Bill Text: NY S03837 | 2019-2020 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2020-03-10 - PRINT NUMBER 3837A [S03837 Detail]

Download: New_York-2019-S03837-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3837--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 19, 2019
                                       ___________

        Introduced by Sens. GOUNARDES, BIAGGI, GIANARIS, KAPLAN, KAVANAGH, MONT-
          GOMERY,  RAMOS  -- read twice and ordered printed, and when printed to
          be committed to the Committee on Transportation -- recommitted to  the
          Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        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 1 of part E of  chapter  39  of
     4  the laws of 2019, 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07693-02-0
        S. 3837--A                          2

     1  authority  advisory council; one of the twenty voting members other than
     2  the chairperson shall be appointed on the written recommendation of  the
     3  Metro-North  rail  commuter  council;  one  of the twenty voting members
     4  other than the chairperson shall be appointed on the written recommenda-
     5  tion  of the Long Island Rail Road commuter's council; one of the twenty
     6  voting members other than the chairperson shall be a New York city tran-
     7  sit authority user with a publicly disclosed disability appointed on the
     8  written recommendation of the  head  of  an  independent  living  center
     9  located  in  New York city; and each of seven other voting members other
    10  than the [chairman] chairperson shall be appointed after selection  from
    11  a written list of three recommendations from the chief executive officer
    12  of  the  county  in  which  the  particular member is required to reside
    13  pursuant to the provisions of this subdivision. Of the members appointed
    14  on recommendation of the chief executive officer of a county,  one  such
    15  member shall be, at the time of appointment, a resident of the county of
    16  Nassau,  one  a resident of the county of Suffolk, one a resident of the
    17  county of Westchester, one a resident of the county of Dutchess,  one  a
    18  resident of the county of Orange, one a resident of the county of Putnam
    19  and  one a resident of the county of Rockland, provided that the term of
    20  any member who is a resident of a county that  has  withdrawn  from  the
    21  metropolitan commuter transportation district pursuant to section twelve
    22  hundred  seventy-nine-b of this title shall terminate upon the effective
    23  date of such county's withdrawal from such district. Of the five  voting
    24  members,  other than the [chairman] chairperson, appointed by the gover-
    25  nor without recommendation from any other person, three shall be, at the
    26  time of appointment, residents of the city of New York and two shall be,
    27  at the time of appointment, residents of such city  or  of  any  of  the
    28  aforementioned  counties  in  the  metropolitan  commuter transportation
    29  district. Provided  however,  notwithstanding  the  foregoing  residency
    30  requirement,  one  of  the five voting members appointed by the governor
    31  without recommendation from any other person, other than the  [chairman]
    32  chairperson,  may  be the director of the New York state division of the
    33  budget, and provided further that, in the event of such appointment, the
    34  budget director's membership in the authority shall be  deemed  ex-offi-
    35  cio.  The  [chairman]  chairperson  and  each  of  the  members shall be
    36  appointed for a term of six years, provided however, that the [chairman]
    37  chairperson first appointed shall serve for a term ending  June  thirti-
    38  eth,  nineteen  hundred  eighty-one, provided that thirty days after the
    39  effective date of the chapter of the laws of  two  thousand  nine  which
    40  amended  this subparagraph, the term of the [chairman] chairperson shall
    41  expire; provided, further, that such [chairman] chairperson may continue
    42  to discharge the duties of his or  her  office  until  the  position  of
    43  [chairman] chairperson is filled by appointment by the governor upon the
    44  advice  and  consent  of  the senate and the term of such new [chairman]
    45  chairperson shall terminate June thirtieth, two  thousand  fifteen.  The
    46  [sixteen]  twenty  other  members  first  appointed  shall serve for the
    47  following terms: The members from the counties of Nassau and Westchester
    48  shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
    49  eighty-five;  the  members from the county of Suffolk and from the coun-
    50  ties of Dutchess, Orange, Putnam and Rockland shall  each  serve  for  a
    51  term  ending  June  thirtieth,  nineteen  hundred ninety-two; two of the
    52  members appointed on recommendation of the mayor of the city of New York
