42 U.S.C. § 12145 — Temporary relief where lifts are unavail-

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