S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10278
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to commuter bus
   service in cities with a population of one million or more
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (ii)  of  paragraph  f  of  subdivision  1  of
 section  1642-a  of the vehicle and traffic law, as added by chapter 410
 of the laws of 2012, is amended and a new subparagraph (iii) is added to
 read as follows:
   (ii) mass transportation services provided to the  general  public  by
 any  county,  city,  town or village directly or through a contract with
 another entity pursuant to section one hundred nineteen-r of the general
 municipal law, or provided to the general public by another state or any
 county, city, town or village in a state other than New York directly or
 through a contract with another entity pursuant to a similar law of such
 other state[.]; OR
   (III) COMMUTER BUS SERVICE.
   § 2. Subdivision 1 of section 1642-a of the vehicle and traffic law is
 amended by adding a new paragraph g to read as follows:
   G. "COMMUTER BUS SERVICE" SHALL MEAN FIXED ROUTE BUS SERVICE  PREDOMI-
 NANTLY IN ONE DIRECTION DURING PEAK PERIODS WITH LIMITED STOPS ORIGINAT-
 ING  OUTSIDE A CITY WITH A POPULATION OF ONE MILLION OR MORE WITH ONE OR
 MORE STOPS WITHIN SUCH CITY AND ORIGINATING WITHIN SUCH CITY WITH  STOPS
 OUTSIDE  SUCH  CITY,  PROVIDED THAT A PASSENGER CANNOT PURCHASE A TICKET
 FOR TRAVEL FROM ONE POINT IN SUCH CITY  TO  ANOTHER  POINT  WITHIN  SUCH
 CITY. ANY BUS SERVICE THAT REPORTS TO THE FEDERAL TRANSIT ADMINISTRATION
 NATIONAL  TRANSIT  DATABASE  FOR  USE IN THE URBANIZED GRANT FORMULA, AS
 CODIFIED IN 49 UNITED STATES CODE SECTION 5307, SHALL BE  DEEMED  TO  BE
 COMMUTER BUS SERVICE.
   § 3. Subdivision 4 of section 1642-a of the vehicle and traffic law as
 added by chapter 410 of the laws of 2012, paragraph d as added and para-
 graphs  e  and  f  as  relettered by chapter 402 of the laws of 2012, is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15189-01-8

 A. 10278                            2
 
   4. The city agency designated pursuant to subdivision  three  of  this
 section to promulgate rules shall:
   a.  Have  the  authority  to designate streets and locations where the
 loading or unloading of passengers by intercity buses  OR  COMMUTER  BUS
 SERVICE  shall  be  permitted,  PROVIDED  THAT  SUCH  CITY AGENCY IS NOT
 REQUIRED TO DESIGNATE THE SAME STREETS AND LOCATIONS FOR INTERCITY BUSES
 AND COMMUTER BUS SERVICE;
   b. Consult with the local community board for the district  encompass-
 ing the location to be designated in a permit, including but not limited
 to a notice and comment period of forty-five days, prior to the issuance
 or permanent amendment of such permit;
   c.  Consult  with  the  metropolitan  transportation  authority when a
 proposed location or relocation for the loading and unloading of passen-
 gers by an intercity bus OR COMMUTER BUS would overlap with an  existing
 metropolitan transportation authority bus stop;
   d.  Consult  with the port authority of New York and New Jersey when a
 proposed location or relocation for the loading and unloading of passen-
 gers by an intercity bus OR COMMUTER BUS SERVICE would overlap  with  an
 existing port authority of New York and New Jersey bus facility[.];
   e.  Post  all  locations  designated  for the loading and unloading of
 passengers by intercity [bus]  BUSES  AND  COMMUTER  BUS  SERVICE  on  a
 website for public access within thirty days of approval; and
   f. Have the authority to temporarily amend any approved location for a
 period  of up to ninety days for reasons of public safety or other emer-
 gency or temporary need as determined by such city agency without  prior
 consultation  with  the  local  community board; provided that such city
 agency informs the affected community board  in  writing  no  more  than
 thirty days after any such temporary amendment.
   §  4.  Section  1642-a  of  the  vehicle and traffic law is amended by
 adding a new subdivision 6 to read as follows:
   6. THE CITY AGENCY DESIGNATED TO PROMULGATE RULES  TO  IMPLEMENT  THIS
 SECTION  MAY  ALSO  IMPLEMENT RULES ESTABLISHING A SYSTEM OF PERMITS FOR
 COMMUTER BUS SERVICE. SUCH RULES SHALL COMPLY WITH SUBDIVISION THREE  OF
 THIS  SECTION, PROVIDED THAT NO FEE SHALL BE CHARGED FOR A PERMIT.  SUCH
 CITY AGENCY SHALL PROMULGATE SUCH RULES THAT SHALL COMPLY  WITH  CHAPTER
 FORTY-FIVE OF THE NEW YORK CITY CHARTER INCLUDING A PUBLIC HEARING.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.