    53  shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
    54  eighty-four  and, two shall each serve for a term ending June thirtieth,
    55  nineteen hundred eighty-one; two of the members appointed by the  gover-
    56  nor  without the recommendation of any other person shall each serve for
        S. 3837--A                          3

     1  a term ending June thirtieth, nineteen  hundred  eighty-two,  two  shall
     2  each serve for a term ending June thirtieth, nineteen hundred eighty and
     3  one  shall  serve  for  a  term  ending June thirtieth, nineteen hundred
     4  eighty-five;  the  member appointed by the governor on recommendation of
     5  the New York city transit authority advisory council shall serve  for  a
     6  term  ending  June thirtieth, two thousand twenty-four, and no more than
     7  two six-year terms; the member appointed by the governor on  recommenda-
     8  tion  of  the  Metro-North  rail commuter council shall serve for a term
     9  ending June thirtieth, two thousand twenty-four, and no  more  than  two
    10  six-year  terms;  the member appointed by the governor on recommendation
    11  of the Long Island Rail Road commuter's council shall serve for  a  term
    12  ending  June  thirtieth,  two thousand twenty-four, and no more than two
    13  six-year terms; and the member  with  a  publicly  disclosed  disability
    14  appointed  on  the  written recommendation of the head of an independent
    15  living center located in New York city shall serve  for  a  term  ending
    16  June  thirtieth,  two thousand twenty-four. [The two non-voting and four
    17  alternate non-voting members shall serve until January first, two  thou-
    18  sand one.] The members from the counties of Dutchess, Orange, Putnam and
    19  Rockland shall cast one collective vote.
    20    (2)  There shall be [two] three non-voting members [and four alternate
    21  non-voting members] of the authority, as referred to in subparagraph one
    22  of this paragraph.
    23    The first non-voting member shall be [a regular mass transit  user  of
    24  the  facilities  of  the authority and be recommended to the governor by
    25  the New York city transit authority advisory council. The  first  alter-
    26  nate  non-voting  member  shall  be  a  regular mass transit user of the
    27  facilities of the authority and be recommended to the  governor  by  the
    28  Metro-North  commuter  council.  The  second alternate non-voting member
    29  shall be a regular mass transit user of the facilities of the  authority
    30  and  be  recommended  to  the  governor  by  the  Long  Island Rail Road
    31  commuter's council.
    32    The second non-voting member shall be] recommended to the governor  by
    33  the  labor  organization  representing  the majority of employees of the
    34  Long Island Rail Road. The [third alternate]  second  non-voting  member
    35  shall  be  recommended to the governor by the labor organization repres-
    36  enting the majority of employees of the New York city transit authority.
    37  The [fourth alternate] third non-voting member shall be  recommended  to
    38  the  governor  by  the  labor  organization representing the majority of
    39  employees of the Metro-North Commuter Railroad Company.  The  [chairman]
    40  chairperson  of  the  authority,  at  his  or her direction, may exclude
    41  [such] any non-voting  member  [or  alternate  non-voting  member]  from
    42  attending  any portion of a meeting of the authority or of any committee
    43  established pursuant to  paragraph  (b)  of  subdivision  four  of  this
    44  section  held  for  the  purpose  of  discussing negotiations with labor
    45  organizations.
    46    [The non-voting  member  and  the  two  alternate  non-voting  members
    47  representing  the New York York city transit authority advisory council,
    48  the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
    49  commuter's  council  shall  serve  eighteen  month rotating terms, after
    50  which time an alternate non-voting member shall  become  the  non-voting
    51  member  and  the rotation shall continue until each alternate member has
    52  served at least one eighteen month term  as  a  non-voting  member.  The
    53  other  non-voting  member  and alternate non-voting members representing
    54  the New York  city  transit  authority,  Metro-North  Commuter  Railroad
    55  Company,  and  the Long Island Rail Road labor organizations shall serve
    56  eighteen month rotating terms, after which time an alternate  non-voting
        S. 3837--A                          4

     1  member shall become the non-voting member and the rotation shall contin-
     2  ue  until  each  alternate member has served at least one eighteen month
     3  term as a non-voting member. The  transit  authority  and  the  commuter
     4  railroads  shall  not  be represented concurrently by the two non-voting
     5  members during any such eighteen month period.]
