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HomeMy WebLinkAboutPeconic Bay Regional Transportation Authority THE SENATE STATE OF NEW YORK t~- KENNETH P LAVALLE 18wRT1, COUNTRYROAD SENATOR MOUSTSIINAI. NEwYORK 11966 16,114]3-1961 I ST SENATE District CHAIRMAN, MAJORITY CONFERENCE CHAIRMAN COMMITTEE ON HIGHER EDUCATION RECEIVED '~.R~ .L II .J~IMI January 15, 2014 Southold Town Clerk Elizabeth A. Neville, Clerk Town of Southold 53095 Main Road-P.O. Box 1179 Southold. New York 11971 Dear Ms. Neville: Constitutional provisions mandate that certain bills require a Home Rule Request before the Legislature can act upon them S.1782/A.1329 is one such bill. We respectfully request that your office assist us in having the enclosed forms completed and returned to the Home Rule Counsel's Office, the State Capitol, Albany. New York, 12247. (Please see reverse side of Home Rule Request forms for more specific instructions.) Your prompt attention to this request is most appreciated. Sincerely yours, enneth . aValle Enclosures o~oguFFOt~-~o ELIZABETH A. NEVILLE, MMC ~~Gy Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 W Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p . Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1500 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 2014 goo3 311o o0ol 19549 3y9g, CERTIFIED MAIL RETURN RECEIPT REQUESTED Home Rule Counsel Assembly Post Office The Capitol Albany, NY 12224 Dear Sir: Transmitted herewith are two (2) copies of a Home Rule Request from the Southold Town requesting the enactment of Assembly Bill A.1329 and two (2) copies of Home Rule Request from the Southold Town Board requesting the enactment of Senate Bill S.1782. Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held January 28, 2014. Very truly yours, 0 oz~w ' Elizabeth A. Neville Southold Town Clerk /Imr Enclosures Cc: Senator LaValle Assemblyman Thiele 6 U.S. Postal Service,,, nl nl CERTIFIED MAIL,. RECEIPT a_•~ Er Er (Domestic Mail Only; No Insurance Coverage Provided) M m USE Er 11- FFtG -M-0 1hA CD .o Poe age $ Ln Cerg Fes CM 0 tka PossnarR O D 0 C3 (ErsloRrssjrieni flaqulreFee O) Here O . O Rovhk I*'-'y Fes s rq r•9 (:,d. ..d flequtrs0) q ra rn' m Total Postage 8 Fees $ mm p, p o E3 E3 Home Rule Counsel,-- Assembl-y_PO_--_------ r• r- 9RW4AjWWK "POea.no- The Capitol crosmmnP Alban , NY 12224 `r. r n ,ry r~rxt , t 1h1 - ,y s x{ Flo p"4; } t~ 1 ff I v4 71103 3110 001 8549 3492 p JIM SAM o~~gUFFO(,~-~,O Town ELIZABETH A. NEVILLE, MMC hZ. Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 H L Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p Fax (631) 765-6145 MARRIAGE OFFICER y~ Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 10, 2014 U03 3110 cool Q549 3 G ?S CERTIFIED MAIL RETURN RECEIPT REQUESTED Home Rule Counsel Senate Post Office The Capitol Albany, NY 12224 Dear Sir: Transmitted herewith are two (2) copies of a Home Rule Request from the Southold Town requesting the enactment of Senate Bill 5.1782 and two (2) copies of Home Rule Request from the Southold Town Board requesting the enactment of Assembly Bill A.1329 . Also enclosed is a certified copy of the resolution which was passed by the Southold Town Board at its meeting held January 28, 2014. Very truly yours, Elizabeth A. Neville Southold Town Clerk Amr Enclosures Cc: Senator LaValle Assemblyman Thiele i SENDER: coPqPLFrF THIS SECTION IN ON DELIVEP~ I IN cc*01ete ttems 1, 2 ,..and 9: Also cam A. Signature ; , hem dif IVaestdcted D®INery is desired. O i ¦ Print your name and address on the reverse x C3 Addressee so that we can return the card toyou. 1 B. Received by (Printed Name) C. Date of Delivery r I ¦ Attach this card to the (iaeK•of the mailpiece, - I. or on the front If space permits. S X )9-9- I I I . Article Addressed to: D.IsdelWwyaddr*sAferentliixntt"amt? ?Yes i If YES, enter deliveryaddress tlaidw, ? No I I Home Rule Counsel I 'S'enate Post Office i The Capitol I Albany, NY 12224. j I 3. I ~ CPirreured M911 ' I 4. t1es61cted 4eI I ? r~F I is NuEnber 7003 3110 ~P'§ 11 r-etiruaryzooa.. ~°nii~ei Postal In Ln CERTIFIED MAIL. ' RECEIPT tnto (Domestic I m m C~1a1111f11TJll4lAi411f1I!!!Pgllll!!!7~ L -21 OFFICIAL USE -0 Co Poetege $ C3 a C3 Cl Certllied Fee "r o 0 Posonark ? l7 Rehm Redept F. Her (ErWOrsemen[ ReeWred)• C3 C3 Reatrbtee Delivery Fee r-1 rq (End oreemere Required) T T Total Postage a Fees $ M m M ? Sont To 0 o Home Rule Counsel Senate PO r' N §iW-A: iCTloi--------------------------- wPOearNO. -The-Capitol arySI",nP.a Alban NY 12224 RETRIEVE BILL Page 1 of 1 SPONSORS MEMO: NEW YORK STATE SENATE INTRODUCER'S MEMORANDUM IN SUPPORT submitted in accordance with Senate Rule VI. See 1 BILL NUMBER: 51782 SPONSOR: LAVALLE TITLE OF BILL: An act to amend the public authorities law, in relation to the creation of the Peconic Bay regional transportation authority PURPOSE OR GENERAL IDEA OF BILL: This bill would create the Peconic Bay Regional Transportation Authority. SUMMARY OF SPECIFIC PROVISIONS: Article 5 of the public authorities law is amended by adding a new title 11-E. JUSTIFICATION: The East End of Long Island possesses a unique infras- tructure and population. Local towns and residents have had a longstand- ing disappointment with the Long Island Rail Road and its inaction and inattentiveness to problems on the East End. It is the goal of this legislation to create a regional transportation authority that is famil- iar with and can concentrate on local, regional transportation matters. Its purpose will be the continuance, further development, and improve- ment of transportation and other related services. The Peconic Bay regional transportation district shall be comprised of the Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, South- ampton and Southold. The six members of the Authority would be the town supervisors (or their appointed designee) of each of these towns - one of which would be elected chairperson by the members. The Authority will be responsible for the preparation of a plan relating to the continuance, further development and improvement of transporta- tion and other related services of the District. The plan would discuss transportation alternatives including, but not limited to, creation of park and rail facilities, establishment of shuttle trains, addition of more nonstop trains from New York City to the Peconic Bay, and reconfig- uration of the county-wide bus system. PRIOR LEGISLATIVE HISTORY: 2011-12: A.1403A/S.1450A;Corporations, Authorities and Commissions Committee 2009-10: A.4665A/S.7036; Corpo- rations, Authorities and Commissions Committee 2007-08: A.1018; Corpo- rations, Authorities and Commissions Committee 2005-06: A.3318; Corpo- rations, Authorities and Commissions Committee 2003-04: A.9650; Corporations, Authorities and Commissions Committee FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect on the first day of January next succeeding the date on which it shall have become a law. http://leginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 ~gUfFO[,r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ELIZABETH A. NEVILLE, TOWN CLERK, MMC : 53095 MAIN ROAD P.O. BOX 1179 "'Rf Yaa SOUTHOLD, NEW YORK 11971 Assemblyman Fred W. Thiele, Jr 2302 Main Street PO Box 3062 Bridgehampton, NY 11932 yUFFO[,r^ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ELIZABETH A. NEVILLE, TOWN CLERK, MMC 53095 MAIN ROAD PO. BOX 1179 '"4f , 1'sa SOUTHOLD, NEW YORK 11971 Senator Kenneth LaValle 28 N Country Road, Suite 203 Mount Sinai, NY 11766 RETRIEVE Page 1 of 22 BILL TEXT: STATE OF NEW YORK S. 1782 A. 1329 2013-2014 Regular Sessions SENATE - ASSEMBLY (Prefiled) January 9, 2013 IN SENATE Introduced by Sen. LAVALLE read twice and ordered print- ed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions IN ASSEMBLY Introduced by M. of A. THIELE Multi-Sponsored by M. of A. ENGLEBRIGHT read once and referred to the Committee on Corpo- rations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to the creation of the Peconic Bay regional transportation authority The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 5 of the public authorities law is amended by 2 adding a new title 11-E to read as follows: 3 TITLE 11-E 4 PECONIC BAY REGIONAL TRANSPORTATION AUTHORITY 5 Section 1349-a. Short title. 6 .1349-b. Definitions. 7 1349-c. Peconic Bay regional transportation district. 8 1349-d. Peconic Bay regional transportation authority. 9 1349-e. Purposes of the authority. 10 1349-f. Formulation, filing and adoption of master plan; amend- 11 ments. 12 1349-g. Filing five year performance, capital and operating 13 finance plans. 14 1349-h. General powers of the authority. 15 1349-i. Special powers of the authority. 16 1349-j. Acquisition and disposition of real property. 17 - 1349-k. Cooperation and assistance of other agencies. 18 1349-1. Notes and bonds of the authority. 19 1349-m. Reserve funds and appropriations. EXPLANATION--Matter in italics (underscored) is new; matter in brackets is old law to be omitted. LBDO1622-01-3 http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 2 of 22 S. 1782 2 A. 1329 1 1349-n. Agreement of the state. 2 1349-o. Right of state to require redemption of bonds. 3 1349-p. Remedies of noteholders and bondholders. 4 1349-q. Notes and bonds as legal investment. 5 1349-r. Exemption from taxation. 6 1349-s. Actions against the authority. 7 1349-t. Agreements relating to payment in lieu of taxes. 8 1349-u. Interest of members or employees of authority in 9 contracts prohibited. 10 1349-v. Fiscal year. 11 1349-w. Consent by the state. 12 1349-x. Separability. 13 1349-y. Effect of inconsistent provisions. 14 § 1349-a. Short title. This title may be cited as the "Peconic Bay 15 Regional Transportation Authority Act". 16 § 1349-b. Definitions. As used or referred to in this title, unless a 17 different meaning clearly appears from the context: 18 1. "Authority" shall mean the corporation created by section thirteen 19 hundred forty-nine-d of this title. 20 2. "Transportation district" and "district" shall mean the Peconic Bay 21 regional transportation district created by section thirteen hundred 22 forty-nine-c of this title. 23 3. "Participating town" shall mean any of the towns defined in section 24 thirteen hundred forty-nine-c of this title. 25 4. "Federal government" shall mean the United States of America, and 26 any officer, department, board, commission, bureau, division, corpo- 27 ration, agency or instrumentality thereof. 28 5. "Governor" shall mean the governor of the state of New York. 29 6. "Comptroller" shall mean the comptroller of the state of New York. 30 7. "Director of the budget" shall mean the director of the budget of 31 the state of New York. 32 B. "State" shall mean the state of New York. 33 9. "State agency" shall mean any officer, department, board, commis- 34 sion, bureau, division, public benefit corporation, agency or instrumen- 35 tality of the state. 36 10. "Municipality" shall mean a city, town, village or county not 37 wholly contained within a city. 38 11. "Municipal corporation" shall mean a city, town, village, county 39 not wholly contained within a city, special transportation district, 40 public benefit corporation or other public corporation, or two or more 41 of the foregoing acting jointly. 42 12. "Personal property" shall mean chattels and other tangible things 43 of a movable or removable nature. 44 13. "Property" shall mean both real and personal property. 45 14. "Master plan" shall mean an action plan for implementation of 46 improvements to such means of public transportation and related services 47 by omnibus, railroad and marine and aviation facilities as the authority 48 may contemplate within the Peconic Bay Regional Transportation District 49 to effectuate the purposes of this title. 