What's happening
This bill requires all new transit projects in New York subways to install or repair elevators for ADA accessibility, unless proven unfeasible.
Why it matters
Mandates meaningful accessibility upgrades. By requiring new elevators or repairs as part of all new subway station projects, this bill ensures that accessibility for wheelchair users and others with mobility impairments is not an afterthought, but a baseline requirement.
Limits exceptions and increases accountability. The bill only allows stations to forgo elevators or elevator repairs if a written, public explanation proves installation or repair is truly unfeasible—not just inconvenient or expensive—raising the bar for what counts as an acceptable excuse.
Links funding approval to ADA compliance. Projects that cannot feasibly provide ADA-compliant elevator access due to cost or funding shortfalls will be denied approval, pushing transit agencies to prioritize accessibility in their budgets and project plans.
Ensures ongoing compliance and transparency. If a project is initially disapproved because it fails to meet accessibility standards, it can only move forward if it’s revised to achieve ADA compliance, creating a feedback loop that keeps accessibility central in transit development decisions.
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Who cares
Subway riders who use wheelchairs
Projects at stations without an available elevator would have to include one providing wheelchair access to where passengers board and exit trains, subject to feasibility provisions.
Metropolitan Transportation Authority and New York City Transit Authority
Station projects would have to include elevator installation or needed repairs, with written explanations to the capital board when that work is deemed infeasible and leaves the station out of ADA compliance.
Metropolitan Transportation Authority capital board
The board would have to reject projects when required elevator work is deemed infeasible because of cost or funding, and could approve resubmitted projects only if they would bring the station into ADA compliance.
Headline styles
Require Subway Elevators
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4491
2019-2020 Regular Sessions
IN SENATE
March 13, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to requiring transit projects to include installation of elevators in stations where none currently exists
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1266-c of the public authorities law is amended by adding a new subdivision 4-a to read as follows:
4-a. (a) All transit projects involving a subway passenger station that does not have an available elevator shall include the installation of an elevator that will provide individuals in wheelchairs accessibility to an area of the station where passengers enter and exit a subway servicing such passenger station; provided, however, that if it is determined that the installation of an elevator is not feasible, leaving such passenger station out of compliance with the Americans with disabilities act, either the metropolitan transportation authority or the New York city transit authority shall, in the request for project approval, provide a written statement to the metropolitan transportation authority capital board explaining why the installation of such elevator is not feasible. If the installation of such elevator is not feasible due to cost or funding issues, the metropolitan transportation authority capital board shall not approve such project.
(b) All transit projects involving a subway passenger station that has an available elevator shall examine such elevator to determine whether it is in need of repair. If such elevator is found to be in need of repair, such project shall include the repair or rehabilitation of such elevator; provided, however, that if it is determined that the repair or rehabilitation of such elevator is not feasible, leaving such passenger station out of compliance with the Americans with disabilities act, either the metropolitan transportation authority or the New York city
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10633-01-9
S. 4491 2
transit authority shall, in the request for project approval, provide a written statement to the metropolitan transportation authority capital board explaining why the repair or rehabilitation of such elevator is not feasible. If the repair or rehabilitation of such elevator is not feasible due to cost or funding issues, the metropolitan transportation authority capital board shall not approve such project.
(c) Any transit project that is disapproved pursuant to paragraph (a) or (b) of this subdivision may be resubmitted for approval; provided that approval shall be granted only if such resubmitted transit project would bring the subway passenger station into compliance with the Americans with disabilities act.
§ 2. This act shall take effect immediately and shall apply to all transit projects that have not been reviewed by metropolitan transportation authority capital board prior to such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to requiring transit projects to include installation of eleva- tors in stations where none currently exists
Purpose of bill
To ensure that our rehabilitated subway stations are accessible to people with wheelchairs.
Summary of provisions
OF BILL:
Section 1 of the bill adds a new section 1266-c to the Public Authori- ties Law. This new section will require the Metropolitan Transportation Authority ("MTA") and the New York City Transit Authority ("NYCTA") to either install a new elevator in a station that lacks an elevator or to rehabilitate the station's elevator to ensure that it is working proper- ly. If the MTA or NYCTA has determined that installation of an elevator or rehabilitation of an elevator is not feasible, for reasons other than cost or funding, the application for project approval that is made to the Metropolitan Transportation Authority Capital Board must include a written statement why installation of an elevator or rehabilitation of an existing elevator is not feasible.
Section 2 of the bill provides that the act shall take effect immediate- ly and shall apply to all transit projects that have not been reviewed by metropolitan transportation authority capital board prior to such effective date.
Current law
Currently, the Americans with Disabilities Act ("ADA") requires public entities that are rehabilitating a public transit station in such a manner that could affect the usability of the public transit station or makes alterations to an area of such station that contains a primary function, the public transit station must comply with the ADA.
Justification
Despite the ADA's mandate, the MTA and NYCTA are not installing eleva- tors when rehabilitating a public transit station citing cost as the reason why the elevators are not being installed. In fact, when Federal Transit Administration rejected the funding application for rehabilitat- ing the Middletown Road station due to non-compliance with the ADA, the MTA and NYCTA did not add an elevator to their plan so that the Middle Road station would have been in compliance with the ADA. Instead, the MTA and NYCTA decided to forego the Federal funding and pay for the entire project.
This position is unacceptable. All of our citizens should be able to use the City's subway system without having to map out their trip to make sure that entry, transfer, and exit stations are wheelchair accessible. This bill will give these New Yorkers the accessibility to the subway system that every New Yorker deserves.
Legislative history
New bill
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately and shall apply to all transit projects that have not been reviewed by metropolitan transportation authority capital board prior to such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.