senate Bill S1297

Requires the MTA to file a copy of proposed station closings with various governmental agencies

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 08 / Jan / 2014
    • REFERRED TO TRANSPORTATION

Summary

Requires the MTA to file a copy of proposed station closings with various governmental agencies; provides that the MTA hold a public hearing on any proposed closings; allows the MTA to not comply with the filing provisions for emergency repairs or repairs that cause the station to close for less than twenty-four hours.

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Bill Details

See Assembly Version of this Bill:
A1506
Versions:
S1297
Legislative Cycle:
2013-2014
Current Committee:
Senate Transportation
Law Section:
Public Authorities Law
Laws Affected:
Amd ยง1277, Pub Auth L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6419, A500A
2009-2010: A4208, A4208
2007-2008: A1673, A1673

Sponsor Memo

BILL NUMBER:S1297

TITLE OF BILL: An act to amend the public authorities law, in
relation to requiring the MTA to post a schedule of station closings

PURPOSE OR GENERAL IDEA OF BILL: Requires the MTA to file a copy of
proposed station closings with various governmental agencies.

SUMMARY OF SPECIFIC PROVISIONS: Section 1277 of the public authorities
law, as amended by chapter 161 of the laws of 2000, is amended:

* Provide a station closing schedule on capital projects six months in
advance filed with the NYS Comptroller's Office, NYC Controller's
Office, the NYC Office of Economic Development; all affected community
boards and state, local, and federal elected officials.

* After notice of station closings, the MTA will be required to hold
public hearings in the affected community boards on the closings.

* Emergency repairs or scheduled maintenance work that requires
shutdowns of less than 24 hours are exempt from the six-month notice
provision.

* The Authority shall not close any station for one week commencing on
the fourth Wednesday in November, unless it is for emergency repairs.

JUSTIFICATION: Countless commuters are affected by scheduled subway
station closings and the MTA must provide ample time for these
commuters to be accommodated. The provisions of this legislation allow
for these accommodations to be made.

PRIOR LEGISLATIVE HISTORY:
A.9626 of 2006
A.1673 of 2007-08
A.4208 of 2009-10
S.6419 of 2011-12 SAME AS A.500-A

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to any station closings that occur no sooner than seven months after
such effective date.

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

                                  1297

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to requiring the
  MTA to post a schedule of station closings

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

  Section  1.  Section 1277 of the public authorities law, as amended by
chapter 161 of the laws of 2000, is amended to read as follows:
  S 1277. Station operation and maintenance. 1. A. The operation,  main-
tenance  and  use  of passenger stations shall be public purposes of the
city of New York and the counties within the district. The total cost to
the authority and each of  its  subsidiary  corporations  of  operation,
maintenance  and  use  of  each  passenger  station  within the district
serviced by one or more railroad facilities of the authority or of  such
subsidiary  corporation,  including  the buildings, appurtenances, plat-
forms, lands and approaches incidental or  adjacent  thereto,  shall  be
borne  by  the  city of New York if such station is located in such city
or, if not located in such city, by such county within the  district  in
which such station is located. On or before June first of each year, the
authority  shall, in accordance with the method specified herein, deter-
mine and certify to the city of New York and to each county  within  the
district  the  respective  allocation of costs related to the operation,
maintenance and use of passenger stations within such city and each such
other county, for the twelve month period  ending  the  preceding  March
thirty-first.
  (I) For the year commencing April first, nineteen hundred ninety-nine,
the  total  payment  amount to be billed by the authority for the opera-
tion, maintenance and use of each passenger station within the  city  of
New  York  and  the  counties of Nassau, Suffolk, Westchester, Dutchess,
Putnam, Orange, and Rockland shall be calculated by  summing  the  total

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04082-01-3

S. 1297                             2

amount  listed  in the base amount table plus an adjustment to such base
year amount equal to the base amount times the increase or  decrease  in
the  Consumer  Price Index for Wage Earners and Clerical Workers for the
New York, Northeastern-New Jersey Standard Metropolitan Statistical Area
for the twelve-month period being billed.

