S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2978
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred 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.
                                                            LBD00950-01-9
              

 A. 2978                             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.

 A. 2978                             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.

 A. 2978                             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%

 A. 2978                             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.
   § 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.

 A. 2978                             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.
   § 3. This act shall take effect immediately.