Senate Bill sb2070c1

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    Florida Senate - 2003                           CS for SB 2070

    By the Committee on Transportation; and Senator Sebesta





    306-2267-03

  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. 341.053, F.S.;

11         including intercity bus lines within the

12         state's intermodal freight network; providing

13         that intercity bus service is one the projects

14         eligible for funding under the Intermodal

15         Development Program; providing an effective

16         date.

17  

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

19  

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

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

22         341.031  Definitions relating to Florida Public Transit

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

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

25  bus service for the general public which operates with limited

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

27  in close proximity; has the capacity for transporting baggage

28  carried by passengers; makes meaningful connections with

29  scheduled intercity bus service to more distant points, if

30  such service is available; maintains scheduled information in

31  

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    Florida Senate - 2003                           CS for SB 2070
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 1  the National Official Bus Guide; and provides package express

 2  service incidental to passenger transportation.

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

 4  private company that has operated defined intercity bus

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

 6  the rules and regulations of the Federal Motor Carrier Safety

 7  Administration and the Surface Transportation Board of the

 8  Federal Department of Transportation, for a minimum of 2

 9  years.

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

11  costs directly incident to the provision of intercity bus

12  service, including any depreciation or amortization of capital

13  assets purchased without public financial assistance.

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

15  project undertaken by an intercity bus carrier to provide

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

17  construction, reconstruction, or improvement of a privately

18  operated intercity bus service. Projects may include that

19  portion of a governmentally owned or operated transit system

20  designed to support privately operated intercity bus service.

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

22  section 341.041, Florida Statutes, are amended, present

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

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

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

26         341.041  Transit responsibilities of the

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

28  provided pursuant to chapter 216:

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

30  public transit and intercity bus service needs at least 5

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

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    Florida Senate - 2003                           CS for SB 2070
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 1  will assure maximum use of existing facilities, and optimum

 2  integration and coordination of the various modes of

 3  transportation, including both governmentally owned and

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

 5  possible. The plan shall also incorporate plans adopted by

 6  local and regional planning agencies which are consistent, to

 7  the maximum extent feasible, with adopted strategic policy

 8  plans and approved local government comprehensive plans for

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

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

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

12  the Florida Transportation Plan developed pursuant to s.

13  339.155.

14         (2)  Formulate a specific program of projects and

15  project financing to respond to identified transit and

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

17         (4)  Provide technical and financial assistance to

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

19  an analysis of public transit and intercity bus service

20  problems and needs, to assist in establishing and implementing

21  effective transit systems and related support programs. In

22  providing such assistance, the department may assist public

23  agencies that provide public transit and intercity bus

24  carriers that provide intercity bus services by making

25  department-owned transit vehicles and appurtenances available

26  for lease to such agencies for special needs of limited

27  duration.

28         (5)  Coordinate activities between the public entities

29  and private entities on matters relating to public transit and

30  intercity bus services.

31  

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    Florida Senate - 2003                           CS for SB 2070
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 1         (6)  Assist in the development and implementation of

 2  marketing and passenger information programs for public

 3  transit and intercity bus services.

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

 5  341.031, to support projects that serve to maintain and

 6  enhance statewide intercity bus service. The department shall

 7  use and dedicate federal funds apportioned to intercity bus

 8  service according to federal requirements to support a

 9  statewide intercity bus network.

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

11  341.051, Florida Statutes, are amended to read:

12         341.051  Administration and financing of public transit

13  and intercity bus service programs and projects.--

14         (1)  FEDERAL AID.--

15         (a)  The department is authorized to receive federal

16  grants or apportionments for public transit and intercity bus

17  service projects in this state.

18         (b)  Local governmental entities are authorized to

19  receive federal grants or apportionments for public transit

20  and commuter assistance projects. In addition, the provisions

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

22  facilities is necessitated by the construction of a

23  fixed-guideway public transit project and the utilities

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

25  participating federal agency (if eligible for federal matching

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

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

28  of the nonfederal share of the cost attributable to such

29  relocation after deducting therefrom any increase in the value

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

31  

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    Florida Senate - 2003                           CS for SB 2070
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 1  facility. The balance of the nonfederal share shall be paid by

 2  the utility.

 3         (4)  PROJECT ELIGIBILITY.--

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

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

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

 7  transportation improvement program and the adopted work

 8  program of the department is eligible for the expenditure of

 9  state funds for transit purposes.

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

11  transportation facilities provided by the department under the

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

13  commuter assistance project, a public transit service

14  development project, an intercity bus service capital project,

15  an intercity bus service project, or a transit corridor

16  project.

