S T A T E O F N E W Y O R K
________________________________________________________________________
8268
I N S E N A T E
June 18, 2010
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Introduced by Sens. SMITH, VALESKY, DILAN, ROBACH -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the transportation law, in relation to establishing a
state high speed rail planning board; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The transportation law is amended by adding a new article
23 to read as follows:
ARTICLE 23
STATE HIGH SPEED RAIL PLANNING BOARD
SECTION 490. STATE HIGH SPEED RAIL PLANNING BOARD.
491. POWERS AND DUTIES OF THE BOARD.
492. ASSISTANCE OF OTHER AGENCIES.
S 490. STATE HIGH SPEED RAIL PLANNING BOARD. 1. THERE IS HEREBY
CREATED IN THE DEPARTMENT A BOARD, TO BE KNOWN AS THE STATE HIGH SPEED
RAIL PLANNING BOARD. SUCH BOARD SHALL BE RESPONSIBLE FOR PLANNING AND
ADVISING THE DEPARTMENT ON FUTURE IMPROVEMENTS TO THE STATE'S RAIL
SYSTEMS THAT ARE NECESSARY TO IMPLEMENT HIGH SPEED RAIL SERVICE IN THE
STATE, INCLUDING MAKING RECOMMENDATIONS FOR THE BEST GOVERNMENTAL STRUC-
TURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND FINANCE A HIGH SPEED RAIL
SYSTEM, INCLUDING CONSIDERATION OF A PUBLIC-PRIVATE PARTNERSHIP. THE
BOARD SHALL ALSO BE RESPONSIBLE FOR REVIEWING THE RECOMMENDATIONS PUT
FORTH BY THE NEW YORK STATE SENATE HIGH SPEED RAIL TASK FORCE IN JANUARY
TWO THOUSAND SIX, THE NEW YORK STATE RAIL PLAN PUT FORTH BY THE DEPART-
MENT IN TWO THOUSAND NINE AND THE FEDERAL RAILROAD ADMINISTRATION'S HIGH
SPEED RAIL INTERCITY PASSENGER RAIL PROGRAM OF TWO THOUSAND NINE, AND
SHALL USE SUCH RECOMMENDATIONS AS GUIDELINES FOR FUTURE IMPROVEMENTS,
ENHANCEMENTS AND ADDITIONS TO RAIL SERVICE IN THE STATE.
2. SUCH BOARD SHALL CONSIST OF THE COMMISSIONER, THE PRESIDENT OF THE
METRO-NORTH RAILROAD AND NINE OTHER MEMBERS. THE GOVERNOR SHALL APPOINT
TWO MEMBERS OF THE BOARD UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT
OF THE SENATE AND TWO UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12227-06-0
S. 8268 2
BLY. THE GOVERNOR SHALL APPOINT ONE MEMBER UPON RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE AND ONE UPON RECOMMENDATION OF THE MINORI-
TY LEADER OF THE ASSEMBLY. THE REMAINING THREE MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR WITHOUT RECOMMENDATION. ANY MEMBER APPOINTED
TO A TERM ON THE BOARD SHALL HAVE EXPERIENCE IN ONE OR MORE OF THE
FOLLOWING AREAS OF EXPERTISE: TRANSPORTATION AND RAILROAD INFRASTRUCTURE
PROJECTS, PUBLIC ADMINISTRATION, FINANCING OF INFRASTRUCTURE, ENGINEER-
ING, LAW, LAND USE, URBAN AND REGIONAL PLANNING, MANAGEMENT OF LARGE
CAPITAL PROJECTS, LABOR RELATIONS, OR HAVE EXPERIENCE IN SOME OTHER AREA
OF ACTIVITY CENTRAL TO THE MISSION OF THE BOARD. THE GOVERNOR SHALL
SELECT A CHAIR FROM AMONG THE MEMBERS.
3. COMMISSION MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT AFTER THE EXPI-
RATION OF THE THIRTY DAY PERIOD, A MAJORITY OF THE APPOINTED MEMBERS
SHALL CONSTITUTE A QUORUM.
4. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING OTHERWISE THAN BY
EXPIRATION OF A TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEX-
PIRED TERM.
5. THE BOARD SHALL MEET PUBLICLY AT LEAST QUARTERLY AT THE TIMES AND
PLACES IN THE STATE THAT THE CHAIR DESIGNATES UNTIL THE FINAL REPORT IS
SUBMITTED.
