S T A T E   O F   N E W   Y O R K
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                                   3336
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. KIM, ROSENTHAL, CUSICK, TITONE, COOK, M. G. MILL-
   ER, JAFFEE, ORTIZ, WEPRIN, PERRY, OTIS, ABINANTI -- Multi-Sponsored by
   --  M. of A.  FARRELL, GLICK, GOTTFRIED, HIKIND, LENTOL, MOSLEY, MOYA,
   QUART, SOLAGES -- read once and referred to the  Committee  on  Corpo-
   rations, Authorities and Commissions

 AN  ACT to amend the public authorities law, in relation to establishing
   an office of the transit riders advocate for the purpose of  receiving
   and  resolving  complaints affecting mass transit users of the facili-
   ties of the metropolitan transportation authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The  public  authorities law is amended by adding a new
 section 1279-d to read as follows:
   § 1279-D. OFFICE OF THE TRANSIT RIDERS ADVOCATE. 1.  DEFINITIONS.  FOR
 THE  PURPOSES  OF THIS SECTION, THE TERM "EXECUTIVE DIRECTOR" SHALL MEAN
 THE INDIVIDUAL APPOINTED TO SERVE AS THE CHIEF EXECUTIVE OFFICER OF  THE
 AUTHORITY  PURSUANT TO SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SIXTY-
 THREE OF THIS TITLE.
   2. OFFICE ESTABLISHED. THERE IS HEREBY ESTABLISHED WITHIN THE AUTHORI-
 TY AN OFFICE OF THE TRANSIT RIDERS ADVOCATE FOR THE PURPOSE OF RECEIVING
 AND RESOLVING COMPLAINTS AFFECTING MASS TRANSIT USERS OF THE  FACILITIES
 OF  THE AUTHORITY AND, WHERE APPROPRIATE, REFERRING COMPLAINTS TO APPRO-
 PRIATE INVESTIGATORY AGENCIES AND ACTING IN CONCERT WITH SUCH AGENCIES.
   3. DIRECTOR. (A) THE EXECUTIVE  DIRECTOR  SHALL  APPOINT  A  FULL-TIME
 DIRECTOR  TO  ADMINISTER  AND SUPERVISE THE OFFICE FROM A LIST OF CANDI-
 DATES SUBMITTED BY THE PERMANENT CITIZENS ADVISORY COMMITTEE. THE DIREC-
 TOR SHALL REPORT DIRECTLY TO THE EXECUTIVE DIRECTOR.
   (B) THE DIRECTOR SHALL BE SELECTED FROM AMONG INDIVIDUALS WITH  EXPER-
 TISE  AND EXPERIENCE IN THE FIELD OF ADVOCACY, AND WITH OTHER QUALIFICA-
 TIONS DETERMINED BY THE PERMANENT  CITIZENS  ADVISORY  COMMITTEE  TO  BE
 APPROPRIATE FOR THE POSITION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01239-01-7

