Section 6754 - Required Findings(a) The regional entity may allocate funds to an operator or a transit service claimant only if, in the resolution allocating the funds, it finds all of the following: (1) The claimant's proposed expenditures are in conformity with the Regional Transportation Plan.(2) The level of passenger fares and charges is sufficient to enable the operator or transit service claimant to meet the fare revenue requirements of Public Utilities Code sections 99268.2, 99268.3, 99268.4, 99268.5, and 99268.9, as they may be applicable to the claimant.(3) The claimant is making full use of federal funds available under the Urban Mass Transportation Act of 1964, as amended.(4) The sum of the claimant's allocations from the state transit assistance fund and from the local transportation fund does not exceed the amount the claimant is eligible to receive during the fiscal year.(5) Priority consideration has been given to claims to offset reductions in federal operating assistance and the unanticipated increase in the cost of fuel, to enhance existing public transportation services, and to meet high priority regional, countywide, or area-wide public transportation needs.(b) The regional entity may allocate funds to an operator for the purposes specified in section 6730 only if, in the resolution allocating the funds, it also finds the following: (1) The operator has made a reasonable effort to implement the productivity improvements recommended pursuant to Public Utilities Code section 99244. This finding shall make specific reference to the improvements recommended and to the efforts made by the operator to implement them.(2) A certification by the Department of the California Highway Patrol verifying that the operator is in compliance with section 1808.1 of the Vehicle Code, as required in Public Utilities Code section 99251. The certification shall have been completed within the last 13 months, prior to filing claims.(3) The operator is in compliance with the eligibility requirements of Public Utilities Code section 99314.6 or 99314.7.(c) The regional entity may authorize an operator to exchange funds pursuant to Public Utilities Code section 99314.4(b) only if, in the resolution allocating the funds made available pursuant to Public Utilities Code section 99231, it finds that the operator is eligible to receive state transit assistance funds.Cal. Code Regs. Tit. 21, § 6754
1. Amendment filed 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).
2. Amendment filed 8-16-88; operative 9-15-88 (Register 88, No. 34).
3. Amendment of new subsection (b)(5) filed 8-13-90; operative 9-12-90 (Register 90, No. 40).
4. Amendment of subsection (c) filed 8-1-91; operative 9-2-91 (Register 91, No. 48).
5. Repealer of subsection (b)(3), subsection renumbering, amendment of subsection (b)(4) and NOTE filed 7-20-92; operative 8-19-92 (Register 92, No. 30).
6. Amendment of subsections (a)(2) and (b)(1), repealer of subsection (b)(2), subsection renumbering and amendment of newly designated subsections (b)(2)-(3) and subsection (c) filed 1-10-2008; operative 2-9-2008 (Register 2008, No. 2). Note: Authority cited: Section 99241, Public Utilities Code. Reference: Sections 99231, 99244, 99251, 99310.5, 99313.3, 99314.3, 99314.4(b), 99314.5, 99314.6 and 99314.7, Public Utilities Code.
1. Amendment filed 6-21-84; effective thirtieth day thereafter (Register 84, No. 25).
2. Amendment filed 8-16-88; operative 9-15-88 (Register 88, No. 34).
3. Amendment of new subsection (b)(5) filed 8-13-90; operative 9-12-90 (Register 90, No. 40).
4. Amendment of subsection (c) filed 8-1-91; operative 9-2-91 (Register 91, No. 48).
5. Repealer of subsection (b)(3), subsection renumbering, amendment of subsection (b)(4) and Note filed 7-20-92; operative 8-19-92 (Register 92, No. 30).
6. Amendment of subsections (a)(2) and (b)(1), repealer of subsection (b)(2), subsection renumbering and amendment of newly designated subsections (b)(2)-(3) and subsection (c) filed 1-10-2008; operative 2-9-2008 (Register 2008, No. 2).