STATE OF NEW YORK
________________________________________________________________________
6770
2019-2020 Regular Sessions
IN ASSEMBLY
March 19, 2019
___________
Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to membership on
the board of the metropolitan transportation authority
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 1263 of the
2 public authorities law, as amended by chapter 549 of the laws of 1994
3 and subparagraph 1 as amended by section 3 of part H of chapter 25 of
4 the laws of 2009, is amended to read as follows:
5 (a) (1) There is hereby created the "metropolitan transportation
6 authority." The authority shall be a body corporate and politic consti-
7 tuting a public benefit corporation. The authority shall consist of a
8 [chairman] chairperson, [sixteen] twenty other voting members, and [two]
9 three non-voting [and four alternate non-voting members], as described
10 in subparagraph two of this paragraph appointed by the governor by and
11 with the advice and consent of the senate. Any member appointed to a
12 term commencing on or after June thirtieth, two thousand nine shall have
13 experience in one or more of the following areas: transportation, public
14 administration, business management, finance, accounting, law, engineer-
15 ing, land use, urban and regional planning, management of large capital
16 projects, labor relations, or have experience in some other area of
17 activity central to the mission of the authority. Four of the [sixteen]
18 twenty voting members other than the [chairman] chairperson shall be
19 appointed on the written recommendation of the mayor of the city of New
20 York; one of the twenty voting members other than the chairperson shall
21 be appointed on the written recommendation of the New York city transit
22 authority advisory council; one of the twenty voting members other than
23 the chairperson shall be appointed on the written recommendation of the
24 Metro-North rail commuter council; one of the twenty voting members
25 other than the chairperson shall be appointed on the written recommenda-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07693-01-9
A. 6770 2
1 tion of the Long Island rail road commuter's council; one of the twenty
2 voting members other than the chairperson shall be appointed on the
3 written recommendation of the MTA New York city transit's paratransit
4 advisory committee selection committee; and each of seven other voting
5 members other than the [chairman] chairperson shall be appointed after
6 selection from a written list of three recommendations from the chief
7 executive officer of the county in which the particular member is
8 required to reside pursuant to the provisions of this subdivision. Of
9 the members appointed on recommendation of the chief executive officer
10 of a county, one such member shall be, at the time of appointment, a
11 resident of the county of Nassau, one a resident of the county of
12 Suffolk, one a resident of the county of Westchester, one a resident of
13 the county of Dutchess, one a resident of the county of Orange, one a
14 resident of the county of Putnam and one a resident of the county of
15 Rockland, provided that the term of any member who is a resident of a
16 county that has withdrawn from the metropolitan commuter transportation
17 district pursuant to section twelve hundred seventy-nine-b of this arti-
18 cle shall terminate upon the effective date of such county's withdrawal
19 from such district. Of the five voting members, other than the [chair-
20 man] chairperson, appointed by the governor without recommendation from
21 any other person, three shall be, at the time of appointment, residents
22 of the city of New York and two shall be, at the time of appointment,
23 residents of such city or of any of the aforementioned counties in the
24 metropolitan commuter transportation district. The [chairman] chair-
25 person and each of the members shall be appointed for a term of six
26 years, provided however, that the [chairman] chairperson first appointed
27 shall serve for a term ending June thirtieth, nineteen hundred eighty-
28 one, provided that thirty days after the effective date of the chapter
29 of the laws of two thousand nine which amended this subparagraph, the
30 term of the [chairman] chairperson shall expire; provided, further, that
31 such [chairman] chairperson may continue to discharge the duties of his
32 or her office until the position of [chairman] chairperson is filled by
33 appointment by the governor upon the advice and consent of the senate
34 and the term of such new [chairman] chairperson shall terminate June
35 thirtieth, two thousand fifteen. The [sixteen] twenty other members
36 first appointed shall serve for the following terms: The members from
37 the counties of Nassau and Westchester shall each serve for a term
38 ending June thirtieth, nineteen hundred eighty-five; the members from
39 the county of Suffolk and from the counties of Dutchess, Orange, Putnam
40 and Rockland shall each serve for a term ending June thirtieth, nineteen
41 hundred ninety-two; two of the members appointed on recommendation of
42 the mayor of the city of New York shall each serve for a term ending
43 June thirtieth, nineteen hundred eighty-four and, two shall each serve
44 for a term ending June thirtieth, nineteen hundred eighty-one; two of
45 the members appointed by the governor without the recommendation of any
46 other person shall each serve for a term ending June thirtieth, nineteen
47 hundred eighty-two, two shall each serve for a term ending June thirti-
48 eth, nineteen hundred eighty and one shall serve for a term ending June
49 thirtieth, nineteen hundred eighty-five; the member appointed by the
50 governor on recommendation of the New York city transit authority advi-
51 sory council shall serve for a term ending June thirtieth, two thousand
52 twenty-three; the member appointed by the governor on recommendation of
53 the Metro-North rail commuter council shall serve for a term ending June
54 thirtieth, two thousand twenty-three; the member appointed by the gover-
55 nor on recommendation of the Long Island rail road commuter's council
56 shall serve for a term ending June thirtieth, two thousand twenty-three;
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1 and the member appointed by the governor on recommendation of the MTA
2 New York city transit's paratransit advisory committee selection commit-
3 tee shall serve for a term ending June thirtieth, two thousand twenty-
4 three. [The two non-voting and four alternate non-voting members shall
5 serve until January first, two thousand one.] The members from the coun-
6 ties of Dutchess, Orange, Putnam and Rockland shall cast one collective
7 vote.
