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<section article="gtr" article_name="Transportation" number="2-103.3" title_number="2" title_name="Department of Transportation" subtitle_number="1" subtitle_name="Organization and General Authority of the Department">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“County” includes Baltimore City.</text>
    </level>
    <level label="3">
      <text>“Elderly and handicapped person” means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable to use mass transit facilities and services as effectively as a person who is not so affected.</text>
    </level>
    <level label="4">
      <text>“Transportation service” means any transportation option or mix of options that may include paratransit or fixed route service, established or employed by a county to accommodate the transportation needs of its elderly and handicapped residents.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>Subject to subparagraphs (ii) through (iv) of this paragraph, the Secretary shall identify separately within the Department’s annual budget an amount to be used for elderly and handicapped transportation service in each county.</text>
      </level>
      <level label="ii">
        <text>For fiscal year 2024, the Secretary shall identify separately within the Department’s annual budget at least $4,305,908 to be used for elderly and handicapped transportation service.</text>
      </level>
      <level label="iii">
        <text>For fiscal year 2025 and each fiscal year thereafter, the Secretary shall identify separately within the Department’s annual budget an amount for elderly and handicapped transportation service that is equal to at least the amount in the immediately preceding fiscal year adjusted for inflation in accordance with subparagraph (iv) of this paragraph.</text>
      </level>
      <level label="iv">
        <level label="1">
          <text>The inflation adjustment shall equal the product of multiplying the amount of funding in the immediately preceding fiscal year by the percentage increase in the Consumer Price Index for All Urban Consumers.</text>
        </level>
        <level label="2">
          <text>The percentage increase in the Consumer Price Index for All Urban Consumers shall be determined by comparing the average of the index for the 12 months ending on the November 30 immediately preceding the fiscal year for which the funding amount is being calculated to the average of the index for the prior 12 months.</text>
        </level>
        <level label="3">
          <text>If there is a decline or no growth in the Consumer Price Index for All Urban Consumers, the amount of funding under this paragraph shall remain unchanged.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>The amount the Secretary identifies, or such other amount as may be appropriated by the General Assembly for the provision of elderly and handicapped transportation service in each county, shall be distributed as provided in subsections (c), (d), and (e) of this section.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Of the amount separately identified or otherwise appropriated under subsection (b) of this section, the Secretary shall:</text>
      <level label="i">
        <text>Allocate 60 percent equally among the counties; and</text>
      </level>
      <level label="ii">
        <text>Allocate the remaining amount among the counties in proportion to their respective percentages of the State’s combined elderly and handicapped population.</text>
      </level>
    </level>
    <level label="2">
      <text>Subject to the limitations provided in subsection (f) of this section, the Secretary shall distribute all such allocated amounts to those counties which file a written application with the Department in such form and detail as the Secretary requires.</text>
    </level>
    <level label="3">
      <text>A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.</text>
    </level>
    <level label="4">
      <text>The Secretary shall consult with the Department of Aging and the Department of Disabilities in distributing the funds available under this section.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In determining local transportation needs, the counties shall take into account the elderly and handicapped transportation needs of the municipalities within their jurisdictions. Nothing in this section shall preclude a municipality from requesting the county to apply for part or all of the county’s allocation of funds available under this section on behalf of the municipality.</text>
    </level>
    <level label="2">
      <text>In the event a municipality believes it is not afforded a reasonable share of the funds available to the county under this section, the municipality may appeal the county’s allocation decision directly to the Secretary.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>If any of the allocated funds described in subsection (c) of this section are not applied for by the counties within 6 months after the beginning of the fiscal year, the Secretary shall make those funds available to counties pursuant to application procedures and criteria developed by the Secretary, in consultation with the Department of Aging and the Department of Disabilities. The criteria shall provide that:</text>
      <level label="i">
        <text>Such funds may be made available to counties in which the Secretary determines that additional funds for transportation service to the elderly and handicapped are most needed; and</text>
