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A05922 Summary:

BILL NOA05922
 
SAME ASNo Same As
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Add §1220-d, V & T L
 
Relates to pre-arranged for-hire vehicle transportation services and the maximization of energy efficiency, universal design and accessibility by persons with disabilities.
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A05922 Actions:

BILL NOA05922
 
03/24/2023referred to transportation
01/03/2024referred to transportation
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A05922 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5922
 
SPONSOR: Weprin
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to pre-arranged for-hire vehicle transportation services and the maximization of energy efficiency, universal design and accessibility by persons with disabili- ties   PURPOSE: The purpose of this bill is to provide persons with disabilities equal access to pre-arranged for-hire vehicle transportation service and to limit carbon dioxide emissions and dependency on foreign fuel.   SUMMARY OF PROVISIONS: Section 1 of this bill adds a new section, 1220-d,to the vehicle and traffic law. Paragraph one of this new subdivision sets forth defi- nitions to be used in this section. Paragraph two would make every prearranged for-hire vehicle owner with no more than ten vehicles adver- tise and provide energy efficient and accessible transportation service upon request and purchase at least one energy efficient, universally designed, and accessible vehicle when replacing and/or purchasing a new vehicle after the fifth year of enactment of said bill. For companies with more than 10 but less than 100 vehicles, the same would apply for advertising and providing energy efficient and accessible transporta- tion. It would differ for larger companies in the area of purchasing new vehicles. Such companies shall have a minimum of 20% or one-fifth of their fleet be comprised of energy efficient, universally designed, accessible transportation vehicles within 5 years of the enactment of said bill. For even larger companies of more than 100 vehicles, they shall replace 25% or one-fourth of their fleet within three years of the effective date and by the fifth year of the effective date such compa- nies shall increase their percentage of energy efficient, universally designed, and accessible vehicles to a minimum of 50%. Failure to comply with this subdivision would result in a fine of at least $5.0 and no more than $150 per day from the date of violation until compliance is met. A violation can also result in revocation or denial of licensing or registration. The appropriate local, general municipal law shall be amended as follows: Local ordinances regulating taxicabs and limousines. 1. The municipal officers and boards in the cities, towns and villages of this state bow having the authority to enact ordinances, shall adopt ordinances regulating the registration, licensing, and fees for lack of compliance With this subdivision of taxicabs and limousines, and may limit the number of taxicabs and limousines to be licensed.   JUSTIFICATION: Transportation is an integral component in enabling people to fully participate in their communities: It enables people to work, choose where to live, pursue an education, access health care, worship, shop, and participate in recreational activities. For New York State residents with disabilities, the right to fully participate in their communities and access services is significantly hampered by the current inequities in New York's transportation network. It is a matter of fairness and in spirit with the principles and provisions of the Americans with Disabil- ities Act (ADA) that all residents and visitors to New York State are afforded equal access to all modes of transportation. The Energy Effi- ciency Accessible Livery Act creates greater accessibility in pre-ar- ranged for-hire vehicle transportation service, decreases foreign fuel dependency, and implements more environmentally sound transportation through the. utilization of universally designed energy-efficient and • alternative fuel pre-arranged for-hire vehicles. A national study conducted by the U.S. Bureau of Transportation Statis- tics in 2002 found that 6 million people with disabilities have diffi- culties obtaining the transportation they need. Four times as many disa- bled people as nondisabled people lack suitable transportation options to meet their daily mobility needs. In 2000, a Harris Poll funded by•the National Organization on Disability established that nearly one-third of people with disabilities report having inadequate access to transporta- tion. In addition, an aging population means that the demand for universally accessible transportation will increase. According to the American Public Transportation Association (APTA), to serve the rapidly growing portion of Americans older than 65, public transportation will incur increased operating. and capital costs an additional $3.9 billion annually - by 2030. For many communities, pre-arranged for-hire vehicles, such as taxis, are a fundamental part of the transportation system. The Community Transpor- tation Association of America reports that nearly 40 percent of the country's transit-dependent-population - primarily senior citizens, persons with disabilities, and low-income individuals -reside in rural areas. However, in many New York rural communities, little to no public transportation exist, leaving people with disabilities without accessi- ble transportation since current law does not require private for-hire vehicle companies to offer universally accessible vehicles. In New York City, an estimated 60,000 people use wheelchairs, but only 238 of the 13,000 medallion yellow cabs (less than 24) are able to accommodate passengers with wheelchairs. Even fewer livery vehicles and limousines are accessible for customers in wheelchairs. The lack of accessible taxis currently costs the Medicaid program millions of dollars because people who use wheelchairs presently have no alternative but to use very expensive Medicaid funded ambulettes for transportation to medical appointments. This cost could be dramatically reduced if accessible taxi service were available. This bill requires that all new taxis and other for-hire vehicles are wheelchair accessible and be equipped with a ramp or lift that allows for the safe transport of people who use wheelchairs and scooters. The New York State Commission for the Blind and Visually Handicapped estimates that there are 120,000 New Yorkers who are blind and nearly 1 million New Yorkers with vision loss. So when credit card machines, for instance, are in different locations within a vehicle's cab or are designed differently, this is a barrier to service for low-vision or blind individuals. Similarly, if a taxicab does not have enough floor space to accommodate a service animal, an individual traveling with one is not able to ride. Also, because many hybrid vehicles make far less noise than conventional gasoline-powered cars, many people of low-vision or blind individuals are unable to hear these vehicles approach, creat- ing a hazardous situation. Another problem exists in relation to signage. Signage relating to the rights of for-hire vehicle consumers and fare schedules are not provided in Braille and generally the font size for all of these signs is very small, making it difficult for people who are of low vision to read. This bill requires that taxis and other for-hire vehicles are compliant with standard technology (with an exception for the testing of pilot programs for new systems), provide sufficient floor space for a service animal, require that hybrid-powered taxicabs are outfitted with a device that enables the blind or low vision individuals to hear the vehicle approach, and provides for large- print and Braille signage. Approximately 12% of the U.S. population or 38 million Americans have significant hearing loss. For these individuals it is commonly difficult to communicate with the taxicab driver about their destination, their preferred route, or to converse about the fare and payment. This bill requires that new taxicabs and other for-hire vehicles be fitted with an assistive listening system so that people who use a hearing aid can be connected to an intercom, video, or audio system. This bill further requires that new taxicabs and other for-hire vehicles be equipped with hearing loop systems, which provides superior hearing assistance. Nearly two-thirds of the hearing aids on the market as well as all cochlear implants come equipped with the technology necessary to access hearing loop systems allowing a growing number of individuals. with hearing loss to benefit from hearing loop systems. Current technology in petroleum-alternative fuels and energy-efficiency ensures that accessible for-hire vehicles can be also be a more environ- mentally sound and cost effective alternative to current for-hire vehi- cles, thus limiting both dependency on foreign fuel and the negative environmental impact of high carbon dioxide emissions. According to the U.S. Department of Energy, over half of the oil used in the United States is imported,and this dependency is set to increase as domestic oil resources are depleted. Dependency on foreign fuel inflicts costs to the United States economy. Oil price shocks and price manipulation cost the economy approximately $1.9 trillion from 2004 to 2008 (U.S. Department of Energy, 2009). In addition to this economic cost, high emissions also have a significant environmental impact. According to the U.S. Environmental Protection Agency, vehicles in the United States release over 1.7 billion tons of carbon dioxide into the atmosphere each year, contributing to global climate change. According to the U.S. Department of Energy, New York State is the 8th highest carbon dioxide polluting state in the nation, with the transportation sector being a major energy consumer. Each gallon of gasoline burned creates 20 pounds of carbon dioxide.Energy efficiency, including use of alternative fuels, is the most cost-effective method of reducing dependence on foreign oil and limiting negative environmental impacts. According to the American Coun- cil on and Energy Efficient Economy, for every dollar that is invested in efficiency, the United States economy sees a return of one dollar and eighty cents. According to the Natural Resources Defense Council, increasing the average vehicle efficiency to 39 miles per gallon would reduce oil usage by as much as 1.3 billion barrels per year. This bill requires that for-hire vehicle fleets include energy-efficient, universally designed for-hire vehicles.   PRIOR LEGISLATIVE HISTORY: 02/10/17 referred to transportation 01/03/18 referred to transportation
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A05922 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5922
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2023
                                       ___________
 
