senate Bill S5878C

Enacts the "Port Authority of New York and New Jersey Transparency and Accountability Act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 03 / Sep / 2011
    • REFERRED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 06 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 06 / Jan / 2012
    • PRINT NUMBER 5878A
  • 13 / Feb / 2012
    • 1ST REPORT CAL.195
  • 14 / Feb / 2012
    • 2ND REPORT CAL.
  • 15 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 29 / Feb / 2012
    • AMENDED ON THIRD READING 5878B
  • 12 / Mar / 2012
    • AMENDED ON THIRD READING 5878C
  • 15 / Mar / 2012
    • PASSED SENATE
  • 15 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 15 / Mar / 2012
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Summary

Enacts the "Port Authority of New York and New Jersey Transparency and Accountability Act".

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Bill Details

See Assembly Version of this Bill:
A8677B
Versions:
S5878
S5878A
S5878B
S5878C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Port Authority of New York and New Jersey
Laws Affected:
Amd ยง1 Art XV-A, add Arts XV-B - XV-F, Chap 154 of 1921

Sponsor Memo

BILL NUMBER:S5878C

TITLE OF BILL:
An act to amend chapter 154 of the laws of 1921, providing for the
establishment of the Port of New York Authority, in relation to
enacting the "Port Authority of New York and New Jersey Transparency
and Accountability Act"

PURPOSE:
To enact the "Port Authority of New York and New Jersey, in relation
to oversight of such authority.

SUMMARY OF PROVISIONS:
1. Requires for an independent auditing of the Port Authority.
2. Requires specific requirements for open public meetings and
publication of minutes of meetings of the Board of Commissioners.
3. Establishes specific requirements for public hearings to be held
in the port district of
New York and New Jersey to discuss any proposed fee, toll, charge,
or fare increase.
4. Established an Audit, Finance and Governance Committees.
5. Required financial disclosures and training for Commissioners.
6. Certification by the Chairman, Vice-Chairman of the Board
of Commissioners of the Port Authority and the Executive Director,
and the Chief Financial Officer of the Port Authority.
7. Creation of a fiduciary responsibility for Commissioners.

JUSTIFICATION:
This bill enacts certain reforms to ensure the proper functioning of
the Port Authority of New York and New Jersey as an open, transparent
and accountable interstate authority. The Port Authority's operations
include Newark, LaGuardia and Kennedy airports; the Port of New York
and New Jersey, which is the leading maritime cargo port on the east
coast of North America;
PATH mass transit system; the World Trade Center; and numerous bridges
and tunnels, including the George Washington Bridge and the Lincoln
and Holland Tunnels.

The measures contained in this legislation will bring accountability
and transparency to the Port, Authority, It will also allow the
public and government officials to have confidence that the Authority
is committed to its mission in a responsible and fiscally sound manner.

The bill requires the Port Authority's Board of Commissioners to
provide direct oversight of the authority's CEO and senior
management; oversee the implementation of financial and management
controls and operational decisions; establish policies concerning the
compensation of officers and employees; require each board member to
execute statement declaring an understanding of the member's
independence, fiduciary duties and commitment to the Port Authority's
mission; require that a needs assessment be conducted prior to any
fee, toll, charge, or fare increase; require an annual efficiency study
to identify waste or abuse; and establish audit, governance and
finance committees.


The bill also requires the Port Authority to provide within 90 days
of the end of its fiscal year, a complete and detailed report
setting forth: the Port Authority's operations and
accomplishments, certified financial reports, mission statement,
charter and by-laws; a
schedule of outstanding bonds and notes, a statement of the
amounts redeemed and incurred.
during the fiscal year as part of a schedule of debt issuance, and a
detailed list of costs of issuance for such debt; biographical
information and titles of commissioners and senior management,
including compensation and benefits paid to commissioners and to
senior staff in any amount; the projects undertaken during the past
year; the port Authority's code of ethics; an assessment of the
effectiveness of the Port Authority and its board structure; a
listing of material changes in operations and programs; at a minimum,
a four year financial plan; performance evaluations; and a list of
any pending litigation to which the Port Authority is involved as a
party and any related expenses. The documentation pertaining to the
Port Authority's mission, current activities, most recent annual
financial reports and independent audit, and current year budget must
be accessible on its website.

