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.  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  andcoherent  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.