S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3309
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law,  in  relation  to  requiring
   public  notice  and hearing prior to any planned substantial change in
   service

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  1205 of the public authorities law is amended by
 adding a new subdivision 9 to read as follows:
   9. (A) FOR  PURPOSES  OF  THIS  SUBDIVISION,  "SUBSTANTIAL  CHANGE  IN
 SERVICE" MEANS:
   (I)  ANY  CHANGE  IN  FREQUENCY OF SERVICE OF A SURFACE ROUTE OR RAPID
 TRANSIT ROUTE WHICH RESULTS IN A CHANGE OF TWENTY-FIVE PERCENT  OR  MORE
 DURING ANY TWO CONSECUTIVE HOURS AT ANY RAPID TRANSIT STATION, OR ON ANY
 PORTION  AT LEAST ONE-HALF MILE IN LENGTH OF ANY SURFACE ROUTE, COMPARED
 WITH THE HIGHEST LEVEL OF SERVICE PROVIDED DURING THE SAME SUCH HOURS IN
 THE PREVIOUS THREE YEARS; PROVIDED, HOWEVER, THAT  WHERE  A  SUBSTANTIAL
 CHANGE  IN SERVICE FREQUENCY ON SUCH ROUTE AT SUCH HOURS HAS BEEN IMPLE-
 MENTED PURSUANT TO THE PROVISIONS OF THIS SECTION  WITHIN  THE  PREVIOUS
 THREE  YEARS,  ANY SUBSEQUENT CHANGE IN SERVICE SHALL BE DEEMED SUBSTAN-
 TIAL ONLY IF IT RESULTS IN A CHANGE IN FREQUENCY OF SERVICE  OF  TWENTY-
 FIVE PERCENT OR MORE DURING ANY TWO CONSECUTIVE HOURS AT ANY RAPID TRAN-
 SIT  STATION,  OR ON ANY PORTION AT LEAST ONE-HALF MILE IN LENGTH OF ANY
 SURFACE ROUTE, COMPARED WITH  THE  HIGHEST  LEVEL  OF  SERVICE  PROVIDED
 DURING THE SAME SUCH HOURS DURING THE PERIOD OF TIME COMMENCING WITH THE
 DATE  OF IMPLEMENTATION OF SUCH PRECEDING SUBSTANTIAL CHANGE IN SERVICE;
 OR
   (II) ANY COMPLETE OR PARTIAL CLOSING OF A PASSENGER STATION WITHIN THE
 CITY OF NEW YORK, OR ANY MEANS OF PUBLIC ACCESS TO SUCH FACILITY.
   (B) ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND TWENTY, NO  SUBSTANTIAL
 CHANGE  IN  SERVICE  FURNISHED  UPON THE RAPID TRANSIT FACILITIES OR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06502-01-9

