Senate Bill S3225A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3225--A                                            A. 2671--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment -- recommitted to the Committee on Local Government 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, PALUMBO -- read  once  and
   referred  to  the Committee on Local Governments -- recommitted to the
   Committee on Transportation 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 general municipal law, in relation to creating the
   Peconic Bay regional transportation council;  and  providing  for  the
   repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 over  the past thirty years, rapid growth and development in the Peconic
 Bay region of Long Island, while providing for a successful economy, has
 also resulted in some unavoidable, adverse  impacts  that  threaten  the
 region's  future quality of life and future economic prosperity. Traffic
 congestion has been one of the primary adverse impacts from  such  rapid
 development.
   Expanding  traffic  congestion  has  resulted in deteriorating traffic
 safety with increased traffic accidents  and  fatalities.  In  addition,
 traffic  congestion has resulted in increased trip delays, declining air
 quality, adverse impacts to historic and rural resources in the region's
 villages and hamlets, parking problems, adverse impacts  to  residential
 communities  and  neighborhoods  resulting from the diversion of traffic
 from major highways and arteries to rural residential streets and roads.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04084-02-8
              

 S. 3225--A                          2                         A. 2671--A
 
   The region's tourist and second home industries,  the  cornerstone  of
 its  prosperity,  are  threatened if the adverse consequences of traffic
 congestion are not promptly and adequately addressed.  Further,  projec-
 tions  from the state department of transportation and local governments
 indicate that there will be a continued growth in year-round population,
 seasonal  residents, and traffic into the foreseeable future, exacerbat-
 ing an already major problem.
   The legislature finds that the unique geography  of  the  Peconic  Bay
 region limits the ability to expand highway capacity for motor vehicles.
 The narrow forks limit the augmentation of future highway capacity in an
 east-west  direction. The construction of new highways is not a feasible
 alternative, and the option of improving capacity on  existing  highways
 is  limited.  In  addition  to unique geography, impacts to the region's
 natural and historic resources, such as open space, farmland,  watershed
 areas,  wetlands, and historic sites and landmarks also limit increasing
 highway capacity.
   While the region's highway infrastructure  is  severely  overburdened,
 its public transit capabilities are underdeveloped. The region possesses
 underutilized  rail  capacity  with minimal service from the Long Island
 Rail Road to the region.
   The legislature finds that  the  development  of  new  public  transit
 opportunities for the Peconic Bay region represents the best alternative
 to address growing traffic congestion and other transportation problems.
 The  region  possesses an existing rail infrastructure. Existing service
 to the region is minimal. Further, there is no coordination between rail
 service and existing bus service. The opportunity to improve service  is
 clearly available.
   The  region's  local  governments  have recognized the adverse impacts
 resulting from growing traffic congestion and the need to explore  other
 transportation  options  such  as  public  transit.  Independently,  the
 comprehensive plans of the region's towns and villages have cited  traf-
 fic congestion as a critical problem and have identified improved public
 transit as a future goal. Towns have created task forces and commissions
 to address the transportation issue.
   Further,  collectively, as a region, the local governments have joined
 together  to  explore  public  transit  options  to   mitigate   traffic
 congestion.  As  early  as 1994, the East End Economic and Environmental
 Institute, under the auspices of the East  End  Mayors  and  Supervisors
 Association  issued  a  report  entitled Blue Print for Our Future which
 called for improved and coordinated bus and rail service in the  Peconic
 Bay region.
   In  2005, after a four-year public outreach process, the local govern-
 ments of the region issued the result of its SEEDS (Sustainable East End
 Development) project. This initiative also recognized the need to create
 improved transportation opportunities, including selected road  improve-
 ments and increased and coordinated public transit.
   The  private sector has also recognized the need for improved regional
 transportation opportunities. The Institute for Sustainable Development,
 Southampton College of Long Island University,  held  a  conference  and
 issued a report calling for improved transportation opportunities in the
 region.  Five Town Rural Transit, Inc., a private, not-for-profit corpo-
 ration has also recognized the need for public transit improvements.  In
 2005,  they unveiled a conceptual plan for an East End Shuttle providing
 coordinated bus and rail service, and issued a development  proposal  to
 further that goal.

