Bill Text: NY A00923 | 2023-2024 | General Assembly | Amended

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Bill Title: Increases membership on the board of the metropolitan transportation authority, including members representative of commuters' advisory councils.

Spectrum: Partisan Bill (Democrat 40-0)

Status: (Introduced) 2024-01-24 - print number 923a [A00923 Detail]

Download: New_York-2023-A00923-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         923--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by M. of A. DINOWITZ, STERN, HYNDMAN, EPSTEIN, SIMON, REYES,
          GLICK, WILLIAMS,  CRUZ,  FALL,  RAMOS,  SHRESTHA,  SEPTIMO,  MITAYNES,
          SEAWRIGHT, SIMONE, GALLAGHER, CUNNINGHAM, COLTON -- Multi-Sponsored by
          --  M. of A.  COOK, DE LOS SANTOS, SAYEGH -- read once and referred to
          the Committee on Corporations, Authorities and Commissions  --  recom-
          mitted  to  the Committee on Corporations, Authorities and Commissions
          in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to amend the public authorities law, in relation to enacting  the
          rider representation act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "rider representation act".
     3    §  2.  Paragraph  (a)  of  subdivision 1 of section 1263 of the public
     4  authorities law, as amended by chapter 549 of the laws of 1994, subpara-
     5  graph 1 as amended by chapter 672 of the laws of  2023,  is  amended  to
     6  read as follows:
     7    (a)  (1)  There  is  hereby  created  the "metropolitan transportation
     8  authority."  The authority shall be a body corporate and politic consti-
     9  tuting a public benefit corporation. The authority shall  consist  of  a
    10  chairperson,  [sixteen]  twenty other voting members, and [two] one non-
    11  voting and [four] two alternate  non-voting  members,  as  described  in
    12  subparagraph two of this paragraph appointed by the governor by and with
    13  the  advice  and  consent  of the senate. Any member appointed to a term
    14  commencing on or after June thirtieth,  two  thousand  nine  shall  have
    15  experience in one or more of the following areas: transportation, public
    16  administration, business management, finance, accounting, law, engineer-
    17  ing,  land use, urban and regional planning, management of large capital
    18  projects, labor relations, or have experience  in  some  other  area  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00710-07-4
        A. 923--A                           2

     1  activity  central to the mission of the authority. Four of the [sixteen]
     2  twenty voting members other than the chairperson shall be  appointed  on
     3  the written recommendation of the mayor of the city of New York;  one of
     4  the twenty voting members other than the chairperson  shall be appointed
     5  on  the  written  recommendation  of the New York city transit authority
     6  advisory council; one of the twenty  voting  members  other    than  the
     7  chairperson  shall  be  appointed  on  the written recommendation of the
     8  Metro-North rail commuter council; one  of  the  twenty  voting  members
     9  other than the chairperson shall be appointed on the written recommenda-
    10  tion  of the Long Island Rail Road commuter's council; one of the twenty
    11  voting  members  other  than  the  chairperson shall be appointed on the
    12  written recommendation of the commissioner of the New York city  mayor's
    13  office  for  people  with  disabilities,  as  such  office is defined in
    14  section 22-301 of the New York city administrative code,  provided  that
    15  such  commissioner  shall consult with disability advisory bodies to the
    16  authority and external disability  advocacy  organizations  when  making
    17  such  appointment; and each of seven other voting members other than the
    18  chairperson shall be appointed after selection from a  written  list  of
    19  three  recommendations from the chief executive officer of the county in
    20  which the particular member  is  required  to  reside  pursuant  to  the
    21  provisions  of this subdivision. Of the members appointed on recommenda-
    22  tion of the chief executive officer of a county, one such  member  shall
    23  be,  at the time of appointment, a resident of the county of Nassau, one
    24  a resident of the county of Suffolk, one a resident  of  the  county  of
    25  Westchester, one a resident of the county of Dutchess, one a resident of
    26  the  county  of Orange, one a resident of the county of Putnam and one a
    27  resident of the county of Rockland, provided that the term of any member
    28  who is a resident of a county that has withdrawn from  the  metropolitan
    29  commuter  transportation  district  pursuant  to  section twelve hundred
    30  seventy-nine-b of this title shall terminate upon the effective date  of
    31  such county's withdrawal from such district. Of the five voting members,
