Bill Text: NY A02289 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public authorities law, in relation to the non-voting members on the boards of the Triborough bridge and tunnel authority, the New York city transit authority and the metropolitan transportation authority
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-06 - referred to corporations, authorities and commissions [A02289 Detail]
Download: New_York-2009-A02289-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2289
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the non-vot-
ing members on the boards of the Triborough bridge and tunnel authori-
ty, the New York city transit authority and the metropolitan transpor-
tation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 2 of section 552 of the public authori-
2 ties law, subdivision 1 as amended by chapter 766 of the laws of 2005
3 and subdivision 2 as amended by section 1 of part O of chapter 61 of the
4 laws of 2000, are amended to read as follows:
5 1. A board, to be known as "Triborough bridge and tunnel authority" is
6 hereby created. Such board shall be a body corporate and politic consti-
7 tuting a public benefit corporation. It shall consist of seventeen
8 VOTING members AND THREE NON-VOTING MEMBERS, all serving ex officio.
9 Those members shall be the persons who from time to time shall hold the
10 offices of chairman and members of metropolitan transportation authori-
11 ty. The chairman of such board shall be the chairman of metropolitan
12 transportation authority, serving ex officio, and the executive director
13 of the authority shall be the executive director of the metropolitan
14 transportation authority, serving ex officio. The executive director
15 shall be empowered to delegate his or her function and power to appoint,
16 discipline and remove officers and employees to the executive officer of
17 the Triborough bridge and tunnel authority or to such person as may
18 succeed to the powers and duties of said executive officer. The chairman
19 and other members of the board hereby created, and the executive direc-
20 tor, shall not be entitled to compensation for their services hereunder
21 but shall be entitled to reimbursement for their actual and necessary
22 expenses incurred in the performance of their official duties.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05406-01-9
A. 2289 2
1 2. A majority of the whole number of VOTING members of the authority
2 then in office shall constitute a quorum for the transaction of any
3 business or the exercise of any power of the authority. Except as other-
4 wise specified in this title for the transaction of any business or the
5 exercise of any power of the authority, the authority shall have the
6 power to act by a majority vote of the VOTING members present at any
7 meeting at which a quorum is in attendance and except further, that in
8 the event of a tie vote the chairman shall cast one additional vote. For
9 the purposes of the voting and quorum requirements of this subdivision,
10 the voting and quorum requirements set forth in subdivision three of
11 section twelve hundred sixty-three of this chapter and in any by-law of
12 the metropolitan transportation authority adopted pursuant to the
13 provisions of such subdivision shall be applicable hereto. Such board
14 and its corporate existence shall continue only for a period of five
15 years and thereafter until all its liabilities have been met and its
16 bonds, notes and other obligations have been paid in full or such
17 liabilities or bonds, notes or other obligations have otherwise been
18 discharged, including bonds, notes or other obligations issued by the
19 metropolitan transportation authority that are payable in whole or in
20 part by revenues of the authority. When all liabilities incurred by the
21 authority of every kind and character have been met and all its bonds,
22 notes and other obligations have been paid in full, including bonds,
23 notes or other obligations issued by the metropolitan transportation
24 authority that are payable in whole or in part by revenues of the
25 authority, or such liabilities or bonds, notes or other obligations have
26 otherwise been discharged, all rights and properties of the authority
27 shall pass to and be vested in the city, except those rights and proper-
28 ties held by it relating to the convention center which shall pass to
29 and be vested in the state. The authority shall retain full jurisdiction
30 and control over all its projects, with the right and duty, subject to
31 the limitations of subdivision nine of section five hundred fifty-two-a
32 of this title, to charge tolls and collect revenues therefrom, for the
33 benefit of the holders of any of its bonds, notes or other obligations
34 or other liabilities, even if not issued or incurred in connection with
35 the project. Upon the authority's ceasing to exist all its remaining
36 rights and properties shall pass to the city, except those rights and
37 properties held by it relating to the convention center which shall pass
38 to the state.
39 S 2. Subdivision 1 of section 1201 of the public authorities law, as
40 amended by chapter 929 of the laws of 1986, is amended to read as
41 follows:
42 1. A board, to be known as "New York City Transit Authority" is hereby
43 created. Such board shall be a body corporate and politic constituting a
44 public benefit corporation. It shall consist of seventeen VOTING members
45 AND THREE NON-VOTING MEMBERS, all serving ex officio. Those members
46 shall be the persons who from time to time shall hold the offices of
47 chairman and members of metropolitan transportation authority.
