Laws of New York (Last Updated: November 21, 2014) |
TRA Transportation |
Article 2. POWERS, DUTIES AND JURISDICTION OF THE DEPARTMENT OF TRANSPORTATION |
Section 14-C. Intercity rail passenger service program
Latest version.
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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.