 S. 3225--A                          3                         A. 2671--A
 
   In  2007,  the  state  of New York provided a $300,000 grant under its
 Shared Municipal Services Initiative (SMSI) program to study the  feasi-
 bility  of  the  East  End Shuttle concept. In addition, the Long Island
 Rail Road, in conjunction with the towns of Southampton and East Hampton
 initiated  a  pilot  program  in 2007-2008 to provide a rail shuttle and
 connecting bus service during the reconstruction of County Road 39. This
 pilot program demonstrated that the rail/bus shuttle  concept  could  be
 successful.  In 2009, the "East End Transportation Study Report", funded
 by the SMSI program, was completed by the Volpe National  Transportation
 Systems  Center,  U.S. Department of Transportation. The study concluded
 that the East End Shuttle concept was both viable and desirable.
   In summary, the problem of traffic congestion with its adverse impacts
 on the local environment, economy, and quality of  life  has  long  been
 recognized.  Further, a multitude of local governments, regional cooper-
 ative initiatives, and private initiatives have all identified  improved
 public  transit  with  increased and coordinated rail and bus service as
 the cornerstone for solving the problem. The concept  has  been  at  the
 center of public policy discussions for more than a decade.
   The  next step is the full development of the East End Shuttle concept
 in order to implement new transit opportunities in a timely fashion.
   Currently, no governmental entity  exists  which  can  coordinate  the
 multitude  of  local  governments, state government, federal government,
 and other stakeholders that must participate to implement  a  successful
 public transit initiative for the Peconic Bay region.
   It  is  the  intent  of  the  legislature with this act to provide the
 necessary governmental framework and  resources  that  will  foster  the
 cooperation  necessary  to  implement  a public transit proposal for the
 Peconic Bay region. This legislation will give the local governments the
 regional framework to develop and implement this  initiative,  and  will
 mandate  the cooperation of state and federal agencies. Further, it will
 provide for the involvement of all stakeholders and community members in
 the development process to insure an  open  and  comprehensive  decision
 making process.
   §  2. The general municipal law is amended by adding a new article 5-M
 to read as follows:
                                ARTICLE 5-M
                PECONIC BAY REGIONAL TRANSPORTATION COUNCIL
 SECTION 119-AAA. DEFINITIONS.
         119-BBB. PECONIC BAY REGIONAL TRANSPORTATION COUNCIL.
         119-CCC. POWERS AND DUTIES OF THE COUNCIL.
         119-DDD. AGENCY COOPERATION.
         119-EEE. IMPLEMENTATION REPORT FOR THE TRANSPORTATION PLAN.
         119-FFF. SUBMISSION TO THE LEGISLATURE.
   § 119-AAA. DEFINITIONS. AS USED IN THIS ARTICLE  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "PECONIC  BAY  REGION" MEANS THE TOWNS OF EAST HAMPTON, RIVERHEAD,
 SHELTER ISLAND, SOUTHAMPTON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK.
   2. "COUNTY" MEANS THE COUNTY OF SUFFOLK.
   3. "MUNICIPAL CORPORATION" MEANS A TOWN OR VILLAGE IN THE PECONIC  BAY
 REGION.
   4. "STATE" MEANS THE STATE OF NEW YORK.
   5.  "STATE  AGENCY"  MEANS  ANY OFFICE, DEPARTMENT, BOARD, COMMISSION,
 BUREAU, DIVISION,  AUTHORITY,  PUBLIC  BENEFIT  CORPORATION,  AGENCY  OR
 INSTRUMENTALITY OF THE STATE.
   6.  "TRANSPORTATION  PLAN"  MEANS  THE  PLAN  OF PUBLIC TRANSPORTATION
 PROJECTS FOR THE PECONIC BAY REGION PROVIDED FOR IN THE EAST END  TRANS-

