§ 18-B — Statewide mass transportation operating assistance program

§ 18-b. Statewide mass transportation operating assistance program. 1.\nWithin the amounts made available therefor by appropriation, a statewide\nmass transportation operating assistance program is hereby established\nfor the purpose of making payments toward the operating expenses of\npublic transportation systems. For the purposes of this section, the\nterm public transportation system shall mean any public benefit\ncorportion constituting a transportation authority which provides or\ncontracts for the provision of (under joint support arrangements) mass\ntransportation services, or a subsidiary thereof, or any Indian tribe\nwhich provides or any county or city which provides or contracts for the\nprovision of (pursuant to section one hundred nineteen-r of the general\nmunicipal law) mass transportation services or any person, firm or\ncorporation performing intercity bus passenger service as defined in\nsubdivision three of section fourteen-g of this article serving two or\nmore counties within the state which is under contract with the\ncommissioner pursuant to such section fourteen-g to provide mass\ntransportation services.\n 2. a. The commissioner shall pay to each public transportation system\nthat makes an application therefor, in quarterly installments, a mass\ntransportation operating assistance service payment. For the purposes of\nthis section, the quarters shall be April through June, July through\nSeptember, October through December and January through March.\n b. For the quarter commencing April first, nineteen hundred\nseventy-five the quarterly service payment shall be the amount computed\nby the formula set forth in subsection three of this section.\n 3. The quarterly service payment made to any public transportation\nsystem shall not be greater than a sum computed in one of the following\nmanners:\n (i) In the case of commuter rail, by adding the certified number of\ncommuter rail passengers multiplied by two cents per passenger and the\ncertified number of commuter rail vehicle or car miles multiplied by\ntwenty-five cents per vehicle or car mile.\n (ii) In the case of subway or rapid transit, by adding the certified\nnumber of subway or rapid transit passengers multiplied by two cents per\npassenger and the certified numbers of subway or rapid transit vehicle\nor car miles multiplied by eight cents per vehicle or car mile.\n (iii) In the case of bus lines, by adding the certified number of bus\npassengers multiplied by two cents per passenger and the certified\nnumber of bus miles multiplied by seven cents per bus mile. For the\npurposes of computing quarterly service payments only mileage\naccumulated in revenue service shall be used.\n Whenever it is determined by the commissioner that the amount of money\nappropriated for service payments is less than the total amount of money\nfor which all public transportation systems are eligible, the\ncommissioner may establish on a quarterly or annual basis, a maximum\nservice payment limit which is lower than that provided for in this\nsection.\n (iv) In the case of commuter ferry lines with the authorization for\npayment thereof for the fiscal year nineteen hundred\nseventy-five--nineteen hundred seventy-six to be in the discretion of\nthe commissioner, by adding the certified number of annual ferry\npassengers multiplied by two cents per passenger, times the certified\nnumber of annual nautical ferry miles, times two-one hundred\nthousandths. For the purposes of computing quarterly service payments\nonly mileage accumulated in revenue service shall be used.\n 4. a. All service payments shall be made upon an application of the\npublic transportation system. Such application shall be filed between\nthe second and the seventeenth day of the first month of each quarter.\nUpon application, the chief executive officer of each public\ntransportation system shall certify to the commissioner, the total\nnumber of passengers such system estimates that it will carry and the\ntotal number of vehicle or car miles such system estimates that its\nequipment will travel in revenue service during the quarter for which\nsuch installment is to be paid.\n Upon receipt and approval of such application and certifications the\ncommissioner shall, by the tenth day of the next succeeding month, pay\nto the public transportation operator, the quarterly service payment.\n b. The chief executive officer of each public transportation system\nreceiving a quarterly service payment pursuant to this section shall\ncertify to the commissioner, within fifteen days after the end of the\nquarter for which a service payment was received, the actual total\nnumber of passengers carried by the system during such quarter and the\nactual total vehicle or car miles the system's equipment traveled in\nrevenue service during such quarter, and based upon such actual totals,\nthe commissioner shall make such adjustments as may be appropriate in\nthe amount of the service payment for such system for the succeeding\nquarter.