S T A T E   O F   N E W   Y O R K
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                                  7244

                            I N  S E N A T E

                             April 11, 2016
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation  to  establishing  a
  state high speed rail planning board

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

  Section 1. The transportation law is amended by adding a  new  article
23 to read as follows:
                               ARTICLE 23
                  STATE HIGH SPEED RAIL PLANNING BOARD
SECTION 490. STATE HIGH SPEED RAIL PLANNING BOARD.
        491. POWERS AND DUTIES OF THE BOARD.
        492. ASSISTANCE OF OTHER AGENCIES.
  S  490.  STATE  HIGH  SPEED  RAIL  PLANNING  BOARD. 1. THERE IS HEREBY
CREATED IN THE DEPARTMENT A BOARD, TO BE KNOWN AS THE STATE  HIGH  SPEED
RAIL  PLANNING  BOARD.  SUCH BOARD SHALL BE RESPONSIBLE FOR PLANNING AND
ADVISING THE DEPARTMENT ON  FUTURE  IMPROVEMENTS  TO  THE  STATE'S  RAIL
SYSTEMS  THAT  ARE NECESSARY TO IMPLEMENT HIGH SPEED RAIL SERVICE IN THE
STATE, INCLUDING MAKING RECOMMENDATIONS FOR THE BEST GOVERNMENTAL STRUC-
TURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND FINANCE A HIGH  SPEED  RAIL
SYSTEM.    THE  BOARD  SHALL  ALSO BE RESPONSIBLE FOR REVIEWING RELEVANT
RECOMMENDATIONS AS GUIDELINES FOR FUTURE IMPROVEMENTS, ENHANCEMENTS  AND
ADDITIONS TO RAIL SERVICE IN THE STATE, INCLUDING WITHOUT LIMITATION THE
NEW  YORK  STATE  RAIL  PLAN PUT FORTH BY THE DEPARTMENT IN TWO THOUSAND
NINE, THE FEDERAL RAILROAD ADMINISTRATION'S HIGH  SPEED  RAIL  INTERCITY
PASSENGER  RAIL  PROGRAM  OF  TWO  THOUSAND NINE, AND AMTRAK'S NORTHEAST
CORRIDOR VISION REPORTS.
  2. SUCH BOARD SHALL CONSIST OF THE COMMISSIONER, THE PRESIDENT OF  THE
METRO-NORTH RAILROAD AND NINE OTHER MEMBERS.  THE GOVERNOR SHALL APPOINT
TWO  MEMBERS OF THE BOARD UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT
OF THE SENATE AND TWO UPON RECOMMENDATION OF THE SPEAKER OF  THE  ASSEM-
BLY.  THE  GOVERNOR  SHALL APPOINT ONE MEMBER UPON RECOMMENDATION OF THE
MINORITY LEADER OF THE SENATE AND ONE UPON RECOMMENDATION OF THE MINORI-
TY LEADER  OF  THE  ASSEMBLY.  THE  REMAINING  THREE  MEMBERS  SHALL  BE

