Bill Text: NY S02041 | 2019-2020 | General Assembly | Introduced

Bill Title: Requires public notice prior to certain transportation facility closures; provides an exception for unforeseen circumstances where closure is necessary to ensure public health, safety and welfare.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2019-01-28 - referred to corporations, authorities and commissions [S02041 Detail]

Download: New_York-2019-S02041-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 18, 2019
        Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the public authorities law,  in  relation  to  requiring
          public notice 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 521 of the laws of 2018, is amended to read as follows:
     3    §  1277.  Station  operation  and  maintenance. 1. [a.] The operation,
     4  maintenance and use of passenger stations shall be  public  purposes  of
     5  the  city  of  New  York and the counties within the district. The total
     6  cost to the authority and each of its subsidiary corporations of  opera-
     7  tion,  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)]  a.  For the year commencing April first, nineteen hundred nine-
    21  ty-nine, the total payment amount to be billed by the authority for  the
    22  operation, maintenance and use of each passenger station within the city
    23  of  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.

        S. 2041                             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)]  b.  For each year thereafter, such total payment for each such
    16  county shall be the same amount as the total payment  during  the  imme-
    17  diately  prior  year,  plus an adjustment equal to the prior year amount
    18  times the increase or decrease in the  Consumer  Price  Index  for  Wage
    19  Earners  and  Clerical Workers for the New York, Northeastern-New Jersey
    20  Standard Metropolitan Statistical Area for the twelve-month period being
    21  billed.
    22    [b.] 2. On or before the following September first, of each year, such
    23  city and each such county shall pay to the authority such cost or amount
    24  so certified to it on or before the preceding June first.  Such city and
    25  each such county shall have power to finance such costs  to  it  by  the
    26  issuance  of budget notes pursuant to section 29.00 of the local finance
    27  law.  For the year beginning April first, two thousand four, the author-
    28  ity, the city of New York and the counties of Nassau, Suffolk, Westches-
    29  ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
    30  agreement, recommend to the legislature modifications to the amounts set
    31  forth above based upon changes made to commuter services  including  but
    32  not  limited  to changes in the number of passenger stations within such
    33  counties or the level of commuter rail  service  provided  to  any  such
    34  passenger stations.  Failure between the authority and between the coun-
    35  ties  to  reach  agreement will be referred to the state comptroller for
    36  mediation. If the mediation is unsuccessful, each party  and  the  state
    37  comptroller may submit a recommendation to the governor and the legisla-
    38  ture for legislative action.
    39    [c.]  3. In the event that a city or county shall fail to make payment
    40  to the authority for station maintenance as required  pursuant  to  this
    41  section, or any part thereof, the chief executive officer of the author-
    42  ity  or  such other person as the chairman shall designate shall certify
    43  to the state comptroller the amount due and owing the authority  at  the
    44  end of the state fiscal year and the state comptroller shall withhold an
    45  equivalent  amount  from the next succeeding state aid allocated to such
    46  county or city from the motor fuel tax and the motor  vehicle  registra-
    47  tion  fee  distributed  pursuant to former section one hundred twelve of
    48  the highway law, or amounts distributed pursuant to section ten-c of the
    49  highway law, or per capita local assistance pursuant to  section  fifty-
    50  four  of  the  state  finance  law subject to the following limitations:
    51  prior to withholding amounts due the authority from such county or city,
    52  the comptroller shall pay in full any amount due the state of  New  York
    53  municipal  bond  bank  agency, on account of any such county's or city's
    54  obligation to such agency; the city university construction fund  pursu-
    55  ant  to the provisions of the city university construction fund act; the

        S. 2041                             3
     1  New  York  city  housing  development  corporation,  pursuant   to   the
     2  provisions  of  the  New  York  city housing development corporation act
     3  (article twelve of the private housing finance  law);  and  the  transit
     4  construction  fund pursuant to the provisions of title nine-A of article
     5  five of this chapter.  The comptroller shall give the  director  of  the
     6  budget notification of any such payment. Such amount or amounts so with-
     7  held by the comptroller shall be paid to the authority and the authority
     8  shall  use  such  amount  for the repayment of the state advances hereby
     9  authorized. When such amount or amounts are received by  the  authority,
    10  it  shall  credit  such amounts against any amounts due and owing by the
    11  city or county on whose account such amount was withheld and paid.
    12    [2. A public hearing or hearings shall be held at  least  thirty  days
    13  prior to the closure of any transportation facility due to construction,
    14  improvement,  reconstruction  or rehabilitation where such facility will
    15  be out-of-service for ninety days or longer. Public hearings required by
    16  this subdivision shall be held at one  or  more  locations  conveniently
    17  accessible to the persons who would be affected by such closure.]
    18    §  2.  Subdivision 5 of section 1205 of the public authorities law, as
    19  added by chapter 930 of the laws of 1977, is amended to read as follows:
    20    5. (a) Any complete or partial closing of a passenger  station  within
    21  the  city  of  New York, or any means of public access to such facility,
    22  except for purposes of repair or renovation  or  in  case  of  emergency
    23  shall  be  accomplished  only if approved by resolution of the authority
    24  adopted by not less than a majority of the whole number  of  members  of
    25  the  authority  then  in  office,  and only after a public hearing. Such
    26  hearing shall be held not less than thirty days  after  notice  of  such
    27  proposed  closing  has  been  given to, and comments solicited from, the
    28  community board as established pursuant to section  eighty-four  of  the
    29  New  York  city  charter whose area of jurisdiction includes the station
    30  proposed to be closed or otherwise affected.
    31    (b) In the case of a planned complete closure of a  passenger  station
    32  for  purposes of repair or renovation, where such station will be out of
    33  service for sixty days or longer the MTA board  shall  adopt  a  policy,
    34  within  ninety  days of the effective date of the chapter of the laws of
    35  two thousand nineteen which amended this subdivision, that  will  ensure
    36  adequate  communication of such work to impacted stakeholders where such
    37  passenger station is located including but  not  limited  to:    elected
    38  representatives,  senate  and  assembly  representatives,  and community
    39  boards at least forty-five days prior to such closure. Such policy shall
    40  require the authority to notify the  community  board  or  boards  whose
    41  district  contains  a  passenger  station  subject to a planned complete
    42  closure or is contiguous to a district that contains a passenger station
    43  subject to a planned complete  closure  located  on  the  same  line  of
    44  service  as  the  passenger  station subject to closure in writing. Such
    45  written notice shall provide such board or  boards  with  an  option  to
    46  request  a  presentation  from  the  authority  regarding  such  planned
    47  complete closure. Upon request from such board or boards  the  authority
    48  shall,  at  a  date  convenient  to  such  board or boards prior to such
    49  closure, present information regarding such closure and related  service
    50  alternatives  and  also  allow for public comment. The policy shall also
    51  require that the authority provide notice to the public at least  thirty
    52  days  prior  to  such  closure  by:  (i) posting notice in the passenger
    53  stations that are scheduled for closure; and (ii) posting notice on  the
    54  authority's  website  and  social  media accounts; providing information
    55  about the planned complete closure, service alternatives, and directions
    56  on how the public can provide comment to the  authority  regarding  such

        S. 2041                             4
     1  closure.  This subdivision shall not apply to emergency station closures
     2  resulting from unforeseen circumstances where such closure is  necessary
     3  to ensure public health, safety and welfare.
     4    §  3.  This  act  shall take effect immediately and shall apply to any
     5  passenger station closings that occur no sooner than 90 days after  such
     6  effective date.