STATE OF NEW YORK
________________________________________________________________________
5106--A
2017-2018 Regular Sessions
IN SENATE
March 8, 2017
___________
Introduced by Sens. KENNEDY, MARCHIONE, VALESKY -- 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 commit-
tee
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 two new subdivisions 18 and 19 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, (a) has no means of private transportation; (b) is elderly (over
6 age 65); (c) is a youth (under age 18); or (d) lives below the poverty
7 or median income levels as defined by the U.S. Census Bureau.
8 19. "Para-transit dependent" shall mean an individual who is limited
9 to public transit as their primary mode of transportation and who has
10 either a permanent or temporary disability.
11 § 2. Subdivision 1 of section 1299-c of the public authorities law, as
12 amended by chapter 220 of the laws of 2012, paragraph (b) as amended by
13 chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter
14 176 of the laws of 2012, is amended to read as follows:
15 1. (a) There is hereby created the "Niagara Frontier transportation
16 authority." The authority shall be a body corporate and politic consti-
17 tuting a public benefit corporation. The authority shall consist of a
18 chairman, [ten] not more than twelve other members and shall have two
19 non-voting members as described in paragraphs (b) and (c) of this subdi-
20 vision appointed by the governor by and with the advice and consent of
21 the senate. The chairman and all members shall be residents of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00888-02-8
S. 5106--A 2
1 district. Of the [ten] members other than the chairman, one shall be
2 appointed upon the written recommendation of the Erie county executive
3 [and], one shall be appointed upon the written recommendation of the
4 Erie county legislature, at least one shall be appointed as a represen-
5 tative of the transit dependent community and at least one shall be
6 appointed as a representative of the para-transit dependent community,
7 as described in paragraph (d) of this subdivision. The chairman and
8 each of the members shall be appointed for a term of eight years,
9 provided however, that the chairman first appointed shall serve for a
10 term ending June thirtieth, nineteen hundred seventy-three, and of the
11 eight other members first appointed, one shall serve for a term ending
12 June thirtieth, nineteen hundred sixty-eight, two shall serve for a term
13 ending June thirtieth, nineteen hundred sixty-nine, one shall serve for
14 a term ending June thirtieth, nineteen hundred seventy, two shall serve
15 for a term ending June thirtieth, nineteen hundred seventy-one, one
16 shall serve for a term ending June thirtieth, nineteen hundred seventy-
17 two and one shall serve for a term ending June thirtieth, nineteen
18 hundred seventy-three. The term of one of the members appointed to
19 memberships first created by law after April first, nineteen hundred
20 sixty-nine shall end on June thirtieth, nineteen hundred seventy-four,
21 and the term of the other such member shall end on June thirtieth, nine-
22 teen hundred seventy-five. Following the expiration of any term ending
23 on or after June thirtieth, nineteen hundred eighty-seven, each member
24 shall be appointed for a term of five years beginning on the day after
25 the expiration date of such prior term; provided, however, that the term
26 of the member first appointed upon the written recommendation of the
27 Erie county executive and the term of the member first appointed upon
28 the written recommendation of the Erie county legislature shall be for a
29 term ending on June thirtieth, nineteen hundred ninety-six.
30 (b) The first non-voting member of the authority who shall not be
31 considered in determining a quorum, shall be recommended to the governor
32 by the labor organization representing the plurality of the employees
33 within the authority and shall be a resident of the Niagara Frontier
34 transportation district as described in section twelve hundred ninety-
35 nine-b of this title. Such first non-voting member shall be appointed
36 for a term of five years, provided, however, that if at any time during
37 the term of appointment such non-voting member ceases to be affiliated
38 with the labor organization representing the plurality of employees
39 within the authority, then such labor organization may at any time
40 during such term recommend a new member to the governor who shall serve
41 the remainder of the term. If the local bargaining unit decertifies its
42 existing union affiliation and certifies a new union, the union which
43 represents the plurality of the employees may recommend a new member to
44 the governor who shall serve the remainder of the term. The chairman of
45 the authority, at his or her discretion, may exclude such non-voting
46 member from attending any portion of a meeting of the authority or of
47 any committee held for the purpose of discussing negotiations with labor
48 organizations, pending litigation involving the labor organization, or
49 the investigation, evaluation, or discipline of an employee.
50 (c) There shall also be a second non-voting member of the authority,
51 who shall not be considered in determining a quorum. The second non-vot-
52 ing member shall be appointed by the governor as a representative of the
53 transit dependent community and/or people with disabilities. The second
54 non-voting member shall be appointed for a term of five years.
