N.Y. Public Authorities Law Section 1279-B
Transition--election to withdraw from the metropolitan commuter transportation district


1.

The counties of Dutchess, Orange and Rockland shall have an option to withdraw from the metropolitan commuter transportation district and have such withdrawal take effect on either:

(a)

January first, nineteen hundred eighty-seven. If any such county plans to withdraw from the district on January first, nineteen hundred eighty-seven, it shall (i) no later than seventy-five days after the effective date of this section, furnish the commissioner of transportation, and chairman of the authority and the other counties which have an option to withdraw, a resolution adopted by the county legislature providing notice of intent to withdraw, (ii) on or before October first, nineteen hundred eighty-six, furnish to the commissioner of transportation, the chairman of the authority and other counties which have an option to withdraw, a resolution adopted by the county legislature providing for a public transportation plan. For the purposes of this section, a “public transportation plan” shall mean a plan that maintains adequate and continuous public transportation services from the withdrawing county to the city of New York or any terminus previously served, provides a reasonable level of rail passenger service, provides a schedule for implementing such service, protects the public investment in the rail transportation system and any other criteria deemed necessary by the commissioner of transportation. Prior to withdrawal pursuant to this paragraph or paragraph (b) of this subdivision, a county must receive approval of its public transportation plan pursuant to paragraph (c) of this subdivision, (iii) on or before December fifteenth, nineteen hundred eighty-six, furnish the commissioner of transportation, a copy of an agreement with the authority or an operator of rail passenger service for the provision of rail passenger service to and from such county and the city of New York or any terminus previously served. If a county planning to withdraw on January first, nineteen hundred eighty-seven is unable to withdraw because it could not meet the requirements of this paragraph, it may elect to withdraw pursuant to paragraph (b) of this subdivision hereafter.

(b)

January first, nineteen hundred eighty-eight or January first, nineteen hundred eighty-nine. If any such county plans to withdraw on either January first, nineteen hundred eighty-eight or January first, nineteen hundred eighty-nine, it shall (i) no later than ninety days after the first of January of the year immediately preceding the year in which such county plans to withdraw from the district, furnish the commissioner of transportation, the chairman of the authority and the other counties which have an option to withdraw, a resolution adopted by the county legislature providing notice of intent to withdraw from the district, (ii) no later than one hundred twenty days after the first of January of the year immediately preceding the year in which such county plans to withdraw from the district furnish to the commissioner of transportation, the chairman of the authority and the counties which have an option to withdraw a resolution adopted by the county legislature providing a public transportation plan as described in this section, (iii) on or before October first of the year immediately preceding the year in which such county plans to withdraw from the district, furnish to the commissioner a copy of an agreement with the authority or an operator of rail passenger service for the provision of rail passenger service to and from such county and the city of New York or any terminus previously served.

(c)

No later than thirty days after receipt of the public transportation plan the commissioner of transportation shall, in writing, either approve such plan as conforming with the requirements heretofore described or disapprove such plan as failing to meet such requirements and the reasons therefor. Disapproval of a plan shall not prohibit a county from resubmitting a public transportation plan and such resubmitted plan shall be approved or disapproved no later than fifteen days after receipt by the commissioner of transportation. The public transportation plan shall be subject to any state or federal public hearing requirements which the authority would be subject to if the authority made the changes proposed by such plan.

(d)

Any such county which plans to withdraw from the district must meet the requirements of this section prior to the effective date of withdrawal, and no withdrawal for the purposes of this section shall take effect unless such county furnishes the resolutions and agreement prior to the effective date of withdrawal.

2.

The authority and any subsidiary corporation of the authority shall enter into an agreement or agreements with a county that plans to withdraw from the district to transfer and assign to such county all authority and subsidiary railroad facilities and operations, rights and obligations, and contract rights and obligations, including operating contract rights and obligations, which are owned, operated, maintained or used directly or by contract or which are otherwise involved in the provision of railroad services to such counties. Such agreement shall provide, in the event a facility, operation, right or obligation is necessary and material to the provision of rail passenger service in the district or is not assignable under applicable bond covenants or contracts or the parties agree that it should not be assigned, that the authority or subsidiary thereof shall continue to hold and be responsible for such facility, operation, right or obligation and that such county shall reimburse to the authority that portion of the cost to the authority or subsidiary of its retention of such facility, operation, right or obligation that is allocable to such county. If the parties agree that the authority or subsidiary thereof shall operate the railroad facilities in a county after the effective date of such county’s withdrawal, the agreement also shall provide for the terms and conditions of the operation of such service.

3.

Within forty-five days of the effective date of this section, the authority and any subsidiary corporation of the authority shall provide to the counties of Dutchess, Orange and Rockland a written statement, including cost estimates and the useful life, if any, of all of its facilities, operations, rights and obligations relating to the provision of rail service in such counties.

4.

The authority and any subsidiary corporation of the authority is authorized to enter into an agreement or agreements with a county that plans to withdraw from the district, pursuant to which the authority or subsidiary thereof will provide technical assistance to such county prior to, during and after the withdrawal, with respect to the transfer of ownership, operation, maintenance and use of railroad facilities within such county. Such agreement may provide that the county reimburse the authority or its subsidiary for the cost to the authority and its subsidiary for the provision of such technical assistance.

5.

The authority shall have no obligation to undertake or continue any project or part thereof in a current or future capital program plan which pertains to railroad facilities within or services to a county that withdraws from the district on or after such date of withdrawal nor shall the authority enter into any contract for a project or part thereof which would increase liabilities pursuant to subdivision six of this section in a county after such county notifies the authority of its intent to withdraw as provided in subdivision one of this section, provided, however, that if the authority has executed a contract for the effectuation of a project or part thereof in a capital program plan in such county, it shall be assigned to such county in accordance with subdivision two of this section, unless the parties agree that it shall not be assigned and that the authority or its subsidiary shall continue to be responsible therefor, in which event the county shall reimburse the authority or its subsidiary in accordance with the provisions of subdivision two of this section.

