Assembly Bill A9816

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

                                  9816

                          I N  A S S E M B L Y

                            January 29, 2010
                               ___________

Introduced  by  M.  of  A.  TEDISCO, AMEDORE, JORDAN, McDONOUGH, POWELL,
  RAIA, TOBACCO -- Multi-Sponsored by --  M.  of  A.  BARCLAY,  BURLING,
  BUTLER,  CALHOUN,  CROUCH,  ERRIGO,  FINCH,  HAYES,  MOLINARO, O'MARA,
  THIELE, TOWNSEND -- read once and referred to the Committee on  Trans-
  portation

AN  ACT  to  amend  the public authorities law, in relation to requiring
  legislative approval of increases in fees, rentals and charges for the
  use of the thruway system

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

  Section 1. Subdivision 8 of section 354 of the public authorities law,
as  amended  by  chapter  766  of the laws of 1992, is amended and a new
subdivision 8-a is added to read as follows:
  8. Subject to agreements with noteholders or bondholders AND  LEGISLA-
TIVE  APPROVAL  PURSUANT  TO SUBDIVISION EIGHT-A OF THIS SECTION, to fix
and collect such fees, rentals and charges for the use  of  the  thruway
system  or  any  part  thereof necessary or convenient, with an adequate
margin of safety, to produce sufficient revenue to meet the  expense  of
maintenance  and  operation  and  to fulfill the terms of any agreements
made with the holders of its notes or bonds, and to establish the rights
and privileges granted upon payment  thereof;  provided,  however,  that
tolls may only be imposed for the passage through locks and lift bridges
by  vessels which are propelled in whole or in part by mechanical power;
and provided further that no tolls shall be imposed or  collected  prior
to the first day of April, nineteen hundred ninety-three.
  8-A. LEGISLATIVE APPROVAL. THE AUTHORITY SHALL SUBMIT A WRITTEN REPORT
TO  THE  LEGISLATURE  AT LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE
WHEN ANY PROPOSED INCREASE IN FEES, RENTALS AND CHARGES FOR THE  USE  OF
THE  THRUWAY  SYSTEM  IS  SCHEDULED  TO  TAKE  EFFECT. SUCH REPORT SHALL
INCLUDE JUSTIFICATION FOR THE PROPOSED INCREASE, AND INFORMATION SETTING
FORTH THE CURRENT FINANCIAL CONDITION OF THE AUTHORITY. THE  LEGISLATURE
MAY  REQUIRE  ANY ADDITIONAL DATA OR INFORMATION THAT IT DEEMS NECESSARY
IN SUCH REPORT.  IF THE LEGISLATURE, OR THE APPROPRIATE COMMITTEES THER-
EOF, UPON REVIEW OF THE REPORT SUBMITTED TO IT BY THE  AUTHORITY,  FINDS

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

                                                           LBD15395-01-0

A. 9816                             2

THAT  THE  PROPOSED INCREASES ARE NOT CONVENIENT OR NECESSARY TO PRODUCE
SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND  OPERATION  OF
INFRASTRUCTURE  EXISTING PRIOR TO ANY PROPOSED INCREASE THEN NO PROPOSED
INCREASE  SHALL  TAKE  EFFECT  UNTIL APPROVED BY A MAJORITY VOTE OF EACH
HOUSE OF THE LEGISLATURE.  PROVIDED, HOWEVER, THAT LEGISLATIVE  APPROVAL
SHALL  NOT BE REQUIRED TO FIX AND COLLECT SUCH FEES, RENTALS AND CHARGES
FOR THE USE OF THE THRUWAY SYSTEM OR ANY PART THEREOF, TO PRODUCE SUFFI-
CIENT REVENUE TO FULFILL THE TERMS OF ANY AGREEMENTS,  FORMED  PRIOR  TO
THE EFFECTIVE DATE OF THIS SUBDIVISION, WITH THE HOLDERS OF ITS NOTES OR
BONDS.
  S  2.    Severability.  If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion 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 3. This act shall take effect immediately.