Assembly Bill A5537

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5537
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  CUSICK,  SEPULVEDA -- 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".
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1220-d to read as follows:
   § 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09712-01-7

              

 A. 5537                             2
 
   (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-
 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 2017 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 2017 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

 A. 5537                             3
 
 THREE  YEARS AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF 2017
 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 2017 THAT ADDED THIS SECTION; AND
   (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.
   § 3. This act shall take effect one year after it shall have become  a
 law.