senate Bill S1450A

2011-2012 Legislative Session

Creates the Peconic Bay regional transportation authority

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jan 31, 2012 print number 1450a
amend and recommit to transportation
Jan 04, 2012 referred to transportation
Jan 07, 2011 referred to transportation

Bill Amendments

Original
A (Active)
Original
A (Active)

S1450 - Bill Details

See Assembly Version of this Bill:
A1403A
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Add Art 5 Title 11-E §§1349-a - 1349-y, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S7036, A4665A

S1450 - Bill Texts

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Creates the Peconic Bay Regional Transportation Authority, embracing the towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton, and Southold in the county of Suffolk.

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BILL NUMBER:S1450

TITLE OF BILL:
An act
to amend the public authorities law, in relation to the creation of the
Peconic Bay regional transportation authority

PURPOSE:
This bill would create the Peconic Bay Regional Transportation
Authority.

SUMMARY OF PROVISIONS:
Article 5 of the public authorities law is amended by adding a new
title 11-E

JUSTIFICATION:
The East End of Long Island possesses a unique infrastructure and
population. Local towns and residents have had a longstanding
disappointment with the Long Island Rail Road and its inaction and
inattentiveness to problems on the East End. It is the goal of this
legislation to create a regional transportation authority that is
familiar with and can concentrate on local, regional transportation
matters. Its purpose will be the continuance, further development and
improvement of transportation and other related services.

The Peconic Bay regional transportation district shall be comprised of
the Towns of Brookhaven, East Hampton, Riverhead, Southampton,
Shelter Island, Southampton and Southold. The six members of the
Authority would be the town supervisors (or their appointed designee)
of each of these towns - one of which would be elected chairperson by
the members.

The Authority will be responsible for the preparation of a plan
relating to the continuance, further development and improvement of
transportation and other related services of the District.
The plan would discuss transportation alternatives including, but not
limited to, creation of park and rail facilities, establishment of
shuttle trains, addition of more nonstop trains from New York City to
the Peconic Bay and reconfiguration of the county-wide bus system,

LEGISLATIVE HISTORY:
2010 - S.7036

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first day of January next succeeding
the date on which it shall have become a law.

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

    S. 1450                                                  A. 1403

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion

IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY --  Multi-Sponsored
  by  -- M. of A. ENGLEBRIGHT -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to the  creation
  of the Peconic Bay regional transportation authority

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

  Section 1. Article 5 of the  public  authorities  law  is  amended  by
adding a new title 11-E to read as follows:
                               TITLE 11-E
              PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY
SECTION 1349-A. SHORT TITLE.
        1349-B. DEFINITIONS.
        1349-C. PECONIC BAY REGIONAL TRANSPORTATION DISTRICT.
        1349-D. PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY.
        1349-E. PURPOSES OF THE AUTHORITY.
        1349-F. FORMULATION,  FILING AND ADOPTION OF MASTER PLAN; AMEND-
                  MENTS.
        1349-G. FILING FIVE  YEAR  PERFORMANCE,  CAPITAL  AND  OPERATING
                  FINANCE PLANS.
        1349-H. GENERAL POWERS OF THE AUTHORITY.
        1349-I. SPECIAL POWERS OF THE AUTHORITY.
        1349-J. ACQUISITION AND DISPOSITION OF REAL PROPERTY.
        1349-K. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
        1349-L. NOTES AND BONDS OF THE AUTHORITY.
        1349-M. RESERVE FUNDS AND APPROPRIATIONS.
        1349-N. AGREEMENT OF THE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03743-01-1

S. 1450                             2                            A. 1403

        1349-O. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
        1349-P. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.
        1349-Q. NOTES AND BONDS AS LEGAL INVESTMENT.
        1349-R. EXEMPTION FROM TAXATION.
        1349-S. ACTIONS AGAINST THE AUTHORITY.
        1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES.
        1349-U. INTEREST   OF  MEMBERS  OR  EMPLOYEES  OF  AUTHORITY  IN
                  CONTRACTS PROHIBITED.
        1349-V. FISCAL YEAR.
        1349-W. CONSENT BY THE STATE.
        1349-X. SEPARABILITY.
        1349-Y. EFFECT OF INCONSISTENT PROVISIONS.
  S 1349-A. SHORT TITLE. THIS TITLE MAY BE CITED  AS  THE  "PECONIC  BAY
REGIONAL TRANSPORTATION AUTHORITY ACT".
  S  1349-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
  1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION  THIRTEEN
HUNDRED FORTY-NINE-D OF THIS TITLE.
  2. "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE PECONIC BAY
REGIONAL  TRANSPORTATION  DISTRICT  CREATED  BY SECTION THIRTEEN HUNDRED
FORTY-NINE-C OF THIS TITLE.
  3. "PARTICIPATING TOWN" SHALL MEAN ANY OF THE TOWNS DEFINED IN SECTION
THIRTEEN HUNDRED FORTY-NINE-C OF THIS TITLE.
  4. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES OF  AMERICA,  AND
ANY  OFFICER,  DEPARTMENT,  BOARD,  COMMISSION, BUREAU, DIVISION, CORPO-
RATION, AGENCY OR INSTRUMENTALITY THEREOF.
  5. "GOVERNOR" SHALL MEAN THE GOVERNOR OF THE STATE OF NEW YORK.
  6. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE OF NEW YORK.
  7. "DIRECTOR OF THE BUDGET" SHALL MEAN THE DIRECTOR OF THE  BUDGET  OF
THE STATE OF NEW YORK.
  8. "STATE" SHALL MEAN THE STATE OF NEW YORK.
  9.  "STATE  AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD, COMMIS-
SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
TALITY OF THE STATE.
  10. "MUNICIPALITY" SHALL MEAN A CITY,  TOWN,  VILLAGE  OR  COUNTY  NOT
WHOLLY CONTAINED WITHIN A CITY.
  11.  "MUNICIPAL  CORPORATION" SHALL MEAN A CITY, TOWN, VILLAGE, COUNTY
NOT WHOLLY CONTAINED WITHIN A  CITY,  SPECIAL  TRANSPORTATION  DISTRICT,
PUBLIC  BENEFIT  CORPORATION OR OTHER PUBLIC CORPORATION, OR TWO OR MORE
OF THE FOREGOING ACTING JOINTLY.
  12. "PERSONAL PROPERTY" SHALL MEAN CHATTELS AND OTHER TANGIBLE  THINGS
OF A MOVABLE OR REMOVABLE NATURE.
  13.  "PROPERTY" SHALL MEAN BOTH REAL AND PERSONAL PROPERTY.
  14.  "MASTER  PLAN"  SHALL  MEAN  AN ACTION PLAN FOR IMPLEMENTATION OF
IMPROVEMENTS TO SUCH MEANS OF PUBLIC TRANSPORTATION AND RELATED SERVICES
BY OMNIBUS, RAILROAD AND MARINE AND AVIATION FACILITIES AS THE AUTHORITY
MAY CONTEMPLATE WITHIN THE PECONIC BAY REGIONAL TRANSPORTATION  DISTRICT
TO EFFECTUATE THE PURPOSES OF THIS TITLE.
  15. "JOINT SERVICE ARRANGEMENT" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
THE  AUTHORITY  AND  ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
ANY STATE AGENCY, THE FEDERAL GOVERNMENT, ANY OTHER STATE OR  AGENCY  OR
INSTRUMENTALITY  THEREOF,  ANY  PUBLIC  AUTHORITY  OF  THIS OR ANY OTHER
STATE, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE, RELAT-
ING TO PROPERTY, BUILDINGS,  STRUCTURES,  FACILITIES,  SERVICES,  RATES,
FARES,  CLASSIFICATIONS,  DIVISIONS,  ALLOWANCES  OR  CHARGES (INCLUDING
CHARGES BETWEEN OPERATORS OF  RAILROAD,  OMNIBUS,  MARINE  AND  AVIATION

S. 1450                             3                            A. 1403

FACILITIES),  OR  RULES  OR  REGULATIONS  PERTAINING  THERETO, FOR OR IN
CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
AND  IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION FACILITIES
LOCATED OUTSIDE THE DISTRICT.
  16. "PROJECT" SHALL MEAN ANY UNDERTAKING BY THE AUTHORITY  WITHIN  THE
DISTRICT  INCLUDING BUT NOT LIMITED TO PORT OR HARBOR FACILITIES, TRANS-
PORTATION PROPERTIES, ACCESS AND SERVICE ROADS AND  BRIDGES,  EQUIPMENT,
APPURTENANCES,  UTILITIES,  AIRPORT FACILITIES AND ANY OTHER IMPROVEMENT
UNDER AUTHORITY JURISDICTION WITHIN THE REGIONAL DISTRICT.
  17. "FACILITY" SHALL MEAN, AMONG OTHER THINGS, SUCH PROPERTIES, STRUC-
TURES, APPURTENANCES, UTILITIES, TERMINALS, WHARFS, DOCKS, PIERS,  RAIL-
ROAD TRACKAGE, WAREHOUSES, ELEVATORS, EQUIPMENT FOR HANDLING FREIGHT AND
PASSENGERS  AND  VEHICLES AND SUCH OTHER WORKS, PROPERTIES, BUILDINGS OR
ALLIED ITEMS NECESSARY OR  DESIRABLE  IN  CONNECTION  WITH  DEVELOPMENT,
OPERATION, MAINTENANCE OR IMPROVEMENT OF PORT, AIRPORT AND PUBLIC TRANS-
PORTATION  NEEDS  FOR THE ACCOMMODATION, SAFETY OR COMFORT OF THE PUBLIC
AND COMMERCIAL ENTERPRISE FOR THE REGIONAL TRANSPORTATION DISTRICT.
  18. "EQUIPMENT" SHALL MEAN ROLLING STOCK,  OMNIBUSES,  VEHICLES,  AIR,
MARINE  OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, AND OTHER INSTRUMEN-
TALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
  19. "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE  OPER-
ATED  BY  CARRIERS  SUBJECT  TO  THE  JURISDICTION OF THE PUBLIC SERVICE
COMMISSION, ENGAGED  IN  THE  TRANSPORTATION  OF  PASSENGERS  AND  THEIR
BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
TO  JOINT  SERVICE  ARRANGEMENTS,  AND  EQUIPMENT,  PROPERTY, BUILDINGS,
STRUCTURES, IMPROVEMENTS, LOADING OR  UNLOADING  AREAS,  PARKING  AREAS,
BERTHING FACILITIES OR OTHER FACILITIES, NECESSARY, CONVENIENT OR DESIR-
ABLE  FOR  THE ACCOMMODATION OF SUCH MOTOR VEHICLES OR THEIR PASSENGERS,
INCLUDING BUT NOT LIMITED TO BUILDINGS, STRUCTURES  AND  AREAS  NOTWITH-
STANDING  THAT  PORTIONS MAY NOT BE DEVOTED TO ANY OMNIBUS PURPOSE OTHER
THAN THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES  OF
ALL OR ANY FACILITIES OF THE AUTHORITY.
  20.  "RAILROAD  FACILITIES" SHALL MEAN RIGHT-OF-WAY AND RELATED TRACK-
AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
COMMUNICATION AND VENTILATION SYSTEMS, POWER  PLANTS,  STATIONS,  TERMI-
NALS,  STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT AND
PARTS, OFFICES AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD  FOR  OR
INCIDENTAL  TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY RAIL-
ROAD OPERATING OR TO OPERATE  BETWEEN  POINTS  WITHIN  THE  DISTRICT  OR
PURSUANT  TO  JOINT  SERVICE  ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO
BUILDINGS, STRUCTURES, AND AREAS NOTWITHSTANDING THAT  PORTIONS  THEREOF
MAY  NOT BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION OF
REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR  ANY  FACILITIES
OF THE AUTHORITY.
  21.  "REAL  PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES, FRANCHISES AND
INTERESTS IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN  RIGHTS  AND  ANY
AND  ALL  THINGS  AND  RIGHTS INCLUDED WITHIN SAID TERM AND INCLUDES NOT
ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER INTERESTS  INCLUD-
ING  BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES, LEASES, LICENSES
AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY  ESTATE,  INTEREST  OR
RIGHT,  LEGAL  OR EQUITABLE, INCLUDING TERMS FOR YEARS AND LIENS THEREON
BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
  22. "MARINE AND AVIATION FACILITIES" SHALL MEAN  EQUIPMENT  AND  CRAFT
FOR THE TRANSPORTATION OF PASSENGERS, MAIL AND CARGO BETWEEN POINTS FROM
AND  TO  AND  WITHIN  THE DISTRICT OR PURSUANT TO JOINT SERVICE ARRANGE-

S. 1450                             4                            A. 1403

MENTS, BY MARINE CRAFT AND AIRCRAFT  OF  ALL  TYPES  INCLUDING  BUT  NOT
LIMITED  TO  HYDROFOILS,  FERRIES,  LIGHTERS, TUGS, BARGES, HELICOPTERS,
AMPHIBIANS, SEAPLANES OR OTHER CONTRIVANCES NOW  OR  HEREAFTER  USED  IN
NAVIGATION OR MOVEMENT ON WATERWAYS OR IN THE NAVIGATION OF OR FLIGHT IN
AIRSPACE. IT SHALL ALSO MEAN ANY AIRPORT FACILITY WITHIN THE TRANSPORTA-
TION DISTRICT, INCLUDING BUT NOT LIMITED TO ANY FACILITY OR REAL PROPER-
TY  NECESSARY,  CONVENIENT  OR  DESIRABLE  FOR  THE LANDING, TAKING OFF,
ACCOMMODATION OR SERVICING OF SUCH  AIRCRAFT,  AND  SHALL  INCLUDE  SUCH
FACILITIES,  PROPERTY,  STRUCTURES AND APPURTENANCES AS MAY BE NECESSARY
OR CONVENIENT IN THE OPERATION, MAINTENANCE, DEVELOPMENT OR  IMPROVEMENT
OF AIRPORTS INCLUDING FACILITIES, PROPERTY, STRUCTURES, AND APPURTENANC-
ES, LEASED BY THE AUTHORITY TO PERSONS, FIRMS OR CORPORATIONS ENGAGED IN
AIR  TRANSPORTATION OR THE PRODUCTION OR DEVELOPMENT OF MATERIALS, GOODS
OR EQUIPMENT FOR AIRPORTS OR AIR TRANSPORTATION OR IN PROVIDING  FACILI-
TIES  FOR  THE  ACCOMMODATION, SAFETY OR COMFORT OF THE TRAVELING PUBLIC
AND FOR PURPOSES RELATED OR INCIDENTAL TO ONE OR MORE OF  THE  FOREGOING
PURPOSES.  IT  SHALL  ALSO  MEAN  PORT  FACILITIES IN THE TRANSPORTATION
DISTRICT INCLUDING, BUT NOT LIMITED TO, (A) ONE OR  MORE  DOCKS,  ELEVA-
TORS,  WHARVES,  PIERS,  BULKHEADS,  SLIPS,  BASINS,  HARBORS,  RAILROAD
CONNECTIONS, SIDE TRACKS  OR  SIDINGS,  FREIGHT  TERMINALS,  WAREHOUSES,
BRIDGES,  TUNNELS,  AND  AREAS FOR STORAGE OF CARGOES, MATERIALS, GOODS,
WARES, AND MERCHANDISE OF ANY  KIND  AND  FOR  THE  LOADING,  UNLOADING,
INTERCHANGE OR TRANSFER OF ANY SUCH CARGOES, MATERIALS, GOODS, WARES AND
MERCHANDISE; (B) OTHER BUILDINGS, STRUCTURES, FACILITIES OR IMPROVEMENTS
NECESSARY  TO  ACCOMMODATE STEAMSHIPS OR OTHER VESSELS AND THEIR CARGOES
OR PASSENGERS; AND (C) ALL REAL AND PERSONAL PROPERTY, DRIVEWAYS, ROADS,
APPROACHES, MECHANICAL EQUIPMENT AND ALL  APPURTENANCES  AND  FACILITIES
EITHER  ON, ABOVE OR UNDER THE GROUND WHICH ARE NECESSARY, CONVENIENT OR
DESIRABLE FOR THE DEVELOPMENT, CONTROL AND OPERATION OF PORT  FACILITIES
IN THE TRANSPORTATION DISTRICT.
  23. "TRANSPORTATION FACILITY" SHALL MEAN ANY RAILROAD, OMNIBUS, MARINE
OR  AVIATION  FACILITY AND ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR
CORPORATION WHICH OWNS, LEASES OR OPERATES  ANY  SUCH  FACILITY  OR  ANY
OTHER  FACILITY  USED  FOR  SERVICE IN THE TRANSPORTATION OF PASSENGERS,
UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER FOR HIRE AND
ANY PORTION THEREOF AND THE RIGHTS, LEASEHOLDS OR OTHER INTEREST THEREIN
TOGETHER WITH ROUTES, TRACKS,  EXTENSIONS,  CONNECTIONS,  PARKING  LOTS,
GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND REPAIR SHOPS,
TERMINALS,  STATIONS  AND OTHER RELATED FACILITIES THEREOF, THE DEVICES,
APPURTENANCES, AND EQUIPMENT THEREOF AND POWER PLANTS AND OTHER  INSTRU-
MENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
  24.  "COMMISSIONER"  SHALL  MEAN COMMISSIONER OF TRANSPORTATION OF THE
STATE OF NEW YORK.
  S 1349-C. PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. THERE IS HERE-
BY CREATED AND ESTABLISHED A TRANSPORTATION DISTRICT TO BE KNOWN AS  THE
PECONIC  BAY  REGIONAL  TRANSPORTATION  DISTRICT.  THIS  DISTRICT  SHALL
EMBRACE THE  TOWNS  OF  BROOKHAVEN,  EAST  HAMPTON,  RIVERHEAD,  SHELTER
ISLAND,  SOUTHAMPTON,  AND SOUTHOLD IN THE COUNTY OF SUFFOLK. THE TRANS-
PORTATION DISTRICT SHALL ALSO INCLUDE ALL LANDS AND WATER AND ALL  LANDS
UNDER WATER AND ALL RIVERS, BAYS AND HARBORS, WITHIN ANY OF THE TOWNS OF
SAID DISTRICT.
  S  1349-D.  PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY. 1. THERE IS
HEREBY CREATED THE PECONIC BAY REGIONAL  TRANSPORTATION  AUTHORITY.  THE
AUTHORITY  SHALL  BE  A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC
BENEFIT CORPORATION.  IT SHALL CONSIST OF SIX MEMBERS  WITH  ONE  MEMBER
FROM EACH TOWN IN THE REGIONAL TRANSPORTATION DISTRICT.  THE TOWN SUPER-

S. 1450                             5                            A. 1403

VISOR OF EACH TOWN, OR A DESIGNATED REPRESENTATIVE APPOINTED BY THE TOWN
SUPERVISOR SHALL BE A MEMBER. THE MEMBERS SHALL ELECT ONE OF ITS MEMBERS
AS CHAIRPERSON.
  2.  THE  MEMBERS  OF  THE  AUTHORITY,  INCLUDING  THE CHAIR, SHALL NOT
RECEIVE A SALARY OR OTHER  COMPENSATION  WHEN  RENDERING  SERVICE  AS  A
MEMBER  OF  THE AUTHORITY OR AS A MEMBER OF ONE OF ITS SUBSIDIARY CORPO-
RATIONS, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
  3. A MAJORITY OF THE WHOLE NUMBER OF VOTES OF MEMBERS OF THE AUTHORITY
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS OR  THE  EXER-
CISE  OF  ANY  POWER  OF THE AUTHORITY. EXCEPT AS OTHERWISE SPECIFIED IN
THIS TITLE, FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE  OF  ANY
POWER  OF  THE  AUTHORITY,  THE  AUTHORITY  SHALL HAVE POWER TO ACT BY A
MAJORITY VOTE OF THE MEMBERS PRESENT AT ANY MEETING AT WHICH A QUORUM IS
IN ATTENDANCE. EACH MEMBER OF THE AUTHORITY SHALL HAVE ONE VOTE.
  4. THE AUTHORITY SHALL  BE  A  "STATE  AGENCY"  FOR  THE  PURPOSES  OF
SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  5.  THE  AUTHORITY  SHALL  CONTINUE  SO LONG AS IT SHALL HAVE BONDS OR
OTHER OBLIGATIONS OUTSTANDING AND UNTIL ITS EXISTENCE  SHALL  BE  TERMI-
NATED  BY  LAW.  UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE STATE.
  S 1349-E. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE  AUTHORITY
SHALL  BE THE CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF TRANS-
PORTATION AND OTHER SERVICES RELATED  THERETO  WITHIN  THE  PECONIC  BAY
REGIONAL  TRANSPORTATION DISTRICT, BY RAILROAD, OMNIBUS, MARINE AND AIR,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
  2. IT IS HEREBY FOUND AND DECLARED  THAT  SUCH  PURPOSES  ARE  IN  ALL
RESPECTS  FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND THE
AUTHORITY SHALL BE REGARDED  AS  PERFORMING  AN  ESSENTIAL  GOVERNMENTAL
FUNCTION  IN  CARRYING  OUT  ITS  PURPOSES  AND IN EXERCISING THE POWERS
GRANTED BY THIS TITLE.
  S 1349-F. FORMULATION, FILING AND ADOPTION OF MASTER PLAN; AMENDMENTS.
THE AUTHORITY SHALL FORMULATE A MASTER PLAN  FOR  TRANSPORTATION  WITHIN
THE  DISTRICT.  IN  FORMULATING  SUCH  MASTER  PLAN, THE AUTHORITY SHALL
CONSULT AND COOPERATE WITH THE COMMISSIONER AND PLANNING AUTHORITIES  IN
THE  AREAS OF ITS OPERATIONS, AND SHALL UTILIZE STATE, LOCAL OR REGIONAL
TRANSPORTATION PLANNING. THE AUTHORITY SHALL REQUEST  AND  USE  EXISTING
STUDIES,  PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER
DEVELOPMENT BY ANY STATE AGENCY OR MUNICIPALITY OR POLITICAL SUBDIVISION
OF THE STATE. THE AUTHORITY SHALL FILE COPIES  OF  SUCH  PLAN  WITH  THE
COMMISSIONER,  THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARD OF EACH
TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, AND THE LEGISLATURE OF
THE COUNTY OF SUFFOLK. THE PLAN SHALL CONTAIN INFORMATION REGARDING  THE
TRANSPORTATION  SYSTEM  THAT  THE AUTHORITY INTENDS TO PROVIDE INCLUDING
INFORMATION REGARDING THE FACILITIES CONNECTED THEREWITH,  THE  SERVICES
THE  AUTHORITY  CONTEMPLATES  PROVIDING  AND THE ESTIMATED COSTS AND THE
PROPOSED METHOD OF FINANCING. DURING SIXTY DAYS AFTER THE FILING OF  THE
MASTER  PLAN  WITH THE COMMISSIONER, IN THE OFFICE OF THE SUFFOLK COUNTY
PLANNING BOARD, WITH THE TOWN BOARDS OF THE TOWNS  WITHIN  THE  REGIONAL
TRANSPORTATION  DISTRICT, AND WITH THE LEGISLATURE OF SUFFOLK COUNTY, AS
AFORESAID, SAID PLAN SHALL BE AVAILABLE FOR  PUBLIC  INSPECTION  AT  THE
OFFICE OR OFFICES OF THE AUTHORITY AND AT SUCH OTHER PLACES IN THE TOWNS
AFFECTED,  WITHIN  THE  DISTRICT,  AS  THE  AUTHORITY MAY DESIGNATE. NOT
EARLIER THAN THIRTY DAYS AFTER THE FILING OF SAID MASTER PLAN  WITH  THE
COMMISSIONER,  THE  SUFFOLK  COUNTY PLANNING BOARD, THE TOWN BOARDS, AND
THE LEGISLATURE OF SUFFOLK COUNTY, A PUBLIC HEARING ON SAID PLANS  SHALL

S. 1450                             6                            A. 1403

BE  HELD  BY THE AUTHORITY.   NOTICE OF SUCH A HEARING SHALL BE GIVEN TO
THE COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD,  THE  TOWN  BOARDS,
AND THE LEGISLATURE OF THE COUNTY OF SUFFOLK, AS AFORESAID AND BY PUBLI-
CATION  ONCE  A WEEK FOR TWO WEEKS PRIOR TO THE SAID HEARING AT THE TIME
AND PLACE FIXED BY THE AUTHORITY IN NEWSPAPERS  OF  GENERAL  CIRCULATION
WITHIN  THE  AREAS  AFFECTED,  TO BE SELECTED BY THE AUTHORITY. THE LAST
PUBLICATION DATE SHALL NOT BE LESS THAN FIVE DAYS BEFORE  SAID  HEARING.
WITHIN  THIRTY  DAYS  FOLLOWING SAID PUBLIC HEARING, THE AUTHORITY SHALL
PROVIDE A TRANSCRIPT OF SUCH HEARING TO THE  COMMISSIONER,  THE  SUFFOLK
COUNTY PLANNING BOARD, EACH TOWN BOARD, AND THE LEGISLATURE OF THE COUN-
TY  OF  SUFFOLK AS AFORESAID, TOGETHER WITH ANY AMENDMENTS THE AUTHORITY
MAY PROPOSE TO THE MASTER PLAN. THE AUTHORITY SHALL REQUEST APPROVAL  OF
THE MASTER PLAN, INCLUDING SUCH AMENDMENTS AS THE AUTHORITY MAY PROPOSE,
FROM  EACH  TOWN BOARD AND THE COMMISSIONER. ANY PART OF SAID PLAN WHICH
IS DISAPPROVED BY A TOWN BECAUSE IT  ALTERS  EXISTING  SERVICES  OR  THE
FINANCING  THEREOF  WITHIN  SAID  TOWN  SHALL NOT BECOME OPERATIVE. THIS
DISAPPROVAL OF PART OR PARTS OF THE PLAN SHALL NOT MAKE THE ENTIRE  PLAN
INOPERATIVE.  ANY  PART OF SAID PLAN WHICH IS DISAPPROVED BY THE COMMIS-
SIONER BECAUSE IT CONFLICTS WITH A STATE-WIDE COMPREHENSIVE MASTER  PLAN
FOR  TRANSPORTATION,  OR  IN  THE  ABSENCE  OF SUCH PLANS, WOULD HAVE AN
ADVERSE EFFECT UPON SOUND TRANSPORTATION DEVELOPMENT  POLICY  AND  PLAN-
NING,  SHALL  NOT  BECOME OPERATIVE. IF THE SAID TOWN BOARDS FAIL TO ACT
WITHIN SAID SIXTY DAYS OR IN THE CASE OF THE COMMISSIONER  WITHIN  FORTY
DAYS AFTER APPROVAL IS REQUESTED, SAID FAILURE SHALL BE DEEMED APPROVAL,
AND  THE  AUTHORITY  MAY ADOPT THE MASTER PLAN BY A MAJORITY VOTE OF ITS
MEMBERSHIP AND MAY INCLUDE CHANGES, IF ANY, RECOMMENDED BY  THE  COMMIS-
SIONER,  PLANNING  BOARD  OR  TOWN BOARD. THE MASTER PLAN MAY BE AMENDED
FROM TIME TO TIME IN THE SAME MANNER USING THE  PROCEDURES  OUTLINED  IN
THIS  SECTION  FOR  THE  ORIGINAL ADOPTION, EXCEPT THAT PROPOSED CHANGES
MADE BY THE AUTHORITY UPON RECOMMENDATIONS  OF  THE  COMMISSIONER,  SAID
TOWN  BOARDS  OR  SUFFOLK COUNTY PLANNING BOARD IN THE FIRST PLAN MAY BE
EMBODIED OR CONTINUED BY A MAJORITY VOTE OF THE AUTHORITY WITHOUT  ADDI-
TIONAL  HEARINGS  THEREON  AS REQUIRED FOR THE AMENDMENTS PROPOSED TO BE
MADE.
  S 1349-G. FILING FIVE YEAR PERFORMANCE, CAPITAL AND OPERATING  FINANCE
PLANS.  1.  (A)  ON  OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, AND
ANNUALLY THEREAFTER ON OR BEFORE  JANUARY  FIRST,  THE  AUTHORITY  SHALL
ADOPT  AN OPERATIONAL PERFORMANCE PLAN FOR THE FIVE-YEAR PERIOD COMMENC-
ING JANUARY FIRST. THE PLAN SHALL SET OPERATIONAL PERFORMANCE PLAN GOALS
AND OBJECTIVES, AND SHALL ESTABLISH PERFORMANCE  INDICATORS  TO  MEASURE
STANDARDS  OF  SERVICE  AND OPERATIONS. THE PERFORMANCE INDICATORS SHALL
INCLUDE: REVENUE PASSENGERS, TOTAL PASSENGERS,  REVENUE  VEHICLE  MILES,
REVENUE  VEHICLE  HOURS, NUMBER OF EMPLOYEES BY DEPARTMENT, VEHICLE MEAN
DISTANCE  BETWEEN  FAILURES,  ON-TIME  PERFORMANCE  FOR  TOTAL   SERVICE
PROVIDED,  THE COST PER PASSENGER, THE COST PER REVENUE VEHICLE MILE AND
THE OPERATING-REVENUE-TO-COST RATIO.
  (B) QUARTERLY REPORTS SHALL BE PREPARED FOR AUTHORITY MEMBERS ON OPER-
ATING PERFORMANCE. THE FIRST SUCH REPORT  SHALL  COVER  THE  THREE-MONTH
PERIOD  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND THIRTEEN AND SHALL BE
SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF  JANUARY,
APRIL,  JULY,  AND  OCTOBER  OF  EACH YEAR. THE REPORT SHALL COMPARE THE
PERFORMANCE INDICATORS FOR THE MOST RECENT QUARTER AND THE  YEAR-TO-DATE
PERFORMANCE  INDICATORS  WITH  THE SAME TIME PERIOD IN THE PREVIOUS YEAR
WITH THE ANNUAL GOALS ESTABLISHED PURSUANT TO THIS SUBDIVISION.