48 S 3. Subdivision 5 of section 1201 of the public authorities law, as
49 amended by chapter 929 of the laws of 1986, is amended to read as
50 follows:
51 5. A majority of the whole number of VOTING members of the authority
52 then in office shall constitute a quorum for the transaction of any
53 business or the exercise of any power of the authority. Except as
54 otherwise specified in this title, for the transaction of any business
55 or the exercise of any power of the authority, the authority shall have
56 the power to act by a majority vote of the VOTING members present at any
A. 2289 3
1 meeting at which a quorum is in attendance. In the event of a tie vote
2 the chairman shall cast one additional vote. For the purposes of the
3 voting and quorum requirements of this subdivision, the voting and
4 quorum requirements set forth in subdivision three of section twelve
5 hundred sixty-three of this article and in any by-law of the metropol-
6 itan transportation authority adopted pursuant to the provisions of such
7 subdivision shall be applicable hereto.
8 S 4. Subdivision 5 of section 1205 of the public authorities law, as
9 added by chapter 930 of the laws of 1977, is amended to read as follows:
10 5. Any complete or partial closing of a passenger station within the
11 city of New York, or any means of public access to such facility, except
12 for purposes of repair or renovation or in case of emergency shall be
13 accomplished only if approved by resolution of the authority adopted by
14 not less than a majority of the whole number of VOTING members of the
15 authority then in office, and only after a public hearing. Such hearing
16 shall be held not less than thirty days after notice of such proposed
17 closing has been given to, and comments solicited from, the community
18 board as established pursuant to section [eighty-four] TWENTY-EIGHT
19 HUNDRED of the New York city charter whose area of jurisdiction includes
20 the station proposed to be closed or otherwise affected.
21 S 5. Subdivision 2 of section 1209 of the public authorities law, as
22 amended by chapter 494 of the laws of 1990, is amended to read as
23 follows:
24 2. Any purchase contract, including but not limited to contracts for
25 the purchase of equipment, materials or supplies, the estimated cost of
26 which exceeds the sum of ten thousand dollars, shall be made by the
27 authority only upon public letting founded on sealed bids, except in a
28 case where the authority, by resolution, declares the existence of an
29 emergency or the existence of other circumstances making competitive
30 bidding impracticable or inappropriate, except in no instance other than
31 in circumstances such as described in paragraph (g) [hereof] OF THIS
32 SUBDIVISION, shall the authority declare that competitive bidding is
33 inappropriate with respect to purchase contracts for omnibuses. In each
34 instance when the authority declares competitive bidding inappropriate
35 it shall state the reasons therefor. Competitive bidding may be declared
36 inappropriate by the authority in instances (a) where the item to be
37 purchased is available only from a single source; or (b) where profes-
38 sional engineering or architectural services are solicited; or (c) where
39 only a single bid is received in response to an invitation for compet-
40 itive bids; or (d) where the authority has chosen to standardize a
41 component on the basis of compatibility or maintenance reliability; or
42 (e) where the apparent low bidder is declared by the authority to be not
43 qualified to perform the terms of the contract; or (f) where the author-
44 ity wishes to experiment with or test a new product or technology or
45 evaluate the service or reliability of a new source for a particular
46 product or component; or (g) where the authority by a vote of two-thirds
47 of its VOTING members then in office determines that its prior experi-
48 ence with a potential source or contractor has been such as to require,
49 in the public interest, that such source or contractor not be considered
50 eligible to bid and that after the elimination of said source or
51 contractor from the bidding process there would effectively remain only
52 a single source for the item to be purchased and the authority purchases
53 the item from such source; or (h) where the authority by a two-thirds
54 vote of its VOTING members determines, on the basis of its analysis of
55 the competitive situation among potential sources for the item to be
56 purchased, is such that it is in the public interest to encourage new
A. 2289 4
1 sources of manufacture or supply by awarding a contract by negotiation
2 and without competitive bidding. Notice of the invitation for such
3 bidding shall state the time and place of the receipt and opening of
4 bids and shall be published in the city record in five successive issues
5 at least ten days preceding such opening. The authority may reject all
6 such bids and readvertise for new bids if it shall deem it for the
7 public interest so to do. If not, it shall award the contract to the
8 lowest responsible bidder unless the authority, by unanimous vote, shall
9 determine that it is for the public interest that a bid other than that
10 of the lowest responsible bidder shall be accepted.
