2005-06 Budget - Article 7 Bill s994
STATE OF NEW YORK
________________________________________________________________________
S. 994 A. 1924
SENATE - ASSEMBLY
January 21, 2005
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the public authorities law, the state finance law, the
tax law, the executive law, the insurance law, the transportation law,
the retirement and social security law, the administrative code of the
city of New York, and the social services law, in relation to the
metropolitan transportation authority; and repealing certain
provisions of the public authorities law and state finance law relat-
ing thereto (Part A); to amend the public authorities law, in relation
to the ownership status of transit facilities (Part B); to authorize
funding for the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli programs for State fiscal year 2005-
06; and to amend chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund, in relation to the authorization
of the state's five-year transportation plan (Part C); to amend the
vehicle and traffic law and the general business law, in relation to a
manual on uniform traffic control devices, special stops required and
flashing signals (Part D); to amend chapter 533 of the laws of 1993,
amending the vehicle and traffic law and the correction law relating
to the suspension and revocation of driver's licenses upon conviction
of certain drug-related offenses, in relation to eliminating repealer
and reverter language; and to amend chapter 312 of the laws of 1994,
amending the vehicle and traffic law relating to suspensions of
licenses pending prosecution of certain alcohol-related charges, and
authorizations for probationary and conditional driver's licenses, in
relation to eliminating repealer and reverter language (Part E); to
amend the vehicle and traffic law and chapter 81 of the laws of 1995,
amending the vehicle and traffic law and other laws relating to the
enforcement of support through the suspension of driving privileges,
in relation to the qualifications and disqualifications of commercial
driver's license holders (Part F); to amend the alcoholic beverage
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12175-01-5
S. 994 2 A. 1924
control law and the vehicle and traffic law, in relation to open
container requirements; and to repeal subdivision 3 of section 1227 of
the vehicle and traffic law relating thereto (Part G); to amend the
public authorities law, in relation to the value of debt that may be
issued on behalf of the state department of transportation (Part H);
to amend chapter 413 of the laws of 1999 relating to providing for
mass transportation payments, in relation to including Seneca and
Orleans counties with those counties receiving payments of mass trans-
portation operating assistance (Part I); to amend the penal law, in
relation to aggravated loitering in a transportation facility (Part
J); to amend the vehicle and traffic law, chapter 62 of the laws of
2003, amending the general business law and other laws relating to
implementing the state fiscal plan for the 2003-2004 state fiscal
year, chapter 84 of the laws of 2002, amending the state finance law
relating to costs of the department of motor vehicles, and chapter 63
of the laws of 2000, amending the tax law and other laws relating to
modifying the distribution of funds from the motor fuel excise tax, in
relation to increasing certain motor vehicle transaction fees (Part
K); to amend the highway law and the public authorities law, in
relation to establishing a department of transportation and a thruway
authority pilot program for design-build and providing for the repeal
of such provisions upon expiration thereof (Part L); and to amend the
transportation law and the public authorities law, in relation to a
transportation facility development partnership program (Part M)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 relating to issues deemed necessary for the state. Each component is
3 wholly contained within a Part identified as Parts A through M. The
4 effective date for each particular provision contained within such Part
5 is set forth in the last section of such Part. Any provision in any
6 section contained within a Part, including the effective date of the
7 Part, which makes reference to a section "of this act", when used in
8 connection with that particular component, shall be deemed to mean and
9 refer to the corresponding section of the Part in which it is found.
10 Section three of this act sets forth the general effective date of this
11 act.
12 PART A
13 Section 1. Title 3 of article 3 of the public authorities law is
14 REPEALED.
15 § 2. Title 9 of article 5 of the public authorities law is REPEALED.
16 § 3. Title 11 of article 5 of the public authorities law is REPEALED
17 and a new title 11 is added to read as follows:
18 TITLE 11
19 METROPOLITAN TRANSPORTATION AUTHORITY
20 Section 1260. Short title.
21 1260-a. Definitions.
22 1260-b. Metropolitan commuter transportation district.
23 1260-c. Metropolitan transportation authority.
24 1260-d. Purposes of the authority.
25 1260-e. General powers of the authority.
26 1260-f. Special powers of the authority.
S. 994 3 A. 1924
1 1260-g. MTA - subway and city bus projects within the city.
2 1260-h. Authority police force.
3 1260-i. Acquisition and disposition of real property.
4 1260-j. Acquisition and disposition of real property by
5 department of transportation.
6 1260-k. MTA - procurement.
7 1260-l. MTA agencies - cooperation and assistance of other
8 agencies.
9 1261. Metropolitan transportation authority capital program
10 review board.
11 1261-a. Capital program plans; approvals; effect of disap-
12 proval.
13 1261-b. Metropolitan transportation authority capital program
14 review board; additional powers and duties.
15 1262. Metropolitan transportation authority dedicated tax
16 fund.
17 1262-a. Metropolitan transportation authority special assist-
18 ance fund.
19 1262-b. Metropolitan transportation authority Dutchess, Orange
20 and Rockland fund.
21 1262-c. MTA and MTA agencies - agreement of the state relating
22 to bankruptcy and impairment of bondholders' rights
23 and remedies.
24 1262-d. MTA - excess loss fund.
25 1262-e. MTA - pension obligation bonds.
26 1262-f. MTA and MTA bridges and tunnels - bonds, notes and
27 other obligations as legal investment.
28 1262-g. MTA agencies - exemption from taxation.
29 1262-h. MTA and MTA bridges and tunnels - bonds, notes and
30 other obligations.
31 1262-i. MTA and MTA bridges and tunnels - consolidated
32 financings.
33 1262-j. MTA and MTA bridges and tunnels - reserve funds and
34 appropriations.
35 1262-k. MTA and MTA bridges and tunnels - right of state to
36 require redemption of bonds.
37 1262-l. MTA and MTA bridges and tunnels - remedies of owners.
38 1263. MTA agencies - actions against the agencies.
39 1263-a. MTA agencies - posting of security.
40 1264. MTA - submission of strategic operation plan.
41 1264-a. MTA agencies - annual audit.
42 1264-b. MTA agencies - inspector general.
43 1264-c. MTA - management advisory board.
44 1264-d. MTA - additional reports and audit requirements.
45 1264-e. MTA - budget process.
46 1264-f. MTA - certain lobbying activities.
47 1265. MTA bridges and tunnels - creation.
48 1265-a. MTA bridges and tunnels - additional powers.
49 1265-b. MTA bridges and tunnels - additional powers and
50 provisions in relation to convention center.
51 1265-c. MTA bridges and tunnels - construction contracts.
52 1265-d. MTA bridges and tunnels - additional agreements of the
53 state with owners of bonds, notes and other obli-
54 gations.
55 1265-e. MTA bridges and tunnels - protection of owners of
56 bonds, notes and other obligations.
S. 994 4 A. 1924
1 1266. MTA bridges and tunnels - transportation projects.
2 1266-a. MTA bridges and tunnels - lands, easements and rights
3 in land.
4 1266-b. MTA bridges and tunnels - restrictions on signs and
5 billboards.
6 1266-c. MTA bridges and tunnels - transfer of officers and
7 employees.
8 1266-d. MTA bridges and tunnels - fire training.
9 1266-e. MTA bridges and tunnels - consent of state.
10 1267. MTA bridges and tunnels - actions against MTA bridges
11 and tunnels.
12 1268. MTA subways - creation.
13 1268-a. MTA subways - purposes.
14 1268-b. MTA subways - lease of transit facilities from the
15 city.
16 1268-c. MTA subways - general powers.
17 1268-d. MTA subways - advisory council.
18 1268-e. MTA subways - rapid transit noise code.
19 1268-f. MTA subways - rates of fare and levels of service.
20 1268-g. MTA subways - surrender of power plants.
21 1268-h. MTA subways - revenue and accounts.
22 1268-i. MTA subways - contracts.
23 1268-j. MTA subways - transit adjudication bureau.
24 1269. MTA subways - employees.
25 1269-a. MTA subways and MTA bus - flexible benefits program.
26 1270. MTA subways - actions against MTA subways.
27 1270-a. MTA subways - rapid transit law.
28 1270-b. MTA subways - construction of terms.
29 1270-c. MTA subways - continuity of jurisdiction.
30 1271. MTA bus - creation.
31 1271-a. MTA bus - purposes.
32 1271-b. MTA bus - omnibus facilities.
33 1271-c. MTA bus - general powers.
34 1271-d. MTA bus - advisory council.
35 1271-e. MTA bus - rates of fare and levels of service.
36 1271-f. MTA bus - employees.
37 1271-g. MTA bus - contracts.
38 1272. MTA bus - actions against MTA bus.
39 1272-a. MTA bus - revenue and accounts.
40 1272-b. MTA bus - construction of terms.
41 1273. MTA rail - creation.
42 1273-a. MTA rail - purposes.
43 1273-b. MTA rail - general powers.
44 1273-c. MTA rail - advisory councils.
45 1273-d. MTA rail - station maintenance payments.
46 1273-e. MTA rail - medical emergency services.
47 1273-f. MTA rail - contracts.
48 1274. MTA rail - actions against MTA rail.
49 1275. MTA capital construction - creation.
50 1276. Title not affected if in part unconstitutional or
51 ineffective.
52 1276-a. Inconsistent provisions in other acts superseded.
53 1276-b. Liberal construction.
54 § 1260. Short title. This title may be cited as the "Metropolitan
55 Transportation Authority act".
S. 994 5 A. 1924
1 § 1260-a. Definitions. As used or referred to in this title, unless a
2 different meaning clearly appears from the context:
3 1. "Authority" shall mean the corporation created by chapter three
4 hundred twenty-four of the laws of nineteen hundred sixty-five, as
5 amended by chapter seven hundred seventeen of the laws of nineteen
6 hundred sixty-seven, whose existence is continued by this title.
7 2. "Authority capital program review board" shall be the entity
8 created pursuant to section twelve hundred sixty-one of this title.
9 3. "Board" shall mean the members of the authority.
10 4. "City" shall mean the city of New York.
11 5. "City comptroller" shall mean the comptroller of the city.
12 6. "Devices and appurtenances" shall mean devices and appurtenances
13 deemed necessary or appropriate by the MTA agencies, to secure the
14 greatest efficiency, public convenience and safety, including the
15 number, location, description and plans and specifications for the
16 stations, suitable supports, turnouts, switches, sidings, connections,
17 landing places, garages, repair shops, buildings, structures, platforms,
18 stairways, elevators, telephones, telecommunications, telegraph and
19 signal devices, facilities for access to the surface, and other suitable
20 appliances incidental and requisite to what such MTA agency may approve
21 as the best and most efficient system of mass transportation in view of
22 the public needs and requirements, including in its discretion, opera-
23 tion of a transportation facility or some portion thereof by any device
24 or means, other than separate cars or trains, in the construction of
25 which stationary means for guiding a conveyance in a definite path and
26 means for propelling such conveyance are necessary elements.
27 7. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,
28 marine or surface craft, motors, boilers, engines, wires, ways, conduits
29 and mechanisms, machinery, tools, implements, materials, supplies,
30 instruments and devices of every nature whatsoever used or useful for
31 transportation purposes or for the generation or transmission of motive
32 power including but not limited to all power houses, and all apparatus
33 and all devices for signaling, communications and ventilation as may be
34 necessary, convenient or desirable for the operation of a transportation
35 facility.
36 8. "Facilities" shall mean equipment, devices and appurtenances,
37 routes, tracks, extensions, connections, terminals or other facilities.
38 9. "Federal government" shall mean the United States of America, and
39 any officer, department, board, commission, bureau, division, corpo-
40 ration, agency or instrumentality thereof.
41 10. "Fiscal year" shall mean the period commencing the first day of
42 January in each year and ending on the succeeding December thirty-first
43 of such year.
44 11. "Governor" shall mean the governor of the state of New York.
45 12. "Highway" shall mean any road, street, avenue or boulevard, wheth-
46 er elevated, surface or subsurface, and includes any parking fields or
47 parking buildings and other facilities connected therewith and any
48 bridge, viaduct, embankment or other structure that is a part thereof or
49 crosses the same.
50 13. "Inspector general" shall mean the authority inspector general.
51 14. "Joint service arrangements" shall mean agreements between or
52 among one or more MTA agencies and any common carrier or freight
53 forwarder, the state, any state agency, the federal government, any
54 other state or agency or instrumentality thereof, any public authority
55 of this or any other state, or any political subdivision or municipality
56 of the state or any other state, relating to property, buildings, struc-
S. 994 6 A. 1924
1 tures, facilities, services, rates, fares, classifications, divisions,
2 allowances or charges (including charges between operators of subway,
3 railroad, omnibus and marine and aviation facilities), or rules or regu-
4 lations pertaining thereto, for or in connection with or incidental to
5 transportation in part in or upon transportation facilities located
6 within the district and in part in or upon transportation facilities
7 located outside the district.
8 15. "Marine and aviation facilities" shall mean equipment and craft
9 for the transportation of passengers, mail and cargo between points
10 within the district or pursuant to joint service arrangements, by marine
11 craft and aircraft of all types including but not limited to hydrofoils,
12 ferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or
13 other contrivances now or hereafter used in navigation or movement on
14 waterways or in the navigation of or flight in airspace. It shall also
15 mean any marine port or airport facility within the transportation
16 district but outside the port of New York district as defined in chapter
17 one hundred fifty-four of the laws of nineteen hundred twenty-one,
18 including but not limited to terminals, docks, piers, bulkheads, ramps
19 or any facility or real property necessary, convenient or desirable for
20 the accommodation of passengers and cargo or the docking, sailing, land-
21 ing, taking off, accommodation or servicing of such marine craft or
22 aircraft, notwithstanding that portions thereof may not be devoted to
23 any purpose other than the production of revenues available for the
24 costs and expenses of all or any transportation facilities.
25 16. "Mayor" shall mean the mayor of the city.
26 17. "MTA" shall mean the authority.
27 18. "MTA agencies" shall mean, collectively, the authority, MTA bus,
28 MTA bridges and tunnels, MTA capital construction, MTA rail and MTA
29 subways, together with their subsidiaries, and any subsidiary estab-
30 lished in this title or heretofore or hereafter created by the authority
31 or by statutory amendment.
32 19. "MTA bridges and tunnels" shall mean the corporation created
33 pursuant to section twelve hundred sixty-five of this title and its
34 subsidiaries.
35 20. "MTA bridges and tunnels project" shall mean any project or one or
36 more or all of the projects described in subdivision eight of section
37 twelve hundred sixty-five-a of this chapter.
38 21. "MTA bus" shall mean the corporation created pursuant to section
39 twelve hundred seventy-one of this title and its subsidiaries.
40 22. "MTA capital construction" shall mean the corporation created
41 pursuant to section twelve hundred seventy-five of this title and its
42 subsidiaries.
43 23. "MTA rail" shall mean the corporation created pursuant to section
44 twelve hundred seventy-three of this title and its subsidiaries.
45 24. "MTA subways" shall mean the corporation created pursuant to
46 section twelve hundred sixty-eight of this title and its subsidiaries.
47 25. "Omnibus facilities" shall mean motor vehicles, of the type oper-
48 ated by carriers subject to the jurisdiction of the department of trans-
49 portation of the state, engaged in the transportation of passengers and
50 their baggage, express and mail between points within the district or
51 pursuant to joint service arrangements, and equipment, property, build-
52 ings, structures, improvements, loading or unloading areas, parking
53 areas or other facilities, necessary, convenient or desirable for the
54 accommodation of such motor vehicles or their passengers, including but
55 not limited to real and personal property notwithstanding that portions
56 may not be devoted to any transportation purpose other than the
S. 994 7 A. 1924
1 production of revenues available for the costs and expenses of all or
2 any transportation facilities.
3 26. "Parkway" shall include elevated, surface or subsurface parkways
4 and parking fields and other facilities connected therewith, and any
5 bridge, viaduct, embankment or other structure that is part thereof or
6 crosses the same.
7 27. "Person" shall mean a natural person, firm or corporation.
8 28. "Property" or "property rights" shall mean real estate, real prop-
9 erty, lands, rights, terms, interests, privileges, franchises or ease-
10 ments of owners, abutting owners or others.
11 29. "Railroad facilities" shall mean right of way and related track-
12 age, rails, cars, locomotives, other rolling stock, signal, power, fuel,
13 communication and ventilation systems, power plants, stations, termi-
14 nals, storage yards, repair and maintenance shops, yards, equipment and
15 parts, offices and other real estate or personalty used or held for or
16 incidental to the operation, rehabilitation or improvement of any rail-
17 road operating or to operate between points within the district or
18 pursuant to joint service arrangements, including but not limited to
19 real and personal property notwithstanding that portions thereof may not
20 be devoted to any transportation purpose other than the production of
21 revenues available for the costs and expenses of all or any transporta-
22 tion facilities.
23 30. "Real property" shall mean lands, structures, franchises and
24 interests in land, waters, lands under water, riparian rights and air
25 rights and any and all things and rights included within said term and
26 includes not only fees simple absolute but also any and all lesser
27 interests including but not limited to easements, rights of way, uses,
28 leases, licenses and all other incorporeal hereditaments and every
29 estate, interest or right, legal or equitable, including terms for years
30 and liens thereon by way of judgments, mortgages or otherwise.
31 31. "Revenues" shall mean all monies received by the MTA agencies,
32 individually or collectively, as the case may be, from whatever source,
33 derived directly or indirectly from or in connection with the operations
34 of the respective entity.
35 32. "State" shall mean the state of New York.
36 33. "State agency" shall mean any officer, department, board, commis-
37 sioner, bureau, division, public benefit corporation, agency or instru-
38 mentality of the state.
39 34. "State comptroller" shall mean the comptroller of the state.
40 35. "Street" shall mean a public street, marginal street, avenue,
41 road, bridge, viaduct, highway, boulevard, driveway, park, parkway,
42 dock, wharf, pier, ground, river, water, square, place, or land.
43 36. "Subway facilities" shall mean a rapid transit railroad or any
44 other facility or any railroad in the city used for local service in the
45 transportation of passengers as common carriers for hire or in the
46 transportation of the United States mail or personal property, and any
47 portion thereof and the rights, leaseholds or other interests therein,
48 together with the devices and appurtenances, facilities and equipment
49 thereof and power plants and other instrumentalities used or useful
50 therefor or in connection therewith, including but not limited to real
51 and personal property, notwithstanding that portions thereof may not be
52 devoted to any transportation purpose other than the production of
53 revenues available for the costs and expenses of all or any transporta-
54 tion facilities.
55 37. "Transportation district" and "district" shall mean the metropol-
56 itan commuter transportation district created by chapter three hundred
S. 994 8 A. 1924
1 twenty-four of the laws of nineteen hundred sixty-five, as amended,
2 whose existence is continued by this title.
3 38. "Transportation facility" shall mean any subway, railroad, omni-
4 bus, marine or aviation facility and any person, firm, partnership,
5 association or corporation which owns, leases or operates any such
6 facility or any other facility used for service in the transportation of
7 passengers, United States mail or personal property as a common carrier
8 for hire and any portion thereof and the rights, leaseholds or other
9 interest, real or personal, therein together with routes, tracks, exten-
10 sions, connections, parking lots, garages, warehouses, yards, storage
11 yards, maintenance and repair shops, terminals, stations, together with
12 the devices and appurtenances, facilities and equipment thereof and
13 power plants and other instrumentalities used or useful therefor or in
14 connection therewith, notwithstanding that portions thereof may not be
15 devoted to any purpose other than the production of revenues available
16 for the costs and expenses of all or any transportation facilities.
17 § 1260-b. Metropolitan commuter transportation district. A commuter
18 transportation district known as the metropolitan commuter transporta-
19 tion district created and established by chapter three hundred twenty-
20 four of the laws of nineteen hundred sixty-five, as amended, is hereby
21 continued in existence. The metropolitan commuter transportation
22 district shall embrace the city and the counties of Dutchess, Nassau,
23 Orange, Putnam, Rockland, Suffolk and Westchester.
24 § 1260-c. Metropolitan transportation authority. 1. (a) (1) A body
25 corporate and politic constituting a public benefit corporation known as
26 the "metropolitan transportation authority" created and established by
27 chapter three hundred twenty-four of the laws of nineteen hundred
28 sixty-five, as amended, is hereby continued in existence. Each of the
29 subsidiaries of the authority, subject to the provisions of this title,
30 is hereby also continued in existence. The authority shall be a body
31 corporate and politic constituting a public benefit corporation. The
32 authority shall consist of a chair, sixteen other voting members, and
33 two non-voting and six alternate non-voting members, as described in
34 subparagraph two of this paragraph appointed by the governor by and with
35 the advice and consent of the senate. Four of the sixteen voting members
36 other than the chair shall be appointed on the written recommendation of
37 the mayor; and each of seven other voting members other than the chair
38 shall be appointed after selection from a written list of three recom-
39 mendations from the chief executive officer of the county in which the
40 particular member is required to reside pursuant to the provisions of
41 this subdivision. Of the members appointed on recommendation of the
42 chief executive officer of a county, one such member shall be, at the
43 time of appointment, a resident of the county of Nassau; one a resident
44 of the county of Suffolk; one a resident of the county of Westchester;
45 one a resident of the county of Dutchess; one a resident of the county
46 of Orange; one a resident of the county of Putnam and one a resident of
47 the county of Rockland. Of the five voting members, other than the
48 chair, appointed by the governor without recommendation from any other
49 person, three shall be, at the time of appointment, residents of the
50 city and two shall be, at the time of appointment, residents of such
51 city or of any of the aforementioned counties in the metropolitan commu-
52 ter transportation district. The chair and each of the members shall be
53 appointed for a term of six years, provided however, that the chair
54 appointed on December fourteenth, nineteen hundred ninety-nine shall
55 serve for a term ending June thirtieth, two thousand six, and the
56 sixteen other members appointed shall serve for the following terms: the
S. 994 9 A. 1924
1 members from the counties of Nassau and Westchester shall each serve for
2 a term ending June thirtieth, two thousand nine; the members from the
3 county of Suffolk and from the counties of Dutchess, Orange, Putnam and
4 Rockland shall each serve for a term ending June thirtieth, two thousand
5 four; two of the members appointed on recommendation of the mayor shall
6 each serve for a term ending June thirtieth, two thousand five and, two
7 shall each serve for a term ending June thirtieth two thousand eight;
8 two of the members appointed by the governor without the recommendation
9 of any other person shall each serve for a term ending June thirtieth,
10 two thousand four, one shall serve for a term ending June thirtieth, two
11 thousand nine, one shall serve for a term ending June thirtieth, two
12 thousand five, and one shall serve for a term ending June thirtieth, two
13 thousand six. The members from the counties of Dutchess, Orange, Putnam
14 and Rockland shall cast one collective vote. The members in office at
15 the date of passage of this title shall continue in office for the dura-
16 tion of that member's term.
17 (2) There shall be two non-voting members and six alternate non-voting
18 members of the authority, as referred to in subparagraph one of this
19 paragraph.
20 The first non-voting member shall be a regular mass transit user of
21 the facilities of the authority and be recommended to the governor by
22 the MTA subways advisory council. The first alternate non-voting member
23 shall be a regular mass transit user of the facilities of the authority
24 and be recommended to the governor by the MTA rail advisory council -
25 Metro-North. The second alternate non-voting member shall be a regular
26 mass transit user of the facilities of the authority and be recommended
27 to the governor by the MTA bus advisory council. The third alternate
28 non-voting member shall be a regular mass transit user of the facilities
29 of the authority and be recommended to the governor by the MTA rail
30 advisory council - Long Island.
31 The second non-voting member shall be recommended to the governor by
32 the labor organization representing the majority of employees of MTA
33 rail - Long Island. The fourth alternate non-voting member shall be
34 recommended to the governor by the labor organization representing the
35 majority of employees of MTA bus. The fifth alternate non-voting member
36 shall be recommended to the governor by the labor organization repres-
37 enting the majority of employees of MTA rail - Metro-North. The sixth
38 alternate non-voting member shall be recommended to the governor by the
39 labor organization representing the majority of employees of MTA
40 subways. The chair of the authority, at his or her direction, may
41 exclude such non-voting member or alternate non-voting member from
42 attending any portion of a meeting of the authority or of any committee
43 established pursuant to paragraph (b) of subdivision four of this
44 section held for the purpose of discussing negotiations with labor
45 organizations.
46 The non-voting member and the three alternate non-voting members
47 representing the MTA subways advisory council, the MTA rail - Metro-
48 North advisory council, the MTA bus advisory council and the MTA rail -
49 Long Island advisory council shall serve eighteen month rotating terms,
50 after which time an alternate non-voting member shall become the non-
51 voting member and the rotation shall continue until each alternate
52 member has served at least one eighteen month term as a non-voting
53 member. The other non-voting member and alternate non-voting members
54 representing the MTA rail - Long Island, MTA bus, MTA rail - Metro-North
55 and MTA subways labor organizations shall serve eighteen month rotating
56 terms, after which time an alternate non-voting member shall become the
S. 994 10 A. 1924
1 non-voting member and the rotation shall continue until each alternate
2 member has served at least one eighteen month term as a non-voting
3 member. MTA subways, MTA rail - Metro-North, MTA bus and MTA rail - Long
4 Island shall not be represented concurrently by the two non-voting
5 members during any such eighteen month period.
6 (b) The mayor's plan submitted to the governor, the temporary presi-
7 dent of the senate and the speaker of the assembly pursuant to chapter
8 three hundred sixty-seven of the laws of nineteen hundred ninety,
9 detailing how the governor, upon the written recommendation of the
10 mayor, made the four board appointments relating to the representation
11 of each county within the city on such board shall continue to be
12 followed.
13 (c) Vacancies occurring otherwise than by expiration of term shall be
14 filled in the same manner as original appointments for the balance of
15 the unexpired term.
16 2. The chair and each vice chair shall be paid a salary in the amount
17 determined by the authority; the other members shall not receive a sala-
18 ry or other compensation. Each member, including the chair and each vice
19 chair, shall be entitled to reimbursement for actual and necessary
20 expenses incurred in the performance of his or her official duties.
21 3. (a) A majority of the whole number of voting members of the author-
22 ity then in office shall constitute a quorum for the transaction of any
23 business or the exercise of any power of the authority. Except as other-
24 wise specified in this title, for the transaction of any business or the
25 exercise of any power of the authority, the authority shall have power
26 to act by a majority vote of the voting members present at any meeting
27 at which a quorum is in attendance and except further, that in the event
28 of a tie vote the chair shall cast one additional vote. For purposes of
29 this section, members who have rescued themselves or abstained from
30 voting on a particular item may be counted for purposes of constituting
31 a quorum, but shall not be counted in determining whether a majority or
32 other percentage of voting members present at any meeting has acted.
33 (b) For purposes of determining the presence of a quorum, and for
34 purposes of participation on any committee or subcommittee, those
35 members who collectively cast a single vote pursuant to the provisions
36 of paragraph (a) of subdivision one of this section shall be considered
37 to be a single member, and the presence of such member shall be deter-
38 mined as provided in this subdivision. Except as otherwise provided in a
39 by-law adopted as provided by this section, such single member consti-
40 tuting those members entitled to a collective vote shall be deemed pres-
41 ent as a single member for purposes of a quorum if one or more of the
42 members then in office entitled to cast such collective vote is present,
43 and such collective vote shall be cast in accordance with the majority
44 agreement of the members entitled to a collective vote who are present
45 or in the event a single member entitled to a collective vote is present
46 it shall be cast by that member. To evidence the existence of such
47 majority agreement among the members entitled to a collective vote, each
48 such member shall be polled as to his vote and such poll shall be
49 recorded in the minutes. In the event a majority vote is not achieved by
50 the members entitled to a collective vote who are present, then the vote
51 shall not be cast. Nothing in this section shall limit the right of an
52 individual member to participate in board meetings or in other activ-
53 ities of the authority when the other members then in office entitled to
54 collectively cast a vote are not present. At any meeting of the authori-
55 ty at which there is a quorum including all the members then in office
56 entitled to cast a collective vote, the authority may adopt a by-law or
S. 994 11 A. 1924
1 by-laws regulating the casting of such collective vote, provided all
2 members then in office entitled to cast a collective vote affirmatively
3 approve such by-law or by-laws. Any action taken by the authority in
4 accordance with any such by-law or by-laws adopted pursuant to the
5 provisions of this paragraph shall take effect in the same manner as any
6 other action of the authority. Any such by-law or by-laws shall not
7 provide for the casting of any fractional vote. Nor shall such a by-law
8 or by-laws provide for the amendment, repeal or adoption in the future
9 of such a by-law or by-laws in a manner other than that set forth in
10 this paragraph.
11 (c) No provision of paragraph (b) of this subdivision relating to the
12 adoption of certain by-laws by the authority shall affect the manner in
13 which by-laws of the authority are adopted concerning any subject other
14 than the voting and presence for quorum purposes of the members from the
15 counties of Dutchess, Putnam, Orange and Rockland.
16 4. (a) The chair shall be the chief executive officer of the authority
17 and shall be responsible for the discharge of the executive and adminis-
18 trative functions and powers of the authority. On recommendation of the
19 chair, the authority shall appoint an executive director who shall be
20 responsible for the administration and the day-to-day operations of the
21 MTA agencies and who shall not be a member of the MTA agencies. The
22 chair shall be empowered to delegate any one or more of his or her func-
23 tions or powers to the executive director, provided, however, that the
24 chair shall delegate to the executive director such functions and
25 powers, including, without limitation, that of appointment, discipline
26 and removal of officers or employees, as are necessary for the executive
27 director to discharge his or her responsibilities.
28 (b) The chair shall establish committees to assist him or her in the
29 performance of his or her duties and shall appoint members of the
30 authority to such committees. Among such committees, there shall be a
31 committee on operations of each of the MTA agencies; a committee on
32 finance; and a committee on capital program oversight. In addition to
33 such appointed members, each of the non-voting members referred to in
34 subparagraph two of paragraph (a) of subdivision one of this section
35 shall serve on the committee on capital program oversight, the committee
36 on finance, the committee on operations of MTA bridges and tunnels, and
37 the operations committee relevant to the advisory council that recom-
38 mended such member. The alternate non-voting members shall each serve on
39 the respective operations committee relevant to the advisory council
40 that recommended each member. The committee on capital program oversight
41 shall include the chairpersons of the committee on operations of the MTA
42 agencies. Such committee shall, with respect to any approved or proposed
43 capital program plans, (i) monitor the current and future availability
44 of funds to be utilized for such plans approved or proposed to be
45 submitted to the metropolitan transportation authority capital program
46 review board as provided in section twelve hundred sixty-one-a of this
47 title; (ii) monitor the contract awards of the MTA agencies to ensure
48 that such awards are consistent with (A) provisions of law authorizing
49 United States content and New York state content; (B) collective
50 bargaining agreements; (C) provisions of law providing for participation
51 by minority and women-owned businesses; (D) New York state labor laws;
52 (E) competitive bidding requirements including those regarding sole
53 source contracts; and (F) any other relevant requirements established by
54 law; (iii) monitor the award of contracts to determine if such awards
55 are consistent with the manner in which the work was traditionally
56 performed in the past provided, however, that any such determination
S. 994 12 A. 1924
1 shall not be admissible as evidence in any arbitration or judicial
2 proceeding; (iv) review the relationship between capital expenditures
3 pursuant to each such capital program plan and current and future oper-
4 ating budget requirements; (v) monitor the progress of capital elements
5 described in each capital program plan approved as provided in section
6 twelve hundred sixty-one-a of this title; (vi) monitor the expenditures
7 incurred and to be incurred for each such element; and (vii) identify
8 capital elements not progressing on schedule, ascertain responsibility
9 therefor and recommend those actions required or appropriate to acceler-
10 ate their implementation. The committee shall issue a quarterly report
11 on its activities and findings, and shall in connection with the prepa-
12 ration of such quarterly report, consult with the state division of the
13 budget, the state department of transportation, the members of the
14 authority capital program review board and any other group the committee
15 deems relevant, including public employee organizations, and, at least
16 annually, with a nationally recognized independent transit engineering
17 firm. Such report shall be made available to the members of the authori-
18 ty, to the members of the authority capital program review board, and,
19 for as long as its existence is continued, the directors of the munici-
20 pal assistance corporation for the city.
21 (c) The chair shall ensure that at every meeting of the board and at
22 every meeting of each committee the public shall be allotted a period of
23 time, not less than thirty minutes, to speak on any topic on the agenda.
24 5. Notwithstanding any inconsistent provisions of this or any other
25 law, general, special or local, no officer or employee of the state, or
26 of any public corporation as defined in the general corporation law,
27 shall be deemed to have forfeited or shall forfeit his or her office or
28 employment or any benefits provided under the retirement and social
29 security law or under any public retirement system maintained by the
30 state or any of its subdivisions by reason of his or her acceptance of
31 membership on or chairship of the authority; provided, however, a member
32 or chair who holds such other public office or employment shall receive
33 no additional compensation for services rendered pursuant to this title,
34 but shall be entitled to reimbursement for his or her actual and neces-
35 sary expenses incurred in the performance of such services.
36 6. The governor may remove any member for inefficiency, neglect of
37 duty or misconduct in office after giving him or her a written copy of
38 the charges against him or her and an opportunity to be heard, in person
39 or by counsel in his or her defense, upon not less than ten days'
40 notice. If any member shall be so removed, the governor shall file in
41 the office of the department of state a complete statement of charges
42 made against such member, and his or her findings thereon, together with
43 a complete record of the proceedings.
44 7. The authority shall continue so long as it or any of the MTA agen-
45 cies shall have bonds, notes or other obligations outstanding and until
46 its existence shall be terminated by law. Upon the termination of the
47 existence of the authority, all its rights and properties shall pass to
48 and be vested in the state.
49 8. The record of the proceedings of the MTA agencies or certified
50 copies thereof, shall be prima facie evidence of the proceedings of the
51 MTA agencies, in respect to matters concerning which such records or
52 minutes relate. Certified copies of such records or papers shall in like
53 manner constitute prima facie evidence.
54 § 1260-d. Purposes of the authority. 1. The purposes of the authority
55 shall be the continuance, further development and improvement of trans-
56 portation and other services related thereto within the metropolitan
S. 994 13 A. 1924
1 commuter transportation district, including but not limited to such
2 transportation by subway, rail, omnibus, marine and air, and bridges and
3 tunnels, in accordance with the provisions of this title. It shall be
4 the further purpose of the authority, whose board is the board of all of
5 the MTA agencies, to develop and implement a unified mass transportation
6 policy for such district.
7 2. It is hereby found and declared that such purposes are in all
8 respects for the benefit of the people of the state of New York and the
9 authority shall be regarded as performing an essential governmental
10 function in carrying out its purposes and in exercising the powers
11 granted by this title.
12 § 1260-e. General powers of the authority. Except as otherwise limited
13 by this title, the authority shall have power, which may be exercised
14 directly or by one or more of the other MTA agencies:
15 1. To sue and be sued;
16 2. To have a seal and alter the same at pleasure;
17 3. To borrow money for working capital or other capital or non-capital
18 purposes, including the provision of insurance, to issue negotiable
19 bonds, notes or other obligations and to provide for the rights of the
20 owners thereof, and to finance or refinance all or any part of the costs
21 to the MTA agencies or to any other person or entity, public or private,
22 of the planning, design, acquisition, construction, improvement, recon-
23 struction or rehabilitation of any transportation facility or MTA bridg-
24 es and tunnels project;
25 4. To invest any funds, accounts or other monies not required for
26 immediate use or disbursement, at the discretion of the MTA agencies, in
27 (a) obligations of the state or the United States government, (b) obli-
28 gations the principal and interest of which are guaranteed by the state
29 or the United States government, (c) certificates of deposit of banks or
30 trust companies in this state, secured, if the MTA agency shall so
31 require, by obligations of the United States or of the state of New York
32 of a market value equal at all times to the amount of the deposit, (d)
33 banker's acceptances with a maturity of ninety days or less which are
34 eligible for purchase by the federal reserve banks and whose rating at
35 the time of purchase is in the highest rating category of two nationally
36 recognized independent rating agencies, provided, however, that, with
37 respect to each MTA agency, the amount of banker's acceptances of any
38 one bank shall not exceed two hundred fifty million dollars, (e) obli-
39 gations of any bank or corporation created under the laws of either the
40 United States or any state of the United States maturing within two
41 hundred seventy days, provided that such obligations receive the highest
42 rating of two nationally recognized independent rating agencies and,
43 provided further, that, with respect to each MTA agency, no more than
44 two hundred fifty million dollars may be invested in such obligations of
45 any one bank or corporation, (f) as to any such monies held in reserve
46 and sinking funds, other securities in which the trustee or trustees of
47 any public retirement system or pension fund has the power to invest the
48 monies thereof pursuant to article four-a of the retirement and social
49 security law, each such reserve and sinking fund being treated as a
50 separate fund for the purposes of article four-a of the retirement and
51 social security law, (g) notes, bonds, debentures, mortgages and other
52 evidences of indebtedness, issued or guaranteed at the time of the
53 investment by the United States postal service, the federal national
54 mortgage association, the federal home loan mortgage corporation, the
55 student loan marketing association, the federal farm credit system, or
56 any other United States government sponsored agency, provided that at
S. 994 14 A. 1924
1 the time of the investment such agency or its obligations are rated and
2 the agency receives, or its obligations receive, the highest rating of
3 all independent rating agencies that rate such agency or its obli-
4 gations, provided, however, that, with respect to each MTA agency, no
5 more than two hundred fifty million dollars or such greater amount as
6 may be authorized for investment for the state comptroller by section
7 ninety-three of the state finance law may be invested in the obligations
8 of any one agency, (h) general obligation bonds and notes of any state
9 other than the state, provided that such bonds and notes receive the
10 highest rating of at least one independent rating agency, and bonds and
11 notes of any county, town, city, village, fire district or school
12 district of the state, provided that such bonds and notes receive either
13 of the two highest ratings of at least two independent rating agencies,
14 (i) mutual funds registered with the United States securities and
15 exchange commission whose investments are limited to obligations of the
16 state described in paragraph (a) of this subdivision, obligations the
17 principal and interest of which are guaranteed by the state described in
18 paragraph (b) of this subdivision, and those securities described in
19 paragraph (h) of this subdivision and that have received the highest
20 rating of at least one independent rating agency, provided that, with
21 respect to each MTA agency, the aggregate amount invested at any one
22 time in all such mutual funds shall not exceed ten million dollars, and,
23 provided further, that the MTA agency shall not invest such funds,
24 accounts or other monies in any mutual fund for longer than thirty
25 consecutive days, and (j) financial contracts in a foreign currency
26 entered into for the purpose of minimizing the foreign currency exchange
27 risk of the purchase price of a contract with a vendor chosen through
28 competitive process for the acquisition of capital assets for the bene-
29 fit of the capital program of any of the MTA agencies;
30 5. To make and alter by-laws for its organization and internal manage-
31 ment, and rules and regulations governing the exercise of its powers and
32 the fulfillment of its purposes under this title;
33 6. (a) To enter into contracts and leases and to execute all instru-
34 ments necessary, convenient or desirable in connection therewith; and
35 (b) With respect to any lease, sale-leaseback, lease-leaseback or
36 related transaction involving equipment, facilities or other real or
37 personal property of any of the MTA agencies, an MTA agency shall be
38 permitted to economically defease some or all of the MTA agency's real
39 and potential financial obligations under such transaction through the
40 purchase of securities or the entering into of payment undertaking,
41 letter of credit or other agreements or instruments designed to achieve
42 such economic defeasance which meet criteria set forth from time to time
43 by the board of the authority and, at the MTA agency's discretion, may
44 pledge such securities, agreements or instruments to secure the inter-
45 ests of other parties to the transaction;
46 7. To acquire, hold, use, and dispose of, real and personal property
47 for its corporate purposes;
48 8. To appoint such officers and employees as it may require for the
49 performance of its duties, and to fix and determine their qualifica-
50 tions, duties, and compensation and to retain or employ counsel, audi-
51 tors, engineers and private consultants on a contract basis or otherwise
52 for rendering professional or technical services and advice;
53 9. (a) Notwithstanding section one hundred thirteen of the retirement
54 and social security law or any other general or special law, the author-
55 ity may continue or provide to its affected officers and employees any
56 retirement, disability, death or other benefits provided or required for
S. 994 15 A. 1924
1 railroad personnel pursuant to federal or state law. Notwithstanding any
2 provisions of the civil service law, no officer or employee of a subsid-
3 iary corporation of the authority, other than a public benefit subsid-
4 iary corporation, shall be a public officer or a public employee;
5 (b) The authority may be a "participating employer" in the New York
6 state employees' retirement system with respect to one or more classes
7 of officers and employees, as may be provided by resolution of such
8 authority, or any subsequent amendment thereof, filed with the state
9 comptroller and accepted by him or her pursuant to section thirty-one of
10 the retirement and social security law. In taking any action pursuant to
11 this paragraph, the authority shall consider the coverages and benefits
12 continued or provided pursuant to paragraph (a) of this subdivision;
13 (c) Notwithstanding section one hundred thirteen of the retirement and
14 social security law or any other general or special law, the authority
15 may provide a supplemental pension plan for those officers and employees
16 of any MTA agency who transfer to another MTA agency and who do not have
17 the right pursuant to section forty-three of the retirement and social
18 security law to transfer their membership in the pension plan or retire-
19 ment system which covers their employment with their first MTA agency to
20 the pension plan or retirement system which covers their employment with
21 the second MTA agency;
22 10. To make plans, surveys, and studies necessary, convenient or
23 desirable to the effectuation of the purposes and powers of the MTA
24 agencies and to prepare recommendations in regard thereto;
25 11. To enter upon such lands, waters or premises as in the judgment of
26 the authority may be necessary, convenient or desirable for the purpose
27 of making surveys, soundings, borings and examinations to accomplish any
28 purpose authorized by this title, the authority being liable for actual
29 damage done;
30 12. The authority may conduct investigations and hearings in the
31 furtherance of its general purposes, and in aid thereof have access to
32 any books, records or papers relevant thereto; and if any person whose
33 testimony shall be required for the proper performance of the duties of
34 the authority shall fail or refuse to aid or assist the authority in the
35 conduct of any investigation or hearing, or to produce any relevant
36 books, records or other papers, the authority is authorized to apply for
37 process of subpoena, to issue out of any court of general original
38 jurisdiction whose process can reach such person, upon due cause shown;
39 13. A copy of any report submitted by the authority pursuant to
40 sections twenty-eight hundred, twenty-eight hundred one and twenty-eight
41 hundred two of this chapter shall be forwarded to the mayor and to the
42 chair of the board of supervisors and to the county executive, if any,
43 of each county within the district; and
44 14. To do all things necessary, convenient or desirable to carry out
45 its purposes and for the exercise of the powers granted in this title.
46 § 1260-f. Special powers of the authority. In order to effectuate the
47 purposes of this title:
48 1. The authority may acquire, by purchase, gift, grant, transfer,
49 contract or lease, any transportation facility, wholly or partially
50 within the district, or any part thereof, or the use thereof, and may
51 enter into any joint service arrangements as hereinafter provided. Any
52 such acquisition or joint service arrangement shall be authorized only
53 by resolution of the authority approved by not less than a majority vote
54 determined in accordance with paragraphs (a) and (b) of subdivision
55 three of section twelve hundred sixty-c of this title.
S. 994 16 A. 1924
1 2. The authority may on such terms and conditions as the authority may
2 determine necessary, convenient or desirable itself plan, design,
3 acquire, establish, construct, effectuate, operate, maintain, renovate,
4 improve, extend, rehabilitate or repair any transportation facility or
5 MTA bridges and tunnel project or may provide for such planning, design,
6 acquisition, establishment, construction, effectuation, operation, main-
7 tenance, renovation, improvement, extension, rehabilitation or repair by
8 contract, lease or other arrangement on such terms as the authority may
9 deem necessary, convenient or desirable with any person, including but
10 not limited to any common carrier or freight forwarder, the state, any
11 state agency, the federal government, any other state or agency or
12 instrumentality thereof, any public authority of this or any other
13 state, the port authority of New York and New Jersey or any political
14 subdivision or municipality of the state. In connection with the opera-
15 tion of any transportation facility or MTA bridges and tunnels project,
16 the authority may plan, design, acquire, establish, construct, effectu-
17 ate, operate, maintain, renovate, improve, extend or repair or may
18 provide by contract, lease or other arrangement for the planning,
19 design, acquisition, establishment, construction, effectuation, opera-
20 tion, maintenance, renovation, improvement, extension or repair of any
21 related services and activities it deems necessary, convenient or desir-
22 able, including but not limited to the transportation and storage of
23 freight and the United States mail, feeder and connecting transporta-
24 tion, parking areas, transportation centers, stations and related facil-
25 ities.
26 3. The authority may establish, levy and collect or cause to be estab-
27 lished, levied and collected and, in the case of a joint service
28 arrangement, join with others in the establishment, levy and collection
29 of such fares, tolls, rentals, rates, charges and other fees as it may
30 deem necessary, convenient or desirable for the use and operation of any
31 transportation facility and related services operated by MTA rail, or
32 under contract, lease or other arrangement, including joint service
33 arrangements, with the authority. Any such fares, tolls, rentals, rates,
34 charges or other fees for the transportation of passengers shall be
35 established and changed only if approved by resolution of the authority
36 adopted by not less than a majority vote determined in accordance with
37 paragraphs (a) and (b) of subdivision three of section twelve hundred
38 sixty-c of this title, and only after a public hearing, provided howev-
39 er, that fares, tolls, rentals, rates, charges or other fees for the
40 transportation of passengers on any transportation facility which are in
41 effect at the time that the then owner of such transportation facility
42 becomes a subsidiary corporation of an MTA agency or at the time that
43 operation of such transportation facility is commenced by the MTA agency
44 or is commenced under contract, lease or other arrangement, including
45 joint service arrangements, with the MTA agency may be continued in
46 effect without such a hearing. Such fares, tolls, rentals, rates, charg-
47 es and other fees shall be established as may in the judgment of the
48 authority be necessary to maintain the operations of the authority and
49 MTA rail on a self-sustaining basis. The said operations shall be deemed
50 to be on a self-sustaining basis as required by this title, when the
51 authority is able to pay or cause to be paid from revenue and any other
52 funds or property actually available to the authority and MTA rail (a)
53 as the same shall become due, the principal of and interest on the bonds
54 and notes and other obligations of the authority and MTA rail, together
55 with the maintenance of proper reserves therefor, (b) the cost and
56 expense of keeping the properties and assets of the authority and MTA
S. 994 17 A. 1924
1 rail in good condition and repair, and (c) the capital and operating
2 expenses of the authority and MTA rail. The authority may contract with
3 the owners of bonds, notes and other obligations with respect to the
4 exercise of the powers authorized by this section. No acts or activ-
5 ities taken or proposed to be taken by the MTA agencies pursuant to the
6 provisions of this subdivision shall be deemed to be "actions" for the
7 purposes or within the meaning of article eight of the environmental
8 conservation law.
9 4. In furtherance of the authority's mandate to develop and implement
10 a unified mass transportation policy for the district and the exercise
11 of its powers including the power to issue bonds, notes and other obli-
12 gations secured in whole or in part by the revenues of the MTA agencies,
13 the authority shall join with the other MTA agencies in connection with
14 any change in the establishment, levy and collection of fares, tolls,
15 rentals, rates, charges and other fees for the transportation of passen-
16 gers on any transportation facilities operated by the other MTA agen-
17 cies.
18 5. The authority may establish and, in the case of joint service
19 arrangements, join with others in the establishment of such schedules
20 and standards of operations and such other rules and regulations includ-
21 ing but not limited to rules and regulations governing the conduct and
22 safety of the public as it may deem necessary, convenient or desirable
23 for the use and operation of any transportation facility and related
24 services operated by the authority or under contract, lease or other
25 arrangement, including joint service arrangements, with the authority.
26 Such rules and regulations governing the conduct and safety of the
27 public shall be filed with the department of state in the manner
28 provided by section one hundred two of the executive law. In the case of
29 any conflict between any such rule or regulation of the authority
30 governing the conduct or safety of the public and any local law, ordi-
31 nance, rule or regulation, such rule or regulation of the authority
32 shall prevail. Violation of any such rule or regulation of the authority
33 governing the conduct or the safety of the public in or upon any facili-
34 ty of the authority shall constitute an offense and shall be punishable
35 by a fine not exceeding fifty dollars or imprisonment for not more than
36 thirty days or both.
37 6. (a) Each of the MTA agencies may acquire, hold, own, lease, estab-
38 lish, construct, effectuate, operate, maintain, renovate, improve,
39 extend or repair any transportation facility or MTA bridges and tunnels
40 project under its control or supervision through, and cause any one or
41 more of its powers, duties, functions or activities to be exercised or
42 performed by, one or more wholly owned subsidiary corporations and may
43 transfer to or from any such corporations any monies, real property or
44 other property for any of the purposes of this title upon such terms and
45 conditions as shall be agreed to and subject to such payment or repay-
46 ment obligations as are required by law or by any agreement to which any
47 of the affected entities is subject. The directors or members of each
48 such subsidiary corporation shall be the same persons holding the
49 offices of members of the authority. Each such subsidiary corporation of
50 each MTA agency and any of its property, functions and activities shall
51 have all of the privileges, immunities, tax exemptions and other
52 exemptions of the MTA agency creating such subsidiary and of the MTA
53 agency's property, functions and activities. Each such subsidiary corpo-
54 ration shall be subject to the restrictions and limitations to which the
55 MTA agency creating it may be subject, unless the legislature has
56 authorized additional powers. Each such subsidiary corporation shall be
S. 994 18 A. 1924
1 subject to suit in accordance with section twelve hundred sixty-three of
2 this title. The employees of any such subsidiary corporation, except
3 those who are also employees of the MTA agency creating the subsidiary,
4 shall not be deemed employees of such MTA agency.
5 (b) If any MTA agency shall determine that one or more of its subsid-
6 iary corporations should be in the form of a public benefit corporation,
7 it shall create each such public benefit corporation by executing and
8 filing with the secretary of state a certificate of incorporation, which
9 may be amended from time to time by filing, which shall set forth the
10 name of such public benefit subsidiary corporation, its duration, the
11 location of its principal office, and any or all of the purposes of
12 acquiring, owning, leasing, establishing, constructing, effectuating,
13 operating, maintaining, renovating, improving, extending or repairing
14 one or more transportation facilities. Each such public benefit subsid-
15 iary corporation shall be a body politic and corporate and shall have
16 all those powers vested in the MTA agency creating it by the provisions
17 of this title which the MTA agency shall determine to include in its
18 certificate of incorporation except the power to contract indebtedness,
19 provided, however, that each such subsidiary shall have the power to
20 contract indebtedness in connection with obtaining or securing insurance
21 liabilities for its own account or in conjunction with other MTA agen-
22 cies, including the power to make payments in connection with bonds and
23 notes issued pursuant to section twelve hundred sixty-two-d of this
24 title.
25 (c) Whenever any state, political subdivision, municipality, commis-
26 sion, agency, officer, department, board, division or person is author-
27 ized and empowered for any of the purposes of this title to co-operate
28 and enter into agreements with the MTA agency such state, political
29 subdivision, municipality, commission, agency, officer, department,
30 board, division or person shall have the same authorization and power
31 for any of such purposes to co-operate and enter into agreements with a
32 subsidiary corporation of the MTA agency.
33 7. Each of the MTA agencies, in its own name or in the name of the
34 state, may apply for and receive and accept grants of property, money
35 and services and other assistance offered or made available to it by any
36 person, government or agency, which it may use to meet capital or oper-
37 ating expenses and for any other use within the scope of its powers, and
38 to negotiate for the same upon such terms and conditions as the respec-
39 tive MTA agency may determine to be necessary, convenient or desirable.
40 8. Subject to the rights of the owners of any outstanding bonds, notes
41 or other obligations of the MTA agencies, and to facilitate the effi-
42 cient financial management of the MTA agencies, the authority may, and
43 may permit and direct any MTA agency to, transfer revenues, subsidies
44 and other monies or securities to one or more funds or accounts of
45 another MTA agency for use by such other MTA agency, either as a loan or
46 as a grant, provided that if at the time of such transfer it is reason-
47 ably anticipated that the monies and securities so transferred are a
48 loan that is expected to be reimbursed, repaid or otherwise provided
49 for, the MTA agency that borrowed the monies or securities shall repay
50 the loan by the end of the next succeeding calendar year following such
51 transfer.
52 9. (a) The authority may do all things it deems necessary, convenient
53 or desirable to manage, control and direct the maintenance and operation
54 of transportation facilities, equipment or real property operated by or
55 under contract, lease or other arrangement with the MTA agencies. Except
56 as hereinafter specially provided, no municipality or political subdivi-
S. 994 19 A. 1924
1 sion, including but not limited to a county, city, village, town or
2 school or other district shall have jurisdiction over any transportation
3 facilities of the MTA agencies, or any of their activities or oper-
4 ations. The local laws, resolutions, ordinances, rules and regulations
5 of a municipality or political subdivision, heretofore or hereafter
6 adopted, conflicting with this title or any rule or regulation of the
7 MTA agencies, shall not be applicable to the activities or operations of
8 the MTA agencies or the transportation facilities. Each municipality or
9 political subdivision, including but not limited to a county, city,
10 village, town or district in which any transportation facilities of the
11 MTA agencies are located shall provide for such facilities police, fire
12 and health protection services of the same character and to the same
13 extent as those provided for residents of such municipality or political
14 subdivision.
15 (b) The jurisdiction, supervision, powers and duties of the department
16 of transportation of the state under the transportation law shall not
17 extend to the authority in the exercise of any of its powers under this
18 title. The authority may agree with such department for the execution by
19 such department of any grade crossing elimination project or any grade
20 crossing separation reconstruction project along any railroad facility
21 operated by the MTA agencies or under contract, lease or other arrange-
22 ment with the authority. Any such project shall be executed as provided
23 in article ten of the transportation law and the railroad law, respec-
24 tively, and the costs of any such project shall be borne as provided in
25 such laws, except that the authority's share of such costs shall be
26 borne by the state.
27 10. Notwithstanding the provisions of any other law, general, special
28 or local, or of any agreement entered into in pursuance thereof, relat-
29 ing to the repayment of any loan or advance made by the state to any or
30 all of the MTA agencies, the MTA agencies shall not be required to repay
31 any such loan or advance heretofore made from or by reason of the issu-
32 ance of bonds or notes of either of them or from the proceeds realized
33 upon such issuance or from any other funds received by either of them
34 from any source whatever in aid or assistance of the project or projects
35 for the financing of which such bonds or notes are issued.
36 11. No project to be constructed upon real property theretofore used
37 for a transportation purpose, or on an insubstantial addition to such
38 property contiguous thereto, which will not change in a material respect
39 the general character of such prior transportation use, nor any acts or
40 activities in connection with such project, shall be subject to the
41 provisions of article eight, nineteen, twenty-four or twenty-five of the
42 environmental conservation law, or to any local law or ordinance adopted
43 pursuant to any such article. Nor shall any acts or activities taken or
44 proposed to be taken by the authority or by any other person or entity,
45 public or private, in connection with the planning, design, acquisition,
46 improvement, construction, reconstruction or rehabilitation of a trans-
47 portation facility, other than a marine or aviation facility, be subject
48 to the provisions of article eight of the environmental conservation
49 law, or to any local law or ordinance adopted pursuant to any such arti-
50 cle if such acts or activities require the preparation of a statement
51 under or pursuant to any federal law or regulation as to the environ-
52 mental impact thereof.
53 12. The authority may, upon suitable notice to and an offer to consult
54 with an officer designated by the city, occupy the streets of the city
55 for the purpose of doing any work over or under the same in connection
56 with the improvement, construction, reconstruction or rehabilitation of
S. 994 20 A. 1924
1 a transportation facility without the consent of or payment to such
2 city.
3 13. The authority shall place on each transformer and substation which
4 contains polychlorinated biphenyls (PCBs) a symbol so indicating the
5 presence of PCBs. Use of a PCB mark illustrated in the rules and regu-
6 lations promulgated pursuant to the federal Toxic Substances Control Act
7 shall constitute compliance with the provisions of this subdivision.
8 14. (a) Notwithstanding any other provisions of law or the terms of
9 any contract, the authority, in consultation with MTA subways, MTA bus
10 and MTA rail, shall establish and implement a no fare program for trans-
11 portation on MTA subways, MTA bus (within the limits of the city) and
12 MTA rail for individuals serving as personal care attendants accompany-
13 ing an Americans With Disabilities Act paratransit eligible individual.
14 (b) In order to be eligible for such no fare program the personal care
15 attendant must show his or her community based personal care attendant
16 agency issued identification card. In order to be considered accompany-
17 ing an Americans With Disabilities Act paratransit eligible individual
18 the personal care attendant shall have the same origin and destination
19 as such paratransit eligible individual.
20 15. Notwithstanding any other provision of law, the authority and MTA
21 rail shall establish and implement a half fare rate program for persons
22 with serious mental illness who are eligible to receive supplemental
23 security income benefits as defined pursuant to title sixteen of the
24 federal social security act and section two hundred nine of the social
25 services law.
26 16. Notwithstanding any conflicting provisions of general, special or
27 local law, and pursuant to the authority's two thousand--two thousand
28 four capital program plans approved by the authority capital program
29 review board, the MTA agencies shall provide, from funds identified in
30 such approved two thousand--two thousand four capital program plans, up
31 to twelve million dollars for the financing of a bus and heavy duty
32 vehicles emission research and testing facility and related equipment
33 located in the state, whether within or outside of the transportation
34 district, which facility shall be operated by the department of environ-
35 mental conservation and shall be available for use on a non-exclusive
36 basis by the MTA agencies.
37 17. Notwithstanding any provision of this title, or any other
38 provision of law, general, special or local, each MTA agency may from
39 time to time transfer and pay over as a grant or a loan to the other MTA
40 agencies all or part of its surplus funds; and each MTA agency may
41 accept and use any monies transferred and paid over to it by the other
42 MTA agencies.
43 § 1260-g. MTA - subway and city bus projects within the city. 1.
44 Subject to the provisions of this section, the authority, acting alone
45 or through the MTA agencies, is hereby authorized (i) to plan, design,
46 acquire, construct, reconstruct, rehabilitate and improve facilities,
47 equipment, devices and appurtenances, and property or property rights
48 constituting or to constitute part of, or used or to be used in
49 connection with the operation of any subway or omnibus facility located
50 in the city now or hereafter owned or operated by MTA subways or MTA bus
51 (each of the foregoing activities and programs being referred to in this
52 section, respectively, as a "subway project" and a "city bus project"),
53 (ii) to finance the costs of a subway project and a city bus project by
54 the issuance of its bonds, notes or other obligations, (iii) upon the
55 completion of any subway project or city bus project or part thereof, to
56 cause the same to be transferred, leased or subleased to MTA subways or
S. 994 21 A. 1924
1 MTA bus, as the case may be, or its designated subsidiary or other
2 designee, with or without consideration as the board may determine. The
3 authority shall have no obligation to operate or, except as may other-
4 wise be provided in any lease to which it may be a party as hereinafter
5 provided, repair or maintain any subway project or city bus project or
6 part thereof subsequent to its completion nor shall it be liable, except
7 as may otherwise be provided in any lease to which it may be a party as
8 hereinafter provided, to the transferee, lessee or sublessee by reason
9 of any warranty, express or implied, in respect thereof. Warranties
10 furnished in connection with such subway project or city bus project
11 shall be assignable and assigned as directed by the authority, MTA
12 subways or MTA bus, as the case may be.
13 2. In connection with any subway project or city bus project, and in
14 order to effectuate the purposes of this section, the authority shall,
15 subject to the provisions of this section, have all of the powers
16 provided elsewhere in this title, and, in addition, the authority may:
17 (a) issue its bonds, notes or other obligations to finance all or any
18 part of the costs of the project;
19 (b) finance all or any part of the costs to the MTA agencies or to any
20 other person or entity, public or private, of such project through, or
21 accompanied by, a leasing of such project or any part thereof by such
22 person or entity to an MTA agency or through or accompanied by a sale by
23 an MTA agency to any such person or entity and leaseback to an MTA agen-
24 cy, in each case for subleasing to an MTA agency, its designated subsid-
25 iary or other designee with or without consideration, except that such
26 leasing or leaseback from such person or entity may be directly to an
27 MTA agency or its designated subsidiary or other designee;
28 (c) issue its bonds, notes or other obligations to defease the lien
29 of, refund or otherwise repay any outstanding bonds, notes or other
30 obligations of the MTA agencies which in the judgment of the authority
31 would otherwise delay, impede or prevent its financing a subway project
32 or a city bus project;
33 (d) accept from an MTA agency or its subsidiary or from the city,
34 acting by its mayor alone, a transfer of title to or the use, occupancy,
35 control or possession of any real or personal property (or any interest
36 therein) needed or useful for or in connection with any subway project
37 or city bus project;
38 (e) obtain security for the payment by an MTA agency or its subsidiary
39 of its bonds, notes or other obligations, including a pledge of all or
40 any part of any of their revenues, which pledge may contain covenants
41 with respect to the charging and fixing of fares, fees and rentals, the
42 use and disposition of such fares, fees, rentals and other revenues, and
43 the setting aside of reserves therefrom;
44 (f) with the consent of an MTA agency or its designated subsidiary,
45 use, with or without compensation, its agents, employees and facilities;
46 and
47 (g) apply for, accept, enter into contracts for, administer and
48 disburse any federal, state or local aid or assistance, subject to the
49 terms and conditions thereof, which may be available for any subway
50 project or city bus project.
51 3. All of the provisions of this title not inconsistent with the
52 provisions of this section shall be applicable with respect to any
53 bonds, notes or other obligations of the authority issued or entered
54 into to finance any subway project or city bus project, or to defease
55 the lien of, refund or otherwise repay outstanding bonds, notes or other
56 obligations of the authority, subject to the following conditions:
S. 994 22 A. 1924
1 (a) such bonds and notes shall be payable as to principal, redemption
2 premium, if any, and interest and such other obligations shall be paya-
3 ble, all in the manner more particularly provided by the authority in
4 the resolution under which the same shall be authorized to be issued;
5 (b) such lease obligations shall be special obligations limited to the
6 recovery of the leased property by the lessor and as to the payments of
7 sums of money coming due thereunder, to proceedings against the subles-
8 see under any underlying sublease or pursuant to any covenant, pledge or
9 assignment given to secure sums payable under such lease or underlying
10 sublease;
11 (c) notwithstanding and in addition to any provisions for the redemp-
12 tion of such bonds or notes which may be contained in any contract with
13 the owners thereof, the city may, upon furnishing sufficient funds
14 therefor, require the authority to redeem as a whole any issue of such
15 bonds or notes at the time or times and at the place or places and in
16 accordance with the terms upon which such bonds or notes are redeemable;
17 and
18 (d) neither the state nor any political subdivision within the
19 district, including the city, shall be liable on such bonds or notes,
20 and such bonds or notes shall not be a debt of the state, any political
21 subdivision in the district, including the city, and shall contain on
22 the face thereof a statement to such effect.
23 4. The authority shall not undertake any subway project or city bus
24 project unless MTA subways or MTA bus or the subsidiary for whose bene-
25 fit the project is to be undertaken, or both, shall pay or agree to pay,
26 in the form of a bond, note, lease, sublease or other contractual obli-
27 gation, in a manner and on terms and conditions satisfactory to the
28 authority, any portion of the costs to the authority of such project and
29 the financing thereof which is not paid to the authority from any feder-
30 al, state or local aid or assistance or which is not payable from any
31 other monies made available or payable to the authority by others for
32 such project.
33 5. Neither the provisions of section one hundred ninety-seven-c of the
34 New York city charter, relating to a uniform land use review procedure,
35 nor the provisions of any other local law of the city of like or similar
36 tenor or import shall apply (i) to the acquisition of any real property
37 (or any interest therein) for the purposes of any subway project or city
38 bus project by the city or by MTA subways or MTA bus; (ii) to the subse-
39 quent transfer of any real property (or interest therein) so acquired to
40 MTA subways or MTA bus for the purposes of any such project or to the
41 transfer to the MTA subways or MTA bus for such purposes of any real
42 property (or interest therein) then owned by the city or by MTA subways
43 or MTA bus; nor (iii) to the transfer to MTA subways or MTA bus for such
44 purposes of the right of use, occupancy, control or possession of any
45 real property (or interest therein), whether presently owned or hereaft-
46 er acquired by the city or by MTA subways or MTA bus; provided in each
47 such case, however, that if at the time of such proposed acquisition or
48 transfer the real property which is the subject of such acquisition or
49 transfer is not then being utilized for a subway, omnibus or transporta-
50 tion purpose or is not an insubstantial addition to such property
51 contiguous thereto: (a) the MTA agency proposing to acquire or receive
52 such property shall, unless a submission with respect to such property
53 has previously been made and approved as herein provided, submit to the
54 community board for the community district in which such property is
55 located, data with respect to the proposed use of such property and to
56 the design of any facility proposed to be constructed thereon; (b) such
S. 994 23 A. 1924
1 community board shall inform the city council, with copies to the city
2 planning commission of the city, of its views and recommendations with
3 respect thereto within forty-five days of such submission, and if the
4 community board shall fail to so inform the city council within such
5 period it shall be deemed to have recommended the proposal; and (c) the
6 city council shall, within the earlier of forty-five days after the
7 community board's recommendation, or forty-five days after the community
8 board's time to recommend has expired, approve or disapprove such acqui-
9 sition or transfer, and if the city council shall fail to act within
10 such forty-five day period, it shall be deemed to have approved the
11 same.
12 6. In its performance of any subway project or city bus project, the
13 authority shall not be deemed the agent or instrumentality of the city
14 or any other MTA agency notwithstanding the fact that title to any real
15 or personal property (or any interest therein) which is the subject of
16 or is a part of such project is held by or upon completion of such
17 project is to be transferred to such other entity.
18 7. The authority, in addition to the powers provided elsewhere in this
19 title, shall possess all of the powers, rights and privileges of MTA
20 subways and MTA bus and their designated subsidiaries in connection with
21 the undertaking by the authority of any subway project or city bus
22 project. The authority, upon suitable notice to and an offer to consult
23 with an officer designated by the city, may occupy the streets of the
24 city for the purpose of doing any work over or under the same in
25 connection with any subway or city bus project without the consent of or
26 payment to such city.
27 8. Except as the authority shall otherwise agree, after the transfer,
28 transfer back, lease or sublease to an MTA agency or its designee of any
29 subway project, city bus project or part thereof, actions for damages
30 for injuries to real or personal property or for the destruction there-
31 of, or for personal injuries or death, based upon the use, condition or
32 state of such project or part thereof may not be instituted against the
33 authority, which shall have no liability or responsibility to the trans-
34 feree, lessee or sublessee or to third parties therefor.
35 9. Except as the authority shall otherwise agree, title to any subway
36 project, city bus project or any part thereof or interest therein which
37 shall have been transferred, leased or subleased to an MTA agency, shall
38 remain in such transferee, lessee or sublessee any provision of the
39 former title nine of this article or of any lease or other agreement
40 entered into under the provisions of this article to the contrary
41 notwithstanding.
42 10. The providing of any subway project or city bus project shall not
43 relieve the city of its obligations under law and by lease to pay the
44 capital costs of MTA subway and MTA bus and their subsidiaries.
45 11. No subway or city bus project to be constructed or operated upon
46 real property theretofore used for a subway, omnibus or other transpor-
47 tation purpose, or on an insubstantial addition to such property contig-
48 uous thereto, which will not change in a material respect the general
49 character of such prior use, nor any acts or activities by the MTA agen-
50 cies or any state or local governmental entity in connection with such
51 project, shall be subject to the provisions of article eight, nineteen,
52 twenty-four or twenty-five of the environmental conservation law, or to
53 any local law or ordinance adopted pursuant to any such article. Nor
54 shall any subway, city bus or other transportation project or any acts
55 or activities in connection therewith taken by the MTA agencies or by
56 any other person or entity, public or private, pursuant to this section
S. 994 24 A. 1924
1 be subject to the provisions of article eight of the environmental
2 conservation law if such project, acts or activities require the prepa-
3 ration of a statement under or pursuant to any federal law or regulation
4 as to the environmental impact thereof.
