TNC ACCESS FOR ALL PROGRAM - Guidelines for Access Fund Administrators (AFAs) - SBCAG Board Meetings
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The following guidelines describe the criteria and
procedures for AFA selection, Access Fund
disbursement and administration of the program.
Consumer Protection and
Enforcement Division
TNC ACCESS FOR June 16, 2020
ALL PROGRAM
Guidelines for Access Fund
Administrators (AFAs)Table of Contents
PROGRAM OVERVIEW................................................................................................................................... 2
Authority and Purpose .............................................................................................................................. 2
Access Fee and Access Fund ..................................................................................................................... 2
Access Providers ....................................................................................................................................... 2
Access Fund Administrators ...................................................................................................................... 2
Allocation of Funds ................................................................................................................................... 3
Available Access Fund Balance Estimates ................................................................................................. 3
Application Schedule ................................................................................................................................ 5
PHASE I – AFA SELECTION AND ACCEPTANCE .............................................................................................. 5
Eligible Applicants and Selection .............................................................................................................. 5
Role and Responsibilities of an AFA .......................................................................................................... 7
Intent to Serve as an AFA .......................................................................................................................... 8
PHASE II – PROGRAM ADMINISTRATION PLAN REVIEW............................................................................... 8
Required Information ............................................................................................................................... 8
Forms and supporting documents ............................................................................................................ 9
Submission .............................................................................................................................................. 10
Review ..................................................................................................................................................... 10
PHASE III – COMMISSION APPROVAL AND DISBURSEMENT ...................................................................... 10
Approval .................................................................................................................................................. 10
Disbursement .......................................................................................................................................... 10
PHASE IV – REPORTING REQUIREMENTS .................................................................................................... 11
Consolidated Quarterly Reports from Access Providers......................................................................... 11
Amount of Access Funds ......................................................................................................................... 12
Progress of Access Providers .................................................................................................................. 12
1|PagePROGRAM OVERVIEW
Authority and Purpose
The California Public Utilities Commission (CPUC or Commission) created the TNC Access for All
Program to implement Senate Bill (SB) 1376 (Hill: 2018) which directed the Commission to
establish a program relating to accessibility for persons with disabilities, including wheelchair
users who need a wheelchair-accessible vehicle (WAV). 1
Access Fee and Access Fund
In Decision (D.) 19-06-033, the Commission required transportation network companies (TNCs) 2
to collect an “access fee” in the amount of $0.10 for each TNC trip 3 and to remit the total fees
collected to the Commission on a per geographic area 4 and quarterly basis beginning the third
quarter of 2019.
The fees collected from TNCs are then deposited in the Commission’s TNC Access for All Fund
or “Access Fund” for distribution to “access providers” that establish on-demand transportation
programs or partnerships to meet the needs of persons with disabilities, including wheelchair
users who need a WAV, in each geographic area. TNCs may “offset” the fees due to the
Commission by the amounts they spent quarterly to improve WAV service in each geographic
area. 5
Access Providers
SB 1376 defines an access provider as “an organization or entity that directly provides, or
contracts with a separate organization or entity to provide, on-demand transportation to meet
the needs of persons with disabilities.” 6
The Commission administers the distribution of Access Fund moneys to enable on-demand
transportation programs or partnerships to meet the needs of persons with disabilities,
including wheelchair users who need a WAV, in each geographic area.
Access Fund Administrators
In D.20-03-007, the Commission authorized “Access Fund Administrators” (AFAs) to develop
WAV programs locally, using Access Fund moneys collected by the Commission, and tasked
CPED to develop guidelines for the selection of AFAs, disbursement of funds, and compliance
with data reporting. Under the Commission’s program, only the following entities may serve as
1
California Public Utilities Code §5440.5 (a)(1).
2
“Transportation network company” means an organization, including, but not limited to, a corporation, limited
liability company, partnership, sole proprietor, or any other entity, operating in California that provides
prearranged transportation services for compensation using an online-enabled application or platform to connect
passengers with driver using a personal vehicle. See California Public Utilities Code §5431(c).
3
See Commission Decision D.19-06-033.
4
Commission Rulemaking R.19-02-012 designated each county in California as a geographic area.