S. 1450                             7                            A. 1403

  2. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, AND ANNUALLY
THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL ADOPT A CAPI-
TAL PROGRAM PLAN FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY FIRST.  THE
PLAN SHALL CONTAIN THE CAPITAL PROGRAM, SEPARATELY ITEMIZED.
  (B)  THE  PLAN  SHALL SET GOALS AND OBJECTIVES BY FUNCTION FOR CAPITAL
SPENDING, ESTABLISH STANDARDS FOR SERVICE AND OPERATION,  DESCRIBE  EACH
CAPITAL PROJECT TO BE INITIATED IN EACH OF THE YEARS COVERED BY THE PLAN
AND  EXPLAIN HOW EACH PROPOSED PROJECT SUPPORTS THE GOALS AND OBJECTIVES
AND THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN THE PERFORMANCE
PLAN. THE PLAN SHALL LIST SEPARATELY BY FUNCTION THOSE PROJECTS CONTRIB-
UTING TO THE MAINTENANCE OF THE SYSTEM INFRASTRUCTURE AND THOSE INTENDED
TO ENHANCE THE SYSTEM. THE PLAN SHALL ALSO INCLUDE AN ESTIMATED COST FOR
EACH PROJECT AND SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL  FUNDING
REQUIRED  FOR  EACH  YEAR  OF  THE PLAN AND THE EXPECTED SOURCES OF SUCH
FUNDING. IT SHALL ALSO INCLUDE A PROJECT SCHEDULE FOR THE INITIATION AND
COMPLETION OF EACH PROJECT. EACH PLAN SUBSEQUENT TO THE FIRST SUCH  PLAN
SHALL  DESCRIBE  THE  CURRENT STATUS OF EACH CAPITAL PROJECT WHICH HAS A
TOTAL ESTIMATED COST OF ONE HUNDRED THOUSAND DOLLARS OR MORE  AND  WHICH
WAS INCLUDED IN THE PREVIOUSLY ADOPTED PLAN.
  (C)  IN ADDITION TO THE ANNUAL UPDATE, A QUARTERLY CAPITAL PLAN STATUS
REPORT SHALL BE PROVIDED TO THE AUTHORITY MEMBERS AND SHALL INCLUDE, BUT
NOT BE LIMITED TO, A DESCRIPTION OF ANY MATERIAL CHANGE  IN  THE  SCOPE,
COST, FUNDING OR TIME OF INITIATION OR COMPLETION OF A PROJECT WHICH HAS
A  TOTAL  ESTIMATED  COST  OF  ONE  HUNDRED THOUSAND DOLLARS OR MORE, AS
ADOPTED IN THE PLAN.  THE FIRST SUCH REPORT SHALL COVER THE  THREE-MONTH
PERIOD  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND THIRTEEN AND SHALL BE
SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF  JANUARY,
APRIL, JULY, AND OCTOBER OF EACH YEAR.
  3. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, AND ANNUALLY
THEREAFTER  ON  OR  BEFORE  JANUARY  FIRST, THE AUTHORITY SHALL ADOPT AN
OPERATING FINANCE PLAN  FOR  THE  FIVE-YEAR  PERIOD  COMMENCING  JANUARY
FIRST.  THE  PLAN  SHALL INCLUDE THE ANNUAL ESTIMATED OPERATING COST FOR
EACH FUNCTION. THE PLAN SHALL INCLUDE THE PROPOSED METHOD  OF  FINANCING
FOR  THE  LEVEL  OF  SERVICE DEFINED FOR EACH YEAR OF THE PLAN AND SHALL
FULLY ALLOCATE THE AUTHORITY'S GENERAL COSTS TO EACH OF THE ABOVE  SEPA-
RATE  FUNCTIONS. THE PLAN SHALL PROVIDE A NARRATIVE DESCRIBING THE OVER-
ALL FINANCIAL CONDITION OF THE OPERATING BUDGET OF THE AUTHORITY.
  (B) IN ADDITION TO  THE  ANNUAL  UPDATE,  QUARTERLY  OPERATING  BUDGET
REPORTS  SHALL  BE  PREPARED  FOR THE AUTHORITY MEMBERS ON THE FINANCIAL
CONDITION OF EACH OF THE AUTHORITY'S FUNCTIONS. THE  FIRST  SUCH  REPORT
SHALL  COVER  THE THREE-MONTH PERIOD COMMENCING JANUARY FIRST, TWO THOU-
SAND THIRTEEN AND SHALL BE SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE
END OF THE QUARTER. THEREAFTER, QUARTERLY REPORTS SHALL BE SUBMITTED  ON
THE  LAST  DAY  OF  JANUARY,  APRIL, JULY, AND OCTOBER OF EACH YEAR. THE
REPORTS SHALL INCLUDE A BUDGETARY COMPARISON OF THE MOST RECENT  QUARTER
AND  YEAR-TO-DATE  ACTUAL  REVENUE  AND  EXPENDITURES WITH THE SAME TIME
PERIOD IN THE PREVIOUS YEAR AND WITH THE PROJECTIONS FOR THAT TIME PERI-
OD BASED ON THE BOARD APPROVED BUDGET.
  4. ANY AND ALL REPORTS, INCLUDING INTERIM REPORTS, SHALL BE  SUBMITTED
TO  THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE COMMISSIONER AND THE
TOWN BOARD OF EACH TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, THE
PRESIDENT AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
THE ASSEMBLY.
  S  1349-H.  GENERAL  POWERS  OF THE AUTHORITY. 1.  EXCEPT AS OTHERWISE
LIMITED BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:

S. 1450                             8                            A. 1403

  (A) TO SUE AND BE SUED;
  (B) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (C)  TO  BORROW MONEY AND ISSUE NEGOTIABLE NOTES, BONDS OR OTHER OBLI-
GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF;
  (D) TO INVEST ANY FUNDS HELD IN  RESERVE  OR  SINKING  FUNDS,  OR  ANY
MONIES NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION
OF  THE  AUTHORITY,  IN  OBLIGATIONS  OF  THE STATE OR THE UNITED STATES
GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE  GUAR-
ANTEED  BY THE STATE OR THE UNITED STATES GOVERNMENT; OR CERTIFICATES OF
DEPOSIT OF BANKS OR TRUST COMPANIES OR IN  BANK  OR  TRUST  ACCOUNTS  OF
BANKS  IN  THIS STATE, SECURED BY OBLIGATIONS OF THE UNITED STATES OR OF
THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT
OF THE DEPOSIT;
  (E) TO MAKE AND  ALTER  BY-LAWS  FOR  ITS  ORGANIZATION  AND  INTERNAL
MANAGEMENT,  AND  RULES  AND  REGULATIONS  GOVERNING THE EXERCISE OF ITS
POWERS AND THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
  (F) TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL  INSTRUMENTS
NECESSARY OR CONVENIENT;
  (G)  TO  ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
EXERCISE OF ITS POWERS;
  (H) TO APPOINT A GENERAL MANAGER, WHO SHALL SERVE AT THE  PLEASURE  OF
THE  AUTHORITY,  AND  SUCH OFFICERS AND EMPLOYEES THAT THE AUTHORITY MAY
REQUIRE FOR THE PERFORMANCE OF ITS DUTIES,  AND  TO  FIX  AND  DETERMINE
THEIR  QUALIFICATIONS,  DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY
COUNSEL, AUDITORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS
OR  OTHERWISE  FOR  RENDERING  PROFESSIONAL,  MANAGEMENT  OR   TECHNICAL
SERVICES AND ADVICE; SUCH GENERAL MANAGER, COUNSEL, AUDITORS, ENGINEERS,
AND  PRIVATE  CONSULTANTS, OFFICERS AND EMPLOYEES MAY NOT BE A MEMBER OF
THE AUTHORITY;
  (I) (1) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE RETIREMENT
AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
ITY AND ANY OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE  OR  PROVIDE  TO
ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
OTHER  BENEFITS  PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL PURSUANT TO
FEDERAL OR STATE  LAW.  NOTWITHSTANDING  ANY  PROVISIONS  OF  THE  CIVIL
SERVICE  LAW, NO OFFICER OR EMPLOYEE OF A SUBSIDIARY CORPORATION, OF THE
AUTHORITY, OTHER THAN A PUBLIC BENEFIT SUBSIDIARY CORPORATION, SHALL  BE
A PUBLIC OFFICER OR A PUBLIC EMPLOYEE;
  (2)  THE  AUTHORITY  AND  ANY  OF ITS PUBLIC BENEFIT SUBSIDIARY CORPO-
RATIONS MAY BE A "PARTICIPATING EMPLOYER" IN THE NEW YORK STATE  EMPLOY-
EES'  RETIREMENT  SYSTEM WITH RESPECT TO ONE OR MORE CLASSES OF OFFICERS
AND EMPLOYEES OF SUCH AUTHORITY OR ANY SUCH  PUBLIC  BENEFIT  SUBSIDIARY
CORPORATION,  AS  MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY OR ANY
SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE,  OR  ANY
SUBSEQUENT AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY
HIM  OR  HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL
SECURITY LAW. IN TAKING ANY  ACTION  PURSUANT  TO  THIS  PARAGRAPH,  THE
AUTHORITY  AND  ANY  OF ITS PUBLIC BENEFIT SUBSIDIARY CORPORATIONS SHALL
CONSIDER THE COVERAGES AND BENEFITS CONTINUED OR  PROVIDED  PURSUANT  TO
SUBPARAGRAPH ONE OF THIS PARAGRAPH;
  (J)  TO  MAKE  PLANS,  SURVEYS,  AND  STUDIES NECESSARY, CONVENIENT OR
DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
  (K) TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
THE AUTHORITY MAY BE NECESSARY, CONVENIENT OR DESIRABLE FOR THE  PURPOSE
OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY

S. 1450                             9                            A. 1403

PURPOSE  AUTHORIZED BY THIS TITLE, THE AUTHORITY BEING LIABLE FOR ACTUAL
DAMAGES DONE;
  (L)  THE  AUTHORITY  MAY  CONDUCT  INVESTIGATIONS  AND HEARINGS IN THE
FURTHERANCE OF ITS GENERAL PURPOSES, AND IN AID THEREOF HAVE  ACCESS  TO
ANY  BOOKS,  RECORDS OR PAPERS RELEVANT THERETO; AND IF ANY PERSON WHOSE
TESTIMONY SHALL BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES  OF
THE AUTHORITY SHALL FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY IN THE
CONDUCT  OF  ANY  INVESTIGATION  OR  HEARING, OR TO PRODUCE ANY RELEVANT
BOOKS, RECORDS OR OTHER PAPERS, THE AUTHORITY IS AUTHORIZED TO APPLY FOR
PROCESS OF SUBPOENA, TO ISSUE OUT  OF  ANY  COURT  OF  GENERAL  ORIGINAL
JURISDICTION WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
  (M)  TO  DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE;
  (N) TO ENTER INTO COLLECTIVE BARGAINING AGREEMENTS WITH  LABOR  REPRE-
SENTATIVES DULY ELECTED BY THE EMPLOYEES OF THE AUTHORITY; AND
  (O) TO INSURE OR PROVIDE FOR THE INSURANCE  OF THE AUTHORITY'S PROPER-
TY OR OPERATIONS AS REQUIRED BY LAW AND ALSO AGAINST SUCH OTHER RISKS AS
THE AUTHORITY MAY DEEM ADVISABLE.
  2.  THE  AUTHORITY SHALL FILE IN THE OFFICE OF THE COMMISSIONER ANNUAL
REPORTS, AFTER THE CLOSE OF EACH OF THE AUTHORITY'S FISCAL YEARS,  WHICH
SHALL BE OPEN TO PUBLIC INSPECTION. SUCH REPORTS SHALL INCLUDE, IN ADDI-
TION  TO ANY INFORMATION WHICH THE COMMISSIONER MAY REQUIRE, A STATEMENT
WITH RESPECT TO ITS OPERATIONS INCLUDING THE FOLLOWING DATA:
  (A) COST BREAKDOWN OF REAL PROPERTY ACQUIRED;
  (B) COST BREAKDOWN IN APPROPRIATE UNITS OF FACILITIES ACQUIRED;
  (C) OPERATING REVENUES; AND
  (D) OPERATING EXPENSES.
  THE AUTHORITY SHALL ALSO FILE COPIES OF SUCH  REPORTS  WITH  THE  TOWN
BOARD  OF  EACH  TOWN  WITHIN THE REGIONAL TRANSPORTATION DISTRICT WHERE
SUCH AUTHORITY OPERATES.
  S 1349-I. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE  THE
PURPOSES OF THIS TITLE:
  1.  THE  AUTHORITY  MAY  ACQUIRE,  BY PURCHASE, GIFT, GRANT, TRANSFER,
CONTRACT OR LEASE, OR CONDEMNATION, ANY TRANSPORTATION FACILITY, INCLUD-
ING PORT OR RELATED FACILITIES WHOLLY OR PARTIALLY  WITHIN  THE  PECONIC
BAY  REGIONAL  TRANSPORTATION  DISTRICT  OR ANY PART THEREOF, OR THE USE
THEREOF, AND MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS  AS  PROVIDED
IN  THIS  TITLE. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY  NOT  LESS
THAN A MAJORITY VOTE OF THE AUTHORITY.
  2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
DETERMINE   NECESSARY,   CONVENIENT   OR   DESIRABLE  ITSELF  ESTABLISH,
CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE,  EXTEND  OR
REPAIR  ANY SUCH TRANSPORTATION FACILITY, OR MAY PROVIDE FOR SUCH ESTAB-
LISHMENT,  CONSTRUCTION,  EFFECTUATION,  OPERATION,  MAINTENANCE,  RENO-
VATION,  IMPROVEMENT,  EXTENSION  OR REPAIR BY CONTRACT, LEASE, OR OTHER
ARRANGEMENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM  NECESSARY,  CONVEN-
IENT  OR  DESIRABLE  WITH  ANY  PERSON, INCLUDING BUT NOT LIMITED TO ANY
COMMON CARRIER OR FREIGHT FORWARDER, THE STATE, ANY  STATE  AGENCY,  THE
FEDERAL  GOVERNMENT, ANY OTHER STATE OR AGENCY OR INSTRUMENTALITY THERE-
OF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER  STATE  OR  ANY  POLITICAL
SUBDIVISION  OR MUNICIPALITY OF THE STATE. IN CONNECTION WITH THE OPERA-
TION OF ANY SUCH TRANSPORTATION FACILITY, THE AUTHORITY  MAY  ESTABLISH,
CONSTRUCT,  EFFECTUATE,  OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
REPAIR OR MAY PROVIDE BY CONTRACT, LEASE OR OTHER  ARRANGEMENT  FOR  THE
ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-

S. 1450                            10                            A. 1403

VATION,  IMPROVEMENT,  EXTENSION  OR  REPAIR OF ANY RELATED SERVICES AND
ACTIVITIES IT DEEMS NECESSARY, CONVENIENT OR  DESIRABLE,  INCLUDING  BUT
NOT  LIMITED TO THE TRANSPORTATION AND STORAGE OF FREIGHT AND THE UNITED
STATES MAIL, FEEDER AND CONNECTING TRANSPORTATION, PARKING AREAS, TRANS-
PORTATION CENTERS, PORTS, STATIONS AND RELATED FACILITIES.
  3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
LISHED,  LEVIED  AND  COLLECTED  AND,  IN  THE  CASE  OF A JOINT SERVICE
ARRANGEMENT, JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND  COLLECTION
OF  SUCH  FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY  THE  AUTHORITY
OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
OR  OTHER  ARRANGEMENT,  INCLUDING  JOINT SERVICE ARRANGEMENTS, WITH THE
AUTHORITY. ANY SUCH FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER  FEES
FOR  THE  TRANSPORTATION  OF PASSENGERS SHALL BE ESTABLISHED AND CHANGED
ONLY IF APPROVED BY RESOLUTION OF THE AUTHORITY ADOPTED BY NOT LESS THAN
A MAJORITY VOTE OF THE  AUTHORITY  AND  ONLY  AFTER  A  PUBLIC  HEARING,
PROVIDED  HOWEVER,  THAT  FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER
FEES FOR THE TRANSPORTATION OF PASSENGERS ON ANY TRANSPORTATION FACILITY
WHICH ARE IN EFFECT AT THE TIME THAT THE THEN OWNER OF SUCH  TRANSPORTA-
TION  FACILITY  BECOMES  A SUBSIDIARY CORPORATION OF THE AUTHORITY OR AT
THE TIME THAT OPERATION OF SUCH TRANSPORTATION FACILITY IS COMMENCED  BY
THE AUTHORITY OR IS COMMENCED UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT
INCLUDING  JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY MAY BE CONTIN-
UED IN EFFECT WITHOUT SUCH A HEARING. SUCH FARES, TOLLS, RENTALS, RATES,
CHARGES AND OTHER FEES SHALL BE ESTABLISHED AS MAY IN  THE  JUDGMENT  OF
THE  AUTHORITY  BE  NECESSARY TO MAINTAIN THE COMBINED OPERATIONS OF THE
AUTHORITY AND ITS SUBSIDIARY CORPORATIONS ON  A  SELF-SUSTAINING  BASIS.
THE  SAID OPERATIONS SHALL BE DEEMED TO BE ON A SELF-SUSTAINING BASIS AS
REQUIRED BY THIS TITLE, WHEN THE AUTHORITY IS ABLE TO PAY OR CAUSE TO BE
PAID FROM REVENUE AND ANY OTHER FUNDS OR PROPERTY ACTUALLY AVAILABLE  TO
THE  AUTHORITY  AND  ITS  SUBSIDIARY  CORPORATIONS (A) AS THE SAME SHALL
BECOME DUE, THE PRINCIPAL OF AND INTEREST ON THE  BONDS  AND  NOTES  AND
OTHER  OBLIGATIONS OF THE AUTHORITY AND OF SUCH SUBSIDIARY CORPORATIONS,
TOGETHER WITH THE MAINTENANCE OF PROPER RESERVES THEREFOR, (B) THE  COST
AND  EXPENSE  OF  KEEPING THE PROPERTIES AND ASSETS OF THE AUTHORITY AND
ITS SUBSIDIARY CORPORATIONS IN GOOD CONDITION AND REPAIR,  AND  (C)  THE
CAPITAL  AND  OPERATING  EXPENSES  OF  THE  AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS. THE AUTHORITY MAY CONTRACT WITH THE HOLDERS OF  BONDS  AND
NOTES  WITH  RESPECT  TO  THE  EXERCISE OF THE POWERS AUTHORIZED BY THIS
SECTION.
  4. THE AUTHORITY MAY ESTABLISH AND,  IN  THE  CASE  OF  JOINT  SERVICE
ARRANGEMENTS,  JOIN  WITH  OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE  CONDUCT  AND
SAFETY  OF  THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
FOR THE USE AND OPERATION OF ANY  TRANSPORTATION  FACILITY  AND  RELATED
SERVICES  OPERATED  BY  THE  AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER
ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH  THE  AUTHORITY.
SUCH  RULES  AND  REGULATIONS  GOVERNING  THE  CONDUCT AND SAFETY OF THE
PUBLIC SHALL BE FILED  WITH  THE  DEPARTMENT  OF  STATE  IN  THE  MANNER
PROVIDED BY SECTION ONE HUNDRED TWO OF THE EXECUTIVE LAW. IN THE CASE OF
ANY  CONFLICT  BETWEEN  ANY  SUCH  RULE  OR  REGULATION OF THE AUTHORITY
GOVERNING THE CONDUCT OR SAFETY OF THE PUBLIC AND ANY LOCAL  LAW,  ORDI-
NANCE,  RULE  OR  REGULATION,  SUCH  RULE OR REGULATION OF THE AUTHORITY
SHALL PREVAIL.  VIOLATION OF ANY SUCH RULE OR REGULATION OF THE AUTHORI-

S. 1450                            11                            A. 1403

TY GOVERNING THE CONDUCT OR THE SAFETY OF THE  PUBLIC  IN  OR  UPON  ANY
FACILITY  OF  THE  AUTHORITY  SHALL  CONSTITUTE  AN OFFENSE AND SHALL BE
PUNISHABLE BY A FINE NOT EXCEEDING FIFTY DOLLARS OR IMPRISONMENT FOR NOT
MORE THAN THIRTY DAYS OR BOTH.
  5.  THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR  REPAIR  ANY
OF  ITS  FACILITIES  THROUGH,  AND  CAUSE ANY ONE OR MORE OF ITS POWERS,
DUTIES, FUNCTIONS OR ACTIVITIES TO BE EXERCISED OR PERFORMED BY, ONE  OR
MORE  WHOLLY  OWNED  SUBSIDIARY  CORPORATIONS  OF  THE AUTHORITY AND MAY
TRANSFER TO OR FROM ANY SUCH CORPORATION ANY MONEYS,  REAL  PROPERTY  OR
OTHER  PROPERTY  FOR ANY OF THE PURPOSES OF THIS TITLE. THE DIRECTORS OR
MEMBERS OF EACH SUCH SUBSIDIARY CORPORATION SHALL BE  THE  SAME  PERSONS
HOLDING  THE  OFFICES  OF MEMBERS OF THE AUTHORITY. EACH SUCH SUBSIDIARY
CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS AND ACTIVITIES SHALL HAVE
ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND  OTHER  EXEMPTIONS
OF  THE  AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS AND ACTIV-
ITIES.  EACH  SUCH  SUBSIDIARY  CORPORATION  SHALL  BE  SUBJECT  TO  THE
RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. EACH
SUCH  SUBSIDIARY CORPORATION SHALL BE SUBJECT TO SUIT IN ACCORDANCE WITH
SECTION THIRTEEN HUNDRED FORTY-NINE-S OF THIS TITLE.  THE  EMPLOYEES  OF
ANY  SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE ALSO EMPLOYEES OF
THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE  AUTHORITY.  IF  THE
AUTHORITY  SHALL  DETERMINE  THAT  ONE  OR MORE OF ITS SUBSIDIARY CORPO-
RATIONS SHOULD BE IN THE FORM OF A PUBLIC BENEFIT CORPORATION, IT  SHALL
CREATE EACH SUCH PUBLIC BENEFIT CORPORATION BY EXECUTING AND FILING WITH
THE  SECRETARY  OF  STATE  A  CERTIFICATE OF INCORPORATION, WHICH MAY BE
AMENDED FROM TIME TO TIME BY FILING, WHICH SHALL SET FORTH THE  NAME  OF
SUCH  PUBLIC  BENEFIT SUBSIDIARY CORPORATION, ITS DURATION, THE LOCATION
OF ITS PRINCIPAL OFFICE, AND ANY OR ALL OF THE  PURPOSES  OF  ACQUIRING,
OWNING,  LEASING,  ESTABLISHING,  CONSTRUCTING, EFFECTUATING, OPERATING,
MAINTAINING, RENOVATING, IMPROVING, EXTENDING OR REPAIRING ONE  OR  MORE
FACILITIES  OF THE AUTHORITY. EACH SUCH PUBLIC BENEFIT SUBSIDIARY CORPO-
RATION SHALL BE A BODY POLITIC AND CORPORATE AND SHALL  HAVE  ALL  THOSE
POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF THIS TITLE WHICH THE
AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS CERTIFICATE OF INCORPORATION
EXCEPT  THE  POWER  TO CONTRACT INDEBTEDNESS.  WHENEVER ANY STATE, POLI-
TICAL SUBDIVISION, MUNICIPALITY, COMMISSION,  AGENCY,  OFFICER,  DEPART-
MENT,  BOARD,  DIVISION OR PERSON IS AUTHORIZED AND EMPOWERED FOR ANY OF
THE PURPOSES OF THIS TITLE TO COOPERATE AND ENTER INTO  AGREEMENTS  WITH
THE  AUTHORITY  SUCH STATE, POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION OR PERSON SHALL  HAVE
THE  SAME  AUTHORIZATION AND POWER FOR ANY OF SUCH PURPOSES TO COOPERATE
AND ENTER INTO AGREEMENTS WITH A SUBSIDIARY CORPORATION OF THE  AUTHORI-
TY.
  6.  THE  AUTHORITY,  IN  ITS OWN NAME OR IN THE NAME OF THE STATE, MAY
APPLY FOR AND RECEIVE AND ACCEPT GRANTS OF PROPERTY, MONEY AND  SERVICES
AND  OTHER  ASSISTANCE  OFFERED  OR  MADE AVAILABLE TO IT BY ANY PERSON,
GOVERNMENT OR AGENCY WHATEVER, WHICH IT MAY USE OR MEET CAPITAL OR OPER-
ATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF ITS POWERS, AND
TO NEGOTIATE FOR THE SAME UPON SUCH TERMS AND CONDITIONS AS THE AUTHORI-
TY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR DESIRABLE.
  7. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY,  CONVENIENT  OR
DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
TRANSPORTATION  FACILITIES,  EQUIPMENT  OR  REAL PROPERTY OPERATED BY OR
UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS
SPECIALLY PROVIDED IN THIS TITLE, NO MUNICIPALITY OR POLITICAL  SUBDIVI-

