N.Y. Public Authorities Law § 1205: Rates of fare and levels of service

§ 1205. Rates of fare and levels of service. 1. Notwithstanding the

provisions of any other law, the terms of any contract or franchise, the

authority shall have the power at all times to fix or adjust the rate or

rates of fare to be charged for the use of any transit facility operated

by the authority as may in the judgment of the authority be necessary to

maintain the operations of the authority on a self-sustaining basis. The

operations of the authority shall be deemed to be on a self-sustaining

basis, as required by this title, when the authority is able to pay from

revenue, from any funds granted or transferred to the authority pursuant

to any provision of law, including funds granted pursuant to the

provisions of section ninety-eight-b of the general municipal law, and

from any other funds actually available to the authority, including the

proceeds of borrowings for working capital purposes, the expenses of

operation of the authority as the same shall become due.

2. Upon the written request of the mayor the authority shall permit

reduced fares for one or more classes of transit facility users

designated by the mayor upon the agreement of the city to assume the

burden of the resulting differential, together with the attendant

administrative costs of the authority, pursuant to procedures

satisfactory to the authority.

3. Notwithstanding the provisions of subdivision one of this section,

no zonal system of fares proposed to be instituted on or after March

first, nineteen hundred sixty-eight for the use of the whole or any part

of a rapid transit facility or of an omnibus line facility operated by

the authority and no general revision of the system of transfers

applicable to the use of all such facilities in effect as of that date

shall be established without the written approval of the mayor. For the

purposes of this subdivision the term "zonal system of fares" shall mean

any system whereby the fare payable for the use of a rapid transit

facility or an omnibus line facility or of any part thereof varies

according to distance traveled or to the location of the point of entry

or departure by the user, but the creation or elimination of free

transfer points shall not be regarded as the institution of such a

system.

4. From and after March first, nineteen hundred sixty-eight, no

substantial or general change in the levels of service furnished upon

the rapid transit facilities or the omnibus line facilities of the

authority shall be instituted except upon not less than thirty days'

written notice to the mayor and to the board of estimate.

5. (a) Any complete or partial closing of a passenger station within

the city of New York, or any means of public access to such facility,

except for purposes of repair or renovation or in case of emergency

shall be accomplished only if approved by resolution of the authority

adopted by not less than a majority of the whole number of members of

the authority then in office, and only after a public hearing. Such

hearing shall be held not less than thirty days after notice of such

proposed closing has been given to, and comments solicited from, the

community board as established pursuant to section eighty-four of the

New York city charter whose area of jurisdiction includes the station

proposed to be closed or otherwise affected.

(b) In the case of a planned complete closure of a passenger station

for purposes of repair or renovation, where such station will be out of

service for sixty days or longer the MTA board shall adopt a policy,

within ninety days of the effective date of the chapter of the laws of

two thousand nineteen which amended this subdivision, that will ensure

adequate communication of such work to impacted stakeholders where such

passenger station is located including but not limited to: elected

representatives, senate and assembly representatives, and community

boards at least forty-five days prior to such closure. Such policy shall

require the authority to notify the community board or boards whose

district contains a passenger station subject to a planned complete

closure or is contiguous to a district that contains a passenger station

subject to a planned complete closure located on the same line of

service as the passenger station subject to closure in writing. Such

written notice shall provide such board or boards with an option to

request a presentation from the authority regarding such planned

complete closure. Upon request from such board or boards the authority

shall, at a date convenient to such board or boards prior to such

closure, present information regarding such closure and related service

alternatives and also allow for public comment. The policy shall also

require that the authority provide notice to the public at least thirty

days prior to such closure by: (i) posting notice in the passenger

stations that are scheduled for closure; and (ii) posting notice on the

authority's website and social media accounts; providing information

about the planned complete closure, service alternatives, and directions

on how the public can provide comment to the authority regarding such

closure. This subdivision shall not apply to emergency station closures

resulting from unforeseen circumstances where such closure is necessary

to ensure public health, safety and welfare.

6. No acts or activities taken or proposed to be taken by the

authority pursuant to the provisions of subdivision one or two of this

section shall be deemed to be "actions" for the purposes or within the

meaning of article eight of the environmental conservation law.

7. Whenever the authority causes notices of hearings on proposed

changes in services or fares to be posted pursuant to this section or

any statute, regulation, or authority policy, or where it voluntarily

posts such notices, such notices shall: (a) be written in a clear and

coherent manner using words with common and every day meaning; (b) be

captioned in large point type bold lettering with a title that fairly

and accurately conveys the basic nature of such change or changes; (c)

where such change involves a proposed change in levels of fare, include

in its title the range of amounts of fare changes under consideration;

(d) contain, to the extent practicable, a concise description of the

specific nature of the change or changes, including but not limited to a

concise description of those changes that affect the largest number of

passengers; (e) where such change involves a change in the nature of a

route, contain, to the extent practicable, a clear graphic illustration

of such change or changes; and (f) where such change involves a partial

or complete station closing, such notice shall be posted at the affected

station with a clear graphic illustration depicting the nature of any

closing for such station.

8. Notwithstanding any other provision of law, the authority and any

of its subsidiary corporations shall establish and implement a half fare

rate program for persons with serious mental illness who are eligible to

receive supplemental security income benefits as defined pursuant to

title sixteen of the federal social security act and section two hundred

nine of the social services law. The half fare rate program established

and implemented pursuant to this subdivision shall be in operation

during all hours in which such authority provides railroad, subway

and/or omnibus services, and such program shall not be limited in

operation to off-peak hours or to any other hours designated by the

authority or its subsidiary corporations.