senate Bill S403

2013-2014 Legislative Session

Relates to computing the service payment paid to certain public transportation systems

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S403 - Bill Details

See Assembly Version of this Bill:
A1433
Current Committee:
Law Section:
Transportation Law
Laws Affected:
Amd §18-b, Transp L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1335, A1342
2009-2010: A6475, S6475, A11634

S403 - Bill Texts

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Relates to computing the service payment paid to certain public transportation systems.

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BILL NUMBER:S403

TITLE OF BILL:
An act
to amend the transportation law, in relation to computing the service
payment paid to certain public transportation systems

PURPOSE OR GENERAL IDEA OF BILL:
To update the State Transportation
Operating Assistance (STOA) program as it relates to state support of
bus authorities (not including the MTA) to provide incentives for
more efficient use of public funds and better service to those who
ride public buses. This legislation is designed to provide a model
for the operation of all transportation authorities by ensuring
optimal service and low fares to the rider while maximizing the use
of state funds.

SUMMARY OF SPECIFIC PROVISIONS:
This legislation will enact an updated
method for the distribution of state funding to the non-MTA bus
authorities. The new formula will be performance based in that it
will encourage public bus systems to meet certain standards when
providing public bus service to its riders. However, to ensure that
no authority is penalized or treated unfairly, the new formula will
take into account the need for supplemental or discretionary aid as
well as a consistent level of base aid for all authorities.

The three main distribution components of the performance based state
aid are: Base Aid, Performance Aid and Discretionary Aid.

Base Aid will consist of 80% of total service payments available. It
will be distributed based upon the respective Authority's allocable
percentage share of the total ridership, population of service area,
and square miles of service area. Each measure is weighted based upon
its relative importance. The respective weights are as follows:
Ridership 85%; Population of Service Area 7.5%; and Square Miles of
Service Area 7.5%.

Performance Aid will consist of 15% of total service payments
available. It will be distributed based upon the sum of the
respective Authority's percentage share of each weighted category.
The Authority's percentage share for each category shall be computed
based on the rank order assigned to the Authority for each category.
The following are the categories of measurement and weighted share:
Ridership to revenue vehicle miles 20%; Total expenses to ridership
20%; Total expenses to total vehicle hours 20%; Service Payment to
total expenses 15%;
Customer Satisfaction 15%; and Fare Affordability (ratio of fare to
median income) 10%. The following are the percentage share awarded
for each rank: Rank 1 31%; Rank 2 27%; Rank 3 23%; and Rank 4 19%.

Discretionary Aid will consist of 5% of the total service payments
available. The Commissioner of the New York State Department of
Transportation will have the flexibility and the discretion to
determine the share of discretionary aid payable to each applicant, if
any.


JUSTIFICATION:
Historical allocations of State Transportation
Operating Assistance (STOA) have been based upon a subjective needs
based formula. This approach can have the unintended effect of
rewarding authorities that operate in an inefficient manner and
penalizes those who operate efficiently. Reforming the funding model
is a catalyst that will support the growth of the local economy
across the state.

Moreover, this legislation highlights the importance of high
performance and a quality return to the taxpayer. The notion of
performance based state aid causes each authority to focus on
measures that will drive service effectiveness, cost effectiveness,
cost efficiency, service quality, service affordability, and a
reduced reliance on taxpayer subsidies.

Public Transportation is a lifeline for many in our communities and
provides various tangible benefits far above than those to the direct
customer. The investment in public transportation; promotes commerce;
eases congestion; is environmentally friendly; creates and sustains
jobs; affordable to the general population, and provides access to
people with disabilities.

The progressive approach in that allocation of STOA will send a strong
message across the state that accountability can be measured.
Transportations Authorities will enact better financial management
practices and make stronger efforts to achieve efficiencies that will
provide a model for all public authorities.

The distribution model has been developed so that if an agency ranks
lowest in all six performance measurement categories the Commissioner
can hold them harmless with a larger portion of the 5% discretionary
aid available.

