N.Y. Transportation Law § 15-b: New York city accessible transportation system; New York city transportation disabled committee

§ 15-b. New York city accessible transportation system; New York city

transportation disabled committee. 1. Definitions. When used in this

section:

a. "Authority" shall mean the New York city transit authority and its

subsidiaries.

b. "Committee" shall mean the New York city transportation disabled

committee established pursuant to subdivision two of this section.

c. "Contractor" shall mean any person, firm, partnership, association,

corporation, or any state agency, public authority, political

subdivision or municipality of this state which enters into a contract

related to the provision of paratransit transportation in accordance

with the provisions of this section.

d. "Paratransit transportation" shall mean specialized

demand-responsive, shared-ride revenue services provided to

transportation disabled persons on a regular and continuing basis.

e. "Rapid transit station" shall mean any facility located along a

rapid transit railway designed and used under normal operating

conditions by patrons of such rapid transit railway to gain access to

and egress from such rapid transit railway, including any portion

therein, together with the devices and appurtenances, facilities and

equipment thereof and other instrumentalities used or useful therefor or

in connection therewith.

f. "Transportation disabled person" shall mean any individual,

including individuals in wheelchairs, who, by reason of illness, injury,

age or other semi-permanent or permanent incapacity or disability, is

unable to utilize mass transportation facilities without special

facilities, equipment or special planning or design.

2. New York city accessible transportation disabled committee. a. To

assist in the development of an integrated New York city accessible

transportation system, hereinafter referred to as the "system", a New

York city transportation disabled committee is hereby created. Such

committee shall consist of an advisor to the mayor of the city of New

York on transportation, the director of the mayor's office of the

handicapped in the city of New York, the commissioner of the department

for the aging in the city of New York, the commissioner of the state

department of transportation, the state advocate for the disabled, the

director of the state office for the aging, four transportation disabled

persons who reside or work in the city of New York to be appointed by

the governor, two of which shall be so appointed upon the recommendation

of the mayor of the city of New York, and one individual who resides or

works in the city of New York and who has experience with transportation

services for transportation disabled persons to be appointed by the

governor, upon the recommendation of the mayor. The mayor of the city of

New York shall select one person from among the voting members of the

committee who shall serve as chairperson of the committee at the

pleasure of the mayor of the city of New York.

The appointed membership shall serve four year terms. If a vacancy in

the appointed membership shall occur by reason of the death,

disqualification, resignation, or removal of a member, a successor shall

be appointed by the governor or the mayor for the unexpired term by the

same procedure used to appoint the predecessor.

The governor may remove any member for inefficiency, neglect of duty

or misconduct in office after giving him a copy of the charges against

him and an opportunity to be heard, in person or by counsel in his

defense, upon not less than ten days' notice.

b. No more than three percent of funding available for paratransit

transportation may be used for purposes of administering the powers and

duties of the committee. Each member of the committee shall receive

reimbursement for actual and necessary expenses incurred in the

performance of committee duties except that no officer or employee of

the state, the city or a public authority shall be entitled to such

expense reimbursement.

c. A majority of the whole number of voting members of the committee

shall constitute a quorum for the transaction of the committee's

business. The committee shall have the power to act by a majority vote

of the members. Ex officio members may designate an alternate, who shall

have the full power to act on behalf of the official.

d. Meetings of the committee shall take place at least once every

month for a period of one year following the effective date of this

section unless waived in writing by a majority of the members of the

committee. Thereafter, meetings of the committee shall take place at

least once every three months unless waived in writing by a majority of

the members of the committee.

e. Notwithstanding any inconsistent provision of this or any other

law, general, special or local, no officer or employee of the state, or

of any public corporation as defined in the general construction law,

shall be deemed to have forfeited or shall forfeit their office or

employment or any benefits provided under the retirement and social

security law or under any public retirement system maintained by the

state or its subdivisions by reason of the acceptance of membership on

the committee.

f. The committee is authorized to employ, contract for or utilize the

services of any person, firm, partnership, association, corporation,

governmental agency, or authority that has an expertise in planning

transportation services for transportation disabled persons to carry out

its powers and duties authorized or mandated pursuant to the provisions

of this section.