11 S 6. Subdivision 4 of section 1209 of the public authorities law, as
12 added by chapter 430 of the laws of 1983 and paragraph (a) as amended by
13 chapter 725 of the laws of 1993, is amended to read as follows:
14 4. Notwithstanding the provisions of subdivision two of this section,
15 a contract for the purchase of omnibuses or components of omnibuses in
16 furtherance or implementation of a capital program plan approved pursu-
17 ant to section twelve hundred sixty-nine-b of this article may also be
18 awarded by the authority by negotiation without competitive bidding
19 provided the following standards and procedures are complied with:
20 (a) The authority, by a vote of not less than two-thirds of its VOTING
21 members then in office, shall issue a notice of intention to solicit
22 competitive offerings to furnish omnibuses or components thereof, and to
23 negotiate the conditions of a final purchase award. Such notice shall be
24 published in at least one newspaper of general circulation, and a copy
25 thereof shall be mailed to all known vendors of such omnibuses or compo-
26 nents. Such notice shall describe or identify the omnibuses or partic-
27 ular components so to be purchased, the factors subject to negotiation,
28 insofar as practicable prior to such negotiation, the form and content
29 of the response, and any other matter which the authority deems rele-
30 vant. The factors subject to negotiation shall include, but need not be
31 limited to, financing, cost, delivery schedules, and performance of all
32 or a portion of the contract at sites within the state of New York or
33 using goods produced and services provided with the state of New York.
34 Such notice shall require a respondent to submit as part of the response
35 and in such detail as the authority may require, information relating to
36 the experience of the respondent on the basis of which said respondent
37 purports to be qualified to fulfill a contract relating to the subject
38 matter and including the factors identified in the notice.
39 (b) The authority shall evaluate the responses to such notice, and
40 shall negotiate with those respondents whose responses comply with all
41 the requirements set forth in the notice, including the qualification
42 requirements.
43 (c) A public hearing shall be held by the authority upon not less than
44 fifteen days notice. Such notice shall state the purpose of the hearing,
45 and shall be published in at least one newspaper of general circulation
46 and shall be mailed to all vendors from whom offers to negotiate were
47 received. At such hearing, summaries of all final offers received and of
48 all negotiations shall be presented. Public comment shall be heard with
49 respect to such offers and negotiations after which the authority by a
50 vote of not less than eleven of its VOTING members, shall resolve, on
51 the basis of particularized findings relevant to the factors negotiated,
52 that the award of the contract on the basis of negotiation for the
53 purchase of omnibuses or any components thereof will result in savings
54 or other benefits to the authority, and that such award is in the public
55 interest.
A. 2289 5
1 In no event, however, shall the authority award a contract for omni-
2 buses to a manufacturer whose final offer, as expressed in unit cost per
3 omnibus, is more than ten [per cent] PERCENT higher than the unit cost
4 of any qualified competing final offer, if the sole basis for such award
5 is that the higher priced offer includes more favorable provision for
6 the performance of the contract within the state of New York or the use
7 of goods produced or services provided within the state of New York.
8 Provided, however, the authority's directors to award a contract to any
9 manufacturer shall not be so limited if a basis for such award, as
10 determined by the authority, is superior financing, delivery schedule,
11 life cycle cost, reliability, or any other factor the authority deems
12 relevant to its operation.
13 As soon as practicable after the adoption of such resolution, the
14 authority shall file such resolution and the contract which is the
15 subject thereof with the New York state public authorities control
16 board, created by section fifty of this chapter, and with the individual
17 members thereof. The authority shall provide the public authorities
18 control board with any information concerning the decision to award the
19 contract as such board may request, including, but not limited to
20 financing, delivery schedule, life cycle cost, and reliability of the
21 omnibus offers made by all manufacturers competing for the award. No
22 such contract shall be awarded by the authority if within fifteen days
23 following such filing the public authorities control board has disap-
24 proved the award of such contract; provided, however, if the contract is
25 not approved by the board within the fifteen day period and no individ-
26 ual member of the board has certified to the authority in writing of his
27 disapproval within such period, the contract shall be deemed to have
28 been approved.
29 (d) The notice provided in paragraph (c) of this subdivision shall not
30 be issued until forty-five days after issuance of the notice of inten-
31 tion to negotiate referred to in paragraph (a) of this subdivision.
32 S 7. Paragraph (a) of subdivision 5 of section 1209 of the public
33 authorities law, as added by chapter 383 of the laws of 1985, is amended
34 to read as follows:
35 (a) Notwithstanding that funds of the authority may be used therefor,
36 a contract for all or a portion of work involving the alteration, expan-
37 sion or rehabilitation of a passenger station may be awarded by the
38 authority, by negotiation without competitive bidding, to a private
39 entity or the designee of a private entity where the authority by vote
40 of not less than eleven of its VOTING members approves written findings
41 that such award is expected to permit the alteration, expansion or reha-
42 bilitation to be carried out in the most efficient and cost effective
43 manner, that such private entity has agreed to pay at least one million
44 dollars toward the cost of the work, that such payment represents not
45 less than fifty percent of the total cost of the work, and that the
46 authority has complied with the procedures provided in paragraph (b) of
47 this subdivision. Notwithstanding the foregoing, a contract for all or a
48 portion of work involving the alteration, expansion or rehabilitation of
49 the passenger station located at the western terminus of the forty-sec-
50 ond street shuttle may be awarded by the authority, by negotiation with-
51 out competitive bidding, to a private entity or the designee of a
52 private entity where the authority by vote of not less than eleven of
53 its VOTING members approves written findings that such award is expected
54 to permit the alteration, expansion or rehabilitation to be carried out
55 in the most efficient and cost effective manner, and that the authority
A. 2289 6
1 has complied with the procedures provided in paragraph (b) of this
2 subdivision.
