Requires the city of New York or county within the district to make maintenance of escalators, elevators and other facilities in passenger stations a priority

BILL NUMBER:S3040

Title of bill

An act to amend the public authorities law, in relation to ensuring public accessibility in certain mass transit and rapid transit stations

Purpose or general idea of bill

Requires the Metropolitan Transportation Authority to provide for the daily inspection of escalators, elevators, wheel-chair lifts, and other facilities in passenger stations and to make their maintenance a priority.

Summary of specific provisions

This bill requires the Metropolitan Transportation Authority to provide for the daily inspection of escalators, elevators, wheelchair lifts, and other facilities in its passenger stations.

The bill requires that if an escalator, elevator, wheelchair lift, or other facility is found to be inoperable that the authority shall initiate repair and file a written report to the authority's Inspector General and Management Advisory Board.

The bill requires that if an escalator, elevator, wheelchair lift, or other facility is found to be inoperable for two or more consecutive days the Inspector General issue an emergency repair order and monitor the repair progress.

The bill requires that throughout the period in which an escalator, elevator, wheelchair lift, or other facility is found to be inoperable that written reports are filed with the authority's Inspector General and Management Advisory Board.

The bill defines "inoperable" as when an escalator, elevator, wheelchair lift, or other facility cannot accommodate a person with a disability in the way in which it was designed to.

The bill requires the Management Advisory Board to assist the MTA Inspector General in identifying ways to improve accessibility for persons with disabilities, maintenance of passenger stations, and wheelchair lifts on city buses.

Justification

When an escalator, elevator, or wheelchair lift is inoperable it means that a person with a disability may be stranded in their home. If a wheelchair user finds that they cannot exit due to an inoperable eleva- for they have limited options: exit at a different station likely very far away from their intended destination, reverse their trip if an elevator is not necessary to reach the other side of the tracks, or have their person and their wheelchair carried out of the passenger station by the police. This is a situation that occurs too often and is humiliating and dangerous for the wheelchair user and an unacceptable outcome that we could do more to avoid. In an emergency, inoperable accessibility features have the potential to be a threat to human life.

According to a 2006 report, The State of Repairs, by Manhattan Borough President Scott, M. Stringer, 74% of all elevators in ADA-compliant stations did not receive their mandated annual inspection each year between 2002 and 2005. 58% of escalators in Manhattan did not receive a mandated inspection in that same period. The Borough President's report also found that the trend is towards elevator outages increasing in length.. In 2005, the average elevator in an ADA-compliant station was out for 11 days. These findings are not new, but rather part of a longterm trend. A 2000 report, Stuck, prepared by NYC Public Advocate Mark Green analyzed 110,000 records between 1994 and 2000 and found that elevators and escalators in passenger stations were being poorly maintained.

Prior legislative history

2008: S.7348 (Duane), Died in Transportation; A.10420, Died in Corporations 2009: S.1387 (Duane), Died in Transportation; A.3952, Died in Corporations 2010: S.1387 (Duane), Died in Finance; A.3952 (Kellner) Died in Corporations

Fiscal implications

To be determined.

Effective date

30 days after it becomes law.