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.
Last modified: February 3, 2019