Senate Bill S5503

2021-2022 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Mar 09, 2021	referred to transportation

2021-S5503 (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
2019-2020: S1597

2021-S5503 (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.

2021-S5503 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5503

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:

Section 1. Creates the interagency coordinating committee on rural
public transportation. Requires the rural public transportation commit-
tee to report their findings to the Executive and the Legislature on an
annual basis.

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 tran-
sit services, as a result public transit systems must 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 opportu-
nities for supporting mobility options for rural upstate New York resi-
dents.

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 transporta-
tion systems in rural counties continue to be prioritized in NEMT rider
assignment, this legislation will require assignment to public transpor-
tation 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 - 51597

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
Immediately.
However, section two and three of this act shall take effect on the
thirtieth day after it shall have become a law; provided, however, that
if section 2 of part IL of chapter 56 of the laws of 2020 shall not have
taken effect on or before such date then section three of this act shall
take effect on the same date and in the same manner as such chapter of
the laws of 2020 takes effect
Provided further that the amendments to subdivision 4 of section 365-h
of the social services law, made by sections two and three of this act,
shall not affect the expiration and repeal of such section pursuant to
subdivision (a) of section 40 of part B of chapter 109 of the laws of
2010, as amended, and shall expire and be deemed repealed therewith.

2021-S5503 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5503
 
                        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; 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 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 SERVICES; the commissioner of the office for people with
 developmental disabilities; the commissioner 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] COMMIS-
 SIONER OF THE OFFICE OF CHILDREN AND  FAMILY  SERVICES.  Six  additional
 members, [all] FIVE of whom shall be transportation providers or consum-
 ers  representing  rural counties AND ONE SHALL BE A REPRESENTATIVE OF A
 LABOR UNION AFFILIATED  WITH  PUBLIC  TRANSPORTATION  SYSTEMS  RECEIVING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10126-01-1

 S. 5503                             2
 
 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 transporta-
 tion 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 COMMITTEE 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-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. 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, as separately amended by section 50 of part  B  and
 section  24  of  part D of chapter 57 of the laws of 2015, is designated
 paragraph (a) and a new paragraph (b) is added to read as follows:

 S. 5503                             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. Paragraph (b) of subdivision 4 of section  365-h  of  the  social
 services law, as added by section 2 of part LL of chapter 56 of the laws
 of 2020, is relettered paragraph (c) and a new paragraph (b) is added to
 read as follows:
   (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.
   § 4. This act shall take effect immediately; provided,  however,  that
 sections  two  and  three of this act shall take effect on the thirtieth
 day after it shall have become a law; provided, however, that if section
 2 of part LL of chapter 56 of the laws of  2020  shall  not  have  taken
 effect  on or before such date then section three of this act shall take
 effect on the same date and in the same manner as such  chapter  of  the
 laws  of  2020 takes effect; and provided further that the amendments to
 subdivision 4 of section 365-h of  the  social  services  law,  made  by
 sections  two and three of this act, shall not affect the expiration and
 repeal of such section pursuant to subdivision (a) of section 40 of part
 B of chapter 109 of the laws of 2010, as amended, and shall  expire  and
 be deemed repealed therewith.

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Senate Bill S5503

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2021-S5503 (ACTIVE) - Details

2021-S5503 (ACTIVE) - Summary

2021-S5503 (ACTIVE) - Sponsor Memo

2021-S5503 (ACTIVE) - Bill Text download pdf

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2021-S5503 (ACTIVE) - Details

2021-S5503 (ACTIVE) - Summary

2021-S5503 (ACTIVE) - Sponsor Memo

2021-S5503 (ACTIVE) - Bill Text download pdf

Comments