S T A T E O F N E W Y O R K
________________________________________________________________________
6308
2009-2010 Regular Sessions
I N A S S E M B L Y
March 2, 2009
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Introduced by M. of A. GORDON, REILLY -- Multi-Sponsored by -- M. of A.
BOYLAND, O'DONNELL, J. RIVERA, TOWNS -- read once and referred to the
Committee on Transportation
AN ACT to amend the public authorities law, in relation to short
distance commuter passes for the Berkshire section of the Governor
Thomas E. Dewey thruway
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 378 of the public authori-
ties law is designated subdivision 1 and a new subdivision 2 is added to
read as follows:
2. (A) THE AUTHORITY IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE ANNUAL
SHORT DISTANCE COMMUTER PERMITS WHICH SHALL PROVIDE FOR TRAVEL AT NO
CHARGE BETWEEN INTERCHANGES IN PERMIT AREAS. FOR PURPOSES OF THIS SUBDI-
VISION, THE TERM "PERMIT AREA" SHALL MEAN THE FOLLOWING SET OF INTER-
CHANGES: THE EXITS OR ENTRANCES DESIGNATED B-1, B-2 AND B-3 OF THE BERK-
SHIRE SECTION OF THE THRUWAY. SUCH PERMITS SHALL BE VALID ONLY FOR
TRAVEL WITHIN THE PERMIT AREA. THE AUTHORITY MAY RESTRICT THE USE OF
SUCH PERMIT TO PEAK COMMUTER HOURS.
(B) IF, UPON THE COMPLETION OF AN AUDIT CONDUCTED BY A CERTIFIED
PUBLIC ACCOUNTANT SELECTED BY THE AUTHORITY, THE AUTHORITY CAN DEMON-
STRATE THAT THE ISSUANCE OF PERMITS AS AUTHORIZED IN PARAGRAPH (A) OF
THIS SUBDIVISION FOR USE DURING PEAK COMMUTER HOURS CAUSES A SIGNIFICANT
LOSS OF REVENUE TO THE AUTHORITY, THE AUTHORITY IS AUTHORIZED, PURSUANT
TO A RESOLUTION OF THE BOARD, TO OFFER SUCH PERMITS AT A DISCOUNT OF THE
CASH COST PER MILE; PROVIDED, HOWEVER, THAT, PRIOR TO SUCH BOARD RESOL-
UTION, THE AUTHORITY SHALL HOLD AT LEAST ONE PUBLIC HEARING IN THE
PERMIT AREA, AT A TIME AND LOCATION WHICH WILL, TO THE EXTENT PRACTICA-
BLE, MAXIMIZE THE PARTICIPATION OF THE GENERAL PUBLIC.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however that the thruway authority
shall promulgate any rules and regulations necessary for the implementa-
tion of this act on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06398-01-9