| (A) The need based allocation is 65 percent giving
consideration to population weighted at 75 percent and on land area
weighted at 25 percent by using the latest census data available from,
and as defined by, the U.S. Census Bureau for each rural area relative
to the sum of all rural areas.
(B) The performance based allocation is 35 percent.
The subrecipient is eligible for funding under this subparagraph if
it is in good standing with the department and has no deficiencies
and no findings of noncompliance. The commission will award the funding
by giving equal consideration to local funds per operating expense,
ridership per vehicle revenue mile, and vehicle revenue miles per
operating expense. These criteria may be calculated using the subrecipient's
annual audit for the previously completed fiscal year, data from other
sources, or from the department's records.
(C) Funding stability.
(i) Subject to the available apportionment, no award
to a transit district under this paragraph will be less than 90 percent
of the award to that transit district for the previous fiscal year.
All allocations under subparagraphs (A) and (B) of this paragraph
are subject to revision to comply with this standard.
(ii) If a rural transit district experiences a negative
impact in its performance factor calculations due to the acquisition
or loss of service area, a natural disaster, such as wind, fire, or
flood, or unforeseen anomaly, the department may mitigate that impact
with an alternate calculation addressing the specific situation. This
calculation may be repeated in subsequent years at the discretion
of the department.
(3) Discretionary allocation. If the amount of the
§5311 federal apportionments exceeds the maximum amount that
may be allocated under paragraph (2) of this subsection, a part of
that excess, not to exceed 10 percent of the amount computed by subtracting,
from the annual §5311 federal apportionment, the funds for state
administrative expenses under subsection (e)(1) of this section and
funds allocated for intercity bus transportation under paragraph (1)
of this subsection, will be available to the commission for award
at any time during the fiscal year on a pro rata basis, competitively,
a combination of both pro rata and competitive, or as a one-time award
to address changes in transit district boundaries. Consideration for
the award of these additional funds may include, but is not limited
to, coordination and technical support activities, compensation for
unforeseen funding anomalies, assistance with eliminating waste and
ensuring efficiency, maximum coverage in the provision of public transportation
services, adjustment for reductions in purchasing power, furtherance
of the department's goals, and reductions in air pollution. An award
under this subparagraph will not be considered for the purpose of
applying the funding stability allocation process under paragraph
(2)(C) of this subsection in succeeding fiscal years.
(4) Total vehicle mile allocation. Any amount of the
annual §5311 federal apportionment that is not otherwise allocated
under this subsection will be allocated to rural areas, with the amount
allocated to a rural area based on the proportion of total vehicle
miles for that rural area to the total of total vehicle miles for
all rural areas.
(5) Adjustments to allocation.
(A) If part of a transit district's service area is
changed due to declaration by the United States Census Bureau or the
service area is otherwise altered, the department and that subrecipient
shall negotiate an appropriate adjustment in the funding year or any
subsequent year, as appropriate. This negotiated adjustment is not
subject to the minimum and maximum standards set forth in paragraph
(2)(C) of this subsection.
(B) If a previously designated urbanized area is declared
rural by the United States Census Bureau, a public transportation
subrecipient serving that area must apply for funds in accordance
with paragraph (6) of this subsection.
(6) Application and contract. Prior to receiving funds
a subrecipient must complete and comply with all application requirements,
rules, and regulations applicable to the §5311 program. A completed
application must be submitted, in a form prescribed by the department,
and document the need and demand for general public passenger transportation
services. A contract shall be for no less than 12 months unless authorized
by the department.
(h) Program of projects. All projects for a fiscal
year will be identified in accordance with the allocation rules included
in subsection (g) of this section. After commission approval of the
allocation, these projects will be submitted to the FTA as the annual
program of projects for the fiscal year.
(i) Intercity bus. For funding from allocations made
under subsection (g)(1) of this section, an annual request for proposals
will be issued for projects complying with FTA definitions of intercity
bus transportation. To ensure a balanced investment in access and
connectivity to intercity bus travel, the department may establish
investment targets among eligible applicant groups or project types
prior to solicitation of project proposals.
|Source Note: The provisions of this §31.36 adopted to be effective September 21, 1989, 14 TexReg 4601; amended to be effective July 20, 1992, 17 TexReg 4891; amended to be effective September 23, 1993, 18 TexReg 6109; amended to be effective January 13, 1994, 19 TexReg 90; amended to be effective August 11, 1994, 19 TexReg 5876; amended to be effective March 22, 1996, 21 TexReg 2096; amended to be effective December 11, 1997, 22 TexReg 12092; amended to be effective February 15, 2001, 26 TexReg 1365; amended to be effective April 17, 2003, 28 TexReg 3080; amended to be effective September 1, 2004, 29 TexReg 6734; amended to be effective June 20, 2005, 30 TexReg3606;amended to be effective July 20, 2006, 31 TexReg 5675; amended to be effective February 21, 2008, 33 TexReg 1380; amended to be effective October 21, 2010, 35 TexReg 9372; amended to be effective November 21, 2013, 38 TexReg 8253; amended to be effective December 6, 2017, 42 TexReg 6815