1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 20 rail vehicle to be used for public transportation, or any other new fixed route vehicle to be used for public transportation and for which a solicitation is made later than 30 days after the date of enactment of this Act, if such bus, rail, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) USED VEHICLES.-If a public entity purchases or leases a used vehicle to be used for public transportation after the date of enactment of this Act, such in dividual or entity shall make demonstrated good faith efforts to purchase or lease such a used vehicle that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (3) REMANUFACTURED VEHICLES.-If a public entity remanufactures a vehicle, or purchases or leases a remanufactured vehicle to be used for public transportation, so as to extend its usable life for 5 years or more, the vehicle shall, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (c) PARATRANSIT AS A SUPPLEMENT TO FIXED 24 ROUTE PUBLIC TRANSPORTATION SYSTEM. 08 933 PP 21 (1) IN GENERAL.-If a public entity operates a fixed route public transportation system to provide public transportation, it shall be considered discrimination, for purposes of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for a public transit entity that is responsible for providing public transportation to fail to provide paratransit or other special transportation services sufficient to provide a comparable level of services as is provided to individuals using fixed route public transportation to individuals with disabilities, including individuals who use wheelchairs, who cannot otherwise use fixed route public transportation and to other individuals associated with such individuals with disabilities in accordance with service criteria established under regulations promulgated by the Secretary of Transportation unless the public transit entity can demonstrate that the provision of paratransit or other special transportation services would impose an undue financial burden on the public transit entity. (2) UNDUE FINANCIAL BURDEN.—If the provision of comparable paratransit or other special transportation services would impose an undue financial burden on the public transit entity, such entity must provide paratransit and other special transportation services to 06 933 PP 22 1 the extent that providing such services would not 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 impose an undue financial burden on such entity. (3) REGULATIONS. (A) FORMULA.-Regulations promulgated by the Secretary of Transportation to determine what constitutes an undue financial burden, for purposes of this subsection, may include a flexible numerical formula that incorporates appropriate local characteristics such as population. (B) ADDITIONAL PARATRANSIT SERVICES.-Notwithstanding paragraphs (1) and (2), the Secretary may require, at the discretion of the Secretary, a public transit authority to provide paratransit services beyond the amount determined by such formula. (d) COMMUNITY OPERATING DEMAND RESPONSIVE 17 SYSTEMS FOR THE GENERAL PUBLIC.-If a public entity 18 operates a demand responsive system that is used to provide 19 public transportation for the general public, it shall be consid20 ered discrimination, for purposes of this Act and section 504 21 of the Rehabilitation Act of 1973 (29 U.S.C. 794), for such 22 individual or entity to purchase or lease a new vehicle, for 23 which a solicitation is made later than 30 days after the date 24 of enactment of this Act, that is not readily accessible to and 25 usable by individuals with disabilities, including individuals 08 933 PP 23 1 who use wheelchairs, unless the entity can demonstrate that 2 such system, when viewed in its entirety, provides a level of 3 service to individuals with disabilities equivalent to that pro4 vided to the general public. 5 (e) TEMPORARY RELIEF WHERE LIFTS ARE UN6 AVAILABLE.-With respect to the purchase of new buses, a 7 public entity may apply for, and the Secretary of Transporta8 tion may temporarily relieve such public entity from the obli9 gation to purchase new buses of any size that are readily 10 accessible to and usable by individuals with disabilities if such 11 public entity demonstrates 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities; (2) the unavailability from any qualified manufacturer of hydraulic, electro-mechanical, 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 08 933 PP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 24 transportation services in the community served by the public entity. (f) CONSTRUCTION. (1) IN GENERAL.-Any relief granted under subsection (e) shall be limited in duration by a specified date and the appropriate committees of the Congress shall be notified of any such relief granted. (2) FRAUDULENT APPLICATION.-If, at any time, the Secretary of Transportation has reasonable cause to believe that such relief was fraudulently applied for, the Secretary of Transportation shall— (A) cancel such relief, if such relief is still in effect; and (B) take other steps that the Secretary of Transportation considers appropriate. (g) NEW FACILITIES.-For purposes of this Act and 17 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 18 794), it shall be considered discrimination for a public entity 19 to build a new facility that will be used to provide public 20 transportation services, including bus service, intercity rail 21 service, rapid rail service, commuter rail service, light rail 22 service, and other service used for public transportation that 23 is not readily accessible to and usable by individuals with 24 disabilities, including individuals who use wheelchairs. 08 933 PP |