A04578 Summary:

BILL NOA04578A
 
SAME ASSAME AS S04313-B
 
SPONSORSilver
 
COSPNSRMeng
 
MLTSPNSRNolan
 
Add S1642-a, V & T L
 
Establishes an intercity bus service permit system in cities having a population of one million or more; defines terms; provides exemptions; imposes civil penalties for violations; requires a public hearing.
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A04578 Actions:

BILL NOA04578A
 
02/04/2011referred to transportation
03/30/2011reported referred to codes
03/30/2011reported
03/31/2011advanced to third reading cal.168
04/04/2011home rule request
04/04/2011passed assembly
04/04/2011delivered to senate
04/04/2011REFERRED TO TRANSPORTATION
01/04/2012DIED IN SENATE
01/04/2012RETURNED TO ASSEMBLY
01/04/2012referred to transportation
04/30/2012amend (t) and recommit to transportation
04/30/2012print number 4578a
06/12/2012reported referred to codes
06/12/2012reported referred to rules
06/13/2012reported
06/13/2012rules report cal.148
06/13/2012ordered to third reading rules cal.148
06/14/2012substituted by s4313b
 S04313 AMEND=B GOLDEN
 03/29/2011REFERRED TO TRANSPORTATION
 05/24/2011AMEND AND RECOMMIT TO TRANSPORTATION
 05/24/2011PRINT NUMBER 4313A
 06/02/20111ST REPORT CAL.948
 06/06/20112ND REPORT CAL.
 06/07/2011ADVANCED TO THIRD READING
 06/24/2011COMMITTED TO RULES
 01/04/2012REFERRED TO TRANSPORTATION
 03/13/20121ST REPORT CAL.348
 03/14/20122ND REPORT CAL.
 03/15/2012ADVANCED TO THIRD READING
 04/30/2012AMENDED ON THIRD READING (T) 4313B
 06/12/2012PASSED SENATE
 06/12/2012DELIVERED TO ASSEMBLY
 06/12/2012referred to codes
 06/14/2012substituted for a4578a
 06/14/2012ordered to third reading rules cal.148
 06/14/2012passed assembly
 06/14/2012returned to senate
 08/06/2012DELIVERED TO GOVERNOR
 08/17/2012SIGNED CHAP.410
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A04578 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4578A
 
SPONSOR: Silver
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to establishing an intercity bus permit system in cities having a population of one million or more   PURPOSE OR GENERAL IDEA OF BILL: To authorize a permit system for the loading and unloading of passengers by buses engaged in intercity bus passenger service in cities of one million or more, to provide guidance to bus companies and improve the health, safety and welfare of the public.   SUMMARY OF SPECIFIC PROVISIONS: The bill would authorize cities having a population of one million or more to prohibit intercity buses from loading or unloading passengers on the city's streets except on designated streets and designated locations on those streets pursuant to a permit. The bill excludes school buses, public transportation buses and charter buses. The bill authorizes the City to establish an intercity bus permit system, subject to regulations promulgated by a City agency to be desig- nated by the mayor, and establishes the parameters of the system includ- ing: * requiring specified information in permit applications such as the identification of the intercity bus company, identification of the specific buses to be used, identification of the bus stop location(s) being requested, the total number of buses and passengers expected to use each location, bus schedules, and identification of the places where buses would park when not in use; * requiring the designated city agency, prior to assigning an intercity bus stop, to consult with local community boards and the MTA (if an intercity bus stop would overlap with an MTA bus stop), and to establish criteria for assigning bus stops including traffic and safety consider- ations and applicant preferences; * requiring that applicants, the local community board and the MTA (if applicable) receive notification prior to a relocation of an intercity bus stop; * requiring the city agency, prior to issuing or permanently amending a permit, to consult with the local community board, including a 45 day notice and comment period; * providing for public involvement through the city's rulemaking process (including public hearings), and, through the on-line posting of approved applications and intercity bus stops; and * providing penalties for intercity buses that load or unload passengers on City streets either without a permit or in violation of permit requirements or restrictions, consisting of a fine of up to $1,000 for a first violation, up to $2,500 for repeat violations, and permit suspen- sion or revocation.   JUSTIFICATION: Portions of the private interstate bus industry offer point to point passenger service between the City of New York and other cities at prices less than that available through other commercial bus companies and other forms of transportation such as air and rail. These private interstate bus services have grown exponentially in recent years and now travel to many states along the eastern seaboard, with some traveling further west. This expansion and competition have given rise to reports of many problems including significant strains being placed on surrounding communities from increased congestion, noise, pollution, litter, and decreased safety and security for pedestrians, passengers and residents of the neighborhoods. This bill seeks to address these concerns by authorizing the establish- ment and implementation of a permit system for the loading and unloading of passengers by buses engaged in intercity bus passenger service. The bill is intended to impose order on the use of curb space by buses engaged in intercity bus passenger service, thereby bolstering the City's parking, stopping and standing restrictions. This, in turn, should help to improve the health, safety and welfare of the public and neighborhood residents.   PRIOR LEGISLATIVE HISTORY: 2011: A.4578, Passed Assembly.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect on the ninetieth clay after it shall have become a law.
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A04578 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4578--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2011
                                       ___________
 
