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This entry was published on 2019-12-20
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SECTION 1205
Rates of fare and levels of service
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 9
§ 1205. Rates of fare and levels of service. 1. Notwithstanding the
provisions of any other law, the terms of any contract or franchise, the
authority shall have the power at all times to fix or adjust the rate or
rates of fare to be charged for the use of any transit facility operated
by the authority as may in the judgment of the authority be necessary to
maintain the operations of the authority on a self-sustaining basis. The
operations of the authority shall be deemed to be on a self-sustaining
basis, as required by this title, when the authority is able to pay from
revenue, from any funds granted or transferred to the authority pursuant
to any provision of law, including funds granted pursuant to the
provisions of section ninety-eight-b of the general municipal law, and
from any other funds actually available to the authority, including the
proceeds of borrowings for working capital purposes, the expenses of
operation of the authority as the same shall become due.

2. Upon the written request of the mayor the authority shall permit
reduced fares for one or more classes of transit facility users
designated by the mayor upon the agreement of the city to assume the
burden of the resulting differential, together with the attendant
administrative costs of the authority, pursuant to procedures
satisfactory to the authority.

3. Notwithstanding the provisions of subdivision one of this section,
no zonal system of fares proposed to be instituted on or after March
first, nineteen hundred sixty-eight for the use of the whole or any part
of a rapid transit facility or of an omnibus line facility operated by
the authority and no general revision of the system of transfers
applicable to the use of all such facilities in effect as of that date
shall be established without the written approval of the mayor. For the
purposes of this subdivision the term "zonal system of fares" shall mean
any system whereby the fare payable for the use of a rapid transit
facility or an omnibus line facility or of any part thereof varies
according to distance traveled or to the location of the point of entry
or departure by the user, but the creation or elimination of free
transfer points shall not be regarded as the institution of such a
system.

4. From and after March first, nineteen hundred sixty-eight, no
substantial or general change in the levels of service furnished upon
the rapid transit facilities or the omnibus line facilities of the
authority shall be instituted except upon not less than thirty days'
written notice to the mayor and to the board of estimate.

5. (a) Any complete or partial closing of a passenger station within
the city of New York, or any means of public access to such facility,
except for purposes of repair or renovation or in case of emergency
shall be accomplished only if approved by resolution of the authority
adopted by not less than a majority of the whole number of members of
the authority then in office, and only after a public hearing. Such
hearing shall be held not less than thirty days after notice of such
proposed closing has been given to, and comments solicited from, the
community board as established pursuant to section eighty-four of the
New York city charter whose area of jurisdiction includes the station
proposed to be closed or otherwise affected.

(b) In the case of a planned complete closure of a passenger station
for purposes of repair or renovation, where such station will be out of
service for sixty days or longer the MTA board shall adopt a policy,
within ninety days of the effective date of the chapter of the laws of
two thousand nineteen which amended this subdivision, that will ensure
adequate communication of such work to impacted stakeholders where such
passenger station is located including but not limited to: elected
representatives, senate and assembly representatives, and community
boards at least forty-five days prior to such closure. Such policy shall
require the authority to notify the community board or boards whose
district contains a passenger station subject to a planned complete
closure or is contiguous to a district that contains a passenger station
subject to a planned complete closure located on the same line of
service as the passenger station subject to closure in writing. Such
written notice shall provide such board or boards with an option to
request a presentation from the authority regarding such planned
complete closure. Upon request from such board or boards the authority
shall, at a date convenient to such board or boards prior to such
closure, present information regarding such closure and related service
alternatives and also allow for public comment. The policy shall also
require that the authority provide notice to the public at least thirty
days prior to such closure by: (i) posting notice in the passenger
stations that are scheduled for closure; and (ii) posting notice on the
authority's website and social media accounts; providing information
about the planned complete closure, service alternatives, and directions
on how the public can provide comment to the authority regarding such
closure. This subdivision shall not apply to emergency station closures
resulting from unforeseen circumstances where such closure is necessary
to ensure public health, safety and welfare.

6. No acts or activities taken or proposed to be taken by the
authority pursuant to the provisions of subdivision one or two of this
section shall be deemed to be "actions" for the purposes or within the
meaning of article eight of the environmental conservation law.

7. Whenever the authority causes notices of hearings on proposed
changes in services or fares to be posted pursuant to this section or
any statute, regulation, or authority policy, or where it voluntarily
posts such notices, such notices shall: (a) be written in a clear and
coherent manner using words with common and every day meaning; (b) be
captioned in large point type bold lettering with a title that fairly
and accurately conveys the basic nature of such change or changes; (c)
where such change involves a proposed change in levels of fare, include
in its title the range of amounts of fare changes under consideration;
(d) contain, to the extent practicable, a concise description of the
specific nature of the change or changes, including but not limited to a
concise description of those changes that affect the largest number of
passengers; (e) where such change involves a change in the nature of a
route, contain, to the extent practicable, a clear graphic illustration
of such change or changes; and (f) where such change involves a partial
or complete station closing, such notice shall be posted at the affected
station with a clear graphic illustration depicting the nature of any
closing for such station.

8. Notwithstanding any other provision of law, the authority and any
of its subsidiary corporations shall establish and implement a half fare
rate program for persons with serious mental illness who are eligible to
receive supplemental security income benefits as defined pursuant to
title sixteen of the federal social security act and section two hundred
nine of the social services law. The half fare rate program established
and implemented pursuant to this subdivision shall be in operation
during all hours in which such authority provides railroad, subway
and/or omnibus services, and such program shall not be limited in
operation to off-peak hours or to any other hours designated by the
authority or its subsidiary corporations.