S T A T E   O F   N E W   Y O R K
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                                  1335

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

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
              

A. 1335                             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

A. 1335                             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.