     6    § 2. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
     7  authorities  law, as amended by section 2 of part E of chapter 39 of the
     8  laws of 2019, is amended to read as follows:
     9    (a) There is hereby created the "metropolitan transportation  authori-
    10  ty."  The authority shall be a body corporate and politic constituting a
    11  public benefit corporation. The authority shall consist of a  [chairman]
    12  chairperson and [sixteen] twenty other members appointed by the governor
    13  by  and  with the advice and consent of the senate. Any member appointed
    14  to a term commencing on or after June thirtieth, two thousand nine shall
    15  have experience in one or more of  the  following  areas  of  expertise:
    16  transportation,  public  administration,  business  management, finance,
    17  accounting, law, engineering, land use,  urban  and  regional  planning,
    18  management  of  large capital projects, labor relations, or have experi-
    19  ence in some other area of  activity  central  to  the  mission  of  the
    20  authority.  Four  of the [sixteen] twenty members other than the [chair-
    21  man] chairperson shall be appointed on the written recommendation of the
    22  mayor of the city of New York; one of the twenty  voting  members  other
    23  than the chairperson shall be appointed on the written recommendation of
    24  the  New York city transit authority advisory council; one of the twenty
    25  voting members other than the chairperson  shall  be  appointed  on  the
    26  written  recommendation of the Metro-North rail commuter council; one of
    27  the twenty voting members other than the chairperson shall be  appointed
    28  on  the  written recommendations of the Long Island Rail Road commuter's
    29  council; one of the twenty voting members  other  than  the  chairperson
    30  shall  be  a  New  York  city  transit  authority  user  with a publicly
    31  disclosed disability appointed on the written recommendation of the head
    32  of an independent living center located in New York city;  and  each  of
    33  seven  other  members  other  than  the  [chairman] chairperson shall be
    34  appointed after selection from a written list of  three  recommendations
    35  from  the  chief executive officer of the county in which the particular
    36  member is required to reside pursuant to the provisions of this subdivi-
    37  sion. Of the members appointed on recommendation of the chief  executive
    38  officer  of  a county, one such member shall be, at the time of appoint-
    39  ment, a resident of the county of Nassau; one a resident of  the  county
    40  of Suffolk; one a resident of the county of Westchester; and one a resi-
    41  dent  of the county of Dutchess, one a resident of the county of Orange,
    42  one a resident of the county of Putnam and one a resident of the  county
    43  of Rockland, provided that the term of any member who is a resident of a
    44  county  that has withdrawn from the metropolitan commuter transportation
    45  district pursuant to section twelve hundred seventy-nine-b of this title
    46  shall terminate upon the effective date of such county's withdrawal from
    47  such district. Of the five members, other  than  the  [chairman]  chair-
    48  person,  appointed by the governor without recommendation from any other
    49  person, three shall be, at the time of  appointment,  residents  of  the
    50  city of New York and two shall be, at the time of appointment, residents
    51  of  such  city or of any of the aforementioned counties in the metropol-
    52  itan commuter transportation district. Provided however, notwithstanding
    53  the foregoing residency requirement, one  of  the  five  voting  members
    54  appointed  by the governor without recommendation from any other person,
    55  other than the [chairman] chairperson, may be the director  of  the  New
    56  York  state  division  of  the budget, and provided further that, in the
        S. 3837--A                          5

     1  event of such appointment,  the  budget  director's  membership  in  the
     2  authority  shall  be  deemed  ex-officio. The [chairman] chairperson and
     3  each of the members shall be appointed for a term of six years, provided
     4  however, that the [chairman] chairperson first appointed shall serve for
     5  a term ending June thirtieth, nineteen hundred eighty-one, provided that
     6  thirty  days  after the effective date of the chapter of the laws of two
     7  thousand nine which amended this paragraph, the term of  the  [chairman]
     8  chairperson shall expire; provided, further, that such [chairman] chair-
     9  person  may  continue to discharge the duties of his or her office until
    10  the position of [chairman] chairperson is filled by appointment  by  the
    11  governor  upon the advice and consent of the senate and the term of such
    12  new [chairman] chairperson shall terminate June thirtieth, two  thousand
    13  fifteen.  The [sixteen] twenty other members first appointed shall serve
    14  for the following terms: The members from the  counties  of  Nassau  and
    15  Westchester  shall each serve for a term ending June thirtieth, nineteen
    16  hundred eighty-five; the members from the county of Suffolk and from the
