Relates to pre-arranged for-hire vehicle transportation services and the maximization of energy efficiency, universal design and accessibility by persons with disabilities.
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
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.