Eliminates the MTA's exemption from environmental quality review standards established by article 8 of the environmental conservation law.

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S1386-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 7, 2011: REFERRED TO TRANSPORTATION

S1386-2011 Memo

BILL NUMBER:S1386

TITLE OF BILL:
An act
to amend the public authorities law, in relation to eliminating the
metropolitan commuter transportation authority's environmental quality
review exemption

PURPOSE OR GENERAL IDEA OF BILL:
This bill would
eliminate special exemptions to the State Environmental Quality Review
Act that apply solely to the Metropolitan Transportation Authority
(MTA).

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends
subdivisions 3 and 11 of section 1266 of the public authorities law by
removing language which exempts the metropolitan commuter transportation
authority from environmental quality review under article eight of the
environmental conservation law.

Section 2 sets forth an immediate effective date.

JUSTIFICATION:
The State Environmental Quality Review
Act (SEQRA) is New York State's fundamental environmental protection
law. It requires government agencies to consider the potential
environmental impacts of actions they propose to take before making any
decision to take those actions.

There are several exemptions to SEQRA sprinkled throughout the
Consolidated Laws. However, these exemptions tend to be very narrow and
apply only to acquisitions of specific properties. For example, the New
York Power Authority (NYPA) enjoys a SEQRA exemption that is limited to
the acquisition and purchase of the Sheridan Avenue steam plant in
Albany. The MTA's SEQRA exemptions allow the authority to take just
about any action without any environmental review. This is extremely
unusual and perhaps unique. Public authorities that perform functions
similar those performed by the MT A, including transportation
authorities across the state such as the Niagara Frontier Transportation
Authority, the Rochester-Genesee Regional Transportation Authority, the
Capital District Transportation Authority, and the Central New York
Regional Transportation Authority, enjoy no SEQRA exemptions.

The MTA owns a great deal of real property, operates a huge quantity of
equipment and affects the lives of millions of New Yorkers. Its actions
can have very substantial environmental impacts and should be reviewed.
This legislation will ensure that the MT A will be held to the same
standard as other state public authorities and agencies.

PRIOR LEGISLATIVE HISTORY:

2009-2010:  Referred to Transportation; Reported to Finance
2007-2008:  Referred to Corporations, Authorities, and Commissions

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately.

S1386-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1386

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 7, 2011
                                 ___________

  Introduced  by  Sens.  PERKINS,  DILAN,  DUANE -- read twice and ordered
    printed, and when printed to be committed to the Committee  on  Trans-
    portation

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01761-01-1

 S. 1386                             2

  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.]
    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.]
    S 2. This act shall take effect immediately.