S T A T E O F N E W Y O R K
________________________________________________________________________
6384
2013-2014 Regular Sessions
I N A S S E M B L Y
March 26, 2013
___________
Introduced by M. of A. NOLAN -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend chapter 549 of the laws of 1994, amending the public
authorities law relating to the membership composition of the metro-
politan transportation authority board, in relation to making perma-
nent such provisions; and amending the public authorities law, in
relation to changing non-voting members to voting members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of chapter 549 of the laws of 1994, amending the
public authorities law relating to the membership composition of the
metropolitan transportation authority board, as amended by chapter 576
of the laws of 2011, is amended to read as follows:
S 3. This act shall take effect January 1, 1995 [and shall expire and
be deemed repealed on June 30, 2016 and upon such date the provisions of
law amended by this act shall revert to and be read as if the provisions
of this act had not been enacted].
S 2. Paragraph (a) of subdivision 1 and paragraph (b) of subdivision 4
of section 1263 of the public authorities law, as amended by chapter 549
of the laws of 1994, subparagraph 1 of paragraph (a) of subdivision 1 as
amended by section 3 of part H of chapter 25 of the laws of 2009, are
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, [sixteen] AND TWENTY-TWO other [voting] members, [and two
non-voting and four alternate non-voting members,] as described HEREIN
AND in [subparagraph] SUBPARAGRAPHS two AND THREE 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 thir-
tieth, two thousand nine shall have experience in one or more of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09772-01-3
A. 6384 2
following areas: transportation, public administration, business manage-
ment, 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 authority. Four of the [sixteen voting] TWENTY-TWO
members other than the chairman shall be appointed on the written recom-
mendation of the mayor of the city of New York; and [each of] seven
other [voting] members other than the chairman shall be appointed after
selection from a written list of three recommendations from the chief
executive officer of the county in which the particular member is
required to reside pursuant to the provisions of this subdivision. Of
the members appointed on recommendation of the chief executive officer
of a county, one such member shall be, at the time of appointment, a
resident of the county of Nassau, one a resident of the county of
Suffolk, one a resident of the county of Westchester, one a resident of
the county of Dutchess, one a resident of the county of Orange, one a
resident of the county of Putnam and one a resident of the county of
Rockland, provided that the term of any member who is a resident of a
county that has withdrawn from the metropolitan commuter transportation
district pursuant to section twelve hundred seventy-nine-b of this arti-
cle shall terminate upon the effective date of such county's withdrawal
from such district. Of the five [voting] members, other than the chair-
man, appointed by the governor without recommendation from any other
person OR ENTITY, 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
metropolitan commuter transportation district. The chairman and each of
the members shall be appointed for a term of six years, provided howev-
er, that the chairman first appointed shall serve for a term ending June
thirtieth, nineteen hundred eighty-one, provided that thirty days after
the effective date of the chapter of the laws of two thousand nine which
amended this subparagraph, the term of the chairman shall expire;
provided, further, that such chairman may continue to discharge the
duties of his or her office until the position of chairman is filled by
appointment by the governor upon the advice and consent of the senate
and the term of such new chairman 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 gover-
nor 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 thirtieth, 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] SIX
members APPOINTED PURSUANT TO SUBPARAGRAPHS TWO AND THREE OF THIS PARA-
GRAPH shall serve [until] FOR A TERM ENDING January first, two thousand
[one] TWENTY-ONE. The members from the counties of Dutchess, Orange,
Putnam and Rockland shall cast one collective vote. THE MEMBERS
APPOINTED AS DESCRIBED IN SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL CAST
A. 6384 3
ONE COLLECTIVE VOTE AND THE MEMBERS APPOINTED AS DESCRIBED IN SUBPARA-
GRAPH THREE OF THIS PARAGRAPH SHALL CAST ONE COLLECTIVE VOTE.
(2) There shall be [two non-voting members and four alternate non-vot-
ing members of the authority, as referred to in subparagraph one of this
paragraph.
The first non-voting member shall be a regular mass transit user of
the facilities of the authority and be recommended to the governor by
the New York city transit authority advisory council. The first alter-
nate non-voting member shall be a regular mass transit user of the
facilities of the authority and be recommended to the governor by the
Metro-North commuter council. The second alternate non-voting member
shall be a regular mass transit user of the facilities of the authority
and be recommended to the governor by the Long Island Rail Road
commuter's council], ONE MEMBER APPOINTED ON THE WRITTEN RECOMMENDATION
OF THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL AND WHO SHALL BE
A REGULAR MASS TRANSIT USER OF THE FACILITIES OF THE AUTHORITY, ONE
MEMBER APPOINTED ON THE WRITTEN RECOMMENDATION OF THE METRO-NORTH COMMU-
TER COUNCIL AND WHO SHALL BE A REGULAR MASS TRANSIT USER OF THE FACILI-
TIES OF THE AUTHORITY, AND ONE MEMBER APPOINTED ON THE WRITTEN RECOMMEN-
DATION OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL AND WHO SHALL BE
A REGULAR MASS TRANSIT USER OF THE FACILITIES OF THE AUTHORITY.
