STATE OF NEW YORK
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8328
IN SENATE
May 11, 2020
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Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to requiring the
New York City transit authority to operate its facilities and level of
service on a daily twenty-four hour basis unless a declared state of
emergency is in effect, requiring the New York City transit authority
or the metropolitan transportation authority subway system to require
that the levels of service furnished upon the rapid transit facilities
maintained in the city of New York provide continuous service for
twenty-four hours a day when a declared state of emergency is not in
effect, and requiring the metropolitan transportation authority to
require the New York City transit authority railroad facilities and
levels of service to be operated and maintained on a daily twenty-four
hour basis unless a declared state of emergency is in effect
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1202 of the public authorities
2 law, as amended by section 12 of part O of chapter 61 of the laws of
3 2000, is amended to read as follows:
4 1. The purposes of the authority shall be the acquisition of the tran-
5 sit facilities operated by the board of transportation of the city, the
6 operation of transit facilities in accordance with the provisions of
7 this title for the convenience and safety of the public on a basis which
8 will enable the operations thereof, exclusive of capital costs, to be
9 self-sustaining and continuously operated on a daily twenty-four hour
10 basis unless a declared state of emergency is in effect, and, in coordi-
11 nation with the metropolitan transportation authority and the Triborough
12 bridge and tunnel authority, the continuance, further development and
13 improvement of commuter transportation and other services related there-
14 to within the metropolitan commuter transportation district and the
15 development and implementation of a unified mass transportation policy
16 for such district.
17 § 2. Section 1205 of the public authorities law is amended by adding a
18 new subdivision 9 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16314-03-0
S. 8328 2
1 9. Subject to the provisions of this section and any other applicable
2 provisions of law, the authority or the metropolitan transportation
3 authority shall require that the levels of service furnished upon the
4 rapid transit facilities it maintains in the city of New York shall
5 provide continuous daily service for twenty-four hours a day except when
6 a declared state of emergency is in effect. In the event of a reduction
7 in service during a declared state of emergency, there shall be no
8 substantial or general change in the levels of service furnished upon
9 such rapid transit facilities after the emergency has been lifted rela-
10 tive to the time before such state of emergency declaration except upon
11 the approval of a majority of the entire board of the authority and
12 approval of a majority of the entire board of the metropolitan transpor-
13 tation authority. No substantial or general changes in the levels of
14 service or complete or partial closing of a passenger station within the
15 city of New York shall occur except in accordance with this article.
16 § 3. Subdivision 1 of section 1264 of the public authorities law, as
17 amended by section 2 of subpart B of part ZZZ of chapter 59 of the laws
18 of 2019, is amended to read as follows:
19 1. The purposes of the authority shall be the continuance, further
20 development and improvement of commuter transportation and other
21 services related thereto within the metropolitan commuter transportation
22 district, including but not limited to such transportation by railroad,
23 omnibus, marine and air, in accordance with the provisions of this
24 title. It shall be the further purpose of the authority, consistent with
25 its status as the ex officio board of both the New York city transit
26 authority and the [triborough] Triborough bridge and tunnel authority,
27 to develop and implement a unified mass transportation policy for such
28 district in an efficient and cost-effective manner that includes mainte-
29 nance of continuous operations of the New York City transit authority
30 railroad facilities and levels of service on a daily twenty-four hour
31 basis unless a declared state of emergency is in effect and the use of
32 design-build contracting on all projects over twenty-five million
33 dollars in cost except where a waiver is granted by the New York state
34 budget director pursuant to a request in writing from the metropolitan
35 transportation authority. For purposes of granting a waiver pursuant to
36 this section, such review shall consider whether the design build
37 contracting method is appropriate for the project that such waiver is
38 sought for, and the amount of savings and efficiencies that could be
39 achieved using such method. The determination for such waiver shall be
40 made in writing within forty-five days from request or shall be deemed
41 granted.
42 § 4. This act shall take effect immediately.