Senate Bill S4844

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4844
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the civil rights law, in relation to requiring  agencies
   to  develop  a  five-year  accessibility plan providing full and equal
   access to the physical facilities, services, programs, and  activities
   of any state agency or department for persons with disabilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 40-h to read as follows:
   §  40-H.  RIGHT  OF  EQUAL  ACCESS;  FIVE-YEAR ACCESSIBILITY PLAN. ALL
 PERSONS WITHIN THE JURISDICTION OF THIS STATE SHALL BE ENTITLED  TO  THE
 FULL  AND  EQUAL  ACCESS TO THE PHYSICAL FACILITIES, SERVICES, PROGRAMS,
 AND ACTIVITIES OF ANY STATE AGENCY OR DEPARTMENT, SUBJECT  ONLY  TO  THE
 CONDITIONS  AND  LIMITATIONS  ESTABLISHED BY LAW AND APPLICABLE ALIKE TO
 ALL PERSONS.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   (A)  "FIVE-YEAR  ACCESSIBILITY  PLAN"  MEANS  AN  ACCESSIBILITY   PLAN
 REQUIRED  BY SUBDIVISION TWO OF THIS SECTION, UTILIZING A TEMPLATE TO BE
 CREATED BY THE CHIEF DISABILITY OFFICER; AND
   (B) "OFFICER" MEANS THE CHIEF DISABILITY OFFICER DESCRIBED IN  SECTION
 FOUR-B OF THE EXECUTIVE LAW.
   2. REQUIREMENTS OF FIVE-YEAR ACCESSIBILITY PLAN. EACH STATE AGENCY, IN
 CONSULTATION  WITH  THE OFFICER, SHALL DEVELOP AND IMPLEMENT A FIVE-YEAR
 ACCESSIBILITY PLAN  ENSURING  THAT  THE  AGENCY'S  PHYSICAL  FACILITIES,
 SERVICES,  PROGRAMS,  AND ACTIVITIES ARE ACCESSIBLE TO AND ACCOMMODATING
 AND INCLUSIVE OF PERSONS WITH DISABILITIES. SUCH PLAN SHALL INCLUDE,  AT
 A MINIMUM:
   (A)  THE  STEPS THE AGENCY IS CURRENTLY TAKING AND WILL BE TAKING OVER
 THE NEXT FIVE YEARS TO ENSURE THAT THE  AGENCY'S  FACILITIES,  SERVICES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09559-01-5
              

