Sec. 104. Federal Transit Administration
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The Secretary may make grants under this subsection to assist eligible entities in financing capital projects to upgrade accessibility for persons with disabilities by increasing the number of covered stations that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ). A grant awarded under this section shall be used on a covered system for the purpose described in paragraph
(1)only— for a project to repair, improve, or relocate station infrastructure at a covered station; to develop or modify a plan for pursuing public transportation accessibility projects; or to carry out other projects at covered stations that meet (including exceeding) the new construction standards of title II of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 et seq. ). The Secretary— may not provide a grant awarded under this subsection to upgrade a station that is accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, consistent with current new construction standards under title II the Americans with Disabilities Act of 1990 ( 42 U.S.C. 1231 et seq. ); and may provide a grant to upgrade a station that is not accessible and usable as described in paragraph (1), even if related services, programs, or activities, when viewed in entirety, are readily accessible and usable as so described. To apply for a grant under this subsection, an applicant shall provide to the Secretary such information as the Secretary may require, including, at a minimum, information on— the extent to which the proposed project will increase the accessibility of a covered system; projected improvements in access to jobs, community activities, and essential destinations provided by such project; the applicant’s plans to— enhance the customer experience and maximize accessibility of rolling stock and stations for individuals with disabilities; improve the operations of, provide efficiencies of service to, and enhance the public transportation system for individuals with disabilities; and address equity of service to all riders regardless of ability, including for riders of differing abilities that are low-income, seniors, or riders from communities of color; and coordination between the applicant and disability advocacy entities. The Federal share of the net project cost of a grant provided under this subsection shall be 90 percent. The recipient may provide additional local matching amounts. Except as otherwise provided under this subsection, a grant provided under this subsection shall be subject to the requirements of section 5307 of title 49, United States Code. The Secretary may provide funds authorized under this subsection through 1 or more notices of funding opportunity. There is authorized to be appropriated from the Mass Transit Account $1,000,000,000 for fiscal year 2022 to provide grants under this subsection. Amounts made available under this subsection— shall remain available for 4 fiscal years after the fiscal year for which the amount is made available; and that remain unobligated at the end of the period described in subparagraph
(A)shall be made available to other eligible projects. In this section: The term covered station means a rail fixed guideway public transportation station for passenger use constructed prior to the date of enactment of this Act. The term covered system means a rail fixed guideway public transportation system that was in operation before July 26, 1990. The term disability has the meaning given such term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term eligible entity means a State or local governmental authority that operates a rail fixed guideway public transportation system that was in operation before July 26, 1990. The Secretary may make grants under this subsection to eligible recipients for eligible projects to establish new bus service or increase the frequency of bus service. Eligible projects under this subsection are projects in eligible areas— to establish or enhance bus service with headways equal to or shorter than 20 minutes for at least 18 hours per day in neighborhoods lacking such service; to establish or increase express lane transit service that connects communities to jobs and essential destinations, as long as such service will improve mobility or expand affordable transportation options in underserved communities; or to establish or enhance high-quality bus service to community colleges and Minority Serving Institutions, including Historically Black Colleges and Universities. Eligible costs under this section include— acquisition of vehicles; acquisition, installation, and construction of bus stops, stations, and related infrastructure; maintenance activities to support the expanded service; adding service hours or days to existing transit service; and operating expenses for up to 2 years beginning on the first day of revenue service. To apply for a grant under this subsection, an applicant shall provide to the Secretary such information as the Secretary may require, including information on the extent to which the project will— provide reliable and frequent connections to jobs, education and workforce training, and essential destinations; reduce air pollution and greenhouse gas emissions; and support unserved and underserved populations and communities. The Federal share of the net project cost of a capital project carried out using a grant under this subsection shall be 80 percent. The recipient may provide additional local matching amounts. The Federal share of net operating costs for a project carried out using a grant under this subsection shall be not more than 50 percent. A grant under this subsection shall be subject to the requirements of section 5307 of title 49, United States Code, for eligible recipients, except operating expenses shall be eligible for funding under this subsection for 2 years beginning on the first day of revenue service in urbanized areas with populations greater than 200,000. The new or enhanced service funded under this subsection shall be operated for a period of at least 5 years. The Secretary may provide funds authorized under this subsection through 1 or more notices of funding opportunity. In making competitive grants under this subsection, the Secretary shall, to the extent practicable, have a goal that 40 percent of the overall benefits of the Federal investment flow to disadvantaged communities, consistent with sections 219 and 223 of Executive Order 14008 and related regulations, Executive Orders, and administrative guidance. Any amounts made available under this subsection— shall remain available for 2 fiscal years after the fiscal year for which the amount is made available; and that remain unobligated at the end of the period described in subparagraph
(A)shall be made available to other eligible projects. There is authorized to be appropriated out of the Mass Transit Account $1,000,000,000 for fiscal year 2022 to provide grants under this subsection. In this subsection: The term eligible area means a neighborhood or service area, as defined by the Secretary, within an urbanized area that has a population of more than 100,000 where fewer than 45,000 annual fixed route bus vehicle revenue miles per square mile are operated. The term eligible recipient means— designated recipients that allocate funds to fixed route bus operators or express lane transit operators; or State or local governmental entities that operate or propose to operate fixed route bus service or express lane transit. The term express lane transit means an integrated combination of bus rapid transit and tolled managed lanes that allows for limited access entry of toll paying vehicles to restricted lanes, while prioritizing transit’s need and use of available capacity in order to improve transit performance. In addition to amounts made available under section 5338(b) of title 49, United States Code, and section 102(a)(2)(B)(iii) of this division, there are authorized to be appropriated for fiscal year 2022 such sums as may be necessary to increase the Federal share, at the request of the project sponsor, of a new fixed guideway, a core capacity improvement, or a small starts project that is not open to revenue service and that has received an allocation of funding in fiscal years 2019, 2020, or 2021. In making allocations under subparagraph (1), the Secretary shall take into consideration the extent to which the project sponsor demonstrates a need for a higher Federal share, including the extent to which— a project sponsor made a local financial commitment that exceeded 20 percent of the cost of the project; and a project sponsor has experienced, as a result of the coronavirus public health emergency. Notwithstanding any other provision of law, if a project meets 1 or both of the criteria in paragraph (2), the Secretary shall increase the Federal share of a project under this section by up to 30 percent, up to a maximum of an 80 percent Federal share. Amounts distributed under this subsection shall be provided notwithstanding the limitation of any calculation of the maximum amount of Federal financial assistance for the project for a new fixed guideway, a core capacity improvement, or a small start project.
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- 42 USC 1231
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Sec. 104
Federal Transit Administration
Cite42 USC 1231
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