17-229 C.M.R. ch. 700
SUMMARY: This chapter outlines the procedures adopted by the Department of Transportation to implement and administer the Transit Bonus Payment Program established by Chapter 681 of the Public Laws of 2001 as enacted by the 120th Legislature, 2nd Regular Session.
The following definitions are adopted to aid in the interpretation and administration of the Transit Bonus Payment Program authorized in Chapter 19, Subchapter VI of Title 23 of the Maine Revised Statutes Annotated.
1. Department. "Department" means the Maine Department of Transportation's Office of Passenger Transportation.
2. Program. "Program" means the Transit Bonus Payment Program established by the Legislature pursuant to Public Law 2002, Chapter 681, as the same may from time to time be amended.
3. Municipal Revenue Source. "Municipal revenue source" means a traditional broad-based local revenue source such as fees, taxes, and interest. It does not include revenue derived from gifts, grants, endowments, subsidies or similar sources.
4. Base Year. "Base year" for the purposes of measuring increases in qualifying expenditures pursuant to 23 MRSA § 1807(1) is defined as State Fiscal Year 2001, which encompasses the period from July 1, 2000 to June 30, 2001, or another period if approved pursuant to §3 of these Rules.
5. Municipality. "Municipality" means any entity eligible to receive funds under the Urban-Rural Initiative Program, which includes municipalities, counties and Indian Reservations.
6. Transit Service. "Transit service" means 'mass transportation' as defined in Federal U.S. Code 49, Chapter 53, Section 5302 (a) 7.
7. Seasonal. "Seasonal" means any transit service that operates less than a full calendar year, especially when designed to deal with a short-lived congestion phenomenon such as the summer tourist or winter sport seasons.
Only those entities specified in 23 MRSA §1804 may submit applications for a transit bonus under this Program.
Qualifying expenditures are as defined in 23 MRSA §1807(2) but may not include expenses for charter service as defined by the Federal Transit Administration in the Code of Federal Regulations, 49 CFR Part 604.5 (e). Charter service includes all school bus services.
The "Base year", for the purposes of calculating increases in qualifying expenditures for transit, shall be as defined above; however, in the case where a municipality's fiscal year does not coincide with the State Fiscal Year, the municipality is directed to use its fiscal year which has the most months in common with the State Fiscal Year 2001. This municipal fiscal year shall then become the base year for calculating future increases in qualifying expenditures for transit, and shall be used consistently as the basis for all future reporting by that municipality under this Program.
Requests for funds under this Program shall be submitted to the Office of Passenger Transportation prior to and separately from the mailing of the annual certification for the Urban Rural Initiative Program (URIP). To be eligible for funding for the bonus program that begins on July 1 of the new State fiscal year (July 1 to June 30), requests for funds certifying budgeted municipal contributions for the fiscal year coinciding with the State Fiscal Year beginning July 1 (see §3 'Base Year') must be received by June 1, prior to the beginning of that new State Fiscal Year. Due to the complications of calculating the amounts to be distributed in time for the URIP process, applications received after June 1 will not be considered.
1. Transit Bonus Payment Program payments will be added to the allocated URIP amount for a fiscal year and paid in the regular URIP process.
2. If and when the total of qualifying applications for reimbursement exceeds the threshold of the annual amount available for distribution provided under 23 MRSA §1807(4), funds will be apportioned according to the amount of each municipality's increase of qualifying expenditures since the inception of the
Program. Furthermore, the Department may, under this circumstance, establish a per rider limit on State assistance.
3. When a municipality receives both Urban and Rural URIP funds, all Transit Program funds will be applied to the Urban Initiative portion of the payment.
STATUTORY AUTHORITY: P.L. 2002, c. 681, as codified in 23 MRSA §1807.
EFFECTIVE DATE:
April 5, 2003 - filing 2003-87