Adds an additional two non-voting members to the metropolitan transportation authority board, one who is the police chief of the MTA police department and the other who is chosen by the labor organization representing the majority of employees of the police department of the authority.
STATE OF NEW YORK
________________________________________________________________________
7027
2025-2026 Regular Sessions
IN SENATE
March 28, 2025
___________
Introduced by Sen. CHAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to adding an
additional two non-voting members to the metropolitan transportation
authority board who represent the police force of such authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 1 of
2 section 1263 of the public authorities law, subparagraph 1 as amended by
3 chapter 68 and subparagraph 2 as amended by chapter 631 of the laws of
4 2024, are amended to read as follows:
5 (1) There is hereby created the "metropolitan transportation authori-
6 ty." The authority shall be a body corporate and politic constituting a
7 public benefit corporation. The authority shall consist of a chair-
8 person, sixteen other voting members, and [two] four non-voting and four
9 alternate non-voting members, as described in subparagraph two of this
10 paragraph appointed by the governor by and with the advice and consent
11 of the senate. Any member appointed to a term commencing on or after
12 June thirtieth, two thousand nine shall have experience in one or more
13 of the following areas: transportation, public administration, business
14 management, finance, accounting, law, engineering, land use, urban and
15 regional planning, management of large capital projects, labor
16 relations, public safety, or have experience in some other area of
17 activity central to the mission of the authority. Four of the sixteen
18 voting members other than the chairperson shall be appointed on the
19 written recommendation of the mayor of the city of New York; and each of
20 seven other voting members other than the chairperson shall be appointed
21 after selection from a written list of three recommendations from the
22 chief executive officer of the county in which the particular member is
23 required to reside pursuant to the provisions of this subdivision. Of
24 the members appointed on recommendation of the chief executive officer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07091-01-5
S. 7027 2
1 of a county, one such member shall be, at the time of appointment, a
2 resident of the county of Nassau, one a resident of the county of
3 Suffolk, one a resident of the county of Westchester, one a resident of
4 the county of Dutchess, one a resident of the county of Orange, one a
5 resident of the county of Putnam and one a resident of the county of
6 Rockland, provided that the term of any member who is a resident of a
7 county that has withdrawn from the metropolitan commuter transportation
8 district pursuant to section twelve hundred seventy-nine-b of this title
9 shall terminate upon the effective date of such county's withdrawal from
10 such district. Of the five voting members, other than the chairperson,
11 appointed by the governor without recommendation from any other person,
12 three shall be, at the time of appointment, residents of the city of New
13 York and two shall be, at the time of appointment, residents of such
14 city or of any of the aforementioned counties in the metropolitan commu-
15 ter transportation district. Provided however, notwithstanding the fore-
16 going residency requirement, one of the five voting members appointed by
17 the governor without recommendation from any other person, other than
18 the chairperson, may be the director of the New York state division of
19 the budget, and provided further that, in the event of such appointment,
20 the budget director's membership in the authority shall be deemed ex-of-
21 ficio. Provided further, one of the twelve voting members, other than
22 the chairperson, appointed by the governor without recommendation by any
23 other person, or on the recommendation of the mayor of the city of New
24 York, or of the chief executive officer of the counties of Westchester,
25 Nassau, or Suffolk shall be a transit dependent individual. A "transit
26 dependent individual" shall mean an individual who is limited to public
27 transit as their primary mode of transportation because the individual
28 has a permanent disability, provided that any local or statewide transit
29 advocacy organization may recommend one or more transit dependent indi-
30 viduals to be considered for appointment pursuant to this section. The
31 chairperson and each of the members shall be appointed for a term of six
32 years, provided however, that the chairperson first appointed shall
33 serve for a term ending June thirtieth, nineteen hundred eighty-one,
34 provided that thirty days after the effective date of the chapter of the
35 laws of two thousand nine which amended this subparagraph, the term of
36 the chairperson shall expire; provided, further, that such chairperson
37 may continue to discharge the duties of [his or her] such chairperson's
38 office until the position of chairperson is filled by appointment by the
39 governor upon the advice and consent of the senate and the term of such
40 new chairperson shall terminate June thirtieth, two thousand fifteen.
