S T A T E   O F   N E W   Y O R K
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                                  3313

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. BRENNAN, CLARK, GOTTFRIED, ORTIZ, COLTON, PHEFFER
  --  Multi-Sponsored  by  --  M.  of  A. ABBATE, AUBRY, COOK, DINOWITZ,
  GLICK, JACOBS, MAISEL, MILLMAN, 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.
                                                           LBD06017-01-1

              

A. 3313                             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.