3 S 8. Subdivision 9 of section 1209 of the public authorities law, as
4 added by chapter 929 of the laws of 1986 and subparagraph (i) of para-
5 graph (g) as amended by chapter 725 of the laws of 1993, is amended to
6 read as follows:
7 9. Notwithstanding the foregoing, the authority may, by resolution
8 approved by a two-thirds vote of its VOTING members then in office or by
9 a majority vote of its VOTING members with respect to contracts proposed
10 to be let pursuant to paragraph (a) of this subdivision, declare that
11 competitive bidding is impractical or inappropriate because of the
12 existence of any of the circumstances hereinafter set forth and there-
13 after the authority may proceed to award contracts without complying
14 with the requirements of subdivision seven or eight of this section. In
15 each case where the authority declares competitive bidding impractical
16 or inappropriate, it shall state the reason therefor in writing and
17 summarize any negotiations that have been conducted. Except for
18 contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of this
19 subdivision, the authority shall not award any contract pursuant to this
20 subdivision earlier than thirty days from the date on which the authori-
21 ty declares that competitive bidding is impractical or inappropriate.
22 Competitive bidding may only be declared impractical or inappropriate
23 where:
24 (a) the existence of an emergency involving danger to life, safety or
25 property requires immediate action and cannot await competitive bidding
26 or the item to be purchased is essential to efficient operation or the
27 adequate provision of service and as a consequence of an unforeseen
28 circumstance such purchase cannot await competitive bidding;
29 (b) the item to be purchased is available only from a single responsi-
30 ble source, provided that if bids have not been solicited for such item
31 pursuant to subdivision seven of this section within the preceding
32 twelve months, public notice shall first be given pursuant to subdivi-
33 sion eight of this section;
34 (c) the authority receives no responsive bids or only a single respon-
35 sive bid in response to an invitation for competitive bids;
36 (d) the authority wishes to experiment with or test a product or tech-
37 nology or new source for such product or technology or evaluate the
38 service or reliability of such product or technology;
39 (e) the item is available through an existing contract between a
40 vendor and (i) another public authority provided that such other author-
41 ity utilized a process of competitive bidding or a process of compet-
42 itive requests for proposals to award such contract or (ii) the state of
43 New York or the city of New York, provided that in any case when the
44 authority under this paragraph determines that obtaining such item
45 thereby would be in the public interest and sets forth the reasons for
46 such determination. The authority shall accept sole responsibility for
47 any payment due the vendor as a result of the authority's order; or
48 (f) the authority determines that it is in the public interest to
49 award contracts pursuant to a process for competitive request for
50 proposals as hereinafter set forth. For purposes of this section, a
51 process for competitive request for proposals shall mean a method of
52 soliciting proposals and awarding a contract on the basis of a formal
53 evaluation of the characteristics, such as quality, cost, delivery sche-
54 dule and financing of such proposals against stated selection criteria.
55 Public notice of the requests for proposals shall be given in the same
56 manner as provided in subdivision eight of this section and shall
A. 2289 7
1 include the selection criteria. In the event the authority makes a mate-
2 rial change in the selection criteria from those previously stated in
3 the notice, it will inform all proposers of such change and permit
4 proposers to modify their proposals.
5 (i) The authority may award a contract pursuant to this paragraph only
6 after a resolution approved by a two-thirds vote of its VOTING members
7 then in office at a public meeting of the authority with such resolution
8 (A) disclosing the other proposers and the substance of their proposals,
9 (B) summarizing the negotiation process including the opportunities, if
10 any, available to proposers to present and modify their proposals, and
11 (C) setting forth the criteria upon which the selection was made.
12 (ii) Nothing in this paragraph shall require or preclude (A) negoti-
13 ations with any proposers following the receipt of responses to the
14 request for proposals, or (B) the rejection of any or all proposals at
15 any time. Upon the rejection of all proposals, the authority may solic-
16 it new proposals or bids in any manner prescribed in this section.
