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

                                  2289

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Corporations, Authorities and Commissions

AN  ACT to amend the public authorities law, in relation to the non-vot-
  ing members on the boards of the Triborough bridge and tunnel authori-
  ty, the New York city transit authority and the metropolitan transpor-
  tation authority

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

  Section  1. Subdivisions 1 and 2 of section 552 of the public authori-
ties law, subdivision 1 as amended by chapter 766 of the  laws  of  2005
and subdivision 2 as amended by section 1 of part O of chapter 61 of the
laws of 2000, are amended to read as follows:
  1. A board, to be known as "Triborough bridge and tunnel authority" is
hereby created. Such board shall be a body corporate and politic consti-
tuting  a  public  benefit  corporation.  It  shall consist of seventeen
VOTING members AND THREE NON-VOTING MEMBERS,  all  serving  ex  officio.
Those  members shall be the persons who from time to time shall hold the
offices of chairman and members of metropolitan transportation  authori-
ty.  The  chairman  of  such board shall be the chairman of metropolitan
transportation authority, serving ex officio, and the executive director
of the authority shall be the executive  director  of  the  metropolitan
transportation  authority,  serving  ex  officio. The executive director
shall be empowered to delegate his or her function and power to appoint,
discipline and remove officers and employees to the executive officer of
the Triborough bridge and tunnel authority or  to  such  person  as  may
succeed to the powers and duties of said executive officer. The chairman
and  other members of the board hereby created, and the executive direc-
tor, shall not be entitled to compensation for their services  hereunder
but  shall  be  entitled to reimbursement for their actual and necessary
expenses incurred in the performance of their official duties.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05406-01-9

              

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  2. A majority of the whole number of VOTING members of  the  authority
then  in  office  shall  constitute  a quorum for the transaction of any
business or the exercise of any power of the authority. Except as other-
wise specified in this title for the transaction of any business or  the
exercise  of  any  power  of the authority, the authority shall have the
power to act by a majority vote of the VOTING  members  present  at  any
meeting  at  which a quorum is in attendance and except further, that in
the event of a tie vote the chairman shall cast one additional vote. For
the purposes of the voting and quorum requirements of this  subdivision,
the  voting  and  quorum  requirements set forth in subdivision three of
section twelve hundred sixty-three of this chapter and in any by-law  of
the  metropolitan  transportation  authority  adopted  pursuant  to  the
provisions of such subdivision shall be applicable  hereto.  Such  board
and  its  corporate  existence  shall continue only for a period of five
years and thereafter until all its liabilities have  been  met  and  its
bonds,  notes  and  other  obligations  have  been  paid in full or such
liabilities or bonds, notes or other  obligations  have  otherwise  been
discharged,  including  bonds,  notes or other obligations issued by the
metropolitan transportation authority that are payable in  whole  or  in
part  by revenues of the authority. When all liabilities incurred by the
authority of every kind and character have been met and all  its  bonds,
notes  and  other  obligations  have been paid in full, including bonds,
notes or other obligations issued  by  the  metropolitan  transportation
authority  that  are  payable  in  whole  or  in part by revenues of the
authority, or such liabilities or bonds, notes or other obligations have
otherwise been discharged, all rights and properties  of  the  authority
shall pass to and be vested in the city, except those rights and proper-
ties  held  by  it relating to the convention center which shall pass to
and be vested in the state. The authority shall retain full jurisdiction
and control over all its projects, with the right and duty,  subject  to
the  limitations of subdivision nine of section five hundred fifty-two-a
of this title, to charge tolls and collect revenues therefrom,  for  the
benefit  of  the holders of any of its bonds, notes or other obligations
or other liabilities, even if not issued or incurred in connection  with
the  project.  Upon  the  authority's ceasing to exist all its remaining
rights and properties shall pass to the city, except  those  rights  and
properties held by it relating to the convention center which shall pass
to the state.
  S  2.  Subdivision 1 of section 1201 of the public authorities law, as
amended by chapter 929 of the laws  of  1986,  is  amended  to  read  as
follows:
  1. A board, to be known as "New York City Transit Authority" is hereby
created. Such board shall be a body corporate and politic constituting a
public benefit corporation. It shall consist of seventeen VOTING members
AND  THREE  NON-VOTING  MEMBERS,  all  serving ex officio. Those members
shall be the persons who from time to time shall  hold  the  offices  of
chairman and members of metropolitan transportation authority.
  S  3.  Subdivision 5 of section 1201 of the public authorities law, as
amended by chapter 929 of the laws  of  1986,  is  amended  to  read  as
follows:
  5.   A majority of the whole number of VOTING members of the authority
then in office shall constitute a quorum  for  the  transaction  of  any
business  or  the  exercise  of  any power of the authority.   Except as
otherwise specified in this title, for the transaction of  any  business
or  the exercise of any power of the authority, the authority shall have
the power to act by a majority vote of the VOTING members present at any

