Bill Text: NY A05854 | 2013-2014 | General Assembly | Amended
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) 2014-06-03 - held for consideration in corporations, authorities and commissions [A05854 Detail]
Download: New_York-2013-A05854-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5854--A
2013-2014 Regular Sessions
I N A S S E M B L Y
March 7, 2013
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Corporations, Authorities and Commissions -- recommitted to the
Committee on Corporations, Authorities and Commissions in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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
15 TWENTY-FIVE PERCENT OR MORE DURING ANY TWO CONSECUTIVE HOURS AT ANY
16 RAPID TRANSIT STATION, OR ON ANY PORTION AT LEAST ONE-HALF MILE IN
17 LENGTH OF ANY SURFACE ROUTE, COMPARED WITH THE HIGHEST LEVEL OF SERVICE
18 PROVIDED DURING THE SAME SUCH HOURS DURING THE PERIOD OF TIME COMMENCING
19 WITH THE DATE OF IMPLEMENTATION OF SUCH PRECEDING SUBSTANTIAL CHANGE IN
20 SERVICE; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00747-03-4
A. 5854--A 2
1 (II) ANY COMPLETE OR PARTIAL CLOSING OF A PASSENGER STATION WITHIN THE
2 CITY OF NEW YORK, OR ANY MEANS OF PUBLIC ACCESS TO SUCH FACILITY.
3 (B) ON AND AFTER SEPTEMBER FIRST, TWO THOUSAND FIFTEEN, NO SUBSTANTIAL
4 CHANGE IN SERVICE FURNISHED UPON THE RAPID TRANSIT FACILITIES OR THE
5 OMNIBUS LINE FACILITIES OF THE AUTHORITY SHALL BE INSTITUTED, EXCEPT
6 UPON APPROVAL BY RESOLUTION OF THE COMMITTEE ON OPERATIONS OF THE NEW
7 YORK CITY TRANSIT AUTHORITY AND APPROVAL BY RESOLUTION OF THE METROPOL-
8 ITAN TRANSPORTATION AUTHORITY, AND ONLY AFTER A PUBLIC HEARING OR HEAR-
9 INGS HELD BY THE BOARD OF THE METROPOLITAN TRANSPORTATION AUTHORITY IN
10 THE COUNTY OR COUNTIES WHEREIN THE SUBSTANTIAL CHANGE IN SERVICE WILL
11 HAVE AN IMPACT.
12 SUCH HEARING SHALL BE HELD NOT LESS THAN THIRTY DAYS AFTER NOTICE OF
13 SUCH PROPOSED SERVICE CHANGE HAS BEEN GIVEN TO, AND COMMENTS SOLICITED
14 FROM, THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL AND THE
15 COMMUNITY BOARD OR BOARDS AS ESTABLISHED PURSUANT TO THE NEW YORK CITY
16 CHARTER WHOSE AREAS OF JURISDICTION INCLUDE PART OR ALL OF THE SURFACE
17 OR RAPID TRANSIT ROUTE, OR PASSENGER STATION, AFFECTED BY THE CHANGE.
18 NOTICE ACCOMPANIED BY THE INFORMATION SPECIFIED IN PARAGRAPH (C) OF THIS
19 SUBDIVISION SHALL BE MADE ACCESSIBLE TO THE PUBLIC AT DESIGNATED
20 LOCATIONS IN THE AREA AFFECTED BY THE PROPOSED SERVICE CHANGE, INCLUDING
21 AT LEAST ONE LOCATION WITHIN THE AREA OF JURISDICTION OF EACH AFFECTED
22 COMMUNITY BOARD.
23 (C) NOTICE SHALL INCLUDE:
24 (I) A DETAILED DESCRIPTION OF THE PROPOSED SERVICE CHANGE, INCLUDING
25 ANY PROPOSED CHANGE IN FREQUENCY OF SERVICE; A DIAGRAM OF THE PROPOSED
26 CHANGES, IF ANY, IN THE ROUTE SERVED; A MAP OR DIAGRAM OF AFFECTED
27 ACCESS FACILITIES AT PASSENGER STATIONS.
28 (II) A PRESENTATION OF THE DATA OBTAINED BY THE AUTHORITY ON NUMBERS
29 AND PATTERNS OF RIDERS AFFECTED BY THE PROPOSED CHANGE.
30 (III) A DESCRIPTION OF THE METHODOLOGY USED BY THE AUTHORITY IN
31 OBTAINING SUCH DATA, INCLUDING THE DATES AND TIMES ON WHICH COUNTS OF
32 RIDERS WERE TAKEN.
33 (IV) THE PROJECTED IMPACT ON PASSENGERS, INCLUDING THE AVERAGE
34 INCREASE IN WAITING TIMES, IF ANY, AND THE NUMBER OF PASSENGERS AFFECTED
35 BY SUCH INCREASE; AND THE VALUE OF THE COSTS OR BENEFITS TO PASSENGERS,
36 OBTAINED BY ASSIGNING A DOLLAR VALUE TO PASSENGERS' TIME, AND TO FACTORS
37 SUCH AS CROWDING, SENSE OF SECURITY, AND OTHERS.
38 (V) THE FINANCIAL IMPACT ON THE AUTHORITY, INCLUDING ANY COST SAVINGS
39 EXPECTED TO BE REALIZED BY THE AUTHORITY.
40 (VI) A PROJECTION OF THE IMPACT ON RIDERSHIP.
