S T A T E   O F   N E W   Y O R K
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    S. 1859                                                  A. 1461

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation to  creating  the
  Peconic  Bay  regional  transportation  council; and providing for the
  repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby finds that
over the past thirty years, rapid growth and development in the  Peconic
Bay region of Long Island, while providing for a successful economy, has
also  resulted  in  some  unavoidable, adverse impacts that threaten the
region's future quality of life and future economic prosperity.  Traffic
congestion  has  been one of the primary adverse impacts from such rapid
development.
  Expanding traffic congestion has  resulted  in  deteriorating  traffic
safety  with  increased  traffic  accidents and fatalities. In addition,
traffic congestion has resulted in increased trip delays, declining  air
quality, adverse impacts to historic and rural resources in the region's
villages  and  hamlets, parking problems, adverse impacts to residential
communities and neighborhoods resulting from the  diversion  of  traffic
from major highways and arteries to rural residential streets and roads.
  The  region's  tourist  and second home industries, the cornerstone of
its prosperity, are threatened if the adverse  consequences  of  traffic
congestion  are  not promptly and adequately addressed. Further, projec-
tions from the state department of transportation and local  governments
indicate that there will be a continued growth in year-round population,

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

                                                           LBD01669-01-3

S. 1859                             2                            A. 1461

seasonal  residents, and traffic into the foreseeable future, exacerbat-
ing an already major problem.
  The  legislature  finds  that  the unique geography of the Peconic Bay
region limits the ability to expand highway capacity for motor vehicles.
The narrow forks limit the augmentation of future highway capacity in an
east-west direction. The construction of new highways is not a  feasible
alternative,  and  the option of improving capacity on existing highways
is limited. In addition to unique geography,  impacts  to  the  region's
natural  and historic resources, such as open space, farmland, watershed
areas, wetlands, and historic sites and landmarks also limit  increasing
highway capacity.
  While  the  region's  highway infrastructure is severely overburdened,
its public transit capabilities are underdeveloped. The region possesses
underutilized rail capacity with minimal service from  the  Long  Island
Rail Road to the region.
  The  legislature  finds  that  the  development  of new public transit
opportunities for the Peconic Bay region represents the best alternative
to address growing traffic congestion and other transportation problems.
The region possesses an existing rail infrastructure.  Existing  service
to the region is minimal. Further, there is no coordination between rail
service  and existing bus service. The opportunity to improve service is
clearly available.
  The region's local governments have  recognized  the  adverse  impacts
resulting  from growing traffic congestion and the need to explore other
transportation  options  such  as  public  transit.  Independently,  the
comprehensive  plans of the region's towns and villages have cited traf-
fic congestion as a critical problem and have identified improved public
transit as a future goal. Towns have created task forces and commissions
to address the transportation issue.
  Further, collectively, as a region, the local governments have  joined
together   to   explore  public  transit  options  to  mitigate  traffic
congestion. As early as 1994, the East End  Economic  and  Environmental
Institute,  under  the  auspices  of the East End Mayors and Supervisors
Association issued a report entitled Blue Print  for  Our  Future  which
called  for improved and coordinated bus and rail service in the Peconic
Bay region.
  In 2005, after a four-year public outreach process, the local  govern-
ments of the region issued the result of its SEEDS (Sustainable East End
Development) project. This initiative also recognized the need to create
improved  transportation opportunities, including selected road improve-
ments and increased and coordinated public transit.
  The private sector has also recognized the need for improved  regional
transportation opportunities. The Institute for Sustainable Development,
Southampton  College  of  Long  Island University, held a conference and
issued a report calling for improved transportation opportunities in the
region. Five Town Rural Transit, Inc., a private, not-for-profit  corpo-
ration  has also recognized the need for public transit improvements. In
2005, they unveiled a conceptual plan for an East End Shuttle  providing
coordinated  bus  and rail service, and issued a development proposal to
further that goal.
  In 2007, the state of New York provided a  $300,000  grant  under  its
Shared  Municipal Services Initiative (SMSI) program to study the feasi-
bility of the East End Shuttle concept. In  addition,  the  Long  Island
Rail Road, in conjunction with the towns of Southampton and East Hampton
initiated  a  pilot  program  in 2007-2008 to provide a rail shuttle and
connecting bus service during the reconstruction of County Road 39. This