PRIOR LEGISLATIVE HISTORY:
2011/12: S.1335/A.1342
2010: S.6475/A.11634

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately upon enactment.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   403

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in  relation  to  computing  the
  service payment paid to certain public transportation systems

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 18-b of the transportation law, as
added by chapter 56 of the laws of 1975,  paragraph  (iv)  as  added  by
chapter 791 of the laws of 1975, is amended to read as follows:
  3.  [The]  A.  EXCEPT AS SET FORTH IN PARAGRAPH B OF THIS SUBDIVISION,
THE quarterly service payment made to any public  transportation  system
shall  not  be  greater  than  a  sum  computed  in one of the following
manners:
  (i) In the case of commuter rail, by adding the  certified  number  of
commuter  rail  passengers multiplied by two cents per passenger and the
certified number of commuter rail vehicle or  car  miles  multiplied  by
twenty-five cents per vehicle or car mile.
  (ii)  In  the case of subway or rapid transit, by adding the certified
number of subway or rapid transit passengers multiplied by two cents per
passenger and the certified numbers of subway or rapid  transit  vehicle
or car miles multiplied by eight cents per vehicle or car mile.
  (iii)  In the case of bus lines, by adding the certified number of bus
passengers multiplied by two  cents  per  passenger  and  the  certified
number  of  bus  miles  multiplied  by seven cents per bus mile. For the
purposes of computing quarterly service payments  only  mileage  accumu-
lated  in  revenue service shall be used. [Whenever] EXCEPT AS SET FORTH
IN PARAGRAPH B OF THIS SUBDIVISION, WHENEVER it  is  determined  by  the
commissioner  that the amount of money appropriated for service payments
is less than the total amount of money for which all public  transporta-
tion systems are eligible, the commissioner may establish on a quarterly