3. Accessible rapid transit stations. a. The New York city accessible

transportation system shall include access by individuals with

disabilities to rapid transit services through the renovation of one

hundred stations, as set forth in paragraphs b, c and d of this

subdivision, by a date no later than July twenty-sixth, two thousand

twenty, pursuant to a schedule as approved by the United States

department of transportation, federal transit administration, in a key

station plan to be submitted by the metropolitan transportation

authority in accordance with the key station plan provisions of the

federal Americans with Disabilities Act of 1990.

b. The following rapid transit stations shall be made accessible,

except that stations may be substituted in accordance with the

provisions of paragraph d of this subdivision: in the county of New

York: (1) Brooklyn Bridge on the 4, 5, 6 lines, (2) Grand Central on the

4, 5, 6 lines, (3) Grand Central on the number 7 line, (4) 125th street

on the A, B, C, D lines, (5) Herald Square on the B, D, F, Q lines, (6)

Times Square on the 1, 2, 3, 9 lines, (7) Times Square on the 7 line,

(8) Herald Square on the N, R lines, (9) Times Square on the N, R lines,

(10) 42nd street on the A, C, E lines, (11) 51st street on the 6 line,

(12) World Trade Center on the C, E lines, (13) 175th street on the A

line, (14) Chambers street on the 1, 2, 3, 9 lines, (15) 59th street on

the 1, 9 lines, (16) 59th street on the A, B, C, D lines, (17) 34th

street on the A, C, E lines, (18) 168th street on the A, B, C lines,

(19) Broad street on the J, M, Z lines, (20) 207th street on the A line,

(21) 135th street on the 2, 3 lines, (22) 72nd street on the 1, 2, 3, 9

lines, (23) Lexington-3rd avenue on the E, F lines, (24) 47-50th streets

on the B, D, F, Q lines, (25) Times Square on the S line, (26) Grand

Central on the S line, (27) 14th street on the A, C, E lines, (28) 8th

avenue on the L line, (29) 96th street on the 1, 2, 3, 9 lines, (30)

68th street on the 6 line, (31) 57th street on the N, R lines, (32) 23rd

street on the 6 line, (33) Cortlandt street on the N, R lines, (34)

Bowling Green on the 4, 5 lines, (35) West 4th street on the A, C, E

lines, (36) 34th street on the 1, 2, 3, 9 lines, (37) 125th street on

the 4, 5, 6 lines, (38) Union Square on the L, N, R lines; in the county

of the Bronx, (39) 149th street and Third avenue on the 2, 5 lines, (40)

Pelham Bay Park on the 6 line, (41) Simpson street on the 2, 5 lines,

(42) 161st street on the 4 line, (43) 161st street on the C, D lines,

(44) 231st street on the 1, 9 lines, (45) Fordham road on the 4 line,

(46) Pelham Parkway on the 2, 5 lines, (47) Hunts Point avenue on the 6

line, (48) Gun Hill road on the 5 line, (49) Kingsbridge road on the C,

D lines, (50) 233rd street on the 2, 5 lines; in the county of Kings:

(51) Borough Hall on the 2, 3 lines, (52) Stillwell avenue on the B

line, (53) Atlantic avenue on the 2, 3 lines, (54) Pacific street on the

B, M, N, R lines, (55) Atlantic avenue on the D, Q lines, (56) Jay

street on the A, C, F lines, (57) Utica avenue on the 3, 4 lines, (58)

95th street on the R Line, (59) Euclid avenue on the A, C lines, (60)

Church avenue on the F line, (61) DeKalb avenue on the D, M, N, Q, R

lines, (62) Flatbush avenue on the 2, 5 lines, (63) Marcy avenue on the

J, M, Z lines, (64) Church Avenue on the D, Q lines, (65) Greenpoint

avenue on the G line, (66) Bedford avenue on the L line, (67) Utica

avenue on the A, C lines, (68) Franklin avenue on the A, C lines, (69)

Franklin avenue on the S line, (70) Church avenue on the 2, 5 lines,

(71) 59th street on the N, R lines, (72) Bay parkway on the B, M lines,

(73) Myrtle avenue on the L line, (74) Wyckoff avenue on the M line,

(75) Flushing avenue on the J, M lines, (76) Rockaway parkway on the L

line; in the county of Queens: (77) Roosevelt avenue on the E, F, G, R

lines, (78) 179th street on the F line, (79) 74th street/Broadway on the

7 line, (80) Main street on the 7 line, (81) 61st street-Woodside on the

7 line, (82) Union turnpike/Kew Gardens on the E, F lines, (83)

