S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6774--A A. 9861--A
S E N A T E - A S S E M B L Y
February 4, 2010
___________
IN SENATE -- Introduced by Sens. LAVALLE, FOLEY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Local Government -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. THIELE, ALESSI, MURRAY -- read
once and referred to the Committee on Corporations, Authorities and
Commissions -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT authorizing an advisory, non-binding referendum in the towns of
Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton and
Southold in the county of Suffolk on the creation of the Peconic Bay
Regional Transportation Authority to replace the Metropolitan Trans-
portation Authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that in
the Peconic Bay region of Long Island, traffic congestion has been one
of the primary adverse impacts from overdevelopment. Expanding traffic
congestion has resulted in deteriorating traffic safety with increased
traffic accidents and fatalities. In addition, traffic congestion has
resulted in increased trip delays, declining air quality, adverse
impacts to historic and rural resources in the region's villages and
hamlets, parking problems, adverse impacts to residential communities
and neighborhoods resulting from the diversion of traffic from major
highways and arteries to rural residential streets and roads.
The region's tourist and second home industries, the cornerstone of
its prosperity, are threatened if the adverse consequences of traffic
congestion are not promptly and adequately addressed. Further, there
will be a continued growth in year-round population, seasonal residents,
and traffic into the foreseeable future, exacerbating an already major
problem.
The legislature finds that the unique geography of the Peconic Bay
region limits the ability to expand highway capacity for motor vehicles.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15652-02-0
S. 6774--A 2 A. 9861--A
The narrow forks limit the augmentation of future highway capacity in an
east-west direction. The construction of new highways is not a feasible
alternative, and the option of improving capacity on existing highways
is limited.
While the region's highway infrastructure is severely overburdened,
its public transit capabilities are underdeveloped. The region possesses
underutilized rail capacity with minimal service from the Long Island
Rail Road to the region. Further, the Metropolitan Transportation
Authority has proposed reducing even this limited service.
The legislature finds that the development of new public transit
opportunities for the Peconic Bay region represents the best alternative
to address growing traffic congestion and other transportation problems.
The region possesses existing rail infrastructure. Existing service to
the region is minimal. Further, there is no coordination between rail
service and existing bus service. The opportunity to improve service is
clearly available.
The region's local governments have recognized the adverse impacts
resulting from growing traffic congestion and the need to explore other
transportation options such as public transit. Independently, the
comprehensive plans of the region's towns and villages have cited traf-
fic congestion as a critical problem and have identified improved public
transit as a future goal. Towns have created task forces and commissions
to address the transportation issue.
Further, local governments have joined together to explore public
transit options to mitigate traffic congestion. As early as 1994, the
East End Economic and Environmental Institute, under the auspices of the
East End Mayors and Supervisors Association issued a report entitled
Blue Print for Our Future which called for improved and coordinated bus
and rail service in the Peconic Bay region.
In 2005, after a four-year public outreach process, the local govern-
ments of the region issued the result of its SEEDS (Sustainable East End
Development) project. This initiative also recognized the need to create
improved transportation opportunities, including selected road improve-
ments and increased and coordinated public transit.
The Institute for Sustainable Development has issued a report calling
for improved transportation opportunities in the region. Five Town Rural
Transit, Inc., a private, not-for-profit corporation has also recognized
the need for public transit improvements. In 2005, they unveiled a
conceptual plan for an East End Shuttle providing coordinated bus and
rail service, and issued a development proposal to further that goal.
In 2007, the state of New York provided a $300,000 grant under its
Shared Municipal Services Initiative (SMSI) program to study the feasi-
bility of the East End Shuttle concept. In addition, the Long Island
Rail Road, in conjunction with the towns of Southampton and East Hampton
initiated a pilot program in 2007-2008 to provide a rail shuttle and
connecting bus service during the reconstruction of County Road 39. This
pilot program demonstrated that the rail/bus shuttle concept could be
successful. In 2009, the "East End Transportation Study Report", funded
by the SMSI program, was completed by the Volpe National Transportation
Systems Center, U.S. Department of Transportation. The study concluded
that the East End Shuttle concept was both viable and desirable.
A multitude of local governments, regional cooperative initiatives,
and private initiatives have all identified improved public transit with
increased and coordinated rail and bus service as the cornerstone for
solving the problem. The concept has been at the center of public policy
S. 6774--A 3 A. 9861--A
discussions for more than a decade. Therefore, proposals by the Metro-
politan Transportation Authority are ill-considered and unacceptable.
The legislature finds that the creation of a new and separate regional
transportation authority could provide the proper means of implementing
these recommendations. However, it is desirous to first hold a public
referendum on the creation of such an authority before action is taken
by the legislature.
The legislation would authorize such towns to conduct such an advisory
referendum at the next general election to be held after the effective
date of this act. It is understood such referendum is advisory and non-
binding and that the creation of the new transportation authority would
still require an act of this legislature.
S 2. Advisory referendum authorized. Notwithstanding any provision of
law to the contrary, there shall be conducted at the first general
election held at least sixty days after the effective date of this act,
an advisory, non-binding referendum in the towns of Brookhaven, East
Hampton, Riverhead, Shelter Island, Southampton and Southold, in the
county of Suffolk on the question of the creation of the Peconic Bay
Regional Transportation Authority in said region to provide expanded
public transit services.
S 3. Conduct of referendum. The advisory, non-binding referendum
authorized by this act shall be conducted by the board of elections of
the county of Suffolk. The question shall be submitted in the manner
provided in the election law, and the provisions of such law, not incon-
sistent with this act, relating to the submission of and to the taking,
counting and returning the vote and canvassing the results upon a ques-
tion submitted pursuant to law to the voters of the state shall apply to
the question in section four of this act required to be submitted. The
ballots shall be in such form as prescribed by such law. When the coun-
ty of Suffolk board of elections shall have completed its canvass of the
results of the vote upon such question, it shall forthwith certify the
results of the vote upon such question to the secretary of the senate
and the clerk of the assembly.
S 4. Form of question. The ballot question authorized by this act
shall be in the following form: "Shall the State of New York create a
new transportation authority to be known as the Peconic Bay Regional
Transportation Authority from the towns of Brookhaven, East Hampton,
Riverhead, Shelter Island, Southampton and Southold in Suffolk county to
provide expanded public transit services and shall said towns be removed
from the jurisdiction of the Metropolitan Transportation Authority?"
S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof, directly involved in the
controversy in which such judgment shall have been rendered.
S 6. This act shall take effect immediately.