        Introduced  by  M.  of A. SILVER, MENG -- Multi-Sponsored by -- M. of A.
          NOLAN -- read once and referred to the Committee on Transportation  --
          recommitted  to  the  Committee  on  Transportation 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 vehicle and traffic law, in relation to establishing
          an intercity bus permit system in cities having a  population  of  one
          million or more
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 1642-a to read as follows:
     3    §  1642-a.  Bus  permit  system  in  cities having a population of one
     4  million or more. 1. For the purposes  of  this  section,  the  following
     5  terms shall have the following meanings:
     6    a.  "Charter bus" shall mean a bus transporting passengers for compen-
     7  sation in chartered party.
     8    b. "Chartered party" shall mean a group of persons who, pursuant to  a

     9  common  purpose  and under a single contract and at a fixed charge, have
    10  acquired exclusive use of a bus to travel  together  as  a  group  to  a
    11  specific destination or for a particular itinerary either agreed upon in
    12  advance or modified after having left the place of origin by such group.
    13    c.  "Community  board"  shall  mean  a  community  board as defined in
    14  section twenty-eight hundred of the New York city charter.
    15    d. "Intercity bus" shall mean a bus that transports the general public
    16  between a city having a population  of  one  million  or  more  and  any
    17  location  outside  of  such  city  in scheduled bus service.   Provided,
    18  however, that such term shall not include a school bus; or a bus provid-

    19  ing public transportation; or a charter bus.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08953-04-2

        A. 4578--A                          2
 
     1    e. "Metropolitan transportation authority" shall mean the  corporation
     2  created  by section twelve hundred sixty-three of the public authorities
     3  law.
     4    f. "Public transportation" shall mean:
     5    (i) mass transportation services provided to the general public by any
     6  public benefit corporation constituting a transportation authority, or a
     7  subsidiary thereof, or any public transportation corporation constituted

     8  as  an  instrumentality of a state, or a subsidiary thereof, directly or
     9  through a contact with another entity, or
    10    (ii) mass transportation services provided to the  general  public  by
    11  any  county,  city,  town or village directly or through a contract with
    12  another entity pursuant to section one hundred nineteen-r of the general
    13  municipal law, or provided to the general public by another state or any
    14  county, city, town or village in a state other than New York directly or
    15  through a contract with another entity pursuant to a similar law of such
    16  other state.
    17    2. Notwithstanding any provision of law  to  the  contrary,  any  city
    18  having  a population of one million or more may prohibit intercity buses

