Bill Text: NY A03869 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to corporations, authorities and commissions [A03869 Detail]
Download: New_York-2021-A03869-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3869 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ 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: 1 Section 1. Section 1205 of the public authorities law is amended by 2 adding a new subdivision 9 to read as follows: 3 9. (a) For purposes of this subdivision, "substantial change in 4 service" means: 5 (i) any change in frequency of service of a surface route or rapid 6 transit route which results in a change of twenty-five percent or more 7 during any two consecutive hours at any rapid transit station, or on any 8 portion at least one-half mile in length of any surface route, compared 9 with the highest level of service provided during the same such hours in 10 the previous three years; provided, however, that where a substantial 11 change in service frequency on such route at such hours has been imple- 12 mented pursuant to the provisions of this section within the previous 13 three years, any subsequent change in service shall be deemed substan- 14 tial only if it results in a change in frequency of service of twenty- 15 five percent or more during any two consecutive hours at any rapid tran- 16 sit station, or on any portion at least one-half mile in length of any 17 surface route, compared with the highest level of service provided 18 during the same such hours during the period of time commencing with the 19 date of implementation of such preceding substantial change in service; 20 or 21 (ii) any complete or partial closing of a passenger station within the 22 city of New York, or any means of public access to such facility. 23 (b) On and after September first, two thousand twenty-two, no substan- 24 tial change in service furnished upon the rapid transit facilities or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03700-01-1A. 3869 2 1 the omnibus line facilities of the authority shall be instituted, except 2 upon approval by resolution of the committee on operations of the New 3 York city transit authority and approval by resolution of the metropol- 4 itan transportation authority, and only after a public hearing or hear- 5 ings held by the board of the metropolitan transportation authority in 6 the county or counties wherein the substantial change in service will 7 have an impact. 8 Such hearing shall be held not less than thirty days after notice of 9 such proposed service change has been given to, and comments solicited 10 from, the New York city transit authority advisory council and the 11 community board or boards as established pursuant to the New York city 12 charter whose areas of jurisdiction include part or all of the surface 13 or rapid transit route, or passenger station, affected by the change. 14 Notice accompanied by the information specified in paragraph (c) of this 15 subdivision shall be made accessible to the public at designated 16 locations in the area affected by the proposed service change, including 17 at least one location within the area of jurisdiction of each affected 18 community board. 19 (c) Notice shall include: 20 (i) a detailed description of the proposed service change, including 21 any proposed change in frequency of service; a diagram of the proposed 22 changes, if any, in the route served; a map or diagram of affected 23 access facilities at passenger stations. 24 (ii) a presentation of the data obtained by the authority on numbers 25 and patterns of riders affected by the proposed change. 26 (iii) a description of the methodology used by the authority in 27 obtaining such data, including the dates and times on which counts of 28 riders were taken. 29 (iv) the projected impact on passengers, including the average 30 increase in waiting times, if any, and the number of passengers affected 31 by such increase; and the value of the costs or benefits to passengers, 32 obtained by assigning a dollar value to passengers' time, and to factors 33 such as crowding, sense of security, and others. 34 (v) the financial impact on the authority, including any cost savings 35 expected to be realized by the authority. 36 (vi) a projection of the impact on ridership. 37 At each affected station and on buses operating on each affected bus 38 route, posters shall be displayed providing a general description of the 39 proposed service change, identifying the locations at which the informa- 40 tion required by this paragraph is accessible to the public, informing 41 the public of the date, time, and place of the public hearing or hear- 42 ings and of the board meeting at which the change will be on the agenda, 43 and stating that the public may speak at such meeting pursuant to para- 44 graph (c) of subdivision four of section twelve hundred sixty-three of 45 this article. The public shall be notified of any change in the time and 46 place of such hearing or hearings and of such board meeting by notices 47 at all of the above locations. 48 (d) The authority shall perform passenger counts on the affected 49 services six months after implementation of each substantial service 50 change. Such counts, accompanied by the original projections of impact 51 on ridership, shall be reported to the board and the public. 52 (e) This subdivision shall not apply to substantial changes in service 53 with a projected duration of less than one hundred eighty days, nor to 54 substantial changes in service resulting from an emergency such that 55 public hearings cannot take place without imperiling the safety of 56 passengers.A. 3869 3 1 § 2. Paragraph (c) of subdivision 4 of section 1263 of the public 2 authorities law, as added by chapter 247 of the laws of 1990, is amended 3 to read as follows: 4 (c) The [chairman] chairperson shall ensure that at every meeting of 5 the board and at every meeting of each committee the public shall be 6 allotted a period of time, not less than thirty minutes, to speak on any 7 topic on the agenda. Each speaker shall be allotted not less than five 8 minutes of speaking time, except that when the number of registered 9 speakers is such that the thirty minute duration would be substantially 10 exceeded, the allotted speaking times may be reduced to not less than 11 three minutes. The chairperson may, at his or her discretion, end the 12 public speaking period after seventy-five minutes. Agendas for every 13 meeting of the board and every meeting of each committee thereof shall 14 be made available for inspection by the public not less than seven days 15 prior to each meeting at the headquarters of the authority and at least 16 one designated location within each county where the authority provides 17 service. 18 The minutes of each meeting shall record the comments of the public 19 speakers with the same level of detail as is accorded to any other part 20 of the agenda. 21 § 3. This act shall take effect immediately.
