S T A T E   O F   N E W   Y O R K
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                                 5854--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Corporations,  Authorities  and  Commissions -- recommitted to the
  Committee on Corporations, Authorities and Commissions  in  accordance
  with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00747-03-4

              

A. 5854--A                          2

  (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.
  (B) ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, 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.

A. 5854--A                          3

  (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
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.