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

                                                           LBD13817-03-6

S. 7244                             2

APPOINTED  BY  THE  GOVERNOR  WITHOUT RECOMMENDATION, PROVIDED, HOWEVER,
THAT AT LEAST ONE SELECTION SHALL BE A REGULAR MASS TRANSIT OR PASSENGER
RAIL USER AND ANOTHER SELECTION SHALL REPRESENT A PASSENGER RAIL ADVOCA-
CY ORGANIZATION. THE GOVERNOR MAY ALSO SELECT A NON-VOTING MEMBER FROM A
LABOR ORGANIZATION REPRESENTING RAILROAD EMPLOYEES.  BOARD MEMBERS SHALL
BE  SUBJECT  TO  CONFIRMATION BY THE SENATE.   ANY MEMBER APPOINTED TO A
TERM ON THE BOARD SHALL HAVE EXPERIENCE IN ONE OR MORE OF THE  FOLLOWING
AREAS OF EXPERTISE: TRANSPORTATION AND RAILROAD INFRASTRUCTURE PROJECTS,
PUBLIC  ADMINISTRATION,  FINANCING  OF INFRASTRUCTURE, ENGINEERING, LAW,
LAND USE, URBAN AND  REGIONAL  PLANNING,  MANAGEMENT  OF  LARGE  CAPITAL
PROJECTS,  LABOR  RELATIONS,  OR  HAVE  EXPERIENCE IN SOME OTHER AREA OF
ACTIVITY CENTRAL TO THE MISSION OF THE BOARD. A MAJORITY OF  THE  ENTIRE
BOARD SHALL SELECT A CHAIR FROM AMONG THE MEMBERS.
  3.  BOARD  MEMBERS  SHALL  BE  APPOINTED  WITHIN THIRTY DAYS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT AFTER THE  EXPI-
RATION  OF  THE  THIRTY  DAY PERIOD, A MAJORITY OF THE APPOINTED MEMBERS
SHALL CONSTITUTE A QUORUM.
  4. EXCEPT FOR THE COMMISSIONER AND THE PRESIDENT  OF  THE  METRO-NORTH
RAILROAD,  THE  TERM OF OFFICE OF EACH SUCH MEMBER SHALL BE THREE YEARS.
ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING OTHERWISE THAN BY EXPI-
RATION OF A TERM SHALL BE APPOINTED FOR THE REMAINDER OF  THE  UNEXPIRED
TERM.
  5.  THE  BOARD SHALL MEET PUBLICLY AT LEAST QUARTERLY AT THE TIMES AND
PLACES IN THE STATE THAT THE CHAIR DESIGNATES UNTIL THE FINAL REPORT  IS
SUBMITTED.
  6. MEMBERS OF THE BOARD, EXCEPT THE COMMISSIONER, SHALL BE ALLOWED THE
NECESSARY  AND  ACTUAL  EXPENSES  WHICH  HE  OR  SHE  SHALL INCUR IN THE
PERFORMANCE OF HIS OR HER DUTIES UNDER THIS ARTICLE.
  7. THE GOVERNOR  SHALL  DESIGNATE  AN  EXECUTIVE  DIRECTOR  TO  RENDER
ASSISTANCE  AND  SERVICE TO THE BOARD, SUBJECT TO THE ADVICE AND CONSENT
OF THE SENATE.
  S 491. POWERS AND DUTIES OF  THE  BOARD.  THE  BOARD  SHALL  HAVE  THE
FOLLOWING POWERS AND DUTIES:
  1.  TO  PROVIDE  THE  DEPARTMENT  WITH  INPUT  ON ENVIRONMENTAL IMPACT
STUDIES NECESSARY FOR PLANNING FOR A HIGH  SPEED  RAIL  SYSTEM  AND  THE
DEVELOPMENT OF A TRANSPORTATION INVESTMENT PROGRAM;
  2. TO SOLICIT AND RECEIVE PUBLIC AND STAKEHOLDER INPUT ON OPINIONS AND
PROPOSALS  FOR BUILDING, DESIGNING, MAINTAINING, OPERATING AND FINANCING
A HIGH SPEED RAIL SYSTEM FOR THE STATE, WHICH SHALL  INCLUDE  A  PROCESS
FOR  SOLICITING AND RECEIVING TESTIMONY FROM INTERESTED PARTIES, A PROC-
ESS FOR RECEIVING PUBLIC COMMENTS  WHICH  SHALL  INCLUDE  AT  LEAST  SIX
PUBLIC  HEARINGS HELD IN REGIONALLY DIVERSE AREAS OF THE STATE AS DESIG-
NATED BY THE CHAIR, AND A PROCESS FOR PROVIDING PERIODIC PUBLIC  REPORTS
AND UPDATES;
  3. TO EVALUATE ALL AVAILABLE HIGH SPEED RAIL TECHNOLOGIES, SYSTEMS AND
OPERATORS,  AND  MAKE  RECOMMENDATIONS ON AN APPROPRIATE HIGH SPEED RAIL
SYSTEM;
  4. TO RESEARCH OPTIONS, IN  COORDINATION  WITH  THE  DEPARTMENT,  WITH
RESPECT  TO  AGREEMENTS  WITH  PRIVATE ENTITIES NECESSARY TO PERMIT HIGH
SPEED TRAINS, INCLUDING BUT NOT LIMITED TO AGREEMENTS RELATING TO  TRACK
IMPROVEMENTS  AND AGREEMENTS TO OPERATE A HIGH SPEED RAIL SYSTEM, AND TO
PROVIDE THE DEPARTMENT WITH RECOMMENDATIONS ON THE FORM ANY SUCH  AGREE-
MENT SHOULD TAKE;
  5.  TO  ADVISE  AND WORK WITH THE DEPARTMENT ON MAKING APPLICATION FOR
ANY ADDITIONAL FUNDING THAT MAY BE AVAILABLE  FOR  THE  DEVELOPMENT  AND
OPERATION  OF  A HIGH SPEED RAIL SYSTEM IN THE STATE, PROVIDED, HOWEVER,