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00672-01-3

S. 403                              2

or  annual  basis,  a  maximum service payment limit which is lower than
that provided for in this section.
  (iv)  In  the  case of commuter ferry lines with the authorization for
payment thereof for the fiscal year nineteen hundred seventy-five--nine-
teen hundred seventy-six to be in the discretion of the commissioner, by
adding the certified number of annual ferry passengers multiplied by two
cents per passenger, times the certified number of annual nautical ferry
miles, times two-one hundred thousandths. [For] EXCEPT AS SET  FORTH  IN
PARAGRAPH B OF THIS SUBDIVISION, FOR the purposes of computing quarterly
service  payments  only  mileage accumulated in revenue service shall be
used.
  B. IN THE CASE OF BUS LINES PROVIDED OR CONTRACTED FOR  THE  PROVISION
OF (UNDER JOINT SUPPORT ARRANGEMENT) MASS TRANSPORTATION SERVICES BY THE
ROCHESTER  GENESEE  REGIONAL  TRANSPORTATION  AUTHORITY, THE CENTRAL NEW
YORK REGIONAL TRANSPORTATION AUTHORITY, THE NIAGARA FRONTIER TRANSPORTA-
TION AUTHORITY OR THE CAPITAL  DISTRICT  TRANSPORTATION  AUTHORITY,  THE
SERVICE  PAYMENT  MADE TO EACH APPLICANT THAT MAKES APPLICATION THEREFOR
SHALL BE THE AMOUNT EQUAL TO THE SUM OF THE APPLICANT'S  SHARE  OF  BASE
AID  DETERMINED  IN  ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH,
THE AMOUNT OF DISCRETIONARY AID PAYABLE TO THE APPLICANT  AS  DETERMINED
BY  THE  COMMISSIONER IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARA-
GRAPH AND THE APPLICANT'S SHARE OF PERFORMANCE AID DETERMINED IN ACCORD-
ANCE WITH SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  "APPLICANT" SHALL MEAN THE ROCHESTER GENESEE  REGIONAL  TRANSPORTATION
AUTHORITY,  THE  CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, THE
NIAGARA FRONTIER  TRANSPORTATION  AUTHORITY  AND  THE  CAPITAL  DISTRICT
TRANSPORTATION AUTHORITY.
  "APPLICANT  SHARE"  SHALL  MEAN RESPECTIVE AMOUNT OF BASE AID, DISCRE-
TIONARY AID OR PERFORMANCE AID PAYABLE TO AN APPLICANT AND  COMPUTED  IN
ACCORDANCE WITH SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARAGRAPH.
  "BASE  AID" SHALL MEAN EIGHTY PERCENT OF THE AGGREGATE AMOUNT OF MONEY
APPROPRIATED FOR SERVICE PAYMENTS FOR BUS LINES PROVIDED  OR  CONTRACTED
FOR  THE PROVISION OF (UNDER JOINT SUPPORT ARRANGEMENT) MASS TRANSPORTA-
TION SERVICES BY THE ROCHESTER GENESEE REGIONAL TRANSPORTATION  AUTHORI-
TY,  THE CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY, THE NIAGARA
FRONTIER TRANSPORTATION AUTHORITY OR THE CAPITAL DISTRICT TRANSPORTATION
AUTHORITY.
  "DISCRETIONARY AID" SHALL MEAN FIVE PERCENT OF THE AGGREGATE AMOUNT OF
MONEY APPROPRIATED FOR  SERVICE  PAYMENTS  FOR  BUS  LINES  PROVIDED  OR
CONTRACTED  FOR  THE PROVISION OF (UNDER JOINT SUPPORT ARRANGEMENT) MASS
TRANSPORTATION SERVICES BY THE ROCHESTER GENESEE REGIONAL TRANSPORTATION
AUTHORITY, THE CENTRAL NEW YORK REGIONAL TRANSPORTATION  AUTHORITY,  THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY OR THE CAPITAL DISTRICT TRANS-
PORTATION AUTHORITY.
  "PERFORMANCE  AID"  SHALL MEAN FIFTEEN PERCENT OF THE AGGREGATE AMOUNT
OF MONEY APPROPRIATED FOR SERVICE PAYMENTS FOR  BUS  LINES  PROVIDED  OR
CONTRACTED  FOR  THE PROVISION OF (UNDER JOINT SUPPORT ARRANGEMENT) MASS
TRANSPORTATION SERVICES BY THE ROCHESTER GENESEE REGIONAL TRANSPORTATION
AUTHORITY, THE CENTRAL NEW YORK REGIONAL TRANSPORTATION  AUTHORITY,  THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY OR THE CAPITAL DISTRICT TRANS-
PORTATION AUTHORITY.
  "SERVICE  AREA"  SHALL  MEAN  THE  GEOGRAPHIC AREA SERVED BY BUS LINES
PROVIDED OR  CONTRACTED  FOR  THE  PROVISION  OF  (UNDER  JOINT  SUPPORT
ARRANGEMENT) MASS TRANSPORTATION SERVICES BY THE APPLICANT.

