Assembly Bill A9561

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

                                  9561

                          I N  A S S E M B L Y

                             March 16, 2016
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation to pre-arranged
  for-hire vehicle transportation services and the maximization of ener-
  gy  efficiency,  universal  design  and  accessibility by persons with
  disabilities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "Energy Efficiency Accessible Livery Act".
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1220-d to read as follows:
  S  1220-D.  UNIVERSAL  ACCESSIBILITY AND ENERGY EFFICIENCY IN FOR-HIRE
VEHICLES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "PRE-ARRANGED  FOR-HIRE  VEHICLE"  SHALL  MEAN  A  MOTOR  VEHICLE,
DESIGNED  TO  CARRY NO MORE THAN NINE PASSENGERS (EXCLUDING THE DRIVER),
THAT IS USED IN THE BUSINESS OF TRANSPORTING PASSENGERS FOR COMPENSATION
ON A PRE-ARRANGED BASIS, AND OPERATED IN SUCH BUSINESS UNDER  A  LICENSE
OR  PERMIT  ISSUED  BY  A LICENSING JURISDICTION. THE TERM "PRE-ARRANGED
FOR-HIRE VEHICLE" SHALL APPLY TO VEHICLES AS DEFINED IN  THIS  PARAGRAPH
REGARDLESS  OF  ANY  OTHER  PROVISION  OF  LOCAL LAW OR RULE DEFINING OR
DESCRIBING SUCH VEHICLES BY ANY OTHER TERMS SUCH AS LIVERY, TAXI,  BLACK
CAR, OR LUXURY LIMOUSINE.
  (B)  "PRE-ARRANGED  FOR-HIRE VEHICLE OWNER OR OPERATOR" SHALL MEAN THE
REGISTERED OWNER OF A PRE-ARRANGED FOR-HIRE VEHICLE, OR A DULY  LICENSED
DRIVER  DESIGNATED  BY  SUCH REGISTERED OWNER OR OPERATOR TO OPERATE THE
REGISTERED OWNER'S OR OPERATOR'S PRE-ARRANGED FOR-HIRE  VEHICLE  AS  THE
REGISTERED OWNER'S OR OPERATOR'S AUTHORIZED DESIGNEE.
  (C) "UNIVERSAL DESIGN" OR "UNIVERSALLY DESIGNED" SHALL MEAN THE DESIGN
OF PRODUCTS AND ENVIRONMENTS TO BE USABLE BY ALL PEOPLE, TO THE GREATEST
EXTENT POSSIBLE, WITHOUT THE NEED FOR ADAPTATION OR SPECIALIZED DESIGN.
  (D)  "ENERGY  EFFICIENT VEHICLE" SHALL MEAN VEHICLES THAT ARE PETROLE-
UM-ALTERNATIVE VEHICLES USING PETROLEUM-ALTERNATIVE FUELS; HYBRID  ELEC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14556-01-6

