Article 3 - Local Transportation Funds

California Public Utilities Code — §§ 99230-99251

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Sections (46)

Added by Stats. 1972, Ch. 1408.

The designated transportation planning agency shall, from an analysis and evaluation of the total amount anticipated to be available in the local transportation fund and the relative needs of each claimant for the purposes for which the fund is intended, and consistent with the provisions of this chapter, annually determine the amount to be allocated to each claimant.

§ 99231

Amended by Stats. 2024, Ch. 49, Sec. 14. (AB 168) Effective July 2, 2024.

(a)All operators and city or county governments with responsibility for providing municipal services to a given area collectively may file claims for only those moneys that represent that area’s apportionment.

(b)The term “apportionment” has reference to that

proportion of the total annual revenue anticipated to be received in the fund that the population of the area bears to the total population of the county.

(c)The term “area” means:

(1)With reference to a transit district, the entire area stated in its enabling legislation or franchise, excluding cities therein which have retained the right to join the district at a later time.

(2)With reference to a transit development board, the entire area stated in its enabling legislation, including the municipalities therein which operated bus systems prior to the creation of the board and subsequently conveyed those systems to the board.

(3)With reference to a county government, the unincorporated area of the county.

(4)With reference to a city government, the corporate area of the city.

(5)With reference to the City and County of San Francisco and the Counties of Alameda and Contra Costa, the unincorporated area thereof (and with reference to a city in those counties, the corporate area of the city) which is outside the area of the Alameda-Contra Costa Transit District and which is not receiving adequate local public transportation services, as determined by the Metropolitan Transportation Commission pursuant to subdivision (b) of Section 99207.

(6)(A) Where a transit district, a transit development board, or a county or city, provides public transportation services beyond its boundaries, its area, for purposes of this section, shall also include:

(i)All of that area within one-half mile of any route which extends beyond its boundaries.

(ii) All of the corporate area of a city to which it provides those services pursuant to contract or prior express authority of the secretary.

(B) The transportation planning agency may rely, in its determination of populations, on estimates which are used by the Controller for distributing

money to cities under Section 2107 of the Streets and Highways Code and to counties under Section 11005 of the Revenue and Taxation Code, and may contract with the Department of Finance or other appropriate state agency for an annual determination of those population estimates as may be necessary.

(7)With reference to the County of Riverside, the area within the jurisdiction of the transit operator established by the joint exercise of powers of one or more cities and the County of Riverside. The area within the jurisdiction of the transit operator shall be as it existed on January 1, 1981, as determined by the Riverside County Transportation Commission.

(8)With reference to the County of San Bernardino, the area within the jurisdiction of the transit operator established by the joint exercise of powers of one or more cities, including the most populous city, and the County of San Bernardino. The area within the jurisdiction of the transit operator shall be as it existed on January 1, 1985, as determined by the San Bernardino County Transportation Commission.

(9)With reference to the County of Monterey, the area including the Correctional Training Facility, even if annexed by the City of Soledad.

(10)With reference to the County of Del Norte, the area including the Pelican Bay State Prison, even if annexed by the City of Crescent City.

(11)With reference to the County of Imperial, the area including the Calipatria State Prison, even if annexed by the City of Calipatria.

(12)With reference to the County of Riverside, the area including the Chuckawalla Valley State Prison, even if annexed by the City of Blythe.

(13)With reference to the County of Imperial, the area including the California State Prison, Centinela, even if annexed by either the City of El Centro or the City of Imperial.

(14)With reference to the County of Madera, the area including the Central California Women’s Facility and the Valley State Prison, even if annexed by the City of Chowchilla.

§ 99231.2

Added by Stats. 1976, Ch. 104.

Except in the County of Los Angeles, the transportation planning agency, notwithstanding Section 99231, may approve the claim filed for an unincorporated area by an operator which is serving that area pursuant to a contract with the county, even though the amount of the claim exceeds the apportionment for the area, if the amount is approved by the county.

§ 99232

Amended by Stats. 1981, Ch. 1055, Sec. 3.

