NY State Senate Bill 2017-S8119

Senate Bill S8119

2017-2018 Legislative Session

Relates to the regulation of commuter bus service in a city with a population of one million or more

download bill text pdf

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
Mar 30, 2018	referred to transportation

2017-S8119 (ACTIVE) - Details

See Assembly Version of this Bill:: A10278
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1642-a, V & T L

2017-S8119 (ACTIVE) - Summary

Includes commuter bus service in regulations establishing a permit system for operation of certain buses in a city with a population of one million or more.

2017-S8119 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8119

SPONSOR: GOLDEN
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize a permit system for the loading and unloading of passengers
by commuter buses in any city having a population in excess of one
million, to reduce traffic congestion, and to uphold quality of life of
the residents of such city.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Vehicle and Traffic Law section
1642-a(1)(f) a new subparagraph (iii). This new subparagraph includes
commuter bus service in the definition of the term "public transporta-
tion."

Section 2 of this bill adds a new paragraph (g) to Vehicle and Traffic
Law section 1642-a(1). This new paragraph defines the term "commuter bus
service" as a fixed route bus service predominantly in one direction
during peak periods with limited stops originating 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.

Section 3 of this bill amends Vehicle and Traffic Law section 1642-a(4)
to allow the city agency to promulgate rules designating locations for
the loading and unloading of passengers by a commuter bus service. This
amendment further provides that the designated locations for commuter
bus service do not have to be the same locations that have been desig-
nated for intercity buses.

Section 4 of this bill amends Vehicle and Traffic Law section 1642-a by
adding a new subdivision 6 to provide that the city agency designated to
promulgate rules to implement this section may also implement rules
establishing a system of permits for commuter bus service, provided that
there shall be no fee charged for permits.

Section 5 of this bill provides that the act shall take effect on the
thirtieth day after it shall have become a law.

 
JUSTIFICATION:

When the Intercity Bus Permit System was enacted in 2012, the Legisla-
ture's intent was to allow the City of New York to regulate interstate
transportation companies that provide bus service into New York City.
Unfortunately, the legislation allowed the City of New York to require
commuter bus services to obtain permits to load and unload passengers in
the City.

Commuter bus services are similar to services provided by public mass
transportation companies. They operate regular, fixed routes transport-
ing passengers either into New York City or out of New York City. Unlike
many public mass transportation companies, commuter bus services do not
allow passengers to purchase a ticket for transportation from one point
in New York City to another point in New York City.

This bill seeks to address an unintended consequence of the 2012 legis-
lation by including commuter bus service in the definition of public
transportation. This change further strengthens the intent of the legis-
lation, which is to encourage the use of public commuter transportation
when traveling to New York City.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S8119 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8119
 
                             I N  S E N A T E
 
                              March 30, 2018
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
   printed to be committed 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

 S. 8119                             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.

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