55 (d) There shall be at least two members of the authority appointed by
56 the governor as representatives of the transit dependent and para-tran-
S. 5106--A 3
1 sit dependent community. The governor shall make initial appointments to
2 the authority in such number and from lists submitted as follows: at
3 least two members shall be appointed to the authority from a list of not
4 less than four names, submitted to the governor by local and statewide
5 transit advocacy organizations. The members shall be residents of a
6 county described in paragraph (a) of this subdivision. The members
7 shall be appointed for a term of five years. If a vacancy shall occur
8 for these member positions, a replacement shall be appointed within six
9 months.
10 § 3. Section 1299-bb of the public authorities law is amended by
11 adding two new subdivisions 25 and 26 to read as follows:
12 25. "Transit dependent" shall mean an individual who is limited to
13 public transit as their primary mode of transportation because the indi-
14 vidual, (a) has no means of private transportation; (b) is elderly (over
15 age 65); (c) is a youth (under age 18); or (d) lives below the poverty
16 or median income levels as defined by the U.S. Census Bureau.
17 26. "Para-transit dependent" shall mean an individual who is limited
18 to public transit as their primary mode of transportation and who has
19 either a permanent or temporary disability.
20 § 4. Subdivision 1 of section 1299-dd of the public authorities law,
21 as amended by chapter 388 of the laws of 2007, is amended to read as
22 follows:
23 1. (a) There is hereby created the Rochester-Genesee regional trans-
24 portation authority. The authority shall be a body corporate and politic
25 constituting a public benefit corporation. It shall consist of at least
26 one member from each county that elects to join the authority except
27 that the county of Monroe shall have seven members of whom three shall
28 be appointed from the city of Rochester and four at large from the coun-
29 ty of Monroe and shall have one non-voting member as described in para-
30 graph (b) of this subdivision, at least one shall be appointed as a
31 representative of the transit dependent community and at least one shall
32 be appointed as a representative of the para-transit dependent communi-
33 ty, as described in paragraph (c) of this subdivision. The members
34 shall be appointed by the governor by and with the advice and consent of
35 the senate. The governor shall make initial appointments to the authori-
36 ty in such number and from lists submitted as follows: three members
37 shall be appointed to the authority from a list of not less than six
38 names, all of whom must be residents of the city of Rochester, submitted
39 to the governor by the council of the city of Rochester; four persons
40 from a list of not less than eight persons, all of whom must be resi-
41 dents of the county of Monroe submitted by the legislature of the county
42 of Monroe. Other counties electing to participate shall each submit to
43 the governor a list of not less than two persons for each one hundred
44 thousand or major fraction of the total population, as determined by the
45 last federal decennial or federal county-wide special census. From the
46 counties outside the county of Monroe which shall elect to participate,
47 the governor shall appoint one member for each one hundred thousand or
48 major fraction of the total population, as determined by the last feder-
49 al decennial or federal county-wide special census, with a minimum of
50 one member to represent each county outside the county of Monroe so
51 electing to participate. All members of the authority shall be residents
52 of the area from which they are nominated.
53 (b) There shall also be one non-voting member of the authority, which
54 shall not be considered in determining a quorum. The non-voting member
55 shall be recommended to the governor by the labor organization repres-
56 enting the plurality of the employees within the authority and shall be
S. 5106--A 4
1 a resident of the Rochester-Genesee regional transportation district as
2 described in section twelve hundred ninety-nine-cc of this title. The
3 non-voting member shall be appointed for a term of five years, provided,
4 however, that if at any time during the term of appointment the non-vot-
5 ing member ceases to be affiliated with the labor organization repres-
6 enting the plurality of employees within the authority, then such labor
7 organization may at any time during such term recommend a new member to
8 the governor who shall serve the remainder of the term. If the local
9 bargaining unit decertifies its existing union affiliation and certifies
10 a new union, the union which represents the plurality of the employees
11 may recommend a new member to the governor who shall serve the remainder
12 of the term. The chairman of the authority, at his or her discretion,
13 may exclude such non-voting member from attending any portion of a meet-
14 ing of the authority or of any committee held for the purpose of
15 discussing negotiations with labor organizations, pending litigation
16 involving the labor organization, or the investigation, evaluation, or
17 discipline of an employee.
