A3514

An Act concerning the expansion of paratransit services in New Jersey and supplementing Title 27 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. The Commissioner of Transportation, in consultation with the Commissioner of Human Services, shall establish a three-year pilot program to enhance the availability and accessibility of paratransit and expand the number of community-based paratransit options for senior citizens and persons with disabilities in the State, particularly in those areas of the State that are not served by the State’s Access Link program.

b. The commissioner shall designate at least three regions of the State, one in the southern, one in the northern, and one in the central parts of the State, in which the pilot program shall operate. When designating paratransit service regions pursuant to this subsection, the commissioner shall consider:

(1) the demand for paratransit services in the region and the number of people who would benefit from enhanced paratransit services in the region;

(2) whether, and the extent to which, the region is served by Access Link. To the extent practicable, pilot program service regions shall be designated in areas of the State that are not well served by Access Link; and

(3) any other factor deemed by the Commissioners of Transportation or Human Services to be relevant.

c. The Commissioner of Transportation shall solicit applications from, and shall approve a sufficient number of, community-based organizations to provide paratransit services under the pilot program. In order to provide paratransit services under the pilot program, an applicant shall:

(1) be established as a community-based for-profit or not-for-profit organization. Community-based organizations that are dedicated to providing services to senior citizens or to persons with disabilities shall receive priority consideration for pilot program participation over other types of community-based organizations;

(2) certify to the commissioner that the organization is capable of complying with the transportation responsibilities established under the pilot program;

(3) demonstrate that the organization has a workers’ compensation policy, a general liability insurance policy, and an automobile liability insurance policy that covers all vehicles that will be used in the provision of paratransit services under the pilot program. If a provider fails to demonstrate that it has all three insurance policies and that each policy is current, the provider shall be prohibited from providing paratransit services under the pilot program;

(4) certify that, when operating under the pilot program, the provider will use vehicles that seat no less than four passengers, in addition to the driver;

(5) certify that all drivers and other staff members employed by the provider are appropriately licensed or certified to provide transportation services, as required by law;

(6) comply with all applicable criminal history record background check requirements imposed by the commissioner, and not employ any driver or other person who has ever been convicted of a disqualifying offense, as defined by the commissioner, regardless of the date of the offense or conviction therefor;

(7) register each vehicle to be used in the pilot program as a “commercial” or “livery” vehicle, as appropriate, and maintain a current vehicle inspection report for each such vehicle. Any vehicle that is not appropriately registered, that does not have a current vehicle inspection report, or that has failed its most recent vehicle inspection shall not be used to provide paratransit services under the pilot program; and

(8) commit to providing paratransit services within fifteen minutes of the scheduled pick-up time.

d. Each community-based organization that is approved to provide paratransit services under the pilot program shall ensure that training is completed by the organization’s drivers and by other staff members who will come into direct contact with a person receiving paratransit services, either within three months after the organization is approved to participate in the pilot program or within 30 days after the employee is hired, whichever is later. Training shall include instruction on how to provide appropriate and courteous treatment, how to engage in positive interactions with, and how to satisfy the special needs of, persons who are receiving paratransit services under the pilot program. The Commissioner of Human Services shall develop and distribute training materials to all approved community-based paratransit service providers for the purposes of this subsection.

e. Each community-based organization approved to participate in the pilot program shall maintain the following records and make them available to the Commissioners of Transportation and Human Services at the conclusion of each year of the pilot program’s operation or at more frequent intervals as determined by the commissioner to be appropriate:

(1) a daily and monthly paratransit log showing the types of vehicles dispatched, the number of unique passengers served, and the dedicated routes, if any, or pick-up locations that were established for and used by each vehicle;

(2) a log of cases in which the waiting time for paratransit service was in excess of 15 minutes past the scheduled pick-up time; and

(3) a copy of any complaints received by the provider in relation to the services provided under the pilot program, including an indication as to whether and how each complaint was resolved.

f. Within 90 days after the conclusion of the three-year pilot program, the Commissioners of Transportation and Human Services shall jointly prepare and submit a written report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, evaluating the success of the program. At a minimum, the report shall include the following information:

(1) the areas of the State that were designated as paratransit service regions under the pilot program and the extent to which those service regions were already being served by Access Link;

(2) the number and identity of community-based organizations that were approved to participate in the pilot program and the designated service regions in which each organization was assigned to provide services;

(3) the total number and average size of vehicles used for paratransit services under the pilot program;

(4) the total number of persons served by the pilot program and the locations of such persons in the State;

(5) the manner in which vehicles were dispatched under the pilot program; specifically, whether vehicles were assigned to particular service routes or were dispatched in response to individual appointment requests;

(6) the number and nature of complaints filed by consumers with respect to the paratransit services provided under the pilot program and the status and nature of the resolution of those complaints; and

(7) a recommendation as to whether the pilot program should be continued on a permanent, Statewide basis, including an indication of any concerns associated with permanent implementation and any recommendations for executive or legislative action that will be necessary to ensure the program’s success on a permanent, Statewide basis.

g. As used in this section:

“Access Link” means the paratransit service implemented by the New Jersey Transit Corporation for the purposes of complying with the “Americans with Disabilities Act of 1990,” Pub.L.101-336 (42 U.S.C. s.12101 et seq.).

