S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11139
 
                           I N  A S S E M B L Y
 
                               June 7, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Ryan) --
   read once and referred to the Committee on  Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  public  authorities law, in relation to various
   transportation authorities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 1299-a of the public authorities law is amended by
 adding two new subdivisions 18 and 19 to read as follows:
   18. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   19. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO  IS  LIMITED
 TO  PUBLIC  TRANSIT  AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 2. Subdivision 1 of section 1299-c of the public authorities law, as
 amended by chapter 220 of the laws of 2012, paragraph (b) as amended  by
 chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter
 176 of the laws of 2012, is amended to read as follows:
   1.  (a)  There  is hereby created the "Niagara Frontier transportation
 authority." The authority shall be a body corporate and politic  consti-
 tuting  a  public  benefit corporation. The authority shall consist of a
 chairman, [ten] NOT MORE THAN TWELVE other members and  shall  have  two
 non-voting members as described in paragraphs (b) and (c) of this subdi-
 vision  appointed  by the governor by and with the advice and consent of
 the senate. The chairman and all  members  shall  be  residents  of  the
 district.  Of  the  [ten]  members other than the chairman, one shall be
 appointed upon the written recommendation of the Erie  county  executive
 [and],  one  shall  be  appointed upon the written recommendation of the
 Erie county legislature, AT LEAST ONE SHALL BE APPOINTED AS A  REPRESEN-
 TATIVE  OF  THE  TRANSIT  DEPENDENT  COMMUNITY AND AT LEAST ONE SHALL BE
 APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT  DEPENDENT  COMMUNITY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00888-03-8

 A. 11139                            2
 
 AS  DESCRIBED  IN  PARAGRAPH  (D) OF THIS SUBDIVISION.  The chairman and
 each of the members shall be  appointed  for  a  term  of  eight  years,
 provided  however,  that  the chairman first appointed shall serve for a
 term  ending  June thirtieth, nineteen hundred seventy-three, and of the
 eight other members first appointed, one shall serve for a  term  ending
 June thirtieth, nineteen hundred sixty-eight, two shall serve for a term
 ending  June thirtieth, nineteen hundred sixty-nine, one shall serve for
 a term ending June thirtieth, nineteen hundred seventy, two shall  serve
 for  a  term  ending  June  thirtieth, nineteen hundred seventy-one, one
 shall serve for a term ending June thirtieth, nineteen hundred  seventy-
 two  and  one  shall  serve  for  a term ending June thirtieth, nineteen
 hundred seventy-three. The term of  one  of  the  members  appointed  to
 memberships  first  created  by  law after April first, nineteen hundred
 sixty-nine shall end on June thirtieth, nineteen  hundred  seventy-four,
 and the term of the other such member shall end on June thirtieth, nine-
 teen  hundred  seventy-five. Following the expiration of any term ending
 on or after June thirtieth, nineteen hundred eighty-seven,  each  member
 shall  be  appointed for a term of five years beginning on the day after
 the expiration date of such prior term; provided, however, that the term
 of the member first appointed upon the  written  recommendation  of  the
 Erie  county  executive  and the term of the member first appointed upon
 the written recommendation of the Erie county legislature shall be for a
 term ending on June thirtieth, nineteen hundred ninety-six.
   (b) The first non-voting member of the  authority  who  shall  not  be
 considered in determining a quorum, shall be recommended to the governor
 by  the  labor  organization representing the plurality of the employees
 within the authority and shall be a resident  of  the  Niagara  Frontier
 transportation  district  as described in section twelve hundred ninety-
 nine-b of this title. Such first non-voting member  shall  be  appointed
 for  a term of five years, provided, however, that if at any time during
 the term of appointment such non-voting member ceases to  be  affiliated
 with  the  labor  organization  representing  the plurality of employees
 within the authority, then such  labor  organization  may  at  any  time
 during  such term recommend a new member to the governor who shall serve
 the remainder of the term. If the local bargaining unit decertifies  its
 existing  union  affiliation  and certifies a new union, the union which
 represents the plurality of the employees may recommend a new member  to
 the governor who shall serve the remainder of the term.  The chairman of
 the  authority,  at  his  or her discretion, may exclude such non-voting
 member from attending any portion of a meeting of the  authority  or  of
 any committee held for the purpose of discussing negotiations with labor
 organizations,  pending  litigation involving the labor organization, or
 the investigation, evaluation, or discipline of an employee.
   (c) There shall also be a second non-voting member of  the  authority,
 who shall not be considered in determining a quorum. The second non-vot-
 ing member shall be appointed by the governor as a representative of the
 transit  dependent community and/or people with disabilities. The second
 non-voting member shall be appointed for a term of five years.
   (D) THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS

