S30-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S30-2013 Memo

BILL NUMBER:S30

TITLE OF BILL:
An act
to amend the public authorities law, in relation to ensuring public
accessibility in certain mass transit and rapid transit stations

PURPOSE OR GENERAL IDEA OF BILL:
Requires the Metropolitan Transportation Authority to provide for the
daily inspection of escalators, elevators, wheel-chair lifts, and
other facilities in passenger stations and to make their maintenance
a priority.

SUMMARY OF SPECIFIC PROVISIONS:
This bill requires the Metropolitan Transportation Authority to
provide for the daily inspection of escalators, elevators, wheelchair
lifts, and other facilities in its passenger stations.

The bill requires that if an escalator, elevator, wheelchair lift, or
other facility is found to be inoperable that the authority shall
initiate repair and file a written report to the authority's
Inspector General and Management Advisory Board.

The bill requires that if an escalator, elevator, wheelchair lift, or
other facility is found to be inoperable for two or more consecutive
days the Inspector General issue an emergency repair order and
monitor the repair progress.

The bill requires that throughout the period in which an escalator,
elevator, wheelchair lift, or other facility is found to be
inoperable that written reports are filed with the authority's
Inspector General and Management Advisory Board.

The bill defines "inoperable" as when an escalator, elevator,
wheelchair lift, or other facility cannot accommodate a person with a
disability in the way in which it was designed to.

The bill requires the Management Advisory Board to assist the MTA
Inspector General in identifying ways to improve accessibility for
persons with disabilities, maintenance of passenger stations, and
wheelchair lifts on city buses.

JUSTIFICATION:
When an escalator, elevator, or wheelchair lift is inoperable it means
that a person with a disability may be stranded in their home. If a
wheelchair user finds that they cannot exit due to an inoperable eleva-
tor they have limited options: exit at a different station likely very
far away from their intended destination, reverse their trip if an
elevator is not necessary to reach the other side of the tracks, or
have their person and their wheelchair carried out of the passenger
station by the police. This is a situation that occurs too often and
is humiliating and dangerous for the wheelchair user and an
unacceptable outcome that we could do more to avoid. In an
emergency, inoperable accessibility features have the potential to be
a threat to human life.


According to a 2006 report, The State of Repairs, by Manhattan Borough
President Scott, M. Stringer, 74% of all elevators in ADA-compliant
stations did not receive their mandated annual inspection each year
between 2002 and 2005. 58% of escalators in Manhattan did not receive
a mandated inspection in that same period. The Borough President's
report also found that the trend is towards elevator outages
increasing in length.. In 2005, the average elevator in an
ADA-compliant station was out for 11 days. These findings are not
new, but rather part of a long-term trend. A 2000 report, Stuck,
prepared by NYC Public Advocate Mark Green analyzed 110,000 records
between 1994 and 2000 and found that elevators and escalators in
passenger stations were being poorly maintained.

PRIOR LEGISLATIVE HISTORY:
2008: S.7348 (Duane), Died in Transportation; A.10420, Died in
      Corporations
2009: S.1387 (Duane), Died in Transportation; A.3952, Died in
      Corporations
2010: S.1387 (Duane), Died in Finance; A.3952 (Kellner)
      Died in Corporations

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
30 days after it becomes law.

S30-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          30
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation
 AN  ACT  to  amend  the  public authorities law, in relation to ensuring
 public  accessibility  in  certain  mass  transit  and  rapid  transit
 stations
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 1277 of the public authorities law, as  amended  by
 chapter 161 of the laws of 2000, is amended to read as follows:

 

S  1277. Station operation and maintenance. The operation, maintenance
 and use of passenger stations shall be public purposes of  the  city  of
 New York and the counties within the district.  1. (A) The total cost to
 the  authority  and  each  of  its subsidiary corporations of operation,
 maintenance and use  of  each  passenger  station  within  the  district
 serviced  by one or more railroad facilities of the authority or of such
 subsidiary corporation, including the  buildings,  appurtenances,  plat
 forms,  lands  and  approaches  incidental or adjacent thereto, shall be
 borne by the city of New York if such station is located  in  such  city
 or,  if  not located in such city, by such county within the district in
 which such station is located. On or before June first of each year, the
 authority shall, in accordance with the method specified herein,  deter
 mine  and  certify to the city of New York and to each county within the
 district the respective allocation of costs related  to  the  operation,
 maintenance and use of passenger stations within such city and each such
 other  county,  for  the  twelve month period ending the preceding March
 thirty-first.
 For the year commencing April first, nineteen hundred  ninety-nine,  the
 total  payment  amount  to be billed by the authority for the operation,
 maintenance and use of each passenger station within  the  city  of  New
 York and the counties of Nassau, Suffolk, Westchester, Dutchess, Putnam,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01829-01-3
 
