NY State Senate Bill 2019-S4491

Senate Bill S4491

2019-2020 Legislative Session

Relates to requiring transit projects to include installation of elevators in stations where none currently exists

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Mar 13, 2019	referred to transportation

2019-S4491 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1266-c, Pub Auth L

2019-S4491 (ACTIVE) - Summary

Requires transit projects to include installation of elevators in stations where none currently exists and repair of existing elevators.

2019-S4491 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4491

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to requiring transit projects to include installation of eleva-
tors in stations where none currently exists

 
PURPOSE OF BILL:

To ensure that our rehabilitated subway stations are accessible to
people with wheelchairs.

 
SUMMARY OF PROVISIONS: OF BILL:

Section 1 of the bill adds a new section 1266-c to the Public Authori-
ties Law. This new section will require the Metropolitan Transportation
Authority ("MTA") and the New York City Transit Authority ("NYCTA") to
either install a new elevator in a station that lacks an elevator or to
rehabilitate the station's elevator to ensure that it is working proper-
ly. If the MTA or NYCTA has determined that installation of an elevator
or rehabilitation of an elevator is not feasible, for reasons other than

cost or funding, the application for project approval that is made to
the Metropolitan Transportation Authority Capital Board must include a
written statement why installation of an elevator or rehabilitation of
an existing elevator is not feasible.

Section 2 of the bill provides that the act shall take effect immediate-
ly and shall apply to all transit projects that have not been reviewed
by metropolitan transportation authority capital board prior to such
effective date.

 
CURRENT LAW:

Currently, the Americans with Disabilities Act ("ADA") requires public
entities that are rehabilitating a public transit station in such a
manner that could affect the usability of the public transit station or
makes alterations to an area of such station that contains a primary
function, the public transit station must comply with the ADA.

 
JUSTIFICATION:

Despite the ADA's mandate, the MTA and NYCTA are not installing eleva-
tors when rehabilitating a public transit station citing cost as the
reason why the elevators are not being installed. In fact, when Federal
Transit Administration rejected the funding application for rehabilitat-
ing the Middletown Road station due to non-compliance with the ADA, the
MTA and NYCTA did not add an elevator to their plan so that the Middle
Road station would have been in compliance with the ADA.  Instead, the
MTA and NYCTA decided to forego the Federal funding and pay for the
entire project.

This position is unacceptable. All of our citizens should be able to use
the City's subway system without having to map out their trip to make
sure that entry, transfer, and exit stations are wheelchair accessible.
This bill will give these New Yorkers the accessibility to the subway
system that every New Yorker deserves.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all transit
projects that have not been reviewed by metropolitan transportation
authority capital board prior to such effective date.

2019-S4491 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4491
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 requiring
   transit projects to include  installation  of  elevators  in  stations
   where none currently exists

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1266-c of the public authorities law is amended  by
 adding a new subdivision 4-a to read as follows:
   4-A.  (A)  ALL  TRANSIT  PROJECTS INVOLVING A SUBWAY PASSENGER STATION
 THAT DOES NOT HAVE AN AVAILABLE ELEVATOR SHALL INCLUDE THE  INSTALLATION
 OF  AN ELEVATOR THAT WILL PROVIDE INDIVIDUALS IN WHEELCHAIRS ACCESSIBIL-
 ITY TO AN AREA OF THE STATION WHERE PASSENGERS ENTER AND EXIT  A  SUBWAY
 SERVICING  SUCH  PASSENGER  STATION;  PROVIDED,  HOWEVER,  THAT IF IT IS
 DETERMINED THAT THE INSTALLATION OF AN ELEVATOR IS NOT FEASIBLE, LEAVING
 SUCH PASSENGER STATION OUT OF COMPLIANCE WITH THE AMERICANS  WITH  DISA-
 BILITIES  ACT,  EITHER  THE METROPOLITAN TRANSPORTATION AUTHORITY OR THE
 NEW YORK CITY TRANSIT  AUTHORITY  SHALL,  IN  THE  REQUEST  FOR  PROJECT
 APPROVAL, PROVIDE A WRITTEN STATEMENT TO THE METROPOLITAN TRANSPORTATION
 AUTHORITY CAPITAL BOARD EXPLAINING WHY THE INSTALLATION OF SUCH ELEVATOR
 IS  NOT  FEASIBLE.  IF THE INSTALLATION OF SUCH ELEVATOR IS NOT FEASIBLE
 DUE TO COST OR FUNDING ISSUES, THE METROPOLITAN TRANSPORTATION AUTHORITY
 CAPITAL BOARD SHALL NOT APPROVE SUCH PROJECT.
   (B) ALL TRANSIT PROJECTS INVOLVING A SUBWAY PASSENGER STATION THAT HAS
 AN AVAILABLE ELEVATOR SHALL EXAMINE SUCH ELEVATOR TO  DETERMINE  WHETHER
 IT  IS  IN  NEED  OF  REPAIR. IF SUCH ELEVATOR IS FOUND TO BE IN NEED OF
 REPAIR, SUCH PROJECT SHALL INCLUDE THE REPAIR OR REHABILITATION OF  SUCH
 ELEVATOR; PROVIDED, HOWEVER, THAT IF IT IS DETERMINED THAT THE REPAIR OR
 REHABILITATION  OF SUCH ELEVATOR IS NOT FEASIBLE, LEAVING SUCH PASSENGER
 STATION OUT OF COMPLIANCE WITH  THE  AMERICANS  WITH  DISABILITIES  ACT,
 EITHER  THE  METROPOLITAN  TRANSPORTATION AUTHORITY OR THE NEW YORK CITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10633-01-9

 S. 4491                             2
 
 TRANSIT AUTHORITY SHALL, IN THE REQUEST FOR PROJECT APPROVAL, PROVIDE  A
 WRITTEN  STATEMENT  TO THE METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL
 BOARD EXPLAINING WHY THE REPAIR OR REHABILITATION OF  SUCH  ELEVATOR  IS
 NOT  FEASIBLE.  IF  THE REPAIR OR REHABILITATION OF SUCH ELEVATOR IS NOT
 FEASIBLE DUE TO COST OR FUNDING ISSUES, THE METROPOLITAN  TRANSPORTATION
 AUTHORITY CAPITAL BOARD SHALL NOT APPROVE SUCH PROJECT.
   (C)  ANY TRANSIT PROJECT THAT IS DISAPPROVED PURSUANT TO PARAGRAPH (A)
 OR (B) OF THIS SUBDIVISION MAY BE  RESUBMITTED  FOR  APPROVAL;  PROVIDED
 THAT  APPROVAL SHALL BE GRANTED ONLY IF SUCH RESUBMITTED TRANSIT PROJECT
 WOULD BRING THE SUBWAY PASSENGER STATION INTO COMPLIANCE WITH THE AMERI-
 CANS WITH DISABILITIES ACT.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 transit projects that have not been reviewed by metropolitan transporta-
 tion authority capital board prior to such effective date.

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