Senate Bill S4145

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4145
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed 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 section 2 of part TT of chapter 54 of the laws of 2016, 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 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  privi-
 leges  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
 THE  LEGISLATURE,  OR THE APPROPRIATE COMMITTEES THEREOF, UPON REVIEW OF
 THE REPORT SUBMITTED TO IT BY THE AUTHORITY,  FINDS  THAT  THE  PROPOSED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05621-01-7

 S. 4145                             2
 
 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.
   § 2. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction 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.
   § 3. This act shall take effect immediately.