S T A T E   O F   N E W   Y O R K
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                                  8141--A
 
                             I N  S E N A T E
 
                               April 6, 2018
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public authorities law,  in  relation  to  requiring
   public hearings prior to certain transportation facility closures

   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
 year  amount  equal to the base amount times the increase or decrease in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15335-02-8

 S. 8141--A                          2
 
 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
 provisions of the New York  city  housing  development  corporation  act

 S. 8141--A                          3
 
 (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 PUBLIC HEARING OR HEARINGS SHALL BE HELD  AT  LEAST  THIRTY  DAYS
 PRIOR TO THE CLOSURE OF ANY TRANSPORTATION FACILITY DUE TO CONSTRUCTION,
 IMPROVEMENT,  RECONSTRUCTION  OR REHABILITATION WHERE SUCH FACILITY WILL
 BE OUT-OF-SERVICE FOR NINETY DAYS OR LONGER. PUBLIC HEARINGS REQUIRED BY
 THIS SUBDIVISION SHALL BE HELD AT ONE  OR  MORE  LOCATIONS  CONVENIENTLY
 ACCESSIBLE TO THE PERSONS WHO WOULD BE AFFECTED BY SUCH CLOSURE.
   §  2.  This  act  shall take effect immediately and shall apply to any
 station closings that occur no sooner than six months after such  effec-
 tive date.