S T A T E   O F   N E W   Y O R K
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                                  6153

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced  by  M.  of  A.  TEDISCO,  JORDAN,  McDONOUGH,  RAIA, TENNEY,
  P. LOPEZ -- Multi-Sponsored by -- M. of A.  BARCLAY,  BUTLER,  CROUCH,
  FINCH,  McLAUGHLIN,  THIELE -- read once and referred to the Committee
  on Transportation

AN ACT to amend the public authorities law,  in  relation  to  requiring
  legislative approval of increases in fees, rentals and charges for the
  use of the thruway system

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

  Section 1. Subdivision 8 of section 354 of the public authorities law,
as amended by chapter 766 of the laws of 1992,  is  amended  and  a  new
subdivision 8-a is added to read as follows:
  8.  Subject to agreements with noteholders or bondholders AND LEGISLA-
TIVE APPROVAL PURSUANT TO SUBDIVISION EIGHT-A OF THIS  SECTION,  to  fix
and  collect  such  fees, rentals and charges for the use of the thruway
system or any part thereof necessary or  convenient,  with  an  adequate
margin  of  safety, to produce sufficient revenue to meet the expense of
maintenance and operation and to fulfill the  terms  of  any  agreements
made with the holders of its notes or bonds, and to establish the rights
and  privileges  granted  upon  payment thereof; provided, however, that
tolls may only be imposed for the passage through locks and lift bridges
by vessels which are propelled in whole or in part by mechanical  power;
and  provided  further that no tolls shall be imposed or collected prior
to the first day of April, nineteen hundred ninety-three.
  8-A. THE AUTHORITY SHALL SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT
LEAST ONE HUNDRED EIGHTY DAYS  PRIOR  TO  THE  DATE  WHEN  ANY  PROPOSED
INCREASE  IN FEES, RENTALS AND CHARGES FOR THE USE OF THE THRUWAY SYSTEM
IS SCHEDULED TO TAKE EFFECT. SUCH REPORT SHALL INCLUDE JUSTIFICATION FOR
THE PROPOSED INCREASE, AND INFORMATION SETTING FORTH THE CURRENT  FINAN-
CIAL  CONDITION  OF THE AUTHORITY. THE LEGISLATURE MAY REQUIRE ANY ADDI-
TIONAL DATA OR INFORMATION THAT IT DEEMS NECESSARY IN SUCH REPORT.    IF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08098-01-3
              

A. 6153                             2

THE  LEGISLATURE,  OR THE APPROPRIATE COMMITTEES THEREOF, UPON REVIEW OF
THE REPORT SUBMITTED TO IT BY THE AUTHORITY,  FINDS  THAT  THE  PROPOSED
INCREASES  ARE NOT CONVENIENT OR NECESSARY TO PRODUCE SUFFICIENT REVENUE
TO  MEET  THE  EXPENSE  OF  MAINTENANCE  AND OPERATION OF INFRASTRUCTURE
EXISTING PRIOR TO ANY PROPOSED INCREASE THEN NO PROPOSED INCREASE  SHALL
TAKE  EFFECT  UNTIL  APPROVED  BY  A  MAJORITY VOTE OF EACH HOUSE OF THE
LEGISLATURE.  PROVIDED, HOWEVER, THAT LEGISLATIVE APPROVAL SHALL NOT  BE
REQUIRED  TO  FIX AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE
OF THE THRUWAY SYSTEM OR ANY PART THEREOF, TO PRODUCE SUFFICIENT REVENUE
TO FULFILL THE TERMS OF ANY AGREEMENTS, FORMED PRIOR  TO  THE  EFFECTIVE
DATE OF THIS SUBDIVISION, WITH THE HOLDERS OF ITS NOTES OR BONDS.
  S  2.    Severability.  If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the  remainder  thereof,  but  shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof  directly  involved
in the controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect immediately.