N.Y. Transportation Law 73-G – Financial assistance for creation of coordinated rural public transportation services
§ 73-g. Financial assistance for creation of coordinated rural public transportation services. 1. The commissioner may approve grants to any rural county having no coordinated public transportation service, for the purpose of developing such a service, and such approval shall reflect on ongoing funding commitment to the extent necessary to develop and implement a county plan. Such grants shall be awarded in amounts up to a maximum of forty-five thousand dollars for up to three successive years, subject to the amounts of an annual appropriation to be included in the state budget, and shall be utilized by such county solely to pay for its eligible costs incurred in the development and implementation of coordinated public transportation service plan for said county. No grant shall be approved for a rural county until the commissioner has certified to the director of the division of the budget that said county will appropriate for the purpose of planning and implementation of such coordinated public transportation service plan, county funds equivalent to at least ten percent of the grant to be awarded the first year, twenty percent of the grant awarded the second year, and thirty percent of the grant to be awarded the third year.
Terms Used In N.Y. Transportation Law 73-G
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Commissioner: shall mean the commissioner of transportation. See N.Y. Transportation Law 73-C
- Coordinated public transportation service: shall mean a coordinated transportation service which is predominately a public transportation service as defined in this article. See N.Y. Transportation Law 73-C
- Department: shall mean the state department of transportation. See N.Y. Transportation Law 73-C
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Oversight: Committee review of the activities of a Federal agency or program.
- Public transportation service: shall mean a passenger transportation service which, during its hours of operation, is available on an equal opportunity basis to any person, without preference for service availability, eligiblity or design being given to any person or population sub-group because of age, gender, race, national origin, creed or agency client status, and which is regularly advertised and marketed as available to the general public. See N.Y. Transportation Law 73-C
- Services coordinator: shall mean the person, authority, agency or corporation designated by resolution of a rural county's governing body to undertake or oversee preparation and implementation of the rural county's public transportation service plan in accordance with this article. See N.Y. Transportation Law 73-C
2. Each grant shall be considered by the commissioner upon application by a county, signed by the chief executive officer of the county, if any, or the chairperson of the county legislative body, including but not limited to, the general intent and purpose of the project; a general statement of the expected benefits to derive therefrom; and an organizational statement, designating the person responsible for managing the grant, and the manner by which the county will maintain oversight of the expenditure of grant funds. Such application shall also state that the county will appropriate an amount equivalent to at least ten percent of the grant to be awarded the first year, twenty percent of the grant awarded the second year, and thirty percent of the grant to be awarded the third year.
3. Upon notification by the commissioner of the approval of an application for funding under this section, the services coordinator shall prepare a countywide coordinated public transportation service plan in accordance with guidelines issued by the commissioner. No such funds shall be used for purchase of capital equipment. In the event a plan is completed and approved within one year and funds awarded to a rural county for this purpose are not fully expended, the remaining unexpended funds may be utilized to implement such plan.
a. The commissioner shall by rule issue program guidelines for preparing a countywide coordinated public transportation service plan. Such guidelines may address, but not be limited to, the following elements of the plan:
(1) provision for consultation with existing transportation providers and purchasers, the county executive, if any, the county legislature, the general public and any other persons interested in the plan;
(2) a description of the geographic area to be served;
(3) a description of existing transportation services, facilities, equipment, and usage;
(4) a description of the nature and levels of existing funding sources;
(5) a description of any new funding sources that are proposed to be included in the coordinated public transportation service program;
(6) provision for the retention of existing levels of human service agency funding for transportation services;
(7) provision for the inclusion of federal and state public transportation operating assistance;
(8) provision for continuation of existing levels of service to agency clients and the general public currently receiving service;
(9) specific provision of new services for persons in need of transportation who are not currently served or sponsored by a human service agency or program;
(10) provision for the increased utilization of vehicles which currently provide transportation services;
(11) procedures for the regular advertising and marketing of the coordinated public transportation service indicating that such service is open to the general public, and publication of methods by which the general public can access and utilize available coordinated public transportation service;
(12) performance, productivity and other measures that shall be used to measure accomplishment of coordinated public transportation service;
(13) uniform definitions related to record-keeping in order to maintain consistency among counties;
(14) provision for equitable sharing of total coordinated public transportation service operating costs among participating providers, agencies, and program sources;
(15) provision for a centralized accounting service that provides primary documentation for all revenues and expenses associated with administering and coordinating rural public transportation service in the county;
(16) investment of one person or office with responsibility for managing the assets, operations and funding of coordinated rural public transportation service in the county;
(17) descriptions of how the coordinated service system will maintain its policies, routes, schedules, fare structures and budget in a manner that encourages public review, responsiveness to user concerns, energy conservation and fiscal solvency;
(18) a pre-established basis for determining success using a specified means of performance measurement; a detailed budget of the resources available and the assistance necessary for implementation;
(19) a demonstration of the potential for enhancement of services to be derived from a coordinated public transportation service program, and the manner in which the program will promote more economical, comprehensive or efficient service to the general public and transportation disadvantaged populations;
(20) a description of the manner in which the elements of the coordinated public transportation service program are to be consolidated into a single management unit and the extent to which that unit will coordinate with any remaining non-public transportation services;
(21) a description of the manner in which the subsequent two-year grants are to be utilized in the implementation of the plan, including an itemized preliminary budget as described in section seventy-three-j of this article.
b. The services coordinator shall submit to the county legislature a draft coordinated public transportation service plan in accordance with program guidelines promulgated by the commissioner.
c. The county legislature shall, upon the giving of at least ten days notice, hold a public hearing on the draft plan after which, it may make such modifications as it deems appropriate.
d. As a condition of the submittal of the plan to the department, the county legislature shall adopt the plan, which it shall then submit to the commissioner. After approval by the commissioner of the plan, the county legislature may make such organizational changes as may be necessary for implementation of the plan.
5. A second year grant may be authorized by the commissioner upon acceptance of the plan, completed in accordance with paragraph a of subdivision three of this section, and upon the appropriation by the county of an amount equivalent to at least twenty percent of such grant. The second year grant shall be utilized for implementation of the plan, including management expenses, and the cost of expanded operational services as well as for the purchase of equipment, other than vehicles, which will enhance delivery of a coordinated public transportation service.
6. A third year grant may be authorized by the commissioner upon the appropriation by the county of an amount equivalent to at least thirty percent of the grant. The third year grant may be utilized for any eligible costs necessary for the development and implementation of a coordinated public transportation service other than operating expenses of services that were performed prior to the implementation of a coordinated public transportation service; vehicles, other than those being purchased through other programs, may be purchased with a third-year grant.
7. Any rural county or public transportation authority providing transportation services in a rural county which has already established and operates a countywide public transportation system, but does not offer a coordinated public transportation service as defined in this article, shall be eligible for not more than two years of financial aid, subject to annual appropriation in the state budget, for the purpose of developing and implementing a more fully coordinated public transportation service.
8. Any rural county which has previously initiated and is currently undertaking activities leading to the development of a coordinated public transportation services plan utilizing federal funds administered by, and pursuant to guidelines issued by the commissioner, shall be eligible to receive a total of federal and state financial assistance up to the limit prescribed herein.