S. 403                              3

  "SERVICE  PAYMENT"  SHALL  MEAN  THE  AMOUNT  OF STATE ASSISTANCE MADE
AVAILABLE TO AN ELIGIBLE PUBLIC TRANSPORTATION SYSTEM BY THE COMMISSION-
ER, WITHIN THE PROVISIONS AND LIMITS OF THIS SECTION AND APPROPRIATIONS.
  (I)  BASE  AID. THE APPLICANT'S SHARE OF BASE AID SHALL BE THE SUM OF:
(A) THE APPLICANT'S ALLOCABLE SHARE OF RIDERSHIP;  (B)  THE  APPLICANT'S
ALLOCABLE SHARE OF SERVICE AREA; AND (C) THE APPLICANT'S ALLOCABLE SHARE
OF POPULATION OF SERVICE AREA.
  "ALLOCABLE SHARE OF POPULATION OF SERVICE AREA" SHALL MEAN THE PRODUCT
OF:  (A) A PERCENTAGE EQUAL TO THE POPULATION OF THE SERVICE AREA OF THE
APPLICANT DIVIDED BY THE AGGREGATE POPULATION OF THE  SERVICE  AREAS  OF
ALL  APPLICANTS;  AND (B) THE AMOUNT EQUAL TO SEVEN AND ONE-HALF PERCENT
OF BASE AID.
  "ALLOCABLE SHARE OF RIDERSHIP" SHALL MEAN WITH RESPECT TO EACH  APPLI-
CANT THE PRODUCT OF:  (A) A PERCENTAGE EQUAL TO AN APPLICANT'S RIDERSHIP
DIVIDED BY THE AGGREGATE RIDERSHIP OF ALL APPLICANTS; AND (B) THE AMOUNT
EQUAL TO EIGHTY-FIVE PERCENT OF BASE AID.
  "ALLOCABLE  SHARE  OF  SERVICE  AREA" SHALL MEAN THE PRODUCT OF: (A) A
PERCENTAGE EQUAL TO THE AGGREGATE SQUARE MILES OF AN APPLICANT'S SERVICE
AREA DIVIDED BY THE AGGREGATE SQUARE MILES OF THE SERVICE AREAS  OF  ALL
APPLICANTS;  AND  (B)  THE AMOUNT EQUAL TO SEVEN AND ONE-HALF PERCENT OF
BASE AID.
  (II) DISCRETIONARY AID. THE COMMISSIONER SHALL DETERMINE THE SHARE  OF
DISCRETIONARY AID PAYABLE TO EACH APPLICANT.
  (III)  PERFORMANCE AID. THE APPLICANT'S SHARE OF PERFORMANCE AID SHALL
BE AN AMOUNT EQUAL TO THE SUM OF THE  APPLICANT'S  PERCENTAGE  SHARE  OF
EACH  CATEGORY.  THE APPLICANT'S PERCENTAGE SHARE OF EACH CATEGORY SHALL
BE COMPUTED BASED ON THE RANK ORDER ASSIGNED TO THE APPLICANT  FOR  EACH
CATEGORY.
  "BUS  VEHICLE" SHALL MEAN A BUS VEHICLE PROVIDED OR CONTRACTED FOR THE