Continental avenue on the E, F, G, R lines, (84) Lefferts boulevard on

the A line, (85) Howard Beach on the A line, (86) Astoria boulevard on

the N line, (87) Junction boulevard on the 7 line, (88) Queens Plaza on

the E, F, G, R lines; and in the county of Richmond: (89) Great Kills on

the SIRT line, (90) Dongan Hills on the SIRT line, and (91) St. George

on the SIRT line.

c. In addition to the stations listed in paragraph b of this

subdivision, by a date no later than July twenty-sixth, two thousand

twenty, the authority shall make accessible nine stations to be selected

after the effective date of the statute by the authority in consultation

with the transportation disabled committee.

d. The authority shall prepare and submit to the transportation

disabled committee for approval, not later than one hundred days after

enactment, a plan which provides a schedule for the implementation of

the provisions of this subdivision, and such plan shall be the

authority's key station plan adopted to implement the Americans with

disabilities act of nineteen hundred ninety, as amended. The schedule

shall provide that not less than two-thirds of the rapid transit

stations specified in paragraph b of this subdivision shall be made

accessible to individuals with disabilities in conformance with

applicable construction codes not later than December thirty-first, two

thousand ten, and that accessibility of all rapid transit stations

specified in such paragraph is completed by December thirty-first, two

thousand twenty.

e. On or before December thirty-first, nineteen hundred ninety-five,

and annually thereafter, the authority shall submit a report which has

been approved by the transportation disabled committee to the governor,

the temporary president of the senate, the minority leader of the

senate, the speaker of the assembly, the minority leader of the

assembly, the mayor of the city of New York and the city council of the

city of New York. Each such report shall describe the progress that has

been made during the reporting period in implementing the provisions of

this subdivision.

f. If the authority determines that it is not feasible to make

accessible any station listed in paragraph b of this subdivision,

another station may be substituted by the authority with the approval of

the transportation disabled committee. The authority shall notify the

committee in writing that it intends to seek approval for a substitute

key station. The committee, after providing an opportunity for public

comment of not less than fifteen days or more than thirty days, shall

within ninety days of the notification by the authority approve the

substitution or recommend an alternate station for feasibility

consideration by the authority. Failure of the committee to act within

ninety days of the notification shall be deemed an approval of the

authority's proposed substitution.

4. Accessible buses. The system shall include access by transportation

disabled persons, including persons in wheelchairs, to not less than

sixty-five percent of buses in the regularly operated fleet of the

authority, which shall be properly operated and maintained to facilitate

their use by transportation disabled persons. To meet this sixty-five

percent requirement, all buses purchased, leased, or otherwise brought

newly into service on the bus lines of the authority and its

subsidiaries, except buses leased or otherwise put into service to

relieve temporary, unplanned shortages of buses in service, shall be

accessible to transportation disabled persons until the sixty-five

percent requirement is met.

5. Paratransit transportation. a. The committee shall develop an

implementation plan for the provision of paratransit transportation in

each county wholly contained within the city of New York in a manner

that is economical and efficient and that is directed toward achieving

optimal integration of paratransit transportation with the accessible

transportation system and with other transportation services accessible

to the disabled and avoiding duplication of services. Such plan shall

provide for the orderly provision of paratransit transportation

consistent with available resources. On or before April first, nineteen

hundred eighty-six, such plan shall be completed and forwarded to the

governor, the temporary president of the senate, the minority leader of

the senate, the speaker of the assembly, the minority leader of the

assembly, the mayor of the city of New York, the city council of the

city of New York, and the chairman of the metropolitan transportation

authority. The plan shall include:

(1) Service areas and routes. In determining such areas and routes,

the committee shall consider:

(a) Residential concentrations of transportation disabled persons and

their employment, medical, educational and recreational needs;

(b) Areas or groups in the city of New York that will not be served by

accessible rapid transit or accessible buses;

(c) Any studies, master plans, surveys, data and other materials

completed by or under development by any state agency or authority or

the city of New York;

(d) Existing transportation services operating in the city of New York

that are available to transportation disabled persons; and

(e) Other criteria relevant to the effective provision of paratransit

transportation.

