NY State Senate Bill 2021-S5384

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Mar 03, 2021	referred to transportation

2021-S5384 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Transportation Law
Laws Affected:: Add Art 23 §§490 - 492, Transp L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7244
2017-2018: S2879
2019-2020: S4961
2023-2024: S6846
2025-2026: S3804

2021-S5384 (ACTIVE) - Summary

Establishes a state high speed rail planning board; requires the planning board to report to the governor and legislature two years from the effective date with a plan for financing of high speed rail and the organizational entity which would oversee and operate New York's high speed rail program.

2021-S5384 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5384

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the transportation law, in relation to establishing a
state high speed rail planning board

 
PURPOSE OF BILL:

This bill would create a temporary High Speed Rail Planning Board within
the Department of Transportation (DOT) to advise the Department on the
implementation of a high speed rail system for the State and develop a
plan for financing such a system and for the organizational structure
that should oversee and operate it.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new Transportation Law Article 23 to
create an eleven-member High Speed Rail Planning Board within DOT.  New
Transportation Law § 490 would:

*Establish the new Board, which would consist of the Commissioner of
DOT, the President of the Metro North Railroad. The governor shall
appoint two members of the board upon the recommendation of the Tempo-
rary President of the Senate and two upon the recommendation of the
Speaker of the Assembly. The governor shall appoint one member upon the
recommendation of the minority leader of the Senate and one member upon
the recommendation of the minority leader Assembly. The remaining three
members shall be appointed by the governor without recommendation,
provided, however, that at least one selection shall be a regular mass
transit or passenger rail user and another shall represent a passenger
rail advocacy organization. The governor may also select a non-voting
member from a labor organization representing railroad employees;

*Establish the qualifications for members of the Board and require that
members be appointed within 30 days;

*Require the Board to meet publicly at least quarterly; and

*Provide that the Governor shall designate an Executive Director to
assist the Board. New Transportation Law § 491 would provide the Board's
powers and duties, which would include:

*Providing DOT with input on environmental impact studies necessary for
planning for a high speed rail system and development of a transporta-
tion investment program;

*Soliciting and receiving stakeholder and public opinions, including a
requirement to hold at least six public hearing in regionally diverse
areas of the State;

*Evaluating all available high speed rail systems and making recommenda-
tions on an appropriate system for the State;

*Researching options with respect to agreements with private entities
necessary to permit high speed trains and providing DOT with recommenda-
tions on the form such agreements should take;

*Advising DOT on funding sources for the development and operation of a
high speed rail system; and *Reporting to the Governor and the Legisla-
ture, within two years, on a fully developed and consensus plan for
financing of high speed rail and the organizational entity that should
oversee the State's high speed rail program.

Section 2 of the bill would make this Act take effect immediately and
expire in three years.

 
EXISTING LAW:

Under Transportation Law § 14-c, DOT is responsible for coordinating
intercity passenger rail systems within the State.

 
STATEMENT IN SUPPORT:

A modern, efficient passenger rail system is critical to promoting
economic development throughout the State, while at the same time reduc-
ing motorists' dependence on foreign oil and the impact of car travel on
our environment. The federal government has made it a goal to achieve
national high speed rail service, and has awarded New York $151 under
the American Recovery and Reinvestment Act (ARRA) to help implement a
high speed passenger rail system in New York.

The High Speed Rail Planning Board established by this bill is the next,
necessary step to achieving this goal. It would create a bipartisan
entity that could bring together experts, stakeholders and the public to
address the critical issues necessary to design, finance, build, operate
and maintain a high speed rail system. The Board will also serve as an
advisor to DOT in identifying additional funding that may help to
finance the State's high speed rail system.  At the end of its review
and investigation of options for implementing such a system, the Board
will issue a report setting forth a fully developed and consensus plan
for. financing of high speed rail and the organizational entity that
should oversee the State's high speed rail program.

 
BUDGET IMPLICATIONS:

This bill would have no State fiscal impact, because it would be contin-
uing the work that is now being undertaken in the DOT.