    32  other  than the chairperson, appointed by the governor without recommen-
    33  dation from any other person, three shall be, at the  time  of  appoint-
    34  ment, residents of the city of New York and two shall be, at the time of
    35  appointment,  residents  of  such  city  or of any of the aforementioned
    36  counties in the metropolitan commuter transportation district.  Provided
    37  however, notwithstanding the foregoing residency requirement, one of the
    38  five  voting  members  appointed  by the governor without recommendation
    39  from any other person, other than the chairperson, may be  the  director
    40  of the New York state division of the budget, and provided further that,
    41  in  the  event  of such appointment, the budget director's membership in
    42  the authority shall be deemed ex-officio. Provided further, one  of  the
    43  five voting members, other than the chairperson, appointed by the gover-
    44  nor  without  recommendation  by  any  other  person  shall be a transit
    45  dependent individual. A "transit dependent  individual"  shall  mean  an
    46  individual  who  is  limited  to public transit as their primary mode of
    47  transportation  because  the  individual  has  a  permanent  disability,
    48  provided  that  any local or statewide transit advocacy organization may
    49  recommend one or more transit dependent individuals to be considered for
    50  appointment pursuant to this section. The chairperson and  each  of  the
    51  members  shall  be  appointed for a term of six years, provided however,
    52  that the chairperson first appointed shall serve for a term ending  June
    53  thirtieth,  nineteen hundred eighty-one, provided that thirty days after
    54  the effective date of the chapter of the laws of two thousand nine which
    55  amended this subparagraph, the term of  the  chairperson  shall  expire;
    56  provided,  further,  that such chairperson may continue to discharge the
        A. 923--A                           3

     1  duties of [his or her] their office until the position of chairperson is
     2  filled by appointment by the governor upon the advice and consent of the
     3  senate and the term of such new chairperson shall terminate June thirti-
     4  eth,  two  thousand  fifteen. [The sixteen] Sixteen of the other members
     5  first appointed shall serve for the following terms:  The  members  from
     6  the  counties  of  Nassau  and  Westchester  shall each serve for a term
     7  ending June thirtieth, nineteen hundred eighty-five;  the  members  from
     8  the  county of Suffolk and from the counties of Dutchess, Orange, Putnam
     9  and Rockland shall each serve for a term ending June thirtieth, nineteen
    10  hundred ninety-two; two of the members appointed  on  recommendation  of
    11  the  mayor  of  the  city of New York shall each serve for a term ending
    12  June thirtieth, nineteen hundred eighty-four and, two shall  each  serve
    13  for  a  term  ending June thirtieth, nineteen hundred eighty-one; two of
    14  the members appointed by the governor without the recommendation of  any
    15  other person shall each serve for a term ending June thirtieth, nineteen
    16  hundred  eighty-two, two shall each serve for a term ending June thirti-
    17  eth, nineteen hundred eighty and one shall serve for a term ending  June
    18  thirtieth,  nineteen  hundred  eighty-five. [The two non-voting and four
    19  alternate non-voting members shall serve until January first, two  thou-
    20  sand one.] The members from the counties of Dutchess, Orange, Putnam and
    21  Rockland shall cast one collective vote.
    22    (2)  There  shall  be [two] one non-voting [members] member and [four]
    23  two alternate non-voting members of the authority,  as  referred  to  in
    24  subparagraph one of this paragraph.
    25    The  first  non-voting member shall be [a regular mass transit user of
    26  the facilities of the authority and be recommended to  the  governor  by
    27  the  New  York city transit authority advisory council. The first alter-
    28  nate non-voting member shall be a  regular  mass  transit  user  of  the
    29  facilities  of  the  authority and be recommended to the governor by the
    30  Metro-North commuter council. The  second  alternate  non-voting  member
    31  shall  be a regular mass transit user of the facilities of the authority
    32  and be recommended  to  the  governor  by  the  Long  Island  Rail  Road
    33  commuter's council.
    34    The  second non-voting member shall be] recommended to the governor by
    35  the labor organization representing the majority  of  employees  of  the
    36  Long  Island  Rail  Road.  The [third] first alternate non-voting member
    37  shall be recommended to the governor by the labor  organization  repres-
    38  enting the majority of employees of the New York city transit authority.
