Senate Bill S2830

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2830
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law and the  transportation  law,
   in  relation  to  establishing the big apple transit authority and the
   commuter transportation authority for the purpose  of  providing  such
   authorities  with  municipal  control  over  the  New York city subway
   system; and to repeal certain provisions of the public authorities law
   relating thereto (Part A); to amend the  public  authorities  law,  in
   relation  to  establishing  the big apple transit authority within the
   New York city transit authority (Part B); to amend the public authori-
   ties law, in relation to establishing the big apple transit authority;
   and to repeal subdivision 5 of section 553-k of the public authorities
   law relating thereto (Part C); to amend the public authorities law  in
   relation to establishing the big apple transit authority (Part D); and
   to  amend  the public authorities law, in relation to establishing the
   commuter transportation authority (Part E)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 which establish the Big Apple Transit Authority and the Commuter Transit
 Authority. Each component is wholly contained within a  Part  identified
 as  Parts  A through E. The effective date for each particular provision
 contained within such Part is set forth in  the  last  section  of  such
 Part.  Any  provision  in any section contained within a Part, including
 the effective date of the Part, which makes a reference to a section "of
 this act", when used in connection with that particular component, shall
 be deemed to mean and refer to the corresponding section of the Part  in
 which  it  is  found.  Section  three of this act sets forth the general
 effective date of this act.
 
                                  PART A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01134-01-3
              

 S. 2830                             2
 
   Section 1. Section 1261 of the public authorities law, as  amended  by
 section  1 of part H of chapter 25 of the laws of 2009, subdivision 18-a
 as amended by section 1 of part PP of chapter 58 of the laws of 2017, is
 amended to read as follows:
   §  1261.  Definitions.  As used or referred to in this title, unless a
 different meaning clearly appears from the context:
   1. "Authority" shall mean the corporation created  by  section  twelve
 hundred sixty-three of this title.
   2.  ["Authority facilities" shall mean the authority's railroad, omni-
 bus, marine and aviation facilities and  operations  pursuant  to  joint
 service arrangements.
   3.]  "Budget"  shall  mean the preliminary, final proposed and adopted
 final plans of the authority, and each of its agencies.
   [4.] 3. "Comptroller" shall mean the comptroller of the state  of  New
 York.
   [5.]  4.  "Equipment"  shall  mean rolling stock, omnibuses, vehicles,
 air, marine or surface craft, motors,  boilers,  engines,  wires,  ways,
 conduits   and  mechanisms,  machinery,  tools,  implements,  materials,
 supplies, instruments and devices of every  nature  whatsoever  used  or
 useful for transportation purposes or for the generation or transmission
 of  motive  power including but not limited to all power houses, and all
 apparatus and all devices for signalling, communications and ventilation
 as may be necessary, convenient or desirable  for  the  operation  of  a
 transportation facility.
   [6.]  5. "Federal government" shall mean the United States of America,
 and any officer, department, board, commission, bureau, division, corpo-
 ration, agency or instrumentality thereof.
   [7. "Gap" shall mean the difference  between  projected  revenues  and
 expenses for any given fiscal year based on the existing fare structure.
   8. "Gap-closing initiative" shall mean any action to reduce a project-
 ed gap.
   9.] 6. "Governor" shall mean the governor of the state of New York.
   [10.] 7. "Joint service arrangements" shall mean agreements between or
 among  the  authority  and  any common carrier or freight forwarder, the
 state, any state agency, the federal  government,  any  other  state  or
 agency  or  instrumentality thereof, any public authority of this or any
 other state, or any political subdivision or municipality of the  state,
 relating  to  property,  buildings,  structures,  facilities,  services,
 rates, fares, classifications, divisions, allowances or charges (includ-
 ing charges between operators of railroad, omnibus, marine and  aviation
 facilities),  or  rules  or  regulations  pertaining  thereto, for or in
 connection with or incidental to transportation in part in or upon rail-
 road, omnibus, marine or aviation facilities located within the district
 and in part in or upon railroad, omnibus, marine or aviation  facilities
 located outside the district.
   [11.]  8.  "Marine  and  aviation facilities" shall mean equipment and
 craft for the transportation  of  passengers,  mail  and  cargo  between
 points within the district or pursuant to joint service arrangements, by
 marine  craft  and  aircraft  of  all types including but not limited to
 hydrofoils, ferries, lighters, tugs,  barges,  helicopters,  amphibians,
 seaplanes  or  other contrivances now or hereafter used in navigation or
 movement on waterways or in the navigation of or flight in airspace.  It
 shall also mean any marine port or airport facility within the transpor-
 tation  district but outside the port of New York district as defined in
 chapter one hundred fifty-four of the laws of nineteen  hundred  twenty-
 one,  including  but  not limited to terminals, docks, piers, bulkheads,
 S. 2830                             3
 
 ramps or any facility or real property necessary, convenient or  desira-
 ble  for the accommodation of passengers and cargo or the docking, sail-
 ing, landing, taking off, accommodation  or  servicing  of  such  marine
 craft or aircraft.
   [12.]  9.  "Omnibus facilities" shall mean motor vehicles, of the type
 operated by carriers subject to the jurisdiction of the  public  service
 commission,  engaged  in  the  transportation  of  passengers  and their
 baggage, express and mail between points within the district or pursuant
 to joint  service  arrangements,  and  equipment,  property,  buildings,
 structures,  improvements,  loading or unloading areas, parking areas or
 other facilities, necessary, convenient or desirable  for  the  accommo-
 dation  of  such  motor  vehicles or their passengers, including but not
 limited to buildings, structures and areas notwithstanding that portions
 may not be devoted to any omnibus purpose other than the  production  of
 revenues  available  for the costs and expenses of all or any facilities
 of the authority.
   [13.] 10. "Railroad facilities" shall mean right of  way  and  related
 trackage,  rails, cars, locomotives, other rolling stock, signal, power,
 fuel, communication and ventilation  systems,  power  plants,  stations,
 terminals, storage yards, repair and maintenance shops, yards, equipment
 and  parts, offices and other real estate or personalty used or held for
 or incidental to the operation, rehabilitation  or  improvement  of  any
 railroad  operating  or to operate between points within the district or
 pursuant to joint service arrangements, including  but  not  limited  to
 buildings,  structures,  and areas notwithstanding that portions thereof
 may not be devoted to any railroad purpose other than the production  of
 revenues  available  for the costs and expenses of all or any facilities
 of the authority.
   [14.] 11. "Real property" shall mean lands, structures, franchises and
 interests in land, waters, lands under water, riparian  rights  and  air
 rights  and  any and all things and rights included within said term and
 includes not only fees simple absolute  but  also  any  and  all  lesser
 interests  including  but not limited to easements, rights of way, uses,
 leases, licenses and  all  other  incorporeal  hereditaments  and  every
 estate, interest or right, legal or equitable, including terms for years
 and liens thereon by way of judgments, mortgages or otherwise.
   [15.] 12. "State" shall mean the state of New York.
   [16.]  13.  "State  agency" shall mean any officer, department, board,
 commissioner, bureau, division, public benefit  corporation,  agency  or
 instrumentality of the state.
   [17.]  14. "Transportation facility" shall mean any transit, railroad,
 omnibus, marine or aviation facility and any person, firm,  partnership,
 association  or,  corporation  which  owns,  leases or operates any such
 facility or any other facility used for service in the transportation of
 passengers, United States mail or personal property as a common  carrier
 for  hire  and  any  portion thereof and the rights, leaseholds or other
 interest therein together with routes, tracks, extensions,  connections,
 parking lots, garages, warehouses, yards, storage yards, maintenance and
 repair  shops, terminals, stations and other related facilities thereof,
 the devices, appurtenances, and equipment thereof and power  plants  and
 other  instrumentalities used or useful therefor or in connection there-
 with.
   [18.] 15. "Transportation district"  and  "district"  shall  mean  the
 metropolitan  commuter transportation district created by section twelve
 hundred sixty-two of this title.
 S. 2830                             4
 
   [18-a.] 16. "Transportation purpose" shall mean a purpose that direct-
 ly supports the missions or  purposes  of  the  authority,  any  of  its
 subsidiaries, New York city transit authority or its subsidiary, includ-
 ing  the realization of revenues derived from property that is, or is to
 be used as, a transportation facility.
   [19.] 17. "New York city transit authority" shall mean the corporation
 created by section twelve hundred one of this [chapter] ARTICLE.
   [20.]  18.  "Triborough  bridge  and  tunnel authority" shall mean the
 corporation created by section five hundred fifty-two of this chapter.
   [21.] 19. "Inspector general" shall mean the metropolitan  transporta-
 tion authority inspector general.
   [22. "Revenues." All] 20. "REVENUES" SHALL MEAN ALL monies received by
 the authority or its subsidiaries, or New York city transit authority or
 its subsidiaries, or Triborough bridge and tunnel authority, as the case
 may  be, from whatever source, derived directly or indirectly from or in
 connection with the operations of the respective entity.
   [23. "Transit facility." Transit facility as  defined  in  subdivision
 fifteen of section twelve hundred of this article.
   24. "Utilization" shall mean public usage of the subway, bus, railroad
 and  paratransit  services,  and  bridge  and  tunnel  crossings, of the
 authority and its affiliates and subsidiaries as reflected in  empirical
 data.]
   21.  "BIG  APPLE TRANSIT AUTHORITY" SHALL MEAN THE CORPORATION CREATED
 BY SECTION THIRTEEN HUNDRED FORTY-NINE-C OF THIS ARTICLE.
   22. "BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES"  SHALL  MEAN  THE
 BIG  APPLE  TRANSIT  AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, THE
 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND ALL THEIR RESPECTIVE SUBSID-
 IARIES.
   23. "COMMUTER TRANSPORTATION AUTHORITY"  SHALL  MEAN  THE  CORPORATION
 CREATED BY SECTION THIRTEEN HUNDRED FORTY-NINE-CCCC OF THIS CHAPTER.
   § 2. Section 1262 of the public authorities law, as amended by chapter
 669 of the laws of 1986, is amended to read as follows:
   § 1262. Metropolitan commuter transportation district. There is hereby
 created  and  established a commuter transportation district to be known
 as the metropolitan commuter transportation district which shall embrace
 the city of New York and  the  counties  of  Dutchess,  Nassau,  Orange,
 Putnam,  Rockland,  Suffolk and Westchester, provided, however, that the
 district shall not include a county that has withdrawn from the district
 pursuant to section [twelve] THIRTEEN  hundred  [seventy-nine-b]  FORTY-
 NINE-WWWWW of this article.
   §  3.  Paragraph  (a-1)  of subdivision 1 and subdivision 9 of section
 1263 of the public authorities law are REPEALED.
   § 4. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
 authorities  law  is REPEALED, and paragraphs (c) and (d) of subdivision
 4, paragraph (c) as added by chapter 247 of the laws of 1990, and  para-
 graph  (d)  as added by section 5 of part H of chapter 25 of the laws of
 2009, are amended to read as follows:
   [(c)] (B) The chairman shall ensure that at every meeting of the board
 and at every meeting of each committee the public shall  be  allotted  a
 period  of  time, not less than thirty minutes, to speak on any topic on
 the agenda.
   [(d)] (C) Notwithstanding paragraph [(c)] (B) of  subdivision  one  of
 section  twenty-eight  hundred  twenty-four of this chapter or any other
 provision of law to the contrary, the chairman shall not participate  in
 establishing authority policies regarding the payment of salary, compen-
 sation  and  reimbursement  to,  nor  establish  rules  for the time and
 S. 2830                             5
 
 attendance of, the chief executive officer. The salary of the  chairman,
 as determined pursuant to subdivision two of this section, shall also be
 compensation for all services performed as chief executive officer.
   §  5.  Subdivision 1 of section 1264 of the public authorities law, as
 amended by section 1 of part H of chapter 58 of the  laws  of  2022,  is
 amended to read as follows:
   1.  The  purposes  of the authority shall be the [continuance, further
 development  and  improvement  of  commuter  transportation  and   other
 services related thereto within the metropolitan commuter transportation
 district,  including but not limited to such transportation by railroad,
 omnibus, marine and air, in  accordance  with  the  provisions  of  this
 title. It shall be the further purpose of the authority, consistent with
 its  status  as  the  ex officio board of both the New York city transit
 authority and the triborough bridge and tunnel authority, to develop and
 implement a unified mass transportation policy for such district  in  an
 efficient  and  cost-effective  manner  that includes the use of design-
 build contracting on all projects over two hundred  million  dollars  in
 cost  for  new  construction  and all projects over four hundred million
 dollars in cost for projects that are  predominantly  rehabilitation  or
 replacement  of  existing assets except where a waiver is granted by the
 New York state budget director pursuant to a request in writing from the
 metropolitan transportation authority. For purposes of granting a waiver
 pursuant to this section, such review shall consider whether the  design
 build contracting method is appropriate for the project that such waiver
 is  sought for, and the amount of savings and efficiencies that could be
 achieved using such method. The determination for such waiver  shall  be
 made  in  writing within forty-five days from request or shall be deemed
 granted.] PAYMENT OF DEBT INTEREST AND PRINCIPAL, AND THE FULFILLMENT OF
 ALL TERMS, COVENANTS, AND OTHER OBLIGATIONS ENTERED INTO WITH THE  HOLD-
 ERS OF SAID DEBT.
   § 6. Section 1264-a of the public authorities law is REPEALED.
   §  7. Subdivisions 3, 10 and 11 of section 1265 of the public authori-
 ties law are REPEALED.
   § 8. Subdivision 6 of section 1265 of the public authorities  law,  as
 amended  by  chapter  988  of  the  laws  of 1984, is amended to read as
 follows:
   6. [(a)] To enter into contracts and leases and to execute all instru-
 ments necessary or convenient;
   [(b) With respect to any lease transaction entered  into  pursuant  to
 section  168  (f)  (8) of the United States internal revenue code or any
 successor provisions, the authority shall meet the  following  standards
 and procedures:
   (i)  notice  of  intention to negotiate shall be published in at least
 one newspaper of general circulation, and a copy thereof shall be mailed
 to all parties who have requested notification  from  the  authority  to
 engage  in  transactions  of  this  type. Such notice shall describe the
 nature of the proposed transaction and the factors  subject  to  negoti-
 ation,  which shall include, but not be limited to, the price to be paid
 to the authority;
   (ii) the  authority  shall  negotiate  with  those  respondents  whose
 response complies with the requirements set forth in the notice;
   (iii)  the board of the authority shall resolve on the basis of parti-
 cularized findings relevant to the factors negotiated that  such  trans-
 action  will  provide  maximum  available financial benefits, consistent
 with other defined objectives and requirements.
 S. 2830                             6

   (c) The authority shall provide to the governor, the temporary  presi-
 dent  of the senate, the speaker of the assembly, the minority leader of
 the senate and the minority leader of the assembly, notice of each lease
 entered into pursuant to paragraph (b) of this subdivision and  support-
 ing documentation of compliance by the authority with subparagraphs (i),
 (ii) and (iii) of paragraph (b) of this subdivision;
   (d)  Paragraphs  (b)  and (c) of this subdivision shall be of no force
 and effect with respect to any lease transaction entered  into  pursuant
 to a commitment approved prior to January first, nineteen hundred eight-
 y-five by the board of the authority.]
   § 9. Section 1265-a of the public authorities law is REPEALED.
   § 10. Section 1265-b of the public authorities law is REPEALED.
   §  11. Section 1266 of the public authorities law, as added by chapter
 324 of the laws of 1965, subdivisions 1, 2,  6  and  8  as  amended  and
 subdivisions  3-a  and 6-a as added by section 23 of part O and subdivi-
 sion 17 as added by section 8 of part N of chapter 61  of  the  laws  of
 2000,  subdivision  3 as amended and subdivisions 10, 11 and 12 as added
 by chapter 314 of the laws of 1981, subdivision 4 as amended by  chapter
 460 of the laws of 2015, subdivision 5 as amended by section 8 of part H
 of  chapter 25 of the laws of 2009, the opening paragraph of subdivision
 5 as amended by chapter 506 of the laws of 2009, subdivision 9 as  added
 by chapter 717 of the laws of 1967, the opening paragraph of subdivision
 9  as  separately  amended  by chapters 657 and 789 of the laws of 1973,
 paragraphs (a), (b), (c) and (d) of subdivision 9 as relettered by chap-
 ter 789 of the laws of 1973, paragraph (b) of subdivision 9  as  amended
 by chapter 420 of the laws of 1968, subdivision 12-a as added by section
 2 of part VVV of chapter 58 of the laws of 2020, subdivision 13 as added
 by chapter 530 of the laws of 1986, subdivision 14 as amended by chapter
 182  of  the laws of 2013, subdivision 15 as added by chapter 523 of the
 laws of 1999, subdivision 16 as amended by chapter 25  of  the  laws  of
 2000,  subdivision  18 as amended by chapter 607 of the laws of 2003 and
 subdivision 19 as added by chapter 261 of the laws of 2021,  is  amended
 to read as follows:
   §  1266.  Special  powers of the authority. In order to effectuate the
 purposes of this title:
   1. [The authority may acquire, by  purchase,  gift,  grant,  transfer,
 contract  or  lease,  any  transportation  facility other than a transit
 facility or, subject to subdivision two of this section or any transpor-
 tation facility constituting a transit  facility,  wholly  or  partially
 within  the  metropolitan  commuter transportation district, or any part
 thereof, or the use thereof,  and  may  enter  into  any  joint  service
 arrangements  as  hereinafter  provided.  Any  such acquisition or joint
 service arrangement shall  be  authorized  only  by  resolution  of  the
 authority  approved by not less than a majority vote of the whole number
 of members of the authority then in office, except that in the event  of
 a tie vote the chairman shall cast one additional vote.
   2. The authority may on such terms and conditions as the authority may
 determine  necessary,  convenient  or  desirable  itself  plan,  design,
 acquire, establish, construct, effectuate, operate, maintain,  renovate,
 improve,  extend, rehabilitate or repair (a) any transportation facility
 other than a transit project, or (b) upon the request of  the  New  York
 city  transit  authority, and upon such terms and conditions as shall be
 agreed to by the authority or any transportation facility constituting a
 transit facility (a "transportation assistance project"), or may provide
 for such planning,  design,  acquisition,  establishment,  construction,
 effectuation,  operation,  maintenance,  renovation, improvement, exten-
 S. 2830                             7

 sion, rehabilitation or repair by contract, lease or  other  arrangement
 on such terms as the authority may deem necessary, convenient or desira-
 ble  with any person, including but not limited to any common carrier or
 freight  forwarder, the state, any state agency, the federal government,
 any other state or agency or instrumentality thereof, any public author-
 ity of this or any other state, the port of New York  authority  or  any
 political  subdivision  or municipality of the state. In connection with
 the operation of any transportation facility, the  authority  may  plan,
 design,  acquire,  establish,  construct, effectuate, operate, maintain,
 renovate, improve, extend or repair or may provide by contract, lease or
 other arrangement for the planning, design, acquisition,  establishment,
 construction, effectuation, operation, maintenance, renovation, improve-
 ment,  extension  or  repair  of  any related services and activities it
 deems necessary, convenient or desirable, including but not  limited  to
 the  transportation  and  storage of freight and the United States mail,
 feeder and  connecting  transportation,  parking  areas,  transportation
 centers,  stations  and  related  facilities. Upon the completion of any
 such transportation assistance project or any part thereof or the termi-
 nation of any contract, lease or  other  arrangement  relating  to  such
 transportation assistance project, the authority shall cause the same to
 be transferred, leased or subleased to the New York city transit author-
 ity  or  its  designated  subsidiary,  as  appropriate,  with or without
 consideration.
   3.] (A) The authority [may] SHALL ENSURE THAT  ITS  REVENUES  AND  ANY
 OTHER  FUNDS  OR PROPERTY ACTUALLY AVAILABLE TO THE AUTHORITY ARE SUFFI-
 CIENT TO MAINTAIN THE OPERATIONS OF THE AUTHORITY ON  A  SELF-SUSTAINING
 BASIS.  THE OPERATIONS OF THE AUTHORITY SHALL BE DEEMED TO BE ON A SELF-
 SUSTAINING BASIS AS REQUIRED BY THIS TITLE WHEN THE AUTHORITY IS ABLE TO
 PAY OR CAUSE TO BE PAID FROM REVENUE AND ANY  OTHER  FUNDS  OR  PROPERTY
 ACTUALLY  AVAILABLE  TO THE AUTHORITY: (I) AS THE SAME SHALL BECOME DUE,
 THE PRINCIPAL OF AND INTEREST ON THE BONDS AND  NOTES  AND  OTHER  OBLI-
 GATIONS OF THE AUTHORITY; (II) THE COST AND EXPENSE OF KEEPING THE PROP-
 ERTIES  AND  ASSETS OF THE AUTHORITY IN GOOD CONDITION AND REPAIR; (III)
 THE OPERATING EXPENSES OF THE AUTHORITY; AND (IV) ANY ADDITIONAL INVEST-
 MENT OR SAVINGS NECESSARY TO MAINTAIN PROPER RESERVES.
   (B) THE TERM "PROPER RESERVES" AS USED IN THIS TITLE MEANS  THE  FUNDS
 NECESSARY,  TAKING INTO CONSIDERATION PROJECTIONS OF FUTURE REVENUES AND
 EXPENSES, TO ENSURE THAT TOTAL FUNDS AVAILABLE FOR THE  FOLLOWING  MONTH
 WILL  EXCEED TWO HUNDRED FIFTY PERCENT OF THE AMOUNT NECESSARY TO PAY OR
 CAUSE TO BE PAID:
   (I) AS THE SAME SHALL BECOME DUE, THE PRINCIPAL OF AND INTEREST ON THE
 BONDS AND NOTES AND OTHER OBLIGATIONS OF THE AUTHORITY;
   (II) THE COST AND EXPENSE OF KEEPING THE PROPERTIES AND ASSETS OF  THE
 AUTHORITY IN GOOD CONDITION AND REPAIR; AND
   (III)  THE  OPERATING  EXPENSES  OF  THE AUTHORITY, FOR THAT FOLLOWING
 MONTH.
   (C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW IN TITLE ELEVEN-E OR
 TITLE ELEVEN-F OF THIS ARTICLE,  IF  MONTHLY  REVENUES  FALL  BELOW  ONE
 HUNDRED  TWENTY-FIVE  PERCENT  OF  THE  AMOUNT NECESSARY TO MAINTAIN THE
 OPERATIONS OF THE AUTHORITY ON A SELF-SUSTAINING  BASIS,  THE  AUTHORITY
 SHALL,  IN  ACCORDANCE  WITH  SECTIONS THIRTEEN HUNDRED FORTY-NINE-H AND
 THIRTEEN HUNDRED FORTY-NINE-IIII OF THIS ARTICLE,  establish,  levy  and
 collect  or  cause  to  be established, levied and collected and, in the
 case of a joint service arrangement, join with others in the  establish-
 ment,  levy and collection of such fares, tolls, rentals, rates, charges
 and other fees as it may deem necessary, convenient or desirable for the
 S. 2830                             8
 
 use and operation of any transportation facility  and  related  services
 operated by the authority or by a subsidiary corporation of the authori-
 ty  or  under  contract,  lease  or  other  arrangement, including joint
 service  arrangements,  with the authority, UNTIL SUCH TIME THAT MONTHLY
 REVENUES AND ANY OTHER FUNDS  OR  PROPERTY  ACTUALLY  AVAILABLE  TO  THE
 AUTHORITY,  INCLUDING  ITS  RESERVES,  EXCEED TWO HUNDRED PERCENT OF THE
 AMOUNT NECESSARY TO MAINTAIN THE MONTHLY OPERATIONS OF THE AUTHORITY  ON
 A SELF-SUSTAINING BASIS FOR THREE CONSECUTIVE MONTHS.
   (D)  Any  such fares, tolls, rentals, rates, charges or other fees for
 the transportation of passengers shall be established and  changed  only
 if  approved  by  resolution of the authority adopted by not less than a
 majority vote of the whole number of members of the  authority  then  in
 office,  with  the chairman having one additional vote in the event of a
 tie vote, and only after a public hearing, provided however, that fares,
 tolls, rentals, rates, charges or other fees for the  transportation  of
 passengers  on  any  transportation  facility which are in effect at the
 time that the then owner  of  such  transportation  facility  becomes  a
 subsidiary corporation of the authority or at the time that operation of
 such  transportation  facility  is  commenced  by  the  authority  or is
 commenced under contract, lease or other  arrangement,  including  joint
 service  arrangements,  with  the  authority  may be continued in effect
 without such a hearing. [Such fares, tolls, rentals, rates, charges  and
 other  fees shall be established as may in the judgment of the authority
 be necessary to maintain the combined operations of  the  authority  and
 its  subsidiary  corporations on a self-sustaining basis. The said oper-
 ations shall be deemed to be on a self-sustaining basis as  required  by
 this  title,  when the authority is able to pay or cause to be paid from
 revenue and any other  funds  or  property  actually  available  to  the
 authority  and  its subsidiary corporations (a) as the same shall become
 due, the principal of and interest on the  bonds  and  notes  and  other
 obligations  of  the  authority  and  of  such  subsidiary corporations,
 together with the maintenance of proper reserves therefor, (b) the  cost
 and  expense  of  keeping the properties and assets of the authority and
 its subsidiary corporations in good condition and repair,  and  (c)  the
 capital  and  operating  expenses  of  the  authority and its subsidiary
 corporations.]
   (E) The authority may contract with the holders  of  bonds  and  notes
 with respect to the exercise of the powers authorized by this section.
   (F) No acts or activities taken or proposed to be taken by the author-
 ity  or  any  subsidiary  of the authority pursuant to the provisions of
 this subdivision shall be deemed to be "actions"  for  the  purposes  or
 within  the  meaning  of article eight of the environmental conservation
 law.
   [3-a. In furtherance of the authority's mandate to develop and  imple-
 ment  a unified mass transportation policy for the metropolitan commuter
 transportation district and the exercise of its  powers,  including  the
 power to issue notes, bonds and other obligations secured in whole or in
 part by the revenues of the authority and its subsidiaries, and New York
 city  transit  authority  and its subsidiaries, the authority shall join
 with the New  York  city  transit  authority  and  its  subsidiaries  in
 connection  with any change in the establishment, levy and collection of
 fares, tolls, rentals, rates, charges and other fees for the transporta-
 tion of passengers on any transportation facilities operated by New York
 city transit authority and its subsidiaries. Such fares, tolls, rentals,
 charges and other fees on transit facilities  shall  be  established  in
 S. 2830                             9

 accordance  with  the  requirements  of sections twelve hundred five and
 twelve hundred seven-i of this article.
   4.  The  authority  may  establish  and,  in the case of joint service
 arrangements, join with others in the establishment  of  such  schedules
 and standards of operations and such other rules and regulations includ-
 ing  but  not limited to rules and regulations governing the conduct and
 safety of the public as it may deem necessary, convenient  or  desirable
 for  the  use  and  operation of any transportation facility and related
 services operated by the authority or under  contract,  lease  or  other
 arrangement,  including  joint service arrangements, with the authority.
 Such rules and regulations governing  the  conduct  and  safety  of  the
 public  shall  be  filed  with  the  department  of  state in the manner
 provided by section one hundred two of the executive law. In the case of
 any conflict between any  such  rule  or  regulation  of  the  authority
 governing  the  conduct  or  the safety of the public and any local law,
 ordinance, rule or regulation, such rule or regulation of the  authority
 shall prevail. Violation of any such rule or regulation of the authority
 governing the conduct or the safety of the public in or upon any facili-
 ty  of the authority shall constitute an offense and shall be punishable
 by a fine not exceeding fifty dollars or imprisonment for not more  than
 thirty  days  or  both or may be punishable by the imposition of a civil
 penalty by the transit adjudication bureau established pursuant  to  the
 provisions of title nine of this article.
   5.  The authority may acquire, hold, own, lease, establish, construct,
 effectuate, operate, maintain, renovate, improve, extend or  repair  any
 transportation  facilities  through,  and  cause  any one or more of its
 powers, duties, functions or activities to be exercised or performed by,
 one or more wholly owned subsidiary corporations of the authority, or by
 New York city transit authority or any of its subsidiary corporations in
 the case of transit facilities and may transfer  to  or  from  any  such
 corporations  any moneys, real property or other property for any of the
 purposes of this title upon such terms and conditions as shall be agreed
 to and subject to such payment or repayment obligations as are  required
 by  law  or  by  any  agreement to which any of the affected entities is
 subject. The directors or members of each such subsidiary corporation of
 the authority corporation shall be the same persons holding the  offices
 of  members  of  the  authority.  The chairman of the board of each such
 subsidiary shall be the chairman of the authority,  serving  ex  officio
 and,  provided  that  there is an executive director of the metropolitan
 transportation authority, the  executive  director  of  such  subsidiary
 shall  be  the  executive  director  of  the metropolitan transportation
 authority, serving ex officio. Notwithstanding any provision of  law  to
 the  contrary, the chairman shall be the chief executive officer of each
 such subsidiary and shall be responsible for the discharge of the execu-
 tive and administrative functions and powers of  each  such  subsidiary.
 The chairman and executive director, if any, shall be empowered to dele-
 gate  his or her functions and powers to one or more officers or employ-
 ees of each such subsidiary designated by him or her.  Each such subsid-
 iary corporation of the authority and any of its property, functions and
 activities shall have all of the privileges, immunities, tax  exemptions
 and  other  exemptions of the authority and of the authority's property,
 functions and activities. Each  such  subsidiary  corporation  shall  be
 subject  to  the restrictions and limitations to which the authority may
 be subject. Each such subsidiary corporation of the authority  shall  be
 subject to suit in accordance with section twelve hundred seventy-six of
 this  title.  The  employees  of any such subsidiary corporation, except
 S. 2830                            10

 those who are also employees of  the  authority,  shall  not  be  deemed
 employees of the authority.
   If  the  authority  shall determine that one or more of its subsidiary
 corporations should be in the form of a public benefit  corporation,  it
 shall  create  each  such  public  benefit  corporation by executing and
 filing with the secretary of state a certificate of incorporation, which
 may be amended from time to time by filing, which shall  set  forth  the
 name  of  such  public benefit subsidiary corporation, its duration, the
 location of its principal office, and any or  all  of  the  purposes  of
 acquiring,  owning,  leasing,  establishing, constructing, effectuating,
 operating, maintaining, renovating, improving,  extending  or  repairing
 one  or  more  facilities  of  the  authority.  Each such public benefit
 subsidiary corporation shall be a body politic and corporate  and  shall
 have  all those powers vested in the authority by the provisions of this
 title which the authority shall determine to include in its  certificate
 of incorporation except the power to contract indebtedness.
   Whenever  any  state, political subdivision, municipality, commission,
 agency, officer, department, board, division or person is authorized and
 empowered for any of the purposes of this title to co-operate and  enter
 into  agreements  with  the authority such state, political subdivision,
 municipality, commission, agency, officer, department,  board,  division
 or  person  shall  have the same authorization and power for any of such
 purposes to co-operate and  enter  into  agreements  with  a  subsidiary
 corporation of the authority.
   6.  Each of the] 2. ON A MONTHLY BASIS, OR MORE FREQUENTLY IF REQUIRED
 BY LAW OR AGREEMENT, THE AUTHORITY SHALL:
   (A) PAY:
   (I) AS THE SAME SHALL BECOME DUE, THE PRINCIPAL OF AND INTEREST ON THE
 BONDS AND NOTES AND OTHER OBLIGATIONS OF THE  AUTHORITY,  TOGETHER  WITH
 THE MAINTENANCE OF PROPER RESERVES THEREFOR;
   (II)  THE COST AND EXPENSE OF KEEPING THE PROPERTIES AND ASSETS OF THE
 AUTHORITY IN GOOD CONDITION AND REPAIR; AND
   (III) THE OPERATING EXPENSES OF THE AUTHORITY;
   (B) MAKE ALL OTHER PAYMENTS AND TRANSFERS AS REQUIRED BY LAW,  INCLUD-
 ING  THOSE REQUIRED BY SECTIONS TWELVE HUNDRED SEVENTY-A, TWELVE HUNDRED
 SEVENTY-B, TWELVE  HUNDRED  SEVENTY-C,  FORMER  SECTION  TWELVE  HUNDRED
 SEVENTY-D,  SECTIONS TWELVE HUNDRED SEVENTY-H, AND TWELVE HUNDRED SEVEN-
 TY-I OF THIS TITLE; AND
   (C) TRANSFER ALL REMAINING FUNDS, EXCEPT THOSE REQUIRED TO BE HELD  IN
 RESERVE  BY  LAW,  TO  THE  BIG APPLE TRANSIT AUTHORITY AND THE COMMUTER
 TRANSPORTATION AUTHORITY AS FOLLOWS: EIGHTY PERCENT OF THE  FUNDS  SHALL
 BE  TRANSFERRED TO THE BIG APPLE TRANSIT AUTHORITY AND TWENTY PERCENT OF
 THE FUNDS SHALL BE TRANSFERRED TO THE COMMUTER TRANSPORTATION AUTHORITY.
   3. THE authority [and its subsidiaries, and the New York city  transit
 authority  and  its  subsidiaries, in its own name or in the name of the
 state,] may apply for and receive and accept grants of  property,  money
 and services and other assistance offered or made available to it by any
 person,  government or agency, which it may use to meet capital or oper-
 ating expenses and for any other use within the scope of its powers, and
 to negotiate for the same upon such terms and conditions as the  respec-
 tive authority may determine to be necessary, convenient or desirable.
   [6-a.]  4.  Subject  to  the  rights of the holders of any outstanding
 bonds, notes or other obligations of the authority, [New York city tran-
 sit authority and Triborough bridge and tunnel authority] THE BIG  APPLE
 TRANSIT  AUTHORITY  AND  ITS AFFILIATES, AND THE COMMUTER TRANSPORTATION
 AUTHORITY, and to facilitate the efficient financial management  of  the
 S. 2830                            11

 authority, [its subsidiary corporations, New York city transit authority
 and  its  subsidiary  corporations,  and  Triborough  bridge  and tunnel
 authority] THE BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES,  AND  THE
 COMMUTER  TRANSPORTATION  AUTHORITY,  (the  "affiliated  entities"), the
 authority may[, and may permit and direct  any  affiliated  entity  to,]
 transfer  revenues,  subsidies  and other monies or securities to one or
 more funds or accounts of another affiliated  entity  for  use  by  such
 other  affiliated  entity,  provided  at the time of such transfer it is
 reasonably anticipated that the monies  and  securities  so  transferred
 will  be  reimbursed, repaid or otherwise provided for by the end of the
 next succeeding calendar year if reimbursement or repayment is  required
 by law or by any agreement to which any of the affected affiliated enti-
 ties  is  subject.  Any revenues of an affiliated entity that are trans-
 ferred to another affiliated entity, which transfer was  not  authorized
 by  a  provision of law other than this subdivision, shall be considered
 to be required to be repaid to  the  affiliated  entity  which  was  the
 source  of such revenues by the end of the next succeeding calendar year
 following such transfer.
   [7. The authority may lease railroad cars for  use  in  its  passenger
 service  pursuant  to the provisions of chapter six hundred thirty-eight
 of the laws of nineteen hundred fifty-nine.
   8. The authority may do all things it deems necessary,  convenient  or
 desirable to manage, control and direct the maintenance and operation of
 transportation  facilities,  equipment  or  real property operated by or
 under contract, lease or other arrangement with the  authority  and  its
 subsidiaries,  and New York city transit authority and its subsidiaries.
 Except as hereinafter specially provided, no municipality  or  political
 subdivision,  including but not limited to a county, city, village, town
 or school or other district shall have jurisdiction over any  facilities
 of the authority and its subsidiaries, and New York city transit author-
 ity  and its subsidiaries, or any of their activities or operations. The
 local laws, resolutions, ordinances, rules and regulations of a  munici-
 pality  or  political  subdivision,  heretofore  or  hereafter  adopted,
 conflicting with this title or any rule or regulation of  the  authority
 or  its  subsidiaries, or New York city transit authority or its subsid-
 iaries, shall not be applicable to the activities or operations  of  the
 authority  and its subsidiaries, and New York city transit authority, or
 the facilities of the authority and its subsidiaries, and New York  city
 transit  authority and its subsidiaries, except such facilities that are
 devoted to purposes other than transportation or transit purposes.  Each
 municipality  or  political  subdivision, including but not limited to a
 county, city, village, town or district in which any facilities  of  the
 authority or its subsidiaries, or New York city transit authority or its
 subsidiaries  are located shall provide for such facilities police, fire
 and health protection services of the same character  and  to  the  same
 extent as those provided for residents of such municipality or political
 subdivision.
   The  jurisdiction, supervision, powers and duties of the department of
 transportation of the state  under  the  transportation  law  shall  not
 extend  to the authority in the exercise of any of its powers under this
 title. The authority may agree with such department for the execution by
 such department of any grade crossing elimination project or  any  grade
 crossing  separation  reconstruction project along any railroad facility
 operated by the authority or by one of its  subsidiary  corporations  or
 under  contract, lease or other arrangement with the authority. Any such
 project shall be executed as provided in article ten of the  transporta-
 S. 2830                            12

 tion  law  and the railroad law, respectively, and the costs of any such
 project shall be borne as provided in such laws, except that the author-
 ity's share of such costs shall be borne by the state.
   9. Upon approval by the commissioner of transportation of the state of
 New  York  of  detailed  plans and specifications, which approval may be
 based  upon  considerations  of  relative  need  and   the   timing   of
 construction,  the  authority  is authorized to design, construct, main-
 tain, operate, improve and reconstruct a highway  bridge  crossing  Long
 Island sound, as follows:
   (a)  Upon (i) the enactment by the state of Connecticut of legislation
 having like effect as the provisions of this paragraph and the  granting
 of  the  consent  of the congress of the United States of America to the
 interstate compact thereby created, and (ii) in conformity  with  recom-
 mendations of the New York-Connecticut bi-state bridge study commission,
 the  authority  is  authorized,  in cooperation with any duly designated
 agency or agencies of the state of Connecticut,  to  design,  construct,
 maintain,  operate,  improve  and  reconstruct a highway bridge crossing
 Long Island sound from a point in the vicinity of the city of Bridgeport
 in the state of Connecticut to a point in the vicinity of the village of
 Port Jefferson in the state of New York,  together  with  approaches  to
 such bridge; and to contract from time to time with such agency or agen-
 cies  of  the state of Connecticut with respect to all matters affecting
 these authorizations, including, without limitation, the sharing of  all
 capital,  operational  and  maintenance expense (except that the capital
 expense of the original construction of  such  bridge,  other  than  the
 expense  of acquiring the needed real property, shall be in the ratio of
 fifty per-centum for the authority and fifty per-centum for such  agency
 or  agencies  of  the  state of Connecticut), the manner and by whom the
 work of design, construction, reconstruction,  improvement,  maintenance
 and  operation  is  to be performed or contracted to others for perform-
 ance, the tolls, fees and other charges to be imposed from time to  time
 for the use of such bridge, and the sharing of revenues derived from the
 imposition  of  such  tolls,  fees and charges (except that net revenues
 remaining after deduction of operational and maintenance expense of such
 bridge shall be in the ratio of fifty per-centum for the  authority  and
 fifty  per-centum  for  the  state  of Connecticut or for such agency or
 agencies of the state of Connecticut. Subject to the limitations imposed
 upon the authority by the provisions of the said contracts, that portion
 of the said bridge and its  approaches  situate  and  lying  within  the
 territorial  boundaries  of  the  state  of  New  York shall be deemed a
 "transportation facility" of the authority for all the purposes of  this
 title,  but  tolls,  fees  and other charges imposed for the use of such
 bridge shall not be deemed to have been imposed "for the  transportation
 of  passengers"  within  the  intendment  of  subdivision  three of this
 section.
   (b) If funds are made available by the authority for  the  payment  of
 the  cost  and  expense  of the acquisition thereof, the commissioner of
 transportation of the state of New York, when requested by the  authori-
 ty, may acquire in the name of the state such real property lying within
 the  territorial  boundaries of the state as may be determined from time
 to time by the authority to be necessary,  convenient  or  desirable  to
 carry out the authorizations set forth in paragraphs (a) and (b) of this
 subdivision,  may  remove  the owner or occupant thereof where necessary
 and obtain possession and, when requested by the authority, may  dispose
 of  any  real  property  so  acquired,  all  according  to the procedure
 provided in section thirty of the highway law. The authority shall  have
 S. 2830                            13

 the  right  to  possess and use for its corporate purposes all such real
 property so acquired, all according to the procedure provided in section
 thirty of the highway law. The authority shall have the right to possess
 and  use  for its corporate purposes all such real property so acquired.
 Claims for the value of the property appropriated and for legal  damages
 caused by any such appropriation shall be adjusted and determined by the
 commissioner  of transportation with the approval of the authority or by
 the court of claims as provided in section thirty of  the  highway  law.
 When a claim has been filed with the court of claims, the claimant shall
 cause  a  copy  of  such  claim  to be served upon the authority and the
 authority shall have the right to be represented and heard  before  such
 court.  All  awards and judgments arising from such claims shall be paid
 out of moneys of the authority.
   (c) The authority, acting independently or jointly or  in  cooperation
 with such agency or agencies of the state of Connecticut, may also apply
 for  and  accept,  upon condition or otherwise, from the duly authorized
 agencies of the federal government, and of the governments of the states
 of Connecticut and New York, such underwater  and  overwater  grants  of
 real  property, licenses or permits as shall be necessary, convenient or
 desirable to carry out the authorizations set forth  in  paragraphs  (a)
 and (b) of this subdivision.
   (d)  The  provisions  of chapter four hundred forty-two of the laws of
 nineteen hundred sixty-five  (and  of  any  agreement  entered  into  in
 pursuance thereof) relating to the repayment of a loan made by the state
 to  the  authority for the purchase of the Long Island railroad shall be
 inapplicable  to  (i)  the  construction  of  such  bridges  and   their
 approaches,  (ii)  bonds,  notes  or  other obligations of the authority
 issued for or in connection with the financing of the  cost  of  design,
 construction and reconstruction of such bridges and their approaches, or
 the  proceeds  realized  upon  such issuance; and (iii) revenues derived
 from the investment of such proceeds or of any part  thereof,  and  from
 the  imposition  of  tolls,  fees  or  other charges for the use of such
 bridges.
   10.] 5. Notwithstanding the provisions  of  any  other  law,  general,
 special or local, or of any agreement entered into in pursuance thereof,
 relating  to  the  repayment of any loan or advance made by the state to
 the authority or to the New York city  transit  authority,  neither  the
 authority  nor  the New York city transit authority shall be required to
 repay any such loan or advance heretofore made from or by reason of  the
 issuance  of bonds or notes of either of them or from the proceeds real-
 ized upon such issuance or from any other funds received  by  either  of
 them  from  any  source  whatever in aid or assistance of the project or
 projects for the financing of which such bonds or notes are issued.
   [11. No project to be constructed upon real property theretofore  used
 for  a  transportation  purpose, or on an insubstantial addition to such
 property contiguous thereto, which will not change in a material respect
 the general character of such prior transportation use, nor any acts  or
 activities  in  connection  with  such  project, shall be subject to the
 provisions of article eight, nineteen, twenty-four or twenty-five of the
 environmental conservation law, or to any local law or ordinance adopted
 pursuant to any such article. Nor shall any acts or activities taken  or
 proposed  to be taken by the authority or by any other person or entity,
 public or private, in connection with the planning, design, acquisition,
 improvement, construction, reconstruction or rehabilitation of a  trans-
 portation facility, other than a marine or aviation facility, be subject
 to  the  provisions  of  article eight of the environmental conservation
 S. 2830                            14

 law, or to any local law or ordinance adopted pursuant to any such arti-
 cle if such acts or activities require the preparation  of  a  statement
 under  or  pursuant  to any federal law or regulation as to the environ-
 mental impact thereof.
   12. The authority may, upon suitable notice to and an offer to consult
 with  an  officer designated by the city of New York, occupy the streets
 of the city of New York for the purpose of doing any work over or  under
 the  same  in  connection  with  the  improvement,  construction, recon-
 struction or rehabilitation of a  transportation  facility  without  the
 consent of or payment to such city.
   12-a.]  6.  (a) Whenever the authority determines in consultation with
 the city of New York that it is necessary to  obtain  the  temporary  or
 permanent use, occupancy, control or possession of vacant or undeveloped
 or underutilized but replaceable real property, or any interest therein,
 or  subsurface  real  property or any interest therein then owned by the
 city of New York for a project in the two thousand fifteen to two  thou-
 sand  nineteen  or  the  two thousand twenty to two thousand twenty-four
 approved capital programs to (i) install one or more elevators  to  make
 one  or  more  subway stations more accessible, (ii) construct or recon-
 struct an electrical substation  to  increase  available  power  to  the
 subway  system  to expand passenger capacity or reliability, or (iii) in
 connection with the capital project to construct four commuter  railroad
 passengers  stations  in  the borough of the Bronx known as Penn Station
 access, the authority upon approval by the  board  of  the  metropolitan
 transportation  authority  and upon suitable notice and with the consent
 of the city of New York may cause the title to such  real  property,  or
 any interest therein, to be transferred to the authority by adding it to
 the  agreement  of lease dated June first, nineteen hundred fifty-three,
 as amended, renewed  and  supplemented,  authorized  by  section  twelve
 hundred three of this article, or may itself acquire title to such prop-
 erty  from the city of New York, and any such transfer or acquisition of
 real property shall be subject to the provisions of subdivision five  of
 FORMER section twelve hundred sixty-six-c of this title. Nothing in this
 subdivision  shall  be  deemed  to  authorize any temporary or permanent
 transfer or acquisition of real property, or interest therein,  that  is
 dedicated  parkland without separate legislative approval of such alien-
 ation.
   (b) (i) Upon the execution of any transfer or acquisition pursuant  to
 this subdivision, which shall be final upon the approval by the board of
 the metropolitan transportation authority and consent of the city of New
 York,  the  fair market value shall be determined pursuant to this para-
 graph. The authority shall make a written offer to pay to  the  city  of
 New  York  the  fair  market  value  of  the authority's use, occupancy,
 control, possession or acquisition of such property. The  offer  by  the
 authority  shall  be based on an appraisal of the value of such property
 and a copy of such appraisal shall be  included  with  the  offer.  Such
 appraisal  shall  be  done  by an independent New York state licensed or
 certified appraiser, who may not be employed by the authority,  selected
 at  random from a panel of appraisers maintained by it for such purpose.
 Such appraisal and a second appraisal, if required pursuant to  subpara-
 graph  (ii) of this paragraph, shall consider only the reasonably antic-
 ipated lawful use of the property and its zoning designation  under  the
 zoning  resolution  of  the  city  of New York at the time the authority
 notified the city of New York  of  its  determination  to  use,  occupy,
 control, possess or acquire such property.
 S. 2830                            15
 
   (ii)  Within thirty days of receipt of the offer by the authority, the
 city of New York may accept it, agree  with  the  authority  on  another
 amount,  or  request a second appraisal by an independent New York state
 licensed or certified appraiser, who may not be employed by the city  of
 New  York,  selected  at  random by the city of New York from a panel of
 appraisers maintained by it for  such  purpose.  Such  second  appraisal
 shall  be completed within thirty days. If the second appraisal produces
 an estimate of the fair market value of the  property  that  is  greater
 than  that  of the first appraisal, the authority shall have ten days to
 increase its offer to such higher amount, otherwise the  two  appraisers
 shall  reconcile  their valuations and agree on a final valuation within
 ten days, which shall be an amount not less than the first appraisal nor
 greater than the second appraisal.
   [(c) Nothing in this subdivision shall be construed to affect or limit
 the authority's power under subdivision twelve of this section.
   13. The authority and each of its subsidiary corporations shall  place
 on each transformer and substation which contains polychlorinated biphe-
 nyls  (PCBs)  a  symbol so indicating the presence of PCBs. Use of a PCB
 mark illustrated in the rules and regulations  promulgated  pursuant  to
 the  federal  Toxic  Substances  Control Act shall constitute compliance
 with the provisions of this subdivision.
   14. Notwithstanding any other provisions of law or the  terms  of  any
 contract, the authority, in consultation with the Long Island Rail Road,
 shall  establish  and  implement a no fare program for transportation on
 the Long Island Rail Road for police officers employed by  the  city  of
 New York, county of Nassau, Nassau county villages and cities, county of
 Suffolk,  Suffolk  county  villages  and  towns,  the  division of state
 police, the port authority of New York and New Jersey,  the  Metro-North
 Commuter  Railroad  Company, the New York city housing authority and the
 New York city transit authority. In establishing such program, which has
 as its goal increased protection and improved safety for its  commuters,
 the  authority  and the Long Island Rail Road shall, among other things,
 consider: (a) requiring police officers who ride without cost to  regis-
 ter  with  the  Long  Island  Rail Road as a condition of riding without
 cost; (b) requiring such officers to indicate during  such  registration
 process their regular working hours and the Long Island Rail Road trains
 that  such  officers expect to ride; and (c) periodically re-registering
 and re-validating such officers. The authority and the Long Island  Rail
 Road  shall  also  have the power to consider other matters necessary to
 carry out the goals and objectives of this section.
   15. (a) Notwithstanding any other provisions of law or  the  terms  of
 any  contract,  the  authority,  in  consultation with the New York city
 transit authority, the Long Island Rail Road and the Metro-North  Commu-
 ter  Railroad  Company,  shall establish and implement a no fare program
 for transportation on New York city transit authority systems, the  Long
 Island Rail Road and the Metro-North Commuter Railroad Company for indi-
 viduals  serving  as  personal care attendants accompanying an Americans
 With Disabilities Act paratransit eligible individual.
   (b) In order to be eligible for such no fare program the personal care
 attendant must show his or her community based personal  care  attendant
 agency issued identification card.
   (c) In order to be considered accompanying an Americans With Disabili-
 ties  Act  paratransit  eligible  individual the personal care attendant
 shall have the same origin and destination as such paratransit  eligible
 individual.
 S. 2830                            16

   16.  Notwithstanding any other provision of law, the authority and any
 of its subsidiary corporations shall establish and implement a half fare
 rate program for persons with serious mental illness who are eligible to
 receive supplemental security income benefits  as  defined  pursuant  to
 title sixteen of the federal social security act and section two hundred
 nine of the social services law.
   17.  Notwithstanding any conflicting provisions of general, special or
 local law, and pursuant to the  authority's  2000-2004  capital  program
 plans  approved  by  the  metropolitan  transportation authority capital
 program review board, the authority or any of its subsidiaries, the  New
 York  city  transit  authority or any of its subsidiaries, or Triborough
 bridge and tunnel authority, shall provide,  from  funds  identified  in
 such  approved  2000-2004  capital  program  plans, up to twelve million
 dollars for the financing of a bus  and  heavy  duty  vehicles  emission
 research and testing facility and related equipment located in the state
 of  New  York, whether within or outside of the transportation district,
 which facility shall be operated  by  the  department  of  environmental
 conservation  and shall be available for use on a non-exclusive basis by
 the authority and any of its subsidiaries, the  New  York  city  transit
 authority  and any of its subsidiaries, and Triborough bridge and tunnel
 authority.
   18. The authority shall conduct  a  campaign  of  public  outreach  to
 inform  the  public of the provisions pertaining to assault on employees
 described in subdivision eleven of section 120.05 of the penal law.
   19.] 7. In connection with their lawful responsibilities or functions,
 the authority and its subsidiaries, including Metro-North Commuter Rail-
 road, the Long Island Rail Road, MTA bus and  the  Staten  Island  rapid
 transit operating authority, the Triborough bridge and tunnel authority,
 and the New York city transit authority and its subsidiary the Manhattan
 and  Bronx  surface  transit  operating  authority,  are  authorized  to
 request, receive and review criminal  history  information  through  the
 division  of criminal justice services with respect to any person apply-
 ing for a safety sensitive  position.  When  requested,  such  applicant
 shall  submit to the authority or the requesting affiliate or subsidiary
 his or her fingerprints in such form and in such manner as specified  by
 the  division,  for  the purpose of conducting a criminal history search
 identifying  criminal  convictions  and  pending  criminal  charges  and
 returning  a  report  thereon  in  accordance  with  the  procedures and
 requirements established by the division pursuant to the  provisions  of
 article  thirty-five  of  the  executive  law,  which  shall include the
 payment of the reasonable prescribed processing fee for the cost of  the
 division's  full search and retention procedures and a national criminal
 history record check. The authority or requesting affiliate  or  subsid-
 iary  shall submit such fingerprints and the processing fee to the divi-
 sion. The division shall forward to  the  authority  or  the  requesting
 affiliate  or subsidiary a report with respect to the applicant's previ-
 ous criminal history, if any, or a statement that the applicant  has  no
 previous criminal history according to its files. Fingerprints submitted
 to  the  division  pursuant to this subdivision may also be submitted to
 the federal bureau of investigation  for  a  national  criminal  history
 record  check.  If  additional  copies of fingerprints are required, the
 applicant shall furnish them upon request. Upon receipt of such criminal
 history information,  the  authority  or  the  requesting  affiliate  or
 subsidiary  shall  provide  such  applicant with a copy of such criminal
 history information, together with a copy of article  twenty-three-A  of
 the  correction  law,  and  inform such applicant of his or her right to
 S. 2830                            17
 
 seek correction of any incorrect information contained in such  criminal
 history  information  pursuant to regulations and procedures established
 by the division of criminal  justice  services.  The  authority  or  the
 requesting  affiliate or subsidiary shall ensure that adequate notice be
 provided to such applicant regarding the fact that  state  and  national
 criminal  history  record  checks may be conducted. This provision shall
 not preclude or alter the process by which  a  municipal  civil  service
 commission  obtains  and  provides  background  information  pursuant to
 subdivision four of section fifty of the civil service law  relating  to
 applicants  for  civil service appointments at the New York city transit
 authority and the Triborough bridge and tunnel authority.
   § 12. Section 1266-a of the public authorities law is REPEALED.
   § 13. Section 1266-b of the public authorities law is REPEALED.
   § 14. Section 1266-c of the public authorities law is REPEALED.
   § 15. Section 1266-d of the public authorities law is REPEALED.
   § 16. Section 1266-e of the public authorities law is REPEALED.
   § 17. Section 1266-f of the public authorities law is REPEALED.
   § 18. Section 1266-g of the public authorities law is REPEALED.
   § 19. Section 1266-h of the public authorities law is REPEALED  and  a
 new section 1266-h is added to read as follows:
   §  1266-H.  TRANSFER OF EMPLOYEES. 1. IN ORDER TO ASSIST THE BIG APPLE
 TRANSPORTATION AUTHORITY AND THE COMMUTER  TRANSPORTATION  AUTHORITY  IN
 CARRYING  OUT  THEIR  POWERS  AND  RESPONSIBILITIES, THE AUTHORITY SHALL
 DEVELOP AND COMPLETE A PERSONNEL REORGANIZATION  PLAN  TO  TRANSFER  ITS
 EMPLOYEES  TO  THE  BIG  APPLE TRANSPORTATION AUTHORITY AND THE COMMUTER
 TRANSPORTATION AUTHORITY TO PERFORM ANY OPERATION  OR  FUNCTION  SUBJECT
 ONLY TO A DETERMINATION THAT THEY ARE SUBSTANTIALLY SIMILAR TO ANY OPER-
 ATION  OR  FUNCTION CURRENTLY PERFORMED. SUBSTANTIALLY SIMILAR OPERATION
 OR FUNCTION SHALL BE DETERMINED BY THE AUTHORITY RECEIVING  THE  EMPLOY-
 EES.
   2.  SUCH  ASSIGNMENT,  TRANSFER, SHARING, OR CONSOLIDATION PURSUANT TO
 THIS SECTION SHALL OCCUR ONLY IF APPROVED BY RESOLUTION OF THE BOARDS OF
 THE AUTHORITY, THE BIG APPLE TRANSPORTATION AUTHORITY, AND THE  COMMUTER
 TRANSPORTATION  AUTHORITY,  ADOPTED  BY NOT LESS THAN A MAJORITY VOTE OF
 THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN  OFFICE,  WITH  THE
 CHAIRMAN HAVING ONE ADDITIONAL VOTE IN THE EVENT OF A TIE VOTE.
   3.  NOTHING  SET  FORTH  IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
 INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS THAT  ACCRUE  TO  EMPLOYEES
 AND  EMPLOYERS  THROUGH  COLLECTIVE  BARGAINING AGREEMENTS, OR IMPACT OR
 CHANGE AN EMPLOYEE'S MEMBERSHIP IN A BARGAINING UNIT.
   4. A TRANSFERRED EMPLOYEE WHO IS A MEMBER OR BENEFICIARY OF ANY EXIST-
 ING PENSION OR RETIREMENT SYSTEM SHALL  CONTINUE  TO  HAVE  THE  RIGHTS,
 PRIVILEGES,  OBLIGATIONS  AND  STATUS  WITH  RESPECT  TO  SUCH SYSTEM OR
 SYSTEMS AS IF THEY HAD CONTINUED IN THEIR EMPLOYMENT WITH THE AUTHORITY.
   5. PURSUANT TO THIS SECTION, ANY SUCH ASSIGNING,  TRANSFERRING,  SHAR-
 ING,  OR  CONSOLIDATING OF POWERS, DUTIES, FUNCTIONS OR ACTIVITIES SHALL
 NOT BE AUTHORIZED WHERE IT WOULD IMPAIR ANY RIGHTS AND REMEDIES  OF  ANY
 HOLDERS  OF  NOTES,  BONDS OR OTHER OBLIGATIONS ISSUED BY THE AUTHORITY,
 ITS SUBSIDIARIES, OR AFFILIATES OR THEIR SUBSIDIARIES.
   6. SUCH TRANSFERS SHALL BE SUBJECT TO SECTION  SEVENTY  OF  THE  CIVIL
 SERVICE  LAW;  OR, WHERE NOT SUBJECT TO CIVIL SERVICE, THE PROVISIONS OF
 SUCH SECTION SEVENTY  SHALL  BE  DEEMED  APPLICABLE,  EXCEPT  WHERE  THE
 CONTEXT  CLEARLY REQUIRES OTHERWISE.  ANY SUCH EMPLOYEE WHO, AT THE TIME
 OF SUCH TRANSFER, HAS A TEMPORARY OR PROVISIONAL  APPOINTMENT  SHALL  BE
 TRANSFERRED  SUBJECT TO THE SAME RIGHT OF REMOVAL, EXAMINATION OR TERMI-
 S. 2830                            18
 