For counties with a population of 500,000 or more, as determined by the 1970 federal decennial census, but excluding counties with more than 4,500 miles of maintained county roads as of 1970, the amount representing the apportionments of the areas of all operators shall be available solely for claims for Section 99234 purposes and for Article 4 (commencing with Section 99260) and Article 4.5 (commencing with Section 99275) purposes, and any of those moneys not allocated in any year shall be available for those claims in subsequent years.

§ 99232.1

Added by Stats. 2009, Ch. 609, Sec. 1. (SB 716) Effective January 1, 2010.

(a)Notwithstanding Section 99232, for each county with a population of less than 500,000 as of the 1970 federal decennial census, but with a population of 500,000 or more as of the 2000 federal decennial census, or a county whose population is 500,000 or more at a subsequent decennial census, the apportionment to the areas within the urbanized areas of the county, as defined for purposes of the 2000 federal decennial census and each census thereafter, shall be

available solely for claims for Article 4 (commencing with Section 99260) and Article 4.5 (commencing with Section 99275) purposes. In a county subject to this section, the apportionment for areas outside of the urbanized area of the county may be used for claims for Article 4 (commencing with Section 99260), Article 4.5 (commencing with Section 99275), and Article 8 (commencing with Section 99400) purposes, providing that allocations under Article 8 (commencing with Section 99400) shall be subject to the unmet needs process as prescribed by Section 99401.5.

(b)The apportionment attributable to the unincorporated area within an urbanized area shall be determined by the proportion that the urbanized area’s unincorporated area population bears to the total unincorporated population times the total apportionment attributable to the unincorporated area.

(c)For a county that is

subject to this section, this section shall not apply to that county until July 1, 2014.

§ 99232.2

Added by Stats. 2009, Ch. 609, Sec. 2. (SB 716) Effective January 1, 2010. Section operative July 1, 2014, by its own provisions.

(a)Notwithstanding Section 99232.1, a city with a population of 100,000 or fewer within an urbanized area in a county subject to Section 99232.1 is not required to expend all of its apportionment for Article 4 (commencing with Section 99260) and Article 4.5 (commencing with Section 99275) purposes.

(b)The population of cities within an urbanized area shall be based on

the city and county population estimates published annually by the Department of Finance.

(c)Nothing in this section shall preclude a city with a population of 100,000 or fewer within an urbanized area in a county subject to Section 99232.1 from expending all of its apportionment for Article 4 (commencing with Section 99260) and Article 4.5 (commencing with Section 99275) purposes.

(d)This section shall become operative on July 1, 2014.

§ 99232.4

Added by Stats. 1993, Ch. 250, Sec. 2. Effective January 1, 1994. Section operative July 1, 1994, by its own provisions.

(a)Notwithstanding Section 99231, and subject to subdivision (a) of Section 99232.5, the apportionment area for the Sacramento Regional Transit District includes all of the incorporated and unincorporated area of the County of Sacramento, excluding cities in the county that have retained the right to join the district at a later time. However, the apportionment restriction in Section 99232 only applies to the area of the Sacramento Regional Transit District described in subdivision (a) of Section 99231.

(b)(1) The Sacramento Regional Transit District may file a claim under Article 8 (commencing with Section 99400), but not under Article 4 (commencing with Section 99260), for the apportionment not subject to Section 99232 and subdivision (a) of Section 99232.5.

(2)The County of Sacramento may also file a claim under Article 8 (commencing with Section 99400) for the apportionment not subject to the restriction in Section 99232. However, a claim for the purposes of subdivision (a) of Section 99400 shall not be approved unless it is determined by the Sacramento Area Council of Governments, at a public hearing for which 15 days’ notice has been given pursuant to Section 6061 of the Government Code, that there are no unmet transit needs, as defined in Section 99401.5, within the area of the Sacramento Regional Transit District described under subdivision (a) of

Section 99231.

(c)This section shall become operative on July 1, 1994.

§ 99232.5

Amended by Stats. 1993, Ch. 250, Sec. 2.1. Effective January 1, 1994.

(a)Notwithstanding Section 99232, cities within the County of Sacramento which are outside the activated boundaries of the Sacramento Regional Transit District, but which provide transit service or which contract with the district for transit service, may also file claims under Article 8 (commencing with Section 99400) if it is determined by the Sacramento Area Council of Governments, at a public hearing for which 15 days’ notice has been given pursuant to Section 6061 of the Government Code, that the transit needs of these cities

can be met with use of an amount less than the total apportionment of these cities.

