S T A T E O F N E W Y O R K
________________________________________________________________________
2688
2019-2020 Regular Sessions
I N A S S E M B L Y
January 24, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to requiring
public notice 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 521 of the laws of 2018, is amended to read as follows:
§ 1277. Station operation and maintenance. 1. [a.] The operation,
maintenance 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 opera-
tion, 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)] A. For the year commencing April first, nineteen hundred nine-
ty-nine, the total payment amount to be billed by the authority for the
operation, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07027-03-9
A. 2688 2
year amount equal to the base 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.
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)] B. For each year thereafter, such total payment for each such
county shall be the same amount as the total payment during the imme-
diately 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.] 2. 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.] 3. 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
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New York city housing development corporation, pursuant to the
provisions of the New York city housing development corporation act
(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. Subdivision 5 of section 1205 of the public authorities law, as
added by chapter 930 of the laws of 1977, is amended to read as follows:
5. (A) Any complete or partial closing of a passenger station within
the city of New York, or any means of public access to such facility,
except for purposes of repair or renovation or in case of emergency
shall be accomplished only if approved by resolution of the authority
adopted by not less than a majority of the whole number of members of
the authority then in office, and only after a public hearing. Such
hearing shall be held not less than thirty days after notice of such
proposed closing has been given to, and comments solicited from, the
community board as established pursuant to section eighty-four of the
New York city charter whose area of jurisdiction includes the station
proposed to be closed or otherwise affected.
(B) IN THE CASE OF A PLANNED COMPLETE CLOSURE OF A PASSENGER STATION
FOR PURPOSES OF REPAIR OR RENOVATION, WHERE SUCH STATION WILL BE OUT OF
SERVICE FOR SIXTY DAYS OR LONGER THE MTA BOARD SHALL ADOPT A POLICY,
WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND NINETEEN WHICH AMENDED THIS SUBDIVISION, THAT WILL ENSURE
ADEQUATE COMMUNICATION OF SUCH WORK TO IMPACTED STAKEHOLDERS WHERE SUCH
PASSENGER STATION IS LOCATED INCLUDING BUT NOT LIMITED TO: ELECTED
REPRESENTATIVES, SENATE AND ASSEMBLY REPRESENTATIVES, AND COMMUNITY
BOARDS AT LEAST FORTY-FIVE DAYS PRIOR TO SUCH CLOSURE. SUCH POLICY SHALL
REQUIRE THE AUTHORITY TO NOTIFY THE COMMUNITY BOARD OR BOARDS WHOSE
DISTRICT CONTAINS A PASSENGER STATION SUBJECT TO A PLANNED COMPLETE
CLOSURE OR IS CONTIGUOUS TO A DISTRICT THAT CONTAINS A PASSENGER STATION
SUBJECT TO A PLANNED COMPLETE CLOSURE LOCATED ON THE SAME LINE OF
SERVICE AS THE PASSENGER STATION SUBJECT TO CLOSURE IN WRITING. SUCH
WRITTEN NOTICE SHALL PROVIDE SUCH BOARD OR BOARDS WITH AN OPTION TO
REQUEST A PRESENTATION FROM THE AUTHORITY REGARDING SUCH PLANNED
COMPLETE CLOSURE. UPON REQUEST FROM SUCH BOARD OR BOARDS THE AUTHORITY
SHALL, AT A DATE CONVENIENT TO SUCH BOARD OR BOARDS PRIOR TO SUCH
CLOSURE, PRESENT INFORMATION REGARDING SUCH CLOSURE AND RELATED SERVICE
ALTERNATIVES AND ALSO ALLOW FOR PUBLIC COMMENT. THE POLICY SHALL ALSO
REQUIRE THAT THE AUTHORITY PROVIDE NOTICE TO THE PUBLIC AT LEAST THIRTY
DAYS PRIOR TO SUCH CLOSURE BY: (I) POSTING NOTICE IN THE PASSENGER
STATIONS THAT ARE SCHEDULED FOR CLOSURE; AND (II) POSTING NOTICE ON THE
AUTHORITY'S WEBSITE AND SOCIAL MEDIA ACCOUNTS; PROVIDING INFORMATION
ABOUT THE PLANNED COMPLETE CLOSURE, SERVICE ALTERNATIVES, AND DIRECTIONS
ON HOW THE PUBLIC CAN PROVIDE COMMENT TO THE AUTHORITY REGARDING SUCH
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CLOSURE. THIS SUBDIVISION SHALL NOT APPLY TO EMERGENCY STATION CLOSURES
RESULTING FROM UNFORESEEN CIRCUMSTANCES WHERE SUCH CLOSURE IS NECESSARY
TO ENSURE PUBLIC HEALTH, SAFETY AND WELFARE.
§ 3. This act shall take effect immediately and shall apply to any
passenger station closings that occur no sooner than 90 days after such
effective date.