50 15. "Joint service arrangement" shall mean agreements between or among 51 the authority and any common carrier or freight forwarder, the state 52 any state agency, the federal government, any other state or agency or 53 instrumentality thereof, any public authority of this or any other 54 state, or any political subdivision or municipality of the state relat- 55 ing to property buildings, structures, facilities, services, rates 56 fares classifications divisions allowances or charges (including http://leginfo.state.ny.us/ASMSEN/bstfnnel.cgi 1/15/2014 RETRIEVE Page 3 of 22 S. 1782 3 A. 1329 1 charges between operators of railroad, omnibus, marine and aviation 2 facilities), or rules or regulations pertaining thereto, for or in 3 connection with or incidental to transportation in part in or upon rail- 4 road, omnibus, marine or aviation facilities located within the district 5 and in part in or upon railroad, omnibus, marine or aviation facilities 6 located outside the district. 7 16. "Project" shall mean any undertaking by the authority within the 8 district including but not limited to port or harbor facilities, trans- 9 portation properties, access and service roads and bridges, equipment, 10 appurtenances, utilities, airport facilities and any other improvement 11 under authority jurisdiction within the regional district. 12 17. "Facility" shall mean, among other things, such properties, struc- 13 tures, appurtenances, utilities, terminals, wharfs, docks, piers, rail- 14 road trackage, warehouses, elevators, equipment for handling freight and 15 passengers and vehicles and such other works, properties, buildings or 16 allied items necessary or desirable in connection with development, 17 operation, maintenance or improvement of port, airport and public trans- 18 portation needs for the accommodation, safety or comfort of the public 19 and commercial enterprise for the regional transportation district. 20 18. "Equipment" shall mean rolling stock, omnibuses, vehicles, air, 21 marine or surface craft, motors, boilers, engines, and other instrumen- 22 talities used or useful therefor or in connection therewith. 23 19. "Omnibus facilities" shall mean motor vehicles, of the type oper- 24 ated by carriers subject to the jurisdiction of the public service 25 commission, engaged in the transportation of passengers and their 26 baggage, express and mail between points within the district or pursuant 27 to joint service arrangements, and equipment, property, buildings, 28 structures, improvements, loading or unloading areas, parking areas, 29 berthing facilities or other facilities, necessary, convenient or desir- 30 able for the accommodation of such motor vehicles or their passengers, 31 including but not limited to buildings, structures and areas notwith- 32 standing that portions may not be devoted to any omnibus purpose other 33 than the production of revenues available for the costs and expenses of 34 all or any facilities of the authority. 35 20. "Railroad facilities" shall mean right-of-way and related track- 36 age, rails, cars, locomotives, other rolling stock, signal, power, fuel, 37 communication and ventilation systems, power plants, stations, termi- 38 nals, storage yards, repair and maintenance shops, yards, equipment and 39 parts, offices and other real estate or personalty used or held for or 40 incidental to the operation, rehabilitation or improvement of any rail- 41 road operating or to operate between points within the district or 42 pursuant to joint service arrangements, including but not limited to 43 buildings, structures, and areas notwithstanding that portions thereof 44 may not be devoted to any railroad purpose other than the production of 45 revenues available for the costs and expenses of all or any facilities 46 of the authority. 47 21. "Real property" shall mean lands, structures, franchises and 48 interests in lands, waters, lands under water, riparian rights and any 49 and all things and rights included within said term and includes not 50 only fees simple absolute but also any and all lesser interests includ- 51 ing but not limited to easements, rights-of-way, uses, leases, licenses 52 and all other incorporeal hereditaments and every estate interest or 53 right, legal or equitable, including terms for years and liens thereon 54 by way of judgments, mortgages or otherwise. 55 22. "Marine and aviation facilities" shall mean equipment and craft 56 for the transportation of passengers, mail and cargo between points from http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 4 of 22 S. 1782 4 A. 1329 1 and to and within the district or pursuant to joint service arrange- 2 ments, by marine craft and aircraft of all types including but not 3 limited to hydrofoils, ferries, lighters, tugs, barges, helicopters, 4 amphibians, seaplanes or other contrivances now or hereafter used in 5 navigation or movement on waterways or in the navigation of or flight in 6 airspace. It shall also mean any airport facility within the transporta- 7 tion district, including but not limited to any facility or real proper- 8 ty necessary, convenient or desirable for the landing, taking off, 9 accommodation or servicing of such aircraft, and shall include such 10 facilities, property, structures and appurtenances as may be necessary 11 or convenient in the operation, maintenance, development or improvement 12 of airports including facilities, property, structures, and appurtenanc- 13 es, leased by the authority to persons, firms or corporations engaged in 14 air transportation or the production or development of materials, goods 15 or equipment for airports or air transportation or in providing facili- 16 ties for the accommodation, safety or comfort of the traveling public 17 and for purposes related or incidental to one or more of the foregoing 18 purposes. It shall also mean port facilities in the transportation 19 district including, but not limited to, (a) one or more docks, eleva- 20 tors, wharves, piers, bulkheads, slips, basins, harbors, railroad 21 connections, side tracks or sidings, freight terminals, warehouses, 22 bridges, tunnels, and areas for storage of cargoes, materials, goods, 23 wares, and merchandise of any kind and for the loading, unloading, 24 interchange or transfer of any such cargoes, materials, goods, wares and 25 merchandise; (b) other buildings, structures, facilities or improvements 26 necessary to accommodate steamships or other vessels and their cargoes 27 or passengers; and (c) all real and personal property, driveways, roads, 28 approaches, mechanical equipment and all appurtenances and facilities 29 either on, above or under the ground which are necessary, convenient or 30 desirable for the development, control and operation of port facilities 31 in the transportation district. 32 23. "Transportation facility" shall mean any railroad, omnibus, marine 33 or aviation facility and any person, firm, partnership, association or 34 corporation which owns, leases or operates any such facility or any 35 other facility used for service in the transportation of passengers, 36 United States mail or personal property as a common carrier for hire and 37 any portion thereof and the rights, leaseholds or other interest therein 38 together with routes, tracks, extensions, connections, parking lots, 39 garages, warehouses, yards, storage yards, maintenance and repair shops, 40 terminals, stations and other related facilities thereof, the devices, 41 appurtenances, and equipment thereof and power plants and other instru- 42 mentalities used or useful therefor or in connection therewith. 43 24. "Commissioner" shall mean commissioner of transportation of the 44 state of New York. 45 § 1349-c. Peconic Bay regional transportation district. There is here- 46 by created and established a transportation district to be known as the 47 Peconic Bay regional transportation district. This district shall 48 embrace the towns of Brookhaven, East Hampton, Riverhead, Shelter 49 Island, Southampton, and Southold in the county of Suffolk. The trans- 50 portation district shall also include all lands and water and all lands 51 under water and all rivers, bays and harbors, within any of the towns of 52 said district. 53 § 1349-d. Peconic Bay regional transportation authority. 1. There is 54 hereby created the Peconic Bay regional transportation authority. The 55 authority shall be a body corporate and politic constituting a public 56 benefit corporation. It shall consist of six members with one member http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 5 of 22 S. 1782 5 A. 1329 1 from each town in the regional transportation district. The town super- 2 visor of each town, or a designated representative appointed by the town 3 supervisor shall be a member. The members shall elect one of its members 4 as chairperson. 5 2. The members of the authority, including the chair, shall not 6 receive a salary or other compensation when rendering service as a 7 member of the authority or as a member of one of its subsidiary corpo- 8 rations, but shall be entitled to reimbursement for actual and necessary 9 expenses incurred in the performance of their official duties. 10 3. A majority of the whole number of votes of members of the authority 11 shall constitute a quorum for the transaction of business or the exer- 12 cise of any power of the authority. Except as otherwise specified in 13 this title, for the transaction of any business or the exercise of any 14 power of the authority, the authority shall have power to act by a 15 majority vote of the members present at any meeting at which a quorum is 16 in attendance. Each member of the authority shall have one vote. 17 4. The authority shall be a "state agency" for the purposes of 18 sections seventy-three and seventy-four of the public officers law. 19 5. The authority shall continue so long as it shall have bonds or 20 other obligations outstanding and until its existence shall be termi- 21 nated by law. Upon the termination of the existence of the authority, 22 all its rights and properties shall pass to and be vested in the state. 23 § 1349-e. Purposes of the authority. 1. The purposes of the authority 24 shall be the continuance, further development and improvement of trans- 25 portation and other services related thereto within the Peconic Bav 26 regional transportation district, by railroad, omnibus, marine and air, 27 in accordance with the provisions of this title. 28 2. It is hereby found and declared that such purposes are in all 29 respects for the benefit of the people of the state of New York and the 30 authority shall be regarded as performing an essential governmental 31 function in carrying out its purposes and in exercising the powers 32 granted by this title. 33 § 1349-f. Formulation, filing and adoption of master plan; amendments. 34 The authority shall formulate a master plan for transportation within 35 the district. In formulating such master plan, the authority shall 36 consult and cooperate with the commissioner and planning authorities in 37 the areas of its operations, and shall utilize state, local or regional 38 transportation planning. The authority shall request and use existing 39 studies, plans, surveys, data and other materials completed by or under 40 development by any state agency or municipality or political subdivision 41 of the state. The authority shall file copies of such plan with the 42 commissioner, the Suffolk county planning board, the town board of each 43 town within the regional transportation district, and the legislature of 44 the county of Suffolk. The plan shall contain information regarding the 45 transportation system that the authority intends to provide including 46 information regarding the facilities connected therewith, the services 47 the authority contemplates providing and the estimated costs and the 48 proposed method of financing. During sixty days after the filing of the 49 master plan with the commissioner, in the office of the Suffolk county 50 planning board, with the town boards of the towns within the regional 51 transportation district, and with the legislature of Suffolk county, as 52 aforesaid, said plan shall be available for public inspection at the 53 office or offices of the authority and at such other places in the towns 54 affected, within the district, as the authority may designate. Not 55 earlier than thirty days after the filing of said master plan with the 56 commissioner, the Suffolk county planning board, the town boards, and http://leginfo.state.ny.us/ASMSEN/bstfrnlel.cgi 1/15/2014 RETRIEVE Page 6 of 22 S. 1782 6 A. 1329 1 the legislature of Suffolk county, a public hearing on said plans shall 2 be held by the authority. Notice of such a hearing shall be given to 3 the commissioner, the Suffolk county planning board, the town boards, 4 and the legislature of the county of Suffolk, as aforesaid and by publi- 5 cation once a week for two weeks prior to the said hearing at the time 6 and place fixed by the authority in newspapers of general circulation 7 within the areas affected, to be selected by the authority. The last 8 publication date shall not be less than five days before said hearing. 