S T A T E   O F   N E W   Y O R K
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                                   5216
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 the
   MTA to post a schedule of station closings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1277 of the public authorities law, as amended by
 chapter 161 of the laws of 2000, is amended to read as follows:
   § 1277. Station operation and maintenance. 1. A. The operation,  main-
 tenance  and  use  of passenger stations shall be public purposes of the
 city of New York and the counties within the district. The total cost to
 the authority and each of  its  subsidiary  corporations  of  operation,
 maintenance  and  use  of  each  passenger  station  within the district
 serviced by one or more railroad facilities of the authority or of  such
 subsidiary  corporation,  including  the buildings, appurtenances, plat-
 forms, lands and approaches incidental or  adjacent  thereto,  shall  be
 borne  by  the  city of New York if such station is located in such city
 or, if not located in such city, by such county within the  district  in
 which such station is located. On or before June first of each year, the
 authority  shall, in accordance with the method specified herein, deter-
 mine and certify to the city of New York and to each county  within  the
 district  the  respective  allocation of costs related to the operation,
 maintenance and use of passenger stations within such city and each such
 other county, for the twelve month period  ending  the  preceding  March
 thirty-first.
   (I) For the year commencing April first, nineteen hundred ninety-nine,
 the  total  payment  amount to be billed by the authority for the opera-
 tion, maintenance and use of each passenger station within the  city  of
 New  York  and  the  counties of Nassau, Suffolk, Westchester, Dutchess,
 Putnam, Orange, and Rockland shall be calculated by  summing  the  total
 amount  listed  in the base amount table plus an adjustment to such base
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03395-01-7

 S. 5216                             2
 
 year amount equal to the base amount times the increase or  decrease  in
 the  Consumer  Price Index for Wage Earners and Clerical Workers for the
 New York, Northeastern-New Jersey Standard Metropolitan Statistical Area
 for the twelve-month period being billed.
 
                             BASE AMOUNT TABLE
        County                                Base Amount
        Nassau                                $19,200,000
        Suffolk                               $11,834,091
        Westchester                           $13,269,310
        Dutchess                              $ 1,581,880
        Putnam                                $   618,619
        Orange                                $   327,247
        Rockland                              $    34,791
        City of New York                      $61,435,330
   (II) For each year thereafter, such total payment for each such county
 shall  be  the  same  amount as the total payment during the immediately
 prior year, plus an adjustment equal to the prior year amount times  the
 increase  or  decrease  in the Consumer Price Index for Wage Earners and
 Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
 Metropolitan Statistical Area for the twelve-month period being billed.
   B. On or before the following September first, of each year, such city
 and  each  such county shall pay to the authority such cost or amount so
 certified to it on or before the preceding June first.   Such  city  and
 each  such  county  shall  have power to finance such costs to it by the
 issuance of budget notes pursuant to section 29.00 of the local  finance
 law.  For the year beginning April first, two thousand four, the author-
 ity, the city of New York and the counties of Nassau, Suffolk, Westches-
 ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
 agreement, recommend to the legislature modifications to the amounts set
 forth  above  based upon changes made to commuter services including but
 not limited to changes in the number of passenger stations  within  such
 counties  or  the  level  of  commuter rail service provided to any such
 passenger stations.  Failure between the authority and between the coun-
 ties to reach agreement will be referred to the  state  comptroller  for
 mediation.  If  the  mediation is unsuccessful, each party and the state
 comptroller may submit a recommendation to the governor and the legisla-
 ture for legislative action.
   C. In the event that a city or county shall fail to  make  payment  to
 the  authority  for  station  maintenance  as  required pursuant to this
 section, or any part thereof, the chief executive officer of the author-
 ity or such other person as the chairman shall designate  shall  certify
 to  the  state comptroller the amount due and owing the authority at the
 end of the state fiscal year and the state comptroller shall withhold an
 equivalent amount from the next succeeding state aid allocated  to  such
 county  or  city from the motor fuel tax and the motor vehicle registra-
 tion fee distributed pursuant to former section one  hundred  twelve  of
 the highway law, or amounts distributed pursuant to section ten-c of the
 highway  law,  or per capita local assistance pursuant to section fifty-
 four of the state finance law  subject  to  the  following  limitations:
 prior to withholding amounts due the authority from such county or city,
 the  comptroller  shall pay in full any amount due the state of New York
 municipal bond bank agency, on account of any such  county's  or  city's
 obligation  to such agency; the city university construction fund pursu-
 ant to the provisions of the city university construction fund act;  the
 New   York   city  housing  development  corporation,  pursuant  to  the

 S. 5216                             3

 provisions of the New York  city  housing  development  corporation  act
 (article  twelve  of  the  private housing finance law); and the transit
 construction fund pursuant to the provisions of title nine-A of  article
 five  of  this chapter.   The comptroller shall give the director of the
 budget notification of any such payment. Such amount or amounts so with-
 held by the comptroller shall be paid to the authority and the authority
 shall use such amount for the repayment of  the  state  advances  hereby
 authorized.  When  such amount or amounts are received by the authority,
 it shall credit such amounts against any amounts due and  owing  by  the
 city or county on whose account such amount was withheld and paid.
   2. A. WHENEVER THE AUTHORITY WILL CLOSE A STATION FOR A PERIOD OF TIME
 IN EXCESS OF TWENTY-FOUR HOURS, THE AUTHORITY, AT LEAST SIX MONTHS PRIOR
 TO SUCH SCHEDULED CLOSING DATE, MUST FILE A COPY OF SUCH SCHEDULED CLOS-
 INGS  WITH  THE STATE COMPTROLLER, THE NEW YORK CITY CONTROLLER, THE NEW
 YORK CITY OFFICE OF ECONOMIC DEVELOPMENT, ALL AFFECTED COMMUNITY BOARDS,
 AND ANY LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL.
   B. THE AUTHORITY SHALL BE REQUIRED TO HOLD A PUBLIC HEARING AFTER  THE
 FILING OF THE SCHEDULED CLOSINGS BUT PRIOR TO SUCH CLOSING DATE.
   C.   THE AUTHORITY SHALL NOT CLOSE ANY STATION FOR ONE WEEK COMMENCING
 ON THE FOURTH WEDNESDAY IN NOVEMBER.
   D. THE AUTHORITY SHALL NOT BE REQUIRED TO COMPLY WITH  THE  PROVISIONS
 OF  THIS  SUBDIVISION FOR ANY CLOSING THAT RESULTS FROM EMERGENCY REPAIR
 OR ANY CLOSING THAT WILL BE LESS THAN TWENTY-FOUR HOURS IN DURATION.
   § 2. This act shall take effect immediately and  shall  apply  to  any
 station  closings  that  occur  no  sooner  than seven months after such
 effective date.