Assembly Bill A7377

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7377
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 29, 2019
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Corporations, Authorities and Commissions
 
 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.
              

                                                            LBD05175-01-9

 A. 7377                             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.