S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3957--A                                            A. 5474--A
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 24, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Local Govern-
         ment  --  committee  discharged,  bill  amended,  ordered reprinted as
         amended and recommitted to said committee
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to  the  Committee  on Local Governments -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to amend the general municipal law, in relation to creating the
         Peconic Bay regional transportation council;  and  providing  for  the
         repeal of such provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The  legislature  hereby  finds  that
    2  over  the past thirty years, rapid growth and development in the Peconic
    3  Bay region of Long Island, while providing for a successful economy, has
    4  also resulted in some unavoidable, adverse  impacts  that  threaten  the
    5  region's  future quality of life and future economic prosperity. Traffic
    6  congestion has been one of the primary adverse impacts from  such  rapid
    7  development.
    8    Expanding  traffic  congestion  has  resulted in deteriorating traffic
    9  safety with increased traffic accidents  and  fatalities.  In  addition,
   10  traffic  congestion has resulted in increased trip delays, declining air
   11  quality, adverse impacts to historic and rural resources in the region's
   12  villages and hamlets, parking problems, adverse impacts  to  residential
   13  communities  and  neighborhoods  resulting from the diversion of traffic
   14  from major highways and arteries to rural residential streets and roads.
   15    The region's tourist and second home industries,  the  cornerstone  of
   16  its  prosperity,  are  threatened if the adverse consequences of traffic
   17  congestion are not promptly and adequately addressed.  Further,  projec-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09317-02-5
       S. 3957--A                          2                         A. 5474--A
    1  tions  from the state department of transportation and local governments
    2  indicate that there will be a continued growth in year-round population,
    3  seasonal residents, and traffic into the foreseeable future,  exacerbat-
    4  ing an already major problem.
    5    The  legislature  finds  that  the unique geography of the Peconic Bay
    6  region limits the ability to expand highway capacity for motor vehicles.
    7  The narrow forks limit the augmentation of future highway capacity in an
    8  east-west direction. The construction of new highways is not a  feasible
    9  alternative,  and  the option of improving capacity on existing highways
   10  is limited. In addition to unique geography,  impacts  to  the  region's
   11  natural  and historic resources, such as open space, farmland, watershed
   12  areas, wetlands, and historic sites and landmarks also limit  increasing
   13  highway capacity.
   14    While  the  region's  highway infrastructure is severely overburdened,
   15  its public transit capabilities are underdeveloped. The region possesses
   16  underutilized rail capacity with minimal service from  the  Long  Island
   17  Rail Road to the region.
   18    The  legislature  finds  that  the  development  of new public transit
   19  opportunities for the Peconic Bay region represents the best alternative
   20  to address growing traffic congestion and other transportation problems.
   21  The region possesses an existing rail infrastructure.  Existing  service
   22  to the region is minimal. Further, there is no coordination between rail
   23  service  and existing bus service. The opportunity to improve service is
   24  clearly available.
   25    The region's local governments have  recognized  the  adverse  impacts
   26  resulting  from growing traffic congestion and the need to explore other
   27  transportation  options  such  as  public  transit.  Independently,  the
   28  comprehensive  plans of the region's towns and villages have cited traf-
   29  fic congestion as a critical problem and have identified improved public
   30  transit as a future goal. Towns have created task forces and commissions
   31  to address the transportation issue.
   32    Further, collectively, as a region, the local governments have  joined
   33  together   to   explore  public  transit  options  to  mitigate  traffic
   34  congestion. As early as 1994, the East End  Economic  and  Environmental
   35  Institute,  under  the  auspices  of the East End Mayors and Supervisors
   36  Association issued a report entitled Blue Print  for  Our  Future  which
   37  called  for improved and coordinated bus and rail service in the Peconic
   38  Bay region.
   39    In 2005, after a four-year public outreach process, the local  govern-
   40  ments of the region issued the result of its SEEDS (Sustainable East End
   41  Development) project. This initiative also recognized the need to create
   42  improved  transportation opportunities, including selected road improve-
   43  ments and increased and coordinated public transit.