\n 5. a. For each quarter, each county, municipality or Indian tribe\nserved by a public transportation system which receives a service\npayment pursuant to subsection two of this section shall, not later than\nthe twenty-fifth day of the second month of each quarter for which\npayment is made, pay to the public transportation system a sum equal to\nsuch service payment or its share of such service payment, except that\nin the case of a service payment made to a public transportation system\non account of mass transportation services provided to more than one\ncounty (considering the city of New York to be one county), each county\nreceiving such services from such system shall pay to the system a sum\nequal to its share of the service payment, which sum shall be determined\nin accordance with the percentage or dollar amounts established for such\ncounty by the legislature.\n Where such county, municipality or Indian tribe is the public\ntransportation system, sums equal to such service payment shall be\ncommitted to the use of the public transportation system, not later than\nthe twenty-fifty day of the second month of each quarter. Such sums so\ncommitted shall not be used for other than the purposes of operating the\npublic transportation system.\n b. The payment or commitment of such sums by the counties,\nmunicipalities or Indian tribes provided for in paragraph a of this\nsubdivision shall not be made from sums received in payment of fares by\nthe passengers of such public transportation system or from any other\nrevenues of such system.\n c. In the event that a county or municipality shall fail to make to a\npublic transportation system any of the payments required to be made by\nit under this section, the chief executive officer of the public\ntransportation system or such other person as the commissioner shall\ndesignate shall certify to the state comptroller such amount due and\nowing such public transportation system and the state comptroller shall\nwithhold an equivalent amount from state aid allocated to such county or\nmunicipality from highway aid, the motor fuel tax and the motor vehicle\nregistration fee distributed pursuant to section one hundred twelve of\nthe highway law, or per capita local assistance pursuant to section\nfifty-four of the state finance law subject to the following\nlimitations: prior to withholding amounts allocated to carry such county\nor municipality, the comptroller shall pay in full any amount due the\nstate of New York municipal bond bank agency, on account of any such\ncounty or municipality's obligation to such agency; the city university\nconstruction fund, pursuant to the provisions of the city university\nconstruction fund act; the New York city housing development\ncorporation, pursuant to the provisions of the New York city housing\ndevelopment corporation act (article twelve of the private housing\nfinance law); and the transit construction fund, pursuant to the\nprovisions of article five, title nine-a of the public authorities law.\nThe comptroller shall give the director of the budget notification of\nany such payment. Such amount or amounts so withheld by the state\ncomptroller shall be paid to such public transportation system, which\nsystem shall use such amount or amounts for the payment of the county or\nmunicipality share of its operating expenses. When such amount or\namounts are received by such public transportation system, it shall\ncredit such amounts against any amounts due and owing such system by the\ncounty or municipality on whose account such amount was withheld and\npaid.\n d. The commissioner may impose a penalty in an amount not exceeding\ntwenty per centum of any overpayment to a public transportation system\nwhenever such overpayment results from willful failure to comply with\nthe requirements of this section, or the rules and regulations\nauthorized by this section, or whenever a public transportation system,\nor an individual operator that is a part of such system, knowingly files\nan incomplete, incorrect or misstated report. A public transportation\nsystem or individual operator may request and the commissioner shall\nprovide an opportunity to be heard prior to the imposition of any\npenalty as provided for in this section.\n 6. Any federal financial assistance granted for the specific purpose\nof paying the operating expenses of any county, municipality, public\nbenefit corporation or Indian tribe, eligible to receive service\npayments as a public transportation system pursuant to this section,\nreceived by the state or any municipality or Indian tribe after the\neffective date of this section, and made available to any such county,\nmunicipality, public benefit corporation or Indian tribe for application\nin accordance with the terms of the grant, shall be combined with any\nsimilar federal grant made directly to the county, municipality, public\nbenefit corporation or Indian tribe to help meet the operating expenses\nof any mass transportation services provided for by any such county,\nmunicipality, public benefit corporation or Indian tribe whether\ndirectly or by contract. In the event that the total revenues of any\npublic transportation system, including subsidies from federal, state or\nlocal governments, and where applicable, including funds required to be\ncommitted by the county, municipality or Indian tribe, exceed the total\noperating expenses for any such system, excluding depreciation, such\nexcess shall be utilized by the system to reduce fares or to extend or\nincrease mass transportation services. A plan to effectuate any such\nfare reduction or extension or increase in services shall be submitted\nto the commissioner by a public transportation system within thirty days\nof receiving notice from the commissioner to prepare and submit such a\nplan. Upon approval by the commissioner, such plan with any\nmodifications made by the commissioner shall be implemented as soon as\npractical. Upon the failure of a public transportation system to submit\na plan in the manner provided by this section, the surplus shall be\nutilized by such system to reduce the proportionate shares of the state\nand the county, municipality or Indian tribe required to make matching\npayments to the system, or in the event that no future payments are to\nbe made to such public transportation system, the system shall\nproportionately refund such surplus to the state and the county,\nmunicipality or Indian tribe involved.