17 (g) the authority issues a competitive request for proposals pursuant
18 to the procedures of paragraph (f) of this subdivision for the purchase
19 or rehabilitation of rapid transit cars and omnibuses. Any such request
20 may include among the stated selection criteria the performance of all
21 or a portion of the contract at sites within the state of New York or
22 the use of goods produced or services provided within the state of New
23 York, provided however that in no event shall the authority award a
24 contract to a manufacturer whose final offer, as expressed in unit cost
25 is more than ten percent higher than the unit cost of any qualified
26 competing final offer, if the sole basis for such award is that the
27 higher priced offer includes more favorable provision for the perform-
28 ance of the contract within the state of New York or the use of goods
29 produced or services provided within the state of New York, and further
30 provided that the authority's discretion to award a contract to any
31 manufacturer shall not be so limited if a basis for such award, as
32 determined by the authority, is superior financing, delivery schedule,
33 life cycle, reliability, or any other factor the authority deems rele-
34 vant to its operations.
35 (i) The authority may award a contract pursuant to this paragraph only
36 after a resolution approved by a vote of not less than two-thirds of its
37 VOTING members then in office at a public meeting of the authority with
38 such resolution (A) disclosing the other proposers and the substance of
39 their proposals, (B) summarizing the negotiation process including the
40 opportunities, if any, available to proposers to present and modify
41 their proposals, and (C) setting forth the criteria upon which the
42 selection was made.
43 (ii) Nothing in this paragraph shall require or preclude (A) negoti-
44 ations with any proposers following the receipt of responses to the
45 request for proposals, or (B) the rejection of any or all proposals at
46 any time. Upon the rejection of all proposals, the authority may solic-
47 it new proposals or bids in any manner prescribed in this section.
48 S 9. Subparagraph 2 of paragraph (a) of subdivision 1 of section 1263
49 of the public authorities law, as amended by chapter 549 of the laws of
50 1994, is amended to read as follows:
51 (2) There shall be [two] THREE non-voting members and four alternate
52 non-voting members of the authority, as referred to in subparagraph one
53 of this paragraph.
54 The first non-voting member shall be a regular mass transit user of
55 the facilities of the authority and be recommended to the governor by
56 the New York city transit authority advisory council. The first alter-
A. 2289 8
1 nate non-voting member shall be a regular mass transit user of the
2 facilities of the authority and be recommended to the governor by the
3 Metro-North commuter council. The second alternate non-voting member
4 shall be a regular mass transit user of the facilities of the authority
5 and be recommended to the governor by the Long Island Rail Road
6 commuter's council.
7 The second non-voting member shall be recommended to the governor by
8 the labor organization representing the majority of employees of the
9 Long Island Rail Road. The third alternate non-voting member shall be
10 recommended to the governor by the labor organization representing the
11 majority of employees of the New York city transit authority. The fourth
12 alternate non-voting member shall be recommended to the governor by the
13 labor organization representing the majority of employees of the Metro-
14 North Commuter Railroad Company. THE THIRD NON-VOTING MEMBER SHALL BE
15 RECOMMENDED TO THE GOVERNOR BY THE LABOR ORGANIZATION REPRESENTING THE
16 MAJORITY OF EMPLOYEES OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. IN
17 THE EVENT NO SINGLE LABOR ORGANIZATION REPRESENTS THE MAJORITY OF
18 EMPLOYEES OF EITHER THE LONG ISLAND RAIL ROAD, THE NEW YORK CITY TRANSIT
19 AUTHORITY, THE METRO-NORTH COMMUTER RAILROAD COMPANY OR THE TRIBOROUGH
20 BRIDGE AND TUNNEL AUTHORITY, THE REPRESENTATIVES FROM THE LABOR ORGAN-
21 IZATIONS WHICH TOGETHER REPRESENT A MAJORITY OF THE EMPLOYEES OF EACH OF
22 THOSE ENTITIES SHALL AGREE UPON AND RECOMMEND TO THE GOVERNOR A NON-VOT-
23 ING MEMBER OR ALTERNATE NON-VOTING MEMBER, AS THE CASE MAY BE. The
24 chairman of the authority, at his direction, may exclude such non-voting
25 member or alternate non-voting member from attending any portion of a
26 meeting of the authority or of any committee established pursuant to
27 paragraph (b) of subdivision four of this section held for the purpose
28 of discussing negotiations with labor organizations.
29 The non-voting member and the two alternate non-voting members repres-
30 enting the New York [York] city transit authority advisory council, the
31 Metro-North commuter council, and the Long Island Rail Road commuter's
32 council shall serve eighteen month rotating terms, after which time an
33 alternate non-voting member shall become the non-voting member and the
34 rotation shall continue until each alternate member has served at least
35 one eighteen month term as a non-voting member. The other non-voting
36 member and alternate non-voting members representing the New York city
37 transit authority, Metro-North Commuter Railroad Company, and the Long
38 Island Rail Road labor organizations shall serve eighteen month rotating
39 terms, after which time an alternate non-voting member shall become the
40 non-voting member and the rotation shall continue until each alternate
41 member has served at least one eighteen month term as a non-voting
42 member. THE NON-VOTING MEMBER REPRESENTING THE TRIBOROUGH BRIDGE AND
43 TUNNEL AUTHORITY SHALL SERVE AN EIGHTEEN MONTH TERM. The transit author-
44 ity and the commuter railroads shall not be represented concurrently by
45 the two non-voting members during any such eighteen month period.