Additionally, the bill requires the board to make all reasonable
efforts to ensure that meetings are held in facilities that permit
barrier-free physical access to the physically handicapped and to
provide an opportunity for the public to attend, listen, and to
observe at any site at which a member participates in a meeting held
using video conferencing.

The bill makes the following requirements for public hearings to be
held prior to the adoption of any increase in any fee, toll, charge
or fare: (1) the Port Authority must hold at least 10 hearings, at
least one of which must be conducted in each county directly affected
by the proposed increase; (2) at least two-thirds of the
commissioners must attend each public hearing; (3) no more than one
public hearing may be held in a single day; and (4) at least half of
the hearings must begin after 6:30 p.m. on a weekday.

Finally, the bill requires that at each meeting of the board and its
committees, the public lie allotted a period of not less than 30
minutes to speak on any topic on the agendas. The Port Authority is
required to make agendas and public documents available to the public
at least 72 hours before a meeting and must publicize the notice of
the time and place of meetings.
Minutes must be taken at all open meetings of the authority which will
be available to the public within two weeks of the date of the meeting.

LEGISLATIVE HISTORY:
2011: S.5878 - Referred to Rules/A.8677 - Referred to Corporations.

FISCAL IMPLICATIONS:
None to the states of New York and New Jersey.

EFFECTIVE DATE:
This act shall take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect with this act, but
if the state of New Jersey shall have already enacted such


legislation, this act shall take effect immediately; provided that
the chairman of the port authority of New York and New Jersey shall
notify the legislative bill drafting commission upon the occurrence of
the enactment of the legislation provided for in section one of this
act in order that the commission may maintain an accurate and timely
effective data base of the official text of the laws of the state
of New York in furtherance of effectuating the provisions of section
44 of the legislative law and section 70-b of the public officers law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5878--C
    Cal. No. 195

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            September 2, 2011
                               ___________

Introduced  by Sens. LANZA, FUSCHILLO, FLANAGAN, GOLDEN, MARTINS, SAVINO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules --  recommitted  to  the  Committee  on  Corpo-
  rations, Authorities and Commissions in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- reported  favorably  from
  said committee, ordered to first and second report, ordered to a third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading -- again amended and ordered reprinted, retain-
  ing its place in the order of third reading

AN ACT to amend chapter 154 of the  laws  of  1921,  providing  for  the
  establishment of the Port of New York Authority, in relation to enact-
  ing  the  "Port  Authority of New York and New Jersey Transparency and
  Accountability Act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short title.  This act shall be known and may be cited as
the "Port Authority of New York and New Jersey Transparency and Account-
ability Act".
  S 2. Subdivisions 2 and 3 of article XV-A of section 1 of chapter  154
of  the laws of 1921, providing for the establishment of the Port of New
York Authority, as added by chapter 275 of the laws of 1992, are amended
to read as follows:
  2. As used in this act:
  [a.] "Board" means the board of commissioners of the Port Authority of
New York and New Jersey.
  [b.] "COMMITTEE" OR "COMMITTEES" MEANS THE AUDIT COMMITTEE, THE GOVER-
NANCE COMMITTEE, AND THE FINANCE COMMITTEE REQUIRED TO BE ESTABLISHED BY
THE BOARD IN ACCORDANCE WITH SUBDIVISIONS 2, 3 AND 4 OF ARTICLE XV-B  OF
THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09602-07-2

