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S01148 Summary:

BILL NOS01148
 
SAME ASSAME AS A01162
 
SPONSORGOUNARDES
 
COSPNSRCLEARE, COMRIE, FERNANDEZ, GIANARIS, HARCKHAM, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MARTINEZ, MAYER, MYRIE, RAMOS, SALAZAR, SCARCELLA-SPANTON, SEPULVEDA, SERRANO, WEBER
 
MLTSPNSR
 
Amd §1263, Pub Auth L
 
Provides voting membership to existing non-voting rider representatives on the MTA Board, provides for enhanced representation of MTA riders with disabilities.
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S01148 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1148
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens.  GOUNARDES,  CLEARE,  COMRIE, FERNANDEZ, GIANARIS,
          HARCKHAM, HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  LIU,  MARTINEZ,  MAYER,
          MYRIE,  RAMOS,  SALAZAR,  SCARCELLA-SPANTON,  SEPULVEDA, WEBER -- 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 enacting the
          rider representation act
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "rider representation act".
     3    § 2. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
     4  authorities law, as amended by chapter 549 of the laws of 1994, subpara-
     5  graph 1 as amended by chapter 68 of the laws of 2024, is amended to read
     6  as follows:
     7    (a)  (1)  There  is  hereby  created  the "metropolitan transportation
     8  authority."  The authority shall be a body corporate and politic consti-
     9  tuting a public benefit corporation. The authority shall  consist  of  a
    10  chairperson,  [sixteen]  twenty other voting members, and [two] one non-
    11  voting and [four] two alternate  non-voting  members,  as  described  in
    12  subparagraph two of this paragraph appointed by the governor by and with
    13  the  advice  and  consent  of the senate. Any member appointed to a term
    14  commencing on or after June thirtieth,  two  thousand  nine  shall  have
    15  experience in one or more of the following areas: transportation, public
    16  administration, business management, finance, accounting, law, engineer-
    17  ing,  land use, urban and regional planning, management of large capital
    18  projects, labor relations, or have experience  in  some  other  area  of
    19  activity  central  to  the mission of the authority. Four of the sixteen
    20  voting members other than the chairperson  shall  be  appointed  on  the
    21  written  recommendation of the mayor of the city of New York; one of the
    22  twenty voting members other than the chairperson shall be  appointed  on
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01670-01-5

        S. 1148                             2
 
     1  the  written recommendation of the New York city transit authority advi-
     2  sory council; one of the twenty voting members  other  than  the  chair-
     3  person  shall  be  appointed on the written recommendation of the Metro-
     4  North rail commuter council; one of the twenty voting members other than
     5  the  chairperson shall be appointed on the written recommendation of the
     6  Long Island Rail Road commuter's  council;  one  of  the  twenty  voting
     7  members  other  than  the  chairperson shall be appointed on the written
     8  recommendation of the commissioner of the New York city  mayor's  office
     9  for  people  with  disabilities,  as  such  office is defined in section
    10  22-301 of the administrative code of the city of New York, provided that
    11  such commissioner shall consult with disability advisory bodies  to  the
    12  authority  and  external  disability  advocacy organizations when making
    13  such appointment; and each of seven other voting members other than  the
    14  chairperson  shall  be  appointed after selection from a written list of
    15  three recommendations from the chief executive officer of the county  in
    16  which  the  particular  member  is  required  to  reside pursuant to the
    17  provisions of this subdivision. Of the members appointed on  recommenda-
    18  tion  of  the chief executive officer of a county, one such member shall
    19  be, at the time of appointment, a resident of the county of Nassau,  one
    20  a  resident  of  the  county of Suffolk, one a resident of the county of
    21  Westchester, one a resident of the county of Dutchess, one a resident of
    22  the county of Orange, one a resident of the county of Putnam and  one  a
    23  resident of the county of Rockland, provided that the term of any member
    24  who  is  a resident of a county that has withdrawn from the metropolitan
    25  commuter transportation district  pursuant  to  section  twelve  hundred
    26  seventy-nine-b  of this title shall terminate upon the effective date of
    27  such county's withdrawal from such district. Of the five voting members,
    28  other than the chairperson, appointed by the governor without  recommen-
    29  dation  from  any  other person, three shall be, at the time of appoint-
    30  ment, residents of the city of New York and two shall be, at the time of
    31  appointment, residents of such city or  of  any  of  the  aforementioned
    32  counties  in the metropolitan commuter transportation district. Provided
    33  however, notwithstanding the foregoing residency requirement, one of the
    34  five voting members appointed by  the  governor  without  recommendation
    35  from  any  other person, other than the chairperson, may be the director
    36  of the New York state division of the budget, and provided further that,
    37  in the event of such appointment, the budget  director's  membership  in
    38  the  authority  shall be deemed ex-officio. Provided further, one of the
    39  twelve voting members, other than  the  chairperson,  appointed  by  the
    40  governor without recommendation by any other person, or on the recommen-
    41  dation  of  the mayor of the city of New York, or of the chief executive
    42  officer of the counties of Westchester, Nassau, or Suffolk  shall  be  a
    43  transit  dependent  individual.  A  "transit dependent individual" shall
    44  mean an individual who is limited to public  transit  as  their  primary
    45  mode  of transportation because the individual has a permanent disabili-
    46  ty, provided that any local or statewide transit  advocacy  organization
    47  may recommend one or more transit dependent individuals to be considered
    48  for  appointment  pursuant  to this section. The chairperson and each of
    49  the members shall be appointed for a term of six years, provided  howev-
    50  er,  that  the chairperson first appointed shall serve for a term ending
    51  June thirtieth, nineteen hundred eighty-one, provided that  thirty  days
    52  after the effective date of the chapter of the laws of two thousand nine
    53  which  amended  this  subparagraph,  the  term  of the chairperson shall
    54  expire;  provided,  further,  that  such  chairperson  may  continue  to
    55  discharge  the duties of [his or her] their office until the position of
    56  chairperson is filled by appointment by the governor upon the advice and

