Senate Bill sb2070

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    Florida Senate - 2003                                  SB 2070

    By Senator Sebesta





    16-1247-03

  1                      A bill to be entitled

  2         An act relating to public transit; amending s.

  3         341.031, F.S.; defining new terms for purposes

  4         of the Florida Public Transit Act; amending s.

  5         341.041, F.S.; including intercity bus service

  6         as part of the transit responsibilities of the

  7         Department of Transportation; amending s.

  8         341.051, F.S.; authorizing the department to

  9         receive federal and state funding for intercity

10         bus service; amending s. 341.052, F.S;

11         providing that public transit block grant

12         program funds may be expended on costs of

13         intercity bus service development; requiring

14         that the department distribute a certain

15         percentage of the funds designated for the

16         public transit block program for intercity bus

17         service; amending s. 341.053, F.S.; including

18         intercity bus lines within the state's

19         intermodal freight network; providing that

20         intercity bus service is one the projects

21         eligible for funding under the Intermodal

22         Development Program; providing an effective

23         date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Subsections (11), (12), (13), and (14) are

28  added to section 341.031, Florida Statutes, to read:

29         341.031  Definitions relating to Florida Public Transit

30  Act.--As used in ss. 341.011-341.061, the term:

31  

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 1         (11)  "Intercity bus service" means regularly scheduled

 2  bus service for the general public which operates with limited

 3  stops over fixed routes connecting two or more urban areas not

 4  in close proximity; has the capacity for transporting baggage

 5  carried by passengers; makes meaningful connections with

 6  scheduled intercity bus service to more distant points, if

 7  such service is available; maintains scheduled information in

 8  the National Official Bus Guide; and provides package express

 9  service incidental to passenger transportation.

10         (12)  "Eligible bus carrier" or "carrier" means a

11  private company that has operated defined intercity bus

12  service in the state, with formal authority in accordance with

13  the rules and regulations of the Federal Motor Carrier Safety

14  Administration and the Surface Transportation Board of the

15  Federal Department of Transportation, for a minimum of 2

16  years.

17         (13)  "Eligible intercity bus costs" means the total

18  costs directly incident to the provision of intercity bus

19  service, including any depreciation or amortization of capital

20  assets purchased without public financial assistance.

21         (14)  "Intercity bus capital project" means a capital

22  project undertaken by an intercity bus carrier to provide

23  intercity bus service, and is limited to acquisition, design,

24  construction, reconstruction, or improvement of a privately

25  operated intercity bus service. Projects may include that

26  portion of a governmentally owned or operated transit system

27  designed to support privately operated intercity bus service.

28         Section 2.  Subsections (1), (2), (4), (5), and (6) of

29  section 341.041, Florida Statutes, are amended, present

30  subsections (8) through (15) of that section are redesignated

31  

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 1  as subsections (9) through (16), respectively, and a new

 2  subsection (8) is added to that section, to read:

 3         341.041  Transit responsibilities of the

 4  department.--The department shall, within the resources

 5  provided pursuant to chapter 216:

 6         (1)  Develop a statewide plan that which provides for

 7  public transit and intercity bus service needs at least 5

 8  years in advance. The plan shall be developed in a manner that

 9  will assure maximum use of existing facilities, and optimum

10  integration and coordination of the various modes of

11  transportation, including both governmentally owned and

12  privately owned resources, in the most cost-effective manner

13  possible. The plan shall also incorporate plans adopted by

14  local and regional planning agencies which are consistent, to

15  the maximum extent feasible, with adopted strategic policy

16  plans and approved local government comprehensive plans for

17  the region and units of local government covered by the plan

18  and shall, insofar as practical, conform to federal planning

19  requirements.  The plan shall be consistent with the goals of

20  the Florida Transportation Plan developed pursuant to s.

21  339.155.

22         (2)  Formulate a specific program of projects and

23  project financing to respond to identified transit and

24  intercity bus service needs as part of the work program.

