Assembly Bill A10016

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10016
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced  by  M.  of  A.  KIM, SKOUFIS, QUART, VANEL, LUPARDO, TAYLOR,
   M. G. MILLER, MONTESANO, D'URSO, WRIGHT, MAGNARELLI -- read  once  and
   referred to the Committee on Transportation
 
 AN  ACT to amend the transportation law, in relation to establishing the
   hyperloop and high speed rail commission
 
   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
                 HYPERLOOP AND HIGH SPEED RAIL COMMISSION
 SECTION 490. HYPERLOOP AND HIGH SPEED RAIL COMMISSION.
         491. POWERS AND DUTIES OF THE COMMISSION.
         492. REPORTING.
         493. ASSISTANCE OF OTHER AGENCIES.
   § 490. HYPERLOOP AND HIGH SPEED RAIL COMMISSION. 1.  THERE  IS  HEREBY
 ESTABLISHED IN THE DEPARTMENT A COMMISSION, TO BE KNOWN AS THE HYPERLOOP
 AND HIGH SPEED RAIL COMMISSION.
   2.  SUCH  COMMISSION SHALL CONSIST OF THE PRESIDENT OF THE METRO-NORTH
 RAILROAD AND ELEVEN OTHER MEMBERS TO  BE  APPOINTED  AS  FOLLOWS:  THREE
 SHALL BE APPOINTED BY THE GOVERNOR; TWO SHALL BE APPOINTED BY THE MAJOR-
 ITY  LEADER  OF THE SENATE AND TWO BY THE MINORITY LEADER OF THE SENATE;
 AND TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY AND TWO BY THE
 MINORITY LEADER OF THE ASSEMBLY.
   3. THE COMMISSION MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS  AFTER
 THE  EFFECTIVE  DATE  OF  THIS  ARTICLE AND SHALL MEET PUBLICLY AT LEAST
 QUARTERLY.
   § 491. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL  HAVE
 THE FOLLOWING POWERS AND DUTIES:
   1. ASSESS AND STUDY THE BENEFITS AND IMPLICATIONS, INCLUDING FINANCIAL
 IMPLICATIONS,  OF CREATING A HYPERLOOP AND HIGH SPEED RAIL SYSTEM WITHIN
 NEW YORK STATE;
   2. PLAN AND ADVISE  THE  DEPARTMENT  ON  FUTURE  IMPROVEMENTS  TO  THE
 STATE'S  RAIL  SYSTEMS  THAT  ARE NECESSARY TO IMPLEMENT A HYPERLOOP AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14116-03-8

 A. 10016                            2
 
 HIGH SPEED RAIL SERVICE IN THE STATE, INCLUDING  MAKING  RECOMMENDATIONS
 FOR  THE BEST GOVERNMENTAL STRUCTURE TO DESIGN, BUILD, OPERATE, MAINTAIN
 AND FINANCE A HYPERLOOP AND HIGH SPEED RAIL SYSTEM;
   3.  EVALUATE ALL AVAILABLE HYPERLOOP AND HIGH SPEED RAIL TECHNOLOGIES,
 SYSTEMS AND OPERATORS, AND MAKE RECOMMENDATIONS ON AN APPROPRIATE HYPER-
 LOOP AND HIGH SPEED RAIL SYSTEM;
   4. RESEARCH OPTIONS, IN COORDINATION WITH THE DEPARTMENT, WITH RESPECT
 TO AGREEMENTS WITH PRIVATE ENTITIES NECESSARY TO  PERMIT  HYPERLOOP  AND
 HIGH  SPEED  TRAINS, INCLUDING BUT NOT LIMITED TO AGREEMENTS RELATING TO
 TRACK IMPROVEMENTS AND AGREEMENTS TO OPERATE A HYPERLOOP AND HIGH  SPEED
 RAIL  SYSTEM,  AND TO PROVIDE THE DEPARTMENT WITH RECOMMENDATIONS ON THE
 FORM ANY SUCH AGREEMENT SHOULD TAKE;
   5. ADVISE AND WORK WITH THE DEPARTMENT ON MAKING APPLICATION  FOR  ANY
 ADDITIONAL  FUNDING THAT MAY BE AVAILABLE FOR THE DEVELOPMENT AND OPERA-
 TION OF A HYPERLOOP AND HIGH SPEED RAIL SYSTEM IN THE  STATE,  PROVIDED,
 HOWEVER,  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; AND
   6.  TO  ISSUE REQUESTS FOR INFORMATION FROM ALL COMPANIES THAT OPERATE
 HYPERLOOP AND HIGH SPEED RAILS  AROUND  THE  WORLD  INCLUDING,  BUT  NOT
 LIMITED  TO,  COMPANIES IN JAPAN, CHINA, SOUTH KOREA AND GERMANY, AND TO
 COLLECT AND PRESENT A COMPREHENSIVE OUTLINE OF POTENTIAL COMPANIES  THAT
 COULD OPERATE A HYPERLOOP AND HIGH SPEED RAIL SYSTEM IN THE STATE.
   § 492. REPORTING. THE COMMISSION SHALL MAKE A REPORT WITH ITS FINDINGS
 TO  THE  GOVERNOR  AND THE LEGISLATURE WITHIN TWO YEARS OF THE EFFECTIVE
 DATE OF THIS ARTICLE AND ANNUALLY THEREAFTER. UPON THE  TRANSMISSION  OF
 THE  REPORT  TO THE GOVERNOR AND THE LEGISLATURE, THE COMMISSIONER SHALL
 WITHIN THIRTY DAYS DETERMINE WHETHER THE COMMISSION  SHALL  CONTINUE  IN
 OPERATION,  OR WHETHER IT SHALL BE CHANGED IN SOME MANNER, OR WHETHER IT
 SHALL BE DISSOLVED AND SHALL REPORT HIS OR HER FINDINGS AND  RECOMMENDA-
 TIONS TO THE GOVERNOR AND THE LEGISLATURE.
   §  493.  ASSISTANCE  OF  OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
 THIS ARTICLE, THE COMMISSION MAY REQUEST  AND  SHALL  RECEIVE  FROM  ANY
 DEPARTMENT,  DIVISION,  BOARD,  BUREAU,  COMMISSION  OR  OTHER AGENCY OR
 AUTHORITY OF THE STATE SUCH ASSISTANCE, INFORMATION  AND  DATA  AS  WILL
 ENABLE  THE  COMMISSION  TO  PROPERLY CARRY OUT ITS POWERS AND DUTIES AS
 DESCRIBED IN SECTION FOUR HUNDRED  NINETY  ONE  OF  THIS  ARTICLE.  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.
   § 2. This act shall take effect immediately.