A. 9561                             2

TRIC  VEHICLES;  OR  CONVENTIONAL GASOLINE VEHICLES ACHIEVING AN AVERAGE
FUEL ECONOMY OF AT LEAST THIRTY-FIVE MILES PER GALLON.
  (E) "ACCESSIBLE VEHICLE" SHALL MEAN A VEHICLE THAT:
  (I) COMPLIES WITH THE ACCESSIBILITY REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES  ACT  OF  1990, AS AMENDED, AND THE REGULATIONS PROMULGATED
THEREUNDER;
  (II) IS EQUIPPED WITH A LIFT, RAMP OR ANY OTHER DEVICE, ARRANGEMENT OR
ALTERATION, SO IT IS CAPABLE OF TRANSPORTING INDIVIDUALS WHO USE  WHEEL-
CHAIRS,  SCOOTERS,  OR  OTHER  MOBILITY AIDS WHILE THEY REMAIN SEATED IN
THEIR WHEELCHAIRS, SCOOTERS, OR OTHER MOBILITY AIDS;
  (III) IS EQUIPPED WITH AN ASSISTIVE LISTENING SYSTEM FOR PERSONS  WITH
HEARING  IMPAIRMENTS THAT IS CONNECTED WITH ANY INTERCOM, VIDEO OR AUDIO
SYSTEM, WHEN SUCH A SYSTEM IS INSTALLED;
  (IV) IS EQUIPPED WITH STANDARDIZED SIGNS PRINTED IN:(A)  BRAILLE;  AND
(B)  LARGE-PRINT TEXT SO THAT SUCH SIGNS ARE VISIBLE TO PERSONS WITH LOW
VISION;
  (V) PROVIDES SUFFICIENT FLOOR SPACE TO ACCOMMODATE A  SERVICE  ANIMAL;
AND
  (VI) IF POWERED BY A HYBRID-ELECTRIC MOTOR, IS EQUIPPED WITH AN APPRO-
PRIATE  DEVICE  TO  ENABLE PERSONS WHO ARE BLIND TO HEAR THE APPROACH OF
THE VEHICLE AS READILY AS THEY CAN HEAR A CONVENTIONAL  GASOLINE-POWERED
VEHICLE.
  2.  (A) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER OR OPERATOR WITH NOT
MORE THAN TEN FOR-HIRE VEHICLES SHALL:
  (I) PURCHASE OR LEASE  AT  LEAST  ONE  ENERGY  EFFICIENT,  UNIVERSALLY
DESIGNED  AND  ACCESSIBLE VEHICLE UPON ITS NEXT ACQUISITION OF A VEHICLE
AFTER THE FIFTH YEAR FROM THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS
OF 2016 THAT ADDED THIS SECTION; AND
  (II)  ENSURE  THAT  WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
PURCHASE, THE AVAILABILITY OF ENERGY EFFICIENT, UNIVERSALLY DESIGNED AND
ACCESSIBLE VEHICLES IS ALSO ADVERTISED.
  (B) EVERY PRE-ARRANGED FOR-HIRE VEHICLE OWNER  OR  OPERATOR  WITH  NOT
LESS THAN ELEVEN OR MORE THAN ONE HUNDRED FOR-HIRE VEHICLES SHALL:
  (I)  PURCHASE  OR  LEASE  ENERGY  EFFICIENT,  UNIVERSALLY DESIGNED AND
ACCESSIBLE VEHICLES WHEN ACQUIRING VEHICLES UNTIL NOT LESS  THAN  TWENTY
PERCENT  OF  THE  FLEET  IS  ENERGY  EFFICIENT, UNIVERSALLY DESIGNED AND
ACCESSIBLE. IN NO EVENT SHALL SUCH FLEET HAVE LESS THAN  TWENTY  PERCENT
ENERGY  EFFICIENT,  UNIVERSALLY  DESIGNED  AND  ACCESSIBLE VEHICLES FIVE
YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  2016  THAT
ADDED THIS SECTION; AND
  (II)  ENSURE  THAT  WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
PURCHASE THAT THE AVAILABILITY OF ENERGY EFFICIENT, UNIVERSALLY DESIGNED
AND ACCESSIBLE VEHICLES IS ALSO ADVERTISED.
  (C) EVERY PRE-ARRANGED FOR-HIRE VEHICLE  OWNER  OR  OPERATOR  PROVIDER
WITH NOT LESS THAN ONE HUNDRED FOR-HIRE VEHICLES SHALL:
  (I)  PURCHASE  OR  LEASE  ENERGY  EFFICIENT,  UNIVERSALLY DESIGNED AND
ACCESSIBLE VEHICLES WHEN ACQUIRING VEHICLES UNTIL NOT LESS THAN  TWENTY-
FIVE  PERCENT  OF THE FLEET IS ENERGY EFFICIENT, UNIVERSALLY DESIGNED OR
ACCESSIBLE. IN NO EVENT SHALL THEIR FLEET  HAVE  LESS  THAN  TWENTY-FIVE
PERCENT  ENERGY  EFFICIENT, UNIVERSALLY DESIGNED AND ACCESSIBLE VEHICLES
THREE YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  2016
THAT ADDED THIS SECTION;
  (II)  INCREASE  THEIR  PERCENTAGE  OF  ENERGY  EFFICIENT,  UNIVERSALLY
DESIGNED AND ACCESSIBLE VEHICLES TO A MINIMUM OF FIFTY  PERCENT  OF  THE
FLEET WITHIN FIVE YEARS TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF 2016 THAT ADDED THIS SECTION; AND

A. 9561                             3

  (III)  ENSURE  THAT WHEN ADVERTISING THEIR SERVICES SUBSEQUENT TO SUCH
PURCHASE THAT THE AVAILABILITY OF ENERGY EFFICIENT, UNIVERSALLY DESIGNED
AND ACCESSIBLE VEHICLES IS ALSO ADVERTISED.
  (D) ALL PRE-ARRANGED FOR-HIRE VEHICLE OWNERS AND OPERATORS SHALL MAIN-
TAIN  THE  PERCENTAGES  OF  ENERGY  EFFICIENT,  UNIVERSALLY DESIGNED AND
ACCESSIBLE VEHICLES IN THEIR SERVICE WHICH, ACCORDING TO THEIR  SIZE  AT
ANY  GIVEN TIME, THEY WOULD HAVE BEEN REQUIRED TO PURCHASE BY THE SPECI-
FIED DEADLINES UNDER SUBPARAGRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
  3. FAILURE TO COMPLY WITH THE PROVISIONS OF SUBDIVISION  TWO  OF  THIS
SECTION  SHALL  CONSTITUTE  A VIOLATION PUNISHABLE BY A FINE OF NOT LESS
THAN FIFTY DOLLARS AND NOT MORE THAN ONE HUNDRED FIFTY DOLLARS  PER  DAY
FROM  THE  DATE  A  VIOLATION  OCCURRED UNTIL THE DATE SUCH VIOLATION IS
CURED. A VIOLATION MAY ALSO BE  GROUNDS  FOR  REVOCATION  OR  DENIAL  OF
LICENSING  OR  REGISTRATION,  OR  RENEWAL  THEREOF,  UNDER  SECTION FOUR
HUNDRED ONE OF THIS CHAPTER. THE LOCAL  AND  STATE  AUTHORITIES  CHARGED
WITH ISSUING PERMITS, LICENSES AND REGISTRATION OF PRE-ARRANGED FOR-HIRE
VEHICLES  AND  SHUTTLE SERVICES SHALL REQUIRE PROOF PRIOR TO ISSUANCE OF
SUCH PERMIT, LICENSE OR REGISTRATION, OR RENEWAL THEREOF, OF  COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION.
  S  3. This act shall take effect one year after it shall have become a
law.