NY Transp L § 15-B (2021)
2021 New York Laws TRA - Transportation Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation 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.