Relates to increasing membership on the board of the metropolitan transportation authority, including members representative of commuters' advisory councils.
STATE OF NEW YORK
________________________________________________________________________
3837--A
2019-2020 Regular Sessions
IN SENATE
February 19, 2019
___________
Introduced by Sens. GOUNARDES, BIAGGI, GIANARIS, KAPLAN, KAVANAGH, MONT-
GOMERY, 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 membership on
the board of 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 (a) of subdivision 1 of section 1263 of the
2 public authorities law, as amended by chapter 549 of the laws of 1994
3 and subparagraph 1 as amended by section 1 of part E of chapter 39 of
4 the laws of 2019, is amended to read as follows:
5 (a)(1) There is hereby created the "metropolitan transportation
6 authority." The authority shall be a body corporate and politic consti-
7 tuting a public benefit corporation. The authority shall consist of a
8 [chairman] chairperson, [sixteen] twenty other voting members, and [two]
9 three non-voting [and four alternate non-voting members], as described
10 in subparagraph two of this paragraph appointed by the governor by and
11 with the advice and consent of the senate. Any member appointed to a
12 term commencing on or after June thirtieth, two thousand nine shall have
13 experience in one or more of the following areas: transportation, public
14 administration, business management, finance, accounting, law, engineer-
15 ing, land use, urban and regional planning, management of large capital
16 projects, labor relations, or have experience in some other area of
17 activity central to the mission of the authority. Four of the [sixteen]
18 twenty voting members other than the [chairman] chairperson shall be
19 appointed on the written recommendation of the mayor of the city of New
20 York; one of the twenty voting members other than the chairperson shall
21 be appointed on the written recommendation of the New York city transit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07693-02-0
S. 3837--A 2
1 authority advisory council; one of the twenty voting members other than
2 the chairperson shall be appointed on the written recommendation of the
3 Metro-North rail commuter council; one of the twenty voting members
4 other than the chairperson shall be appointed on the written recommenda-
5 tion of the Long Island Rail Road commuter's council; one of the twenty
6 voting members other than the chairperson shall be a New York city tran-
7 sit authority user with a publicly disclosed disability appointed on the
8 written recommendation of the head of an independent living center
9 located in New York city; and each of seven other voting members other
10 than the [chairman] chairperson shall be appointed after selection from
11 a written list of three recommendations from the chief executive officer
12 of the county in which the particular member is required to reside
13 pursuant to the provisions of this subdivision. Of the members appointed
14 on recommendation of the chief executive officer of a county, one such
15 member shall be, at the time of appointment, a resident of the county of
16 Nassau, one a resident of the county of Suffolk, one a resident of the
17 county of Westchester, one a resident of the county of Dutchess, one a
18 resident of the county of Orange, one a resident of the county of Putnam
19 and one a resident of the county of Rockland, provided that the term of
20 any member who is a resident of a county that has withdrawn from the
21 metropolitan commuter transportation district pursuant to section twelve
22 hundred seventy-nine-b of this title shall terminate upon the effective
23 date of such county's withdrawal from such district. Of the five voting
24 members, other than the [chairman] chairperson, appointed by the gover-
25 nor without recommendation from any other person, three shall be, at the
26 time of appointment, residents of the city of New York and two shall be,
27 at the time of appointment, residents of such city or of any of the
28 aforementioned counties in the metropolitan commuter transportation
29 district. Provided however, notwithstanding the foregoing residency
30 requirement, one of the five voting members appointed by the governor
31 without recommendation from any other person, other than the [chairman]
32 chairperson, may be the director of the New York state division of the
33 budget, and provided further that, in the event of such appointment, the
34 budget director's membership in the authority shall be deemed ex-offi-
35 cio. The [chairman] chairperson and each of the members shall be
36 appointed for a term of six years, provided however, that the [chairman]
37 chairperson first appointed shall serve for a term ending June thirti-
