S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8328
 
                             I N  S E N A T E
 
                               May 11, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 the
   New York City transit authority to operate its facilities and level of
   service on a daily twenty-four hour basis unless a declared  state  of
   emergency  is in effect, requiring the New York City transit authority
   or the metropolitan transportation authority subway system to  require
   that the levels of service furnished upon the rapid transit facilities
   maintained  in  the  city  of  New York provide continuous service for
   twenty-four hours a day when a declared state of emergency is  not  in
   effect,  and  requiring  the  metropolitan transportation authority to
   require the New York City transit authority  railroad  facilities  and
   levels of service to be operated and maintained on a daily twenty-four
   hour basis unless a declared state of emergency is in effect
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 1202  of  the  public  authorities
 law,  as  amended  by  section 12 of part O of chapter 61 of the laws of
 2000, is amended to read as follows:
   1. The purposes of the authority shall be the acquisition of the tran-
 sit facilities operated by the board of transportation of the city,  the
 operation  of  transit  facilities  in accordance with the provisions of
 this title for the convenience and safety of the public on a basis which
 will enable the operations thereof, exclusive of capital  costs,  to  be
 self-sustaining  AND  CONTINUOUSLY  OPERATED ON A DAILY TWENTY-FOUR HOUR
 BASIS UNLESS A DECLARED STATE OF EMERGENCY IS IN EFFECT, and, in coordi-
 nation with the metropolitan transportation authority and the Triborough
 bridge and tunnel authority, the continuance,  further  development  and
 improvement of commuter transportation and other services related there-
 to  within  the  metropolitan  commuter  transportation district and the
 development and implementation of a unified mass  transportation  policy
 for such district.
   § 2. Section 1205 of the public authorities law is amended by adding a
 new subdivision 9 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16314-03-0

 S. 8328                             2
 
   9.  SUBJECT TO THE PROVISIONS OF THIS SECTION AND ANY OTHER APPLICABLE
 PROVISIONS OF LAW, THE  AUTHORITY  OR  THE  METROPOLITAN  TRANSPORTATION
 AUTHORITY  SHALL  REQUIRE  THAT THE LEVELS OF SERVICE FURNISHED UPON THE
 RAPID TRANSIT FACILITIES IT MAINTAINS IN THE  CITY  OF  NEW  YORK  SHALL
 PROVIDE CONTINUOUS DAILY SERVICE FOR TWENTY-FOUR HOURS A DAY EXCEPT WHEN
 A  DECLARED STATE OF EMERGENCY IS IN EFFECT. IN THE EVENT OF A REDUCTION
 IN SERVICE DURING A DECLARED STATE  OF  EMERGENCY,  THERE  SHALL  BE  NO
 SUBSTANTIAL  OR  GENERAL  CHANGE IN THE LEVELS OF SERVICE FURNISHED UPON
 SUCH RAPID TRANSIT FACILITIES AFTER THE EMERGENCY HAS BEEN LIFTED  RELA-
 TIVE  TO THE TIME BEFORE SUCH STATE OF EMERGENCY DECLARATION EXCEPT UPON
 THE APPROVAL OF A MAJORITY OF THE ENTIRE  BOARD  OF  THE  AUTHORITY  AND
 APPROVAL OF A MAJORITY OF THE ENTIRE BOARD OF THE METROPOLITAN TRANSPOR-
 TATION  AUTHORITY.  NO  SUBSTANTIAL  OR GENERAL CHANGES IN THE LEVELS OF
 SERVICE OR COMPLETE OR PARTIAL CLOSING OF A PASSENGER STATION WITHIN THE
 CITY OF NEW YORK SHALL OCCUR EXCEPT IN ACCORDANCE WITH THIS ARTICLE.
   § 3. Subdivision 1 of section 1264 of the public authorities  law,  as
 amended  by section 2 of subpart B of part ZZZ of chapter 59 of the laws
 of 2019, is amended to read as follows:
   1. The purposes of the authority shall  be  the  continuance,  further
 development   and  improvement  of  commuter  transportation  and  other
 services related thereto within the metropolitan commuter transportation
 district, including but not limited to such transportation by  railroad,
 omnibus,  marine  and  air,  in  accordance  with the provisions of this
 title. It shall be the further purpose of the authority, consistent with
 its status as the ex officio board of both the  New  York  city  transit
 authority  and  the [triborough] TRIBOROUGH bridge and tunnel authority,
 to develop and implement a unified mass transportation policy  for  such
 district in an efficient and cost-effective manner that includes MAINTE-
 NANCE  OF  CONTINUOUS  OPERATIONS OF THE NEW YORK CITY TRANSIT AUTHORITY
 RAILROAD FACILITIES AND LEVELS OF SERVICE ON A  DAILY  TWENTY-FOUR  HOUR
 BASIS  UNLESS  A DECLARED STATE OF EMERGENCY IS IN EFFECT AND the use of
 design-build  contracting  on  all  projects  over  twenty-five  million
 dollars  in  cost except where a waiver is granted by the New York state
 budget director pursuant to a request in writing from  the  metropolitan
 transportation  authority. For purposes of granting a waiver pursuant to
 this section, such  review  shall  consider  whether  the  design  build
 contracting  method  is  appropriate for the project that such waiver is
 sought for, and the amount of savings and  efficiencies  that  could  be
 achieved  using  such method. The determination for such waiver shall be
 made in writing within forty-five days from request or shall  be  deemed
 granted.
   § 4. This act shall take effect immediately.