 S. 4844                             2
 
 PROGRAMS,  AND ACTIVITIES ARE ACCESSIBLE TO AND ACCOMMODATING AND INCLU-
 SIVE OF PERSONS WITH DISABILITIES; AND
   (B)  INFORMATION  REGARDING ONGOING PROJECTS AND PROJECTS PLANNED OVER
 THE NEXT FIVE YEARS THAT ARE RELATED TO IMPROVING PHYSICAL, DIGITAL, AND
 PROGRAMMATIC ACCESS, AND EFFECTIVE COMMUNICATIONS FOR PERSONS WITH DISA-
 BILITIES, INCLUDING, BUT NOT LIMITED TO: ANY ALTERATIONS  OR  STRUCTURAL
 CHANGES  TO  FACILITIES  OR  PREMISES THAT ARE OWNED AND OPERATED BY THE
 AGENCY OR CONTRACTED FOR USE BY THE AGENCY OR OTHERWISE UNDER THE  AGEN-
 CY'S  JURISDICTION; ANY PLANNED UPGRADES OR INVESTMENTS IN TECHNOLOGY OR
 TOOLS THAT WILL IMPROVE ACCESSIBILITY WITHIN THE  AGENCY  OR  ACCESS  TO
 SUCH  AGENCY'S  SERVICES AND PROGRAMS; AND ANY OTHER STEPS THE AGENCY IS
 TAKING OR PLANS TO TAKE TO MAKE ITS PROGRAMS AND SERVICES MORE  ACCESSI-
 BLE TO AND INCLUSIVE OF PERSONS WITH DISABILITIES. BUDGETARY INFORMATION
 AND  TIMELINES RELATING TO SUCH PROJECTS SHALL BE INCLUDED WHERE PRACTI-
 CABLE.
   3. POSTING OF FIVE-YEAR ACCESSIBILITY PLAN.  (A) NO LATER THAN  DECEM-
 BER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-SIX,  EACH AGENCY SHALL POST A
 PROPOSED FIVE-YEAR ACCESSIBILITY PLAN ON ITS WEBSITE AND CIRCULATE  SUCH
 PROPOSED  PLAN  FOR PUBLIC COMMENT. IN CIRCULATING THE PROPOSED PLAN FOR
 PUBLIC COMMENT, EACH AGENCY, IN CONSULTATION  WITH  THE  OFFICER,  SHALL
 ENSURE  THAT STAKEHOLDERS, COMMUNITY-BASED ORGANIZATIONS, PROVIDERS, AND
 ALL OTHER APPROPRIATE INDIVIDUALS OR ENTITIES HAVE AN ADEQUATE  OPPORTU-
 NITY TO PROVIDE INPUT ON THE CONTENT OF THE PLAN.
   (B)  NO  LATER  THAN  MARCH FIFTEENTH, TWO THOUSAND TWENTY-SEVEN, EACH
 AGENCY SHALL POST ITS FIVE-YEAR ACCESSIBILITY PLAN ON  ITS  WEBSITE  AND
 PROVIDE A COPY OF SUCH PLAN TO THE OFFICER.
   (C)  NO  LATER  THAN  MARCH  THIRTIETH, TWO THOUSAND TWENTY-SEVEN, THE
 OFFICER SHALL POST ONLINE AND SUBMIT ALL RECEIVED FIVE-YEAR  ACCESSIBIL-
 ITY PLANS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY.
   4.  POSTING  OF  ADDITIONAL  INFORMATION.    (A)  NO  LATER THAN MARCH
 FIFTEENTH, TWO THOUSAND  TWENTY-SIX,  EACH  AGENCY  SHALL  POST  ON  ITS
 WEBSITE  A  STATEMENT  REGARDING  WEB  ACCESSIBILITY AND A MECHANISM FOR
 RECEIVING COMPLAINTS ABOUT WEB ACCESSIBILITY.
   (B) NO LATER THAN MAY FIRST,  TWO  THOUSAND  TWENTY-SIX,  EACH  AGENCY
 SHALL  SUBMIT  TO  THE OFFICER THE NAME OF THE OFFICE WITHIN EACH AGENCY
 THAT SHALL BE RESPONSIBLE  FOR  ENSURING  THAT  THE  AGENCY'S  FIVE-YEAR
 ACCESSIBILITY  PLAN  IS  COMPLETED BY THE DEADLINE, AND SUCH OFFICE NAME
 SHALL ALSO APPEAR ON EACH AGENCY'S RESPECTIVE WEBSITE.
   5. OUTREACH TO THE METROPOLITAN TRANSPORTATION AUTHORITY.  THE  OFFICE
 SHALL  INVITE  THE  METROPOLITAN TRANSPORTATION AUTHORITY TO DEVELOP AND
 SUBMIT A FIVE-YEAR ACCESSIBILITY PLAN.
   6. AGENCY NON-COMPLETION OF FIVE-YEAR ACCESSIBILITY PLANS. (A) IF  ANY
 AGENCY  OR ENTITY, INCLUDING, BUT NOT LIMITED TO THE METROPOLITAN TRANS-
 PORTATION AUTHORITY DOES NOT DEVELOP A FIVE-YEAR ACCESSIBILITY PLAN, THE
 OFFICER SHALL CONDUCT OUTREACH WITH SUCH AGENCY OR ENTITY TO SHARE  BEST
 PRACTICES  AND  RECOMMENDATIONS REGARDING ACCESSIBILITY WITH SUCH AGENCY
 OR ENTITY.
   (B) NO LATER THAN NINETY DAYS AFTER THE OUTREACH REQUIRED BY PARAGRAPH
 (A) OF THIS SUBDIVISION, IF AN AGENCY OR ENTITY DOES NOT DEVELOP A FIVE-
 YEAR ACCESSIBILITY PLAN, THE OFFICER SHALL POST ON THE OFFICER'S WEBSITE
 A STATEMENT THAT SUCH AGENCY OR ENTITY DID NOT DEVELOP SUCH PLAN  AND  A
 SUMMARY  OF  THE  BEST  PRACTICES  AND  RECOMMENDATIONS THAT THE OFFICER
 SHARED WITH SUCH AGENCY OR ENTITY PURSUANT  TO  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION.
 S. 4844                             3
 
   7.  ANNUAL  REPORTING. BEGINNING MAY FIRST, TWO THOUSAND TWENTY-SEVEN,
 AND ANNUALLY THEREAFTER, EACH AGENCY SHALL POST ON ITS WEBSITE A  REPORT
 OF THE PROGRESS SUCH AGENCY HAS MADE IN THE PREVIOUS FISCAL YEAR TOWARDS
 ACHIEVING  THE  GOALS OF THE AGENCY'S FIVE-YEAR ACCESSIBILITY PLAN. SUCH
 REPORTS  SHALL  ALSO  BE SUBMITTED TO THE OFFICER, WHO SHALL SUBMIT SUCH
 REPORTS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
 SPEAKER  OF THE ASSEMBLY ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND TWEN-
 TY-SEVEN AND ANNUALLY THEREAFTER.
   8. TRIENNIAL REPORTING. BEGINNING MAY FIRST, TWO THOUSAND TWENTY-NINE,
 AND TRIENNIALLY THEREAFTER, EACH AGENCY SHALL POST  ON  ITS  WEBSITE  AN
 UPDATED  FIVE-YEAR  ACCESSIBILITY PLAN. SUCH UPDATED PLANS SHALL ALSO BE
 SUBMITTED TO THE OFFICER, WHO SHALL SUBMIT SUCH UPDATES TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
 OR BEFORE MAY FIFTEENTH, TWO THOUSAND TWENTY-NINE AND TRIENNIALLY THERE-
 AFTER.
   § 2. This act shall take effect immediately.