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S09918 Summary:

BILL NOS09918
 
SAME ASSAME AS A10705
 
SPONSORMARTINEZ
 
COSPNSRMARTINS, MATTERA
 
MLTSPNSR
 
 
Designates the Nassau-Suffolk transportation coordinating committee as the metropolitan planning organization for Long Island; provides for the withdrawal of the Nassau-Suffolk coordinating committee from the New York Metropolitan transportation council.
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S09918 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9918
 
                    IN SENATE
 
                                   September 20, 2024
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT relating to designating the Nassau-Suffolk transportation coordi-
          nating committee as the metropolitan planning  organization  for  Long
          Island
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Nassau-Suffolk transportation coordinating  committee.  The
     2  Nassau-Suffolk  transportation  coordinating committee ("the committee")
     3  seeks to withdraw from the New York metropolitan transportation  council
     4  (NYMTC)  formed  in 1982 pursuant to an MOU adopted by its member organ-
     5  izations and approved by the governor and the legislature through resol-
     6  ution. The Nassau-Suffolk transportation coordinating  committee  shall,
     7  upon  passage of this act and approval of the governor, be designated to
     8  act as the metropolitan planning organization for purposes of receipt of
     9  federal transportation assistance for the counties of Nassau and Suffolk
    10  and, in cooperation with the state and publicly owned operators of  mass
    11  transportation services, for carrying out the urban transportation plan-
    12  ning process specified in 23 CFR 450 and 49 CFR 613 and other applicable
    13  federal regulations.
    14    §  2.  Purpose.  1. It is the purpose of this legislation to delineate
    15  the roles and responsibilities and administrative, decision making,  and
    16  staffing  arrangements  for  the  committee  to carry out transportation
    17  planning and programming to continue Nassau and Suffolk counties' quali-
    18  fication for federal transportation assistance.
    19    2. The Nassau-Suffolk transportation coordinating committee is contin-
    20  ued, with voting membership to include:
    21    (a) the Nassau county executive;
    22    (b) the Suffolk county executive;
    23    (c) the chairman of the metropolitan transportation authority; and
    24    (d) the commissioner of the New York state department  of  transporta-
    25  tion.
    26    3.  The foregoing representation of the participating units of govern-
    27  ment is not intended to indicate a proportional or  any  other  kind  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14272-01-4

        S. 9918                             2
 
     1  weighting  for  voting  purposes and such representation shall remain in
     2  effect only as long as committee decisions are reached by  consensus  as
     3  defined in this act.
     4    4.  Advisory, non-voting membership on the committee shall include the
     5  federal  highway  administration,  urban  mass  transportation  adminis-
     6  tration, United States environmental protection agency, and the New York
     7  state department of environmental conservation.
     8    5.  Members  of the committee may be represented by designated substi-
     9  tutes. Such designation shall be in writing  to  the  secretary  of  the
    10  committee.
    11    §  3. Officers. 1. Executives of each county shall serve as the perma-
    12  nent co-chairpersons of the committee with functional responsibility for
    13  committee operations.
    14    2. The transportation  coordinating  committee  shall  elect  officers
    15  according  to  its  bylaws  or operating procedures, except that the New
    16  York  state  department  of  transportation  shall  perform  secretarial
    17  services for the transportation coordinating committee.
    18    §  4.  Voting  by  consensus.  All actions taken by the Nassau-Suffolk
    19  transportation coordinating committee shall be by unanimous vote.
    20    § 5. Central staff. To meet areawide transportation planning needs and
    21  to provide  centralized  services  to  the  transportation  coordinating
    22  committee a central staff, and a staff director appointed by the commit-
    23  tee  from  a  list  provided  by the permanent co-chairperson. The staff
    24  director shall be accountable to  the  committee  for  results  of  that
    25  portion  of  the transportation planning program assigned to the central
    26  staff, and for the economy and efficiency of the  central  staff  opera-
    27  tion.    Central staff activities shall be limited to transportation and
    28  transportation related matters and may include:
    29    1. data collection, monitoring and analysis;
    30    2. demographic analysis and forecasting;
    31    3. strategic transportation planning;
    32    4. regional transportation systems planning;
    33    5. travel simulation and modelling and other  technical  planning  and
    34  planning services;
    35    6. mapping services;
    36    7. administrative services including contract administration; and
    37    8. special studies of regional significance.
    38    §  6.  Unified planning work program. 1. The committee shall establish
    39  goals, objectives, criteria, and standards for the development  of  work
    40  programs for the use of federal and other planning funds.
    41    2.  The  unified  planning  work  program shall comprise the following
    42  major work elements:
    43    (a) central staff;
    44    (b) transportation coordinating committee staff;
    45    (c) subregional pass through;
    46    (d) transit operators planning program; and
    47    (e) special studies.
    48    3. (a) The work program of the central staff shall be determined annu-
    49  ally by the committee.
    50    (b) A method for distributing  funds  for  special  studies  shall  be
    51  determined annually by the committee.
    52    §  7.  Application for urban mass transportation funds. 1. The depart-
    53  ment of transportation shall, on behalf of the committee, make  applica-
    54  tion  annually  to  the  urban mass transportation administration and to
    55  other federal agencies as may be appropriate, for funds to  support  the
    56  committee's  planning  program. The department shall make such funds, as