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

18  being consistent with the criteria established pursuant to the

19  provisions of this act.

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

21  fund participation rates and the criteria established in this

22  section for project development and implementation, and are

23  subject to approval by the department as being consistent with

24  the Florida Transportation Plan and regional transportation

25  goals and objectives.

26         (c)  Unless otherwise authorized by the Legislature,

27  the department is prohibited from entering into any agreement

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

29  the ultimate expenditure or commitment of state funds in

30  excess of $5 million.

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

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    Florida Senate - 2003                           CS for SB 2070
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 1         (a)  The department may fund up to 50 percent of the

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

 3  of any eligible public transit capital project or commuter

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

 5  that departmental participation in the final design,

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

 7  individual fixed-guideway project which is not approved for

 8  federal funding shall not exceed an amount equal to 12.5

 9  percent of the total cost of each phase.

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

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

12  intercity bus service project,  or commuter assistance project

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

14  where no other governmental entity or appropriate jurisdiction

15  exists.

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

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

18  assist Florida's transit systems in becoming fiscally

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

20  department on an appropriate schedule not to exceed 5 years

21  after the date of provision of the advances.

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

23  percent of the capital and net operating costs of statewide

24  transit service development projects or transit corridor

25  projects. All transit service development projects shall be

26  specifically identified by way of a departmental appropriation

27  request, and transit corridor projects shall be identified as

28  part of the planned improvements on each transportation

29  corridor designated by the department. The project objectives,

30  the assigned operational and financial responsibilities, the

31  timeframe required to develop the required service, and the

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    Florida Senate - 2003                           CS for SB 2070
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 1  criteria by which the success of the project will be judged

 2  shall be documented by the department for each such transit

 3  service development project or transit corridor project.

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

 5  percent of the capital and net operating costs of transit

 6  service development projects that are local in scope and that

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

 8  such projects shall be identified in the appropriation request

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

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

11  following functional areas and is subject to the specified

12  times of duration:

13         1.  Improving system operations, including, but not

14  limited to, realigning route structures, increasing system

15  average speed, decreasing deadhead mileage, expanding area

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

17  to 3 years;

18         2.  Improving system maintenance procedures, including,

19  but not limited to, effective preventive maintenance programs,

20  improved mechanics training programs, decreasing service

21  repair calls, decreasing parts inventory requirements, and

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

23         3.  Improving marketing and consumer information

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

25  services, organized advertising and promotion programs, and

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

27  and

28         4.  Improving technology involved in overall

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

30  fare collection techniques, electronic data processing

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

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    Florida Senate - 2003                           CS for SB 2070
    306-2267-03




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

 2  federal-aid apportionment for intercity bus service.

 3  

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

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

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

 7         Section 4.  Subsections (2) and (6) of section 341.053,

 8  Florida Statutes, are amended to read:

 9         341.053  Intermodal Development Program;

10  administration; eligible projects; limitations.--

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

12  economic development of this state, the department shall

13  develop a proposed intermodal development plan to connect

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

15  both passenger and freight, and major intermodal connectors to

16  the Florida Intrastate Highway System facilities as the

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

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

19  integrated and interconnected system. The intermodal

20  development plan must:

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

22  network, including airports, seaports, rail lines and

23  terminals, intercity bus lines and terminals, and connecting

24  highways.

25         (b)  Prioritize statewide infrastructure investments,

26  including the acceleration of current projects, which are

27  found by the Freight Stakeholders Task Force to be priority

28  projects for the efficient movement of people and freight.

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

30  use of existing facilities and optimum integration and

31  coordination of the various modes of transportation, including

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    Florida Senate - 2003                           CS for SB 2070
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 1  both government-owned and privately owned resources, in the

 2  most cost-effective manner possible.

 3         (6)  The department is authorized to fund projects

 4  within the Intermodal Development Program, which are

 5  consistent, to the maximum extent feasible, with approved

 6  local government comprehensive plans of the units of local

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

 8  eligible for funding under this program include major capital

 9  investments in public rail and fixed-guideway transportation

10  facilities and systems which provide intermodal access; road,

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

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

13  terminals; construction of intermodal or multimodal terminals;

14  development and construction of dedicated bus lanes; and

15  projects which otherwise facilitate the intermodal or

16  multimodal movement of people and goods.

17         Section 5.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 2070

22                                 

23  The CS removes the section which authorized FDOT to spend
    state block grant transit funds for the costs of intercity bus
24  service development, and required FDOT to distribute 1 percent
    of the funds designated for the public transit block grant
25  program for intercity bus services.

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