Mandates NYC Transit Authority to produce annual reports concerning actions to reduce noise.
TITLE OF BILL: An act to amend the public authorities law, in relation to mandating the NYC transit authority to create annual reports concerning actions to reduce noise
PURPOSE OF THE BILL: This legislation provides clarification within the rapid transit noise code, regarding the authority's responsibility to produce an annual report detailing efforts to reduce noise throughout the system.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 4 of § 1204-a of the public authorities law, adding language clarifying the authority's responsibility to produce annual noise abatement reports.
JUSTIFICATION: The rapid transit noise code was adopted into law in 1982 in response to studies detailing the adverse effects excessive noise has on people on a daily basis. Part of this code involved the issuance of an annual noise abatement report which itemized monies spent, bids requested and received, contracts let, and actual work done on noise abatement programs during the previous year.
Since 1994 the New York City Transit Authority (NYCTA) has failed to comply with the noise abatement report provision within the code. NYCTA's interpretations regarding their responsibilities under the code are in conflict with other independent analysis. This bill is being submitted to clarify NYCTA's responsibilities with regards to the annual noise abatement report.
PRIOR LEGISLATIVE HISTORY: 2013-2014: A.1358 (Colton) 2011-2012: A.6155 (Colton)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 4898 2013-2014 Regular Sessions IN SENATE April 30, 2013 ___________Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to mandating the NYC transit authority to create annual reports concerning actions to reduce noise THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 1204-a of the public authorities law, as added by chapter 736 of the laws of 1982, is amended to read as follows: 4.
[Within twelve months of the completion of the study conducted pursuant to subdivision two of this section, and at twelve month inter- vals thereafter, the]THE authority shall submit to the governor and the legislature [comprehensive]ANNUAL reports detailing the authority's progress to date in abating subway noise. The report shall include, but not be limited to an itemized summary of all monies spent, bids requested and received, contracts let, and actual work done on noise abatement programs during the previous period. Any and all subway noise measurements made during the previous period shall be included, with, whenever possible, analyses of such measurements. Such ANNUAL report shall also include a detailed analysis of all FUTURE noise abatement activities planned for the [next]UPCOMING twelve months. [Following the first twelve month interval these]THESE reports shall also include comprehensive statements of progress made on all planned noise abatement activities included in the previous annual report. Nothing herein shall preclude such report from being incorporated in the authority's annual capital report submitted pursuant to the "capital financing and services system act of nineteen hundred eighty-one," so long as it is maintained as a separate, distinct and identifiable compo- nent in such report. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04169-01-3