A00751 Summary:

BILL NOA00751
 
SAME ASNo same as
 
SPONSORRabbitt
 
COSPNSR
 
MLTSPNSR
 
Amd S1279-b, Pub Auth L
 
Relates to the election by certain counties to withdraw from the metropolitan commuter transportation district, and permits the counties of Orange and Rockland to make such election.
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A00751 Actions:

BILL NOA00751
 
01/05/2011referred to corporations, authorities and commissions
01/04/2012referred to corporations, authorities and commissions
05/01/2012held for consideration in corporations, authorities and commissions
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A00751 Floor Votes:

There are no votes for this bill in this legislative session.
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A00751 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           751
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities law, in relation to the  election
          by  certain counties to withdraw from the metropolitan commuter trans-

          portation district; and in relation  to  permitting  the  counties  of
          Orange and Rockland to make such election
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1279-b of the public authorities law, as  added  by
     2  chapter 669 of the laws of 1986, the opening paragraph of subdivision 1,
     3  the opening paragraph of paragraph (a) of subdivision 1 and subdivisions
     4  3  and  5  as  amended by chapter 670 of the laws of 1986, is amended to
     5  read as follows:
     6    § 1279-b.  Transition--election  to  withdraw  from  the  metropolitan
     7  commuter  transportation district. 1. The counties of [Dutchess,] Orange
     8  and Rockland shall have an option  to  withdraw  from  the  metropolitan
     9  commuter transportation district and have such withdrawal take effect on

    10  either:  (a)  [January] April first, [nineteen hundred eighty-seven] two
    11  thousand twelve. If any such county plans to withdraw from the  district
    12  on  [January]  April first, [nineteen hundred eighty-seven] two thousand
    13  twelve, it shall (i) no later than seventy-five days after the effective
    14  date of this section, furnish the commissioner  of  transportation,  and
    15  chairman of the authority and the other counties which have an option to
    16  withdraw,  a  resolution  adopted  by  the  county legislature providing
    17  notice of intent to withdraw, (ii) on or before [October] January first,
    18  [nineteen hundred  eighty-six]  two  thousand  eleven,  furnish  to  the

    19  commissioner  of transportation, the chairman of the authority and other
    20  counties which have an option to withdraw, a resolution adopted  by  the
    21  county  legislature  providing for a public transportation plan. For the
    22  purposes of this section, a "public transportation plan"  shall  mean  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03892-01-1

        A. 751                              2
 
     1  plan  that  maintains  adequate  and  continuous  public  transportation
     2  services from the withdrawing county to the city  of  New  York  or  any
     3  terminus  previously served, provides a reasonable level of rail passen-
     4  ger service, provides a schedule for implementing such service, protects

     5  the  public  investment  in the rail transportation system and any other
     6  criteria deemed necessary by the commissioner  of  transportation.  Such
     7  public  transportation  plan  shall  include,  but not be limited to, an
     8  agreement by which such county shall be entitled to lease the facilities
     9  and services comprising such rail transportation system at  fair  market
    10  value  and under such terms and conditions to be determined as set forth
    11  in subdivision six of this section. Prior to withdrawal pursuant to this
    12  paragraph or paragraph (b) of this subdivision, a  county  must  receive
    13  approval  of its public transportation plan pursuant to paragraph (c) of
    14  this subdivision, (iii)  on  or  before  December  fifteenth,  [nineteen

    15  hundred  eighty-six]  two  thousand  eleven, furnish the commissioner of
    16  transportation, a copy of an agreement with the authority or an operator
    17  of rail passenger service for the provision of rail passenger service to
    18  and from such county and the city of New York or any terminus previously
    19  served. If such agreement has  not  been  concluded  by  the  respective
    20  parties,  and  a  party has exercised its rights pursuant to subdivision
    21  six of this section, the approval of the commissioner of  transportation
    22  shall  not  be required and the agreement or order set forth in subdivi-
    23  sion six of this section, shall determine the terms  and  conditions  of
    24  such  withdrawal.  If  a  county planning to withdraw on [January] April

    25  first, [nineteen hundred eighty-seven] two thousand twelve is unable  to
    26  withdraw  because  it could not meet the requirements of this paragraph,
    27  it may elect to withdraw pursuant to paragraph (b) of  this  subdivision
    28  hereafter.
    29    (b)  January first, [nineteen hundred eighty-eight] two thousand thir-
    30  teen or January first, [nineteen hundred eighty-nine] two thousand four-
    31  teen. If any such county plans to  withdraw  on  either  January  first,
    32  [nineteen  hundred eighty-eight] two thousand thirteen or January first,
    33  [nineteen hundred eighty-nine] two thousand fourteen, it  shall  (i)  no
    34  later than ninety days after the first of January of the year immediate-
    35  ly  preceding  the  year in which such county plans to withdraw from the

