# § 12147. Alterations of existing facilities
**(a)** **General rule** section 12132 of this titlesection 794 of title 29
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 and , 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)** **Special rule for stations**
**(1)** **General rule** section 12132 of this titlesection 794 of title 29
For purposes of and , 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 light rail key stations**
**(A)** **Accessibility** July 26, 1990
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 .
**(B)** **Extension for extraordinarily expensive structural changes** July 26, 1990
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 , at least ⅔ 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.
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**Source Credit**: (Pub. L. 101–336, title II, § 227, July 26, 1990, 104 Stat. 343.)
## Statutory Notes and Related Subsidiaries
### Effective Date
Subsec. (a) of this section effective 18 months after , and subsec. (b) of this section effective , see , set out as a note under .