38 eth, nineteen hundred eighty-one, provided that thirty days after the
39 effective date of the chapter of the laws of two thousand nine which
40 amended this subparagraph, the term of the [chairman] chairperson shall
41 expire; provided, further, that such [chairman] chairperson may continue
42 to discharge the duties of his or her office until the position of
43 [chairman] chairperson is filled by appointment by the governor upon the
44 advice and consent of the senate and the term of such new [chairman]
45 chairperson shall terminate June thirtieth, two thousand fifteen. The
46 [sixteen] twenty other members first appointed shall serve for the
47 following terms: The members from the counties of Nassau and Westchester
48 shall each serve for a term ending June thirtieth, nineteen hundred
49 eighty-five; the members from the county of Suffolk and from the coun-
50 ties of Dutchess, Orange, Putnam and Rockland shall each serve for a
51 term ending June thirtieth, nineteen hundred ninety-two; two of the
52 members appointed on recommendation of the mayor of the city of New York
53 shall each serve for a term ending June thirtieth, nineteen hundred
54 eighty-four and, two shall each serve for a term ending June thirtieth,
55 nineteen hundred eighty-one; two of the members appointed by the gover-
56 nor without the recommendation of any other person shall each serve for
S. 3837--A 3
1 a term ending June thirtieth, nineteen hundred eighty-two, two shall
2 each serve for a term ending June thirtieth, nineteen hundred eighty and
3 one shall serve for a term ending June thirtieth, nineteen hundred
4 eighty-five; the member appointed by the governor on recommendation of
5 the New York city transit authority advisory council shall serve for a
6 term ending June thirtieth, two thousand twenty-four, and no more than
7 two six-year terms; the member appointed by the governor on recommenda-
8 tion of the Metro-North rail commuter council shall serve for a term
9 ending June thirtieth, two thousand twenty-four, and no more than two
10 six-year terms; the member appointed by the governor on recommendation
11 of the Long Island Rail Road commuter's council shall serve for a term
12 ending June thirtieth, two thousand twenty-four, and no more than two
13 six-year terms; and the member with a publicly disclosed disability
14 appointed on the written recommendation of the head of an independent
15 living center located in New York city shall serve for a term ending
16 June thirtieth, two thousand twenty-four. [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] three non-voting members [and four alternate
21 non-voting members] of the authority, as referred to in subparagraph one
22 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 alternate] second 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 alternate] third 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 or her direction, may exclude
41 [such] any non-voting member [or alternate non-voting member] from
42 attending any portion of a meeting of the authority or of any committee
43 established pursuant to paragraph (b) of subdivision four of this
44 section held for the purpose of discussing negotiations with labor
45 organizations.
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. 3837--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 § 2. 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 recommendations of the Long Island Rail Road commuter's
29 council; one of the twenty voting members other than the chairperson
30 shall be a New York city transit authority user with a publicly
31 disclosed disability appointed on the written recommendation of the head
32 of an independent living center located in New York city; and each of
33 seven other members other than the [chairman] chairperson shall be
34 appointed after selection from a written list of three recommendations
35 from the chief executive officer of the county in which the particular
36 member is required to reside pursuant to the provisions of this subdivi-
37 sion. Of the members appointed on recommendation of the chief executive
38 officer of a county, one such member shall be, at the time of appoint-
39 ment, a resident of the county of Nassau; one a resident of the county
40 of Suffolk; one a resident of the county of Westchester; and one a resi-
41 dent of the county of Dutchess, one a resident of the county of Orange,
42 one a resident of the county of Putnam and one a resident of the county
43 of Rockland, provided that the term of any member who is a resident of a
44 county that has withdrawn from the metropolitan commuter transportation
45 district pursuant to section twelve hundred seventy-nine-b of this title
46 shall terminate upon the effective date of such county's withdrawal from
47 such district. Of the five members, other than the [chairman] chair-