(b)With respect to such a city, not less than 25 percent of its apportionment shall be allocated for Article 4 (commencing with Section 99260) purposes.

§ 99232.6

Added by Stats. 1986, Ch. 903, Sec. 1.

Notwithstanding Section 99232, the County of San Diego may also file claims under Article 8 (commencing with Section 99400) for an unincorporated area not served by the San Diego Metropolitan Transit Development Board or the North San Diego County Transit Development Board if all of the following conditions are met:

(a)The San Diego Association of Governments, at a public hearing for which 15 days’ notice has been given pursuant to Section 6061 of the Government Code, finds that the transit needs of that unincorporated area can be met by using an amount less than the apportionment for

that unincorporated area.

(b)The county board of supervisors concurs in that finding.

(c)An equal amount from the apportionment for the unincorporated area served by the San Diego Metropolitan Transit Development Board has been claimed for transit capital projects that are mutually agreed upon by the county and San Diego Metropolitan Transit Development Board.

A claim for a transit capital project pursuant to subdivision (c) may be made by the county or the San Diego Metropolitan Transit Development Board, or jointly, as specified by mutual agreement.

§ 99232.7

Added by Stats. 2018, Ch. 46, Sec. 3. (SB 848) Effective June 27, 2018.

(a)Notwithstanding Sections 99232.1 and 99401.5, any local transportation fund apportionments available to the Ventura County Transportation Commission for the City of Thousand Oaks may be allocated for local streets and roads.

(b)Notwithstanding Sections 99232.1 and 99401.5, any local transportation fund apportionments available to the Ventura County Transportation Commission for the City of Thousand Oaks may be allocated for claims under Article 8 (commencing with Section 99400).

§ 99233

Amended by Stats. 1997, Ch. 45, Sec. 1. Effective January 1, 1998.

Except as provided in Section 99233.11, the fund shall be allocated by the designated transportation planning agency for the purposes specified in Sections 99233.1 to 99233.9, inclusive, in the sequence provided in those sections.

§ 99233.1

Added by Stats. 1976, Ch. 1348.

There shall be allocated to the county and the transportation planning agency such sums as are necessary to administer this chapter.

§ 99233.10

Added by Stats. 1989, Ch. 226, Sec. 1.

Notwithstanding Section 99233.7, funds made available in the County of Santa Barbara for claims filed pursuant to Article 4.5 (commencing with Section 99275) may be included in determining the apportionment to a city, county, or operator for purposes of Sections 99233.8 and 99233.9.

§ 99233.11

Added by Stats. 1997, Ch. 45, Sec. 2. Effective January 1, 1998.

Funds made available to the County of Stanislaus and the cities in that county shall be allocated in the following order:

(a)To the Stanislaus Area Association of Governments, the County of Stanislaus, and the cities in that county, an amount deemed necessary for the administration of this chapter.

(b)To the Stanislaus Area Association of Governments, an amount approved by that association, but not more than 3 percent of annual

revenues, to conduct the transportation planning and programming process, unless a greater amount is approved by the director.

(c)To pedestrian and bicycle facilities, not more than 2 percent of the funds remaining, in accordance with Section 99233.3.

(d)To the Stanislaus Area Association of Governments, an amount deemed necessary for intracity, intercity, and interregional transit services and rail passenger services, when a claim is filed under Section 99234.9, Article 4 (commencing with Section 99260), or Article 8 (commencing with Section 99400), consistent with the cost-sharing criteria approved by the association. Apportionments and allocations from those funds made by the association to the county and the cities in the county also shall be in accordance with the cost-sharing criteria approved by the association.

§ 99233.12

Amended by Stats. 2012, Ch. 769, Sec. 10. (AB 2679) Effective January 1, 2013.

Notwithstanding anything in Sections 99233 to 99233.9, inclusive, to the contrary, the Solano Transportation Authority may file a claim, and the transportation planning agency may allocate, for the area representing the cumulative areas of the authority’s member agencies, up to 2.7 percent of annual revenues for countywide transit planning and coordination purposes relative to Solano County. Funds allocated to the

authority pursuant to this section shall be allocated after allocations are made pursuant to Sections 99233.1 and 99233.2 but prior to other allocations.

