S T A T E O F N E W Y O R K
________________________________________________________________________
745
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. KELLNER, TITUS, BING, CAHILL, ROSENTHAL, WEISEN-
BERG, ZEBROWSKI -- Multi-Sponsored by -- M. of A. ABBATE, BENEDETTO,
BOYLAND, CUSICK, FINCH, GLICK, GOTTFRIED, HOOPER, MENG, PAULIN, PHEF-
FER, RAIA, REILLY, J. RIVERA, P. RIVERA, SPANO, TITONE -- read once
and referred to the Committee on Corporations, Authorities and Commis-
sions
AN ACT to amend the public authorities law, in relation to the board of
the metropolitan transportation authority; and in relation to the
establishment of the metropolitan transit authority riders' council
for people with disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs 1 and 2 of paragraph (a) of subdivision 1 of
section 1263 of the public authorities law, subparagraph 1 as amended by
section 3 of part H of chapter 25 of the laws of 2009 and subparagraph 2
as amended by chapter 549 of the laws of 1994, are amended to read as
follows:
(1) 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 TWENTY-FOUR
MEMBERS AND SHALL INCLUDE a [chairman] CHAIRPERSON, sixteen 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, engineering, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00686-01-1
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authority. Four of the sixteen voting members other than the [chairman]
CHAIRPERSON shall be appointed on the written recommendation of the
mayor of the city of New York; 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 resi-
dent 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 with-
drawn from the metropolitan commuter transportation district pursuant to
section twelve hundred seventy-nine-b of this [article] TITLE shall
terminate upon the effective date of such county's withdrawal from such
district. Of the five voting members, other than the [chairman] CHAIR-
PERSON, 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 aforementioned counties in the metropol-
itan commuter transportation district. 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 TWENTY-FIVE 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 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 coun-
ty 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 two non-voting and four
alternate non-voting members shall serve until January first, two thou-
sand one. The members from the counties 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 MASS TRANSIT facilities of the authority and be recommended to the
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governor by the New York city transit authority advisory council. The
first 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 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 [chairman] CHAIRPERSON 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 transit authority and the commuter railroads shall not be
represented concurrently by the two non-voting members during any such
eighteen month period.
THE THIRD NON-VOTING MEMBER SHALL BE A REGULAR USER OF THE MASS TRANS-
IT FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVERNOR BY THE
METROPOLITAN TRANSPORTATION AUTHORITY RIDERS' COUNCIL FOR PEOPLE WITH
DISABILITIES AND SHALL SERVE AN EIGHTEEN MONTH TERM.
S 2. Paragraph (a) of subdivision 1 of section 1263 of the public
authorities law, as amended by section 4 of part H of chapter 25 of the
laws of 2009, 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 and] CHAIRPERSON, sixteen other VOTING members appointed by
the governor by and with the advice and consent of the senate, AND 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 of expertise: trans-
portation, public administration, business management, finance, account-
ing, law, engineering, land use, urban and regional planning, management
of large capital projects, labor relations, or have experience in some
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other area of activity central to the mission of the authority. Four of
the sixteen members other than the [chairman] CHAIRPERSON shall be
appointed on the written recommendation of the mayor of the city of New
York; and each of seven other members other than the [chairman] CHAIR-
PERSON 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;
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 article 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.
The [chairman] CHAIRPERSON and each of the members shall be appointed
for a term of six years, provided however, that the [chairman] CHAIR-
PERSON first appointed shall serve for a term ending June thirtieth,
nineteen hundred eighty-one, provided that thirty days after the effec-
tive date of the chapter of the laws of two thousand nine which amended
this paragraph, the term of the [chairman] CHAIRPERSON shall expire;
provided, further, that such [chairman] CHAIRPERSON may continue to
discharge the duties of his 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 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 members from the counties
of Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
(2) THERE SHALL BE 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 USER OF THE MASS TRANS-
IT FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVERNOR BY THE
NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL. THE FIRST ALTERNATE
NON-VOTING MEMBER SHALL BE A REGULAR MASS TRANSIT USER OF THE FACILITIES
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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 CHAIRPERSON OF THE AUTHORITY, AT
HIS DIRECTION, MAY EXCLUDE SUCH NON-VOTING MEMBER OR ALTERNATE NON-VOT-
ING 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 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 EIGH-
TEEN 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 TRANSIT AUTHORITY AND THE COMMUTER RAILROADS SHALL NOT BE
REPRESENTED CONCURRENTLY BY THE TWO NON-VOTING MEMBERS DURING ANY SUCH
EIGHTEEN MONTH PERIOD.
THE THIRD NON-VOTING MEMBER SHALL BE A REGULAR USER OF THE MASS TRANS-
IT FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVERNOR BY THE
METROPOLITAN TRANSPORTATION AUTHORITY RIDERS' COUNCIL FOR PEOPLE WITH
DISABILITIES AND SHALL SERVE AN EIGHTEEN MONTH TERM.