5 12. The provisions of this section and of all agreements undertaken by
6 MTA agencies in accordance therewith shall in all respects be subject to
7 the rights of the owners of any outstanding bonds, notes and other obli-
8 gations of such MTA agency.
9 § 1260-h. Authority police force. 1. The authority is hereby author-
10 ized and empowered to provide and maintain an authority police depart-
11 ment and a uniformed authority police force. Each member of such
12 uniformed police force shall be a "police officer" for the purposes of
13 the criminal procedure law, with all of the powers of such police offi-
14 cers thereunder and subject to the same jurisdictional provisions on the
15 exercise of that power as set forth in such law. The geographical area
16 of employment of such police officers for the purposes of the criminal
17 procedure law shall embrace the metropolitan commuter transportation
18 district as defined in section twelve hundred sixty-b of this title.
19 Such department and force shall have the power, in and about any or all
20 of the facilities owned, occupied and/or operated by the MTA agencies,
21 as determined in the discretion of the authority, to enforce and prevent
22 violation of all laws and ordinances. Nothing in this section shall
23 confer upon the authority police force or upon their collective negoti-
24 ations representatives exclusive jurisdiction or claim over the exercise
25 of police power or security work on behalf of the MTA agencies. Nothing
26 herein shall limit the MTA agencies from continuing to rely on local
27 police for police services. However, traditional police functions previ-
28 ously performed by the Long Island rail road company and/or the Metro-
29 North commuter railroad company police force shall continue to be
30 performed by the authority police forces.
31 2. Initial appointments to such authority police force shall be all
32 incumbent police officers from Long Island rail road company and/or
33 Metro-North commuter railroad company at the time of such appointment.
34 The executive director of the authority, through the chief of police,
35 shall have the power and authority to appoint and employ such number of
36 police officers as he or she deems necessary to act as police officers
37 of the authority and to administer to the officers an oath or affirma-
38 tion faithfully to perform the duties of their respective positions or
39 offices. Unless, at the time of appointment, the person is a police
40 officer of Long Island rail road company or Metro-North commuter rail-
41 road company, only persons who have never been convicted of a felony and
42 are citizens of the United States shall be appointed police officers on
43 the authority police force. After the initial appointments are made,
44 selection of police officer candidates shall be made pursuant to an
45 examination process to be determined at the discretion of the authority
46 and candidates must receive a certificate attesting to satisfactory
47 completion of an approved municipal police basic training program, as
48 described in section two hundred nine-g of the general municipal law. No
49 person shall be eligible for appointment unless such person is not less
50 than twenty years of age as of the date of appointment nor more than
51 thirty-five years of age as of the date when the applicant takes the
52 written examination, provided, however, that time spent on military duty
53 or on terminal leave, not exceeding a total of six years, shall be
54 subtracted from the age of any applicant who has passed his or her thir-
55 ty-fifth birthday as provided in subdivision ten-a of section two
56 hundred forty-three of the military law. Upon appointments made by
S. 994 25 A. 1924
1 transferring an entire group of police officers into the authority
2 police force, thereby eliminating such other group of police officers,
3 the authority shall recognize any representative previously chosen by
4 the police officers for the purposes of collective negotiations consist-
5 ent with the bargaining units already established and shall also assume
6 and continue to observe any existing labor contracts covering these
7 police officers including such provisions which relate to the grievance
8 and disciplinary procedures and interest arbitration. Subsequent to the
9 establishment of the consolidated police force the authority and the
10 collective bargaining representatives shall be authorized to negotiate a
11 merger of the separate bargaining units.
12 3. The authority may appoint a chief and one or more deputy chiefs of
13 the authority police department who, in the discretion of the authority,
14 may be selected from the ranks of the authority police force, and assign
15 powers and duties to them and fix their compensation. The chief shall be
16 the head of such department. The deputy chief designated by the chief
17 shall possess all the powers and perform all the duties of the chief
18 during his or her absence or disability. The authority police force
19 shall consist of such divisions, supervisors and officers, including but
20 not limited to police officers, detectives, sergeants, lieutenants and
21 captains as designated by the authority. Notwithstanding any law or
22 provision to the contrary, the members of the uniformed authority police
23 force shall not acquire civil service status or become members of the
24 New York state and local employees' retirement system, except as set
25 forth in subdivision four of this section.
26 4. The authority shall provide for a twenty year retirement plan under
27 the same terms and conditions as provided by section three hundred
28 eighty-nine of the retirement and social security law as enacted by
29 chapter six hundred twenty-eight of the laws of nineteen hundred nine-
30 ty-one; except that:
31 (a) any benefit provided pursuant to such plan shall be subject to an
32 offset, as defined in this paragraph, for any tier II benefit payable
33 pursuant to the federal Railroad Retirement Act to or in the respect of
34 a member. The offset provided for by this paragraph shall be the amount
35 of the tier II benefit which would be payable to or in respect to such
36 member pursuant to the federal Railroad Retirement Act multiplied by a
37 fraction, the numerator of which is the member's years of credited
38 service covered by the federal Railroad Retirement Act rendered to, or
39 credited by, the authority or any subsidiary corporation of the authori-
40 ty, and the denominator of which is the member's total years of service
41 covered by the federal Railroad Retirement Act;
42 (b) references to Long Island rail road shall be to the authority;
43 (c) the transfer of funds described in subdivision f of section three
44 hundred eighty-nine of the retirement and social security law as enacted
45 by chapter six hundred twenty-eight of the laws of nineteen hundred
46 ninety-one shall include the Metro-North Commuter Railroad Company
47 Defined Contribution Pension Plan for Agreement Employees;
48 (d) the provisions of subdivision g of section three hundred eighty-
49 nine of the retirement and social security law as enacted by chapter six
50 hundred twenty-eight of the laws of nineteen hundred ninety-one to the
51 extent of requiring contributions for past service liability shall not
52 be applicable; and
53 (e) when a police officer transferred from the Long Island rail road
54 company police force to the authority police force reaches age sixty-two
55 the authority will offset the amount payable under this plan by the
56 amount of tier II benefit payable from the Railroad Retirement Board for
S. 994 26 A. 1924
1 a service age annuity or disability payable at the participants age
2 sixty-two.
3 5. The authority may, in its sole discretion, establish within the
4 authority's defined benefit program, a retirement program consistent
5 with the foregoing. If the authority has not so established such program
6 in its defined benefit program within one hundred eighty days after
7 enactment, then the authority shall elect to participate in article
8 fourteen-B of the retirement and social security law.
9 6. If the authority elects to participate in the New York state and
10 local employees' retirement system, such election to participate shall
11 be made by resolution filed with the state comptroller and accepted by
12 him or her pursuant to section thirty-one of the retirement and social
13 security law.
14 7. Nothing contained in this section shall be deemed to diminish,
15 suspend or abolish an existing benefit inured to a police officer,
16 transferred from the Long Island rail road company and/or Metro-North
17 commuter railroad company police force and subject to the provisions of
18 this section in and to the rights, privileges or status previously
19 earned within a pension or retirement system of which they were a member
20 immediately prior to the enactment of this section; and any such exist-
21 ing right, privilege or status shall survive the effect of any decisions
22 or determinations lawfully made in accordance with the provisions hereof
23 so long as such right, privilege or status is greater in benefit to that
24 which would be imposed or imputed to any subject officer as a result of
25 actions of the authority authorized in this section.
26 § 1260-i. Acquisition and disposition of real property. 1. Subject to
27 existing agreements, the authority may acquire, by condemnation pursuant
28 to the eminent domain procedure law any real property it may deem neces-
29 sary, convenient or desirable to effectuate its statutory purposes,
30 provided, however, that any such condemnation proceedings shall be
31 brought only in the supreme court and the compensation to be paid shall
32 be ascertained and determined by the court without a jury. Notwithstand-
33 ing the foregoing provisions of this subdivision, no real property may
34 be acquired by the authority by condemnation for purposes other than a
35 transportation facility unless the governing body of the city, village
36 or town in which such real property is located shall first consent to
37 such condemnation.
38 2. Nothing contained in this section shall be construed to prevent the
39 authority from bringing any proceedings to remove a cloud on title or
40 such other proceedings as it may, in its discretion, deem proper and
41 necessary or from acquiring any such property by negotiation or
42 purchase.
43 3. Where a person entitled to an award in the proceedings to acquire
44 any real property for any of the purposes of this title remains in
45 possession of such property after the time of the vesting of title in
46 the condemnor, the reasonable value of his or her use and occupancy of
47 such property subsequent to such time as fixed by agreement or by the
48 court in such proceedings or by any court of competent jurisdiction
49 shall be a lien against such award subject only to the liens of record
50 at the time of vesting of title in the condemnor.
51 4. Title to all property acquired under this title shall vest in the
52 authority or one of the MTA agencies as the authority directs.
53 5. The authority may, whenever it determines that it is in its inter-
54 ests or that of one or more of the MTA agencies, dispose of any real
55 property or property other than real property, which it determines is
56 not necessary, convenient or desirable for its purposes.
S. 994 27 A. 1924
1 6. The authority may, whenever it shall determine that it is in its
2 interests or the interests of one or more of the MTA agencies, rent,
3 lease, or grant easements or other rights in, any of its land or proper-
4 ty.
5 § 1260-j. Acquisition and disposition of real property by department
6 of transportation. If funds are made available by the authority for the
7 payment of the cost and expense of the acquisition thereof, the commis-
8 sioner of transportation of the state of New York, when requested by the
9 authority, may acquire such real property in the name of the state as
10 may be determined from time to time by the authority as being necessary,
11 convenient or desirable to effectuate the purposes of this title, may
12 remove the owner or occupant thereof where necessary and obtain
13 possession and, when requested by the authority, may dispose of any real
14 property so acquired, all according to the procedure provided in section
15 thirty of the highway law. The authority shall have the right to possess
16 and use for its corporate purposes all such real property so acquired.
17 Claims for the value of the property appropriated and for legal damages
18 caused by any such appropriation shall be adjusted and determined by
19 such commissioner with the approval of the authority or by the court of
20 claims as provided in section thirty of the highway law. When a claim
21 has been filed with the court of claims, the claimant shall cause a copy
22 of such claim to be served upon the authority and the authority shall
23 have the right to be represented and heard before such court. All awards
24 and judgments arising from such claims shall be paid out of monies of
25 the authority. No real property may be acquired pursuant to the
26 provisions of this section for purposes other than a transportation
27 facility unless the governing body of the city, village or town in which
28 such real property is located shall first consent to such acquisition.
29 § 1260-k. MTA - procurement. 1. (a) Except as otherwise provided in
30 this section, all purchase contracts for supplies, materials or equip-
31 ment involving an estimated expenditure in excess of fifteen thousand
32 dollars and all contracts for public work involving an estimated expend-
33 iture in excess of fifteen thousand dollars shall be awarded by the
34 authority to the lowest responsible bidder after obtaining sealed bids
35 in the manner hereinafter set forth. For purposes hereof, contracts for
36 public work shall not include contracts for personal, engineering and
37 architectural, professional services, or contracts where specifications
38 cannot be made sufficiently definite and certain to permit selection
39 based on price alone. The authority may reject all bids and obtain new
40 bids in the manner provided by this section when it is deemed in the
41 public interest to do so or, in cases where two or more responsible
42 bidders submit identical bids which are the lowest bids, award the
43 contract to any of such bidders or obtain new bids from such bidders.
44 Nothing in this section shall obligate the authority to seek new bids
45 after the rejection of bids or after cancellation of an invitation to
46 bid. Nothing in this section shall prohibit the evaluation of bids on
47 the basis of past performance, costs or savings including life cycle
48 costs of the item to be purchased, discounts, and inspection services so
49 long as the invitation to bid reasonably sets forth the criteria to be
50 used in evaluating such past performance, costs or savings. Life cycle
51 costs may include but shall not be limited to costs or savings associ-
52 ated with installation, energy use, maintenance, operation and salvage
53 or disposal.
54 (b) Section twenty-eight hundred seventy-nine of this chapter shall
55 apply to the authority's acquisition of goods or services of any kind,
56 in the actual or estimated amount in excess of fifteen thousand dollars,
S. 994 28 A. 1924
1 provided that a contract for personal services in the actual or esti-
2 mated amount of fifteen thousand dollars or less shall not require
3 approval by the board of the authority regardless of the length of the
4 period over which the services are rendered, and provided further that a
5 contract for personal services in the actual or estimated amount in
6 excess of fifteen thousand dollars shall require approval by the board
7 of the authority regardless of the length of the period over which the
8 services are rendered.
9 2. (a) Advertisement for bids, when required by this section, shall be
10 published at least once in a newspaper of general circulation in the
11 area served by the authority and in the procurement opportunities news-
12 letter published pursuant to article four-C of the economic development
13 law provided that, notwithstanding the provisions of article four-C of
14 the economic development law, a "procurement contract" shall mean any
15 written agreement entered into by the authority for the acquisition of
16 goods or services of any kind in the actual or estimated amount in
17 excess of fifteen thousand dollars, and an advertisement shall only be
18 required for a purchase contract for supplies, materials or equipment
19 when required by this section. Publication in a newspaper of general
20 circulation in the area served or in the procurement opportunities news-
21 letter shall not be required if bids for contracts for supplies, materi-
22 als or equipment are of a type regularly purchased by the authority and
23 are to be solicited from a list of potential suppliers, if such list is
24 or has been developed consistent with the provisions of subdivision six
25 of this section. Any such advertisement shall contain a statement of:
26 (i) the time and place where bids received pursuant to any notice
27 requesting sealed bids will be publicly opened and read; (ii) the name
28 of the contracting agency; (iii) the contract identification number;
29 (iv) a brief description of the public work, supplies, materials, or
30 equipment sought, the location where work is to be performed, goods are
31 to be delivered or services provided and the contract term; (v) the
32 address where bids or proposals are to be submitted; (vi) the date when
33 bids or proposals are due; (vii) a description of any eligibility or
34 qualification requirement or preference; (viii) a statement as to wheth-
35 er the contract requirements may be fulfilled by a subcontracting, joint
36 venture, or co-production arrangement; (ix) any other information deemed
37 useful to potential contractors; and (x) the name, address, and tele-
38 phone number of the person to be contacted for additional information.
39 At least fifteen business days shall elapse between the first publica-
40 tion of such advertisement or the solicitation of bids, as the case may
41 be, and the date of opening and reading of bids.
42 (b) The authority may designate any officer or employee to open the
43 bids at the time and place bids are to be opened and may designate an
44 officer to award the contract to the lowest responsible bidder. Such
45 designee shall make a record of all bids in such form and detail as the
46 authority shall prescribe. All bids received shall be publicly opened
47 and read at the time and place specified in the advertisement or at the
48 time of solicitation, or to which the opening and reading have been
49 adjourned by the authority. All bidders shall be notified of the time
50 and place of any such adjournment.
51 3. Notwithstanding any provision of this section, the authority may,
52 by resolution approved by a majority vote determined in accordance with
53 paragraphs (a) and (b) of subdivision three of section twelve hundred
54 sixty-c of this title, of its members declare that competitive bidding
55 is impractical or inappropriate and thereafter the authority may proceed
56 to award contracts without complying with the requirements of subdivi-
S. 994 29 A. 1924
1 sion one or two of this section. In each case where the authority
2 declares competitive bidding impractical or inappropriate, it shall
3 state the reason therefor in writing and summarize any negotiations that
4 have been conducted. Except for contracts awarded pursuant to paragraphs
5 (a), (b), (c) and (e) of this subdivision, the authority shall not award
6 any contract pursuant to this subdivision earlier than thirty days from
7 the date on which the authority declares that competitive bidding is
8 impractical or inappropriate. Circumstances where competitive bidding
9 may be declared impractical or inappropriate shall include:
10 (a) the existence of an emergency involving actual or potential danger
11 to life, safety or property requires immediate action or the procurement
12 is essential to efficient operation or the adequate provision of service
13 and as a consequence of unforeseen circumstance such procurement cannot
14 await competitive bidding.
15 (b) the item to be purchased is available only from a single responsi-
16 ble source, provided that if bids have not been solicited for such item
17 pursuant to subdivision one of this section within the preceding twelve
18 months public notice shall first be given pursuant to subdivision two of
19 this section.
20 (c) the authority receives no responsive bids or only a single respon-
21 sive bid in response to an invitation for competitive bids.
22 (d) the authority wishes to experiment with or test a product or tech-
23 nology or new source for such product or technology or evaluate the
24 service or reliability of such product or technology.
25 (e) the item is available through an existing contract between a
26 vendor and (i) another public authority, or (ii) Nassau county, or (iii)
27 the state, or (iv) the city, provided that in any case when under this
28 paragraph the authority determines that obtaining such item thereby
29 would be in the public interest and sets forth the reasons for such
30 determination. The authority shall accept sole responsibility for any
31 payment due the vendor as a result of the authority's order.
32 (f) the authority determines that it is in the public interest to
33 award contracts pursuant to a process for competitive requests for
34 proposals as hereinafter set forth. For purposes of this section, a
35 process for competitive requests for proposals shall mean a method of
36 soliciting proposals and awarding a contract on the basis of a formal
37 evaluation of the characteristics, such as quality, cost, delivery sche-
38 dule and financing of such proposals against stated selection criteria.
39 Public notice of the requests for proposals shall be given in the same
40 manner as provided in subdivision two of this section and shall include
41 the selection criteria. In the event the authority makes a material
42 change in the selection criteria from those previously stated in the
43 notice, it will inform all proposers of such change and permit proposers
44 to modify their proposals.
45 (i) The authority may award a contract pursuant to this paragraph only
46 after a resolution approved by a majority vote of its members determined
47 in accordance with paragraphs (a) and (b) of subdivision three of
48 section twelve hundred sixty-c of this title at a public meeting of the
49 authority with such resolution (A) disclosing the other proposers and
50 the substance of their proposals, (B) summarizing the negotiation proc-
51 ess including the opportunities, if any, available to proposers to pres-
52 ent and modify their proposals, and (C) setting forth the criteria upon
53 which the selection was made.
54 (ii) Nothing in this paragraph shall require or preclude (A) negoti-
55 ations with any proposers following the receipt of responses to the
56 request for proposals, or (B) the rejection of any or all proposals at
S. 994 30 A. 1924
1 any time. Upon the rejection of all proposals, the authority may solicit
2 new proposals or bids in any manner prescribed in this section.
3 (g) the authority issues a competitive request for proposals pursuant
4 to the procedures of paragraph (f) of this subdivision for the purchase
5 or rehabilitation of rail cars, subway cars or omnibuses. Any such
6 request may include among the stated selection criteria the performance
7 of all or a portion of the contract at sites within the state or the use
8 of goods produced or services provided within the state, provided howev-
9 er that in no event shall the authority award a contract to a manufac-
10 turer whose final offer, as expressed in unit cost is more than ten
11 percent higher than the unit cost of any qualified competing final
12 offer, if the sole basis for such award is that the higher priced offer
13 includes more favorable provision for the performance of the contract
14 within the state or the use of goods produced or services provided with-
15 in the state, and further provided that the authority's discretion to
16 award a contract to any manufacturer shall not be so limited if a basis
17 for such award, as determined by the authority, is superior financing,
18 delivery schedule, life cycle, reliability, or any other factor the
19 authority deems relevant to its operations.
20 (i) The authority may award a contract pursuant to this paragraph only
21 after a resolution approved by a majority vote of its members determined
22 in accordance with paragraphs (a) and (b) of subdivision three of
23 section twelve hundred sixty-c of this title at a public meeting of the
24 authority with such resolution (A) disclosing the other proposers and
25 the substance of their proposals, (B) summarizing the negotiation proc-
26 ess including the opportunities, if any, available to proposers to pres-
27 ent and modify their proposals, and (C) setting forth the criteria upon
28 which the selection was made.
29 (ii) Nothing in this paragraph shall require or preclude (A) negoti-
30 ations with any proposers following the receipt of responses to the
31 request for proposals, or (B) the rejection of any or all proposals at
32 any time. Upon the rejection of all proposals, the authority may solicit
33 new proposals or bids in any manner prescribed in this section.
34 4. Upon the adoption of a resolution by the authority stating, for
35 reasons of efficiency, economy, compatibility or maintenance reliabil-
36 ity, that there is a need for standardization, the authority may estab-
37 lish procedures whereby particular supplies, materials or equipment are
38 identified on a qualified products list. Such procedures shall provide
39 for products or vendors to be added to or deleted from such list and
40 shall include provisions for public advertisement of the manner in which
41 such lists are compiled. The authority shall review such list no less
42 than twice a year for the purpose of making such modifications.
43 Contracts for particular supplies, materials or equipment identified on
44 a qualified products list may be awarded by the authority to the lowest
45 responsible bidder after obtaining sealed bids in accordance with this
46 section or without competitive sealed bids in instances when the item is
47 available from only a single source, except that the authority may
48 dispense with advertising provided that it mails copies of the invita-
49 tion to bid to all vendors of the particular item on the qualified
50 products list.
51 5. (a) Notwithstanding that funds of the authority may be used there-
52 for, a contract for all or a portion of work involving the alteration,
53 expansion or rehabilitation of a passenger station may be awarded by the
54 authority, by negotiation without competitive bidding, to a private
55 entity or the designee of a private entity where the authority by a
56 majority vote of its members determined in accordance with paragraphs
S. 994 31 A. 1924
1 (a) and (b) of subdivision three of section twelve hundred sixty-c of
2 this title approves written findings that such award is expected to
3 permit the alteration, expansion or rehabilitation to be carried out in
4 the most efficient and cost effective manner, that such private entity
5 has agreed to pay at least one million dollars toward the cost of the
6 work, that such payment represents not less than fifty percent of the
7 total cost of the work, and that the authority has complied with the
8 procedures provided in paragraph (b) of this subdivision.
9 (b) Not less than fifteen days prior to the consideration by the board
10 of the authority of a contract to be let pursuant to this subdivision, a
11 notice shall be published in at least one newspaper of general circu-
12 lation. Such notice shall identify the parties to the proposed contract
13 and summarize its terms and conditions. Such notice shall also invite
14 written public comment concerning the proposed contract, including, to
15 the extent appropriate, the submission of alternatives for the authori-
16 ty's consideration. Such information shall be considered by the board of
17 the authority prior to the approval of any contract proposed to be
18 awarded pursuant to this subdivision.
19 6. The authority shall compile a list of potential sources of
20 supplies, materials or equipment regularly purchased. The authority
21 shall, by resolution, set forth the procedures it has established to
22 identify new sources and to notify such new sources of the opportunity
23 to bid for contracts for the purchase of supplies, materials or equip-
24 ment. Such procedures shall include, but not be limited to: (a) adver-
25 tising in trade journals; (b) cooperation with federal, state and local
26 agencies within its area of operations; (c) publication in the state
27 register quarterly; and (d) procedures established pursuant to this
28 subdivision.
29 7. The provisions of this section shall not supersede any other
30 provisions of law relative to purchases of products or devices manufac-
31 tured or provided by the blind or other severely handicapped persons, to
32 the invitation and acceptance of bids from small or minority business
33 enterprises or to the purchases of supplies, materials or equipment
34 through the office of general services. Except as may otherwise be
35 provided by law or as more restrictively defined in the official policy
36 or bid specifications of the authority, the term "small business" means
37 a small business or similar term, under federal regulations applicable
38 to projects of the authority which are federally assisted.
39 8. In his or her discretion, the chief executive officer of the
40 authority may delegate to any other officer of the authority the waiver
41 power conferred on him or her by paragraph (d) of subdivision five of
42 section twenty-eight hundred seventy-nine of this chapter.
43 9. The provisions of this section shall not apply to any procurement
44 made by any other public entity not otherwise required by law to award
45 contracts for such purchases to the lowest responsible bidder if such
46 purchases are made at the sole cost and expense of such entity.
47 § 1260-l. MTA agencies - cooperation and assistance of other agencies.
48 1. To avoid duplication of effort and in the interests of economy, an
49 MTA agency may make use of existing studies, surveys, plans, data and
50 other materials in the possession of any state agency or any munici-
51 pality or political subdivision of the state. Each such agency, munici-
52 pality or subdivision is hereby authorized to make the same available to
53 an MTA agency and otherwise to assist it in the performance of its func-
54 tions. At the request of an MTA agency, each such agency, municipality
55 or subdivision which is engaged in highway or other transportation
56 activities or in land use or development planning, or which is charged
S. 994 32 A. 1924
1 with the duty of providing or regulating any transportation facility or
2 any other public facility, is further authorized to provide such agency
3 with information regarding its plans and programs affecting the trans-
4 portation district so that the MTA agency may have available to it
5 current information with respect thereto. The officers and personnel of
6 such agencies, municipalities or subdivisions, and of any other govern-
7 ment or agency whatever, may serve at the request of the MTA agency upon
8 such advisory committees as the authority shall determine to create and
9 such officers and personnel may serve upon such committees without
10 forfeiture of office or employment and with no loss or diminution in the
11 compensation, status, rights and privileges which they otherwise enjoy.
12 2. An MTA agency shall, at the request of any state agency, munici-
13 pality or political subdivision of the state, engaged in highway or
14 other transportation activities or in land use or development planning,
15 provide said state agency, municipality or political subdivision with
16 all current and relevant information regarding its plans or programs, so
17 as to enable said agency, municipality or subdivision to properly effec-
18 tuate said activities or planning.
19 3. To the extent that the provisions of this title authorize an MTA
20 agency to enter into any agreement or arrangement with, or undertake any
21 other activity requiring the participation of any MTA agency in further-
22 ance of its purposes and powers, such entities are hereby authorized and
23 empowered to enter into and perform such contract or other arrangement
24 and to undertake such activities.
25 § 1261. Metropolitan transportation authority capital program review
26 board. 1. The existence of the metropolitan transportation authority
27 capital program review board created by chapter three hundred fourteen
28 of the laws of nineteen hundred eighty-one, as amended, is hereby
29 continued to exercise the powers, duties and prerogatives as hereinafter
30 provided in sections twelve hundred sixty-one-a and twelve hundred
31 sixty-one-b of this title.
32 2. The voting membership of the board shall consist of four persons
33 appointed by the governor of which one shall be upon the recommendation
34 of the temporary president of the senate, one upon the recommendation of
35 the speaker of the assembly and one upon the recommendation of the
36 mayor. Upon recommendation of the nominating party, the governor may
37 replace any member in accordance with the provision contained in this
38 section for the appointment of members. The governor shall designate one
39 of the members to serve as chair. Any determination of the board shall
40 be evidenced by a certification thereof executed by all the members.
41 Each member of the board shall be entitled to designate a representative
42 to attend meetings of the board in his or her place and to vote or
43 otherwise act on his or her behalf in his or her absence. Notice of such
44 designation shall be furnished in writing to the board by the designat-
45 ing member. A representative shall serve at the pleasure of the desig-
46 nating member during the member's term of office. A representative shall
47 not be authorized to delegate any of his or her duties or functions to
48 any other person.
49 3. The governor shall also appoint two non-voting members to the
50 authority capital program review board of which one shall be upon the
51 recommendation of the minority leader of the senate and one upon the
52 recommendation of the minority leader of the assembly. Each non-voting
53 member shall be entitled to designate a representative to attend meet-
54 ings of the board in his or her place.
S. 994 33 A. 1924
1 4. The members of the authority capital program review board and their
2 representatives shall be deemed employees within the meaning of such
3 term as provided for in section seventeen of the public officers law.
4 § 1261-a. Capital program plans; approvals; effect of disapproval. 1.
5 (a) Not later than sixty days after the effective date of this paragraph
6 the authority shall submit to the authority capital program review board
7 a capital program plan for the period ending on December thirty-first,
8 two thousand nine; and
9 (b) On or before October first, two thousand nine and every fifth year
10 thereafter, the authority shall submit to the authority capital program
11 review board a capital program plan for the five-year period commencing
12 January first of the following year.
13 Nothing in this subdivision shall affect the validity of any capital
14 program plan or any obligations of the MTA agencies or the authority
15 capital program review board related thereto approved by the authority
16 capital program review board prior to the effective date of this
17 section.
18 For each of the periods described above beginning with the effective-
19 ness of paragraph (a) of this subdivision, each plan shall contain a
20 section relating to the capital program for the subway facilities oper-
21 ated by MTA subways; another section shall contain the capital program
22 for the omnibus facilities operated by MTA bus; and another section
23 shall contain the capital program for the commuter railroad facilities
24 operated by MTA rail. The authority may add an additional section or
25 sections to the plan relating to projects that are common to any one or
26 more of the systems, such as security projects or network expansion.
27 Each plan shall set system-wide goals and objectives for capital
28 spending, establish standards for service and operations, and describe
29 each capital element proposed to be initiated in each of the years
30 covered by the plan and explain how each proposed element supports the
31 achievement of the service and operational standards established in the
32 plan. Each plan shall also set forth an estimate of the amount of capi-
33 tal funding required each year and the expected sources of such funding.
34 Each plan subsequent to the first such plan and each proposed amendment
35 or modification thereof shall also describe the current status of each
36 capital element included in the previously approved plan, if any. Each
37 plan shall be accompanied or supplemented by such supporting materials
38 as the metropolitan transportation authority capital program review
39 board shall require.
40 A capital element shall mean either a category of expenditure itemized
41 in a plan, as provided in this section, for which a specified maximum
42 dollar amount is proposed to be expended, or a particularly described
43 capital project within one or more categories for which no maximum
44 expenditure is proposed, but for which an estimate of expected cost is
45 provided. A capital element shall be deemed to have been initiated for
46 purposes of this section if in connection with such element the authori-
47 ty shall certify that (i) purchase or construction contracts have been
48 entered into, obligating in the aggregate an amount exceeding ten
49 percent of the maximum or estimated cost of the element as set forth in
50 a plan, (ii) financing specific to the project has been undertaken, or
51 (iii) in a case where such element is limited to design or engineering,
52 a contract therefor has been entered into.
53 2. Each plan shall itemize the capital elements included in each
54 section of the plan under the following categories of expenditure, if
55 applicable: (a) rolling stock or buses; (b) passenger stations; (c)
56 track; (d) line equipment; (e) line structures; (f) signals and communi-
S. 994 34 A. 1924
1 cations; (g) power equipment, emergency power equipment and substations;
2 (h) shops, yards, maintenance facilities, depots and terminals; (i)
3 service vehicles; (j) security systems; (k) electrification extensions;
4 and (l) unspecified, miscellaneous and emergency.
5 3. (a) A plan may only be approved in two ways: (i) by written notice
6 of the approval by unanimous vote of the members of the authority capi-
7 tal program review board within ninety days following the submission of
8 a plan; or (ii) if the plan is not approved by the board within such
9 ninety day period and no individual member of the board has notified the
10 authority in writing of his or her disapproval within such period, the
11 plan shall be deemed to have been approved. Notwithstanding the forego-
12 ing, however, in the case of a plan submitted during the period
13 described in paragraph (a) of subdivision one of this section, the plan
14 may only be approved (i) by written notice of the approval by unanimous
15 vote of the members of the authority capital program review board within
16 the earlier of (A) ninety days following the effective date of this
17 subdivision, or (B) December thirty-first, two thousand three, or (ii)
18 if the plan is not approved by the board within such ninety day period
19 or by December thirty-first, two thousand three, as the case may be, and
20 no individual member of the board has notified the authority in writing
21 of his or her disapproval within such period, the plan shall be deemed
22 to have been approved.
23 (b) If the plan is not approved, the authority may thereafter reformu-
24 late and resubmit such plan at any time. Within thirty days of the
25 submission of such reformulated plan the authority capital program
26 review board may notify the authority of its approval of the same by the
27 unanimous vote of the members entitled to vote thereon, or, if the
28 reformulated plan is not approved and no individual member of the board
29 who is entitled to vote on such reformulated plan has notified the
30 authority in writing of his or her disapproval within such period, the
31 reformulated plan shall be deemed to have been approved.
32 4. No general obligation bonds or notes of the authority, no special
33 obligation bonds or notes of the authority to finance a subway or city
34 bus project, as such terms are defined in section twelve hundred sixty-g
35 of this title, and no bonds or notes of MTA bridges and tunnels to
36 finance a project pursuant to the authorization contained in paragraph
37 (l) of subdivision eight of section twelve hundred sixty-five-a of this
38 title shall be issued to finance the costs of a capital element relating
39 to a subway or city bus project unless such capital element and such
40 source of funding was set forth in a plan submitted to and approved by
41 the metropolitan transportation authority capital program review board.
42 5. The disapproval of a plan by the authority capital program review
43 board shall not affect: (a) the right of the MTA agencies to initiate
44 and complete any capital element which will be financed otherwise than
45 through the issuance of the bonds or notes the issuance of which is
46 prohibited under subdivision four of this section; (b) the right of the
47 authority or MTA bridges and tunnels to issue bonds or notes to finance
48 a capital element which was initiated prior to such disapproval in
49 conformity with a previously approved plan; (c) the right of MTA subways
50 and MTA bus to enter into their leases, subleases or other contractual
51 obligations in payment for a subway project or bus project initiated
52 prior to such disapproval in conformity with a previously approved plan;
53 (d) the right of the authority or of MTA bridges and tunnels to issue
54 bonds or notes to refund or otherwise repay any of its outstanding bonds
55 or notes or to fulfill any of their obligations to the owners of any of
56 their outstanding bonds or notes; or (e) the right of MTA subways and
S. 994 35 A. 1924
1 MTA bus to enter into their leases, subleases or other contractual obli-
2 gations to refund or otherwise repay any of their outstanding bonds or
3 notes or to fulfill any of their obligations to the owners of any of its
4 outstanding bonds or notes.
5 6. Notwithstanding the provisions of subdivision four of this section,
6 if a source of funding described in an approved plan shall be unavail-
7 able or be available in a lesser amount than that set forth in such
8 plan, the authority and MTA bridges and tunnels may issue bonds or notes
9 as necessary to provide the requisite funding for the capital elements
10 included in the plan to the extent that the aggregate amount of such
11 bonds or notes to be issued in substitution for such unavailable amounts
12 shall not exceed the greater of fifty million dollars or twenty percent
13 of the total amount described in such plan for either the substitute
14 funding source or the funding source being substituted for, subject to
15 the limitations set forth in subdivision eleven of section twelve
16 hundred sixty-two-h of this title.
17 7. (a) The authority may from time to time submit to the metropolitan
18 transportation authority capital program review board amendments or
19 modifications to any plan theretofore submitted, and shall submit such
20 an amendment or modification (i) if the estimated cost of any capital
21 element for which a specified dollar amount was proposed to be expended
22 exceeds the amount set forth in the approved plan for such element by
23 more than ten percent, (ii) if with respect to a particularly described
24 capital element for which only an estimate of projected cost has been
25 provided in the plan there is a material change in the description of
26 such element from that contained in the approved plan, (iii) if a capi-
27 tal element not previously included in the approved plan is proposed to
28 be undertaken and its cost, together with the cost of other elements
29 included in category (l) of the plan, exceeds by ten percent the amount
30 provided for such category (l) elements, (iv) if the authority shall
31 propose to change by more than one year the time when any capital
32 element is proposed to be initiated or the effect of such change will be
33 to increase the estimated amount of capital funding required in any year
34 covered by the plan by more than twenty percent, or (v) if the avail-
35 ability of funding sources changes to the degree to which the authority
36 or MTA bridges and tunnels are precluded from exercising the authori-
37 zation provided in subdivision six of this section and the authority
38 wishes to do so.
39 (b) An amendment or modification may only be approved in two ways: (i)
40 an amendment or modification shall only be approved by the board by a
41 unanimous vote of the members entitled to vote thereon and within thirty
42 days of the submission of an amendment or modification the metropolitan
43 transportation authority capital program review board may notify the
44 authority of its approval of the same; or (ii) if the amendment or
45 modification is not approved by the board within such thirty day period
46 and no individual member of the board who is entitled to vote thereon,
47 has notified the authority in writing of his or her disapproval within
48 such period, the amendment or modification shall be deemed to have been
49 approved.
50 8. (a) In formulating its capital program plans, the authority shall
51 give consideration to the physical condition and urgency of need of each
52 of the several transportation facilities involved, to the needs of all
53 of the communities and areas serviced by these facilities, to the extent
54 to which other capital aid or assistance may be available to each of
55 these facilities, and to the safety, comfort and convenience of its
56 passengers. In determining the source or method of funding which the
S. 994 36 A. 1924
1 authority is to use to finance the cost of the capital elements included
2 in its capital program plans, the authority shall, insofar as practica-
3 ble, give consideration, among other things, to:
4 (i) the potential impact of each such source or method upon the level
5 of passenger fares,
6 (ii) the relative cost of the several funding alternatives, and
7 (iii) the relative ability of each source or method to provide funding
8 at times and in amounts estimated to be required by the capital program
9 plan.
10 (b) To the extent funding is proposed to be obtained through the issu-
11 ance and sale of bonds or notes, the authority shall, insofar as practi-
12 cable and consistent with the matters set forth in subparagraphs (i),
13 (ii) and (iii) of paragraph (a) of this subdivision, give preference to
14 the use of funds appropriated or to be appropriated to the authority by
15 virtue of service contracts with the director of the budget of the state
16 entered into pursuant to the provisions of the transportation systems
17 assistance and financing act of nineteen hundred eighty-one for purposes
18 of paying the annual cost of debt service for such bonds or notes.
19 9. Prior to the (a) adoption by the authority of its general resol-
20 ution pursuant to which it is to issue any general or special obligation
21 bonds or notes, (b) adoption by MTA bridges and tunnels of its general
22 resolution pursuant to which it is to issue any general or special obli-
23 gation bonds or notes to finance a project pursuant to the authorization
24 contained in paragraph (1) of subdivision eight of section twelve
25 hundred sixty-five-a of this title, and (c) adoption of any amendment to
26 a general resolution specified in either paragraph (a) or (b) of this
27 subdivision, not including a series resolution or resolutions, the
28 authority or MTA bridges and tunnels, as the case may be, shall submit a
29 copy of such resolution or amendment to the authority capital program
30 review board. Within fifteen days of such submission, the board may
31 notify the authority or MTA bridges and tunnels, as the case may be, of
32 its unanimous approval of the same by the members entitled to vote ther-
33 eon, or if the resolution or amendment is not approved and no individual
34 member of the board who is entitled to vote on such resolution or amend-
35 ment has notified the authority in writing of his or her disapproval,
36 the resolution or amendment shall be deemed to have been approved.
37 Neither the board nor any member thereof shall disapprove a proposed
38 resolution or amendment by reason of any covenant requiring the MTA
39 agencies to charge and fix fares, fees and rentals sufficient to pay its
40 operating expenses and the debt service, including the funding of requi-
41 site reserves, on the bonds and notes authorized by such resolution or
42 amendment. If the board or any member thereof entitled to vote thereon
43 shall disapprove a proposed resolution or amendment, the authority or
44 MTA bridges and tunnels, as the case may be, may, at any time, resubmit
45 a reformulated resolution or amendment. Within ten days of the
46 submission of such reformulated resolution or amendment, the board may
47 notify the authority or MTA bridges and tunnels, as the case may be, of
48 its unanimous approval of the same by the members entitled to vote ther-
49 eon, or, if the reformulated resolution or amendment is not approved and
50 no individual member of the board who is entitled to vote thereon has
51 notified the authority or MTA bridges and tunnels, as the case may be,
52 in writing of his or her disapproval within such period, the reformu-
53 lated resolution or amendment shall have been deemed to have been
54 approved. Any individual member of the board who votes against a resol-
55 ution or amendment or a reformulated resolution or amendment or who
56 notifies the authority or MTA bridges and tunnels of his or her disap-
S. 994 37 A. 1924
1 proval shall state his or her reasons therefor. Neither the authority
2 nor MTA bridges and tunnels shall adopt a resolution or amendment disap-
3 proved by the board as provided in this subdivision.
4 § 1261-b. Metropolitan transportation authority capital program review
5 board; additional powers and duties. 1. The authority capital program
6 review board, consisting of voting and non-voting members shall:
7 (a) monitor the progress of the capital elements described in each
8 plan approved as provided in section twelve hundred sixty-one-a of this
9 title;
10 (b) monitor the expenditures incurred and to be incurred for each such
11 element;
12 (c) identify capital elements not progressing on schedule;
13 (d) ascertain responsibility therefor; and
14 (e) recommend those actions required or appropriate to accelerate
15 their implementation. The authority shall consult with the board upon
16 its request and provide it with access to the records of the authority
17 relating to such capital elements.
18 2. The authority shall submit to the review board within sixty days
19 after the end of each calendar year:
20 (a) the actual commitments for the capital plan for the previous
21 calendar year compared to planned commitments by capital elements;
22 (b) expenditures by funding source for each capital element in the
23 previous calendar year; and
24 (c) the proposed funding of capital elements in a plan for the current
25 calendar year by funding source. Such submission shall be certified by
26 the chair of the authority and shall be entered into the permanent
27 record of the minutes of the review board.
28 § 1262. Metropolitan transportation authority dedicated tax fund. 1.
29 The authority shall establish a fund to be known as the "metropolitan
30 transportation authority dedicated tax fund" which shall be kept sepa-
31 rate from and shall not be commingled with any other monies of the
32 authority. The fund shall consist of a "pledged amounts account" and an
33 "operating and capital costs account" and such other accounts and subac-
34 counts as the authority may determine.
35 2. There shall be deposited, pursuant to appropriation, into the fund
36 the monies deposited in the dedicated mass transportation trust fund for
37 payment to the metropolitan transportation authority dedicated tax fund
38 pursuant to the provisions of subdivision (d) of section three hundred
39 one-j of the tax law, and any other monies collected for or transferred
40 to such fund pursuant to section eighty-eight-a of the state finance law
41 and any other provision of law directing or permitting the deposit of
42 monies in such fund.
43 3. Monies in the fund may be (a) pledged by the authority to secure
44 and be applied to the payment of its bonds, notes or other obligations
45 specified by the authority and issued to finance (i) subway projects
46 undertaken for MTA subways and its subsidiaries, (ii) bus projects
47 undertaken for MTA bus and its subsidiaries, and (iii) transportation
48 facilities undertaken for MTA rail and its subsidiaries and (b) used for
49 payment of operating costs, and capital costs, including debt service,
50 reserve requirements, if any, the payment of amounts required under bond
51 and note facilities or agreements related thereto, the payment of feder-
52 al government loans, security or credit arrangements or other agreements
53 related thereto, and the payment of all costs related to such obli-
54 gations, of or for the MTA agencies as the authority shall determine. To
55 the extent monies in the fund have been pledged by the authority to
56 secure and pay its bonds, notes or other obligations as provided in this
S. 994 38 A. 1924
1 subdivision, monies deposited into the fund shall first be deposited
2 into the pledged amounts account to the extent necessary to satisfy the
3 requirements of any debt service or reserve requirements, if any, of the
4 resolution authorizing such bonds, notes or other obligations. After
5 satisfaction of such requirements of the resolution, or if the authority
6 has not so pledged the monies in the fund, monies deposited in the fund
7 shall be directly deposited into the operating and capital costs account
8 and, subject to the provisions of any resolutions of the authority not
9 secured by the pledged amounts account, transferred forthwith to or for
10 the benefit of the MTA agencies as the authority shall determine.
11 Within thirty days after the end of each calendar year, the authority
12 shall certify to the director of the budget, the chairperson of the
13 senate finance committee and the chairperson of the assembly ways and
14 means committee, the amount of money deposited in the fund pursuant to
15 appropriation from monies deposited in the dedicated mass transportation
16 trust fund for payment to the metropolitan transportation authority
17 dedicated tax fund pursuant to subdivision (d) of section three hundred
18 one-j of the tax law and section eighty-eight-a of the state finance
19 law, the amounts expended from the pledged amounts account for the bene-
20 fit of MTA subways, MTA bus and MTA rail and specifying in each case the
21 appropriation or appropriations which was the source of such amounts.
22 4. Any money deposited in the fund shall be held in the fund free and
23 clear of any claim by any person arising out of or in connection with
24 article thirteen-A of the tax law. Without limiting the generality of
25 the foregoing and without limiting the rights and duties of the commis-
26 sioner of taxation and finance under article thirteen-A of the tax law,
27 no petroleum business, as defined in section three hundred of the tax
28 law, or any other person, including the state, shall have any right or
29 claim against the authority, any of its bond owners or the MTA agencies
30 to any monies in or distributed from the fund or in respect of a refund,
31 rebate, credit or reimbursement of taxes paid under article thirteen-A
32 of the tax law.
33 § 1262-a. Metropolitan transportation authority special assistance
34 fund. 1. The authority shall create and establish a fund to be known as
35 the "metropolitan transportation authority special assistance fund"
36 which shall be kept separate from and shall not be commingled with any
37 other monies of the authority. The special assistance fund shall consist
38 of two separate accounts: (a) the "headquarters account" and (b) the
39 "corporate transportation account".
40 The authority shall make deposits in the headquarters account of the
41 monies received by it pursuant to the provisions of subdivision one of
42 section two hundred sixty-one of the tax law in accordance with the
43 provisions thereof, and shall make deposits in the corporate transporta-
44 tion account of the monies received by it pursuant to the provisions of
45 subdivision two of section two hundred sixty-one of the tax law.
46 2. Monies in the headquarters account shall, at the direction of the
47 board of the authority, be (a) deposited into one or more funds or
48 accounts and used as contemplated by section twelve hundred sixty-two-i
49 of this title or (b) used for the payment of operating and capital costs
50 of the MTA agencies as the authority shall determine.
51 3. (a) Monies in the corporate transportation account shall first be
52 used for payments to the metropolitan transportation authority Dutchess,
53 Orange and Rockland fund established by section twelve hundred sixty-
54 two-b of this title. The remaining monies in the corporate transporta-
55 tion account may be deposited into the headquarters account or one or
56 more funds or accounts and used as contemplated by section twelve
S. 994 39 A. 1924
1 hundred sixty-two-i of this title. Subject to the provisions of section
2 twelve hundred sixty-two-i of this title, any excess monies in the
3 corporate transportation account may be used for the payment of operat-
4 ing and capital costs of the MTA agencies as the authority shall deter-
5 mine.
6 (b) In each year, the authority shall transfer in four equal quarterly
7 amounts from the corporate transportation account to the metropolitan
8 transportation authority Dutchess, Orange and Rockland fund created by
9 section twelve hundred sixty-two-b of this title the following amounts:
10 to the Dutchess account of such fund the sum of one million five hundred
11 thousand dollars; to the Orange account of such fund the sum of one
12 million five hundred thousand dollars; and to the Rockland account of
13 such fund the sum of two million dollars.
14 (c) In addition to the amounts set forth in paragraph (b) of this
15 subdivision, the authority shall transfer from the corporate transporta-
16 tion account to the Dutchess account, the Orange account and the Rock-
17 land account, respectively, an amount equal to the percent by which such
18 county's payments to the authority in the preceding calendar year pursu-
19 ant to the provisions of subdivisions one and two of section two hundred
20 sixty-one of the tax law increased over such payments in nineteen
21 hundred eighty-nine times one million five hundred thousand dollars for
22 Dutchess county, one million five hundred thousand dollars for Orange
23 county and two million dollars for Rockland county; provided, however,
24 that in no event shall such amount reduce the amount that each county
25 would receive pursuant to paragraph (b) of this subdivision be reduced
26 by operation of this paragraph, and provided further, however, for
27 purposes of calculating the percent by which such county's payments to
28 the authority in the preceding calendar year pursuant to the provisions
29 of subdivisions one and two of section two hundred sixty-one of the tax
30 law increased over such payments in nineteen hundred eighty-nine, there
31 shall be excluded the amount by which the payments in each such year
32 increased as a result of the recording tax imposed pursuant to the
33 provisions of subdivision two of section two hundred sixty-one of the
34 tax law being in excess of twenty-five cents for each one hundred
35 dollars.
36 § 1262-b. Metropolitan transportation authority Dutchess, Orange and
37 Rockland fund. 1. The authority shall create and establish a fund to be
38 known as the "metropolitan transportation authority Dutchess, Orange and
39 Rockland fund" which shall be kept separate from and shall not be
40 commingled with any other monies of the authority. The Dutchess, Orange
41 and Rockland fund shall consist of three separate accounts: (a) the
42 "Dutchess account"; (b) the "Orange account"; and (c) the "Rockland
43 account".
44 2. The metropolitan transportation authority Dutchess, Orange and
45 Rockland fund shall consist of monies transferred by the authority
46 pursuant to subdivision three of section twelve hundred sixty-two-a of
47 this title.
48 3. Monies in the Dutchess account, the Orange account, and the Rock-
49 land account shall on a quarterly basis be (a) paid to the counties of
50 Dutchess, Orange and Rockland, respectively, for the purposes of provid-
51 ing mass transportation operating assistance, including debt service on
52 bonds or notes issued for such purposes, or for providing the following
53 types of capital projects within such county: capacity and infrastruc-
54 ture improvements to state, county, town, city, village roads, highways,
55 parkways or bridges; or state, county, town, city, village mass trans-
56 portation projects; or (b) transferred to the suburban transportation
S. 994 40 A. 1924
1 fund pursuant to a resolution, which is irrevocable during the term of
2 any outstanding bonds or notes issued, adopted by the county legislature
3 of Dutchess county, the county legislature of Orange county or the coun-
4 ty legislature of Rockland county directing the authority to make all
5 such future transfers of funds from its respective account to the subur-
6 ban transportation fund.
7 § 1262-c. MTA and MTA agencies - agreement of the state relating to
8 bankruptcy and impairment of bondholders' rights and remedies. The state
9 does hereby pledge to and agree with the MTA agencies, and the owners of
10 any bonds, notes and other obligations, including lease obligations,
11 issued or incurred under this title, that the state will not limit or
12 alter the denial of authority under subdivision nine of section twelve
13 hundred sixty-two-h of this title, or the rights and powers vested in
14 the MTA agencies by this title to fulfill the terms of any agreements
15 made by any of them with the owners thereof, or in any way impair the
16 rights and remedies of such owners until such bonds, notes and other
17 obligations, including lease obligations, together with the interest
18 thereon, with interest on any unpaid installments of interest, and all
19 costs and expenses for which the MTA agencies are liable in connection
20 with any action or proceeding by or on behalf of such owners, are fully
21 met and discharged. The MTA agencies are each authorized to include this
22 pledge and agreement of the state in any agreement with the owners of
23 such bonds, notes or other obligations, including lease obligations.
24 § 1262-d. MTA - excess loss fund. 1. Subject to the provisions of this
25 section, the authority is authorized to issue bonds and notes, in
26 accordance with section twelve hundred sixty-two-h of this title, in
27 such principal amounts not in excess of the two hundred twenty-five
28 million dollar limitation established in subdivision four of this
29 section as, in the opinion of the authority, shall be necessary to
30 provide sufficient funds to meet the capital and reserve requirements of
31 a trust, pooling arrangement or other entity established for the purpose
32 of providing reimbursement and funding to the MTA agencies, including
33 any such trust or pooling arrangement established by a subsidiary of the
34 MTA agencies to provide insurance to the MTA agencies, for excess or
35 extraordinary losses for damages to real or personal property or for the
36 destruction thereof or for personal injuries or death and for certain
37 property damage losses which may be incurred or sustained by any of them
38 in connection with the use and operation of their respective facilities
39 and in the conduct of their respective activities (the trust, pooling
40 arrangement or other entity established in order to provide such bene-
41 fits to such participants, including any such trust or pooling arrange-
42 ment established by a subsidiary of the MTA agencies, being referred to
43 in this section as the "excess loss fund"). Prior to the issuance of any
44 bonds or notes, other than refunding bonds or notes, authorized by this
45 section, the authority shall make a finding that such issue is expected
46 to result, on a present value basis, in a lower effective cost to the
47 participating MTA agencies than funding the requirements of the excess
48 loss fund solely through the payment of premiums and assessments by such
49 participating MTA agencies, or is otherwise economically advantageous.
50 2. In order to effectuate the purposes of the excess loss fund, the
51 authority shall, subject to the provisions of this section, have all the
52 powers provided elsewhere in this title and may:
53 (a) accept the notes, bonds and other contractual obligations of the
54 excess loss fund for funds provided to it by the authority;
55 (b) obtain security for the payment by the excess loss fund of its
56 notes, bonds and other contractual obligations issued to the authority,
S. 994 41 A. 1924
1 including a pledge of all or any part of the assets and revenues of the
2 excess loss fund, including its receipts and rights to receive premiums,
3 assessments, reimbursements and other payments from the participants in
4 the excess loss fund, which pledge may contain covenants with respect to
5 the charging and fixing by actuarial estimates, where appropriate, of
6 premiums, assessments, reimbursements and other payments and the use and
7 disposition thereof; and
8 (c) enter into contracts with the excess loss fund and with the
9 participants therein, on such terms and conditions as the parties may
10 agree, with respect to the payment of premiums, assessments, reimburse-
11 ments and other payments to the excess loss fund and the nature and
12 extent of the benefits to be paid by the excess loss fund to such
13 participants.
14 3. The bonds and notes of the authority authorized by this section
15 shall not constitute general obligations of the authority, but shall be
16 special obligations of the authority payable as to principal, redemption
17 premium, if any, and interest solely from the security, sources of
18 payment and funds either obtained from or on behalf of the excess loss
19 fund, including premiums paid by the MTA agencies, as insureds, or from
20 other payments made by the MTA agencies, all in the manner more partic-
21 ularly provided by the authority in the resolution under which such
22 bonds and notes shall be authorized to be issued.
23 4. The aggregate principal amount of bonds and notes issued for the
24 purposes enumerated in subdivision one of this section shall not exceed
25 two hundred twenty-five million dollars, excluding: (a) bonds and notes
26 issued to fund costs of issuance and any reasonably required debt
27 service reserve fund for such bonds or notes; (b) an amount equal to any
28 original issue discount from the principal amount of any bonds or notes
29 issued; and (c) bonds and notes issued to refund or otherwise repay
30 bonds or notes theretofore issued for such purposes, provided, however,
31 that upon any such refunding or repayment the total aggregate principal
32 amount of outstanding bonds and notes (including for purpose of such
33 calculation the principal amount of the refunding bonds or notes then to
34 be issued and excluding the principal amount of the bonds or notes so to
35 be refunded or repaid and any amounts excluded under paragraph (a) or
36 (b) of this subdivision) may be greater than two hundred twenty-five
37 million dollars, only if the present value of the aggregate debt service
38 of the refunding or repayment bonds or notes to be issued shall not
39 exceed the present value of the aggregate debt service of the bonds or
40 notes so to be refunded or repaid. For purposes of paragraph (c) of this
41 subdivision, the present values of the aggregate debt service of the
42 refunding or repayment bonds or notes and of the aggregate debt service
43 of the bonds or notes so to be refunded or repaid, shall be calculated
44 by utilizing the effective interest rate of the refunding or repayment
45 bonds or notes, which shall be that rate arrived at by doubling the
46 semi-annual interest rate (compounded semi-annually) necessary to
47 discount the debt service payments on the refunding or repayment bonds
48 or notes from the payment dates thereof to the date of issue of the
49 refunding or repayment bonds or notes and to the price bid including
50 estimated accrued interest or proceeds received by the authority includ-
51 ing estimated accrued interest from the sale thereof. Any bonds or notes
52 issued pursuant to this section shall not be included in the aggregate
53 limitation established by subdivision eleven of section twelve hundred
54 sixty-two-h of this title. The provisions of subdivision nine of section
55 twelve hundred sixty-one-a of this title shall not apply to any bonds or
S. 994 42 A. 1924
1 notes issued pursuant to this section or the resolution relating to such
2 bonds or notes.
3 5. The term "excess loss fund" as used in this section shall not
4 include any trust, pooling arrangements or other entity (a) which
5 provides or offers to provide reimbursement or funding for losses or
6 liabilities to any entity other than the MTA agencies, or (b) in which
7 any entity other than an MTA agency holds an equity interest.
8 § 1262-e. MTA - pension obligation bonds. The authority may from time
9 to time issue its bonds and notes in such principal amounts as, in the
10 opinion of the authority, shall be necessary to finance, in whole or in
11 part, the unfunded pension fund liabilities of the MTA agencies. Prior
12 to the issuance of any bonds or notes, the authority shall make a find-
13 ing that such issue is expected to result, on a present value basis, in
14 a lower effective cost to the authority than funding the unfunded
15 pension fund liability solely through the payment of annual amounts to
16 the pension fund, assuming that the principal component of the unfunded
17 liability will be amortized over the same number of years as the term of
18 the bonds or notes and that the interest payable thereon is the actuari-
19 al rate of interest determined by the actuary for the pension fund at
20 the time of the issuance of such bonds or notes. The aggregate principal
21 amount of bonds and notes issued for such purposes may be increased to
22 fund costs of issuance and any reasonably required debt service or other
23 reserve funds. Bonds and notes may be issued to refund or otherwise
24 repay bonds or notes theretofore issued for such purposes; provided,
25 however that upon any such refunding or repayment (including for purpose
26 of such calculation the principal amount of the refunding bonds or notes
27 then to be issued and excluding the principal amount of the bonds or
28 notes so to be refunded or repaid and also excluding any amounts used to
29 pay costs of issuance and reasonably required debt service or other
30 reserve funds) the present value of the aggregate debt service of the
31 refunding or repayment bonds or notes to be issued shall not exceed the
32 present value of the aggregate debt service of the bonds or notes so to
33 be refunded or repaid. For purposes of the preceding sentence, the pres-
34 ent values of the aggregate debt service of the refunding or repayment
35 bonds or notes and of the aggregate debt service of the bonds or notes
36 so to be refunded or repaid shall be calculated by utilizing the effec-
37 tive interest rate of the refunding or repayment bonds or notes, which
38 shall be that rate arrived at by doubling the semi-annual interest rate
39 (compounded semi-annually) necessary to discount the debt service
40 payments on the refunding or repayment bonds or notes from the payment
41 dates thereof to the date of issue of the refunding or repayment bonds
42 or notes and to the price bid including estimated accrued interest or
43 proceeds received by the authority including estimated accrued interest
44 from the sale thereof. Any bonds or notes issued pursuant to this
45 section shall not be included in the aggregate limitation established by
46 subdivision eleven of section twelve hundred sixty-two-h of this title.
47 The provisions of subdivision eleven of section twelve hundred sixty-
48 one-a of this title shall not apply to any bonds or notes issued pursu-
49 ant to this section or the resolution relating to such bonds or notes.
50 § 1262-f. MTA and MTA bridges and tunnels - bonds, notes and other
51 obligations as legal investment. The bonds, notes and other obligations
52 of the authority and MTA bridges and tunnels are hereby made securities
53 in which all public officers and bodies of the state and all munici-
54 palities and political subdivisions, all insurance companies and associ-
55 ations and other persons carrying on an insurance business, all banks,
56 bankers, trust companies, savings banks and savings associations,
S. 994 43 A. 1924
1 including savings and loan associations, building and loan associations,
2 investment companies and other persons carrying on a banking business,
3 all administrators, guardians, executors, trustees and other fiduciar-
4 ies, and all other persons whatsoever who are now or who may hereafter
5 be authorized to invest in bonds, notes or other obligations of the
6 state, may properly and legally invest funds including capital in their
7 control or belonging to them. Notwithstanding any other provisions of
8 law, the bonds, notes and other obligations of the authority and MTA
9 bridges and tunnels are also hereby made securities which may be depos-
10 ited with and shall be received by all public officers and bodies of
11 this state and all municipalities and political subdivisions for any
12 purpose for which the deposit of bonds or other obligations of the state
13 is now or may hereafter be authorized.
14 § 1262-g. MTA agencies - exemption from taxation. It is hereby found,
15 determined and declared that the creation of the MTA agencies and the
16 carrying out of their purposes is in all respects for the benefit of the
17 people of the state and for the improvement of their health, welfare and
18 prosperity and is a public purpose, and that the MTA agencies will be
19 performing an essential governmental function in the exercise of the
20 powers conferred upon it by this title. The MTA agencies shall be
21 required to pay no fees, taxes, assessments or special ad valorem
22 levies, whether state or local, including but not limited to fees,
23 taxes, assessments or special ad valorem levies on real estate, fran-
24 chise taxes, sales taxes or other excise taxes, upon (a) any of their
25 property, (b) property (i) owned, leased, or acquired by, (ii) under the
26 jurisdiction, control, possession, or supervision of, or (iii) used for
27 or in the course of the corporate purposes of, the MTA agencies, whether
28 pursuant to the provisions of a joint service arrangement, or joint
29 facilities, trackage rights or other agreement, (c) their activities in
30 the operation and maintenance of their facilities, or (d) any fares,
31 tolls, rentals, rates, charges or other fees, revenues or other income
32 received by the MTA agencies and the bonds, notes and other obligations
33 of the authority and MTA bridge and tunnels and the income therefrom
34 shall at all times be exempt from taxation, except for gift and estate
35 taxes and taxes on transfers. This section shall constitute a covenant
36 and agreement with the owners of all bonds, notes and other obligations
37 issued by the authority and MTA bridges and tunnels.
38 § 1262-h. MTA and MTA bridges and tunnels - bonds, notes and other
39 obligations. 1. (a) The authority and MTA bridges and tunnels shall have
40 power and are hereby authorized from time to time to issue bonds, notes
41 and other obligations in such principal amount as, in their opinion,
42 shall be necessary, convenient or desirable to effectuate any of their
43 powers and purposes, including to provide sufficient funds for achieving
44 their purposes, including the acquisition, establishment, construction,
45 effectuation, operation, maintenance, renovation, improvement, exten-
46 sion, rehabilitation or repair of any transportation facility or MTA
47 bridges and tunnels project, the payment of principal, redemption premi-
48 um and interest on bonds, notes and other obligations of any of the MTA
49 agencies, establishment of reserves to secure such bonds, notes and
50 other obligations, the provision of working capital and all other
51 expenditures of any of the MTA agencies incident to and necessary,
52 convenient or desirable to carry out their purposes and powers. Such
53 bonds, notes or other obligations may be issued for an individual trans-
54 portation facility or MTA bridges and tunnels project, or issued on a
55 consolidated basis for such groups or classes of facilities and projects
56 as the authority or MTA bridges and tunnels in its discretion deems
S. 994 44 A. 1924
1 appropriate and be payable from and secured separately or on a consol-
2 idated basis by, among other things, all or any portion of such revenues
3 and other monies and assets of the MTA agencies as the authority or MTA
4 bridges and tunnels determines in accordance with the provisions of
5 section twelve hundred sixty-two-i of this title.
6 (b) The authority and MTA bridges and tunnels shall have power, from
7 time to time, to issue renewal notes, to issue bonds to refund, redeem
8 or otherwise pay, including by purchase or tender, notes of the MTA
9 agencies and whenever it deems refunding, redemption or payment expedi-
10 ent, to refund, redeem or otherwise pay, including by purchase or
11 tender, any bonds of the MTA agencies by the issuance of new bonds,
12 whether the bonds to be refunded, redeemed or otherwise paid have or
13 have not matured, and to issue bonds partly for such purpose and partly
14 for any other purpose and to otherwise refund, redeem, acquire by
15 purchase or tender, or in any other way repay outstanding bonds, notes
16 or other obligations of the MTA agencies.
17 (c) Every issue of bonds, notes or other obligations shall be payable
18 out of any revenues, receipts, monies or other assets of the MTA agen-
19 cies identified for such purposes in accordance with agreements with the
20 owners of particular bonds, notes or other obligations. The authority
21 and MTA bridges and tunnels may issue consolidated revenue bonds, notes
22 or other obligations as provided in section twelve hundred sixty-two-i
23 of this title.
24 2. The bonds, notes and other obligations shall be authorized by
25 resolution approved by not less than a majority vote of its members
26 determined in accordance with paragraphs (a) and (b) of subdivision
27 three of section twelve hundred sixty-c of this title. Such bonds, notes
28 and other obligations shall bear such date or dates, and shall mature at
29 such time or times, in the case of any such note or any renewals thereof
30 not exceeding five years from the date of issue of such original note,
31 and in the case of any such bond not exceeding fifty years from the date
32 of issue, as such resolution or resolutions may provide. The bonds,
33 notes and other obligations shall bear interest at such rate or rates,
34 be in such denominations, be in such form, either coupon or registered,
35 carry such registration privileges, be executed in such manner, be paya-
36 ble in such medium of payment, at such place or places and be subject to
37 such terms of redemption as such resolution or resolutions may provide.
38 The bonds, notes and other obligations of the authority and MTA bridges
39 and tunnels may be sold by the authority, at public or private sale, at
40 such price or prices as the authority or MTA bridges and tunnels shall
41 determine. The bonds and notes of the authority may not be sold by the
42 authority at private sale unless such sale and the terms thereof have
43 been approved in writing by (a) the state comptroller, where such sale
44 is not to the state comptroller, or (b) the director of the budget of
45 the state, where such sale is to the state comptroller. The bonds and
46 notes of MTA bridges and tunnels may be sold by MTA bridges and tunnels
47 at private sale without approval by the state comptroller, or the direc-
48 tor of the budget of the state.
49 3. Any resolution or resolutions authorizing any bonds, notes or other
50 obligations of the authority and MTA bridges and tunnels may contain
51 provisions, which shall be a part of the contract with the owners there-
52 of, as to:
53 (a) pledging all or any part of the revenues, receipts, monies or
54 other assets of the MTA agencies to secure the payment of the bonds,
55 notes or other obligations, subject to such applicable agreements with
56 owners of other obligations of the MTA agencies as may then exist;
S. 994 45 A. 1924
1 (b) the use and disposition of revenues, including fares, tolls,
2 rentals, rates, charges and other fees made or received by the MTA agen-
3 cies;
4 (c) the setting aside of reserves or sinking funds and the regulation
5 and disposition thereof;
6 (d) limitations on the purpose to which the proceeds of sale of bonds,
7 notes or other obligations may be applied and pledging such proceeds to
8 secure the payment of the bonds, notes or other obligations;
9 (e) limitations on the issuance of additional bonds, notes or other
10 obligations; the terms upon which additional bonds, notes or other obli-
11 gations may be issued and secured; the refunding of outstanding or other
12 bonds, notes or other obligations;
13 (f) the procedure, if any, by which the terms of any contract with
14 owners may be amended or abrogated, the amount of bonds, notes or other
15 obligations the owners of which must consent thereto, and the manner in
16 which such consent may be given;
17 (g) limitations on the amount of monies to be expended by the MTA
18 agencies for operating, administrative or other expenses of the MTA
19 agencies;
20 (h) vesting in a trustee or trustees such property, rights, powers and
21 duties in trust as the authority or MTA bridges and tunnels may deter-
22 mine, which may include any or all of the rights, powers and duties of
23 the trustee appointed by the owners pursuant to this title, and limiting
24 or abrogating the right of the owners to appoint a trustee under this
25 article or limiting the rights, powers and duties of such trustee; and
26 (i) any other matters, of like or different character, which in any
27 way affect the security or protection of the bonds, notes or other obli-
28 gations of the authority and MTA bridges and tunnels.
29 4. In addition to the powers conferred in this section upon the
30 authority and MTA bridges and tunnels to secure their bonds, notes and
31 other obligations, the authority and MTA bridges and tunnels shall have
32 power in connection with the issuance of bonds, notes and other obli-
33 gations to enter into such agreements as the authority or MTA bridges
34 and tunnels may deem necessary, convenient or desirable concerning the
35 use or disposition of the monies or property of any of the MTA agencies,
36 including the mortgaging of any such property and the entrusting, pledg-
37 ing or creation of any other security interest in any such monies or
38 property and the doing of any act (including refraining from doing any
39 act) which the MTA agencies would have the right to do in the absence of
40 such agreements. The authority and MTA bridges and tunnels shall have
41 power to enter into amendments of any such agreements within the powers
42 granted to the authority and MTA bridges and tunnels by this title and
43 to perform such agreements. The provisions of any such agreements may
44 be made a part of the contract with the owners of the bonds, notes and
45 other obligations of the authority and MTA bridges and tunnels.
