NY Pub Auth L § 1205 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 9 - New York City Transit Authority 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.