NY State Senate Bill 2009-S1374

Senate Bill S1374

2009-2010 Legislative Session

Requires a public hearing for substantial change in transit authority service by the New York city transit authority

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 29, 2009	referred to transportation

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2009-S1374 (ACTIVE) - Details

See Assembly Version of this Bill:: A1335
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1205 & 1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1216, A639
2013-2014: S466, A5854
2015-2016: S3170, A1453
2017-2018: S6263, A6890
2019-2020: S2532, A3309
2021-2022: S5817, A3869
2023-2024: S2876, A9583

2009-S1374 (ACTIVE) - Summary

Conditions the institution of any substantial change in surface route or rapid transit route service upon approval by the metropolitan transportation authority and committee on operations of the NYC transit authority and upon public hearing; sets allotted individual and aggregate speaking time during such hearings.

2009-S1374 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1374

 TITLE OF BILL :
An act to amend the public authorities law, in relation to requiring
public notice and hearing prior to any planned substantial change in
service


 PURPOSE OR GENERAL IDEA OF BILL :
To allow for public comment and adequate notice thereof, prior to the
implementation of proposed changes in the levels of subway or bus
service; and to encourage public speaking at board and committee
meetings by specifying minimum speaking times to be allotted to each
speaker.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1205 of the public authorities law is amended by adding a new
subdivision 9:

Requires NYCTA to obtain approval by resolution of the committee on
operations of the NYCTA and the MTA Board to hold a public hearing in
the affected county(ies) prior to any substantial change in service.

* Defines a substantial change in service.
* Requires further hearings for additional changes if substantial
changes in service were made within previous three years.

* includes complete or partial closing of a passenger station as a
substantial change
* Defines notice of hearing(s) to be given to affected communities
* Requires posters describing proposed change at affected stations and
on buses on affected routes, where detailed information is available
and date, time and place of hearing(s) and right of public to speak.

Paragraph (c) of subdivision 4 of section 1263 of the public
authorities law is amended.

* Describes allowable public speaking
* Requires that public comments be recorded in the minutes.
* Requires agendas for the meeting (s) be made available to the
public.

 JUSTIFICATION :
This legislation has four objectives:

(1) Provide Sunshine Law for NYCTA Service Changes. The legislation
will insure that the data collection and analysis performed by the
NYCTA prior to proposing a service change is adequate, and is subject
to detailed scrutiny by the MTA board and the public. Most of the data
collection and analysis stipulated in this legislation is already
being performed by NYCTA planning staff. However, when the. NYCTA
proposes service changes, minimal information is presented to the
board, and even less to the public. The quality of NYCTA's service
change planning will be significantly improved by opening up the
process to detailed public scrutiny.

(2) Provide public Input Before Service Changes are Implemented. The
legislation will give the public the opportunity to comment on the
technical analysis presented by NYCTA staff, and also to present other
relevant issues. Service changes on buses and subways often have
impacts on riders that are not apparent from studying ridership
figures alone. Many New Yorkers decide where to live based on
available mass transit and, especially for the elderly and disabled, a
service change that may appear minor may have a major impact on the
quality of rider's lives.  Because such facts are often not apparent
from ridership studies alone, a public hearing is essential to bring
to light information that may otherwise be unavailable. Public
hearings would therefore allow those affected by cuts and other
interested parties to present important information to the committee
on NYCTA operators for its consideration.

(3) Improve Public Speaking at MTA Board and Committee Meetings. The
legislation strengthens requirements concerning public speaking at
meetings of the MTA Board and its committees. Currently, the MTA
discourages public speakers by limiting their comments to a maximum of
two minutes; by restricting comments to topics on the agenda, while
making the agenda unavailable to the public until minutes before each
meeting; and by not recording the comments of public speakers in the
minutes. The legislation is specifically designed to correct these
abuses. It stipulates that more adequate speaking times shall be
provided and may be shortened only when, necessary to permit the Board
to proceed with its agenda within a reasonable time, and it requires
that agendas shall be available for public inspection at easily
accessible locations throughout MTA's service territory well in
advance of each meeting of the MT A Board and each of its committees.

