2023 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.