New York State Assembly

 
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A02319 Summary:

A02319 Actions:

A02319 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Dinowitz      
DATE:02/07/2017AYE/NAY:20/0  Action: Favorable refer to committee Ways and Means        
Dinowitz
Aye
Lawrence
Excused
Cook
Aye
Lopez
Aye
Galef
Aye
Blankenbush
Aye
Jenne
Aye
Friend
Aye
Rodriguez
Excused
Malliotakis
Aye
Abinanti
Aye
Palmesano
Aye
Quart
Aye
Montesano
Aye
Otis
Excused
Rozic
Aye
Kim
Excused
Buchwald
Aye
Moya
Aye
Seawright
Aye
Dilan
Aye
Simotas
Excused
Richardson
Aye
De La Rosa
Aye
Pheffer Amato
Aye
Vanel
Excused

Committee:WAYS AND MEANS   Chair:Farrell      
DATE:05/02/2017AYE/NAY:31/3  Action: Favorable         
Farrell
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Nay
Weinstein
Aye
Hawley
Nay
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Walter
Aye
Pretlow
Aye
Montesano
Nay
Perry
Aye
Curran
Aye
Colton
Aye
Ra
Aye
Cook
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Moya
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye

A02319 Floor Votes:

A02319 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2319
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN  ACT to amend the public authorities law, in relation to establishing
          a committee on safety within the metropolitan transportation authority
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (b)  of  subdivision  4 of section 1263 of the
     2  public authorities law, as amended by chapter 549 of the laws  of  1994,
     3  is amended to read as follows:
     4    (b)  The  chairman  shall  establish  committees  to assist him in the
     5  performance of his duties and shall appoint members of the authority  to
     6  such  committees.  Among  such committees, there shall be a committee on
     7  operations of the New York city transit  authority,  the  Manhattan  and
     8  Bronx  surface  transit  operating authority and the Staten Island rapid
     9  transit operating authority; a  committee  on  operations  of  the  Long
    10  Island  Rail Road and the metropolitan suburban bus authority; a commit-
    11  tee on operations of the Metro-North commuter railroad; a  committee  on
    12  operations of the Triborough bridge and tunnel authority; a committee on
    13  finance; [and] a committee on capital program oversight; and a committee
    14  on safety. In addition to such appointed members, each of the non-voting
    15  members  referred to in subparagraph two of paragraph (a) of subdivision
    16  one of this section shall serve on  the  committee  on  capital  program
    17  oversight,  the  committee  on  finance,  the  committee  on safety, the
    18  committee on operations of the Triborough bridge and  tunnel  authority,
    19  and  the  operations  committee  relevant  to  the commuter council that
    20  recommended such member. The alternate  non-voting  members  shall  each
    21  serve  on  the  respective operations committee relevant to the commuter
    22  council that recommended each member.  The committee on capital  program
    23  oversight  and the committee on safety shall include not less than three
    24  members, and shall include the chairpersons of the  committee  on  oper-
    25  ations  of  the New York city transit authority, the Manhattan and Bronx
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07575-01-7
        A. 2319                             2
 
     1  surface transit operating authority and the Staten Island rapid  transit
     2  operating authority, the committee on operations of the Long Island Rail
     3  Road  and  the metropolitan suburban bus authority, and the committee on
     4  operations of the Metro-North commuter railroad. [Such] The committee on
     5  safety  shall  convene  at least once annually and each committee chair-
     6  person, that is a member of the committee on safety, shall report to the
     7  committee on safety any and all initiatives, concerns, improvements,  or
     8  failures  involving the safety of: (1) customers; (2) employees; and (3)
     9  the public at large, in relation to authority facilities  and  services.
    10  The  capital  program  committee  shall, with respect to any approved or
    11  proposed capital program plans,  (i)  monitor  the  current  and  future
    12  availability of funds to be utilized for such plans approved or proposed
    13  to  be  submitted  to  the  metropolitan  transportation capital program
    14  review board as provided in section twelve hundred sixty-nine-b of  this
    15  title;  (ii) monitor the contract awards of the metropolitan transporta-
    16  tion authority and the New York city transit authority  to  insure  that
    17  such awards are consistent with (A) provisions of law authorizing United
    18  States  content  and  New  York state content; (B) collective bargaining
    19  agreements; (C) provisions of law providing for participation by minori-
    20  ty and women-owned businesses;  (D)  New  York  state  labor  laws;  (E)
    21  competitive  bidding  requirements including those regarding sole source
    22  contracts; and (F) any other relevant requirements established  by  law;
    23  (iii)  monitor  the  award  of contracts to determine if such awards are
    24  consistent with the manner in which the work was traditionally performed
    25  in the past provided, however, that any such determination shall not  be
    26  admissible  as  evidence in any arbitration or judicial proceeding; (iv)
    27  review the relationship between capital expenditures  pursuant  to  each
    28  such  capital  program  plan  and  current  and  future operating budget
    29  requirements; (v) monitor the progress of capital elements described  in
    30  each capital program plan approved as provided in section twelve hundred
    31  sixty-nine-b  of  this title; (vi) monitor the expenditures incurred and
    32  to be incurred  for  each  such  element;  and  (vii)  identify  capital
    33  elements  not progressing on schedule, ascertain responsibility therefor
    34  and recommend those actions required or appropriate to accelerate  their
    35  implementation.  The  capital  program committee shall issue a quarterly
    36  report on its activities and findings, and shall in connection with  the
    37  preparation of such quarterly report, consult with the state division of
    38  the  budget,  the state department of transportation, the members of the
    39  metropolitan transportation authority capital program review  board  and
    40  any  other group the committee deems relevant, including public employee
    41  organizations, and, at least  annually,  with  a  nationally  recognized
    42  independent  transit  engineering firm. Such report shall be made avail-
    43  able to the members of the authority, to the members of the metropolitan
    44  transportation authority capital program review board, and the directors
    45  of the municipal assistance corporation for the city of New York.
    46    § 2. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
    47  authorities  law,  as  amended  by  chapter  494 of the laws of 1990, is
    48  amended to read as follows:
    49    (b) The chairman shall establish  committees  to  assist  him  in  the
    50  performance  of his duties and shall appoint members of the authority to
    51  such committees. Among such committees, there shall be  a  committee  on
    52  operations  of  the  New  York city transit authority, the Manhattan and
    53  Bronx surface transit operating authority and the  Staten  Island  rapid
    54  transit  operating  authority;  a  committee  on  operations of the Long
    55  Island Rail Road and the metropolitan suburban bus authority; a  commit-
    56  tee  on  operations of the Metro-North commuter railroad; a committee on
        A. 2319                             3
 
