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each regional regional transportation authority and other major public transportation systems receiving mass transportation operating assistance shall be submitted on or before August fifteenth, nineteen hundred eighty-five in the format prescribed by the commissioner.

Payments pursuant to this appropriation may be made in quarterly installments as provided in subdivision two of section eighteen-b of the transportation law or in such other manner and at such other times as the commissioner of transportation, with the approval of the director of the budget, may provide; and where payment is not made in the manner provided by such subdivision two, the matching payments required of any city, county, Indian tribe or intercity bus company pursuant to this appropriation shall be determined on the basis of the installment payments actually made or such other basis as may be agreed upon by the commissioner of transportation, the director of the budget, and the chief executive officer of such city, county, Indian tribe or intercity bus company.

The commissioner shall be required to certify in writing to the director of the budget as to the economy, efficiency, and effectiveness of each public transportation system that provided more than one million vehicle, car ΟΙ nautical miles of local revenue service or carried more than one million revenue passengers in the preceding state fiscal years. Copies of such certifications shall be submitted to the chairmen of the senate finance and assembly ways and means committees concurrent with submission to the director of the budget. In order to effectively review economy, efficiency, and effectiveness, major local public transportation systems shall annually be required to submit to the commissioner an updated service and fare policy plan, operational data and any other information deemed necessary, in accordance with a format and schedule specified by the

commissioner.

The commissioner may withhold future state operating assistance payments by up to one-third to public transportation systems that do not provide such information and may also reduce future payments by up to one-third public transportation systems that are not certified by the commissioner as operating in an economical, efficient and effective manner.

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In cases where the state payment is reduced due to failure of the system to satisfy such requirements, the local matching payment shall be reduced by an equal percentage of the lower state payment.

The

chief executive officer of each public transportation system receiving a payment pursuant to this appropriation shall certify to the commissioner, in addition to information required by section eighteen-b of the transportation law, such other information as the commissioner shall determine is necessary to carry out the

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purposes of this appropriation and prescribed in the manner set forth below. The commissioner may prescribe, subject to the approval of the director of the budget, such regulations as deemed necessary and appropriate to effect the purposes of this appropriation including but not limited to criteria to measure the economy, efficiency and effectiveness of public transportation systems and adjustment of such payments to private operators in cases where more than a reasonable return based on equity and operating revenues has resulted in the operators' prior years. Additionally, criteria may also address such concerns as the utility and costeffectiveness of such services, and the degree to which services are coordinated with other public transportation services. Payments from this appropriation shall be in accordance with such regulations and shall be administered in such a manner as to encourage the participating public transportation systems to provide such services economically, efficiently and effectively. municipalities or Indian tribes that propose to allocate service payments to operators on a basis other than the amount earned by the service payment formula included in this appropriation shall be required to describe the proposed method to be utilized and submit it to the commissioner in writing for his review and approval prior to the distribution of such aid. The commissioner shall only approve alternate distribution methods which are consistent with the transportation needs of the people to be served. Copies of such approvals shall be submitted to the chairmen of the senate finance and assembly ways and means committees. Notwithstanding the provisions of subdivision four of section eighteen-b of the transportation law, the commissioner is authorized to continue to use the post-payment basis initiated in the April to June quarter of nineteen hundred eighty-one. In the event that actual revenue passengers and actual total number of vehicle, nautical or car miles are not available for the preceding quarter, estimated statistics may be used as the basis of payment upon approval by the commissioner. In such event, the succeeding payment shall be adjusted to reflect the difference between the actual and estimated total number of revenue passengers and vehicle, nautical or car miles used as the basis of the estimated payment. The chief executive officer may apply for less aid than the system is eligible to receive. Each quarterly payment shall be attributable to operating expenses incurred during the quarter in which it is received, unless otherwise specified by the commissioner. In the event that a public transportation system ceases to participate in the program, operating assistance due for the final quarter that service is provided shall be. based upon the actual total number of revenue passengers

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STATE AGENCIES

and the actual total number of vehicle, nautical or car miles carried during that quarter.

The commissioner and any city or county contracting for the provisions of public transportation services pursuant to section eighteen-b of the transportation law shall have the power to audit and examine the accounts, books, records, documents and papers of any participating public transportation operation. Furthermore, the sponsor or operator shall provide the commissioner upon request, copies of audits performed by or in satisfaction of requirements for other levels of government that directly relate to the provision of governmental operating aid. In the event a public transportation system or private operator refuses to comply with the audit provisions, the commissioner shall withhold all future operating assistance payments to that operation until that operation shall comply with the audit provisions. Notwithstanding the provisions heretofore specified or the provisions of any other general or special law, the amount of moneys herein appropriated, or so much thereof as may be necessary, shall be available for expenditure upon the issuance of a certificate of approval by the director of the budget and a copy of each such certificate shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended from time to time by the director of the budget and a copy of each such amendment shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

Other

Special Revenue Funds
Mass Transportation Operating Assistance Fund 313

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The sum of thirty-seven million three hundred eighty thousand dollars ($37,380,000), or so much thereof may be available and necessary, is hereby appropriated from the accounts of the mass transportation operating assistance fund to the department of transportation for payment of mass transportation operating assistance for the period April first, nineteen hundred eighty-five to March thirty-first, nineteen hundred eighty-six in accordance with the following schedules.

