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A03869 Text:

                STATE OF NEW YORK
                               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

          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.

        A. 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.
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