NY State Senate Bill 2019-S1601

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 08, 2020	referred to transportation
Jan 15, 2019	referred to transportation

2019-S1601 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §73-d, Transp L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5794
2017-2018: S3931
2021-2022: S5501

2019-S1601 (ACTIVE) - Summary

Relates to the interagency coordinating committee on rural public transportation.

2019-S1601 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1601

SPONSOR: O'MARA
 
TITLE OF BILL:

An act to amend the transportation law, in relation to the interagency
coordinating committee on rural public transportation

 
PURPOSE OR GENERAL IDEA OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

(1) modifies section 73-d of the transportation law, as amended by chap-
ter 562 of the laws of 1987

(2) require that the committee report to the Executive and the Legisla-
ture on an annual basis on the existing rural transportation systems and
provide data on ridership, revenue and challenges for each system; iden-

tify 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 commit-
tee's business.

Section 2

(1) establishes that where the commissioner of health assumes responsi-
bility 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 crit-
ical transportation links between individuals and work, medical appoint-
ments, 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 transpor-
tation in rural counties in upstate New York.

Since the adoption of the centralized nonemergency medical transporta-
tion (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 trans-
portation system has been eliminated.

Prior to this change, each county was responsible for arranging the
necessary Medicaid funded transportation for its citizens. Often, coun-
ties developed coordinated transit services that met not only the Medi-
caid transportation need, but also the transportation needs of other
social service agencies and the general public's. Their level of coordi-
nation 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 coordi-
nation 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 he 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 trans-
portation 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:

2018 - S7421

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
Immediately, however, section two shall come into effect on the thirti-
eth 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.

2019-S1601 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1601
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 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
 
   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:
   § 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; the commissioner of the office [of  mental  retardation
 and]  FOR  PEOPLE  WITH  developmental disabilities; the commissioner of
 [social services; state advocate for the disabled] THE OFFICE FOR TEMPO-
 RARY 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 of whom shall be transportation
 providers or consumers representing rural counties shall be appointed to
 serve a term of three years as follows: two by the  [president  pro-tem-
 pore]  TEMPORARY  PRESIDENT  of  the  senate,  two by the speaker of the
 assembly, one by the minority leader of  the  senate,  and  one  by  the
 minority  leader  of  the  assembly.  Efforts shall be made to provide a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05807-01-9

 S. 1601                             2
 
 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 COMMITTEE 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 SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF
 THE SENATE, AND THE GOVERNOR  ANNUALLY,  BEGINNING  OCTOBER  FIRST,  TWO
 THOUSAND TWENTY. 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.]  E. identify restrictions on existing programs that inhibit funds
 from such programs being used to pay for a coordinated public  transpor-
 tation service in rural counties;
   [c.]  F.  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.  upon  request, compile and forward to the commissioner any data or
 other information required by this section].
   3. THE COMMITTEE SHALL BE  REQUIRED  TO  EXAMINE  REIMBURSEMENT  RATES
 DEVELOPED  BY  TRANSPORTATION  MANAGERS  PURSUANT TO SUBDIVISION FOUR OF
 SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR  COUN-
 TIES  WITH  A  POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE
 SHALL SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR  RURAL
 COMMUNITIES  TO  THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUD-
 ING, BUT NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP  FARES  FOR
 PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS-
 PORTATION  WITH  OTHER  HUMAN  SERVICE  AGENCIES,  AND RATES FOR PRIVATE
 TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
   THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE  PRIOR  TO
 APPROVAL  OF  RATES  PROPOSED  UNDER  SUBDIVISION  FOUR OF SECTION THREE
 HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES  LAW  FOR  COUNTIES  WITH  A
 POPULATION  OF  TWO  HUNDRED  THOUSAND  OR LESS. ANY PROPOSAL FOR A RATE
 ADJUSTMENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE
 COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
   4. 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

 S. 1601                             3

 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.
   § 2. This act shall take effect immediately.

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Senate Bill S1601

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S1601 (ACTIVE) - Details

2019-S1601 (ACTIVE) - Summary

2019-S1601 (ACTIVE) - Sponsor Memo

2019-S1601 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1601

Share this bill

Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Transportation Committee

2019-S1601 (ACTIVE) - Details

2019-S1601 (ACTIVE) - Summary

2019-S1601 (ACTIVE) - Sponsor Memo

2019-S1601 (ACTIVE) - Bill Text download pdf

Comments