New York State Assembly

 
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A00175 Summary:

A00175 Actions:

A00175 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Zebrowski      
DATE:05/16/2023AYE/NAY:25/0  Action: Favorable refer to committee Ways and Means        
Zebrowski
Aye
Lemondes
Aye
Cook
Aye
Blankenbush
Aye
Otis
Aye
Friend
Aye
Rozic
Aye
Palmesano
Aye
Kim
Aye
Angelino
Aye
Dilan
Aye
Jensen
Aye
Pheffer Amato
Aye
Curran
Aye
Vanel
Aye
Pirozzolo
Aye
Carroll
Aye
Fall
Excused
Jean-Pierre
Aye
Gonzalez-Rojas
Aye
Zinerman
Aye
Tapia
Aye
Jacobson
Aye
Bores
Aye
Shimsky
Aye
Simone
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/24/2023AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Excused
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Excused
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Excused
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/30/2023AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Excused
Bronson
Aye

A00175 Floor Votes:

A00175 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           175
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN, OTIS, SAYEGH -- read once and referred to
          the Committee on Corporations, Authorities and Commissions
 
        AN  ACT  to  amend  chapter 154 of the laws of 1921 relating to the port
          authority of New York and New Jersey, in relation  to  port  authority
          organization, appearance and notice
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 5 and 6 of article 4 of section 1 of  chap-
     2  ter  154  of the laws of 1921 relating to the port authority of New York
     3  and New Jersey, as amended by chapter 559 of the laws of 2015, paragraph
     4  a of subdivision 6 as amended by chapter 104 of the laws  of  2020,  are
     5  amended to read as follows:
     6    1. Commissioners. a. The port authority shall consist of twelve voting
     7  commissioners  and  four  non-voting commissioners as described in para-
     8  graph b of this subdivision.   Of  the  twelve  voting  commissioners[,]
     9  there  shall be six resident voters from the state of New York, at least
    10  four of whom shall be resident voters of the city of New York,  and  six
    11  resident  voters  from  the  state  of New Jersey, at least four of whom
    12  shall be resident voters within the New Jersey portion of the  district,
    13  the  New  York members to be chosen by the state of New York and the New
    14  Jersey members by the state of New Jersey in  the  manner  and  for  the
    15  terms  fixed and determined from time to time by the legislature of each
    16  state respectively, except as herein provided.   The  New  York  members
    17  shall  be  appointed  by  the  governor  of New York with the advice and
    18  consent of the New York state senate.  The New Jersey members  shall  be
    19  appointed  by  the governor of New Jersey with the advice and consent of
    20  the New Jersey  state  senate.  Each  commissioner  may  be  removed  or
    21  suspended  from office as provided by the law of the state from which he
    22  shall be appointed. Any commissioner appointed to a term  commencing  on
    23  or  after  January  1,  2024 shall have experience in one or more of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02157-01-3
        A. 175                              2
 
