Cal. Code Regs. tit. 21 § 6659

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 6659 - Allocation Instruction

The transportation planning agency shall convey allocation instructions to the county auditor by written memorandum of its executive director accompanied by a certified copy of the resolution authorizing the action. No allocation is made or shall take effect except by such allocation instruction.

The transportation planning agency shall convey at least one allocation instruction annually and prior to the beginning of the fiscal year for each operator and transit service claimant which has filed an annual claim pursuant to Section 6630. The transportation planning agency may, however, delay an allocation instruction until after the beginning of the fiscal year with the consent of the operator or transit service claimant.

Each allocation instruction shall be numbered or otherwise identified for record keeping and reporting purposes. Allocations made to the same claimant for purposes authorized under different sections of the Act shall be identified separately. Each allocation instruction shall include the date of the instruction and shall designate the fiscal year for which the allocation is made, the section of the Act under which the allocation is authorized, the amount allocated, and the terms and conditions of the allocation. If an allocation is authorized for payment, the allocation instruction may call for a single payment, for payment as moneys become available, or for payment by installments, monthly, quarterly, or otherwise. If an allocation is to be reserved in the fund, the allocation instruction shall also designate the specific capital project for which moneys are reserved.

Once an allocation instruction has been made, it may be rescinded and revised by the transportation planning agency only under one of the following circumstances:

(a) An appeal affecting the allocation has been filed;

(b) The claimant is found to be spending, or unless enjoined to be about to spend, moneys otherwise than in accordance with the terms of the allocation instruction;

(c) An adjustment is proved to be necessary to reconcile the estimates on which the allocation was based with actual figures or revised estimates, including a revised determination of apportionments issued in accordance with Section 6655.5; or

(d) The financial needs of the claimant differ from those at the time of the allocation due to changed circumstances.

Cal. Code Regs. Tit. 21, § 6659

1. Amendment filed 10-3-73 as procedural; designated effective 10-28-73 (Register 73, No. 39).
2. Amendment filed 3-4-77; effective thirtieth day thereafter (Register 77, No. 10).
3. Amendment filed 2-7-78; effective thirtieth day thereafter (Register 78, No. 6).
4. Editorial correction adding NOTE filed 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).

Note: Authority cited: Section 99241, Public Utilities Code. Reference: Sections 99230 and 99235, Public Utilities Code.