(2) Hours of service. In determining such hours, the committee shall

consider the employment, medical, educational and recreational needs of

transportation disabled persons.

(3) Identification. Identification of criteria for eligibility for,

and ridership and cost levels associated with paratransit transportation

as provided under the implementation plan.

(4) Financing sources. Such sources shall include:

(a) Fares, and other charges for paratransit transportation. In

determining such fares and other charges the committee shall consider

the nature of such services, the cost and expense of maintaining

paratransit facilities in good condition and repair and the capital and

operating expenses of the contractor. Fares for paratransit

transportation shall be set at levels based on the criteria set forth in

this section;

(b) Any payments receivable or available under title XVIII or XIX of

the federal social security act and any other sources of federal

funding, including third-party payments;

(c) Appropriate sources of local funding; and

(d) Any gift, grant, bequest, or devise.

(5) A method to acquire by purchase, gift, grant, transfer, contract

or lease, any vehicles, equipment or facilities necessary for the

provision of paratransit transportation. In determining such method the

committee shall develop a plan under which every effort is made to

acquire such vehicles, equipment, or facilities that are produced and/or

provided by services performed in the state of New York.

(6) Elements necessary. Any other element deemed by the committee to

be necessary or desirable to the provision of paratransit

transportation.

b. An agency of the city of New York designated by the mayor of the

city of New York, provided that such agency shall not be the authority

or its subsidiaries, shall provide paratransit transportation in

consultation with the committee and in accordance with the paratransit

transportation implementation plan developed pursuant to this

subdivision, within ninety days of receipt of the plan by the mayor.

Such services shall be provided under purchase of service agreements

with any responsible person, firm, partnership, association,

corporation, governmental agency or authority based on a competitive

bidding process. No such service agreement shall be entered into without

the approval of the committee. The agency shall not enter into any

service agreement that is in excess of financing sources that are

reasonably available as identified in paragraph four of this subdivision

and the amounts provided pursuant to sections W46-2.0 and II 46-4.0 of

the administrative code of the city of New York. In determining whether

a proposed contractor is responsible, the designated city agency shall

consider but not be limited to the following factors: (1) demonstration

of an ability to provide the requested services, (2) compliance with or

ability to meet acceptable safety standards, (3) demonstration of sound

financial position and acceptable financial reporting, and (4)

compliance with applicable local laws and regulations including those

related to disadvantaged business enterprises. The agency may use no

more than three percent of the funds available for paratransit

transportation to cover the cost of program administration.

6. Report. On or before December thirty-first, nineteen hundred

eighty-six, and annually thereafter, the committee shall report to the

governor, the temporary president of the senate, the minority leader of

the senate, the speaker of the assembly, the minority leader of the

assembly, the mayor of the city of New York, the city council of the

city of New York, and the metropolitan transportation authority. Each

such report shall:

a. Describe the progress that has been made during the reporting

period on implementation of the requirements of this section, including

costs and usage estimates attributable thereto, in relation to achieving

an integrated accessible transportation system in the city of New York,

including the provision of paratransit transportation throughout each

county wholly contained within the city of New York;

b. Assess the need for changes in the system based on technological

advances and other changing conditions and make recommendations for

coordination of the system with other public transportation and

specialized transportation services in the region; and

c. Include such other elements as may be deemed necessary to evaluate

the effectiveness of the system.

7. Inconsistent provisions. Insofar as the provisions of this section

are inconsistent with the provisions of any other law, general, special

or local, the provisions of this section shall be controlling. However,

the provisions of this section shall be implemented in such manner to

ensure compliance with federal legislative and administrative funding

eligibility requirements regarding the transportation disabled.

8. Severability. If any provision of this section or the application

thereof to any person or circumstances shall be adjudged invalid by a

court of competent jurisdiction, such order or judgment shall be

confined in its operation to the controversy in which it was rendered,

and shall not affect or invalidate the remainder of any provision of

this section or the application of any part thereof to any other person

or circumstance and to this end the provisions of each subdivision of

this section are hereby declared to be severable.