S. 5878--C                          2

  "Meeting" means any gathering, whether corporeal or by means of commu-
nication  equipment,  which  is attended by, or open to, the board, held
with the intent, on the part of the board members present, to discuss or
act as a unit upon the specific public business of the authority. "Meet-
ing"  does  not  mean a gathering (1) attended by less than an effective
majority of the board, or (2) attended by or open to all the members  of
three  or  more similar public bodies at a convention or similar gather-
ing.
  [c.] "Public business" mean matters which relate in any way,  directly
or indirectly, to the performance of the functions of the port authority
of New York and New Jersey or the conduct of its business.
  3.  The  board  shall adopt and promulgate appropriate rules and regu-
lations concerning the right of the public to be present at meetings  of
the  authority.  The  board may incorporate in its rules and regulations
conditions under which it may exclude the public from  a  meeting  or  a
portion thereof.
  Any  rules or regulations adopted hereunder shall become a part of the
minutes of the port authority of New York and New Jersey  and  shall  be
subject  to  the approval of the governor of New Jersey and the governor
of New York.
  THE BOARD SHALL MAKE OR CAUSE TO BE MADE  ALL  REASONABLE  EFFORTS  TO
ENSURE  THAT  MEETINGS  ARE  HELD IN FACILITIES THAT PERMIT BARRIER-FREE
PHYSICAL ACCESS TO THE PHYSICALLY HANDICAPPED. IF  AND  WHEN  THE  BOARD
USES VIDEO CONFERENCING OR SIMILAR TECHNOLOGY TO CONDUCT ITS MEETING, IT
SHALL  PROVIDE  AN  OPPORTUNITY  FOR  THE  PUBLIC TO ATTEND, LISTEN, AND
OBSERVE AT ANY SITE AT WHICH A MEMBER PARTICIPATES.
  S 3. Section 1 of chapter 154 of the laws of 1921, providing  for  the
establishment  of  the  Port of New York Authority, is amended by adding
five new articles XV-B, XV-C, XV-D, XV-E and XV-F to read as follows:
                              ARTICLE XV-B
  1. THE BOARD SHALL:
  A. EXECUTE DIRECT OVERSIGHT OF THE  AUTHORITY'S  CHIEF  EXECUTIVE  AND
OTHER  SENIOR  MANAGEMENT IN THE EFFECTIVE AND ETHICAL MANAGEMENT OF THE
AUTHORITY;
  B. UNDERSTAND, REVIEW, AND MONITOR THE IMPLEMENTATION  OF  FUNDAMENTAL
FINANCIAL  AND  MANAGEMENT  CONTROLS  AND  OPERATIONAL  DECISIONS OF THE
AUTHORITY;
  C. ESTABLISH POLICIES REGARDING THE PAYMENT OF  SALARY  AND  OVERTIME,
REIMBURSEMENTS,  AND  OTHER COMPENSATION TO, AND ESTABLISH RULES FOR THE
TIME AND ATTENDANCE OF, ALL OFFICERS AND EMPLOYEES OF THE AUTHORITY;
  D. REQUIRE EACH BOARD MEMBER, AT THE TIME THAT THE BOARD MEMBER  TAKES
AND SUBSCRIBES THE OATH OF OFFICE, OR WITHIN 60 DAYS AFTER THE EFFECTIVE
DATE  OF THIS ARTICLE IF THE MEMBER HAS ALREADY TAKEN AND SUBSCRIBED THE
OATH OF OFFICE, TO EXECUTE A STATEMENT, IN SUCH FORM  AS  THE  ATTORNEYS
GENERAL OF NEW YORK AND NEW JERSEY SHALL JOINTLY PRESCRIBE, IN WHICH THE
BOARD MEMBER DECLARES THAT THE MEMBER UNDERSTANDS THE MEMBER'S INDEPEND-
ENCE  AND  FIDUCIARY  DUTIES, INCLUDING THE MEMBER'S DUTY OF LOYALTY AND
CARE TO THE AUTHORITY AND COMMITMENT TO THE AUTHORITY'S MISSION;
  E. REQUIRE THAT A NEEDS ASSESSMENT  BE  CONDUCTED  BY  AN  INDEPENDENT
ENTITY PRIOR TO ANY PROPOSED INCREASE IN FEES, TOLLS, CHARGES, OR FARES;
AND
  F. REQUIRE AN EFFICIENCY STUDY BE CONDUCTED BY AN EFFICIENCY EXPERT ON
AN ANNUAL BASIS TO IDENTIFY ANY WASTE OR ABUSE INVOLVING THE AUTHORITY.
  2. THE BOARD SHALL ESTABLISH AN AUDIT COMMITTEE TO BE COMPRISED OF NOT
LESS  THAN  THREE  BOARD MEMBERS, WHO SHALL CONSTITUTE A MAJORITY ON THE
COMMITTEE, AND WHO SHALL POSSESS THE NECESSARY SKILLS TO  UNDERTAKE  THE

