NY State Senate Bill 2013-S466A

Senate Bill S466A

2013-2014 Legislative Session

Requires a public hearing for substantial change in transit authority service by the New York city transit authority

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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 21, 2014	print number 466a
Jan 21, 2014	amend and recommit to transportation
Jan 08, 2014	referred to transportation
Jan 09, 2013	referred to transportation

Bill Amendments

Original

A (Active)

2013-S466 - Details

See Assembly Version of this Bill:: A5854
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1205 & 1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1374, A1335
2011-2012: S1216, A639
2015-2016: S3170, A1453
2017-2018: S6263, A6890
2019-2020: S2532, A3309
2021-2022: S5817, A3869
2023-2024: S2876, A9583

2013-S466 - Summary

Conditions the institution of any substantial change in surface route or rapid transit route service upon approval by the metropolitan transportation authority and committee on operations of the NYC transit authority and upon public hearing; sets allotted individual and aggregate speaking time during such hearings.

2013-S466 - Sponsor Memo

                                BILL NUMBER:S466

TITLE OF BILL:
An act
to amend the public authorities law, in relation to requiring public
notice and hearing prior to any planned substantial change in service

PURPOSE OR GENERAL IDEA OF BILL:
To allow for public comment and adequate notice thereof, prior to the
implementation of proposed changes in the levels of subway or bus
service; and to encourage public speaking at board and committee
meetings by specifying minimum speaking times to be allotted to each
speaker.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1205 of the public authorities law is amended by adding a new
subdivision 9:

Requires NYCTA to obtain approval by resolution of the committee on
operations of the NYCTA and the MTA Board to hold a public hearing in
the affected county(ies) prior to any substantial change in service.

* Defines a substantial change in service.
* Requires further hearings for additional changes if substantial
changes in service were made within previous three years.
* Includes complete or partial closing of a passenger station as a

substantial change
* Defines notice of hearing(s) to be given to affected communities
* Requires posters describing proposed change at
affected stations and on buses on affected routes, where detailed
information is available and date, time and place of hearing(s) and
right of public to speak.

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.

* Describes allowable public speaking
* Requires that public comments be recorded in the minutes
* Requires agendas for the meeting(s) be made available to the public.

JUSTIFICATION:
This legislation has four objectives:

(1) Provide Sunshine Law for NYCTA Service Changes. The legislation
will insure that the data collection and analysis performed by the
NYCTA prior to proposing a service change is adequate, and is subject
to detailed scrutiny by the MTA board and the public. Most of the
data collection and analysis stipulated in this legislation is
already being performed by NYCTA planning staff However, when the
NYCTA proposes service changes, minimal information is presented to
the board, and even less to the public. The quality of NYCTA's
service change planning will be significantly improved by opening up
the process to detailed public scrutiny.

(2) Provide public Input Before Service Changes are Implemented. The
legislation will give the public the opportunity to comment on the


technical analysis presented by NYCTA staff, and also to present
other relevant issues. Service changes on buses and subways often
have impacts on riders that are not apparent from studying ridership
figures alone. Many New Yorkers decide where to live based on
available mass transit and, especially for the elderly and disabled,
a service change that may appear minor may have a major impact on the
quality of rider's lives.
Because such facts are often not apparent from ridership studies
alone, a public hearing is essential to bring to light information
that may otherwise be unavailable Public hearings would therefore
allow those affected by cuts and other interested parties to present
important information to the committee on NYCTA operators for its
consideration.

(3) Improve Public Speaking at MTA Board and Committee Meetings. The
legislation strengthens requirements concerning public speaking at
meetings of the MTA Board and its committees. Currently, the MTA
discourages public speakers by limiting their comments to a maximum
of two minutes; by restricting comments to topics on the agenda,
while making the agenda unavailable to the public until minutes
before each meeting; and by not recording the comments of public
speakers in the minutes. The legislation is specifically designed to
correct these abuses. It stipulates that more adequate speaking times
shall be provided and may be shortened only when, necessary to permit
the Board to proceed with its agenda within a reasonable time, and it
requires that agendas shall be available for public inspection at
easily accessible locations throughout MTA's service territory well
in advance of each meeting of the MTA Board and each of its
committees.

(4) Enhance Oversight by MTA Board An intended and desirable effect of
this legislation is that MTA Board members, as well as the public,
shall have at least seven days to review agendas for meetings of the
MTA Board and its committees. Currently, nothing prevents the MTA from
giving draft agendas to Board members as little as forty-eight hours
prior to a committee or Board meeting, and final agendas only a few
hours prior to a committee meeting. At a typical meeting, the MTA
Board is asked to authorize the expenditure of tens of millions of
dollars, and frequently-hundreds of millions of dollars of public
funds by guaranteeing that Board members shall have at least seven
days to review proposed MTA expenditures, this legislation will
significantly enhance the MTA--Board's ability to discharge its
responsibilities.