46 5. The MTA agencies are authorized to pledge to, or for the benefit
47 of, the holders of any bonds, notes or other obligations, including
48 obligations incurred in connection with lease transactions, issued by or
49 for the benefit of such MTA agency, as security for the payment thereof,
50 any revenues, securities, contract rights or other property. Any such
51 pledge shall specify the priority and ranking of such pledge in respect
52 of other pledges, if any, of the same revenues, securities, contract
53 rights or other property by such MTA agency. Any pledge of revenues,
54 securities, contract rights or other property made by any MTA agency
55 shall be valid and binding, and have the priority set forth in the docu-
56 ment creating the lien from the time when the pledge is made; that the
S. 994 46 A. 1924
1 monies or property so pledged and thereafter received by the MTA agen-
2 cies shall immediately be subject to the lien of such pledge without any
3 physical delivery thereof or further act; and that the lien of any such
4 pledge shall be valid and binding as against all parties having claims
5 of any kind in tort, contract or otherwise against the MTA agencies,
6 irrespective of whether such parties have notice thereof. Neither the
7 resolution, trust agreement, security agreement or other instrument by
8 which a pledge is created need be recorded or filed and none of the MTA
9 agencies shall be required to comply with any of the provisions of the
10 uniform commercial code to create or maintain any such pledge or lien or
11 establish the priority thereof.
12 6. Neither the members of the MTA agencies nor any person executing
13 the bonds, notes or other obligations shall be liable personally on the
14 bonds, notes or other obligations or be subject to any personal liabil-
15 ity or accountability by reason of the issuance thereof.
16 7. The MTA agencies, subject to such agreements with the owners of
17 bonds, notes and other obligations as may then exist, shall have power
18 out of any funds available therefor to purchase bonds, notes or other
19 obligations of the MTA agencies. The authority may hold, cancel or sell
20 such bonds, notes and other obligations, subject to and in accordance
21 with agreements with such owners.
22 8. Neither the state nor any other political subdivision in the
23 district, including the city, shall be liable on bonds, notes or other
24 obligations of the MTA agencies and such bonds, notes and other obli-
25 gations shall not be a debt of the state or any other political subdivi-
26 sion in the district, including the city, and such bonds, notes and
27 other obligations shall contain on the face thereof, or in an equally
28 prominent place, a statement to such effect.
29 9. So long as the authority or any other MTA agency has outstanding
30 any bonds, notes or other obligations, none of the MTA agencies shall
31 have the authority to file a voluntary petition under chapter nine of
32 the federal bankruptcy code or such corresponding chapter, chapters or
33 sections as may, from time to time, be in effect, and neither any public
34 officer nor any organization, entity or other person shall authorize the
35 MTA agencies to be or become a debtor under chapter nine or said corre-
36 sponding chapter, chapters or sections during any such period.
37 10. Any resolution or agreement authorizing the issuance of bonds,
38 notes or other obligations pursuant to this section may, in addition,
39 authorize and provide for the issuance of lease obligations of the
40 authority and MTA bridges and tunnels which may be issued for the
41 purposes and on the terms and conditions under which the bonds, notes
42 and other obligations authorized under this section may be issued, and
43 may be secured in the same manner as such bonds, notes and other obli-
44 gations, and which resolution with respect to such lease obligations may
45 contain such other provisions applicable to bonds, notes and other obli-
46 gations not inconsistent with the provisions of this section, as the
47 authority or MTA bridges and tunnels may determine.
48 11. The aggregate principal amount of bonds, notes or other obli-
49 gations issued after the first day of January, nineteen hundred ninety-
50 three by the MTA agencies to fund projects contained in capital program
51 plans approved pursuant to section twelve hundred sixty-one-a of this
52 title (or its predecessor provisions) for the period nineteen hundred
53 ninety-two through two thousand four shall not exceed sixteen billion
54 five hundred million dollars. Such aggregate principal amount of bonds,
55 notes or other obligations or the expenditure thereof shall not be
56 subject to any limitation contained in any other provision of law on the
S. 994 47 A. 1924
1 principal amount of bonds, notes or other obligations or the expenditure
2 thereof applicable to the MTA agencies. The aggregate limitation estab-
3 lished by this subdivision shall not include (a) obligations issued to
4 refund, redeem or otherwise repay, including by purchase or tender,
5 obligations theretofore issued either by the issuer of such refunding
6 obligations or by the MTA agencies, (b) obligations issued to fund any
7 debt service or other reserve funds for such obligations, (c) obli-
8 gations issued or incurred to fund the costs of issuance, the payment of
9 amounts required under bond and note facilities, federal or other
10 governmental loans, security or credit arrangements or other agreements
11 related thereto and the payment of other financing and related costs
12 associated with such obligations, (d) an amount equal to any original
13 issue discount from the principal amount of such obligations or to fund
14 capitalized interest, (e) obligations incurred pursuant to former
15 section twelve hundred seven-m of this article, (f) obligations incurred
16 to fund the acquisition of certain buses for the former New York city
17 transit authority as identified in a capital program plan approved
18 pursuant to chapter fifty-three of the laws of nineteen hundred ninety-
19 two, (g) obligations incurred in connection with the leasing, selling or
20 transferring of real property or equipment, and (h) bond anticipation
21 notes or other obligations payable solely from the proceeds of other
22 bonds, notes or other obligations which would be included in the aggre-
23 gate principal amount specified in the first sentence of this subdivi-
24 sion, whether or not secured by revenues of the MTA agencies.
25 § 1262-i. MTA and MTA bridges and tunnels-consolidated financings. 1.
26 Notwithstanding any inconsistent provisions of this or any other law,
27 general, special or local, the authority and MTA bridges and tunnels may
28 issue their notes, bonds and other obligations to finance transportation
29 facilities and MTA bridges and tunnels projects, utilizing a consol-
30 idated pledge of all or any portion of the revenues and other monies and
31 assets of the MTA agencies, together with those other sources of payment
32 described in this section. In connection therewith, at its discretion,
33 the authority and MTA bridges and tunnels, subject to the rights of the
34 owners of bonds, notes or other obligations of the MTA agencies, may (a)
35 agree with the MTA agencies that any such entity will deposit all or any
36 portion of the revenues, other monies and assets received by it or its
37 subsidiaries into one or more funds or accounts, and (b) deposit or
38 cause to be deposited into one or more funds and accounts (i) all or any
39 portion of the revenues, other monies and assets received by the MTA
40 agencies, (ii) all or any portion of the annual operating surplus of any
41 MTA agency, (iii) all or any portion of the amounts from the operating
42 and capital costs account of the metropolitan transportation authority
43 dedicated tax fund required to be distributed to MTA agencies under the
44 provisions of section twelve hundred sixty-two of this title, (iv) all
45 or any portion of the available monies in the headquarters account of
46 the metropolitan transportation authority special assistance fund estab-
47 lished under the provisions of section twelve hundred sixty-two-a of
48 this title available for payment of operating and capital costs of MTA
49 subways as provided in subdivision two of section twelve hundred sixty-
50 two-a of this title, (v) all or any portion of the available monies in
51 the corporate transportation account of the metropolitan transportation
52 authority special assistance fund established under the provisions of
53 section twelve hundred sixty-two-a of this title available for use by
54 the authority for payment of operating costs of, and capital costs,
55 including debt service and reserve requirements, if any, of or for the
56 MTA agencies as provided in paragraph (a) of subdivision three of
S. 994 48 A. 1924
1 section twelve hundred sixty-two-a of this title, and (vi) any other
2 monies of the MTA agencies from any source whatsoever.
3 2. Amounts so deposited in such funds or accounts may be (a) (i)
4 pledged by the authority and MTA bridges and tunnels to secure, and be
5 applied to, or (ii) be applied to, the payment of its bonds, notes or
6 other obligations issued to finance transportation facilities undertaken
7 for the MTA agencies, and bridge and tunnel projects undertaken for MTA
8 bridges and tunnels, and (b) used for payment of operating costs, and
9 capital costs, including debt service, reserve requirements, if any, the
10 payment of amounts required under bond, note or other financing facili-
11 ties or agreements, and the payment of all costs related to such obli-
12 gations, of or for the MTA agencies as the authority or MTA bridges and
13 tunnels in its full discretion shall determine. To the extent monies so
14 deposited have been pledged by the authority or MTA bridges and tunnels
15 to secure and pay its bonds, notes or other obligations as provided in
16 this section, such monies shall first be applied to satisfy the require-
17 ments of any debt service or reserve requirements of the resolution or
18 resolutions or other contractual arrangements authorizing such bonds,
19 notes or other obligations. After satisfaction of such requirements of
20 any such resolution, resolutions, or other contractual arrangements or
21 if the authority and MTA bridges and tunnels have not so pledged such
22 monies, such monies so deposited, subject to the provisions of any other
23 resolutions or contractual arrangements of the MTA agencies and applica-
24 ble provisions of law, may be transferred to or for the benefit of the
25 MTA agencies. Revenues and other monies of the MTA agencies which are
26 deposited in the funds or accounts authorized by this section, as
27 reduced by any application of such revenues or monies to the payment of
28 debt service, reserve requirements, if any, and other costs attributable
29 to the funding of the capital costs of such entity, shall be allocated,
30 credited and distributed to such source entity. Any other revenues or
31 monies which are deposited in the funds or accounts authorized by this
32 section which are required by law to be allocated or paid to the MTA
33 agencies, shall be allocated or paid to the entity to which it is
34 required to be allocated or paid by law after reduction by an amount
35 equal to the portion thereof applied to the payment of debt service,
36 reserve requirements, if any, and other costs attributable to the fund-
37 ing of the capital costs of such entity. In determining the amount of
38 debt service, reserve requirements, if any, and other costs attributable
39 to the MTA agencies, the authority shall make such calculation based
40 upon the percentage of the proceeds of the bonds, notes and other obli-
41 gations expended for the capital costs attributable to each such entity.
42 The authority may utilize any interim allocation of such distributions,
43 provided that within ninety days after the end of each calendar year,
44 the authority shall certify to the director of the budget of the state,
45 the chairperson of the senate finance committee and the chairperson of
46 the assembly ways and means committee, that the aggregate amount of
47 monies transferred to each of the MTA agencies in respect of such calen-
48 dar year, taking into account any interagency repayments or reimburse-
49 ments anticipated to be made in the next succeeding calendar year, is
50 not less than the amounts required to be paid or transferred to such
51 entities.
52 § 1262-j. MTA and MTA bridges and tunnels - reserve funds and appro-
53 priations. The authority and MTA bridges and tunnels may create and
54 establish one or more reserve or defeasance funds in accordance with
55 agreements with owners of their bonds, notes and other obligations and
56 may pay into such reserve funds (a) any monies appropriated and made
S. 994 49 A. 1924
1 available by the state for the purposes of such funds, (b) any proceeds
2 of sale of bonds, notes or other obligations, to the extent provided in
3 the resolution authorizing the issuance thereof, and (c) any other
4 monies which may be made available for the purpose of such funds from
5 any other source or sources. In lieu thereof, the authority or MTA
6 bridges and tunnels may provide for the deposit therein of, or substi-
7 tute for monies on deposit therein, a liquidity or credit facility,
8 surety bond or other similar agreement.
9 § 1262-k. MTA and MTA bridges and tunnels - right of state to require
10 redemption of bonds. Notwithstanding and in addition to any provisions
11 for the redemption of bonds (but not notes or other obligations) which
12 may be contained in any contract with the owners of the bonds, the state
13 may, upon furnishing sufficient funds therefor, require the authority
14 and MTA bridges and tunnels to redeem, prior to maturity, as a whole,
15 any issue of bonds on any interest payment date not less than twenty
16 years after the date of the bonds of such issue at one hundred five per
17 centum of their face value and accrued interest or at such lower redemp-
18 tion price as may be provided in the bonds in case of the redemption
19 thereof as a whole on the redemption date. Notice of such redemption
20 shall be published in at least two newspapers publishing and circulating
21 respectively in the cities of Albany and New York at least twice, the
22 first publication to be at least thirty days before the date of redemp-
23 tion.
24 § 1262-l. MTA and MTA bridges and tunnels - remedies of owners. 1. In
25 the event that the authority or MTA bridges and tunnels shall default in
26 the payment of principal of or interest on any issue of bonds, notes or
27 other obligations after the same shall become due, whether at maturity
28 or upon call for redemption, and such default shall continue for a peri-
29 od of thirty days, or in the event that the authority or MTA bridges and
30 tunnels shall fail or refuse to comply with the provisions of this title
31 or shall default in any agreement made with the owners of any issue of
32 bonds, notes or other obligations, the owners of twenty-five per centum
33 in aggregate principal amount of such issue then outstanding, by instru-
34 ment or instruments filed in the office of the clerk of any county in
35 which the authority or MTA bridges and tunnels operates and has an
36 office and proved or acknowledged in the same manner as a deed to be
37 recorded, may appoint a trustee to represent the owners of such bonds,
38 notes or other obligations for the purposes provided in this section.
39 2. Such trustee may, and upon written request of the owners of twen-
40 ty-five per centum in principal amount of such bonds, notes or other
41 obligations then outstanding shall, in his or her or its own name:
42 (a) by suit, action or proceeding in accordance with the civil prac-
43 tice law and rules, enforce all rights of the owners, including the
44 right to require the authority or MTA bridges and tunnels to collect
45 fares, tolls, rentals, rates, charges and other fees adequate to carry
46 out any agreement as to, or pledge of, such fares, tolls, rentals,
47 rates, charges and other fees and to require the authority or MTA bridg-
48 es and tunnels to carry out any other agreements with the owners and to
49 perform its duties under this title;
50 (b) bring suit upon such bonds, notes or other obligations;
51 (c) by action or suit, require the authority or MTA bridges and
52 tunnels to account as if it were the trustee of an express trust for the
53 owners;
54 (d) by action or suit, enjoin any acts or things which may be unlawful
55 or in violation of the rights of the owners; and
S. 994 50 A. 1924
1 (e) declare all such bonds, notes or other obligations due and paya-
2 ble, and if all defaults shall be made good, then, with the consent of
3 the owners of twenty-five per centum of the principal amount of such
4 bonds, notes or other obligations then outstanding, to annul such decla-
5 ration and its consequences.
6 3. Such trustee shall in addition to the foregoing have and possess
7 all of the powers necessary or appropriate for the exercise of any func-
8 tions specifically set forth in this section or incident to the general
9 representation of owners in the enforcement and protection of their
10 rights.
11 4. The supreme court shall have jurisdiction of any suit, action or
12 proceeding by the trustee on behalf of such owners. The venue of any
13 such suit, action or proceeding shall be laid in the county in which the
14 instrument or instruments are filed in accordance with subdivision one
15 of this section.
16 5. Before declaring the principal of bonds, notes or other obligations
17 due and payable, the trustee shall first give thirty days' notice in
18 writing to the governor, to the authority or MTA bridges and tunnels,
19 whichever is in default, to the state comptroller and to the attorney
20 general of the state.
21 § 1263. MTA agencies - actions against the agencies. 1. As a condi-
22 tion to the consent of the state to such suits against the MTA agencies,
23 in every action against the MTA agencies for damages, for injuries to
24 real or personal property, or for the destruction thereof, or for
25 personal injuries or death, the complaint shall contain an allegation
26 that at least thirty days have elapsed since the demand, claim or claims
27 upon which such action is founded were presented to a member of each MTA
28 agency against whom a claim is being made or other officer designated
29 for such purposes and that the affected MTA agency has neglected or
30 refused to make an adjustment or payment thereof.
31 2. An action against an MTA agency founded on tort, except an action
32 for wrongful death, shall not be commenced more than one year after the
33 cause of action therefore shall have accrued, nor unless a notice or
34 claim shall have been served on the MTA agency within the time limited
35 by, and in compliance with, all the requirements of section fifty-e of
36 the general municipal law. An action against an MTA agency for wrongful
37 death shall be commenced in accordance with the notice of claim and time
38 limitation provisions of title eleven of article nine of this chapter.
39 3. Service of the notice of claim or the summons and complaint in an
40 action upon any MTA agency shall not constitute service upon any other
41 MTA agency.
42 4. The MTA agency may require any person, presenting for settlement an
43 account or claim for any cause whatever against the MTA agency, to be
44 sworn before a member, counsel or an attorney, officer or employee of
45 the MTA agency designated for such purpose, concerning such account of
46 claim and when so sworn to answer orally as to any facts relative to
47 such account or claim. Each MTA agency shall have power to settle or
48 adjust all claims in favor of or against it.
49 5. Each MTA agency shall be liable, and shall assume the liability to
50 the extent that it shall save harmless any duly appointed officer or
51 employee of the MTA agency, for the negligence of such officer or
52 employee, in the operation of a vehicle or other facility of transporta-
53 tion owned or otherwise under the jurisdiction and control of the MTA
54 agency in the discharge of a duty imposed upon such officer or employee
55 at the time of the accident, injury or damages complained of, while
S. 994 51 A. 1924
1 otherwise acting in the performance of his or her duties and within the
2 scope of his or her employment.
3 6. Except as otherwise provided in this title, the rate of interest to
4 be paid by the MTA agencies, or by their officers or employees whose
5 liability has been assumed pursuant to subdivision five of this section,
6 upon any judgment or accrued claim against the authority, or such offi-
7 cer or employee, shall not exceed four per centum per annum, except that
8 such interest rate shall be three per centum per annum in the case of
9 MTA subways as provided in section twelve hundred seventy of this title
10 and MTA bus as provided in section twelve hundred seventy-two of this
11 title.
12 7. Notwithstanding any other provision of law to the contrary, there
13 shall be no right of recovery in an action for personal injury, injury
14 to property or wrongful death against any of the MTA agencies when it is
15 found that the claimant or decedent acted with wanton disregard for his
16 or her own personal safety or well being. A court shall not apply the
17 doctrine of last clear chance in connection with any action for damages
18 brought against the authority.
19 § 1263-a. MTA agencies - posting of security. 1. Each provision of
20 statute or rule requiring a party to give security for the purpose of
21 procuring an order of arrest, an injunction order, or a warrant of
22 attachment, or as a condition of obtaining any other relief, or taking
23 any proceeding; or allowing the court or a judge to require such securi-
24 ty to be given, is to be construed as excluding an action brought by any
25 of the MTA agencies; except where the security to be given in such an
26 action is specially regulated by the provision in question.
27 2. In any action in which any of the MTA agencies shall be excused by
28 statute from giving security on procuring an order of arrest, an order
29 of injunction or a warrant of attachment, the MTA agency shall be liable
30 for all damages that may be sustained by the opposite party by reason of
31 such order of arrest, attachment or injunction, in the same case and to
32 the same extent as sureties to an undertaking would have been if such an
33 undertaking had been given.
34 3. Each of the MTA agencies shall be deemed an agency of the state for
35 purposes of section fifty-five hundred nineteen of the civil practice
36 law and rules.
37 § 1264. MTA - submission of strategic operation plan. 1. On or prior
38 to December thirty-first of each year, the authority shall submit to the
39 governor a strategic operation plan for the five-year period commencing
40 January first of the following year. One component of the strategic
41 operation plan shall be for the subway services of MTA subways; another
42 component shall be for the bus services of MTA bus; and the other compo-
43 nent shall be for the commuter railroad services operated by MTA rail.
44 The strategic operation plan may be amended as required but shall be
45 updated at least annually. The plan shall include, but need not be
46 limited to, the following:
47 (a) Long-range goals and objectives for the operation of services and
48 facilities;
49 (b) Planned service and performance standards for each year of the
50 period covered by the plan; including (i) standards for determining
51 frequency of service at peak hours and off-peak hours, (ii) frequency of
52 service at peak and off-peak hours based on the application of such
53 standards to the current period for each subway line, bus route or group
54 of bus routes, and commuter rail lines, divisions or branches as appro-
55 priate, (iii) projected performance for each subway line, bus route or
56 group of bus routes, and commuter rail lines, divisions or branches as
S. 994 52 A. 1924
1 appropriate as measured by reliability indicators commonly utilized
2 within the transit industry, including such measures as mean distance
3 between failures for subway cars, planned number of vehicles with air
4 conditioning and projected reliability of such equipment, planned stand-
5 ards for cleanliness of the interior and exterior of subway cars, commu-
6 ter rail cars, buses, and passenger stations, and other appropriate
7 measures of planned performance influencing the quality of services;
8 (c) Level and structure of fares projected for each year of the period
9 covered by the plan;
10 (d) Estimated operating and capital resources anticipated to be avail-
11 able from internal sources as well as from federal, state, regional and
12 local sources;
13 (e) Estimated operating and capital costs to satisfy planned standards
14 of performance and service;
15 (f) Strategies to improve productivity; control cost growth; integrate
16 and coordinate the delivery of services provided by the authority as
17 well as other public and private transportation providers in the service
18 area;
19 (g) Specific allocation of operating and capital resources by mode and
20 operation, including funds, personnel, and equipment;
21 (h) Configuration by mode, operation and route of the services to be
22 provided and the facilities to be operated, identifying major planned
23 changes in services and routes;
24 (i) Identification of the operating and capital costs as compared to
25 the revenues anticipated from system users for MTA subways, MTA rail and
26 MTA bus; and
27 (j) An analysis of the relationship between specific planned capital
28 elements contained in approved capital program plans and the achievement
29 of planned service and performance standards. Such analysis shall
30 include the relationship of specific planned capital elements to the
31 achievement of such service and performance standards for each subway
32 line, bus route or group of bus routes, or commuter rail lines, divi-
33 sions or branches as appropriate.
34 2. Each annual update of the plan shall include a status report summa-
35 rizing the extent to which planned service and performance standards
36 developed for the previous year were achieved, the causes of any failure
37 to achieve projected standards of service, and corrective measures the
38 authority intends to take to avoid non-achievement of projected stand-
39 ards in the next upcoming year.
40 3. The authority shall take into consideration any petitions from
41 local officials for improved services, including how these service
42 improvements relate to the service and performance standards described
43 in this section, and shall consult with appropriate local officials in
44 its preparation and periodic updates to the operation plan.
45 § 1264-a. MTA agencies - annual audit. The state comptroller shall
46 conduct an annual audit of the books and records of the MTA agencies.
47 Such audit shall include a complete and thorough examination of such MTA
48 agency's receipts, disbursements, revenues and expenses during the prior
49 fiscal year in accordance with the categories or classifications estab-
50 lished by such MTA agency for its own operating and capital outlay
51 purposes; assets and liabilities at the end of its last fiscal year
52 including the status of reserve, depreciation, special or other funds
53 and including the receipts and payments of these funds; schedule of
54 bonds and notes outstanding at the end of its fiscal year and their
55 redemption dates, together with a statement of the amounts redeemed and
56 incurred during such fiscal year; operations, debt service and capital
S. 994 53 A. 1924
1 construction during the prior fiscal year. In place of conducting his or
2 her own audit, the state comptroller may accept the annual audit of an
3 independent auditor or firm of auditors, or any part thereof.
4 The state comptroller, upon completion of such audit, shall within
5 sixty days thereafter, report to the governor and the legislature his or
6 her findings, conclusions and recommendations thereof.
7 § 1264-b. MTA agencies - inspector general. 1. There is hereby created
8 in the metropolitan transportation authority an office of metropolitan
9 transportation authority inspector general. The inspector general shall
10 be appointed by the governor with the advice and consent of the senate.
11 The inspector general shall, prior to his or her appointment, have had
12 at least ten years experience in the management of transportation
13 services, in auditing and investigation of governmental operations, or
14 in services related to management and productivity improvement. The term
15 of office of the inspector general shall be five years from the effec-
16 tive date of appointment, and he shall serve at the pleasure of the
17 governor. The salary of the inspector general shall be determined by the
18 authority board.
19 2. The inspector general shall annually submit to the board of the
20 metropolitan transportation authority a budget request for the operation
21 of the office. If the board disapproves any portion of such request and
22 the commissioner of transportation determines such disapproval to be
23 unreasonable, such commissioner shall withhold from payments due such
24 authority, the amount so determined to be unreasonable and transfer such
25 amount to the office of the metropolitan transportation authority
26 inspector general.
27 3. The inspector general shall have full and unrestricted access to
28 all records, information, data, reports, plans, projections, matters,
29 contracts, memoranda, correspondence and any other materials of the MTA
30 agencies, or within their custody or control.
31 4. The inspector general, notwithstanding the provisions of the former
32 title nine of this article and this title, and of the former title three
33 of article three of this chapter, shall have the following functions,
34 powers and duties:
35 (a) to receive and investigate complaints from any source or upon his
36 or her own initiative concerning alleged abuses, frauds and service
37 deficiencies including deficiencies in the maintenance and operation of
38 facilities, relating to the MTA agencies;
39 (b) to initiate such reviews as he may deem appropriate of the oper-
40 ations of the MTA agencies in order to identify areas in which perform-
41 ance might be improved and available funds used more effectively;
42 (c) to recommend remedial actions to be taken by the MTA agencies to
43 overcome or correct operating or maintenance deficiencies and ineffi-
44 ciencies that he determines to exist;
45 (d) to make available to appropriate law enforcement officials infor-
46 mation and evidence which relate to criminal acts that he may obtain in
47 carrying out his or her duties;
48 (e) to subpoena witnesses, administer oaths or affirmations, take
49 testimony and compel the production of such books, papers, records and
50 documents as he may deem to be relevant to any inquiry or investigation
51 undertaken pursuant to this section and to delegate such powers to a
52 duly authorized deputy inspector general;
53 (f) to monitor the implementation by the MTA agencies of recommenda-
54 tions made by the inspector general or other audit agencies; and
55 (g) to do all things necessary to carry out the functions, powers and
56 duties set forth in this section.
S. 994 54 A. 1924
1 5. The inspector general shall cooperate, consult and coordinate with
2 the state public transportation safety board with regard to any activity
3 concerning the operations of the metropolitan transportation authority.
4 With respect to any accident on the facilities of the metropolitan
5 transportation authority, the primary responsibility for investigation
6 shall be that of the board which shall share its findings with the
7 metropolitan transportation authority inspector general.
8 6. The inspector general shall make annual public reports on his or
9 her findings and recommendations. Such a report shall be filed in the
10 office of the governor and with the legislature on or before the first
11 day of February of each year for the preceding year. The MTA agencies
12 shall prepare a response to the annual report and to any and all other
13 final reports made by the inspector general within thirty days of
14 receipt, which time may be extended by the inspector general in his or
15 her discretion, indicating whether such authority intends to implement
16 the recommendations in such reports, and, if not, why not. In addition,
17 the MTA agencies shall give quarterly reports to the inspector general
18 outlining the status of each of the recommendations made by the inspec-
19 tor general in his or her final reports. Copies of all of these reports
20 shall be sent to the governor, the temporary president of the senate,
21 the speaker of the assembly, the chair of the senate transportation
22 committee, the chair of the senate finance committee, the chair of the
23 assembly corporations, authorities and commissions committee and the
24 chair of the assembly ways and means committee.
25 7. To effectuate the purposes of this section, the inspector general
26 may request from any department, board, bureau, commission, office or
27 other agency of the state, or of any of its political subdivisions, such
28 cooperation, assistance, services and data as will enable him or her to
29 carry out his or her functions, powers and duties hereunder, and they
30 are authorized and directed to provide said cooperation, assistance,
31 services and data.
32 § 1264-c. MTA - management advisory board. 1. There is hereby created
33 in the office of the metropolitan transportation authority inspector
34 general a management advisory board, consisting of thirteen members
35 appointed by the governor, of whom two shall be appointed upon nomi-
36 nation by the temporary president of the senate, two upon nomination by
37 the speaker of the assembly, one upon nomination by the minority leader
38 of the senate and one upon nomination by the minority leader of the
39 assembly. All members shall serve for a term of three years, except
40 that, of the two members first appointed upon nomination by the tempo-
41 rary president of the senate, one shall serve for a term of two years
42 and one shall serve for a term of one year; of the two members first
43 appointed upon nomination by the speaker of the assembly, one shall
44 serve for a term of two years and one shall serve for a term of one
45 year; and, of four of the seven members first appointed by the governor
46 without nomination by any other person, two shall each serve for a term
47 of two years and two shall each serve for a term of one year. One of the
48 members appointed to the management advisory board directly by the
49 governor shall be designated by the governor to serve as its chair.
50 2. All members of the management advisory board shall be residents of
51 the metropolitan transportation district, and shall be persons with
52 substantial experience in the management of private enterprise, in the
53 delivery of public services, or in labor or labor-management relations.
54 3. The management advisory board shall assist the metropolitan trans-
55 portation authority inspector general in identifying ways to improve
56 services, reduce costs and increase the efficiency of the MTA agencies.
S. 994 55 A. 1924
1 4. No later than April first of each year, the management advisory
2 board shall submit to the governor and the legislature a report on its
3 activities during the previous year.
4 5. The office of the metropolitan transportation authority inspector
5 general shall provide the management advisory board with such staff
6 support as may be required for the performance of its duties.
7 6. Members of the management advisory board shall serve without
8 compensation, but shall be reimbursed for expenses reasonably incurred
9 in the performance of their duties.
10 § 1264-d. MTA - additional reports and audit requirements. 1. No later
11 than the first day of April each year beginning in two thousand four,
12 the authority shall submit to the governor, the temporary president of
13 the senate, the speaker of the assembly, the mayor of the city of New
14 York and the county executives of Nassau, Suffolk, Westchester, Putnam,
15 Dutchess, Rockland and Orange counties a report setting forth the
16 following information and statistics for the periods indicated for the
17 authority, MTA rail, MTA subways, MTA bus and MTA bridges and tunnels:
18 (a) relating to customers: (i) the actual number of customer injuries
19 including deaths for the preceding five-year period by operating entity
20 by year (for MTA bridges and tunnels the reported statistic shall be the
21 number of vehicle collisions with injury or death, and for MTA bus the
22 reported statistic shall include customers and non-customers injured or
23 killed in collisions); (ii) the rate of these customer injuries per one
24 million passengers for the preceding five-year period by operating enti-
25 ty by year, including goals for the reporting year and current year (for
26 MTA bridges and tunnels the reported statistic shall be the number of
27 vehicle collisions with injury or death per million vehicles); (iii) all
28 operating entities, except MTA bridges and tunnels, by year, (A) the
29 number of customer injuries per one million passengers for the preceding
30 two years by type of injury for the five most common injuries and (B)
31 the number of customer slip, trip and fall injuries per one million
32 passengers for the preceding two years by type of slip, trip and fall;
33 (iv) for MTA rail, the reportable grade crossing incidents for the
34 preceding five-year period by operating entity by year; (v) for MTA
35 bridges and tunnels, the rate of vehicle collisions with injuries per
36 million vehicles by facility; and (vi) a description of the major
37 programs and other steps being taken by the authority, MTA rail, MTA
38 subways, MTA bus and MTA bridges and tunnels to address customer safety;
39 (b) relating to employees: (i) the number of lost time and restricted
40 duty injury cases, including fatalities, for the preceding five-year
41 period by operating entity by year; (ii) the lost time plus restricted
42 duty injury case rate, including fatalities, for the preceding five-year
43 period by operating entity by year, including the goals for the report-
44 ing year and current year; (iii) the lost time plus restricted duty case
45 rate for the preceding two years by reporting entity by department or
46 facility by year; (iv) the lost time plus restricted duty case rate for
47 the preceding two years by type of injury for the five most common inju-
48 ries; and (v) a description of the major programs and other steps being
49 taken by the authority, MTA rail, MTA subways, MTA bus and MTA bridges
50 and tunnels to address employee safety; and (c) crime information: (i)
51 the number of major felonies for the preceding five years by operating
52 entity by year by type reported to the extent such information is made
53 available by law enforcement authorities in the relevant jurisdiction;
54 and (ii) the number of arrests, fare evasions arrests, summons and
55 ejections for the preceding five years by operating entity by year to
S. 994 56 A. 1924
1 the extent such information is made available by law enforcement author-
2 ities in the relevant jurisdictions.
3 2. Each of the authority, MTA rail, MTA subways, MTA bus, MTA capital
4 construction and MTA bridges and tunnels shall take such action as may
5 be necessary to enable a nationally recognized independent certified
6 public accounting firm or consortium of firms, one of which at least is
7 a nationally recognized independent certified public accounting firm, to
8 perform an annual audit in accordance with generally accepted auditing
9 standards and to furnish to the board of such entity with the report on
10 such audit prepared by such firm or consortium of firms, which report
11 shall include an opinion as to whether the entity's financial statements
12 have been prepared in accordance with generally accepted accounting
13 principles and shall state whether the audit of such financial state-
14 ments was made in accordance with generally accepted auditing standards
15 and accordingly included such tests of the accounting records and such
16 other auditing procedures as were considered necessary under the circum-
17 stances. Such report shall note the nature and extent of variations, if
18 any, from generally accepted accounting principles reflected in the
19 entity's financial statements. Each of the authority, MTA rail, MTA
20 subways, MTA bus, MTA capital construction and MTA bridges and tunnels
21 shall make available for inspection and copying all books, records, work
22 papers and other data and material as required by such auditors, and
23 each such entity shall make its officers and employees available to, and
24 shall cooperate with such auditors so as to permit such annual audit to
25 be completed and the report issued to the board of the entity within
26 four months after the close of the entity's fiscal year.
27 3. On or before the first day of June of each year beginning in two
28 thousand four, the authority shall submit to the governor, the temporary
29 president of the senate, the speaker of the assembly, the mayor of the
30 city of New York and the county executives of Nassau, Suffolk, Westches-
31 ter, Putnam, Dutchess, Rockland and Orange counties, an annual report
32 for the previous fiscal year which includes the following: (a) a copy of
33 a consolidated annual financial report for the authority and its subsid-
34 iaries for the previous fiscal year meeting the standards set forth in
35 subdivision two of this section; (b) an overview of sources of revenues
36 and categories of operating expenditures presented in both dollars and
37 percentages; (c) a report on the status of capital expenditures and
38 capital projects for such fiscal year; (d) an estimate of the following
39 fiscal year's revenues and expenditures as of the publication date; and
40 (e) a chart of operating statistics for the authority and each of its
41 subsidiaries.
42 § 1264-e. MTA - budget process. 1. Preliminary budgets and final budg-
43 ets, each of which shall present a complete financial plan for the
44 authority, MTA rail, MTA subways, MTA bus, MTA capital construction and
45 MTA bridges and tunnels for the ensuing fiscal year, setting forth
46 proposed operating expenditures, anticipated revenues and any other
47 anticipated sources and uses of fund, shall, each year, in accordance
48 with the provisions of this chapter, be prepared and submitted to the
49 board of the authority. These budgets and the related financial plan
50 shall not address capital funding and expenditures that are subject to
51 the provisions of sections twelve hundred sixty-one, twelve hundred
52 sixty-one-a and twelve hundred sixty-one-b of this title.
53 2. The fiscal year of the authority, MTA rail, MTA subways, MTA bus,
54 MTA capital construction and MTA bridges and tunnels shall commence on
55 the first day of January in each year and shall terminate at midnight on
56 the ensuing thirty-first day of December.
S. 994 57 A. 1924
1 3. (a) Not later than the first day of May of each year beginning in
2 two thousand five, the auditor general of the authority shall issue a
3 report to the chairman and the executive director detailing the actual
4 revenues for each of the authority, MTA rail, MTA subways, MTA bus, MTA
5 capital construction and MTA bridges and tunnels for the previous fiscal
6 year.
7 (b) Not later than the thirty first day of May of each year beginning
8 in two thousand five, the executive director and the officer responsible
9 for authority finances shall issue a report comparing actual revenues to
10 estimated revenues in the budgets as adopted by the authority, MTA rail,
11 MTA subways, MTA bus, MTA capital construction and MTA bridges and
12 tunnels for the previous fiscal year, accompanied by a detailed listing
13 and an explanation of any variances in excess of one percent of the
14 category of revenues between actual revenues and estimated revenues.
15 This report shall be electronically posted at a location generally
16 available to the public and mailed to the governor, the temporary presi-
17 dent of the senate, the speaker of the assembly, the mayor of the city
18 of New York and the county executives of Nassau, Suffolk, Westchester,
19 Putnam, Dutchess, Rockland and Orange counties.
20 4. Not later than the thirty-first day of July of each year beginning
21 in two thousand five, preliminary budgets for the authority, MTA rail,
22 MTA subways, MTA bus, MTA capital construction and MTA bridges and
23 tunnels shall be submitted to the board of the authority, the governor,
24 the temporary president of the senate, the speaker of the assembly, the
25 mayor of the city of New York and the county executives of Nassau,
26 Suffolk, Westchester, Putnam, Dutchess, Rockland and Orange counties,
27 together with an update of the financial plan previously submitted which
28 includes the next year and three years thereafter. These preliminary
29 budgets and updated financial plan shall also be electronically posted
30 at a location generally available to the public.
31 5. Not later than the thirty first day of August of each year begin-
32 ning in two thousand five, each of the officials that received a copy of
33 the preliminary budgets pursuant to subdivision four of this section may
34 submit to the authority a statement containing an assessment of the
35 preliminary budgets and any comments or recommendations in regard to the
36 preliminary budgets. In preparation of this statement, the officials
37 that received a copy of the preliminary budgets pursuant to this section
38 may conduct one or more public hearings on the preliminary budgets to
39 obtain the views and recommendations of affected communities on the
40 proposals contained in the preliminary budgets.
41 6. Not later than the thirtieth day of November of each year beginning
42 in two thousand five, (a) proposed final budgets for the authority, MTA
43 rail, MTA subways, MTA bus, MTA capital construction and MTA bridges and
44 tunnels for the ensuing fiscal year, and (b) a four year financial plan
45 shall be submitted to the board of the authority, the governor, the
46 temporary president of the senate, the speaker of the assembly, the
47 mayor of the city of New York and the county executives of Nassau,
48 Suffolk, Westchester, Putnam, Dutchess, Rockland and Orange counties.
49 Copies of such proposed final budgets and financial plan shall be print-
50 ed forthwith and electronically posted at a location generally available
51 to the public.
52 7. The four year financial plan shall include the following: (a) for
53 all existing programs, forecasts of expenditures for the ensuing fiscal
54 year and the succeeding three fiscal years; (b) forecasts of revenue by
55 source from existing sources of revenue for the ensuing fiscal year and
56 the succeeding three fiscal years; and (c) for each major new or
S. 994 58 A. 1924
1 expanded program, an indication of when such program is projected to be
2 fully implemented and a forecast of the annual recurring costs for such
3 program or program expansion after it is fully implemented. In the event
4 that such financial plan assumes major changes in the existing levels of
5 service, such plan shall show the expenditures for both the existing
6 levels of service and the assumed levels of service and provide an
7 explanation of such changes.
8 8. The authority shall solicit public comment on the final budgets
9 either as a body or by its finance or other committees in September. The
10 executive director, the officer responsible for authority finances
11 and/or their designees shall be in attendance at any such meeting.
12 9. The officials identified in subdivision six of this section may
13 submit to the board of the authority comments on the final budgets for
14 the authority, MTA rail, MTA subways, MTA bus, MTA capital construction
15 and MTA bridges and tunnels, which comments shall be submitted to the
16 board.
17 10. The board of the authority shall consider the public comment
18 received pursuant to subdivision eight of this section and the recommen-
19 dations submitted pursuant to subdivision nine of this section before
20 adopting final budgets and may make such changes to the final budgets as
21 it deems necessary and prudent. Not later than the thirty-first day of
22 December of each year beginning in two thousand five, the board shall
23 adopt budgets for the authority and its subsidiaries for the upcoming
24 fiscal year. The budgets when adopted by the board shall become effec-
25 tive immediately.
26 11. Not later than ninety days following adoption of the final budg-
27 ets, the authority shall issue an update of the four-year financial plan
28 submitted pursuant to subdivision seven of this section.
29 § 1264-f. MTA - certain lobbying activities. The authority shall adopt
30 guidelines to ensure that bid and proposal documents received by the
31 authority, MTA rail, MTA subways, MTA bus, MTA capital construction and
32 MTA bridges and tunnels for all purchase contracts for supplies, materi-
33 als or equipment involving an estimated expenditure in excess of fifteen
34 thousand dollars and all contracts for public work involving an esti-
35 mated expenditure in excess of twenty-five thousand dollars be required
36 to include the name, address and telephone number of any person or
37 organization retained, employed or designated by or on behalf of the
38 bidder or proposer to attempt to influence any determination made by a
39 member, officer or employee of the authority, MTA rail, MTA subways, MTA
40 bus, MTA capital construction or MTA bridges and tunnels, and that any
41 such bid and proposal documents be supplemented to include the name,
42 address and telephone number of any persons or organizations subsequent-
43 ly retained, employed or designated by or on behalf of the bidder or
44 proposer, with respect to: (a) the solicitation, award or administration
45 of the subject contract; or (b) the preparation of contract specifica-
46 tions. For purposes of this subdivision, bid and proposal documents
47 shall not be required to include the names of persons who communicate
48 with or appear before contracting officers or employees of such entities
49 in the regular course of procurement planning, contract development, the
50 contractor selection process, the administration of a contract, or the
51 audit of a contract, when such communications or appearances are made by
52 such contractors or prospective contractors personally, or through: (i)
53 such officers and employees of the contractors or prospective contrac-
54 tors who are charged with the performance of functions relating to
55 contracts; (ii) subcontractors or prospective subcontractors who are or
56 will be engaged in the delivery of goods, services or construction
S. 994 59 A. 1924
1 pursuant to the contract of such officers and employees of the subcon-
2 tractor or prospective subcontractor who are charged with the perform-
3 ance of functions related to contracts, or (iii) persons who provide
4 technical or professional services on behalf of such contractor,
5 prospective contractor, subcontractor or prospective subcontractor. For
6 purposes of paragraph (iii), (A) "technical services" shall be limited
7 to advice and analysis directly applying any engineering, scientific or
8 other similar technical discipline; (B) "professional services" shall be
9 limited to advice and analysis directly applying any legal, accounting
10 or other similar professional discipline in connection with the follow-
11 ing elements of the procurement process only: dispute resolution, vendor
12 protests, responsiveness and responsibility determinations, determi-
13 nations of prequalification, suspensions, debarments, objections to
14 registration pursuant to this chapter, contract interpretation, negoti-
15 ation of contract terms after the award of a contract, defaults, the
16 termination of contracts and audit of contracts; and (C) "contracting
17 officers or employees" shall not include elected officials or deputies
18 of elected officials or any person not duly authorized to enter into and
19 administer contracts and make determinations with respect thereto.
20 § 1265. MTA bridges and tunnels - creation. 1. There is hereby
21 created, as a subsidiary of the authority, a body corporate and politic
22 constituting a public benefit corporation to be known as "MTA Bridges
23 and Tunnels Company".
24 2. MTA bridges and tunnels, the corporation created by subdivision one
25 of this section, and Triborough Bridge and Tunnel Authority, the corpo-
26 ration created by chapter eight hundred seventy of the laws of nineteen
27 hundred thirty-nine, as amended, are hereby consolidated into a single
28 corporation, which shall be a continuance of the corporate existence of
29 the corporation and authority so consolidated.
30 3. In this section the words "original authority" refers to Triborough
31 Bridge and Tunnel Authority which is consolidated pursuant to subdivi-
32 sion two of this section before its consolidation, and the words
33 "consolidated corporation" refer to the single corporation resulting
34 from consolidation.
35 4. The board of MTA bridges and tunnels shall be the board of the
36 authority and all powers of the consolidated corporation shall be vested
37 in and exercised by said board.
38 5. All property, rights and powers of the original authority are here-
39 by vested in and shall be exercised by the consolidated corporation,
40 subject, however, to all pledges, covenants, agreements and trusts made
41 or created by the original authority.
42 6. All debts, liabilities, obligations, agreements and covenants of
43 the original authority are hereby imposed upon the consolidated corpo-
44 ration.
45 7. All bondholders and other creditors of the original authority and
46 persons having claims against or contracts with the original authority
47 of any kind or character may enforce such debts, claims and contracts
48 against the consolidated corporation in the same manner as they might
49 have against the original authority, and the rights and remedies of such
50 bondholders, creditors and persons having claims or contracts shall not
51 be limited or restricted in any manner by this title.
52 8. In continuing the functions and carrying out the contracts, obli-
53 gations and duties of the original authority, the consolidated corpo-
54 ration is hereby authorized to act in its own name or in the name of the
55 original authority as may be necessary, convenient or desirable.
S. 994 60 A. 1924
1 9. All employees of the original authority shall become employees of
2 the consolidated corporation. Nothing in this title shall affect the
3 civil service status of such employees or their rights, privileges,
4 obligations or status with respect to any pension or retirement system.
5 10. Such corporation and its corporate existence shall continue until
6 all its liabilities have been met and its bonds, notes and other obli-
7 gations have been paid in full or such liabilities or bonds, notes and
8 other obligations have otherwise been discharged, including bonds, notes
9 or other obligations issued by the authority or other MTA agencies that
10 are payable in whole or in part by revenues of MTA bridges and tunnels.
11 When all liabilities incurred by MTA bridges and tunnels of every kind
12 and character have been met and all its bonds, notes and other obli-
13 gations have been paid in full, including bonds, notes or other obli-
14 gations issued by the authority that are payable in whole or in part by
15 revenues of MTA bridges and tunnels, or such liabilities or bonds, notes
16 or other obligations have otherwise been discharged, all rights and
17 properties of MTA bridges and tunnels shall pass to and be vested in the
18 city, except those rights and properties held by it relating to the
19 convention center which shall pass to and be vested in the state. MTA
20 bridges and tunnels shall retain full jurisdiction and control over all
21 its MTA bridges and tunnels projects, with the right and duty to charge
22 tolls and collect revenues therefrom, for the benefit of the holders of
23 any of its bonds, notes or other obligations or other liabilities. Upon
24 MTA bridges and tunnels' ceasing to exist all its remaining rights and
25 properties shall pass to the city, except those rights and properties
26 held by it relating to the convention center which shall pass to the
27 state.
28 11. MTA bridges and tunnels shall be deemed and held to constitute a
29 continuation, as to matters within its jurisdiction, of the department
30 of plant and structures of the city for the purpose of succession to all
31 such of the rights, powers, duties and obligations of the city and of
32 the department of plant and structures of the city as relate to the
33 designing and construction of the MTA bridges and tunnels project.
34 § 1265-a. MTA bridges and tunnels - additional powers. In addition to
35 the powers granted to the authority as set forth in section twelve
36 hundred sixty-e, subdivisions seven, eight and seventeen of section
37 twelve hundred sixty-f, section twelve hundred sixty-l, section twelve
38 hundred sixty-two-h and twelve hundred sixty-two-i of this title that
39 are hereby made applicable to MTA bridges and tunnels, as well as the
40 powers specifically applicable elsewhere in this title, MTA bridges and
41 tunnels shall have power:
42 1. To issue bonds, notes and other obligations for the MTA bridges and
43 tunnels project or for any purpose that the authority is authorized to
44 issue bonds, notes, and other obligations, under the same terms and
45 conditions as the authority, except that the issuance of bonds, notes or
46 other obligations of MTA bridges and tunnels need not be approved by the
47 state comptroller;
48 2. To acquire, in the name of the city, by purchase or condemnation
49 real property or rights or easements therein necessary, convenient or
50 desirable for its corporate purposes, and, except as may otherwise be
51 provided in this section, to use the same so long as its corporate
52 existence shall continue;
53 3. Whenever any real property is determined by MTA bridges and tunnels
54 to be unnecessary for its corporate purpose;
55 (a) to surrender such real property to the city for other public use
56 or purpose of such city, or
S. 994 61 A. 1924
1 (b) to sell and convey or lease on behalf of such city any real prop-
2 erty acquired by the city at the expense of MTA bridges and tunnels. The
3 proceeds of any such sale or lease shall be paid to MTA bridges and
4 tunnels and applied to its corporate purposes;
5 4. Subject to agreements with bondholders, to make rules and regu-
6 lations for the regulation of the use of the MTA bridges and tunnels
7 project and the establishment and collection of tolls thereon.
8 Violations of such rules and regulations shall be a misdemeanor punisha-
9 ble by a fine of not exceeding fifty dollars or by imprisonment for not
10 longer than thirty days, or both, except that violation of any rule or
11 regulation governing or regulating traffic on MTA bridges and tunnels
12 project shall be a traffic infraction as the same is defined in the
13 vehicle and traffic law and shall be punishable as such;
14 5. With the consent of the city to use agents, employees and facili-
15 ties of the city, paying its proper proportion of the compensation or
16 cost, including the use of the corporation counsel as legal adviser;
17 6. To appoint officers, agents and employees and fix their compen-
18 sation; subject, however, to the provisions of the civil service law, as
19 provided in this section;
20 7. Notwithstanding any inconsistent provision of law, the bridge and
21 tunnel officers employed by MTA bridges and tunnels shall have the power
22 to issue simplified traffic informations for traffic infractions as
23 defined in section one hundred fifty-five of the vehicle and traffic
24 law, committed on the sites owned, operated and maintained by MTA bridg-
25 es and tunnels, such informations to be administered pursuant to the
26 provisions of the administrative code of the city of New York or article
27 two-A of the vehicle and traffic law, as applicable;
28 8. To acquire, design, construct, maintain, operate, improve and
29 reconstruct, so long as its corporate existence shall continue, the
30 following MTA bridges and tunnels projects,
31 (a) a bridge heretofore constructed, known as Triborough bridge, over
32 the East river from the borough of Queens to the boroughs of Manhattan
33 and the Bronx, over and across Ward's island and Randall's island in
34 said river, together with such incidental bridges and structures as
35 shall be necessary, convenient or desirable in order to give access from
36 the bridge to both of said islands, together with approaches to said
37 bridges (herein collectively referred to as the "Triborough bridge
38 project"); and
39 (b) a bridge heretofore constructed, known as Bronx-Whitestone bridge,
40 over the East river from a point at or near Whitestone in the borough of
41 Queens to the borough of the Bronx, together with approaches to such
42 bridge (herein collectively referred to as the "Whitestone bridge
43 project");
44 (c) a bridge heretofore constructed, known as Henry Hudson bridge,
45 across the Harlem river ship canal together with approaches to such
46 bridge and together with so much of the parkway known as Henry Hudson
47 parkway as extends southerly from said bridge through Inwood Hill park
48 to the northerly end of Riverside drive, (as it was before the
49 construction of said parkway) (herein collectively referred to as the
50 "Henry Hudson bridge project");
51 (d) a bridge heretofore constructed, known as Marine parkway bridge,
52 to be known hereafter as the Marine parkway-Gil Hodges memorial bridge,
53 from the borough of Brooklyn across the waters of Rockaway inlet in the
54 borough of Queens, together with the approaches to such bridge (herein
55 collectively referred to as the "Marine parkway bridge project");
S. 994 62 A. 1924
1 (e) a bridge heretofore constructed known as Cross Bay parkway bridge,
2 to be known hereafter as the Cross Bay Veterans Memorial bridge, from
3 Big Egg marsh in Jamaica bay in the borough of Queens across the waters
4 of Beach channel to Rockaway peninsula in said borough, together with
5 the parkway known as Cross Bay parkway, of which said bridge is a part,
6 from and including the toll plaza north of said bridge southerly to the
7 right of way of MTA Rail on Rockaway peninsula (herein collectively
8 referred to as the "Cross Bay parkway bridge project");
9 (f) a vehicular tunnel or tunnels heretofore constructed, known as
10 Queens Midtown tunnel, under the East river from the borough of Manhat-
11 tan to the borough of Queens, together with such incidental bridges and
12 tunnels;
13 (g) a vehicular tunnel or tunnels heretofore constructed, known as
14 Brooklyn Battery tunnel, under the East river from the southerly end of
15 the borough of Manhattan to the general vicinity of Hamilton avenue in
16 the borough of Brooklyn, together with such incidental tunnels and such
17 other structures, appurtenances, facilities and approaches as shall be
18 necessary, convenient or desirable;
19 (h) a bridge, heretofore constructed, known as the Verrazano-Narrows
20 bridge, under or across New York bay from the borough of Richmond to the
21 borough of Brooklyn, together with such incidental tunnels, bridges and
22 such other structures, appurtenances, facilities and approaches as shall
23 be necessary, convenient or desirable;
24 (i) bus stations or terminals or automobile parking garages at or in
25 the vicinity of the Manhattan plazas of the Queens Midtown and Brooklyn
26 Battery tunnels. Any such project may, subject to zoning restrictions,
27 include space and facilities for any or all of the following: public
28 recreation, business, trade and other exhibitions, sporting and athletic
29 events, public meetings, conventions and all kinds of assemblages, and
30 in order to obtain additional revenues, space and facilities for busi-
31 ness and commercial purposes. Whenever MTA bridges and tunnels deems it
32 to be in the public interest, MTA bridges and tunnels may lease any such
33 project or any part or parts thereof or contract for the management and
34 operation thereof or of any part or parts thereof. Any such lease or
35 contract may be for a period of not exceeding thirty years, or, if any
36 of the revenues therefrom are or are to be pledged to secure bonds then
37 such lease or contract may be for a period extending not later by more
38 than one year than the last maturity of such bonds;
39 (j) a bridge, known as the Throgs Neck bridge, across the East river
40 between the boroughs of the Bronx and Queens, east of the Bronx-White-
41 stone bridge, together with such incidental bridges and other struc-
42 tures, appurtenances, facilities and approaches as shall be necessary,
43 convenient or desirable;
44 (k) subject to section twelve hundred sixty-five-b of this title, a
45 convention and exhibition center, including facilities ancillary or
46 functionally related thereto, built in New York county at a location
47 generally bounded by thirty-ninth street on the north, thirtieth street
48 on the south, eleventh avenue on the east and twelfth avenue on the west
49 (herein referred to as the convention center);
50 (l) in MTA bridges and tunnels' discretion and subject to and in
51 accordance with all contract provisions with respect to any bonds, notes
52 or other obligations and the rights of the holders of bonds, notes and
53 other obligations (i) the planning for and the design, acquisition,
54 construction, improvement, reconstruction or rehabilitation, in the name
55 of MTA bridges and tunnels, of any capital asset, whether in the nature
56 of personal or real property (or any interest therein) which is used or
S. 994 63 A. 1924
1 useful for a transportation purpose other than a marine or aviation
2 purpose (and in the case of such assets then owned, operated by or under
3 lease to an MTA agency, the receipt by MTA bridges and tunnels of the
4 use, occupancy, control or possession of such assets for the purpose of
5 planning, designing, constructing, improving, reconstructing or rehabil-
6 itating the same) and the transfer or transfer back of such asset to the
7 MTA agency or other designee for a nominal consideration upon its acqui-
8 sition or upon the completion of such improvement, construction, recon-
9 struction or rehabilitation; or, alternatively or in combination with
10 the foregoing, (ii) the making of capital grants to the requesting MTA
11 agency to permit it to undertake and to finance or refinance such plan-
12 ning, design, acquisition, improvement, construction, reconstruction or
13 rehabilitation, or, alternatively or in combination with the foregoing,
14 (iii) the financing or refinancing of all or any part of the costs to
15 MTA bridges and tunnels or to any other person or entity, public or
16 private, of such planning, design, acquisition, construction, improve-
17 ment, reconstruction or rehabilitation of any such capital asset through
18 or accompanied by a sale, lease or other transfer of the asset to, by or
19 through such person or entity or through or accompanied by a sale, lease
20 or transfer of the asset to any entity, public or private, upon such
21 terms and conditions as may be acceptable to MTA bridges and tunnels.
22 MTA bridges and tunnels shall have no obligation to operate or, except
23 as may otherwise be provided in any lease to which it may be a party as
24 aforesaid, repair or maintain any capital asset after its acquisition,
25 construction, improvement, reconstruction or rehabilitation and subse-
26 quent transfer, lease or sublease, nor shall it be liable to the trans-
27 feree, lessee or sublessee by reason of any warranty, express or
28 implied, in respect thereof. Warranties furnished in connection with
29 such acquisition, improvement, construction, reconstruction or rehabili-
30 tation shall be assignable and assigned as directed by the MTA agency
31 and approved by MTA bridges and tunnels. The word "approaches" shall
32 include all structures necessary, convenient or desirable to give access
33 to the project from connecting streets and roads;
34 9. In MTA bridges and tunnels' discretion:
35 (a) in the case of the Triborough bridge project and the Whitestone
36 bridge project to pay to the city not exceeding thirty-five per centum
37 of the cost (including awards for damages and expenses) of the acquisi-
38 tion of land for the widening of existing roads, streets, parkways or
39 avenues and for new roads, streets, parkways or avenues, connecting with
40 the approaches;
41 (b) to purchase from the persons, partnerships, associations or corpo-
42 rations who were the owners of any land acquired for the widening of
43 existing roads, streets, parkways or avenues or for new roads, streets,
44 parkways or avenues connecting with the approaches or of any interest in
45 such land at the date title to such land was vested in the city in any
46 proceeding heretofore or hereafter instituted for the acquisition there-
47 of by condemnation, or from their successors in interest or legal repre-
48 sentatives, their right, title, interest and/or claim in and to the
49 award or awards or any part thereof to be made in such proceeding after
50 the date of such purchase, and to take an assignment thereof to MTA
51 bridges and tunnels, provided, however, that in the case of the Tribor-
52 ough bridge project and the Whitestone bridge project the aggregate
53 amount expended by MTA bridges and tunnels on account of all such
54 purchases together with the aggregate amount paid to the city in accord-
55 ance with paragraph (a) of this subdivision, shall not exceed thirty-
56 five per centum of the cost (including awards for damages and expenses)
S. 994 64 A. 1924
1 of the acquisition of land for the widening of existing roads, streets,
2 parkways or avenues, and for new roads, streets, parkways or avenues,
3 connecting with the approaches; and
4 (c) with the consent of the city to construct and develop for the
5 purpose of public parks so much of the area of lands, selected as in
6 this title provided, or otherwise acquired or to be acquired and used in
7 connection with the project and with new or existing roads, streets,
8 parkways or avenues connecting with such projects, and so much of the
9 area of lands now owned by the city to be used in connection with such
10 projects or with new or existing roads, streets, parkways or avenues
11 connecting with such projects, as shall be agreed upon under a contract
12 or contracts hereby authorized to be entered into between MTA bridges
13 and tunnels and the city, at the sole expense of MTA bridges and tunnels
14 and done under construction contracts let and supervised by MTA bridges
15 and tunnels, pursuant to plans and specifications prepared by MTA bridg-
16 es and tunnels, the commissioner of parks and recreation of the city or
17 other agency. The city shall maintain such connecting roads, streets,
18 parkways and avenues as provided by law. The public parks and the park-
19 ways referred to in this subdivision as connecting with the approaches,
20 any part of the cost of which is paid by MTA bridges and tunnels, shall
21 be under the jurisdiction of the department of parks and recreation of
22 the city and shall be maintained by that department. Service roads
23 appurtenant to said parkways shall be under the jurisdiction of the city
24 commissioner of transportation and shall be maintained by him or her;
25 10. To design and with the consent of the city, to construct new
26 parks, parkways or highways or improvements to existing parks, parkways
27 or highways either connecting directly or indirectly with the project or
28 for the purpose of attracting or facilitating traffic or improving
29 approaches to and connections with the MTA bridges and tunnels project.
30 MTA bridges and tunnels shall have no jurisdiction or control over any
31 new parks, parkways or highways constructed by it pursuant to the
32 provisions of this subdivision after the completion of the construction
33 thereof. The general powers conferred in this subdivision shall include
34 the power heretofore conferred on the parkway authority to construct a
35 northerly extension of Cross Bay parkway in the borough of Queens, as
36 authorized in section five hundred fifty-three of this chapter, and such
37 general powers shall not be construed to be limited by the provisions of
38 this act granting the power to construct any particular improvement, but
39 shall be construed as an extension of the powers of MTA bridges and
40 tunnels;
41 11. (a) To charge tolls, fees or rentals for the use of the MTA bridg-
42 es and tunnels project, subject to and in accordance with such agreement
43 with bondholders as may be made as provided in this subdivision. The
44 toll rates charged for the use of either the Triborough or Whitestone
45 bridge project shall, however, never be less than the toll rates charged
46 for the use of the other, and this clause shall be deemed an obligation
47 to the holders of any and all bonds at any time issued secured by the
48 revenues of said MTA bridges and tunnels projects. Subject to contracts
49 with bondholders, all tolls and other revenues derived from any MTA
50 bridges and tunnels project shall be applied to the payment of operat-
51 ing, administration and other necessary expenses of MTA bridges and
52 tunnels properly chargeable to such MTA bridges and tunnels project and
53 thereafter to the payment of interest or principal of bonds or for
54 making sinking fund payments for bonds, not otherwise adequately
55 provided for, whether issued in connection with such MTA bridges and
56 tunnels project or any other project. It is the intention hereof that
S. 994 65 A. 1924
1 surplus funds from any MTA bridges and tunnels project remaining after
2 providing for the payment of all operating, administration and other
3 necessary expenses of MTA bridges and tunnels and all contract
4 provisions with respect to any bonds, may be used to meet obligations
5 incurred for other transportation projects and if not so used or
6 reserved for such use shall be transferred to the authority. Subject to
7 contracts with bondholders, MTA bridges and tunnels may treat one or
8 more MTA bridges and tunnels projects as a single enterprise in respect
9 of revenues, expenses, the issuance of bonds, maintenance, operation or
10 other purposes.
11 (b) Fare media for residents of the county of Richmond shall entitle
12 the purchaser to crossings over the Verrazano-Narrows bridge at a
13 reduced cost of eighty per centum of the regular crossing fare imposed
14 on nonresidents of the county of Richmond. In the event MTA bridges and
15 tunnels shall impose a surcharge in addition to the regular toll for
16 crossings over the Verrazano-Narrows bridge, such surcharge shall not be
17 deemed a part of the regular crossing fare for purposes of this subdivi-
18 sion. Application for such fare media shall be made in such manner as
19 prescribed by MTA bridges and tunnels and shall contain such information
20 as MTA bridges and tunnels may reasonably require.
21 (c) Fare media for residents of Broad Channel and the Rockaway penin-
22 sula shall entitle the purchaser to crossings over the Cross-Bay Veter-
23 ans' Memorial bridge and the Marine Parkway bridge at a reduced cost of
24 sixty-six and two-thirds per centum of the regular crossing fare imposed
25 on nonresidents of Broad Channel and the Rockaway peninsula. In the
26 event MTA bridges and tunnels shall impose a surcharge in addition to
27 the regular toll for crossings over the Cross-Bay Veterans' Memorial
28 bridge and the Marine Parkway bridge, such surcharge shall not be deemed
29 a part of the regular crossing fare for purposes of this subdivision.
30 Application for such fare media shall be made in such manner as
31 prescribed by MTA bridges and tunnels and shall contain such information
32 as MTA bridges and tunnels may reasonably require.
33 12. To construct and maintain over, under, along or across the project
34 telephone, telegraph, or electric wires and cables, gas mains, water
35 mains and other mechanical equipment not inconsistent with the appropri-
36 ate use of the project, to contract for such construction and to lease
37 the right to construct and/or use the same on such terms and for such
38 considerations as it shall determine;
39 13. To construct and maintain facilities for the public, not incon-
40 sistent with the use of the project, to contract for such construction,
41 and to lease the right to construct and/or use such facilities on such
42 terms and for such considerations as it shall determine;
43 14. To enter on any lands, waters, and premises for the purpose of
44 making surveys, soundings and examinations;
45 15. With the consent of the city and notwithstanding any other
46 provision of law, whenever real property having dwellings or other
47 structures thereon has been acquired by MTA bridges and tunnels or the
48 city for the purpose of constructing any project authorized by this
49 title, (a) to acquire real property by purchase, gift, devise or condem-
50 nation in the manner provided in this title, and as the agent of the
51 city, for the purpose of providing new sites on which such dwellings or
52 other structures may be relocated; (b) to sell such dwellings or other
53 structures or to provide for the removal, relocation and improvement of
54 such dwellings or other structures on new foundations at such new sites
55 by contract or by its own labor force or by a combination of methods;
56 (c) to contract for the installation of water, sewer, gas and electrical
S. 994 66 A. 1924
1 facilities and other necessary appurtenances required for the completion
2 and restoration of such dwellings or other structures; (d) to landscape
3 such new sites; (e) to contract with any person, firm or corporation or
4 with the city for the improvement or installation of streets, sewers,
5 water lines or other facilities in connection with the relocation of
6 such dwellings or other structures and to pay the cost thereof; (f) to
7 contract with the several owners of such property for the conveyance of
8 the new sites with improvements thereon to such owner in settlement in
9 part or in whole of the compensation and damage to which they are enti-
10 tled; and (g) to sell such sites with or without dwellings or other
11 structures and improvements thereon.
12 MTA bridges and tunnels may agree with the owners of property
13 acquired, in settlement in part or in whole of the damages to which they
14 are entitled, to compensate such owners for the cost of acquiring new
15 sites, removing dwellings thereto on new foundations, the installation
16 of water, sewer, gas and electrical facilities and other necessary
17 appurtenances required for the complete restoration of such dwellings or
18 other structures and landscaping of the new site.
19 For the purposes of this subdivision, the term "structures" shall mean
20 and include buildings used as and for hospitals, schools, community and
21 religious institutions, cultural and recreational and other neighborhood
22 and community facilities, but shall exclude retail stores, factories and
23 commercial and industrial establishments of any kind.
24 16. To do all things necessary, convenient or desirable to carry out
25 the powers expressly given in this title and to assist and cooperate
26 with the authority to carry out the powers of the authority in further-
27 ance of the purposes and powers of MTA bridges and tunnels as provided
28 in this article, including, without limitation, the transactions
29 described in sections twelve hundred sixty-e, twelve hundred sixty-f,
30 twelve hundred sixty-l, twelve hundred sixty-two-h and twelve hundred
31 sixty-two-i of this title.
32 17. A copy of any report submitted by MTA bridges and tunnels pursuant
33 to sections twenty-eight hundred, twenty-eight hundred one and twenty-
34 eight hundred two of this chapter shall be submitted contemporaneously
35 to the mayor.
36 18. To acquire in its own name certain real or personal property, or
37 any interest therein, including leasehold interests, air and subsurface
38 rights, easements and lands under water at a site located in New York
39 county and generally bounded by thirty-third street on the north, thir-
40 tieth street on the south, tenth avenue on the east and eleventh avenue
41 on the west, such property or any interest therein to be acquired for
42 railroad or other corporate purposes, and in the event such real or
43 personal property or any interest therein is determined by MTA bridges
44 and tunnels to be unnecessary for railroad or other corporate purposes,
45 to sell, convey or lease in its own name such real or personal property
46 or any interest therein.
47 19. In addition to the powers contained elsewhere in this title with
48 respect to the projects authorized by paragraph (l) of subdivision eight
49 of this section, and subject to the application of the revenues and
50 other monies and assets of MTA bridges and tunnels pursuant to section
51 twelve hundred sixty-two-i of this title, MTA bridges and tunnels may
52 issue its bonds, notes and other obligations to finance such projects
53 payable from and secured by all or any part of the monies received by
54 MTA bridges and tunnels from the metropolitan transportation authority
55 special assistance fund established under section twelve hundred sixty-
56 two-a of this title, provided however, that such bonds, notes and other
S. 994 67 A. 1924
1 obligations may also be payable from and secured by any other monies,
2 securities and funds designated by MTA bridges and tunnels or the
3 authority as additional security therefor. Such bonds, notes or other
4 obligations shall be issued in the manner provided in sections twelve
5 hundred sixty-two-h and twelve hundred sixty-two-i of this title.