S. 5878--C                          3

DUTIES  AND FUNCTIONS OF THE AUDIT COMMITTEE. THE COMMITTEE SHALL RECOM-
MEND TO THE BOARD THE HIRING OF AN INDEPENDENT FIRM OF CERTIFIED  PUBLIC
ACCOUNTANTS  TO  AUDIT  THE  AUTHORITY, ESTABLISH THE COMPENSATION TO BE
PAID  TO THE ACCOUNTING FIRM, AND PROVIDE DIRECT OVERSIGHT OF THE ANNUAL
INDEPENDENT FINANCIAL AUDIT PERFORMED BY THE ACCOUNTING FIRM  HIRED  FOR
SUCH AUDITING PURPOSES. MEMBERS OF THE AUDIT COMMITTEE SHALL BE FAMILIAR
WITH CORPORATE FINANCIAL AND ACCOUNTING PRACTICES AND SHALL BE OR BECOME
FINANCIALLY  LITERATE  ABOUT  APPLICABLE  FINANCIAL  LAWS,  RULES, REGU-
LATIONS, AND STANDARD INDUSTRY PRACTICES.
  3. THE BOARD SHALL ESTABLISH A GOVERNANCE COMMITTEE TO BE COMPRISED OF
NOT LESS THAN THREE BOARD MEMBERS, WHO SHALL CONSTITUTE  A  MAJORITY  ON
THE  COMMITTEE,  AND WHO SHALL POSSESS THE NECESSARY SKILLS TO UNDERTAKE
THE DUTIES AND FUNCTIONS OF THE GOVERNANCE COMMITTEE. IT  SHALL  BE  THE
RESPONSIBILITY  OF  THE  MEMBERS OF THE GOVERNANCE COMMITTEE TO KEEP THE
BOARD INFORMED OF CURRENT BEST GOVERNANCE PRACTICES; TO REVIEW CORPORATE
GOVERNANCE TRENDS; TO UPDATE THE AUTHORITY'S CORPORATE GOVERNANCE  PRIN-
CIPLES;  TO  ADVISE  APPOINTING AUTHORITIES ON THE SKILLS AND EXPERIENCE
REQUIRED OF POTENTIAL BOARD MEMBERS; TO EXAMINE ETHICAL AND CONFLICT  OF
INTEREST  ISSUES; TO PERFORM BOARD SELF-EVALUATIONS; TO INVESTIGATE TERM
LIMITS, REAPPOINTMENTS AND BOARD RESPONSIBILITIES;  TO  DEVELOP  BY-LAWS
WHICH INCLUDE RULES AND PROCEDURES FOR CONDUCT OF BOARD BUSINESS; AND TO
MAKE RECOMMENDATIONS FOR NEW COMMISSIONERS.
  4.  THE  BOARD  SHALL ESTABLISH A FINANCE COMMITTEE TO BE COMPRISED OF
NOT LESS THAN THREE BOARD MEMBERS, WHO SHALL CONSTITUTE  A  MAJORITY  ON
THE  COMMITTEE,  AND WHO SHALL POSSESS THE NECESSARY SKILLS TO UNDERTAKE
THE DUTIES AND FUNCTIONS OF THE COMMITTEE. IT SHALL BE THE  RESPONSIBIL-
ITY  OF  THE MEMBERS OF THE FINANCE COMMITTEE TO OVERSEE AND APPROVE THE
