presented by: judith norman - transportation consultant (jntc) in association with:

Presentation to:

California Department of Transportation (Caltrans)Mobility Action Plan (MAP) Phase I

Implementation StudyMAP PAC Committee Meeting

Presented by:

Judith Norman - Transportation Consultant (JNTC)

In Association with: The National Conference of State

Legislatures

October 29, 2008

Judith Norman-Transportation Consultant 2

MEETING PURPOSE AND OUTCOMES

Supplement existing MAP PAC member knowledge-base about coordination statutes, funding and programs to inform study decision-making process

Present and discuss the following: Human Service Transportation-Related Statutes (Part I) California Human Service Transportation-Related Funding

Sources and Program, requirements (Part II)


HUMAN SERVICE TRANSPORTATION-RELATED INITIAL RESEARCH CONDUCTED

NCSL conducted initial legislative research to identify Federal, California statutes related to public transit- human service coordination: Reviewed index of transit-related statutes;

Conducted a broad search of all of the California Statutes

Current research effort includes only statutes

Follow-on analysis will focus on administrative code, regulations and implementation issues


FEDERAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES

Feb. 2004 - Executive Order # 13330: President expanded the Coordinating Council

on Access and Mobility (CCAM) by creating the Interagency Transportation Coordinating Council on Access Mobility.

Directs 10 federal agencies to join. Requires the Council to eliminate duplicative

and overlapping federal programs and improve the coordination of federally supported transportation.


SAFETEA-LU

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Effective August 10, 2005: provides $286.4 billion in guaranteed funding over six years through fiscal year (FY) 2009, including $52.6 billion for federal transit programs.

Establishes a new federal human services coordination program at FTA to improve coordination of federal resources for human service transportation funded at $1.6 million.

Funds FTA for $1.6 million to support implementation of Executive Order and the United We Ride Initiative


SAFETEA-LU PROVISIONS

Three programs authorized in SAFETEA-LU:

Elderly Individuals and Individuals with Disabilities (Sec. 5310)

Job Access and Reverse Commute (JARC) (Sec. 5316) New Freedom (Sec. 5317)

Starting in FY 2007 projects awarded funding must be derived from a "locally developed, coordinated public transit-human services transportation plan."


FEDERAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES

49 USCA § 5310: Declares as national policy that elderly

persons and persons with disabilities have the same right to access transportation services as other persons.

Authorizes federal capital grants for persons with special needs where public transportation is unavailable, insufficient, or inappropriate.

Non-profit organizations and public bodies that coordinate specialized transportation services can apply to receive grants.


FEDERAL:HUMAN SERVICETRANSPORTATION-RELATED STATUTES

49 USCA § 5316 (West 2008): Creates the Jobs Access and Reverse Commute

Program (JARC)

Improves access to transportation services to employment and employment related activities for low-income individuals and welfare recipients.

Also transports residents of urbanized areas and non-urbanized areas for suburban related employment opportunities.


FEDERAL:HUMAN SERVICETRANSPORTATION-RELATED STATUTES

49 USCA § 5317 (West 2008): Creates the New Freedom Program. The

program is to provide new public transportation services to overcome barriers that Americans with disabilities have seeking to participate in the workforce.

Federal grants would allow private nonprofit organizations, state or local governmental authorities, and operators of public transportation services to fund various activities.


CALIFORNIA: HUMAN SERVICETRANSPORTATION-RELATED STATUTES

Cal. Government Code § 15950 et seq. (West 2008) (AB 120):

Known as the Social Service Transportation Improvement Act.

Was enacted to combine the purchase of necessary equipment; provide adequate training to drivers; have a centralized dispatching system; have a centralized maintenance system; a centralized administration; so that all funding could be identified and consolidated.

Requires transportation planning agencies and county transportation commission to prepare an action plan that "…describes in detail the steps required to accomplish the consolidation of social service transportation services."



Cal. Government Code § 14055 et seq. (West 2008):

States that persons with disabilities and elderly persons have the same rights to use mass transportation facilities and services.

Funding under 49 USCA § 5310 has to be used for special transportation to the elderly and to disabled persons in all areas of the state.

Federal programs should be coordinated with other paratransit service providers.

Nonprofit corporations, public agencies that coordinate services for the elderly and disabled, and public agencies that confirm that there isn't a nonprofit corporation already providing the same service in the area are eligible to receive funding.

The California Transportation Commission has to act as the applicant for the grants, and the department has to coordinate the funding and administration of available funds.



Cal. Public Utilities Code § 99238 (West 2008):

Requires that each transportation planning agency establish a social services transportation advisory council for each county or counties under a joint powers agreement, which has to consist of certain types of representatives.

Members are appointed by the transportation planning agency.

Details the council's requirements.



