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S03959 Summary:

S03959 Actions:

S03959 Committee Votes:

S03959 Floor Votes:

S03959 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3959--B
            Cal. No. 907
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2021
                                       ___________
 
        Introduced by Sens. KENNEDY, BROUK, COONEY, MANNION, RAMOS -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on  Transportation  --  committee  discharged,  bill  amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the  Committee on Transportation in accordance with Senate Rule 6,
          sec. 8 -- reported favorably from said committee, ordered to first and
          second report, ordered to a third reading, passed by Senate and deliv-
          ered to the Assembly, recalled, vote reconsidered, restored  to  third
          reading,  amended  and  ordered  reprinted, retaining its place in the
          order of third reading
 
        AN ACT to amend the public  authorities  law,  in  relation  to  various
          transportation authorities
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1299-a of the public authorities law is amended  by
     2  adding a new subdivision 18 to read as follows:
     3    18.  "Transit  dependent"  shall  mean an individual who is limited to
     4  public transit as their primary mode of transportation because the indi-
     5  vidual has either a permanent or temporary disability.
     6    § 2. Subdivision 1 of section 1299-c of the public authorities law, as
     7  amended by chapter 220 of the laws of 2012, paragraph (b) as amended  by
     8  chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter
     9  176 of the laws of 2012, is amended to read as follows:
    10    1.  (a)  There  is hereby created the "Niagara Frontier transportation
    11  authority." The authority shall be a body corporate and politic  consti-
    12  tuting  a  public  benefit corporation. The authority shall consist of a
    13  chairman, ten [other] voting members and shall have [two] one non-voting
    14  [members] member as described in [paragraphs] paragraph (b) [and (c)] of
    15  this subdivision appointed by the governor by and with  the  advice  and
    16  consent  of  the senate. The chairman and all members shall be residents
    17  of the district. Of the ten voting members other than the chairman,  one
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07644-08-2
        S. 3959--B                          2
 
     1  shall  be  appointed  upon the written recommendation of the Erie county
     2  executive [and], one shall be appointed upon the written  recommendation
     3  of  the  Erie  county  legislature,  and at least one shall be a transit
     4  dependent  individual.  The  chairman  and  each of the members shall be
     5  appointed for a term of eight years, provided however, that the chairman
     6  first appointed shall serve for a term ending June  thirtieth,  nineteen
     7  hundred  seventy-three,  and of the eight other members first appointed,
     8  one shall serve for a  term  ending  June  thirtieth,  nineteen  hundred
     9  sixty-eight,  two shall serve for a term ending June thirtieth, nineteen
    10  hundred sixty-nine, one shall serve for a term  ending  June  thirtieth,
    11  nineteen hundred seventy, two shall serve for a term ending June thirti-
    12  eth,  nineteen  hundred  seventy-one,  one shall serve for a term ending
    13  June thirtieth, nineteen hundred seventy-two and one shall serve  for  a
    14  term  ending June thirtieth, nineteen hundred seventy-three. The term of
    15  one of the members appointed to memberships first created by  law  after
    16  April  first,  nineteen  hundred sixty-nine shall end on June thirtieth,
    17  nineteen hundred seventy-four, and the term of  the  other  such  member
    18  shall  end  on  June thirtieth, nineteen hundred seventy-five. Following
    19  the expiration of any term ending on or after June  thirtieth,  nineteen
    20  hundred  eighty-seven, each member shall be appointed for a term of five
    21  years beginning on the day after the expiration date of such prior term;
    22  provided, however, that the term of the member first appointed upon  the
    23  written  recommendation of the Erie county executive and the term of the
    24  member first appointed upon the written recommendation of the Erie coun-
    25  ty legislature shall be for a term ending on  June  thirtieth,  nineteen
    26  hundred ninety-six.
    27    (b)  The  [first] non-voting member of the authority, who shall not be
    28  considered in determining a quorum, shall be recommended to the governor
    29  by the labor organization representing the plurality  of  the  employees
    30  within  the  authority  and  shall be a resident of the Niagara Frontier
    31  transportation district as described in section twelve  hundred  ninety-
    32  nine-b  of this title. Such [first] non-voting member shall be appointed
    33  for a term of five years, provided, however, that if at any time  during
    34  the  term  of appointment such non-voting member ceases to be affiliated
    35  with the labor organization  representing  the  plurality  of  employees
    36  within  the  authority,  then  such  labor  organization may at any time
    37  during such term recommend a new member to the governor who shall  serve
    38  the  remainder of the term. If the local bargaining unit decertifies its
    39  existing union affiliation and certifies a new union,  the  union  which
    40  represents  the plurality of the employees may recommend a new member to
    41  the governor who shall serve the remainder of the term.  The chairman of
    42  the authority, at his or her discretion,  may  exclude  such  non-voting
    43  member  from  attending  any portion of a meeting of the authority or of
    44  any committee held for the purpose of discussing negotiations with labor
    45  organizations, pending litigation involving the labor  organization,  or
    46  the investigation, evaluation, or discipline of an employee.
    47    (c)  [There shall also be a second non-voting member of the authority,
    48  who shall not be considered in determining a quorum. The second non-vot-
    49  ing member shall be appointed by the governor as a representative of the
    50  transit dependent community and/or people with disabilities. The  second
    51  non-voting  member  shall  be  appointed  for a term of five years.] The
    52  transit dependent individual appointed pursuant to  subdivision  (a)  of
    53  this section shall be appointed by the governor at the recommendation of
    54  a local or statewide transit advocacy organization. Such member shall be
    55  a  resident  of a county described in paragraph (a) of this subdivision.
    56  If a vacancy shall occur, a replacement shall be  appointed  within  six
        S. 3959--B                          3
 