        S. 1148                             3
 
     1  consent of the senate and the term of such new chairperson shall  termi-
     2  nate  June thirtieth, two thousand fifteen. [The sixteen] Sixteen of the
     3  other members first appointed shall serve for the following  terms:  The
     4  members from the counties of Nassau and Westchester shall each serve for
     5  a  term ending June thirtieth, nineteen hundred eighty-five; the members
     6  from the county of Suffolk and from the counties  of  Dutchess,  Orange,
     7  Putnam  and  Rockland shall each serve for a term ending June thirtieth,
     8  nineteen hundred ninety-two; two of the members appointed on recommenda-
     9  tion of the mayor of the city of New York shall each serve  for  a  term
    10  ending  June thirtieth, nineteen hundred eighty-four and, two shall each
    11  serve for a term ending June thirtieth, nineteen hundred eighty-one; two
    12  of the members appointed by the governor without the  recommendation  of
    13  any  other  person  shall  each  serve for a term ending June thirtieth,
    14  nineteen hundred eighty-two, two shall each serve for a term ending June
    15  thirtieth, nineteen hundred eighty and one shall serve for a term ending
    16  June thirtieth, nineteen hundred eighty-five. [The  two  non-voting  and
    17  four  alternate  non-voting members shall serve until January first, two
    18  thousand one.] The members from the counties of Dutchess, Orange, Putnam
    19  and Rockland shall cast one collective vote.
    20    (2) There shall be [two] one non-voting [members]  member  and  [four]
    21  two  alternate  non-voting  members  of the authority, as referred to in
    22  subparagraph one of this paragraph.
    23    The first non-voting member shall be [a regular mass transit  user  of
    24  the  facilities  of  the authority and be recommended to the governor by
    25  the New York city transit authority advisory council. The  first  alter-
    26  nate  non-voting  member  shall  be  a  regular mass transit user of the
    27  facilities of the authority and be recommended to the  governor  by  the
    28  Metro-North  commuter  council.  The  second alternate non-voting member
    29  shall be a regular mass transit user of the facilities of the  authority
    30  and  be  recommended  to  the  governor  by  the  Long  Island Rail Road
    31  commuter's council.
    32    The second non-voting member shall be] recommended to the governor  by
    33  the  labor  organization  representing  the majority of employees of the
    34  Long Island Rail Road. The [third]  first  alternate  non-voting  member
    35  shall  be  recommended to the governor by the labor organization repres-
    36  enting the majority of employees of the New York city transit authority.
    37  The [fourth] second alternate non-voting member shall be recommended  to
    38  the  governor  by  the  labor  organization representing the majority of
    39  employees of the Metro-North Commuter Railroad Company.  The  [chairman]
    40  chairperson  of  the  authority,  at  [his] their direction, may exclude
    41  [such] any non-voting member or alternate non-voting member from attend-
    42  ing any portion of a meeting of the authority or of any committee estab-
    43  lished pursuant to paragraph (b) of subdivision  four  of  this  section
    44  held  for  the  purpose  of discussing negotiations with labor organiza-
    45  tions.
    46    [The non-voting  member  and  the  two  alternate  non-voting  members
    47  representing  the New York York city transit authority advisory council,
    48  the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
    49  commuter's  council  shall  serve  eighteen  month rotating terms, after
    50  which time an alternate non-voting member shall  become  the  non-voting
    51  member  and  the rotation shall continue until each alternate member has
    52  served at least one eighteen month term as  a  non-voting  member.]  The
    53  [other]  non-voting member and alternate non-voting members representing
    54  the New York  city  transit  authority,  Metro-North  Commuter  Railroad
    55  Company,  and  the Long Island Rail Road labor organizations shall serve
    56  eighteen month rotating terms, after which time an alternate  non-voting

