Register February 2013 No. 686
Chapter Trans 6
RURAL AND SMALL URBAN AREA PUBLIC TRANSPORTATION ASSISTANCE PROGRAM
Purpose and scope.
Federal share of project costs.
Distribution of federal aids.
Operating grants to areas other than urbanized.
Application for federal aids.
Labor protection requirements.
Property management and disposition.
Transferring federal funds to another program.
Americans with disabilities requirements.
Ch. Trans 6 Note
Note: Chapter Trans 6 was created by emergency rule effective April 17, 1979. Chapter Trans 6 was repealed and recreated by emergency rule effective April 20, 1983. Chapter Trans 6 as it existed on October 31, 1983 was repealed and a new chapter Trans 6 was created effective November 1, 1983. Chapter Trans 6 was repealed and recreated by emergency rule effective November 30, 1983. Chapter Trans 6 as it existed on April 30, 1984 was repealed and a new chapter Trans 6 was created effective May 1, 1984.
Trans 6.01 Purpose and scope.
The purpose of this chapter is to prescribe the department of transportation's administrative interpretation of ss. 85.20
, Stats., and to prescribe the administrative policies and procedures for implementing the federal program for public transportation projects in areas other than urbanized. This program is authorized by section 18 of the urban mass transportation act of 1964, as amended. The goals of this program are to enhance access of people in non-urbanized areas for purposes such as health care, shopping, education, recreation, public services, and employment by encouraging the maintenance, development, improvement and use of public transportation services. By federal definition, “areas other than urbanized" include small urban and rural areas.
Trans 6.01 History
Cr. Register, April, 1984, No. 340
, eff. 5-1-84.
Capital project cost" means the cost of acquisition, construction, reconstruction and improvement of facilities, vehicles and equipment for use in the provision of an eligible public transportation service. A public body shall retain ownership of all capital items purchased under this program.
“Eligible applicants" means local public bodies, or federally recognized Indian tribal governing bodies, but does not include private transportation providers.
“Eligible public transportation service" means a public transportation service operating or designed to operate in non-urbanized areas.
“Federal section 18 funds" means all funds appropriated to the state for use in the federal program for public transportation projects in small urban, rural and intercity areas.
“Intercity bus service" means regularly scheduled bus service over routes connecting 2 or more urban areas of at least 2,500 population serving rural and small urban areas.
“Local public bodies" means counties, cities, villages and towns or agencies thereof.
“Operating project cost" means the difference between the costs of operating an eligible public transportation service and the revenues derived therefrom. User subsidies such as transportation stamps are not considered to be “operating costs" for purposes of this chapter.
“Private transportation providers" means privately owned (for-profit or nonprofit) organizations that operate an eligible public transportation service.
“Public transportation service" means a passenger transportation service provided to the general public on a regular and continuing basis by a public agency or private firm. Passenger fares shall be collected for the service in accordance with established tariff schedules. The transportation service may be provided by bus, rail, shared-ride taxicab or other conveyance. The service may constitute an entire public transit system or may be an individual route or a segment of a route provided by a common carrier of passengers. The service shall be authorized by the office of the commissioner of transportation under ch. 194, Stats.
, unless exempt under s. 85.20 (5)
, Stats., or under ch. 194, Stats.
A transportation service provided exclusively for a subgroup of the general public is not considered to be a “public transportation service" for purposes of this chapter, unless it is part of an overall public transit service to the area.
“Small urban area" means any area that includes a city or village having a population of at least 2,500, but not more than 49,999. The department shall determine the population of a city or village within a small urban area using the most recent estimates prepared by the department of administration.
“Station revenue" means those revenues which are derived from the operation of a public transportation facility. Such revenues include concessions, storage rentals, parking, office space rental, and other miscellaneous sources.
“Through revenue" means revenue derived from passengers whose trips begin and end outside an eligible project route but whose route of travel includes the eligible project route.