    17  counties of Dutchess, Orange, Putnam and Rockland shall each serve for a
    18  term ending June thirtieth, nineteen  hundred  ninety-two;  two  of  the
    19  members appointed on recommendation of the mayor of the city of New York
    20  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
    21  eighty-four and, two shall each serve for a term ending June  thirtieth,
    22  nineteen  hundred eighty-one; two of the members appointed by the gover-
    23  nor without the recommendation of any other person shall each serve  for
    24  a  term  ending  June  thirtieth, nineteen hundred eighty-two, two shall
    25  each serve for a term ending June thirtieth, nineteen hundred eighty and
    26  one shall serve for a  term  ending  June  thirtieth,  nineteen  hundred
    27  eighty-five;  the  member appointed by the governor on recommendation of
    28  the New York city transit authority advisory council shall serve  for  a
    29  term  ending  June thirtieth, two thousand twenty-four, and no more than
    30  two six-year terms; the member appointed by the governor on  recommenda-
    31  tion  of  the  Metro-North  rail commuter council shall serve for a term
    32  ending June thirtieth, two thousand twenty-four, and no  more  than  two
    33  six-year terms the member appointed by the governor on recommendation of
    34  the  Long  Island  Rail  Road  commuter's council shall serve for a term
    35  ending June thirtieth, two thousand twenty-four, and no  more  than  two
    36  six-year  terms; and the member appointed by the governor on the written
    37  recommendation of the head of an independent living center in  New  York
    38  city  shall serve for a term ending June thirtieth, two thousand twenty-
    39  four.  The members from the counties of  Dutchess,  Orange,  Putnam  and
    40  Rockland shall cast one collective vote.
    41    §  3.  Subdivision 2 of section 1263 of the public authorities law, as
    42  amended by chapter 55 of the  laws  of  1992,  is  amended  to  read  as
    43  follows:
    44    2.  The  [chairman]  chairperson  and the first vice [chairman] chair-
    45  person shall be paid a salary in the amount determined by the authority;
    46  the other members shall not receive a salary or other compensation. Each
    47  member, including the [chairman] chairperson and the first vice  [chair-
    48  man]  chairperson,  shall  be  entitled  to reimbursement for actual and
    49  necessary expenses incurred in the performance of his  or  her  official
    50  duties.
    51    §  4.  Paragraph  (a)  of  subdivision 4 of section 1263 of the public
    52  authorities law, as amended by chapter 506  of  the  laws  of  2009,  is
    53  amended to read as follows:
    54    (a)  Notwithstanding any provision of law to the contrary, the [chair-
    55  man] chairperson shall be the chief executive officer of  the  authority
    56  and shall be responsible for the discharge of the executive and adminis-
        S. 3837--A                          6

     1  trative  functions  and  powers  of the authority. The [chairman] chair-
     2  person may appoint an executive director and such  other  officials  and
     3  employees  as  shall  in  his or her judgment be needed to discharge the
     4  executive and administrative functions and powers of the authority.
     5    §  5.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
     6  authorities law, as amended by section 1 of chapter 425 of the  laws  of
     7  2018, is amended to read as follows:
     8    (b)  The  [chairman]  chairperson shall establish committees to assist
     9  him or her in the performance of his or her  duties  and  shall  appoint
    10  members  of  the  authority  to  such committees. Among such committees,
    11  there shall be a committee on operations of the New  York  city  transit
    12  authority,  the  Manhattan and Bronx surface transit operating authority
    13  and the Staten Island rapid transit operating authority; a committee  on
    14  operations  of  the  Long Island Rail Road and the metropolitan suburban
    15  bus authority; a committee on operations  of  the  Metro-North  commuter
    16  railroad;  a committee on operations of the Triborough bridge and tunnel
    17  authority; a committee on finance; a committee on capital program  over-
    18  sight; and a committee on safety. In addition to such appointed members,
    19  each  of the non-voting members referred to in subparagraph two of para-
    20  graph (a) of subdivision one of this section shall serve on the  commit-
    21  tee  on capital program oversight, the committee on finance, the commit-
    22  tee on safety, the committee on operations of the Triborough bridge  and
    23  tunnel  authority, and the operations committee relevant to the commuter
    24  council that recommended such member. [The alternate non-voting  members
    25  shall  each serve on the respective operations committee relevant to the
    26  commuter council that recommended each member.] The committee on capital
    27  program oversight and the committee on safety  shall  include  not  less
    28  than  three members, and shall include the chairpersons of the committee
    29  on operations of the New York city transit authority, the Manhattan  and