25         (4)  Provide technical and financial assistance to

26  units of local government and intercity bus carriers, based on

27  an analysis of public transit and intercity bus service

28  problems and needs, to assist in establishing and implementing

29  effective transit systems and related support programs. In

30  providing such assistance, the department may assist public

31  agencies that provide public transit and intercity bus

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 1  carriers that provide intercity bus services by making

 2  department-owned transit vehicles and appurtenances available

 3  for lease to such agencies for special needs of limited

 4  duration.

 5         (5)  Coordinate activities between the public entities

 6  and private entities on matters relating to public transit and

 7  intercity bus services.

 8         (6)  Assist in the development and implementation of

 9  marketing and passenger information programs for public

10  transit and intercity bus services.

11         (8)  Provide intercity bus service, as defined in s.

12  341.031, to support projects that serve to maintain and

13  enhance statewide intercity bus service. The department shall

14  use and dedicate federal funds apportioned to intercity bus

15  service according to federal requirements to support a

16  statewide intercity bus network.

17         Section 3.  Subsections (1), (4), and (5) of section

18  341.051, Florida Statutes, are amended to read:

19         341.051  Administration and financing of public transit

20  and intercity bus service programs and projects.--

21         (1)  FEDERAL AID.--

22         (a)  The department is authorized to receive federal

23  grants or apportionments for public transit and intercity bus

24  service projects in this state.

25         (b)  Local governmental entities are authorized to

26  receive federal grants or apportionments for public transit

27  and commuter assistance projects. In addition, the provisions

28  of s. 337.403 notwithstanding, if the relocation of utility

29  facilities is necessitated by the construction of a

30  fixed-guideway public transit project and the utilities

31  relocation is approved as a part of the project by a

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 1  participating federal agency (if eligible for federal matching

 2  reimbursement), then any county chartered under s. 6(e), Art.

 3  VIII of the State Constitution shall pay at least 50 percent

 4  of the nonfederal share of the cost attributable to such

 5  relocation after deducting therefrom any increase in the value

 6  of the new facility and any salvage value derived from the old

 7  facility. The balance of the nonfederal share shall be paid by

 8  the utility.

 9         (4)  PROJECT ELIGIBILITY.--

10         (a)  Any project that is necessary to meet the program

11  objectives enumerated in s. 341.041, that conforms to the

12  provisions of this section, and that is contained in the local

13  transportation improvement program and the adopted work

14  program of the department is eligible for the expenditure of

15  state funds for transit purposes.

16         1.  The project shall be a project for service or

17  transportation facilities provided by the department under the

18  provisions of this act, a public transit capital project, a

19  commuter assistance project, a public transit service

20  development project, an intercity bus service capital project,

21  an intercity bus service project, or a transit corridor

22  project.

23         2.  The project must be approved by the department as

24  being consistent with the criteria established pursuant to the

25  provisions of this act.

26         (b)  Such expenditures shall be in accordance with the

27  fund participation rates and the criteria established in this

28  section for project development and implementation, and are

29  subject to approval by the department as being consistent with

30  the Florida Transportation Plan and regional transportation

31  goals and objectives.

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 1         (c)  Unless otherwise authorized by the Legislature,

 2  the department is prohibited from entering into any agreement

 3  or contract for a public transit project which would result in

 4  the ultimate expenditure or commitment of state funds in

 5  excess of $5 million.

 6         (5)  FUND PARTICIPATION; CAPITAL ASSISTANCE.--

 7         (a)  The department may fund up to 50 percent of the

 8  nonfederal share of the costs, not to exceed the local share,

 9  of any eligible public transit capital project or commuter

10  assistance project that is local in scope; except, however,

11  that departmental participation in the final design,

12  right-of-way acquisition, and construction phases of an

13  individual fixed-guideway project which is not approved for

14  federal funding shall not exceed an amount equal to 12.5

15  percent of the total cost of each phase.

16         (b)  The department is authorized to fund up to 100

17  percent of the cost of any eligible transit capital project,

18  intercity bus service project,  or commuter assistance project

19  that is statewide in scope or involves more than one county

20  where no other governmental entity or appropriate jurisdiction

21  exists.

