§ 1205 — Rates of fare and levels of service

New York § 1205

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York City Transit Authority
• Art. 5: Public Utility Authorities

Text

§ 1205. Rates of fare and levels of service. 1. Notwithstanding the\nprovisions of any other law, the terms of any contract or franchise, the\nauthority shall have the power at all times to fix or adjust the rate or\nrates of fare to be charged for the use of any transit facility operated\nby the authority as may in the judgment of the authority be necessary to\nmaintain the operations of the authority on a self-sustaining basis. The\noperations of the authority shall be deemed to be on a self-sustaining\nbasis, as required by this title, when the authority is able to pay from\nrevenue, from any funds granted or transferred to the authority pursuant\nto any provision of law, including funds granted pursuant to the\nprovisions of section ninety-eight-b of the general municipal law, and\nfrom any other funds actually available to the authority, including the\nproceeds of borrowings for working capital purposes, the expenses of\noperation of the authority as the same shall become due.\n 2. Upon the written request of the mayor the authority shall permit\nreduced fares for one or more classes of transit facility users\ndesignated by the mayor upon the agreement of the city to assume the\nburden of the resulting differential, together with the attendant\nadministrative costs of the authority, pursuant to procedures\nsatisfactory to the authority.\n 3. Notwithstanding the provisions of subdivision one of this section,\nno zonal system of fares proposed to be instituted on or after March\nfirst, nineteen hundred sixty-eight for the use of the whole or any part\nof a rapid transit facility or of an omnibus line facility operated by\nthe authority and no general revision of the system of transfers\napplicable to the use of all such facilities in effect as of that date\nshall be established without the written approval of the mayor. For the\npurposes of this subdivision the term "zonal system of fares" shall mean\nany system whereby the fare payable for the use of a rapid transit\nfacility or an omnibus line facility or of any part thereof varies\naccording to distance traveled or to the location of the point of entry\nor departure by the user, but the creation or elimination of free\ntransfer points shall not be regarded as the institution of such a\nsystem.\n 4. From and after March first, nineteen hundred sixty-eight, no\nsubstantial or general change in the levels of service furnished upon\nthe rapid transit facilities or the omnibus line facilities of the\nauthority shall be instituted except upon not less than thirty days'\nwritten notice to the mayor and to the board of estimate.\n 5. (a) Any complete or partial closing of a passenger station within\nthe city of New York, or any means of public access to such facility,\nexcept for purposes of repair or renovation or in case of emergency\nshall be accomplished only if approved by resolution of the authority\nadopted by not less than a majority of the whole number of members of\nthe authority then in office, and only after a public hearing. Such\nhearing shall be held not less than thirty days after notice of such\nproposed closing has been given to, and comments solicited from, the\ncommunity board as established pursuant to section eighty-four of the\nNew York city charter whose area of jurisdiction includes the station\nproposed to be closed or otherwise affected.\n (b) In the case of a planned complete closure of a passenger station\nfor purposes of repair or renovation, where such station will be out of\nservice for sixty days or longer the MTA board shall adopt a policy,\nwithin ninety days of the effective date of the chapter of the laws of\ntwo thousand nineteen which amended this subdivision, that will ensure\nadequate communication of such work to impacted stakeholders where such\npassenger station is located including but not limited to: elected\nrepresentatives, senate and assembly representatives, and community\nboards at least forty-five days prior to such closure. Such policy shall\nrequire the authority to notify the community board or boards whose\ndistrict contains a passenger station subject to a planned complete\nclosure or is contiguous to a district that contains a passenger station\nsubject to a planned complete closure located on the same line of\nservice as the passenger station subject to closure in writing. Such\nwritten notice shall provide such board or boards with an option to\nrequest a presentation from the authority regarding such planned\ncomplete closure. Upon request from such board or boards the authority\nshall, at a date convenient to such board or boards prior to such\nclosure, present information regarding such closure and related service\nalternatives and also allow for public comment. The policy shall also\nrequire that the authority provide notice to the public at least thirty\ndays prior to such closure by: (i) posting notice in the passenger\nstations that are scheduled for closure; and (ii) posting notice on the\nauthority's website and social media accounts; providing information\nabout the planned complete closure, service alternatives, and directions\non how the public can provide comment to the authority regarding such\nclosure. This subdivision shall not apply to emergency station closures\nresulting from unforeseen circumstances where such closure is necessary\nto ensure public health, safety and welfare.\n 6. No acts or activities taken or proposed to be taken by the\nauthority pursuant to the provisions of subdivision one or two of this\nsection shall be deemed to be "actions" for the purposes or within the\nmeaning of article eight of the environmental conservation law.\n 7. Whenever the authority causes notices of hearings on proposed\nchanges in services or fares to be posted pursuant to this section or\nany statute, regulation, or authority policy, or where it voluntarily\nposts such notices, such notices shall: (a) be written in a clear and\ncoherent manner using words with common and every day meaning; (b) be\ncaptioned in large point type bold lettering with a title that fairly\nand accurately conveys the basic nature of such change or changes; (c)\nwhere such change involves a proposed change in levels of fare, include\nin its title the range of amounts of fare changes under consideration;\n(d) contain, to the extent practicable, a concise description of the\nspecific nature of the change or changes, including but not limited to a\nconcise description of those changes that affect the largest number of\npassengers; (e) where such change involves a change in the nature of a\nroute, contain, to the extent practicable, a clear graphic illustration\nof such change or changes; and (f) where such change involves a partial\nor complete station closing, such notice shall be posted at the affected\nstation with a clear graphic illustration depicting the nature of any\nclosing for such station.\n 8. Notwithstanding any other provision of law, the authority and any\nof its subsidiary corporations shall establish and implement a half fare\nrate program for persons with serious mental illness who are eligible to\nreceive supplemental security income benefits as defined pursuant to\ntitle sixteen of the federal social security act and section two hundred\nnine of the social services law. The half fare rate program established\nand implemented pursuant to this subdivision shall be in operation\nduring all hours in which such authority provides railroad, subway\nand/or omnibus services, and such program shall not be limited in\noperation to off-peak hours or to any other hours designated by the\nauthority or its subsidiary corporations.\n