|
 |
Official Government Sites
|
|
|
CHAPTER 292
CONNECTICUT-NEW YORK RAILROAD
PASSENGER TRANSPORTATION COMPACT
Table of Contents
Sec. 16-342. Prior compact.
Sec. 16-343. Connecticut-New York Railroad Passenger Transportation Compact.
Sec. 16-344. Exemption from state regulation and state and local tax.
Section 16-342 is repealed.
(1967, P.A. 474; 1969, P.A. 46, S. 3.)
Sec. 16-343. Connecticut-New York Railroad Passenger Transportation
Compact. The state of Connecticut hereby agrees with the state of New York, upon
enactment by New York of legislation having the same effect as this section, to this
compact for the purpose of providing for the continuation and improvement of essential
interstate railroad passenger service:
ARTICLE I
For the purpose of continuing and improving the railroad passenger service of the
New York, New Haven and Hartford Railroad (and its successors) between the city of
New Haven in the state of Connecticut and the city of New York in the state of New
York, including branch lines which are tributary to the main line of that railroad between
the said cities; Metropolitan Transportation Authority, a governmental corporation of
the state of New York, and Connecticut Public Transportation Authority (and its successors), an agency of the state of Connecticut, acting individually, but in cooperation with
each other, or as coventurers where they deem it advisable and practical, are hereby
authorized to do the following where permissible under the enabling laws of their respective states:
(a) To acquire through eminent domain proceedings, or by gift, purchase, lease or
otherwise, the ownership interest in or the right to the use of all those assets of the said
railroad (or of any successor in interest to such assets), be they real property, personal
property or a combination of the two (including rights arising out of contract, franchise
or otherwise), which are or may reasonably be expected to become necessary, convenient
or desirable for the continuation or improvement of such service;
(b) To repair and rehabilitate such assets, or to acquire by gift, purchase, lease or
otherwise, such new or additional assets and rights as they deem necessary, convenient
or desirable for such continuation or improvement;
(c) To dispose of any such assets, new and additional assets and rights, or of the
right to the use of the same, by conveyance, lease or otherwise (including, without
limitation, the grant of trackage rights) when and to the extent that they are not needed
for such service by the said agencies; and to abandon or discontinue portions of such
service when advisable; and/or
(d) To operate such service, or to contract for the operation of the whole or any part
of such service by others.
To accomplish the foregoing objectives, the said agencies are authorized, individually
and jointly, to apply for aid, federal, state or local, to supplement those funds appropriated or otherwise made available to them under the laws of the party states.
ARTICLE II
The provisions of this compact shall be construed liberally to effectuate the purposes
thereof. Amendments and supplements to this compact to implement the purposes
thereof may be adopted by concurrent legislation of the party states.
ARTICLE III
This compact shall be of no force and effect unless and until the Congress of the
United States of America, on or before December thirty-first, nineteen hundred sixty-
nine, has consented thereto.
(1969, P.A. 46, S. 1; P.A. 77-9; P.A. 83-487, S. 5, 33; P.A. 85-613, S. 33, 154.)
History: P.A. 77-9 replaced Transportation Authority with Public Transportation Authority in Art. I; P.A. 83-487 added
reference to successors to Connecticut Public Transportation Authority; P.A. 85-613 made technical change to restore
language inadvertently lost through computer processing error.
(a) Mass
transportation and railroad service operated pursuant to this compact shall be exempt
from state regulation.
(b) During such time as the Metropolitan Transportation Authority, a state agency
of the state of New York, or any subsidiary corporation of said authority shall operate
the New Haven commuter railroad service under and by virtue of an interstate compact
between the state of Connecticut and the state of New York, none of the authority's
activities conducted within the boundaries of the state of Connecticut for or in connection
with the operation, maintenance, repair or improvement of such service or of the
agency's facilities shall be subject to any state or local tax, nor shall any state or local
tax be imposed upon the possession, sale, storage, acceptance, consumption or other
use of tangible personal property, including but not limited to motor fuels, by said authority or upon the rendering of services to said authority, for such operation, maintenance,
repair or improvement. The Commissioner of Revenue Services shall provide exemption
certificates, prepared by him, to the authority enabling it to avail itself of the benefits
of this provision, but such benefits shall not be conditioned upon the preparation, issuance or acceptance of any such certificate.
(1969, P.A. 46, S. 2; P.A. 88-134, S. 2, 3.)
History: P.A. 88-134 added Subsec. (b) re exemption of any of the Metropolitan Transportation Authority's activities
conducted in the state from any state or local tax, effective May 6, 1988, and applicable to assessment year commencing
October 1, 1988, and thereafter.
Since this section specifically refers to "state regulation", it is controlling as an exception to the Environmental Protection
Act, which is general in its terms. 166 C. 337.
|
