Page:United States Statutes at Large Volume 104 Part 1.djvu/378

 104 STAT. 344 PUBLIC LAW 101-336—JULY 26, 1990 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 alterations 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 determined under criteria established by the Attorney General), (b) SPECIAL RULE FOR STATIONS. — (1) GENERAL RULE.— For purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), it shall be considered discrimination for a public entity that provides designated public transportation to fail, in accordance with the provisions of this subsection, 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 UGHT RAIL KEY STATIONS.— (A) ACCESSIBILITY. —Except as otherwise provided in this paragraph, all key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on the effective date of this paragraph. (B) EXTENSION FOR EXTRAORDINARILY EXPENSIVE STRUC- TURAL CHANGES. — The Secretary may extend the 3-year period under subparagraph (A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need extraordinarily expensive structural changes to, or replacement of, existing facilities; except that by the last day of the 20th year following the date of the enactment of this Act at least % 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 subsection— (A) that reflects consultation with individuals with disabilities affected by such plan and the results of a public hearing and public comments on such plan, and (B) that establishes milestones for achievement of the requirements of this subsection. 42 USC 12148. SEC. 228. PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXISTING FACILITIES AND ONE CAR PER TRAIN RULE. (a) PUBLIC TRANSPORTATION PROGRAMS AND ACTIVITIES IN EXIST- ING FACILITIES. — (1) IN GENERAL.—With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of section 202 of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.

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