NY Elder L § 223 (2021)
2021 New York Laws ELD - Elder Article 2 - Programs for the Elderly Title 1 - State Office for the Aging 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.