§ 99233.2

Amended (as added by Stats. 2009, Ch. 530, Sec. 2) by Stats. 2010, Ch. 328, Sec. 206. (SB 1330) Effective January 1, 2011. Section operative July 1, 2011, by its own provisions.

(a)Except as provided in subdivisions (b) and (c), there shall be allocated to the transportation planning agency, if it is statutorily created, such sums as it may approve, up to 3 percent of annual revenues, for the conduct of the transportation planning and programming process, unless a greater amount is approved by the director.

(b)(1) In those areas that have a county transportation commission created pursuant to Section 130050, up to 1 percent of annual revenues shall be allocated to the commission in Los Angeles County, and up to 3 percent of the annual revenues shall be allocated to the commissions in Orange, Riverside, and San Bernardino Counties for the transportation planning and programming process. Of the funds allocated to the commission in Riverside County, one-half shall be allocated for planning studies within the Western Riverside County and the Coachella Valley areas, as determined by the commission.

(2)In the area of the multicounty designated transportation planning agency, as defined in Section 130004, up to three-fourths of 1 percent of annual revenues shall be allocated by the appropriate entities, proportionately, on or before each July 1, to the multicounty

designated transportation planning agency for the transportation planning and programming process. No operator shall grant any funds it receives under this chapter to the designated multicounty transportation planning agency for purposes of the agency carrying out its responsibilities under Division 12 (commencing with Section 130000).

(c)In Ventura County, up to 2 percent of the annual revenues shall be allocated to the Ventura County Transportation Commission for the transportation planning and programming process.

(d)This section shall become operative on July 1, 2011.

§ 99233.3

Amended by Stats. 2015, Ch. 716, Sec. 1. (SB 508) Effective January 1, 2016.

Two percent of the remaining money in the fund shall be made available to counties and cities for facilities provided for the exclusive use of pedestrians and bicycles unless the transportation planning agency finds that the money could be used to better advantage for the purposes stated in Article 4 (commencing with Section 99260) and Article 4.5 (commencing with Section 99275), or for local street and road purposes in those areas where the money may be expended for those purposes, in the development of a balanced transportation system. Of the amount made available to a city or county pursuant to this section,

5 percent thereof may be expended to supplement moneys from other sources to fund bicycle and pedestrian safety education programs, but shall not be used to fully fund the salary of any one person.

§ 99233.4

Amended by Stats. 1991, Ch. 995, Sec. 6.

Allocations shall be made for rail passenger service operations and capital improvements pursuant to Section 99234.5, 99234.7, or 99234.9.

§ 99233.5

Amended by Stats. 2002, Ch. 743, Sec. 3. Effective January 1, 2003.

Up to 10 percent of the remaining money for the area under the jurisdiction of a transit development board created pursuant to Division 11 (commencing with Section 120000) shall be allocated to the transit development board and the transportation planning agency to carry out administrative and planning powers, duties, and functions and construction and acquisition programs in accordance with Article 4 (commencing with Section 132353) of Chapter 3 of Division 12.7.

Thereafter, the remaining money for allocation in

that area shall be allocated by the transportation planning agency to claimants.

§ 99233.7

Amended by Stats. 1982, Ch. 241, Sec. 1. Effective June 9, 1982.

Up to 5 percent of the remaining money in the fund shall be made available to cities, counties, and operators for claims filed pursuant to Article 4. 5 (commencing with Section 99275) in those areas where claims may not be filed for those purposes specified in Article 8 (commencing with Section 99400), and may be made available to consolidated transportation service agencies, unless the transportation planning agency, or a county transportation commission created pursuant to Division 12 (commencing with Section 130000), having jurisdiction finds, after considering the claims pursuant to subdivision (c) of Section 99275.5,

that the allocations of money could be used to better advantage for the purposes stated in Article 4 (commencing with Section 99260) in the development of a balanced transportation system.

The money may be allocated without respect to Section 99231 and shall not be included in determining the apportionment to a city or county for purposes of Sections 99233.8 and 99233.9.

§ 99233.8