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

                                   982

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. KELLNER, DINOWITZ, RIVERA, WEISENBERG, JAFFEE,
  ROSENTHAL, MILLMAN, SCHIMEL -- Multi-Sponsored by -- M. of A.  CAHILL,
  COOK,  GLICK,  McDONOUGH -- read once and referred to the Committee on
  Corporations, Authorities and Commissions

AN ACT to amend the public authorities  law,  in  relation  to  ensuring
  public  accessibility  in  certain  mass  transit  and  rapid  transit
  stations

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

  Section  1.  Section 1277 of the public authorities law, as amended by
chapter 161 of the laws of 2000, is amended to read as follows:
  S 1277. Station operation and maintenance. The operation,  maintenance
and  use  of  passenger stations shall be public purposes of the city of
New York and the counties within the district.  1. (A) The total cost to
the authority and each of  its  subsidiary  corporations  of  operation,
maintenance  and  use  of  each  passenger  station  within the district
serviced by one or more railroad facilities of the authority or of  such
subsidiary  corporation,  including  the buildings, appurtenances, plat-
forms, lands and approaches incidental or  adjacent  thereto,  shall  be
borne  by  the  city of New York if such station is located in such city
or, if not located in such city, by such county within the  district  in
which such station is located. On or before June first of each year, the
authority  shall, in accordance with the method specified herein, deter-
mine and certify to the city of New York and to each county  within  the
district  the  respective  allocation of costs related to the operation,
maintenance and use of passenger stations within such city and each such
other county, for the twelve month period  ending  the  preceding  March
thirty-first.
For  the  year commencing April first, nineteen hundred ninety-nine, the
total payment amount to be billed by the authority  for  the  operation,

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

                                                           LBD01829-01-3

A. 982                              2

maintenance  and  use  of  each passenger station within the city of New
York and the counties of Nassau, Suffolk, Westchester, Dutchess, Putnam,
Orange, and Rockland shall be calculated by  summing  the  total  amount
listed  in  the  base  amount table plus an adjustment to such base year
amount equal to the base amount times the increase or  decrease  in  the
Consumer  Price  Index for Wage Earners and Clerical Workers for the New
York, Northeastern-New Jersey Standard Metropolitan Statistical Area for
the twelve-month period being billed.

                            BASE AMOUNT TABLE
       County                                Base Amount
       Nassau                                $19,200,000
       Suffolk                               $11,834,091
       Westchester                           $13,269,310
       Dutchess                              $ 1,581,880
       Putnam                                $   618,619
       Orange                                $   327,247
       Rockland                              $    34,791
       City of New York                      $61,435,330

For each year thereafter, such total payment for each such county  shall
be  the  same  amount  as the total payment during the immediately prior
year, plus an adjustment equal  to  the  prior  year  amount  times  the
increase  or  decrease  in the Consumer Price Index for Wage Earners and
Clerical Workers for the  New  York,  Northeastern-New  Jersey  Standard
Metropolitan Statistical Area for the twelve-month period being billed.
  (B)  On  or  before  the following September first, of each year, such
city and each such county shall pay to the authority such cost or amount
so certified to it on or before the preceding June first. Such city  and
each  such  county  shall  have power to finance such costs to it by the
issuance of budget notes pursuant to section 29.00 of the local  finance
law. For the year beginning April first, two thousand four, the authori-
ty,  the city of New York and the counties of Nassau, Suffolk, Westches-
ter, Dutchess, Putnam, Orange, and Rockland may, after having reached an
agreement, recommend to the legislature modifications to the amounts set
forth above based upon changes made to commuter services  including  but
not  limited  to changes in the number of passenger stations within such
counties or the level of commuter rail  service  provided  to  any  such
passenger  stations. Failure between the authority and between the coun-
ties to reach agreement will be referred to the  state  comptroller  for
mediation.  If  the  mediation is unsuccessful, each party and the state
comptroller may submit a recommendation to the governor and the legisla-
ture for legislative action.
  (C) In the event that a city or county shall fail to make  payment  to
the  authority  for  station  maintenance  as  required pursuant to this
section, or any part thereof, the chief executive officer of the author-
ity or such other person as the chairman shall designate  shall  certify
to  the  state comptroller the amount due and owing the authority at the
end of the state fiscal year and the state comptroller shall withhold an
equivalent amount from the next succeeding state aid allocated  to  such
county  or  city from the motor fuel tax and the motor vehicle registra-
tion fee distributed pursuant to former section one  hundred  twelve  of
the highway law, or amounts distributed pursuant to section ten-c of the
highway  law,  or per capita local assistance pursuant to section fifty-
four of the state finance law  subject  to  the  following  limitations:
prior to withholding amounts due the authority from such county or city,