(4) Enhance Oversight by MTA Board. An intended and desirable effect
of this legislation is that MTA Board members, as well as the public,
.  shall have at least seven days to review agendas for meetings of
the MTA Board and its committees. Currently, nothing prevents the MTA
from giving draft agendas to Board members as little as forty-eight
hours prior to a committee or Board meeting, and final agendas only a
few hours prior to a committee meeting. At a typical meeting, the MTA
Board is asked to authorize the expenditure of tens of millions of
dollars, and frequently-hundreds of millions of dollars of public
funds by guaranteeing that Board members shall have at least seven
days to review proposed MTA expenditures, this legislation will
significantly enhance the MTA Board's ability to discharge its
responsibilities.

 PRIOR LEGISLATIVE HISTORY :
This bill has been introduced in previous legislative sessions.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1374 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1374

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced  by  Sens. STAVISKY, ADAMS, DIAZ, DUANE, PARKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Transportation

AN ACT to amend the public authorities law,  in  relation  to  requiring
  public  notice  and hearing prior to any planned substantial change in
  service

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  1205 of the public authorities law is amended by
adding a new subdivision 9 to read as follows:
  9. (A) FOR  PURPOSES  OF  THIS  SUBDIVISION,  "SUBSTANTIAL  CHANGE  IN
SERVICE" MEANS:
  (I)  ANY  CHANGE  IN  FREQUENCY OF SERVICE OF A SURFACE ROUTE OR RAPID
TRANSIT ROUTE WHICH RESULTS IN A CHANGE OF TWENTY-FIVE PERCENT  OR  MORE
DURING ANY TWO CONSECUTIVE HOURS AT ANY RAPID TRANSIT STATION, OR ON ANY
PORTION  AT LEAST ONE-HALF MILE IN LENGTH OF ANY SURFACE ROUTE, COMPARED
WITH THE HIGHEST LEVEL OF SERVICE PROVIDED DURING THE SAME SUCH HOURS IN
THE PREVIOUS THREE YEARS; PROVIDED, HOWEVER, THAT  WHERE  A  SUBSTANTIAL
CHANGE  IN SERVICE FREQUENCY ON SUCH ROUTE AT SUCH HOURS HAS BEEN IMPLE-
MENTED PURSUANT TO THE PROVISIONS OF THIS SECTION  WITHIN  THE  PREVIOUS
THREE  YEARS,  ANY SUBSEQUENT CHANGE IN SERVICE SHALL BE DEEMED SUBSTAN-
TIAL ONLY IF  IT  RESULTS  IN  A  CHANGE  IN  FREQUENCY  OF  SERVICE  OF
TWENTY-FIVE  PERCENT  OR  MORE  DURING  ANY TWO CONSECUTIVE HOURS AT ANY
RAPID TRANSIT STATION, OR ON ANY  PORTION  AT  LEAST  ONE-HALF  MILE  IN
LENGTH  OF ANY SURFACE ROUTE, COMPARED WITH THE HIGHEST LEVEL OF SERVICE
PROVIDED DURING THE SAME SUCH HOURS DURING THE PERIOD OF TIME COMMENCING
WITH THE DATE OF IMPLEMENTATION OF SUCH PRECEDING SUBSTANTIAL CHANGE  IN
SERVICE; OR
  (II) ANY COMPLETE OR PARTIAL CLOSING OF A PASSENGER STATION WITHIN THE
CITY OF NEW YORK, OR ANY MEANS OF PUBLIC ACCESS TO SUCH FACILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00149-01-9

