N.Y. Comp. Codes R. & Regs. tit. 17 § 980.13

Current through Register Vol. 46, No. 50, December 11, 2024

Section 980.13 - Relationships to other programs that fund rural transportation

(a) Human Service Programs. State or county agencies administering or overseeing federal or State programs which are being, or can be, used in part to pay for the transport of agency program clientele should adopt new or revised program policies or procedures which re-direct portions of such programs' funds and other transportation resources to a rural county's coordinated public transportation service. Agencies should take other policy or administrative actions that would facilitate or provide incentives to their local agency counterparts to participate in a rural county's coordination program funded by this Part.

(b) Section 16(b)(2)Program.

(1) When included and operated as an integral part of a coordinated public transportation service plan approved by the Department and adopted pursuant to this Part, and consistent with the Urban Mass Transportation Act of 1964, as amended, vehicles obtained through Section 16(b)(2) of said Federal Urban Mass Transportation Act, are eligible to carry persons other than the elderly and disabled on a regular basis, provided that the transportation needs of elderly and/or disabled persons described in the recipient's original Section 16(b)(2) grant application, and those of other elderly and disabled persons in the rural county, are met by the adopted coordinated public transportation service.

(2) In rural counties which have adopted a coordinated public transportation service plan in accordance with this Part, and such plan has been approved by the Department, the Department shall give priority in awarding current or future grants for vehicles to be funded through the 16 (b) (2) Program to applications for transportation services which are formally included in a county's coordinated public transportation service and are operated, or subcontracted and managed by, the county's designated coordinated service operator. In any cases where 16(b)(2) grant vehicles are to be used for client- specific portions of a coordinated public transportation service, such portions of service must, at a minimum, be advertised and operated as open to the general public on a seat-available basis and such vehicles must at all other times be made available without condition to the county's coordinated service operator for its operation for other purposes.

(3) In rural counties which have an adopted coordinated public transportation service in accordance with this Part, priority in granting vehicles through the Section 16(b)(2) program shall be given by the Department for transportation services which, at a minimum, are operated as open to the general population of elderly and/or disabled persons on a regular and continuing, equal opportunity basis and which do not give priority to any one agency's clientele.

(4) Organizations applying for and receiving 16(b)(2) grant vehicles for services within a rural county are required to participate in that county's planning and implementation process leading to the development of a coordinated public transportation service. In addition, should a 16(b)(2) recipient's client service area be wholly or partly contained within a rural county and should the government of that county adopt and implement a coordinated public transportation service plan which is approved by the Department, then the 16(b)(2) recipient shall, when requested by the Department, lease or otherwise make available to the county's coordinated service operator any 16(b)(2) grant equipment it applied for or received following the commencement of the county's coordinated service planning process, in accordance with its Section 16(b)(2) grant agreement.

(c) New York State Mass Transportation Operating Assistance (NYSTOA). Those portions of a county's coordinated public transportation service which meet the eligibility and other requirements of the State mass transportation operating assistance program shall be eligible for assistance through that program, in accordance with 17 NYCRR Part 975 and related Department guidelines. If a private operator subject to maximum operating assistance guidelines under NYSTOA receives operating assistance through this Part, then both sources of operating assistance will be considered in establishing the maximum operating assistance under the NYSTOA program.

(d) Federal Mass Transportation Operating and Capital Assistance (Sections 18 and 9). Those portions of a county's coordinated public transportation service which are eligible for and receive New York State mass transportation operating assistance and which meet the eligibility and other requirements of the UMTA Section 18 or Section 9 programs shall be eligible for assistance through those programs, in accordance with UMTA Circulars and/or Department guidelines, up to the eligibility limits of such assistance prescribed therein and contingent upon the amount of such Federal funds made available to the county by the Department or the Urban Mass Transportation Administration.

(e) Should a county's coordinated public transportation service receive operating assistance through this Part and also receive public transportation operating assistance through the NYSTOA and/or Federal Section 18 or 9 programs, then the total of assistance in any fiscal year from all sources plus any local share required for such sources shall not exceed the total eligible operating expenses, minus operating income and any applicable allowance for profit.

(f) Federal Rural Transit Assistance Program (RTAP). A rural county's designated coordinated service operator and any of its subcontractors shall be eligible to receive technical assistance and training through the Department's Rural Transit Assistance Program.

(g) Failure to comply with any of the regulations of the Department shall result in a suspension of payments of funds under this Part.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 980.13