ISSUANCE OF DEBT THAT THE AUTHORITY OR SUBSIDIARY COMMISSIONS ISSUE.
                              ARTICLE XV-C
  THE AUTHORITY SHALL SUBMIT TO  THE  GOVERNORS  OF  NEW  YORK  AND  NEW
JERSEY,  THE  TEMPORARY  PRESIDENT AND MINORITY LEADER OF THE SENATE AND
THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY  OF  THE  STATE  OF  NEW
YORK,  THE  PRESIDENT  AND MINORITY LEADER OF THE SENATE AND THE SPEAKER
AND MINORITY LEADER OF THE GENERAL ASSEMBLY OF THE STATE OF NEW  JERSEY,
THE  NEW  YORK  STATE COMPTROLLER, AND THE STATE TREASURER OF NEW JERSEY
WITHIN 90 DAYS AFTER THE END OF THE AUTHORITY'S FISCAL YEAR, A  COMPLETE
AND DETAILED REPORT OR REPORTS SETTING FORTH:
  1. THE AUTHORITY'S OPERATIONS AND ACCOMPLISHMENTS;
  2.  FINANCIAL  REPORTS  CERTIFIED  BY  THE CHAIR AND VICE-CHAIR OF THE
BOARD, AND THE EXECUTIVE DIRECTOR, DEPUTY EXECUTIVE DIRECTOR  AND  CHIEF
FINANCIAL  OFFICER OF THE AUTHORITY, INCLUDING (A) AUDITED FINANCIALS IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP) AND  THE
ACCOUNTING  STANDARDS  ISSUED  BY  THE GOVERNMENTAL ACCOUNTING STANDARDS
BOARD (GASB), (B) GRANT AND SUBSIDY PROGRAMS, (C) OPERATING  AND  FINAN-
CIAL RISKS, (D) CURRENT RATINGS AND NOTICE OF CHANGES, AND (E) LONG-TERM
LIABILITIES, INCLUDING LEASES AND EMPLOYEE BENEFIT PLANS;
  3. THE AUTHORITY'S MISSION STATEMENT;
  4.  A  SCHEDULE  OF THE AUTHORITY'S BONDS AND NOTES OUTSTANDING AT THE
END OF THE AUTHORITY'S FISCAL YEAR, TOGETHER WITH  A  STATEMENT  OF  THE
AMOUNTS REDEEMED AND INCURRED DURING SUCH FISCAL YEAR AS PART OF A SCHE-
DULE  OF DEBT ISSUANCE THAT INCLUDES THE DATE OF ISSUANCE, TERM, AMOUNT,
INTEREST RATE AND MEANS OF REPAYMENT. ADDITIONALLY,  THE  DEBT  SCHEDULE
SHALL ALSO INCLUDE ALL REFINANCINGS, CALLS, REFUNDINGS, DEFEASEMENTS AND
INTEREST  RATE  EXCHANGES  OR  OTHER  SUCH  AGREEMENTS, AND FOR ANY DEBT
ISSUED DURING THE REPORTING YEAR, THE  SCHEDULE  SHALL  ALSO  INCLUDE  A
DETAILED LIST OF COSTS OF ISSUANCE FOR SUCH DEBT;

