§5326 — Title 49 Transportation | U.S. Code

Summary

The Secretary must create and run a national transit asset management system. The system must set a clear meaning for "state of good repair" with objective ways to measure asset condition. It must require transit agencies that get federal money to make transit asset management plans, make designated recipients report on the condition of their systems and any changes, provide a tool to estimate and prioritize capital needs over time, and offer technical help. Definitions: capital asset — equipment, rolling stock, infrastructure, and facilities used for public transit and owned or leased by funding recipients. Transit asset management plan — a recipient’s plan that includes an inventory, condition checks, decision tools, and investment priorities, and is certified to follow the rule. Transit asset management system — a planned process to operate, maintain, and improve transit assets over their life. Within 1 year after the Federal Public Transportation Act of 2012 was enacted, the Secretary must issue a final rule setting performance measures based on the state‑of‑good‑repair standards. Within 3 months after that rule and each fiscal year after, each funding recipient must set performance targets. Designated recipients must send an annual report about progress and the next year’s targets. The Secretary must also issue a final rule to implement the system within 1 year after that Act.

Title 49, §5326

Transportation — Source: USLM XML via OLRC

(a)In this section the following definitions shall apply:

(1)The term “capital asset” includes equipment, rolling stock, infrastructure, and facilities for use in public transportation and owned or leased by a recipient or subrecipient of Federal financial assistance under this chapter.

(2)The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that—

(A)includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and

(B)the recipient certifies complies with the rule issued under this section.

(3)The term “transit asset management system” means a strategic and systematic process of operating, maintaining, and improving public transportation capital assets effectively throughout the life cycle of such assets.

(b)The Secretary shall establish and implement a national transit asset management system, which shall include—

(1)a definition of the term “state of good repair” that includes objective standards for measuring the condition of capital assets of recipients, including equipment, rolling stock, infrastructure, and facilities;

(2)a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan;

(3)a requirement that each designated recipient of Federal financial assistance under this chapter report on the condition of the system of the recipient and provide a description of any change in condition since the last report;

(4)an analytical process or decision support tool for use by public transportation systems that—

(A)allows for the estimation of capital investment needs of such systems over time; and

(B)assists with asset investment prioritization by such systems; and

(5)technical assistance to recipients of Federal financial assistance under this chapter.

(c)(1)Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to establish performance measures based on the state of good repair standards established under subsection (b)(1).

(2)Not later than 3 months after the date on which the Secretary issues a final rule under paragraph (1), and each fiscal year thereafter, each recipient of Federal financial assistance under this chapter shall establish performance targets in relation to the performance measures established by the Secretary.

(3)Each designated recipient of Federal financial assistance under this chapter shall submit to the Secretary an annual report that describes—

(A)the progress of the recipient during the fiscal year to which the report relates toward meeting the performance targets established under paragraph (2) for that fiscal year; and

(B)the performance targets established by the recipient for the subsequent fiscal year.

(d)Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to implement the transit asset management system described in subsection (b).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (c)(1) and (d), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways. Codification Pub. L. 112–141, div. B, § 20019, July 6, 2012, 126 Stat. 707, which directed that section 5326 of this title be amended generally, was executed by adding a new section 5326 to reflect the probable intent of Congress. A prior section 5326 was repealed by Pub. L. 109–59, title III, § 3025(b), Aug. 10, 2005, 119 Stat. 1622.

Prior Provisions

A prior section 5326, Pub. L. 103–272, § 1(d),

July 5, 1994, 108 Stat. 826; Pub. L. 103–429, § 6(11), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105–178, title III, § 3023(a), (b),

June 9, 1998, 112 Stat. 364, related to turnkey system projects, acquisition of rolling stock, and procurement of associated capital maintenance items, prior to repeal by Pub. L. 109–59, title III, § 3025(b), Aug. 10, 2005, 119 Stat. 1622.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

§5326 Transit Asset Management