N.Y. Transportation Law § 19: Interstate high speed intercity rail passenger network compact

§ 19. Interstate high speed intercity rail passenger network compact.

The interstate high speed intercity rail passenger network compact is

hereby ratified, enacted into law and entered into with all other

jurisdictions legally joining therein in form substantially as follows:

INTERSTATE HIGH SPEED INTERCITY

RAIL PASSENGER NETWORK COMPACT

ARTICLE I

POLICY AND PURPOSE

Because the beneficial service of and profitability of a high speed

intercity rail passenger system would be enhanced by establishing such a

system which would operate across state lines, it is the policy of the

states party to this compact to cooperate and share jointly the

administrative and financial responsibilities of preparing a feasibility

study concerning the operation of such a system connecting major cities

in Ohio, Indiana, Michigan, New York, Pennsylvania, Illinois, West

Virginia and Kentucky.

ARTICLE II

COOPERATION

The states of Ohio, Indiana, Michigan, New York, Pennsylvania,

Illinois, West Virginia and Kentucky, hereinafter referred to as

participating states, agree to, upon adoption of this compact by the

respective states, jointly conduct and participate in a high speed

intercity rail passenger feasibility study by providing such information

and data as is available and may be requested by a participating state

or any consulting firms representing a participating state or the

compact. It is mutually understood by the participating states that such

information shall not include matters not of public record or of a

nature considered to be privileged and confidential unless the state

providing such information agrees to waive the confidentiality.

The participating states further agree to: 1. make available to each

other and to any consulting firm representing the member states or the

compact such assistance as may be legal, proper and available, including

but not limited to personnel, equipment, office space, machinery,

computers, engineering and technical advice and services; and

2. provide such financial assistance for the implementation of the

feasibility study as may be legal, proper and available.

ARTICLE III

INTERSTATE RAIL PASSENGER ADVISORY COUNCIL

There is hereby created an interstate rail passenger advisory council,

the membership of which shall consist of two representatives from each

participating state, one representative from each state shall hold a

bachelor of science degree in either engineering or transportation

science, and shall be appointed by the governor of the participating

state and the other shall be the chairman of the state's railroad

authority, but in the event said state does not have a railroad

authority, the second member shall be the director of the participating

state's transportation agency. The members shall select designees who

shall serve in the absence of the members. The advisory council shall

meet within thirty days after ratification of this agreement by at least

two participating states and establish rules for the conduct of the

advisory council's business.

The advisory council shall coordinate all aspects of the highspeed

intercity rail passenger feasibility study relative to interstate

connections and shall do all other things necessary and proper for the

completion of the feasibility study.

ARTICLE IV

EFFECTIVE DATE

This compact shall become effective upon the adoption of the compact

into law by two or more of the participating states. Thereafter, it

shall enter into force and effect as to any other participating state

upon the enactment thereof by such state. This compact shall continue

in force with respect to a participating state and remain binding upon

such state until six months after such state has given notice to each

other participating state of the repeal thereof. Such withdrawal shall

not be construed to relieve any participating state from any obligation

incurred prior to the end of the state's participation in the compact as

provided herein.

ARTICLE V

CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the

purposes thereof. The provisions of this compact shall be severable and

if any phrase, clause, sentence, or provision of this compact is

declared to be contrary to the constitution of any participating state

or of the United States, or the applicability thereof to any government,

agency, person, or circumstance is held invalid, the validity of the

remainder of this compact and the applicability thereof to any

government, agency, person, or circumstance shall not be affected

thereby. If this compact shall be held contrary to the constitution of

any participating state, the compact shall remain in full force and

effect as to the remaining states and in full force and effect as to the

state affected as to all severable matters.