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counties, cities, towns, and villages in accordance with subdivisions 2 and 3 of section 10-c of the highway law. Notwithstanding the provisions of any general or special law, no part of this appropriation shall be available until a certificate of approval of availability for so much as shall be necessary to accomplish the purposes prescribed by by the appropriation shall have been issued by the director of the budget, and a copy of such certificate of approval filed with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such certificate may be amended by the director of the budget in the same manner as originally authorized

To be
made available to the department of transportation
for distribution and payment to counties, cities, towns,
and villages in accordance with the per centums esta-
blished in subdivision five of section two hundred
thirty-two of the transportation law.
Notwithstanding any inconsistent provisions of law, the
moneys hereby appropriated shall be distributed in four
equal payments on or
before the twenty-fifth day of
April, June, September and December, nineteen hundred
eighty-five

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MASS TRANSPORTATION OPERATING ASSISTANCE

The sum of one hundred thirty-four million dollars ($134,000,000), or so much thereof as may be necessary, is hereby appropriated from the local assistance account of the general fund to the department of transportation for the payment of mass transportation operating assistance pursuant to section 18-b of the transportation law for the period April first, nineteen hundred eightyfive to March thirty-first, nineteen hundred eighty-six in accordance with the following schedule

134,000,000

SCHEDULE

General Fund Local Assistance Account

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December 31, 1985

For the period April 1, 1985 To the metropolitan transportation authority for the operating expenses of the New York city transit authority, the Manhattan and Bronx surface transit operating authority, and the Staten Island rapid transit operating authority

..68,767,000

Underlined items vetoed by the Governor. (See veto message at end of chapter.)

AID TO LOCALITIES - STATE AGENCIES

To the metropolitan transportation authority for the operating expenses of the Long Island rail road company and the metro-north commuter railroad company which include operating expenses for the New York state portion of Harlem, Hudson, Port Jervis, Pascack, and New Haven commuter railroad services regardless of whether such services are provided directly or pursuant to joint service agreements

For the period January 1, 1986 March 31, 1986 To the metropolitan transportation authority for the operating expenses of the New York City transit authority, the Manhattan and Bronx surface transit operating authority and the Staten Island rapid transit operating authority

To the metropolitan transportation authority for the oper-
ating expenses of the Long Island rail road company and
the metropolitan commuter railroad company which include
operating expenses for the New York state portion of
Harlem, Hudson, Port Jervis, Pascack and New Haven com-
muter railroad whether such services are provided
directly or pursuant to joint service agreements
Notwithstanding any other provision of the law to the con-
trary, no part of this appropriation for the period Jan-
uary 1, 1986 · March 31, 1986 shall be made available to
the metropolitan transportation authority until the
metropolitan transportation authority has submitted its
operating budgets in compliance with the following
section.
On or before October fifteenth, nineteen hundred eighty-
five the chairman of the metropolitan transportation
authority shall submit to the director of the budget
proposed 1986 operating budgets for the metropolitan
transportation authority. the New York city transit
authority (including the Manhattan and Bronx surface
transportation authority). the Staten Island rapid
transportation authority, the Long Island rail road, and
the metro-north commuter railroad (including Pascack and
Port Jervis services). The budgets shall be submitted in
such form as the director of the budget shall prescribe
but shall for each operation include the following:
(a) estimates of all revenues by source including trans-
fers from capital budgets;

(b) the number of personnel and funding requested for each
program and necessary funding within each operation in-
cluding full time employees and temporary service;
(c) amounts for other than personal service within each
program including, but not limited to, separate items of
expenditure for fringe benefits, supplies and materials.
contractual services, judgements and claims. power and
fuel: and

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Underlined items vetoed by the Governor. (See veto message at end of chapter.)

AID TO LOCALITIES - STATE AGENCIES

(d) any other information the director of the budget shall determine is necessary to evaluate the expenditures of the operations.