        S. 1148                             4
 
     1  member shall become the non-voting member and the rotation shall contin-
     2  ue  until  each  alternate member has served at least one eighteen month
     3  term as a non-voting member. [The transit  authority  and  the  commuter
     4  railroads  shall  not  be represented concurrently by the two non-voting
     5  members during any such eighteen month period.]
     6    § 3. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
     7  authorities  law, as amended by section 2 of part E of chapter 39 of the
     8  laws of 2019, is amended to read as follows:
     9    (a) There is hereby created the "metropolitan transportation  authori-
    10  ty."  The authority shall be a body corporate and politic constituting a
    11  public benefit corporation. The authority shall consist of a  [chairman]
    12  chairperson and [sixteen] twenty other members appointed by the governor
    13  by  and  with the advice and consent of the senate. Any member appointed
    14  to a term commencing on or after June thirtieth, two thousand nine shall
    15  have experience in one or more of  the  following  areas  of  expertise:
    16  transportation,  public  administration,  business  management, finance,
    17  accounting, law, engineering, land use,  urban  and  regional  planning,
    18  management  of  large capital projects, labor relations, or have experi-
    19  ence in some other area of  activity  central  to  the  mission  of  the
    20  authority.  Four  of the [sixteen] twenty members other than the [chair-
    21  man] chairperson shall be appointed on the written recommendation of the
    22  mayor of the city of New York; one of the twenty  voting  members  other
    23  than the chairperson shall be appointed on the written recommendation of
    24  the  New York city transit authority advisory council; one of the twenty
    25  voting members other than the chairperson  shall  be  appointed  on  the
    26  written  recommendation of the Metro-North rail commuter council; one of
    27  the twenty voting members other than the chairperson shall be  appointed
    28  on  the  written  recommendation of the Long Island Rail Road commuter's
    29  council; one of the twenty voting members  other  than  the  chairperson
    30  shall  be appointed on the written recommendation of the commissioner of
    31  the New York city mayor's office for people with disabilities,  as  such
    32  office  is  defined in section 22-1301 of the administrative code of the
    33  city of New York, provided that such  commissioner  shall  consult  with
    34  disability  advisory  bodies  to  the  authority and external disability
    35  advocacy organizations when making such appointment; and each  of  seven
    36  other  members  other than the [chairman] chairperson shall be appointed
    37  after selection from a written list of three  recommendations  from  the
    38  chief  executive officer of the county in which the particular member is
    39  required to reside pursuant to the provisions of  this  subdivision.  Of
    40  the  members  appointed on recommendation of the chief executive officer
    41  of a county, one such member shall be, at the  time  of  appointment,  a
    42  resident  of  the  county  of  Nassau;  one  a resident of the county of
    43  Suffolk; one a resident of the county of Westchester; and one a resident
    44  of the county of Dutchess, one a resident of the county of Orange, one a
    45  resident of the county of Putnam and one a resident  of  the  county  of
    46  Rockland,  provided  that  the term of any member who is a resident of a
    47  county that has withdrawn from the metropolitan commuter  transportation
    48  district pursuant to section twelve hundred seventy-nine-b of this title
    49  shall terminate upon the effective date of such county's withdrawal from
    50  such  district.  Of  the  five members, other than the [chairman] chair-
    51  person, appointed by the governor without recommendation from any  other
    52  person,  three  shall  be,  at the time of appointment, residents of the
    53  city of New York and two shall be, at the time of appointment, residents
    54  of such city or of any of the aforementioned counties in  the  metropol-
    55  itan commuter transportation district. Provided however, notwithstanding
    56  the  foregoing  residency  requirement,  one  of the five voting members