48 person, appointed by the governor without recommendation from any other
49 person, three shall be, at the time of appointment, residents of the
50 city of New York and two shall be, at the time of appointment, residents
51 of such city or of any of the aforementioned counties in the metropol-
52 itan commuter transportation district. Provided however, notwithstanding
53 the foregoing residency requirement, one of the five voting members
54 appointed by the governor without recommendation from any other person,
55 other than the [chairman] chairperson, may be the director of the New
56 York state division of the budget, and provided further that, in the
S. 3837--A 5
1 event of such appointment, the budget director's membership in the
2 authority shall be deemed ex-officio. The [chairman] chairperson and
3 each of the members shall be appointed for a term of six years, provided
4 however, that the [chairman] chairperson first appointed shall serve for
5 a term ending June thirtieth, nineteen hundred eighty-one, provided that
6 thirty days after the effective date of the chapter of the laws of two
7 thousand nine which amended this paragraph, the term of the [chairman]
8 chairperson shall expire; provided, further, that such [chairman] chair-
9 person may continue to discharge the duties of his or her office until
10 the position of [chairman] chairperson is filled by appointment by the
11 governor upon the advice and consent of the senate and the term of such
12 new [chairman] chairperson shall terminate June thirtieth, two thousand
13 fifteen. The [sixteen] twenty other members first appointed shall serve
14 for the following terms: The members from the counties of Nassau and
15 Westchester shall each serve for a term ending June thirtieth, nineteen
16 hundred eighty-five; the members from the county of Suffolk and from the
17 counties of Dutchess, Orange, Putnam and Rockland shall each serve for a
18 term ending June thirtieth, nineteen hundred ninety-two; two of the
19 members appointed on recommendation of the mayor of the city of New York
20 shall each serve for a term ending June thirtieth, nineteen hundred
21 eighty-four and, two shall each serve for a term ending June thirtieth,
22 nineteen hundred eighty-one; two of the members appointed by the gover-
23 nor without the recommendation of any other person shall each serve for
24 a term ending June thirtieth, nineteen hundred eighty-two, two shall
25 each serve for a term ending June thirtieth, nineteen hundred eighty and
26 one shall serve for a term ending June thirtieth, nineteen hundred
27 eighty-five; the member appointed by the governor on recommendation of
28 the New York city transit authority advisory council shall serve for a
29 term ending June thirtieth, two thousand twenty-four, and no more than
30 two six-year terms; the member appointed by the governor on recommenda-
31 tion of the Metro-North rail commuter council shall serve for a term
32 ending June thirtieth, two thousand twenty-four, and no more than two
33 six-year terms the member appointed by the governor on recommendation of
34 the Long Island Rail Road commuter's council shall serve for a term
35 ending June thirtieth, two thousand twenty-four, and no more than two
36 six-year terms; and the member appointed by the governor on the written
37 recommendation of the head of an independent living center in New York
38 city shall serve for a term ending June thirtieth, two thousand twenty-
39 four. The members from the counties of Dutchess, Orange, Putnam and
40 Rockland shall cast one collective vote.
41 § 3. Subdivision 2 of section 1263 of the public authorities law, as
42 amended by chapter 55 of the laws of 1992, is amended to read as
43 follows:
44 2. The [chairman] chairperson and the first vice [chairman] chair-
45 person shall be paid a salary in the amount determined by the authority;
46 the other members shall not receive a salary or other compensation. Each
47 member, including the [chairman] chairperson and the first vice [chair-
48 man] chairperson, shall be entitled to reimbursement for actual and
49 necessary expenses incurred in the performance of his or her official
50 duties.
51 § 4. Paragraph (a) of subdivision 4 of section 1263 of the public
52 authorities law, as amended by chapter 506 of the laws of 2009, is
53 amended to read as follows:
54 (a) Notwithstanding any provision of law to the contrary, the [chair-
55 man] chairperson shall be the chief executive officer of the authority
56 and shall be responsible for the discharge of the executive and adminis-
S. 3837--A 6
1 trative functions and powers of the authority. The [chairman] chair-
2 person may appoint an executive director and such other officials and
3 employees as shall in his or her judgment be needed to discharge the
4 executive and administrative functions and powers of the authority.
