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A09087 Summary:

A09087 Actions:

A09087 Floor Votes:

A09087 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9087
 
                   IN ASSEMBLY
 
                                     March 13, 2014
                                       ___________
 
        Introduced  by M. of A. BRENNAN, WEISENBERG, BROOK-KRASNY -- Multi-Spon-
          sored by -- M. of A.  ABBATE, ARROYO, BUCHWALD, CLARK,  COOK,  DAVILA,
          GALEF,  GOTTFRIED,  JAFFEE,  LENTOL,  MAYER,  MILLER, MILLMAN, MOSLEY,
          NOLAN, RIVERA, SCHIMEL, SKARTADOS, SWEENEY, TITONE --  read  once  and
          referred to the Committee on Corporations, Authorities and Commissions
 

        AN  ACT to amend the public authorities law, in relation to establishing
          a committee on safety within the metropolitan transportation authority
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (b)  of  subdivision  4 of section 1263 of the
     2  public authorities law, as amended by chapter 549 of the laws  of  1994,
     3  is amended to read as follows:
     4    (b)  The  chairman  shall  establish  committees  to assist him in the
     5  performance of his duties and shall appoint members of the authority  to
     6  such  committees.  Among  such committees, there shall be a committee on
     7  operations of the New York city transit  authority,  the  Manhattan  and
     8  Bronx  surface  transit  operating authority and the Staten Island rapid
     9  transit operating authority; a  committee  on  operations  of  the  Long

    10  Island  Rail Road and the metropolitan suburban bus authority; a commit-
    11  tee on operations of the Metro-North commuter railroad; a  committee  on
    12  operations of the Triborough bridge and tunnel authority; a committee on
    13  finance; [and] a committee on capital program oversight; and a committee
    14  on safety. In addition to such appointed members, each of the non-voting
    15  members  referred to in subparagraph two of paragraph (a) of subdivision
    16  one of this section shall serve on  the  committee  on  capital  program
    17  oversight,  the  committee  on  finance,  the  committee  on safety, the
    18  committee on operations of the Triborough bridge and  tunnel  authority,
    19  and  the  operations  committee  relevant  to  the commuter council that
    20  recommended such member. The alternate  non-voting  members  shall  each

    21  serve  on  the  respective operations committee relevant to the commuter
    22  council that recommended each member.  The committee on capital  program
    23  oversight  and the committee on safety shall include not less than three
    24  members, and shall include the chairpersons of the  committee  on  oper-
    25  ations  of  the New York city transit authority, the Manhattan and Bronx
    26  surface transit operating authority and the Staten Island rapid  transit
    27  operating authority, the committee on operations of the Long Island Rail
    28  Road  and  the metropolitan suburban bus authority, and the committee on
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14228-01-4
        A. 9087                             2

 
     1  operations of the Metro-North commuter railroad. [Such] The committee on
     2  safety shall convene at least once annually and  each  committee  chair-
     3  person, that is a member of the committee on safety, shall report to the
     4  committee  on safety any and all initiatives, concerns, improvements, or
     5  failures involving the safety of: (1) customers; (2) employees; and  (3)
     6  the  public  at large, in relation to authority facilities and services.
     7  The capital program committee shall, with respect  to  any  approved  or
     8  proposed  capital  program  plans,  (i)  monitor  the current and future
     9  availability of funds to be utilized for such plans approved or proposed
    10  to be submitted  to  the  metropolitan  transportation  capital  program

    11  review  board as provided in section twelve hundred sixty-nine-b of this
    12  title; (ii) monitor the contract awards of the metropolitan  transporta-
    13  tion  authority  and  the New York city transit authority to insure that
    14  such awards are consistent with (A) provisions of law authorizing United
    15  States content and New York state  content;  (B)  collective  bargaining
    16  agreements; (C) provisions of law providing for participation by minori-
    17  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
    18  competitive bidding requirements including those regarding  sole  source
    19  contracts;  and  (F) any other relevant requirements established by law;
    20  (iii) monitor the award of contracts to determine  if  such  awards  are
    21  consistent with the manner in which the work was traditionally performed
    22  in  the past provided, however, that any such determination shall not be

    23  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
    24  review  the  relationship  between capital expenditures pursuant to each
    25  such capital program  plan  and  current  and  future  operating  budget
    26  requirements;  (v) monitor the progress of capital elements described in
    27  each capital program plan approved as provided in section twelve hundred
    28  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
    29  to  be  incurred  for  each  such  element;  and  (vii) identify capital
    30  elements not progressing on schedule, ascertain responsibility  therefor
    31  and  recommend those actions required or appropriate to accelerate their
    32  implementation. The capital program committee shall  issue  a  quarterly
    33  report  on its activities and findings, and shall in connection with the
    34  preparation of such quarterly report, consult with the state division of

