Assembly Bill A9051

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

                                 9051--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 22, 2009
                               ___________

Introduced  by M. of A. SKARTADOS, BRODSKY, CHRISTENSEN, CAHILL, REILLY,
  GOTTFRIED, GALEF, KOON -- Multi-Sponsored by --  M.  of  A.  BACALLES,
  BARRON, BOYLAND, CROUCH, FINCH, GLICK, McENENY, J. MILLER, MOLINARO --
  (at  request of the Governor) -- read once and referred to the Commit-
  tee on Corporations,  Authorities  and  Commissions  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN ACT to amend the public authorities law, in relation to the powers of
  the New York state bridge authority

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

  Section 1. Legislative findings and declaration. The legislature here-
by finds that Poughkeepsie-Highland railroad bridge played an  important
role  in  the  cultural  and economic development of the state; that the
bridge was superbly designed and constructed  and  properly  maintained;
that the bridge is listed on the state and national registers of histor-
ic  places; that the continued integrity of the superstructure is neces-
sary to protect public safety, the Franklin Delano Roosevelt  Mid-Hudson
bridge  located  one-quarter  mile  downstream,  and  the commercial and
recreational vessel traffic of the Hudson river; that the  deck  of  the
bridge  should  serve as a recreational asset to the people of the state
and provide a connection to existing and future  Hudson  valley  trails;
that  the  preservation  of the bridge will provide an alternative route
for emergency vehicles in the event of closure or blockage of the Frank-
lin Delano Roosevelt Mid-Hudson bridge; that  the  preservation  of  the
bridge  will  contribute  to tourism and economic development within the
region; and that the preservation of the bridge to be known as the walk-
way over the Hudson should be a legacy  of  the  Hudson-Fulton-Champlain
Quadricentennial  commemoration. Therefore, the legislature declares the
acquisition  and  preservation  of  the  Poughkeepsie-Highland  railroad

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12108-04-0
              

A. 9051--A                          2

bridge, which will be known as the walkway over the Hudson bridge, to be
a public purpose.
  S  2. Section 526 of the public authorities law is amended by adding a
new subdivision 7-b to read as follows:
  7-B. THE TERM "WALKWAY OVER THE HUDSON BRIDGE" SHALL BE DEEMED TO MEAN
THE POUGHKEEPSIE-HIGHLAND RAILROAD BRIDGE WHICH WAS  CONSTRUCTED  ACROSS
THE  HUDSON  RIVER  NORTH  OF  THE  FRANKLIN DELANO ROOSEVELT MID-HUDSON
BRIDGE.
  S 3. Subdivision 9 of section 526 of the public  authorities  law,  as
amended  by  chapter  698  of  the  laws  of 1994, is amended to read as
follows:
  9. The term "bridges" shall be deemed to mean collectively  Mid-Hudson
bridge, Rip Van Winkle bridge, Bear Mountain bridge, Kingston-Rhinecliff
bridge,  both spans of the Hamilton Fish Newburgh-Beacon bridge, WALKWAY
OVER THE HUDSON BRIDGE, and incidental roads, approaches, structures and
facilities;
  S 4. Subdivision 1-a of section 528 of the public authorities law,  as
amended  by  chapter  420  of  the  laws  of 1968, is amended to read as
follows:
  1-a. To hold in the name of the state any real property  acquired  for
its  corporate  purposes  and, with the approval of the commissioner, to
sell, lease, exchange, or otherwise dispose  of  any  real  property  or
rights  or  easements therein, heretofore or hereafter acquired pursuant
to the "state bridge authority act", determined by it to be  not  neces-
sary for its corporate purposes, AND SHALL ACCEPT OWNERSHIP OF THE WALK-
WAY  OVER  THE  HUDSON BRIDGE IN THE NAME OF THE STATE, AND ACQUIRE SUCH
INCIDENTAL ROADS, APPROACHES, STRUCTURES AND FACILITIES AS MAY BE NECES-
SARY.
  S 5. Section 528 of the public authorities law is amended by adding  a
new subdivision 1-b to read as follows:
  1-B.  TO  ACCEPT  FROM  ANY  PERSON GIFTS OF MONEY OR PROPERTY FOR ITS
CORPORATE PURPOSES.
  S 6. Subdivision 8 of section 528 of the public  authorities  law,  as
amended  by  chapter  698  of  the  laws  of 1994, is amended to read as
follows:
  8. To charge tolls for the use of the bridges, WITH THE  EXCEPTION  OF
THE  WALKWAY  OVER  THE HUDSON BRIDGE, subject to and in accordance with
such agreements with bondholders and noteholders as may be made as here-
inafter provided, except, however, that subject to such  agreements  the
rates  of  tolls  charged  on  the  Franklin Delano Roosevelt Mid-Hudson
bridge, the Kingston Rhinecliff bridge, the Bear  Mountain  bridge,  the
Rip  Van  Winkle  bridge,  and  the Hamilton Fish Newburgh-Beacon bridge
shall be the same.
  S 7. Section 528 of the public authorities law is amended by adding  a
new subdivision 17 to read as follows:
  17.  TO ENTER INTO A LEASE OR OPERATING AGREEMENT, FOR A PERIOD NOT TO
EXCEED NINETY-NINE YEARS, WITH  THE  OFFICE  OF  PARKS,  RECREATION  AND
HISTORIC  PRESERVATION  FOR  ALL  OR  A  PORTION OF THE WALKWAY OVER THE
HUDSON BRIDGE FOR THE PURPOSE OF A STATE PARK. SUCH AGREEMENT MAY ASSIGN
OR ALLOCATE RESPONSIBILITY FOR THE CONSTRUCTION, OPERATION, MAINTENANCE,
REPLACEMENT AND MANAGEMENT OF THE DECK  AND  APPROACHES  AND  STRUCTURES
PROVIDING  PUBLIC  ACCESS  TO  THE  STATE  PARK, BUT THE AUTHORITY SHALL
RETAIN RESPONSIBILITY FOR MAINTAINING THE SUPERSTRUCTURE OF THE  WALKWAY
OVER  THE  HUDSON  BRIDGE.  THE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION IS AUTHORIZED TO  ENTER  INTO  SUCH  AGREEMENT,  WHICH  MAY
INCLUDE  THE INSTALLATION AND MAINTENANCE BY THE OFFICE OF PARKS, RECRE-

A. 9051--A                          3

ATION AND HISTORIC PRESERVATION OF ANY PERSONAL PROPERTY  AND  EQUIPMENT
USED  IN  CONNECTION  THEREWITH.  THE  OFFICE  OF  PARKS, RECREATION AND
HISTORIC PRESERVATION SHALL PROPOSE IN ITS ANNUAL BUDGET AN  AMOUNT  FOR
ALL  COSTS  AND  OBLIGATIONS UNDER SUCH AGREEMENT AND THESE COSTS MAY BE
SUPPLEMENTED BY PRIVATE DONATIONS.
  S 8. Subdivision 2 of section 529 of the public  authorities  law,  as
amended  by  chapter  516  of  the  laws  of 1980, is amended to read as
follows:
  2. Notwithstanding the provisions of  any  other  law,  the  board  of
supervisors  of  any  county,  the town board of any town, THE COMMON OR
CITY COUNCIL OF ANY CITY, or the trustees of any  village,  without  any
election  or  meeting of the taxpayers or voters or other authorization,
is hereby authorized to dedicate to the state for any of the bridges  or
for  highway connections, any real property, easements or rights in land
owned by such county, town, CITY or village which the authority may deem
necessary.
  S 9. This act shall take effect immediately.