S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6116--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 40-h to read as follows:
   §  40-H.  RIGHT  OF  EQUAL  ACCESS;  FIVE-YEAR ACCESSIBILITY PLAN. ALL
 PERSONS WITHIN THE JURISDICTION OF THIS STATE SHALL BE ENTITLED  TO  THE
 FULL  AND  EQUAL  ACCESS TO THE PHYSICAL FACILITIES, SERVICES, PROGRAMS,
 AND ACTIVITIES OF ANY STATE AGENCY OR DEPARTMENT, SUBJECT  ONLY  TO  THE
 CONDITIONS  AND  LIMITATIONS  ESTABLISHED BY LAW AND APPLICABLE ALIKE TO
 ALL PERSONS.
   1. AS USED IN THIS SECTION:
   (A)  "FIVE-YEAR  ACCESSIBILITY  PLAN"  MEANS  AN  ACCESSIBILITY   PLAN
 REQUIRED  BY SUBDIVISION TWO OF THIS SECTION, UTILIZING A TEMPLATE TO BE
 CREATED BY THE CHIEF DISABILITY OFFICER; AND
   (B) "OFFICER" MEANS THE CHIEF DISABILITY OFFICER DESCRIBED IN  SECTION
 FOUR-B OF THE EXECUTIVE LAW.
   2. REQUIREMENTS OF FIVE-YEAR ACCESSIBILITY PLAN. EACH STATE AGENCY, IN
 CONSULTATION  WITH  THE OFFICER, SHALL DEVELOP AND IMPLEMENT A FIVE-YEAR
 ACCESSIBILITY PLAN  ENSURING  THAT  THE  AGENCY'S  PHYSICAL  FACILITIES,
 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
              

 
 AND INCLUSIVE OF PERSONS WITH DISABILITIES. SUCH PLAN SHALL INCLUDE,  AT
 A MINIMUM:
   (A)  THE  STEPS THE AGENCY IS CURRENTLY TAKING AND WILL BE TAKING OVER
 THE NEXT FIVE YEARS TO ENSURE THAT THE  AGENCY'S  FACILITIES,  SERVICES,
 PROGRAMS,  AND ACTIVITIES ARE ACCESSIBLE TO AND ACCOMMODATING AND INCLU-
 SIVE OF PERSONS WITH DISABILITIES; AND
   (B) INFORMATION REGARDING ONGOING PROJECTS AND PROJECTS  PLANNED  OVER
 THE NEXT FIVE YEARS THAT ARE RELATED TO IMPROVING PHYSICAL, DIGITAL, AND
 PROGRAMMATIC ACCESS, AND EFFECTIVE COMMUNICATIONS FOR PERSONS WITH DISA-
 BILITIES,  INCLUDING,  BUT NOT LIMITED TO: ANY ALTERATIONS OR STRUCTURAL
 CHANGES TO FACILITIES OR PREMISES THAT ARE OWNED  AND  OPERATED  BY  THE
 AGENCY  OR CONTRACTED FOR USE BY THE AGENCY OR OTHERWISE UNDER THE AGEN-
 CY'S JURISDICTION; ANY PLANNED UPGRADES OR INVESTMENTS IN TECHNOLOGY  OR
 TOOLS  THAT  WILL  IMPROVE  ACCESSIBILITY WITHIN THE AGENCY OR ACCESS TO
 SUCH AGENCY'S SERVICES AND PROGRAMS; AND ANY OTHER STEPS THE  AGENCY  IS
 TAKING  OR PLANS TO TAKE TO MAKE ITS PROGRAMS AND SERVICES MORE ACCESSI-
 BLE TO AND INCLUSIVE OF PERSONS WITH DISABILITIES. BUDGETARY INFORMATION
 AND TIMELINES RELATING TO SUCH PROJECTS SHALL BE INCLUDED WHERE  PRACTI-
 CABLE.
   3.  (A) NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE,
 EACH AGENCY SHALL POST A PROPOSED FIVE-YEAR ACCESSIBILITY  PLAN  ON  ITS
 WEBSITE  AND  CIRCULATE SUCH PROPOSED PLAN FOR PUBLIC COMMENT. IN CIRCU-
 LATING THE PROPOSED PLAN FOR PUBLIC COMMENT, EACH AGENCY,  IN  CONSULTA-
 TION  WITH  THE OFFICER, SHALL ENSURE THAT STAKEHOLDERS, COMMUNITY-BASED
 ORGANIZATIONS, PROVIDERS, AND ALL OTHER APPROPRIATE INDIVIDUALS OR ENTI-
 TIES HAVE AN ADEQUATE OPPORTUNITY TO PROVIDE INPUT ON THE CONTENT OF THE
 PLAN.