9 Within thirty days following said public hearing, the authority shall 10 provide a transcript of such hearing to the commissioner, the Suffolk 11 county planning board, each town board, and the legislature of the coun- 12 ty of Suffolk as aforesaid, together with any amendments the authority 13 may propose to the master plan. The authority shall request approval of 14 the master plan, including such amendments as the authority may propose, 15 from each town board and the commissioner. Any part of said plan which 16 is disapproved by a town because it alters existing services or the 17 financing thereof within said town shall not become operative. This 18 disapproval of part or parts of the plan shall not make the entire plan 19 inoperative. Any part of said plan which is disapproved by the commis- 20 sioner because it conflicts with a state-wide comprehensive master plan 121 for transportation, or in the absence of such plans, would have an 22 adverse effect upon sound transportation development policy and plan- 23 ning, shall not become operative. If the said town boards fail to act 24 within said sixty days or in the case of the commissioner within forty 25 days after approval is requested, said failure shall be deemed approval, 26 and the authority may adopt the master plan by a majority vote of its 27 membership and may include changes, if any, recommended by the commis- 28 sioner, planning board or town board. The master plan may be amended 29 from time to time in the same manner using the procedures outlined in 30 this section for the original adoption, except that proposed changes 31 made by the authority upon recommendations of the commissioner, said 32 town boards or Suffolk county planning board in the first plan may be 33 embodied or continued by a majority vote of the authority without addi- 34 t_iona_l hearings thereon as required for the amendments proposed to be 35 made. 36 § 134.9-g. Filing five year performance, capital and operating finance 37 plans. 1. (a) On or before January first, two thousand fifteen, and 38 annually thereafter on or before January first, the authority shall 39 adopt an operational performance plan for the five-year period commenc- 40 ing January first. The plan shall set operational performance plan goals 41 and objectives, and shall establish performance indicators to measure 42 standards of service and operations. The performance indicators shall 43 include: revenue passengers, total passengers, revenue vehicle miles, 44 revenue vehicle hours, number of employees by department, vehicle mean 45 distance between failures, on-time performance for total service 46 provided the cost per passenger, the cost per revenue vehicle mile and 47 the operating-revenue-to-cost ratio. 48 (b) Quarterly reports shall be prepared for authority members on oper- 49 ating performance. The first such report shall cover the three-month 50 period commencing January first, two thousand fifteen and shall be 51 submitted no later than thirty days after the end of the quarter. There- 52 after, quarterly reports shall be submitted on the last day of January, 53 April, July, and October of each year. The report shall compare the 54 performance indicators for the most recent quarter and the year-to-date 55 performance indicators with the same time period in the previous year 56 with the annual goals established pursuant to this subdivision. http://Ieginfo.state.ny.us/ASMSEN/bstfrrnel.cgi 1/15/2014 RETRIEVE Page 7 of 22 S. 1782 7 A. 1329 1 2. (a) On or before January first, two thousand fifteen, and annually 2 thereafter on or before January first, the authority shall adopt a capi- 3 tal program plan for the five-year period commencing January first. The 4 plan shall contain the capital program, separately itemized. 5 (b) The plan shall set coals and objectives by function for capital 6 spending, establish standards for service and operation, describe each 7 capital project to be initiated in each of the years covered by the plan 8 and explain how each proposed project supports the goals and objectives 9 and the service and operational standards established in the performance 10 plan. The plan shall list separately by function those projects contrib- 11 uting to the maintenance of the system infrastructure and those intended 12 to enhance the system. The plan shall also include an estimated cost for 13 each project and set forth an estimate of the amount of capital funding 14 required for each year of the plan and the expected sources of such 15 funding. It shall also include a project schedule for the initiation and 16 completion of each project. Each plan subsequent to the first such plan 17 shall describe the current status of each capital project which has a 18 total estimated cost of one hundred thousand dollars or more and which 19 was included in the previously adopted plan. 20 (c) In addition to the annual update, a quarterly capital plan status 21 report shall be provided to the authority members and shall include, but 22 not be limited to, a description of any material change in the scope, 23 cost, funding or time of initiation or completion of a project which has 24 a total estimated cost of one hundred thousand dollars or more, as 25 adopted in the plan. The first such report shall cover the three-month 26 period commencing January first, two thousand fifteen and shall be 27 submitted no later than thirty days after the end of the quarter. There- 28 after, quarterly reports shall be submitted on the last day of January, 29 April, July, and October of each year. 30 3. (a) On or before January first, two thousand fifteen, and annually 31 thereafter on or before January first, the authority shall adopt an 32 operating finance plan for the five-year period commencing January 33 first. The plan shall include the annual estimated operating cost for 34 each function. The plan shall include the proposed method of financing 35 for the level of service defined for each year of the plan and shall 36 fully allocate the authority's general costs to each of the above sepa- 37 rate functions. The plan shall provide a narrative describing the over- 38 all financial condition of the operating budget of the authority. 39 (b) In addition to the annual update, quarterly operating budget 40 reports shall be prepared for the authority members on the financial 41 condition of each of the authority's functions. The first such report 42 shall cover the three-month period commencing January first, two thou- 43 sand fifteen and shall be submitted no later than thirty days after the 44 end of the quarter. Thereafter, quarterly reports shall be submitted on 45 the last day of January, April, July, and October of each year. The 46 reports shall include a budgetary comparison of the most recent quarter 47 and year-to-date actual revenue and expenditures with the same time 48 period in the previous year and with the projections for that time peri- 49 od based on the board approved budget. 50 4. Any and all reports, including interim reports, shall be submitted 51 to the director of the division of the budget, the commissioner and the 52 town board of each town within the regional transportation district, the 53 president and the temporary president of the senate and the speaker of 54 the assembly. 55 § 1349-h. General powers of the authority. 1. Except as otherwise 56 limited by this title, the authority shall have power: http://Ieginfo.state.ny.us/ASMSEN/hstfrmel.cgi 1/15/2014 RETRIEVE Page 8 of 22 S. 1782 8 A. 1329 1 (a) To sue and be sued; 2 (b) To have a seal and alter the same at pleasure; 3 (c) To borrow money and issue negotiable notes, bonds or other obli- 4 gations and to provide for the rights of the holders thereof; 5 (d) To invest any funds held in reserve or sinking funds, or any 6 monies not required for immediate use or disbursement, at the discretion 7 of the authority, in obligations of the state or the United States 8 government or obligations the principal and interest of which are guar- 9 anteed by the state or the United States government; or certificates of 10 deposit of banks or trust companies or in bank or trust accounts of 11 banks in this state, secured by obligations of the United States or of 12 the state of New York of a market value equal at all times to the amount 13 of the deposit; 14 (e) To make and alter by-laws for its organization and internal 15 management, and rules and regulations governing the exercise of its 16 powers and the fulfillment of its purposes under this title; 17 (f) To enter into contracts and leases and to execute all instruments 18 necessary or convenient; 19 (g) To acquire, hold and dispose of real or personal property in the 20 exercise of its powers; 21 (h) To appoint a general manager, who shall serve at the pleasure of 22 the authority, and such officers and employees that the authority may 23 require for the performance of its duties, and to fix and determine 24 their qualifications, duties, and compensation and to retain or employ 25 counsel, auditors, engineers and private consultants on a contract basis 26 or otherwise for rendering professional, management or technical 27 services and advice; such general manager, counsel, auditors, engineers, 28 and private consultants, officers and employees may not be a member of 29 the authority; 30 (i) (1) Notwithstanding section one hundred thirteen of the retirement 31 and social security law or any other general or special law, the author- 32 ity and any of its subsidiary corporations may continue or provide to 33 its affected officers and employees any retirement, disability, death or 34 other benefits provided or required for railroad personnel pursuant to 35 federal or state law. Notwithstanding any provisions of the civil 36 service law, no officer or employee of a subsidiary corporation, of the 37 authority, other than a public benefit subsidiary corporation, shall be 38 a public officer or a public employee; 39 (2) The authority and any of its public benefit subsidiary corpo- 40 rations may be a "participating employer" in the New York state employ- 41 ees, retirement system with respect to one or more classes of officers 42 and employees of such authority or any such public benefit subsidiary 43 corporation, as may be provided by resolution of such authority or any 44 such public benefit subsidiary corporation, as the case may be, or any 45 subsequent amendment thereof, filed with the comptroller and accepted by 46 him or her pursuant to section thirty-one of the retirement and social 47 security law. In taking any action pursuant to this paragraph, the 48 authority and any of its public benefit subsidiary corporations shall 49 consider the coverages and benefits continued or provided pursuant to 50 subparagraph one of this paragraph; 51 (j) To. make plans, surveys, and studies necessary, convenient or 52 desirable to the effectuation of the purposes and powers of the authori- 53 ty and to prepare recommendations in regard thereto; 54 (k) To enter upon such lands, waters or premises as in the judgment of 55 the authority may be necessary, convenient or desirable for the purpose 56 of making surveys, soundings, borings and examinations to accomplish any http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 9 of 22 S. 1782 9 A. 1329 1 purpose authorized by this title, the authority being liable for actual 2 damages done; 3 (1) The authority may conduct investigations and hearings in the 4 furtherance of its general purposes, and in aid thereof have access to 5 any books, records or papers relevant thereto; and if any person whose 6 testimony shall be required for the proper performance of the duties of 7 the authority shall fail or refuse to aid or assist the authority in the 8 conduct of any investigation or hearing, or to produce any relevant 9 books, records or other papers, the authority is authorized to apply for 10 process of subpoena, to issue out of any court of general original 11 jurisdiction whose process can reach such person, upon due cause shown; 12 (m) To do all things necessary, convenient or desirable to carry out 13 its purposes and for the exercise of the powers granted in this title; 14 (n) To enter into collective bargaining agreements with labor repre- 15 sentatives duly elected by the employees of the authority; and 16 (o) To insure or provide for the insurance of the authority's proper- 17 ty or operations as required by law and also against such other risks as 18 the authority may deem advisable. 