NY State Senate Bill S8328

Current Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 11, 2020	referred to transportation

Co-Sponsors

S8328 (ACTIVE) - Details

See Assembly Version of this Bill:: A10445
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1202, 1205 & 1264, Pub Auth L

S8328 (ACTIVE) - Summary

Requires the New York City transit authority to operate its facilities and level of service on a daily twenty-four hour basis unless a declared state of emergency is in effect, requires the New York City transit authority or the metropolitan transportation authority to require that the levels of service furnished upon the rapid transit facilities maintained in the city of New York provide continuous service for twenty-four hours a day when a declared state of emergency is not in effect, and requires the Metropolitan transportation authority to require that the New York City transit authority railroad facilities and levels of service to be operated and maintained on a daily twenty-four hour basis unless a declared state of emergency is in effect.

S8328 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8328

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to requiring the
New York City transit authority to operate its facilities and level of
service on a daily twenty-four hour basis unless a declared state of
emergency is in effect, requiring the New York City transit authority or
the metropolitan transportation authority subway system to require that
the levels of service furnished upon the rapid transit facilities main-
tained in the city of New York provide continuous service for twenty-
four hours a day when a declared state of emergency is not in effect,
and requiring the metropolitan transportation authority to require the
New York City transit authority railroad facilities and levels of
service to be operated and maintained on a daily twenty-four hour basis
unless a declared state of emergency is in effect

 
PURPOSE OF BILL:

The purpose of this legislation is to require the New York City subway
and bus systems to offer continuous 24/7 service when a declared state

of emergency is not in effect.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Section 1202 of the Public Authorities Law,
which sets forth the purposes of the New York City Transit Authority
(NYCTA), to provide that the NYCTA's transit facilities shall be contin-
uously operated on a daily twenty-four hour basis unless a declared
state of emergency is in effect.

Section 2 of the bill amends Section 1205 of the Public Authorities Law,
which relates to rates of fare and levels of service of the NYCTA's
facilities, to add a new subdivision 9 requiring the NYCTA or the Metro-
politan Transportation Authority (MTA) to require that the levels of
service furnished upon the NYCTA's rapid transit facilities in NYC shall
provide continuous daily service for 24 hours a day except when a
declared state of emergency is in effect. Sub. 9 would also provide that
in the event of a reduction in service during a declared state of emer-
gency, there shall be no substantial or general change in the levels of
service furnished upon such facilities after the emergency has been
lifted relative to the time before such emergency declaration, except
upon the approval of a majority of the entire board of both the MTA and
NYCTA.

Section 3 of the bill amends Section 1264 of the Public Authorities Law,
which sets forth the purposes of the MTA, to provide that the MTA's
unified mass transportation policy shall include maintenance of contin-
uous operation of the NYCTA's transit facilities and levels of service
on a daily twenty-four hour basis unless a declared state of emergency
is in effect.

 
JUSTIFICATION:

The COVID-19 pandemic has required New York State to take many
unprecedented steps in order to keep New Yorkers safe and ensure that
our state continues to maintain essential functions, such as closing
down schools, libraries, and most businesses, ordering people to wear
masks and practice "social distancing," and asking people to stay in
their homes whenever possible.

Another step which literally has no precedent is the decision, beginning
in the early hours of May 6, 2020, to close the New York City subway
system overnight from 1 am - 5am in order to thoroughly clean and disin-
fect it. This marks the first time that the subway has intentionally
shut down overnight since it opened 115 years ago.  The subway is the
lifeblood of "The City That Never Sleeps" - a public utility that keeps
New York City moving at all hours of the day and night. It is an abso-
lutely essential method of transportation for millions of New Yorkers,
many of whom have few alternative options for swift travel to places
like work, school, and health care facilities.

This pandemic has required New York's government to make many terribly
difficult choices. Public health experts tell us it is necessary to
temporarily close the subway overnight in order to protect public
health, which continues to be the highest calling of all public offi-
cials.

However, once the worst effects of the COVID-19 pandemic are behind us
and our State of Emergency is lifted, the MTA and NYC Transit Authority
must restore the 24/7 service New Yorkers have relied on for decades. We
cannot let this virus leave behind a city that is less vibrant, less
connected or less equitable than it was before To accomplish this goal,
this bill would require the NYC subway and bus systems to offer contin-
uous 24/7 service when a declared state of emergency is not in effect.