 A. 3336                             2
 
   (C)  THE  DIRECTOR  SHALL  BE AUTHORIZED TO EMPLOY QUALIFIED STAFF AND
 OTHER EMPLOYEES AS MAY BE REQUIRED TO PERFORM THE DUTIES  AND  RESPONSI-
 BILITIES OF THE OFFICE.
   (D) THE DIRECTOR SHALL:
   (I)  IDENTIFY, INVESTIGATE AND RESOLVE COMPLAINTS THAT ARE MADE BY, OR
 ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS OF  THE  FACILITIES  OF
 THE  AUTHORITY  AND  THAT RELATE TO ACTIONS, INACTIONS OR DECISIONS THAT
 MAY ADVERSELY AFFECT THE HEALTH, SAFETY AND WELFARE OR  RIGHTS  OF  SUCH
 USERS; AND
   (II) PROVIDE INFORMATION AND SERVICES TO ASSIST MASS TRANSIT AND PARA-
 TRANSIT  USERS  IN  PROTECTING THEIR HEALTH, SAFETY, WELFARE AND RIGHTS,
 INCLUDING BUT NOT LIMITED TO REPRESENTING THE INTERESTS  OF  SUCH  USERS
 BEFORE  GOVERNMENTAL  AGENCIES  AND  SEEKING APPROPRIATE ADMINISTRATIVE,
 LEGAL AND OTHER REMEDIES TO PROTECT THEIR WELFARE,  SAFETY,  HEALTH  AND
 RIGHTS.
   (E)  THE  BOARD, IN CONSULTATION WITH THE DIRECTOR, SHALL ESTABLISH IN
 REGULATIONS STANDARDS FOR THE OPERATION OF THE OFFICE.
   4. REVIEW OF COMPLAINT. (A) UPON RECEIPT OF A COMPLAINT, THE  DIRECTOR
 SHALL  DETERMINE IMMEDIATELY WHETHER THERE ARE REASONABLE GROUNDS FOR AN
 INVESTIGATION. TO THE MAXIMUM EXTENT POSSIBLE, ALL COMPLAINTS  SHALL  BE
 RESOLVED  WITHIN SIXTY DAYS OF THE RECEIPT OF THE COMPLAINT. SUCH INVES-
 TIGATION SHALL BE CONDUCTED IN A MANNER PRESCRIBED IN REGULATIONS.
   (B) THE DIRECTOR SHALL NOT DISCLOSE THE IDENTITY  OF  THE  COMPLAINANT
 THAT  MADE  A  COMPLAINT  TO  THE  OFFICE OF THE TRANSIT RIDERS ADVOCATE
 UNLESS:
   (I) THE COMPLAINANT OR HIS OR HER LEGAL REPRESENTATIVE  GIVES  WRITTEN
 CONSENT TO THE OFFICE OF THE TRANSIT RIDERS ADVOCATE; OR
   (II) PURSUANT TO A COURT ORDER.
   5.  REPORTING  REQUIREMENTS. (A) THE DIRECTOR SHALL ANNUALLY SUBMIT TO
 THE BOARD A REPORT AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC:
   (I) DESCRIBING THE ACTIVITIES CARRIED OUT BY  THE  OFFICE  DURING  THE
 PRIOR CALENDAR YEAR;
   (II)  CONTAINING  AND  ANALYZING  DATA  RELATING TO COMPLAINTS FOR THE
 PURPOSE OF IDENTIFYING AND RESOLVING SIGNIFICANT  PROBLEMS.  THE  REPORT
 SHALL  REPORT  SEPARATELY  ON DATA RELATING TO COMPLAINTS MADE BY RIDERS
 AND USERS OF THE AUTHORITY'S PARATRANSIT SERVICES;
   (III) EVALUATING THE PROBLEMS EXPERIENCED BY, AND THE COMPLAINTS  MADE
 BY OR ON BEHALF OF, MASS TRANSIT AND PARATRANSIT USERS;
   (IV) CONTAINING RECOMMENDATIONS, AFTER CONSULTATION WITH THE PERMANENT
 CITIZENS ADVISORY COMMITTEE, FOR:
   (A)  PROTECTING  THE HEALTH, SAFETY AND WELFARE AND RIGHTS OF THE MASS
 TRANSIT AND PARATRANSIT USERS; AND
   (B) APPROPRIATE STATE LEGISLATION, RULES  AND  REGULATIONS  AND  OTHER
 ACTION  TO IMPROVE THE QUALITY OF SERVICES TO THE MASS TRANSIT AND PARA-
 TRANSIT USERS; AND
   (V) ANY OTHER MATTERS AS THE DIRECTOR DETERMINES TO BE APPROPRIATE.
   (B) THE INFORMATION CONTAINED IN SUCH REPORT SHALL BE INCLUDED IN  THE
 ANNUAL  REPORT REQUIRED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THIS
 CHAPTER.
   (C) WITHIN SIXTY DAYS OF THE SUBMISSION OF THE  REPORT,  THE  DIRECTOR
 SHALL  CONDUCT  AT LEAST ONE PUBLIC MEETING IN EACH OF THE FIVE BOROUGHS
 OF THE CITY OF NEW YORK TO REPORT ON, EXPLAIN AND DISCUSS THE  DATA  AND
 INFORMATION CONTAINED IN SUCH REPORT.
   6. PUBLIC OUTREACH. (A) THE AUTHORITY SHALL ENSURE THAT THE MASS TRAN-
 SIT  USERS OF THE FACILITIES OF THE AUTHORITY AND THE GENERAL PUBLIC ARE

 A. 3336                             3
 
 FULLY INFORMED AND MADE AWARE OF THE OFFICE OF THE TRANSIT RIDERS  ADVO-
 CATE AND THE COMPLAINT PROCESS, INCLUDING BUT NOT LIMITED TO:
   (I) ESTABLISHING AN EASILY IDENTIFIABLE AND PROMINENTLY DISPLAYED LINK
 ON THE AUTHORITY'S WEBSITE;
   (II) ESTABLISHING A TOLL-FREE NUMBER FOR COMPLAINTS; AND
   (III) DISPLAYING PROMINENTLY THE EXISTENCE OF THE OFFICE AND THE TOLL-
 FREE  NUMBER  ON  BUSES,  TRAINS,  SUBWAYS  AND STATIONS OPERATED BY THE
 AUTHORITY.
   (B) SUCH INFORMATION SHALL BE SET FORTH  IN  ENGLISH  AND  SUCH  OTHER
 LANGUAGES AS THE AUTHORITY DEEMS NECESSARY AND APPROPRIATE.
   §  2.  The metropolitan transportation authority shall, to the maximum
 extent possible, resolve all complaints described in  subdivision  2  of
 section 1279-d of the public authorities law received by it prior to the
 effective  date  of  this act within 60 days after the effective date of
 this act.  Any unresolved complaints remaining with  such  authority  on
 such  date  shall  be  transferred, along with any documents and records
 related thereto, to the office of the  transit  riders  advocate  estab-
 lished by section 1279-d of the public authorities law for resolution.
   §  3.  The  appointment of the director authorized by paragraph (a) of
 subdivision 3 of section 1279-d of the public authorities law  shall  be
 made on or before the effective date of this act.
   §  4. This act shall take effect six months after it shall have become
 a law.