 NATION AS THOUGH SUCH TRANSFER HAD NOT BEEN MADE EXCEPT  TO  THE  EXTENT
 SUCH RIGHTS ARE MODIFIED BY A COLLECTIVE BARGAINING AGREEMENT.
   7. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
 ING UNIT AS WAS THE CASE PRIOR TO HIS OR HER TRANSFER; SUCCESSOR EMPLOY-
 EES  TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL, CONSIST-
 ENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, BE
 INCLUDED IN THE SAME UNIT AS THEIR PREDECESSORS. EMPLOYEES,  OTHER  THAN
 MANAGERIAL  OR  CONFIDENTIAL  PERSONS (AS DEFINED IN ARTICLE FOURTEEN OF
 THE CIVIL SERVICE LAW), SERVING IN POSITIONS  IN  NEWLY  CREATED  TITLES
 SHALL  BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT. NOTHING CONTAINED
 IN THIS SECTION SHALL BE CONSTRUED TO AFFECT:
   (A) THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREE-
 MENT;
   (B) THE REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
 THE BARGAINING RELATIONSHIPS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
 TION; OR
   (C) EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC  EMPLOY-
 MENT RELATIONS BOARD, PROVIDED, HOWEVER, THAT THE MERGER OF SUCH NEGOTI-
 ATING  UNITS OF EMPLOYEES SHALL BE EFFECTED ONLY WITH THE CONSENT OF THE
 RECOGNIZED AND CERTIFIED  REPRESENTATIVES  OF  SUCH  UNITS  AND  OF  THE
 AUTHORITY.
   8.  NOTWITHSTANDING  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
 ALL LAWFUL APPOINTEES HOLDING POSITIONS WHICH HEREINBEFORE WERE  SUBJECT
 TO  THE  CIVIL  SERVICE  LAW  AND ARE TRANSFERRED TO THE AUTHORITY SHALL
 CONTINUE TO HOLD THEIR POSITIONS WITHOUT FURTHER EXAMINATION  OR  QUALI-
 FICATIONS.
   § 20. Section 1266-i of the public authorities law is REPEALED.
   § 21. Section 1266-j of the public authorities law is REPEALED.
   § 22. Section 1266-k of the public authorities law is REPEALED.
   § 23. Section 1267 of the public authorities law is REPEALED.
   § 24. Section 1267-a of the public authorities law is REPEALED.
   § 25. Section 1267-b of the public authorities law is REPEALED.
   § 26. Section 1268 of the public authorities law is REPEALED.
   §  27.  Subdivisions 1-a and 12 of section 1269 of the public authori-
 ties law are REPEALED.
   § 28. Subdivisions 1, 3, 4, 6 and 9 of  section  1269  of  the  public
 authorities law, as amended by section 27 of part O of chapter 61 of the
 laws of 2000, are amended to read as follows:
   1.  (a)  The authority shall ONLY have power [and is hereby authorized
 from time to time] to issue its bonds, notes and  other  obligations  in
 such  principal  amount  as[,  in the opinion of the authority, shall be
 necessary, convenient or desirable to effectuate any of its  powers  and
 purposes,  including  to  provide  sufficient  funds  for  achieving its
 purposes, including the acquisition, establishment, construction, effec-
 tuation, operation,  maintenance,  renovation,  improvement,  extension,
 rehabilitation  or repair of any transportation facility, the payment of
 principal, redemption premium and interest on  bonds,  notes  and  other
 obligations  of  the authority, establishment of reserves to secure such
 bonds notes and other obligations, the provision of working capital  and
 all other expenditures of the authority and its subsidiary corporations,
 and  New  York  city  transit  authority and its subsidiary corporations
 incident to and necessary or convenient to carry out their purposes  and
 powers]  ALREADY  AUTHORIZED  BY  THE  2015-2019 CAPITAL PROGRAM.   Such
 bonds, notes or other obligations may be issued for an individual trans-
 portation facility or issued on a consolidated basis for such groups  or
 classes  of  facilities  and projects as the authority in its discretion
 S. 2830                            19
 
 deems appropriate and be payable from and secured  separately  or  on  a
 consolidated  basis  by,  among other things, all or any portion of such
 revenues and other monies and assets of the authority [and  its  subsid-
 iary  corporations,  and New York city transit authority and its subsid-
 iary corporations as the authority determines  in  accordance  with  the
 provisions of section twelve hundred seventy-d of this title];
   (b)  [The  authority  shall  have  power,  from time to time, to issue
 renewal notes, to issue  bonds  to  refund,  redeem  or  otherwise  pay,
 including  by purchase or tender, notes of the authority and its subsid-
 iary corporations, and New York city transit authority and  its  subsid-
 iary corporations and whenever it deems refunding, redemption or payment
 expedient,  to refund, redeem or otherwise pay, including by purchase or
 tender, any bonds of the authority and its subsidiary corporations,  New
 York  city transit authority and its subsidiary corporations and Tribor-
 ough bridge and tunnel authority by the issuance of new  bonds,  whether
 the  bonds  to  be refunded, redeemed or otherwise paid have or have not
 matured, and to issue bonds partly for such purpose and partly  for  any
 other  purpose  and  to otherwise refund, redeem, acquire by purchase or
 tender, or in any other way repay any outstanding notes, bonds or  other
 obligations  of  the  authority, any of its subsidiary corporations, New
 York city transit authority, any  of  its  subsidiary  corporations  and
 Triborough bridge and tunnel authority;
   (c)]  Every  issue  of  its notes, bonds or other obligations shall be
 general obligations or special obligations. Every issue of general obli-
 gations of the authority shall be payable out of any revenues or  monies
 of  the  authority,  subject  only to any agreements with the holders of
 particular notes or bonds pledging any particular receipts or  revenues.
 Every issue of special obligations shall be payable out of any revenues,
 receipts,  monies  or  other assets of the authority [and its subsidiary
 corporations, the New York city transit  authority  and  its  subsidiary
 corporations  and the Triborough bridge and tunnel authority] identified
 for such purposes in accordance with  agreements  with  the  holders  of
 particular  notes,  bonds or other obligations. [The authority may issue
 transportation revenue special obligation bonds, notes  or  other  obli-
 gations as provided in section twelve hundred seventy-d of this title];
   3.  Any  resolution or resolutions authorizing any notes, bonds or any
 issue thereof, or any other obligations of the  authority,  may  contain
 provisions, which shall be a part of the contract with the holders ther-
 eof, as to:
   (a)  pledging  all or any part of the revenues of the authority [or of
 any of its subsidiary corporations or New York city transit authority or
 any of its subsidiary  corporations  or  Triborough  bridge  and  tunnel
 authority]  to  secure the payment of the notes or bonds or of any issue
 thereof, or any other obligations of  the  authority,  subject  to  such
 applicable agreements with bondholders, noteholders, or holders of other
 obligations  of  the authority, [the New York city transit authority and
 its subsidiary corporations, and Triborough bridge and tunnel authority]
 THE BIG APPLE TRANSIT AUTHORITY AND  ITS  AFFILIATES,  OR  THE  COMMUTER
 TRANSPORTATION AUTHORITY as may then exist;
   (b) [pledging all or any part of the assets of the authority or of any
 of its subsidiary corporations or New York city transit authority or any
 of its subsidiary corporations or Triborough bridge and tunnel authority
 to  secure the payment of the notes or bonds or of any issue of notes or
 bonds, or any other obligations of the authority, subject to such agree-
 ments with noteholders, bondholders, or holders of other obligations  of
 the  authority,  the  New York city transit authority and its subsidiary
 S. 2830                            20

 corporations, and Triborough bridge and tunnel  authority  as  may  then
 exist;
   (c)]  the  use  and  disposition  of revenues, including fares, tolls,
 rentals, rates, charges and other fees, made or received by the authori-
 ty, any of its subsidiary corporations, [New York city transit authority
 or any of its subsidiary corporations, or Triborough bridge  and  tunnel
 authority]  THE  BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, AND THE
 COMMUTER TRANSPORTATION AUTHORITY;
   [(d)] (C) the setting aside of reserves or sinking funds and the regu-
 lation and disposition thereof;
   [(e)] (D) limitations on the purpose to which the proceeds of sale  of
 notes,  bonds  or  other obligations of the authority may be applied and
 pledging such proceeds to secure the payment of the notes or bonds or of
 any issue thereof or of other obligations;
   [(f)] (E) limitations on the issuance of additional  notes,  bonds  or
 other  obligations  of  the  authority;  the terms upon which additional
 notes, bonds or other obligations of the authority  may  be  issued  and
 secured;  the  refunding  of  outstanding or other notes, bonds or other
 obligations of the authority;
   [(g)] (F) the procedure, if any, by which the terms  of  any  contract
 with  noteholders,  bondholders,  or holders of other obligations of the
 authority, may be amended or abrogated, the amount of  notes,  bonds  or
 other  obligations  of  the  authority the holders of which must consent
 thereto, and the manner in which such consent may be given;
   [(h)] (G) limitations on the amount of monies to be  expended  by  the
 authority [or any of its subsidiary corporations or New York city trans-
 it  authority or any of its subsidiary corporations or Triborough bridge
 and tunnel authority for operating, administrative or other expenses  of
 the  authority  or  any  of its subsidiary corporations or New York city
 transit authority or any of its subsidiary  corporations  or  Triborough
 bridge and tunnel authority];
   [(i)]  (H)  vesting  in  a  trustee or trustees such property, rights,
 powers and duties in trust as the authority  may  determine,  which  may
 include  any  or  all  of  the  rights, powers and duties of the trustee
 appointed by the bondholders, noteholders  or  holders  of  other  obli-
 gations  of  the authority pursuant to this title, and limiting or abro-
 gating the right of the bondholders, noteholders  or  holders  of  other
 obligations  of the authority to appoint a trustee under this article or
 limiting the rights, powers and duties of such trustee;
   [(j)] (I) any other matters, of like or different character, which  in
 any  way  affect the security or protection of the notes, bonds or other
 obligations of the authority.
   4. In addition to the powers herein conferred upon  the  authority  to
 secure  its notes, bonds and other obligations, the authority shall have
 power in connection with the issuance of notes, bonds  and  other  obli-
 gations  to  enter into such agreements as the authority may deem neces-
 sary, convenient or desirable concerning the use or disposition  of  the
 monies  or  property  of  [any of] the authority[, its subsidiary corpo-
 rations, New York city transit  authority,  or  any  of  its  subsidiary
 corporations,  or Triborough bridge and tunnel authority], including the
 mortgaging of any such property and the entrusting, pledging or creation
 of any other security interest in any such monies or  property  and  the
 doing  of  any  act  (including refraining from doing any act) which the
 authority would have the right to do in the absence of such  agreements.
 The  authority  shall  have  power  to enter into amendments of any such
 agreements within the powers granted to the authority by this title  and
 S. 2830                            21
 
 to perform such agreements. The provisions of any such agreements may be
 made  a  part  of  the contract with the holders of the notes, bonds and
 other obligations of the authority.
   6.  Neither  the  members of the authority, [the New York city transit
 authority or the Triborough bridge and tunnel authority] THE  BIG  APPLE
 TRANSIT  AUTHORITY OR ANY OF ITS AFFILIATES, OR THE COMMUTER TRANSPORTA-
 TION AUTHORITY nor any person executing the notes, bonds or other  obli-
 gations  shall  be  liable personally on the notes, bonds or other obli-
 gations or be subject to any personal  liability  or  accountability  by
 reason of the issuance thereof.
   9.  So long as the authority has outstanding any bonds, notes or other
 obligations issued pursuant to this section or any bonds, notes or other
 obligations issued or incurred pursuant to  THE  FORMER  section  twelve
 hundred  sixty-six-c  of this title, none of the authority or any of its
 subsidiary corporations, New York city transit authority or any  of  its
 subsidiary corporations, or Triborough bridge and tunnel authority shall
 have  the  authority  to file a voluntary petition under chapter nine of
 the federal bankruptcy code or such corresponding chapter,  chapters  or
 sections as may, from time to time, be in effect, and neither any public
 officer nor any organization, entity or other person shall authorize the
 authority  or  any of its subsidiary corporations, New York city transit
 authority or any of its subsidiary corporations,  or  Triborough  bridge
 and tunnel authority to be or become a debtor under chapter nine or said
 corresponding  chapter,  chapters  or sections of the federal bankruptcy
 code during any such period.
   § 29. Section 1269-a of the public authorities law is REPEALED.
   § 30. Section 1269-b of the public authorities law is REPEALED.
   § 31. Section 1269-c of the public authorities law is REPEALED.
   § 32. Section 1269-d of the public authorities law is REPEALED.
   § 33. Section 1269-f of the public authorities law is REPEALED.
   § 34. Section 1269-g of the public authorities law is REPEALED.
   § 35. Subdivisions 2 and 3 and paragraphs (a), (d) and (e) of subdivi-
 sion 4 of section 1270-a of the public authorities law,  subdivisions  2
 and  3 and paragraphs (a) and (d) of subdivision 4 as amended by section
 29 of part O of chapter 61 of the laws of 2000,  and  paragraph  (e)  of
 subdivision  4  as  amended by section 7 of part FF of chapter 58 of the
 laws of 2019, are amended to read as follows:
   2. Moneys in the transit account [may be  pledged  to  the  Triborough
 bridge  and  tunnel  authority  to  secure  bonds  and  notes and, if so
 pledged,]IF ALREADY PLEDGED PRIOR TO JANUARY FIRST, TWO  THOUSAND  TWEN-
 TY-FOUR,  shall be paid to the Triborough bridge and tunnel authority in
 such amounts and at such times as necessary to pay or to reimburse  that
 authority  for  its  payment of debt service and reserve requirements on
 that portion of special Triborough bridge and tunnel authority bonds and
 notes issued by that authority pursuant to section five  hundred  fifty-
 three-d of this chapter for transit projects undertaken for the New York
 city  transit  authority and its subsidiaries. Subject to the provisions
 of such pledge, any excess monies, or in the  event  there  is  no  such
 pledge,  any  moneys  in  such  account  shall,  at the direction of the
 [metropolitan transportation] BIG APPLE TRANSIT authority, be (a) depos-
 ited into one or more funds or accounts  and  used  as  contemplated  by
 section  [twelve  hundred  seventy-d]  THIRTEEN HUNDRED FORTY-NINE-DD of
 this [title] CHAPTER or (b) used for the payment of operating and  capi-
 tal  costs  of  the New York city transit authority and its subsidiaries
 and the Staten Island rapid transit operating authority.
 S. 2830                            22
 
   3. The authority shall transfer in nineteen hundred eighty-seven up to
 twenty million dollars of the moneys in the commuter railroad account to
 the suburban transportation fund in accordance  with  the  terms  of  an
 agreement  between  the  authority  and the department of transportation
 with respect thereto, established herein, and pursuant to section eight-
 y-eight-b  of  the  state finance law. In subsequent years the authority
 shall transfer twenty million dollars of  the  moneys  in  the  commuter
 railroad  account to the suburban transportation fund in accordance with
 the terms of an agreement between the authority and  the  department  of
 transportation with respect thereto, established herein, and pursuant to
 section eighty-eight-b of the state finance law.
   In the event the transfer to the suburban transportation fund provided
 pursuant  to this subdivision results in an operating deficit, as certi-
 fied by the director of the division of the budget, in consultation with
 the authority, that portion of the deficit attributable to such transfer
 shall be appropriated from the general fund to the authority for  commu-
 ter  railroad operating purposes, provided, however, that such appropri-
 ation shall not exceed twenty million dollars.
   The remaining moneys in the commuter railroad account [may be  pledged
 to  the Triborough bridge and tunnel authority to secure bonds and notes
 and, if so pledged] IF ALREADY PLEDGED PRIOR TO JANUARY FIRST, TWO THOU-
 SAND TWENTY-FOUR, shall be paid to  the  Triborough  bridge  and  tunnel
 authority  in  such  amounts and at such times as necessary to pay or to
 reimburse that authority for its payment of  debt  service  and  reserve
 requirements  on  that  portion  of special Triborough bridge and tunnel
 authority bonds and notes issued by that authority pursuant  to  section
 five hundred fifty-three-d of this chapter for transportation facilities
 undertaken  for  the  authority  and  its  subsidiaries.  Subject to the
 provisions of any such pledge, any excess monies, or in the event  there
 is  no  such pledge, any moneys in such account shall[, at the direction
 of the metropolitan transportation authority, be (a) deposited into  one
 or  more  funds  or  accounts and used as contemplated by section twelve
 hundred seventy-d of this title or, (b)] BE used for payment of  operat-
 ing  and  capital  costs  of  the  Long Island Rail Road company and the
 Metro-North commuter railroad company.
   (a) Moneys in the corporate transportation account shall first be used
 for payments to  the  metropolitan  transportation  authority  Dutchess,
 Orange and Rockland fund established by section twelve hundred seventy-b
 of  this  title.  The  remaining  moneys in the corporate transportation
 account [may be pledged by the authority, or pledged to  the  Triborough
 bridge and tunnel authority, to secure bonds, notes or other obligations
 of  the  authority or the Triborough bridge and tunnel authority, as the
 case may be, and, if so pledged], IF ALREADY PLEDGED to  the  Triborough
 bridge  and  tunnel authority PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN-
 TY-FOUR, shall be paid to the Triborough bridge and tunnel authority  in
 such  amounts and at such times as necessary to pay or to reimburse that
 authority for its payment of debt service and reserve  requirements,  if
 any,  on  that portion of special Triborough bridge and tunnel authority
 bonds and notes issued  by  that  authority  pursuant  to  section  five
 hundred  fifty-three-d of this chapter. Subject to the provisions of any
 such pledge, or in the event there is no such pledge, any excess  moneys
 in  the  corporate  transportation  account  [may] SHALL be [used by the
 authority for payment of operating costs of, and capital costs,  includ-
 ing debt service and reserve requirements, if any, of or for the author-
 ity,]  TRANSFERRED  TO  the  [New  York city transit authority and their
 S. 2830                            23

 subsidiaries as the authority shall determine] BIG APPLE TRANSIT AUTHOR-
 ITY.
   (d)  (1)  In the event the county of Dutchess, the county of Orange or
 the county of Rockland withdraws from  the  metropolitan  transportation
 district,  the authority shall not transfer from the corporate transpor-
 tation account to the metropolitan  transportation  authority  Dutchess,
 Orange and Rockland fund that portion of the moneys that would otherwise
 be  transferred  from  such  account  to such fund to the credit of such
 withdrawing county or counties.
   (2) For purposes of this subdivision, a county is deemed to have with-
 drawn if a resolution is adopted and filed by the county legislature  of
 such  county  providing a public transportation plan pursuant to section
 [twelve hundred seventy-nine-b]  THIRTEEN  HUNDRED  FORTY-NINE-WWWWW  of
 this [title]  CHAPTER.
   (e)  Notwithstanding the foregoing provisions of this subdivision, any
 moneys in the corporate transportation account that are received by  the
 authority: (i) without appropriation pursuant to subdivision one of this
 section,  or (ii) pursuant to the provisions of section ninety-two-ff of
 the state finance law [may be pledged by the authority,  or  pledged  to
 the  Triborough  bridge  and tunnel authority, to secure bonds, notes or
 other obligations of the authority or the Triborough bridge  and  tunnel
 authority,  as  the case may be, and, if so pledged], IF ALREADY PLEDGED
 to the Triborough bridge and tunnel authority PRIOR  TO  JANUARY  FIRST,
 TWO  THOUSAND  TWENTY-FOUR,  shall  be paid to the Triborough bridge and
 tunnel authority in such amounts and at such times as necessary  to  pay
 or  to  reimburse  that  authority  for  its payment of debt service and
 reserve requirements, if any, on  that  portion  of  special  Triborough
 bridge  and  tunnel  authority  bonds and notes issued by that authority
 pursuant to section five hundred fifty-three-d of this chapter.  Subject
 to  the  provisions of any such pledge, or in the event there is no such
 pledge, any moneys in the corporate transportation account  received  by
 the  authority: (i) without appropriation pursuant to subdivision one of
 this section, or (ii) pursuant to the provisions of section  ninety-two-
 ff  of  the  state finance law [may] SHALL be [used by the authority for
 payment of operating costs of, and capital costs, including debt service
 and reserve requirements, if any, of or for the authority,]  TRANSFERRED
 TO  the  [New  York city transit authority and their subsidiaries as the
 authority shall determine] BIG APPLE TRANSIT AUTHORITY. No moneys in the
 corporate transportation account that are reserved by the authority: (i)
 without appropriation pursuant to subdivision one of  this  section;  or
 (ii)  pursuant  to  the provisions of section ninety-two-ff of the state
 finance law may be used for making any payment to the  Dutchess,  Orange
 and  Rockland  fund  created by section twelve hundred seventy-b of this
 title or considered in calculating the amounts required to be paid  into
 such fund.
   §  36.  Subdivision 3 of section 1270-c of the public authorities law,
 as amended by section 30 of part O of chapter 61 of the laws of 2000, is
 amended to read as follows:
   3. Moneys in the fund may be [(a) pledged by the authority  to  secure
 and  be  applied to the payment of its bonds, notes or other obligations
 specified by the authority and issued to finance  (i)  transit  projects
 undertaken  for the New York city transit authority and its subsidiaries
 and (ii) transportation facilities undertaken for the authority and  its
 subsidiaries  and (b)] used for payment of operating costs, [and capital
 costs,] including  debt  service,  reserve  requirements,  if  any,  the
 payment of amounts required under bond and note facilities or agreements
 S. 2830                            24
 
 related  thereto,  the  payment of federal government loans, security or
 credit arrangements or other agreements related thereto, and the payment
 of all costs related to such obligations, of or for the authority[,  the
 New  York city transit authority and their subsidiaries as the authority
 shall determine]. To the extent moneys in the  fund  have  ALREADY  been
 pledged  by  the  authority PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-
 FOUR to secure and pay its bonds, notes or other obligations [as  herein
 provided],  moneys deposited into the fund shall first be deposited into
 the pledged amounts account to  the  extent  necessary  to  satisfy  the
 requirements of any debt service or reserve requirements, if any, of the
 resolution  authorizing  such  bonds,  notes or other obligations. After
 satisfaction of such requirements of the resolution, or if the authority
 has not so pledged the moneys in the fund, moneys deposited in the  fund
 shall be directly deposited into the operating and capital costs account
 and,  subject  to the provisions of any resolutions of the authority not
 secured by the pledged amounts account, transferred forthwith to or  for
 the benefit of the [New York city transit authority and its subsidiaries
 and the Staten Island rapid transit operating authority] BIG APPLE TRAN-
 SIT  AUTHORITY  (the "[TA] BAT") and to and for the benefit of the [Long
 Island Rail Road company and the Metro-North commuter rail road company]
 COMMUTER TRANSPORTATION AUTHORITY (the "[CRR] CTA") as provided in  this
 section.
   Moneys in the operating and capital costs account which were deposited
 in the fund pursuant to appropriation from moneys deposited in the dedi-
 cated  mass  transportation  trust  fund for payment to the metropolitan
 transportation authority dedicated tax fund pursuant to subdivision  (d)
 of  section  three  hundred  one-j  of  the  tax law (the "remaining PBT
 amount") shall be distributed by the authority  as  follows:  an  amount
 equal  to the debt service incurred in such calendar year as a result of
 obligations issued and secured by moneys in the fund, to the extent such
 debt service is to be paid from money deposited in the fund pursuant  to
 appropriation from moneys deposited in the dedicated mass transportation
 trust  fund  for  payment  to  the metropolitan transportation authority
 dedicated tax fund pursuant to subdivision (d) of section three  hundred
 one-j of the tax law ("PBT debt service"), shall be added to the remain-
 ing  PBT  amount.  The  sum  of these figures shall then be allocated as
 follows: eighty-five per centum of such sum shall be  allocated  to  the
 [TA]  BAT  and  fifteen per centum of such sum shall be allocated to the
 [CRR] CTA. The amounts so allocated shall then be  reduced  respectively
 by  the  proportional  amount  of  PBT  debt service attributable to the
 payments for transit projects undertaken for the [TA] BAT and  transpor-
 tation  facility  projects  undertaken  for the [CRR] CTA. The remaining
 amounts shall constitute the  respective  distributable  shares  of  the
 remaining  PBT  amount and shall be distributed to or for the benefit of
 the [TA] BAT and the [CRR] CTA.
   Moneys in the operating and capital costs account which were deposited
 in the fund pursuant to section eighty-eight-a of the state finance  law
 (the  "remaining MMTOA amount") shall be distributed by the authority as
 follows: an amount equal to the debt service incurred in  such  calendar
 year as a result of obligations issued and secured by money in the fund,
 to  the  extent  such debt service is to be paid from money deposited in
 the fund pursuant to section eighty-eight-a of  the  state  finance  law
 ("MMTOA  debt  service"),  shall be added to the remaining MMTOA amount.
 The sum of these figures shall then be allocated as follows: there shall
 be allocated (i) to the [TA] BAT an amount of such sum which  bears  the
 same  proportion  to such sum as the amount appropriated and paid during
 S. 2830                            25
 
 such calendar year from the metropolitan mass  transportation  operating
 assistance  account  to  the authority for the operating expenses of the
 [TA] BAT bears to the total amounts so appropriated and paid  from  such
 operating  assistance  account during such calendar year to the [TA] BAT
 and [CRR] CTA combined and (ii) to the [CRR] CTA an amount of  such  sum
 which  bears  the same proportion to such sum as the amount appropriated
 and paid during such calendar year from the metropolitan mass  transpor-
 tation  operating assistance account to the [CRR] CTA bears to the total
 amounts so appropriated and paid from such operating assistance  account
 during  such  calendar  year to the [TA] BAT and [CRR] CTA combined. The
 amounts so allocated shall then be reduced respectively by  the  propor-
 tional  amount  of  MMTOA  debt service attributable to the payments for
 transit projects undertaken for the [TA] BAT and transportation facility
 projects undertaken for the  [CRR]  CTA.  The  remaining  amounts  shall
 constitute  the  respective  distributable shares of the remaining MMTOA
 amount and shall be distributed to or for the benefit of  the  [TA]  BAT
 and  the  [CRR] CTA. In no event shall the authority utilize any measure
 or calculation for determining such distributable shares other than  the
 formula  prescribed herein nor shall the authority take any action which
 would result in the use of such money which is different from or  incon-
 sistent with the use prescribed in this section.
   To  the  extent that amounts described in the preceding two paragraphs
 are distributed more frequently than annually,  each  such  distribution
 shall  be  made  as  nearly as may be practicable in accordance with the
 allocations described above to the [TA] BAT and the  [CRR]  CTA.  Within
 thirty  days  after  the  end of each calendar year, the authority shall
 certify to the director of the budget, the  chairperson  of  the  senate
 finance  committee  and  the  chairperson of the assembly ways and means
 committee, the amount of money deposited in the fund pursuant to  appro-
 priation  from  moneys  deposited  in  the dedicated mass transportation
 trust fund for payment  to  the  metropolitan  transportation  authority
 dedicated  tax fund pursuant to subdivision (d) of section three hundred
 one-j of the tax law and section eighty-eight-a  of  the  state  finance
 law, the amounts expended from the pledged amounts account for the bene-
 fit  of the [TA] BAT and the [CRR] CTA, and the amounts of the remaining
 PBT amount and the remaining MMTOA amount distributed during  the  prior
 calendar  year  to the [TA] BAT and the [CRR] CTA and specifying in each
 case the appropriation or appropriations which was the  source  of  such
 amounts.
   § 37. Section 1270-d of the public authorities law is REPEALED.
   §  38.  Section  1270-g  of  the  public  authorities law, as added by
 section 16 of part H of chapter 25 of the laws of 2009,  is  amended  to
 read as follows:
   § 1270-g. Regulation of certain authority expenditures. 1. The author-
 ity  shall  implement  policies  as  appropriate to minimize unwarranted
 expenses and to protect against abuses in connection with (i) the grant-
 ing of any privileges or benefits having  financial  value,  other  than
 wage  payments  or  expense  reimbursements,  to members or staff of the
 authority, or any subsidiary or other authority created by the  authori-
 ty;  and  (ii) the full-time and part-time assignment and use of automo-
 biles owned or leased by the  authority,  or  any  subsidiary  or  other
 authority  created  by the authority, and the use by authority employees
 and board members of livery vehicles, as defined in section one  hundred
 twenty-one-e of the vehicle and traffic law.
   2.  THE  AUTHORITY'S  TOTAL EXPENSES FOR ITS FIRST YEAR, NOT INCLUDING
 PAYMENTS OF INTEREST OR PRINCIPAL ON BONDS AND  NOTES  AND  OTHER  OBLI-
 S. 2830                            26
 
 GATIONS  OF  THE  AUTHORITY ALREADY OUTSTANDING AS OF JANUARY FIRST, TWO
 THOUSAND TWENTY-FOUR, OR ALREADY AUTHORIZED  BY  THE  2015-2019  CAPITAL
 PROGRAM, SHALL NOT EXCEED ONE HUNDRED TEN MILLION DOLLARS, AND IN SUBSE-
 QUENT  YEARS  SHALL  NOT  EXCEED  ONE  PERCENT  OF  THE  TOTAL OPERATING
 EXPENSES, NOT INCLUDING CAPITAL EXPENDITURES OR PAYMENTS OF INTEREST  OR
 PRINCIPAL  ON  BONDS  AND  NOTES AND OTHER OBLIGATIONS, OF THE BIG APPLE
 TRANSIT AUTHORITY IN THE PREVIOUS YEAR.
   § 39. Subdivision 3 of section 1270-h of the public  authorities  law,
 as  added  by section 16 of part H of chapter 25 of the laws of 2009, is
 amended to read as follows:
   3. Moneys in the fund may be [(a) pledged by the authority  to  secure
 and  be  applied to the payment of the bonds, notes or other obligations
 of the authority issued on or after the effective date of  this  section
 to  finance  capital  projects of the authority and its subsidiaries and
 the New York city transit authority and any subsidiaries; or  (b)]  used
 for  payment  of  [capital]  OPERATING  costs,  including  debt service,
 reserve requirements, if any, the payment of amounts required under bond
 and note facilities or agreements related thereto, the payment of feder-
 al government loans, security or credit arrangements or other agreements
 related thereto, and the payment of all  costs  related  to  such  obli-
 gations,  of  or  for the authority, the New York city transit authority
 and their subsidiaries as the authority shall determine. TO  THE  EXTENT
 MONEYS  IN  THE FUND HAVE ALREADY BEEN PLEDGED BY THE AUTHORITY PRIOR TO
 JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, TO SECURE AND  PAY  THE  BONDS,
 NOTES  OR  OTHER  OBLIGATIONS OF THE AUTHORITY ISSUED TO FINANCE CAPITAL
 PROJECTS OF THE AUTHORITY AND ITS SUBSIDIARIES AND  THE  NEW  YORK  CITY
 TRANSIT AUTHORITY AND ANY SUBSIDIARIES AS HEREIN PROVIDED, MONIES DEPOS-
 ITED INTO THE FUND SHALL BE DEPOSITED TO THE EXTENT NECESSARY TO SATISFY
 THE REQUIREMENTS OF ANY DEBT SERVICE OR RESERVE REQUIREMENTS, IF ANY, OF
 THE  RESOLUTION  AUTHORIZING  SUCH  BONDS,  NOTES  OR OTHER OBLIGATIONS.
 Subject to the provisions of any such pledge, or in the event  there  is
 no  such  pledge, any excess moneys in this fund [may] SHALL be [used by
 the authority for payment of operating  costs  of,  and  capital  costs,
 including  debt  service and reserve requirements, if any, of or for the
 authority, the New York city transit authority and their subsidiaries as
 the authority shall determine. To the extent moneys  in  the  fund  have
 been  pledged  by  the  authority  to secure and pay the bonds, notes or
 other obligations of the authority issued to finance capital projects of
 the authority and its subsidiaries and the New York city transit author-
 ity and any subsidiaries as herein provided, monies deposited  into  the
 fund  shall be deposited to the extent necessary to satisfy the require-
 ments of any debt service or reserve requirements, if any, of the resol-
 ution authorizing such bonds, notes or other obligations] TRANSFERRED TO
 THE BIG APPLE TRANSIT AUTHORITY.
   § 40. Subdivisions 2, 3 and 4 of section 1270-i of the public authori-
 ties law, as added by section 4 of part NNN of chapter 59 of the laws of
 2018, are amended to read as follows:
   2. Moneys in the subway action plan account  shall  be  used  for  the
 exclusive  purpose  of  funding  the  operating and capital costs of the
 [metropolitan transportation authority's] New York  city  subway  action
 plan.  Such funds may be used for infrastructure including construction,
 reconstruction,  reconditioning  and  preservation   of   transportation
 systems,  facilities  and  equipment,  acquisition  of property, and for
 operating costs  including  personal  services,  non-personal  services,
 fringe benefits, and contractual services. Funds may also be used to pay
 or  to  reimburse  the  authority  for  its  payment of debt service and
 S. 2830                            27
 
 reserve requirements on that portion of authority bonds and notes issued
 by the authority for capital costs of the  [metropolitan  transportation
 authority's] New York city subway action plan.
   3.  Moneys  in  the outer borough transportation account shall be used
 for the exclusive purpose of funding the operating and capital costs  of
 [metropolitan  transportation]  THE  BIG APPLE TRANSIT authority facili-
 ties, equipment and services in the counties of Bronx, Kings, Queens and
 Richmond, and any projects  improving  transportation  connections  from
 such  counties  to New York [County] COUNTY.  Such funds may be used for
 infrastructure including  construction,  reconstruction,  reconditioning
 and  preservation  of  transportation systems, facilities and equipment,
 acquisition of property, and  for  operating  costs  including  personal
 services,   non-personal  services,  fringe  benefits,  and  contractual
 services. Funds may also be used to fund a toll  reduction  program  for
 any  crossings  under  the jurisdiction of the [metropolitan transporta-
 tion] BIG APPLE TRANSIT authority  [or  its  subsidiaries  or]  AND  ITS
 affiliates.  Funds may also be used to pay or to reimburse the authority
 for its payment of debt service and reserve requirements on that portion
 of  authority  bonds  and  notes  that have been issued by the authority
 specifically for the authorized purpose of this account. Notwithstanding
 any law to the contrary, final approval of the use  of  any  funds  paid
 into  the  outer  borough  transportation account shall be [unanimously]
 approved by [three members of the Metropolitan Transportation  Authority
 Capital  Program  Review  Board,  established pursuant to section twelve
 hundred sixty-nine-a of this title so designated pursuant to this subdi-
 vision. For purposes of such final approvals the  three  voting  members
 are: the member appointed upon recommendation by the temporary president
 of  the  senate;  the member appointed upon recommendation of speaker of
 the assembly; and the member appointed by the governor] THE MAYOR OF NEW
 YORK CITY.
   4. Moneys in the general transportation  account  shall  be  used  for
 funding the operating and capital costs of the [metropolitan transporta-
 tion]  BIG  APPLE  TRANSIT authority. Such funds may be used for infras-
 tructure  including  construction,  reconstruction,  reconditioning  and
 preservation of transportation systems, facilities and equipment, acqui-
 sition of property, and for operating costs including personal services,
 non-personal  services, fringe benefits, and contractual services. Funds
 may also be used to pay or to reimburse the authority for its payment of
 debt service and reserve requirements on that portion of authority bonds
 and notes that have been issued by the authority  specifically  for  the
 purposes of this account.
   §  41.  Section  1271  of  the  public  authorities law, as amended by
 section 32 of part O of chapter 61 of the laws of 2000,  is  amended  to
 read as follows:
   §  1271.  Agreement  of the state. The state does hereby pledge to and
 agree with the authority and its subsidiaries, [New  York  city  transit
 authority and its subsidiaries, and Triborough bridge and tunnel author-
 ity]  THE  BIG  APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, THE COMMUTER
 TRANSPORTATION AUTHORITY, and the holders of any notes, bonds  or  other
 obligations,  including lease obligations, issued or incurred under this
 title, that the state will not limit or alter the  denial  of  authority
 under  subdivision  nine  of  section  twelve hundred sixty-nine of this
 title, or the rights and powers vested in the authority and its  subsid-
 iaries,  New  York  city  transit  authority  and  its subsidiaries, and
 Triborough bridge and tunnel authority by  this  title  to  fulfill  the
 terms of any agreements made by any of them with the holders thereof, or
 S. 2830                            28
 
 in  any  way  impair  the rights and remedies of such holders until such
 notes, bonds or other obligations, including lease obligations, together
 with the interest thereon, with interest on any unpaid  installments  of
 interest,  and  all  costs  and  expenses for which the authority or its
 subsidiaries, New York city transit authority and its subsidiaries,  and
 Triborough  bridge and tunnel authority is liable in connection with any
 action or proceeding by or on behalf of such holders, are fully met  and
 discharged.  The  authority  and its subsidiaries, New York city transit
 authority and its subsidiaries, and Triborough bridge and tunnel author-
 ity are each authorized to include this  pledge  and  agreement  of  the
 state  in  any  agreement with the holders of such notes, bonds or other
 obligations, including lease obligations.
   § 42. Section 1276-f of the public authorities law is REPEALED.
   § 43. Section 1277 of the public authorities law is REPEALED.
   § 44. Section 1277-a of the public  authorities  law,  as  amended  by
 section  33  of  part O of chapter 61 of the laws of 2000, is amended to
 read as follows:
   § 1277-a. Transfer and receipt of surplus funds.  Notwithstanding  any
 provision  of this title or any other provision of law, general, special
 or local, the authority [may from time to time transfer and pay over  to
 New York city transit authority or triborough bridge and tunnel authori-
 ty  all  or  any  part of its surplus funds; and] may accept and use any
 moneys transferred and paid over to it by [New York  city  transit]  THE
 BIG APPLE TRANSIT authority AND ITS AFFILIATES or [triborough bridge and
 tunnel] THE COMMUTER TRANSPORTATION authority.
   § 45. Section 1279 of the public authorities law is REPEALED.
   § 46. Section 1279-a of the public authorities law is REPEALED.
   § 47. Section 1279-b of the public authorities law is REPEALED.
   § 48. Section 1279-c of the public authorities law is REPEALED.
   § 49. Section 1279-d of the public authorities law is REPEALED.
   § 50. Section 1279-e of the public authorities law is REPEALED.
   § 51. Section 1279-f of the public authorities law is REPEALED.
   § 52. Section 1279-g of the public authorities law is REPEALED.
   § 53. Section 1279-h of the public authorities law is REPEALED.
   § 54. Section 1279-l of the public authorities law is REPEALED.
   §  55.  Subdivision  1  of  section 17-b of the transportation law, as
 amended chapter 84 of the laws of 1985, is amended to read as follows:
   1.  Notwithstanding the provisions of [subdivision  eight  of  section
 twelve  hundred  sixty-six  and]  subdivision  seven  of  section twelve
 hundred ninety-nine-f of the public authorities law or  of  [subdivision
 seventeen  of]  section  one  hundred  forty-two  of this chapter, every
 transportation authority and every other public transportation  operator
 or  carrier  receiving mass transportation operating assistance pursuant
 to section eighteen-b of this [chapter] ARTICLE either directly from the
 department [of transportation]  or  through  a  county  or  municipality
 pursuant  to said section, shall prepare and publicize a plan for trans-
 portation safety, including but not  limited  to  equipment  maintenance
 procedures,  personnel  safety  training  programs,  accident  reporting
 systems, passenger safety practices and the persons responsible for  the
 implementation of such practices and programs. Every authority and every
 other  public transportation operator or carrier required herein to file
 such a plan shall review such plan biennially and  amend  such  plan  if
 amendments are necessary.
   §  56. Subdivision 17 of section 553 of the public authorities law, as
 amended by section 4 of part O of chapter 61 of the  laws  of  2000,  is
 amended to read as follows:
 S. 2830                            29

   17.  To  do all things necessary or convenient to carry out the powers
 expressly given in this title and  to  assist  and  cooperate  with  the
 metropolitan  transportation  authority  to  carry out the powers of the
 metropolitan transportation authority in furtherance of the purposes and
 powers  of the authority as provided in this article, including, without
 limitation, the  transactions  described  in  [sections  twelve  hundred
 sixty-six-c,]  SECTION  twelve  hundred  sixty-nine[, and twelve hundred
 seventy-d] of this chapter.
   § 57. Subdivisions 9 and 10 of section 553-e of the public authorities
 law are REPEALED.
   § 58. Subdivisions 7 and 11 of section 553-e of the public authorities
 law, subdivision 7 as added by chapter 314  of  the  laws  of  1981  and
 subdivision  11  as  amended  by  chapter  929  of the laws of 1986, are
 amended to read as follows:
   7. The metropolitan transportation authority, the New York city trans-
 it authority and the designated subsidiaries of each of  them  are  each
 hereby  authorized  (i)  to  request the authority to undertake any such
 project; (ii) to acquire in its own name by gift, purchase or  condemna-
 tion,  and, additionally, in the case of the metropolitan transportation
 authority, by appropriation [pursuant to section twelve  hundred  sixty-
 seven-a of this chapter], any real or personal property (or any interest
 therein),  which  is  needed  or  useful  for or in connection with such
 project, the provisions of any lease or other agreement with the city to
 the contrary notwithstanding,  and  to  surrender  the  use,  occupancy,
 control  or  possession of or to transfer the same, or of any other such
 real or personal property (or any interest therein) which it owns, leas-
 es, operates or controls, to the authority; (iii) to accept a  transfer,
 transfer  back,  lease  or  sublease of any such project or part thereof
 upon its completion; (iv) to undertake any such project  itself,  or  to
 finance, through loans, leases or otherwise, any other person or entity,
 public  or  private,  to  do so, in each case using funds granted by the
 authority to pay all or any part of the costs thereof (such undertaking,
 in the case of the New York city transit authority and  its  subsidiary,
 the  Manhattan and Bronx surface transit operating authority, being free
 of any restriction set forth in subparagraph  (ii)  of  paragraph  b  of
 subdivision  one  of section twelve hundred three or in paragraph (c) of
 subdivision five of section twelve hundred three-a of this chapter); and
 (v) to make its  agents,  employees  and  facilities  available  to  the
 authority in connection therewith.
   11.  The  aggregate  principal  amount  of  bonds and notes issued and
 outstanding at any time to finance  projects  authorized  by  paragraphs
 (m),  (n),  (o), (p) and (r) of subdivision nine of section five hundred
 fifty-three of this title shall  not  exceed  one  billion  one  hundred
 million  dollars through December thirty-first, nineteen hundred eighty-
 six and three billion two hundred million dollars  thereafter,  provided
 however that such latter amount shall not exceed two billion two hundred
 million dollars for all bonds and notes other than those issued pursuant
 to  section  five  hundred fifty-three-d of this title.  This limitation
 shall not include (i) bonds and notes  issued  to  refund  or  otherwise
 repay  bonds  or  notes theretofore issued for such purposes, (ii) bonds
 issued to fund any reasonably required debt  service  reserve  fund  for
 bonds  and  notes,  and  (iii)  an  amount  equal  to any original issue
 discount from the [prinicipal] PRINCIPAL amount of any  bonds  or  notes
 issued  and  then  outstanding. From the proceeds of the bonds and notes
 provided for in the first sentence of this subdivision, other than bonds
 or notes authorized by section five hundred fifty-three-d of this title,
 S. 2830                            30
 
 the authority shall not expend more than one billion three hundred twen-
 ty million dollars for transit projects [as defined  in  section  twelve
 hundred  sixty-six-c of this chapter] nor more than eight hundred eighty
 million dollars for transportation facilities as such term is defined in
 subdivision fourteen of section twelve hundred sixty-one of this chapter
 other  than  marine  or  aviation  facilities.  For the purposes of this
 subdivision, facilities under the  jurisdiction  of  the  Staten  Island
 rapid transit operating authority shall be considered transit projects.
   §  59. Subdivision 6 of section 1201 of the public authorities law, as
 amended by section 11 of part O of chapter 61 of the laws  of  2000,  is
 amended to read as follows:
   6.  The  authority  and  its  corporate existence shall continue until
 terminated by law, provided however, that no such law shall take  effect
 so  long  as  the authority or any of its subsidiaries, the metropolitan
 transportation authority or the Triborough bridge and  tunnel  authority
 shall  have  outstanding  any notes or bonds or lease, sublease or other
 contractual obligations issued or incurred pursuant  to  section  twelve
 hundred  seven-m  of this title or issued or incurred in connection with
 the transfer of its interest in and the lease from the transferee of any
 property furnished to it pursuant to chapter twelve of the laws of nine-
 teen hundred seventy-nine or section fifteen of  chapter  three  hundred
 fourteen  of the laws of nineteen hundred eighty-one[, or section twelve
 hundred sixty-six-c or twelve hundred seventy-d of this article], unless
 adequate provision has been made for the payment or satisfaction of such
 outstanding notes, bonds, lease, sublease  or  other  contractual  obli-
 gations.
   § 60. Subdivision 11 of section 1204 of the public authorities law, as
 amended  by  section  14 of part O of chapter 61 of the laws of 2000, is
 amended to read as follows:
   11. To make  or  enter  into  contracts,  agreements,  deeds,  leases,
 conveyances  or other instruments necessary or convenient, and to assist
 and cooperate with the metropolitan transportation  authority  to  carry
 out  the powers of the metropolitan transportation authority in further-
 ance of the purposes and powers of the authority  as  provided  in  this
 article,  including,  without  limitation, the transactions described in
 [sections twelve hundred sixty-six-c,] SECTION twelve hundred sixty-nine
 [and twelve hundred seventy-d] of this article. This power shall include
 the power to make contracts with other persons operating transit facili-
 ties for combined fares for the use of such facilities and  the  transit
 facilities operated by the authority and for the division of such fares,
 and  the  power  to  make contracts for the transportation of the United
 States mail or personal property.
   § 61. Intentionally omitted.
   § 62. Intentionally omitted.
   § 63. The opening paragraph of subdivision 4 and subdivisions 5 and 11
 of section 1209 of the public authorities law, the opening paragraph  of
 subdivision 4 as added by chapter 430 of the laws of 1983, subdivision 5
 as  added by chapter 383 of the laws of 1985 and subdivision 11 as added
 by chapter 929 of the laws of 1986, are amended to read as follows:
   Notwithstanding the provisions of subdivision two of this  section,  a
 contract  for  the  purchase  of omnibuses or components of omnibuses in
 furtherance or implementation of a capital program plan [approved pursu-
 ant to section twelve hundred sixty-nine-b of this article] may also  be
 awarded  by  the  authority  by  negotiation without competitive bidding
 provided the following standards and procedures are complied with:
 S. 2830                            31
 
   5. (a) Notwithstanding that funds of the authority may be used  there-
 for,  a  contract for all or a portion of work involving the alteration,
 expansion or rehabilitation of a passenger station may be awarded by the
 authority, by negotiation without  competitive  bidding,  to  a  private
 entity  or  the designee of a private entity where the authority by vote
 of not less than eleven of its members approves  written  findings  that
 such  award is expected to permit the alteration, expansion or rehabili-
 tation to be carried out  in  the  most  efficient  and  cost  effective
 manner,  that such private entity has agreed to pay at least one million
 dollars toward the cost of the work, that such  payment  represents  not
 less  than  fifty  percent  of  the total cost of the work, and that the
 authority has complied with the procedures provided in paragraph (b)  of
 this subdivision. Notwithstanding the foregoing, a contract for all or a
 portion of work involving the alteration, expansion or rehabilitation of
 the  passenger station located at the western terminus of the forty-sec-
 ond street shuttle may be awarded by the authority, by negotiation with-
 out competitive bidding, to a  private  entity  or  the  designee  of  a
 private  entity  where  the authority by vote of not less than eleven of
 its members approves written findings that such  award  is  expected  to
 permit  the alteration, expansion or rehabilitation to be carried out in
 the most efficient and cost effective manner, and that the authority has
 complied with the procedures provided in paragraph (b) of this  subdivi-
 sion.
   (b) Not less than fifteen days prior to the consideration by the board
 of the authority of a contract to be let pursuant to this subdivision, a
 notice  shall  be  published in at least one newspaper of general circu-
 lation. Such notice shall identify the parties to the proposed  contract
 and  summarize  its  terms and conditions. Such notice shall also invite
 written public comment concerning the proposed contract,  including,  to
 the  extent appropriate, the submission of alternatives for the authori-
 ty's consideration. Such information shall be considered by the board of
 authority prior to the approval of any contract proposed to  be  awarded
 pursuant to this subdivision.
   [(c)  Any  contract  entered  into  pursuant to this subdivision shall
 comply with the requirements of subdivision thirteen of  section  twelve
 hundred sixty-six-c of this article.]
   11.  The  authority  shall  compile  a  list  of  potential sources of
 supplies, materials or  equipment  regularly  purchased.  The  authority
 shall,  by  resolution,  set  forth the procedures it has established to
 identify new sources and to notify such new sources of  the  opportunity
 to  bid  for contracts for the purchase of supplies, materials or equip-
 ment. Such procedures shall include, but not be limited to:  (a)  adver-
 tising  in trade journals; (b) cooperation with federal, state and local
 agencies within its area of operations; AND (c) publication in the state
 register quarterly[; and (d) procedures established pursuant to subdivi-
 sion thirteen of section twelve hundred sixty-six-c of this article].
   § 64. Subdivision 5 of section 1276-b of the public  authorities  law,
 as  added  by section 17 of part H of chapter 25 of the laws of 2009, is
 amended to read as follows:
   5. Strategic operation plan.  Financial  information  required  to  be
 submitted  by  the authority [pursuant to paragraphs d and e of subdivi-
 sion one of section twelve hundred sixty-nine-c of this title] shall  be
 presented in a format consistent with the budget and plan, in downloada-
 ble, searchable format.
 S. 2830                            32
 
   §  65.  Section  553-d  of  the  public authorities law, as amended by
 section 6 of part O of chapter 61 of the laws of  2000,  is  amended  to
 read as follows:
   §  553-d. Special Triborough bridge and tunnel authority special obli-
 gation bonds and notes. In addition to the powers contained elsewhere in
 this title with respect to the projects authorized  by  paragraphs  (m),
 (n),  (o),  (p)  and  (r)  of  subdivision  nine of section five hundred
 fifty-three of this title, and subject to the application of the  reven-
 ues  and  other  monies and assets of the authority [pursuant to section
 twelve hundred seventy-d of this chapter], the authority may  issue  its
 bonds and notes to finance such projects payable from and secured by all
 or  any  part of the moneys received by the authority from the metropol-
 itan transportation authority special assistance fund established  under
 section  twelve hundred seventy-a of this chapter, provided however that
 such bonds and notes may also be payable from and secured by  any  other
 moneys,  securities  and funds designated by the authority as additional
 security therefor. Debt service on bonds and notes issued by the author-
 ity pursuant to this section which is paid  or  reimbursed  from  moneys
 received by the authority from the metropolitan transportation authority
 special  assistance  fund shall not be deemed to constitute debt service
 incurred by the authority for purposes of subdivision three  of  section
 twelve hundred nineteen-a of this chapter.  Such bonds or notes shall be
 issued  in the manner provided in section five hundred sixty-one of this
 title.
   § 66. This act shall take effect January 1, 2024,  provided,  however,
 that  the  amendments  to subdivision 12-a of section 1266 of the public
 authorities law made by section eleven of this act shall not affect  the
 repeal of such subdivision and shall be deemed repealed therewith.
 