        S. 1148                             5
 
     1  appointed by the governor without recommendation from any other  person,
     2  other  than  the  [chairman] chairperson, may be the director of the New
     3  York state division of the budget, and provided  further  that,  in  the
     4  event  of  such  appointment,  the  budget  director's membership in the
     5  authority shall be deemed ex-officio.   The [chairman]  chairperson  and
     6  each of the members shall be appointed for a term of six years, provided
     7  however, that the [chairman] chairperson first appointed shall serve for
     8  a term ending June thirtieth, nineteen hundred eighty-one, provided that
     9  thirty  days  after the effective date of the chapter of the laws of two
    10  thousand nine which amended this paragraph, the term of  the  [chairman]
    11  chairperson shall expire; provided, further, that such [chairman] chair-
    12  person  may continue to discharge the duties of [his] their office until
    13  the position of [chairman] chairperson is filled by appointment  by  the
    14  governor  upon the advice and consent of the senate and the term of such
    15  new [chairman] chairperson shall terminate June thirtieth, two  thousand
    16  fifteen.  [The  sixteen]  Sixteen  of  the other members first appointed
    17  shall serve for the following terms: The members from  the  counties  of
    18  Nassau  and  Westchester shall each serve for a term ending June thirti-
    19  eth, nineteen hundred  eighty-five;  the  members  from  the  county  of
    20  Suffolk  and  from the counties of Dutchess, Orange, Putnam and Rockland
    21  shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
    22  ninety-two;  two of the members appointed on recommendation of the mayor
    23  of the city of New York shall each serve for a term ending June  thirti-
    24  eth,  nineteen  hundred eighty-four and, two shall each serve for a term
    25  ending June thirtieth, nineteen hundred eighty-one; two of  the  members
    26  appointed by the governor without the recommendation of any other person
    27  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
    28  eighty-two, two shall each serve for a term ending June thirtieth, nine-
    29  teen hundred eighty and one shall serve for a term ending  June  thirti-
    30  eth,  nineteen  hundred  eighty-five.  The  members from the counties of
    31  Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
    32    § 4. Paragraph (c) of subdivision 1 of  section  1263  of  the  public
    33  authorities law, as added by section 3 of subpart B of part ZZZ of chap-
    34  ter 59 of the laws of 2019, is amended to read as follows:
    35    (c)  (i)  Notwithstanding  any inconsistent provision of this section,
    36  the term of any voting member shall expire upon the  expiration  of  the
    37  term  in  office  being served by the county elected official upon whose
    38  recommendation they were appointed;  provided,  however,  that  in  such
    39  circumstance  such  member  may  serve as a holdover appointee for sixty
    40  days, or until such time as a new  member  is  appointed,  whichever  is
    41  less.  The  term  of  any  member  appointed  to replace such a holdover
    42  appointee shall expire at the end of the term in office  of  the  county
    43  elected official upon whose recommendation such member was appointed. If
    44  a  county  elected official leaves office because of death, resignation,
    45  removal or disability, however, a member appointed upon such  official's
    46  recommendation  shall  continue  to serve until such time as such county
    47  elected office is filled, at which time such member will become a  hold-
    48  over appointee and may serve for sixty days, or until such time as a new
    49  member is appointed, whichever is less.
    50    (ii)  Notwithstanding  any inconsistent provision of this section, the
    51  term of any [chairman] chairperson or any  voting  member  shall  expire
    52  upon  the  expiration  of the term in office being served by the city or
    53  state elected official upon whose recommendation  they  were  appointed;
    54  provided,  however, that in such circumstance the [chairman] chairperson
    55  or such member may serve as a holdover appointee until such  time  as  a
    56  new  [chairman]  chairperson  or  member  is  appointed. The term of any