     1  months,  subject to the same appointment process set forth in this para-
     2  graph.
     3    §  3.  Section  1299-bb  of  the  public authorities law is amended by
     4  adding a new subdivision 25 to read as follows:
     5    25. "Transit dependent" shall mean an individual  who  is  limited  to
     6  public transit as their primary mode of transportation because the indi-
     7  vidual has either a permanent or temporary disability.
     8    § 4. Subdivisions 1 and 4 of section 1299-dd of the public authorities
     9  law,  subdivision  1  as  amended by chapter 495 of the laws of 2019 and
    10  subdivision 4 as amended by chapter  1115  of  the  laws  of  1971,  are
    11  amended to read as follows:
    12    1.  (a)  There is hereby created the Rochester-Genesee regional trans-
    13  portation authority. The authority shall be a body corporate and politic
    14  constituting a public benefit corporation. It shall consist of at  least
    15  one  member  from  each  county that elects to join the authority except
    16  that the county of Monroe shall have seven members of whom  three  shall
    17  be appointed from the city of Rochester and four at large from the coun-
    18  ty  of Monroe, and a voting member who is a transit dependent individual
    19  appointed pursuant to paragraph (c) of this subdivision and  shall  have
    20  [two] one non-voting [members] member as described in [paragraphs] para-
    21  graph (b) [and (c)] of this subdivision.  The members shall be appointed
    22  by  the  governor  by and with the advice and consent of the senate. The
    23  governor shall make initial appointments to the authority in such number
    24  and from lists submitted as follows: three members shall be appointed to
    25  the authority from a list of not less than six names, all of  whom  must
    26  be  residents of the city of Rochester, submitted to the governor by the
    27  council of the city of Rochester; four persons from a list of  not  less
    28  than  eight  persons,  all  of  whom  must be residents of the county of
    29  Monroe submitted by the legislature of the county of Monroe. Other coun-
    30  ties electing to participate shall each submit to the governor a list of
    31  not less than two persons for each one hundred thousand or  major  frac-
    32  tion of the total population, as determined by the last federal decenni-
    33  al  or federal county-wide special census. From the counties outside the
    34  county of Monroe which shall elect to participate,  the  governor  shall
    35  appoint  one  member  for each one hundred thousand or major fraction of
    36  the total population, as determined by the  last  federal  decennial  or
    37  federal  county-wide  special  census,  with  a minimum of one member to
    38  represent each county outside  the  county  of  Monroe  so  electing  to
    39  participate. All members of the authority shall be residents of the area
    40  from which they are nominated.
    41    (b)  The  [first] non-voting member of the authority, who shall not be
    42  considered in determining a quorum, shall be recommended to the governor
    43  by the labor organization representing the plurality  of  the  employees
    44  within  the  authority  and shall be a resident of the Rochester-Genesee
    45  regional transportation district as described in section twelve  hundred
    46  ninety-nine-cc  of  this  title. Such [first] non-voting member shall be
    47  appointed for a term of five years, provided, however, that  if  at  any
    48  time  during the term of appointment such non-voting member ceases to be
    49  affiliated with the labor organization  representing  the  plurality  of
    50  employees  within the authority, then such labor organization may at any
    51  time during such term recommend a new member to the governor  who  shall
    52  serve  the  remainder of the term. If the local bargaining unit decerti-
    53  fies its existing union affiliation and certifies a new union, the union
    54  which represents the plurality of the  employees  may  recommend  a  new
    55  member  to  the governor who shall serve the remainder of the term.  The
    56  chairman of the authority, at his or her discretion,  may  exclude  such
        S. 3959--B                          4
 
