S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1603
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ, ENGLEBRIGHT, STERN, GOTTFRIED, HYNDMAN,
   GALEF,  EPSTEIN,  SIMON, REYES, GLICK, WILLIAMS, CRUZ, FALL, ABINANTI,
   NIOU,  RAMOS,  GRIFFIN  --  Multi-Sponsored  by  --  M.  of  A.  COOK,
   DE LA ROSA,  SAYEGH  --  read  once  and  referred to the Committee 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:
 
   Section  1.  Paragraph  (a)  of  subdivision  1 of section 1263 of the
 public authorities law, as amended by chapter 549 of the  laws  of  1994
 and  subparagraph  1  as amended by section 1 of part E of chapter 39 of
 the laws of 2019, is amended to read as follows:
   (a) (1) There  is  hereby  created  the  "metropolitan  transportation
 authority."  The authority shall be a body corporate and politic consti-
 tuting  a  public  benefit corporation. The authority shall consist of a
 [chairman] CHAIRPERSON, [sixteen] TWENTY other voting members, and [two]
 THREE non-voting [and four alternate non-voting members],  as  described
 in  subparagraph  two of this paragraph appointed by the governor by and
 with the advice and consent of the senate. Any  member  appointed  to  a
 term commencing on or after June thirtieth, two thousand nine shall have
 experience in one or more of the following areas: transportation, public
 administration, business management, finance, accounting, law, engineer-
 ing,  land use, urban and regional planning, management of large capital
 projects, labor relations, or have experience  in  some  other  area  of
 activity  central to the mission of the authority. Four of the [sixteen]
 TWENTY voting members other than the  [chairman]  CHAIRPERSON  shall  be
 appointed  on the written recommendation of the mayor of the city of New
 York; ONE OF THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL
 BE  APPOINTED ON THE WRITTEN RECOMMENDATION OF THE NEW YORK CITY TRANSIT
 AUTHORITY ADVISORY COUNCIL; ONE OF THE TWENTY VOTING MEMBERS OTHER  THAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05872-01-1

 A. 1603                             2
 
 THE  CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE
 METRO-NORTH RAIL COMMUTER COUNCIL; ONE  OF  THE  TWENTY  VOTING  MEMBERS
 OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDA-
 TION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL; ONE OF THE TWENTY
 VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL  BE  APPOINTED  ON  THE
 WRITTEN  RECOMMENDATION  OF  THE MTA NEW YORK CITY TRANSIT'S PARATRANSIT
 ADVISORY COMMITTEE'S SELECTION COMMITTEE; and each of seven other voting
 members other than the [chairman] CHAIRPERSON shall be  appointed  after
 selection  from  a  written list of three recommendations from the chief
 executive officer of the  county  in  which  the  particular  member  is
 required  to  reside  pursuant to the provisions of this subdivision. Of
 the members appointed on recommendation of the chief  executive  officer
 of  a  county,  one  such member shall be, at the time of appointment, a
 resident of the county of Nassau,  one  a  resident  of  the  county  of
 Suffolk,  one a resident of the county of Westchester, one a resident of
 the county of Dutchess, one a resident of the county of  Orange,  one  a
 resident  of  the  county  of Putnam and one a resident of the county of
 Rockland, provided that the term of any member who is a  resident  of  a
 county  that has withdrawn from the metropolitan commuter transportation
 district pursuant to section twelve hundred seventy-nine-b of this title
 shall terminate upon the effective date of such county's withdrawal from
 such district. Of the five voting members,  other  than  the  [chairman]
 CHAIRPERSON,  appointed  by the governor without recommendation from any
 other person, three shall be, at the time of appointment,  residents  of
 the city of New York and two shall be, at the time of appointment, resi-
 dents  of  such  city  or  of  any of the aforementioned counties in the
 metropolitan  commuter  transportation   district.   Provided   however,
 notwithstanding  the  foregoing  residency  requirement, one of the five
 voting members appointed by the governor without recommendation from any
 other person, other than the [chairman] CHAIRPERSON, may be the director
 of the New York state division of the budget, and provided further that,
 in the event of such appointment, the budget  director's  membership  in
 the  authority  shall  be deemed ex-officio. The [chairman]  chairperson
 and each of the members shall be appointed for  a  term  of  six  years,
 provided  however, that the [chairman] CHAIRPERSON first appointed shall
 serve for a term ending June  thirtieth,  nineteen  hundred  eighty-one,
 provided that thirty days after the effective date of the chapter of the
 laws  of  two thousand nine which amended this subparagraph, the term of
 the [chairman] CHAIRPERSON shall expire; provided,  further,  that  such
 [chairman]  CHAIRPERSON  may  continue to discharge the duties of his or
 her office until the position of [chairman]  CHAIRPERSON  is  filled  by
 appointment  by  the  governor upon the advice and consent of the senate
 and the term of such new [chairman]  CHAIRPERSON  shall  terminate  June
 thirtieth,  two  thousand  fifteen.  The  [sixteen] TWENTY other members
 first appointed shall serve for the following terms:  The  members  from
 the  counties  of  Nassau  and  Westchester  shall each serve for a term
 ending June thirtieth, nineteen hundred eighty-five;  the  members  from
 the  county of Suffolk and from the counties of Dutchess, Orange, Putnam
 and Rockland shall each serve for a term ending June thirtieth, nineteen
 hundred ninety-two; two of the members appointed  on  recommendation  of
 the  mayor  of  the  city of New York shall each serve for a term ending
 June thirtieth, nineteen hundred eighty-four and, two shall  each  serve
 for  a  term  ending June thirtieth, nineteen hundred eighty-one; two of
 the members appointed by the governor without the recommendation of  any
 other person shall each serve for a term ending June thirtieth, nineteen
 hundred  eighty-two, two shall each serve for a term ending June thirti-

