Öffentlicher Personennahverkehr; Beantragung einer komplementären Infrastrukturförderung aus dem Härtefonds

The Free State of Bavaria grants subsidies in accordance with Art. 13c Para. 2 BayFAG for the construction or expansion of transport facilities for general local public transport (ÖPNV) and S-\Bahnen, insofar as this is also eligible for funding under BayGVFG/GVFG.

Purpose

The funds of Art. 13c Para. 2 of the Bavarian Financial Equalization Act (BayFAG) are to be used in accordance with Art. 21 Para. 2 of the Law on Local Public Transport in Bavaria (BayÖPNVG) to secure the complementary financing of construction or expansion projects for transport facilities of general local public transport (e.g. underground railways, trams and regular bus services and suburban railways (Art. 29 Para. 3 BayÖPNVG)).(e.g. subway railroads, streetcars and regular bus services) and urban railroads (Art. 29 Para. 3 BayÖPNVG) that are funded in accordance with the Bavarian Municipal Transport Financing Act (BayGVFG) or the Federal Municipal Transport Financing Act (GVFG).

Funding for these public transport construction measures from the federal GVFG program is only possible if the eligible costs exceed €30 million.

Object

The construction or expansion of the following transport facilities can be funded in accordance with Art. 13c Para. 2 BayFAG, insofar as they serve public transport and the construction measure is funded in accordance with BayGVFG and GVFG:

• Traffic routes for streetcars, elevated and subway railroads as well as railroads of a special design, provided that they are predominantly, i.e. more than 50%, either on special railroad structures or on sections of track that ensure priority for the railroads by means of suitable designs or guidance systems,
• Traffic routes for urban railroads,
• Central bus stations,
• Stopping facilities for passengers boarding and alighting from public transport vehicles,
• depots and central workshops,
• Acceleration measures for public transport, in particular computer-controlled operations control systems and technical measures for controlling traffic lights (e.g. bus priority circuits and bus lanes),
• public transfer parking spaces for motor vehicles and bicycles at public transport stops, insofar as they are intended and suitable for serving the transition between private transport and public transport.

The basis for the funding of public transport infrastructure facilities in accordance with the GVFG federal program/BayGVFG and BayFAG is regulated in the guidelines for the granting of subsidies by the Free State of Bavaria for local public transport (RZÖPNV).

Eligible costs

• Eligible costs are not the total costs of a construction project, but the eligible expenditure determined by the granting authority.
• In principle, expenditure on measures for the construction or expansion of transport facilities and public transport routes is eligible for funding under Art. 13c Para. 2 BayFAG to the extent that it is eligible for funding under GVFG or BayGVFG and their implementing provisions.
• Eligible expenditure is determined in accordance with Nos. 6.2 and 6.3 RZÖPNV.

Type and amount

The funding is granted as a subsidy.
The type of funding is project funding.
The funding period covers the entire duration of the project.

• The grants in accordance with Art. 13c Para. 2 BayFAG are granted as a percentage of the eligible costs with a maximum amount (proportional funding), unless fixed-amount funding appears appropriate in individual cases, in particular when applying cost benchmarks.
• The assessment of the amount of funding in the individual case is based on No. 6.4 RZÖPNV.
• The amount of the BayFAG grant is up to 5% of eligible expenditure up to and including € 2.5 million and generally up to 10% of eligible expenditure in the case of eligible expenditure of more than € 2.5 million.
• The total amount of the grants should not exceed 90% of the eligible expenditure.
• The recipient of the grant must make an appropriate contribution of at least 10% of the eligible expenditure.

• Required document/s
  • Application for a grant (sample 1a for Art. 44 BayHO)
  • Explanatory report with a detailed description of the intended improvement in traffic conditions
  • Overview plan of the project
  • Plans necessary for the assessment of the measure (construction plans, site plan, land acquisition plan if applicable, design plan, cross-sections)
  • Cost estimate/cost calculation with cost summary
  • Determination of eligible costs in accordance with Annex 2 of the RZÖPNV
  • Statement from the public transport authority
  • Involvement of the responsible representative for the interests of people with disabilities in accordance with Art. 18 of the Bavarian Disability Equality Act or the local representative for people with disabilities or the advisory councils for people with disabilities
  • Supplementary documents for bus depots and central workshops in accordance with No. 8.2.1.10 RZÖPNV
  • Declaration of subsidy relevance in accordance with Annex 1 of the RZÖPNV

Grants in accordance with Art. 13c Para. 2 BayFAG can only be awarded if the requirements of Art. 3 BayGVFG are met. Accordingly, the project must

• be urgently required in terms of type and scope to improve traffic conditions
• take into account the objectives of regional and state planning and fulfill the other legal requirements,
• be provided for in a general transportation plan or equivalent plan,
• be planned in a structurally and traffic-technically sound manner and in accordance with the principle of economic efficiency and economy,
• be coordinated with urban development measures that may be affected,
• take into account the needs of people with disabilities or restricted mobility and meet accessibility requirements as far as possible.
• The financing of the project or a construction phase of the project with its own transport significance must be guaranteed.

Exclusion criteria:

• The planned construction project is not eligible for funding under BayGVFG or GVFG.
• The construction project was started before the funding decision was issued and without prior approval for the early start of the project.

The application for a grant must be submitted in writing and also electronically to the relevant district government using the form in accordance with template 1a of Art. 44 BayHO together with the required documents. The applicable forms can be found under "Required documents" (see also No. 8 RZÖPNV).

Further procedure:

• The government examines and decides on the grant application.
• Allocations are approved by the government for one financial year at a time.

Early start of measures: Possible after approval

Explanation:

Construction work may only begin after the first approval notice has been issued or after the government has given its prior consent to the early start of the project.

None

The applicant/beneficiary may lodge an appeal against the grant notification within one month of notification. The competent administrative court to which the appeal can be submitted will be indicated in the notification.