A. 2289                             3

meeting at which a quorum is in attendance.  In the event of a tie  vote
the  chairman  shall  cast one additional vote.  For the purposes of the
voting and quorum requirements  of  this  subdivision,  the  voting  and
quorum  requirements  set  forth  in subdivision three of section twelve
hundred sixty-three of this article and in any by-law of  the  metropol-
itan transportation authority adopted pursuant to the provisions of such
subdivision shall be applicable hereto.
  S  4.  Subdivision 5 of section 1205 of the public authorities law, as
added by chapter 930 of the laws of 1977, is amended to read as follows:
  5.  Any complete or partial closing of a passenger station within  the
city of New York, or any means of public access to such facility, except
for  purposes  of  repair or renovation or in case of emergency shall be
accomplished only if approved by resolution of the authority adopted  by
not  less  than  a majority of the whole number of VOTING members of the
authority then in office, and only after a public hearing.  Such hearing
shall be held not less than thirty days after notice  of  such  proposed
closing  has  been  given to, and comments solicited from, the community
board as established  pursuant  to  section  [eighty-four]  TWENTY-EIGHT
HUNDRED of the New York city charter whose area of jurisdiction includes
the station proposed to be closed or otherwise affected.
  S  5.  Subdivision 2 of section 1209 of the public authorities law, as
amended by chapter 494 of the laws  of  1990,  is  amended  to  read  as
follows:
  2.  Any  purchase contract, including but not limited to contracts for
the purchase of equipment, materials or supplies, the estimated cost  of
which  exceeds  the  sum  of  ten thousand dollars, shall be made by the
authority only upon public letting founded on sealed bids, except  in  a
case  where  the  authority, by resolution, declares the existence of an
emergency or the existence of  other  circumstances  making  competitive
bidding impracticable or inappropriate, except in no instance other than
in  circumstances  such  as  described in paragraph (g) [hereof] OF THIS
SUBDIVISION, shall the authority declare  that  competitive  bidding  is
inappropriate  with respect to purchase contracts for omnibuses. In each
instance when the authority declares competitive  bidding  inappropriate
it shall state the reasons therefor. Competitive bidding may be declared
inappropriate  by  the  authority  in instances (a) where the item to be
purchased is available only from a single source; or (b)  where  profes-
sional engineering or architectural services are solicited; or (c) where
only  a  single bid is received in response to an invitation for compet-
itive bids; or (d) where the  authority  has  chosen  to  standardize  a
component  on  the basis of compatibility or maintenance reliability; or
(e) where the apparent low bidder is declared by the authority to be not
qualified to perform the terms of the contract; or (f) where the author-
ity wishes to experiment with or test a new  product  or  technology  or
evaluate  the  service  or  reliability of a new source for a particular
product or component; or (g) where the authority by a vote of two-thirds
of its VOTING members then in office determines that its  prior  experi-
ence  with a potential source or contractor has been such as to require,
in the public interest, that such source or contractor not be considered
eligible to bid and  that  after  the  elimination  of  said  source  or
contractor  from the bidding process there would effectively remain only
a single source for the item to be purchased and the authority purchases
the item from such source; or (h) where the authority  by  a  two-thirds
vote  of  its VOTING members determines, on the basis of its analysis of
the competitive situation among potential sources for  the  item  to  be
purchased,  is  such  that it is in the public interest to encourage new

