S T A T E O F N E W Y O R K ________________________________________________________________________ 8202 2015-2016 Regular Sessions I N A S S E M B L Y June 11, 2015 ___________ Introduced by M. of A. BRINDISI -- read once and referred to the Commit- tee 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: 1 Section 1. Section 73-d of the transportation law, as amended by chap- 2 ter 562 of the laws of 1987, is amended to read as follows: 3 S 73-d. Interagency coordinating committee on rural public transporta- 4 tion. 1. There is hereby created a committee to be known as the "intera- 5 gency coordinating committee on rural public transportation", to be 6 comprised of nineteen members. The commissioner or his or her designee 7 shall serve as chairperson. Twelve of such members shall be the follow- 8 ing or his or her duly designated representative: the director of the 9 office for the aging; the commissioner of education; the commissioner of 10 labor; the commissioner of health; the commissioner of the office of 11 mental health; THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND 12 SUBSTANCE ABUSE; the commissioner of the office [of mental retardation 13 and] FOR PEOPLE WITH developmental disabilities; the commissioner of 14 [social services; state advocate for the disabled] THE OFFICE FOR TEMPO- 15 RARY AND DISABILITY ASSISTANCE; THE EXECUTIVE DIRECTOR OF THE NEW YORK 16 STATE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS; 17 THE secretary of state; THE commissioner of agriculture and markets[; 18 the director of the office of rural affairs] and the [director of the 19 division for youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY 20 SERVICES. Six additional members, all of whom shall be transportation 21 providers or consumers representing rural counties shall be appointed to 22 serve a term of three years as follows: two by the [president pro-tem- 23 pore] TEMPORARY PRESIDENT of the senate, two by the speaker of the 24 assembly, one by the minority leader of the senate, and one by the 25 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 A. 8202 2 1 broad representation of consumers and providers of transportation 2 services in rural counties when making such appointments. [Members of 3 the committee shall receive no salary.] THE SIX MEMBERS APPOINTED BY THE 4 LEGISLATURE, AS WELL AS THE COMMISSIONER OR HIS OR HER DESIGNEE, SHALL 5 BE THE VOTING MEMBERS. THE BALANCE OF THE COMMITTEE WILL SERVE IN AN 6 ADVISORY OR CONSULTING CAPACITY. THE COMMITTEE SHALL KEEP A RECORD OF 7 ITS OFFICIAL ACTIONS. 8 The commissioner shall cause the department to provide staff assist- 9 ance necessary for the efficient and effective operation of the commit- 10 tee. 11 2. The committee shall[:] MEET AT LEAST ONCE EVERY THREE MONTHS AND 12 SHALL REPORT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF 13 THE SENATE, AND THE GOVERNOR ANNUALLY, BEGINNING OCTOBER FIRST, TWO 14 THOUSAND FIFTEEN. THE ANNUAL REPORT SHALL: 15 A. IDENTIFY EXISTING RURAL TRANSPORTATION SYSTEMS AND PROVIDE DATA ON 16 RIDERSHIP, REVENUE, AND FINANCIAL CHALLENGES FOR EACH SYSTEM; 17 B. IDENTIFY RURAL POPULATIONS CURRENTLY UTILIZING PUBLIC TRANSPORTA- 18 TION, AS WELL AS POPULATIONS IN NEED OF PUBLIC TRANSPORTATION WITHOUT 19 ACCESS, AND DISCUSS RECOMMENDATIONS FOR MAINTAINING AND EXPANDING 20 SERVICES; 21 C. INCLUDE A BREAKDOWN BY COUNTY OF COST SAVINGS, MODES OF TRANSPORTA- 22 TION PROVIDED TO MEDICAID PATIENTS, AND RATES OF UTILIZATION OF PUBLIC 23 TRANSPORTATION BY MEDICAID PATIENTS; 24 D. identify programs and the annual amounts and sources of funds from 25 such programs that are eligible to be used to support a coordinated 26 public transportation service, and the annual amounts and sources of 27 such funds that are actually used for client transportation or for 28 transportation of persons in connection with agency-affiliated programs 29 or services; such data shall be provided on a county basis; 30 [b.] E. identify restrictions on existing programs that inhibit funds 31 from such programs being used to pay for a coordinated public transpor- 32 tation service in rural counties; 33 [c.] F. recommend changes in state or local laws or regulations that 34 would improve the coordination of funds, facilities, vehicles or equip- 35 ment and other resources used for transportation at the local level[; 36 d. upon request, compile and forward to the commissioner any data or 37 other information required by this section]. 38 3. THE COMMITTEE SHALL BE REQUIRED TO EXAMINE REIMBURSEMENT RATES 39 DEVELOPED BY TRANSPORTATION MANAGERS PURSUANT TO SUBDIVISION FOUR OF 40 SECTION THREE HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR COUN- 41 TIES WITH A POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE 42 SHALL SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR RURAL 43 COMMUNITIES TO THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUD- 44 ING, BUT NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP FARES FOR 45 PUBLIC TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANS- 46 PORTATION WITH OTHER HUMAN SERVICE AGENCIES, AND RATES FOR PRIVATE 47 TRANSPORTATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS. 48 THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE PRIOR TO 49 APPROVAL OF RATES PROPOSED UNDER SUBDIVISION FOUR OF SECTION THREE 50 HUNDRED SIXTY-FIVE-H OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A 51 POPULATION OF TWO HUNDRED THOUSAND OR LESS. ANY PROPOSAL FOR A RATE 52 ADJUSTMENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE 53 COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER. 54 4. A MAJORITY OF THE WHOLE NUMBER OF VOTING MEMBERS OF THE COMMITTEE 55 SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF THE COMMITTEE'S BUSI- 56 NESS. THE COMMITTEE SHALL HAVE THE POWER TO ACT BY A MAJORITY VOTE OF A. 8202 3 1 THE VOTING MEMBERS. COMMITTEE MEMBERS SHALL HOLD OFFICE UNTIL THEIR 2 SUCCESSORS HAVE BEEN APPOINTED AND HAVE QUALIFIED. THE SELECTION OF 3 SUCCESSORS TO FILL A VACANCY SHALL BE MADE IN THE SAME MANNER IN WHICH 4 THE RETIRING COMMITTEE MEMBERS SHALL HAVE BEEN SELECTED. MEMBERS OF THE 5 COMMITTEE SHALL RECEIVE NO SALARY OR OTHER COMPENSATION, BUT SHALL BE 6 ENTITLED TO THEIR ACTUAL AND NECESSARY EXPENSES, INCLUDING TRAVELING 7 EXPENSES INCURRED IN THE DISCHARGE OF THEIR DUTIES. 8 S 2. This act shall take effect immediately.