N.Y. Elder Law § 223: Economically sustainable transportation demonstration program

§ 223. Economically sustainable transportation demonstration program.

1. Definitions. As used in this section:

(a) "Economically sustainable transportation provider" shall mean a

non-profit provider of transportation services that submits to the

director and obtains approval of a plan demonstrating that the provider

is capable of providing economically sustainable transportation

services.

(b) "Economically sustainable transportation services" shall mean

demand-responsive transportation services that are provided:

(1) by automobile;

(2) to qualified individuals;

(3) twenty-four hours a day, seven days a week; and

(4) by volunteer or paid drivers.

(c) "Qualified individual" shall mean an individual who is:

(1) an older individual, as defined in section 102 of the Older

Americans Act of 1965 (42 U.S.C. 3002); or

(2) an individual who is blind, within the meaning of the

Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), an individual who

has significant visual impairment described in section 751 of the

Rehabilitation Act of 1973 (29 U.S.C. 796j), or an individual who is

eligible for benefits under title II or XVI of the Social Security Act

(42 U.S.C. 401 et seq., 1381 et seq.) on the basis of blindness.

(d) "Qualified transportation account" shall mean an account

established for a qualified individual for the purpose of acquiring

transportation services from an economically sustainable transportation

provider.

(e) "Director" shall mean the director of the New York state office

for the aging.

(f) "Eligible entity" shall mean a private non-profit organization

with experience in establishing and replicating the independent

transportation network to provide economically sustainable

transportation services for qualified individuals.

2. The director shall establish the economically sustainable

transportation demonstration program for the purpose of enabling seniors

to remain independent and mobile in their community. The program would

provide an on demand transit service for seniors that would use

automobiles driven by volunteer and paid drivers to transport seniors to

where they need and want to go. After a period of five years, the

program would no longer be eligible for state funding and would be

completely self-sustaining, relying on consumer fares and voluntary

community support to remain operational.

3. Before carrying out the economically sustainable transportation

demonstration program, the director shall enter into a contract or a

cooperative agreement with an eligible entity to provide recommendations

and support to the director regarding the administration of such a

program.

(a) The eligible entity that enters into a contract or agreement under

subdivision three of this section shall:

(1) Provide initial and ongoing technical assistance and support to

the director for the administration of the sustainable transportation

demonstration program.

(2) Provide initial and ongoing technical assistance to economically

sustainable transportation providers.

(3) Provide recommendation to the director about the establishment of,

and requirements concerning locations where the economically sustainable

transportation services will be provided in the state.

(4) Provide recommendations to the director for the creation and use

of qualified transportation accounts for the transportation services,

including the provisions that such an account:

(i) may be funded with credits or funds equal to the value of a

vehicle traded to an economically sustainable transportation provider

by, or on behalf of, a qualified individual, or by other means;

(ii) shall be used only to provide transportation services to the

qualified individual;

(iii) shall have a designated beneficiary; and

(iv) shall be transferable to an individual other than the qualified

individual.

(5) Provide recommendations to the director regarding participation in

any federal grant program for an economically sustainable transportation

program.

4. After receiving the recommendations and support described in

subdivision three of this section, the director shall develop a request

for proposal to carry out the economically sustainable demonstration

program.

5. Copyrights and trademarks. Nothing in this section shall affect the

rights of the eligible entity under the copyright or trademark laws of

the United States. Nothing in this section shall require the disclosure

of information to which Federal law relating to trade secrets (including

section 552(b)(4) of title 5, United States Code) applies. In entering

into a contract or cooperative agreement under this section, the

director shall not establish any conditions that affect such rights or

require such disclosure.

6. Within amounts appropriated, the director shall make grants

available to qualified economically sustainable transportation providers

of no less than fifty-five thousand dollars per grantee in the first

year of the operation of the program. Such providers shall be eligible

to receive funding under this section annually for up to five years.

After such time, providers must be able to provide economically

sustainable transportation services without receiving further public

financial assistance for operating or capital expenses.

7. To be eligible to receive a grant under this section, an

economically sustainable transportation provider shall commit to raising

matching funds from non-state sources equal to fifty percent of the

state grant. Up to ten percent of the provider match may be provided

in-kind.

8. The office may use up to twelve percent of the total of any funding

appropriated pursuant to this section for administration.