•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video 

S02311 Summary:

BILL NOS02311
 
SAME ASNo Same As
 
SPONSORALCANTARA
 
COSPNSR
 
MLTSPNSR
 
Amd 1277 & 1279-a, Pub Auth L
 
Requires the city of New York or county within the district to make maintenance of escalators, elevators and other facilities in passenger stations a priority; requires daily inspections, reports to MTA inspector general and the management advisory board, emergency repair order after two consecutive daily reports of inoperable facilities, and annual reports by the management advisory board.
Go to top

S02311 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2311
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    January 13, 2017
                                       ___________
 
        Introduced by Sen. ALCANTARA -- 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 ensuring
          public  accessibility  in  certain  mass  transit  and  rapid  transit
          stations

          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    §  1277. Station operation and maintenance. The operation, maintenance
     4  and use of passenger stations shall be public purposes of  the  city  of
     5  New York and the counties within the district.  1. (a) 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  For the year commencing April first, nineteen hundred  ninety-nine,  the
    21  total  payment  amount  to be billed by the authority for the operation,
    22  maintenance and use of each passenger station within  the  city  of  New
    23  York and the counties of Nassau, Suffolk, Westchester, Dutchess, Putnam,
    24  Orange,  and  Rockland  shall  be calculated by summing the total amount
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07012-01-7

        S. 2311                             2
 
     1  listed in the base amount table plus an adjustment  to  such  base  year
     2  amount  equal  to  the base amount times the increase or decrease in the
     3  Consumer Price Index for Wage Earners and Clerical Workers for  the  New
     4  York, Northeastern-New Jersey Standard Metropolitan Statistical Area for
     5  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  For  each year thereafter, such total payment for each such county shall
    17  be the same amount as the total payment  during  the  immediately  prior
    18  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
    23  city and each such county shall pay to the authority such cost or amount
    24  so  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 authori-
    28  ty, 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-

        S. 2311                             3
 
     1  ant  to the provisions of the city university construction fund act; the
     2  New  York  city  housing  development  corporation,  pursuant   to   the
     3  provisions  of  the  New  York  city housing development corporation act
     4  (article  twelve  of  the  private housing finance law); and the transit
     5  construction fund pursuant to the provisions of title nine-A of  article
     6  five  of  this  chapter.  The comptroller shall give the director of the
     7  budget notification of any such payment. Such amount or amounts so with-
     8  held by the comptroller shall be paid to the authority and the authority
     9  shall use such amount for the repayment of  the  state  advances  hereby
    10  authorized.  When  such amount or amounts are received by the authority,
    11  it shall credit such amounts against any amounts due and  owing  by  the
    12  city or county on whose account such amount was withheld and paid.
    13    2. Notwithstanding any law, administrative code, rule or regulation to
    14  the contrary, the maintenance of escalators, elevators, wheelchair lifts
    15  on city buses and other facilities in passenger stations that expand use
    16  to  persons with disabilities shall be a priority of the authority.  The
    17  authority shall provide for a daily inspection of each such station  and
    18  city  bus.  If an escalator, elevator, wheelchair lift or other facility
    19  is deemed inoperable during such inspection, the authority  shall  imme-
    20  diately  initiate  repair  and  file a written report with the authority
    21  inspector general and the management advisory board. If such  escalator,
    22  elevator, wheelchair lift or other facility is deemed inoperable for two
    23  or  more  consecutive  daily  inspections, such inspector general shall,
    24  upon review of the repair status, issue or approve an  emergency  repair
    25  order  and  shall  monitor the repair process of such facility to ensure
    26  expeditious return to service. For purposes of this section, an  escala-
    27  tor,  elevator,  wheelchair  lift  or  other facility must be considered
    28  inoperable when it cannot reasonably accommodate a  wheelchair  user  or
    29  other  persons  with  disabilities in the way it was originally designed
    30  to.  Daily inspections and reports shall continue during each period  of
    31  repair  for  the  annual  reporting requirements provided in subdivision
    32  four of section twelve hundred seventy-nine-a of this title.
    33    § 2. Section 1279-a of the public authorities law, as added by chapter
    34  427 of the laws of 1983, is amended to read as follows:
    35    § 1279-a. Management advisory board. 1. There is hereby created in the
    36  office of the metropolitan transportation authority inspector general  a
    37  management  advisory  board, consisting of thirteen members appointed by
    38  the governor, of whom two shall be  appointed  upon  nomination  by  the
    39  temporary president of the senate, two upon nomination by the speaker of
    40  the  assembly,  one upon nomination by the minority leader of the senate
    41  and one upon nomination by the minority  leader  of  the  assembly.  All
    42  members  shall  serve for a term of three years, except that, of the two
    43  members first appointed upon nomination by the  temporary  president  of
    44  the  senate, one shall serve for a term of two years and one shall serve
    45  for a term of one year; of the two members first  appointed  upon  nomi-
    46  nation by the speaker of the assembly, one shall serve for a term of two
    47  years  and  one  shall  serve for a term of one year; and, of two of the
    48  members first appointed by the governor without nomination by any  other
    49  person,  two shall each serve for a term of two years and two shall each
    50  serve for a term of one year.  One  of  the  members  appointed  to  the
    51  management  advisory  board directly by the governor shall be designated
    52  by the governor to serve as its [chairman] chairperson.
    53    2. All members of the management advisory board shall be residents  of
    54  the  metropolitan  transportation  district, patrons of the mass transit
    55  and rapid transit systems and shall be persons with substantial  experi-

        S. 2311                             4
 
     1  ence  in the management of private enterprise, in the delivery of public
     2  services, or in labor or labor-management relations.
     3    3.  The management advisory board shall assist the metropolitan trans-
     4  portation authority inspector general in  identifying  ways  to  improve
     5  services,  accessibility  for  persons with disabilities, maintenance of
     6  passenger stations and wheelchair lifts on city buses, reduce costs  and
     7  increase  the  efficiency  of  the  authority  and its subsidiaries, the
     8  Triborough bridge and tunnel authority or  the  New  York  city  transit
     9  authority and its subsidiary.
    10    4.  No later than April first, nineteen hundred eighty-four, and annu-
    11  ally thereafter, the management  advisory  board  shall  submit  to  the
    12  governor  and  the  legislature  a  report  on its activities during the
    13  previous year.
    14    5. The office of the metropolitan transportation  authority  inspector
    15  general  shall  provide  the  management  advisory board with such staff
    16  support as may be required for the performance of its duties.
    17    6. Members of  the  management  advisory  board  shall  serve  without
    18  compensation,  but  shall be reimbursed for expenses reasonably incurred
    19  in the performance of their duties.
    20    § 3. This act shall take effect on the thirtieth day  after  it  shall
    21  have become a law.
Go to top