II 111th CONGRESS 2d Session S. 3412 IN THE SENATE OF THE UNITED STATES May 25, 2010 Mr. Dodd (for himself, Mr. Menendez, Mr. Durbin, Mr. Schumer, Mr. Lautenberg, Mr. Brown of Ohio, Mr. Reed, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide emergency operating funds for public transportation.

1.

Short title

This Act may be cited as the Public Transportation Preservation Act of 2010.

2.

Findings

Congress finds the following: (1)The American Public Transportation Association estimates that since January 1, 2009, 84 percent of transit systems have raised fares, cut service or are considering one of those actions. (2)Many low-income workers, older Americans, and people with disabilities depend on transit service to get to jobs and health care. Reduced service and higher fares can have a devastating effect on their quality of life. (3)Millions of Americans use transit every day. Reduced transit service makes it harder for workers to access jobs and puts more cars on the road, worsening already bad traffic congestion in many metropolitan areas.

3.

Emergency operating funds for public transportation

(a)

General authority

The Secretary of Transportation may make grants to States and designated recipients that receive funding under chapter 53, United States Code, for the operating costs of equipment and facilities for use in public transportation. (b)

Apportionment of funds

Of the funds made available under this section— (1)80 percent shall be apportioned in accordance with section 5336 of title 49, United States Code; (2)10 percent shall be apportioned in accordance with section 5340 of title 49, United States Code; and (3)10 percent shall be apportioned to other than urbanized areas in accordance with section 5311 of title 49, United States Code. (c)

Use of funds

(1)

In general

Except as provided in paragraph (2), the amounts apportioned to a State or urbanized area pursuant to subsection (b) shall be used— (A)for operating expenses necessary to— (i)restore a reduction in public transportation service and related workforce reductions; or (ii)rescind all or a portion of a fare increase; if such reduction or increase was due to decreased State or local funding or farebox revenue, that occurred on or after January 1, 2009; and(B)to prevent reductions or increases described in subparagraph (A) through September 30, 2011. (2)

Exception

(A)

In general

If a recipient submits a certification to the Secretary that the recipient has not had a major reduction in public transportation service, as described in section 5307(d)(1)(I) of title 49, United States Code, or a fare increase as a result of decreased State or local operating funding, and will be able to avoid such reductions or increases through September 30, 2011, without the funds made available by this section, a recipient may use the funds to replace, rehabilitate, or repair existing transit capital assets used in public transportation as defined under section 5302(a)(10) of title 49, United States Code. (B)

Use of remaining funds

A recipient may use any remaining funds made available by this section to replace, rehabilitate, or repair existing transit capital assets used in public transportation as defined under section 5302(a)(10) of title 49, United States Code if that recipient has— (i)restored a major reduction in public transportation service or rescinded a fare increase; and (ii)is able to avoid reductions or increases described in paragraph (1)(B). (d)

Requirements

Applicable requirements of chapter 53 of title 49, United States Code, shall apply to funding provided under this section. Section 1101(b) of Public Law 109–59 (119 Stat. 1156) shall apply to funding provided under this section. (e)

Government share of costs

A grant under this section shall be, at the option of the recipient, up to 100 percent of the net cost of the project. (f)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $2,000,000,000 to remain available for obligation through September 30, 2011. (g)

Funds availability

Funds apportioned under this section and obligated on or before September 30, 2011, shall be expended on or before July 1, 2012. (h)

Oversight

Three-quarters of 1 percent of the funds available under paragraphs (1) and (2) of subsection (b), and one-half of 1 percent of the funds available under paragraph (3) of subsection (b), shall be provided for administrative expenses and program management oversight, and such funds shall be available through September 30, 2013.