Header:
PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 74. TRANSPORTATION
PART II. PUBLIC TRANSPORTATION
CHAPTER 15. SUSTAINABLE MOBILITY OPTIONS
Date:
08/31/2009
Document:
§ 1516. Programs of Statewide significance
(a) GENERAL RULE.-- Money in the fund allocated for programs of Statewide significance shall be used by the department to support public transportation programs, activities and services not otherwise fully funded through the operating program, capital program or asset improvement program. In addition to any requirements contained in this section, applications must comply with section 1507 (relating to application and approval process). Programs of Statewide significance shall include:
(1) The Persons with Disabilities Program.
(2) Intercity passenger rail and bus services.
(3) Community transportation capital and service stabilization.
(4) The Welfare-to-Work Program and matching funds for Federal programs
with similar intent.
(5) Demonstration and research projects.
(6) Technical assistance.
(7) Other programs as determined by the department.
(8) The department's costs under sections 1510(b) (relating to program
oversight and administration) and 1518 (relating to program oversight
and administration).
(b) PERSONS WITH DISABILITIES.-- The department shall establish and administer a program providing reduced fares to persons with disabilities on community transportation services and to provide financial assistance for start-up, administrative and capital expenses related to reduced fares for persons with disabilities. All of the following shall apply:
(1) A community transportation system operating in the Commonwealth
other than in counties of the first and second class may apply for
financial assistance under this subsection.
(2) The department may award financial assistance under this subsection
for program start-up and for continuing capital expenses to offset
administrative and capital expenses. For community transportation
trips made by eligible persons with disabilities, financial assistance
may be awarded to an eligible community transportation system to
reimburse the system for up to 85% of the fare established for the
general public for each trip which is outside of fixed-route and
paratransit service areas and not eligible for funding from any other
program or funding source. The person making the trip or an approved
third-party sponsor shall contribute the greater of 15% of the fare
established for the general public or the Americans with Disabilities
Act complimentary paratransit fare.
(c) INTERCITY TRANSPORTATION.-- The department is authorized to provide financial assistance for an efficient and coordinated intercity common carrier surface transportation program, consisting of both intercity passenger rail service and intercity bus service transportation, with the intent of sustaining strong intercity connections. All of the following shall apply:
(1) An intercity passenger rail service provider, a local
transportation organization, an agency or instrumentality of the
Commonwealth or a transportation company that provides intercity public
transportation service may apply for financial assistance under this
subsection. The department is authorized to enter into joint service
agreements with a railroad company, any other agency or instrumentality
of the Commonwealth, a Federal agency or an agency or instrumentality
of any other jurisdiction relating to property, buildings, structures,
facilities, services, rates, fares, classifications, dividends,
allowances or charges, including charges between intercity rail
passenger service facilities, or rules or regulations pertaining
thereto, for or in connection with or incidental to transportation in
whole or in part upon intercity rail passenger service facilities.
(2) Operating assistance and capital assistance may be provided for
intercity bus service and intercity passenger rail service as
determined by the department.
(3) For financial assistance to a transportation company, eligible
matching funds shall consist only of cash income generated by the
transportation company from its activities, other than the provision of
subsidized public passenger transportation service and contributed by
the transportation company in the amount and for the time period
specified in the financial assistance agreement.
(4) Local match requirements are as follows:
(i) For intercity bus service operating and capital assistance,
financial assistance shall require a local match by local or private
cash funding in an amount equal to at least 100% of the amount of the
financial assistance being provided.
(ii) For intercity passenger rail service operating and capital
assistance, financial assistance shall require a local match on a
case-by-case basis, taking into account the best interests of the
Commonwealth.
(5) For purposes of this subsection, "local match" is defined as local
revenue obtained from other nonsubsidized services such as charter,
school bus or profits realized from other intercity bus services.
Local match shall not include any funds received from Federal or State
sources.
(d) COMMUNITY TRANSPORTATION.--
(1) The department is authorized to provide financial assistance under
this section for all of the following:
(i) Capital expenditures for the provision of community
transportation service; and
(ii) service stabilization, including:
(A) Stabilizing current service and fares.
(B) Providing advice or technical assistance to analyze and enhance
community transportation system resources and services.
(C) Maximizing available funding including Federal dollars.
(D) Ensuring equitable cost sharing.
