NY Pub Auth L § 1305 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11-C - Capital District Transportation Authority 1305 - Formulation, Filing and Adoption of Action Plan; Amendments.

§  1305.  Formulation, filing and adoption of action plan; amendments.   The authority shall formulate an action plan for  transportation  within   the  district.  In  formulating  such  action  plan, the authority shall   consult and  cooperate  with  the  commissioner,  the  capital  district   regional planning commission and the planning authorities in the area of   its   operations,   and   shall   utilize   state,   local  or  regional   transportation planning. The authority shall request  and  use  existing   studies,  plans, surveys, data and other materials completed by or under   development by any state agency or municipality or political subdivision   of the state. The authority shall file copies  of  such  plan  with  the   commissioner,  the  capital  district  regional planning commission, the   legislatures of the counties  of  Albany,  Schenectady,  Rensselaer  and   Saratoga,  and  with the legislative body of any other county within the   district affected by such plan,  as  hereinafter  stated,  except  where   applications for state or federal aid have been filed for any particular   transportation  undertaking  prior to the enactment of this legislation.   The plan shall contain information regarding the  transportation  system   that  the  authority  intends to provide including information regarding   the  facilities  connected  therewith,  the   services   the   authority   contemplates  providing  and the estimated costs and the proposed method   of financing. During sixty days after the filing of the action plan with   the commissioner, the capital district regional planning commission  and   with  the  legislative bodies as aforesaid, said plan shall be available   for public inspection at the office or offices of the authority  and  at   such  other  places  in  the areas affected, within the district, as the   authority may designate. Not earlier than thirty days after  the  filing   of said action plan with the commissioner, the capital district regional   planning  commission  and  such  legislative bodies, a public hearing on   said plan shall be held by the authority. Notice of such a hearing shall   be given to the commissioner, the  capital  district  regional  planning   commission,  and  the legislative bodies as aforesaid and by publication   once a week for two weeks prior to the said  hearing  at  the  time  and   place fixed by the authority in newspapers of general circulation within   the   areas  affected,  to  be  selected  by  the  authority.  The  last   publication date shall not be less than five days before  said  hearing.   Within  thirty  days  following said public hearing, the authority shall   provide a transcript of such hearing to the  commissioner,  the  capital   district  regional  planning  commission  and  the legislative bodies as   aforesaid, together with any amendments the authority may propose to the   action plan. The authority shall request approval of  the  action  plan,   including  such  amendments  as  the  authority  may  propose,  from the   commissioner and the aforementioned legislative bodies. Any part of said   plan which is  disapproved  by  a  county  because  it  alters  existing   services  or  the  financing thereof within said county shall not become   operative. The commissioner may disapprove any part of said plan  if  he   finds  that it conflicts with a state-wide comprehensive master plan for   transportation or the capital district transportation plan  or,  in  the   absence  of  such  plans,  would  have  an  adverse  effect  upon  sound   transportation development policy and planning. Any part of such plan so   disapproved by the commissioner shall not become operative.  Disapproval   of part or parts of the plan shall not make the entire plan inoperative.   If  any  of  such legislative bodies fail to act within sixty days or in   the case of the  commissioner  within  ninety  days  after  approval  is   requested,  said failure shall be deemed approval, and the authority may   adopt the action plan by a majority  vote  of  its  membership  and  may   include  changes,  if  any,  recommended  by said commissioner, planning   commission or said legislative bodies. The action plan may be amended from time to time in  the  same  manner   using  the  procedures outlined herein for the original adoption, except   that a proposed amendment which is recommended by the  legislative  body   or  bodies  of  all  the  counties  affected thereby and approved by the   commissioner  may  be  embodied  or  continued by a majority vote of the   authority without  additional  hearings  thereon  as  required  for  the   amendments proposed to be made.