Mont. Indep. Living Project v. Department of Transportation
Decision Date | 31 December 2019 |
Docket Number | DA 19-0238 |
Citation | 2019 MT 298,398 Mont. 204,454 P.3d 1216 |
Parties | MONTANA INDEPENDENT LIVING PROJECT, Petitioner and Appellant, v. State of Montana, DEPARTMENT OF TRANSPORTATION, Respondent and Appellee. |
Court | Montana Supreme Court |
For Appellant: Elizabeth L. Griffing, Axilon Law Group, PLLC, Helena, Montana
For Appellee: Carol Grell Morris, Valerie A. Balukas, Special Assistant Attorneys General, Montana Department of Transportation, Helena, Montana
¶1 Montana Independent Living Project ("MILP") appeals an April 4, 2019 First Judicial District Court order denying MILP’s motion for summary judgment and granting the Montana Department of Transportation’s ("MDOT") motion for summary judgment. We affirm.
¶2 We restate the issues on appeal as follows:
¶3 The facts in this case are not in dispute. In 2001, the Montana Legislature passed S.B. 448, the Transportation Assistance for the Elderly and Disabled ("TransADE") program. The TransADE program provides operating assistance for bus transportation to state agencies serving elderly and disabled persons around Montana. The act authorized MDOT to administer the TransADE program and award special revenue grants using guidelines established in the State Management Plan for the purposes described in 49 U.S.C. §§ 5310 ( ) and 5311 (formula grants for rural areas).
¶4 In 2006, Congress passed a new federal transportation bill—the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ("SAFETEA-LU")—increasing Montana’s federal transit budget from $1.3 million to approximately $6.2 million and increasing the number of rural transit systems from nine to thirty-three providers. As a result of these increases, many transit providers required additional local funds. Consequently in 2007, the Montana Legislature passed S.B. 160, allowing TransADE funds to be used as match for federal operating grants pursuant to 49 U.S.C. § 5311.1
¶5 Also, in 2006, in response to Montana’s increased federal transportation budget, MDOT staff traveled to communities throughout Montana and held public meetings with community leaders, transit providers, county commissioners, non-profit organizations, and interested citizens.2 These meetings focused on coordinating and efficiently distributing state and federal funds consistent with state and federal statutory requirements. Feedback received at these meetings shaped the policies and procedures set forth in the State Management Plan, allowing MDOT to use federal formulas for disbursing federal transit grants and the Legislature’s formula for disbursing state TransADE grants.
¶6 TransADE grants are formula grants. Unlike competitive grants, in which primarily private organizations submit applications and are subject to a competitive selection process, formula grants are noncompetitive and generally awarded to state and local governments. Three basic elements comprise MDOT’s formula for determining TransADE grant awards: (1) the guidelines established in the State Management Plan, as required by § 7-14-112(3)(a), MCA ; (2) the three factors dictating grant award priority, pursuant to § 7-14-112(3)(b), MCA ; and (3) the criteria established in § 7-14-112(4), MCA, which MDOT utilizes for determining preference for state grant proposals.
Since October 2007, TransADE funds have been administered consistent with the guidelines set forth in the State Management Plan. The Federal Transit Administration ("FTA"), an agency within the United States Department of Transportation providing financial and technical assistance to local public transportation systems, requires that the State Management Plan describe the policies and procedures for administering the transit program, incorporating the factors and criteria for awarding grants expressed in § 7-14-112(3)(b) and, (4), MCA. The State Management Plan details the State’s transportation policies, including the coordination of transportation services in service areas through a Transportation Advisory Committee ("TAC").
¶8 Additionally, the State Management Plan dictates that for an applicant to receive either federal or state funding, it must provide "eligible services," i.e., "general public transportation services" and "consolidated human service transportation." For nonurbanized areas and intercity bus transportation projects, the TAC chooses a "lead agency" for submission of one grant application for each area. This streamlined application process allows the lead agency to administer the grant funding for each community, ensuring efficient coordination of services in an area and avoiding duplication of general public transportation services.3 MDOT does not prioritize or monitor TransADE services at the local level or determine the entities that receive TransADE funds, but simply provides assistance to the lead agencies.
¶9 As noted, TransADE awards are further decided by the factors and criteria detailed in § 7-14-112(3)(b) and (4), MCA. Section 7-14-112(3)(b)(i)-(iii), MCA, provides three factors for determining priority in awarding TransADE grants:
Additionally, § 7-14-112(4)(a)-(h), MCA, provides that MDOT must give preference to grant proposals that:
¶10 Applicants electronically submit applications online through MDOT’s Public Transportation Management System ("PTMS") website. Applicants must: (1) attach local TAC meeting minutes; (2) address all requirements of § 7-14-112(4), MCA ; (3) include local coordination efforts; (4) meet all federal and state requirements; and (5) include TransADE award justification. MDOT’s fiscal planner inputs population and ridership information collected from PTMS, as required by § 7-14-112(3)(b), MCA, into an Excel spreadsheet. Based on these statistics, TransADE grants are determined without MDOT’s discretion to award different amounts than that calculated. As provided for in the State Management Plan, if a lead agency’s application meets the requirements set forth in § 7-14-112, MCA, it is automatically awarded the TransADE grant.
¶11 Because TransADE grants are formula grants, the Legislature has delegated audit authority to the Montana State Auditor. As explained in the affidavit of Audrey Allums, the TransADE program is subject to internal, state, and federal audits on a regular basis to ensure statutory compliance. MDOT has been subject to these audits since TransADE’s implementation in 2001, all of which have complied with state and federal regulations.
¶12 The Montana Independent Living Project ("MILP") is a nonprofit organization with a principal place of business in Helena, Montana. MILP is just one of several transportation service providers within the Helena area promoting independence for the elderly and disabled. MILP has been a member of the Helena area TAC for over a decade. In November 2016, consistent with standard practices, MDOT used an Excel formula spreadsheet based on the criteria required by §...
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