S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3226
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of A. KIM, QUART, VANEL, LUPARDO, TAYLOR, M. MILLER,
   MONTESANO, MAGNARELLI,  WOERNER,  JEAN-PIERRE,  SEAWRIGHT,  J. RIVERA,
   FAHY,  CYMBROWITZ, HYNDMAN, NIOU, HEVESI, LAVINE, CAHILL, JONES, HUNT-
   ER, REYES, McMAHON, DeSTEFANO, GALEF -- Multi-Sponsored by -- M. of A.
   ABBATE, COOK, DAVILA, RAMOS, THIELE -- read once and referred  to  the
   Committee on Transportation
 
 AN  ACT to amend the transportation law, in relation to establishing the
   hyperloop and high speed rail commission
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The transportation law is amended by adding a new article
 23 to read as follows:
                                ARTICLE 23
                 HYPERLOOP AND HIGH SPEED RAIL COMMISSION
 SECTION 490. HYPERLOOP AND HIGH SPEED RAIL COMMISSION.
         491. POWERS AND DUTIES OF THE COMMISSION.
         492. REPORTING.
         493. ASSISTANCE OF OTHER AGENCIES.
   § 490. HYPERLOOP AND HIGH SPEED RAIL COMMISSION. 1.  THERE  IS  HEREBY
 ESTABLISHED IN THE DEPARTMENT A COMMISSION, TO BE KNOWN AS THE HYPERLOOP
 AND HIGH SPEED RAIL COMMISSION.
   2.  SUCH  COMMISSION SHALL CONSIST OF THE PRESIDENT OF THE METRO-NORTH
 RAILROAD AND ELEVEN OTHER MEMBERS TO  BE  APPOINTED  AS  FOLLOWS:  THREE
 SHALL BE APPOINTED BY THE GOVERNOR; TWO SHALL BE APPOINTED BY THE MAJOR-
 ITY  LEADER  OF THE SENATE AND TWO BY THE MINORITY LEADER OF THE SENATE;
 AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND TWO BY THE
 MINORITY LEADER OF THE ASSEMBLY.
   3. THE COMMISSION MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS  AFTER
 THE  EFFECTIVE  DATE  OF  THIS  ARTICLE AND SHALL MEET PUBLICLY AT LEAST
 QUARTERLY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05971-01-1
              