19 2. The authority shall file in the office of the commissioner annual 20 reports, after the close of each of the authority's fiscal years, which 21 shall be open to public inspection. Such reports shall include, in addi- 22 tion to any information which the commissioner may require, a statement 23 with respect to its operations including the following data: 24 (a) Cost breakdown of real property acquired; 25 (b) Cost breakdown in appropriate units of facilities acquired; 26 (c) Operating revenues; and 27 (d) Operating expenses. 28 The authority shall also file copies of such reports with the town 29 board of each town within the regional transportation district where 30 such authority operates. 31 S 1349-i. Special powers of the authority. In order to effectuate the 32 purposes of this title: 33 1. The authority may acquire, by purchase, gift, grant, transfer, 34 contract or lease, or condemnation, any transportation facility, includ- 35 ing port or related facilities wholly or partially within the Peconic 36 Bay regional transportation district or any part thereof, or the use 37 thereof, and may enter into any joint service arrangements as provided 38 in this title. Any such acquisition or joint service arrangement shall 39 be authorized only by resolution of the authority approved by not less 40 than a majority vote of the authority. 41 2. The authority may on such terms and conditions as the authority may 42 determine necessary, convenient or desirable itself establish 43 construct, effectuate, operate, maintain, renovate, improve, extend or 44 repair any such transportation facility, or may provide for such estab- 45 lishment, construction, effectuation, operation, maintenance, reno- 46 vation, improvement, extension or repair by contract, lease or other 47 arrangement on such terms as the authority may deem necessary, conven- 48 ient or desirable with any person, including but not limited to any 49 common carrier or freight forwarder, the state, any state agency, the 50 federal government, any other state or agency or instrumentality there- 51 of, any public authority of this or any other state or any political 52 subdivision or municipality of the state. In connection with the opera- 53 tion of any such transportation facility, the authority may establish 54 construct, effectuate, operate, maintain, renovate, improve extend or 55 repair or may provide by contract, lease or other arrangement for the 56 establishment, construction, effectuation, operation, maintenance, reno- http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 'RETRIEVE Page 10 of 22 S. 1782 10 A. 1329 1 vation, improvement, extension or repair of any related services and 2 activities it deems necessary, convenient or desirable, including but 3 not limited to the transportation and storage of freight and the United 4 States mail, feeder and connecting transportation, parking areas, trans- 5 portation centers, ports, stations and related facilities. 6 3. The authority may establish, levy and collect or cause to be estab- 7 lished, levied and collected and, in the case of a joint service 8 arrangement, join with others in the establishment, levy and collection 9 of such fares, tolls, rentals, rates, charges and other fees as it may 10 deem necessary, convenient or desirable for the use and operation of any 11 transportation facility and related services operated by the authority 12 or by a subsidiary corporation of the authority or under contract, lease 13 or other arrangement, including joint service arrangements, with the 14 authority. Any such fares, tolls, rentals, rates, charges or other fees 15 for the transportation of passengers shall be established and changed 16 only if approved by resolution of the authority adopted by not less than 17 a majority vote of the authority and only after a public hearing, 18 provided however, that fares, tolls, rentals, rates, charges or other 19 fees for the transportation of passengers on any transportation facility 20 which are in effect at the time that the then owner of such transporta- 21 tion facility becomes a subsidiary corporation of the authority or at 22 the time that operation of such transportation facility is commenced by 23 the authority or is commenced under contract, lease or other arrangement 24 including joint service arrangements, with the authority may be contin- 25 ued in effect without such a hearing. Such fares, tolls, rentals, rates, 26 charges and other fees shall be established as may in the judgment of 27 the authority be necessary to maintain the combined operations of the 28 authority and its subsidiary corporations on a self-sustaining basis. 29 The said operations shall be deemed to be on a self-sustaining basis as 30 required by this title, when the authority is able to pay or cause to be 31 paid from revenue and any other funds or property actually available to 32 the authority and its subsidiary corporations (a) as the same shall 33 become due, the principal of and interest on the bonds and notes and 34 other obligations of the authority and of such subsidiary corporations, 35 together with the maintenance of proper reserves therefor, (b) the cost 36 and expense of keeping the properties and assets of the authority and 37 its subsidiary corporations in good condition and repair, and (c) the 38 capital and operating expenses of the authority and its subsidiary 39 corporations. The authority may contract with the holders of bonds and 40 notes with respect to the exercise of the powers authorized by this 41 section. 42 4. The authority may establish and, in the case of joint service 43 arrangements, join with others in the establishment of such schedules 44 and standards of operations and such other rules and regulations includ- 45 ing but not limited to rules and regulations governing the conduct and 46 safety of the public as it may deem necessary, convenient or desirable 47 for the use and operation of any transportation facility and related 48 services operated by the authority or under contract, lease or. other 49 arrangement, including joint service arrangements, with the authority. 50 Such rules and regulations governing the conduct and safety of the 51 public shall be filed with the department of state in the manner 52 provided by section one hundred two of the executive law. In the case of 53 any conflict between any such rule or regulation of the authority 54 governing the conduct or safety of the public and any local law, ordi- 55 nance, rule or regulation, such rule or regulation of the authority 56 shall prevail. Violation of any such rule or regulation of the authori- hup://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page II of 22 S. 1782 11 A. 1329 1 ty governing the conduct or the safety of the public in or upon any 2 facility of the authority shall constitute an offense and shall be 3 punishable by a fine not exceeding fifty dollars or imprisonment for not 4 more than thirty days or both. 5 5. The authority may acquire, hold, own, lease, establish, construct, 6 effectuate, operate, maintain, renovate, improve, extend or repair any 7 of its facilities through, and cause any one or more of its powers, 8 duties, functions or activities to be exercised or performed by, one or 9 more wholly owned subsidiary corporations of the authority and may 10 transfer to or from any such corporation any moneys, real property or 11 other property for any of the purposes of this title. The directors or 12 members of each such subsidiary corporation shall be the same persons 13 holding the offices of members of the authority. Each such subsidiary 14 corporation and any of its property, functions and activities shall have 15 all of the privileges, immunities, tax exemptions and other exemptions 16 of the authority and of the authority's property, functions and activ- 17 ities. Each such subsidiary corporation shall be subject to the 18 restrictions and limitations to which the authority may be subject. Each 19 such subsidiary corporation shall be subject to suit in accordance with 20 section thirteen hundred forty-nine-s of this title. The employees of 21 any such subsidiary corporation, except those who are also employees of 22 the authority, shall not be deemed employees of the authority. If the 23 authority shall determine that one or more of its subsidiary corpo- 24 rations should be in the form of a public benefit corporation, it shall 25 create each such public benefit corporation by. executing and filing with 26 the secretary of state a certificate of incorporation, which may be 27 amended from time to time by filing, which shall set forth the name of 28 such public benefit subsidiary corporation, its duration, the location 29 of its principal office, and any or all of the purposes of acquiring, 30 owning, leasing, establishing, constructing, effectuating, operating, 31 maintaining, renovating, improving, extending or repairing one or more 32 facilities of the authority. Each such public benefit subsidiary corpo- 33 ration shall be a body politic and corporate and shall have all those 34 powers vested in the authority by the provisions of this title which the 35 authority shall determine to include in its certificate of incorporation 36 except the power to contract indebtedness. Whenever any state, poli- 37 tical subdivision, municipality, commission, agency, officer, depart- 38 ment, board, division or person is authorized and empowered for any of 39 the purposes of this title to cooperate and enter into agreements with 40 the authority such state, political subdivision, municipality, commis- 41 s_ion, agency, officer, department, board, division or person shall have 42 the same authorization and power for any of such purposes to cooperate 43 and enter into agreements with a subsidiary corporation of the authori- 44 ty. 45 6. The authority, in its own name or in the name of the state, may 46 apply for and receive and accept grants of property, money and services 47 and other assistance offered or made available to it by any person, 48 government or agency whatever, which it may use or meet capital or oper- 49 ating expenses and for any other use within the scope of its powers, and 50 to negotiate for the same upon such terms and conditions as the authori- 51 ty may determine to be necessary, convenient or desirable. 