46 S 10. Paragraph (a) of subdivision 1 of section 1263 of the public
47 authorities law is amended by adding a new subparagraph 3 to read as
48 follows:
49 (3) THE NON-VOTING MEMBERS AND THE ALTERNATE NON-VOTING MEMBERS
50 APPOINTED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS OF
51 SECTIONS SEVENTY-THREE-A AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
52 S 11. Paragraphs (a) and (b) of subdivision 3 of section 1263 of the
53 public authorities law, paragraph (a) as amended by chapter 929 of the
54 laws of 1986 and paragraph (b) as amended by chapter 14 of the laws of
55 2006, are amended to read as follows:
A. 2289 9
1 (a) A majority of the whole number of VOTING members of the authority
2 then in office shall constitute a quorum for the transaction of any
3 business or the exercise of any power of the authority. Except as other-
4 wise specified in this title, for the transaction of any business or the
5 exercise of any power of the authority, the authority shall have power
6 to act by a majority vote of the VOTING members present at any meeting
7 at which a quorum is in attendance and except further, that in the event
8 of a tie vote the chairman shall cast one additional vote.
9 (b) For purposes of determining the presence of a quorum, and for
10 purposes of participation on any committee or subcommittee, those
11 members who collectively cast a single vote pursuant to the provisions
12 of paragraph (a) of subdivision one of this section shall be considered
13 to be a single VOTING member, and the presence of such VOTING member
14 shall be determined as provided in this subdivision. Except as other-
15 wise provided in a by-law adopted as hereinafter provided, such single
16 member constituting those members entitled to a collective vote shall be
17 deemed present as a single member for purposes of a quorum if one or
18 more of the members then in office entitled to cast such collective vote
19 is present, and such collective vote shall be cast in accordance with
20 the majority agreement of the members entitled to a collective vote who
21 are present or in the event a single member entitled to a collective
22 vote is present it shall be cast by that member. To evidence the exist-
23 ence of such majority agreement among the members entitled to a collec-
24 tive vote, each such member shall be polled as to his vote and such poll
25 shall be recorded in the minutes. In the event a majority vote is not
26 achieved by the members entitled to a collective vote who are present,
27 then the vote shall not be cast. Nothing herein shall limit the right of
28 an individual member to participate in board meetings or in other activ-
29 ities of the authority when the other members then in office entitled to
30 collectively cast a vote are not present. At any meeting of the authori-
31 ty at which there is a quorum including all the members then in office
32 entitled to cast a collective vote, the authority may adopt a by-law or
33 by-laws regulating the casting of such collective vote, provided all
34 members then in office entitled to cast a collective vote affirmatively
35 approve such by-law or by-laws. Any action taken by the authority in
36 accordance with any such by-law or by-laws adopted pursuant to the
37 provisions of this paragraph shall take effect in the same manner as any
38 other action of the authority. Any such by-law or by-laws shall not
39 provide for the casting of any fractional vote. Nor shall such a by-law
40 or by-laws provide for the amendment, repeal or adoption in the future
41 of such a by-law or by-laws in a manner other than that set forth in
42 this paragraph.
43 S 12. Subdivision 4 of section 1265-a of the public authorities law,
44 as added by chapter 929 of the laws of 1986 and subparagraph (i) of
45 paragraph (g) as amended by chapter 256 of the laws of 1998, is amended
46 to read as follows:
47 4. Notwithstanding the foregoing, the authority may, by resolution
48 approved by a two-thirds vote of its VOTING members then in office, or
49 by a majority vote of its VOTING members with respect to contracts
50 proposed to be let pursuant to paragraph (a) of this subdivision
51 declare that competitive bidding is impractical or inappropriate because
52 of the existence of any of the circumstances hereinafter set forth and
53 thereafter the authority may proceed to award contracts without comply-
54 ing with the requirements of subdivision two or three of this section.
55 In each case where the authority declares competitive bidding impracti-
56 cal or inappropriate, it shall state the reason therefor in writing and
A. 2289 10
1 summarize any negotiations that have been conducted. Except for
2 contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of this
3 subdivision, the authority shall not award any contract pursuant to this
4 subdivision earlier than thirty days from the date on which the authori-
5 ty declares that competitive bidding is impractical or inappropriate.
