S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5607--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2021
                                ___________
 
 Introduced  by  Sens. KENNEDY, ADDABBO, RAMOS, SALAZAR -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Transportation   --   committee   discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the transportation law, in relation to establishing  the
   hyperloop and high speed rail commission
 
   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
                 HYPERLOOP AND HIGH SPEED RAIL COMMISSION
 SECTION 490. HYPERLOOP AND HIGH SPEED RAIL COMMISSION.
         491. POWERS AND DUTIES OF THE COMMISSION.
         492. REPORTING.
         493. ASSISTANCE OF OTHER AGENCIES.
   §  490.  HYPERLOOP  AND HIGH SPEED RAIL COMMISSION. 1. THERE IS HEREBY
 ESTABLISHED IN THE DEPARTMENT A COMMISSION, TO BE KNOWN AS THE HYPERLOOP
 AND HIGH SPEED RAIL COMMISSION.
   2. (A) SUCH COMMISSION SHALL CONSIST OF THE PRESIDENT  OF  THE  METRO-
 NORTH  RAILROAD  AND  ELEVEN  OTHER  MEMBERS TO BE APPOINTED AS FOLLOWS:
 THREE SHALL BE APPOINTED BY THE GOVERNOR; TWO SHALL BE APPOINTED BY  THE
 MAJORITY  LEADER  OF  THE  SENATE  AND TWO BY THE MINORITY LEADER OF THE
 SENATE; AND TWO SHALL BE APPOINTED BY THE SPEAKER OF  THE  ASSEMBLY  AND
 TWO  BY  THE MINORITY LEADER OF THE ASSEMBLY.  A MAJORITY OF THE COMMIS-
 SION SHALL ELECT A MEMBER OF THE COMMISSION TO SERVE AS THE  CHAIRPERSON
 OF SUCH COMMISSION.
   (B)  FOR PURPOSES OF THIS ARTICLE, "HIGH SPEED RAIL" SHALL MEAN INTER-
 CITY PASSENGER RAIL SERVICES CAPABLE OF OPERATING AT NO  LESS  THAN  ONE
 HUNDRED TEN MILES PER HOUR.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05971-04-1
              

 S. 5607--A                          2
 
   3.  THE COMMISSION MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS AFTER
 THE EFFECTIVE DATE OF THIS ARTICLE AND  SHALL  MEET  PUBLICLY  AT  LEAST
 QUARTERLY.
   §  491. POWERS AND DUTIES OF THE COMMISSION. THE COMMISSION SHALL HAVE
 THE FOLLOWING POWERS AND DUTIES:
   1. ASSESS AND STUDY THE BENEFITS AND IMPLICATIONS, INCLUDING FINANCIAL
 IMPLICATIONS, OF CREATING A HYPERLOOP SYSTEM WITHIN NEW YORK STATE;
   2. PLAN AND ADVISE  THE  DEPARTMENT  ON  FUTURE  IMPROVEMENTS  TO  THE
 STATE'S  RAIL SYSTEMS THAT ARE NECESSARY TO IMPLEMENT A HYPERLOOP SYSTEM
 IN THE STATE, INCLUDING MAKING RECOMMENDATIONS FOR THE BEST GOVERNMENTAL
 STRUCTURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND  FINANCE  A  HYPERLOOP
 SYSTEM;
   3.  EVALUATE  ALL AVAILABLE HYPERLOOP TECHNOLOGIES, SYSTEMS AND OPERA-
 TORS, AND MAKE RECOMMENDATIONS ON AN APPROPRIATE HYPERLOOP SYSTEM;
   4. RESEARCH OPTIONS, IN COORDINATION WITH THE DEPARTMENT, WITH RESPECT
 TO AGREEMENTS  WITH  PRIVATE  ENTITIES  NECESSARY  TO  PERMIT  HYPERLOOP
 SYSTEMS,  INCLUDING  BUT  NOT  LIMITED  TO  AGREEMENTS RELATING TO TRACK
 IMPROVEMENTS AND AGREEMENTS  TO  OPERATE  A  HYPERLOOP  SYSTEM,  AND  TO
 PROVIDE  THE DEPARTMENT WITH RECOMMENDATIONS ON THE FORM ANY SUCH AGREE-
 MENT SHOULD TAKE;
   5. ADVISE AND WORK WITH THE DEPARTMENT ON MAKING APPLICATION  FOR  ANY
 ADDITIONAL  FUNDING THAT MAY BE AVAILABLE FOR THE DEVELOPMENT AND OPERA-
 TION OF A HYPERLOOP 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. ASSESS AND STUDY THE BENEFITS AND IMPLICATIONS, INCLUDING FINANCIAL
 IMPLICATIONS, OF CREATING OR IMPLEMENTING A HIGH SPEED RAIL SYSTEM WITH-
 IN NEW YORK STATE;
   7.  PLAN  AND  ADVISE  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 STRUCTURE TO DESIGN, BUILD, OPERATE, MAINTAIN AND FINANCE A
 HIGH SPEED RAIL SYSTEM;
   8. EVALUATE ALL AVAILABLE HIGH SPEED RAIL  TECHNOLOGIES,  SYSTEMS  AND
 OPERATORS,  AND  MAKE  RECOMMENDATIONS ON AN APPROPRIATE HIGH SPEED RAIL
 SYSTEM, AS WELL AS ASSESS AND COMPARE THE POSITIVE AND NEGATIVE  IMPACTS
 OF IMPLEMENTING A HIGH SPEED RAIL SYSTEM IN CONTRAST WITH IMPLEMENTING A
 HYPERLOOP SYSTEM;
   9. RESEARCH OPTIONS, IN COORDINATION WITH THE DEPARTMENT, WITH RESPECT
 TO  AGREEMENTS WITH PRIVATE ENTITIES NECESSARY TO PERMIT HIGH SPEED RAIL
 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;
   10. ADVISE AND WORK WITH THE DEPARTMENT ON MAKING APPLICATIONS FOR ANY
 ADDITIONAL  FUNDING THAT MAY BE AVAILABLE FOR THE DEVELOPMENT AND OPERA-
 TION 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; AND
   11.  TO ISSUE REQUESTS FOR INFORMATION FROM ALL COMPANIES THAT OPERATE
 HYPERLOOP AND HIGH SPEED RAILS  AROUND  THE  WORLD  INCLUDING,  BUT  NOT
 LIMITED  TO,  COMPANIES IN JAPAN, CHINA, SOUTH KOREA AND GERMANY, AND TO
 COLLECT AND PRESENT A COMPREHENSIVE OUTLINE OF POTENTIAL COMPANIES  THAT
 COULD OPERATE A HYPERLOOP AND HIGH SPEED RAIL SYSTEM IN THE STATE.