22         (c)  The department is authorized to advance up to 80

23  percent of the capital cost of any eligible project that will

24  assist Florida's transit systems in becoming fiscally

25  self-sufficient. Such advances shall be reimbursed to the

26  department on an appropriate schedule not to exceed 5 years

27  after the date of provision of the advances.

28         (d)  The department is authorized to fund up to 100

29  percent of the capital and net operating costs of statewide

30  transit service development projects or transit corridor

31  projects. All transit service development projects shall be

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 1  specifically identified by way of a departmental appropriation

 2  request, and transit corridor projects shall be identified as

 3  part of the planned improvements on each transportation

 4  corridor designated by the department. The project objectives,

 5  the assigned operational and financial responsibilities, the

 6  timeframe required to develop the required service, and the

 7  criteria by which the success of the project will be judged

 8  shall be documented by the department for each such transit

 9  service development project or transit corridor project.

10         (e)  The department is authorized to fund up to 50

11  percent of the capital and net operating costs of transit

12  service development projects that are local in scope and that

13  will improve system efficiencies, ridership, or revenues. All

14  such projects shall be identified in the appropriation request

15  of the department through a specific program of projects, as

16  provided for in s. 341.041, that is selectively applied in the

17  following functional areas and is subject to the specified

18  times of duration:

19         1.  Improving system operations, including, but not

20  limited to, realigning route structures, increasing system

21  average speed, decreasing deadhead mileage, expanding area

22  coverage, and improving schedule adherence, for a period of up

23  to 3 years;

24         2.  Improving system maintenance procedures, including,

25  but not limited to, effective preventive maintenance programs,

26  improved mechanics training programs, decreasing service

27  repair calls, decreasing parts inventory requirements, and

28  decreasing equipment downtime, for a period of up to 3 years;

29         3.  Improving marketing and consumer information

30  programs, including, but not limited to, automated information

31  services, organized advertising and promotion programs, and

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 1  signing of designated stops, for a period of up to 2 years;

 2  and

 3         4.  Improving technology involved in overall

 4  operations, including, but not limited to, transit equipment,

 5  fare collection techniques, electronic data processing

 6  applications, and bus locators, for a period of up to 2 years.

 7         (f)  The department may fund up to 100 percent of the

 8  federal-aid apportionment for intercity bus service.

 9  

10  For purposes of this section, the term "net operating costs"

11  means all operating costs of a project less any federal funds,

12  fares, or other sources of income to the project.

13         Section 4.  Subsection (2) and present subsection (6)

14  of section 341.052, Florida Statutes, are amended, present

15  subsections (6), (7), and (8) are redesignated as subsections

16  (7), (8), and (9), respectively, and a new subsection (6) is

17  added to that section, to read:

18         341.052  Public transit block grant program;

19  administration; eligible projects; limitation.--

20         (2)  Costs for which public transit block grant program

21  funds may be expended include:

22         (a)  Costs of public bus transit and local public fixed

23  guideway capital projects.

24         (b)  Costs of public bus transit service development

25  and transit corridor projects. Whenever block grant funds are

26  used for a service development project or a transit corridor

27  project, the use of such funds is governed by s. 341.051.

28  Local transit service development projects and transit

29  corridor projects currently operating under contract with the

30  department shall continue to receive state funds according to

31  the contract until such time as the contract expires. Transit

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 1  corridor projects, wholly within one county, meeting or

 2  exceeding performance criteria as described in the contract

 3  shall be continued by the transit provider at the same or a

 4  higher level of service until such time as the department, the

 5  M.P.O., and the service provider, agree to discontinue the

 6  service.  The provider may not increase fares for services in

 7  transit corridor projects wholly within one county without the

 8  consent of the department.

 9         (c)  Costs of public bus transit operations.

10         (d)  Costs of intercity bus service development.

11  

12  All projects must be consistent, to the maximum extent

13  feasible, with the approved local government comprehensive

14  plans of the units of local government in which the project is

15  located.

