S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8357

                            I N  S E N A T E

                              June 25, 2010
                               ___________

Introduced  by  Sens.  SMITH,  VALESKY,  DILAN, ROBACH -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

AN  ACT  to  amend the transportation law, in relation to the state high
  speed rail planning board,  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The transportation law is amended by adding a  new  article
23 to read as follows:
                               ARTICLE 23
                  STATE HIGH SPEED RAIL PLANNING BOARD
SECTION 490. STATE HIGH SPEED RAIL PLANNING BOARD.
        491. POWERS AND DUTIES OF THE BOARD.
        492. ASSISTANCE OF OTHER AGENCIES.
  S  490.  STATE  HIGH  SPEED  RAIL  PLANNING  BOARD. 1. THERE IS HEREBY
CREATED IN THE DEPARTMENT A BOARD, TO BE KNOWN AS THE STATE  HIGH  SPEED
RAIL  PLANNING  BOARD.  SUCH BOARD SHALL BE RESPONSIBLE FOR PLANNING AND
ADVISING THE DEPARTMENT ON  FUTURE  IMPROVEMENTS  TO  THE  STATE'S  RAIL
SYSTEMS  THAT  ARE NECESSARY TO IMPLEMENT HIGH SPEED RAIL SERVICE IN THE
STATE, INCLUDING MAKING RECOMMENDATIONS FOR THE BEST GOVERNMENTAL STRUC-
TURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND FINANCE A HIGH  SPEED  RAIL
SYSTEM.   THE BOARD SHALL ALSO BE RESPONSIBLE FOR REVIEWING THE NEW YORK
STATE RAIL PLAN PUT FORTH BY THE DEPARTMENT IN TWO THOUSAND NINE AND THE
FEDERAL RAILROAD ADMINISTRATION'S HIGH SPEED  RAIL  INTERCITY  PASSENGER
RAIL PROGRAM OF TWO THOUSAND NINE, AND SHALL USE SUCH RECOMMENDATIONS AS
GUIDELINES  FOR  FUTURE IMPROVEMENTS, ENHANCEMENTS AND ADDITIONS TO RAIL
SERVICE IN THE STATE.
  2. SUCH BOARD SHALL CONSIST OF THE COMMISSIONER, THE PRESIDENT OF  THE
METRO-NORTH RAILROAD AND NINE OTHER MEMBERS.  THE GOVERNOR SHALL APPOINT
TWO  MEMBERS OF THE BOARD UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT
OF THE SENATE AND TWO UPON RECOMMENDATION OF THE SPEAKER OF  THE  ASSEM-
BLY.  THE  GOVERNOR  SHALL APPOINT ONE MEMBER UPON RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE AND ONE UPON RECOMMENDATION OF THE MINORI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17854-01-0

