S08141 Summary:

Amd 1277, Pub Auth L
Requires the MTA to hold public hearings prior to certain transportation facility closures; requires that the MTA hold a public hearing on any proposed closing due to construction, improvement, reconstruction or rehabilitation where such facility will be out-of-service for ninety days or longer.
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S08141 Actions:

05/14/2018PRINT NUMBER 8141A
06/13/2018referred to ways and means
06/19/2018substituted for a10179
06/19/2018ordered to third reading rules cal.249
06/19/2018passed assembly
06/19/2018returned to senate
12/28/2018SIGNED CHAP.521
12/28/2018APPROVAL MEMO.23
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S08141 Committee Votes:

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S08141 Floor Votes:

DATE:06/19/2018Assembly Vote  YEA/NAY: 140/1
AshbyYCurranYGoodellYMalliotakisYPheffer AmatoYStirpeY
BarrettYDe La RosaYHevesiYMill B YRaYTitoneY
BarronYDenDekkerYHikindYMill MGYRaiaYTitusY
BenedettoYDickensYHooperYMill MLYRamosYVanelY
BohenYD'UrsoYJean-PierreYMosleyYRose D YWalterY
BrabenecEREnglebrightYJenneYMurrayYRose L YWeinsteinY
ByrneYFinchYLalorEROrtizYSimonYMr SpkrY

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S08141 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      April 6, 2018
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee
        AN ACT to amend the public authorities law,  in  relation  to  requiring
          public hearings prior to certain transportation facility closures

          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. 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
    25  amount listed in the base amount table plus an adjustment to  such  base
    26  year  amount  equal to the base amount times the increase or decrease in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8141--A                          2
     1  the Consumer Price Index for Wage Earners and Clerical Workers  for  the
     2  New York, Northeastern-New Jersey Standard Metropolitan Statistical Area
     3  for the twelve-month period being billed.
     4                              BASE AMOUNT TABLE
     5         County                                Base Amount
     6         Nassau                                $19,200,000
     7         Suffolk                               $11,834,091
     8         Westchester                           $13,269,310
     9         Dutchess                              $ 1,581,880
    10         Putnam                                $   618,619
    11         Orange                                $   327,247
    12         Rockland                              $    34,791
    13         City of New York                      $61,435,330
    14    (ii) For each year thereafter, such total payment for each such county
    15  shall  be  the  same  amount as the total payment during the immediately
    16  prior year, plus an adjustment equal to the prior year amount times  the
    17  increase  or  decrease  in the Consumer Price Index for Wage Earners and
    18  Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
    19  Metropolitan Statistical Area for the twelve-month period being billed.
    20    b. On or before the following September first, of each year, such city
    21  and  each  such county shall pay to the authority such cost or amount so
    22  certified to it on or before the preceding June first.   Such  city  and
    23  each  such  county  shall  have power to finance such costs to it by the
    24  issuance of budget notes pursuant to section 29.00 of the local  finance
    25  law.  For the year beginning April first, two thousand four, the author-
    26  ity, the city of New York and the counties of Nassau, Suffolk, Westches-
    27  ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
    28  agreement, recommend to the legislature modifications to the amounts set
    29  forth  above  based upon changes made to commuter services including but
    30  not limited to changes in the number of passenger stations  within  such
    31  counties  or  the  level  of  commuter rail service provided to any such
    32  passenger stations.  Failure between the authority and between the coun-
    33  ties to reach agreement will be referred to the  state  comptroller  for
    34  mediation.  If  the  mediation is unsuccessful, each party and the state
    35  comptroller may submit a recommendation to the governor and the legisla-
    36  ture for legislative action.
    37    c. In the event that a city or county shall fail to  make  payment  to
    38  the  authority  for  station  maintenance  as  required pursuant to this
    39  section, or any part thereof, the chief executive officer of the author-
    40  ity or such other person as the chairman shall designate  shall  certify
    41  to  the  state comptroller the amount due and owing the authority at the
    42  end of the state fiscal year and the state comptroller shall withhold an
    43  equivalent amount from the next succeeding state aid allocated  to  such
    44  county  or  city from the motor fuel tax and the motor vehicle registra-
    45  tion fee distributed pursuant to former section one  hundred  twelve  of
    46  the highway law, or amounts distributed pursuant to section ten-c of the
    47  highway  law,  or per capita local assistance pursuant to section fifty-
    48  four of the state finance law  subject  to  the  following  limitations:
    49  prior to withholding amounts due the authority from such county or city,
    50  the  comptroller  shall pay in full any amount due the state of New York
    51  municipal bond bank agency, on account of any such  county's  or  city's
    52  obligation  to such agency; the city university construction fund pursu-
    53  ant to the provisions of the city university construction fund act;  the
    54  New   York   city  housing  development  corporation,  pursuant  to  the
    55  provisions of the New York  city  housing  development  corporation  act

        S. 8141--A                          3
     1  (article  twelve  of  the  private housing finance law); and the transit
     2  construction fund pursuant to the provisions of title nine-A of  article
     3  five  of  this chapter.   The comptroller shall give the director of the
     4  budget notification of any such payment. Such amount or amounts so with-
     5  held by the comptroller shall be paid to the authority and the authority
     6  shall  use  such  amount  for the repayment of the state advances hereby
     7  authorized. When such amount or amounts are received by  the  authority,
     8  it  shall  credit  such amounts against any amounts due and owing by the
     9  city or county on whose account such amount was withheld and paid.
    10    2. A public hearing or hearings shall be held  at  least  thirty  days
    11  prior to the closure of any transportation facility due to construction,
    12  improvement,  reconstruction  or rehabilitation where such facility will
    13  be out-of-service for ninety days or longer. Public hearings required by
    14  this subdivision shall be held at one  or  more  locations  conveniently
    15  accessible to the persons who would be affected by such closure.
    16    §  2.  This  act  shall take effect immediately and shall apply to any
    17  station closings that occur no sooner than six months after such  effec-
    18  tive date.
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