                                  PART B
 
   Section 1. Subdivisions 1 and 3 of section 1200 of the public authori-
 ties  law,  as added by chapter 200 of the laws of 1953 and such section
 as renumbered by chapter 914 of the laws of 1957, are  amended  and  two
 new subdivisions 4-a and 19 are added to read as follows:
   1.  "Authority."  The corporation created by section [eighteen] TWELVE
 hundred one of this title.
   3. "Board of estimate." The FORMER board of estimate of the city.
   4-A. "CITY COUNCIL." THE CITY COUNCIL OF NEW YORK.
   19. "BIG APPLE TRANSIT AUTHORITY." THE CORPORATION CREATED BY  SECTION
 THIRTEEN HUNDRED FORTY-NINE-C OF THIS ARTICLE.
   § 2. Subdivisions 1, 2, 5 and 6 of section 1201 of the public authori-
 ties  law, subdivisions 1 and 5 as amended by chapter 929 of the laws of
 1986, subdivision 2 as amended by chapter 506 of the laws of  2009,  and
 subdivision  6  as  amended by section 11 of part O of chapter 61 of the
 laws of 2000, are 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  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] THE BIG APPLE TRANSIT authority.
   2.  The  chairman of such board shall be the chairman of [metropolitan
 transportation] THE BIG APPLE TRANSIT  authority,  serving  ex  officio,
 and,  provided  that there is an executive director of the [metropolitan
 transportation] BIG APPLE TRANSIT authority, the executive  director  of
 S. 2830                            33
 
 the  authority  shall  be  the  executive  director of the [metropolitan
 transportation]  BIG  APPLE  TRANSIT  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  executive 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
 one or more officers or employees designated by him or her.
   5. A majority of the whole number of members of the authority then  in
 office  shall constitute a quorum for the transaction of any business or
 the exercise of any power of the authority. Except as  otherwise  speci-
 fied  in this title, for the transaction of any business or the exercise
 of any power of the authority, the authority shall have the power to act
 by a majority vote of the members present at  any  meeting  at  which  a
 quorum  is  in attendance. In the event of a tie vote the chairman shall
 cast one additional vote. For the purposes  of  the  voting  and  quorum
 requirements of this subdivision, the voting and quorum requirements set
 forth in subdivision three of section [twelve hundred sixty-three] THIR-
 TEEN  HUNDRED  FORTY-NINE-C  of  this  article  and in any by-law of the
 [metropolitan transportation] BIG APPLE TRANSIT authority adopted pursu-
 ant to the provisions of such subdivision shall be applicable hereto.
   6. The authority and its  corporate  existence  shall  continue  until
 terminated  by law, provided however, that no such law shall take effect
 so long as the authority [or any of its  subsidiaries],  THE  BIG  APPLE
 TRANSIT  AUTHORITY,  the metropolitan transportation authority [or], the
 Triborough bridge and tunnel  authority,  OR  ANY  OF  THEIR  RESPECTIVE
 SUBSIDIARIES,  shall  have  outstanding  any  notes  or  bonds or lease,
 sublease or other contractual obligations issued or incurred pursuant to
 section twelve hundred seven-m of this title or issued  or  incurred  in
 connection  with  the transfer of its interest in and the lease from the
 transferee of any property furnished to it pursuant to chapter twelve of
 the laws of nineteen hundred seventy-nine or section fifteen of  chapter
 three  hundred  fourteen  of the laws of nineteen hundred eighty-one, or
 section [twelve hundred sixty-six-c] THIRTEEN  HUNDRED  FORTY-NINE-J  or
 [twelve  hundred seventy-d] THIRTEEN HUNDRED FORTY-NINE-DD of this arti-
 cle, unless adequate provision has been made for the payment  or  satis-
 faction  of  such  outstanding  notes,  bonds,  lease, sublease or other
 contractual obligations.
   § 3. Section 1202 of the public authorities law, as added  by  chapter
 200  of the laws of 1953, subdivision 1 as amended by section 12 of part
 O of chapter 61 of the laws of 2000 and such section  as  renumbered  by
 chapter 914 of the laws of 1957, is amended to read as follows:
   §  1202.  Purposes of the authority.  1. The purposes of the authority
 shall be the acquisition of the transit facilities operated by the board
 of transportation of the city, the operation of  transit  facilities  in
 accordance  with  the  provisions  of this title for the convenience and
 safety of the public on a basis which will enable the operations  there-
 of,  exclusive  of capital costs, to be self-sustaining, and, in coordi-
 nation with the [metropolitan transportation] BIG APPLE TRANSIT authori-
 ty and the Triborough bridge  and  tunnel  authority,  the  continuance,
 further development and improvement of commuter transportation and other
 services  related  thereto within the [metropolitan commuter transporta-
 tion district] CITY OF NEW YORK and the development  and  implementation
 of a unified mass transportation policy for such [district] CITY.
   2.  It  is  hereby  found  and  declared that such purposes are in all
 respects for the benefit of the people of the [state] CITY of  New  York
 S. 2830                            34
 
 and  the  authority shall be regarded as performing a governmental func-
 tion in carrying out its corporate purpose and in exercising the  powers
 granted by this title.
   § 4. Subparagraph (ii) of paragraph b of subdivision 1 of section 1203
 of  the public authorities law, as amended by chapter 717 of the laws of
 1967, is amended to read as follows:
   (ii) From and after March first,  nineteen  hundred  sixty-eight,  the
 authority  shall  also  have  the  right  to incur capital costs of such
 nature in its own name to the extent that capital funds are available to
 it for expenditures of such nature pursuant to the provisions of section
 twelve hundred nineteen-a of  this  [chapter]  TITLE  or  of  any  other
 provision  of law, which capital costs shall not be payable by the city;
 provided, however, that no project to be financed by  the  use  of  such
 capital funds which is estimated by the authority to involve an expendi-
 ture  in  excess  of  one  million dollars shall be commenced unless the
 mayor and the [board of estimate] CITY  COUNCIL  shall  each  have  been
 notified  in  writing by the authority of the intent of the authority to
 undertake such project and of the nature thereof. No such project  shall
 be commenced if and to the extent that either the mayor or a majority in
 voting  power  of  the  members  of the [board of estimate] CITY COUNCIL
 shall find that it is incompatible with sound planning for the  develop-
 ment  or redevelopment of the city, provided such finding, together with
 the reasons therefor, is set forth in a writing delivered to the author-
 ity within thirty days of the receipt by the  mayor  or  the  [board  of
 estimate]  CITY  COUNCIL, as the case may be, of the notification of the
 authority relating to such project. If any such project is not so disap-
 proved, it may nevertheless not be commenced unless and until  the  city
 shall  have been given an opportunity to include the same in the capital
 budget of the city for the first fiscal year of the city commencing  not
 less  than six months after receipt of such notification.  If and to the
 extent that such project is included in such capital budget, the author-
 ity may not thereafter incur capital costs for the same in its own name.
 If or to the extent such project is not included in such capital budget,
 the authority may incur capital costs for the same in its own name.  The
 operation  of  sections  twenty,  twenty-one and twenty-two of the rapid
 transit law shall be suspended with respect to any project financed with
 the capital funds referred to in this subparagraph.
   § 5. Paragraph (f) of subdivision 3, paragraph (c)  of  subdivision  5
 and subdivision 8 of section 1203-a of the public authorities law, para-
 graph (f) of subdivision 3 as amended by chapter 791 of the laws of 1962
 and paragraph (c) of subdivision 5 as amended and subdivision 8 as added
 by chapter 717 of the laws of 1967, are amended to read as follows:
   (f)  to  operate omnibus lines on those routes in the city of New York
 where on February twenty-eighth,  nineteen  hundred  sixty-two,  omnibus
 lines  were  operated  under  franchises  or  temporary  certificates of
 convenience and necessity which have been revoked, terminated, rescinded
 or condemned, or acquired by any other means, and to extend such  routes
 so  as  to  provide  the  complete  service operated on February twenty-
 eighth, nineteen hundred sixty-two; and such  operation,  together  with
 the  necessary  extensions, shall be deemed to constitute operation over
 approved routes with the same force and effect as if the said routes had
 been duly approved by the [board of estimate] CITY COUNCIL of the  city,
 as  provided  by law; and to operate on such other routes as the [board]
 COUNCIL may authorize by resolution adopted only after a public  hearing
 held  after  notice thereof, and of the proposed route, and the proposed
 resolutions authorizing the same, have been published  in  full  for  at
 S. 2830                            35
 
 least fifteen days, except Sundays and legal holidays, immediately prior
 thereto  in  the  City  Record,  and  at  least  twice in two newspapers
 published in the borough or boroughs affected, to be designated  by  the
 board.
   (c)  capital costs not now charged by the transit authority as operat-
 ing expenses shall be paid by the city; provided, however, that from and
 after March first, nineteen hundred sixty-eight, the  subsidiary  corpo-
 ration  shall also have the right to incur capital costs in its own name
 to the extent that capital funds are available to  it  pursuant  to  the
 provisions  of  sections  twelve  hundred  nineteen-a and twelve hundred
 three-b of this [chapter] TITLE or of any other law, which capital costs
 shall not be payable by the city; and provided, further, that no project
 to be financed by the use of such capital funds which  is  estimated  by
 the  subsidiary  corporation  to involve an expenditure in excess of one
 million dollars shall be commenced unless the mayor and  the  [board  of
 estimate]  CITY  COUNCIL shall each have been notified in writing by the
 subsidiary corporation of the intent of the  subsidiary  corporation  to
 undertake  such project and of the nature thereof. No such project shall
 be commenced if and to the extent that either the mayor or a majority in
 voting power of the members of the  [board  of  estimate]  CITY  COUNCIL
 shall  find that it is incompatible with sound planning for the develop-
 ment or redevelopment of the city, provided such finding, together  with
 the reasons therefor, is set forth in a writing delivered to the subsid-
 iary  corporation  within thirty days of the receipt by the mayor or the
 [board of estimate] CITY COUNCIL, as the case may be, of  the  notifica-
 tion  of  the subsidiary corporation relating to such project. Where the
 city is required to pay the capital costs of the subsidiary  corporation
 pursuant  to such agreement, serial bonds or capital notes may be issued
 by the city, pursuant to the local finance  law,  to  finance  any  such
 costs.  The  subsidiary corporation shall submit timely requests for the
 necessary capital funds to the city planning commission and the mayor of
 the city;
   8. From and  after  March  first,  nineteen  hundred  sixty-eight,  no
 substantial  or  general  change in the levels of service furnished upon
 the facilities of the subsidiary corporation shall be instituted  except
 upon  not  less than thirty days' written notice to the mayor and to the
 [board of estimate] CITY COUNCIL.
   § 6. Section 1203-b of the  public  authorities  law,  as  amended  by
 section  13  of  part O of chapter 61 of the laws of 2000, is amended to
 read as follows:
   § 1203-b. Transfer of funds. The authority and its  subsidiary  corpo-
 ration, the Manhattan and Bronx surface transit operating authority, may
 each  transfer  to  the  other from time to time such available funds as
 they may jointly determine to be necessary or desirable, including funds
 accepted by the authority pursuant to the provisions of  section  twelve
 hundred  nineteen-a  of this title. Subject to the rights of the holders
 of any outstanding bonds, notes or other obligations of  the  authority,
 THE BIG APPLE TRANSIT AUTHORITY, THE metropolitan transportation author-
 ity  and  THE  Triborough bridge and tunnel authority, and to facilitate
 the efficient financial management of  the  authority,  [its  subsidiary
 corporations]  THE  BIG APPLE TRANSIT AUTHORITY, THE metropolitan trans-
 portation authority and its subsidiary corporations, and THE  Triborough
 bridge  and  tunnel authority (the "affiliated entities"), the authority
 may, and shall at the direction of [metropolitan transportation] THE BIG
 APPLE TRANSIT authority, transfer revenues, subsidies and  other  monies
 or  securities  to  one  or more funds or accounts of another affiliated
 S. 2830                            36
 
 entity for use by such other affiliated entity, provided at the time  of
 such  transfer  it is reasonably anticipated that the monies and securi-
 ties so transferred will be reimbursed, repaid or otherwise provided for
 by  the  end  of  the  next succeeding calendar year if reimbursement or
 repayment is required by law or by any agreement to  which  any  of  the
 affected  affiliated  entities is subject. Any revenues of an affiliated
 entity that are transferred to another affiliated entity, which transfer
 was not authorized by a provision of law other than this section,  shall
 be considered to be required to be repaid to the affiliated entity which
 was the source of such revenues by the end of the next succeeding calen-
 dar year following such transfer.
   § 7. Subdivisions 11, 15 and 19 of section 1204 of the public authori-
 ties  law,  subdivision 11 as amended by section 14 of part O of chapter
 61 of the laws of 2000, subdivision 15 as amended by chapter 980 of  the
 laws  of  1958  and  subdivision  19 as added by section 15 of part O of
 chapter 61 of the laws of 2000, are amended to read as follows:
   11. To make  or  enter  into  contracts,  agreements,  deeds,  leases,
 conveyances  or other instruments necessary or convenient, and to assist
 and cooperate with the [metropolitan transportation] BIG  APPLE  TRANSIT
 authority  to  carry out the powers of the [metropolitan transportation]
 BIG APPLE TRANSIT authority in furtherance of the purposes and powers of
 the authority as provided in this article,  including,  without  limita-
 tion,   the   transactions   described   in   sections  [twelve  hundred
 sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J, [twelve hundred  sixty-nine]
 THIRTEEN  HUNDRED  FORTY-NINE-U  and [twelve hundred seventy-d] THIRTEEN
 HUNDRED FORTY-NINE-DD of this article.  This  power  shall  include  the
 power  to make contracts with other persons operating transit facilities
 for combined fares for the use of such facilities and the transit facil-
 ities operated by the authority and for the division of such fares,  and
 the  power to make contracts for the transportation of the United States
 mail or personal property.
   15. To exercise all  requisite  and  necessary  authority  to  manage,
 control  and  direct the maintenance and operation of transit facilities
 transferred to it for the convenience and  safety  of  the  public  with
 power,  in  its  discretion, to extend, modify, discontinue, curtail, or
 change routes or methods of transportation  where  the  convenience  and
 safety of the public would be served thereby or where existing routes or
 methods are inefficient or uneconomical; provided, however, that (except
 in  cases  of  emergencies)  at  least thirty days prior to any proposed
 modification, discontinuance, curtailment or change of any transit route
 or method of transportation, the authority  shall  give  notice  of  its
 intention  to  the  [board  of  estimate]  CITY  COUNCIL and shall, upon
 request of such [board] COUNCIL within such  period,  conduct  a  public
 hearing thereon.
   19.  To  invest  any  funds, accounts or other monies not required for
 immediate use or disbursement, at the discretion of  the  authority,  in
 any  of  the  investments in which the [metropolitan transportation] BIG
 APPLE TRANSIT authority is permitted to invest its  monies  pursuant  to
 subdivision four of section [twelve hundred sixty-five] THIRTEEN HUNDRED
 FORTY-NINE-E of this article.
   §  8.  Subdivision 4 of section 1205 of the public authorities law, as
 added by chapter 717 of the laws of 1967, is amended to read as follows:
   4. From and  after  March  first,  nineteen  hundred  sixty-eight,  no
 substantial  or  general  change in the levels of service furnished upon
 the rapid transit facilities or  the  omnibus  line  facilities  of  the
 S. 2830                            37
 
 authority  shall  be  instituted  except upon not less than thirty days'
 written notice to the mayor and to the [board of estimate] CITY COUNCIL.
   § 9. Section 1206-a of the public authorities law, as added by chapter
 576 of the laws of 1972, is amended to read as follows:
   §  1206-a.  Transit  construction  fund.  In  addition  to  the powers
 provided elsewhere in this title, and to effectuate the purposes of  the
 transit  construction  fund  act,  constituting title [nine-a] NINE-A of
 THIS article [five of this chapter], the  authority  or  any  subsidiary
 may:  (a)  acquire  and  use any transit facility in accordance with the
 terms and conditions of any sublease or other agreement with the transit
 construction fund; (b) authorize the use  by  the  transit  construction
 fund,  either  with  or  without  compensation  to the authority, of the
 agents, employees and facilities of the authority; (c) make and  execute
 contracts,  leases,  subleases  and  all other instruments or agreements
 deemed necessary or convenient including agreements with the  [metropol-
 itan  transportation]  BIG  APPLE  TRANSIT  authority  and  the  transit
 construction fund; and (d) do any and all other things deemed  necessary
 or convenient.
   § 10. Subdivision 1-a of section 1207-b of the public authorities law,
 as amended by section 16 of part O of chapter 61 of the laws of 2000, is
 amended to read as follows:
   1-a.  The  authority  may  also  issue its bonds, notes or other obli-
 gations in such principal amounts as shall be necessary to  finance  the
 construction,  purchase,  lease or acquisition of, or an equity interest
 in, an office building located or to be constructed in  the  borough  of
 Brooklyn  in the city, provided that (i) all or a portion of such build-
 ing is intended to be occupied by  the  authority  and  that  the  board
 shall, by resolution, have made findings that the sum of the capitalized
 value  of all payments due from the authority under such bonds, notes or
 other obligations (not including any amounts attributable  to  principal
 repayment)  together with any rent payments for the space in such build-
 ing to be occupied by the authority and of all payments required of  the
 authority  under  any  related agreement does not exceed the capitalized
 value of those payments which would be made in a conventional commercial
 lease transaction for comparable space with an unrelated party and  (ii)
 not  more than an insubstantial portion of any real property so financed
 with the proceeds of bonds, notes, or other obligations is  utilized  by
 other than the New York city transit authority or its designated subsid-
 iary.  The term "capitalized value" for the purposes of this subdivision
 shall be computed in the manner set forth in subdivision four of section
 twelve hundred seven-m of this title. The [metropolitan  transportation]
 BIG  APPLE TRANSIT authority is hereby additionally authorized from time
 to time to issue bonds for  the  purposes  of  refunding,  redeeming  or
 otherwise  paying,  including paying by purchase or tender, bonds issued
 by the authority for such purposes and  to  secure  such  bonds  in  the
 manner set forth in section [twelve hundred sixty-nine] THIRTEEN HUNDRED
 FORTY-NINE-U of this article.
   §  11.  Section  1207-i  of  the public authorities law, as amended by
 section 17 of part O of chapter 61 of the laws of 2000,  is  amended  to
 read as follows:
   §  1207-i.  Rates of fare while bonds, notes and other obligations are
 outstanding. Notwithstanding the provisions of  section  twelve  hundred
 five  of  this title or the provisions of any other law to the contrary,
 so long as the authority shall have outstanding and unpaid bonds,  notes
 or  other  obligations issued pursuant to section twelve hundred seven-b
 of this title, or the BIG APPLE TRANSIT AUTHORITY, OR  THE  metropolitan
 S. 2830                            38
 
 transportation  authority  or THE Triborough bridge and tunnel authority
 shall have outstanding and unpaid  bonds,  notes  or  other  obligations
 secured by or payable from, in whole or in part, the revenues, assets or
 other  monies  of  the  authority  or  its  subsidiary corporations, the
 authority shall have the power at all times to fix or adjust the rate or
 rates of fare to be charged for the use of any transit facility operated
 by the authority as may, in the judgment of the board, be  necessary  to
 produce  sufficient  revenues  to pay, as the same shall become due, the
 principal of and interest on such bonds, notes and other obligations  of
 the  authority, THE BIG APPLE TRANSIT AUTHORITY, THE metropolitan trans-
 portation authority and THE  Triborough  bridge  and  tunnel  authority,
 together  with  the maintenance of proper reserves therefor, in addition
 to paying as the same shall become due the expenses of operation of  the
 authority. The authority, THE BIG APPLE TRANSIT AUTHORITY, THE metropol-
 itan  transportation  authority  and  THE  Triborough  bridge and tunnel
 authority, shall be authorized to contract  with  the  holders  of  such
 bonds  notes  and  other obligations with respect to the exercise of the
 power authorized by this section. In furtherance of the mandate  of  the
 [metropolitan transportation] BIG APPLE TRANSIT authority to develop and
 implement  a  unified  mass  transportation policy for the [metropolitan
 commuter transportation district] CITY OF NEW YORK and the  exercise  of
 its  powers,  including  the power to issue notes, bonds and other obli-
 gations secured in whole or in part by the revenues of the authority and
 its subsidiaries, THE BIG APPLE TRANSIT AUTHORITY AND ITS  SUBSIDIARIES,
 THE  metropolitan transportation authority and its subsidiaries, and the
 Triborough bridge and tunnel authority, the authority  shall  join  with
 the   [metropolitan  transportation]  BIG  APPLE  TRANSIT  authority  in
 connection with the establishment, levy and collection of fares,  tolls,
 rentals, rates, charges and other fees for the transportation of passen-
 gers  on  any  transit  facilities operated by authority and its subsid-
 iaries, including any changes thereto.
   § 12. Subdivision 2 of section 1207-j of the public  authorities  law,
 as  added  by  chapter  655  of  the laws of 1962, is amended to read as
 follows:
   2. The city, by resolution of the [board of estimate] CITY COUNCIL  or
 by instruments authorized by such resolution, and the authority shall be
 authorized  to  enter into an agreement for the renewal and extension of
 the existing agreement of lease between the city and the  authority  for
 such  term  of years as shall be agreed upon and in any such renewal and
 extension agreement the authority may agree to such limitations upon the
 exercise of the powers conferred upon  it  by  sections  twelve  hundred
 seven-a  through  twelve hundred seven-i, inclusive, as the authority in
 its discretion shall approve.
   § 13. Section 1207-m of the public authorities law, as added by  chap-
 ter  314 of the laws of 1981, subdivisions 2 and 8 as amended by chapter
 988 of the laws of 1984, subparagraph (i) of paragraph (a)  of  subdivi-
 sion  4  as amended by chapter 602 of the laws of 1984, paragraph (b) of
 subdivision 7 as amended by chapter 558 of the laws of 1981, subdivision
 11 as amended by section 18 of part O of chapter 61 of the laws of  2000
 and  subdivision  12  as  added  by  chapter 929 of the laws of 1986, is
 amended to read as follows:
   § 1207-m. Transit projects. 1. The term "transit project" as  used  in
 this section shall have the meaning given to such term from time to time
 in section [twelve hundred sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J of
 this  article.  The  provisions of this section shall be controlling and
 the authority and its subsidiaries shall have  the  powers  provided  in
 S. 2830                            39
 
 this  section notwithstanding any contrary provision of this title or of
 local law or of any lease or other agreement with the city.
   2. (a) The authority is hereby authorized to request the [metropolitan
 transportation]  BIG  APPLE  TRANSIT  authority to undertake any transit
 project and the authority and its designated subsidiaries are each here-
 by authorized (i) to enter into agreements with the [metropolitan trans-
 portation] BIG APPLE TRANSIT authority concerning transit projects; (ii)
 to acquire in its own name by gift, purchase or condemnation any real or
 personal property (or any interest therein) which is  needed  or  useful
 for  or in connection with such project, and to surrender the use, occu-
 pancy, control or possession of or to transfer the same,  or  any  other
 such  real or personal property (or any interest therein) which it owns,
 leases, operates or controls, to the [metropolitan  transportation]  BIG
 APPLE  TRANSIT  authority  or  its designee; (iii) to accept a transfer,
 transfer back, lease or sublease of any such  project  or  part  thereof
 upon  its completion; and (iv) to make its agents, employees and facili-
 ties available to the [metropolitan transportation]  BIG  APPLE  TRANSIT
 authority in connection therewith.
   (b)  The  authority  and  its  subsidiary  corporation  is each hereby
 authorized to sell or transfer, without regard as to how  or  from  whom
 acquired,  all  or part of its interest in any equipment which is deemed
 to be a mass commuting vehicle under the United States internal  revenue
 code  or  the regulations thereunder, including, without limitation, any
 of the same obtained as transit projects or obtained  from  or  financed
 with money received from the Triborough bridge and tunnel authority, for
 such consideration and on such terms or conditions as it may deem appro-
 priate,  and  to  obtain  a  lease from the transferee on such terms and
 conditions and for such period as it may deem  appropriate  pursuant  to
 which  it may operate, use, control or possess such mass commuting vehi-
 cle in furtherance of the statutory purposes of the  authority  and  its
 subsidiaries, provided (i) such lease contains an option to the authori-
 ty or its subsidiary corporation to repurchase its interest at the expi-
 ration  of  the scheduled lease term for nominal consideration, and (ii)
 the aggregate of the  regularly  scheduled  rental  payments  which  the
 authority or its subsidiary corporation is obligated to make pursuant to
 such  lease  during each twelve month period of the lease term shall not
 exceed the aggregate amount receivable, whether by principal  or  inter-
 est,  by the authority or its subsidiary corporation from its transferee
 during each such twelve month period. Without limitation of the  forego-
 ing,  any lease entered into pursuant hereto may also contain provisions
 requiring the authority or its subsidiary corporation to  indemnify  the
 transferee  for  any  loss resulting from the loss or destruction of any
 mass commuting vehicle which is the subject of such lease, or  any  loss
 arising  out of any misrepresentation, act, or omission of the authority
 or its subsidiary in connection  with  such  lease,  and  requiring  the
 authority  or its subsidiary corporation to undertake to replace, repair
 or restore any such mass commuting vehicle, but such  obligations  shall
 not  be  deemed  regularly scheduled rental payments for purposes of the
 preceding sentence. Rental payments and other payments or costs incurred
 by the authority or its subsidiary corporation in discharge of its obli-
 gations under any lease entered into as hereinabove provided  shall  not
 be deemed capital costs for the purposes of section twelve hundred three
 or twelve hundred three-a of this title, and the considerations received
 by  the  authority  or its subsidiary corporation in connection with any
 transactions entered into pursuant to the authorization  of  this  para-
 graph  may be expended free of any restriction set forth in subparagraph
 S. 2830                            40

 (ii) of paragraph (b) of subdivision one of section twelve hundred three
 or in paragraph (c)  of  subdivision  five  of  section  twelve  hundred
 three-a of this title.
   (c)  Neither  the  authority  nor  its subsidiary shall enter into any
 transaction authorized by paragraph (b) of this subdivision  unless  the
 following standards and procedures have been met:
   (i)  notice  of  intention to negotiate shall be published in at least
 one newspaper of general circulation, and a copy thereof shall be mailed
 to all parties who have requested notification from the authority or its
 subsidiary to engage in transactions of this type.   Such  notice  shall
 describe  the nature of the proposed transaction and the factors subject
 to negotiation, which shall include, but not be limited to, the price to
 be paid to the authority or its subsidiary;
   (ii) the authority  or  its  subsidiary  shall  negotiate  with  those
 respondents  whose  response complies with the requirements set forth in
 the notice;
   (iii) the board of the authority or its subsidiary  shall  resolve  on
 the  basis of particularized findings relevant to the factors negotiated
 that such transaction will provide maximum available financial benefits,
 consistent with other defined objectives and requirements.
   (d) The authority and its subsidiary shall provide to  the  [governor,
 the  temporary president of the senate, the speaker of the assembly, the
 minority leader of the senate and the minority leader of the  assembly,]
 MAYOR  AND SPEAKER OF THE CITY COUNCIL notice of each lease entered into
 pursuant to paragraph (b) of this subdivision and supporting  documenta-
 tion  of  compliance  by  the authority and its subsidiary with subpara-
 graphs (i), (ii) and (iii) of paragraph (c) of this subdivision.
   (e) Paragraphs (c) and (d) of this subdivision shall be  of  no  force
 and  effect  with respect to any lease transaction entered into pursuant
 to a commitment approved prior to January first, nineteen hundred eight-
 y-five by the board of the authority or its subsidiary or the  board  of
 the metropolitan transportation authority.
   3.  The  authority  and its designated subsidiaries are hereby author-
 ized, in connection with any transit project, to pay or agree to pay, in
 a manner and on terms and conditions satisfactory to  the  [metropolitan
 transportation] BIG APPLE TRANSIT authority, any portion of the costs to
 the  [metropolitan  transportation]  BIG APPLE TRANSIT authority of such
 transit project and the financing thereof  which  is  not  paid  to  the
 [metropolitan  transportation]  BIG  APPLE  TRANSIT  authority  from any
 federal, state or local aid or assistance or from any other moneys  made
 available  or  payable  to  the  [metropolitan transportation] BIG APPLE
 TRANSIT authority by others for such project.
   4. (a) Such agreements  with  the  [metropolitan  transportation]  BIG
 APPLE  TRANSIT  authority  may,  without  limitation, contain provisions
 obligating the authority or its designated subsidiary to:
   (i) issue its notes or  bonds,  or  execute  and  deliver  its  lease,
 sublease and other such contractual obligations, in payment for a trans-
 fer,  lease  or  sublease of a transit project to any of them, provided,
 however, that in no event shall the aggregate principal  amount  of  all
 notes  and  bonds  together  with  the  capitalized  value of all lease,
 sublease and other such contractual obligations, exceed the sum  of  one
 billion  six hundred million dollars, excluding from such limitation (A)
 the principal amount of any bonds or  notes  of  the  authority  to  the
 extent  the  amount thereof is paid, is payable or has been agreed to be
 paid by the federal government or any agency or instrumentality  thereof
 to the authority or to the holders of such bonds or notes, (B) the prin-
 S. 2830                            41
 
 cipal  amount of any bonds or notes of the authority issued to refund or
 otherwise repay other obligations issued for such transit projects,  (C)
 the  principal amount of any bonds or notes and the capitalized value of
 any  lease, sublease or other such contractual obligation, to the extent
 such obligations are paid or agreed to be paid, subject to annual appro-
 priation, under service contracts issued by the state to  the  metropol-
 itan  transportation  authority  for the benefit of the authority or its
 subsidiaries pursuant to the provisions of section sixteen of the trans-
 portation systems assistance and financing act of  1981,  or  under  any
 similar  contract  of  the  metropolitan transportation authority or the
 authority with any other governmental entity  for  the  benefit  of  the
 authority  or its subsidiaries, (D) the principal amount of any bonds or
 notes of the authority issued to the metropolitan transportation author-
 ity OR TO THE BIG APPLE TRANSIT AUTHORITY in connection with the funding
 of any debt service reserve fund  required  by  any  resolution  of  the
 metropolitan  transportation  authority  OR  OF  THE  BIG  APPLE TRANSIT
 AUTHORITY pursuant to which special obligation bonds of  that  authority
 to fund a transit project were issued, and (E) a principal amount of any
 bonds  or  notes  of  the  authority equal to the amount of any original
 issue discount from the principal amount of the special obligation bonds
 or notes issued by the metropolitan transportation authority OR  BY  THE
 BIG APPLE TRANSIT AUTHORITY in connection with the financing of a trans-
 it project by that authority;
   (ii)  give  security  for  the  payment  of  such notes, bonds, lease,
 sublease or other contractual obligations, including a pledge of all  or
 any  part  of  its  revenues  or  other moneys, which pledge may contain
 covenants with respect to the charging and fixing  of  fares,  fees  and
 rentals,  the use and disposition of such fares, fees, rentals and other
 charges, and the setting aside of reserves therefrom.
   (b) Such agreements, and any notes, bonds, lease,  sublease  or  other
 contractual  obligations  issued or entered into by the authority or its
 designated subsidiary pursuant thereto, may,  without  limitation,  also
 contain provisions as to:
   (i)  limitations  with  respect  to the use and disposition of transit
 projects and with respect to any other transit facilities;
   (ii) limitations on the issuance of additional  bonds,  notes,  lease,
 sublease or other contractual obligations, the terms upon which they may
 be secured and the funding or refunding thereof;
   (iii) with respect to bonds or notes, vesting in a trustee or trustees
 such  property  rights,  powers and duties in trust as it may determine,
 which rights, powers and duties may include, but shall  not  be  limited
 to, those set forth in section twelve hundred seven-h of this title;
   (iv)  defining  the  acts or omissions to act which shall constitute a
 default and providing rights and remedies in the event of default;
   (v) any other matters, of like or different character,  which  in  any
 way  affect  the security or protection of the [metropolitan transporta-
 tion] BIG APPLE TRANSIT authority or any lessor; and
   (vi) consenting to the extending or assignment  by  the  [metropolitan
 transportation]  BIG  APPLE  TRANSIT  authority  or by any lessor to the
 holders of any of its bonds, notes or lease obligations of  all  of  the
 benefits and rights of the [metropolitan transportation] BIG APPLE TRAN-
 SIT  authority or of such lessor provided by any such agreement or other
 instrument.
   (c) The term "revenues" as used in this subdivision shall include  all
 those  moneys  referred  to  in section twelve hundred of this [article]
 S. 2830                            42
 
 TITLE, as well as all operating subsidies provided by any public benefit
 corporation or by any governmental entity, federal, state or local.
   (d)  The  term  "capitalized  value" as used in this subdivision shall
 mean the present value of all future payments required  under  a  lease,
 sublease  and  other such contractual obligation discounted at a rate of
 interest determined on the basis of the net interest cost  of  the  last
 [metropolitan  transportation]  BIG  APPLE  TRANSIT  authority's special
 obligation bonds issued prior  to  the  execution  of  any  such  lease,
 sublease  or other contractual obligation or, if no such bonds have been
 issued, on the basis of the net interest cost of the last  bonds  issued
 by the Triborough bridge and tunnel authority, issued in payment for the
 transfer, lease or sublease of any such transit projects.
   5.  It  is  the intention hereof that, subject to such agreements with
 bondholders or noteholders as may then exist, any pledge of revenues  or
 other  moneys  made  by the authority or its subsidiaries shall be valid
 and binding from the time when the pledge is made; that the revenues  or
 other  moneys so pledged and thereafter received by the authority or its
 subsidiaries shall immediately be subject to the  lien  of  such  pledge
 without  any physical delivery thereof or further act, and that the lien
 of any such pledge shall be valid and binding  as  against  all  parties
 having  claims  of  any  kind in tort, contract or otherwise against the
 authority or its subsidiaries irrespective of whether such parties  have
 notice  thereof. Neither the agreement nor any other instrument by which
 a pledge is created need be recorded.
   6. So long as the authority or any of its subsidiaries shall have  any
 outstanding  and unpaid obligation in connection with a transit project,
 the authority and such subsidiaries shall have the power at all times to
 fix or adjust the rate or rates of fares, fees, rentals or other charges
 to be charged for the use of their transit facilities as  may,  together
 with all other lawfully available moneys, be necessary in their judgment
 to  produce  sufficient  revenues  to  pay  such obligations as the same
 become due, in addition to paying as the same shall become due  expenses
 of  operation  of  the transit facilities and satisfying all other obli-
 gations of the authority and such subsidiaries. No  acts  or  activities
 taken or proposed to be taken by the authority pursuant to this subdivi-
 sion  shall  be  deemed  to  be "actions" for the purposes or within the
 meaning of article eight of the environmental conservation law.
   7. (a) In connection with (i) the  lease  between  the  city  and  the
 authority  dated  June first, nineteen hundred fifty-three, and (ii) the
 lease between the city and the Manhattan and Bronx surface transit oper-
 ating authority dated March twentieth, nineteen hundred sixty-two  (such
 leases,  as  heretofore supplemented, amended or renewed, and the tenan-
 cies originally created thereby, being referred to in  this  section  as
 "the existing leases"), the city, acting either by the mayor alone or by
 resolution  of  the  [board of estimate] CITY COUNCIL, or by instruments
 authorized by such resolution, and the authority are authorized to enter
 into agreements for renewal or extension of the existing leases, or  for
 new leases, for such terms of years and upon such other terms and condi-
 tions as the parties thereto shall agree and the [metropolitan transpor-
 tation]  BIG  APPLE TRANSIT authority shall approve, provided that under
 the terms thereof, the rights, privileges and obligations of the parties
 are not inconsistent with the provisions of, or  in  derogation  of  the
 powers  of  the authority all as provided in THIS title [nine of article
 five of this chapter], and provided further that such  agreements  shall
 in  no way impair the rights or powers of the authority or the Manhattan
 and Bronx surface transit operating authority to fulfill  the  terms  of
 S. 2830                            43
 
 any  contract  made  by  either of them with the holders of any of their
 then outstanding bonds or notes, and such agreements shall provide  that
 such  leases  may not be terminated or permitted to expire or be amended
 in  any  way  inconsistent  with  the provisions of any agreement, bond,
 note, lease, sublease or other contractual obligation given or  made  by
 either  of  them  in  connection  with  a  transit  project. Neither the
 provisions of section one hundred ninety-seven-c of the  New  York  city
 charter,  relating  to  a  uniform  land  use  review procedure, nor the
 provisions of any other local law of like or similar import shall  apply
 to  the  renewal or extension of the existing leases or to the making of
 new leases as herein provided.
   (b) Notwithstanding the provisions of any other law, general,  special
 or  local,  or  the  provisions of the existing leases, if either of the
 agreements authorized by paragraph (a) [above] OF  THIS  SUBDIVISION  is
 not entered into, but a note, bond, lease, sublease or other contractual
 obligation  for  a transit project has been issued or entered into, then
 (i) no party to an existing lease may  terminate  the  same,  serve  any
 notice of termination pursuant thereto, exercise any option to terminate
 reserved  therein  or permit the expiration thereof, (ii) the city shall
 not in any way limit or disturb any right of the tenant to use,  occupy,
 control  and possess any of the properties, facilities or revenues which
 are the subject of such existing lease, and (iii)  the  city  shall  not
 seek  to  enforce  such  existing  lease in any way inconsistent with or
 contrary to the manner in which such existing lease  had  been  adminis-
 tered  prior  to  the  enactment of this section or inconsistent with or
 contrary to the interests of the [metropolitan transportation] BIG APPLE
 TRANSIT authority or any  lessor  under  any  agreement,  notes,  bonds,
 lease, sublease or other contractual obligations of the authority or any
 of  its subsidiaries issued or entered into in connection with a transit
 project (and to the extent the provisions of such leases conflict at any
 time or in any manner with the provisions of any such note, bond, lease,
 sublease or other contractual obligation, the provisions of  such  note,
 bond,  lease, sublease or other contractual obligation shall be control-
 ling and conflicting provisions of the leases with  the  city  shall  be
 disregarded),  unless  prior  thereto the city has satisfied all of such
 outstanding notes, bonds or other contractual obligations  and  provided
 for the termination of all such agreements, leases and subleases, all in
 accordance  with  their terms.   If and to the extent moneys are paid by
 the city to the authority or its subsidiaries  to  satisfy  their  obli-
 gations to the [metropolitan transportation] BIG APPLE TRANSIT authority
 under  such instruments, the authority and such subsidiaries shall remit
 such moneys to  the  [metropolitan  transportation]  BIG  APPLE  TRANSIT
 authority,  which shall, in turn, apply the same to the satisfaction and
 termination of its own notes, bonds and leases issued or entered into in
 connection with a transit project in accordance with their terms.
   (c) Upon termination or expiration of a new lease or of a  renewed  or
 extended  existing  lease as permitted in paragraph (a) of this subdivi-
 sion, or upon satisfaction of the requirements of paragraph (b) of  this
 subdivision,  title  to  any  real or personal property (or any interest
 therein) constituting all or any part of a transit project  then  vested
 in  the authority or any of its subsidiaries or the [metropolitan trans-
 portation] BIG APPLE TRANSIT authority pursuant  to  the  provisions  of
 this  chapter  shall  be  transferred  without  further consideration or
 payment to the city.
   8. The state of New York does hereby pledge  to  and  agree  with  the
 authority  and its subsidiaries, THE BIG APPLE TRANSIT AUTHORITY AND ITS
 S. 2830                            44
 
 SUBSIDIARIES, and the  metropolitan  transportation  authority  and  the
 holders  of bonds or notes or lease, sublease or other contractual obli-
 gations issued by any of them in connection with a transit project or in
 connection  with  the transfer of the interest of any of them in and the
 lease from the transferee of any property furnished to  it  pursuant  to
 chapter  twelve  of the laws of nineteen hundred seventy-nine or section
 fifteen of chapter three  hundred  fourteen  of  the  laws  of  nineteen
 hundred  eighty-one,  or in connection with any transaction entered into
 pursuant to the authorization of paragraph (b)  of  subdivision  two  of
 this  section,  that  the  state  will  not limit or alter the denial of
 authority under subdivision eleven of this section, or  the  rights  and
 powers  vested  in  the  authority and its subsidiaries by this title to
 fulfill the terms of any agreement made by any  of  them  with  THE  BIG
 APPLE  TRANSIT AUTHORITY OR the metropolitan transportation authority or
 with such holders, or in any way impair their rights and remedies  until
 such agreements, bonds, notes, and obligations, together with the inter-
 est  thereon and all costs and expenses in connection with any action or
 proceedings by or on behalf of THE BIG APPLE TRANSIT  AUTHORITY  OR  the
 metropolitan transportation authority or such holders, are fully met and
 discharged.  The  authority  and its subsidiaries are each authorized to
 include this pledge and the agreement of the state in any agreement with
 the holders of such bonds or notes or lease,  sublease  or  other  obli-
 gations and in any agreement with THE BIG APPLE TRANSIT AUTHORITY OR the
 metropolitan  transportation  authority  relating  to  a transit project
 which may extend the same to the holders of its bonds, notes  and  lease
 obligations.
   9.  The provisions of this section and of all agreements undertaken by
 the authority or any of its subsidiaries in accordance  therewith  shall
 in all respects be subject to the rights of the holders of any outstand-
 ing bonds or notes of the authority and its subsidiaries.
   10.  In  connection  with the negotiation, award and implementation of
 contracts of the authority relating to transit projects, the  provisions
 of  [paragraphs (a), (b), (c) and (d) of subdivision] SUBDIVISIONS thir-
 teen AND FOURTEEN  of  section  [twelve  hundred  sixty-six-c]  THIRTEEN
 HUNDRED  FORTY-NINE-J of this article shall apply to the authority as if
 it were the "authority" referred to therein, and the [officer designated
 by the metropolitan transportation authority pursuant to  paragraph  (e)
 of  such subdivision] DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOP-
 MENT, ESTABLISHED PURSUANT TO ARTICLE FIFTEEN-A OF  THE  EXECUTIVE  LAW,
 shall  perform  the  duties  therein  described  with  respect  to  such
 contracts of the authority.
   11. So long as the authority or any of its subsidiaries, THE BIG APPLE
 TRANSIT AUTHORITY, or THE metropolitan transportation  authority,  shall
 have  outstanding any notes, bonds, lease, sublease or other contractual
 obligations authorized  by  this  section  or  section  [twelve  hundred
 sixty-six-c]  THIRTEEN  HUNDRED  FORTY-NINE-J  or [twelve hundred sixty-
 nine] THIRTEEN HUNDRED FORTY-NINE-U of this article, or which have  been
 issued  or  incurred  in connection with the transfer of the interest of
 any of them in and  the  lease  from  the  transferee  of  any  property
 furnished  pursuant  to  chapter  twelve of the laws of nineteen hundred
 seventy-nine or section fifteen of chapter three hundred fourteen of the
 laws of nineteen hundred eighty-one, neither the authority  nor  any  of
 its  subsidiaries  shall have the authority to file a voluntary petition
 under chapter nine of the federal bankruptcy code, or such corresponding
 chapter, chapters, or sections as may, from time to time, be in  effect,
 and  neither  any  public  officer nor any organization, entity or other
 S. 2830                            45
 
 person shall authorize the authority or any of its subsidiaries to be or
 become a debtor under said chapter nine or said  corresponding  chapter,
 chapters or sections during any such period.
   12. A project financed by the authority's issuance of its bonds, notes
 or  other  obligations,  pursuant  to subdivision [one-a] TWO of section
 [twelve hundred seven-b] THIRTEEN HUNDRED  FORTY-NINE-U  of  this  title
 shall be deemed to constitute a transit project for the purposes of this
 section and any notes, bonds, lease, sublease or other contractual obli-
 gations  with  respect  to  such  project  shall,  for  purposes of this
 section, be deemed to have been authorized by  this  section;  provided,
 however, that such project shall not be deemed to constitute part of any
 capital  program plan for the purposes of section [twelve hundred sixty-
 nine-b] THIRTEEN HUNDRED FORTY-NINE-V of  this  article  nor  shall  the
 principal  amounts  of  any bonds or notes, nor the capitalized value of
 any lease, sublease, or other contractual obligation of  the  authority,
 issued  or  entered into by the authority pursuant to [such] subdivision
 [one-a] TWO OF SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS  TITLE,  be
 included  in  any  computation  pursuant  to  subdivision  four  of this
 section.
   § 14. The opening paragraph of subdivision 4, paragraph (c) of  subdi-
 vision  5  and  subdivision 11 of section 1209 of the public authorities
 law, the opening paragraph of subdivision 4 as added by chapter  430  of
 the laws of 1983, paragraph (c) of subdivision 5 as added by chapter 383
 of  the  laws  of 1985 and subdivision 11 as added by chapter 929 of the
 laws of 1986, are amended to read as follows:
   Notwithstanding the provisions of subdivision two of this  section,  a
 contract  for  the  purchase  of omnibuses or components of omnibuses in
 furtherance or implementation of a capital program plan approved  pursu-
 ant  to  section  [twelve  hundred sixty-nine-b] THIRTEEN HUNDRED FORTY-
 NINE-V of this article may also be awarded by the authority  by  negoti-
 ation  without  competitive bidding provided the following standards and
 procedures are complied with:
   (c) Any contract entered  into  pursuant  to  this  subdivision  shall
 comply  with the requirements of subdivision thirteen of section [twelve
 hundred sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J of this article.
   11. The authority  shall  compile  a  list  of  potential  sources  of
 supplies,  materials  or  equipment  regularly  purchased. The authority
 shall, by resolution, set forth the procedures  it  has  established  to
 identify  new  sources and to notify such new sources of the opportunity
 to bid for contracts for the purchase of supplies, materials  or  equip-
 ment.  Such  procedures shall include, but not be limited to: (a) adver-
 tising in trade journals; (b) cooperation with federal, state and  local
 agencies  within  its  area  of operations; (c) publication in the state
 register quarterly; and (d) procedures established pursuant to  subdivi-
 sion  thirteen  of section [twelve hundred sixty-six-c] THIRTEEN HUNDRED
 FORTY-NINE-J of this article.
   § 15. Subdivision 3 and paragraphs b and i of subdivision 4 of section
 1209-a of the public authorities law, as amended by chapter 460  of  the
 laws of 2015, are amended to read as follows:
   3.  Jurisdiction. The bureau shall have, with respect to acts or inci-
 dents in or on the transit facilities of the authority committed  by  or
 involving  persons who are sixteen years of age or over, or with respect
 to acts or incidents occurring on omnibuses owned  or  operated  by  the
 [metropolitan  transportation]  BIG APPLE TRANSIT authority or a subsid-
 iary thereof, and with respect to violation  of  toll  collection  regu-
 lations  of  the  [triborough] TRIBOROUGH bridge and tunnel authority as
 S. 2830                            46
 
 described in section twenty-nine hundred eighty-five  of  this  chapter,
 non-exclusive  jurisdiction  over violations of: (a) the rules which may
 from time to time be established  by  the  authority  under  subdivision
 five-a of section twelve hundred four of this [chapter] TITLE; (b) arti-
 cle  one hundred thirty-nine of the health code of the city of New York,
 as it may be amended from time to time, relating to  public  transporta-
 tion  facilities; (c) article four of the noise control code of the city
 of New York, as it may be amended from  time  to  time,  insofar  as  it
 pertains  to  sound  reproduction devices; (d) the rules and regulations
 which may from time to time be established by the  [triborough]  TRIBOR-
 OUGH  bridge  and  tunnel authority in accordance with the provisions of
 section twenty-nine hundred eighty-five of this chapter; and  (e)  rules
 and  regulations  which  may  from  time  to  time be established by the
 [metropolitan transportation] BIG APPLE TRANSIT authority or  a  subsid-
 iary  thereof  in  accordance  with  the  provisions  of section [twelve
 hundred sixty-six] THIRTEEN HUNDRED FORTY-NINE-H of this [chapter] ARTI-
 CLE.  Matters within the jurisdiction of the bureau except violations of
 the rules and regulations of  the  [triborough]  TRIBOROUGH  bridge  and
 tunnel  authority shall be known for purposes of this section as transit
 infractions. Nothing herein shall be construed  to  divest  jurisdiction
 from any court now having jurisdiction over any criminal charge or traf-
 fic infraction relating to any act committed in a transit or toll facil-
 ity,  or  to  impair the ability of a police officer to conduct a lawful
 search of a person in a transit facility. The criminal court of the city
 of New York shall continue to have jurisdiction over any criminal charge
 or traffic infraction brought for violation of the rules of the authori-
 ty, the [triborough] TRIBOROUGH  bridge  and  tunnel  authority  or  the
 [metropolitan  transportation]  BIG APPLE TRANSIT authority or a subsid-
 iary thereof, as well as jurisdiction relating  to  any  act  which  may
 constitute  a crime or an offense under any law of the state of New York
 or any municipality or political subdivision thereof and which may  also
 constitute  a  violation of such rules. The bureau shall have concurrent
 jurisdiction with the environmental control board and the administrative
 tribunal of the department of health over the  aforesaid  provisions  of
 the health code and noise control code of the city of New York.
   b.  To  impose  civil  penalties  not to exceed a total of one hundred
 fifty dollars for any transit infraction  within  its  jurisdiction,  in
 accordance  with  a penalty schedule established by the authority or the
 [metropolitan transportation] BIG APPLE TRANSIT authority or  a  subsid-
 iary thereof, as applicable, except that penalties for violations of the
 health  code  of  the  city  of New York shall be in accordance with the
 penalties established for such violations by the board of health of  the
 city  of New York, and penalties for violations of the noise code of the
 city of New York shall be in accordance with the  penalties  established
 for  such  violations  by law, and civil penalties for violations of the
 rules and regulations of the [triborough] TRIBOROUGH bridge  and  tunnel
 authority shall be in accordance with the penalties established for such
 violations by section twenty-nine hundred eighty-five of this chapter;
   i.  To  accept payment of penalties and to remit same to the authority
 or the [metropolitan transportation] BIG APPLE TRANSIT  authority  or  a
 subsidiary thereof, as applicable; and
   §  16. Section 1213 of the public authorities law, as amended by chap-
 ter 838 of the laws of 1983, is amended to read as follows:
   § 1213. Report. Copies of the annual report required to  be  made  and
 submitted  pursuant to section twenty-eight hundred of this chapter also
 S. 2830                            47
 
 shall be submitted to the mayor, comptroller  and  [board  of  estimate]
 CITY COUNCIL.
   §  17.  Section  1219-a  of  the public authorities law, as amended by
 section 19 of part O of chapter 61 of the laws of 2000,  is  amended  to
 read as follows:
   §  1219-a.  Transfer  and receipt of surplus funds. 1. Notwithstanding
 any provision of this title or any  other  provision  of  law,  general,
 special  or  local, the authority may from time to time transfer and pay
 over to THE metropolitan transportation authority, THE BIG APPLE TRANSIT
 AUTHORITY or [triborough] THE TRIBOROUGH bridge and tunnel authority all
 or any part of its surplus funds; and may  accept  and  use  any  moneys
 transferred  and  paid  over  to  it  by THE metropolitan transportation
 authority, THE BIG APPLE TRANSIT AUTHORITY or [triborough]  THE  TRIBOR-
 OUGH bridge and tunnel authority.
   2.  Notwithstanding  the provisions of [the preceding] subdivision ONE
 of this section:
   (a) If the city shall have provided in  its  capital  budget  for  its
 fiscal  year  beginning  July  first,  nineteen  hundred sixty-eight the
 amount of one hundred million dollars, or such lesser  amount  as  shall
 have  been  requested by the authority for inclusion in such budget, for
 the payment of the capital cost of projects requested by  the  authority
 pursuant  to  section  twelve hundred three of this title, then upon the
 written request of the mayor made within thirty days after the commence-
 ment of such fiscal year, [triborough] THE TRIBOROUGH bridge and  tunnel
 authority  shall  transfer  to  the  authority,  by  lump sum payment or
 installments at such time or times and in  such  amounts  as  the  mayor
 shall  elect,  all or such part of the surplus funds of [triborough] THE
 TRIBOROUGH bridge and tunnel authority on hand as of the last day of its
 last fiscal year ending prior to such request as the mayor shall  speci-
 fy,  which funds shall be applied by the authority solely to the payment
 of its expenses of operation. If the city shall  have  provided  in  its
 capital  budget  for  any of its next four fiscal years, commencing with
 the fiscal year beginning July first, nineteen hundred  sixty-nine,  the
 amount  of  one  hundred million dollars, or such lesser amount as shall
 have been requested by the authority for inclusion in such  budget,  for
 the  payment  of the capital cost of projects requested by the authority
 pursuant to section twelve hundred three of this title,  then  upon  the
 written request of the mayor made within thirty days after the commence-
 ment  of such fiscal year, [triborough] THE TRIBOROUGH bridge and tunnel
 authority shall transfer to the authority solely for application to  the
 payment  of expenses of operation of the authority the operating surplus
 of [triborough] THE TRIBOROUGH bridge and tunnel authority for its  last
 fiscal  year  ending prior to such request, which transfer shall also be
 by lump sum payment or installments at such time or times  and  in  such
 amounts  as the mayor shall elect. Projects shall be eligible for inclu-
 sion in a computation made hereunder only if included in a capital budg-
 et on the first day of the fiscal  year  for  which  it  is  adopted.  A
 carry-over  project  shall  not  be eligible for inclusion unless it was
 first included in a capital budget by way of an  amendment  thereto,  in
 which  event  it  shall  be eligible for inclusion in a computation made
 hereunder with respect to the first fiscal year of the  city  commencing
 after the adoption of the amendment.
   (b)  Promptly  upon  the  making of the certification of its operating
 surplus, if any, for its fiscal year ending December thirty-first, nine-
 teen hundred seventy-two and for each of its  subsequent  fiscal  years,
 [triborough]  THE  TRIBOROUGH bridge and tunnel authority, at the direc-
 S. 2830                            48
 
 tion of [metropolitan transportation] THE BIG APPLE  TRANSIT  authority,
 shall transfer such operating surplus (1) to the [metropolitan transpor-
 tation]  BIG  APPLE TRANSIT authority for deposit into one or more funds
 or accounts to be used as contemplated by section [twelve hundred seven-
 ty-d]  THIRTEEN  HUNDRED  FORTY-NINE-DD  of  this article, or (2) to the
 authority  and  the  [metropolitan  transportation]  BIG  APPLE  TRANSIT
 authority solely for application to the payment of the expenses of oper-
 ation.  [For  purposes of determining the proportional allocation of the
 operating surplus as between the authority and the  metropolitan  trans-
 portation  authority, the following formula shall apply: (i) twenty-four
 million dollars plus fifty percentum of the balance  of  such  operating
 surplus  shall  be  allocable  to  the authority, and (ii) the remainder
 shall be allocable to metropolitan transportation authority on behalf of
 the commuter railroads operated by it, by its subsidiary corporations or
 by others under joint arrangements.]
   (c) THE Triborough bridge and tunnel authority is authorized,  at  the
 direction of the [metropolitan transportation] BIG APPLE TRANSIT author-
 ity,  from time to time to make advances from available funds on account
 of the operating surplus it anticipates will or  may  be  certified  and
 transferred  as  provided  in  this subdivision to (1) the [metropolitan
 transportation] BIG APPLE TRANSIT authority for deposit into one or more
 funds or accounts to be used as contemplated by section [twelve  hundred
 seventy-d]  THIRTEEN  HUNDRED  FORTY-NINE-DD of this article, or (2) the
 authority  and  the  [metropolitan  transportation]  BIG  APPLE  TRANSIT
 authority solely for application to the payment of the expenses of oper-
 ation.  In the event that advances so made in respect of any fiscal year
 including the year in which the surpluses are being  earned  exceed  the
 amounts  required  to  be transferred to the authority and [metropolitan
 transportation]  THE  BIG  APPLE  TRANSIT  authority  pursuant  to   the
 provisions of this subdivision, then the amount of any such excess shall
 be  refunded  to [triborough] THE TRIBOROUGH bridge and tunnel authority
 by the authority or [metropolitan transportation] THE BIG APPLE  TRANSIT
 authority,  as  the  case  may  be,  within thirty days of the making by
 [triborough] THE TRIBOROUGH bridge and tunnel authority of  its  certif-
 ication of operating surplus for such fiscal year.
   (d) For the purposes of this subdivision, the existence and the amount
 of  surplus  funds  and operating surplus of [triborough] THE TRIBOROUGH
 bridge and tunnel authority shall be determined in accordance  with  the
 provisions  of subdivision twelve of section five hundred fifty-three of
 this chapter.
   (e) THE Triborough bridge and tunnel authority shall  certify  to  the
 mayor and to the chairman of [metropolitan transportation] THE BIG APPLE
 TRANSIT  authority  within  ninety days after the end of its fiscal year
 ending December thirty-first, nineteen hundred sixty-seven,  and  within
 forty-five  days  after  the end of each of its subsequent fiscal years,
 the amount of its operating surplus for that year and, in  the  case  of
 the  fiscal  year  ending December thirty-first, nineteen hundred sixty-
 seven, the amount of all of its surplus funds on hand as of the last day
 of such fiscal year.
   (f) No transfer of funds shall be made to the  authority  pursuant  to
 any  provision  of  this  section at any time when there shall have been
 pending and not acted upon by the mayor for ninety days any  request  of
 the authority for permission to expend or contract to expend funds for a
 project  included  in  a  capital  budget for transit facility purposes.
 There shall be excluded from such  ninety-day  period  any  time  during
 S. 2830                            49
 
 which  the mayor is prevented from acting by order of court or by opera-
 tion of law.
   [3.  Notwithstanding  the  preceding subdivisions of this section, for
 purposes of determining the proportional  allocation  of  the  operating
 surplus  of  the  Triborough  bridge  and  tunnel  authority between the
 authority and the metropolitan transportation  authority  the  following
 formula  shall  be used: An amount equal to the debt service incurred in
 such year as a result of the bonds issued to provide facilities pursuant
 to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of  section
 five hundred fifty-three of this chapter shall be added to the operating
 surplus  of  the Triborough bridge and tunnel authority, as certified by
 that authority. The sum of these figures shall then be allocated to  the
 authority  and the commuter railroads operated by metropolitan transpor-
 tation authority or by its  subsidiary  corporations,  pursuant  to  the
 formula contained in paragraph (b) of subdivision two of this section as
 if  this  amount were the operating surplus of the Triborough bridge and
 tunnel authority. The amounts so allocated  to  the  authority  and  the
 commuter  railroads operated by metropolitan transportation authority or
 by its subsidiary corporations, shall then be  reduced  respectively  by
 the  proportional  amount  of the debt service, incurred in such year by
 the Triborough bridge and tunnel authority pursuant to  paragraphs  (m),
 (n),  (o),  (p)  and  (r)  of  subdivision  nine of section five hundred
 fifty-three of this chapter, reasonably attributable to the payments for
 transit projects undertaken for the authority and its  subsidiaries  and
 transportation  facility  projects undertaken for the commuter railroads
 operated by the metropolitan transportation authority or by its  subsid-
 iary corporations. The remaining amounts shall constitute the respective
 allocation of operating surplus for the authority and the commuter rail-
 roads  operated  by  the metropolitan transportation authority or by its
 subsidiary corporations.]
   § 18. This act shall take effect January 1, 2024.
 
