§ 1277 — Station operation and maintenance

New York § 1277

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11: Metropolitan Commuter Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1277. Station operation and maintenance. 1. The operation,\nmaintenance and use of passenger stations shall be public purposes of\nthe city of New York and the counties within the district. The total\ncost to the authority and each of its subsidiary corporations of\noperation, maintenance and use of each passenger station within the\ndistrict serviced by one or more railroad facilities of the authority or\nof such subsidiary corporation, including the buildings, appurtenances,\nplatforms, lands and approaches incidental or adjacent thereto, shall be\nborne by the city of New York if such station is located in such city\nor, if not located in such city, by such county within the district in\nwhich such station is located. On or before June first of each year, the\nauthority shall, in accordance with the method specified herein,\ndetermine and certify to the city of New York and to each county within\nthe district the respective allocation of costs related to the\noperation, maintenance and use of passenger stations within such city\nand each such other county, for the twelve month period ending the\npreceding March thirty-first.\n a. For the year commencing April first, nineteen hundred ninety-nine,\nthe total payment amount to be billed by the authority for the\noperation, maintenance and use of each passenger station within the city\nof New York and the counties of Nassau, Suffolk, Westchester, Dutchess,\nPutnam, Orange, and Rockland shall be calculated by summing the total\namount listed in the base amount table plus an adjustment to such base\nyear amount equal to the base amount times the increase or decrease in\nthe Consumer Price Index for Wage Earners and Clerical Workers for the\nNew York, Northeastern-New Jersey Standard Metropolitan Statistical Area\nfor the twelve-month period being billed.\n BASE AMOUNT TABLE\n County Base Amount\n Nassau $19,200,000\n Suffolk $11,834,091\n Westchester $13,269,310\n Dutchess $ 1,581,880\n Putnam $ 618,619\n Orange $ 327,247\n Rockland $ 34,791\n City of New York $61,435,330\n b. For each year thereafter, such total payment for each such county\nshall be the same amount as the total payment during the immediately\nprior year, plus an adjustment equal to the prior year amount times the\nincrease or decrease in the Consumer Price Index for Wage Earners and\nClerical Workers for the New York, Northeastern-New Jersey Standard\nMetropolitan Statistical Area for the twelve-month period being billed.\n 2. On or before the following September first, of each year, such city\nand each such county shall pay to the authority such cost or amount so\ncertified to it on or before the preceding June first. Such city and\neach such county shall have power to finance such costs to it by the\nissuance of budget notes pursuant to section 29.00 of the local finance\nlaw. For the year beginning April first, two thousand four, the\nauthority, the city of New York and the counties of Nassau, Suffolk,\nWestchester, Dutchess, Putnam, Orange, and Rockland may, after having\nreached an agreement, recommend to the legislature modifications to the\namounts set forth above based upon changes made to commuter services\nincluding but not limited to changes in the number of passenger stations\nwithin such counties or the level of commuter rail service provided to\nany such passenger stations. Failure between the authority and between\nthe counties to reach agreement will be referred to the state\ncomptroller for mediation. If the mediation is unsuccessful, each party\nand the state comptroller may submit a recommendation to the governor\nand the legislature for legislative action.\n 3. In the event that a city or county shall fail to make payment to\nthe authority for station maintenance as required pursuant to this\nsection, or any part thereof, the chief executive officer of the\nauthority or such other person as the chairman shall designate shall\ncertify to the state comptroller the amount due and owing the authority\nat the end of the state fiscal year and the state comptroller shall\nwithhold an equivalent amount from the next succeeding state aid\nallocated to such county or city from the motor fuel tax and the motor\nvehicle registration fee distributed pursuant to former section one\nhundred twelve of the highway law, or amounts distributed pursuant to\nsection ten-c of the highway law, or per capita local assistance\npursuant to section fifty-four of the state finance law subject to the\nfollowing limitations: prior to withholding amounts due the authority\nfrom such county or city, the comptroller shall pay in full any amount\ndue the state of New York municipal bond bank agency, on account of any\nsuch county's or city's obligation to such agency; the city university\nconstruction fund pursuant to the provisions of the city university\nconstruction fund act; the New York city housing development\ncorporation, pursuant to the provisions of the New York city housing\ndevelopment corporation act (article twelve of the private housing\nfinance law); and the transit construction fund pursuant to the\nprovisions of title nine-A of article five of this chapter. The\ncomptroller shall give the director of the budget notification of any\nsuch payment. Such amount or amounts so withheld by the comptroller\nshall be paid to the authority and the authority shall use such amount\nfor the repayment of the state advances hereby authorized. When such\namount or amounts are received by the authority, it shall credit such\namounts against any amounts due and owing by the city or county on whose\naccount such amount was withheld and paid.\n