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

§ 14-d. Rail service preservation. 1. Authorization is hereby given to   the commissioner of transportation:a.  to acquire, by purchase, gift, grant, transfer, contract or lease,   any rail transportation facility with the state, or any part thereof, or   the use thereof, and to utilize any such rail  transportation  facility,   or  any property acquired pursuant to the provisions of section eighteen   of this chapter, for the purposes of rail transportation service thereon   or therewith;b. to enter into contracts  with  any  person,  firm,  corporation  or   agency, including but not limited to any railroad company, 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,   for  the  purpose  of  providing,   maintaining   and   improving   rail   transportation service on the rail transportation facilities thereof;c.  to  sell,  lease  or otherwise contract for the utilization of any   rail transportation facilities, or portion thereof,  owned  or  acquired   pursuant  to  this  section  or  pursuant  to  section  eighteen of this   chapter, for the purpose of providing  for,  maintaining  and  improving   rail transportation service thereon.* d.  to  acquire  by  eminent  domain, pursuant to the eminent domain   procedure law and section thirty  of  the  highway  law,  any  property,   property  rights  or property interests, including easements, air rights   and subsurface rights, whether or not now or  previously  designated  as   parkland,   or   otherwise  dedicated  to  a  public  use  as  parkland,   (hereinafter "property interests"), and, provided with respect  to  real   property  now  or  previously  designated as parkland, just compensation   therefor shall be calculated as an amount equal to  the  appraised  fair   market  value  of  the parkland being discontinued, and further provided   only to the extent that such property interests are, in the judgement of   the  commissioner,  necessary  for  the  construction,  use,  occupancy,   operation,  and  maintenance  of an airport access mass transit facility   for LaGuardia airport  via  elevated  guideway,  and  related  ancillary   facilities  for  airport  access  mass  transit maintenance, parking for   persons using the airport access mass transit  facility  and  additional   limited purposes directly related to operation of an airport access mass   transit  project,  temporary  laydown  and  construction  areas, and air   rights and subsurface rights related to an elevated guideway,  including   appropriate  entry  and exit points for users of the airport access mass   transit facility and any property interests necessary for an  adjustment   of  the  piers  supporting  the  pedestrian  bridges  crossing the Grand   Central Parkway to maintain accessibility, and  any  vehicle  entry  and   exit  points  to  the Grand Central Parkway located along either side of   the corridor, in all cases running along a route from LaGuardia  airport   on  or near the Grand Central Parkway, thence along the edge of the Citi   Field parking lot previously alienated for stadium use,  next  alongside   the  existing  elevated  track  for  the No. 7 subway and terminating at   subway rail yards and other transportation  staging  and  storage  areas   within  a  corridor  more specifically defined pursuant to section three   hundred forty-nine-g of the highway law; and to utilize, or sell, lease,   contract, or otherwise transfer the acquired property interests together   with property interests  it  otherwise  holds  and/or  grant  easements,   licenses,  permits,  concessions  or  other  authorizations, to the Port   Authority of New York and New  Jersey  to  facilitate  the  construction   (including  temporary laydown), and permanent use, occupancy, operation,   and maintenance of the airport access  mass  transit  facility,  related   ancillary  facilities  for  airport  access  mass  transit  maintenance,   parking for persons using the airport access mass transit  facility  and    additional  limited purposes directly related to operation of an airport   access mass transit project; provided however, this subdivision does not   authorize acquisition of property interests for a self-standing facility   constructed to house premises for automobile rental operations.* NB  Repealed  June  25, 2028 only if no property interests have been   acquired pursuant to chapter 78 of 20182. The commissioner, may, subject to the concurrence of  the  director   of the budget:a.  Operate,  maintain, renovate, repair, improve, extend or establish   any rail transportation facility or any related services and activities,   or may provide therefor by contract, lease or other arrangement with any   person, firm, corporation or agency, including but not  limited  to  any   railroad  company,  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.b. Enter into joint service agreements on behalf of the state with any   railroad company, and 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,  or   rules  or  regulations  pertaining thereto, for or in connection with or   incidental to transportation in part upon rail transportation facilities   provided pursuant to this section.c. Acquire by purchase, gift, grant, transfer, contract or  lease  any   rail  transportation  facility,  or  any  part thereof, necessary for or   incidential to the effectuation of the purposes of this section.d. Utilize federal monies available or which may become  available  to   the state for the purpose of effectuating the provisions of this section   and  enter  into  any  necessary  agreements  required  to  meet federal   standards and criteria in connection therewith.e. Establish, levy and collect or cause to be established, levied  and   collected  and,  in  the  case of a joint service arrangement, join with   others in the establishment, levy and collection of such  fares,  tolls,   rentals,  rates,  charges  and  other  fees  as  he  may deem necessary,   convenient or desirable for the use  and  operation  of  any  such  rail   transportation facility and related services.f.  Sell,  transfer, lease or contract for the sale, transfer or lease   of any rail transportation facility, or any part thereof, necessary  for   or incidental to the effectuation of the purposes of this section.g.  Do  all things necessary, convenient or desirable to carry out the   purposes of this section.3. For the purposes of this section,  the  term  "rail  transportation   facility"  shall  include  railroad  rights  of way as well as trackage,   rails,  cars,  locomotives,  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 incidental real estate or personalty  used   or   held   for  or  incidental  to  the  operation,  rehabilitation  or   improvement of any railroad operating rail  passenger  or  rail  freight   transportation services, or to operate such services, including, but not   limited to buildings, structures and rail property.4.  Notwithstanding  the  provisions  of  any other general special or   local law, expenses of the  department  of  transportation  incurred  in   connection  with  the  provision  of  rail  transportation  services  as   authorized by this section, may, with the approval of  the  director  of    the budget, be paid out of the gross revenues, if any, received pursuant   to  the  authorization  herein  contained. All other revenues surplus to   these expenses shall be paid into the state treasury to  the  credit  of   the general fund.