                                  PART C
 
   Section 1. Section 551 of the public authorities  law  is  amended  by
 adding two new subdivisions 11 and 12 to read as follows:
   11.  THE TERM "BIG APPLE TRANSIT AUTHORITY" SHALL MEAN THE CORPORATION
 CREATED BY TITLE ELEVEN-E OF THIS ARTICLE.
   12. THE TERM "CITY COUNCIL" SHALL MEAN THE CITY COUNCIL OF THE CITY OF
 NEW YORK.
   § 2. Subdivisions 1 and 2 of section 552  of  the  public  authorities
 law,  subdivision  1  as  amended by chapter 506 of the laws of 2009 and
 subdivision 2 as amended by section 1 of part O of  chapter  61  of  the
 laws of 2000, are 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
 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]  THE  BIG  APPLE  TRANSIT  authority.  The
 chairman  of such board shall be the chairman of [metropolitan transpor-
 tation] THE BIG  APPLE  TRANSIT  authority,  serving  ex  officio,  and,
 provided that there is an executive director of the [metropolitan trans-
 portation]  BIG  APPLE  TRANSIT authority, the executive director of the
 authority shall be the executive director of the [metropolitan transpor-
 tation] BIG APPLE TRANSIT authority, serving ex officio. Notwithstanding
 S. 2830                            50
 
 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 executive 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  execu-
 tive  officer  of  the Triborough bridge and tunnel authority or to such
 person as may succeed to the powers and duties of said  executive  offi-
 cer. 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 hereunder but shall  be  entitled  to  reimbursement  for
 their actual and necessary expenses incurred in the performance of their
 official duties.
   2.  A majority of the whole number of members of the authority then in
 office shall constitute a quorum for the transaction of any business  or
 the  exercise  of any power of the authority. Except as otherwise speci-
 fied in this title for the transaction of any business or  the  exercise
 of any power of the authority, the authority shall have the power to act
 by  a  majority  vote  of  the members present at any meeting at which a
 quorum is in attendance and except further, that in the event of  a  tie
 vote  the  chairman  shall cast one additional vote. For the purposes of
 the voting and quorum requirements of this subdivision, the  voting  and
 quorum  requirements  set  forth in [subdivision three of section twelve
 hundred sixty-three]  SUBDIVISION  THREE  OF  SECTION  THIRTEEN  HUNDRED
 FORTY-NINE-C  of  this  chapter  and  in any by-law of the [metropolitan
 transportation] BIG APPLE TRANSIT  authority  adopted  pursuant  to  the
 provisions  of  such  subdivision shall be applicable hereto. Such board
 and its corporate existence shall continue only for  a  period  of  five
 years  and  thereafter  until  all its liabilities have been met and its
 bonds, notes and other obligations  have  been  paid  in  full  or  such
 liabilities  or  bonds,  notes  or other obligations have otherwise been
 discharged, including bonds, notes or other obligations  issued  by  the
 metropolitan  transportation  authority  that are payable in whole or in
 part by revenues of the authority. When all liabilities incurred by  the
 authority  of  every kind and character have been met and all its bonds,
 notes and other obligations have been paid  in  full,  including  bonds,
 notes  or  other  obligations  issued by the metropolitan transportation
 authority that are payable in whole  or  in  part  by  revenues  of  the
 authority, or such liabilities or bonds, notes or other obligations have
 otherwise  been  discharged,  all rights and properties of the authority
 shall pass to and be vested in the city, except those rights and proper-
 ties held by it relating to the convention center which  shall  pass  to
 and be vested in the state. The authority shall retain full jurisdiction
 and  control  over all its projects, with the right and duty, subject to
 the limitations of subdivision nine of section five hundred  fifty-two-a
 of  this  title, to charge tolls and collect revenues therefrom, for the
 benefit of the holders of any of its bonds, notes or  other  obligations
 or  other liabilities, even if not issued or incurred in connection with
 the project. Upon the authority's ceasing to  exist  all  its  remaining
 rights  and  properties  shall pass to the city, except those rights and
 properties held by it relating to the convention center which shall pass
 to the state.
   § 3.  Subdivisions 4-a, 4-b and 7-a, paragraphs (k), (o), (p) and  (r)
 of  subdivision  9 and subdivisions 12, 13, 14, 17, 20 and 21 of section
 553 of the public authorities law, subdivision 4-a as added  by  chapter
 954 of the laws of 1946, subdivision 4-b as amended by section 2, subdi-
 vision  12 as amended by section 3, subdivision 17 as amended by section
 S. 2830                            51
 
 4 and subdivision 21 as added by section 5 of part O of  chapter  61  of
 the  laws  of 2000, subdivision 7-a as amended by section 7 of subpart B
 of part ZZZ of chapter 59 of the laws of 2019, paragraph (k) of subdivi-
 sion  9  as added by chapter 806 of the laws of 1955, paragraphs (o) and
 (p) of subdivision 9 as added by chapter 369 of the laws of 1979,  para-
 graph  (r) of subdivision 9 as added by chapter 314 of the laws of 1981,
 subdivision 13 as amended by chapter 576 of the laws of  1964,  subdivi-
 sion 14 as amended by chapter 874 of the laws of 1939 and subdivision 20
 as  added  by  chapter  929  of the laws of 1986, are amended to read as
 follows:
   4-a. Whenever any real property is determined by the authority  to  be
 unnecessary for its corporate purpose.
   (a)  to surrender such real property to the [board of estimate of the]
 city COUNCIL for other public use or purpose of such city, or
   (b) to sell and convey or lease in behalf of such city any real  prop-
 erty  acquired by the city at the expense of the authority. The proceeds
 of any such sale or lease shall be paid to the authority and applied  to
 its corporate purpose. Any such lease shall run for a term not to exceed
 ten years, and a renewal thereof for a term not to exceed ten years.
   4-b. To apply for and receive and accept grants of property, money and
 services  and  other  assistance  offered or made available to it by any
 person, government or agency whatever, which it may use to meet  capital
 or  operating  expenses  and  for  any other use within the scope of its
 powers, and to negotiate for the same upon such terms and conditions  as
 the  authority  may  determine to be necessary, convenient or desirable.
 Subject to the rights of the holders of any outstanding bonds, notes  or
 other  obligations  of  the  authority,  THE metropolitan transportation
 authority, THE BIG APPLE TRANSIT AUTHORITY and THE New York city transit
 authority, and to facilitate the efficient financial management  of  the
 authority,  THE  metropolitan  transportation  authority,  THE BIG APPLE
 TRANSIT AUTHORITY, its subsidiary corporations, and THE  New  York  city
 transit authority and its subsidiary corporations (the "affiliated enti-
 ties"),  the  authority  may,  and  may permit and direct any affiliated
 entity to, transfer revenues, subsidies and other monies  or  securities
 to one or more funds or accounts of another affiliated entity for use by
 such  other  affiliated entity, provided at the time of such transfer it
 is reasonably anticipated that the monies and securities so  transferred
 will  be  reimbursed, repaid or otherwise provided for by the end of the
 next succeeding calendar year if reimbursement or repayment is  required
 by law or by any agreement to which any of the affected affiliated enti-
 ties  is  subject.  Any revenues of an affiliated entity that are trans-
 ferred to another affiliated entity, which transfer was  not  authorized
 by  a  provision of law other than this subdivision, shall be considered
 to be required to be repaid to  the  affiliated  entity  which  was  the
 source  of such revenues by the end of the next succeeding calendar year
 following such transfer.
   7-a. Notwithstanding any inconsistent provision of law, the bridge and
 tunnel officers employed by the authority shall have the power to  issue
 simplified  traffic  informations  for traffic infractions as defined in
 section one hundred fifty-five of the vehicle and traffic law, committed
 on the sites owned, operated and maintained by the [triborough]  TRIBOR-
 OUGH  bridge  and tunnel authority, such informations to be administered
 pursuant to the provisions of CHAPTER TWO OF title [A of chapter  forty]
 NINETEEN  of  the administrative code of the city of New York or article
 two-A of the vehicle and traffic law, as applicable and also shall  have
 the  power to issue notices of violation for transit infractions commit-
 S. 2830                            52
 
 ted in and about any or all of the facilities, equipment or real proper-
 ty owned, occupied or operated by the [metropolitan transportation]  BIG
 APPLE TRANSIT authority or its subsidiaries and the New York city trans-
 it  authority  and  its subsidiaries, as provided and in accordance with
 section twelve hundred nine-a of this chapter. Nothing set forth in this
 subdivision shall be construed  to  impede,  infringe  or  diminish  the
 rights  and  benefits  that  accrue  to  employees and employers through
 collective bargaining agreements, or  impact  or  change  an  employee's
 membership in a bargaining unit.
   (k)  Subject  to  and  in accordance with all contract provisions with
 respect to any bonds and the rights of the holders of bonds, a vehicular
 bridge across the East river between  the  boroughs  of  the  Bronx  and
 Queens,  east  of  the Bronx-Whitestone bridge, together with such inci-
 dental bridges  and  other  structures,  appurtenances,  facilities  and
 approaches  as  shall  be  necessary  or convenient (herein collectively
 referred to as the "Throgs Neck bridge project"). With  the  consent  of
 the  United  States  of  America,  the  Throgs  Neck bridge project or a
 portion thereof, if deemed necessary or convenient by the authority, may
 be constructed upon or pass over any part of  the  military  reservation
 known  as  Fort  Schuyler  and owned by the United States of America. No
 lands, easements or rights in land shall be acquired  by  the  authority
 for  the  purposes  of  this  paragraph without the prior consent of the
 [board of estimate of the] city COUNCIL.
   [(o) Subject to section five hundred fifty-three-c of this title,  the
 acquisition of new diesel self-propelled railroad passenger cars and the
 transfer of the same to the metropolitan transportation authority, for a
 nominal consideration, for use on commuter railroads owned or controlled
 by  the  metropolitan transportation authority. The authority shall have
 no obligation to operate, repair,  maintain  or  reconstruct  such  cars
 subsequent  to their acquisition and transfer, nor shall it be liable to
 the metropolitan transportation authority by  reason  of  any  warranty,
 express  or  implied,  in  respect  of such cars. Manufacturers or other
 warranties furnished to the authority in connection with the purchase of
 such cars shall be assigned to the metropolitan transportation authority
 for enforcement.
   (p) Subject to section five hundred fifty-three-c of this  title,  the
 acquisition of land in the name of the authority in the vicinity of Penn
 Station  in the city of New York and/or the improvement of such land for
 the benefit of the Long Island Rail Road for a  lay-up  yard  and  other
 railroad purposes and the transfer of the said land and any improvements
 thereon to the metropolitan transportation authority, parent corporation
 of  the  said railroad, for a nominal consideration. The authority shall
 have no obligation to operate, repair, maintain or reconstruct such land
 or its improvements subsequent to such transfer.]
   (r) In its discretion and  subject  to  and  in  accordance  with  all
 contract  provisions  with  respect  to  any bonds and the rights of the
 holders of bonds, at the request of the New York city transit  authority
 or  the  [metropolitan  transportation] BIG APPLE TRANSIT authority, (i)
 the planning for and the design, acquisition, construction, improvement,
 reconstruction or rehabilitation, in the name of the authority,  of  any
 capital  asset,  whether  in the nature of personal or real property (or
 any interest therein) which is used or useful for a transit or transpor-
 tation purpose other than a marine or aviation purpose of the requesting
 authority or its designated subsidiary (and in the case of  such  assets
 then  owned,  operated  by or under lease to the requesting authority or
 its designated subsidiary, the receipt by  the  authority  of  the  use,
 S. 2830                            53
 
 occupancy, control or possession of such assets for the purpose of plan-
 ning, designing, constructing, improving, reconstructing or rehabilitat-
 ing  the  same)  and  the transfer or transfer back of such asset to the
 requesting  authority, its designated subsidiary or other designee for a
 nominal consideration upon its acquisition or  upon  the  completion  of
 such  improvement,  construction,  reconstruction or rehabilitation; or,
 alternatively or in combination with the foregoing, (ii) the  making  of
 capital  grants to the requesting authority or its designated subsidiary
 to permit it to undertake and to finance such planning, design, acquisi-
 tion, improvement, construction, reconstruction or  rehabilitation,  or,
 alternatively  or in combination with the foregoing, (iii) the financing
 of all or any part of the costs to the authority or to any other  person
 or  entity,  public  or  private, of such planning, design, acquisition,
 construction, improvement, reconstruction or rehabilitation of any  such
 capital  asset  through or accompanied by a leasing of the asset by such
 person or entity to the authority or through or accompanied by a sale by
 the authority to any such person or entity and leaseback to the authori-
 ty, in each case for subleasing to the requesting authority, its  desig-
 nated  subsidiary  or  other  designee for a nominal rental, except that
 such leasing or leaseback from such person or entity may be directly  to
 the requesting authority or its designated subsidiary or other designee,
 for consideration, with the consent and at the expense of the authority.
 The foregoing authorization shall extend to and include the continuation
 of  projects  enumerated  in paragraphs (m)[,] AND (n)[, (o) and (p)] of
 this subdivision without regard to any limitations set forth in  section
 five  hundred  fifty-three-c  of this title. The authority shall have no
 obligation to operate or, except as may otherwise  be  provided  in  any
 lease  to  which  it may be a party as aforesaid, repair or maintain any
 capital asset after its acquisition, construction,  improvement,  recon-
 struction  or rehabilitation and subsequent transfer, lease or sublease,
 nor shall it be liable to the transferee, lessee or sublessee by  reason
 of  any  warranty,  express  or  implied, in respect thereof. Warranties
 furnished   in   connection   with   such   acquisition,    improvement,
 construction,  reconstruction  or rehabilitation shall be assignable and
 assigned as directed by the requesting authority  and  approved  by  the
 authority.
   12.  To  charge  tolls,  fees  or  rentals for the use of the project,
 subject to and in accordance with such agreement with bondholders as may
 be made as hereinafter provided. The toll rates charged for the  use  of
 either the Triborough or Whitestone bridge project shall, however, never
 be  less  than the toll rates charged for the use of the other, and this
 clause shall be deemed an obligation to the holders of any and all bonds
 at any time issued secured by the revenues of said projects. Subject  to
 contracts  with  bondholders,  all tolls and other revenues derived from
 any project shall be applied to the payment of operating, administration
 and other necessary expenses of the  authority  properly  chargeable  to
 such  project  and thereafter to the payment of interest or principal of
 bonds or for making sinking  fund  payments  for  bonds,  not  otherwise
 adequately  provided for, whether issued in connection with such project
 or any other project. It is the intention hereof that surplus funds from
 any project remaining after providing for the payment of all  operating,
 administration  and  other  necessary  expenses of the authority and all
 contract provisions with respect to any bonds, may be used to meet obli-
 gations incurred for other projects and if not so used or  reserved  for
 such  use  shall, at the discretion of [metropolitan transportation] THE
 BIG APPLE TRANSIT authority, be transferred to [metropolitan transporta-
 S. 2830                            54

 tion] THE BIG APPLE TRANSIT authority  or  THE  New  York  city  transit
 authority  pursuant  to section five hundred sixty-nine-c of this title.
 Subject to contracts with bondholders, the authority may  treat  one  or
 more  projects  as a single enterprise in respect of revenues, expenses,
 the issuance of bonds, maintenance, operation or other purposes;
   13. To construct and maintain over, under, along or across the project
 telephone, telegraph, or electric wires and  cables,  gas  mains,  water
 mains and other mechanical equipment not inconsistent with the appropri-
 ate  use  of the project, to contract for such construction and to lease
 the right to construct and/or use the same on such terms  and  for  such
 considerations  as  it shall determine, provided, however, that no lease
 shall be made except with the approval of the [board of estimate of the]
 city COUNCIL, or for a period of more than twenty years  from  the  date
 when it is made;
   14.  To  construct  and maintain facilities for the public, not incon-
 sistent with the use of the project, to contract for such  construction,
 and  to  lease the right to construct and/or use such facilities on such
 terms and for such  considerations  as  it  shall  determine,  provided,
 however,  that  no  lease  shall  be made for a period of more than five
 years from the date when it is made except  with  the  approval  of  the
 [board of estimate of the] city COUNCIL;
   17.  To  do all things necessary or convenient to carry out the powers
 expressly given in this title and  to  assist  and  cooperate  with  the
 [metropolitan  transportation]  BIG APPLE TRANSIT authority to carry out
 the powers  of  the  [metropolitan  transportation]  BIG  APPLE  TRANSIT
 authority  in furtherance of the purposes and powers of the authority as
 provided in this article,  including,  without  limitation,  the  trans-
 actions  described  in  sections  [twelve  hundred sixty-six-c] THIRTEEN
 HUNDRED  FORTY-NINE-J,  [twelve  hundred  sixty-nine]  THIRTEEN  HUNDRED
 FORTY-NINE-U,  and  [twelve  hundred  seventy-d] THIRTEEN HUNDRED FORTY-
 NINE-DD of this chapter.
   20. Prior to the adoption after January first, nineteen hundred eight-
 y-seven by the authority of a general resolution pursuant to which it is
 authorized to issue any general or special obligation bonds or notes  to
 finance  a  project pursuant to the authorization contained in paragraph
 (r) of subdivision nine of this section, not including any series resol-
 ution or resolutions, and prior to the adoption of any  amendment  to  a
 general resolution, whenever adopted, pursuant to which it is authorized
 to  issue  any  general  or  special  obligation bonds or notes for such
 purpose, not including a series resolution or resolutions, the authority
 shall submit a copy of such proposed  resolution  to  the  [metropolitan
 transportation  authority  capital  program  review]  BIG  APPLE TRANSIT
 AUTHORITY'S board (hereinafter  referred  to  as  the  "board").  Within
 fifteen  days  of such submission, the board may notify the authority of
 its unanimous approval of the same by the members entitled to vote ther-
 eon, or if the resolution is not approved and no  individual  member  of
 the  board  who  is entitled to vote on such resolution has notified the
 authority in writing of his disapproval, the resolution shall be  deemed
 to  have  been  approved. Neither the board nor any member thereof shall
 disapprove a proposed resolution by reason of any covenant requiring the
 authority to charge and fix tolls, rentals and other charges  sufficient
 to  pay its operating expenses and the debt service, including the fund-
 ing of requisite reserves, on the bonds and  notes  authorized  by  such
 resolution.  If the board or any member thereof entitled to vote thereon
 shall disapprove a proposed resolution, the authority may, at any  time,
 resubmit a reformulated resolution. Within ten days of the submission of
 S. 2830                            55
 
 such  reformulated  resolution the board may notify the authority of its
 unanimous approval of the same by the members entitled to vote  thereon,
 or,  if  the  reformulated  resolution is not approved and no individual
 member  of  the  board  who is entitled to vote thereon has notified the
 authority in writing of his disapproval within such period, the reformu-
 lated resolution shall have been deemed to  have  been  approved.    Any
 individual  member  of  the  board  who  votes against a resolution or a
 reformulated resolution or who notifies the authority of his disapproval
 shall state his reasons therefor. The member appointed on the  recommen-
 dation  of  the  mayor  of the city of New York shall participate in the
 action of the board with respect to  any  resolution  of  the  authority
 submitted  pursuant to this subdivision. The authority shall not adopt a
 resolution or any amendment to a resolution disapproved by the board  as
 herein provided.
   21.  To  invest  any  funds, accounts or other monies not required for
 immediate use or disbursement, at the discretion of  the  authority,  in
 any  of  the  investments in which the [metropolitan transportation] BIG
 APPLE TRANSIT authority is permitted to invest its  monies  pursuant  to
 subdivision four of section [twelve hundred sixty-five] THIRTEEN HUNDRED
 FORTY-NINE-E of this chapter.
   §  4.  The  opening  paragraph  of  subdivision 1 and subdivision 2 of
 section 553-c of the public authorities law, as amended by  chapter  273
 of the laws of 1980, are amended to read as follows:
   The  authority  shall have the power to finance all or any part of the
 costs of railroad and rapid transit costs enumerated in  paragraphs  [m,
 n,  o  and  p]  (M)  AND (N) of subdivision nine of section five hundred
 fifty-three of this [article] TITLE through the issuance of its  negoti-
 able bonds, notes or other obligations in the manner provided in section
 five  hundred  sixty-one  of  this  [chapter]  TITLE subject only to the
 following limitations:
   2. Moneys expended pursuant to subdivision one of this  section  shall
 be  utilized  insofar as practical to: (a) purchase at least one hundred
 twenty-four new subway cars for the New York city transit authority, AND
 (b) rehabilitate at least two hundred eighty existing  subway  cars  for
 the  New  York city transit authority[, (c) acquire at least fifteen new
 diesel self-propelled  railroad  passenger  cars  for  the  metropolitan
 transportation authority commuter service area and (d) provide a passen-
 ger  car  lay-up yard and other facilities for the Long Island Rail Road
 in Manhattan]. The authority shall either apply for or  make  reasonable
 effort  to  secure federal assistance in support of each of the programs
 herein authorized and to the extent such federal assistance is forthcom-
 ing and/or other cost savings are realized  with  respect  to  any  such
 program  shall  have  the power to expand the size of that or any of the
 foregoing programs.
   § 5. Section 553-d of  the  public  authorities  law,  as  amended  by
 section  6  of  part  O of chapter 61 of the laws of 2000, is amended to
 read as follows:
   § 553-d. Special Triborough bridge and tunnel authority special  obli-
 gation bonds and notes. In addition to the powers contained elsewhere in
 this  title  with  respect to the projects authorized by paragraphs (m),
 (n)[, (o), (p)] and (r) of subdivision  nine  of  section  five  hundred
 fifty-three  of this title, and subject to the application of the reven-
 ues and other monies and assets of the  authority  pursuant  to  section
 [twelve  hundred seventy-d] THIRTEEN HUNDRED FORTY-NINE-DD of this chap-
 ter, the authority may  issue  its  bonds  and  notes  to  finance  such
 projects  payable  from  and  secured  by  all or any part of the moneys
 S. 2830                            56
 
 received by the authority from the metropolitan transportation authority
 special assistance fund established under section twelve hundred  seven-
 ty-a  of  this  chapter,  provided however that such bonds and notes may
 also  be  payable  from  and secured by any other moneys, securities and
 funds designated by the authority as additional security therefor.  Debt
 service  on  bonds  and  notes  issued by the authority pursuant to this
 section which is paid or reimbursed from moneys received by the authori-
 ty from the metropolitan  transportation  authority  special  assistance
 fund  shall  not  be  deemed  to constitute debt service incurred by the
 authority for purposes of subdivision three of  section  twelve  hundred
 nineteen-a  of this chapter.  Such bonds or notes shall be issued in the
 manner provided in section five hundred sixty-one of this title.
   § 6. Subdivisions 1, 7, 8, 9, 10 and 11 of section 553-e of the public
 authorities law, as added by chapter 314 of the laws of  1981,  subdivi-
 sion 10 as amended by chapter 558 of the laws of 1981 and subdivision 11
 as  amended  by  chapter 929 of the laws of 1986, are amended to read as
 follows:
   1. (a) In its performance of any project authorized by paragraph  (m),
 (n)[,  (o),  (p)]  or  (r)  of  subdivision nine of section five hundred
 fifty-three of this title, the authority shall not be deemed  the  agent
 or  instrumentality of any other public benefit or municipal corporation
 notwithstanding the fact that title to any real or personal property (or
 any interest therein) which is the subject of  or  is  a  part  of  such
 project  is  held by, or upon completion of such project is to be trans-
 ferred to, any such entity, and the provisions of section  five  hundred
 fifty-nine  of  this  title  shall not be applicable with respect to any
 such project. In its performance of any such project for  the  New  York
 city  transit  authority,  however,  the  provisions  of  section twelve
 hundred nine of this chapter shall apply to the authority as if it  were
 the "authority" referred to therein.
   (b)  Neither  the  provisions of section one hundred ninety-seven-c of
 the New York city charter, relating to a uniform land use review  proce-
 dure,  nor the provisions of any other local law of the city of New York
 of like or similar tenor or import shall apply (i) to the acquisition of
 any real property (or any interest therein) for the purposes of any such
 project by the city or by the New York city transit authority or any  of
 its  subsidiaries;  (ii) to the subsequent transfer of any real property
 (or interest therein) so acquired to the authority or its  designee  for
 the  purposes of such project or to the transfer to the authority or its
 designee for such purposes of any real property  (or  interest  therein)
 then  owned by the city or by the New York city transit authority or any
 such subsidiary; nor (iii) to the  transfer  to  the  authority  or  its
 designee  for  such  purposes of the right of use, occupancy, control or
 possession of any real property (or interest therein), whether presently
 owned or hereafter acquired by the city or by the New York city  transit
 authority  or  any such subsidiary; provided in each such case, however,
 that if at the time of such proposed acquisition or  transfer  the  real
 property  which  is  the  subject of such acquisition or transfer is not
 then being utilized for a transit or transportation purpose or is not an
 insubstantial addition to such  property  contiguous  thereto;  (a)  the
 authority  proposing to acquire or receive such property shall, unless a
 submission with respect to such property has previously  been  made  and
 approved  as  herein  provided,  submit  to  the community board for the
 community district in which such property is located, data with  respect
 to  the  proposed use of such property and to the design of any facility
 proposed to be constructed  thereon;  (b)  such  community  board  shall
 S. 2830                            57
 
 inform  the  [board  of  estimate of the] city COUNCIL of New York, with
 copies to the city planning commission of the city of New York  and  the
 proposing authority, of its views and recommendations with respect ther-
 eto  within  forty-five  days  of  such submission, and if the community
 board shall fail to so inform the [board of estimate] CITY COUNCIL with-
 in such period it shall be deemed to have recommended the proposal;  and
 (c)  the  [board of estimate] CITY COUNCIL shall, within forty-five days
 of the recommendation of the community board, approve or disapprove such
 acquisition or transfer, and if the [board  of  estimate]  CITY  COUNCIL
 shall fail to act within such period it shall be deemed to have approved
 the same.
   7.  The [metropolitan transportation] BIG APPLE TRANSIT authority, the
 New York city transit authority and the designated subsidiaries of  each
 of  them  are  each  hereby  authorized  (i) to request the authority to
 undertake any such project; (ii) to acquire in its  own  name  by  gift,
 purchase  or condemnation, and, additionally, in the case of the [metro-
 politan transportation] BIG APPLE TRANSIT  authority,  by  appropriation
 pursuant  to  section  [twelve  hundred  sixty-seven-a] THIRTEEN HUNDRED
 FORTY-NINE-Q of this chapter, any real  or  personal  property  (or  any
 interest  therein),  which is needed or useful for or in connection with
 such project, the provisions of any lease or other  agreement  with  the
 city to the contrary notwithstanding, and to surrender the use, occupan-
 cy,  control  or  possession of or to transfer the same, or of any other
 such real or personal property (or any interest therein) which it  owns,
 leases, operates or controls, to the authority; (iii) to accept a trans-
 fer, transfer back, lease or sublease of any such project or part there-
 of upon its completion; (iv) to undertake any such project itself, or to
 finance, through loans, leases or otherwise, any other person or entity,
 public  or  private,  to  do so, in each case using funds granted by the
 authority to pay all or any part of the costs thereof (such undertaking,
 in the case of the New York city transit authority and  its  subsidiary,
 the  Manhattan and Bronx surface transit operating authority, being free
 of any restriction set forth in subparagraph  (ii)  of  paragraph  b  of
 subdivision  one  of section twelve hundred three or in paragraph (c) of
 subdivision five of section twelve hundred three-a of this chapter); and
 (v) to make its  agents,  employees  and  facilities  available  to  the
 authority in connection therewith.
   8.  No  such  project to be constructed upon real property theretofore
 used for a transit or transportation purpose,  or  on  an  insubstantial
 addition to such property contiguous thereto, which will not change in a
 material  respect  the general character of such prior transit or trans-
 portation use, nor any  acts  or  activities  in  connection  with  such
 project,  shall be subject to the provisions of article eight, nineteen,
 twenty-four or twenty-five of the environmental conservation law, or  to
 any  local  law  or  ordinance adopted pursuant to any such article. Nor
 shall any project or acts or activities in connection therewith taken by
 any person or entity, public or  private,  pursuant  to  paragraph  (m),
 (n)[,  (o),  (p),]  or  (r)  of subdivision nine of section five hundred
 fifty-three of this title be subject to the provisions of article  eight
 of  the  environmental  conservation law if such project, acts or activ-
 ities to be taken in connection therewith require the preparation  of  a
 statement  under  or pursuant to any federal law or regulation as to the
 environmental impact thereof.
   9. In connection with the negotiation,  award  and  implementation  of
 contracts  of  the authority relating to any project hereafter initiated
 pursuant to paragraphs (m), (n)[, (o), (p)] and (r) of subdivision  nine
 S. 2830                            58
 
 of  section  five  hundred  fifty-three of this title, the provisions of
 [paragraphs (a), (b), (c) and (d) of subdivision] SUBDIVISIONS  thirteen
 AND  FOURTEEN  of  section [twelve hundred sixty-six-c] THIRTEEN HUNDRED
 FORTY-NINE-J  of this chapter shall apply to the authority as if it were
 the "authority" referred to therein, and the [officer designated by  the
 metropolitan  transportation authority pursuant to paragraph (e) of that
 subdivision] DIVISION OF MINORITY   AND  WOMEN'S  BUSINESS  DEVELOPMENT,
 ESTABLISHED  PURSUANT  TO  ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, shall
 perform the duties therein described with respect to such  contracts  of
 the authority.
   10. The financing of any such project through the issuance of bonds or
 notes  of  the  authority  shall be subject to the provisions of section
 [twelve hundred sixty-nine-b]  THIRTEEN  HUNDRED  FORTY-NINE-V  of  this
 chapter.
   11.  The  aggregate  principal  amount  of  bonds and notes issued and
 outstanding at any time to finance  projects  authorized  by  paragraphs
 (m), (n)[, (o), (p)] and (r) of subdivision nine of section five hundred
 fifty-three  of  this  title  shall  not  exceed one billion one hundred
 million dollars through December thirty-first, nineteen hundred  eighty-
 six  and  three billion two hundred million dollars thereafter, provided
 however that such latter amount shall not exceed two billion two hundred
 million dollars for all bonds and notes other than those issued pursuant
 to section five hundred fifty-three-d of this title.    This  limitation
 shall  not  include  (i)  bonds  and notes issued to refund or otherwise
 repay bonds or notes theretofore issued for such  purposes,  (ii)  bonds
 issued  to  fund  any  reasonably required debt service reserve fund for
 bonds and notes, and  (iii)  an  amount  equal  to  any  original  issue
 discount  from  the  [prinicipal] PRINCIPAL amount of any bonds or notes
 issued and then outstanding. From the proceeds of the  bonds  and  notes
 provided for in the first sentence of this subdivision, other than bonds
 or notes authorized by section five hundred fifty-three-d of this title,
 the authority shall not expend more than one billion three hundred twen-
 ty  million  dollars  for transit projects as defined in section [twelve
 hundred sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J of this  chapter  nor
 more than eight hundred eighty million dollars for transportation facil-
 ities  as  such  term  is  defined in subdivision [fourteen] NINETEEN of
 section [twelve hundred sixty-one] THIRTEEN HUNDRED FORTY-NINE-B of this
 chapter other than marine or aviation facilities. For  the  purposes  of
 this subdivision, facilities under the jurisdiction of the Staten Island
 rapid transit operating authority shall be considered transit projects.
   § 7. Intentionally omitted.
   §  8. Subdivision 2 of section 553-j of the public authorities law, as
 added by section 5 of subpart A of part ZZZ of chapter 59 of the laws of
 2019, is amended to read as follows:
   2. Monies in the fund shall be applied,  subject  to  agreements  with
 bondholders  and  applicable  federal  law, to the payment of operating,
 administration, and other necessary expenses of the authority, or to the
 city of New York subject to the  memorandum  of  understanding  executed
 pursuant  to  subdivision two-a of section seventeen hundred four of the
 vehicle and traffic law properly allocable to  such  program,  including
 the  planning, designing, constructing, installing or maintaining of the
 central business district tolling program,  including,  without  limita-
 tion,  the central business district tolling infrastructure, the central
 business district tolling collection system  and  the  central  business
 district  tolling  customer service center, and the costs of any [metro-
 politan transportation] BIG APPLE  TRANSIT  authority  capital  projects
 S. 2830                            59
 
 included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT AUTHORITY capi-
 tal  program  or  any successor programs. Monies in the fund may be: (a)
 pledged by the authority to secure and be applied to the payment of  the
 bonds,  notes or other obligations of the authority to finance the costs
 of the central business district  tolling  program,  including,  without
 limitation,  the  central  business district tolling infrastructure, the
 central business district tolling  collection  system  and  the  central
 business  district tolling customer service center, and the costs of any
 [metropolitan  transportation]  BIG  APPLE  TRANSIT  authority   capital
 projects  included  within  the  2020  to  2024  [MTA] BIG APPLE TRANSIT
 AUTHORITY capital program or  any  successor  programs,  including  debt
 service,  reserve  requirements, if any, the payment of amounts required
 under bond and  note  facilities  or  agreements  related  thereto,  the
 payment  of federal government loans, security or credit arrangements or
 other agreements related thereto; or (b) used by the authority  for  the
 payment  of  such capital costs of the central business district tolling
 program and the costs of any  [metropolitan  transportation]  BIG  APPLE
 TRANSIT  authority  capital  projects  included  within the 2020 to 2024
 [MTA] BIG APPLE TRANSIT  AUTHORITY  capital  program  or  any  successor
 programs;  or  (c)  transferred to the [metropolitan transportation] BIG
 APPLE TRANSIT authority and (1) pledged by the [metropolitan transporta-
 tion] BIG APPLE TRANSIT authority  to  secure  and  be  applied  to  the
 payment  of  the  bonds, notes or other obligations of the [metropolitan
 transportation] BIG APPLE TRANSIT authority to finance the costs of  any
 [metropolitan   transportation]  BIG  APPLE  TRANSIT  authority  capital
 projects included within the  2020  to  2024  [MTA]  BIG  APPLE  TRANSIT
 AUTHORITY  capital  program  or  any  successor programs, including debt
 service, reserve requirements, if any, the payment of  amounts  required
 under  bond  and  note  facilities  or  agreements  related thereto, the
 payment of federal government loans, security or credit arrangements  or
 other  agreements  related  thereto,  or  (2)  used by the [metropolitan
 transportation] BIG APPLE TRANSIT authority for the payment of the costs
 of any [metropolitan transportation] BIG APPLE TRANSIT authority capital
 projects included within the  2020  to  2024  [MTA]  BIG  APPLE  TRANSIT
 AUTHORITY capital program or any successor programs. Such revenues shall
 only  supplement  and  shall  not  supplant any federal, state, or local
 funds expended by the authority or the [metropolitan transportation] BIG
 APPLE TRANSIT authority, or such authority's or [metropolitan  transpor-
 tation]  BIG  APPLE  TRANSIT  authority's affiliates or subsidiaries for
 such respective purposes. Central business district toll revenues may be
 used as required to obtain, utilize, or maintain  federal  authorization
 to collect tolls on federal aid highways.
   § 9. Subdivisions 3, 3-a and 4 of section 553-j of the public authori-
 ties  law,  as added by section 5 of subpart A of part ZZZ of chapter 59
 of the laws of 2019, are amended to read as follows:
   3. Any monies deposited in the fund shall be held in the fund free and
 clear of any claim by any person arising out of or  in  connection  with
 article  forty-four-C  of  the  vehicle  and traffic law and subdivision
 twelve-a of section five hundred  fifty-three  of  this  title.  Without
 limiting  the  generality  of the foregoing, no person paying any amount
 that is deposited into the fund shall have any right  or  claim  against
 the  authority  or  the  [metropolitan transportation] BIG APPLE TRANSIT
 authority, any of their bondholders,  any  of  the  authority's  or  the
 [metropolitan transportation] BIG APPLE TRANSIT authority's subsidiaries
 or  affiliates  to  any  monies  in  or  distributed from the fund or in
 respect of a refund, rebate, credit or reimbursement of  monies  arising
 S. 2830                            60
 
 out  of  or  in  connection with article forty-four-C of the vehicle and
 traffic law and subdivision twelve-a of section five hundred fifty-three
 of this title.
   3-a.  Of  the capital project costs paid by this fund[: eighty percent
 shall be capital project costs of the New York  city  transit  authority
 and its subsidiary, Staten Island Rapid Transit Operating Authority, and
 MTA  Bus with] priority SHALL BE given to the subway system, new signal-
 ing, new subway cars, track and car repair, accessibility, buses and bus
 system improvements and further investments in expanding transit  avail-
 ability  to  areas  in the outer boroughs that have limited mass transit
 options; ten percent shall be capital project costs of the  Long  Island
 Rail  Road,  including  but  not limited to, parking facilities, rolling
 stock,  capacity  enhancements,  accessibility,  and  expanding  transit
 availability  to  areas  in  the  Metropolitan  Commuter  Transportation
 District that have limited mass transit options; and ten  percent  shall
 be  capital  project costs of the Metro-North Commuter Railroad Company,
 including but not limited to, parking facilities, rolling stock, capaci-
 ty enhancements, accessibility, and expanding  transit  availability  to
 areas  in  the  Metropolitan  Commuter Transportation District that have
 limited mass transit options.
   4. The authority shall report annually on all  receipts  and  expendi-
 tures  of  the  fund.  The report shall detail operating expenses of the
 central business district tolling  program  and  all  fund  expenditures
 including capital projects. The report shall be readily available to the
 public,  and shall be posted on the authority's website and be submitted
 to [the governor, the temporary president of the senate, the speaker  of
 the  assembly,]  the  mayor and council of the city of New York, AND the
 [metropolitan transportation] BIG APPLE TRANSIT  authority  board[,  and
 the metropolitan transportation authority capital program review board].
   §  10. Subdivision 5 of section 553-k of the public authorities law is
 REPEALED.
   § 11. Section 555 of the public authorities law, as amended by chapter
 655 of the laws of 1978, is amended to read as follows:
   § 555. Selection of site. Notwithstanding any provisions of any  other
 statute,  the authority in conjunction with the commissioner of parks of
 the city or his successor, the commissioner of parks and recreation, and
 with the approval of the [board of estimate] CITY COUNCIL of  such  city
 and  with  the separate approval of the mayor thereof, is hereby author-
 ized to select sites in the boroughs of the Bronx and Queens of the city
 for the Whitestone bridge project  and  parkways  connecting  therewith,
 which  sites  may  be in or through existing public parks, and to select
 sites for new public parks contiguous to such project or  contiguous  to
 the  roads, streets, parkways or avenues connecting with such project. A
 site or sites may be selected for  any  or  all  of  the  aforementioned
 purposes  and  thereafter  the  use  thereof  shall  be allocated by the
 commissioner of parks and recreation as herein provided. The property so
 selected solely for such project, not already owned by the  city,  shall
 be  acquired at the sole expense of the authority in the manner provided
 for under this title. The property so selected  solely  for  new  public
 parks shall be acquired by the city at its sole expense. The cost of the
 property so selected for such project, combined with any other aforemen-
 tioned  purposes  the use of which is to be thereafter determined, shall
 be divided between the city and the authority as may be determined by  a
 contract  or  contracts hereby authorized to be entered into between the
 city and the authority, subject to the approval of the [board  of  esti-
 mate of the] city COUNCIL. So much of the sites so selected and acquired
 S. 2830                            61

 or  such  easements  or  rights  of  way  therein as may be necessary or
 convenient for the corporate purposes of the authority may  be  assigned
 by the commissioner of parks and recreation of the city to the authority
 for its use so long as its corporate existence shall continue.
   § 12. Section 557 of the public authorities law, as amended by chapter
 576 of the laws of 1964, is amended to read as follows:
   § 557. Grant of land by the city to the authority. The city shall have
 power and authority by resolution of the [board of estimate of the] city
 COUNCIL  to  assign  to  the  authority, without consideration, any land
 owned by the city on the seventh day of April, nineteen hundred  thirty-
 three,  or  thereafter  acquired  by  it,  needed  or convenient for the
 project, including lands released or to be released by the state to  the
 city pursuant to chapter three hundred seventy-nine of the laws of nine-
 teen hundred twenty-nine as amended.
   § 13. Subdivision 3 of section 557-a of the public authorities law, as
 added by chapter 874 of the laws of 1939, is amended to read as follows:
   3.  The  city  may,  by  resolution  of  the  [board of estimate] CITY
 COUNCIL, or by deed authorized by such a  resolution,  convey,  with  or
 without  consideration,  to  the  authority  for the project the use and
 occupancy, for so long as its corporate existence shall continue, of any
 lands then owned by the city including lands which, by  any  other  law,
 are inalienable by the city, and such conveyance may reserve to the city
 such  rights  as  shall  not restrict the authority in the construction,
 reconstruction, operation and maintenance of the project.
   § 14. Subdivision 1 of section 561 of the public authorities  law,  as
 amended  by  section  7  of part O of chapter 61 of the laws of 2000, is
 amended to read as follows:
   1. The authority shall have the power and is  hereby  authorized  from
 time to time to issue its negotiable bonds in conformity with applicable
 provisions  of  the uniform commercial code for any corporate purpose or
 power. The authority shall have power from time to time and whenever  it
 deems  refunding  advantageous or desirable, to refund, redeem or other-
 wise pay, including by purchase or tender any bonds by the  issuance  of
 new  bonds,  whether  the bonds to be refunded have or have not matured,
 and may issue bonds partly to refund bonds then outstanding  and  partly
 for  any  other  corporate purpose or power.  The refunding bonds may be
 exchanged for the bonds to be refunded, with such  cash  adjustments  as
 may  be  agreed, or may be sold and the proceeds applied to the purchase
 or payment of the bonds to be refunded. The authority may issue  general
 or  special  obligation  bonds.  Every issue of general obligation bonds
 shall be payable out of any moneys or revenues of the authority, subject
 only to any agreements with the holders of particular bonds pledging any
 particular tolls or revenues. Every issue of  special  obligation  bonds
 shall  be payable out of any revenues, receipts, monies or assets of the
 authority, the [metropolitan transportation] BIG APPLE TRANSIT authority
 and its subsidiary corporations and the New York city transit  authority
 and  its subsidiary corporations identified for such purposes in accord-
 ance with agreements with the holders of particular bonds.
   § 15. Section 569-c of the  public  authorities  law,  as  amended  by
 section  9  of  part  O of chapter 61 of the laws of 2000, is amended to
 read as follows:
   § 569-c. Transfer and receipt of surplus  funds.  Notwithstanding  any
 provision  of this title or any other provision of law, general, special
 or local, the authority shall, at the  direction  of  the  [metropolitan
 transportation]  BIG APPLE TRANSIT authority, from time to time transfer
 and pay over all or any part of its surplus funds to  (a)  [metropolitan
 S. 2830                            62

 transportation] THE BIG APPLE TRANSIT authority or (b) THE New York city
 transit  authority, all in accordance with the provisions of subdivision
 twelve of section five hundred fifty-three of this title [and the deter-
 mination of the proportional allocation of such amounts of surplus funds
 so  deposited  as  between  the  New York city transit authority and the
 commuter railroads operated  by  metropolitan  transportation  authority
 shall be governed by the provisions of section twelve hundred nineteen-a
 of  this chapter] and the authority may accept and use any moneys trans-
 ferred and paid over to it  by  [metropolitan  transportation]  THE  BIG
 APPLE TRANSIT authority or THE New York city transit authority.
   § 16. This act shall take effect January 1, 2024.
 
                                  PART D
 
   Section  1.  Article  5  of  the  public authorities law is amended by
 adding a new title 11-E to read as follows:
                                TITLE 11-E
                        BIG APPLE TRANSIT AUTHORITY
 SECTION 1349-A.   SHORT TITLE.
         1349-B.   DEFINITIONS.
         1349-C.   BIG APPLE TRANSIT AUTHORITY.
         1349-D.   PURPOSES OF THE AUTHORITY.
         1349-E.   GENERAL POWERS OF THE AUTHORITY.
         1349-F.   CONTRACTS.
         1349-G.   BIG APPLE TRANSIT AUTHORITY SMALL  BUSINESS  MENTORING
                     PROGRAM.
         1349-H.   SPECIAL POWERS OF THE AUTHORITY.
         1349-I.   MEDICAL EMERGENCY SERVICES.
         1349-J.   TRANSIT PROJECTS.
         1349-K.   EXCESS LOSS FUND.
         1349-L.   AUTHORITY POLICE FORCE.
         1349-M.   THE PERMANENT CITIZENS ADVISORY COMMITTEE.
         1349-N.   BIG APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS.
         1349-O.   EXPIRED FARE TRANSFER POLICY.
         1349-P.   ACQUISITION AND DISPOSITION OF REAL PROPERTY.
         1349-Q.   ACQUISITION   AND  DISPOSITION  OF  REAL  PROPERTY  BY
                     DEPARTMENT OF TRANSPORTATION.
         1349-R.   TRANSIT FACILITIES FOR TRANSIT CONSTRUCTION FUND.
         1349-S.   CO-OPERATION AND ASSISTANCE OF OTHER AGENCIES.
         1349-T.   PROMOTION OF QUALIFIED TRANSPORTATION FRINGES.
         1349-U.   NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY.
         1349-V.   CAPITAL PROGRAM PLANS;  APPROVALS;  EFFECT  OF  DISAP-
                     PROVAL.
         1349-W.   SUBMISSION OF STRATEGIC OPERATION PLAN.
         1349-X.   FINANCIAL AND OPERATIONAL REPORTS.
         1349-Y.   MISSION STATEMENT AND MEASUREMENT REPORT.
         1349-Z.   REQUIREMENTS   FOR  CERTAIN  AUTHORITY  CONTRACTS  AND
                     RELATED SUBCONTRACTS.
         1349-AA.  RESERVE FUNDS AND APPROPRIATIONS.
         1349-BB.  BIG APPLE TRANSIT AUTHORITY SPECIAL ASSISTANCE FUND.
         1349-CC.  BIG APPLE TRANSIT AUTHORITY DEDICATED TAX FUND.
         1349-DD.  CONSOLIDATED FINANCINGS.
         1349-EE.  REGULATION OF CERTAIN AUTHORITY EXPENDITURES.
         1349-FF.  METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND.
         1349-GG.  NEW YORK CITY TRANSPORTATION ASSISTANCE FUND.
         1349-HH.  AGREEMENT OF THE STATE.
 S. 2830                            63
 
         1349-II.  RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
         1349-JJ.  REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.
         1349-KK.  NOTES AND BONDS AS LEGAL INVESTMENT.
         1349-LL.  EXEMPTION FROM TAXATION.
         1349-MM.  ACTIONS AGAINST THE AUTHORITY.
         1349-NN.  ANNUAL AUDIT OF AUTHORITY.
         1349-OO.  AUTHORITY BUDGET AND FINANCIAL PLAN.
         1349-PP.  INDEPENDENT AUDIT OF AUTHORITY.
         1349-QQ.  INDEPENDENT AUDIT BY THE LEGISLATURE.
         1349-RR.  REPORTING.
         1349-SS.  TRANSFER AND RECEIPT OF SURPLUS FUNDS.
         1349-TT.  TITLE  NOT  AFFECTED  IF  IN  PART UNCONSTITUTIONAL OR
                     INEFFECTIVE.
         1349-UU.  BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL.
         1349-VV.  MANAGEMENT ADVISORY BOARD.
         1349-WW.  THE OFFICE OF LEGISLATIVE AND COMMUNITY INPUT.
         1349-XX.  SUPPLEMENTAL REVENUE REPORTING PROGRAM.
   § 1349-A. SHORT TITLE. THIS TITLE MAY BE KNOWN AND MAY BE CITED AS THE
 "BIG APPLE TRANSIT AUTHORITY ACT".
   § 1349-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS  A
 DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
   1.  "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION THIRTEEN
 HUNDRED FORTY-NINE-C OF THIS TITLE.
   2. "AUTHORITY FACILITIES" SHALL MEAN THE  AUTHORITY'S  TRANSIT,  RAIL-
 ROAD, OMNIBUS, MARINE AND AVIATION FACILITIES AND OPERATIONS PURSUANT TO
 JOINT SERVICE ARRANGEMENTS.
   3.  "BUDGET"  SHALL  MEAN  THE PRELIMINARY, FINAL PROPOSED AND ADOPTED
 FINAL PLANS OF THE AUTHORITY, AND EACH OF ITS AGENCIES.
   4. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY OF NEW YORK.
   5. "EQUIPMENT" SHALL MEAN ROLLING  STOCK,  OMNIBUSES,  VEHICLES,  AIR,
 MARINE OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, WIRES, WAYS, CONDUITS
 AND  MECHANISMS,  MACHINERY,  TOOLS,  IMPLEMENTS,  MATERIALS,  SUPPLIES,
 INSTRUMENTS AND DEVICES OF EVERY NATURE WHATSOEVER USED  OR  USEFUL  FOR
 TRANSPORTATION  PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE
 POWER INCLUDING BUT NOT LIMITED TO ALL POWER HOUSES, AND  ALL  APPARATUS
 AND  ALL DEVICES FOR SIGNALING, COMMUNICATIONS AND VENTILATION AS MAY BE
 NECESSARY, CONVENIENT OR DESIRABLE FOR THE OPERATION OF A TRANSPORTATION
 FACILITY.
   6. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES  GOVERNMENT,  AND
 ANY  OFFICER,  DEPARTMENT,  BOARD,  COMMISSION, BUREAU, DIVISION, CORPO-
 RATION, AGENCY OR INSTRUMENTALITY THEREOF.
   7. "GAP" SHALL MEAN THE  DIFFERENCE  BETWEEN  PROJECTED  REVENUES  AND
 EXPENSES FOR ANY GIVEN FISCAL YEAR BASED ON THE EXISTING FARE STRUCTURE.
   8. "GAP-CLOSING INITIATIVE" SHALL MEAN ANY ACTION TO REDUCE A PROJECT-
 ED GAP.
   9. "GOVERNOR" SHALL MEAN THE GOVERNOR OF THE STATE OF NEW YORK.
   10.  "JOINT  SERVICE  ARRANGEMENTS"  SHALL  MEAN AGREEMENTS BETWEEN OR
 AMONG THE AUTHORITY AND ANY COMMON CARRIER  OR  FREIGHT  FORWARDER,  THE
 STATE,  ANY  STATE  AGENCY,  THE  FEDERAL GOVERNMENT, ANY OTHER STATE OR
 AGENCY OR INSTRUMENTALITY THEREOF, ANY PUBLIC AUTHORITY OF THIS  OR  ANY
 OTHER  STATE, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE,
 RELATING  TO  PROPERTY,  BUILDINGS,  STRUCTURES,  FACILITIES,  SERVICES,
 RATES, FARES, CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES (INCLUD-
 ING  CHARGES BETWEEN OPERATORS OF RAILROAD, OMNIBUS, MARINE AND AVIATION
 FACILITIES), OR RULES OR  REGULATIONS  PERTAINING  THERETO,  FOR  OR  IN
 CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
 S. 2830                            64
 
 ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
 AND  IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION FACILITIES
 LOCATED OUTSIDE THE DISTRICT.
   11.  "MARINE  AND  AVIATION FACILITIES" SHALL MEAN EQUIPMENT AND CRAFT
 FOR THE TRANSPORTATION OF PASSENGERS,  MAIL  AND  CARGO  BETWEEN  POINTS
 WITHIN THE DISTRICT OR PURSUANT TO JOINT SERVICE ARRANGEMENTS, BY MARINE
 CRAFT AND AIRCRAFT OF ALL TYPES INCLUDING BUT NOT LIMITED TO HYDROFOILS,
 FERRIES,  LIGHTERS,  TUGS, BARGES, HELICOPTERS, AMPHIBIANS, SEAPLANES OR
 OTHER CONTRIVANCES NOW OR HEREAFTER USED IN NAVIGATION  OR  MOVEMENT  ON
 WATERWAYS  OR  IN THE NAVIGATION OF OR FLIGHT IN AIRSPACE. IT SHALL ALSO
 MEAN ANY MARINE PORT OR AIRPORT FACILITY WITHIN THE CITY BUT OUTSIDE THE
 PORT OF NEW YORK DISTRICT AS DEFINED IN CHAPTER ONE  HUNDRED  FIFTY-FOUR
 OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, INCLUDING BUT NOT LIMITED TO
 TERMINALS,  DOCKS, PIERS, BULKHEADS, RAMPS OR ANY FACILITY OR REAL PROP-
 ERTY NECESSARY, CONVENIENT OR DESIRABLE FOR THE ACCOMMODATION OF PASSEN-
 GERS AND CARGO OR THE DOCKING, SAILING, LANDING,  TAKING  OFF,  ACCOMMO-
 DATION OR SERVICING OF SUCH MARINE CRAFT OR AIRCRAFT.
   12. "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
   13. "METROPOLITAN TRANSPORTATION AUTHORITY" SHALL MEAN THE CORPORATION
 CREATED PURSUANT TO TITLE ELEVEN OF THIS ARTICLE.
   14.  "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE OPER-
 ATED BY CARRIERS SUBJECT TO  THE  JURISDICTION  OF  THE  PUBLIC  SERVICE
 COMMISSION,  ENGAGED  IN  THE  TRANSPORTATION  OF  PASSENGERS  AND THEIR
 BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
 TO JOINT  SERVICE  ARRANGEMENTS,  AND  EQUIPMENT,  PROPERTY,  BUILDINGS,
 STRUCTURES,  IMPROVEMENTS,  LOADING OR UNLOADING AREAS, PARKING AREAS OR
 OTHER FACILITIES, NECESSARY, CONVENIENT OR DESIRABLE  FOR  THE  ACCOMMO-
 DATION  OF  SUCH  MOTOR  VEHICLES OR THEIR PASSENGERS, INCLUDING BUT NOT
 LIMITED TO BUILDINGS, STRUCTURES AND AREAS NOTWITHSTANDING THAT PORTIONS
 MAY NOT BE DEVOTED TO ANY OMNIBUS PURPOSE OTHER THAN THE  PRODUCTION  OF
 REVENUES  AVAILABLE  FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
 OF THE AUTHORITY.
   15. "RAILROAD FACILITIES" SHALL MEAN RIGHT OF WAY AND  RELATED  TRACK-
 AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
 COMMUNICATION  AND  VENTILATION  SYSTEMS, POWER PLANTS, STATIONS, TERMI-
 NALS, STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT  AND
 PARTS,  OFFICES  AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD FOR OR
 INCIDENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY  RAIL-
 ROAD  OPERATING  OR  TO  OPERATE  BETWEEN  POINTS WITHIN THE DISTRICT OR
 PURSUANT TO JOINT SERVICE ARRANGEMENTS, INCLUDING  BUT  NOT  LIMITED  TO
 BUILDINGS,  STRUCTURES,  AND AREAS NOTWITHSTANDING THAT PORTIONS THEREOF
 MAY NOT BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION  OF
 REVENUES  AVAILABLE  FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
 OF THE AUTHORITY.
   16. "REAL PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES,  FRANCHISES  AND
 INTERESTS  IN  LAND,  WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR
 RIGHTS AND ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID  TERM  AND
 INCLUDES  NOT  ONLY  FEES  SIMPLE  ABSOLUTE  BUT ALSO ANY AND ALL LESSER
 INTERESTS INCLUDING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF  WAY,  USES,
 LEASES,  LICENSES  AND  ALL  OTHER  INCORPOREAL  HEREDITAMENTS AND EVERY
 ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
 AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
   17. "STATE" SHALL MEAN THE STATE OF NEW YORK.
   18. "STATE AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD,  COMMIS-
 SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
 TALITY OF THE STATE.
 S. 2830                            65
 
