S349-2011 Actions

• Jan 4, 2012: REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Mar 31, 2011: COMMITTEE DISCHARGED AND COMMITTED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO TRANSPORTATION

S349-2011 Memo

BILL NUMBER:S349

TITLE OF BILL:             REVISED 12/30/11

An act
to amend the public authorities law, in relation to the power of the
metropolitan transportation authority to increase rates and fees

PURPOSE OR GENERAL IDEA OF BILL:

To require the Metropolitan Transit Authority to hold public hearings
when they propose to raise fares, tolls, etc when such proposed
increase would represent a significant increase in the overall cost
of transportation services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends section 1266 (3) of the Public Authorities Law.
Requires the Metropolitan Transportation Authority to hold public
hearings throughout the metropolitan commuter transportation area
when fares, tolls, rates, charges, the parking of vehicles and other
fees for the transportation of passengers, are proposed to be
increased. Such proposed increase must represent a significant
increase in the overall cost of such transportation services.

Section 2. Effective Date

EXISTING LAW:
Public Authorities Law; Title 11 - Metropolitan Commuter
Transportation Authority; Section 1266- Special Powers of the Authority

JUSTIFICATION:
Any new or increased fares, tolls, rates, or surcharges should be
justified to the riding public by requiring the MT A to hold public
hearings throughout their service area to allow for public input when
such proposal will represent a significant increase in the cost of
services.

LEGISLATIVE HISTORY:
2011:      S.349 - Discharged from Transportation, Committed to
           Corporations, Authorities and Commissions/A.1174 -
           Referred to Corporations, Authorities and Commissions
2009-10:   S.3431 - Referred to Transportation/A.8845- Referred to
           Transportation
2009:      A.6810 - Enacting Clause Stricken
2007-08    A.7085 - Advanced to Third Reading
2007:      A.3310 - Enacting Clause Stricken

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after enactment.

S349-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          349
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  DIAZ  --  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 the power  of
 the metropolitan transportation authority to increase rates and fees
 

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

 

Section 1. Subdivision 3 of section 1266  of  the  public  authorities
 law,  as  amended by chapter 314 of the laws of 1981, is 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, THE PARKING OF  VEHICLES,  OR  ANY
 OTHER  SERVICE  IF  THE ESTABLISHMENT OF OR INCREASE IN CHARGES FOR SUCH
 OTHER SERVICE WOULD REPRESENT A SIGNIFICANT INCREASE IN THE OVERALL COST
 OF THE USE OF TRANSPORTATION SERVICES 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, THE PARKING  OF  VEHICLES  OR
 OTHER  SERVICES  which  are in effect at the time that the then owner of
 such transportation facility becomes a  subsidiary  corporation  of  the
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03125-01-1
 
       S. 349                              2
 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. ANY PUBLIC
 HEARINGS REQUIRED BY THIS SUBDIVISION SHALL BE HELD IN SUCH LOCATIONS IN
 THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT  AS  SHALL  AFFORD  AN
 OPPORTUNITY  TO  BE  HEARD  TO  SUCH  PERSON  AS  MAY BE AFFECTED BY THE
 PROPOSED CHARGES. 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 operations
 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 reven
 ue  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 oper
 ating  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 subsid
 iary 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.
 

S 2.  This act shall take effect on the thirtieth day after  it  shall
 have become a law.

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