   44    The private sector has also recognized the need for improved  regional
   45  transportation opportunities. The Institute for Sustainable Development,
   46  Southampton  College  of  Long  Island University, held a conference and
   47  issued a report calling for improved transportation opportunities in the
   48  region. Five Town Rural Transit, Inc., a private, not-for-profit  corpo-
   49  ration  has also recognized the need for public transit improvements. In
   50  2005, they unveiled a conceptual plan for an East End Shuttle  providing
   51  coordinated  bus  and rail service, and issued a development proposal to
   52  further that goal.
   53    In 2007, the state of New York provided a  $300,000  grant  under  its
   54  Shared  Municipal Services Initiative (SMSI) program to study the feasi-
   55  bility of the East End Shuttle concept. In  addition,  the  Long  Island
   56  Rail Road, in conjunction with the towns of Southampton and East Hampton
       S. 3957--A                          3                         A. 5474--A
    1  initiated  a  pilot  program  in 2007-2008 to provide a rail shuttle and
    2  connecting bus service during the reconstruction of County Road 39. This
    3  pilot program demonstrated that the rail/bus shuttle  concept  could  be
    4  successful.  In 2009, the "East End Transportation Study Report", funded
    5  by the SMSI program, was completed by the Volpe National  Transportation
    6  Systems  Center,  U.S. Department of Transportation. The study concluded
    7  that the East End Shuttle concept was both viable and desirable.
    8    In summary, the problem of traffic congestion with its adverse impacts
    9  on the local environment, economy, and quality of  life  has  long  been
   10  recognized.  Further, a multitude of local governments, regional cooper-
   11  ative initiatives, and private initiatives have all identified  improved
   12  public  transit  with  increased and coordinated rail and bus service as
   13  the cornerstone for solving the problem. The concept  has  been  at  the
   14  center of public policy discussions for more than a decade.
   15    The  next step is the full development of the East End Shuttle concept
   16  in order to implement new transit opportunities in a timely fashion.
   17    Currently, no governmental entity  exists  which  can  coordinate  the
   18  multitude  of  local  governments, state government, federal government,
   19  and other stakeholders that must participate to implement  a  successful
   20  public transit initiative for the Peconic Bay region.
   21    It  is  the  intent  of  the  legislature with this act to provide the
   22  necessary governmental framework and  resources  that  will  foster  the
   23  cooperation  necessary  to  implement  a public transit proposal for the
   24  Peconic Bay region. This legislation will give the local governments the
   25  regional framework to develop and implement this  initiative,  and  will
   26  mandate  the cooperation of state and federal agencies. Further, it will
   27  provide for the involvement of all stakeholders and community members in
   28  the development process to insure an  open  and  comprehensive  decision
   29  making process.
   30    S  2. The general municipal law is amended by adding a new article 5-M
   31  to read as follows:
   32                                 ARTICLE 5-M
   33                 PECONIC BAY REGIONAL TRANSPORTATION COUNCIL
   34  SECTION 119-AAA. DEFINITIONS.
   35          119-BBB. PECONIC BAY REGIONAL TRANSPORTATION COUNCIL.
   36          119-CCC. POWERS AND DUTIES OF THE COUNCIL.
   37          119-DDD. AGENCY COOPERATION.
   38          119-EEE. IMPLEMENTATION REPORT FOR THE TRANSPORTATION PLAN.
   39          119-FFF. SUBMISSION TO THE LEGISLATURE.
   40    S 119-AAA. DEFINITIONS. AS USED IN THIS ARTICLE  THE  FOLLOWING  TERMS
   41  SHALL HAVE THE FOLLOWING MEANINGS:
   42    1.  "PECONIC  BAY  REGION" MEANS THE TOWNS OF EAST HAMPTON, RIVERHEAD,
   43  SHELTER ISLAND, SOUTHAMPTON, AND SOUTHOLD IN THE COUNTY OF SUFFOLK.
   44    2. "COUNTY" MEANS THE COUNTY OF SUFFOLK.