    19  from loading or unloading passengers on streets within such city  except
    20  on designated streets and at designated locations on such streets pursu-
    21  ant to a permit in accordance with the provisions of this section.
    22    3.  The  mayor  of such city which acts pursuant to subdivision two of
    23  this section shall designate an agency to promulgate rules to  implement
    24  this  section.  Such city agency shall promulgate such rules which shall
    25  comply with chapter forty-five of the New York city charter including  a
    26  public hearing. Such rules shall:
    27    a.  Establish  a  system of permits for allocating locations on desig-
    28  nated streets where intercity buses may load and unload passengers,  and
    29  prohibit  loading  and unloading of passengers other than at such desig-

    30  nated locations on such designated streets pursuant to a permit;
    31    b. Require the owner or operator of an  intercity  bus  to  submit  an
    32  application  for  a  permit  for  each proposed location for loading and
    33  unloading of passengers. Such application shall  include  the  following
    34  information:
    35    (i)  The  name,  address,  telephone  number, e-mail address and motor
    36  carrier number of the intercity bus owner or operator, the United States
    37  department of transportation number and/or New York state department  of
    38  transportation  number  for  each  bus  that  would  use  such  proposed
    39  location;
    40    (ii) A proposed location or locations to  be  used  by  the  specified

    41  intercity  buses  for  loading  or unloading passengers, and two or more
    42  alternative proposed locations;
    43    (iii) The number of  intercity  buses  that  would  use  the  proposed
    44  location or locations;
    45    (iv) The number of passengers anticipated for each such intercity bus;
    46    (v) The proposed intercity bus schedule;
    47    (vi)  The  planned  garage  or parking location of the intercity buses
    48  during periods when such buses are not being used; and
    49    (vii) Any other information deemed necessary by  the  commissioner  of
    50  the city agency designated pursuant to this subdivision.
    51    c.  Establish  criteria  for assigning locations to permit applicants,
    52  which shall include traffic and safety considerations,  the  preferences

    53  of  the  applicant,  consultation  with  the  local  community  board as
    54  provided in paragraph b of subdivision four of this  section  and  other
    55  criteria deemed appropriate by the commissioner of such city agency;

        A. 4578--A                          3
 
     1    d.  Provide that such permit shall be issued for a term of up to three
     2  years, except that such city may relocate a designated location for  the
     3  loading  and  unloading  of  passengers by an intercity bus, upon ninety
     4  days notice to the holder of a permit and after  consultation  with  the
     5  local  community board as provided in paragraph b of subdivision four of
     6  this section, pursuant to the criteria established  in  accordance  with
     7  paragraph c of this subdivision;

     8    e.  Include  criteria  under  which  intercity bus owners or operators
     9  assigned a designated location  for  loading  and  unloading  passengers
    10  prior  to the effective date of this section shall be issued a permit to
    11  use such location for the loading and  unloading  of  passengers  for  a
    12  period of up to three years from the effective date of this section;
    13    f.  Establish a timeframe of up to one hundred fifty days for determi-
    14  nations on permit applications, and a process for reviewing the determi-
    15  nation on the application;
    16    g. Require intercity bus owners or operators to notify such city agen-
    17  cy of changes to information provided in such permit application;
    18    h. Require intercity bus owners or operators to prominently display  a

    19  copy of the permit in each intercity bus;
    20    i.  Require  the posting of all approved applications on a website for
    21  public access by such city agency within thirty days of approval;
    22    j. Include such other requirements as are deemed  appropriate  by  the
    23  commissioner of such city agency;
    24    k.  Set forth a schedule of fines or civil penalties for violations of
    25  the rules by owners or operators of intercity buses, including for load-
    26  ing or unloading passengers on a city street without  a  permit  or  for
    27  failure to comply with any permit requirements or restrictions, provided
    28  that  such  fines or civil penalties shall not be more than one thousand
    29  dollars for a first violation, and not be more than  two  thousand  five

