AN ACT CONCERNING NEW AND EXPANDED BUS TRANSPORTATION SERVICES THROUGHOUT CONNECTICUT.

AN ACT CONCERNING NEW AND EXPANDED BUS TRANSPORTATION SERVICES THROUGHOUT CONNECTICUT.

This bill establishes a program to be administered by the Department of Transportation (DOT) within available budgetary resources, called the “Buses for 21^st Century Mobility program. ” The purpose of the program is to provide (1) capital and, possibly, operating assistance for funding new and expanded bus transportation services statewide and (2) funding for marketing programs. DOT must begin accepting applications from transportation providers and community service providers on July 1, 2008. The bill does not specify who qualifies as a transportation or community service provider, nor does it give DOT authority to determine this by regulations.

For FY 09, the bill requires $ 15 million in bond proceeds to be “made available” to DOT for operating and administering the program during that year. But it does not specify the source of these funds. Any funds remaining at the end of the fiscal year do not lapse and must be carried forward for expenditure on the new or expanded bus transportation programs in FY 10. The bill makes no funding available for the program after FY 09.

It is not clear if the bill requires DOT to provide operating assistance to grantees, or only capital assistance. It explicitly requires $ 15 million in bond proceeds to be “made available” to DOT for the program, but refers only to a process DOT must have to determine “how five million in new operating funds could be allocated” for FY 09. Since it does not specifically make funding available for operating assistance and requires the program to be conducted within available budgetary resources, one possible inference could be that DOT must make $ 5 million of its existing operating funds available to the new program.

1. providing transportation services for disabled “citizens” to and from their homes for any purposes “required” by the Americans with Disabilities Act (ADA);

2. expanding existing services when a need has been demonstrated for expansion;

3. providing new rail shuttle services to encourage use of the Metro-North Commuter Railroad (i. e. , the New Haven line rail commuter service);

4. express commuter services; and

5. other bus transportation programs designed to increase bus riding opportunities for Connecticut residents.

1. Internet-based programs to help Connecticut citizens find bus services, schedules, and routes;

2. print advertising programs regarding bus service locations, schedules, routes, and bus transportation services in various communities; and

3. any other bus transportation marketing and advertising programs designed to increase bus riding opportunities in Connecticut.

The bill requires 15% of the funds available for the new program to be assigned to projects that originate from locations in Hartford, Fairfield, New London, and New Haven counties and 10% of available funds to be assigned to projects that originate in Litchfield, Windham, Middlesex, and Tolland counties. Services that cross “regional” or county lines must be assigned a proportionate share of funding available to each county. (It appears that the intent of the bill may be to allocate the 15% and 10% shares of the total funding to each of the counties in the two groups of four counties, but it does not explicitly do that. )

The bill requires DOT to determine the allocation of funds under the program by September 30, 2008.

At least 75% of the funding available for capital expenditures may be used to purchase full-sized and small buses and smaller vehicles for ADA services, services for the elderly, and services for rural areas. At least 33% of the funds for vehicle purchases must be used for vehicles that provide services in rural areas. Any remaining funds for capital expenditures may be used for capital costs associated with providing new services, including signs, shelters, and similar amenities. If such funds cannot be allocated in this way, they must be available for additional vehicles. (This reference appears to mean the 25% of capital funds not already specifically mentioned for vehicle purchases. )

The bill requires DOT to consider, but does not obligate it to fund, all projects submitted for funding and “not fully funded as part of its process to determine how $ 5 million in new operating funds could be allocated” for FY 09. This provision is unclear. It appears to mean that in determining how to allocate the operating funds available under the program, DOT must consider every project application submitted for operating assistance, but does not have to fully fund any project. However, it is not certain how this provision must be applied. The bill provides no explicit funding for operating assistance so this provision might be interpreted to require the DOT to reallocate $ 5 million of its existing funding for the new program.

DOT cannot require applicants to resubmit proposals for consideration, but applicants must be “notified” and given the opportunity to modify their proposals.

The ADA requires any entities receiving public funding for fixed-route bus transit to offer equivalent paratransit services to ADA-eligible people within the public transit service area during the service hours of the fixed route operation for destinations within ¾ mile of fixed-route services (49 CFR § 37. 131).

The House referred the bill to the Appropriations Committee on April 3. On April 11, the committee approved a substitute that (1) deleted a provision requiring $ 7 million in operating funds to be made available to the DOT for operation of the program in FY 09 and (2) required the program to be administered within available budgetary resources. However, the committee did not remove language requiring DOT to consider partially funding projects when determining how to allocate $ 5 million in “new operating funds” for FY 09 nor a provision requiring unspent FY 09 funds to be carried over to FY 10.

Yea

Nay

(03/07/2008)

Yea

Nay

(04/11/2008)