6. MEMBERS OF THE BOARD, EXCEPT THE COMMISSIONER, SHALL BE ALLOWED THE
NECESSARY AND ACTUAL EXPENSES WHICH HE OR SHE SHALL INCUR IN THE
PERFORMANCE OF HIS OR HER DUTIES UNDER THIS ARTICLE.
7. THE GOVERNOR SHALL DESIGNATE AN EXECUTIVE DIRECTOR TO RENDER
ASSISTANCE AND SERVICE TO THE BOARD.
S 491. POWERS AND DUTIES OF THE BOARD. THE BOARD SHALL HAVE THE
FOLLOWING POWERS AND DUTIES:
1. TO PROVIDE THE DEPARTMENT WITH INPUT ON ENVIRONMENTAL IMPACT
STUDIES NECESSARY FOR PLANNING FOR A HIGH SPEED RAIL SYSTEM AND THE
DEVELOPMENT OF A TRANSPORTATION INVESTMENT PROGRAM;
2. TO SOLICIT AND RECEIVE PUBLIC AND STAKEHOLDER INPUT ON OPINIONS AND
PROPOSALS FOR BUILDING, DESIGNING, MAINTAINING, OPERATING AND FINANCING
A HIGH SPEED RAIL SYSTEM FOR THE STATE, WHICH SHALL INCLUDE A PROCESS
FOR SOLICITING AND RECEIVING TESTIMONY FROM INTERESTED PARTIES, A PROC-
ESS FOR RECEIVING PUBLIC COMMENTS, WHICH SHALL INCLUDE AT LEAST SIX
PUBLIC HEARINGS HELD IN REGIONALLY DIVERSE AREAS OF THE STATE AS DESIG-
NATED BY THE CHAIR, AND A PROCESS FOR PROVIDING PERIODIC PUBLIC REPORTS
AND UPDATES;
3. TO EVALUATE ALL AVAILABLE HIGH SPEED RAIL TECHNOLOGIES, SYSTEMS AND
OPERATORS, AND MAKE RECOMMENDATIONS ON AN APPROPRIATE HIGH SPEED RAIL
SYSTEM;
4. TO RESEARCH OPTIONS, IN COORDINATION WITH THE DEPARTMENT WITH
RESPECT TO AGREEMENTS WITH PRIVATE ENTITIES NECESSARY TO PERMIT HIGH
SPEED TRAINS, INCLUDING BUT NOT LIMITED TO AGREEMENTS RELATING TO TRACK
IMPROVEMENTS AND AGREEMENTS TO OPERATE A HIGH SPEED RAIL SYSTEM, AND TO
PROVIDE THE DEPARTMENT WITH RECOMMENDATIONS ON THE FORM SUCH AGREEMENT
SHOULD TAKE;
5. TO ADVISE AND WORK WITH THE DEPARTMENT ON MAKING APPLICATION FOR
ANY ADDITIONAL FUNDING THAT MAY BE AVAILABLE FOR THE DEVELOPMENT AND
OPERATION OF A HIGH SPEED RAIL SYSTEM IN THE STATE, PROVIDED, HOWEVER,
THAT NO SUCH FUNDING THAT REQUIRES A STATE MATCH OF FUNDS MAY BE SOUGHT
EXCEPT ON APPROVAL OF THE GOVERNOR AND THE DIRECTOR OF THE DIVISION OF
THE BUDGET;
6. TO MAKE A REPORT, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, TO THE GOVERNOR AND THE LEGISLATURE THAT WILL INCLUDE BUT NOT
S. 8268 3
BE LIMITED TO A FULLY DEVELOPED AND CONSENSUS PLAN FOR FINANCING OF HIGH
SPEED RAIL AND THE ORGANIZATIONAL ENTITY WHICH SHOULD OVERSEE AND OPER-
ATE NEW YORK STATE'S HIGH SPEED RAIL PROGRAM.
S 492. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE BOARD MAY REQUEST AND SHALL RECEIVE FROM ANY DEPART-
MENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE
OR ANY POLITICAL SUBDIVISION THEREOF OR ANY PUBLIC AUTHORITY SUCH
ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE BOARD PROPERLY TO
CARRY OUT ITS POWERS AND DUTIES HEREUNDER. THE GOVERNOR MAY DESIGNATE
STAFF FROM ANY STATE DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR
AGENCY TO ASSIST THE BOARD IN CARRYING OUT ITS DUTIES.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed three years after such effective date.