 
LEGISLATIVE HISTORY:

2019-20: S4961 - REFERRED TO TRANSPORTATION
2017-18: S2879 - Referred to Transportation
2015-16: S.7244 - Referred to Transportation

 
EFFECTIVE DATE:
This bill would take effect 60 days after enactment.

2021-S5384 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5384
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in relation  to  establishing  a
   state high speed rail planning board
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The transportation law is amended by adding a  new  article
 23 to read as follows:
                                ARTICLE 23
                   STATE HIGH SPEED RAIL PLANNING BOARD
 SECTION 490. STATE HIGH SPEED RAIL PLANNING BOARD.
         491. POWERS AND DUTIES OF THE BOARD.
         492. ASSISTANCE OF OTHER AGENCIES.
   §  490.  STATE  HIGH  SPEED  RAIL  PLANNING  BOARD. 1. THERE IS HEREBY
 CREATED IN THE DEPARTMENT A BOARD, TO BE KNOWN AS THE STATE  HIGH  SPEED
 RAIL  PLANNING  BOARD.  SUCH BOARD SHALL BE RESPONSIBLE FOR PLANNING AND
 ADVISING THE DEPARTMENT ON  FUTURE  IMPROVEMENTS  TO  THE  STATE'S  RAIL
 SYSTEMS  THAT  ARE NECESSARY TO IMPLEMENT HIGH SPEED RAIL SERVICE IN THE
 STATE, INCLUDING MAKING RECOMMENDATIONS FOR THE BEST GOVERNMENTAL STRUC-
 TURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND FINANCE A HIGH  SPEED  RAIL
 SYSTEM.    THE  BOARD  SHALL  ALSO BE RESPONSIBLE FOR REVIEWING RELEVANT
 RECOMMENDATIONS AS GUIDELINES FOR FUTURE IMPROVEMENTS, ENHANCEMENTS  AND
 ADDITIONS TO RAIL SERVICE IN THE STATE, INCLUDING WITHOUT LIMITATION THE
 NEW  YORK  STATE  RAIL  PLAN PUT FORTH BY THE DEPARTMENT IN TWO THOUSAND
 NINE, THE FEDERAL RAILROAD ADMINISTRATION'S HIGH  SPEED  RAIL  INTERCITY
 PASSENGER  RAIL  PROGRAM  OF  TWO  THOUSAND NINE, AND AMTRAK'S NORTHEAST
 CORRIDOR VISION REPORTS.
   2. SUCH BOARD SHALL CONSIST OF THE COMMISSIONER, THE PRESIDENT OF  THE
 METRO-NORTH RAILROAD AND NINE OTHER MEMBERS.  THE GOVERNOR SHALL APPOINT
 TWO  MEMBERS OF THE BOARD UPON RECOMMENDATION OF THE TEMPORARY PRESIDENT
 OF THE SENATE AND TWO UPON RECOMMENDATION OF THE SPEAKER OF  THE  ASSEM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09335-01-1

