2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11 - Metropolitan Commuter Transportation Authority › 1277 - Station Operation and Maintenance.

§   1277.   Station  operation  and  maintenance.  1.  The  operation,
  maintenance and use of passenger stations shall be  public  purposes  of
  the  city  of  New  York and the counties within the district. The total
  cost to the  authority  and  each  of  its  subsidiary  corporations  of
  operation,  maintenance  and  use  of  each passenger station within the
  district serviced by one or more railroad facilities of the authority or
  of such subsidiary corporation, including the buildings,  appurtenances,
  platforms, lands and approaches incidental or adjacent thereto, shall be
  borne  by  the  city of New York if such station is located in such city
  or, if not located in such city, by such county within the  district  in
  which such station is located. On or before June first of each year, the
  authority  shall,  in  accordance  with  the  method  specified  herein,
  determine and certify to the city of New York and to each county  within
  the   district  the  respective  allocation  of  costs  related  to  the
  operation, maintenance and use of passenger stations  within  such  city
  and  each  such  other  county,  for  the twelve month period ending the
  preceding March thirty-first.
a. For the year commencing April first, nineteen hundred  ninety-nine,
  the  total  payment  amount  to  be  billed  by  the  authority  for the
  operation, maintenance and use of each passenger station within the city
  of New York and the counties of Nassau, Suffolk, Westchester,  Dutchess,
  Putnam,  Orange,  and  Rockland shall be calculated by summing the total
  amount listed in the base amount table plus an adjustment to  such  base
  year  amount  equal to the base amount times the increase or decrease in
  the Consumer Price Index for Wage Earners and Clerical Workers  for  the
  New York, Northeastern-New Jersey Standard Metropolitan Statistical Area
  for the twelve-month period being billed.
BASE AMOUNT TABLE
County                                Base Amount
Nassau                                $19,200,000
Suffolk                               $11,834,091
Westchester                           $13,269,310
Dutchess                              $ 1,581,880
Putnam                                $   618,619
Orange                                $   327,247
Rockland                              $    34,791
City of New York                      $61,435,330
b.  For  each year thereafter, such total payment for each such county
  shall be the same amount as the total  payment  during  the  immediately
  prior  year, plus an adjustment equal to the prior year amount times the
  increase or decrease in the Consumer Price Index for  Wage  Earners  and
  Clerical  Workers  for  the  New  York, Northeastern-New Jersey Standard
  Metropolitan Statistical Area for the twelve-month period being billed.
2. On or before the following September first, of each year, such city
  and each such county shall pay to the authority such cost or  amount  so
  certified  to  it  on  or before the preceding June first. Such city and
  each such county shall have power to finance such costs  to  it  by  the
  issuance  of budget notes pursuant to section 29.00 of the local finance
  law. For  the  year  beginning  April  first,  two  thousand  four,  the
  authority,  the  city  of  New York and the counties of Nassau, Suffolk,
  Westchester, Dutchess, Putnam, Orange, and Rockland  may,  after  having
  reached  an agreement, recommend to the legislature modifications to the
  amounts set forth above based upon changes  made  to  commuter  services
  including but not limited to changes in the number of passenger stations
  within  such  counties or the level of commuter rail service provided to
  any such passenger stations. Failure between the authority  and  between
  the   counties  to  reach  agreement  will  be  referred  to  the  state

  comptroller for mediation. If the mediation is unsuccessful, each  party
  and  the  state  comptroller may submit a recommendation to the governor
  and the legislature for legislative action.
3.  In  the  event that a city or county shall fail to make payment to
  the authority for station  maintenance  as  required  pursuant  to  this
  section,  or  any  part  thereof,  the  chief  executive  officer of the
  authority or such other person as the  chairman  shall  designate  shall
  certify  to the state comptroller the amount due and owing the authority
  at the end of the state fiscal year  and  the  state  comptroller  shall
  withhold  an  equivalent  amount  from  the  next  succeeding  state aid
  allocated to such county or city from the motor fuel tax and  the  motor
  vehicle  registration  fee  distributed  pursuant  to former section one
  hundred twelve of the highway law, or amounts  distributed  pursuant  to
  section  ten-c  of  the  highway  law,  or  per  capita local assistance
  pursuant to section fifty-four of the state finance law subject  to  the
  following  limitations:  prior  to withholding amounts due the authority
  from such county or city, the comptroller shall pay in full  any  amount
  due  the state of New York municipal bond bank agency, on account of any
  such county's or city's obligation to such agency; the  city  university
  construction  fund  pursuant  to  the  provisions of the city university
  construction  fund  act;  the  New   York   city   housing   development
  corporation,  pursuant  to  the  provisions of the New York city housing
  development corporation act  (article  twelve  of  the  private  housing
  finance  law);  and  the  transit  construction  fund  pursuant  to  the
  provisions of  title  nine-A  of  article  five  of  this  chapter.  The
  comptroller  shall  give  the director of the budget notification of any
  such payment. Such amount or amounts  so  withheld  by  the  comptroller
  shall  be  paid to the authority and the authority shall use such amount
  for the repayment of the state advances  hereby  authorized.  When  such
  amount  or  amounts  are received by the authority, it shall credit such
  amounts against any amounts due and owing by the city or county on whose
  account such amount was withheld and paid.