N.Y. Transportation Law 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.
Terms Used In N.Y. Transportation Law 14-C
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Statute: A law passed by a legislature.
* 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 § 30 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 § 30 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.