NY State Assembly Bill 2009-A9379

Assembly Bill A9379

2009-2010 Legislative Session

Relates to the election by certain counties to withdraw from the metropolitan commuter transportation district, and permits the counties of Orange and Rockland to make such election

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2010	held for consideration in corporations, authorities and commissions
Jan 06, 2010	referred to corporations, authorities and commissions

2009-A9379 (ACTIVE) - Details

Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Public Authorities Law
Laws Affected:: Amd §1279-b, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A751
2013-2014: A3278
2015-2016: A5719
2017-2018: A5598
2019-2020: A5547
2021-2022: A5646
2023-2024: A5400

2009-A9379 (ACTIVE) - Summary

Relates to the election by certain counties to withdraw from the metropolitan commuter transportation district, and permits the counties of Orange and Rockland to make such election.

2009-A9379 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A9379

TITLE OF BILL:  An act to amend the public authorities law, in relation
to the election by certain counties to withdraw from the metropolitan
commuter transportation district; and in relation to permitting the
counties of Orange and Rockland to make such election

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to provide
Orange and Rockland Counties the option to withdraw from the metropol-
itan commuter transportation district.

SUMMARY OF SPECIFIC PROVISIONS: The bill amends section 1279-b of the
public authorities law to give Orange and Rockland County the option to
elect to withdraw from the metropolitan commuter transportation
district.

The county seeking to withdraw shall provide the commissioner of trans-
portation, and chairman of the authority and the other counties which
have an option to withdraw, a resolution adopted by the county legisla-
ture providing notice of intent to withdraw and furnish a public trans-
portation plan.

The "public transportation plan" shall include an agreement where the
county shall be entitled to lease facilities and services comprising
such rail transportation system at fair market value which provides for
negotiations for withdrawal from the metropolitan commuter transporta-

tion district.

If no agreement is reached after sixty days from the commencement of
such negotiations, either party may make application to a justice of the
supreme court residing in the counties of Orange or Rockland for an
appointment of a special referee.

The special referee shall mediate negotiations for withdrawal for a
period of no longer than sixty days. If after the sixty day period the
parties are unable to reach an agreement, the special referee shall,
within thirty days; recommend the terms of the withdrawal to the
justice, who shall review the recommendations of the referee and the
positions of the parties thereon and shall issue an order setting forth
the terms of the withdrawal.

JUSTIFICATION: Due to various new and increased taxes and fees passed in
2009 for the metropolitan commuter transportation district an undue
hardship has been placed on my constituents. This bill will allow Orange
and Rockland Counties the option to withdraw themselves from the MTA
Commuter Transportation District.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: This bill would result in a cost savings to be
determined after such county or counties reach an agreed upon public
transportation plan.

EFFECTIVE DATE: This act shall take effect immediately.

2009-A9379 (ACTIVE) - Bill Text download pdf

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

                                  9379

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to the  election
  by  certain counties to withdraw from the metropolitan commuter trans-
  portation district; and in relation  to  permitting  the  counties  of
  Orange and Rockland to make such election

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

  Section 1. Section 1279-b of the public authorities law, as  added  by
chapter 669 of the laws of 1986, the opening paragraph of subdivision 1,
the opening paragraph of paragraph (a) of subdivision 1 and subdivisions
3  and  5  as  amended by chapter 670 of the laws of 1986, is amended to
read as follows:
  S 1279-b.  Transition--election  to  withdraw  from  the  metropolitan
commuter  transportation district. 1. The counties of [Dutchess,] Orange
and Rockland shall have an option  to  withdraw  from  the  metropolitan
commuter transportation district and have such withdrawal take effect on
either:  (a)  [January] APRIL first, [nineteen hundred eighty-seven] TWO
THOUSAND ELEVEN. If any such county plans to withdraw from the  district
on  [January]  APRIL first, [nineteen hundred eighty-seven] TWO THOUSAND
ELEVEN, it shall (i) no later than seventy-five days after the effective
date of this section, furnish the commissioner  of  transportation,  and
chairman of the authority and the other counties which have an option to
withdraw,  a  resolution  adopted  by  the  county legislature providing
notice of intent to withdraw, (ii) on or before [October] JANUARY first,
[nineteen hundred eighty-six] TWO THOUSAND TEN, furnish to  the  commis-
sioner  of transportation, the chairman of the authority and other coun-
ties which have an option to withdraw, a resolution adopted by the coun-
ty legislature providing for  a  public  transportation  plan.  For  the
purposes  of  this  section, a "public transportation plan" shall mean a
plan  that  maintains  adequate  and  continuous  public  transportation
services  from  the  withdrawing  county  to the city of New York or any
terminus previously served, provides a reasonable level of rail  passen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15054-01-9

