Bill Text: NY S00352 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires legislative approval of any increased fees, rental or charges for the use of the thruway; provides that any shortfalls in revenue resulting from a denied proposal shall be made whole by the general fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-09 - REFERRED TO TRANSPORTATION [S00352 Detail]

Download: New_York-2019-S00352-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           352
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. TEDISCO -- 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  requiring
          legislative approval of increases in fees, rentals and charges for the
          use of the thruway system
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 8 of section 354 of the public authorities law,
     2  as amended by section 2 of part TT of chapter 54 of the laws of 2016, is
     3  amended and a new subdivision 8-a is added to read as follows:
     4    8. Subject to agreements with noteholders or bondholders and  legisla-
     5  tive  approval  pursuant  to subdivision eight-a of this section, to fix
     6  and collect such fees, rentals and charges for the use of the thruway or
     7  any part thereof necessary or convenient, with  an  adequate  margin  of
     8  safety, to produce sufficient revenue to meet the expense of maintenance
     9  and  operation  and to fulfill the terms of any agreements made with the
    10  holders of its notes or bonds, and to establish the  rights  and  privi-
    11  leges  granted  upon  payment thereof; provided, however, that tolls may
    12  only be imposed for the  passage  through  locks  and  lift  bridges  by
    13  vessels which are propelled in whole or in part by mechanical power; and
    14  provided  further  that  no tolls shall be imposed or collected prior to
    15  the first day of April, nineteen hundred ninety-three.
    16    8-a. The authority shall submit a written report to the legislature at
    17  least one hundred eighty days  prior  to  the  date  when  any  proposed
    18  increase  in fees, rentals and charges for the use of the thruway system
    19  is scheduled to take effect. Such report shall include justification for
    20  the proposed increase, and information setting forth the current  finan-
    21  cial  condition  of the authority. The legislature may require any addi-
    22  tional data or information that it deems necessary in such report.    If
    23  the  legislature,  or the appropriate committees thereof, upon review of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05175-01-9

        S. 352                              2
     1  the report submitted to it by the authority,  finds  that  the  proposed
     2  increases  are not convenient or necessary to produce sufficient revenue
     3  to meet the expense  of  maintenance  and  operation  of  infrastructure
     4  existing  prior to any proposed increase then no proposed increase shall
     5  take effect until approved by a majority  vote  of  each  house  of  the
     6  legislature.   Provided, however, that legislative approval shall not be
     7  required to fix and collect such fees, rentals and charges for  the  use
     8  of the thruway system or any part thereof, to produce sufficient revenue
     9  to  fulfill  the  terms of any agreements, formed prior to the effective
    10  date of this subdivision, with the holders of its notes or bonds.
    11    § 2. Severability. If any clause, sentence, paragraph, section or part
    12  of this act shall be adjudged by any court of competent jurisdiction  to
    13  be  invalid,  such  judgment  shall not affect, impair or invalidate the
    14  remainder thereof, but shall be confined in its operation to the clause,
    15  sentence, paragraph, section or part thereof directly  involved  in  the
    16  controversy in which such judgment shall have been rendered.
    17    § 3. This act shall take effect immediately.
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