    30  Bronx  surface  transit  operating authority and the Staten Island rapid
    31  transit operating authority, the committee on  operations  of  the  Long
    32  Island  Rail  Road  and the metropolitan suburban bus authority, and the
    33  committee on  operations  of  the  Metro-North  commuter  railroad.  The
    34  committee  on  safety  shall  convene  at  least  once annually and each
    35  committee chairperson, that is a member  of  the  committee  on  safety,
    36  shall  report  to  the  committee  on  safety  any  and all initiatives,
    37  concerns, improvements, or failures involving the safety of: (1) custom-
    38  ers; (2) employees; and (3) the public at large, in relation to authori-
    39  ty facilities and services. The capital program  committee  shall,  with
    40  respect  to  any approved or proposed capital program plans, (i) monitor
    41  the current and future availability of funds to  be  utilized  for  such
    42  plans approved or proposed to be submitted to the metropolitan transpor-
    43  tation  capital  program  review  board  as  provided  in section twelve
    44  hundred sixty-nine-b of this title; (ii) monitor the contract awards  of
    45  the  metropolitan transportation authority and the New York city transit
    46  authority to insure that such awards are consistent with (A)  provisions
    47  of law authorizing United States content and New York state content; (B)
    48  collective  bargaining  agreements;  (C) provisions of law providing for
    49  participation by minority and women-owned businesses; (D) New York state
    50  labor laws; (E) competitive bidding requirements including those regard-
    51  ing sole source contracts;  and  (F)  any  other  relevant  requirements
    52  established by law; (iii) monitor the award of contracts to determine if
    53  such  awards are consistent with the manner in which the work was tradi-
    54  tionally performed in the past provided, however, that any such determi-
    55  nation shall not be admissible as evidence in any arbitration  or  judi-
    56  cial   proceeding;   (iv)   review   the  relationship  between  capital
        S. 3837--A                          7

     1  expenditures pursuant to each such capital program plan and current  and
     2  future  operating budget requirements; (v) monitor the progress of capi-
     3  tal elements described in each capital program plan approved as provided
     4  in  section  twelve hundred sixty-nine-b of this title; (vi) monitor the
     5  expenditures incurred and to be incurred  for  each  such  element;  and
     6  (vii)  identify  capital elements not progressing on schedule, ascertain
     7  responsibility therefor and recommend those actions required  or  appro-
     8  priate to accelerate their implementation. The capital program committee
     9  shall issue a quarterly report on its activities and findings, and shall
    10  in  connection  with  the  preparation of such quarterly report, consult
    11  with the state division of the budget, the state department of transpor-
    12  tation, the members of the metropolitan transportation authority capital
    13  program review board and any other group the committee  deems  relevant,
    14  including  public employee organizations, and, at least annually, with a
    15  nationally recognized independent transit engineering firm. Such  report
    16  shall  be made available to the members of the authority, to the members
    17  of the metropolitan  transportation  authority  capital  program  review
    18  board, and the directors of the municipal assistance corporation for the
    19  city of New York.
    20    §  6.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
    21  authorities law, as amended by section 2 of chapter 425 of the  laws  of
    22  2018, is amended to read as follows:
    23    (b)  The  [chairman]  chairperson shall establish committees to assist
    24  him or her in the performance of his or her  duties  and  shall  appoint
    25  members  of  the  authority  to  such committees. Among such committees,
    26  there shall be a committee on operations of the New  York  city  transit
    27  authority,  the  Manhattan and Bronx surface transit operating authority
    28  and the Staten Island rapid transit operating authority; a committee  on
    29  operations  of  the  Long Island Rail Road and the metropolitan suburban
    30  bus authority; a committee on operations  of  the  Metro-North  commuter
    31  railroad;  a committee on operations of the Triborough bridge and tunnel
    32  authority; a committee on finance; a committee on capital program  over-
    33  sight; and a committee on safety. The committee on capital program over-
    34  sight  shall  include  not less than four members, and shall include the
    35  chairpersons of the committee on operations of the New York city transit
    36  authority, the Manhattan and Bronx surface transit  operating  authority
    37  and  the  Staten Island rapid transit operating authority, the committee
    38  on operations of the Long Island Rail Road and the metropolitan suburban
    39  bus authority, the committee on operations of the  Metro-North  commuter
    40  railroad,  and  the  committee  on safety. The committee on safety shall
    41  convene at least once annually and each committee chairperson, that is a