       S. 30                               2
 Orange,  and  Rockland  shall  be calculated by summing the total amount
 listed in the base amount table plus an adjustment  to  such  base  year
 amount  equal  to  the base amount times the increase or decrease in the
 Consumer  Price  Index for Wage Earners and Clerical Workers for the New
 York, Northeastern-New Jersey Standard Metropolitan Statistical Area for
 the twelve-month period being billed.
 BASE AMOUNT TABLE
 County                                Base Amount
 Nassau                                $19,200,000
 Suffolk                               $11,834,091
 Westchester                           $13,269,310
 Dutchess                              $ 1,581,880
 Putnam                                $   618,619
 Orange                                $   327,247
 Rockland                              $    34,791
 City of New York                      $61,435,330
 For each year thereafter, such total payment for each such county  shall
 be  the  same  amount  as the total payment during the immediately prior
 year, plus an adjustment equal  to  the  prior  year  amount  times  the
 increase  or  decrease  in the Consumer Price Index for Wage Earners and
 Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
 Metropolitan Statistical Area for the twelve-month period being billed.
 (B)  On  or  before  the following September first, of each year, such
 city and each such county shall pay to the authority such cost or amount
 so certified to it on or before the preceding June first. Such city  and
 each  such  county  shall  have power to finance such costs to it by the
 issuance of budget notes pursuant to section 29.00 of the local  finance
 law. For the year beginning April first, two thousand four, the authori
 ty,  the city of New York and the counties of Nassau, Suffolk, Westches
 ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
 agreement, recommend to the legislature modifications to the amounts set
 forth above based upon changes made to commuter services  including  but
 not  limited  to changes in the number of passenger stations within such
 counties or the level of commuter rail  service  provided  to  any  such
 passenger  stations. Failure between the authority and between the coun
 ties to reach agreement will be referred to the  state  comptroller  for
 mediation.  If  the  mediation is unsuccessful, each party and the state
 comptroller may submit a recommendation to the governor and the legisla
 ture for legislative action.
 (C) In the event that a city or county shall fail to make  payment  to
 the  authority  for  station  maintenance  as  required pursuant to this
 section, or any part thereof, the chief executive officer of the author
 ity or such other person as the chairman shall designate  shall  certify
 to  the  state comptroller the amount due and owing the authority at the
 end of the state fiscal year and the state comptroller shall withhold an
 equivalent amount from the next succeeding state aid allocated  to  such
 county  or  city from the motor fuel tax and the motor vehicle registra
 tion fee distributed pursuant to former section one  hundred  twelve  of
 the highway law, or amounts distributed pursuant to section ten-c of the
 highway  law,  or per capita local assistance pursuant to section fifty
 four of the state finance law  subject  to  the  following  limitations:

 prior to withholding amounts due the authority from such county or city,
 the  comptroller  shall pay in full any amount due the state of New York
 municipal bond bank agency, on account of any such  county's  or  city's
 
