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AB1506 Text:

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

                                         1506

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Corporations, Authorities and Commissions

       AN ACT to amend the public authorities law, in relation to requiring the
         MTA to post a schedule of station closings

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

    1    Section 1. Section 1277 of the public authorities law, as  amended  by
    2  chapter 161 of the laws of 2000, is amended to read as follows:
    3    S  1277. Station operation and maintenance. 1. A. The operation, main-
    4  tenance and use of passenger stations shall be public  purposes  of  the
    5  city of New York and the counties within the district. The total cost to
    6  the  authority  and  each  of  its subsidiary corporations of operation,
    7  maintenance and use  of  each  passenger  station  within  the  district
    8  serviced  by one or more railroad facilities of the authority or of such
    9  subsidiary corporation, including the  buildings,  appurtenances,  plat-
   10  forms,  lands  and  approaches  incidental or adjacent thereto, shall be
   11  borne by the city of New York if such station is located  in  such  city
   12  or,  if  not located in such city, by such county within the district in
   13  which such station is located. On or before June first of each year, the
   14  authority shall, in accordance with the method specified herein,  deter-
   15  mine  and  certify to the city of New York and to each county within the
   16  district the respective allocation of costs related  to  the  operation,
   17  maintenance and use of passenger stations within such city and each such
   18  other  county,  for  the  twelve month period ending the preceding March
   19  thirty-first.
   20    (I) For the year commencing April first, nineteen hundred ninety-nine,
   21  the total payment amount to be billed by the authority  for  the  opera-
   22  tion,  maintenance  and use of each passenger station within the city of
   23  New York and the counties of  Nassau,  Suffolk,  Westchester,  Dutchess,
   24  Putnam,  Orange,  and  Rockland shall be calculated by summing the total

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04082-01-3
       A. 1506                             2

    1  amount listed in the base amount table plus an adjustment to  such  base
    2  year  amount  equal to the base amount times the increase or decrease in
    3  the Consumer Price Index for Wage Earners and Clerical Workers  for  the
    4  New York, Northeastern-New Jersey Standard Metropolitan Statistical Area
    5  for the twelve-month period being billed.

    6                              BASE AMOUNT TABLE
    7         County                                Base Amount
    8         Nassau                                $19,200,000
    9         Suffolk                               $11,834,091
   10         Westchester                           $13,269,310
   11         Dutchess                              $ 1,581,880
   12         Putnam                                $   618,619
   13         Orange                                $   327,247
   14         Rockland                              $    34,791
   15         City of New York                      $61,435,330
   16    (II) For each year thereafter, such total payment for each such county
   17  shall  be  the  same  amount as the total payment during the immediately
   18  prior year, plus an adjustment equal to the prior year amount times  the
   19  increase  or  decrease  in the Consumer Price Index for Wage Earners and
   20  Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
   21  Metropolitan Statistical Area for the twelve-month period being billed.
   22    B. On or before the following September first, of each year, such city
   23  and  each  such county shall pay to the authority such cost or amount so
   24  certified to it on or before the preceding June first.   Such  city  and
   25  each  such  county  shall  have power to finance such costs to it by the
   26  issuance of budget notes pursuant to section 29.00 of the local  finance
   27  law.  For the year beginning April first, two thousand four, the author-
   28  ity, the city of New York and the counties of Nassau, Suffolk, Westches-
   29  ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
   30  agreement, recommend to the legislature modifications to the amounts set
   31  forth  above  based upon changes made to commuter services including but
   32  not limited to changes in the number of passenger stations  within  such
   33  counties  or  the  level  of  commuter rail service provided to any such
   34  passenger stations.  Failure between the authority and between the coun-
   35  ties to reach agreement will be referred to the  state  comptroller  for
   36  mediation.  If  the  mediation is unsuccessful, each party and the state
   37  comptroller may submit a recommendation to the governor and the legisla-
   38  ture for legislative action.
   39    C. In the event that a city or county shall fail to  make  payment  to
   40  the  authority  for  station  maintenance  as  required pursuant to this
   41  section, or any part thereof, the chief executive officer of the author-
   42  ity or such other person as the chairman shall designate  shall  certify
   43  to  the  state comptroller the amount due and owing the authority at the
   44  end of the state fiscal year and the state comptroller shall withhold an
   45  equivalent amount from the next succeeding state aid allocated  to  such
   46  county  or  city from the motor fuel tax and the motor vehicle registra-
   47  tion fee distributed pursuant to former section one  hundred  twelve  of
   48  the highway law, or amounts distributed pursuant to section ten-c of the
   49  highway  law,  or per capita local assistance pursuant to section fifty-
   50  four of the state finance law  subject  to  the  following  limitations:
   51  prior to withholding amounts due the authority from such county or city,
   52  the  comptroller  shall pay in full any amount due the state of New York
   53  municipal bond bank agency, on account of any such  county's  or  city's
   54  obligation  to such agency; the city university construction fund pursu-
   55  ant to the provisions of the city university construction fund act;  the
       A. 1506                             3

    1  New   York   city  housing  development  corporation,  pursuant  to  the
    2  provisions of the New York  city  housing  development  corporation  act
    3  (article  twelve  of  the  private housing finance law); and the transit
    4  construction  fund pursuant to the provisions of title nine-A of article
    5  five of this chapter.  The comptroller shall give the  director  of  the
    6  budget notification of any such payment. Such amount or amounts so with-
    7  held by the comptroller shall be paid to the authority and the authority
    8  shall  use  such  amount  for the repayment of the state advances hereby
    9  authorized. When such amount or amounts are received by  the  authority,
   10  it  shall  credit  such amounts against any amounts due and owing by the
   11  city or county on whose account such amount was withheld and paid.
   12    2. A. WHENEVER THE AUTHORITY WILL CLOSE A STATION FOR A PERIOD OF TIME
   13  IN EXCESS OF TWENTY-FOUR HOURS, THE AUTHORITY, AT LEAST SIX MONTHS PRIOR
   14  TO SUCH SCHEDULED CLOSING DATE, MUST FILE A COPY OF SUCH SCHEDULED CLOS-
   15  INGS WITH THE STATE COMPTROLLER, THE NEW YORK CITY CONTROLLER,  THE  NEW
   16  YORK CITY OFFICE OF ECONOMIC DEVELOPMENT, ALL AFFECTED COMMUNITY BOARDS,
   17  AND ANY LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL.
   18    B.  THE AUTHORITY SHALL BE REQUIRED TO HOLD A PUBLIC HEARING AFTER THE
   19  FILING OF THE SCHEDULED CLOSINGS BUT PRIOR TO SUCH CLOSING DATE.
   20    C.  THE AUTHORITY SHALL NOT CLOSE ANY STATION FOR ONE WEEK  COMMENCING
   21  ON THE FOURTH WEDNESDAY IN NOVEMBER.
   22    D.  THE  AUTHORITY SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS
   23  OF THIS SUBDIVISION FOR ANY CLOSING THAT RESULTS FROM  EMERGENCY  REPAIR
   24  OR ANY CLOSING THAT WILL BE LESS THAN TWENTY-FOUR HOURS IN DURATION.
   25    S  2.  This  act  shall take effect immediately and shall apply to any
   26  station closings that occur no  sooner  than  seven  months  after  such
   27  effective date.
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