S. 5878--C                          4

  5.  BIOGRAPHICAL  INFORMATION  AND  TITLE  OF COMMISSIONERS AND SENIOR
MANAGEMENT, INCLUDING COMPENSATION AND BENEFITS  PAID  TO  COMMISSIONERS
AND TO SENIOR STAFF IN ANY AMOUNT;
  6. THE PROJECTS UNDERTAKEN BY THE AUTHORITY DURING THE PAST YEAR;
  7. THE AUTHORITY'S CODE OF ETHICS;
  8.  AN  ASSESSMENT  OF  THE  EFFECTIVENESS OF THE AUTHORITY'S INTERNAL
CONTROL STRUCTURE AND PROCEDURES;
  9. A DESCRIPTION OF THE AUTHORITY AND ITS BOARD  STRUCTURE,  INCLUDING
(A)  NAMES OF COMMITTEES AND COMMITTEE MEMBERS, (B) LISTS OF BOARD MEET-
INGS AND ATTENDANCE, (C) DESCRIPTIONS  OF  MAJOR  AUTHORITY  UNITS,  AND
SUBSIDIARIES, AND (D) NUMBER OF EMPLOYEES;
  10. THE AUTHORITY'S CHARTER AND BY-LAWS;
  11. A LISTING OF MATERIAL CHANGES IN OPERATIONS AND PROGRAMS;
  12.  AT  A MINIMUM A FOUR-YEAR FINANCIAL PLAN, INCLUDING (A) A CURRENT
AND PROJECTED CAPITAL  BUDGET,  AND  (B)  AN  OPERATING  BUDGET  REPORT,
INCLUDING  AN ACTUAL VERSUS ESTIMATED BUDGET, WITH AN ANALYSIS AND MEAS-
UREMENT OF FINANCIAL AND OPERATING PERFORMANCE;
  13. THE AUTHORITY'S BOARD PERFORMANCE EVALUATIONS; AND
  14. A LIST OF  ANY  PENDING  LITIGATION  IN  WHICH  THE  AUTHORITY  IS
INVOLVED AS A PARTY AND RELATED EXPENSES THERETO.
  THE AUTHORITY SHALL MAKE ACCESSIBLE TO THE PUBLIC, VIA ITS OFFICIAL OR
SHARED  INTERNET  WEB  SITE,  DOCUMENTATION  PERTAINING  TO ITS MISSION,
CURRENT ACTIVITIES, MOST RECENT ANNUAL FINANCIAL REPORTS,  CURRENT  YEAR
BUDGET AND ITS MOST RECENT INDEPENDENT AUDIT REPORT.
                              ARTICLE XV-D
  1.  A. NOT LESS THAN 30 DAYS PRIOR TO ADOPTION BY THE AUTHORITY OF ANY
INCREASE IN ANY FEE, TOLL, CHARGE, OR FARE FOR THE USE OF THE  TRANSPOR-
TATION  FACILITIES  OF  THE AUTHORITY, OR NOT LESS THAN 15 DAYS PRIOR TO
ADOPTION BY THE AUTHORITY OF AN AMENDMENT TO  THE  PROPOSED  FEE,  TOLL,
CHARGE,  OR  FARE  INCREASE,  THE BOARD SHALL CONDUCT AT LEAST 10 PUBLIC
HEARINGS.
  B. NOT LESS THAN ONE PUBLIC HEARING REQUIRED PURSUANT TO  PARAGRAPH  A
OF  THIS  SUBDIVISION  SHALL BE CONDUCTED IN EACH COUNTY IN NEW YORK AND
NEW JERSEY DIRECTLY AFFECTED BY THE PROPOSED FEE, TOLL, CHARGE, OR  FARE
INCREASE,  AS  DETERMINED  BY  THE  BOARD IN CONSULTATION WITH LOCAL AND
STATE OFFICIALS.
  2. EACH PUBLIC HEARING SHALL BE ATTENDED BY AT LEAST TWO-THIRDS OF THE
COMMISSIONERS OF THE AUTHORITY THEN IN OFFICE AT THE TIME OF THE HEARING
AND NO MORE THAN ONE PUBLIC HEARING SHALL BE HELD IN A SINGLE DAY.
  3. AT LEAST ONE-HALF OF THE PUBLIC  HEARINGS  SHALL  BE  SCHEDULED  TO
BEGIN AFTER 6LABOR P.M., EASTERN STANDARD TIME, ON A WEEKDAY.
                              ARTICLE XV-E
  1. AT EACH MEETING OF THE BOARD AND AT EACH MEETING OF EACH COMMITTEE,
THE PUBLIC SHALL BE ALLOTTED A PERIOD OF TIME, NOT LESS THAN 30 MINUTES,
TO  SPEAK  ON ANY TOPIC ON THE AGENDA.  THE PUBLIC SPEAKING PERIOD SHALL
TAKE PLACE PRIOR TO ANY BOARD OR COMMITTEE ACTION.
  2. THE AUTHORITY SHALL MAKE AVAILABLE TO THE  PUBLIC  MEETING  AGENDAS
AND PUBLIC DOCUMENTS PROVIDED TO THE BOARD AT LEAST 72 HOURS BEFORE EACH
MEETING  OF  THE BOARD AND EACH MEETING OF EACH COMMITTEE. PUBLIC NOTICE
OF THE TIME AND PLACE OF A MEETING  SHALL  BE  PROVIDED  TO  APPROPRIATE
MEDIA  OUTLETS,  SHALL BE CONSPICUOUSLY POSTED IN ONE OR MORE DESIGNATED
AREAS AT LEAST 72 HOURS BEFORE SUCH MEETING, AND SHALL BE  CONSPICUOUSLY
POSTED VIA THE AUTHORITY'S OFFICIAL INTERNET WEBSITE AT LEAST 5 BUSINESS
DAYS BEFORE THE MEETING.
  THE AUTHORITY SHALL MAKE AVAILABLE TO THE PUBLIC SUCH DOCUMENTS IN THE
FOLLOWING  MANNER:  (A)  THE AGENDA AND PUBLIC DOCUMENTS PERTAINING TO A