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Payments pursuant to this appropriation shall not be used for other than purposes of operating public transportation systems. Whenever the commissioner of transportation is notified by the comptroller that the amount of revenues available for payment from an account is less than the total amount of money for which the public mass transportation systems are eligible pursuant to the provisions of both section eighty-eight-a of the state finance law and this appropriation, the commissioner shall establish a maximum payment limit which is propor

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STATE AGENCIES

tionally lower than the amounts set forth in the follow-
ing schedule.

In order to be eligible to receive service payments pur-
suant to this appropriation, eligible public mass trans-
portation systems must fully utilize funds made availa-
ble under section 18-b of the transportation law. Funds
appropriated herein are supplemental to funds appropri-
ated under section eighteen-b of the transportation law.
All provisions, rules and regulations promulgated pur-
suant to section eighteen-b of the transportation law,
except subdivision five of such section, shall govern
the payment of funds under this section.
Notwithstanding paragraphs b of subdivisions 5 and 7 of
section eighty-eight-a of the state finance law and any
other general or special law, payments pursuant to this
appropriation may be made in quarterly installments or
in such other manner and at such other times as the com-
missioner of transportation, with the approval of the
director of the budget may prescribe

SCHEDULE

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Other

Special Revenue Funds Mass Transportation Operating Assistance Fund 313 Metropolitan Mass Transportation Operating Assistance Account Notwithstanding any other provisions of law for contractual services for the purposes of auditing and examining the accounts, books, records, documents and papers of the private transportation operators serving primarily in the New York metropolitan area when the commissioner deems such audits necessary. For the verification of financial and operating data to determine the accuracy of the data necessary to determine the distribution operating aid to the private operators serving primarily with the New York metropolitan area. Such contracts shall also include but not be limited to recommendations concerning economies and efficiencies that could be realized by the transit operators

of

Program account sub-total

Special Revenue Funds - Other

Mass Transportation Operating Assistance Fund - 313
Public Transportation Systems Operating Assistance Account:

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To the Capital District Transportation Authority for the operating expenses thereof

To

the Central New York Regional Transportation Authority for the operating expenses thereof

To the Rochester-Genesee Regional Transportation Authority
for the operating expenses thereof
To the Niagara Frontier Transportation Authority for the
operating expenses thereof

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225,000

.225,000

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To all other public transportation bus systems serving
primarily areas outside of the metropolitan transporta-
tion commuter district eligible to receive operating as-
sistance under the provisions of section 18-b of the
transportation law for the operating expenses thereof in
accordance with the service and usage formula to be es-
tablished by the commissioner with the approval of the
director of the budget
Notwithstanding any other provisions of law for contrac-
tual services for the purposes of auditing and examining
the accounts, books, records, documents and papers of
the private transportation operators serving primarily
outside of the New York metropolitan area when the com-
missioner deems such audits necessary. For the verifica-
tion of financial and operating data to determine the
accuracy of the data necessary to determine the dis-
tribution of operating aid to the private operators
serving primarily outside of the New York metropolitan
area. Such contract shall also include but not be lim-
ited to recommendations concerning economies and effi-
ciencies that could be realized by the transit operators..

Program account sub-total

Total Mass Transportation Operating Assistance Fund

AID TO LOCALITIES

General Fund

STATE AGENCIES

amounts herein appropriated to transportation systems shall be made available to the extent feasible in accordance with the quarterly payment schedule established under section 18-b of the transportation law. Notwithstanding the provisions heretofore specified or the provisions of any other general or special law, the amount of moneys herein appropriated, or so much thereof as may be necessary, shall be available for expenditure upon the issuance of a certificate of approval by the director of the budget and a copy of each such certificate shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended from time to time by the director of the budget and a copy of each such amendment shall be filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee.

Local Assistance Account

For

the federal share of a formula grant program of capital and operating assistance to support public transit rural and small urban areas as authorized by section 18 of the urban mass transportation act of 1964 as

in

RURAL AND SMALL URBAN TRANSIT AID

...

....

12,400,000

75,000

37,155,000

37,380,000

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