Senate Bill S5491

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5491
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sens. COMRIE, HOYLMAN, KAPLAN, LIU, MAY, SKOUFIS -- 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 paratransit
   services within the state and city of New York during the  coronavirus
   (COVID-19) pandemic

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 15-b of the transportation law  is
 amended by adding a new paragraph c to read as follows:
   C.  (1) (A) THE PERIOD OF VALIDITY OF THE PARATRANSIT CERTIFICATION OF
 ALL AMERICANS WITH DISABILITIES ACT  PARATRANSIT  ELIGIBLE  INDIVIDUALS,
 WHOSE  CERTIFICATION  WOULD  OTHERWISE  EXPIRE  BETWEEN MARCH FIRST, TWO
 THOUSAND TWENTY AND JULY THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, SHALL BE
 EXTENDED THROUGH AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   (B) EACH CONTRACTOR PROVIDING PARATRANSIT SERVICES SHALL RENDER ELIGI-
 BILITY DETERMINATIONS FOR ANY APPLICATION FOR AMERICANS  WITH  DISABILI-
 TIES  ACT PARATRANSIT BASED SOLELY ON INFORMATION CONTAINED IN THE WRIT-
 TEN APPLICATION AND IN SUBMITTED  MEDICAL  DOCUMENTATION,  UNTIL  AUGUST
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   (C)  ALL  CONTRACTORS PROVIDING PARATRANSIT SERVICES SHALL, UNTIL JULY
 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE,  DISPATCH  AND  ROUTE  INDIVIDUAL
 RATHER  THAN  SHARED  PARATRANSIT RIDES, TO THE MAXIMUM EXTENT POSSIBLE,
 AND SHALL NOTIFY CUSTOMERS AS SOON AS  PRACTICABLE  IN  ADVANCE  IN  THE
 EVENT THAT THEIR RIDE WILL BE SHARED WITH ANOTHER CUSTOMER. SUCH CUSTOM-
 ERS  SHALL  HAVE THE RIGHT TO REFUSE OR RESCHEDULE RIDES THAT WOULD HAVE
 BEEN SHARED, AND ANY SUCH  REFUSAL  OR  RESCHEDULING  SHALL  BE  WITHOUT
 PENALTY PROVIDED THEY RESPOND WITHIN A REASONABLE AMOUNT OF TIME.
   (D)  ALL CONTRACTORS PROVIDING PARATRANSIT SERVICES IN THE CITY OF NEW
 YORK SHALL ENSURE THAT ALL PARATRANSIT DRIVERS AND  PERSONNEL  PROVIDING
 PARATRANSIT  SERVICES ARE PROVIDED WITH HAND SANITIZER, DISPOSABLE STER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10127-01-1