 S. 3225--A                          4                         A. 2671--A
 
 PORTATION  STUDY,  PREPARED BY THE VOLPE NATIONAL TRANSPORTATION SYSTEMS
 CENTER, DATED NOVEMBER, TWO THOUSAND NINE.
   7.  "PUBLIC TRANSPORTATION PROJECT" MEANS ANY RAPID TRANSIT, RAILROAD,
 OMNIBUS, MARINE TRANSPORTATION, OR OTHER PUBLIC TRANSPORTATION PROJECT.
   8. "COUNCIL" MEANS THE COUNCIL CREATED PURSUANT TO SECTION ONE HUNDRED
 NINETEEN-BBB OF THIS ARTICLE.
   9. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
   § 119-BBB. PECONIC BAY REGIONAL TRANSPORTATION COUNCIL.  1.  THERE  IS
 HEREBY  CREATED  THE  PECONIC  BAY REGIONAL TRANSPORTATION COUNCIL. SUCH
 COUNCIL SHALL CONSIST  OF  TWENTY  VOTING  MEMBERS:  ONE  MEMBER  TO  BE
 APPOINTED  BY  THE GOVERNOR WHO WILL SERVE AT THE PLEASURE OF THE GOVER-
 NOR, AND FOURTEEN EX OFFICIO MEMBERS WHO ARE THE COUNTY EXECUTIVE OF THE
 COUNTY OF SUFFOLK, THE  FIVE  TOWN  SUPERVISORS  FROM  THE  PECONIC  BAY
 REGION, TWO VILLAGE MAYORS TO BE APPOINTED BY THE EAST END VILLAGE OFFI-
 CIALS ASSOCIATION, THE UNITED STATES CONGRESSMAN REPRESENTING THE PECON-
 IC  BAY  REGION,  THE STATE SENATOR REPRESENTING THE PECONIC BAY REGION,
 THE TWO STATE ASSEMBLY MEMBERS REPRESENTING THE PECONIC BAY REGION,  AND
 THE TWO COUNTY LEGISLATORS REPRESENTING THE PECONIC BAY REGION, AND FIVE
 CITIZEN MEMBERS WITH AN INTEREST IN TRANSPORTATION AND PUBLIC TRANSIT TO
 BE  APPOINTED  BY THE TOWN BOARD OF EACH TOWN IN THE PECONIC BAY REGION.
 EACH TOWN SHALL HAVE ONE  APPOINTMENT.    EACH  EX  OFFICIO  MEMBER  MAY
 APPOINT  A  DESIGNATED  REPRESENTATIVE, BY OFFICIAL AUTHORITY FILED WITH
 THE COUNCIL, TO EXERCISE HIS OR  HER  POWERS  AND  PERFORM  HIS  OR  HER
 DUTIES, INCLUDING THE RIGHT TO VOTE ON MATTERS BEFORE THE COUNCIL.
   2.  THE  COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS CHAIRPERSON. TWELVE
 MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR
 THE EXERCISE OF ANY POWER OR FUNCTION OF  THE  COUNCIL.  AN  AFFIRMATIVE
 VOTE OF ELEVEN OR MORE MEMBERS SHALL BE REQUIRED TO PASS A RESOLUTION OR
 OTHERWISE EXERCISE ANY FUNCTIONS OR POWERS OF THE COUNCIL.
   §  119-CCC.  POWERS AND DUTIES OF THE COUNCIL.  THE COUNCIL SHALL HAVE
 THE FOLLOWING POWERS:
   1. TO MAKE BY-LAWS FOR THE REGULATION AND MANAGEMENT OF ITS AFFAIRS;
   2. TO ESTABLISH A CITIZEN ADVISORY COMMITTEE TO  ASSIST  IT  WITH  ITS
 DUTIES AND RESPONSIBILITIES;
   3.  TO  ESTABLISH A TECHNICAL ADVISORY COMMITTEE TO ASSIST IT WITH ITS
 DUTIES AND RESPONSIBILITIES;
   4. TO DEVELOP AN IMPLEMENTATION REPORT FOR  THE  TRANSPORTATION  PLAN,
 WITH THE ADVICE OF THE ADVISORY COMMITTEES;
   5.  TO  UTILIZE TO THE EXTENT PRACTICABLE, THE STATE AND FACILITIES OF
 EXISTING STATE AND LOCAL AGENCIES;
   6. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER  INSTRUMENTS  NECESSARY
 OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND DUTIES UNDER THIS ARTI-
 CLE;
   7. TO SUE AND BE SUED;
   8.  TO  APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES, AND
 PRESCRIBE THEIR DUTIES AND QUALIFICATIONS;
   9. TO HOLD HEARINGS IN THE EXERCISE  OF  ITS  POWERS,  FUNCTIONS,  AND
 DUTIES AS PROVIDED FOR BY THIS ARTICLE;
   10. TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   11.  TO  CONTRACT  FOR  AND  ACCEPT  ANY ASSISTANCE, INCLUDING BUT NOT
 LIMITED TO GIFTS, GRANTS, OR LOANS OF FUNDS, OR  OF  PROPERTY  FROM  THE
 FEDERAL  GOVERNMENT  OR  ANY  AGENCY  OR INSTRUMENTALITY THEREOF, OR ANY
 STATE AGENCY, OR FROM ANY OTHER PUBLIC OR PRIVATE SOURCE AND TO  COMPLY,
 SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH THE TERMS AND CONDITIONS
 THEREOF.