S. 1859                             3                            A. 1461

pilot program demonstrated that the rail/bus shuttle  concept  could  be
successful.  In 2009, the "East End Transportation Study Report", funded
by the SMSI program, was completed by the Volpe National  Transportation
Systems  Center,  U.S. Department of Transportation. The study concluded
that the East End Shuttle concept was both viable and desirable.
  In summary, the problem of traffic congestion with its adverse impacts
on the local environment, economy, and quality of  life  has  long  been
recognized.  Further, a multitude of local governments, regional cooper-
ative initiatives, and private initiatives have all identified  improved
public  transit  with  increased and coordinated rail and bus service as
the cornerstone for solving the problem. The concept  has  been  at  the
center of public policy discussions for more than a decade.
  The  next step is the full development of the East End Shuttle concept
in order to implement new transit opportunities in a timely fashion.
  Currently, no governmental entity  exists  which  can  coordinate  the
multitude  of  local  governments, state government, federal government,
and other stakeholders that must participate to implement  a  successful
public transit initiative for the Peconic Bay region.
  It  is  the  intent  of  the  legislature with this act to provide the
necessary governmental framework and  resources  that  will  foster  the
cooperation  necessary  to  implement  a public transit proposal for the
Peconic Bay region. This legislation will give the local governments the
regional framework to develop and implement this  initiative,  and  will
mandate  the cooperation of state and federal agencies. Further, it will
provide for the involvement of all stakeholders and community members in
the development process to insure an  open  and  comprehensive  decision
making process.
  S  2. The general municipal law is amended by adding a new article 5-M
to read as follows:
                               ARTICLE 5-M
               PECONIC BAY REGIONAL TRANSPORTATION COUNCIL
SECTION 119-AAA. DEFINITIONS.
        119-BBB. PECONIC BAY REGIONAL TRANSPORTATION COUNCIL.
        119-CCC. POWERS AND DUTIES OF THE COUNCIL.
        119-DDD. AGENCY COOPERATION.
        119-EEE. IMPLEMENTATION REPORT FOR THE TRANSPORTATION PLAN.
        119-FFF. SUBMISSION TO THE LEGISLATURE.
  S 119-AAA. DEFINITIONS. AS USED IN THIS ARTICLE  THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "PECONIC BAY REGION" MEANS THE TOWNS OF EAST HAMPTON, RIVERHEAD,
 SOUTHAMPTON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK.
  2. "COUNTY" MEANS THE COUNTY OF SUFFOLK.
  3.  "MUNICIPAL CORPORATION" MEANS A TOWN OR VILLAGE IN THE PECONIC BAY
REGION.
  4. "STATE" MEANS THE STATE OF NEW YORK.
  5. "STATE AGENCY" MEANS ANY  OFFICE,  DEPARTMENT,  BOARD,  COMMISSION,
BUREAU,  DIVISION,  AUTHORITY,  PUBLIC  BENEFIT  CORPORATION,  AGENCY OR
INSTRUMENTALITY OF THE STATE.
  6. "TRANSPORTATION PLAN"  MEANS  THE  PLAN  OF  PUBLIC  TRANSPORTATION
PROJECTS  FOR THE PECONIC BAY REGION PROVIDED FOR IN THE EAST END TRANS-
PORTATION STUDY, PREPARED BY THE VOLPE NATIONAL  TRANSPORTATION  SYSTEMS
CENTER, DATED NOVEMBER, TWO THOUSAND NINE.
  7.  "PUBLIC TRANSPORTATION PROJECT" MEANS ANY RAPID TRANSIT, RAILROAD,
OMNIBUS, MARINE TRANSPORTATION, OR OTHER PUBLIC TRANSPORTATION PROJECT.
  8. "COUNCIL" MEANS THE COUNCIL CREATED PURSUANT TO SECTION ONE HUNDRED
NINETEEN-BBB OF THIS ARTICLE.