5
See Commission Decision D.20-03-007.
6
California Public Utilities Code §5431.5(a).
2|PageAFAs: Metropolitan Planning Organizations (MPOs), Regional Transportation Planning Agencies
(RTPAs) and County Transportation Commissions (CTCs).
Allocation of Funds
CPUC will allocate Access Fund moneys annually in each geographic area proportional to the
percent of the fees originating in that geographic area. This means that the available funds by
geographic area will fluctuate by quarter depending on the total amount of access fees ($0.10
per TNC trip) collected from each geographic area and the offset amounts requested by TNCs
for that area.
For example, if County A’s share of the total access fees collected in Q3 2019 is 10%, then
County A shall be allocated 10% of the total available Access Fund balance (total access fee
collected less offsets) in Q3 2019. If County A’s share decreases to 5% in the following quarter,
then its share of the available funds for that quarter shall also be 5%. County A’s share of the
available funds in each of the four consecutive quarters will be then added up, which will
constitute the total annual allocation for County A.
If awarded by the Commission, County A shall then administer 85% of allocated funds to access
providers within its jurisdiction in accordance with the guidelines set by the Commission. The
remaining 15% may be used by County A to pay for its administrative costs incurred in running
the program.
The available funds for the current funding year 2021 will be the total of moneys in the Access
Fund from Quarter 3 (July 1 through September 30) and Quarter 4 (October 1 through
December 31) of 2019 and Quarter 1 (January 1 through March 31) and Quarter 2 (April 1
through June 30) of 2020. The table below lists each funding year and the corresponding
quarters where the funds will be drawn from.
Funding Year Funding Sources
2021 Q3 2019 – Q2 2020
2022 Q3 2020 – Q2 2021
2023 Q3 2021 – Q2 2022
2024 Q3 2022 – Q2 2023
2025 Q3 2023 – Q2 2024
2026 Q3 2024 – Q2 2025
Available Access Fund Balance Estimates
As discussed above, the Access Fund is funded by a $0.10 fee collected on each TNC trip that is
remitted to the Commission by TNCs each quarter per county. The amount of available funds
per county/geographic area in Table 1 below are estimates as of June 1, 2020 and only reflect
fees collected and offsets requested from Quarter 3 (Q3) and Quarter 4 (Q4) of 2019. Fee
remittances and offsets from Quarter 1 (Q1) and Quarter 2 (Q2) of 2020 will be added as soon
3|Pageas they are available. The final amounts will be updated and released after CPED has received
all remittances and approved the requests for offsets by TNCs. More information on TNC offset
requests can be found here.
Table 1. Estimates of Available Access Fund Balances Per Geographic Area / County
COUNTY
AVAILABLE FUNDS COUNTY AVAILABLE FUNDS
ALAMEDA $880,000 - $885,000 ORANGE $1,005,000 - $1,010,000
ALPINE $0 - $50 PLACER $40,000 - $45,000
AMADOR $50 - $100 PLUMAS $100 - $500
BUTTE $20,000 - $25,000 RIVERSIDE $225,000 - $230,000
CALAVERAS $0 - $50 SACRAMENTO $370,000 - $375,000
COLUSA $0 - $50 SAN BENITO $500 - $1,000
CONTRA COSTA $240,000 - $245,000 SAN BERNADINO $205,000 - $210,000
DEL NORTE $0 - $50 SAN DIEGO $1,360,000 - $1,365,000
EL DORADO $10,000 - $15,000 SAN FRANCISCO $2,325,000 - $2,330,000
FRESNO $90,000 - $95,000 SAN JOAQUIN $50,000 - $55,000
GLENN $0 - $50 SAN LUIS OBISPO $35,000 - $40,000
HUMBOLDT $5,000 - $10,000 SAN MATEO $615,000 - $620,000
IMPERIAL $2,000 - $4,000 SANTA BARBARA $95,000 - $100,000
INYO $0 - $50 SANTA CLARA $850,000 - $855,000
KERN $75,000 - $80,000 SANTA CRUZ $40,000 - $45,000
KINGS $1,000 - $2,000 SHASTA $10,000 - $15,000
LAKE $0 - $50 SIERRA $0 - $50
LASSEN $0 - $50 SISKIYOU $0 - $50
LOS ANGELES $6,190,000 - $6,195,000 SOLANO $35,000 - $40,000
MADERA $500 - $1,000 SONOMA $60,000 - $65,000
MARIN $55,000 - $60,000 STANISLAUS $35,000 - $40,000
