42 U.S.C. § 12147 — Alterations of existing facilities

(a) General rule. When a public entity alters an existing transportation facility, or part of one, in a way that affects or could affect its usability, it counts as discrimination — for purposes of section 12132 and section 794 of title 29 — to fail to make those alterations so that, to the maximum extent feasible, the altered parts are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, once finished. If the alteration affects, or could affect, access to an area with a primary function, the entity must also make the path of travel to that area, and the bathrooms, telephones, and drinking fountains serving it, readily accessible, to the maximum extent feasible, once finished — unless doing so would be disproportionate in cost and scope to the overall alteration, as determined under Attorney General criteria. (b) Special rule for stations. (1) It counts as discrimination, for purposes of section 12132 and section 794 of title 29, for an entity providing designated public transportation to fail to make key stations, as determined by Secretary regulation, on rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, following this subsection. (2) Except as this paragraph allows, all key stations must be made accessible as soon as practicable, but no later than 3 years after July 26, 1990. The Secretary may extend that deadline up to 30 years for key stations needing extraordinarily expensive structural changes or replacement, except that by 20 years after July 26, 1990, at least two-thirds of those key stations must already be accessible. (3) The Secretary must require the relevant public entity to submit a compliance plan that reflects consultation with affected individuals with disabilities, a public hearing, and public comments, and that sets milestones for meeting this subsection's requirements.