   45    3. "MUNICIPAL CORPORATION" MEANS A TOWN OR VILLAGE IN THE PECONIC  BAY
   46  REGION.
   47    4. "STATE" MEANS THE STATE OF NEW YORK.
   48    5.  "STATE  AGENCY"  MEANS  ANY OFFICE, DEPARTMENT, BOARD, COMMISSION,
   49  BUREAU, DIVISION,  AUTHORITY,  PUBLIC  BENEFIT  CORPORATION,  AGENCY  OR
   50  INSTRUMENTALITY OF THE STATE.
   51    6.  "TRANSPORTATION  PLAN"  MEANS  THE  PLAN  OF PUBLIC TRANSPORTATION
   52  PROJECTS FOR THE PECONIC BAY REGION PROVIDED FOR IN THE EAST END  TRANS-
   53  PORTATION  STUDY,  PREPARED BY THE VOLPE NATIONAL TRANSPORTATION SYSTEMS
   54  CENTER, DATED NOVEMBER, TWO THOUSAND NINE.
   55    7. "PUBLIC TRANSPORTATION PROJECT" MEANS ANY RAPID TRANSIT,  RAILROAD,
   56  OMNIBUS, MARINE TRANSPORTATION, OR OTHER PUBLIC TRANSPORTATION PROJECT.
       S. 3957--A                          4                         A. 5474--A
    1    8. "COUNCIL" MEANS THE COUNCIL CREATED PURSUANT TO SECTION ONE HUNDRED
    2  NINETEEN-BBB OF THIS ARTICLE.
    3    9. "GOVERNOR" MEANS THE GOVERNOR OF THE STATE OF NEW YORK.