Cal. Public Utilities Code § 99155 et seq. (West 2008): Every transit operator (whether publicly or privately funded)

that offers reduced fares to senior citizens has to honor the federal Medicare identification card as sufficient identification in order to receive reduced fares.

These transit operators also have to offer reduced fares to disabled persons and disabled veterans.

Requires close coordination between local transit provider and county welfare departments for the benefit of the CalWORKs program.

In areas where public transportation is available the funds have to be used for the enhancement of welfare-to-work programs.



Cal. Public Utilities Code § 99155 et seq. (West 2008) cont’d.: Every transit operator (whether publicly or privately funded) that

offers reduced fares to senior citizens has to honor the federal Medicare identification card as sufficient identification in order to receive reduced fares. In area where public transportation isn't available, local transit providers have to use the funds toward alternatives like vouchers, van pools, and contract paratransit operations.

Requires that dial-a-ride and paratransit services are available to handicapped persons for employment, education, medical, and personal reasons.

Transit operators have to provide service without regard to whether the person requesting service lives in a house where a member owns an automobile, or where the person lives.

If a person believes the transit operator violated this section, they can file a claim with the transportation planning agency.



Cal. Public Utilities Code § 99275 (West 2008): Transit agencies can file claims with a transportation planning

agency for community transit services, including the disabled and for those who cannot use conventional transit services.

Requires transportation planning agencies to adopt criteria, rules, and regulations in order to be able to evaluate filed claims.

Details the findings the transportation planning agency has to find before granting the claim.

Requires the transit agency that received funds to submit an annual of audit of how the funds were spent.


CALIFORNIA MEDI-CAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES

Cal. Welfare and Institutions Code §§ 14132(i) and14132(s) (West 2008): Medical transportation is one of the scheduled

benefits covered under the code.

In-home medical care services are covered for persons that require care for an extended period of time in a hospital at a cost that would be higher than in-home medical care.

In-home care includes both emergency and nonemergency medical transportation.



Cal. Welfare and Institutions Code § 14136 (West 2008)

Prohibits cities and counties form establishing equipment and personnel standards for nonemergency transportation services that are in conflict with equipment and personnel standards for reimbursement.

Cities and counties also cannot establish fees for permitting, licensing, or inspecting fees in addition to the cost of providing services.



Cal. Welfare and Institutions Code § 14136.1(West 2008

A patient that requires continuous intravenous medication, medical monitoring, or observation during transportation to a medical facility has to be transported by an ambulance.




Entities that have received funding under the Federal Mass Transportation Act cannot receive reimbursement for medical transportation services for Medi-Cal beneficiaries in an amount higher than the fee charged by the provider to persons who are not reimbursed by Medi-Cal.




No authorization is required for nonemergency transportation when the patient is be transported from an acute hospital facility following a stay at an impatient to a nursing facility or any immediate care facility for the developmentally disabled.


PERSONS WITH DISABILITIES: HUMAN SERVICE

TRANSPORTATION-RELATED STATUTES

Cal. Civil Code § 54.1 (West 2008)

Persons with disabilities are entitled to full and equal access to the privileges of all the common carrier airplanes, motor vehicles, railroads, motorbuses, streetcars, boats, or any other public conveyances of modes of transportation.

Full and equal access means access that meets ADA standards.




Cal. Public Utilities Code § 460.3 (West 2008

Transportation providers are prohibited from charging a fee, or imposing a charge on any physically disabled or handicapped persons which is more than a fare charged for passengers who are not physically disabled.




Cal. Welfare and Institutions Code §19460 (West 2008)

Creates the Rehabilitation Revolving Loan Guarantee Fund.

Can be used to guarantee loans made by eligible lenders to eligible persons for the purchase of funds, automobiles, and other equipment to facilitate the transportation of the disabled, and to assist employers with technology so employers can live more independently or engage in employment.




Cal. Revenue and Taxation Code § 10789 (West 2008

Waives the license fee for vehicles that provides specialized transportation services to senior citizens and to the disabled for nonprofit organizations, public benefit consolidated transportation service agencies.


SENIORS: HUMAN SERVICETRANSPORTATION-RELATED STATUTES

Cal. Public Utilities Code § 99268.5 (West 2008)

For funds to be allocated to an operator of solely handicap and elderly persons the operator must maintain a ratio of fare revenue to operating costs equal defined by Cal. Public Utilities Code § 99247(a).

An operator that provides exclusive transportation to the elderly, handicap, and regular public transportation may be allotted funding if the provider a ratio of fare revenues to operating costs equal to one-fifth if serving an urbanized area or to one-tenth if serving a non-urbanized area or to the ratio it had during the 1978-79 fiscal year, whichever is greater.


SENIORS: HUMAN SERVICETRANSPORTATION-RELATED STATUTES

Cal. Welfare and Institutions Code § 9400(West 2008

Local Units on Aging are required to operate in compliance with the Older Americans Act and its applicable regulations.

