NY State Senate Bill 2019-S3385

Senate Bill S3385

2019-2020 Legislative Session

Establishes a moratorium on the increase in rates of railroad fares established by the metropolitan transportation authority

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
May 17, 2019	print number 3385a
May 17, 2019	amend and recommit to transportation
Feb 06, 2019	referred to transportation

Bill Amendments

Original

A (Active)

2019-S3385 - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1279-e, Pub Auth L

2019-S3385 - Summary

Establishes a moratorium on the increase in rates of railroad fares established by the metropolitan transportation authority until the authority has fully implemented the positive train control requirements of the federal rail safety improvement act of 2008; provides that such moratorium shall be in effect on and after January 1, 2020.

2019-S3385 - Sponsor Memo

                                
 
BILL NUMBER: S3385

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to establishing
a moratorium on the increase in rates of railroad fares established by
the metropolitan transportation authority; and providing for the repeal
of such provisions upon expiration thereof

 
PURPOSE:

This legislation would place a moratorium on the MTA's ability to raise
fares should they fail to implement positive rail control prior to Janu-
ary 1, 2020. This moratorium would be lifted once positive rail control
is implemented, and is not valid should the MTA meet the January 1 dead-
line.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 1279-e to create a moratorium on railroad

fare increases unless positive train control has been fully implemented
as required by the rail safety improvement act of 2008. This section
provides should the deadline be met there will be no fare freeze.
Further provides that should the MTA miss the deadline, but then meet
the necessary improvements the moratorium will be lifted at that time.

Section 2 2 is the effective date making it clear that the law shall be
deemed repealed when all railroads operated by the MTA or any of its
subsidiaries have fully implemented positive train control requirements
of the federal safety improvement act of 2008.

 
JUSTIFICATION:

The Railroad Safety Improvement Act of 2008 requires the implementation
of positive train control on railroads which carry passengers or have
high volume freight carrying toxic or hazardous materials. Initially the
Act required railroads nationwide to have positive train control
installed by the end of 2015, but the deadline was extended to the end
of 2018.

At the end of 2018 the LIRR asked for and was granted a 2 year extension
to meet the standards as required by the Railroad Safety Improvement Act
of 2008, this extension was granted because the LIRR showed because of
positive steps it has taken to comply with the law.  Part of the
requirement for an extension was to submit a plan for full implementa-
tion by 2020, this legislation seeks to keep the MTA to that schedule.
In order to have qualified for the extension the MTA had to install most
of the necessary equipment, trained most of its employees on its use,
and demonstrate operability.

Funding for positive train control implementation is being funded
through a $1 billion Federal loan, it is estimated to cost $530 million
for the LIRR to implement ptc. Failure to meet the requirements could
cost the MTA fines of over $27,000 a day.

This legislation seems to ensure that the MTA and its subsidiaries
continue to stay vigilant in their implementation of positive train

control to ensure rider safety is increased in as expeditious a time-
frame as possible.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed when all railroads operated by the MTA or any of its subsid-
iaries have fully implemented positive train control requirements of the
federal rail safety improvement act of 2008.

2019-S3385 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3385
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, in relation to  establishing
   a moratorium on the increase in rates of railroad fares established by
   the  metropolitan  transportation  authority;  and  providing  for the
   repeal of such provisions upon expiration thereof
 
   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 1279-e to read as follows:
   § 1279-E. MORATORIUM ON RAILROAD FARE INCREASE; POSITIVE RAIL  CONTROL
 IMPLEMENTATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY, A MORATORIUM SHALL BE ESTABLISHED ON
 THE INCREASE IN THE RATES OF FARE ESTABLISHED BY THE METROPOLITAN TRANS-
 PORTATION AUTHORITY FOR ANY RAILROAD OPERATED BY THE METROPOLITAN TRANS-
 PORTATION  AUTHORITY  OR  ANY  OF ITS SUBSIDIARIES FOR PASSENGERS RIDING
 SUCH RAILROADS AND SUCH RATES OF FARE SHALL BE FIXED  AT  THE  RATES  OF
 FARE  IN EXISTENCE ON DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN. SUCH
 MORATORIUM SHALL CONTINUE IN EFFECT UNTIL ALL RAILROADS OPERATED BY  THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY  OR ANY OF ITS SUBSIDIARIES HAVE
 FULLY IMPLEMENTED THE  POSITIVE TRAIN CONTROL REQUIREMENTS OF THE FEDER-
 AL RAIL SAFETY IMPROVEMENT ACT OF 2008. UPON SUCH COMPLIANCE SUCH  MORA-
 TORIUM SHALL BE LIFTED.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed when all railroads operated by the  metropolitan  trans-
 portation  authority  or  any of its subsidiaries have fully implemented
 the positive train control  requirements  of  the  federal  rail  safety
 improvement act of 2008; provided that
   1. the provisions of this act shall apply to rates of fare established
 by the metropolitan transportation authority on or after January 1, 2020
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09563-01-9

 S. 3385                             2
 
 for  any  railroad operated by the metropolitan transportation authority
 or any of its subsidiaries for passengers riding such railroads; and
   2. the metropolitan transportation authority shall notify the legisla-
 tive  bill  drafting commission upon the occurrence of the compliance by
 the  metropolitan  transportation  authority  with  the  positive  train
 control  requirements of the federal rail safety improvement act of 2008
 as provided for in this act in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.

