S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2319
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN  ACT to amend the public authorities law, in relation to establishing
   a committee on safety within the metropolitan transportation authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  4 of section 1263 of the
 public authorities law, as amended by chapter 549 of the laws  of  1994,
 is amended to read as follows:
   (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
 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; AND A COMMITTEE
 ON SAFETY. In addition to such appointed members, each of the non-voting
 members  referred to in subparagraph two of paragraph (a) of subdivision
 one of this section shall serve on  the  committee  on  capital  program
 oversight,  the  committee  on  finance,  THE  COMMITTEE  ON SAFETY, the
 committee on operations of the Triborough bridge and  tunnel  authority,
 and  the  operations  committee  relevant  to  the commuter 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  AND THE COMMITTEE ON SAFETY shall include not less than three
 members, and shall include the chairpersons of the  committee  on  oper-
 ations  of  the New York city transit authority, the Manhattan and Bronx
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07575-01-7

 A. 2319                             2
 
 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 commuter railroad. [Such] THE COMMITTEE ON
 SAFETY  SHALL  CONVENE  AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIR-
 PERSON, THAT IS A MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE
 COMMITTEE ON SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS,  OR
 FAILURES  INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND (3)
 THE PUBLIC AT LARGE, IN RELATION TO AUTHORITY FACILITIES  AND  SERVICES.
 THE  CAPITAL  PROGRAM  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  CAPITAL  PROGRAM 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
 organizations, and, at least  annually,  with  a  nationally  recognized
 independent  transit  engineering firm. Such report shall be made avail-
 able to the members of the authority, to the members of the metropolitan
 transportation authority capital program review board, and the directors
 of the municipal assistance corporation for the city of New York.
   § 2. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
 authorities  law,  as  amended  by  chapter  494 of the laws of 1990, is
 amended to read as follows:
   (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
 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

 A. 2319                             3
 
 operations of the Triborough bridge and tunnel authority; a committee on
 finance; [and] a committee on capital program oversight; AND A COMMITTEE
 ON SAFETY. The committee on capital program oversight shall include  not
 less  than  [three]  FOUR members, and shall include the chairpersons 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 commuter railroad,
 AND THE COMMITTEE ON  SAFETY.  [Such]  THE  COMMITTEE  ON  SAFETY  SHALL
 CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIRPERSON, THAT IS A
 MEMBER  OF  THE  COMMITTEE  ON  SAFETY, SHALL REPORT TO THE COMMITTEE ON
 SAFETY ANY AND ALL  INITIATIVES,  CONCERNS,  IMPROVEMENTS,  OR  FAILURES
 INVOLVING  THE  SAFETY  OF:  (1)  CUSTOMERS;  (2) EMPLOYEES; AND (3) THE
 PUBLIC AT LARGE, IN RELATION TO AUTHORITY FACILITIES AND  SERVICES.  THE
 CAPITAL  PROGRAM  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  CAPITAL  PROGRAM 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
 organizations, and, at least  annually,  with  a  nationally  recognized
 independent  transit  engineering firm. Such report shall be made avail-
 able to the members of the authority, to the members of the metropolitan
 transportation authority capital program review board, and the directors
 of the municipal assistance corporation for the city of New York.
   § 3. This act shall take effect immediately, provided that the  amend-
 ments  to  paragraph  (b) of subdivision 4 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 subdivision pursuant to section 3 of

 A. 2319                             4
 
 chapter 549 of the laws of 1994, as amended, when  upon  such  date  the
 provisions of section two of this act shall take effect.