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This entry was published on 2014-09-22
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Economically sustainable transportation demonstration program
§ 223. Economically sustainable transportation demonstration program.
1. Definitions. As used in this section:

(a) "Economically sustainable transportation provider" shall mean a
non-profit provider of transportation services that submits to the
director and obtains approval of a plan demonstrating that the provider
is capable of providing economically sustainable transportation

(b) "Economically sustainable transportation services" shall mean
demand-responsive transportation services that are provided:

(1) by automobile;

(2) to qualified individuals;

(3) twenty-four hours a day, seven days a week; and

(4) by volunteer or paid drivers.

(c) "Qualified individual" shall mean an individual who is:

(1) an older individual, as defined in section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002); or

(2) an individual who is blind, within the meaning of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), an individual who
has significant visual impairment described in section 751 of the
Rehabilitation Act of 1973 (29 U.S.C. 796j), or an individual who is
eligible for benefits under title II or XVI of the Social Security Act
(42 U.S.C. 401 et seq., 1381 et seq.) on the basis of blindness.

(d) "Qualified transportation account" shall mean an account
established for a qualified individual for the purpose of acquiring
transportation services from an economically sustainable transportation

(e) "Director" shall mean the director of the New York state office
for the aging.

(f) "Eligible entity" shall mean a private non-profit organization
with experience in establishing and replicating the independent
transportation network to provide economically sustainable
transportation services for qualified individuals.

2. The director shall establish the economically sustainable
transportation demonstration program for the purpose of enabling seniors
to remain independent and mobile in their community. The program would
provide an on demand transit service for seniors that would use
automobiles driven by volunteer and paid drivers to transport seniors to
where they need and want to go. After a period of five years, the
program would no longer be eligible for state funding and would be
completely self-sustaining, relying on consumer fares and voluntary
community support to remain operational.

3. Before carrying out the economically sustainable transportation
demonstration program, the director shall enter into a contract or a
cooperative agreement with an eligible entity to provide recommendations
and support to the director regarding the administration of such a

(a) The eligible entity that enters into a contract or agreement under
subdivision three of this section shall:

(1) Provide initial and ongoing technical assistance and support to
the director for the administration of the sustainable transportation
demonstration program.

(2) Provide initial and ongoing technical assistance to economically
sustainable transportation providers.

(3) Provide recommendation to the director about the establishment of,
and requirements concerning locations where the economically sustainable
transportation services will be provided in the state.

(4) Provide recommendations to the director for the creation and use
of qualified transportation accounts for the transportation services,
including the provisions that such an account:

(i) may be funded with credits or funds equal to the value of a
vehicle traded to an economically sustainable transportation provider
by, or on behalf of, a qualified individual, or by other means;

(ii) shall be used only to provide transportation services to the
qualified individual;

(iii) shall have a designated beneficiary; and

(iv) shall be transferable to an individual other than the qualified

(5) Provide recommendations to the director regarding participation in
any federal grant program for an economically sustainable transportation

4. After receiving the recommendations and support described in
subdivision three of this section, the director shall develop a request
for proposal to carry out the economically sustainable demonstration

5. Copyrights and trademarks. Nothing in this section shall affect the
rights of the eligible entity under the copyright or trademark laws of
the United States. Nothing in this section shall require the disclosure
of information to which Federal law relating to trade secrets (including
section 552(b)(4) of title 5, United States Code) applies. In entering
into a contract or cooperative agreement under this section, the
director shall not establish any conditions that affect such rights or
require such disclosure.

6. Within amounts appropriated, the director shall make grants
available to qualified economically sustainable transportation providers
of no less than fifty-five thousand dollars per grantee in the first
year of the operation of the program. Such providers shall be eligible
to receive funding under this section annually for up to five years.
After such time, providers must be able to provide economically
sustainable transportation services without receiving further public
financial assistance for operating or capital expenses.

7. To be eligible to receive a grant under this section, an
economically sustainable transportation provider shall commit to raising
matching funds from non-state sources equal to fifty percent of the
state grant. Up to ten percent of the provider match may be provided

8. The office may use up to twelve percent of the total of any funding
appropriated pursuant to this section for administration.