Section 99314.6 Of Article 6.5. Transportation Planning And Development Account From California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 4. >> Article 6.5.
99314.6
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(a) Except as provided in Section 99314.7, the following
eligibility standards apply:
(1) Except as provided in paragraph (3), funds shall be allocated
for operating or capital purposes pursuant to Sections 99313 and
99314 to an operator if the operator meets either of the following
efficiency standards:
(A) The operator shall receive its entire allocation, and any or
all of this allocation may be used for operating purposes, if the
operator's total operating cost per revenue vehicle hour in the
latest year for which audited data are available does not exceed the
sum of the preceding year's total operating cost per revenue vehicle
hour and an amount equal to the product of the percentage change in
the Consumer Price Index for the same period multiplied by the
preceding year's total operating cost per revenue vehicle hour.
(B) The operator shall receive its entire allocation, and any or
all of this allocation may be used for operating purposes, if the
operator's average total operating cost per revenue vehicle hour in
the latest three years for which audited data are available does not
exceed the sum of the average of the total operating cost per revenue
vehicle hour in the three years preceding the latest year for which
audited data are available and an amount equal to the product of the
average percentage change in the Consumer Price Index for the same
period multiplied by the average total operating cost per revenue
vehicle hour in the same three years.
(2) If an operator does not meet either efficiency standard under
paragraph (1), the operator shall receive its entire allocation and
the funds shall be allocated pursuant to this paragraph. The portion
of the allocation that the operator may use for operations shall be
the total allocation to the operator reduced by the lowest percentage
by which the operator's total operating cost per revenue vehicle
hour for the applicable year or three-year period calculated pursuant
to subparagraph (A) or (B) of paragraph (1) exceeded the target
amount necessary to meet the applicable efficiency standard. The
remaining portion of the operator's allocation shall be used only for
capital purposes.
(3) The transportation planning agency, county transportation
commission, or the San Diego Metropolitan Transit Development Board,
as the case may be, shall adjust the calculation of operating costs
and revenue vehicle hours pursuant to paragraph (1) to account for
either or both of the following factors:
(A) Exclusion of cost increases beyond the change in the Consumer
Price Index for fuel; alternative fuel programs; power, including
electricity; insurance premiums and payments in settlement of claims
arising out of the operator's liability; or state or federal
mandates, including 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.
(B) Exclusion of startup costs for new services for a period of
not more than two years.
(b) As used in this section, the following terms have the
following meanings:
(1) "Operating cost" means the total operating cost as reported by
the operator under the uniform system of accounts and records,
pursuant to Section 99243 and subdivision (a) of Section 99247.
(2) "Revenue vehicle hours" has the same meaning as "vehicle
service hours," as defined in subdivision (h) of Section 99247.
(3) "Consumer Price Index," as applied to an operator, is the
regional Consumer Price Index for that operator's region, as
published by the United States Bureau of Labor Statistics. If a
regional index is not published, the index for the State of
California applies.
(4) "New service" has the same meaning as "extension of public
transportation services" as defined in Section 99268.8.
(c) The restrictions in this section do not apply to allocations
made for capital purposes.
(d) The exclusion of cost increases described in paragraph (3) of
subdivision (a) applies solely for the purpose of calculating an
operator's eligibility to claim funds pursuant to this section and
does not authorize an operator to report an operating cost per
revenue vehicle hour, other than as described in this section and in
Section 99247, 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.
(e) This section shall become operative on July 1, 2016.