A05547 Summary:

BILL NOA05547
 
SAME ASNo Same As
 
SPONSORBrabenec
 
COSPNSRMorinello, Lawrence
 
MLTSPNSRDeStefano
 
Amd 1279-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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A05547 Actions:

BILL NOA05547
 
02/13/2019referred to corporations, authorities and commissions
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A05547 Committee Votes:

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A05547 Floor Votes:

There are no votes for this bill in this legislative session.
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A05547 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5547
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 13, 2019
                                       ___________
 
        Introduced by M. of A. BRABENEC -- 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  twenty. If any such county plans to withdraw from the district
    12  on [January] April first, [nineteen hundred eighty-seven]  two  thousand
    13  twenty, 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  nineteen, 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
    23  plan  that  maintains  adequate  and  continuous  public  transportation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08135-01-9

        A. 5547                             2
 
     1  services  from  the  withdrawing  county  to the city of New York or any
     2  terminus previously served, provides a reasonable level of rail  passen-
     3  ger service, provides a schedule for implementing such service, protects
     4  the  public  investment  in the rail transportation system and any other
     5  criteria deemed necessary by the commissioner  of  transportation.  Such
     6  public  transportation  plan  shall  include,  but not be limited to, an
     7  agreement by which such county shall be entitled to lease the facilities
     8  and services comprising such rail transportation system at  fair  market
     9  value  and under such terms and conditions to be determined as set forth
    10  in subdivision six of this section. Prior to withdrawal pursuant to this
    11  paragraph or paragraph (b) of this subdivision, a  county  must  receive
    12  approval  of its public transportation plan pursuant to paragraph (c) of
    13  this subdivision, (iii)  on  or  before  December  fifteenth,  [nineteen
    14  hundred  eighty-six]  two thousand nineteen, furnish the commissioner of
    15  transportation, a copy of an agreement with the authority or an operator
    16  of rail passenger service for the provision of rail passenger service to
    17  and from such county and the city of New York or any terminus previously
    18  served. If such agreement has  not  been  concluded  by  the  respective
    19  parties,  and  a  party has exercised its rights pursuant to subdivision
    20  six of this section, the approval of the commissioner of  transportation
    21  shall  not  be required and the agreement or order set forth in subdivi-
    22  sion six of this section, shall determine the terms  and  conditions  of
    23  such  withdrawal.  If  a  county planning to withdraw on [January] April
    24  first, [nineteen hundred eighty-seven] two thousand twenty is unable  to
    25  withdraw  because  it could not meet the requirements of this paragraph,
    26  it may elect to withdraw pursuant to paragraph (b) of  this  subdivision
    27  hereafter.
    28    (b)  January first, [nineteen hundred eighty-eight] two thousand twen-
    29  ty-one or January first, [nineteen  hundred  eighty-nine]  two  thousand
    30  twenty-two.  If  any  such  county  plans  to withdraw on either January
    31  first, [nineteen hundred eighty-eight] two thousand twenty-one or  Janu-
    32  ary  first,  [nineteen  hundred eighty-nine] two thousand twenty-two, it
    33  shall (i) no later than ninety days after the first of  January  of  the
    34  year  immediately preceding the year in which such county plans to with-
    35  draw from the district, furnish the commissioner of transportation,  the
    36  chairman of the authority and the other counties which have an option to
    37  withdraw,  a  resolution  adopted  by  the  county legislature providing
    38  notice of intent to withdraw from the district, (ii) no later  than  one
    39  hundred  twenty  days after the first of January of the year immediately
    40  preceding the year in which such  county  plans  to  withdraw  from  the
    41  district  furnish to the commissioner of transportation, the chairman of
    42  the authority and the counties which have an option to withdraw a resol-
    43  ution adopted by the county legislature providing a  public  transporta-
    44  tion plan as described in this section, (iii) on or before October first
    45  of the year immediately preceding the year in which such county plans to
    46  withdraw  from  the  district,  furnish to the commissioner a copy of an
    47  agreement with the authority or an operator of  rail  passenger  service
    48  for  the provision of rail passenger service to and from such county and
    49  the city of New York or any terminus previously served. If  such  agree-
    50  ment  has  not been concluded by the respective parties, and a party has
    51  exercised its rights pursuant to subdivision six of  this  section,  the
    52  approval of the commissioner of transportation shall not be required and
    53  the agreement or order set forth in such subdivision six shall determine
    54  the terms and conditions of such withdrawal.
    55    (c)  No later than thirty days after receipt of the public transporta-
    56  tion plan the commissioner of transportation shall, in  writing,  either

