42 U.S.C. § 12147 — Alterations of existing facilities

Page 8251 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12147 sions of section 37.131(c) of title 49, Code of Federal Regulations, any paratransit system currently coordi- nating complementary paratransit service for more than 40 fixed route agencies shall be permitted to con- tinue using an existing tiered, distance-based coordi- nated paratransit fare system, if the fare for the exist- ing tiered, distance-based coordinated paratransit fare system is not increased by a greater percentage than any increase to the fixed route fare for the largest tran- sit agency in the complementary paratransit service area.’’ § 12144. Public entity operating a demand re- sponsive system If a public entity operates a demand respon- sive system, it shall be considered discrimina- tion, for purposes of section 12132 of this title and section 794 of title 29, for such entity to pur- chase or lease a new vehicle for use on such sys- tem, for which a solicitation is made after the 30th day following July 26, 1990, that is not read- ily accessible to and usable 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 dis- abilities. (Pub. L. 101–336, title II, § 224, July 26, 1990, 104 Stat. 342.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12145. Temporary relief where lifts are unavail- able (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 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with dis- abilities 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 lift-equipped and were to be otherwise accessible to and usable by indi- viduals 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 sig- nificantly 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. (Pub. L. 101–336, title II, § 225, July 26, 1990, 104 Stat. 343.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12146. New facilities For purposes of section 12132 of this title and section 794 of title 29, it shall be considered dis- crimination for a public entity to construct a new facility to be used in the provision of des- ignated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including indi- viduals who use wheelchairs. (Pub. L. 101–336, title II, § 226, July 26, 1990, 104 Stat. 343.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 231(a) of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12147. Alterations of existing facilities (a) General rule With respect to alterations of an existing fa- cility 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 discrimi- nation, for purposes of section 12132 of this title and section 794 of title 29, 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 por- tions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the com- pletion of such alterations. Where the public en- tity is undertaking an alteration that affects or could affect usability of or 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 al- terations 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 Page 8252 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12148 determined under criteria established by the At- torney General). (b) Special rule for stations (1) General rule For purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public entity that pro- vides designated public transportation to fail, in accordance with the provisions of this sub- section, 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 para- graph, all key stations (as determined under criteria established by the Secretary by reg- ulation) in rapid rail and light rail systems shall be made readily accessible to and usa- ble by individuals with disabilities, includ- ing individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on July 26, 1990. (B) Extension for extraordinarily expensive structural changes The Secretary may extend the 3-year pe- riod under subparagraph (A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need ex- traordinarily expensive structural changes to, or replacement of, existing facilities; ex- cept that by the last day of the 20th year fol- lowing July 26, 1990, at least 2⁄3 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 sub- section— (A) that reflects consultation with individ- uals with disabilities affected by such plan and the results of a public hearing and pub- lic comments on such plan, and (B) that establishes milestones for achievement of the requirements of this sub- section. (Pub. L. 101–336, title II, § 227, July 26, 1990, 104 Stat. 343.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subsec. (a) of this section effective 18 months after July 26, 1990, and subsec. (b) of this section effective July 26, 1990, see section 231 of Pub. L. 101–336, set out as a note under section 12141 of this title. § 12148. Public transportation programs and ac- tivities in existing facilities and one car per train rule (a) Public transportation programs and activities in existing facilities (1) In general With respect to existing facilities used in the provision of designated public transpor- tation services, it shall be considered discrimi- nation, for purposes of section 12132 of this title and section 794 of title 29, for a public en- tity 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 ac- cessible to and usable by individuals with dis- abilities. (2) Exception Paragraph (1) shall not require a public enti- ty to make structural changes to existing fa- cilities in order to make such facilities acces- sible to individuals who use wheelchairs, un- less and to the extent required by section 12147(a) of this title (relating to alterations) or section 12147(b) of this title (relating to key stations). (3) Utilization Paragraph (1) shall not require a public enti- ty to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facili- ties when such individuals could not utilize or benefit from such services provided at such fa- cilities. (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 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public enti- ty to fail to have at least 1 vehicle per train that is accessible to individuals with disabil- ities, including individuals who use wheel- chairs, as soon as practicable but in no event later than the last day of the 5-year period be- ginning 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 seg- ment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily acces- sible to and usable by individuals with disabil- ities 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 ve- hicle with) those modifications which are nec- essary to meet the requirements of section 12142(c)(1) of this title and which do not sig- nificantly alter the historic character of such vehicle. (Pub. L. 101–336, title II, § 228, July 26, 1990, 104 Stat. 344.) Editorial Notes REFERENCES IN TEXT The effective date of this section, referred to in sub- sec. (b)(1), probably means the effective date of subsec. (b), which is effective on date of enactment of Pub. L. 101–336, which was approved July 26, 1990. The effective date of subsec. (a) is 18 months after July 26, 1990. See section 231 of Pub. L. 101–336, set out as an Effective Date note under section 12141 of this title.