S. 5023 2
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
S. 5023 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
S. 5023 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.
S. 5023 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
S. 5023 6
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
S. 5023 7
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-
S. 5023 8
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:
S. 5023 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
S. 5023 10
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
S. 5023 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
S. 5023 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
S. 5023 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.
