N.Y. Transportation Law § 14-c: Intercity rail passenger service program

§ 14-c. Intercity rail passenger service program. * 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.

* NB Effective until the enactment into law by the state of New Jersey

of certain legislation (see chapter 108/2019 § 10 sb (a))

* 1. The department of transportation may cooperate and contract with

the national railroad passenger corporation or if deemed necessary,

desirable or convenient by the commissioner to facilitate the purposes

of this section, with gateway development commission to the extent that

commission is so authorized to act under its authorizing statute, 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 or pursuant to reimbursement

available from the gateway development commission, any railroad company,

any other state or agency, the federal government, any public authority

of this state or any other state or two or more states, or any political

subdivision or municipality of the state. 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 or Commission 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 any other

federal act which provides funding for intercity rail passenger

services, and to contract and do all other things necessary as

hereinafter provided on behalf of the state to effect and facilitate

intercity rail passenger services which he determines is necessary,

convenient or desirable and the department of transportation may

cooperate and contract with gateway development commission for passenger

rail activities, to the extent that gateway development commission is so

authorized to act under its authorizing statute, provided, however, that

the department of transportation shall only contract with the gateway

development commission if such contract is approved by that commission's

board in accordance with its authorizing statute.

* NB Effective upon the enactment into law by the state of New Jersey

of certain legislation and repealed 15 years from effective date but

only repealed if federal funding that is necessary has not been granted

(see chapter 108/2019 § 10 sb (a) and sb (c))

* 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.

* NB Effective upon the repeal of the amendments enacted by chapter

108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))

* 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.

* NB Effective until the enactment into law by the state of New Jersey

of certain legislation (see chapter 108/2019 § 10 sb (a))

* 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

and other 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 two or more states,

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, tunnels, 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.

* NB Effective upon the enactment into law by the state of New Jersey

of certain legislation and repealed 15 years from effective date but

only repealed if federal funding that is necessary has not been granted

(see chapter 108/2019 § 10 sb (a) and sb (c))

* 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.

* NB Effective upon the repeal of the amendments enacted by chapter

108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))

* 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.

* NB Effective until the enactment into law by the state of New Jersey

of certain legislation (see chapter 108/2019 § 10 sb (a))

* 3. Notwithstanding any other provision of law, general, special,

charter or local, 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 two or more states, or any political subdivision or

municipality of the state.

* NB Effective until the enactment into law by the state of New Jersey

of certain legislation (see chapter 108/2019 § 10 sb (a))

* 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.

* NB Effective upon the repeal of the amendments enacted by chapter

108 of 2019 § 3 (see chapter 108/2019 § 10 sb (a))

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.