S T A T E   O F   N E W   Y O R K
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                                  2528

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
  CASTRO, ESPINAL, MOYA, ORTIZ,  RIVERA,  RODRIGUEZ  --  read  once  and
  referred to the Committee on Corporations, Authorities and Commissions

AN  ACT to amend the public authorities law, in relation to the power of
  the metropolitan transportation authority to increase rates and fees

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

  Section  1.  Subdivision  3  of section 1266 of the public authorities
law, as amended by chapter 314 of the laws of 1981, is amended  to  read
as follows:
  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, THE PARKING OF VEHICLES, OR ANY
OTHER SERVICE IF THE ESTABLISHMENT OF OR INCREASE IN  CHARGES  FOR  SUCH
OTHER SERVICE WOULD REPRESENT A SIGNIFICANT INCREASE IN THE OVERALL COST
OF  THE  USE OF TRANSPORTATION SERVICES shall be established and changed
only if approved by resolution of the authority adopted by not less than
a majority vote of the whole number of members of the authority then  in
office,  with  the chairman having one additional vote in the event of a
tie vote, 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, THE PARKING OF VEHICLES OR
OTHER SERVICES which are in effect at the time that the  then  owner  of
such  transportation  facility  becomes  a subsidiary corporation of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00685-01-3
              

A. 2528                             2

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 continued in effect without such a hearing. ANY PUBLIC
HEARINGS REQUIRED BY THIS SUBDIVISION SHALL BE HELD IN SUCH LOCATIONS IN
THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT  AS  SHALL  AFFORD  AN
OPPORTUNITY  TO  BE  HEARD  TO  SUCH  PERSON  AS  MAY BE AFFECTED BY THE
PROPOSED CHARGES. 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 reven-
ue  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 oper-
ating  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. No acts or
activities taken or proposed to be taken by the authority or any subsid-
iary of the authority pursuant to the  provisions  of  this  subdivision
shall  be  deemed to be "actions" for the purposes or within the meaning
of article eight of the environmental conservation law.
  S 2.  This act shall take effect on the thirtieth day after  it  shall
have become a law.