41 The sixteen other members first appointed shall serve for the following
42 terms: The members from the counties of Nassau and Westchester shall
43 each serve for a term ending June thirtieth, nineteen hundred eighty-
44 five; the members from the county of Suffolk and from the counties of
45 Dutchess, Orange, Putnam and Rockland shall each serve for a term ending
46 June thirtieth, nineteen hundred ninety-two; two of the members
47 appointed on recommendation of the mayor of the city of New York shall
48 each serve for a term ending June thirtieth, nineteen hundred eighty-
49 four and, two shall each serve for a term ending June thirtieth, nine-
50 teen hundred eighty-one; two of the members appointed by the governor
51 without the recommendation of any other person shall each serve for a
52 term ending June thirtieth, nineteen hundred eighty-two, two shall each
53 serve for a term ending June thirtieth, nineteen hundred eighty and one
54 shall serve for a term ending June thirtieth, nineteen hundred eighty-
55 five. The [two] four non-voting and four alternate non-voting members
56 shall serve until January first, two thousand one. The members from the
S. 7027 3
1 counties of Dutchess, Orange, Putnam and Rockland shall cast one collec-
2 tive vote.
3 (2) There shall be [two] four non-voting members and four alternate
4 non-voting members of the authority, as referred to in subparagraph one
5 of this paragraph.
6 The first non-voting member shall be a regular mass transit user of
7 the facilities of the authority and be recommended to the governor by
8 the New York city transit authority advisory council. The first alter-
9 nate non-voting member shall be a regular mass transit user of the
10 facilities of the authority and be recommended to the governor by the
11 Metro-North commuter council. The second alternate non-voting member
12 shall be a regular mass transit user of the facilities of the authority
13 and be recommended to the governor by the Long Island Rail Road
14 commuter's council.
15 The second non-voting member shall be recommended to the governor by
16 the labor organization representing the majority of employees of the
17 Long Island Rail Road. The third alternate non-voting member shall be
18 recommended to the governor by the labor organization representing the
19 majority of employees of the New York city transit authority. The fourth
20 alternate non-voting member shall be recommended to the governor by the
21 labor organization representing the majority of employees of the Metro-
22 North Commuter Railroad Company. Notwithstanding any other provision of
23 law, the alternate non-voting member recommended by the labor organiza-
24 tion representing the majority of employees of the Metro-North Commuter
25 Railroad Company may be a resident of any state in which the Metro-North
26 Commuter Railroad Company operates. The [chairman] chairperson of the
27 authority, at [his] the chairperson's direction, may exclude such non-
28 voting member or alternate non-voting member from attending any portion
29 of a meeting of the authority or of any committee established pursuant
30 to paragraph (b) of subdivision four of this section held for the
31 purpose of discussing negotiations with labor organizations.
32 The third non-voting member shall be the police chief of the authori-
33 ty, or such police chief's designee.
34 The fourth non-voting member shall be recommended to the governor by
35 the labor organization representing the majority of employees of the
36 police department of the authority. The chairperson of the authority, at
37 the chairperson's direction, may exclude such non-voting member from
38 attending any portion of a meeting of the authority or of any committee
39 established pursuant to paragraph (b) of subdivision four of this
40 section held for the purpose of discussing negotiations with labor
41 organizations.
42 The non-voting member and the two alternate non-voting members repres-
43 enting the New York [York] city transit authority advisory council, the
44 Metro-North commuter council, and the Long Island Rail Road commuter's
45 council shall serve eighteen month rotating terms, after which time an
46 alternate non-voting member shall become the non-voting member and the
47 rotation shall continue until each alternate member has served at least
48 one eighteen month term as a non-voting member. The other non-voting
49 member and alternate non-voting members representing the New York city
50 transit authority, Metro-North Commuter Railroad Company, and the Long
51 Island Rail Road labor organizations shall serve eighteen month rotating
52 terms, after which time an alternate non-voting member shall become the
53 non-voting member and the rotation shall continue until each alternate
54 member has served at least one eighteen month term as a non-voting
55 member. The transit authority and the commuter railroads shall not be
56 represented concurrently by the two non-voting members during any such
S. 7027 4
1 eighteen month period. The other non-voting member representing the
2 labor organization of the police department of the authority shall serve
3 a term of eighteen months.