        A. 5547                             3

     1  approve  such  plan  as  conforming  with  the  requirements  heretofore
     2  described or disapprove such plan as failing to meet  such  requirements
     3  and  the  reasons  therefor.  Disapproval of a plan shall not prohibit a
     4  county from resubmitting a public transportation plan and such resubmit-
     5  ted  plan  shall  be  approved or disapproved no later than fifteen days
     6  after receipt by the commissioner of transportation. The  public  trans-
     7  portation  plan  shall be subject to any state or federal public hearing
     8  requirements which the authority would be subject to  if  the  authority
     9  made the changes proposed by such plan.
    10    (d)  Any  such  county  which plans to withdraw from the district must
    11  meet the requirements of this section prior to  the  effective  date  of
    12  withdrawal,  and  no  withdrawal  for the purposes of this section shall
    13  take effect unless such county furnishes the resolutions  and  agreement
    14  prior to the effective date of withdrawal.
    15    2. The authority and any subsidiary corporation of the authority shall
    16  enter  into an agreement or agreements with a county that plans to with-
    17  draw from the district to transfer and assign to such county all author-
    18  ity and subsidiary railroad facilities and operations, rights and  obli-
    19  gations,  and  contract  rights  and  obligations,  including  operating
    20  contract rights and obligations, which are owned,  operated,  maintained
    21  or  used  directly or by contract or which are otherwise involved in the
    22  provision of railroad services to such counties.  Such  agreement  shall
    23  provide,  in  the  event  a  facility, operation, right or obligation is
    24  necessary and material to the provision of rail passenger service in the
    25  district or  is  not  assignable  under  applicable  bond  covenants  or
    26  contracts  or the parties agree that it should not be assigned, that the
    27  authority or subsidiary thereof shall continue to hold and be  responsi-
    28  ble  for  such  facility,  operation,  right or obligation and that such
    29  county shall reimburse to the authority that portion of the cost to  the
    30  authority  or  subsidiary  of its retention of such facility, operation,
    31  right or obligation that is allocable [to] within such  county.  If  the
    32  parties agree that the authority or subsidiary thereof shall operate the
    33  railroad  facilities  in a county after the effective date of such coun-
    34  ty's withdrawal, the agreement also shall  provide  for  the  terms  and
    35  conditions of the operation of such service.
    36    3.  Within  forty-five days of the effective date of this section, the
    37  authority and any subsidiary corporation of the authority shall  provide
    38  to  the counties of [Dutchess,] Orange and Rockland a written statement,
    39  including cost estimates and the useful life, if  any,  of  all  of  its
    40  facilities, operations, rights and obligations relating to the provision
    41  of rail service in such counties.
    42    4.  The  authority  and any subsidiary corporation of the authority is
    43  authorized to enter into an agreement or agreements with a  county  that
    44  plans  to withdraw from the district, pursuant to which the authority or
    45  subsidiary thereof will provide  technical  assistance  to  such  county
    46  prior  to, during and after the withdrawal, with respect to the transfer
    47  of ownership, operation, maintenance  and  use  of  railroad  facilities
    48  within such county. Such agreement may provide that the county reimburse
    49  the  authority  or  its subsidiary for the cost to the authority and its
    50  subsidiary for the provision of such technical assistance.
    51    5. The authority shall have no obligation to undertake or continue any
    52  project or part thereof in a current  or  future  capital  program  plan
    53  which  pertains  to  railroad  facilities within or services to a county
    54  that withdraws from the district on or after such date of withdrawal nor
    55  shall the authority enter into any contract for a project or part there-
    56  of which would increase liabilities pursuant to subdivision [six]  six-a