     1  non-voting member from attending any portion of a meeting of the author-
     2  ity  or of any committee held for the purpose of discussing negotiations
     3  with labor organizations, pending litigation involving the labor  organ-
     4  ization, or the investigation, evaluation, or discipline of an employee.
     5    [(c)  There shall also be a second non-voting member of the authority,
     6  who shall not be considered in determining a quorum. The second non-vot-
     7  ing member shall be appointed by the governor as a representative of the
     8  transit dependent  and/or  disabled  community.  The  second  non-voting
     9  member  shall  be  appointed  for a term of five years. The chair of the
    10  authority, at his or her discretion, may exclude such non-voting  member
    11  from  attending  any  portion  of  a  meeting of the authority or of any
    12  committee held pursuant to the executive session provisions of the  open
    13  meetings law.]
    14    (c)  The  voting  member  who  is  a  transit  dependent individual as
    15  described in paragraph (a) of this subdivision shall be appointed by the
    16  governor at the recommendation of a local or statewide transit  advocacy
    17  organization  for  a  term  of  five years. If a vacancy occurs for such
    18  position, a replacement shall be appointed within six months pursuant to
    19  this process.
    20    4. A majority  of  the  whole  number  of  votes  of  members  of  the
    21  authority,  including the voting member who is a transit dependent indi-
    22  vidual as described in subdivision one of this section, shall constitute
    23  a quorum for the transaction of business or the exercise of any power of
    24  the authority. Except as otherwise specified in this act, for the trans-
    25  action of any business or the exercise of any power  of  the  authority,
    26  the  authority shall have power to act by a majority vote of the members
    27  present at any meeting at which a quorum is in attendance.  Each  member
    28  of  the  authority  shall have one vote for each thirty-five thousand or
    29  major fraction thereof of the population of  the  county  or  city  from
    30  which  he is appointed based upon the results of the last federal decen-
    31  nial or federal county-wide special census divided by the  total  number
    32  of  members  appointed  from such county or city, except that the voting
    33  member who is a transit dependent individual as described in subdivision
    34  one of this section shall have one vote in total. The minimum number  of
    35  votes  each  member  shall  have,  regardless of population, is one. The
    36  votes of all members shall be calculated with fractions being rounded to
    37  the nearest whole number. The population of a county for the purposes of
    38  this provision is the total population of such  county  less  the  popu-
    39  lation  of  any  city which is entitled to have members appointed on the
    40  authority.
    41    § 5. Section 1301 of the public authorities law is amended by adding a
    42  new subdivision 26 to read as follows:
    43    26. "Transit dependent" shall mean an individual  who  is  limited  to
    44  public transit as their primary mode of transportation because the indi-
    45  vidual has a temporary or permanent disability.
    46    §  6.  Subdivision 1 of section 1303 of the public authorities law, as
    47  amended by chapter 388 of the laws  of  2007,  is  amended  to  read  as
    48  follows:
    49    1.  (a)  There  is  hereby created the Capital District transportation
    50  authority. The authority shall be a body corporate and  politic  consti-
    51  tuting  a  public benefit corporation. It shall consist of not less than
    52  eight nor more than fifteen members, including a chairman and shall have
    53  one non-voting member as described in paragraph (b) of this subdivision.
    54  At least one voting member shall be a transit dependent  individual  who
    55  shall  be  appointed by the governor at the recommendation of a local or
    56  statewide transit advocacy organization,  provided  that  if  a  vacancy
        S. 3959--B                          5
 
