Bill Text: NY S03431 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Relates to public hearings prior to fee or rate increases by the metropolitan transportation authority; requires hearings in each county where a fee or rate increase has an impact.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO TRANSPORTATION [S03431 Detail]

Download: New_York-2009-S03431-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3431
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 18, 2009
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the public authorities law, in relation to the power  of
         the metropolitan transportation authority to increase rates and fees
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 1266  of  the  public  authorities
    2  law,  as  amended by chapter 314 of the laws of 1981, is amended to read
    3  as follows:
    4    3. The authority may establish, levy and collect or cause to be estab-
    5  lished, levied and collected  and,  in  the  case  of  a  joint  service
    6  arrangement,  join with others in the establishment, levy and collection
    7  of such fares, tolls, rentals, rates, charges and other fees as  it  may
    8  deem necessary, convenient or desirable for the use and operation of any
    9  transportation  facility  and related services operated by the authority
   10  or by a subsidiary corporation of the authority or under contract, lease
   11  or other arrangement, including joint  service  arrangements,  with  the
   12  authority.  Any such fares, tolls, rentals, rates, charges or other fees
   13  for the transportation of passengers, THE PARKING OF  VEHICLES,  OR  ANY
   14  OTHER  SERVICE  IF  THE ESTABLISHMENT OF OR INCREASE IN CHARGES FOR SUCH
   15  OTHER SERVICE WOULD REPRESENT A SIGNIFICANT INCREASE IN THE OVERALL COST
   16  OF THE USE OF TRANSPORTATION SERVICES shall be established  and  changed
   17  only if approved by resolution of the authority adopted by not less than
   18  a  majority vote of the whole number of members of the authority then in
   19  office, with the chairman having one additional vote in the event  of  a
   20  tie vote, and only after a public hearing, provided however, that fares,
   21  tolls,  rentals,  rates, charges or other fees for the transportation of
   22  passengers on any transportation facility, THE PARKING  OF  VEHICLES  OR
   23  OTHER  SERVICES  which  are in effect at the time that the then owner of
   24  such transportation facility becomes a  subsidiary  corporation  of  the
   25  authority  or at the time that operation of such transportation facility
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02376-02-9
       S. 3431                             2
    1  is commenced by the authority or is commenced under contract,  lease  or
    2  other  arrangement,  including  joint  service  arrangements,  with  the
    3  authority may be continued in effect without such a hearing. ANY  PUBLIC
    4  HEARINGS REQUIRED BY THIS SUBDIVISION SHALL BE HELD IN SUCH LOCATIONS IN
    5  THE  METROPOLITAN  COMMUTER  TRANSPORTATION  DISTRICT AS SHALL AFFORD AN
    6  OPPORTUNITY TO BE HEARD TO  SUCH  PERSON  AS  MAY  BE  AFFECTED  BY  THE
    7  PROPOSED  CHARGES.  Such fares, tolls, rentals, rates, charges and other
    8  fees shall be established as may in the judgment  of  the  authority  be
    9  necessary  to  maintain the combined operations of the authority and its
   10  subsidiary corporations on a self-sustaining basis. The said  operations
   11  shall  be  deemed  to  be on a self-sustaining basis as required by this
   12  title, when the authority is able to pay or cause to be paid from reven-
   13  ue and any other funds or property actually available to  the  authority
   14  and  its  subsidiary  corporations (a) as the same shall become due, the
   15  principal of and interest on the bonds and notes and  other  obligations
   16  of  the authority and of such subsidiary corporations, together with the
   17  maintenance of proper reserves therefor, (b) the  cost  and  expense  of
   18  keeping  the  properties  and assets of the authority and its subsidiary
   19  corporations in good condition and repair, and (c) the capital and oper-
   20  ating expenses of the authority and  its  subsidiary  corporations.  The
   21  authority  may contract with the holders of bonds and notes with respect
   22  to the exercise of the powers authorized by this  section.  No  acts  or
   23  activities taken or proposed to be taken by the authority or any subsid-
   24  iary  of  the  authority  pursuant to the provisions of this subdivision
   25  shall be deemed to be "actions" for the purposes or within  the  meaning
   26  of article eight of the environmental conservation law.
   27    S  2.   This act shall take effect on the thirtieth day after it shall
   28  have become a law.