A. 9379                             2

ger service, provides a schedule for implementing such service, protects
the  public  investment  in the rail transportation system and any other
criteria deemed necessary by the commissioner  of  transportation.  SUCH
PUBLIC  TRANSPORTATION  PLAN  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, AN
AGREEMENT BY WHICH SUCH COUNTY SHALL BE ENTITLED TO LEASE THE FACILITIES
AND SERVICES COMPRISING SUCH RAIL TRANSPORTATION SYSTEM AT  FAIR  MARKET
VALUE  AND UNDER SUCH TERMS AND CONDITIONS TO BE DETERMINED AS SET FORTH
IN SUBDIVISION SIX OF THIS SECTION. Prior to withdrawal pursuant to this
paragraph or paragraph (b) of this subdivision, a  county  must  receive
approval  of its public transportation plan pursuant to paragraph (c) of
this subdivision, (iii)  on  or  before  December  fifteenth,  [nineteen
hundred eighty-six] TWO THOUSAND TEN, furnish the commissioner of trans-
portation,  a  copy of an agreement with the authority or an operator of
rail passenger service for the provision of rail  passenger  service  to
and from such county and the city of New York or any terminus previously
served.  IF  SUCH  AGREEMENT  HAS  NOT  BEEN CONCLUDED BY THE RESPECTIVE
PARTIES, AND A PARTY HAS EXERCISED ITS RIGHTS  PURSUANT  TO  SUBDIVISION
SIX  OF THIS SECTION, THE APPROVAL OF THE COMMISSIONER OF TRANSPORTATION
SHALL NOT BE REQUIRED AND THE AGREEMENT OR ORDER SET FORTH  IN  SUBDIVI-
SION  SIX  OF  THIS SECTION, SHALL DETERMINE THE TERMS AND CONDITIONS OF
SUCH WITHDRAWAL. If a county planning to  withdraw  on  [January]  APRIL
first,  [nineteen hundred eighty-seven] TWO THOUSAND ELEVEN is unable to
withdraw because it could not meet the requirements of  this  paragraph,
it  may  elect to withdraw pursuant to paragraph (b) of this subdivision
hereafter.
  (b) January first, [nineteen hundred eighty-eight] TWO THOUSAND TWELVE
or January first, [nineteen hundred eighty-nine] TWO THOUSAND  THIRTEEN.
If  any such county plans to withdraw on either January first, [nineteen
hundred eighty-eight] TWO THOUSAND TWELVE or  January  first,  [nineteen
hundred  eighty-nine]  TWO THOUSAND THIRTEEN, it shall (i) no later than
ninety days after the first of January of the year immediately preceding
the year in which such county  plans  to  withdraw  from  the  district,
furnish the commissioner of transportation, the chairman of the authori-
ty and the other counties which have an option to withdraw, a resolution
adopted by the county legislature providing notice of intent to withdraw
from  the district, (ii) no later than one hundred twenty days after the
first of January of the year immediately preceding  the  year  in  which
such  county  plans to withdraw from the district furnish to the commis-
sioner of transportation, the chairman of the authority and the counties
which have an option to withdraw a  resolution  adopted  by  the  county
legislature  providing a public transportation plan as described in this
section, (iii) on or  before  October  first  of  the  year  immediately
preceding  the  year  in  which  such  county plans to withdraw from the
district, furnish to the commissioner a copy of an  agreement  with  the
authority  or an operator of rail passenger service for the provision of
rail passenger service to and from such county and the city of New  York
or  any  terminus  previously  served.  IF  SUCH  AGREEMENT HAS NOT BEEN
CONCLUDED BY THE RESPECTIVE PARTIES,  AND  A  PARTY  HAS  EXERCISED  ITS
RIGHTS  PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE APPROVAL OF THE
COMMISSIONER OF TRANSPORTATION SHALL NOT BE REQUIRED AND  THE  AGREEMENT
OR ORDER SET FORTH IN SUCH SUBDIVISION SIX SHALL DETERMINE THE TERMS AND
CONDITIONS OF SUCH WITHDRAWAL.
  (c)  No later than thirty days after receipt of the public transporta-
tion plan the commissioner of transportation shall, in  writing,  either
approve  such  plan  as  conforming  with  the  requirements  heretofore
described or disapprove such plan as failing to meet  such  requirements