     1  following  areas:    transportation,  public  administration,   business
     2  management,  finance,  accounting, law, engineering, land use, urban and
     3  regional  planning,  management  of  large   capital   projects,   labor
     4  relations,  or  experience in some other area of activity central to the
     5  mission of the port authority.   One of  the  six  voting  commissioners
     6  chosen by the state of New York shall be appointed on the written recom-
     7  mendation of the mayor of the city of New York. The voting commissioners
     8  shall  be appointed for a term of six years and shall serve no more than
     9  two terms. The terms of the voting commissioners shall be  staggered  so
    10  that three of the six voting commissioners appointed by the state of New
    11  York  will  have their terms expire in alternating three year shifts and
    12  three of the six voting commissioners appointed  by  the  state  of  New
    13  Jersey will have their terms expire in alternating three years shifts.
    14    b. There shall be four non-voting commissioners of the port authority,
    15  as established in paragraph a of this subdivision.  The first non-voting
    16  commissioner  shall  be  a regular mass transit user of the state of New
    17  York based facilities of the authority and be recommended to the  gover-
    18  nor  of the state of New York by a rider advocacy group. The second non-
    19  voting commissioner shall be a regular user of the state of  New  Jersey
    20  based facilities of the authority and shall be recommended to the gover-
    21  nor  of  the  state  of  New Jersey by a rider advocacy group. The third
    22  non-voting commissioner shall be recommended  to  the  governor  of  the
    23  state of New York by the labor organization representing the majority of
    24  authority  employees  working in the state of New York.  The fourth non-
    25  voting commissioner shall be recommended to the governor of the state of
    26  New Jersey by  the  labor  organization  representing  the  majority  of
    27  authority  employees  working  in the state of New Jersey. The four non-
    28  voting commissioners of the port authority shall be appointed for a term
    29  of six years and shall serve no more than two terms.
    30    5. Whistleblower access and assistance program. a.  The  chief  ethics
    31  and  compliance  officer shall recommend to the board of commissioners a
    32  whistleblower access and assistance program to be  administered  by  the
    33  inspector general which shall include, but not be limited to:
    34    (1)  establishing  an  email  address  and  toll-free telephone [and],
    35  facsimile, and text messaging lines available to employees;
    36    (2) offering advice regarding employee rights under  applicable  state
    37  and federal laws and advice and options available to all persons; and
    38    (3) offering an opportunity for employees to identify concerns regard-
    39  ing  any  issue  at  the  port  authority.  Any communication between an
    40  employee and the inspector general pursuant to  this  section  shall  be
    41  held strictly confidential by the inspector general, unless the employee
    42  specifically waives in writing the right to confidentiality, except that
    43  such  confidentiality  shall  not  exempt  the  inspector  general  from
    44  disclosing such information, where appropriate, to the board of  commis-
    45  sioners and/or any law enforcement authority.
    46    b.  The  port  authority  shall  not fire, discharge, demote, suspend,
    47  threaten, harass, or discriminate against an  employee  because  of  the
    48  employee's  role as a whistleblower, insofar as the actions taken by the
    49  employee are legal.
    50    c. As used in this subdivision:
    51    (1) "Employees" means those persons employed at  the  port  authority,
    52  including  but  not limited to: full-time and part-time employees, those
    53  employees on probation, and temporary employees.
    54    (2) "Whistleblower" means any  employee  of  the  port  authority  who
    55  discloses information concerning acts of wrongdoing, misconduct, malfea-
    56  sance, or other inappropriate behavior by an employee or board member of
        A. 175                              3
 
     1  the  port  authority, including, but not limited to, concerning the port
     2  authority's investments, travel, acquisition of real or personal proper-
     3  ty, the disposition of real or personal property, or the procurement  of
     4  goods and services.
     5    6.  Inspector  general.  a. The inspector general shall be responsible
     6  for receiving  and  investigating,  where  appropriate,  all  complaints
     7  regarding  fraud,  waste,  and  abuse  by  commissioners,  officers, and
     8  employees of the port authority or third-parties doing business with the
     9  port authority.  The inspector general shall also receive  and  investi-
    10  gate  complaints  from  any  source,  or upon his or her own initiative,
    11  concerning allegations of corruption, fraud,  use  of  excessive  force,
    12  criminal  activity, conflicts of interest or abuse by any police officer
    13  under the jurisdiction of the  Port  Authority.  The  inspector  general
    14  shall also be responsible for conducting investigations upon the inspec-
    15  tor general's own initiative, as the inspector general shall deem appro-
    16  priate.
