S T A T E   O F   N E W   Y O R K
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    S. 319--A                                               A. 92--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations -- recommitted to the  Committee  on
  Investigations  and  Government  Operations  in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, ENGLEBRIGHT -- Multi-Spon-
  sored by -- M. of A. MURRAY -- read once and referred to the Committee
  on Ways and Means -- recommitted to the Committee on Ways and Means in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the tax law, in relation to the definition of the metro-
  politan  commuter  transportation  district  for  the  purposes of the
  metropolitan commuter transportation mobility tax; and  to  amend  the
  public  authorities  law,  in  relation  to requiring the metropolitan
  transportation authority to renegotiate the  joint  service  operating
  agreement with the state of Connecticut

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

  Section 1. Legislative findings. Pursuant to chapter 25 of the laws of
2009, the legislature did enact the metropolitan mobility tax within the
twelve  county  region  constituting  the  metropolitan   transportation
district.  The  legislature hereby finds that the residents of the towns
of Brookhaven, East Hampton, Riverhead,  Shelter  Island,  Southold  and
Southampton  in  the  county  of  Suffolk  receive  minimal mass transit
services from the metropolitan transportation authority. Further,  these
towns  already  pay  substantial  taxes  to  the  MTA  for these minimal
services, including increased sales taxes and mortgage recording  taxes.

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

                                                           LBD00734-02-6

S. 319--A                           2                           A. 92--A

It  has  been estimated these six towns contribute more than $60 million
annually to the MTA than they receive back in service.
  In the interest of tax fairness and to avoid such additional inequita-
ble  taxation  on  these  towns, it is the purpose of this act to exempt
such towns from the newly adopted metropolitan  commuter  transportation
mobility tax.
  S 2. Subsection (a) of section 800 of the tax law, as added by section
1  of  part  C  of chapter 25 of the laws of 2009, is amended to read as
follows:
  (a) Metropolitan commuter transportation  district.  The  metropolitan
commuter  transportation  district  ("MCTD") means the area of the state
included in the district created and governed by section twelve  hundred
sixty-two of the public authorities law, EXCEPT THAT FOR THE PURPOSES OF
THIS  ARTICLE, THE TOWNS OF BROOKHAVEN, EAST HAMPTON, RIVERHEAD, SHELTER
ISLAND, SOUTHAMPTON AND SOUTHOLD IN SUFFOLK  COUNTY  SHALL  BE  EXCLUDED
FROM  THE  DISTRICT  FOR  THE  PURPOSES OF THIS ARTICLE AND ANY REVENUES
PREVIOUSLY COLLECTED FROM WITHIN THESE COUNTIES SHALL BE  REIMBURSED  TO
EACH PAYOR BY MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
  S  3.  Section 1266 of the public authorities law is amended by adding
a new subdivision 19 to read as follows:
  19. THE AUTHORITY IS REQUIRED  BY  MARCH  THIRTY-FIRST,  TWO  THOUSAND
SEVENTEEN TO:
  (A)  RENEGOTIATE THE JOINT SERVICE AGREEMENT BETWEEN THE AUTHORITY AND
THE STATE OF CONNECTICUT RELATED TO THE OPERATION OF THE METRO-NORTH NEW
HAVEN LINE TO (I)  REQUIRE  CONNECTICUT  TO  SET  NEW  HAVEN  LINE  FARE
INCREASES  AT LEVELS NECESSARY TO SUSTAIN EQUIVALENT FARE LEVELS BETWEEN
NEW YORK STATE RESIDENTS RIDING THE METRO-NORTH  COMMUTER  RAILROAD  AND
CONNECTICUT  RESIDENTS  RIDING  THE  METRO-NORTH COMMUTER RAILROAD, (II)
REQUIRE THAT CONNECTICUT OPERATING DEFICIT  SUBSIDY  PAYMENTS  SHALL  BE
BASED  ON  CONNECTICUT  RESIDENT UTILIZATION OF THE METRO-NORTH COMMUTER
RAILROAD AND CONNECTICUT RESIDENT UTILIZATION OF THE NEW YORK CITY TRAN-
SIT AUTHORITY WITH SUCH SUBSIDIES TO BE DETERMINED  BY  MULTIPLYING  THE
CONNECTICUT  RESIDENT UTILIZATION PERCENTAGES FOR THE METRO-NORTH COMMU-
TER RAILROAD AND THE NEW YORK CITY TRANSIT AUTHORITY BY  THE  RESPECTIVE
BASELINE  OPERATING DEFICIT OF THESE OPERATING ENTITIES PRIOR TO SUBSIDY
ADJUSTMENTS AND PRIOR TO INCREASED REVENUES PROVIDED TO THE AUTHORITY BY
NEW YORK STATE RESIDENTS PURSUANT TO PAYMENTS MANDATED BY CHAPTER  TWEN-
TY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND (III) PROVIDE FOR RETROAC-
TIVE  LUMP  SUM  PAYMENTS  DUE  FROM THE STATE OF CONNECTICUT RELATED TO
CALENDAR YEAR TWO THOUSAND NINE; OR
  (B) REDUCE SERVICES AND EXPENSES RELATED TO THE METRO-NORTH NEW  HAVEN
LINE  OPERATION  BY  AN  AMOUNT  WHICH PRODUCES RECURRING SAVINGS TO THE
AUTHORITY WHICH ARE EQUIVALENT TO THE INCREASED JOINT SERVICE  AGREEMENT
PAYMENTS  WHICH WOULD BE DETERMINED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  S 4. This act shall take effect immediately.