N.Y. Comp. Codes R. & Regs. tit. 17 § 980.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 980.5 - Department guidelines

The Department shall prepare and issue guidelines and other program materials as it deems necessary or appropriate or as requested by counties, for the effective administration of the Program. Such guidelines shall be deemed advisory opinions to assist the counties in their understanding of the statute of these rules and regulations, and are not to be deemed regulatory unless they are or become a formal part of these regulations.

(a) Planning guidelines. The Department shall issue, and periodically update, guidelines for a county Services Coordinator to use to prepare the county's coordinated public transportation service plan required by Section 980.7(a) of this Part. The Department shall base its approval or disapproval of county plans on whether such plans are complete. Each county's plan shall address, among other items, the following components:

(1) provision for consultation with existing transportation providers and purchasers, the county executive, if any, the county legislature, the general public and other persons interested in the plan;

(2) a description of the geographic areas to be served;

(3) a description of existing transportation services, facilities, equipment, and usage;

(4) a description of the sources, purposes and amounts of existing funds that are used by current providers receiving public funds;

(5) a description of any new funding sources that are proposed to be included in the coordinated public transportation service program;

(6) a description and tabulation of the current administrative and operating costs for passenger transportation services of current providers receiving public funds;

(7) provision for the retention of existing levels of human service agency funding for transportation services;

(8) provision for the inclusion of federal and state public transportation operating assistance;

(9) provision for continuation of existing or improved levels of transportation service to agency clients and the general public currently receiving service;

(10) provision of new services for persons in need of transportation who are not currently served or sponsored by human service agency or program;

(11) provision for the increased utilization of publicly funded vehicles which currently provide passenger transportation services;

(12) procedures for the regular advertising and marketing of the coordinated public transportation service indicating that such service is open to the general public, and publication of methods by which the general public can access and utilize the available coordinated public transportation service;

(13) performance, productivity and other measures that shall be used to measure the effectiveness and efficiency of the coordinated public transportation service;

(14) uniform definitions related to record-keeping in order to maintain consistency among counties;

(15) provision for the equitable sharing of the coordinated public transportation service's total operating costs among participating providers, agencies, and program sources;

(16) provision for a centralized accounting that provides primary documentation for all revenues and expenses associated with managing and operating the coordinated public transportation service in a county;

(17) investment of one person or office with responsibility for managing the assets, operations and funding of the coordinated public transportation service in a county;

(18) descriptions of how the coordinated service will maintain its policies, routes, schedules, fare structures and budget in a manner that encourages public review, responsiveness to user concerns, energy conservation and fiscal solvency;

(19) a pre-established basis for determining success using a specified means of performance measurement; a detailed budget of the resources available and the assistance necessary for implementation;

(20) a description of the potential for the improvement of service to result from a coordinated public transportation service, and the manner in which the service will promote more economical, comprehensive or efficient service to the general public and transportation disadvantaged populations;

(21) a description of the manner in which the elements of the coordinated public transportation service are to be consolidated into a single operating entity and the manner and extent to which that entity will coordinate with any non-participating passenger transportation services;

(22) a description of the manner in which the subsequent two-year grants are to be utilized by the county in its implementation of the plan, including itemized preliminary budgets;

(23) a description of the manner and extent to which existing fixed-route operations (if any), such as those provided by a city government or an inter-county or intercity service, are included in, or complemented by, the proposed coordinated service;

(24) a description of the steps the county will take to ensure that existing levels of funding for passenger transportation are maintained and directed towards the Coordinated Service Operator through the purchase of service;

(25) a description of the manner and extent to which the coordinated public transportation service will meet the transportation needs of the following:

(i) persons with disabilities;

(ii) low-income persons;

(iii) persons who currently receive transportation through a human service agency program;

(iv) transportation disadvantaged persons who do not currently receive transportation; and

(v) other members of the general public;

(26) a description and schedule of specific actions the county government will take to implement the plan following its adoption.

Existing public transportation services within the county, which do not choose to participate in the County's coordinated service, shall be described in the county's plan along with a description of how the non-participating services will be complemented, and not duplicated, by the coordinated service. Ineligible transportation services may be included in the county's plan for informational purposes only.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 980.5