Require transportation network companies to make vehicles wheelchair accessible

A bill for an act

relating to transportation; requiring transportation network companies to make

vehicles wheelchair accessible; requiring nondiscrimination policies; establishing

wheelchair accessible vehicle services account; establishing wheelchair accessible

vehicle services subsidy program; requiring reports; appropriating money; amending

Minnesota Statutes 2024, section 221.091, subdivision 2; proposing coding for

new law in Minnesota Statutes, chapter 221.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 221.091, subdivision 2, is amended to read:

Subd. 2.

Small vehicle passenger service.

(a) A statutory or home rule charter city that

licenses and regulates small vehicle passenger service must do so by ordinance. The ordinance

must, at a minimum, provide for driver qualifications, insurance, vehicle safety, and periodic

vehicle inspections.

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(b) A statutory or home rule charter city may waive any licensing fees for a transportation

network company or taxicab company that maintains 7.5 percent of the company's active

fleet as wheelchair accessible vehicles. For purposes of this paragraph, "transportation

network company" has the meaning given in section 65B.472, subdivision 1.

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(b)
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(c)
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A statutory or home rule charter city that has adopted an ordinance complying

with this subdivision may enforce the registration requirement in section
221.021
.

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(c)
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(d)
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A statutory or home rule charter city that regulates, by ordinance, pedicabs,

rickshaws, or other similar vehicles used for passenger service may permit authorized

vehicles to be equipped with an electric motor that meets the requirements for an

electric-assisted bicycle under section
169.011, subdivision 27
, clause (3).

Sec. 2.

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[221.56] TRANSPORTATION NETWORK COMPANY ACCESSIBILITY.

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Subdivision 1.

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Definitions.

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(a) For purposes of sections 221.56 to 221.59, the following

terms have the meanings given.

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(b) "Transportation network company" or "TNC" has the meaning given in section

65B.472, subdivision 1.

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(c) "Wheelchair accessible vehicle" means a vehicle equipped with a ramp or lift capable

of transporting nonfolding motorized wheelchairs, mobility scooters, or other mobility

devices.

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Subd. 2.

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Wheelchair accessibility surcharge.

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(a) Transportation network companies

must pay to the commissioner a surcharge of $0.28 per ride originating in this state that is

not accessible to wheelchair users. The surcharge must be paid monthly.

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(b) The commissioner must deposit all surcharges collected under this subdivision into

the wheelchair accessible vehicle services account established under section 221.57.

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Subd. 3.

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Special transportation services.

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(a) Transportation network companies may

provide wheelchair accessible vehicle special transportation services and nonemergency

medical transportation services under the operating standards and rules adopted pursuant

to section 174.30. Transportation network companies must meet all state and federal standards

to provide these services.

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(b) A transportation network company providing services under paragraph (a) must pay

to the commissioner $0.28 per ride. This surcharge must be paid monthly.

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(c) The commissioner must deposit all surcharges collected under this subdivision into

the wheelchair accessible vehicle services account established under section 221.57.

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Subd. 4.

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Digital network accessibility.

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A transportation network company's digital

network must be accessible to individuals with disabilities by July 1, 2027, in conformance

with Americans with Disabilities Act digital accessibility rules.

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Subd. 5.

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Equity data report.

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(a) By October 1 each year, all transportation network

companies must report to the commissioner and the Minnesota Council on Disability about

the accessibility of services provided in the previous year to individuals with disabilities in

each community served. At a minimum, the report must include the:

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(1) estimated time of arrival for wheelchair accessible vehicles;

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(2) total number of wheelchair accessible vehicles requested;

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(3) total number of rides fulfilled in wheelchair accessible vehicles;

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(4) total number of wheelchair accessible rides that were denied;

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(5) total number of requested wheelchair accessible rides that were referred to a third

party; and

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(6) programs and best practices the transportation network company has implemented

to improve the accessibility of service to individuals with disabilities.

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(b) All data required in the report must be capable of aggregation by city so useful

comparisons may be made.

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Subd. 6.

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Nondiscrimination policy.

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All transportation network companies must adopt

a nondiscrimination policy that is available on a publicly accessible website. The website

must provide notice of the policy and procedures to report a complaint to the Department

of Human Rights about a driver's alleged violation of the policy. The policy must include:

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(1) the transportation network company must take reasonable steps to ensure services

provided by drivers using the digital network are offered in a nondiscriminatory manner;

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(2) the transportation network company and drivers must not unlawfully discriminate

against a prospective passenger or unlawfully refuse to provide service to a protected class

of passengers or certain localities;

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(3) drivers must not refuse services to a prospective passenger with a service animal;

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(4) the transportation network company must not charge an individual with a disability

an additional fee, including for the transport of a service animal, because of the individual's

disabilities;

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(5) the transportation network company must provide on its digital network a way for

passengers with disabilities to request a wheelchair accessible vehicle;

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(6) the transportation network company must facilitate available transportation for

passengers requiring a wheelchair accessible vehicle by:

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(i) connecting the passenger to a driver of a wheelchair accessible vehicle in the network;

or

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(ii) directing the passenger to an alternate provider with the authority and ability to

dispatch a wheelchair accessible vehicle;