52 7. The authority may do all things it deems necessary, convenient or 53 desirable to manage, control and direct the maintenance and operation of 54 transportation facilities, equipment or real property operated by or 55 under contract, lease or other arrangement with the authority. Except as 56 specially provided in this title, no municipality or political subdivi- http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 12 of 22 S. 1782 12 A. 1329 1 sion, including but not limited to a county, city, village, town or 2 school or other district shall have jurisdiction over any facilities of 3 the authority or any of its activities or operations. In the operation, 4 maintenance and control of any facilities devoted to purposes other than 5 direct transportation purposes, the authority shall be subject to all 6 local laws, resolutions, ordinances, rules and regulations of a munici- 7 pality or political subdivision. Each municipality or political subdivi- 8 sion, including but not limited to a county, city, village, town or 9 district in which any facilities of the authority are located shall 10 provide for such facilities police, fire and health protection services 11 of the same character and to the same extent as those provided for resi- 12 dents of such municipality or political subdivision. The authority may 13 agree with the state department of transportation for the execution by 14 such department of any grade crossing elimination project or any grade 15 crossing separation reconstruction project along any railroad facility 16 operated by the authority or by one of its subsidiary corporations or 17 under contract, lease or other arrangement with the authority. Any such 18 project shall be executed as provided in the grade crossing elimination 19 act and the railroad law, respectively, and the costs of any such 20 project shall be borne as provided in such laws, except that the author- 21 ity's share of such costs shall be borne by the state. 22 8. The authority may accept unconditional grants of money or property 23 as subsidy payments for expansion of service into areas where such 24 service would not be self-supporting. The authority may. accept uncondi- 25 tional grants of money or property from any city, village, town or coun- 26 ty not wholly contained within a city the whole or any part of which 27 shall be served or to be served by a transportation facility operated by 28 the authority. Such grants of money or property would be for the purpose 29 of assisting the authority in meeting its capital or operating expenses. 30 The acceptance of any such grant shall not operate to make the authority 31 an agency of the municipality making the grant. The provisions of this 32 section are intended as enabling legislation only and shall not be 33 interpreted as implying that absent their enactment an authority would 34 lack the power to accept such grant or subsidy. 35 9. The authority is hereby directed to prepare a transportation plan 36 for the Peconic Bay regional transportation district. Such plan shall 37 consider but not be limited to the following transportation alterna- 38 tives: 39 (a) establishment of park and rail stations at Gabreski county 40 airport, Westhampton, Southampton college Southampton East Hampton 41 town airport, East Hampton, and Montauk; 42 (b) establishment of shuttle trains from Montauk to East Hampton East 43 Hampton to Southampton, and Southampton to Westhampton, utilizing the 44 existing Long Island Railroad right-of-way; 45 (c) addition of more non-stop trains from New York city to the Peconic 46 Bay regional transportation district on a seasonable and weekend basis; 47 (d) establishment of outlying parking areas and shuttle buses to 48 reduce congestion in central business districts; 49 (e) establishment of a health and human services transportation 50 program to assist senior citizens in lower income residential areas; 51 (f) transfer of authority for the establishment of speed limits from 52 state to local government; 53 (g) reconfiguration of the county bus system to complement new transit 54 options such as park and rail, shuttle trains, increased trains, and 55 outlying parking areas; 56 (h) a bike path network; and http://leginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 13 of 22 S. 1782 13 A. 1329 1 (i) passenger ferries. 2 10. Notwithstanding any of the above provisions, no project may be 3 undertaken by the authority unless such project is a part of or consist- 4 ent with the adopted master plan. 5 § 1349-j. Acquisition and disposition of real property. 1. In addition 6 to the powers provided in section thirteen hundred forty-nine-h of this. 7 title to acquire transportation facilities, equipment and real property, 8 the authority may acquire, by condemnation pursuant to the eminent 9 domain procedure law and/or in accordance with the condemnation 10 provisions of subdivision seven of this section, any real property it 11 may deem necessary, convenient, or desirable to effectuate the purpose 12 of this title, provided, however, that any such condemnation proceedings 13 shall be brought only in the supreme court and the compensation to be 14 paid shall be ascertained and determined by the court without a jury. 15 Notwithstanding the foregoing provisions of this subdivision, no real 16 property may be acquired by the authority by condemnation or by purchase 17 for purposes other than a transportation facility unless the governing 18 body of the city, village or town in which such real property is located 19 shall first consent to such acquisition. 20 2. Nothing contained in this section shall be construed to prevent the 21 authority from bringing any proceedings to remove a cloud on title or 22 such other proceedings as it may, in its discretion, deem proper and 23 necessary or from acquiring any such property by negotiation or 24 purchase. 25 3. Where a person entitled to an award in the proceedings to condemn 26 any real property for any of the purposes of this title remains in 27 possession of such property after the time of the vesting of title in 28 the condemnor, the reasonable value of his or her use and occupancy of 29 such property subsequent to such time as fixed by agreement or by the 30 court in such proceedings or by any court of competent jurisdiction 31 shall be a lien against such award subject only to the liens of record 32 at the time of vesting of title in the condemnor. 33 4. Title to all property acquired under this title shall vest in the 34 authority. 35 5. The authority may, whenever it determines that it is in the inter- 36 est of the authority, dispose of any real property or property other 37 than real property, which it determines is not necessary, convenient or 38 desirable for its purposes. 39 6. The authority may, whenever it shall determine that it is in the 40 interest of the authority, rent, lease or grant easements or other 41 rights in, any land or property of the authority. 42 7. The authority may adopt the following condemnation procedures. A 43 certified copy of a resolution adopted by the authority authorizing the 44 acquisition and identifying and describing the property and franchises, 45 if any, sought to be acquired by condemnation shall be filed in the 46 office of the county clerk of the county in which such property is situ- 47 ated, held or maintained. A petition for an order vesting title to such 48 property and franchises, if any, sought to be acquired by condemnation 49 shall set forth a description of the said property and franchises if 50 any, and a prayer that title be vested in the authority, shall be 51 presented, upon notice of the application to condemn published in five 52 successive issues of a publication of general circulation within the 53 county where such property and franchises, if any, are located, to a 54 special term of the supreme court held at the time and place specified 55 in such notice, within the iudicial district in which the property being 56 acquired or some part thereof is situated. Such proceedings shall have http://Ieginfo.state.ny.us/ASMSEN/bstfnnel.cgi 1/15/2014 RETRIEVE Page 14 of 22 S. 1782 14 A. 1329 1 precedence over all other cases on the calendar of such court, any other 2 provision of law to the contrary notwithstanding. Upon due proof to the 3 satisfaction of the court of the filing of the resolution as described 4 in this title, such court, not later than three days after the presenta- 5 tion of the petition, shall thereupon enter an order vesting title to 6 such property and franchises, if any, in the authority. Upon such vest- 7 ing of title the authority shall have the right to enter upon and take 8 possession of such property. A notice of such acquisition shall be 9 directed to the owners of the property and franchises, if any, so 10 acquired and to any other person or persons having an estate, interest 11 or easement in such property or a lien, charge or encumbrance thereon by 12 personal service or by registered mail at the last known address within 13 fifteen days after such vesting of title. Such notice shall set forth 14 such resolution, the date of the submission to the court, the date of 15 the order vesting title in such authority and such other matters as the 16 authority may determine. 17 B. If funds are made available by the authority for the payment of the 18 cost and expense of the acquisition thereof, the department of transpor- 19 tation of the state of New York, when requested by the authority, may 20 acquire such real property in the name of the state as may be determined 21 from time to time by the authority as being necessary, convenient or 22 desirable to effectuate the purposes of this title, may remove the owner 23 or occupant thereof where necessary, and obtain possession and, when 24 requested by the authority, may dispose of any real property so 25 acquired, all according to the procedure provided in section thirty of 26 the highway law and pursuant to the procedure required under federal 27 law, when applicable. The authority shall have the right to possess and 28 use for its corporate purposes all such real property so acquired. 29 Claims for the value of the property appropriated and for legal damages 30 caused by any such appropriation shall be adjusted and determined by 31 such department with the approval of the authority or by the court of 32 claims as provided in section thirty of the highway law and as required 33 by federal law, when applicable. When a claim has been filed with the 34 court of claims, the claimant shall cause a copy of such claim to be 35 served upon the authority and the authority shall have the right to be 36 represented and heard before such court. All awards and judgments aris- 37 ing from such claims shall be paid out of moneys of the authority. No 38 real property may be acquired pursuant to the provisions of this section 39 for purposes other than a transportation facility unless the governing 40 body of the city, village or town in which such real property is located 41 shall first consent to such acquisition. 42 § 1349-k. Cooperation and assistance of other agencies. In the inter- 43 est of economy and to promote coordination of authority projects with 44 state, local, county and regional plans and also to carry out the objec- 45 tive of full participation of all agencies in the development of a 46 transportation system and facilities to meet the objectives of this 47 title, the authority shall request and use existing studies, master 48 plans, surveys, data and other materials completed by or under develop- 49 ment by any state agency or any municipality or political subdivision of 50 the state. The authority shall consult with and cooperate with the 51 commissioner and with planning authorities in the areas of its oper- 52 ations and shall utilize local or state planning. When a project is 53 contemplated by the authority, the authority shall submit a preliminary 54 prospectus thereof to the commissioner for review and comment and shall 55 consider the report of the commissioner in formulating detailed plans 56 for such project. When a project is contemplated by the authority within http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 15 of 22 S. 1782 15 A. 1329 1 the jurisdiction of any Suffolk county planning board, the authority 2 shall prepare a preliminary prospectus thereof, describing the purpose, 3 general location, and nature of the project contemplated, with such 4 further data relative thereto that the authority shall consider perti- 5 nent. Within sixty days of receipt of such prospectus such planning 6 board shall prepare a report thereon, commenting on its conformity or 7 lack of conformity with any related official plan of the state or any 8 official planning agency within the region. Such report shall be consid- 9 ered by the authority in formulating detailed plans for such a project. 