Requires the MTA to file a copy of proposed station closings with various governmental agencies; provides that the MTA hold a public hearing on any proposed closings; allows the MTA to not comply with the filing provisions for emergency repairs or repairs that cause the station to close for less than twenty-four hours.
TITLE OF BILL: An act to amend the public authorities law, in relation to requiring the MTA to post a schedule of station closings
PURPOSE OR GENERAL IDEA OF BILL: Requires the MTA to file a copy of proposed station closings with various governmental agencies.
SUMMARY OF SPECIFIC PROVISIONS: Section 1277 of the public authorities law, as amended by chapter 161 of the laws of 2000, is amended:
* Provide a station closing schedule on capital projects six months in advance filed with the NYS Comptroller's Office, NYC Controller's Office, the NYC Office of Economic Development; all affected community boards and state, local, and federal elected officials.
* After notice of station closings, the MTA will be required to hold public hearings in the affected community boards on the closings.
* Emergency repairs or scheduled maintenance work that requires shutdowns of less than 24 hours are exempt from the six-month notice provision.
* The Authority shall not close any station for one week commencing on the fourth Wednesday in November, unless it is for emergency repairs.
JUSTIFICATION: Countless commuters are affected by scheduled subway station closings and the MTA must provide ample time for these commuters to be accommodated. The provisions of this legislation allow for these accommodations to be made.
PRIOR LEGISLATIVE HISTORY: A.9626 of 2006 A.1673 of 2007-08 A.4208 of 2009-10 S.6419 of 2011-12 SAME AS A.500-A
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect immediately and shall apply to any station closings that occur no sooner than seven months after such effective date.
STATE OF NEW YORK ________________________________________________________________________ 1297 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. STAVISKY -- 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 MTA to post a schedule of station closings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1277 of the public authorities law, as amended by chapter 161 of the laws of 2000, is amended to read as follows: S 1277. Station operation and maintenance. 1. A. The operation, main- tenance and use of passenger stations shall be public purposes of the city of New York and the counties within the district. The total cost to the authority and each of its subsidiary corporations of operation, maintenance and use of each passenger station within the district serviced by one or more railroad facilities of the authority or of such subsidiary corporation, including the buildings, appurtenances, plat- forms, lands and approaches incidental or adjacent thereto, shall be borne by the city of New York if such station is located in such city or, if not located in such city, by such county within the district in which such station is located. On or before June first of each year, the authority shall, in accordance with the method specified herein, deter- mine and certify to the city of New York and to each county within the district the respective allocation of costs related to the operation, maintenance and use of passenger stations within such city and each such other county, for the twelve month period ending the preceding March thirty-first. (I) For the year commencing April first, nineteen hundred ninety-nine, the total payment amount to be billed by the authority for the opera- tion, maintenance and use of each passenger station within the city of New York and the counties of Nassau, Suffolk, Westchester, Dutchess, Putnam, Orange, and Rockland shall be calculated by summing the totalEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04082-01-3 S. 1297 2
amount listed in the base amount table plus an adjustment to such base year amount equal to the base amount times the increase or decrease in the Consumer Price Index for Wage Earners and Clerical Workers for the New York, Northeastern-New Jersey Standard Metropolitan Statistical Area for the twelve-month period being billed. BASE AMOUNT TABLE County Base Amount Nassau $19,200,000 Suffolk $11,834,091 Westchester $13,269,310 Dutchess $ 1,581,880 Putnam $ 618,619 Orange $ 327,247 Rockland $ 34,791 City of New York $61,435,330 (II) For each year thereafter, such total payment for each such county shall be the same amount as the total payment during the immediately prior year, plus an adjustment equal to the prior year amount times the increase or decrease in the Consumer Price Index for Wage Earners and Clerical Workers for the New York, Northeastern-New Jersey Standard Metropolitan Statistical Area for the twelve-month period being billed. B. On or before the following September first, of each year, such city and each such county shall pay to the authority such cost or amount so certified to it on or before the preceding June first. Such city and each such county shall have power to finance such costs to it by the issuance of budget notes pursuant to section 29.00 of the local finance law. For the year beginning April first, two thousand four, the author- ity, the city of New York and the counties of Nassau, Suffolk, Westches- ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an agreement, recommend to the legislature modifications to the amounts set forth above based upon changes made to commuter services including but not limited to changes in the number of passenger stations within such counties or the level of commuter rail service provided to any such passenger stations. Failure between the authority and between the coun- ties to reach agreement will be referred to the state comptroller for mediation. If the mediation is unsuccessful, each party and the state comptroller may submit a recommendation to the governor and the legisla- ture for legislative action. C. In the event that a city or county shall fail to make payment to the authority for station maintenance as required pursuant to this section, or any part thereof, the chief executive officer of the author- ity or such other person as the chairman shall designate shall certify to the state comptroller the amount due and owing the authority at the end of the state fiscal year and the state comptroller shall withhold an equivalent amount from the next succeeding state aid allocated to such county or city from the motor fuel tax and the motor vehicle registra- tion fee distributed pursuant to former section one hundred twelve of the highway law, or amounts distributed pursuant to section ten-c of the highway law, or per capita local assistance pursuant to section fifty- four of the state finance law subject to the following limitations: prior to withholding amounts due the authority from such county or city, the comptroller shall pay in full any amount due the state of New York municipal bond bank agency, on account of any such county's or city's obligation to such agency; the city university construction fund pursu- ant to the provisions of the city university construction fund act; theS. 1297 3
New York city housing development corporation, pursuant to the provisions of the New York city housing development corporation act (article twelve of the private housing finance law); and the transit construction fund pursuant to the provisions of title nine-A of article five of this chapter. The comptroller shall give the director of the budget notification of any such payment. Such amount or amounts so with- held by the comptroller shall be paid to the authority and the authority shall use such amount for the repayment of the state advances hereby authorized. When such amount or amounts are received by the authority, it shall credit such amounts against any amounts due and owing by the city or county on whose account such amount was withheld and paid. 2. A. WHENEVER THE AUTHORITY WILL CLOSE A STATION FOR A PERIOD OF TIME IN EXCESS OF TWENTY-FOUR HOURS, THE AUTHORITY, AT LEAST SIX MONTHS PRIOR TO SUCH SCHEDULED CLOSING DATE, MUST FILE A COPY OF SUCH SCHEDULED CLOS- INGS WITH THE STATE COMPTROLLER, THE NEW YORK CITY CONTROLLER, THE NEW YORK CITY OFFICE OF ECONOMIC DEVELOPMENT, ALL AFFECTED COMMUNITY BOARDS, AND ANY LOCAL, STATE, OR FEDERAL ELECTED OFFICIAL. B. THE AUTHORITY SHALL BE REQUIRED TO HOLD A PUBLIC HEARING AFTER THE FILING OF THE SCHEDULED CLOSINGS BUT PRIOR TO SUCH CLOSING DATE. C. THE AUTHORITY SHALL NOT CLOSE ANY STATION FOR ONE WEEK COMMENCING ON THE FOURTH WEDNESDAY IN NOVEMBER. D. THE AUTHORITY SHALL NOT BE REQUIRED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION FOR ANY CLOSING THAT RESULTS FROM EMERGENCY REPAIR OR ANY CLOSING THAT WILL BE LESS THAN TWENTY-FOUR HOURS IN DURATION. S 2. This act shall take effect immediately and shall apply to any station closings that occur no sooner than seven months after such effective date.