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

                                  1604

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to the power  of
  the metropolitan transportation authority to increase rates and fees

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

  Section 1. The public authorities law  is  amended  by  adding  a  new
section 1279-c to read as follows:
  S  1279-C.  FEE  INCREASES;  PUBLIC HEARINGS. 1. THE AUTHORITY MAY NOT
IMPLEMENT OR INCREASE RATES, FEES, SURCHARGES OR OTHER COSTS TO  PASSEN-
GERS OR THOSE WHO PARK AT FACILITIES OWNED OR CONTROLLED BY THE AUTHORI-
TY  WITHOUT A PUBLIC HEARING. IF THE RATE, FEE, SURCHARGE, OR OTHER COST
IS REASONABLY EXPECTED TO IMPACT INDIVIDUALS FROM MORE THAN ONE  COUNTY,
THE  AUTHORITY  SHALL HOLD A PUBLIC HEARING IN EACH SUCH COUNTY PROVIDED
THE AUTHORITY HAS OR CONTROLS PROPERTY RELATING TO THE PROVISION OF RAIL
SERVICES IN SUCH COUNTY IN THE STATE OF NEW YORK.
  2. IN CONDUCTING THE PUBLIC HEARINGS REQUIRED UNDER SUBDIVISION ONE OF
THIS SECTION, THE AUTHORITY SHALL, PRECEDING THE PUBLIC HEARINGS,  PRES-
ENT  TO  ANY  PERSONS PRESENT THE DETAILS OF ANY RATE, FEE, SURCHARGE OR
OTHER COST BEING ESTABLISHED AND INCREASED, SHALL  PROVIDE  IN  DETAILED
FASHION  WHAT THE AUTHORITY PLANS TO DO WITH THE RECEIPTS OF THAT ESTAB-
LISHED OR INCREASED RATE, FEE,  SURCHARGE,  OR  OTHER  COST,  AND  SHALL
EXPLAIN  IN  DETAILED FASHION THE CURRENT FISCAL STATUS OF THE AUTHORITY
AND WHY EXISTING FUNDS OF THE AUTHORITY ARE NOT BEING USED TO ACCOMPLISH
THE  PURPOSES  THAT  THE  NEWLY  ESTABLISHED  OR  INCREASED  RATE,  FEE,
SURCHARGE, OR OTHER COST SHALL PAY FOR.
  3. NO PUBLIC HEARING PROVIDED FOR IN THIS SECTION SHALL BE REQUIRED TO
BE STENOGRAPHICALLY RECORDED IF AN AUDIO RECORDING IS INSTEAD UNDERTAKEN
BY  THE AUTHORITY PROVIDED SUCH AUDIO TAPE SHALL BE RETAINED BY A PERIOD
OF NOT LESS THAN FIVE YEARS AND DURING THE PENDENCY OF ANY CIVIL  ACTION

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

                                                           LBD02376-01-9

A. 1604                             2

FILED  UNDER  THE  CIVIL  PRACTICE LAW AND RULES, AND ANY APPEAL OF SUCH
ACTION RELATING TO THE SUBJECT MATTER OF THE PUBLIC HEARING. ALL  PUBLIC
HEARINGS  CONDUCTED  BY  THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE
NOTICED  TO  THE  EXTENT THAT THE AUTHORITY SHALL ENDEAVOR TO NOTIFY THE
MEDIA IN THE COUNTIES WHERE SUCH HEARINGS ARE  PLANNED  TO  OCCUR.  SUCH
NOTICE  SHALL BE PROVIDED TO THE MEDIA IN A MANNER REASONABLY CALCULATED
TO DRAW TO THE MEDIA'S ATTENTION THE PUBLIC HEARING AT  LEAST  ONE  WEEK
BEFORE  THE  HEARING  TAKES PLACE. THE INADVERTENT FAILURE TO NOTIFY ALL
MEDIA OR THE FAILURE OF THE MEDIA TO PUBLICIZE THE PUBLIC HEARINGS SHALL
NOT INVALIDATE ANY RATE CHANGE, FEE, SURCHARGE OR OTHER COST ADOPTED  BY
THE  AUTHORITY  SO  LONG  AS THE AUTHORITY CAN DEMONSTRATE TO A COURT OF
COMPETENT JURISDICTION THAT IT TOOK  ACTIONS  REASONABLY  CALCULATED  TO
NOTIFY  THE  MEDIA AND THAT THE MEDIA HAD KNOWLEDGE OF SUCH PUBLIC HEAR-
INGS.
  S 2.  This act shall take effect on the thirtieth day after  it  shall
have become a law.