N.Y. Public Authorities Law § 1277: Station operation and maintenance

§ 1277. Station operation and maintenance. 1. 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.

a. 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

b. 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.

2. 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.

3. 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.