MARIPOSA $50 - $100 SUTTER $2,000 - $4,000
MENDOCINO $50 - $100 TEHAMA $50 - $100
MERCED $5,000 - $10,000 TRINITY $0 - $50
MODOC $0 - $0 TULARE $10,000 - $15,000
MONO $100 - $500 TUOLUMNE $100 - $500
MONTEREY $45,000 - $50,000 VENTURA $80,000 - $85,000
NAPA $35,000 - $40,000 YOLO $35,000 - $40,000
NEVADA $1,000 - $2,000 YUBA $1,000 - $2,000
4|PageApplication Schedule
Phase I – AFA Acceptance by June 22, 2020 and CPED selection by July 1, 2020: Interested
entities shall notify Commission staff via email (TNCAccess@cpuc.ca.gov) about whether they
wish to become an AFA and continue to the next phase of the process on or before June 22,
2020, 5:00 PM Pacific Standard Time. CPED will make the announcement of AFAs selected by
July 1, 2020.
Phase II – Required Information are due on July 30, 2020: Selected AFAs are required annually
to provide information such as plans, signed forms and supporting documents on or before July
30, 5:00 PM Pacific Standard Time to be considered. Any deadline that falls on a weekend will
be extended to the following business day.
Phase III – Approval and Disbursement by November 30, 2020: AFA selection and funding
amounts will be approved in final by the Commission via Resolution. After the Commission
Resolution is approved, the approved funding amounts will be made available to the AFAs.
Phase IV – Quarterly Reporting Requirements from AFAs by February 15, May 15, August 15,
November 15: AFAs to submit on a quarterly basis progress of selected access providers, any
challenges encountered, as well as the amounts of funds distributed.
The table below shows an estimate timeline of how long the process could take from selection
to disbursement of funds:
Selection and Acceptance of AFA Role 2 weeks
Submission of Required Information +4 weeks
Review of required information +6 weeks
Preparation and Approval of Resolution +6 weeks
Fund Disbursement +4 weeks
TOTAL OVERALL PROCESS 22 weeks
PHASE I – AFA SELECTION AND ACCEPTANCE
Eligible Applicants and Selection
Decision D.20-03-007 limits the entities that may serve as AFAs to the following: Metropolitan
Planning Organizations (MPO), Regional Transportation Planning Agencies (RTPA), and County
Transportation Commissions (CTC) that are not an MPO or RTPA. Currently, there are 17 MPOs
and 21 RTPAs, as shown in Table 2 below, covering California’s 58 counties. The RTPAs and
5|PageMPOs (except AMBAG, 7 MTC, 8 SACOG, 9 and SCAG 10) are all single-county entities. Moreover,
with the exception of El Dorado and Placer counties, no county spans more than one MPO or
RTPA. 11
Since each geographic area may only be served by a single unique MPO or RTPA, only one AFA
may be selected to administer the Access Fund in a geographic area. Therefore, each of the
transportation planning entities listed below is “conditionally selected” as an AFA contingent
upon actual agreement to accept and fulfill the requirements established by the Commission
for AFAs.
Table 2. Entities Conditionally Selected as AFAs
Entity Name Entity Type Geographic Areas Covered
Association of Monterey Bay Area MPO Monterey, San Benito, Santa Cruz
Governments (AMBAG)
Butte County Association of Governments MPO, RTPA Butte
(BCAG)
Fresno Council of Governments (FresnoCOG) MPO, RTPA Fresno
Kern Council of Governments (KCOG) MPO, RTPA Kern
Kings County Association of Governments MPO, RTPA Kings
(KCAG)
Madera County Transportation Commission MPO, RTPA Madera
(Madera CTC)
Merced County Association of Governments MPO, RTPA Merced
(MCAG)
Metropolitan Transportation Commission MPO, RTPA Alameda, Contra Costa, Marin,
(MTC) Napa, San Francisco, San Mateo,
Santa Clara, Solano, Sonoma
Sacramento Area Council of Governments MPO, RTPA El Dorado, Placer, Sacramento,
(SACOG) Sutter, Yolo, Yuba
San Diego Association of Governments MPO, RTPA San Diego
(SANDAG)
7
AMBAG (Association of Monterey Bay Area Governments) consists of 3 counties: Monterey, San Benito and Santa
Cruz.