16         (6)  The department shall distribute 1 percent of the

17  funds designated for the public transit block grant program

18  for intercity bus service.

19         (7)(6)  The department shall distribute 84 85 percent

20  of the public transit block grant funds to "Section 9" and

21  "Section 18" providers designated by the United States

22  Department of Transportation.  The funds shall be distributed

23  to "Section 9" providers, and to "Section 18" providers that

24  are not designated as community transportation coordinators

25  pursuant to chapter 427, according to the following formula,

26  except that at least $20,000 shall be distributed to each

27  eligible provider if application of the formula provides less

28  than that amount for any such provider:

29         (a)  One-third shall be distributed according to the

30  percentage that an eligible provider's county population in

31  the most recent year for which those population figures are

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 1  available from the state census repository is of the total

 2  population of all counties served by eligible providers.

 3         (b)  One-third shall be distributed according to the

 4  percentage that the total revenue miles provided by an

 5  eligible provider, as verified by the most recent "Section 15"

 6  report to the Federal Transit Administration or a similar

 7  audited report submitted to the department, is of the total

 8  revenue miles provided by eligible providers in the state in

 9  that year.

10         (c)  One-third shall be distributed according to the

11  percentage that the total passengers carried by an eligible

12  provider, as verified by the most recent "Section 15" report

13  submitted to the Federal Transit Administration or a similar

14  audited report submitted to the department, is of the total

15  number of passengers carried by eligible providers in the

16  state in that year.

17         Section 5.  Subsections (2) and (6) of section 341.053,

18  Florida Statutes, are amended to read:

19         341.053  Intermodal Development Program;

20  administration; eligible projects; limitations.--

21         (2)  In recognition of the department's role in the

22  economic development of this state, the department shall

23  develop a proposed intermodal development plan to connect

24  Florida's airports, deepwater seaports, rail systems serving

25  both passenger and freight, and major intermodal connectors to

26  the Florida Intrastate Highway System facilities as the

27  primary system for the movement of people and freight in this

28  state in order to make the intermodal development plan a fully

29  integrated and interconnected system. The intermodal

30  development plan must:

31  

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 1         (a)  Define and assess the state's freight intermodal

 2  network, including airports, seaports, rail lines and

 3  terminals, intercity bus lines and terminals, and connecting

 4  highways.

 5         (b)  Prioritize statewide infrastructure investments,

 6  including the acceleration of current projects, which are

 7  found by the Freight Stakeholders Task Force to be priority

 8  projects for the efficient movement of people and freight.

 9         (c)  Be developed in a manner that will assure maximum

10  use of existing facilities and optimum integration and

11  coordination of the various modes of transportation, including

12  both government-owned and privately owned resources, in the

13  most cost-effective manner possible.

14         (6)  The department is authorized to fund projects

15  within the Intermodal Development Program, which are

16  consistent, to the maximum extent feasible, with approved

17  local government comprehensive plans of the units of local

18  government in which the project is located.  Projects that are

19  eligible for funding under this program include major capital

20  investments in public rail and fixed-guideway transportation

21  facilities and systems which provide intermodal access; road,

22  rail, intercity bus service, or fixed-guideway access to,

23  from, or between seaports, airports, and other transportation

24  terminals; construction of intermodal or multimodal terminals;

25  development and construction of dedicated bus lanes; and

26  projects which otherwise facilitate the intermodal or

27  multimodal movement of people and goods.

28         Section 6.  This act shall take effect upon becoming a

29  law.

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Defines terms related to intercity bus service. Includes
      intercity bus service as part of the transit
 4    responsibilities of the Department of Transportation.
      Authorizes the department to receive federal and state
 5    funding for intercity bus service. Provides for the
      expenditure of public transit block grant program funds
 6    for the development of intercity bus service. Provides
      for the department to distribute a certain percentage of
 7    the funds designated for the public transit block program
      for intercity bus service. Includes intercity bus lines
 8    within the state's intermodal freight network. Provides
      that the intercity bus service is one of the eligible
 9    projects to receive funding under the Intermodal
      Development Program.
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