BILL NUMBER: S6150

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the transportation law and the public
authorities law, in relation to full mass transit accessibility for
facilities operated by the metropolitan transportation authority

 
PURPOSE:

This bill will require the Metropolitan Transportation Authority (MTA)
take steps to ensure full accessibility of subway stations operated by
the Authority no later than 2034. The bill also requires certain infor-
mation be made available to the public to assist them in locating acces-
sible subway stations.

 
SUMMARY OF PROVISIONS:

Section 1 amends the transportation law by adding section 15-d to estab-
lish guidelines for subway station accessibility renovations.  The
section provides that that 50 additional subway stations, beyond the
number of stations currently accessible, shall be made accessible within
              

five years as part of the 2020-24 capital program, and 130 new accessi-
ble stations as part of the 2025-29 capital program.

The MTA shall develop criteria for how to prioritize subway stations for
accessibility improvements including citywide geographic coverage, tran-
sit transfer options, annual ridership volume, census tract data for
senior and disabled populations and percentage of those populations in
poverty, residential density of surrounding neighborhoods, and proximity
to medical centers, schools, parks, business districts, cultural hubs,
and senior centers. Such criteria shall be publicly available as well as
the methodology used for the criteria. Maximum possible accessibility
shall be achieved by 2030-34 capital program plan.

By December 31, 2019, real-time, up to date, and accurate information
regarding enhanced elevator outage and alternate station routing for all
elevators that permit entrance and egress from subway stations shall be
made available on the system's website and kiosks and distributed
through email, mobile app, and text alerts or other electronic communi-
cations systems. The MTA shall also create an Application Programming
Interface to allow third party smartphone applications to access data on
elevator performance, outages, and station accessibility.

The 2020-24 capital program plan shall accelerate installation of
consistent accessibility features including but not limited to taking
reasonable steps to eliminate any gaps between station platforms and
vehicle floors that are in excess of the amount permitted by applicable
regulations, maintaining audio and visual announcement equipment in
audible and operable condition sufficient to enable passengers with
visual and or hearing impairments and other disabilities to be oriented
to their location, and fare gates that are full y accessible to people
with disabilities. These features shall be installed at every subway
station operated by the Authority no later than December 31, 2024.

All future enhancement plans or long-term station closures or reno-
vations of six months or longer shall include full accessibility as a
key element.


The MTA shall revise maintenance practices to improve reliability of
elevators and wheelchair lifts at all rapid transit stations The MTA
shall design, fund and implement an elevator and wheelchair lift manage-
ment plan for continuous, uninterrupted service during all passenger
service hours, subject only to temporary and isolated outages for
repair, maintenance and inspections.

Stations undergoing renovations shall be designed and sited so that
riders who need stair-free access have similar access/egress time and
ease of use as those who do not need stair-free access.

Section 2 amends section 1269-b of the public authorities law by adding
subdivision 10 requiring that capital program plans must include specif-
ic, detailed steps to be taken to increase station accessibility until
one hundred percent accessibility of stations is achieved.

Section 3 sets the effective date.

 
JUSTIFICATION:

The New York City Subway system is among the least accessible major
subway systems in the United States for people with disabilities and
other mobility impairments. Following the passage of the Americans with
Disabilities Act (ADA) in 1990 and a subsequent lawsuit settlement by
the MTA in 1994, the MTA agreed to bring 100 stations into compliance
with ADA requirements. However, as the 100 Key Station Plan is nearing
completion as part of the 2015-2019 capital program, there has not yet
been an agreed upon plan to achieve full accessibility in the subway
system. Notably, there have been numerous examples in recent years of
significant station renovations in various subway stations throughout
the city that did not include ADA improvements such as the installation
of elevators, reduction of platform edge gaps, and other important
aspects. The MTA has argued that they are exempt from New York City
Human Rights Law that would otherwise require them to include accessi-
bility during substantial renovations in all subway stations based on an
interpretation of law that precludes ADA compliance improvements if they
account for greater than a certain percentage of the total project cost.
This legislation would clarify that the goal of the MTA should be to
take every opportunity to increase accessibility, particularly when a
station will be closed or renovated for longer than six months.

Currently, less than one-quarter of New York City's 472 subway stations
are fully compliant with ADA regulations. This means that a transit user
who requires use of an elevator or other accessibility features (such as
people in wheelchairs, senior citizens who use walkers or canes, new
parents with strollers, or passengers traveling with shopping carts or
other bulky items) has only 5% of the trip-making capacity as someone
who does not require use of an elevator.  Furthermore, even when eleva-
tors have been installed the equipment is often unreliable and informa-
tion is not always accurate or current. According to a 2017 report from
TransitCenter, MTA data indicates that the agency lowered elevator
uptime (the amount of time an elevator is operable for riders) targets
from 97.5% to 95.7% by the fourth quarter of 2016. This legislation
would establish a commitment from the MTA to provide continued and unin-
terrupted elevator service throughout the subway system.

In 2018, New York City Transit released their "Fast Forward" proposal to
modernize New York City Transit. Included in this report was a priority
to "Accelerate Accessibility" which set a goal of making 50+ stations
accessible within 5 years (as part of the 2020-2024 capital program),
130 additional stations made accessible in the following five years
(2025-2029 capital program), and the balance of all possible stations
completed by 2034. Fast Forward also included goals to improve communi-
cations for people with disabilities by improving accuracy and avail-
ability of real-time information about elevators and escalators, accel-
erated installation of consistent accessibility features, revised
maintenance practices for elevators and wheelchair lifts, and redesigned
fare gates for improved access.  This legislation would codify these
goals in state law, reinforcing New York's commitment to equal access to
transit in New York City.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.