6 § 1265-b. MTA bridges and tunnels - additional powers and provisions
7 in relation to convention center. 1. In relation to the convention
8 center and for the purpose of effectuating the development of the same,
9 MTA bridges and tunnels shall have power, in its discretion and subject
10 to and in accordance with all contract provisions with respect to any
11 bonds and the rights of the holders of bonds, to:
12 (a) Finance all or any part of the costs of and incidental to studies,
13 the site acquisition, planning, design, construction and development of
14 the convention center, through the issuance of its negotiable notes or
15 bonds or other obligations;
16 (b) Lease in its own name the convention center from a subsidiary of
17 the New York state urban development corporation as "subsidiary" is
18 defined in the New York state urban development corporation act (such
19 subsidiary being herein referred to as the development corporation) for
20 studies, site acquisition, planning, design, construction and develop-
21 ment of the convention center, and sublease its interest therein to the
22 state (acting by and through the commissioner of general services), each
23 of such lease and sublease to be upon such terms and conditions as the
24 parties thereto shall agree, provided that (i) such lease shall (A)
25 provide for an initial lump-sum rental in the amount of the aggregate of
26 those costs of and incidental to the studies, site acquisition, plan-
27 ning, design, construction and development of the convention center
28 theretofore temporarily financed by the state and for a nominal rental
29 thereafter, (B) provide to the lessee the option to purchase for a nomi-
30 nal price the leased property in its own name at the expiration or
31 earlier termination of the term of the lease, and (C) relieve the devel-
32 opment corporation of any obligation to operate, repair, maintain or
33 reconstruct the convention center, and (ii) such sublease shall (A)
34 provide for rental payments equal to the amount needed to pay debt
35 service on said notes, bonds or other obligations as the same becomes
36 due, (B) provide that the obligations of the state to make such rental
37 payments shall not constitute a debt of the state within the meaning of
38 any constitutional or statutory provision and shall be deemed executory
39 only to the extent of monies made available to the state, and that no
40 liability on account thereof shall be incurred by the state beyond the
41 monies available for the purpose thereof, (C) provide to the sublessee
42 the option to purchase for a nominal price any interest of MTA bridges
43 and tunnels in the subleased property at the expiration or earlier
44 termination of the term of the sublease, and (D) relieve MTA bridges and
45 tunnels of any obligation to operate, repair, maintain or reconstruct
46 the convention center;
47 (c) Agree with the development corporation (in the lease referred to
48 in paragraph (b) of this subdivision or by separate agreement) to make
49 payments to the development corporation from the proceeds of the sale of
50 the obligations referred to in paragraph (a) of this subdivision upon
51 requisition therefor by the development corporation, in an aggregate
52 amount equal to the costs of and incidental to the studies, site acqui-
53 sition, planning, design, construction and development of the convention
54 center less the amount theretofore paid to the development corporation
55 as rentals under the lease referred to in paragraph (b) of this subdivi-
56 sion; and
S. 994 68 A. 1924
1 (d) Additionally participate in the site acquisition, planning,
2 design, construction and development of the convention center through
3 representation on the board of directors of the development corporation.
4 2. Bonds, notes or other obligations issued for the purposes enumer-
5 ated in paragraph (a) of subdivision one of this section shall be issued
6 in the manner provided in section twelve hundred sixty-two-h of this
7 title, subject only to the following limitations:
8 (a) The aggregate principal amount of such bonds, notes or other obli-
9 gations shall not exceed three hundred seventy-five million dollars
10 ($375,000,000), excluding bonds, notes or other obligations issued to
11 refund or otherwise repay bonds, notes or other obligations theretofore
12 issued for such purposes; provided, however, that upon any such refund-
13 ing or repayment the total aggregate principal amount of outstanding
14 bonds, notes or other obligations may be greater than three hundred
15 seventy-five million dollars ($375,000,000) only if the present value of
16 the aggregate debt service of the refunding or repayment bonds, notes or
17 other obligations to be issued shall not exceed the present value of the
18 aggregate debt service of the bonds, notes or other obligations so to be
19 refunded or repaid. For purposes of this paragraph, the present values
20 of the aggregate debt service of the refunding or repayment bonds, notes
21 or other obligations and of the aggregate debt service of the bonds,
22 notes or other obligations so refunded or repaid, shall be calculated by
23 utilizing the effective interest rate of the refunding or repayment
24 bonds, notes or other obligations, which shall be that rate arrived at
25 by doubling the semi-annual interest rate (compounded semi-annually)
26 necessary to discount the debt service payments on the refunding or
27 repayment bonds, notes or other obligations from the payment dates ther-
28 eof to the date of issue of the refunding or repayment bonds, notes or
29 other obligations and to the price bid including estimated accrued
30 interest or proceeds received by MTA bridges and tunnels including esti-
31 mated accrued interest from the sale thereof; and
32 (b) Bonds issued for such purposes may be issued as a single issue or
33 in series from time to time provided that (i) such issue or each such
34 series shall be scheduled to mature over a term of not less than twenty
35 and not more than forty years, (ii) with respect to bonds issued prior
36 to the date of completion of the convention center, as estimated by MTA
37 bridges and tunnels, any principal payments or principal installments to
38 be made or provided for shall commence not later than two years follow-
39 ing the estimated date of such completion, (iii) with respect to bonds
40 issued on or after the date of completion of the convention center, as
41 certified by MTA bridges and tunnels, and principal payments or princi-
42 pal installments to be made or provided for shall commence not later
43 than one year following the date of issue of such bonds, and (iv) the
44 aggregate amount of principal and interest or principal installments and
45 interest payable in each year during which such principal payments or
46 installments are made or provided for shall, (A) with respect to such
47 issue, or (B) with respect to each such series or the aggregate of all
48 such series, as MTA bridges and tunnels shall elect, be as nearly equal
49 as practicable.
50 3. MTA bridges and tunnels shall have power to enter into such other
51 agreements with the city, the state, the New York state urban develop-
52 ment corporation and the development corporation to effectuate the
53 provisions of this title, and to perform any act or thing, transfer such
54 rights or interests and execute and deliver such instruments, documents
55 or papers as it may deem necessary, convenient or desirable to carry out
56 any of the foregoing. The powers conferred in this section shall be in
S. 994 69 A. 1924
1 addition to and not in limitation of the other powers conferred in this
2 title.
3 § 1265-c. MTA bridges and tunnels - construction contracts. MTA bridg-
4 es and tunnels shall do all construction pursuant to a contract or
5 contracts in the manner, so far as practicable, provided in the New York
6 city charter for contracts of such city except that where the estimated
7 expense of a contract does not exceed fifty thousand dollars such
8 contract may be entered into without public letting, but failure to
9 comply with this section shall not invalidate such contracts.
10 § 1265-d. MTA bridges and tunnels - additional agreements of the state
11 with owners of bonds, notes and other obligations. 1. The state does
12 pledge to and agree with the owners of bonds, notes and other obli-
13 gations that the state will not limit or alter the rights vested by this
14 title in MTA bridges and tunnels to maintain, reconstruct and operate
15 the MTA bridges and tunnels project, to establish and collect such
16 charges and tolls as may be necessary, convenient or desirable to
17 produce sufficient revenue to meet the expense of maintenance and opera-
18 tion and to fulfill the terms of any agreements made with the owners of
19 the bonds, notes and other obligations or in any way impair the rights
20 and remedies of the owners, until the bonds, notes and other obli-
21 gations, together with interest thereon, with interest on any unpaid
22 installments of interest, and all costs and expenses in connection with
23 any action or proceedings by or on behalf of the owners, are fully met
24 and discharged.
25 2. The state of New York does covenant and agree with the owners of
26 any bonds, notes and other obligations that no tunnel, bridge, parkway,
27 causeway, street, road, highway or other connection for vehicular traf-
28 fic (other than one of the MTA bridges and tunnels projects), which will
29 be competitive with the Triborough bridge project or the Whitestone
30 bridge project or the Throgs Neck bridge project or the Marine parkway
31 bridge project or the Cross Bay parkway bridge project will be
32 constructed or maintained until the bonds, notes and other obligations,
33 together with interest thereon, interest on any unpaid installments of
34 interest, and all costs and expenses in connection with any action or
35 proceedings by or on behalf of the owners, are fully met and discharged;
36 provided that a tunnel, bridge, parkway, causeway, street, road, highway
37 or other connection for vehicular traffic shall be considered as compet-
38 itive with the Triborough bridge project or Whitestone bridge project or
39 the Throgs Neck bridge project only if it shall form a connection for
40 vehicular traffic over, under, or across the East river north of an
41 extension to the east of the center line of Seventy-third street in the
42 borough of Manhattan, and shall be considered as competitive with the
43 Marine parkway bridge project or Cross Bay parkway bridge project only
44 if such tunnel, bridge, parkway, causeway, street, road, highway or
45 other connection for vehicular traffic shall form a connection for
46 vehicular traffic with Rockaway peninsula across any part of the waters
47 of Jamaica bay or Rockaway inlet west of seventy-three degrees, forty-
48 six minutes of west longitude. The covenant contained in this subdivi-
49 sion restricting competitive traffic connections with any project or
50 projects shall be only for the benefit of the owners of bonds, notes and
51 other obligations secured in whole or in part by the pledge of the
52 revenues of such project or projects.
53 3. The state does pledge to and agree with the owners of any bonds,
54 notes and other obligations that no tunnel, bridge, parkway, causeway,
55 street, road, highway or other connection for vehicular traffic, which
56 will be competitive with the Queens Midtown tunnel or the Brooklyn
S. 994 70 A. 1924
1 Battery tunnel or the Verrazano-Narrows bridge will be constructed;
2 provided that a tunnel, bridge, parkway, causeway, street, road, highway
3 or other connection for vehicular traffic shall be considered as compet-
4 itive if it shall form a connection for vehicular traffic over, under or
5 across the East river south of the Queensboro bridge, or, if it shall
6 form a connection for vehicular traffic between the boroughs of Manhat-
7 tan, Brooklyn or Richmond over, under or across New York bay. The coven-
8 ant contained in this subdivision restricting competitive traffic
9 connections with any project or projects shall be only for the benefit
10 of the owners of bonds, notes and other obligations secured in whole or
11 in part by the pledge of the revenues of such project or projects and
12 subject to and in accordance with all contract provisions with respect
13 to any outstanding bonds, notes and other obligations and the rights of
14 the owners of such bonds, notes and other obligations, the covenant
15 contained in this subdivision shall not be deemed to prevent the
16 construction of any bridge or tunnel exclusively for railway rapid tran-
17 sit purposes.
18 § 1265-e. MTA bridges and tunnels - protection of owners of bonds,
19 notes and other obligations. Nothing contained in this title shall be
20 deemed to limit or alter in any way the rights and obligations of MTA
21 bridges and tunnels to establish and collect such tolls, fees, rentals
22 and other charges as may be necessary or required to produce sufficient
23 revenues to meet and to fulfill the terms and provisions of the
24 contracts made with the owners of bonds, notes and other obligations or
25 in any way impair the constitutional rights of the owners of the bonds,
26 notes and other obligations.
27 § 1266. MTA bridges and tunnels - transportation projects. 1. In its
28 performance of any project authorized by paragraph (l) of subdivision
29 eight of section twelve hundred sixty-five-a of this title (each of such
30 projects being referred to in this section as a "transportation
31 project"), MTA bridges and tunnels shall have no obligation to operate
32 or, except as may otherwise be provided in any lease to which it may be
33 a party as provided in this section, repair or maintain any transporta-
34 tion project or part thereof subsequent to its completion nor shall it
35 be liable to the transferee, lessee or sublessee by reason of any
36 warranty, express or implied, in respect thereof. Warranties furnished
37 in connection with such transportation project shall be assignable and
38 assigned as directed by MTA bridges and tunnels.
39 2. In connection with any transportation project, and in order to
40 effectuate the purposes of this section, MTA bridges and tunnels shall,
41 subject to the provisions of this section, have all of the powers
42 provided elsewhere in this title, and, in addition, MTA bridges and
43 tunnels may:
44 (a) issue its bonds, notes or other obligations to finance all or any
45 part of the costs of the project;
46 (b) finance all or any part of the costs to the MTA agencies or to any
47 other person or entity, public or private, of such project through, or
48 accompanied by, a sale, lease or other transfer of such project or any
49 part thereof to, by or through such person or entity or through or
50 accompanied by a sale, lease or transfer to any entity, public or
51 private, upon such terms and conditions as may be acceptable to MTA
52 bridges and tunnels;
53 (c) issue its bonds, notes or other obligations to defease the lien
54 of, refund, redeem or otherwise repay any outstanding bonds, notes or
55 other obligations of the MTA agencies which in the judgment of MTA
S. 994 71 A. 1924
1 bridges and tunnels would otherwise delay, impede or prevent its financ-
2 ing a transportation project;
3 (d) notwithstanding and in addition to any provisions for the redemp-
4 tion of such bonds or notes which may be contained in any contract with
5 the owners thereof, the city may, upon furnishing sufficient funds
6 therefor, require MTA bridges and tunnels to redeem as a whole any issue
7 of such bonds or notes at the time or times and at the place or places
8 and in accordance with the terms upon which such bonds or notes are
9 redeemable;
10 (e) accept from the MTA agency or its subsidiary or from the city,
11 acting by its mayor alone, or from any other entity, a transfer of title
12 to or the use, occupancy, control or possession of any real or personal
13 property (or any interest therein) needed or useful for or in connection
14 with any transportation project;
15 (f) obtain security for the payment by the MTA agency or its subsid-
16 iary of its bonds, notes or other obligations, including a pledge of all
17 or any part of any of their revenues, which pledge may contain covenants
18 with respect to the charging and fixing of fares, fees and rentals, the
19 use and disposition of such fares, fees, rentals and other revenues, and
20 the setting aside of reserves therefrom;
21 (g) with the consent of the MTA agency or its designated subsidiary,
22 use, with or without compensation, its agents, employees and facilities;
23 and
24 (h) apply for, accept, enter into contracts for, administer and
25 disburse any federal, state or local aid or assistance, subject to the
26 terms and conditions thereof, which may be available for any subway
27 project or city bus project.
28 3. All of the provisions of this title not inconsistent with the
29 provisions of this section shall be applicable with respect to any
30 bonds, notes or other obligations of MTA bridges and tunnels issued or
31 entered into to finance any transportation project, or to defease the
32 lien of, refund or otherwise repay outstanding bonds, notes or other
33 obligations of MTA bridges and tunnels.
34 4. Neither the provisions of section one hundred ninety-seven-c of the
35 New York city charter, relating to a uniform land use review procedure,
36 nor the provisions of any other local law of the city of like or similar
37 tenor or import shall apply (a) to the acquisition of any real property
38 (or any interest therein) for the purposes of any transportation project
39 located within the city; (b) to the subsequent transfer of any real
40 property (or interest therein) so acquired to any MTA agency for the
41 purposes of any such project or to the transfer to the MTA agency for
42 such purposes of any real property (or interest therein) then owned by
43 the city or by another MTA agency; nor (c) to the transfer to an MTA
44 agency for such purposes of the right of use, occupancy, control or
45 possession of any real property (or interest therein), whether presently
46 owned or hereafter acquired by the city or by another MTA agency;
47 provided in each such case, however, that if at the time of such
48 proposed acquisition or transfer the real property which is the subject
49 of such acquisition or transfer is not then being utilized for a subway,
50 omnibus or transportation purpose or is not an insubstantial addition to
51 such property contiguous thereto; the MTA agency proposing to acquire or
52 receive such property shall, unless a submission with respect to such
53 property has previously been made and approved as herein provided,
54 submit to the community board for the community district in which such
55 property is located, data with respect to the proposed use of such prop-
56 erty and to the design of any facility proposed to be constructed there-
S. 994 72 A. 1924
1 on; such community board shall inform the city council, with copies to
2 the city planning commission of the city, of its views and recommenda-
3 tions with respect thereto within forty-five days of such submission,
4 and if the community board shall fail to so inform the city council
5 within such period it shall be deemed to have recommended the proposal;
6 and the city council shall, within the earlier of forty-five days after
7 the community board's recommendation, or forty-five days after the
8 community board's time to recommend has expired, approve or disapprove
9 such acquisition or transfer, and if the city council shall fail to act
10 within such forty-five day period, it shall be deemed to have approved
11 the same.
12 5. In its performance of any transportation project, MTA bridges and
13 tunnels shall not be deemed the agent or instrumentality of any munici-
14 pal corporation or any other MTA agency notwithstanding the fact that
15 title to any real or personal property (or any interest therein) which
16 is the subject of or is a part of such project is held by or upon
17 completion of such project is to be transferred to such other entity.
18 6. MTA bridges and tunnels, in addition to the powers provided else-
19 where in this title, shall possess all of the powers, rights and privi-
20 leges of the MTA agencies and their designated subsidiaries in
21 connection with the undertaking by MTA bridges and tunnels of any trans-
22 portation project. MTA bridges and tunnels, upon suitable notice to and
23 an offer to consult with an officer designated by the city, may occupy
24 the streets of the city for the purpose of doing any work over or under
25 the same in connection with any transportation project without the
26 consent of or payment to such city.
27 7. Except as may otherwise be provided in any lease or other contrac-
28 tual arrangement to which MTA bridges and tunnels is a party, after the
29 transfer, transfer back, lease or sublease by an MTA agency or its
30 designee of any transportation project or part thereof, actions for
31 damages for injuries to real or personal property or for the destruction
32 thereof, or for personal injuries or death, based upon the use, condi-
33 tion or state of such project or part thereof may not be instituted
34 against MTA bridges and tunnels, which shall have no liability or
35 responsibility to the transferee, lessee or sublessee or to third
36 parties therefor.
37 8. Except as MTA bridges and tunnels shall otherwise agree, title to
38 any transportation project or any part thereof or interest therein which
39 shall have been transferred, leased or subleased to an MTA agency, shall
40 remain in such transferee, lessee or sublessee any provision of the
41 former title nine of this article or of any lease or other agreement
42 entered into under the provisions of this article to the contrary
43 notwithstanding.
44 9. The providing of any transportation project shall not relieve the
45 city of its obligations under law and by lease to pay the capital costs
46 of MTA subway and MTA bus and their subsidiaries.
47 10. No transportation project to be constructed or operated upon real
48 property theretofore used for a subway, omnibus or other transportation
49 purpose, or on an insubstantial addition to such property contiguous
50 thereto, which will not change in a material respect the general charac-
51 ter of such prior use, nor any acts or activities by the MTA agencies or
52 any state or local governmental entity in connection with such project,
53 shall be subject to the provisions of article eight, nineteen, twenty-
54 four or twenty-five of the environmental conservation law, or to any
55 local law or ordinance adopted pursuant to any such article. Nor shall
56 any transportation project or any acts or activities in connection ther-
S. 994 73 A. 1924
1 ewith taken by the MTA agencies or by any other person or entity, public
2 or private, pursuant to this section be subject to the provisions of
3 article eight of the environmental conservation law if such project,
4 acts or activities require the preparation of a statement under or
5 pursuant to any federal law or regulation as to the environmental impact
6 thereof.
7 11. The provisions of this section and of all agreements undertaken by
8 MTA agencies in accordance therewith shall in all respects be subject to
9 the rights of the owners of any outstanding bonds, notes and other obli-
10 gations of such MTA agency.
11 12. In connection with the negotiation, award and implementation of
12 contracts of MTA bridges and tunnels relating to any project hereafter
13 initiated pursuant to paragraph (l) of subdivision eight of section
14 twelve hundred sixty-five-a of this title, the provisions of section
15 twelve hundred sixty-k of this title shall apply to MTA bridges and
16 tunnels.
17 § 1266-a. MTA bridges and tunnels - lands, easements and rights in
18 land. 1. Lands in fee simple, easements and rights in land, including
19 the right to cut off light, air and access (any and all of which are in
20 this section referred to as "lands") shall be acquired as provided in
21 this section for the MTA bridges and tunnels project and other author-
22 ized purposes.
23 2. MTA bridges and tunnels may acquire lands for said project in the
24 name of the city at the cost and expense of MTA bridges and tunnels by
25 purchase or condemnation pursuant to the condemnation law. MTA bridges
26 and tunnels shall have the use and occupancy of such lands so long as
27 its corporate existence shall continue.
28 3. The city may, by order of the mayor, or by deed authorized by the
29 mayor, convey, with or without consideration, to MTA bridges and tunnels
30 for the MTA bridges and tunnels project the use and occupancy, for so
31 long as its corporate existence shall continue, of any lands then owned
32 by the city including lands which, by any other law, are inalienable by
33 the city, and such conveyance may reserve to the city such rights as
34 shall not restrict MTA bridges and tunnels in the construction, recon-
35 struction, operation and maintenance of the MTA bridges and tunnels
36 project.
37 4. The city may acquire lands in the name of the city for the project
38 or for the widening of existing roads, streets, parkways, avenues or
39 elevated highways or for new roads, streets, parkways, avenues or
40 elevated highways connecting with said project, or partly for such
41 purposes and partly for other city purposes, by purchase or condemnation
42 in the manner provided by law for the acquisition of land by the city.
43 Contracts may be entered into between the city and MTA bridges and
44 tunnels providing for the lands to be acquired by the city, and the part
45 or proportion of the cost and expense to be paid by MTA bridges and
46 tunnels, the balance to be paid by the city, and terms and conditions of
47 payment to be made by MTA bridges and tunnels. Such contracts may also
48 determine the improvements and construction to be done by MTA bridges
49 and tunnels. Such roads, streets, parkways, avenues and elevated high-
50 ways connecting with the project shall be operated, maintained, and
51 reconstructed by the city, and except for the original construction and
52 improvement thereof by MTA bridges and tunnels, the city shall have
53 exclusive jurisdiction over them.
54 5. The mayor may authorize a contract between the city and MTA bridges
55 and tunnels and no other authorization on the part of the city for such
56 a contract shall be necessary. Any such contract may be so authorized
S. 994 74 A. 1924
1 and entered into by the city and the payments required to be made by the
2 city may be made and financed notwithstanding that no provision therefor
3 shall have first been made in the capital budget of the city. All
4 contractual or other obligations of the city incurred in carrying out
5 the provisions of this title shall be included in and provided for by
6 such capital budget of the city thereafter made, to the extent that they
7 may appropriately be included therein.
8 § 1266-b. MTA bridges and tunnels - restrictions on signs and bill-
9 boards. 1. No outdoor advertising sign or device which refers to any
10 subject other than the business actually conducted on the premises or to
11 sale or rental of such premises and no such outdoor advertising sign or
12 device exceeding ten feet in height above the sidewalk adjacent to the
13 property on which such sign or device is located, shall be erected,
14 reconstructed, painted, or repainted, after any applicable date speci-
15 fied by MTA bridges and tunnels, within five hundred feet of the White-
16 stone bridge project, the Throgs Neck bridge project, the Narrows bridge
17 project or the Brooklyn-Battery tunnel project or the approaches and
18 connections of such projects, if within view thereof.
19 2. A violation of any of the provisions of this section may be
20 restrained at the suit of MTA bridges and tunnels.
21 § 1266-c. MTA bridges and tunnels - transfer of officers and employ-
22 ees. 1. Officers and employees of any board or department in or of the
23 city may be transferred to MTA bridges and tunnels, and shall be eligi-
24 ble for such transfer and appointment without examination to offices and
25 positions under MTA bridges and tunnels. Notwithstanding the provisions
26 of this title, the officers and employees of the city, who are members
27 or beneficiaries of any existing pension or retirement system, shall
28 continue to have the rights, privileges, obligations and status with
29 respect to such system or systems, as are now prescribed by law; and all
30 such employees, who have been appointed to positions in the service of
31 the city under the rules and classifications of the municipal civil
32 service commission shall have the same status with respect thereto after
33 transfer to MTA bridges and tunnels as they had under their original
34 appointments. Any person appointed by MTA bridges and tunnels under the
35 rules and classifications of the municipal civil service commission of
36 the city, originally or by transfer or otherwise, including persons
37 employed or eligible for appointment under the board of education of the
38 city or of any agency of any kind whatsoever subject to the rules and
39 classifications of the municipal civil service commission of the city,
40 shall have and shall continue to have all the rights, privileges, obli-
41 gations and status with respect to such pension or retirement systems,
42 including not only the right to admission therein, but continuance and
43 reinstatement therein, to the same extent and in like manner as though
44 he had been appointed, transferred or restored to the civil service of
45 the city, the board of education or any other agency of any kind whatso-
46 ever subject to the rules and classifications of the municipal civil
47 service commission of the city. The appointment and promotion of all
48 employees of MTA bridges and tunnels shall be made in accordance with
49 the provisions of the civil service law under the jurisdiction of the
50 municipal civil service commission of the city.
51 2. Notwithstanding any inconsistent provision of this section, no
52 person shall be eligible for original appointment to a position of
53 bridge and tunnel officer with MTA bridges and tunnels, unless such
54 person has earned a high school diploma recognized as valid by the
55 department of education.
S. 994 75 A. 1924
1 § 1266-d. MTA bridges and tunnels - fire training. All persons
2 appointed to the position of bridge and tunnel officer and maintenance
3 division employees of MTA bridges and tunnels on or after the effective
4 date of this section shall participate in a training course of at least
5 twenty-eight hours on the subject of fire prevention and control. The
6 training courses shall be conducted by the Fire Academy of the New York
7 city fire department. Such academy shall also administer any retraining
8 or refresher courses attended by personnel of MTA bridges and tunnels.
9 Any costs incurred by the city for the training required by this section
10 shall be reimbursed by MTA bridges and tunnels.
11 § 1266-e. MTA bridges and tunnels - consent of state. 1. The state
12 does hereby agree (a) to the use by MTA bridges and tunnels, so long as
13 its corporate existence shall continue, of any lands necessary, conven-
14 ient or desirable for the MTA bridges and tunnels project in which the
15 state has any right, title or interest situate, lying or being on
16 Randall's island or Ward's island or in the waters adjacent thereto,
17 provided, however, that no buildings used by or for the state, shall be
18 razed or removed until the same have been vacated and (b) to the use by
19 MTA bridges and tunnels, so long as its corporate existence shall
20 continue, of any lands under water necessary, convenient or desirable
21 for the project.
22 2. The state does hereby agree to the use by MTA bridges and tunnels
23 of any lands, lands under water or the air space over any of such lands
24 in which the state has any right, title or interest and which are neces-
25 sary, convenient or desirable for the Throgs Neck bridge project and,
26 after title to the Narrows bridge project shall vest in MTA bridges and
27 tunnels, for the Narrows bridge project.
28 § 1267. MTA bridges and tunnels - actions against MTA bridges and
29 tunnels. Actions against MTA bridges and tunnels must be brought pursu-
30 ant to section twelve hundred sixty-three of this title except that the
31 rate of interest shall not exceed three per centum per annum.
32 § 1268. MTA subways - creation. 1. There is hereby created, as a
33 subsidiary of the authority, a body corporate and politic constituting a
34 public benefit corporation to be known as "MTA subways".
35 2. MTA subways, the corporation created by subdivision one of this
36 section, and that part of the New York city transit authority, the
37 corporation created by the former section twelve hundred one of this
38 chapter, which operated and maintained the rapid transit system of such
39 authority are hereby consolidated into a single corporation.
40 3. In this section the words "original authority" refers to New York
41 city transit authority and the words "consolidated corporation" refer to
42 the single corporation resulting from the consolidation as set forth in
43 subdivision two of this section.
44 4. The board of MTA subways shall be the board of the authority and
45 all powers of the consolidated corporation shall be vested in and exer-
46 cised by such board.
47 5. All property, rights and powers of the original authority which
48 related to the rapid transit system of such authority are hereby vested
49 in and shall be exercised by the consolidated corporation, subject,
50 however, to all pledges, covenants, agreements and trusts made or
51 created by the original authority.
52 6. All debts, liabilities, obligations, agreements and covenants of
53 the original authority are hereby imposed jointly and severally upon the
54 consolidated corporation and MTA buses.
55 7. All bondholders and other creditors of the original authority and
56 persons having claims against or contracts with the original authority
S. 994 76 A. 1924
1 of any kind or character may enforce such debts, claims and contracts
2 jointly and severally against the consolidated corporation and MTA buses
3 in the same manner as they might have against the original authority,
4 and the rights and remedies of such bondholders, creditors and persons
5 having claims or contracts shall not be limited or restricted in any
6 manner by this title.
7 8. In continuing the functions and carrying out the contracts, obli-
8 gations and duties of the original authority, the consolidated corpo-
9 ration is hereby authorized to act in its own name or in the name of the
10 original authority as may be convenient or advisable.
11 9. All employees of the original authority who are in positions
12 connected to the rapid transit systems or who are not transferred to MTA
13 buses shall become employees of the consolidated corporation. Nothing in
14 this title shall affect the civil service status of such employees or
15 their rights, privileges, obligations or status with respect to any
16 pension or retirement system.
17 10. MTA subways shall own and/or operate the Staten Island rapid tran-
18 sit operating authority, a subsidiary of the authority, which shall be
19 known as "MTA Staten Island rail".
20 11. The consolidated corporation and its corporate existence shall
21 continue until all its liabilities have been met and its other obli-
22 gations have been paid in full or such liabilities or other obligations
23 have otherwise been discharged, including bonds, notes and other obli-
24 gations issued by the authority that are payable in whole or in part by
25 revenues of MTA subways and MTA bus. When all liabilities incurred by
26 MTA subways of every kind and character have been met and all its other
27 obligations have been paid in full, including bonds, notes and other
28 obligations issued by the authority that are payable in whole or in part
29 by revenues of MTA subways and MTA bus, or such liabilities or other
30 obligations have otherwise been discharged, all rights and properties of
31 MTA subways shall pass to and be vested in the city, other than those
32 portions thereof that were financed by the authority.
33 § 1268-a. MTA subways - purposes. 1. In addition to the purposes set
34 forth in section twelve hundred sixty-d of this title, the purposes of
35 MTA subways shall be the acquisition of those transit facilities hereto-
36 fore operated by the New York City Transit Authority as part of the
37 rapid transit system of such authority, the operation of such transit
38 facilities and the transportation facilities of MTA Staten Island rail
39 in accordance with the provisions of this title for the convenience and
40 safety of the public on a basis which will enable the operations there-
41 of, exclusive of capital costs, to be self-sustaining, and, in coordi-
42 nation with the authority the continuance, further development, improve-
43 ment and expansion of rapid transit and other services related thereto
44 within the district and the development and implementation of a unified
45 mass transportation policy for such district.
46 2. It is hereby found and declared that such purposes are in all
47 respects for the benefit of the people of the state and MTA subways
48 shall be regarded as performing an essential governmental function in
49 carrying out its corporate purpose and in exercising the powers granted
50 by this title.
51 § 1268-b. MTA subways - lease of transit facilities from the city. 1.
52 The lease between the city and the New York city transit authority,
53 dated June first, nineteen hundred fifty-three (the "transit authority
54 lease"), the lease between the city and the Manhattan and Bronx surface
55 transit operating authority, dated March twentieth, nineteen hundred
56 sixty-two (the "mabstoa lease"), the lease between the city and the
S. 994 77 A. 1924
1 Staten Island rapid transit operating authority, dated July twentieth,
2 nineteen hundred seventy (the "sirtoa lease"), and any lease between the
3 city and MTA Bus Company (the "MTA bus company lease"), as each has been
4 supplemented, amended, or renewed and the tenancies created thereby, are
5 referred to in this section as "the existing leases." The existing
6 leases are hereby ratified and shall continue in full force and effect
7 according to their terms except that (a) the transit authority lease
8 shall hereby be bifurcated without action of any of the parties thereto
9 so that (i) MTA subways shall succeed to the interests and obligations
10 of the New York city transit authority with respect to the rapid transit
11 system, and (ii) MTA bus shall succeed to the interests and obligations
12 of the New York city transit authority with respect to the omnibus
13 facilities; (b) MTA bus shall hereby succeed to the interests and obli-
14 gations of the Manhattan and Bronx surface transit operating authority
15 under the mabstoa lease; (c) Staten Island rail shall hereby succeed to
16 the interests and obligations of Staten Island rapid transit authority
17 under the sirtoa lease, and (d) MTA bus shall hereby succeed to the
18 interests and obligations of the MTA Bus Company under the MTA Bus
19 Company lease.
20 2. MTA subways shall have the right to incur capital costs of any
21 nature in its own name or in the name of the authority or MTA bridges
22 and tunnels (to the extent either funds such capital costs) to the
23 extent that capital funds are available to it for expenditures of such
24 nature pursuant to any provision of law, which capital costs shall not
25 be payable by the city. The operation of sections twenty, twenty-one and
26 twenty-two of the rapid transit law shall be suspended with respect to
27 any project financed with the capital funds referred to in this subdivi-
28 sion.
29 3. No provision in the existing leases, now existing or hereafter
30 made, shall purport to limit or restrict or have the effect of limiting
31 or restricting, the power granted to MTA subways to manage, control or
32 direct the maintenance and operation of the rapid transit system or the
33 fares or service thereof.
34 4. Such existing leases or any amendments thereto hereafter made may
35 contain provisions relating to the use and occupancy by MTA subways of
36 real property (in addition to that transferred pursuant to subdivision
37 one of this section) now or hereafter owned or leased by the city, on
38 such terms as may be mutually agreed upon by the city and MTA subways,
39 and may provide for or authorize surrenders to the city of property no
40 longer required by the MTA subways.
41 5. The city and MTA subways are hereby authorized and empowered to
42 make or enter into any contracts, agreements, deeds, leases, conveyances
43 or other instruments as may be necessary or appropriate to effectuate
44 the purposes of this title and they shall have complete power and
45 authority to do and to authorize the doing of all things, incidental,
46 desirable or necessary to implement the provisions of this section,
47 including without limitation, any renewal or amendment of the existing
48 leases on such additional terms and conditions, not inconsistent with
49 law, as may be approved by the city and MTA subways.
50 6. MTA subways, with respect to subway facilities, shall take
51 possession and control of the rapid transit system and other property
52 transferred under the existing leases together with all contracts,
53 books, maps, plans, papers and records of or in the possession of the
54 board of transportation of whatever description, incidental to or neces-
55 sary for the operation of the facilities transferred by such agreement
S. 994 78 A. 1924
1 or the performance of the duties of MTA subways as provided by this
2 title.
3 7. Notwithstanding any other provision of law to the contrary, with
4 respect to interests in transportation facilities conveyed to MTA
5 subways in accordance with this section, MTA subways in occupancy or
6 possession of such facility shall be deemed its sole owner with respect
7 to all obligations and liabilities imposed by law on property owners.
8 § 1268-c. MTA subways - general powers. 1. MTA subways shall have all
9 of the powers vested in the authority by the provisions of this title
10 except those contained in subdivisions three and nine of section twelve
11 hundred sixty-e and subdivision fifteen of section twelve hundred
12 sixty-f of this title, provided, however, that MTA subways shall have
13 the power to contract indebtedness in connection with obtaining or
14 securing insurance liabilities for its own account or in conjunction
15 with other MTA agencies, including the power to make payments in
16 connection with bonds and notes issued pursuant to section twelve
17 hundred sixty-two-d of this title. In addition, MTA subways shall have
18 the following powers:
19 (a) To make, amend and repeal rules governing the conduct and safety
20 of the public as it may deem necessary, convenient or desirable for the
21 use and operation of the subway facilities under its jurisdiction,
22 including without limitation rules relating to the protection or mainte-
23 nance of such facilities, the conduct and safety of the public, the
24 payment of fares or other lawful charges for the use of such facilities,
25 the presentation or display of documentation permitting free passage,
26 reduced fare passage or full fare passage on such facilities and the
27 protection of the revenue of the authority. Violations of such rules
28 shall be an offense punishable by a fine of not exceeding twenty-five
29 dollars or by imprisonment for not longer than ten days, or both, or may
30 be punishable by the imposition by the transit adjudication bureau
31 established pursuant to the provisions of this title of a civil penalty
32 in an amount for each violation not to exceed one hundred dollars
33 (exclusive of interest or costs assessed thereon), in accordance with a
34 schedule of such penalties as may from time to time be established by
35 rules of the authority. Such schedule of penalties may provide for the
36 imposition of additional penalties, not to exceed a total of fifty
37 dollars for each violation, upon the failure of a respondent in any
38 proceeding commenced with respect to any such violation to make timely
39 response to or appearance in connection with a notice of violation of
40 such rule or to any subsequent notice or order issued by the authority
41 in such proceeding. There shall be no penalty or increment in fine by
42 virtue of a respondent's timely exercise of his right to a hearing or
43 appeal. The rules may provide, in addition to any other sanctions, for
44 the confiscation of tokens, tickets, cards or other fare media that have
45 been forged, counterfeit, improperly altered or transferred, or other-
46 wise used in a manner inconsistent with such rules.
47 (b) To appoint employees and fix their compensation subject to the
48 provisions of the civil service law and to grant, in its discretion,
49 cash payments to the surviving spouse or to the legal representatives of
50 its deceased employees, equal to the current monetary value of accumu-
51 lated and unused vacation time, if any, and the monetary value of accu-
52 mulated and unused overtime, if any, for overtime which was worked and
53 credited subsequent to June fifteenth, nineteen hundred fifty-three,
54 computed at the rate of salary in effect at the time the overtime was
55 worked, standing to the credit of its employees as of the time of their
56 death and, notwithstanding the provisions of section one hundred thirty-
S. 994 79 A. 1924
1 five of the civil service law or any other state or local law to the
2 contrary, to grant, in its discretion, severance pay to surplus employ-
3 ees on separation from service.
4 (c) To construct, reconstruct, improve, maintain and operate any
5 subway facility, whether now existing, or constructed, acquired or
6 provided in the future, and to fix fares on any such subway facilities.
7 (d) To construct, reconstruct, improve, maintain and operate build-
8 ings, structures and facilities as may be necessary or convenient and to
9 maintain and operate, directly or enter into contracts or leases for the
10 acquisition, maintenance, and operation of areas for the parking of
11 motor vehicles in the vicinity of its subway facilities, and in its
12 discretion to fix and charge for such parking a combination fee which
13 shall include the established rate of fare for use of its subway facili-
14 ties.
15 (e) To post signs notifying the public of the maximum fine for throw-
16 ing, dumping, or causing to be thrown, dumped, deposited or placed any
17 refuse, trash, garbage, rubbish, litter, or any nauseous or offensive
18 matter on subway tracks or the right-of-way of a subway, pursuant to
19 section fifty-two-e of the railroad law, to the extent that funds for
20 such signs are available.
21 (f) With the consent of the city to use officers, employees, agents
22 and facilities of the city paying to the city an agreed proportion or
23 amount of the compensation or costs involved.
24 (g) To make or enter into contracts, agreements, deeds, leases,
25 conveyances or other instruments necessary or convenient, and to assist
26 and cooperate with the other MTA agencies to carry out the powers of the
27 other MTA agencies in furtherance of their purposes and powers as
28 provided in this article, including, without limitation, the trans-
29 actions described in sections twelve hundred sixty-g, twelve hundred
30 sixty-two-h, twelve hundred sixty-two-i and twelve hundred sixty-six of
31 this title. This power shall include the power to make contracts with
32 other persons operating transportation facilities for combined fares for
33 the use of such facilities and the subway facilities operated by MTA
34 subways and for the division of such fares, and the power to make
35 contracts for the transportation of the United States mail or personal
36 property.
37 (h) To surrender to the city property no longer required by MTA
38 subways.
39 (i) To rent space and grant concessions on or in any subway or other
40 facility under its jurisdiction, to fix and collect rentals, fees or
41 other charges therefor, and to contract for the sale or disposition of
42 waste, products or by-products incidental to its operations or in excess
43 of its requirements.
44 (j) Notwithstanding the provisions of sections 120.20, 120.25, 145.00,
45 145.05, 145.10, 145.15, 145.20, and 240.30 of the penal law or the
46 provisions of any general, special or local law, code, ordinance, rule
47 or regulation to the contrary MTA subways may erect signs or other
48 printed, painted or advertising matter on any property, including
49 elevated structures, leased or operated by it or otherwise under its
50 jurisdiction and control and may rent, lease or otherwise sell the right
51 to do so to any person, private or public.
52 (k) To exercise all requisite and necessary authority to manage,
53 control and direct the maintenance and operation of subway facilities
54 transferred to it for the convenience and safety of the public with
55 power, in its discretion, to add, extend, modify, discontinue, curtail,
56 or change routes or methods of transportation where the convenience and
S. 994 80 A. 1924
1 safety of the public would be served thereby or where existing routes or
2 methods are inefficient or uneconomical.
3 (l) MTA subways shall establish and publish or cause to be published
4 schedules for all passenger transportation services under its operation.
5 Such schedules shall include the estimated departure and arrival time at
6 each terminal point of each route except that, on lines where the head-
7 way time during the period between six A.M. and seven P.M. is less than
8 ten minutes, such headway time alone may be listed for that period. Such
9 schedules shall also show the elapsed running time between the terminal
10 and each station. Schedules shall be made available at each facility on
11 any applicable route at which fare media are sold and shall be posted at
12 each appropriate station operated by MTA subways.
13 2. A copy of any report submitted by MTA subways pursuant to sections
14 twenty-eight hundred, twenty-eight hundred one and twenty-eight hundred
15 two of this chapter shall be forwarded to the mayor.
16 § 1268-d. MTA subways - advisory council. 1. There is hereby created
17 the MTA subways advisory council, to study, investigate, monitor and
18 make recommendations with respect to the maintenance and operation of
19 MTA subways and the MTA Staten Island rail. Such council shall study and
20 investigate all aspects of the day to day operations of such corporation
21 and MTA Staten Island rail, monitor their performance and recommend
22 changes to improve the efficiency of the operation thereof.
23 2. Such council shall consist of fifteen members who shall be commu-
24 ters who regularly use the transportation services of MTA subways and
25 MTA Staten Island rail. Five of such members shall be appointed by the
26 governor upon the recommendation of the mayor; five upon the recommenda-
27 tion of the president of the city council of the city; and five other
28 members appointed upon the recommendation one by each of the borough
29 presidents of the boroughs of the city. The chair shall be a member
30 selected by the membership of the committee. Each of the members shall
31 serve for a term of two years, provided, however, that of the first
32 appointments, two appointed upon the recommendation of the mayor and two
33 appointed upon the recommendation of the president of the city council
34 shall serve for a term of one year. Vacancies occurring other than by
35 expiration of term shall be filled in the same manner as the original
36 appointments for the balance of the unexpired term.
37 3. The members of the council shall receive no compensation for their
38 services but shall be reimbursed for actual and necessary expenses
39 incurred in the performance of their duties.
40 4. The council may request and shall receive from any department,
41 division, board, bureau, commission, agency, public authority of the
42 state or any political subdivision thereof such assistance and data as
43 will enable it properly to carry out its activities hereunder and effec-
44 tuate the purposes set forth in this section.
45 § 1268-e. MTA subways - rapid transit noise code. 1. As used in this
46 section, unless another meaning is indicated by the context:
47 (a) "Subways" means all rail rapid transit systems operated by MTA
48 subways including but not limited to rolling stock, track and track
49 beds, passenger stations, tunnels, elevated structures, yards, depots,
50 and shops.
51 (b) "New cars" means all those cars the purchase and/or construction
52 of which is contracted for subsequent to the enactment of this section.
53 (c) "Screech" means any noise generated by wheel-track interactions on
54 curves or by brake application and which is a prominent discrete tone
55 above 1000 Hertz as defined by the American National Standards Institute
56 specifications (ANSI S1.13--1971).
S. 994 81 A. 1924
1 (d) "Sound pressure level" means twenty times the logarithm to the
2 base ten of the ratio of the root mean squared pressure of a sound to a
3 reference pressure of twenty micropascals. The unit applied to this
4 measure shall be the decibel (dB).
5 (e) "A-weighted sound level or (dBA)" means the sound pressure level
6 measured by the use of an instrument with the metering characteristics
7 and A-weighting frequency response prescribed for sound level meters.
8 The sound level measurement system must meet or exceed the requirements
9 of the American National Standard Institute Specification for Sound
10 Level Meters ANSI S1.4--1971, approved April twenty-seventh, nineteen
11 hundred seventy-one, throughout the applicable frequency range for
12 either:
13 (i) A Type 1 sound level meter; or
14 (ii) A Type 2 sound level meter; or
15 (iii) A Type S sound level meter which has:
16 (A) an A-weighting frequency response; and
17 (B) a fast dynamic characteristic which complies with section 5.3 of
18 ANSI S1.4--1971; and
19 (C) a relative response level tolerance consistent with that of either
20 a Type 1 or Type 2 sound level meter, as specified in section 3.2 of
21 ANSI S1.4--1971.
22 (f) "Equivalent sound level" means the energy-average of the inte-
23 grated A-weighted sound level over a specified observation time T and is
24 identified by the symbol Leg.
25 (g) "Noise abatement study" means the rail rapid transit noise abate-
26 ment study undertaken by the original authority pursuant to former
27 section twelve hundred four-a of this article, as added by chapter seven
28 hundred thirty-six of the laws of nineteen hundred eighty-two.
29 2. New York city transit authority previously completed a study evalu-
30 ating the range of strategies available for meeting the sound levels set
31 forth in the following sound level table, including proposing strategies
32 and indicating the approximate time and necessary cost for meeting such
33 sound levels, and indicating the expected dBA reduction of each proposed
34 strategy.
35 (a) SOUND LEVEL TABLE EQUIVALENT SOUND LEVEL PERCENT COMPLIANCE
36 (i) CAR INTERIOR
37 (A) new cars 80dBA 100%
38 (B) old cars 85dBA 70%
39 (ii) CURVE AND BRAKE SCREECH
40 (A) new cars No Screech 100%
41 (B) old cars No Screech 100%
42 (iii) STATION TRAINS ENTERING, LEAVING OR PASSING THROUGH
43 105dBA 100%
44 90dBA 95%
45 85dBA 80%
46 80dBA 60%
47 (iv) ELEVATED STRUCTURES
48 Sound level to be 60% established
49 (b) In all cases noise levels shall be measured so as to reflect accu-
50 rately the worst case of noise exposure at a specific location where a
51 noise abatement strategy has been implemented, to which a subway passen-
52 ger, employee, or any person who is within range of subway noise could
53 reasonably be exposed under normal operating conditions. Noise measure-
54 ments shall be made under the following conditions:
S. 994 82 A. 1924
1 Car interior: when the car is in motion at a speed of forty miles per
2 hour during normal operation with measurements in the center of the car
3 and the microphone five feet above the floor.
4 Station: (express) when the train is in motion and passing in front of
5 the on-platform measuring point.
6 (local) when the train is in motion and any part of it is within the
7 station.
8 Car exterior: (elevated tracks) when the train is in motion and is
9 passing in front of the point from which noise measurements are being
10 made.
11 (c) All measurements shall be taken with fast dynamic characteristic
12 of the sound level measurement system. Energy equivalent measurements
13 shall normally be used; provided, however, alternative measures may be
14 proposed to incorporate new instrumentation or analyses that may become
15 available.
16 3. MTA subways shall submit an annual report to the governor and the
17 legislature detailing MTA subways' progress to date in abating subway
18 noise. The report shall include, but not be limited to an itemized
19 summary of all monies spent, bids requested and received, contracts let,
20 and actual work done on noise abatement programs during the previous
21 period. Any and all subway noise measurements made during the previous
22 period shall be included, with, whenever possible, analyses of such
23 measurements.
24 Such report shall also include a detailed analysis of all noise abate-
25 ment activities planned for the next twelve months. Following the first
26 twelve-month interval these reports shall also include comprehensive
27 statements of progress made on all planned noise abatement activities
28 included in the previous annual report.
29 Nothing in this subdivision shall preclude such report from being
30 incorporated in MTA subways' annual capital report submitted pursuant to
31 the "capital financing and services system act of nineteen hundred
32 eighty-one," so long as it is maintained as a separate, distinct and
33 identifiable component in such report.
34 § 1268-f. MTA subways - rates of fare and levels of service. 1.
35 Notwithstanding the provisions of any other law, the terms of any
36 contract or franchise, MTA subways shall have the power at all times to
37 fix or adjust the rate or rates of fare to be charged for the use of any
38 subway facility operated by MTA subways as may in the judgment of MTA
39 subways be necessary to maintain its operations on a self-sustaining
40 basis. The operations of MTA subways shall be deemed to be on a self-
41 sustaining basis, as required by this title, when it is able to pay from
42 revenue, from any funds granted or transferred to MTA subways pursuant
43 to any provision of law, including funds granted pursuant to the
44 provisions of section ninety-eight-b of the general municipal law, and
45 from any other funds actually available to MTA subways, including inter-
46 agency loans and the proceeds of borrowings for working capital
47 purposes, the expenses of operation of MTA subways as the same shall
48 become due. Nothing in this section shall prevent MTA subways from
49 establishing a joint fare program with MTA bus or any other MTA agency,
50 which joint fare program could provide for intermodal transfers at no
51 charge.
52 2. Upon the written request of the mayor, MTA subways shall permit
53 reduced fares for one or more classes of subway facility users desig-
54 nated by the mayor upon the agreement of the city to assume the burden
55 of the resulting differential, together with the attendant administra-
S. 994 83 A. 1924
1 tive costs of MTA subways, pursuant to procedures satisfactory to MTA
2 subways.
3 3. Notwithstanding the provisions of subdivision one of this section,
4 no zonal system of fares proposed to be instituted on or after March
5 first, nineteen hundred sixty-eight for the use of the whole or any part
6 of a rapid transit facility operated by MTA subways and no general
7 revision of the system of transfers applicable to the use of omnibus
8 facilities and subways facilities operated by the former New York city
9 transit authority in effect as of that date shall be established without
10 the written approval of the mayor. For the purposes of this subdivision
11 the term "zonal system of fares" shall mean any system whereby the fare
12 payable for the use of a rapid transit facility or of any part thereof
13 varies according to distance traveled or to the location of the point of
14 entry or departure by the user, but the creation or elimination of free
15 transfer points shall not be regarded as the institution of such a
16 system.
17 4. Any complete or partial closing of a passenger station within the
18 city of New York, or any means of public access to such facility, except
19 for purposes of repair or renovation or in case of emergency, shall be
20 accomplished only if approved by resolution of MTA subways adopted by
21 not less than a majority of the whole number of members of MTA subways
22 then in office, and only after a public hearing. Such hearing shall be
23 held not less than thirty days after notice of such proposed closing has
24 been given to, and comments solicited from, the borough board as estab-
25 lished pursuant to section eighty-five of the New York city charter
26 whose area of jurisdiction includes the station proposed to be closed or
27 otherwise affected.
28 5. No acts or activities taken or proposed to be taken by MTA subways
29 pursuant to the provisions of subdivision one or two of this section
30 shall be deemed to be "actions" for the purposes or within the meaning
31 of article eight of the environmental conservation law.
32 6. (a) No substantial reduction in levels of service operated by MTA
33 subways shall be made unless approved by resolution adopted by not less
34 than a majority vote of the whole number of members of MTA subways then
35 in office, with the chairperson having one additional vote in the event
36 of a tie vote, and only after a public hearing. For purposes of this
37 subdivision, a substantial reduction in level of service shall mean: (i)
38 a reduction in scheduled service on any subway line of twenty-five
39 percent or more, as measured by daily scheduled train revenue miles;
40 (ii) a reduction by one or more hours in the daily span of service in
41 which a subway line is operational; and (iii) the total distance of a
42 subway line is reduced by twenty-five percent or more of the total line
43 miles operated.
44 (b) For purposes of determining a reduction in a level of service as
45 set forth in paragraph (a) of this subdivision, all changes in service
46 occurring during the twelve-month period immediately preceding the
47 reduction shall be aggregated.
48 (c) With respect to all changes in subway service schedules and all
49 subway route changes, MTA subways shall provide written notification of
50 the proposed change to any affected community board prior to implementa-
51 tion of the change. Except to the extent otherwise required pursuant to
52 the provisions of paragraph (a) of this subdivision, nothing contained
53 herein shall be deemed to require a public hearing with respect to any
54 proposed schedule or route change.
55 (d) The provisions of this subdivision shall not apply during the
56 following circumstances: (i) construction or maintenance activities
S. 994 84 A. 1924
1 affecting services on a subway line; (ii) experimental services changes
2 or demonstration projects of a duration not anticipated to exceed one
3 hundred eighty days; (iii) schedule adjustments on account of a public
4 holiday, event, school, calendar or other seasonal adjustments; (iv)
5 emergencies or other unanticipated service disruptions; or (v) minor
6 route changes attributable to safety considerations.
7 (e) Whenever MTA subways causes notices of hearings on proposed chang-
8 es in services or fares to be posted pursuant to this section or any
9 statute, regulation, or its policy, or where it voluntarily posts such
10 notices, such notices shall: (i) be written in a clear and coherent
11 manner using words with common and every day meaning; (ii) be captioned
12 in large point type bold lettering with a title that fairly and accu-
13 rately conveys the basic nature of such change or changes; (iii) where
14 such change involves a proposed change in levels of fare, include in its
15 title the range of amounts of fare changes under consideration; (iv)
16 contain, to the extent practicable, a concise description of the specif-
17 ic nature of the change or changes, including but not limited to a
18 concise description of those changes that affect the largest number of
19 passengers; (v) where such change involves a change in the nature of a
20 route, contain, to the extent practicable, a clear graphic illustration
21 of such change or changes; and (vi) where such change involves a partial
22 or complete station closing, such notice shall be posted at the affected
23 station with a clear graphic illustration depicting the nature of any
24 closing for such station.
25 7. Notwithstanding any other provision of law, MTA subways and MTA
26 Staten Island rail shall establish and implement a half fare rate
27 program for persons with serious mental illness who are eligible to
28 receive supplemental security income benefits as defined pursuant to
29 title sixteen of the federal social security act and section two hundred
30 nine of the social services law. The half fare rate program established
31 and implemented pursuant to this subdivision shall be in operation
32 during all hours in which MTA subways and MTA Staten Island rail
33 provides railroad, and/or subway services, and such program shall not be
34 limited in operation to off-peak hours or to any other hours designated
35 by MTA subways or MTA Staten Island rail.
36 § 1268-g. MTA subways - surrender of power plants. The repeal of
37 section twelve hundred five-a of title nine of this article shall not
38 invalidate any actions previously taken in accordance with such section
39 prior to the repeal of such section.
40 § 1268-h. MTA subways - revenue and accounts. 1. MTA subways shall
41 establish and maintain a system of accounts to show at all times the
42 cost of the several classes of property used in operation and the sourc-
43 es of funds used in the acquisition of such property; the several class-
44 es of operating revenue and other income; maintenance expenses, inter-
45 est, and all other charges.
46 2. The city comptroller shall have the power, from time to time, to
47 examine the accounts, books and any other records or papers relating to
48 the financial condition of MTA subways, which examination shall not
49 preclude examination of such matters by any other authorized officer or
50 body.
51 § 1268-i. MTA subways - contracts. Any contract for public work, or
52 any purchase contract on behalf of MTA subways, shall be made under the
53 same terms and conditions as provided in section twelve hundred sixty-k
54 of this title.
55 § 1268-j. MTA subways - transit adjudication bureau. 1. Establish-
56 ment. There is hereby created in MTA subways a transit adjudication
S. 994 85 A. 1924
1 bureau. The head of such bureau shall be the executive director, who
2 shall be appointed by the president of MTA subways. The executive
3 director may delegate the powers and duties conferred upon the executive
4 director by this section to such qualified officers and employees of the
5 bureau as he or she may designate.
6 2. Hearing officers. The president of MTA subways shall appoint hear-
7 ing officers who shall preside at hearings for the adjudication of
8 charges of transit infractions, as defined in this section and the adju-
9 dication of allegations of liability for violations of the rules and
10 regulations of the Triborough bridge and tunnel authority in accordance
11 with section two thousand nine hundred eighty-five of this chapter, and
12 who, as provided in this section, may be designated to serve on the
13 appeals board of the bureau. Every hearing officer shall have been
14 admitted to the practice of law in this state for a period of at least
15 three years, and shall be compensated for his services on a per diem
16 basis determined by the bureau.
17 3. Jurisdiction. The bureau shall have, with respect to acts or inci-
18 dents in or on the subway facilities of MTA subways or the omnibus
19 facilities of MTA buses occurring within the city committed by or
20 involving persons who are sixteen years of age or over, and with respect
21 to violation of toll collection regulations of the Triborough bridge and
22 tunnel authority as described in section two thousand nine hundred
23 eighty-five of this chapter, non-exclusive jurisdiction over violations
24 of: (a) the rules which may from time to time be established by MTA
25 subways under paragraph (a) of subdivision one of section twelve hundred
26 sixty-eight-c of this title and by MTA bus under paragraph (b) of subdi-
27 vision one of section twelve hundred seventy-one-c of this title; (b)
28 article one hundred thirty-nine of the health code of the city of New
29 York, as it may be amended from time to time, relating to public trans-
30 portation facilities; and (c) article four of the noise control code of
31 the city of New York, as it may be amended from time to time, insofar as
32 it pertains to sound reproduction devices; and (d) the rules and regu-
33 lations which may from time to time be established by the MTA bridges
34 and tunnels in accordance with the provisions of section two thousand
35 nine hundred eighty-five of this chapter. Matters within the jurisdic-
36 tion of the bureau except violations of the rules and regulations of the
37 MTA bridges and tunnels shall be known for purposes of this section as
38 transit infractions. Nothing in this subdivision shall be construed to
39 divest jurisdiction from any court now having jurisdiction over any
40 criminal charge or traffic infraction relating to any act committed in a
41 subway or omnibus or toll facility, or to impair the ability of a police
42 officer to conduct a lawful search of a person in a subway or omnibus
43 facility. The criminal court of the city of New York shall continue to
44 have jurisdiction over any criminal charge or traffic infraction brought
45 for violation of the rules of MTA subways and MTA buses or the MTA
46 bridges and tunnels within the city, as well as jurisdiction relating to
47 any act which may constitute a crime or an offense under any law of the
48 state of New York or any municipality or political subdivision thereof
49 and which may also constitute a violation within the city of such rules.
50 The bureau shall have concurrent jurisdiction with the environmental
51 control board and the administrative tribunal of the department of
52 health over the aforesaid provisions of the health code and noise
53 control code of the city of New York.
54 4. General powers. The bureau shall have the following functions,
55 powers and duties:
S. 994 86 A. 1924
1 (a) To accept pleas (whether made in person or by mail) to, and to
2 hear and determine, charges of transit infractions and allegations of
3 civil liability pursuant to section two thousand nine hundred eighty-
4 five of this chapter within its jurisdiction;
5 (b) To impose civil penalties not to exceed a total of one hundred
6 fifty dollars for any transit infraction within its jurisdiction, in
7 accordance with a penalty schedule established by MTA subways and MTA
8 buses except that penalties for violations of the health code of the
9 city of New York shall be in accordance with the penalties established
10 for such violations by the board of health of the city of New York, and
11 penalties for violations of the noise code of the city of New York shall
12 be in accordance with the penalties established for such violations by
13 law, and civil penalties for violations of the rules and regulations of
14 MTA bridges and tunnels shall be in accordance with the penalties estab-
15 lished for such violations by section two thousand nine hundred eighty-
16 five of this chapter;
17 (c) In its sole discretion, to suspend or forgive penalties or any
18 portion of penalties imposed on the condition that the respondent volun-
19 tarily agrees to perform and actually does satisfactorily perform unpaid
20 services on subway or omnibus facilities as assigned by either MTA
21 subways or MTA buses, such as, without limitation, cleaning of rolling
22 stock;
23 (d) To adopt, amend and rescind rules and regulations not inconsistent
24 with any applicable provision of law to carry out the purposes of this
25 section, including but not limited to rules and regulations prescribing
26 the internal procedures and organization of the bureau, the manner and
27 time of entering pleas, the conduct of hearings, and the amount and
28 manner of payment of penalties;
29 (e) To enter judgments and enforce them, without court proceedings, in
30 the same manner as the enforcement of money judgments in civil actions,
31 as provided below;
32 (f) To compile and maintain complete and accurate records relating to
33 all charges and dispositions, which records shall be deemed exempt from
34 disclosure under the freedom of information law as records compiled for
35 law enforcement purposes;
36 (g) To apply to a court of competent jurisdiction for enforcement of
37 any decision or order issued by such bureau or of any subpoena issued by
38 a hearing officer as provided in paragraph d of subdivision seven of
39 this section;
40 (h) To enter into contracts with other government agencies, with
41 private organizations, or with individuals to undertake on its behalf
42 such functions as data processing, debt collections, mailing, and gener-
43 al administration, as the executive director deems appropriate, except
44 that the conduct by hearing officers of hearings and of appeals may not
45 be performed by outside contractors;
46 (i) To accept payment of penalties and to remit same to MTA subways or
47 MTA buses, as the case may be; and
48 (j) To adjudicate the liability of motor vehicle owners for violations
49 of rules and regulations established in accordance with the provisions
50 of section two thousand nine hundred eighty-five of this chapter.
51 5. Notices of violation. The bureau shall prepare and distribute
52 notices of violation in blank to the police department of the city in
53 the case of violations occurring within the city and any other person
54 empowered by law, rule and regulation to serve such notices. The form
55 and wording of the notice of violation shall be prescribed by the execu-
56 tive director, and it may be the same as any other notice of violation
S. 994 87 A. 1924
1 or summons form already in use if said form meets the requirements of
2 this section. The notice of violation may include provisions to record
3 information which will facilitate the identification and location of
4 respondents, including but not limited to name, address, telephone
5 numbers, date of birth, social security number if otherwise permitted by
6 law, place of employment or school, and name and address of parents or
7 guardian if a minor. Notices of violation shall be issued only to
8 persons who are sixteen years of age or over, and shall be served by
9 delivering the notice within the state to the person to be served. A
10 copy of each notice of violation served under this section shall be
11 filed and retained by said bureau, and shall be deemed a record kept in
12 the ordinary course of business, and, if sworn to or affirmed, shall be
13 prima facie evidence of the facts contained therein. Said notice of
14 violation shall contain information advising the person charged of the
15 manner and the time within which such person may either admit or deny
16 the offense charged in the notice. Such notice of violation shall also
17 contain a warning to advise the person charged that failure to plead in
18 the manner and within the time stated in the notice may result in a
19 default decision and order being entered against such person, and the
20 imposition of supplemental penalties as provided in paragraph (a) of
21 subdivision one of section twelve hundred sixty-eight-c and paragraph
22 (b) of subdivision one of section twelve hundred seventy-one-c of this
23 title. A notice of violation shall not be deemed to be a notice of
24 liability issued pursuant to section two thousand nine hundred eighty-
25 five of this chapter.
26 6. Defaults. Where a respondent has failed to plead to a notice of
27 violation or to a notice of liability issued pursuant to section two
28 thousand nine hundred eighty-five of this chapter within the time
29 allowed by the rules of said bureau or has failed to appear on a desig-
30 nated hearing date or a subsequent date following an adjournment, such
31 failure to plead or appear shall be deemed, for all purposes, to be an
32 admission of liability and shall be grounds for rendering a default
33 decision and order imposing a penalty in such amount as may be
34 prescribed by MTA subways.
35 7. Hearings. (a) (1) A person charged with a transit infraction
36 returnable to the bureau or a person alleged to be liable in accordance
37 with the provisions of section two thousand nine hundred eighty-five of
38 this chapter who contests such allegation shall be advised of the date
39 on or by which he or she must appear to answer the charge at a hearing.
40 Notification of such hearing date shall be given either in the notice of
41 violation or in a form, the content of which shall be prescribed by the
42 executive director or in a manner prescribed in section two thousand
43 nine hundred eighty-five of this chapter. Any such notification shall
44 contain a warning to advise the person charged that failure to appear on
45 or by the date designated, or any subsequent rescheduled or adjourned
46 date, shall be deemed for all purposes, an admission of liability, and
47 that a default judgment may be rendered and penalties may be imposed.
48 Where notification is given in a manner other than in the notice of
49 violation, the bureau shall deliver such notice to the person charged,
50 either personally or by first class mail.
51 (2) Whenever a person charged with a transit infraction or alleged to
52 be liable in accordance with the provisions of section two thousand nine
53 hundred eighty-five of this chapter returnable to the bureau requests an
54 alternate hearing date and is not then in default as defined in subdivi-
55 sion six of this section, the bureau shall advise such person
56 personally, or by first class mail, of the alternate hearing date on or
S. 994 88 A. 1924
1 by which he or she must appear to answer the charge or allegation at a
2 hearing. The form and content of such notice of hearing shall be
3 prescribed by the executive director, and shall contain a warning to
4 advise the person charged or alleged to be liable that failure to appear
5 on or by the alternate designated hearing date, or any subsequent
6 rescheduled or adjourned date, shall be deemed for all purposes an
7 admission of liability, and that a default judgment may be rendered and
8 penalties may be imposed.
9 (3) Whenever a person charged with a transit infraction or alleged to
10 be liable in accordance with the provisions of section two thousand nine
11 hundred eighty-five of this chapter returnable to the bureau appears at
12 a hearing and obtains an adjournment of the hearing pursuant to the
13 rules of the bureau, the bureau shall advise such person personally, or
14 by first class mail, of the adjourned date on which he or she must
15 appear to answer the charge or allegation at a continued hearing. The
16 form and content of such notice of a continued hearing shall be
17 prescribed by the executive director, and shall contain a warning to
18 advise the person charged or alleged to be liable that failure to appear
19 on the adjourned hearing date shall be deemed for all purposes an admis-
20 sion of liability, and that a default judgment may be rendered and
21 penalties may be imposed.
22 (b) Every hearing for the adjudication of a charge of a transit
23 infraction or an allegation of liability under section two thousand nine
24 hundred eighty-five of this chapter hereunder shall be held before a
25 hearing officer in accordance with the rules and regulations promulgated
26 by the bureau.
27 (c) The hearing officer shall not be bound by the rules of evidence in
28 the conduct of the hearing, except rules relating to privileged communi-
29 cations.
30 (d) The hearing officer may, in his or her discretion, or at the
31 request of the person charged or alleged to be liable on a showing of
32 good cause and need therefor, issue subpoenas to compel the appearance
33 of any person to give testimony, and issue subpoenas duces tecum to
34 compel the production for examination or introduction into evidence of
35 any book, paper or other thing relevant to the charges.
36 (e) In the case of a refusal to obey a subpoena, the bureau may make
37 application to the supreme court pursuant to section twenty-three
38 hundred eight of the civil practice law and rules, for an order requir-
39 ing such appearance, testimony or production of materials.
40 (f) The bureau shall make and maintain a sound recording or other
41 record of every hearing.
42 (g) After due consideration of the evidence and arguments, the hearing
43 officer shall determine whether the charges or allegations have been
44 established. No charge may be established except upon proof by clear and
45 convincing evidence except allegations of civil liability for violations
46 of MTA bridges and tunnels rules and regulations will be established in
47 accordance with the provisions of section two thousand nine hundred
48 eighty-five of this chapter. Where the charges have not been estab-
49 lished, an order dismissing the charges or allegations shall be entered.
50 Where a determination is made that a charge or allegation has been
51 established or if an answer admitting the charge or allegation has been
52 received, the hearing officer shall set a penalty in accordance with the
53 penalty schedule established by MTA subways and MTA buses, or for alle-
54 gations of civil liability in accordance with the provisions of section
55 two thousand nine hundred eighty-five of this chapter and an appropriate
56 order shall be entered in the records of the bureau. The respondent
S. 994 89 A. 1924
1 shall be given notice of such entry in person or by first class mail.
2 This order shall constitute the final determination of the hearing offi-
3 cer, and for purposes of review it shall be deemed to incorporate any
4 intermediate determinations made by said officer in the course of the
5 proceeding. When no appeal is filed this order shall be the final order
6 of the bureau.
7 8. Administrative and judicial review. (a) There shall be appeals
8 boards within the bureau which shall consist of three or more hearing
9 officers, as the executive director shall determine. The executive
10 director shall select a chairman for each appeals board from the members
11 so appointed. No hearing officer may sit on an appeals board considering
12 an appeal from a determination made by said hearing officer.
13 (b) A party aggrieved by a final determination of a hearing officer
14 may obtain a review thereof by serving upon the bureau, within thirty
15 days of the bureau's service of its notice of entry of such order a
16 notice of appeal setting forth the reasons why the determination should
17 be reversed or modified. There shall be no interlocutory appeals.
18 (c) An appeal from a final determination of a hearing officer shall be
19 submitted to the appeals board, which shall have power to review the
20 facts and the law, but shall not consider any evidence which was not
21 presented to the hearing officer, and shall have power to reverse or
22 modify any judgment appealed from for error of fact or law.
23 (d) Appeals shall be made without the appearance of the appellant and
24 appellant's attorney unless the presence of either or both are requested
25 by the appellant, appellant's attorney, appellant's parent or guardian
26 if appellant is a minor, or the appeals board. Within twenty days after
27 a request for an appearance, made by or for the appellant, appellant's
28 attorney or the board, the bureau shall advise the appellant, either
29 personally or by first class mail, of the date on which he or she shall
30 appear. The appellant shall be notified in writing of the decision of
31 the appeals board.
32 (e) A party may request and obtain a record of the proceedings result-
33 ing in a determination for which an appeal is sought, but the party
34 shall pay to the bureau the cost of providing such record. When a record
35 is timely requested for the purpose of preparing an appeal, the bureau
36 shall not thereafter cause the appeal to be heard or submitted less than
37 ten days after the delivery or mailing of the record to appellant or
38 appellant's attorney.