PROVISION OF  (UNDER  JOINT  SUPPORT  ARRANGEMENT)  MASS  TRANSPORTATION
SERVICES BY THE APPLICANT.
  "CATEGORY"  SHALL  MEAN  WITH  RESPECT  TO  PERFORMANCE AID: (A) TOTAL
EXPENSES TO RIDERSHIP; (B) TOTAL EXPENSES TO TOTAL  VEHICLE  HOURS;  (C)
SERVICE PAYMENT TO TOTAL EXPENSES; (D) FARE AFFORDABILITY; (E) RIDERSHIP
TO REVENUE VEHICLE MILES; AND (F) CUSTOMER SATISFACTION.
  "CUSTOMER  SATISFACTION"  SHALL MEAN THE PERCENTAGE OF SATISFACTION OF
APPLICANT'S CUSTOMERS AS MEASURED BY CUSTOMER SURVEYS CONDUCTED ANNUALLY
BY AN INDEPENDENT PERSON WITH SAMPLING AND METHODS CUSTOMARILY USED  AND
REASONABLY  DETERMINED  BY  THE COMMISSIONER TO BE SUFFICIENT TO MEASURE
CUSTOMER SATISFACTION. CUSTOMER SURVEYS SHALL MEASURE  THE  SATISFACTION
OF  CUSTOMERS  BY  THE  PERCENTAGES OF CUSTOMERS SURVEYED REPORTING THAT
THEY ARE NOT SATISFIED, SOMEWHAT SATISFIED, SATISFIED OR VERY  SATISFIED
IN  THE  AREAS OF: (A) OVERALL PERFORMANCE; (B) BUS ON TIME ARRIVAL; (C)
DRIVER COURTESY AND HELPFULNESS; (D) BUSES STOPPING AND NOT PASSING  BY;
(E) CLEANLINESS OF BUSES; (F) CLARITY AND TIMELINESS OF ANNOUNCEMENTS OF
STOPS;  (G) EASE OF PAYING FARE; (H) EASE OF PURCHASING PASSES; (I) EASE
OF READING ROUTE MAPS AND BUS SCHEDULES;  AND  (J)  EASE  OF  CONTACTING
APPLICANT.  THE  PERCENTAGES  OF  SATISFACTION  IN  EACH  AREA  SHALL BE
REPORTED BY THE APPLICANT TO THE COMMISSIONER PURSUANT TO PARAGRAPH C OF
SUBDIVISION FOUR OF THIS SECTION. THE PORTION OF PERFORMANCE AID ALLOCA-
BLE TO THE CATEGORY OF CUSTOMER SATISFACTION SHALL EQUAL THE PRODUCT OF:
(X) THE PERCENTAGE SHARE ASSIGNED TO THE APPLICANT  BASED  ON  ITS  RANK
ORDER IN THE CATEGORY OF CUSTOMER SATISFACTION; AND (Y) THE AMOUNT EQUAL
TO FIFTEEN PERCENT OF AGGREGATE PERFORMANCE AID.
  "DEADHEAD  MILEAGE"  SHALL  HAVE THE MEANING GIVEN TO SUCH TERM IN THE
REGULATIONS OF THE COMMISSIONER.