A. 2289                             4

sources of manufacture or supply by awarding a contract  by  negotiation
and  without  competitive  bidding.    Notice of the invitation for such
bidding shall state the time and place of the  receipt  and  opening  of
bids and shall be published in the city record in five successive issues
at  least  ten days preceding such opening. The authority may reject all
such bids and readvertise for new bids if  it  shall  deem  it  for  the
public  interest  so  to  do. If not, it shall award the contract to the
lowest responsible bidder unless the authority, by unanimous vote, shall
determine that it is for the public interest that a bid other than  that
of the lowest responsible bidder shall be accepted.
  S  6.  Subdivision 4 of section 1209 of the public authorities law, as
added by chapter 430 of the laws of 1983 and paragraph (a) as amended by
chapter 725 of the laws of 1993, is amended to read as follows:
  4. Notwithstanding the provisions of subdivision two of this  section,
a  contract  for the purchase of omnibuses or components of omnibuses in
furtherance or implementation of a capital program plan approved  pursu-
ant  to  section twelve hundred sixty-nine-b of this article may also be
awarded by the authority  by  negotiation  without  competitive  bidding
provided the following standards and procedures are complied with:
  (a) The authority, by a vote of not less than two-thirds of its VOTING
members  then  in  office,  shall issue a notice of intention to solicit
competitive offerings to furnish omnibuses or components thereof, and to
negotiate the conditions of a final purchase award. Such notice shall be
published in at least one newspaper of general circulation, and  a  copy
thereof shall be mailed to all known vendors of such omnibuses or compo-
nents.  Such  notice shall describe or identify the omnibuses or partic-
ular components so to be purchased, the factors subject to  negotiation,
insofar  as  practicable prior to such negotiation, the form and content
of the response, and any other matter which the  authority  deems  rele-
vant.  The factors subject to negotiation shall include, but need not be
limited to, financing, cost, delivery schedules, and performance of  all
or  a  portion  of the contract at sites within the state of New York or
using goods produced and services provided with the state of  New  York.
Such notice shall require a respondent to submit as part of the response
and in such detail as the authority may require, information relating to
the  experience  of the respondent on the basis of which said respondent
purports to be qualified to fulfill a contract relating to  the  subject
matter and including the factors identified in the notice.
  (b)  The  authority  shall  evaluate the responses to such notice, and
shall negotiate with those respondents whose responses comply  with  all
the  requirements  set  forth in the notice, including the qualification
requirements.
  (c) A public hearing shall be held by the authority upon not less than
fifteen days notice. Such notice shall state the purpose of the hearing,
and shall be published in at least one newspaper of general  circulation
and  shall  be  mailed to all vendors from whom offers to negotiate were
received. At such hearing, summaries of all final offers received and of
all negotiations shall be presented. Public comment shall be heard  with
respect  to  such offers and negotiations after which the authority by a
vote of not less than eleven of its VOTING members,  shall  resolve,  on
the basis of particularized findings relevant to the factors negotiated,
that  the  award  of  the  contract  on the basis of negotiation for the
purchase of omnibuses or any components thereof will result  in  savings
or other benefits to the authority, and that such award is in the public
interest.

A. 2289                             5

  In  no  event, however, shall the authority award a contract for omni-
buses to a manufacturer whose final offer, as expressed in unit cost per
omnibus, is more than ten [per cent] PERCENT higher than the  unit  cost
of any qualified competing final offer, if the sole basis for such award
is  that  the  higher priced offer includes more favorable provision for
the performance of the contract within the state of New York or the  use
of  goods  produced  or  services provided within the state of New York.
Provided, however, the authority's directors to award a contract to  any
manufacturer  shall  not  be  so  limited  if a basis for such award, as
determined by the authority, is superior financing,  delivery  schedule,
life  cycle  cost,  reliability, or any other factor the authority deems
relevant to its operation.
  As soon as practicable after the  adoption  of  such  resolution,  the
authority  shall  file  such  resolution  and  the contract which is the
subject thereof with the  New  York  state  public  authorities  control
board, created by section fifty of this chapter, and with the individual
members  thereof.  The  authority  shall  provide the public authorities
control board with any information concerning the decision to award  the
contract  as  such  board  may  request,  including,  but not limited to
financing, delivery schedule, life cycle cost, and  reliability  of  the
omnibus  offers  made  by  all manufacturers competing for the award. No
such contract shall be awarded by the authority if within  fifteen  days
following  such  filing  the public authorities control board has disap-
proved the award of such contract; provided, however, if the contract is
not approved by the board within the fifteen day period and no  individ-
ual member of the board has certified to the authority in writing of his
disapproval  within  such  period,  the contract shall be deemed to have
been approved.
  (d) The notice provided in paragraph (c) of this subdivision shall not
be issued until forty-five days after issuance of the notice  of  inten-
tion to negotiate referred to in paragraph (a) of this subdivision.
  S  7.  Paragraph  (a)  of  subdivision 5 of section 1209 of the public
authorities law, as added by chapter 383 of the laws of 1985, is amended
to read as follows:
  (a) Notwithstanding that funds of the authority may be used  therefor,
a contract for all or a portion of work involving the alteration, expan-
sion  or  rehabilitation  of  a  passenger station may be awarded by the
authority, by negotiation without  competitive  bidding,  to  a  private
entity  or  the designee of a private entity where the authority by vote
of not less than eleven of its VOTING members approves written  findings
that such award is expected to permit the alteration, expansion or reha-
bilitation  to  be  carried out in the most efficient and cost effective
manner, that such private entity has agreed to pay at least one  million
dollars  toward  the  cost of the work, that such payment represents not
less than fifty percent of the total cost of  the  work,  and  that  the
authority  has complied with the procedures provided in paragraph (b) of
this subdivision. Notwithstanding the foregoing, a contract for all or a
portion of work involving the alteration, expansion or rehabilitation of
the passenger station located at the western terminus of the  forty-sec-
ond street shuttle may be awarded by the authority, by negotiation with-
out  competitive  bidding,  to  a  private  entity  or the designee of a
private entity where the authority by vote of not less  than  eleven  of
its VOTING members approves written findings that such award is expected
to  permit the alteration, expansion or rehabilitation to be carried out
in the most efficient and cost effective manner, and that the  authority