The local units are required to create a plan that details how to provide better services to the elderly through improved transportation, referral, outreach, and advocating.

END OF PART I


HUMAN SERVICE TRANSPORTATION-RELATED

FUNDING AND PROGRAM REQUIREMENTS

Overview of Federal funding requirements: Sections 5310, 5316 and 5317

Coordinated Plan Provisions and Requirements

Roles and Responsibilities


HUMAN SERVICE TRANSPORTATION-RELATED FUNDING AND PROGRAM

REQUIREMENTS

Section 5310 Elderly Individuals and Individuals with Disabilities Established in 1975 as a discretionary capital assistance

program.

Grants awarded to serve the transportation needs of seniors and persons with disabilities

Funds appropriated annually to the States by formula

In 1992 ISTEA increased funding levels and increased emphasis on coordination with human services

In 2005 SAFETEA-LU was enacted: required that in FY 2007 funded projects must be derived from a locally developed, coordinated public transit-human services plan



REQUIREMENTS

Section 5310 Elderly Individuals and Individuals with Disabilities

State is designated recipient of funding from the Feds

State DOT (Caltrans) distributes funding to eligible sub-recipients through a competitive application process:

Private non-profit organizations;

Public bodies that certify that no non-profit entity is readily available to provide the service; and

Public bodies approved by the state to coordinate services for elderly individuals and individuals with disabilities



REQUIREMENTS

Section 5310 Elderly Individuals and Individuals with Disabilities Capital – 80% Federal share; 20% Local share California may apply the sliding scale rate for

transit capital grants which allows for an 88.53% Federal Share and 11.47% Local share

Eligible projects Vehicle purchases Contracting for coordinated services to

promote use of private sector providers




Section 5316 JARC Program initiated in 1999-2000 to enhance access to

employment and job related activities for individuals on welfare and low income families

SAFETEA-LU modified the previous discretionary program– since FY 2006 funding allocated by formula based upon number of low income persons

Funding allocated by formula to States for areas with populations below 200,000 persons (rural); and to designated recipients for areas with populations of 200,000 persons and above (urban).




Section 5316 JARC Projects selected for funding must be included in a

locally-developed public transit-human service transportation coordinated plan beginning in FY 2007

Eligible grantees: Private non-profit organizations; State or local government authority; and Operators of public transportation services,

including private operators of public transportation services [under contract to public agencies].




Section 5316 JARC Capital – 80% Federal share – 20% Local match

Operating – 50% Federal share – 50% Local match

Non cash share (e.g. donations, volunteer services, in-kind contributions) can be used for local match

10% of funds may be used for planning, administration and technical assistance

Sources for allowed for matching funds are expanded (i.e. other eligible Federal non-DOT program sources)



REQUIREMENTS

Section 5317 New Freedom A new program authorized under SAFETEA-LU to

expand the transportation mobility options available to persons with disabilities beyond the requirements of ADA

Funds allocated through a formula based upon population of persons with disabilities.

Other public transit-human service coordination provisions identical to JARC but targeted toward persons with disabilities



REQUIREMENTS

Section 5317 New Freedom Funds available for capital and operating costs for services

beyond ADA Eligible grantees:

Private non-profit organizations; State or local government authority; and Operators of public transportation services, including

private operators of public transportation services (under contract to public agencies)

Provisions for Federal share of funding and local match requirements identical to JARC but targeted to persons with disabilities


FUNDING PROGRAM COMMON FUNDING ELEMENTS

Designated Recipient Role

Preparation of Coordinated Plan

Competitive Selection Process

Mobility Management Element

State Planning Process and Certification


Coordinated Public Transit-Human Services Transportation Plan Purpose

Designated recipients must prepare a locally developed, public transit-human services coordinated plan

Plans developed through a process that included representatives of public, private, and non-profit transportation and human services providers and the public

Coordinated Plan update every 4-5 years


Coordinated Public Transit-Human Services Transportation Plan

Requirements

An assessment of available transportation resources (public, private and non-profit).

An assessment of transportation needs for seniors, persons with disabilities, low income individuals

Strategies/projects/activities to address gaps between current services and needs

Priorities for implementation based on available resources


ROLE OF THE DESIGNATED RECIPIENT

Conduct an area-or state-wide competitive selection process

Certify a fair and equitable distribution of funding

Certify that each project selected was derived from a locally developed coordinated public transit-human services transportation plan


NEXT STEPS

Identify relevant provisions of California regulations;

Identify relevant case law, if any;

Collect and analyze relevant state agency documents; and

Conduct selected phone interviews to clarify legal issues, if necessary

Develop matrix and analytical Access database for gap analysis to be conducted later in the study

Begin planning for outreach meetings, interviews and activities to be conducted in 2009


CONCLUSION

END OF PART II