S. 403                              4

  "EXPENSES" SHALL MEAN THE AGGREGATE EXPENSES, AS MAY BE DETERMINED  BY
THE  COMMISSIONER,  EITHER DIRECTLY OR INDIRECTLY INCURRED BY THE APPLI-
CANT FROM, OR IN CONNECTION WITH, THE OPERATION OF PUBLIC TRANSPORTATION
SERVICES DURING THE APPLICANT'S FISCAL YEAR, INCLUDING BUT NOT NECESSAR-
ILY  LIMITED TO:  TRANSPORTATION EXPENSES (WAGES, FRINGE BENEFITS, FUEL,
OIL, ETC.); MAINTENANCE AND  GARAGE  EXPENSES  (REPAIRS,  TIRES,  ETC.);
STATION  EXPENSES  (SUPPLIES  AND  EXPENSES  RELATING  THERETO); TRAFFIC
EXPENSES (TICKETS, ADVERTISING, ETC.); INSURANCE  AND  SAFETY  EXPENSES;
MARKETING, ADVERTISING AND OTHER REASONABLE EXPENSES DIRECTLY RELATED TO
THE  PROVISION OF PUBLIC TRANSPORTATION SERVICE AND A REASONABLE PORTION
OF GENERAL ADMINISTRATION EXPENSES  INCLUDING  AUDITING  COSTS.  CAPITAL
EXPENSES, AND DEPRECIATION ON THE PORTION OF PLANT ASSETS PURCHASED WITH
GOVERNMENT FUNDS, ARE NOT CONSIDERED ALLOWABLE EXPENSES FOR THE PURPOSES
OF THIS PROGRAM.
  "FARE"  SHALL  MEAN  THE  HIGHEST  ONE-WAY  CASH FARE PAID BY AN ADULT
PASSENGER UPON BOARDING A BUS VEHICLE.
  "FARE AFFORDABILITY" SHALL MEAN THE RATIO DETERMINED BY  DIVIDING  THE
FARE  BY  MEDIAN  INCOME OF THE APPLICANT'S SERVICE AREA. THE PORTION OF
PERFORMANCE AID ALLOCABLE TO THE CATEGORY OF  FARE  AFFORDABILITY  SHALL
EQUAL THE PRODUCT OF: (A) THE PERCENTAGE SHARE ASSIGNED TO THE APPLICANT
BASED  ON  ITS RANK ORDER IN THE CATEGORY OF FARE AFFORDABILITY; AND (B)
THE AMOUNT EQUAL TO TEN PERCENT OF AGGREGATE PERFORMANCE AID.
  "MEDIAN INCOME" SHALL MEAN THE AVERAGE OF THE MEDIAN  INCOME  REPORTED
BY  THE  UNITED  STATES  CENSUS  BUREAU IN THE MOST RECENT UNITED STATES
CENSUS FOR ALL CENSUS TRACTS WITHIN THE SERVICE AREA.
  "POPULATION OF SERVICE AREA" SHALL MEAN THE POPULATION OF THE  SERVICE
AREA  AS  ESTIMATED IN JULY OF THE APPLICANT'S FISCAL YEAR BY THE UNITED
STATES CENSUS BUREAU OR IF THE UNITED STATES CENSUS BUREAU  SHALL  ESTI-
MATE POPULATION OF THE SERVICE AREA IN A DIFFERENT MONTH THAN JULY, SUCH
MONTH.
  "RANK  ORDER" SHALL MEAN THE RANK OF ONE, TWO, THREE, OR FOUR ASSIGNED
TO EACH APPLICANT FOR EACH CATEGORY. THERE SHALL  BE  ASSIGNED  TO  EACH
APPLICANT A RANK ORDER FROM ONE TO FOUR IN EACH OF THE FOLLOWING CATEGO-
RIES  WITH THE LOWEST RATIO IN EACH CATEGORY BEING ASSIGNED A RANK ORDER
OF ONE, THE NEXT LOWEST IN EACH CATEGORY BEING ASSIGNED A RANK ORDER  OF
TWO,  THE  HIGHEST RATIO IN EACH CATEGORY BEING ASSIGNED A RANK ORDER OF
FOUR AND SO ON: RATIO OF TOTAL EXPENSES TO  RIDERSHIP;  RATIO  OF  TOTAL
EXPENSES  TO  TOTAL  VEHICLE  HOURS;  RATIO  OF SERVICE PAYMENT TO TOTAL
EXPENSES; AND FARE AFFORDABILITY. THERE SHALL BE ASSIGNED TO EACH APPLI-
CANT A RANK ORDER FROM ONE TO FOUR IN THE CATEGORY OF RATIO OF RIDERSHIP
TO REVENUE VEHICLE MILES WITH THE LOWEST RATIO IN  SUCH  CATEGORY  BEING
ASSIGNED  A  RANK  ORDER OF FOUR, THE NEXT LOWEST RATIO IN SUCH CATEGORY
BEING ASSIGNED A RANK ORDER OF THREE, THE HIGHEST RATIO IN SUCH CATEGORY
BEING ASSIGNED A RANK ORDER OF ONE AND  SO ON. THERE SHALL  BE  ASSIGNED
TO  EACH  APPLICANT  A  RANK  ORDER  FROM ONE TO FOUR IN THE CATEGORY OF
CUSTOMER SATISFACTION WITH THE APPLICANT REPORTING THE HIGHEST  PERCENT-
AGE  OF  SATISFIED  OR  VERY  SATISFIED  CUSTOMERS  IN THE AREA OF TOTAL
PERFORMANCE BEING ASSIGNED A RANK ORDER OF ONE, THE APPLICANT  REPORTING
THE  NEXT HIGHEST PERCENTAGE OF SATISFIED OR VERY SATISFIED CUSTOMERS IN
THE AREA OF TOTAL PERFORMANCE BEING ASSIGNED A RANK ORDER OF TWO, AND SO
ON. EACH APPLICANT SHALL RECEIVE A PERCENTAGE SHARE OF  PERFORMANCE  AID
ALLOCATED TO A CATEGORY BASED ON THE RANK ORDER ASSIGNED TO SUCH CATEGO-
RY AS FOLLOWS:
RANK ORDER                         PERCENTAGE SHARE OF CATEGORY
     1                                        31%
     2                                        27%

