§ 15-B — New York city accessible transportation system; New York city transportation disabled committee

New York § 15-B

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 2: Powers, Duties and Jurisdiction of the Department of Transportation

Text

§ 15-b. New York city accessible transportation system; New York city\ntransportation disabled committee. 1. Definitions. When used in this\nsection:\n a. "Authority" shall mean the New York city transit authority and its\nsubsidiaries.\n b. "Committee" shall mean the New York city transportation disabled\ncommittee established pursuant to subdivision two of this section.\n c. "Contractor" shall mean any person, firm, partnership, association,\ncorporation, or any state agency, public authority, political\nsubdivision or municipality of this state which enters into a contract\nrelated to the provision of paratransit transportation in accordance\nwith the provisions of this section.\n d. "Paratransit transportation" shall mean specialized\ndemand-responsive, shared-ride revenue services provided to\ntransportation disabled persons on a regular and continuing basis.\n e. "Rapid transit station" shall mean any facility located along a\nrapid transit railway designed and used under normal operating\nconditions by patrons of such rapid transit railway to gain access to\nand egress from such rapid transit railway, including any portion\ntherein, together with the devices and appurtenances, facilities and\nequipment thereof and other instrumentalities used or useful therefor or\nin connection therewith.\n f. "Transportation disabled person" shall mean any individual,\nincluding individuals in wheelchairs, who, by reason of illness, injury,\nage or other semi-permanent or permanent incapacity or disability, is\nunable to utilize mass transportation facilities without special\nfacilities, equipment or special planning or design.\n 2. New York city accessible transportation disabled committee. a. To\nassist in the development of an integrated New York city accessible\ntransportation system, hereinafter referred to as the "system", a New\nYork city transportation disabled committee is hereby created. Such\ncommittee shall consist of an advisor to the mayor of the city of New\nYork on transportation, the director of the mayor's office of the\nhandicapped in the city of New York, the commissioner of the department\nfor the aging in the city of New York, the commissioner of the state\ndepartment of transportation, the state advocate for the disabled, the\ndirector of the state office for the aging, four transportation disabled\npersons who reside or work in the city of New York to be appointed by\nthe governor, two of which shall be so appointed upon the recommendation\nof the mayor of the city of New York, and one individual who resides or\nworks in the city of New York and who has experience with transportation\nservices for transportation disabled persons to be appointed by the\ngovernor, upon the recommendation of the mayor. The mayor of the city of\nNew York shall select one person from among the voting members of the\ncommittee who shall serve as chairperson of the committee at the\npleasure of the mayor of the city of New York.\n The appointed membership shall serve four year terms. If a vacancy in\nthe appointed membership shall occur by reason of the death,\ndisqualification, resignation, or removal of a member, a successor shall\nbe appointed by the governor or the mayor for the unexpired term by the\nsame procedure used to appoint the predecessor.\n The governor may remove any member for inefficiency, neglect of duty\nor misconduct in office after giving him a copy of the charges against\nhim and an opportunity to be heard, in person or by counsel in his\ndefense, upon not less than ten days' notice.\n b. No more than three percent of funding available for paratransit\ntransportation may be used for purposes of administering the powers and\nduties of the committee. Each member of the committee shall receive\nreimbursement for actual and necessary expenses incurred in the\nperformance of committee duties except that no officer or employee of\nthe state, the city or a public authority shall be entitled to such\nexpense reimbursement.\n c. A majority of the whole number of voting members of the committee\nshall constitute a quorum for the transaction of the committee's\nbusiness. The committee shall have the power to act by a majority vote\nof the members. Ex officio members may designate an alternate, who shall\nhave the full power to act on behalf of the official.\n d. Meetings of the committee shall take place at least once every\nmonth for a period of one year following the effective date of this\nsection unless waived in writing by a majority of the members of the\ncommittee. Thereafter, meetings of the committee shall take place at\nleast once every three months unless waived in writing by a majority of\nthe members of the committee.\n e. Notwithstanding any inconsistent provision of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general construction law,\nshall be deemed to have forfeited or shall forfeit their office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or its subdivisions by reason of the acceptance of membership on\nthe committee.