        S. 9918                             3
 
     1  well as funds received from the federal highway  administration,  avail-
     2  able  to  the  committee for its decision on their use and distribution.
     3  The department shall be the  urban  mass  transportation  administration
     4  grant  applicant  for  the  central  staff,  transportation coordinating
     5  committee staff, and subregional  pass  through  work  elements  of  the
     6  unified  planning work program. Applicants for urban mass transportation
     7  administration grants to support  the  transit  operators  planning  and
     8  special  studies  work  elements  shall  be  determined  annually in the
     9  unified planning work program.
    10    2. The committee shall authorize the department of transportation  and
    11  others  as appropriate, to accept on behalf of the committee, the trans-
    12  fer of current grants that have been awarded to the committee.
    13    § 8. Funding. 1. For the program year starting July first,  two  thou-
    14  sand twenty-five, the allocation of funds to be made for the above major
    15  program  elements except for special studies, shall be determined by the
    16  committee.
    17    2. For the program year starting July first, two thousand twenty-five,
    18  pass through funds shall be made available to each county in  proportion
    19  to its two thousand twenty population.
    20    §  9.  Transportation plans. 1. The committee shall develop and review
    21  annually  areawide  transportation  goals  and  objectives,  considering
    22  federal and state policies and requirements.
    23    2.  The  committee shall develop and review and update as necessary, a
    24  transportation plan, consisting of long-range and short-range  elements,
    25  including transportation systems management components.
    26    3.  The  committee  shall  examine and endorse the plan as meeting the
    27  requirements of 23 CFR 450 and 49 CFR 613.
    28    § 10. Transportation  improvement  program.  1.  The  committee  shall
    29  develop  and  update  annually  a  transportation improvement program in
    30  cooperation with state and local officials, regional and  local  transit
    31  operators,  recipients  authorized  under section five of the Urban Mass
    32  Transportation Act (49 USC 1604), and with  input  from  other  affected
    33  transportation  and  regional  and local planning and implementing agen-
    34  cies.  The transportation improvement program shall consist of  improve-
    35  ments  recommended  from  the short-range and long-range elements of the
    36  transportation plan developed under this act, and continuing or  special
    37  planning studies.
    38    2.  The  committee  shall  incorporate  the transportation improvement
    39  program annually into an areawide  transportation  improvement  program,
    40  including  projects  of  a  regional  nature recommended by the program,
    41  finance, and administration committee as initiated pursuant to title  IX
    42  of  chapter one of the United States code, and shall endorse the program
    43  as meeting the requirements of 23 CFR 450 and 49 CFR 613.
    44    § 11. Program, finance and administration committee. 1. The  committee
    45  shall  establish  a program, finance and administration committee, to be
    46  composed of staff representatives of the New York  state  department  of
    47  transportation, the metropolitan transportation authority, and one to be
    48  appointed  by each Suffolk and Nassau counties. The central staff direc-
    49  tor shall serve as secretary to the committee.
    50    2. The program, finance and administration committee shall be  respon-
    51  sible  for overseeing day-to-day operations of the metropolitan planning
    52  organization, including the following activities:
    53    (a) monitoring and coordinating progress of  the  committee's  unified
    54  planning  work  program  to  assure adherence to budgets and consistency
    55  with federal regulations and local, state and federal objectives, and

