Senate Bill S5830

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5830
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the elder law, in relation to an economically  sustaina-
   ble transportation demonstration program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2, 3, 4 and 6 of section 223 of the elder law,
 as added by section 3 of part J of chapter 57 of the laws of  2006,  are
 amended to read as follows:
   2. The director shall establish the economically sustainable transpor-
 tation  demonstration  program  for  the  purpose of enabling seniors to
 remain independent and mobile in  their  community.  The  program  would
 provide an on demand transit service for seniors [that would use] ESTAB-
 LISHING,  AT  A  MINIMUM, OPERATIONAL HOURS DURING NORMAL BUSINESS HOURS
 USING automobiles driven by volunteer  and  paid  drivers  to  transport
 seniors  to  where  they  need  and  want to go. [After a period of five
 years, the program would no longer be eligible  for  state  funding  and
 would  be  completely  self-sustaining,  relying  on  consumer fares and
 voluntary community support to remain operational.]
   3. Before carrying out  the  economically  sustainable  transportation
 demonstration  program,  the  director  shall enter into a contract or a
 cooperative agreement with an eligible entity to provide recommendations
 and support to the director  regarding  the  administration  of  such  a
 program. [(a)] The eligible entity that enters into a contract or agree-
 ment under subdivision three of this section shall:
   [(1)] (A) Provide initial and ongoing technical assistance and support
 to the director for the administration of the sustainable transportation
 demonstration program.
   [(2)]  (B) Provide initial and ongoing technical assistance to econom-
 ically sustainable transportation providers.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07690-01-9
              

 S. 5830                             2
 
   [(3)] (C) Provide recommendation to the director about the  establish-
 ment  of,  and  requirements concerning locations where the economically
 sustainable transportation services will be provided in the state.
   [(4)] (D) Provide recommendations to the director for the creation and
 use   of   qualified  transportation  accounts  for  the  transportation
 services, including the provisions that such an account:
   [(i)] (1) may be funded with credits or funds equal to the value of  a
 vehicle  traded  to  an economically sustainable transportation provider
 by, or on behalf of, a qualified individual, or by other means;
   [(ii)] (2) shall be used only to provide  transportation  services  to
 the qualified individual;
   [(iii)] (3) shall have a designated beneficiary; and
   [(iv)] (4) shall be transferable to an individual other than the qual-
 ified individual.
   [(5)]  (E)  Provide  recommendations to the director regarding partic-
 ipation in any federal grant program  for  an  economically  sustainable
 transportation program.
   (F) PROVIDE RECOMMENDATIONS TO THE DIRECTOR ABOUT THE ESTABLISHMENT OF
 RULES  AND  REGULATIONS  CONSIDERING  REQUISITE AUTOMOBILE AND LIABILITY
 INSURANCE REQUIREMENTS AS WELL AS ANY OTHER NECESSARY  RULES  AND  REGU-
 LATIONS TO FACILITATE THE IMPLEMENTATION OF THE PROGRAM. NOTHING IN THIS
 SECTION  SHALL PRECLUDE THE DIRECTOR FROM CONSULTING WITH THE DEPARTMENT
 OF MOTOR VEHICLES, THE DEPARTMENT OF FINANCIAL SERVICES,  OR  ANY  OTHER
 STATE AGENCIES WHO MAY PROVIDE SUPPORT.
   4. After receiving the recommendations and support described in subdi-
 vision  three  of  this section, the director shall PROMULGATE RULES AND
 REGULATIONS FOR THE IMPLEMENTATION OF THE PROGRAM AND develop a  request
 for  proposal  to  carry  out the economically sustainable demonstration
 program.
   6. [Within amounts appropriated, the] THE DIRECTOR SHALL  ESTABLISH  A
 PILOT  PROGRAM WITHIN AMOUNTS APPROPRIATED THEREFOR, IN UP TO FIVE COUN-
 TIES, EACH WITH NOT MORE THAN SEVEN HUNDRED FIFTY THOUSAND PERSONS AS OF
 THE TWO THOUSAND TEN UNITED STATES CENSUS, OR A COLLABORATIVE PROJECT OF
 TWO CONTIGUOUS COUNTIES THAT EACH DO NOT HAVE  MORE  THAN  FOUR  HUNDRED
 THOUSAND  PERSONS  AS  OF THE TWO THOUSAND TEN UNITED STATES CENSUS. THE
 director shall make grants available to qualified economically sustaina-
 ble transportation providers of no less than fifty-five thousand dollars
 per grantee [in the first year of the operation of the program].    EACH
 PROVIDER SHALL BE REQUIRED TO SUBMIT A REPORT TO THE DIRECTOR WITHIN ONE
 YEAR  OF  THE  IMPLEMENTATION OF SUCH PILOT PROGRAM WHICH SHALL INCLUDE,
 BUT NOT BE LIMITED  TO, DOCUMENTATION OF PARTICIPATION RATES, ANY IMPED-
 IMENTS TO IMPLEMENTATION ENCOUNTERED, STEPS TAKEN TO ENSURE SUSTAINABIL-
 ITY OF THE PROGRAM AND PROPOSALS FOR EXPANSION TO OTHER  SERVICE  AREAS.
 Such  providers  shall be eligible to receive funding under this section
 annually for up to five years. After such time, providers must  be  able
 to  provide  economically  sustainable  transportation  services without
 receiving further public financial assistance for operating  or  capital
 expenses.
   § 2. This act shall take effect immediately.