4 § 2. Paragraph (b) of subdivision 4 of section 1263 of the public
5 authorities law, as amended by section 1 of chapter 425 of the laws of
6 2018, is amended to read as follows:
7 (b) The [chairman] chairperson shall establish committees to assist
8 [him] such chairperson in the performance of [his] such chairperson's
9 duties and shall appoint members of the authority to such committees.
10 Among such committees, there shall be a committee on operations of the
11 New York city transit authority, the Manhattan and Bronx surface transit
12 operating authority and the Staten Island rapid transit operating
13 authority; a committee on operations of the Long Island Rail Road and
14 the metropolitan suburban bus authority; a committee on operations of
15 the Metro-North commuter railroad; a committee on operations of the
16 Triborough bridge and tunnel authority; a committee on finance; a
17 committee on capital program oversight; and a committee on safety. In
18 addition to such appointed members, each of the non-voting members
19 referred to in subparagraph two of paragraph (a) of subdivision one of
20 this section shall serve on the committee on capital program oversight,
21 the committee on finance, the committee on safety, the committee on
22 operations of the Triborough bridge and tunnel authority, and the oper-
23 ations committee relevant to the commuter council that recommended such
24 member. The alternate non-voting members shall each serve on the respec-
25 tive operations committee relevant to the commuter council that recom-
26 mended each member. The committee on capital program oversight and the
27 committee on safety shall include not less than three members, and shall
28 include the chairpersons of the committee on operations of the New York
29 city transit authority, the Manhattan and Bronx surface transit operat-
30 ing authority and the Staten Island rapid transit operating authority,
31 the committee on operations of the Long Island Rail Road and the metro-
32 politan suburban bus authority, and the committee on operations of the
33 Metro-North commuter railroad. The committee on safety shall include
34 the police chief of the authority or such police chief's designee and
35 the non-voting member representing the labor organization of the police
36 department of the authority. The committee on safety shall convene at
37 least once annually and each committee chairperson, that is a member of
38 the committee on safety, shall report to the committee on safety any and
39 all initiatives, concerns, improvements, or failures involving the safe-
40 ty of: (1) customers; (2) employees; and (3) the public at large, in
41 relation to authority facilities and services. The capital program
42 committee shall, with respect to any approved or proposed capital
43 program plans, (i) monitor the current and future availability of funds
44 to be utilized for such plans approved or proposed to be submitted to
45 the metropolitan transportation capital program review board as provided
46 in section twelve hundred sixty-nine-b of this title; (ii) monitor the
47 contract awards of the metropolitan transportation authority and the New
48 York city transit authority to insure that such awards are consistent
49 with (A) provisions of law authorizing United States content and New
50 York state content; (B) collective bargaining agreements; (C) provisions
51 of law providing for participation by minority and women-owned busi-
52 nesses; (D) New York state labor laws; (E) competitive bidding require-
53 ments including those regarding sole source contracts; and (F) any other
54 relevant requirements established by law; (iii) monitor the award of
55 contracts to determine if such awards are consistent with the manner in
56 which the work was traditionally performed in the past provided, howev-
S. 7027 5
1 er, that any such determination shall not be admissible as evidence in
2 any arbitration or judicial proceeding; (iv) review the relationship
3 between capital expenditures pursuant to each such capital program plan
4 and current and future operating budget requirements; (v) monitor the
5 progress of capital elements described in each capital program plan
6 approved as provided in section twelve hundred sixty-nine-b of this
7 title; (vi) monitor the expenditures incurred and to be incurred for
8 each such element; and (vii) identify capital elements not progressing
9 on schedule, ascertain responsibility therefor and recommend those
10 actions required or appropriate to accelerate their implementation. The
11 capital program committee shall issue a quarterly report on its activ-
12 ities and findings, and shall in connection with the preparation of such
13 quarterly report, consult with the state division of the budget, the
14 state department of transportation, the members of the metropolitan
15 transportation authority capital program review board and any other
16 group the committee deems relevant, including public employee organiza-
17 tions, and, at least annually, with a nationally recognized independent
18 transit engineering firm. Such report shall be made available to the
19 members of the authority, to the members of the metropolitan transporta-
20 tion authority capital program review board, and the directors of the
21 municipal assistance corporation for the city of New York.