A. 9379                             3

and  the  reasons  therefor.  Disapproval of a plan shall not prohibit a
county from resubmitting a public transportation plan and such resubmit-
ted plan shall be approved or disapproved no  later  than  fifteen  days
after  receipt  by the commissioner of transportation. The public trans-
portation plan shall be subject to any state or federal  public  hearing
requirements  which  the  authority would be subject to if the authority
made the changes proposed by such plan.
  (d) Any such county which plans to withdraw  from  the  district  must
meet  the  requirements  of  this section prior to the effective date of
withdrawal, and no withdrawal for the purposes  of  this  section  shall
take  effect  unless such county furnishes the resolutions and agreement
prior to the effective date of withdrawal.
  2. The authority and any subsidiary corporation of the authority shall
enter into an agreement or agreements with a county that plans to  with-
draw from the district to transfer and assign to such county all author-
ity  and subsidiary railroad facilities and operations, rights and obli-
gations,  and  contract  rights  and  obligations,  including  operating
contract  rights  and obligations, which are owned, operated, maintained
or used directly or by contract or which are otherwise involved  in  the
provision  of  railroad  services to such counties. Such agreement shall
provide, in the event a facility,  operation,  right  or  obligation  is
necessary and material to the provision of rail passenger service in the
district  or  is  not  assignable  under  applicable  bond  covenants or
contracts or the parties agree that it should not be assigned, that  the
authority  or subsidiary thereof shall continue to hold and be responsi-
ble for such facility, operation, right  or  obligation  and  that  such
county  shall reimburse to the authority that portion of the cost to the
authority or subsidiary of its retention of  such  facility,  operation,
right  or  obligation  that is allocable [to] WITHIN such county. If the
parties agree that the authority or subsidiary thereof shall operate the
railroad facilities in a county after the effective date of  such  coun-
ty's  withdrawal,  the  agreement  also  shall provide for the terms and
conditions of the operation of such service.
  3. Within forty-five days of the effective date of this  section,  the
authority  and any subsidiary corporation of the authority shall provide
to the counties of [Dutchess,] Orange and Rockland a written  statement,
including  cost  estimates  and  the  useful life, if any, of all of its
facilities, operations, rights and obligations relating to the provision
of rail service in such counties.
  4. The authority and any subsidiary corporation of  the  authority  is
authorized  to  enter into an agreement or agreements with a county that
plans to withdraw from the district, pursuant to which the authority  or
subsidiary  thereof  will  provide  technical  assistance to such county
prior to, during and after the withdrawal, with respect to the  transfer
of  ownership,  operation,  maintenance  and  use of railroad facilities
within such county. Such agreement may provide that the county reimburse
the authority or its subsidiary for the cost to the  authority  and  its
subsidiary for the provision of such technical assistance.
  5. The authority shall have no obligation to undertake or continue any
project  or  part  thereof  in  a current or future capital program plan
which pertains to railroad facilities within or  services  to  a  county
that withdraws from the district on or after such date of withdrawal nor
shall the authority enter into any contract for a project or part there-
of  which would increase liabilities pursuant to subdivision [six] SIX-A
of this section in a county after such county notifies the authority  of
its  intent  to withdraw as provided in subdivision one of this section,