      </level>
      <level label="ii">
        <text>Local match requirements described in subsection (f) of this section shall apply to all disbursements.</text>
      </level>
    </level>
    <level label="2">
      <text>A written application submitted by a county under this subsection may not be accepted or considered by the Secretary unless the local area agency on aging certifies its approval of the project for the funding for which the application is made.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The Department shall provide capital assistance with funds described in this section only on the basis of a 95 percent State, 5 percent county matching fund obligation.</text>
    </level>
    <level label="2">
      <text>The Department shall provide operating assistance with funds described in this section only:</text>
      <level label="i">
        <text>To fund operating deficits of the county’s transportation service; and</text>
      </level>
      <level label="ii">
        <text>On the basis of a 75 percent State, 25 percent county matching fund obligation.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>The Secretary, in consultation with the Department of Aging and the Department of Disabilities, shall develop procedures for the proper enforcement of this section. The procedures shall provide that:</text>
    <level label="1">
      <text>A county shall use all amounts distributed to it under this section only for the acquisition or replacement of equipment or for the operating costs of the county’s transportation service;</text>
    </level>
    <level label="2">
      <text>A county, in consultation with the local area agency on aging, shall determine the most effective means of serving the transportation needs of its elderly and handicapped residents;</text>
    </level>
    <level label="3">
      <text>Each county shall cooperate with the others to best serve the transportation needs of the State’s elderly and handicapped residents; and</text>
    </level>
    <level label="4">
      <text>A county administering a transportation service that receives funds under this section:</text>
      <level label="i">
        <text>Shall provide trips for any purpose;</text>
      </level>
      <level label="ii">
        <text>Shall serve the elderly and handicapped citizens within the service areas identified in its application;</text>
      </level>
      <level label="iii">
        <text>May not restrict its transportation service to clients of social service agencies;</text>
      </level>
      <level label="iv">
        <text>May establish reasonable fares; and</text>
      </level>
      <level label="v">
        <text>May permit persons other than the elderly and handicapped to use or benefit from its transportation service to the extent capacity is available.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>The Secretary in consultation with the Department of Aging and the Department of Disabilities shall monitor the use of funds provided under this section.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>On or before December 1 each year, the Secretary shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the amount of funding distributed to each county and municipality under this section during the prior fiscal year.</text>
      </level>
      <level label="ii">
        <text>The report under subparagraph (i) of this paragraph shall include an estimate of:</text>
        <level label="1">
          <text>The number of individuals receiving transportation services supported by the distributions under this section during the prior fiscal year;</text>
        </level>
        <level label="2">
          <text>The number of individual trips provided to individuals supported by the distributions under this section during the prior fiscal year; and</text>
        </level>
        <level label="3">
          <text>The number of individual trips required by elderly and handicapped persons in the State for the prior fiscal year and the next fiscal year.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="i">
    <text>A county that receives funds under this section may not use such funds to replace any money it receives from other sources for transportation service for the elderly and handicapped.</text>
  </level>
  <level label="j">
    <text>Federal funds provided to the State for use in connection with the provision of transportation service to the elderly and handicapped may not be diverted to other uses by the State.</text>
  </level>
  <level label="k">
    <text>The Secretary shall encourage each county to:</text>
    <level label="1">
      <text>Continue to maximize use of existing funding programs for elderly and handicapped transportation service; and</text>
    </level>
    <level label="2">
      <text>Enter into cooperative agreements with other local or State resource providers.</text>
    </level>
  </level>
  <level label="l">
    <text>Nothing in this section prohibits a county from:</text>
    <level label="1">
      <text>Contracting with nonprofit organizations, area agencies on aging, public transportation providers, or private carriers for the provision of transportation service to the elderly and handicapped;</text>
    </level>
    <level label="2">
      <text>Modifying or expanding any existing local transportation system; or</text>
    </level>
    <level label="3">
      <text>Developing a new transportation system with the use or assistance of subsidized volunteers.</text>
    </level>
  </level>
</section>