18 (c) There shall be at least two members of the authority appointed by
19 the governor as representatives of the transit dependent and para-tran-
20 sit dependent community. The governor shall make initial appointments to
21 the authority in such number and from lists submitted as follows: at
22 least two members shall be appointed to the authority from a list of not
23 less than four names, submitted to the governor by local and statewide
24 transit advocacy organizations. The members shall be residents of a
25 county described in paragraph (a) of this subdivision. The members
26 shall be appointed for a term of five years. If a vacancy shall occur
27 for these member positions, a replacement shall be appointed within six
28 months.
29 § 5. Section 1301 of the public authorities law is amended by adding
30 two new subdivisions 26 and 27 to read as follows:
31 26. "Transit dependent" shall mean an individual who is limited to
32 public transit as their primary mode of transportation because the indi-
33 vidual, (a) has no means of private transportation; (b) is elderly (over
34 age 65); (c) is a youth (under age 18); or (d) lives below the poverty
35 or median income levels as defined by the U.S. Census Bureau.
36 27. "Para-transit dependent" shall mean an individual who is limited
37 to public transit as their primary mode of transportation and who has
38 either a permanent or temporary disability.
39 § 6. Subdivision 1 of section 1303 of the public authorities law, as
40 amended by chapter 388 of the laws of 2007, is amended to read as
41 follows:
42 1. (a) There is hereby created the Capital District transportation
43 authority. The authority shall be a body corporate and politic consti-
44 tuting a public benefit corporation. It shall consist of not less than
45 eight nor more than fifteen members, including a chairman and shall have
46 one non-voting member as described in paragraph (b) of this subdivision,
47 at least one shall be appointed as a representative of the transit
48 dependent community and at least one shall be appointed as a represen-
49 tative of the para-transit dependent community, as described in para-
50 graph (c) of this subdivision. The members shall be appointed by the
51 governor by and with the advice and consent of the senate. The governor
52 shall make initial appointments to the authority in such number and from
53 lists submitted as follows: three members shall be appointed to the
54 authority from a list of six names, all of whom shall be residents of
55 the county of Albany, four of which names shall be submitted to the
56 governor by the majority party of the legislature of the county of Alba-
S. 5106--A 5
1 ny and two of which names shall be submitted by the minority party of
2 such legislature; two members shall be appointed to the authority from a
3 list of four names, all of whom shall be residents of the county of
4 Schenectady, three of which names shall be submitted to the governor by
5 the majority party of the legislature of the county of Schenectady and
6 one of which names shall be submitted by the minority party of such
7 legislature; two members shall be appointed to the authority from a list
8 of four names, all of whom shall be residents of the county of Rensse-
9 laer, three of which names shall be submitted to the governor by the
10 majority party of the legislature of the county of Rensselaer and one of
11 which names shall be submitted by the minority party of such legisla-
12 ture; two members shall be appointed to the authority from a list of
13 four names, all of whom shall be residents of the county of Saratoga,
14 three of which names shall be submitted to the governor by the majority
15 party of the legislature of the county of Saratoga and one of which
16 names shall be submitted by the minority party of such legislature.
17 Other counties electing to participate shall each submit to the governor
18 a list of two persons each of whom shall be a resident of such county,
19 one of which names shall be submitted to the governor by the majority
20 party of the legislature of such county and one of which names shall be
21 submitted by the minority party of such legislature, from which number
22 the governor shall appoint one member for each such county so electing
23 to participate.
24 (b) There shall also be one non-voting member of the authority, which
25 shall not be considered in determining a quorum. The non-voting member
26 shall be recommended to the governor by the labor organization repres-
27 enting the plurality of the employees within the authority and shall be
28 a resident of the Capital District transportation district as described
29 in section thirteen hundred two of this title. The non-voting member
30 shall be appointed for a term of five years, provided, however, that if
31 at any time during the term of appointment the non-voting member ceases
32 to be affiliated with the labor organization representing the plurality
33 of employees within the authority, then such labor organization may at
34 any time during such term recommend a new member to the governor who
35 shall serve the remainder of the term. If the local bargaining unit
36 decertifies its existing union affiliation and certifies a new union,
37 the union which represents the plurality of the employees may recommend
38 a new member to the governor who shall serve the remainder of the term.
39 The chairman of the authority, at his or her discretion, may exclude
40 such non-voting member from attending any portion of a meeting of the
41 authority or of any committee held for the purpose of discussing negoti-
42 ations with labor organizations, pending litigation involving the labor
43 organization, or the investigation, evaluation, or discipline of an
44 employee.
