Bill Text: NY A06014 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the New York city charter and the public authorities law, in relation to the jurisdiction of the fire department over the metropolitan transportation authority

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A06014 Detail]

Download: New_York-2009-A06014-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6014
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 24, 2009
                                      ___________
       Introduced  by  M. of A. GOTTFRIED, ESPAILLAT, COLTON, NOLAN, PHEFFER --
         Multi-Sponsored by -- M. of A. ABBATE,  CLARK,  COOK,  GLICK,  JACOBS,
         MAYERSOHN,  MILLMAN, SEMINERIO, TOWNS -- read once and referred to the
         Committee on Corporations, Authorities and Commissions
       AN ACT to amend the New York city charter  and  the  public  authorities
         law,  in  relation to the jurisdiction of the fire department over the
         metropolitan transportation authority
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The opening paragraph and the closing paragraph of section
    2  488 of the New York city charter are designated   subdivisions a  and  b
    3  and a new subdivision c is added to read as follows:
    4    C.  NOTWITHSTANDING  ANY CONTRARY PROVISION OF STATE OR LOCAL LAW, THE
    5  JURISDICTION OF THE COMMISSIONER UNDER THIS SECTION, AND THE APPLICATION
    6  OF THE LAWS, RULES AND REGULATIONS  THAT  ARE  TO  BE  ENFORCED  BY  THE
    7  COMMISSIONER UNDER THIS SECTION, SHALL EXTEND TO THE METROPOLITAN TRANS-
    8  PORTATION AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, ANY SUBSIDIARY
    9  OF  EITHER AUTHORITY, AND ANY FACILITIES OWNED, OPERATED, OR USED BY ANY
   10  OF THEM, WITHIN THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT  UNDER  NO
   11  CIRCUMSTANCES SHALL THE COMMISSIONER HAVE JURISDICTION OVER OR APPLY THE
   12  LAWS,  RULES AND REGULATIONS THAT ARE TO BE ENFORCED BY THE COMMISSIONER
   13  UNDER THIS SECTION WITH RESPECT TO THE OPERATION OR USE  OF  LOCOMOTIVES
   14  EQUIPPED WITH DIESEL FUELED ENGINES THAT ARE OPERATED BY THE LONG ISLAND
   15  RAIL  ROAD  OR METRO NORTH COMMUTER RAILROAD OVER ANY RIGHT OF WAY OWNED
   16  BY, LEASED TO, OR OTHERWISE  UTILIZED  BY  SUCH  RAILROADS  PURSUANT  TO
   17  AGREEMENTS  WITH  OTHER  RAILROADS.  SUBJECT TO OTHER PROVISIONS OF LAW,
   18  THIS CHARTER AND LOCAL LAW, THE COMMISSIONER MAY, BY REGULATION,  MODIFY
   19  OR WAIVE THE APPLICATION OF ANY SUCH LAW OR REGULATION UNDER THIS SUBDI-
   20  VISION.  THE COMMISSIONER MAY ALSO, BY AGREEMENT WITH ANY SUCH AUTHORITY
   21  OR SUBSIDIARY, PROVIDE SUCH MODIFICATION OR WAIVER OR  OTHER  PROVISIONS
   22  RELATING  TO RESPONSIBILITY FOR FIRE SAFETY OR PREVENTION CONCERNING THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00787-01-9
       A. 6014                             2
    1  FACILITIES OF THE AUTHORITY OR SUBSIDIARY. ANY SUCH MODIFICATION, WAIVER
    2  OR AGREEMENT SHALL BE MADE UPON FINDINGS BY THE COMMISSIONER THAT IT  IS
    3  REASONABLY  NECESSARY  FOR  THE EFFICIENT AND EFFECTIVE OPERATION OF THE
    4  APPROPRIATE   AUTHORITY   OR  SUBSIDIARY  AND  IS  CONSISTENT  WITH  THE
    5  PROTECTION OF THE PUBLIC HEALTH, SAFETY AND  WELFARE.  THE  COMMISSIONER
    6  SHALL STUDY THE APPLICATION OF SUCH LAWS AND REGULATIONS TO THE AUTHORI-
    7  TIES,  SUBSIDIARIES AND FACILITIES, IN CONSULTATION WITH THE AUTHORITIES
    8  AND SUBSIDIARIES, AND MAY, FROM TIME TO TIME MAKE RECOMMENDATIONS TO THE
    9  MAYOR AND THE COUNCIL CONCERNING AMENDMENTS  TO  THIS  CHARTER  AND  THE
   10  ADMINISTRATIVE CODE RELATING THERETO.
   11    S  2.  The  public  authorities law is amended by adding a new section
   12  1277-b to read as follows:
   13    S 1277-B. JURISDICTION OF THE NEW YORK CITY FIRE DEPARTMENT.  NOTWITH-
   14  STANDING ANY CONTRARY PROVISION OF LAW, THE  JURISDICTION  OF  THE  FIRE
   15  COMMISSIONER  OF  THE CITY OF NEW YORK, AND THE APPLICATION OF THE LAWS,
   16  RULES AND REGULATIONS THAT ARE TO BE ENFORCED BY THE COMMISSIONER  UNDER
   17  SECTION  FOUR  HUNDRED  EIGHTY-EIGHT OF THE NEW YORK CITY CHARTER, SHALL
   18  EXTEND TO THE METROPOLITAN TRANSPORTATION AUTHORITY, THE NEW  YORK  CITY
   19  TRANSIT  AUTHORITY,  ANY SUBSIDIARY OF EITHER AUTHORITY, AND ANY FACILI-
   20  TIES OWNED, OPERATED OR USED BY ANY OF THEM,  WITHIN  THE  CITY  OF  NEW
   21  YORK, TO THE EXTENT AND AS PROVIDED IN THAT SECTION.
   22    S  3. This act shall take effect one year after it shall have become a
   23  law.