Bill Text: NY A05277 | 2025-2026 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2025-02-12 - referred to transportation [A05277 Detail]

Download: New_York-2025-A05277-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5277

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 12, 2025
                                       ___________

        Introduced  by  M.  of A. STERN, LAVINE, DURSO, FITZPATRICK -- read once
          and referred to the Committee on Transportation

        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 chair of the metropolitan transportation authority;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02736-02-5

        A. 5277                             2

     1    (d) the commissioner of the New York state department  of  transporta-
     2  tion; and
     3    (e) the chair of the Long Island regional planning council.
     4    3.  The foregoing representation of the participating units of govern-
     5  ment is not intended to indicate a proportional or  any  other  kind  of
     6  weighting  for  voting  purposes and such representation shall remain in
     7  effect only as long as committee decisions are reached by  consensus  as
     8  defined in this act.
     9    4.  Advisory, non-voting membership on the committee shall include the
    10  federal  highway  administration,  urban  mass  transportation  adminis-
    11  tration, United States environmental protection agency, and the New York
    12  state department of environmental conservation.
    13    5.  Members  of the committee may be represented by designated substi-
    14  tutes. Such designation shall be in writing  to  the  secretary  of  the
    15  committee.
    16    §  3. Officers. 1. Executives of each county shall serve as the perma-
    17  nent co-chairs of  the  committee  with  functional  responsibility  for
    18  committee operations.
    19    2.  The  transportation  coordinating  committee  shall elect officers
    20  according to its bylaws or operating procedures,  except  that  the  New
    21  York  state  department  of  transportation  shall  perform  secretarial
    22  services for the transportation coordinating committee.
    23    § 4. Voting by consensus. All  actions  taken  by  the  Nassau-Suffolk
    24  transportation coordinating committee shall be by majority vote.
    25    § 5. Central staff. To meet areawide transportation planning needs and
    26  to  provide  centralized  services  to  the  transportation coordinating
    27  committee a central staff, and a staff director appointed by the commit-
    28  tee from a list provided by the permanent co-chair. The  staff  director
    29  shall be accountable to the committee for results of that portion of the
    30  transportation  planning  program assigned to the central staff, and for
    31  the economy and efficiency of the  central  staff  operation.    Central
    32  staff  activities  shall be limited to transportation and transportation
    33  related matters and may include:
    34    1. data collection, monitoring and analysis;
    35    2. demographic analysis and forecasting;
    36    3. strategic transportation planning;
    37    4. regional transportation systems planning;
    38    5. travel simulation and modelling and other  technical  planning  and
    39  planning services;
    40    6. mapping services;
    41    7. administrative services including contract administration; and
    42    8. special studies of regional significance.
    43    §  6.  Unified planning work program. 1. The committee shall establish
    44  goals, objectives, criteria, and standards for the development  of  work
    45  programs for the use of federal and other planning funds.
    46    2.  The  unified  planning  work  program shall comprise the following
    47  major work elements:
    48    (a) central staff;
    49    (b) transportation coordinating committee staff;
    50    (c) subregional pass through;
    51    (d) transit operators planning program; and
    52    (e) special studies.
    53    3. (a) The work program of the central staff shall be determined annu-
    54  ally by the committee.
    55    (b) A method for distributing  funds  for  special  studies  shall  be
    56  determined annually by the committee.

        A. 5277                             3

     1    §  7.  Application for urban mass transportation funds. 1. The depart-
     2  ment of transportation shall, on behalf of the committee, make  applica-
     3  tion  annually  to  the  urban mass transportation administration and to
     4  other federal agencies as may be appropriate, for funds to  support  the
     5  committee's  planning  program. The department shall make such funds, as
     6  well as funds received from the federal highway  administration,  avail-
     7  able  to  the  committee for its decision on their use and distribution.
     8  The department shall be the  urban  mass  transportation  administration
     9  grant  applicant  for  the  central  staff,  transportation coordinating
    10  committee staff, and subregional  pass  through  work  elements  of  the
    11  unified  planning work program. Applicants for urban mass transportation
    12  administration grants to support  the  transit  operators  planning  and
    13  special  studies  work  elements  shall  be  determined  annually in the
    14  unified planning work program.
    15    2. The committee shall authorize the department of transportation  and
    16  others  as appropriate, to accept on behalf of the committee, the trans-
    17  fer of current grants that have been awarded to the committee.
    18    § 8. Funding. 1. For the program year starting July 1, 2026, the allo-
    19  cation of funds to be made for the above major program  elements  except
    20  for special studies, shall be determined by the committee.
    21    2.  For  the  program  year  starting  July  1, 2026 twenty-five, pass
    22  through funds shall be made available to each county  in  proportion  to
    23  its 2020 population.
    24    §  9.  Transportation plans. 1. The committee shall develop and review
    25  annually  areawide  transportation  goals  and  objectives,  considering
    26  federal and state policies and requirements.
    27    2.  The  committee shall develop and review and update as necessary, a
    28  transportation plan, consisting of long-range and short-range  elements,
    29  including transportation systems management components.
    30    3.  The  committee  shall  examine and endorse the plan as meeting the
    31  requirements of 23 CFR 450 and 49 CFR 613.
    32    § 10. Transportation  improvement  program.  1.  The  committee  shall
    33  develop  and  update  annually  a  transportation improvement program in
    34  cooperation with state and local officials, regional and  local  transit
    35  operators,  recipients  authorized  under section five of the Urban Mass
    36  Transportation Act (49 USC 1604), and with  input  from  other  affected
    37  transportation  and  regional  and local planning and implementing agen-
    38  cies.  The transportation improvement program shall consist of  improve-
    39  ments  recommended  from  the short-range and long-range elements of the
    40  transportation plan developed under this act, and continuing or  special
    41  planning studies.
    42    2.  The  committee  shall  incorporate  the transportation improvement
    43  program annually into an areawide  transportation  improvement  program,
    44  including  projects  of  a  regional  nature recommended by the program,
    45  finance, and administration committee as initiated pursuant to title  IX
    46  of  chapter one of the United States code, and shall endorse the program
    47  as meeting the requirements of 23 CFR 450 and 49 CFR 613.
    48    § 11. Program, finance and administration committee. 1. The  committee
    49  shall  establish  a program, finance and administration committee, to be
    50  composed of staff representatives of the New York  state  department  of
    51  transportation, the metropolitan transportation authority, and one to be
    52  appointed  by each Suffolk and Nassau counties. The central staff direc-
    53  tor shall serve as secretary to the committee.
    54    2. The program, finance and administration committee shall be  respon-
    55  sible  for overseeing day-to-day operations of the metropolitan planning
    56  organization, including the following activities:

        A. 5277                             4

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

        A. 5277                             5

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

        A. 5277                             6

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