The director of the budget shall submit to the chairman of the metropolitan transportation authority, the chairman of the senate finance committee and the chairman of the assembly ways and means committee an evaluation of revenues and expenditures proposed in the budgets on or before December first nineteen hundred eighty-five. Such analysis shall be used in recommending the level of appropriation to the metropolitan transportation authority for the fiscal year 1986-87 budget. The director of the budget shall establish a maximum amount that can be spent on the metropolitan transportation authority administrative budget, currently identified as "metropolitan transportation authority headquarters" expenses. Such amount prescribed by the director of the budget shall be included in the 1986-87 request for appropriations and shall only be amended by specific action of the legislature.

No part of this appropriation shall be construed to limit the maintenance covenants with bond holders and note holders but shall only impact the ability of the metropolitan transportation authority to receive grants pursuant to section eighteen-b of the transportation law as amended by this chapter.

To

To

the Capital District Transportation Authority for the operating expenses thereof

....

the Central New York Regional Transportation Authority for the operating expenses thereof To the Rochester-Genesee Regional Transportation Authority for the operating expenses thereof

To the Niagara Frontier Transportation Authority for the operating expenses thereof ...

Το the City of New York for the operating expenses of the Staten Island Ferry notwithstanding any other provision of law

To all other public transportation systems eligible to
receive operating assistance under the provisions of
section 18-b of the transportation law for the operating
expenses thereof in accordance with a service and usage
formula to
be established by the commissioner with the
approval of the director of the budget:
--serving primarily within the metropolitan transporta-
tion commuter district ....

--serving primarily outside of the metropolitan trans-
portation commuter district

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Underlined items vetoed by the Governor. (See veto message at end of chapter.)

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may

In establishing a service and usage formula for mass transportation operating assistance, the commissioner combine and/or take into consideration those formulas used to distribute mass transportation operating assistance payments authorized by separate appropriations in order to facilitate program administration and to ensure an orderly distribution of such funds. Notwithstanding the provisions of subdivision 3 of section. 18-b of the transportation law or the provisions of any other general or special law, the quarterly service payment of assistance to eligible public transportation bus systems pursuant to section eighteen-b of the transportation law for the period April first, nineteen hundred eighty-five to March thirty-first, nineteen hundred eighty-six shall not be greater than a sum computed by applying the formula authorized above. Whenever it is determined by the commissioner that the amount of money appropriated for service payments is less than the total amount of money for which these systems are eligible, the commissioner may establish on a quarterly or annual basis, a maximum service payment limit which is lower than that provided by the formula established by the commissioner. To ensure that major private bus operations, as defined by the commissioner, do not make excess profits, the commissioner of transportation shall limit operating assistance to an amount which will not provide more than a reasonable return based on equity and operating revenue as defined by program rules and regulations.

In the case of a service payment made to a regional transportation authority on account of mass transportation services provided to more than one county (considering the city of New York to be one county), the respective shares of the matching payments required to be made by a county to any such authority pursuant to the provisions of this appropriation shall be as follows:

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Intercity bus companies under a joint service agreement with the commissioner pursuant to section fourteen-g of the transportation law that receive quarterly section 18-b of the transportation law service payments shall commit sums equal to such payments to the use of the public transportation system, not later than the twentyfifth day of the second month of each quarter. Notwithstanding the provisions of paragraph a of subdivision 5 of section 18-b of the transportation law, the commissioner in the program rules and regulations may authorize the use of revenues other than the payment of fares by the passengers, for the payment made pursuant to paragraph a of subdivision 5 of such section. Notwithstanding any other provisions of section 18-b of the transportation law or any other law, any moneys allocated to a public benefit corporation constituting transportation authority in payment of state operating assistance or such lesser amount as the authority shall make application for, shall be paid by the commissioner of transportation to such authority in lieu, and in full satisfaction, of any amounts to which the authority would otherwise be entitled to receive under the provisions of this appropriation.

Notwithstanding the reporting date provision of section seventeen-a of the transportation law, the reports of

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