NY State Senate Bill 2023-S2876

Senate Bill S2876

2023-2024 Legislative Session

Requires a public hearing for substantial change in transit authority service by the New York city transit authority

download bill text pdf

Current 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
Jan 03, 2024	referred to transportation
Jan 25, 2023	referred to transportation

2023-S2876 (ACTIVE) - Details

See Assembly Version of this Bill:: A9583
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §§1205 & 1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1374, A1335
2011-2012: S1216, A639
2013-2014: S466, A5854
2015-2016: S3170, A1453
2017-2018: S6263, A6890
2019-2020: S2532, A3309
2021-2022: S5817, A3869

2023-S2876 (ACTIVE) - Summary

Conditions the institution of any substantial change in surface route or rapid transit route service upon approval by the metropolitan transportation authority and committee on operations of the NYC transit authority and upon public hearing; sets allotted individual and aggregate speaking time during such hearings.

2023-S2876 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2876

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to requiring
public notice and hearing prior to any planned substantial change in
service

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow for public comment and adequate notice thereof, prior to the
implementation of proposed changes in the levels of subway or bus
service; and to encourage public speaking at board and committee meet-
ings by specifying minimum speaking times to be allotted to each speak-
er.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1205 of the public authorities law is amended by adding a new.
subdivision 9:

Requires NYCTA to obtain approval by resolution of the committee on
operations of the NYCTA and the MTA Board to hold a public hearing in
the affected county(ies) prior to any substantial change in service.

* Defines a substantial change in service.

* Requires further hearings for additional changes if substantial chang-
es in service were made within previous three years.

* includes complete or partial closing of a passenger station as a
substantial change

* Defines notice of hearing(s) to be given to affected communities

* Requires posters describing proposed change at affected stations and
on buses on affected routes, where detailed information is available and
date, time and place of hearing(s) and right of public to speak.  Para-
graph (c) of subdivision 4 of section 1263 of the public authorities law
as added by chapter 247 of the laws of 1990 is amended.

* Describes allowable public speaking

* Requires that public comments be recorded in the minutes.

* Requires agendas for the meeting(s) be made available to the public.

 
JUSTIFICATION:

This legislation has four objectives:

(1) Provide Sunshine Law for NYCTA Service Changes. The legislation will
ensure that the data collection and analysis performed by the NYCTA
prior to proposing a service change is adequate, and is subject to
detailed scrutiny by the MTA board and the public. Most, of the data
collection and analysis stipulated in this legislation is already being
performed by NYCTA planning staff. However, when the NYCTA proposes
service changes, minimal information is presented to the board, and even
less to the public. The quality of NYCTA's service change planning will
be significantly improved by opening up the process to detailed public
scrutiny.

(2) Provide public Input Before Service Changes are Implemented. The
legislation will give the public the opportunity to comment on the tech-
nical analysis presented by NYCTA staff, and also to present other rele-
vant issues. Service changes on buses and subways often have impacts on
riders that are not apparent from studying ridership figures alone. Many
New Yorkers decide where to live based on available mass transit and,
especially for the elderly and disabled, a service change that may
appear minor may have a major impact on the quality of rider's lives.
Because such facts are often not apparent from ridership studies alone,
a public hearing is essential to bring to light information that may
otherwise be unavailable. Public hearings would therefore allow those
affected by cuts and other interested parties to present important
information to the committee on NYCTA operators for its consideration.

(3) Improve Public Speaking at. MTA Board and Committee Meetings. The
legislation strengthens requirements concerning public speaking at meet-
ings of the MTA Board and its committees. Currently, the MTA discourages
public speakers by limiting their comments to a maximum of two minutes;
by restricting comments to topics on the agenda, while making the agenda
unavailable to the public until minutes before each meeting; and by not
recording the comments of public speakers in the minutes. The legis-
lation is specifically designed to correct these abuses. It stipulates
that more adequate speaking times shall be provided and may be shortened
only when, necessary to permit the Board to proceed with its agenda
withinò a reasonable time, and it requires that agendas shall be avail-
able for public inspection at easily accessible locations throughout
MTA's service territory well in advance of each meeting of the MTA Board
and each of its committees.

(4) Enhance Oversight by MTA Board. An intended and desirable effect of
this legislation is that MTA Board members, as well as the public, shall
have at least seven days to review agendas for meetings of the MTA Board
and its committees. Currently, nothing prevents the MTA from giving
draft agendas to Board members as little as forty-eight hours prior to a
committee or Board meeting, and final agendas only a few hours prior to
a committee meeting. At a typical meeting, the MTA Board is asked to
authorize the expenditure of tens of, millions of dollars, and frequent-
ly-hundreds of millions of dollars of public funds by guaranteeing that
Board members shall have at least seven days to review proposed MTA
expenditures, this legislation will significantly enhance the MTA
Board's ability to discharge its responsibilities.

 
PRIOR LEGISLATIVE HISTORY:

S5817 2022

S 6263 COMRIE Same as A6890 Dickens

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2876 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2876
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 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  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-FOUR,  NO
 SUBSTANTIAL  CHANGE  IN SERVICE FURNISHED UPON THE RAPID TRANSIT FACILI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04608-01-3

 S. 2876                             2
 
 TIES OR THE OMNIBUS LINE FACILITIES OF THE  AUTHORITY  SHALL  BE  INSTI-
 TUTED, EXCEPT UPON APPROVAL BY RESOLUTION OF THE COMMITTEE ON OPERATIONS
 OF THE NEW YORK CITY TRANSIT AUTHORITY AND APPROVAL BY RESOLUTION OF THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY, AND ONLY AFTER A PUBLIC HEARING
 OR HEARINGS HELD BY THE BOARD OF THE METROPOLITAN TRANSPORTATION AUTHOR-
 ITY 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.
 S. 2876                             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.

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