S. 1859                             4                            A. 1461

  9. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
  S  119-BBB.  PECONIC  BAY REGIONAL TRANSPORTATION COUNCIL. 1. THERE IS
HEREBY CREATED THE PECONIC BAY  REGIONAL  TRANSPORTATION  COUNCIL.  SUCH
COUNCIL  SHALL  CONSIST  OF  EIGHTEEN  VOTING  MEMBERS: ONE MEMBER TO BE
APPOINTED BY THE GOVERNOR WHO WILL SERVE AT THE PLEASURE OF  THE  GOVER-
NOR, AND THIRTEEN EX OFFICIO MEMBERS WHO ARE THE COUNTY EXECUTIVE OF THE
COUNTY  OF  SUFFOLK,  THE  FOUR  TOWN  SUPERVISORS  FROM THE PECONIC BAY
REGION, TWO VILLAGE MAYORS TO BE APPOINTED BY THE EAST END VILLAGE OFFI-
CIALS ASSOCIATION, THE UNITED STATES CONGRESSMAN REPRESENTING THE PECON-
IC BAY REGION, THE STATE SENATOR REPRESENTING THE  PECONIC  BAY  REGION,
THE  TWO STATE ASSEMBLY MEMBERS REPRESENTING THE PECONIC BAY REGION, AND
THE TWO COUNTY LEGISLATORS REPRESENTING THE PECONIC BAY REGION, AND FOUR
CITIZEN MEMBERS WITH AN INTEREST IN TRANSPORTATION AND PUBLIC TRANSIT TO
BE APPOINTED BY THE TOWN BOARD OF EACH TOWN IN THE PECONIC  BAY  REGION.
EACH  TOWN  SHALL  HAVE  ONE  APPOINTMENT.    EACH EX OFFICIO MEMBER MAY
APPOINT A DESIGNATED REPRESENTATIVE, BY OFFICIAL  AUTHORITY  FILED  WITH
THE  COUNCIL,  TO  EXERCISE  HIS  OR  HER  POWERS AND PERFORM HIS OR HER
DUTIES, INCLUDING THE RIGHT TO VOTE ON MATTERS BEFORE THE COUNCIL.
  2. THE COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS  CHAIRPERSON.  ELEVEN
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR
THE  EXERCISE  OF  ANY  POWER OR FUNCTION OF THE COUNCIL. AN AFFIRMATIVE
VOTE OF TEN OR MORE MEMBERS SHALL BE REQUIRED TO PASS  A  RESOLUTION  OR
OTHERWISE EXERCISE ANY FUNCTIONS OR POWERS OF THE COUNCIL.
  S  119-CCC.  POWERS AND DUTIES OF THE COUNCIL.  THE COUNCIL SHALL HAVE
THE FOLLOWING POWERS:
  1. TO MAKE BY-LAWS FOR THE REGULATION AND MANAGEMENT OF ITS AFFAIRS;
  2. TO ESTABLISH A CITIZEN ADVISORY COMMITTEE TO  ASSIST  IT  WITH  ITS
DUTIES AND RESPONSIBILITIES;
  3.  TO  ESTABLISH A TECHNICAL ADVISORY COMMITTEE TO ASSIST IT WITH ITS
DUTIES AND RESPONSIBILITIES;
  4. TO DEVELOP AN IMPLEMENTATION REPORT FOR  THE  TRANSPORTATION  PLAN,
WITH THE ADVICE OF THE ADVISORY COMMITTEES;
  5.  TO  UTILIZE TO THE EXTENT PRACTICABLE, THE STATE AND FACILITIES OF
EXISTING STATE AND LOCAL AGENCIES;
  6. TO MAKE AND EXECUTE CONTRACTS AND ALL OTHER  INSTRUMENTS  NECESSARY
OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND DUTIES UNDER THIS ARTI-
CLE;
  7. TO SUE AND BE SUED;
  8.  TO  APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS, EMPLOYEES, AND
PRESCRIBE THEIR DUTIES AND QUALIFICATIONS;
  9. TO HOLD HEARINGS IN THE EXERCISE  OF  ITS  POWERS,  FUNCTIONS,  AND
DUTIES AS PROVIDED FOR BY THIS ARTICLE;
  10. TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
  11.  TO  CONTRACT  FOR  AND  ACCEPT  ANY ASSISTANCE, INCLUDING BUT NOT
LIMITED TO GIFTS, GRANTS, OR LOANS OF FUNDS, OR  OF  PROPERTY  FROM  THE
FEDERAL  GOVERNMENT  OR  ANY  AGENCY  OR INSTRUMENTALITY THEREOF, OR ANY
STATE AGENCY, OR FROM ANY OTHER PUBLIC OR PRIVATE SOURCE AND TO  COMPLY,
SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH THE TERMS AND CONDITIONS
THEREOF.
  S  119-DDD. AGENCY COOPERATION. 1. EVERY STATE AGENCY SHALL OFFER FULL
COOPERATION TO THE COUNCIL IN CARRYING OUT THE PROVISIONS OF THIS  ARTI-
CLE.
  2.  EVERY  AGENCY  OF  THE COUNTY AND THE MUNICIPAL CORPORATIONS SHALL
OFFER FULL COOPERATION TO THE COUNCIL IN CARRYING OUT THE PROVISIONS  OF
THIS ARTICLE.

