S T A T E O F N E W Y O R K
________________________________________________________________________
6014
2009-2010 Regular Sessions
I N A S S E M B L Y
February 24, 2009
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Introduced by M. of A. GOTTFRIED, ESPAILLAT, COLTON, NOLAN, PHEFFER --
Multi-Sponsored by -- M. of A. ABBATE, CLARK, COOK, GLICK, JACOBS,
MAYERSOHN, MILLMAN, SEMINERIO, TOWNS -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the New York city charter and the public authorities
law, in relation to the jurisdiction of the fire department over the
metropolitan transportation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph and the closing paragraph of section
488 of the New York city charter are designated subdivisions a and b
and a new subdivision c is added to read as follows:
C. NOTWITHSTANDING ANY CONTRARY PROVISION OF STATE OR LOCAL LAW, THE
JURISDICTION OF THE COMMISSIONER UNDER THIS SECTION, AND THE APPLICATION
OF THE LAWS, RULES AND REGULATIONS THAT ARE TO BE ENFORCED BY THE
COMMISSIONER UNDER THIS SECTION, SHALL EXTEND TO THE METROPOLITAN TRANS-
PORTATION AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, ANY SUBSIDIARY
OF EITHER AUTHORITY, AND ANY FACILITIES OWNED, OPERATED, OR USED BY ANY
OF THEM, WITHIN THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT UNDER NO
CIRCUMSTANCES SHALL THE COMMISSIONER HAVE JURISDICTION OVER OR APPLY THE
LAWS, RULES AND REGULATIONS THAT ARE TO BE ENFORCED BY THE COMMISSIONER
UNDER THIS SECTION WITH RESPECT TO THE OPERATION OR USE OF LOCOMOTIVES
EQUIPPED WITH DIESEL FUELED ENGINES THAT ARE OPERATED BY THE LONG ISLAND
RAIL ROAD OR METRO NORTH COMMUTER RAILROAD OVER ANY RIGHT OF WAY OWNED
BY, LEASED TO, OR OTHERWISE UTILIZED BY SUCH RAILROADS PURSUANT TO
AGREEMENTS WITH OTHER RAILROADS. SUBJECT TO OTHER PROVISIONS OF LAW,
THIS CHARTER AND LOCAL LAW, THE COMMISSIONER MAY, BY REGULATION, MODIFY
OR WAIVE THE APPLICATION OF ANY SUCH LAW OR REGULATION UNDER THIS SUBDI-
VISION. THE COMMISSIONER MAY ALSO, BY AGREEMENT WITH ANY SUCH AUTHORITY
OR SUBSIDIARY, PROVIDE SUCH MODIFICATION OR WAIVER OR OTHER PROVISIONS
RELATING TO RESPONSIBILITY FOR FIRE SAFETY OR PREVENTION CONCERNING THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00787-01-9
A. 6014 2
FACILITIES OF THE AUTHORITY OR SUBSIDIARY. ANY SUCH MODIFICATION, WAIVER
OR AGREEMENT SHALL BE MADE UPON FINDINGS BY THE COMMISSIONER THAT IT IS
REASONABLY NECESSARY FOR THE EFFICIENT AND EFFECTIVE OPERATION OF THE
APPROPRIATE AUTHORITY OR SUBSIDIARY AND IS CONSISTENT WITH THE
PROTECTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE. THE COMMISSIONER
SHALL STUDY THE APPLICATION OF SUCH LAWS AND REGULATIONS TO THE AUTHORI-
TIES, SUBSIDIARIES AND FACILITIES, IN CONSULTATION WITH THE AUTHORITIES
AND SUBSIDIARIES, AND MAY, FROM TIME TO TIME MAKE RECOMMENDATIONS TO THE
MAYOR AND THE COUNCIL CONCERNING AMENDMENTS TO THIS CHARTER AND THE
ADMINISTRATIVE CODE RELATING THERETO.
S 2. The public authorities law is amended by adding a new section
1277-b to read as follows:
S 1277-B. JURISDICTION OF THE NEW YORK CITY FIRE DEPARTMENT. NOTWITH-
STANDING ANY CONTRARY PROVISION OF LAW, THE JURISDICTION OF THE FIRE
COMMISSIONER OF THE CITY OF NEW YORK, AND THE APPLICATION OF THE LAWS,
RULES AND REGULATIONS THAT ARE TO BE ENFORCED BY THE COMMISSIONER UNDER
SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE NEW YORK CITY CHARTER, SHALL
EXTEND TO THE METROPOLITAN TRANSPORTATION AUTHORITY, THE NEW YORK CITY
TRANSIT AUTHORITY, ANY SUBSIDIARY OF EITHER AUTHORITY, AND ANY FACILI-
TIES OWNED, OPERATED OR USED BY ANY OF THEM, WITHIN THE CITY OF NEW
YORK, TO THE EXTENT AND AS PROVIDED IN THAT SECTION.
S 3. This act shall take effect one year after it shall have become a
law.