§ 1279-B — Transition--election to withdraw from the metropolitan commuter transportation district

New York § 1279-B

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

Text

§ 1279-b. Transition--election to withdraw from the metropolitan\ncommuter transportation district. 1. The counties of Dutchess, Orange\nand Rockland shall have an option to withdraw from the metropolitan\ncommuter transportation district and have such withdrawal take effect on\neither: (a) January first, nineteen hundred eighty-seven. If any such\ncounty plans to withdraw from the district on January first, nineteen\nhundred eighty-seven, it shall (i) no later than seventy-five days after\nthe effective date of this section, furnish the commissioner of\ntransportation, and chairman of the authority and the other counties\nwhich have an option to withdraw, a resolution adopted by the county\nlegislature providing notice of intent to withdraw, (ii) on or before\nOctober first, nineteen hundred eighty-six, furnish to the commissioner\nof transportation, the chairman of the authority and other counties\nwhich have an option to withdraw, a resolution adopted by the county\nlegislature providing for a public transportation plan. For the purposes\nof this section, a "public transportation plan" shall mean a plan that\nmaintains adequate and continuous public transportation services from\nthe withdrawing county to the city of New York or any terminus\npreviously served, provides a reasonable level of rail passenger\nservice, provides a schedule for implementing such service, protects the\npublic investment in the rail transportation system and any other\ncriteria deemed necessary by the commissioner of transportation. Prior\nto withdrawal pursuant to this paragraph or paragraph (b) of this\nsubdivision, a county must receive approval of its public transportation\nplan pursuant to paragraph (c) of this subdivision, (iii) on or before\nDecember fifteenth, nineteen hundred eighty-six, furnish the\ncommissioner of transportation, a copy of an agreement with the\nauthority or an operator of rail passenger service for the provision of\nrail passenger service to and from such county and the city of New York\nor any terminus previously served.\n If a county planning to withdraw on January first, nineteen hundred\neighty-seven is unable to withdraw because it could not meet the\nrequirements of this paragraph, it may elect to withdraw pursuant to\nparagraph (b) of this subdivision hereafter.\n (b) January first, nineteen hundred eighty-eight or January first,\nnineteen hundred eighty-nine. If any such county plans to withdraw on\neither January first, nineteen hundred eighty-eight or January first,\nnineteen hundred eighty-nine, it shall (i) no later than ninety days\nafter the first of January of the year immediately preceding the year in\nwhich such county plans to withdraw from the district, furnish the\ncommissioner of transportation, the chairman of the authority and the\nother counties which have an option to withdraw, a resolution adopted by\nthe county legislature providing notice of intent to withdraw from the\ndistrict, (ii) no later than one hundred twenty days after the first of\nJanuary of the year immediately preceding the year in which such county\nplans to withdraw from the district furnish to the commissioner of\ntransportation, the chairman of the authority and the counties which\nhave an option to withdraw a resolution adopted by the county\nlegislature providing a public transportation plan as described in this\nsection, (iii) on or before October first of the year immediately\npreceding the year in which such county plans to withdraw from the\ndistrict, furnish to the commissioner a copy of an agreement with the\nauthority or an operator of rail passenger service for the provision of\nrail passenger service to and from such county and the city of New York\nor any terminus previously served.\n (c) No later than thirty days after receipt of the public\ntransportation plan the commissioner of transportation shall, in\nwriting, either approve such plan as conforming with the requirements\nheretofore described or disapprove such plan as failing to meet such\nrequirements and the reasons therefor. Disapproval of a plan shall not\nprohibit a county from resubmitting a public transportation plan and\nsuch resubmitted plan shall be approved or disapproved no later than\nfifteen days after receipt by the commissioner of transportation. The\npublic transportation plan shall be subject to any state or federal\npublic hearing requirements which the authority would be subject to if\nthe authority made the changes proposed by such plan.\n (d) Any such county which plans to withdraw from the district must\nmeet the requirements of this section prior to the effective date of\nwithdrawal, and no withdrawal for the purposes of this section shall\ntake effect unless such county furnishes the resolutions and agreement\nprior to the effective date of withdrawal.