The purpose of the amendment is to update the rule language and clarify definitions.

 

COMMISSION FOR THE TRANSPORTATION DISADVANTAGED

RULE NO.:RULE TITLE:

41-2.014Grants Program

PURPOSE AND EFFECT: The purpose of the amendment is to update the rule language and clarify definitions.

SUMMARY: Update rule language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 427.013(9), 427.013(10) FS.

LAW IMPLEMENTED: 427.013, 427.0159, 427.016 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Darm, Executive Director, Commission for the Transportation Disadvantaged, 2740 Centerview Drive, Suite 1A, Tallahassee, Florida 32301, or by email [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

41-2.014 Grants Program.

(1) through (3) No change.

(4) Distribution of Grant Funds. On or about December 15 of Eeach year, the Commission shall allocate a portion identified as the Grants Program of the Transportation Disadvantaged Trust Fund in the following manner:

(a) through (c) No change.

(5) Distribution of Trip and Equipment Related Grant Funds. Each eligible applicant’s allocation will be determined for the county or counties within the designated service area for which the applicant provides coordinated transportation disadvantaged services.

(a) In order to maintain system and service stability, the Commission’s Fiscal Year 99/00 Allocation of Trip and Equipment Grant Funds, dated 02/99, incorporated herein by reference, shall be the base allocation for each subsequent year’s distribution for trip and equipment related grant funds. No county shall receive less than the base allocation unless the Commission’s five year cash-flow forecast falls below the Fiscal Year 99/00 levels allocated to the trip and equipment grant related program.

(b) If the level of funding available for distribution to the trip and equipment grant program falls below the base as stated in paragraph 41-2.014(5)(a), F.A.C., a proportionate adjustment to the base allocation will be made. Such adjustment will be based on the five year cash-flow forecast of the Commission, and each county’s share of the Fiscal Year 99/00 trip and equipment related grant allocation.

(a)(c) Allocation of additional trip and equipment grant funds above the amount used in the base allocation will be allocated to eligible applicants shall be based on a comparative ranking of all eligible applicants in each of the following four categories:

1. The county’s total transportation disadvantaged eligible population as a percentage of the state’s total transportation disadvantaged eligible population, based on the U.S. Census Bureau American Community Survey 5-Year Population Estimates.  applicant’s total county area in square miles as a percentage of the total square miles of all eligible applicants.

2. The county’s total centerline miles of public roads as a percentage of the state’s total centerline miles of public roads, based on public mileage data reported by the Federal Highway Administration.  Total system passenger trips provided as a percentage of all eligible applicant trips reported.

3. The county’s total transportation disadvantaged services provided by trip and equipment grant funds as a percentage of the state’s total transportation disadvantaged services provided by trip and equipment grant funds, as reported on the invoices submitted by applicants for reimbursement under the trip and equipment grant program.  Total system vehicle miles traveled as a percentage of all eligible applicants vehicle miles traveled and reported.

4. The county’s total allocated amount of trip and equipment grant flunds as a percentage of the state’s total allocated amount of trip and equipment grant funds, based on allocated amounts from the previous fiscal year.  Total county population as a percentage of the total population of all eligible applicants.

(b)(d) For the 2021-2022 fiscal year, each category shall represent the following percentages of the state’s total allocated amount for the trip and equipment grant program:  Each category will represent one fourth of the trip related grant funds.

1. 2.5% based on the state’s total transportation disadvantaged eligible population.

2. 2.5% based on the state’s total centerline miles of public roads.

3. 1.5% based on the state’s total transportation disadvantaged services provided by trip and equipment grant funds.

4. 80% based on the state’s total allocated amount from the 2020-2021 fiscal year.

(c) For the 2022-2023 fiscal year and each fiscal year thereafter, each category shall represent the following percentages of the state’s total allocated amount for the trip and equipment grant program:

1. 5% based on the state’s total transportation disadvantaged eligible population.

2. 5% based on the state’s total centerline miles of public roads.

3. 5% based on the state’s total transportation disadvantaged services provided by trip and equipment grant funds.

4. 60% based on the state’s total allocated amount from the previous fiscal year.

(d) The Commission, in calculating allocated amounts, shall weigh each dataset described in subsection (5)(a) as follows:

1. Every person identified within the state’s transportation disadvantaged population shall be weighted equally.

2. Every centerline mile of the state’s public roads shall be weighted equally.

3. Each trip and mile provided by trip and equipment grant funds shall be weighted relative to the unit cost at which they are reimbursed.  Each bus pass purchased with trip and equipment grant funds shall be weighted higher than the unit cost at which they are reimbursed in order to incentivize their use in service areas where a fixed-route system is available.

(e) Fund allocations pursuant to subparagraph (5)(a) of this rule shall be administered each fiscal year based on available date from the previous year or applicable period as determined by the Commission. The latest required operational statistics report which is submitted by September 15 of each year will be used for obtaining the applicant’s coordinated vehicle miles and coordinated passenger trips data. For purpose of this section, coordinated vehicle miles or passenger trips shall not include those services provided through an approved transportation alternative.

(6) through (7) No change. 

(8) All grant applicants will provide their request for funds to the Commission no later than October 1 each year, unless otherwise approved by the Commission.

(9) No change.

Rulemaking Authority 427.013(9), 427.013(10) FS. Law Implemented 427.013, 427.0159, 427.016 FS. History–New 5-2-90, Amended 6-17-92, 7-21-93, 6-26-94, 10-1-96, 3-10-98, 1-13-04, 8-5-18,                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Commission for the Transportation Disadvantaged

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commission for the Transportation Disadvantaged

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 28, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 9, 2020