Bill Text: NY A05598 | 2017-2018 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-04-24 - held for consideration in corporations, authorities and commissions [A05598 Detail]
Download: New_York-2017-A05598-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5598 2017-2018 Regular Sessions IN ASSEMBLY February 10, 2017 ___________ 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 eighteen. If any such county plans to withdraw from the 12 district on [January] April first, [nineteen hundred eighty-seven] two 13 thousand eighteen, it shall (i) no later than seventy-five days after 14 the effective date of this section, furnish the commissioner of trans- 15 portation, and chairman of the authority and the other counties which 16 have an option to withdraw, a resolution adopted by the county legisla- 17 ture providing notice of intent to withdraw, (ii) on or before [October] 18 January first, [nineteen hundred eighty-six] two thousand seventeen, 19 furnish to the commissioner of transportation, the chairman of the 20 authority and other counties which have an option to withdraw, a resol- 21 ution adopted by the county legislature providing for a public transpor- 22 tation plan. For the purposes of this section, a "public transportation 23 plan" shall mean a plan that maintains adequate and continuous public EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08987-01-7A. 5598 2 1 transportation services from the withdrawing county to the city of New 2 York or any terminus previously served, provides a reasonable level of 3 rail passenger service, provides a schedule for implementing such 4 service, protects the public investment in the rail transportation 5 system and any other criteria deemed necessary by the commissioner of 6 transportation. Such public transportation plan shall include, but not 7 be limited to, an agreement by which such county shall be entitled to 8 lease the facilities and services comprising such rail transportation 9 system at fair market value and under such terms and conditions to be 10 determined as set forth in subdivision six of this section. Prior to 11 withdrawal pursuant to this paragraph or paragraph (b) of this subdivi- 12 sion, a county must receive approval of its public transportation plan 13 pursuant to paragraph (c) of this subdivision, (iii) on or before Decem- 14 ber fifteenth, [nineteen hundred eighty-six] two thousand seventeen, 15 furnish the commissioner of transportation, a copy of an agreement with 16 the authority or an operator of rail passenger service for the provision 17 of rail passenger service to and from such county and the city of New 18 York or any terminus previously served. If such agreement has not been 19 concluded by the respective parties, and a party has exercised its 20 rights pursuant to subdivision six of this section, the approval of the 21 commissioner of transportation shall not be required and the agreement 22 or order set forth in subdivision six of this section, shall determine 23 the terms and conditions of such withdrawal. If a county planning to 24 withdraw on [January] April first, [nineteen hundred eighty-seven] two 25 thousand eighteen is unable to withdraw because it could not meet the 26 requirements of this paragraph, it may elect to withdraw pursuant to 27 paragraph (b) of this subdivision hereafter. 28 (b) January first, [nineteen hundred eighty-eight] two thousand nine- 29 teen or January first, [nineteen hundred eighty-nine] two thousand twen- 30 ty. If any such county plans to withdraw on either January first, [nine-31teen hundred eighty-eight] two thousand nineteen or January first, 32 [nineteen hundred eighty-nine] two thousand twenty, it shall (i) no 33 later than ninety days after the first of January of the year immediate- 34 ly preceding the year in which such county plans to withdraw from the 35 district, furnish the commissioner of transportation, the chairman of 36 the authority and the other counties which have an option to withdraw, a 37 resolution adopted by the county legislature providing notice of intent 38 to withdraw from the district, (ii) no later than one hundred twenty 39 days after the first of January of the year immediately preceding the 40 year in which such county plans to withdraw from the district furnish to 41 the commissioner of transportation, the chairman of the authority and 42 the counties which have an option to withdraw a resolution adopted by 43 the county legislature providing a public transportation plan as 44 described in this section, (iii) on or before October first of the year 45 immediately preceding the year in which such county plans to withdraw 46 from the district, furnish to the commissioner a copy of an agreement 47 with the authority or an operator of rail passenger service for the 48 provision of rail passenger service to and from such county and the city 49 of New York or any terminus previously served. If such agreement has not 50 been concluded by the respective parties, and a party has exercised its 51 rights pursuant to subdivision six of this section, the approval of the 52 commissioner of transportation shall not be required and the agreement 53 or order set forth in such subdivision six shall determine the terms and 54 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, eitherA. 5598 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-aA. 5598 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. 5598 5 1cle] 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.