 A. 3309                             2
 
 OMNIBUS LINE FACILITIES OF THE AUTHORITY  SHALL  BE  INSTITUTED,  EXCEPT
 UPON  APPROVAL  BY  RESOLUTION OF THE COMMITTEE ON OPERATIONS OF THE NEW
 YORK CITY TRANSIT AUTHORITY AND APPROVAL BY RESOLUTION OF THE  METROPOL-
 ITAN  TRANSPORTATION AUTHORITY, AND ONLY AFTER A PUBLIC HEARING OR HEAR-
 INGS HELD BY THE BOARD OF THE METROPOLITAN TRANSPORTATION  AUTHORITY  IN
 THE  COUNTY  OR  COUNTIES WHEREIN THE SUBSTANTIAL CHANGE IN SERVICE WILL
 HAVE AN IMPACT.
   SUCH HEARING SHALL BE HELD NOT LESS THAN THIRTY DAYS AFTER  NOTICE  OF
 SUCH  PROPOSED  SERVICE CHANGE HAS BEEN GIVEN TO, AND COMMENTS SOLICITED
 FROM, THE NEW YORK CITY  TRANSIT  AUTHORITY  ADVISORY  COUNCIL  AND  THE
 COMMUNITY  BOARD  OR BOARDS AS ESTABLISHED PURSUANT TO THE NEW YORK CITY
 CHARTER WHOSE AREAS OF JURISDICTION INCLUDE PART OR ALL OF  THE  SURFACE
 OR  RAPID  TRANSIT  ROUTE, OR PASSENGER STATION, AFFECTED BY THE CHANGE.
 NOTICE ACCOMPANIED BY THE INFORMATION SPECIFIED IN PARAGRAPH (C) OF THIS
 SUBDIVISION SHALL  BE  MADE  ACCESSIBLE  TO  THE  PUBLIC  AT  DESIGNATED
 LOCATIONS IN THE AREA AFFECTED BY THE PROPOSED SERVICE CHANGE, INCLUDING
 AT  LEAST  ONE LOCATION WITHIN THE AREA OF JURISDICTION OF EACH AFFECTED
 COMMUNITY BOARD.
   (C) NOTICE SHALL INCLUDE:
   (I) A DETAILED DESCRIPTION OF THE PROPOSED SERVICE  CHANGE,  INCLUDING
 ANY  PROPOSED  CHANGE IN FREQUENCY OF SERVICE; A DIAGRAM OF THE PROPOSED
 CHANGES, IF ANY, IN THE ROUTE SERVED;  A  MAP  OR  DIAGRAM  OF  AFFECTED
 ACCESS FACILITIES AT PASSENGER STATIONS.
   (II)  A  PRESENTATION OF THE DATA OBTAINED BY THE AUTHORITY ON NUMBERS
 AND PATTERNS OF RIDERS AFFECTED BY THE PROPOSED CHANGE.
   (III) A DESCRIPTION OF  THE  METHODOLOGY  USED  BY  THE  AUTHORITY  IN
 OBTAINING  SUCH  DATA,  INCLUDING THE DATES AND TIMES ON WHICH COUNTS OF
 RIDERS WERE TAKEN.
   (IV)  THE  PROJECTED  IMPACT  ON  PASSENGERS,  INCLUDING  THE  AVERAGE
 INCREASE IN WAITING TIMES, IF ANY, AND THE NUMBER OF PASSENGERS AFFECTED
 BY  SUCH INCREASE; AND THE VALUE OF THE COSTS OR BENEFITS TO PASSENGERS,
 OBTAINED BY ASSIGNING A DOLLAR VALUE TO PASSENGERS' TIME, AND TO FACTORS
 SUCH AS CROWDING, SENSE OF SECURITY, AND OTHERS.
   (V) THE FINANCIAL IMPACT ON THE AUTHORITY, INCLUDING ANY COST  SAVINGS
 EXPECTED TO BE REALIZED BY THE AUTHORITY.
   (VI) A PROJECTION OF THE IMPACT ON RIDERSHIP.
   AT  EACH  AFFECTED STATION AND ON BUSES OPERATING ON EACH AFFECTED BUS
 ROUTE, POSTERS SHALL BE DISPLAYED PROVIDING A GENERAL DESCRIPTION OF THE
 PROPOSED SERVICE CHANGE, IDENTIFYING THE LOCATIONS AT WHICH THE INFORMA-
 TION REQUIRED BY THIS PARAGRAPH IS ACCESSIBLE TO THE  PUBLIC,  INFORMING
 THE  PUBLIC  OF THE DATE, TIME, AND PLACE OF THE PUBLIC HEARING OR HEAR-
 INGS AND OF THE BOARD MEETING AT WHICH THE CHANGE WILL BE ON THE AGENDA,
 AND STATING THAT THE PUBLIC MAY SPEAK AT SUCH MEETING PURSUANT TO  PARA-
 GRAPH  (C)  OF SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-THREE OF
 THIS ARTICLE. THE PUBLIC SHALL BE NOTIFIED OF ANY CHANGE IN THE TIME AND
 PLACE OF SUCH HEARING OR HEARINGS AND OF SUCH BOARD MEETING  BY  NOTICES
 AT ALL OF THE ABOVE LOCATIONS.
   (D)  THE  AUTHORITY  SHALL  PERFORM  PASSENGER  COUNTS ON THE AFFECTED
 SERVICES SIX MONTHS AFTER IMPLEMENTATION  OF  EACH  SUBSTANTIAL  SERVICE
 CHANGE.  SUCH  COUNTS, ACCOMPANIED BY THE ORIGINAL PROJECTIONS OF IMPACT
 ON RIDERSHIP, SHALL BE REPORTED TO THE BOARD AND THE PUBLIC.
   (E) 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.

 A. 3309                             3
 
   §  2.  Paragraph  (c)  of  subdivision 4 of section 1263 of the public
 authorities law, as added by chapter 247 of the laws of 1990, is amended
 to read as follows:
   (c)  The  [chairman] CHAIRPERSON shall ensure that at every meeting of
 the board and at every meeting of each committee  the  public  shall  be
 allotted a period of time, not less than thirty minutes, to speak on any
 topic  on the agenda. EACH SPEAKER  SHALL BE ALLOTTED NOT LESS THAN FIVE
 MINUTES OF SPEAKING TIME, EXCEPT THAT  WHEN  THE  NUMBER  OF  REGISTERED
 SPEAKERS  IS SUCH THAT THE THIRTY MINUTE DURATION WOULD BE SUBSTANTIALLY
 EXCEEDED, THE ALLOTTED SPEAKING TIMES MAY BE REDUCED TO  NOT  LESS  THAN
 THREE  MINUTES.  THE  CHAIRPERSON MAY, AT HIS OR HER DISCRETION, END THE
 PUBLIC SPEAKING PERIOD AFTER SEVENTY-FIVE  MINUTES.  AGENDAS  FOR  EVERY
 MEETING  OF  THE BOARD AND EVERY MEETING OF EACH COMMITTEE THEREOF SHALL
 BE MADE AVAILABLE FOR INSPECTION BY THE PUBLIC NOT LESS THAN SEVEN  DAYS
 PRIOR  TO EACH MEETING AT THE HEADQUARTERS OF THE AUTHORITY AND AT LEAST
 ONE DESIGNATED LOCATION WITHIN EACH COUNTY WHERE THE AUTHORITY  PROVIDES
 SERVICE.
   THE  MINUTES  OF  EACH MEETING SHALL RECORD THE COMMENTS OF THE PUBLIC
 SPEAKERS WITH THE SAME LEVEL OF DETAIL AS IS ACCORDED TO ANY OTHER  PART
 OF THE AGENDA.
   § 3. This act shall take effect immediately.