39 (f) The service of a notice of appeal shall not stay the enforcement
40 of an order appealed from unless the appellant shall have posted a bond
41 in, or shall have paid, the amount of penalties imposed in the order
42 appealed from within the time period established by rule of the bureau
43 for payment of penalties following entry of such an order.
44 (g) No determination of a hearing officer which is appealable under
45 the provisions of this section shall be reviewed in any court unless an
46 appeal has been filed and determined in accordance with this subdivi-
47 sion. When an appeal has been filed, the order of the appeals board
48 shall be the final order of the bureau. Judicial review may be sought
49 pursuant to article seventy-eight of the civil practice law and rules.
50 9. Enforcement of judgments. (a) The bureau shall have the power to
51 enforce its final decisions and orders imposing civil penalties for
52 violations of laws, rules and regulations enforced by it as if they were
53 money judgments, without court proceedings, in the manner described in
54 this subdivision.
55 (b) Any final order of the bureau imposing a civil penalty, whether
56 the adjudication was had by hearing or upon default or otherwise, shall
S. 994 90 A. 1924
1 constitute a judgment rendered by the bureau which may be entered in the
2 civil court of the city of New York or any other place provided for the
3 entry of civil judgments within the state, and, provided that no
4 proceeding for judicial review shall then be pending, may be enforced
5 without court proceedings in the same manner as the enforcement of money
6 judgments entered in civil actions. A final order against any person or
7 persons shall be a bar to the criminal prosecution of, and in the case
8 of a minor, juvenile offender proceedings against, said person or
9 persons for conduct upon which the order was based.
10 (c) Notwithstanding paragraphs (a) and (b) of this subdivision: (1)
11 Before a judgment based upon a default may be so entered the bureau must
12 have attempted to notify the respondent by first class mail, in such
13 form as the bureau may direct: (i) of the default decision and order and
14 the penalty imposed; (ii) that a judgment will be entered in the civil
15 court of the city of New York or any other place provided for the entry
16 of civil judgments within the state; and (iii) the entry of such judg-
17 ments may be avoided by requesting a stay of default for good cause
18 shown and either requesting a hearing or entering a plea pursuant to the
19 rules of the bureau within thirty days of the mailing of such notice.
20 (2) Upon receipt by the bureau of a copy of an order to show cause in
21 lieu of a notice of petition, or of a notice of petition, served upon it
22 in a proceeding for judicial review of any final order of the bureau
23 which constitutes a judgment which may be entered in the civil court of
24 the city of New York or any other place provided for the entry of civil
25 judgments within the state, the bureau shall forthwith serve by first-
26 class mail the attorney for the petitioner in such proceeding, or if the
27 petitioner has initiated the proceeding pro se, the petitioner, with a
28 notice stating whether or not a judgment was entered in any such court
29 or other place provided for the entry of civil judgments within the
30 state prior to the pendency of such proceeding for judicial review. If
31 a judgment was so entered, such notice from the bureau also shall
32 contain: (i) the name and address of the court or other place in which
33 the judgment was entered, and (ii) identification of the judgment book,
34 index number, docket number, date of entry, other information or combi-
35 nation of the foregoing, sufficient for the petitioner's attorney in
36 such proceeding, or for the petitioner pro se, to locate such entry of
37 judgment according to the indexing system utilized by the court or other
38 place in which the judgment was entered. Proof of service of such notice
39 from the bureau shall be filed by the bureau with the court in which the
40 proceeding for judicial review is pending at the same time as the filing
41 with the court of the bureau's first legal papers in such proceeding.
42 The court in which the proceeding for judicial review is pending shall
43 not accept for filing the bureau's first legal papers in such proceeding
44 unless such legal papers are accompanied by such proof of service.
45 (d) A judgment entered pursuant to the provisions of this section
46 shall remain in full force and effect for eight years, notwithstanding
47 any other provision of law to the contrary.
48 10. Funds. All penalties collected pursuant to the provisions of this
49 section shall be paid to MTA subways to the credit of a transit crime
50 fund which MTA subways shall establish. Any sums in this fund shall be
51 used to pay for programs selected by the board of MTA subways, in its
52 discretion, to reduce the incidence of crimes and infractions on subway
53 and omnibus facilities, or to improve the enforcement of laws against
54 such crimes and infractions. Such funds shall be in addition to and not
55 in substitution for any funds provided by the state or the city of New
56 York for such purposes.
S. 994 91 A. 1924
1 § 1269. MTA subways - employees. 1. The appointment, promotion and
2 continuance of employment of all employees of MTA subways shall be
3 governed by the provisions of the civil service law and the rules of the
4 municipal civil service commission of the city. Employees of any board,
5 commission or department of the city may be transferred to positions of
6 employment under MTA subways in accordance with the provisions of the
7 civil service law and shall be eligible for such transfer and appoint-
8 ment without examination to such positions of employment. Employees who
9 have been appointed to positions in the service of the city under the
10 rules of the municipal civil service commission of the city shall have
11 the same status with respect thereto after transfer to positions of
12 employment under MTA subways as they had under their original appoint-
13 ments. Employees of MTA subways shall be subject to the provisions of
14 the civil service law.
15 2. Employment by MTA subways shall constitute city service for the
16 purposes of chapter one of title thirteen of the administrative code of
17 the city of New York and the contributions required to be made by MTA
18 subways pursuant to section 13-130 of such code shall be an operating
19 expense of MTA subways.
20 3. No assignment of, or power of attorney to collect or other instru-
21 ment affecting, the whole or any part of his salary or earnings by an
22 officer or employee of MTA subways, shall in any way operate to prevent
23 the payment of such salary or earnings directly to such officer or
24 employee unless approved in writing by a person duly designated by MTA
25 subways for such purpose. In the event of the payment of such salary or
26 earnings directly to such officer or employee, notwithstanding the
27 existence of an assignment of, or power of attorney to collect or other
28 instrument affecting, the whole or part thereof, not approved by such
29 designated person, no person shall have any cause of action therefor
30 against MTA subways for the recovery of any moneys by virtue of such
31 unapproved assignment, power of attorney to collect or other instrument.
32 Any such assignment, power of attorney or other instrument filed here-
33 after with MTA subways shall contain the name of the officer or employee
34 affected thereby and his title or the position in which he is employed.
35 MTA subways shall be entitled to receive a fee of two dollars upon the
36 filing of such assignment, power of attorney or other instrument. In the
37 event that such assignment, power of attorney or other instrument
38 contains a provision to the effect that the same shall be ineffective
39 unless subsequent written notice is given to MTA subways to make
40 deductions, the filing fee shall be fifty cents; and the filing fee of
41 any such subsequent written notice to make deductions in accordance with
42 the terms of any such assignment, power of attorney or other instrument
43 shall be one dollar and fifty cents. The filing fee of any other notice
44 or paper relating to any such assignment, power of attorney or other
45 instrument shall be one dollar.
46 § 1269-a. MTA subways and MTA bus - flexible benefits program. 1. For
47 purposes of this section, the following terms shall have the following
48 meanings:
49 (a) "Code" shall mean the United States internal revenue code of nine-
50 teen hundred eighty-six, as amended, and regulations promulgated there-
51 under.
52 (b) "Employee" shall mean any officer or employee of any of MTA
53 subways who is not eligible to receive benefits from the New York city
54 employee benefits program and any officer or employee of MTA buses who
55 immediately preceding such employment was an officer or employee of the
56 former New York city transit authority or the former Manhattan and Bronx
S. 994 92 A. 1924
1 surface transit operating authority and who was not eligible to receive
2 benefits from the New York city employee benefits program.
3 For purposes of this section, an independent contractor shall not be
4 considered an employee.
5 (c) "Flexible benefits program" shall mean the program established
6 pursuant to this section, qualifying as a cafeteria plan as defined in
7 section one hundred twenty-five of the code or any successor section
8 thereto providing similar benefits, and provided as a part of an employ-
9 ee benefits program administered by MTA subways.
10 (d) "Program administrator" shall mean that agent, as determined by
11 MTA subways, responsible for the maintenance and management of the flex-
12 ible benefits program as authorized in subdivision two of this section.
13 2. MTA subways is authorized to establish and implement a flexible
14 benefits program for its employees and the employees of MTA bus who are
15 not eligible to receive benefits from the New York city employee bene-
16 fits program, consistent with applicable provisions of the code. It may
17 enter into agreements with persons or entities to act as program admin-
18 istrators of the flexible benefits program. It shall establish regu-
19 lations for the appropriate administration of such flexible benefits
20 program.
21 3. At the request of an employee, the chief fiscal officer of MTA bus
22 or MTA subways, or the officer responsible for the administration of MTA
23 bus' or MTA subways' payroll, shall, by payroll deduction, adjust the
24 payment of the compensation of such employee as provided in a written
25 statement by the employee in connection with the establishment and main-
26 tenance of the flexible benefits program as authorized by subdivision
27 two of this section, and shall transfer the amount so adjusted to the
28 authorized program administrator.
29 4. Moneys held for employees in any accounts established pursuant to
30 the flexible benefits program, as authorized in subdivision two of this
31 section, shall be held by the program administrator as agent for the
32 participating employee, shall be accounted for separately and shall
33 remain the property of MTA bus or MTA subways, as applicable, to the
34 extent required by the code. Notwithstanding any law to the contrary,
35 moneys may be paid out of such accounts without any appropriation by
36 law. Any unexpended balances in such accounts at the end of a plan year
37 as that term is defined by the United States internal revenue service
38 shall be returned to the control of MTA bus or MTA subways, as applica-
39 ble, to the extent required by the code.
40 5. To the extent permitted by the code, any salary deduction or defer-
41 ral to an employee under the flexible benefits program established
42 pursuant to this section shall be considered part of such employee's
43 annual compensation for the purpose of computing pension contributions
44 and retirement benefits by any retirement system or plan to which MTA
45 bus or MTA subways contributes on behalf of said employee. However, this
46 subdivision shall in no way be construed to supersede the provisions of
47 sections four hundred thirty-one, five hundred twelve and six hundred
48 eight of the retirement and social security law or any other similar
49 provision of law which limits the salary base for computing retirement
50 benefits payable by a public retirement system.
51 § 1270. MTA subways - actions against MTA subways. Actions against
52 MTA subways must be brought pursuant to section twelve hundred sixty-
53 three of this title except that the rate of interest shall not exceed
54 three per centum per annum.
55 § 1270-a. MTA subways - rapid transit law. During any period when the
56 transit authority lease is in existence:
S. 994 93 A. 1924
1 1. Articles five and eight and sections ten, eleven, twelve, thirteen,
2 fourteen, fifteen, seventeen, thirty, thirty-two, thirty-six, thirty-
3 six-a, thirty-seven, and thirty-eight of the rapid transit law shall be
4 suspended.
5 2. Articles one, three, six, seven and nine and sections sixteen,
6 sixteen-a, thirty-one, thirty-three, thirty-four and thirty-five of the
7 rapid transit law shall continue in force and effect and MTA subways
8 shall have and exercise all the functions, powers and duties heretofore
9 exercised by the board of transportation, or any members or officers
10 thereof, under such articles and sections, provided, however, that where
11 the provisions of this title shall be inconsistent with any of the
12 provisions of such articles or sections of such law, the provisions of
13 this title shall govern and control.
14 § 1270-b. MTA subways - construction of terms. Whenever the term
15 public service commission, or board of rapid transit railroad commis-
16 sioners, or transit construction commissioner, or transit commission or
17 board of transportation, occurs in any law, contract or document relat-
18 ing to facilities conveyed to MTA subways or their operation or any
19 other duty imposed upon MTA subways pursuant to this title, or when in
20 any law, contract or document reference is made to such commission,
21 board, commissioner, or board of transportation in connection with such
22 facilities, operations or duties whereof was so conveyed, such term or
23 reference shall be deemed to refer to and include MTA subways, to the
24 extent consistent with the provisions of such law, contract or document.
25 For the purposes of subdivision four of section fifty of the workers'
26 compensation law, the term other political subdivision of the state
27 shall be deemed to refer to and include MTA subways and MTA Staten
28 Island rail. For the purposes of section three hundred twenty-one of the
29 vehicle and traffic law, the term any political subdivision shall be
30 deemed to refer to and include MTA subways and MTA Staten Island rail.
31 § 1270-c. MTA subways - continuity of jurisdiction. MTA subways shall
32 be deemed and held to constitute a continuation, as to matters within
33 its jurisdiction, of the board of transportation for the purpose of
34 succession to the rights, powers, duties and obligations of the board of
35 transportation transferred to such authority. Upon the termination of
36 the transit authority lease, all the rights and properties of MTA
37 subways shall pass to the city and the city shall succeed to the rights,
38 powers, duties and obligations of MTA subways.
39 § 1271. MTA bus - creation. 1. There is hereby created, as a subsid-
40 iary of the authority, a body corporate and politic constituting a
41 public benefit corporation to be known as "MTA bus".
42 2. MTA bus, the corporation created by subdivision one of this
43 section, MTA Bus Company, a subsidiary of the authority, that part of
44 the New York city transit authority, the corporation created by chapter
45 five hundred seventy-nine of the laws of nineteen hundred fifty-five, as
46 amended, which related to the omnibus services of such authority,
47 Manhattan and Bronx Surface Transit Operating Authority, the corporation
48 created by chapter one hundred sixty-three of the laws of nineteen
49 hundred sixty-two, as amended, and Metropolitan Suburban Bus Authority,
50 a subsidiary of the authority, are hereby consolidated into a single
51 corporation, which shall be a continuance of the corporate existence of
52 the corporation and authorities so consolidated.
53 3. In this section the words "original authorities" refers to MTA Bus
54 Company, New York city transit authority, Manhattan and Bronx surface
55 transit operating authority and metropolitan suburban bus authority, and
S. 994 94 A. 1924
1 the words "consolidated corporation" refer to the single corporation
2 resulting from consolidation.
3 4. The board of MTA bus shall be the board of the authority and all
4 powers of the consolidated corporation shall be vested in and exercised
5 by said board.
6 5. All property, rights and powers of the former New York city transit
7 authority which related to the omnibus services of such authority, and
8 of the other original authorities are hereby vested in and shall be
9 exercised by the consolidated corporation, subject, however, to all
10 pledges, covenants, agreements and trusts made or created by the
11 original authorities.
12 6. (a) All debts, liabilities, obligations, agreements and covenants
13 of the former New York city transit authority are hereby imposed jointly
14 and severally upon the consolidated corporation and MTA subways.
15 (b) All debts, liabilities, obligations and covenants of the three
16 other original authorities are hereby imposed upon the consolidated
17 corporation.
18 7. (a) All bondholders and other creditors of the former New York city
19 transit authority and persons having claims against or contracts with
20 New York city transit authority of any kind or character may enforce
21 such debts, claims and contracts jointly and severally against the
22 consolidated corporation and MTA bus in the same manner as they might
23 have against New York city transit authority and the rights and remedies
24 of such bondholders, creditors and persons having claims or contracts
25 shall not be limited or restricted in any manner by this title.
26 (b) All bondholders and other creditors of the three other original
27 authorities and persons having claims against or contracts with such
28 original authorities of any kind or character may enforce such debts,
29 claims and contracts against the consolidated corporation in the same
30 manner as they might have against such original authorities and the
31 rights and remedies of such bondholders, creditors and persons having
32 claims or contracts shall not be limited or restricted in any manner by
33 this title.
34 8. In continuing the functions and carrying out the contracts, obli-
35 gations and duties of the original authorities, the consolidated corpo-
36 ration is hereby authorized to act in its own name or in the name of the
37 original authorities as may be convenient or advisable.
38 9. All employees of the former New York city transit authority and of
39 the three other original authorities who were in positions, as deter-
40 mined by the authority, which were principally involved in the omnibus
41 services of such authority shall become employees of the consolidated
42 corporation. Nothing in this title shall affect the civil service status
43 of employees of the former New York city transit authority or their
44 rights, privileges, obligations or status with respect to any pension or
45 retirement system.
46 10. The consolidated corporation and its corporate existence shall
47 continue until all its liabilities have been met and its other obli-
48 gations have been paid in full or such liabilities or other obligations
49 have otherwise been discharged, including bonds, notes and other obli-
50 gations issued by the authority that are payable in whole or in part by
51 revenues of MTA bus and MTA subways. When all liabilities incurred by
52 MTA bus of every kind and character have been met and all its other
53 obligations have been paid in full, including bonds, notes and other
54 obligations issued by the authority that are payable in whole or in part
55 by revenues of MTA bus and MTA subways, or such liabilities or other
56 obligations have otherwise been discharged, all rights and properties of
S. 994 95 A. 1924
1 MTA bus that are subject to the master lease with the city shall pass to
2 and be vested in the city and all other rights and properties of MTA bus
3 shall pass to and be vested in any entity determined by the board.
4 § 1271-a. MTA bus - purposes. 1. In addition to the purposes set forth
5 in section twelve hundred sixty-d of this title, the purposes of MTA bus
6 shall be the operation of certain transportation facilities within the
7 metropolitan commuter transportation district created by section twelve
8 hundred sixty-two of this title through the establishment of, the acqui-
9 sition of and/or assumption of operational responsibility for such
10 transportation facilities for the convenience and safety of the public
11 pursuant to the powers conferred hereunder on a basis that will enable
12 the operations thereof, exclusive of capital costs, to be self-sustain-
13 ing, and, in coordination with the authority, the continuance, further
14 development and improvement of commuter transportation and other service
15 related thereto within the transportation district and the development
16 and implementation of a unified mass transportation policy for such
17 district.
18 2. It is hereby found and declared that such purposes are in all
19 respects for the benefit of the people of the state and MTA bus shall be
20 regarded as performing an essential governmental function in carrying
21 out its corporate purpose in exercising the powers granted by this
22 title.
23 3. Notwithstanding the provisions of any general, special or local law
24 to the contrary, each political subdivision of the state, municipality,
25 commission, public benefit corporation, agency, department or private
26 entity operating, or authorized to operate, omnibus facilities within
27 said district ("omnibus provider") is hereby authorized pursuant to
28 section twelve hundred seventy-one-b of this title to transfer responsi-
29 bility for the ownership and/or operation of any such omnibus facilities
30 to MTA bus upon terms mutually satisfactory to such omnibus provider and
31 MTA bus.
32 § 1271-b. MTA bus - omnibus facilities. 1. MTA bus shall have the
33 right to incur capital costs of any nature in its own name or in the
34 name of the authority or MTA bridges and tunnels (to the extent either
35 funds such capital costs) to the extent that capital funds are available
36 to it for expenditures of such nature pursuant to any provision of law,
37 which capital costs shall not be payable by the city.
38 2. No provision in the existing leases, as such term is defined in
39 section twelve hundred sixty-eight-b of this title, now existing or
40 hereafter made, shall purport to limit or restrict or have the effect of
41 limiting or restricting, the power granted to MTA bus to manage, control
42 or direct the maintenance and operation of the omnibus facilities or the
43 fares or service thereof.
44 3. Such existing leases or any amendments thereto hereafter made may
45 contain provisions relating to the use and occupancy by MTA bus of real
46 property now or hereafter owned or leased by the city, on such terms as
47 may be mutually agreed upon by the city and MTA bus, and may provide for
48 or authorize surrenders to the city of property no longer required by
49 the MTA bus.
50 4. The city and MTA bus are hereby authorized and empowered to make or
51 enter into any contracts, agreements, deeds, leases, conveyances or
52 other instruments as may be necessary or appropriate to effectuate the
53 purposes of this title and they shall have complete power and authority
54 to do and to authorize the doing of all things, incidental, desirable or
55 necessary to implement the provisions of this section, including without
56 limitation, any renewal or amendment of the existing leases on such
S. 994 96 A. 1924
1 additional terms and conditions, not inconsistent with law, as may be
2 approved by the city and MTA bus.
3 5. MTA bus, with respect to omnibus facilities, shall take possession
4 and control of such facilities and other property transferred under the
5 existing leases together with all contracts, books, maps, plans, papers
6 and records of or in the possession of the city of whatever description,
7 incidental to or necessary for the operation of the facilities trans-
8 ferred by such agreement or the performance of the duties of MTA bus as
9 provided by this title.
10 6. Notwithstanding the provisions of this title or of any general,
11 special or local law to the contrary, the city and the MTA bus may enter
12 into an agreement which shall provide that any omnibus lines hereafter
13 acquired by the city may be leased by the city for operation and mainte-
14 nance to MTA bus. The status of such officers and employees as shall be
15 taken into the service of MTA bus, including those who had been employed
16 by the former owner of any such omnibus lines, shall be governed exclu-
17 sively by the provisions of paragraph (d) of subdivision one of section
18 twelve hundred seventy-one-c of this title.
19 7. The lease and operating agreement made as of the fifteenth day of
20 January, nineteen hundred seventy-three, by and between the county of
21 Nassau and metropolitan suburban bus authority, as supplemented,
22 amended, or renewed and the tenancies created thereby are referred to in
23 this section as "the existing Nassau lease". The existing Nassau lease
24 is hereby ratified and shall continue in full force and effect according
25 to its terms except that MTA bus shall succeed to the interests and
26 obligations of the metropolitan suburban bus authority thereunder.
27 8. (a) MTA bus may enter into one or more agreements with each poli-
28 tical subdivision of the state, municipality, commission, public benefit
29 corporation, agency, or department, and any private entity operating, or
30 authorized to operate, omnibus facilities within said metropolitan
31 commuter transportation district at any time after January first, two
32 thousand four ("omnibus provider") for the acquisition by contract,
33 lease or otherwise, with or without consideration, of all or any part of
34 the omnibus facilities. Any such agreement shall be by instruments duly
35 authorized by the governing body of each of such entities or, in the
36 case of the city of New York, by the mayor, shall authorize MTA bus to
37 take jurisdiction, control, possession and supervision of such omnibus
38 facilities, materials, and supplies upon a date certain, and shall
39 provide for the transfer of such facilities by deed, lease, license or
40 other arrangement. Each such agreement entered into pursuant to this
41 subdivision shall provide that MTA bus shall have the use and possession
42 of all property necessary for the operation of those omnibus facilities.
43 No provision in any agreement entered into pursuant to this subdivision
44 shall purport to limit or restrict or have the effect of limiting or
45 restricting, the power granted MTA bus to manage, control or direct the
46 maintenance and operation of such omnibus facilities or the fares or
47 service thereof.
48 (b) Upon the filing by MTA bus with the clerk of the city or the clerk
49 of any other relevant jurisdiction and/or the secretary of state, a copy
50 of the instruments and documents effectuating such transfers, MTA bus
51 shall take possession and control of the omnibus facilities and other
52 property transferred thereby together with all contracts, books, maps,
53 plans, papers and records of or in the possession of the omnibus provid-
54 er, as the case may be, of whatever description, incidental to or neces-
55 sary for the operation of the facilities transferred by such agreement
56 or the performance of the duties of MTA bus as provided by this section.
S. 994 97 A. 1924
1 9. Notwithstanding any other provision of law to the contrary, with
2 respect to interests in transportation facilities conveyed to MTA bus in
3 accordance with this section, MTA bus in occupancy or possession of such
4 facility shall be deemed its sole owner with respect to all obligations
5 and liabilities imposed by law on property owners.
6 § 1271-c. MTA bus - general powers. 1. MTA bus shall have all of the
7 powers vested in the authority by the provisions of this title except
8 those contained in subdivisions three, eight and nine of section twelve
9 hundred sixty-e and subdivisions three and fifteen of section twelve
10 hundred sixty-f of this title, provided, however, that MTA bus shall
11 have the power to contract indebtedness in connection with obtaining or
12 securing insurance liabilities for its own account or in conjunction
13 with other MTA agencies, including the power to make payments in
14 connection with bonds and notes issued pursuant to section twelve
15 hundred sixty-two-d of this title. In addition, MTA bus shall have the
16 following powers:
17 (a) Pursuant to the provisions of this section, to own, maintain and
18 operate its omnibus lines and any omnibus lines transferred to it by any
19 other person or entity.
20 (b) To make, amend and repeal rules governing the conduct and safety
21 of the public as it may deem necessary, convenient or desirable for the
22 use and operation of the omnibus facilities under its jurisdiction,
23 including without limitation rules relating to the protection or mainte-
24 nance of such facilities, the conduct and safety of the public, the
25 payment of fares or other lawful charges for the use of such facilities,
26 the presentation or display of documentation permitting free passage,
27 reduced fare passage or full fare passage on such facilities and the
28 protection of the revenue of the authority. Violations of such rules
29 shall be an offense punishable by a fine not exceeding twenty-five
30 dollars or by imprisonment for not longer than ten days, or both, or may
31 be punishable by the imposition by the transit adjudication bureau
32 established pursuant to the provisions of this title of a civil penalty
33 in an amount for each violation not to exceed one hundred dollars
34 (exclusive of interest or costs assessed thereon), in accordance with a
35 schedule of such penalties as may from time to time be established by
36 rules of the authority. Such schedule of penalties may provide for the
37 imposition of additional penalties, not to exceed a total of fifty
38 dollars for each violation, upon the failure of a respondent in any
39 proceeding commenced with respect to any such violation to make timely
40 response to or appearance in connection with a notice of violation of
41 such rule or to any subsequent notice or order issued by the authority
42 in such proceeding. There shall be no penalty or increment in fine by
43 virtue of a respondent's timely exercise of his right to a hearing or
44 appeal. The rules may provide, in addition to any other sanctions, for
45 the confiscation of tokens, tickets, cards or other fare media that have
46 been forged, counterfeited, improperly altered or transferred, or other-
47 wise used in a manner inconsistent with such rules.
48 (c) To establish, by written notice to the mayor not less than ten
49 days prior to operation thereon, omnibus routes in the district where,
50 on the date of the consolidation referred to in section twelve hundred
51 seventy-one of this title and on the date of any subsequent transfer to
52 MTA bus, omnibuses had been operating or had been approved for operation
53 in accordance with applicable law and to operate omnibus lines on those
54 routes. Operation of omnibus lines on such routes by MTA bus, together
55 with any extensions necessary to provide complete service, shall be
56 deemed to constitute operation over approved routes with the same force
S. 994 98 A. 1924
1 and effect as if such routes had been duly approved in accordance with
2 applicable law. MTA bus shall have the power to operate omnibus lines on
3 such other routes within the metropolitan commuter transportation
4 district as may be authorized from time to time in accordance with
5 applicable law. Nothing contained in this paragraph shall be construed
6 to limit the power of MTA bus to modify, discontinue, curtail or change
7 routes where the convenience and safety of the public would be served
8 thereby or where existing routes are inefficient or uneconomical.
9 (d) To appoint and employ such officers and employees as it may
10 require for the performance of its duties, and to fix and determine
11 their qualifications, duties and compensation, to grant, in its
12 discretion, cash payments to the surviving spouse or to the legal repre-
13 sentatives of its deceased employees, equal to the current monetary
14 value of accumulated and unused vacation time, if any, and the monetary
15 value of accumulated and unused overtime, if any, for overtime which was
16 worked and credited subsequent to June fifteenth, nineteen hundred
17 fifty-three, computed at the rate of salary in effect at the time the
18 overtime was worked, standing to the credit of its employees as of the
19 time of their death and, notwithstanding the provisions of section one
20 hundred thirty-five of the civil service law or any other state or local
21 law to the contrary, to grant, in its discretion, severance pay to
22 surplus employees on separation from service.
23 (i) Transferred Employees:
24 (A) Upon consolidation of ownership and/or responsibility for the
25 operation of the omnibus lines and facilities owned or operated by the
26 New York city transit authority, the Manhattan and Bronx surface transit
27 operating authority, the metropolitan suburban bus authority and the MTA
28 bus company into MTA bus, as provided by section twelve hundred seven-
29 ty-one of this title, the employees of each such authority who were in
30 positions, as determined by the authority, which were principally
31 involved in the omnibus services of such authority shall become employ-
32 ees of MTA bus.
33 (B) Upon operation of any other omnibus lines and facilities pursuant
34 to an agreement authorized by subdivision nine of section twelve hundred
35 seventy-one-b of this title, employees who were represented by a collec-
36 tive bargaining representative and were in positions which were engaged
37 in the operation of omnibus services and any other employees who, as set
38 forth in such agreement, were in positions which were engaged in the
39 operation of omnibus services shall become employees of MTA bus.
40 (C) Any public officer or employee under civil service transferred to
41 MTA bus from any omnibus provider or otherwise selected for appointment
42 by MTA bus shall be eligible for such transfer and appointment without
43 examination to comparable offices, positions and employment under MTA
44 bus. MTA bus shall pay the salary or compensation of any such officer or
45 employee after such transfer. All such officers and employees who have
46 been appointed to positions under the rules and classifications of the
47 civil service commission shall have the same status with respect thereto
48 and after transfer to MTA bus as they had under their original appoint-
49 ments.
50 (D) Upon appointments made by transferring an entire group of employ-
51 ees to MTA bus, thereby eliminating such group of employees from the
52 transferring entity, MTA bus shall recognize the representative previ-
53 ously chosen by those employees for the purposes of collective negoti-
54 ations consistent with the bargaining units already established and
55 shall also assume and continue to observe any existing labor contracts
56 (including the terms of labor contracts, duly entered pursuant to the
S. 994 99 A. 1924
1 provisions of article fourteen of the civil service law or of 29 USC
2 §§151 through 169, that have expired but whose terms are extended by
3 operation of law, or where the parties thereto had continued to abide by
4 the terms of such contracts) covering those employees including such
5 provisions which relate to the grievance and disciplinary procedures and
6 interest arbitration, provided that nothing contained in this subpara-
7 graph shall be construed to supersede the provisions of article fourteen
8 of the civil service law as they relate to expired contracts. Subsequent
9 to the employees' transfers to MTA bus, MTA bus and the collective
10 bargaining representatives shall be authorized to negotiate a merger of
11 the separate bargaining units. Should no agreement be reached, MTA bus
12 and/or the collective bargaining representatives may petition the public
13 employment relations board created under section two hundred five of the
14 civil service law to resolve any dispute relating to the representation
15 status of employees of MTA bus.
16 (ii) For the appointment of new employees to entry level positions,
17 MTA bus shall utilize a fair and nondiscriminatory competitive process
18 to be determined at the discretion of MTA bus. Officers and employees of
19 MTA bus shall not become, for any purpose, employees of any other entity
20 and shall not acquire civil service status or become members of the New
21 York city or state and local employees' retirement systems, except as
22 set forth below in paragraphs (b) and (c) of subdivision two of section
23 twelve hundred seventy-one-f of this title. However, for purposes of
24 subparagraph (i) of paragraph three of subsection (c) of section six
25 hundred twelve of the tax law, officers and employees of MTA bus shall
26 be deemed to be officers and employees of a subdivision of the state.
27 (e) With the consent of the MTA agencies, to use officers, employees,
28 agents and facilities of any such MTA agency and to reimburse such MTA
29 agency therefor.
30 (f) With the consent of the city, to use officers, employees, agents
31 and facilities of the city paying to the city an agreed proportion or
32 amount of the compensation or costs involved.
33 (g) To retain or employ counsel, auditors, engineers and private
34 consultants on a contract basis or otherwise for rendering professional
35 or technical services and advice.
36 (h) Pursuant to the provisions of this title, to construct, recon-
37 struct, improve, maintain and operate any omnibus facility, whether now
38 existing, or constructed, acquired or provided in the future, and to fix
39 fares on any such omnibus facilities.
40 (i) To construct, reconstruct, improve, maintain and operate build-
41 ings, structures and facilities as may be necessary or convenient and to
42 maintain and operate, directly or enter into contracts or leases for the
43 acquisition, maintenance, and operation of areas for the parking of
44 motor vehicles in the vicinity of its omnibus facilities, and in its
45 discretion to fix and charge for such parking a combination fee which
46 shall include the established rate of fare for use of its omnibus facil-
47 ities.
48 (j) To make or enter into contracts, agreements, deeds, leases,
49 conveyances or other instruments necessary or convenient, and to assist
50 and cooperate with the other MTA agencies to carry out the powers of the
51 other MTA agencies in furtherance of their purposes and powers as
52 provided in this article, including, without limitation, the trans-
53 actions described in sections twelve hundred sixty-g, twelve hundred
54 sixty-two-h, twelve hundred sixty-two-i and twelve hundred sixty-six of
55 this title. This power shall include the power to make contracts with
56 other persons operating transportation facilities for combined fares for
S. 994 100 A. 1924
1 the use of such facilities and the omnibus facilities operated by MTA
2 bus and for the division of such fares.
3 (k) Subject to the existing leases as such term is used in section
4 twelve hundred seventy-one-b of this title, to surrender to the appro-
5 priate political subdivision of the state, municipality, commission,
6 public benefit corporation, agency, department or private entity proper-
7 ty no longer required by MTA bus.
8 (l) To rent space and grant concessions on or in any omnibus or other
9 facility under its jurisdiction, to fix and collect rentals, fees or
10 other charges therefor, and to contract for the sale or disposition of
11 waste, products or by-products incidental to its operations or in excess
12 of its requirements.
13 (m) Notwithstanding the provisions of sections 120.20, 120.25, 145.00,
14 145.05, 145.10, 145.15, 145.20, and 240.30 of the penal law or the
15 provisions of any general, special or local law, code, ordinance, rule
16 or regulation to the contrary MTA bus may erect signs or other printed,
17 painted or advertising matter on any property, including elevated struc-
18 tures, leased or operated by it or otherwise under its jurisdiction and
19 control and may rent, lease or otherwise sell the right to do so to any
20 person, private or public.
21 (n) To establish and publish or cause to be published schedules for
22 all its omnibus services. Such schedules shall include the estimated
23 departure and arrival time at each terminal point of each route except
24 that, on lines where the headway time during the period between six A.M.
25 and seven P.M. is less than ten minutes, such headway time alone may be
26 listed for that period. Such schedules shall also show the elapsed
27 running time between the terminal and each station. Schedules shall be
28 made available at each facility on the applicable route at which fare
29 media are sold and shall be posted at each appropriate station operated
30 by MTA bus.
31 2. A copy of any report submitted by MTA bus pursuant to sections
32 twenty-eight hundred, twenty-eight hundred one and twenty-eight hundred
33 two of this chapter shall be forwarded to the mayor and to the chair of
34 the board of supervisors and to the county executive, if any, of each
35 county within which MTA bus operates.
36 § 1271-d. MTA bus - advisory council. 1. There is hereby created the
37 MTA bus advisory council, to study, investigate, monitor and make recom-
38 mendations with respect to the maintenance and operation of MTA bus.
39 Such council shall study and investigate all aspects of the day-to-day
40 operations of such corporation, monitor its performance and recommend
41 changes to improve the efficiency of the operation thereof.
42 2. Such council shall consist of nine members who shall be commuters
43 who regularly use the transportation services of MTA bus. Four of such
44 members shall be appointed by the governor upon the recommendation of
45 the mayor of the city of New York; four upon the recommendation of the
46 president of the city council of the city of New York; and one upon the
47 recommendation of the county executive of the county of Nassau. In the
48 event MTA bus' operations extend to another county within the district,
49 the county executive of that county shall recommend a member to the
50 governor for an additional appointment to the council, thereby expanding
51 the membership of the council. The chairperson shall be a member
52 selected by the membership of the committee. Each of the members shall
53 serve for a term of two years, provided, however, that of the first
54 appointments, two appointed upon the recommendation of the mayor and two
55 appointed upon the recommendation of the president of the city council
56 shall serve for a term of one year. Vacancies occurring other than by
S. 994 101 A. 1924
1 expiration of term shall be filled in the same manner as the original
2 appointments for the balance of the unexpired term.
3 3. The members of the council shall receive no compensation for their
4 services but shall be reimbursed for actual and necessary expenses
5 incurred in the performance of their duties.
6 4. The council may request and shall receive from any department,
7 division, board, bureau, commission, agency, public authority of the
8 state or any political subdivision thereof such assistance and data as
9 will enable it properly to carry out its activities hereunder and effec-
10 tuate the purposes set forth in this section.
11 § 1271-e. MTA bus - rates of fare and levels of service. 1. MTA bus
12 may establish, levy and collect or cause to be established, levied and
13 collected and, in the case of a joint service arrangement, join with
14 others in the establishment, levy and collection of such fares, tolls,
15 rentals, rates, charges and other fees as it may deem necessary, conven-
16 ient or desirable for the use and operation of any omnibus facility and
17 related services operated by MTA bus or under contract, lease or other
18 arrangement, including joint service arrangements, with MTA bus. Such
19 fares, tolls, rentals, rates, charges and other fees shall be estab-
20 lished as may in the judgment of MTA bus be necessary to maintain the
21 operations of MTA bus on a self-sustaining basis. Said operations shall
22 be deemed to be on a self-sustaining basis, as required by this title,
23 when MTA bus is able to pay from revenue, from any funds granted or
24 transferred to MTA bus pursuant to any provision of law, and from any
25 other funds or property actually available to MTA bus, including the
26 proceeds of borrowings for working capital purposes, the cost and
27 expense of keeping the properties and assets of MTA bus in good condi-
28 tion and repair and the capital and operating expenses of MTA bus. Noth-
29 ing in this section shall prevent MTA bus from establishing a joint fare
30 program with MTA subways or any other MTA agency, which joint fare
31 program could provide for intermodal or interagency transfers at no
32 charge.
33 2. The fares to be charged on all omnibus lines shall (i) at the
34 creation of MTA bus be consistent with the fares previously established
35 by the New York city transit authority for its omnibus lines; and, (ii)
36 thereafter, be consistent with the fares established by MTA bus for the
37 omnibus lines formerly operated by New York city transit authority and
38 transferred to MTA bus.
39 3. Upon the written request of the mayor of the city of New York, or,
40 outside the city of New York, any other elected official with appropri-
41 ate jurisdiction, MTA bus shall permit reduced fares for one or more
42 classes of omnibus line users designated by the mayor or other elected
43 official with appropriate jurisdiction upon the agreement of the city,
44 other municipality or other political subdivision to assume the burden
45 of the resulting differential, together with the attendant administra-
46 tive costs of MTA bus, pursuant to procedures satisfactory to MTA bus.
47 4. Notwithstanding the provisions of subdivision one of this section,
48 no general revision of the system of transfers applicable to the use of
49 all the omnibus facilities and the subways facilities operated by the
50 former New York city transit authority in effect as of March first,
51 nineteen hundred sixty-eight shall be established without the written
52 approval of the mayor.
53 5. No acts or activities taken or proposed to be taken by MTA bus
54 pursuant to the provisions of subdivision one or two of this section
55 shall be deemed to be "actions" for the purposes or within the meaning
56 of article eight of the environmental conservation law.
S. 994 102 A. 1924
1 6. (a) No substantial reduction in levels of service operated by the
2 MTA bus company shall be made unless approved by resolution adopted by
3 not less than a majority vote of the whole number of members of the
4 company then in office, with the chairperson having one additional vote
5 in the event of a tie vote, and only after a public hearing. For
6 purposes of this paragraph, a substantial reduction in level of service
7 shall mean:
8 (i) a reduction in scheduled service on any omnibus line of twenty-
9 five percent or more, as measured by daily scheduled bus revenue miles;
10 (ii) a reduction by one or more hours in the daily span of service in
11 which an omnibus line is operational; and
12 (iii) the total distance of an omnibus line is reduced by twenty-five
13 percent or more of the total line miles operated.
14 (b) For purposes of determining a reduction in a level of service as
15 set forth in paragraph (a) of this subdivision, all changes in service
16 occurring during the twelve-month period immediately preceding the
17 reduction shall be aggregated.
18 (c) With respect to all changes in omnibus service schedules and all
19 omnibus route changes, the MTA bus company shall provide written notifi-
20 cation of the proposed change to any affected community board prior to
21 implementation of the change. Except to the extent otherwise required
22 pursuant to the provisions of paragraph (a) of this subdivision, nothing
23 contained herein shall be deemed to require a public hearing with
24 respect to any proposed schedule or route change.
25 (d) The provisions of this subdivision shall not apply during the
26 following circumstances:
27 (i) construction or maintenance activities affecting services on an
28 omnibus line;
29 (ii) experimental services changes or demonstration projects of a
30 duration not anticipated to exceed one hundred eighty days;
31 (iii) schedule adjustments on account of a public holiday, event,
32 school, calendar or other seasonal adjustments;
33 (iv) emergencies or other unanticipated service disruptions; or
34 (v) minor route changes attributable to safety considerations.
35 (e) Whenever MTA bus causes notices of hearings on proposed changes in
36 services or fares to be posted pursuant to this section or any statute,
37 regulation, or its policy, or where it voluntarily posts such notices,
38 such notices shall: (a) be written in a clear and coherent manner using
39 words with common and every day meaning; (b) be captioned in large point
40 type bold lettering with a title that fairly and accurately conveys the
41 basic nature of such change or changes; (c) where such change involves a
42 proposed change in levels of fare, include in its title the range of
43 amounts of fare changes under consideration; (d) contain, to the extent
44 practicable, a concise description of the specific nature of the change
45 or changes, including but not limited to a concise description of those
46 changes that affect the largest number of passengers; (e) where such
47 change involves a change in the nature of a route, contain, to the
48 extent practicable, a clear graphic illustration of such change or
49 changes; and (f) where such change involves closing a bus stop, such
50 notice shall be posted at the affected bus stop with a clear graphic
51 illustration depicting the nature of any closing for such bus stop.
52 7. Notwithstanding any other provision of law, MTA bus shall establish
53 and implement a half fare rate program for persons with serious mental
54 illness who are eligible to receive supplemental security income bene-
55 fits as defined pursuant to title sixteen of the federal social security
56 act and section two hundred nine of the social services law. The half
S. 994 103 A. 1924
1 fare rate program established and implemented pursuant to this subdivi-
2 sion shall be in operation during all hours in which MTA bus provides
3 services, and such program shall not be limited in operation to off-peak
4 hours or to any other hours designated by MTA bus.
5 § 1271-f. MTA bus - employees. 1. Except as provided in subdivision
6 two of this section, officers and employees of MTA bus shall become
7 members of the authority's defined benefit pension plan, which plan
8 shall include, among others, a retirement benefits program consistent
9 with the terms of the Manhattan and Bronx surface transit operating
10 authority pension plan (hereinafter "mabstoa pension plan") and have the
11 same rights, privileges, obligations and status as similarly situated
12 tier IV employees have in the mabstoa pension plan as of the effective
13 date of this section.
14 2. (a) Any officer or employee of the Manhattan and Bronx surface
15 transit operating authority who is a member of the mabstoa pension plan
16 and who becomes an employee of MTA bus pursuant to the provisions of
17 paragraph (d) of subdivision one of section twelve hundred seventy-one-c
18 of this title shall continue to have all rights, privileges, obligations
19 and status with respect to such pension plan, as such rights, privileges
20 and obligations exist as of the effective date of this section, but
21 during the period of employment by MTA bus, all contributions to any
22 such plan to be paid by the employer on account of such officer or
23 employee, shall be paid by MTA bus.
24 (b) Any officer or employee of the New York city transit authority who
25 is a member of the New York city employees' retirement system and who
26 becomes an employee of MTA bus pursuant to the provisions of paragraph
27 (d) of subdivision one of section twelve hundred seventy-one-c of this
28 title shall continue to have all rights, privileges, obligations and
29 status with respect to such system as are now prescribed by law, includ-
30 ing, but not limited to, being deemed a transit authority member for all
31 purposes under the provisions of chapter one of title thirteen of the
32 administrative code of the city of New York, but during the period of
33 employment by MTA bus, all contributions to such system to be paid by
34 the employer on account of such officer or employee shall be paid by MTA
35 bus.
36 (c) Except for officers and employees covered by paragraphs (a) or (b)
37 of this subdivision, any officer or employee of any other MTA agency who
38 becomes an employee of MTA bus pursuant to the provisions of paragraph
39 (d) of subdivision one of section twelve hundred seventy-one-c of this
40 title, and who are members of or beneficiaries under any other existing
41 pension plan, pension fund or retirement system shall continue to have
42 all rights, privileges, obligations and status with respect to such
43 plan, fund or system as are now prescribed by law, but during the period
44 of employment by MTA bus all contributions to any such plan, fund or
45 system to be paid by the employer on account of such officer or employ-
46 ee, shall be paid by MTA bus.
47 (d) The authority, in its sole discretion, may determine to merge the
48 MaBSTOA pension plan with its defined benefit pension plan in order to
49 provide the retirement benefit program set forth in this subdivision.
50 (e) No assignment of, or power of attorney to collect or other instru-
51 ment affecting, the whole or any part of his salary or earnings by an
52 officer or employee of MTA bus, shall in any way operate to prevent the
53 payment of such salary or earnings directly to such officer or employee
54 unless approved in writing by a person duly designated by MTA bus for
55 such purpose. In the event of the payment of such salary or earnings
56 directly to such officer or employee, notwithstanding the existence of
S. 994 104 A. 1924
1 an assignment of, or power of attorney to collect or other instrument
2 affecting, the whole or part thereof, not approved by such designated
3 person, no person shall have any cause of action therefor against MTA
4 bus for the recovery of any moneys by virtue of such unapproved assign-
5 ment, power of attorney to collect or other instrument. Any such assign-
6 ment, power of attorney or other instrument filed hereafter with MTA bus
7 shall contain the name of the officer or employee affected thereby and
8 his title or the position in which he is employed. MTA bus shall be
9 entitled to receive a fee of two dollars upon the filing of such assign-
10 ment, power of attorney or other instrument. In the event that such
11 assignment, power of attorney or other instrument contains a provision
12 to the effect that the same shall be ineffective unless subsequent writ-
13 ten notice is given to MTA bus to make deductions, the filing fee shall
14 be fifty cents; and the filing fee of any such subsequent written notice
15 to make deductions in accordance with the terms of any such assignment,
16 power of attorney or other instrument shall be one dollar and fifty
17 cents. The filing fee of any other notice or paper relating to any such
18 assignment, power of attorney or other instrument shall be one dollar.
19 § 1271-g. MTA bus - contracts. Any contract for public work or any
20 purchase contract on behalf of MTA bus shall be made under the same
21 terms and conditions as provided in section twelve hundred sixty-k of
22 this title.
23 § 1272. MTA bus - actions against MTA bus. Actions against MTA bus
24 must be brought in compliance and shall be governed by section twelve
25 hundred sixty-three of this title except that the rate of interest shall
26 not exceed three per centum per annum.
27 § 1272-a. MTA bus - revenue and accounts. 1. MTA bus shall establish
28 and maintain a system of accounts to show at all times the cost of the
29 several classes of property used in operation and the sources of funds
30 used in the acquisition of such property; the several classes of operat-
31 ing revenue and other income; maintenance expenses, interest, and all
32 other charges.
33 2. The city comptroller shall have the power, from time to time, to
34 examine the accounts, books and any other records or papers relating to
35 the financial condition of MTA bus, which examination shall not preclude
36 examination of such matters by any other authorized officer or body.
37 § 1272-b. MTA bus - construction of terms. 1. Whenever any state,
38 political subdivision, municipality, commission, agency, officer,
39 department, board, division or person is authorized and empowered for
40 any of the purposes of this title to cooperate and enter into agreements
41 with the authority, such state, political subdivision, municipality,
42 commission, agency, officer, department, board, division or person shall
43 have the same authorization and power for any such purposes to cooperate
44 and enter into agreements with MTA bus.
45 2. (a) Whenever any term or reference occurs in any law, contract, or
46 document relating to any facilities conveyed to MTA bus or the operation
47 thereof or imposing a duty upon MTA bus pursuant to this section or
48 other law, contract or document, such law, contract or document shall be
49 deemed to apply to and include MTA bus, to the extent consistent with
50 the provisions of such law, contract or document.
51 (b) Except as expressly set forth in this section, whenever the term
52 or reference to "mabstoa" or Manhattan and Bronx surface transit operat-
53 ing authority occurs in any law, contract or document relating to any
54 facilities conveyed to MTA bus or the operation thereof or the imposi-
55 tion of any duty related thereto, such term or reference shall be deemed
56 to refer to and include MTA bus.
S. 994 105 A. 1924
1 (c) Whenever the term public service commission, or board of rapid
2 transit railroad commissioners, or transit construction commissioner, or
3 transit commission or board of transportation, occurs in any law,
4 contract or document relating to facilities conveyed to MTA bus or their
5 operation or any other duty imposed upon the authority pursuant to this
6 title, or when in any law, contract or document reference is made to
7 such commission, board, commissioner, or board of transportation in
8 connection with such facilities, operations or duties whereof was so
9 conveyed, such term or reference shall be deemed to refer to and include
10 MTA bus to the extent consistent with the provisions of such law,
11 contract or document. For the purposes of subdivision four of section
12 fifty of the workers' compensation law, the term other political subdi-
13 vision of the state shall be deemed to refer to and include MTA bus. For
14 the purposes of section three hundred twenty-one of the vehicle and
15 traffic law, the term any political subdivision shall be deemed to refer
16 to and include MTA bus. For the purposes of subparagraph (i) of para-
17 graph three of subsection (c) of section six hundred twelve of the tax
18 law, the term subdivisions, referring to subdivisions of the state,
19 shall be deemed to refer to and include the former Manhattan and Bronx
20 surface transit operating authority and MTA agencies.
21 § 1273. MTA rail - creation. 1. There is hereby created, as a subsid-
22 iary of the authority, a body corporate and politic constituting a
23 public benefit corporation to be known as "MTA rail".
24 2. MTA rail, the corporation created by subdivision one of this
25 section, and the Long Island rail road company and Metro-North commuter
26 railroad company, the corporations created by action of the board of the
27 authority, are hereby consolidated into a single corporation, which
28 shall be a continuance of the corporate existence of the corporations
29 and authorities so consolidated.
30 3. In this section, the words "original authorities" refers to the
31 Long Island rail road company and Metro-North commuter railroad company,
32 which are consolidated pursuant to subdivision two of this section
33 before their respective consolidations, and the words "consolidated
34 corporation" refer to the single corporation resulting from consol-
35 idation.
36 4. The board of MTA rail shall be the board of the authority and all
37 powers of the consolidated corporation shall be vested in and exercised
38 by such board.
39 5. All property, rights and powers of the original authorities are
40 hereby vested in and shall be exercised by the consolidated corporation,
41 subject, however, to all pledges, covenants, agreements and trusts made
42 or created by the original authorities.
43 6. All debts, liabilities, obligations, agreements and covenants of
44 the original authorities are hereby imposed upon the consolidated corpo-
45 ration.
46 7. All bondholders and other creditors of the original authorities and
47 persons having claims against or contracts with the original authorities
48 of any kind or character may enforce such debts, claims and contracts
49 against the consolidated corporation in the same manner as they might
50 have against the original authorities, and the rights and remedies of
51 such bondholders, creditors and persons having claims or contracts shall
52 not be limited or restricted in any manner by this title.
53 8. In continuing the functions and carrying out the contracts, obli-
54 gations and duties of the original authorities, the consolidated corpo-
55 ration is hereby authorized to act in its own name or in the name of the
56 original authorities as may be necessary, convenient or desirable.
S. 994 106 A. 1924
1 9. All employees of the original authorities shall become employees of
2 the consolidated corporation. Nothing in this title shall affect the
3 terms and conditions of employment of such employees, or their rights,
4 privileges, obligations or status with respect to any pension or retire-
5 ment system.
6 10. Such corporation and its corporate existence shall continue until
7 all its liabilities have been met and its obligations have been paid in
8 full or such liabilities or obligations have otherwise been discharged,
9 including bonds, notes or other obligations issued by the authority that
10 are payable in whole or in part by revenues of MTA rail. When all
11 liabilities incurred by MTA rail of every kind and character have been
12 met and all its obligations have been paid in full, including bonds,
13 notes or other obligations issued by the authority that are payable in
14 whole or in part by revenues of MTA rail, or such liabilities or obli-
15 gations have otherwise been discharged, all rights and properties of MTA
16 rail shall pass to and be vested in the authority.
17 § 1273-a. MTA rail - purposes. 1. In addition to the purposes set
18 forth in section twelve hundred sixty-d of this title, the purposes of
19 MTA rail shall be the acquisition of certain commuter rail facilities
20 within the district and the operation of such and other transportation
21 facilities for the convenience and safety of the public pursuant to the
22 powers conferred under this section and section twelve hundred seventy-
23 three-b of this title on a basis which will enable the operations there-
24 of, exclusive of capital costs, to be self-sustaining, and, in coordi-
25 nation with the authority, the continuance, further development and
26 improvement of commuter transportation and other service related thereto
27 within the transportation district and the development and implementa-
28 tion of a unified mass transportation policy for such district.
29 2. It is hereby found and declared that such purposes are in all
30 respects for the benefit of the people of the state and MTA rail shall
31 be regarded as performing an essential governmental function in carrying
32 out its corporate purpose in exercising the powers granted by this
33 title.
34 § 1273-b. MTA rail - general powers. 1. MTA rail is a subsidiary
35 created pursuant to this title with the powers described in subdivision
36 six of section twelve hundred sixty-f of this title. MTA rail shall be
37 entitled to exercise the powers and rights of the authority with respect
38 to commuter railroads, except that MTA rail shall not have the power to
39 contract indebtedness, provided, however, that MTA rail shall have the
40 power to contract indebtedness in connection with obtaining or securing
41 insurance liabilities for its own account or in conjunction with other
42 MTA agencies, including the power to make payments in connection with
43 bonds and notes issued pursuant to section twelve hundred sixty-two-d of
44 this title.
45 2. Notwithstanding any other provisions of law or the terms of any
46 contract, the authority, in consultation with MTA rail, shall establish
47 and implement a no fare program for transportation on MTA rail for
48 certain police officers employed within the counties served by MTA rail.
49 In establishing such program, which has as its goal increased protection
50 and improved safety for its commuters, the authority and MTA rail shall,
51 among other things, consider: (a) requiring police officers who ride
52 without cost to register with MTA rail as a condition of riding without
53 cost; (b) requiring such officers to indicate during such registration
54 process their regular working hours and the MTA rail trains that such
55 officers expect to ride; and (c) periodically renewing the registration
56 and validation information of such officers. The authority and MTA rail
S. 994 107 A. 1924
1 shall also have the power to consider other matters necessary to carry
2 out the goals and objectives of this section.
3 3. (a) No substantial reduction in levels of service on MTA rail shall
4 be made unless approved by resolution adopted by not less than a majori-
5 ty vote of the whole number of members of MTA rail then in office, with
6 the chairman having one additional vote in the event of a tie vote, and
7 only after a public hearing. For purposes of this subdivision, a
8 reduction in a level of service shall mean: (i) a reduction of five
9 percent or more in the total number of scheduled trains operated
10 system-wide on any day; (ii) a reduction of trains estimated to carry
11 fifteen percent or more of the total line ridership on any day; (iii)
12 discontinuance of train service at a station; and (iv) a reduction in
13 the scheduled frequency of service to a station on any day by twenty-
14 five percent or more.
15 (b) The foregoing provisions of paragraph (a) of this subdivision
16 shall not apply during the following circumstances: (i) experimental
17 service changes of a duration not anticipated to exceed one hundred
18 eighty days; (ii) construction or maintenance activities affecting
19 service on a line; (iii) schedule adjustments on account of a public
20 holiday or seasonal adjustments; or (iv) emergencies or unanticipated
21 service disruptions.
22 (c) Whenever the authority, on behalf of MTA rail, causes notices of
23 hearings on proposed changes in services or fares to be posted pursuant
24 to this section or any statute, regulation, or authority policy, or
25 where it voluntarily posts such notices, such notices shall: (i) be
26 written in a clear and coherent manner using words with common and every
27 day meaning; (ii) be captioned in large point type bold lettering with a
28 title that fairly and accurately conveys the basic nature of such change
29 or changes; (iii) where such change involves a proposed change in levels
30 of fare, include in its title the range of amounts of fare changes under
31 consideration; (iv) contain, to the extent practicable, a concise
32 description of the specific nature of the change or changes, including
33 but not limited to a concise description of those changes that affect
34 the largest number of passengers; (v) where such change involves a
35 change in the nature of a route, contain, to the extent practicable, a
36 clear graphic illustration of such change or changes; and (vi) where
37 such change involves a partial or complete station closing, such notice
38 shall be posted at the affected station with a clear graphic illus-
39 tration depicting the nature of any closing for such station.
40 § 1273-c. MTA rail - advisory councils. 1. There are hereby created
41 two advisory councils for MTA rail - MTA rail advisory council - Metro-
42 North and MTA rail advisory council Long Island.
43 2. (a) MTA rail advisory council - Metro-North is created to study,
44 investigate, monitor and make recommendations with respect to the main-
45 tenance and operation of those portions of, if any, the Hudson, Harlem,
46 New Haven, Pascack Valley and Port Jervis commuter railroad lines
47 remaining within the metropolitan commuter transportation district. Such
48 council shall study and investigate all aspects of the day-to-day oper-
49 ations of such railroad lines, monitor their performance and recommend
50 changes to improve the efficiency of the operation thereof.
51 (b) Such council shall consist of eleven members who shall be commu-
52 ters who regularly use the transportation services of such railroad
53 lines. At least five of such members shall be residents of the county of
54 Westchester. Of the other six members, at least one of such members
55 shall be a resident of each of the counties of Rockland, Putnam, Dutch-
56 ess, Orange and Bronx. Members shall be appointed by the governor. In
S. 994 108 A. 1924
1 making such appointments the governor shall consult with and solicit
2 recommendations from local officials and to the extent possible appoint
3 members who represent the ridership of the several commuter railroad
4 lines. Vacancies occurring in the membership of the council shall be
5 filled in the same manner as original appointments.
6 3. (a) MTA rail advisory council - Long Island is created to study,
7 investigate, monitor and make recommendations with respect to the main-
8 tenance and operation of the Long Island rail road. Such council shall
9 study and investigate all aspects of the day-to-day operations of such
10 railroad, monitor its performance and recommend changes to improve the
11 efficiency of the operation thereof.
12 (b) Such council shall consist of twelve members who shall be commu-
13 ters who regularly use the transportation services of such railroad, and
14 who shall be residents of Nassau, Suffolk, Queens or Kings county.
15 Members shall be appointed by the governor upon the recommendation of
16 the county executive of each such county, provided, however, that such
17 members shall be chosen from a list of ten names submitted by each such
18 county executive and provided further however that no more than six
19 members of such council shall be residents of either such county.
20 Provided, however, that one member shall be appointed on the recommenda-
21 tion of the borough president of Queens and one member shall be
22 appointed on the recommendation of the borough president of Brooklyn.
23 Vacancies occurring in the membership of the council shall be filled in
24 the same manner as original appointments, provided, however, that such
25 vacancy shall be filled from a list of three names submitted by each
26 such county executive.
27 4. The members of the councils shall receive no compensation for their
28 services but shall be reimbursed for their expenses actually and neces-
29 sarily incurred in the performance of their duties under this section.
30 5. The councils may request and shall receive from any department,
31 division, board, bureau, commission, agency, public authority of the
32 state or any political subdivision thereof such assistance and data as
33 will enable it properly to carry out its activities under this section
34 and effectuate the purposes set forth in this section.
35 § 1273-d. MTA rail - station maintenance payments. The operation,
36 maintenance and use of passenger stations shall be public purposes of
37 the city and the counties within the district. The total cost to the
38 authority and MTA rail of operation, maintenance and use of each passen-
39 ger station within the district serviced by one or more railroad facili-
40 ties of the authority or of such subsidiary corporation, including the
41 buildings, appurtenances, platforms, lands and approaches incidental or
42 adjacent thereto, shall be borne by the city if such station is located
43 in such city or, if not located in such city, by such county within the
44 district in which such station is located. On or before June first of
45 each year, the authority shall, in accordance with the method specified
46 in this section, determine and certify to the city and to each county
47 within the district the respective allocation of costs related to the
48 operation, maintenance and use of passenger stations within such city
49 and each such other county, for the twelve-month period ending the
50 preceding March thirty-first.
51 The table below sets forth, for the year commencing April first, nine-
52 teen hundred ninety-nine, the total payment amount billed by the author-
53 ity for the operation, maintenance and use of each passenger station
54 within the city and the counties of Nassau, Suffolk, Westchester, Dutch-
55 ess, Putnam, Orange, and Rockland. Annually thereafter, the total
56 payment shall be calculated by summing the total amount listed in the
S. 994 109 A. 1924
1 base amount table plus an adjustment to such base year amount equal to
2 the base amount times the increase or decrease in the Consumer Price
3 Index for Wage Earners and Clerical Workers for the New York, Northeast-
4 ern--New Jersey Standard Metropolitan Statistical Area for the twelve-
5 month period being billed.
6 BASE AMOUNT TABLE
7 County Base Amount
8 Nassau $19,200,000
9 Suffolk 11,834,091
10 Westchester 13,269,310
11 Dutchess 1,581,880
12 Putnam 618,619
13 Orange 327,247
14 Rockland 34,791
15 City of New York 61,435,330
16 For each year thereafter, such total payment for each such county
17 shall be the same amount as the total payment during the immediately
18 prior year, plus an adjustment equal to the prior year amount times the
19 increase or decrease in the Consumer Price Index for Wage Earners and
20 Clerical Workers for the New York, Northeastern--New Jersey Standard
21 Metropolitan Statistical Area for the twelve-month period being billed.
22 On or before the following September first, of each year, such city
23 and each such county shall pay to the authority such cost or amount so
24 certified to it on or before the preceding June first. Such city and
25 each such county shall have power to finance such costs to it by the
26 issuance of budget notes pursuant to section 29.00 of the local finance
27 law. For the year beginning April first, two thousand four, the authori-
28 ty, the city and the counties of Nassau, Suffolk, Westchester, Dutchess,
29 Putnam, Orange, and Rockland may, after having reached an agreement,
30 recommend to the legislature modifications to the amounts set forth
31 above based upon changes made to commuter services including but not
32 limited to changes in the number of passenger stations within such coun-
33 ties or the level of commuter rail service provided to any such passen-
34 ger stations. Failure between the authority and between the counties to
35 reach an agreement will be referred to the state comptroller for medi-
36 ation. If the mediation is unsuccessful, each party and the state comp-
37 troller may submit a recommendation to the governor and the legislature
38 for legislative action.
39 In the event that a city or county shall fail to make payment to the
40 authority for station maintenance as required pursuant to this section,
41 or any part thereof, the chief executive officer of the authority or
42 such other person as the chair shall designate shall certify to the
43 state comptroller the amount due and owing the authority at the end of
44 the state fiscal year and the state comptroller shall withhold an equiv-
45 alent amount from the next succeeding state aid allocated to such county
46 or city from the motor fuel tax and the motor vehicle registration fee
47 distributed pursuant to former section one hundred twelve of the highway
48 law, or amounts distributed pursuant to section ten-c of the highway
49 law, or per capita local assistance pursuant to section fifty-four of
50 the state finance law subject to the following limitations: prior to
51 withholding amounts due the authority from such county or city, the
52 state comptroller shall pay in full any amount due the state of New York
53 municipal bond bank agency, on account of any such county's or city's
54 obligation to such agency; the city university construction fund pursu-
55 ant to the provisions of the city university construction fund act; and
56 the New York city housing development corporation, pursuant to the
S. 994 110 A. 1924
1 provisions of the New York city housing development corporation act
2 (article twelve of the private housing finance law). The state comp-
3 troller shall give the director of the budget notification of any such
4 payment. Such amount or amounts so withheld by the state comptroller
5 shall be paid to the authority and the authority shall use such amount
6 for the repayment of the state advances hereby authorized. When such
7 amount or amounts are received by the authority, it shall credit such
8 amounts against any amounts due and owing by the city or county on whose
9 account such amount was withheld and paid.
10 § 1273-e. MTA rail - medical emergency services. 1. The authority is
11 hereby authorized and directed to implement a medical emergency services
12 program for the benefit of persons utilizing transportation and other
13 related services of MTA rail. Such program shall include but not be
14 limited to the following provisions: The training of designated employ-
15 ees in first aid, emergency techniques and procedures, handling and
16 positioning of stricken commuters, and knowledge of procedures and
17 equipment used for respiratory and cardiac emergencies.
18 2. Notwithstanding any inconsistent provision of any general, special
19 or local law, a designated employee employed upon facilities of MTA rail
20 who has been trained in first aid, emergency techniques and procedures,
21 handling and positioning of stricken commuters, and the applicable
22 procedures and equipment used for respiratory and cardiac emergencies
23 who voluntarily and without the expectation of monetary compensation
24 renders any of the foregoing treatment in an emergency to a commuter
25 upon facilities of MTA rail who is unconscious, ill or injured shall not
26 be liable for damages for injuries alleged to have been sustained by
27 such commuter or for damages for the death of such commuter alleged to
28 have occurred by reason of an act or omission in the rendering of such
29 treatment in an emergency unless it is established that such injuries
30 were or such death was caused by gross negligence on the part of such
31 designated employee.
32 § 1273-f. MTA rail - contracts. Any contract for public work, or any
33 purchase contract on behalf of MTA rail, shall be made under the same
34 terms and conditions as provided in section twelve hundred sixty-k of
35 this title.
36 § 1274. MTA rail - actions against MTA rail. Actions against MTA rail
37 must be brought pursuant to section twelve hundred sixty-three of this
38 title.
39 § 1275. MTA capital construction - creation. 1. The existing MTA capi-
40 tal construction company, a subsidiary of the authority, shall continue
41 as a body corporate and politic constituting a public benefit corpo-
42 ration to be known as "MTA capital construction".
43 2. In addition to the purposes of the authority enumerated in section
44 twelve hundred sixty-d of this title, the purpose of MTA capital
45 construction shall be to manage, design, and effectuate any capital
46 project designated to it by any board of the authority and MTA capital
47 construction is hereby authorized to plan, design, acquire, construct,
48 reconstruct, rehabilitate and improve any real or personal property
49 comprising a capital project as shall be designated to it by such board.
50 3. The board of MTA capital construction shall be a board of the
51 authority and all powers of MTA capital construction shall be vested in
52 and exercised by such board.
53 4. MTA capital construction is a subsidiary created pursuant to this
54 section with the powers described in subdivision six of section twelve
55 hundred sixty-f of this title. In addition, to effectuate its purposes,
56 MTA capital construction shall be entitled to exercise the powers and
S. 994 111 A. 1924
1 rights of any and all MTA agencies, except that MTA capital construction
2 shall not have the power to contract indebtedness, provided, however,
3 that MTA capital construction shall have the power to contract indebt-
4 edness in connection with obtaining or securing insurance liabilities
5 for its own account or in conjunction with other MTA agencies, including
6 the power to make payments in connection with bonds and notes issued
7 pursuant to section twelve hundred sixty-two-d of this title. Except as
8 otherwise provided in subdivision six of this section, any service
9 contract, any contract for public work, or any purchase contract by or
10 on behalf of MTA capital construction, shall be made under the same
11 terms and conditions as provided in section twelve hundred sixty-k of
12 this title.
13 5. In carrying out any capital project, MTA capital construction is
14 hereby authorized to act in its own name or in the name of any MTA agen-
15 cy as may be necessary, convenient or desirable.
16 6. (a) Notwithstanding the provisions of section twelve hundred
17 sixty-k of this title, MTA capital construction shall establish guide-
18 lines governing the qualifications of bidders entering into contracts
19 for any capital project or facility designated to MTA capital
20 construction. If MTA capital construction is using a process of compet-
21 itive bidding, the bidding may be restricted to those who have qualified
22 prior to the receipt of bids according to standards fixed by MTA capital
23 construction; provided, however, that the award of contracts shall, to
24 the extent not inconsistent with this paragraph, be in accordance with
25 section twelve hundred sixty-k of this title.
26 (b) In determining whether a prospective bidder qualifies for the
27 inclusion on a list of pre-qualified bidders for any capital project or
28 facility undertaken in the execution of its corporate purposes, MTA
29 capital construction shall consider: (i) the experience and past
30 performance of the prospective bidder; (ii) the prospective bidder's
31 ability to undertake work, including but not limited to whether it
32 participates in state approved apprenticeship programs and whether it
33 utilizes employees who are represented by labor organizations; (iii) the
34 financial capability and responsibility of the prospective bidder; and
35 (iv) the records of the prospective bidder in complying with existing
36 labor standards. MTA capital construction may also consider such other
37 factors as it deems appropriate.
38 7. The employees of MTA capital construction shall have the same
39 rights, privileges, and status as employees of the authority.
40 § 1276. Title not affected if in part unconstitutional or ineffective.
