Establishes an intercity bus passenger service permit system in cities having a population of one million or more

Summary of specific provisions

The bill would authorize cities having a population of one million or more to adopt a local law or ordinance establishing a permit system for the loading and unloading of passengers on streets within the city by buses operating in intercity bus passenger service (as defined), and to prohibit buses operating in intercity bus passenger service from loading or unloading passengers either without a permit or in violation of any permit requirement or restriction. The provisions of this section would also require the local law or ordinance to:

* designate an agency to assume regulatory responsibility for the permit system, including permit issuance, the designation of passenger loading and unloading locations, and the designation of streets where passenger loading and unloading may be prohibited, in consultation with the Metropolitan Transportation Authority (MT A) and community boards; * establish criteria for permit issuance; * require the display of permits in buses; * provide public notice of permit applications within five days of submission; * require applicants to obtain five thousand dollar surety bonds and continue them in effect, to be conditioned upon the payment of all civil penalties for operating in violation of permit requirements or restrictions; and * contain adequate regulatory and enforcement criteria.

The bill would authorize the local law or ordinance to impose a maximum two hundred seventy-five dollar per vehicle annual fee to be credited to the city's general fund, as well as civil penalties for violations (maximum one thousand dollars for a first violation, maximum twenty-five hundred dollars for a second or subsequent violation within two years) and permit suspension or revocation for failure to comply with permit requirements or restrictions.

Additionally, the bill would require the designated city agency to:

* identify a sufficient number of intercity bus passenger service loading and unloading locations prior to the establishment of a permit system, in consultation with the MTA and community boards; and * promulgate rules and regulations to implement the local law including: permit issuance and period of validity; permit application approval and disapproval, including at minimum a thirty day notice and comment period to the MTA and relevant community board; a process to review and render a final administrative determination within ninety days of filing; an appeals process for disapprovals; a process for assigning locations; criteria for granting waivers; and relocation of designated locations upon thirty days' notice to permit holders, the MTA and the relevant community board.

The bill would exempt a number of vehicles including school buses, sight-seeing buses, transportation authority buses, municipal buses and others. Finally, the bill would prohibit the adoption of any ordinance until a public hearing has been had in the same manner as required for public hearings on local laws pursuant to the Municipal Home Rule Law.

Justification

Portions of the private interstate bus industry offer point to point passenger service between the City of New York and other cities at prices less than that available through other commercial bus companies and other forms of transportation such as air and rail. These private interstate bus services have grown exponentially in recent years and now travel to many states along the eastern seaboard, with some traveling further west. This expansion and competition have given rise to reports of many problems including significant strains being placed on surrounding communities from increased congestion, noise, pollution, Jitter, and decreased safety and security for pedestrians, passengers and residents of the neighborhoods.

This bill seeks to address these concerns by authorizing the establishment and implementation of a permit system for the loading and unloading of passengers by buses engaged in intercity bus passenger service. The bill is intended to impose order on the use of curb space by buses engaged in intercity bus passenger service, thereby bolstering the City's parking, stopping and standing restrictions. This, in turn, should help to improve the health, safety and welfare of the public and neighborhood residents.

Prior legislative history

New legislation.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.