PUBLIC LAW 101-336-JULY 26, 1990 by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities. SEC. 225. TEMPORARY RELIEF WHERE LIFTS ARE UNAVAILABLE. (a) GRANTING.-With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 222(a) or 224 to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary (1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be liftequipped and were to be otherwise accessible to and usable by individuals with disabilities; (2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses; (3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and (4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity. (b) DURATION AND NOTICE TO CONGRESS.-Any relief granted under subsection (a) shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted. (c) FRAUDULENT APPLICATION.-If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) was fraudulently applied for, the Secretary shall (1) cancel such relief if such relief is still in effect; and (2) take such other action as the Secretary considers appropriate. SEC. 226. NEW FACILITIES. For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. SEC. 227. ALTERATIONS OF EXISTING FACILITIES. (a) GENERAL RULE.-With respect to alterations of an existing facility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that affects or could affect usability of or 104 STAT. 343 42 USC 12145. 42 USC 12146. 42 USC 12147. 104 STAT. 344 42 USC 12148. PUBLIC LAW 101-336-JULY 26, 1990 access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (b) SPECIAL RULE FOR STATIONS. (1) GENERAL RULE.-For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity that provides designated public transportation to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) RAPID RAIL AND LIGHT RAIL KEY STATIONS. (A) ACCESSIBILITY.-Except as otherwise provided in this paragraph, all key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on the effective date of this paragraph. (B) EXTENSION FOR EXTRAORDINARILY EXPENSIVE STRUCTURAL CHANGES.-The Secretary may extend the 3-year period under subparagraph (A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need extraordinarily expensive structural changes to, or replacement of, existing facilities; except that by the last day of the 20th year following the date of the enactment of this Act at least 3 of such key stations must be readily accessible to and usable by individuals with disabilities. (3) PLANS AND MILESTONES.-The Secretary shall require the appropriate public entity to develop and submit to the Secretary a plan for compliance with this subsection (A) that reflects consultation with individuals with disabilities affected by such plan and the results of a public hearing and public comments on such plan, and (B) that establishes milestones for achievement of the requirements of this subsection. SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN (a) PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN ExistING FACILITIES. (1) IN GENERAL.-With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. PUBLIC LAW 101-336-JULY 26, 1990 794), for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities. (2) EXCEPTION.-Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by section 227(a) (relating to alterations) or section 227(b) (relating to key stations). (3) UTILIZATION.-Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services provided at such facilities. (b) ONE CAR PER TRAIN RULE. (1) GENERAL RULE.-Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section. (2) HISTORIC TRAINS.-In order to comply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity which operates such system only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of section 222(c)1) and which do not significantly alter the historic character of such vehicle. SEC. 229. REGULATIONS. (a) IN GENERAL.-Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this part (other than section 223). (b) STANDARDS.-The regulations issued under this section and section 223 shall include standards applicable to facilities and vehicles covered by this subtitle. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504 of this Act. SEC. 230. INTERIM ACCESSIBILITY REQUIREMENTS. 104 STAT. 345 If final regulations have not been issued pursuant to section 229, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of 42 USC 12149. 42 USC 12150. 104 STAT. 346 42 USC 12141 note. 42 USC 12161. PUBLIC LAW 101-336-JULY 26, 1990 such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 226 and 227, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 504(a) of this Act, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. SEC. 231. EFFECTIVE DATE. (a) GENERAL RULE.-Except as provided in subsection (b), this part shall become effective 18 months after the date of enactment of this Act. (b) EXCEPTION.-Sections 222, 223 (other than subsection (a)), 224, 225, 227(b), 228(b), and 229 shall become effective on the date of enactment of this Act. PART II-PUBLIC TRANSPORTATION BY SEC. 241. DEFINITIONS. As used in this part: (1) COMMUTER AUTHORITY.-The term "commuter authority" has the meaning given such term in section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8)). (2) Commuter RAIL TRANSPORTATION.-The term "commuter rail transportation" has the meaning given the_term_“commuter service" in section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9)). (3) INTERCITY RAIL TRANSPORTATION.-The term "intercity rail transportation" means transportation provided by the National Railroad Passenger Corporation. (4) RAIL PASSENGER CAR.-The term "rail passenger car" means, with respect to intercity rail transportation, single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars. (5) RESPONSIBLE PERSON.-The term "responsible person" means (A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity; (B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and (C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation. PUBLIC LAW 101-336-JULY 26, 1990 (6) STATION.-The term "station" means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops. SEC. 242. INTERCITY AND COMMUTER RAIL ACTIONS CONSIDERED DISCRIMINATORY. (a) INTERCITY RAIL TRANSPORTATION.— (1) ONE CAR PER TRAIN RULE.-It shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 244, as soon as practicable, but in no event later than 5 years after the date of enactment of this Act. (2) NEW INTERCITY CARS.— (A) GENERAL RULE.-Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after the effective date of this section, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 244. (B) SPECIAL RULE FOR SINGLE-LEVEL PASSENGER COACHES FOR INDIVIDUALS WHO USE WHEELCHAIRS.-Single-level passenger coaches shall be required to (i) be able to be entered by an individual who uses a wheelchair; (ii) have space to park and secure a wheelchair; (iii) have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passenger's wheelchair; and (iv) have a restroom usable by an individual who uses a wheelchair, only to the extent provided in paragraph (3). (C) SPECIAL RULE FOR SINGLE-LEVEL DINING CARS FOR INDIVIDUALS WHO USE WHEELCHAIRS.-Single-level dining cars shall not be required to (i) be able to be entered from the station platform by an individual who uses a wheelchair; or (ii) have a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger. 104 STAT. 347 42 USC 12162. |