 A. 1603                             3
 
 eth, nineteen hundred eighty and one shall serve for a term ending  June
 thirtieth,  nineteen  hundred  eighty-five;  THE MEMBER APPOINTED BY THE
 GOVERNOR ON RECOMMENDATION OF THE NEW YORK CITY TRANSIT AUTHORITY  ADVI-
 SORY  COUNCIL SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND
 TWENTY-FIVE; THE MEMBER APPOINTED BY THE GOVERNOR ON  RECOMMENDATION  OF
 THE METRO-NORTH RAIL COMMUTER COUNCIL SHALL SERVE FOR A TERM ENDING JUNE
 THIRTIETH,  TWO THOUSAND TWENTY-FIVE; THE MEMBER APPOINTED BY THE GOVER-
 NOR ON RECOMMENDATION OF THE LONG ISLAND RAIL  ROAD  COMMUTER'S  COUNCIL
 SHALL  SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-FIVE;
 AND THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION  OF  THE  MTA
 NEW YORK CITY TRANSIT'S PARATRANSIT ADVISORY COMMITTEE SELECTION COMMIT-
 TEE'S  SHALL  SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWEN-
 TY-FIVE. [The two non-voting and four alternate non-voting members shall
 serve until January first, two thousand one.] The members from the coun-
 ties of Dutchess, Orange, Putnam and Rockland shall cast one  collective
 vote.
   (2)  There shall be [two] THREE non-voting members [and four alternate
 non-voting members] of the authority, as referred to in subparagraph one
 of this paragraph.
   The first non-voting member shall be [a regular mass transit  user  of
 the  facilities  of  the authority and be recommended to the governor by
 the New York city transit authority advisory council. The  first  alter-
 nate  non-voting  member  shall  be  a  regular mass transit user of the
 facilities of the authority and be recommended to the  governor  by  the
 Metro-North  commuter  council.  The  second alternate non-voting member
 shall be a regular mass transit user of the facilities of the  authority
 and  be  recommended  to  the  governor  by  the  Long  Island Rail Road
 commuter's council.
   The second non-voting member shall be] recommended to the governor  by
 the  labor  organization  representing  the majority of employees of the
 Long Island Rail Road. The [third alternate]  SECOND  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the majority of employees of the New York city transit authority.
 The [fourth alternate] THIRD non-voting member shall be  recommended  to
 the  governor  by  the  labor  organization representing the majority of
 employees of the Metro-North Commuter Railroad Company.  The  [chairman]
 CHAIRPERSON  of  the  authority,  at  his  OR HER direction, may exclude
 [such] ANY non-voting  member  [or  alternate  non-voting  member]  from
 attending  any portion of a meeting of the authority or of any committee
 established pursuant to  paragraph  (b)  of  subdivision  four  of  this
 section  held  for  the  purpose  of  discussing negotiations with labor
 organizations.
   [The non-voting  member  and  the  two  alternate  non-voting  members
 representing  the New York York city transit authority advisory council,
 the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
 commuter's  council  shall  serve  eighteen  month rotating terms, after
 which time an alternate non-voting member shall  become  the  non-voting
 member  and  the rotation shall continue until each alternate member has
 served at least one eighteen month term  as  a  non-voting  member.  The
 other  non-voting  member  and alternate non-voting members representing
 the New York  city  transit  authority,  Metro-North  Commuter  Railroad
 Company,  and  the Long Island Rail Road labor organizations shall serve
 eighteen month rotating terms, after which time an alternate  non-voting
 member shall become the non-voting member and the rotation shall contin-
 ue  until  each  alternate member has served at least one eighteen month
 term as a non-voting member. The  transit  authority  and  the  commuter