 S. 5384                             2
 
 BLY.  THE  GOVERNOR  SHALL APPOINT ONE MEMBER UPON RECOMMENDATION OF THE
 MINORITY LEADER OF THE SENATE AND ONE UPON RECOMMENDATION OF THE MINORI-
 TY LEADER  OF  THE  ASSEMBLY.  THE  REMAINING  THREE  MEMBERS  SHALL  BE
 APPOINTED  BY  THE  GOVERNOR  WITHOUT RECOMMENDATION, PROVIDED, HOWEVER,
 THAT AT LEAST ONE SELECTION SHALL BE A REGULAR MASS TRANSIT OR PASSENGER
 RAIL USER AND ANOTHER SELECTION SHALL REPRESENT A PASSENGER RAIL ADVOCA-
 CY ORGANIZATION. THE GOVERNOR MAY ALSO SELECT A NON-VOTING MEMBER FROM A
 LABOR ORGANIZATION REPRESENTING RAILROAD EMPLOYEES.  BOARD MEMBERS SHALL
 BE SUBJECT TO CONFIRMATION BY THE SENATE.   ANY MEMBER  APPOINTED  TO  A
 TERM  ON THE BOARD SHALL HAVE EXPERIENCE IN ONE OR MORE OF THE FOLLOWING
 AREAS OF EXPERTISE: TRANSPORTATION AND RAILROAD INFRASTRUCTURE PROJECTS,
 PUBLIC ADMINISTRATION, FINANCING OF  INFRASTRUCTURE,  ENGINEERING,  LAW,
 LAND  USE,  URBAN  AND  REGIONAL  PLANNING,  MANAGEMENT OF LARGE CAPITAL
 PROJECTS, LABOR RELATIONS, OR HAVE EXPERIENCE  IN  SOME  OTHER  AREA  OF
 ACTIVITY  CENTRAL  TO THE MISSION OF THE BOARD. A MAJORITY OF THE ENTIRE
 BOARD SHALL SELECT A CHAIR FROM AMONG THE MEMBERS.
   3. BOARD MEMBERS SHALL BE  APPOINTED  WITHIN  THIRTY  DAYS  AFTER  THE
 EFFECTIVE  DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT AFTER THE EXPI-
 RATION OF THE THIRTY DAY PERIOD, A MAJORITY  OF  THE  APPOINTED  MEMBERS
 SHALL CONSTITUTE A QUORUM.
   4.  EXCEPT  FOR  THE COMMISSIONER AND THE PRESIDENT OF THE METRO-NORTH
 RAILROAD, THE TERM OF OFFICE OF EACH SUCH MEMBER SHALL BE  THREE  YEARS.
 ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING OTHERWISE THAN BY EXPI-
 RATION  OF  A TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED
 TERM.
   5. THE BOARD SHALL MEET PUBLICLY AT LEAST QUARTERLY AT THE  TIMES  AND
 PLACES  IN THE STATE THAT THE CHAIR DESIGNATES UNTIL THE FINAL REPORT IS
 SUBMITTED.
   6. MEMBERS OF THE BOARD, EXCEPT THE COMMISSIONER, SHALL BE ALLOWED THE
 NECESSARY AND ACTUAL EXPENSES  WHICH  HE  OR  SHE  SHALL  INCUR  IN  THE
 PERFORMANCE OF HIS OR HER DUTIES UNDER THIS ARTICLE.
   7.  THE  GOVERNOR  SHALL  DESIGNATE  AN  EXECUTIVE  DIRECTOR TO RENDER
 ASSISTANCE AND SERVICE TO THE BOARD, SUBJECT TO THE ADVICE  AND  CONSENT
 OF THE SENATE.
   §  491.  POWERS  AND  DUTIES  OF  THE  BOARD. THE BOARD SHALL HAVE THE
 FOLLOWING POWERS AND DUTIES:
   1. TO PROVIDE  THE  DEPARTMENT  WITH  INPUT  ON  ENVIRONMENTAL  IMPACT
 STUDIES  NECESSARY  FOR  PLANNING  FOR  A HIGH SPEED RAIL SYSTEM AND THE
 DEVELOPMENT OF A TRANSPORTATION INVESTMENT PROGRAM;
   2. TO SOLICIT AND RECEIVE PUBLIC AND STAKEHOLDER INPUT ON OPINIONS AND
 PROPOSALS FOR BUILDING, DESIGNING, MAINTAINING, OPERATING AND  FINANCING
 A  HIGH  SPEED  RAIL SYSTEM FOR THE STATE, WHICH SHALL INCLUDE A PROCESS
 FOR SOLICITING AND RECEIVING TESTIMONY FROM INTERESTED PARTIES, A  PROC-
 ESS  FOR  RECEIVING  PUBLIC  COMMENTS  WHICH  SHALL INCLUDE AT LEAST SIX
 PUBLIC HEARINGS HELD IN REGIONALLY DIVERSE AREAS OF THE STATE AS  DESIG-
 NATED  BY THE CHAIR, AND A PROCESS FOR PROVIDING PERIODIC PUBLIC REPORTS
 AND UPDATES;
   3. TO EVALUATE ALL AVAILABLE HIGH SPEED RAIL TECHNOLOGIES, SYSTEMS AND
 OPERATORS, AND MAKE RECOMMENDATIONS ON AN APPROPRIATE  HIGH  SPEED  RAIL
 SYSTEM;
   4.  TO  RESEARCH  OPTIONS,  IN  COORDINATION WITH THE DEPARTMENT, WITH
 RESPECT TO AGREEMENTS WITH PRIVATE ENTITIES  NECESSARY  TO  PERMIT  HIGH
 SPEED  TRAINS, INCLUDING BUT NOT LIMITED TO AGREEMENTS RELATING TO TRACK
 IMPROVEMENTS AND AGREEMENTS TO OPERATE A HIGH SPEED RAIL SYSTEM, AND  TO
 PROVIDE  THE DEPARTMENT WITH RECOMMENDATIONS ON THE FORM ANY SUCH AGREE-
 MENT SHOULD TAKE;