    30  hundred dollars for a second or subsequent violation within two years of
    31  the first violation; and
    32    1. Provide for the suspension or revocation of a permit for failure to
    33  comply with any permit requirements or restrictions.
    34    Such  rules  also  may provide for the imposition of an annual fee for
    35  such permit to cover administrative expenses, not to exceed two  hundred
    36  seventy-five dollars per vehicle.
    37    4.  The  city  agency designated pursuant to subdivision three of this
    38  section to promulgate rules shall:
    39    a. Have the authority to designate streets  and  locations  where  the
    40  loading  or  unloading of passengers by intercity buses shall be permit-
    41  ted;

    42    b. Consult with the local community board for the district  encompass-
    43  ing the location to be designated in a permit, including but not limited
    44  to a notice and comment period of forty-five days, prior to the issuance
    45  or permanent amendment of such permit;
    46    c.  Consult  with  the  metropolitan  transportation  authority when a
    47  proposed location or relocation for the loading and unloading of passen-
    48  gers by an intercity bus would overlap  with  an  existing  metropolitan
    49  transportation authority bus stop;
    50    d.  Post  all  locations  designated  for the loading and unloading of
    51  passengers by intercity bus on a website for public access within thirty
    52  days of approval; and

    53    e. Have the authority to temporarily amend any approved location for a
    54  period of up to ninety days for reasons of public safety or other  emer-
    55  gency  or temporary need as determined by such city agency without prior
    56  consultation with the local community board;  provided  that  such  city

        A. 4578--A                          4
 
     1  agency  informs  the  affected  community  board in writing no more than
     2  thirty days after any such temporary amendment.
     3    5.  Notwithstanding  any  other provision of law, in addition to those
     4  persons otherwise authorized to enforce any rules  promulgated  pursuant
     5  to  this  section  and adjudicate violations thereof pursuant to article

     6  two-A or two-B of this chapter, this section shall also  be  enforceable
     7  by  an  agency  or  agencies designated for such purpose by the mayor of
     8  such city, and notices of violation issued by such  agency  or  agencies
     9  shall  be  returnable  to  the environmental control board of such city,
    10  which shall  have  the  power  to  impose  the  civil  penalties  herein
    11  provided. All proceedings before the environmental control board and any
    12  enforcement  proceedings  shall be conducted in accordance with subdivi-
    13  sion d of section one thousand forty-nine-a of the New York city charter
    14  and the rules of the environmental control board, except that service of
    15  a notice of violation of any rule promulgated pursuant to  this  section

    16  shall  be made on the owner or operator of the intercity bus involved in
    17  the violation (i) in the same manner as is  prescribed  for  service  of
    18  process  by article three of the civil practice law and rules or article
    19  three of the business corporation law; (ii) by delivering such notice to
    20  the operator of the intercity bus, and mailing a copy of the  notice  to
    21  the  owner or operator of the intercity bus, provided that proof of such
    22  service shall be filed with the environmental control board within twen-
    23  ty days, and service shall be complete ten days after  such  filing;  or
    24  (iii)  by  affixing such notice to the intercity bus, and mailing a copy
    25  of the notice to the owner or operator of the  intercity  bus,  provided

    26  that proof of such service shall be filed with the environmental control
    27  board  within  twenty days, and service shall be complete ten days after
    28  such filing. Civil penalties may  also  be  recovered  in  a  proceeding
    29  commenced  in  a  court  of  competent jurisdiction. Notwithstanding any
    30  other provision of law, such civil penalties imposed  by  such  environ-
    31  mental  control  board shall be paid into the general fund of such city.
    32  Notwithstanding section one hundred fifty-five of this  chapter  or  any
    33  other  provision  of  law,  where a person has been adjudicated to be in
    34  violation of any rules promulgated pursuant to subdivision three of this
    35  section, such adjudication shall not have the  force  and  effect  of  a

    36  conviction of a traffic infraction or of a violation of any provision of
    37  this chapter for any purpose not specified in this section.
    38    §  2.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law.
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