S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8107
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 3, 2019
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, LUPARDO -- read once and referred to
   the Committee on Transportation
 
 AN ACT to amend the transportation law, in relation to  the  interagency
   coordinating  committee  on  rural public transportation; and to amend
   the social services law, in relation to the transportation of eligible
   persons residing in a rural area
 
   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:
   § 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  SERVICES;  the  commissioner  of the office [of mental
 retardation and] FOR PEOPLE WITH developmental disabilities; the commis-
 sioner of [social services; state advocate for the disabled] THE  OFFICE
 FOR  TEMPORARY  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] FIVE of whom shall be
 transportation providers or consumers representing  rural  counties  AND
 ONE  SHALL  BE  A  REPRESENTATIVE OF A LABOR UNION AFFILIATED WITH RURAL
 PUBLIC TRANSPORTATION SYSTEMS RECEIVING  PUBLIC  TRANSPORTATION  SYSTEMS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13007-01-9

 A. 8107                             2
 
 OPERATING  ASSISTANCE  ACCOUNT FUNDS, shall be appointed to serve a term
 of three years as follows: two by the [president pro-tempore]  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  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 CAPACI-
 TY. 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[:], FOR A TWO-YEAR PERIOD  BEGINNING  NO  LATER
 THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
 THOUSAND  NINETEEN  THAT  AMENDED THIS SECTION, MEET AT LEAST ONCE EVERY
 THREE MONTHS AND AT LEAST ONCE EVERY FOUR MONTHS THEREAFTER,  AND  SHALL
 ANNUALLY  REPORT  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY.  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, COORDINATING 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.] G. upon request, compile and forward to the commissioner any data
 or other information required by this section.
   3. 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
 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.
   § 2. The opening paragraph of subdivision 4 of section  365-h  of  the
 social  services law is designated paragraph (a) and a new paragraph (b)
 is added to read as follows:

 A. 8107                             3
 
   (B) WHERE THE COMMISSIONER OF HEALTH ELECTS TO ASSUME  SUCH  RESPONSI-
 BILITY  FROM  A LOCAL SOCIAL SERVICES DISTRICT AUTHORIZED TRANSPORTATION
 FOR AN ELIGIBLE PERSON, WHOSE ORIGINATING LOCATION EXISTS WITHIN A COUN-
 TY DEFINED AS A RURAL AREA PURSUANT TO SUBDIVISION SEVEN OF SECTION FOUR
 HUNDRED  EIGHTY-ONE OF THE EXECUTIVE LAW, SHALL BE ASSIGNED TO AN EXIST-
 ING PUBLIC TRANSPORTATION SYSTEM,  AS  DEFINED  IN  SUBDIVISION  ONE  OF
 SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW, IF THAT SYSTEM PROVIDES AN
 APPROPRIATE, AVAILABLE AND LEAST EXPENSIVE MODE OF TRANSPORTATION.
   §  3.  This act shall take effect immediately; provided, however, that
 section two of this act shall take effect on the thirtieth day after  it
 shall  have  become  a  law  and that the amendments to subdivision 4 of
 section 365-h of the social services law, made by section  two  of  this
 act,  shall  not  affect  the expiration and repeal of such section, and
 shall expire and be deemed repealed therewith.