New York Laws
Title 11 - Metropolitan Commuter Transportation Authority
1266 - Special Powers of the Authority.

(a) Upon (i) the enactment by the state of Connecticut of legislation
having like effect as the provisions of this paragraph and the granting
of the consent of the congress of the United States of America to the
interstate compact thereby created, and (ii) in conformity with
recommendations of the New York-Connecticut bi-state bridge study
commission, the authority is authorized, in cooperation with any duly
designated agency or agencies of the state of Connecticut, to design,
construct, maintain, operate, improve and reconstruct a highway bridge
crossing Long Island sound from a point in the vicinity of the city of
Bridgeport in the state of Connecticut to a point in the vicinity of the
village of Port Jefferson in the state of New York, together with
approaches to such bridge; and to contract from time to time with such
agency or agencies of the state of Connecticut with respect to all
matters affecting these authorizations, including, without limitation,
the sharing of all capital, operational and maintenance expense (except
that the capital expense of the original construction of such bridge,
other than the expense of acquiring the needed real property, shall be
in the ratio of fifty per-centum for the authority and fifty per-centum
for such agency or agencies of the state of Connecticut), the manner and
by whom the work of design, construction, reconstruction, improvement,
maintenance and operation is to be performed or contracted to others for
performance, the tolls, fees and other charges to be imposed from time
to time for the use of such bridge, and the sharing of revenues derived
from the imposition of such tolls, fees and charges (except that net
revenues remaining after deduction of operational and maintenance
expense of such bridge shall be in the ratio of fifty per-centum for the
authority and fifty per-centum for the state of Connecticut or for such
agency or agencies of the state of Connecticut. Subject to the
limitations imposed upon the authority by the provisions of the said
contracts, that portion of the said bridge and its approaches situate
and lying within the territorial boundaries of the state of New York

shall be deemed a "transportation facility" of the authority for all the
purposes of this title, but tolls, fees and other charges imposed for
the use of such bridge shall not be deemed to have been imposed "for the
transportation of passengers" within the intendment of subdivision three
of this section.
(b) If funds are made available by the authority for the payment of
the cost and expense of the acquisition thereof, the commissioner of
transportation of the state of New York, when requested by the
authority, may acquire in the name of the state such real property lying
within the territorial boundaries of the state as may be determined from
time to time by the authority to be necessary, convenient or desirable
to carry out the authorizations set forth in paragraphs (a) and (b) of
this subdivision, may remove the owner or occupant thereof where
necessary and obtain possession and, when requested by the authority,
may dispose of any real property so acquired, all according to the
procedure provided in section thirty of the highway law. The authority
shall have the right to possess and use for its corporate purposes all
such real property so acquired, all according to the procedure provided
in section thirty of the highway law. The authority shall have the right
to possess and use for its corporate purposes all such real property so
acquired. Claims for the value of the property appropriated and for
legal damages caused by any such appropriation shall be adjusted and
determined by the commissioner of transportation with the approval of
the authority or by the court of claims as provided in section thirty of
the highway law. When a claim has been filed with the court of claims,
the claimant shall cause a copy of such claim to be served upon the
authority and the authority shall have the right to be represented and
heard before such court. All awards and judgments arising from such
claims shall be paid out of moneys of the authority.
(c) The authority, acting independently or jointly or in cooperation
with such agency or agencies of the state of Connecticut, may also apply
for and accept, upon condition or otherwise, from the duly authorized
agencies of the federal government, and of the governments of the states
of Connecticut and New York, such underwater and overwater grants of
real property, licenses or permits as shall be necessary, convenient or
desirable to carry out the authorizations set forth in paragraphs (a)
and (b) of this subdivision.
(d) The provisions of chapter four hundred forty-two of the laws of
nineteen hundred sixty-five (and of any agreement entered into in
pursuance thereof) relating to the repayment of a loan made by the state
to the authority for the purchase of the Long Island railroad shall be
inapplicable to (i) the construction of such bridges and their
approaches, (ii) bonds, notes or other obligations of the authority
issued for or in connection with the financing of the cost of design,
construction and reconstruction of such bridges and their approaches, or
the proceeds realized upon such issuance; and (iii) revenues derived
from the investment of such proceeds or of any part thereof, and from
the imposition of tolls, fees or other charges for the use of such
bridges.
10. Notwithstanding the provisions of any other law, general, special
or local, or of any agreement entered into in pursuance thereof,
relating to the repayment of any loan or advance made by the state to
the authority or to the New York city transit authority, neither the
authority nor the New York city transit authority shall be required to
repay any such loan or advance heretofore made from or by reason of the
issuance of bonds or notes of either of them or from the proceeds
realized upon such issuance or from any other funds received by either