 S. 5607--A                          3
 
   § 492. REPORTING. THE COMMISSION SHALL MAKE A REPORT WITH ITS FINDINGS
 TO THE GOVERNOR AND THE LEGISLATURE AND SHALL PUBLISH SUCH REPORT WITHIN
 TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE AND ANNUALLY THEREAFTER.
 UPON  THE TRANSMISSION OF THE INITIAL REPORT TO THE GOVERNOR, THE LEGIS-
 LATURE  AND THE PUBLIC, THE COMMISSIONER SHALL WITHIN THIRTY DAYS DETER-
 MINE WHETHER THE COMMISSION SHALL CONTINUE IN OPERATION,  WHETHER  THERE
 ARE AMENDMENTS THAT COULD IMPROVE THE COMMISSION, OR WHETHER IT SHALL BE
 DISSOLVED.  THE COMMISSIONER SHALL REPORT HIS OR HER FINDINGS AND RECOM-
 MENDATIONS TO THE GOVERNOR AND  THE  LEGISLATURE.    IN  THE  EVENT  THE
 COMMISSION  IS  DISSOLVED, THE COMMISSIONER SHALL NOTIFY THE LEGISLATIVE
 BILL DRAFTING COMMISSION  UPON  SUCH  DISSOLUTION  IN  ORDER  THAT  SUCH
 COMMISSION MAY MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE DATABASE OF THE
 OFFICIAL  TEXT  OF  THE  LAWS OF THE STATE OF NEW YORK IN FURTHERANCE OF
 EFFECTUATING THE PROVISIONS OF SECTION FORTY-FOUR OF THE LEGISLATIVE LAW
 AND SECTION SEVENTY-B OF THE PUBLIC OFFICERS LAW.
   § 493. ASSISTANCE OF OTHER AGENCIES. TO  EFFECTUATE  THE  PURPOSES  OF
 THIS  ARTICLE,  THE  COMMISSION  MAY  REQUEST AND SHALL RECEIVE FROM ANY
 DEPARTMENT, DIVISION, BOARD,  BUREAU,  COMMISSION  OR  OTHER  AGENCY  OR
 AUTHORITY  OF  THE  STATE  SUCH ASSISTANCE, INFORMATION AND DATA AS WILL
 ENABLE THE COMMISSION TO PROPERLY CARRY OUT ITS  POWERS  AND  DUTIES  AS
 DESCRIBED  IN  SECTION  FOUR  HUNDRED  NINETY  ONE OF THIS ARTICLE. 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 immediately.