   (B) NO LATER THAN MARCH FIFTEENTH, TWO THOUSAND TWENTY-SIX, EACH AGEN-
 CY SHALL POST ITS  FIVE-YEAR  ACCESSIBILITY  PLAN  ON  ITS  WEBSITE  AND
 PROVIDE A COPY OF SUCH PLAN TO THE OFFICER.
   (C)  NO LATER THAN MARCH THIRTIETH, TWO THOUSAND TWENTY-SIX, THE OFFI-
 CER SHALL POST ONLINE AND SUBMIT ALL  RECEIVED  FIVE-YEAR  ACCESSIBILITY
 PLANS  TO  THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY.
   4. (A) NO LATER THAN MARCH FIFTEENTH, TWO THOUSAND  TWENTY-FIVE,  EACH
 AGENCY SHALL POST ON ITS WEBSITE A STATEMENT REGARDING WEB ACCESSIBILITY
 AND A MECHANISM FOR RECEIVING COMPLAINTS ABOUT WEB ACCESSIBILITY.
   (B)  NO  LATER  THAN  MAY FIRST, TWO THOUSAND TWENTY-FIVE, EACH AGENCY
 SHALL SUBMIT TO THE OFFICER THE NAME OF THE OFFICE  WITHIN  EACH  AGENCY
 THAT  SHALL  BE  RESPONSIBLE  FOR  ENSURING  THAT THE AGENCY'S FIVE-YEAR
 ACCESSIBILITY PLAN IS COMPLETED BY THE DEADLINE, AND  SUCH  OFFICE  NAME
 SHALL ALSO APPEAR ON EACH AGENCY'S RESPECTIVE WEBSITE.
   5.  OUTREACH  TO THE METROPOLITAN TRANSPORTATION AUTHORITY. THE OFFICE
 SHALL INVITE THE METROPOLITAN TRANSPORTATION AUTHORITY  TO  DEVELOP  AND
 SUBMIT A FIVE-YEAR ACCESSIBILITY PLAN.
   6.  AGENCY NON-COMPLETION OF FIVE-YEAR ACCESSIBILITY PLANS. (A) IF ANY
 AGENCY OR ENTITY, INCLUDING, BUT NOT LIMITED TO THE METROPOLITAN  TRANS-
 PORTATION AUTHORITY DOES NOT DEVELOP A FIVE-YEAR ACCESSIBILITY PLAN, THE
 OFFICER  SHALL CONDUCT OUTREACH WITH SUCH AGENCY OR ENTITY TO SHARE BEST
 PRACTICES AND RECOMMENDATIONS REGARDING ACCESSIBILITY WITH  SUCH  AGENCY
 OR ENTITY.
   (B) NO LATER THAN NINETY DAYS AFTER THE OUTREACH REQUIRED BY PARAGRAPH
 (A) OF THIS SUBDIVISION, IF AN AGENCY OR ENTITY DOES NOT DEVELOP A FIVE-
 YEAR ACCESSIBILITY PLAN, THE OFFICER SHALL POST ON THE OFFICER'S WEBSITE
 A  STATEMENT  THAT SUCH AGENCY OR ENTITY DID NOT DEVELOP SUCH PLAN AND A
 SUMMARY OF THE BEST  PRACTICES  AND  RECOMMENDATIONS  THAT  THE  OFFICER
 A. 6116--A                          3
 
 SHARED  WITH  SUCH  AGENCY  OR  ENTITY PURSUANT TO PARAGRAPH (A) OF THIS
 SUBDIVISION.
   7. ANNUAL REPORTING. BEGINNING MAY FIRST, TWO THOUSAND TWENTY-SIX, AND
 ANNUALLY  THEREAFTER,  EACH AGENCY SHALL POST ON ITS WEBSITE A REPORT OF
 THE PROGRESS SUCH AGENCY HAS MADE IN THE PREVIOUS  FISCAL  YEAR  TOWARDS
 ACHIEVING  THE  GOALS OF THE AGENCY'S FIVE-YEAR ACCESSIBILITY PLAN. SUCH
 REPORTS SHALL ALSO BE SUBMITTED TO THE OFFICER, WHO  SHALL  SUBMIT  SUCH
 REPORTS  TO  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND  TWEN-
 TY-SIX AND ANNUALLY THEREAFTER.
   8.  TRIENNIAL  REPORTING.  BEGINNING  MAY  FIRST, TWO THOUSAND TWENTY-
 EIGHT, AND TRIENNIALLY THEREAFTER, EACH AGENCY SHALL POST ON ITS WEBSITE
 AN UPDATED FIVE-YEAR ACCESSIBILITY PLAN. SUCH UPDATED PLANS  SHALL  ALSO
 BE SUBMITTED TO THE OFFICER, WHO SHALL SUBMIT SUCH UPDATES TO THE GOVER-
 NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
 BLY ON OR BEFORE MAY FIFTEENTH, TWO THOUSAND TWENTY-EIGHT AND TRIENNIAL-
 LY THEREAFTER.
   § 2. This act shall take effect immediately.