NY State Senate Bill S7421

senate Bill S7421

2017-2018 Legislative Session

Relates to the interagency coordinating committee on rural public transportation, and transportation of eligible persons residing in a rural area

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Current Bill Status - In Senate Rules Committee

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

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Actions

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	recommitted to rules
Jun 18, 2018	ordered to third reading cal.1856 committee discharged and committed to rules
Jan 17, 2018	referred to transportation

Votes

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Jun 18, 2018 - Rules committee Vote

S7421

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S7421 - Details

Law Section:: Transportation Law
Laws Affected:: Amd §73-d, Transp L; amd §365-h, Soc Serv L

S7421 - Summary

Relates to the appointees to the interagency coordinating committee on rural public transportation, and transportation of eligible persons residing in a rural area.

S7421 - Sponsor Memo

 BILL NUMBER:  S7421

 TITLE OF BILL :  An act to amend the transportation law, in relation
to the interagency coordinating committee on rural public
transportation; and to amend the social services law, in relation to
the transportation of eligible persons residing in a rural area

 PURPOSE OR GENERAL IDEA OF BILL :

To improve the availability and quality of public transportation
services in rural counties.

 SUMMARY OF SPECIFIC PROVISIONS :  Section 1 will

(1) modify the composition of the interagency coordinating committee
on rural public transportation, established in NYS Transportation Law,
under Section 2-F, subsection 73-D;

(2) require that the committee report to the Executive and the
Legislature on an annual basis on the existing rural transportation
systems and provide data on ridership, revenue and challenges for each
system; identify current utilization and discuss recommendations for
maintaining and expanding services; include an analysis on a county by
county basis of cost savings, modes of transportation and rates of
utilization of public transportation by Medicaid patients;

(3) establish that a majority of the whole number of voting members of
the committee shall constitute a quorum for transaction of the
committee's business.

Section 2

(1) establishes that where the commissioner of health assumes
responsibility for transportation of Medicaid recipients in rural
counties, a public transportation system shall be prioritized for
assignment where the system is available, appropriate, and the least
expensive means.

(2)Allows counties with a population below two hundred thousand the
opportunity to resume their own transportation management of NEMT.

Section 3

(1) states the effective date.

 JUSTIFICATION :

Public transportation systems all across upstate New York provide
critical transportation links between individuals and work, medical
appointments, school, shopping, and other destinations. It has been
estimated that upstate public transportation systems carry more than
570,000 riders every day, making them cumulatively the equivalent of
the seventh largest transit system in the country. Transit offers
riders mobility, and is a vital component in the transportation
infrastructure for economic development, job growth, anti-poverty and
housing initiatives, energy conservation and environmental protection.

In rural counties, fares alone are not sufficient to cover all the
costs of providing transit services, and as a result public transit
systems must also be utilized by constituencies relying on State
funded means of transportation. This bill is a means by which
sustainable funding options can be identified in order to provide for
growth and stability, creating further opportunities for supporting
mobility options for rural upstate New York residents.


The State Department of Health takeover and delivery of Medicaid NEMT
and other related transportation plans may work in heavily urban
areas. However, it has created unintended negative impacts on public
transportation in rural counties in upstate New York.

Since the adoption of the centralized nonemergency medical
transportation (NEMT) manager system in New York State, many rural
counties have experienced a sharp decrease in ridership and associated
revenue to their public transportation systems. As a result, many
counties have reduced or eliminated routes. In Tioga County, the
entire public transportation system has been eliminated.

Prior to this change, each county was responsible for arranging the
necessary Medicaid funded transportation for its citizens. Often,
counties developed coordinated transit services that met not only the
Medicaid transportation need, but also the transportation needs of
other social service agencies and the general public's. Their level of
coordination and efficiency has not been replicated under the state
takeover.

Numerous studies have identified that public transportation is
critical for economic vitality and health of our communities.
Effective coordination is critical for successful public
transportation initiatives. It is upon this fundamental perspective
that the federal United We Ride initiative and movements in mobility
management emerged. After so much hard work to establish public
transportation systems in rural areas of the State, rural communities
should not be left behind now. Some of the most vulnerable
populations--including those relying on NEMT services--need robust
public transportation services to support their integration into the
communities. By providing more effective mobility to work-- and
increasing accessibility to health and food services, and educational
opportunities, these transportation systems can more efficiently
support our rural and vulnerable populations.