8 (2) There shall be [two] three non-voting members [and four alternate
9 non-voting members] of the authority, as referred to in subparagraph one
10 of this paragraph.
11 The first non-voting member shall be [a regular mass transit user of
12 the facilities of the authority and be recommended to the governor by
13 the New York city transit authority advisory council. The first alter-
14 nate non-voting member shall be a regular mass transit user of the
15 facilities of the authority and be recommended to the governor by the
16 Metro-North commuter council. The second alternate non-voting member
17 shall be a regular mass transit user of the facilities of the authority
18 and be recommended to the governor by the Long Island Rail Road
19 commuter's council.
20 The second non-voting member shall be] recommended to the governor by
21 the labor organization representing the majority of employees of the
22 Long Island Rail Road. The [third alternate] second non-voting member
23 shall be recommended to the governor by the labor organization repres-
24 enting the majority of employees of the New York city transit authority.
25 The [fourth alternate] third non-voting member shall be recommended to
26 the governor by the labor organization representing the majority of
27 employees of the Metro-North Commuter Railroad Company. The [chairman]
28 chairperson of the authority, at his or her direction, may exclude
29 [such] any non-voting member [or alternate non-voting member] from
30 attending any portion of a meeting of the authority or of any committee
31 established pursuant to paragraph (b) of subdivision four of this
32 section held for the purpose of discussing negotiations with labor
33 organizations.
34 [The non-voting member and the two alternate non-voting members
35 representing the New York York city transit authority advisory council,
36 the Metro-North commuter council, and the Long Island Rail Road
37 commuter's council shall serve eighteen month rotating terms, after
38 which time an alternate non-voting member shall become the non-voting
39 member and the rotation shall continue until each alternate member has
40 served at least one eighteen month term as a non-voting member. The
41 other non-voting member and alternate non-voting members representing
42 the New York city transit authority, Metro-North Commuter Railroad
43 Company, and the Long Island Rail Road labor organizations shall serve
44 eighteen month rotating terms, after which time an alternate non-voting
45 member shall become the non-voting member and the rotation shall contin-
46 ue until each alternate member has served at least one eighteen month
47 term as a non-voting member. The transit authority and the commuter
48 railroads shall not be represented concurrently by the two non-voting
49 members during any such eighteen month period.]