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has  complied  with  the  procedures  provided  in paragraph (b) of this
subdivision.
  S  8.  Subdivision 9 of section 1209 of the public authorities law, as
added by chapter 929 of the laws of 1986 and subparagraph (i)  of  para-
graph  (g)  as amended by chapter 725 of the laws of 1993, is amended to
read as follows:
  9. Notwithstanding the foregoing, the  authority  may,  by  resolution
approved by a two-thirds vote of its VOTING members then in office or by
a majority vote of its VOTING members with respect to contracts proposed
to  be  let  pursuant to paragraph (a) of this subdivision, declare that
competitive bidding is  impractical  or  inappropriate  because  of  the
existence  of  any of the circumstances hereinafter set forth and there-
after the authority may proceed to  award  contracts  without  complying
with  the requirements of subdivision seven or eight of this section. In
each case where the authority declares competitive  bidding  impractical
or  inappropriate,  it  shall  state  the reason therefor in writing and
summarize  any  negotiations  that  have  been  conducted.  Except   for
contracts  awarded  pursuant to paragraphs (a), (b), (c) and (e) of this
subdivision, the authority shall not award any contract pursuant to this
subdivision earlier than thirty days from the date on which the authori-
ty declares that competitive bidding is  impractical  or  inappropriate.
Competitive  bidding  may  only be declared impractical or inappropriate
where:
  (a) the existence of an emergency involving  danger to life, safety or
property requires immediate action and cannot await competitive  bidding
or  the  item to be purchased is essential to efficient operation or the
adequate provision of service and as  a  consequence  of  an  unforeseen
circumstance such purchase cannot await competitive bidding;
  (b) the item to be purchased is available only from a single responsi-
ble  source, provided that if bids have not been solicited for such item
pursuant to subdivision seven  of  this  section  within  the  preceding
twelve  months,  public notice shall first be given pursuant to subdivi-
sion eight of this section;
  (c) the authority receives no responsive bids or only a single respon-
sive bid in response to an invitation for competitive bids;
  (d) the authority wishes to experiment with or test a product or tech-
nology or new source for such product  or  technology  or  evaluate  the
service or reliability of such product or technology;
  (e)  the  item  is  available  through  an existing contract between a
vendor and (i) another public authority provided that such other author-
ity utilized a process of competitive bidding or a  process  of  compet-
itive requests for proposals to award such contract or (ii) the state of
New  York  or  the  city of New York, provided that in any case when the
authority under this  paragraph  determines  that  obtaining  such  item
thereby  would  be in the public interest and sets forth the reasons for
such determination. The authority shall accept sole  responsibility  for
any payment due the vendor as a result of the authority's order; or
  (f)  the  authority  determines  that  it is in the public interest to
award contracts pursuant  to  a  process  for  competitive  request  for
proposals  as  hereinafter  set  forth.  For purposes of this section, a
process for competitive request for proposals shall  mean  a  method  of
soliciting  proposals  and  awarding a contract on the basis of a formal
evaluation of the characteristics, such as quality, cost, delivery sche-
dule and financing of such proposals against stated selection  criteria.
Public  notice  of the requests for proposals shall be given in the same
manner as provided in  subdivision  eight  of  this  section  and  shall