    4    S  119-BBB.  PECONIC  BAY REGIONAL TRANSPORTATION COUNCIL. 1. THERE IS
    5  HEREBY CREATED THE PECONIC BAY  REGIONAL  TRANSPORTATION  COUNCIL.  SUCH
    6  COUNCIL  SHALL  CONSIST  OF  TWENTY  VOTING  MEMBERS:  ONE  MEMBER TO BE
    7  APPOINTED BY THE GOVERNOR WHO WILL SERVE AT THE PLEASURE OF  THE  GOVER-
    8  NOR, AND FOURTEEN EX OFFICIO MEMBERS WHO ARE THE COUNTY EXECUTIVE OF THE
    9  COUNTY  OF  SUFFOLK,  THE  FIVE  TOWN  SUPERVISORS  FROM THE PECONIC BAY
   10  REGION, TWO VILLAGE MAYORS TO BE APPOINTED BY THE EAST END VILLAGE OFFI-
   11  CIALS ASSOCIATION, THE UNITED STATES CONGRESSMAN REPRESENTING THE PECON-
   12  IC BAY REGION, THE STATE SENATOR REPRESENTING THE  PECONIC  BAY  REGION,
   13  THE  TWO STATE ASSEMBLY MEMBERS REPRESENTING THE PECONIC BAY REGION, AND
   14  THE TWO COUNTY LEGISLATORS REPRESENTING THE PECONIC BAY REGION, AND FIVE
   15  CITIZEN MEMBERS WITH AN INTEREST IN TRANSPORTATION AND PUBLIC TRANSIT TO
   16  BE APPOINTED BY THE TOWN BOARD OF EACH TOWN IN THE PECONIC  BAY  REGION.
   17  EACH  TOWN  SHALL  HAVE  ONE  APPOINTMENT.    EACH EX OFFICIO MEMBER MAY
   18  APPOINT A DESIGNATED REPRESENTATIVE, BY OFFICIAL  AUTHORITY  FILED  WITH
   19  THE  COUNCIL,  TO  EXERCISE  HIS  OR  HER  POWERS AND PERFORM HIS OR HER
   20  DUTIES, INCLUDING THE RIGHT TO VOTE ON MATTERS BEFORE THE COUNCIL.
   21    2. THE COUNCIL SHALL ELECT ONE OF ITS MEMBERS AS  CHAIRPERSON.  TWELVE
   22  MEMBERS SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR
   23  THE  EXERCISE  OF  ANY  POWER OR FUNCTION OF THE COUNCIL. AN AFFIRMATIVE
   24  VOTE OF ELEVEN OR MORE MEMBERS SHALL BE REQUIRED TO PASS A RESOLUTION OR
   25  OTHERWISE EXERCISE ANY FUNCTIONS OR POWERS OF THE COUNCIL.
   26    S 119-CCC. POWERS AND DUTIES OF THE COUNCIL.  THE COUNCIL  SHALL  HAVE
   27  THE FOLLOWING POWERS:
   28    1. TO MAKE BY-LAWS FOR THE REGULATION AND MANAGEMENT OF ITS AFFAIRS;
   29    2.  TO  ESTABLISH  A  CITIZEN ADVISORY COMMITTEE TO ASSIST IT WITH ITS
   30  DUTIES AND RESPONSIBILITIES;
   31    3. TO ESTABLISH A TECHNICAL ADVISORY COMMITTEE TO ASSIST IT  WITH  ITS
   32  DUTIES AND RESPONSIBILITIES;
   33    4.  TO  DEVELOP  AN IMPLEMENTATION REPORT FOR THE TRANSPORTATION PLAN,
   34  WITH THE ADVICE OF THE ADVISORY COMMITTEES;
   35    5. TO UTILIZE TO THE EXTENT PRACTICABLE, THE STATE AND  FACILITIES  OF
   36  EXISTING STATE AND LOCAL AGENCIES;
   37    6.  TO  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY
   38  OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND DUTIES UNDER THIS ARTI-
   39  CLE;
   40    7. TO SUE AND BE SUED;