    39  The  [fourth] second alternate non-voting member shall be recommended to
    40  the governor by the labor  organization  representing  the  majority  of
    41  employees  of  the Metro-North Commuter Railroad Company. The [chairman]
    42  chairperson of the authority, at  [his]  their  direction,  may  exclude
    43  [such] any non-voting member or alternate non-voting member from attend-
    44  ing any portion of a meeting of the authority or of any committee estab-
    45  lished  pursuant  to  paragraph  (b) of subdivision four of this section
    46  held for the purpose of discussing  negotiations  with  labor  organiza-
    47  tions.
    48    [The  non-voting  member  and  the  two  alternate  non-voting members
    49  representing the New York York city transit authority advisory  council,
    50  the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
    51  commuter's council shall serve  eighteen  month  rotating  terms,  after
    52  which  time  an  alternate non-voting member shall become the non-voting
    53  member and the rotation shall continue until each alternate  member  has
    54  served  at  least  one  eighteen month term as a non-voting member.] The
    55  [other] non-voting member and alternate non-voting members  representing
    56  the  New  York  city  transit  authority,  Metro-North Commuter Railroad
        A. 923--A                           4

     1  Company, and the Long Island Rail Road labor organizations  shall  serve
     2  eighteen  month rotating terms, after which time an alternate non-voting
     3  member shall become the non-voting member and the rotation shall contin-
     4  ue  until  each  alternate member has served at least one eighteen month
     5  term as a non-voting member. [The transit  authority  and  the  commuter
     6  railroads  shall  not  be represented concurrently by the two non-voting
     7  members during any such eighteen month period.]
     8    § 3. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
     9  authorities  law, as amended by section 2 of part E of chapter 39 of the
    10  laws of 2019, is amended to read as follows:
    11    (a) There is hereby created the "metropolitan transportation  authori-
    12  ty."  The authority shall be a body corporate and politic constituting a
    13  public benefit corporation. The authority shall consist of a  [chairman]
    14  chairperson and [sixteen] twenty other members appointed by the governor
    15  by  and  with the advice and consent of the senate. Any member appointed
    16  to a term commencing on or after June thirtieth, two thousand nine shall
    17  have experience in one or more of  the  following  areas  of  expertise:
    18  transportation,  public  administration,  business  management, finance,
    19  accounting, law, engineering, land use,  urban  and  regional  planning,
    20  management  of  large capital projects, labor relations, or have experi-
    21  ence in some other area of  activity  central  to  the  mission  of  the
    22  authority.  Four  of the [sixteen] twenty members other than the [chair-
    23  man] chairperson shall be appointed on the written recommendation of the
    24  mayor of the city of New York; one of the twenty  voting  members  other
    25  than the chairperson shall be appointed on the written recommendation of
    26  the  New York city transit authority advisory council; one of the twenty
    27  voting members other than the chairperson  shall  be  appointed  on  the
    28  written  recommendation of the Metro-North rail commuter council; one of
    29  the twenty voting members other than the chairperson shall be  appointed
    30  on  the  written  recommendation of the Long Island Rail Road commuter's
    31  council; one of the twenty voting members  other  than  the  chairperson
    32  shall  be appointed on the written recommendation of the commissioner of
    33  the New York city mayor's office for people with disabilities,  as  such
    34  office is defined in section 22-1301 of the New York city administrative
    35  code,  provided  that  such  commissioner  shall consult with disability
    36  advisory bodies to the authority and external disability advocacy organ-
    37  izations when making such appointment; and each of seven  other  members
    38  other than the [chairman] chairperson shall be appointed after selection
    39  from  a  written  list of three recommendations from the chief executive
    40  officer of the county in which the  particular  member  is  required  to
    41  reside  pursuant  to  the provisions of this subdivision. Of the members
    42  appointed on recommendation of the chief executive officer of a  county,
    43  one  such member shall be, at the time of appointment, a resident of the
    44  county of Nassau; one a resident of the county of Suffolk; one  a  resi-
    45  dent  of  the county of Westchester; and one a resident of the county of
    46  Dutchess, one a resident of the county of Orange, one a resident of  the
    47  county  of Putnam and one a resident of the county of Rockland, provided
    48  that the term of any member who is a resident of a county that has with-
    49  drawn from the metropolitan commuter transportation district pursuant to
    50  section twelve hundred seventy-nine-b of this title shall terminate upon
