S T A T E   O F   N E W   Y O R K
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                                  5794

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 3, 2015
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation to  the  interagency
  coordinating committee on rural public transportation

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

  Section 1. Section 73-d of the transportation law, as amended by chap-
ter 562 of the laws of 1987, is amended to read as follows:
  S 73-d. Interagency coordinating committee on rural public transporta-
tion. 1. There is hereby created a committee to be known as the "intera-
gency coordinating committee on  rural  public  transportation",  to  be
comprised  of  nineteen members. The commissioner or his or her designee
shall serve as chairperson. Twelve of such members shall be the  follow-
ing  or  his  or her duly designated representative: the director of the
office for the aging; the commissioner of education; the commissioner of
labor; the commissioner of health; the commissioner  of  the  office  of
mental  health;  THE  COMMISSIONER  OF  THE  OFFICE  OF  ALCOHOLISM  AND
SUBSTANCE ABUSE; the commissioner of the office [of  mental  retardation
and]  FOR  PEOPLE  WITH  developmental disabilities; the commissioner of
[social services; state advocate for the disabled] THE OFFICE FOR TEMPO-
RARY AND DISABILITY ASSISTANCE; THE EXECUTIVE DIRECTOR OF THE  NEW  YORK
STATE  JUSTICE  CENTER  FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS;
THE secretary of state; THE commissioner of  agriculture  and  markets[;
the  director  of  the office of rural affairs] and the [director of the
division for youth] COMMISSIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY
SERVICES.  Six  additional  members, all of whom shall be transportation
providers or consumers representing rural counties shall be appointed to
serve a term of three years as follows: two by the  [president  pro-tem-
pore]  TEMPORARY  PRESIDENT  of  the  senate,  two by the speaker of the
assembly, one by the minority leader of  the  senate,  and  one  by  the
minority  leader  of  the  assembly.  Efforts shall be made to provide a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11497-01-5
              

S. 5794                             2

broad  representation  of  consumers  and  providers  of  transportation
services  in  rural counties when making such appointments.  [Members of
the committee shall receive no salary.] THE SIX MEMBERS APPOINTED BY THE
LEGISLATURE,  AS  WELL AS THE COMMISSIONER OR HIS OR HER DESIGNEE, SHALL
BE THE VOTING MEMBERS. THE BALANCE OF THE COMMITTEE  WILL  SERVE  IN  AN
ADVISORY  OR  CONSULTING  CAPACITY. THE COMMITTEE SHALL KEEP A RECORD OF
ITS OFFICIAL ACTIONS.
  The commissioner shall cause the department to provide  staff  assist-
ance  necessary for the efficient and effective operation of the commit-
tee.
  2. The committee shall[:] MEET AT LEAST ONCE EVERY  THREE  MONTHS  AND
SHALL  REPORT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF
THE SENATE, AND THE GOVERNOR  ANNUALLY,  BEGINNING  OCTOBER  FIRST,  TWO
THOUSAND FIFTEEN. THE ANNUAL REPORT SHALL:
  A.  IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND PROVIDE DATA ON
RIDERSHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM;
  B. IDENTIFY RURAL POPULATIONS CURRENTLY UTILIZING  PUBLIC  TRANSPORTA-
TION,  AS  WELL  AS POPULATIONS IN NEED OF PUBLIC TRANSPORTATION WITHOUT
ACCESS,  AND  DISCUSS  RECOMMENDATIONS  FOR  MAINTAINING  AND  EXPANDING
SERVICES;
  C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA-
TION  PROVIDED  TO MEDICAID PATIENTS, AND RATES OF UTILIZATION OF PUBLIC
TRANSPORTATION BY MEDICAID PATIENTS;
  D. identify programs and the annual amounts and sources of funds  from
such  programs  that  are  eligible  to be used to support a coordinated
public transportation service, and the annual  amounts  and  sources  of
such  funds  that  are  actually  used  for client transportation or for
transportation of persons in connection with agency-affiliated  programs
or services; such data shall be provided on a county basis;
  [b.]  E. identify restrictions on existing programs that inhibit funds
from such programs being used to pay for a coordinated public  transpor-
tation service in rural counties;
  [c.]  F.  recommend changes in state or local laws or regulations that
would improve the coordination of funds, facilities, vehicles or  equip-
ment and other resources used for transportation at the local level[;
  d.  upon  request, compile and forward to the commissioner any data or
other information required by this section].
  3. THE COMMITTEE SHALL BE  REQUIRED  TO  EXAMINE  REIMBURSEMENT  RATES
DEVELOPED  BY  TRANSPORTATION  MANAGERS  PURSUANT TO SUBDIVISION FOUR OF
SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR  COUN-
TIES  WITH  A  POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE
SHALL SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR  RURAL
COMMUNITIES  TO  THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUD-
ING, BUT NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP  FARES  FOR
PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS-
PORTATION  WITH  OTHER  HUMAN  SERVICE  AGENCIES,  AND RATES FOR PRIVATE
TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
  THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE  PRIOR  TO
APPROVAL  OF  RATES  PROPOSED  UNDER  SUBDIVISION  FOUR OF SECTION THREE
HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES  LAW  FOR  COUNTIES  WITH  A
POPULATION  OF  TWO  HUNDRED  THOUSAND  OR LESS. ANY PROPOSAL FOR A RATE
ADJUSTMENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE
COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
  4. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF  THE  COMMITTEE
SHALL  CONSTITUTE  A QUORUM FOR THE TRANSACTION OF THE COMMITTEE'S BUSI-
NESS. THE COMMITTEE SHALL HAVE THE POWER TO ACT BY A  MAJORITY  VOTE  OF

S. 5794                             3

THE  VOTING  MEMBERS.  COMMITTEE  MEMBERS  SHALL HOLD OFFICE UNTIL THEIR
SUCCESSORS HAVE BEEN APPOINTED AND  HAVE  QUALIFIED.  THE  SELECTION  OF
SUCCESSORS  TO  FILL A VACANCY SHALL BE MADE IN THE SAME MANNER IN WHICH
THE RETIRING COMMITTEE MEMBERS SHALL HAVE BEEN SELECTED.  MEMBERS OF THE
COMMITTEE  SHALL  RECEIVE  NO SALARY OR OTHER COMPENSATION, BUT SHALL BE
ENTITLED TO THEIR ACTUAL AND  NECESSARY  EXPENSES,  INCLUDING  TRAVELING
EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES.
  S 2. This act shall take effect immediately.