37.141 Requirements for a joint paratransit plan.


(a) Two or more entities with overlapping or contiguous service areas or jurisdictions may develop and submit a joint plan providing for coordinated paratransit service.  Joint plans shall identify the participating entities and indicate their commitment to participate in the plan.
The Department believes that, particularly in large, multi-provider regions, a coordinated regional paratransit plan and system are extremely important.  Such coordination can do much to ensure that the most comprehensive transportation can be provided with the most  
efficient use of available resources.  We recognize that the effort of putting together such a coordinated system can be a lengthy one.  This section is intended to facilitate the process of forming such a coordinated system.

Entities submitting a joint plan do not have any longer than any other entities to fully implement complementary paratransit service.  In any case, all plans (joint or single) must be fully implemented by January 26, 1997, absent a waiver for undue financial burden. (which would, in the case of a joint plan, be considered on a joint basis).
(b) To the maximum extent feasible, all elements of the coordinated plan shall be submitted on January 26, 1992.  If a coordinated plan is not completed by January 26, 1992, those entities intending to coordinate paratransit service must submit a general statement declaring their intention to provide coordinated service and each element of the plan specified in 37.139 to the extent practicable.  In addition, the plan must include the following certifications from each entity involved in the coordination effort:
  1. (1) A certification that the entity is committed to providing ADA paratransit service as part of a coordinated plan.
  2. (2) A certification from each public entity participating in the plan that it will maintain current levels of paratransit service until the coordinated plan goes into effect.
If a number of entities wish to submit a joint plan for a coordinated system, they must, like other entities, submit a document by January 26, 1992.  At a minimum, this document must include the following:
  1. A general statement that the participating entities intend to file a joint coordinated plan;
  2. A certification from each participating entity that it is committed to providing paratransit as a part of a coordinated plan;
  3. A certification from each participating entity that it will maintain at least current levels of paratransit service until the coordinated paratransit service called for by the joint plan is implemented;
  4. As many elements of the plan as possible.
(c) Entities submitting the above certifications and plan elements in lieu of a completed plan on January 26, 1992, must submit a complete plan by July 26, 1992.
These provisions ensure that significant planning will precede, and plan implementation will begin by, January 26, 1992, without precluding entities from cooperating because it was not possible to complete coordinating different public entities by that date. The entities involved in a joint plan are required to submit all elements of their plan by July 26, 1992.
(d) Filing of an individual plan does not preclude an entity from cooperating with other entities in the development or implementation of a joint plan.  An entity wishing to join with other entities after its initial submission may do so by meeting the filing requirements of this section.
The final provision in the section notes that an entity may later join a coordinated plan, even if it has filed its own plan on January 26, 1992.  (An entity must submit its own plan by January 26, 1992, if it has not provided a certification of participation in a joint plan.).  In this case, the entity must provide the assurances and certifications required of all of the other participating entities.  The Department fully expects that many jurisdictions filing joint plans will be able to do so by January 26, 1992.  For those who cannot, the regulatory provision ensures that there will be no decrease in paratransit service.  Further, since we anticipate coordinated service areas to provide more cost effective service, complete implementation of a joint plan could be more rapid than if each entity was providing service on its own.