S. 1450                            12                            A. 1403

SION,  INCLUDING  BUT  NOT  LIMITED  TO A COUNTY, CITY, VILLAGE, TOWN OR
SCHOOL OR OTHER DISTRICT SHALL HAVE JURISDICTION OVER ANY FACILITIES  OF
THE  AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. IN THE OPERATION,
MAINTENANCE AND CONTROL OF ANY FACILITIES DEVOTED TO PURPOSES OTHER THAN
DIRECT  TRANSPORTATION  PURPOSES,  THE AUTHORITY SHALL BE SUBJECT TO ALL
LOCAL LAWS, RESOLUTIONS, ORDINANCES, RULES AND REGULATIONS OF A  MUNICI-
PALITY OR POLITICAL SUBDIVISION. EACH MUNICIPALITY OR POLITICAL SUBDIVI-
SION,  INCLUDING  BUT  NOT  LIMITED  TO A COUNTY, CITY, VILLAGE, TOWN OR
DISTRICT IN WHICH ANY FACILITIES OF  THE  AUTHORITY  ARE  LOCATED  SHALL
PROVIDE  FOR SUCH FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES
OF THE SAME CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESI-
DENTS OF SUCH MUNICIPALITY OR POLITICAL SUBDIVISION. THE  AUTHORITY  MAY
AGREE  WITH  THE STATE DEPARTMENT OF TRANSPORTATION FOR THE EXECUTION BY
SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR  ANY  GRADE
CROSSING  SEPARATION  RECONSTRUCTION PROJECT ALONG ANY RAILROAD FACILITY
OPERATED BY THE AUTHORITY OR BY ONE OF ITS  SUBSIDIARY  CORPORATIONS  OR
UNDER  CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
PROJECT SHALL BE EXECUTED AS PROVIDED IN THE GRADE CROSSING  ELIMINATION
ACT  AND  THE  RAILROAD  LAW,  RESPECTIVELY,  AND  THE COSTS OF ANY SUCH
PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHOR-
ITY'S SHARE OF SUCH COSTS SHALL BE BORNE BY THE STATE.
  8. THE AUTHORITY MAY ACCEPT UNCONDITIONAL GRANTS OF MONEY OR  PROPERTY
AS  SUBSIDY  PAYMENTS  FOR  EXPANSION  OF  SERVICE INTO AREAS WHERE SUCH
SERVICE WOULD NOT BE SELF-SUPPORTING. THE AUTHORITY MAY ACCEPT  UNCONDI-
TIONAL GRANTS OF MONEY OR PROPERTY FROM ANY CITY, VILLAGE, TOWN OR COUN-
TY  NOT  WHOLLY  CONTAINED  WITHIN A CITY THE WHOLE OR ANY PART OF WHICH
SHALL BE SERVED OR TO BE SERVED BY A TRANSPORTATION FACILITY OPERATED BY
THE AUTHORITY. SUCH GRANTS OF MONEY OR PROPERTY WOULD BE FOR THE PURPOSE
OF ASSISTING THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES.
THE ACCEPTANCE OF ANY SUCH GRANT SHALL NOT OPERATE TO MAKE THE AUTHORITY
AN AGENCY OF THE MUNICIPALITY MAKING THE GRANT. THE PROVISIONS  OF  THIS
SECTION  ARE  INTENDED  AS  ENABLING  LEGISLATION  ONLY AND SHALL NOT BE
INTERPRETED AS IMPLYING THAT ABSENT THEIR ENACTMENT AN  AUTHORITY  WOULD
LACK THE POWER TO ACCEPT SUCH GRANT OR SUBSIDY.
  9.  THE  AUTHORITY IS HEREBY DIRECTED TO PREPARE A TRANSPORTATION PLAN
FOR THE PECONIC BAY REGIONAL TRANSPORTATION DISTRICT.  SUCH  PLAN  SHALL
CONSIDER  BUT  NOT  BE  LIMITED TO THE FOLLOWING TRANSPORTATION ALTERNA-
TIVES:
  (A) ESTABLISHMENT  OF  PARK  AND  RAIL  STATIONS  AT  GABRESKI  COUNTY
AIRPORT,  WESTHAMPTON,  SOUTHAMPTON  COLLEGE,  SOUTHAMPTON, EAST HAMPTON
TOWN AIRPORT, EAST HAMPTON, AND MONTAUK;
  (B) ESTABLISHMENT OF SHUTTLE TRAINS FROM MONTAUK TO EAST HAMPTON, EAST
HAMPTON TO SOUTHAMPTON, AND SOUTHAMPTON TO  WESTHAMPTON,  UTILIZING  THE
EXISTING LONG ISLAND RAILROAD RIGHT-OF-WAY;
  (C) ADDITION OF MORE NON-STOP TRAINS FROM NEW YORK CITY TO THE PECONIC
BAY REGIONAL TRANSPORTATION DISTRICT ON A SEASONABLE AND WEEKEND BASIS;
  (D)  ESTABLISHMENT  OF  OUTLYING  PARKING  AREAS  AND SHUTTLE BUSES TO
REDUCE CONGESTION IN CENTRAL BUSINESS DISTRICTS;
  (E) ESTABLISHMENT  OF  A  HEALTH  AND  HUMAN  SERVICES  TRANSPORTATION
PROGRAM TO ASSIST SENIOR CITIZENS IN LOWER INCOME RESIDENTIAL AREAS;
  (F)  TRANSFER  OF AUTHORITY FOR THE ESTABLISHMENT OF SPEED LIMITS FROM
STATE TO LOCAL GOVERNMENT;
  (G) RECONFIGURATION OF THE COUNTY BUS SYSTEM TO COMPLEMENT NEW TRANSIT
OPTIONS SUCH AS PARK AND RAIL, SHUTTLE  TRAINS,  INCREASED  TRAINS,  AND
OUTLYING PARKING AREAS;
  (H) A BIKE PATH NETWORK; AND

S. 1450                            13                            A. 1403

  (I) PASSENGER FERRIES.
  10.  NOTWITHSTANDING  ANY  OF  THE ABOVE PROVISIONS, NO PROJECT MAY BE
UNDERTAKEN BY THE AUTHORITY UNLESS SUCH PROJECT IS A PART OF OR CONSIST-
ENT WITH THE ADOPTED MASTER PLAN.
  S 1349-J. ACQUISITION AND DISPOSITION OF REAL PROPERTY. 1. IN ADDITION
TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-H OF  THIS
TITLE TO ACQUIRE TRANSPORTATION FACILITIES, EQUIPMENT AND REAL PROPERTY,
THE  AUTHORITY  MAY  ACQUIRE,  BY  CONDEMNATION  PURSUANT TO THE EMINENT
DOMAIN  PROCEDURE  LAW  AND/OR  IN  ACCORDANCE  WITH  THE   CONDEMNATION
PROVISIONS  OF  SUBDIVISION  SEVEN OF THIS SECTION, ANY REAL PROPERTY IT
MAY DEEM NECESSARY, CONVENIENT, OR DESIRABLE TO EFFECTUATE  THE  PURPOSE
OF THIS TITLE, PROVIDED, HOWEVER, THAT ANY SUCH CONDEMNATION PROCEEDINGS
SHALL  BE  BROUGHT  ONLY IN THE SUPREME COURT AND THE COMPENSATION TO BE
PAID SHALL BE ASCERTAINED AND DETERMINED BY THE COURT  WITHOUT  A  JURY.
NOTWITHSTANDING  THE  FOREGOING  PROVISIONS OF THIS SUBDIVISION, NO REAL
PROPERTY MAY BE ACQUIRED BY THE AUTHORITY BY CONDEMNATION OR BY PURCHASE
FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS  THE  GOVERNING
BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
SHALL FIRST CONSENT TO SUCH ACQUISITION.
  2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
AUTHORITY  FROM  BRINGING  ANY PROCEEDINGS TO REMOVE A CLOUD ON TITLE OR
SUCH OTHER PROCEEDINGS AS IT MAY, IN ITS  DISCRETION,  DEEM  PROPER  AND
NECESSARY  OR  FROM  ACQUIRING  ANY  SUCH  PROPERTY  BY  NEGOTIATION  OR
PURCHASE.
  3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS  TO  CONDEMN
ANY  REAL  PROPERTY  FOR  ANY  OF  THE PURPOSES OF THIS TITLE REMAINS IN
POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING  OF  TITLE  IN
THE  CONDEMNOR,  THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
SUCH PROPERTY SUBSEQUENT TO SUCH TIME AS FIXED BY AGREEMENT  OR  BY  THE
COURT  IN  SUCH  PROCEEDINGS  OR  BY ANY COURT OF COMPETENT JURISDICTION
SHALL BE A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS  OF  RECORD
AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
  4.  TITLE  TO ALL PROPERTY ACQUIRED UNDER THIS TITLE SHALL VEST IN THE
AUTHORITY.
  5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE  INTER-
EST  OF  THE  AUTHORITY,  DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT  OR
DESIRABLE FOR ITS PURPOSES.
  6.  THE  AUTHORITY  MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
INTEREST OF THE AUTHORITY, RENT,  LEASE  OR  GRANT  EASEMENTS  OR  OTHER
RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
  7.  THE  AUTHORITY  MAY ADOPT THE FOLLOWING CONDEMNATION PROCEDURES. A
CERTIFIED COPY OF A RESOLUTION ADOPTED BY THE AUTHORITY AUTHORIZING  THE
ACQUISITION  AND IDENTIFYING AND DESCRIBING THE PROPERTY AND FRANCHISES,
IF ANY, SOUGHT TO BE ACQUIRED BY CONDEMNATION  SHALL  BE  FILED  IN  THE
OFFICE OF THE COUNTY CLERK OF THE COUNTY IN WHICH SUCH PROPERTY IS SITU-
ATED,  HELD OR MAINTAINED. A PETITION FOR AN ORDER VESTING TITLE TO SUCH
PROPERTY AND FRANCHISES, IF ANY, SOUGHT TO BE ACQUIRED  BY  CONDEMNATION
SHALL  SET  FORTH  A DESCRIPTION OF THE SAID PROPERTY AND FRANCHISES, IF
ANY, AND A PRAYER THAT TITLE  BE  VESTED  IN  THE  AUTHORITY,  SHALL  BE
PRESENTED,  UPON  NOTICE OF THE APPLICATION TO CONDEMN PUBLISHED IN FIVE
SUCCESSIVE ISSUES OF A PUBLICATION OF  GENERAL  CIRCULATION  WITHIN  THE
COUNTY  WHERE  SUCH  PROPERTY  AND FRANCHISES, IF ANY, ARE LOCATED, TO A
SPECIAL TERM OF THE SUPREME COURT HELD AT THE TIME AND  PLACE  SPECIFIED
IN SUCH NOTICE, WITHIN THE JUDICIAL DISTRICT IN WHICH THE PROPERTY BEING
ACQUIRED  OR  SOME PART THEREOF IS SITUATED. SUCH PROCEEDINGS SHALL HAVE

S. 1450                            14                            A. 1403

PRECEDENCE OVER ALL OTHER CASES ON THE CALENDAR OF SUCH COURT, ANY OTHER
PROVISION OF LAW TO THE CONTRARY NOTWITHSTANDING. UPON DUE PROOF TO  THE
SATISFACTION  OF  THE COURT OF THE FILING OF THE RESOLUTION AS DESCRIBED
IN THIS TITLE, SUCH COURT, NOT LATER THAN THREE DAYS AFTER THE PRESENTA-
TION  OF  THE  PETITION, SHALL THEREUPON ENTER AN ORDER VESTING TITLE TO
SUCH PROPERTY AND FRANCHISES, IF ANY, IN THE AUTHORITY. UPON SUCH  VEST-
ING  OF  TITLE THE AUTHORITY SHALL HAVE THE RIGHT TO ENTER UPON AND TAKE
POSSESSION OF SUCH PROPERTY. A  NOTICE  OF  SUCH  ACQUISITION  SHALL  BE
DIRECTED  TO  THE  OWNERS  OF  THE  PROPERTY  AND FRANCHISES, IF ANY, SO
ACQUIRED AND TO ANY OTHER PERSON OR PERSONS HAVING AN  ESTATE,  INTEREST
OR EASEMENT IN SUCH PROPERTY OR A LIEN, CHARGE OR ENCUMBRANCE THEREON BY
PERSONAL  SERVICE OR BY REGISTERED MAIL AT THE LAST KNOWN ADDRESS WITHIN
FIFTEEN DAYS AFTER SUCH VESTING OF TITLE. SUCH NOTICE  SHALL  SET  FORTH
SUCH  RESOLUTION,  THE  DATE OF THE SUBMISSION TO THE COURT, THE DATE OF
THE ORDER VESTING TITLE IN SUCH AUTHORITY AND SUCH OTHER MATTERS AS  THE
AUTHORITY MAY DETERMINE.
  8. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR THE PAYMENT OF THE
COST AND EXPENSE OF THE ACQUISITION THEREOF, THE DEPARTMENT OF TRANSPOR-
TATION  OF  THE  STATE OF NEW YORK, WHEN REQUESTED BY THE AUTHORITY, MAY
ACQUIRE SUCH REAL PROPERTY IN THE NAME OF THE STATE AS MAY BE DETERMINED
FROM TIME TO TIME BY THE AUTHORITY AS  BEING  NECESSARY,  CONVENIENT  OR
DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS TITLE, MAY REMOVE THE OWNER
OR  OCCUPANT  THEREOF  WHERE  NECESSARY, AND OBTAIN POSSESSION AND, WHEN
REQUESTED BY  THE  AUTHORITY,  MAY  DISPOSE  OF  ANY  REAL  PROPERTY  SO
ACQUIRED,  ALL  ACCORDING TO THE PROCEDURE PROVIDED IN SECTION THIRTY OF
THE HIGHWAY LAW AND PURSUANT TO THE  PROCEDURE  REQUIRED  UNDER  FEDERAL
LAW,  WHEN APPLICABLE. THE AUTHORITY SHALL HAVE THE RIGHT TO POSSESS AND
USE FOR ITS CORPORATE PURPOSES  ALL  SUCH  REAL  PROPERTY  SO  ACQUIRED.
CLAIMS  FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR LEGAL DAMAGES
CAUSED BY ANY SUCH APPROPRIATION SHALL BE  ADJUSTED  AND  DETERMINED  BY
SUCH  DEPARTMENT  WITH  THE APPROVAL OF THE AUTHORITY OR BY THE COURT OF
CLAIMS AS PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW AND AS  REQUIRED
BY  FEDERAL  LAW,  WHEN APPLICABLE. WHEN A CLAIM HAS BEEN FILED WITH THE
COURT OF CLAIMS, THE CLAIMANT SHALL CAUSE A COPY OF  SUCH  CLAIM  TO  BE
SERVED  UPON  THE AUTHORITY AND THE AUTHORITY SHALL HAVE THE RIGHT TO BE
REPRESENTED AND HEARD BEFORE SUCH COURT. ALL AWARDS AND JUDGMENTS  ARIS-
ING  FROM  SUCH  CLAIMS SHALL BE PAID OUT OF MONEYS OF THE AUTHORITY. NO
REAL PROPERTY MAY BE ACQUIRED PURSUANT TO THE PROVISIONS OF THIS SECTION
FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS  THE  GOVERNING
BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
SHALL FIRST CONSENT TO SUCH ACQUISITION.
  S  1349-K. COOPERATION AND ASSISTANCE OF OTHER AGENCIES. IN THE INTER-
EST OF ECONOMY AND TO PROMOTE COORDINATION OF  AUTHORITY  PROJECTS  WITH
STATE, LOCAL, COUNTY AND REGIONAL PLANS AND ALSO TO CARRY OUT THE OBJEC-
TIVE  OF  FULL  PARTICIPATION  OF  ALL  AGENCIES IN THE DEVELOPMENT OF A
TRANSPORTATION SYSTEM AND FACILITIES TO  MEET  THE  OBJECTIVES  OF  THIS
TITLE,  THE  AUTHORITY  SHALL  REQUEST  AND USE EXISTING STUDIES, MASTER
PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER  DEVELOP-
MENT BY ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OF
THE  STATE.  THE  AUTHORITY  SHALL  CONSULT  WITH AND COOPERATE WITH THE
COMMISSIONER AND WITH PLANNING AUTHORITIES IN THE  AREAS  OF  ITS  OPER-
ATIONS  AND  SHALL  UTILIZE  LOCAL  OR STATE PLANNING. WHEN A PROJECT IS
CONTEMPLATED BY THE AUTHORITY, THE AUTHORITY SHALL SUBMIT A  PRELIMINARY
PROSPECTUS  THEREOF TO THE COMMISSIONER FOR REVIEW AND COMMENT AND SHALL
CONSIDER THE REPORT OF THE COMMISSIONER IN  FORMULATING  DETAILED  PLANS
FOR SUCH PROJECT. WHEN A PROJECT IS CONTEMPLATED BY THE AUTHORITY WITHIN

S. 1450                            15                            A. 1403

THE  JURISDICTION  OF  ANY  SUFFOLK COUNTY PLANNING BOARD, THE AUTHORITY
SHALL PREPARE A PRELIMINARY PROSPECTUS THEREOF, DESCRIBING THE  PURPOSE,
GENERAL  LOCATION,  AND  NATURE  OF  THE PROJECT CONTEMPLATED, WITH SUCH
FURTHER  DATA  RELATIVE THERETO THAT THE AUTHORITY SHALL CONSIDER PERTI-
NENT. WITHIN SIXTY DAYS OF RECEIPT  OF  SUCH  PROSPECTUS  SUCH  PLANNING
BOARD  SHALL  PREPARE  A REPORT THEREON, COMMENTING ON ITS CONFORMITY OR
LACK OF CONFORMITY WITH ANY RELATED OFFICIAL PLAN OF THE  STATE  OR  ANY
OFFICIAL PLANNING AGENCY WITHIN THE REGION. SUCH REPORT SHALL BE CONSID-
ERED  BY THE AUTHORITY IN FORMULATING DETAILED PLANS FOR SUCH A PROJECT.
AT THE REQUEST OF THE  AUTHORITY,  EACH  SUCH  AGENCY,  MUNICIPALITY  OR
SUBDIVISION  WHICH  IS ENGAGED IN HIGHWAY OR OTHER TRANSPORTATION ACTIV-
ITIES OR IN LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS  CHARGED  WITH
THE  DUTY  OF PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY OR ANY
OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO  PROVIDE  THE  AUTHORITY
WITH  INFORMATION  REGARDING ITS PLANS AND PROGRAMS AFFECTING THE TRANS-
PORTATION DISTRICT SO THAT  THE  AUTHORITY  MAY  HAVE  AVAILABLE  TO  IT
CURRENT  INFORMATION WITH RESPECT THERETO. THE OFFICERS AND PERSONNEL OF
SUCH AGENCIES, MUNICIPALITIES OR SUBDIVISIONS, AND OF ANY OTHER  GOVERN-
MENT  OR AGENCY WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY UPON
SUCH ADVISORY COMMITTEES AS THE AUTHORITY SHALL DETERMINE TO CREATE  AND
SUCH  OFFICERS  AND  PERSONNEL  MAY  SERVE  UPON SUCH COMMITTEES WITHOUT
FORFEITURE OF OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE
COMPENSATION, STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
  S 1349-L. NOTES AND BONDS OF THE AUTHORITY. 1. (A) THE AUTHORITY SHALL
HAVE POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME  TO  BORROW  MONEY
AND  ISSUE  ITS NEGOTIABLE BONDS AND NOTES IN SUCH PRINCIPAL AMOUNT, AS,
IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY  TO  PROVIDE  SUFFI-
CIENT  FUNDS  FOR  ACHIEVING  ITS  PURPOSES,  INCLUDING THE ACQUISITION,
ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
VATION, IMPROVEMENT, EXTENSION OR REPAIR OF ANY TRANSPORTATION FACILITY,
THE PAYMENT OF INTEREST ON BONDS AND NOTES OF THE AUTHORITY,  ESTABLISH-
MENT  OF RESERVES TO SECURE SUCH BONDS AND NOTES, THE PROVISION OF WORK-
ING CAPITAL AND ALL OTHER EXPENDITURES OF THE AUTHORITY AND ITS  SUBSID-
IARY  CORPORATIONS  INCIDENT TO AND NECESSARY OR CONVENIENT TO CARRY OUT
THEIR PURPOSES AND POWERS;
  (B) THE AUTHORITY SHALL HAVE  POWER,  FROM  TIME  TO  TIME,  TO  ISSUE
RENEWAL NOTES, TO ISSUE BONDS TO PAY NOTES AND WHENEVER IT DEEMS REFUND-
ING EXPEDIENT, TO REFUND ANY BONDS BY THE ISSUANCE OF NEW BONDS, WHETHER
THE  BONDS  TO  BE REFUNDED HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS
PARTLY TO REFUND  BONDS  THEN  OUTSTANDING  AND  PARTLY  FOR  ANY  OTHER
PURPOSE.  THE  REFUNDING BONDS SHALL BE SOLD AND THE PROCEEDS APPLIED TO
THE PURCHASE, REDEMPTION OR PAYMENT OF THE BONDS TO BE REFUNDED;
  (C) EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED  BY  THE  AUTHORITY,
EVERY  ISSUE  OF  ITS NOTES OR BONDS SHALL BE GENERAL OBLIGATIONS OF THE
AUTHORITY PAYABLE OUT OF  ANY  REVENUES  OR  MONEYS  OF  THE  AUTHORITY,
SUBJECT  ONLY  TO ANY AGREEMENTS WITH THE HOLDERS OF PARTICULAR NOTES OR
BONDS PLEDGING ANY PARTICULAR RECEIPTS OR REVENUES;
  (D) WHETHER OR NOT THE NOTES OR BONDS ARE OF SUCH FORM  AND  CHARACTER
AS  TO  BE  NEGOTIABLE  INSTRUMENTS  UNDER  ARTICLE EIGHT OF THE UNIFORM
COMMERCIAL CODE, THE NOTES OR BONDS SHALL BE AND HEREBY ARE MADE NEGOTI-
ABLE INSTRUMENTS WITHIN THE MEANING OF AND FOR ALL THE PURPOSES OF ARTI-
CLE EIGHT OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO THE PROVISIONS
OF THE NOTES OR BONDS FOR REGISTRATION.
  2. THE NOTES AND BONDS SHALL BE AUTHORIZED BY RESOLUTION  APPROVED  BY
NOT  LESS THAN A MAJORITY VOTE OF THE AUTHORITY, SHALL BEAR SUCH DATE OR
DATES, AND SHALL MATURE AT SUCH TIME OR TIMES, AS SPECIFIED THEREIN, AND

S. 1450                            16                            A. 1403

IN THE CASE OF ANY SUCH BOND NOT EXCEEDING FIFTY YEARS FROM THE DATE  OF
ISSUE,  AS  SUCH  RESOLUTION  OR  RESOLUTIONS MAY PROVIDE. THE NOTES AND
BONDS SHALL BEAR INTEREST AT SUCH RATE OR  RATES,  BE  IN  SUCH  DENOMI-
NATIONS, BE IN SUCH FORM, EITHER COUPON OR REGISTERED, CARRY SUCH REGIS-
TRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDI-
UM  OF  PAYMENT, AT SUCH PLACE OR PLACES AND BE SUBJECT TO SUCH TERMS OF
REDEMPTION AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE NOTES  AND
BONDS  OF  THE  AUTHORITY  MAY  BE  SOLD  BY THE AUTHORITY, AT PUBLIC OR
PRIVATE SALE, AT SUCH PRICE OR PRICES AS THE AUTHORITY SHALL  DETERMINE.
NO  NOTES  OR  BONDS  OF  THE  AUTHORITY MAY BE SOLD BY THE AUTHORITY AT
PRIVATE SALE, HOWEVER, UNLESS SUCH SALE AND THE TERMS THEREOF HAVE  BEEN
APPROVED  IN  WRITING  BY (A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO
THE COMPTROLLER, OR (B) THE DIRECTOR OF THE BUDGET, WHERE SUCH  SALE  IS
TO THE COMPTROLLER.
  3. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES OR BONDS OR ANY
ISSUE  THEREOF  MAY  CONTAIN  PROVISIONS,  WHICH  SHALL BE A PART OF THE
CONTRACT WITH THE HOLDERS THEREOF, AS TO: (A) PLEDGING ALL OR  ANY  PART
OF  THE  FARES,  TOLLS,  RENTALS,  RATES, CHARGES AND OTHER FEES MADE OR
RECEIVED BY THE AUTHORITY OR ANY OF  ITS  SUBSIDIARY  CORPORATIONS,  AND
OTHER  MONEYS  RECEIVED  OR TO BE RECEIVED, TO SECURE THE PAYMENT OF THE
NOTES OR BONDS OR OF ANY ISSUE THEREOF, SUBJECT TO SUCH AGREEMENTS  WITH
BONDHOLDERS OR NOTEHOLDERS AS MAY THEN EXIST;
  (B)  PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF ANY
OF ITS SUBSIDIARY CORPORATIONS TO SECURE THE PAYMENT  OF  THE  NOTES  OR
BONDS OR OF ANY ISSUE OF NOTES OR BONDS, SUBJECT TO SUCH AGREEMENTS WITH
NOTEHOLDERS OR BONDHOLDERS AS MAY THEN EXIST;
  (C)  THE USE, AND DISPOSITION OF FARES, TOLLS, RENTALS, RATES, CHARGES
AND OTHER FEES MADE OR RECEIVED BY THE AUTHORITY OR ANY OF  ITS  SUBSID-
IARY CORPORATIONS;
  (D)  THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
AND DISPOSITION THEREOF;
  (E) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF  NOTES
OR BONDS MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE PAYMENT
OF THE NOTES OR BONDS OR OF ANY ISSUE THEREOF;
  (F)  LIMITATIONS  ON  THE  ISSUANCE  OF ADDITIONAL NOTES OR BONDS; THE
TERMS UPON WHICH ADDITIONAL NOTES OR BONDS MAY BE  ISSUED  AND  SECURED;
THE REFUNDING OF OUTSTANDING OR OTHER NOTES OR BONDS;
  (G)  THE  PROCEDURE,  IF  ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
NOTEHOLDERS OR BONDHOLDERS MAY BE AMENDED OR ABROGATED,  THE  AMOUNT  OF
NOTES OR BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO, AND THE MANNER
IN WHICH SUCH CONSENT MAY BE GIVEN;
  (H) LIMITATIONS ON THE AMOUNT OF MONEYS TO BE EXPENDED BY THE AUTHORI-
TY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR OPERATING, ADMINISTRATIVE OR
OTHER EXPENSES OF THE AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS;
  (I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
ALL  OF  THE  RIGHTS,  POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY THE
BONDHOLDERS PURSUANT TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT
OF THE BONDHOLDERS TO APPOINT A TRUSTEE UNDER THIS TITLE OR LIMITING THE
RIGHTS, POWERS AND DUTIES OF SUCH TRUSTEE; AND
  (J) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER,  WHICH  IN  ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES OR BONDS.
  4.  IN  ADDITION  TO THE POWERS CONFERRED UPON THE AUTHORITY TO SECURE
ITS NOTES AND BONDS, THE AUTHORITY SHALL HAVE POWER IN  CONNECTION  WITH
THE  ISSUANCE  OF  NOTES  AND BONDS TO ENTER INTO SUCH AGREEMENTS AS THE
AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE

