NY Transp L § 14-C (2021)
2021 New York Laws TRA - Transportation Article 2 - Powers, Duties and Jurisdiction of the Department of Transportation 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.