NY State Senate Bill 2017-S2311

Senate Bill S2311

2017-2018 Legislative Session

Requires the city of New York or county within the district to make maintenance of escalators, elevators and other facilities in passenger stations a priority

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 13, 2017	referred to transportation

2017-S2311 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1277 & 1279-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1387
2011-2012: S1241
2013-2014: S30
2015-2016: S3040

2017-S2311 (ACTIVE) - Summary

Requires the city of New York or county within the district to make maintenance of escalators, elevators and other facilities in passenger stations a priority; requires daily inspections, reports to MTA inspector general and the management advisory board, emergency repair order after two consecutive daily reports of inoperable facilities, and annual reports by the management advisory board.

2017-S2311 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2311

 TITLE OF BILL :

An act to amend the public authorities law, in relation to ensuring
public accessibility in certain mass transit and rapid transit
stations

 PURPOSE OR GENERAL IDEA OF BILL :

Requires the Metropolitan Transportation Authority to provide for the
daily inspection of escalators, elevators, wheel-chair lifts, and
other facilities in passenger stations and to make their maintenance a
priority.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill requires the Metropolitan Transportation Authority to
provide for the daily inspection of escalators, elevators, wheelchair
lifts, and other facilities in its passenger stations.

The bill requires that if an escalator, elevator, wheelchair lift, or
other facility is found to be inoperable that the authority shall
initiate repair and file a written report to the authority's Inspector
General and Management Advisory Board.

The bill requires that if an escalator, elevator, wheelchair lift, or
other facility is found to be inoperable for two or more consecutive
days the Inspector General issue an emergency repair order and monitor
the repair progress.

The bill requires that throughout the period in which an escalator,
elevator, wheelchair lift, or other facility is found to be inoperable
that written reports are filed with the authority's Inspector General
and Management Advisory Board.

The bill defines "inoperable" as when an escalator, elevator,
wheelchair lift, or other facility cannot accommodate a person with a
disability in the way in which it was designed to.

The bill requires the Management Advisory Board to assist the MTA
Inspector General in identifying ways to improve accessibility for
persons with disabilities, maintenance of passenger stations, and
wheelchair lifts on city buses.

 JUSTIFICATION :

When an escalator, elevator, or wheelchair lift is inoperable it means
that a person with a disability may be stranded in their home. If a
wheelchair user,finds that they cannot exit due to an inoperable
elevator they have limited options: exit at a different station likely
very far away from their intended destination, reverse their trip if
an elevator is not necessary to reach the other side of the tracks, or
have their person and their wheelchair carried out of the passenger
station by the police. This is a situation that occurs too often and
is humiliating and dangerous for the wheelchair user and an
unacceptable outcome that we could do more to avoid. In an emergency,
inoperable accessibility features have the potential to be a threat to
human life.

According to a 2006 report, The State of Repairs, by Manhattan Borough
President Scott, M. Stringer, 74% of all elevators in ADA-compliant
stations did not receive their mandated annual inspection each year
between 2002 and 2005. 58% of escalators in Manhattan did not receive
a mandated inspection in that same period. The Borough President's
report also found that the trend is towards elevator outages
increasing in length.. In 2005, the average elevator in an
ADA-compliant station was out for 11 days. These findings are not new,
but rather part of a longterm trend. A 2000 report, Stuck, prepared by
NYC Public Advocate Mark Green analyzed 110,000 records between 1994
and 2000 and found that elevators and escalators in passenger stations
were being poorly maintained.

 PRIOR LEGISLATIVE HISTORY :

2008: S.7348 (Duane), Died in Transportation; A.10420,Died in
Corporations
2009: S.1387 (Duane), Died in Transportation; A.3952,Died in
Corporations
2010: S.1387 (Duane), Died in Finance; A.3952 (Kellner) Died in
Corporations

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
30 days after it becomes law.

2017-S2311 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2311
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN  ACT  to  amend  the  public authorities law, in relation to ensuring
   public  accessibility  in  certain  mass  transit  and  rapid  transit
   stations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1277 of the public authorities law, as  amended  by
 chapter 161 of the laws of 2000, is amended to read as follows:
   §  1277. Station operation and maintenance. The operation, maintenance
 and use of passenger stations shall be public purposes of  the  city  of
 New York and the counties within the district.  1. (A) The total cost to
 the  authority  and  each  of  its subsidiary corporations of operation,
 maintenance and use  of  each  passenger  station  within  the  district
 serviced  by one or more railroad facilities of the authority or of such
 subsidiary corporation, including the  buildings,  appurtenances,  plat-
 forms,  lands  and  approaches  incidental or adjacent thereto, shall be
 borne by the city of New York if such station is located  in  such  city
 or,  if  not located in such city, by such county within the district in
 which such station is located. On or before June first of each year, the
 authority shall, in accordance with the method specified herein,  deter-
 mine  and  certify to the city of New York and to each county within the
 district the respective allocation of costs related  to  the  operation,
 maintenance and use of passenger stations within such city and each such
 other  county,  for  the  twelve month period ending the preceding March
 thirty-first.
 For the year commencing April first, nineteen hundred  ninety-nine,  the
 total  payment  amount  to be billed by the authority for the operation,
 maintenance and use of each passenger station within  the  city  of  New
 York and the counties of Nassau, Suffolk, Westchester, Dutchess, Putnam,
 Orange,  and  Rockland  shall  be calculated by summing the total amount
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07012-01-7

