NY State Senate Bill 2019-S1597

Senate Bill S1597

2019-2020 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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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

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2019-S1597 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §73-d, Transp L; amd §365-h, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7421
2021-2022: S5503

2019-S1597 (ACTIVE) - Summary

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

2019-S1597 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1597

SPONSOR: O'MARA
 
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:

(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 he 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 tran-
sit services, and as a result public transit systems must also be
utilized by constituencies relying on State funded means of transporta-
tion. 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 coun-
ty was responsible for arranging the necessary Medicaid funded transpor-
tation 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 gener-
al 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 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 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 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:

2013 - S7421

 
FISCAL IMPLICATIONS:

None to the state.

 
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-S1597 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1597
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced by Sens. O'MARA, AKSHAR, AMEDORE, FUNKE, GALLIVAN, RANZENHOF-
   ER,  SEWARD, YOUNG -- 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05819-01-9

 S. 1597                             2
 
 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
 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 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. 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.
   § 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:

 S. 1597                             3
 
   (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-
 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.
   § 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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