S. 1374                             2

  (B)  ON  AND  AFTER SEPTEMBER FIRST, TWO THOUSAND NINE, NO SUBSTANTIAL
CHANGE IN SERVICE FURNISHED UPON THE RAPID  TRANSIT  FACILITIES  OR  THE
OMNIBUS  LINE  FACILITIES  OF  THE AUTHORITY SHALL BE INSTITUTED, EXCEPT
UPON APPROVAL BY RESOLUTION OF THE COMMITTEE ON OPERATIONS  OF  THE  NEW
YORK  CITY TRANSIT AUTHORITY AND APPROVAL BY RESOLUTION OF THE METROPOL-
ITAN TRANSPORTATION AUTHORITY, AND ONLY AFTER A PUBLIC HEARING OR  HEAR-
INGS  HELD  BY THE BOARD OF THE METROPOLITAN TRANSPORTATION AUTHORITY IN
THE COUNTY OR COUNTIES WHEREIN THE SUBSTANTIAL CHANGE  IN  SERVICE  WILL
HAVE AN IMPACT.
  SUCH  HEARING  SHALL BE HELD NOT LESS THAN THIRTY DAYS AFTER NOTICE OF
SUCH PROPOSED SERVICE CHANGE HAS BEEN GIVEN TO, AND  COMMENTS  SOLICITED
FROM,  THE  NEW  YORK  CITY  TRANSIT  AUTHORITY ADVISORY COUNCIL AND THE
COMMUNITY BOARD OR BOARDS AS ESTABLISHED PURSUANT TO THE NEW  YORK  CITY
CHARTER  WHOSE  AREAS OF JURISDICTION INCLUDE PART OR ALL OF THE SURFACE
OR RAPID TRANSIT ROUTE, OR PASSENGER STATION, AFFECTED  BY  THE  CHANGE.
NOTICE ACCOMPANIED BY THE INFORMATION SPECIFIED IN PARAGRAPH (C) OF THIS
SUBDIVISION  SHALL  BE  MADE  ACCESSIBLE  TO  THE  PUBLIC  AT DESIGNATED
LOCATIONS IN THE AREA AFFECTED BY THE PROPOSED SERVICE CHANGE, INCLUDING
AT LEAST ONE LOCATION WITHIN THE AREA OF JURISDICTION OF  EACH  AFFECTED
COMMUNITY BOARD.
  (C) NOTICE SHALL INCLUDE:
  (I)  A  DETAILED DESCRIPTION OF THE PROPOSED SERVICE CHANGE, INCLUDING
ANY PROPOSED CHANGE IN FREQUENCY OF SERVICE; A DIAGRAM OF  THE  PROPOSED
CHANGES,  IF  ANY,  IN  THE  ROUTE  SERVED; A MAP OR DIAGRAM OF AFFECTED
ACCESS FACILITIES AT PASSENGER STATIONS.
  (II) A PRESENTATION OF THE DATA OBTAINED BY THE AUTHORITY  ON  NUMBERS
AND PATTERNS OF RIDERS AFFECTED BY THE PROPOSED CHANGE.
  (III)  A  DESCRIPTION  OF  THE  METHODOLOGY  USED  BY THE AUTHORITY IN
OBTAINING SUCH DATA, INCLUDING THE DATES AND TIMES ON  WHICH  COUNTS  OF
RIDERS WERE TAKEN.
  (IV)  THE  PROJECTED  IMPACT  ON  PASSENGERS,  INCLUDING  THE  AVERAGE
INCREASE IN WAITING TIMES, IF ANY, AND THE NUMBER OF PASSENGERS AFFECTED
BY SUCH INCREASE; AND THE VALUE OF THE COSTS OR BENEFITS TO  PASSENGERS,
OBTAINED BY ASSIGNING A DOLLAR VALUE TO PASSENGERS' TIME, AND TO FACTORS
SUCH AS CROWDING, SENSE OF SECURITY, AND OTHERS.
  (V)  THE FINANCIAL IMPACT ON THE AUTHORITY, INCLUDING ANY COST SAVINGS
EXPECTED TO BE REALIZED BY THE AUTHORITY.
  (VI) A PROJECTION OF THE IMPACT ON RIDERSHIP.
  AT EACH AFFECTED STATION AND ON BUSES OPERATING ON EACH  AFFECTED  BUS
ROUTE, POSTERS SHALL BE DISPLAYED PROVIDING A GENERAL DESCRIPTION OF THE
PROPOSED SERVICE CHANGE, IDENTIFYING THE LOCATIONS AT WHICH THE INFORMA-
TION  REQUIRED  BY THIS PARAGRAPH IS ACCESSIBLE TO THE PUBLIC, INFORMING
THE PUBLIC OF THE DATE, TIME, AND PLACE OF THE PUBLIC HEARING  OR  HEAR-
INGS AND OF THE BOARD MEETING AT WHICH THE CHANGE WILL BE ON THE AGENDA,
AND  STATING THAT THE PUBLIC MAY SPEAK AT SUCH MEETING PURSUANT TO PARA-
GRAPH (C) OF SUBDIVISION FOUR OF SECTION TWELVE HUNDRED  SIXTY-THREE  OF
THIS ARTICLE. THE PUBLIC SHALL BE NOTIFIED OF ANY CHANGE IN THE TIME AND
PLACE  OF  SUCH HEARING OR HEARINGS AND OF SUCH BOARD MEETING BY NOTICES
AT ALL OF THE ABOVE LOCATIONS.
  (D) THE AUTHORITY SHALL  PERFORM  PASSENGER  COUNTS  ON  THE  AFFECTED
SERVICES  SIX  MONTHS  AFTER  IMPLEMENTATION OF EACH SUBSTANTIAL SERVICE
CHANGE. SUCH COUNTS, ACCOMPANIED BY THE ORIGINAL PROJECTIONS  OF  IMPACT
ON RIDERSHIP, SHALL BE REPORTED TO THE BOARD AND THE PUBLIC.
  (E) THIS SUBDIVISION SHALL NOT APPLY TO SUBSTANTIAL CHANGES IN SERVICE
WITH  A  PROJECTED DURATION OF LESS THAN ONE HUNDRED EIGHTY DAYS, NOR TO
SUBSTANTIAL CHANGES IN SERVICE RESULTING FROM  AN  EMERGENCY  SUCH  THAT