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include the selection criteria. In the event the authority makes a mate-
rial  change  in  the selection criteria from those previously stated in
the notice, it will inform all  proposers  of  such  change  and  permit
proposers to modify their proposals.
  (i) The authority may award a contract pursuant to this paragraph only
after  a  resolution approved by a two-thirds vote of its VOTING members
then in office at a public meeting of the authority with such resolution
(A) disclosing the other proposers and the substance of their proposals,
(B) summarizing the negotiation process including the opportunities,  if
any,  available  to proposers to present and modify their proposals, and
(C) setting forth the criteria upon which the selection was made.
  (ii) Nothing in this paragraph shall require or preclude  (A)  negoti-
ations  with  any  proposers  following  the receipt of responses to the
request for proposals, or (B) the rejection of any or all  proposals  at
any time.  Upon the rejection of all proposals, the authority may solic-
it new proposals or bids in any manner prescribed in this section.
  (g)  the authority issues a competitive request for proposals pursuant
to the procedures of paragraph (f) of this subdivision for the  purchase
or  rehabilitation of rapid transit cars and omnibuses. Any such request
may include among the stated selection criteria the performance  of  all
or  a  portion  of the contract at sites within the state of New York or
the use of goods produced or services provided within the state  of  New
York,  provided  however  that  in  no event shall the authority award a
contract to a manufacturer whose final offer, as expressed in unit  cost
is  more  than  ten  percent  higher than the unit cost of any qualified
competing final offer, if the sole basis for  such  award  is  that  the
higher  priced  offer includes more favorable provision for the perform-
ance of the contract within the state of New York or the  use  of  goods
produced  or services provided within the state of New York, and further
provided that the authority's discretion to  award  a  contract  to  any
manufacturer  shall  not  be  so  limited  if a basis for such award, as
determined by the authority, is superior financing,  delivery  schedule,
life  cycle,  reliability, or any other factor the authority deems rele-
vant to its operations.
  (i) The authority may award a contract pursuant to this paragraph only
after a resolution approved by a vote of not less than two-thirds of its
VOTING members then in office at a public meeting of the authority  with
such  resolution (A) disclosing the other proposers and the substance of
their proposals, (B) summarizing the negotiation process  including  the
opportunities,  if  any,  available  to  proposers to present and modify
their proposals, and (C) setting  forth  the  criteria  upon  which  the
selection was made.
  (ii)  Nothing  in this paragraph shall require or preclude (A) negoti-
ations with any proposers following the  receipt  of  responses  to  the
request  for  proposals, or (B) the rejection of any or all proposals at
any time.  Upon the rejection of all proposals, the authority may solic-
it new proposals or bids in any manner prescribed in this section.
  S 9. Subparagraph 2 of paragraph (a) of subdivision 1 of section  1263
of  the public authorities law, as amended by chapter 549 of the laws of
1994, is amended to read as follows:
  (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-

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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 non-voting member shall be
recommended to the governor by the labor organization  representing  the
majority of employees of the New York city transit authority. The fourth
alternate  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 THIRD NON-VOTING MEMBER SHALL BE
RECOMMENDED TO THE GOVERNOR BY THE LABOR ORGANIZATION  REPRESENTING  THE
MAJORITY  OF EMPLOYEES OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. IN
THE EVENT NO  SINGLE  LABOR  ORGANIZATION  REPRESENTS  THE  MAJORITY  OF
EMPLOYEES OF EITHER THE LONG ISLAND RAIL ROAD, THE NEW YORK CITY TRANSIT
AUTHORITY,  THE  METRO-NORTH COMMUTER RAILROAD COMPANY OR THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY, THE REPRESENTATIVES FROM THE  LABOR  ORGAN-
IZATIONS WHICH TOGETHER REPRESENT A MAJORITY OF THE EMPLOYEES OF EACH OF
THOSE ENTITIES SHALL AGREE UPON AND RECOMMEND TO THE GOVERNOR A NON-VOT-
ING  MEMBER  OR  ALTERNATE  NON-VOTING  MEMBER,  AS THE CASE MAY BE. The
chairman of the authority, at his direction, may exclude such 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 repres-
enting  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 continue until  each  alternate
member  has  served  at  least  one  eighteen month term as a non-voting
member. THE NON-VOTING MEMBER REPRESENTING  THE  TRIBOROUGH  BRIDGE  AND
TUNNEL AUTHORITY SHALL SERVE AN EIGHTEEN MONTH TERM. The transit author-
ity  and the commuter railroads shall not be represented concurrently by
the two non-voting members during any such eighteen month period.
  S 10. Paragraph (a) of subdivision 1 of section  1263  of  the  public
authorities  law  is  amended  by adding a new subparagraph 3 to read as
follows:
  (3) THE  NON-VOTING  MEMBERS  AND  THE  ALTERNATE  NON-VOTING  MEMBERS
APPOINTED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS OF
SECTIONS SEVENTY-THREE-A AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  S  11.  Paragraphs (a) and (b) of subdivision 3 of section 1263 of the
public authorities law, paragraph (a) as amended by chapter 929  of  the
laws  of  1986 and paragraph (b) as amended by chapter 14 of the laws of
2006, are amended to read as follows:

A. 2289                             9

  (a) A majority of the whole number of VOTING members of the  authority
then  in  office  shall  constitute  a quorum for the transaction of any
business or the exercise of any power of the authority. Except as other-
wise specified in this title, for the transaction of any business or the
exercise  of  any power of the authority, the authority shall have power
to act by a majority vote of the VOTING members present at  any  meeting
at which a quorum is in attendance and except further, that in the event
of a tie vote the chairman shall cast one additional vote.
  (b)  For  purposes  of  determining  the presence of a quorum, and for
purposes of  participation  on  any  committee  or  subcommittee,  those
members  who  collectively cast a single vote pursuant to the provisions
of paragraph (a) of subdivision one of this section shall be  considered
to  be  a  single  VOTING member, and the presence of such VOTING member
shall be determined as provided in this subdivision.   Except as  other-
wise  provided  in a by-law adopted as hereinafter provided, such single
member constituting those members entitled to a collective vote shall be
deemed present as a single member for purposes of a  quorum  if  one  or
more of the members then in office entitled to cast such collective vote
is  present,  and  such collective vote shall be cast in accordance with
the majority agreement of the members entitled to a collective vote  who
are  present  or  in  the event a single member entitled to a collective
vote is present it shall be cast by that member. To evidence the  exist-
ence  of such majority agreement among the members entitled to a collec-
tive vote, each such member shall be polled as to his vote and such poll
shall be recorded in the minutes. In the event a majority  vote  is  not
achieved  by  the members entitled to a collective vote who are present,
then the vote shall not be cast. Nothing herein shall limit the right of
an individual member to participate in board meetings or in other activ-
ities of the authority when the other members then in office entitled to
collectively cast a vote are not present. At any meeting of the authori-
ty at which there is a quorum including all the members then  in  office
entitled  to cast a collective vote, the authority may adopt a by-law or
by-laws regulating the casting of such  collective  vote,  provided  all
members  then in office entitled to cast a collective vote affirmatively
approve such by-law or by-laws. Any action taken  by  the  authority  in
accordance  with  any  such  by-law  or  by-laws adopted pursuant to the
provisions of this paragraph shall take effect in the same manner as any
other action of the authority. Any such  by-law  or  by-laws  shall  not
provide  for the casting of any fractional vote. Nor shall such a by-law
or by-laws provide for the amendment, repeal or adoption in  the  future
of  such  a  by-law  or by-laws in a manner other than that set forth in
this paragraph.
  S 12. Subdivision 4 of section 1265-a of the public  authorities  law,
as  added  by  chapter  929  of the laws of 1986 and subparagraph (i) of
paragraph (g) as amended by chapter 256 of the laws of 1998, is  amended
to read as follows:
  4.  Notwithstanding  the  foregoing,  the authority may, by resolution
approved by a two-thirds vote of its VOTING members then in  office,  or
by  a  majority  vote  of  its  VOTING members with respect to contracts
proposed to be  let  pursuant  to  paragraph  (a)  of  this  subdivision
declare that competitive bidding is impractical or inappropriate because
of  the  existence of any of the circumstances hereinafter set forth and
thereafter the authority may proceed to award contracts without  comply-
ing  with  the requirements of subdivision two or three of this section.
In each case where the authority declares competitive bidding  impracti-
cal  or inappropriate, it shall state the reason therefor in writing and

