S T A T E   O F   N E W   Y O R K
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                                  4709

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced by M. of A. TITONE, TOBACCO -- Multi-Sponsored by -- M. of A.
  GUNTHER  --  read  once and referred to the Committee on Corporations,
  Authorities and Commissions

AN ACT to amend the public authorities law, in relation to  acquiring  a
  traffic  impact  statement and public hearing for certain construction
  projects of the Triborough Bridge and Tunnel Authority

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

  Section  1.  The  public  authorities  law  is amended by adding a new
section 559-a to read as follows:
  S 559-A. TRAFFIC IMPACT STATEMENT AND PUBLIC  HEARING.    1.  NOTWITH-
STANDING  ANY  OTHER  LAW,  RULE OR REGULATION TO THE CONTRARY, WHEN THE
AUTHORITY PLANS TO COMPLETE A CONSTRUCTION OR  RENOVATION  PROJECT  THAT
SHALL  COST AT LEAST FIVE MILLION DOLLARS AND SHALL TAKE AT LEAST THIRTY
DAYS TO SUBSTANTIALLY COMPLETE, THE  AUTHORITY  SHALL  ISSUE  A  TRAFFIC
IMPACT STATEMENT, AND HOLD A PUBLIC HEARING IN COMMUNITIES WHICH WILL BE
IMPACTED  BY  THE  PROJECT.    BEFORE  SUCH  PUBLIC HEARING IS HELD, THE
AUTHORITY SHALL PUBLISH ALL  TRAFFIC  MITIGATION  ALTERNATIVES  AND  THE
POSITIVE  OR  ADVERSE  IMPACT  SUCH  ALTERNATIVES WILL HAVE ON POTENTIAL
DELAYS OF SUCH CONSTRUCTION PROJECT.
  2. THE PUBLIC HEARING REQUIRED BY  SUBDIVISION  ONE  OF  THIS  SECTION
SHALL:
  (A) PROVIDE FOR A PUBLIC COMMENT SESSION;
  (B)  BE HELD NO LESS THAN THIRTY DAYS BEFORE THE CONSTRUCTION OR RENO-
VATION PROJECT IS PUT OUT TO BID; AND
  (C) SHALL BE HELD BEFORE THE TRAFFIC IMPACT STATEMENT IS ISSUED.
  3. THE AUTHORITY SHALL NOT HAVE TO COMPLY  WITH  THE  REQUIREMENTS  OF
SUBDIVISION  ONE  OF THIS SECTION WHEN, IN THE OPINION OF THE AUTHORITY,
AN EMERGENCY EXISTS THAT REQUIRES AN  IMMEDIATE  CONSTRUCTION  OR  RENO-
VATION PROJECT OR THERE IS AN IMMINENT THREAT TO PUBLIC SAFETY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03781-01-1

              

A. 4709                             2

  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, that,  the  chairman  of  the  metropolitan
transportation  authority  is  immediately  authorized  and  directed to
promulgate, amend and/or repeal any rules and regulations  necessary  to
implement the provisions of this act on its effective date.