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New York Public Authorities - Title 9 - § 1205 Rates of Fare and Levels of Service

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    §  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.  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.
    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.

Last modified: February 17, 2012