S. 1450                            17                            A. 1403

OR DISPOSITION OF ITS MONIES OR PROPERTY OR THE MONIES  OR  PROPERTY  OF
ANY OF ITS SUBSIDIARY CORPORATIONS, INCLUDING THE MORTGAGING OF ANY SUCH
PROPERTY  AND THE ENTRUSTING, PLEDGING OR CREATION OF ANY OTHER SECURITY
INTEREST  IN  ANY  SUCH  MONIES  OR  PROPERTY  AND  THE DOING OF ANY ACT
(INCLUDING REFRAINING FROM DOING ANY ACT) WHICH THE AUTHORITY WOULD HAVE
THE RIGHT TO DO IN THE ABSENCE OF SUCH AGREEMENTS. THE  AUTHORITY  SHALL
HAVE  POWER  TO  ENTER INTO AMENDMENTS OF ANY SUCH AGREEMENTS WITHIN THE
POWERS GRANTED TO THE AUTHORITY BY THIS TITLE AND TO PERFORM SUCH AGREE-
MENTS.  THE PROVISIONS OF ANY SUCH AGREEMENTS MAY BE MADE A PART OF  THE
CONTRACT WITH THE HOLDERS OF THE NOTES AND BONDS OF THE AUTHORITY.
  5.  IT  IS  THE INTENTION HEREOF THAT ANY PLEDGE, MORTGAGE OR SECURITY
INSTRUMENT MADE BY THE AUTHORITY SHALL BE VALID  AND  BINDING  FROM  THE
TIME  WHEN THE PLEDGE, MORTGAGE OR SECURITY INSTRUMENT IS MADE; THAT THE
MONIES OR PROPERTY SO PLEDGED, MORTGAGED AND  ENTRUSTED  AND  THEREAFTER
RECEIVED  BY  THE  AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF
SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT WITHOUT ANY PHYSICAL DELIV-
ERY THEREOF OR FURTHER ACT; AND THAT THE LIEN OF ANY SUCH PLEDGE,  MORT-
GAGE  OR  SECURITY  INSTRUMENT SHALL BE VALID AND BINDING AS AGAINST ALL
PARTIES HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST
THE AUTHORITY, IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF.
NEITHER THE RESOLUTION NOR ANY MORTGAGE, SECURITY  INSTRUMENT  OR  OTHER
INSTRUMENT BY WHICH A PLEDGE, MORTGAGE LIEN OR OTHER SECURITY IS CREATED
NEED  BE  RECORDED  OR  FILED AND THE AUTHORITY SHALL NOT BE REQUIRED TO
COMPLY WITH ANY OF THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE.
  6. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON  EXECUTING  THE
NOTES  OR  BONDS  SHALL BE LIABLE PERSONALLY ON THE NOTES OR BONDS OR BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY  BY  REASON  OF  THE
ISSUANCE THEREOF.
  7. THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH NOTEHOLDERS OR BOND-
HOLDERS  AS  MAY THEN EXIST, SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE
THEREFOR TO PURCHASE NOTES OR BONDS OF THE AUTHORITY, WHICH SHALL THERE-
UPON BE CANCELLED, AT A PRICE NOT EXCEEDING (A) IF THE  NOTES  OR  BONDS
ARE  THEN  REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE PLUS ACCRUED
INTEREST TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE  NOTES
OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE
FIRST  DATE  AFTER  SUCH  PURCHASE  UPON WHICH THE NOTES OR BONDS BECOME
SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SUCH DATE.
  8. THE STATE SHALL NOT BE LIABLE ON NOTES OR BONDS  OF  THE  AUTHORITY
AND  SUCH  NOTES  AND  BONDS  SHALL NOT BE A DEBT OF THE STATE, AND SUCH
NOTES AND BONDS SHALL CONTAIN ON THE FACE THEREOF A  STATEMENT  TO  SUCH
EFFECT.
  S  1349-M.  RESERVE  FUNDS  AND  APPROPRIATIONS.  1. THE AUTHORITY MAY
CREATE AND ESTABLISH ONE OR MORE RESERVE  FUNDS  TO  BE  KNOWN  AS  DEBT
SERVICE  RESERVE  FUNDS AND MAY PAY INTO SUCH DEBT SERVICE RESERVE FUNDS
(A) ANY MONIES APPROPRIATED AND MADE AVAILABLE  BY  THE  STATE  FOR  THE
PURPOSES  OF  SUCH  FUNDS, (B) ANY PROCEEDS OF SALE OF NOTES OR BONDS TO
THE EXTENT PROVIDED IN THE RESOLUTION OF THE AUTHORITY  AUTHORIZING  THE
ISSUANCE  THEREOF,  AND (C) ANY OTHER MONIES WHICH MAY BE MADE AVAILABLE
TO THE AUTHORITY FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE  OR
SOURCES. THE MONIES HELD IN OR CREDITED TO ANY DEBT SERVICE RESERVE FUND
ESTABLISHED  UNDER THIS SECTION, EXCEPT AS PROVIDED IN THIS TITLE, SHALL
BE USED SOLELY FOR THE PAYMENT OF THE PRINCIPAL OF BONDS OF THE AUTHORI-
TY SECURED BY SUCH DEBT SERVICE RESERVE FUND AS  THE  SAME  MATURE,  THE
PURCHASE OF SUCH BONDS OF THE AUTHORITY, THE PAYMENT OF INTEREST ON SUCH
BONDS OF THE AUTHORITY OR THE PAYMENT OF ANY REDEMPTION PREMIUM REQUIRED
TO  BE  PAID  WHEN  SUCH BONDS ARE REDEEMED PRIOR TO MATURITY; PROVIDED,

S. 1450                            18                            A. 1403

HOWEVER, THAT THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT  MONIES  IN
ANY  SUCH  FUND  SHALL  NOT  BE  WITHDRAWN THEREFROM AT ANY TIME IN SUCH
AMOUNT AS WOULD REDUCE THE AMOUNT OF SUCH FUND TO LESS THAN THE  MAXIMUM
AMOUNT  OF  PRINCIPAL  AND  INTEREST  MATURING  AND  BECOMING DUE IN ANY
SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH  YEARS  ON  THE
BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH DEBT SERVICE
RESERVE FUND, EXCEPT FOR THE PURPOSE OF PAYING PRINCIPAL OF AND INTEREST
ON SUCH BONDS OF THE AUTHORITY SECURED BY SUCH DEBT SERVICE RESERVE FUND
MATURING  AND  BECOMING DUE AND FOR THE PAYMENT OF WHICH OTHER MONIES OF
THE AUTHORITY ARE NOT AVAILABLE. ANY INCOME OR INTEREST  EARNED  BY,  OR
INCREMENT  TO,  ANY SUCH DEBT SERVICE RESERVE FUND DUE TO THE INVESTMENT
THEREOF MAY BE TRANSFERRED BY THE AUTHORITY TO ANY OTHER FUND OR ACCOUNT
OF THE AUTHORITY AND THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT  ANY
SUCH  TRANSFER  SHALL NOT REDUCE THE AMOUNT OF SUCH DEBT SERVICE RESERVE
FUND BELOW THE MAXIMUM AMOUNT OF PRINCIPAL  AND  INTEREST  MATURING  AND
BECOMING  DUE IN ANY SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO
SUCH YEARS ON ALL BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY
SUCH DEBT SERVICE RESERVE FUND.
  2. THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT IT SHALL  NOT  ISSUE
BONDS AT ANY TIME IF THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATUR-
ING  AND  BECOMING  DUE  IN  ANY  SUCCEEDING  CALENDAR YEAR OR YEARS NOT
EXCEEDING TWO SUCH YEARS ON THE BONDS OUTSTANDING AND THEN TO BE  ISSUED
AND  SECURED  BY  A  DEBT SERVICE RESERVE FUND WILL EXCEED THE AMOUNT OF
SUCH DEBT SERVICE RESERVE FUND AT  THE  TIME  OF  ISSUANCE,  UNLESS  THE
AUTHORITY,  AT  THE TIME OF THE ISSUANCE OF SUCH BONDS, SHALL DEPOSIT IN
SUCH DEBT SERVICE RESERVE FUND FROM THE PROCEEDS OF THE BONDS SO  TO  BE
ISSUED,  OR OTHERWISE, AN AMOUNT WHICH, TOGETHER WITH THE AMOUNT THEN IN
SUCH DEBT SERVICE RESERVE FUND, WILL BE NOT LESS THAN THE MAXIMUM AMOUNT
OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCH SUCCEED-
ING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH  YEARS  ON  THE  BONDS
THEN TO BE ISSUED AND ON ALL OTHER BONDS OF THE AUTHORITY THEN OUTSTAND-
ING AND SECURED BY SUCH DEBT SERVICE RESERVE FUND.
  3.  IN  COMPUTING  THE AMOUNT OF ANY DEBT SERVICE RESERVE FUND FOR THE
PURPOSES OF THIS SECTION, SECURITIES IN WHICH ALL OR A PORTION  OF  SUCH
FUND  SHALL  BE INVESTED SHALL BE VALUED AT PAR, OR IF PURCHASED AT LESS
THAN PAR, AT THEIR COST TO THE AUTHORITY.
  S 1349-N. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO  AND
AGREE  WITH  THE  HOLDERS OF ANY NOTES OR BONDS ISSUED UNDER THIS TITLE,
THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY VESTED  IN  THE
AUTHORITY  TO  FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS
THEREOF, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES  OF  SUCH  HOLDERS
UNTIL  SUCH  NOTES  OR  BONDS,  TOGETHER WITH THE INTEREST THEREON, WITH
INTEREST ON ANY UNPAID INSTALLMENTS  OF  INTEREST,  AND  ALL  COSTS  AND
EXPENSES FOR WHICH THE AUTHORITY IS LIABLE IN CONNECTION WITH ANY ACTION
OR  PROCEEDING  BY  OR  ON  BEHALF  OF  SUCH  HOLDERS, ARE FULLY MET AND
DISCHARGED. THE AUTHORITY IS  AUTHORIZED  TO  INCLUDE  THIS  PLEDGE  AND
AGREEMENT  OF  THE STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH NOTES
OR BONDS.
  S 1349-O. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITHSTAND-
ING AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS  WHICH
MAY  BE  CONTAINED  IN  ANY  CONTRACT WITH THE HOLDERS OF THE BONDS, THE
STATE MAY,  UPON  FURNISHING  SUFFICIENT  FUNDS  THEREFOR,  REQUIRE  THE
AUTHORITY  TO  REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS
ON ANY INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER  THE  DATE
OF  THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR FACE
VALUE AND ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS  MAY  BE

S. 1450                            19                            A. 1403

PROVIDED  IN  THE  BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON
THE REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN  AT
LEAST TWO NEWSPAPERS PUBLISHED AND CIRCULATING IN THE REGIONAL TRANSPOR-
TATION  DISTRICT,  AT  LEAST TWICE, THE FIRST PUBLICATION TO BE AT LEAST
THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
  S 1349-P. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.  1.  IN  THE  EVENT
THAT  THE  AUTHORITY  SHALL  DEFAULT  IN  THE PAYMENT OF PRINCIPAL OF OR
INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT  SHALL
CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
SHALL  FAIL  OR  REFUSE  TO  COMPLY WITH THE PROVISIONS OF THIS TITLE OR
SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS  OF  ANY  ISSUE  OF
NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
CIPAL  AMOUNT  OF  THE NOTES OR BONDS OF SUCH ISSUE THEN OUTSTANDING, BY
INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
TO REPRESENT THE HOLDERS  OF  SUCH  NOTES  OR  BONDS  FOR  THE  PURPOSES
PROVIDED IN THIS SECTION.
  2.  SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT  OF  SUCH  NOTES  OR  BONDS  THEN
OUTSTANDING SHALL, IN HIS OR HER OR ITS OWN NAME:
  (A)  BY  SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS  OR  BONDHOLD-
ERS,  INCLUDING  THE  RIGHT  TO  REQUIRE THE AUTHORITY TO COLLECT FARES,
TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT  ANY
AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
ES  AND  OTHER  FEES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND  TO  PERFORM  ITS
DUTIES UNDER THIS TITLE;
  (B) BRING SUIT UPON SUCH NOTES OR BONDS;
  (C)  BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
  (D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS;
  (E) DECLARE ALL SUCH NOTES OR  BONDS  DUE  AND  PAYABLE,  AND  IF  ALL
DEFAULTS  SHALL  BE  MADE GOOD, THEN, WITH THE CONSENT OF THE HOLDERS OF
TWENTY-FIVE PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH  NOTES  OR  BONDS
THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
  3.  SUCH  TRUSTEE  SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH IN THIS SECTION OR INCIDENT TO THE  GENERAL
REPRESENTATION  OF  BONDHOLDERS  OR  NOTEHOLDERS  IN THE ENFORCEMENT AND
PROTECTION OF THEIR RIGHTS.
  4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY  SUIT,  ACTION  OR
PROCEEDINGS BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.
THE  VENUE  OF  ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE
COUNTY IN WHICH THE INSTRUMENT OR INSTRUMENTS ARE  FILED  IN  ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION.
  5.  BEFORE  DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE GOVER-
NOR, TO THE AUTHORITY, TO THE COMPTROLLER AND TO THE ATTORNEY GENERAL OF
THE STATE.
  S 1349-Q. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS  OF
THE  AUTHORITY  ARE  HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS
AND BODIES OF THE STATE AND ALL MUNICIPALITIES  AND  POLITICAL  SUBDIVI-

S. 1450                            20                            A. 1403

SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRY-
ING  ON  AN  INSURANCE  BUSINESS,  ALL  BANKS, BANKERS, TRUST COMPANIES,
SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
PERSONS  CARRYING  ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS,
EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
EVER WHO ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST  IN  BONDS
OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTANDING
ANY  OTHER PROVISIONS OF LAW, THE BONDS OF THE AUTHORITY ARE ALSO HEREBY
MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED BY ALL
PUBLIC OFFICERS AND BODIES OF THIS  STATE  AND  ALL  MUNICIPALITIES  AND
POLITICAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR
OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
  S  1349-R. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND, DETERMINED AND
DECLARED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF  ITS
PURPOSES  IS  IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE
OF NEW YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE  AND  PROS-
PERITY  AND IS A PUBLIC PURPOSE, AND THAT THE AUTHORITY WILL BE PERFORM-
ING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE  EXERCISE  OF  THE  POWERS
CONFERRED  UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY OF THE
FOLLOWING PROVISIONS OF THIS SECTION, PROPERTY OWNED  BY  THE  AUTHORITY
AND  USED  FOR TRANSPORTATION PURPOSES, PROPERTY LEASED BY THE AUTHORITY
AND USED FOR TRANSPORTATION PURPOSES, AND PROPERTY USED FOR  TRANSPORTA-
TION  PURPOSES BY OR FOR THE BENEFIT OF THE AUTHORITY EXCLUSIVELY PURSU-
ANT TO THE PROVISIONS OF A JOINT  SERVICE  ARRANGEMENT  OR  OF  A  JOINT
FACILITIES  AGREEMENT  OR  TRACKAGE RIGHTS AGREEMENT SHALL ALL BE EXEMPT
FROM TAXATION AND SPECIAL AD VALOREM  LEVIES.  THE  AUTHORITY  SHALL  BE
REQUIRED  TO  PAY NO FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR LOCAL,
EXCEPT SPECIAL BENEFIT ASSESSMENTS IF SAID  PROPERTY  IS  LOCATED  IN  A
SPECIAL  BENEFIT  DISTRICT,  INCLUDING BUT NOT LIMITED TO FEES, TAXES OR
ASSESSMENTS ON REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE
TAXES, UPON ANY OF ITS PROPERTY, OR UPON THE USES THEREOF, OR  UPON  ITS
ACTIVITIES  IN THE OPERATION AND MAINTENANCE OF ITS FACILITIES OR ON ANY
FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES, REVENUES  OR  OTHER
INCOME RECEIVED BY THE AUTHORITY AND ALL BONDS, NOTES AND OBLIGATIONS OF
THE AUTHORITY AND THE INCOME THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM
TAXATION,  EXCEPT FOR GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS. THIS
SECTION SHALL CONSTITUTE A COVENANT AND AGREEMENT WITH  THE  HOLDERS  OF
ALL  BONDS,  NOTES  AND  OBLIGATIONS  ISSUED BY THE AUTHORITY. THE TERMS
"TAXATION" AND "SPECIAL AD VALOREM LEVY" SHALL HAVE THE SAME MEANINGS AS
DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW AND  THE
TERM  "TRANSPORTATION  PURPOSES"  SHALL HAVE THE SAME MEANING AS USED IN
TITLES TWO-A AND TWO-B OF ARTICLE FOUR OF SUCH LAW.
  S 1349-S. ACTIONS AGAINST THE AUTHORITY. 1.  AS  A  CONDITION  TO  THE
CONSENT  OF  THE  STATE  TO  SUCH  SUITS AGAINST THE AUTHORITY, IN EVERY
ACTION AGAINST THE AUTHORITY  FOR  DAMAGES,  FOR  INJURIES  TO  REAL  OR
PERSONAL  PROPERTY OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES OR DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT  AT  LEAST
THIRTY  DAYS  HAVE  ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH
SUCH ACTION IS FOUNDED WERE PRESENTED TO A MEMBER OF  THE  AUTHORITY  OR
OTHER  OFFICER  DESIGNATED  FOR  SUCH  PURPOSE  AND  THE  AUTHORITY  HAS
NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
  2. AN ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT  AN  ACTION
FOR  WRONGFUL DEATH, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AFTER THE
CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED,  NOR  UNLESS  A  NOTICE  OF

S. 1450                            21                            A. 1403

CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMITED BY
AND  IN  COMPLIANCE  WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE
GENERAL MUNICIPAL LAW. AN ACTION  AGAINST  THE  AUTHORITY  FOR  WRONGFUL
DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME
LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
  3.  THE  AUTHORITY  SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
THE EXTENT THAT IT SHALL SAVE HARMLESS ANY  DULY  APPOINTED  OFFICER  OR
EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
EE,  IN  THE  OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF  THE  AUTHORITY
IN  THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF,  WHILE  OTHERWISE
ACTING  IN  THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
HIS OR HER EMPLOYMENT.
  4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT  AN
ACCOUNT  OR  CLAIM  FOR  ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER  OR  EMPLOYEE  OF
THE  AUTHORITY  DESIGNATED  FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
CLAIM AND WHEN SO SWORN TO ANSWER ORALLY AS TO  ANY  FACTS  RELATIVE  TO
SUCH  ACCOUNT  OR  CLAIM.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR
ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY  JUDGMENT
FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
  6.  THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT FOR
SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
OF  THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION OF
THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION  AS  IF
SUCH  SUBSIDIARY  CORPORATION  WERE  SEPARATELY  NAMED  IN THIS SECTION,
PROVIDED, HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY  WHICH
IS  A  STOCK  CORPORATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS
SECTION EXCEPT WITH RESPECT TO THOSE CAUSES OF  ACTION  ARISING  ON  AND
AFTER  THE  FIRST  OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR
MONTH IN WHICH SUCH STOCK CORPORATION BECOMES A  SUBSIDIARY  CORPORATION
OF THE AUTHORITY.
  S  1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES. TO THE END
THAT MUNICIPAL CORPORATIONS,  COUNTIES  AND  SCHOOL  DISTRICTS  MAY  NOT
SUFFER UNDUE LOSS OF TAXES OR ASSESSMENTS:
  IF  THE  AUTHORITY  ACQUIRES  PROPERTY FOR NON-TRANSPORTATION PURPOSES
(E.G. FOR FUTURE TRANSPORTATION PURPOSES BUT NOT TO  BE  SO  USED  IMME-
DIATELY)  THE  AUTHORITY  EXCEPT AS PROVIDED IN THIS TITLE, SHALL PAY TO
THE PARTICIPATING COUNTY AND/OR CITY, TOWN OR SCHOOL DISTRICT WHERE  THE
PROPERTY  IS LOCATED, ANNUALLY, IN LIEU OF TAXES, A SUM EQUAL TO THE SUM
LAST PAID AS TAXES UPON THE PROPERTY PRIOR TO THE TIME OF  ITS  ACQUISI-
TION  BY  THE  AUTHORITY. SHOULD SUCH PROPERTY BE SUBSEQUENTLY DEVELOPED
AND IMPROVED BUT STILL REMAIN UNUSED  FOR  TRANSPORTATION  PURPOSES,  IT
SHALL  DURING  SUCH  PERIOD  OF  DISUSE FOR TRANSPORTATION BE SUBJECT TO
ASSESSMENT, AT THE PREVAILING METHOD OF DETERMINING ASSESSMENTS, BY  THE
COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT AND THE AUTHORITY SHALL, BASED
ON SUCH ASSESSMENT, ANNUALLY, IN LIEU OF TAXES, PAY TO THE COUNTY AND/OR
CITY AND/OR SCHOOL DISTRICT AN AMOUNT FIXED BY IT.
  IF  THE  AUTHORITY  ACQUIRES  PROPERTY FOR TRANSPORTATION PURPOSES BUT
SUBSEQUENTLY USES SUCH PROPERTY FOR  NON-TRANSPORTATION  PURPOSES,  THEN
THE  AUTHORITY  SHALL  BE REQUIRED, EXCEPT AS PROVIDED IN THIS TITLE, TO
PAY ANNUALLY IN LIEU OF TAXES TO THE PARTICIPATING  COUNTY  AND/OR  CITY
AND/OR SCHOOL DISTRICT WHEREIN SUCH PROPERTY IS LOCATED, AN AMOUNT EQUAL
TO  THE  SUM  WHICH  THE  SAID COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT

S. 1450                            22                            A. 1403

WOULD ORDINARILY BE IMPOSED AS TAXES, PURSUANT TO THE PREVAILING  METHOD
OF DETERMINING ASSESSMENTS.
  PROPERTIES  ACQUIRED  BY  THE AUTHORITY FOR TRANSPORTATION AND USED AS
SUCH, SHALL NOT BE SUBJECT TO THE PAYMENT OF ANY TAXES EXCEPT  THAT  THE
AUTHORITY  SHALL  PAY  SUCH  PROPERTY SPECIAL BENEFIT ASSESSMENTS ON THE
PROPERTY IF IT IS LOCATED IN AN EXISTING SPECIAL BENEFIT DISTRICT.
  S 1349-U. INTEREST OF MEMBERS OR EMPLOYEES OF AUTHORITY  IN  CONTRACTS
PROHIBITED.  IT  SHALL BE A MISDEMEANOR FOR A MEMBER OF THE AUTHORITY OR
AN OFFICER, AGENT, SERVANT OR EMPLOYEE EMPLOYED BY OR APPOINTED  BY  THE
AUTHORITY,  TO BE IN ANY WAY OR MANNER INTERESTED, DIRECTLY OR INDIRECT-
LY, AS PRINCIPAL, SURETY OR OTHERWISE, IN A  CONTRACT,  THE  EXPENSE  OR
CONSIDERATION WHEREOF IS PAYABLE OUT OF THE FUNDS OF THE AUTHORITY.
  S 1349-V. FISCAL YEAR. THE FISCAL YEAR OF THE AUTHORITY SHALL BEGIN ON
THE FIRST DAY OF JANUARY.
  S  1349-W.  CONSENT BY THE STATE. THE COMMISSIONER OF GENERAL SERVICES
SHALL HAVE POWER, IN HIS OR HER DISCRETION, FROM TIME TO TIME TO  TRANS-
FER  AND  CONVEY TO THE AUTHORITY, OR TO ONE OR MORE PARTICIPATING COUN-
TIES FOR THE USE OF THE AUTHORITY, AND FOR SUCH CONSIDERATION  AND  UPON
SUCH  TERMS AND CONDITIONS AS MAY BE DETERMINED BY HIM OR HER TO BE PAID
TO THE STATE, UNAPPROPRIATED STATE  LANDS,  ABANDONED  CANAL  LANDS  AND
LANDS  UNDER  WATER WHICH THE AUTHORITY SHALL CERTIFY TO BE NECESSARY OR
DESIRABLE FOR THE CORPORATE PURPOSES OF THE AUTHORITY.
  S 1349-X. SEPARABILITY. IF ANY PROVISION OF ANY SECTION OF THIS  TITLE
OR  THE  APPLICATION  THEREOF  TO  ANY  PERSON  OR CIRCUMSTANCE SHALL BE
ADJUDGED INVALID BY A COURT OF COMPETENT  JURISDICTION,  SUCH  ORDER  OR
JUDGMENT  SHALL BE CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH
IT WAS RENDERED, AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY
PROVISION OF ANY SECTION OF THIS TITLE OR THE APPLICATION  OF  ANY  PART
THEREOF  TO  ANY  OTHER  PERSON  OR  CIRCUMSTANCE  AND  TO  THIS END THE
PROVISIONS OF EACH SECTION OF THIS  TITLE  ARE  HEREBY  DECLARED  TO  BE
SEVERABLE.
  S 1349-Y. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
OF  THIS  TITLE  ARE  INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
GENERAL, SPECIAL OR  LOCAL,  THE  PROVISIONS  OF  THIS  TITLE  SHALL  BE
CONTROLLING.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

S1450A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1403A
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Add Art 5 Title 11-E §§1349-a - 1349-y, Pub Auth L
Versions Introduced in 2009-2010 Legislative Session:
S7036, A4665A

S1450A (ACTIVE) - Bill Texts

view summary

Creates the Peconic Bay Regional Transportation Authority, embracing the towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton, and Southold in the county of Suffolk.

view sponsor memo
BILL NUMBER:S1450A

TITLE OF BILL:
An act
to amend the public authorities law, in relation to the creation of the
Peconic Bay regional transportation authority

PURPOSE:
This bill would create the Peconic Bay Regional Transportation
Authority.

SUMMARY OF PROVISIONS:
Article 5 of the public authorities law is amended by adding a new
title 11-E,

JUSTIFICATION:
The East End of Long Island possesses a unique infrastructure and
population. Local towns and residents have had a longstanding
disappointment with the Long Island Rail Road and its inaction and
inattentiveness to problems on the East End. It is the goal of this
legislation to create a regional transportation authority that is
familiar with and can concentrate on local, regional transportation
matters. Its purpose will be the continuance, further development and
improvement of transportation and other related services.

The Peconic Bay regional transportation district shall be comprised of
the Towns of Brookhaven, East Hampton, Riverhead, Southampton,
Shelter Island, Southampton and Southold. The six members of the
Authority would be the town supervisors (or their appointed designee)
of each of these towns - one of which would be elected chairperson by
the members.

