STATE OF NEW YORK ________________________________________________________________________ 1619 2025-2026 Regular Sessions IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL, GLICK, DINOWITZ, COLTON, PAULIN -- Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to eliminating the metropolitan commuter transportation authority's environmental quality review exemption The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 3 and 11 of section 1266 of the public author- 2 ities law, subdivision 3 as amended and subdivision 11 as added by chap- 3 ter 314 of the laws of 1981, are amended to read as follows: 4 3. The authority may establish, levy and collect or cause to be estab- 5 lished, levied and collected and, in the case of a joint service 6 arrangement, join with others in the establishment, levy and collection 7 of such fares, tolls, rentals, rates, charges and other fees as it may 8 deem necessary, convenient or desirable for the use and operation of any 9 transportation facility and related services operated by the authority 10 or by a subsidiary corporation of the authority or under contract, lease 11 or other arrangement, including joint service arrangements, with the 12 authority. Any such fares, tolls, rentals, rates, charges or other fees 13 for the transportation of passengers shall be established and changed 14 only if approved by resolution of the authority adopted by not less than 15 a majority vote of the whole number of members of the authority then in 16 office, with the [chairman] chair having one additional vote in the 17 event of a tie vote, and only after a public hearing, provided however, 18 that fares, tolls, rentals, rates, charges or other fees for the trans- 19 portation of passengers on any transportation facility which are in 20 effect at the time that the then owner of such transportation facility 21 becomes a subsidiary corporation of the authority or at the time that 22 operation of such transportation facility is commenced by the authority 23 or is commenced under contract, lease or other arrangement, including EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04425-01-5
A. 1619 2 1 joint service arrangements, with the authority may be continued in 2 effect without such a hearing. Such fares, tolls, rentals, rates, charg- 3 es and other fees shall be established as may in the judgment of the 4 authority be necessary to maintain the combined operations of the 5 authority and its subsidiary corporations on a self-sustaining basis. 6 The said operations shall be deemed to be on a self-sustaining basis as 7 required by this title, when the authority is able to pay or cause to be 8 paid from revenue and any other funds or property actually available to 9 the authority and its subsidiary corporations (a) as the same shall 10 become due, the principal of and interest on the bonds and notes and 11 other obligations of the authority and of such subsidiary corporations, 12 together with the maintenance of proper reserves therefor, (b) the cost 13 and expense of keeping the properties and assets of the authority and 14 its subsidiary corporations in good condition and repair, and (c) the 15 capital and operating expenses of the authority and its subsidiary 16 corporations. The authority may contract with the holders of bonds and 17 notes with respect to the exercise of the powers authorized by this 18 section. [No acts or activities taken or proposed to be taken by the 19 authority or any subsidiary of the authority pursuant to the provisions 20 of this subdivision shall be deemed to be "actions" for the purposes or 21 within the meaning of article eight of the environmental conservation 22 law.] 23 11. No project to be constructed upon real property theretofore used 24 for a transportation purpose, or on an insubstantial addition to such 25 property contiguous thereto, which will not change in a material respect 26 the general character of such prior transportation use, nor any acts or 27 activities in connection with such project, shall be subject to the 28 provisions of article [eight,] nineteen, twenty-four or twenty-five of 29 the environmental conservation law, or to any local law or ordinance 30 adopted pursuant to any such article. [Nor shall any acts or activities 31 taken or proposed to be taken by the authority or by any other person or 32 entity, public or private, in connection with the planning, design, 33 acquisition, improvement, construction, reconstruction or rehabilitation 34 of a transportation facility, other than a marine or aviation facility, 35 be subject to the provisions of article eight of the environmental 36 conservation law, or to any local law or ordinance adopted pursuant to 37 any such article if such acts or activities require the preparation of a 38 statement under or pursuant to any federal law or regulation as to the 39 environmental impact thereof.] 40 § 2. This act shall take effect immediately.