of them from any source whatever in aid or assistance of the project or
projects for the financing of which such bonds or notes are issued.
11. No project to be constructed upon real property theretofore used
for a transportation purpose, or on an insubstantial addition to such
property contiguous thereto, which will not change in a material respect
the general character of such prior transportation use, nor any acts or
activities in connection with such project, shall be subject to the
provisions of article eight, nineteen, twenty-four or twenty-five of the
environmental conservation law, or to any local law or ordinance adopted
pursuant to any such article. Nor shall any acts or activities taken or
proposed to be taken by the authority or by any other person or entity,
public or private, in connection with the planning, design, acquisition,
improvement, construction, reconstruction or rehabilitation of a
transportation facility, other than a marine or aviation facility, be
subject to the provisions of article eight of the environmental
conservation law, or to any local law or ordinance adopted pursuant to
any such article if such acts or activities require the preparation of a
statement under or pursuant to any federal law or regulation as to the
environmental impact thereof.
12. The authority may, upon suitable notice to and an offer to consult
with an officer designated by the city of New York, occupy the streets
of the city of New York for the purpose of doing any work over or under
the same in connection with the improvement, construction,
reconstruction or rehabilitation of a transportation facility without
the consent of or payment to such city.
* 12-a. (a) Whenever the authority determines in consultation with the
city of New York that it is necessary to obtain the temporary or
permanent use, occupancy, control or possession of vacant or undeveloped
or underutilized but replaceable real property, or any interest therein,
or subsurface real property or any interest therein then owned by the
city of New York for a project in the two thousand fifteen to two
thousand nineteen or the two thousand twenty to two thousand twenty-four
approved capital programs to (i) install one or more elevators to make
one or more subway stations more accessible, (ii) construct or
reconstruct an electrical substation to increase available power to the
subway system to expand passenger capacity or reliability, or (iii) in
connection with the capital project to construct four commuter railroad
passengers stations in the borough of the Bronx known as Penn Station
access, the authority upon approval by the board of the metropolitan
transportation authority and upon suitable notice and with the consent
of the city of New York may cause the title to such real property, or
any interest therein, to be transferred to the authority by adding it to
the agreement of lease dated June first, nineteen hundred fifty-three,
as amended, renewed and supplemented, authorized by section twelve
hundred three of this article, or may itself acquire title to such
property from the city of New York, and any such transfer or acquisition
of real property shall be subject to the provisions of subdivision five
of section twelve hundred sixty-six-c of this title. Nothing in this
subdivision shall be deemed to authorize any temporary or permanent
transfer or acquisition of real property, or interest therein, that is
dedicated parkland without separate legislative approval of such
alienation.
(b) (i) Upon the execution of any transfer or acquisition pursuant to
this subdivision, which shall be final upon the approval by the board of
the metropolitan transportation authority and consent of the city of New
York, the fair market value shall be determined pursuant to this
paragraph. The authority shall make a written offer to pay to the city
of New York the fair market value of the authority's use, occupancy,

control, possession or acquisition of such property. The offer by the
authority shall be based on an appraisal of the value of such property
and a copy of such appraisal shall be included with the offer. Such
appraisal shall be done by an independent New York state licensed or
certified appraiser, who may not be employed by the authority, selected
at random from a panel of appraisers maintained by it for such purpose.
Such appraisal and a second appraisal, if required pursuant to
subparagraph (ii) of this paragraph, shall consider only the reasonably
anticipated lawful use of the property and its zoning designation under
the zoning resolution of the city of New York at the time the authority
notified the city of New York of its determination to use, occupy,
control, possess or acquire such property.
(ii) Within thirty days of receipt of the offer by the authority, the
city of New York may accept it, agree with the authority on another
amount, or request a second appraisal by an independent New York state
licensed or certified appraiser, who may not be employed by the city of
New York, selected at random by the city of New York from a panel of
appraisers maintained by it for such purpose. Such second appraisal
shall be completed within thirty days. If the second appraisal produces
an estimate of the fair market value of the property that is greater
than that of the first appraisal, the authority shall have ten days to
increase its offer to such higher amount, otherwise the two appraisers
shall reconcile their valuations and agree on a final valuation within
ten days, which shall be an amount not less than the first appraisal nor
greater than the second appraisal.
(c) Nothing in this subdivision shall be construed to affect or limit
the authority's power under subdivision twelve of this section.
* NB Repealed December 31, 2025
13. The authority and each of its subsidiary corporations shall place
on each transformer and substation which contains polychlorinated
biphenyls (PCBs) a symbol so indicating the presence of PCBs. Use of a
PCB mark illustrated in the rules and regulations promulgated pursuant
to the federal Toxic Substances Control Act shall constitute compliance
with the provisions of this subdivision.
14. Notwithstanding any other provisions of law or the terms of any
contract, the authority, in consultation with the Long Island Rail Road,
shall establish and implement a no fare program for transportation on
the Long Island Rail Road for police officers employed by the city of
New York, county of Nassau, Nassau county villages and cities, county of
Suffolk, Suffolk county villages and towns, the division of state
police, the port authority of New York and New Jersey, the Metro-North
Commuter Railroad Company, the New York city housing authority and the
New York city transit authority. In establishing such program, which has
as its goal increased protection and improved safety for its commuters,
the authority and the Long Island Rail Road shall, among other things,
consider: (a) requiring police officers who ride without cost to
register with the Long Island Rail Road as a condition of riding without
cost; (b) requiring such officers to indicate during such registration
process their regular working hours and the Long Island Rail Road trains
that such officers expect to ride; and (c) periodically re-registering
and re-validating such officers. The authority and the Long Island Rail
Road shall also have the power to consider other matters necessary to
carry out the goals and objectives of this section.
15. (a) Notwithstanding any other provisions of law or the terms of
any contract, the authority, in consultation with the New York city
transit authority, the Long Island Rail Road and the Metro-North
Commuter Railroad Company, shall establish and implement a no fare
program for transportation on New York city transit authority systems,

