Title 42The Public Health and WelfareRelease 119-73

§12147 Alterations of existing facilities

Title 42 › Chapter CHAPTER 126— - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › Subchapter SUBCHAPTER II— - PUBLIC SERVICES › Part Part B— - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory › Subpart subpart i— - public transportation other than by aircraft or certain rail operations › § 12147

Last updated Apr 6, 2026|Official source

Summary

Public transit agencies must make changes to existing transit buildings or parts of them so the changed areas are easy to get into and use for people with disabilities, including people who use wheelchairs, when the work is done. If the work affects a main service area, the agency must also, as much as possible, make the route to that area and the bathrooms, phones, and drinking fountains that serve it accessible — unless making those extra changes would be disproportionately costly or large under rules set by the Attorney General. For rapid rail and light rail, agencies must make certain "key stations" (as the Secretary defines) accessible. That work must be done as soon as possible but no later than the last day of the 3-year period beginning on July 26, 1990. The Secretary may extend that deadline up to 30 years for stations needing very costly rebuilding, but by the last day of the 20th year after July 26, 1990, at least 2/3 of those stations must be accessible. Agencies must give the Secretary a plan that includes consultation with people with disabilities, a public hearing and comments, and milestones for meeting these rules.

Full Legal Text

Title 42, §12147

The Public Health and Welfare — Source: USLM XML via OLRC

(a)With respect to alterations of an existing facility 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 discrimination, 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 portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity 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 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)(1)For purposes of section 12132 of this title and section 794 of title 29, 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)(A)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 July 26, 1990.
(B)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 July 26, 1990, at least ⅔ of such key stations must be readily accessible to and usable by individuals with disabilities.
(3)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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 12147

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73