8
MTC (Metropolitan Transportation Commission) consists of 9 counties: Alameda, Contra Costa, Marin, Napa, San
Francisco, San Mateo, Santa Clara, Solano and Sonoma.
9
SACOG (Sacramento Area Council of Governments) consists of 6 counties: El Dorado, Placer, Sacramento, Sutter,
Yolo and Yuba.
10
SCAG (Southern California Association of Governments) consists of 6 counties: Imperial, Los Angeles, Orange,
Riverside, San Bernardino and Ventura.
11
The only exceptions are El Dorado and Placer Counties. Most of these two areas are under the jurisdiction of the
Sacramento Area Council of Governments while small portions are under the Tahoe Metropolitan Planning
Organization (TMPO) of Nevada.
6|PageSan Joaquin Council of Governments (SJCOG) MPO, RTPA San Joaquin
San Luis Obispo Council of Governments MPO, RTPA San Luis Obispo
(SLOCOG)
Santa Barbara County Association of MPO, RTPA Santa Barbara
Governments (SBCAG)
Shasta County Regional Transportation MPO, RTPA Shasta
Planning Agency (SCRTPA)
Southern California Association of MPO, RTPA Imperial, Los Angeles, Orange,
Governments (SCAG) Riverside, San Bernardino, Ventura
Stanislaus Council of Governments (StanCOG) MPO, RTPA Stanislaus
Tulare County Association of Governments MPO, RTPA Tulare
(TCAG)
Calaveras County COG RTPA Calaveras
Humboldt County AOG RTPA Humboldt
Lake County Area Planning Council RTPA Lake
Mendocino COG RTPA Mendocino
Tuolumne County Transportation Council RTPA Tuolumne
Del Norte LTC RTPA Del Norte
Modoc CTC RTPA Modoc
Siskiyou County LTC RTPA Siskiyou
Tehama County LTC RTPA Tehama
Trinity County LTC RTPA Trinity
Nevada CTC RTPA Nevada
Inyo County LTC RTPA Inyo
Mono LTC RTPA Mono
Alpine LTC RTPA Alpine
Amador CTC RTPA Amador
Mariposa LTC RTPA Mariposa
Sierra LTC RTPA Sierra
Plumas CTC RTPA Plumas
Colusa CTC RTPA Colusa
Lassen CTC RTPA Lassen
Glenn CTC RTPA Glenn
Role and Responsibilities of an AFA
As discussed above, the primary role of an AFA is to administer the Access for All program in
the geographic area(s) within its jurisdiction. Specifically, Decision D.20-03-007 tasks AFAs to
develop local WAV programs and to distribute Access Fund moneys to access providers in
accordance with criteria adopted by the Commission. To serve as an AFA, the applicant must
agree to accept the following responsibilities prior to proceeding to Phase II of the AFA
application process:
7|Page1. Establish a submission process for the access provider application
2. Select access providers to receive Access Fund moneys based on criteria adopted by the
Commission
3. Distribute Access Fund moneys to selected access providers
4. Submit a consolidated Quarterly Report to the Commission based on the Quarterly
Reports submitted by access providers
5. Submit on a quarterly basis the amount of Access funds requested by and distributed to
access providers in a quarter and a brief description of the progress made by selected
access providers and any compliance or other challenges encountered
6. Submit an annual certification that access fund moneys will be expended and
distributed in accordance with the requirements established by the CPUC
Intent to Serve as an AFA
All conditionally selected entities are encouraged to review these guidelines and determine if
serving as an AFA is suitable. Interested entities shall have until June 22, 2020 to notify
Commission staff via email (TNCAccess@cpuc.ca.gov) about whether they wish to become an
AFA and continue to the next phase of the process. By July 1, 2020, Commission staff will notify
AFAs of their selection and of the next steps in Phase II of the application process.