50 § 2. Paragraph (a) of subdivision 1 of section 1263 of the public
51 authorities law, as amended by section 4 of part H of chapter 25 of the
52 laws of 2009, is amended to read as follows:
53 (a) There is hereby created the "metropolitan transportation authori-
54 ty." The authority shall be a body corporate and politic constituting a
55 public benefit corporation. The authority shall consist of a [chairman]
56 chairperson and [sixteen] twenty other members appointed by the governor
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1 by and with the advice and consent of the senate. Any member appointed
2 to a term commencing on or after June thirtieth, two thousand nine shall
3 have experience in one or more of the following areas of expertise:
4 transportation, public administration, business management, finance,
5 accounting, law, engineering, land use, urban and regional planning,
6 management of large capital projects, labor relations, or have experi-
7 ence in some other area of activity central to the mission of the
8 authority. Four of the [sixteen] twenty members other than the [chair-
9 man] chairperson shall be appointed on the written recommendation of the
10 mayor of the city of New York; one of the twenty voting members other
11 than the chairperson shall be appointed on the written recommendation of
12 the New York city transit authority advisory council; one of the twenty
13 voting members other than the chairperson shall be appointed on the
14 written recommendation of the Metro-North rail commuter council; one of
15 the twenty voting members other than the chairperson shall be appointed
16 on the written recommendation of the Long Island rail road commuter's
17 council; one of the twenty voting members other than the chairperson
18 shall be appointed on the written recommendation of the MTA New York
19 city transit's paratransit advisory committee selection committee; and
20 each of seven other members other than the [chairman] chairperson shall
21 be appointed after selection from a written list of three recommenda-
22 tions from the chief executive officer of the county in which the
23 particular member is required to reside pursuant to the provisions of
24 this subdivision. Of the members appointed on recommendation of the
25 chief executive officer of a county, one such member shall be, at the
26 time of appointment, a resident of the county of Nassau; one a resident
27 of the county of Suffolk; one a resident of the county of Westchester;
28 and one a resident of the county of Dutchess, one a resident of the
29 county of Orange, one a resident of the county of Putnam and one a resi-
30 dent of the county of Rockland, provided that the term of any member who
31 is a resident of a county that has withdrawn from the metropolitan
32 commuter transportation district pursuant to section twelve hundred
33 seventy-nine-b of this article shall terminate upon the effective date
34 of such county's withdrawal from such district. Of the five members,
35 other than the [chairman] chairperson, appointed by the governor without
36 recommendation from any other person, three shall be, at the time of
37 appointment, residents of the city of New York and two shall be, at the
38 time of appointment, residents of such city or of any of the aforemen-
39 tioned counties in the metropolitan commuter transportation district.
40 The [chairman] chairperson and each of the members shall be appointed
41 for a term of six years, provided however, that the [chairman] chair-
42 person first appointed shall serve for a term ending June thirtieth,
43 nineteen hundred eighty-one, provided that thirty days after the effec-
44 tive date of the chapter of the laws of two thousand nine which amended
45 this paragraph, the term of the [chairman] chairperson shall expire;
46 provided, further, that such [chairman] chairperson may continue to
47 discharge the duties of his or her office until the position of [chair-
48 man] chairperson is filled by appointment by the governor upon the
49 advice and consent of the senate and the term of such new [chairman]
50 chairperson shall terminate June thirtieth, two thousand fifteen. The
51 [sixteen] twenty other members first appointed shall serve for the
52 following terms: The members from the counties of Nassau and Westchester
53 shall each serve for a term ending June thirtieth, nineteen hundred
54 eighty-five; the members from the county of Suffolk and from the coun-
55 ties of Dutchess, Orange, Putnam and Rockland shall each serve for a
56 term ending June thirtieth, nineteen hundred ninety-two; two of the
A. 6770 5
1 members appointed on recommendation of the mayor of the city of New York
2 shall each serve for a term ending June thirtieth, nineteen hundred
3 eighty-four and, two shall each serve for a term ending June thirtieth,
4 nineteen hundred eighty-one; two of the members appointed by the gover-
5 nor without the recommendation of any other person shall each serve for
6 a term ending June thirtieth, nineteen hundred eighty-two, two shall
7 each serve for a term ending June thirtieth, nineteen hundred eighty and
8 one shall serve for a term ending June thirtieth, nineteen hundred
9 eighty-five the member appointed by the governor on recommendation of
10 the New York city transit authority advisory council shall serve for a
11 term ending June thirtieth, two thousand twenty-three; the member
12 appointed by the governor on recommendation of the Metro-North rail
13 commuter council shall serve for a term ending June thirtieth, two thou-
14 sand twenty-three; the member appointed by the governor on recommenda-
15 tion of the Long Island rail road commuter's council shall serve for a
16 term ending June thirtieth, two thousand twenty-three; and the member
17 appointed by the governor on recommendation of the MTA New York city
18 transit's paratransit advisory committee selection committee shall serve
19 for a term ending June thirtieth, two thousand twenty-three. The members
20 from the counties of Dutchess, Orange, Putnam and Rockland shall cast
21 one collective vote.
22 § 3. Subdivision 2 of the section 1263 of the public authorities law,
23 as 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 official
31 duties.
