Epstein, Rivera, Dickens, Lunsford, Levenberg, Simon
MLTSPNSR
Add 40-h, Civ Rts L
Requires each agency to develop and implement a five-year accessibility plan, to include: the steps the agency is taking and will be taking over the next 5 years to ensure accessibility to the agency's facilities, services, and programs for persons with disabilities, and information on ongoing projects and projects planned over the next 5 years related to improving physical, digital and programmatic access, and effective communications for persons with disabilities.
STATE OF NEW YORK
________________________________________________________________________
6116--A
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. BURDICK, EPSTEIN, RIVERA, DICKENS, LUNSFORD,
LEVENBERG, SIMON -- read once and referred to the Committee on Govern-
mental Operations -- recommitted to the Committee on Governmental
Operations in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil rights law, in relation to requiring agencies
to develop a five-year accessibility plan providing full and equal
access to the physical facilities, services, programs, and activities
of any state agency or department for persons with disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section
2 40-h to read as follows:
3 § 40-h. Right of equal access; five-year accessibility plan. All
4 persons within the jurisdiction of this state shall be entitled to the
5 full and equal access to the physical facilities, services, programs,
6 and activities of any state agency or department, subject only to the
7 conditions and limitations established by law and applicable alike to
8 all persons.
9 1. As used in this section:
10 (a) "five-year accessibility plan" means an accessibility plan
11 required by subdivision two of this section, utilizing a template to be
12 created by the chief disability officer; and
13 (b) "officer" means the chief disability officer described in section
14 four-b of the executive law.
15 2. Requirements of five-year accessibility plan. Each state agency, in
16 consultation with the officer, shall develop and implement a five-year
17 accessibility plan ensuring that the agency's physical facilities,
18 services, programs, and activities are accessible to and accommodating
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10303-03-4
A. 6116--A 2
1 and inclusive of persons with disabilities. Such plan shall include, at
2 a minimum:
3 (a) the steps the agency is currently taking and will be taking over
4 the next five years to ensure that the agency's facilities, services,
5 programs, and activities are accessible to and accommodating and inclu-
6 sive of persons with disabilities; and
7 (b) information regarding ongoing projects and projects planned over
8 the next five years that are related to improving physical, digital, and
9 programmatic access, and effective communications for persons with disa-
10 bilities, including, but not limited to: any alterations or structural
11 changes to facilities or premises that are owned and operated by the
12 agency or contracted for use by the agency or otherwise under the agen-
13 cy's jurisdiction; any planned upgrades or investments in technology or
14 tools that will improve accessibility within the agency or access to
15 such agency's services and programs; and any other steps the agency is
16 taking or plans to take to make its programs and services more accessi-
17 ble to and inclusive of persons with disabilities. Budgetary information
18 and timelines relating to such projects shall be included where practi-
19 cable.
20 3. (a) No later than December thirty-first, two thousand twenty-five,
21 each agency shall post a proposed five-year accessibility plan on its
22 website and circulate such proposed plan for public comment. In circu-
23 lating the proposed plan for public comment, each agency, in consulta-
24 tion with the officer, shall ensure that stakeholders, community-based
25 organizations, providers, and all other appropriate individuals or enti-
26 ties have an adequate opportunity to provide input on the content of the
27 plan.
28 (b) No later than March fifteenth, two thousand twenty-six, each agen-
29 cy shall post its five-year accessibility plan on its website and
30 provide a copy of such plan to the officer.
31 (c) No later than March thirtieth, two thousand twenty-six, the offi-
32 cer shall post online and submit all received five-year accessibility
33 plans to the governor, the temporary president of the senate and the
34 speaker of the assembly.
35 4. (a) No later than March fifteenth, two thousand twenty-five, each
36 agency shall post on its website a statement regarding web accessibility
37 and a mechanism for receiving complaints about web accessibility.
38 (b) No later than May first, two thousand twenty-five, each agency
39 shall submit to the officer the name of the office within each agency
40 that shall be responsible for ensuring that the agency's five-year
41 accessibility plan is completed by the deadline, and such office name
42 shall also appear on each agency's respective website.
43 5. Outreach to the metropolitan transportation authority. The office
44 shall invite the metropolitan transportation authority to develop and
45 submit a five-year accessibility plan.
46 6. Agency non-completion of five-year accessibility plans. (a) If any
47 agency or entity, including, but not limited to the metropolitan trans-
48 portation authority does not develop a five-year accessibility plan, the
49 officer shall conduct outreach with such agency or entity to share best
50 practices and recommendations regarding accessibility with such agency
51 or entity.
52 (b) No later than ninety days after the outreach required by paragraph
53 (a) of this subdivision, if an agency or entity does not develop a five-
54 year accessibility plan, the officer shall post on the officer's website
55 a statement that such agency or entity did not develop such plan and a
56 summary of the best practices and recommendations that the officer
A. 6116--A 3
1 shared with such agency or entity pursuant to paragraph (a) of this
2 subdivision.
3 7. Annual reporting. Beginning May first, two thousand twenty-six, and
4 annually thereafter, each agency shall post on its website a report of
5 the progress such agency has made in the previous fiscal year towards
6 achieving the goals of the agency's five-year accessibility plan. Such
7 reports shall also be submitted to the officer, who shall submit such
8 reports to the governor, the temporary president of the senate and the
9 speaker of the assembly on or before June thirtieth, two thousand twen-
10 ty-six and annually thereafter.
11 8. Triennial reporting. Beginning May first, two thousand twenty-
12 eight, and triennially thereafter, each agency shall post on its website
13 an updated five-year accessibility plan. Such updated plans shall also
14 be submitted to the officer, who shall submit such updates to the gover-
15 nor, the temporary president of the senate and the speaker of the assem-
16 bly on or before May fifteenth, two thousand twenty-eight and triennial-
17 ly thereafter.
18 § 2. This act shall take effect immediately.
