NY Transp L § 73-J (2021)
2021 New York Laws TRA - Transportation Article 2-F - New York State Rural Public Transportation Coordination Assistance Program 73-J - Special Provisions Relating to Aid.

§ 73-j. Special  provisions  relating  to  aid.  1. Within one hundred   twenty  days  after  the  adoption  of  a  state  budget  containing  an   appropriation  implementing this article, the commissioner shall send to   the  county  executive,  if  any,  or  the  chairperson  of  the  county   legislative  body  of  each  rural  county,  a  copy of this article and   general information relating to the procedure to be followed  to  obtain   the  aid provided for in this article including, but not limited to, the   following:a. the intent of the program;b. program guidelines, including the time when  applications  must  be   submitted;  the time when applications will be accepted or rejected; the   time when the applicant must complete the program for which aid has been   given;c. potential county benefit, including an indication of the  level  of   the  funds  to which each county would be entitled should it participate   in the program as defined in this article.2. The failure to file an application for aid in any  year  shall  not   impair the right of a rural county to file an application for aid in any   subsequent year.3.  Within  six  months  of the time of receipt of any application for   aid,  pursuant  to  section  seventy-three-g  of   this   article,   the   commissioner  shall  notify  the  applicant  that  such  application was   approved and aid shall be paid to such county or the  commissioner  will   reject  such  application  and state the reasons for such rejection. The   rejection  shall  not  disqualify  an  applicant  from  resubmitting  an   application   for  aid.  In  the  event,  after  consultation  with  the   commissioner,  the  application  is  modified  it  may   thereafter   be   resubmitted for further consideration.4.  Each  request  submitted  to  the  commissioner  for  a  financial   assistance grant under this article shall be accompanied by an  itemized   preliminary  budget,  certified  by  the  chief financial officer of the   county, identifying expected eligible  costs,  amounts  and  sources  of   grant funding including any applicable county matching funds.a.  Within sixty days after the completion of the grant, as determined   by the terms of the grant, the chief executive officer of the county, if   any, or the chairperson of the county legislative body shall forward  to   the  commissioner  a  certified  financial  statement identifying actual   costs incurred,  grant  funds  expended  or  encumbered,  including  any   applicable  county matching funds on forms provided by the commissioner.   After the expenditure of any applicable county  matching  funds,  should   any  state funds paid to a county remain unexpended or unencumbered upon   completion of the grant, as determined by the terms of  the  grant,  the   commissioner  will  credit  said state funds to the county's planning or   operating assistance grant for the subsequent year. In no  event,  shall   the  county's  subsequent  year's  grant  exceed  the  sum of forty-five   thousand dollars  for  planning  or  twenty-five  thousand  dollars  for   operating aid.b.  Should  a county's activities in coordinated public transportation   services be terminated at any time, the chief executive officer  of  the   county,  if any, or the chairperson of the county legislative body shall   advise the commissioner of such termination in writing and return to the   commissioner any unexpended state funds paid to the county together with   the final certified financial statement indicating  the  expenditure  of   any grant funds received.5.  Except as provided for in section seventy-three-g of this article,   any moneys paid to rural counties by the commissioner shall be  paid  in   quarterly  installments  at the beginning of each quarter, commencing on   the first day of January of each year, unless the commissioner  approves    an  alternative method of payment in accordance with subdivision nine of   this section.6.  Except as provided for in section seventy-three-g of this article,   a rural county's apportionment of funds  made  available  in  accordance   with   this   article   may  be  used  for  capital,  operating  and  or   administrative assistance to provide rural  public  transportation.  The   commissioner,   in   consultation   with  the  interagency  coordinating   committee on rural public transportation, may  award  other  grants  for   operating and capital expenses.7.  Recipients  of  aid shall annually submit to the commissioner such   data as he or she may deem  necessary  to  review  the  program  and  to   recommend future funding levels.8.  