S00020 Summary:

BILL NOS00020A
 
SAME ASSAME AS A00923-A
 
SPONSORGOUNARDES
 
COSPNSRCHU, CLEARE, COMRIE, FERNANDEZ, GIANARIS, HARCKHAM, HOYLMAN-SIGAL, JACKSON, KAVANAGH, LIU, MAYER, RAMOS, SALAZAR, SCARCELLA-SPANTON, SEPULVEDA, THOMAS, WEBER
 
MLTSPNSR
 
Amd §1263, Pub Auth L
 
Increases membership on the board of the metropolitan transportation authority, including members representative of commuters' advisory councils.
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S00020 Actions:

BILL NOS00020A
 
01/04/2023REFERRED TO TRANSPORTATION
01/03/2024REFERRED TO TRANSPORTATION
01/08/2024AMEND (T) AND RECOMMIT TO TRANSPORTATION
01/08/2024PRINT NUMBER 20A
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S00020 Committee Votes:

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S00020 Floor Votes:

There are no votes for this bill in this legislative session.
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S00020 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          20--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced   by   Sens.   GOUNARDES,  CLEARE,  GIANARIS,  HOYLMAN-SIGAL,
          KAVANAGH, RAMOS -- read twice and ordered printed, and when printed to
          be committed to the Committee on Transportation -- recommitted to  the
          Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        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 672 of the laws of 2023, is amended to
     6  read 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  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.
                                                                   LBD00710-06-4

        S. 20--A                            2
 
     1  the written recommendation of the mayor of the city of New York;  one of
     2  the twenty voting members other than the chairperson  shall be appointed
     3  on the written recommendation of the New  York  city  transit  authority
     4  advisory  council;  one  of  the  twenty voting members other   than the
     5  chairperson shall be appointed on  the  written  recommendation  of  the
     6  Metro-North rail commuter council; one  of  the  twenty  voting  members
     7  other than the chairperson shall be appointed on the written recommenda-
     8  tion  of the Long Island Rail Road commuter's council; one of the twenty
     9  voting  members  other  than  the  chairperson shall be appointed on the
    10  written  recommendation of the commissioner of the New York city mayor's
    11  office for people with  disabilities,  as  such  office  is  defined  in
    12  section  22-301  of the New York city administrative code, provided that
    13  such commissioner shall consult with disability advisory bodies  to  the
    14  authority  and  external  disability  advocacy organizations when making
    15  such appointment; and each of seven other voting members other than  the
    16  chairperson  shall  be  appointed after selection from a written list of
    17  three recommendations from the chief executive officer of the county  in
    18  which  the  particular  member  is  required  to  reside pursuant to the
    19  provisions of this subdivision. Of the members appointed on  recommenda-
    20  tion  of  the chief executive officer of a county, one such member shall
    21  be, at the time of appointment, a resident of the county of Nassau,  one
    22  a  resident  of  the  county of Suffolk, one a resident of the county of
    23  Westchester, one a resident of the county of Dutchess, one a resident of
    24  the county of Orange, one a resident of the county of Putnam and  one  a
    25  resident of the county of Rockland, provided that the term of any member
    26  who  is  a resident of a county that has withdrawn from the metropolitan
    27  commuter transportation district  pursuant  to  section  twelve  hundred
    28  seventy-nine-b  of this title shall terminate upon the effective date of
    29  such county's withdrawal from such district. Of the five voting members,
    30  other than the chairperson, appointed by the governor without  recommen-
    31  dation  from  any  other person, three shall be, at the time of appoint-
    32  ment, residents of the city of New York and two shall be, at the time of
    33  appointment, residents of such city or  of  any  of  the  aforementioned
    34  counties  in the metropolitan commuter transportation district. Provided
    35  however, notwithstanding the foregoing residency requirement, one of the
    36  five voting members appointed by  the  governor  without  recommendation
    37  from  any  other person, other than the chairperson, may be the director
    38  of the New York state division of the budget, and provided further that,
    39  in the event of such appointment, the budget  director's  membership  in
    40  the  authority  shall be deemed ex-officio. Provided further, one of the
    41  five voting members, other than the chairperson, appointed by the gover-
    42  nor without recommendation by  any  other  person  shall  be  a  transit
    43  dependent  individual.  A  "transit  dependent individual" shall mean an
    44  individual who is limited to public transit as  their  primary  mode  of
    45  transportation  because  the  individual  has  a  permanent  disability,
    46  provided that any local or statewide transit advocacy  organization  may
    47  recommend one or more transit dependent individuals to be considered for
    48  appointment  pursuant  to  this section. The chairperson and each of the
    49  members shall be appointed for a term of six  years,  provided  however,
    50  that  the chairperson first appointed shall serve for a term ending June
    51  thirtieth, nineteen hundred eighty-one, provided that thirty days  after
    52  the effective date of the chapter of the laws of two thousand nine which
    53  amended  this  subparagraph,  the  term of the chairperson shall expire;
    54  provided, further, that such chairperson may continue to  discharge  the
    55  duties of [his or her] their office until the position of chairperson is
    56  filled by appointment by the governor upon the advice and consent of the

