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A08872 Summary:

BILL NOA08872
 
SAME ASNo Same As
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Add §14-o, Transp L
 
Directs the department of transportation to conduct a study of the availability of wheelchair accessible vehicles, by county, in New York state outside of the city of New York; defines accessibility; requires a report to identify any existing local guidelines for accessible vehicles; directs development of benchmarks for increasing wheelchair accessible vehicles.
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A08872 Actions:

BILL NOA08872
 
06/09/2025referred to transportation
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A08872 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8872
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the transportation law, in relation to a study of the availability of wheelchair accessible vehicles in New York state outside of the city of New York   PURPOSE:: To direct the Department of Transportation to conduct a comprehensive study on the availability and access to wheelchair accessible vehicles available as taxicabs in all Counties across New York State outside of New York City. Following the completion of the study, the Department of Transportation shall develop guidelines for Counties to implement to increase the number of wheelchair accessible vehicles, including the use of tax incentives or grant funding. All Counties subject to this law would then have to work with or create local Disability Task Forces or Advisory Council in order to implement a wheelchair accessible vehicle plan that meets the Department of Transportation's benchmarks.   SUMMARY:: Section 1 provides the Legislative Intent. Section 2 adds a new section 14-0 to the Transportation Law. The follow- ing subsections comprise Section 2: Subsection 1 defines and sets guidelines for what would be considered a wheelchair accessible vehicle and also defines taxicab and county as they relate to this law. Subsection 2 establishes the Wheelchair Accessible Vehicle Study that the Department of Transportation would have to complete and sets guide- lines on what information would be included in the study. Subsection 3 establishes the Wheelchair Accessible Vehicle Study Map, which would include all information compiled in Subsection 2 and exist- ing County policies, programs, or laws which set guidelines regarding wheelchair accessible vehicles. The information made in the study map shall be made available to the public on the Department of Transporta- tion's website. Subsection 4 directs the Department of Transportation to develop an assessment of each County's data to determine if there is an insuffi- cient number of wheelchair accessible vehicles by use of a benchmark developed through analysis of U.S. Census Bureau data on the prevalence of ambulatory disabilities. Such assessment shall also suggest grant programs or tax incentives to encourage the adoption of wheelchair accessible vehicles in any given jurisdiction. Subsection 5 directs the Department of Transportation to review each County's policies to determine if they are sufficient based on the benchmark established in subsection 4. If a County has an insufficient plan or does not have one, then they would be required to submit a plan to the Department. Subsection 6 outlines the timeline for the Wheelchair Vehicle Study Map, the Department of Transportation's benchmarks, and for each County's Wheelchair Accessible Vehicle Study to be completed. Section 3 provides the effective date of the legislation.   JUSTIFICATION: Outside of New York City, which is subject to a Federal Court Order in Taxis For All Campaign v. Taxi and Limousine Commission requiring the City to ensure 50% of their taxis are wheelchair accessible vehicles, there are no uniform Statewide regulations either defining a wheelchair accessible vehicle, or an outline of substantive information on the number of wheelchair accessible vehicles which are available across the State and what would be necessary to provide equal transportation access to persons who make use of a wheelchair or mobility aid. For example, a person who uses a wheelchair could get a taxi from JFK Airport to go home in Nassau County, but then while in Nassau County, such an individ- ual is unable to access a wheelchair accessible vehicle. This bill seeks to open a discussion on the provision of wheelchair accessible vehicles in Counties across New York State by having the department of Transportation conduct a study on wheelchair accessibility vehicles and their availability across New York State besides New York City, the basis for the exemption is that New York City is subject to a Federal court order "Taxis For All Campaign v. Taxi and Limousine Commission". The bill will particularly examine if taxicab companies possess any wheelchair accessible vehicles, the number of such vehicles, and any existing County policies which may support the promulgation of these vehicles. Such study would be made available to all stakeholders and the public through a public facing dashboard available on the Department of Trans- portation's website and upon completion of the initial study, the Department of Transportation shall create a series of benchmarks for Counties to follow to improve access to wheelchair accessible vehicles. Counties would be required to submit their policies to the Department, who would then review them and determine if they match the new wheel- chair accessible vehicle benchmarks based on the findings of the study. Counties which do not have a plan, or have a plan determined to be insufficient by the Department would have to create a new plan with the goal of improving access to wheelchair accessible vehicles across their jurisdiction. Through this law, the State would have the knowledge and data to better provide services to individuals who use a wheelchair or mobility aid, and could create dedicated programs and policies which could be imple- mented in Counties across the State as to improve transportation access for the disabled community   RACIAL JUSTICE IMPACT: TBD.   GENDER JUSTICE IMPACT: TBD.   LEGISLATIVE HISTORY:: New bill.   FISCAL IMPLICATIONS:: TBD.   EFFECTIVE DATE:: This act shall take effect on the ninetieth day after it shall have become a law.
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A08872 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8872
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 9, 2025
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Transportation
 