        S. 1148                             6
 
     1  [chairman] chairperson or member appointed to replace  such  a  holdover
     2  appointee  shall  expire at the end of the term in office of the city or
     3  state elected official upon whose recommendation such [chairman]  chair-
     4  person or member was appointed.
     5    (iii)  Notwithstanding any inconsistent provision of this section, the
     6  term of the voting member appointed on the written recommendation of the
     7  commissioner of the New York city mayor's office for people  with  disa-
     8  bilities  shall  expire  upon the expiration of the term in office being
     9  served by the mayor of the city of New York; provided, however, that  in
    10  such  circumstance  such  member  may  serve as a holdover appointee for
    11  sixty days, or until such time as a new member is  appointed,  whichever
    12  is  sooner.  The  term  of any member appointed to replace such holdover
    13  appointee shall expire at the end of the term in office of the mayor  of
    14  the city of New York.
    15    (iv)  The  provisions  of this paragraph shall not apply to the voting
    16  members appointed on the written recommendations of the  New  York  city
    17  transit  authority advisory council, the Metro-North rail commuter coun-
    18  cil, the Long Island Rail Road commuter's council, as described in para-
    19  graph (a) of subdivision one of this section.
    20    § 5. Subdivision 2 of section 1263 of the public authorities  law,  as
    21  amended  by  chapter  55  of  the  laws  of  1992, is amended to read as
    22  follows:
    23    2. The [chairman] chairperson and the  first  vice  [chairman]  chair-
    24  person shall be paid a salary in the amount determined by the authority;
    25  the other members shall not receive a salary or other compensation. Each
    26  member,  including the [chairman] chairperson and the first vice [chair-
    27  man] chairperson, shall be entitled  to  reimbursement  for  actual  and
    28  necessary  expenses  incurred  in  the performance of [his or her] their
    29  official duties.
    30    § 6. Paragraph (a) of subdivision 4 of  section  1263  of  the  public
    31  authorities  law,  as  amended  by  chapter  506 of the laws of 2009, is
    32  amended to read as follows:
    33    (a) Notwithstanding any provision of law to the contrary, the  [chair-
    34  man]  chairperson  shall be the chief executive officer of the authority
    35  and shall be responsible for the discharge of the executive and adminis-
    36  trative functions and powers of the  authority.  The  [chairman]  chair-
    37  person  may  appoint  an executive director and such other officials and
    38  employees as shall in [his or her] their judgment be needed to discharge
    39  the executive and administrative functions and powers of the authority.
    40    § 7. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
    41  authorities  law,  as amended by section 1 of chapter 425 of the laws of
    42  2018, is amended to read as follows:
    43    (b) The [chairman] chairperson shall establish  committees  to  assist
    44  [him]  them  in  the performance of [his] their duties and shall appoint
    45  members of the authority to  such  committees.  Among  such  committees,
    46  there  shall  be  a committee on operations of the New York city transit
    47  authority, the Manhattan and Bronx surface transit  operating  authority
    48  and  the Staten Island rapid transit operating authority; a committee on
    49  operations of the Long Island Rail Road and  the  metropolitan  suburban
    50  bus  authority;  a  committee  on operations of the Metro-North commuter
    51  railroad; a committee on operations of the Triborough bridge and  tunnel
    52  authority;  a committee on finance; a committee on capital program over-
    53  sight; and a committee on safety. In addition to such appointed members,
    54  each of the [non-voting] members recommended by the New York city trans-
    55  it authority advisory council, the Metro-North  rail  commuter  council,
    56  and the Long Island Rail Road commuter's council referred to in [subpar-

