Section 1277. Station operation and maintenance  


Latest version.
  • The operation, maintenance
      and use of passenger stations shall be public purposes of  the  city  of
      New  York  and  the  counties within the district. The total cost to the
      authority  and  each  of  its  subsidiary  corporations  of   operation,
      maintenance  and  use  of  each  passenger  station  within the district
      serviced by one or more railroad facilities of the authority or of  such
      subsidiary   corporation,   including   the   buildings,  appurtenances,
      platforms, lands and approaches incidental or adjacent thereto, shall be
      borne by the city of New York if such station is located  in  such  city
      or,  if  not located in such city, by such county within the district in
      which such station is located. On or before June first of each year, the
      authority  shall,  in  accordance  with  the  method  specified  herein,
      determine  and certify to the city of New York and to each county within
      the  district  the  respective  allocation  of  costs  related  to   the
      operation,  maintenance  and  use of passenger stations within such city
      and each such other county, for  the  twelve  month  period  ending  the
      preceding March thirty-first.
      For  the  year commencing April first, nineteen hundred ninety-nine, the
      total payment amount to be billed by the authority  for  the  operation,
      maintenance  and  use  of  each passenger station within the city of New
      York and the counties of Nassau, Suffolk, Westchester, Dutchess, Putnam,
      Orange, and Rockland shall be calculated by  summing  the  total  amount
      listed  in  the  base  amount table plus an adjustment to such base year
      amount equal to the base amount times the increase or  decrease  in  the
      Consumer  Price  Index for Wage Earners and Clerical Workers for the New
      York, Northeastern-New Jersey Standard Metropolitan Statistical Area for
      the twelve-month period being billed.
     
                                  BASE AMOUNT TABLE
             County                                Base Amount
             Nassau                                $19,200,000
             Suffolk                               $11,834,091
             Westchester                           $13,269,310
             Dutchess                              $ 1,581,880
             Putnam                                $   618,619
             Orange                                $   327,247
             Rockland                              $    34,791
             City of New York                      $61,435,330
     
      For each year thereafter, such total payment for each such county  shall
      be  the  same  amount  as the total payment during the immediately prior
      year, plus an adjustment equal  to  the  prior  year  amount  times  the
      increase  or  decrease  in the Consumer Price Index for Wage Earners and
      Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
      Metropolitan Statistical Area for the twelve-month period being billed.
        On  or  before  the following September first, of each year, such city
      and each such county shall pay to the authority such cost or  amount  so
      certified  to  it  on  or before the preceding June first. Such city and
      each such county shall have power to finance such costs  to  it  by  the
      issuance  of budget notes pursuant to section 29.00 of the local finance
      law. For  the  year  beginning  April  first,  two  thousand  four,  the
      authority,  the  city  of  New York and the counties of Nassau, Suffolk,
      Westchester, Dutchess, Putnam, Orange, and Rockland  may,  after  having
      reached  an agreement, recommend to the legislature modifications to the
      amounts set forth above based upon changes  made  to  commuter  services
      including but not limited to changes in the number of passenger stations
      within  such  counties or the level of commuter rail service provided to
      any such passenger stations. Failure between the authority  and  between
    
      the   counties  to  reach  agreement  will  be  referred  to  the  state
      comptroller for mediation. If the mediation is unsuccessful, each  party
      and  the  state  comptroller may submit a recommendation to the governor
      and the legislature for legislative action.
        In  the  event that a city or county shall fail to make payment to the
      authority for station maintenance as required pursuant to this  section,
      or  any  part  thereof,  the chief executive officer of the authority or
      such other person as the chairman shall designate shall certify  to  the
      state  comptroller  the amount due and owing the authority at the end of
      the state fiscal year  and  the  state  comptroller  shall  withhold  an
      equivalent  amount  from the next succeeding state aid allocated to such
      county  or  city  from  the  motor  fuel  tax  and  the  motor   vehicle
      registration  fee  distributed  pursuant  to  former section one hundred
      twelve of the highway law, or amounts distributed  pursuant  to  section
      ten-c  of  the  highway  law, or per capita local assistance pursuant to
      section fifty-four of the state finance law  subject  to  the  following
      limitations:  prior  to  withholding amounts due the authority from such
      county or city, the comptroller shall pay in full  any  amount  due  the
      state  of  New  York  municipal bond bank agency, on account of any such
      county's or city's  obligation  to  such  agency;  the  city  university
      construction  fund  pursuant  to  the  provisions of the city university
      construction  fund  act;  the  New   York   city   housing   development
      corporation,  pursuant  to  the  provisions of the New York city housing
      development corporation act  (article  twelve  of  the  private  housing
      finance  law);  and  the  transit  construction  fund  pursuant  to  the
      provisions of  title  nine-A  of  article  five  of  this  chapter.  The
      comptroller  shall  give  the director of the budget notification of any
      such payment. Such amount or amounts  so  withheld  by  the  comptroller
      shall  be  paid to the authority and the authority shall use such amount
      for the repayment of the state advances  hereby  authorized.  When  such
      amount  or  amounts  are received by the authority, it shall credit such
      amounts against any amounts due and owing by the city or county on whose
      account such amount was withheld and paid.