S. 5878--C                          5

BOARD OR COMMITTEE MEETING SHALL BE AVAILABLE FOR PUBLIC  INSPECTION  AT
AN  OFFICE  OF  THE  AUTHORITY;  AND (B) THE AGENDA AND PUBLIC DOCUMENTS
PERTAINING TO A BOARD OR  COMMITTEE  MEETING  SHALL  BE  POSTED  ON  THE
AUTHORITY'S  OFFICIAL INTERNET WEBSITE. IN ADDITION, THE AUTHORITY SHALL
SEND VIA ELECTRONIC MAIL, THE AGENDA AND PUBLIC DOCUMENTS PERTAINING  TO
A  BOARD OR COMMITTEE MEETING TO EACH MEMBER OF THE NEW YORK LEGISLATURE
AND THE NEW JERSEY LEGISLATURE.
  3. MINUTES SHALL BE TAKEN AT ALL OPEN MEETINGS OF THE  AUTHORITY.  THE
MINUTES  SHALL CONSIST OF A RECORD OR SUMMARY OF ALL MOTIONS, PROPOSALS,
RESOLUTIONS, AND ANY OTHER MATTER FORMALLY VOTED UPON AND THE VOTE THER-
EON. MINUTES SHALL BE TAKEN AT EXECUTIVE SESSIONS OF ANY ACTION THAT  IS
TAKEN  BY  FORMAL  VOTE  AND SHALL CONSIST OF A RECORD OR SUMMARY OF THE
FINAL DETERMINATION OF SUCH ACTION,  AND  THE  VOTE  THEREON;  PROVIDED,
HOWEVER,  THAT  SUCH  SUMMARY  NEED  NOT INCLUDE ANY MATTER WHICH IS NOT
REQUIRED TO BE MADE PUBLIC BY EITHER NEW YORK'S FREEDOM  OF  INFORMATION
LAW OR NEW JERSEY'S OPEN PUBLIC RECORDS ACT, P.L. 1963, C. 73 (C.47:1A-1
ET SEQ.). MINUTES OF EACH MEETING SHALL BE AVAILABLE TO THE PUBLIC WITH-
IN 2 WEEKS FROM THE DATE OF SUCH MEETING.
                              ARTICLE XV-F
  THE  BOARD  SHALL CONDUCT AT LEAST 10 PUBLIC HEARINGS NOT MORE THAN 90
DAYS PRIOR TO THE IMPLEMENTATION OF  A  TOLL  INCREASE  ADOPTED  BY  THE
AUTHORITY  PRIOR  TO  THE  EFFECTIVE  DATE OF THIS ARTICLE IN THE MANNER
PRESCRIBED PURSUANT TO ARTICLE XV-D OF THIS SECTION.
  S 4. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey  shall  have  already  enacted  such
legislation,  this  act shall take effect immediately; provided that the
board of commissioners of the port authority of New York and New  Jersey
shall  notify  the  legislative bill drafting commission upon the occur-
rence of the enactment of the legislation provided for in  sections  two
and three of this act in order that the commission may maintain an accu-
rate  and timely effective data base of the official text of the laws of
the state of New York in furtherance of effectuating the  provisions  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.

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