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.