S. 7244                             3

THAT NO SUCH FUNDING THAT REQUIRES A STATE MATCH OF FUNDS MAY BE  SOUGHT
EXCEPT  ON  APPROVAL OF THE GOVERNOR AND THE DIRECTOR OF THE DIVISION OF
THE BUDGET;
  6.  TO  MAKE  A REPORT, WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, TO THE GOVERNOR AND THE LEGISLATURE THAT WILL INCLUDE  BUT  NOT
BE LIMITED TO A FULLY DEVELOPED AND CONSENSUS PLAN FOR FINANCING OF HIGH
SPEED  RAIL AND THE ORGANIZATIONAL ENTITY WHICH SHOULD OVERSEE AND OPER-
ATE NEW YORK STATE'S HIGH SPEED RAIL PROGRAM.   THE  BOARD  MAY  PROVIDE
ADDITIONAL OR UPDATED REPORTS DOCUMENTING THE PROGRESS OF THE HIGH SPEED
RAIL PROGRAM FROM TIME TO TIME.
  7. TO ACCEPT GIFTS, GRANTS, LOANS OR CONTRIBUTIONS OF FUNDS OR PROPER-
TY  IN  ANY FORM FROM THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMEN-
TALITY THEREOF OR FROM THE  STATE  OR  ANY  OTHER  SOURCE  TO  USE  SUCH
RESOURCES  FOR  BOARD  PURPOSES,  NOTWITHSTANDING ANY OTHER PROVISION OF
LAW. SUCH RESOURCES SHALL INCLUDE WITHOUT LIMITATION  UNDISBURSED  REAP-
PROPRIATIONS FROM THE SENATE HIGH SPEED RAIL TASK FORCE.
  S  492.  ASSISTANCE  OF  OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE BOARD MAY REQUEST AND SHALL RECEIVE FROM  ANY  DEPART-
MENT,  DIVISION,  BOARD, BUREAU, COMMISSION OR OTHER AGENCY OR AUTHORITY
OF THE STATE SUCH ASSISTANCE, INFORMATION AND DATA AS  WILL  ENABLE  THE
BOARD  PROPERLY  TO  CARRY  OUT  ITS POWERS AND DUTIES HEREUNDER.   SUCH
ASSISTANCE SHALL NOT WAIVE OR IMPAIR THE TERMS OF AN EXISTING  AGREEMENT
NEGOTIATED  BETWEEN  THE RELEVANT EMPLOYER AND EMPLOYEE ORGANIZATION NOR
LIMIT ANY OBLIGATION TO  BARGAIN  TERMS  AND  CONDITIONS  OF  EMPLOYMENT
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.