    17    b.  The  inspector general shall inform the board of commissioners and
    18  the chief executive officer of allegations  received  by  the  inspector
    19  general  and  the  progress  of  investigations  related thereto, unless
    20  special circumstances require confidentiality;
    21    c. The inspector general shall determine with respect  to  allegations
    22  received  by  the inspector general whether disciplinary action or civil
    23  prosecution by the port authority is appropriate, and whether the matter
    24  should be referred to an appropriate  governmental  agency  for  further
    25  action;
    26    d.  The  inspector  general  shall  prepare  and make available to the
    27  public written reports of completed investigations, as  appropriate  and
    28  to  the extent permitted by law, subject to redactions to protect a need
    29  for confidentiality. The release of all or portions of  reports  may  be
    30  deferred to protect the confidentiality of ongoing investigations.
    31    e. The inspector general shall have the power to:
    32    (1) administer oaths or affirmations and examine witnesses under oath;
    33    (2)  require the production of any books and papers deemed relevant or
    34  material to any investigation, examination or review;
    35    (3) notwithstanding any law to  the  contrary,  examine  and  copy  or
    36  remove  documents or records of any kind prepared, maintained or held by
    37  the port authority and its subsidiaries;
    38    (4) interview any officer or employee of the  port  authority  or  its
    39  subsidiaries on any matter related to the performance of such officer or
    40  employee's  official  duties.  To  the  extent that [any portion of this
    41  paragraph is inconsistent with any current  contractual  obligations  of
    42  the  port  authority,  this  paragraph  shall not be applicable to those
    43  obligations until the earliest  expiration  of  those  terms  under  the
    44  contract]  the  terms  and  conditions of employment of any employee are
    45  established by collective negotiations, any interview conducted pursuant
    46  to this paragraph must be in accordance with any  applicable  provisions
    47  of  the  current,  or  most  recent, if expired, collective negotiations
    48  agreement covering the terms and conditions of employment of the employ-
    49  ee;
    50    (5) monitor the implementation by the port authority of any  recommen-
    51  dations made by the inspector general; and
    52    (6)  perform  any other functions that are necessary or appropriate to
    53  fulfill the duties and responsibilities of office.
    54    § 2. Subdivisions 1 and 3 of article 7-B of section 1 of  chapter  154
    55  of  the  laws of 1921 relating to the port authority of New York and New
        A. 175                              4
 
     1  Jersey, as added by chapter 559 of the laws of 2015, are amended to read
     2  as follows:
     3    1.  Needs  assessment.  The  port authority shall require that a needs
     4  assessment be conducted by an independent entity prior to  any  increase
     5  in  tolls  for  the use of any port authority bridge or tunnel, or fares
     6  for the use of the port authority trans-Hudson corporation rail  system.
     7  The  assessment  shall  be  made  publicly  available  in  a conspicuous
     8  location on the port authority's website and presented by the  independ-
     9  ent  entity to the board of commissioners at a public meeting to be held
    10  at least ninety days prior to any meeting of the board of  commissioners
    11  to  vote  to any increase in the tolls for the use of any port authority
    12  bridge or tunnel, or fares for the use of the port authority  trans-Hud-
    13  son corporation rail system.
    14    3.  Appearance.  a. The port authority, at the request of the Assembly
    15  or Senate of the New York state legislature or the General  Assembly  or
    16  Senate  of the New Jersey state legislature, shall be required to appear
    17  before a committee of  the  requesting  state  legislative  house,  upon
    18  request  by  the  presiding  officer of that state legislative house, to
    19  present testimony on any topic or subject requested by the committee  or
    20  to  respond  to  questions by members of the committee.  The Assembly of
    21  the New York state legislature, the Senate of the New York state  legis-
    22  lature,  the  General  Assembly of the New Jersey state legislature, and
    23  the Senate of the New Jersey state legislature shall each be entitled to
    24  two such requests per calendar year.
