S T A T E O F N E W Y O R K
________________________________________________________________________
5607--A
2021-2022 Regular Sessions
I N S E N A T E
March 12, 2021
___________
Introduced by Sens. KENNEDY, ADDABBO, RAMOS, SALAZAR -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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. (A) 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
MAJORITY 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. A MAJORITY OF THE COMMIS-
SION SHALL ELECT A MEMBER OF THE COMMISSION TO SERVE AS THE CHAIRPERSON
OF SUCH COMMISSION.
(B) FOR PURPOSES OF THIS ARTICLE, "HIGH SPEED RAIL" SHALL MEAN INTER-
CITY PASSENGER RAIL SERVICES CAPABLE OF OPERATING AT NO LESS THAN ONE
HUNDRED TEN MILES PER HOUR.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05971-04-1
S. 5607--A 2
3. THE COMMISSION MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS AFTER
THE EFFECTIVE DATE OF THIS ARTICLE AND SHALL MEET PUBLICLY AT LEAST
QUARTERLY.
§ 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 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 SYSTEM
IN THE STATE, INCLUDING MAKING RECOMMENDATIONS FOR THE BEST GOVERNMENTAL
STRUCTURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND FINANCE A HYPERLOOP
SYSTEM;
3. EVALUATE ALL AVAILABLE HYPERLOOP TECHNOLOGIES, SYSTEMS AND OPERA-
TORS, AND MAKE RECOMMENDATIONS ON AN APPROPRIATE HYPERLOOP SYSTEM;
4. RESEARCH OPTIONS, IN COORDINATION WITH THE DEPARTMENT, WITH RESPECT
TO AGREEMENTS WITH PRIVATE ENTITIES NECESSARY TO PERMIT HYPERLOOP
SYSTEMS, INCLUDING BUT NOT LIMITED TO AGREEMENTS RELATING TO TRACK
IMPROVEMENTS AND AGREEMENTS TO OPERATE A HYPERLOOP SYSTEM, AND TO
PROVIDE THE DEPARTMENT WITH RECOMMENDATIONS ON THE FORM ANY SUCH AGREE-
MENT 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 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;
6. ASSESS AND STUDY THE BENEFITS AND IMPLICATIONS, INCLUDING FINANCIAL
IMPLICATIONS, OF CREATING OR IMPLEMENTING A HIGH SPEED RAIL SYSTEM WITH-
IN NEW YORK STATE;
7. PLAN AND ADVISE THE DEPARTMENT ON FUTURE IMPROVEMENTS TO THE
STATE'S RAIL SYSTEMS THAT ARE NECESSARY TO IMPLEMENT HIGH SPEED RAIL
SERVICE IN THE STATE, INCLUDING MAKING RECOMMENDATIONS FOR THE BEST
GOVERNMENTAL STRUCTURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND FINANCE A
HIGH SPEED RAIL SYSTEM;
8. EVALUATE ALL AVAILABLE HIGH SPEED RAIL TECHNOLOGIES, SYSTEMS AND
OPERATORS, AND MAKE RECOMMENDATIONS ON AN APPROPRIATE HIGH SPEED RAIL
SYSTEM, AS WELL AS ASSESS AND COMPARE THE POSITIVE AND NEGATIVE IMPACTS
OF IMPLEMENTING A HIGH SPEED RAIL SYSTEM IN CONTRAST WITH IMPLEMENTING A
HYPERLOOP SYSTEM;
9. RESEARCH OPTIONS, IN COORDINATION WITH THE DEPARTMENT, WITH RESPECT
TO AGREEMENTS WITH PRIVATE ENTITIES NECESSARY TO PERMIT HIGH SPEED RAIL
TRAINS, INCLUDING BUT NOT LIMITED TO AGREEMENTS RELATING TO TRACK
IMPROVEMENTS AND AGREEMENTS TO OPERATE A HIGH SPEED RAIL SYSTEM, AND TO
PROVIDE THE DEPARTMENT WITH RECOMMENDATIONS ON THE FORM ANY SUCH AGREE-
MENT SHOULD TAKE;
10. ADVISE AND WORK WITH THE DEPARTMENT ON MAKING APPLICATIONS FOR ANY
ADDITIONAL FUNDING THAT MAY BE AVAILABLE FOR THE DEVELOPMENT AND OPERA-
TION OF A 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
11. 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.
S. 5607--A 3
§ 492. REPORTING. THE COMMISSION SHALL MAKE A REPORT WITH ITS FINDINGS
TO THE GOVERNOR AND THE LEGISLATURE AND SHALL PUBLISH SUCH REPORT WITHIN
TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE AND ANNUALLY THEREAFTER.
UPON THE TRANSMISSION OF THE INITIAL REPORT TO THE GOVERNOR, THE LEGIS-
LATURE AND THE PUBLIC, THE COMMISSIONER SHALL WITHIN THIRTY DAYS DETER-
MINE WHETHER THE COMMISSION SHALL CONTINUE IN OPERATION, WHETHER THERE
ARE AMENDMENTS THAT COULD IMPROVE THE COMMISSION, OR WHETHER IT SHALL BE
DISSOLVED. THE COMMISSIONER SHALL REPORT HIS OR HER FINDINGS AND RECOM-
MENDATIONS TO THE GOVERNOR AND THE LEGISLATURE. IN THE EVENT THE
COMMISSION IS DISSOLVED, THE COMMISSIONER SHALL NOTIFY THE LEGISLATIVE
BILL DRAFTING COMMISSION UPON SUCH DISSOLUTION IN ORDER THAT SUCH
COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE DATABASE OF THE
OFFICIAL TEXT OF THE LAWS OF THE STATE OF NEW YORK IN FURTHERANCE OF
EFFECTUATING THE PROVISIONS OF SECTION FORTY-FOUR OF THE LEGISLATIVE LAW
AND SECTION SEVENTY-B OF THE PUBLIC OFFICERS LAW.
§ 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.