To ensure that public transportation systems in rural counties
continue to be prioritized in NEMT rider assignment, this legislation
will require assignment to public transportation systems where the
rider originates from a rural county.

Allowing rural communities to work together to provide the best
transportation options for their residents will bring the
responsibility back to the counties to rebuild their transportation
systems in a community-based approach and tackle this rural mobility
crisis.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Unknown.

 EFFECTIVE DATE :
Immediately, however, section two shall come into effect on the
thirtieth day after it becomes law, and that the amendments to
subdivision 4 of section 365-h of the social services law, made by
section two of this act, shall not affect the expiration and repeal of
such section, and shall expire and be deemed repealed therewith.

S7421 - Bill Text download pdf

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

                                  7421

                            I N  S E N A T E

                            January 17, 2018
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation to  the  interagency
  coordinating  committee  on  rural public transportation; and to amend
  the social services law, in relation to the transportation of eligible
  persons residing in a rural area

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

  Section 1. Section 73-d of the transportation law, as amended by chap-
ter 562 of the laws of 1987, is amended to read as follows:
  S 73-d. Interagency coordinating committee on rural public transporta-
tion. 1. There is hereby created a committee to be known as the "intera-
gency  coordinating  committee  on  rural  public transportation", to be
comprised of nineteen members. The commissioner or his or  her  designee
shall  serve as chairperson. Twelve of such members shall be the follow-
ing or his or her duly designated representative: the  director  of  the
office for the aging; the commissioner of education; the commissioner of
labor;  the  commissioner  of  health; the commissioner of the office of
mental  health;  THE  COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE  ABUSE  SERVICES;  the  commissioner  of the office [of mental
retardation and] FOR PEOPLE WITH developmental disabilities; the commis-
sioner of [social services; state advocate for the disabled] THE  OFFICE
FOR  TEMPORARY  AND DISABILITY ASSISTANCE; THE EXECUTIVE DIRECTOR OF THE
NEW YORK STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH  SPECIAL
NEEDS;  THE  secretary  of  state;  THE  commissioner of agriculture and
markets[; the director of the office of rural affairs] and the [director
of the division for youth] COMMISSIONER OF THE OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES.  Six  additional  members, [all] FIVE of whom shall be
transportation providers or consumers representing  rural  counties  AND
ONE  SHALL  BE  A REPRESENTATIVE OF A LABOR UNION AFFILIATED WITH PUBLIC
TRANSPORTATION SYSTEMS RECEIVING PUBLIC TRANSPORTATION SYSTEMS OPERATING
ASSISTANCE ACCOUNT FUNDS, shall be appointed to serve a  term  of  three
years as follows: two by the [president pro-tempore] TEMPORARY PRESIDENT
of  the  senate, two by the speaker of the assembly, one by the minority