     1  occurs  for  such transit dependent member position, a replacement shall
     2  be appointed within six months, subject to    the    same    appointment
     3  process  within  this  paragraph.  The members shall be appointed by the
     4  governor  by and with the advice and consent of the senate. The governor
     5  shall make initial appointments to the authority in such number and from
     6  lists submitted as follows: three members  shall  be  appointed  to  the
     7  authority  from  a  list of six names, all of whom shall be residents of
     8  the county of Albany, four of which names  shall  be  submitted  to  the
     9  governor by the majority party of the legislature of the county of Alba-
    10  ny  and  two  of which names shall be submitted by the minority party of
    11  such legislature; two members shall be appointed to the authority from a
    12  list of four names, all of whom shall be  residents  of  the  county  of
    13  Schenectady,  three of which names shall be submitted to the governor by
    14  the majority party of the legislature of the county of  Schenectady  and
    15  one  of  which  names  shall  be submitted by the minority party of such
    16  legislature; two members shall be appointed to the authority from a list
    17  of four names, all of whom shall be residents of the county  of  Rensse-
    18  laer,  three  of  which  names shall be submitted to the governor by the
    19  majority party of the legislature of the county of Rensselaer and one of
    20  which names shall be submitted by the minority party  of  such  legisla-
    21  ture;  two  members  shall  be appointed to the authority from a list of
    22  four names, all of whom shall be residents of the  county  of  Saratoga,
    23  three  of which names shall be submitted to the governor by the majority
    24  party of the legislature of the county of  Saratoga  and  one  of  which
    25  names  shall  be  submitted  by  the minority party of such legislature.
    26  Other counties electing to participate shall each submit to the governor
    27  a list of two persons each of whom shall be a resident of  such  county,
    28  one  of  which  names shall be submitted to the governor by the majority
    29  party of the legislature of such county and one of which names shall  be
    30  submitted  by  the minority party of such legislature, from which number
    31  the governor shall appoint one member for each such county  so  electing
    32  to participate.
    33    (b)  [There shall also be one] The non-voting member of the authority,
    34  [which] who shall not be considered in determining a quorum[.  The  non-
    35  voting member], shall be recommended to the governor by the labor organ-
    36  ization representing the plurality of the employees within the authority
    37  and  shall be a resident of the Capital District transportation district
    38  as described in section thirteen hundred two of this title. The non-vot-
    39  ing member shall be appointed for a term of five years, provided, howev-
    40  er, that if at any time during the term of  appointment  the  non-voting
    41  member  ceases to be affiliated with the labor organization representing
    42  the plurality of employees within the authority, then such labor  organ-
    43  ization  may  at any time during such term recommend a new member to the
    44  governor who shall serve  the  remainder  of  the  term.  If  the  local
    45  bargaining unit decertifies its existing union affiliation and certifies
    46  a  new  union, the union which represents the plurality of the employees
    47  may recommend a new member to the governor who shall serve the remainder
    48  of the term. The chairman of the authority, at his  or  her  discretion,
    49  may exclude such non-voting member from attending any portion of a meet-
    50  ing  of  the  authority  or  of  any  committee  held for the purpose of
    51  discussing negotiations with  labor  organizations,  pending  litigation
    52  involving  the  labor organization, or the investigation, evaluation, or
    53  discipline of an employee.
    54    § 7. Section 1326 of the public authorities law is amended by adding a
    55  new subdivision 26 to read as follows:
        S. 3959--B                          6
 