        S. 9918                             4
 
     1    (b) minor revisions to budgets and other aspects of the work  program,
     2  as necessary during the program year.
     3    3. The program, finance and administration committee shall, in cooper-
     4  ation with the committee, develop annually a draft unified planning work
     5  program  consistent  with the requirements of 23 CFR 450 and 49 CFR 613,
     6  for recommendation for endorsement by the committee at its annual  meet-
     7  ing. The work program shall include central and subregional staff activ-
     8  ities, committee member activities, and special studies.
     9    4. Upon the initiation by any committee member of a project of region-
    10  wide  significance,  or  changes  to  such  projects, which must receive
    11  metropolitan  planning  organization  endorsement  during  the  interval
    12  between  commmittee  meetings,  the  program, finance and administration
    13  committee shall be authorized to act for the committee to  include  such
    14  project  or  make  such  changes with respect thereto in the committee's
    15  transportation improvement program. To the extent possible  such  trans-
    16  portation  improvement  program  changes  shall  be  recommended  by the
    17  program, finance and administration committee to the  committee  at  its
    18  next meeting.
    19    5.  Upon the endorsement by the committee of a change in its transpor-
    20  tation improvement program, which change must for some reason be  incor-
    21  porated  in  the  transportation program during the interval between the
    22  committee's annual meetings, the  program,  finance  and  administration
    23  committee  shall  be  authorized  to  act for the committee to make such
    24  incorporation and shall  make  such  incorporation,  provided  that  the
    25  change is consistent with plans adopted by the committee.
    26    6. Upon the request of any committee member of a change in the commit-
    27  tee's  unified  planning  work  program, including the program budget or
    28  budgets, which for some reason must receive metropolitan planning organ-
    29  ization endorsement during the interval between committee meetings,  the
    30  program, finance and administration committee shall be authorized to act
    31  for  the  committee  to  make  such  a  change. All actions taken by the
    32  program, finance and administration  committee  concerning  the  unified
    33  planning  work program shall be reported to all committee members within
    34  five working days. Such actions shall be  effective  unless  a  negative
    35  response is received from a committee member within ten working days.
    36    §  12. Coordination with adjacent metropolitan planning organizations.
    37  Within six months from the effective date of  this  act,  the  committee
    38  shall  develop  procedures  for coordinating its plans and programs, and
    39  its planning and programming processes, with adjacent metropolitan plan-
    40  ning organizations in the states of New York, New Jersey, and  Connecti-
    41  cut.  The  committee  shall  appoint a representative to work with these
    42  metropolitan planning organizations and to report back to the  committee
    43  with recommendations on this matter as soon as possible.
    44    §  13.  Meetings  and  agendas.  1. The committee shall have an annual
    45  meeting,  held  each  year  between  January  fifteenth   and   February
    46  fifteenth.  Its business agenda shall include:
    47    (a) Election of chairperson;
    48    (b) Endorsement of a transportation improvement program with an annual
    49  element;
    50    (c) Endorsement of a committee transportation plan;
    51    (d) Other business items requested by any member.
    52    2.  Special  committee  meetings  may  be called at the request of any
    53  member of the committee at any time, upon written request to the  secre-
    54  tary of the committee.
    55    3. The secretary shall be responsible for scheduling all meetings.