    51  the effective date of such county's withdrawal from  such  district.  Of
    52  the  five  members,  other than the [chairman] chairperson, appointed by
    53  the governor without recommendation from any other person,  three  shall
    54  be,  at  the  time of appointment, residents of the city of New York and
    55  two shall be, at the time of appointment, residents of such city  or  of
    56  any  of  the aforementioned counties in the metropolitan commuter trans-
        A. 923--A                           5

     1  portation district.  Provided  however,  notwithstanding  the  foregoing
     2  residency  requirement,  one of the five voting members appointed by the
     3  governor without recommendation from any other person,  other  than  the
     4  [chairman]  chairperson, may be the director of the New York state divi-
     5  sion of the budget, and provided further that,  in  the  event  of  such
     6  appointment,  the budget director's membership in the authority shall be
     7  deemed ex-officio.  The [chairman] chairperson and each of  the  members
     8  shall  be  appointed for a term of six years, provided however, that the
     9  [chairman] chairperson first appointed shall serve  for  a  term  ending
    10  June  thirtieth,  nineteen hundred eighty-one, provided that thirty days
    11  after the effective date of the chapter of the laws of two thousand nine
    12  which amended this paragraph, the term  of  the  [chairman]  chairperson
    13  shall  expire;  provided,  further, that such [chairman] chairperson may
    14  continue to discharge the duties of [his] their office until  the  posi-
    15  tion  of [chairman] chairperson is filled by appointment by the governor
    16  upon the advice and consent of the senate  and  the  term  of  such  new
    17  [chairman]  chairperson  shall  terminate  June  thirtieth, two thousand
    18  fifteen. [The sixteen] Sixteen of  the  other  members  first  appointed
    19  shall  serve  for  the following terms: The members from the counties of
    20  Nassau and Westchester shall each serve for a term ending  June  thirti-
    21  eth,  nineteen  hundred  eighty-five;  the  members  from  the county of
    22  Suffolk and from the counties of Dutchess, Orange, Putnam  and  Rockland
    23  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
    24  ninety-two; two of the members appointed on recommendation of the  mayor
    25  of  the city of New York shall each serve for a term ending June thirti-
    26  eth, nineteen hundred eighty-four and, two shall each serve for  a  term
    27  ending  June  thirtieth, nineteen hundred eighty-one; two of the members
    28  appointed by the governor without the recommendation of any other person
    29  shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
    30  eighty-two, two shall each serve for a term ending June thirtieth, nine-
    31  teen  hundred  eighty and one shall serve for a term ending June thirti-
    32  eth, nineteen hundred eighty-five. The  members  from  the  counties  of
    33  Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
    34    §  4.  Paragraph  (c)  of  subdivision 1 of section 1263 of the public
    35  authorities law, as added by section 3 of subpart B of part ZZZ of chap-
    36  ter 59 of the laws of 2019, is amended to read as follows:
    37    (c) (i) Notwithstanding any inconsistent provision  of  this  section,
    38  the  term  of  any voting member shall expire upon the expiration of the
    39  term in office being served by the county elected  official  upon  whose
    40  recommendation  they  were  appointed;  provided,  however, that in such
    41  circumstance such member may serve as a  holdover  appointee  for  sixty
    42  days,  or  until  such  time  as a new member is appointed, whichever is
    43  less. The term of any  member  appointed  to  replace  such  a  holdover
    44  appointee  shall  expire  at the end of the term in office of the county
    45  elected official upon whose recommendation such member was appointed. If
    46  a county elected official leaves office because of  death,  resignation,
    47  removal  or disability, however, a member appointed upon such official's
    48  recommendation shall continue to serve until such time  as  such  county
    49  elected  office is filled, at which time such member will become a hold-
    50  over appointee and may serve for sixty days, or until such time as a new
    51  member is appointed, whichever is less.
    52    (ii) Notwithstanding any inconsistent provision of this  section,  the
    53  term  of  any  [chairman]  chairperson or any voting member shall expire
    54  upon the expiration of the term in office being served by  the  city  or
    55  state  elected  official  upon whose recommendation they were appointed;
    56  provided, however, that in such circumstance the [chairman]  chairperson
        A. 923--A                           6

     1  or  such  member  may serve as a holdover appointee until such time as a
     2  new [chairman] chairperson or member  is  appointed.  The  term  of  any
     3  [chairman]  chairperson  or  member appointed to replace such a holdover
     4  appointee  shall  expire at the end of the term in office of the city or
     5  state elected official upon whose recommendation such [chairman]  chair-
     6  person or member was appointed.
