Section 99268.17 Of Article 4. Claims For Funds From California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 4. >> Article 4.
99268.17
. (a) Notwithstanding subdivision (a) of Section 99247, the
following costs shall be excluded from the definition of "operating
cost" for the purposes of calculating any required ratios of fare
revenues to operating cost specified in this article:
(1) The additional operating costs required to provide comparable
complementary paratransit service as required by Section 37.121 of
Title 49 of the Code of Federal Regulations, pursuant to the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.), as identified in the operator's paratransit plan pursuant to
Section 37.139 of Title 49 of the Code of Federal Regulations that
exceed the operator's costs required to provide comparable
complementary paratransit service in the prior year as adjusted by
the Consumer Price Index.
(2) Cost increases beyond the change in the Consumer Price Index
for all of the following:
(A) Fuel.
(B) Alternative fuel programs.
(C) Power, including electricity.
(D) Insurance premiums and payments in settlement of claims
arising out of the operator's liability.
(E) State and federal mandates.
(3) Startup costs for new services for a period of not more than
two years.
(b) The exclusion of costs from the definition of operating costs
in subdivision (a) applies solely for the purpose of this article and
does not authorize an operator to report an operating cost other
than as defined in subdivision (a) of Section 99247 or a ratio of
fare revenue to operating cost other than as that ratio is described
elsewhere in this article, to any of the following entities:
(1) The Controller pursuant to Section 99243.
(2) The entity conducting the fiscal audit pursuant to Section
99245.
(3) The entity conducting the performance audit pursuant to
Section 99246.