S. 403                              5

     3                                        23%
     4                                        19%
  "REVENUE  VEHICLE  MILE"  SHALL  MEAN  THE MOVEMENT OF ONE BUS VEHICLE
PROVIDING MASS TRANSPORTATION SERVICES FOR A DISTANCE  OF  ONE  MILE  OF
REVENUE  SERVICE.  DEADHEAD  MILEAGE  IS  NOT  ELIGIBLE  FOR CALCULATING
SERVICE PAYMENTS.
  "RIDERSHIP" SHALL MEAN THE AGGREGATE NUMBER OF  PASSENGERS  WHO  BOARD
BUS  VEHICLES  DURING  THE  FISCAL YEAR OF THE APPLICANT. PASSENGERS ARE
COUNTED EACH TIME THEY BOARD BUS VEHICLES NO MATTER HOW MANY  BUS  VEHI-
CLES THEY USE TO TRAVEL FROM THEIR ORIGIN TO THEIR DESTINATION.
  "RIDERSHIP  TO  REVENUE VEHICLE MILES" SHALL MEAN THE RATIO DETERMINED
BY DIVIDING RIDERSHIP BY AGGREGATE  REVENUE  VEHICLE  MILES  DURING  THE
APPLICANT'S FISCAL YEAR. THE PORTION OF PERFORMANCE AID ALLOCABLE TO THE
CATEGORY  OF  RIDERSHIP TO REVENUE VEHICLE MILES SHALL EQUAL THE PRODUCT
OF: (A) THE PERCENTAGE SHARE ASSIGNED TO THE APPLICANT BASED ON ITS RANK
ORDER IN THE CATEGORY OF RIDERSHIP TO REVENUE VEHICLE MILES; AND (B) THE
AMOUNT EQUAL TO TWENTY PERCENT OF AGGREGATE PERFORMANCE AID.
  "SERVICE PAYMENT TO TOTAL EXPENSES" SHALL MEAN THE RATIO DETERMINED BY
DIVIDING THE ANNUAL SERVICE PAYMENT RECEIVED BY THE APPLICANT DURING ITS
FISCAL YEAR DIVIDED BY EXPENSES FOR SUCH FISCAL  YEAR.  THE  PORTION  OF
PERFORMANCE  AID  ALLOCABLE  TO THE CATEGORY OF SERVICE PAYMENT TO TOTAL
EXPENSES SHALL EQUAL THE PRODUCT OF: (A) THE PERCENTAGE  SHARE  ASSIGNED
TO  THE  APPLICANT  BASED  ON  ITS RANK ORDER IN THE CATEGORY OF SERVICE
PAYMENT TO TOTAL EXPENSES; AND (B) THE AMOUNT EQUAL TO  FIFTEEN  PERCENT
OF AGGREGATE PERFORMANCE AID.
  "TOTAL  EXPENSES  TO  RIDERSHIP"  SHALL  MEAN  THE RATIO DETERMINED BY
DIVIDING EXPENSES BY RIDERSHIP. THE PORTION OF PERFORMANCE AID ALLOCABLE
TO THE CATEGORY OF TOTAL EXPENSES TO RIDERSHIP SHALL EQUAL  THE  PRODUCT
OF: (A) THE PERCENTAGE SHARE ASSIGNED TO THE APPLICANT BASED ON ITS RANK
ORDER IN THE CATEGORY OF TOTAL EXPENSES TO RIDERSHIP; AND (B) THE AMOUNT
EQUAL TO TWENTY PERCENT OF AGGREGATE PERFORMANCE AID.
  "TOTAL  EXPENSES  TO  TOTAL VEHICLE HOURS" SHALL MEAN THE RATIO DETER-
MINED BY DIVIDING EXPENSES BY AGGREGATE VEHICLE HOURS DURING THE  APPLI-
CANT'S  FISCAL  YEAR.  THE  PORTION  OF PERFORMANCE AID ALLOCABLE TO THE
CATEGORY OF TOTAL EXPENSES TO TOTAL VEHICLE HOURS SHALL EQUAL THE  PROD-
UCT  OF: (A) THE PERCENTAGE SHARE ASSIGNED TO THE APPLICANT BASED ON ITS
RANK ORDER IN THE CATEGORY OF TOTAL EXPENSES TO TOTAL VEHICLE HOURS; AND
(B) THE AMOUNT EQUAL TO TWENTY PERCENT OF PERFORMANCE AID.
  "VEHICLE HOURS" SHALL MEAN THE HOURS A BUS VEHICLE  TRAVELS  FROM  THE
TIME IT PULLS OUT FROM ITS GARAGE TO GO INTO REVENUE SERVICE TO THE TIME
IT PULLS IN FROM REVENUE SERVICE.
  S 2. Subdivision 4 of section 18-b of the transportation law, as added
by chapter 56 of the laws of 1975, is amended to read as follows:
  4.  a.   [All] EXCEPT AS SET FORTH IN PARAGRAPH C OF THIS SUBDIVISION,
ALL service payments shall be made upon an  application  of  the  public
transportation  system.  Such  application  shall  be  filed between the
second and the seventeenth day of the first month of each quarter.  Upon
application, the chief executive officer of each  public  transportation
system shall certify to the commissioner, the total number of passengers
such system estimates that it will carry and the total number of vehicle
or  car  miles  such  system estimates that its equipment will travel in
revenue service during the quarter for which such installment is  to  be
paid.
  Upon  receipt  and approval of such application and certifications the
commissioner shall, by the tenth day of the next succeeding  month,  pay
to the public transportation operator, the quarterly service payment.

