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A01963 Summary:

A01963 Actions:

A01963 Committee Votes:

A01963 Floor Votes:

A01963 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1963
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2015
                                       ___________
 
        Introduced by M. of A. BRENNAN, BROOK-KRASNY, COLTON, SKARTADOS, ABINAN-
          TI,  OTIS  -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BUCHWALD,
          CLARK, COOK, DAVILA, GALEF, GOTTFRIED, HOOPER, JAFFEE, LENTOL,  MAYER,
          MILLER,  MOSLEY,  PERRY,  RIVERA,  SCHIMEL,  TITONE  --  read once and
          referred to the Committee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities law, in relation to  establishing
          a committee on safety within the metropolitan transportation authority
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision  4  of  section  1263  of  the
     2  public  authorities  law, as amended by chapter 549 of the laws of 1994,
     3  is amended to read as follows:
     4    (b) The chairman shall establish  committees  to  assist  him  in  the
     5  performance  of his duties and shall appoint members of the authority to
     6  such committees. Among such committees, there shall be  a  committee  on
     7  operations  of  the  New  York city transit authority, the Manhattan and
     8  Bronx surface transit operating authority and the  Staten  Island  rapid
     9  transit  operating  authority;  a  committee  on  operations of the Long
    10  Island Rail Road and the metropolitan suburban bus authority; a  commit-
    11  tee  on  operations of the Metro-North commuter railroad; a committee on
    12  operations of the Triborough bridge and tunnel authority; a committee on
    13  finance; [and] a committee on capital program oversight; and a committee
    14  on safety. In addition to such appointed members, each of the non-voting
    15  members referred to in subparagraph two of paragraph (a) of  subdivision
    16  one  of  this  section  shall  serve on the committee on capital program
    17  oversight, the committee  on  finance,  the  committee  on  safety,  the
    18  committee  on  operations of the Triborough bridge and tunnel authority,
    19  and the operations committee  relevant  to  the  commuter  council  that
    20  recommended  such  member.  The  alternate non-voting members shall each
    21  serve on the respective operations committee relevant  to  the  commuter
    22  council  that recommended each member.  The committee on capital program
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02508-01-5
        A. 1963                             2
 
     1  oversight and the committee on safety shall include not less than  three
     2  members,  and  shall  include the chairpersons of the committee on oper-
     3  ations of the New York city transit authority, the Manhattan  and  Bronx
     4  surface  transit operating authority and the Staten Island rapid transit
     5  operating authority, the committee on operations of the Long Island Rail
     6  Road and the metropolitan suburban bus authority, and the  committee  on
     7  operations of the Metro-North commuter railroad. [Such] The committee on
     8  safety  shall  convene  at least once annually and each committee chair-
     9  person, that is a member of the committee on safety, shall report to the
    10  committee on safety any and all initiatives, concerns, improvements,  or
    11  failures  involving the safety of: (1) customers; (2) employees; and (3)
    12  the public at large, in relation to authority facilities  and  services.
    13  The  capital  program  committee  shall, with respect to any approved or
    14  proposed capital program plans,  (i)  monitor  the  current  and  future
    15  availability of funds to be utilized for such plans approved or proposed
    16  to  be  submitted  to  the  metropolitan  transportation capital program
    17  review board as provided in section twelve hundred sixty-nine-b of  this
    18  title;  (ii) monitor the contract awards of the metropolitan transporta-
    19  tion authority and the New York city transit authority  to  insure  that
    20  such awards are consistent with (A) provisions of law authorizing United
    21  States  content  and  New  York state content; (B) collective bargaining
    22  agreements; (C) provisions of law providing for participation by minori-
    23  ty and women-owned businesses;  (D)  New  York  state  labor  laws;  (E)
    24  competitive  bidding  requirements including those regarding sole source
    25  contracts; and (F) any other relevant requirements established  by  law;
    26  (iii)  monitor  the  award  of contracts to determine if such awards are
    27  consistent with the manner in which the work was traditionally performed
    28  in the past provided, however, that any such determination shall not  be
    29  admissible  as  evidence in any arbitration or judicial proceeding; (iv)
    30  review the relationship between capital expenditures  pursuant  to  each
    31  such  capital  program  plan  and  current  and  future operating budget
    32  requirements; (v) monitor the progress of capital elements described  in
    33  each capital program plan approved as provided in section twelve hundred
    34  sixty-nine-b  of  this title; (vi) monitor the expenditures incurred and
    35  to be incurred  for  each  such  element;  and  (vii)  identify  capital
    36  elements  not progressing on schedule, ascertain responsibility therefor
    37  and recommend those actions required or appropriate to accelerate  their
    38  implementation.  The  capital  program committee shall issue a quarterly
    39  report on its activities and findings, and shall in connection with  the
    40  preparation of such quarterly report, consult with the state division of
    41  the  budget,  the state department of transportation, the members of the
    42  metropolitan transportation authority capital program review  board  and
    43  any  other group the committee deems relevant, including public employee
    44  organizations, and, at least  annually,  with  a  nationally  recognized
    45  independent  transit  engineering firm. Such report shall be made avail-
    46  able to the members of the authority, to the members of the metropolitan
    47  transportation authority capital program review board, and the directors
    48  of the municipal assistance corporation for the city of New York.
    49    § 2. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
    50  authorities  law,  as  amended  by  chapter  494 of the laws of 1990, is
    51  amended to read as follows:
    52    (b) The chairman shall establish  committees  to  assist  him  in  the
    53  performance  of his duties and shall appoint members of the authority to
    54  such committees. Among such committees, there shall be  a  committee  on
    55  operations  of  the  New  York city transit authority, the Manhattan and
    56  Bronx surface transit operating authority and the  Staten  Island  rapid
        A. 1963                             3
 
