senate Bill S1241

2011-2012 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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 06, 2011 referred to transportation

S1241 - Bill Details

See Assembly Version of this Bill:
A837
Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Amd ยงยง1277 & 1279-a, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S1387, A3952

S1241 - Bill Texts

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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.

view sponsor memo
BILL NUMBER:S1241

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 long-term 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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1241

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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:
  S 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.
                                                           LBD00769-01-1

S. 1241                             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. 1241                             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.
  S 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:
  S 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. 1241                             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.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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