Senate Bill S7892

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7892
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 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 public authorities law, in relation  to  eliminating
   the  metropolitan  commuter  transportation  authority's environmental
   quality review exemption
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 11 of section 1266 of the public author-
 ities law, subdivision 3 as amended and subdivision 11 as added by chap-
 ter 314 of the laws of 1981, are amended to read as follows:
   3. The authority may establish, levy and collect or cause to be estab-
 lished,  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, and only after a public hearing, provided however, that fares,
 tolls, rentals, rates, charges or other fees for the  transportation  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01216-01-3
 S. 7892                             2
 
 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.]
   11.  No  project to be constructed upon real property theretofore used
 for a transportation purpose, or on an insubstantial  addition  to  such
 property contiguous thereto, which will not change in a material respect
 the  general character of such prior transportation use, nor any acts or
 activities in connection with such project,  shall  be  subject  to  the
 provisions  of  article [eight,] nineteen, twenty-four or twenty-five of
 the environmental conservation law, or to any  local  law  or  ordinance
 adopted  pursuant to any such article. [Nor shall any acts or activities
 taken or proposed to be taken by the authority or by any other person or
 entity, public or private, in  connection  with  the  planning,  design,
 acquisition, improvement, construction, reconstruction or rehabilitation
 of  a transportation facility, other than a marine or aviation facility,
 be subject to the provisions  of  article  eight  of  the  environmental
 conservation  law,  or to any local law or ordinance adopted pursuant to
 any such article if such acts or activities require the preparation of a
 statement under or pursuant to any federal law or regulation as  to  the
 environmental impact thereof.]
   § 2. This act shall take effect immediately.