\n 2. The authority and any subsidiary corporation of the authority shall\nenter into an agreement or agreements with a county that plans to\nwithdraw from the district to transfer and assign to such county all\nauthority and subsidiary railroad facilities and operations, rights and\nobligations, and contract rights and obligations, including operating\ncontract rights and obligations, which are owned, operated, maintained\nor used directly or by contract or which are otherwise involved in the\nprovision of railroad services to such counties. Such agreement shall\nprovide, in the event a facility, operation, right or obligation is\nnecessary and material to the provision of rail passenger service in the\ndistrict or is not assignable under applicable bond covenants or\ncontracts or the parties agree that it should not be assigned, that the\nauthority or subsidiary thereof shall continue to hold and be\nresponsible for such facility, operation, right or obligation and that\nsuch county shall reimburse to the authority that portion of the cost to\nthe authority or subsidiary of its retention of such facility,\noperation, right or obligation that is allocable to such county. If the\nparties agree that the authority or subsidiary thereof shall operate the\nrailroad facilities in a county after the effective date of such\ncounty's withdrawal, the agreement also shall provide for the terms and\nconditions of the operation of such service.\n 3. Within forty-five days of the effective date of this section, the\nauthority and any subsidiary corporation of the authority shall provide\nto the counties of Dutchess, Orange and Rockland a written statement,\nincluding cost estimates and the useful life, if any, of all of its\nfacilities, operations, rights and obligations relating to the provision\nof rail service in such counties.\n 4. The authority and any subsidiary corporation of the authority is\nauthorized to enter into an agreement or agreements with a county that\nplans to withdraw from the district, pursuant to which the authority or\nsubsidiary thereof will provide technical assistance to such county\nprior to, during and after the withdrawal, with respect to the transfer\nof ownership, operation, maintenance and use of railroad facilities\nwithin such county. Such agreement may provide that the county reimburse\nthe authority or its subsidiary for the cost to the authority and its\nsubsidiary for the provision of such technical assistance.\n 5. The authority shall have no obligation to undertake or continue any\nproject or part thereof in a current or future capital program plan\nwhich pertains to railroad facilities within or services to a county\nthat withdraws from the district on or after such date of withdrawal nor\nshall the authority enter into any contract for a project or part\nthereof which would increase liabilities pursuant to subdivision six of\nthis section in a county after such county notifies the authority of its\nintent to withdraw as provided in subdivision one of this section,\nprovided, however, that if the authority has executed a contract for the\neffectuation of a project or part thereof in a capital program plan in\nsuch county, it shall be assigned to such county in accordance with\nsubdivision two of this section, unless the parties agree that it shall\nnot be assigned and that the authority or its subsidiary shall continue\nto be responsible therefor, in which event the county shall reimburse\nthe authority or its subsidiary in accordance with the provisions of\nsubdivision two of this section.\n 6. Any county which withdraws from the district shall reimburse to the\nauthority or its subsidiary, within the time period agreed to by the\nparties, any capital expenditures heretofore undertaken by the authority\nor its subsidiary for railroad facilities only within such county which\nwere financed by commuter railroad revenue bonds issued by the\nmetropolitan transportation authority pursuant to section twelve hundred\nsixty-nine of this article and are assigned to such county in accordance\nwith the provisions of subdivision two of this section.\n 7. The obligations of a county that withdraws from the district to\nreimburse the authority and any subsidiary corporation of the authority\nfor the costs of operation, maintenance and use of passenger stations\npursuant to section twelve hundred seventy-seven of this article, shall\ncontinue for any such costs incurred up to the effective date of the\ncounty's withdrawal from the district and for costs incurred thereafter\nthat result from acts preceding such withdrawal, and the applicability\nof the payment provisions and procedures of such section twelve hundred\nseventy-seven to such county shall continue thereafter with respect to\nthe aforesaid costs.\n 8. In the event of a county's failure to make payment of any monies\ndetermined by the authority to be owed and due it or any subsidiary\ncorporation of the authority pursuant to the terms of any agreement\nentered into pursuant to this section, the authority is authorized to\nrecover such payments in the same manner as in section twelve hundred\nseventy-seven of this article and the state comptroller shall withhold\nand pay monies to the authority in accordance with the procedures set\nforth in that section.\n 9. The term of office of any resident of a county that withdraws from\nthe district under this section, as a member of the board of the\nauthority, the Metro-North rail commuter council or the management\nadvisory board, which is based upon residence in such county, shall\nterminate upon the county's withdrawal and the office shall be deemed\nvacant and filled in the manner provided by law.\n 10. The provisions of this section and all agreements undertaken in\naccordance herewith shall be subject to the rights of the holders of any\noutstanding bonds or notes issued by the authority.\n