S T A T E O F N E W Y O R K
________________________________________________________________________
2280
2023-2024 Regular Sessions
I N A S S E M B L Y
January 25, 2023
___________
Introduced by M. of A. SIMON, ZINERMAN, MITAYNES, DAVILA, TANNOUSIS --
read once and referred to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the transportation law, in relation to establishing the
Brooklyn-Queens expressway authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "21st Century Approach for the Brooklyn-Queens Expressway".
§ 2. The transportation law is amended by adding a new article 23 to
read as follows:
ARTICLE 23
BROOKLYN-QUEENS EXPRESSWAY AUTHORITY
SECTION 490. LEGISLATIVE FINDINGS AND INTENT.
491. ESTABLISHMENT OF AUTHORITY.
492. POWERS AND DUTIES OF THE AUTHORITY.
493. AUTHORITY MEMBERSHIP.
§ 490. LEGISLATIVE FINDINGS AND INTENT. CRITICAL STRETCHES OF THE
BROOKLYN-QUEENS EXPRESSWAY ARE SUFFERING FROM SIGNIFICANT DETERIORATION
AND WORK MUST BEGIN THIS YEAR TO FIX IT AND ENSURE THE VIABILITY AND
SUSTAINABILITY OF THE I-278 CORRIDOR THROUGH BROOKLYN AND PROVIDE A NEW
TWENTY-FIRST CENTURY ROUTE TO MEET THE NEEDS OF TODAY'S TRAVEL AROUND
BROOKLYN ON I-278 AND ITS CONNECTIONS.
§ 491. ESTABLISHMENT OF AUTHORITY. 1. THERE IS HEREBY CREATED THE
BROOKLYN-QUEENS EXPRESSWAY AUTHORITY (HEREINAFTER REFERRED TO AS "THE
AUTHORITY"), WHICH SHALL BE A BODY CORPORATE AND POLITIC, CONSTITUTING A
PUBLIC BENEFIT CORPORATION. THE PURPOSES OF THE AUTHORITY SHALL BE THE
CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF TRANSPORTATION ALONG
THE BROOKLYN-QUEENS EXPRESSWAY FROM THE VERRAZANO-NARROWS BRIDGE
CONNECTION IN BROOKLYN TO THE KOSCIUSZKO BRIDGE (HEREINAFTER REFERRED TO
AS "THE BQE") AND OTHER IMPROVEMENTS RELATED THERETO.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03431-01-3
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2. THE AUTHORITY IN ITS CORPORATE EXISTENCE SHALL CONTINUE UNTIL
TERMINATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT
SO LONG AS THE AUTHORITY SHALL HAVE BONDS, NOTES AND OTHER OBLIGATIONS
OUTSTANDING, UNLESS ADEQUATE PROVISION HAS BEEN MADE FOR THE PAYMENT
THEREOF IN THE DOCUMENTS SECURING THE SAME. UPON TERMINATION OF THE
EXISTENCE OF THE AUTHORITY, ALL ITS RIGHTS AND PROPERTIES SHALL VEST IN
THE STATE.
§ 492. POWERS AND DUTIES OF THE AUTHORITY. 1. THE AUTHORITY SHALL
STUDY CURRENT CONDITIONS AND DATA, DEVELOP A PLAN TO IMPROVE SUCH CONDI-
TIONS, AND IMPLEMENT SUCH PLAN. SUCH PLAN SHALL ADDRESS THE FOLLOWING:
(A) DETERIORATION OF THE ROADWAY, PARTICULARLY THE SOUTHERN EXTENSION
OF THE BQE KNOWN AS THE GOWANUS EXPRESSWAY;
(B) SHORT-TERM REPAIR, AND THE RECONSTRUCTION OR REPLACEMENT OF THE
TRIPLE CANTILEVERED SECTION OF THE BQE;
(C) POTENTIAL CONSTRUCTION OF TUNNEL ALTERNATIVE TO REPLACE THE GOWAN-
US EXPRESSWAY AND OTHER AREAS OF THE EXPRESSWAY WHERE FEASIBLE;
(D) ENFORCEMENT OF TRUCK WEIGHT LIMITS;
(E) ENVIRONMENTAL, ENVIRONMENTAL JUSTICE AND ENVIRONMENTAL SUSTAINA-
BILITY CONCERNS, INCLUDING BUT NOT LIMITED TO, THE INCLUSION OF TRENDS
AND SCIENTIFIC DEVELOPMENTS IN SUCH AREAS AS VEHICLE EMISSIONS, ALTERNA-
TIVE FUELS, INCLUDING ELECTRIC VEHICLES, DEVELOPMENTS IN TRANSPORTATION
MATERIALS AND CONSTRUCTION, OR OTHER SIMILAR DEVELOPMENTS, AND ALTERNA-
TIVE MODES OF TRANSPORTATION IN ORDER TO ENSURE A JUST TRANSITION FROM
FOSSIL FUELS; AND
(F) SAFETY AND SUSTAINABILITY.