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summarize  any  negotiations  that  have  been  conducted.  Except   for
contracts  awarded  pursuant to paragraphs (a), (b), (c) and (e) of this
subdivision, the authority shall not award any contract pursuant to this
subdivision earlier than thirty days from the date on which the authori-
ty  declares  that  competitive bidding is impractical or inappropriate.
Competitive bidding may only be declared  impractical  or  inappropriate
where:
  (a)  the existence of an emergency involving danger to life, safety or
property requires immediate action and cannot await competitive  bidding
or  the  item to be purchased is essential to efficient operation or the
adequate provision of service and as a consequence of unforeseen circum-
stance such purchase cannot await competitive bidding;
  (b) the item to be purchased is available only from a single responsi-
ble source, provided that if bids have not been solicited for such  item
pursuant  to subdivision two of this section within the preceding twelve
months public notice shall first be given pursuant to subdivision  three
of this section;
  (c) the authority receives no responsive bids or only a single respon-
sive bid in response to an invitation for competitive bids;
  (d) the authority wishes to experiment with or test a product or tech-
nology  or  new  source  for  such product or technology or evaluate the
service or reliability of such product or technology;
  (e) the item is available  through  an  existing  contract  between  a
vendor and (i) another public authority provided that such other author-
ity  utilized  a  process of competitive bidding or a process of compet-
itive requests for proposals to award  such  contracts  or  (ii)  Nassau
county,  or  (iii)  the  state of New York or (iv) the city of New York,
provided that in any case when under this paragraph the authority deter-
mines that obtaining such item thereby would be in the  public  interest
and  sets  forth the reasons for such determination. The authority shall
accept sole responsibility for any payment due the vendor as a result of
the authority's order; or
  (f) the authority determines that it is  in  the  public  interest  to
award  contracts  pursuant  to  a  process  for competitive requests for
proposals as hereinafter set forth. For  purposes  of  this  section,  a
process  for  competitive  requests for proposals shall mean a method of
soliciting proposals and awarding a contract on the basis  of  a  formal
evaluation of the characteristics, such as quality, cost, delivery sche-
dule  and financing of such proposals against stated selection criteria.
Public notice of the requests for proposals shall be given in  the  same
manner  as  provided  in  subdivision  three  of  this section and shall
include the selection criteria. In the event the authority makes a mate-
rial change in the selection criteria from those  previously  stated  in
the  notice,  it  will  inform  all  proposers of such change and permit
proposers to modify their proposals.
  (i) The authority may award a contract pursuant to this paragraph only
after a resolution approved by a two-thirds vote of its  VOTING  members
then in office at a public meeting of the authority with such resolution
(A) disclosing the other proposers and the substance of their proposals,
(B)  summarizing the negotiation process including the opportunities, if
any, available to proposers to present and modify their  proposals,  and
(C) setting forth the criteria upon which the selection was made.
  (ii)  Nothing  in this paragraph shall require or preclude (A) negoti-
ations with any proposers following the  receipt  of  responses  to  the
request  for  proposals, or (B) the rejection of any or all proposals at

A. 2289                            11

any time. Upon the rejection of all proposals, the authority may solicit
new proposals or bids in any manner prescribed in this section.
  (g)  the authority issues a competitive request for proposals pursuant
to the procedures of paragraph (f) of this subdivision for the  purchase
or  rehabilitation  of  rail  cars  and  omnibuses. Any such request may
include among the stated selection criteria the performance of all or  a
portion of the contract at sites within the state of New York or the use
of  goods  produced  or  services provided within the state of New York,
provided however that in no event shall the authority award  a  contract
to  a  manufacturer whose final offer, as expressed in unit cost is more
than ten percent higher than the unit cost of  any  qualified  competing
final  offer, if the sole basis for such award is that the higher priced
offer includes more favorable  provision  for  the  performance  of  the
contract  within  the  state of New York or the use of goods produced or
services provided within the state of New  York,  and  further  provided
that  the authority's discretion to award a contract to any manufacturer
shall not be so limited if a basis for such award, as determined by  the
authority,  is  superior financing, delivery schedule, life cycle, reli-
ability, or any other factor the authority deems relevant to  its  oper-
ations.
  (i) The authority may award a contract pursuant to this paragraph only
after a resolution approved by a vote of not less than a two-thirds vote
of its VOTING members then in office at a public meeting of the authori-
ty  with  such  resolution  (A)  disclosing  the other proposers and the
substance of their proposals, (B) summarizing  the  negotiation  process
including  the  opportunities, if any, available to proposers to present
and modify their proposals, and (C)  setting  forth  the  criteria  upon
which the selection was made.
  (ii)  Nothing  in this paragraph shall require or preclude (A) negoti-
ations with any proposers following the  receipt  of  responses  to  the
request  for  proposals, or (B) the rejection of any or all proposals at
any time.  Upon the rejection of all proposals, the authority may solic-
it new proposals or bids in any manner prescribed in this section.
  S 13. Subdivision 1 of section 1266 of the public authorities law,  as
amended  by  section  23 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
  1. The authority may acquire,  by  purchase,  gift,  grant,  transfer,
contract  or  lease,  any  transportation  facility other than a transit
facility or, subject to subdivision two of this section or any transpor-
tation facility constituting a transit  facility,  wholly  or  partially
within  the  metropolitan  commuter transportation district, or any part
thereof, or the use thereof,  and  may  enter  into  any  joint  service
arrangements  as  hereinafter  provided.  Any  such acquisition or joint
service arrangement shall  be  authorized  only  by  resolution  of  the
authority  approved by not less than a majority vote of the whole number
of VOTING members of the authority then in office, except  that  in  the
event of a tie vote the chairman shall cast one additional vote.
  S  14. Subdivision 3 of section 1266 of the public authorities law, as
amended by chapter 314 of the laws  of  1981,  is  amended  to  read  as
follows:
  3. The authority may establish, levy and collect or cause to be estab-
lished,  levied  and  collected  and,  in  the  case  of a joint service
arrangement, join with others in the establishment, levy and  collection
of  such  fares, tolls, rentals, rates, charges and other fees as it may
deem necessary, convenient or desirable for the use and operation of any
transportation facility and related services operated by  the  authority

