Presented by: Judith Norman - Transportation Consultant (JNTC) In Association with:

1. Presentation to:California Department of Transportation (Caltrans)Mobility Action Plan (MAP) Phase IImplementation StudyMAP PAC Committee Meeting Presented by: Judith Norman - Transportation Consultant (JNTC) In Association with: The National Conference of State Legislatures October 29, 2008

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) Judith Norman-Transportation Consultant

3. 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 Judith Norman-Transportation Consultant

4. 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. Judith Norman-Transportation Consultant

5. 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 Judith Norman-Transportation Consultant

6. 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." Judith Norman-Transportation Consultant

7. 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. Judith Norman-Transportation Consultant

8. 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. Judith Norman-Transportation Consultant

9. 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. Judith Norman-Transportation Consultant

10. 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." Judith Norman-Transportation Consultant

11. CALIFORNIA: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

12. CALIFORNIA: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

13. CALIFORNIA: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

14. CALIFORNIA: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

15. CALIFORNIA: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

16. CALIFORNIA MEDI-CAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES Cal. Welfare and Institutions Code §§ 14132(i) and 14132(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. Judith Norman-Transportation Consultant

17. CALIFORNIA MEDI-CAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

18. CALIFORNIA MEDI-CAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

19. CALIFORNIA MEDI-CAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES Cal. Welfare and Institutions Code § 14136.5 (West 2008 • 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. Judith Norman-Transportation Consultant

20. CALIFORNIA MEDI-CAL: HUMAN SERVICETRANSPORTATION-RELATED STATUTES Cal. Welfare and Institutions Code § 14136.3 (West 2008 • 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. Judith Norman-Transportation Consultant

21. PERSONS WITH DISABILITIES: HUMAN SERVICETRANSPORTATION-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. Judith Norman-Transportation Consultant

22. PERSONS WITH DISABILITIES: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

23. PERSONS WITH DISABILITIES: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

24. PERSONS WITH DISABILITIES: HUMAN SERVICETRANSPORTATION-RELATED STATUTES 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. Judith Norman-Transportation Consultant

25. 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. Judith Norman-Transportation Consultant

26. 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 Judith Norman-Transportation Consultant

27. HUMAN SERVICE TRANSPORTATION-RELATEDFUNDING AND PROGRAM REQUIREMENTS • Overview of Federal funding requirements: Sections 5310, 5316 and 5317 • Coordinated Plan Provisions and Requirements • Roles and Responsibilities Judith Norman-Transportation Consultant

28. 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 Judith Norman-Transportation Consultant

29. HUMAN SERVICE TRANSPORTATION-RELATED FUNDING AND PROGRAM 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 Judith Norman-Transportation Consultant

30. HUMAN SERVICE TRANSPORTATION-RELATED FUNDING AND PROGRAM 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 Judith Norman-Transportation Consultant

31. HUMAN SERVICE TRANSPORTATION-RELATEDFUNDING AND PROGRAM REQUIREMENTS • 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). Judith Norman-Transportation Consultant

32. HUMAN SERVICE TRANSPORTATION-RELATEDFUNDING AND PROGRAM REQUIREMENTS • 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]. Judith Norman-Transportation Consultant

33. HUMAN SERVICE TRANSPORTATION-RELATEDFUNDING AND PROGRAM REQUIREMENTS • 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) Judith Norman-Transportation Consultant

34. HUMAN SERVICE TRANSPORTATION-RELATED FUNDING AND PROGRAM 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 Judith Norman-Transportation Consultant

35. HUMAN SERVICE TRANSPORTATION-RELATED FUNDING AND PROGRAM 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 Judith Norman-Transportation Consultant

36. FUNDING PROGRAM COMMON FUNDING ELEMENTS • Designated Recipient Role • Preparation of Coordinated Plan • Competitive Selection Process • Mobility Management Element • State Planning Process and Certification Judith Norman-Transportation Consultant

37. 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 Judith Norman-Transportation Consultant

38. 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 Judith Norman-Transportation Consultant

39. 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 Judith Norman-Transportation Consultant

40. 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 Judith Norman-Transportation Consultant

41. CONCLUSION • END OF PART II Judith Norman-Transportation Consultant