S. 403                              6

  b.  [The]  EXCEPT AS SET FORTH IN PARAGRAPH C OF THIS SUBDIVISION, THE
chief executive officer of each public transportation system receiving a
quarterly service payment pursuant to this section shall certify to  the
commissioner, within fifteen days after the end of the quarter for which
a  service  payment  was received, the actual total number of passengers
carried by the system during such quarter and the actual  total  vehicle
or  car  miles the system's equipment traveled in revenue service during
such quarter, and based upon such actual totals, the commissioner  shall
make such adjustments as may be appropriate in the amount of the service
payment for such system for the succeeding quarter.
  C.  IN  THE CASE OF BUS LINES PROVIDED OR CONTRACTED FOR THE PROVISION
OF (UNDER JOINT SUPPORT ARRANGEMENT) MASS TRANSPORTATION SERVICES BY THE
ROCHESTER GENESEE REGIONAL TRANSPORTATION  AUTHORITY,  THE  CENTRAL  NEW
YORK REGIONAL TRANSPORTATION AUTHORITY, THE NIAGARA FRONTIER TRANSPORTA-
TION  AUTHORITY  OR  THE  CAPITAL DISTRICT TRANSPORTATION AUTHORITY, ALL
SERVICE PAYMENTS SHALL BE MADE UPON APPLICATION OF THE PUBLIC  TRANSPOR-
TATION  SYSTEM. SUCH APPLICATION SHALL BE FILED WITHIN NINETY DAYS AFTER
THE END OF EACH FISCAL YEAR OF THE PUBLIC TRANSPORTATION SYSTEM ACCOMPA-
NIED BY THE AUDITED ANNUAL FINANCIAL REPORT OF THE PUBLIC TRANSPORTATION
SYSTEM. THE APPLICATION SHALL CONTAIN THE INFORMATION REQUIRED BY  PARA-
GRAPH  B  OF  SUBDIVISION  THREE  OF  THIS SECTION AND SHALL COMPUTE THE
PUBLIC TRANSPORTATION SYSTEM'S SHARE OF BASE AID  AND  PERFORMANCE  AID.
THE  CHIEF  EXECUTIVE OFFICER OF EACH PUBLIC TRANSPORTATION SYSTEM SHALL
CERTIFY TO THE COMMISSIONER THE INFORMATION SET FORTH IN THE APPLICATION
AND APPLICANT'S SHARE OF BASE AID AND PERFORMANCE AID COMPUTED  THEREIN.
UPON RECEIPT OF THE APPLICATION AND CERTIFICATION THE COMMISSIONER SHALL
DETERMINE  THE  APPLICANT'S SHARE OF DISCRETIONARY AID TO BE PAID TO THE
PUBLIC TRANSPORTATION SYSTEM. THE QUARTERLY   SERVICE  PAYMENT  FOR  THE
FOLLOWING FISCAL YEAR OF THE PUBLIC TRANSPORTATION SYSTEM SHALL BE EQUAL
TO  THE  SUM  OF  ONE-QUARTER  OF  THE APPLICANT'S SHARE OF BASE AID AND
PERFORMANCE AID BASED ON THE INFORMATION SET FORTH  IN  THE  APPLICATION
AND ONE-QUARTER OF THE APPLICANT'S SHARE OF DISCRETIONARY AID DETERMINED
BY THE COMMISSIONER.  THE COMMISSIONER SHALL, BY THE TENTH DAY OF APRIL,
JULY,  OCTOBER  AND  JANUARY  IN  THE NEXT SUCCEEDING FISCAL YEAR OF THE
PUBLIC TRANSPORTATION SYSTEM, PAY TO THE PUBLIC  TRANSPORTATION  SYSTEM,
THE QUARTERLY SERVICE PAYMENT.
  S 3. This act shall take effect immediately.

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