 S. 3225--A                          5                         A. 2671--A
 
   §  119-DDD. AGENCY COOPERATION. 1. EVERY STATE AGENCY SHALL OFFER FULL
 COOPERATION TO THE COUNCIL IN CARRYING OUT THE PROVISIONS OF THIS  ARTI-
 CLE.
   2.  EVERY  AGENCY  OF  THE COUNTY AND THE MUNICIPAL CORPORATIONS SHALL
 OFFER FULL COOPERATION TO THE COUNCIL IN CARRYING OUT THE PROVISIONS  OF
 THIS ARTICLE.
   §  119-EEE.  IMPLEMENTATION REPORT FOR THE TRANSPORTATION PLAN. 1. THE
 COUNCIL IS HEREBY DIRECTED TO PREPARE AN IMPLEMENTATION REPORT  FOR  THE
 TRANSPORTATION PLAN FOR THE PECONIC BAY REGION WHICH SHALL INCLUDE:
   (A)  ESTABLISHMENT  OF  SHUTTLE TRAINS UTILIZING THE EXISTING RIGHT OF
 WAY OF THE LONG ISLAND RAIL ROAD;
   (B) ESTABLISHMENT AND COORDINATION OF BUS TRANSPORTATION TO COMPLEMENT
 SHUTTLE TRAINS;
   (C) A REGIONAL GOVERNANCE  STRUCTURE  TO  OPERATE  THE  TRANSPORTATION
 PLAN;
   (D) ESTABLISHMENT OF PARK AND RAIL FACILITIES; AND
   (E)  ADDITIONAL  NON-STOP TRAINS FROM NEW YORK CITY TO THE PECONIC BAY
 REGION.
   2. THE IMPLEMENTATION REPORT SHALL BE PREPARED  IN  SUFFICIENT  DETAIL
 AND  SPECIFICITY  TO  PERMIT  THE  RELEVANT  GOVERNMENTAL AUTHORITIES TO
 PROCEED DIRECTLY TO THE IMPLEMENTATION OF THE TRANSPORTATION  PLAN.  THE
 IMPLEMENTATION REPORT SHALL ESTABLISH A TIMETABLE FOR RECOMMENDED PUBLIC
 TRANSPORTATION PROJECTS. THE IMPLEMENTATION REPORT SHALL INCLUDE A CAPI-
 TAL  PLAN  AND  BUDGET FOR ITS IMPLEMENTATION. THE IMPLEMENTATION REPORT
 SHALL INCLUDE THE ASSESSMENT OF ENVIRONMENTAL IMPACTS, PRELIMINARY ENGI-
 NEERING, AND FINAL DESIGN.
   3. AT LEAST FIVE PUBLIC HEARINGS, ONE IN EACH TOWN IN THE PECONIC  BAY
 REGION SHALL BE HELD ON THE FINAL IMPLEMENTATION PLAN.
   4. A PROPOSITION TO APPROVE THE IMPLEMENTATION PLAN SHALL BE SUBMITTED
 TO  THE  VOTERS  AS A REFERENDUM IN EACH OF THE TOWNS IN THE PECONIC BAY
 REGION AT THE GENERAL ELECTION TO BE HELD AT LEAST NINETY DAYS AFTER THE
 COMPLETION OF THE PUBLIC HEARINGS PROVIDED FOR IN SUBDIVISION  THREE  OF
 THIS SECTION. SUCH REFERENDUM SHALL BE DEEMED APPROVED IF IT IS APPROVED
 BY  A  MAJORITY  OF THE VOTERS VOTING ON SUCH REFERENDUM IN EACH TOWN IN
 THE PECONIC BAY REGION.
   § 119-FFF. SUBMISSION TO THE LEGISLATURE.  UPON APPROVAL OF  THE  PLAN
 BY REFERENDUM, SUCH APPROVED IMPLEMENTATION REPORT SHALL BE SUBMITTED TO
 THE  LEGISLATURE  BY  THE  COUNCIL  NO LATER THAN THIRTY DAYS AFTER SUCH
 APPROVAL.
   § 3. This act shall take effect immediately and shall remain  in  full
 force  and  effect  until  December  31,  2028  when  upon such date the
 provisions of this act shall expire and be deemed repealed.