The New York State Senate

                    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.