Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013 Page: 5,028
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JARC funds appropriated prior to MAP-21 and will continue to
follow 31.17 in the administration of those grants.
Amendments to 31.18(a) reflect the repeal of the 5317 New
Freedom Program (NF) by MAP-21. The department has active
contracts with subrecipients that use NF funds appropriated prior
to MAP-21 and will continue to follow 31.18 in the administration
of those grants.
Amendments to 31.21 reflect a change in department proce-
dures for the administration of 5303 metropolitan planning pro-
gram. Amendments to 31.21(a) add 5303 to correct a missing
reference regarding transportation planning and development
activities for metropolitan planning organizations.
At the request of the Texas Association of Metropolitan Plan-
ning Organizations and the department, the Texas Transporta-
tion Commission (commission) directed the consolidation of fed-
eral highway and federal transit planning funds for Metropolitan
Planning Organizations into a single consolidated grant. Amend-
ments to 31.21(c) reflect this change in the administration of the
5303 metropolitan planning grant program.
Section 31.21(d) is deleted as it is no longer needed.
Amendments to 31.22(a) add 5304 to correct a missing refer-
ence regarding eligible planning and research activities. Amend-
ments to 31.22(c) add transportation development credits to the
list of eligible local match sources and update the FTA circular
reference. For clarity, current text is deleted and replaced with
new text. Amendments to 31.22(d) delete reference to a 5303
application which is no longer necessary with the change made
in 31.21(c).
Amendments to 31.26(b), the addition of the governor's de-
signee, parallels federal language for the 5307 urbanized grant
program. Amendments to 31.26(d) and (e) delete the word
"designated" included in the term "designated recipient" as the
definition of a designated recipient in 31.3 includes transit agen-
cies that are not part of the governor's apportionment.
Amendments to 31.26(e)(2) add a definition for a transportation
management area. Since this is the only time the term appears
in 43 TAC Chapter 31, it is not included in the definitions section.
Amendments to 31.26(e)(3) clarify the department's role in re-
gards to redistribution of federal funds. Section 31.26(e)(4) is
reworded to more clearly describe how the department handles
unexpended 5307 funds. For clarity, current text is deleted and
replaced with new text.
New 31.30 allows the department to administer the bus and bus
facilities program (49 U.S.C. 5339) created by MAP-21. The
department is the designated recipient of funds for urbanized ar-
eas of less than 200,000 population and rural areas. The section
specifies the formula for distribution to eligible subrecipients, eli-
gible activities, and the required nonfederal match and sources.
The department's administrative duties are comparable to those
of other grant programs.
New 31.31 reflects the revised regulations for the 5310 grant
program as a result of significant restructuring that occurs in
MAP-21. For clarity, current section text is deleted and replaced
with new text. The impact of the many changes to existing and
potential subrecipients, and the interest expressed in this pro-
gram, prompts the following subsection-by-subsection descrip-
tions.
New 31.31(a), Purpose. The previously undefined term "el-
derly" is replaced with the word "senior", which MAP-21 and thischapter define as an individual 65 and older. This newly defined
term will impact the projects that are eligible under the 5310
grant program.
New 31.31(b), Goals and objectives. MAP-21 repealed the
New Freedom Program (NF) and made NF type projects eligible
under the 5310 grant program. The subsection incorporates
objectives reflecting this change.
New 31.31(c), Department role. Prior to MAP-21, the depart-
ment was the designated recipient of all 5310 funds coming
to the state. Under MAP-21, the department is the designated
recipient for urbanized areas less than 200,000 population and
all rural areas; urbanized areas of 200,000 population or more
may request the department to act as their designated recipient.
Most administrative functions remain unchanged from the pre-
vious text. Recognizing a long-standing practice, a paragraph
clarifies that the department may terminate a contract that is not
pursued in a timely fashion and re-award the funds to another
project.
New 31.31(d), Eligible recipients. The original concepts of pri-
mary and alternate recipients of 5310 funds remain for rural and
urbanized areas with a population of less than 200,000. Primary
recipients are urban and rural transit districts. Alternate recipi-
ents are local public bodies, private nonprofit organizations, and
taxis providing shared-ride service. Where the department is the
designated recipient for an urbanized area with a population of
200,000 or more, the transit authority or an alternate recipient
may receive funds.
New 31.31(e), Eligible assistance categories. As is current
practice, the department may use up to 10 percent of the annual
apportionment to defray administrative expenses. Subrecipient
capital expenses now include construction activities typically as-
sociated with the NF program. There is a higher reimbursement
rate for vehicle purchases that comply with the ADA or Clean Air
Act. However, a sliding scale of increased federal share avail-
able to states with federal public lands or tribal property is discon-
tinued for this program. Operating expense is a new category of
eligible expenses for 5310. A list of typical operating expenses
is added in paragraph (3) and may be reimbursed at 50 percent
of the net operating expense.
New 31.31(f), Local share requirements. Sources of local
match include cash, service agreements with other agencies,
in-kind donations, volunteer services, and transportation de-
velopment credits. The section notes qualifications to these
various sources. However, in no instance can U.S. DOT funds
be used as match.
New 31.31(g)(1) - (3), Funding distribution. MAP-21 provides
for separate apportionments for various geographical areas. A
previous uniform formula for statewide application remains un-
changed; however, it is broken into three segments to reflect
the separate apportionments. Following the boundaries of a de-
partment district in which there are eligible urbanized areas of
less than 200,000 population, 25 percent of the apportionment
will be distributed equally and the remaining 75 percent will be
allocated on a pro rata basis using the urbanized population of
seniors and individuals with disabilities. Following department
district boundaries in which there are eligible rural areas, 25 per-
cent of the apportionment will be distributed equally and the re-
maining 75 percent will be allocated on a pro rata basis using
the rural population of seniors and individuals with disabilities. If
the department serves as the designated recipient of any large38 TexReg 5028 August 9, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013, periodical, August 9, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342085/m1/72/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.