S. 1859                             5                            A. 1461

  S  119-EEE.  IMPLEMENTATION REPORT FOR THE TRANSPORTATION PLAN. 1. THE
COUNCIL IS HEREBY DIRECTED TO PREPARE AN IMPLEMENTATION REPORT  FOR  THE
TRANSPORTATION PLAN FOR THE PECONIC BAY REGION WHICH SHALL INCLUDE:
  (A)  ESTABLISHMENT  OF  SHUTTLE TRAINS UTILIZING THE EXISTING RIGHT OF
WAY OF THE LONG ISLAND RAIL ROAD;
  (B) ESTABLISHMENT AND COORDINATION OF BUS TRANSPORTATION TO COMPLEMENT
SHUTTLE TRAINS;
  (C) A REGIONAL GOVERNANCE  STRUCTURE  TO  OPERATE  THE  TRANSPORTATION
PLAN;
  (D) ESTABLISHMENT OF PARK AND RAIL FACILITIES; AND
  (E)  ADDITIONAL  NON-STOP TRAINS FROM NEW YORK CITY TO THE PECONIC BAY
REGION.
  2. THE IMPLEMENTATION REPORT SHALL BE PREPARED  IN  SUFFICIENT  DETAIL
AND  SPECIFICITY  TO  PERMIT  THE  RELEVANT  GOVERNMENTAL AUTHORITIES TO
PROCEED DIRECTLY TO THE IMPLEMENTATION OF THE TRANSPORTATION  PLAN.  THE
IMPLEMENTATION REPORT SHALL ESTABLISH A TIMETABLE FOR RECOMMENDED PUBLIC
TRANSPORTATION PROJECTS. THE IMPLEMENTATION REPORT SHALL INCLUDE A CAPI-
TAL  PLAN  AND  BUDGET FOR ITS IMPLEMENTATION. THE IMPLEMENTATION REPORT
SHALL INCLUDE THE ASSESSMENT OF ENVIRONMENTAL IMPACTS, PRELIMINARY ENGI-
NEERING, AND FINAL DESIGN.
  3. AT LEAST FOUR PUBLIC HEARINGS, ONE IN EACH TOWN IN THE PECONIC  BAY
REGION SHALL BE HELD ON THE FINAL IMPLEMENTATION PLAN.
  4. A PROPOSITION TO APPROVE THE IMPLEMENTATION PLAN SHALL BE SUBMITTED
TO  THE  VOTERS  AS A REFERENDUM IN EACH OF THE TOWNS IN THE PECONIC BAY
REGION AT THE GENERAL ELECTION TO BE HELD AT LEAST NINETY DAYS AFTER THE
COMPLETION OF THE PUBLIC HEARINGS PROVIDED FOR IN SUBDIVISION  THREE  OF
THIS SECTION. SUCH REFERENDUM SHALL BE DEEMED APPROVED IF IT IS APPROVED
BY  A  MAJORITY  OF THE VOTERS VOTING ON SUCH REFERENDUM IN EACH TOWN IN
THE PECONIC BAY REGION.
  S 119-FFF. SUBMISSION TO THE LEGISLATURE.  UPON APPROVAL OF  THE  PLAN
BY REFERENDUM, SUCH APPROVED IMPLEMENTATION REPORT SHALL BE SUBMITTED TO
THE  LEGISLATURE  BY  THE  COUNCIL  NO LATER THAN THIRTY DAYS AFTER SUCH
APPROVAL.
  S 3. This act shall take effect immediately and shall remain  in  full
force  and  effect  until  December  31,  2018  when  upon such date the
provisions of this act shall expire and be deemed repealed.