   19.  "TRANSPORTATION FACILITY" SHALL MEAN ANY TRANSIT, RAILROAD, OMNI-
 BUS, MARINE OR AVIATION FACILITY  AND  ANY  PERSON,  FIRM,  PARTNERSHIP,
 ASSOCIATION  OR,  CORPORATION  WHICH  OWNS,  LEASES OR OPERATES ANY SUCH
 FACILITY OR ANY OTHER FACILITY USED FOR SERVICE IN THE TRANSPORTATION OF
 PASSENGERS,  UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER
 FOR HIRE AND ANY PORTION THEREOF AND THE  RIGHTS,  LEASEHOLDS  OR  OTHER
 INTEREST  THEREIN TOGETHER WITH ROUTES, TRACKS, EXTENSIONS, CONNECTIONS,
 PARKING LOTS, GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND
 REPAIR SHOPS, TERMINALS, STATIONS AND OTHER RELATED FACILITIES  THEREOF,
 THE  DEVICES,  APPURTENANCES, AND EQUIPMENT THEREOF AND POWER PLANTS AND
 OTHER INSTRUMENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION  THERE-
 WITH.
   20.  "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE METROPOL-
 ITAN COMMUTER TRANSPORTATION DISTRICT CREATED BY SECTION TWELVE  HUNDRED
 SIXTY-TWO OF THIS ARTICLE.
   21.  "TRANSPORTATION  PURPOSE"  SHALL  MEAN  A  PURPOSE  THAT DIRECTLY
 SUPPORTS THE MISSIONS OR PURPOSES OF THE AUTHORITY, ANY OF  ITS  SUBSID-
 IARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, INCLUDING THE
 REALIZATION  OF REVENUES DERIVED FROM PROPERTY THAT IS, OR IS TO BE USED
 AS, A TRANSPORTATION FACILITY.
   22. "NEW YORK CITY  TRANSIT  AUTHORITY"  SHALL  MEAN  THE  CORPORATION
 CREATED BY SECTION TWELVE HUNDRED ONE OF THIS ARTICLE.
   23.  "TRIBOROUGH  BRIDGE  AND  TUNNEL AUTHORITY" SHALL MEAN THE CORPO-
 RATION CREATED PURSUANT TO TITLE THREE OF ARTICLE THREE OF THIS CHAPTER.
   24. "INSPECTOR GENERAL" SHALL MEAN THE  BIG  APPLE  TRANSIT  AUTHORITY
 INSPECTOR GENERAL.
   25.  "REVENUES" SHALL MEAN ALL MONIES RECEIVED BY THE AUTHORITY OR ITS
 SUBSIDIARIES, OR NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES, OR
 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AS THE CASE MAY BE, FROM WHATEV-
 ER SOURCE, DERIVED DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THE
 OPERATIONS OF THE RESPECTIVE ENTITY EXCEPT FOR ANY MONIES TRANSFERRED TO
 THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO  SECTION  THIRTEEN
 HUNDRED FORTY-NINE-H OF THIS TITLE THAT IS NOT RETURNED TO THE AUTHORITY
 PURSUANT  TO  PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED
 SIXTY-SIX OF THIS ARTICLE.
   26. "TRANSIT FACILITY" SHALL HAVE  THE  SAME  MEANING  AS  DEFINED  IN
 SUBDIVISION FIFTEEN OF SECTION TWELVE HUNDRED OF THIS ARTICLE.
   27. "UTILIZATION" SHALL MEAN PUBLIC USAGE OF THE SUBWAY, BUS, RAILROAD
 AND  PARATRANSIT  SERVICES,  AND  BRIDGE  AND  TUNNEL  CROSSINGS, OF THE
 AUTHORITY AND ITS AFFILIATES AND SUBSIDIARIES AS REFLECTED IN  EMPIRICAL
 DATA.
   28.  "BIG  APPLE  TRANSIT AUTHORITY AND ITS AFFILIATES" SHALL MEAN THE
 BIG APPLE TRANSIT AUTHORITY, THE NEW YORK CITY  TRANSIT  AUTHORITY,  AND
 THE  TRIBOROUGH  BRIDGE  AND  TUNNEL AUTHORITY, AND ALL THEIR RESPECTIVE
 SUBSIDIARIES.
   § 1349-C. BIG APPLE TRANSIT AUTHORITY. 1. (A) THERE IS HEREBY  CREATED
 THE  "BIG APPLE TRANSIT AUTHORITY". THE AUTHORITY SHALL BE A BODY CORPO-
 RATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION. THE AUTHORI-
 TY SHALL CONSIST OF SEVEN VOTING MEMBERS, INCLUDING A  CHAIRPERSON,  AND
 TWO NON-VOTING MEMBERS.  MEMBERS SHALL HAVE EXPERIENCE IN ONE OR MORE OF
 THE  FOLLOWING  AREAS  OF EXPERTISE: TRANSPORTATION OR TRANSIT PLANNING;
 URBAN PLANNING, INCLUDING SUSTAINABILITY AND  RESILIENCY;  ADVOCACY  FOR
 INDIVIDUALS  WITH DISABILITIES; DEMOGRAPHICS, SOCIAL TRENDS OR THE NEEDS
 OF LOW-INCOME  NEW  YORKERS;  CAPITAL  PLANNING  OR  CIVIL  ENGINEERING;
 FINANCE;  OR  ANOTHER  AREA  OF  EXPERTISE CENTRAL TO THE PURPOSE OF THE
 AUTHORITY. THE MAYOR SHALL APPOINT FOUR VOTING  MEMBERS,  INCLUDING  THE
 S. 2830                            66
 
 CHAIRPERSON,  AND  EACH  MEMBER SHALL BE ENTITLED TO CAST ONE VOTE. EACH
 BOROUGH PRESIDENT OF THE CITY OF  NEW  YORK  SHALL  APPOINT  ONE  VOTING
 MEMBER WHO SHALL BE ENTITLED TO CAST A HALF VOTE. THE PUBLIC ADVOCATE OF
 THE  CITY OF NEW YORK SHALL APPOINT ONE VOTING MEMBER WHO SHALL BE ENTI-
 TLED TO CAST A HALF VOTE. THE TWO NON-VOTING MEMBERS SHALL BE  APPOINTED
 BY THE MAYOR. THE FIRST NON-VOTING MEMBER SHALL BE A REGULAR MASS TRANS-
 IT  USER  OF  THE  FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE
 MAYOR OF THE CITY OF NEW YORK BY THE PERMANENT CITIZENS ADVISORY COMMIT-
 TEE ESTABLISHED PURSUANT TO SECTION  THIRTEEN  HUNDRED  FORTY-NINE-M  OF
 THIS  TITLE.  THE  SECOND  NON-VOTING MEMBER SHALL BE RECOMMENDED TO THE
 MAYOR BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY  OF  EMPLOYEES
 OF  THE AUTHORITY. THE CHAIRPERSON, AT SUCH CHAIRPERSON'S DIRECTION, MAY
 EXCLUDE SUCH NON-VOTING MEMBER FROM ATTENDING ANY PORTION OF  A  MEETING
 OF  THE  AUTHORITY OR OF ANY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION THREE  OF  THIS  SECTION  HELD  FOR  THE  PURPOSE  OF
 DISCUSSING  NEGOTIATIONS  WITH  LABOR ORGANIZATIONS. THE CHAIRPERSON AND
 EACH OF THE MEMBERS SHALL BE APPOINTED FOR A TERM OF THREE YEARS.
   (B) EACH MEMBER SHALL BE SUBJECT TO THE  CONFLICT  OF  INTEREST  BOARD
 ESTABLISHED BY SECTION TWENTY-SIX HUNDRED TWO OF THE NEW YORK CITY CHAR-
 TER AS PUBLIC SERVANTS CHARGED WITH SUBSTANTIAL POLICY DISCRETION.
   (C)  VACANCIES OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE
 FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS FOR  THE  BALANCE  OF
 THE UNEXPIRED TERM.
   2.  THE CHAIRPERSON SHALL BE PAID A SALARY IN THE AMOUNT DETERMINED BY
 THE AUTHORITY; THE OTHER MEMBERS SHALL NOT RECEIVE  A  SALARY  OR  OTHER
 COMPENSATION.  EACH MEMBER, INCLUDING THE CHAIRPERSON, SHALL BE ENTITLED
 TO REIMBURSEMENT FOR ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
 PERFORMANCE OF SUCH MEMBER'S OFFICIAL DUTIES.
   3.  (A)  NOTWITHSTANDING  ANY  PROVISION  OF  LAW TO THE CONTRARY, THE
 CHAIRPERSON SHALL BE THE CHIEF EXECUTIVE OFFICER OF  THE  AUTHORITY  AND
 SHALL  BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRA-
 TIVE FUNCTIONS AND POWERS OF THE AUTHORITY. THE CHAIRPERSON MAY  APPOINT
 AN EXECUTIVE DIRECTOR AND SUCH OTHER OFFICIALS AND EMPLOYEES AS SHALL IN
 SUCH  CHAIRPERSON'S  JUDGMENT  BE  NEEDED TO DISCHARGE THE EXECUTIVE AND
 ADMINISTRATIVE FUNCTIONS AND POWERS OF THE AUTHORITY.
   (B) THE CHAIRPERSON SHALL ESTABLISH COMMITTEES TO ASSIST  SUCH  CHAIR-
 PERSON IN THE PERFORMANCE OF SUCH CHAIRPERSON'S 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 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY; A COMMITTEE ON
 FINANCE;  A  COMMITTEE  ON CAPITAL PROGRAM OVERSIGHT; AND A COMMITTEE ON
 SAFETY. IN ADDITION TO SUCH APPOINTED MEMBERS, EACH  OF  THE  NON-VOTING
 MEMBERS  SHALL  SERVE ON THE COMMITTEE ON CAPITAL PROGRAM OVERSIGHT, THE
 COMMITTEE ON FINANCE, THE COMMITTEE ON  SAFETY,  AND  THE  COMMITTEE  ON
 OPERATIONS  OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. THE COMMITTEE
 ON CAPITAL PROGRAM OVERSIGHT SHALL INCLUDE NOT LESS THAN  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, AND THE COMMITTEE ON SAFETY. 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 CUSTOMERS, EMPLOYEES, AND THE PUBLIC AT LARGE,
 S. 2830                            67
 
 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
 MAYOR  AS  PROVIDED  IN  SECTION  THIRTEEN  HUNDRED FORTY-NINE-V OF THIS
 TITLE;
   (II) MONITOR THE CONTRACT AWARDS OF THE BIG  APPLE  TRANSIT  AUTHORITY
 AND  THE  NEW YORK CITY TRANSIT AUTHORITY TO ENSURE 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 MINORITY 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 THIRTEEN HUNDRED FORTY-
 NINE-V 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 APPRO-
 PRIATE TO ACCELERATE THEIR IMPLEMENTATION.
   (C) THE CAPITAL PROGRAM COMMITTEE SHALL ISSUE A  QUARTERLY  REPORT  ON
 ITS  ACTIVITIES  AND FINDINGS, AND SHALL IN CONNECTION WITH THE PREPARA-
 TION OF SUCH QUARTERLY REPORT,  CONSULT  WITH  THE  CITY  DEPARTMENT  OF
 TRANSPORTATION, THE MAYOR, AND ANY OTHER GROUP THE COMMITTEE DEEMS RELE-
 VANT,  INCLUDING  PUBLIC EMPLOYEE ORGANIZATIONS, 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
 MAYOR, AND THE DIRECTORS OF THE MUNICIPAL ASSISTANCE CORPORATION FOR THE
 CITY OF NEW YORK.
   (D) THE CHAIRPERSON SHALL ENSURE THAT AT EVERY MEETING  OF  THE  BOARD
 AND  AT  EVERY  MEETING OF EACH COMMITTEE THE PUBLIC SHALL BE ALLOTTED A
 PERIOD OF TIME, NOT LESS THAN THIRTY MINUTES, TO SPEAK ON ANY  TOPIC  ON
 THE AGENDA.
   (E)  NOTWITHSTANDING PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWEN-
 TY-EIGHT HUNDRED TWENTY-FOUR OF THIS CHAPTER OR ANY OTHER  PROVISION  OF
 LAW TO THE CONTRARY, THE CHAIRPERSON SHALL NOT PARTICIPATE IN ESTABLISH-
 ING AUTHORITY POLICIES REGARDING THE PAYMENT OF SALARY, COMPENSATION AND
 REIMBURSEMENT  TO,  NOR  ESTABLISH RULES FOR THE TIME AND ATTENDANCE OF,
 THE CHIEF EXECUTIVE OFFICER. THE SALARY OF THE  CHAIRPERSON,  AS  DETER-
 MINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SHALL ALSO BE COMPEN-
 SATION FOR ALL SERVICES PERFORMED AS CHIEF EXECUTIVE OFFICER.
 S. 2830                            68
 
   4.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISIONS OF THIS OR ANY OTHER
 LAW, GENERAL, SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE,  OR
 OF  ANY  PUBLIC  CORPORATION  AS DEFINED IN THE GENERAL CORPORATION LAW,
 SHALL BE DEEMED TO HAVE FORFEITED  OR  SHALL  FORFEIT  SUCH  OFFICER  OR
 EMPLOYEE'S  OFFICE  OR  EMPLOYMENT  OR  ANY  BENEFITS PROVIDED UNDER THE
 RETIREMENT AND SOCIAL SECURITY LAW OR UNDER ANY PUBLIC RETIREMENT SYSTEM
 MAINTAINED BY THE STATE OR ANY OF ITS SUBDIVISIONS  BY  REASON  OF  SUCH
 OFFICER  OR EMPLOYEE'S ACCEPTANCE OF A POSITION OF MEMBER OR CHAIRPERSON
 OF THE AUTHORITY; PROVIDED, HOWEVER, A MEMBER OR CHAIRPERSON  WHO  HOLDS
 SUCH  OTHER  PUBLIC  OFFICE  OR  EMPLOYMENT  SHALL RECEIVE NO ADDITIONAL
 COMPENSATION FOR SERVICES RENDERED PURSUANT TO THIS TITLE, BUT SHALL  BE
 ENTITLED  TO  REIMBURSEMENT  FOR SUCH MEMBER OR CHAIRPERSON'S ACTUAL AND
 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF SUCH SERVICES.
   5. THE MAYOR MAY REMOVE ANY MEMBER FOR INEFFICIENCY, NEGLECT OF  DUTY,
 BREACH OF FIDUCIARY DUTY OR MISCONDUCT IN OFFICE AFTER GIVING THE MEMBER
 A COPY OF THE CHARGES AGAINST THE MEMBER AND AN OPPORTUNITY TO BE HEARD,
 IN  PERSON OR BY COUNSEL IN THE MEMBER'S DEFENSE, UPON NOT LESS THAN TEN
 DAYS' NOTICE. IF ANY MEMBER SHALL BE SO REMOVED, THE MAYOR SHALL FILE  A
 COMPLETE  STATEMENT  OF CHARGES MADE AGAINST SUCH MEMBER, AND HIS OR HER
 FINDINGS THEREON, TOGETHER WITH A COMPLETE RECORD OF THE PROCEEDINGS.
   6. THE AUTHORITY SHALL CONTINUE SO LONG AS  IT  SHALL  HAVE  BONDS  OR
 OTHER  OBLIGATIONS  OUTSTANDING  AND UNTIL ITS EXISTENCE SHALL BE TERMI-
 NATED BY LAW. UPON THE TERMINATION OF THE EXISTENCE  OF  THE  AUTHORITY,
 ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE CITY.
   7.  WHENEVER  THE  AUTHORITY  CAUSES  NOTICES  OF HEARINGS ON PROPOSED
 CHANGES IN SERVICES OR FARES TO BE POSTED PURSUANT TO  THIS  SECTION  OR
 ANY  STATUTE,  REGULATION,  OR AUTHORITY POLICY, OR WHERE IT VOLUNTARILY
 POSTS SUCH NOTICES, SUCH NOTICES SHALL:
   (A) BE WRITTEN IN A CLEAR AND COHERENT MANNER USING WORDS WITH  COMMON
 AND EVERY DAY MEANING;
   (B)  BE CAPTIONED IN LARGE POINT TYPE BOLD LETTERING WITH A TITLE THAT
 FAIRLY AND ACCURATELY CONVEYS THE BASIC NATURE OF SUCH CHANGE OR  CHANG-
 ES;
   (C)  WHERE  SUCH  CHANGE INVOLVES A PROPOSED CHANGE IN LEVELS OF FARE,
 INCLUDE IN ITS TITLE THE RANGE OF AMOUNTS OF FARE CHANGES UNDER  CONSID-
 ERATION;
   (D)  CONTAIN,  TO THE EXTENT PRACTICABLE, A CONCISE DESCRIPTION OF THE
 SPECIFIC NATURE OF THE CHANGE OR CHANGES, INCLUDING BUT NOT LIMITED TO A
 CONCISE DESCRIPTION OF THOSE CHANGES THAT AFFECT THE LARGEST  NUMBER  OF
 PASSENGERS;
   (E)  WHERE  SUCH  CHANGE  INVOLVES  A CHANGE IN THE NATURE OF A ROUTE,
 CONTAIN, TO THE EXTENT PRACTICABLE, A CLEAR GRAPHIC ILLUSTRATION OF SUCH
 CHANGE OR CHANGES; AND
   (F) WHERE SUCH CHANGE INVOLVES A PARTIAL OR COMPLETE STATION  CLOSING,
 SUCH NOTICE SHALL BE POSTED AT THE AFFECTED STATION WITH A CLEAR GRAPHIC
 ILLUSTRATION DEPICTING THE NATURE OF ANY CLOSING FOR SUCH STATION.
   §  1349-D. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
 SHALL BE THE CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF  COMMU-
 TER TRANSPORTATION AND OTHER SERVICES RELATED THERETO WITHIN THE CITY OF
 NEW  YORK, INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAILROAD,
 OMNIBUS, MARINE AND AIR, IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 TITLE. IT SHALL BE THE FURTHER PURPOSE OF THE AUTHORITY, CONSISTENT WITH
 ITS  STATUS  AS  THE  EX OFFICIO BOARD OF BOTH THE NEW YORK CITY TRANSIT
 AUTHORITY AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, TO DEVELOP AND
 IMPLEMENT A UNIFIED MASS TRANSPORTATION POLICY FOR THE CITY IN AN  EFFI-
 S. 2830                            69
 
 CIENT  AND  COST-EFFECTIVE  MANNER THAT INCLUDES THE USE OF DESIGN-BUILD
 CONTRACTING ON ALL APPROPRIATE PROJECTS.
   2.  IT  IS  HEREBY  FOUND  AND  DECLARED THAT SUCH PURPOSES ARE IN ALL
 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE CITY OF NEW YORK  AND  THE
 AUTHORITY  SHALL  BE  REGARDED  AS  PERFORMING AN ESSENTIAL GOVERNMENTAL
 FUNCTION IN CARRYING OUT ITS  PURPOSES  AND  IN  EXERCISING  THE  POWERS
 GRANTED BY THIS TITLE.
   § 1349-E. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
 BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
   1. TO SUE AND BE SUED;
   2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   3.  TO  BORROW  MONEY, TO ISSUE NEGOTIABLE NOTES, BONDS OR OTHER OBLI-
 GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE  HOLDERS  THEREOF,  AND  TO
 FINANCE OR REFINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO
 ANY  OTHER PERSON OR ENTITY, PUBLIC OR PRIVATE, OF THE PLANNING, DESIGN,
 ACQUISITION, CONSTRUCTION, IMPROVEMENT, RECONSTRUCTION OR REHABILITATION
 OF ANY TRANSPORTATION FACILITY;
   4. TO INVEST ANY FUNDS, ACCOUNTS OR  OTHER  MONIES  NOT  REQUIRED  FOR
 IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE AUTHORITY IN:
   (A) OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT;
   (B)  OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY
 THE STATE OR THE UNITED STATES GOVERNMENT;
   (C) CERTIFICATES OF DEPOSIT OF BANKS OR TRUST COMPANIES IN THIS STATE,
 SECURED, IF THE AUTHORITY SHALL SO REQUIRE, BY OBLIGATIONS OF THE UNITED
 STATES OR OF THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL  TIMES
 TO THE AMOUNT OF THE DEPOSIT;
   (D)  BANKER'S ACCEPTANCES WITH A MATURITY OF NINETY DAYS OR LESS WHICH
 ARE ELIGIBLE FOR PURCHASE BY THE FEDERAL RESERVE BANKS AND WHOSE  RATING
 AT  THE  TIME  OF  PURCHASE  IS  IN  THE  HIGHEST RATING CATEGORY OF TWO
 NATIONALLY RECOGNIZED INDEPENDENT RATING  AGENCIES,  PROVIDED,  HOWEVER,
 THAT THE AMOUNT OF BANKER'S ACCEPTANCES OF ANY ONE BANK SHALL NOT EXCEED
 TWO HUNDRED FIFTY MILLION DOLLARS;
   (E)  OBLIGATIONS  OF ANY BANK OR CORPORATION CREATED UNDER THE LAWS OF
 EITHER THE UNITED STATES OR ANY STATE  OF  THE  UNITED  STATES  MATURING
 WITHIN  TWO HUNDRED SEVENTY DAYS, PROVIDED THAT SUCH OBLIGATIONS RECEIVE
 THE HIGHEST RATING OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGEN-
 CIES AND, PROVIDED FURTHER, THAT NO MORE THAN TWO HUNDRED FIFTY  MILLION
 DOLLARS  MAY  BE  INVESTED IN SUCH OBLIGATIONS OF ANY ONE BANK OR CORPO-
 RATION;
   (F) AS TO ANY SUCH MONEYS HELD IN RESERVE  AND  SINKING  FUNDS,  OTHER
 SECURITIES  IN  WHICH  THE  TRUSTEE OR TRUSTEES OF ANY PUBLIC RETIREMENT
 SYSTEM OR PENSION FUND HAS THE POWER TO INVEST THE MONIES THEREOF PURSU-
 ANT TO ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL  SECURITY  LAW,  EACH
 SUCH  RESERVE  AND SINKING FUND BEING TREATED AS A SEPARATE FUND FOR THE
 PURPOSES OF ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY LAW;
   (G) NOTES, BONDS, DEBENTURES, MORTGAGES AND OTHER EVIDENCES OF INDEBT-
 EDNESS, ISSUED OR GUARANTEED AT THE TIME OF THE INVESTMENT BY THE UNITED
 STATES POSTAL SERVICE, THE FEDERAL NATIONAL  MORTGAGE  ASSOCIATION,  THE
 FEDERAL HOME LOAN MORTGAGE CORPORATION, THE STUDENT LOAN MARKETING ASSO-
 CIATION,  THE  FEDERAL  FARM  CREDIT  SYSTEM, OR ANY OTHER UNITED STATES
 GOVERNMENT SPONSORED AGENCY, PROVIDED THAT AT THE TIME OF THE INVESTMENT
 SUCH AGENCY OR ITS OBLIGATIONS ARE RATED AND THE AGENCY RECEIVES, OR ITS
 OBLIGATIONS RECEIVE, THE HIGHEST RATING OF ALL INDEPENDENT RATING  AGEN-
 CIES  THAT  RATE SUCH AGENCY OR ITS OBLIGATIONS, PROVIDED, HOWEVER, THAT
 NO MORE THAN TWO HUNDRED FIFTY MILLION DOLLARS OR SUCH GREATER AMOUNT AS
 MAY BE AUTHORIZED FOR INVESTMENT BY THE STATE  COMPTROLLER  PURSUANT  TO
 S. 2830                            70
 
 SECTION  NINETY-THREE  OF  THE  STATE FINANCE LAW MAY BE INVESTED IN THE
 OBLIGATIONS OF ANY ONE AGENCY;
   (H)  GENERAL  OBLIGATION  BONDS  AND NOTES OF ANY STATE OTHER THAN THE
 STATE, PROVIDED THAT SUCH BONDS AND NOTES RECEIVE THE HIGHEST RATING  OF
 AT LEAST ONE INDEPENDENT RATING AGENCY, AND BONDS AND NOTES OF ANY COUN-
 TY,  TOWN, CITY, VILLAGE, FIRE DISTRICT OR SCHOOL DISTRICT OF THE STATE,
 PROVIDED THAT SUCH BONDS AND NOTES RECEIVE EITHER  OF  THE  TWO  HIGHEST
 RATINGS OF AT LEAST TWO INDEPENDENT RATING AGENCIES;
   (I)  MUTUAL  FUNDS  REGISTERED  WITH  THE UNITED STATES SECURITIES AND
 EXCHANGE COMMISSION WHOSE INVESTMENTS ARE LIMITED TO OBLIGATIONS OF  THE
 STATE  DESCRIBED  IN  PARAGRAPH (A) OF THIS SUBDIVISION, OBLIGATIONS THE
 PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE DESCRIBED IN
 PARAGRAPH (B) OF THIS SUBDIVISION, AND  THOSE  SECURITIES  DESCRIBED  IN
 THIS PARAGRAPH AND THAT HAVE RECEIVED THE HIGHEST RATING OF AT LEAST ONE
 INDEPENDENT  RATING  AGENCY, PROVIDED THAT THE AGGREGATE AMOUNT INVESTED
 AT ANY ONE TIME IN ALL SUCH MUTUAL FUNDS SHALL NOT  EXCEED  TEN  MILLION
 DOLLARS, AND, PROVIDED FURTHER, THAT THE AUTHORITY SHALL NOT INVEST SUCH
 FUNDS, ACCOUNTS OR OTHER MONIES IN ANY MUTUAL FUND FOR LONGER THAN THIR-
 TY DAYS; AND
   (J)  FINANCIAL  CONTRACTS  IN  A FOREIGN CURRENCY ENTERED INTO FOR THE
 PURPOSE OF MINIMIZING THE FOREIGN CURRENCY EXCHANGE RISK OF THE PURCHASE
 PRICE OF A CONTRACT WITH A VENDOR CHOSEN THROUGH COMPETITIVE PROCESS FOR
 THE ACQUISITION OF CAPITAL ASSETS FOR THE BENEFIT OF THE CAPITAL PROGRAM
 OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY  OR  THE  TRANSIT  CAPITAL
 PROGRAM;
   5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
 MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
 THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
   6.  TO  ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
 NECESSARY OR CONVENIENT;
   (A) WITH RESPECT TO ANY LEASE TRANSACTION  ENTERED  INTO  PURSUANT  TO
 SECTION  168(F)(8)  OF  THE  UNITED  STATES INTERNAL REVENUE CODE OR ANY
 SUCCESSOR PROVISIONS, THE AUTHORITY SHALL MEET THE  FOLLOWING  STANDARDS
 AND PROCEDURES:
   (I)  NOTICE  OF  INTENTION TO NEGOTIATE SHALL BE PUBLISHED IN AT LEAST
 ONE NEWSPAPER OF GENERAL CIRCULATION, AND A COPY THEREOF SHALL BE MAILED
 TO ALL PARTIES WHO HAVE REQUESTED NOTIFICATION  FROM  THE  AUTHORITY  TO
 ENGAGE  IN TRANSACTIONS OF THIS TYPE, AND SUCH NOTICE SHALL DESCRIBE THE
 NATURE OF THE PROPOSED TRANSACTION AND THE FACTORS  SUBJECT  TO  NEGOTI-
 ATION,  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PRICE TO BE PAID
 TO THE AUTHORITY;
   (II) THE  AUTHORITY  SHALL  NEGOTIATE  WITH  THOSE  RESPONDENTS  WHOSE
 RESPONSE COMPLIES WITH THE REQUIREMENTS SET FORTH IN THE NOTICE;
   (III)  THE BOARD OF THE AUTHORITY SHALL RESOLVE ON THE BASIS OF PARTI-
 CULARIZED FINDINGS RELEVANT TO THE FACTORS NEGOTIATED THAT  SUCH  TRANS-
 ACTION  WILL  PROVIDE  MAXIMUM  AVAILABLE FINANCIAL BENEFITS, CONSISTENT
 WITH OTHER DEFINED OBJECTIVES AND REQUIREMENTS;
   (B) THE AUTHORITY SHALL PROVIDE TO THE MAYOR, CITY  COUNCIL,  AND  ALL
 BOROUGH PRESIDENTS OF THE BOROUGHS IN WHICH THE LEASED PROPERTY IS SITU-
 ATED,  NOTICE  OF  EACH  LEASE ENTERED INTO PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION AND  SUPPORTING  DOCUMENTATION  OF  COMPLIANCE  BY  THE
 AUTHORITY  WITH  SUBPARAGRAPHS  (I),  (II) AND (III) OF PARAGRAPH (A) OF
 THIS SUBDIVISION;
   (C) PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL BE  OF  NO  FORCE
 AND  EFFECT  WITH RESPECT TO ANY LEASE TRANSACTION ENTERED INTO PURSUANT
 S. 2830                            71
 
 TO A COMMITMENT APPROVED PRIOR THE EFFECTIVE DATE OF THIS SECTION BY THE
 BOARD OF THE METROPOLITAN TRANSPORTATION AUTHORITY;
   7.  TO  ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
 EXERCISE OF ITS POWERS;
   8. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY  REQUIRE  FOR  THE
 PERFORMANCE  OF  ITS  DUTIES,  AND TO FIX AND DETERMINE THEIR QUALIFICA-
 TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY  COUNSEL,  AUDI-
 TORS,  ENGINEERS,  AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHER-
 WISE FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
   9. (A) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE  RETIREMENT
 AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
 ITY  AND  ANY  OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE OR PROVIDE TO
 ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
 OTHER BENEFITS PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL  PURSUANT  TO
 FEDERAL OR STATE LAW;
   (B)  THE  AUTHORITY  AND  ANY  OF ITS PUBLIC BENEFIT SUBSIDIARY CORPO-
 RATIONS MAY BE A "PARTICIPATING EMPLOYER" IN THE NEW YORK  CITY  EMPLOY-
 EES'  RETIREMENT  SYSTEM WITH RESPECT TO ONE OR MORE CLASSES OF OFFICERS
 AND EMPLOYEES OF SUCH AUTHORITY OR ANY SUCH  PUBLIC  BENEFIT  SUBSIDIARY
 CORPORATION,  AS  MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY OR ANY
 SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE,  OR  ANY
 SUBSEQUENT AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY
 SUCH  COMPTROLLER  PURSUANT  TO SECTION THIRTY-ONE OF THE RETIREMENT AND
 SOCIAL SECURITY LAW. IN TAKING ANY ACTION PURSUANT  TO  THIS  PARAGRAPH,
 THE  AUTHORITY  AND  ANY  OF  ITS PUBLIC BENEFIT SUBSIDIARY CORPORATIONS
 SHALL CONSIDER THE COVERAGES AND BENEFITS CONTINUED OR PROVIDED PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION;
   10. TO MAKE PLANS,  SURVEYS,  AND  STUDIES  NECESSARY,  CONVENIENT  OR
 DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
 TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
   11. TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
 THE  AUTHORITY  AS  MAY  BE  NECESSARY,  CONVENIENT OR DESIRABLE FOR THE
 PURPOSE OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOM-
 PLISH ANY PURPOSE AUTHORIZED BY THIS TITLE, THE AUTHORITY  BEING  LIABLE
 FOR ACTUAL DAMAGE DONE;
   12.  TO  CONDUCT INVESTIGATIONS AND HEARINGS IN THE FURTHERANCE OF ITS
 GENERAL PURPOSES, AND IN AID THEREOF HAVE ACCESS TO ANY  BOOKS,  RECORDS
 OR  PAPERS  RELEVANT THERETO; AND IF ANY PERSON WHOSE TESTIMONY SHALL BE
 REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF THE AUTHORITY SHALL
 FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY  IN  THE  CONDUCT  OF  ANY
 INVESTIGATION  OR  HEARING, OR TO PRODUCE ANY RELEVANT BOOKS, RECORDS OR
 OTHER PAPERS, THE AUTHORITY  IS  AUTHORIZED  TO  APPLY  FOR  PROCESS  OF
 SUBPOENA,  TO  ISSUE  OUT  OF ANY COURT OF GENERAL ORIGINAL JURISDICTION
 WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
   13. A COPY OF ANY  REPORT  SUBMITTED  BY  THE  AUTHORITY  PURSUANT  TO
 SECTIONS TWENTY-EIGHT HUNDRED, TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT
 HUNDRED  TWO  OF THIS CHAPTER SHALL BE FORWARDED TO THE MAYOR AND TO THE
 SPEAKER OF THE CITY COUNCIL; AND
   14. TO DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO  CARRY  OUT
 ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE.
   §  1349-F.  CONTRACTS.  1.  (A)  EXCEPT  AS OTHERWISE PROVIDED IN THIS
 SECTION, ALL PURCHASE CONTRACTS FOR  SUPPLIES,  MATERIALS  OR  EQUIPMENT
 INVOLVING  AN ESTIMATED EXPENDITURE IN EXCESS OF ONE MILLION DOLLARS AND
 ALL CONTRACTS FOR PUBLIC WORK  INVOLVING  AN  ESTIMATED  EXPENDITURE  IN
 EXCESS  OF  ONE MILLION DOLLARS SHALL BE AWARDED BY THE AUTHORITY TO THE
 LOWEST RESPONSIBLE BIDDER AFTER OBTAINING  SEALED  BIDS  IN  THE  MANNER
 S. 2830                            72
 
 HEREINAFTER  SET  FORTH.  FOR PURPOSES HEREOF, CONTRACTS FOR PUBLIC WORK
 SHALL EXCLUDE CONTRACTS FOR PERSONAL, ENGINEERING AND ARCHITECTURAL,  OR
 PROFESSIONAL  SERVICES. THE AUTHORITY MAY REJECT ALL BIDS AND OBTAIN NEW
 BIDS  IN  THE  MANNER  PROVIDED BY THIS SECTION WHEN IT IS DEEMED IN THE
 PUBLIC INTEREST TO DO SO OR, IN CASES  WHERE  TWO  OR  MORE  RESPONSIBLE
 BIDDERS  SUBMIT  IDENTICAL  BIDS  WHICH  ARE  THE LOWEST BIDS, AWARD THE
 CONTRACT TO ANY OF SUCH BIDDERS OR OBTAIN NEW BIDS  FROM  SUCH  BIDDERS.
 NOTHING  IN THIS PARAGRAPH SHALL OBLIGATE THE AUTHORITY TO SEEK NEW BIDS
 AFTER THE REJECTION OF BIDS OR AFTER CANCELLATION OF  AN  INVITATION  TO
 BID.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE EVALUATION OF BIDS ON
 THE BASIS OF COSTS OR SAVINGS INCLUDING LIFE CYCLE COSTS OF THE ITEM  TO
 BE  PURCHASED, DISCOUNTS, AND INSPECTION SERVICES SO LONG AS THE INVITA-
 TION TO BID REASONABLY SETS FORTH THE CRITERIA TO BE USED IN  EVALUATING
 SUCH  COSTS  OR  SAVINGS.  LIFE CYCLE COSTS MAY INCLUDE BUT SHALL NOT BE
 LIMITED TO COSTS OR SAVINGS ASSOCIATED WITH  INSTALLATION,  ENERGY  USE,
 MAINTENANCE, OPERATION AND SALVAGE OR DISPOSAL.
   (B)  SECTION  TWENTY-EIGHT  HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL
 APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF  ANY  KIND,
 IN  THE  ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE,
 PROVIDED:
   (I) THAT A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT  OF
 ONE  MILLION  DOLLARS OR LESS SHALL NOT REQUIRE APPROVAL BY THE BOARD OF
 THE AUTHORITY REGARDLESS OF THE LENGTH OF  THE  PERIOD  OVER  WHICH  THE
 SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A CONTRACT FOR SERVICES
 IN  THE  ACTUAL OR ESTIMATED AMOUNT OF ONE MILLION DOLLARS OR MORE SHALL
 REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE  LENGTH
 OF  THE  PERIOD  OVER  WHICH  THE  SERVICES  ARE  RENDERED UNLESS SUCH A
 CONTRACT IS AWARDED TO THE LOWEST  RESPONSIBLE  BIDDER  AFTER  OBTAINING
 SEALED BIDS; AND
   (II)  THE  BOARD  OF  THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES
 THAT AUTHORIZE THE AWARD OF CONTRACTS TO  SMALL  BUSINESS  CONCERNS,  TO
 SERVICE  DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSUANT TO ARTICLE
 SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY  OR  WOMEN-OWNED  BUSINESS
 ENTERPRISES  CERTIFIED  PURSUANT  TO  ARTICLE FIFTEEN-A OF THE EXECUTIVE
 LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECYCLED OR REMANUFAC-
 TURED, IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS WITHOUT  A  FORMAL
 COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. THE BOARD OF THE
 AUTHORITY  SHALL ADOPT GUIDELINES WHICH SHALL BE MADE PUBLICLY AVAILABLE
 FOR THE AWARDING OF SUCH CONTRACT WITHOUT A FORMAL COMPETITIVE PROCESS.
   2. (A) ADVERTISEMENT FOR BIDS, WHEN REQUIRED BY THIS SECTION, SHALL BE
 PUBLISHED AT LEAST ONCE IN A NEWSPAPER OF  GENERAL  CIRCULATION  IN  THE
 AREA  SERVED BY THE AUTHORITY AND IN THE PROCUREMENT OPPORTUNITIES NEWS-
 LETTER PUBLISHED PURSUANT TO ARTICLE FOUR-C OF THE ECONOMIC  DEVELOPMENT
 LAW  PROVIDED  THAT,  NOTWITHSTANDING THE PROVISIONS OF SUCH ARTICLE, AN
 ADVERTISEMENT SHALL  ONLY  BE  REQUIRED  FOR  A  PURCHASE  CONTRACT  FOR
 SUPPLIES,  MATERIALS OR EQUIPMENT WHEN REQUIRED BY THIS SECTION.  PUBLI-
 CATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA  SERVED  OR  IN
 THE  PROCUREMENT  OPPORTUNITIES NEWSLETTER SHALL NOT BE REQUIRED IF BIDS
 FOR CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT ARE OF A  TYPE  REGU-
 LARLY  PURCHASED BY THE AUTHORITY AND ARE TO BE SOLICITED FROM A LIST OF
 POTENTIAL SUPPLIERS, IF SUCH LIST IS OR HAS  BEEN  DEVELOPED  CONSISTENT
 WITH  THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION. ANY SUCH ADVER-
 TISEMENT SHALL CONTAIN A STATEMENT OF:
   (I) THE TIME AND PLACE WHERE BIDS  RECEIVED  PURSUANT  TO  ANY  NOTICE
 REQUESTING SEALED BIDS WILL BE PUBLICLY OPENED AND READ;
   (II) THE NAME OF THE CONTRACTING AGENCY;
 S. 2830                            73
 
   (III) THE CONTRACT IDENTIFICATION NUMBER;
   (IV)  A  BRIEF DESCRIPTION OF THE PUBLIC WORK, SUPPLIES, MATERIALS, OR
 EQUIPMENT SOUGHT, THE LOCATION WHERE WORK IS TO BE PERFORMED, GOODS  ARE
 TO BE DELIVERED OR SERVICES PROVIDED AND THE CONTRACT TERM;
   (V) THE ADDRESS WHERE BIDS OR PROPOSALS ARE TO BE SUBMITTED;
   (VI) THE DATE WHEN BIDS OR PROPOSALS ARE DUE;
   (VII) A DESCRIPTION OF ANY ELIGIBILITY OR QUALIFICATION REQUIREMENT OR
 PREFERENCE;
   (VIII)  A  STATEMENT  AS  TO  WHETHER THE CONTRACT REQUIREMENTS MAY BE
 FULFILLED BY A SUBCONTRACTING, JOINT VENTURE, OR CO-PRODUCTION  ARRANGE-
 MENT;
   (IX) ANY OTHER INFORMATION DEEMED USEFUL TO POTENTIAL CONTRACTORS; AND
   (X)  THE  NAME,  ADDRESS,  AND  TELEPHONE  NUMBER  OF THE PERSON TO BE
 CONTACTED FOR ADDITIONAL INFORMATION. AT  LEAST  FIFTEEN  BUSINESS  DAYS
 SHALL  ELAPSE BETWEEN THE FIRST PUBLICATION OF SUCH ADVERTISEMENT OR THE
 SOLICITATION OF BIDS, AS THE CASE MAY BE, AND THE DATE  OF  OPENING  AND
 READING OF BIDS.
   (B)  THE  AUTHORITY  MAY DESIGNATE ANY OFFICER OR EMPLOYEE TO OPEN THE
 BIDS AT THE TIME AND PLACE BIDS ARE TO BE OPENED AND  MAY  DESIGNATE  AN
 OFFICER  TO  AWARD  THE  CONTRACT TO THE LOWEST RESPONSIBLE BIDDER. SUCH
 DESIGNEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS  THE
 AUTHORITY  SHALL PRESCRIBE.   ALL BIDS RECEIVED SHALL BE PUBLICLY OPENED
 AND READ AT THE TIME AND PLACE SPECIFIED IN THE ADVERTISEMENT OR AT  THE
 TIME  OF  SOLICITATION,  OR  TO  WHICH THE OPENING AND READING HAVE BEEN
 ADJOURNED BY THE AUTHORITY. ALL BIDDERS SHALL BE NOTIFIED  OF  THE  TIME
 AND PLACE OF ANY SUCH ADJOURNMENT.
   3.  NOTWITHSTANDING  THE  FOREGOING,  THE AUTHORITY MAY, BY RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE, OR BY A MAJORITY  VOTE  WITH  RESPECT  TO
 CONTRACTS  PROPOSED TO BE LET PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, DECLARE THAT COMPETITIVE BIDDING IS IMPRACTICAL  OR  INAPPROPRIATE
 BECAUSE  OF  THE  EXISTENCE  OF ANY OF THE CIRCUMSTANCES HEREINAFTER SET
 FORTH AND THEREAFTER THE AUTHORITY MAY PROCEED TO AWARD CONTRACTS  WITH-
 OUT  COMPLYING  WITH  THE REQUIREMENTS OF SUBDIVISION ONE OR TWO OF THIS
 SECTION.  IN EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE  BIDDING
 IMPRACTICAL  OR  INAPPROPRIATE,  IT  SHALL  STATE THE REASON THEREFOR IN
 WRITING AND SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED.  EXCEPT
 FOR  CONTRACTS  AWARDED  PURSUANT TO PARAGRAPHS (A), (B), (C) AND (E) OF
 THIS SUBDIVISION, THE AUTHORITY SHALL NOT AWARD ANY CONTRACT PURSUANT TO
 THIS SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE  DATE  ON  WHICH  THE
 AUTHORITY  DECLARES  THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
 PRIATE. COMPETITIVE BIDDING MAY ONLY BE DECLARED IMPRACTICAL OR INAPPRO-
 PRIATE WHERE:
   (A) THE EXISTENCE OF AN EMERGENCY INVOLVING DANGER TO LIFE, SAFETY  OR
 PROPERTY  REQUIRES IMMEDIATE ACTION AND CANNOT AWAIT COMPETITIVE BIDDING
 OR THE ITEM TO BE PURCHASED IS ESSENTIAL TO EFFICIENT OPERATION  OR  THE
 ADEQUATE  PROVISION  OF  SERVICE  AND  AS A CONSEQUENCE OF AN UNFORESEEN
 CIRCUMSTANCE SUCH PURCHASE CANNOT AWAIT COMPETITIVE BIDDING;
   (B) THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE RESPONSI-
 BLE SOURCE, PROVIDED THAT IF BIDS HAVE NOT BEEN SOLICITED FOR SUCH  ITEM
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION WITHIN THE PRECEDING TWELVE
 MONTHS PUBLIC NOTICE SHALL FIRST BE GIVEN PURSUANT TO  SUBDIVISION  FOUR
 OF THIS SECTION;
   (C) THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR ONLY A SINGLE RESPON-
 SIVE BID IN RESPONSE TO AN INVITATION FOR COMPETITIVE BIDS;
 S. 2830                            74
 
   (D) THE AUTHORITY WISHES TO EXPERIMENT WITH OR TEST A PRODUCT OR TECH-
 NOLOGY  OR  NEW  SOURCE  FOR  SUCH PRODUCT OR TECHNOLOGY OR EVALUATE THE
 SERVICE OR RELIABILITY OF SUCH PRODUCT OR TECHNOLOGY;
   (E)  THE  ITEM  IS  AVAILABLE  THROUGH  AN EXISTING CONTRACT BETWEEN A
 VENDOR AND: (I)  ANOTHER  PUBLIC  AUTHORITY  PROVIDED  THAT  SUCH  OTHER
 AUTHORITY  UTILIZED  A  PROCESS  OF  COMPETITIVE BIDDING OR A PROCESS OF
 COMPETITIVE REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS; (II)  NASSAU
 COUNTY;  (III)  THE  STATE  OF  NEW  YORK; OR (IV) THE CITY OF NEW YORK,
 PROVIDED THAT IN ANY CASE WHEN UNDER THIS PARAGRAPH THE AUTHORITY DETER-
 MINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE  PUBLIC  INTEREST
 AND  SETS  FORTH THE REASONS FOR SUCH DETERMINATION. THE AUTHORITY SHALL
 ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF
 THE AUTHORITY'S ORDER;
   (F) THE AUTHORITY DETERMINES THAT IT IS  IN  THE  PUBLIC  INTEREST  TO
 AWARD  CONTRACTS  PURSUANT  TO  A  PROCESS  FOR COMPETITIVE REQUESTS FOR
 PROPOSALS AS HEREINAFTER SET FORTH. FOR  PURPOSES  OF  THIS  SECTION,  A
 PROCESS  FOR  COMPETITIVE  REQUESTS FOR PROPOSALS SHALL MEAN A METHOD OF
 SOLICITING PROPOSALS AND AWARDING A CONTRACT ON THE BASIS  OF  A  FORMAL
 EVALUATION OF THE CHARACTERISTICS, SUCH AS QUALITY, COST, DELIVERY SCHE-
 DULE  AND FINANCING OF SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA.
 PUBLIC NOTICE OF THE REQUESTS FOR PROPOSALS SHALL BE GIVEN IN  THE  SAME
 MANNER AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION AND SHALL INCLUDE
 THE  SELECTION  CRITERIA.  IN  THE  EVENT THE AUTHORITY MAKES A MATERIAL
 CHANGE IN THE SELECTION CRITERIA FROM THOSE  PREVIOUSLY  STATED  IN  THE
 NOTICE, IT WILL INFORM ALL PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS
 TO MODIFY THEIR PROPOSALS;
   (I)  EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION DOLLARS
 OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPOSER WHOSE
 PROPOSAL IS THE LOWEST COST, THE AUTHORITY MAY AWARD A CONTRACT PURSUANT
 TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A TWO-THIRDS  VOTE
 OF  THE BOARD AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION:
 (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS;
 (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES,  IF
 ANY,  AVAILABLE  TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS; AND
 (C) SETTING FORTH  THE  CRITERIA  UPON  WHICH  THE  SELECTION  WAS  MADE
 PROVIDED  HOWEVER  THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY,
 AT ITS DISCRETION, REQUIRE SUCH A RESOLUTION BE APPROVED  FOR  CONTRACTS
 WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS;
   (II)  NOTHING  IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION;
   (G) THE AUTHORITY ISSUES A COMPETITIVE REQUEST FOR PROPOSALS  PURSUANT
 TO  THE PROCEDURES OF PARAGRAPH (F) OF THIS SUBDIVISION FOR THE PURCHASE
 OR REHABILITATION OF RAIL CARS  AND  OMNIBUSES.  ANY  SUCH  REQUEST  MAY
 INCLUDE  AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL OR A
 PORTION OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR THE USE
 OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE  STATE  OF  NEW  YORK,
 PROVIDED  HOWEVER  THAT IN NO EVENT SHALL THE AUTHORITY AWARD A CONTRACT
 TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT COST  IS  MORE
 THAN  TEN  PERCENT  HIGHER THAN THE UNIT COST OF ANY QUALIFIED COMPETING
 FINAL OFFER, IF THE SOLE BASIS FOR SUCH AWARD IS THAT THE HIGHER  PRICED
 OFFER  INCLUDES  A  MORE  FAVORABLE PROVISION FOR THE PERFORMANCE OF THE
 CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF  GOODS  PRODUCED  OR
 SERVICES  PROVIDED  WITHIN  THE  STATE OF NEW YORK, AND FURTHER PROVIDED
 S. 2830                            75
 
 THAT THE AUTHORITY'S DISCRETION TO AWARD A CONTRACT TO ANY  MANUFACTURER
 SHALL  NOT BE SO LIMITED IF A BASIS FOR SUCH AWARD, AS DETERMINED BY THE
 AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE, LIFE  CYCLE,  RELI-
 ABILITY,  OR  ANY OTHER FACTOR THE AUTHORITY DEEMS RELEVANT TO ITS OPER-
 ATIONS;
   (I) EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION  DOLLARS
 OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPOSER WHOSE
 PROPOSAL IS THE LOWEST COST, THE AUTHORITY MAY AWARD A CONTRACT PURSUANT
 TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS
 THAN A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING
 OF  THE  AUTHORITY WITH SUCH RESOLUTION: (A) DISCLOSING THE OTHER PROPO-
 SERS AND THE SUBSTANCE OF THEIR PROPOSALS; (B) SUMMARIZING  THE  NEGOTI-
 ATION  PROCESS  INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPO-
 SERS TO PRESENT AND MODIFY THEIR PROPOSALS; AND (C)  SETTING  FORTH  THE
 CRITERIA  UPON  WHICH  THE  SELECTION WAS MADE PROVIDED HOWEVER THAT FOR
 PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION,  REQUIRE
 SUCH  A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED
 MILLION DOLLARS OR LESS;
   (II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE:  (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS; OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   4. UPON THE ADOPTION OF A RESOLUTION BY  THE  AUTHORITY  STATING,  FOR
 REASONS  OF  EFFICIENCY, ECONOMY, COMPATIBILITY OR MAINTENANCE RELIABIL-
 ITY, THAT THERE IS A NEED FOR STANDARDIZATION, THE AUTHORITY MAY  ESTAB-
 LISH  PROCEDURES WHEREBY PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT ARE
 IDENTIFIED ON A QUALIFIED PRODUCTS LIST. SUCH PROCEDURES  SHALL  PROVIDE
 FOR  PRODUCTS  OR  VENDORS  TO BE ADDED TO OR DELETED FROM SUCH LIST AND
 SHALL INCLUDE PROVISIONS FOR PUBLIC ADVERTISEMENT OF THE MANNER IN WHICH
 SUCH LISTS ARE COMPILED. THE AUTHORITY SHALL REVIEW SUCH  LIST  NO  LESS
 THAN  TWICE  A  YEAR  FOR  THE  PURPOSE  OF  MAKING  SUCH MODIFICATIONS.
 CONTRACTS FOR PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT IDENTIFIED  ON
 A  QUALIFIED PRODUCTS LIST MAY BE AWARDED BY THE AUTHORITY TO THE LOWEST
 RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS IN ACCORDANCE  WITH  THIS
 SECTION OR WITHOUT COMPETITIVE SEALED BIDS IN INSTANCES WHEN THE ITEM IS
 AVAILABLE  FROM  ONLY  A  SINGLE  SOURCE,  EXCEPT THAT THE AUTHORITY MAY
 DISPENSE WITH ADVERTISING PROVIDED THAT IT MAILS COPIES OF  THE  INVITA-
 TION  TO  BID  TO  ALL  VENDORS  OF THE PARTICULAR ITEM ON THE QUALIFIED
 PRODUCTS LIST.
   5. THE  AUTHORITY  SHALL  COMPILE  A  LIST  OF  POTENTIAL  SOURCES  OF
 SUPPLIES,  MATERIALS  OR  EQUIPMENT  REGULARLY  PURCHASED. THE AUTHORITY
 SHALL, BY RESOLUTION, SET FORTH THE PROCEDURES  IT  HAS  ESTABLISHED  TO
 IDENTIFY  NEW  SOURCES AND TO NOTIFY SUCH NEW SOURCES OF THE OPPORTUNITY
 TO BID FOR CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS  OR  EQUIP-
 MENT. SUCH PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) ADVERTISING IN TRADE JOURNALS;
   (B) COOPERATION WITH FEDERAL, STATE AND LOCAL AGENCIES WITHIN ITS AREA
 OF OPERATIONS;
   (C) PUBLICATION IN THE STATE REGISTER QUARTERLY; AND
   (D) PROCEDURES ESTABLISHED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION
 THIRTEEN HUNDRED FORTY-NINE-J OF THIS TITLE.
   6.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT SUPERSEDE ANY OTHER
 PROVISIONS OF LAW RELATIVE TO PURCHASES OF PRODUCTS OR DEVICES  MANUFAC-
 TURED OR PROVIDED BY THE BLIND OR OTHER SEVERELY HANDICAPPED PERSONS, TO
 THE  INVITATION  AND  ACCEPTANCE OF BIDS FROM SMALL OR MINORITY BUSINESS
 S. 2830                            76
 
 ENTERPRISES OR TO THE PURCHASES  OF  SUPPLIES,  MATERIALS  OR  EQUIPMENT
 THROUGH  THE  OFFICE  OF  GENERAL  SERVICES.  EXCEPT AS MAY OTHERWISE BE
 PROVIDED BY LAW OR AS MORE RESTRICTIVELY DEFINED IN THE OFFICIAL  POLICY
 OR BID SPECIFICATIONS OF THE AUTHORITY, AS USED IN THIS SECTION THE TERM
 "SMALL  BUSINESS"  MEANS A SMALL BUSINESS OR SIMILAR TERM, UNDER FEDERAL
 REGULATIONS APPLICABLE TO PROJECTS OF THE AUTHORITY WHICH ARE  FEDERALLY
 ASSISTED.
   7. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
 SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF
 GOODS,  MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER THEIR
 BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS  BEFORE
 THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL
 NOT  CONSTITUTE  DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT
 HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  ANY  PROCUREMENT
 MADE  BY  ANY OTHER PUBLIC ENTITY NOT OTHERWISE REQUIRED BY LAW TO AWARD
 CONTRACTS FOR SUCH PURCHASES TO THE LOWEST RESPONSIBLE  BIDDER  IF  SUCH
 PURCHASES ARE MADE AT THE SOLE COST AND EXPENSE OF SUCH ENTITY.
   9.  (A)  WHENEVER  THE  COMPTROLLER  PURSUANT  TO SECTION TWENTY-EIGHT
 HUNDRED SEVENTY-NINE-A OF THIS CHAPTER INTENDS TO REQUIRE SUPERVISION IN
 THE FORM OF PRIOR REVIEW AND APPROVAL OF A CONTRACT OR  CONTRACT  AMEND-
 MENT  TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THEN SUCH
 CONTRACT OR CONTRACT AMENDMENT SHALL BE SUBMITTED TO THE COMPTROLLER  BY
 THE AUTHORITY FOR APPROVAL AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT
 UNLESS  IT SHALL FIRST HAVE BEEN APPROVED BY THE COMPTROLLER BUT ONLY IF
 THE COMPTROLLER HAS NOTIFIED THE AUTHORITY OF SUCH DETERMINATION  WITHIN
 THIRTY  DAYS  OF  HAVING  RECEIVED  WRITTEN  NOTICE  OF SUCH CONTRACT OR
 CONTRACT AMENDMENT EITHER  IN  THE  AUTHORITY'S  ANNUAL  REPORT  OR  ANY
 REVISED REPORT;
   (B)  IF  THE COMPTROLLER HAS TIMELY NOTIFIED THE AUTHORITY AS PROVIDED
 IN PARAGRAPH (A) OF THIS  SUBDIVISION  THAT  ANY  CONTRACT  OR  CONTRACT
 AMENDMENT SHALL BE SUBJECT TO COMPTROLLER PRIOR REVIEW AND APPROVAL, AND
 SUCH  CONTRACT  OR  CONTRACT  AMENDMENT  HAS BEEN SUBMITTED TO THE COMP-
 TROLLER, IT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL  IF
 THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED IT WITHIN THIRTY DAYS OF
 SUBMISSION TO THE COMPTROLLER.
   10.  THE AWARD OF CONSTRUCTION CONTRACTS BY THE AUTHORITY SHALL NOT BE
 SUBJECT TO THE PROVISIONS OF SECTION ONE  HUNDRED  ONE  OF  THE  GENERAL
 MUNICIPAL LAW.
   §  1349-G.  BIG  APPLE  TRANSIT  AUTHORITY  SMALL  BUSINESS  MENTORING
 PROGRAM. 1. AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES  OTHER-
 WISE:
   (A) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
 (I)  IS  INDEPENDENTLY  OWNED AND OPERATED; (II) HAS ANNUAL REVENUES NOT
 EXCEEDING A FISCAL LIMITATION OF FIVE MILLION  DOLLARS  OR  SUCH  LESSER
 AMOUNT AS ESTABLISHED BY THE AUTHORITY PURSUANT TO THESE PROVISIONS; AND
 (III)  MEETS  ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY THE CHAIR-
 PERSON IN CONSULTATION WITH THE MEMBERS OF THE BIG APPLE TRANSIT AUTHOR-
 ITY SMALL BUSINESS MENTORING PROGRAM ADVISORY COMMITTEE.   THE CHAIR  OF
 THE COMMITTEE SHALL BE THE CHIEF DIVERSITY OFFICER OF THE AUTHORITY. THE
 AUTHORITY  SHALL ESTABLISH A DETAILED DEFINITION IN GENERAL AND SPECIFIC
 TO DIFFERENT SEGMENTS OF THE CONSTRUCTION INDUSTRY TO THE EXTENT  NECES-
 SARY  TO REFLECT DIFFERING CHARACTERISTICS OF SUCH SEGMENTS BASED ON THE
 CRITERIA USED BY THE UNITED STATES  SMALL  BUSINESS  ADMINISTRATION  FOR
 LOANS  TO  SMALL  BUSINESSES  AS SET FORTH IN SECTIONS 121.301, 121.302,
 121.303, 121.304, AND 121.305, OR FOR AWARDING  GOVERNMENT  PROCUREMENTS
 S. 2830                            77
 
