S T A T E O F N E W Y O R K
________________________________________________________________________
1335
2011-2012 Regular Sessions
I N S E N A T E
January 6, 2011
___________
Introduced by Sens. DILAN, DIAZ -- read twice and ordered printed, and
when printed to be committed 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.
LBD03013-01-1
S. 1335 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.
S. 1335 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.
S. 1335 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%
S. 1335 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.
S 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.
S. 1335 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.
S 3. This act shall take effect immediately.