---
kind: "section"
citation: "42 U.S.C. § 12146"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12146"
heading: "New facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12146"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter II — Public Services"
  - "Part B — Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory"
  - "Subpart i — public transportation other than by aircraft or certain rail operations"
---

# §12146. New facilities


For purposes of [section 12132 of this title](/usc/42/12132.md) and [section 794 of title 29](/usc/29/794.md), it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of [designated public transportation](/usc/42/12141.md?p=2) services unless such facility is readily accessible to and usable by individuals with [disabilities](/usc/42/12102.md?p=1), including individuals who use wheelchairs.


## Source credit

(Pub. L. 101–336, title II, § 226, July 26, 1990, 104 Stat. 343.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective 18 months after July 26, 1990, see section 231(a) of Pub. L. 101–336, set out as a note under section 12141 of this title.