10 At the request of the authority, each such agency, municipality or 11 subdivision which is engaged in highway or other transportation activ- 12 ities or in land use or development planning, or which is charged with 13 the duty of providing or regulating any transportation facility or any 14 other public facility, is further authorized to provide the authority 15 with information regarding its plans and programs affecting the trans- 16 portation district so that the authority may have available to it 17 current information with respect thereto. The officers and personnel of 18 such agencies, municipalities or subdivisions, and of any other govern- 19 ment or agency whatever, may serve at the request of the authority upon 20 such advisory committees as the authority shall determine to create and 21 such officers and personnel may serve upon such committees without 22 forfeiture of office or employment and with no loss or diminution in the 23 compensation, status, rights and privileges which they otherwise enjoy. 24 § 1349-1. Notes and bonds of the authority. 1. (a) The authority shall 25 have power and is hereby authorized from time to time to borrow money 26 and issue its negotiable bonds and notes in such principal amount, as, 27 in the opinion of the authority, shall be necessary to provide suffi- 28 cient funds for achieving its purposes, including the acquisition, 29 establishment, construction, effectuation, operation, maintenance, reno- 30 vation, improvement, extension or repair of any transportation facility, 31 the payment of interest on bonds and notes of the authority, establish- 32 ment of reserves to secure such bonds and notes, the provision of work- 33 ing capital and all other expenditures of the authority and its subsid- 34 iary corporations incident to and necessary or convenient to carry out 35 their purposes and powers; 36 (b) The authority shall have power, from time to time, to issue 37 renewal notes, to issue bonds to pay notes and whenever it deems refund- 38 ing expedient, to refund any bonds by the issuance of new bonds, whether 39 the bonds to be refunded have or have not matured, and to issue bonds 40 partly to refund bonds then outstanding and partly for any other 41 purpose. The refunding bonds shall be sold and the proceeds applied to 42 the purchase, redemption or payment of the bonds to be refunded; 43 (c) Except as may otherwise be expressly provided by the authority, 44 every issue of its notes or bonds shall be general obligations of the 45 authority payable out of any revenues or moneys of the authority 46 subject only to any agreements with the holders of particular notes or 47 bonds pledging any particular receipts or revenues; 48 (d) Whether or not the notes or bonds are of such form and character 49 as to be negotiable instruments under article eight of the uniform -50 commercial code, the notes or bonds shall be and hereby are made ne oti- 51 able instruments within the meaning of and for all the purposes of arti- 52 cle eight of the uniform commercial code, subject only to the provisions 53 of the notes or bonds for registration. 54 2. The notes and bonds shall be authorized by resolution approved by 55 not less than a majority vote of the authority, shall bear such date or 56 dates, and shall mature at such time or times, as specified therein, and http://Ieginfo.state.ny.us/ASMSEN/bstfnnel.cgi 1/15/2014 RETRIEVE Page 16 of 22 S. 1782 16 A. 1329 1 in the case of any such bond not exceeding fifty years from the date of 2 issue, as such resolution or resolutions may provide. The notes and 3 bonds shall bear interest at such rate or rates, be in such denomi- 4 nations, be in such form, either coupon or registered, carry such re is- 5 tration privileges, be executed in such manner, be payable in such medi- 6 um of payment, at such place or places and be subject to such terms of 7 redemption as such resolution or resolutions may provide. The notes and 8 bonds of the authority may be sold by the authority, at public or 9 private sale, at such price or prices as the authority shall determine. 10 No notes or bonds of the authority may be sold by the authority at 11 private sale, however, unless such sale and the terms thereof have been 12 approved in writing by (a) the comptroller, where such sale is not to 13 the comptroller, or (b) the director of the budget where such sale is 14 to the comptroller. 15 3. Any resolution or resolutions authorizing any notes or bonds or any 16 issue thereof may contain provisions, which shall be a part of the 17 contract with the holders thereof, as to: (a) pledging all or any part 18 of the fares, tolls, rentals, rates, charges and other fees made or 19 received by the authority or any of its subsidiary corporations and 20 other moneys received or to be received, to secure the payment of the 21 notes or bonds or of any issue thereof, subject to such agreements with 22 bondholders or noteholders as may then exist; 23 (b) pledging all or any part of the assets of the authority or of any 24 of its subsidiary corporations to secure the payment of the notes or 25 bonds or of any issue of notes or bonds, subject to such agreements with 26 noteholders or bondholders as may then exist; 27 (c) the use, and disposition of fares tolls rentals rates charges 28 and other fees made or received by the authority or any of its subsid- 29 iary corporations; 30 (d) the setting aside o£ reserves or sinking funds and the regulation 31 and disposition thereof; 32 (e) limitations on the purpose to which the proceeds of sale of notes 33 or bonds may be applied and pledging such proceeds to secure the payment 34 of the notes or bonds or of any issue thereof; 35 (f) limitations on the issuance of additional notes or bonds; the 36 terms upon which additional notes or bonds may be issued and secured; 37 the refunding of outstanding or other notes or bonds; 38 (g) the procedure, if any, by which the terms of any contract with 39 noteholders or bondholders may be amended or abrogated, the amount of 40 notes or bonds the holders of which must consent thereto, and the manner 41 in which such consent may be given; 42 (h) limitations on the amount of moneys to be expended by the authori- 43 ty or any of its subsidiary corporations or operating administrative or 44 other expenses of the authority or any of its subsidiary corporations; 45 (i) vesting in a trustee or trustees such property, rights powers and 46 duties in trust as the authority may determine, which may include any or 47 all of the rights, powers and duties of the trustee appointed by the 48 bondholders pursuant to this title, and limiting or abrogating the right 49 of the bondholders to appoint a trustee under this title or limiting the 50 rights, powers and duties of such trustee; and 51 (j) any other matters, of like or different character, which in any 52 way affect the security or protection of the notes or bonds. 53 4. In addition to the powers conferred upon the authority to secure 54 its notes and bonds, the authority shall have power in connection with 55 the issuance of notes and bonds to enter into such agreements as the 56 authority may deem necessary, convenient or desirable concerning the use http://Icginfo.state.ny.us/ASMSEN/bstfrmet.cgi 1/15/2014 RETRIEVE Page 17 of 22 S. 1782 17 A. 1329 1 or disposition of its monies or property or the monies or property of 2 any of its subsidiary corporations, including the mortgaging of any such 3 property and the entrusting, pledging or creation of any other security 4 interest in any such monies or property and the doing of any act 5 (including refraining from doing any act) which the authority would have 6 the right to do in the absence of such agreements. The authority shall 7 have power to enter into amendments of any such agreements within the 8 powers granted to the authority by this title and to perform such agree- 9 ments. The provisions of any such agreements may be made a part of the 10 contract with the holders of the notes and bonds of the authority. 11 5. It is the intention hereof that any pledge, mortgage or security 12 instrument made by the authority shall be valid and binding from the 13 time when the pledge, mortgage or security instrument is made; that the 14 monies or property so pledged, mortgaged and entrusted and thereafter 15 received by the authority shall immediately be subject to the lien of 16 such pledge, mortgage or security instrument without any physical deliv- 17 ery thereof or further act; and that the lien of any such pledge, mort- 18 gage or security instrument shall be valid and binding as against all 19 parties having claims of any kind in tort, contract or otherwise against 20 the authority, irrespective of whether such parties have notice thereof. 21 Neither the resolution nor any mortgage, security instrument or other 22 instrument by which a pledge, mortgage lien or other security is created 23 need be recorded or filed and the authority shall not be required to 24 comply with any of the provisions of the uniform commercial code. 25 6. Neither the members of the authority nor any person executing the 26 notes or bonds shall be liable personally on the notes or bonds or be 27 subject to any personal liability or accountability by reason of the 28 issuance thereof. 29 7. The authority, subject to such agreements with noteholders or bond- 30 holders as may then exist, shall have power out of any funds available 31 therefor to purchase notes or bonds of the authority, which shall there- 32 upon be cancelled, at a price not exceeding (a) if the notes or bonds 33 are then redeemable, the redemption price then applicable plus accrued 34 interest to the next interest payment date thereon, or (b) if the notes 35 or bonds are not then redeemable, the redemption price applicable on the 36 first date after such purchase upon which the notes or bonds become 37 subject to redemption plus accrued interest to such date. 38 B. The state shall not be liable on notes or bonds of the authority 39 and such notes and bonds shall not be a debt of the state, and such 40 notes and bonds shall contain on the face thereof a statement to such 41 effect. 42 § 1349-m. Reserve funds and appropriations. 