S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1360
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by  M.  of  A. MAGNARELLI, LUPARDO, SANTABARBARA, WOERNER --
   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, subdivision 1 as amended by chapter 672 of
 the laws of 2019, 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 "inter-
 agency 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 ADDICTION SERVICES AND
 SUPPORTS; the commissioner of the office for people  with  developmental
 disabilities;  the  commissioner 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; secretary of state; THE commis-
 sioner 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01858-01-1

 A. 1360                             2
 
 PUBLIC  TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT FUNDS, shall
 be appointed to serve a term of three years as  follows:    two  by  the
 TEMPORARY  president  [pro-tempore] 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  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[:], 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. Subdivision 4 of section 365-h of  the  social  services  law  is
 amended by adding a new paragraph (c) to read as follows:

 A. 1360                             3
 
   (C)  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 same date  and  in  the
 same  manner  as section 2 of part LL of chapter 56 of the laws of 2020,
 takes effect; and provided, further, 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.