The Authority will be responsible for the preparation of a plan
relating to the continuance, further development and improvement of
transportation and other related services of the District.
The plan would discuss transportation alternatives including, but not
limited to, creation of park and rail facilities, establishment of
shuttle trains, addition of more nonstop trains from New York City to
the Peconic Bay and reconfiguration of the county-wide bus system.

LEGISLATIVE HISTORY:
2010: S.7036

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first clay of January next
succeeding the date on which it shall have become a law.

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

    S. 1450--A                                            A. 1403--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when printed to be committed to the Committee on Transporta-
  tion -- recommitted to the Committee on Transportation  in  accordance
  with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY --  Multi-Sponsored
  by  -- M. of A. ENGLEBRIGHT -- read once and referred to the Committee
  on Corporations, Authorities and Commissions  --  recommitted  to  the
  Committee  on  Corporations, Authorities and Commissions in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the public authorities law, in relation to the creation
  of the Peconic Bay regional transportation authority

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

  Section  1.  Article  5  of  the  public authorities law is amended by
adding a new title 11-E to read as follows:
                               TITLE 11-E
              PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY
SECTION 1349-A. SHORT TITLE.
        1349-B. DEFINITIONS.
        1349-C. PECONIC BAY REGIONAL TRANSPORTATION DISTRICT.
        1349-D. PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY.
        1349-E. PURPOSES OF THE AUTHORITY.
        1349-F. FORMULATION, FILING AND ADOPTION OF MASTER PLAN;  AMEND-
                  MENTS.
        1349-G. FILING  FIVE  YEAR  PERFORMANCE,  CAPITAL  AND OPERATING
                  FINANCE PLANS.
        1349-H. GENERAL POWERS OF THE AUTHORITY.
        1349-I. SPECIAL POWERS OF THE AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03743-02-2

S. 1450--A                          2                         A. 1403--A

        1349-J. ACQUISITION AND DISPOSITION OF REAL PROPERTY.
        1349-K. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
        1349-L. NOTES AND BONDS OF THE AUTHORITY.
        1349-M. RESERVE FUNDS AND APPROPRIATIONS.
        1349-N. AGREEMENT OF THE STATE.
        1349-O. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
        1349-P. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.
        1349-Q. NOTES AND BONDS AS LEGAL INVESTMENT.
        1349-R. EXEMPTION FROM TAXATION.
        1349-S. ACTIONS AGAINST THE AUTHORITY.
        1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES.
        1349-U. INTEREST   OF  MEMBERS  OR  EMPLOYEES  OF  AUTHORITY  IN
                  CONTRACTS PROHIBITED.
        1349-V. FISCAL YEAR.
        1349-W. CONSENT BY THE STATE.
        1349-X. SEPARABILITY.
        1349-Y. EFFECT OF INCONSISTENT PROVISIONS.
  S 1349-A. SHORT TITLE. THIS TITLE MAY BE CITED  AS  THE  "PECONIC  BAY
REGIONAL TRANSPORTATION AUTHORITY ACT".
  S  1349-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
  1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION  THIRTEEN
HUNDRED FORTY-NINE-D OF THIS TITLE.
  2. "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE PECONIC BAY
REGIONAL  TRANSPORTATION  DISTRICT  CREATED  BY SECTION THIRTEEN HUNDRED
FORTY-NINE-C OF THIS TITLE.
  3. "PARTICIPATING TOWN" SHALL MEAN ANY OF THE TOWNS DEFINED IN SECTION
THIRTEEN HUNDRED FORTY-NINE-C OF THIS TITLE.
  4. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES OF  AMERICA,  AND
ANY  OFFICER,  DEPARTMENT,  BOARD,  COMMISSION, BUREAU, DIVISION, CORPO-
RATION, AGENCY OR INSTRUMENTALITY THEREOF.
  5. "GOVERNOR" SHALL MEAN THE GOVERNOR OF THE STATE OF NEW YORK.
  6. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE OF NEW YORK.
  7. "DIRECTOR OF THE BUDGET" SHALL MEAN THE DIRECTOR OF THE  BUDGET  OF
THE STATE OF NEW YORK.
  8. "STATE" SHALL MEAN THE STATE OF NEW YORK.
  9.  "STATE  AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD, COMMIS-
SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
TALITY OF THE STATE.
  10. "MUNICIPALITY" SHALL MEAN A CITY,  TOWN,  VILLAGE  OR  COUNTY  NOT
WHOLLY CONTAINED WITHIN A CITY.
  11.  "MUNICIPAL  CORPORATION" SHALL MEAN A CITY, TOWN, VILLAGE, COUNTY
NOT WHOLLY CONTAINED WITHIN A  CITY,  SPECIAL  TRANSPORTATION  DISTRICT,
PUBLIC  BENEFIT  CORPORATION OR OTHER PUBLIC CORPORATION, OR TWO OR MORE
OF THE FOREGOING ACTING JOINTLY.
  12. "PERSONAL PROPERTY" SHALL MEAN CHATTELS AND OTHER TANGIBLE  THINGS
OF A MOVABLE OR REMOVABLE NATURE.
  13.  "PROPERTY" SHALL MEAN BOTH REAL AND PERSONAL PROPERTY.
  14.  "MASTER  PLAN"  SHALL  MEAN  AN ACTION PLAN FOR IMPLEMENTATION OF
IMPROVEMENTS TO SUCH MEANS OF PUBLIC TRANSPORTATION AND RELATED SERVICES
BY OMNIBUS, RAILROAD AND MARINE AND AVIATION FACILITIES AS THE AUTHORITY
MAY CONTEMPLATE WITHIN THE PECONIC BAY REGIONAL TRANSPORTATION  DISTRICT
TO EFFECTUATE THE PURPOSES OF THIS TITLE.
  15. "JOINT SERVICE ARRANGEMENT" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
THE  AUTHORITY  AND  ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
ANY STATE AGENCY, THE FEDERAL GOVERNMENT, ANY OTHER STATE OR  AGENCY  OR

S. 1450--A                          3                         A. 1403--A

INSTRUMENTALITY  THEREOF,  ANY  PUBLIC  AUTHORITY  OF  THIS OR ANY OTHER
STATE, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE, RELAT-
ING TO PROPERTY, BUILDINGS,  STRUCTURES,  FACILITIES,  SERVICES,  RATES,
FARES,  CLASSIFICATIONS,  DIVISIONS,  ALLOWANCES  OR  CHARGES (INCLUDING
CHARGES BETWEEN OPERATORS OF  RAILROAD,  OMNIBUS,  MARINE  AND  AVIATION
FACILITIES),  OR  RULES  OR  REGULATIONS  PERTAINING  THERETO, FOR OR IN
CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
AND IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION  FACILITIES
LOCATED OUTSIDE THE DISTRICT.
  16.  "PROJECT"  SHALL MEAN ANY UNDERTAKING BY THE AUTHORITY WITHIN THE
DISTRICT INCLUDING BUT NOT LIMITED TO PORT OR HARBOR FACILITIES,  TRANS-
PORTATION  PROPERTIES,  ACCESS AND SERVICE ROADS AND BRIDGES, EQUIPMENT,
APPURTENANCES, UTILITIES, AIRPORT FACILITIES AND ANY  OTHER  IMPROVEMENT
UNDER AUTHORITY JURISDICTION WITHIN THE REGIONAL DISTRICT.
  17. "FACILITY" SHALL MEAN, AMONG OTHER THINGS, SUCH PROPERTIES, STRUC-
TURES,  APPURTENANCES, UTILITIES, TERMINALS, WHARFS, DOCKS, PIERS, RAIL-
ROAD TRACKAGE, WAREHOUSES, ELEVATORS, EQUIPMENT FOR HANDLING FREIGHT AND
PASSENGERS AND VEHICLES AND SUCH OTHER WORKS, PROPERTIES,  BUILDINGS  OR
ALLIED  ITEMS  NECESSARY  OR  DESIRABLE  IN CONNECTION WITH DEVELOPMENT,
OPERATION, MAINTENANCE OR IMPROVEMENT OF PORT, AIRPORT AND PUBLIC TRANS-
PORTATION NEEDS FOR THE ACCOMMODATION, SAFETY OR COMFORT OF  THE  PUBLIC
AND COMMERCIAL ENTERPRISE FOR THE REGIONAL TRANSPORTATION DISTRICT.
  18.  "EQUIPMENT"  SHALL  MEAN ROLLING STOCK, OMNIBUSES, VEHICLES, AIR,
MARINE OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, AND OTHER  INSTRUMEN-
TALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
  19.  "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE OPER-
ATED BY CARRIERS SUBJECT TO  THE  JURISDICTION  OF  THE  PUBLIC  SERVICE
COMMISSION,  ENGAGED  IN  THE  TRANSPORTATION  OF  PASSENGERS  AND THEIR
BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
TO JOINT  SERVICE  ARRANGEMENTS,  AND  EQUIPMENT,  PROPERTY,  BUILDINGS,
STRUCTURES,  IMPROVEMENTS,  LOADING  OR  UNLOADING AREAS, PARKING AREAS,
BERTHING FACILITIES OR OTHER FACILITIES, NECESSARY, CONVENIENT OR DESIR-
ABLE FOR THE ACCOMMODATION OF SUCH MOTOR VEHICLES OR  THEIR  PASSENGERS,
INCLUDING  BUT  NOT  LIMITED TO BUILDINGS, STRUCTURES AND AREAS NOTWITH-
STANDING THAT PORTIONS MAY NOT BE DEVOTED TO ANY OMNIBUS  PURPOSE  OTHER
THAN  THE PRODUCTION OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF
ALL OR ANY FACILITIES OF THE AUTHORITY.
  20. "RAILROAD FACILITIES" SHALL MEAN RIGHT-OF-WAY AND  RELATED  TRACK-
AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
COMMUNICATION  AND  VENTILATION  SYSTEMS, POWER PLANTS, STATIONS, TERMI-
NALS, STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT  AND
PARTS,  OFFICES  AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD FOR OR
INCIDENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY  RAIL-
ROAD  OPERATING  OR  TO  OPERATE  BETWEEN  POINTS WITHIN THE DISTRICT OR
PURSUANT TO JOINT SERVICE ARRANGEMENTS, INCLUDING  BUT  NOT  LIMITED  TO
BUILDINGS,  STRUCTURES,  AND AREAS NOTWITHSTANDING THAT PORTIONS THEREOF
MAY NOT BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION  OF
REVENUES  AVAILABLE  FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
OF THE AUTHORITY.
  21. "REAL PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES,  FRANCHISES  AND
INTERESTS  IN  LAND,  WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND ANY
AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID  TERM  AND  INCLUDES  NOT
ONLY  FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER INTERESTS INCLUD-
ING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES, LEASES,  LICENSES
AND  ALL  OTHER  INCORPOREAL HEREDITAMENTS AND EVERY ESTATE, INTEREST OR

S. 1450--A                          4                         A. 1403--A

RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS AND  LIENS  THEREON
BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
  22.  "MARINE  AND  AVIATION FACILITIES" SHALL MEAN EQUIPMENT AND CRAFT
FOR THE TRANSPORTATION OF PASSENGERS, MAIL AND CARGO BETWEEN POINTS FROM
AND TO AND WITHIN THE DISTRICT OR PURSUANT  TO  JOINT  SERVICE  ARRANGE-
MENTS,  BY  MARINE  CRAFT  AND  AIRCRAFT  OF ALL TYPES INCLUDING BUT NOT
LIMITED TO HYDROFOILS, FERRIES,  LIGHTERS,  TUGS,  BARGES,  HELICOPTERS,
AMPHIBIANS,  SEAPLANES  OR  OTHER  CONTRIVANCES NOW OR HEREAFTER USED IN
NAVIGATION OR MOVEMENT ON WATERWAYS OR IN THE NAVIGATION OF OR FLIGHT IN
AIRSPACE. IT SHALL ALSO MEAN ANY AIRPORT FACILITY WITHIN THE TRANSPORTA-
TION DISTRICT, INCLUDING BUT NOT LIMITED TO ANY FACILITY OR REAL PROPER-
TY NECESSARY, CONVENIENT OR  DESIRABLE  FOR  THE  LANDING,  TAKING  OFF,
ACCOMMODATION  OR  SERVICING  OF  SUCH  AIRCRAFT, AND SHALL INCLUDE SUCH
FACILITIES, PROPERTY, STRUCTURES AND APPURTENANCES AS MAY  BE  NECESSARY
OR  CONVENIENT IN THE OPERATION, MAINTENANCE, DEVELOPMENT OR IMPROVEMENT
OF AIRPORTS INCLUDING FACILITIES, PROPERTY, STRUCTURES, AND APPURTENANC-
ES, LEASED BY THE AUTHORITY TO PERSONS, FIRMS OR CORPORATIONS ENGAGED IN
AIR TRANSPORTATION OR THE PRODUCTION OR DEVELOPMENT OF MATERIALS,  GOODS
OR  EQUIPMENT FOR AIRPORTS OR AIR TRANSPORTATION OR IN PROVIDING FACILI-
TIES FOR THE ACCOMMODATION, SAFETY OR COMFORT OF  THE  TRAVELING  PUBLIC
AND  FOR  PURPOSES RELATED OR INCIDENTAL TO ONE OR MORE OF THE FOREGOING
PURPOSES. IT SHALL ALSO  MEAN  PORT  FACILITIES  IN  THE  TRANSPORTATION
DISTRICT  INCLUDING,  BUT  NOT LIMITED TO, (A) ONE OR MORE DOCKS, ELEVA-
TORS,  WHARVES,  PIERS,  BULKHEADS,  SLIPS,  BASINS,  HARBORS,  RAILROAD
CONNECTIONS,  SIDE  TRACKS  OR  SIDINGS,  FREIGHT TERMINALS, WAREHOUSES,
BRIDGES, TUNNELS, AND AREAS FOR STORAGE OF  CARGOES,  MATERIALS,  GOODS,
WARES,  AND  MERCHANDISE  OF  ANY  KIND  AND FOR THE LOADING, UNLOADING,
INTERCHANGE OR TRANSFER OF ANY SUCH CARGOES, MATERIALS, GOODS, WARES AND
MERCHANDISE; (B) OTHER BUILDINGS, STRUCTURES, FACILITIES OR IMPROVEMENTS
NECESSARY TO ACCOMMODATE STEAMSHIPS OR OTHER VESSELS AND  THEIR  CARGOES
OR PASSENGERS; AND (C) ALL REAL AND PERSONAL PROPERTY, DRIVEWAYS, ROADS,
APPROACHES,  MECHANICAL  EQUIPMENT  AND ALL APPURTENANCES AND FACILITIES
EITHER ON, ABOVE OR UNDER THE GROUND WHICH ARE NECESSARY, CONVENIENT  OR
DESIRABLE  FOR THE DEVELOPMENT, CONTROL AND OPERATION OF PORT FACILITIES
IN THE TRANSPORTATION DISTRICT.
  23. "TRANSPORTATION FACILITY" SHALL MEAN ANY RAILROAD, OMNIBUS, MARINE
OR AVIATION FACILITY AND ANY PERSON, FIRM, PARTNERSHIP,  ASSOCIATION  OR
CORPORATION  WHICH  OWNS,  LEASES  OR  OPERATES ANY SUCH FACILITY OR ANY
OTHER FACILITY USED FOR SERVICE IN  THE  TRANSPORTATION  OF  PASSENGERS,
UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER FOR HIRE AND
ANY PORTION THEREOF AND THE RIGHTS, LEASEHOLDS OR OTHER INTEREST THEREIN
TOGETHER  WITH  ROUTES,  TRACKS,  EXTENSIONS, CONNECTIONS, PARKING LOTS,
GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND REPAIR SHOPS,
TERMINALS, STATIONS AND OTHER RELATED FACILITIES THEREOF,  THE  DEVICES,
APPURTENANCES,  AND EQUIPMENT THEREOF AND POWER PLANTS AND OTHER INSTRU-
MENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THEREWITH.
  24. "COMMISSIONER" SHALL MEAN COMMISSIONER OF  TRANSPORTATION  OF  THE
STATE OF NEW YORK.
  S 1349-C. PECONIC BAY REGIONAL TRANSPORTATION DISTRICT. THERE IS HERE-
BY  CREATED AND ESTABLISHED A TRANSPORTATION DISTRICT TO BE KNOWN AS THE
PECONIC  BAY  REGIONAL  TRANSPORTATION  DISTRICT.  THIS  DISTRICT  SHALL
EMBRACE  THE  TOWNS  OF  BROOKHAVEN,  EAST  HAMPTON,  RIVERHEAD, SHELTER
ISLAND, SOUTHAMPTON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK.  THE  TRANS-
PORTATION  DISTRICT SHALL ALSO INCLUDE ALL LANDS AND WATER AND ALL LANDS
UNDER WATER AND ALL RIVERS, BAYS AND HARBORS, WITHIN ANY OF THE TOWNS OF
SAID DISTRICT.

S. 1450--A                          5                         A. 1403--A

  S 1349-D. PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY. 1.  THERE  IS
HEREBY  CREATED  THE  PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY. THE
AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC  CONSTITUTING  A  PUBLIC
BENEFIT  CORPORATION.    IT SHALL CONSIST OF SIX MEMBERS WITH ONE MEMBER
FROM EACH TOWN IN THE REGIONAL TRANSPORTATION DISTRICT.  THE TOWN SUPER-
VISOR OF EACH TOWN, OR A DESIGNATED REPRESENTATIVE APPOINTED BY THE TOWN
SUPERVISOR SHALL BE A MEMBER. THE MEMBERS SHALL ELECT ONE OF ITS MEMBERS
AS CHAIRPERSON.
  2.  THE  MEMBERS  OF  THE  AUTHORITY,  INCLUDING  THE CHAIR, SHALL NOT
RECEIVE A SALARY OR OTHER  COMPENSATION  WHEN  RENDERING  SERVICE  AS  A
MEMBER  OF  THE AUTHORITY OR AS A MEMBER OF ONE OF ITS SUBSIDIARY CORPO-
RATIONS, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES.
  3. A MAJORITY OF THE WHOLE NUMBER OF VOTES OF MEMBERS OF THE AUTHORITY
SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS OR  THE  EXER-
CISE  OF  ANY  POWER  OF THE AUTHORITY. EXCEPT AS OTHERWISE SPECIFIED IN
THIS TITLE, FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE  OF  ANY
POWER  OF  THE  AUTHORITY,  THE  AUTHORITY  SHALL HAVE POWER TO ACT BY A
MAJORITY VOTE OF THE MEMBERS PRESENT AT ANY MEETING AT WHICH A QUORUM IS
IN ATTENDANCE. EACH MEMBER OF THE AUTHORITY SHALL HAVE ONE VOTE.
  4. THE AUTHORITY SHALL  BE  A  "STATE  AGENCY"  FOR  THE  PURPOSES  OF
SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  5.  THE  AUTHORITY  SHALL  CONTINUE  SO LONG AS IT SHALL HAVE BONDS OR
OTHER OBLIGATIONS OUTSTANDING AND UNTIL ITS EXISTENCE  SHALL  BE  TERMI-
NATED  BY  LAW.  UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE STATE.
  S 1349-E. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE  AUTHORITY
SHALL  BE THE CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF TRANS-
PORTATION AND OTHER SERVICES RELATED  THERETO  WITHIN  THE  PECONIC  BAY
REGIONAL  TRANSPORTATION DISTRICT, BY RAILROAD, OMNIBUS, MARINE AND AIR,
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE.
  2. IT IS HEREBY FOUND AND DECLARED  THAT  SUCH  PURPOSES  ARE  IN  ALL
RESPECTS  FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND THE
AUTHORITY SHALL BE REGARDED  AS  PERFORMING  AN  ESSENTIAL  GOVERNMENTAL
FUNCTION  IN  CARRYING  OUT  ITS  PURPOSES  AND IN EXERCISING THE POWERS
GRANTED BY THIS TITLE.
  S 1349-F. FORMULATION, FILING AND ADOPTION OF MASTER PLAN; AMENDMENTS.
THE AUTHORITY SHALL FORMULATE A MASTER PLAN  FOR  TRANSPORTATION  WITHIN
THE  DISTRICT.  IN  FORMULATING  SUCH  MASTER  PLAN, THE AUTHORITY SHALL
CONSULT AND COOPERATE WITH THE COMMISSIONER AND PLANNING AUTHORITIES  IN
THE  AREAS OF ITS OPERATIONS, AND SHALL UTILIZE STATE, LOCAL OR REGIONAL
TRANSPORTATION PLANNING. THE AUTHORITY SHALL REQUEST  AND  USE  EXISTING
STUDIES,  PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER
DEVELOPMENT BY ANY STATE AGENCY OR MUNICIPALITY OR POLITICAL SUBDIVISION
OF THE STATE. THE AUTHORITY SHALL FILE COPIES  OF  SUCH  PLAN  WITH  THE
COMMISSIONER,  THE SUFFOLK COUNTY PLANNING BOARD, THE TOWN BOARD OF EACH
TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, AND THE LEGISLATURE OF
THE COUNTY OF SUFFOLK. THE PLAN SHALL CONTAIN INFORMATION REGARDING  THE
TRANSPORTATION  SYSTEM  THAT  THE AUTHORITY INTENDS TO PROVIDE INCLUDING
INFORMATION REGARDING THE FACILITIES CONNECTED THEREWITH,  THE  SERVICES
THE  AUTHORITY  CONTEMPLATES  PROVIDING  AND THE ESTIMATED COSTS AND THE
PROPOSED METHOD OF FINANCING. DURING SIXTY DAYS AFTER THE FILING OF  THE
MASTER  PLAN  WITH THE COMMISSIONER, IN THE OFFICE OF THE SUFFOLK COUNTY
PLANNING BOARD, WITH THE TOWN BOARDS OF THE TOWNS  WITHIN  THE  REGIONAL
TRANSPORTATION  DISTRICT, AND WITH THE LEGISLATURE OF SUFFOLK COUNTY, AS
AFORESAID, SAID PLAN SHALL BE AVAILABLE FOR  PUBLIC  INSPECTION  AT  THE

S. 1450--A                          6                         A. 1403--A

OFFICE OR OFFICES OF THE AUTHORITY AND AT SUCH OTHER PLACES IN THE TOWNS
AFFECTED,  WITHIN  THE  DISTRICT,  AS  THE  AUTHORITY MAY DESIGNATE. NOT
EARLIER THAN THIRTY DAYS AFTER THE FILING OF SAID MASTER PLAN  WITH  THE
COMMISSIONER,  THE  SUFFOLK  COUNTY PLANNING BOARD, THE TOWN BOARDS, AND
THE LEGISLATURE OF SUFFOLK COUNTY, A PUBLIC HEARING ON SAID PLANS  SHALL
BE  HELD  BY THE AUTHORITY.   NOTICE OF SUCH A HEARING SHALL BE GIVEN TO
THE COMMISSIONER, THE SUFFOLK COUNTY PLANNING BOARD,  THE  TOWN  BOARDS,
AND THE LEGISLATURE OF THE COUNTY OF SUFFOLK, AS AFORESAID AND BY PUBLI-
CATION  ONCE  A WEEK FOR TWO WEEKS PRIOR TO THE SAID HEARING AT THE TIME
AND PLACE FIXED BY THE AUTHORITY IN NEWSPAPERS  OF  GENERAL  CIRCULATION
WITHIN  THE  AREAS  AFFECTED,  TO BE SELECTED BY THE AUTHORITY. THE LAST
PUBLICATION DATE SHALL NOT BE LESS THAN FIVE DAYS BEFORE  SAID  HEARING.
WITHIN  THIRTY  DAYS  FOLLOWING SAID PUBLIC HEARING, THE AUTHORITY SHALL
PROVIDE A TRANSCRIPT OF SUCH HEARING TO THE  COMMISSIONER,  THE  SUFFOLK
COUNTY PLANNING BOARD, EACH TOWN BOARD, AND THE LEGISLATURE OF THE COUN-
TY  OF  SUFFOLK AS AFORESAID, TOGETHER WITH ANY AMENDMENTS THE AUTHORITY
MAY PROPOSE TO THE MASTER PLAN. THE AUTHORITY SHALL REQUEST APPROVAL  OF
THE MASTER PLAN, INCLUDING SUCH AMENDMENTS AS THE AUTHORITY MAY PROPOSE,
FROM  EACH  TOWN BOARD AND THE COMMISSIONER. ANY PART OF SAID PLAN WHICH
IS DISAPPROVED BY A TOWN BECAUSE IT  ALTERS  EXISTING  SERVICES  OR  THE
FINANCING  THEREOF  WITHIN  SAID  TOWN  SHALL NOT BECOME OPERATIVE. THIS
DISAPPROVAL OF PART OR PARTS OF THE PLAN SHALL NOT MAKE THE ENTIRE  PLAN
INOPERATIVE.  ANY  PART OF SAID PLAN WHICH IS DISAPPROVED BY THE COMMIS-
SIONER BECAUSE IT CONFLICTS WITH A STATE-WIDE COMPREHENSIVE MASTER  PLAN
FOR  TRANSPORTATION,  OR  IN  THE  ABSENCE  OF SUCH PLANS, WOULD HAVE AN
ADVERSE EFFECT UPON SOUND TRANSPORTATION DEVELOPMENT  POLICY  AND  PLAN-
NING,  SHALL  NOT  BECOME OPERATIVE. IF THE SAID TOWN BOARDS FAIL TO ACT
WITHIN SAID SIXTY DAYS OR IN THE CASE OF THE COMMISSIONER  WITHIN  FORTY
DAYS AFTER APPROVAL IS REQUESTED, SAID FAILURE SHALL BE DEEMED APPROVAL,
AND  THE  AUTHORITY  MAY ADOPT THE MASTER PLAN BY A MAJORITY VOTE OF ITS
MEMBERSHIP AND MAY INCLUDE CHANGES, IF ANY, RECOMMENDED BY  THE  COMMIS-
SIONER,  PLANNING  BOARD  OR  TOWN BOARD. THE MASTER PLAN MAY BE AMENDED
FROM TIME TO TIME IN THE SAME MANNER USING THE  PROCEDURES  OUTLINED  IN
THIS  SECTION  FOR  THE  ORIGINAL ADOPTION, EXCEPT THAT PROPOSED CHANGES
MADE BY THE AUTHORITY UPON RECOMMENDATIONS  OF  THE  COMMISSIONER,  SAID
TOWN  BOARDS  OR  SUFFOLK COUNTY PLANNING BOARD IN THE FIRST PLAN MAY BE
EMBODIED OR CONTINUED BY A MAJORITY VOTE OF THE AUTHORITY WITHOUT  ADDI-
TIONAL  HEARINGS  THEREON  AS REQUIRED FOR THE AMENDMENTS PROPOSED TO BE
MADE.
  S 1349-G. FILING FIVE YEAR PERFORMANCE, CAPITAL AND OPERATING  FINANCE
PLANS.  1.  (A)  ON  OR BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN, AND
ANNUALLY THEREAFTER ON OR BEFORE  JANUARY  FIRST,  THE  AUTHORITY  SHALL
ADOPT  AN OPERATIONAL PERFORMANCE PLAN FOR THE FIVE-YEAR PERIOD COMMENC-
ING JANUARY FIRST. THE PLAN SHALL SET OPERATIONAL PERFORMANCE PLAN GOALS
AND OBJECTIVES, AND SHALL ESTABLISH PERFORMANCE  INDICATORS  TO  MEASURE
STANDARDS  OF  SERVICE  AND OPERATIONS. THE PERFORMANCE INDICATORS SHALL
INCLUDE: REVENUE PASSENGERS, TOTAL PASSENGERS,  REVENUE  VEHICLE  MILES,
REVENUE  VEHICLE  HOURS, NUMBER OF EMPLOYEES BY DEPARTMENT, VEHICLE MEAN
DISTANCE  BETWEEN  FAILURES,  ON-TIME  PERFORMANCE  FOR  TOTAL   SERVICE
PROVIDED,  THE COST PER PASSENGER, THE COST PER REVENUE VEHICLE MILE AND
THE OPERATING-REVENUE-TO-COST RATIO.
  (B) QUARTERLY REPORTS SHALL BE PREPARED FOR AUTHORITY MEMBERS ON OPER-
ATING PERFORMANCE. THE FIRST SUCH REPORT  SHALL  COVER  THE  THREE-MONTH
PERIOD  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND FOURTEEN AND SHALL BE
SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF  JANUARY,