        AN ACT to amend the transportation law, in relation to a  study  of  the
          availability  of  wheelchair  accessible  vehicles  in  New York state
          outside of the city of New York

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative intent. This Legislature finds that no uniform
     2  regulations exist across New York state outside of New York  city  which
     3  defines a wheelchair accessible vehicle and, despite the need for mobil-
     4  ity  services  for  the  disabled population, substantive information on
     5  wheelchair accessible vehicle standards and the number of such  vehicles
     6  available does not exist in each county across New York state outside of
     7  New York City.
     8    As  such,  this  Legislature  finds  that  defining what constitutes a
     9  wheelchair accessible vehicle, conducting  a  study  on  the  number  of
    10  wheelchair  accessible  vehicles, creating benchmarks and grant supports
    11  for the different counties across New York state  other  than  New  York
    12  City,  would  allow  for  local authorities to make informed policies to
    13  increase mobility transportation options for individuals who make use of
    14  a wheelchair.
    15    § 2. The transportation law is amended by adding a new section 14-o to
    16  read as follows:
    17    § 14-o. Wheelchair accessible vehicles. 1. For the  purposes  of  this
    18  section:
    19    (a)  "Taxicab" shall mean any motor vehicle, other than a bus, used in
    20  the business of transporting passengers for compensation,  and  operated
    21  in  such business under a license or permit issued by a local authority.
    22  Such term shall not include vehicles which are rented or leased  without
    23  a driver.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11778-01-5

        A. 8872                             2
 
     1    (b)  "County" shall mean a county in the state of New York, outside of
     2  the city of New York.
     3    (c)  "Wheelchair accessible vehicle" shall mean a vehicle, including a
     4  taxicab, that has been inspected and approved by the municipal or  local
     5  authorizing body as possessing all of the following requirements:
     6    (i) Mobility and accessibility
     7    (A) The lift/ramp width shall be thirty inches minimum.
     8    (B)  The  design  load  of the lift/ramp shall be at least six hundred
     9  pounds.
    10    (C) Controls for the lift/ramp shall be interlocked with  the  vehicle
    11  to  ensure  that  the  vehicle cannot be moved while the lift/ramp is in
    12  operation.
    13    (D) Controls for the lift/ramp shall be of the momentary contact  type
    14  requiring continuous manual pressure to operate.
    15    (E) The lift/ramp shall be equipped with an emergency deployment meth-
    16  od in the event of power or mechanical failure.
    17    (F)  The  installation  of  a  lift/ramp  shall  include provisions to
    18  prevent the lift/ramp from falling or folding  any  faster  than  twelve
    19  inches/second  in  the  event of any failure of the load-carrying compo-
    20  nent.
    21    (G) The lift/ramp platform shall be equipped  with  handrails  on  two
    22  sides,  a minimum of eight inches long and thirty inches above the plat-
    23  form and move in tandem with the lift/ramp.
    24    (H) The lift/ramp platform shall have barriers at least two inches  or
    25  higher to prevent mobility aid wheels from slipping off.
    26    (I)  Lift/platform surfaces shall be continuous and slip resistant and
    27  accommodate four-wheel and three-wheel mobility aids.
    28    (J) The transition from roadway or sidewalk and  the  transition  from
    29  vehicle  floor  to the ramp may be vertical without edge treatment up to
    30  one-quarter inch.
    31    (K) Ramps shall have the least slope practical and may  not  exceed  a
    32  one to four ratio when deployed to ground level.
    33    (L)  The  lift/ramp attachment shall be firmly attached to the vehicle
    34  so that it is not subject to displacement when loading  or  unloading  a
    35  heavy  mobility  aid  and  the  gap between the vehicle and ramp may not
    36  exceed five-eighths of an inch.
    37    (M) The lift/ramp shall be usable in all weather conditions.
    38    (ii) Doors, steps and thresholds
    39    (A) For vehicles twenty-two feet  in  length  or  less,  the  overhead
    40  clearance  between the top of the door opening. The raised lift platform
    41  or highest point of the ramp shall be a minimum of fifty-nine inches.
    42    (B) Vehicle doorways in which a lift/ramp is installed  shall  have  a
    43  light above or beside each passenger access door to illuminate the load-
    44  ing  equipment. Such light shall be constantly lit during the loading or
    45  unloading of passengers. The light shall be shielded to protect the eyes
    46  of entering and exiting passengers.
    47    (iii) Interior compartment
    48    (A) Floor areas where people walk and securement locations shall  have
    49  slip-resistant surfaces.
    50    (B)  A minimum clear floor area of thirty inches by forty-eight inches
    51  shall be provided for each wheelchair position.
    52    (C) Regarding  seating  configuration,  vehicles  twenty-two  feet  in
    53  length or less shall provide forward/rear seating only.
    54    (D)  Ramp  stowage  shall be accomplished in a manner as not to pose a
    55  hazard to passengers or impinge on a passenger's mobility aid.