    36  district, furnish the commissioner of transportation,  the  chairman  of
    37  the authority and the other counties which have an option to withdraw, a
    38  resolution  adopted by the county legislature providing notice of intent
    39  to withdraw from the district, (ii) no later  than  one  hundred  twenty
    40  days  after  the  first of January of the year immediately preceding the
    41  year in which such county plans to withdraw from the district furnish to
    42  the commissioner of transportation, the chairman of  the  authority  and
    43  the  counties  which  have an option to withdraw a resolution adopted by
    44  the  county  legislature  providing  a  public  transportation  plan  as
    45  described  in this section, (iii) on or before October first of the year
    46  immediately preceding the year in which such county  plans  to  withdraw
    47  from  the  district,  furnish to the commissioner a copy of an agreement

    48  with the authority or an operator of  rail  passenger  service  for  the
    49  provision of rail passenger service to and from such county and the city
    50  of New York or any terminus previously served. If such agreement has not
    51  been  concluded by the respective parties, and a party has exercised its
    52  rights pursuant to subdivision six of this section, the approval of  the
    53  commissioner  of  transportation shall not be required and the agreement
    54  or order set forth in such subdivision six shall determine the terms and
    55  conditions of such withdrawal.

        A. 751                              3
 
     1    (c) No later than thirty days after receipt of the public  transporta-
     2  tion  plan  the commissioner of transportation shall, in writing, either

     3  approve  such  plan  as  conforming  with  the  requirements  heretofore
     4  described  or  disapprove such plan as failing to meet such requirements
     5  and  the  reasons  therefor.  Disapproval of a plan shall not prohibit a
     6  county from resubmitting a public transportation plan and such resubmit-
     7  ted plan shall be approved or disapproved no  later  than  fifteen  days
     8  after  receipt  by the commissioner of transportation. The public trans-
     9  portation plan shall be subject to any state or federal  public  hearing
    10  requirements  which  the  authority would be subject to if the authority
    11  made the changes proposed by such plan.
    12    (d) Any such county which plans to withdraw  from  the  district  must
    13  meet  the  requirements  of  this section prior to the effective date of
    14  withdrawal, and no withdrawal for the purposes  of  this  section  shall

    15  take  effect  unless such county furnishes the resolutions and agreement
    16  prior to the effective date of withdrawal.
    17    2. The authority and any subsidiary corporation of the authority shall
    18  enter into an agreement or agreements with a county that plans to  with-
    19  draw from the district to transfer and assign to such county all author-
    20  ity  and subsidiary railroad facilities and operations, rights and obli-
    21  gations,  and  contract  rights  and  obligations,  including  operating
    22  contract  rights  and obligations, which are owned, operated, maintained
    23  or used directly or by contract or which are otherwise involved  in  the
    24  provision  of  railroad  services to such counties. Such agreement shall
    25  provide, in the event a facility,  operation,  right  or  obligation  is
    26  necessary and material to the provision of rail passenger service in the

    27  district  or  is  not  assignable  under  applicable  bond  covenants or
    28  contracts or the parties agree that it should not be assigned, that  the
    29  authority  or subsidiary thereof shall continue to hold and be responsi-
    30  ble for such facility, operation, right  or  obligation  and  that  such
    31  county  shall reimburse to the authority that portion of the cost to the
    32  authority or subsidiary of its retention of  such  facility,  operation,
    33  right  or  obligation  that is allocable [to] within such county. If the
    34  parties agree that the authority or subsidiary thereof shall operate the
    35  railroad facilities in a county after the effective date of  such  coun-
    36  ty's  withdrawal,  the  agreement  also  shall provide for the terms and
    37  conditions of the operation of such service.
    38    3. Within forty-five days of the effective date of this  section,  the

    39  authority  and any subsidiary corporation of the authority shall provide
    40  to the counties of [Dutchess,] Orange and Rockland a written  statement,
    41  including  cost  estimates  and  the  useful life, if any, of all of its
    42  facilities, operations, rights and obligations relating to the provision
    43  of rail service in such counties.
    44    4. The authority and any subsidiary corporation of  the  authority  is
    45  authorized  to  enter into an agreement or agreements with a county that
    46  plans to withdraw from the district, pursuant to which the authority  or
    47  subsidiary  thereof  will  provide  technical  assistance to such county
    48  prior to, during and after the withdrawal, with respect to the  transfer
    49  of  ownership,  operation,  maintenance  and  use of railroad facilities
    50  within such county. Such agreement may provide that the county reimburse

    51  the authority or its subsidiary for the cost to the  authority  and  its
    52  subsidiary for the provision of such technical assistance.
    53    5. The authority shall have no obligation to undertake or continue any
    54  project  or  part  thereof  in  a current or future capital program plan
    55  which pertains to railroad facilities within or  services  to  a  county
    56  that withdraws from the district on or after such date of withdrawal nor

        A. 751                              4
 
     1  shall the authority enter into any contract for a project or part there-
     2  of  which would increase liabilities pursuant to subdivision [six] six-a
     3  of this section in a county after such county notifies the authority  of
     4  its  intent  to withdraw as provided in subdivision one of this section,
     5  provided, however, that if the authority has executed a contract for the