 A. 11139                            3
 
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.
   §  3.  Section  1299-bb  of  the  public authorities law is amended by
 adding two new subdivisions 25 and 26 to read as follows:
   25. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   26. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO  IS  LIMITED
 TO  PUBLIC  TRANSIT  AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 4. Subdivision 1 of section 1299-dd of the public  authorities  law,
 as  amended  by  chapter  388 of the laws of 2007, is amended to read as
 follows:
   1. (a) There is hereby created the Rochester-Genesee  regional  trans-
 portation authority. The authority shall be a body corporate and politic
 constituting  a public benefit corporation. It shall consist of at least
 one member from each county that elects to  join  the  authority  except
 that  the  county of Monroe shall have seven members of whom three shall
 be appointed from the city of Rochester and four at large from the coun-
 ty of Monroe and shall have one non-voting member as described in  para-
 graph  (b)  of  this  subdivision,  AT LEAST ONE SHALL BE APPOINTED AS A
 REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNITY AND AT LEAST ONE SHALL
 BE APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT  COMMUNI-
 TY,  AS  DESCRIBED  IN  PARAGRAPH (C) OF THIS SUBDIVISION.   The members
 shall be appointed by the governor by and with the advice and consent of
 the senate. The governor shall make initial appointments to the authori-
 ty in such number and from lists submitted  as  follows:  three  members
 shall  be  appointed  to  the authority from a list of not less than six
 names, all of whom must be residents of the city of Rochester, submitted
 to the governor by the council of the city of  Rochester;  four  persons
 from  a  list  of not less than eight persons, all of whom must be resi-
 dents of the county of Monroe submitted by the legislature of the county
 of Monroe. Other counties electing to participate shall each  submit  to
 the  governor  a  list of not less than two persons for each one hundred
 thousand or major fraction of the total population, as determined by the
 last federal decennial or federal county-wide special census.  From  the
 counties  outside the county of Monroe which shall elect to participate,
 the governor shall appoint one member for each one hundred  thousand  or
 major fraction of the total population, as determined by the last feder-
 al  decennial  or  federal county-wide special census, with a minimum of
 one member to represent each county outside  the  county  of  Monroe  so
 electing to participate. All members of the authority shall be residents
 of the area from which they are nominated.
   (b)  There shall also be one non-voting member of the authority, which
 shall not be considered in determining a quorum. The  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the plurality of the employees within the authority and shall  be
 a  resident of the Rochester-Genesee regional transportation district as
 described in section twelve hundred ninety-nine-cc of  this  title.  The
 non-voting member shall be appointed for a term of five years, provided,
 however, that if at any time during the term of appointment the non-vot-
 ing  member  ceases to be affiliated with the labor organization repres-
 enting the plurality of employees within the authority, then such  labor

 A. 11139                            4
 
 organization  may at any time during such term recommend a new member to
 the governor who shall serve the remainder of the  term.  If  the  local
 bargaining unit decertifies its existing union affiliation and certifies
 a  new  union, the union which represents the plurality of the employees
 may recommend a new member to the governor who shall serve the remainder
 of the term. The chairman of the authority, at his  or  her  discretion,
 may exclude such non-voting member from attending any portion of a meet-
 ing  of  the  authority  or  of  any  committee  held for the purpose of
 discussing negotiations with  labor  organizations,  pending  litigation
 involving  the  labor organization, or the investigation, evaluation, or
 discipline of an employee.
   (C) THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.
   § 5. Section 1301 of the public authorities law is amended  by  adding
 two new subdivisions 26 and 27 to read as follows:
   26.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   27.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  6.  Subdivision 1 of section 1303 of the public authorities law, as
 amended by chapter 388 of the laws  of  2007,  is  amended  to  read  as
 follows:
   1.  (a)  There  is  hereby created the Capital District transportation
 authority. The authority shall be a body corporate and  politic  consti-
 tuting  a  public benefit corporation. It shall consist of not less than
 eight nor more than fifteen members, including a chairman and shall have
 one non-voting member as described in paragraph (b) of this subdivision,
 AT LEAST ONE SHALL BE APPOINTED  AS  A  REPRESENTATIVE  OF  THE  TRANSIT
 DEPENDENT  COMMUNITY  AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESEN-
 TATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNITY, AS  DESCRIBED  IN  PARA-
 GRAPH  (C)  OF THIS SUBDIVISION.   The members shall be appointed by the
 governor by and with the advice and consent of the senate. The  governor
 shall make initial appointments to the authority in such number and from
 lists  submitted  as  follows:  three  members shall be appointed to the
 authority from a list of six names, all of whom shall  be  residents  of
 the  county  of  Albany,  four  of which names shall be submitted to the
 governor by the majority party of the legislature of the county of Alba-
 ny and two of which names shall be submitted by the  minority  party  of
 such legislature; two members shall be appointed to the authority from a
 list  of  four  names,  all  of whom shall be residents of the county of
 Schenectady, three of which names shall be submitted to the governor  by
 the  majority  party of the legislature of the county of Schenectady and
 one of which names shall be submitted by  the  minority  party  of  such