        A. 8872                             3

     1    (E) Interior handrails and stanchions shall permit sufficient  turning
     2  and  maneuvering  space for mobility aids including wheelchairs to reach
     3  securement location from lift/ramp.
     4    (F)  Handrails and stanchions shall be provided in the entrance to the
     5  vehicle in a configuration which allows people to grasp the assists from
     6  outside the vehicle while starting to board, and to continue  using  the
     7  assists throughout the boarding process.
     8    (iv) Secure systems
     9    (A)  A  vehicle  shall  possess a wheelchair securement system that is
    10  able to securely anchor the wheelchair into  the  vehicle,  or  able  to
    11  encompass  both  the  occupant  and  the  wheelchair  to ensure they are
    12  securely anchored into the vehicle.
    13    (B) For each mobility aid securement device, a passenger seat belt and
    14  shoulder harness shall be provided for use by mobility aid  users.  Such
    15  seat  belts  shall be in addition to a device which secures the mobility
    16  aid itself.
    17    (C) Securement systems shall be stowed in a way so as not  to  pose  a
    18  hazard to passengers when not in use.
    19    2. The commissioner shall conduct a study relating to the availability
    20  of  wheelchair  accessible  vehicles  in every county. Each county shall
    21  provide the department with relevant data which will allow  the  depart-
    22  ment to complete this study. The scope of such study shall include:
    23    (a)  A  compilation  of data from each county on the number of taxicab
    24  operators within their jurisdiction.
    25    (b) The size of the fleet of each taxicab company or operator.
    26    (c) The number of wheelchair accessible  vehicles  that  comprise  the
    27  fleet of each taxicab company or operator.
    28    (d) The catchment areas of each taxicab company or operator.
    29    (e)  Any  existing county policies or laws which set guidelines on the
    30  number of wheelchair accessible vehicles available  in  each  county  or
    31  policies  regarding  the  licensing of wheelchair accessible vehicles by
    32  any taxicab company.
    33    3. All information compiled by the wheelchair accessible vehicle study
    34  under subdivision two of this section shall be assembled and  integrated
    35  into  a  statewide  mapping  platform  in order to identify areas of the
    36  state which may have an accessibility desert and/or insufficient  number
    37  of wheelchair accessible vehicles. Such map shall include:
    38    (a) An overlay of the different existing county policies or laws which
    39  set guidelines on the number of wheelchair accessible vehicles.
    40    (b)  An overlay of existing programs which provide wheelchair accessi-
    41  ble transportation services in each county.
    42    (c) All other information as outlined under the wheelchair  accessible
    43  vehicle study in subdivision two of this section.
    44    (d)  All  information  included  in  the study shall be made available
    45  digitally and be accessible to the public on the department's website.
    46    4. Upon completion of the wheelchair accessible vehicle study pursuant
    47  to subdivision two of this section, the department, in conjunction  with
    48  the office for people with developmental disabilities and the department
    49  of  health, shall complete an assessment of each county's data to deter-
    50  mine if there is an accessibility desert due to an  insufficient  number
    51  of  wheelchair  accessible  vehicles,  and  create  benchmarks developed
    52  through analysis of U.S. Census Bureau's American Community Survey  data
    53  on  the  prevalence  of  ambulatory  disabilities. This assessment shall
    54  suggest grant programs or tax  incentives  to  increase  the  number  of
    55  wheelchair accessible vehicles.

        A. 8872                             4

     1    5.  The department shall complete an assessment of all existing wheel-
     2  chair accessible vehicle policies or plans and determine if  such  plans
     3  are  insufficient.  Upon determination that a county has an insufficient
     4  plan or is absent of a plan to meet the needs of its  constituency,  the
     5  department  shall  require  such  county to submit a plan that meets the
     6  department's benchmarks in order to increase wheelchair accessible vehi-
     7  cle transportation.
     8    6. Within one hundred eighty days of the publication of the wheelchair
     9  accessible vehicle study map as set forth in subdivision three  of  this
    10  section,  the  commissioner  shall deliver a copy of the findings of the
    11  study and the benchmarks established pursuant  to  subdivision  four  of
    12  this  section  to all stakeholders and post such findings on the depart-
    13  ment's website. Notification shall be provided to each county subject to
    14  this section. Within one hundred eighty days of the publication  of  the
    15  wheelchair  accessible  vehicle  study map, each county shall create and
    16  submit a plan to the department pursuant to  subdivision  five  of  this
    17  section.
    18    §  3.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law.
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