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S05002 Summary:

S05002 Actions:

S05002 Committee Votes:

S05002 Floor Votes:

S05002 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5002
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      March 3, 2017
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
 
        AN ACT to amend the public authorities law, in relation to  establishing
          a committee on safety within the metropolitan transportation authority
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision  4  of  section  1263  of  the
     2  public  authorities  law, as amended by chapter 549 of the laws of 1994,
     3  is amended to read as follows:
     4    (b) The chairman shall establish  committees  to  assist  him  in  the
     5  performance  of his duties and shall appoint members of the authority to
     6  such committees. Among such committees, there shall be  a  committee  on
     7  operations  of  the  New  York city transit authority, the Manhattan and
     8  Bronx surface transit operating authority and the  Staten  Island  rapid
     9  transit  operating  authority;  a  committee  on  operations of the Long
    10  Island Rail Road and the metropolitan suburban bus authority; a  commit-
    11  tee  on  operations of the Metro-North commuter railroad; a committee on
    12  operations of the Triborough bridge and tunnel authority; a committee on
    13  finance; [and] a committee on capital program oversight; and a committee
    14  on safety. In addition to such appointed members, each of the non-voting
    15  members referred to in subparagraph two of paragraph (a) of  subdivision
    16  one  of  this  section  shall  serve on the committee on capital program
    17  oversight, the committee  on  finance,  the  committee  on  safety,  the
    18  committee  on  operations of the Triborough bridge and tunnel authority,
    19  and the operations committee  relevant  to  the  commuter  council  that
    20  recommended  such  member.  The  alternate non-voting members shall each
    21  serve on the respective operations committee relevant  to  the  commuter
    22  council  that recommended each member.  The committee on capital program
    23  oversight and the committee on safety shall include not less than  three
    24  members,  and  shall  include the chairpersons of the committee on oper-
    25  ations of the New York city transit authority, the Manhattan  and  Bronx
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07575-01-7
        S. 5002                             2
 
     1  surface  transit operating authority and the Staten Island rapid transit
     2  operating authority, the committee on operations of the Long Island Rail
     3  Road and the metropolitan suburban bus authority, and the  committee  on
     4  operations of the Metro-North commuter railroad. [Such] The committee on
     5  safety  shall  convene  at least once annually and each committee chair-
     6  person, that is a member of the committee on safety, shall report to the
     7  committee on safety any and all initiatives, concerns, improvements,  or
     8  failures  involving the safety of: (1) customers; (2) employees; and (3)
     9  the public at large, in relation to authority facilities  and  services.
    10  The  capital  program  committee  shall, with respect to any approved or
    11  proposed capital program plans,  (i)  monitor  the  current  and  future
    12  availability of funds to be utilized for such plans approved or proposed
    13  to  be  submitted  to  the  metropolitan  transportation capital program
    14  review board as provided in section twelve hundred sixty-nine-b of  this
    15  title;  (ii) monitor the contract awards of the metropolitan transporta-
    16  tion authority and the New York city transit authority  to  insure  that
    17  such awards are consistent with (A) provisions of law authorizing United
    18  States  content  and  New  York state content; (B) collective bargaining
    19  agreements; (C) provisions of law providing for participation by minori-
    20  ty and women-owned businesses;  (D)  New  York  state  labor  laws;  (E)
    21  competitive  bidding  requirements including those regarding sole source
    22  contracts; and (F) any other relevant requirements established  by  law;
    23  (iii)  monitor  the  award  of contracts to determine if such awards are
    24  consistent with the manner in which the work was traditionally performed
    25  in the past provided, however, that any such determination shall not  be
    26  admissible  as  evidence in any arbitration or judicial proceeding; (iv)
    27  review the relationship between capital expenditures  pursuant  to  each
    28  such  capital  program  plan  and  current  and  future operating budget
    29  requirements; (v) monitor the progress of capital elements described  in
    30  each capital program plan approved as provided in section twelve hundred
    31  sixty-nine-b  of  this title; (vi) monitor the expenditures incurred and
    32  to be incurred  for  each  such  element;  and  (vii)  identify  capital
    33  elements  not progressing on schedule, ascertain responsibility therefor
    34  and recommend those actions required or appropriate to accelerate  their
    35  implementation.  The  capital  program committee shall issue a quarterly
    36  report on its activities and findings, and shall in connection with  the
    37  preparation of such quarterly report, consult with the state division of
    38  the  budget,  the state department of transportation, the members of the
    39  metropolitan transportation authority capital program review  board  and
    40  any  other group the committee deems relevant, including public employee
    41  organizations, and, at least  annually,  with  a  nationally  recognized
    42  independent  transit  engineering firm. Such report shall be made avail-
    43  able to the members of the authority, to the members of the metropolitan
    44  transportation authority capital program review board, and the directors
    45  of the municipal assistance corporation for the city of New York.
    46    § 2. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
    47  authorities  law,  as  amended  by  chapter  494 of the laws of 1990, is
    48  amended to read as follows:
    49    (b) The chairman shall establish  committees  to  assist  him  in  the
    50  performance  of his duties and shall appoint members of the authority to
    51  such committees. Among such committees, there shall be  a  committee  on
    52  operations  of  the  New  York city transit authority, the Manhattan and
    53  Bronx surface transit operating authority and the  Staten  Island  rapid
    54  transit  operating  authority;  a  committee  on  operations of the Long
    55  Island Rail Road and the metropolitan suburban bus authority; a  commit-
    56  tee  on  operations of the Metro-North commuter railroad; a committee on
        S. 5002                             3
 