1. The authority may 43 create and establish one or more reserve funds to be known as debt 44 service reserve funds and may pay into such debt service reserve funds 45 (a) any monies appropriated and made available by the state for the 46 purposes of such funds, (b) any proceeds of sale of notes or bonds to 47 the extent provided in the resolution of the authority authorizing the 48 issuance thereof, and (c) any other monies which may be made available 49 to the authority for the purpose of such funds from any other source or 50 sources. The monies held in or credited to any debt service reserve fund 51 established under this section, except as provided in this title shall 52 be used solely for the payment of the principal of bonds of the authori- 53 ty secured by such debt service reserve fund as the same mature the 54 purchase of such bonds of the authority, the payment of interest on such 55 bonds of the authority or the payment of any redemption premium required 56 to be paid when such bonds are redeemed prior to maturity provided http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 18 of 22 S. 1782 18 A. 1329 1 however, that the authority shall have power to provide that monies in 2 any such fund shall not be withdrawn therefrom at any time in such 3 amount as would reduce the amount of such fund to less than the maximum 4 amount of principal and interest maturing and becoming due in any 5 succeeding calendar year or years not exceeding two such years on the 6 bonds of the authority then outstanding and secured by such debt service 7 reserve fund, except for the purpose of paving principal of and interest 8 on such bonds of the authority secured by such debt service reserve fund 9 maturing and becoming due and for the payment of which other monies of 10 the authority are not available. Any income or interest earned by, or 11 increment to, any such debt service reserve fund due to the investment 12 thereof may be transferred by the authority to any other fund or account 13 of the authority and the authority shall have power to provide that any 14 such transfer shall not reduce the amount of such debt service reserve 15 fund below the maximum amount of principal and interest maturing and 16 becoming. due in any succeeding calendar year or years not exceeding two 17 such years on all bonds of the authority then outstanding and secured by 18 such debt service reserve fund. 19 2. The authority shall have power to provide that it shall not issue 20 bonds at any time if the maximum amount of principal and interest matur- 21 ing and becoming due in any succeeding calendar year or years not 22 exceeding two such years on the bonds outstanding and then to be issued 23 and secured by a debt service reserve fund will exceed the amount of 24 such debt service reserve fund at the time of issuance, unless the 25 authority, at the time of the issuance of such bonds, shall deposit in 26 such debt service reserve fund from the proceeds of the bonds so to be 27 issued, or otherwise, an amount which, together with the amount then in 28 such debt service reserve fund, will be not less than the maximum amount 29 of principal and interest maturing and becoming due in any such succeed- 30 ing calendar year or years not exceeding two such years on the bonds 31 then to be issued and on all other bonds of the authority then outstand- 32 ing and secured by such debt service reserve fund. 33 3. In computing the amount of any debt service reserve fund for the 34 purposes of this section, securities in which all or a portion of such 35 fund shall be invested shall be valued at par, or if purchased at less 36 than par, at their cost to the authority. 37 § 1349-n. Agreement of the state. The state does hereby pledge to and 38 agree with the holders of any notes or bonds issued under this title 39 that the state will not limit or alter the rights hereby vested in the 40 authority to fulfill the terms of any agreements made with the holders 41 thereof, or in any way impair the rights and remedies of such holders 42 until such notes or bonds, together with the interest thereon with 43 interest on any unpaid installments of interest, and all costs and 44 expenses for which the authority is liable in connection with any action 45 or proceeding by or on behalf of such holders, are fully met and 46 discharged. The authority is authorized to include this pledge and 47 agreement of the state in any agreement with the holders of such notes 48 or bonds. 49 § 1349-o. Right of state to require redemption of bonds. Notwithstand- 50 ing and in addition to any provisions for the redemption of bonds which 51 may be contained in any contract with the holders of the bonds the 52 state may, upon furnishing sufficient funds therefor, require the 53 authority to redeem, prior to maturity, as a whole any issue of bonds 54 on any interest payment date not less than twenty years after the date 55 of the bonds of such issue at one hundred five per centum of their face 56 value and accrued interest or at such lower redemption price as may be http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 19 of 22 S. 1782 19 A. 1329 1 provided in the bonds in case of the redemption thereof as a whole on 2 the redemption date. Notice of such redemption shall be published in at 3 least two newspapers published and circulating in the regional transpor- 4 tation district, at least twice, the first publication to be at least 5 thirty days before the date of redemption. 6 § 1349-p. Remedies of noteholders and bondholders. 1. In the event 7 that the authority shall default in the payment of principal of or 8 interest on any issue of notes or bonds after the same shall become due 9 whether at maturity or upon call for redemption, and such default shall 10 continue for a period of thirty days or in the event that the authority 11 shall fail or refuse to comply with the provisions of this title or 12 shall default in any agreement made with the holders of any issue of 13 notes or bonds, the holders of twenty-five per centum in aggregate prin- 14 cipal amount of the notes or bonds of such issue then outstanding, by 15 instrument or instruments filed in the office of the clerk of any county 16 in which the authority operates and has an office and proved or acknowl- 17 edged in the same manner as a deed to be recorded may appoint a trustee 18 to represent the holders of such notes or bonds for the purposes 19 provided in this section. 20 2. Such trustee may, and upon written request of the holders of twen- 21 ty-five per centum in principal amount of such notes or bonds then 22 outstanding shall, in his or her or its own name: 23 (a) by suit, action or proceeding in accordance with the civil prac- 24 tice law and rules, enforce all rights of the noteholders or bondhold- 25 ers, including the right to require the authority to collect fares 26 tolls rentals rates charges and other fees adequate to carry out any 27 agreement as to, or pledge of, such fares, tolls rentals rates charg- 28 es and other fees and to require the authority to carry out any other 29 agreements with the holders of such notes or bonds and to perform its 30 duties under this title; 31 (b) bring suit upon such notes or bonds; 32 (c) by action or suit, require the authority to account as if it were 33 the trustee of an express trust for the holders of such notes or bonds; 34 (d) by action or suit, enjoin any acts or things which may be unlawful 35 or in violation of the rights of the holders of such notes or bonds; 36 (e) declare all such notes or bonds due and payable and if all 37 defaults shall be made good, then, with the consent of the holders of 38 twenty-five per centum of the principal amount of such notes or bonds 39 then outstanding,. to annul such declaration and its consequences. 40 3. Such trustee shall in addition to the foregoing have and possess 41 all of the powers necessary or appropriate for the exercise of any £unc- 42 tions specifically set forth in this section or incident to the general 43 representation of bondholders or noteholders in the enforcement and 44 protection of their rights. 45 4. The supreme court shall have jurisdiction of any suit action or 46 proceedings by the trustee on behalf of such noteholders or bondholders 47 The venue of any such suit action or proceeding shall be laid in the 48 county in which the instrument or instruments are filed in accordance 49 with subdivision one of this section. 50 5. Before declaring the principal of notes or bonds due and payable 51 the trustee shall first give thirty days notice in writing to the over- 52 nor, to the authority, to the comptroller and to the attorney general of 53 the state. 54 § 1349-q. Notes and bonds as legal investment. The notes and bonds of 55 the authority are hereby made securities in which all public officers 56 and bodies of the state and all municipalities and political subdivi- http://Ieginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 20 of 22 S. 1782 20 A. 1329 1 sions, all insurance companies and associations and other persons carry- 2 ing on an insurance business, all banks, bankers, trust companies, 3 savings banks and savings associations, including savings and loan asso- 4 ciations, building and loan associations, investment companies and other 5 persons carrvinq on a banking business, all administrators, guardians, 6 executors, trustees and other fiduciaries, and all other persons whatso- 7 ever who are now or who may hereafter be authorized to invest in bonds 8 or other obligations of the state, may properly and legally invest funds 9 including capital in their control or belonging to them. Notwithstanding 10 any other provisions of law, the bonds of the authority are also hereby 11 made securities which may be deposited with and shall be received by all 12 public officers and bodies of this state and all municipalities and 13 political subdivisions for any purpose for which the deposit of bonds or 14 other obligations of the state is now or may hereafter be authorized. 15 § 1349-r. Exemption from taxation. It is hereby found, determined and 16 declared that the creation of the authority and the carrvinq out of its 17 purposes is in all respects for the benefit of the people of the state 18 of New York and for the improvement of their health, welfare and pros- 19 perity and is a public purpose, and that the authority will be perform- 20 ing an essential governmental function in the exercise of the powers 21 conferred upon it by this title. Without limiting the generality of the 22 following provisions of this section, property owned by the authority 23 and used for transportation purposes, property leased by the authority 24 and used for transportation purposes, and property used for transporta- 25 tion purposes by or for the benefit of the authority exclusively pursu- 26 ant to the provisions of a joint service arrangement or of a joint 27 facilities agreement or trackage rights agreement shall all be exempt 28 from taxation and special ad valorem levies. The authority shall be 29 required to pay no fees, taxes or assessments, whether state or local, 30 except special benefit assessments if said property is located in a 31 special benefit district, including but not limited to fees, taxes or 32 assessments on real estate, franchise taxes, sales taxes or other excise 33 taxes, upon any of its property, or upon the uses thereof, or upon its 34 activities in the operation and maintenance of its facilities or on any 35 fares, tolls, rentals, rates, charges or other fees, revenues or other 36 income received by the authority and all bonds, notes and obligations of 37 the authority and the income therefrom shall at all times be exempt from 38 taxation, except for gift and estate taxes and taxes on transfers. This 39 section shall constitute a covenant and agreement with the holders of 40 all bonds, notes and obligations issued by the authority. The terms 41 "taxation" and "special ad valorem levy" shall have the same meanings as 42 defined in section one hundred two of the real property tax law and the 43 term "transportation purposes" shall have the same meaning as used in 44 titles two-A and two-B of article four of such law. 45 § 1349-s. Actions against the authority. 1. As a condition to the 46 consent of the state to such suits against the authority, in every 47 action against the authority for damages, for injuries to real or 48 personal property or for the destruction thereof, or for personal inju- 49 ries or death, the complaint shall contain an allegation that at least 50 thirty days have elapsed since the demand, claim or claims upon which 51 such action is founded were presented to a member of the authority or 52 other officer designated for such purpose and the authority has 53 neglected or refused to make an adjustment or payment thereof. 54 2. An action against the authority founded on tort, except an action 55 for wrongful death, shall not be commenced more than one year after the 56 cause of action therefor shall have accrued, nor unless a notice of http://leginfo.state.ny.us/ASMSEN/bstfrmel.cgi 1/15/2014 RETRIEVE Page 21 of 22 S. 1782 21 A. 1329 1 claim shall have been served on the authority within the time limited by 2 and in compliance with all the requirements of section fifty-e of the 3 general municipal law. An action against the authority for wrongful 4 death shall be commenced in accordance with the notice of claim and time 5 limitation provisions of title eleven of article nine of this chapter. 