        A. 5547                             4
 
     1  of  this section in a county after such county notifies the authority of
     2  its intent to withdraw as provided in subdivision one of  this  section,
     3  provided, however, that if the authority has executed a contract for the
     4  effectuation  of  a project or part thereof in a capital program plan in
     5  such county, it shall be assigned to  such  county  in  accordance  with
     6  subdivision  two of this section, unless the parties agree that it shall
     7  not be assigned and that the authority or its subsidiary shall  continue
     8  to  be  responsible  therefor, in which event the county shall reimburse
     9  the authority or its subsidiary in accordance  with  the  provisions  of
    10  subdivision two of this section.
    11    6. Should the counties of Orange or Rockland seek to withdraw from the
    12  district  pursuant  to  this section, any such county and the authority,
    13  and/or, if appropriate any subsidiary corporation of the authority shall
    14  negotiate in good faith any agreement required by this section for with-
    15  drawal from the district. Such negotiations  shall  commence  not  later
    16  than  fifteen  days after the public transportation plan prepared by any
    17  such county has been submitted by such county to the authority,  and/or,
    18  if  appropriate,  a  subsidiary authority. In no event shall a county be
    19  required to negotiate with both the authority and a subsidiary  authori-
    20  ty.  The  negotiations  conducted by and the actions of the authority or
    21  subsidiary authority shall be binding. If  after  sixty  days  from  the
    22  commencement of such negotiations or at any time thereafter the authori-
    23  ty  or  any  subsidiary  corporation  of  the authority and a county are
    24  unable to reach an agreement required by this  section  for  such  with-
    25  drawal,  either  party  may make application to a justice of the supreme
    26  court presiding in the counties of Orange or Rockland for appointment of
    27  a special referee. Each  party  shall  submit  to  the  justice  a  list
    28  containing  the  names  and  qualifications  of five persons to serve as
    29  special referee. The justice shall select  one  person  from  among  the
    30  names  submitted by the parties to serve as special referee. The special
    31  referee shall mediate the negotiations for withdrawal for a period of no
    32  longer than sixty days. If, at the end of said  sixty  day  period,  the
    33  parties  are  not  able  to  reach agreement, the special referee shall,
    34  within thirty days thereafter, recommend the terms of the withdrawal  to
    35  the justice. The justice shall review the recommendations of the referee
    36  and  the  positions  of  the  parties  thereon  and shall issue an order
    37  setting forth the terms of the withdrawal. Notwithstanding the entry  of
    38  such  order,  a  county  shall  have fifteen days from the entry of such
    39  order to terminate such proceeding. Upon the  timely  exercise  of  such
    40  right to terminate, such proceeding shall be deemed null and void and of
    41  no further effect. If a county has not exercised its right to terminate,
    42  said  order  shall be subject to appellate review in accordance with the
    43  civil practice law and rules, provided that any appeal  from  the  order
    44  shall be granted expedited status.
    45    6-a.  Any  county which withdraws from the district shall reimburse to
    46  the authority or its subsidiary, within the time period agreed to by the
    47  parties, any capital expenditures heretofore undertaken by the authority
    48  or its subsidiary for railroad facilities only within such county  which
    49  were financed by commuter railroad revenue bonds issued by the metropol-
    50  itan  transportation authority pursuant to section twelve hundred sixty-
    51  nine of this [article] title and are assigned to such county in  accord-
    52  ance with the provisions of subdivision two of this section.
    53    [7.] 6-b. The obligations of a county that withdraws from the district
    54  to reimburse the authority and any subsidiary corporation of the author-
    55  ity  for  the  costs  of  operation,  maintenance  and  use of passenger
    56  stations pursuant to section twelve hundred seventy-seven of this [arti-

        A. 5547                             5

     1  cle] title, shall continue for any such costs incurred up to the  effec-
     2  tive  date  of  the  county's withdrawal from the district and for costs
     3  incurred thereafter that result from acts preceding such withdrawal, and
     4  the  applicability  of  the  payment  provisions  and procedures of such
     5  section twelve hundred seventy-seven to such county shall continue ther-
     6  eafter with respect to the aforesaid costs.
     7    [8.] 7. In the event of a county's failure  to  make  payment  of  any
     8  monies  determined by the authority to be owed and due it or any subsid-
     9  iary corporation of the authority pursuant to the terms of any agreement
    10  entered into pursuant to this section, the authority  is  authorized  to
    11  recover  such  payments  in the same manner as in section twelve hundred
    12  seventy-seven of this [article] title and the  state  comptroller  shall
    13  withhold  and  pay monies to the authority in accordance with the proce-
    14  dures set forth in that section.
    15    [9.] 8. The term of office of any resident of a county that  withdraws
    16  from  the  district  under this section, as a member of the board of the
    17  authority, the Metro-North rail commuter council or the management advi-
    18  sory board, which is based upon residence in such county,  shall  termi-
    19  nate  upon the county's withdrawal and the office shall be deemed vacant
    20  and filled in the manner provided by law.
    21    [10.] 9. The provisions of this section and all agreements  undertaken
    22  in  accordance herewith shall be subject to the rights of the holders of
    23  any outstanding bonds or notes issued by the authority.
    24    § 2. This act shall take effect immediately.
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