Section 99314.7 Of Article 6.5. Transportation Planning And Development Account From California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 4. >> Article 6.5.
99314.7
. (a) In allocating funds for operating purposes pursuant to
Sections 99313 and 99314, the Metropolitan Transportation Commission
shall apply the following eligibility standards to the operators
within the region subject to its jurisdiction:
(1) An operator is not eligible for its full allocation under this
section unless the operator has been found to have made reasonable
effort in implementing productivity improvements pursuant to Section
99244. In determining whether a reasonable effort has been made, the
Metropolitan Transportation Commission shall give consideration to
whether the operator would qualify for funding under Section 99314.6.
The amount of funds allocated shall be reduced in an amount that the
Metropolitan Transportation Commission deems proportionate to the
failure of the operator to implement the recommended improvements.
The Metropolitan Transportation Commission shall adopt rules and
regulations, in cooperation with the affected operators, governing
the allocation of any funds withheld under this paragraph, subject to
paragraphs (2) and (3).
(2) Notwithstanding paragraph (1), an operator shall not receive
any funds pursuant to Section 99313 or 99314 unless it has complied
with the applicable rules , regulations, and recommendations adopted
by the Metropolitan Transportation Commission pursuant to Sections
66516 and 66516.5 of the Government Code.
(3) Funds withheld from allocation to an operator pursuant to
paragraph (1) shall be retained by the Metropolitan Transportation
Commission for reallocation to that operator for two years following
the year of ineligibility. With respect to the funds withheld from an
operator pursuant to paragraph (1), the Metropolitan Transportation
Commission shall reallocate those funds to the operator if the
operator complies with that paragraph within two years. Funds not
reallocated to the operator, and funds withheld pursuant to paragraph
(2), shall be allocated to any eligible operator within the region
subject to the jurisdiction of the Metropolitan Transportation
Commission for the purpose of improving coordination among the
operators, or to any operator whose increase in total operating cost
per revenue vehicle hour is less than the increase in the Consumer
Price Index. Funds allocated for these purposes are exempt from
subdivision (a).
(b) For purposes of this section, "operating cost," "revenue
vehicle hour," and "Consumer Price Index" have the same meaning as
defined in Section 99314.6.