6 3. The authority shall be liable, and shall assume the liability to 7 the extent that it shall save harmless any duly appointed officer or 8 employee of the authority, for the negligence of such officer or employ- 9 ee, in the operation of a vehicle or other facility of transportation 10 owned or otherwise under the jurisdiction and control of the authority 11 in the discharge of a duty imposed upon such officer or employee at the 12 time of the accident, injury or damages complained of, while otherwise 13 acting in the performance of his or her duties and within the scope of 14 his or her employment. 15 4. The authority may require any person, presenting for settlement an 16 account or claim for any cause whatever against the authority, to be 17 sworn before a member, counsel or an attorney, officer or employee of 18 the authority designated for such purpose, concerning such account or 19 claim and when so sworn to answer orally as to any facts relative to 20 such account or claim. The authority shall have power to settle or 21 adjust all claims in favor of or against the authority. 22 B. The rate of interest to be paid by the authority upon any judgment 23 for which it is liable shall not exceed four per centum per annum. 24 6. The provisions of this section which relate to the requirement for 25 service of a notice of claim shall not apply to a subsidiary corporation 26 of the authority. In all other respects, each subsidiary corporation of 27 the authority shall be subject to the provisions of this section as if 28 such subsidiary corporation were separately named in this section, 29 provided, however, that a subsidiary corporation of the authority which 30 is a stock corporation shall not be subject to the provisions of this 31 section except with respect to those causes of action arising on and 32 after the first of the twelfth calendar month following that calendar 33 month in which such stock corporation becomes a subsidiary corporation 34 of the authority. 35 § 1349-t. Agreements relating to payment in lieu of taxes. To the end 36 that municipal corporations, counties and school districts may not 37 suffer undue loss of taxes or assessments: 38 If the authority acquires property for non-transportation purposes 39 (e.g. for future transportation purposes but not to be so used imme- 40 diately) the authority, except as provided in this title, shall pay to 41 the participating county and/or city, town or school district where the 42 property is located, annually, in lieu of taxes, a sum equal to the sum 43 last paid as taxes upon the property prior to the time of its acquisi- 44 tion by the authority. Should such property be subsequently developed 45 and improved but still remain unused for transportation purposes it 46 shall during such period of disuse for transportation be subject to 47 assessment, at the prevailing method of determining assessments, by the 48 county and/or city and/or school district and the authority shall, based 49 on such assessment, annually, in lieu of taxes, pay to the county and/or 50 city and/or school district an amount fixed by it. 51 If the authority acquires property for transportation purposes but 52 subsequently uses such property for non-transportation purposes, then 53 the authority shall be required, except as provided in this title to 54 pay annually in lieu of taxes to the participating county and/or city 55 and/or school district wherein such property is located, an amount equal 56 to the sum which the said county and/or city and/or school district http://leginfo.state.ny.us/ASMSEN[bstfrtnet.cgi 1/15/2014 RETRIEVE Page 22 of 22 S. 1782 22 A. 1329 1 would ordinarily be imposed as taxes, pursuant to the prevailing method 2 of determining assessments. 3 Properties acquired by the authority for transportation and used as 4 such, shall not be subject to the payment of any taxes except that the 5 authority shall pay such property special benefit assessments on the 6 property if it is located in an existing special benefit district. 7 § 1349-u. Interest of members or employees of authority in contracts 8 prohibited. It shall be a misdemeanor for a member of the authority or 9 an officer, agent, servant or employee employed by or appointed by the 10 authority, to be in any way or manner interested, directly or indirect- 11 ly, as principal, surety or otherwise, in a contract, the expense or 12 consideration whereof is payable out of the funds of the authority. 13 § 1349-v. Fiscal year. The fiscal year of the authority shall begin on 14 the first day of January. 15 § 1349-w. Consent by the state. The commissioner of general services 16 shall have power, in his or her discretion, from time to time to trans- 17 fer and convey to the authority, or to one or more participating coun- 18 ties for the use of the authority, and for such consideration and upon 19 such terms and conditions as may be determined by him or her to be paid 20 to the state, unappropriated state lands, abandoned canal lands and 21 lands under water which the authority shall certify to be necessary or 22 desirable for the corporate purposes of the authority. 23 § 1349-x. Separability. If any provision of any section of this title 24 or the application thereof to any person or circumstance shall be 25 adjudged invalid by a court of competent jurisdiction, such order or 26 judgment shall be confined in its operation to the controversy in which 27 it was rendered, and shall not affect or invalidate the remainder of any 28 provision of any section of this title or the application of any part 29 thereof to any other person or circumstance and to this end the 30 provisions of each section of this title are hereby declared to be 31 severable. 32 § 1349-y. Effect of inconsistent provisions. Insofar as the provisions 33 of this title are inconsistent with the provisions of any other law, 34 general, special or local, the provisions of this title shall be 35 controlling. 36 § 2. This act shall take effect on the first of January next succeed- 37 ing the date on which it shall have become a law. http://ieginfo.state.ny.us/ASMSEN/bstfrtneLcgi 1/15/2014 Southold Town Board - Letter Board Meeting of January 28, 2014 RESOLUTION 2014-151 Item # 5.28 ADOPTED DOC ID: 9515 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-151 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 28,2014: WHEREAS, a bill has been introduced in the State Legislature as Senate Bill S.1782 and Assembly Bill A.1329 and WHEREAS, the bill would create the Peconic Bay Regional Transportation Authority; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.1782 and Assembly Bill A.1392 entitled "AN ACT to amend the public authorities law, in relation to the creation of the Peconic Bay regional transportation authority". Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Roland, Doherty, Evans, Russell Generated January 29, 2014 Page 39 IMPORTANT: READ" INSTRUCTIONS.ON REVERSE SIDE' HOME RULE REQUEST (Request by a Local Government for Enactment of a Special Law) To,,the Legislature _ , - Pursuant to Article, Ix of the Constitution, the Town of Southold ounty.cny, ownnr,valag" S.1782 requests the enactment of sepate 'bill (No, - 1mtm4 "r- ` Assembly entitled AN ACT to amend the public) authorities law, in relation`Ydtettie creation of the Peeonic bay Regional Transportation Authority. f It is hereby declared that a necessity exists for the enactment of such legislation,` and that the facts establishing such necessity. are as follows. (Check appropriate box) 1, " Z{] The local government does not have the power to enact such legislation" by local law. Other facts, as set forth in the following "Explanation" establish such necessity. EXPLANATION (If space below is not sufficient, use separate sheet and attach here) Such request is made by: (Check appropriate box) The chief executive officer of such local government, concurred in by a majority of the total membership of the local legislative body. (See paragraph A below) L7 The local, legislative body of such local government, at least two-thirds of the total membership thereof having voted to favor of such request. (See paragraph B below) READ BEFORE SIGNING A. If the request is made by the chief executive officer and concurred in by a majority of the total. mem- bership of the local legislative, body, both the chief executive officer and the clerk of the local legislative body must sign below. In such case use the word`majority" below even though the vote may have been greater: B. If the request is made by the local, legislative body, at least two-thirds of the total membership thereof having voted in favor of such" request, only the clerk<of the local legislative body must sign'.below; In such case use the, words "`two-thirds" below. CHIEF EXECUTIVE OFFICER'S SIGNATURE " (Signed) A , (chid executive officer) c (lint) or type name below signature) Date: January 29 20 14 (Title of cbicf executive offimri CLERK'S CERTIFICATION I Elizabeth A. Neville do hereby,certify that I am Clerk of the ( ) (print or type rwme) FI-I legi,lalive bwd ) Town Board of the Town [tautly. city, town or village) of Southold and that on the 28TH day of January (name) ' 20? 4 , such legislative body, at least a two mt ds of the total membership having voted in favor thereof, mzfonty approvedtheforegoing 'request. omkCOO'ow (Signed) (de k) Isen~oF tucnt. °E.Nx,nM) Elizabeth A. Neville (Prinlwtype ranre lmlow signamml Date: January 29 2~ 14 t4 . ,k Asti' INSTRUMONS Copies required:':. . TWO signed copies of this form, specifying the final. bill number, and title must be filed with each House ` of the Legislature. Ewmpka: (a) If the bill has been introduced in only one House of the Legislature, four copies of the request form must be filed, i.e., two with the Senate and two with the Assembly. (b) If the identical bill has been introduced in both Houses, eight copies of the request form must be filed, i.e., two with the Senate and two with the Assembly for the Senate bill and the same for the Assembly bill. Date of request: The signing of a home'rule request or the adoption of a resolution` by the local, legislative body approv- ing such request cannot precede the date on which the bill is actually introduced in the Legislature. In the case of p:e5led bills, the actual date of introduction is the first day of the legislative session. The request may be signed or the resolution adopted the same day as the date of introduction. Amended bills: Each time the bill is amended 's new request mast lie filed (with the appropriate number of copies) and the new request must conm* identity the bill number as last amended. The signing of the tegttest, and the date of the supporting' resolution, cannot precede the date of the amendment Transmittal: The signed forms should'be senf'ai'follows: ,r To the Sena te: Td rhr Assembly.: Home Rule Counsel `Home Rule Gemmel Seuare Post Oda Assembly Post Office ; The Capitol 2Le Capitol Albany, N. Y. '12224 r Albany; N Y. 12224 r Definition of acme: Chief executive afar. In the case of a 'county, the ehxtin or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors; in the can of a city or"village, the mayor`(not manager); and in the case of a town: the supervisor. (Municipal Home RuleLaw §40) Local legislative body. The board of supervisors, board of aldermen,. common council, council, commission, town board, board of trustees'or other elective governing board or body vested by state statute, charter or other law with jurisdiction to initiate and adopt local laws'or ordinances. (Municipal Home Rule Law §2) Local government. A county, city, town or village (Coast Arc 1X, 93; Municipal Home Rule Law 12) Special taw A state statute which in terms and ice' effect applies to one or mote, but not sill, counties (other thatt those wholly iacluded within a city) cities, towns or villages.' (Coast Art IX 13; Municipal Home Rule Law 62) Toni membership. The total voting power' of a legislative body. (Municipsl Home Rude Law, ¢120, 40) ~x