75230.
(a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce the emissions of greenhouse gases and improve mobility, with a priority on serving disadvantaged communities.
(b) Funding for the program is continuously appropriated pursuant to Section 39719.4 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code.
(c) (1) Except as provided in paragraph (2), funding shall be allocated by the Controller on a formula basis consistent with the requirements of this part, upon a determination by the department that the expenditures proposed by a recipient transit agency meet the requirements of this part and guidelines developed pursuant to this section, and that the amount of funding requested is currently available.
(2) For the portion of funding allocated pursuant to paragraph (1) under the formula set forth in Section 99314 of the Public Utilities Code, the Controller shall allocate that funding for the 2019–20 to 2025–26, inclusive, fiscal years based on the individual operator ratios described in Section 99314.10 of the Public Utilities Code.
(d) (1) Program funds shall be expended only on the following services and programs:
(A) Maintenance or expansion of bus, rail, or ferry services, including, but not limited to, equipment acquisition, vehicles, fueling, maintenance, and other costs to operate bus, rail, and ferry services. The expenditure of program funds on buses shall be in accordance with the State Air Resources Board’s Innovative Clean Transit Regulations (Article 4.3 (commencing with Section 2023) of Chapter 1 of Division 3 of Title 13 of the California Code of Regulations).
(B) Transit fare subsidies, including, but not limited to, discounted and free student transit passes.
(C) Network and fare integration technology improvements.
(2) An expenditure made pursuant to paragraph (1) shall be deemed to reduce greenhouse gas emissions.
(e) (1) For a recipient transit agency whose service area includes disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this part shall be expended on projects or services that meet the requirements of subdivision (d) and benefit the disadvantaged communities, as identified consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code.
(2) The requirement of paragraph (1) is waived if the recipient transit agency expends the funding provided pursuant to this section on any of the following:
(A) New or expanded transit service that connects with transit service that serves disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, or in low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code.
(B) Transit fare subsidies and network and fare integration technology improvements, including, but not limited to, discounted or free student transit passes.
(C) The purchase of zero-emission transit buses and supporting infrastructure.
(3) Expenditures made pursuant to paragraph (2) shall be deemed to have met all applicable requirements established pursuant to Section 39713 of the Health and Safety Code.
(4) This section does not require a recipient transit agency to provide individual rider data to the Department of Transportation or to the State Air Resources Board.
(f) (1) Before receiving an allocation of funds pursuant to subdivision (c) from the Controller in a fiscal year, a recipient transit agency shall submit to the department a list of services or programs proposed to be funded with the funds. The list of services or programs proposed to be funded by the program may be for a single year or for multiple years. The list of services or programs proposed to be funded with the funds shall include a description and location of each proposed service or program. The list of services or programs submitted to the department shall not limit the flexibility of a recipient transit agency to fund services or programs in accordance with local needs and priorities if the services or programs are consistent with subdivision (d).
(2) The department shall report to the Controller a recipient transit agency that has submitted a list of services or programs as described in this subdivision and that is therefore eligible to receive an allocation of funds for the applicable fiscal year. The Controller, upon receipt of the report, shall allocate funds consistent with subdivision (c).
(g) For each fiscal year, a recipient transit agency receiving an allocation of funds pursuant to subdivision (f) shall, upon expending those funds, submit documentation to the department that includes a description and location of each completed service or program, and the amount of funds expended on the service or program.
(h) A recipient transit agency that has used program moneys for any type of service or program allowed by subdivision (d) in a previous fiscal year may use program moneys to continue the same service or program in a subsequent fiscal year.
(i) A recipient transit agency that does not submit a list pursuant to paragraph (1) of subdivision (f) in a particular fiscal year may retain its funding share, and may accumulate and use that funding share in a subsequent fiscal year for a larger expenditure. The recipient transit agency shall first specify the number of fiscal years that it intends to retain its funding share and the program or service for which the agency intends to use these moneys. A recipient transit agency may only retain its funding share for a maximum of four fiscal years.
(j) A recipient transit agency may, in any particular fiscal year, loan or transfer its funding share to another recipient transit agency within the same region for any identified eligible program or service under the program, in accordance with procedures developed and adopted by the department.
(k) A recipient transit agency may apply to the department to reassign any savings of surplus moneys allocated under this section to the agency for a program or service that has been completed to another eligible program or service under the program. A recipient transit agency may also apply to the department to reassign to another eligible program or service any moneys from the program previously allocated to the agency for a program or service that the agency has determined is no longer a priority for the use of those moneys.
(l) A recipient transit agency shall comply with all applicable legal requirements, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. This section does not expand or extend the applicability of those laws to recipient transit agencies.
(m) The audit of public transportation operator finances already required under the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code) pursuant to Section 99245 of the Public Utilities Code shall be expanded to include verification of receipt and appropriate expenditure of moneys from the program. Each recipient transit agency receiving moneys from the program in a fiscal year for which an audit is conducted shall transmit a copy of the audit to the department, and the department shall make the audits available to the Legislature and the Controller for review on request.
(n) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines or procedures for the program pursuant to this section.
(o) For purposes of this section, “department” means the Department of Transportation.