A. 982                              3

the  comptroller  shall pay in full any amount due the state of New York
municipal bond bank agency, on account of any such  county's  or  city's
obligation  to such agency; the city university construction fund pursu-
ant  to the provisions of the city university construction fund act; the
New  York  city  housing  development  corporation,  pursuant   to   the
provisions  of  the  New  York  city housing development corporation act
(article twelve of the private housing finance  law);  and  the  transit
construction  fund pursuant to the provisions of title nine-A of article
five of this chapter. The comptroller shall give  the  director  of  the
budget notification of any such payment. Such amount or amounts so with-
held by the comptroller shall be paid to the authority and the authority
shall  use  such  amount  for the repayment of the state advances hereby
authorized. When such amount or amounts are received by  the  authority,
it  shall  credit  such amounts against any amounts due and owing by the
city or county on whose account such amount was withheld and paid.
  2. NOTWITHSTANDING ANY LAW, ADMINISTRATIVE CODE, RULE OR REGULATION TO
THE CONTRARY, THE MAINTENANCE OF ESCALATORS, ELEVATORS, WHEELCHAIR LIFTS
ON CITY BUSES AND OTHER FACILITIES IN PASSENGER STATIONS THAT EXPAND USE
TO PERSONS WITH DISABILITIES SHALL BE A PRIORITY OF THE AUTHORITY.   THE
AUTHORITY  SHALL PROVIDE FOR A DAILY INSPECTION OF EACH SUCH STATION AND
CITY BUS. IF AN ESCALATOR, ELEVATOR, WHEELCHAIR LIFT OR  OTHER  FACILITY
IS  DEEMED  INOPERABLE DURING SUCH INSPECTION, THE AUTHORITY SHALL IMME-
DIATELY INITIATE REPAIR AND FILE A WRITTEN  REPORT  WITH  THE  AUTHORITY
INSPECTOR  GENERAL AND THE MANAGEMENT ADVISORY BOARD. IF SUCH ESCALATOR,
ELEVATOR, WHEELCHAIR LIFT OR OTHER FACILITY IS DEEMED INOPERABLE FOR TWO
OR MORE CONSECUTIVE DAILY INSPECTIONS,  SUCH  INSPECTOR  GENERAL  SHALL,
UPON  REVIEW  OF THE REPAIR STATUS, ISSUE OR APPROVE AN EMERGENCY REPAIR
ORDER AND SHALL MONITOR THE REPAIR PROCESS OF SUCH  FACILITY  TO  ENSURE
EXPEDITIOUS  RETURN TO SERVICE. FOR PURPOSES OF THIS SECTION, AN ESCALA-
TOR, ELEVATOR, WHEELCHAIR LIFT OR  OTHER  FACILITY  MUST  BE  CONSIDERED
INOPERABLE  WHEN  IT  CANNOT REASONABLY ACCOMMODATE A WHEELCHAIR USER OR
OTHER PERSONS WITH DISABILITIES IN THE WAY IT  WAS  ORIGINALLY  DESIGNED
TO.   DAILY INSPECTIONS AND REPORTS SHALL CONTINUE DURING EACH PERIOD OF
REPAIR FOR THE ANNUAL REPORTING  REQUIREMENTS  PROVIDED  IN  SUBDIVISION
FOUR OF SECTION TWELVE HUNDRED SEVENTY-NINE-A OF THIS TITLE.
  S 2. Section 1279-a of the public authorities law, as added by chapter
427 of the laws of 1983, is amended to read as follows:
  S 1279-a. Management advisory board. 1. There is hereby created in the
office  of the metropolitan transportation authority inspector general a
management advisory board, consisting of thirteen members  appointed  by
the  governor,  of  whom  two  shall be appointed upon nomination by the
temporary president of the senate, two upon nomination by the speaker of
the assembly, one upon nomination by the minority leader of  the  senate
and  one  upon  nomination  by  the minority leader of the assembly. All
members shall serve for a term of three years, except that, of  the  two
members  first  appointed  upon nomination by the temporary president of
the senate, one shall serve for a term of two years and one shall  serve
for  a  term  of one year; of the two members first appointed upon nomi-
nation by the speaker of the assembly, one shall serve for a term of two
years and one shall serve for a term of one year; and,  of  two  of  the
members  first appointed by the governor without nomination by any other
person, two shall each serve for a term of two years and two shall  each
serve  for  a  term  of  one  year.  One of the members appointed to the
management advisory board directly by the governor shall  be  designated
by the governor to serve as its [chairman] CHAIRPERSON.

A. 982                              4

  2.  All members of the management advisory board shall be residents of
the metropolitan transportation district, PATRONS OF  THE  MASS  TRANSIT
AND  RAPID TRANSIT SYSTEMS and shall be persons with substantial experi-
ence in the management of private enterprise, in the delivery of  public
services, or in labor or labor-management relations.
  3.  The management advisory board shall assist the metropolitan trans-
portation authority inspector general in  identifying  ways  to  improve
services,  ACCESSIBILITY  FOR  PERSONS WITH DISABILITIES, MAINTENANCE OF
PASSENGER STATIONS AND WHEELCHAIR LIFTS ON CITY BUSES, reduce costs  and
increase  the  efficiency  of  the  authority  and its subsidiaries, the
Triborough bridge and tunnel authority or  the  New  York  city  transit
authority and its subsidiary.
  4.  No later than April first, nineteen hundred eighty-four, and annu-
ally thereafter, the management  advisory  board  shall  submit  to  the
governor  and  the  legislature  a  report  on its activities during the
previous year.
  5. The office of the metropolitan transportation  authority  inspector
general  shall  provide  the  management  advisory board with such staff
support as may be required for the performance of its duties.
  6. Members of  the  management  advisory  board  shall  serve  without
compensation,  but  shall be reimbursed for expenses reasonably incurred
in the performance of their duties.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.