S. 1374                             3

PUBLIC  HEARINGS  CANNOT  TAKE  PLACE  WITHOUT  IMPERILING THE SAFETY OF
PASSENGERS.
  S  2.  Paragraph  (c)  of  subdivision 4 of section 1263 of the public
authorities law, as added by chapter 247 of the laws of 1990, is amended
to read as follows:
  (c) The [chairman] CHAIRPERSON shall ensure that at every  meeting  of
the  board  and  at  every meeting of each committee the public shall be
allotted a period of time, not less than thirty minutes, to speak on any
topic on the agenda. EACH SPEAKER  SHALL BE ALLOTTED NOT LESS THAN  FIVE
MINUTES  OF  SPEAKING  TIME,  EXCEPT  THAT WHEN THE NUMBER OF REGISTERED
SPEAKERS IS SUCH THAT THE THIRTY MINUTE DURATION WOULD BE  SUBSTANTIALLY
EXCEEDED,  THE  ALLOTTED  SPEAKING TIMES MAY BE REDUCED TO NOT LESS THAN
THREE MINUTES. THE CHAIRPERSON MAY, AT HIS OR HER  DISCRETION,  END  THE
PUBLIC  SPEAKING  PERIOD  AFTER  SEVENTY-FIVE MINUTES. AGENDAS FOR EVERY
MEETING OF THE BOARD AND EVERY MEETING OF EACH COMMITTEE  THEREOF  SHALL
BE  MADE AVAILABLE FOR INSPECTION BY THE PUBLIC NOT LESS THAN SEVEN DAYS
PRIOR TO EACH MEETING AT THE HEADQUARTERS OF THE AUTHORITY AND AT  LEAST
ONE  DESIGNATED LOCATION WITHIN EACH COUNTY WHERE THE AUTHORITY PROVIDES
SERVICE.
  THE MINUTES OF EACH MEETING SHALL RECORD THE COMMENTS  OF  THE  PUBLIC
SPEAKERS  WITH THE SAME LEVEL OF DETAIL AS IS ACCORDED TO ANY OTHER PART
OF THE AGENDA.
  S 3. This act shall take effect immediately.

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Senate Bill S1374

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Eric Adams

Ruben Diaz

Thomas K. Duane

Shirley L. Huntley

2009-S1374 (ACTIVE) - Details

2009-S1374 (ACTIVE) - Summary

2009-S1374 (ACTIVE) - Sponsor Memo

2009-S1374 (ACTIVE) - Bill Text download pdf

Comments