6 Competitive bidding may only be declared impractical or inappropriate
7 where:
8 (a) the existence of an emergency involving danger to life, safety or
9 property requires immediate action and cannot await competitive bidding
10 or the item to be purchased is essential to efficient operation or the
11 adequate provision of service and as a consequence of unforeseen circum-
12 stance such purchase cannot await competitive bidding;
13 (b) the item to be purchased is available only from a single responsi-
14 ble source, provided that if bids have not been solicited for such item
15 pursuant to subdivision two of this section within the preceding twelve
16 months public notice shall first be given pursuant to subdivision three
17 of this section;
18 (c) the authority receives no responsive bids or only a single respon-
19 sive bid in response to an invitation for competitive bids;
20 (d) the authority wishes to experiment with or test a product or tech-
21 nology or new source for such product or technology or evaluate the
22 service or reliability of such product or technology;
23 (e) the item is available through an existing contract between a
24 vendor and (i) another public authority provided that such other author-
25 ity utilized a process of competitive bidding or a process of compet-
26 itive requests for proposals to award such contracts or (ii) Nassau
27 county, or (iii) the state of New York or (iv) the city of New York,
28 provided that in any case when under this paragraph the authority deter-
29 mines that obtaining such item thereby would be in the public interest
30 and sets forth the reasons for such determination. The authority shall
31 accept sole responsibility for any payment due the vendor as a result of
32 the authority's order; or
33 (f) the authority determines that it is in the public interest to
34 award contracts pursuant to a process for competitive requests for
35 proposals as hereinafter set forth. For purposes of this section, a
36 process for competitive requests for proposals shall mean a method of
37 soliciting proposals and awarding a contract on the basis of a formal
38 evaluation of the characteristics, such as quality, cost, delivery sche-
39 dule and financing of such proposals against stated selection criteria.
40 Public notice of the requests for proposals shall be given in the same
41 manner as provided in subdivision three of this section and shall
42 include the selection criteria. In the event the authority makes a mate-
43 rial change in the selection criteria from those previously stated in
44 the notice, it will inform all proposers of such change and permit
45 proposers to modify their proposals.
46 (i) The authority may award a contract pursuant to this paragraph only
47 after a resolution approved by a two-thirds vote of its VOTING members
48 then in office at a public meeting of the authority with such resolution
49 (A) disclosing the other proposers and the substance of their proposals,
50 (B) summarizing the negotiation process including the opportunities, if
51 any, available to proposers to present and modify their proposals, and
52 (C) setting forth the criteria upon which the selection was made.
53 (ii) Nothing in this paragraph shall require or preclude (A) negoti-
54 ations with any proposers following the receipt of responses to the
55 request for proposals, or (B) the rejection of any or all proposals at
A. 2289 11
1 any time. Upon the rejection of all proposals, the authority may solicit
2 new proposals or bids in any manner prescribed in this section.
3 (g) the authority issues a competitive request for proposals pursuant
4 to the procedures of paragraph (f) of this subdivision for the purchase
5 or rehabilitation of rail cars and omnibuses. Any such request may
6 include among the stated selection criteria the performance of all or a
7 portion of the contract at sites within the state of New York or the use
8 of goods produced or services provided within the state of New York,
9 provided however that in no event shall the authority award a contract
10 to a manufacturer whose final offer, as expressed in unit cost is more
11 than ten percent higher than the unit cost of any qualified competing
12 final offer, if the sole basis for such award is that the higher priced
13 offer includes more favorable provision for the performance of the
14 contract within the state of New York or the use of goods produced or
15 services provided within the state of New York, and further provided
16 that the authority's discretion to award a contract to any manufacturer
17 shall not be so limited if a basis for such award, as determined by the
18 authority, is superior financing, delivery schedule, life cycle, reli-
19 ability, or any other factor the authority deems relevant to its oper-
20 ations.
21 (i) The authority may award a contract pursuant to this paragraph only
22 after a resolution approved by a vote of not less than a two-thirds vote
23 of its VOTING members then in office at a public meeting of the authori-
24 ty with such resolution (A) disclosing the other proposers and the
25 substance of their proposals, (B) summarizing the negotiation process
26 including the opportunities, if any, available to proposers to present
27 and modify their proposals, and (C) setting forth the criteria upon
28 which the selection was made.
29 (ii) Nothing in this paragraph shall require or preclude (A) negoti-
30 ations with any proposers following the receipt of responses to the
31 request for proposals, or (B) the rejection of any or all proposals at
32 any time. Upon the rejection of all proposals, the authority may solic-
33 it new proposals or bids in any manner prescribed in this section.