In Phase II, entities that confirmed their intent to serve as an AFA must submit a program
administration plan describing how they will fulfill the responsibilities identified above. The
disbursement of funds by the Commission in Phase III is conditioned on these plans and on the
AFA’s satisfactory fulfillment of other requirements set forth by the Commission.
PHASE II – PROGRAM ADMINISTRATION PLAN REVIEW
After agreeing to accept the responsibilities set by the Commission, the AFA advances to Phase
II of the application process where it must submit a plan describing how it will administer its
WAV program locally in accordance with the criteria set by the Commission. The plan must
describe the process of selecting eligible access providers.
The plan must also describe the processes for Access Fund disbursement, data reporting, and
compliance. Finally, the AFA shall also submit an annual projection of its administrative costs
that identifies the expenditures that could be incurred from the general management,
oversight, and coordination of the program.
Required Information
The purpose of evaluating the program administration plans is to ensure that each AFA
develops a program that satisfies the conditions set by the Commission. These plans serve as
the basis for proposing to the Commission to disburse moneys from the Access Fund to each
AFA. Therefore, as part of the application process, AFAs must submit the following information
on how they would meet their responsibilities as program administrators identified in Phase I:
8|Page1. Programmatic Plan – This plan should provide a detailed narrative of the following
processes:
a. Selection of access providers – This should describe the application procedure
for access providers and how applications will be evaluated based on the
following criteria adopted by the Commission: 12
• how the program or partnership would improve response times for WAV
service compared to the previous year
• the presence and availability of WAVs within the geographic area
• efforts undertaken to publicize and promote available WAV services to
disability communities
b. Disbursement of funds to eligible access providers – This should describe how
the AFA will disburse moneys, based on established accounting practices, to
ensure funds are used in accordance to the conditions and restrictions adopted
under the program. 85% of allocated funds must be reserved for distribution to
access providers within its jurisdiction in accordance with the guidelines set by
the Commission. Some of the disbursement elements to consider are:
• Funding agreement or contract
• Proof of expenditures such as contracts, payroll reports, purchase orders,
and invoices
• Systematic tracking of funds after disbursements
c. Data reporting and compliance
• Follow-ups with the access providers to ensure they meet program goals
• Data collection (describe the method for collecting data from Access
Providers as required in CPUC D.20-03-007)
2. Budget Plan
a. Only 15% of the allocated funds may be used for costs of administering the
program. Identify all elements of the administrative costs that will be incurred
including:
• Staffing (e.g. administrative support)
• Contracted services (e.g. accounting, data collection)
• Office supplies
• Other related costs
Forms and supporting documents
AFAs shall submit the following documents in Phase II:
1. Application form (Applicant information, Geographic area coverage,
Programmatic and budget plans)
12
For more details, please see Section 6.5 (Evaluation Criteria for Access Providers) in Decision D.20-03-007.
9|Page2. Annual certification that Access Fund moneys will be distributed in accordance
with the CPUC’s requirements under CPUC Decision D.20-03-007
3. STD 204 (Payee Data Form to set up disbursements) can be downloaded here:
https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf
In Phase III, AFAs shall complete Funding Agreement, which contain the terms and conditions of
for administering the TNC Access For All Program.
Submission
Selected AFAs should submit all the required information along with all signed forms and
supporting documents electronically to TNCAccess@cpuc.ca.gov.
Review
Commission staff will review the program administration plans, containing the required
information enumerated under Phase II, for consistency with the goals of SB 1376 and the
program objectives set forth by Commission Decision 20-03-007. Plans that satisfy the program
requirements will be proposed to the Commission for approval in Phase III. For plans that do
not adequately satisfy the criteria, Commission staff will work with the respective AFAs to
address issues in their plans.
PHASE III – COMMISSION APPROVAL AND DISBURSEMENT
After Commission staff determines the required information submitted by the AFA is complete
and consistent with the goals and objectives of this program, the application process continues
to Phase III—approval and disbursement of funds. This phase is a two-step process requiring a
Commission Resolution and a Funding Agreement before disbursements can be made.
