S T A T E O F N E W Y O R K
________________________________________________________________________
2040
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
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Introduced by M. of A. TEDISCO, AMEDORE, JORDAN, McDONOUGH, RAIA, TOBAC-
CO -- Multi-Sponsored by -- M. of A. BARCLAY, BURLING, BUTLER,
CALHOUN, CROUCH, FINCH, HAYES, MOLINARO, THIELE -- read once and
referred to the Committee on Transportation
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01945-01-1
A. 2040 2
IN SUCH REPORT. IF THE LEGISLATURE, OR THE APPROPRIATE COMMITTEES THER-
EOF, UPON REVIEW OF THE REPORT SUBMITTED TO IT BY THE AUTHORITY, FINDS
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.