 S. 5384                             3
 
   5. TO ADVISE AND WORK WITH THE DEPARTMENT ON  MAKING  APPLICATION  FOR
 ANY  ADDITIONAL  FUNDING  THAT  MAY BE AVAILABLE FOR THE DEVELOPMENT AND
 OPERATION OF A HIGH SPEED RAIL SYSTEM IN THE STATE,  PROVIDED,  HOWEVER,
 THAT  NO SUCH FUNDING THAT REQUIRES A STATE MATCH OF FUNDS MAY BE SOUGHT
 EXCEPT  ON  APPROVAL OF THE GOVERNOR AND THE DIRECTOR OF THE DIVISION OF
 THE BUDGET;
   6. TO MAKE A REPORT, WITHIN TWO YEARS OF THE EFFECTIVE  DATE  OF  THIS
 ARTICLE,  TO  THE GOVERNOR AND THE LEGISLATURE THAT WILL INCLUDE BUT NOT
 BE LIMITED TO A FULLY DEVELOPED AND CONSENSUS PLAN FOR FINANCING OF HIGH
 SPEED RAIL AND THE ORGANIZATIONAL ENTITY WHICH SHOULD OVERSEE AND  OPER-
 ATE  NEW  YORK  STATE'S  HIGH SPEED RAIL PROGRAM.  THE BOARD MAY PROVIDE
 ADDITIONAL OR UPDATED REPORTS DOCUMENTING THE PROGRESS OF THE HIGH SPEED
 RAIL PROGRAM FROM TIME TO TIME.
   7. TO ACCEPT GIFTS, GRANTS, LOANS OR CONTRIBUTIONS OF FUNDS OR PROPER-
 TY IN ANY FORM FROM THE FEDERAL GOVERNMENT OR ANY AGENCY  OR  INSTRUMEN-
 TALITY  THEREOF  OR  FROM  THE  STATE  OR  ANY  OTHER SOURCE TO USE SUCH
 RESOURCES FOR BOARD PURPOSES, NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
 LAW.  SUCH  RESOURCES SHALL INCLUDE WITHOUT LIMITATION UNDISBURSED REAP-
 PROPRIATIONS FROM THE SENATE HIGH SPEED RAIL TASK FORCE.
   § 492. ASSISTANCE OF OTHER AGENCIES. TO  EFFECTUATE  THE  PURPOSES  OF
 THIS  ARTICLE,  THE BOARD MAY REQUEST AND SHALL RECEIVE FROM ANY DEPART-
 MENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY  OR  AUTHORITY
 OF  THE  STATE  SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE
 BOARD PROPERLY TO CARRY OUT ITS  POWERS  AND  DUTIES  HEREUNDER.    SUCH
 ASSISTANCE  SHALL NOT WAIVE OR IMPAIR THE TERMS OF AN EXISTING AGREEMENT
 NEGOTIATED BETWEEN THE RELEVANT EMPLOYER AND EMPLOYEE  ORGANIZATION  NOR
 LIMIT  ANY  OBLIGATION  TO  BARGAIN  TERMS  AND CONDITIONS OF EMPLOYMENT
 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S5384

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2021-S5384 (ACTIVE) - Details

2021-S5384 (ACTIVE) - Summary

2021-S5384 (ACTIVE) - Sponsor Memo

2021-S5384 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2021-S5384 (ACTIVE) - Details

2021-S5384 (ACTIVE) - Summary

2021-S5384 (ACTIVE) - Sponsor Memo

2021-S5384 (ACTIVE) - Bill Text download pdf

Comments