     7    (iii)  Notwithstanding any inconsistent provision of this section, the
     8  term of the voting member appointed on the written recommendation of the
     9  commissioner of the New York city mayor's office for people  with  disa-
    10  bilities  shall  expire  upon the expiration of the term in office being
    11  served by the mayor of the city of New York; provided, however, that  in
    12  such  circumstance  such  member  may  serve as a holdover appointee for
    13  sixty days, or until such time as a new member is  appointed,  whichever
    14  is  sooner.  The  term  of any member appointed to replace such holdover
    15  appointee shall expire at the end of the term in office of the mayor  of
    16  the city of New York.
    17    (iv)  The  provisions  of this paragraph shall not apply to the voting
    18  members appointed on the written recommendations of the  New  York  city
    19  transit  authority advisory council, the Metro-North rail commuter coun-
    20  cil, the Long Island Rail Road commuter's council, as described in para-
    21  graph (a) of subdivision one of this section.
    22    § 5. Subdivision 2 of section 1263 of the public authorities  law,  as
    23  amended  by  chapter  55  of  the  laws  of  1992, is amended to read as
    24  follows:
    25    2. The [chairman] chairperson and the  first  vice  [chairman]  chair-
    26  person shall be paid a salary in the amount determined by the authority;
    27  the other members shall not receive a salary or other compensation. Each
    28  member,  including the [chairman] chairperson and the first vice [chair-
    29  man] chairperson, shall be entitled  to  reimbursement  for  actual  and
    30  necessary  expenses  incurred  in  the performance of [his or her] their
    31  official duties.
    32    § 6. Paragraph (a) of subdivision 4 of  section  1263  of  the  public
    33  authorities  law,  as  amended  by  chapter  506 of the laws of 2009, is
    34  amended to read as follows:
    35    (a) Notwithstanding any provision of law to the contrary, the  [chair-
    36  man]  chairperson  shall be the chief executive officer of the authority
    37  and shall be responsible for the discharge of the executive and adminis-
    38  trative functions and powers of the  authority.  The  [chairman]  chair-
    39  person  may  appoint  an executive director and such other officials and
    40  employees as shall in [his or her] their judgment be needed to discharge
    41  the executive and administrative functions and powers of the authority.
    42    § 7. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
    43  authorities  law,  as amended by section 1 of chapter 425 of the laws of
    44  2018, is amended to read as follows:
    45    (b) The [chairman] chairperson shall establish  committees  to  assist
    46  [him]  them  in  the performance of [his] their duties and shall appoint
    47  members of the authority to  such  committees.  Among  such  committees,
    48  there  shall  be  a committee on operations of the New York city transit
    49  authority, the Manhattan and Bronx surface transit  operating  authority
    50  and  the Staten Island rapid transit operating authority; a committee on
    51  operations of the Long Island Rail Road and  the  metropolitan  suburban
    52  bus  authority;  a  committee  on operations of the Metro-North commuter
    53  railroad; a committee on operations of the Triborough bridge and  tunnel
    54  authority;  a committee on finance; a committee on capital program over-
    55  sight; and a committee on safety. In addition to such appointed members,
    56  each of the [non-voting] members recommended by the New York city trans-
        A. 923--A                           7

     1  it authority advisory council, the Metro-North  rail  commuter  council,
     2  and the Long Island Rail Road commuter's council referred to in [subpar-
     3  agraph  two  of]  paragraph (a) of subdivision one of this section shall
     4  serve  on  the  committee on capital program oversight, the committee on
     5  finance, the committee on safety, the committee  on  operations  of  the
     6  Triborough  bridge  and  tunnel  authority, and the operations committee
     7  relevant to the commuter council  that  recommended  such  member.  [The
     8  alternate  non-voting  members  shall each serve on the respective oper-
     9  ations committee relevant to the commuter council that recommended  each
    10  member.] The committee on capital program oversight and the committee on
    11  safety  shall include not less than three members, and shall include the
    12  chairpersons of the committee on operations of the New York city transit
    13  authority, the Manhattan and Bronx surface transit  operating  authority
    14  and  the  Staten Island rapid transit operating authority, the committee
    15  on operations of the Long Island Rail Road and the metropolitan suburban
    16  bus authority, and the committee on operations of the Metro-North commu-
    17  ter railroad. The committee on safety shall convene at least once  annu-
