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.