NY State Senate Bill 2021-S5501

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 05, 2022	referred to transportation
Mar 09, 2021	referred to transportation

2021-S5501 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Amd §73-d, Transp L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5794
2017-2018: S3931
2019-2020: S1601

2021-S5501 (ACTIVE) - Summary

Relates to the interagency coordinating committee on rural public transportation.

2021-S5501 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5501

SPONSOR: O'MARA
 
TITLE OF BILL:

An act to amend the transportation law, in relation to the interagency
coordinating committee on rural public transportation

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve the availability and quality of public transportation
services in rural counties.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Establishes an interagency coordinating committee on rural
public transportation, to be known as the "interagency coordinating
committee on rural public transportation"

Section 2. establishes that where the commissioner of health assumes
responsibility for transportation of Medicaid recipients in rural coun-

ties, a public transportation system shall be prioritized for assignment
where the system is available, appropriate, and the least expensive
means. Allows counties with a population below two hundred thousand the
opportunity to resume their own transportation management of NEMT.

Section 3. 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 transit services, and as a result public transit systems
must also be utilized by constituencies relying on State funded means of
transportation. 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 county
was responsible for arranging the necessary Medicaid funded transporta-
tion 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 he 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:

2018: S7421

2020: S1601

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
Immediately.

2021-S5501 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5501
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2021
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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
 
   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 and subdivision 1 as amended by chapter  672
 of the laws of 2019, 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; the commissioner of the office for people with develop-
 mental  disabilities;  the commissioner of [social services; state advo-
 cate for the disabled] THE OFFICE FOR TEMPORARY AND  DISABILITY  ASSIST-
 ANCE;  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 of whom shall be transportation providers or consumers  representing
 rural  counties  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10128-01-1

 S. 5501                             2
 
 shall be made to provide a broad representation of consumers and provid-
 ers  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 SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT  OF
 THE  SENATE,  AND  THE  GOVERNOR  ANNUALLY, BEGINNING OCTOBER FIRST, TWO
 THOUSAND TWENTY-TWO. 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.] E. identify restrictions on existing programs that inhibit  funds
 from  such programs being used to pay for a coordinated public transpor-
 tation service in rural counties;
   [c.] F. 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. upon request, compile and forward to the commissioner any  data  or
 other information required by this section].
   3.  THE  COMMITTEE  SHALL  BE  REQUIRED TO EXAMINE REIMBURSEMENT RATES
 DEVELOPED BY TRANSPORTATION MANAGERS PURSUANT  TO  SUBDIVISION  FOUR  OF
 SECTION  THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR COUN-
 TIES WITH A POPULATION OF TWO HUNDRED THOUSAND OR  LESS.  THE  COMMITTEE
 SHALL  SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR RURAL
 COMMUNITIES TO THE COMMISSIONER OF HEALTH WITH  RECOMMENDATIONS  INCLUD-
 ING,  BUT  NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP FARES FOR
 PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS-
 PORTATION WITH OTHER HUMAN  SERVICE  AGENCIES,  AND  RATES  FOR  PRIVATE
 TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
   THE  COMMISSIONER  OF HEALTH SHALL CONSULT WITH THE COMMITTEE PRIOR TO
 APPROVAL OF RATES PROPOSED  UNDER  SUBDIVISION  FOUR  OF  SECTION  THREE
 HUNDRED  SIXTY-FIVE-H  OF  THE  SOCIAL  SERVICES LAW FOR COUNTIES WITH A
 POPULATION OF TWO HUNDRED THOUSAND OR LESS.  ANY  PROPOSAL  FOR  A  RATE
 ADJUSTMENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE
 COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
   4.  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

 S. 5501                             3

 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. This act shall take effect immediately.

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Senate Bill S5501

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S5501 (ACTIVE) - Details

2021-S5501 (ACTIVE) - Summary

2021-S5501 (ACTIVE) - Sponsor Memo

2021-S5501 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5501

Share this bill

Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Transportation Committee

2021-S5501 (ACTIVE) - Details

2021-S5501 (ACTIVE) - Summary

2021-S5501 (ACTIVE) - Sponsor Memo

2021-S5501 (ACTIVE) - Bill Text download pdf

Comments