    25    b. Unless otherwise agreed to by the presiding officer  of  the  state
    26  legislative  house  requesting the appearance of the port authority, the
    27  port authority shall, at a minimum, be represented by a chair  or  vice-
    28  chair  of  the board, chief executive officer, the chief financial offi-
    29  cer, and any staff deemed necessary by such chair or vice-chair  of  the
    30  board,  chief executive officer, or the chief financial officer to pres-
    31  ent testimony or respond to questions at any appearance required  pursu-
    32  ant  to  this section.  The presiding officer may request the appearance
    33  of any officer or employee of the port authority.  For purposes of  this
    34  section,  as applicable to New York state "presiding officer" shall mean
    35  the speaker of the Assembly of the New York state legislature or  tempo-
    36  rary  president  of  the  Senate of the New York state legislature.  For
    37  purposes of this section, as applicable  to  the  state  of  New  Jersey
    38  "presiding officer" shall mean the president of the senate or the speak-
    39  er of the general assembly of the state of New Jersey.
    40    4.  Subsidiaries  of  the  port authority. a. The port authority shall
    41  provide notice to the governor of each state,  the  majority  leader  of
    42  each  house  of  the legislature of each state, the chair of the finance
    43  committee of New York, the chair of the senate budget and appropriations
    44  committee of New Jersey, the chair of assembly ways and means  committee
    45  of New York, and the chair of the budget committee of New Jersey that it
    46  will  be  creating a subsidiary no less than 60 days prior to the forma-
    47  tion of the subsidiary.
    48    b. The creation of a subsidiary corporation shall be approved  by  the
    49  board of commissioners.
    50    c.  [On or before the first day of January, two thousand sixteen, and]
    51  Within 60 days of the effective date of the chapter of the laws of  2023
    52  that amended this subdivision, and on or before the first day of January
    53  each  year  annually  thereafter, any subsidiary corporation, in cooper-
    54  ation with the port authority, shall provide to the governor and  legis-
    55  lature of each state a report on the subsidiary corporation. Such report
    56  shall include for each subsidiary:
        A. 175                              5
 
     1    (1)  The  complete  legal name, address and contact information of the
     2  subsidiary;
     3    (2) The structure of the organization of the subsidiary, including the
     4  names and titles of each of its members, directors and officers, as well
     5  as a chart of its organizational structure;
     6    (3)  The complete by-laws and legal organization papers of the subsid-
     7  iary;
     8    (4) A complete report of the purpose, operations, mission and projects
     9  of the subsidiary; and
    10    (5) Any other information the subsidiary corporation  deems  important
    11  to include in such report.
    12    d.  60 days prior to the issuance of any debt by the subsidiary corpo-
    13  ration, or the port authority on behalf of the  subsidiary  corporation,
    14  the  port  authority shall provide notice to the governor of each state,
    15  the majority leader of each house of the legislature of each state,  the
    16  chair  of  the  senate  finance  committee of New York, the chair of the
    17  senate budget and appropriations committee of New Jersey, the  chair  of
    18  the  assembly ways and means committee of New York, and the chair of the
    19  assembly budget committee of New Jersey.  For purposes of this  section,
    20  as applicable to New York state "majority leader" shall mean the speaker
    21  of the assembly of the New York state legislature or temporary president
    22  of  the  senate of the New York state legislature.  For purposes of this
    23  section, as applicable to the state  of  New  Jersey  "majority  leader"
    24  shall  mean  the  president  of the senate or the speaker of the general
    25  assembly of the state of New Jersey.
    26    § 3. Subdivisions 3 and 4 of article 7-D of section 1 of  chapter  154
    27  of  the  laws of 1921 relating to the port authority of New York and New
    28  Jersey, as added by chapter 559 of the laws of 2015, are amended and two
    29  new subdivisions 5 and 6 are added to read as follows:
    30    3. Capital plan. a. The port authority shall adopt a ten-year  capital
    31  plan  that is developed using a comprehensive planning process and risk-
    32  based prioritization that considers  asset  condition,  operational  and
    33  revenue  impact,  threat assessment, customer service, regional benefit,
    34  and regulatory or statutory requirements.  The  capital  plan  shall  be
    35  dependent   upon  the  availability  of  sufficient  funding  and  other
    36  resources to pursue the capital projects proposed for the ten-year peri-
    37  od. Performance progress and revisions to reflect changes  in  programs,
    38  policies  and  projects  and the environment in which the port authority
    39  operates shall be reviewed regularly by a committee  designated  by  the
    40  board  of  commissioners,  and the capital plan shall be revised period-
    41  ically as necessary and appropriate, and  shall  be  reviewed  with  the
    42  board  of  commissioners  annually.  The port authority shall publish an
    43  annual report on the status of the capital program and such report shall
    44  be made publicly available on the port  authority's  website.  Prior  to
    45  adoption  of a capital plan, the port authority shall make such proposed
    46  plan available for public review and comments on its public website  for
    47  at  least  [two] four weeks prior to approval, and all comments received
    48  are to be distributed to the board of commissioners for review prior  to
    49  consideration of the capital plan.