2019-S3385A (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1279-e, Pub Auth L

2019-S3385A (ACTIVE) - Summary

2019-S3385A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3385A

SPONSOR: KAPLAN
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to establishing a moratorium on the increase in rates of rail-
road fares established by the metropolitan transportation authority; and
providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

This legislation would place a moratorium on the MTA's ability to raise
fares should they fail to implement positive rail control prior to Janu-
ary 1, 2020. This moratorium would be lifted once positive rail control
is implemented, and is not valid should the MTA meet the January 1 dead-
line.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 1279-i to create a moratorium on railroad
fare increases unless positive train control has been fully implemented
as required by the rail safety improvement act of 2008. This section

provides should the deadline be met there will be no fare freeze.
Further provides that should the MTA miss the deadline, but then meet
the necessary improvements the moratorium will be lifted at that time.

Section 2 2 is the effective date making it clear that the law shall be
deemed repealed when all railroads operated by the MTA or any of its
subsidiaries have fully implemented positive train control requirements
of the federal safety improvement act of 2008.

 
JUSTIFICATION:

The Railroad Safety Improvement Act of 2008 requires the implementation
of positive train control on railroads which carry passengers or have
high volume freight carrying toxic or hazardous materials.  Initially
the Act required railroads nationwide to have positive train control
installed by the end of 2015, but the deadline was extended to the end
of 2018.

At the end of 2018 the LIRR asked for and was granted a 2 year extension
to meet the standards as required by the Railroad Safety Improvement Act
of 2008, this extension was granted because the LIRR showed because of
positive steps it has taken to comply with the law.  Part of the
requirement for an extension was to submit a plan for full implementa-
tion by 2020, this legislation seeks to keep the MTA to that schedule.

In order to have qualified for the extension the MTA had to install most
of the necessary equipment, trained most of its employees on its use,
and demonstrate operability.

Funding for positive train control implementation is being funded
through a $1 billion Federal loan, it is estimated to cost $530 million
for the LIRR to implement ptc. Failure to meet the requirements could
cost the MTA fines of over $27,000 a day.

This legislation seems to ensure that the MTA and its subsidiaries
continue to stay vigilant in their implementation of positive train
control to ensure rider safety is increased in as expeditious a time-
frame as possible.
 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed when all railroads operated by the MTA or any of its subsid-
iaries have fully implemented positive train control requirements of the
federal rail safety improvement act of 2008.

2019-S3385A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3385--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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  establishing
   a moratorium on the increase in rates of railroad fares established by
   the  metropolitan  transportation  authority;  and  providing  for the
   repeal of such provisions upon expiration thereof
 
   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 1279-i to read as follows:
   § 1279-I. MORATORIUM ON RAILROAD FARE INCREASE; POSITIVE RAIL  CONTROL
 IMPLEMENTATION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON AND AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY, A MORATORIUM SHALL BE ESTABLISHED ON
 THE INCREASE IN THE RATES OF FARE ESTABLISHED BY THE METROPOLITAN TRANS-
 PORTATION AUTHORITY FOR ANY RAILROAD OPERATED BY THE METROPOLITAN TRANS-
 PORTATION  AUTHORITY  OR  ANY  OF ITS SUBSIDIARIES FOR PASSENGERS RIDING
 SUCH RAILROADS AND SUCH RATES OF FARE SHALL BE FIXED  AT  THE  RATES  OF
 FARE  IN EXISTENCE ON DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN. SUCH
 MORATORIUM SHALL CONTINUE IN EFFECT UNTIL ALL RAILROADS OPERATED BY  THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY  OR ANY OF ITS SUBSIDIARIES HAVE
 FULLY IMPLEMENTED THE  POSITIVE TRAIN CONTROL REQUIREMENTS OF THE FEDER-
 AL RAIL SAFETY IMPROVEMENT ACT OF 2008. UPON SUCH COMPLIANCE SUCH  MORA-
 TORIUM SHALL BE LIFTED.
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed when all railroads operated by the  metropolitan  trans-
 portation  authority  or  any of its subsidiaries have fully implemented
 the positive train control  requirements  of  the  federal  rail  safety
 improvement act of 2008; provided that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09563-02-9

 S. 3385--A                          2
 
   1. the provisions of this act shall apply to rates of fare established
 by the metropolitan transportation authority on or after January 1, 2020
 for  any  railroad operated by the metropolitan transportation authority
 or any of its subsidiaries for passengers riding such railroads; and
   2. the metropolitan transportation authority shall notify the legisla-
 tive  bill  drafting commission upon the occurrence of the compliance by
 the  metropolitan  transportation  authority  with  the  positive  train
 control  requirements of the federal rail safety improvement act of 2008
 as provided for in this act in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.

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