     1  operations of the Triborough bridge and tunnel authority; a committee on
     2  finance; [and] a committee on capital program oversight; and a committee
     3  on safety. The committee on capital program oversight shall include  not
     4  less  than  [three]  four members, and shall include the chairpersons of
     5  the committee on operations of the New York city transit authority,  the
     6  Manhattan  and  Bronx surface transit operating authority and the Staten
     7  Island rapid transit operating authority, the committee on operations of
     8  the Long Island Rail Road and the metropolitan suburban  bus  authority,
     9  [and]  the committee on operations of the Metro-North commuter railroad,
    10  and the committee on  safety.  [Such]  The  committee  on  safety  shall
    11  convene at least once annually and each committee chairperson, that is a
    12  member  of  the  committee  on  safety, shall report to the committee on
    13  safety any and all  initiatives,  concerns,  improvements,  or  failures
    14  involving  the  safety  of:  (1)  customers;  (2) employees; and (3) the
    15  public at large, in relation to authority facilities and  services.  The
    16  capital  program  committee  shall,  with  respect  to  any  approved or
    17  proposed capital program plans,  (i)  monitor  the  current  and  future
    18  availability of funds to be utilized for such plans approved or proposed
    19  to  be  submitted  to  the  metropolitan  transportation capital program
    20  review board as provided in section twelve hundred sixty-nine-b of  this
    21  title;  (ii) monitor the contract awards of the metropolitan transporta-
    22  tion authority and the New York city transit authority  to  insure  that
    23  such awards are consistent with (A) provisions of law authorizing United
    24  States  content  and  New  York state content; (B) collective bargaining
    25  agreements; (C) provisions of law providing for participation by minori-
    26  ty and women-owned businesses;  (D)  New  York  state  labor  laws;  (E)
    27  competitive  bidding  requirements including those regarding sole source
    28  contracts; and (F) any other relevant requirements established  by  law;
    29  (iii)  monitor  the  award  of contracts to determine if such awards are
    30  consistent with the manner in which the work was traditionally performed
    31  in the past provided, however, that any such determination shall not  be
    32  admissible  as  evidence in any arbitration or judicial proceeding; (iv)
    33  review the relationship between capital expenditures  pursuant  to  each
    34  such  capital  program  plan  and  current  and  future operating budget
    35  requirements; (v) monitor the progress of capital elements described  in
    36  each capital program plan approved as provided in section twelve hundred
    37  sixty-nine-b  of  this title; (vi) monitor the expenditures incurred and
    38  to be incurred  for  each  such  element;  and  (vii)  identify  capital
    39  elements  not progressing on schedule, ascertain responsibility therefor
    40  and recommend those actions required or appropriate to accelerate  their
    41  implementation.  The  capital  program committee shall issue a quarterly
    42  report on its activities and findings, and shall in connection with  the
    43  preparation of such quarterly report, consult with the state division of
    44  the  budget,  the state department of transportation, the members of the
    45  metropolitan transportation authority capital program review  board  and
    46  any  other group the committee deems relevant, including public employee
    47  organizations, and, at least  annually,  with  a  nationally  recognized
    48  independent  transit  engineering firm. Such report shall be made avail-
    49  able to the members of the authority, to the members of the metropolitan
    50  transportation authority capital program review board, and the directors
    51  of the municipal assistance corporation for the city of New York.
    52    § 3. This act shall take effect immediately, provided that the  amend-
    53  ments  to  paragraph  (b) of subdivision 4 of section 1263 of the public
    54  authorities law made by section one of this act shall be subject to  the
    55  expiration  and  reversion  of such subdivision pursuant to section 3 of
        S. 5002                             4
 
     1  chapter 549 of the laws of 1994, as amended, when  upon  such  date  the
     2  provisions of section two of this act shall take effect.