| (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));
(F) in-kind contributions, volunteer services, and
donations attributable to the project if the value is documented and
previously approved by the department; or
(G) transportation development credits, with prior
department approval.
(2) Funds from any other U.S.DOT program are not eligible
for use as local matching funds.
(g) Funding distribution. After the state administrative
expenses described in subsection (e)(1) of this section are set aside,
funds will be allocated on a formula basis as provided by this subsection.
(1) For urbanized areas with a population less than
200,000, 25 percent of the available funds will be allocated equally,
using department district boundaries of the districts that include
such an area. To allocate the remaining 75 percent, the department
will:
(A) calculate the population of seniors and individuals
with disabilities in each of those urbanized areas using the latest
census figures available from the United States Census Bureau; and
(B) divide each urbanized area's population of seniors
and individuals with disabilities, as determined under subparagraph
(A) of this paragraph, by the state's total population for urbanized
areas with less than 200,000 population to determine that urbanized
area's formula allocation.
(2) For rural areas, 25 percent of the available funds
will be allocated equally, using department district boundaries of
the districts that include such an area. To allocate the remaining
75 percent, the department will:
(A) calculate the population of seniors and individuals
with disabilities in each department district using the latest census
figures for counties available from the United States Census Bureau;
and
(B) divide each department district's subtotal of the
population of seniors and individuals with disabilities, as determined
under subparagraph (A) of this paragraph, by the state total of that
population in rural areas to determine the district's formula allocation.
(3) For urbanized areas with 200,000 population or
more for which the department is the designated recipient, funds will
be allocated to the respective urbanized area based on the federal
apportionment as published in the Federal Register.
(4) Residual funds.
(A) Urbanized areas with populations of less than 200,000
and rural areas. On completion of the project selection procedures
described in subsection (i) of this section, if any portion of the
allocation described in paragraph (1) or (2) of this subsection is
not needed, the commission or the executive director may distribute
the balances, as appropriate, to satisfy unmet needs in other areas
of the state. This action may require the department to transfer funds,
at the state level, between urbanized and rural areas to fully obligate
the state's apportionment.
(B) Urbanized areas with populations of 200,000 or
more. On completion of the project selection procedures described
in subsection (i) of this section, any unallocated funds for urbanized
areas with populations of 200,000 or more will remain in that urbanized
area until allocated at a future date.
(h) Application requirements. A prospective applicant
must submit an application for §5310 grant funds at the time
specified by the department. The application must document the need
and demand for passenger transportation services for seniors and individuals
with disabilities, and also must document inclusion of the project
in the coordinated public transit-human service transportation plan.
(i) Project selection. To select projects, the department
will consult with all local parties, including metropolitan planning
organizations, and follow the procedures set out in this subsection.
(1) The department will establish public outreach processes
involving local stakeholders. In an effort to streamline decision-making
processes and maximize coordination opportunities, the department
may choose to combine contiguous department district boundaries for
stakeholder engagement, project selection, and public outreach. The
stakeholder groups should include representatives of the following
groups, further defined in FTA Circular 9070.1G, or its latest version:
(A) transportation partners;
(B) passengers and advocates;
(C) human service and work force agencies; and
(D) others, such as emergency management agencies.
(2) In recommending projects, the department will consider
the program goals and objectives set forth in subsection (b) of this
section and consider projects that:
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