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

A02073 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2073
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  M.  of  A. ZEBROWSKI, GUNTHER, BRABENEC -- read once and
          referred to the Committee 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 county of Putnam
          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  Putnam  and Rockland shall have an option to withdraw from the metropol-
     9  itan commuter transportation district  and  have  such  withdrawal  take
    10  effect  on  either: (a) [January] April first, [nineteen hundred eighty-
    11  seven] two thousand twenty-three. If any such county plans  to  withdraw
    12  from  the  district  on [January] April first, [nineteen hundred eighty-
    13  seven] two thousand twenty-three, it shall (i) no  later  than  seventy-
    14  five  days after the effective date of this section, furnish the commis-
    15  sioner of transportation, and chairman of the authority  and  the  other
    16  counties  which  have an option to withdraw, a resolution adopted by the
    17  county legislature providing notice of intent to withdraw,  (ii)  on  or
    18  before  [October] January first, [nineteen hundred eighty-six] two thou-
    19  sand twenty-two, furnish to  the  commissioner  of  transportation,  the
    20  chairman  of  the  authority  and other counties which have an option to
    21  withdraw, a resolution adopted by the county legislature providing for a
    22  public transportation plan. For the purposes of this section, a  "public
    23  transportation  plan"  shall  mean  a  plan  that maintains adequate and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06080-01-1

        A. 2073                             2
 
     1  continuous public transportation services from the withdrawing county to
     2  the city of New York or  any  terminus  previously  served,  provides  a
     3  reasonable  level  of  rail  passenger  service, provides a schedule for
     4  implementing  such  service,  protects the public investment in the rail
     5  transportation system and any other criteria  deemed  necessary  by  the
     6  commissioner  of  transportation.  Such public transportation plan shall
     7  include, but not be limited to, an agreement by which such county  shall
     8  be  entitled  to  lease the facilities and services comprising such rail
     9  transportation system at fair market value  and  under  such  terms  and
    10  conditions  to  be  determined  as  set forth in subdivision six of this
    11  section. Prior to withdrawal pursuant to this paragraph or paragraph (b)
    12  of this subdivision, a county must receive approval of its public trans-
    13  portation plan pursuant to paragraph (c) of this subdivision,  (iii)  on
    14  or before December fifteenth, [nineteen hundred eighty-six] two thousand
    15  twenty-two,  furnish  the  commissioner  of transportation, a copy of an
    16  agreement with the authority or an operator of  rail  passenger  service
    17  for  the provision of rail passenger service to and from such county and
    18  the city of New York or any terminus previously served. If  such  agree-
    19  ment  has  not been concluded by the respective parties, and a party has
    20  exercised its rights pursuant to subdivision six of  this  section,  the
    21  approval of the commissioner of transportation shall not be required and
    22  the  agreement  or  order  set forth in subdivision six of this section,
    23  shall determine the terms and conditions of such withdrawal.
    24    If a county planning to withdraw on [January] April  first,  [nineteen
    25  hundred  eighty-seven]  two  thousand twenty-three is unable to withdraw
    26  because it could not meet the requirements of  this  paragraph,  it  may
    27  elect to withdraw pursuant to paragraph (b) of this subdivision hereaft-
    28  er.
    29    (b)  January first, [nineteen hundred eighty-eight] two thousand twen-
    30  ty-four or January first, [nineteen hundred  eighty-nine]  two  thousand
    31  twenty-five.    If  any  such county plans to withdraw on either January
    32  first, [nineteen hundred eighty-eight] two thousand twenty-four or Janu-
    33  ary first, [nineteen hundred eighty-nine] two thousand  twenty-five,  it
    34  shall  (i)  no  later than ninety days after the first of January of the
    35  year immediately preceding the year in which such county plans to  with-
    36  draw  from the district, furnish the commissioner of transportation, the
    37  chairman of the authority and the other counties which have an option to
    38  withdraw, a resolution  adopted  by  the  county  legislature  providing
    39  notice  of  intent to withdraw from the district, (ii) no later than one
    40  hundred twenty days after the first of January of the  year  immediately
    41  preceding  the  year  in  which  such  county plans to withdraw from the
    42  district furnish to the commissioner of transportation, the chairman  of
    43  the authority and the counties which have an option to withdraw a resol-
    44  ution  adopted  by the county legislature providing a public transporta-
    45  tion plan as described in this section, (iii) on or before October first
    46  of the year immediately preceding the year in which such county plans to
    47  withdraw from the district, furnish to the commissioner  a  copy  of  an
    48  agreement  with  the  authority or an operator of rail passenger service
    49  for the provision of rail passenger service to and from such county  and
    50  the  city of New York or any terminus previously served.  If such agree-
    51  ment has not been concluded by the respective parties, and a  party  has
    52  exercised  its  rights  pursuant to subdivision six of this section, the
    53  approval of the commissioner of transportation shall not be required and
    54  the agreement or order set forth in such subdivision six shall determine
    55  the terms and conditions of such withdrawal.

