Bill Text: NY A06116 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires each agency to develop and implement a five-year accessibility plan, to include: the steps the agency is taking and will be taking over the next 5 years to ensure accessibility to the agency's facilities, services, and programs for persons with disabilities, and information on ongoing projects and projects planned over the next 5 years related to improving physical, digital and programmatic access, and effective communications for persons with disabilities.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-03-20 - print number 6116a [A06116 Detail]

Download: New_York-2023-A06116-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6116

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Governmental Operations

        AN ACT to amend the civil rights law, in relation to requiring  agencies
          to  develop  a  five-year  accessibility plan providing full and equal
          access to the physical facilities, services, programs, and  activities
          of any state agency or department for persons with disabilities

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil rights law is amended by  adding  a  new  section
     2  40-h to read as follows:
     3    §  40-h.  Right  of  equal  access;  five-year accessibility plan. All
     4  persons within the jurisdiction of this state shall be entitled  to  the
     5  full  and  equal  access to the physical facilities, services, programs,
     6  and activities of any state agency or department, subject  only  to  the
     7  conditions  and  limitations  established by law and applicable alike to
     8  all persons.
     9    1. As used in this section:
    10    (a)  "five-year  accessibility  plan"  means  an  accessibility   plan
    11  required  by subdivision two of this section, utilizing a template to be
    12  created by the chief disability officer; and
    13    (b) "officer" means the chief disability officer described in  section
    14  four-b of the executive law.
    15    2. Requirements of five-year accessibility plan. Each state agency, in
    16  consultation  with  the officer, shall develop and implement a five-year
    17  accessibility plan  ensuring  that  the  agency's  physical  facilities,
    18  services,  programs,  and activities are accessible to and accommodating
    19  and inclusive of persons with disabilities. Such plan shall include,  at
    20  a minimum:
    21    (a)  the  steps the agency is currently taking and will be taking over
    22  the next five years to ensure that the  agency's  facilities,  services,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10303-01-3

        A. 6116                             2

     1  programs,  and activities are accessible to and accommodating and inclu-
     2  sive of persons with disabilities; and
     3    (b)  information  regarding ongoing projects and projects planned over
     4  the next five years that are related to improving physical, digital, and
     5  programmatic access, and effective communications for persons with disa-
     6  bilities, including, but not limited to: any alterations  or  structural
     7  changes  to  facilities  or  premises that are owned and operated by the
     8  agency or contracted for use by the agency or otherwise under the  agen-
     9  cy's  jurisdiction; any planned upgrades or investments in technology or
    10  tools that will improve accessibility within the  agency  or  access  to
    11  such  agency's  services and programs; and any other steps the agency is
    12  taking or plans to take to make its programs and services more  accessi-
    13  ble to and inclusive of persons with disabilities. Budgetary information
    14  and  timelines relating to such projects shall be included where practi-
    15  cable.
    16    3. (a) No later than December thirty-first, two thousand  twenty-four,
    17  each  agency  shall  post a proposed five-year accessibility plan on its
    18  website and circulate such proposed plan for public comment.  In  circu-
    19  lating  the  proposed plan for public comment, each agency, in consulta-
    20  tion with the officer, shall ensure that  stakeholders,  community-based
    21  organizations, providers, and all other appropriate individuals or enti-
    22  ties have an adequate opportunity to provide input on the content of the
    23  plan.
    24    (b)  No  later  than  March  fifteenth, two thousand twenty-five, each
    25  agency shall post its five-year accessibility plan on  its  website  and
    26  provide a copy of such plan to the officer.
    27    (c) No later than March thirtieth, two thousand twenty-five, the offi-
    28  cer  shall  post  online and submit all received five-year accessibility
    29  plans to the governor, the temporary president of  the  senate  and  the
    30  speaker of the assembly.
    31    4.  (a)  No later than March fifteenth, two thousand twenty-four, each
    32  agency shall post on its website a statement regarding web accessibility
    33  and a mechanism for receiving complaints about web accessibility.
    34    (b) No later than May first, two  thousand  twenty-four,  each  agency
    35  shall  submit  to  the officer the name of the office within each agency
    36  that shall be responsible  for  ensuring  that  the  agency's  five-year
    37  accessibility  plan  is  completed by the deadline, and such office name
    38  shall also appear on each agency's respective website.
    39    5. Outreach to the metropolitan transportation authority.  The  office
    40  shall  invite  the  metropolitan transportation authority to develop and
    41  submit a five-year accessibility plan.
    42    6. Agency non-completion of five-year accessibility plans. (a) If  any
    43  agency  or entity, including, but not limited to the metropolitan trans-
    44  portation authority does not develop a five-year accessibility plan, the
    45  officer shall conduct outreach with such agency or entity to share  best
    46  practices  and  recommendations regarding accessibility with such agency
    47  or entity.
    48    (b) No later than ninety days after the outreach required by paragraph
    49  (a) of this subdivision, if an agency or entity does not develop a five-
    50  year accessibility plan, the officer shall post on the officer's website
    51  a statement that such agency or entity did not develop such plan  and  a
    52  summary  of  the  best  practices  and  recommendations that the officer
    53  shared with such agency or entity pursuant  to  paragraph  (a)  of  this
    54  subdivision.
    55    7. Annual reporting. Beginning May first, two thousand twenty-six, and
    56  annually  thereafter,  each agency shall post on its website a report of

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     1  the progress such agency has made in the previous  fiscal  year  towards
     2  achieving  the  goals of the agency's five-year accessibility plan. Such
     3  reports shall also be submitted to the officer, who  shall  submit  such
     4  reports  to  the governor, the temporary president of the senate and the
     5  speaker of the assembly on or before June thirtieth, two thousand  twen-
     6  ty-six and annually thereafter.
     7    8.  Triennial  reporting.  Beginning  May  first, two thousand twenty-
     8  eight, and triennially thereafter, each agency shall post on its website
     9  an updated five-year accessibility plan. Such updated plans  shall  also
    10  be submitted to the officer, who shall submit such updates to the gover-
    11  nor, the temporary president of the senate and the speaker of the assem-
    12  bly on or before May fifteenth, two thousand twenty-eight and triennial-
    13  ly thereafter.
    14    § 2. This act shall take effect immediately.
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