 A. 1603                             4

 railroads  shall  not  be represented concurrently by the two non-voting
 members during any such eighteen month period.]
   §  2.  Paragraph  (a)  of  subdivision 1 of section 1263 of the public
 authorities law, as amended by section 2 of part E of chapter 39 of  the
 laws of 2019, is amended to read as follows:
   (a)  There is hereby created the "metropolitan transportation authori-
 ty." The authority shall be a body corporate and politic constituting  a
 public  benefit corporation. The authority shall consist of a [chairman]
 CHAIRPERSON and [sixteen] TWENTY other members appointed by the governor
 by and with the advice and consent of the senate. Any  member  appointed
 to a term commencing on or after June thirtieth, two thousand nine shall
 have  experience  in  one  or  more of the following areas of expertise:
 transportation, public  administration,  business  management,  finance,
 accounting,  law,  engineering,  land  use, urban and regional planning,
 management of large capital projects, labor relations, or  have  experi-
 ence  in  some  other  area  of  activity  central to the mission of the
 authority. Four of the [sixteen] TWENTY members other than  the  [chair-
 man] CHAIRPERSON shall be appointed on the written recommendation of the
 mayor  of  the  city of New York; ONE OF THE TWENTY VOTING MEMBERS OTHER
 THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF
 THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL; ONE OF THE  TWENTY
 VOTING  MEMBERS  OTHER  THAN  THE  CHAIRPERSON SHALL BE APPOINTED ON THE
 WRITTEN RECOMMENDATION OF THE METRO-NORTH RAIL COMMUTER COUNCIL; ONE  OF
 THE  TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED
 ON THE WRITTEN RECOMMENDATION OF THE LONG ISLAND  RAIL  ROAD  COMMUTER'S
 COUNCIL;  ONE  OF  THE  TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON
 SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF  THE  MTA  NEW  YORK
 CITY TRANSIT'S PARATRANSIT ADVISORY COMMITTEE'S SELECTION COMMITTEE; and
 each  of seven other members other than the [chairman] CHAIRPERSON shall
 be appointed after selection from a written list  of  three  recommenda-
 tions  from  the  chief  executive  officer  of  the county in which the
 particular member is required to reside pursuant to  the  provisions  of
 this  subdivision.  Of  the  members  appointed on recommendation of the
 chief executive officer of a county, one such member shall  be,  at  the
 time  of appointment, a resident of the county of Nassau; one a resident
 of the county of Suffolk; one a resident of the county  of  Westchester;
 and  one  a  resident  of  the county of Dutchess, one a resident of the
 county of Orange, one a resident of the county of Putnam and one a resi-
 dent of the county of Rockland, provided that the term of any member who
 is a resident of a county  that  has  withdrawn  from  the  metropolitan
 commuter  transportation  district  pursuant  to  section twelve hundred
 seventy-nine-b of this title shall terminate upon the effective date  of
 such  county's withdrawal from such district. Of the five members, other
 than the [chairman]  CHAIRPERSON,  appointed  by  the  governor  without
 recommendation  from  any  other  person, three shall be, at the time of
 appointment, residents of the city of New York and two shall be, at  the
 time  of  appointment, residents of such city or of any of the aforemen-
 tioned counties in the metropolitan  commuter  transportation  district.
 Provided  however,  notwithstanding the foregoing residency requirement,
 one of the five voting members appointed by the governor without  recom-
 mendation  from any other person, other than the [chairman] CHAIRPERSON,
 may be the director of the New York state division of  the  budget,  and
 provided  further  that,  in  the  event of such appointment, the budget
 director's membership in the authority shall be deemed ex-officio.   The
 [chairman]  CHAIRPERSON and each of the members shall be appointed for a
 term of six years, provided however,  that  the  [chairman]  CHAIRPERSON

