2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11 - Metropolitan Commuter Transportation Authority › 1279-B - Transition--Election to Withdraw From the Metropolitan Commuter Transportation District.

§  1279-b.  Transition--election  to  withdraw  from  the metropolitan
commuter transportation district. 1. The counties  of  Dutchess,  Orange
and  Rockland  shall  have  an  option to withdraw from the metropolitan
commuter transportation district and have such withdrawal take effect on
either: (a) January first, nineteen hundred eighty-seven.  If  any  such
county  plans  to  withdraw from the district on January first, nineteen
hundred eighty-seven, it shall (i) no later than seventy-five days after
the  effective  date  of  this  section,  furnish  the  commissioner  of
transportation,  and  chairman  of  the authority and the other counties
which have an option to withdraw, a resolution  adopted  by  the  county
legislature  providing  notice  of intent to withdraw, (ii) on or before
October first, nineteen hundred eighty-six, furnish to the  commissioner
of  transportation,  the  chairman  of  the authority and other counties
which have an option to withdraw, a resolution  adopted  by  the  county
legislature providing for a public transportation plan. For the purposes
of  this  section, a "public transportation plan" shall mean a plan that
maintains adequate and continuous public  transportation  services  from
the  withdrawing  county  to  the  city  of  New  York  or  any terminus
previously  served,  provides  a  reasonable  level  of  rail  passenger
service, provides a schedule for implementing such service, protects the
public  investment  in  the  rail  transportation  system  and any other
criteria deemed necessary by the commissioner of  transportation.  Prior
to  withdrawal  pursuant  to  this  paragraph  or  paragraph (b) of this
subdivision, a county must receive approval of its public transportation
plan pursuant to paragraph (c) of this subdivision, (iii) on  or  before
December   fifteenth,   nineteen   hundred   eighty-six,   furnish   the
commissioner  of  transportation,  a  copy  of  an  agreement  with  the
authority  or an operator of rail passenger service for the provision of
rail passenger service to and from such county and the city of New  York
or any terminus previously served.
If  a  county  planning to withdraw on January first, nineteen hundred
eighty-seven is unable  to  withdraw  because  it  could  not  meet  the
requirements  of  this  paragraph,  it may elect to withdraw pursuant to
paragraph (b) of this subdivision hereafter.
(b) January first, nineteen hundred  eighty-eight  or  January  first,
nineteen  hundred  eighty-nine.  If any such county plans to withdraw on
either January first, nineteen hundred eighty-eight  or  January  first,
nineteen  hundred  eighty-nine,  it  shall (i) no later than ninety days
after the first of January of the year immediately preceding the year in
which such county plans to  withdraw  from  the  district,  furnish  the
commissioner  of  transportation,  the chairman of the authority and the
other counties which have an option to withdraw, a resolution adopted by
the county legislature providing notice of intent to withdraw  from  the
district,  (ii) no later than one hundred twenty days after the first of
January of the year immediately preceding the year in which such  county
plans  to  withdraw  from  the  district  furnish to the commissioner of
transportation, the chairman of the authority  and  the  counties  which
have   an  option  to  withdraw  a  resolution  adopted  by  the  county
legislature providing a public transportation plan as described in  this
section,  (iii)  on  or  before  October  first  of the year immediately
preceding the year in which such  county  plans  to  withdraw  from  the
district,  furnish  to  the commissioner a copy of an agreement with the
authority or an operator of rail passenger service for the provision  of
rail  passenger service to and from such county and the city of New York
or any terminus previously served.
(c)  No  later  than  thirty  days  after  receipt   of   the   public
transportation   plan  the  commissioner  of  transportation  shall,  in
writing, either approve such plan as conforming  with  the  requirements