 A. 3226                             2
 
   § 491. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL  HAVE
 THE FOLLOWING POWERS AND DUTIES:
   1. ASSESS AND STUDY THE BENEFITS AND IMPLICATIONS, INCLUDING FINANCIAL
 IMPLICATIONS,  OF CREATING A HYPERLOOP AND HIGH SPEED RAIL SYSTEM WITHIN
 NEW YORK STATE;
   2. PLAN AND ADVISE  THE  DEPARTMENT  ON  FUTURE  IMPROVEMENTS  TO  THE
 STATE'S  RAIL  SYSTEMS  THAT  ARE NECESSARY TO IMPLEMENT A HYPERLOOP AND
 HIGH SPEED RAIL SERVICE IN THE STATE, INCLUDING  MAKING  RECOMMENDATIONS
 FOR  THE BEST GOVERNMENTAL STRUCTURE TO DESIGN, BUILD, OPERATE, MAINTAIN
 AND FINANCE A HYPERLOOP AND HIGH SPEED RAIL SYSTEM;
   3. EVALUATE ALL AVAILABLE HYPERLOOP AND HIGH SPEED RAIL  TECHNOLOGIES,
 SYSTEMS AND OPERATORS, AND MAKE RECOMMENDATIONS ON AN APPROPRIATE HYPER-
 LOOP AND HIGH SPEED RAIL SYSTEM;
   4. RESEARCH OPTIONS, IN COORDINATION WITH THE DEPARTMENT, WITH RESPECT
 TO  AGREEMENTS  WITH  PRIVATE ENTITIES NECESSARY TO PERMIT HYPERLOOP AND
 HIGH SPEED TRAINS, INCLUDING BUT NOT LIMITED TO AGREEMENTS  RELATING  TO
 TRACK  IMPROVEMENTS AND AGREEMENTS TO OPERATE A HYPERLOOP AND HIGH SPEED
 RAIL SYSTEM, AND TO PROVIDE THE DEPARTMENT WITH RECOMMENDATIONS  ON  THE
 FORM ANY SUCH AGREEMENT SHOULD TAKE;
   5.  ADVISE  AND WORK WITH THE DEPARTMENT ON MAKING APPLICATION FOR ANY
 ADDITIONAL FUNDING THAT MAY BE AVAILABLE FOR THE DEVELOPMENT AND  OPERA-
 TION  OF  A HYPERLOOP AND HIGH SPEED RAIL SYSTEM IN THE STATE, PROVIDED,
 HOWEVER, THAT NO SUCH FUNDING THAT REQUIRES A STATE MATCH OF  FUNDS  MAY
 BE  SOUGHT  EXCEPT  ON  APPROVAL OF THE GOVERNOR AND THE DIRECTOR OF THE
 DIVISION OF THE BUDGET; AND
   6. TO ISSUE REQUESTS FOR INFORMATION FROM ALL COMPANIES  THAT  OPERATE
 HYPERLOOP  AND  HIGH  SPEED  RAILS  AROUND  THE WORLD INCLUDING, BUT NOT
 LIMITED TO, COMPANIES IN JAPAN, CHINA, SOUTH KOREA AND GERMANY,  AND  TO
 COLLECT  AND PRESENT A COMPREHENSIVE OUTLINE OF POTENTIAL COMPANIES THAT
 COULD OPERATE A HYPERLOOP AND HIGH SPEED RAIL SYSTEM IN THE STATE.
   § 492. REPORTING. THE COMMISSION SHALL MAKE A REPORT WITH ITS FINDINGS
 TO THE GOVERNOR AND THE LEGISLATURE WITHIN TWO YEARS  OF  THE  EFFECTIVE
 DATE  OF  THIS ARTICLE AND ANNUALLY THEREAFTER. UPON THE TRANSMISSION OF
 THE REPORT TO THE GOVERNOR AND THE LEGISLATURE, THE  COMMISSIONER  SHALL
 WITHIN  THIRTY  DAYS  DETERMINE WHETHER THE COMMISSION SHALL CONTINUE IN
 OPERATION, OR WHETHER IT SHALL BE CHANGED IN SOME MANNER, OR WHETHER  IT
 SHALL  BE DISSOLVED AND SHALL REPORT HIS OR HER FINDINGS AND RECOMMENDA-
 TIONS TO THE GOVERNOR AND THE LEGISLATURE.
   § 493. ASSISTANCE OF OTHER AGENCIES. TO  EFFECTUATE  THE  PURPOSES  OF
 THIS  ARTICLE,  THE  COMMISSION  MAY  REQUEST AND SHALL RECEIVE FROM ANY
 DEPARTMENT, DIVISION, BOARD,  BUREAU,  COMMISSION  OR  OTHER  AGENCY  OR
 AUTHORITY  OF  THE  STATE  SUCH ASSISTANCE, INFORMATION AND DATA AS WILL
 ENABLE THE COMMISSION TO PROPERLY CARRY OUT ITS  POWERS  AND  DUTIES  AS
 DESCRIBED  IN  SECTION  FOUR  HUNDRED  NINETY  ONE OF THIS ARTICLE. SUCH
 ASSISTANCE SHALL NOT WAIVE OR IMPAIR THE TERMS OF AN EXISTING  AGREEMENT
 NEGOTIATED  BETWEEN  THE RELEVANT EMPLOYER AND EMPLOYEE ORGANIZATION NOR
 LIMIT ANY OBLIGATION TO  BARGAIN  TERMS  AND  CONDITIONS  OF  EMPLOYMENT
 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect immediately.