 AS  SET  FORTH  IN SECTIONS 121.401, 121.402, 121.403, 121.404, 121.405,
 121.406, 121.407,  121.408,  121.409,  121.410,  121.411,  121.412,  AND
 121.413 OF SUBPART A OF PART 121 OF CHAPTER I OF TITLE 13 OF THE CODE OF
 FEDERAL REGULATIONS AS AMENDED, AND SUCH OTHER CRITERIA AS DETERMINED BY
 THE AUTHORITY;
   (B)  "SMALL BUSINESS MENTORING PROGRAM" MEANS A PROGRAM ESTABLISHED BY
 THE AUTHORITY PURSUANT TO THESE PROVISIONS TO PROVIDE  SMALL  BUSINESSES
 ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
   (I)  FOR  UP  TO  FOUR  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
 PERFORM CERTAIN AUTHORITY PUBLIC WORK CONTRACTS TO BE DESIGNATED BY  THE
 AUTHORITY  FOR  INCLUSION  IN THIS PROGRAM UNDER THIS SUBPARAGRAPH, WITH
 THE ASSISTANCE OF AN AUTHORITY-PROVIDED MENTOR, WHICH SHALL  BE  A  FIRM
 COMPETITIVELY  SELECTED BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION
 MANAGEMENT AND MENTORING EXPERIENCE, WITH  THE  MENTOR  TO  PROVIDE  THE
 SMALL  BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND MANAGING
 AUTHORITY PUBLIC WORK CONTRACTS; AND
   (II) FOR A SMALL BUSINESS  MENTORING  PROGRAM  PARTICIPANT  WHICH  THE
 AUTHORITY  HAS  DETERMINED  HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
 ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER  DESIGNATED  SMALL  BUSI-
 NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
 FOR  INCLUSION  UNDER  THIS  SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM
 SUCH AUTHORITY PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF  AN
 AUTHORITY-PROVIDED  MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
 BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND  MENTOR-
 ING  EXPERIENCE,  WITH  THE  MENTOR  TO  PROVIDE THE SMALL BUSINESS WITH
 ADVICE AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING  AUTHORITY
 PUBLIC  WORK CONTRACTS, AND (B) AUTHORITY-PROVIDED ASSISTANCE, AS DETER-
 MINED BY THE AUTHORITY, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING  FOR
 PUBLIC  WORK  CONTRACTS  THAT  ARE  COMPETITIVELY  AWARDED  PURSUANT  TO
 PROVISIONS OF LAW OTHER THAN THIS SECTION.
   (C) "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A  NON-FEDERALLY
 FUNDED AUTHORITY PUBLIC WORK CONTRACT DESIGNATED BY THE AUTHORITY, IN AN
 ESTIMATED  AMOUNT  OF  NOT  MORE  THAN ONE MILLION DOLLARS FOR CONTRACTS
 UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS  SUBDIVISION  AND  THREE
 MILLION  DOLLARS  FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B)
 OF THIS SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE  INVITED  AND
 ACCEPTED  ONLY  FROM  BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS
 MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR
 THE CONTRACT.
   2. (A) THE AUTHORITY MAY ESTABLISH A SMALL BUSINESS MENTORING PROGRAM.
 IN CONNECTION THEREWITH, THE AUTHORITY MAY DETERMINE THE CRITERIA PURSU-
 ANT TO WHICH A SMALL BUSINESS SHALL BE  ELIGIBLE  FOR  AND  SELECTED  TO
 PARTICIPATE IN THE PROGRAM UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH
 (B)  OF  SUBDIVISION  ONE OF THIS SECTION, THE NUMBER OF PARTICIPANTS TO
 PARTICIPATE IN EACH OF SUCH COMPONENTS OF THE PROGRAM, THE CRITERIA  FOR
 THE  COMPETITIVE  SELECTION  OF  THE FIRMS THAT WILL PROVIDE SMALL BUSI-
 NESSES WITH MENTORING SERVICES, THE ASSIGNMENT OF A MENTOR TO A SPECIFIC
 SMALL BUSINESS IN THE SMALL BUSINESS MENTORING PROGRAM, AND THE  FUNDING
 FOR THE PROGRAM.
   (B) UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE CHAIRPERSON OR THE
 CHAIRPERSON'S   DESIGNEE   IS   AUTHORIZED,  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW:
   (I) TO DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL  BE  SMALL
 BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
 S. 2830                            78
 
   (II)  TO  ESTABLISH  STANDARDS FOR QUALIFYING SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS  MENTORING  PROGRAM
 CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
 THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
   (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
 ING  PROGRAM  CONTRACT  SHOULD BE RESTRICTED TO SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS  OR  PROPOSALS,
 HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
   (IV)  TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
 EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
 VISION OF THE AUTHORITY, WILL PROVIDE MENTORING SERVICES  TO  THE  SMALL
 BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
 ASSIGN  SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES PARTICIPAT-
 ING IN THE PROGRAM;
   (V) FOR SMALL BUSINESS MENTORING  PROGRAM  CONTRACTS,  EXCEPT  AS  SET
 FORTH  HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF A
 PUBLIC WORK CONTRACT PURSUANT TO SECTIONS TWELVE HUNDRED NINE,  THIRTEEN
 HUNDRED FORTY-NINE-F AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAP-
 TER AND ANY OTHER PROVISION OF LAW;
   (VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
 HAVE  BEEN  AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS TO OBTAIN
 ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN  CONNECTION
 WITH  SUCH  CONTRACT  ONLY  NOTWITHSTANDING ANY PROVISION OF SECTION TWO
 THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
   (VII) FOR SMALL BUSINESSES THAT HAVE  BEEN  ACCEPTED  INTO  THE  SMALL
 BUSINESS  MENTORING  PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
 SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO  THE  BENEFITS  OF  SUCH
 PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
 NICAL  ASSISTANCE IN OBTAINING BIDS, PAYMENT AND PERFORMANCE BONDING FOR
 AUTHORITY PUBLIC WORK CONTRACTS THAT ARE NOT  SMALL  BUSINESS  MENTORING
 PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
   3.  (A)  IF  THE  TOTAL  NUMBER  OF QUALIFIED SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION  AND  ARE  CONSIDERED
 CAPABLE  OF  MEETING  THE  SPECIFICATIONS AND TERMS OF THE INVITATION TO
 COMPETE IS LESS THAN THREE, OR IF THE CHAIRPERSON OR  THE  CHAIRPERSON'S
 DESIGNEE DETERMINES THAT ACCEPTANCE OF THE BEST OFFER WILL RESULT IN THE
 PAYMENT  OF  AN  UNREASONABLE PRICE, THE AUTHORITY MAY REJECT ALL OFFERS
 AND WITHDRAW THE DESIGNATION OF THE CONTRACT AS A SMALL BUSINESS MENTOR-
 ING PROGRAM CONTRACT.
   (B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION OF CONTRACT AS A  SMALL
 BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT MADE OFFERS
 SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE SAME OR REWRIT-
 TEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED AS A SMALL BUSINESS
 MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT PERIOD.
   4.  A MENTOR SHALL PROVIDE SERVICES AND ASSISTANCE TO A SMALL BUSINESS
 AS DESIGNATED BY THE AUTHORITY, WHICH MAY INCLUDE THE FOLLOWING:
   (A) PROVIDE BUSINESS TRAINING IN THE SKILLS  NECESSARY  TO  OPERATE  A
 SUCCESSFUL CONSTRUCTION BUSINESS AND TO COMPETE FOR AND PERFORM A PUBLIC
 WORK CONTRACT;
   (B)  PROVIDE  TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
 OUTCOME IF THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
 CONTRACT;
   (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
 SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
 SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
 S. 2830                            79
 
   (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5.  THE AUTHORITY MAY DELEGATE TO THE CHAIRPERSON OR THE CHAIRPERSON'S
 DESIGNEE, THE AUTHORITY'S RESPONSIBILITIES SET FORTH IN THIS TITLE.
   6. THE SMALL BUSINESS MENTORING PROGRAM CONTRACTS AUTHORIZED  BY  THIS
 LEGISLATION  SHALL, FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN AGGRE-
 GATE AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL  NOT  EXCEED
 ONE  HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS TO
 BE SET BY THE CHAIRPERSON.
   § 1349-H. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE  THE
 PURPOSES OF THIS TITLE:
   1.  THE  AUTHORITY  MAY  ACQUIRE,  BY PURCHASE, GIFT, GRANT, TRANSFER,
 CONTRACT OR LEASE, ANY  TRANSPORTATION  FACILITY,  WHOLLY  OR  PARTIALLY
 WITHIN  THE CITY, OR ANY PART THEREOF, OR THE USE THEREOF, AND MAY ENTER
 INTO ANY JOINT SERVICE ARRANGEMENTS AS HEREINAFTER  PROVIDED.  ANY  SUCH
 ACQUISITION  OR  JOINT  SERVICE  ARRANGEMENT SHALL BE AUTHORIZED ONLY BY
 RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE.
   2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
 DETERMINE  NECESSARY,  CONVENIENT  OR  DESIRABLE  ITSELF  PLAN,  DESIGN,
 ACQUIRE,  ESTABLISH, CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE,
 IMPROVE, EXTEND, REHABILITATE OR REPAIR ANY TRANSPORTATION FACILITY,  OR
 MAY  PROVIDE  FOR  SUCH  PLANNING,  DESIGN,  ACQUISITION, ESTABLISHMENT,
 CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVE-
 MENT, EXTENSION, REHABILITATION OR REPAIR BY CONTRACT,  LEASE  OR  OTHER
 ARRANGEMENT  ON  SUCH TERMS AS THE AUTHORITY MAY DEEM NECESSARY, CONVEN-
 IENT OR DESIRABLE WITH ANY PERSON, INCLUDING  BUT  NOT  LIMITED  TO  ANY
 COMMON  CARRIER  OR  FREIGHT FORWARDER, THE STATE, ANY STATE AGENCY, THE
 FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR INSTRUMENTALITY  THERE-
 OF,  ANY  PUBLIC  AUTHORITY  OF THIS OR ANY OTHER STATE, THE PORT OF NEW
 YORK AUTHORITY OR ANY  POLITICAL  SUBDIVISION  OR  MUNICIPALITY  OF  THE
 STATE.  IN CONNECTION WITH THE OPERATION OF ANY TRANSPORTATION FACILITY,
 THE AUTHORITY MAY PLAN, DESIGN, ACQUIRE, ESTABLISH, CONSTRUCT,  EFFECTU-
 ATE,  OPERATE,  MAINTAIN,  RENOVATE,  IMPROVE,  EXTEND  OR REPAIR OR MAY
 PROVIDE BY CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT  FOR  THE  PLANNING,
 DESIGN,  ACQUISITION,  ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERA-
 TION, MAINTENANCE, RENOVATION, IMPROVEMENT, EXTENSION OR REPAIR  OF  ANY
 RELATED SERVICES AND ACTIVITIES IT DEEMS NECESSARY, CONVENIENT OR DESIR-
 ABLE,  INCLUDING  BUT  NOT  LIMITED TO THE TRANSPORTATION AND STORAGE OF
 FREIGHT AND THE UNITED STATES MAIL, FEEDER  AND  CONNECTING  TRANSPORTA-
 TION, PARKING AREAS, TRANSPORTATION CENTERS, STATIONS AND RELATED FACIL-
 ITIES.
   3.  (A)  EXCEPT  AS DIRECTED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
 AUTHORITY SHALL ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE  ESTABLISHED,
 LEVIED  AND  COLLECTED  AND, IN THE CASE OF A JOINT SERVICE ARRANGEMENT,
 JOIN WITH OTHERS IN THE  ESTABLISHMENT,  LEVY  AND  COLLECTION  OF  SUCH
 FARES,  TOLLS,  RENTALS, RATES, CHARGES AND OTHER FEES NECESSARY FOR THE
 USE AND OPERATION OF ANY TRANSPORTATION FACILITY  AND  RELATED  SERVICES
 OPERATED BY THE AUTHORITY OR BY A SUBSIDIARY CORPORATION OF THE AUTHORI-
 TY  OR  UNDER  CONTRACT,  LEASE  OR  OTHER  ARRANGEMENT, INCLUDING JOINT
 SERVICE  ARRANGEMENTS,  WITH  THE  AUTHORITY.  ANY  SUCH  FARES,  TOLLS,
 RENTALS,  RATES, CHARGES OR OTHER FEES FOR THE TRANSPORTATION OF PASSEN-
 GERS SHALL BE ESTABLISHED AND CHANGED ONLY IF APPROVED BY RESOLUTION  OF
 THE  AUTHORITY ADOPTED BY NOT LESS THAN A MAJORITY VOTE AND ONLY AFTER A
 PUBLIC HEARING, PROVIDED HOWEVER, THAT  FARES,  TOLLS,  RENTALS,  RATES,
 CHARGES OR OTHER FEES FOR THE TRANSPORTATION OF PASSENGERS ON ANY TRANS-
 PORTATION  FACILITY  WHICH ARE IN EFFECT AT THE TIME THAT THE THEN OWNER
 S. 2830                            80
 
 OF SUCH TRANSPORTATION FACILITY BECOMES A SUBSIDIARY CORPORATION OF  THE
 AUTHORITY  OR AT THE TIME THAT OPERATION OF SUCH TRANSPORTATION FACILITY
 IS COMMENCED BY THE AUTHORITY OR IS COMMENCED UNDER CONTRACT,  LEASE  OR
 OTHER  ARRANGEMENT,  INCLUDING  JOINT  SERVICE  ARRANGEMENTS,  WITH  THE
 AUTHORITY MAY BE CONTINUED IN EFFECT WITHOUT SUCH A HEARING. SUCH FARES,
 TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES SHALL  BE  ESTABLISHED  AS
 MAY  IN  THE  JUDGMENT  OF  THE  AUTHORITY  BE NECESSARY TO MAINTAIN THE
 COMBINED OPERATIONS OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS  ON
 A SELF-SUSTAINING BASIS AND TO ENSURE THAT THE OPERATIONS OF THE AUTHOR-
 ITY  ARE  SUCH  THAT, AT THE END OF THE FISCAL YEAR, THE RESULTS THEREOF
 SHALL NOT SHOW A DEFICIT WHEN  REPORTED  IN  ACCORDANCE  WITH  GENERALLY
 ACCEPTED  ACCOUNTING  PRINCIPLES  UNLESS SUCH DEFICIT IS OFFSET BY FUNDS
 WITHDRAWN FROM RESERVES THEREFOR. THE SAID OPERATIONS SHALL BE DEEMED TO
 BE ON A SELF-SUSTAINING BASIS  AS  REQUIRED  BY  THIS  TITLE,  WHEN  THE
 AUTHORITY  IS ABLE TO PAY OR CAUSE TO BE PAID FROM REVENUE AND ANY OTHER
 FUNDS OR PROPERTY ACTUALLY AVAILABLE TO THE AUTHORITY AND ITS SUBSIDIARY
 CORPORATIONS (I) AS THE SAME SHALL BECOME  DUE,  THE  PRINCIPAL  OF  AND
 INTEREST  ON  THE BONDS AND NOTES AND OTHER OBLIGATIONS OF THE AUTHORITY
 AND ITS SUBSIDIARIES, AND  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY,
 TOGETHER WITH THE MAINTENANCE OF PROPER RESERVES THEREFOR, (II) THE COST
 AND  EXPENSE  OF  KEEPING THE PROPERTIES AND ASSETS OF THE AUTHORITY AND
 ITS SUBSIDIARY CORPORATIONS IN GOOD CONDITION AND REPAIR, AND (III)  THE
 CAPITAL  AND  OPERATING  EXPENSES  OF  THE  AUTHORITY AND ITS SUBSIDIARY
 CORPORATIONS. THE AUTHORITY MAY CONTRACT WITH THE HOLDERS OF  BONDS  AND
 NOTES  WITH  RESPECT  TO  THE  EXERCISE OF THE POWERS AUTHORIZED BY THIS
 SECTION. NO ACTS OR ACTIVITIES TAKEN OR PROPOSED  TO  BE  TAKEN  BY  THE
 AUTHORITY  OR ANY SUBSIDIARY OF THE AUTHORITY PURSUANT TO THE PROVISIONS
 OF THIS SUBDIVISION SHALL BE DEEMED TO BE "ACTIONS" FOR THE PURPOSES  OR
 WITHIN  THE  MEANING  OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW.
   (B) ALL FARES, TOLLS, RENTALS, RATES, CHARGES, AND OTHER  FEES  ESTAB-
 LISHED,  LEVIED,  AND COLLECTED OR CAUSED TO BE ESTABLISHED, LEVIED, AND
 COLLECTED BY THE AUTHORITY AND ITS AFFILIATES,  SHALL  FIRST  BE  TRANS-
 FERRED TO THE METROPOLITAN TRANSPORTATION AUTHORITY IN ORDER TO MAINTAIN
 THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  ON A SELF-SUSTAINING BASIS
 UNLESS ALREADY PLEDGED TO SECURE, AND  NECESSARY  TO  SATISFY  THE  DEBT
 SERVICE OR RESERVE REQUIREMENTS OF, BONDS, NOTES OR OTHER OBLIGATIONS OF
 THE  NEW YORK CITY TRANSIT AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL
 AUTHORITY PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-FOUR.
   (C) IN THE EVENT THAT THE MONTHLY REVENUES OF THE METROPOLITAN  TRANS-
 PORTATION  AUTHORITY  FALL  BELOW ONE HUNDRED TWENTY-FIVE PERCENT OF THE
 AMOUNT NECESSARY TO MAINTAIN THE OPERATIONS OF THE  METROPOLITAN  TRANS-
 PORTATION  AUTHORITY  ON  A SELF-SUSTAINING BASIS, AS DEFINED BY SECTION
 TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE, THE AUTHORITY  SHALL,  AT  THE
 DIRECTION  OF THE METROPOLITAN TRANSPORTATION AUTHORITY, ESTABLISH, LEVY
 AND COLLECT OR CAUSE TO BE ESTABLISHED, LEVIED  AND  COLLECTED,  IN  THE
 CASE  OF A JOINT SERVICE ARRANGEMENT, AND JOIN WITH OTHERS IN THE ESTAB-
 LISHMENT, LEVY AND COLLECTION OF  SUCH  FARES,  TOLLS,  RENTALS,  RATES,
 CHARGES  AND OTHER FEES AS THE METROPOLITAN TRANSPORTATION AUTHORITY MAY
 DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
 TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY  THE  AUTHORITY
 OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
 OR  OTHER  ARRANGEMENT,  INCLUDING  JOINT SERVICE ARRANGEMENTS, WITH THE
 AUTHORITY, UNTIL SUCH TIME THAT MONTHLY  REVENUES  OF  THE  METROPOLITAN
 TRANSPORTATION AUTHORITY HAS EXCEEDED, FOR THREE CONSECUTIVE MONTHS, TWO
 HUNDRED  PERCENT  OF  THE AMOUNT NECESSARY TO MAINTAIN THE MONTHLY OPER-
 S. 2830                            81
 
 ATIONS OF THE METROPOLITAN TRANSPORTATION AUTHORITY ON A SELF-SUSTAINING
 BASIS.
   4.  IN FURTHERANCE OF THE AUTHORITY'S MANDATE TO DEVELOP AND IMPLEMENT
 A UNIFIED MASS TRANSPORTATION POLICY FOR THE CITY AND  THE  EXERCISE  OF
 ITS  POWERS,  INCLUDING  THE POWER TO ISSUE NOTES, BONDS AND OTHER OBLI-
 GATIONS SECURED IN WHOLE OR IN PART BY THE REVENUES OF THE AUTHORITY AND
 ITS SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSID-
 IARIES, THE AUTHORITY SHALL JOIN WITH THE NEW YORK CITY TRANSIT AUTHORI-
 TY  AND ITS SUBSIDIARIES IN CONNECTION WITH ANY CHANGE IN THE ESTABLISH-
 MENT, LEVY AND COLLECTION OF FARES, TOLLS, RENTALS, RATES,  CHARGES  AND
 OTHER  FEES  FOR  THE TRANSPORTATION OF PASSENGERS ON ANY TRANSPORTATION
 FACILITIES OPERATED BY NEW YORK CITY TRANSIT AUTHORITY AND  ITS  SUBSID-
 IARIES.  SUCH  FARES,  TOLLS, RENTALS, CHARGES AND OTHER FEES ON TRANSIT
 FACILITIES SHALL BE ESTABLISHED IN ACCORDANCE WITH THE  REQUIREMENTS  OF
 SECTIONS TWELVE HUNDRED FIVE AND TWELVE HUNDRED SEVEN-I OF THIS ARTICLE.
   5.  THE  AUTHORITY  MAY  ESTABLISH  AND,  IN THE CASE OF JOINT SERVICE
 ARRANGEMENTS, JOIN WITH OTHERS IN THE ESTABLISHMENT  OF  SUCH  SCHEDULES
 AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
 ING  BUT  NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE CONDUCT AND
 SAFETY OF THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT  OR  DESIRABLE
 FOR  THE  USE  AND  OPERATION OF ANY TRANSPORTATION FACILITY AND RELATED
 SERVICES OPERATED BY THE AUTHORITY OR UNDER  CONTRACT,  LEASE  OR  OTHER
 ARRANGEMENT,  INCLUDING  JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
 IN THE CASE OF ANY CONFLICT BETWEEN ANY SUCH RULE OR REGULATION  OF  THE
 AUTHORITY  GOVERNING  THE  CONDUCT  OR  THE SAFETY OF THE PUBLIC AND ANY
 LOCAL LAW, ORDINANCE, RULE OR REGULATION, SUCH RULE OR REGULATION OF THE
 AUTHORITY SHALL PREVAIL.  VIOLATION OF ANY SUCH RULE  OR  REGULATION  OF
 THE  AUTHORITY  GOVERNING  THE CONDUCT OR THE SAFETY OF THE PUBLIC IN OR
 UPON ANY FACILITY OF THE AUTHORITY SHALL CONSTITUTE AN OFFENSE AND SHALL
 BE PUNISHABLE BY A FINE NOT EXCEEDING FIFTY DOLLARS OR IMPRISONMENT  FOR
 NOT MORE THAN THIRTY DAYS OR BOTH OR MAY BE PUNISHABLE BY THE IMPOSITION
 OF A CIVIL PENALTY BY THE TRANSIT ADJUDICATION BUREAU ESTABLISHED PURSU-
 ANT TO THE PROVISIONS OF TITLE NINE OF THIS ARTICLE.
   6.  THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
 EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR  REPAIR  ANY
 TRANSPORTATION  FACILITIES  THROUGH,  AND  CAUSE  ANY ONE OR MORE OF ITS
 POWERS, DUTIES, FUNCTIONS OR ACTIVITIES TO BE EXERCISED OR PERFORMED BY,
 ONE OR MORE WHOLLY OWNED SUBSIDIARY CORPORATIONS OF THE AUTHORITY, OR BY
 NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS IN
 THE CASE OF TRANSIT FACILITIES AND MAY TRANSFER  TO  OR  FROM  ANY  SUCH
 CORPORATIONS  ANY MONEYS, REAL PROPERTY OR OTHER PROPERTY FOR ANY OF THE
 PURPOSES OF THIS TITLE UPON SUCH TERMS AND CONDITIONS AS SHALL BE AGREED
 TO AND SUBJECT TO SUCH PAYMENT OR REPAYMENT OBLIGATIONS AS ARE  REQUIRED
 BY  LAW  OR  BY  ANY  AGREEMENT TO WHICH ANY OF THE AFFECTED ENTITIES IS
 SUBJECT. THE DIRECTORS OR MEMBERS OF EACH SUCH SUBSIDIARY CORPORATION OF
 THE AUTHORITY CORPORATION SHALL BE THE SAME PERSONS HOLDING THE  OFFICES
 OF  MEMBERS  OF THE AUTHORITY. THE CHAIRPERSON OF THE BOARD OF EACH SUCH
 SUBSIDIARY SHALL BE THE CHAIRPERSON OF THE AUTHORITY, SERVING EX OFFICIO
 AND, PROVIDED THAT THERE IS AN EXECUTIVE DIRECTOR OF THE BIG APPLE TRAN-
 SIT AUTHORITY, THE EXECUTIVE DIRECTOR OF SUCH SUBSIDIARY  SHALL  BE  THE
 EXECUTIVE  DIRECTOR OF THE BIG APPLE TRANSIT AUTHORITY, SERVING EX OFFI-
 CIO.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  THE  CHAIR-
 PERSON  SHALL BE THE CHIEF EXECUTIVE OFFICER OF EACH SUCH SUBSIDIARY AND
 SHALL BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND  ADMINISTRA-
 TIVE  FUNCTIONS  AND POWERS OF EACH SUCH SUBSIDIARY. THE CHAIRPERSON AND
 EXECUTIVE DIRECTOR, IF ANY, SHALL BE EMPOWERED TO DELEGATE  HIS  OR  HER
 S. 2830                            82
 
 FUNCTIONS  AND  POWERS TO ONE OR MORE OFFICERS OR EMPLOYEES OF EACH SUCH
 SUBSIDIARY DESIGNATED BY HIM OR HER. EACH SUCH SUBSIDIARY CORPORATION OF
 THE AUTHORITY AND ANY OF ITS PROPERTY, FUNCTIONS  AND  ACTIVITIES  SHALL
 HAVE  ALL  OF  THE  PRIVILEGES,  IMMUNITIES,  TAX  EXEMPTIONS  AND OTHER
 EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S  PROPERTY,  FUNCTIONS
 AND ACTIVITIES. EACH SUCH SUBSIDIARY CORPORATION SHALL BE SUBJECT TO THE
 RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. EACH
 SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE SUBJECT TO SUIT IN
 ACCORDANCE  WITH  SECTION  THIRTEEN HUNDRED FORTY-NINE-MM OF THIS TITLE.
 THE EMPLOYEES OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE  WHO  ARE
 ALSO  EMPLOYEES  OF  THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE
 AUTHORITY.
   7. IF THE AUTHORITY SHALL DETERMINE THAT ONE OR MORE OF ITS SUBSIDIARY
 CORPORATIONS SHOULD BE IN THE FORM OF A PUBLIC BENEFIT  CORPORATION,  IT
 SHALL  CREATE  EACH  SUCH  PUBLIC  BENEFIT  CORPORATION BY EXECUTING AND
 FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCORPORATION, WHICH
 MAY BE AMENDED FROM TIME TO TIME BY FILING, WHICH SHALL  SET  FORTH  THE
 NAME  OF  SUCH  PUBLIC BENEFIT SUBSIDIARY CORPORATION, ITS DURATION, THE
 LOCATION OF ITS PRINCIPAL OFFICE, AND ANY OR  ALL  OF  THE  PURPOSES  OF
 ACQUIRING,  OWNING,  LEASING,  ESTABLISHING, CONSTRUCTING, EFFECTUATING,
 OPERATING, MAINTAINING, RENOVATING, IMPROVING,  EXTENDING  OR  REPAIRING
 ONE  OR  MORE  FACILITIES  OF  THE AUTHORITY.   EACH SUCH PUBLIC BENEFIT
 SUBSIDIARY CORPORATION SHALL BE A BODY POLITIC AND CORPORATE  AND  SHALL
 HAVE  ALL THOSE POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF THIS
 TITLE WHICH THE AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS  CERTIFICATE
 OF INCORPORATION EXCEPT THE POWER TO CONTRACT INDEBTEDNESS.
   8.  WHENEVER  ANY  STATE, POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
 SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION OR PERSON IS  AUTHOR-
 IZED  AND  EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO CO-OPERATE
 AND ENTER INTO AGREEMENTS  WITH  THE  AUTHORITY  SUCH  STATE,  POLITICAL
 SUBDIVISION,  MUNICIPALITY,  COMMISSION,  AGENCY,  OFFICER,  DEPARTMENT,
 BOARD, DIVISION OR PERSON SHALL HAVE THE SAME  AUTHORIZATION  AND  POWER
 FOR  ANY OF SUCH PURPOSES TO CO-OPERATE AND ENTER INTO AGREEMENTS WITH A
 SUBSIDIARY CORPORATION OF THE AUTHORITY.
   9. EACH OF THE AUTHORITY AND ITS SUBSIDIARIES, AND THE NEW  YORK  CITY
 TRANSIT  AUTHORITY  AND ITS SUBSIDIARIES, IN ITS OWN NAME OR IN THE NAME
 OF THE CITY, MAY APPLY FOR AND RECEIVE AND ACCEPT  GRANTS  OF  PROPERTY,
 MONEY  AND SERVICES AND OTHER ASSISTANCE OFFERED OR MADE AVAILABLE TO IT
 BY ANY PERSON, GOVERNMENT OR AGENCY, WHICH IT MAY USE TO MEET CAPITAL OR
 OPERATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF ITS POWERS,
 AND TO NEGOTIATE FOR THE SAME UPON SUCH  TERMS  AND  CONDITIONS  AS  THE
 RESPECTIVE AUTHORITY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR DESIR-
 ABLE.
   10.  SUBJECT  TO  THE  RIGHTS OF THE HOLDERS OF ANY OUTSTANDING BONDS,
 NOTES OR OTHER OBLIGATIONS OF  THE  AUTHORITY,  NEW  YORK  CITY  TRANSIT
 AUTHORITY  AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND TO FACILITATE
 THE EFFICIENT FINANCIAL MANAGEMENT  OF  THE  AUTHORITY,  ITS  SUBSIDIARY
 CORPORATIONS,  NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPO-
 RATIONS, AND TRIBOROUGH BRIDGE AND  TUNNEL  AUTHORITY  (THE  "AFFILIATED
 ENTITIES"),  THE AUTHORITY MAY, AND MAY PERMIT AND DIRECT ANY AFFILIATED
 ENTITY TO, TRANSFER REVENUES, SUBSIDIES AND OTHER MONIES  OR  SECURITIES
 TO ONE OR MORE FUNDS OR ACCOUNTS OF ANOTHER AFFILIATED ENTITY FOR USE BY
 SUCH  OTHER  AFFILIATED ENTITY, PROVIDED AT THE TIME OF SUCH TRANSFER IT
 IS REASONABLY ANTICIPATED THAT THE MONIES AND SECURITIES SO  TRANSFERRED
 WILL  BE  REIMBURSED, REPAID OR OTHERWISE PROVIDED FOR BY THE END OF THE
 NEXT SUCCEEDING CALENDAR YEAR IF REIMBURSEMENT OR REPAYMENT IS  REQUIRED
 S. 2830                            83
 
 BY LAW OR BY ANY AGREEMENT TO WHICH ANY OF THE AFFECTED AFFILIATED ENTI-
 TIES  IS  SUBJECT.  ANY REVENUES OF AN AFFILIATED ENTITY THAT ARE TRANS-
 FERRED TO ANOTHER AFFILIATED ENTITY, WHICH TRANSFER WAS  NOT  AUTHORIZED
 BY  A  PROVISION OF LAW OTHER THAN THIS SUBDIVISION, SHALL BE CONSIDERED
 TO BE REQUIRED TO BE REPAID TO  THE  AFFILIATED  ENTITY  WHICH  WAS  THE
 SOURCE  OF SUCH REVENUES BY THE END OF THE NEXT SUCCEEDING CALENDAR YEAR
 FOLLOWING SUCH TRANSFER.
   11. THE AUTHORITY MAY LEASE RAILROAD CARS FOR  USE  IN  ITS  PASSENGER
 SERVICE  PURSUANT  TO THE PROVISIONS OF CHAPTER SIX HUNDRED THIRTY-EIGHT
 OF THE LAWS OF NINETEEN HUNDRED FIFTY-NINE.
   12. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT  OR
 DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
 TRANSPORTATION  FACILITIES,  EQUIPMENT  OR  REAL PROPERTY OPERATED BY OR
 UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE  AUTHORITY  AND  ITS
 SUBSIDIARIES,  AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES.
 EXCEPT AS HEREINAFTER SPECIALLY PROVIDED, NO MUNICIPALITY  OR  POLITICAL
 SUBDIVISION  OTHER  THAN THE CITY OF NEW YORK, INCLUDING BUT NOT LIMITED
 TO A COUNTY, CITY, VILLAGE, TOWN OR SCHOOL OR OTHER DISTRICT SHALL  HAVE
 JURISDICTION  OVER ANY FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES,
 AND NEW YORK CITY TRANSIT AUTHORITY AND  ITS  SUBSIDIARIES,  OR  ANY  OF
 THEIR ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOLUTIONS, ORDINANCES,
 RULES  AND REGULATIONS OF A MUNICIPALITY OR POLITICAL SUBDIVISION, HERE-
 TOFORE OR HEREAFTER ADOPTED, CONFLICTING WITH THIS TITLE OR ANY RULE  OR
 REGULATION OF THE AUTHORITY OR ITS SUBSIDIARIES, OR NEW YORK CITY TRANS-
 IT  AUTHORITY OR ITS SUBSIDIARIES, SHALL NOT BE APPLICABLE TO THE ACTIV-
 ITIES OR OPERATIONS OF THE AUTHORITY AND ITS SUBSIDIARIES, AND NEW  YORK
 CITY  TRANSIT  AUTHORITY,  OR  THE  FACILITIES  OF THE AUTHORITY AND ITS
 SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS  SUBSIDIARIES,
 EXCEPT SUCH FACILITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPOR-
 TATION  OR TRANSIT PURPOSES. EACH MUNICIPALITY OR POLITICAL SUBDIVISION,
 INCLUDING BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN  OR  DISTRICT
 IN  WHICH  ANY  FACILITIES  OF THE AUTHORITY OR ITS SUBSIDIARIES, OR NEW
 YORK CITY TRANSIT  AUTHORITY  OR  ITS  SUBSIDIARIES  ARE  LOCATED  SHALL
 PROVIDE  FOR SUCH FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES
 OF THE SAME CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESI-
 DENTS OF SUCH MUNICIPALITY OR POLITICAL SUBDIVISION.
   13. THE JURISDICTION, SUPERVISION, POWERS AND DUTIES OF THE DEPARTMENT
 OF TRANSPORTATION OF THE STATE UNDER THE TRANSPORTATION  LAW  SHALL  NOT
 EXTEND  TO THE AUTHORITY IN THE EXERCISE OF ANY OF ITS POWERS UNDER THIS
 TITLE. THE AUTHORITY MAY AGREE WITH SUCH DEPARTMENT FOR THE EXECUTION BY
 SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR  ANY  GRADE
 CROSSING  SEPARATION  RECONSTRUCTION PROJECT ALONG ANY RAILROAD FACILITY
 OPERATED BY THE AUTHORITY OR BY ONE OF ITS  SUBSIDIARY  CORPORATIONS  OR
 UNDER  CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
 PROJECT SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE  TRANSPORTA-
 TION  LAW  AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF ANY SUCH
 PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHOR-
 ITY'S SHARE OF SUCH COSTS SHALL BE BORNE BY THE STATE.
   14. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL,  SPECIAL
 OR  LOCAL, OR OF ANY AGREEMENT ENTERED INTO IN PURSUANCE THEREOF, RELAT-
 ING TO THE REPAYMENT OF ANY LOAN OR ADVANCE MADE  BY  THE  CITY  OR  THE
 STATE  TO  THE  AUTHORITY  OR  TO  THE  NEW YORK CITY TRANSIT AUTHORITY,
 NEITHER THE AUTHORITY NOR THE NEW YORK CITY TRANSIT AUTHORITY  SHALL  BE
 REQUIRED  TO  REPAY  ANY SUCH LOAN OR ADVANCE HERETOFORE MADE FROM OR BY
 REASON OF THE ISSUANCE OF BONDS OR NOTES OF EITHER OF THEM OR  FROM  THE
 PROCEEDS REALIZED UPON SUCH ISSUANCE OR FROM ANY OTHER FUNDS RECEIVED BY
 S. 2830                            84

 EITHER  OF  THEM  FROM  ANY  SOURCE WHATEVER IN AID OR ASSISTANCE OF THE
 PROJECT OR PROJECTS FOR THE FINANCING OF WHICH SUCH BONDS OR  NOTES  ARE
 ISSUED.
   15.  NO  PROJECT TO BE CONSTRUCTED UPON REAL PROPERTY THERETOFORE USED
 FOR A TRANSPORTATION PURPOSE, OR ON AN INSUBSTANTIAL  ADDITION  TO  SUCH
 PROPERTY CONTIGUOUS THERETO, WHICH WILL NOT CHANGE IN A MATERIAL RESPECT
 THE  GENERAL CHARACTER OF SUCH PRIOR TRANSPORTATION USE, NOR ANY ACTS OR
 ACTIVITIES IN CONNECTION WITH SUCH PROJECT,  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS  OF  ARTICLE  EIGHT, NINETEEN, TWENTY-FOUR, OR TWENTY-FIVE OF
 THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY  LOCAL  LAW  OR  ORDINANCE
 ADOPTED  PURSUANT  TO ANY SUCH ARTICLE. NOR SHALL ANY ACTS OR ACTIVITIES
 TAKEN OR PROPOSED TO BE TAKEN BY THE AUTHORITY OR BY ANY OTHER PERSON OR
 ENTITY, PUBLIC OR PRIVATE, IN  CONNECTION  WITH  THE  PLANNING,  DESIGN,
 ACQUISITION, IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION
 OF  A TRANSPORTATION FACILITY, OTHER THAN A MARINE OR AVIATION FACILITY,
 BE SUBJECT TO THE PROVISIONS  OF  ARTICLE  EIGHT  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW,  OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO
 ANY SUCH ARTICLE IF SUCH ACTS OR ACTIVITIES REQUIRE THE PREPARATION OF A
 STATEMENT UNDER OR PURSUANT TO ANY FEDERAL LAW OR REGULATION AS  TO  THE
 ENVIRONMENTAL IMPACT THEREOF.
   16. THE AUTHORITY MAY, UPON SUITABLE NOTICE TO AND AN OFFER TO CONSULT
 WITH  AN  OFFICER DESIGNATED BY THE CITY OF NEW YORK, OCCUPY THE STREETS
 OF THE CITY OF NEW YORK FOR THE PURPOSE OF DOING ANY WORK OVER OR  UNDER
 THE  SAME  IN  CONNECTION  WITH  THE  IMPROVEMENT,  CONSTRUCTION, RECON-
 STRUCTION OR REHABILITATION OF A  TRANSPORTATION  FACILITY  WITHOUT  THE
 CONSENT OF OR PAYMENT TO SUCH CITY.
   17.  THE AUTHORITY AND EACH OF ITS SUBSIDIARY CORPORATIONS SHALL PLACE
 ON EACH TRANSFORMER AND SUBSTATION WHICH CONTAINS POLYCHLORINATED BIPHE-
 NYLS A SYMBOL SO INDICATING THE PRESENCE OF  POLYCHLORINATED  BIPHENYLS.
 USE  OF  A  POLYCHLORINATED  BIPHENYL  MARK ILLUSTRATED IN THE RULES AND
 REGULATIONS PROMULGATED PURSUANT TO THE FEDERAL TOXIC SUBSTANCES CONTROL
 ACT SHALL CONSTITUTE COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
   18. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR  THE  TERMS  OF
 ANY  CONTRACT,  THE  AUTHORITY  SHALL  ESTABLISH AND IMPLEMENT A NO FARE
 PROGRAM FOR TRANSPORTATION FOR  INDIVIDUALS  SERVING  AS  PERSONAL  CARE
 ATTENDANTS  ACCOMPANYING  AN AMERICANS WITH DISABILITIES ACT PARATRANSIT
 ELIGIBLE INDIVIDUAL.
   (B) IN ORDER TO BE ELIGIBLE FOR SUCH NO FARE PROGRAM THE PERSONAL CARE
 ATTENDANT MUST SHOW HIS OR HER COMMUNITY BASED PERSONAL  CARE  ATTENDANT
 AGENCY ISSUED IDENTIFICATION CARD.
   (C) IN ORDER TO BE CONSIDERED ACCOMPANYING AN AMERICANS WITH DISABILI-
 TIES  ACT  PARATRANSIT  ELIGIBLE  INDIVIDUAL THE PERSONAL CARE ATTENDANT
 SHALL HAVE THE SAME ORIGIN AND DESTINATION AS SUCH PARATRANSIT  ELIGIBLE
 INDIVIDUAL.
   19.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY AND ANY
 OF ITS SUBSIDIARY CORPORATIONS SHALL ESTABLISH AND IMPLEMENT A HALF FARE
 RATE PROGRAM FOR PERSONS WITH SERIOUS MENTAL ILLNESS WHO ARE ELIGIBLE TO
 RECEIVE SUPPLEMENTAL SECURITY INCOME BENEFITS  AS  DEFINED  PURSUANT  TO
 TITLE SIXTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SECTION TWO HUNDRED
 NINE OF THE SOCIAL SERVICES LAW.
   20.  THE  AUTHORITY  SHALL  CONDUCT  A  CAMPAIGN OF PUBLIC OUTREACH TO
 INFORM THE PUBLIC OF THE PROVISIONS PERTAINING TO ASSAULT  ON  EMPLOYEES
 AS PROVIDED BY SUBDIVISION ELEVEN OF SECTION 120.05 OF THE PENAL LAW.
   §  1349-I. MEDICAL EMERGENCY SERVICES. THE AUTHORITY IS HEREBY AUTHOR-
 IZED AND DIRECTED TO PREPARE AND DEVELOP A  MEDICAL  EMERGENCY  SERVICES
 PROGRAM  TO BE IMPLEMENTED AT A TIME TO BE SPECIFIED IN SUCH PROGRAM FOR
 S. 2830                            85
 
 THE BENEFIT  OF  PERSONS  UTILIZING  TRANSPORTATION  AND  OTHER  RELATED
 SERVICES  OF  THE AUTHORITY. SUCH PROGRAM MAY INCLUDE BUT NOT BE LIMITED
 TO THE PROVISION FOR THE FOLLOWING: THE TRAINING OF DESIGNATED EMPLOYEES
 IN  FIRST  AID,  EMERGENCY TECHNIQUES AND PROCEDURES, HANDLING AND POSI-
 TIONING OF STRICKEN COMMUTERS, AND KNOWLEDGE OF PROCEDURES AND EQUIPMENT
 USED FOR RESPIRATORY AND CARDIAC  EMERGENCIES.  SUCH  PROGRAM  SHALL  BE
 SUBMITTED  TO  THE  LEGISLATURE  NOT  LATER THAN ONE HUNDRED EIGHTY DAYS
 AFTER THE EFFECTIVE DATE OF THIS SECTION.
   § 1349-J. TRANSIT PROJECTS. 1.  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SECTION, THE AUTHORITY IS HEREBY AUTHORIZED, UPON THE REQUEST OF THE NEW
 YORK  CITY TRANSIT AUTHORITY AND UPON SUCH TERMS AND CONDITIONS AS SHALL
 BE AGREED TO BY THE AUTHORITY (A) TO PLAN, DESIGN,  ACQUIRE,  CONSTRUCT,
 RECONSTRUCT, REHABILITATE AND IMPROVE FACILITIES, EQUIPMENT, DEVICES AND
 APPURTENANCES,  AND  PROPERTY  OR  PROPERTY  RIGHTS  CONSTITUTING  OR TO
 CONSTITUTE PART OF, OR USED OR TO BE USED IN CONNECTION WITH THE  OPERA-
 TION  OF  ANY TRANSIT FACILITY NOW OR HEREAFTER OWNED OR OPERATED BY THE
 NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES, EACH OF SUCH
 ACTIVITIES AND PROGRAMS BEING REFERRED TO IN THIS SECTION AS A  "TRANSIT
 PROJECT";  (B) TO FINANCE THE COSTS OF A TRANSIT PROJECT BY THE ISSUANCE
 OF ITS NOTES, BONDS OR LEASE OBLIGATIONS; AND (C) UPON THE COMPLETION OF
 ANY TRANSIT PROJECT OR PART THEREOF, TO CAUSE  THE  SAME  TO  BE  TRANS-
 FERRED,  LEASED  OR  SUBLEASED TO THE NEW YORK CITY TRANSIT AUTHORITY OR
 ITS DESIGNATED SUBSIDIARY OR  OTHER  DESIGNEE,  FOR  CONSIDERATION.  THE
 TERMS "FACILITIES", "EQUIPMENT", "DEVICES AND APPURTENANCES", "PROPERTY"
 OR  "PROPERTY  RIGHTS"  AND  "TRANSIT  FACILITY" SHALL HAVE THE MEANINGS
 GIVEN TO SUCH TERMS IN SECTION  TWELVE  HUNDRED  OF  THIS  ARTICLE.  THE
 AUTHORITY  SHALL  HAVE NO OBLIGATION TO OPERATE OR, EXCEPT AS MAY OTHER-
 WISE BE PROVIDED IN ANY LEASE TO WHICH IT MAY BE A PARTY AS  HEREINAFTER
 PROVIDED,  REPAIR OR MAINTAIN ANY TRANSIT PROJECT OR PART THEREOF SUBSE-
 QUENT TO ITS COMPLETION NOR SHALL IT BE LIABLE TO THE TRANSFEREE, LESSEE
 OR SUBLESSEE BY REASON OF ANY WARRANTY, EXPRESS OR IMPLIED,  IN  RESPECT
 THEREOF.  WARRANTIES  FURNISHED  IN CONNECTION WITH SUCH TRANSIT PROJECT
 SHALL BE ASSIGNABLE AND ASSIGNED AS DIRECTED BY THE NEW YORK CITY TRANS-
 IT AUTHORITY AND APPROVED BY THE AUTHORITY.
   2. IN CONNECTION WITH ANY TRANSIT PROJECT, AND IN ORDER TO  EFFECTUATE
 THE  PURPOSES  OF  THIS  SECTION,  THE  AUTHORITY  SHALL, SUBJECT TO THE
 PROVISIONS OF THIS SECTION, HAVE ALL OF THE POWERS PROVIDED ELSEWHERE IN
 THIS TITLE, AND, IN ADDITION, THE AUTHORITY MAY:
   (A) ISSUE ITS NOTES OR BONDS TO FINANCE ALL OR ANY PART OF  THE  COSTS
 OF A TRANSIT PROJECT;
   (B)  FINANCE  ALL  OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY
 OTHER PERSON OR ENTITY, PUBLIC  OR  PRIVATE,  OF  SUCH  TRANSIT  PROJECT
 THROUGH, OR ACCOMPANIED BY, A LEASING OF SUCH PROJECT OR ANY PART THERE-
 OF  BY  SUCH PERSON OR ENTITY TO THE AUTHORITY OR THROUGH OR ACCOMPANIED
 BY A SALE BY THE AUTHORITY TO ANY SUCH PERSON OR ENTITY AND LEASEBACK TO
 THE AUTHORITY, IN EACH CASE FOR SUBLEASING TO THE NEW YORK CITY  TRANSIT
 AUTHORITY,  ITS  DESIGNATED  SUBSIDIARY  OR OTHER DESIGNEE FOR CONSIDER-
 ATION, EXCEPT THAT SUCH LEASING OR LEASEBACK FROM SUCH PERSON OR  ENTITY
 MAY  BE  MADE  DIRECTLY  TO  THE  NEW YORK CITY TRANSIT AUTHORITY OR ITS
 DESIGNATED SUBSIDIARY OR OTHER DESIGNEE WITH THE CONSENT OF THE AUTHORI-
 TY;
   (C) ISSUE ITS NOTES OR BONDS TO DEFEASE THE LIEN OF, REFUND OR  OTHER-
 WISE  REPAY ANY OUTSTANDING NOTES, BONDS OR OTHER OBLIGATIONS OF THE NEW
 YORK CITY TRANSIT AUTHORITY WHICH IN THE JUDGMENT OF THE AUTHORITY WOULD
 OTHERWISE DELAY, IMPEDE OR PREVENT ITS FINANCING A TRANSIT PROJECT;
 S. 2830                            86
 
   (D) ACCEPT THE NOTES, BONDS, LEASE,  SUBLEASE  AND  OTHER  CONTRACTUAL
 OBLIGATIONS OF THE NEW YORK CITY TRANSIT AUTHORITY AND ANY OF ITS DESIG-
 NATED  SUBSIDIARIES  IN  PAYMENT  FOR A TRANSFER, LEASE OR SUBLEASE OF A
 TRANSIT PROJECT;
   (E)  ACCEPT FROM THE NEW YORK CITY TRANSIT AUTHORITY OR ITS DESIGNATED
 SUBSIDIARY OR FROM THE CITY OF NEW YORK, ACTING BY ITS  MAYOR  ALONE,  A
 TRANSFER OF TITLE TO OR THE USE, OCCUPANCY, CONTROL OR POSSESSION OF ANY
 REAL OR PERSONAL PROPERTY (OR ANY INTEREST THEREIN) NEEDED OR USEFUL FOR
 OR IN CONNECTION WITH ANY TRANSIT PROJECT;
   (F)  OBTAIN  SECURITY  FOR  THE  PAYMENT  BY THE NEW YORK CITY TRANSIT
 AUTHORITY OR ITS DESIGNATED  SUBSIDIARY  OF  ITS  NOTES,  BONDS,  LEASE,
 SUBLEASE  OR OTHER CONTRACTUAL OBLIGATIONS, INCLUDING A PLEDGE OF ALL OR
 ANY PART OF ANY OF THEIR REVENUES, WHICH PLEDGE  MAY  CONTAIN  COVENANTS
 WITH  RESPECT TO THE CHARGING AND FIXING OF FARES, FEES AND RENTALS, THE
 USE AND DISPOSITION OF SUCH FARES, FEES, RENTALS AND OTHER REVENUES, AND
 THE SETTING ASIDE OF RESERVES THEREFROM;
   (G) WITH THE CONSENT OF THE NEW YORK CITY  TRANSIT  AUTHORITY  OR  ITS
 DESIGNATED  SUBSIDIARY,  USE,  WITH OR WITHOUT COMPENSATION, ITS AGENTS,
 EMPLOYEES AND FACILITIES; AND
   (H) APPLY FOR,  ACCEPT,  ENTER  INTO  CONTRACTS  FOR,  ADMINISTER  AND
 DISBURSE  ANY  FEDERAL, STATE OR LOCAL AID OR ASSISTANCE, SUBJECT TO THE
 TERMS AND CONDITIONS THEREOF, WHICH MAY BE  AVAILABLE  FOR  ANY  TRANSIT
 PROJECT.
   3.  ALL  OF  THE  PROVISIONS  OF  THIS TITLE NOT INCONSISTENT WITH THE
 PROVISIONS OF THIS SECTION SHALL  BE  APPLICABLE  WITH  RESPECT  TO  ANY
 BONDS,  NOTES  OR  LEASE  OBLIGATIONS OF THE AUTHORITY ISSUED OR ENTERED
 INTO TO FINANCE ANY TRANSIT PROJECT, OR TO DEFEASE THE LIEN  OF,  REFUND
 OR  OTHERWISE REPAY OUTSTANDING BONDS, NOTES OR OTHER OBLIGATIONS OF THE
 NEW YORK CITY TRANSIT AUTHORITY, SUBJECT TO THE FOLLOWING CONDITIONS:
   (A) SUCH BONDS AND NOTES SHALL BE PAYABLE AS TO PRINCIPAL,  REDEMPTION
 PREMIUM,  IF ANY, AND INTEREST AND SUCH OTHER OBLIGATIONS SHALL BE PAYA-
 BLE, ALL IN THE MANNER MORE PARTICULARLY PROVIDED BY  THE  AUTHORITY  IN
 THE RESOLUTION UNDER WHICH THE SAME SHALL BE AUTHORIZED TO BE ISSUED;
   (B)  SUCH  LEASE OBLIGATIONS SHALL BE NON-RECOURSE OBLIGATIONS LIMITED
 TO THE RECOVERY OF THE LEASED PROPERTY BY  THE  LESSOR  AND  AS  TO  THE
 PAYMENTS  OF SUMS OF MONEY COMING DUE THEREUNDER, TO PROCEEDINGS AGAINST
 THE SUBLESSEE UNDER ANY UNDERLYING SUBLEASE OR PURSUANT TO ANY PLEDGE OR
 ASSIGNMENT GIVEN TO SECURE SUMS PAYABLE UNDER SUCH UNDERLYING SUBLEASE;
   (C) NO BONDS OR NOTES OF THE AUTHORITY SHALL BE ISSUED FOR THE PURPOSE
 OF DEFEASING THE LIEN OF, REFUNDING OR  OTHERWISE  REPAYING  OUTSTANDING
 BONDS, NOTES OR OTHER OBLIGATIONS OF THE NEW YORK CITY TRANSIT AUTHORITY
 UNLESS  (I) THE CITY OF NEW YORK SHALL HAVE ENTERED INTO AN AGREEMENT ON
 TERMS SATISFACTORY TO THE AUTHORITY TO MAKE PERIODIC PAYMENTS TO THE NEW
 YORK CITY TRANSIT AUTHORITY, AND (II) THE NEW YORK CITY TRANSIT AUTHORI-
 TY SHALL HAVE ENTERED INTO AN AGREEMENT ON  TERMS  SATISFACTORY  TO  THE
 AUTHORITY  TO  MAKE  PERIODIC  PAYMENTS  TO  THE AUTHORITY, IN EACH CASE
 SUFFICIENT TO PAY, WHEN DUE, THE PRINCIPAL, REDEMPTION PREMIUM, IF  ANY,
 AND  INTEREST  UPON THE BONDS OR NOTES OF THE AUTHORITY ISSUED TO EFFECT
 SUCH DEFEASANCE, REFUNDING OR REPAYMENT;
   (D) NOTWITHSTANDING AND IN ADDITION TO ANY PROVISIONS FOR THE  REDEMP-
 TION  OF SUCH BONDS OR NOTES WHICH MAY BE CONTAINED IN ANY CONTRACT WITH
 THE HOLDERS THEREOF, THE CITY OF NEW YORK MAY,  UPON  FURNISHING  SUFFI-
 CIENT  FUNDS  THEREFOR,  REQUIRE  THE AUTHORITY TO REDEEM AS A WHOLE ANY
 ISSUE OF SUCH BONDS OR NOTES AT THE TIME OR TIMES AND AT  THE  PLACE  OR
 PLACES  AND  IN ACCORDANCE WITH THE TERMS UPON WHICH SUCH BONDS OR NOTES
 ARE REDEEMABLE; AND
 S. 2830                            87
 