        S. 9918                             5

     1    4.  A  quorum  for  any  committee  meeting shall be two-thirds of its
     2  voting members.
     3    §  14.  Central  staff  operation. 1. The department of transportation
     4  shall provide for the financial operations  of  the  central  staff  and
     5  ensure that the central staff activities are in compliance with applica-
     6  ble laws and regulations. The relative responsibilities of the committee
     7  and  the  department  for  the central staff are detailed below.  In all
     8  cases the responsibilities of the committee for the central staff  shall
     9  be  carried out on a day-to-day basis by the program, finance and admin-
    10  istration committee.
    11    2. The committee shall be responsible for:
    12    (a) Program results:
    13    (i) Assuring that the desired  results  or  benefits  of  the  central
    14  staff's  work  are  being  achieved, including that the unified planning
    15  work program activities are on schedule,  of  proper  quality,  and  are
    16  documented and reported on in an appropriate manner.
    17    (ii) Assuring that the urban transportation planning objectives estab-
    18  lished  by  the  federal  regulations and the committee itself are being
    19  met, including that the  unified  planning  work  program  elements  are
    20  responsive  to  federal  planning  requirements  and area transportation
    21  issues and problems.
    22    (b) Economy and efficiency of central staff operation:
    23    (i) Assuring that desired results are achieved at lowest cost, includ-
    24  ing that central staff size, salary levels and other costs are appropri-
    25  ate and planning methods well chosen.
    26    (ii) Assuring that the central staff  is  managing  or  utilizing  its
    27  resources  (personnel, property, space, etc.) in an economical and effi-
    28  cient manner, including that management information systems, administra-
    29  tive procedures, organizational structures and  other  management  tools
    30  are adequate.
    31    (c)  Selecting  consultants to perform activities in the central staff
    32  work program as provided for  in  the  approved  unified  planning  work
    33  program  and  negotiating  professional services agreements, except that
    34  the department shall  be  entitled  to  have  a  representative  in  all
    35  consultant   selection   decisions  and  fee  negotiations  that  affect
    36  contracts held by the department on behalf of the committee;
    37    (d) Approving all required task work  programs  (task  amplifications)
    38  and preparing those required for central staff activities;
    39    (e)  Providing funds for a central staff director and directing him or
    40  her to:
    41    (i) Manage central staff planning activity to ensure continued compli-
    42  ance with federal and state regulations;
    43    (ii) Prepare and maintain work budgets for all central staff  planning
    44  activities and cash flow budgets for central staff operations;
    45    (iii)  Assist  the  department  in establishing acceptable ledgers and
    46  accounting procedures to maintain complete and accurate records pertain-
    47  ing to revenues, expenses, work performed, and cash on hand;
    48    (iv) Assist the department in preparing appropriate  documentation  of
    49  payrolls,  time  records,  grant charges, invoices, vouchers, purchases,
    50  and other expenses in accordance with state and federal requirements;
    51    (v) Assist the department with the establishment  and  maintenance  of
    52  central staff-related accounting records and bookkeeping procedures;
    53    3. The department of transportation shall be responsible for:
    54    (a)  Prefinancing  the central staff operation for the committee prior
    55  to reimbursement;

        S. 9918                             6
 
     1    (b) Employing central staff and  paying  central  staff  salaries  and
     2  fringe benefits;
     3    (c)  Paying  central  staff  operating  expenses  and program costs in
     4  accordance with the approved unified planning work program;
     5    (d) Controlling central  staff  revenues,  expenditures,  assets,  and
     6  liabilities to the extent necessary to meet the department's obligations
     7  with respect to the state funds involved;
     8    (e) Purchasing, receiving, accounts payable, payroll and billings;
     9    (f)  Assuring  that  the central staff operation is in full compliance
    10  with all applicable federal, state,  and  local  laws  and  regulations,
    11  including  that all central staff activities are eligible for reimburse-
    12  ment and that all matching requirements are met.
    13    4. The state shall provide the  non-federal  share  of  central  staff
    14  financing as detailed in the unified planning work programs.
    15    § 15. This act shall take effect immediately.
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