34 S 13. Subdivision 1 of section 1266 of the public authorities law, as
35 amended by section 23 of part O of chapter 61 of the laws of 2000, is
36 amended to read as follows:
37 1. The authority may acquire, by purchase, gift, grant, transfer,
38 contract or lease, any transportation facility other than a transit
39 facility or, subject to subdivision two of this section or any transpor-
40 tation facility constituting a transit facility, wholly or partially
41 within the metropolitan commuter transportation district, or any part
42 thereof, or the use thereof, and may enter into any joint service
43 arrangements as hereinafter provided. Any such acquisition or joint
44 service arrangement shall be authorized only by resolution of the
45 authority approved by not less than a majority vote of the whole number
46 of VOTING members of the authority then in office, except that in the
47 event of a tie vote the chairman shall cast one additional vote.
48 S 14. Subdivision 3 of section 1266 of the public authorities law, as
49 amended by chapter 314 of the laws of 1981, is amended to read as
50 follows:
51 3. The authority may establish, levy and collect or cause to be estab-
52 lished, levied and collected and, in the case of a joint service
53 arrangement, join with others in the establishment, levy and collection
54 of such fares, tolls, rentals, rates, charges and other fees as it may
55 deem necessary, convenient or desirable for the use and operation of any
56 transportation facility and related services operated by the authority
A. 2289 12
1 or by a subsidiary corporation of the authority or under contract, lease
2 or other arrangement, including joint service arrangements, with the
3 authority. Any such fares, tolls, rentals, rates, charges or other fees
4 for the transportation of passengers shall be established and changed
5 only if approved by resolution of the authority adopted by not less than
6 a majority vote of the whole number of VOTING members of the authority
7 then in office, with the chairman having one additional vote in the
8 event of a tie vote, and only after a public hearing, provided however,
9 that fares, tolls, rentals, rates, charges or other fees for the trans-
10 portation of passengers on any transportation facility which are in
11 effect at the time that the then owner of such transportation facility
12 becomes a subsidiary corporation of the authority or at the time that
13 operation of such transportation facility is commenced by the authority
14 or is commenced under contract, lease or other arrangement, including
15 joint service arrangements, with the authority may be continued in
16 effect without such a hearing. Such fares, tolls, rentals, rates, charg-
17 es and other fees shall be established as may in the judgment of the
18 authority be necessary to maintain the combined operations of the
19 authority and its subsidiary corporations on a self-sustaining basis.
20 The said operations shall be deemed to be on a self-sustaining basis as
21 required by this title, when the authority is able to pay or cause to be
22 paid from revenue and any other funds or property actually available to
23 the authority and its subsidiary corporations (a) as the same shall
24 become due, the principal of and interest on the bonds and notes and
25 other obligations of the authority and of such subsidiary corporations,
26 together with the maintenance of proper reserves therefor, (b) the cost
27 and expense of keeping the properties and assets of the authority and
28 its subsidiary corporations in good condition and repair, and (c) the
29 capital and operating expenses of the authority and its subsidiary
30 corporations. The authority may contract with the holders of bonds and
31 notes with respect to the exercise of the powers authorized by this
32 section. No acts or activities taken or proposed to be taken by the
33 authority or any subsidiary of the authority pursuant to the provisions
34 of this subdivision shall be deemed to be "actions" for the purposes or
35 within the meaning of article eight of the environmental conservation
36 law.
37 S 15. Subdivision 2 of section 1269 of the public authorities law, as
38 amended by section 27 of part O of chapter 61 of the laws of 2000, is
39 amended to read as follows:
40 2. The notes, bonds and other obligations shall be authorized by
41 resolution approved by not less than a majority vote of the whole number
42 of VOTING members of the authority then in office, except that in the
43 event of a tie vote the chairman shall cast one additional vote. Such
44 notes, bonds and other obligations shall bear such date or dates, and
45 shall mature at such time or times, in the case of any such note or any
46 renewals thereof not exceeding five years from the date of issue of such
47 original note, and in the case of any such bond not exceeding fifty
48 years from the date of issue, as such resolution or resolutions may
49 provide. The notes, bonds and other obligations shall bear interest at
50 such rate or rates, be in such denominations, be in such form, either
51 coupon or registered, carry such registration privileges, be executed in
52 such manner, be payable in such medium of payment, at such place or
53 places and be subject to such terms of redemption as such resolution or
54 resolutions may provide. The notes, bonds and other obligations of the
55 authority may be sold by the authority, at public or private sale, at
56 such price or prices as the authority shall determine. No notes or bonds
A. 2289 13
1 of the authority may be sold by the authority at private sale, however,
2 unless such sale and the terms thereof have been approved in writing by
3 (a) the comptroller, where such sale is not to the comptroller, or (b)
4 the director of the budget, where such sale is to the comptroller.
5 S 16. This act shall take effect immediately; provided, however, that
6 the amendments to paragraph (a) of subdivision 1 of section 1263 of the
7 public authorities law made by sections nine and ten of this act shall
8 not affect the expiration of such paragraph and shall be deemed to
9 expire therewith.
