S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1619
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A. ROSENTHAL, GLICK, DINOWITZ, COLTON, PAULIN --
   Multi-Sponsored by -- M. of A. EPSTEIN -- read once  and  referred  to
   the Committee on Corporations, Authorities and Commissions
 
 AN  ACT  to amend the public authorities law, in relation to eliminating
   the metropolitan  commuter  transportation  authority's  environmental
   quality review exemption
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 11 of section 1266 of the public author-
 ities law, subdivision 3 as amended and subdivision 11 as added by chap-
 ter 314 of the laws of 1981, are amended to read as follows:
   3. The authority may establish, levy and collect or cause to be estab-
 lished, levied and collected  and,  in  the  case  of  a  joint  service
 arrangement,  join with others in the establishment, levy and collection
 of such fares, tolls, rentals, rates, charges and other fees as  it  may
 deem necessary, convenient or desirable for the use and operation of any
 transportation  facility  and related services operated by the authority
 or by a subsidiary corporation of the authority or under contract, lease
 or other arrangement, including joint  service  arrangements,  with  the
 authority.  Any such fares, tolls, rentals, rates, charges or other fees
 for the transportation of passengers shall be  established  and  changed
 only if approved by resolution of the authority adopted by not less than
 a  majority vote of the whole number of members of the authority then in
 office, with the [chairman] CHAIR having  one  additional  vote  in  the
 event  of a tie vote, and only after a public hearing, provided however,
 that fares, tolls, rentals, rates, charges or other fees for the  trans-
 portation  of  passengers  on  any  transportation facility which are in
 effect at the time that the then owner of such  transportation  facility
 becomes  a  subsidiary  corporation of the authority or at the time that
 operation of such transportation facility is commenced by the  authority
 or  is  commenced  under contract, lease or other arrangement, including
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04425-01-5
              

 A. 1619                             2
 
 joint service arrangements, with  the  authority  may  be  continued  in
 effect without such a hearing. Such fares, tolls, rentals, rates, charg-
 es  and  other  fees  shall be established as may in the judgment of the
 authority  be  necessary  to  maintain  the  combined  operations of the
 authority and its subsidiary corporations on  a  self-sustaining  basis.
 The  said operations shall be deemed to be on a self-sustaining basis as
 required by this title, when the authority is able to pay or cause to be
 paid from revenue and any other funds or property actually available  to
 the  authority  and  its  subsidiary  corporations (a) as the same shall
 become due, the principal of and interest on the  bonds  and  notes  and
 other  obligations of the authority and of such subsidiary corporations,
 together with the maintenance of proper reserves therefor, (b) the  cost
 and  expense  of  keeping the properties and assets of the authority and
 its subsidiary corporations in good condition and repair,  and  (c)  the
 capital  and  operating  expenses  of  the  authority and its subsidiary
 corporations. The authority may contract with the holders of  bonds  and
 notes  with  respect  to  the  exercise of the powers authorized by this
 section. [No acts or activities taken or proposed to  be  taken  by  the
 authority  or any subsidiary of the authority pursuant to the provisions
 of this subdivision shall be deemed to be "actions" for the purposes  or
 within  the  meaning  of article eight of the environmental conservation
 law.]
   11. No project to be constructed upon real property  theretofore  used
 for  a  transportation  purpose, or on an insubstantial addition to such
 property contiguous thereto, which will not change in a material respect
 the general character of such prior transportation use, nor any acts  or
 activities  in  connection  with  such  project, shall be subject to the
 provisions of article [eight,] nineteen, twenty-four or  twenty-five  of
 the  environmental  conservation  law,  or to any local law or ordinance
 adopted pursuant to any such article. [Nor shall any acts or  activities
 taken or proposed to be taken by the authority or by any other person or
 entity,  public  or  private,  in  connection with the planning, design,
 acquisition, improvement, construction, reconstruction or rehabilitation
 of a transportation facility, other than a marine or aviation  facility,
 be  subject  to  the  provisions  of  article eight of the environmental
 conservation law, or to any local law or ordinance adopted  pursuant  to
 any such article if such acts or activities require the preparation of a
 statement  under  or pursuant to any federal law or regulation as to the
 environmental impact thereof.]
   § 2. This act shall take effect immediately.