32 § 4. Paragraph (a) of subsection 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 judgment be needed to discharge the
41 executive and administrative functions and powers of the authority.
42 § 5. 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 or her in the performance of his or her 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 referred to in subparagraph two of para-
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1 graph (a) of subdivision one of this section shall serve on the commit-
2 tee on capital program oversight, the committee on finance, the commit-
3 tee on safety, the committee on operations of the Triborough bridge and
4 tunnel authority, and the operations committee relevant to the commuter
5 council that recommended such member. [The alternate non-voting members
6 shall each serve on the respective operations committee relevant to the
7 commuter council that recommended each member.] The committee on capital
8 program oversight and the committee on safety shall include not less
9 than three members, and shall include the chairpersons of the committee
10 on operations of the New York city transit authority, the Manhattan and
11 Bronx surface transit operating authority and the Staten Island rapid
12 transit operating authority, the committee on operations of the Long
13 Island Rail Road and the metropolitan suburban bus authority, and the
14 committee on operations of the Metro-North commuter railroad. The
15 committee on safety shall convene at least once annually and each
16 committee chairperson, that is a member of the committee on safety,
17 shall report to the committee on safety any and all initiatives,
18 concerns, improvements, or failures involving the safety of: (1) custom-
19 ers; (2) employees; and (3) the public at large, in relation to authori-
20 ty facilities and services. The capital program committee shall, with
21 respect to any approved or proposed capital program plans, (i) monitor
22 the current and future availability of funds to be utilized for such
23 plans approved or proposed to be submitted to the metropolitan transpor-
24 tation capital program review board as provided in section twelve
25 hundred sixty-nine-b of this title; (ii) monitor the contract awards of
26 the metropolitan transportation authority and the New York city transit
27 authority to insure that such awards are consistent with (A) provisions
28 of law authorizing United States content and New York state content; (B)
29 collective bargaining agreements; (C) provisions of law providing for
30 participation by minority and women-owned businesses; (D) New York state
31 labor laws; (E) competitive bidding requirements including those regard-
32 ing sole source contracts; and (F) any other relevant requirements
33 established by law; (iii) monitor the award of contracts to determine if
34 such awards are consistent with the manner in which the work was tradi-
35 tionally performed in the past provided, however, that any such determi-
36 nation shall not be admissible as evidence in any arbitration or judi-
37 cial proceeding; (iv) review the relationship between capital
38 expenditures pursuant to each such capital program plan and current and
39 future operating budget requirements; (v) monitor the progress of capi-
40 tal elements described in each capital program plan approved as provided
41 in section twelve hundred sixty-nine-b of this title; (vi) monitor the
42 expenditures incurred and to be incurred for each such element; and
43 (vii) identify capital elements not progressing on schedule, ascertain
44 responsibility therefor and recommend those actions required or appro-
45 priate to accelerate their implementation. The capital program committee
46 shall issue a quarterly report on its activities and findings, and shall
47 in connection with the preparation of such quarterly report, consult
48 with the state division of the budget, the state department of transpor-
49 tation, the members of the metropolitan transportation authority capital
50 program review board and any other group the committee deems relevant,
51 including public employee organizations, and, at least annually, with a
52 nationally recognized independent transit engineering firm. Such report
53 shall be made available to the members of the authority, to the members
54 of the metropolitan transportation authority capital program review
55 board, and the directors of the municipal assistance corporation for the
56 city of New York.