(2) Subject to the limitations of this subsection, the following may
apply for financial assistance under this subsection:
(i) The governing body of a county, other than a county of the first
or second class.
(ii) A transportation company designated by the governing body of the
county as the coordinator of community transportation service.
(iii) An agency or instrumentality of the Commonwealth.
(2.1) Each eligible applicant shall be subject to all of the following
requirements:
(i) An applicant for financial assistance for capital expenditures
for the provision of public community transportation service shall
certify to the department that it has taken all reasonable steps to
coordinate local service for the elderly and persons with
disabilities and that the services to be offered with the capital
assets do not duplicate existing fixed-route services.
(ii) The governing body of a county or the coordinator described
under this paragraph shall not be eligible for financial assistance
for service stabilization if any of the following apply:
(A) The coordinator receives financial assistance under the
operating program established under this chapter.
(B) The coordinator is a private for-profit provider.
(3) Financial assistance for service stabilization may only be provided
for the following purposes:
(i) Short-term, long-term and strategic planning.
(ii) Technology investment.
(iii) Training programs designed to enhance transportation management
and staff expertise.
(iv) Offsetting operating expenses that cannot be covered by fare
revenue due to emergencies.
(v) Marketing activities.
(vi) Other stabilization purposes approved by the department.
(4) The department shall give high priority to providing financial
assistance under this subsection as match for Federal funding to
support capital projects for community transportation systems.
(5) The department shall conduct a study to evaluate the effectiveness
and efficiency of community transportation service delivery as it
relates to human service programs. The Department of Public Welfare,
the Office of the Budget and the Department of Aging and other
appropriate Commonwealth agencies identified by the department shall
participate in the study. Within two years following the effective
date of this section, these agencies shall make recommendations to the
Governor and the Majority and Minority chairpersons of the
Transportation Committee of the Senate and the Majority and Minority
chairpersons of the Transportation Committee of the House of
Representatives for improving coordination and efficiency of human
services and community transportation.
(D.1) WELFARE-TO-WORK AND FEDERAL PROGRAMS MATCH.-- The department is authorized to provide financial assistance under this section to design and implement projects and services and to reimburse award recipients for the expenses associated with the projects and services that identify and address public passenger transportation and related barriers preventing individuals eligible for participation in the Federal welfare-to-work program from securing and maintaining employment and from accessing community services and facilities. All of the following shall apply:
(1) A local transportation organization, a transportation company
designated by a county as the coordinator of community transportation
services or any other person approved by the department may apply to
the department for financial assistance under this subsection.
(2) Financial assistance awarded under this subsection shall be used
for any of the following purposes:
(i) Fixed-route service subsidy.
(ii) Contracted transportation services.
(iii) Fixed-route fare discounts.
(iv) Community transportation fare discounts.
(v) Taxi fare discounts.
(vi) Mileage reimbursement.
(vii) Vehicle purchase, insurance, maintenance and repair.
(viii) Driver education classes.
(ix) Administrative expenses.
(x) Case management expenses.
(xi) Any other activities consistent with the transportation related
elements of the welfare-to-work program.
(3) The department shall give high priority to providing financial
assistance under this subsection as match for Federal funding to
support projects with similar purposes and eligible uses, including the
Federal Job Access Reverse Commute and New Freedoms programs.
(e) TECHNICAL ASSISTANCE AND DEMONSTRATION.-- The department is authorized to provide financial assistance under this section for technical assistance, research and short-term demonstration projects. All of the following shall apply:
(1) A local transportation organization or an agency or instrumentality
of the Commonwealth may apply to the department for financial
assistance under this subsection.
(2) Financial assistance provided under this subsection may be used for
reimbursement for any approved operating or capital costs related to
technical assistance and demonstration program projects. Financial
assistance for short-term demonstration projects may be provided at the
department's discretion on an annual basis based on the level of
financial commitment provided by the award recipient to provide ongoing
future funding for the project as soon as the project meets the
criteria established by the department and the award recipient.
Financial assistance for this purpose shall not be provided for more
than three fiscal years. Financial assistance may be provided to meet
any short-term emergency need that requires immediate attention and
cannot be funded through other sources.
(3) Financial assistance under this subsection provided to a local
transportation organization shall be matched by local or private cash
funding in an amount not less than 3.33% of the amount of the financial
assistance being provided. The sources of funds for the local match
shall be subject to the requirements of section 1513(d)(3) (relating to
operating program).
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