        S. 1148                             7

     1  agraph  two  of]  paragraph (a) of subdivision one of this section shall
     2  serve on the committee on capital program oversight,  the  committee  on
     3  finance,  the  committee  on  safety, the committee on operations of the
     4  Triborough  bridge  and  tunnel  authority, and the operations committee
     5  relevant to the commuter council  that  recommended  such  member.  [The
     6  alternate  non-voting  members  shall each serve on the respective oper-
     7  ations committee relevant to the commuter council that recommended  each
     8  member.] The committee on capital program oversight and the committee on
     9  safety  shall include not less than three members, and shall include the
    10  chairpersons of the committee on operations of the New York city transit
    11  authority, the Manhattan and Bronx surface transit  operating  authority
    12  and  the  Staten Island rapid transit operating authority, the committee
    13  on operations of the Long Island Rail Road and the metropolitan suburban
    14  bus authority, and the committee on operations of the Metro-North commu-
    15  ter railroad. The committee on safety shall convene at least once  annu-
    16  ally  and  each committee chairperson, that is a member of the committee
    17  on safety, shall report to the committee on safety any  and  all  initi-
    18  atives, concerns, improvements, or failures involving the safety of: (1)
    19  customers;  (2)  employees;  and (3) the public at large, in relation to
    20  authority facilities and services. The capital program committee  shall,
    21  with  respect  to  any  approved  or proposed capital program plans, (i)
    22  monitor the current and future availability of funds to be utilized  for
    23  such  plans  approved  or  proposed  to be submitted to the metropolitan
    24  transportation capital program  review  board  as  provided  in  section
    25  twelve  hundred  sixty-nine-b  of  this title; (ii) monitor the contract
    26  awards of the metropolitan transportation authority  and  the  New  York
    27  city  transit  authority  to insure that such awards are consistent with
    28  (A) provisions of law authorizing United States  content  and  New  York
    29  state  content;  (B) collective bargaining agreements; (C) provisions of
    30  law providing for participation by minority and women-owned  businesses;
    31  (D)  New  York  state  labor  laws; (E) competitive bidding requirements
    32  including those regarding sole source contracts; and (F) any other rele-
    33  vant requirements  established  by  law;  (iii)  monitor  the  award  of
    34  contracts  to determine if such awards are consistent with the manner in
    35  which the work was traditionally performed in the past provided,  howev-
    36  er,  that  any such determination shall not be admissible as evidence in
    37  any arbitration or judicial proceeding;  (iv)  review  the  relationship
    38  between  capital expenditures pursuant to each such capital program plan
    39  and current and future operating budget requirements;  (v)  monitor  the
    40  progress  of  capital  elements  described  in each capital program plan
    41  approved as provided in section  twelve  hundred  sixty-nine-b  of  this
    42  title;  (vi)  monitor  the  expenditures incurred and to be incurred for
    43  each such element; and (vii) identify capital elements  not  progressing
    44  on  schedule,  ascertain  responsibility  therefor  and  recommend those
    45  actions required or appropriate to accelerate their implementation.  The
    46  capital  program  committee shall issue a quarterly report on its activ-
    47  ities and findings, and shall in connection with the preparation of such
    48  quarterly report, consult with the state division  of  the  budget,  the
    49  state  department  of  transportation,  the  members of the metropolitan
    50  transportation authority capital program review  board,  and  any  other
    51  group  the committee deems relevant, including public employee organiza-
    52  tions, and, at least annually, with a nationally recognized  independent
    53  transit  engineering  firm.  Such  report shall be made available to the
    54  members of the authority, to the members of the metropolitan transporta-
    55  tion authority capital program review board, and the  directors  of  the
    56  municipal assistance corporation for the city of New York.