        S. 20--A                            3
 
     1  senate and the term of such new chairperson shall terminate June thirti-
     2  eth,  two  thousand  fifteen. [The sixteen] Sixteen of the other members
     3  first appointed shall serve for the following terms:  The  members  from
     4  the  counties  of  Nassau  and  Westchester  shall each serve for a term
     5  ending June thirtieth, nineteen hundred eighty-five;  the  members  from
     6  the  county of Suffolk and from the counties of Dutchess, Orange, Putnam
     7  and Rockland shall each serve for a term ending June thirtieth, nineteen
     8  hundred ninety-two; two of the members appointed  on  recommendation  of
     9  the  mayor  of  the  city of New York shall each serve for a term ending
    10  June thirtieth, nineteen hundred eighty-four and, two shall  each  serve
    11  for  a  term  ending June thirtieth, nineteen hundred eighty-one; two of
    12  the members appointed by the governor without the recommendation of  any
    13  other person shall each serve for a term ending June thirtieth, nineteen
    14  hundred  eighty-two, two shall each serve for a term ending June thirti-
    15  eth, nineteen hundred eighty and one shall serve for a term ending  June
    16  thirtieth,  nineteen  hundred  eighty-five. [The two non-voting and four
    17  alternate non-voting members shall serve until January first, two  thou-
    18  sand one.] The members from the counties of Dutchess, Orange, Putnam and
    19  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. 20--A                            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 New York city administrative
    33  code,  provided  that  such  commissioner  shall consult with disability
    34  advisory bodies to the authority and external disability advocacy organ-
    35  izations when making such appointment; and each of seven  other  members
    36  other than the [chairman] chairperson shall be appointed after selection
    37  from  a  written  list of three recommendations from the chief executive
    38  officer of the county in which the  particular  member  is  required  to
    39  reside  pursuant  to  the provisions of this subdivision. Of the members
    40  appointed on recommendation of the chief executive officer of a  county,
    41  one  such member shall be, at the time of appointment, a resident of the
    42  county of Nassau; one a resident of the county of Suffolk; one  a  resi-
    43  dent  of  the county of Westchester; and one a resident of the county of
    44  Dutchess, one a resident of the county of Orange, one a resident of  the
    45  county  of Putnam and one a resident of the county of Rockland, provided
    46  that the term of any member who is a resident of a county that has with-
    47  drawn from the metropolitan commuter transportation district pursuant to
    48  section twelve hundred seventy-nine-b of this title shall terminate upon
    49  the effective date of such county's withdrawal from  such  district.  Of
    50  the  five  members,  other than the [chairman] chairperson, appointed by
    51  the governor without recommendation from any other person,  three  shall
    52  be,  at  the  time of appointment, residents of the city of New York and
    53  two shall be, at the time of appointment, residents of such city  or  of
    54  any  of  the aforementioned counties in the metropolitan commuter trans-
    55  portation district.  Provided  however,  notwithstanding  the  foregoing
    56  residency  requirement,  one of the five voting members appointed by the

        S. 20--A                            5
 
     1  governor without recommendation from any other person,  other  than  the
     2  [chairman]  chairperson, may be the director of the New York state divi-
     3  sion of the budget, and provided further that,  in  the  event  of  such
     4  appointment,  the budget director's membership in the authority shall be
     5  deemed ex-officio.  The [chairman] chairperson and each of  the  members
     6  shall  be  appointed for a term of six years, provided however, that the
     7  [chairman] chairperson first appointed shall serve  for  a  term  ending
     8  June  thirtieth,  nineteen hundred eighty-one, provided that thirty days
     9  after the effective date of the chapter of the laws of two thousand nine
    10  which amended this paragraph, the term  of  the  [chairman]  chairperson
    11  shall  expire;  provided,  further, that such [chairman] chairperson may
    12  continue to discharge the duties of [his] their office until  the  posi-
    13  tion  of [chairman] chairperson is filled by appointment by the governor
    14  upon the advice and consent of the senate  and  the  term  of  such  new
    15  [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. 20--A                            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. 20--A                            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. 20--A                            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. 20--A                            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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