     1  operations of the Triborough bridge and tunnel authority; a committee on
     2  finance; [and] a committee on capital program oversight; and a committee
     3  on safety. The committee on capital program oversight shall include  not
     4  less  than  [three]  four members, and shall include the chairpersons of
     5  the committee on operations of the New York city transit authority,  the
     6  Manhattan  and  Bronx surface transit operating authority and the Staten
     7  Island rapid transit operating authority, the committee on operations of
     8  the Long Island Rail Road and the metropolitan suburban  bus  authority,
     9  [and]  the committee on operations of the Metro-North commuter railroad,
    10  and the committee on  safety.  [Such]  The  committee  on  safety  shall
    11  convene at least once annually and each committee chairperson, that is a
    12  member  of  the  committee  on  safety, shall report to the committee on
    13  safety any and all  initiatives,  concerns,  improvements,  or  failures
    14  involving  the  safety  of:  (1)  customers;  (2) employees; and (3) the
    15  public at large, in relation to authority facilities and  services.  The
    16  capital  program  committee  shall,  with  respect  to  any  approved or
    17  proposed capital program plans,  (i)  monitor  the  current  and  future
    18  availability of funds to be utilized for such plans approved or proposed
    19  to  be  submitted  to  the  metropolitan  transportation capital program
    20  review board as provided in section twelve hundred sixty-nine-b of  this
    21  title;  (ii) monitor the contract awards of the metropolitan transporta-
    22  tion authority and the New York city transit authority  to  insure  that
    23  such awards are consistent with (A) provisions of law authorizing United
    24  States  content  and  New  York state content; (B) collective bargaining
    25  agreements; (C) provisions of law providing for participation by minori-
    26  ty and women-owned businesses;  (D)  New  York  state  labor  laws;  (E)
    27  competitive  bidding  requirements including those regarding sole source
    28  contracts; and (F) any other relevant requirements established  by  law;
    29  (iii)  monitor  the  award  of contracts to determine if such awards are
    30  consistent with the manner in which the work was traditionally performed
    31  in the past provided, however, that any such determination shall not  be
    32  admissible  as  evidence in any arbitration or judicial proceeding; (iv)
    33  review the relationship between capital expenditures  pursuant  to  each
    34  such  capital  program  plan  and  current  and  future operating budget
    35  requirements; (v) monitor the progress of capital elements described  in
    36  each capital program plan approved as provided in section twelve hundred
    37  sixty-nine-b  of  this title; (vi) monitor the expenditures incurred and
    38  to be incurred  for  each  such  element;  and  (vii)  identify  capital
    39  elements  not progressing on schedule, ascertain responsibility therefor
    40  and recommend those actions required or appropriate to accelerate  their
    41  implementation.  The  capital  program committee shall issue a quarterly
    42  report on its activities and findings, and shall in connection with  the
    43  preparation of such quarterly report, consult with the state division of
    44  the  budget,  the state department of transportation, the members of the
    45  metropolitan transportation authority capital program review  board  and
    46  any  other group the committee deems relevant, including public employee
    47  organizations, and, at least  annually,  with  a  nationally  recognized
    48  independent  transit  engineering firm. Such report shall be made avail-
    49  able to the members of the authority, to the members of the metropolitan
    50  transportation authority capital program review board, and the directors
    51  of the municipal assistance corporation for the city of New York.
    52    § 3. This act shall take effect immediately, provided that the  amend-
    53  ments  to  paragraph  (b) of subdivision 4 of section 1263 of the public
    54  authorities law made by section one of this act shall be subject to  the
    55  expiration  and  reversion  of such subdivision pursuant to section 3 of
        A. 2319                             4
 
     1  chapter 549 of the laws of 1994, as amended, when  upon  such  date  the
     2  provisions of section two of this act shall take effect.