Bill Text: NY A03992 | 2017-2018 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2018-01-03 - referred to corporations, authorities and commissions [A03992 Detail]

Download: New_York-2017-A03992-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3992
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced  by  M.  of A. ROSENTHAL, GLICK, GOTTFRIED, COLTON, DINOWITZ,
          PAULIN, JAFFEE, ENGLEBRIGHT -- Multi-Sponsored by -- M. of  A.  GALEF,
          PERRY  --  read  once  and  referred to the Committee on Corporations,
          Authorities and Commissions
        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:
     1    Section 1. Subdivisions 3 and 11 of section 1266 of the public author-
     2  ities law, subdivision 3 as amended and subdivision 11 as added by chap-
     3  ter 314 of the laws of 1981, are amended to read as follows:
     4    3. The authority may establish, levy and collect or cause to be estab-
     5  lished,  levied  and  collected  and,  in  the  case  of a joint service
     6  arrangement, join with others in the establishment, levy and  collection
     7  of  such  fares, tolls, rentals, rates, charges and other fees as it may
     8  deem necessary, convenient or desirable for the use and operation of any
     9  transportation facility and related services operated by  the  authority
    10  or by a subsidiary corporation of the authority or under contract, lease
    11  or  other  arrangement,  including  joint service arrangements, with the
    12  authority. Any such fares, tolls, rentals, rates, charges or other  fees
    13  for  the  transportation  of passengers shall be established and changed
    14  only if approved by resolution of the authority adopted by not less than
    15  a majority vote of the whole number of members of the authority then  in
    16  office,  with  the chairman having one additional vote in the event of a
    17  tie vote, and only after a public hearing, provided however, that fares,
    18  tolls, rentals, rates, charges or other fees for the  transportation  of
    19  passengers  on  any  transportation  facility which are in effect at the
    20  time that the then owner  of  such  transportation  facility  becomes  a
    21  subsidiary corporation of the authority or at the time that operation of
    22  such  transportation  facility  is  commenced  by  the  authority  or is
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05331-01-7
        A. 3992                             2
     1  commenced under contract, lease or other  arrangement,  including  joint
     2  service  arrangements,  with  the  authority  may be continued in effect
     3  without such a hearing. Such fares, tolls, rentals, rates,  charges  and
     4  other  fees shall be established as may in the judgment of the authority
     5  be necessary to maintain the combined operations of  the  authority  and
     6  its  subsidiary  corporations on a self-sustaining basis. The said oper-
     7  ations shall be deemed to be on a self-sustaining basis as  required  by
     8  this  title,  when the authority is able to pay or cause to be paid from
     9  revenue and any other  funds  or  property  actually  available  to  the
    10  authority  and  its subsidiary corporations (a) as the same shall become
    11  due, the principal of and interest on the  bonds  and  notes  and  other
    12  obligations  of  the  authority  and  of  such  subsidiary corporations,
    13  together with the maintenance of proper reserves therefor, (b) the  cost
    14  and  expense  of  keeping the properties and assets of the authority and
    15  its subsidiary corporations in good condition and repair,  and  (c)  the
    16  capital  and  operating  expenses  of  the  authority and its subsidiary
    17  corporations. The authority may contract with the holders of  bonds  and
    18  notes  with  respect  to  the  exercise of the powers authorized by this
    19  section. [No acts or activities taken or proposed to  be  taken  by  the
    20  authority  or any subsidiary of the authority pursuant to the provisions
    21  of this subdivision shall be deemed to be "actions" for the purposes  or
    22  within  the  meaning  of article eight of the environmental conservation
    23  law.]
    24    11. No project to be constructed upon real property  theretofore  used
    25  for  a  transportation  purpose, or on an insubstantial addition to such
    26  property contiguous thereto, which will not change in a material respect
    27  the general character of such prior transportation use, nor any acts  or
    28  activities  in  connection  with  such  project, shall be subject to the
    29  provisions of article [eight,] nineteen, twenty-four or  twenty-five  of
    30  the  environmental  conservation  law,  or to any local law or ordinance
    31  adopted pursuant to any such article. [Nor shall any acts or  activities
    32  taken or proposed to be taken by the authority or by any other person or
    33  entity,  public  or  private,  in  connection with the planning, design,
    34  acquisition, improvement, construction, reconstruction or rehabilitation
    35  of a transportation facility, other than a marine or aviation  facility,
    36  be  subject  to  the  provisions  of  article eight of the environmental
    37  conservation law, or to any local law or ordinance adopted  pursuant  to
    38  any such article if such acts or activities require the preparation of a
    39  statement  under  or pursuant to any federal law or regulation as to the
    40  environmental impact thereof.]
    41    § 2. This act shall take effect immediately.