Approval
Commission staff will prepare a Resolution to the Commission seeking approval of the selected
AFAs and corresponding annual funding amounts. The funding amount per AFA will be broken
down into the following allocation: 85% to fund Access Providers and 15% to cover
administrative costs incurred for administering the program.
Once the resolution is approved, Commission staff will notify AFAs of approval by email. The
funding will be ready for transfer to the AFAs only after they comply with the disbursement
requirement detailed below.
Disbursement
Before the approved funds can be disbursed, a Funding Agreement must be executed between
the Commission and the AFA. This agreement will set forth the terms and conditions of the
funding including:
1. The funding amount and the durations
2. A description of how the funds will be used
10 | P a g e3. A description of the allocation of funding (85% to Access Providers, 15% to AFA’s
administrative costs)
4. Provision that the AFA shall comply with the requirements under SB 1376 and
Commission Decision 20-03-007
5. AFA shall cooperate in inspections and audits
6. Notification that subject to the availability of funds, the grant may be reduced
7. Resolution of the CPUC authorizing the Grant
8. Resolution of the AFA’s governing board accepting the Grant and delegating
authority to an officer to act on its behalf
9. Provision requiring the AFA to return unused funds to the CPUC
10. Provision requiring the AFA to provide Commission staff with updated information
on the disbursement of funds to Access Providers (e.g. total amount per Access
Provider and the costs the funds were used) 6 months after the AFA received the
funding and at the end of the funding year
11. Provision requiring the AFA to fulfill the reporting requirements under D.20.03.007
12. Provision requiring the AFA to maintain records to identify the sources of all
administrative costs incurred in administering the program
13. Other terms and conditions that may be required by the CPUC related to the grant
Once the Funding Agreement has been executed between the Commission and the AFA,
Commission staff will initiate the disbursement process within the CPUC’s Fiscal Office. Note
that the State Controller’s Office, not the CPUC, will disburse payment to the AFAs in the form
of a check.
PHASE IV – REPORTING REQUIREMENTS
An AFA must submit to CPED the following reporting requirements under Decision D.20-03-007.
The purpose of these reports is to ensure that progress is made toward the goals and objectives
of the program.
Consolidated Quarterly Reports from Access Providers
These consolidated reports are due 45 days after the end of each quarter (May 15, August 15,
November 15, February 15). The consolidated quarterly reports shall be submitted for each
geographic area in which an access provider received Access Fund moneys. If an access provider
cannot submit some of the information below for any reason, the access provider needs to
explain to the AFA where it cannot provide or does not possess the requested information.
1. Number of WAVs in operation – by quarter and aggregated by hour of the day
and day of the week. “In operation” is defined when a WAV: (a) is available to
receive a trip requires, (b) has accepted a trip request until the passenger exits
the vehicle or until the trip request is no longer accepted.
11 | P a g e2. Number and percentage of WAV trips completed, not accepted, cancelled by
passenger, cancelled due to passenger no-show, and cancelled by driver – by
quarter and aggregated by hour of the day and day of the week
3. Completed WAV trip request response times in deciles, as well as Period A and B,
by quarter (“response time” is the elapsed time between when a trip is
requested and the passenger is picked-up.)
4. Evidence of outreach to publicize and promote available WAV services to
disability communities, how the partnership promoted WAV services, and
marketing or promotional materials of those activities
5. Certification that an access provider’s WAV drivers have completed WAV driver
training within the past three years
6. Report of WAV driver training programs used and number of WAV drivers that
completed the training in that quarter
7. Certify that all WAVs operating on its platform have been inspected and
approved to conform with the ADA accessibility specifications for transportation
vehicles within the past year
8. Number of complaints receive related to WAV driver or WAV services,
categorized as follows: securement issues, driving training, vehicle safety and
comfort, Service animal issue, stranded passenger, and others.
Amount of Access Funds
The amount of Access Funds requested by and distributed to access providers shall be reported
on a quarterly basis, which are due 45 days after the end of each quarter (May 15, August 15,
November 15, February 15).
Progress of Access Providers
A brief description of the progress made by selected access providers, including any compliance
or other challenges encountered shall be reported on a quarterly basis, due 45 days after the
end of each quarter (May 15, August 15, November 15, February 15).
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