                            BASE AMOUNT TABLE
       County                                Base Amount
       Nassau                                $19,200,000
       Suffolk                               $11,834,091
       Westchester                           $13,269,310
       Dutchess                              $ 1,581,880
       Putnam                                $   618,619
       Orange                                $   327,247
       Rockland                              $    34,791
       City of New York                      $61,435,330
  (II) For each year thereafter, such total payment for each such county
shall  be  the  same  amount as the total payment during the immediately
prior year, plus an adjustment equal to the prior year amount times  the
increase  or  decrease  in the Consumer Price Index for Wage Earners and
Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
Metropolitan Statistical Area for the twelve-month period being billed.
  B. On or before the following September first, of each year, such city
and  each  such county shall pay to the authority such cost or amount so
certified to it on or before the preceding June first.   Such  city  and
each  such  county  shall  have power to finance such costs to it by the
issuance of budget notes pursuant to section 29.00 of the local  finance
law.  For the year beginning April first, two thousand four, the author-
ity, the city of New York and the counties of Nassau, Suffolk, Westches-
ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
agreement, recommend to the legislature modifications to the amounts set
forth  above  based upon changes made to commuter services including but
not limited to changes in the number of passenger stations  within  such
counties  or  the  level  of  commuter rail service provided to any such
passenger stations.  Failure between the authority and between the coun-
ties to reach agreement will be referred to the  state  comptroller  for
mediation.  If  the  mediation is unsuccessful, each party and the state
comptroller may submit a recommendation to the governor and the legisla-
ture for legislative action.
  C. In the event that a city or county shall fail to  make  payment  to
the  authority  for  station  maintenance  as  required pursuant to this
section, or any part thereof, the chief executive officer of the author-
ity or such other person as the chairman shall designate  shall  certify
to  the  state comptroller the amount due and owing the authority at the
end of the state fiscal year and the state comptroller shall withhold an
equivalent amount from the next succeeding state aid allocated  to  such
county  or  city from the motor fuel tax and the motor vehicle registra-
tion fee distributed pursuant to former section one  hundred  twelve  of
the highway law, or amounts distributed pursuant to section ten-c of the
highway  law,  or per capita local assistance pursuant to section fifty-
four of the state finance law  subject  to  the  following  limitations:
prior to withholding amounts due the authority from such county or city,
the  comptroller  shall pay in full any amount due the state of New York
municipal bond bank agency, on account of any such  county's  or  city's
obligation  to such agency; the city university construction fund pursu-
ant to the provisions of the city university construction fund act;  the

S. 1297                             3

New   York   city  housing  development  corporation,  pursuant  to  the
provisions of the New York  city  housing  development  corporation  act
(article  twelve  of  the  private housing finance law); and the transit
construction  fund pursuant to the provisions of title nine-A of article
five of this chapter.  The comptroller shall give the  director  of  the
budget notification of any such payment. Such amount or amounts so with-
held by the comptroller shall be paid to the authority and the authority
shall  use  such  amount  for the repayment of the state advances hereby
authorized. When such amount or amounts are received by  the  authority,
it  shall  credit  such amounts against any amounts due and owing by the
city or county on whose account such amount was withheld and paid.
  2. A. WHENEVER THE AUTHORITY WILL CLOSE A STATION FOR A PERIOD OF TIME
IN EXCESS OF TWENTY-FOUR HOURS, THE AUTHORITY, AT LEAST SIX MONTHS PRIOR
TO SUCH SCHEDULED CLOSING DATE, MUST FILE A COPY OF SUCH SCHEDULED CLOS-
INGS WITH THE STATE COMPTROLLER, THE NEW YORK CITY CONTROLLER,  THE  NEW
YORK CITY OFFICE OF ECONOMIC DEVELOPMENT, ALL AFFECTED COMMUNITY BOARDS,
AND ANY LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL.
  B.  THE AUTHORITY SHALL BE REQUIRED TO HOLD A PUBLIC HEARING AFTER THE
FILING OF THE SCHEDULED CLOSINGS BUT PRIOR TO SUCH CLOSING DATE.
  C.  THE AUTHORITY SHALL NOT CLOSE ANY STATION FOR ONE WEEK  COMMENCING
ON THE FOURTH WEDNESDAY IN NOVEMBER.
  D.  THE  AUTHORITY SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS
OF THIS SUBDIVISION FOR ANY CLOSING THAT RESULTS FROM  EMERGENCY  REPAIR
OR ANY CLOSING THAT WILL BE LESS THAN TWENTY-FOUR HOURS IN DURATION.
  S  2.  This  act  shall take effect immediately and shall apply to any
station closings that occur no  sooner  than  seven  months  after  such
effective date.

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