5 § 5. Paragraph (b) of subdivision 4 of section 1263 of the public
6 authorities law, as amended by section 1 of chapter 425 of the laws of
7 2018, is amended to read as follows:
8 (b) The [chairman] chairperson shall establish committees to assist
9 him or her in the performance of his or her duties and shall appoint
10 members of the authority to such committees. Among such committees,
11 there shall be a committee on operations of the New York city transit
12 authority, the Manhattan and Bronx surface transit operating authority
13 and the Staten Island rapid transit operating authority; a committee on
14 operations of the Long Island Rail Road and the metropolitan suburban
15 bus authority; a committee on operations of the Metro-North commuter
16 railroad; a committee on operations of the Triborough bridge and tunnel
17 authority; a committee on finance; a committee on capital program over-
18 sight; and a committee on safety. In addition to such appointed members,
19 each of the non-voting members referred to in subparagraph two of para-
20 graph (a) of subdivision one of this section shall serve on the commit-
21 tee on capital program oversight, the committee on finance, the commit-
22 tee on safety, the committee on operations of the Triborough bridge and
23 tunnel authority, and the operations committee relevant to the commuter
24 council that recommended such member. [The alternate non-voting members
25 shall each serve on the respective operations committee relevant to the
26 commuter council that recommended each member.] The committee on capital
27 program oversight and the committee on safety shall include not less
28 than three members, and shall include the chairpersons of the committee
29 on operations of the New York city transit authority, the Manhattan and
30 Bronx surface transit operating authority and the Staten Island rapid
31 transit operating authority, the committee on operations of the Long
32 Island Rail Road and the metropolitan suburban bus authority, and the
33 committee on operations of the Metro-North commuter railroad. The
34 committee on safety shall convene at least once annually and each
35 committee chairperson, that is a member of the committee on safety,
36 shall report to the committee on safety any and all initiatives,
37 concerns, improvements, or failures involving the safety of: (1) custom-
38 ers; (2) employees; and (3) the public at large, in relation to authori-
39 ty facilities and services. The capital program committee shall, with
40 respect to any approved or proposed capital program plans, (i) monitor
41 the current and future availability of funds to be utilized for such
42 plans approved or proposed to be submitted to the metropolitan transpor-
43 tation capital program review board as provided in section twelve
44 hundred sixty-nine-b of this title; (ii) monitor the contract awards of
45 the metropolitan transportation authority and the New York city transit
46 authority to insure that such awards are consistent with (A) provisions
47 of law authorizing United States content and New York state content; (B)
48 collective bargaining agreements; (C) provisions of law providing for
49 participation by minority and women-owned businesses; (D) New York state
50 labor laws; (E) competitive bidding requirements including those regard-
51 ing sole source contracts; and (F) any other relevant requirements
52 established by law; (iii) monitor the award of contracts to determine if
53 such awards are consistent with the manner in which the work was tradi-
54 tionally performed in the past provided, however, that any such determi-
55 nation shall not be admissible as evidence in any arbitration or judi-
56 cial proceeding; (iv) review the relationship between capital
S. 3837--A 7
1 expenditures pursuant to each such capital program plan and current and
2 future operating budget requirements; (v) monitor the progress of capi-
3 tal elements described in each capital program plan approved as provided
4 in section twelve hundred sixty-nine-b of this title; (vi) monitor the
5 expenditures incurred and to be incurred for each such element; and
6 (vii) identify capital elements not progressing on schedule, ascertain
7 responsibility therefor and recommend those actions required or appro-
8 priate to accelerate their implementation. The capital program committee
9 shall issue a quarterly report on its activities and findings, and shall
10 in connection with the preparation of such quarterly report, consult
11 with the state division of the budget, the state department of transpor-
12 tation, the members of the metropolitan transportation authority capital
13 program review board and any other group the committee deems relevant,
14 including public employee organizations, and, at least annually, with a
15 nationally recognized independent transit engineering firm. Such report
16 shall be made available to the members of the authority, to the members
17 of the metropolitan transportation authority capital program review
18 board, and the directors of the municipal assistance corporation for the
19 city of New York.