S. 1450--A                          7                         A. 1403--A

APRIL,  JULY,  AND  OCTOBER  OF  EACH YEAR. THE REPORT SHALL COMPARE THE
PERFORMANCE INDICATORS FOR THE MOST RECENT QUARTER AND THE  YEAR-TO-DATE
PERFORMANCE  INDICATORS  WITH  THE SAME TIME PERIOD IN THE PREVIOUS YEAR
WITH THE ANNUAL GOALS ESTABLISHED PURSUANT TO THIS SUBDIVISION.
  2. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN, AND ANNUALLY
THEREAFTER ON OR BEFORE JANUARY FIRST, THE AUTHORITY SHALL ADOPT A CAPI-
TAL PROGRAM PLAN FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY FIRST.  THE
PLAN SHALL CONTAIN THE CAPITAL PROGRAM, SEPARATELY ITEMIZED.
  (B)  THE  PLAN  SHALL SET GOALS AND OBJECTIVES BY FUNCTION FOR CAPITAL
SPENDING, ESTABLISH STANDARDS FOR SERVICE AND OPERATION,  DESCRIBE  EACH
CAPITAL PROJECT TO BE INITIATED IN EACH OF THE YEARS COVERED BY THE PLAN
AND  EXPLAIN HOW EACH PROPOSED PROJECT SUPPORTS THE GOALS AND OBJECTIVES
AND THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN THE PERFORMANCE
PLAN. THE PLAN SHALL LIST SEPARATELY BY FUNCTION THOSE PROJECTS CONTRIB-
UTING TO THE MAINTENANCE OF THE SYSTEM INFRASTRUCTURE AND THOSE INTENDED
TO ENHANCE THE SYSTEM. THE PLAN SHALL ALSO INCLUDE AN ESTIMATED COST FOR
EACH PROJECT AND SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL  FUNDING
REQUIRED  FOR  EACH  YEAR  OF  THE PLAN AND THE EXPECTED SOURCES OF SUCH
FUNDING. IT SHALL ALSO INCLUDE A PROJECT SCHEDULE FOR THE INITIATION AND
COMPLETION OF EACH PROJECT. EACH PLAN SUBSEQUENT TO THE FIRST SUCH  PLAN
SHALL  DESCRIBE  THE  CURRENT STATUS OF EACH CAPITAL PROJECT WHICH HAS A
TOTAL ESTIMATED COST OF ONE HUNDRED THOUSAND DOLLARS OR MORE  AND  WHICH
WAS INCLUDED IN THE PREVIOUSLY ADOPTED PLAN.
  (C)  IN ADDITION TO THE ANNUAL UPDATE, A QUARTERLY CAPITAL PLAN STATUS
REPORT SHALL BE PROVIDED TO THE AUTHORITY MEMBERS AND SHALL INCLUDE, BUT
NOT BE LIMITED TO, A DESCRIPTION OF ANY MATERIAL CHANGE  IN  THE  SCOPE,
COST, FUNDING OR TIME OF INITIATION OR COMPLETION OF A PROJECT WHICH HAS
A  TOTAL  ESTIMATED  COST  OF  ONE  HUNDRED THOUSAND DOLLARS OR MORE, AS
ADOPTED IN THE PLAN.  THE FIRST SUCH REPORT SHALL COVER THE  THREE-MONTH
PERIOD  COMMENCING  JANUARY  FIRST,  TWO  THOUSAND FOURTEEN AND SHALL BE
SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE END OF THE QUARTER. THERE-
AFTER, QUARTERLY REPORTS SHALL BE SUBMITTED ON THE LAST DAY OF  JANUARY,
APRIL, JULY, AND OCTOBER OF EACH YEAR.
  3. (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND FOURTEEN, AND ANNUALLY
THEREAFTER  ON  OR  BEFORE  JANUARY  FIRST, THE AUTHORITY SHALL ADOPT AN
OPERATING FINANCE PLAN  FOR  THE  FIVE-YEAR  PERIOD  COMMENCING  JANUARY
FIRST.  THE  PLAN  SHALL INCLUDE THE ANNUAL ESTIMATED OPERATING COST FOR
EACH FUNCTION. THE PLAN SHALL INCLUDE THE PROPOSED METHOD  OF  FINANCING
FOR  THE  LEVEL  OF  SERVICE DEFINED FOR EACH YEAR OF THE PLAN AND SHALL
FULLY ALLOCATE THE AUTHORITY'S GENERAL COSTS TO EACH OF THE ABOVE  SEPA-
RATE  FUNCTIONS. THE PLAN SHALL PROVIDE A NARRATIVE DESCRIBING THE OVER-
ALL FINANCIAL CONDITION OF THE OPERATING BUDGET OF THE AUTHORITY.
  (B) IN ADDITION TO  THE  ANNUAL  UPDATE,  QUARTERLY  OPERATING  BUDGET
REPORTS  SHALL  BE  PREPARED  FOR THE AUTHORITY MEMBERS ON THE FINANCIAL
CONDITION OF EACH OF THE AUTHORITY'S FUNCTIONS. THE  FIRST  SUCH  REPORT
SHALL  COVER  THE THREE-MONTH PERIOD COMMENCING JANUARY FIRST, TWO THOU-
SAND FOURTEEN AND SHALL BE SUBMITTED NO LATER THAN THIRTY DAYS AFTER THE
END OF THE QUARTER. THEREAFTER, QUARTERLY REPORTS SHALL BE SUBMITTED  ON
THE  LAST  DAY  OF  JANUARY,  APRIL, JULY, AND OCTOBER OF EACH YEAR. THE
REPORTS SHALL INCLUDE A BUDGETARY COMPARISON OF THE MOST RECENT  QUARTER
AND  YEAR-TO-DATE  ACTUAL  REVENUE  AND  EXPENDITURES WITH THE SAME TIME
PERIOD IN THE PREVIOUS YEAR AND WITH THE PROJECTIONS FOR THAT TIME PERI-
OD BASED ON THE BOARD APPROVED BUDGET.
  4. ANY AND ALL REPORTS, INCLUDING INTERIM REPORTS, SHALL BE  SUBMITTED
TO  THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE COMMISSIONER AND THE
TOWN BOARD OF EACH TOWN WITHIN THE REGIONAL TRANSPORTATION DISTRICT, THE

S. 1450--A                          8                         A. 1403--A

PRESIDENT AND THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
THE ASSEMBLY.
  S  1349-H.  GENERAL  POWERS  OF THE AUTHORITY. 1.  EXCEPT AS OTHERWISE
LIMITED BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
  (A) TO SUE AND BE SUED;
  (B) TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (C) TO BORROW MONEY AND ISSUE NEGOTIABLE NOTES, BONDS OR  OTHER  OBLI-
GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF;
  (D)  TO  INVEST  ANY  FUNDS  HELD  IN RESERVE OR SINKING FUNDS, OR ANY
MONIES NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION
OF THE AUTHORITY, IN OBLIGATIONS OF  THE  STATE  OR  THE  UNITED  STATES
GOVERNMENT  OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUAR-
ANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT; OR CERTIFICATES  OF
DEPOSIT  OF  BANKS  OR  TRUST  COMPANIES OR IN BANK OR TRUST ACCOUNTS OF
BANKS IN THIS STATE, SECURED BY OBLIGATIONS OF THE UNITED STATES  OR  OF
THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT
OF THE DEPOSIT;
  (E)  TO  MAKE  AND  ALTER  BY-LAWS  FOR  ITS ORGANIZATION AND INTERNAL
MANAGEMENT, AND RULES AND REGULATIONS  GOVERNING  THE  EXERCISE  OF  ITS
POWERS AND THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
  (F)  TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
NECESSARY OR CONVENIENT;
  (G) TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY  IN  THE
EXERCISE OF ITS POWERS;
  (H)  TO  APPOINT A GENERAL MANAGER, WHO SHALL SERVE AT THE PLEASURE OF
THE AUTHORITY, AND SUCH OFFICERS AND EMPLOYEES THAT  THE  AUTHORITY  MAY
REQUIRE  FOR  THE  PERFORMANCE  OF  ITS DUTIES, AND TO FIX AND DETERMINE
THEIR QUALIFICATIONS, DUTIES, AND COMPENSATION AND TO RETAIN  OR  EMPLOY
COUNSEL, AUDITORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS
OR   OTHERWISE  FOR  RENDERING  PROFESSIONAL,  MANAGEMENT  OR  TECHNICAL
SERVICES AND ADVICE; SUCH GENERAL MANAGER, COUNSEL, AUDITORS, ENGINEERS,
AND PRIVATE CONSULTANTS, OFFICERS AND EMPLOYEES MAY NOT BE A  MEMBER  OF
THE AUTHORITY;
  (I) (1) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE RETIREMENT
AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
ITY  AND  ANY  OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE OR PROVIDE TO
ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
OTHER BENEFITS PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL  PURSUANT  TO
FEDERAL  OR  STATE  LAW.  NOTWITHSTANDING  ANY  PROVISIONS  OF THE CIVIL
SERVICE LAW, NO OFFICER OR EMPLOYEE OF A SUBSIDIARY CORPORATION, OF  THE
AUTHORITY,  OTHER THAN A PUBLIC BENEFIT SUBSIDIARY CORPORATION, SHALL BE
A PUBLIC OFFICER OR A PUBLIC EMPLOYEE;
  (2) THE AUTHORITY AND ANY OF  ITS  PUBLIC  BENEFIT  SUBSIDIARY  CORPO-
RATIONS  MAY BE A "PARTICIPATING EMPLOYER" IN THE NEW YORK STATE EMPLOY-
EES' RETIREMENT SYSTEM WITH RESPECT TO ONE OR MORE CLASSES  OF  OFFICERS
AND  EMPLOYEES  OF  SUCH AUTHORITY OR ANY SUCH PUBLIC BENEFIT SUBSIDIARY
CORPORATION, AS MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY  OR  ANY
SUCH  PUBLIC  BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE, OR ANY
SUBSEQUENT AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY
HIM OR HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT  AND  SOCIAL
SECURITY  LAW.  IN  TAKING  ANY  ACTION  PURSUANT TO THIS PARAGRAPH, THE
AUTHORITY AND ANY OF ITS PUBLIC BENEFIT  SUBSIDIARY  CORPORATIONS  SHALL
CONSIDER  THE  COVERAGES  AND BENEFITS CONTINUED OR PROVIDED PURSUANT TO
SUBPARAGRAPH ONE OF THIS PARAGRAPH;

S. 1450--A                          9                         A. 1403--A

  (J) TO MAKE PLANS,  SURVEYS,  AND  STUDIES  NECESSARY,  CONVENIENT  OR
DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
  (K) TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
THE  AUTHORITY MAY BE NECESSARY, CONVENIENT OR DESIRABLE FOR THE PURPOSE
OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY
PURPOSE AUTHORIZED BY THIS TITLE, THE AUTHORITY BEING LIABLE FOR  ACTUAL
DAMAGES DONE;
  (L)  THE  AUTHORITY  MAY  CONDUCT  INVESTIGATIONS  AND HEARINGS IN THE
FURTHERANCE OF ITS GENERAL PURPOSES, AND IN AID THEREOF HAVE  ACCESS  TO
ANY  BOOKS,  RECORDS OR PAPERS RELEVANT THERETO; AND IF ANY PERSON WHOSE
TESTIMONY SHALL BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES  OF
THE AUTHORITY SHALL FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY IN THE
CONDUCT  OF  ANY  INVESTIGATION  OR  HEARING, OR TO PRODUCE ANY RELEVANT
BOOKS, RECORDS OR OTHER PAPERS, THE AUTHORITY IS AUTHORIZED TO APPLY FOR
PROCESS OF SUBPOENA, TO ISSUE OUT  OF  ANY  COURT  OF  GENERAL  ORIGINAL
JURISDICTION WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
  (M)  TO  DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE;
  (N) TO ENTER INTO COLLECTIVE BARGAINING AGREEMENTS WITH  LABOR  REPRE-
SENTATIVES DULY ELECTED BY THE EMPLOYEES OF THE AUTHORITY; AND
  (O) TO INSURE OR PROVIDE FOR THE INSURANCE  OF THE AUTHORITY'S PROPER-
TY OR OPERATIONS AS REQUIRED BY LAW AND ALSO AGAINST SUCH OTHER RISKS AS
THE AUTHORITY MAY DEEM ADVISABLE.
  2.  THE  AUTHORITY SHALL FILE IN THE OFFICE OF THE COMMISSIONER ANNUAL
REPORTS, AFTER THE CLOSE OF EACH OF THE AUTHORITY'S FISCAL YEARS,  WHICH
SHALL BE OPEN TO PUBLIC INSPECTION. SUCH REPORTS SHALL INCLUDE, IN ADDI-
TION  TO ANY INFORMATION WHICH THE COMMISSIONER MAY REQUIRE, A STATEMENT
WITH RESPECT TO ITS OPERATIONS INCLUDING THE FOLLOWING DATA:
  (A) COST BREAKDOWN OF REAL PROPERTY ACQUIRED;
  (B) COST BREAKDOWN IN APPROPRIATE UNITS OF FACILITIES ACQUIRED;
  (C) OPERATING REVENUES; AND
  (D) OPERATING EXPENSES.
  THE AUTHORITY SHALL ALSO FILE COPIES OF SUCH  REPORTS  WITH  THE  TOWN
BOARD  OF  EACH  TOWN  WITHIN THE REGIONAL TRANSPORTATION DISTRICT WHERE
SUCH AUTHORITY OPERATES.
  S 1349-I. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE  THE
PURPOSES OF THIS TITLE:
  1.  THE  AUTHORITY  MAY  ACQUIRE,  BY PURCHASE, GIFT, GRANT, TRANSFER,
CONTRACT OR LEASE, OR CONDEMNATION, ANY TRANSPORTATION FACILITY, INCLUD-
ING PORT OR RELATED FACILITIES WHOLLY OR PARTIALLY  WITHIN  THE  PECONIC
BAY  REGIONAL  TRANSPORTATION  DISTRICT  OR ANY PART THEREOF, OR THE USE
THEREOF, AND MAY ENTER INTO ANY JOINT SERVICE ARRANGEMENTS  AS  PROVIDED
IN  THIS  TITLE. ANY SUCH ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL
BE AUTHORIZED ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY  NOT  LESS
THAN A MAJORITY VOTE OF THE AUTHORITY.
  2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
DETERMINE   NECESSARY,   CONVENIENT   OR   DESIRABLE  ITSELF  ESTABLISH,
CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE,  EXTEND  OR
REPAIR  ANY SUCH TRANSPORTATION FACILITY, OR MAY PROVIDE FOR SUCH ESTAB-
LISHMENT,  CONSTRUCTION,  EFFECTUATION,  OPERATION,  MAINTENANCE,  RENO-
VATION,  IMPROVEMENT,  EXTENSION  OR REPAIR BY CONTRACT, LEASE, OR OTHER
ARRANGEMENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM  NECESSARY,  CONVEN-
IENT  OR  DESIRABLE  WITH  ANY  PERSON, INCLUDING BUT NOT LIMITED TO ANY
COMMON CARRIER OR FREIGHT FORWARDER, THE STATE, ANY  STATE  AGENCY,  THE
FEDERAL  GOVERNMENT, ANY OTHER STATE OR AGENCY OR INSTRUMENTALITY THERE-

S. 1450--A                         10                         A. 1403--A

OF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER  STATE  OR  ANY  POLITICAL
SUBDIVISION  OR MUNICIPALITY OF THE STATE. IN CONNECTION WITH THE OPERA-
TION OF ANY SUCH TRANSPORTATION FACILITY, THE AUTHORITY  MAY  ESTABLISH,
CONSTRUCT,  EFFECTUATE,  OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
REPAIR OR MAY PROVIDE BY CONTRACT, LEASE OR OTHER  ARRANGEMENT  FOR  THE
ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
VATION,  IMPROVEMENT,  EXTENSION  OR  REPAIR OF ANY RELATED SERVICES AND
ACTIVITIES IT DEEMS NECESSARY, CONVENIENT OR  DESIRABLE,  INCLUDING  BUT
NOT  LIMITED TO THE TRANSPORTATION AND STORAGE OF FREIGHT AND THE UNITED
STATES MAIL, FEEDER AND CONNECTING TRANSPORTATION, PARKING AREAS, TRANS-
PORTATION CENTERS, PORTS, STATIONS AND RELATED FACILITIES.
  3. THE AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTAB-
LISHED, LEVIED AND COLLECTED  AND,  IN  THE  CASE  OF  A  JOINT  SERVICE
ARRANGEMENT,  JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND COLLECTION
OF SUCH FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS  IT  MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
TRANSPORTATION  FACILITY  AND RELATED SERVICES OPERATED BY THE AUTHORITY
OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
OR OTHER ARRANGEMENT, INCLUDING JOINT  SERVICE  ARRANGEMENTS,  WITH  THE
AUTHORITY.  ANY SUCH FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES
FOR THE TRANSPORTATION OF PASSENGERS SHALL BE  ESTABLISHED  AND  CHANGED
ONLY IF APPROVED BY RESOLUTION OF THE AUTHORITY ADOPTED BY NOT LESS THAN
A  MAJORITY  VOTE  OF  THE  AUTHORITY  AND  ONLY AFTER A PUBLIC HEARING,
PROVIDED HOWEVER, THAT FARES, TOLLS, RENTALS, RATES,  CHARGES  OR  OTHER
FEES FOR THE TRANSPORTATION OF PASSENGERS ON ANY TRANSPORTATION FACILITY
WHICH  ARE IN EFFECT AT THE TIME THAT THE THEN OWNER OF SUCH TRANSPORTA-
TION FACILITY BECOMES A SUBSIDIARY CORPORATION OF THE  AUTHORITY  OR  AT
THE  TIME THAT OPERATION OF SUCH TRANSPORTATION FACILITY IS COMMENCED BY
THE AUTHORITY OR IS COMMENCED UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT
INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY MAY BE  CONTIN-
UED IN EFFECT WITHOUT SUCH A HEARING. SUCH FARES, TOLLS, RENTALS, RATES,
CHARGES  AND  OTHER  FEES SHALL BE ESTABLISHED AS MAY IN THE JUDGMENT OF
THE AUTHORITY BE NECESSARY TO MAINTAIN THE COMBINED  OPERATIONS  OF  THE
AUTHORITY  AND  ITS  SUBSIDIARY CORPORATIONS ON A SELF-SUSTAINING BASIS.
THE SAID OPERATIONS SHALL BE DEEMED TO BE ON A SELF-SUSTAINING BASIS  AS
REQUIRED BY THIS TITLE, WHEN THE AUTHORITY IS ABLE TO PAY OR CAUSE TO BE
PAID  FROM REVENUE AND ANY OTHER FUNDS OR PROPERTY ACTUALLY AVAILABLE TO
THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS  (A)  AS  THE  SAME  SHALL
BECOME  DUE,  THE  PRINCIPAL  OF AND INTEREST ON THE BONDS AND NOTES AND
OTHER OBLIGATIONS OF THE AUTHORITY AND OF SUCH SUBSIDIARY  CORPORATIONS,
TOGETHER  WITH THE MAINTENANCE OF PROPER RESERVES THEREFOR, (B) THE COST
AND EXPENSE OF KEEPING THE PROPERTIES AND ASSETS OF  THE  AUTHORITY  AND
ITS  SUBSIDIARY  CORPORATIONS  IN GOOD CONDITION AND REPAIR, AND (C) THE
CAPITAL AND OPERATING EXPENSES  OF  THE  AUTHORITY  AND  ITS  SUBSIDIARY
CORPORATIONS.  THE  AUTHORITY MAY CONTRACT WITH THE HOLDERS OF BONDS AND
NOTES WITH RESPECT TO THE EXERCISE OF  THE  POWERS  AUTHORIZED  BY  THIS
SECTION.
  4.  THE  AUTHORITY  MAY  ESTABLISH  AND,  IN THE CASE OF JOINT SERVICE
ARRANGEMENTS, JOIN WITH OTHERS IN THE ESTABLISHMENT  OF  SUCH  SCHEDULES
AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
ING  BUT  NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE CONDUCT AND
SAFETY OF THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT  OR  DESIRABLE
FOR  THE  USE  AND  OPERATION OF ANY TRANSPORTATION FACILITY AND RELATED
SERVICES OPERATED BY THE AUTHORITY OR UNDER  CONTRACT,  LEASE  OR  OTHER
ARRANGEMENT,  INCLUDING  JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
SUCH RULES AND REGULATIONS GOVERNING  THE  CONDUCT  AND  SAFETY  OF  THE

S. 1450--A                         11                         A. 1403--A

PUBLIC  SHALL  BE  FILED  WITH  THE  DEPARTMENT  OF  STATE IN THE MANNER
PROVIDED BY SECTION ONE HUNDRED TWO OF THE EXECUTIVE LAW. IN THE CASE OF
ANY CONFLICT BETWEEN ANY  SUCH  RULE  OR  REGULATION  OF  THE  AUTHORITY
GOVERNING  THE  CONDUCT OR SAFETY OF THE PUBLIC AND ANY LOCAL LAW, ORDI-
NANCE, RULE OR REGULATION, SUCH RULE  OR  REGULATION  OF  THE  AUTHORITY
SHALL PREVAIL.  VIOLATION OF ANY SUCH RULE OR REGULATION OF THE AUTHORI-
TY  GOVERNING  THE  CONDUCT  OR  THE SAFETY OF THE PUBLIC IN OR UPON ANY
FACILITY OF THE AUTHORITY SHALL  CONSTITUTE  AN  OFFENSE  AND  SHALL  BE
PUNISHABLE BY A FINE NOT EXCEEDING FIFTY DOLLARS OR IMPRISONMENT FOR NOT
MORE THAN THIRTY DAYS OR BOTH.
  5.  THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR  REPAIR  ANY
OF  ITS  FACILITIES  THROUGH,  AND  CAUSE ANY ONE OR MORE OF ITS POWERS,
DUTIES, FUNCTIONS OR ACTIVITIES TO BE EXERCISED OR PERFORMED BY, ONE  OR
MORE  WHOLLY  OWNED  SUBSIDIARY  CORPORATIONS  OF  THE AUTHORITY AND MAY
TRANSFER TO OR FROM ANY SUCH CORPORATION ANY MONEYS,  REAL  PROPERTY  OR
OTHER  PROPERTY  FOR ANY OF THE PURPOSES OF THIS TITLE. THE DIRECTORS OR
MEMBERS OF EACH SUCH SUBSIDIARY CORPORATION SHALL BE  THE  SAME  PERSONS
HOLDING  THE  OFFICES  OF MEMBERS OF THE AUTHORITY. EACH SUCH SUBSIDIARY
CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS AND ACTIVITIES SHALL HAVE
ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND  OTHER  EXEMPTIONS
OF  THE  AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS AND ACTIV-
ITIES.  EACH  SUCH  SUBSIDIARY  CORPORATION  SHALL  BE  SUBJECT  TO  THE
RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. EACH
SUCH  SUBSIDIARY CORPORATION SHALL BE SUBJECT TO SUIT IN ACCORDANCE WITH
SECTION THIRTEEN HUNDRED FORTY-NINE-S OF THIS TITLE.  THE  EMPLOYEES  OF
ANY  SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE ALSO EMPLOYEES OF
THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE  AUTHORITY.  IF  THE
AUTHORITY  SHALL  DETERMINE  THAT  ONE  OR MORE OF ITS SUBSIDIARY CORPO-
RATIONS SHOULD BE IN THE FORM OF A PUBLIC BENEFIT CORPORATION, IT  SHALL
CREATE EACH SUCH PUBLIC BENEFIT CORPORATION BY EXECUTING AND FILING WITH
THE  SECRETARY  OF  STATE  A  CERTIFICATE OF INCORPORATION, WHICH MAY BE
AMENDED FROM TIME TO TIME BY FILING, WHICH SHALL SET FORTH THE  NAME  OF
SUCH  PUBLIC  BENEFIT SUBSIDIARY CORPORATION, ITS DURATION, THE LOCATION
OF ITS PRINCIPAL OFFICE, AND ANY OR ALL OF THE  PURPOSES  OF  ACQUIRING,
OWNING,  LEASING,  ESTABLISHING,  CONSTRUCTING, EFFECTUATING, OPERATING,
MAINTAINING, RENOVATING, IMPROVING, EXTENDING OR REPAIRING ONE  OR  MORE
FACILITIES  OF THE AUTHORITY. EACH SUCH PUBLIC BENEFIT SUBSIDIARY CORPO-
RATION SHALL BE A BODY POLITIC AND CORPORATE AND SHALL  HAVE  ALL  THOSE
POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF THIS TITLE WHICH THE
AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS CERTIFICATE OF INCORPORATION
EXCEPT  THE  POWER  TO CONTRACT INDEBTEDNESS.  WHENEVER ANY STATE, POLI-
TICAL SUBDIVISION, MUNICIPALITY, COMMISSION,  AGENCY,  OFFICER,  DEPART-
MENT,  BOARD,  DIVISION OR PERSON IS AUTHORIZED AND EMPOWERED FOR ANY OF
THE PURPOSES OF THIS TITLE TO COOPERATE AND ENTER INTO  AGREEMENTS  WITH
THE  AUTHORITY  SUCH STATE, POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION OR PERSON SHALL  HAVE
THE  SAME  AUTHORIZATION AND POWER FOR ANY OF SUCH PURPOSES TO COOPERATE
AND ENTER INTO AGREEMENTS WITH A SUBSIDIARY CORPORATION OF THE  AUTHORI-
TY.
  6.  THE  AUTHORITY,  IN  ITS OWN NAME OR IN THE NAME OF THE STATE, MAY
APPLY FOR AND RECEIVE AND ACCEPT GRANTS OF PROPERTY, MONEY AND  SERVICES
AND  OTHER  ASSISTANCE  OFFERED  OR  MADE AVAILABLE TO IT BY ANY PERSON,
GOVERNMENT OR AGENCY WHATEVER, WHICH IT MAY USE OR MEET CAPITAL OR OPER-
ATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF ITS POWERS, AND

