New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter VI - Transportation Regulations › Subchapter G - Mass Transportation Operating Assistance › Part 975 - Statewide Mass Transportation Operating Assistance Program › Section 975.15 - Alternate allocation of service payments to operators

Current through Register Vol. 46, No. 28, July 10, 2024
Any public transportation system that proposes to take any
					 of the following actions:
(1) allocate
				  service payments and/or matching payments as required by section 18-b of the
				  State Transportation Law to operators on a basis other than on the calculated
				  amounts (or a uniform percentage) of the service payment formula attributable
				  to each operator;
(2) use a portion
				  of service payments and/or state-mandated matching payments for system expenses
				  not directly incurred by the operators, except for reasonable audit expenses as
				  permitted under section
				  975.21  of this
				  Part;
(3) want its profit cap under
				  section
				  975.17 
				  to be calculated as a system rather than on an individual operator basis shall
				  be required to submit annually to the Commissioner of Transportation for review
				  and approval, an alternate distribution plan that describes the proposed method
				  of distributing Federal, State, and local operating aid no later than one month
				  prior to the start of the system's fiscal year.
Such alternate distribution plan shall be prepared in
					 accordance with a format prescribed by the Commissioner of Transportation, and
					 shall include:
For public transportation systems submitting a plan under
					 (1) above, the ADP shall describe (i) the nature of the service, passengers
					 serviced, other public transit modes available, cost structure, and/or fare
					 policy that results in adequate service to the public from operators that do
					 not receive their full formula allocation, and (ii) the need for those
					 operators to receive more than their full allocation.
For public transportation systems submitting a plan under
					 (2) above, the ADP shall describe the nature and amount of expenses provided
					 outside the operating company and supporting reasons for the proposed provision
					 of these services. Only expenses directly supporting transit operations as
					 defined in 975.4(d) are eligible expenses.
For public transportation systems submitting a plan under
					 (3) above, the ADP shall describe the basis for determining the level of profit
					 for those companies that will exceed the profit level that would be established
					 under section
					 975.17 
					 including the consideration given, if any, to alternative providers of
					 service.
In addition, the plan shall include a table, a narrative
					 description consistent with the table containing a pro forma of expenses,
					 revenues, profits, and all subsidies by source and by operator (and for the
					 government sponsor, if appropriate, under (2) above). If the profit level is
					 contingent on the performance of the operator, those factors shall be described
					 in the plan.
For ADP's submitted under criteria (3) above, the
					 Department will issue conditional approval subject to local government meeting
					 the criteria in section
					 975.17 
					 based on actual certified data.