\n f. The committee is authorized to employ, contract for or utilize the\nservices of any person, firm, partnership, association, corporation,\ngovernmental agency, or authority that has an expertise in planning\ntransportation services for transportation disabled persons to carry out\nits powers and duties authorized or mandated pursuant to the provisions\nof this section.\n 3. Accessible rapid transit stations. a. The New York city accessible\ntransportation system shall include access by individuals with\ndisabilities to rapid transit services through the renovation of one\nhundred stations, as set forth in paragraphs b, c and d of this\nsubdivision, by a date no later than July twenty-sixth, two thousand\ntwenty, pursuant to a schedule as approved by the United States\ndepartment of transportation, federal transit administration, in a key\nstation plan to be submitted by the metropolitan transportation\nauthority in accordance with the key station plan provisions of the\nfederal Americans with Disabilities Act of 1990.\n b. The following rapid transit stations shall be made accessible,\nexcept that stations may be substituted in accordance with the\nprovisions of paragraph d of this subdivision: in the county of New\nYork: (1) Brooklyn Bridge on the 4, 5, 6 lines, (2) Grand Central on the\n4, 5, 6 lines, (3) Grand Central on the number 7 line, (4) 125th street\non the A, B, C, D lines, (5) Herald Square on the B, D, F, Q lines, (6)\nTimes Square on the 1, 2, 3, 9 lines, (7) Times Square on the 7 line,\n(8) Herald Square on the N, R lines, (9) Times Square on the N, R lines,\n(10) 42nd street on the A, C, E lines, (11) 51st street on the 6 line,\n(12) World Trade Center on the C, E lines, (13) 175th street on the A\nline, (14) Chambers street on the 1, 2, 3, 9 lines, (15) 59th street on\nthe 1, 9 lines, (16) 59th street on the A, B, C, D lines, (17) 34th\nstreet on the A, C, E lines, (18) 168th street on the A, B, C lines,\n(19) Broad street on the J, M, Z lines, (20) 207th street on the A line,\n(21) 135th street on the 2, 3 lines, (22) 72nd street on the 1, 2, 3, 9\nlines, (23) Lexington-3rd avenue on the E, F lines, (24) 47-50th streets\non the B, D, F, Q lines, (25) Times Square on the S line, (26) Grand\nCentral on the S line, (27) 14th street on the A, C, E lines, (28) 8th\navenue on the L line, (29) 96th street on the 1, 2, 3, 9 lines, (30)\n68th street on the 6 line, (31) 57th street on the N, R lines, (32) 23rd\nstreet on the 6 line, (33) Cortlandt street on the N, R lines, (34)\nBowling Green on the 4, 5 lines, (35) West 4th street on the A, C, E\nlines, (36) 34th street on the 1, 2, 3, 9 lines, (37) 125th street on\nthe 4, 5, 6 lines, (38) Union Square on the L, N, R lines; in the county\nof the Bronx, (39) 149th street and Third avenue on the 2, 5 lines, (40)\nPelham Bay Park on the 6 line, (41) Simpson street on the 2, 5 lines,\n(42) 161st street on the 4 line, (43) 161st street on the C, D lines,\n(44) 231st street on the 1, 9 lines, (45) Fordham road on the 4 line,\n(46) Pelham Parkway on the 2, 5 lines, (47) Hunts Point avenue on the 6\nline, (48) Gun Hill road on the 5 line, (49) Kingsbridge road on the C,\nD lines, (50) 233rd street on the 2, 5 lines; in the county of Kings:\n(51) Borough Hall on the 2, 3 lines, (52) Stillwell avenue on the B\nline, (53) Atlantic avenue on the 2, 3 lines, (54) Pacific street on the\nB, M, N, R lines, (55) Atlantic avenue on the D, Q lines, (56) Jay\nstreet on the A, C, F lines, (57) Utica avenue on the 3, 4 lines, (58)\n95th street on the R Line, (59) Euclid avenue on the A, C lines, (60)\nChurch avenue on the F line, (61) DeKalb avenue on the D, M, N, Q, R\nlines, (62) Flatbush avenue on the 2, 5 lines, (63) Marcy avenue on the\nJ, M, Z lines, (64) Church Avenue on the D, Q lines, (65) Greenpoint\navenue on the G line, (66) Bedford avenue on the L line, (67) Utica\navenue on the A, C lines, (68) Franklin avenue on the A, C lines, (69)\nFranklin avenue on the S line, (70) Church avenue on the 2, 5 lines,\n(71) 59th street on the N, R lines, (72) Bay parkway on the B, M lines,\n(73) Myrtle avenue on the L line, (74) Wyckoff avenue on the M line,\n(75) Flushing avenue on the J, M lines, (76) Rockaway parkway on the L\nline; in the county of Queens: (77) Roosevelt avenue on the E, F, G, R\nlines, (78) 179th street on the F line, (79) 74th street/Broadway on the\n7 line, (80) Main street on the 7 line, (81) 61st street-Woodside on the\n7 line, (82) Union turnpike/Kew Gardens on the E, F lines, (83)\nContinental avenue on the E, F, G, R lines, (84) Lefferts boulevard on\nthe A line, (85) Howard Beach on the A line, (86) Astoria boulevard on\nthe N line, (87) Junction boulevard on the 7 line, (88) Queens Plaza on\nthe E, F, G, R lines; and in the county of Richmond: (89) Great Kills on\nthe SIRT line, (90) Dongan Hills on the SIRT line, and (91) St. George\non the SIRT line.\n c. In addition to the stations listed in paragraph b of this\nsubdivision, by a date no later than July twenty-sixth, two thousand\ntwenty, the authority shall make accessible nine stations to be selected\nafter the effective date of the statute by the authority in consultation\nwith the transportation disabled committee.