 S. 5491                             2
 
 ILE GLOVES, FACE MASKS AND TRAINING ON PREVENTIVE  MEASURES  TO  PROTECT
 CUSTOMERS,  PARATRANSIT  DRIVERS  AND  PERSONNEL  PROVIDING  PARATRANSIT
 SERVICES FROM COVID-19 AND OTHER INFECTIOUS  DISEASES,  CONSISTENT  WITH
 CURRENT  GUIDELINES  FROM  THE  FEDERAL  CENTERS FOR DISEASE CONTROL AND
 PREVENTION, THE FEDERAL OCCUPATIONAL SAFETY AND  HEALTH  ADMINISTRATION,
 AND THE NEW YORK STATE DEPARTMENT OF HEALTH.
   (2)  ANY  CONTRACTOR  PROVIDING  PARATRANSIT SERVICES IS AUTHORIZED TO
 EXTEND ANY DATE SET FORTH IN CLAUSE (A), (B) OR (C) OF SUBPARAGRAPH  ONE
 OF  THIS  PARAGRAPH, IF, IN THE INTEREST OF THE HEALTH AND SAFETY OF THE
 PUBLIC DUE TO THE CORONAVIRUS (COVID-19) PANDEMIC, SUCH CONTRACTOR DEEMS
 SUCH EXTENSION TO BE NECESSARY.
   § 2. Subdivision 5 of  section  15-c  of  the  transportation  law  is
 amended by adding a new paragraph e to read as follows:
   E.  (1) (A) THE PERIOD OF VALIDITY OF THE PARATRANSIT CERTIFICATION OF
 ALL AMERICANS WITH DISABILITIES ACT  PARATRANSIT  ELIGIBLE  INDIVIDUALS,
 WHOSE  CERTIFICATION  WOULD  OTHERWISE  EXPIRE  BETWEEN MARCH FIRST, TWO
 THOUSAND TWENTY AND JULY THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, SHALL BE
 EXTENDED THROUGH AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   (B) EACH TRANSPORTATION PROVIDER PROVIDING PARATRANSIT SERVICES  SHALL
 RENDER ELIGIBILITY DETERMINATIONS FOR ANY APPLICATION FOR AMERICANS WITH
 DISABILITIES  ACT  PARATRANSIT  BASED SOLELY ON INFORMATION CONTAINED IN
 THE WRITTEN APPLICATION AND IN SUBMITTED  MEDICAL  DOCUMENTATION,  UNTIL
 AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
   (C) ALL TRANSPORTATION PROVIDERS PROVIDING PARATRANSIT SERVICES SHALL,
 UNTIL  JULY  THIRTY-FIRST,  TWO  THOUSAND TWENTY-ONE, DISPATCH AND ROUTE
 INDIVIDUAL RATHER THAN SHARED PARATRANSIT RIDES, TO THE  MAXIMUM  EXTENT
 POSSIBLE,  AND  SHALL NOTIFY CUSTOMERS AS SOON AS PRACTICABLE IN ADVANCE
 IN THE EVENT THAT THEIR RIDE WILL BE SHARED WITH ANOTHER CUSTOMER.  SUCH
 CUSTOMERS  SHALL HAVE THE RIGHT TO REFUSE OR RESCHEDULE RIDES THAT WOULD
 HAVE BEEN SHARED, AND ANY SUCH REFUSAL OR RESCHEDULING SHALL BE  WITHOUT
 PENALTY PROVIDED THEY RESPOND WITHIN A REASONABLE AMOUNT OF TIME.
   (D)  ALL  TRANSPORTATION  PROVIDERS  PROVIDING PARATRANSIT SERVICES IN
 THIS STATE SHALL ENSURE  THAT  ALL  PARATRANSIT  DRIVERS  AND  PERSONNEL
 PROVIDING PARATRANSIT SERVICES ARE PROVIDED WITH HAND SANITIZER, DISPOS-
 ABLE  STERILE  GLOVES, FACE MASKS AND TRAINING ON PREVENTIVE MEASURES TO
 PROTECT CUSTOMERS, PARATRANSIT DRIVERS AND PERSONNEL PROVIDING PARATRAN-
 SIT SERVICES FROM COVID-19 AND  OTHER  INFECTIOUS  DISEASES,  CONSISTENT
 WITH CURRENT GUIDELINES FROM THE FEDERAL CENTERS FOR DISEASE CONTROL AND
 PREVENTION,  THE  FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION,
 AND THE NEW YORK STATE DEPARTMENT OF HEALTH.
   (2) ANY TRANSPORTATION  PROVIDER  PROVIDING  PARATRANSIT  SERVICES  IS
 AUTHORIZED  TO  EXTEND  ANY  DATE SET FORTH IN CLAUSE (A), (B) OR (C) OF
 SUBPARAGRAPH ONE OF THIS PARAGRAPH, IF, IN THE INTEREST  OF  THE  HEALTH
 AND  SAFETY  OF  THE  PUBLIC DUE TO THE CORONAVIRUS (COVID-19) PANDEMIC,
 SUCH TRANSPORTATION PROVIDER DEEMS SUCH EXTENSION TO BE NECESSARY.
   § 3. This act shall take effect immediately.