the Long Island Rail Road and the Metro-North Commuter Railroad Company
for individuals serving as personal care attendants accompanying an
Americans With Disabilities Act paratransit eligible individual.
(b) In order to be eligible for such no fare program the personal care
attendant must show his or her community based personal care attendant
agency issued identification card.
(c) In order to be considered accompanying an Americans With
Disabilities Act paratransit eligible individual the personal care
attendant shall have the same origin and destination as such paratransit
eligible individual.
16. Notwithstanding any other provision of law, the authority and any
of its subsidiary corporations shall establish and implement a half fare
rate program for persons with serious mental illness who are eligible to
receive supplemental security income benefits as defined pursuant to
title sixteen of the federal social security act and section two hundred
nine of the social services law.
17. Notwithstanding any conflicting provisions of general, special or
local law, and pursuant to the authority's 2000-2004 capital program
plans approved by the metropolitan transportation authority capital
program review board, the authority or any of its subsidiaries, the New
York city transit authority or any of its subsidiaries, or Triborough
bridge and tunnel authority, shall provide, from funds identified in
such approved 2000-2004 capital program plans, up to twelve million
dollars for the financing of a bus and heavy duty vehicles emission
research and testing facility and related equipment located in the state
of New York, whether within or outside of the transportation district,
which facility shall be operated by the department of environmental
conservation and shall be available for use on a non-exclusive basis by
the authority and any of its subsidiaries, the New York city transit
authority and any of its subsidiaries, and Triborough bridge and tunnel
authority.
18. The authority shall conduct a campaign of public outreach to
inform the public of the provisions pertaining to assault on employees
described in subdivision eleven of section 120.05 of the penal law.
19. In connection with their lawful responsibilities or functions, the
authority and its subsidiaries, including Metro-North Commuter Railroad,
the Long Island Rail Road, MTA bus and the Staten Island rapid transit
operating authority, the Triborough bridge and tunnel authority, and the
New York city transit authority and its subsidiary the Manhattan and
Bronx surface transit operating authority, are authorized to request,
receive and review criminal history information through the division of
criminal justice services with respect to any person applying for a
safety sensitive position. When requested, such applicant shall submit
to the authority or the requesting affiliate or subsidiary his or her
fingerprints in such form and in such manner as specified by the
division, for the purpose of conducting a criminal history search
identifying criminal convictions and pending criminal charges and
returning a report thereon in accordance with the procedures and
requirements established by the division pursuant to the provisions of
article thirty-five of the executive law, which shall include the
payment of the reasonable prescribed processing fee for the cost of the
division's full search and retention procedures and a national criminal
history record check. The authority or requesting affiliate or
subsidiary shall submit such fingerprints and the processing fee to the
division. The division shall forward to the authority or the requesting
affiliate or subsidiary a report with respect to the applicant's
previous criminal history, if any, or a statement that the applicant has
no previous criminal history according to its files. Fingerprints

submitted to the division pursuant to this subdivision may also be
submitted to the federal bureau of investigation for a national criminal
history record check. If additional copies of fingerprints are required,
the applicant shall furnish them upon request. Upon receipt of such
criminal history information, the authority or the requesting affiliate
or subsidiary shall provide such applicant with a copy of such criminal
history information, together with a copy of article twenty-three-A of
the correction law, and inform such applicant of his or her right to
seek correction of any incorrect information contained in such criminal
history information pursuant to regulations and procedures established
by the division of criminal justice services. The authority or the
requesting affiliate or subsidiary shall ensure that adequate notice be
provided to such applicant regarding the fact that state and national
criminal history record checks may be conducted. This provision shall
not preclude or alter the process by which a municipal civil service
commission obtains and provides background information pursuant to
subdivision four of section fifty of the civil service law relating to
applicants for civil service appointments at the New York city transit
authority and the Triborough bridge and tunnel authority.

Structure New York Laws