Senate Bill S5792

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5792
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  creating  a
   New  York  city  transit  authority safety advisory panel to study and
   report on safety from terrorist acts and to provide for  a  moratorium
   on  the  closing of token booths and minimum staffing levels on trains
   operated in passenger service in the New York city transit system
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "transit authority passenger security and safety act".
   § 2. The public authorities law is amended by  adding  a  new  section
 1204-f to read as follows:
   § 1204-F. MINIMUM STAFFING OF TRAINS OPERATED IN PASSENGER SERVICE. 1.
 THE  LEGISLATURE  FINDS  THAT THE PRESENCE OF TRAIN CONDUCTORS AND TRAIN
 OPERATORS ON SUBWAY TRAINS OPERATED BY  THE  AUTHORITY  IS  PARTICULARLY
 ESSENTIAL  TO  THE SAFETY OF PASSENGERS WHEN EMERGENCIES ARISE INCLUDING
 WHEN TRAINS ARE IN TUNNELS UNDER BODIES OF WATER  OR  ON  BRIDGES,  WHEN
 TRAINS  ARE  LONG  OR  COMPOSED  OF NUMEROUS CARS, AND DURING PERIODS OF
 HEAVY PASSENGER VOLUME.
   2. THE AUTHORITY SHALL INSURE THAT AT LEAST ONE TRAIN OPERATOR AND ONE
 CONDUCTOR SHALL BE DEPLOYED ON EACH AND EVERY TRAIN IN PASSENGER SERVICE
 WHICH MEETS ONE OF THE FOLLOWING CONDITIONS:
   A. THE TRAIN IS MADE UP OF MORE THAN FOUR RAILROAD CARS OR IS  GREATER
 THAN THREE HUNDRED SIXTY FEET IN LENGTH; OR
   B.  THE TRAIN SERVES PASSENGERS ON A LINE THAT PASSES THROUGH A TUNNEL
 UNDER A RIVER OR TIDAL ESTUARY OR ON BRIDGES; OR
   C. THE TRAIN IS OPERATING IN PASSENGER SERVICE ON  A  LINE  WHERE  THE
 POTENTIAL  PASSENGER LOAD ON THE TRAIN AT ANY POINT IN TIME IS IN EXCESS
 OF SEVEN HUNDRED FIFTY PASSENGERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03713-01-1
              

 S. 5792                             2
 
   § 3. The public authorities law is amended by  adding  a  new  section
 1205-b to read as follows:
   §  1205-B.  NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL.  1.
 A. THERE IS HEREBY CREATED THE NEW YORK CITY  TRANSIT  AUTHORITY  SAFETY
 ADVISORY  PANEL, TO STUDY, MONITOR AND MAKE RECOMMENDATIONS WITH RESPECT
 TO THE PUBLIC SAFETY FROM TERRORIST THREATS  AND  CRIMINAL  MISCHIEF  IN
 PASSENGER  STATIONS  OF  THE  AUTHORITY, ITS SUBSIDIARIES AND THE STATEN
 ISLAND RAPID TRANSIT OPERATING AUTHORITY.
   B. THE NEW YORK CITY TRANSIT AUTHORITY  SAFETY  ADVISORY  PANEL  SHALL
 CONSIST  OF SEVEN MEMBERS APPOINTED BY THE GOVERNOR, OF WHOM TWO MEMBERS
 SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF
 THE SENATE AND TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF
 THE SPEAKER OF THE ASSEMBLY. THE MEMBERS OF THE NEW  YORK  CITY  TRANSIT
 AUTHORITY  SAFETY ADVISORY PANEL SHALL BE SELECTED FROM THE LAW ENFORCE-
 MENT, EMERGENCY RESPONSE MANAGEMENT, WORKER AND RIDER ADVOCATE  COMMUNI-
 TIES  AND  SHALL  INCLUDE  AT  LEAST THREE MEMBERS WHO ARE COMMUTERS WHO
 REGULARLY USE THE TRANSPORTATION SERVICES OF THE AUTHORITIES REFERRED TO
 IN PARAGRAPH A OF THIS SUBDIVISION. THE CHAIRPERSON SHALL  BE  A  MEMBER
 SELECTED  BY  THE MEMBERSHIP OF THE COMMITTEE. VACANCIES OCCURRING SHALL
 BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENTS.
   C. THE MEMBERS OF THE NEW YORK CITY TRANSIT AUTHORITY SAFETY  ADVISORY
 PANEL  SHALL  RECEIVE  NO  COMPENSATION  FOR THEIR SERVICES BUT SHALL BE
 REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
 OF THEIR DUTIES.
   2. A. THE NEW YORK CITY TRANSIT AUTHORITY SAFETY ADVISORY PANEL  SHALL
 UNDERTAKE  A  STUDY  TO  EVALUATE  THE  RANGE OF STRATEGIES AVAILABLE TO
 ENSURE THE SAFETY OF THE PUBLIC, INCLUDING ITS INGRESS AND  EGRESS  FROM
 PASSENGER  STATIONS,  AND  ALL  MEANS OF DETERRING TERRORIST ATTACKS AND
 CRIMINAL MISCHIEF. SUCH STUDY SHALL BE SUBMITTED TO THE GOVERNOR AND THE
 LEGISLATURE, AND MADE AVAILABLE TO THE PUBLIC, WITHIN THREE YEARS OF THE
 EFFECTIVE DATE OF THIS SECTION. SUCH REPORT SHALL BE MADE  AVAILABLE  TO
 THE  PUBLIC IMMEDIATELY FOLLOWING ITS SUBMISSION TO THE GOVERNOR AND THE
 LEGISLATURE.
   B. NO TOKEN BOOTHS WITHIN THE PASSENGER STATIONS OF THE AUTHORITY, ITS
 SUBSIDIARIES OR THE STATEN  ISLAND  RAPID  TRANSIT  OPERATING  AUTHORITY
 SHALL  BE  CLOSED  OR PARTIALLY CLOSED, EXCEPT FOR PURPOSES OF REPAIR OR
 RENOVATION OR IN CASE OF EMERGENCY, UNTIL THE LATER OF JULY  FIRST,  TWO
 THOUSAND  TWENTY-THREE  OR  THE  DATE  OF THE SUBMISSION OF THE ADVISORY
 PANEL'S REPORT TO THE GOVERNOR AND THE LEGISLATURE.
   3. THE NEW YORK CITY  TRANSIT  AUTHORITY  SAFETY  ADVISORY  PANEL  MAY
 REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION, AGENCY, PUBLIC AUTHORITY OF THE STATE OR ANY PUBLIC SUBDIVI-
 SION THEREOF SUCH ASSISTANCE AND DATA AS  WILL  ENABLE  IT  TO  PROPERLY
 CARRY  OUT  ITS  ACTIVITIES  AND TO EFFECTUATE THE PURPOSES SET FORTH IN
 THIS SECTION.
   § 4. This act shall take effect immediately.