S 3. The public authorities law is amended by adding a new section
1266-j to read as follows:
S 1266-J. METROPOLITAN TRANSPORTATION AUTHORITY RIDERS' COUNCIL FOR
PERSONS WITH DISABILITIES. 1. THERE IS HEREBY CREATED THE "METROPOLITAN
TRANSIT AUTHORITY RIDERS' COUNCIL FOR PEOPLE WITH DISABILITIES", TO
STUDY, INVESTIGATE, MONITOR, AND MAKE RECOMMENDATIONS WITH RESPECT TO
THE ACCOMMODATION OF THE NEEDS AND CONVENIENCE OF PEOPLE WITH DISABILI-
TIES TO THE METROPOLITAN TRANSPORTATION AUTHORITY AND ITS SUBSIDIARIES
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT. SUCH COUNCIL
SHALL STUDY AND INVESTIGATE ALL ASPECTS OF THE DAY-TO-DAY OPERATIONS OF
SUCH AUTHORITY AND ITS SUBSIDIARIES, MONITOR THEIR PERFORMANCE, AND
RECOMMEND CHANGES TO IMPROVE THE EFFICIENCY OF THE OPERATION THEREOF ALL
WITH RESPECT TO THE ACCOMMODATION OF THE NEEDS AND CONVENIENCE OF PEOPLE
WITH DISABILITIES.
2. SUCH COUNCIL SHALL CONSIST OF FIFTEEN MEMBERS WHO SHALL BE COMMU-
TERS WHO REGULARLY USE THE TRANSPORTATION SERVICES OF SUCH AUTHORITIES
AND WHO ARE PEOPLE WITH DISABILITIES AS DEFINED IN ANY APPLICABLE STATE
OR FEDERAL LAW. EACH MEMBER SHALL BE APPOINTED BY THE GOVERNOR, ONE
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UPON THE RECOMMENDATION OF THE MAYOR OF THE CITY OF NEW YORK; ONE UPON
THE RECOMMENDATION OF THE PRESIDENT OF THE CITY COUNCIL OF THE CITY OF
NEW YORK; ONE UPON THE RECOMMENDATION OF THE NEW YORK STATE COMPTROLLER;
FIVE OTHER MEMBERS UPON THE RECOMMENDATION OF EACH OF THE BOROUGH PRESI-
DENTS OF THE BOROUGHS OF THE CITY OF NEW YORK; ONE UPON THE RECOMMENDA-
TION BY THE COUNTY EXECUTIVE OF NASSAU; ONE UPON THE RECOMMENDATION BY
THE COUNTY EXECUTIVE OF SUFFOLK; ONE UPON THE RECOMMENDATION BY THE
COUNTY EXECUTIVE OF WESTCHESTER; ONE UPON THE RECOMMENDATION BY THE
COUNTY EXECUTIVE OF ROCKLAND; ONE UPON THE RECOMMENDATION BY THE COUNTY
EXECUTIVE OF PUTNAM; ONE UPON THE RECOMMENDATION BY THE COUNTY EXECUTIVE
OF DUTCHESS; AND ONE UPON THE RECOMMENDATION BY THE COUNTY EXECUTIVE OF
ORANGE. THE CHAIR SHALL BE A MEMBER SELECTED BY THE MEMBERSHIP OF THE
COMMITTEE. EACH OF THE MEMBERS SHALL SERVE FOR A TERM OF TWO YEARS.
VACANCIES THAT OCCUR OTHER THAN BY EXPIRATION OF TERM SHALL BE FILLED IN
THE SAME MANNER AS THE ORIGINAL APPOINTMENTS FOR THE BALANCE OF THE
UNEXPIRED TERM.
3. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
4. TO THE EXTENT THAT ANY FUNDS ARE MADE AVAILABLE TO THE COUNCIL FOR
THE PURPOSES OF THIS SUBDIVISION, THE COUNCIL MAY PROVIDE RESOURCES AS
ARE NECESSARY TO PROVIDE SUPPORT SERVICES TO THE COUNCIL AS NECESSARY OR
CONVENIENT TO ALLOW MEMBERS TO PERFORM THEIR DUTIES INCLUDING, BUT NOT
LIMITED TO, TRANSPORTATION, TELECOMMUNICATIONS AND ACCESSIBLE TECHNOLOGY
SUPPORT, AND MAY EMPLOY ADDITIONAL STAFF AND CONSULTANTS AND INCUR OTHER
EXPENSES TO CARRY OUT ITS DUTIES, TO BE PAID FROM AMOUNTS WHICH MAY BE
MADE AVAILABLE TO THE COUNCIL FOR SUCH PURPOSE.
5. THE COUNCIL MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT,
DIVISION, BOARD, BUREAU, COMMISSION, AGENCY, PUBLIC AUTHORITY OF THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND DATA AS
WILL ENABLE IT PROPERLY TO CARRY OUT ITS ACTIVITIES UNDER THIS SECTION
AND EFFECTUATE THE PURPOSES SET FORTH IN THIS SECTION.
S 4. This act shall take effect immediately; provided that the amend-
ment to subparagraphs 1 and 2 of 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 chapter 549 of the laws of 1994 as amended, when upon such
date the provisions of section two of this act shall take effect.