 A. 1603                             5
 
 first  appointed  shall serve for a term ending June thirtieth, nineteen
 hundred eighty-one, provided that thirty days after the  effective  date
 of the chapter of the laws of two thousand nine which amended this para-
 graph,  the  term  of the [chairman] CHAIRPERSON shall expire; provided,
 further, that such [chairman] CHAIRPERSON may continue to discharge  the
 duties of his OR HER office until the position of [chairman] CHAIRPERSON
 is  filled by appointment by the governor upon the advice and consent of
 the senate and the term of such new [chairman] CHAIRPERSON shall  termi-
 nate  June  thirtieth,  two thousand fifteen. The [sixteen] TWENTY other
 members first appointed shall serve for the following terms: The members
 from the counties of Nassau and Westchester shall each serve for a  term
 ending  June  thirtieth,  nineteen hundred eighty-five; the members from
 the county of Suffolk and from the counties of Dutchess, Orange,  Putnam
 and Rockland shall each serve for a term ending June thirtieth, nineteen
 hundred  ninety-two;  two  of the members appointed on recommendation of
 the mayor of the city of New York shall each serve  for  a  term  ending
 June  thirtieth,  nineteen hundred eighty-four and, two shall each serve
 for a term ending June thirtieth, nineteen hundred  eighty-one;  two  of
 the  members appointed by the governor without the recommendation of any
 other person shall each serve for a term ending June thirtieth, nineteen
 hundred eighty-two, two shall each serve for a term ending June  thirti-
 eth,  nineteen hundred eighty and one shall serve for a term ending June
 thirtieth, nineteen hundred eighty-five; THE  MEMBER  APPOINTED  BY  THE
 GOVERNOR  ON RECOMMENDATION OF THE NEW YORK CITY TRANSIT AUTHORITY ADVI-
 SORY COUNCIL SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO  THOUSAND
 TWENTY-FIVE;  THE  MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF
 THE METRO-NORTH RAIL COMMUTER COUNCIL SHALL SERVE FOR A TERM ENDING JUNE
 THIRTIETH, TWO THOUSAND TWENTY-FIVE; THE MEMBER APPOINTED BY THE  GOVER-
 NOR  ON  RECOMMENDATION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL
 SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND  TWENTY-FIVE;
 AND  THE  MEMBER  APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF THE MTA
 NEW YORK  CITY  TRANSIT'S  PARATRANSIT  ADVISORY  COMMITTEE'S  SELECTION
 COMMITTEE  SHALL  SERVE  FOR  A TERM ENDING JUNE THIRTIETH, TWO THOUSAND
 TWENTY-FIVE. The members from the counties of Dutchess,  Orange,  Putnam
 and Rockland shall cast one collective vote.
   §  3. Subdivision 2 of the section 1263 of the public authorities law,
 as amended by chapter 55 of the laws of 1992,  is  amended  to  read  as
 follows:
   2.  The  [chairman]  CHAIRPERSON  and the first vice [chairman] CHAIR-
 PERSON shall be paid a salary in the amount determined by the authority;
 the other members shall not receive a salary or other compensation. Each
 member, including the [chairman] CHAIRPERSON and the first vice  [chair-
 man]  CHAIRPERSON,  shall  be  entitled  to reimbursement for actual and
 necessary expenses incurred in the performance of his  or  her  official
 duties.
   §  4.  Paragraph  (a)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by chapter 506  of  the  laws  of  2009,  is
 amended to read as follows:
   (a)  Notwithstanding any provision of law to the contrary, the [chair-
 man] CHAIRPERSON shall be the chief executive officer of  the  authority
 and shall be responsible for the discharge of the executive and adminis-
 trative  functions  and  powers  of the authority. The [chairman] CHAIR-
 PERSON may appoint an executive director and such  other  officials  and
 employees  as  shall  in  his or her judgment be needed to discharge the
 executive and administrative functions and powers of the authority.