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1 § 6. Paragraph (b) of subdivision 4 of section 1263 of the public
2 authorities law, as amended by section 2 of chapter 425 of the laws of
3 2018, is amended to read as follows:
4 (b) The [chairman] chairperson shall establish committees to assist
5 him or her in the performance of his or her duties and shall appoint
6 members of the authority to such committees. Among such committees,
7 there shall be a committee on operations of the New York city transit
8 authority, the Manhattan and Bronx surface transit operating authority
9 and the Staten Island rapid transit operating authority; a committee on
10 operations of the Long Island Rail Road and the metropolitan suburban
11 bus authority; a committee on operations of the Metro-North commuter
12 railroad; a committee on operations of the Triborough bridge and tunnel
13 authority; a committee on finance; a committee on capital program over-
14 sight; and a committee on safety. The committee on capital program over-
15 sight shall include not less than four members, and shall include the
16 chairpersons of the committee on operations of the New York city transit
17 authority, the Manhattan and Bronx surface transit operating authority
18 and the Staten Island rapid transit operating authority, the committee
19 on operations of the Long Island Rail Road and the metropolitan suburban
20 bus authority, the committee on operations of the Metro-North commuter
21 railroad, and the committee on safety. The committee on safety shall
22 convene at least once annually and each committee chairperson, that is a
23 member of the committee on safety, shall report to the committee on
24 safety any and all initiatives, concerns, improvements, or failures
25 involving the safety of: (1) customers; (2) employees; and (3) the
26 public at large, in relation to authority facilities and services. The
27 capital program committee shall, with respect to any approved or
28 proposed capital program plans, (i) monitor the current and future
29 availability of funds to be utilized for such plans approved or proposed
30 to be submitted to the metropolitan transportation capital program
31 review board as provided in section twelve hundred sixty-nine-b of this
32 title; (ii) monitor the contract awards of the metropolitan transporta-
33 tion authority and the New York city transit authority to insure that
34 such awards are consistent with (A) provisions of law authorizing United
35 States content and New York state content; (B) collective bargaining
36 agreements; (C) provisions of law providing for participation by minori-
37 ty and women-owned businesses; (D) New York state labor laws; (E)
38 competitive bidding requirements including those regarding sole source
39 contracts; and (F) any other relevant requirements established by law;
40 (iii) monitor the award of contracts to determine if such awards are
41 consistent with the manner in which the work was traditionally performed
42 in the past provided, however, that any such determination shall not be
43 admissible as evidence in any arbitration or judicial proceeding; (iv)
44 review the relationship between capital expenditures pursuant to each
45 such capital program plan and current and future operating budget
46 requirements; (v) monitor the progress of capital elements described in
47 each capital program plan approved as provided in section twelve hundred
48 sixty-nine-b of this title; (vi) monitor the expenditures incurred and
49 to be incurred for each such element; and (vii) identify capital
50 elements not progressing on schedule, ascertain responsibility therefor
51 and recommend those actions required or appropriate to accelerate their
52 implementation. The capital program committee shall issue a quarterly
53 report on its activities and findings, and shall in connection with the
54 preparation of such quarterly report, consult with the state division of
55 the budget, the state department of transportation, the members of the
56 metropolitan transportation authority capital program review board and
A. 6770 8
1 any other group the committee deems relevant, including public employee
2 organizations, and, at least annually, with a nationally recognized
3 independent transit engineering firm. Such report shall be made avail-
4 able to the members of the authority, to the members of the metropolitan
5 transportation authority capital program review board, and the directors
6 of the municipal assistance corporation for the city of New York.
7 § 7. Paragraphs (c) and (d) of subdivision 4 of section 1263 of the
8 public authorities law, paragraph (c) as added by chapter 247 of the
9 laws of 1990, paragraph (d) as added by section 5 of part H of chapter
10 25 of the laws of 2009, are amended to read as follows:
11 (c) The [chairman] chairperson shall ensure that at every meeting of
12 the board and at every meeting of each committee the public shall be
13 allotted a period of time, not less than thirty minutes, to speak on any
14 topic on the agenda.
15 (d) Notwithstanding paragraph (c) of subdivision one of section twen-
16 ty-eight hundred twenty-four of this chapter or any other provision of
17 law to the contrary, the [chairman] chairperson shall not participate in
18 establishing authority policies regarding the payment of salary, compen-
19 sation and reimbursement to, nor establish rules for the time and
20 attendance of, the chief executive officer. The salary of the [chairman]
21 chairperson, as determined pursuant to subdivision two of this section,
22 shall also be compensation for all services performed as chief executive
23 officer.
24 § 8. This act shall take effect immediately; provided that the amend-
25 ments to paragraph (a) of subdivision 1 of section 1263 of the public
26 authorities law made by section one of this act shall be subject to the
27 expiration and reversion of such paragraph pursuant to section 3 of
28 chapter 549 of the laws of 1994, as amended, when upon such date the
29 provisions of section two of this act shall take effect; and provided
30 further that the amendments to paragraph (b) of subdivision 4 of section
31 1263 of the public authorities law made by section five of this act
32 shall be subject to the expiration and reversion of such subdivision
33 pursuant to section 3 of chapter 549 of the laws of 1994, as amended,
34 when upon such date the provisions of section six of this act shall take
35 effect.