Senate Bill S6267

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

                                  6267

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            November 4, 2009
                               ___________

Introduced  by  Sens. SALAND, BONACIC, LARKIN, LEIBELL -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Rules

AN  ACT to amend the public authorities law and the tax law, in relation
  to requiring the metropolitan transportation authority to  renegotiate
  the joint service operating agreement with the state of Connecticut

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

  Section 1. Legislative findings and intent. The legislature recognizes
that transit riders within the counties of Dutchess, Orange, Putnam  and
Rockland  comprise  only one percent of the combined population of these
counties; only ten percent of all Metro-North Commuter  Railroad  riders
and only two tenths of one percent of New York city subway riders.
  The  legislature  further recognizes that under chapter 25 of the laws
of 2009, these four counties have been mandated to contribute more  than
ninety million dollars in added revenues to the metropolitan transporta-
tion  authority  to  supplement  the  two  hundred  seventy-five million
dollars in county payments already being made  to  the  authority  every
year.
  The  legislature acknowledges that this level of payment totaling over
three hundred sixty-five million dollars annually or close to thirty-two
thousand dollars per transit rider reflects an unfair  burden  on  resi-
dents  of these counties in which the overwhelming majority of residents
receive no transit services from the metropolitan transportation author-
ity at all.
  The legislature further recognizes that twenty-six percent  of  Metro-
North  Commuter  Railroad  transit  riders are Connecticut residents who
were not asked to contribute to the metropolitan transportation authori-
ty operating deficit bailout formulated under chapter 25 of the laws  of
2009.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14970-02-9

              

S. 6267                             2

  It  is  not  the  intent of the legislature within this legislation to
negatively impact the level  of  revenue  flowing  to  the  metropolitan
transportation  authority.  It  is  however  the legislature's intent to
ensure fairness to the residents of the counties  of  Dutchess,  Orange,
Putnam and Rockland by eliminating the metropolitan commuter transporta-
tion  tax imposed upon the residents of these four counties; and requir-
ing the metropolitan transportation authority to renegotiate  the  joint
service  operating  agreement  between  the  authority  and the state of
Connecticut to reflect equity based on utilization.
  S 2. Section 1266 of the public authorities law is amended by adding a
new subdivision 19 to read as follows:
  19. THE AUTHORITY IS REQUIRED BY MARCH THIRTY-FIRST, TWO THOUSAND  TEN
TO:
  (A)  RENEGOTIATE THE JOINT SERVICE AGREEMENT BETWEEN THE AUTHORITY AND
THE STATE OF CONNECTICUT RELATED TO THE OPERATION OF THE METRO-NORTH NEW
HAVEN LINE TO (I)  REQUIRE  CONNECTICUT  TO  SET  NEW  HAVEN  LINE  FARE
INCREASES  AT LEVELS NECESSARY TO SUSTAIN EQUIVALENT FARE LEVELS BETWEEN
NEW YORK STATE RESIDENTS RIDING THE METRO-NORTH  COMMUTER  RAILROAD  AND
CONNECTICUT  RESIDENTS  RIDING  THE  METRO-NORTH COMMUTER RAILROAD, (II)
REQUIRE THAT CONNECTICUT OPERATING DEFICIT  SUBSIDY  PAYMENTS  SHALL  BE
BASED  ON  CONNECTICUT  RESIDENT UTILIZATION OF THE METRO-NORTH COMMUTER
RAILROAD AND CONNECTICUT RESIDENT UTILIZATION OF THE NEW YORK CITY TRAN-
SIT AUTHORITY WITH SUCH SUBSIDIES TO BE DETERMINED  BY  MULTIPLYING  THE
CONNECTICUT  RESIDENT UTILIZATION PERCENTAGES FOR THE METRO-NORTH COMMU-
TER RAILROAD AND THE NEW YORK CITY TRANSIT AUTHORITY BY  THE  RESPECTIVE
BASELINE  OPERATING DEFICIT OF THESE OPERATING ENTITIES PRIOR TO SUBSIDY
ADJUSTMENTS AND PRIOR TO INCREASED REVENUES PROVIDED TO THE AUTHORITY BY
NEW YORK STATE RESIDENTS PURSUANT TO PAYMENTS MANDATED BY CHAPTER  TWEN-
TY-FIVE OF THE LAWS OF TWO THOUSAND NINE, AND (III) PROVIDE FOR RETROAC-
TIVE  LUMP  SUM  PAYMENTS  DUE  FROM THE STATE OF CONNECTICUT RELATED TO
CALENDAR YEAR TWO THOUSAND NINE; OR
  (B) REDUCE SERVICES AND EXPENSES RELATED TO THE METRO-NORTH NEW  HAVEN
LINE  OPERATION  BY  AN  AMOUNT  WHICH PRODUCES RECURRING SAVINGS TO THE
AUTHORITY WHICH ARE EQUIVALENT TO THE INCREASED JOINT SERVICE  AGREEMENT
PAYMENTS  WHICH WOULD BE DETERMINED UNDER PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  S 3. Subdivision (a) of section 800  of  the  tax  law,  as  added  by
section  1  of  part  C of chapter 25 of the laws of 2009, is amended to
read as follows:
  (a) Metropolitan commuter transportation  district.  The  metropolitan
commuter  transportation  district  ("MCTD") means the area of the state
included in the district created and governed by section twelve  hundred
sixty-two  of  the  public  authorities  law, PROVIDED HOWEVER, THAT THE
COUNTIES OF DUTCHESS, ORANGE, PUTNAM AND ROCKLAND SHALL BE EXCLUDED FROM
THIS DISTRICT FOR THE PURPOSES OF THIS ARTICLE AND ANY  REVENUES  PREVI-
OUSLY  COLLECTED  FROM WITHIN THESE COUNTIES SHALL BE REIMBURSED TO EACH
PAYOR BY MARCH THIRTY-FIRST, TWO THOUSAND TEN.
  S 4. This act shall take effect immediately.