NY State Senate Bill 2021-S80

Senate Bill S80

2021-2022 Legislative Session

Requires the New York city transit systems to provide twenty-four hour service unless a declared state of emergency is in effect

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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 05, 2022	referred to transportation
Jan 06, 2021	referred to transportation

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2021-S80 (ACTIVE) - Details

See Assembly Version of this Bill:: A624
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1202, 1205 & 1264, Pub Auth L
Versions Introduced in 2019-2020 Legislative Session:: S8328, A10445

2021-S80 (ACTIVE) - Summary

Requires 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; requires 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; requires the Metropolitan transportation authority to require that the New York City transit authority railroad facilities and levels of service be operated and maintained on a daily twenty-four hour basis unless a declared state of emergency is in effect.

2021-S80 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S80

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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 main-
tained 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

 
PURPOSE OF BILL:

The purpose of this legislation is to require the New York City subway
and bus systems to offer continuous 24/7 service when a declared state

of emergency is not in effect.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Section 1202 of the Public Authorities Law,
which sets forth the purposes of the New York City Transit Authority
(NYCTA), to provide that the NYCTA's transit facilities shall be contin-
uously operated on a daily twenty-four hour basis unless a declared
state of emergency is in effect.

Section 2 of the bill amends Section 1205 of the Public Authorities Law,
which relates to rates of fare and levels of service of the NYCTA's
facilities, to add a new subdivision 9 requiring the NYCTA or the Metro-
politan Transportation Authority (MTA) to require that the levels of
service furnished upon the NYCTA's rapid transit facilities in NYC shall
provide continuous daily service for 24 hours a day except when a
declared state of emergency is in effect. Sub. 9 would also provide that
in the event of a reduction in service during a declared state of emer-
gency, there shall be no substantial or general change in the levels of
service furnished upon such facilities after the emergency has been
lifted relative to the time before such emergency declaration, except
upon the approval of a majority of the entire board of both the MTA and
NYCTA.

Section 3 of the bill amends Section 1264 of the Public Authorities Law,
which sets forth the purposes of the MTA, to provide that the MTA's
unified mass transportation policy shall include maintenance of contin-
uous operation of the NYCTA's transit facilities and levels of service
on a daily twenty-four hour basis unless a declared state of emergency
is in effect.

 
JUSTIFICATION:

The COVID-19 pandemic has required New York State to take many
unprecedented steps in order to keep New Yorkers safe and ensure that
our state continues to maintain essential functions, such as closing
down schools, libraries, and most businesses, ordering people to wear
masks and practice "social distancing," and asking people to stay in
their homes whenever possible.

Another step which literally has no precedent is the decision, beginning
in the early hours of May 6, 2020, to close the New York City subway
system overnight from 1 am - 5am in order to thoroughly clean and disin-
fect it. This marks the first time that the subway has intentionally
shut down overnight since it opened 115 years ago. The subway is the
lifeblood of "The City That Never Sleeps" - a public utility that keeps
New York City moving at all hours of the day and night. It is an abso-
lutely essential method of transportation for millions of New Yorkers,
many of whom have few alternative options for swift travel to places
like work, school, and health care facilities.

This pandemic has required New York's government to make many terribly
difficult choices. Public health experts tell us it is necessary to
temporarily close the subway overnight in order to protect public
health, which continues to be the highest calling of all public offi-
cials.

However, once the worst effects of the COVID-19 pandemic are behind us
and our State of Emergency is lifted, the MTA and NYC Transit Authority
must restore the 24/7 service New Yorkers have relied on for decades. We
cannot let this virus leave behind a city that is less vibrant, less
connected or less equitable than it was before To accomplish this goal,
this bill would require the NYC subway and bus systems to offer contin-
uous 24/7 service when a declared state of emergency is not in effect.

 
PRIOR LEGISLATIVE HISTORY:

S.8328 of 2020 (Hoylman): Passed Senate
A.10445 of 2020 (Carroll): Died in Corporations, Authorities and Commis-
sions

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S80 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    80
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BIAGGI, GOUNARDES, KRUEGER, LIU, MYRIE,
   SALAZAR -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02393-01-1

 S. 80                               2
 
 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:
   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.

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Senate Bill S80

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Alessandra Biaggi

Andrew Gounardes

Liz Krueger

John C. Liu

2021-S80 (ACTIVE) - Details

2021-S80 (ACTIVE) - Summary

2021-S80 (ACTIVE) - Sponsor Memo

2021-S80 (ACTIVE) - Bill Text download pdf

Comments