41 If any provision of any section of this title or the application thereof
42 to any person or circumstance shall be adjudged invalid by a court of
43 competent jurisdiction, such order or judgment shall be confined in its
44 operation to the controversy in which it was rendered, and shall not
45 affect or invalidate the remainder of any provision of any section of
46 this title or the application of any part thereof to any other person or
47 circumstance and to this end the provisions of this title are declared
48 to be severable.
49 § 1276-a. Inconsistent provisions in other laws superseded. Insofar as
50 the provisions of this title are inconsistent with the provisions of any
51 other law, general or special, or of any local law of the city, the
52 provisions of this title shall be controlling.
53 § 1276-b. Liberal construction. It is the intent of the legislature
54 that this title be construed liberally so as to effectuate the public
55 and governmental purpose thereof.
S. 994 112 A. 1924
1 § 4. Subdivisions 5 and 7 of section 88-a of the state finance law, as
2 added by chapter 481 of the laws of 1981, and paragraph (b) of subdivi-
3 sion 7 as amended by chapter 56 of the laws of 1993, are amended to read
4 as follows:
5 5. (a) The "public transportation systems operating assistance
6 account" shall consist of revenues required to be deposited therein
7 pursuant to the provisions of section one hundred eighty-two-a of the
8 tax law and all other moneys credited or transferred thereto from any
9 other fund or source pursuant to law.
10 (b) Moneys in the public transportation systems operating assistance
11 account shall be paid on a quarterly basis beginning October first,
12 nineteen hundred eighty-one. However, if there is a demonstrated cash
13 shortfall in any eligible system, payments to such system may be accel-
14 erated. Such payments shall be made in accordance with a schedule as
15 specified by appropriation for the payment of operating costs of public
16 mass transportation systems outside the metropolitan commuter transpor-
17 tation district as defined by section twelve hundred [sixty-two] sixty-b
18 of the public authorities law, eligible to receive operating assistance
19 pursuant to section eighteen-b of the transportation law.
20 7. (a) The "metropolitan mass transportation operating assistance
21 account" shall consist of the revenues derived from the taxes for the
22 metropolitan transportation district imposed by section eleven hundred
23 nine of the tax law and that proportion of the receipts received pursu-
24 ant to the tax imposed by article nine-a of such law as specified in
25 section one hundred seventy-one-a of such law, and that proportion of
26 the receipts received pursuant to the tax imposed by article nine of
27 such law as specified in section two hundred five of such law, and the
28 receipts required to be deposited pursuant to the provisions of section
29 one hundred eighty-two-a of such law, and all other moneys credited or
30 transferred thereto from any other fund or source pursuant to law.
31 (b) Moneys in the metropolitan mass transportation operating assist-
32 ance account shall be paid on a quarterly basis beginning October first,
33 nineteen hundred eight-one. However, if there is a demonstrated cash
34 shortfall in any eligible system, payments to such system may be accel-
35 erated. Such moneys shall be paid in accordance with schedules as speci-
36 fied by appropriations for payment of operating costs of public trans-
37 portation systems in the metropolitan transportation commuter district
38 in order to meet the operating expenses of such systems, provided,
39 however, with respect to the metropolitan transportation authority[, its
40 affiliates] and its subsidiaries, and notwithstanding any general or
41 special law to the contrary, other than such a law which makes specific
42 reference to this section, and subject to the provisions of section
43 twelve hundred [seventy-c] sixty-two of the public authorities law, so
44 long as the metropolitan transportation authority dedicated tax fund
45 established by section twelve hundred [seventy-c] sixty-two of the
46 public authorities law shall exist, any such appropriation to the metro-
47 politan transportation authority[, its affiliates] or its subsidiaries
48 shall be deemed to be an appropriation to the metropolitan transporta-
49 tion authority and the total amount paid pursuant to such appropriation
50 or appropriations shall be deposited to such metropolitan transportation
51 authority dedicated tax fund and distributed in accordance with the
52 provisions of section twelve hundred [seventy-c] sixty-two of the public
53 authorities law. Nothing contained in this subdivision shall be deemed
54 to restrict the right of the state to amend, repeal, modify or otherwise
55 alter statutes imposing or relating to the taxes producing revenues for
56 deposit in the metropolitan mass transportation operating assistance
S. 994 113 A. 1924
1 account or the appropriations relating thereto. The metropolitan trans-
2 portation authority shall not include within any resolution, contract or
3 agreement with holders of the bonds or notes issued under [section]
4 sections twelve hundred [sixty-nine] sixty-two-h and twelve hundred
5 sixty-two-i of the public authorities law any provision which provides
6 that a default occurs as a result of the state exercising its right to
7 amend, repeal, modify or otherwise alter such taxes or appropriations.
8 § 5. Subdivisions 2 and 6 of section 88-b of the state finance law are
9 REPEALED.
10 § 6. Subdivision 3 of section 89-c of the state finance law, as
11 amended by chapter 56 of the laws of 1993, is amended to read as
12 follows:
13 3. Moneys in the dedicated mass transportation trust fund shall,
14 following appropriation by the legislature, be utilized for the recon-
15 struction, replacement, purchase, modernization, improvement, recondi-
16 tioning, preservation and maintenance of mass transit facilities, vehi-
17 cles and rolling stock, or the payment of debt service or operating
18 expenses incurred by mass transit operating agencies, and for rail
19 projects authorized pursuant to section fourteen-j of the transportation
20 law, for payments to the general debt service fund of amounts equal to
21 amounts required for service contract payments related to rail projects
22 as provided and authorized by section three hundred eighty-six of the
23 public authorities law and for programs to assist small and minority and
24 women-owned firms engaged in transportation construction and recon-
25 struction projects, including a revolving fund for working capital
26 loans, and a bonding guarantee assistance program in accordance with
27 provisions of this chapter. It is the intent of the governor to submit
28 and the legislature to enact in a budget bill for fiscal year [nineteen
29 hundred ninety-four--ninety-five] two thousand five--two thousand six,
30 two appropriations from the dedicated mass transportation trust fund to
31 the metropolitan transportation authority dedicated tax fund established
32 by section twelve hundred [seventy-c] sixty-two of the public authori-
33 ties law. One such appropriation shall be equal to the amounts expected
34 to be available for such purpose pursuant to subdivision (d) of section
35 three hundred one-j of the tax law during the [nineteen hundred ninety-
36 four--ninety-five] two thousand five--two thousand six fiscal year and
37 shall be effective in that fiscal year. The other such appropriation
38 shall be equal to the amount expected to be available for such purpose
39 pursuant to subdivision (d) of section three hundred one-j of the tax
40 law during the [nineteen hundred ninety-five--ninety-six] two thousand
41 six--two thousand seven fiscal year and shall, notwithstanding the
42 provisions of section forty of this chapter, take effect on the first
43 day of the [nineteen hundred ninety-five--ninety-six] two thousand five-
44 -two thousand seven fiscal year and lapse on the last day of that fiscal
45 year. It is the intent of the governor to submit and the legislature to
46 enact for each fiscal year after the [nineteen hundred ninety-four--ni-
47 nety-five] two thousand five--two thousand six fiscal year in an annual
48 budget bill: (i) an appropriation for the amount expected to be avail-
49 able in the dedicated mass transportation trust fund during such fiscal
50 year for the metropolitan transportation authority pursuant to subdivi-
51 sion (d) of section three hundred one-j of the tax law, including any
52 amounts on deposit therein from any prior year which have been previous-
53 ly appropriated, and (ii) an appropriation of the amounts projected by
54 the director of the budget to be deposited in the metropolitan transpor-
55 tation authority dedicated tax fund from the dedicated mass transporta-
56 tion trust fund pursuant to subdivision (d) of section three hundred
S. 994 114 A. 1924
1 one-j of the tax law for the next succeeding fiscal year. Such appropri-
2 ation for payment of revenues expected to be received in the succeeding
3 fiscal year shall, notwithstanding section forty of this chapter, take
4 effect on the first day of such succeeding fiscal year and lapse on the
5 last day of such fiscal year. If for any fiscal year commencing on or
6 after the first day of April, [nineteen hundred ninety-four] two thou-
7 sand five the governor fails to submit a budget bill containing the
8 foregoing, or the legislature fails to enact a bill with such
9 provisions, then the authority shall notify the comptroller, the direc-
10 tor of the budget, the chairperson of the senate finance committee and
11 the chairperson of the assembly ways and means committee of amounts
12 required to be disbursed from the appropriation made during the preced-
13 ing fiscal year for payment in such fiscal year. In no event shall the
14 comptroller make any payments from such appropriation prior to May first
15 of such fiscal year, and unless and until the director of the budget,
16 the chairperson of the senate finance committee and the chairperson of
17 the assembly ways and means committee have been notified of the required
18 payments and the timing of such payments to be made from the dedicated
19 mass transportation trust fund to the metropolitan transportation
20 authority dedicated tax fund at least forty-eight hours prior to any
21 such payments. Until such time as payments pursuant to such appropri-
22 ation are made in full, revenues in the dedicated mass transportation
23 trust fund shall not be paid over to any person other than the metropol-
24 itan transportation authority. Nothing contained in this subdivision
25 shall be deemed to restrict the right of the state to amend, repeal,
26 modify or otherwise alter statutes imposing or relating to the taxes
27 imposed pursuant to section three hundred one-j of the tax law or the
28 appropriations relating thereto. The metropolitan transportation author-
29 ity shall not include within any resolution, contract or agreement with
30 holders of the bonds or notes issued under [section] sections twelve
31 hundred [sixty-nine] sixty-two-h and twelve hundred sixty-two-i of the
32 public authorities law any provision which provides that a default
33 occurs as a result of the state exercising its right to amend, repeal,
34 modify or otherwise alter such taxes or appropriations. For purposes of
35 this subdivision, taxes imposed pursuant to section three hundred one-j
36 of the tax law shall include the amounts deposited in accordance there-
37 with pursuant to sections two hundred eighty-two-b, two hundred eighty-
38 two-c, two hundred eighty-four-a and two hundred eighty-four-c of the
39 tax law, subdivision three of section two hundred eighty-nine-e of the
40 tax law, and subdivision twenty-one of section four hundred one of the
41 vehicle and traffic law and any other amount that, by its terms, is
42 deposited in the dedicated fund accounts pursuant to subdivision (d) of
43 section three hundred one-j of the tax law.
44 § 7. Subdivision 3 of section 183-a of the tax law, as added by chap-
45 ter 931 of the laws of 1982, is amended to read as follows:
46 3. The term metropolitan commuter transportation district as used in
47 this section shall be defined pursuant to section twelve hundred
48 [sixty-two] sixty-b of the public authorities law.
49 § 8. Subdivision 3 of section 184-a of the tax law, as added by chap-
50 ter 931 of the laws of 1982 and as renumbered by chapter 11 of the laws
51 of 1983, is amended to read as follows:
52 3. The term metropolitan commuter transportation district as used in
53 this section shall be defined pursuant to section twelve hundred
54 [sixty-two] sixty-b of the public authorities law.
55 § 9. Subdivision 6 of section 186-c of the tax law, as added by chap-
56 ter 931 of the laws of 1982, is amended to read as follows:
S. 994 115 A. 1924
1 6. The term metropolitan commuter transportation district as used in
2 this section shall be defined pursuant to section twelve hundred
3 [sixty-two] sixty-b of the public authorities law.
4 § 10. (Intentionally omitted.)
5 § 11. Subdivision 6 of section 209-B of the tax law, as amended by
6 chapter 11 of the laws of 1983, is amended to read as follows:
7 6. The term metropolitan commuter transportation district as used in
8 this section shall be defined pursuant to section twelve hundred
9 [sixty-two] sixty-b of the public authorities law.
10 § 12. Subdivision 2 of section 253 of the tax law, as amended by chap-
11 ter 151 of the laws of 1971, paragraph (a) as amended by chapter 788 of
12 the laws of 1978, is amended to read as follows:
13 2. (a) In addition to the taxes imposed by subdivisions one and one-a
14 of this section, there shall be imposed on each mortgage of real proper-
15 ty situated within the state recorded on or after the first day of July,
16 nineteen hundred sixty-nine, an additional tax of twenty-five cents for
17 counties outside of the metropolitan commuter transportation district,
18 as defined pursuant to section twelve hundred sixty-b of the public
19 authorities law, and thirty-five cents for counties within such metro-
20 politan commuter transportation district for each one hundred dollars
21 and each remaining major fraction thereof of principal debt or obli-
22 gation which is, or under any contingency may be secured at the date of
23 execution thereof or at any time thereafter by such mortgage, saving and
24 excepting the first ten thousand dollars of such principal debt or obli-
25 gation in any case in which the related mortgage is of real property
26 principally improved or to be improved by a one or two family residence
27 or dwelling. All the provisions of this article shall apply with respect
28 to the additional tax imposed by this subdivision to the same extent as
29 if it were imposed by the said subdivision one of this section, except
30 as otherwise expressly provided in this article. The imposition of this
31 additional tax on mortgages recorded in a county outside the city of New
32 York, other than one of the counties from time to time comprising the
33 metropolitan commuter transportation district, the Niagara Frontier
34 transportation district, the Rochester-Genesee transportation district,
35 the capital district transportation district or the central New York
36 regional transportation district may be suspended for a specified period
37 of time or without limitation as to time by a local law, ordinance or
38 resolution duly adopted by the local legislative body of such county.
39 (b) Any local law, ordinance or resolution suspending the imposition
40 of this additional tax as provided in paragraph (a) of this subdivision,
41 or amending or repealing such local law, ordinance or resolution, shall
42 take effect only on the first day of the third month succeeding the
43 month in which such local law, ordinance or resolution is duly adopted.
44 Such a local law, ordinance or resolution shall not be effective unless
45 a certified copy thereof is mailed by registered or certified mail to
46 the state tax commission at its office in Albany at least sixty days
47 prior to the date the local law, ordinance or resolution shall take
48 effect. However, the tax commission may waive and reduce such sixty-day
49 notice requirement to a requirement that such certified copy be mailed
50 by registered or certified mail within a period of not less than thirty
51 days prior to such effective date if it deems such action to be consist-
52 ent with its duties under this article. A certified copy of any local
53 law, ordinance or resolution adopted pursuant to this subdivision shall
54 also be filed with the state comptroller within five days after the date
55 it is duly adopted.
S. 994 116 A. 1924
1 § 13. Subdivision 1 of section 253-a of the tax law, as amended by
2 chapter 343 of the laws of 1990, is amended to read as follows:
3 1. Any city in this state having a population of one million or more,
4 acting through its local legislative body, is hereby authorized and
5 empowered to adopt and amend local laws imposing in any such city (A)
6 prior to February first, nineteen hundred eighty-two a tax of fifty
7 cents, (B) on or after February first, nineteen hundred eighty-two and
8 before July first, nineteen hundred eighty-two with respect to (i) one,
9 two or three-family houses, individual cooperative apartments and indi-
10 vidual residential condominium units, and (ii) real property securing a
11 principal debt or obligation of less than five hundred thousand dollars,
12 a tax of fifty cents, and with respect to all other real property a tax
13 of one dollar and twelve and one-half cents, (C) on and after July
14 first, nineteen hundred eighty-two and before August first, nineteen
15 hundred ninety with respect to real property securing a principal debt
16 or obligation of less than five hundred thousand dollars, a tax of fifty
17 cents, with respect to one, two or three-family houses, individual coop-
18 erative apartments and individual residential condominium units securing
19 a principal debt or obligation of five hundred thousand dollars or more,
20 a tax of sixty-two and one-half cents, and with respect to all other
21 real property a tax of one dollar and twenty-five cents, and (D) on and
22 after August first, nineteen hundred ninety with respect to real proper-
23 ty securing a principal debt or obligation of less than five hundred
24 thousand dollars, a tax of one dollar, with respect to one, two or
25 three-family houses and individual residential condominium units secur-
26 ing a principal debt or obligation of five hundred thousand dollars or
27 more, a tax of one dollar and twelve and one-half cents, and with
28 respect to all other real property a tax of one dollar and seventy-five
29 cents, for each one hundred dollars and each remaining major fraction
30 thereof of principal debt or obligation which is or under any contingen-
31 cy may be secured at the date of execution thereof, or at any time ther-
32 eafter, by a mortgage on such real property situated within such city
33 and recorded on or after the date upon which such tax takes effect and a
34 tax of one dollar on such mortgage if the principal debt or obligation
35 which is or by any contingency may be secured by such mortgage is less
36 than one hundred dollars. In each instance where the tax imposed pursu-
37 ant to this subdivision is one dollar and twenty-five cents for each one
38 hundred dollars and each remaining major fraction thereof of such prin-
39 cipal debt or obligation, fifty percent of the total amount of such tax,
40 including fifty percent of any interest or penalties thereon, shall be
41 set aside in a special account by the commissioner of finance of such
42 city. In each instance where the tax imposed pursuant to this subdivi-
43 sion is one dollar and seventy-five cents for each one hundred dollars
44 and each remaining major fraction thereof of such principal debt or
45 obligation, thirty-five and seven-tenths percent of the total amount of
46 such tax, including thirty-five and seven-tenths percent of any interest
47 or penalties thereon, shall also be set aside in such special account.
48 Moneys in such account shall be used for payment by such commissioner to
49 the state comptroller for deposit in the urban mass transit operating
50 assistance account of the mass transportation operating assistance fund
51 of any amount of insufficiency certified by the state comptroller pursu-
52 ant to the provisions of subdivision six of section eighty-eight-a of
53 the state finance law, and, on the fifteenth day of each month, such
54 commissioner shall transmit all funds in such account on the last day of
55 the preceding month, except the amount required for the payment of any
56 amount of insufficiency certified by the state comptroller and such
S. 994 117 A. 1924
1 amount as he deems necessary for refunds and such other amounts neces-
2 sary to finance the New York city transportation disabled committee and
3 the New York city paratransit system as established by section fifteen-b
4 of the transportation law, provided, however, that such amounts shall
5 not exceed six percent of the total funds in the account but in no event
6 be less than two hundred twenty-five thousand dollars beginning April
7 first, nineteen hundred eighty-six, and further that beginning November
8 fifteenth, nineteen hundred eighty-four and during the entire period
9 prior to operation of such system, the total of such amounts shall not
10 exceed three hundred seventy-five thousand dollars for the administra-
11 tive expenses of such committee and fifty thousand dollars for the
12 expenses of the agency designated pursuant to paragraph b of subdivision
13 five of [such] section fifteen-b of the transportation law, and other
14 amounts necessary to finance the operating needs of the private bus
15 companies franchised by the city of New York and eligible to receive
16 state operating assistance under section eighteen-b of the transporta-
17 tion law, provided, however, that such amounts shall not exceed four
18 percent of the total funds in the account, to the [New York city transit
19 authority] metropolitan transportation authority for the benefit of MTA
20 subways and MTA bus for mass transit within the city.
21 § 14. Subdivisions 1 and 2 of section 261 of the tax law, subdivision
22 1 as separately amended by chapters 279 and 489 of the laws of 2004,
23 subdivision 2 as amended by chapter 59 of the laws of 1987, and para-
24 graph (ii) of subdivision 2 as amended by chapter 348 of the laws of
25 1996, are amended to read as follows:
26 1. The balance of all moneys paid to the recording officer of each
27 county during each month upon account of the additional taxes imposed
28 pursuant to subdivision two of section two hundred fifty-three of this
29 article, after deducting the necessary expenses of his or her office as
30 provided in section two hundred sixty-two of this article, except taxes
31 paid upon mortgages which under the provisions of section two hundred
32 sixty of this article are first to be apportioned by the commissioner,
33 shall be paid over by him or her on or before the tenth day of each
34 succeeding month as follows: (a) with respect to those counties compris-
35 ing the metropolitan commuter transportation district, as defined by the
36 provisions of section twelve hundred [sixty-two] sixty-b of the public
37 authorities law, to the metropolitan transportation authority to be
38 applied in any authority fiscal year beginning on or after January
39 first, nineteen hundred eighty-seven and before January first, two thou-
40 sand six (i) first, to meet the general, administrative and operating
41 expenses of the authority net of reimbursements, recoveries and adjust-
42 ments, not including the expenses of any subsidiaries thereof which
43 operate any transportation facility, (ii) second, from any remaining
44 revenues, fifty-five per centum of such revenues shall be paid by the
45 metropolitan transportation authority to the transit account of the
46 metropolitan transportation authority special assistance fund estab-
47 lished by section twelve hundred seventy-a of the public authorities
48 law; and (iii) the remaining forty-five per centum shall be paid by the
49 metropolitan transportation authority to the commuter railroad account
50 of the metropolitan transportation authority special assistance fund
51 established by section twelve hundred seventy-a of the public authori-
52 ties law and, for any authority fiscal year beginning on or after Janu-
53 ary first, two thousand six, to be deposited into the headquarters
54 account of the metropolitan transportation authority special assistance
55 fund established by section twelve hundred sixty-two-a of the public
56 authorities law for the payment of operating and capital costs of the
S. 994 118 A. 1924
1 MTA agencies (as defined in subdivision eighteen of section twelve
2 hundred sixty-a of the public authorities law) as the authority shall
3 determine; (b) with respect to those counties comprising the Niagara
4 Frontier transportation district, as defined by the provisions of
5 section twelve hundred ninety-nine-b of the public authorities law, to
6 the Niagara Frontier transportation authority; (c) with respect to those
7 counties comprising the Rochester-Genesee regional transportation
8 district, as defined by the provisions of section twelve hundred nine-
9 ty-nine-cc of the public authorities law, to the Rochester-Genesee
10 Regional Transportation Authority; (d) with respect to those counties
11 comprising the capital district transportation district, as defined by
12 the provisions of section thirteen hundred two of the public authorities
13 law, to the capital district transportation authority; (e) with respect
14 to those counties comprising the central New York regional transporta-
15 tion district, as defined by the provisions of section thirteen hundred
16 twenty-seven of the public authorities law, to the central New York
17 regional transportation authority; (f) with respect to the county of
18 Dutchess or the county of Orange or the county of Rockland if any such
19 county withdraws from the metropolitan commuter transportation district
20 pursuant to section twelve hundred [seventy-nine-b] sixty-b of the
21 public authorities law and does not suspend the imposition of such addi-
22 tional tax, to the county treasurer of such county if such county
23 provides that the moneys shall be used for mass transportation purposes
24 but, if any such county which so withdraws and which does not so suspend
25 does not so provide, to the comptroller pursuant to paragraph [(n)] (o)
26 of this subdivision; (g) with respect to the counties of Washington and
27 Warren, to the county treasurer of such county to be used to pay for any
28 and all expenses incurred by such counties for the support of community
29 colleges pursuant to article one hundred twenty-six of the education
30 law; with respect to the county of Essex, to the county treasurer of
31 such county to be used to pay for any and all expenses incurred by such
32 county for county office and court facility projects; (h) with respect
33 to the county of Franklin, to the county treasurer of such county to be
34 used to pay for any and all expenses incurred by such county for county
35 office and county correctional facility projects; (i) with respect to
36 the county of Clinton, to the county treasurer of such county to be used
37 to pay for any and all expenses incurred by such county for county
38 office and other county capital projects; (j) with respect to the county
39 of Chautauqua, to the county treasurer of such county to be used to pay
40 for any and all expenses incurred by such county for county correctional
41 facility and court facility projects, and debt service thereon, includ-
42 ing but not limited to, related heating, ventilation, air-conditioning
43 and parking infrastructure upgrades; (k) with respect to the county of
44 Allegany, to the county treasurer of such county for deposit into the
45 general fund of the county of Allegany; (l) with respect to the county
46 of Schuyler, to the county treasurer of such county to be used to pay
47 for any and all expenses incurred by such county for the support of
48 community colleges pursuant to article one hundred twenty-six of the
49 education law; (m) with respect to the county of Delaware, to the county
50 treasurer of such county to be used to pay for the cost of the county
51 correctional facility and public safety building complex and the county
52 composting facility; [(m)] (n) with respect to the county of Fulton, to
53 the county treasurer of such county for deposit into the general fund of
54 the county of Fulton; [(n)] (o) with respect to the remaining counties
55 of the state except Cattaraugus county which have not suspended the
56 imposition of such additional tax pursuant to subdivision two of section
S. 994 119 A. 1924
1 two hundred fifty-three of this article, to the comptroller to be paid
2 by him or her into the general fund in the state treasury to the credit
3 of the state purposes account; provided that money paid to the comp-
4 troller with respect to any such remaining county in which on the date
5 of such payment any mass transportation, airport or aviation, municipal
6 historic site, municipal park, community mental health and retardation
7 facility, or sewage treatment capital project is being carried out by a
8 municipality with state aid, or for which state aid will be paid, pursu-
9 ant to the provisions of title one of chapter seven hundred seventeen of
10 the laws of nineteen hundred sixty-seven, section 17.05 of the parks,
11 recreation and historic preservation law, section 41.18 of the mental
12 hygiene law, or section 17-1903 of the environmental conservation law,
13 shall be applied by him or her to increase the amount of aid for which
14 the state is obligated in respect to such project on such date, provided
15 that any such increase in state aid may not, together with any federal
16 funds paid or to be paid on account of the cost of such project, exceed
17 the total cost thereof, and where more than one such capital project is
18 being carried out on such date within such county, the application of
19 such monies by the comptroller shall be pro-rated among such munici-
20 palities on the basis of the respective amounts of state aid which are
21 so obligated on such date; and [(o)] (p) with respect to the county of
22 Cattaraugus, to the comptroller to be paid by him or her into the gener-
23 al fund in the state treasury to the credit of the state purposes
24 account for the construction of a county office building and a county
25 department of public works office building, or debt service thereon
26 being carried out by the county of Cattaraugus up to but not exceeding
27 the total cost for such county office building and county department of
28 public works building, or debt service thereon less the amount of any
29 state aid or federal funds paid or to be paid on account of such project
30 or debt service thereon. Notwithstanding the provisions of the preceding
31 sentence, additional taxes so imposed and paid upon mortgages covering
32 real property situated in two or more counties, which under the
33 provisions of section two hundred sixty of this article are first to be
34 apportioned by the commissioner, shall be paid over by the recording
35 officer receiving the same as provided by the determination of said
36 commissioner.
37 If and to the extent that either metropolitan transportation authority
38 or Niagara Frontier transportation authority or Rochester-Genesee
39 regional transportation authority or capital district transportation
40 authority or central New York regional transportation authority shall
41 certify that the proceeds of such additional tax received by it for any
42 calendar year subsequent to nineteen hundred sixty-nine are in excess of
43 its needs, present and projected, and of those of its subsidiary corpo-
44 rations, such excess shall be paid over at the end of such calendar year
45 to the comptroller for payment or application by him or her in accord-
46 ance with the provisions of paragraph [(n)] (o) of the opening paragraph
47 of this subdivision. For the purposes of such application any such
48 excess shall be allocated among the counties comprising a transportation
49 district in the same proportion that their respective recording officers
50 paid over additional taxes hereunder during the whole of the calendar
51 year which is the subject of the certification. For the counties
52 comprising the city of New York, any such application shall be for the
53 benefit of such city.
54 2. The balance of all moneys paid to the recording officer of each
55 county during each month upon account of the special additional taxes
56 imposed pursuant to subdivision one-a of section two hundred fifty-three
S. 994 120 A. 1924
1 of this [chapter] article, after deducting the necessary expenses of his
2 office as provided in section two hundred sixty-two of this article,
3 except taxes paid upon mortgages which under the provisions of section
4 two hundred sixty of this article are first to be apportioned by the
5 [tax commission] commissioner, shall be paid over by him on or before
6 the tenth day of each succeeding month to the state of New York mortgage
7 agency created pursuant to title seventeen of article eight of the
8 public authorities law for deposit to the credit of the mortgage insur-
9 ance fund created pursuant to such title, and (i) except that with
10 respect to mortgages recorded on and after May first, nineteen hundred
11 eighty-seven, the balance of all moneys paid upon account of such
12 special additional taxes during each month to the recording officers of
13 the counties comprising the metropolitan commuter transportation
14 district, as defined by section twelve hundred [sixty-two] sixty-b of
15 the public authorities law, on mortgages of any real property principal-
16 ly improved or to be improved by a structure containing six residential
17 dwelling units or less with separate cooking facilities, after the
18 deduction of such expenses, shall be paid over by him on or before the
19 tenth day of each succeeding month to the metropolitan transportation
20 authority for deposit in the corporate transportation account of the
21 metropolitan transportation special assistance fund established by
22 section twelve hundred [seventy-a] sixty-two-a of the public authorities
23 law, and (ii) except that with respect to mortgages recorded on and
24 after May first, nineteen hundred eighty-seven, the balance of all
25 moneys paid upon account of such special additional taxes during each
26 month to the recording officers of the county of Erie on mortgages of
27 any real property principally improved or to be improved by a structure
28 containing six residential dwelling units or less with separate cooking
29 facilities, after the deduction of such expenses, shall be paid over by
30 him on or before the tenth day of each succeeding month to the Niagara
31 Frontier transportation authority. Notwithstanding the provisions of the
32 preceding sentence, the special additional taxes so imposed and paid
33 upon mortgages covering real property situated in two or more counties,
34 which under the provisions of section two hundred sixty of this article
35 are first to be apportioned by the commissioner, shall be paid over by
36 the recording officer receiving the same as provided by the determi-
37 nation of said commissioner.
38 § 15. Subdivision (d) of section 301-j of the tax law, as amended by
39 section 7 of part EE of chapter 63 of the laws of 2000, is amended to
40 read as follows:
41 (d) Deposit and disposition of revenue. All taxes, and any interest
42 and penalties relating thereto, collected or received with respect to
43 the supplemental petroleum and aviation fuel business tax imposed by
44 this section up to and including March thirty-first, nineteen hundred
45 ninety-three shall be deposited and disposed of pursuant to the
46 provisions of section one hundred seventy-one-a of this chapter. Except
47 as otherwise provided, on and after April first, nineteen hundred nine-
48 ty-three, all taxes, and any interest and penalties relating thereto,
49 collected or received in any month with respect to such supplemental
50 petroleum and aviation fuel business tax imposed by this section,
51 together with any other moneys specified in this chapter to be deposited
52 under this subdivision, shall be deposited, on or before the fifteenth
53 day of each succeeding month, proportionately into the following dedi-
54 cated fund accounts without priority; sixty-three percent in the dedi-
55 cated highway and bridge trust fund established pursuant to section
56 eighty-nine-b of the state finance law, thirty-four percent in the dedi-
S. 994 121 A. 1924
1 cated mass transportation trust fund established pursuant to section
2 eighty-nine-c of the state finance law to be distributed [as follows:
3 eighty-five percent of such amount shall be allocated to the New York
4 city transit authority and its subsidiaries and the Staten Island rapid
5 transit operating authority and fifteen percent of such amount shall be
6 allocated to the Long Island Rail Road Company and metro north commuter
7 railroad company] to the metropolitan transportation authority in
8 accordance with the procedures for payment and distribution specified in
9 section [one thousand two hundred seventy-c] twelve hundred sixty-two of
10 the public authorities law, for payment, subject to appropriation, to
11 the metropolitan transportation authority dedicated tax fund established
12 pursuant to section twelve hundred [seventy-c] sixty-two of the public
13 authorities law, and three percent in such dedicated mass transportation
14 trust fund to be distributed, subject to appropriation, for purposes
15 authorized by section eighty-nine-c of the state finance law, to enti-
16 ties other than the mass transit operating agencies which receive money
17 from the metropolitan transportation authority dedicated tax fund.
18 Notwithstanding any general or special law to the contrary, other than a
19 law which makes specific reference to this sentence of this section, so
20 long as such metropolitan transportation authority dedicated tax fund
21 shall exist, any appropriation from the dedicated mass transportation
22 trust fund to the metropolitan transportation authority[, its affil-
23 iates] or its subsidiaries shall be deemed to be an appropriation to the
24 metropolitan transportation authority and the total amount paid pursuant
25 to such appropriation or appropriations or section thirty-one of chapter
26 fifty-six of the laws of nineteen hundred ninety-three including the
27 second clause of the first sentence of subdivisions a and b thereof,
28 shall be deposited to such metropolitan transportation authority dedi-
29 cated tax fund and distributed in accordance with the provisions of
30 section twelve hundred [seventy-c] sixty-two of the public authorities
31 law.
32 Prior to making deposits as provided in this subdivision, the comp-
33 troller shall retain such amount as the commissioner may determine to be
34 necessary, subject to the approval of the director of the budget, for
35 reasonable costs of the department in administering and collecting the
36 taxes deposited pursuant to this subdivision and for refunds and
37 reimbursements with respect to such taxes, out of which the comptroller
38 shall pay any refunds or reimbursements of such taxes to which taxpayers
39 shall be entitled. Provided, further, however, that, prior to such
40 deposit, from the amounts so collected or received during the period
41 commencing on January first, nineteen hundred ninety-four and ending on
42 March thirty-first, nineteen hundred ninety-four, an amount equal to the
43 portion of the taxes, interest and penalties so received or collected
44 resulting from the amendments made by sections forty-two, forty-three
45 and forty-four of chapter fifty-seven of the laws of nineteen hundred
46 ninety-three shall be deposited and disposed of pursuant to the
47 provisions of subdivision one of section one hundred seventy-one-a of
48 this chapter.
49 § 16. Subdivision (a) of section 1109 of the tax law, as added by
50 chapter 485 of the laws of 1981, is amended to read as follows:
51 (a) General. In addition to the taxes imposed by sections eleven
52 [hundred] hundred five and eleven hundred ten of this article, there is
53 hereby imposed within the territorial limits of the metropolitan commu-
54 ter transportation district created and established pursuant to section
55 twelve hundred [sixty-two] sixty-b of the public authorities law, and
56 there shall be paid, additional taxes, at the rate of one-quarter of one
S. 994 122 A. 1924
1 percent, which shall be identical to the taxes imposed by sections elev-
2 en hundred five and eleven hundred ten of this article. Such sections
3 and the other sections of this article, including the definition and
4 exemption provisions, shall apply for purposes of the taxes imposed by
5 this section in the same manner and with the same force and effect as if
6 the language of those sections had been incorporated in full into this
7 section and had expressly referred to the taxes imposed by this section.
8 § 17. Paragraph 1 of subdivision (e) of section 1111 of the tax law,
9 as amended by chapter 261 of the laws of 1988, is amended to read as
10 follows:
11 (1) There are hereby created and established within the state two
12 regions for purposes of the payment of the tax imposed by section eleven
13 hundred two of this article. (i) One region shall consist of the locali-
14 ties included in the metropolitan commuter transportation district
15 created and established pursuant to section twelve hundred [sixty-two]
16 sixty-b of the public authorities law. (ii) The other region shall
17 consist of the area of the state outside the region referred to in
18 subparagraph (i) of this paragraph.
19 § 18. Subsection 5 of section 1455-B of the tax law, as amended by
20 chapter 11 of the laws of 1983, is amended to read as follows:
21 5. The term metropolitan commuter transportation district as used in
22 this section shall be defined pursuant to section twelve hundred
23 [sixty-two] sixty-b of the public authorities law.
24 § 19. Subdivision (b) of section 1505-a of the tax law, as added by
25 chapter 11 of the laws of 1983, is amended to read as follows:
26 (b) The term metropolitan commuter transportation district as used in
27 this section shall be defined pursuant to section twelve hundred
28 [sixty-two] sixty-b of the public authorities law.
29 § 20. Clause (B) of paragraph 2 of subsection (a) of section 2504 of
30 the insurance law is amended to read as follows:
31 (B) the city of New York, a public corporation or public authority, in
32 connection with the construction of electrical generating and trans-
33 mission facilities or construction, renovations, extensions and addi-
34 tions of light rail or heavy rail rapid transit [and commuter railroads]
35 facilities, omnibus facilities, commuter railroad facilities, bridges
36 and tunnels, including facilities ancillary thereto.
37 § 21. Subdivisions 1 and 3 of section 827 of the executive law, as
38 added by section 1 of part Z of chapter 383 of the laws of 2001, are
39 amended to read as follows:
40 1. "Upstate New York region" or "upstate region" shall mean the area
41 of the state outside of the metropolitan commuter transportation
42 district established pursuant to section twelve hundred [sixty-two]
43 sixty-b of the public authorities law.
44 3. "Downstate New York region" or "downstate region" shall mean the
45 area of the state within the metropolitan commuter transportation
46 district established pursuant to section twelve hundred [sixty-two]
47 sixty-b of the public authorities law.
48 § 22. Subdivision b of section 800 of the retirement and social secu-
49 rity law, as amended by chapter 437 of the laws of 1993, is amended to
50 read as follows:
51 b. "Employer" or "participating employer" shall mean the state of New
52 York and any other unit of government or organization which makes
53 contributions to a public retirement system on behalf of its employees.
54 Provided however, that the provisions of this article shall not apply to
55 the city of New York until such city enacts a local law adopting this
56 article in its entirety. Until such date (subject to the provisions of
S. 994 123 A. 1924
1 section eight hundred six of this article), no member of a public
2 retirement system: (i) who is an employee of the city of New York shall
3 have any rights created by the provisions of this article or (ii) who is
4 not an employee of the city of New York shall have any rights created by
5 this article resulting from any prior employment by the city of New
6 York. For the purposes herein: (i) the "city of New York" shall include:
7 (a) every employer other than a state employer which participates in the
8 New York city employees' retirement system, New York city teachers'
9 retirement system, New York city police pension fund, New York city fire
10 department pension fund or the New York city board of education retire-
11 ment system, and (b) a city of New York funded college of the state
12 university of New York located within such city, the city of New York
13 libraries subject to section thirty-two of this chapter, and the civil-
14 ian and uniformed employees described in [subdivision sixteen of]
15 section twelve hundred [four] sixty-nine of the public authorities law;
16 and (ii) a "state employer" shall mean the unified court system, the
17 senior colleges of the city university of New York and a public benefit
18 corporation, public corporation or subsidiary corporation a majority of
19 the members of which are appointed by the governor, designated by virtue
20 of their state office or appointed or designated by any combination of
21 the foregoing.
22 § 23. Subdivisions 2 and 3 of section 367-o of the social services
23 law, as added by chapter 1 of the laws of 1999, paragraph (a) of subdi-
24 vision 2 and the opening paragraph of subdivision 3 as amended by chap-
25 ter 419 of the laws of 2000 and paragraph (c) of subdivision 3 as
26 amended by section 31 of part H of chapter 686 of the laws of 2003, are
27 amended to read as follows:
28 2. Health insurance continuation demonstration. (a) The commissioner
29 of health is hereby authorized to establish mechanisms to improve the
30 process of authorizing medical assistance payment of health insurance
31 premiums, pursuant to paragraph (c) of subdivision one of section three
32 hundred sixty-seven-a of this title, on behalf of personal care and home
33 health care workers who reside in any city with a population of one
34 million or more and any county with a population of nine hundred thou-
35 sand or more if such city or county is located within the metropolitan
36 commuter transportation district created pursuant to section twelve
37 hundred [sixty-two] sixty-b of the public authorities law, and whose
38 employment is irregular, episodic, or cyclical, and whose health insur-
39 ance coverage therefore is frequently disrupted. Notwithstanding the
40 provisions of section three hundred sixty-five of this title, the
41 commissioner of health shall exercise discretion to determine whether
42 medical assistance payment of such premiums is cost effective. If the
43 commissioner of health determines that the test of cost effectiveness of
44 insurance premiums is based on other than a case-by-case basis, no
45 medical assistance payment for such premiums will be made until the
46 commissioner of health obtains all necessary approvals under federal law
47 and regulation to receive federal financial participation in the costs
48 of such medical assistance.
49 (b) The commissioner of health is authorized in consultation with the
50 superintendent of insurance to require group health insurance plans and
51 employer-based group health plans to report to the department or its
52 designee, insofar as such reporting does not violate any provisions of
53 the federal Employee Retirement Income Security Act of 1974 (ERISA), at
54 such times and in such manner as the commissioner of health shall
55 decide, any information needed to operate such a demonstration project,
56 including, but not limited to, the number of persons in such plans who
S. 994 124 A. 1924
1 become ineligible each month for the continuation coverage described in
2 paragraph (a) of this subdivision. In addition, every health maintenance
3 organization certified under article forty-four of the public health law
4 and every insurer licensed by the superintendent of insurance shall
5 submit reports to the superintendent and to the commissioner of health
6 in such form and at such times as may be required to implement the
7 provisions of this subdivision.
8 3. Rate incentive demonstration. With respect to a demonstration
9 program authorized by subdivision one of this section, the commissioner
10 of health may solicit and accept applications for participation in the
11 demonstration program from any employer, or group of employers, of
12 personal care workers or home health workers, who are employed in any
13 city with a population of one million or more and any county with a
14 population of nine hundred thousand or more if such city or county is
15 located within the metropolitan commuter transportation district created
16 pursuant to section twelve hundred [sixty-two] sixty-b of the public
17 authorities law, and whose employers provide services primarily to
18 medical assistance recipients, if the following conditions are met:
19 (a) at least fifty percent of the persons receiving services from such
20 employers are recipients of medical assistance;
21 (b) the employer contributes to a group health insurance plan or
22 employer based group health plan on behalf of such employees; and
23 (c) no benefits are provided under the group health insurance plan or
24 employer based group health plan in excess of the benefits provided to
25 the majority of hospital workers in the community in which the personal
26 care and home health care workers are employed. The commissioner of
27 health is authorized to add up to fifty-eight million dollars per year
28 for the period January first, two thousand through December thirty-
29 first, two thousand two, and up to one hundred sixty-three million
30 dollars per year for the period January first, two thousand three
31 through June thirtieth, two thousand five, to rates of payment for qual-
32 ifying personal care providers and certified home health agencies who
33 are approved to participate in the demonstration program. The commis-
34 sioner may modify the amounts made available for any specific annual
35 period so long as the total amount made available for the period of the
36 demonstration is not exceeded.
37 § 24. Subdivision 1 of section 17-b of the transportation law, as
38 amended by chapter 84 of the laws of 1985, is amended to read as
39 follows:
40 1. Notwithstanding the provisions of subdivision [eight] nine of
41 section twelve hundred [sixty-six] sixty-f and subdivision seven of
42 section twelve hundred ninety-nine-f of the public authorities law or
43 [of subdivision seventeen] of section one hundred forty-two of this
44 chapter, every transportation authority and every other public transpor-
45 tation operator or carrier receiving mass transportation operating
46 assistance pursuant to section eighteen-b of this chapter either direct-
47 ly from the department of transportation or through a county or munici-
48 pality pursuant to said section, shall prepare and publicize a plan for
49 transportation safety, including but not limited to equipment mainte-
50 nance procedures, personnel safety training programs, accident reporting
51 systems, passenger safety practices and the persons responsible for the
52 implementation of such practices and programs. Every authority and every
53 other public transportation operator or carrier required herein to file
54 such a plan shall review such plan biennially and amend such plan if
55 amendments are necessary.
S. 994 125 A. 1924
1 § 25. Any rule or regulation promulgated by the Triborough bridge and
2 tunnel authority, the New York city transit authority, the Manhattan and
3 Bronx surface transit operating authority, the Staten Island rapid tran-
4 sit operating authority, the metropolitan suburban bus authority, the
5 Long Island rail road company or the Metro-North commuter railroad
6 company prior to the effective date of this act shall not be impaired in
7 any way by the adoption of this act and shall remain in full force and
8 effect unless and until amended by the metropolitan transportation
9 authority or a subsidiary thereof created by this act, as the case may
10 be. Any notice of violation or other accusatory instrument charging a
11 violation of any such rule or regulation may be issued in the name of or
12 on behalf of such subsidiary corporation acquiring ownership, jurisdic-
13 tion or control over the facilities or other property upon which the act
14 or acts constituting a violation of such rule or regulation arises.
15 § 26. Subdivision 3 of section 13-101 of the administrative code of
16 the city of New York is amended by adding two new paragraphs c and d to
17 read as follows:
18 c. Service as an employee of MTA bridges and tunnels, created by
19 section twelve hundred sixty-five of the public authorities law, and as
20 an employee of MTA subways, created by section twelve hundred sixty-
21 eight of the public authorities law, shall constitute city service as
22 defined in this subdivision.
23 d. (i) Except as provided in subparagraph (ii) of this paragraph,
24 service as an employee of the MTA bus created by section twelve hundred
25 seventy-one of the public authorities law shall not constitute or be
26 deemed to constitute city service as defined in this subdivision.
27 (ii) Notwithstanding any other provision of law to the contrary, where
28 a member of the retirement system employed by the New York city transit
29 authority has been transferred from the New York city transit authority
30 to MTA bus pursuant to the provisions of section twelve hundred seven-
31 ty-one-c of the public authorities law, the service rendered by such
32 transferred person as a paid employee of the MTA bus shall be deemed to
33 be service as a paid employee of the New York city transit authority for
34 the purposes of determining the rights and obligations of such person
35 pursuant to the provisions of this chapter, the retirement and social
36 security law or any other law governing the rights and obligations of
37 retirement system members, provided, however, that MTA bus, and not the
38 New York city transit authority, shall make all employer contributions
39 to the retirement system for such service which MTA bus would be
40 required to make under applicable law if the service rendered by such
41 transferred person as a paid employee of MTA bus were actually city
42 service as defined in this subdivision.
43 § 27. This act shall take effect on the ninetieth day after it shall
44 have become a law; provided, however, that section five of this act and
45 the repeal of section 1270-a of the public authorities law made by
46 section three of this act shall not become effective until January 1,
47 2006 and moneys deposited into the metropolitan transportation authority
48 special assistance fund prior to January 1, 2006, shall be used for the
49 same transit and commuter purposes assumed by the successor entities to
50 the entities identified in such section 1270-a; and provided further
51 that section twelve of this act shall apply to mortgages recorded on or
52 after the first day of the month succeeding the effective date of this
53 act.
54 PART B
S. 994 126 A. 1924
1 Section 1. Section 1203 of the public authorities law is amended by
2 adding a new subdivision 8 to read as follows:
3 8. Notwithstanding any other provision of law, upon the conveyance of
4 the transit facilities in accordance with this section, whether by deed,
5 lease, license or other arrangement, the authority shall be deemed the
6 sole owner of such facilities with respect to all obligations and
7 liabilities imposed by law on property owners.
8 § 2. Section 1203-a of the public authorities law is amended by adding
9 a new subdivision 12 to read as follows:
10 12. Notwithstanding any other provision of law, upon the conveyance of
11 any omnibus line acquired by the city to the subsidiary corporation in
12 accordance with this section, the subsidiary corporation shall be deemed
13 the sole owner of such facilities with respect to all obligations and
14 liabilities imposed by law on property owners.
15 § 3. This act shall take effect immediately and shall apply to all
16 matters arising on or after such effective date and to all matters pend-
17 ing on such effective date.
18 PART C
19 Section 1. The sum of three hundred sixteen million three hundred
20 ninety-seven thousand dollars ($316,397,000), or so much thereof as
21 shall be necessary, and in addition to amounts previously appropriated
22 by law, is hereby made available, in accordance with subdivision 1 of
23 section 380 of the public authorities law as amended, according to the
24 following schedule. Payments pursuant to subdivision (a) of this
25 section shall be made available as moneys become available for such
26 payments. Payments pursuant to subdivisions (b) and (c) of this section
27 shall be made available on the fifteenth day of June, September, Decem-
28 ber and March or as soon thereafter as moneys become available for such
29 payments. No moneys of the state in the state treasury or any of its
30 funds shall be available for payments pursuant to this section:
31 SCHEDULE
32 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
33 to municipalities for repayment of eligible costs of federal aid munici-
34 pal street and highway projects pursuant to section 15 of chapter 329 of
35 the laws of 1991, as added by section 9 of chapter 330 of the laws of
36 1991, as amended. The department of transportation shall provide such
37 information to the municipalities as may be necessary to maintain the
38 federal tax exempt status of any bonds, notes, or other obligations
39 issued by such municipalities to provide for the non-federal share of
40 the cost of projects pursuant to chapter 330 of the laws of 1991 or
41 section 80-b of the highway law.
42 The program authorized pursuant to section 15 of chapter 329 of the
43 laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
44 as amended, shall additionally make payments for reimbursement according
45 to the following schedule:
46 State Fiscal Year Amount
47 2006-07 $39,700,000
48 2007-08 $39,700,000
49 2008-09 $39,700,000
50 2009-10 $39,700,000
51 (b) Two hundred seventeen million nine hundred thousand dollars
52 ($217,900,000) to counties, cities, towns and villages for reimbursement
53 of eligible costs of local highway and bridge projects pursuant to
54 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
S. 994 127 A. 1924
1 section 9 of chapter 330 of the laws of 1991, as amended. For the
2 purposes of computing allocations to municipalities, the amount distrib-
3 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
4 deemed to be $114,188,000. The amount distributed pursuant to section
5 16-a of chapter 329 of the laws of 1991 shall be deemed to be
6 $103,712,000. Notwithstanding the provisions of any general or special
7 law, the amounts deemed distributed in accordance with section 16 of
8 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
9 will not be less than 78.750 percent of the "funding level" as defined
10 in subdivision 5 of section 10-c of the highway law for each such muni-
11 cipality. In order to achieve the objectives of section 16 of chapter
12 329 of the laws of 1991, to the extent necessary, the amounts in excess
13 of 78.750 percent of the funding level to be deemed distributed to each
14 municipality under this subdivision shall be reduced in equal propor-
15 tion.
16 (c) Fifty-eight million seven hundred ninety-seven thousand dollars
17 ($58,797,000) to municipalities for reimbursement of eligible costs of
18 local highway and bridge projects pursuant to sections 16 and 16-a of
19 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
20 the laws of 1991, as amended. For the purposes of computing allocations
21 to municipalities, the amount distributed pursuant to section 16 of
22 chapter 329 of the laws of 1991 shall be deemed to be $30,812,000. The
23 amount distributed pursuant to section 16-a of chapter 329 of the laws
24 of 1991 shall be deemed to be $27,985,000. Notwithstanding the
25 provisions of any general or special law, the amounts deemed distributed
26 in accordance with section 16 of chapter 329 of the laws of 1991 shall
27 be adjusted so that such amounts will not be less than 21.250 percent of
28 the "funding level" as defined in subdivision 5 of section 10-c of the
29 highway law for each such municipality. In order to achieve the objec-
30 tives of section 16 of chapter 329 of the laws of 1991, to the extent
31 necessary, the amounts in excess of 21.250 percent of the funding level
32 to be deemed distributed to each municipality under this paragraph shall
33 be reduced in equal proportion. To the extent that the total of remain-
34 ing payment allocations calculated herein varies from $58,797,000, the
35 payment amounts to each locality shall be adjusted by a uniform percent-
36 age so that the total payments equal $58,797,000.
37 The program authorized pursuant to sections 16 and 16-a of chapter 329
38 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
39 1991, as amended, shall additionally make payments for reimbursement
40 according to the following schedule:
41 State Fiscal Year Amount
42 2006-07 $276,697,000
43 2007-08 $276,697,000
44 2008-09 $276,697,000
45 2009-10 $276,697,000
46 § 2. Subdivision (b) of section 11 of chapter 329 of the laws of 1991,
47 amending the state finance law and other laws relating to the establish-
48 ment of the dedicated highway and bridge trust fund, as amended by
49 section 2 of part B of chapter 59 of the laws of 2004, is amended to
50 read as follows:
51 (b) Any service contract or contracts for projects authorized pursuant
52 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
53 14-k of the transportation law, and entered into pursuant to subdivision
54 (a) of this section, shall provide for state commitments to provide
55 annually to the thruway authority a sum or sums, upon such terms and
56 conditions as shall be deemed appropriate by the director of the budget,
S. 994 128 A. 1924
1 to fund, or fund the debt service requirements of any bonds or any obli-
2 gations of the thruway authority issued to fund such projects having a
3 cost not in excess of [$4,029.04] $5,611.00 million cumulatively by the
4 end of fiscal year [2004-05] 2009-10.
5 § 3. This act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after April 1, 2005.
7 PART D
8 Section 1. The section heading and subdivisions (a) and (c) of section
9 1680 of the vehicle and traffic law, the section heading and subdivision
10 (a) as amended by chapter 420 of the laws of 1968, and subdivision (c)
11 as amended by chapter 210 of the laws of 1976, are amended to read as
12 follows:
13 Department of transportation to [adopt] maintain manual of uniform
14 traffic-control devices. (a) The department of transportation shall
15 [adopt] maintain a manual and specifications for a uniform system of
16 traffic-control devices consistent with the provisions of this chapter
17 for use upon highways within this state. Such uniform system shall
18 correlate with and so far as [practicable] possible conform to
19 nationally accepted standards. To the extent that the National Manual
20 on Uniform Traffic Control Devices (hereinafter referred to in this
21 section as MUTCD), promulgated by the Federal Highway Administration
22 pursuant to subpart F of part 655 of Title 23 of the Code of Federal
23 Regulations and subject to a public comment period under federal law,
24 does not conflict with the provisions of this chapter and the provisions
25 of other laws of the state, the National MUTCD shall constitute such
26 state manual and specifications; provided, however, such manual and
27 specifications may be modified by the commissioner of transportation by
28 the adoption of a supplement or supplements as such commissioner deter-
29 mines warranted. The manual and its specifications is adopted as the
30 state standard for traffic control devices on any street, highway, or
31 bicycle path open to public travel. No person shall install or maintain
32 in any area of private property used by the public any sign, signal,
33 marking or other device intended to regulate, warn or guide traffic
34 unless it conforms with the state manual and specifications maintained
35 under this section.
36 (c) No state or local authority shall hereafter fabricate or purchase
37 any traffic-control device that does not conform to the current manual
38 and specifications as amended from time to time. No state or local
39 authority shall hereafter install any traffic-control device that does
40 not conform to the current manual and specifications as amended from
41 time to time, except that devices that are on order or on hand and serv-
42 iceable or operable may be installed [if they conform to specifications
43 that were current within the preceding ten years] and used until the
44 phase-in compliance date specified in the MUTCD. No state or local
45 authority shall continue to use any traffic-control device that does not
46 conform to the current manual and specifications as amended from time to
47 time [or to specifications that were current within the preceding ten
48 years] beyond the phase-in compliance date specified in the MUTCD,
49 except that a city having a population in excess of one million shall
50 conform to the state manual and specifications only insofar as such
51 local authority in its discretion deems practicable.
52 § 2. Subdivision (b) of section 1172 of the vehicle and traffic law is
53 amended to read as follows:
S. 994 129 A. 1924
1 (b) The driver of a vehicle approaching a yield sign if required for
2 safety to stop shall stop at a clearly marked [stop] yield line, but if
3 none, then shall stop before entering the crosswalk on the near side of
4 the intersection, or in the event there is no crosswalk, at the point
5 nearest the intersecting roadway where the driver has a view of the
6 approaching traffic on the intersecting roadway before entering the
7 intersection and the right to proceed shall be subject to the provisions
8 of section eleven hundred forty-two of this title.
9 § 3. Section 1113 of the vehicle and traffic law, as amended by chap-
10 ter 356 of the laws of 1971, subdivision (a) as amended by chapter 420
11 of the laws of 1980, is amended to read as follows:
12 § 1113. Flashing signal indications. Whenever traffic is controlled by
13 a flashing signal used in a traffic sign or signal, only the colors red
14 and yellow shall be used, and said signals shall indicate and apply to
15 drivers of vehicles as follows:
16 (a) Flashing red indications. Unless to make another movement permit-
17 ted by other indications shown at the same time, vehicular traffic
18 facing a circular red signal or red arrow with rapid intermittent flash-
19 es shall stop at a clearly marked stop line, but if none, then shall
20 stop before entering the crosswalk on the near side of the intersection,
21 or in the event there is no crosswalk, at the point nearest the inter-
22 secting roadway where the driver has a view of approaching traffic on
23 the intersecting roadway before entering the intersection and the right
24 to proceed shall be subject to the rules applicable after making a stop
25 at a stop sign.
26 (b) Flashing yellow indications. Vehicular traffic facing a circular
27 yellow signal or yellow arrow with rapid intermittent flashes may
28 proceed through the intersection or past such signal only with caution.
29 (c) Flashing red arrows and flashing yellow arrow indications have the
30 same meaning as the corresponding flashing circular indications, except
31 that they apply only to drivers of vehicles intending to make the move-
32 ment indicated by the arrow.
33 (d) This section shall not apply at railroad grade crossings. Conduct
34 of drivers of vehicles approaching railroad grade crossings shall be
35 governed by the rules as set forth in section eleven hundred seventy of
36 this title.
37 § 4. Section 599-a of the general business law, as added by chapter
38 423 of the laws of 1974, is amended to read as follows:
39 § 599-a. Prohibition on sale. It shall be unlawful for any person,
40 firm, association or corporation to sell, lease, or offer for sale or
41 hire for use in this state any traffic control device unless it conforms
42 to the current manual and specifications for a uniform system of traff-
43 ic-control devices [adopted] maintained by the department of transporta-
44 tion or unless a certificate of approval has been issued by the commis-
45 sioner of transportation.
46 § 5. This act shall take effect immediately and shall be deemed to
47 have been in full force and effect on and after April 1, 2005, provided
48 that section one of this act shall take effect one year after it shall
49 have become a law.
50 PART E
51 Section 1. Section 9 of chapter 533 of the laws of 1993, amending the
52 vehicle and traffic law and the correction law relating to the suspen-
53 sion and revocation of driver's licenses upon conviction of certain
S. 994 130 A. 1924
1 drug-related offenses, as amended by chapter 487 of the laws of 2003, is
2 amended to read as follows:
3 § 9. This act shall take effect September 30, 1993 and shall apply to
4 convictions based on offenses which occurred on or after such date [and
5 shall remain in full force and effect until October 1, 2005 when upon
6 such date the provisions of this act shall be deemed repealed and the
7 provisions of law amended by this act shall revert to and be read as if
8 the provisions of this act had not been enacted].
9 § 2. Section 7 of chapter 312 of the laws of 1994, amending the vehi-
10 cle and traffic law relating to suspensions of licenses pending prose-
11 cution of certain alcohol-related charges, and authorizations for proba-
12 tionary and conditional driver's licenses, as amended by chapter 487 of
13 the laws of 2003, is amended to read as follows:
14 § 7. This act shall take effect immediately; provided however that
15 sections three, four, five and six of this act shall take effect on the
16 first day of November next succeeding the date on which it shall have
17 become a law and shall apply to offenses committed on or after such
18 date[; provided further, however, that the amendment to paragraph (c) of
19 subdivision 2 of section 1193 of the vehicle and traffic law made by
20 section two of this act shall take effect on the same date as such para-
21 graph takes effect pursuant to section 9 of chapter 533 of the laws of
22 1993, as amended; provided, further, that the provisions of section four
23 of this act shall remain in full force and effect until October 1, 2005
24 when upon such date the provisions of such section shall be deemed
25 repealed and the provisions of law amended by such section shall revert
26 to and be read as if the provisions of such section had not been
27 enacted].
28 § 3. This act shall take effect immediately, and shall be deemed to
29 have been in full force and effect on and after April 1, 2005.
30 PART F
31 Section 1. The vehicle and traffic law is amended by adding a new
32 section 109-c to read as follows:
33 § 109-c. Conviction. Any conviction as defined in subdivision thirteen
34 of section 1.20 of the criminal procedure law; provided, however, where
35 a conviction or administrative finding in this state or another state
36 results in a mandatory sanction against a commercial driver's license,
37 as set forth in sections five hundred ten, five hundred ten-a, eleven
38 hundred ninety-two and eleven hundred ninety-four of this chapter,
39 conviction shall also mean an unvacated adjudication of guilt, or a
40 determination that a person has violated or failed to comply with the
41 law in a court of original jurisdiction or by an authorized administra-
42 tive tribunal, an unvacated forfeiture of bail or collateral deposited
43 to secure the person's appearance in court, a plea of guilty or nolo
44 contendere accepted by the court, the payment of a fine or court cost,
45 or violation of a condition of release without bail, regardless of
46 whether or not the penalty is rebated, suspended, or probated.
47 § 2. Paragraph (i) of subdivision 1 of section 201 of the vehicle and
48 traffic law, as amended by chapter 432 of the laws of 1997, is amended
49 to read as follows:
50 (i) (i) any accident reports filed with the commissioner, conviction
51 certificates, police reports, complaints, satisfied judgment records,
52 closed suspension and revocation orders, hearing records, other than
53 audio tape recordings of hearings, significant correspondence relating
54 to any of the same, and any other record on file after remaining on file
S. 994 131 A. 1924
1 for four years except that if the commissioner shall receive, during the
2 last year of such period of four years, written notice to retain one or
3 more of such papers or documents, the same shall be retained for another
4 four years in addition to said period of four years. The provisions of
5 this paragraph shall not apply to certificates of conviction filed with
6 respect to convictions which affect sentencing or administrative action
7 required by law beyond such four year period. Such certificates may be
8 destroyed after they have no legal effect on sentencing or administra-
9 tive action;
10 (ii)(A) Notwithstanding the provisions of subparagraph (i) of this
11 paragraph, the commissioner may destroy any conviction certificates and
12 closed suspension and revocation orders after remaining on file for:
13 (1) fifty-five years where the conviction and suspension or revocation
14 order relates to a conviction, suspension or revocation by the holder of
15 a commercial driver's license who, when operating any motor vehicle, has
16 refused to submit to a chemical test pursuant to section eleven hundred
17 ninety-four of this chapter, or has been convicted of any of the follow-
18 ing offenses while operating any motor vehicle: any violation of subdi-
19 vision two, three or four of section eleven hundred ninety-two of this
20 chapter, any violation of subdivision one or two of section six hundred
21 of this chapter, any felony involving the use of a motor vehicle, other
22 than the use of a motor vehicle in the commission of a felony involving
23 manufacturing, distributing, dispensing a controlled substance; or the
24 conviction, suspension or revocation involves any of the following
25 offenses while operating a commercial motor vehicle: any violation of
26 subdivision five or six of section eleven hundred ninety-two of this
27 chapter, driving a commercial motor vehicle when as a result of prior
28 violations committed while operating a commercial motor vehicle, the
29 driver's commercial driver's license is suspended or revoked, or has
30 been convicted of causing a fatality through the negligent operation of
31 a commercial motor vehicle, including but not limited to the crimes of
32 vehicular manslaughter and criminally negligent homicide as set forth in
33 article one hundred twenty-five of the penal law;
34 (2) ten years for violating an out of service order as provided for in
35 the rules and regulations of the department of motor vehicles while
36 operating a commercial motor vehicle; or
37 (B) Any conviction arising out of the use of a motor vehicle in the
38 commission of a felony involving manufacturing, distributing, or
39 dispensing a controlled substance shall never be destroyed.
40 (C) The provisions of this subparagraph shall only apply to records
41 requested by a state, the United States secretary of transportation, the
42 person who is the subject of the record, or a motor carrier or prospec-
43 tive motor carrier who employs or who may employ the person who is the
44 subject of the record.
45 § 3. Subparagraph (ii) of paragraph (b) of subdivision 2 of section
46 501 of the vehicle and traffic law, as amended by section 1 of part I of
47 chapter 62 of the laws of 2003, is amended to read as follows:
48 (ii) H endorsement. Shall be required to transport hazardous materials
49 as defined in section one hundred three of the hazardous materials
50 transportation act, public law 93-633, title I, when the vehicle trans-
51 porting such materials is required to be placarded under the hazardous
52 materials regulation, 49 CFR part 172, subpart F or is transporting any
53 quantity of material listed as a select agent or toxin in 42 CFR part
54 73. An applicant for a commercial driver's license in this state who
55 wishes to transport hazardous materials must obtain a New York state
56 hazardous materials endorsement even if such applicant holds a valid
S. 994 132 A. 1924
1 hazardous materials endorsement issued by another state. A farm vehicle
2 shall be exempt from the requirement for such endorsement when trans-
3 porting hazardous materials within one hundred fifty miles of the
4 person's farm. However, a separate non-commercial endorsement shall be
5 required for such exempted transportation. In order to obtain such
6 endorsement, the license holder must submit fingerprints for purposes of
7 a criminal history record check pursuant to subdivision six of this
8 section.
9 § 4. Subparagraph (viii) of paragraph (b) of subdivision 2 of section
10 501 of the vehicle and traffic law, as added by chapter 552 of the laws
11 of 1994, is amended to read as follows:
12 (viii) [CT] W endorsement. Shall be required to operate a tow truck.
13 § 5. Paragraph (b) of subdivision 2 of section 501 of the vehicle and
14 traffic law is amended by adding a new subparagraph (x) to read as
15 follows:
16 (x) S endorsement. Shall be required to operate a school bus, as
17 defined in section one hundred forty-two of this chapter, which is
18 designed or used to transport fifteen or more passengers.
19 § 6. Subparagraph (i) of paragraph (d) of subdivision 2 of section 501
20 of the vehicle and traffic law, as amended by chapter 382 of the laws of
21 1998, is amended to read as follows:
22 (i) Notwithstanding the foregoing provisions of this subdivision, a
23 motor vehicle or combination of vehicles, other than a motorcycle, that
24 is a military vehicle operated by a member of the armed forces, or a
25 police or fire vehicle used in an emergency operation, as defined in
26 section one hundred fourteen-b of this chapter, or a vehicle owned and
27 identified as being owned by the state, a political subdivision thereof,
28 an ambulance service as defined in subdivision two of section three
29 thousand one of the public health law or a voluntary ambulance service
30 as defined in subdivision three of such section and used to provide
31 emergency medical service as defined in section three thousand one of
32 the public health law may be operated with any class license other than
33 a class DJ, M or MJ license. For the purposes of this paragraph the
34 term "member of the armed forces" shall include active duty military
35 personnel; members of the military reserves; members of the national
36 guard on active duty, including personnel on full time active guard
37 duty, personnel on part-time national guard training, and national guard
38 military technicians (civilians who are required to wear military
39 uniforms); and active duty United States coast guard personnel. The term
40 shall not include United States reserve technicians.
41 § 7. Subdivision 6 of section 501 of the vehicle and traffic law, as
42 added by section 2 of part I of chapter 62 of the laws of 2003, is
43 amended to read as follows:
44 6. H endorsement criminal history record check. Upon receipt of an
45 application and completion of all other requirements imposed by the
46 commissioner for an H endorsement to permit the operator to transport
47 hazardous materials as defined in section one hundred three of the
48 hazardous materials transportation act, public law 93-633, title I, when
49 the vehicle transporting such materials is required to be placarded
50 under the hazardous materials regulation, 49 CFR part 172, subpart F, or
51 is transporting any quantity of material listed as a select agent or
52 toxin in 42 CFR part 73, the commissioner, subject to the rules and
53 regulations of the division of criminal justice services, shall initiate
54 a criminal history record check of the person making the application.