6.

Any county which withdraws from the district shall reimburse to the authority or its subsidiary, within the time period agreed to by the parties, any capital expenditures heretofore undertaken by the authority or its subsidiary for railroad facilities only within such county which were financed by commuter railroad revenue bonds issued by the metropolitan transportation authority pursuant to § 1269 (Notes, bonds and other obligations of the authority)section twelve hundred sixty-nine of this article and are assigned to such county in accordance with the provisions of subdivision two of this section.

7.

The obligations of a county that withdraws from the district to reimburse the authority and any subsidiary corporation of the authority for the costs of operation, maintenance and use of passenger stations pursuant to § 1277 (Station operation and maintenance)section twelve hundred seventy-seven of this article, shall continue for any such costs incurred up to the effective date of the county’s withdrawal from the district and for costs incurred thereafter that result from acts preceding such withdrawal, and the applicability of the payment provisions and procedures of such section twelve hundred seventy-seven to such county shall continue thereafter with respect to the aforesaid costs.

8.

In the event of a county’s failure to make payment of any monies determined by the authority to be owed and due it or any subsidiary corporation of the authority pursuant to the terms of any agreement entered into pursuant to this section, the authority is authorized to recover such payments in the same manner as in § 1277 (Station operation and maintenance)section twelve hundred seventy-seven of this article and the state comptroller shall withhold and pay monies to the authority in accordance with the procedures set forth in that section.

9.

The term of office of any resident of a county that withdraws from the district under this section, as a member of the board of the authority, the Metro-North rail commuter council or the management advisory board, which is based upon residence in such county, shall terminate upon the county’s withdrawal and the office shall be deemed vacant and filled in the manner provided by law.

10.

The provisions of this section and all agreements undertaken in accordance herewith shall be subject to the rights of the holders of any outstanding bonds or notes issued by the authority.

Source: Section 1279-B — Transition--election to withdraw from the metropolitan commuter transportation district, https://www.­nysenate.­gov/legislation/laws/PBA/1279-B (updated Sep. 22, 2014; accessed Jul. 13, 2024).

1260
Short title
1261
Definitions
1262
Metropolitan commuter transportation district
1263
Metropolitan transportation authority
1264
Purposes of the authority
1264‑A
State of emergency
1265
General powers of the authority
1265‑A
Contracts
1265‑B
Metropolitan transportation authority small business mentoring program
1266
Special powers of the authority
1266‑A
Medical emergency services
1266‑B
Medical emergency services plan
1266‑C
Transit projects
1266‑D
Long Island rail road commuter’s council
1266‑E
Metro-North rail commuter council
1266‑F
Medical emergency services plan
1266‑G
Excess loss fund
1266‑H
Authority police force
1266‑I
The permanent citizens advisory committee
1266‑J
Metropolitan transportation authority pledge to customers
1266‑K
Expired fare transfer policy
1266‑L
Surveillance cameras
1266‑L*2
Light duty for employees
1266‑M
Information concerning services for human trafficking victims
1267
Acquisition and disposition of real property
1267‑A
Acquisition and disposition of real property by department of transportation
1267‑B
Transit facilities for transit construction fund
1268
Co-operation and assistance of other agencies
1268‑A
Promotion of qualified transportation fringes
1269
Notes, bonds and other obligations of the authority
1269‑A
Metropolitan transportation authority capital program review board
1269‑B
Capital program plans
1269‑C
Metropolitan transportation authority capital program review board
1269‑D
Submission of strategic operation plan
1269‑E
Financial and operational reports
1269‑F
Mission statement and measurement report
1269‑G
Requirements for certain authority contracts and related subcontracts
1270
Reserve funds and appropriations
1270‑A
Metropolitan transportation authority special assistance fund
1270‑B
Metropolitan transportation authority Dutchess, Orange and Rockland fund
1270‑C
Metropolitan transportation authority dedicated tax fund
1270‑D
Consolidated financings
1270‑E
Implementation of the Transportation Infrastructure Bond Act of 2000
1270‑F
Implementation of the rebuild and renew New York transportation bond act of two thousand five
1270‑G
Regulation of certain authority expenditures
1270‑H
Metropolitan transportation authority finance fund
1270‑I
New York city transportation assistance fund
1270‑J
Metropolitan transportation authority commercial gaming revenue fund
1271
Agreement of the state
1272
Right of state to require redemption of bonds
1273
Remedies of noteholders and bondholders
1274
Notes and bonds as legal investment
1275
Exemption from taxation
1276
Actions against the authority
1276‑A
Annual audit of authority
1276‑B
Authority budget and financial plan
1276‑C
Independent audit of authority
1276‑D
Independent audit by the legislature
1276‑E
Reporting
1276‑F
Metropolitan transportation authority transit performance metrics
1277
Station operation and maintenance
1277‑A
Transfer and receipt of surplus funds
1278
Title not affected if in part unconstitutional or ineffective
1279
Metropolitan transportation authority inspector general
1279‑A
Management advisory board
1279‑B
Transition--election to withdraw from the metropolitan commuter transportation district
1279‑C
The office of legislative and community input
1279‑D
Supplemental revenue reporting program
1279‑E
Assignment, transfer, sharing or consolidating powers, functions or activities
1279‑F
Independent forensic audit
1279‑G
Major construction review unit
1279‑H
Debarment
1279‑I
Open data reporting
1279‑L
Right to share employees

Accessed:
Jul. 13, 2024

Last modified:
Sep. 22, 2014

§ 1279-B’s source at nysenate​.gov

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