    18  ally  and  each committee chairperson, that is a member of the committee
    19  on safety, shall report to the committee on safety any  and  all  initi-
    20  atives, concerns, improvements, or failures involving the safety of: (1)
    21  customers;  (2)  employees;  and (3) the public at large, in relation to
    22  authority facilities and services. The capital program committee  shall,
    23  with  respect  to  any  approved  or proposed capital program plans, (i)
    24  monitor the current and future availability of funds to be utilized  for
    25  such  plans  approved  or  proposed  to be submitted to the metropolitan
    26  transportation capital program  review  board  as  provided  in  section
    27  twelve  hundred  sixty-nine-b  of  this title; (ii) monitor the contract
    28  awards of the metropolitan transportation authority  and  the  New  York
    29  city  transit  authority  to insure that such awards are consistent with
    30  (A) provisions of law authorizing United States  content  and  New  York
    31  state  content;  (B) collective bargaining agreements; (C) provisions of
    32  law providing for participation by minority and women-owned  businesses;
    33  (D)  New  York  state  labor  laws; (E) competitive bidding requirements
    34  including those regarding sole source contracts; and (F) any other rele-
    35  vant requirements  established  by  law;  (iii)  monitor  the  award  of
    36  contracts  to determine if such awards are consistent with the manner in
    37  which the work was traditionally performed in the past provided,  howev-
    38  er,  that  any such determination shall not be admissible as evidence in
    39  any arbitration or judicial proceeding;  (iv)  review  the  relationship
    40  between  capital expenditures pursuant to each such capital program plan
    41  and current and future operating budget requirements;  (v)  monitor  the
    42  progress  of  capital  elements  described  in each capital program plan
    43  approved as provided in section  twelve  hundred  sixty-nine-b  of  this
    44  title;  (vi)  monitor  the  expenditures incurred and to be incurred for
    45  each such element; and (vii) identify capital elements  not  progressing
    46  on  schedule,  ascertain  responsibility  therefor  and  recommend those
    47  actions required or appropriate to accelerate their implementation.  The
    48  capital  program  committee shall issue a quarterly report on its activ-
    49  ities and findings, and shall in connection with the preparation of such
    50  quarterly report, consult with the state division  of  the  budget,  the
    51  state  department  of  transportation,  the  members of the metropolitan
    52  transportation authority capital program review  board,  and  any  other
    53  group  the committee deems relevant, including public employee organiza-
    54  tions, and, at least annually, with a nationally recognized  independent
    55  transit  engineering  firm.  Such  report shall be made available to the
    56  members of the authority, to the members of the metropolitan transporta-
        A. 923--A                           8

     1  tion authority capital program review board, and the  directors  of  the
     2  municipal assistance corporation for the city of New York.
     3    §  8.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
     4  authorities law, as amended by section 2 of chapter 425 of the  laws  of
     5  2018, is amended to read as follows:
     6    (b)  The  [chairman]  chairperson shall establish committees to assist
     7  [him] them in the performance of [his] their duties  and  shall  appoint
     8  members  of  the  authority  to  such committees. Among such committees,
     9  there shall be a committee on operations of the New  York  city  transit
    10  authority,  the  Manhattan and Bronx surface transit operating authority
    11  and the Staten Island rapid transit operating authority; a committee  on
    12  operations  of  the  Long Island Rail Road and the metropolitan suburban
    13  bus authority; a committee on operations  of  the  Metro-North  commuter
    14  railroad;  a committee on operations of the Triborough bridge and tunnel
    15  authority; a committee on finance; a committee on capital program  over-
    16  sight; and a committee on safety. The committee on capital program over-
    17  sight  shall  include  not less than four members, and shall include the
    18  chairpersons of the committee on operations of the New York city transit
    19  authority, the Manhattan and Bronx surface transit  operating  authority
    20  and  the  Staten Island rapid transit operating authority, the committee
    21  on operations of the Long Island Rail Road and the metropolitan suburban
    22  bus authority, the committee on operations of the  Metro-North  commuter
    23  railroad,  and  the  committee  on safety. The committee on safety shall
    24  convene at least once annually and each committee chairperson, that is a
    25  member of the committee on safety, shall  report  to  the  committee  on
    26  safety  any  and  all  initiatives,  concerns, improvements, or failures