\n d. The authority shall prepare and submit to the transportation\ndisabled committee for approval, not later than one hundred days after\nenactment, a plan which provides a schedule for the implementation of\nthe provisions of this subdivision, and such plan shall be the\nauthority's key station plan adopted to implement the Americans with\ndisabilities act of nineteen hundred ninety, as amended. The schedule\nshall provide that not less than two-thirds of the rapid transit\nstations specified in paragraph b of this subdivision shall be made\naccessible to individuals with disabilities in conformance with\napplicable construction codes not later than December thirty-first, two\nthousand ten, and that accessibility of all rapid transit stations\nspecified in such paragraph is completed by December thirty-first, two\nthousand twenty.\n e. On or before December thirty-first, nineteen hundred ninety-five,\nand annually thereafter, the authority shall submit a report which has\nbeen approved by the transportation disabled committee to the governor,\nthe temporary president of the senate, the minority leader of the\nsenate, the speaker of the assembly, the minority leader of the\nassembly, the mayor of the city of New York and the city council of the\ncity of New York. Each such report shall describe the progress that has\nbeen made during the reporting period in implementing the provisions of\nthis subdivision.\n f. If the authority determines that it is not feasible to make\naccessible any station listed in paragraph b of this subdivision,\nanother station may be substituted by the authority with the approval of\nthe transportation disabled committee. The authority shall notify the\ncommittee in writing that it intends to seek approval for a substitute\nkey station. The committee, after providing an opportunity for public\ncomment of not less than fifteen days or more than thirty days, shall\nwithin ninety days of the notification by the authority approve the\nsubstitution or recommend an alternate station for feasibility\nconsideration by the authority. Failure of the committee to act within\nninety days of the notification shall be deemed an approval of the\nauthority's proposed substitution.\n 4. Accessible buses. The system shall include access by transportation\ndisabled persons, including persons in wheelchairs, to not less than\nsixty-five percent of buses in the regularly operated fleet of the\nauthority, which shall be properly operated and maintained to facilitate\ntheir use by transportation disabled persons. To meet this sixty-five\npercent requirement, all buses purchased, leased, or otherwise brought\nnewly into service on the bus lines of the authority and its\nsubsidiaries, except buses leased or otherwise put into service to\nrelieve temporary, unplanned shortages of buses in service, shall be\naccessible to transportation disabled persons until the sixty-five\npercent requirement is met.\n 5. Paratransit transportation. a. The committee shall develop an\nimplementation plan for the provision of paratransit transportation in\neach county wholly contained within the city of New York in a manner\nthat is economical and efficient and that is directed toward achieving\noptimal integration of paratransit transportation with the accessible\ntransportation system and with other transportation services accessible\nto the disabled and avoiding duplication of services. Such plan shall\nprovide for the orderly provision of paratransit transportation\nconsistent with available resources. On or before April first, nineteen\nhundred eighty-six, such plan shall be completed and forwarded to the\ngovernor, the temporary president of the senate, the minority leader of\nthe senate, the speaker of the assembly, the minority leader of the\nassembly, the mayor of the city of New York, the city council of the\ncity of New York, and the chairman of the metropolitan transportation\nauthority. The plan shall include:\n (1) Service areas and routes. In determining such areas and routes,\nthe committee shall consider:\n (a) Residential concentrations of transportation disabled persons and\ntheir employment, medical, educational and recreational needs;\n (b) Areas or groups in the city of New York that will not be served by\naccessible rapid transit or accessible buses;\n (c) Any studies, master plans, surveys, data and other materials\ncompleted by or under development by any state agency or authority or\nthe city of New York;\n (d) Existing transportation services operating in the city of New York\nthat are available to transportation disabled persons; and\n (e) Other criteria relevant to the effective provision of paratransit\ntransportation.\n (2) Hours of service. In determining such hours, the committee shall\nconsider the employment, medical, educational and recreational needs of\ntransportation disabled persons.\n (3) Identification. Identification of criteria for eligibility for,\nand ridership and cost levels associated with paratransit transportation\nas provided under the implementation plan.