Bill Text: NY A05267 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 5267 (Prior Session Legislation)

Introduced

Bill Title: Requires New York city transit authority to conduct a public hearing before a substantial change in service, advertise the same and give due and proper consideration to such hearings before issuing a report on the hearings and either would reject or adopt the proposed substantial change in service unless such change will be for less than 180 days or in an emergency; grants any New York city resident a private equitable right of action pursuant thereto.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2014-01-08 - referred to corporations, authorities and commissions [A05267 Detail]

Download: New_York-2013-A05267-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5267
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 21, 2013
                                      ___________
       Introduced  by M. of A. BRENNAN, CLARK, GOTTFRIED, ORTIZ, COLTON, GIBSON
         -- Multi-Sponsored by -- M.  of  A.  ABBATE,  AUBRY,  COOK,  DINOWITZ,
         GLICK,  JACOBS, MAISEL, MILLMAN, SCARBOROUGH -- read once and referred
         to the Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to public  hear-
         ings to be conducted by the New York city transit authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1200 of the public authorities law  is  amended  by
    2  adding a new subdivision 19 to read as follows:
    3    19. "SUBSTANTIAL CHANGE IN SERVICE."  A REDUCTION OR ADDITION OF RAPID
    4  TRANSIT  OR  OMNIBUS  SERVICE  FURNISHED  BY  THE AUTHORITY WHICH HAS AN
    5  EFFECT UPON ONE THOUSAND OR MORE PASSENGERS DAILY.  SUBSTANTIAL  CHANGES
    6  IN  SERVICE  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE ELIMINATION OR
    7  ADDITION OF PASSENGER STATION STOPS  ON  A  SERVICE,  A  CHANGE  OF  TEN
    8  PERCENT OR MORE IN HEADWAYS ON A SERVICE, AND A CHANGE OF TEN PERCENT OR
    9  MORE  IN  TRANSIT  REVENUE MILES ON A SERVICE, BUT SHALL NOT INCLUDE THE
   10  PERMANENT OR TEMPORARY CLOSING OF A PASSENGER STATION.
   11    S 2. Subdivision 4 of section 1205 of the public authorities  law,  as
   12  added by chapter 717 of the laws of 1967, is amended to read as follows:
   13    4.  [From and after March first, nineteen hundred sixty-eight, no] (A)
   14  NO substantial [or general] change in [the levels of] service [furnished
   15  upon the rapid transit facilities or the omnibus line facilities of  the
   16  authority]  shall  be  instituted  except [upon] AFTER (I) not less than
   17  thirty days' written notice to the mayor [and to the board of  estimate]
   18  AND  (II)  ONE  OR  MORE  PUBLIC HEARINGS HELD IN THE COUNTY OR COUNTIES
   19  WHERE THE SUBSTANTIAL CHANGE IN SERVICE WILL HAVE  AN  IMPACT  AT  LEAST
   20  THIRTY  DAYS  PRIOR  TO  THE  INSTITUTION  OF  THE SUBSTANTIAL CHANGE IN
   21  SERVICE; AND AFTER THE AUTHORITY HAS PROVIDED NOTICE  OF  SUCH  HEARINGS
   22  THROUGH ADVERTISEMENTS IN NEWSPAPERS AND SIGNS OR POSTERS IN RAPID TRAN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09069-01-3
       A. 5267                             2
    1  SIT AND OMNIBUS LINE FACILITIES, AT LEAST TWENTY DAYS PRIOR TO THE HEAR-
    2  ING.
    3    (B) THE AUTHORITY SHALL GIVE DUE AND PROPER CONSIDERATION TO THE VIEWS
    4  AND  COMMENTS EXPRESSED AT THE PUBLIC HEARINGS, ESPECIALLY AS SUCH VIEWS
    5  AND COMMENTS ADDRESS THE SOCIAL, ECONOMIC AND  ENVIRONMENTAL  IMPACT  OF
    6  THE  SUBSTANTIAL  CHANGE IN SERVICE.   NO LATER THAN TWENTY DAYS AFTER A
    7  PUBLIC HEARING, AND IN NO CASE LATER THAN FIVE DAYS PRIOR TO THE  INSTI-
    8  TUTION OF THE SUBSTANTIAL CHANGE IN SERVICE, THE AUTHORITY SHALL ISSUE A
    9  REPORT  ON  THE  PUBLIC  HEARINGS AND EITHER MODIFY, REJECT OR ADOPT THE
   10  PROPOSED SUBSTANTIAL CHANGE IN SERVICE.
   11    (C) THIS SUBDIVISION SHALL NOT APPLY TO SUBSTANTIAL CHANGES IN SERVICE
   12  WITH A PROJECTED DURATION OF LESS THAN ONE HUNDRED EIGHTY DAYS,  NOR  TO
   13  SUBSTANTIAL  CHANGES  IN  SERVICE  RESULTING FROM AN EMERGENCY SUCH THAT
   14  PUBLIC HEARINGS CANNOT TAKE  PLACE  WITHOUT  IMPERILING  THE  SAFETY  OF
   15  PASSENGERS.
   16    S  3.  Section 1212 of the public authorities law is amended by adding
   17  a new subdivision 7 to read as follows:
   18    7. ANY RESIDENT OF THE CITY OF NEW YORK SHALL HAVE STANDING  TO  BRING
   19  AN  ACTION  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
   20  AND RULES AGAINST THE AUTHORITY WHERE SUCH ACTION ARISES UNDER  SUBDIVI-
   21  SION FOUR OR FIVE OF SECTION TWELVE HUNDRED FIVE OF THIS TITLE.
   22    S 4. This act shall take effect immediately.