Following  formal  adoption of a rural county's coordinated public   transportation  service  plan  and  approval  of  that   plan   by   the   commissioner,  and  upon  receipt  of written notice from a rural county   that its coordinated public transportation service is about to  commence   in  accordance  with  such approved plan, the commissioner shall forward   operating aid applications to the chief executive officer of the county,   if any, or the chairperson of the county legislative  body,  along  with   instructions  and  a  timetable  for  their completion. The commissioner   shall advise the applicant county of his action on each such application   within ninety days of its receipt.9. Funds appropriated  for  the  purpose  of  implementation  of  this   article  may be allocated in whole or in part to a rural county prior to   the time actual expenditures  are  incurred  if  the  payment  is  first   approved  by the commissioner. Applications for advance payment shall be   made by the county in accordance with rules of  the  commissioner.  Each   application  shall  specifically  state  why  such  advance  payment  is   required.10. The commissioner shall promulgate rules and regulations  in  order   to implement the provisions of this article.11.  When  a  rural  county  has adopted and implemented a coordinated   public  transportation  service  plan  in  accordance  with  rules   and   regulations  issued  by  the  commissioner pursuant to the provisions of   this article and such plan has been approved by the  commissioner,  then   the  department  may, from among all applications within said county for   financial aid to purchase vehicles provided by section sixteen (b) (two)   of the  federal  Urban  Mass  Transportation  Act  of  nineteen  hundred   sixty-four  as amended, give priority consideration for funding to those   applications that provide coordinated public transportation  service  in   accordance with the county's plan.12.  When  included  and operated as an integral part of a coordinated   public transportation service plan  approved  by  the  commissioner  and   adopted  pursuant to the provisions of this article, and consistent with   the Urban Mass Transportation Act  of  nineteen  hundred  sixty-four  as   amended,  vehicles  obtained  through  section sixteen (b) (two) of said   federal Urban Mass Transportation Act, may be eligible to carry  persons   other  than  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 sixteen (b) (two) grant application are met   by  the  adopted  coordinated  public  transportation  service  and  the   transportation  needs of other elderly and disabled persons in the rural   county are met under the county's adopted plan.13. Public transportation providers utilizing state or federal transit   assistance moneys for the purchase of vehicles pursuant to this article,   may purchase said vehicles through state contract or by  public  bid  as   required by section one hundred three of the general municipal law. 14.  Notwithstanding  any  other  provisions  of  this  article to the   contrary, no application  for  financial  assistance  made  pursuant  to   section  seventy-three-g  of  this  article  shall  be  awarded  by  the   commissioner for less than fifty-five thousand dollars or for less  than   the amount requested unless the commissioner shall, in writing, prior to   making  the  award, each year certify the reasons why such applicant was   awarded less than fifty-five thousand dollars or  an  amount  less  than   requested.  Such  certification,  including the reasons for such action,   shall be sent to the applicant, the interagency  coordinating  committee   on  rural  public  transportation,  the  secretary of the senate finance   committee, the secretary of the assembly ways and means  committee,  the   director  of  the  office  of  rural  affairs  and  the  director of the   legislative commission on the development of rural resources.15. Notwithstanding any  other  provisions  of  this  article  to  the   contrary,   no  grant  for  operating  aid,  as  authorized  by  section   seventy-three-h of this article, shall be made by  the  commissioner  to   any  county  for  less than thirty-five thousand dollars in any one year   unless the commissioner shall, in writing, prior to  making  the  grant,   each  year  certify  the  reasons  why such county was awarded less than   thirty-five thousand dollars. Such certification including  the  reasons   for   such  action  shall  be  sent  to  such  county,  the  interagency   coordinating committee on rural public transportation, the secretary  of   the  senate  finance  committee,  the secretary of the assembly ways and   means committee, the director of the office of  rural  affairs  and  the   director  of  the  legislative  commission  on  the development of rural   resources.