    27  involving the safety of: (1)  customers;  (2)  employees;  and  (3)  the
    28  public  at  large, in relation to authority facilities and services. The
    29  capital program  committee  shall,  with  respect  to  any  approved  or
    30  proposed  capital  program  plans,  (i)  monitor  the current and future
    31  availability of funds to be utilized for such plans approved or proposed
    32  to be submitted  to  the  metropolitan  transportation  capital  program
    33  review  board as provided in section twelve hundred sixty-nine-b of this
    34  title; (ii) monitor the contract awards of the metropolitan  transporta-
    35  tion  authority  and  the New York city transit authority to insure that
    36  such awards are consistent with (A) provisions of law authorizing United
    37  States content and New York state  content;  (B)  collective  bargaining
    38  agreements; (C) provisions of law providing for participation by minori-
    39  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
    40  competitive bidding requirements including those regarding  sole  source
    41  contracts;  and  (F) any other relevant requirements established by law;
    42  (iii) monitor the award of contracts to determine  if  such  awards  are
    43  consistent with the manner in which the work was traditionally performed
    44  in  the past provided, however, that any such determination shall not be
    45  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
    46  review  the  relationship  between capital expenditures pursuant to each
    47  such capital program  plan  and  current  and  future  operating  budget
    48  requirements;  (v) monitor the progress of capital elements described in
    49  each capital program plan approved as provided in section twelve hundred
    50  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
    51  to  be  incurred  for  each  such  element;  and  (vii) identify capital
    52  elements not progressing on schedule, ascertain responsibility  therefor
    53  and  recommend those actions required or appropriate to accelerate their
    54  implementation. The capital program committee shall  issue  a  quarterly
    55  report  on its activities and findings, and shall in connection with the
    56  preparation of such quarterly report, consult with the state division of
        A. 923--A                           9

     1  the budget, the state department of transportation, the members  of  the
     2  metropolitan  transportation  authority capital program review board and
     3  any other group the committee deems relevant, including public  employee
     4  organizations,  and,  at  least  annually,  with a nationally recognized
     5  independent transit engineering firm. Such report shall be  made  avail-
     6  able to the members of the authority, to the members of the metropolitan
     7  transportation authority capital program review board, and the directors
     8  of the municipal assistance corporation for the city of New York.
     9    §  9.  Paragraphs  (c) and (d) of subdivision 4 of section 1263 of the
    10  public authorities law, paragraph (c) as added by  chapter  247  of  the
    11  laws  of  1990, paragraph (d) as added by section 5 of part H of chapter
    12  25 of the laws of 2009, are amended to read as follows:
    13    (c) The [chairman] chairperson shall ensure that at every  meeting  of
    14  the  board  and  at  every meeting of each committee the public shall be
    15  allotted a period of time, not less than thirty minutes, to speak on any
    16  topic on the agenda.
    17    (d) Notwithstanding paragraph (c) of subdivision one of section  twen-
    18  ty-eight  hundred  twenty-four of this chapter or any other provision of
    19  law to the contrary, the [chairman] chairperson shall not participate in
    20  establishing authority policies regarding the payment of salary, compen-
    21  sation, and reimbursement to, nor  establish  rules  for  the  time  and
    22  attendance of, the chief executive officer. The salary of the [chairman]
    23  chairperson,  as determined pursuant to subdivision two of this section,
    24  shall also be compensation for all services performed as chief executive
    25  officer.
    26    § 10. This act shall take effect immediately; provided that the amend-
    27  ments to paragraph (a) of subdivision 1 of section 1263  of  the  public
    28  authorities  law made by section two of this act shall be subject to the
    29  expiration and reversion of such paragraph  pursuant  to  section  3  of
    30  chapter  549  of  the  laws of 1994, as amended, when upon such date the
    31  provisions of section three of this act shall take effect; and  provided
    32  further that the amendments to paragraph (b) of subdivision 4 of section
    33  1263  of  the  public  authorities law made by section seven of this act
    34  shall be subject to the expiration and  reversion  of  such  subdivision
    35  pursuant  to  section  3 of chapter 549 of the laws of 1994, as amended,
    36  when upon such date the provisions of section eight of  this  act  shall
    37  take effect.