       S. 30                               3
 obligation  to such agency; the city university construction fund pursu
 ant to the provisions of the city university construction fund act;  the
 New   York   city  housing  development  corporation,  pursuant  to  the
 provisions  of  the  New  York  city housing development corporation act
 (article twelve of the private housing finance  law);  and  the  transit
 construction  fund pursuant to the provisions of title nine-A of article
 five of this chapter. The comptroller shall give  the  director  of  the
 budget notification of any such payment. Such amount or amounts so with
 held by the comptroller shall be paid to the authority and the authority
 shall  use  such  amount  for the repayment of the state advances hereby
 authorized. When such amount or amounts are received by  the  authority,
 it  shall  credit  such amounts against any amounts due and owing by the
 city or county on whose account such amount was withheld and paid.
 2. NOTWITHSTANDING ANY LAW, ADMINISTRATIVE CODE, RULE OR REGULATION TO
 THE CONTRARY, THE MAINTENANCE OF ESCALATORS, ELEVATORS, WHEELCHAIR LIFTS
 ON CITY BUSES AND OTHER FACILITIES IN PASSENGER STATIONS THAT EXPAND USE
 TO PERSONS WITH DISABILITIES SHALL BE A PRIORITY OF THE AUTHORITY.   THE
 AUTHORITY  SHALL PROVIDE FOR A DAILY INSPECTION OF EACH SUCH STATION AND
 CITY BUS. IF AN ESCALATOR, ELEVATOR, WHEELCHAIR LIFT OR  OTHER  FACILITY
 IS  DEEMED  INOPERABLE DURING SUCH INSPECTION, THE AUTHORITY SHALL IMME
 DIATELY INITIATE REPAIR AND FILE A WRITTEN  REPORT  WITH  THE  AUTHORITY
 INSPECTOR  GENERAL AND THE MANAGEMENT ADVISORY BOARD. IF SUCH ESCALATOR,
 ELEVATOR, WHEELCHAIR LIFT OR OTHER FACILITY IS DEEMED INOPERABLE FOR TWO
 OR MORE CONSECUTIVE DAILY INSPECTIONS,  SUCH  INSPECTOR  GENERAL  SHALL,
 UPON  REVIEW  OF THE REPAIR STATUS, ISSUE OR APPROVE AN EMERGENCY REPAIR
 ORDER AND SHALL MONITOR THE REPAIR PROCESS OF SUCH  FACILITY  TO  ENSURE
 EXPEDITIOUS  RETURN TO SERVICE. FOR PURPOSES OF THIS SECTION, AN ESCALA
 TOR, ELEVATOR, WHEELCHAIR LIFT OR  OTHER  FACILITY  MUST  BE  CONSIDERED
 INOPERABLE  WHEN  IT  CANNOT REASONABLY ACCOMMODATE A WHEELCHAIR USER OR
 OTHER PERSONS WITH DISABILITIES IN THE WAY IT  WAS  ORIGINALLY  DESIGNED
 TO.   DAILY INSPECTIONS AND REPORTS SHALL CONTINUE DURING EACH PERIOD OF
 REPAIR FOR THE ANNUAL REPORTING  REQUIREMENTS  PROVIDED  IN  SUBDIVISION
 FOUR OF SECTION TWELVE HUNDRED SEVENTY-NINE-A OF THIS TITLE.
 

S 2.

Section 1279-a of the public authorities law, as added by chapter
 427 of the laws of 1983, is amended to read as follows:

 

S 1279-a. Management advisory board. 1. There is hereby created in the
 office  of the metropolitan transportation authority inspector general a
 management advisory board, consisting of thirteen members  appointed  by
 the  governor,  of  whom  two  shall be appointed upon nomination by the
 temporary president of the senate, two upon nomination by the speaker of
 the assembly, one upon nomination by the minority leader of  the  senate
 and  one  upon  nomination  by  the minority leader of the assembly. All
 members shall serve for a term of three years, except that, of  the  two
 members  first  appointed  upon nomination by the temporary president of
 the senate, one shall serve for a term of two years and one shall  serve
 for  a  term  of one year; of the two members first appointed upon nomi
 nation by the speaker of the assembly, one shall serve for a term of two
 years and one shall serve for a term of one year; and,  of  two  of  the
 members  first appointed by the governor without nomination by any other
 person, two shall each serve for a term of two years and two shall  each
 serve  for  a  term  of  one  year.  One of the members appointed to the
 management advisory board directly by the governor shall  be  designated
 by the governor to serve as its [chairman] CHAIRPERSON.
 2.  All members of the management advisory board shall be residents of
 the metropolitan transportation district, PATRONS OF  THE  MASS  TRANSIT
 AND  RAPID TRANSIT SYSTEMS and shall be persons with substantial experi
 
       S. 30                               4
 ence in the management of private enterprise, in the delivery of  public
 services, or in labor or labor-management relations.
 3.  The management advisory board shall assist the metropolitan trans
 portation authority inspector general in  identifying  ways  to  improve
 services,  ACCESSIBILITY  FOR  PERSONS WITH DISABILITIES, MAINTENANCE OF
 PASSENGER STATIONS AND WHEELCHAIR LIFTS ON CITY BUSES, reduce costs  and
 increase  the  efficiency  of  the  authority  and its subsidiaries, the
 Triborough bridge and tunnel authority or  the  New  York  city  transit
 authority and its subsidiary.
 4.  No later than April first, nineteen hundred eighty-four, and annu
 ally thereafter, the management  advisory  board  shall  submit  to  the
 governor  and  the  legislature  a  report  on its activities during the
 previous year.
 5. The office of the metropolitan transportation  authority  inspector
 general  shall  provide  the  management  advisory board with such staff
 support as may be required for the performance of its duties.
 6. Members of  the  management  advisory  board  shall  serve  without
 compensation,  but  shall be reimbursed for expenses reasonably incurred
 in the performance of their duties.
 

S 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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