S T A T E   O F   N E W   Y O R K
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                                  4810

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. PERKINS -- 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  eliminating
  the  metropolitan  commuter  transportation  authority's environmental
  quality review exemption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 3 and 11 of section 1266 of the public author-
ities law, subdivision 3 as amended and subdivision 11 as added by chap-
ter 314 of the laws of 1981, are amended to read as follows:
  3. The authority may establish, levy and collect or cause to be estab-
lished,  levied  and  collected  and,  in  the  case  of a joint service
arrangement, join with others in the establishment, levy and  collection
of  such  fares, tolls, rentals, rates, charges and other fees as it may
deem necessary, convenient or desirable for the use and operation of any
transportation facility and related services operated by  the  authority
or by a subsidiary corporation of the authority or under contract, lease
or  other  arrangement,  including  joint service arrangements, with the
authority. Any such fares, tolls, rentals, rates, charges or other  fees
for  the  transportation  of passengers shall be established and changed
only if approved by resolution of the authority adopted by not less than
a majority vote of the whole number of members of the authority then  in
office,  with  the chairman having one additional vote in the event of a
tie vote, and only after a public hearing, provided however, that fares,
tolls, rentals, rates, charges or other fees for the  transportation  of
passengers  on  any  transportation  facility which are in effect at the
time that the then owner  of  such  transportation  facility  becomes  a
subsidiary corporation of the authority or at the time that operation of
such  transportation  facility  is  commenced  by  the  authority  or is
commenced under contract, lease or other  arrangement,  including  joint
service  arrangements,  with  the  authority  may be continued in effect

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05659-01-9
              

S. 4810                             2

without such a hearing. Such fares, tolls, rentals, rates,  charges  and
other  fees shall be established as may in the judgment of the authority
be necessary to maintain the combined operations of  the  authority  and
its  subsidiary  corporations on a self-sustaining basis. The said oper-
ations shall be deemed to be on a self-sustaining basis as  required  by
this  title,  when the authority is able to pay or cause to be paid from
revenue and any other  funds  or  property  actually  available  to  the
authority  and  its subsidiary corporations (a) as the same shall become
due, the principal of and interest on the  bonds  and  notes  and  other
obligations  of  the  authority  and  of  such  subsidiary corporations,
together with the maintenance of proper reserves therefor, (b) the  cost
and  expense  of  keeping the properties and assets of the authority and
its subsidiary corporations in good condition and repair,  and  (c)  the
capital  and  operating  expenses  of  the  authority and its subsidiary
corporations. The authority may contract with the holders of  bonds  and
notes  with  respect  to  the  exercise of the powers authorized by this
section. [No acts or activities taken or proposed to  be  taken  by  the
authority  or any subsidiary of the authority pursuant to the provisions
of this subdivision shall be deemed to be "actions" for the purposes  or
within  the  meaning  of article eight of the environmental conservation
law.]
  11. No project to be constructed upon real property  theretofore  used
for  a  transportation  purpose, or on an insubstantial addition to such
property contiguous thereto, which will not change in a material respect
the general character of such prior transportation use, nor any acts  or
activities  in  connection  with  such  project, shall be subject to the
provisions of article [eight,] nineteen, twenty-four or  twenty-five  of
the  environmental  conservation  law,  or to any local law or ordinance
adopted pursuant to any such article. [Nor shall any acts or  activities
taken or proposed to be taken by the authority or by any other person or
entity,  public  or  private,  in  connection with the planning, design,
acquisition, improvement, construction, reconstruction or rehabilitation
of a transportation facility, other than a marine or aviation  facility,
be  subject  to  the  provisions  of  article eight of the environmental
conservation law, or to any local law or ordinance adopted  pursuant  to
any such article if such acts or activities require the preparation of a
statement  under  or pursuant to any federal law or regulation as to the
environmental impact thereof.]
  S 2. This act shall take effect immediately.