     6  effectuation of a project or part thereof in a capital program  plan  in
     7  such  county,  it  shall  be  assigned to such county in accordance with
     8  subdivision two of this section, unless the parties agree that it  shall
     9  not  be assigned and that the authority or its subsidiary shall continue
    10  to be responsible therefor, in which event the  county  shall  reimburse
    11  the  authority  or  its  subsidiary in accordance with the provisions of
    12  subdivision two of this section.
    13    6. Should the counties of Orange or Rockland seek to withdraw from the
    14  district pursuant to this section, any such county  and  the  authority,
    15  and/or, if appropriate any subsidiary corporation of the authority shall
    16  negotiate in good faith any agreement required by this section for with-

    17  drawal  from  the  district.  Such negotiations shall commence not later
    18  than fifteen days after the public transportation plan prepared  by  any
    19  such  county has been submitted by such county to the authority, and/or,
    20  if appropriate, a subsidiary authority. In no event shall  a  county  be
    21  required  to negotiate with both the authority and a subsidiary authori-
    22  ty. The negotiations conducted by and the actions of  the  authority  or
    23  subsidiary  authority  shall  be  binding.  If after sixty days from the
    24  commencement of such negotiations or at any time thereafter the authori-
    25  ty or any subsidiary corporation of  the  authority  and  a  county  are
    26  unable  to  reach  an  agreement required by this section for such with-

    27  drawal, either party may make application to a justice  of  the  supreme
    28  court presiding in the counties of Orange or Rockland for appointment of
    29  a  special  referee.  Each  party  shall  submit  to  the justice a list
    30  containing the names and qualifications of  five  persons  to  serve  as
    31  special  referee.  The  justice  shall  select one person from among the
    32  names submitted by the parties to serve as special referee. The  special
    33  referee shall mediate the negotiations for withdrawal for a period of no
    34  longer  than  sixty  days.  If, at the end of said sixty day period, the
    35  parties are not able to reach  agreement,  the  special  referee  shall,
    36  within  thirty days thereafter, recommend the terms of the withdrawal to

    37  the justice. The justice shall review the recommendations of the referee
    38  and the positions of the  parties  thereon  and  shall  issue  an  order
    39  setting  forth the terms of the withdrawal. Notwithstanding the entry of
    40  such order, a county shall have fifteen days  from  the  entry  of  such
    41  order  to  terminate  such  proceeding. Upon the timely exercise of such
    42  right to terminate, such proceeding shall be deemed null and void and of
    43  no further effect. If a county has not exercised its right to terminate,
    44  said order shall be subject to appellate review in accordance  with  the
    45  civil  practice  law  and rules, provided that any appeal from the order
    46  shall be granted expedited status.

    47    6-a. Any county which withdraws from the district shall  reimburse  to
    48  the authority or its subsidiary, within the time period agreed to by the
    49  parties, any capital expenditures heretofore undertaken by the authority
    50  or  its subsidiary for railroad facilities only within such county which
    51  were financed by commuter railroad revenue bonds issued by the metropol-
    52  itan transportation authority pursuant to section twelve hundred  sixty-
    53  nine  of this [article] title and are assigned to such county in accord-
    54  ance with the provisions of subdivision two of this section.
    55    [7.] 6-b. The obligations of a county that withdraws from the district
    56  to reimburse the authority and any subsidiary corporation of the author-

        A. 751                              5
 

     1  ity for the  costs  of  operation,  maintenance  and  use  of  passenger
     2  stations pursuant to section twelve hundred seventy-seven of this [arti-
     3  cle]  title, shall continue for any such costs incurred up to the effec-
     4  tive  date  of  the  county's withdrawal from the district and for costs
     5  incurred thereafter that result from acts preceding such withdrawal, and
     6  the applicability of the  payment  provisions  and  procedures  of  such
     7  section twelve hundred seventy-seven to such county shall continue ther-
     8  eafter with respect to the aforesaid costs.
     9    [8.]  7.  In  the  event  of a county's failure to make payment of any
    10  monies determined by the authority to be owed and due it or any  subsid-
    11  iary corporation of the authority pursuant to the terms of any agreement

    12  entered  into  pursuant  to this section, the authority is authorized to
    13  recover such payments in the same manner as in  section  twelve  hundred
    14  seventy-seven  of  this  [article] title and the state comptroller shall
    15  withhold and pay monies to the authority in accordance with  the  proce-
    16  dures set forth in that section.
    17    [9.]  8. The term of office of any resident of a county that withdraws
    18  from the district under this section, as a member of the  board  of  the
    19  authority, the Metro-North rail commuter council or the management advi-
    20  sory  board,  which is based upon residence in such county, shall termi-
    21  nate upon the county's withdrawal and the office shall be deemed  vacant
    22  and filled in the manner provided by law.
    23    [10.]  9. The provisions of this section and all agreements undertaken

    24  in accordance herewith shall be subject to the rights of the holders  of
    25  any outstanding bonds or notes issued by the authority.
    26    § 2. This act shall take effect immediately.
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