20 § 6. Paragraph (b) of subdivision 4 of section 1263 of the public
21 authorities law, as amended by section 2 of chapter 425 of the laws of
22 2018, is amended to read as follows:
23 (b) The [chairman] chairperson shall establish committees to assist
24 him or her in the performance of his or her duties and shall appoint
25 members of the authority to such committees. Among such committees,
26 there shall be a committee on operations of the New York city transit
27 authority, the Manhattan and Bronx surface transit operating authority
28 and the Staten Island rapid transit operating authority; a committee on
29 operations of the Long Island Rail Road and the metropolitan suburban
30 bus authority; a committee on operations of the Metro-North commuter
31 railroad; a committee on operations of the Triborough bridge and tunnel
32 authority; a committee on finance; a committee on capital program over-
33 sight; and a committee on safety. The committee on capital program over-
34 sight shall include not less than four members, and shall include the
35 chairpersons of the committee on operations of the New York city transit
36 authority, the Manhattan and Bronx surface transit operating authority
37 and the Staten Island rapid transit operating authority, the committee
38 on operations of the Long Island Rail Road and the metropolitan suburban
39 bus authority, the committee on operations of the Metro-North commuter
40 railroad, and the committee on safety. The committee on safety shall
41 convene at least once annually and each committee chairperson, that is a
42 member of the committee on safety, shall report to the committee on
43 safety any and all initiatives, concerns, improvements, or failures
44 involving the safety of: (1) customers; (2) employees; and (3) the
45 public at large, in relation to authority facilities and services. The
46 capital program committee shall, with respect to any approved or
47 proposed capital program plans, (i) monitor the current and future
48 availability of funds to be utilized for such plans approved or proposed
49 to be submitted to the metropolitan transportation capital program
50 review board as provided in section twelve hundred sixty-nine-b of this
51 title; (ii) monitor the contract awards of the metropolitan transporta-
52 tion authority and the New York city transit authority to insure that
53 such awards are consistent with (A) provisions of law authorizing United
54 States content and New York state content; (B) collective bargaining
55 agreements; (C) provisions of law providing for participation by minori-
56 ty and women-owned businesses; (D) New York state labor laws; (E)
S. 3837--A 8
1 competitive bidding requirements including those regarding sole source
2 contracts; and (F) any other relevant requirements established by law;
3 (iii) monitor the award of contracts to determine if such awards are
4 consistent with the manner in which the work was traditionally performed
5 in the past provided, however, that any such determination shall not be
6 admissible as evidence in any arbitration or judicial proceeding; (iv)
7 review the relationship between capital expenditures pursuant to each
8 such capital program plan and current and future operating budget
9 requirements; (v) monitor the progress of capital elements described in
10 each capital program plan approved as provided in section twelve hundred
11 sixty-nine-b of this title; (vi) monitor the expenditures incurred and
12 to be incurred for each such element; and (vii) identify capital
13 elements not progressing on schedule, ascertain responsibility therefor
14 and recommend those actions required or appropriate to accelerate their
15 implementation. The capital program committee shall issue a quarterly
16 report on its activities and findings, and shall in connection with the
17 preparation of such quarterly report, consult with the state division of
18 the budget, the state department of transportation, the members of the
19 metropolitan transportation authority capital program review board and
20 any other group the committee deems relevant, including public employee
21 organizations, and, at least annually, with a nationally recognized
22 independent transit engineering firm. Such report shall be made avail-
23 able to the members of the authority, to the members of the metropolitan
24 transportation authority capital program review board, and the directors
25 of the municipal assistance corporation for the city of New York.
26 § 7. Paragraphs (c) and (d) of subdivision 4 of section 1263 of the
27 public authorities law, paragraph (c) as added by chapter 247 of the
28 laws of 1990, paragraph (d) as added by section 5 of part H of chapter
29 25 of the laws of 2009, are amended to read as follows:
30 (c) The [chairman] chairperson shall ensure that at every meeting of
31 the board and at every meeting of each committee the public shall be
32 allotted a period of time, not less than thirty minutes, to speak on any
33 topic on the agenda.
34 (d) Notwithstanding paragraph (c) of subdivision one of section twen-
35 ty-eight hundred twenty-four of this chapter or any other provision of
36 law to the contrary, the [chairman] chairperson shall not participate in
37 establishing authority policies regarding the payment of salary, compen-
38 sation and reimbursement to, nor establish rules for the time and
39 attendance of, the chief executive officer. The salary of the [chairman]
40 chairperson, as determined pursuant to subdivision two of this section,
41 shall also be compensation for all services performed as chief executive
42 officer.
43 § 8. This act shall take effect immediately; provided that the amend-
44 ments to paragraph (a) of subdivision 1 of section 1263 of the public
45 authorities law made by section one of this act shall be subject to the
46 expiration and reversion of such paragraph pursuant to section 3 of
47 chapter 549 of the laws of 1994, as amended, when upon such date the
48 provisions of section two of this act shall take effect; and provided
49 further that the amendments to paragraph (b) of subdivision 4 of section
50 1263 of the public authorities law made by section five of this act
51 shall be subject to the expiration and reversion of such subdivision
52 pursuant to section 3 of chapter 549 of the laws of 1994, as amended,
53 when upon such date the provisions of section six of this act shall take
54 effect.