S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3731
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, GLICK, DINOWITZ, COLTON, PAULIN --
   Multi-Sponsored by -- M. of A. EPSTEIN -- read once  and  referred  to
   the Committee on Corporations, Authorities and Commissions
 
 AN  ACT  to amend the public authorities law, in relation to eliminating
   the metropolitan  commuter  transportation  authority's  environmental
   quality review exemption
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 11 of section 1266 of the public author-
 ities law, subdivision 3 as amended and subdivision 11 as added by chap-
 ter 314 of the laws of 1981, are amended to read as follows:
   3. The authority may establish, levy and collect or cause to be estab-
 lished, levied and collected  and,  in  the  case  of  a  joint  service
 arrangement,  join with others in the establishment, levy and collection
 of such fares, tolls, rentals, rates, charges and other fees as  it  may
 deem necessary, convenient or desirable for the use and operation of any
 transportation  facility  and related services operated by the authority
 or by a subsidiary corporation of the authority or under contract, lease
 or other arrangement, including joint  service  arrangements,  with  the
 authority.  Any such fares, tolls, rentals, rates, charges or other fees
 for the transportation of passengers shall be  established  and  changed
 only if approved by resolution of the authority adopted by not less than
 a  majority vote of the whole number of members of the authority then in
 office, with the chairman having one additional vote in the event  of  a
 tie vote, and only after a public hearing, provided however, that fares,
 tolls,  rentals,  rates, charges or other fees for the transportation of
 passengers on any transportation facility which are  in  effect  at  the
 time  that  the  then  owner  of  such transportation facility becomes a
 subsidiary corporation of the authority or at the time that operation of
 such transportation  facility  is  commenced  by  the  authority  or  is
 commenced  under  contract,  lease or other arrangement, including joint
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01216-01-3
              

 A. 3731                             2
 
 service arrangements, with the authority  may  be  continued  in  effect
 without  such  a hearing. Such fares, tolls, rentals, rates, charges and
 other fees shall be established as may in the judgment of the  authority
 be  necessary  to  maintain the combined operations of the authority and
 its subsidiary corporations on a self-sustaining basis. The  said  oper-
 ations  shall  be deemed to be on a self-sustaining basis as required by
 this title, when the authority is able to pay or cause to be  paid  from
 revenue  and  any  other  funds  or  property  actually available to the
 authority and its subsidiary corporations (a) as the same  shall  become
 due,  the  principal  of  and  interest on the bonds and notes and other
 obligations of  the  authority  and  of  such  subsidiary  corporations,
 together  with the maintenance of proper reserves therefor, (b) the cost
 and expense of keeping the properties and assets of  the  authority  and
 its  subsidiary  corporations  in good condition and repair, and (c) the
 capital and operating expenses  of  the  authority  and  its  subsidiary
 corporations.  The  authority may contract with the holders of bonds and
 notes with respect to the exercise of  the  powers  authorized  by  this
 section.  [No  acts  or  activities taken or proposed to be taken by the
 authority or any subsidiary of the authority pursuant to the  provisions
 of  this subdivision shall be deemed to be "actions" for the purposes or
 within the meaning of article eight of  the  environmental  conservation
 law.]
   11.  No  project to be constructed upon real property theretofore used
 for a transportation purpose, or on an insubstantial  addition  to  such
 property contiguous thereto, which will not change in a material respect
 the  general character of such prior transportation use, nor any acts or
 activities in connection with such project,  shall  be  subject  to  the
 provisions  of  article [eight,] nineteen, twenty-four or twenty-five of
 the environmental conservation law, or to any  local  law  or  ordinance
 adopted  pursuant to any such article. [Nor shall any acts or activities
 taken or proposed to be taken by the authority or by any other person or
 entity, public or private, in  connection  with  the  planning,  design,
 acquisition, improvement, construction, reconstruction or rehabilitation
 of  a transportation facility, other than a marine or aviation facility,
 be subject to the provisions  of  article  eight  of  the  environmental
 conservation  law,  or to any local law or ordinance adopted pursuant to
 any such article if such acts or activities require the preparation of a
 statement under or pursuant to any federal law or regulation as  to  the
 environmental impact thereof.]
   § 2. This act shall take effect immediately.