S T A T E O F N E W Y O R K
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6153
2013-2014 Regular Sessions
I N A S S E M B L Y
March 15, 2013
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Introduced by M. of A. TEDISCO, JORDAN, McDONOUGH, RAIA, TENNEY,
P. LOPEZ -- Multi-Sponsored by -- M. of A. BARCLAY, BUTLER, CROUCH,
FINCH, McLAUGHLIN, THIELE -- read once and referred to the Committee
on Transportation
AN ACT to amend the public authorities law, in relation to requiring
legislative approval of increases in fees, rentals and charges for the
use of the thruway system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 354 of the public authorities law,
as amended by chapter 766 of the laws of 1992, is amended and a new
subdivision 8-a is added to read as follows:
8. Subject to agreements with noteholders or bondholders AND LEGISLA-
TIVE APPROVAL PURSUANT TO SUBDIVISION EIGHT-A OF THIS SECTION, to fix
and collect such fees, rentals and charges for the use of the thruway
system or any part thereof necessary or convenient, with an adequate
margin of safety, to produce sufficient revenue to meet the expense of
maintenance and operation and to fulfill the terms of any agreements
made with the holders of its notes or bonds, and to establish the rights
and privileges granted upon payment thereof; provided, however, that
tolls may only be imposed for the passage through locks and lift bridges
by vessels which are propelled in whole or in part by mechanical power;
and provided further that no tolls shall be imposed or collected prior
to the first day of April, nineteen hundred ninety-three.
8-A. THE AUTHORITY SHALL SUBMIT A WRITTEN REPORT TO THE LEGISLATURE AT
LEAST ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE WHEN ANY PROPOSED
INCREASE IN FEES, RENTALS AND CHARGES FOR THE USE OF THE THRUWAY SYSTEM
IS SCHEDULED TO TAKE EFFECT. SUCH REPORT SHALL INCLUDE JUSTIFICATION FOR
THE PROPOSED INCREASE, AND INFORMATION SETTING FORTH THE CURRENT FINAN-
CIAL CONDITION OF THE AUTHORITY. THE LEGISLATURE MAY REQUIRE ANY ADDI-
TIONAL DATA OR INFORMATION THAT IT DEEMS NECESSARY IN SUCH REPORT. IF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08098-01-3
A. 6153 2
THE LEGISLATURE, OR THE APPROPRIATE COMMITTEES THEREOF, UPON REVIEW OF
THE REPORT SUBMITTED TO IT BY THE AUTHORITY, FINDS THAT THE PROPOSED
INCREASES ARE NOT CONVENIENT OR NECESSARY TO PRODUCE SUFFICIENT REVENUE
TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION OF INFRASTRUCTURE
EXISTING PRIOR TO ANY PROPOSED INCREASE THEN NO PROPOSED INCREASE SHALL
TAKE EFFECT UNTIL APPROVED BY A MAJORITY VOTE OF EACH HOUSE OF THE
LEGISLATURE. PROVIDED, HOWEVER, THAT LEGISLATIVE APPROVAL SHALL NOT BE
REQUIRED TO FIX AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE
OF THE THRUWAY SYSTEM OR ANY PART THEREOF, TO PRODUCE SUFFICIENT REVENUE
TO FULFILL THE TERMS OF ANY AGREEMENTS, FORMED PRIOR TO THE EFFECTIVE
DATE OF THIS SUBDIVISION, WITH THE HOLDERS OF ITS NOTES OR BONDS.
S 2. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
S 3. This act shall take effect immediately.