Bill Text: NY A06203 | 2019-2020 | General Assembly | Introduced

Bill Title: Relates to public hearings prior to fee or rate increases by the metropolitan transportation authority; requires hearings in each county where a fee or rate increase has an impact.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2019-03-04 - referred to corporations, authorities and commissions [A06203 Detail]

Download: New_York-2019-A06203-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
        Introduced  by M. of A. CRESPO -- Multi-Sponsored by -- M. of A. ARROYO,
          ORTIZ, RIVERA, RODRIGUEZ -- read once and referred to the Committee on
          Corporations, Authorities and Commissions
        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:
     1    Section 1. Subdivision 3 of section 1266  of  the  public  authorities
     2  law,  as  amended by chapter 314 of the laws of 1981, is amended to read
     3  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, the parking of  vehicles,  or  any
    14  other  service  if  the establishment of or increase in charges for such
    15  other service would represent a significant increase in the overall cost
    16  of the use of transportation services shall be established  and  changed
    17  only if approved by resolution of the authority adopted by not less than
    18  a  majority vote of the whole number of members of the authority then in
    19  office, with the chairman having one additional vote in the event  of  a
    20  tie vote, and only after a public hearing, provided however, that fares,
    21  tolls,  rentals,  rates, charges or other fees for the transportation of
    22  passengers on any transportation facility, the parking  of  vehicles  or
    23  other  services  which  are in effect at the time that the then owner of
    24  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.

        A. 6203                             2
     1  authority  or at the time that operation of such transportation facility
     2  is commenced by the authority or is commenced under contract,  lease  or
     3  other  arrangement,  including  joint  service  arrangements,  with  the
     4  authority  may be continued in effect without such a hearing. Any public
     5  hearings required by this subdivision shall be held in such locations in
     6  the metropolitan commuter transportation district  as  shall  afford  an
     7  opportunity  to  be  heard  to  such  person  as  may be affected by the
     8  proposed charges. Such fares, tolls, rentals, rates, charges  and  other
     9  fees  shall  be  established  as may in the judgment of the authority be
    10  necessary to maintain the combined operations of the authority  and  its
    11  subsidiary  corporations on a self-sustaining basis. The said operations
    12  shall be deemed to be on a self-sustaining basis  as  required  by  this
    13  title, when the authority is able to pay or cause to be paid from reven-
    14  ue  and  any other funds or property actually available to the authority
    15  and its subsidiary corporations (a) as the same shall  become  due,  the
    16  principal  of  and interest on the bonds and notes and other obligations
    17  of the authority and of such subsidiary corporations, together with  the
    18  maintenance  of  proper  reserves  therefor, (b) the cost and expense of
    19  keeping the properties and assets of the authority  and  its  subsidiary
    20  corporations in good condition and repair, and (c) the capital and oper-
    21  ating  expenses  of  the  authority and its subsidiary corporations. The
    22  authority may contract with the holders of bonds and notes with  respect
    23  to  the  exercise  of  the powers authorized by this section. No acts or
    24  activities taken or proposed to be taken by the authority or any subsid-
    25  iary of the authority pursuant to the  provisions  of  this  subdivision
    26  shall  be  deemed to be "actions" for the purposes or within the meaning
    27  of article eight of the environmental conservation law.
    28    § 2.  This act shall take effect on the thirtieth day after  it  shall
    29  have become a law.