N.Y. Transp. Law § 14-d

§ 14-d. Rail service preservation. 1. Authorization is hereby given to\nthe commissioner of transportation:\n a. to acquire, by purchase, gift, grant, transfer, contract or lease,\nany rail transportation facility with the state, or any part thereof, or\nthe use thereof, and to utilize any such rail transportation facility,\nor any property acquired pursuant to the provisions of section eighteen\nof this chapter, for the purposes of rail transportation service thereon\nor therewith;\n b. to enter into contracts with any person, firm, corporation or\nagency, including but not limited to any railroad company, state agency,\nthe federal government, the Canadian government, any other state or\nagency or instrumentality thereof, any public authority of this or any\nother state, or any political subdivision or municipality of the state,\nfor the purpose of providing, maintaining and improving rail\ntransportation service on the rail transportation facilities thereof;\n c. to sell, lease or otherwise contract for the utilization of any\nrail transportation facilities, or portion thereof, owned or acquired\npursuant to this section or pursuant to section eighteen of this\nchapter, for the purpose of providing for, maintaining and improving\nrail transportation service thereon.\n 2. The commissioner, may, subject to the concurrence of the director\nof the budget:\n a. Operate, maintain, renovate, repair, improve, extend or establish\nany rail transportation facility or any related services and activities,\nor may provide therefor by contract, lease or other arrangement with any\nperson, firm, corporation or agency, including but not limited to any\nrailroad company, state agency, the federal government, the Canadian\ngovernment, any other state or agency or instrumentality thereof, any\npublic authority of this or any other state, or any political\nsubdivision or municipality of the state.\n b. Enter into joint service agreements on behalf of the state with any\nrailroad company, and any other state department or agency, the federal\ngovernment, the Canadian government, any other state or agency or\ninstrumentality thereof, any public authority of this state or any other\nstate, or any political subdivision or municipality of the state,\nrelating to property, buildings, structures, facilities, services,\nrates, fares, classifications, dividends, allowances or charges, or\nrules or regulations pertaining thereto, for or in connection with or\nincidental to transportation in part upon rail transportation facilities\nprovided pursuant to this section.\n c. Acquire by purchase, gift, grant, transfer, contract or lease any\nrail transportation facility, or any part thereof, necessary for or\nincidential to the effectuation of the purposes of this section.\n d. Utilize federal monies available or which may become available to\nthe state for the purpose of effectuating the provisions of this section\nand enter into any necessary agreements required to meet federal\nstandards and criteria in connection therewith.\n e. Establish, levy and collect or cause to be established, levied and\ncollected and, in the case of a joint service arrangement, join with\nothers in the establishment, levy and collection of such fares, tolls,\nrentals, rates, charges and other fees as he may deem necessary,\nconvenient or desirable for the use and operation of any such rail\ntransportation facility and related services.\n f. Sell, transfer, lease or contract for the sale, transfer or lease\nof any rail transportation facility, or any part thereof, necessary for\nor incidental to the effectuation of the purposes of this section.\n g. Do all things necessary, convenient or desirable to carry out the\npurposes of this section.\n 3. For the purposes of this section, the term "rail transportation\nfacility" shall include railroad rights of way as well as trackage,\nrails, cars, locomotives, rolling stock, signal, power, fuel,\ncommunication and ventilation systems, power plants, stations,\nterminals, storage yards, repair and maintenance shops, yards, equipment\nand parts, offices, and other incidental real estate or personalty used\nor held for or incidental to the operation, rehabilitation or\nimprovement of any railroad operating rail passenger or rail freight\ntransportation services, or to operate such services, including, but not\nlimited to buildings, structures and rail property.\n 4. Notwithstanding the provisions of any other general special or\nlocal law, expenses of the department of transportation incurred in\nconnection with the provision of rail transportation services as\nauthorized by this section, may, with the approval of the director of\nthe budget, be paid out of the gross revenues, if any, received pursuant\nto the authorization herein contained. All other revenues surplus to\nthese expenses shall be paid into the state treasury to the credit of\nthe general fund.\n