S. 1450--A                         12                         A. 1403--A

TO NEGOTIATE FOR THE SAME UPON SUCH TERMS AND CONDITIONS AS THE AUTHORI-
TY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR DESIRABLE.
  7.  THE  AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT OR
DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
TRANSPORTATION FACILITIES, EQUIPMENT OR REAL  PROPERTY  OPERATED  BY  OR
UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. EXCEPT AS
SPECIALLY  PROVIDED IN THIS TITLE, NO MUNICIPALITY OR POLITICAL SUBDIVI-
SION, INCLUDING BUT NOT LIMITED TO A  COUNTY,  CITY,  VILLAGE,  TOWN  OR
SCHOOL  OR OTHER DISTRICT SHALL HAVE JURISDICTION OVER ANY FACILITIES OF
THE AUTHORITY OR ANY OF ITS ACTIVITIES OR OPERATIONS. IN THE  OPERATION,
MAINTENANCE AND CONTROL OF ANY FACILITIES DEVOTED TO PURPOSES OTHER THAN
DIRECT  TRANSPORTATION  PURPOSES,  THE AUTHORITY SHALL BE SUBJECT TO ALL
LOCAL LAWS, RESOLUTIONS, ORDINANCES, RULES AND REGULATIONS OF A  MUNICI-
PALITY OR POLITICAL SUBDIVISION. EACH MUNICIPALITY OR POLITICAL SUBDIVI-
SION,  INCLUDING  BUT  NOT  LIMITED  TO A COUNTY, CITY, VILLAGE, TOWN OR
DISTRICT IN WHICH ANY FACILITIES OF  THE  AUTHORITY  ARE  LOCATED  SHALL
PROVIDE  FOR SUCH FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES
OF THE SAME CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESI-
DENTS OF SUCH MUNICIPALITY OR POLITICAL SUBDIVISION. THE  AUTHORITY  MAY
AGREE  WITH  THE STATE DEPARTMENT OF TRANSPORTATION FOR THE EXECUTION BY
SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR  ANY  GRADE
CROSSING  SEPARATION  RECONSTRUCTION PROJECT ALONG ANY RAILROAD FACILITY
OPERATED BY THE AUTHORITY OR BY ONE OF ITS  SUBSIDIARY  CORPORATIONS  OR
UNDER  CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
PROJECT SHALL BE EXECUTED AS PROVIDED IN THE GRADE CROSSING  ELIMINATION
ACT  AND  THE  RAILROAD  LAW,  RESPECTIVELY,  AND  THE COSTS OF ANY SUCH
PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHOR-
ITY'S SHARE OF SUCH COSTS SHALL BE BORNE BY THE STATE.
  8. THE AUTHORITY MAY ACCEPT UNCONDITIONAL GRANTS OF MONEY OR  PROPERTY
AS  SUBSIDY  PAYMENTS  FOR  EXPANSION  OF  SERVICE INTO AREAS WHERE SUCH
SERVICE WOULD NOT BE SELF-SUPPORTING. THE AUTHORITY MAY ACCEPT  UNCONDI-
TIONAL GRANTS OF MONEY OR PROPERTY FROM ANY CITY, VILLAGE, TOWN OR COUN-
TY  NOT  WHOLLY  CONTAINED  WITHIN A CITY THE WHOLE OR ANY PART OF WHICH
SHALL BE SERVED OR TO BE SERVED BY A TRANSPORTATION FACILITY OPERATED BY
THE AUTHORITY. SUCH GRANTS OF MONEY OR PROPERTY WOULD BE FOR THE PURPOSE
OF ASSISTING THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES.
THE ACCEPTANCE OF ANY SUCH GRANT SHALL NOT OPERATE TO MAKE THE AUTHORITY
AN AGENCY OF THE MUNICIPALITY MAKING THE GRANT. THE PROVISIONS  OF  THIS
SECTION  ARE  INTENDED  AS  ENABLING  LEGISLATION  ONLY AND SHALL NOT BE
INTERPRETED AS IMPLYING THAT ABSENT THEIR ENACTMENT AN  AUTHORITY  WOULD
LACK THE POWER TO ACCEPT SUCH GRANT OR SUBSIDY.
  9.  THE  AUTHORITY IS HEREBY DIRECTED TO PREPARE A TRANSPORTATION PLAN
FOR THE PECONIC BAY REGIONAL TRANSPORTATION DISTRICT.  SUCH  PLAN  SHALL
CONSIDER  BUT  NOT  BE  LIMITED TO THE FOLLOWING TRANSPORTATION ALTERNA-
TIVES:
  (A) ESTABLISHMENT  OF  PARK  AND  RAIL  STATIONS  AT  GABRESKI  COUNTY
AIRPORT,  WESTHAMPTON,  SOUTHAMPTON  COLLEGE,  SOUTHAMPTON, EAST HAMPTON
TOWN AIRPORT, EAST HAMPTON, AND MONTAUK;
  (B) ESTABLISHMENT OF SHUTTLE TRAINS FROM MONTAUK TO EAST HAMPTON, EAST
HAMPTON TO SOUTHAMPTON, AND SOUTHAMPTON TO  WESTHAMPTON,  UTILIZING  THE
EXISTING LONG ISLAND RAILROAD RIGHT-OF-WAY;
  (C) ADDITION OF MORE NON-STOP TRAINS FROM NEW YORK CITY TO THE PECONIC
BAY REGIONAL TRANSPORTATION DISTRICT ON A SEASONABLE AND WEEKEND BASIS;
  (D)  ESTABLISHMENT  OF  OUTLYING  PARKING  AREAS  AND SHUTTLE BUSES TO
REDUCE CONGESTION IN CENTRAL BUSINESS DISTRICTS;

S. 1450--A                         13                         A. 1403--A

  (E) ESTABLISHMENT  OF  A  HEALTH  AND  HUMAN  SERVICES  TRANSPORTATION
PROGRAM TO ASSIST SENIOR CITIZENS IN LOWER INCOME RESIDENTIAL AREAS;
  (F)  TRANSFER  OF AUTHORITY FOR THE ESTABLISHMENT OF SPEED LIMITS FROM
STATE TO LOCAL GOVERNMENT;
  (G) RECONFIGURATION OF THE COUNTY BUS SYSTEM TO COMPLEMENT NEW TRANSIT
OPTIONS SUCH AS PARK AND RAIL, SHUTTLE  TRAINS,  INCREASED  TRAINS,  AND
OUTLYING PARKING AREAS;
  (H) A BIKE PATH NETWORK; AND
  (I) PASSENGER FERRIES.
  10.  NOTWITHSTANDING  ANY  OF  THE ABOVE PROVISIONS, NO PROJECT MAY BE
UNDERTAKEN BY THE AUTHORITY UNLESS SUCH PROJECT IS A PART OF OR CONSIST-
ENT WITH THE ADOPTED MASTER PLAN.
  S 1349-J. ACQUISITION AND DISPOSITION OF REAL PROPERTY. 1. IN ADDITION
TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-H OF  THIS
TITLE TO ACQUIRE TRANSPORTATION FACILITIES, EQUIPMENT AND REAL PROPERTY,
THE  AUTHORITY  MAY  ACQUIRE,  BY  CONDEMNATION  PURSUANT TO THE EMINENT
DOMAIN  PROCEDURE  LAW  AND/OR  IN  ACCORDANCE  WITH  THE   CONDEMNATION
PROVISIONS  OF  SUBDIVISION  SEVEN OF THIS SECTION, ANY REAL PROPERTY IT
MAY DEEM NECESSARY, CONVENIENT, OR DESIRABLE TO EFFECTUATE  THE  PURPOSE
OF THIS TITLE, PROVIDED, HOWEVER, THAT ANY SUCH CONDEMNATION PROCEEDINGS
SHALL  BE  BROUGHT  ONLY IN THE SUPREME COURT AND THE COMPENSATION TO BE
PAID SHALL BE ASCERTAINED AND DETERMINED BY THE COURT  WITHOUT  A  JURY.
NOTWITHSTANDING  THE  FOREGOING  PROVISIONS OF THIS SUBDIVISION, NO REAL
PROPERTY MAY BE ACQUIRED BY THE AUTHORITY BY CONDEMNATION OR BY PURCHASE
FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS  THE  GOVERNING
BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
SHALL FIRST CONSENT TO SUCH ACQUISITION.
  2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
AUTHORITY  FROM  BRINGING  ANY PROCEEDINGS TO REMOVE A CLOUD ON TITLE OR
SUCH OTHER PROCEEDINGS AS IT MAY, IN ITS  DISCRETION,  DEEM  PROPER  AND
NECESSARY  OR  FROM  ACQUIRING  ANY  SUCH  PROPERTY  BY  NEGOTIATION  OR
PURCHASE.
  3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS  TO  CONDEMN
ANY  REAL  PROPERTY  FOR  ANY  OF  THE PURPOSES OF THIS TITLE REMAINS IN
POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING  OF  TITLE  IN
THE  CONDEMNOR,  THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
SUCH PROPERTY SUBSEQUENT TO SUCH TIME AS FIXED BY AGREEMENT  OR  BY  THE
COURT  IN  SUCH  PROCEEDINGS  OR  BY ANY COURT OF COMPETENT JURISDICTION
SHALL BE A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS  OF  RECORD
AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
  4.  TITLE  TO ALL PROPERTY ACQUIRED UNDER THIS TITLE SHALL VEST IN THE
AUTHORITY.
  5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE  INTER-
EST  OF  THE  AUTHORITY,  DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT  OR
DESIRABLE FOR ITS PURPOSES.
  6.  THE  AUTHORITY  MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
INTEREST OF THE AUTHORITY, RENT,  LEASE  OR  GRANT  EASEMENTS  OR  OTHER
RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
  7.  THE  AUTHORITY  MAY ADOPT THE FOLLOWING CONDEMNATION PROCEDURES. A
CERTIFIED COPY OF A RESOLUTION ADOPTED BY THE AUTHORITY AUTHORIZING  THE
ACQUISITION  AND IDENTIFYING AND DESCRIBING THE PROPERTY AND FRANCHISES,
IF ANY, SOUGHT TO BE ACQUIRED BY CONDEMNATION  SHALL  BE  FILED  IN  THE
OFFICE OF THE COUNTY CLERK OF THE COUNTY IN WHICH SUCH PROPERTY IS SITU-
ATED,  HELD OR MAINTAINED. A PETITION FOR AN ORDER VESTING TITLE TO SUCH
PROPERTY AND FRANCHISES, IF ANY, SOUGHT TO BE ACQUIRED  BY  CONDEMNATION

S. 1450--A                         14                         A. 1403--A

SHALL  SET  FORTH  A DESCRIPTION OF THE SAID PROPERTY AND FRANCHISES, IF
ANY, AND A PRAYER THAT TITLE  BE  VESTED  IN  THE  AUTHORITY,  SHALL  BE
PRESENTED,  UPON  NOTICE OF THE APPLICATION TO CONDEMN PUBLISHED IN FIVE
SUCCESSIVE  ISSUES  OF  A  PUBLICATION OF GENERAL CIRCULATION WITHIN THE
COUNTY WHERE SUCH PROPERTY AND FRANCHISES, IF ANY,  ARE  LOCATED,  TO  A
SPECIAL  TERM  OF THE SUPREME COURT HELD AT THE TIME AND PLACE SPECIFIED
IN SUCH NOTICE, WITHIN THE JUDICIAL DISTRICT IN WHICH THE PROPERTY BEING
ACQUIRED OR SOME PART THEREOF IS SITUATED. SUCH PROCEEDINGS  SHALL  HAVE
PRECEDENCE OVER ALL OTHER CASES ON THE CALENDAR OF SUCH COURT, ANY OTHER
PROVISION  OF LAW TO THE CONTRARY NOTWITHSTANDING. UPON DUE PROOF TO THE
SATISFACTION OF THE COURT OF THE FILING OF THE RESOLUTION  AS  DESCRIBED
IN THIS TITLE, SUCH COURT, NOT LATER THAN THREE DAYS AFTER THE PRESENTA-
TION  OF  THE  PETITION, SHALL THEREUPON ENTER AN ORDER VESTING TITLE TO
SUCH PROPERTY AND FRANCHISES, IF ANY, IN THE AUTHORITY. UPON SUCH  VEST-
ING  OF  TITLE THE AUTHORITY SHALL HAVE THE RIGHT TO ENTER UPON AND TAKE
POSSESSION OF SUCH PROPERTY. A  NOTICE  OF  SUCH  ACQUISITION  SHALL  BE
DIRECTED  TO  THE  OWNERS  OF  THE  PROPERTY  AND FRANCHISES, IF ANY, SO
ACQUIRED AND TO ANY OTHER PERSON OR PERSONS HAVING AN  ESTATE,  INTEREST
OR EASEMENT IN SUCH PROPERTY OR A LIEN, CHARGE OR ENCUMBRANCE THEREON BY
PERSONAL  SERVICE OR BY REGISTERED MAIL AT THE LAST KNOWN ADDRESS WITHIN
FIFTEEN DAYS AFTER SUCH VESTING OF TITLE. SUCH NOTICE  SHALL  SET  FORTH
SUCH  RESOLUTION,  THE  DATE OF THE SUBMISSION TO THE COURT, THE DATE OF
THE ORDER VESTING TITLE IN SUCH AUTHORITY AND SUCH OTHER MATTERS AS  THE
AUTHORITY MAY DETERMINE.
  8. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR THE PAYMENT OF THE
COST AND EXPENSE OF THE ACQUISITION THEREOF, THE DEPARTMENT OF TRANSPOR-
TATION  OF  THE  STATE OF NEW YORK, WHEN REQUESTED BY THE AUTHORITY, MAY
ACQUIRE SUCH REAL PROPERTY IN THE NAME OF THE STATE AS MAY BE DETERMINED
FROM TIME TO TIME BY THE AUTHORITY AS  BEING  NECESSARY,  CONVENIENT  OR
DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS TITLE, MAY REMOVE THE OWNER
OR  OCCUPANT  THEREOF  WHERE  NECESSARY, AND OBTAIN POSSESSION AND, WHEN
REQUESTED BY  THE  AUTHORITY,  MAY  DISPOSE  OF  ANY  REAL  PROPERTY  SO
ACQUIRED,  ALL  ACCORDING TO THE PROCEDURE PROVIDED IN SECTION THIRTY OF
THE HIGHWAY LAW AND PURSUANT TO THE  PROCEDURE  REQUIRED  UNDER  FEDERAL
LAW,  WHEN APPLICABLE. THE AUTHORITY SHALL HAVE THE RIGHT TO POSSESS AND
USE FOR ITS CORPORATE PURPOSES  ALL  SUCH  REAL  PROPERTY  SO  ACQUIRED.
CLAIMS  FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR LEGAL DAMAGES
CAUSED BY ANY SUCH APPROPRIATION SHALL BE  ADJUSTED  AND  DETERMINED  BY
SUCH  DEPARTMENT  WITH  THE APPROVAL OF THE AUTHORITY OR BY THE COURT OF
CLAIMS AS PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW AND AS  REQUIRED
BY  FEDERAL  LAW,  WHEN APPLICABLE. WHEN A CLAIM HAS BEEN FILED WITH THE
COURT OF CLAIMS, THE CLAIMANT SHALL CAUSE A COPY OF  SUCH  CLAIM  TO  BE
SERVED  UPON  THE AUTHORITY AND THE AUTHORITY SHALL HAVE THE RIGHT TO BE
REPRESENTED AND HEARD BEFORE SUCH COURT. ALL AWARDS AND JUDGMENTS  ARIS-
ING  FROM  SUCH  CLAIMS SHALL BE PAID OUT OF MONEYS OF THE AUTHORITY. NO
REAL PROPERTY MAY BE ACQUIRED PURSUANT TO THE PROVISIONS OF THIS SECTION
FOR PURPOSES OTHER THAN A TRANSPORTATION FACILITY UNLESS  THE  GOVERNING
BODY OF THE CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED
SHALL FIRST CONSENT TO SUCH ACQUISITION.
  S  1349-K. COOPERATION AND ASSISTANCE OF OTHER AGENCIES. IN THE INTER-
EST OF ECONOMY AND TO PROMOTE COORDINATION OF  AUTHORITY  PROJECTS  WITH
STATE, LOCAL, COUNTY AND REGIONAL PLANS AND ALSO TO CARRY OUT THE OBJEC-
TIVE  OF  FULL  PARTICIPATION  OF  ALL  AGENCIES IN THE DEVELOPMENT OF A
TRANSPORTATION SYSTEM AND FACILITIES TO  MEET  THE  OBJECTIVES  OF  THIS
TITLE,  THE  AUTHORITY  SHALL  REQUEST  AND USE EXISTING STUDIES, MASTER
PLANS, SURVEYS, DATA AND OTHER MATERIALS COMPLETED BY OR UNDER  DEVELOP-

S. 1450--A                         15                         A. 1403--A

MENT BY ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OF
THE  STATE.  THE  AUTHORITY  SHALL  CONSULT  WITH AND COOPERATE WITH THE
COMMISSIONER AND WITH PLANNING AUTHORITIES IN THE  AREAS  OF  ITS  OPER-
ATIONS  AND  SHALL  UTILIZE  LOCAL  OR STATE PLANNING. WHEN A PROJECT IS
CONTEMPLATED BY THE AUTHORITY, THE AUTHORITY SHALL SUBMIT A  PRELIMINARY
PROSPECTUS  THEREOF TO THE COMMISSIONER FOR REVIEW AND COMMENT AND SHALL
CONSIDER THE REPORT OF THE COMMISSIONER IN  FORMULATING  DETAILED  PLANS
FOR SUCH PROJECT. WHEN A PROJECT IS CONTEMPLATED BY THE AUTHORITY WITHIN
THE  JURISDICTION  OF  ANY  SUFFOLK COUNTY PLANNING BOARD, THE AUTHORITY
SHALL PREPARE A PRELIMINARY PROSPECTUS THEREOF, DESCRIBING THE  PURPOSE,
GENERAL  LOCATION,  AND  NATURE  OF  THE PROJECT CONTEMPLATED, WITH SUCH
FURTHER DATA RELATIVE THERETO THAT THE AUTHORITY SHALL  CONSIDER  PERTI-
NENT.  WITHIN  SIXTY  DAYS  OF  RECEIPT OF SUCH PROSPECTUS SUCH PLANNING
BOARD SHALL PREPARE A REPORT THEREON, COMMENTING ON  ITS  CONFORMITY  OR
LACK  OF  CONFORMITY  WITH ANY RELATED OFFICIAL PLAN OF THE STATE OR ANY
OFFICIAL PLANNING AGENCY WITHIN THE REGION. SUCH REPORT SHALL BE CONSID-
ERED BY THE AUTHORITY IN FORMULATING DETAILED PLANS FOR SUCH A  PROJECT.
AT  THE  REQUEST  OF  THE  AUTHORITY,  EACH SUCH AGENCY, MUNICIPALITY OR
SUBDIVISION WHICH IS ENGAGED IN HIGHWAY OR OTHER  TRANSPORTATION  ACTIV-
ITIES  OR  IN LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS CHARGED WITH
THE DUTY OF PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY  OR  ANY
OTHER  PUBLIC  FACILITY,  IS FURTHER AUTHORIZED TO PROVIDE THE AUTHORITY
WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS AFFECTING  THE  TRANS-
PORTATION  DISTRICT  SO  THAT  THE  AUTHORITY  MAY  HAVE AVAILABLE TO IT
CURRENT INFORMATION WITH RESPECT THERETO. THE OFFICERS AND PERSONNEL  OF
SUCH  AGENCIES, MUNICIPALITIES OR SUBDIVISIONS, AND OF ANY OTHER GOVERN-
MENT OR AGENCY WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY  UPON
SUCH  ADVISORY COMMITTEES AS THE AUTHORITY SHALL DETERMINE TO CREATE AND
SUCH OFFICERS AND PERSONNEL  MAY  SERVE  UPON  SUCH  COMMITTEES  WITHOUT
FORFEITURE OF OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE
COMPENSATION, STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
  S 1349-L. NOTES AND BONDS OF THE AUTHORITY. 1. (A) THE AUTHORITY SHALL
HAVE  POWER  AND  IS HEREBY AUTHORIZED FROM TIME TO TIME TO BORROW MONEY
AND ISSUE ITS NEGOTIABLE BONDS AND NOTES IN SUCH PRINCIPAL  AMOUNT,  AS,
IN  THE  OPINION  OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFI-
CIENT FUNDS FOR  ACHIEVING  ITS  PURPOSES,  INCLUDING  THE  ACQUISITION,
ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENO-
VATION, IMPROVEMENT, EXTENSION OR REPAIR OF ANY TRANSPORTATION FACILITY,
THE  PAYMENT OF INTEREST ON BONDS AND NOTES OF THE AUTHORITY, ESTABLISH-
MENT OF RESERVES TO SECURE SUCH BONDS AND NOTES, THE PROVISION OF  WORK-
ING  CAPITAL AND ALL OTHER EXPENDITURES OF THE AUTHORITY AND ITS SUBSID-
IARY CORPORATIONS INCIDENT TO AND NECESSARY OR CONVENIENT TO  CARRY  OUT
THEIR PURPOSES AND POWERS;
  (B)  THE  AUTHORITY  SHALL  HAVE  POWER,  FROM  TIME TO TIME, TO ISSUE
RENEWAL NOTES, TO ISSUE BONDS TO PAY NOTES AND WHENEVER IT DEEMS REFUND-
ING EXPEDIENT, TO REFUND ANY BONDS BY THE ISSUANCE OF NEW BONDS, WHETHER
THE BONDS TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND  TO  ISSUE  BONDS
PARTLY  TO  REFUND  BONDS  THEN  OUTSTANDING  AND  PARTLY  FOR ANY OTHER
PURPOSE. THE REFUNDING BONDS SHALL BE SOLD AND THE PROCEEDS  APPLIED  TO
THE PURCHASE, REDEMPTION OR PAYMENT OF THE BONDS TO BE REFUNDED;
  (C)  EXCEPT  AS  MAY OTHERWISE BE EXPRESSLY PROVIDED BY THE AUTHORITY,
EVERY ISSUE OF ITS NOTES OR BONDS SHALL BE GENERAL  OBLIGATIONS  OF  THE
AUTHORITY  PAYABLE  OUT  OF  ANY  REVENUES  OR  MONEYS OF THE AUTHORITY,
SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF PARTICULAR  NOTES  OR
BONDS PLEDGING ANY PARTICULAR RECEIPTS OR REVENUES;

S. 1450--A                         16                         A. 1403--A

  (D)  WHETHER  OR NOT THE NOTES OR BONDS ARE OF SUCH FORM AND CHARACTER
AS TO BE NEGOTIABLE INSTRUMENTS  UNDER  ARTICLE  EIGHT  OF  THE  UNIFORM
COMMERCIAL CODE, THE NOTES OR BONDS SHALL BE AND HEREBY ARE MADE NEGOTI-
ABLE INSTRUMENTS WITHIN THE MEANING OF AND FOR ALL THE PURPOSES OF ARTI-
CLE EIGHT OF THE UNIFORM COMMERCIAL CODE, SUBJECT ONLY TO THE PROVISIONS
OF THE NOTES OR BONDS FOR REGISTRATION.
  2.  THE  NOTES AND BONDS SHALL BE AUTHORIZED BY RESOLUTION APPROVED BY
NOT LESS THAN A MAJORITY VOTE OF THE AUTHORITY, SHALL BEAR SUCH DATE  OR
DATES, AND SHALL MATURE AT SUCH TIME OR TIMES, AS SPECIFIED THEREIN, AND
IN  THE CASE OF ANY SUCH BOND NOT EXCEEDING FIFTY YEARS FROM THE DATE OF
ISSUE, AS SUCH RESOLUTION OR RESOLUTIONS  MAY  PROVIDE.  THE  NOTES  AND
BONDS  SHALL  BEAR  INTEREST  AT  SUCH RATE OR RATES, BE IN SUCH DENOMI-
NATIONS, BE IN SUCH FORM, EITHER COUPON OR REGISTERED, CARRY SUCH REGIS-
TRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDI-
UM OF PAYMENT, AT SUCH PLACE OR PLACES AND BE SUBJECT TO SUCH  TERMS  OF
REDEMPTION  AS SUCH RESOLUTION OR RESOLUTIONS MAY PROVIDE. THE NOTES AND
BONDS OF THE AUTHORITY MAY BE  SOLD  BY  THE  AUTHORITY,  AT  PUBLIC  OR
PRIVATE  SALE, AT SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE.
NO NOTES OR BONDS OF THE AUTHORITY MAY  BE  SOLD  BY  THE  AUTHORITY  AT
PRIVATE  SALE, HOWEVER, UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN
APPROVED IN WRITING BY (A) THE COMPTROLLER, WHERE SUCH SALE  IS  NOT  TO
THE  COMPTROLLER,  OR (B) THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS
TO THE COMPTROLLER.
  3. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES OR BONDS OR ANY
ISSUE THEREOF MAY CONTAIN PROVISIONS, WHICH  SHALL  BE  A  PART  OF  THE
CONTRACT  WITH  THE HOLDERS THEREOF, AS TO: (A) PLEDGING ALL OR ANY PART
OF THE FARES, TOLLS, RENTALS, RATES, CHARGES  AND  OTHER  FEES  MADE  OR
RECEIVED  BY  THE  AUTHORITY  OR ANY OF ITS SUBSIDIARY CORPORATIONS, AND
OTHER MONEYS RECEIVED OR TO BE RECEIVED, TO SECURE THE  PAYMENT  OF  THE
NOTES  OR BONDS OR OF ANY ISSUE THEREOF, SUBJECT TO SUCH AGREEMENTS WITH
BONDHOLDERS OR NOTEHOLDERS AS MAY THEN EXIST;
  (B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF  ANY
OF  ITS  SUBSIDIARY  CORPORATIONS  TO SECURE THE PAYMENT OF THE NOTES OR
BONDS OR OF ANY ISSUE OF NOTES OR BONDS, SUBJECT TO SUCH AGREEMENTS WITH
NOTEHOLDERS OR BONDHOLDERS AS MAY THEN EXIST;
  (C) THE USE, AND DISPOSITION OF FARES, TOLLS, RENTALS, RATES,  CHARGES
AND  OTHER  FEES MADE OR RECEIVED BY THE AUTHORITY OR ANY OF ITS SUBSID-
IARY CORPORATIONS;
  (D) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE  REGULATION
AND DISPOSITION THEREOF;
  (E)  LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF NOTES
OR BONDS MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE PAYMENT
OF THE NOTES OR BONDS OR OF ANY ISSUE THEREOF;
  (F) LIMITATIONS ON THE ISSUANCE OF  ADDITIONAL  NOTES  OR  BONDS;  THE
TERMS  UPON  WHICH  ADDITIONAL NOTES OR BONDS MAY BE ISSUED AND SECURED;
THE REFUNDING OF OUTSTANDING OR OTHER NOTES OR BONDS;
  (G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS  OF  ANY  CONTRACT  WITH
NOTEHOLDERS  OR  BONDHOLDERS  MAY BE AMENDED OR ABROGATED, THE AMOUNT OF
NOTES OR BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO, AND THE MANNER
IN WHICH SUCH CONSENT MAY BE GIVEN;
  (H) LIMITATIONS ON THE AMOUNT OF MONEYS TO BE EXPENDED BY THE AUTHORI-
TY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR OPERATING, ADMINISTRATIVE OR
OTHER EXPENSES OF THE AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS;
  (I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
ALL OF THE RIGHTS, POWERS AND DUTIES OF THE  TRUSTEE  APPOINTED  BY  THE