“Commissioner” means the Commissioner of Transportation, acting in consultation with the Commissioner of Human Services.

“Paratransit services” means the same as that term is defined by section 3 of P.L.1979, c.150 (C.27:25-3).

2. The Commissioner of Transportation, in consultation with the Commissioner of Human Services, shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.

3. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the Commissioners of Transportation and Human Services may take any anticipatory administrative action in advance thereof as may be necessary to implement the provisions of this act. The act shall expire 30 days after the submission of the commissioners’ report pursuant to subsection f. of section 1 of this act.

STATEMENT

This bill would require the Commissioner of Transportation, in consultation with the Commissioner of Human Services, to establish a three-year pilot program to enhance the availability and accessibility of paratransit and expand the number of community-based paratransit options for senior citizens and persons with disabilities in the State, particularly in those areas of the State that are not served by the Access Link – the paratransit service that has been implemented by the New Jersey Transit Corporation for the purposes of complying with the “Americans with Disabilities Act of 1990,” Pub.L.101-336 (42 U.S.C. s.12101 et seq.).

The commissioners, in consultation with each other, will be required to designate at least three regions of the State, one in the southern, one in the northern, and one in the central parts of the State, in which the pilot program will operate. When designating paratransit service regions, the commissioners are to consider: 1) the demand for paratransit services in the region and the number of people who would benefit from enhanced paratransit services in the region; 2) whether, and the extent to which, the region is served by Access Link; and 3) any other factor deemed to be relevant. To the extent practicable, pilot program service regions are to be designated in areas of the State that are not well served by Access Link.

The bill will require the Commissioner of Transportation to solicit applications from, and approve a sufficient number of, organizations to provide paratransit services under the pilot program. In order to be approved to provide paratransit services under the pilot program, a service provider will need to: 1) be a community-based for-profit or not-for-profit organization (with priority consideration being given to those community-based organizations that are dedicated to serving senior citizens or persons with disabilities); 2) certify that the provider is capable of complying with the transportation responsibilities established under the pilot program; 3) demonstrate that the provider has a workers’ compensation policy, a general liability insurance policy, and an automobile liability insurance policy that covers all vehicles that will be used in the provision of paratransit services under the pilot program; 4) certify that, when operating under the pilot program, the provider will use vehicles that seat no less than four passengers, in addition to the driver; 5) certify that all drivers and other staff members employed by the provider are appropriately licensed or certified to provide transportation services, as required by law; 5) comply with all applicable criminal history record background check requirements imposed by the Commissioner of Transportation, in consultation with the Commissioner of Human Services, and not employ any driver or other person who has ever been convicted of a disqualifying offense, regardless of the date of the offense or conviction therefor; 6) register each vehicle to be used in the pilot program as a “commercial” or “livery” vehicle, as appropriate, and maintain a current vehicle inspection report for each such vehicle; and 7) commit to providing paratransit services within fifteen minutes of the scheduled pick-up time.

Each community-based organization approved to participate in the pilot program will also be required to ensure that training is completed by the organization’s drivers and by other staff members who will come into direct contact with a person receiving paratransit services, either within three months after the organization is approved to participate in the pilot program or within 30 days after the employee is hired, whichever is later. Training is to include instruction on how to provide appropriate and courteous treatment, how to engage in positive interactions with, and how to satisfy the special needs of, persons who are receiving paratransit services under the pilot program. The Commissioner of Human Services will be required to develop and distribute training materials to all approved providers.

Each community-based organization approved to participate in the pilot program will be required to maintain the following records and make them available to the commissioners at the conclusion of each year of the pilot program’s operation or at more frequent intervals as determined by the commissioners to be appropriate: 1) a daily and monthly paratransit log showing the types of vehicles dispatched, the number of unique passengers served, and the dedicated routes, if any, or pick-up locations that were established for and used by each vehicle; 2) a log of cases in which the waiting time for paratransit service was in excess of 15 minutes past the scheduled pick-up time; and 3) a copy of any complaints received by the provider in relation to the services provided under the pilot program, including an indication as to whether and how each complaint was resolved.

Within 90 days after the conclusion of the three-year pilot program, the commissioners will be required to jointly prepare and submit a written report to the Governor and the Legislature, evaluating the success of the program. The report is to include certain details about the program, as specified by the bill, as well as an indication as to whether the pilot program should be continued on a permanent, Statewide basis and recommendations for any executive or legislative action that will be necessary to ensure the program’s ongoing success, if continued.