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(7) if a passenger with a disability requires the use of a wheelchair, assistive technology,

or other mobility device, the driver must store and transport the equipment if reasonably

able to do so. If the driver is unable to reasonably store and transport the equipment, the

driver must refer the passenger to another driver or service provider with a vehicle able to

accommodate the equipment;

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(8) drivers must allow wheelchair users the choice to independently transfer from their

wheelchairs to the wheelchair accessible vehicle if they are able to do so;

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(9) when a ride is requested over the digital network, the total estimated fare, fare range,

or rate by distance or time must be displayed before the ride is confirmed. Any variables

that may result in higher rates or fares, including tips, wait time, demand pricing, or any

other surcharges or fees, must also be displayed;

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(10) passengers living with disabilities or perceived disabilities may not be negatively

rated by the driver for reasons directly related to their disability or perceived disability or

use of disability equipment;

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(11) the transportation network company must not charge a fee if a passenger cancels a

ride because the vehicle is unsuitable for the passenger's disability needs;

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(12) the transportation network company must not charge an additional fee for a personal

companion, orderly, or any other care assistant accompanying a passenger with a disability

on a ride;

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(13) the transportation network company must not impose a minimum charge when a

driver is unable to locate a passenger using a wheelchair or mobility device;

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(14) the transportation network company must allow a passenger to contact a driver over

the digital network or telephone after a ride is confirmed if the passenger provides adequate

contact information; and

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(15) a reference to the nondiscrimination requirements under section 181C.06.

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Sec. 3.

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[221.57] WHEELCHAIR ACCESSIBLE VEHICLE SERVICES ACCOUNT;

GRANTS.

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Subdivision 1.

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Wheelchair accessible vehicle services account established.

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A

wheelchair accessible vehicle services account is created in the special revenue fund. The

account consists of surcharge payments required under section 221.56, subdivisions 2 and

3, and any money appropriated, allotted, donated, transferred, or otherwise deposited into

the account. Money in the account is appropriated to the commissioner and distributed as

provided in subdivision 4.

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Subd. 2.

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Minimum collections.

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If the commissioner does not collect a minimum of

$500,000 per year from transportation network companies and taxicab companies under

section 221.56, subdivisions 2 and 3, for the wheelchair accessible vehicle services account,

then the amount sufficient to reach the minimum collection threshold is annually transferred

from the general fund to the wheelchair accessible vehicle services account.

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Subd. 3.

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Grant eligibility.

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(a) A taxicab company or an independent contractor of a

transportation network company who provides a service record of at least six months with

that company is eligible for grants under subdivision 5. A grant under subdivision 5 may

be used to meet a goal of having 7.5 percent of vehicles in the active fleet be wheelchair

accessible.

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(b) Wheelchair accessible vehicle drivers and grantees must complete disability training

designed by the Minnesota Council on Disability to be eligible to receive grants under

subdivision 5.

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(c) A driver of a leased vehicle is not eligible for a grant covering the cost or maintenance

of a wheelchair accessible vehicle unrelated to a wheelchair accessibility modification.

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(d) For purposes of this subdivision, "active fleet" means the total number of vehicles

registered with the transportation network company or taxicab company capable of providing

rides.

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Subd. 4.

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Grant applications.

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An eligible taxicab company or independent contractor

of a transportation network company must submit an application to the Wheelchair Accessible

Vehicle Services Committee established under section 221.58 and include a:

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(1) copy of each driver's valid driver's license;

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(2) Form I-9, Employment Eligibility Verification for each driver;

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(3) signed attestation that the entity has provided at least six months of transportation

network company services in this state; and

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(4) signed attestation that the entity will comply with all program requirements, as

defined by the committee.

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Subd. 5.

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Grants.

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Upon the recommendations of the Wheelchair Accessible Vehicle

Services Committee established under section 221.58, the commissioner must award grants

using money in the wheelchair accessible vehicle services account to taxicab companies,

independent contractors of transportation network companies, dealers, vendors, training

providers, or other related entities, as defined by the committee:

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(1) to purchase, lease, or rent wheelchair accessible vehicles or modify existing vehicles

to be wheelchair accessible for the primary purpose of providing public transportation, up

to an amount per purchased or modified vehicle as established by the Wheelchair Accessible

Vehicle Services Committee;

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(2) for maintenance or equipment expenses related to ramps, doors, or other expenses

related to the maintenance, repair, and inspection of wheelchair accessible equipment or

related equipment for vehicle accessibility, up to an amount per vehicle as established by

the Wheelchair Accessible Vehicle Services Committee;

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(3) for training and licensing drivers to operate wheelchair accessible vehicles;

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(4) for accessible technology transportation research; and

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(5) for other driver incentives as determined by the Wheelchair Accessible Vehicle

Services Committee.

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Subd. 6.

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Report.

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Annually by January 15, the commissioner must submit a report to the

chairs and ranking minority members of the legislative committees with jurisdiction over

transportation finance and policy detailing grants awarded under this section. The report

must detail the recipients of grant awards, the amount of grant awards, and how the grant

awards were used.

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Sec. 4.