41 AT EACH AFFECTED STATION AND ON BUSES OPERATING ON EACH AFFECTED BUS
42 ROUTE, POSTERS SHALL BE DISPLAYED PROVIDING A GENERAL DESCRIPTION OF THE
43 PROPOSED SERVICE CHANGE, IDENTIFYING THE LOCATIONS AT WHICH THE INFORMA-
44 TION REQUIRED BY THIS PARAGRAPH IS ACCESSIBLE TO THE PUBLIC, INFORMING
45 THE PUBLIC OF THE DATE, TIME, AND PLACE OF THE PUBLIC HEARING OR HEAR-
46 INGS AND OF THE BOARD MEETING AT WHICH THE CHANGE WILL BE ON THE AGENDA,
47 AND STATING THAT THE PUBLIC MAY SPEAK AT SUCH MEETING PURSUANT TO PARA-
48 GRAPH (C) OF SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-THREE OF
49 THIS ARTICLE. THE PUBLIC SHALL BE NOTIFIED OF ANY CHANGE IN THE TIME AND
50 PLACE OF SUCH HEARING OR HEARINGS AND OF SUCH BOARD MEETING BY NOTICES
51 AT ALL OF THE ABOVE LOCATIONS.
52 (D) THE AUTHORITY SHALL PERFORM PASSENGER COUNTS ON THE AFFECTED
53 SERVICES SIX MONTHS AFTER IMPLEMENTATION OF EACH SUBSTANTIAL SERVICE
54 CHANGE. SUCH COUNTS, ACCOMPANIED BY THE ORIGINAL PROJECTIONS OF IMPACT
55 ON RIDERSHIP, SHALL BE REPORTED TO THE BOARD AND THE PUBLIC.
A. 5854--A 3
1 (E) THIS SUBDIVISION SHALL NOT APPLY TO SUBSTANTIAL CHANGES IN SERVICE
2 WITH A PROJECTED DURATION OF LESS THAN ONE HUNDRED EIGHTY DAYS, NOR TO
3 SUBSTANTIAL CHANGES IN SERVICE RESULTING FROM AN EMERGENCY SUCH THAT
4 PUBLIC HEARINGS CANNOT TAKE PLACE WITHOUT IMPERILING THE SAFETY OF
5 PASSENGERS.
6 S 2. Paragraph (c) of subdivision 4 of section 1263 of the public
7 authorities law, as added by chapter 247 of the laws of 1990, is amended
8 to read as follows:
9 (c) The [chairman] CHAIRPERSON shall ensure that at every meeting of
10 the board and at every meeting of each committee the public shall be
11 allotted a period of time, not less than thirty minutes, to speak on any
12 topic on the agenda. EACH SPEAKER SHALL BE ALLOTTED NOT LESS THAN FIVE
13 MINUTES OF SPEAKING TIME, EXCEPT THAT WHEN THE NUMBER OF REGISTERED
14 SPEAKERS IS SUCH THAT THE THIRTY MINUTE DURATION WOULD BE SUBSTANTIALLY
15 EXCEEDED, THE ALLOTTED SPEAKING TIMES MAY BE REDUCED TO NOT LESS THAN
16 THREE MINUTES. THE CHAIRPERSON MAY, AT HIS OR HER DISCRETION, END THE
17 PUBLIC SPEAKING PERIOD AFTER SEVENTY-FIVE MINUTES. AGENDAS FOR EVERY
18 MEETING OF THE BOARD AND EVERY MEETING OF EACH COMMITTEE THEREOF SHALL
19 BE MADE AVAILABLE FOR INSPECTION BY THE PUBLIC NOT LESS THAN SEVEN DAYS
20 PRIOR TO EACH MEETING AT THE HEADQUARTERS OF THE AUTHORITY AND AT LEAST
21 ONE DESIGNATED LOCATION WITHIN EACH COUNTY WHERE THE AUTHORITY PROVIDES
22 SERVICE.
23 THE MINUTES OF EACH MEETING SHALL RECORD THE COMMENTS OF THE PUBLIC
24 SPEAKERS WITH THE SAME LEVEL OF DETAIL AS IS ACCORDED TO ANY OTHER PART
25 OF THE AGENDA.
26 S 3. This act shall take effect immediately.
