Bill Text: NY A00942 | 2015-2016 | General Assembly | Introduced


Bill Title: Requires the MTA to file a copy of proposed station closings with various governmental agencies; provides that the MTA hold a public hearing on any proposed closings; allows the MTA to not comply with the filing provisions for emergency repairs or repairs that cause the station to close for less than twenty-four hours.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to corporations, authorities and commissions [A00942 Detail]

Download: New_York-2015-A00942-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          942
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    January 8, 2015
                                      ___________
       Introduced by M. of A. LENTOL -- read once and referred to the Committee
         on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to requiring the
         MTA to post a schedule of station closings
         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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01793-01-5
       A. 942                              2
    1  year  amount  equal to the base amount times the increase or decrease in
    2  the Consumer Price Index for Wage Earners and Clerical Workers  for  the
    3  New York, Northeastern-New Jersey Standard Metropolitan Statistical Area
    4  for the twelve-month period being billed.
    5                              BASE AMOUNT TABLE
    6         County                                Base Amount
    7         Nassau                                $19,200,000
    8         Suffolk                               $11,834,091
    9         Westchester                           $13,269,310
   10         Dutchess                              $ 1,581,880
   11         Putnam                                $   618,619
   12         Orange                                $   327,247
   13         Rockland                              $    34,791
   14         City of New York                      $61,435,330
   15    (II) For each year thereafter, such total payment for each such county
   16  shall  be  the  same  amount as the total payment during the immediately
   17  prior year, plus an adjustment equal to the prior year amount times  the
   18  increase  or  decrease  in the Consumer Price Index for Wage Earners and
   19  Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
   20  Metropolitan Statistical Area for the twelve-month period being billed.
   21    B. On or before the following September first, of each year, such city
   22  and  each  such county shall pay to the authority such cost or amount so
   23  certified to it on or before the preceding June first.   Such  city  and
   24  each  such  county  shall  have power to finance such costs to it by the
   25  issuance of budget notes pursuant to section 29.00 of the local  finance
   26  law.  For the year beginning April first, two thousand four, the author-
   27  ity, the city of New York and the counties of Nassau, Suffolk, Westches-
   28  ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
   29  agreement, recommend to the legislature modifications to the amounts set
   30  forth  above  based upon changes made to commuter services including but
   31  not limited to changes in the number of passenger stations  within  such
   32  counties  or  the  level  of  commuter rail service provided to any such
   33  passenger stations.  Failure between the authority and between the coun-
   34  ties to reach agreement will be referred to the  state  comptroller  for
   35  mediation.  If  the  mediation is unsuccessful, each party and the state
   36  comptroller may submit a recommendation to the governor and the legisla-
   37  ture for legislative action.
   38    C. In the event that a city or county shall fail to  make  payment  to
   39  the  authority  for  station  maintenance  as  required pursuant to this
   40  section, or any part thereof, the chief executive officer of the author-
   41  ity or such other person as the chairman shall designate  shall  certify
   42  to  the  state comptroller the amount due and owing the authority at the
   43  end of the state fiscal year and the state comptroller shall withhold an
   44  equivalent amount from the next succeeding state aid allocated  to  such
   45  county  or  city from the motor fuel tax and the motor vehicle registra-
   46  tion fee distributed pursuant to former section one  hundred  twelve  of
   47  the highway law, or amounts distributed pursuant to section ten-c of the
   48  highway  law,  or per capita local assistance pursuant to section fifty-
   49  four of the state finance law  subject  to  the  following  limitations:
   50  prior to withholding amounts due the authority from such county or city,
   51  the  comptroller  shall pay in full any amount due the state of New York
   52  municipal bond bank agency, on account of any such  county's  or  city's
   53  obligation  to such agency; the city university construction fund pursu-
   54  ant to the provisions of the city university construction fund act;  the
   55  New   York   city  housing  development  corporation,  pursuant  to  the
       A. 942                              3
    1  provisions of the New York  city  housing  development  corporation  act
    2  (article  twelve  of  the  private housing finance law); and the transit
    3  construction fund pursuant to the provisions of title nine-A of  article
    4  five  of  this chapter.   The comptroller shall give the director of the
    5  budget notification of any such payment. Such amount or amounts so with-
    6  held by the comptroller shall be paid to the authority and the authority
    7  shall use such amount for the repayment of  the  state  advances  hereby
    8  authorized.  When  such amount or amounts are received by the authority,
    9  it shall credit such amounts against any amounts due and  owing  by  the
   10  city or county on whose account such amount was withheld and paid.
   11    2. A. WHENEVER THE AUTHORITY WILL CLOSE A STATION FOR A PERIOD OF TIME
   12  IN EXCESS OF TWENTY-FOUR HOURS, THE AUTHORITY, AT LEAST SIX MONTHS PRIOR
   13  TO SUCH SCHEDULED CLOSING DATE, MUST FILE A COPY OF SUCH SCHEDULED CLOS-
   14  INGS  WITH  THE STATE COMPTROLLER, THE NEW YORK CITY CONTROLLER, THE NEW
   15  YORK CITY OFFICE OF ECONOMIC DEVELOPMENT, ALL AFFECTED COMMUNITY BOARDS,
   16  AND ANY LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL.
   17    B. THE AUTHORITY SHALL BE REQUIRED TO HOLD A PUBLIC HEARING AFTER  THE
   18  FILING OF THE SCHEDULED CLOSINGS BUT PRIOR TO SUCH CLOSING DATE.
   19    C.   THE AUTHORITY SHALL NOT CLOSE ANY STATION FOR ONE WEEK COMMENCING
   20  ON THE FOURTH WEDNESDAY IN NOVEMBER.
   21    D. THE AUTHORITY SHALL NOT BE REQUIRED TO COMPLY WITH  THE  PROVISIONS
   22  OF  THIS  SUBDIVISION FOR ANY CLOSING THAT RESULTS FROM EMERGENCY REPAIR
   23  OR ANY CLOSING THAT WILL BE LESS THAN TWENTY-FOUR HOURS IN DURATION.
   24    S 2. This act shall take effect immediately and  shall  apply  to  any
   25  station  closings  that  occur  no  sooner  than seven months after such
   26  effective date.
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