    50    b.  The  port authority shall also provide that major capital projects
    51  are monitored by independent engineering  consultants.  The  independent
    52  consultants shall prepare annual reports to be provided to the board and
    53  made available to the public. The annual reports prepared by independent
    54  consultants shall include, but not be limited to, a comparison of actual
    55  and target performance measures including, but not limited to, costs and
    56  construction  schedules,  and a narrative explanation of any discrepancy
        A. 175                              6

     1  thereof. For the purposes of this section, "major capital project" means
     2  an undertaking or program for the acquisition, creation, or  development
     3  of  any  crossing,  transportation facility, or commerce facility or any
     4  part  thereof,  with  an  estimated  total  project  cost  in  excess of
     5  $500,000,000.
     6    c. No less than 60 days prior to any board adoption of a capital  plan
     7  as  described  in paragraph a of this subdivision, or any major revision
     8  of the last adopted capital plan, the port authority shall:  (1)  notify
     9  the assembly and senate of the New York state legislature and the gener-
    10  al assembly and senate of the New Jersey state legislature of its inten-
    11  tion  to adopt a capital plan, or any major revision of the last adopted
    12  capital plan; (2) submit to the assembly and  senate  of  the  New  York
    13  state  legislature and the general assembly and senate of the New Jersey
    14  state legislature the proposed capital plan, or any proposal  constitut-
    15  ing  a  major  revision  of the last adopted capital plan, for review by
    16  each state legislature; and (3) make the proposed capital plan,  includ-
    17  ing any proposal constituting a major revision of the last adopted capi-
    18  tal plan, publicly available on the port authority website.
    19    d. Within 60 days of the notice provided in paragraph c of this subdi-
    20  vision,  the  port  authority  shall  conduct a public hearing about the
    21  capital plan or any major revision thereof in New York state and in  the
    22  state of New Jersey.
    23    e.  The port authority shall conduct a status update public hearing in
    24  New York state and in the state of New Jersey at least once  every  year
    25  after  the  adoption  of  the  capital  plan by the port authority. Such
    26  public hearing shall be known as "capital status update hearing" and  at
    27  such  hearing  the  port  authority  shall  provide  in detail a written
    28  description of the status of all capital plan projects and the costs and
    29  the expected costs of those projects. At such public hearing,  the  port
    30  authority  shall  provide a financing plan that identifies the source of
    31  funding for each project. The port authority shall provide  an  analysis
    32  that  compares  actual  and  target performance measures, and a detailed
    33  written explanation of any discrepancy thereof at the public hearing.
    34    4. Operating budget. The port authority shall prepare a detailed annu-
    35  al operating budget beginning with the fiscal year commencing after  the
    36  effective  date  of the chapter of the laws of [2015] 2023 which [added]
    37  amended this article. A preliminary annual  operating  budget  shall  be
    38  made publicly available on the port authority's website in July of every
    39  fiscal  year  and a final annual operating budget shall be made publicly
    40  available in February of each fiscal year.