[The second non-voting] (3) ONE member shall be recommended to the
governor by the labor organization representing the majority of employ-
ees of the Long Island Rail Road. [The third alternate non-voting] ONE
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] ONE member shall be recom-
mended to the governor by the labor organization representing the major-
ity of employees of the Metro-North Commuter Railroad Company. The
chairman of the authority, at his direction, may exclude [such non-vot-
ing member or alternate non-voting member] MEMBERS APPOINTED UPON RECOM-
MENDATION OF A LABOR ORGANIZATION from attending any portion of a meet-
ing of the authority or of any committee established pursuant to
paragraph (b) of subdivision four of this section held for the purpose
of discussing negotiations with labor organizations.
[The non-voting member and the two alternate non-voting members
representing the New York York city transit authority advisory council,
the Metro-North commuter council, and the Long Island Rail Road
commuter's council shall serve eighteen month rotating terms, after
which time an alternate non-voting member shall become the non-voting
member and the rotation shall continue until each alternate member has
served at least one eighteen month term as a non-voting member. The
other non-voting member and alternate non-voting members representing
the New York city transit authority, Metro-North Commuter Railroad
Company, and the Long Island Rail Road labor organizations shall serve
eighteen month rotating terms, after which time an alternate non-voting
member shall become the non-voting member and the rotation shall contin-
ue until each alternate member has served at least one eighteen month
term as a non-voting member. The transit authority and the commuter
railroads shall not be represented concurrently by the two non-voting
members during any such eighteen month period.]
(b) The chairman shall establish committees to assist him in the
performance of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be a committee on
operations of the New York city transit authority, the Manhattan and
Bronx surface transit operating authority and the Staten Island rapid
A. 6384 4
transit operating authority; a committee on operations of the Long
Island Rail Road and the metropolitan suburban bus authority; a commit-
tee on operations of the Metro-North commuter railroad; a committee on
operations of the Triborough bridge and tunnel authority; a committee on
finance; and a committee on capital program oversight. In addition to
such appointed members, each of the [non-voting] members referred to in
[subparagraph] SUBPARAGRAPHS two AND THREE of paragraph (a) of subdivi-
sion one of this section shall serve on the committee on capital program
oversight, the committee on finance, [the committee on operations of the
Triborough bridge and tunnel authority,] and the operations committee
relevant to the commuter OR RIDER'S council that recommended such
member. [The alternate non-voting members shall each serve on the
respective operations committee relevant to the commuter council that
recommended each member.] The committee on capital program oversight
shall include not less than three members, and shall include the chair-
persons of the committee on operations of the New York city transit
authority, the Manhattan and Bronx surface transit operating authority
and the Staten Island rapid transit operating authority, the committee
on operations of the Long Island Rail Road and the metropolitan suburban
bus authority, and the committee on operations of the Metro-North commu-
ter railroad. Such committee shall, with respect to any approved or
proposed capital program plans, (i) monitor the current and future
availability of funds to be utilized for such plans approved or proposed
to be submitted to the metropolitan transportation capital program
review board as provided in section twelve hundred sixty-nine-b of this
title; (ii) monitor the contract awards of the metropolitan transporta-
tion authority and the New York city transit authority to insure that
such awards are consistent with (A) provisions of law authorizing United
States content and New York state content; (B) collective bargaining
agreements; (C) provisions of law providing for participation by minori-
ty and women-owned businesses; (D) New York state labor laws; (E)
competitive bidding requirements including those regarding sole source
contracts; and (F) any other relevant requirements established by law;
(iii) monitor the award of contracts to determine if such awards are
consistent with the manner in which the work was traditionally performed
in the past provided, however, that any such determination shall not be
admissible as evidence in any arbitration or judicial proceeding; (iv)
review the relationship between capital expenditures pursuant to each
such capital program plan and current and future operating budget
requirements; (v) monitor the progress of capital elements described in
each capital program plan approved as provided in section twelve hundred
sixty-nine-b of this title; (vi) monitor the expenditures incurred and
to be incurred for each such element; and (vii) identify capital
elements not progressing on schedule, ascertain responsibility therefor
and recommend those actions required or appropriate to accelerate their
implementation. The committee shall issue a quarterly report on its
activities and findings, and shall in connection with the preparation of
such quarterly report, consult with the state division of the budget,
the state department of transportation, the members of the metropolitan
transportation authority capital program review board and any other
group the committee deems relevant, including public employee organiza-
tions, and, at least annually, with a nationally recognized independent
transit engineering firm. Such report shall be made available to the
members of the authority, to the members of the metropolitan transporta-
tion authority capital program review board, and the directors of the
municipal assistance corporation for the city of New York.
A. 6384 5
S 3. 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] TWENTY-THREE
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 4. Subdivision 1 of section 552 of the public authorities law, as
amended by chapter 506 of the laws of 2009, is 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]
TWENTY-THREE 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. The chairman of such
board shall be the chairman of metropolitan transportation authority,
serving ex officio, and, provided that there is an executive director of
the metropolitan transportation authority, the executive director of the
authority shall be the executive director of the metropolitan transpor-
tation authority, serving ex officio. Notwithstanding any provision of
law to the contrary, the chairman shall be the chief executive officer
of the authority and shall be responsible for the discharge of the exec-
utive and administrative functions and powers of the authority. The
chairman and executive director, if any, each shall be empowered to
delegate his or her functions and powers 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 director,
if any, shall not be entitled to compensation for their services here-
under but shall be entitled to reimbursement for their actual and neces-
sary expenses incurred in the performance of their official duties.
S 5. This act shall take effect immediately; provided, however, that
sections two, three, and four of this act shall take effect January 1,
2014.