A. 2289                            12

or by a subsidiary corporation of the authority or under contract, lease
or  other  arrangement,  including  joint service arrangements, with the
authority. Any such fares, tolls, rentals, rates, charges or other  fees
for  the  transportation  of passengers shall be established and changed
only if approved by resolution of the authority adopted by not less than
a majority vote of the whole number of VOTING members of  the  authority
then  in  office,  with  the  chairman having one additional vote in the
event of a tie vote, and only after a public hearing, provided  however,
that  fares, tolls, rentals, rates, charges or other fees for the trans-
portation of passengers on any  transportation  facility  which  are  in
effect  at  the time that the then owner of such transportation facility
becomes a subsidiary corporation of the authority or at  the  time  that
operation  of such transportation facility is commenced by the authority
or is commenced under contract, lease or  other  arrangement,  including
joint  service  arrangements,  with  the  authority  may be continued in
effect without such a hearing. Such fares, tolls, rentals, rates, charg-
es and other fees shall be established as may in  the  judgment  of  the
authority  be  necessary  to  maintain  the  combined  operations of the
authority and its subsidiary corporations on  a  self-sustaining  basis.
The  said operations shall be deemed to be on a self-sustaining basis as
required by this title, when the authority is able to pay or cause to be
paid from revenue and any other funds or property actually available  to
the  authority  and  its  subsidiary  corporations (a) as the same shall
become due, the principal of and interest on the  bonds  and  notes  and
other  obligations of the authority and of such subsidiary corporations,
together with the maintenance of proper reserves therefor, (b) the  cost
and  expense  of  keeping the properties and assets of the authority and
its subsidiary corporations in good condition and repair,  and  (c)  the
capital  and  operating  expenses  of  the  authority and its subsidiary
corporations. The authority may contract with the holders of  bonds  and
notes  with  respect  to  the  exercise of the powers authorized by this
section. No acts or activities taken or proposed  to  be  taken  by  the
authority  or any subsidiary of the authority pursuant to the provisions
of this subdivision shall be deemed to be "actions" for the purposes  or
within  the  meaning  of article eight of the environmental conservation
law.
  S 15. Subdivision 2 of section 1269 of the public authorities law,  as
amended  by  section  27 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
  2. The notes, bonds and  other  obligations  shall  be  authorized  by
resolution approved by not less than a majority vote of the whole number
of  VOTING  members  of the authority then in office, except that in the
event of a tie vote the chairman shall cast one  additional  vote.  Such
notes,  bonds  and  other obligations shall bear such date or dates, and
shall mature at such time or times, in the case of any such note or  any
renewals thereof not exceeding five years from the date of issue of such
original  note,  and  in  the  case of any such bond not exceeding fifty
years from the date of issue, as  such  resolution  or  resolutions  may
provide.  The  notes, bonds and other obligations shall bear interest at
such rate or rates, be in such denominations, be in  such  form,  either
coupon or registered, carry such registration privileges, be executed in
such  manner,  be  payable  in  such medium of payment, at such place or
places and be subject to such terms of redemption as such resolution  or
resolutions  may  provide. The notes, bonds and other obligations of the
authority may be sold by the authority, at public or  private  sale,  at
such price or prices as the authority shall determine. No notes or bonds

A. 2289                            13

of  the authority may be sold by the authority at private sale, however,
unless such sale and the terms thereof have been approved in writing  by
(a)  the  comptroller, where such sale is not to the comptroller, or (b)
the director of the budget, where such sale is to the comptroller.
  S  16. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 1 of section 1263 of  the
public  authorities  law made by sections nine and ten of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to
expire therewith.