22 § 3. Paragraph (b) of subdivision 4 of section 1263 of the public
23 authorities law, as amended by section 2 of chapter 425 of the laws of
24 2018, is amended to read as follows:
25 (b) The [chairman] chairperson shall establish committees to assist
26 [him] such chairperson in the performance of [his] such chairperson's
27 duties and shall appoint members of the authority to such committees.
28 Among such committees, there shall be a committee on operations of the
29 New York city transit authority, the Manhattan and Bronx surface transit
30 operating authority and the Staten Island rapid transit operating
31 authority; a committee on operations of the Long Island Rail Road and
32 the metropolitan suburban bus authority; a committee on operations of
33 the Metro-North commuter railroad; a committee on operations of the
34 Triborough bridge and tunnel authority; a committee on finance; a
35 committee on capital program oversight; and a committee on safety. The
36 committee on capital program oversight shall include not less than four
37 members, and shall include the chairpersons of the committee on oper-
38 ations of the New York city transit authority, the Manhattan and Bronx
39 surface transit operating authority and the Staten Island rapid transit
40 operating authority, the committee on operations of the Long Island Rail
41 Road and the metropolitan suburban bus authority, the committee on oper-
42 ations of the Metro-North commuter railroad, and the committee on safe-
43 ty. The committee on safety shall include the police chief of the
44 authority or such police chief's designee and the non-voting member
45 representing the labor organization of the police department of the
46 authority. The committee on safety shall convene at least once annually
47 and each committee chairperson, that is a member of the committee on
48 safety, shall report to the committee on safety any and all initiatives,
49 concerns, improvements, or failures involving the safety of: (1) custom-
50 ers; (2) employees; and (3) the public at large, in relation to authori-
51 ty facilities and services. The capital program committee shall, with
52 respect to any approved or proposed capital program plans, (i) monitor
53 the current and future availability of funds to be utilized for such
54 plans approved or proposed to be submitted to the metropolitan transpor-
55 tation capital program review board as provided in section twelve
56 hundred sixty-nine-b of this title; (ii) monitor the contract awards of
S. 7027 6
1 the metropolitan transportation authority and the New York city transit
2 authority to insure that such awards are consistent with (A) provisions
3 of law authorizing United States content and New York state content; (B)
4 collective bargaining agreements; (C) provisions of law providing for
5 participation by minority and women-owned businesses; (D) New York state
6 labor laws; (E) competitive bidding requirements including those regard-
7 ing sole source contracts; and (F) any other relevant requirements
8 established by law; (iii) monitor the award of contracts to determine if
9 such awards are consistent with the manner in which the work was tradi-
10 tionally performed in the past provided, however, that any such determi-
11 nation shall not be admissible as evidence in any arbitration or judi-
12 cial proceeding; (iv) review the relationship between capital
13 expenditures pursuant to each such capital program plan and current and
14 future operating budget requirements; (v) monitor the progress of capi-
15 tal elements described in each capital program plan approved as provided
16 in section twelve hundred sixty-nine-b of this title; (vi) monitor the
17 expenditures incurred and to be incurred for each such element; and
18 (vii) identify capital elements not progressing on schedule, ascertain
19 responsibility therefor and recommend those actions required or appro-
20 priate to accelerate their implementation. The capital program committee
21 shall issue a quarterly report on its activities and findings, and shall
22 in connection with the preparation of such quarterly report, consult
23 with the state division of the budget, the state department of transpor-
24 tation, the members of the metropolitan transportation authority capital
25 program review board and any other group the committee deems relevant,
26 including public employee organizations, and, at least annually, with a
27 nationally recognized independent transit engineering firm. Such report
28 shall be made available to the members of the authority, to the members
29 of the metropolitan transportation authority capital program review
30 board, and the directors of the municipal assistance corporation for the
31 city of New York.
32 § 4. This act shall take effect on the first of January next succeed-
33 ing the date on which it shall have become a law; provided, however:
34 (a) the amendments to paragraph (a) of subdivision 1 of section 1263
35 of the public authorities law made by section one of this act shall not
36 affect the expiration of such paragraph and shall expire and be deemed
37 repealed therewith; and
38 (b) the amendments to paragraph (b) of subdivision 4 of section 1263
39 of the public authorities law made by section two of this act shall be
40 subject to the expiration and reversion of such paragraph pursuant to
41 section 3 of chapter 549 of the laws of 1994, as amended, when upon such
42 date the provisions of section three of this act shall take effect.