2. SUCH PLAN SHALL BE SUBMITTED TO THE COMMISSIONER FOR APPROVAL
BEFORE FUNDS ARE APPROPRIATED TO THE AUTHORITY FOR THE IMPLEMENTATION OF
SUCH PLAN.
§ 493. AUTHORITY MEMBERSHIP. 1. MEMBERSHIP IN THE AUTHORITY SHALL
INCLUDE:
(A) ONE REPRESENTATIVE FROM THE FEDERAL HIGHWAY ADMINISTRATION;
(B) ONE REPRESENTATIVE FROM THE STATE DEPARTMENT OF TRANSPORTATION;
(C) ONE REPRESENTATIVE FROM THE DEPARTMENT OF TRANSPORTATION FOR THE
CITY OF NEW YORK;
(D) THE BOROUGH PRESIDENT OF THE BOROUGH OF BROOKLYN;
(E) NO MORE THAN THREE INDEPENDENT ENGINEERS, INCLUDING REPRESEN-
TATIVES FROM THE URBAN TRANSPORTATION RESEARCH CENTER OF CUNY; AND
(F) SIX COMMUNITY STAKEHOLDER REPRESENTATIVES FROM COMMUNITIES
THROUGHOUT THE I-278 CORRIDOR WHICH SHALL INCLUDE:
(I) TWO REPRESENTATIVES APPOINTED BY THE SENATE;
(II) TWO REPRESENTATIVES APPOINTED BY THE ASSEMBLY;
(III) ONE REPRESENTATIVE APPOINTED BY THE CITY COUNCIL OF THE CITY OF
NEW YORK; AND
(IV) ONE REPRESENTATIVE APPOINTED BY THE GOVERNOR.
2. MEMBERSHIP IN THE AUTHORITY MAY INCLUDE OTHER COMMUNITY REPRESEN-
TATIVES APPOINTED BY THE CITY COUNCIL OF THE CITY OF NEW YORK, THE
GOVERNOR, THE SENATE AND THE ASSEMBLY; PROVIDED, SUCH MEMBERS SHALL BE
NON-VOTING MEMBERS WHO SHALL NOT BE CONSIDERED IN DETERMINING A QUORUM.
3. THE VOTING MEMBERS SHALL ELECT THE CHAIRPERSON OF THE AUTHORITY
FROM AMONG THEIR NUMBER. A MAJORITY OF THE VOTING MEMBERS OF THE AUTHOR-
ITY SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE
EXERCISE OF ANY POWER OR FUNCTION OF THE AUTHORITY. THE AUTHORITY MAY
DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR TO ITS OFFICERS, AGENTS OR
EMPLOYEES, SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER.
4. THE MEMBERS SHALL SERVE WITHOUT SALARY OR OTHER COMPENSATION, BUT
EACH MEMBER SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECESSARY
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EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER OR HER OFFICIAL
DUTIES. ANYTHING TO THE CONTRARY CONTAINED HEREIN NOTWITHSTANDING, ANY
MEMBER WHO SERVES AS AN EMPLOYEE OF THE AUTHORITY SHALL BE ENTITLED TO
RECEIVE SUCH SALARY AS THE MEMBERS MAY DETERMINE FOR SERVICES AS SUCH
EMPLOYEE. SUCH MEMBERS OTHER THAN THOSE SERVING AS EMPLOYEES OF THE
AUTHORITY MAY ENGAGE IN PRIVATE EMPLOYMENT, OR IN A PROFESSION OR BUSI-
NESS. THE AUTHORITY, ITS MEMBERS, OFFICERS AND EMPLOYEES SHALL BE
SUBJECT TO THE PROVISIONS OF SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF
THE PUBLIC OFFICERS LAW. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
LAW, GENERAL, SPECIAL OR LOCAL, NO OFFICER OF THE STATE, OR OF ANY CIVIL
DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
OR HER OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER ACCEPTANCE OF
MEMBERSHIP ON THE AUTHORITY CREATED BY THIS SECTION.
5. THE CHAIRPERSON MAY REMOVE ANY MEMBER FOR INEFFICIENCY, NEGLECT OF
DUTY OR MISCONDUCT IN OFFICE AFTER GIVING HIM OR HER A COPY OF THE
CHARGES AGAINST HIM OR HER AND AN OPPORTUNITY TO BE HEARD, IN PERSON OR
BY COUNSEL, IN HIS OR HER DEFENSE, UPON NOT LESS THAN TEN DAYS' NOTICE.
IF ANY SUCH MEMBER SHALL BE REMOVED, THE GOVERNOR SHALL FILE IN THE
OFFICE OF THE DEPARTMENT OF STATE A COMPLETE STATEMENT OF THE CHARGES
MADE AGAINST SUCH MEMBER AND HIS OR HER FINDINGS THEREON, TOGETHER WITH
A COMPLETE RECORD OF THE PROCEEDINGS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.