S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    525
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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
   metropolitan commuter transportation authority to obtain approval from
   the state comptroller to increase fares
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 1205 of the public authorities
 law, as amended by chapter 717 of the laws of 1967, is amended  to  read
 as follows:
   1.  Notwithstanding  the provisions of any other law, the terms of any
 contract or franchise, the authority shall have the power at  all  times
 to  fix or adjust the rate or rates of fare to be charged for the use of
 any transit facility operated by the authority as may in the judgment of
 the authority be necessary to maintain the operations of  the  authority
 on  a  self-sustaining  basis,  UPON  APPROVAL  OF THE STATE COMPTROLLER
 PURSUANT TO SECTION TWELVE HUNDRED SIXTY-FIVE-C OF THIS  ARTICLE.    The
 operations  of  the authority shall be deemed to be on a self-sustaining
 basis, as required by this title, when the authority is able to pay from
 revenue, from any funds granted or transferred to the authority pursuant
 to any provision  of  law,  including  funds  granted  pursuant  to  the
 provisions  of  section ninety-eight-b of the general municipal law, and
 from any other funds actually available to the authority, including  the
 proceeds  of  borrowings  for  working capital purposes, the expenses of
 operation of the authority as the same shall become due.
   § 2. Section 1207-i of the  public  authorities  law,  as  amended  by
 section  17  of  part O of chapter 61 of the laws of 2000, is amended to
 read as follows:
   § 1207-i. Rates of fare while bonds, notes and other  obligations  are
 outstanding.  Notwithstanding  the  provisions of section twelve hundred

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00569-01-9

 S. 525                              2
 
 five of this title or the provisions of any other law to  the  contrary,
 so  long as the authority shall have outstanding and unpaid bonds, notes
 or other obligations issued pursuant to section twelve  hundred  seven-b
 of  this  title, or the metropolitan transportation authority or Tribor-
 ough bridge and tunnel  authority  shall  have  outstanding  and  unpaid
 bonds,  notes  or other obligations secured by or payable from, in whole
 or in part, the revenues, assets or other monies of the authority or its
 subsidiary corporations, the authority shall have the power at all times
 to fix or adjust the rate or rates of fare to be charged for the use  of
 any  transit  facility  operated  by the authority, UPON APPROVAL OF THE
 STATE COMPTROLLER PURSUANT TO SECTION  TWELVE  HUNDRED  SIXTY-FIVE-C  OF
 THIS  ARTICLE,  as  may,  in  the judgment of the board, be necessary to
 produce sufficient revenues to pay, as the same shall  become  due,  the
 principal  of and interest on such bonds, notes and other obligations of
 the authority,  metropolitan  transportation  authority  and  Triborough
 bridge  and  tunnel  authority,  together with the maintenance of proper
 reserves therefor, in addition to paying as the same  shall  become  due
 the  expenses of operation of the authority. The authority, metropolitan
 transportation authority and Triborough  bridge  and  tunnel  authority,
 shall  be  authorized  to contract with the holders of such bonds, notes
 and other obligations with respect to the exercise of the power  author-
 ized  by this section. In furtherance of the mandate of the metropolitan
 transportation authority to develop and implement a unified mass  trans-
 portation  policy  for the metropolitan commuter transportation district
 and the exercise of its powers, including  the  power  to  issue  notes,
 bonds  and other obligations secured in whole or in part by the revenues
 of the  authority  and  its  subsidiaries,  metropolitan  transportation
 authority  and  its  subsidiaries,  and the Triborough bridge and tunnel
 authority, the authority shall join with the metropolitan transportation
 authority in connection with the establishment, levy and  collection  of
 fares, tolls, rentals, rates, charges and other fees for the transporta-
 tion  of  passengers on any transit facilities operated by authority and
 its subsidiaries, including any changes thereto.
   § 3. Subdivision 3 of section 1266 of the public authorities  law,  as
 amended  by  chapter  314  of  the  laws  of 1981, is amended to read as
 follows:
   3. [The] EXCEPT AS PROVIDED IN SECTION TWELVE HUNDRED SIXTY-FIVE-C  OF
 THIS TITLE, THE authority may establish, levy and collect or cause to be
 established,  levied  and  collected and, in the case of a joint service
 arrangement, join with others in the establishment, levy and  collection
 of  such  fares, tolls, rentals, rates, charges and other fees as it may
 deem necessary, convenient or desirable for the use and operation of any
 transportation facility and related services operated by  the  authority
 or by a subsidiary corporation of the authority or under contract, lease
 or  other  arrangement,  including  joint service arrangements, with the
 authority. Any such fares, tolls, rentals, rates, charges or other  fees
 for  the  transportation  of passengers shall be established and changed
 only if approved by resolution of the authority adopted by not less than
 a majority vote of the whole number of members of the authority then  in
 office,  with  the chairman having one additional vote in the event of a
 tie vote, EXCEPT AS PROVIDED IN SECTION TWELVE HUNDRED  SIXTY-FIVE-C  OF
 THIS  TITLE,  and  only  after  a public hearing, provided however, that
 fares, tolls, rentals, rates, charges or other fees for the  transporta-
 tion of passengers on any transportation facility which are in effect at
 the  time  that the then owner of such transportation facility becomes a
 subsidiary corporation of the authority or at the time that operation of

