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AB742 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                          742

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by  M.  of  A.  ROSENTHAL, GLICK, GOTTFRIED, MAISEL, COLTON,
         MILLMAN, DINOWITZ, PAULIN, JAFFEE, ENGLEBRIGHT --  Multi-Sponsored  by
         --  M. of A. BOYLAND, BRENNAN, GALEF, O'DONNELL, PERRY, SWEENEY, WEIS-
         ENBERG -- read once and referred to  the  Committee  on  Corporations,
         Authorities and Commissions

       AN  ACT  to amend the public authorities law, in relation to eliminating
         the metropolitan  commuter  transportation  authority's  environmental
         quality review exemption

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Subdivisions 3 and 11 of section 1266 of the public author-
    2  ities law, subdivision 3 as amended and subdivision 11 as added by chap-
    3  ter 314 of the laws of 1981, are amended to read as follows:
    4    3. The authority may establish, levy and collect or cause to be estab-
    5  lished, levied and collected  and,  in  the  case  of  a  joint  service
    6  arrangement,  join with others in the establishment, levy and collection
    7  of such fares, tolls, rentals, rates, charges and other fees as  it  may
    8  deem necessary, convenient or desirable for the use and operation of any
    9  transportation  facility  and related services operated by the authority
   10  or by a subsidiary corporation of the authority or under contract, lease
   11  or other arrangement, including joint  service  arrangements,  with  the
   12  authority.  Any such fares, tolls, rentals, rates, charges or other fees
   13  for the transportation of passengers shall be  established  and  changed
   14  only if approved by resolution of the authority adopted by not less than
   15  a  majority vote of the whole number of members of the authority then in
   16  office, with the chairman having one additional vote in the event  of  a
   17  tie vote, and only after a public hearing, provided however, that fares,
   18  tolls,  rentals,  rates, charges or other fees for the transportation of
   19  passengers on any transportation facility which are  in  effect  at  the
   20  time  that  the  then  owner  of  such transportation facility becomes a

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02340-01-3
       A. 742                              2

    1  subsidiary corporation of the authority or at the time that operation of
    2  such transportation  facility  is  commenced  by  the  authority  or  is
    3  commenced  under  contract,  lease or other arrangement, including joint
    4  service  arrangements,  with  the  authority  may be continued in effect
    5  without such a hearing. Such fares, tolls, rentals, rates,  charges  and
    6  other  fees shall be established as may in the judgment of the authority
    7  be necessary to maintain the combined operations of  the  authority  and
    8  its  subsidiary  corporations on a self-sustaining basis. The said oper-
    9  ations shall be deemed to be on a self-sustaining basis as  required  by
   10  this  title,  when the authority is able to pay or cause to be paid from
   11  revenue and any other  funds  or  property  actually  available  to  the
   12  authority  and  its subsidiary corporations (a) as the same shall become
   13  due, the principal of and interest on the  bonds  and  notes  and  other
   14  obligations  of  the  authority  and  of  such  subsidiary corporations,
   15  together with the maintenance of proper reserves therefor, (b) the  cost
   16  and  expense  of  keeping the properties and assets of the authority and
   17  its subsidiary corporations in good condition and repair,  and  (c)  the
   18  capital  and  operating  expenses  of  the  authority and its subsidiary
   19  corporations. The authority may contract with the holders of  bonds  and
   20  notes  with  respect  to  the  exercise of the powers authorized by this
   21  section. [No acts or activities taken or proposed to  be  taken  by  the
   22  authority  or any subsidiary of the authority pursuant to the provisions
   23  of this subdivision shall be deemed to be "actions" for the purposes  or
   24  within  the  meaning  of article eight of the environmental conservation
   25  law.]
   26    11. No project to be constructed upon real property  theretofore  used
   27  for  a  transportation  purpose, or on an insubstantial addition to such
   28  property contiguous thereto, which will not change in a material respect
   29  the general character of such prior transportation use, nor any acts  or
   30  activities  in  connection  with  such  project, shall be subject to the
   31  provisions of article [eight,] nineteen, twenty-four or  twenty-five  of
   32  the  environmental  conservation  law,  or to any local law or ordinance
   33  adopted pursuant to any such article. [Nor shall any acts or  activities
   34  taken or proposed to be taken by the authority or by any other person or
   35  entity,  public  or  private,  in  connection with the planning, design,
   36  acquisition, improvement, construction, reconstruction or rehabilitation
   37  of a transportation facility, other than a marine or aviation  facility,
   38  be  subject  to  the  provisions  of  article eight of the environmental
   39  conservation law, or to any local law or ordinance adopted  pursuant  to
   40  any such article if such acts or activities require the preparation of a
   41  statement  under  or pursuant to any federal law or regulation as to the
   42  environmental impact thereof.]
   43    S 2. This act shall take effect immediately.
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