heretofore  described  or  disapprove  such plan as failing to meet such
requirements and the reasons therefor. Disapproval of a plan  shall  not
prohibit  a  county  from  resubmitting a public transportation plan and
such  resubmitted  plan  shall  be approved or disapproved no later than
fifteen days after receipt by the commissioner  of  transportation.  The
public  transportation  plan  shall  be  subject to any state or federal
public hearing requirements which the authority would be subject  to  if
the authority made the changes proposed by such plan.
(d)  Any  such  county  which plans to withdraw from the district must
meet the requirements of this section prior to  the  effective  date  of
withdrawal,  and  no  withdrawal  for the purposes of this section shall
take effect unless such county furnishes the resolutions  and  agreement
prior to the effective date of withdrawal.
2. The authority and any subsidiary corporation of the authority shall
enter  into  an  agreement  or  agreements  with  a county that plans to
withdraw from the district to transfer and assign  to  such  county  all
authority  and subsidiary railroad facilities and operations, rights and
obligations, and contract rights and  obligations,  including  operating
contract  rights  and obligations, which are owned, operated, maintained
or used directly or by contract or which are otherwise involved  in  the
provision  of  railroad  services to such counties. Such agreement shall
provide, in the event a facility,  operation,  right  or  obligation  is
necessary and material to the provision of rail passenger service in the
district  or  is  not  assignable  under  applicable  bond  covenants or
contracts or the parties agree that it should not be assigned, that  the
authority   or   subsidiary  thereof  shall  continue  to  hold  and  be
responsible for such facility, operation, right or obligation  and  that
such county shall reimburse to the authority that portion of the cost to
the   authority  or  subsidiary  of  its  retention  of  such  facility,
operation, right or obligation that is allocable to such county. If  the
parties agree that the authority or subsidiary thereof shall operate the
railroad  facilities  in  a  county  after  the  effective  date of such
county's withdrawal, the agreement also shall provide for the terms  and
conditions of the operation of such service.
3.  Within  forty-five days of the effective date of this section, the
authority and any subsidiary corporation of the authority shall  provide
to  the  counties  of Dutchess, Orange and Rockland a written statement,
including cost estimates and the useful life, if  any,  of  all  of  its
facilities, operations, rights and obligations relating to the provision
of rail service in such counties.
4.  The  authority  and any subsidiary corporation of the authority is
authorized to enter into an agreement or agreements with a  county  that
plans  to withdraw from the district, pursuant to which the authority or
subsidiary thereof will provide  technical  assistance  to  such  county
prior  to, during and after the withdrawal, with respect to the transfer
of ownership, operation, maintenance  and  use  of  railroad  facilities
within such county. Such agreement may provide that the county reimburse
the  authority  or  its subsidiary for the cost to the authority and its
subsidiary for the provision of such technical assistance.
5. The authority shall have no obligation to undertake or continue any
project or part thereof in a current  or  future  capital  program  plan
which  pertains  to  railroad  facilities within or services to a county
that withdraws from the district on or after such date of withdrawal nor
shall the authority enter into  any  contract  for  a  project  or  part
thereof  which would increase liabilities pursuant to subdivision six of
this section in a county after such county notifies the authority of its
intent to withdraw as provided  in  subdivision  one  of  this  section,
provided, however, that if the authority has executed a contract for the

effectuation  of  a project or part thereof in a capital program plan in
such county, it shall be assigned to  such  county  in  accordance  with
subdivision  two of this section, unless the parties agree that it shall
not  be assigned and that the authority or its subsidiary shall continue
to be responsible therefor, in which event the  county  shall  reimburse
the  authority  or  its  subsidiary in accordance with the provisions of
subdivision two of this section.
6. Any county which withdraws from the district shall reimburse to the
authority or its subsidiary, within the time period  agreed  to  by  the
parties, any capital expenditures heretofore undertaken by the authority
or  its subsidiary for railroad facilities only within such county which
were  financed  by  commuter  railroad  revenue  bonds  issued  by   the
metropolitan transportation authority pursuant to section twelve hundred
sixty-nine of this article and are assigned to such county in accordance
with the provisions of subdivision two of this section.
7.  The  obligations  of  a county that withdraws from the district to
reimburse the authority and any subsidiary corporation of the  authority
for  the  costs  of operation, maintenance and use of passenger stations
pursuant to section twelve hundred seventy-seven of this article,  shall
continue  for  any  such  costs incurred up to the effective date of the
county's withdrawal from the district and for costs incurred  thereafter
that  result  from acts preceding such withdrawal, and the applicability
of the payment provisions and procedures of such section twelve  hundred
seventy-seven  to  such county shall continue thereafter with respect to
the aforesaid costs.
8. In the event of a county's failure to make payment  of  any  monies
determined  by  the  authority  to  be owed and due it or any subsidiary
corporation of the authority pursuant to  the  terms  of  any  agreement
entered  into  pursuant  to this section, the authority is authorized to
recover such payments in the same manner as in  section  twelve  hundred
seventy-seven  of  this article and the state comptroller shall withhold
and pay monies to the authority in accordance with  the  procedures  set
forth in that section.
9.  The term of office of any resident of a county that withdraws from
the district under this section,  as  a  member  of  the  board  of  the
authority,  the  Metro-North  rail  commuter  council  or the management
advisory board, which is based upon  residence  in  such  county,  shall
terminate  upon  the  county's withdrawal and the office shall be deemed
vacant and filled in the manner provided by law.
10. The provisions of this section and all  agreements  undertaken  in
accordance herewith shall be subject to the rights of the holders of any
outstanding bonds or notes issued by the authority.