        S. 1148                             8
 
     1    §  8.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
     2  authorities law, as amended by section 2 of chapter 425 of the  laws  of
     3  2018, is amended to read as follows:
     4    (b)  The  [chairman]  chairperson shall establish committees to assist
     5  [him] them in the performance of [his] their duties  and  shall  appoint
     6  members  of  the  authority  to  such committees. Among such committees,
     7  there shall be a committee on operations of the New  York  city  transit
     8  authority,  the  Manhattan and Bronx surface transit operating authority
     9  and the Staten Island rapid transit operating authority; a committee  on
    10  operations  of  the  Long Island Rail Road and the metropolitan suburban
    11  bus authority; a committee on operations  of  the  Metro-North  commuter
    12  railroad;  a committee on operations of the Triborough bridge and tunnel
    13  authority; a committee on finance; a committee on capital program  over-
    14  sight; and a committee on safety. The committee on capital program over-
    15  sight  shall  include  not less than four members, and shall include the
    16  chairpersons of the committee on operations of the New York city transit
    17  authority, the Manhattan and Bronx surface transit  operating  authority
    18  and  the  Staten Island rapid transit operating authority, the committee
    19  on operations of the Long Island Rail Road and the metropolitan suburban
    20  bus authority, the committee on operations of the  Metro-North  commuter
    21  railroad,  and  the  committee  on safety. The committee on safety shall
    22  convene at least once annually and each committee chairperson, that is a
    23  member of the committee on safety, shall  report  to  the  committee  on
    24  safety  any  and  all  initiatives,  concerns, improvements, or failures
    25  involving the safety of: (1)  customers;  (2)  employees;  and  (3)  the
    26  public  at  large, in relation to authority facilities and services. The
    27  capital program  committee  shall,  with  respect  to  any  approved  or
    28  proposed  capital  program  plans,  (i)  monitor  the current and future
    29  availability of funds to be utilized for such plans approved or proposed
    30  to be submitted  to  the  metropolitan  transportation  capital  program
    31  review  board as provided in section twelve hundred sixty-nine-b of this
    32  title; (ii) monitor the contract awards of the metropolitan  transporta-
    33  tion  authority  and  the New York city transit authority to insure that
    34  such awards are consistent with (A) provisions of law authorizing United
    35  States content and New York state  content;  (B)  collective  bargaining
    36  agreements; (C) provisions of law providing for participation by minori-
    37  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
    38  competitive bidding requirements including those regarding  sole  source
    39  contracts;  and  (F) any other relevant requirements established by law;
    40  (iii) monitor the award of contracts to determine  if  such  awards  are
    41  consistent with the manner in which the work was traditionally performed
    42  in  the past provided, however, that any such determination shall not be
    43  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
    44  review  the  relationship  between capital expenditures pursuant to each
    45  such capital program  plan  and  current  and  future  operating  budget
    46  requirements;  (v) monitor the progress of capital elements described in
    47  each capital program plan approved as provided in section twelve hundred
    48  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
    49  to  be  incurred  for  each  such  element;  and  (vii) identify capital
    50  elements not progressing on schedule, ascertain responsibility  therefor
    51  and  recommend those actions required or appropriate to accelerate their
    52  implementation. The capital program committee shall  issue  a  quarterly
    53  report  on its activities and findings, and shall in connection with the
    54  preparation of such quarterly report, consult with the state division of
    55  the budget, the state department of transportation, the members  of  the
    56  metropolitan  transportation  authority capital program review board and

        S. 1148                             9
 
     1  any other group the committee deems relevant, including public  employee
     2  organizations,  and,  at  least  annually,  with a nationally recognized
     3  independent transit engineering firm. Such report shall be  made  avail-
     4  able to the members of the authority, to the members of the metropolitan
     5  transportation authority capital program review board, and the directors
     6  of the municipal assistance corporation for the city of New York.
     7    §  9.  Paragraphs  (c) and (d) of subdivision 4 of section 1263 of the
     8  public authorities law, paragraph (c) as added by  chapter  247  of  the
     9  laws  of  1990, paragraph (d) as added by section 5 of part H of chapter
    10  25 of the laws of 2009, are amended to read as follows:
    11    (c) The [chairman] chairperson shall ensure that at every  meeting  of
    12  the  board  and  at  every meeting of each committee the public shall be
    13  allotted a period of time, not less than thirty minutes, to speak on any
    14  topic on the agenda.
    15    (d) Notwithstanding paragraph (c) of subdivision one of section  twen-
    16  ty-eight  hundred  twenty-four of this chapter or any other provision of
    17  law to the contrary, the [chairman] chairperson shall not participate in
    18  establishing authority policies regarding the payment of salary, compen-
    19  sation, and reimbursement to, nor  establish  rules  for  the  time  and
    20  attendance of, the chief executive officer. The salary of the [chairman]
    21  chairperson,  as determined pursuant to subdivision two of this section,
    22  shall also be compensation for all services performed as chief executive
    23  officer.
    24    § 10. This act shall take effect immediately; provided that the amend-
    25  ments to paragraph (a) of subdivision 1 of section 1263  of  the  public
    26  authorities  law made by section two of this act shall be subject to the
    27  expiration and reversion of such paragraph  pursuant  to  section  3  of
    28  chapter  549  of  the  laws of 1994, as amended, when upon such date the
    29  provisions of section three of this act shall take effect; and  provided
    30  further that the amendments to paragraph (b) of subdivision 4 of section
    31  1263  of  the  public  authorities law made by section seven of this act
    32  shall be subject to the expiration and  reversion  of  such  subdivision
    33  pursuant  to  section  3 of chapter 549 of the laws of 1994, as amended,
    34  when upon such date the provisions of section eight of  this  act  shall
    35  take effect.
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