   (E) THE CITY OF NEW YORK SHALL NOT BE LIABLE ON SUCH BONDS  OR  NOTES,
 AND SUCH BONDS OR NOTES SHALL NOT BE A DEBT OF THE CITY OF NEW YORK, AND
 SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.
   4.  THE  AUTHORITY  SHALL NOT UNDERTAKE ANY TRANSIT PROJECT UNLESS THE
 NEW YORK CITY TRANSIT AUTHORITY OR THE SUBSIDIARY FOR WHOSE BENEFIT  THE
 TRANSIT PROJECT IS TO BE UNDERTAKEN, OR BOTH, SHALL PAY OR AGREE TO PAY,
 IN  THE FORM OF A BOND, NOTE, LEASE, SUBLEASE OR OTHER CONTRACTUAL OBLI-
 GATION, IN A MANNER AND ON TERMS  AND  CONDITIONS  SATISFACTORY  TO  THE
 AUTHORITY,  ANY  PORTION  OF  THE COSTS TO THE AUTHORITY OF SUCH TRANSIT
 PROJECT AND THE FINANCING THEREOF WHICH IS NOT  PAID  TO  THE  AUTHORITY
 FROM ANY FEDERAL, STATE OR LOCAL AID OR ASSISTANCE OR WHICH IS NOT PAYA-
 BLE  FROM ANY OTHER MONEYS MADE AVAILABLE OR PAYABLE TO THE AUTHORITY BY
 OTHERS FOR SUCH PROJECT.
   5. NEITHER THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C OF THE
 NEW YORK CITY CHARTER, RELATING TO A UNIFORM LAND USE REVIEW  PROCEDURE,
 NOR  THE  PROVISIONS  OF  ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK OF
 LIKE OR SIMILAR TENOR OR IMPORT SHALL APPLY (A) TO  THE  ACQUISITION  OF
 ANY  REAL  PROPERTY,  OR  ANY  INTEREST THEREIN, FOR THE PURPOSES OF ANY
 TRANSIT PROJECT BY THE CITY OR BY THE NEW YORK CITY TRANSIT AUTHORITY OR
 ANY OF ITS SUBSIDIARIES; (B) TO THE  SUBSEQUENT  TRANSFER  OF  ANY  REAL
 PROPERTY  (OR  INTEREST  THEREIN)  SO  ACQUIRED  TO THE AUTHORITY OR ITS
 DESIGNEE FOR THE PURPOSES OF SUCH PROJECT OR  TO  THE  TRANSFER  TO  THE
 AUTHORITY  OR  ITS  DESIGNEE  FOR SUCH PURPOSES OF ANY REAL PROPERTY (OR
 INTEREST THEREIN) THEN OWNED BY THE CITY OR BY THE NEW YORK CITY TRANSIT
 AUTHORITY OR ANY SUCH SUBSIDIARY; NOR (C) TO THE TRANSFER TO THE AUTHOR-
 ITY OR ITS DESIGNEE FOR SUCH PURPOSES OF THE RIGHT  OF  USE,  OCCUPANCY,
 CONTROL OR POSSESSION OF ANY REAL PROPERTY (OR INTEREST THEREIN), WHETH-
 ER  PRESENTLY OWNED OR HEREAFTER ACQUIRED BY THE CITY OR BY THE NEW YORK
 CITY TRANSIT AUTHORITY OR ANY SUCH SUBSIDIARY;  PROVIDED  IN  EACH  SUCH
 CASE,  HOWEVER,  THAT  IF  AT  THE  TIME OF SUCH PROPOSED ACQUISITION OR
 TRANSFER THE REAL PROPERTY WHICH IS THE SUBJECT OF SUCH  ACQUISITION  OR
 TRANSFER  IS  NOT  THEN  BEING  UTILIZED FOR A TRANSIT OR TRANSPORTATION
 PURPOSE OR IS NOT AN INSUBSTANTIAL ADDITION TO SUCH PROPERTY  CONTIGUOUS
 THERETO; (I) THE AUTHORITY PROPOSING TO ACQUIRE OR RECEIVE SUCH PROPERTY
 SHALL,  UNLESS A SUBMISSION WITH RESPECT TO SUCH PROPERTY HAS PREVIOUSLY
 BEEN MADE AND APPROVED AS HEREIN PROVIDED, SUBMIT TO THE COMMUNITY BOARD
 FOR THE COMMUNITY DISTRICT IN WHICH SUCH PROPERTY IS LOCATED, DATA  WITH
 RESPECT  TO  THE  PROPOSED USE OF SUCH PROPERTY AND TO THE DESIGN OF ANY
 FACILITY PROPOSED TO BE CONSTRUCTED THEREON; (II) SUCH  COMMUNITY  BOARD
 SHALL  INFORM  THE  COUNCIL  OF THE CITY OF NEW YORK, WITH COPIES TO THE
 CITY PLANNING COMMISSION OF THE CITY  OF  NEW  YORK  AND  THE  PROPOSING
 AUTHORITY,  OF ITS VIEWS AND RECOMMENDATIONS WITH RESPECT THERETO WITHIN
 FORTY-FIVE DAYS OF SUCH SUBMISSION, AND IF  THE  COMMUNITY  BOARD  SHALL
 FAIL  TO SO INFORM SUCH COUNCIL WITHIN SUCH PERIOD IT SHALL BE DEEMED TO
 HAVE RECOMMENDED THE PROPOSAL; AND  (III)  SUCH  COUNCIL  SHALL,  WITHIN
 FORTY-FIVE DAYS OF THE RECOMMENDATION OF THE COMMUNITY BOARD, APPROVE OR
 DISAPPROVE  SUCH ACQUISITION OR TRANSFER, AND IF SUCH COUNCIL SHALL FAIL
 TO ACT WITHIN SUCH PERIOD IT SHALL BE DEEMED TO HAVE APPROVED THE SAME.
   6. IN ITS PERFORMANCE OF ANY TRANSIT PROJECT, THE AUTHORITY SHALL  NOT
 BE  DEEMED  THE  AGENT OR INSTRUMENTALITY OF THE CITY OF NEW YORK OR THE
 NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES NOTWITHSTAND-
 ING THE FACT THAT TITLE TO ANY REAL OR PERSONAL PROPERTY (OR ANY  INTER-
 EST  THEREIN)  WHICH  IS  THE SUBJECT OF OR IS A PART OF SUCH PROJECT IS
 HELD BY OR UPON COMPLETION OF SUCH PROJECT IS TO BE TRANSFERRED TO  SUCH
 OTHER  ENTITY.  IN  ITS PERFORMANCE OF ANY TRANSIT PROJECT, HOWEVER, THE
 S. 2830                            88
 
 PROVISIONS OF SECTION TWELVE HUNDRED NINE OF THIS ARTICLE SHALL APPLY TO
 THE AUTHORITY AS IF IT WERE THE AUTHORITY REFERRED TO IN SUCH SECTION.
   7. THE AUTHORITY, IN ADDITION TO THE POWERS PROVIDED ELSEWHERE IN THIS
 TITLE, SHALL POSSESS ALL OF THE POWERS, RIGHTS AND PRIVILEGES OF THE NEW
 YORK  CITY  TRANSIT AUTHORITY OR ITS DESIGNATED SUBSIDIARY IN CONNECTION
 WITH THE UNDERTAKING BY  THE  AUTHORITY  OF  ANY  TRANSIT  PROJECT.  THE
 AUTHORITY, UPON SUITABLE NOTICE TO AND AN OFFER TO CONSULT WITH AN OFFI-
 CER  DESIGNATED  BY  THE CITY OF NEW YORK, MAY OCCUPY THE STREETS OF THE
 CITY OF NEW YORK FOR THE PURPOSE OF DOING ANY WORK  OVER  OR  UNDER  THE
 SAME  IN  CONNECTION  WITH ANY TRANSIT PROJECT WITHOUT THE CONSENT OF OR
 PAYMENT TO SUCH CITY.
   8. AFTER THE TRANSFER, TRANSFER BACK, LEASE OR  SUBLEASE  TO  THE  NEW
 YORK CITY TRANSIT AUTHORITY OR ITS DESIGNATED SUBSIDIARY OR OTHER DESIG-
 NEE  OF  ANY  TRANSIT  PROJECT  OR PART THEREOF, ACTIONS FOR DAMAGES FOR
 INJURIES TO REAL OR PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF, OR
 FOR PERSONAL INJURIES OR DEATH, BASED UPON THE USE, CONDITION  OR  STATE
 OF  SUCH  PROJECT  OR  PART  THEREOF  MAY  NOT BE INSTITUTED AGAINST THE
 AUTHORITY, WHICH SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO THE TRANS-
 FEREE, LESSEE OR SUBLESSEE OR TO THIRD PARTIES THEREFOR.
   9. EXCEPT AS THE AUTHORITY SHALL OTHERWISE AGREE, TITLE TO ANY TRANSIT
 PROJECT OR ANY PART THEREOF OR INTEREST THEREIN WHICH  SHALL  HAVE  BEEN
 TRANSFERRED, LEASED, OR SUBLEASED TO THE NEW YORK CITY TRANSIT AUTHORITY
 OR  ITS  DESIGNATED SUBSIDIARY, SHALL REMAIN IN SUCH TRANSFEREE, LESSEE,
 OR SUBLESSEE NOTWITHSTANDING ANY PROVISION OF TITLE NINE OF THIS ARTICLE
 OR OF ANY LEASE OR OTHER AGREEMENT ENTERED INTO UNDER THE PROVISIONS  OF
 SUCH TITLE TO THE CONTRARY.
   10. THE PROVIDING OF ANY TRANSIT PROJECT SHALL NOT RELIEVE THE CITY OF
 NEW  YORK  OF  ITS OBLIGATIONS UNDER LAW AND BY LEASE TO PAY THE CAPITAL
 COSTS OF THE NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES.
   11. NO TRANSIT PROJECT TO BE CONSTRUCTED UPON REAL PROPERTY TO BE USED
 FOR A TRANSIT OR TRANSPORTATION PURPOSE, OR ON AN INSUBSTANTIAL ADDITION
 TO SUCH PROPERTY CONTIGUOUS THERETO, WHICH WILL NOT CHANGE IN A MATERIAL
 RESPECT THE GENERAL CHARACTER OF SUCH PRIOR  TRANSIT  OR  TRANSPORTATION
 USE,  NOR  ANY ACTS OR ACTIVITIES IN CONNECTION WITH SUCH PROJECT, SHALL
 BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR  OR
 TWENTY-FIVE  OF  THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW
 OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTICLE.  NOR SHALL ANY TRANS-
 IT PROJECT OR ANY ACTS OR ACTIVITIES IN CONNECTION  THEREWITH  TAKEN  BY
 ANY  PERSON  OR  ENTITY,  PUBLIC OR PRIVATE, PURSUANT TO THIS SECTION BE
 SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSER-
 VATION  LAW  IF SUCH PROJECT, ACTS OR ACTIVITIES REQUIRE THE PREPARATION
 OF A STATEMENT UNDER OR PURSUANT TO ANY FEDERAL LAW OR REGULATION AS  TO
 THE ENVIRONMENTAL IMPACT THEREOF.
   12. THE PROVISIONS OF THIS SECTION AND OF ALL AGREEMENTS UNDERTAKEN BY
 THE NEW YORK CITY TRANSIT AUTHORITY IN ACCORDANCE THEREWITH SHALL IN ALL
 RESPECTS  BE  SUBJECT  TO  THE  RIGHTS OF THE HOLDERS OF ANY OUTSTANDING
 BONDS OR NOTES OF SUCH AUTHORITY.
   13. (A) ALL CONTRACTS FOR DESIGN, CONSTRUCTION, SERVICES AND MATERIALS
 PURSUANT TO THIS TITLE OF WHATEVER NATURE AND ALL  DOCUMENTS  SOLICITING
 BIDS  OR  PROPOSALS  THEREFOR  SHALL  CONTAIN  OR  MAKE REFERENCE TO THE
 FOLLOWING PROVISIONS:
   (I) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST EMPLOYEES  OR  APPLI-
 CANTS  FOR  EMPLOYMENT  BECAUSE  OF RACE, CREED, COLOR, NATIONAL ORIGIN,
 SEX, AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR  CONTINUE
 EXISTING  PROGRAMS  OF  AFFIRMATIVE ACTION TO ENSURE THAT MINORITY GROUP
 PERSONS AND WOMEN ARE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION.
 S. 2830                            89
 
 SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO, RECRUITMENT, EMPLOY-
 MENT, JOB ASSIGNMENT, PROMOTION, UPGRADING, DEMOTION, TRANSFER,  LAYOFF,
 TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND SELECTIONS
 FOR  TRAINING  OR  RETRAINING,  INCLUDING  APPRENTICESHIP AND ON-THE-JOB
 TRAINING.
   (II) AT THE REQUEST OF THE NEW YORK CITY TRANSIT  AUTHORITY,  THE  BIG
 APPLE  TRANSIT  AUTHORITY,  AND THEIR SUBSIDIARIES, THE CONTRACTOR SHALL
 REQUEST EACH EMPLOYMENT AGENCY, LABOR  UNION,  OR  AUTHORIZED  REPRESEN-
 TATIVE  OF  WORKERS  WITH  WHICH IT HAS A COLLECTIVE BARGAINING OR OTHER
 AGREEMENT OR UNDERSTANDING AND WHICH IS INVOLVED IN THE  PERFORMANCE  OF
 THE CONTRACT WITH THE AUTHORITY TO FURNISH A WRITTEN STATEMENT THAT SUCH
 EMPLOYMENT  AGENCY, LABOR UNION OR REPRESENTATIVE SHALL NOT DISCRIMINATE
 BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY  OR
 MARITAL  STATUS  AND THAT SUCH UNION OR REPRESENTATIVE WILL COOPERATE IN
 THE IMPLEMENTATION OF THE CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION.
   (III) THE CONTRACTOR WILL STATE, IN ALL  SOLICITATIONS  OR  ADVERTISE-
 MENTS  FOR  EMPLOYEES  PLACED  BY  OR ON BEHALF OF THE CONTRACTOR IN THE
 PERFORMANCE OF THE CONTRACT  WITH  THE  AUTHORITY,  THAT  ALL  QUALIFIED
 APPLICANTS   WILL  BE  AFFORDED  EQUAL  EMPLOYMENT  OPPORTUNITY  WITHOUT
 DISCRIMINATION BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE,
 DISABILITY OR MARITAL STATUS.
   (IV) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF SUBPARAGRAPHS  (I),
 (II), AND (III) OF THIS PARAGRAPH IN EVERY SUBCONTRACT OR PURCHASE ORDER
 IN  SUCH A MANNER THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCON-
 TRACTOR OR VENDOR AS TO ITS WORK IN CONNECTION WITH  THE  CONTRACT  WITH
 THE AUTHORITY.
   (B)  THE AUTHORITY SHALL ESTABLISH PROCEDURES AND GUIDELINES TO ENSURE
 THAT CONTRACTORS AND SUBCONTRACTORS UNDERTAKE  PROGRAMS  OF  AFFIRMATIVE
 ACTION AND EQUAL EMPLOYMENT OPPORTUNITY AS REQUIRED BY THIS SUBDIVISION.
 SUCH  PROCEDURES  MAY  REQUIRE  AFTER  NOTICE IN A BID SOLICITATION, THE
 SUBMISSION OF AN AFFIRMATIVE ACTION PROGRAM PRIOR TO THE  AWARD  OF  ANY
 CONTRACT,  OR  AT ANY TIME THEREAFTER, AND MAY REQUIRE THE SUBMISSION OF
 COMPLIANCE REPORTS RELATING TO THE OPERATION AND IMPLEMENTATION  OF  ANY
 AFFIRMATIVE ACTION PROGRAM ADOPTED PURSUANT TO THIS SECTION. THE AUTHOR-
 ITY  MAY  TAKE  APPROPRIATE  ACTION  INCLUDING CONTRACTUAL SANCTIONS FOR
 NON-COMPLIANCE TO EFFECTUATE THE  PROVISIONS  OF  THIS  SUBDIVISION  AND
 SHALL BE RESPONSIBLE FOR MONITORING COMPLIANCE WITH THIS TITLE.
   14.  (A)(I)  IN  THE  PERFORMANCE  OF  PROJECTS PURSUANT TO THIS TITLE
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES SHALL BE GIVEN THE  OPPOR-
 TUNITY  FOR MEANINGFUL PARTICIPATION. THE AUTHORITY PROVIDED FOR IN THIS
 TITLE SHALL ESTABLISH  MEASURES  AND  PROCEDURES  TO  SECURE  MEANINGFUL
 PARTICIPATION  AND  IDENTIFY THOSE CONTRACTS AND ITEMS OF WORK FOR WHICH
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES MAY BEST BID  TO  ACTIVELY
 AND   AFFIRMATIVELY  PROMOTE  AND  ASSIST  THEIR  PARTICIPATION  IN  THE
 PROJECTS, SO AS TO FACILITATE THE AWARD OF A FAIR SHARE OF CONTRACTS  TO
 SUCH ENTERPRISES; PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL BE
 CONSTRUED TO LIMIT THE ABILITY OF THE AUTHORITY TO ASSURE THAT QUALIFIED
 MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES MAY PARTICIPATE IN THE
 PROGRAM.
   (A) FOR PURPOSES OF THIS SECTION, MINORITY BUSINESS  ENTERPRISE  SHALL
 MEAN  ANY  BUSINESS  ENTERPRISE  WHICH  IS AT LEAST FIFTY-ONE PER CENTUM
 OWNED BY, OR IN THE CASE OF A PUBLICLY OWNED BUSINESS, AT  LEAST  FIFTY-
 ONE  PER  CENTUM OF THE STOCK OF WHICH IS OWNED BY CITIZENS OR PERMANENT
 RESIDENT ALIENS WHO ARE AFRICAN-AMERICAN, HISPANIC,  ASIAN  OR  AMERICAN
 INDIAN,  PACIFIC ISLANDER OR ALASKAN NATIVES AND SUCH OWNERSHIP INTEREST
 IS REAL, SUBSTANTIAL AND CONTINUING AND HAVE THE AUTHORITY TO  INDEPEND-
 S. 2830                            90
 
 ENTLY  CONTROL  THE  DAY  TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT
 LEAST ONE YEAR; AND WOMEN-OWNED BUSINESS ENTERPRISE SHALL MEAN ANY BUSI-
 NESS ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY,  OR  IN
 THE  CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF
 THE STOCK OF WHICH IS OWNED BY CITIZENS OR PERMANENT RESIDENT ALIENS WHO
 ARE WOMEN, AND SUCH OWNERSHIP INTEREST IS REAL, SUBSTANTIAL AND CONTINU-
 ING AND HAVE THE AUTHORITY TO INDEPENDENTLY CONTROL THE DAY TO DAY BUSI-
 NESS DECISIONS OF THE ENTITY FOR AT LEAST ONE YEAR.
   (B) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED  TO  LIMIT
 THE ABILITY OF ANY MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE TO BID ON
 ANY CONTRACT.
   (II)  IN  THE  IMPLEMENTATION OF THIS SUBDIVISION, THE AUTHORITY SHALL
 CONSIDER COMPLIANCE BY ANY  CONTRACTOR  WITH  THE  REQUIREMENTS  OF  ANY
 FEDERAL,  STATE,  OR LOCAL LAW CONCERNING MINORITY AND WOMEN-OWNED BUSI-
 NESS ENTERPRISES, WHICH MAY EFFECTUATE THE REQUIREMENTS OF THIS SUBDIVI-
 SION. IF THE AUTHORITY DETERMINES THAT BY VIRTUE OF  THE  IMPOSITION  OF
 THE  REQUIREMENTS  OF  ANY  SUCH  LAW,  IN  RESPECT  TO  CAPITAL PROJECT
 CONTRACTS, THE PROVISIONS THEREOF DUPLICATE OR CONFLICT WITH  SUCH  LAW,
 THE  AUTHORITY  MAY  WAIVE  THE APPLICABILITY OF THIS SUBDIVISION TO THE
 EXTENT OF SUCH DUPLICATION OR CONFLICT.
   (III) NOTHING IN THIS SUBDIVISION SHALL  BE  DEEMED  TO  REQUIRE  THAT
 OVERALL STATE AND FEDERAL REQUIREMENTS FOR PARTICIPATION OF MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES IN PROGRAMS AUTHORIZED UNDER THIS TITLE
 BE  APPLIED  WITHOUT REGARD TO LOCAL CIRCUMSTANCES TO ALL PROJECTS OR IN
 ALL COMMUNITIES.
   (B) IN ORDER TO IMPLEMENT THE  REQUIREMENTS  AND  OBJECTIVES  OF  THIS
 SUBDIVISION,  THE  AUTHORITY  SHALL  ESTABLISH PROCEDURES TO MONITOR THE
 CONTRACTORS' COMPLIANCE WITH PROVISIONS HEREOF,  PROVIDE  ASSISTANCE  IN
 OBTAINING  COMPETING  QUALIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTER-
 PRISES TO PERFORM CONTRACTS PROPOSED  TO  BE  AWARDED,  AND  TAKE  OTHER
 APPROPRIATE  MEASURES  TO IMPROVE THE ACCESS OF MINORITY AND WOMEN-OWNED
 BUSINESS ENTERPRISES TO THESE CONTRACTS.
   15. (A) IN CONNECTION WITH THE PERFORMANCE  OF  PROJECTS  PURSUANT  TO
 THIS  SECTION,  THE  AUTHORITY  SHALL, TO THE EXTENT PRACTICABLE AND NOT
 INCONSISTENT WITH ANY FEDERAL LAW, REGULATION  OR  REQUIREMENT,  PROMOTE
 THE  MEANINGFUL PARTICIPATION OF SMALL BUSINESS AND NEW YORK STATE BUSI-
 NESS ENTERPRISES IN  THE  PROVISION  OF  GOODS  AND  SERVICES  THAT  ARE
 PRODUCED  OR  MANUFACTURED  IN  NEW  YORK  STATE AS PART OF PROCUREMENTS
 UNDERTAKEN BY THE AUTHORITY.
   (B) THE AUTHORITY SHALL WITHIN  ONE  HUNDRED  EIGHTY  DAYS  AFTER  THE
 EFFECTIVE  DATE  OF THIS SUBDIVISION DEVELOP, AND REVIEW ANNUALLY THERE-
 AFTER, A PLAN TO EFFECT THE PURPOSES OF THIS SUBDIVISION.
   § 1349-K. EXCESS LOSS FUND. 1.  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SECTION,  THE  AUTHORITY  IS  AUTHORIZED  TO  ISSUE  BONDS AND NOTES, IN
 ACCORDANCE WITH SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS TITLE,  IN
 SUCH  PRINCIPAL AMOUNTS NOT IN EXCESS OF THE SEVENTY-FIVE MILLION DOLLAR
 LIMITATION ESTABLISHED IN SUBDIVISION FOUR OF THIS SECTION  AS,  IN  THE
 OPINION OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFICIENT FUNDS
 TO  MEET  THE  CAPITAL  AND  RESERVE  REQUIREMENTS  OF  A TRUST, POOLING
 ARRANGEMENT OR OTHER ENTITY ESTABLISHED FOR  THE  PURPOSE  OF  PROVIDING
 REIMBURSEMENT AND FUNDING TO THE AUTHORITY AND ITS SUBSIDIARIES, THE NEW
 YORK  CITY  TRANSIT AUTHORITY AND ITS SUBSIDIARIES AND TRIBOROUGH BRIDGE
 AND TUNNEL AUTHORITY FOR EXCESS OR EXTRAORDINARY LOSSES FOR  DAMAGES  TO
 REAL OR PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF OR FOR PERSONAL
 INJURIES  OR  DEATH  AND FOR CERTAIN PROPERTY DAMAGE LOSSES WHICH MAY BE
 INCURRED OR SUSTAINED BY ANY OF THEM IN  CONNECTION  WITH  THE  USE  AND
 S. 2830                            91
 
 OPERATION  OF  THEIR  RESPECTIVE  FACILITIES AND IN THE CONDUCT OF THEIR
 RESPECTIVE ACTIVITIES, THE TRUST, POOLING ARRANGEMENT  OR  OTHER  ENTITY
 ESTABLISHED IN ORDER TO PROVIDE SUCH BENEFITS TO SUCH PARTICIPANTS BEING
 REFERRED  TO  IN  THIS  SECTION  AS THE "EXCESS LOSS FUND". PRIOR TO THE
 ISSUANCE OF ANY BONDS OR NOTES, OTHER THAN  REFUNDING  BONDS  OR  NOTES,
 AUTHORIZED BY THIS SECTION, THE AUTHORITY SHALL MAKE A FINDING THAT SUCH
 ISSUE IS EXPECTED TO RESULT, ON A PRESENT VALUE BASIS, IN A LOWER EFFEC-
 TIVE COST TO THE PARTICIPATING AUTHORITIES THAN FUNDING THE REQUIREMENTS
 OF  THE  EXCESS  LOSS  FUND  SOLELY  THROUGH THE PAYMENT OF PREMIUMS AND
 ASSESSMENTS BY SUCH PARTICIPATING AUTHORITIES.
   2. IN ORDER TO EFFECTUATE THE PURPOSES OF THE EXCESS  LOSS  FUND,  THE
 AUTHORITY SHALL, SUBJECT TO THE PROVISIONS OF THIS SECTION, HAVE ALL THE
 POWERS PROVIDED ELSEWHERE IN THIS TITLE AND MAY:
   (A)  ACCEPT  THE NOTES, BONDS AND OTHER CONTRACTUAL OBLIGATIONS OF THE
 EXCESS LOSS FUND FOR FUNDS PROVIDED TO IT BY THE AUTHORITY;
   (B) OBTAIN SECURITY FOR THE PAYMENT BY THE EXCESS  LOSS  FUND  OF  ITS
 NOTES,  BONDS AND OTHER CONTRACTUAL OBLIGATIONS ISSUED TO THE AUTHORITY,
 INCLUDING A PLEDGE OF ALL OR ANY PART OF THE ASSETS AND REVENUES OF  THE
 EXCESS LOSS FUND, INCLUDING ITS RECEIPTS AND RIGHTS TO RECEIVE PREMIUMS,
 ASSESSMENTS,  REIMBURSEMENTS AND OTHER PAYMENTS FROM THE PARTICIPANTS IN
 THE EXCESS LOSS FUND, WHICH PLEDGE MAY CONTAIN COVENANTS WITH RESPECT TO
 THE CHARGING AND FIXING BY ACTUARIAL ESTIMATES,  WHERE  APPROPRIATE,  OF
 PREMIUMS, ASSESSMENTS, REIMBURSEMENTS AND OTHER PAYMENTS AND THE USE AND
 DISPOSITION THEREOF; AND
   (C)  ENTER  INTO  CONTRACTS  WITH  THE  EXCESS  LOSS FUND AND WITH THE
 PARTICIPANTS THEREIN, ON SUCH TERMS AND CONDITIONS AS  THE  PARTIES  MAY
 AGREE,  WITH RESPECT TO THE PAYMENT OF PREMIUMS, ASSESSMENTS, REIMBURSE-
 MENTS AND OTHER PAYMENTS TO THE EXCESS LOSS  FUND  AND  THE  NATURE  AND
 EXTENT  OF  THE  BENEFITS  TO  BE  PAID  BY THE EXCESS LOSS FUND TO SUCH
 PARTICIPANTS.
   3. THE BONDS AND NOTES OF THE AUTHORITY  AUTHORIZED  BY  THIS  SECTION
 SHALL  NOT CONSTITUTE GENERAL OBLIGATIONS OF THE AUTHORITY, BUT SHALL BE
 SPECIAL OBLIGATIONS OF THE AUTHORITY PAYABLE AS TO PRINCIPAL, REDEMPTION
 PREMIUM, IF ANY, AND INTEREST  SOLELY  FROM  THE  SECURITY,  SOURCES  OF
 PAYMENT  AND  FUNDS  OBTAINED FROM OR ON BEHALF OF THE EXCESS LOSS FUND,
 ALL IN THE MANNER MORE PARTICULARLY PROVIDED BY  THE  AUTHORITY  IN  THE
 RESOLUTION  UNDER  WHICH  SUCH BONDS AND NOTES SHALL BE AUTHORIZED TO BE
 ISSUED.
   4. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AND NOTES  ISSUED  FOR  THE
 PURPOSES  ENUMERATED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT EXCEED
 SEVENTY-FIVE MILLION DOLLARS, EXCLUDING:
   (A) BONDS AND NOTES ISSUED TO FUND COSTS OF ISSUANCE AND  ANY  REASON-
 ABLY REQUIRED DEBT SERVICE RESERVE FUND FOR SUCH BONDS OR NOTES;
   (B)  AN AMOUNT EQUAL TO ANY ORIGINAL ISSUE DISCOUNT FROM THE PRINCIPAL
 AMOUNT OF ANY BONDS OR NOTES ISSUED; AND
   (C) BONDS AND NOTES ISSUED TO REFUND OR OTHERWISE REPAY BONDS OR NOTES
 THERETOFORE ISSUED FOR SUCH PURPOSES, PROVIDED, HOWEVER, THAT  UPON  ANY
 SUCH  REFUNDING  OR REPAYMENT OF THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF
 OUTSTANDING BONDS AND NOTES, INCLUDING FOR PURPOSE OF  SUCH  CALCULATION
 THE  PRINCIPAL  AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO BE ISSUED
 AND EXCLUDING THE PRINCIPAL AMOUNT OF  THE  BONDS  OR  NOTES  SO  TO  BE
 REFUNDED  OR  REPAID AND ANY AMOUNTS EXCLUDED UNDER PARAGRAPH (A) OR (B)
 OF THIS SUBDIVISION, MAY BE GREATER THAN SEVENTY-FIVE  MILLION  DOLLARS,
 ONLY IF THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING
 OR  REPAYMENT  BONDS  OR NOTES TO BE ISSUED SHALL NOT EXCEED THE PRESENT
 VALUE OF THE AGGREGATE DEBT SERVICE OF THE  BONDS  OR  NOTES  SO  TO  BE
 S. 2830                            92
 
 REFUNDED  OR  REPAID.  FOR  PURPOSES  OF  THIS SUBPARAGRAPH, THE PRESENT
 VALUES OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS
 OR NOTES AND OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES  SO  TO
 BE  REFUNDED  OR  REPAID, SHALL BE CALCULATED BY UTILIZING THE EFFECTIVE
 INTEREST RATE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES, WHICH  SHALL
 BE  THAT  RATE  ARRIVED  AT  BY  DOUBLING THE SEMI-ANNUAL INTEREST RATE,
 COMPOUNDED  SEMI-ANNUALLY,  NECESSARY  TO  DISCOUNT  THE  DEBT   SERVICE
 PAYMENTS  ON  THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE PAYMENT
 DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR  REPAYMENT  BONDS
 OR  NOTES  AND  TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST OR
 PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED  INTEREST
 FROM THE SALE THEREOF.
   5.  THE  TERM  "EXCESS  LOSS  FUND"  AS USED IN THIS SECTION SHALL NOT
 INCLUDE ANY TRUST,  POOLING  ARRANGEMENTS  OR  OTHER  ENTITY  (A)  WHICH
 PROVIDES  OR  OFFERS  TO  PROVIDE REIMBURSEMENT OR FUNDING FOR LOSSES OR
 LIABILITIES TO ANY ENTITY OTHER THAN THE AUTHORITY AND ITS SUBSIDIARIES,
 THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES AND  TRIBOROUGH
 BRIDGE  AND  TUNNEL AUTHORITY, OR (B) IN WHICH ANY ENTITY OTHER THAN THE
 AUTHORITY AND ITS SUBSIDIARIES, THE NEW YORK CITY TRANSIT AUTHORITY  AND
 ITS  SUBSIDIARIES  AND  TRIBOROUGH  BRIDGE AND TUNNEL AUTHORITY HOLDS AN
 EQUITY INTEREST.
   § 1349-L. AUTHORITY POLICE FORCE. 1. THE AUTHORITY IS  HEREBY  AUTHOR-
 IZED  AND EMPOWERED, TO PROVIDE AND MAINTAIN AN AUTHORITY POLICE DEPART-
 MENT AND A  UNIFORMED  AUTHORITY  POLICE  FORCE.  EACH  MEMBER  OF  SUCH
 UNIFORMED  POLICE  FORCE SHALL BE A "POLICE OFFICER" FOR THE PURPOSES OF
 THE CRIMINAL PROCEDURE LAW, WITH ALL OF THE POWERS OF SUCH POLICE  OFFI-
 CERS THEREUNDER AND SUBJECT TO THE SAME JURISDICTIONAL PROVISIONS ON THE
 EXERCISE  OF  THAT POWER AS SET FORTH IN SUCH LAW. THE GEOGRAPHICAL AREA
 OF EMPLOYMENT OF SUCH POLICE OFFICERS FOR THE PURPOSES OF  THE  CRIMINAL
 PROCEDURE  LAW  SHALL  EMBRACE THE CITY OF NEW YORK. SUCH DEPARTMENT AND
 FORCE SHALL HAVE THE POWER, IN AND ABOUT ANY OR ALL  OF  THE  FACILITIES
 OWNED,  OCCUPIED  AND/OR  OPERATED  BY  THE AUTHORITY AND ITS SUBSIDIARY
 CORPORATIONS, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS  SUBSIDIARIES,
 AND  THE  TRIBOROUGH  BRIDGE  AND TUNNEL AUTHORITY, AS DETERMINED IN THE
 DISCRETION OF THE AUTHORITY, TO ENFORCE AND  PREVENT  VIOLATION  OF  ALL
 LAWS  AND  ORDINANCES.  NOTHING  IN  THIS  SECTION SHALL CONFER UPON THE
 AUTHORITY POLICE FORCE OR UPON THEIR COLLECTIVE  NEGOTIATIONS  REPRESEN-
 TATIVES  EXCLUSIVE  JURISDICTION  OR  CLAIM  OVER THE EXERCISE OF POLICE
 POWER OR SECURITY WORK ON BEHALF OF THE  AUTHORITY  AND  ITS  SUBSIDIARY
 CORPORATIONS,  THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES,
 AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. NOTHING IN THIS  SECTION
 SHALL  LIMIT THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE NEW YORK
 CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, AND THE  TRIBOROUGH  BRIDGE
 AND  TUNNEL AUTHORITY FROM CONTINUING TO RELY ON LOCAL POLICE FOR POLICE
 SERVICES.
   2. INITIAL APPOINTMENTS TO SUCH AUTHORITY POLICE FORCE SHALL FROM  THE
 INCUMBENT  POLICE  OFFICERS OF THE METROPOLITAN TRANSPORTATION AUTHORITY
 AT THE TIME OF SUCH APPOINTMENT. THE EXECUTIVE DIRECTOR OF THE  AUTHORI-
 TY,  THROUGH  THE CHIEF OF POLICE, SHALL HAVE THE POWER AND AUTHORITY TO
 APPOINT AND EMPLOY SUCH NUMBER OF POLICE OFFICERS AS  HE  OR  SHE  DEEMS
 NECESSARY  TO  ACT AS POLICE OFFICERS OF THE AUTHORITY AND TO ADMINISTER
 TO THE OFFICERS AN OATH OR AFFIRMATION FAITHFULLY TO PERFORM THE  DUTIES
 OF  THEIR  RESPECTIVE  POSITIONS  OR  OFFICES.  UNLESS,  AT  THE TIME OF
 APPOINTMENT, THE PERSON IS A POLICE OFFICER OF THE  METROPOLITAN  TRANS-
 PORTATION  AUTHORITY,  ONLY  PERSONS  WHO HAVE NEVER BEEN CONVICTED OF A
 FELONY AND ARE CITIZENS OF THE UNITED STATES SHALL BE  APPOINTED  POLICE
 S. 2830                            93
 
 OFFICERS  ON  THE AUTHORITY POLICE FORCE. AFTER THE INITIAL APPOINTMENTS
 ARE MADE, SELECTION OF POLICE OFFICER CANDIDATES SHALL BE MADE  PURSUANT
 TO  AN  EXAMINATION  PROCESS  TO  BE DETERMINED AT THE DISCRETION OF THE
 AUTHORITY  AND CANDIDATES MUST RECEIVE A CERTIFICATE ATTESTING TO SATIS-
 FACTORY COMPLETION  OF  AN  APPROVED  MUNICIPAL  POLICE  BASIC  TRAINING
 PROGRAM,  AS  DESCRIBED  IN  SECTION  TWO  HUNDRED NINE-Q OF THE GENERAL
 MUNICIPAL LAW. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT  UNLESS  SUCH
 PERSON  IS  NOT LESS THAN TWENTY YEARS OF AGE AS OF THE DATE OF APPOINT-
 MENT NOR MORE THAN THIRTY-FIVE YEARS OF AGE AS  OF  THE  DATE  WHEN  THE
 APPLICANT  TAKES  THE  WRITTEN EXAMINATION, PROVIDED, HOWEVER, THAT TIME
 SPENT ON MILITARY DUTY OR ON TERMINAL LEAVE, NOT EXCEEDING  A  TOTAL  OF
 SIX  YEARS,  SHALL  BE  SUBTRACTED FROM THE AGE OF ANY APPLICANT WHO HAS
 PASSED HIS OR HER THIRTY-FIFTH BIRTHDAY AS PROVIDED IN SUBDIVISION TEN-A
 OF SECTION TWO HUNDRED FORTY-THREE OF THE MILITARY  LAW.  UPON  APPOINT-
 MENTS  MADE  BY TRANSFERRING AN ENTIRE GROUP OF POLICE OFFICERS INTO THE
 AUTHORITY POLICE FORCE, THEREBY ELIMINATING SUCH OTHER GROUP  OF  POLICE
 OFFICERS,  THE  AUTHORITY  SHALL RECOGNIZE ANY REPRESENTATIVE PREVIOUSLY
 CHOSEN BY THE POLICE OFFICERS FOR THE  PURPOSES  OF  COLLECTIVE  NEGOTI-
 ATIONS  CONSISTENT  WITH  THE  BARGAINING  UNITS ALREADY ESTABLISHED AND
 SHALL ALSO ASSUME AND CONTINUE TO OBSERVE ANY EXISTING  LABOR  CONTRACTS
 COVERING THESE POLICE OFFICERS INCLUDING SUCH PROVISIONS WHICH RELATE TO
 THE  GRIEVANCE  AND  DISCIPLINARY  PROCEDURES  AND INTEREST ARBITRATION.
 SUBSEQUENT TO THE ESTABLISHMENT OF THE  CONSOLIDATED  POLICE  FORCE  THE
 AUTHORITY AND THE COLLECTIVE BARGAINING REPRESENTATIVES SHALL BE AUTHOR-
 IZED TO NEGOTIATE A MERGER OF THE SEPARATE BARGAINING UNITS.
   3.  THE AUTHORITY MAY APPOINT A CHIEF AND ONE OR MORE DEPUTY CHIEFS OF
 THE AUTHORITY POLICE DEPARTMENT WHO, IN THE DISCRETION OF THE AUTHORITY,
 MAY BE SELECTED FROM THE RANKS OF THE AUTHORITY POLICE FORCE, AND ASSIGN
 POWERS AND DUTIES TO THEM AND FIX THEIR COMPENSATION. THE CHIEF SHALL BE
 THE HEAD OF SUCH DEPARTMENT. THE DEPUTY CHIEF DESIGNATED  BY  THE  CHIEF
 SHALL  POSSESS  ALL  THE  POWERS AND PERFORM ALL THE DUTIES OF THE CHIEF
 DURING HIS OR SHE ABSENCE OR  DISABILITY.  THE  AUTHORITY  POLICE  FORCE
 SHALL CONSIST OF SUCH DIVISIONS, SUPERVISORS AND OFFICERS, INCLUDING BUT
 NOT  LIMITED  TO POLICE OFFICERS, DETECTIVES, SERGEANTS, LIEUTENANTS AND
 CAPTAINS AS DESIGNATED BY THE  AUTHORITY.  NOTWITHSTANDING  ANY  LAW  OR
 PROVISION TO THE CONTRARY, THE MEMBERS OF THE UNIFORMED AUTHORITY POLICE
 FORCE  SHALL  NOT  ACQUIRE CIVIL SERVICE STATUS OR BECOME MEMBERS OF THE
 NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, EXCEPT AS SET  IN
 THIS SECTION.
   4.  THE  AUTHORITY  MAY,  IN ITS SOLE DISCRETION, ESTABLISH WITHIN THE
 AUTHORITY'S DEFINED BENEFIT PROGRAM,  A  RETIREMENT  PROGRAM  CONSISTENT
 WITH THE FOREGOING. IF THE AUTHORITY HAS NOT SO ESTABLISHED SUCH PROGRAM
 IN  ITS  DEFINED  BENEFIT  PROGRAM  WITHIN ONE HUNDRED EIGHTY DAYS AFTER
 ENACTMENT, THEN THE AUTHORITY SHALL  ELECT  TO  PARTICIPATE  IN  ARTICLE
 FOURTEEN-B OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   5. IF THE AUTHORITY ELECTS TO PARTICIPATE IN THE NEW YORK CITY EMPLOY-
 EES'  RETIREMENT  SYSTEM,  SUCH ELECTION TO PARTICIPATE SHALL BE MADE BY
 RESOLUTION FILED WITH THE COMPTROLLER AND ACCEPTED BY HIM OR HER  PURSU-
 ANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   6.  NOTHING  CONTAINED  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH,
 SUSPEND OR ABOLISH AN EXISTING  BENEFIT  INURED  TO  A  POLICE  OFFICER,
 TRANSFERRED  FROM THE METROPOLITAN TRANSPORTATION AUTHORITY POLICE FORCE
 AND SUBJECT TO THE PROVISIONS OF THIS SECTION  IN  AND  TO  THE  RIGHTS,
 PRIVILEGES  OR  STATUS  PREVIOUSLY EARNED WITHIN A PENSION OR RETIREMENT
 SYSTEM OF WHICH THEY WERE A MEMBER IMMEDIATELY PRIOR TO THE ENACTMENT OF
 THIS SECTION; AND ANY SUCH EXISTING RIGHT,  PRIVILEGE  OR  STATUS  SHALL
 S. 2830                            94
 
 SURVIVE  THE  EFFECT OF ANY DECISIONS OR DETERMINATIONS LAWFULLY MADE IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SO LONG  AS  SUCH  RIGHT,
 PRIVILEGE OR STATUS IS GREATER IN BENEFIT TO THAT WHICH WOULD BE IMPOSED
 OR IMPUTED TO ANY SUBJECT OFFICER AS A RESULT OF ACTIONS OF THE AUTHORI-
 TY AUTHORIZED BY THIS SECTION.
   §  1349-M.  THE PERMANENT CITIZENS ADVISORY COMMITTEE. THERE IS HEREBY
 ESTABLISHED A PERMANENT CITIZENS ADVISORY COMMITTEE.  THE MEMBERS OF THE
 COMMITTEE SHALL CONSIST OF THE NEW YORK CITY TRANSIT AUTHORITY  ADVISORY
 COUNCIL, AS DEFINED IN SECTION TWELVE HUNDRED FOUR-E OF THIS ARTICLE.
   §  1349-N.  BIG APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS.  1. A BIG
 APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS SHALL BE CREATED AND ADOPTED
 BY THE BIG APPLE TRANSIT AUTHORITY. A COPY OF SUCH PLEDGE SHALL BE POST-
 ED ON THE WEBSITE OF THE AUTHORITY AND SHALL BE POSTED IN STATIONS WHERE
 THE AUTHORITY MAKES REGULAR  POSTINGS.  THE  AUTHORITY  SHALL  POST  THE
 PLEDGE IN THE LANGUAGE OR LANGUAGES IT DEEMS NECESSARY AND APPROPRIATE.
   2. THE BIG APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS SHALL BE IN THE
 FORM  AND  MANNER  AS  PRESCRIBED  BY THE AUTHORITY, INCLUDE THE CONTACT
 INFORMATION OF THE AUTHORITY, AND INCLUDE, BUT NOT BE  LIMITED  TO,  THE
 FOLLOWING:
   (A)  A  DESCRIPTION  OF THE AUTHORITY'S COMMITMENT TO PROVIDE SAFE AND
 RELIABLE SERVICES;
   (B) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO PROVIDE TIMELY  AND
 ACCURATE INFORMATION ON ITS SERVICES;
   (C)  A  COMMITMENT  THAT EMPLOYEES WILL PROVIDE SERVICE IN A COURTEOUS
 MANNER;
   (D) A DESCRIPTION OF THE  AUTHORITY'S  COMMITMENT  TO  MAINTAIN  CLEAN
 STATIONS, FACILITIES, SUBWAYS AND BUSES;
   (E) A DESCRIPTION OF THE AUTHORITY'S POLICIES WHEN IT COMES TO ARRANG-
 ING ALTERNATIVE TRANSPORTATION WHEN SERVICE IS INTERRUPTED;
   (F)  WHEN  SERVICE  IS  INTERRUPTED,  A DESCRIPTION OF THE AUTHORITY'S
 POLICIES WHEN IT COMES TO  CONSIDERING  THE  COMFORT  OF  INCONVENIENCED
 CUSTOMERS;
   (G)   WHEN  SERVICE  IS  INTERRUPTED  DUE  TO  WEATHER  CONDITIONS,  A
 DESCRIPTION OF THE AUTHORITY'S POLICIES ON NOTIFYING CUSTOMERS; AND
   (H) WHEN SERVICE IS SEVERELY INTERRUPTED, A DESCRIPTION OF THE AUTHOR-
 ITY'S POLICIES ON SERVICE RESTORATION.
   3. THE AUTHORITY FROM TIME TO TIME MAY UPDATE AND AMEND THE BIG  APPLE
 TRANSIT  AUTHORITY  PLEDGE TO CUSTOMERS AS IT DEEMS NECESSARY AND PROPER
 AND MAY ADOPT RULES AND REGULATIONS FOR  THE  PROPER  ADMINISTRATION  OF
 THIS SECTION.
   §  1349-O.  EXPIRED  FARE  TRANSFER  POLICY. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, THE  AUTHORITY  SHALL,  WITHIN  NINETY
 DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ESTABLISH AN EXPIRED FARE
 TRANSFER POLICY THAT MAY BE AMENDED FROM TIME TO TIME. SUCH POLICY SHALL
 PROVIDE ANY PERSON WHO PURCHASES A FARE  THE  ABILITY  TO  TRANSFER  ANY
 REMAINING BALANCE FOR TWO YEARS AFTER SUCH FARE IS DEEMED EXPIRED.
   §  1349-P.  ACQUISITION AND DISPOSITION OF REAL PROPERTY. 1.  IN ADDI-
 TION TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-H  OF
 THIS  TITLE  TO  ACQUIRE  TRANSPORTATION  FACILITIES, EQUIPMENT AND REAL
 PROPERTY, THE AUTHORITY MAY ACQUIRE, BY  CONDEMNATION  PURSUANT  TO  THE
 EMINENT  DOMAIN  PROCEDURE LAW, ANY REAL PROPERTY WITHIN THE CITY OF NEW
 YORK IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE  TO  EFFECTUATE  THE
 PURPOSES  OF  THIS  TITLE,  PROVIDED HOWEVER, THAT ANY SUCH CONDEMNATION
 PROCEEDINGS SHALL BE BROUGHT ONLY IN THE SUPREME COURT AND  THE  COMPEN-
 SATION TO BE PAID SHALL BE ASCERTAINED AND DETERMINED BY THE COURT WITH-
 OUT  A JURY. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, NO REAL
 S. 2830                            95

 PROPERTY MAY BE ACQUIRED BY THE AUTHORITY BY CONDEMNATION  FOR  PURPOSES
 OTHER  THAN  A  TRANSPORTATION FACILITY UNLESS THE GOVERNING BODY OF THE
 CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED SHALL FIRST
 CONSENT TO SUCH CONDEMNATION.
   2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
 AUTHORITY  FROM  BRINGING  ANY PROCEEDINGS TO REMOVE A CLOUD ON TITLE OR
 SUCH OTHER PROCEEDINGS AS IT MAY, IN ITS  DISCRETION,  DEEM  PROPER  AND
 NECESSARY  OR  FROM  ACQUIRING  ANY  SUCH  PROPERTY  BY  NEGOTIATION  OR
 PURCHASE.
   3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS  TO  CONDEMN
 ANY  REAL  PROPERTY  FOR  ANY  OF  THE PURPOSES OF THIS TITLE REMAINS IN
 POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING  OF  TITLE  IN
 THE  CONDEMNOR,  THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
 SUCH PROPERTY SUBSEQUENT TO SUCH TIME AS FIXED BY AGREEMENT  OR  BY  THE
 COURT  IN  SUCH  PROCEEDINGS  OR  BY ANY COURT OF COMPETENT JURISDICTION
 SHALL BE A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS  OF  RECORD
 AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
   4. SUBJECT TO THE PROVISIONS OF SECTIONS THIRTEEN HUNDRED FORTY-NINE-H
 AND  THIRTEEN  HUNDRED FORTY-NINE-J OF THIS TITLE, TITLE TO ALL PROPERTY
 ACQUIRED UNDER THIS TITLE SHALL VEST IN THE  AUTHORITY  OR  ONE  OF  ITS
 SUBSIDIARY  CORPORATIONS,  OR  IN THE NEW YORK CITY TRANSIT AUTHORITY OR
 ONE OF ITS SUBSIDIARY CORPORATIONS AS THE AUTHORITY DIRECTS.
   5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE  INTER-
 EST  OF  THE  AUTHORITY,  DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
 THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT  OR
 DESIRABLE FOR ITS PURPOSES.
   6.  THE  AUTHORITY  MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
 INTEREST OF THE AUTHORITY, RENT, LEASE,  OR  GRANT  EASEMENTS  OR  OTHER
 RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
   §  1349-Q.  ACQUISITION AND DISPOSITION OF REAL PROPERTY BY DEPARTMENT
 OF TRANSPORTATION. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR  THE
 PAYMENT  OF THE COST AND EXPENSE OF THE ACQUISITION THEREOF, THE COMMIS-
 SIONER OF TRANSPORTATION OF THE STATE OF NEW YORK, WHEN REQUESTED BY THE
 AUTHORITY, MAY ACQUIRE SUCH REAL PROPERTY IN THE NAME OF  THE  STATE  AS
 MAY BE DETERMINED FROM TIME TO TIME BY THE AUTHORITY AS BEING NECESSARY,
 CONVENIENT  OR  DESIRABLE  TO EFFECTUATE THE PURPOSES OF THIS TITLE, MAY
 REMOVE  THE  OWNER  OR  OCCUPANT  THEREOF  WHERE  NECESSARY  AND  OBTAIN
 POSSESSION AND, WHEN REQUESTED BY THE AUTHORITY, MAY DISPOSE OF ANY REAL
 PROPERTY SO ACQUIRED, ALL ACCORDING TO THE PROCEDURE PROVIDED IN SECTION
 THIRTY OF THE HIGHWAY LAW. THE AUTHORITY SHALL HAVE THE RIGHT TO POSSESS
 AND  USE  FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY SO ACQUIRED.
 CLAIMS FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR LEGAL  DAMAGES
 CAUSED  BY  ANY  SUCH  APPROPRIATION SHALL BE ADJUSTED AND DETERMINED BY
 SUCH COMMISSIONER WITH THE APPROVAL OF THE AUTHORITY OR BY THE COURT  OF
 CLAIMS  AS  PROVIDED  IN SECTION THIRTY OF THE HIGHWAY LAW. WHEN A CLAIM
 HAS BEEN FILED WITH THE COURT OF CLAIMS, THE CLAIMANT SHALL CAUSE A COPY
 OF SUCH CLAIM TO BE SERVED UPON THE AUTHORITY AND  THE  AUTHORITY  SHALL
 HAVE THE RIGHT TO BE REPRESENTED AND HEARD BEFORE SUCH COURT. ALL AWARDS
 AND  JUDGMENTS  ARISING  FROM SUCH CLAIMS SHALL BE PAID OUT OF MONEYS OF
 THE AUTHORITY.  NO  REAL  PROPERTY  MAY  BE  ACQUIRED  PURSUANT  TO  THE
 PROVISIONS  OF  THIS  SECTION  FOR  PURPOSES OTHER THAN A TRANSPORTATION
 FACILITY UNLESS THE GOVERNING BODY OF THE CITY, VILLAGE OR TOWN IN WHICH
 SUCH REAL PROPERTY IS LOCATED SHALL FIRST CONSENT TO SUCH ACQUISITION.
   § 1349-R. TRANSIT FACILITIES FOR TRANSIT CONSTRUCTION  FUND.    1.  AS
 USED  IN  THIS  SECTION, UNLESS A DIFFERENT MEANING CLEARLY APPEARS FROM
 THE CONTEXT:
 S. 2830                            96
 
   (A) "CITY" SHALL MEAN THE CITY OF NEW YORK.
   (B)  "TRANSIT  CONSTRUCTION  FUND ACT" SHALL MEAN TITLE NINE-A OF THIS
 ARTICLE.
   (C) "TRANSIT CONSTRUCTION FUND" SHALL MEAN THE CORPORATION CREATED  BY
 SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS ARTICLE.
   (D)  "TRANSIT  FACILITY"  SHALL MEAN SUCH TERM AS DEFINED FROM TIME TO
 TIME IN SECTION TWELVE HUNDRED TWENTY-FIVE-B OF THIS ARTICLE.
   2. IN ADDITION TO THE POWERS PROVIDED ELSEWHERE IN THIS TITLE, AND  TO
 EFFECTUATE  THE  PURPOSES  OF  THE  TRANSIT  CONSTRUCTION  FUND ACT, THE
 AUTHORITY MAY:
   (A) PLAN, DESIGN, CONSTRUCT, ACQUIRE, EXTEND,  RECONSTRUCT,  REHABILI-
 TATE,  MODERNIZE  AND OTHERWISE IMPROVE TRANSIT FACILITIES IN ACCORDANCE
 WITH THE TERMS AND CONDITIONS OF ANY LEASE OR OTHER AGREEMENT  WITH  THE
 TRANSIT CONSTRUCTION FUND;
   (B)  OCCUPY  THE  STREETS  OF  THE  CITY  OF NEW YORK IN THE COURSE OF
 CONSTRUCTING AND THEREAFTER OWNING A TRANSIT FACILITY WHICH CONSISTS  OF
 A  RAPID TRANSIT RAILROAD OR PORTION THEREOF, PROVIDED SUCH CONSTRUCTION
 IS CARRIED OUT IN ACCORDANCE WITH THE TERMS OF A LEASE OR  OTHER  AGREE-
 MENT  WITH  THE  TRANSIT  CONSTRUCTION FUND ENTERED INTO PURSUANT TO THE
 PROVISIONS OF THE TRANSIT CONSTRUCTION FUND ACT;
   (C) MAKE AND EXECUTE  CONTRACTS,  LEASES,  SUBLEASES,  AND  ALL  OTHER
 INSTRUMENTS OR AGREEMENTS DEEMED NECESSARY OR CONVENIENT;
   (D) AUTHORIZE THE USE BY THE TRANSIT CONSTRUCTION FUND, EITHER WITH OR
 WITHOUT  COMPENSATION  TO THE AUTHORITY OR ANY SUBSIDIARY OF THE AGENTS,
 EMPLOYEES AND FACILITIES OF THE AUTHORITY OR ANY SUBSIDIARY;
   (E) UNDERTAKE PLANNING, DESIGN AND FEASIBILITY STUDIES  IN  ACCORDANCE
 WITH  THE  TERMS  AND  CONDITIONS  OF  ANY  AGREEMENT  WITH  THE TRANSIT
 CONSTRUCTION FUND OR THE CITY; AND
   (F) DO ANY AND ALL OTHER THINGS DEEMED NECESSARY OR CONVENIENT.
   3. ALL OF THE PROVISIONS OF  THIS  TITLE  NOT  INCONSISTENT  WITH  THE
 PROVISIONS OF THIS SECTION SHALL BE APPLICABLE WITH RESPECT TO ANY BONDS
 OR NOTES OF THE AUTHORITY ISSUED TO FINANCE ANY PURPOSE AUTHORIZED UNDER
 THIS  SECTION  OR  THE  TRANSIT  CONSTRUCTION  FUND  ACT, SUBJECT TO THE
 FOLLOWING CONDITIONS AND EXCEPTIONS:
   (A) PAYMENT OF THE PRINCIPAL, REDEMPTION PREMIUM, IF ANY, AND INTEREST
 ON SUCH BONDS AND NOTES SHALL BE MADE ONLY FROM MONIES  PAYABLE  TO  THE
 AUTHORITY  FROM  THE  TRANSIT  CONSTRUCTION  FUND UNDER A LEASE OR OTHER
 AGREEMENT ENTERED  INTO  PURSUANT  TO  THE  PROVISIONS  OF  THE  TRANSIT
 CONSTRUCTION  FUND  ACT, AND ANY SECURITY GIVEN BY THE AUTHORITY FOR THE
 PAYMENT OF SUCH PRINCIPAL, REDEMPTION PREMIUM OR INTEREST ON SUCH  BONDS
 AND  NOTES  SHALL  BE  LIMITED TO THE MONIES SO PAYABLE FROM THE TRANSIT
 CONSTRUCTION FUND. THE AUTHORITY SHALL NOT GRANT ANY  SECURITY  INTEREST
 IN  OR  OTHERWISE  ENCUMBER  ANY  TRANSIT FACILITY LEASED TO THE TRANSIT
 CONSTRUCTION FUND.
   (B) THE PROVISIONS OF SECTION THIRTEEN HUNDRED FORTY-NINE-AA  OF  THIS
 TITLE,  RELATING TO THE CREATION AND ESTABLISHMENT OF AND APPROPRIATIONS
 AND PAYMENTS TO CERTAIN DEBT SERVICE RESERVE FUNDS SHALL  BE  INAPPLICA-
 BLE;  PROVIDED  THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT
 THE CREATION AND ESTABLISHMENT OF ONE OR MORE  RESERVE  FUNDS  FOR  DEBT
 SERVICE  AS  AUTHORIZED BY SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS
 TITLE;
   (C) IN ADDITION TO THE  STATEMENT  REQUIRED  BY  SUBDIVISION  NINE  OF
 SECTION  THIRTEEN  HUNDRED  FORTY-NINE-U  OF  THIS TITLE, SUCH BONDS AND
 NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO THE  EFFECT  THAT
 THE  CITY  SHALL  NOT BE LIABLE THEREON AND THAT THE SAME SHALL NOT BE A
 DEBT OF THE CITY.
 S. 2830                            97
 