    35  the budget, the state department of transportation, the members  of  the
    36  metropolitan  transportation  authority capital program review board and
    37  any other group the committee deems relevant, including public  employee
    38  organizations,  and,  at  least  annually,  with a nationally recognized
    39  independent transit engineering firm. Such report shall be  made  avail-
    40  able to the members of the authority, to the members of the metropolitan
    41  transportation authority capital program review board, and the directors
    42  of the municipal assistance corporation for the city of New York.
    43    §  2.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
    44  authorities law, as amended by chapter 494  of  the  laws  of  1990,  is
    45  amended to read as follows:
    46    (b)  The  chairman  shall  establish  committees  to assist him in the

    47  performance of his duties and shall appoint members of the authority  to
    48  such  committees.  Among  such committees, there shall be a committee on
    49  operations of the New York city transit  authority,  the  Manhattan  and
    50  Bronx  surface  transit  operating authority and the Staten Island rapid
    51  transit operating authority; a  committee  on  operations  of  the  Long
    52  Island  Rail Road and the metropolitan suburban bus authority; a commit-
    53  tee on operations of the Metro-North commuter railroad; a  committee  on
    54  operations of the Triborough bridge and tunnel authority; a committee on
    55  finance; [and] a committee on capital program oversight; and a committee
    56  on  safety. The committee on capital program oversight shall include not
        A. 9087                             3
 

     1  less than [three] four members, and shall include  the  chairpersons  of
     2  the  committee on operations of the New York city transit authority, the
     3  Manhattan and Bronx surface transit operating authority and  the  Staten
     4  Island rapid transit operating authority, the committee on operations of
     5  the  Long  Island Rail Road and the metropolitan suburban bus authority,
     6  [and] the committee on operations of the Metro-North commuter  railroad,
     7  and  the  committee  on  safety.  [Such]  The  committee on safety shall
     8  convene at least once annually and each committee chairperson, that is a
     9  member of the committee on safety, shall  report  to  the  committee  on
    10  safety  any  and  all  initiatives,  concerns, improvements, or failures

    11  involving the safety of: (1)  customers;  (2)  employees;  and  (3)  the
    12  public  at  large, in relation to authority facilities and services. The
    13  capital program  committee  shall,  with  respect  to  any  approved  or
    14  proposed  capital  program  plans,  (i)  monitor  the current and future
    15  availability of funds to be utilized for such plans approved or proposed
    16  to be submitted  to  the  metropolitan  transportation  capital  program
    17  review  board as provided in section twelve hundred sixty-nine-b of this
    18  title; (ii) monitor the contract awards of the metropolitan  transporta-
    19  tion  authority  and  the New York city transit authority to insure that
    20  such awards are consistent with (A) provisions of law authorizing United
    21  States content and New York state  content;  (B)  collective  bargaining

    22  agreements; (C) provisions of law providing for participation by minori-
    23  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
    24  competitive bidding requirements including those regarding  sole  source
    25  contracts;  and  (F) any other relevant requirements established by law;
    26  (iii) monitor the award of contracts to determine  if  such  awards  are
    27  consistent with the manner in which the work was traditionally performed
    28  in  the past provided, however, that any such determination shall not be
    29  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
    30  review  the  relationship  between capital expenditures pursuant to each
    31  such capital program  plan  and  current  and  future  operating  budget
    32  requirements;  (v) monitor the progress of capital elements described in
    33  each capital program plan approved as provided in section twelve hundred

    34  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
    35  to  be  incurred  for  each  such  element;  and  (vii) identify capital
    36  elements not progressing on schedule, ascertain responsibility  therefor
    37  and  recommend those actions required or appropriate to accelerate their
    38  implementation. The capital program committee shall  issue  a  quarterly
    39  report  on its activities and findings, and shall in connection with the
    40  preparation of such quarterly report, consult with the state division of
    41  the budget, the state department of transportation, the members  of  the
    42  metropolitan  transportation  authority capital program review board and
    43  any other group the committee deems relevant, including public  employee
    44  organizations,  and,  at  least  annually,  with a nationally recognized
    45  independent transit engineering firm. Such report shall be  made  avail-

    46  able to the members of the authority, to the members of the metropolitan
    47  transportation authority capital program review board, and the directors
    48  of the municipal assistance corporation for the city of New York.
    49    §  3. This act shall take effect immediately, provided that the amend-
    50  ments to paragraph (b) of subdivision 4 of section 1263  of  the  public
    51  authorities  law made by section one of this act shall be subject to the
    52  expiration and reversion of such subdivision pursuant to  section  3  of
    53  chapter  549  of  the  laws of 1994, as amended, when upon such date the
    54  provisions of section two of this act shall take effect.