55 The commissioner shall obtain from each applicant two sets of finger-
56 prints and the division of criminal justice services processing fee
S. 994 133 A. 1924
1 imposed pursuant to subdivision eight-a of section eight hundred thir-
2 ty-seven of the executive law and any fee imposed by the federal bureau
3 of investigation. The commissioner shall promptly transmit such finger-
4 prints and fees to the division of criminal justice services for proc-
5 essing. The federal bureau of investigation and the division of criminal
6 justice services shall forward such criminal history record, if any, to
7 the commissioner. All such criminal history records processed and sent
8 pursuant to this section shall be confidential pursuant to the applica-
9 ble federal and state laws, rules and regulations, and shall not be
10 published or in any way disclosed to persons other than authorized
11 personnel, unless otherwise authorized by law. No cause of action
12 against the commissioner, the department or the division of criminal
13 justice services for damages related to the dissemination of criminal
14 history records pursuant to this section shall exist when the commis-
15 sioner, department or division of criminal justice services has reason-
16 ably and in good faith relied upon the accuracy and completeness of
17 criminal history information furnished to it by qualified agencies. The
18 provision of such information by the division of criminal justice
19 services shall be subject to the provisions of subdivision sixteen of
20 section two hundred ninety-six of the executive law. The consideration
21 of such criminal history record by the commissioner shall be subject to
22 article twenty-three-A of the correction law. The commissioner shall
23 review such criminal history record for a conviction within the previous
24 ten years for: (i) any violent felony offense, as defined in section
25 70.02 of the penal law; or (ii) any felony defined in article one
26 hundred twenty, one hundred twenty-five, one hundred thirty, one hundred
27 thirty-five, one hundred forty, one hundred forty-five, one hundred
28 fifty, one hundred fifty-five, one hundred sixty, one hundred seventy,
29 one hundred seventy-five, two hundred, two hundred ten, two hundred
30 twenty, two hundred twenty-one, two hundred forty, two hundred sixty-
31 five, four hundred sixty, four hundred seventy, four hundred eighty-
32 five, or four hundred ninety of the penal law or section fifty-three-e
33 of the railroad law; or (iii) any offense in another jurisdiction which
34 includes all of the essential elements of such offenses described in
35 paragraphs (i) and (ii) of this subdivision and for which a sentence of
36 imprisonment for more than one year was authorized in the other juris-
37 diction and is authorized in this state, regardless of whether such
38 sentence was imposed; or any of the following federal offenses: improper
39 transportation of a hazardous material, as defined in 49 U.S.C. 46312,
40 conveying false information or threats, as defined in 49 U.S.C. 46507,
41 espionage, as defined in 18 U.S.C. 793, 794 or 3077, sedition, as
42 defined in 18 U.S.C. 2384, 2385 or section 4 of the subversive activ-
43 ities control act of 1950, treason, as defined in 18 U.S.C. 2381 or
44 conspiracy or solicitation, as defined in 18 U.S.C. 371 or 373; or (iv)
45 an attempt or conspiracy to commit any of the offenses specified in
46 paragraphs (i), (ii), or (iii) of this subdivision. In calculating such
47 ten year period, any period of time during which the person was incar-
48 cerated for any reason between the time of commission of the previous
49 felony and the time of commission of the present felony shall be
50 excluded and such ten year period shall be extended by a period or peri-
51 ods equal to the time served under such incarceration. After receipt of
52 a criminal history record from the division of criminal justice
53 services, if any, and review of such record, the commissioner shall
54 promptly notify the applicant whether he or she will be granted an H
55 endorsement based upon the applicant's criminal history and promptly
56 notify such applicant of the determination and the procedure for
S. 994 134 A. 1924
1 requesting a hearing pursuant to this subdivision. If the commissioner
2 denies an applicant an H endorsement based either in whole or in part on
3 such applicant's criminal record, the commissioner must notify such
4 applicant of the basis for such denial, and afford such applicant notice
5 and an opportunity to be heard and offer proof in opposition to such
6 determination. If the applicant requests a hearing to contest the
7 commissioner's determination, such hearing must be requested no later
8 than thirty days after the applicant's receipt of the determination and
9 must be scheduled by the commissioner within sixty days of such request.
10 Upon request and pursuant to the rules and regulations of the division
11 of criminal justice services, any applicant may obtain, review and seek
12 correction of his or her criminal history record.
13 § 8. Subdivision 3 of section 501-a of the vehicle and traffic law, as
14 added by chapter 173 of the laws of 1990, is amended to read as follows:
15 3. Hazardous materials. [Materials as defined in section one hundred
16 three of the hazardous materials transportation act, public law 93-633,
17 title I.] Any material that has been designated as hazardous under 49
18 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR
19 part 172 or any quantity of a material listed as a select agent or toxin
20 in 42 CFR part 73.
21 § 9. Subparagraph (v) of paragraph (a) of subdivision 4 of section
22 501-a of the vehicle and traffic law, as added by chapter 173 of the
23 laws of 1990, is amended to read as follows:
24 (v) of any size, other than a farm vehicle operated within one hundred
25 fifty miles of the operator's farm, used in the transportation of mate-
26 rials found by the United States secretary of transportation to be
27 hazardous under the hazardous materials transportation act and which
28 requires the motor vehicle transporting such materials to be placarded
29 under the hazardous materials regulation, 49 CFR part 172, subpart F or
30 is transporting any quantity of a material listed as a select agent or
31 toxin in 42 CFR part 73.
32 § 10. Paragraph (b) of subdivision 4 of section 501-a of the vehicle
33 and traffic law, as amended by chapter 382 of the laws of 1998, is
34 amended to read as follows:
35 (b) However, a commercial motor vehicle shall not include: (i) a
36 personal use vehicle or a farm vehicle or a combination of such vehi-
37 cles; (ii) a military vehicle or combination of military vehicles oper-
38 ated by a member of the armed forces; (iii) a police or fire vehicle or
39 a vehicle used in an emergency operation, as defined in section one
40 hundred fourteen-b of this chapter, owned and identified as being owned
41 by the state, a political subdivision thereof, an ambulance service as
42 defined in subdivision two of section three thousand one of the public
43 health law or a voluntary ambulance service as defined in subdivision
44 three of such section and used to provide emergency medical service as
45 defined in section three thousand one of the public health law or combi-
46 nation of such vehicles; or (iv) a vehicle or combination of vehicles
47 which is designed and primarily used for purposes other than the trans-
48 portation of persons or property and which is operated on a public high-
49 way only occasionally for the purpose of being transported to a
50 construction or off-highway site at which its primary purpose is to be
51 performed except as may otherwise be specifically provided by regulation
52 of the commissioner. For the purposes of this paragraph, the term
53 "member of the armed forces" shall include active duty military person-
54 nel; members of the military reserves; members of the national guard on
55 active duty, including personnel on full time active guard duty, person-
56 nel on part-time national guard training, and national guard military
S. 994 135 A. 1924
1 technicians (civilians who are required to wear military uniforms); and
2 active duty United States coast guard personnel. The term shall not
3 include United States reserve technicians.
4 § 11. Paragraph (c) of subdivision 5 of section 502 of the vehicle and
5 traffic law, as added by chapter 173 of the laws of 1990, is amended to
6 read as follows:
7 (c) The commissioner shall not issue a commercial driver's license to
8 a person while such person would be subject to disqualification from
9 operating a commercial motor vehicle for any cause set forth in the
10 commercial motor vehicle safety act of nineteen hundred eighty-six,
11 public law 99-570, title XII and regulations promulgated thereunder. In
12 addition, the commissioner shall suspend a commercial driver's license
13 while such driver is determined to constitute an imminent hazard and is
14 subject to disqualification pursuant to 49 C.F.R 383.52.
15 § 12. Paragraphs b, c and subparagraph (i) of paragraph d of subdivi-
16 sion 6 of section 510 of the vehicle and traffic law, as added by chap-
17 ter 173 of the laws of 1990, are amended to read as follows:
18 b. Except as otherwise provided in paragraph c of this subdivision,
19 where revocation is mandatory pursuant to subparagraph (iii) of para-
20 graph a of subdivision two of this section [and the violation of subdi-
21 vision two of section six hundred of this chapter was committed while
22 operating a commercial motor vehicle], no new commercial driver's
23 license shall be issued for at least one year nor thereafter except in
24 the discretion of the commissioner, except that if such person has
25 previously been found to have refused a chemical test pursuant to
26 section eleven hundred ninety-four of this chapter [while operating a
27 commercial motor vehicle] or has a prior conviction of any of the
28 following offenses [while operating a commercial motor vehicle]: any
29 violation of section eleven hundred ninety-two of this chapter; any
30 violation of subdivision one or two of section six hundred of this chap-
31 ter; or has a prior conviction of any felony involving the use of a
32 [commercial] motor vehicle pursuant to paragraph (a) of subdivision one
33 of section five hundred ten-a of this article, then such commercial
34 driver's license revocation shall be permanent.
35 c. Where revocation is mandatory pursuant to subdivision one or
36 subparagraph (iii) of paragraph a of subdivision two of this section and
37 the violation of subdivision two of section six hundred of this chapter
38 was committed while operating a commercial motor vehicle transporting
39 hazardous materials, no new commercial driver's license shall be issued
40 for at least three years nor thereafter except in the discretion of the
41 commissioner, except that if such person has previously been found to
42 have refused a chemical test pursuant to section eleven hundred ninety-
43 four of this chapter [while operating a commercial motor vehicle] or has
44 a prior conviction of any of the following offenses [while operating a
45 commercial motor vehicle]: any violation of section eleven hundred nine-
46 ty-two of this chapter; any violation of subdivision one or two of
47 section six hundred of this chapter; or has a prior conviction of any
48 felony involving the use of a [commercial] motor vehicle pursuant to
49 paragraph (a) of subdivision one of section five hundred ten-a of this
50 article, then such commercial driver's license revocation shall be
51 permanent.
52 (i) that during such ten year period such person has not been found to
53 have refused a chemical test pursuant to section eleven hundred ninety-
54 four of this chapter [while operating a commercial motor vehicle] and
55 has not been convicted of any one of the following offenses [while oper-
56 ating a commercial motor vehicle]: any violation of section eleven
S. 994 136 A. 1924
1 hundred ninety-two of this chapter; any violation of subdivision one or
2 two of section six hundred of this chapter; or has a prior conviction of
3 any felony involving the use of a [commercial] motor vehicle pursuant to
4 paragraph (a) of subdivision one of section five hundred ten-a of this
5 article;
6 § 13. Subdivisions 1 and 2 of section 510-a of the vehicle and traffic
7 law, as added by chapter 173 of the laws of 1990, are amended to read as
8 follows:
9 1. Revocation. A commercial driver's license shall be revoked by the
10 commissioner whenever the holder is convicted within or outside of this
11 state (a) of a felony involving the use of a [commercial] motor vehicle
12 [as defined in section five hundred one-a of this chapter] except a
13 felony as described in paragraph (b) of this subdivision; (b) of a felo-
14 ny involving manufacturing, distributing or dispensing a drug as defined
15 in section one hundred fourteen-a of this chapter or possession of any
16 such drug with intent to manufacture, distribute or dispense such drug
17 in which a [commercial] motor vehicle was used[.]; (c) of a violation of
18 subdivision one or two of section six hundred of this chapter; (d) of
19 operating a commercial motor vehicle when, as a result of prior
20 violations committed while operating a commercial motor vehicle, the
21 driver's commercial driver's license is revoked, suspended, or canceled,
22 or the driver is disqualified from operating a commercial motor vehicle;
23 (e) or has been convicted of causing a fatality through the negligent
24 operation of a commercial motor vehicle, including but not limited to
25 the crimes of motor vehicle manslaughter, homicide by motor vehicle and
26 negligent homicide.
27 2. Duration of revocation. (a) Except as otherwise provided in para-
28 graph (b) of this subdivision, where revocation of a commercial driver's
29 license is mandatory pursuant to paragraph (a) of subdivision one of
30 this section no new commercial driver's license shall be issued for at
31 least one year nor thereafter except in the discretion of the commis-
32 sioner, except that if such person has previously been found to have
33 refused a chemical test pursuant to section eleven hundred ninety-four
34 of this chapter [while operating a commercial motor vehicle] or has a
35 prior conviction of any of the following offenses [while operating a
36 commercial motor vehicle]: any violation of section eleven hundred nine-
37 ty-two of this chapter, any violation of subdivision one or two of
38 section six hundred of this chapter, or any felony involving the use of
39 a [commercial] motor vehicle pursuant to paragraph (a) of subdivision
40 one of this section, or has been convicted of operating a commercial
41 motor vehicle when, as a result of prior violations committed while
42 operating a commercial motor vehicle, the driver's commercial driver's
43 license is revoked, suspended, or canceled, or the driver is disquali-
44 fied from operating a commercial motor vehicle, or has been convicted of
45 causing a fatality through the negligent operation of a commercial motor
46 vehicle, including but not limited to the crimes of vehicular
47 manslaughter or criminally negligent homicide, then such commercial
48 driver's license revocation shall be permanent.
49 (b) Where revocation is mandatory pursuant to paragraph (a) of subdi-
50 vision one of this section and the commercial motor vehicle was trans-
51 porting hazardous materials, no new commercial driver's license shall be
52 issued for at least three years nor thereafter except in the discretion
53 of the commissioner, except that if such person has previously been
54 found to have refused a chemical test pursuant to section eleven hundred
55 ninety-four of this chapter [while operating a commercial motor vehicle]
56 or has a prior conviction of any of the following offenses [while oper-
S. 994 137 A. 1924
1 ating a commercial motor vehicle]: any violation of section eleven
2 hundred ninety-two of this chapter, any violation of subdivision one or
3 two of section six hundred of this chapter, or any felony involving the
4 use of a [commercial] motor vehicle pursuant to paragraph (a) of subdi-
5 vision one of this section, or been convicted of operating a commercial
6 motor vehicle when, as a result of prior violations committed while
7 operating a commercial motor vehicle the driver's commercial driver's
8 license is revoked, suspended, or canceled, or the driver is disquali-
9 fied from operating a commercial motor vehicle, or has been convicted of
10 causing a fatality through the negligent operation of a commercial motor
11 vehicle, including but not limited to the crimes of vehicular
12 manslaughter or criminally negligent homicide, then such commercial
13 driver's license revocation shall be permanent.
14 (c) The permanent commercial driver's license revocation required by
15 paragraphs (a) and (b) of this subdivision may be waived by the commis-
16 sioner after a period of ten years has expired from such sentence
17 provided:
18 (i) that during such ten year period such person has not been found to
19 have refused a chemical test pursuant to section eleven hundred ninety-
20 four of this chapter [while operating a commercial motor vehicle] and
21 has not been convicted of any one of the following offenses [while oper-
22 ating a commercial motor vehicle]: any violation of section eleven
23 hundred ninety-two of this chapter, any violation of subdivision one or
24 two of section six hundred of this chapter, or any felony involving the
25 use of a [commercial] motor vehicle pursuant to paragraph (a) of subdi-
26 vision one of this section, or has been convicted of operating a commer-
27 cial motor vehicle when, as a result of prior violations committed while
28 operating a commercial motor vehicle, the driver's commercial driver's
29 license is revoked, suspended, or canceled, or the driver is disquali-
30 fied from operating a commercial motor vehicle; or has been convicted of
31 causing a fatality through the negligent operation of a commercial motor
32 vehicle, including but not limited to the crimes of vehicular
33 manslaughter or criminally negligent homicide;
34 (ii) if any of the grounds upon which the permanent commercial driv-
35 er's license revocation is based involved a finding of refusal to submit
36 to a chemical test pursuant to section eleven hundred ninety-four of
37 this chapter or a conviction of a violation of any subdivision of
38 section eleven hundred ninety-two of this chapter, that such person
39 provides acceptable documentation to the commissioner that such person
40 has enrolled in and successfully completed an appropriate rehabilitation
41 program; and
42 (iii) after such documentation, if required, is accepted, that such
43 person is granted a certificate of relief from disabilities as provided
44 for in section seven hundred one of the correction law by the court in
45 which such person was last penalized.
46 (d) Upon a third finding of refusal and/or conviction of any of the
47 offenses which require a permanent commercial driver's license revoca-
48 tion, such permanent revocation may not be waived by the commissioner
49 under any circumstances.
50 (e) Where revocation is mandatory pursuant to paragraph (b) of subdi-
51 vision one of this section such revocation shall be permanent and may
52 not be waived by the commissioner under any circumstances.
53 § 14. Subdivision 4 of section 510-a of the vehicle and traffic law,
54 as added by chapter 173 of the laws of 1990, is amended and a new subdi-
55 vision 4-a is added to read as follows:
S. 994 138 A. 1924
1 4. Serious traffic violations. (a) A serious traffic violation shall
2 mean operating a commercial motor vehicle in violation of any provision
3 of this chapter or the laws of any other state, the District of Columbia
4 or any Canadian province which (i) limits the speed of motor vehicles,
5 provided the violation involved fifteen or more miles per hour over the
6 established speed limit; (ii) is defined as reckless driving by state or
7 local law or regulation; (iii) prohibits improper or erratic lane
8 change; (iv) prohibits following too closely; [or] (v) relates to motor
9 vehicle traffic (other than parking, standing or stopping) and which
10 arises in connection with a fatal accident; (vi) operating a commercial
11 motor vehicle without first obtaining a commercial driver's license as
12 required by section five hundred one of this title; (vii) operating a
13 commercial motor vehicle without a commercial driver's license in the
14 driver's possession; or (viii) operating a commercial motor vehicle
15 without the proper class of commercial driver's license and/or endorse-
16 ment for the specific vehicle being operated or for the passengers or
17 type of cargo being transported.
18 (b) Whether any specific violation which occurs without this state is
19 a serious violation shall be dependent upon whether the state or prov-
20 ince in which the violation occurs, reports such violation to the
21 commissioner as, or deems it to be, a serious traffic violation under
22 the provisions of the federal commercial motor vehicle safety act of
23 nineteen hundred eighty-six, public law 99-570, title XII or the motor
24 carrier safety improvement act of 1999, public law 106-159 and regu-
25 lations promulgated thereunder.
26 4-a. Dismissal. The court shall dismiss any charge of operating a
27 commercial motor vehicle without a commercial driver's license in the
28 driver's possession if, between the date the driver is charged with such
29 violation and the appearance date for such violation, the driver
30 supplies the court with proof that he or she held a valid commercial
31 driver's license on the date of such violation. Such driver must also
32 supply such proof to the law enforcement authority that issued the cita-
33 tion, prior to such driver's appearance in court.
34 § 15. Subdivision 5 of section 530 of the vehicle and traffic law, as
35 amended by chapter 81 of the laws of 1995, is amended to read as
36 follows:
37 (5) A restricted use license or privilege shall be valid for the oper-
38 ation of any motor vehicle, except [a commercial motor vehicle or] a
39 vehicle for hire as a taxicab, livery, coach, limousine, van or wheel-
40 chair accessible van or tow truck as defined in this chapter subject to
41 the conditions set forth herein, which the holder would otherwise be
42 entitled to operate had his drivers license or privilege not been
43 suspended or revoked. Notwithstanding anything to the contrary in a
44 certificate of relief from disabilities issued pursuant to article twen-
45 ty-three of the correction law, a restricted use license shall not be
46 valid for the operation of a commercial motor vehicle. A restricted use
47 license shall not be valid for the operation of a vehicle for hire as a
48 taxicab, livery, coach, limousine, van or wheelchair accessible van or
49 tow truck where the holder thereof had his or her drivers license
50 suspended or revoked and (i) such suspension or revocation is mandatory
51 pursuant to the provisions of subdivision two or two-a of section five
52 hundred ten of this [chapter] title; or (ii) any such suspension is
53 permissive for habitual or persistent violations of this chapter or any
54 local law relating to traffic as set forth in paragraph [(d)] d or [(i)]
55 i of subdivision three of section five hundred ten of this [chapter]
56 title; or (iii) any such suspension is permissive and has been imposed
S. 994 139 A. 1924
1 by a magistrate, justice or judge of any city, town or village, any
2 supreme court justice, any county judge, or judge of a district court.
3 [The] Except for a commercial motor vehicle as defined in subdivision
4 four of section five hundred one-a of this title, the restrictions on
5 types of vehicles which may be operated with a restricted license
6 contained in this subdivision shall not be applicable to a restricted
7 license issued to a person whose license has been suspended pursuant to
8 paragraph three of subdivision four-e of section five hundred ten of
9 this chapter.
10 § 16. Subparagraph 5 of paragraph (b) of subdivision 2 of section 1193
11 of the vehicle and traffic law, as amended by chapter 173 of the laws of
12 1990, is amended to read as follows:
13 (5) [Commercial motor vehicles] Holder of a commercial driver's
14 license. (i) Except as otherwise provided in this subparagraph, one year
15 where the holder is convicted of a violation of any subdivision of
16 section eleven hundred ninety-two of this article[, such violation was
17 committed while the holder was operating a commercial motor vehicle] and
18 the holder is sentenced pursuant to subparagraph two of paragraph (d) of
19 subdivision one of this section.
20 (ii) Three years, where the holder is convicted of a violation of any
21 subdivision of section eleven hundred ninety-two of this article, such
22 violation was committed while the holder was operating a commercial
23 motor vehicle transporting hazardous materials and the holder is
24 sentenced pursuant to subparagraph two of paragraph (d) of subdivision
25 one of this section.
26 § 17. Clause b of subparagraph 3 of paragraph (e) of subdivision 2 of
27 section 1193 of the vehicle and traffic law, as amended by chapter 173
28 of the laws of 1990, is amended to read as follows:
29 b. Any person who holds a commercial driver's license and is convicted
30 of a violation of any subdivision of section eleven hundred ninety-two
31 of this article [while operating a commercial motor vehicle] who has had
32 a prior finding of refusal to submit to a chemical test pursuant to
33 section eleven hundred ninety-four of this article [while operating a
34 commercial motor vehicle] or has had a prior conviction of any of the
35 following offenses [while operating a commercial motor vehicle]: any
36 violation of section eleven hundred ninety-two of this article; any
37 violation of subdivision one or two of section six hundred of this chap-
38 ter; or has a prior conviction of any felony involving the use of a
39 [commercial] motor vehicle pursuant to paragraph (a) of subdivision one
40 of section five hundred ten-a of this chapter, shall be permanently
41 disqualified from operating a commercial motor vehicle. The commissioner
42 may waive such disqualification and prohibition hereinbefore provided
43 after a period of ten years has expired from such sentence provided:
44 (i) that during such ten year period such person has not been found to
45 have refused a chemical test pursuant to section eleven hundred ninety-
46 four of this article while operating a [commercial] motor vehicle and
47 has not been convicted of any one of the following offenses while oper-
48 ating a [commercial] motor vehicle: any violation of section eleven
49 hundred ninety-two of this article; any violation of subdivision one or
50 two of section six hundred of this chapter; or has a prior conviction of
51 any felony involving the use of a [commercial] motor vehicle pursuant to
52 paragraph (a) of subdivision one of section five hundred ten-a of this
53 chapter;
54 (ii) that such person provides acceptable documentation to the commis-
55 sioner that such person is not in need of alcohol or drug treatment or
56 has satisfactorily completed a prescribed course of such treatment; and
S. 994 140 A. 1924
1 (iii) after such documentation is accepted, that such person is grant-
2 ed a certificate of relief from disabilities as provided for in section
3 seven hundred one of the correction law by the court in which such
4 person was last penalized pursuant to paragraph (d) of subdivision one
5 of this section.
6 § 18. Clause c of subparagraph 1 of paragraph (d) of subdivision 2 of
7 section 1194 of the vehicle and traffic law, as added by chapter 173 of
8 the laws of 1990, is amended to read as follows:
9 c. Any commercial driver's license which has been revoked pursuant to
10 paragraph (c) of this subdivision based upon a finding of refusal to
11 submit to a chemical test [while operating a commercial motor vehicle]
12 shall not be restored for at least one year after such revocation, nor
13 thereafter, except in the discretion of the commissioner, but shall not
14 be restored for at least three years after such revocation, nor there-
15 after, except in the discretion of the commissioner, [when the] if the
16 holder of such license was operating a commercial motor vehicle [was]
17 transporting hazardous materials at the time of such refusal. However,
18 such person shall be permanently disqualified from operating a commer-
19 cial motor vehicle in any case where the holder has a prior finding of
20 refusal to submit to a chemical test pursuant to this section [while
21 operating a commercial motor vehicle] or has a prior conviction of any
22 of the following offenses [while operating a commercial motor vehicle]:
23 any violation of section eleven hundred ninety-two of this article; any
24 violation of subdivision one or two of section six hundred of this chap-
25 ter; or has a prior conviction of any felony involving the use of a
26 [commercial] motor vehicle pursuant to paragraph (a) of subdivision one
27 of section five hundred ten-a of this chapter. Provided that the commis-
28 sioner may waive such permanent revocation after a period of ten years
29 has expired from such revocation provided:
30 (i) that during such ten year period such person has not been found to
31 have refused a chemical test pursuant to this section [while operating a
32 commercial motor vehicle] and has not been convicted of any one of the
33 following offenses [while operating a commercial motor vehicle]: any
34 violation of section eleven hundred ninety-two of this article; refusal
35 to submit to a chemical test pursuant to this section; any violation of
36 subdivision one or two of section six hundred of this chapter; or has a
37 prior conviction of any felony involving the use of a [commercial] motor
38 vehicle pursuant to paragraph (a) of subdivision one of section five
39 hundred ten-a of this chapter;
40 (ii) that such person provides acceptable documentation to the commis-
41 sioner that such person is not in need of alcohol or drug treatment or
42 has satisfactorily completed a prescribed course of such treatment; and
43 (iii) after such documentation is accepted, that such person is grant-
44 ed a certificate of relief from disabilities as provided for in section
45 seven hundred one of the correction law by the court in which such
46 person was last penalized.
47 § 19. Paragraph (g) of subdivision 7 of section 1196 of the vehicle
48 and traffic law, as amended by chapter 571 of the laws of 1993, is
49 amended to read as follows:
50 (g) [Any] Notwithstanding anything to the contrary contained in a
51 certificate of relief from disabilities issued pursuant to article twen-
52 ty-three of the correction law, any conditional license or privilege
53 issued to a person convicted of a violation of any subdivision of
54 section eleven hundred ninety-two of this article shall not be valid for
55 the operation of any commercial motor vehicle [or]. In addition, no such
S. 994 141 A. 1924
1 conditional license or privilege shall be valid for the operation of a
2 taxicab as defined in this chapter.
3 § 20. Subdivision 19 of section 246 of chapter 81 of the laws of 1995,
4 amending the vehicle and traffic law and other laws relating to the
5 enforcement of support through the suspension of driving privileges, as
6 amended by chapter 87 of the laws of 2003, is amended to read as
7 follows:
8 19. Sections two hundred one, two hundred eight, two hundred eleven,
9 two hundred thirteen, two hundred fifteen and two hundred sixteen of
10 this act shall expire and be deemed repealed on June 30, [2005] 2007.
11 § 21. This act shall take effect immediately; provided, however, that
12 section twenty of this act shall be deemed to have been in full force
13 and effect on and after April 1, 2005; provided further that sections
14 two, five, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven-
15 teen, eighteen and nineteen of this act shall take effect September 30,
16 2005; and provided further that the amendments to subdivision 5 of
17 section 530 of the vehicle and traffic law made by section fifteen of
18 this act shall not affect the expiration of such subdivision and shall
19 be deemed to expire therewith.
20 PART G
21 Section 1. Subdivision 4 of section 81 of the alcoholic beverage
22 control law, as added by chapter 320 of the laws of 2004, is amended to
23 read as follows:
24 4. A restaurant licensed to sell wine under this section may permit a
25 patron to remove one unsealed bottle of wine for off-premises consump-
26 tion provided that the patron has purchased a full course meal and
27 consumed a portion of the bottle of wine with such meal on the restau-
28 rant premises. For the purposes of this subdivision the term "full
29 course meal" shall mean a diversified selection of food which is ordi-
30 narily consumed with the use of tableware and cannot conveniently be
31 consumed while standing or walking. A partially consumed bottle of wine
32 that is to be removed from the premises pursuant to this subdivision
33 shall be securely sealed by the licensee or an agent of the licensee
34 prior to removal from the premises, in a bag such that it is visibly
35 apparent that such resealed bottle of wine has not been tampered with.
36 Such licensee or agent of the licensee shall provide a dated receipt for
37 the bottle of wine to the patron. [Wine which is resealed in accordance
38 with the provisions of this subdivision shall not be deemed an open
39 container for purposes of section twelve hundred twenty-seven of the
40 vehicle and traffic law.]
41 § 2. Subdivision 3 of section 1227 of the vehicle and traffic law is
42 REPEALED.
43 § 3. Subdivision 1 of section 1227 of the vehicle and traffic law, as
44 amended by chapter 140 of the laws of 2000, is amended to read as
45 follows:
46 1. The drinking of alcoholic beverages, or the possession of an open
47 container containing an alcoholic beverage, in a motor vehicle located
48 upon the public highways or right-of-way public highway is prohibited.
49 Any operator or passenger violating this section shall be guilty of a
50 traffic infraction.
51 The provisions of this section shall not be deemed to prohibit the
52 drinking of alcoholic beverages or the possession of an open container
53 containing an alcoholic beverage by passengers in passenger vehicles
54 operated pursuant to a certificate or permit issued by the department of
S. 994 142 A. 1924
1 transportation or the United States department of transportation.
2 Furthermore, the provisions of this section shall not be deemed to
3 prohibit the possession of wine which is: (a) resealed in accordance
4 with the provisions of subdivision four of section eighty-one of the
5 alcoholic beverage control law; and (b) is transported in the vehicle's
6 trunk or is transported behind the last upright seat or in an area not
7 normally occupied by the driver or passenger in a motor vehicle that is
8 not equipped with a trunk.
9 § 4. This act shall take effect immediately.
10 PART H
11 Section 1. Paragraph (b) of subdivision 1 of section 385 of the
12 public authorities law, as amended by section 1 of part K of chapter 61
13 of the laws of 2000, is amended to read as follows:
14 (b) The authority is hereby authorized, as additional corporate
15 purposes thereof solely upon the request of the director of the budget:
16 (i) to issue special emergency highway and bridge trust fund bonds and
17 notes for a term not to exceed thirty years and to incur obligations
18 secured by the moneys appropriated from the dedicated highway and bridge
19 trust fund established in section eighty-nine-b of the state finance
20 law; (ii) to make available the proceeds in accordance with instructions
21 provided by the director of the budget from the sale of such special
22 emergency highway and bridge trust fund bonds, notes or other obli-
23 gations, net of all costs to the authority in connection therewith, for
24 the purposes of financing all or a portion of the costs of activities
25 for which moneys in the dedicated highway and bridge trust fund estab-
26 lished in section eighty-nine-b of the state finance law are authorized
27 to be utilized or for the financing of disbursements made by the state
28 for the activities authorized pursuant to section eighty-nine-b of the
29 state finance law; and (iii) to enter into agreements with the commis-
30 sioner of transportation pursuant to section ten-e of the highway law
31 with respect to financing for any activities authorized pursuant to
32 section eighty-nine-b of the state finance law, or agreements with the
33 commissioner of transportation pursuant to sections ten-f and ten-g of
34 the highway law in connection with activities on state highways pursuant
35 to these sections, and (iv) to enter into service contracts, contracts,
36 agreements, deeds and leases with the director of the budget or the
37 commissioner of transportation and project sponsors and others to
38 provide for the financing by the authority of activities authorized
39 pursuant to section eighty-nine-b of the state finance law, and each of
40 the director of the budget and the commissioner of transportation are
41 hereby authorized to enter into service contracts, contracts, agree-
42 ments, deeds and leases with the authority, project sponsors or others
43 to provide for such financing. The authority shall not issue any bonds
44 or notes in an amount in excess of [$10.25] $16 billion, plus a princi-
45 pal amount of bonds or notes: (A) to fund capital reserve funds; (B) to
46 provide capitalized interest; and, (C) to fund other costs of issuance.
47 In computing for the purposes of this subdivision, the aggregate amount
48 of indebtedness evidenced by bonds and notes of the authority issued
49 pursuant to this section, as amended by a chapter of the laws of nine-
50 teen hundred ninety-six, there shall be excluded the amount of bonds or
51 notes issued that would constitute interest under the United States
52 Internal Revenue Code of 1986, as amended, and the amount of indebt-
53 edness issued to refund or otherwise repay bonds or notes.
S. 994 143 A. 1924
1 § 2. This act shall take effect immediately and shall be deemed to
2 have been in full force and effect on and after April 1, 2005.
3 PART I
4 Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
5 relating to providing for mass transportation payments, is amended to
6 read as follows:
7 [§] Section 1. Notwithstanding any other law, rule or regulation to
8 the contrary, payment of mass transportation operating assistance pursu-
9 ant to section 18-b of the transportation law shall be subject to the
10 provisions contained herein and the amounts made available therefor by
11 appropriation.
12 In establishing service and usage formulas for distribution of mass
13 transportation operating assistance, the commissioner of transportation
14 may combine and/or take into consideration those formulas used to
15 distribute mass transportation operating assistance payments authorized
16 by separate appropriations in order to facilitate program administration
17 and to ensure an orderly distribution of such funds.
18 To improve the predictability in the level of funding for those
19 systems receiving operating assistance payments under service and usage
20 formulas, the commissioner of transportation is authorized with the
21 approval of the director of the budget, to provide service payments
22 based on service and usage statistics of the preceding year.
23 In the case of a service payment made, pursuant to section 18-b of the
24 transportation law, to a regional transportation authority on account of
25 mass transportation services provided to more than one county (consider-
26 ing the city of New York to be one county), the respective shares of the
27 matching payments required to be made by a county to any such authority
28 shall be as follows:
29 Percentage of matching payment required to be provided:
30 Percentage
31 of Matching
32 Local Jurisdiction Payment
33 --------------------------------------------
34 In the Metropolitan Commuter
35 Transportation District:
36 New York City ................ 6.40
37 Dutchess ..................... 1.30
38 Nassau ....................... 39.60
39 Orange ....................... 0.50
40 Putnam ....................... 1.30
41 Rockland ..................... 0.10
42 Suffolk ...................... 25.70
43 Westchester .................. 25.10
44 In the Capital District Trans-
45 portation District:
46 Albany ....................... 56.10
47 Rensselaer ................... 23.30
48 Saratoga ..................... 4.10
49 Schenectady .................. 16.50
50 In the Central New York Re-
51 gional Transportation Dis-
52 trict:
53 Cayuga ....................... 6.10
S. 994 144 A. 1924
1 Onondaga ..................... 90.50
2 Oswego ....................... 3.40
3 In the Rochester-Genesee Re-
4 gional Transportation Dis-
5 trict:
6 Genesee ...................... [1.45] 1.43
7 Livingston ................... [0.95] 0.94
8 Monroe ....................... [96.00] 94.58
9 Wayne ........................ [1.05] 1.03
10 Wyoming ...................... [0.55] 0.54
11 Seneca ....................... 0.67
12 Orleans ...................... 0.81
13 In the Niagara Frontier Trans-
14 portation District: Erie ......................... 89.20
15 Niagara ...................... 10.80
16 Notwithstanding any other inconsistent provisions of section 18-b of
17 the transportation law or any other law, any moneys provided to a public
18 benefit corporation constituting a transportation authority or to other
19 public transportation systems in payment of state operating assistance
20 or such lesser amount as the authority or public transportation system
21 shall make application for, shall be paid by the commissioner of trans-
22 portation to such authority or public transportation system in lieu, and
23 in full satisfaction, of any amounts which the authority would otherwise
24 be entitled to receive under section 18-b of the transportation law.
25 Notwithstanding the reporting date provision of section 17-a of the
26 transportation law, the reports of each regional transportation authori-
27 ty and other major public transportation systems receiving mass trans-
28 portation operating assistance shall be submitted on or before July 15
29 of each year in the format prescribed by the commissioner of transporta-
30 tion. Copies of such reports shall also be filed with the chairpersons
31 of the senate finance committee and the assembly ways and means commit-
32 tee and the director of the budget. The commissioner of transportation
33 may withhold future state operating assistance payments to public trans-
34 portation systems or private operators that do not provide such reports.
35 Payments may be made in quarterly installments as provided in subdivi-
36 sion 2 of section 18-b of the transportation law or in such other manner
37 and at such other times as the commissioner of transportation, with the
38 approval of the director of the budget, may provide; and where payment
39 is not made in the manner provided by such subdivision 2, the matching
40 payments required of any city, county, Indian tribe or intercity bus
41 company shall be made within 30 days of the payment of state operating
42 assistance pursuant to this section or on such other basis as may be
43 agreed upon by the commissioner of transportation, the director of the
44 budget, and the chief executive officer of such city, county, Indian
45 tribe or intercity bus company.
46 The commissioner of transportation shall be required to annually eval-
47 uate the operating and financial performance of each major public trans-
48 portation system. Where the commissioner's evaluation process has iden-
49 tified a problem related to system performance, the commissioner may
50 request the system to develop plans to address the performance deficien-
51 cies. The commissioner of transportation may withhold future state oper-
52 ating assistance payments to public transportation systems or private
53 operators that do not provide such operating, financial, or other infor-
54 mation as may be required by the commissioner to conduct the evaluation
55 process.
S. 994 145 A. 1924
1 Payments shall be made contingent upon compliance with regulations
2 deemed necessary and appropriate, as prescribed by the commissioner of
3 transportation and approved by the director of the budget, which shall
4 promote the economy, efficiency, utility, effectiveness, and coordinated
5 service delivery of public transportation systems. The chief executive
6 officer of each public transportation system receiving a payment shall
7 certify to the commissioner of transportation, in addition to informa-
8 tion required by section 18-b of the transportation law, such other
9 information as the commissioner of transportation shall determine is
10 necessary to determine compliance and carry out the purposes herein.
11 Counties, municipalities or Indian tribes that propose to allocate
12 service payments to operators on a basis other than the amount earned by
13 the service payment formula shall be required to describe the proposed
14 method of distributing governmental operating aid and submit it one
15 month prior to the start of the operator's fiscal year to the commis-
16 sioner of transportation in writing for review and approval prior to the
17 distribution of state aid. The commissioner of transportation shall only
18 approve alternate distribution methods which are consistent with the
19 transportation needs of the people to be served and ensure that the
20 system of private operators does not exceed established maximum service
21 payment limits. Copies of such approvals shall be submitted to the
22 chairpersons of the senate finance and assembly ways and means commit-
23 tees.
24 Notwithstanding the provisions of subdivision 4 of section 18-b of the
25 transportation law, the commissioner of transportation is authorized to
26 continue to use prior quarter statistics to determine current quarter
27 payment amounts, as initiated in the April to June quarter of 1981. In
28 the event that actual revenue passengers and actual total number of
29 vehicle, nautical or car miles are not available for the preceding quar-
30 ter, estimated statistics may be used as the basis of payment upon
31 approval by the commissioner of transportation. In such event, the
32 succeeding payment shall be adjusted to reflect the difference between
33 the actual and estimated total number of revenue passengers and vehicle,
34 nautical or car miles used as the basis of the estimated payment. The
35 chief executive officer may apply for less aid than the system is eligi-
36 ble to receive. Each quarterly payment shall be attributable to operat-
37 ing expenses incurred during the quarter in which it is received, unless
38 otherwise specified by such commissioner. In the event that a public
39 transportation system ceases to participate in the program, operating
40 assistance due for the final quarter that service is provided shall be
41 based upon the actual total number of revenue passengers and the actual
42 total number of vehicle, nautical or car miles carried during that quar-
43 ter.
44 Payments shall be contingent on compliance with audit requirements
45 determined by the commissioner of transportation.
46 In the event that an audit of a public transportation system or
47 private operator receiving funds discloses the existence of an overpay-
48 ment of state operating assistance, regardless of whether such an over-
49 payment results from an audit of revenue passengers and the actual
50 number of revenue vehicle miles statistics, or an audit of private oper-
51 ators in cases where more than a reasonable return based on equity or
52 operating revenues and expenses has resulted, the commissioner of trans-
53 portation, in addition to recovering the amount of state operating
54 assistance overpaid, shall also recover interest, as defined by the
55 department of taxation and finance, on the amount of the overpayment.
S. 994 146 A. 1924
1 Notwithstanding any other law, rule or regulation to the contrary,
2 whenever the commissioner of transportation is notified by the comp-
3 troller that the amount of revenues available for payment from an
4 account is less than the total amount of money for which the public mass
5 transportation systems are eligible pursuant to the provisions of
6 section 88-a of the state finance law and any appropriations enacted for
7 these purposes, the commissioner of transportation shall establish a
8 maximum payment limit which is proportionally lower than the amounts set
9 forth in appropriations.
10 Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
11 of the state finance law and any other general or special law, payments
12 may be made in quarterly installments or in such other manner and at
13 such other times as the commissioner of transportation, with the
14 approval of the director of the budget may prescribe.
15 § 2. This act shall take effect immediately and shall be deemed to
16 have been in full force and effect on and after April 1, 2005.
17 PART J
18 Section 1. The penal law is amended by adding a new section 240.38 to
19 read as follows:
20 § 240.38 Aggravated loitering in a transportation facility.
21 A person is guilty of aggravated loitering in a transportation facili-
22 ty when he or she loiters or remains in any transportation facility, for
23 the purpose of soliciting or engaging in commercial transactions involv-
24 ing the unauthorized sale of fare media or other access to or use of the
25 facilities, conveyances or services within the transportation facility.
26 For the purposes of this section, "unauthorized sale" means any sale of
27 fare media not specifically authorized by the originating transportation
28 entity; "fare media" means the various instruments issued in connection
29 with public passenger transportation to use for the payment of fare,
30 including, but not limited to, tokens, passes, farecards, transfers,
31 tickets, and vouchers.
32 Aggravated loitering in a transportation facility is a class A misde-
33 meanor.
34 § 2. This act shall take effect on the ninetieth day after it shall
35 have become a law.
36 PART K
37 Section 1. Paragraphs (a), (b) and (c) of subdivision 2 of section 202
38 of the vehicle and traffic law, as amended by section 1 of part U1 of
39 chapter 62 of the laws of 2003, are amended to read as follows:
40 (a) The fee for a search which is made manually by the department
41 shall be [six] ten dollars.
42 (b) The fee for a search which is made by direct entry by a requester
43 who has been approved for such entry by the commissioner shall be [five]
44 seven dollars.
45 (c) The fee for a search which is made by means of an electronic medi-
46 um which has been prepared by a requester who has been approved for such
47 service by the commissioner and which is processed by the department
48 shall be [five] seven dollars.
49 § 2. Section 2 of part U1 of chapter 62 of the laws of 2003, amending
50 the general business law and other laws relating to implementing the
51 state fiscal plan for the 2003-2004 state fiscal year, is amended to
52 read as follows:
S. 994 147 A. 1924
1 § 2. Notwithstanding any other law, rule or regulation to the contra-
2 ry, all receipts collected by the commissioner of motor vehicles after
3 March 31, [2003] 2004 pursuant to section 202 of the vehicle and traffic
4 law are to be deposited to the credit of the dedicated highway and
5 bridge trust fund, with the exception of the [one dollar per search
6 increase collected pursuant to section one of this act, which are to be
7 deposited to the credit of the general fund from April 1, 2003 to March
8 31, 2004 and to the credit of the dedicated highway and bridge trust
9 fund from April 1, 2004 and thereafter] four dollar increase in the fee
10 collected for a search made manually pursuant to paragraph (a) of subdi-
11 vision 2 of section 202 of the vehicle and traffic law, the two dollar
12 increase in the fee for a search made by direct entry collected pursuant
13 to paragraph (b) of subdivision 2 of section 202 of the vehicle and
14 traffic law and the two dollar increase in the fee for a search made by
15 means of an electronic medium collected pursuant to paragraph (c) of
16 subdivision 2 of section 202 of the vehicle and traffic law which shall
17 be deposited in the dedicated highway and bridge trust fund established
18 pursuant to section 89-b of the state finance law and the dedicated mass
19 transportation fund established pursuant to section 89-c of the state
20 finance law and distributed according to the provisions of subdivision
21 (d) of section 301-j of the tax law.
22 § 3. Paragraph (e) of subdivision 1 of section 318 of the vehicle and
23 traffic law, as added by chapter 781 of the laws of 1983, is amended to
24 read as follows:
25 (e) Suspension need not be made under this subdivision upon the basis
26 of a lapse or termination of insurance if the period of time during
27 which the motor vehicle remained both registered and uninsured was not
28 more than [fifteen] five days. The commissioner shall promulgate regu-
29 lations governing the conditions under which suspension action may be
30 withheld pursuant to this paragraph.
31 § 4. Paragraph (b) of subdivision 1-a of section 318 of the vehicle
32 and traffic law, as amended by chapter 13 of the laws of 1998, is
33 amended to read as follows:
34 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
35 sion, an order of suspension issued pursuant to paragraph (a) or (e) of
36 this subdivision may be terminated if the registrant pays to the commis-
37 sioner a civil penalty in the amount of eight dollars for each day up to
38 ninety days for which financial security was not in effect; provided,
39 however, if financial security was not in effect for more than ninety
40 days up to one hundred eighty days, the registrant shall pay to the
41 commissioner a civil penalty in the amount of twelve dollars for each
42 day for which financial security was not in effect. Of each eight
43 dollar penalty, six dollars will be deposited in the general fund and
44 two dollars in the miscellaneous special revenue fund - compulsory
45 insurance account. Of each twelve dollar penalty collected, the full
46 amount shall be deposited in the dedicated highway and bridge trust fund
47 established pursuant to section eighty-nine-b of the state finance law
48 and the dedicated mass transportation fund established pursuant to
49 section eighty-nine-c of the state finance law and distributed according
50 to the provisions of subdivision (d) of section three hundred one-j of
51 the tax law. The foregoing provision shall apply only once during any
52 thirty-six month period and only if the registrant surrendered the
53 certificate of registration and number plates to the commissioner not
54 more than [ninety] one hundred eighty days from the date of termination
55 of financial security or submits to the commissioner new proof of finan-
S. 994 148 A. 1924
1 cial security which took effect not more than [ninety] one hundred
2 eighty days from the termination of financial security.
3 § 5. Paragraph a of subdivision 6 of section 401 of the vehicle and
4 traffic law, as amended by section 74 of part A of chapter 56 of the
5 laws of 1998, is amended to read as follows:
6 a. The following fees shall be paid to the commissioner, or agent,
7 upon the registration or reregistration of a motor vehicle, including a
8 suburban, and including a truck with a cargo bed and side walls commonly
9 known as a pick up truck, which is required to be registered under this
10 subdivision in accordance with regulations promulgated by the commis-
11 sioner, in accordance with the provisions of this article:
12 If such motor vehicle, fully equipped, weighs thirty-five hundred
13 pounds or less, [sixty-four and one-half] eighty-six cents for each one
14 hundred pounds or major fraction thereof; if such motor vehicle, fully
15 equipped, weighs more than thirty-five hundred but not more than forty-
16 five hundred pounds, [sixty-four and one-half] one dollar and five cents
17 for each one hundred pounds [up to thirty-five hundred pounds, and nine-
18 ty-seven cents for each hundred pounds], or major fraction thereof[, in
19 excess of thirty-five hundred pounds]; if such motor vehicle, fully
20 equipped weighs more than forty-five hundred pounds, one dollar and
21 thirty cents for each hundred pounds, or major fraction thereof;
22 provided, however, that, except as provided in paragraph i of this
23 subdivision, the total fees for the registration or reregistration of
24 any passenger motor vehicle propelled by electricity shall be [twelve]
25 sixteen dollars and [ninety-four] eighteen cents, of a six, eight, or
26 twelve cylinder motor vehicle shall be not less than [twelve] sixteen
27 dollars and [ninety-four] eighteen cents, and of any other motor vehicle
28 not less than [ten] twelve dollars and [thirty-five] ninety-four cents;
29 and provided further that for motor vehicles described in subdivision
30 seven of this section, the fee for such registration shall be as therein
31 prescribed. Provided further, however, that the maximum registration fee
32 under this paragraph shall not exceed [fifty-six] one hundred dollars
33 [and six cents] per registration year. For the purposes of this section
34 a "suburban" shall be a motor vehicle with a convertible or interchange-
35 able body or with removable seats, usable for both passenger and deliv-
36 ery purposes, and including motor vehicles, commonly known as station or
37 depot wagons. The manufacturer's weight of a motor vehicle shall be
38 accepted as the weight for the purpose of registration under this para-
39 graph.
40 § 6. Subdivision 6 of section 401 of the vehicle and traffic law is
41 amended by adding two new paragraphs h and i to read as follows:
42 h. In addition to the other fees provided for in this subdivision, the
43 commissioner shall, upon the application for the registration of a motor
44 vehicle or the renewal thereof, require the payment of an annual
45 surcharge of one hundred dollars for each vehicle weighing more than six
46 thousand fifty pounds.
47 i. The provisions of this article with respect to the payment of
48 registration fees shall not apply to a vehicle defined as an "electric
49 vehicle" or as a "qualified hybrid vehicle" pursuant to section one
50 hundred eighty-seven-b of the tax law.
51 § 7. Subdivision 7 of section 401 of the vehicle and traffic law, as
52 amended by chapter 55 of the laws of 1992, paragraph 2 of schedule E as
53 amended by chapter 642 of the laws of 1998, schedule G as amended by
54 chapter 710 of the laws of 2004, schedule H as amended by chapter 552 of
55 the laws of 1994 and schedules K and L as added by chapter 621 of the
56 laws of 1998, is amended to read as follows:
S. 994 149 A. 1924
1 7. Registration fees for auto trucks, tractors, buses, taxicabs,
2 livery and certain other motor vehicles. The registration fees to be
3 paid upon the registration or reregistration, in accordance with the
4 provisions of this article, of buses, of motor vehicles constructed or
5 specially equipped for the transportation of goods, wares and merchan-
6 dise, commonly known as auto trucks or light delivery cars, but exclud-
7 ing trucks commonly known as pick up trucks required to be registered
8 pursuant to subdivision six of this section, of taxicabs, livery and of
9 certain other motor vehicles specified herein are hereby established as
10 follows:
11 A. Schedule for buses.
12 For each such vehicle having a seating capacity for passengers of five
13 passengers or less, and meeting the requirements of subdivisions twenty
14 and twenty-one, notwithstanding the capacity limitation of subdivision
15 twenty-one, of section three hundred seventy-five of this chapter, the
16 annual fee of [seventeen] twenty-one dollars and [twenty-five] fifty-six
17 cents.
18 For each such vehicle having a seating capacity for passengers of not
19 less than six passengers, nor more than seven passengers, and meeting
20 the requirements of subdivisions twenty and twenty-one, notwithstanding
21 the capacity limitation of subdivision twenty-one, of section three
22 hundred seventy-five of this chapter, the annual fee of [twenty-eight]
23 thirty-five dollars and [eighteen] twenty-three cents.
24 For each such vehicle having a seating capacity for passengers of not
25 less than eight passengers, nor more than ten passengers, and meeting
26 the requirements of subdivisions twenty and twenty-one, notwithstanding
27 the capacity limitation of subdivision twenty-one, of section three
28 hundred seventy-five of this chapter, the annual fee of [thirty-five]
29 forty-three dollars and [eight] eighty-five cents.
30 For each such vehicle having a seating capacity for passengers of not
31 less than eleven passengers, nor more than fourteen passengers, and
32 meeting the requirements of subdivisions twenty and twenty-one, notwith-
33 standing the capacity limitation of subdivision twenty-one, of section
34 three hundred seventy-five of this chapter, the annual fee of [forty-
35 nine] sixty-one dollars and [forty-five] eighty-one cents.
36 For each such vehicle having a seating capacity for passengers of not
37 less than fifteen passengers, nor more than twenty passengers, the annu-
38 al fee of [fifty-nine] seventy-four dollars and [eighty] seventy-five
39 cents.
40 For each such vehicle having a seating capacity for passengers of not
41 less than twenty-one passengers, nor more than twenty-two passengers,
42 the annual fee of [sixty-three] seventy-nine dollars and [twenty-five]
43 six cents.
44 For each such vehicle having a seating capacity for passengers of not
45 less than twenty-three passengers, nor more than twenty-six passengers,
46 the annual fee of [seventy] eighty-eight dollars and [seventy-three]
47 forty-one cents.
48 For each such vehicle having a seating capacity for passengers of not
49 less than twenty-seven passengers, nor more than thirty passengers, the
50 annual fee of [seventy-seven] ninety-seven dollars and [sixty-three]
51 four cents.
52 For each such vehicle having a seating capacity for passengers in
53 excess of thirty passengers, the fee of [seventy-seven] ninety-seven
54 dollars and [sixty-three] four cents, and the additional fee of two
55 dollars and [thirty] eighty-eight cents for each passenger (measured by
56 seating capacity) in excess of thirty passengers.
S. 994 150 A. 1924
1 For the purposes of this schedule, the term "seating capacity for
2 passengers" shall exclude the driver.
3 The words "seating capacity for passengers", as used in this section,
4 shall mean seating capacity for adults. The commissioner shall have
5 authority to determine, for registration purposes, the manner of comput-
6 ing the seating capacity of any vehicle.
7 Provided, however, that in the case of a bus operated entirely by
8 electricity not generated by an engine contained therein the fees to be
9 paid upon registration or reregistration thereof shall be fifty per
10 centum in excess of the foregoing rates.
11 The foregoing schedules shall not apply to omnibuses operated pursuant
12 to a franchise or franchises over streets designated in said franchise
13 or franchises wholly within a city or cities, provided the holder of the
14 franchise or franchises pays for the same a percentage of its gross
15 earnings or gross receipts and for any such omnibus, without regard to
16 the seating capacity; nor shall the foregoing schedules apply to omni-
17 buses operated pursuant to a certificate of public convenience and
18 necessity granted under the transportation law and based upon the
19 consent of the local authorities of any city, town or village, other
20 than in the counties of Nassau, Suffolk and Westchester, as required by
21 the transportation corporations law or, in the county of Nassau, based
22 upon the consent of the board of supervisors of such county or of any
23 city or village therein, or of both such county and any city or village
24 therein or, in the counties of Suffolk and Westchester, based upon the
25 consent of the county board of legislators of such counties, as required
26 by chapter eight hundred seventy-nine of the laws of nineteen hundred
27 thirty-six, provided the holder of such local consent pays for the same
28 an annual fee to any such county, city, town or village, and for any
29 such omnibus, without regard to the seating capacity, the annual fee
30 shall be ten dollars. The foregoing schedules shall not apply to track-
31 less trolleys, but if such omnibus shall not be operated in local trans-
32 it service pursuant to a certificate of convenience and necessity issued
33 by the commissioner of transportation the foregoing schedule of fees
34 shall apply.
35 B. Schedule for tractors, auto trucks and light delivery cars.
36 1. For each auto truck or light delivery car, the annual fee of [two]
37 three dollars and [eighty-eight] sixty cents for each five hundred
38 pounds maximum gross weight or fraction thereof, except that the annual
39 fee for such motor vehicle operated entirely by electricity not gener-
40 ated by an engine contained therein shall, except as provided in para-
41 graph (i) of subdivision six of this section, be [four] five dollars and
42 [thirty-one] thirty-nine cents for each five hundred pounds maximum
43 gross weight or fraction thereof, but in computing the weight of such an
44 electric vehicle the weight of electric batteries shall be excluded and
45 except also that the annual fee for each auto truck having a maximum
46 gross weight in excess of eighteen thousand pounds used exclusively in
47 the transportation of household goods (as defined by the commissioner of
48 transportation of this state or the interstate commerce commission) by a
49 carrier under authority of the commissioner of transportation of this
50 state or of the interstate commerce commission shall be [seven] nine
51 dollars and [seventy-six] seventy cents for each five hundred pounds
52 maximum gross weight or fraction thereof. Provided however, that no
53 motor vehicle registered pursuant to this paragraph may be charged a
54 registration fee in excess of that charged for a motor vehicle regis-
55 tered with a maximum gross weight of eighty thousand pounds.
S. 994 151 A. 1924
1 2. For each tractor of any weight the annual fee of one dollar and
2 [twenty-one] fifty-one cents for each one hundred pounds, or major frac-
3 tion thereof, of maximum gross weight, except that the annual fee for
4 each tractor of any weight used exclusively in the transportation of
5 household goods (as defined by the commissioner of transportation of
6 this state or the interstate commerce commission) by a carrier under
7 authority of the commissioner of transportation of this state or of the
8 interstate commerce commission shall be [one dollar] two dollars and
9 [seventy-three] sixteen cents for each one hundred pounds, or major
10 fraction thereof, of maximum gross weight. Provided however, that no
11 motor vehicle registered pursuant to this paragraph may be charged a
12 registration fee in excess of that charged for a motor vehicle regis-
13 tered with a maximum gross weight of eighty thousand pounds.
14 3. For the purpose of this schedule, maximum gross weight of an auto
15 truck or light delivery car shall mean the weight of the motor vehicle
16 plus the weight of the maximum load to be carried by such motor vehicle
17 during the registration period. For the purposes of this schedule, maxi-
18 mum gross weight of a tractor shall be the weight of the tractor, plus
19 the unladen weight of any semitrailer drawn thereby, plus the weight of
20 the maximum load to be carried on the tractor and on any semitrailer
21 drawn by such tractor during the registration period, but shall not
22 include the weight or load of a semitrailer, used with a device for
23 converting it to a trailer, when being drawn by a tractor semitrailer
24 combination on the New York state thruway as part of a double tandem
25 combination. The weight of the motor vehicle and such maximum load as
26 stated on the application for registration shall be subject to audit and
27 approval by the commissioner of motor vehicles.
28 C. Schedule for taxicabs and livery. For each taxicab or livery having
29 a seating capacity for passengers, excluding the driver, of five persons
30 or less, the annual fee of [twenty-five] thirty-one dollars and [thirty]
31 sixty-three cents. For each such vehicle having a seating capacity for
32 passengers, excluding the driver, of not less than six persons, nor more
33 than seven persons, the annual fee of [forty-one] fifty-one dollars and
34 [forty] seventy-five cents. For each such vehicle having a seating
35 capacity for passengers, excluding the driver, of at least eight
36 persons, but not more than ten persons, the annual fee of [fifty-one]
37 sixty-four dollars and [seventy-five] sixty-nine cents. For each such
38 vehicle having a seating capacity for passengers, excluding the driver,
39 of at least eleven persons, but not more than fourteen persons, the
40 annual fee of [seventy-three] ninety-two dollars [and sixty cents]. Any
41 registration issued pursuant to this schedule shall be revoked upon
42 receipt by the commissioner of a notice of revocation of any license or
43 permit necessary for the issuance of such registration from the local
44 authority which issued such license or permit, or upon receipt of
45 evidence by the commissioner that the registrant has been convicted of a
46 violation of any local law requiring the issuance of a license or permit
47 in order to engage in for-hire operation. Provided, however, that upon
48 surrender to the commissioner of any such revoked registration and
49 number plates and upon payment of the proper registration fee, a regis-
50 tration may be issued for the vehicle for which such registration has
51 been revoked pursuant to the provisions of subdivision six of this
52 section.
53 D. Schedule for hearses, and certain ambulances. 1. For each hearse,
54 the annual fee of one dollar and [twenty-four] fifty-five cents for each
55 one hundred pounds, or major fraction thereof, of unladen weight.
S. 994 152 A. 1924
1 2. For each ambulance used in the business of carrying or transporting
2 sick or injured persons for hire or profit, the annual fee of one dollar
3 and [twenty-four] fifty-five cents for each one hundred pounds or major
4 fraction thereof, of unladen weight.
5 E. Schedule for agricultural trucks. 1. For each agricultural truck,
6 the annual fee of two dollars and [one cent] fifty-one cents for each
7 five hundred pounds maximum gross weight, or fraction thereof.
8 2. For the purposes of this schedule an "agricultural truck" shall be
9 a truck owned by a person engaged in production by means of (a) the
10 planting, cultivation and harvesting of agricultural, vegetable and food
11 products of the soil, including horticultural specialties such as nurs-
12 ery stock, ornamental shrubs, ornamental trees and flowers, (b) the
13 raising, feeding and care of live stock, bees and poultry or (c) dairy
14 farming. Such agricultural truck shall be used only for the transporta-
15 tion of his own agricultural or dairy commodities or supplies or for
16 personal passenger use, or use in conjunction with lumbering operations
17 connected with but only incidental to the operation of a farm.
18 3. A motor vehicle, registered as an "agricultural truck" under this
19 schedule, shall be operated on the public highways only for the purposes
20 set forth in paragraph two hereof.
21 4. An agricultural truck may be registered or reregistered for periods
22 of less than one calendar year upon application forms furnished by the
23 commissioner for such purpose, and the annual fees as provided in this
24 schedule shall be reduced proportionately on a monthly computation
25 basis.
26 F. Schedule for certain motor vehicles. (a) For each road roller,
27 tractor crane, truck crane, power shovel, road building machine, snow
28 plow, road sweeper, sand spreader, well driller, well servicing rig,
29 feed processing machine, mobile car crusher (whether self-propelled or a
30 combination used exclusively as one unit), earth mover, which shall mean
31 a motor-driven vehicle in excess of eight feet in width equipped with
32 pneumatic tires designed and constructed for moving or transporting
33 earth and rock in connection with excavation and grading work, and truck
34 with small wheels used in a factory, warehouse or railroad station, for
35 each spreader or sprayer (generally meaning an agricultural vehicle used
36 to spread or spray agricultural chemicals, agricultural lime and/or
37 agricultural fertilizers) and fire vehicles, an annual fee of [eleven]
38 fourteen dollars and [fifty] thirty-eight cents; provided, however, that
39 the provisions of paragraph b of subdivision six of this section relat-
40 ing to the exemption of certain motor vehicles from the payment of
41 registration fees thereon shall apply to the motor vehicles specified in
42 this schedule. A tractor-trailer combination designed and used as a unit
43 exclusively for the same purpose as a vehicle specifically included in
44 this schedule shall be considered as a single vehicle and registered as
45 a motor vehicle under this schedule rather than as a tractor and trailer
46 separately.
47 (b) As used in this schedule, the term "snow plow" shall not include
48 farm type tractors used exclusively for agricultural purposes, or for
49 snow plowing other than for hire, as defined in section one hundred
50 twenty-five of this chapter, when used for plowing or removing snow,
51 provided such plowing or snow removal is not done for hire.
52 No person shall operate or move, or cause or knowingly permit to be
53 operated or moved on any public highway in this state any auto truck,
54 agricultural truck or light delivery car, registered in this state,
55 having a combined weight of vehicle and load in excess of the maximum
56 gross weight for such vehicle as stated on the application for registra-
S. 994 153 A. 1924
1 tion. Such maximum gross weight cannot be more than the weight permitted
2 under section three hundred eighty-five of this chapter or the weight
3 permitted by the rules or regulations of the department of transporta-
4 tion of any city not wholly included within one county or under permits
5 that may be issued pursuant to such section, rules or regulations which-
6 ever is the least restrictive.
7 G. Schedule for historical motor vehicles. For each motor vehicle
8 which is owned and operated as an exhibition piece or collectors item,
9 and is used for participation in club activities, exhibit, tours,
10 parades, occasional transportation and similar uses, but not used for
11 general daily transportation, an annual fee of [twenty-three] twenty-
12 eight dollars and seventy-five cents. For purposes of this paragraph, a
13 historical motor vehicle shall mean any vehicle manufactured more than
14 twenty-five years prior to the current calendar year, and any other
15 model, year and type vehicle which has unique characteristics and which
16 is determined by the commissioner to be of historical, classic or exhi-
17 bition value. Registration plates for such vehicles shall be of a type
18 and design approved by the commissioner, but shall be of a distinctive
19 nature. Except that, with the approval of the commissioner, an owner of
20 any such vehicle may utilize registration plates issued in the year
21 corresponding to the model year date in which the vehicle was manufac-
22 tured, if the registration plate is legible, durable, and serviceable,
23 of this state, and accurate in color, as determined by the department.
24 Nothing in this paragraph shall be construed to prohibit the use of
25 previously issued registration plates that have been restored, without
26 deviation from their original alphanumeric or pictorial content, to such
27 condition as otherwise satisfies all applicable requirements. Such
28 plates shall be used only for the operation of the motor vehicle listed
29 on the registration application and on other motor vehicles which would
30 qualify for registration under this schedule owned by persons other than
31 the registrant for the purpose of test driving by the registrant or his
32 or her agent in anticipation of possible purchase. No such registration
33 will be issued unless evidence of financial security, in a form
34 prescribed by the commissioner, is submitted which provides coverage for
35 the motor vehicle listed on the registration application and for non-
36 owned motor vehicles being operated with such plates.
37 H. Schedule for tow trucks. For each tow truck registered pursuant to
38 section four hundred one-b of this article, the annual fee of [two]
39 three dollars and [eighty-eight] sixty cents for each five hundred
40 pounds maximum gross weight or fraction thereof. For the purposes of
41 this schedule, the maximum gross weight of a tow truck shall include the
42 weight of any vehicle transported wholly upon the tow truck, but shall
43 not include the weight of any vehicle transported partly upon the tow
44 truck and partly on its own wheels or a dolly.
45 I. Schedule for leased and rental vehicles. 1. The annual fee for each
46 leased vehicle and for each rental vehicle, other than a motorcycle or a
47 rental vehicle of the passenger vehicle or suburban type, shall be the
48 annual fee which would be required to be paid for such vehicle if it
49 were not a leased or rental vehicle.
50 2. For each rental vehicle of the passenger or suburban type having a
51 seating capacity for passengers, including the driver, of five persons
52 or less, the annual fee of [forty-two] fifty-three dollars and [fifty-
53 five] nineteen cents. For each such vehicle having a seating capacity
54 for passengers, including the driver, of not less than six persons, nor
55 more than seven persons, the annual fee of [fifty-nine] seventy-four
56 dollars and [eighty] seventy-five cents. For each such vehicle having a
S. 994 154 A. 1924
1 seating capacity for passengers, including the driver, of at least eight
2 persons, but not more than ten persons, the annual fee of [sixty-nine]
3 eighty-six dollars and twenty-five cents. For each such vehicle having
4 a seating capacity for passengers, including the driver, of at least
5 eleven persons, but not more than fifteen persons, the annual fee of
6 [ninety] one hundred thirteen dollars and [eighty-five] fifty-six cents.
7 J. Schedule for vanpool vehicles. The annual fee for each vanpool
8 vehicle shall be the annual fee which would be required to be paid for
9 such vehicle if it were not used for the purpose of vanpooling. Regis-
10 tration plates for such vehicles shall be of a type and design approved
11 by the commissioner, and shall include the word VANPOOL on the face of
12 the registration plate. Such plate shall be issued at the request of the
13 registrant upon proof, satisfactory to the commissioner, that the vehi-
14 cle is to be used for the purpose of vanpooling.
15 K. Schedule for heavy duty vehicles: Notwithstanding any inconsistent
16 provision of this section, the registration fee for any vehicle
17 described in this paragraph shall be increased by up to two and six-
18 tenths percent of such registration fee in effect on June first, nine-
19 teen hundred ninety-eight, to fund the direct and indirect costs of the
20 development and implementation of a heavy duty emissions inspection
21 program pursuant to section 19-0320 of the environmental conservation
22 law, including planning, development of regulations and guidance, state
23 implementation plan development, personnel costs attributable to the
24 program, and enforcement costs. Such fee is authorized to be collected,
25 commencing June first, nineteen hundred ninety-nine, at the time of
26 registration of any vehicle required to be registered in New York having
27 a gross vehicle weight of greater than eight thousand five hundred
28 pounds and powered by diesel fuels except for those vehicles defined in
29 section one hundred one, subparagraph two of paragraph E and subpara-
30 graph (a) of paragraph F of this subdivision, and vehicles specified in
31 subdivision thirteen of this section, and farm type tractors and all
32 terrain type vehicles used exclusively for agricultural or mowing
33 purposes, or for snow plowing, other than for hire, farm equipment,
34 including self-propelled machines used exclusively in growing, harvest-
35 ing or handling farm produce, and self-propelled caterpillar or crawl-
36 er-type equipment while being operated on the contract site, and timber
37 harvesting equipment such as harvesters, wood chippers, forwarders, log
38 skidders, and other processing equipment used exclusively off highway
39 for timber harvesting and logging purposes. Notwithstanding any
40 provision of law to the contrary, any fee amount collected pursuant to
41 this paragraph shall be deposited in the clean air fund, to the credit
42 of the mobile source account, in accordance with the provisions of
43 section ninety-seven-oo of the state finance law.
44 L. Notwithstanding the provisions of paragraph K of this subdivision,
45 no fee shall be charged upon the registration of any vehicle exempt from
46 the payment of registration fees under paragraph b of subdivision six of
47 this section.
48 § 8. Paragraph a of subdivision 8 of section 401 of the vehicle and
49 traffic law, as amended by chapter 55 of the laws of 1992, is amended to
50 read as follows:
51 a. The provisions of this chapter in relation to registration books
52 and registration, certificates of registration, number plates, dupli-
53 cates of certificates and number plates, times of registration and
54 reregistration and the duration thereof, for motor vehicles, shall apply
55 also to trailers. The following fees shall be paid upon the registration
56 or reregistration of a trailer, other than a coach or house trailer or a
S. 994 155 A. 1924
1 semitrailer, in accordance with the provisions of this article: The
2 annual fee of [four] five dollars and [thirty-one] thirty-nine cents for
3 each five hundred pounds or fraction thereof of maximum gross weight but
4 in no case shall the annual fee be less than [eleven] fourteen dollars
5 and [fifty] thirty-eight cents. The following fees shall be paid upon
6 the registration or reregistration of a coach or house trailer in
7 accordance with the provisions of this article: The annual fee of one
8 dollar and [thirty-eight] seventy-three cents for each one hundred
9 pounds or major fraction thereof of unladen weight but in no case shall
10 the annual fee be less than [seventeen] twenty-one dollars and [twenty-
11 five] fifty-six cents. The following fees shall be paid upon the regis-
12 tration or reregistration of a semitrailer in accordance with provisions
13 of this article: The annual fee of [twenty-three] twenty-eight dollars
14 and seventy-five cents. However, upon the request of the applicant upon
15 the registration or renewal of a registration of a nineteen hundred
16 eighty-nine or later model year semitrailer, such semitrailer may be
17 registered for a period of not less than five and one-half nor more than
18 six and one-half years for a fee of [sixty-nine] eighty-six dollars and
19 twenty-five cents. A semitrailer, used with any device for converting
20 it to a trailer, other than one being drawn by a tractor semitrailer
21 combination as part of a double tandem combination, shall be registered
22 as a trailer.