 S. 2311                             2
 
 listed in the base amount table plus an adjustment  to  such  base  year
 amount  equal  to  the base amount times the increase or decrease in the
 Consumer Price Index for Wage Earners and Clerical Workers for  the  New
 York, Northeastern-New Jersey Standard Metropolitan Statistical Area for
 the twelve-month period being billed.
 
                             BASE AMOUNT TABLE
        County                                Base Amount
        Nassau                                $19,200,000
        Suffolk                               $11,834,091
        Westchester                           $13,269,310
        Dutchess                              $ 1,581,880
        Putnam                                $   618,619
        Orange                                $   327,247
        Rockland                              $    34,791
        City of New York                      $61,435,330
 
 For  each year thereafter, such total payment for each such county shall
 be the same amount as the total payment  during  the  immediately  prior
 year,  plus  an  adjustment  equal  to  the  prior year amount times the
 increase or decrease in the Consumer Price Index for  Wage  Earners  and
 Clerical  Workers  for  the  New  York, Northeastern-New Jersey Standard
 Metropolitan Statistical Area for the twelve-month period being billed.
   (B) On or before the following September first,  of  each  year,  such
 city and each such county shall pay to the authority such cost or amount
 so  certified to it on or before the preceding June first. Such city and
 each such county shall have power to finance such costs  to  it  by  the
 issuance  of budget notes pursuant to section 29.00 of the local finance
 law. For the year beginning April first, two thousand four, the authori-
 ty, the city of New York and the counties of Nassau, Suffolk,  Westches-
 ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
 agreement, recommend to the legislature modifications to the amounts set
 forth  above  based upon changes made to commuter services including but
 not limited to changes in the number of passenger stations  within  such
 counties  or  the  level  of  commuter rail service provided to any such
 passenger stations. Failure between the authority and between the  coun-
 ties  to  reach  agreement will be referred to the state comptroller for
 mediation. If the mediation is unsuccessful, each party  and  the  state
 comptroller may submit a recommendation to the governor and the legisla-
 ture for legislative action.
   (C)  In  the event that a city or county shall fail to make payment to
 the authority for station  maintenance  as  required  pursuant  to  this
 section, or any part thereof, the chief executive officer of the author-
 ity  or  such other person as the chairman shall designate shall certify
 to the state comptroller the amount due and owing the authority  at  the
 end of the state fiscal year and the state comptroller shall withhold an
 equivalent  amount  from the next succeeding state aid allocated to such
 county or city from the motor fuel tax and the motor  vehicle  registra-
 tion  fee  distributed  pursuant to former section one hundred twelve of
 the highway law, or amounts distributed pursuant to section ten-c of the
 highway law, or per capita local assistance pursuant to  section  fifty-
 four  of  the  state  finance  law subject to the following limitations:
 prior to withholding amounts due the authority from such county or city,
 the comptroller shall pay in full any amount due the state of  New  York
 municipal  bond  bank  agency, on account of any such county's or city's
 obligation to such agency; the city university construction fund  pursu-

