By Mr. Vallee of Franklin, petition (accompanied by bill, House, No. 3670) of James E. Vallee relative to disabled persons rights of passage on certain transportation facilities.  Transportation

 

The Commonwealth of Massachusetts

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PETITION OF:

 


James E. Vallee

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to disabled persons rights of passage.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1. Notwithstanding any general or special law to the contrary, the Executive Office of Transportation shall investigate, study, and recommend protocol to be followed uniformly by each Regional Transit Authority to effectuate the following proposed changes in the general laws.

CHAPTER 161B. TRANSPORTATION FACILITIES, HIGHWAY SYSTEMS AND URBAN DEVELOPMENT PLANS shall be amended by adding to the end of section 8(a):

Furthermore, it shall be established as a matter of public policy and law that  funds appropriated by Massachusetts State Legislature  to the Massachusetts Regional Transit Authorities, pursuant to MGL Chapter 161B Section 2,  shall carry therewith the requirement that each RTA must collect, maintain, report on, and plan services in accordance with information and data gathered about mobility-impaired disabled individuals between the ages of 19 and 59,  who are  not otherwise served by a council on aging or other youth related transportation services, in the communities served by each RTA.  MGL Chapter 161B section 6(1) shall be amended after the words “mass transportation” the following; “and mass paratransit services”     

MGL. Chapter 161B section 7(l) shall be amended by adding after the words “meet such needs “  the words “...with investigation and analysis of the scheduling and equipment needs of  mobility-impaired, physically disabled individuals between the ages of 19 and 59…”

MGL Chapter 161B Section 8(f) shall be amended by adding after the words, “estimates of costs and revenues” the words, “with investigation and analysis given to the unmet scheduling and equipment needs of mobility-impaired, physically disabled individuals between the ages of 19 and 59, who are not otherwise served by a council on aging or other youth related transportation services”

 MGL Chapter 161B Section 8(g) shall be amended by adding the following; “The authority shall include a separate section  in its report addressing the status of reliable, accessible, and affordable public transportation services for mobility impaired commuters  between the ages of 19 and 59 across its region, including  but not limited to: number of mobility impaired individuals by RTA who are not otherwise served by a council on aging or other youth related transportation services; the total number of rides requested by disabled individuals when ascertainable; the total number of requests for services that could not be met and the reasons therefore; the number of requests for paratransit services;  the number of requests for paratransit services that could not be met including but not limited to unmet requests for point-to point accessible services for eligible persons with disabilities, and the reasons why transportation could not be provided;  the number of rides provided per month to persons with mobility impairment who are not otherwise served by a council on aging or other youth related transportation services. Furthermore, the RTA’s shall report on the number of providers under contract for the transportation of mobility impaired individuals in the region; type and number of wheel chair and scooter accessible busses, vans, and automobiles by RTA; monthly expenditures by transportation providers for physically disabled commuters, including but not limited to, cost per ride and required subsidy per passenger and per mile. Said affirmative obligation shall be part of MGL Chapter 161B 6(l) requirements and in furtherance of principals promulgated under the 2002 President’s New Freedom Initiative  to “expand transportation options for persons with disabilities” to promote full integration of disabled into the community. Annual collection and analysis of robust data relative to the transportation needs of the disabled as a class of commuters with unique requirements shall assist the Regional Transit Authorities in:

the organization of existing transportation services within each region; the  procurement of replacement or additional transportation services; fostering collaboration within and among communities in order to meet the  needs unique to the aforesaid class of commuters; improving means of communication about services between RTAs and mobility impaired commuters; fulfillment of its MGL Chapter 161B8(a) duties fair budget and regulatory responsiveness to both able-bodied and disabled individuals in each RTA; preservation of the missions of the RTAs; ensuring that disabled and able-bodied commuters are well represented, respected, counted, and served;  consideration of the disabled in the RTA’s annual MGL Chapter 161B 8(g) report; and establishing accurate financial estimates of costs and revenue.

The results thereof shall be filed according to MGL Chapter 161B 8(g), as amended herein.

The Executive Office of Transportation shall file its report, including its findings and recommendations and drafts of legislation necessary, if any, to carry out its recommendations, by filing the same with the clerks of the House of Representatives and the Senate, the House Committee on Ways and Means and the Senate Committee on Ways and Means, and the Joint Committee on Transportation, no later than December 31, 2007.