| (D) The director, in any year, may waive the application
of the performance adjustment under this paragraph to a rural transit
district or a group of rural transit districts based on unique conditions
that negatively affect the performance of the district or group, including
natural disaster, pandemic, or another event that specifically affects
the service level of the district or group.
(6) Census Adjustment.
(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, using population and land area factors.
(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 (7) of this subsection.
(7) 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.
(8) Review of Allocation Provisions. Prior to allocating §5311
funds for FY 2028, the department will review the allocations of §5311
funds for the preceding five fiscal years to determine whether paragraphs
(1) - (5) of this subsection need to be adjusted for the fair and
equitable distribution of those funds for FY 2028.
(g) Program of projects. All projects for a fiscal
year will be identified in accordance with the allocation rules included
in subsection (f) 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.
(h) Intercity bus program solicitations. For funding
from allocations made under subsection (f)(2) of this section, 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.
(i) Federal emergency relief funds. If federal emergency
relief funds are apportioned to the department through the §5311
program, the commission will distribute those funds in a manner consistent
with relief funding objectives.
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| 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 TexReg 3606;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; amended to be effective November 16, 2022, 47 TexReg 7562 |