\n 7. The commissioner may prescribe such regulations as he may deem\nappropriate to effectuate the purposes of this section, including but\nnot limited to, a uniform system of reporting pursuant to the provisions\nof this section. The commissioner shall also define by rules and\nregulations, the terms "passenger", "vehicle or car mile", "urbanized\narea", "chief executive officer", "mass transportation services",\n"service payment", "commuter rail system", "subway system", "rapid\ntransit system", "bus system", "peak hours", "elderly", "handicapped",\nand such other terms as he deems necessary for the purposes of this\nsection.\n The commissioner, in conformance with the auditing procedures of the\nstate comptroller, shall have the power to audit and examine the\naccounts, books, contracts, records, documents and papers of any\nparticipating public transportation system in order to effectuate the\npurposes and intent of this section. Where a county, counties,\nmunicipality, municipalities, Indian tribe or Indian tribes contract for\nthe provision of public transportation services with a private operator,\nthe books and records of such private operator shall also be subject to\naudit and examination by the commissioner.\n 8. The commissioner is hereby authorized to enter into contracts or\notherwise cooperate with the federal government or any agency or\ninstrumentality thereof for the purposes set forth in this section. Such\nauthorization shall include the power to apply for, receive, distribute\nor, following appropriation authorization by the legislature, expend\nfederal money available or which may hereafter become available for such\npurposes. The distribution of federal monies shall be in accordance with\nthe requirements of the federal grant, except that in the absence of any\nrequired distribution the commissioner shall distribute such federal\nmonies in a manner which gives due consideration to the relative needs\nof public transportation system operators throughout the state.\n 9. The commissioner shall prepare and submit to the governor and the\nlegislature on or before November fifteenth of each year, a report,\nwhich may include, but not be limited to, findings and recommendations\non the following: (a) the impact and effectiveness of the statewide\noperating assistance program; (b) the current and projected operating\ncosts, revenues and subsidies of major transit systems or groups of\nsystems; (c) the efficiency, effectiveness, quality and the availability\nof transit service; (d) the status of transit system long-range planning\nand development and use of service and performance guidelines to\nevaluate the efficiency, effectiveness and quality of service; and (e)\nissues related to and/or affecting the administration of the statewide\noperating assistance program.\n * 10. Any street surface railroad in a city having a population of one\nmillion or more commencing operation after July first, nineteen hundred\nninety-three shall not be eligible to receive statewide mass\ntransportation operating assistance.\n * NB There are 2 sb 10's\n * 10. Any commuter ferry line commencing operation after July first,\nnineteen hundred ninety-three shall not be eligible to receive statewide\nmass transportation operating assistance.\n * NB There are 2 sb 10's\n 11. To ensure that major private bus operations, as defined by the\ncommissioner, do not make excess profits, the commissioner shall limit\noperating assistance provided pursuant to this section to an amount\nwhich will not provide more than a reasonable return based on equity or\noperating revenue and expenses as defined by program rules and\nregulations. Further, the commissioner may exempt the following from the\nprovisions of this subdivision:\n a. operations of private carriers that are conducted pursuant to\ncontracts with New York state;\n b. operations of private carriers that are conducted pursuant to\ncompetitively procured contracts awarded by municipalities; and\n c. complementary para-transit operations that are provided as mandated\nby the federal Americans with Disabilities Act.\n 12. To ensure that mass transportation operating assistance is not\nused to support duplicative and redundant service, the commissioner may\nlimit or withhold statewide mass transportation operating assistance\nfrom any public transportation system for such services the commissioner\ndetermines to be duplicative or redundant. Prior to determining that a\nservice is or would be duplicative or redundant, the commissioner shall\nconsult with the provider of such service or the applicant proposing to\nprovide such service and with any authority, Indian tribe, county or\ncity which is contracting for such service or proposing to contract for\nsuch service.\n