§ 14-d. Rail service preservation. 1. Authorization is hereby given to
the commissioner of transportation:

a. to acquire, by purchase, gift, grant, transfer, contract or lease,
any rail transportation facility with the state, or any part thereof, or
the use thereof, and to utilize any such rail transportation facility,
or any property acquired pursuant to the provisions of section eighteen
of this chapter, for the purposes of rail transportation service thereon
or therewith;

b. to enter into contracts with any person, firm, corporation or
agency, including but not limited to any railroad company, state agency,
the federal government, the Canadian government, any other state or
agency or instrumentality thereof, any public authority of this or any
other state, or any political subdivision or municipality of the state,
for the purpose of providing, maintaining and improving rail
transportation service on the rail transportation facilities thereof;

c. to sell, lease or otherwise contract for the utilization of any
rail transportation facilities, or portion thereof, owned or acquired
pursuant to this section or pursuant to section eighteen of this
chapter, for the purpose of providing for, maintaining and improving
rail transportation service thereon.

* d. to acquire by eminent domain, pursuant to the eminent domain
procedure law and section thirty of the highway law, any property,
property rights or property interests, including easements, air rights
and subsurface rights, whether or not now or previously designated as
parkland, or otherwise dedicated to a public use as parkland,
(hereinafter "property interests"), and, provided with respect to real
property now or previously designated as parkland, just compensation
therefor shall be calculated as an amount equal to the appraised fair
market value of the parkland being discontinued, and further provided
only to the extent that such property interests are, in the judgement of
the commissioner, necessary for the construction, use, occupancy,
operation, and maintenance of an airport access mass transit facility
for LaGuardia airport via elevated guideway, and related ancillary
facilities for airport access mass transit maintenance, parking for
persons using the airport access mass transit facility and additional
limited purposes directly related to operation of an airport access mass
transit project, temporary laydown and construction areas, and air
rights and subsurface rights related to an elevated guideway, including
appropriate entry and exit points for users of the airport access mass
transit facility and any property interests necessary for an adjustment
of the piers supporting the pedestrian bridges crossing the Grand
Central Parkway to maintain accessibility, and any vehicle entry and
exit points to the Grand Central Parkway located along either side of
the corridor, in all cases running along a route from LaGuardia airport
on or near the Grand Central Parkway, thence along the edge of the Citi
Field parking lot previously alienated for stadium use, next alongside
the existing elevated track for the No. 7 subway and terminating at
subway rail yards and other transportation staging and storage areas
within a corridor more specifically defined pursuant to section three
hundred forty-nine-g of the highway law; and to utilize, or sell, lease,
contract, or otherwise transfer the acquired property interests together
with property interests it otherwise holds and/or grant easements,
licenses, permits, concessions or other authorizations, to the Port
Authority of New York and New Jersey to facilitate the construction
(including temporary laydown), and permanent use, occupancy, operation,
and maintenance of the airport access mass transit facility, related
ancillary facilities for airport access mass transit maintenance,
parking for persons using the airport access mass transit facility and
additional limited purposes directly related to operation of an airport
access mass transit project; provided however, this subdivision does not
authorize acquisition of property interests for a self-standing facility
constructed to house premises for automobile rental operations.

* NB Repealed June 25, 2028 only if no property interests have been
acquired pursuant to chapter 78 of 2018

2. The commissioner, may, subject to the concurrence of the director
of the budget:

a. Operate, maintain, renovate, repair, improve, extend or establish
any rail transportation facility or any related services and activities,
or may provide therefor by contract, lease or other arrangement with any
person, firm, corporation or agency, including but not limited to any
railroad company, state agency, the federal government, the Canadian
government, any other state or agency or instrumentality thereof, any
public authority of this or any other state, or any political
subdivision or municipality of the state.

b. Enter into joint service agreements on behalf of the state with any
railroad company, and any other state department or agency, the federal
government, the Canadian government, any other state or agency or
instrumentality thereof, any public authority of this state or any other
state, or any political subdivision or municipality of the state,
relating to property, buildings, structures, facilities, services,
rates, fares, classifications, dividends, allowances or charges, or
rules or regulations pertaining thereto, for or in connection with or
incidental to transportation in part upon rail transportation facilities
provided pursuant to this section.

c. Acquire by purchase, gift, grant, transfer, contract or lease any
rail transportation facility, or any part thereof, necessary for or
incidential to the effectuation of the purposes of this section.

d. Utilize federal monies available or which may become available to
the state for the purpose of effectuating the provisions of this section
and enter into any necessary agreements required to meet federal
standards and criteria in connection therewith.

e. Establish, levy and collect or cause to be established, 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 he may deem necessary,
convenient or desirable for the use and operation of any such rail
transportation facility and related services.

f. Sell, transfer, lease or contract for the sale, transfer or lease
of any rail transportation facility, or any part thereof, necessary for
or incidental to the effectuation of the purposes of this section.

g. Do all things necessary, convenient or desirable to carry out the
purposes of this section.

3. For the purposes of this section, the term "rail transportation
facility" shall include railroad rights of way as well as trackage,
rails, cars, locomotives, rolling stock, signal, power, fuel,
communication and ventilation systems, power plants, stations,
terminals, storage yards, repair and maintenance shops, yards, equipment
and parts, offices, and other incidental real estate or personalty used
or held for or incidental to the operation, rehabilitation or
improvement of any railroad operating rail passenger or rail freight
transportation services, or to operate such services, including, but not
limited to buildings, structures and rail property.

4. Notwithstanding the provisions of any other general special or
local law, expenses of the department of transportation incurred in
connection with the provision of rail transportation services as
authorized by this section, may, with the approval of the director of
the budget, be paid out of the gross revenues, if any, received pursuant
to the authorization herein contained. All other revenues surplus to
these expenses shall be paid into the state treasury to the credit of
the general fund.