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
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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.