        A. 2073                             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,  Putnam  and  Rockland  a  written
    41  statement,  including cost estimates and the useful life, if any, of all
    42  of its facilities, operations, rights and obligations  relating  to  the
    43  provision 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. 2073                             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 Dutchess, Orange, Putnam or Rockland seek to
    14  withdraw from the district pursuant to this section, any such county and
    15  the authority, and/or, if appropriate any subsidiary corporation of  the
    16  authority  shall  negotiate in good faith any agreement required by this
    17  section for  withdrawal  from  the  district.  Such  negotiations  shall
    18  commence  not  later  than  fifteen days after the public transportation
    19  plan prepared by any such county has been submitted by  such  county  to
    20  the  authority,  and/or,  if  appropriate, a subsidiary authority. In no
    21  event shall a county be required to negotiate with  both  the  authority
    22  and  a  subsidiary  authority.  The  negotiations  conducted  by and the
    23  actions of the authority or subsidiary authority shall be binding.    If
    24  after  sixty  days  from the commencement of such negotiations or at any
    25  time thereafter the authority  or  any  subsidiary  corporation  of  the
    26  authority and a county are unable to reach an agreement required by this
    27  section  for  such  withdrawal,  either  party may make application to a
    28  justice of the supreme court presiding  in  the  counties  of  Dutchess,
    29  Orange,  Putnam  or  Rockland for appointment of a special referee. Each
    30  party shall submit to the justice a list containing the names and quali-
    31  fications of five persons to serve as special referee. The justice shall
    32  select one person from among the names submitted by the parties to serve
    33  as special referee. The special referee shall mediate  the  negotiations
    34  for withdrawal for a period of no longer than sixty days. If, at the end
    35  of  said  sixty day period, the parties are not able to reach agreement,
    36  the special referee shall, within thirty days thereafter, recommend  the
    37  terms  of  the  withdrawal  to the justice. The justice shall review the
    38  recommendations of the referee and the positions of the parties  thereon
    39  and  shall  issue  an  order  setting forth the terms of the withdrawal.
    40  Notwithstanding the entry of such order, a  county  shall  have  fifteen
    41  days from the entry of such order to terminate such proceeding. Upon the
    42  timely  exercise  of  such  right to terminate, such proceeding shall be
    43  deemed null and void and of no further effect. If a county has not exer-
    44  cised its right to terminate, said order shall be subject  to  appellate
    45  review  in  accordance  with  the civil practice law and rules, provided
    46  that any appeal from the order 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. 2073                             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    8.  The  authority shall make payment to the county that withdraws for
    18  the difference in the amount of services received from the authority and
    19  monies paid by the county  to  the  authority,  this  payment  shall  be
    20  extrapolated  over  the previous five years from the date of withdrawal.
    21  If the authority fails to make such payment to the  county,  the  amount
    22  owed  shall  be withheld by the state comptroller from the authority and
    23  the monies shall be paid to the county.
    24    9.  The term of office of any resident of a county that withdraws from
    25  the district under this section, as a member of the board of the author-
    26  ity, the Metro-North rail commuter council or  the  management  advisory
    27  board,  which  is  based  upon residence in such county, shall terminate
    28  upon the county's withdrawal and the office shall be deemed  vacant  and
    29  filled in the manner provided by law.
    30    10.    The provisions of this section and all agreements undertaken in
    31  accordance herewith shall be subject to the rights of the holders of any
    32  outstanding bonds or notes issued by the authority.
    33    § 2. This act shall take effect immediately.
Go to top