STATE OF NEW YORK
        ________________________________________________________________________
                                          4491
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 13, 2019
                                       ___________
        Introduced by Sen. GOUNARDES -- 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 requiring
          transit projects to include  installation  of  elevators  in  stations
          where none currently exists
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1266-c of the public authorities law is amended  by
     2  adding a new subdivision 4-a to read as follows:
     3    4-a.  (a)  All  transit  projects involving a subway passenger station
     4  that does not have an available elevator shall include the  installation
     5  of  an elevator that will provide individuals in wheelchairs accessibil-
     6  ity to an area of the station where passengers enter and exit  a  subway
     7  servicing  such  passenger  station;  provided,  however,  that if it is
     8  determined that the installation of an elevator is not feasible, leaving
     9  such passenger station out of compliance with the Americans  with  disa-
    10  bilities  act,  either  the metropolitan transportation authority or the
    11  New York city transit  authority  shall,  in  the  request  for  project
    12  approval, provide a written statement to the metropolitan transportation
    13  authority capital board explaining why the installation of such elevator
    14  is  not  feasible.  If the installation of such elevator is not feasible
    15  due to cost or funding issues, the metropolitan transportation authority
    16  capital board shall not approve such project.
    17    (b) All transit projects involving a subway passenger station that has
    18  an available elevator shall examine such elevator to  determine  whether
    19  it  is  in  need  of  repair. If such elevator is found to be in need of
    20  repair, such project shall include the repair or rehabilitation of  such
    21  elevator; provided, however, that if it is determined that the repair or
    22  rehabilitation  of such elevator is not feasible, leaving such passenger
    23  station out of compliance with  the  Americans  with  disabilities  act,
    24  either  the  metropolitan  transportation authority or the New York city
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10633-01-9

        S. 4491                             2
     1  transit authority shall, in the request for project approval, provide  a
     2  written  statement  to the metropolitan transportation authority capital
     3  board explaining why the repair or rehabilitation of  such  elevator  is
     4  not  feasible.  If  the repair or rehabilitation of such elevator is not
     5  feasible due to cost or funding issues, the metropolitan  transportation
     6  authority capital board shall not approve such project.
     7    (c)  Any transit project that is disapproved pursuant to paragraph (a)
     8  or (b) of this subdivision may be  resubmitted  for  approval;  provided
     9  that  approval shall be granted only if such resubmitted transit project
    10  would bring the subway passenger station into compliance with the Ameri-
    11  cans with disabilities act.
    12    § 2. This act shall take effect immediately and  shall  apply  to  all
    13  transit projects that have not been reviewed by metropolitan transporta-
    14  tion authority capital board prior to such effective date.