     1  transit  operating  authority;  a  committee  on  operations of the Long
     2  Island Rail Road and the metropolitan suburban bus authority; a  commit-
     3  tee  on  operations of the Metro-North commuter railroad; a committee on
     4  operations of the Triborough bridge and tunnel authority; a committee on
     5  finance; [and] a committee on capital program oversight; and a committee
     6  on  safety. The committee on capital program oversight shall include not
     7  less than [three] four members, and shall include  the  chairpersons  of
     8  the  committee on operations of the New York city transit authority, the
     9  Manhattan and Bronx surface transit operating authority and  the  Staten
    10  Island rapid transit operating authority, the committee on operations of
    11  the  Long  Island Rail Road and the metropolitan suburban bus authority,
    12  [and] the committee on operations of the Metro-North commuter  railroad,
    13  and  the  committee  on  safety.  [Such]  The  committee on safety shall
    14  convene at least once annually and each committee chairperson, that is a
    15  member of the committee on safety, shall  report  to  the  committee  on
    16  safety  any  and  all  initiatives,  concerns, improvements, or failures
    17  involving the safety of: (1)  customers;  (2)  employees;  and  (3)  the
    18  public  at  large, in relation to authority facilities and services. The
    19  capital program  committee  shall,  with  respect  to  any  approved  or
    20  proposed  capital  program  plans,  (i)  monitor  the current and future
    21  availability of funds to be utilized for such plans approved or proposed
    22  to be submitted  to  the  metropolitan  transportation  capital  program
    23  review  board as provided in section twelve hundred sixty-nine-b of this
    24  title; (ii) monitor the contract awards of the metropolitan  transporta-
    25  tion  authority  and  the New York city transit authority to insure that
    26  such awards are consistent with (A) provisions of law authorizing United
    27  States content and New York state  content;  (B)  collective  bargaining
    28  agreements; (C) provisions of law providing for participation by minori-
    29  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
    30  competitive bidding requirements including those regarding  sole  source
    31  contracts;  and  (F) any other relevant requirements established by law;
    32  (iii) monitor the award of contracts to determine  if  such  awards  are
    33  consistent with the manner in which the work was traditionally performed
    34  in  the past provided, however, that any such determination shall not be
    35  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
    36  review  the  relationship  between capital expenditures pursuant to each
    37  such capital program  plan  and  current  and  future  operating  budget
    38  requirements;  (v) monitor the progress of capital elements described in
    39  each capital program plan approved as provided in section twelve hundred
    40  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
    41  to  be  incurred  for  each  such  element;  and  (vii) identify capital
    42  elements not progressing on schedule, ascertain responsibility  therefor
    43  and  recommend those actions required or appropriate to accelerate their
    44  implementation. The capital program committee shall  issue  a  quarterly
    45  report  on its activities and findings, and shall in connection with the
    46  preparation of such quarterly report, consult with the state division of
    47  the budget, the state department of transportation, the members  of  the
    48  metropolitan  transportation  authority capital program review board and
    49  any other group the committee deems relevant, including public  employee
    50  organizations,  and,  at  least  annually,  with a nationally recognized
    51  independent transit engineering firm. Such report shall be  made  avail-
    52  able to the members of the authority, to the members of the metropolitan
    53  transportation authority capital program review board, and the directors
    54  of the municipal assistance corporation for the city of New York.
    55    §  3. This act shall take effect immediately, provided that the amend-
    56  ments to paragraph (b) of subdivision 4 of section 1263  of  the  public
        A. 1963                             4
 
     1  authorities  law made by section one of this act shall be subject to the
     2  expiration and reversion of such subdivision pursuant to  section  3  of
     3  chapter  549  of  the  laws of 1994, as amended, when upon such date the
     4  provisions of section two of this act shall take effect.