A. 9379                             4

provided, however, that if the authority has executed a contract for the
effectuation of a project or part thereof in a capital program  plan  in
such  county,  it  shall  be  assigned to such county in accordance with
subdivision  two of this section, unless the parties agree that it shall
not be assigned and that the authority or its subsidiary shall  continue
to  be  responsible  therefor, in which event the county shall reimburse
the authority or its subsidiary in accordance  with  the  provisions  of
subdivision two of this section.
  6. SHOULD THE COUNTIES OF ORANGE OR ROCKLAND SEEK TO WITHDRAW FROM THE
DISTRICT  PURSUANT  TO  THIS SECTION, ANY SUCH COUNTY AND THE AUTHORITY,
AND/OR, IF APPROPRIATE ANY SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL
NEGOTIATE IN GOOD FAITH ANY AGREEMENT REQUIRED BY THIS SECTION FOR WITH-
DRAWAL FROM THE DISTRICT. SUCH NEGOTIATIONS  SHALL  COMMENCE  NOT  LATER
THAN  FIFTEEN  DAYS AFTER THE PUBLIC TRANSPORTATION PLAN PREPARED BY ANY
SUCH COUNTY HAS BEEN SUBMITTED BY SUCH COUNTY TO THE AUTHORITY,  AND/OR,
IF  APPROPRIATE,  A  SUBSIDIARY AUTHORITY. IN NO EVENT SHALL A COUNTY BE
REQUIRED TO NEGOTIATE WITH BOTH THE AUTHORITY AND A SUBSIDIARY  AUTHORI-
TY.  THE  NEGOTIATIONS  CONDUCTED BY AND THE ACTIONS OF THE AUTHORITY OR
SUBSIDIARY AUTHORITY SHALL BE BINDING. IF  AFTER  SIXTY  DAYS  FROM  THE
COMMENCEMENT OF SUCH NEGOTIATIONS OR AT ANY TIME THEREAFTER THE AUTHORI-
TY  OR  ANY  SUBSIDIARY  CORPORATION  OF  THE AUTHORITY AND A COUNTY ARE
UNABLE TO REACH AN AGREEMENT REQUIRED BY THIS  SECTION  FOR  SUCH  WITH-
DRAWAL,  EITHER  PARTY  MAY MAKE APPLICATION TO A JUSTICE OF THE SUPREME
COURT PRESIDING IN THE COUNTIES OF ORANGE OR ROCKLAND FOR APPOINTMENT OF
A SPECIAL REFEREE. EACH  PARTY  SHALL  SUBMIT  TO  THE  JUSTICE  A  LIST
CONTAINING  THE  NAMES  AND  QUALIFICATIONS  OF FIVE PERSONS TO SERVE AS
SPECIAL REFEREE. THE JUSTICE SHALL SELECT  ONE  PERSON  FROM  AMONG  THE
NAMES  SUBMITTED BY THE PARTIES TO SERVE AS SPECIAL REFEREE. THE SPECIAL
REFEREE SHALL MEDIATE THE NEGOTIATIONS FOR WITHDRAWAL FOR A PERIOD OF NO
LONGER THAN SIXTY DAYS. IF, AT THE END OF SAID  SIXTY  DAY  PERIOD,  THE
PARTIES  ARE  NOT  ABLE  TO  REACH AGREEMENT, THE SPECIAL REFEREE SHALL,
WITHIN THIRTY DAYS THEREAFTER, RECOMMEND THE TERMS OF THE WITHDRAWAL  TO
THE JUSTICE. THE JUSTICE SHALL REVIEW THE RECOMMENDATIONS OF THE REFEREE
AND  THE  POSITIONS  OF  THE  PARTIES  THEREON  AND SHALL ISSUE AN ORDER
SETTING FORTH THE TERMS OF THE WITHDRAWAL. NOTWITHSTANDING THE ENTRY  OF
SUCH  ORDER,  A  COUNTY  SHALL  HAVE FIFTEEN DAYS FROM THE ENTRY OF SUCH
ORDER TO TERMINATE SUCH PROCEEDING. UPON THE  TIMELY  EXERCISE  OF  SUCH
RIGHT TO TERMINATE, SUCH PROCEEDING SHALL BE DEEMED NULL AND VOID AND OF
NO FURTHER EFFECT. IF A COUNTY HAS NOT EXERCISED ITS RIGHT TO TERMINATE,
SAID  ORDER  SHALL BE SUBJECT TO APPELLATE REVIEW IN ACCORDANCE WITH THE
CIVIL PRACTICE LAW AND RULES, PROVIDED THAT ANY APPEAL  FROM  THE  ORDER
SHALL BE GRANTED EXPEDITED STATUS.
  6-A.  Any  county which withdraws from the district shall reimburse to
the authority or its subsidiary, within the time period agreed to by the
parties, any capital expenditures heretofore undertaken by the authority
or its subsidiary for railroad facilities only within such county  which
were financed by commuter railroad revenue bonds issued by the metropol-
itan  transportation authority pursuant to section twelve hundred sixty-
nine of this [article] TITLE and are assigned to such county in  accord-
ance with the provisions of subdivision two of this section.
  [7.] 6-B. The obligations of a county that withdraws from the district
to reimburse the authority and any subsidiary corporation of the author-
ity  for  the  costs  of  operation,  maintenance  and  use of passenger
stations pursuant to section twelve hundred seventy-seven of this [arti-
cle] TITLE, shall continue for any such costs incurred up to the  effec-
tive  date  of  the  county's withdrawal from the district and for costs

A. 9379                             5

incurred thereafter that result from acts preceding such withdrawal, and
the applicability of the  payment  provisions  and  procedures  of  such
section twelve hundred seventy-seven to such county shall continue ther-
eafter with respect to the aforesaid costs.
  [8.]  7.  In  the  event  of a county's failure to make payment of any
monies determined by the authority to be owed and due it or any  subsid-
iary corporation of the authority pursuant to the terms of any agreement
entered  into  pursuant  to this section, the authority is authorized to
recover such payments in the same manner as in  section  twelve  hundred
seventy-seven  of  this  [article] TITLE and the state comptroller shall
withhold and pay monies to the authority in accordance with  the  proce-
dures set forth in that section.
  [9.]  8. The term of office of any resident of a county that withdraws
from the district under this section, as a member of the  board  of  the
authority, the Metro-North rail commuter council or the management advi-
sory  board,  which is based upon residence in such county, shall termi-
nate upon the county's withdrawal and the office shall be deemed  vacant
and filled in the manner provided by law.
  [10.]  9. The provisions of this section and all agreements undertaken
in accordance herewith shall be subject to the rights of the holders  of
any outstanding bonds or notes issued by the authority.
  S 2. This act shall take effect immediately.

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