   41    8. TO APPOINT AN EXECUTIVE OFFICER, OFFICERS, AGENTS,  EMPLOYEES,  AND
   42  PRESCRIBE THEIR DUTIES AND QUALIFICATIONS;
   43    9.  TO  HOLD  HEARINGS  IN  THE EXERCISE OF ITS POWERS, FUNCTIONS, AND
   44  DUTIES AS PROVIDED FOR BY THIS ARTICLE;
   45    10. TO CONTRACT FOR PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
   46    11. TO CONTRACT FOR AND  ACCEPT  ANY  ASSISTANCE,  INCLUDING  BUT  NOT
   47  LIMITED  TO  GIFTS,  GRANTS,  OR LOANS OF FUNDS, OR OF PROPERTY FROM THE
   48  FEDERAL GOVERNMENT OR ANY AGENCY  OR  INSTRUMENTALITY  THEREOF,  OR  ANY
   49  STATE  AGENCY, OR FROM ANY OTHER PUBLIC OR PRIVATE SOURCE AND TO COMPLY,
   50  SUBJECT TO THE PROVISIONS OF THIS ARTICLE, WITH THE TERMS AND CONDITIONS
   51  THEREOF.
   52    S 119-DDD. AGENCY COOPERATION. 1. EVERY STATE AGENCY SHALL OFFER  FULL
   53  COOPERATION  TO THE COUNCIL IN CARRYING OUT THE PROVISIONS OF THIS ARTI-
   54  CLE.
       S. 3957--A                          5                         A. 5474--A
    1    2. EVERY AGENCY OF THE COUNTY AND  THE  MUNICIPAL  CORPORATIONS  SHALL
    2  OFFER  FULL COOPERATION TO THE COUNCIL IN CARRYING OUT THE PROVISIONS OF
    3  THIS ARTICLE.
    4    S  119-EEE.  IMPLEMENTATION REPORT FOR THE TRANSPORTATION PLAN. 1. THE
    5  COUNCIL IS HEREBY DIRECTED TO PREPARE AN IMPLEMENTATION REPORT  FOR  THE
    6  TRANSPORTATION PLAN FOR THE PECONIC BAY REGION WHICH SHALL INCLUDE:
    7    (A)  ESTABLISHMENT  OF  SHUTTLE TRAINS UTILIZING THE EXISTING RIGHT OF
    8  WAY OF THE LONG ISLAND RAIL ROAD;
    9    (B) ESTABLISHMENT AND COORDINATION OF BUS TRANSPORTATION TO COMPLEMENT
   10  SHUTTLE TRAINS;
   11    (C) A REGIONAL GOVERNANCE  STRUCTURE  TO  OPERATE  THE  TRANSPORTATION
   12  PLAN;
   13    (D) ESTABLISHMENT OF PARK AND RAIL FACILITIES; AND
   14    (E)  ADDITIONAL  NON-STOP TRAINS FROM NEW YORK CITY TO THE PECONIC BAY
   15  REGION.
   16    2. THE IMPLEMENTATION REPORT SHALL BE PREPARED  IN  SUFFICIENT  DETAIL
   17  AND  SPECIFICITY  TO  PERMIT  THE  RELEVANT  GOVERNMENTAL AUTHORITIES TO
   18  PROCEED DIRECTLY TO THE IMPLEMENTATION OF THE TRANSPORTATION  PLAN.  THE
   19  IMPLEMENTATION REPORT SHALL ESTABLISH A TIMETABLE FOR RECOMMENDED PUBLIC
   20  TRANSPORTATION PROJECTS. THE IMPLEMENTATION REPORT SHALL INCLUDE A CAPI-
   21  TAL  PLAN  AND  BUDGET FOR ITS IMPLEMENTATION. THE IMPLEMENTATION REPORT
   22  SHALL INCLUDE THE ASSESSMENT OF ENVIRONMENTAL IMPACTS, PRELIMINARY ENGI-
   23  NEERING, AND FINAL DESIGN.
   24    3. AT LEAST FIVE PUBLIC HEARINGS, ONE IN EACH TOWN IN THE PECONIC  BAY
   25  REGION SHALL BE HELD ON THE FINAL IMPLEMENTATION PLAN.
   26    4. A PROPOSITION TO APPROVE THE IMPLEMENTATION PLAN SHALL BE SUBMITTED
   27  TO  THE  VOTERS  AS A REFERENDUM IN EACH OF THE TOWNS IN THE PECONIC BAY
   28  REGION AT THE GENERAL ELECTION TO BE HELD AT LEAST NINETY DAYS AFTER THE
   29  COMPLETION OF THE PUBLIC HEARINGS PROVIDED FOR IN SUBDIVISION  THREE  OF
   30  THIS SECTION. SUCH REFERENDUM SHALL BE DEEMED APPROVED IF IT IS APPROVED
   31  BY  A  MAJORITY  OF THE VOTERS VOTING ON SUCH REFERENDUM IN EACH TOWN IN
   32  THE PECONIC BAY REGION.
   33    S 119-FFF. SUBMISSION TO THE LEGISLATURE.  UPON APPROVAL OF  THE  PLAN
   34  BY REFERENDUM, SUCH APPROVED IMPLEMENTATION REPORT SHALL BE SUBMITTED TO
   35  THE  LEGISLATURE  BY  THE  COUNCIL  NO LATER THAN THIRTY DAYS AFTER SUCH
   36  APPROVAL.
   37    S 3. This act shall take effect immediately and shall remain  in  full
   38  force  and  effect  until  December  31,  2025  when  upon such date the
   39  provisions of this act shall expire and be deemed repealed.