Section 14-C. Intercity rail passenger service program  


Latest version.
  • 1. The department of
      transportation  may  cooperate  and  contract with the national railroad
      passenger corporation for any intercity rail passenger  services  deemed
      necessary,  convenient  or  desirable  by  the  commissioner, within the
      amounts available by appropriation therefor, as such services  are  made
      available  pursuant  to the provisions of the rail passenger service act
      of nineteen hundred seventy and  any  acts  amendatory  or  supplemental
      thereto,  subject  to  the  approval  of  the  director  of  the budget.
      Notwithstanding any inconsistent law, general,  special  or  local,  the
      commissioner,  as  funds  are made available for the purposes hereof, is
      hereby empowered to contract with such corporation and to do  all  other
      things  necessary,  convenient  or  desirable  on behalf of the state to
      secure the full benefits available under and pursuant to such  act,  and
      to contract and do all other things necessary as hereinafter provided on
      behalf  of  the  state  to  effect  the intercity rail passenger service
      program which he determines is necessary, convenient or desirable.
        2. The commissioner shall  coordinate  the  intercity  rail  passenger
      activities  of  the  state  and  other  interested  public  and  private
      organizations and persons to effectuate the purposes of this section and
      shall  have  the  responsibility  for  negotiating  with   the   federal
      government  with  respect  to intercity rail passenger service programs.
      The commissioner is authorized to enter into  joint  service  agreements
      between  the  state and any railroad company, any other state department
      or agency, the federal government, the Canadian  government,  any  other
      state or agency or instrumentality thereof, any public authority of this
      state  or  any other state, or any political subdivision or municipality
      of the state, relating to property, buildings,  structures,  facilities,
      services,   rates,  fares,  classifications,  dividends,  allowances  or
      charges (including charges  between  intercity  rail  passenger  service
      facilities),  or  rules  or  regulations  pertaining  thereto, for or in
      connection with or incidental to transportation in part  upon  intercity
      rail  passenger  service  facilities.  Intercity  rail passenger service
      facilities include the right of way and related trackage,  rails,  cars,
      locomotives,  or other rolling stock, signal, power, fuel, communication
      and ventilation systems,  power  plants,  stations,  terminals,  storage
      yards, repair and maintenance shops, yards, equipment and parts, offices
      and other real estate or personnel used or held for or incidental to the
      operation,  rehabilitation  or  improvement  of  any  railroad operating
      intercity rail passenger service or to operate such  service,  including
      but not limited to buildings, structures, and rail property.
        3.  The  commissioner  may  on  such  terms  and  conditions as he may
      determine necessary,  convenient  or  desirable,  establish,  construct,
      effectuate,  operate,  maintain, renovate, improve, extend or repair any
      such intercity rail passenger service facility or any  related  services
      and  activities,  or  may  provide  for such by contract, lease or other
      arrangement on such  terms  as  the  commissioner  may  deem  necessary,
      convenient   or  desirable  with  any  agency,  corporation  or  person,
      including but not limited to any railroad company, any state agency, the
      federal government, the Canadian government, any other state  or  agency
      or  instrumentality  thereof,  any public authority of this or any other
      state, or any political subdivision or municipality of the state.
        4. Any property, as such is defined  in  subdivision  two  of  section
      thirty  of  the  highway law which is necessary for the purposes of this
      subdivision may be acquired by the commissioner in the  same  manner  as
      property  is  acquired  for  state  highway  purposes  pursuant  to  the
      provisions of section thirty of the highway law.
        5. To avoid duplication of effort and in the interests of economy, the
      commissioner may make use of existing studies, surveys, plans, data  and
    
      other materials in the possession of any state agency or municipality or
      political subdivision of the state in order to carry out the purposes of
      this  section.  Each  such agency, municipality or subdivision is hereby
      authorized  to make the same available to the commissioner and otherwise
      to assist him in the performance of his functions.