    42  member of the committee on safety, shall  report  to  the  committee  on
    43  safety  any  and  all  initiatives,  concerns, improvements, or failures
    44  involving the safety of: (1)  customers;  (2)  employees;  and  (3)  the
    45  public  at  large, in relation to authority facilities and services. The
    46  capital program  committee  shall,  with  respect  to  any  approved  or
    47  proposed  capital  program  plans,  (i)  monitor  the current and future
    48  availability of funds to be utilized for such plans approved or proposed
    49  to be submitted  to  the  metropolitan  transportation  capital  program
    50  review  board as provided in section twelve hundred sixty-nine-b of this
    51  title; (ii) monitor the contract awards of the metropolitan  transporta-
    52  tion  authority  and  the New York city transit authority to insure that
    53  such awards are consistent with (A) provisions of law authorizing United
    54  States content and New York state  content;  (B)  collective  bargaining
    55  agreements; (C) provisions of law providing for participation by minori-
    56  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
        S. 3837--A                          8

     1  competitive bidding requirements including those regarding  sole  source
     2  contracts;  and  (F) any other relevant requirements established by law;
     3  (iii) monitor the award of contracts to determine  if  such  awards  are
     4  consistent with the manner in which the work was traditionally performed
     5  in  the past provided, however, that any such determination shall not be
     6  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
     7  review  the  relationship  between capital expenditures pursuant to each
     8  such capital program  plan  and  current  and  future  operating  budget
     9  requirements;  (v) monitor the progress of capital elements described in
    10  each capital program plan approved as provided in section twelve hundred
    11  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
    12  to  be  incurred  for  each  such  element;  and  (vii) identify capital
    13  elements not progressing on schedule, ascertain responsibility  therefor
    14  and  recommend those actions required or appropriate to accelerate their
    15  implementation. The capital program committee shall  issue  a  quarterly
    16  report  on its activities and findings, and shall in connection with the
    17  preparation of such quarterly report, consult with the state division of
    18  the budget, the state department of transportation, the members  of  the
    19  metropolitan  transportation  authority capital program review board and
    20  any other group the committee deems relevant, including public  employee
    21  organizations,  and,  at  least  annually,  with a nationally recognized
    22  independent transit engineering firm. Such report shall be  made  avail-
    23  able to the members of the authority, to the members of the metropolitan
    24  transportation authority capital program review board, and the directors
    25  of the municipal assistance corporation for the city of New York.
    26    §  7.  Paragraphs  (c) and (d) of subdivision 4 of section 1263 of the
    27  public authorities law, paragraph (c) as added by  chapter  247  of  the
    28  laws  of  1990, paragraph (d) as added by section 5 of part H of chapter
    29  25 of the laws of 2009, are amended to read as follows:
    30    (c) The [chairman] chairperson shall ensure that at every  meeting  of
    31  the  board  and  at  every meeting of each committee the public shall be
    32  allotted a period of time, not less than thirty minutes, to speak on any
    33  topic on the agenda.
    34    (d) Notwithstanding paragraph (c) of subdivision one of section  twen-
    35  ty-eight  hundred  twenty-four of this chapter or any other provision of
    36  law to the contrary, the [chairman] chairperson shall not participate in
    37  establishing authority policies regarding the payment of salary, compen-
    38  sation and reimbursement to,  nor  establish  rules  for  the  time  and
    39  attendance of, the chief executive officer. The salary of the [chairman]
    40  chairperson,  as determined pursuant to subdivision two of this section,
    41  shall also be compensation for all services performed as chief executive
    42  officer.
    43    § 8. This act shall take effect immediately; provided that the  amend-
    44  ments  to  paragraph  (a) of subdivision 1 of section 1263 of the public
    45  authorities law made by section one of this act shall be subject to  the
    46  expiration  and  reversion  of  such  paragraph pursuant to section 3 of
    47  chapter 549 of the laws of 1994, as amended, when  upon  such  date  the
    48  provisions  of  section  two of this act shall take effect; and provided
    49  further that the amendments to paragraph (b) of subdivision 4 of section
    50  1263 of the public authorities law made by  section  five  of  this  act
    51  shall  be  subject  to  the expiration and reversion of such subdivision
    52  pursuant to section 3 of chapter 549 of the laws of  1994,  as  amended,
    53  when upon such date the provisions of section six of this act shall take
    54  effect.