New York Laws
Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation
15-B - New York City Accessible Transportation System; New York City Transportation Disabled Committee.

(1) Service areas and routes. In determining such areas and routes,
the committee shall consider:
(a) Residential concentrations of transportation disabled persons and
their employment, medical, educational and recreational needs;
(b) Areas or groups in the city of New York that will not be served by
accessible rapid transit or accessible buses;
(c) Any studies, master plans, surveys, data and other materials
completed by or under development by any state agency or authority or
the city of New York;
(d) Existing transportation services operating in the city of New York
that are available to transportation disabled persons; and
(e) Other criteria relevant to the effective provision of paratransit
transportation.
(2) Hours of service. In determining such hours, the committee shall
consider the employment, medical, educational and recreational needs of
transportation disabled persons.
(3) Identification. Identification of criteria for eligibility for,
and ridership and cost levels associated with paratransit transportation
as provided under the implementation plan.
(4) Financing sources. Such sources shall include:
(a) Fares, and other charges for paratransit transportation. In
determining such fares and other charges the committee shall consider
the nature of such services, the cost and expense of maintaining
paratransit facilities in good condition and repair and the capital and
operating expenses of the contractor. Fares for paratransit
transportation shall be set at levels based on the criteria set forth in
this section;
(b) Any payments receivable or available under title XVIII or XIX of
the federal social security act and any other sources of federal
funding, including third-party payments;
(c) Appropriate sources of local funding; and
(d) Any gift, grant, bequest, or devise.
(5) A method to acquire by purchase, gift, grant, transfer, contract
or lease, any vehicles, equipment or facilities necessary for the
provision of paratransit transportation. In determining such method the
committee shall develop a plan under which every effort is made to
acquire such vehicles, equipment, or facilities that are produced and/or
provided by services performed in the state of New York.
(6) Elements necessary. Any other element deemed by the committee to
be necessary or desirable to the provision of paratransit
transportation.
b. An agency of the city of New York designated by the mayor of the
city of New York, provided that such agency shall not be the authority
or its subsidiaries, shall provide paratransit transportation in
consultation with the committee and in accordance with the paratransit
transportation implementation plan developed pursuant to this
subdivision, within ninety days of receipt of the plan by the mayor.
Such services shall be provided under purchase of service agreements
with any responsible person, firm, partnership, association,
corporation, governmental agency or authority based on a competitive
bidding process. No such service agreement shall be entered into without
the approval of the committee. The agency shall not enter into any
service agreement that is in excess of financing sources that are
reasonably available as identified in paragraph four of this subdivision
and the amounts provided pursuant to sections W46-2.0 and II 46-4.0 of
the administrative code of the city of New York. In determining whether
a proposed contractor is responsible, the designated city agency shall
consider but not be limited to the following factors: (1) demonstration
of an ability to provide the requested services, (2) compliance with or
ability to meet acceptable safety standards, (3) demonstration of sound
financial position and acceptable financial reporting, and (4)
compliance with applicable local laws and regulations including those
related to disadvantaged business enterprises. The agency may use no
more than three percent of the funds available for paratransit
transportation to cover the cost of program administration.
6. Report. On or before December thirty-first, nineteen hundred
eighty-six, and annually thereafter, the committee shall report to the
governor, the temporary president of the senate, the minority leader of
the senate, the speaker of the assembly, the minority leader of the
assembly, the mayor of the city of New York, the city council of the

city of New York, and the metropolitan transportation authority. Each
such report shall:
a. Describe the progress that has been made during the reporting
period on implementation of the requirements of this section, including
costs and usage estimates attributable thereto, in relation to achieving
an integrated accessible transportation system in the city of New York,
including the provision of paratransit transportation throughout each
county wholly contained within the city of New York;
b. Assess the need for changes in the system based on technological
advances and other changing conditions and make recommendations for
coordination of the system with other public transportation and
specialized transportation services in the region; and
c. Include such other elements as may be deemed necessary to evaluate
the effectiveness of the system.
7. Inconsistent provisions. Insofar as the provisions of this section
are inconsistent with the provisions of any other law, general, special
or local, the provisions of this section shall be controlling. However,
the provisions of this section shall be implemented in such manner to
ensure compliance with federal legislative and administrative funding
eligibility requirements regarding the transportation disabled.
8. Severability. If any provision of this section or the application
thereof to any person or circumstances shall be adjudged invalid by a
court of competent jurisdiction, such order or judgment shall be
confined in its operation to the controversy in which it was rendered,
and shall not affect or invalidate the remainder of any provision of
this section or the application of any part thereof to any other person
or circumstance and to this end the provisions of each subdivision of
this section are hereby declared to be severable.