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[221.58] WHEELCHAIR ACCESSIBLE VEHICLE SERVICES

COMMITTEE.

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Subdivision 1.

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Wheelchair Accessible Vehicle Services Committee.

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In consultation

with the Minnesota Council on Disability, the commissioner must appoint the following

members to the Wheelchair Accessible Vehicle Services Committee:

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(1) one member representing the Department of Transportation;

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(2) two members representing the Minnesota Council on Disability;

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(3) three members living with a disability;

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(4) two members representing TNC drivers;

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(5) three members representing TNCs;

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(6) one member representing manufacturers of wheelchair accessible vehicles; and

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(7) one member representing dealers of wheelchair accessible vehicles.

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Subd. 2.

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Organization.

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The committee is organized and administered under section

15.059, except section 15.059, subdivision 2, does not apply. Except as provided in section

15.059, subdivision 4, the commissioner must appoint committee members to two-year

terms and appoint one member as chair. The committee does not expire.

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Subd. 3.

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Conflict of interest.

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Committee members must disclose in a written statement

any financial interest in any organization that the committee recommends to receive a grant.

The written statement must accompany the grant recommendations and must explain the

nature of the conflict. The committee is not subject to policies developed by the commissioner

of administration under section 16B.98.

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Subd. 4.

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Duties.

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The committee must:

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(1) establish grant award amounts and develop criteria for evaluating and awarding

grants under section 221.57;

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(2) recommend to the commissioner legislative changes necessary to implement sections

221.57 and 221.59;

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(3) review the performance of the grant program and the wheelchair accessible vehicle

services account; and

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(4) perform other duties as authorized by the commissioner.

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Sec. 5.

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[221.59] WHEELCHAIR ACCESSIBLE VEHICLE SERVICES SUBSIDY

PROGRAM.

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Subdivision 1.

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Establishment.

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In consultation with the Minnesota Council on Disability,

the commissioner must establish a wheelchair accessible vehicle services subsidy program.

The program must provide for reimbursement to individuals or organizations to purchase,

lease, rent, or maintain vehicles used to provide wheelchair accessible transportation services

in this state or for other uses as determined by the Wheelchair Accessible Vehicle Services

Committee under section 221.58. The commissioner may provide subsidies under this

section as grants, loans, rebates, or other forms of funding.

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Subd. 2.

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Program funding.

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(a) Transportation network companies, taxicab companies,

and independent contractors who provide private transportation services in this state must

contribute $0.28 per ride to the wheelchair accessible vehicle services subsidy account under

paragraph (c). Contributions must be made by the end of each month.

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(b) If a transportation network company, taxicab company, or independent contractor

is more than 60 days past due for contributions required under paragraph (a), the

commissioner may suspend the entity's operating license or fine the entity 0.05 percent of

the past due contributions per month the contributions are past due. Alternatively, the

commissioner may recover the amounts owed in a civil action.

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(c) The wheelchair accessible vehicle services subsidy account is created in the special

revenue fund. The account consists of contributions made under paragraph (a) and any

money appropriated, allotted, donated, transferred, or otherwise deposited into the account.

Money in the account is annually appropriated to the commissioner for administration of

the account, marketing and awareness of the wheelchair accessible vehicle services subsidy

program, data collection and reporting, and reimbursements under subdivision 5.

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Subd. 3.

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Eligibility.

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Individuals and organizations are eligible to receive reimbursement

for wheelchair accessible vehicle services if:

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(1) each driver has a valid driver's license;

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(2) each driver has a valid Form I-9, Employment Eligibility Verification;

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(3) the individual or organization has provided at least six months of transportation

network company services in this state; and

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(4) each driver has completed training designed by the Minnesota Council on Disability.

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Subd. 4.

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Application.

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An eligible individual or organization must submit an application

for reimbursement to the commissioner. The application must include a:

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(1) copy of each driver's valid driver's license;

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(2) copy of Form I-9, Employment Eligibility Verification for each driver; and

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(3) signed attestation of nondiscrimination in accordance with section 221.56, subdivision

6.

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Subd. 5.

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Reimbursements.

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(a) The commissioner must make reimbursements to eligible

recipients under this subdivision.

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(b) Organizations and drivers providing subsidized rides for individuals using special

needs ride services or nonemergency medical transportation services under section 174.30

must be reimbursed $1 per ride. Of the amount reimbursed under this paragraph, $0.50 must

be reimbursed to the organization and $0.50 must be reimbursed to the driver.

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(c) Drivers who provide wheelchair accessible rides may be reimbursed for the costs of

training, licensing, and vehicle inspection.

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Subd. 6.

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Report.

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Annually by January 15, the commissioner must submit a report to the

chairs and ranking minority members of the legislative committees with jurisdiction over

transportation detailing reimbursements made under this section.

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Sec. 6.
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WHEELCHAIR ACCESSIBLE VEHICLE SERVICES SUBSIDY

PROGRAM; APPROPRIATION.
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$250,000 in fiscal year 2027 is appropriated from the general fund to the commissioner

of transportation to implement the wheelchair accessible vehicle services subsidy grant

program under Minnesota Statutes, section 221.59. This is a onetime appropriation.

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