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

                                                           LBD14245-01-8

S. 7421                             2

leader of the senate, and one by the minority leader  of  the  assembly.
Efforts shall be made to provide a broad representation of consumers and
providers  of transportation services in rural counties when making such
appointments.    [Members of the committee shall receive no salary.] THE
SIX MEMBERS APPOINTED BY THE LEGISLATURE, AS WELL AS THE COMMISSIONER OR
HIS OR HER DESIGNEE, SHALL BE THE VOTING MEMBERS.  THE  BALANCE  OF  THE
COMMITTEE  WILL SERVE IN AN ADVISORY OR CONSULTING CAPACITY. THE COMMIT-
TEE SHALL KEEP A RECORD OF ITS OFFICIAL ACTIONS.
  The commissioner shall cause the department to provide  staff  assist-
ance  necessary for the efficient and effective operation of the commit-
tee.
  2. The committee shall[:]  MEET AT LEAST ONCE EVERY THREE  MONTHS  AND
SHALL  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY ANNUALLY, BEGINNING OCTOBER FIRST, TWO THOU-
SAND EIGHTEEN. THE ANNUAL REPORT SHALL:
  A. IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND PROVIDE DATA  ON
RIDERSHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM;
  B.  IDENTIFY  RURAL POPULATIONS CURRENTLY UTILIZING PUBLIC TRANSPORTA-
TION, AS WELL AS POPULATIONS IN NEED OF  PUBLIC  TRANSPORTATION  WITHOUT
ACCESS,  AND  DISCUSS  RECOMMENDATIONS  FOR  MAINTAINING  AND  EXPANDING
SERVICES;
  C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA-
TION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION  OF  PUBLIC
TRANSPORTATION BY MEDICAID PATIENTS;
  D.  identify programs and the annual amounts and sources of funds from
such programs that are eligible to be  used  to  support  a  coordinated
public  transportation  service,  and  the annual amounts and sources of
such funds that are actually  used  for  client  transportation  or  for
transportation  of persons in connection with agency-affiliated programs
or services; such data shall be provided on a county basis;
  [b. identify restrictions on existing programs that inhibit funds from
such programs being used to pay for a coordinated public  transportation
service in rural counties;
  c.]  E.  recommend  changes in state or local laws or regulations that
would improve the coordination of funds, facilities, vehicles or  equip-
ment and other resources used for transportation at the local level;
  [d.] F. upon request, compile and forward to the commissioner any data
or other information required by this section.
  3.  A  MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE COMMITTEE
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE  COMMITTEE'S  BUSI-
NESS.  THE  COMMITTEE  SHALL HAVE THE POWER TO ACT BY A MAJORITY VOTE OF
THE VOTING MEMBERS. COMMITTEE MEMBERS  SHALL  HOLD  OFFICE  UNTIL  THEIR
SUCCESSORS  HAVE  BEEN  APPOINTED  AND  HAVE QUALIFIED. THE SELECTION OF
SUCCESSORS TO FILL A VACANCY SHALL BE MADE IN THE SAME MANNER  IN  WHICH
THE RETIRING COMMITTEE MEMBERS SHALL HAVE BEEN SELECTED.  MEMBERS OF THE
COMMITTEE  SHALL  RECEIVE  NO SALARY OR OTHER COMPENSATION, BUT SHALL BE
ENTITLED TO THEIR ACTUAL AND  NECESSARY  EXPENSES,  INCLUDING  TRAVELING
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
  S  2.  The  opening paragraph of subdivision 4 of section 365-h of the
social services law is designated paragraph (a) and a new paragraph  (b)
is added to read as follows:
  (B)  WHERE  THE COMMISSIONER OF HEALTH ELECTS TO ASSUME SUCH RESPONSI-
BILITY FROM A LOCAL SOCIAL SERVICES DISTRICT  AUTHORIZED  TRANSPORTATION
FOR AN ELIGIBLE PERSON, WHOSE ORIGINATING LOCATION EXISTS WITHIN A COUN-
TY DEFINED AS A RURAL AREA PURSUANT TO SUBDIVISION SEVEN OF SECTION FOUR
HUNDRED  EIGHTY-ONE OF THE EXECUTIVE LAW, SHALL BE ASSIGNED TO AN EXIST-

S. 7421                             3

ING PUBLIC TRANSPORTATION SYSTEM,  AS  DEFINED  IN  SUBDIVISION  ONE  OF
SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW, IF THAT SYSTEM PROVIDES AN
APPROPRIATE,  AVAILABLE  AND  LEAST  EXPENSIVE MODE OF TRANSPORTATION. A
COUNTY  DEFINED AS A RURAL AREA PURSUANT TO SUBDIVISION SEVEN OF SECTION
FOUR HUNDRED EIGHTY-ONE OF  THE  EXECUTIVE  LAW  MAY  OPT  OUT  OF  SUCH
ELECTION BY THE COMMISSIONER OF HEALTH BY NOTIFYING SUCH COMMISSIONER IN
WRITING.
  S  3.  This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the thirtieth day after  it
shall  have  become  a  law  and that the amendments to subdivision 4 of
section 365-h of the social services law, made by section  two  of  this
act,  shall  not  affect  the expiration and repeal of such section, and
shall expire and be deemed repealed therewith.

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The New York State Senate

senate Bill S7421

Sponsored By

Current Bill Status - In Senate Rules Committee

Your Voice

Actions

Votes

Jun 18, 2018 - Rules committee Vote

Rules Committee Vote: Jun 18, 2018

Co-Sponsors

S7421 - Details

S7421 - Summary

S7421 - Sponsor Memo

S7421 - Bill Text download pdf

Comments

senate Bill S7421

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Sponsored By

Current Bill Status - In Senate Rules Committee

Your Voice

Actions

Votes

Jun 18, 2018 - Rules committee Vote

Rules Committee Vote: Jun 18, 2018

Sponsor's Position

Co-Sponsors

S7421 - Details

S7421 - Summary

S7421 - Sponsor Memo

S7421 - Bill Text download pdf

Comments