PRIOR LEGISLATIVE HISTORY:
This bill has been introduced in previous legislative sessions.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

2013-S466 - Bill Text download pdf

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

                                   466

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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
  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.
                                                           LBD00747-01-3

S. 466                              2

  (B)  ON  AND AFTER SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, NO SUBSTAN-
TIAL 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

S. 466                              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.

2013-S466A (ACTIVE) - Details

See Assembly Version of this Bill:: A5854
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1205 & 1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1374, A1335
2011-2012: S1216, A639
2015-2016: S3170, A1453
2017-2018: S6263, A6890
2019-2020: S2532, A3309
2021-2022: S5817, A3869
2023-2024: S2876, A9583

2013-S466A (ACTIVE) - Summary

2013-S466A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S466A

TITLE  OF  BILL:    An  act  to  amend  the public authorities law, in
relation to requiring public notice and hearing prior to  any  planned
substantial change in service

PURPOSE OR GENERAL IDEA OF BILL:

To  allow for public comment and adequate notice thereof, prior to the
implementation of proposed changes in the  levels  of  subway  or  bus
service;  and  to  encourage  public  speaking  at board and committee
meetings by specifying minimum speaking times to be allotted  to  each
speaker.

SUMMARY OF SPECIFIC PROVISIONS:

Section  1205 of the public authorities law is amended by adding a new
subdivision 9:

Requires NYCTA to obtain approval by resolution of  the  committee  on
operations of the NYCTA and the 14Th Board to hold a public hearing in
the affected county(ies) prior to any substantial change in service.

*Defines a substantial change in service.

*Reclines  further  hearings  for  additional  changes  if substantial

chances in service were made within previous three years.

*includes complete or partial closing of  a  passenger  station  as  a
substantial change

Defines notice of hearing(s) to be given to affected communities

Requires  posters  describing proposed chance at affected stations and
on buses on affected routes, where detailed information  is  available
and date, time and place of hearing(s) and right of public to speak.

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.

*Describes allowable public speaking

*Requires that public comments be recorded in the minutes.

*Requires agendas for the meeting (s) be made available to the public.

JUSTIFICATION:

This legislation has four objectives:

(1)  Provide  Sunshine  Law for NYCTA Service Changes. The legislation
will insure that the data collection and  analysis  performed  by  the
NYCTA  prior to proposing a service chance is adequate, and is subject
to detailed scrutiny by the MTA board and the Public. Most of the data
collection and analysis stipulated  in  this  legislation  is  already
being  performed  by  NYCTA  planning  staff.  However, when the NYCTA


proposes service changes, minimal  information  is  presented  to  the
board,  and  even  less  to the public. The quality of NYCTA's service
change planning will be  significantly  improved  by  opening  up  the
process to detailed public scrutiny.

(2)  Provide  public input before service changes are implemented. The
legislation will give the public the opportunity  to  comment  on  the
technical analysis presented by NYCTA staff, and also to present other
vent  issues.  Service changes on buses and subways often have impacts
on riders that are not apparent from studying ridership figures alone.
Many New Yorkers decide where to live based on available mass  transit
and,  especially  for  the elderly and disabled, a service change that
may appear minor may have a major impact on  the  quality  of  rider's
lives.  Because  such  facts  are  often  not  apparent from ridership
studies alone, a  public  hearing  is  essential  to  bring  to  light
information  that  may otherwise be unavailable. Public hearings would
therefore allow those affected by cuts and other interested parties to
present important information to the committee on NYCTA operators  for
its consideration.

(3)  Improve  Public Speaking at MTA Board and Committee Meetings. The
legislation strengthens requirements  concerning  public  speaking  at
meetings  of  the  MTA  Board  and  its committees. Currently, the MTA
discourages public speakers by limiting their comments to a maximum of
two minutes; by restricting comments to topics on  the  agenda,  while
making  the agenda unavailable to the public until minutes before each
meeting; and by not recording the comments of public speakers  in  the
minutes.  The  legislation  is  specifically designed to correct these
abuses. It stipulates that  more  adequate  speaking  times  shall  be
provided and may be shortened only when, necessary to permit the Board
to  proceed  with its agenda within a reasonable time, and it requires
that agendas shall  be  available  for  public  inspection  at  easily
accessible  locations  throughout  MTA's  service  territory  well  in
advance of each meeting of the MT A Board and each of its committees.

(4) Enhance Oversight by MTA Board. An intended and  desirable  effect
of  this legislation is that MIA Board members, as well as the public,
shall have at least seven days to review agendas for meetings  of  the
MTA Board and its committees. Currently, nothing prevents the MTA from
giving  draft  agendas to Board members as little as forty-eight hours
prior to a committee or Board meeting, and final agendas  only  a  few
hours prior to a meeting. At a typical meeting, the MTA Board is asked
to  authorize  the  expenditure  of  tens  of millions of dollars, and
frequently-hundreds  of  millions  of  dollars  of  public  funds   by
guaranteeing  that  Board  members  shall  have at least seven days to
review proposed MTA expenditures, this legislation will  significantly
enhance the MTA Board's ability to discharge its responsibilities.

PRIOR LEGISLATIVE HISTORY:

This bill has been introduced in previous legislative sessions.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:


This act shall take effect immediately.

2013-S466A (ACTIVE) - Bill Text download pdf

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

                                 466--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  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.

                                                           LBD00747-02-4

S. 466--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.

S. 466--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.

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