Section 99401.5 Of Article 8. Other Claims For Funds From California Public Utilities Code >> Division 10. >> Part 11. >> Chapter 4. >> Article 8.
99401.5
. Prior to making any allocation not directly related to
public transportation services, specialized transportation services,
or facilities provided for the exclusive use of pedestrians and
bicycles, or any allocation for purposes of subdivision (f) of
Section 99400, the transportation planning agency shall annually do
all of the following:
(a) Consult with the social services transportation advisory
council established pursuant to Section 99238.
(b) Identify the transit needs of the jurisdiction which have been
considered as part of the transportation planning process, including
the following:
(1) An annual assessment of the size and location of identifiable
groups likely to be transit dependent or transit disadvantaged,
including, but not limited to, the elderly, the disabled, including
individuals eligible for paratransit and other special transportation
services pursuant to Section 12143 of Title 42 of the United States
Code, the federal Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12101 et seq.), and persons of limited means, including, but not
limited to, recipients under the CalWORKs program.
(2) An analysis of the adequacy of existing public transportation
services and specialized transportation services, including privately
and publicly provided services necessary to implement the plan
prepared pursuant to Section 12143(c)(7) of Title 42 of the United
States Code, in meeting the transit demand identified pursuant to
paragraph (1).
(3) An analysis of the potential alternative public transportation
and specialized transportation services and service improvements
that would meet all or part of the transit demand.
(4) An analysis of the need to acquire or lease vans and related
equipment for a farmworker vanpool program pursuant to subdivision
(f) of Section 99400. This analysis is only required, however, upon
receipt by the transportation planning agency of a request of an
interested party identifying a potential need.
(c) Identify the unmet transit needs of the jurisdiction and those
needs that are reasonable to meet. The transportation planning
agency shall hold at least one public hearing pursuant to Section
99238.5 for the purpose of soliciting comments on the unmet transit
needs that may exist within the jurisdiction and that might be
reasonable to meet by establishing or contracting for new public
transportation or specialized transportation services or by expanding
existing services. The definition adopted by the transportation
planning agency for the terms "unmet transit needs" and "reasonable
to meet" shall be documented by resolution or in the minutes of the
agency. The fact that an identified transit need cannot be fully met
based on available resources shall not be the sole reason for finding
that a transit need is not reasonable to meet. An agency's
determination of needs that are reasonable to meet shall not be made
by comparing unmet transit needs with the need for streets and roads.
(d) Adopt by resolution a finding for the jurisdiction, after
consideration of all available information compiled pursuant to
subdivisions (a), (b), and (c). The finding shall be that (1) there
are no unmet transit needs, (2) there are no unmet transit needs that
are reasonable to meet, or (3) there are unmet transit needs,
including needs that are reasonable to meet. The resolution shall
include information developed pursuant to subdivisions (a), (b), and
(c) which provides the basis for the finding.
(e) If the transportation planning agency adopts a finding that
there are unmet transit needs, including needs that are reasonable to
meet, then the unmet transit needs shall be funded before any
allocation is made for streets and roads within the jurisdiction.
(f) The transportation planning agency shall not allocate funds
for purposes of subdivision (f) of Section 99400 until all of the
capital and operating funds necessary to meet unmet transit needs
that are reasonable to meet are allocated. The transportation
planning agency shall not reduce funding to existing public
transportation services, specialized transportation services, or
facilities for the exclusive use of pedestrians and bicycles in order
to allocate funds for purposes of subdivision (f) of Section 99400.
The transportation planning agency shall not allocate funds under
subdivision (f) of Section 99400 if the allocation replaces other
federal, state, or local funds used to fund commuter vanpools by a
county, city, transportation planning agency, or transit district.