 S. 525                              3
 
 such transportation  facility  is  commenced  by  the  authority  or  is
 commenced  under  contract,  lease or other arrangement, including joint
 service arrangements, with the authority  may  be  continued  in  effect
 without  such  a hearing. Such fares, tolls, rentals, rates, charges and
 other fees shall be established as may in the judgment of the  authority
 be  necessary  to  maintain the combined operations of the authority and
 its subsidiary corporations on a self-sustaining basis.  The said  oper-
 ations  shall  be deemed to be on a self-sustaining basis as required by
 this title, when the authority is able to pay or cause to be  paid  from
 revenue  and  any  other  funds  or  property  actually available to the
 authority and its subsidiary corporations (a) as the same  shall  become
 due,  the  principal  of  and  interest on the bonds and notes and other
 obligations of  the  authority  and  of  such  subsidiary  corporations,
 together  with the maintenance of proper reserves therefor, (b) the cost
 and expense of keeping the properties and assets of  the  authority  and
 its  subsidiary  corporations  in good condition and repair, and (c) the
 capital and operating expenses  of  the  authority  and  its  subsidiary
 corporations.  The  authority may contract with the holders of bonds and
 notes with respect to the exercise of  the  powers  authorized  by  this
 section.  No  acts  or  activities  taken or proposed to be taken by the
 authority or any subsidiary of the authority pursuant to the  provisions
 of  this subdivision shall be deemed to be "actions" for the purposes or
 within the meaning of article eight of  the  environmental  conservation
 law.
   §  4.  The  public  authorities law is amended by adding a new section
 1265-c to read as follows:
    § 1265-C. APPROVAL OF  STATE  COMPTROLLER.  1.  THE  AUTHORITY  SHALL
 SUBMIT  A  WRITTEN  REPORT TO THE STATE COMPTROLLER PRIOR TO THE DATE OF
 ANY INCREASE IN FARES FOR THE TRANSPORTATION OF PASSENGERS TAKES EFFECT.
 SUCH REPORT  SHALL  INCLUDE  A  JUSTIFICATION  FOR  SUCH  PROPOSED  FARE
 INCREASE AND THE CURRENT FINANCIAL CONDITION OF THE AUTHORITY. THE STATE
 COMPTROLLER  MAY  REQUIRE  ANY ADDITIONAL DATA OR INFORMATION THAT HE OR
 SHE DEEMS NECESSARY IN SUCH REPORT. NO PROPOSED FARE INCREASE SHALL TAKE
 EFFECT UNTIL APPROVED BY RESOLUTION OF THE AUTHORITY PURSUANT TO SECTION
 TWELVE HUNDRED SIXTY-SIX OF THIS TITLE AND APPROVED BY THE  STATE  COMP-
 TROLLER.
   2.  THIS  SECTION  SHALL NOT BE DEEMED TO ADVERSELY AFFECT OR DIMINISH
 ANY PUBLIC HEARING REQUIREMENTS.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and shall apply to any fares increased on or after
 such effective date.