| (a) Purpose. Title 49 U.S.C. §5310 authorizes
the Secretary of the U.S. DOT to make grants for the provision of
transportation services meeting the special needs of seniors and individuals
with disabilities. The governor has designated the department to administer
the §5310 program.
(b) Goal and objectives. The department's goal in administering
the §5310 program is to promote the availability of cost-effective,
efficient, and coordinated passenger transportation services planned,
designed, and carried out to meet the special needs of seniors and
individuals with disabilities when public transportation is insufficient,
inappropriate, or unavailable, using the most efficient combination
of financial and other resources. To achieve this goal, the department's
objectives are to:
(1) promote the development and maintenance of a network
of transportation services for seniors and individuals with disabilities
throughout the state, in partnership with local stakeholders;
(2) fully integrate the §5310 program with other
federal, state, and local resources and programs that are designed
to serve similar populations;
(3) promote public transportation projects that exceed
the requirements of the Americans with Disabilities Act (ADA);
(4) promote public transportation projects that decrease
the reliance of individuals with disabilities on ADA complementary
paratransit services;
(5) promote and encourage local participation, especially
by seniors and individuals with disabilities or their advocates, in
decision-making;
(6) improve the efficiency, effectiveness, and safety
of §5310 transit systems through the provision of technical assistance;
and
(7) include private sector operators in the overall
plan to provide transportation services for seniors and individuals
with disabilities.
(c) Department role.
(1) The department acts as the designated recipient
for all §5310 funds appropriated to:
(A) a rural area;
(B) an urbanized area with less than 200,000 population;
and
(C) an urbanized area with a population of 200,000
or more, on request of the metropolitan planning organization of the
urbanized area and concurrence by the commission.
(2) The department recognizes the subrecipients as
partners who shall retain control of daily operations. As the administering
agency, the department will:
(A) develop application materials and disseminate information
to prospective applicants and other interested parties;
(B) develop evaluation criteria and select projects
for funding, with input from local entities and local individuals,
in accordance with the standards set forth in subsection (i) of this
section;
(C) prepare the state's annual program of projects
and funding application and submit that material to the FTA for approval;
(D) negotiate and execute contracts with local §5310
recipients;
(E) prepare requests for federal reimbursement and
process payment requests from §5310 recipients;
(F) monitor and evaluate the progress of ongoing transportation
operations, including compliance with federal regulations and coordination
of services; and
(G) provide technical assistance to §5310 recipients
to aid them in improving and coordinating transit services.
(3) Failure to expend funds in a timely manner may
cause the department to terminate the grant and re-award the unobligated
balance to another project.
(d) Eligible recipients.
(1) Existing rural transit districts and urban transit
districts serving a population of less than 200,000, local public
entities, private non-profit organizations, state and local government
authorities that coordinate services for seniors and individuals with
disabilities, or private taxi companies that provide shared-ride taxi
service to the public or to special categories of users (such as seniors
or individuals with disabilities) are eligible recipients of funds.
(2) For an area included in a rural or urban transit
district's service area for which the existing transit district is
not willing or able to provide the transportation, the director may
choose a local public entity or a private organization as a recipient
to receive §5310 funds. Private taxi companies that provide shared-ride
taxi service to the public or to special categories of users (such
as seniors or individuals with disabilities) on a regular basis are
also eligible recipients. Any recipient that is not a transit district
shall coordinate §5310 service with the existing transit district
to ensure service is complementary to and not competitive with existing
services.
(3) If the department is the designated recipient for
an urbanized area with 200,000 population or more, a recipient for
that area will be selected from local transportation providers who
are transit authorities or eligible alternate recipients under this
program.
(e) Eligible assistance categories. The following categories
of expenses are eligible for federal reimbursement under the §5310
program.
(1) State administrative expenses. The department may
use up to 10 percent of the annual federal program apportionment to
defray its expenses incurred for the administration of the §5310
program. State administrative expenses do not require a non-federal
match.
(2) Capital expenses.
(A) With department concurrence, eligible items include:
(i) buses;
(ii) vans or other smaller accessible vehicles;
(iii) the acquisition of transportation services under
a contract, lease, or other arrangement;
(iv) mobility management;
(v) curb cuts, sidewalks, pedestrian signals or other
accessible features;
(vi) radios and communication equipment;
(vii) vehicle shelters;
(viii) lifts, ramps, and securement devices;
(ix) vehicle rehabilitation, remanufacture, or overhaul;
(x) computer hardware and software;
(xi) initial component installation costs;
(xii) vehicle procurement, testing, inspection, and
acceptance costs;
(xiii) vehicle extended warranties that do not exceed
industry standards;
(xiv) the lease of equipment, provided that the local
recipient determines a lease is more cost effective than the purchase
of equipment after considering management efficiency, availability
of equipment, staffing capabilities, and guidelines on capital leases
as contained in 49 C.F.R. Part 639;
(xv) transit-related intelligent transportation systems;
(xvi) the introduction of new technology, through innovative
and improved products, into mass transportation; and
(xvii) the acquisition of preventive maintenance services
and vehicle parts associated with preventive maintenance services.
(B) For reimbursement:
(i) federal funds may be used to defray up to 80 percent
of the cost of eligible capital expenditures;
(ii) the federal share may increase to up to 85 percent
of the net project cost for a project that involves acquiring vehicles
for the purpose of complying with the Americans with Disabilities
Act or the Clean Air Act; and
(iii) the federal share may increase to up to 90 percent
for incremental costs related to compliance with the Clean Air Act
in areas of air quality non-attainment or with the Americans with
Disabilities Act.
(3) Operating expenses.
(A) Operating expenses are costs that are directly
tied to systems operations, such as costs for fuel, oil, and replacement
parts, and driver, mechanic, and dispatcher salaries.
(B) Operating expenses may be reimbursed at 50 percent
of net operating expense.
(f) Local share requirements.
(1) Eligible sources to satisfy local share requirements
may be derived from the following:
(A) an undistributed cash surplus, or a replacement
or depreciation cash fund or reserve;
(B) a service agreement with a state or local social
service or workforce agency, or a private social service organization;
(C) amounts appropriated or otherwise made available
to a U.S. department or agency that are eligible to be expended for
transportation;
(D) funds to carry out the federal lands highways program
established by 23 U.S.C. §204;
(E) funds available under §403(a)(5)(C)(vii) of
the Social Security Act (42 U.S.C. §603(a)(5)(C)(vii));
Cont'd... |