45 (c) There shall be at least two members of the authority appointed by
46 the governor as representatives of the transit dependent and para-tran-
47 sit dependent community. The governor shall make initial appointments to
48 the authority in such number and from lists submitted as follows: at
49 least two members shall be appointed to the authority from a list of not
50 less than four names, submitted to the governor by local and statewide
51 transit advocacy organizations. The members shall be residents of a
52 county described in paragraph (a) of this subdivision. The members
53 shall be appointed for a term of five years. If a vacancy shall occur
54 for these member positions, a replacement shall be appointed within six
55 months.
S. 5106--A 6
1 § 7. Section 1326 of the public authorities law is amended by adding
2 two new subdivisions 26 and 27 to read as follows:
3 26. "Transit dependent" shall mean an individual who is limited to
4 public transit as their primary mode of transportation because the indi-
5 vidual, (a) has no means of private transportation; (b) is elderly (over
6 age 65); (c) is a youth (under age 18); or (d) lives below the poverty
7 or median income levels as defined by the U.S. Census Bureau.
8 27. "Para-transit dependent" shall mean an individual who is limited
9 to public transit as their primary mode of transportation and who has
10 either a permanent or temporary disability.
11 § 8. Subdivision 1 of section 1328 of the public authorities law, as
12 separately amended by chapters 388 and 396 of the laws of 2007, is
13 amended to read as follows:
14 1. (a) There is hereby created the central New York regional transpor-
15 tation authority. The authority shall be a body corporate and politic
16 constituting a public benefit corporation. It shall consist of not more
17 than twelve members, including a chairman and shall have one non-voting
18 member as described in paragraph (b) of this subdivision, at least one
19 shall be appointed as a representative of the transit dependent communi-
20 ty and at least one shall be appointed as a representative of the para-
21 transit dependent community, as described in paragraph (c) of this
22 subdivision. The members shall be appointed by the governor by and with
23 the advice and consent of the senate. The governor shall make initial
24 appointments to the authority in such number and from lists submitted as
25 follows: three members shall be appointed to the authority from a list
26 of not less than six names, submitted to the governor by the common
27 council of the city of Syracuse, five persons from a list of not less
28 than ten names, submitted by the legislature of the county of Onondaga
29 and two members shall be appointed from a list of not less than four
30 names submitted by the legislature of the county of Oneida. Other coun-
31 ties electing to participate shall each submit to the governor a list of
32 not less than two persons for each one hundred thousand or major frac-
33 tion of the total population, as determined by the nineteen hundred
34 seventy or any subsequent federal decennial or federal county-wide
35 special census, of the counties outside the county of Onondaga which
36 shall elect to participate, from which number the governor shall appoint
37 one member for each one hundred thousand or major fraction of the total
38 population, as determined by such federal decennial or federal county-
39 wide special census, with a maximum of three members to represent such
40 counties outside the county of Onondaga so electing to participate.
41 (b) There shall also be one non-voting member of the authority, which
42 shall not be considered in determining a quorum. The non-voting member
43 shall be recommended to the governor by the labor organization repres-
44 enting the plurality of the employees within the authority. The non-vot-
45 ing member shall be appointed for a term of seven years, provided,
46 however, that if at any time during the term of appointment the non-vot-
47 ing member ceases to be affiliated with the labor organization repres-
48 enting the plurality of employees within the authority, then such labor
49 organization may at any time during such term recommend a new member to
50 the governor who shall serve the remainder of the term. If the local
51 bargaining unit decertifies its existing union affiliation and certifies
52 a new union, the union which represents the plurality of the employees
53 may recommend a new member to the governor who shall serve the remainder
54 of the term. The chairman of the authority, at his or her discretion,
55 may exclude such non-voting member from attending any portion of a meet-
56 ing of the authority or of any committee held for the purpose of
S. 5106--A 7
1 discussing negotiations with labor organizations, pending litigation
2 involving the labor organization, or the investigation, evaluation, or
3 discipline of an employee.
4 (c) There shall be at least two members of the authority appointed by
5 the governor as representatives of the transit dependent and para-tran-
6 sit dependent community. The governor shall make initial appointments to
7 the authority in such number and from lists submitted as follows: at
8 least two members shall be appointed to the authority from a list of not
9 less than four names, submitted to the governor by local and statewide
10 transit advocacy organizations. The members shall be residents of a
11 county described in paragraph (a) of this subdivision. The members
12 shall be appointed for a term of five years. If a vacancy shall occur
13 for these member positions, a replacement shall be appointed within six
14 months.
15 § 9. This act shall take effect on the ninetieth day after it shall
16 have become a law.