 S. 2311                             3
 
 ant  to the provisions of the city university construction fund act; the
 New  York  city  housing  development  corporation,  pursuant   to   the
 provisions  of  the  New  York  city housing development corporation act
 (article  twelve  of  the  private housing finance law); and the transit
 construction fund pursuant to the provisions of title nine-A of  article
 five  of  this  chapter.  The comptroller shall give the director of the
 budget notification of any such payment. Such amount or amounts so with-
 held by the comptroller shall be paid to the authority and the authority
 shall use such amount for the repayment of  the  state  advances  hereby
 authorized.  When  such amount or amounts are received by the authority,
 it shall credit such amounts against any amounts due and  owing  by  the
 city or county on whose account such amount was withheld and paid.
   2. NOTWITHSTANDING ANY LAW, ADMINISTRATIVE CODE, RULE OR REGULATION TO
 THE CONTRARY, THE MAINTENANCE OF ESCALATORS, ELEVATORS, WHEELCHAIR LIFTS
 ON CITY BUSES AND OTHER FACILITIES IN PASSENGER STATIONS THAT EXPAND USE
 TO  PERSONS WITH DISABILITIES SHALL BE A PRIORITY OF THE AUTHORITY.  THE
 AUTHORITY SHALL PROVIDE FOR A DAILY INSPECTION OF EACH SUCH STATION  AND
 CITY  BUS.  IF AN ESCALATOR, ELEVATOR, WHEELCHAIR LIFT OR OTHER FACILITY
 IS DEEMED INOPERABLE DURING SUCH INSPECTION, THE AUTHORITY  SHALL  IMME-
 DIATELY  INITIATE  REPAIR  AND  FILE A WRITTEN REPORT WITH THE AUTHORITY
 INSPECTOR GENERAL AND THE MANAGEMENT ADVISORY BOARD. IF SUCH  ESCALATOR,
 ELEVATOR, WHEELCHAIR LIFT OR OTHER FACILITY IS DEEMED INOPERABLE FOR TWO
 OR  MORE  CONSECUTIVE  DAILY  INSPECTIONS, SUCH INSPECTOR GENERAL SHALL,
 UPON REVIEW OF THE REPAIR STATUS, ISSUE OR APPROVE AN  EMERGENCY  REPAIR
 ORDER  AND  SHALL  MONITOR THE REPAIR PROCESS OF SUCH FACILITY TO ENSURE
 EXPEDITIOUS RETURN TO SERVICE. FOR PURPOSES OF THIS SECTION, AN  ESCALA-
 TOR,  ELEVATOR,  WHEELCHAIR  LIFT  OR  OTHER FACILITY MUST BE CONSIDERED
 INOPERABLE WHEN IT CANNOT REASONABLY ACCOMMODATE A  WHEELCHAIR  USER  OR
 OTHER  PERSONS  WITH  DISABILITIES IN THE WAY IT WAS ORIGINALLY DESIGNED
 TO.  DAILY INSPECTIONS AND REPORTS SHALL CONTINUE DURING EACH PERIOD  OF
 REPAIR  FOR  THE  ANNUAL  REPORTING REQUIREMENTS PROVIDED IN SUBDIVISION
 FOUR OF SECTION TWELVE HUNDRED SEVENTY-NINE-A OF THIS TITLE.
   § 2. Section 1279-a of the public authorities law, as added by chapter
 427 of the laws of 1983, is amended to read as follows:
   § 1279-a. Management advisory board. 1. There is hereby created in the
 office of the metropolitan transportation authority inspector general  a
 management  advisory  board, consisting of thirteen members appointed by
 the governor, of whom two shall be  appointed  upon  nomination  by  the
 temporary president of the senate, two upon nomination by the speaker of
 the  assembly,  one upon nomination by the minority leader of the senate
 and one upon nomination by the minority  leader  of  the  assembly.  All
 members  shall  serve for a term of three years, except that, of the two
 members first appointed upon nomination by the  temporary  president  of
 the  senate, one shall serve for a term of two years and one shall serve
 for a term of one year; of the two members first  appointed  upon  nomi-
 nation by the speaker of the assembly, one shall serve for a term of two
 years  and  one  shall  serve for a term of one year; and, of two of the
 members first appointed by the governor without nomination by any  other
 person,  two shall each serve for a term of two years and two shall each
 serve for a term of one year.  One  of  the  members  appointed  to  the
 management  advisory  board directly by the governor shall be designated
 by the governor to serve as its [chairman] CHAIRPERSON.
   2. All members of the management advisory board shall be residents  of
 the  metropolitan  transportation  district, PATRONS OF THE MASS TRANSIT
 AND RAPID TRANSIT SYSTEMS and shall be persons with substantial  experi-

 S. 2311                             4
 
 ence  in the management of private enterprise, in the delivery of public
 services, or in labor or labor-management relations.
   3.  The management advisory board shall assist the metropolitan trans-
 portation authority inspector general in  identifying  ways  to  improve
 services,  ACCESSIBILITY  FOR  PERSONS WITH DISABILITIES, MAINTENANCE OF
 PASSENGER STATIONS AND WHEELCHAIR LIFTS ON CITY BUSES, reduce costs  and
 increase  the  efficiency  of  the  authority  and its subsidiaries, the
 Triborough bridge and tunnel authority or  the  New  York  city  transit
 authority and its subsidiary.
   4.  No later than April first, nineteen hundred eighty-four, and annu-
 ally thereafter, the management  advisory  board  shall  submit  to  the
 governor  and  the  legislature  a  report  on its activities during the
 previous year.
   5. The office of the metropolitan transportation  authority  inspector
 general  shall  provide  the  management  advisory board with such staff
 support as may be required for the performance of its duties.
   6. Members of  the  management  advisory  board  shall  serve  without
 compensation,  but  shall be reimbursed for expenses reasonably incurred
 in the performance of their duties.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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