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to pre-arranged
          for-hire vehicle transportation services and the maximization of ener-
          gy  efficiency,  universal  design  and  accessibility by persons with
          disabilities

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Energy Efficiency Accessible Livery Act".
     3    § 2. The vehicle and traffic law is amended by adding  a  new  section
     4  1220-d to read as follows:
     5    §  1220-d.  Universal  accessibility and energy efficiency in for-hire
     6  vehicles. 1. For the purposes of this section, the following terms shall
     7  have the following meanings:
     8    (a) "Pre-arranged  for-hire  vehicle"  shall  mean  a  motor  vehicle,
     9  designed  to  carry no more than nine passengers (excluding the driver),
    10  that is used in the business of transporting passengers for compensation
    11  on a pre-arranged basis, and operated in such business under  a  license
    12  or  permit  issued  by  a licensing jurisdiction. The term "pre-arranged
    13  for-hire vehicle" shall apply to vehicles as defined in  this  paragraph
    14  regardless  of  any  other  provision  of  local law or rule defining or
    15  describing such vehicles by any other terms such as livery, taxi,  black
    16  car, or luxury limousine.
    17    (b)  "Pre-arranged  for-hire vehicle owner or operator" shall mean the
    18  registered owner of a pre-arranged for-hire vehicle, or a duly  licensed
    19  driver  designated  by  such registered owner or operator to operate the
    20  registered owner's or operator's pre-arranged for-hire  vehicle  as  the
    21  registered owner's or operator's authorized designee.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10086-01-3

