California Code of Regulations
Title 21 - Public Works
Division 3 - California State Transportation Agency
Chapter 2 - Transportation Development [Renumbered]
Article 5 - Responsibilities of Transportation Planning Agency
Section 6644 - Report of Apportionments

(a) Prior to March 1, the transportation planning agency shall determine and advise all prospective claimants of the amounts of all area apportionments from the local transportation fund for the following fiscal year. The transportation planning agency shall make this determination using the estimate of funds available for apportionment and allocation furnished by the county auditor pursuant to section 6620. The transportation planning agency shall determine the amount subject to apportionment by determining the anticipated amounts to be allocated or made available for allocation pursuant to Public Utilities Code sections 99233.1, 99233.2, and 99233.3 and subtracting that amount from the county auditor's estimate.

Wherever the areas of two or more prospective claimants overlap, the transportation planning agency shall identify and determine the apportionments for the overlapping and non-overlapping areas separately so that the sum of the amounts of all area apportionments identified and reported does not exceed the total amount subject to apportionment.

(b) For the counties of Alameda, Contra Costa, Orange, San Diego, San Francisco, San Mateo, and Santa Clara, the transportation planning agency shall determine the maximum amount which may be made available for claims filed pursuant to article 4.5 of the Act. That amount, which shall be included in the report of apportionments, is five percent of the sum of the apportionments of the areas of all operators after subtracting any amounts allocated for those areas pursuant to Public Utilities Code sections 99233.4 and 99233.5. The amount made available for claims filed pursuant to article 4.5 shall be subtracted from the amounts of the apportionments of the areas of all operators in equal proportion after subtracting any amounts allocated for purposes of higher priority. For the purpose of claims filed pursuant to article 4 of the Act, the amount of the apportionment of the area of an operator is the amount remaining after the adjustment for the proportion made available for article 4.5 allocations.

(c) For the Counties of Los Angeles and Sacramento, the transportation planning agency shall determine the maximum amount that may be made available for claims filed by cities, counties, and operators pursuant to article 4.5. That amount, which shall be included in the report of apportionments, is five percent of the sum of the apportionments of the areas where claims may not be filed pursuant to article B of the Act after subtracting any amounts allocated for rail services pursuant to Public Utilities Code sections 99233.4. The transportation planning agency may also make funds available for claims filed by consolidated transportation service agencies pursuant to article 4.5. The amount made available for claims filed by consolidated transportation service agencies shall be subtracted from the amounts of the apportionments of all areas in the county in equal proportion after subtracting any amounts allocated for purposes of higher priority. The amount made available for claims filed by cities, counties, and operators pursuant to article 4.5 shall be subtracted from the amounts of the apportionments of the areas of all operators in equal proportion after subtracting any amounts allocated for purposes of higher priority. For the purpose of claims filed pursuant to articles 4 and 8 of the Act, the amount of the apportionment of the area of a claimant is the amount remaining after the adjustment for the proportion made available for article 4.5 allocations. In no case shall that adjustment exceed five percent for any area.

(d) For every county not named in subdivisions(b) and (c), the transportation planning agency may make funds available for claims filed by consolidated transportation service agencies pursuant to article 4.5. The maximum amount that may be made available for such claims is five percent of the sum of the apportionments of all areas after subtracting any amounts allocated for rail services pursuant to Public Utilities Code sections 99233.4. The amount made available for claims filed by consolidated transportation service agencies shall be subtracted from the amounts of the apportionments of all areas in the county in equal proportion after subtracting any amounts allocated for purposes of higher priority, except in Santa Barbara County where pursuant to Public Utilities Code section 99233.10, these funds may be included in determining the apportionment to a city, county or operator. For the purpose of claims filed pursuant to articles 4 and 8 of the Act, the amount of the apportionment of the area of a claimant is the amount remaining after the adjustment for the proportion made available for article 4.5 allocations.