Current through Register Vol. 46, No. 39, September 25, 2024
Prior to making service payments to a transportation
authority, county, or city for services provided under contract with a
corporation, firm or individual to provide mass transportation services,
pursuant to section 18-b of the Transportation Law and section 119-r of the General Municipal Law, a copy
of such contract must be provided to the Department. If the contract involves
intercity bus services, services that extend outside of New York State,
services that extend outside of the boundaries of the contracting city, county
or transportation authority, then the following procedures and provision also
apply:
(a) Intercity bus services.
Prior to entering into, extending or continuing such a contract for intercity
bus services with any intercity bus company such transportation authority,
county, or city shall submit the proposed service contract and supporting
records describing the services and its finances to the Department for review
and approval. The Department review will determine if the service is already
under contract, duplicates other subsidized services, is provided in an
effective manner and meets other program requirements.
(b) Services that operate outside N.Y. State.
Any new, amended or renewed contract between a transportation authority,
county, or city and a corporation, firm or individual, to provide mass
transportation services, pursuant to section 18-b of the Transportation Law, shall
reflect the following general policy of the Department of Transportation where
such service, or a portion of such service, is to be interstate commerce. In
order for a public transportation system that provides mass transportation
services outside of New York State to be eligible for a State service payment,
such system must demonstrate to the Commissioner that such assistance will be
used exclusively for the benefit of New York State riders.
(1) To the degree practicable, the benefits
of the receipts of State moneys pursuant to such contract for mass
transportation services by such corporation, firm or individual shall be
applied either:
(i) to discount, or otherwise
reduce, or minimize the fares charged for interstate service with origin and
destination points within the State of New York; or
(ii) to provide additional service or routes
within New York State pursuant to such contract.
(2) Such general policy may be carried out in
either of the following manners as prescribed by the Commissioner:
(i) a plan therefor submitted through the
transportation authority, county, or city by the corporation, firm or
individual, to the Commissioner of Transportation for approval, and such plan
being subsequently approved; or
(ii) the contract containing a clause that
the benefits from the operating assistance shall be reflected in the fares for
interstate trips having an origin and destination within the State of New York
by discount or credit that is equal to the percentage relationship between the
total subsidy payment and the full farebox revenues generated by such
interstate trips.
(3)
Such corporation, firm or individual, when required by such contract to provide
additional service or routes, may deduct any deficits generated by such
operations from the total subsidy payment in determining the required fare
discount, other reduction, or minimization of fares. Should such corporation,
firm or individual be receiving payment of moneys pursuant to a valid existing
contract with a transportation authority, city or county which does not contain
plan submission or discount or credit provisions as outlined herein, such
contract shall be amended so as to incorporate such a provision as soon as is
legally possible.
(c)
Services that extend outside the boundary of the contracting Municipal
Corporation. In order for counties or cities contracting for mass
transportation services under the provisions of section 119-r of the General Municipal Law to be
eligible for a State service payment for service that extends beyond its
boundaries then the following will apply:
(1)
Vehicle miles both inside and outside the Municipal Corporation can be
submitted as eligible for calculating service payments if the service is local
bus service or commuter bus service that extends to a destination in a nearby
county if such service is of primary benefit to the residents of the
contracting county or city. Counties or cities intending to contract for
commuter bus services under this provision must obtain Department approval to
do so by no later than the seventeenth day of the first month of a quarter for
which the service is to be provided. Requests for approval shall describe the
commuter services to be contracted for outside of the jurisdictional boundaries
and the benefits that their residents receive from such services. In approving
such services, the Department shall consider the type and need for subsidy to
maintain adequate service, reasonable return on equity, operating cost
guidelines, and impact on other operators.
(2) Counties and cities may sponsor intercity
bus services that serve more than one county, and that meet the requirements of
section 975.9(a) but only for the services that are within their municipality;
i.e., they may only submit the revenue vehicle miles and revenue passengers
within the jurisdictional boundaries of the sponsoring county or
city.
