S T A T E   O F   N E W   Y O R K
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                                  4751

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. BRENNAN, CLARK, GOTTFRIED, ORTIZ, GREENE, COLTON,
  PHEFFER  -- Multi-Sponsored by -- M. of A. ABBATE, AUBRY, COOK, DINOW-
  ITZ, GLICK, JACOBS, JOHN, MAISEL, MILLMAN, NOLAN, SCARBOROUGH --  read
  once  and  referred  to the Committee on Corporations, Authorities and
  Commissions

AN ACT to amend the public authorities law, in relation to public  hear-
  ings to be conducted by the New York city transit authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1200 of the public authorities law  is  amended  by
adding a new subdivision 19 to read as follows:
  19. "SUBSTANTIAL CHANGE IN SERVICE."  A REDUCTION OR ADDITION OF RAPID
TRANSIT  OR  OMNIBUS  SERVICE  FURNISHED  BY  THE AUTHORITY WHICH HAS AN
EFFECT UPON ONE THOUSAND OR MORE PASSENGERS DAILY.  SUBSTANTIAL  CHANGES
IN  SERVICE  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE ELIMINATION OR
ADDITION OF PASSENGER STATION STOPS  ON  A  SERVICE,  A  CHANGE  OF  TEN
PERCENT OR MORE IN HEADWAYS ON A SERVICE, AND A CHANGE OF TEN PERCENT OR
MORE  IN  TRANSIT  REVENUE MILES ON A SERVICE, BUT SHALL NOT INCLUDE THE
PERMANENT OR TEMPORARY CLOSING OF A PASSENGER STATION.
  S 2. Subdivision 4 of section 1205 of the public authorities  law,  as
added by chapter 717 of the laws of 1967, is amended to read as follows:
  4.  [From and after March first, nineteen hundred sixty-eight, no] (A)
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] AFTER (I) not less than
thirty days' written notice to the mayor [and to the board of  estimate]
AND  (II)  ONE  OR  MORE  PUBLIC HEARINGS HELD IN THE COUNTY OR COUNTIES
WHERE THE SUBSTANTIAL CHANGE IN SERVICE WILL HAVE  AN  IMPACT  AT  LEAST
THIRTY  DAYS  PRIOR  TO  THE  INSTITUTION  OF  THE SUBSTANTIAL CHANGE IN
SERVICE; AND AFTER THE AUTHORITY HAS PROVIDED NOTICE  OF  SUCH  HEARINGS
THROUGH ADVERTISEMENTS IN NEWSPAPERS AND SIGNS OR POSTERS IN RAPID TRAN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05035-01-9
              

A. 4751                             2

SIT AND OMNIBUS LINE FACILITIES, AT LEAST TWENTY DAYS PRIOR TO THE HEAR-
ING.
  (B) THE AUTHORITY SHALL GIVE DUE AND PROPER CONSIDERATION TO THE VIEWS
AND  COMMENTS EXPRESSED AT THE PUBLIC HEARINGS, ESPECIALLY AS SUCH VIEWS
AND COMMENTS ADDRESS THE SOCIAL, ECONOMIC AND  ENVIRONMENTAL  IMPACT  OF
THE  SUBSTANTIAL  CHANGE IN SERVICE.   NO LATER THAN TWENTY DAYS AFTER A
PUBLIC HEARING, AND IN NO CASE LATER THAN FIVE DAYS PRIOR TO THE  INSTI-
TUTION OF THE SUBSTANTIAL CHANGE IN SERVICE, THE AUTHORITY SHALL ISSUE A
REPORT  ON  THE  PUBLIC  HEARINGS AND EITHER MODIFY, REJECT OR ADOPT THE
PROPOSED SUBSTANTIAL CHANGE IN SERVICE.
  (C) 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  3.  Section 1212 of the public authorities law is amended by adding
a new subdivision 7 to read as follows:
  7. ANY RESIDENT OF THE CITY OF NEW YORK SHALL HAVE STANDING  TO  BRING
AN  ACTION  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES AGAINST THE AUTHORITY WHERE SUCH ACTION ARISES UNDER  SUBDIVI-
SION FOUR OR FIVE OF SECTION TWELVE HUNDRED FIVE OF THIS TITLE.
  S 4. This act shall take effect immediately.