 A. 1603                             6
 
   § 5. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
 authorities  law,  as amended by section 1 of chapter 425 of the laws of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  duties  and  shall  appoint
 members  of  the  authority  to  such committees. Among such committees,
 there shall be a committee on operations of the New  York  city  transit
 authority,  the  Manhattan and Bronx surface transit operating authority
 and the Staten Island rapid transit operating authority; a committee  on
 operations  of  the  Long Island Rail Road and the metropolitan suburban
 bus authority; a committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. In addition to such appointed members,
 each  of the non-voting members referred to in subparagraph two of para-
 graph (a) of subdivision one of this section shall serve on the  commit-
 tee  on capital program oversight, the committee on finance, the commit-
 tee on safety, the committee on operations of the Triborough bridge  and
 tunnel  authority, and the operations committee relevant to the commuter
 council that recommended such member. [The alternate non-voting  members
 shall  each serve on the respective operations committee relevant to the
 commuter council that recommended each member.] The committee on capital
 program oversight and the committee on safety  shall  include  not  less
 than  three members, and shall include the chairpersons of the committee
 on operations of the New York city transit authority, the Manhattan  and
 Bronx  surface  transit  operating authority and the Staten Island rapid
 transit operating authority, the committee on  operations  of  the  Long
 Island  Rail  Road  and the metropolitan suburban bus authority, and the
 committee on  operations  of  the  Metro-North  commuter  railroad.  The
 committee  on  safety  shall  convene  at  least  once annually and each
 committee chairperson, that is a member  of  the  committee  on  safety,
 shall  report  to  the  committee  on  safety  any  and all initiatives,
 concerns, improvements, or failures involving the safety of: (1) custom-
 ers; (2) employees; and (3) the public at large, in relation to authori-
 ty facilities and services. The capital program  committee  shall,  with
 respect  to  any approved or proposed capital program plans, (i) monitor
 the current and future availability of funds to  be  utilized  for  such
 plans approved or proposed to be submitted to the metropolitan transpor-
 tation  capital  program  review  board  as  provided  in section twelve
 hundred sixty-nine-b of this title; (ii) monitor the contract awards  of
 the  metropolitan transportation authority and the New York city transit
 authority to insure that such awards are consistent with (A)  provisions
 of law authorizing United States content and New York state content; (B)
 collective  bargaining  agreements;  (C) provisions of law providing for
 participation by minority and women-owned businesses; (D) New York state
 labor laws; (E) competitive bidding requirements including those regard-
 ing sole source contracts;  and  (F)  any  other  relevant  requirements
 established by law; (iii) monitor the award of contracts to determine if
 such  awards are consistent with the manner in which the work was tradi-
 tionally performed in the past provided, however, that any such determi-
 nation shall not be admissible as evidence in any arbitration  or  judi-
 cial   proceeding;   (iv)   review   the  relationship  between  capital
 expenditures pursuant to each such capital program plan and current  and
 future  operating budget requirements; (v) monitor the progress of capi-
 tal elements described in each capital program plan approved as provided
 in section twelve hundred sixty-nine-b of this title; (vi)  monitor  the

 A. 1603                             7
 
 expenditures  incurred  and  to  be  incurred for each such element; and
 (vii) identify capital elements not progressing on  schedule,  ascertain
 responsibility  therefor  and recommend those actions required or appro-
 priate to accelerate their implementation. The capital program committee
 shall issue a quarterly report on its activities and findings, and shall
 in  connection  with  the  preparation of such quarterly report, consult
 with the state division of the budget, the state department of transpor-
 tation, the members of the metropolitan transportation authority capital
 program review board and any other group the committee  deems  relevant,
 including  public employee organizations, and, at least annually, with a
 nationally recognized independent transit engineering firm. Such  report
 shall  be made available to the members of the authority, to the members
 of the metropolitan  transportation  authority  capital  program  review
 board, and the directors of the municipal assistance corporation for the
 city of New York.
   §  6.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by section 2 of chapter 425 of the  laws  of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  duties  and  shall  appoint
 members  of  the  authority  to  such committees. Among such committees,
 there shall be a committee on operations of the New  York  city  transit
 authority,  the  Manhattan and Bronx surface transit operating authority
 and the Staten Island rapid transit operating authority; a committee  on
 operations  of  the  Long Island Rail Road and the metropolitan suburban
 bus authority; a committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. The committee on capital program over-
 sight  shall  include  not less than four members, and shall include the
 chairpersons of the committee on operations of the New York city transit
 authority, the Manhattan and Bronx surface transit  operating  authority
 and  the  Staten Island rapid transit operating authority, the committee
 on operations of the Long Island Rail Road and the metropolitan suburban
 bus authority, the committee on operations of the  Metro-North  commuter
 railroad,  and  the  committee  on safety. The committee on safety shall
 convene at least once annually and each committee chairperson, that is a
 member of the committee on safety, shall  report  to  the  committee  on
 safety  any  and  all  initiatives,  concerns, improvements, or failures
 involving the safety of: (1)  customers;  (2)  employees;  and  (3)  the
 public  at  large, in relation to authority facilities and services. The
 capital program  committee  shall,  with  respect  to  any  approved  or
 proposed  capital  program  plans,  (i)  monitor  the current and future
 availability of funds to be utilized for such plans approved or proposed
 to be submitted  to  the  metropolitan  transportation  capital  program
 review  board as provided in section twelve hundred sixty-nine-b of this
 title; (ii) monitor the contract awards of the metropolitan  transporta-
 tion  authority  and  the New York city transit authority to insure that
 such awards are consistent with (A) provisions of law authorizing United
 States content and New York state  content;  (B)  collective  bargaining
 agreements; (C) provisions of law providing for participation by minori-
 ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
 competitive bidding requirements including those regarding  sole  source
 contracts;  and  (F) any other relevant requirements established by law;
 (iii) monitor the award of contracts to determine  if  such  awards  are
 consistent with the manner in which the work was traditionally performed