        A. 5922                             2
 
     1    (c) "Universal design" or "universally designed" shall mean the design
     2  of products and environments to be usable by all people, to the greatest
     3  extent possible, without the need for adaptation or specialized design.
     4    (d)  "Energy  efficient vehicle" shall mean vehicles that are petrole-
     5  um-alternative vehicles using petroleum-alternative fuels; hybrid  elec-
     6  tric  vehicles;  or  conventional gasoline vehicles achieving an average
     7  fuel economy of at least thirty-five miles per gallon.
     8    (e) "Accessible vehicle" shall mean a vehicle that:
     9    (i) complies with the accessibility requirements of the Americans with
    10  Disabilities Act of 1990, as amended, and  the  regulations  promulgated
    11  thereunder;
    12    (ii) is equipped with a lift, ramp or any other device, arrangement or
    13  alteration,  so it is capable of transporting individuals who use wheel-
    14  chairs, scooters, or other mobility aids while  they  remain  seated  in
    15  their wheelchairs, scooters, or other mobility aids;
    16    (iii)  is equipped with an assistive listening system for persons with
    17  hearing impairments that is connected with any intercom, video or  audio
    18  system, when such a system is installed;
    19    (iv)  is  equipped with standardized signs printed in:(A) braille; and
    20  (B) large-print text so that such signs are visible to persons with  low
    21  vision;
    22    (v)  provides  sufficient floor space to accommodate a service animal;
    23  and
    24    (vi) if powered by a hybrid-electric motor, is equipped with an appro-
    25  priate device to enable persons who are blind to hear  the  approach  of
    26  the  vehicle as readily as they can hear a conventional gasoline-powered
    27  vehicle.
    28    2. (a) Every pre-arranged for-hire vehicle owner or operator with  not
    29  more than ten for-hire vehicles shall:
    30    (i)  purchase  or  lease  at  least  one energy efficient, universally
    31  designed and accessible vehicle upon its next acquisition of  a  vehicle
    32  after  the fifth year from the effective date of the chapter of the laws
    33  of two thousand twenty-three that added this section; and
    34    (ii) ensure that when advertising their services  subsequent  to  such
    35  purchase, the availability of energy efficient, universally designed and
    36  accessible vehicles is also advertised.
    37    (b)  Every  pre-arranged  for-hire  vehicle owner or operator with not
    38  less than eleven or more than one hundred for-hire vehicles shall:
    39    (i) purchase or  lease  energy  efficient,  universally  designed  and
    40  accessible  vehicles  when acquiring vehicles until not less than twenty
    41  percent of the fleet  is  energy  efficient,  universally  designed  and
    42  accessible.  In  no event shall such fleet have less than twenty percent
    43  energy efficient, universally  designed  and  accessible  vehicles  five
    44  years  after  the effective date of the chapter of the laws of two thou-
    45  sand twenty-three that added this section; and
    46    (ii) ensure that when advertising their services  subsequent  to  such
    47  purchase that the availability of energy efficient, universally designed
    48  and accessible vehicles is also advertised.
    49    (c)  Every  pre-arranged  for-hire  vehicle owner or operator provider
    50  with not less than one hundred for-hire vehicles shall:
    51    (i) purchase or  lease  energy  efficient,  universally  designed  and
    52  accessible  vehicles when acquiring vehicles until not less than twenty-
    53  five percent of the fleet is energy efficient, universally  designed  or
    54  accessible.  In  no  event  shall their fleet have less than twenty-five
    55  percent energy efficient, universally designed and  accessible  vehicles

        A. 5922                             3
 
     1  three  years  after the effective date of the chapter of the laws of two
     2  thousand twenty-three that added this section;
     3    (ii)  increase  their  percentage  of  energy  efficient,  universally
     4  designed and accessible vehicles to a minimum of fifty  percent  of  the
     5  fleet within five years to the effective date of the chapter of the laws
     6  of two thousand twenty-three that added this section; and
     7    (iii)  ensure  that when advertising their services subsequent to such
     8  purchase that the availability of energy efficient, universally designed
     9  and accessible vehicles is also advertised.
    10    (d) All pre-arranged for-hire vehicle owners and operators shall main-
    11  tain the percentages  of  energy  efficient,  universally  designed  and
    12  accessible  vehicles  in their service which, according to their size at
    13  any given time, they would have been required to purchase by the  speci-
    14  fied deadlines under subparagraphs (a), (b) and (c) of this subdivision.
    15    3.  Failure  to  comply with the provisions of subdivision two of this
    16  section shall constitute a violation punishable by a fine  of  not  less
    17  than  fifty  dollars and not more than one hundred fifty dollars per day
    18  from the date a violation occurred until  the  date  such  violation  is
    19  cured.  A  violation  may  also  be  grounds for revocation or denial of
    20  licensing or  registration,  or  renewal  thereof,  under  section  four
    21  hundred  one  of  this  chapter. The local and state authorities charged
    22  with issuing permits, licenses and registration of pre-arranged for-hire
    23  vehicles and shuttle services shall require proof prior to  issuance  of
    24  such  permit, license or registration, or renewal thereof, of compliance
    25  with the provisions of this section.
    26    § 3. This act shall take effect one year after it shall have become  a
    27  law.
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