S T A T E O F N E W Y O R K
________________________________________________________________________
8141--A
I N S E N A T E
April 6, 2018
___________
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public authorities law, in relation to requiring
public hearings prior to certain transportation facility closures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1277 of the public authorities law, as amended by
chapter 161 of the laws of 2000, is amended to read as follows:
§ 1277. Station operation and maintenance. 1. A. The operation, main-
tenance and use of passenger stations shall be public purposes of the
city of New York and the counties within the district. The total cost to
the authority and each of its subsidiary corporations of operation,
maintenance and use of each passenger station within the district
serviced by one or more railroad facilities of the authority or of such
subsidiary corporation, including the buildings, appurtenances, plat-
forms, lands and approaches incidental or adjacent thereto, shall be
borne by the city of New York if such station is located in such city
or, if not located in such city, by such county within the district in
which such station is located. On or before June first of each year, the
authority shall, in accordance with the method specified herein, deter-
mine and certify to the city of New York and to each county within the
district the respective allocation of costs related to the operation,
maintenance and use of passenger stations within such city and each such
other county, for the twelve month period ending the preceding March
thirty-first.
(I) For the year commencing April first, nineteen hundred ninety-nine,
the total payment amount to be billed by the authority for the opera-
tion, maintenance and use of each passenger station within the city of
New York and the counties of Nassau, Suffolk, Westchester, Dutchess,
Putnam, Orange, and Rockland shall be calculated by summing the total
amount listed in the base amount table plus an adjustment to such base
year amount equal to the base amount times the increase or decrease in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15335-02-8
S. 8141--A 2
the Consumer Price Index for Wage Earners and Clerical Workers for the
New York, Northeastern-New Jersey Standard Metropolitan Statistical Area
for the twelve-month period being billed.
BASE AMOUNT TABLE
County Base Amount
Nassau $19,200,000
Suffolk $11,834,091
Westchester $13,269,310
Dutchess $ 1,581,880
Putnam $ 618,619
Orange $ 327,247
Rockland $ 34,791
City of New York $61,435,330
(II) For each year thereafter, such total payment for each such county
shall be the same amount as the total payment during the immediately
prior year, plus an adjustment equal to the prior year amount times the
increase or decrease in the Consumer Price Index for Wage Earners and
Clerical Workers for the New York, Northeastern-New Jersey Standard
Metropolitan Statistical Area for the twelve-month period being billed.
B. On or before the following September first, of each year, such city
and each such county shall pay to the authority such cost or amount so
certified to it on or before the preceding June first. Such city and
each such county shall have power to finance such costs to it by the
issuance of budget notes pursuant to section 29.00 of the local finance
law. For the year beginning April first, two thousand four, the author-
ity, the city of New York and the counties of Nassau, Suffolk, Westches-
ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
agreement, recommend to the legislature modifications to the amounts set
forth above based upon changes made to commuter services including but
not limited to changes in the number of passenger stations within such
counties or the level of commuter rail service provided to any such
passenger stations. Failure between the authority and between the coun-
ties to reach agreement will be referred to the state comptroller for
mediation. If the mediation is unsuccessful, each party and the state
comptroller may submit a recommendation to the governor and the legisla-
ture for legislative action.
C. In the event that a city or county shall fail to make payment to
the authority for station maintenance as required pursuant to this
section, or any part thereof, the chief executive officer of the author-
ity or such other person as the chairman shall designate shall certify
to the state comptroller the amount due and owing the authority at the
end of the state fiscal year and the state comptroller shall withhold an
equivalent amount from the next succeeding state aid allocated to such
county or city from the motor fuel tax and the motor vehicle registra-
tion fee distributed pursuant to former section one hundred twelve of
the highway law, or amounts distributed pursuant to section ten-c of the
highway law, or per capita local assistance pursuant to section fifty-
four of the state finance law subject to the following limitations:
prior to withholding amounts due the authority from such county or city,
the comptroller shall pay in full any amount due the state of New York
municipal bond bank agency, on account of any such county's or city's
obligation to such agency; the city university construction fund pursu-
ant to the provisions of the city university construction fund act; the
New York city housing development corporation, pursuant to the
provisions of the New York city housing development corporation act
S. 8141--A 3
(article twelve of the private housing finance law); and the transit
construction fund pursuant to the provisions of title nine-A of article
five of this chapter. The comptroller shall give the director of the
budget notification of any such payment. Such amount or amounts so with-
held by the comptroller shall be paid to the authority and the authority
shall use such amount for the repayment of the state advances hereby
authorized. When such amount or amounts are received by the authority,
it shall credit such amounts against any amounts due and owing by the
city or county on whose account such amount was withheld and paid.
2. A PUBLIC HEARING OR HEARINGS SHALL BE HELD AT LEAST THIRTY DAYS
PRIOR TO THE CLOSURE OF ANY TRANSPORTATION FACILITY DUE TO CONSTRUCTION,
IMPROVEMENT, RECONSTRUCTION OR REHABILITATION WHERE SUCH FACILITY WILL
BE OUT-OF-SERVICE FOR NINETY DAYS OR LONGER. PUBLIC HEARINGS REQUIRED BY
THIS SUBDIVISION SHALL BE HELD AT ONE OR MORE LOCATIONS CONVENIENTLY
ACCESSIBLE TO THE PERSONS WHO WOULD BE AFFECTED BY SUCH CLOSURE.
§ 2. This act shall take effect immediately and shall apply to any
station closings that occur no sooner than six months after such effec-
tive date.