“Urbanized area" means those areas of the state so defined by the U.S. bureau of the census.
“User-side subsidies" means a program whereby users of the transit service are permitted to purchase transportation vouchers at prices substantially below the fares charged by the transit providers. The users can exchange these vouchers for transportation services, and the providers can then redeem them for the full fare.
Trans 6.02 History
Cr. Register, April, 1984, No. 340
, eff. 5-1-84; emerg. am. (2), renum. (8) to (13) to be (9) to (14), cr. (8), eff. 2-12-85; emerg. am. (2), renum. (8) to (13) to be (9) to (14), cr. (8) eff. 6-5-85; am. (2), Register, November, 1985, No. 359
, eff. 12-1-85; cr. (4m), Register, December, 1987, No. 384
, eff. 1-1-88; am. (10), renum. (12) and (13) to be (13) and (14), cr. (12), Register, October, 1989, No. 406
, eff. 11-1-89; am. (10), Register, December, 1989, No. 408
, eff. 1-1-90; renum. (5) to (14) to be (6) to (15), cr. (5), Register, January, 1993, No. 445
, eff. 2-1-93.
Trans 6.03 Federal share of project costs. Trans 6.03(1)
The federal share of operating project costs shall not exceed 50% of those costs. The department has determined that the following operating revenues and expenses shall be used to establish the project costs.
Operating revenues shall consist of all passenger revenue derived from the project service, including the portion of through revenue attributed to eligible project routes, station revenue derived from the project service and any unrestricted federal, state or local funds received as a result of providing the project service that are not used to match federal section 18 funds.
Trans 6.03 Note
Note: Charter, package delivery, and package express operating expenses and revenues for all applicants are assumed to be equal and, therefore, shall not have any net financial effect on the project.
Eligible operating expenses are those transportation and overhead expenses associated with the provision of public transportation service including labor, fringe benefits, materials and supplies, utilities, insurance, purchased transportation service, license fees and certain lease expenses. The following expenses are not eligible project expenses:
Depreciation and amortization for publicly owned facilities and equipment;
Expenses that are offset or that will be offset by means that include, but are not limited to, cash discounts or refunds, tax rebates including fuel tax rebates, insurance proceeds or resale proceeds;
Interest expense, except that privately owned systems may include interest on short-term debt obligation;
Return on investment, except that a private transportation provider that negotiates all or part of a transportation service contract with an eligible applicant is eligible for a return on its investment. Its return on investment shall be a fixed amount and may not exceed an amount calculated by applying the interest rate the secretary of the treasury specifies under 50 USC App. 1215 (b) (2) as applicable to the period ending on December 31 of the year prior to the project year to the net book value of the private transportation provider's equipment and facilities used in providing the contracted for transportation service;
Lease payments to a related party which are a less than arms length agreement. Only actual eligible expenses of owning the property, including depreciation and taxes, shall be allowed;
Lease payments by small urban area systems for revenue passenger vehicles, unless situations exist necessitating short-term leases. In this subdivision, `short-term lease' means a lease of one year or less in duration. If the grantee is actively pursuing a federal grant to purchase vehicles, the eligibility of lease payments may be extended until delivery of the purchased vehicles;
User-side subsidies except those specifically funded under an intercity bus project;
Payments to members of advisory committees, transit commissions or transit boards;
Expenses related to contractual agreements for special planning studies;
Indirect transit-related functions or activities of regional or local entities performed as a normal or direct aspect of general public administration;
Expenses for contingencies or capital acquisitions, including contributions to a capital reserve account or fund. For the purposes of determining eligible operating expenses, capital acquisitions are defined as the purchase of non-expendable personal property with a useful life of more than one year and an acquisition cost of $1,000 or more per unit. A unit is defined as one or more like items. The cost of materials and supplies utilized in facility or vehicle repairs, regardless of cost, shall be considered as eligible operating costs so long as the repairs involve replacement of existing items.