S. 1450--A                         17                         A. 1403--A

BONDHOLDERS PURSUANT TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT
OF THE BONDHOLDERS TO APPOINT A TRUSTEE UNDER THIS TITLE OR LIMITING THE
RIGHTS, POWERS AND DUTIES OF SUCH TRUSTEE; AND
  (J)  ANY  OTHER  MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES OR BONDS.
  4. IN ADDITION TO THE POWERS CONFERRED UPON THE  AUTHORITY  TO  SECURE
ITS  NOTES  AND BONDS, THE AUTHORITY SHALL HAVE POWER IN CONNECTION WITH
THE ISSUANCE OF NOTES AND BONDS TO ENTER INTO  SUCH  AGREEMENTS  AS  THE
AUTHORITY MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE
OR  DISPOSITION  OF  ITS MONIES OR PROPERTY OR THE MONIES OR PROPERTY OF
ANY OF ITS SUBSIDIARY CORPORATIONS, INCLUDING THE MORTGAGING OF ANY SUCH
PROPERTY AND THE ENTRUSTING, PLEDGING OR CREATION OF ANY OTHER  SECURITY
INTEREST  IN  ANY  SUCH  MONIES  OR  PROPERTY  AND  THE DOING OF ANY ACT
(INCLUDING REFRAINING FROM DOING ANY ACT) WHICH THE AUTHORITY WOULD HAVE
THE RIGHT TO DO IN THE ABSENCE OF SUCH AGREEMENTS. THE  AUTHORITY  SHALL
HAVE  POWER  TO  ENTER INTO AMENDMENTS OF ANY SUCH AGREEMENTS WITHIN THE
POWERS GRANTED TO THE AUTHORITY BY THIS TITLE AND TO PERFORM SUCH AGREE-
MENTS.  THE PROVISIONS OF ANY SUCH AGREEMENTS MAY BE MADE A PART OF  THE
CONTRACT WITH THE HOLDERS OF THE NOTES AND BONDS OF THE AUTHORITY.
  5.  IT  IS  THE INTENTION HEREOF THAT ANY PLEDGE, MORTGAGE OR SECURITY
INSTRUMENT MADE BY THE AUTHORITY SHALL BE VALID  AND  BINDING  FROM  THE
TIME  WHEN THE PLEDGE, MORTGAGE OR SECURITY INSTRUMENT IS MADE; THAT THE
MONIES OR PROPERTY SO PLEDGED, MORTGAGED AND  ENTRUSTED  AND  THEREAFTER
RECEIVED  BY  THE  AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF
SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT WITHOUT ANY PHYSICAL DELIV-
ERY THEREOF OR FURTHER ACT; AND THAT THE LIEN OF ANY SUCH PLEDGE,  MORT-
GAGE  OR  SECURITY  INSTRUMENT SHALL BE VALID AND BINDING AS AGAINST ALL
PARTIES HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST
THE AUTHORITY, IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF.
NEITHER THE RESOLUTION NOR ANY MORTGAGE, SECURITY  INSTRUMENT  OR  OTHER
INSTRUMENT BY WHICH A PLEDGE, MORTGAGE LIEN OR OTHER SECURITY IS CREATED
NEED  BE  RECORDED  OR  FILED AND THE AUTHORITY SHALL NOT BE REQUIRED TO
COMPLY WITH ANY OF THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE.
  6. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON  EXECUTING  THE
NOTES  OR  BONDS  SHALL BE LIABLE PERSONALLY ON THE NOTES OR BONDS OR BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY  BY  REASON  OF  THE
ISSUANCE THEREOF.
  7. THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH NOTEHOLDERS OR BOND-
HOLDERS  AS  MAY THEN EXIST, SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE
THEREFOR TO PURCHASE NOTES OR BONDS OF THE AUTHORITY, WHICH SHALL THERE-
UPON BE CANCELLED, AT A PRICE NOT EXCEEDING (A) IF THE  NOTES  OR  BONDS
ARE  THEN  REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE PLUS ACCRUED
INTEREST TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE  NOTES
OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE
FIRST  DATE  AFTER  SUCH  PURCHASE  UPON WHICH THE NOTES OR BONDS BECOME
SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SUCH DATE.
  8. THE STATE SHALL NOT BE LIABLE ON NOTES OR BONDS  OF  THE  AUTHORITY
AND  SUCH  NOTES  AND  BONDS  SHALL NOT BE A DEBT OF THE STATE, AND SUCH
NOTES AND BONDS SHALL CONTAIN ON THE FACE THEREOF A  STATEMENT  TO  SUCH
EFFECT.
  S  1349-M.  RESERVE  FUNDS  AND  APPROPRIATIONS.  1. THE AUTHORITY MAY
CREATE AND ESTABLISH ONE OR MORE RESERVE  FUNDS  TO  BE  KNOWN  AS  DEBT
SERVICE  RESERVE  FUNDS AND MAY PAY INTO SUCH DEBT SERVICE RESERVE FUNDS
(A) ANY MONIES APPROPRIATED AND MADE AVAILABLE  BY  THE  STATE  FOR  THE
PURPOSES  OF  SUCH  FUNDS, (B) ANY PROCEEDS OF SALE OF NOTES OR BONDS TO
THE EXTENT PROVIDED IN THE RESOLUTION OF THE AUTHORITY  AUTHORIZING  THE

S. 1450--A                         18                         A. 1403--A

ISSUANCE  THEREOF,  AND (C) ANY OTHER MONIES WHICH MAY BE MADE AVAILABLE
TO THE AUTHORITY FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE  OR
SOURCES. THE MONIES HELD IN OR CREDITED TO ANY DEBT SERVICE RESERVE FUND
ESTABLISHED  UNDER THIS SECTION, EXCEPT AS PROVIDED IN THIS TITLE, SHALL
BE USED SOLELY FOR THE PAYMENT OF THE PRINCIPAL OF BONDS OF THE AUTHORI-
TY SECURED BY SUCH DEBT SERVICE RESERVE FUND AS  THE  SAME  MATURE,  THE
PURCHASE OF SUCH BONDS OF THE AUTHORITY, THE PAYMENT OF INTEREST ON SUCH
BONDS OF THE AUTHORITY OR THE PAYMENT OF ANY REDEMPTION PREMIUM REQUIRED
TO  BE  PAID  WHEN  SUCH BONDS ARE REDEEMED PRIOR TO MATURITY; PROVIDED,
HOWEVER, THAT THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT  MONIES  IN
ANY  SUCH  FUND  SHALL  NOT  BE  WITHDRAWN THEREFROM AT ANY TIME IN SUCH
AMOUNT AS WOULD REDUCE THE AMOUNT OF SUCH FUND TO LESS THAN THE  MAXIMUM
AMOUNT  OF  PRINCIPAL  AND  INTEREST  MATURING  AND  BECOMING DUE IN ANY
SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH  YEARS  ON  THE
BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH DEBT SERVICE
RESERVE FUND, EXCEPT FOR THE PURPOSE OF PAYING PRINCIPAL OF AND INTEREST
ON SUCH BONDS OF THE AUTHORITY SECURED BY SUCH DEBT SERVICE RESERVE FUND
MATURING  AND  BECOMING DUE AND FOR THE PAYMENT OF WHICH OTHER MONIES OF
THE AUTHORITY ARE NOT AVAILABLE. ANY INCOME OR INTEREST  EARNED  BY,  OR
INCREMENT  TO,  ANY SUCH DEBT SERVICE RESERVE FUND DUE TO THE INVESTMENT
THEREOF MAY BE TRANSFERRED BY THE AUTHORITY TO ANY OTHER FUND OR ACCOUNT
OF THE AUTHORITY AND THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT  ANY
SUCH  TRANSFER  SHALL NOT REDUCE THE AMOUNT OF SUCH DEBT SERVICE RESERVE
FUND BELOW THE MAXIMUM AMOUNT OF PRINCIPAL  AND  INTEREST  MATURING  AND
BECOMING  DUE IN ANY SUCCEEDING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO
SUCH YEARS ON ALL BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY
SUCH DEBT SERVICE RESERVE FUND.
  2. THE AUTHORITY SHALL HAVE POWER TO PROVIDE THAT IT SHALL  NOT  ISSUE
BONDS AT ANY TIME IF THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATUR-
ING  AND  BECOMING  DUE  IN  ANY  SUCCEEDING  CALENDAR YEAR OR YEARS NOT
EXCEEDING TWO SUCH YEARS ON THE BONDS OUTSTANDING AND THEN TO BE  ISSUED
AND  SECURED  BY  A  DEBT SERVICE RESERVE FUND WILL EXCEED THE AMOUNT OF
SUCH DEBT SERVICE RESERVE FUND AT  THE  TIME  OF  ISSUANCE,  UNLESS  THE
AUTHORITY,  AT  THE TIME OF THE ISSUANCE OF SUCH BONDS, SHALL DEPOSIT IN
SUCH DEBT SERVICE RESERVE FUND FROM THE PROCEEDS OF THE BONDS SO  TO  BE
ISSUED,  OR OTHERWISE, AN AMOUNT WHICH, TOGETHER WITH THE AMOUNT THEN IN
SUCH DEBT SERVICE RESERVE FUND, WILL BE NOT LESS THAN THE MAXIMUM AMOUNT
OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCH SUCCEED-
ING CALENDAR YEAR OR YEARS NOT EXCEEDING TWO SUCH  YEARS  ON  THE  BONDS
THEN TO BE ISSUED AND ON ALL OTHER BONDS OF THE AUTHORITY THEN OUTSTAND-
ING AND SECURED BY SUCH DEBT SERVICE RESERVE FUND.
  3.  IN  COMPUTING  THE AMOUNT OF ANY DEBT SERVICE RESERVE FUND FOR THE
PURPOSES OF THIS SECTION, SECURITIES IN WHICH ALL OR A PORTION  OF  SUCH
FUND  SHALL  BE INVESTED SHALL BE VALUED AT PAR, OR IF PURCHASED AT LESS
THAN PAR, AT THEIR COST TO THE AUTHORITY.
  S 1349-N. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO  AND
AGREE  WITH  THE  HOLDERS OF ANY NOTES OR BONDS ISSUED UNDER THIS TITLE,
THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS HEREBY VESTED  IN  THE
AUTHORITY  TO  FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS
THEREOF, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES  OF  SUCH  HOLDERS
UNTIL  SUCH  NOTES  OR  BONDS,  TOGETHER WITH THE INTEREST THEREON, WITH
INTEREST ON ANY UNPAID INSTALLMENTS  OF  INTEREST,  AND  ALL  COSTS  AND
EXPENSES FOR WHICH THE AUTHORITY IS LIABLE IN CONNECTION WITH ANY ACTION
OR  PROCEEDING  BY  OR  ON  BEHALF  OF  SUCH  HOLDERS, ARE FULLY MET AND
DISCHARGED. THE AUTHORITY IS  AUTHORIZED  TO  INCLUDE  THIS  PLEDGE  AND

S. 1450--A                         19                         A. 1403--A

AGREEMENT  OF  THE STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH NOTES
OR BONDS.
  S 1349-O. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITHSTAND-
ING  AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS WHICH
MAY BE CONTAINED IN ANY CONTRACT WITH THE  HOLDERS  OF  THE  BONDS,  THE
STATE  MAY,  UPON  FURNISHING  SUFFICIENT  FUNDS  THEREFOR,  REQUIRE THE
AUTHORITY TO REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE  OF  BONDS
ON  ANY  INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE
OF THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR  FACE
VALUE  AND  ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS MAY BE
PROVIDED IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS  A  WHOLE  ON
THE  REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT
LEAST TWO NEWSPAPERS PUBLISHED AND CIRCULATING IN THE REGIONAL TRANSPOR-
TATION DISTRICT, AT LEAST TWICE, THE FIRST PUBLICATION TO  BE  AT  LEAST
THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
  S  1349-P.  REMEDIES  OF  NOTEHOLDERS AND BONDHOLDERS. 1. IN THE EVENT
THAT THE AUTHORITY SHALL DEFAULT IN  THE  PAYMENT  OF  PRINCIPAL  OF  OR
INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
WHETHER  AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL
CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
SHALL FAIL OR REFUSE TO COMPLY WITH THE  PROVISIONS  OF  THIS  TITLE  OR
SHALL  DEFAULT  IN  ANY  AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF
NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
CIPAL AMOUNT OF THE NOTES OR BONDS OF SUCH ISSUE  THEN  OUTSTANDING,  BY
INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
TO  REPRESENT  THE  HOLDERS  OF  SUCH  NOTES  OR  BONDS FOR THE PURPOSES
PROVIDED IN THIS SECTION.
  2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF  TWEN-
TY-FIVE  PER  CENTUM  IN  PRINCIPAL  AMOUNT  OF SUCH NOTES OR BONDS THEN
OUTSTANDING SHALL, IN HIS OR HER OR ITS OWN NAME:
  (A) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE  CIVIL  PRAC-
TICE  LAW  AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS OR BONDHOLD-
ERS, INCLUDING THE RIGHT TO REQUIRE  THE  AUTHORITY  TO  COLLECT  FARES,
TOLLS,  RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT ANY
AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
ES AND OTHER FEES AND TO REQUIRE THE AUTHORITY TO CARRY  OUT  ANY  OTHER
AGREEMENTS  WITH  THE  HOLDERS OF SUCH NOTES OR BONDS AND TO PERFORM ITS
DUTIES UNDER THIS TITLE;
  (B) BRING SUIT UPON SUCH NOTES OR BONDS;
  (C) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT  WERE
THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
  (D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS;
  (E)  DECLARE  ALL  SUCH  NOTES  OR  BONDS  DUE AND PAYABLE, AND IF ALL
DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF  THE  HOLDERS  OF
TWENTY-FIVE  PER  CENTUM  OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS
THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
  3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING  HAVE  AND  POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS  SPECIFICALLY SET FORTH IN THIS SECTION OR INCIDENT TO THE GENERAL
REPRESENTATION OF BONDHOLDERS OR  NOTEHOLDERS  IN  THE  ENFORCEMENT  AND
PROTECTION OF THEIR RIGHTS.
  4.  THE  SUPREME  COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDINGS BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.

S. 1450--A                         20                         A. 1403--A

THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE  LAID  IN  THE
COUNTY  IN  WHICH  THE INSTRUMENT OR INSTRUMENTS ARE FILED IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION.
  5.  BEFORE  DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS NOTICE IN WRITING TO THE GOVER-
NOR, TO THE AUTHORITY, TO THE COMPTROLLER AND TO THE ATTORNEY GENERAL OF
THE STATE.
  S 1349-Q. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS  OF
THE  AUTHORITY  ARE  HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS
AND BODIES OF THE STATE AND ALL MUNICIPALITIES  AND  POLITICAL  SUBDIVI-
SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRY-
ING  ON  AN  INSURANCE  BUSINESS,  ALL  BANKS, BANKERS, TRUST COMPANIES,
SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
PERSONS CARRYING ON A BANKING BUSINESS, ALL  ADMINISTRATORS,  GUARDIANS,
EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
EVER  WHO  ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS
OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW, THE BONDS OF THE AUTHORITY ARE ALSO  HEREBY
MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED BY ALL
PUBLIC  OFFICERS  AND  BODIES  OF  THIS STATE AND ALL MUNICIPALITIES AND
POLITICAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF BONDS OR
OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED.
  S 1349-R. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND, DETERMINED  AND
DECLARED  THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS
PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF  THE  STATE
OF  NEW  YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND PROS-
PERITY AND IS A PUBLIC PURPOSE, AND THAT THE AUTHORITY WILL BE  PERFORM-
ING  AN  ESSENTIAL  GOVERNMENTAL  FUNCTION IN THE EXERCISE OF THE POWERS
CONFERRED UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY OF  THE
FOLLOWING  PROVISIONS  OF  THIS SECTION, PROPERTY OWNED BY THE AUTHORITY
AND USED FOR TRANSPORTATION PURPOSES, PROPERTY LEASED BY  THE  AUTHORITY
AND  USED FOR TRANSPORTATION PURPOSES, AND PROPERTY USED FOR TRANSPORTA-
TION PURPOSES BY OR FOR THE BENEFIT OF THE AUTHORITY EXCLUSIVELY  PURSU-
ANT  TO  THE  PROVISIONS  OF  A  JOINT SERVICE ARRANGEMENT OR OF A JOINT
FACILITIES AGREEMENT OR TRACKAGE RIGHTS AGREEMENT SHALL  ALL  BE  EXEMPT
FROM  TAXATION  AND  SPECIAL  AD  VALOREM LEVIES. THE AUTHORITY SHALL BE
REQUIRED TO PAY NO FEES, TAXES OR ASSESSMENTS, WHETHER STATE  OR  LOCAL,
EXCEPT  SPECIAL  BENEFIT  ASSESSMENTS  IF  SAID PROPERTY IS LOCATED IN A
SPECIAL BENEFIT DISTRICT, INCLUDING BUT NOT LIMITED TO  FEES,  TAXES  OR
ASSESSMENTS ON REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE
TAXES,  UPON  ANY OF ITS PROPERTY, OR UPON THE USES THEREOF, OR UPON ITS
ACTIVITIES IN THE OPERATION AND MAINTENANCE OF ITS FACILITIES OR ON  ANY
FARES,  TOLLS,  RENTALS, RATES, CHARGES OR OTHER FEES, REVENUES OR OTHER
INCOME RECEIVED BY THE AUTHORITY AND ALL BONDS, NOTES AND OBLIGATIONS OF
THE AUTHORITY AND THE INCOME THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM
TAXATION, EXCEPT FOR GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS.  THIS
SECTION  SHALL  CONSTITUTE  A COVENANT AND AGREEMENT WITH THE HOLDERS OF
ALL BONDS, NOTES AND OBLIGATIONS ISSUED  BY  THE  AUTHORITY.  THE  TERMS
"TAXATION" AND "SPECIAL AD VALOREM LEVY" SHALL HAVE THE SAME MEANINGS AS
DEFINED  IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW AND THE
TERM "TRANSPORTATION PURPOSES" SHALL HAVE THE SAME MEANING  AS  USED  IN
TITLES TWO-A AND TWO-B OF ARTICLE FOUR OF SUCH LAW.
  S  1349-S.  ACTIONS  AGAINST  THE  AUTHORITY. 1. AS A CONDITION TO THE
CONSENT OF THE STATE TO SUCH  SUITS  AGAINST  THE  AUTHORITY,  IN  EVERY

S. 1450--A                         21                         A. 1403--A

ACTION  AGAINST  THE  AUTHORITY  FOR  DAMAGES,  FOR  INJURIES TO REAL OR
PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL  INJU-
RIES  OR  DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST
THIRTY  DAYS  HAVE  ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH
SUCH ACTION IS FOUNDED WERE PRESENTED TO A MEMBER OF  THE  AUTHORITY  OR
OTHER  OFFICER  DESIGNATED  FOR  SUCH  PURPOSE  AND  THE  AUTHORITY  HAS
NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
  2. AN ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT  AN  ACTION
FOR  WRONGFUL DEATH, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AFTER THE
CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED,  NOR  UNLESS  A  NOTICE  OF
CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME LIMITED BY
AND  IN  COMPLIANCE  WITH ALL THE REQUIREMENTS OF SECTION FIFTY-E OF THE
GENERAL MUNICIPAL LAW. AN ACTION  AGAINST  THE  AUTHORITY  FOR  WRONGFUL
DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF CLAIM AND TIME
LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF THIS CHAPTER.
  3.  THE  AUTHORITY  SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
THE EXTENT THAT IT SHALL SAVE HARMLESS ANY  DULY  APPOINTED  OFFICER  OR
EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
EE,  IN  THE  OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF  THE  AUTHORITY
IN  THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF,  WHILE  OTHERWISE
ACTING  IN  THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
HIS OR HER EMPLOYMENT.
  4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT  AN
ACCOUNT  OR  CLAIM  FOR  ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER  OR  EMPLOYEE  OF
THE  AUTHORITY  DESIGNATED  FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
CLAIM AND WHEN SO SWORN TO ANSWER ORALLY AS TO  ANY  FACTS  RELATIVE  TO
SUCH  ACCOUNT  OR  CLAIM.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR
ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
  5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY  JUDGMENT
FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
  6.  THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT FOR
SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
OF  THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION OF
THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION  AS  IF
SUCH  SUBSIDIARY  CORPORATION  WERE  SEPARATELY  NAMED  IN THIS SECTION,
PROVIDED, HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY  WHICH
IS  A  STOCK  CORPORATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS
SECTION EXCEPT WITH RESPECT TO THOSE CAUSES OF  ACTION  ARISING  ON  AND
AFTER  THE  FIRST  OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR
MONTH IN WHICH SUCH STOCK CORPORATION BECOMES A  SUBSIDIARY  CORPORATION
OF THE AUTHORITY.
  S  1349-T. AGREEMENTS RELATING TO PAYMENT IN LIEU OF TAXES. TO THE END
THAT MUNICIPAL CORPORATIONS,  COUNTIES  AND  SCHOOL  DISTRICTS  MAY  NOT
SUFFER UNDUE LOSS OF TAXES OR ASSESSMENTS:
  IF  THE  AUTHORITY  ACQUIRES  PROPERTY FOR NON-TRANSPORTATION PURPOSES
(E.G. FOR FUTURE TRANSPORTATION PURPOSES BUT NOT TO  BE  SO  USED  IMME-
DIATELY)  THE  AUTHORITY  EXCEPT AS PROVIDED IN THIS TITLE, SHALL PAY TO
THE PARTICIPATING COUNTY AND/OR CITY, TOWN OR SCHOOL DISTRICT WHERE  THE
PROPERTY  IS LOCATED, ANNUALLY, IN LIEU OF TAXES, A SUM EQUAL TO THE SUM
LAST PAID AS TAXES UPON THE PROPERTY PRIOR TO THE TIME OF  ITS  ACQUISI-
TION  BY  THE  AUTHORITY. SHOULD SUCH PROPERTY BE SUBSEQUENTLY DEVELOPED
AND IMPROVED BUT STILL REMAIN UNUSED  FOR  TRANSPORTATION  PURPOSES,  IT
SHALL  DURING  SUCH  PERIOD  OF  DISUSE FOR TRANSPORTATION BE SUBJECT TO

S. 1450--A                         22                         A. 1403--A

ASSESSMENT, AT THE PREVAILING METHOD OF DETERMINING ASSESSMENTS, BY  THE
COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT AND THE AUTHORITY SHALL, BASED
ON SUCH ASSESSMENT, ANNUALLY, IN LIEU OF TAXES, PAY TO THE COUNTY AND/OR
CITY AND/OR SCHOOL DISTRICT AN AMOUNT FIXED BY IT.
  IF  THE  AUTHORITY  ACQUIRES  PROPERTY FOR TRANSPORTATION PURPOSES BUT
SUBSEQUENTLY USES SUCH PROPERTY FOR  NON-TRANSPORTATION  PURPOSES,  THEN
THE  AUTHORITY  SHALL  BE REQUIRED, EXCEPT AS PROVIDED IN THIS TITLE, TO
PAY ANNUALLY IN LIEU OF TAXES TO THE PARTICIPATING  COUNTY  AND/OR  CITY
AND/OR SCHOOL DISTRICT WHEREIN SUCH PROPERTY IS LOCATED, AN AMOUNT EQUAL
TO  THE  SUM  WHICH  THE  SAID COUNTY AND/OR CITY AND/OR SCHOOL DISTRICT
WOULD ORDINARILY BE IMPOSED AS TAXES, PURSUANT TO THE PREVAILING  METHOD
OF DETERMINING ASSESSMENTS.
  PROPERTIES  ACQUIRED  BY  THE AUTHORITY FOR TRANSPORTATION AND USED AS
SUCH, SHALL NOT BE SUBJECT TO THE PAYMENT OF ANY TAXES EXCEPT  THAT  THE
AUTHORITY  SHALL  PAY  SUCH  PROPERTY SPECIAL BENEFIT ASSESSMENTS ON THE
PROPERTY IF IT IS LOCATED IN AN EXISTING SPECIAL BENEFIT DISTRICT.
  S 1349-U. INTEREST OF MEMBERS OR EMPLOYEES OF AUTHORITY  IN  CONTRACTS
PROHIBITED.  IT  SHALL BE A MISDEMEANOR FOR A MEMBER OF THE AUTHORITY OR
AN OFFICER, AGENT, SERVANT OR EMPLOYEE EMPLOYED BY OR APPOINTED  BY  THE
AUTHORITY,  TO BE IN ANY WAY OR MANNER INTERESTED, DIRECTLY OR INDIRECT-
LY, AS PRINCIPAL, SURETY OR OTHERWISE, IN A  CONTRACT,  THE  EXPENSE  OR
CONSIDERATION WHEREOF IS PAYABLE OUT OF THE FUNDS OF THE AUTHORITY.
  S 1349-V. FISCAL YEAR. THE FISCAL YEAR OF THE AUTHORITY SHALL BEGIN ON
THE FIRST DAY OF JANUARY.
  S  1349-W.  CONSENT BY THE STATE. THE COMMISSIONER OF GENERAL SERVICES
SHALL HAVE POWER, IN HIS OR HER DISCRETION, FROM TIME TO TIME TO  TRANS-
FER  AND  CONVEY TO THE AUTHORITY, OR TO ONE OR MORE PARTICIPATING COUN-
TIES FOR THE USE OF THE AUTHORITY, AND FOR SUCH CONSIDERATION  AND  UPON
SUCH  TERMS AND CONDITIONS AS MAY BE DETERMINED BY HIM OR HER TO BE PAID
TO THE STATE, UNAPPROPRIATED STATE  LANDS,  ABANDONED  CANAL  LANDS  AND
LANDS  UNDER  WATER WHICH THE AUTHORITY SHALL CERTIFY TO BE NECESSARY OR
DESIRABLE FOR THE CORPORATE PURPOSES OF THE AUTHORITY.
  S 1349-X. SEPARABILITY. IF ANY PROVISION OF ANY SECTION OF THIS  TITLE
OR  THE  APPLICATION  THEREOF  TO  ANY  PERSON  OR CIRCUMSTANCE SHALL BE
ADJUDGED INVALID BY A COURT OF COMPETENT  JURISDICTION,  SUCH  ORDER  OR
JUDGMENT  SHALL BE CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH
IT WAS RENDERED, AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY
PROVISION OF ANY SECTION OF THIS TITLE OR THE APPLICATION  OF  ANY  PART
THEREOF  TO  ANY  OTHER  PERSON  OR  CIRCUMSTANCE  AND  TO  THIS END THE
PROVISIONS OF EACH SECTION OF THIS  TITLE  ARE  HEREBY  DECLARED  TO  BE
SEVERABLE.
  S 1349-Y. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS
OF  THIS  TITLE  ARE  INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
GENERAL, SPECIAL OR  LOCAL,  THE  PROVISIONS  OF  THIS  TITLE  SHALL  BE
CONTROLLING.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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