    41    5. Port Authority Transportation Advisory Committee. a. There is here-
    42  by established a port authority transportation advisory committee.   The
    43  purpose of the committee shall be to facilitate coordination between and
    44  among  the  transportation  agencies  and  officials  in each state that
    45  provide service or  conduct  business  within  the  port  district.  The
    46  committee shall consist of 13 members, to be appointed as follows:
    47    (1)  one  individual  appointed jointly by the chair and vice-chair of
    48  the Port Authority;
    49    (2) the executive director of the New Jersey transit  corporation,  ex
    50  officio, or the executive director's designee;
    51    (3)  the  chair of the metropolitan transportation authority, ex offi-
    52  cio, or the chair's designee;
    53    (4) the commissioner of the New York city  department  of  transporta-
    54  tion, ex officio, or the commissioner's designee;
    55    (5)  the  chairperson  of  the National Railroad Passenger Corporation
    56  Board of Directors, ex officio, or the chairperson's designee;
        A. 175                              7
 
     1    (6) the commissioner of the New Jersey department  of  transportation,
     2  ex officio, or the commissioner's designee;
     3    (7)  the  commissioner of the New York state department of transporta-
     4  tion, ex officio, or the commissioner's designee;
     5    (8) one individual from the New Jersey executive branch, appointed  by
     6  the governor of New Jersey;
     7    (9) one individual from the New York state executive branch, appointed
     8  by the governor of New York;
     9    (10) one individual appointed by the president of the New Jersey state
    10  senate;
    11    (11)  one  individual appointed by the speaker of the New Jersey state
    12  general assembly;
    13    (12) one individual appointed by the temporary president  of  the  New
    14  York state senate; and
    15    (13)  one  individual  appointed  by the speaker of the New York state
    16  assembly.
    17    b. The individual appointed jointly by the chair and vice-chair of the
    18  port authority shall serve for a term of three  years.  The  legislative
    19  appointments  shall  serve for a term of two years each. The individuals
    20  appointed from the executive branch of New Jersey and from the executive
    21  branch of New York shall serve at the pleasure of each respective gover-
    22  nor.
    23    c. Vacancies in the membership of the committee shall be filled in the
    24  same manner as the original appointments are made and a  member  may  be
    25  eligible for reappointment. Vacancies occurring other than by expiration
    26  of a term shall be filled for the unexpired term.
    27    d.  The  members of the committee shall serve without compensation but
    28  shall be reimbursed for reasonable expenses necessarily incurred in  the
    29  performance  of  their duties within the limits of funds appropriated or
    30  otherwise made available to the committee for its purposes.
    31    e. The individual appointed jointly by the chair and vice-chair of the
    32  port authority shall serve as the chair of the committee. The  committee
    33  may  appoint  a secretary who need not be a member of the committee. The
    34  committee shall meet quarterly, at a minimum, to  discuss  the  region's
    35  transportation  needs  and  to facilitate coordination between and among
    36  the transportation agencies and officials in each  state  and  the  port
    37  district in furtherance of the region's transportation needs.
    38    f.  The  committee  and each meeting of the committee shall serve as a
    39  vehicle for each  committee  member  to  share  information  about  that
    40  member's agency and the agency's upcoming plans and objectives. Prior to
    41  the  commencement by an agency represented on the committee of any major
    42  capital project with an estimated cost in excess  of  $50  million,  the
    43  individual  representing  that  agency  shall  notify all members of the
    44  committee.