S. 8357                             2

TY LEADER  OF  THE  ASSEMBLY.  THE  REMAINING  THREE  MEMBERS  SHALL  BE
APPOINTED  BY  THE GOVERNOR WITHOUT RECOMMENDATION. ANY MEMBER APPOINTED
TO A TERM ON THE BOARD SHALL HAVE EXPERIENCE  IN  ONE  OR  MORE  OF  THE
FOLLOWING AREAS OF EXPERTISE: TRANSPORTATION AND RAILROAD INFRASTRUCTURE
PROJECTS,  PUBLIC ADMINISTRATION, FINANCING OF INFRASTRUCTURE, ENGINEER-
ING, LAW, LAND USE, URBAN AND REGIONAL  PLANNING,  MANAGEMENT  OF  LARGE
CAPITAL PROJECTS, LABOR RELATIONS, OR HAVE EXPERIENCE IN SOME OTHER AREA
OF  ACTIVITY  CENTRAL  TO  THE  MISSION OF THE BOARD. THE GOVERNOR SHALL
SELECT A CHAIR FROM AMONG THE MEMBERS.
  3. BOARD MEMBERS SHALL BE  APPOINTED  WITHIN  THIRTY  DAYS  AFTER  THE
EFFECTIVE  DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT AFTER THE EXPI-
RATION OF THE THIRTY DAY PERIOD, A MAJORITY  OF  THE  APPOINTED  MEMBERS
SHALL CONSTITUTE A QUORUM.
  4.    EXCEPT FOR THE COMMISSIONER AND THE PRESIDENT OF THE METRO-NORTH
RAILROAD, THE TERM OF OFFICE OF EACH SUCH MEMBER SHALL BE  THREE  YEARS.
ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING OTHERWISE THAN BY EXPI-
RATION  OF  A TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED
TERM IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
  5. THE BOARD SHALL MEET PUBLICLY AT LEAST QUARTERLY AT THE  TIMES  AND
PLACES  IN THE STATE THAT THE CHAIR DESIGNATES UNTIL THE FINAL REPORT IS
SUBMITTED.
  6. MEMBERS OF THE BOARD, EXCEPT THE COMMISSIONER, SHALL BE ALLOWED THE
NECESSARY AND ACTUAL EXPENSES  WHICH  HE  OR  SHE  SHALL  INCUR  IN  THE
PERFORMANCE OF HIS OR HER DUTIES UNDER THIS ARTICLE.
  7.  THE  GOVERNOR  SHALL  DESIGNATE  AN  EXECUTIVE  DIRECTOR TO RENDER
ASSISTANCE AND SERVICE TO THE BOARD.
  S 491. POWERS AND DUTIES OF  THE  BOARD.  THE  BOARD  SHALL  HAVE  THE
FOLLOWING POWERS AND DUTIES:
  1.  TO  PROVIDE  THE  DEPARTMENT  WITH  INPUT  ON ENVIRONMENTAL IMPACT
STUDIES NECESSARY FOR PLANNING FOR A HIGH  SPEED  RAIL  SYSTEM  AND  THE
DEVELOPMENT OF A RAIL TRANSPORTATION INVESTMENT PROGRAM;
  2. TO SOLICIT AND RECEIVE PUBLIC AND STAKEHOLDER INPUT ON OPINIONS AND
PROPOSALS  FOR BUILDING, DESIGNING, MAINTAINING, OPERATING AND FINANCING
A HIGH SPEED RAIL SYSTEM FOR THE STATE, WHICH SHALL  INCLUDE  A  PROCESS
FOR  SOLICITING AND RECEIVING TESTIMONY FROM INTERESTED PARTIES, A PROC-
ESS FOR RECEIVING PUBLIC COMMENTS, WHICH  SHALL  INCLUDE  AT  LEAST  SIX
PUBLIC  HEARINGS HELD IN REGIONALLY DIVERSE AREAS OF THE STATE AS DESIG-
NATED BY THE CHAIR, AND A PROCESS FOR PROVIDING PERIODIC PUBLIC  REPORTS
AND UPDATES;
  3. TO EVALUATE ALL AVAILABLE HIGH SPEED RAIL TECHNOLOGIES, SYSTEMS AND
OPERATORS,  AND  MAKE  RECOMMENDATIONS ON AN APPROPRIATE HIGH SPEED RAIL
SYSTEM;
  4. TO RESEARCH OPTIONS, IN  COORDINATION  WITH  THE  DEPARTMENT,  WITH
RESPECT  TO  AGREEMENTS  WITH  PRIVATE ENTITIES NECESSARY TO PERMIT HIGH
SPEED TRAINS, INCLUDING BUT NOT LIMITED TO AGREEMENTS RELATING TO  TRACK
IMPROVEMENTS  AND AGREEMENTS TO OPERATE A HIGH SPEED RAIL SYSTEM, AND TO
PROVIDE THE DEPARTMENT WITH RECOMMENDATIONS ON THE FORM ANY SUCH  AGREE-
MENTS SHOULD TAKE;
  5.  TO  ADVISE  AND WORK WITH THE DEPARTMENT ON MAKING APPLICATION FOR
ANY ADDITIONAL FUNDING THAT MAY BE AVAILABLE  FOR  THE  DEVELOPMENT  AND
OPERATION  OF  A HIGH SPEED RAIL SYSTEM IN THE STATE, PROVIDED, HOWEVER,
THAT NO SUCH FUNDING THAT REQUIRES A STATE MATCH OF FUNDS MAY BE  SOUGHT
EXCEPT  ON  APPROVAL OF THE GOVERNOR AND THE DIRECTOR OF THE DIVISION OF
THE BUDGET;
  6. TO MAKE A REPORT, WITHIN TWO YEARS OF THE EFFECTIVE  DATE  OF  THIS
ARTICLE,  TO  THE GOVERNOR AND THE LEGISLATURE THAT WILL INCLUDE BUT NOT

S. 8357                             3

BE LIMITED TO A FULLY DEVELOPED AND CONSENSUS PLAN FOR THE FINANCING  OF
HIGH  SPEED  RAIL AND THE ORGANIZATIONAL ENTITY WHICH SHOULD OVERSEE AND
OPERATE NEW YORK STATE'S HIGH SPEED RAIL PROGRAM.
  S  492.  ASSISTANCE  OF  OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE BOARD MAY REQUEST AND SHALL RECEIVE FROM  ANY  DEPART-
MENT,  DIVISION,  BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE
OR ANY STATE PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION AND  DATA  AS
WILL  ENABLE THE BOARD PROPERLY TO CARRY OUT ITS POWERS AND DUTIES HERE-
UNDER.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed repealed three years after such effective date.