 
PRIOR LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8328 (ACTIVE) - Bill Text download pdf


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

                                  8328

                            I N  S E N A T E

                              May 11, 2020
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to requiring the
  New York City transit authority to operate its facilities and level of
  service on a daily twenty-four hour basis unless a declared  state  of
  emergency  is in effect, requiring the New York City transit authority
  or the metropolitan transportation authority subway system to  require
  that the levels of service furnished upon the rapid transit facilities
  maintained  in  the  city  of  New York provide continuous service for
  twenty-four hours a day when a declared state of emergency is  not  in
  effect,  and  requiring  the  metropolitan transportation authority to
  require the New York City transit authority  railroad  facilities  and
  levels of service to be operated and maintained on a daily twenty-four
  hour basis unless a declared state of emergency is in effect

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 1202  of  the  public  authorities
law,  as  amended  by  section 12 of part O of chapter 61 of the laws of
2000, is amended to read as follows:
  1. The purposes of the authority shall be the acquisition of the tran-
sit facilities operated by the board of transportation of the city,  the
operation  of  transit  facilities  in accordance with the provisions of
this title for the convenience and safety of the public on a basis which
will enable the operations thereof, exclusive of capital  costs,  to  be
self-sustaining  AND  CONTINUOUSLY  OPERATED ON A DAILY TWENTY-FOUR HOUR
BASIS UNLESS A DECLARED STATE OF EMERGENCY IS IN EFFECT, and, in coordi-
nation with the metropolitan transportation authority and the Triborough
bridge and tunnel authority, the continuance,  further  development  and
improvement of commuter transportation and other services related there-
to  within  the  metropolitan  commuter  transportation district and the
development and implementation of a unified mass  transportation  policy
for such district.
  § 2. Section 1205 of the public authorities law is amended by adding a
new subdivision 9 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD16314-03-0

S. 8328                             2

  9.  SUBJECT TO THE PROVISIONS OF THIS SECTION AND ANY OTHER APPLICABLE
PROVISIONS OF LAW, THE  AUTHORITY  OR  THE  METROPOLITAN  TRANSPORTATION
AUTHORITY  SHALL  REQUIRE  THAT THE LEVELS OF SERVICE FURNISHED UPON THE
RAPID TRANSIT FACILITIES IT MAINTAINS IN THE  CITY  OF  NEW  YORK  SHALL
PROVIDE CONTINUOUS DAILY SERVICE FOR TWENTY-FOUR HOURS A DAY EXCEPT WHEN
A  DECLARED STATE OF EMERGENCY IS IN EFFECT. IN THE EVENT OF A REDUCTION
IN SERVICE DURING A DECLARED STATE  OF  EMERGENCY,  THERE  SHALL  BE  NO
SUBSTANTIAL  OR  GENERAL  CHANGE IN THE LEVELS OF SERVICE FURNISHED UPON
SUCH RAPID TRANSIT FACILITIES AFTER THE EMERGENCY HAS BEEN LIFTED  RELA-
TIVE  TO THE TIME BEFORE SUCH STATE OF EMERGENCY DECLARATION EXCEPT UPON
THE APPROVAL OF A MAJORITY OF THE ENTIRE  BOARD  OF  THE  AUTHORITY  AND
APPROVAL OF A MAJORITY OF THE ENTIRE BOARD OF THE METROPOLITAN TRANSPOR-
TATION  AUTHORITY.  NO  SUBSTANTIAL  OR GENERAL CHANGES IN THE LEVELS OF
SERVICE OR COMPLETE OR PARTIAL CLOSING OF A PASSENGER STATION WITHIN THE
CITY OF NEW YORK SHALL OCCUR EXCEPT IN ACCORDANCE WITH THIS ARTICLE.
  § 3. Subdivision 1 of section 1264 of the public authorities  law,  as
amended  by section 2 of subpart B of part ZZZ of chapter 59 of the laws
of 2019, is amended to read as follows:
  1. The purposes of the authority shall  be  the  continuance,  further
development   and  improvement  of  commuter  transportation  and  other
services related thereto within the metropolitan commuter transportation
district, including but not limited to such transportation by  railroad,
omnibus,  marine  and  air,  in  accordance  with the provisions of this
title. It shall be the further purpose of the authority, consistent with
its status as the ex officio board of both the  New  York  city  transit
authority  and  the [triborough] TRIBOROUGH bridge and tunnel authority,
to develop and implement a unified mass transportation policy  for  such
district in an efficient and cost-effective manner that includes MAINTE-
NANCE  OF  CONTINUOUS  OPERATIONS OF THE NEW YORK CITY TRANSIT AUTHORITY
RAILROAD FACILITIES AND LEVELS OF SERVICE ON A  DAILY  TWENTY-FOUR  HOUR
BASIS  UNLESS  A DECLARED STATE OF EMERGENCY IS IN EFFECT AND the use of
design-build  contracting  on  all  projects  over  twenty-five  million
dollars  in  cost except where a waiver is granted by the New York state
budget director pursuant to a request in writing from  the  metropolitan
transportation  authority. For purposes of granting a waiver pursuant to
this section, such  review  shall  consider  whether  the  design  build
contracting  method  is  appropriate for the project that such waiver is
sought for, and the amount of savings and  efficiencies  that  could  be
achieved  using  such method. The determination for such waiver shall be
made in writing within forty-five days from request or shall  be  deemed
granted.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S8328

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

Your Voice

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Co-Sponsors

S8328 (ACTIVE) - Details

S8328 (ACTIVE) - Summary

S8328 (ACTIVE) - Sponsor Memo

S8328 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8328

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Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

Your Voice

Actions

Co-Sponsors

S8328 (ACTIVE) - Details

S8328 (ACTIVE) - Summary

S8328 (ACTIVE) - Sponsor Memo

S8328 (ACTIVE) - Bill Text download pdf

Comments