\n (4) Financing sources. Such sources shall include:\n (a) Fares, and other charges for paratransit transportation. In\ndetermining such fares and other charges the committee shall consider\nthe nature of such services, the cost and expense of maintaining\nparatransit facilities in good condition and repair and the capital and\noperating expenses of the contractor. Fares for paratransit\ntransportation shall be set at levels based on the criteria set forth in\nthis section;\n (b) Any payments receivable or available under title XVIII or XIX of\nthe federal social security act and any other sources of federal\nfunding, including third-party payments;\n (c) Appropriate sources of local funding; and\n (d) Any gift, grant, bequest, or devise.\n (5) A method to acquire by purchase, gift, grant, transfer, contract\nor lease, any vehicles, equipment or facilities necessary for the\nprovision of paratransit transportation. In determining such method the\ncommittee shall develop a plan under which every effort is made to\nacquire such vehicles, equipment, or facilities that are produced and/or\nprovided by services performed in the state of New York.\n (6) Elements necessary. Any other element deemed by the committee to\nbe necessary or desirable to the provision of paratransit\ntransportation.\n b. An agency of the city of New York designated by the mayor of the\ncity of New York, provided that such agency shall not be the authority\nor its subsidiaries, shall provide paratransit transportation in\nconsultation with the committee and in accordance with the paratransit\ntransportation implementation plan developed pursuant to this\nsubdivision, within ninety days of receipt of the plan by the mayor.\nSuch services shall be provided under purchase of service agreements\nwith any responsible person, firm, partnership, association,\ncorporation, governmental agency or authority based on a competitive\nbidding process. No such service agreement shall be entered into without\nthe approval of the committee. The agency shall not enter into any\nservice agreement that is in excess of financing sources that are\nreasonably available as identified in paragraph four of this subdivision\nand the amounts provided pursuant to sections W46-2.0 and II 46-4.0 of\nthe administrative code of the city of New York. In determining whether\na proposed contractor is responsible, the designated city agency shall\nconsider but not be limited to the following factors: (1) demonstration\nof an ability to provide the requested services, (2) compliance with or\nability to meet acceptable safety standards, (3) demonstration of sound\nfinancial position and acceptable financial reporting, and (4)\ncompliance with applicable local laws and regulations including those\nrelated to disadvantaged business enterprises. The agency may use no\nmore than three percent of the funds available for paratransit\ntransportation to cover the cost of program administration.\n 6. Report. On or before December thirty-first, nineteen hundred\neighty-six, and annually thereafter, the committee shall report to the\ngovernor, the temporary president of the senate, the minority leader of\nthe senate, the speaker of the assembly, the minority leader of the\nassembly, the mayor of the city of New York, the city council of the\ncity of New York, and the metropolitan transportation authority. Each\nsuch report shall:\n a. Describe the progress that has been made during the reporting\nperiod on implementation of the requirements of this section, including\ncosts and usage estimates attributable thereto, in relation to achieving\nan integrated accessible transportation system in the city of New York,\nincluding the provision of paratransit transportation throughout each\ncounty wholly contained within the city of New York;\n b. Assess the need for changes in the system based on technological\nadvances and other changing conditions and make recommendations for\ncoordination of the system with other public transportation and\nspecialized transportation services in the region; and\n c. Include such other elements as may be deemed necessary to evaluate\nthe effectiveness of the system.\n 7. Inconsistent provisions. Insofar as the provisions of this section\nare inconsistent with the provisions of any other law, general, special\nor local, the provisions of this section shall be controlling. However,\nthe provisions of this section shall be implemented in such manner to\nensure compliance with federal legislative and administrative funding\neligibility requirements regarding the transportation disabled.\n 8. Severability. If any provision of this section or the application\nthereof to any person or circumstances shall be adjudged invalid by a\ncourt of competent jurisdiction, such order or judgment shall be\nconfined in its operation to the controversy in which it was rendered,\nand shall not affect or invalidate the remainder of any provision of\nthis section or the application of any part thereof to any other person\nor circumstance and to this end the provisions of each subdivision of\nthis section are hereby declared to be severable.\n