 A. 1603                             8
 
 in  the past provided, however, that any such determination shall not be
 admissible as evidence in any arbitration or judicial  proceeding;  (iv)
 review  the  relationship  between capital expenditures pursuant to each
 such  capital  program  plan  and  current  and  future operating budget
 requirements; (v) monitor the progress of capital elements described  in
 each capital program plan approved as provided in section twelve hundred
 sixty-nine-b  of  this title; (vi) monitor the expenditures incurred and
 to be incurred  for  each  such  element;  and  (vii)  identify  capital
 elements  not progressing on schedule, ascertain responsibility therefor
 and recommend those actions required or appropriate to accelerate  their
 implementation.  The  capital  program committee shall issue a quarterly
 report on its activities and findings, and shall in connection with  the
 preparation of such quarterly report, consult with the state division of
 the  budget,  the state department of transportation, the members of the
 metropolitan transportation authority capital program review  board  and
 any  other group the committee deems relevant, including public employee
 organizations, and, at least  annually,  with  a  nationally  recognized
 independent  transit  engineering firm. Such report shall be made avail-
 able to the members of the authority, to the members of the metropolitan
 transportation authority capital program review board, and the directors
 of the municipal assistance corporation for the city of New York.
   § 7. Paragraphs (c) and (d) of subdivision 4 of section  1263  of  the
 public  authorities  law,  paragraph  (c) as added by chapter 247 of the
 laws of 1990, paragraph (d) as added by section 5 of part H  of  chapter
 25 of the laws of 2009, are amended to read as follows:
   (c)  The  [chairman] CHAIRPERSON shall ensure that at every meeting of
 the board and at every meeting of each committee  the  public  shall  be
 allotted a period of time, not less than thirty minutes, to speak on any
 topic on the agenda.
   (d)  Notwithstanding paragraph (c) of subdivision one of section twen-
 ty-eight hundred twenty-four of this chapter or any other  provision  of
 law to the contrary, the [chairman] CHAIRPERSON shall not participate in
 establishing authority policies regarding the payment of salary, compen-
 sation  and  reimbursement  to,  nor  establish  rules  for the time and
 attendance of, the chief executive officer. The salary of the [chairman]
 CHAIRPERSON, as determined pursuant to subdivision two of this  section,
 shall also be compensation for all services performed as chief executive
 officer.
   §  8. This act shall take effect immediately; provided that the amend-
 ments to paragraph (a) of subdivision 1 of section 1263  of  the  public
 authorities  law made by section one of this act shall be subject to the
 expiration and reversion of such paragraph  pursuant  to  section  3  of
 chapter  549  of  the  laws of 1994, as amended, when upon such date the
 provisions of section two of this act shall take  effect;  and  provided
 further that the amendments to paragraph (b) of subdivision 4 of section
 1263  of  the  public  authorities  law made by section five of this act
 shall be subject to the expiration and  reversion  of  such  subdivision
 pursuant  to  section  3 of chapter 549 of the laws of 1994, as amended,
 when upon such date the provisions of section six of this act shall take
 effect.