 A. 11139                            5
 
 legislature; two members shall be appointed to the authority from a list
 of  four  names, all of whom shall be residents of the county of Rensse-
 laer, three of which names shall be submitted to  the  governor  by  the
 majority party of the legislature of the county of Rensselaer and one of
 which  names  shall  be submitted by the minority party of such legisla-
 ture; two members shall be appointed to the authority  from  a  list  of
 four  names,  all  of whom shall be residents of the county of Saratoga,
 three of which names shall be submitted to the governor by the  majority
 party  of  the  legislature  of  the county of Saratoga and one of which
 names shall be submitted by the  minority  party  of  such  legislature.
 Other counties electing to participate shall each submit to the governor
 a  list  of two persons each of whom shall be a resident of such county,
 one of which names shall be submitted to the governor  by  the  majority
 party  of the legislature of such county and one of which names shall be
 submitted by the minority party of such legislature, from  which  number
 the  governor  shall appoint one member for each such county so electing
 to participate.
   (b) There shall also be one non-voting member of the authority,  which
 shall  not  be considered in determining a quorum. The non-voting member
 shall be recommended to the governor by the labor  organization  repres-
 enting  the plurality of the employees within the authority and shall be
 a resident of the Capital District transportation district as  described
 in  section  thirteen  hundred  two of this title. The non-voting member
 shall be appointed for a term of five years, provided, however, that  if
 at  any time during the term of appointment the non-voting member ceases
 to be affiliated with the labor organization representing the  plurality
 of  employees  within the authority, then such labor organization may at
 any time during such term recommend a new member  to  the  governor  who
 shall  serve  the  remainder  of  the term. If the local bargaining unit
 decertifies its existing union affiliation and certifies  a  new  union,
 the  union which represents the plurality of the employees may recommend
 a new member to the governor who shall serve the remainder of the  term.
 The  chairman  of  the  authority, at his or her discretion, may exclude
 such non-voting member from attending any portion of a  meeting  of  the
 authority or of any committee held for the purpose of discussing negoti-
 ations  with labor organizations, pending litigation involving the labor
 organization, or the investigation,  evaluation,  or  discipline  of  an
 employee.
   (C)  THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
 THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND  PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE  AUTHORITY  IN  SUCH  NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL  AND  STATEWIDE
 TRANSIT  ADVOCACY  ORGANIZATIONS.  THE  MEMBERS  SHALL BE RESIDENTS OF A
 COUNTY DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVISION.    THE  MEMBERS
 SHALL  BE  APPOINTED  FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
 FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN  SIX
 MONTHS.
   §  7.  Section 1326 of the public authorities law is amended by adding
 two new subdivisions 26 and 27 to read as follows:
   26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.

 A. 11139                            6
 
   27. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO  IS  LIMITED
 TO  PUBLIC  TRANSIT  AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  8.  Subdivision 1 of section 1328 of the public authorities law, as
 separately amended by chapters 388 and 396  of  the  laws  of  2007,  is
 amended to read as follows:
   1. (a) There is hereby created the central New York regional transpor-
 tation  authority.  The  authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of not  more
 than  twelve members, including a chairman and shall have one non-voting
 member as described in paragraph (b) of this subdivision, AT  LEAST  ONE
 SHALL BE APPOINTED AS A REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNI-
 TY  AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESENTATIVE OF THE PARA-
 TRANSIT DEPENDENT COMMUNITY, AS  DESCRIBED  IN  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION.  The members shall be appointed by the governor by and with
 the  advice  and  consent of the senate. The governor shall make initial
 appointments to the authority in such number and from lists submitted as
 follows: three members shall be appointed to the authority from  a  list
 of  not  less  than  six  names, submitted to the governor by the common
 council of the city of Syracuse, five persons from a list  of  not  less
 than  ten  names, submitted by the legislature of the county of Onondaga
 and two members shall be appointed from a list of  not  less  than  four
 names  submitted by the legislature of the county of Oneida. Other coun-
 ties electing to participate shall each submit to the governor a list of
 not less than two persons for each one hundred thousand or  major  frac-
 tion  of  the  total  population,  as determined by the nineteen hundred
 seventy or any  subsequent  federal  decennial  or  federal  county-wide
 special  census,  of  the  counties outside the county of Onondaga which
 shall elect to participate, from which number the governor shall appoint
 one member for each one hundred thousand or major fraction of the  total
 population,  as  determined by such federal decennial or federal county-
 wide special census, with a maximum of three members to  represent  such
 counties outside the county of Onondaga so electing to participate.
   (b)  There shall also be one non-voting member of the authority, which
 shall not be considered in determining a quorum. The  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the plurality of the employees within the authority. The non-vot-
 ing member shall be appointed for  a  term  of  seven  years,  provided,
 however, that if at any time during the term of appointment the non-vot-
 ing  member  ceases to be affiliated with the labor organization repres-
 enting the plurality of employees within the authority, then such  labor
 organization  may at any time during such term recommend a new member to
 the governor who shall serve the remainder of the  term.  If  the  local
 bargaining unit decertifies its existing union affiliation and certifies
 a  new  union, the union which represents the plurality of the employees
 may recommend a new member to the governor who shall serve the remainder
 of the term. The chairman of the authority, at his  or  her  discretion,
 may exclude such non-voting member from attending any portion of a meet-
 ing  of  the  authority  or  of  any  committee  held for the purpose of
 discussing negotiations with  labor  organizations,  pending  litigation
 involving  the  labor organization, or the investigation, evaluation, or
 discipline of an employee.
   (C) THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT

 A. 11139                            7

 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS.
   § 9. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.