23 For the purposes of this paragraph, the unladen weight of a coach or
24 house trailer shall include the weight of any equipment permanently
25 attached to or installed in such trailer. Notwithstanding the foregoing
26 provisions and pursuant to regulations and limitations to be established
27 by the commissioner and upon payment of a fee of two dollars and thirty
28 cents therefor a temporary permit to move a coach or house trailer on
29 the public highways from one site to another shall be issued to the
30 owner thereof upon application therefor. Such application shall be made
31 in the manner prescribed by the commissioner.
32 § 9. Subdivision 21 of section 401 of the vehicle and traffic law, as
33 amended by section 9 of part EE of chapter 63 of the laws of 2000, is
34 amended to read as follows:
35 21. The commissioner shall deposit daily the percentages listed below
36 of all fees collected or received by the commissioner after March thir-
37 ty-first, nineteen hundred ninety-three pursuant to certain registration
38 fees imposed by (a) paragraph a of subdivision six, (b) all schedules of
39 subdivision seven and (c) paragraph a of subdivision eight of this
40 section in a responsible bank, banking house or trust company, which
41 shall pay the highest rate of interest to the state for such deposit to
42 the credit of the comptroller on account of the dedicated highway and
43 bridge trust fund established pursuant to section eighty-nine-b of the
44 state finance law. The commissioner shall so deposit thirteen percent of
45 all such registration fees so collected or so received after March thir-
46 ty-first, nineteen hundred ninety-three, seventeen percent of all such
47 registration fees so collected or so received after December thirty-
48 first, nineteen hundred ninety-four, twenty percent of all such regis-
49 tration fees so collected or so received after December thirty-first,
50 nineteen hundred ninety-five, twenty-eight percent of all such registra-
51 tion fees so collected or so received after March thirty-first, nineteen
52 hundred ninety-eight, thirty-four percent of all such registration fees
53 so collected or so received after June thirtieth, nineteen hundred nine-
54 ty-eight, and forty-five and five-tenths percent of all such registra-
55 tion fees so collected or so received after January thirty-first, nine-
56 teen hundred ninety-nine. Every bank, banking house or trust company
S. 994 156 A. 1924
1 that accepts such deposits shall execute and file in the office of the
2 department of audit and control an undertaking to the state, in the sum,
3 and with such sureties, as are required and approved by the comptroller
4 for the safe keeping and prompt payment on legal demand therefor of all
5 such moneys held by or on deposit in such bank, banking house, or trust
6 company, with interest thereon on daily balances at such rate as the
7 comptroller may fix. Every such undertaking shall have endorsed thereon
8 or annexed thereto the approval of the attorney general as to its form.
9 The commissioner shall deposit daily the percentages listed below of
10 all fees collected or received by the commissioner after March thirty-
11 first, two thousand one pursuant to certain registration fees imposed by
12 (a) paragraph a of subdivision six, (b) all schedules of subdivision
13 seven, and (c) paragraph a of subdivision eight of this section in a
14 responsible bank, banking house or trust company, which shall pay the
15 highest rate of interest to the state for such deposit to the credit of
16 the comptroller on account of the dedicated highway and bridge trust
17 fund established pursuant to section eighty-nine-b of the state finance
18 law and the dedicated mass transportation trust fund established pursu-
19 ant to section eighty-nine-c of the state finance law and to distribute
20 such deposit pursuant to the provisions of subdivision (d) of section
21 three hundred one-j of the tax law. In addition to the percentages spec-
22 ified in the opening paragraph of this subdivision, the commissioner
23 shall so deposit twenty-three and five-tenths percent of all such regis-
24 tration fees so collected or so received after March thirty-first, two
25 thousand one and fifty-four and five-tenths percent of all such regis-
26 tration fees so collected or so received after March thirty-first, two
27 thousand two. Every bank, banking house or trust company that accepts
28 such deposits shall execute and file in the office of the department of
29 audit and control an undertaking to the state, in the sum, and with such
30 sureties, as are required and approved by the comptroller for the safe
31 keeping and prompt payment on legal demand therefor of all such moneys
32 held by or in deposit in such bank, banking house or trust company, with
33 interest thereon on daily balances at such rate as the comptroller may
34 fix. Every such undertaking shall have endorsed thereon or annexed ther-
35 eto the approval of the attorney general as to its form.
36 The commissioner shall deposit daily the percentages listed below of
37 all fees collected or received by the commissioner after January first,
38 two thousand six pursuant to certain registration fees imposed by (a)
39 paragraph a of subdivision six, (b) all schedules of subdivision seven,
40 and (c) paragraph a of subdivision eight of this section in a responsi-
41 ble bank, banking house or trust company, which shall pay the highest
42 rate of interest to the state for such deposit to the credit of the
43 comptroller on account of the dedicated highway and bridge trust fund
44 established pursuant to section eighty-nine-b of the state finance law
45 and the dedicated mass transportation trust fund established pursuant to
46 section eighty-nine-c of the state finance law and to distribute such
47 deposit pursuant to the provisions of subdivision (d) of section three
48 hundred one-j of the tax law. In addition to the percentages specified
49 in the opening and second paragraphs of this subdivision, the commis-
50 sioner shall so deposit seventy-five percent of all such registration
51 fees imposed by paragraph a of subdivision six of this section and twen-
52 ty-five percent of all such fees imposed by all schedules of subdivision
53 seven and paragraph a of subdivision eight of this section. Every bank,
54 banking house or trust company that accepts such deposits shall execute
55 and file in the office of the department of audit and control an under-
56 taking to the state, in the sum, and with such sureties, as are required
S. 994 157 A. 1924
1 and approved by the comptroller for the safe keeping and prompt payment
2 on legal demand therefor of all such moneys held by or in deposit in
3 such bank, banking house or trust company, with interest thereon on
4 daily balances at such rate as the comptroller may fix. Every such
5 undertaking shall have endorsed thereon or annexed thereto the approval
6 of the attorney general as to its form.
7 Of the revenues so deposited, the comptroller shall retain in his
8 hands such amount as the commissioner may determine to be necessary for
9 refunds or reimbursements of the fees collected or received pursuant to
10 (a) paragraph a of subdivision six, (b) all schedules of subdivision
11 seven and (c) paragraph a of subdivision eight of this section to which
12 registrants shall be entitled under the provisions of this article, out
13 of which amount the commissioner shall pay any refunds or reimbursements
14 of the fees collected or received pursuant to (a) paragraph a of subdi-
15 vision six, (b) all schedules of subdivision seven and (c) paragraph a
16 of subdivision eight of this section to which registrants shall be enti-
17 tled under such provisions. The comptroller, after reserving the amount
18 to pay such refunds or reimbursements, shall, on or before the last day
19 of each month, deposit the balance of the revenue so deposited during
20 such month into the dedicated highway and bridge trust fund established
21 pursuant to section eighty-nine-b of the state finance law and the dedi-
22 cated mass transportation trust fund established pursuant to section
23 eighty-nine-c of the state finance law.
24 § 10. Subdivision 6 of section 415 of the vehicle and traffic law, as
25 amended by section 5 of part U1 of chapter 62 of the laws of 2003, is
26 amended to read as follows:
27 6. Fees. Every original application for registration as a dealer or
28 transporter shall be accompanied by an application fee of [twenty-five]
29 thirty-seven dollars and fifty cents, which shall in no event be
30 refunded. The annual fee for registration as a dealer or transporter or
31 for renewal thereof shall be [one hundred fifty] two hundred twenty-five
32 dollars. The annual fee for any other registration under this section
33 shall be fifty dollars. However, the commissioner may, in his
34 discretion, issue a renewal of either registration for a period of two
35 years. The fee for a two-year renewal shall be twice the annual fee. The
36 annual fee for dealer or transporter number plates shall be twenty
37 dollars for each set. If the commissioner issues to dealers a document
38 which is required to be used by a dealer to sell or transfer a vehicle,
39 the fee for the issuance of each such document shall be five dollars.
40 There shall be no refund of registration fee or fees for number plates
41 in the event of suspension, revocation or voluntary cancellation of
42 registration. The fee for any such transfer document issued by the
43 commissioner shall be refunded only upon the surrender of such document
44 upon voluntary cancellation of registration.
45 § 11. Subdivision 6-a of section 415 of the vehicle and traffic law,
46 as amended by section 5 of part U1 of chapter 62 of the laws of 2003, is
47 amended to read as follows:
48 6-a. Fees; deposited. Fees assessed under this section shall be paid
49 to the commissioner for deposit to the general fund, with the exception
50 of the four dollar increase in the fee for issuance of a document to be
51 used by a dealer to sell or transfer a vehicle collected pursuant to
52 subdivision six of this section, which shall be deposited to the general
53 fund through March thirty-first, two thousand four and from April first,
54 two thousand four and thereafter to the dedicated highway and bridge
55 trust fund; and with the exception of the twelve dollar and fifty cent
56 increase in the fee for original application for registration as a deal-
S. 994 158 A. 1924
1 er or transporter pursuant to subdivision six of this section and the
2 seventy-five dollar increase in the annual fee for registration as a
3 dealer or transporter or for renewal pursuant to subdivision six of this
4 section, which shall be deposited to the dedicated highway and bridge
5 trust fund established pursuant to section eighty-nine-b of the state
6 finance law and the dedicated mass transportation fund established
7 pursuant to section eighty-nine-c of the state finance law and distrib-
8 uted according to the provisions of subdivision (d) of section three
9 hundred one-j of the tax law.
10 § 12. Section 13 of part U1 of chapter 62 of the laws of 2003, amend-
11 ing the general business law and other laws relating to implementing the
12 state fiscal plan for the 2003-2004 state fiscal year, is amended to
13 read as follows:
14 § 13. This act shall take effect immediately; provided however that
15 [sections one through nine of this act shall expire and be deemed
16 repealed on March 31, 2006; provided further, however, that] the
17 provisions of section eleven of this act shall take effect April 1, 2004
18 [and shall expire and be deemed repealed on March 31, 2006].
19 § 13. Section 2 of part B of chapter 84 of the laws of 2002, amending
20 the state finance law relating to costs of the department of motor vehi-
21 cles, as amended by section 12 of part U1 of chapter 62 of the laws of
22 2003, is amended to read as follows:
23 § 2. This act shall take effect April 1, 2002; provided, however, if
24 this act shall become a law after such date it shall take effect imme-
25 diately and shall be deemed to have been in full force and effect on and
26 after April 1, 2002[; provided further, however, that this act shall
27 expire and be deemed repealed on March 31, 2006].
28 § 14. Subdivision 2 of section 420-a of the vehicle and traffic law,
29 as added by chapter 695 of the laws of 1983, is amended to read as
30 follows:
31 2. A qualified dealer may obtain temporary registrations to be issued
32 in accordance with the provisions of this section by applying to the
33 commissioner and paying a fee of [two] five dollars for each such tempo-
34 rary registration. The commissioner may limit the number of temporary
35 registrations given to a dealer at any one time or the number of unis-
36 sued temporary registrations in the possession of a dealer at one time.
37 § 15. Section 420-a of the vehicle and traffic law is amended by
38 adding new subdivision 11 to read as follows:
39 11. Fees; deposited. Fees assessed under this section shall be paid to
40 the commissioner for deposit to the general fund, with the exception of
41 the three dollar increase in the fee for issuance of temporary registra-
42 tions pursuant to subdivision two of this section, which shall be depos-
43 ited to the dedicated highway and bridge trust fund established pursuant
44 to section eighty-nine-b of the state finance law and the dedicated mass
45 transportation fund established pursuant to section eighty-nine-c of the
46 state finance law and distributed according to the provisions of subdi-
47 vision (d) of section three hundred one-j of the tax law.
48 § 16. Subdivision 1 of section 430 of the vehicle and traffic law, as
49 amended by chapter 61 of the laws of 1989, is amended to read as
50 follows:
51 1. Whenever a motor vehicle for which a notice of acquisition is
52 required to be filed pursuant to section four hundred twenty-nine of
53 this article is to be registered for use on the public highway, the
54 person holding the proof of ownership for such vehicle must surrender
55 such proof of ownership and make application for a certificate of title.
56 Except as otherwise provided herein, the commissioner shall require the
S. 994 159 A. 1924
1 physical examination of any such vehicle by a designated employee of the
2 department before a title will be issued. Upon a request made with such
3 an application for title, the commissioner may issue a temporary permit
4 which shall be valid for the operation of such vehicle upon the public
5 highways of this state, in accordance with regulations promulgated by
6 the commissioner, from the date of its issuance until five days after
7 the scheduled date of the examination for such vehicle, including the
8 transportation of the motor vehicle to and from the physical examination
9 site, provided the application is accompanied by proof of inspection and
10 evidence of insurance coverage satisfactory to the commissioner. Upon
11 such examination for identification, the employee making such examina-
12 tion shall, in accordance with regulations promulgated by the commis-
13 sioner, determine whether a special vehicle identification number shall
14 be issued for such vehicle. A fee of one hundred fifty dollars shall be
15 paid to the commissioner before such examination shall be scheduled or
16 made. Such fee shall be forfeited if the motor vehicle is not presented
17 for examination as scheduled unless the appointment for such examination
18 has been cancelled or postponed in accordance with regulations promul-
19 gated by the commissioner. If a special vehicle identification number is
20 issued after such examination, no additional fee shall be required for
21 such issuance.
22 § 17. Section 430 of the vehicle and traffic law is amended by adding
23 a new subdivision 4 to read as follows:
24 4. Fees; deposited. Fees assessed under this section shall be paid to
25 the commissioner for deposit to the general fund, with the exception of
26 the fifty dollar increase in the fee for scheduling an examination
27 pursuant to subdivision one of this section, which shall be deposited to
28 the dedicated highway and bridge trust fund established pursuant to
29 section eighty-nine-b of the state finance law and the dedicated mass
30 transportation fund established pursuant to section eighty-nine-c of the
31 state finance law and distributed according to the provisions of subdi-
32 vision (d) of section three hundred one-j of the tax law.
33 § 18. Paragraph (f) of subdivision 2 of section 503 of the vehicle and
34 traffic law, as amended by chapter 55 of the laws of 1992, is amended to
35 read as follows:
36 (f) Photo image fee. In addition to any other fee prescribed herein, a
37 fee of ten dollars shall be charged for the processing of each learner
38 permit or license document requiring a photo image. [Such fee shall not
39 exceed the cost of providing the photo image rounded to the next highest
40 twenty-five cents.] Of each such fee collected, five dollars shall be
41 deposited to the credit of the general fund and five dollars shall be
42 deposited in the dedicated highway and bridge trust fund established
43 pursuant to section eighty-nine-b of the state finance law and the dedi-
44 cated mass transportation fund established pursuant to section eighty-
45 nine-c of the state finance law and distributed according to the
46 provisions of subdivision (d) of section three hundred one-j of the tax
47 law.
48 § 19. Paragraph 1 of subdivision (a) of section 2125 of the vehicle
49 and traffic law, as amended by section 6 of part U1 of chapter 62 of the
50 laws of 2003, is amended to read as follows:
51 (1) for filing an application for a certificate of title, [ten] fifty
52 dollars except where the application relates to a mobile home or a manu-
53 factured home as defined in section one hundred twenty-two-c of this
54 chapter, in which case the fee shall be one hundred twenty-five dollars;
S. 994 160 A. 1924
1 § 20. Paragraph 3 of subdivision (a) of section 2125 of the vehicle
2 and traffic law, as added by chapter 61 of the laws of 1989, is amended
3 to read as follows:
4 (3) for a duplicate certificate of title, [ten] twenty dollars.
5 § 21. Subdivision (g) of section 2125 of the vehicle and traffic law,
6 as added by section 6 of part U1 of chapter 62 of the laws of 2003, is
7 amended to read as follows:
8 (g) Fees assessed for filing an application for a certificate of title
9 shall be deposited to the credit of the [general fund, with the excep-
10 tion of the five dollar per application increase collected pursuant to
11 paragraph one of subdivision (a) of this section, which shall be depos-
12 ited in the general fund through March thirty-first, two thousand four
13 and from April first, two thousand four and thereafter shall be deposit-
14 ed to the credit of the] dedicated highway and bridge trust fund with
15 the exception of the forty dollar increase in the application for an
16 original title for vehicles other than a mobile or manufactured home and
17 the one hundred dollar increase in the application for an original title
18 for a mobile or manufactured home collected pursuant to paragraph one of
19 subdivision (a) of this section, and the ten dollar increase in the fee
20 for a duplicate certificate of title collected pursuant to paragraph
21 three of subdivision (a) of this section which shall be deposited in the
22 dedicated highway and bridge trust fund established pursuant to section
23 eighty-nine-b of the state finance law and the dedicated mass transpor-
24 tation fund established pursuant to section eighty-nine-c of the state
25 finance law and distributed according to the provisions of subdivision
26 (d) of section three hundred one-j of the tax law.
27 § 22. Section 11 of part EE of chapter 63 of the laws of 2000, amend-
28 ing the tax law and other laws relating to modifying the distribution of
29 funds from the motor fuel excise tax, is amended to read as follows:
30 § 11. Notwithstanding any other law, rule or regulation to the contra-
31 ry, the comptroller is hereby authorized and directed to deposit in
32 equal monthly installments and distribute pursuant to the provisions of
33 subdivision (d) of section 301-j of the tax law amounts listed below to
34 the credit of the dedicated highway and bridge trust fund and the dedi-
35 cated mass transportation trust fund from taxes now deposited into the
36 general fund pursuant to provisions of the vehicle and traffic law:
37 twenty-eight million four hundred thousand dollars from April 1, 2002
38 through March 31, 2003, sixty-seven million nine hundred thousand
39 dollars from April 1, 2003 through March 31, 2004, [and] one hundred
40 seventy million one hundred thousand dollars from April 1, 2004 through
41 March 31, 2005, and one hundred percent of all taxes pursuant to
42 provisions of the vehicle and traffic law that are not otherwise
43 directed to be deposited in a fund other than the general fund from
44 April 1, 2005 through March 31, 2006, and the same amount each year
45 thereafter.
46 § 23. This act shall take effect immediately; provided that sections
47 one, two, three, four, five, six, seven, eight, nine, eighteen, nine-
48 teen, twenty and twenty-one of this act shall take effect January 1,
49 2006 and sections ten, fourteen, fifteen, sixteen, seventeen and twen-
50 ty-two of this act shall take effect October 1, 2005; provided, however,
51 that:
52 (a) the amendments to paragraphs (a), (b) and (c) of subdivision 2 of
53 section 202 of the vehicle and traffic law made by section one of this
54 act shall not affect the expiration of such paragraphs and shall be
55 deemed to expire therewith;
S. 994 161 A. 1924
1 (b) the amendments to subdivisions 1 and 1-a of section 318 of the
2 vehicle and traffic law made by sections three and four of this act
3 shall not affect the expiration and repeal of such subdivisions and
4 shall be deemed to expire and be deemed repealed therewith;
5 (c) the amendments to subdivisions 6 and 6-a of section 415 of the
6 vehicle and traffic law made by sections ten and eleven of this act
7 shall not affect the repeal of such subdivisions and shall be deemed
8 repealed therewith;
9 (d) the amendments to paragraph 1 of subdivision (a) of section 2125
10 of vehicle and traffic law made by section nineteen of this act shall
11 not affect the repeal of such paragraph and shall be deemed repealed
12 therewith; and
13 (e) the amendments to subdivision (g) of section 2125 of the vehicle
14 and traffic law made by section twenty-one of this act shall not affect
15 the repeal of such subdivision and shall be deemed repealed therewith.
16 PART L
17 Section 1. Legislative intent. It is desirable to authorize the
18 department of transportation and the thruway authority to deliver a
19 limited number of projects through the use of design-build. Design-build
20 project delivery is a proven method for the delivery of transportation
21 projects. The federal government has authorized the use of design-build
22 for federal-aid transportation projects and over thirty other states
23 have authorized design-build contracts. The use of design-build could
24 result in faster, less-costly project delivery. Although design-bid-
25 build will remain the most appropriate method to deliver most transpor-
26 tation projects, this act will allow the department of transportation
27 and the thruway authority to evaluate the most appropriate use of
28 design-build through a pilot program.
29 § 2. The highway law is amended by adding a new section 38-a to read
30 as follows:
31 § 38-a. Design-build delivery. Notwithstanding the provisions of
32 section thirty-eight of this article, section one hundred thirty-six-a
33 of the state finance law, sections sixty-five hundred twelve and seven-
34 ty-two hundred ten of the education law, and the provisions of any other
35 law to the contrary:
36 1. The commissioner, in accordance with the provisions of this
37 section, is authorized to contract for the design and construction of
38 highways, structures, or appurtenant facilities with a single entity
39 (which may be a team comprised of separate entities) for a maximum of
40 twelve capital transportation projects designated by the commissioner at
41 the discretion of the commissioner. Contracts entered into pursuant to
42 the provisions of this section shall be referred to as "design-build
43 contracts".
44 2. An entity selected by the department to enter into a design-build
45 contract shall be selected through a two-step method, as follows:
46 (a) Step one. Generation of a list of entities that have demonstrated
47 the general capability to perform the design-build contract. Such list
48 shall consist of a specified number of entities, as determined by the
49 commissioner, and shall be generated based upon the department's review
50 of responses to a publicly advertised request for qualifications. The
51 department's request for qualifications shall include a general
52 description of the project, the maximum number of entities to be
53 included on the list, and the selection criteria to be used in generat-
54 ing the list. Such selection criteria shall include the qualifications
S. 994 162 A. 1924
1 and experience of the design and construction team, organization, demon-
2 strated responsibility, ability of the team or of a member or members of
3 the team to comply with applicable requirements, including the
4 provisions of articles one hundred forty-five, one hundred forty-seven
5 and one hundred forty-eight of the education law, past record of compli-
6 ance with the labor law, and such other qualifications the commissioner
7 deems appropriate which may include but are not limited to project
8 understanding, financial capability and/or record of performance. The
9 department shall evaluate and rate all entities responding to the
10 request for qualifications. Based upon such ratings, the department
11 shall list the entities that shall receive a request for proposals in
12 accordance with paragraph (b) of this subdivision.
13 (b) Step two. Selection of the proposal which is the best value to the
14 state. The department shall issue a request for proposals to the enti-
15 ties listed pursuant to paragraph (a) of this subdivision. If such an
16 entity consists of a team of separate entities, the entities that
17 comprise such a team must remain unchanged from the entity as listed
18 pursuant to paragraph (a) of this subdivision unless otherwise approved
19 by the department. The request for proposals shall set forth the
20 project's scope of work, and other requirements, as determined by the
21 commissioner. The request for proposals shall specify the criteria to be
22 used to evaluate the responses. Such criteria shall include the
23 proposal's cost, the quality of the proposal's solution, the qualifica-
24 tions and experience of the design and construction team, and other
25 factors deemed pertinent by the department, which may include, but shall
26 not be limited to, the proposal's project implementation, ability to
27 complete the work in a timely and satisfactory manner, maintainability
28 of the completed project, maintenance of traffic approach, and community
29 impact. Any contract awarded pursuant to this section shall be awarded
30 to a responsible entity that submits the proposal, which, in consider-
31 ation of these and other specified criteria deemed pertinent to the
32 project, offers the best value to the state, as determined by the
33 commissioner.
34 3. All financial information, trade secrets or other information
35 customarily regarded as confidential business information that are iden-
36 tified as such information at the time of submission to the department
37 as part of a respondent's response to the solicitations or requests made
38 by the department pursuant to subdivision two of this section shall not
39 be subject to disclosure under article six of the public officers law.
40 4. Any contract entered into pursuant to this section shall include a
41 clause requiring that any professional services regulated by articles
42 one hundred forty-five, one hundred forty-seven and one hundred forty-
43 eight of the education law shall be performed by a professional licensed
44 in accordance with such articles.
45 5. Construction for each project undertaken by the commissioner pursu-
46 ant to this section shall be deemed a "public work" to be performed in
47 accordance with the provisions of article eight of the labor law, and
48 subject to enforcement of prevailing wage requirements by the New York
49 state department of labor.
50 6. Each contract entered into by the commissioner pursuant to this
51 section shall comply with the objectives and goals of minority and
52 women-owned business enterprises pursuant to article fifteen-A of the
53 executive law and, for projects receiving federal aid, shall comply with
54 applicable federal requirements for disadvantaged business enterprises.
55 7. Projects undertaken by the commissioner pursuant to this section
56 shall be subject to the requirements of article eight of the environ-
S. 994 163 A. 1924
1 mental conservation law, and, where applicable, the requirements of the
2 national environmental policy act.
3 8. The department is authorized, at the discretion of the commissioner
4 and subject to the approval of the division of the budget, to pay a
5 stipend to increase competition and to compensate unsuccessful respond-
6 ents for a portion of the costs incurred in preparing proposals which
7 are responsive, as determined by the commissioner, to a request for
8 proposals issued pursuant to paragraph (b) of subdivision two of this
9 section. No stipend paid pursuant to this subdivision shall exceed three
10 tenths of one percent of the department's estimated contract value.
11 § 3. The public authorities law is amended by adding a new section
12 359-b to read as follows:
13 § 359-b. Design-build delivery. Notwithstanding any other provisions
14 of law to the contrary: 1. The authority, in accordance with the
15 provisions of this section, is authorized to contract for the design and
16 construction of highways, structures, or appurtenant facilities with a
17 single entity (which may be a team comprised of separate entities) for a
18 maximum of five capital transportation projects designated by the
19 authority, at the discretion of the authority. Contracts entered into
20 pursuant to the provisions of this section shall be referred to as
21 "design-build contracts".
22 2. An entity selected by the authority to deliver a project through a
23 design-build procedure shall be selected through a two-step method, as
24 follows:
25 (a) Step one. Generation of a list of entities that have demonstrated
26 the general capability to perform the design-build contract. Such list
27 shall consist of a specified number of entities, as determined by the
28 authority, and shall be generated based upon the authority's review of
29 responses to a publicly advertised request for qualifications. The
30 request for qualifications shall include a general description of the
31 project, the maximum number of entities to be included on the list, and
32 the selection criteria to be used in generating the list. Such selection
33 criteria shall include the qualifications and experience of the design
34 and construction team, organization, demonstrated responsibility, abili-
35 ty of the team or of a member or members of the team to comply with
36 applicable requirements, including the provisions of articles one
37 hundred forty-five, one hundred forty-seven and one hundred forty-eight
38 of the education law, past record of compliance with the labor law, and
39 such other qualifications the authority deems appropriate which may
40 include, but are not limited to project understanding, financial capaci-
41 ty and/or record of performance. The authority shall evaluate and rate
42 all entities responding to the request for qualifications. Based upon
43 such ratings, the authority shall list the entities that shall receive a
44 request for proposals in accordance with paragraph (b) of this subdivi-
45 sion.
46 (b) Step two. Selection of the proposal which is the best value to the
47 authority. The authority shall issue a request for proposals to the
48 entities listed pursuant to paragraph (a) of this subdivision. If such
49 an entity consists of a team of separate entities, the entities that
50 comprise such a team must remain unchanged from the entity as listed
51 pursuant to paragraph (a) of this subdivision unless otherwise approved
52 by the authority. The request for proposals shall set forth the
53 project's scope of work, and other requirements, as determined by the
54 authority. The request for proposals shall specify the criteria to be
55 used to evaluate the responses. Such criteria shall include the
56 proposal's cost, the quality of the proposal's solution, the qualifica-
S. 994 164 A. 1924
1 tions and experience of the design and construction team, and other
2 factors deemed pertinent by the authority, which may include, but shall
3 not be limited to, the proposal's project implementation, ability to
4 complete the work in a timely and satisfactory manner, maintainability
5 of the completed project, maintenance of traffic approach, and community
6 impact. Any contract awarded pursuant to this section shall be awarded
7 to a responsible entity that submits the proposal which, in consider-
8 ation of these and other specified criteria deemed pertinent to the
9 project, offers the best value to the authority.
10 3. All financial information, trade secrets or other information
11 customarily regarded as confidential business information that are iden-
12 tified as such information at the time of submission to the authority as
13 part of a respondent's response to the solicitations or requests made by
14 the authority pursuant to subdivision two of this section shall not be
15 subject to disclosure under article six of the public officers law.
16 4. Any contract entered into pursuant to this section shall include a
17 clause requiring that any professional services regulated by articles
18 one hundred forty-five, one hundred forty-seven and one hundred forty-
19 eight of the education law shall be performed by a professional licensed
20 in accordance with such articles.
21 5. Construction for each project undertaken by the authority pursuant
22 to this section shall be deemed a "public work" to be performed in
23 accordance with the provisions of article eight of the labor law, and
24 subject to enforcement of prevailing wage requirements by the New York
25 state department of labor.
26 6. Each contract entered into by the authority pursuant to this
27 section shall comply with the objectives and goals of minority and
28 women-owned business enterprises pursuant to article fifteen-A of the
29 executive law and, for projects receiving federal aid, shall comply with
30 applicable federal requirements for disadvantaged business enterprises.
31 7. Projects undertaken by the authority pursuant to this section shall
32 be subject to the requirements of article eight of the environmental
33 conservation law, and, where applicable, the requirements of the
34 national environmental policy act.
35 8. The authority is authorized, at the discretion of the authority, to
36 pay a stipend to increase competition and to compensate unsuccessful
37 respondents for a portion of the costs incurred in preparing proposals
38 which are responsive, as determined by the authority, to a request for
39 proposals issued pursuant to paragraph (b) of subdivision two of this
40 section. No stipend paid pursuant to this subdivision shall exceed
41 three-tenths of one percent of the authority's estimated contract value.
42 § 4. No later than 5 years after the effective date of this act, the
43 commissioner of transportation and the thruway authority shall prepare a
44 report to the governor and to the senate and assembly transportation
45 committees evaluating the use of the design-build process for highway
46 projects. Such report shall be prepared in consultation with represen-
47 tatives of the construction and design consultant professions, laborers
48 and others and may subsequently be supplemented in the same manner, as
49 deemed appropriate by the commissioner and the thruway authority.
50 § 5. This act shall take effect immediately and shall expire and be
51 deemed repealed 5 years after such date; provided, however, that such
52 repeal shall not be construed to affect the validity of the performance
53 of any contract executed by the department of transportation or by the
54 thruway authority pursuant to this act, prior to such repeal.
55 PART M
S. 994 165 A. 1924
1 Section 1. The transportation law is amended by adding a new article
2 22 to read as follows:
3 ARTICLE 22
4 TRANSPORTATION FACILITY DEVELOPMENT PARTNERSHIP PROGRAM
5 Section 500. Definitions.
6 501. Authority of the commissioner.
7 501-a. Transportation facilities and transportation services.
8 502. Consideration and solicitation of proposals.
9 503. Criteria for acceptance of proposals.
10 504. General provisions.
11 505. Agreements.
12 506. Condemnation and operation in the event of a material
13 default.
14 507. Confidentiality.
15 508. Severability clause.
16 § 500. Definitions. As used in this article, unless a different mean-
17 ing appears from the context, the terms:
18 1. "Private entity" means any natural person, association, corpo-
19 ration, limited liability company, partnership, firm, joint venture or
20 other private business entity.
21 2. "Public entity" means the state, any agency, public authority,
22 public benefit corporation, political subdivision of the state, the
23 federal government, or any other state, agency, public authority, poli-
24 tical subdivision or municipality thereof or other governmental entity.
25 3. "Transportation facilities" means transportation infrastructure and
26 related facilities or systems, including, but not limited to, highways,
27 railroads, airports, transit facilities, buses, ferries, bridges,
28 tunnels, tracks, vehicles, rolling stock, equipment, parking facilities,
29 transit stations, bus stations, intermodal centers, terminals, rest
30 areas, transportation management and information systems, intelligent
31 transportation systems, land use control and development, utility relo-
32 cation, and rights-of-way associated with each mode or facility.
33 4. "Transportation services" means any transportation services,
34 including, but not limited to, the provision of transportation facili-
35 ties for the movement of people, vehicles, goods or information on, by
36 or through the use of transportation facilities and shall include
37 services provided pursuant to joint service agreements.
38 5. "Transportation services agreement" shall mean any agreement
39 entered into by the commissioner pursuant to subdivision one of section
40 five hundred one of this section.
41 6. "Transportation services project" shall mean the planning, acquisi-
42 tion, design, construction, reconstruction, rehabilitation, establish-
43 ment, improvement, renovation, extension, repair, operation, mainte-
44 nance, development and/or financing of transportation facilities,
45 including, but not limited to, agreements relating to the distribution
46 of fare and toll payment media and electronic payment devices, and the
47 collection of fares, tolls and other charges, pursuant to a transporta-
48 tion services agreement.
49 § 501. Authority of the commissioner. Notwithstanding the provisions
50 of any law to the contrary, the commissioner is authorized to:
51 1. Enter into agreements, on such terms and conditions as the commis-
52 sioner deems appropriate and subject to the approval of the director of
53 the budget, with public or private entities to provide for, or in
54 support of, or associated with, the planning, acquisition, design,
55 construction, reconstruction, restoration, rehabilitation, establish-
56 ment, improvement, renovation, extension, repair, operation, mainte-
S. 994 166 A. 1924
1 nance, development and/or financing of transportation facilities,
2 including, but not limited to, agreements relating to the distribution
3 of fare and toll payment media and electronic payment devices, and the
4 collection of fares, tolls and other charges;
5 2. Accept any gifts or any appropriation or grant of funds or property
6 for the purposes of this article from any federal, state or other
7 governmental agency, person or entity and to comply with the terms and
8 conditions thereof;
9 3. Accept, pursuant to the terms of an agreement entered into pursuant
10 to subdivision one of this section or otherwise, property and transpor-
11 tation facilities to be maintained as part of the state's transportation
12 system. Any transportation facilities so acquired shall be deemed to
13 have been acquired by the commissioner pursuant to section thirty of the
14 highway law;
15 4. Utilize any of the powers or authority of the commissioner to
16 achieve the purposes of this article;
17 5. Impose fees for the reasonable costs of reviewing any proposal
18 submitted to the commissioner pursuant to this article;
19 6. Enter into agreements with any public entity for the financing by
20 such public entity of the provision of transportation facilities or
21 transportation services pursuant to this article;
22 7. Finance all or any part of the costs to the department or to any
23 public or private entity of any transportation services project, includ-
24 ing financing through or accompanied by one or more sales or leases of
25 such project or any part thereof by or to such entity and/or by or to
26 the department or through or accompanied by one or more leasebacks of
27 such project or any part thereof by or to such entity or by or to the
28 department;
29 8. Utilize the commissioner's eminent domain powers pursuant to the
30 highway law, on such terms and conditions as the commissioner deems
31 appropriate, to acquire property required for transportation facilities
32 that are the subject of agreements with the commissioner pursuant to
33 this section; and
34 9. Provide for the collection of user fees, tolls or other charges for
35 the use of transportation facilities or for the receipt of transporta-
36 tion services pursuant to this article; provided, however, that such
37 user fees, tolls or other charges may only be imposed in connection with
38 transportation facilities that are currently subject to user fees, tolls
39 or other charges, and/or transportation facilities which are newly
40 constructed or which are improved to increase capacity pursuant to an
41 agreement entered into pursuant to this article.
42 § 501-a. Transportation facilities and transportation services. Trans-
43 portation facilities and transportation services provided pursuant to
44 this article shall not be subject to the provisions of any local law or
45 land use review requirements.
46 § 502. Consideration and solicitation of proposals. Notwithstanding
47 any provision of law to the contrary, the commissioner is authorized to:
48 1. Accept, following compliance with the procedure set forth in this
49 section, proposals from public or private entities for the provision of
50 transportation services for a transportation facility to be acquired,
51 designed, constructed, improved, operated, maintained, developed and/or
52 financed pursuant to an agreement between the commissioner and such
53 entity.
54 (a) the commissioner is hereby authorized to accept unsolicited
55 proposals for the purposes of this article;
56 (b) an unsolicited proposal shall include, at a minimum:
S. 994 167 A. 1924
1 (1) a description of the proposed transportation services, including
2 the location of the transportation facility, the conceptual design of
3 such facility, the interconnection of such facility with other existing
4 or proposed transportation facilities and the benefits to this state of
5 the project;
6 (2) the projected total cost and sources of funding for the transpor-
7 tation facility and of the delivery of the transportation services
8 proposed;
9 (3) the proposed schedule and budget for the development and financing
10 of the proposed transportation facility;
11 (4) the means proposed for the procurement of the property interests
12 required for the proposed transportation facility and for the delivery
13 of the transportation services proposed;
14 (5) information relating to the consistency of the proposal with the
15 current transportation plans of the state and any affected local juris-
16 dictions;
17 (6) a list of permits and approvals required for the implementation of
18 the proposal and a schedule for the acquisition of such permits and
19 approvals from the appropriate local, state and federal agencies;
20 (7) a list of public utility facilities that would be crossed by the
21 proposed transportation facility and the plans for accommodating or
22 relocating such utilities;
23 (8) the plans for financing the development and operation of the
24 proposed transportation facility;
25 (9) the department's proposed role and responsibilities, including any
26 proposed financial assistance, in the development of the proposed trans-
27 portation facility and implementation of the proposed transportation
28 service; and
29 (10) the name and address of the proposer.
30 (c) after the receipt of an unsolicited proposal, the commissioner may
31 require such additional information from the proposer as the commission-
32 er deems pertinent to the consideration of the proposal; and
33 (d) after the receipt of an unsolicited proposal that the commissioner
34 finds:
35 (1) has fulfilled the requirements of paragraphs (b) and (c) of this
36 subdivision;
37 (2) has met the criteria enumerated in section five hundred three of
38 this article; and
39 (3) is consistent with the best interests of the state the commission-
40 er shall not accept a proposal without first advising the entity making
41 the proposal that the commissioner will prepare and issue a public
42 request for competing proposals. Such public request for competing
43 proposals shall:
44 (i) describe the unsolicited proposal in such a way that, in the
45 discretion of the commissioner, it fairly solicits competitive proposals
46 which would achieve the transportation benefit proposed by the unsolic-
47 ited proposal;
48 (ii) provide for a period, not to exceed sixty days, for the initial
49 submission of competing proposals; and
50 (iii) require that such competing proposals include the information
51 required for unsolicited proposals, as set forth in paragraphs (b) and
52 (c) of this subdivision.
53 After receiving any such competing proposals, the commissioner may allow
54 for the submission of additional information concerning the unsolicited
55 proposal or any competing proposal; and
S. 994 168 A. 1924
1 2. Publicly solicit proposals from public and/or private entities for
2 the provision of transportation services by a transportation facility to
3 be acquired, designed, constructed, restored, rehabilitated, estab-
4 lished, improved, renovated, extended, repaired, operated, maintained,
5 developed and/or financed pursuant to an agreement between the commis-
6 sioner and such an entity. Such solicitation shall include a request for
7 such information as the commissioner deems necessary to evaluate
8 responses to the solicitation including, at a minimum, the information
9 set forth in paragraph (b) of subdivision one of this section.
10 § 503. Criteria for acceptance of proposals. Notwithstanding any
11 provision of law to the contrary, the commissioner may enter into an
12 agreement with the public or private entity which, pursuant to section
13 five hundred two of this article, has submitted the unsolicited or
14 solicited proposal that best demonstrates the following:
15 1. a public need for the proposed transportation facility;
16 2. the proposed transportation facility and the scheduling of its
17 development and implementation and its connections to the existing
18 transportation system are compatible with the transportation plans of
19 the state and of any affected local jurisdictions;
20 3. the estimated cost of the proposed transportation facility and of
21 delivery of the transportation service is reasonable and the expenditure
22 of any applicable state or federal funds on the facility would provide a
23 reasonable transportation benefit, relative to the estimated cost;
24 4. the financing of the development, construction, and operation of
25 the proposed transportation facility is feasible; and
26 5. the proposal provides the best value to the state and the proposed
27 transportation facility satisfies any other criteria applied by the
28 commissioner in ascertaining whether implementation and operation of the
29 proposed transportation facility is in the interests of the people of
30 the state and their transportation needs.
31 § 504. General provisions. 1. Nothing in this article shall be
32 construed to require the commissioner to accept any unsolicited
33 proposal, make any solicitation or request for competitive proposals, or
34 enter into any agreement with any public or private entity or to reim-
35 burse any proposer for any costs relating to such proposal.
36 2. Nothing in this article shall be deemed to limit the applicability
37 of existing powers and authority of the commissioner or to require the
38 commissioner to advance any project through the provisions of this arti-
39 cle.
40 3. Notwithstanding any provision of law to the contrary, the depart-
41 ment may convey any interests in property under the jurisdiction of the
42 department to a public or private entity pursuant to the terms of an
43 agreement entered into pursuant to subdivision one of section five
44 hundred one of this article.
45 4. Nothing in this article shall be construed as a waiver of or limi-
46 tation upon the sovereign immunity of the state or any instrumentality
47 thereof.
48 5. The commissioner is hereby authorized to promulgate any rules and
49 regulations deemed necessary or desirable for the implementation of this
50 article.
51 § 505. Agreements. Notwithstanding any provision of law to the contra-
52 ry, the commissioner, through agreements entered into pursuant to this
53 article, may provide for:
54 1. the acquisition, design, construction, reconstruction, rehabili-
55 tation, establishment, improvement, renovation, extension, repair, oper-
S. 994 169 A. 1924
1 ation, maintenance, development and/or financing of transportation
2 facilities and the provision of transportation services;
3 2. user fees, tolls or other charges for the use of transportation
4 facilities or for the receipt of transportation services pursuant to
5 this article; and
6 3. the crossing of any highway, railroad, canal or navigable water
7 course or right-of-way, so long as the crossing does not unreasonably
8 interfere with the reasonable use thereof.
9 § 506. Condemnation and operation in the event of a material default.
10 In the event a public or private entity materially defaults on its obli-
11 gations under an agreement entered into pursuant to subdivision one of
12 section five hundred one of this article, the commissioner is hereby
13 authorized to acquire, in the name of the people of the state, any
14 transportation facility constructed or under construction by such public
15 or private entity, with any damages suffered to the state as a result of
16 such default being an offset to the compensation provided for the acqui-
17 sition of the transportation facility. In the event of such acquisition
18 and notwithstanding any provision of law to the contrary, the department
19 is hereby authorized, but is not required, to operate and maintain the
20 facility, including the imposition and collection of applicable user
21 fees, tolls or other charges.
22 § 507. Confidentiality. Any request for proposal or agreement entered
23 pursuant to this article shall make provision for the protection of
24 interests and rights in intellectual property and trade secrets. The
25 contents of proposals received by the department pursuant to this arti-
26 cle shall be considered, for the purposes of section eighty-seven of the
27 public officers law, records which, if disclosed, would impair present
28 or imminent contract awards.
29 § 508. Severability clause. If any section, clause or provision of
30 this article shall be determined to be unconstitutional or be ineffec-
31 tive in whole or in part, to the extent that it is not unconstitutional
32 or ineffective, it shall be valid and effective and no other section,
33 clause or provision shall, on account thereof, be deemed invalid or
34 ineffective.
35 § 2. The public authorities law is amended by adding a new section 388
36 to read as follows:
37 § 388. Transportation facility development partnership program.
38 Notwithstanding any other provisions of law to the contrary:
39 1. As used in this section, unless a different meaning appears from
40 the context, the terms:
41 (a) "Private entity" means any natural person, association, corpo-
42 ration, limited liability company, partnership, firm, joint venture or
43 other private business entity.
44 (b) "Public entity" means the state, any agency, public authority,
45 public benefit corporation, political subdivision of the state, the
46 federal government, or any other state, agency, public authority, poli-
47 tical subdivision or municipality thereof or other governmental entity.
48 (c) "Transportation facilities" means the thruway system as defined in
49 section three hundred fifty-one of this title.
50 (d) "Transportation services" means any transportation services,
51 including, but not limited to, the provision of transportation facili-
52 ties for the movement of people, goods or information on, by or through
53 the use of transportation facilities and shall include services provided
54 pursuant to joint service agreements.
S. 994 170 A. 1924
1 (e) "Transportation services agreement" shall mean any agreement
2 entered into by the authority pursuant to paragraph (a) of subdivision
3 two of this section.
4 (f) "Transportation services project" shall mean the planning, acqui-
5 sition, design, construction, reconstruction, rehabilitation, establish-
6 ment, improvement, renovation, extension, repair, operation, mainte-
7 nance, development and/or financing of transportation facilities,
8 including, but not limited to, agreements relating to the distribution
9 of fare and toll payment media and electronic payment devices, and the
10 collection of fares, tolls and other charges, pursuant to a transporta-
11 tion services agreement.
12 2. Notwithstanding the provisions of any law to the contrary, the
13 authority is authorized, as additional corporate purposes thereof, to:
14 (a) Enter into agreements, on such terms and conditions as the author-
15 ity deems appropriate, with public or private entities to provide for,
16 or in support of, or associated with, the planning, acquisition, design,
17 construction, reconstruction, restoration, rehabilitation, establish-
18 ment, improvement, renovation, extension, repair, operation, mainte-
19 nance, development and/or financing of transportation facilities,
20 including, but not limited to, agreements relating to the distribution
21 of fare and toll payment media and electronic payment devices, and the
22 collection of fares, tolls and other charges;
23 (b) Accept any gifts or any appropriation or grant of funds or proper-
24 ty for the purposes of this section from any federal, state or other
25 governmental agency, person or entity and to comply with the terms and
26 conditions thereof;
27 (c) Accept, pursuant to the terms of an agreement entered into pursu-
28 ant to paragraph (a) of this subdivision or otherwise, property and
29 transportation facilities to be maintained as part of the state's trans-
30 portation system. Any transportation facilities so acquired shall be
31 deemed to have been acquired by the authority or by the commissioner
32 pursuant to this article;
33 (d) Utilize any of its powers or authority to achieve the purposes of
34 this section;
35 (e) Impose fees for the reasonable costs of reviewing any proposal
36 submitted to the authority pursuant to this section;
37 (f) Finance all or any part of the costs to the authority or to any
38 public or private entity of any transportation services project, includ-
39 ing financing through or accompanied by one or more sales or leases of
40 such project or any part thereof by or to such entity and/or by or to
41 the authority or any of its subsidiaries or affiliates or through or
42 accompanied by one or more leasebacks of such project or any part there-
43 of by or to such entity or by or to the authority or any of its subsid-
44 iaries or affiliates; and
45 (g) Utilize the authority's eminent domain powers, on such terms and
46 conditions as the authority deems appropriate, to acquire property
47 required for transportation facilities that are the subject of agree-
48 ments with the authority pursuant to paragraph (a) of this subdivision.
49 3. Notwithstanding any provision of law to the contrary, the authority
50 is authorized to:
51 (a) Accept, following compliance with the procedure set forth in this
52 section, proposals from public or private entities for the provision of
53 transportation services for a transportation facility to be acquired,
54 designed, constructed, improved, operated, maintained, developed, and/or
55 financed pursuant to an agreement between the authority and such entity.
S. 994 171 A. 1924
1 (1) The authority is hereby authorized to accept unsolicited proposals
2 for the purposes of this section.
3 (2) An unsolicited proposal shall include at a minimum:
4 (i) a description of the proposed transportation services, including
5 the location of the transportation facility, the conceptual design of
6 such facility, any interconnection of such facility with other existing
7 or proposed transportation facilities including transportation facili-
8 ties pursuant to article twenty-two of the transportation law, and the
9 benefits to the authority of the project;
10 (ii) the projected total cost and sources of funding for the transpor-
11 tation facility and of the delivery of the transportation services
12 proposed;
13 (iii) the proposed schedule for the development of the proposed trans-
14 portation facility;
15 (iv) the means proposed for the procurement of the property interests
16 required for the proposed transportation facility and for the delivery
17 of the transportation services proposed;
18 (v) information relating to the consistency of the proposal with the
19 current transportation plans of the authority and any affected state or
20 local jurisdictions;
21 (vi) a list of permits and approvals required for the implementation
22 of the proposal and a schedule for the acquisition of such permits and
23 approvals from the appropriate local, state and federal agencies;
24 (vii) a list of public utility facilities that would be crossed by the
25 proposed transportation facility and the plans for accommodating or
26 relocating such utilities;
27 (viii) the plans for financing the development and operation of the
28 proposed transportation facility;
29 (ix) the authority's proposed role and responsibilities, including any
30 financial assistance, in the development of the proposed transportation
31 facility and implementation of the proposed transportation service; and
32 (x) the name and address of the proposer.
33 (3) After the receipt of an unsolicited proposal, the authority may
34 require such additional information from the proposer as the authority
35 deems pertinent to the consideration of the proposal.
36 (4) After the receipt of an unsolicited proposal that the authority
37 finds to have fulfilled the requirements of subparagraphs two and three
38 of this paragraph, to have met the criteria enumerated in subdivision
39 four of this section, to be consistent with the authority's transporta-
40 tion objectives, and be in the authority's best interest, the authority
41 shall not accept a proposal without first advising the entity making the
42 proposal that the authority will prepare and issue a public request for
43 competing proposals. Such public request for competing proposals shall:
44 (i) describe the unsolicited proposal in such a way that, in the
45 discretion for the authority, it fairly solicits competitive proposals
46 which would achieve the transportation benefit proposed by the unsolic-
47 ited proposal;
48 (ii) provide for a period, not to exceed sixty days, for the initial
49 submission of competing proposals; and
50 (iii) require that such competing proposals include the information
51 required for unsolicited proposals, as set forth in subparagraphs two
52 and three of this paragraph.
53 After receiving any such competing proposals, the authority may allow
54 for the submission of additional information concerning the unsolicited
55 proposal or any competing proposal.
S. 994 172 A. 1924
1 (b) Publicly solicit proposals from public and/or private entities for
2 the provision of transportation services through a transportation facil-
3 ity to be acquired, designed, constructed, improved, operated, main-
4 tained, developed and/or financed pursuant to an agreement between the
5 authority and such an entity. Such solicitation shall include a request
6 for such information as the authority deems necessary to evaluate
7 responses to the solicitation including, at a minimum, the information
8 set forth in subparagraph two of paragraph (a) of this subdivision.
9 4. Notwithstanding any provision of law to the contrary, the authority
10 may enter into an agreement with the public or private entity which,
11 pursuant to subdivision three of this section, has submitted the unso-
12 licited or solicited proposal that best demonstrates the following:
13 (a) A public need for the proposed transportation facility;
14 (b) The proposed transportation facility and the scheduling of its
15 development and implementation and its connections to the existing
16 transportation system are compatible with the transportation plans of
17 the authority and of any state or local jurisdictions;
18 (c) The estimated cost of the proposed transportation facility and of
19 delivery of the transportation service is reasonable and the expenditure
20 of any applicable authority funds on the facility would provide a
21 reasonable transportation benefit, relative to the estimated cost;
22 (d) The financing of the development, construction and operation of
23 the proposed transportation facility is feasible; and
24 (e) The proposal provides the best value to the authority and the
25 proposed transportation facility satisfies any other criteria applied by
26 the authority in ascertaining whether implementation and operation of
27 the proposed transportation facility is in the interests of the authori-
28 ty.
29 5. (a) Nothing in this section shall be construed to require the
30 authority to accept any unsolicited proposal, make any solicitation or
31 request for competitive proposals, or enter into any agreement with any
32 public or private entity.
33 (b) Nothing in this section shall be deemed to (1) limit the authori-
34 ty's existing powers and authority, or (2) require the authority to
35 accept any project through the provisions of this section, or (3)
36 require the authority to enter into any agreements hereunder, or (4)
37 require the authority to take any action that would contradict or impact
38 an existing authority contract or agreement with its bondholders.
39 (c) The authority may convey any property in which the authority has
40 an interest to a public or private entity pursuant to the terms of an
41 agreement entered into pursuant to paragraph (a) of subdivision two of
42 this section.
43 (d) The authority is hereby authorized to promulgate any rules and
44 regulations deemed necessary or desirable for the implementation of this
45 section.
46 6. Notwithstanding any provision of law to the contrary, agreements
47 entered into pursuant to this section may provide for:
48 (a) The acquisition, design, construction, reconstruction, rehabili-
49 tation, establishment, improvement, renovation, extension, repair, oper-
50 ation, maintenance, development and/or financing of transportation
51 facilities and the provision of transportation services;
52 (b) The imposition by the authority, or the establishment by the
53 public or private entity with which the authority contracts pursuant to
54 this section, of user fees, tolls or other charges for the use of trans-
55 portation facilities or for the receipt of transportation services
56 pursuant to this section; and
S. 994 173 A. 1924
1 (c) The crossing of any highway, railroad, canal or navigable water
2 course or right-of-way, so long as the crossing does not unreasonably
3 interfere with the reasonable use thereof.
4 7. In the event a public or private entity materially defaults on its
5 obligations under an agreement entered into pursuant to paragraph (a) of
6 subdivision two of this section, the authority is hereby authorized to
7 acquire any transportation facility constructed by such public or
8 private entity, with any damages suffered to the authority as a result
9 of such default being an offset to the compensation provided for the
10 acquisition of the transportation facility. In the event of such acqui-
11 sition and notwithstanding any provision of law to the contrary, the
12 authority is hereby authorized, but not required, to operate and main-
13 tain the facility, including the imposition and collection of applicable
14 fees, tolls or other charges.
15 8. Any request for proposal or agreement entered pursuant to this
16 section shall make provision for the protection of interests and rights
17 in intellectual property and trade secrets. The contents of proposals
18 received by the authority pursuant to this section shall be considered,
19 for the purposes of section eighty-seven of the public officers law,
20 records which, if disclosed, would impair present or imminent contract
21 awards.
22 9. If any clause or provision of this section shall be determined to
23 be unconstitutional or be ineffective in whole or in part, to the extent
24 that it is not unconstitutional or ineffective, it shall be valid and
25 effective and no other clause or provision shall, on account thereof, be
26 deemed invalid or ineffective.
27 § 3. The public authorities law is amended by adding a new section
28 1260-m to read as follows:
29 § 1260-m. Transportation facility development partnership program.
30 Notwithstanding any other provisions of law to the contrary:
31 1. As used in this section, unless a different meaning appears from
32 the context, the terms:
33 (a) "Private entity" means any natural person, association, corpo-
34 ration, limited liability company, partnership, firm, joint venture or
35 other private business entity;
36 (b) "Public entity" means the state, any agency, public authority,
37 public benefit corporation, political subdivision of the state, the
38 federal government, or any other state, agency, public authority, poli-
39 tical subdivision or municipality thereof or other governmental entity;
40 (c) "Transportation facilities" shall have the meaning set forth in
41 subdivision thirty-eight of section twelve hundred sixty-a of this title
42 as added by a chapter of the laws of two thousand five, and shall
43 include, in addition, any project authorized by subdivision eight of
44 section twelve hundred sixty-five-a of this title as added by a chapter
45 of the laws of two thousand five;
46 (d) "Transportation services" means any transportation services,
47 including, but not limited to, the provision of transportation facili-
48 ties for the movement of people, vehicles, goods or information on, by
49 or through the use of transportation facilities and shall include
50 services provided pursuant to joint service agreements;
51 (e) "Transportation services agreement" shall mean any agreement
52 entered into by the authority pursuant to paragraph (a) of subdivision
53 two of this section; and
54 (f) "Transportation services project" shall mean the planning, acqui-
55 sition, design, construction, reconstruction, rehabilitation, establish-
56 ment, improvement, renovation, extension, repair, operation, mainte-
S. 994 174 A. 1924
1 nance, development and/or financing of transportation facilities,
2 including, but not limited to, agreements relating to the distribution
3 of fare and toll payment media and electronic payment devices, and the
4 collection of fares, tolls and other charges, pursuant to a transporta-
5 tion services agreement.
6 2. Notwithstanding the provisions of any law to the contrary, the
7 authority is authorized, in addition to its other rights and powers not
8 inconsistent with the provisions of this section, on behalf of itself
9 and/or any of its subsidiaries and affiliates, to:
10 (a) Enter into agreements, on such terms and conditions as the author-
11 ity deems appropriate, with public or private entities to provide for,
12 or in support of, or associated with, the planning, acquisition, design,
13 construction, reconstruction, restoration, rehabilitation, establish-
14 ment, improvement, renovation, extension, repair, operation, mainte-
15 nance, development and/or financing of transportation facilities,
16 including, but not limited to, agreements relating to the distribution
17 of fare and toll payment media and electronic payment devices, and the
18 collection of fares, tolls and other charges;
19 (b) Accept any gifts or any appropriation or grant of funds or proper-
20 ty for the purposes of a transportation services project from any feder-
21 al, state or other governmental agency, person or entity and to comply
22 with the terms and conditions thereof;
23 (c) Accept any property (or any interest therein), including, but not
24 limited to, transportation facilities and any property transferred from
25 the city of New York, acting by its mayor alone, needed or useful for or
26 in connection with any transportation services project;
27 (d) Issue its notes or bonds, including notes and bonds issued pursu-
28 ant to section twelve hundred sixty-two-i of the public authorities law,
29 as added by a chapter of the laws of two thousand five, to finance all
30 or any part of the costs of any transportation services project;
31 (e) Finance all or any part of the costs to the authority or to any
32 public or private entity of any transportation services project, includ-
33 ing financing through or accompanied by one or more sales or leases of
34 such project or any part thereof by or to such entity and/or by or to
35 the authority or any of its subsidiaries or affiliates or through or
36 accompanied by one or more leasebacks of such project or any part there-
37 of by or to such entity or by or to the authority or any of its subsid-
38 iaries or affiliates;
39 (f) Utilize any of its powers or authority in furtherance of the
40 purposes of this section;
41 (g) Impose fees for the reasonable costs of reviewing any proposal
42 submitted to the authority pursuant to this section; and
43 (h) Utilize the authority's eminent domain powers, on such terms and
44 conditions as the authority deems appropriate, to acquire property
45 required for transportation services projects.
46 3. Neither the provisions of section one hundred ninety-seven-c of the
47 New York city charter, relating to a uniform land use review procedure,
48 nor the provisions of any other local law of the city of New York of
49 like or similar tenor or import shall apply to the acquisition of any
50 real property (or any interest therein) for the purposes of any trans-
51 portation services project by the authority or its designee then owned
52 by the city nor to the transfer to the authority or its designee for
53 such purposes of the right of use, occupancy, control or possession of
54 any real property (or interest therein), whether presently owned or
55 hereafter acquired by the city; provided in each such case, however,
56 that if at the time of such proposed acquisition or transfer the real
S. 994 175 A. 1924
1 property which is the subject of such acquisition or transfer is not
2 then being utilized for a transit or transportation purpose or is not an
3 insubstantial addition to such property contiguous thereto:
4 (a) the authority shall, unless a submission with respect to such
5 property has previously been made and approved as herein provided,
6 submit to the community board for the community district in which such
7 property is located, data with respect to the proposed use of such prop-
8 erty and to the design of any facility proposed to be constructed there-
9 on;
10 (b) such community board shall inform the city council of the city of
11 New York, with copies to the city planning commission of the city of New
12 York and the authority, of its views and recommendations with respect
13 thereto within forty-five days of such submission, and if the community
14 board shall fail to so inform the city council within such period it
15 shall be deemed to have recommended the proposal; and
16 (c) the city council shall, within forty-five days of the recommenda-
17 tion of the community board, approve or disapprove such acquisition or
18 transfer, and if the city council shall fail to act within such period
19 it shall be deemed to have approved the same.
20 4. Each transportation services project shall be considered to be a
21 facility, operation or property of the authority for purposes of all of
22 the provisions of this title, including, but not limited to, the special
23 treatment of such facilities, operations and properties and the
24 exemptions set forth in section twelve hundred sixty-two-g of this title
25 as added by a chapter of the laws of two thousand five. A transportation
26 services project shall not be considered a transit project for purposes
27 of this title.
28 5. Notwithstanding any provision of law to the contrary, the authority
29 is authorized to:
30 (a) Accept, following compliance with the procedure set forth in this
31 section, proposals from public or private entities for transportation
32 services projects;
33 (1) The authority is hereby authorized to accept unsolicited proposals
34 for transportation services projects;
35 (2) An unsolicited proposal shall include at a minimum:
36 (i) a description of the proposed transportation services project,
37 including the location, conceptual design, any interconnection of such
38 project with other existing or proposed transportation facilities, and
39 the benefits to the authority of the project;
40 (ii) the projected total cost and plans for financing, including
41 sources of funding, for the transportation services project;
42 (iii) the proposed schedule for the development of the proposed trans-
43 portation services project;
44 (iv) the means proposed for the procurement of the property interests
45 required for the proposed transportation services project;
46 (v) information relating to the consistency of the proposal with the
47 current transportation plans of the authority and any affected state or
48 local jurisdictions;
49 (vi) a list of permits and approvals required for the implementation
50 of the proposal and a schedule for the acquisition of such permits and
51 approvals from the appropriate local, state and federal agencies;
52 (vii) the authority's proposed role and responsibilities, including
53 any financial assistance, in the development of the proposed transporta-
54 tion services project and implementation of the proposed transportation
55 service; and
56 (viii) the name and address of the proposer.
S. 994 176 A. 1924
1 (3) After the receipt of an unsolicited proposal, the authority may
2 require such additional information from the proposer as the authority
3 deems pertinent to the consideration of the proposal.
4 (4) After the receipt of an unsolicited proposal that the authority
5 finds:
6 (i) to have fulfilled the requirements of subparagraphs two and three
7 of this paragraph,
8 (ii) to have met the criteria enumerated in subdivision six of this
9 section,
10 (iii) to be consistent with the authority's transportation objectives,
11 and
12 (iv) to be in the authority's best interest, the authority shall not
13 accept a proposal without first advising the entity making the proposal
14 that the authority will prepare and issue a public request for competing
15 proposals; and
16 (5) Such public request for competing proposals shall:
17 (i) describe the unsolicited proposal in such a way that, in the
18 discretion of the authority, it fairly solicits competitive proposals
19 which would achieve the transportation benefit proposed by the unsolic-
20 ited proposal;
21 (ii) provide for a period, not to exceed sixty days, for the initial
22 submission of competing proposals; and
23 (iii) require that such competing proposals include the information
24 required for unsolicited proposals, as set forth in subparagraphs two
25 and three of this paragraph.
26 After receiving any such competing proposals, the authority may require
27 such additional information from any proposer as the authority deems
28 pertinent to the consideration of the applicable proposal and may allow
29 for the submission of additional information concerning the unsolicited
30 proposal or any competing proposal.
31 6. Notwithstanding any provision of law to the contrary, the authority
32 may enter into a transportation services agreement with the public or
33 private entity which, pursuant to subdivision five of this section, has
34 submitted the unsolicited or solicited proposal that best demonstrates
35 the following:
36 (a) A public need for the proposed transportation services project;
37 (b) The proposed transportation services project and the scheduling of
38 its development and implementation and its connections to the existing
39 transportation system are compatible with the transportation plans of
40 the authority and of any state or local jurisdictions;
41 (c) The estimated cost of the proposed transportation facility and of
42 delivery of the transportation service is reasonable and the expenditure
43 of any applicable authority funds on the facility would provide a
44 reasonable transportation benefit, relative to the estimated cost;
45 (d) The financing of the implementation and operation of the proposed
46 transportation services project is feasible; and
47 (e) The proposal provides the best value to the authority and the
48 proposed transportation services project satisfies any other criteria
49 applied by the authority in ascertaining whether implementation and
50 operation of the proposed transportation services project is in the
51 interests of the authority.
52 7. (a) Nothing in this section shall be construed to require the
53 authority to accept any unsolicited proposal, make any solicitation or
54 request for competitive proposals, or enter into any agreement with any
55 public or private entity.
56 (b) Nothing in this section shall be deemed to:
S. 994 177 A. 1924
1 (1) supersede or limit the applicability of the authority's existing
2 powers and authority, or
3 (2) require the authority to accept any project through the provisions
4 of this section, or
5 (3) require the authority to enter into any agreements hereunder, or
6 (4) require the authority to take any action that would contradict or
7 impact an existing authority contract or agreement with its bondholders.
8 (c) The authority may convey any property in which the authority has
9 an interest to a public or private entity pursuant to the terms of a
10 transportation services agreement.
11 (d) Notwithstanding any provision of law to the contrary, the authori-
12 ty is hereby authorized to promulgate any rules and regulations deemed
13 necessary or desirable for the implementation of this section.
14 8. Notwithstanding any provision of law to the contrary, agreements
15 entered into pursuant to this section may provide for:
16 (a) The planning, acquisition, design, construction, reconstruction,
17 rehabilitation, establishment, improvement, renovation, extension,
18 repair, operation, maintenance, development and/or financing of trans-
19 portation facilities and transportation service projects and the
20 provision of transportation services;
21 (b) The establishment, levy and collection of fares, user fees, tolls,
22 rentals, rates or other charges for the use of transportation facili-
23 ties, transportation services projects or for the receipt of transporta-
24 tion services pursuant to this section as the authority may deem neces-
25 sary, convenient or desirable; and
26 (c) The crossing of any street, highway, railroad, canal, navigable
27 water course or right-of-way, so long as the crossing does not unreason-
28 ably interfere with the reasonable use thereof.
29 9. In the event a public or private entity materially defaults on its
30 obligations under a transportation services agreement, the authority is
31 hereby authorized to acquire all or any portion of any transportation
32 services project constructed by or in conjunction with such public or
33 private entity, with any damages suffered to the authority as a result
34 of such default being an offset to the compensation provided for the
35 acquisition of the transportation services project. In the event of such
36 acquisition and notwithstanding any provision of law to the contrary,
37 the authority is hereby authorized, but not required, to operate and
38 maintain the transportation services project, including the imposition
39 and collection of applicable fees, tolls or other charges.
40 10. Any request for proposal or agreement entered pursuant to this
41 section shall make provision for the protection of interests and rights
42 in intellectual property and trade secrets. The contents of proposals
43 received by the authority pursuant to this section shall be considered,
44 for the purposes of section eighty-seven of the public officers law,
45 records which, if disclosed, would impair present or imminent contract
46 awards.
47 11. If any clause or provision of this section shall be determined to
48 be unconstitutional or be ineffective in whole or in part, to the extent
49 that it is not unconstitutional or ineffective, it shall be valid and
50 effective and no other clause or provision shall, on account thereof, be
51 deemed invalid or ineffective.
52 § 4. Notwithstanding the provisions of any law to the contrary, the
53 New York state bridge authority, the Niagara frontier transportation
54 authority, the Rochester-Genesee transportation authority, the capital
55 district transportation authority and the Central New York regional
56 transportation authority are hereby authorized to enter into agreements
S. 994 178 A. 1924
1 with the commissioner of transportation, the thruway authority, and/or
2 the metropolitan transportation authority pursuant to this act for the
3 planning, acquisition, design, construction, reconstruction, rehabili-
4 tation, establishment, improvement, renovation, extension, repair, oper-
5 ation, maintenance, development and/or financing of transportation
6 facilities, as defined by subdivision 3 of section 500 of the transpor-
7 tation law as added by section one of this act and for the provision of
8 transportation services, as defined by subdivision 4 of such section.
9 § 5. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2005.
11 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
12 sion, section or part of this act shall be adjudged by any court of
13 competent jurisdiction to be invalid, such judgment shall not affect,
14 impair, or invalidate the remainder thereof, but shall be confined in
15 its operation to the clause, sentence, paragraph, subdivision, section
16 or part thereof directly involved in the controversy in which such judg-
17 ment shall have been rendered. It is hereby declared to be the intent of
18 the legislature that this act would have been enacted even if such
19 invalid provisions had not been included herein.
20 § 3. This act shall take effect immediately provided, however, that
21 the applicable effective date of Parts A through M of this act shall be
22 as specifically set forth in the last section of such Parts.