     1    26. "Transit dependent" shall mean an individual  who  is  limited  to
     2  public transit as their primary mode of transportation because the indi-
     3  vidual has a temporary or permanent disability.
     4    §  8.  Subdivision 1 of section 1328 of the public authorities law, as
     5  separately amended by chapters 388 and 396  of  the  laws  of  2007,  is
     6  amended to read as follows:
     7    1. (a) There is hereby created the central New York regional transpor-
     8  tation  authority.  The  authority shall be a body corporate and politic
     9  constituting a public benefit corporation. It shall consist of not  more
    10  than  twelve members, including a chairman and shall have one non-voting
    11  member as described in paragraph (b) of this subdivision.  At least  one
    12  voting  member  shall  be  a  transit  dependent individual who shall be
    13  appointed by the governor at the recommendation of a local or  statewide
    14  transit  advocacy  organization,  provided  that if a vacancy occurs for
    15  such transit dependent member position, a replacement shall be appointed
    16  within six months, subject to   the   same   appointment process  within
    17  this  paragraph.  The  members shall be appointed by the governor by and
    18  with the advice and consent of  the  senate.  The  governor  shall  make
    19  initial  appointments  to  the  authority  in such number and from lists
    20  submitted as follows: three members shall be appointed to the  authority
    21  from a list of not less than six names, submitted to the governor by the
    22  common  council of the city of Syracuse, five persons from a list of not
    23  less than ten names, submitted by the legislature of the county of Onon-
    24  daga and two members shall be appointed from a list  of  not  less  than
    25  four  names  submitted by the legislature of the county of Oneida. Other
    26  counties electing to participate shall each submit  to  the  governor  a
    27  list of not less than two persons for each one hundred thousand or major
    28  fraction  of the total population, as determined by the nineteen hundred
    29  seventy or any  subsequent  federal  decennial  or  federal  county-wide
    30  special  census,  of  the  counties outside the county of Onondaga which
    31  shall elect to participate, from which number the governor shall appoint
    32  one member for each one hundred thousand or major fraction of the  total
    33  population,  as  determined by such federal decennial or federal county-
    34  wide special census, with a maximum of three members to  represent  such
    35  counties outside the county of Onondaga so electing to participate.
    36    (b)  [There shall also be one] The non-voting member of the authority,
    37  [which] who shall not be considered in determining a quorum[.  The  non-
    38  voting member], shall be recommended to the governor by the labor organ-
    39  ization  representing the plurality of the employees within the authori-
    40  ty. The non-voting member shall be appointed for a term of seven  years,
    41  provided,  however,  that  if at any time during the term of appointment
    42  the non-voting member ceases to be affiliated with the  labor  organiza-
    43  tion  representing the plurality of employees within the authority, then
    44  such labor organization may at any time during such term recommend a new
    45  member to the governor who shall serve the remainder of the term. If the
    46  local bargaining unit decertifies its  existing  union  affiliation  and
    47  certifies  a  new union, the union which represents the plurality of the
    48  employees may recommend a new member to the governor who shall serve the
    49  remainder of the term. The chairman of the  authority,  at  his  or  her
    50  discretion,  may  exclude  such  non-voting  member  from  attending any
    51  portion of a meeting of the authority or of any committee held  for  the
    52  purpose  of  discussing  negotiations  with labor organizations, pending
    53  litigation involving the labor organization, or the investigation, eval-
    54  uation, or discipline of an employee.
    55    § 9. This act shall take effect on the ninetieth day  after  it  shall
    56  have become a law.