    45    6. Minority and women-owned business enterprise programs.  a.  In  the
    46  performance  of  projects  pursuant to this article, minority and women-
    47  owned business enterprises shall be given the opportunity for meaningful
    48  participation. The port authority shall establish quantifiable standards
    49  and measures and procedures, in accordance with the findings of  period-
    50  ical  disparity  studies  regarding  the  participation  of minority and
    51  women-owned business enterprises in  port  authority  contracts,  to  be
    52  prepared  by  an  entity  independent of the port authority and selected
    53  through a request for proposal process,  to  secure  meaningful  partic-
    54  ipation and identify those contracts and items of work for which minori-
    55  ty  and  women-owned  business  enterprises may best bid to actively and
    56  affirmatively promote and assist their participation in projects, so  as
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     1  to  facilitate  the  award  of  a fair share of contracts to such enter-
     2  prises; provided,  however,  that  nothing  in  this  article  shall  be
     3  construed  to  limit  the  ability  of the port authority to assure that
     4  qualified minority and women-owned  business enterprises may participate
     5  in  the program. For purposes hereof, minority business enterprise shall
     6  mean any business enterprise which is  at  least  fifty-one  per  centum
     7  owned  by,  or in the case of a publicly owned business, at least fifty-
     8  one per centum of the stock or other voting interest is owned  by  citi-
     9  zens or permanent resident aliens who are Black, Hispanic, Asian, Ameri-
    10  can  Indian,  Pacific  islander,  or  Alaskan native, and such ownership
    11  interest is real, substantial and continuing and has  the  authority  to
    12  independently  control  the  day-to-day business decisions of the entity
    13  for at least  one year; and women-owned business enterprise  shall  mean
    14  any business enterprise which is at least fifty-one per centum owned by,
    15  or  in  the  case  of  a publicly owned business, at least fifty-one per
    16  centum of the stock or other voting interests of which is owned by citi-
    17  zens or permanent resident aliens who  are  women,  and  such  ownership
    18  interest  is  real,  substantial and continuing and has the authority to
    19  independently control the day-to-day business decisions  of  the  entity
    20  for  at  least one year. The provisions of this subdivision shall not be
    21  construed to limit the ability of any minority  business  enterprise  to
    22  bid  on  any  contract.  The provisions of this subdivision shall not be
    23  construed to require the  port  authority  to  engage  in  any  unlawful
    24  conduct in securing meaningful participation of minority and women-owned
    25  business enterprises in port authority projects.
    26    b.    In  order  to  implement the requirements and objectives of this
    27  subdivision, the port authority shall establish  procedures  to  monitor
    28  compliance  with  provisions  hereof,  provide  assistance  in obtaining
    29  competing qualified minority and  women-owned  business  enterprises  to
    30  perform  contracts  proposed  to  be awarded, and take other appropriate
    31  measures to improve the access  of  minority  and  women-owned  business
    32  enterprises to these contracts.
    33    c.  The  port  authority  shall  publish  the standards, measures, and
    34  procedures established pursuant to paragraphs a and b of  this  subdivi-
    35  sion on its website, including any disparity study conducted pursuant to
    36  this subdivision.
    37    d. The port authority shall prepare an annual report on the number and
    38  value  of  contracts awarded to minority and women-owned business enter-
    39  prises, which shall be published on its website.
    40    § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
    41  sion, section or part of this act shall be  adjudged  by  any  court  of
    42  competent  jurisdiction to be invalid, such judgment  shall  not affect,
    43  impair, or invalidate the remainder thereof, but shall  be  confined  in
    44  its  operation  to the clause, sentence, paragraph, subdivision, section
    45  or part thereof directly involved in the controversy in which such judg-
    46  ment shall have been rendered. It is hereby declared to be the intent of
    47  the legislature that this act would  have  been  enacted  even  if  such
    48  invalid provisions had not been included herein.
    49    §  5.  This  act  shall take effect upon the enactment into law by the
    50  state of New Jersey of legislation having an identical effect with  this
    51  act,  but  if  the  state  of New Jersey shall have already enacted such
    52  legislation this act shall take effect immediately. The chair  or  vice-
    53  chair  of the port authority as recommended by the governor of the state
    54  of New York shall notify the legislative bill drafting  commission  upon
    55  the  occurrence  of  the  enactment  of  the legislation provided for in
    56  sections one, two and three of this act in order that the commission may
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     1  maintain an accurate and timely effective data base of the official text
     2  of the laws of the state of New York in furtherance of effectuating  the
     3  provisions  of section 44 of the legislative law and section 70-b of the
     4  public officers law.