   4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW TO THE
 CONTRARY, OR OF ANY AGREEMENT ENTERED INTO IN PURSUANCE THEREOF RELATING
 TO THE REPAYMENT OF ANY LOAN OR ADVANCE MADE BY THE STATE TO THE AUTHOR-
 ITY, THE AUTHORITY SHALL NOT BE REQUIRED  TO  REPAY  ANY  SUCH  LOAN  OR
 ADVANCE  FROM OR BY REASON OF THE ISSUANCE: (A) OF BONDS OR NOTES OF THE
 AUTHORITY ISSUED TO FINANCE ANY PURPOSE AUTHORIZED UNDER THIS SECTION OR
 THE TRANSIT CONSTRUCTION FUND ACT, OR THE PROCEEDS  REALIZED  UPON  SUCH
 ISSUANCE;  OR (B) FROM ANY OTHER FUNDS OF THE AUTHORITY DERIVED FROM THE
 TRANSIT CONSTRUCTION FUND OR FROM ANY OTHER SOURCE WHATEVER TO  EFFECTU-
 ATE THE PURPOSES OF THE TRANSIT CONSTRUCTION FUND ACT.
   §  1349-S. CO-OPERATION AND ASSISTANCE OF OTHER AGENCIES. 1.  TO AVOID
 DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHORITY MAY
 MAKE USE OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND  OTHER  MATERIALS
 IN  THE  POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL
 SUBDIVISION OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR  SUBDIVISION
 IS  HEREBY  AUTHORIZED  TO  MAKE THE SAME AVAILABLE TO THE AUTHORITY AND
 OTHERWISE TO ASSIST IT IN THE  PERFORMANCE  OF  ITS  FUNCTIONS.  AT  THE
 REQUEST  OF THE AUTHORITY, EACH SUCH AGENCY, MUNICIPALITY OR SUBDIVISION
 WHICH IS ENGAGED IN HIGHWAY OR OTHER  TRANSPORTATION  ACTIVITIES  OR  IN
 LAND  USE  OR DEVELOPMENT PLANNING, OR WHICH IS CHARGED WITH THE DUTY OF
 PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY OR ANY OTHER  PUBLIC
 FACILITY,  IS  FURTHER AUTHORIZED TO PROVIDE THE AUTHORITY WITH INFORMA-
 TION REGARDING ITS  PLANS  AND  PROGRAMS  AFFECTING  THE  TRANSPORTATION
 DISTRICT SO THAT THE AUTHORITY MAY HAVE AVAILABLE TO IT CURRENT INFORMA-
 TION WITH RESPECT THERETO.  THE OFFICERS AND PERSONNEL OF SUCH AGENCIES,
 MUNICIPALITIES  OR  SUBDIVISIONS,  AND OF ANY OTHER GOVERNMENT OR AGENCY
 WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY UPON  SUCH  ADVISORY
 COMMITTEES  AS THE AUTHORITY SHALL DETERMINE TO CREATE AND SUCH OFFICERS
 AND PERSONNEL MAY SERVE  UPON  SUCH  COMMITTEES  WITHOUT  FORFEITURE  OF
 OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE COMPENSATION,
 STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
   2.  THE  AUTHORITY  SHALL, AT THE REQUEST OF ANY STATE AGENCY, MUNICI-
 PALITY OR POLITICAL SUBDIVISION OF THE  STATE,  ENGAGED  IN  HIGHWAY  OR
 OTHER  TRANSPORTATION ACTIVITIES OR IN LAND USE OR DEVELOPMENT PLANNING,
 PROVIDE SAID STATE AGENCY, MUNICIPALITY OR  POLITICAL  SUBDIVISION  WITH
 ALL CURRENT AND RELEVANT INFORMATION REGARDING ITS PLANS OR PROGRAMS, SO
 AS TO ENABLE SAID AGENCY, MUNICIPALITY OR SUBDIVISION TO PROPERLY EFFEC-
 TUATE SAID ACTIVITIES OR PLANNING.
   3.  TO  THE  EXTENT  THAT  THE  PROVISIONS OF THIS TITLE AUTHORIZE THE
 AUTHORITY TO ENTER INTO ANY AGREEMENT OR ARRANGEMENT WITH, OR  UNDERTAKE
 ANY  OTHER  ACTIVITY  REQUIRING  THE PARTICIPATION OF, THE NEW YORK CITY
 TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS  IN  FURTHERANCE
 OF  THEIR  RESPECTIVE  PURPOSES  AND POWERS OR THE TRIBOROUGH BRIDGE AND
 TUNNEL AUTHORITY IN FURTHERANCE OF ITS PURPOSES AND POWERS,  SUCH  ENTI-
 TIES  ARE HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO AND PERFORM SUCH
 CONTRACT OR OTHER ARRANGEMENT AND TO UNDERTAKE SUCH ACTIVITIES.
   § 1349-T. PROMOTION OF QUALIFIED TRANSPORTATION FRINGES.  THE AUTHORI-
 TY SHALL PROMOTE THE BROAD  USE  OF  QUALIFIED  TRANSPORTATION  FRINGES,
 UNDER  SECTION  ONE  HUNDRED  THIRTY-TWO OF THE FEDERAL INTERNAL REVENUE
 CODE, IN ORDER TO INCREASE THE NUMBER  OF  PARTICIPATING  COMPANIES  AND
 EMPLOYEES  IN  SUCH PROGRAMS. THE AUTHORITY MAY ALSO STUDY AND REPORT ON
 WAYS IN WHICH PROGRAMS MAY BE IMPROVED SO AS TO INCREASE PUBLIC  PARTIC-
 IPATION.
   §  1349-U. NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY. 1. (A)
 THE AUTHORITY SHALL HAVE POWER AND IS HEREBY  AUTHORIZED  FROM  TIME  TO
 TIME  TO  ISSUE ITS BONDS, NOTES AND OTHER OBLIGATIONS IN SUCH PRINCIPAL
 S. 2830                            98
 
 AMOUNT AS, IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY,  CONVEN-
 IENT  OR DESIRABLE TO EFFECTUATE ANY OF ITS POWERS AND PURPOSES, INCLUD-
 ING TO PROVIDE SUFFICIENT FUNDS FOR ACHIEVING  ITS  PURPOSES,  INCLUDING
 THE  ACQUISITION,  ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION,
 MAINTENANCE,  RENOVATION,  IMPROVEMENT,  EXTENSION,  REHABILITATION   OR
 REPAIR OF ANY TRANSPORTATION FACILITY, THE PAYMENT OF PRINCIPAL, REDEMP-
 TION  PREMIUM  AND INTEREST ON BONDS, NOTES AND OTHER OBLIGATIONS OF THE
 AUTHORITY, ESTABLISHMENT OF RESERVES TO SECURE  SUCH  BONDS,  NOTES  AND
 OTHER  OBLIGATIONS,  THE  PROVISION  OF  WORKING  CAPITAL  AND ALL OTHER
 EXPENDITURES OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS,  AND  NEW
 YORK  CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPORATIONS INCIDENT TO
 AND NECESSARY OR CONVENIENT TO CARRY OUT THEIR PURPOSES AND POWERS. SUCH
 BONDS, NOTES OR OTHER OBLIGATIONS MAY BE ISSUED FOR AN INDIVIDUAL TRANS-
 PORTATION FACILITY OR ISSUED ON A CONSOLIDATED BASIS FOR SUCH GROUPS  OR
 CLASSES  OF  FACILITIES  AND PROJECTS AS THE AUTHORITY IN ITS DISCRETION
 DEEMS APPROPRIATE AND BE PAYABLE FROM AND SECURED  SEPARATELY  OR  ON  A
 CONSOLIDATED  BASIS  BY,  AMONG OTHER THINGS, ALL OR ANY PORTION OF SUCH
 REVENUES AND OTHER MONIES AND ASSETS OF THE AUTHORITY AND ITS SUBSIDIARY
 CORPORATIONS, AND NEW YORK CITY TRANSIT  AUTHORITY  AND  ITS  SUBSIDIARY
 CORPORATIONS   AS  THE  AUTHORITY  DETERMINES  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SECTION THIRTEEN HUNDRED FORTY-NINE-DD OF THIS TITLE;
   (B) THE AUTHORITY SHALL HAVE  POWER,  FROM  TIME  TO  TIME,  TO  ISSUE
 RENEWAL  NOTES,  TO  ISSUE  BONDS  TO  REFUND,  REDEEM OR OTHERWISE PAY,
 INCLUDING BY PURCHASE OR TENDER, NOTES OF THE AUTHORITY AND ITS  SUBSID-
 IARY  CORPORATIONS,  THE  METROPOLITAN TRANSPORTATION AUTHORITY, AND THE
 NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSIDIARY  CORPORATIONS  AND
 WHENEVER IT DEEMS REFUNDING, REDEMPTION OR PAYMENT EXPEDIENT, TO REFUND,
 REDEEM  OR  OTHERWISE PAY, INCLUDING BY PURCHASE OR TENDER, ANY BONDS OF
 THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE  METROPOLITAN  TRANS-
 PORTATION AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID-
 IARY  CORPORATIONS AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY BY THE
 ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO  BE  REFUNDED,  REDEEMED  OR
 OTHERWISE  PAID  HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS PARTLY FOR
 SUCH PURPOSE AND PARTLY FOR ANY OTHER PURPOSE AND TO  OTHERWISE  REFUND,
 REDEEM,  ACQUIRE  BY  PURCHASE  OR TENDER, OR IN ANY OTHER WAY REPAY ANY
 OUTSTANDING NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY,  ANY  OF
 ITS  SUBSIDIARY CORPORATIONS, THE METROPOLITAN TRANSPORTATION AUTHORITY,
 THE NEW YORK CITY TRANSIT AUTHORITY, ANY OF ITS SUBSIDIARY  CORPORATIONS
 AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
   (C)  EVERY  ISSUE  OF  ITS  NOTES, BONDS OR OTHER OBLIGATIONS SHALL BE
 GENERAL OBLIGATIONS OR SPECIAL OBLIGATIONS. EVERY ISSUE OF GENERAL OBLI-
 GATIONS OF THE AUTHORITY SHALL BE PAYABLE OUT OF ANY REVENUES OR  MONIES
 OF  THE  AUTHORITY,  SUBJECT  ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF
 PARTICULAR NOTES OR BONDS PLEDGING ANY PARTICULAR RECEIPTS OR  REVENUES.
 EVERY ISSUE OF SPECIAL OBLIGATIONS SHALL BE PAYABLE OUT OF ANY REVENUES,
 RECEIPTS,  MONIES  OR  OTHER  ASSETS OF THE AUTHORITY AND ITS SUBSIDIARY
 CORPORATIONS, THE NEW YORK CITY TRANSIT  AUTHORITY  AND  ITS  SUBSIDIARY
 CORPORATIONS  AND  THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IDENTIFIED
 FOR SUCH PURPOSES IN ACCORDANCE WITH  AGREEMENTS  WITH  THE  HOLDERS  OF
 PARTICULAR  NOTES,  BONDS  OR OTHER OBLIGATIONS. THE AUTHORITY MAY ISSUE
 TRANSPORTATION REVENUE SPECIAL OBLIGATION BONDS, NOTES  OR  OTHER  OBLI-
 GATIONS  AS  PROVIDED  IN SECTION THIRTEEN HUNDRED FORTY-NINE-DD OF THIS
 TITLE;
   2. THE AUTHORITY MAY FROM TIME TO TIME ISSUE ITS BONDS  AND  NOTES  IN
 SUCH  PRINCIPAL  AMOUNTS  AS,  IN THE OPINION OF THE AUTHORITY, SHALL BE
 NECESSARY TO FINANCE  THE  UNFUNDED  PENSION  FUND  LIABILITIES  OF  THE
 S. 2830                            99
 
 AUTHORITY,  ITS  AFFILIATES AND SUBSIDIARIES, PROVIDED, HOWEVER, THAT IN
 NO EVENT SHALL THE CUMULATIVE AMOUNTS OF BONDS AND NOTES ISSUED PURSUANT
 TO THE AUTHORITY UNDER THIS SUBDIVISION EXCEED ONE BILLION  TWO  HUNDRED
 MILLION  DOLLARS  OR SIXTY PERCENT OF SUCH UNFUNDED PENSION FUND LIABIL-
 ITIES, WHICHEVER IS LESS, AND PROVIDED, FURTHER, THAT NO BONDS SHALL  BE
 ISSUED  UNDER  THIS SUBDIVISION FOR A TERM LONGER THAN TWENTY YEARS. THE
 AUTHORITY MAY NOT ISSUE BONDS OR NOTES IN ANY TWELVE MONTH PERIOD  IN  A
 CUMULATIVE  PRINCIPAL  AMOUNT  IN  EXCESS  OF FORTY PERCENT OF THE TOTAL
 AMOUNT PERMITTED TO BE ISSUED UNDER THIS SUBDIVISION. PRIOR TO THE ISSU-
 ANCE OF ANY BONDS OR NOTES, THE AUTHORITY SHALL MAKE A FINDING THAT SUCH
 ISSUE IS EXPECTED TO RESULT, ON A PRESENT VALUE BASIS, IN A LOWER EFFEC-
 TIVE COST TO THE  AUTHORITY  THAN  FUNDING  THE  UNFUNDED  PENSION  FUND
 LIABILITY  SOLELY  THROUGH  THE PAYMENT OF ANNUAL AMOUNTS TO THE PENSION
 FUND, ASSUMING THAT THE PRINCIPAL COMPONENT OF  THE  UNFUNDED  LIABILITY
 WILL BE AMORTIZED OVER THE SAME NUMBER OF YEARS AS THE TERM OF THE BONDS
 OR  NOTES AND THAT THE INTEREST PAYABLE THEREON IS THE ACTUARIAL RATE OF
 INTEREST DETERMINED BY THE ACTUARY FOR THE PENSION FUND AT THE  TIME  OF
 THE  ISSUANCE  OF SUCH BONDS OR NOTES. THE AGGREGATE PRINCIPAL AMOUNT OF
 BONDS AND NOTES ISSUED FOR SUCH PURPOSES MAY BE INCREASED TO FUND  COSTS
 OF ISSUANCE AND REASONABLY REQUIRED DEBT SERVICE OR OTHER RESERVE FUNDS.
 BONDS  AND  NOTES  MAY  BE  ISSUED TO REFUND OR OTHERWISE REPAY BONDS OR
 NOTES THERETOFORE ISSUED FOR SUCH PURPOSES; PROVIDED, HOWEVER, THAT UPON
 ANY SUCH REFUNDING OR REPAYMENT, INCLUDING FOR PURPOSE  OF  SUCH  CALCU-
 LATION  THE  PRINCIPAL AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO BE
 ISSUED AND EXCLUDING THE PRINCIPAL AMOUNT OF THE BONDS OR NOTES SO TO BE
 REFUNDED OR REPAID AND ALSO EXCLUDING ANY AMOUNTS USED TO PAY  COSTS  OF
 ISSUANCE  AND  REASONABLY  REQUIRED DEBT SERVICE OR OTHER RESERVE FUNDS,
 THE PRESENT VALUE OF THE AGGREGATE DEBT  SERVICE  OF  THE  REFUNDING  OR
 REPAYMENT BONDS OR NOTES TO BE ISSUED SHALL NOT EXCEED THE PRESENT VALUE
 OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE REFUNDED OR
 REPAID.  FOR  PURPOSES  OF THE PRECEDING SENTENCE, THE PRESENT VALUES OF
 THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS OR  NOTES
 AND  OF  THE  AGGREGATE  DEBT  SERVICE  OF  THE  BONDS OR NOTES SO TO BE
 REFUNDED OR REPAID SHALL BE CALCULATED BY UTILIZING THE EFFECTIVE INTER-
 EST RATE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES,  WHICH  SHALL  BE
 THAT  RATE  ARRIVED  AT  BY  DOUBLING  THE  SEMI-ANNUAL  INTEREST  RATE,
 COMPOUNDED  SEMI-ANNUALLY,  NECESSARY  TO  DISCOUNT  THE  DEBT   SERVICE
 PAYMENTS  ON  THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE PAYMENT
 DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR  REPAYMENT  BONDS
 OR  NOTES  AND  TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST OR
 PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED  INTEREST
 FROM  THE  SALE  THEREOF.  DEBT  SERVICE  ON THE BONDS OR NOTES SHALL BE
 STRUCTURED SO THAT THE ECONOMIC BENEFITS  THEREOF  SHALL  BE  RELATIVELY
 UNIFORM  FOR  EACH  FULL YEAR THROUGHOUT THE TERM OF THE BONDS OR NOTES.
 BEGINNING WITH THE DATE OF FIRST ISSUANCE OF BONDS UNDER  THIS  SECTION,
 THE  AUTHORITY  AND ITS SUBSIDIARIES SHALL MAKE ANNUAL PAYMENTS INTO THE
 PENSION FUND IN AMOUNTS AT LEAST EQUAL TO THE CURRENT  PENSION  CONTRIB-
 UTION  LIABILITY  APPLICABLE TO SUCH YEAR. THE NET PROCEEDS OF THE BONDS
 OR NOTES INTENDED TO BE INVESTED IN NON-DEBT SECURITIES MAY BE  INVESTED
 BY THE RECIPIENT PENSION FUND IN A FISCALLY PRUDENT MANNER IN SECURITIES
 CONSISTENT WITH ANY TRUST INDENTURES AND ALL APPLICABLE STATE AND FEDER-
 AL  LAW  OVER  A  REASONABLE  PERIOD  OF  TIME NOT LESS THAN THIRTY DAYS
 FOLLOWING THE ISSUANCE OF THE  BONDS  OR  NOTES.  THE  OPERATING  BUDGET
 SAVINGS  ASSOCIATED WITH THE ISSUANCE OF PENSION OBLIGATION BONDS PURSU-
 ANT TO THIS SUBDIVISION SHALL BE DEDICATED TO  REDUCING  SERVICE  ELIMI-
 NATIONS PROJECTED TO OCCUR WITHIN THAT PERIOD.
 S. 2830                            100
 
   3.  THE  NOTES,  BONDS  AND  OTHER  OBLIGATIONS SHALL BE AUTHORIZED BY
 RESOLUTION APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER
 OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT  OF
 A  TIE  VOTE THE CHAIRPERSON SHALL CAST ONE ADDITIONAL VOTE. SUCH NOTES,
 BONDS  AND  OTHER  OBLIGATIONS  SHALL BEAR SUCH DATE OR DATES, AND SHALL
 MATURE AT SUCH TIME OR TIMES, IN THE  CASE  OF  ANY  SUCH  NOTE  OR  ANY
 RENEWALS THEREOF NOT EXCEEDING FIVE YEARS FROM THE DATE OF ISSUE OF SUCH
 ORIGINAL  NOTE,  AND  IN  THE  CASE OF ANY SUCH BOND NOT EXCEEDING FIFTY
 YEARS FROM THE DATE OF ISSUE, AS  SUCH  RESOLUTION  OR  RESOLUTIONS  MAY
 PROVIDE.  THE  NOTES, BONDS AND OTHER OBLIGATIONS SHALL BEAR INTEREST AT
 SUCH RATE OR RATES, BE IN SUCH DENOMINATIONS, BE IN  SUCH  FORM,  EITHER
 COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
 SUCH  MANNER,  BE  PAYABLE  IN  SUCH MEDIUM OF PAYMENT, AT SUCH PLACE OR
 PLACES AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION  OR
 RESOLUTIONS  MAY  PROVIDE. THE NOTES, BONDS AND OTHER OBLIGATIONS OF THE
 AUTHORITY MAY BE SOLD BY THE AUTHORITY, AT PUBLIC OR  PRIVATE  SALE,  AT
 SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE. NO NOTES OR BONDS
 OF  THE AUTHORITY MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE, HOWEVER,
 UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING  BY
 (A)  THE  COMPTROLLER, WHERE SUCH SALE IS NOT TO THE COMPTROLLER, OR (B)
 THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, WHERE SUCH SALE  IS
 TO THE COMPTROLLER.
   4.  ANY  RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES, BONDS OR ANY
 ISSUE THEREOF, OR ANY OTHER OBLIGATIONS OF THE  AUTHORITY,  MAY  CONTAIN
 PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THER-
 EOF, AS TO:
   (A)  PLEDGING  ALL  OR ANY PART OF THE REVENUES OF THE AUTHORITY OR OF
 ANY OF ITS SUBSIDIARY CORPORATIONS OR NEW YORK CITY TRANSIT AUTHORITY OR
 ANY OF ITS SUBSIDIARY  CORPORATIONS  OR  TRIBOROUGH  BRIDGE  AND  TUNNEL
 AUTHORITY  TO  SECURE  THE PAYMENT OF THE NOTES OR BONDS OR OF ANY ISSUE
 THEREOF, OR ANY OTHER OBLIGATIONS OF  THE  AUTHORITY,  SUBJECT  TO  SUCH
 APPLICABLE AGREEMENTS WITH BONDHOLDERS, NOTEHOLDERS, OR HOLDERS OF OTHER
 OBLIGATIONS OF THE AUTHORITY, THE METROPOLITAN TRANSPORTATION AUTHORITY,
 THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, AND
 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
   (B)  PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF ANY
 OF ITS SUBSIDIARY CORPORATIONS OR NEW YORK CITY TRANSIT AUTHORITY OR ANY
 OF ITS SUBSIDIARY CORPORATIONS OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
 TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY ISSUE OF NOTES  OR
 BONDS, OR ANY OTHER OBLIGATIONS OF THE AUTHORITY, SUBJECT TO SUCH AGREE-
 MENTS  WITH NOTEHOLDERS, BONDHOLDERS, OR HOLDERS OF OTHER OBLIGATIONS OF
 THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSIDIARY
 CORPORATIONS, AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
   (C)  THE  USE  AND  DISPOSITION  OF  REVENUES, INCLUDING FARES, TOLLS,
 RENTALS, RATES, CHARGES AND OTHER FEES, MADE OR RECEIVED BY THE AUTHORI-
 TY, ANY OF ITS SUBSIDIARY CORPORATIONS, NEW YORK CITY TRANSIT  AUTHORITY
 OR  ANY  OF ITS SUBSIDIARY CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL
 AUTHORITY;
   (D) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE  REGULATION
 AND DISPOSITION THEREOF;
   (E) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF NOTES,
 BONDS  OR OTHER OBLIGATIONS OF THE AUTHORITY MAY BE APPLIED AND PLEDGING
 SUCH PROCEEDS TO SECURE THE PAYMENT OF THE NOTES  OR  BONDS  OR  OF  ANY
 ISSUE THEREOF OR OF OTHER OBLIGATIONS;
   (F)  LIMITATIONS  ON  THE ISSUANCE OF ADDITIONAL NOTES, BONDS OR OTHER
 OBLIGATIONS OF THE AUTHORITY; THE TERMS  UPON  WHICH  ADDITIONAL  NOTES,
 S. 2830                            101
 
 BONDS  OR  OTHER OBLIGATIONS OF THE AUTHORITY MAY BE ISSUED AND SECURED;
 THE REFUNDING OF OUTSTANDING OR OTHER NOTES, BONDS OR OTHER  OBLIGATIONS
 OF THE AUTHORITY;
   (G)  THE  PROCEDURE,  IF  ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
 NOTEHOLDERS, BONDHOLDERS, OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHOR-
 ITY, MAY BE AMENDED OR ABROGATED, THE AMOUNT OF NOTES,  BONDS  OR  OTHER
 OBLIGATIONS  OF THE AUTHORITY THE HOLDERS OF WHICH MUST CONSENT THERETO,
 AND THE MANNER IN WHICH SUCH CONSENT MAY BE GIVEN;
   (H) LIMITATIONS ON THE AMOUNT OF MONIES TO BE EXPENDED BY THE AUTHORI-
 TY OR ANY OF ITS  SUBSIDIARY  CORPORATIONS  OR  NEW  YORK  CITY  TRANSIT
 AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR TRIBOROUGH BRIDGE AND
 TUNNEL  AUTHORITY FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE
 AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR NEW YORK CITY TRANSIT
 AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR TRIBOROUGH BRIDGE AND
 TUNNEL AUTHORITY;
   (I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
 DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
 ALL OF THE RIGHTS, POWERS AND DUTIES OF THE  TRUSTEE  APPOINTED  BY  THE
 BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
 TY  PURSUANT  TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT OF THE
 BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
 TY TO APPOINT A TRUSTEE UNDER  THIS  ARTICLE  OR  LIMITING  THE  RIGHTS,
 POWERS AND DUTIES OF SUCH TRUSTEE; AND
   (J)  ANY  OTHER  MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
 WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES, BONDS OR OTHER OBLI-
 GATIONS OF THE AUTHORITY.
   5. IN ADDITION TO THE  POWERS  CONFERRED  BY  THIS  SECTION  UPON  THE
 AUTHORITY TO SECURE ITS NOTES, BONDS AND OTHER OBLIGATIONS, THE AUTHORI-
 TY  SHALL HAVE POWER IN CONNECTION WITH THE ISSUANCE OF NOTES, BONDS AND
 OTHER OBLIGATIONS TO ENTER INTO SUCH AGREEMENTS  AS  THE  AUTHORITY  MAY
 DEEM  NECESSARY,  CONVENIENT OR DESIRABLE CONCERNING THE USE OR DISPOSI-
 TION OF THE MONIES OR PROPERTY OF THE AUTHORITY, ITS  SUBSIDIARY  CORPO-
 RATIONS,  NEW  YORK  CITY  TRANSIT  AUTHORITY,  OR ANY OF ITS SUBSIDIARY
 CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY,  INCLUDING  THE
 MORTGAGING OF ANY SUCH PROPERTY AND THE ENTRUSTING, PLEDGING OR CREATION
 OF  ANY  OTHER  SECURITY INTEREST IN ANY SUCH MONIES OR PROPERTY AND THE
 DOING OF ANY ACT (INCLUDING REFRAINING FROM DOING  ANY  ACT)  WHICH  THE
 AUTHORITY  WOULD HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH AGREEMENTS.
 THE AUTHORITY SHALL HAVE POWER TO ENTER  INTO  AMENDMENTS  OF  ANY  SUCH
 AGREEMENTS  WITHIN THE POWERS GRANTED TO THE AUTHORITY BY THIS TITLE AND
 TO PERFORM SUCH AGREEMENTS. THE PROVISIONS OF ANY SUCH AGREEMENTS MAY BE
 MADE A PART OF THE CONTRACT WITH THE HOLDERS OF  THE  NOTES,  BONDS  AND
 OTHER OBLIGATIONS OF THE AUTHORITY.
   6.  ANY  PLEDGE, MORTGAGE OR SECURITY INSTRUMENT MADE BY THE AUTHORITY
 SHALL BE VALID AND BINDING FROM THE TIME WHEN THE  PLEDGE,  MORTGAGE  OR
 SECURITY  INSTRUMENT  IS  MADE; THE MONIES OR PROPERTY SO PLEDGED, MORT-
 GAGED AND ENTRUSTED AND THEREAFTER RECEIVED BY THE AUTHORITY, OR ANY  OF
 ITS  SUBSIDIARY CORPORATIONS SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF
 SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT WITHOUT ANY PHYSICAL DELIV-
 ERY THEREOF OR FURTHER ACT; AND THE LIEN OF ANY SUCH PLEDGE, MORTGAGE OR
 SECURITY INSTRUMENT SHALL BE VALID AND BINDING AS  AGAINST  ALL  PARTIES
 HAVING  CLAIMS  OF  ANY  KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE
 AUTHORITY, OR ANY OF ITS SUBSIDIARY CORPORATIONS, IRRESPECTIVE OF WHETH-
 ER SUCH PARTIES HAVE NOTICE THEREOF.  NEITHER  THE  RESOLUTION  NOR  ANY
 MORTGAGE,  SECURITY  INSTRUMENT  OR  OTHER INSTRUMENT BY WHICH A PLEDGE,
 MORTGAGE LIEN OR OTHER SECURITY IS CREATED SHALL NEED TO BE RECORDED  OR
 S. 2830                            102
 
 FILED  AND NEITHER THE AUTHORITY NOR, ANY OF ITS SUBSIDIARY CORPORATIONS
 SHALL BE REQUIRED TO COMPLY WITH ANY OF THE PROVISIONS  OF  THE  UNIFORM
 COMMERCIAL CODE.
   7.  NEITHER  THE  MEMBERS  OF THE AUTHORITY, THE NEW YORK CITY TRANSIT
 AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY NOR  ANY  PERSON
 EXECUTING  THE  NOTES,  BONDS  OR  OTHER  OBLIGATIONS  SHALL  BE  LIABLE
 PERSONALLY ON THE NOTES, BONDS OR OTHER OBLIGATIONS OR BE SUBJECT TO ANY
 PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
   8. THE AUTHORITY, SUBJECT TO  SUCH  AGREEMENTS  WITH  THE  HOLDERS  OF
 NOTES,  BONDS  OR  OTHER OBLIGATIONS AS MAY THEN EXIST, SHALL HAVE POWER
 OUT OF ANY FUNDS AVAILABLE THEREFOR TO PURCHASE NOTES,  BONDS  OR  OTHER
 OBLIGATIONS  OF  THE  AUTHORITY.  THE AUTHORITY MAY HOLD, CANCEL OR SELL
 SUCH BONDS, NOTES AND OTHER OBLIGATIONS, SUBJECT TO  AND  IN  ACCORDANCE
 WITH AGREEMENTS WITH SUCH HOLDERS.
   9.  NEITHER  THE  STATE  NOR  THE  CITY OF NEW YORK SHALL BE LIABLE ON
 NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY AND SUCH NOTES, BONDS
 AND OTHER OBLIGATIONS SHALL NOT BE A DEBT OF THE STATE OR  THE  CITY  OF
 NEW  YORK,  AND SUCH NOTES, BONDS AND OTHER OBLIGATIONS SHALL CONTAIN ON
 THE FACE THEREOF, OR IN AN EQUALLY PROMINENT PLACE, A STATEMENT TO  SUCH
 EFFECT.
   10. SO LONG AS THE AUTHORITY HAS ANY OUTSTANDING BONDS, NOTES OR OTHER
 OBLIGATIONS ISSUED PURSUANT TO THIS SECTION OR ANY BONDS, NOTES OR OTHER
 OBLIGATIONS  ISSUED  OR  INCURRED  PURSUANT  TO SECTION THIRTEEN HUNDRED
 FORTY-NINE-J OF THIS TITLE, NONE OF THE AUTHORITY OR ANY OF ITS  SUBSID-
 IARY CORPORATIONS, NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSID-
 IARY  CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL HAVE
 THE AUTHORITY TO FILE A VOLUNTARY PETITION UNDER  CHAPTER  NINE  OF  THE
 FEDERAL  BANKRUPTCY  CODE  OR  SUCH  CORRESPONDING  CHAPTER, CHAPTERS OR
 SECTIONS AS MAY, FROM TIME TO TIME, BE IN EFFECT, AND NEITHER ANY PUBLIC
 OFFICER NOR ANY ORGANIZATION, ENTITY OR OTHER PERSON SHALL AUTHORIZE THE
 AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS, NEW YORK  CITY  TRANSIT
 AUTHORITY  OR  ANY  OF ITS SUBSIDIARY CORPORATIONS, OR TRIBOROUGH BRIDGE
 AND TUNNEL AUTHORITY TO BE OR BECOME A DEBTOR UNDER CHAPTER NINE OF  THE
 FEDERAL  BANKRUPTCY  CODE  OR  SAID  CORRESPONDING  CHAPTER, CHAPTERS OR
 SECTIONS DURING ANY SUCH PERIOD.
   11. THE TERM "MONIES" AS USED IN THIS SECTION SHALL INCLUDE,  BUT  NOT
 BE  LIMITED TO, ALL OPERATING SUBSIDIES PROVIDED BY (I) ANY PUBLIC BENE-
 FIT CORPORATION, INCLUDING WITHOUT  LIMITATION  TRANSFERS  OF  OPERATING
 SURPLUS  BY  TRIBOROUGH  BRIDGE AND TUNNEL AUTHORITY PURSUANT TO SECTION
 TWELVE HUNDRED NINETEEN-A OF THIS  ARTICLE,  OR  (II)  ANY  GOVERNMENTAL
 ENTITY,  FEDERAL, STATE OR LOCAL AND SHALL EXCLUDE ALL FUNDS REQUIRED TO
 BE TRANSFERRED TO THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT  TO
 SECTION THIRTEEN HUNDRED FORTY-NINE-H OF THIS TITLE.
   12.  ANY  RESOLUTION  OR  AGREEMENT AUTHORIZING THE ISSUANCE OF BONDS,
 NOTES OR OTHER OBLIGATIONS PURSUANT TO THIS SECTION  MAY,  IN  ADDITION,
 AUTHORIZE  AND  PROVIDE  FOR  THE  ISSUANCE  OF LEASE OBLIGATIONS OF THE
 AUTHORITY WHICH MAY BE ISSUED FOR THE PURPOSES  AND  ON  THE  TERMS  AND
 CONDITIONS UNDER WHICH THE BONDS, NOTES AND OTHER OBLIGATIONS AUTHORIZED
 UNDER  THIS SECTION MAY BE ISSUED, AND MAY BE SECURED IN THE SAME MANNER
 AS SUCH BONDS, NOTES AND OTHER OBLIGATIONS, AND  WHICH  RESOLUTION  WITH
 RESPECT  TO  SUCH  LEASE  OBLIGATIONS, MAY CONTAIN SUCH OTHER PROVISIONS
 APPLICABLE TO BONDS, NOTES AND OTHER OBLIGATIONS NOT  INCONSISTENT  WITH
 THE PROVISIONS OF THIS SECTION, AS THE AUTHORITY MAY DETERMINE.
   13.  THE  AGGREGATE  PRINCIPAL  AMOUNT  OF BONDS, NOTES OR OTHER OBLI-
 GATIONS ISSUED AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE  EFFECTIVE
 DATE  OF  THIS TITLE, BY THE AUTHORITY, THE TRIBOROUGH BRIDGE AND TUNNEL
 S. 2830                            103
 
 AUTHORITY AND THE NEW YORK  CITY  TRANSIT  AUTHORITY  TO  FUND  PROJECTS
 CONTAINED IN CAPITAL PROGRAM PLANS APPROVED PURSUANT TO SECTION THIRTEEN
 HUNDRED FORTY-NINE-V OF THIS TITLE FOR THE CAPITAL PROGRAM AUTHORIZATION
 PERIOD  SHALL  NOT  EXCEED  FIFTY-FIVE BILLION FOUR HUNDRED NINETY-SEVEN
 MILLION DOLLARS. SUCH AGGREGATE PRINCIPAL  AMOUNT  OF  BONDS,  NOTES  OR
 OTHER OBLIGATIONS OR THE EXPENDITURE THEREOF SHALL NOT BE SUBJECT TO ANY
 LIMITATION  CONTAINED  IN  ANY  OTHER  PROVISION OF LAW ON THE PRINCIPAL
 AMOUNT OF BONDS, NOTES OR OTHER OBLIGATIONS OR THE  EXPENDITURE  THEREOF
 APPLICABLE  TO THE AUTHORITY, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
 OR THE NEW YORK CITY TRANSIT AUTHORITY. THE AGGREGATE LIMITATION  ESTAB-
 LISHED  BY THIS SUBDIVISION SHALL NOT INCLUDE: (A) OBLIGATIONS ISSUED TO
 REFUND, REDEEM OR OTHERWISE REPAY,  INCLUDING  BY  PURCHASE  OR  TENDER,
 OBLIGATIONS  THERETOFORE  ISSUED  EITHER BY THE ISSUER OF SUCH REFUNDING
 OBLIGATIONS OR BY THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY  OR
 THE  TRIBOROUGH  BRIDGE  AND TUNNEL AUTHORITY; (B) OBLIGATIONS ISSUED TO
 FUND ANY DEBT SERVICE OR OTHER RESERVE FUNDS FOR SUCH  OBLIGATIONS;  (C)
 OBLIGATIONS  ISSUED  OR  INCURRED  TO  FUND  THE  COSTS OF ISSUANCE, THE
 PAYMENT OF AMOUNTS REQUIRED UNDER BOND AND NOTE FACILITIES,  FEDERAL  OR
 OTHER  GOVERNMENTAL  LOANS,  SECURITY  OR  CREDIT  ARRANGEMENTS OR OTHER
 AGREEMENTS RELATED THERETO AND THE PAYMENT OF OTHER FINANCING,  ORIGINAL
 ISSUE  PREMIUMS  AND RELATED COSTS ASSOCIATED WITH SUCH OBLIGATIONS; (D)
 AN AMOUNT EQUAL TO ANY ORIGINAL ISSUE DISCOUNT FROM THE PRINCIPAL AMOUNT
 OF SUCH OBLIGATIONS OR TO FUND  CAPITALIZED  INTEREST;  (E)  OBLIGATIONS
 INCURRED PURSUANT TO SECTION TWELVE HUNDRED SEVEN-M OF THIS ARTICLE; (F)
 OBLIGATIONS  INCURRED  TO  FUND THE ACQUISITION OF CERTAIN BUSES FOR THE
 NEW YORK CITY TRANSIT AUTHORITY AS IDENTIFIED IN A CAPITAL PROGRAM  PLAN
 APPROVED PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED
 NINETY-TWO;  (G)  OBLIGATIONS  INCURRED  IN CONNECTION WITH THE LEASING,
 SELLING OR TRANSFERRING OF EQUIPMENT; AND (H) BOND ANTICIPATION NOTES OR
 OTHER OBLIGATIONS PAYABLE SOLELY FROM THE PROCEEDS OF OTHER BONDS, NOTES
 OR OTHER OBLIGATIONS WHICH WOULD BE INCLUDED IN THE AGGREGATE  PRINCIPAL
 AMOUNT  SPECIFIED  IN THE FIRST SENTENCE OF THIS SUBDIVISION, WHETHER OR
 NOT ADDITIONALLY SECURED BY REVENUES OF THE AUTHORITY,  OR  ANY  OF  ITS
 SUBSIDIARY  CORPORATIONS, NEW YORK CITY TRANSIT AUTHORITY, OR ANY OF ITS
 SUBSIDIARY CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
   § 1349-V. CAPITAL PROGRAM PLANS; APPROVALS; EFFECT OF DISAPPROVAL.  1.
 ON  OR  BEFORE  OCTOBER FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
 SECTION, AND EVERY FIFTH YEAR THEREAFTER, THE AUTHORITY SHALL SUBMIT  TO
 THE  MAYOR  A  CAPITAL  PROGRAM  PLAN FOR THE TEN-YEAR PERIOD COMMENCING
 JANUARY FIRST OF THE FOLLOWING YEAR.
   2. FOR THE PERIOD DESCRIBED IN SUBDIVISION ONE OF  THIS  SECTION,  THE
 PLAN  SHALL CONTAIN THE CAPITAL PROGRAM FOR THE TRANSIT FACILITIES OPER-
 ATED BY THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES AND FOR
 THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY.
   3. THE PLAN SHALL SET SYSTEM-WIDE GOALS  AND  OBJECTIVES  FOR  CAPITAL
 SPENDING,  ESTABLISH  STANDARDS FOR SERVICE AND OPERATIONS, AND DESCRIBE
 EACH CAPITAL ELEMENT PROPOSED TO BE  INITIATED  IN  EACH  OF  THE  YEARS
 COVERED  BY  THE PLAN AND EXPLAIN HOW EACH PROPOSED ELEMENT SUPPORTS THE
 ACHIEVEMENT OF THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN  THE
 PLAN. THE PLAN SHALL ALSO SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL
 FUNDING  REQUIRED  EACH  YEAR  AND THE EXPECTED SOURCES OF SUCH FUNDING.
 EACH PLAN SUBSEQUENT TO THE FIRST SUCH PLAN AND EACH PROPOSED  AMENDMENT
 OR  MODIFICATION  THEREOF SHALL ALSO DESCRIBE THE CURRENT STATUS OF EACH
 CAPITAL ELEMENT INCLUDED IN THE PREVIOUSLY APPROVED PLAN,  IF  ANY.  THE
 PLAN  SHALL  BE ACCOMPANIED OR SUPPLEMENTED BY SUCH SUPPORTING MATERIALS
 AS THE MAYOR SHALL REQUIRE.
 S. 2830                            104
 
   4. A "CAPITAL ELEMENT", AS USED IN THIS SECTION, SHALL MEAN  EITHER  A
 CATEGORY OF EXPENDITURE ITEMIZED IN A PLAN, AS HEREINAFTER PROVIDED, FOR
 WHICH A SPECIFIED MAXIMUM DOLLAR AMOUNT IS PROPOSED TO BE EXPENDED, OR A
 PARTICULARLY DESCRIBED CAPITAL PROJECT WITHIN ONE OR MORE CATEGORIES FOR
 WHICH  NO  MAXIMUM EXPENDITURE IS PROPOSED, BUT FOR WHICH AN ESTIMATE OF
 EXPECTED COST IS PROVIDED. A CAPITAL ELEMENT SHALL  BE  DEEMED  TO  HAVE
 BEEN  INITIATED  FOR PURPOSES OF THIS SECTION IF IN CONNECTION WITH SUCH
 ELEMENT THE AUTHORITY SHALL CERTIFY THAT:
   (A) PURCHASE OR CONSTRUCTION CONTRACTS HAVE BEEN ENTERED  INTO,  OBLI-
 GATING  IN  THE AGGREGATE AN AMOUNT EXCEEDING TEN PERCENT OF THE MAXIMUM
 OR ESTIMATED COST OF THE ELEMENT AS SET FORTH IN A PLAN;
   (B) FINANCING SPECIFIC TO THE PROJECT HAS BEEN UNDERTAKEN; OR
   (C) IN A CASE WHERE SUCH ELEMENT IS LIMITED TO DESIGN OR  ENGINEERING,
 A CONTRACT THEREFOR HAS BEEN ENTERED INTO.
   5.  THE  PLAN  SHALL  ITEMIZE  THE  CAPITAL  ELEMENTS INCLUDED IN EACH
 SECTION OF THE PLAN UNDER THE FOLLOWING CATEGORIES OF  EXPENDITURE:  (A)
 ROLLING  STOCK  AND  BUSES;  (B) PASSENGER STATIONS; (C) TRACK; (D) LINE
 EQUIPMENT; (E) LINE STRUCTURES;  (F)  SIGNALS  AND  COMMUNICATIONS;  (G)
 POWER  EQUIPMENT,  EMERGENCY POWER EQUIPMENT AND SUBSTATIONS; (H) SHOPS,
 YARDS, MAINTENANCE FACILITIES, DEPOTS AND TERMINALS; (I)  SERVICE  VEHI-
 CLES;  (J)  SECURITY  SYSTEMS;  (K)  ELECTRIFICATION EXTENSIONS; AND (L)
 UNSPECIFIED, MISCELLANEOUS AND EMERGENCY.
   6. A CAPITAL PROGRAM PLAN MUST BE APPROVED ONLY BY RESOLUTION  OF  THE
 AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE. AFTER APPROVAL, THE
 AUTHORITY  MUST  SUBMIT  THE  PLAN  TO THE MAYOR, WHO HAS NINETY DAYS TO
 APPROVE THE PLAN.
   7. A COPY OF ANY CAPITAL PROGRAM PLAN THAT HAS BEEN  APPROVED  BY  THE
 AUTHORITY  AND DISTRIBUTED TO THE MAYOR SHALL BE SIMULTANEOUSLY PROVIDED
 TO THE PUBLIC BY THE BIG APPLE TRANSIT AUTHORITY, VIA  ITS  OFFICIAL  OR
 SHARED INTERNET WEBSITE.
   8. IF THE MAYOR TAKES NO ACTION WITHIN NINETY DAYS AFTER RECEIVING THE
 PLAN, THE PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
   9.  IF  THE MAYOR VETOES THE PLAN, THE AUTHORITY MAY ONLY OVERRIDE THE
 VETO BY UNANIMOUS VOTE.
   10. IF THE MAYOR VETOES THE PLAN AND THE AUTHORITY DOES  NOT  OVERRIDE
 THE  VETO,  THE  AUTHORITY  MAY THEREAFTER REFORMULATE AND RESUBMIT SUCH
 PLAN AT ANY TIME. WITHIN THIRTY DAYS OF THE SUBMISSION OF SUCH  REFORMU-
 LATED  PLAN,  THE MAYOR MAY NOTIFY THE AUTHORITY OF ITS APPROVAL, OR, IF
 THE REFORMULATED PLAN IS NOT APPROVED AND THE MAYOR HAS NOT NOTIFIED THE
 AUTHORITY OF HIS OR HER DISAPPROVAL WITHIN SUCH PERIOD, THE REFORMULATED
 PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
   11. NO GENERAL OBLIGATION BONDS OR NOTES OF THE AUTHORITY, NO  SPECIAL
 OBLIGATION BONDS OR NOTES OF THE AUTHORITY TO FINANCE A TRANSIT PROJECT,
 AS SUCH TERM IS DEFINED IN SECTION THIRTEEN HUNDRED FORTY-NINE-J OF THIS
 TITLE, AND NO BONDS OR NOTES OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
 ITY  TO  FINANCE  A  PROJECT  PURSUANT TO THE AUTHORIZATION CONTAINED IN
 PARAGRAPH (R) OF SUBDIVISION NINE OF SECTION FIVE HUNDRED FIFTY-THREE OF
 THIS CHAPTER SHALL BE ISSUED TO FINANCE THE COSTS OF A  CAPITAL  ELEMENT
 UNLESS  SUCH CAPITAL ELEMENT AND SUCH SOURCE OF FUNDING WAS SET FORTH IN
 A PLAN APPROVED AS PROVIDED IN THIS SECTION.
   12. THE DISAPPROVAL OF A CAPITAL PROGRAM PLAN SHALL  NOT  AFFECT:  (A)
 THE RIGHT OF THE AUTHORITY, OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
 TY, OR OF THE NEW YORK CITY TRANSIT AUTHORITY, OR OF THE SUBSIDIARIES OF
 ANY  OF  THEM TO INITIATE AND COMPLETE ANY CAPITAL ELEMENT WHICH WILL BE
 FINANCED OTHERWISE THAN THROUGH THE ISSUANCE OF THE BONDS OR  NOTES  THE
 ISSUANCE  OF  WHICH  IS  PROHIBITED  UNDER  SUBDIVISION  ELEVEN  OF THIS
 S. 2830                            105
 
 SECTION; (B) THE RIGHT OF THE AUTHORITY OR  THE  TRIBOROUGH  BRIDGE  AND
 TUNNEL  AUTHORITY  TO  ISSUE BONDS OR NOTES TO FINANCE A CAPITAL ELEMENT
 WHICH WAS INITIATED PRIOR TO  SUCH  DISAPPROVAL  IN  CONFORMITY  WITH  A
 PREVIOUSLY  APPROVED  PLAN;  (C)  THE RIGHT OF THE NEW YORK CITY TRANSIT
 AUTHORITY TO ISSUE ITS BONDS, NOTES, LEASE, SUBLEASE OR OTHER CONTRACTU-
 AL OBLIGATIONS IN PAYMENT FOR A TRANSIT PROJECT INITIATED PRIOR TO  SUCH
 DISAPPROVAL IN CONFORMITY WITH A PREVIOUSLY APPROVED PLAN; (D) THE RIGHT
 OF  THE  AUTHORITY  OR  OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO
 ISSUE BONDS OR NOTES TO REFUND OR OTHERWISE REPAY ANY OF ITS OUTSTANDING
 BONDS OR NOTES OR TO FULFILL ANY OF THEIR OBLIGATIONS TO THE HOLDERS  OF
 ANY  OF  THEIR  OUTSTANDING  BONDS OR NOTES; OR (E) THE RIGHT OF THE NEW
 YORK CITY TRANSIT AUTHORITY TO ISSUE ITS BONDS, NOTES,  LEASE,  SUBLEASE
 OR OTHER CONTRACTUAL OBLIGATIONS TO REFUND OR OTHERWISE REPAY ANY OF ITS
 OUTSTANDING  BONDS  OR NOTES OR TO FULFILL ANY OF ITS OBLIGATIONS TO THE
 HOLDERS OF ANY OF ITS OUTSTANDING BONDS OR NOTES.
   13. NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  EIGHT  OF  THIS
 SECTION,  IF  A SOURCE OF FUNDING DESCRIBED IN AN APPROVED PLAN SHALL BE
 UNAVAILABLE OR BE AVAILABLE IN A LESSER AMOUNT THAN THAT  SET  FORTH  IN
 SUCH  PLAN, THE AUTHORITY AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
 MAY ISSUE BONDS OR NOTES AS NECESSARY TO PROVIDE THE  REQUISITE  FUNDING
 FOR  THE  CAPITAL  ELEMENTS  INCLUDED IN THE PLAN TO THE EXTENT THAT THE
 AGGREGATE AMOUNT OF SUCH BONDS OR NOTES TO BE ISSUED IN SUBSTITUTION FOR
 SUCH UNAVAILABLE AMOUNTS SHALL NOT EXCEED THE GREATER OF  FIFTY  MILLION
 DOLLARS OR TWENTY PERCENT OF THE TOTAL AMOUNT DESCRIBED IN SUCH PLAN FOR
 EITHER THE SUBSTITUTE FUNDING SOURCE OR THE FUNDING SOURCE BEING SUBSTI-
 TUTED FOR, SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISION ELEVEN OF
 SECTION  FIVE HUNDRED FIFTY-THREE-E OF THIS CHAPTER AND PARAGRAPH (A) OF
 SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SEVEN-M OF THIS ARTICLE.
   14. (A) THE AUTHORITY MAY FROM TIME TO TIME SUBMIT TO THE MAYOR AMEND-
 MENTS OR MODIFICATIONS TO ANY TEN-YEAR PLAN THERETOFORE  SUBMITTED,  AND
 SHALL SUBMIT SUCH AN AMENDMENT OR MODIFICATION (I) IF THE ESTIMATED COST
 OF  ANY CAPITAL ELEMENT FOR WHICH A SPECIFIED DOLLAR AMOUNT WAS PROPOSED
 TO BE EXPENDED EXCEEDS THE AMOUNT SET FORTH IN  THE  APPROVED  PLAN  FOR
 SUCH ELEMENT BY MORE THAN TEN PERCENT, (II) IF WITH RESPECT TO A PARTIC-
 ULARLY DESCRIBED CAPITAL ELEMENT FOR WHICH ONLY AN ESTIMATE OF PROJECTED
 COST  HAS  BEEN  PROVIDED  IN THE PLAN THERE IS A MATERIAL CHANGE IN THE
 DESCRIPTION OF SUCH ELEMENT FROM THAT CONTAINED IN  THE  APPROVED  PLAN,
 (III)  IF A CAPITAL ELEMENT NOT PREVIOUSLY INCLUDED IN THE APPROVED PLAN
 IS PROPOSED TO BE UNDERTAKEN AND ITS COST, TOGETHER  WITH  THE  COST  OF
 OTHER  ELEMENTS  INCLUDED  IN  CATEGORY  (L) OF THE PLAN, EXCEEDS BY TEN
 PERCENT THE AMOUNT PROVIDED FOR SUCH CATEGORY (L) ELEMENTS, (IV) IF  THE
 AUTHORITY  SHALL  PROPOSE  TO CHANGE BY MORE THAN ONE YEAR FROM THE TIME
 WHEN ANY CAPITAL ELEMENT IS PROPOSED TO BE INITIATED OR  THE  EFFECT  OF
 SUCH  CHANGE WILL BE TO INCREASE THE ESTIMATED AMOUNT OF CAPITAL FUNDING
 REQUIRED IN ANY YEAR COVERED BY THE PLAN BY MORE THAN TWENTY PERCENT, OR
 (V) IF THE AVAILABILITY OF FUNDING SOURCES  CHANGES  TO  THE  DEGREE  TO
 WHICH  THE  AUTHORITY  OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY ARE
 PRECLUDED FROM EXERCISING THE AUTHORIZATION PROVIDED IN SUBDIVISION NINE
 OF THIS SECTION AND THE AUTHORITY WISHES TO DO SO.
   (B) AN AMENDMENT OR MODIFICATION MAY ONLY BE APPROVED IN TWO WAYS: (I)
 AN AMENDMENT OR MODIFICATION SHALL ONLY BE APPROVED  BY  THE  MAYOR  AND
 WITHIN THIRTY DAYS OF THE SUBMISSION OF AN AMENDMENT OR MODIFICATION THE
 MAYOR  MAY  NOTIFY THE AUTHORITY OF ITS APPROVAL OF THE SAME; OR (II) IF
 THE AMENDMENT OR MODIFICATION IS NOT APPROVED BY THE MAYOR  WITHIN  SUCH
 THIRTY  DAY PERIOD AND THE MAYOR HAS NOT NOTIFIED THE AUTHORITY IN WRIT-
 S. 2830                            106
 
 ING OF HIS OR HER DISAPPROVAL  WITHIN  SUCH  PERIOD,  THE  AMENDMENT  OR
 MODIFICATION SHALL BE DEEMED TO HAVE BEEN APPROVED.
   15. IN FORMULATING ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL GIVE
 CONSIDERATION  TO  THE PHYSICAL CONDITION AND URGENCY OF NEED OF EACH OF
 THE SEVERAL TRANSPORTATION AND TRANSIT SYSTEMS INVOLVED, TO THE NEEDS OF
 ALL OF THE COMMUNITIES AND AREAS  SERVICED  BY  THESE  SYSTEMS,  TO  THE
 EXTENT TO WHICH OTHER CAPITAL AID OR ASSISTANCE MAY BE AVAILABLE TO EACH
 OF  THESE  SYSTEMS,  AND  TO  THE SAFETY, COMFORT AND CONVENIENCE OF ITS
 PASSENGERS. IN DETERMINING THE SOURCE OR METHOD  OF  FUNDING  WHICH  THE
 AUTHORITY IS TO USE TO FINANCE THE COST OF THE CAPITAL ELEMENTS INCLUDED
 IN  ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL, INSOFAR AS PRACTICA-
 BLE, GIVE CONSIDERATION, AMONG  OTHER  THINGS,  TO:  (A)  THE  POTENTIAL
 IMPACT  OF EACH SUCH SOURCE OR METHOD UPON THE LEVEL OF PASSENGER FARES;
 (B) THE RELATIVE COST OF THE SEVERAL FUNDING ALTERNATIVES; AND  (C)  THE
 RELATIVE  ABILITY  OF  EACH SOURCE OR METHOD TO PROVIDE FUNDING AT TIMES
 AND IN AMOUNTS ESTIMATED TO BE REQUIRED BY THE CAPITAL PROGRAM PLAN.  TO
 THE EXTENT FUNDING IS PROPOSED TO BE OBTAINED THROUGH THE  ISSUANCE  AND
 SALE  OF BONDS OR NOTES, THE AUTHORITY SHALL, INSOFAR AS PRACTICABLE AND
 CONSISTENT WITH THE MATTERS SET FORTH IN PARAGRAPHS (A), (B) AND (C)  OF
 THIS SUBDIVISION, GIVE PREFERENCE TO THE USE OF FUNDS APPROPRIATED OR TO
 BE APPROPRIATED TO THE AUTHORITY BY VIRTUE OF SERVICE CONTRACTS WITH THE
 DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET ENTERED INTO PURSUANT TO
 THE  PROVISIONS  OF  THE TRANSPORTATION SYSTEMS ASSISTANCE AND FINANCING
 ACT OF NINETEEN HUNDRED EIGHTY-ONE FOR PURPOSES  OF  PAYING  THE  ANNUAL
 COST OF DEBT SERVICE FOR SUCH BONDS OR NOTES.
   16. ON OR BEFORE THE FIRST OF OCTOBER SUCCEEDING THE EFFECTIVE DATE OF
 THIS  SUBDIVISION,  AND  ON  OR BEFORE OCTOBER FIRST OF EVERY FIFTH YEAR
 THEREAFTER, THE AUTHORITY SHALL SUBMIT TO THE MAYOR A TWENTY-YEAR  CAPI-
 TAL  NEEDS  ASSESSMENT.  SUCH  ASSESSMENT  SHALL  BEGIN  WITH THE PERIOD
 COMMENCING ON THE FIRST OF JANUARY AFTER SUCH SUBMISSION, AND BEGIN EACH
 ASSESSMENT WITH  EVERY  FIFTH  YEAR  THEREAFTER,  AND  DESCRIBE  CAPITAL
 INVESTMENTS OVER THE SUCCEEDING TWENTY YEARS. SUCH ASSESSMENT SHALL: (A)
 SET  FORTH BROAD LONG-TERM CAPITAL INVESTMENTS TO BE MADE THROUGHOUT THE
 DISTRICT; AND (B) ESTABLISH A  NON-BINDING  BASIS  TO  BE  USED  BY  THE
 AUTHORITY  IN  THE  PLANNING  OF STRATEGIC INVESTMENTS INVOLVING CAPITAL
 ELEMENTS IN ITS  FIVE-YEAR  CAPITAL  PLAN.  SUCH  ASSESSMENT  SHALL  NOT
 REQUIRE  APPROVAL  OF  THE MAYOR AND SHALL BE FOR INFORMATIONAL PURPOSES
 ONLY.
   17. FOR PURPOSES OF THIS SECTION,  "BROAD  LONG-TERM  CAPITAL  INVEST-
 MENTS"  SHALL INCLUDE BUT NOT BE LIMITED TO: SYSTEM REBUILDING, ENHANCE-
 MENT, AND EXPANSION NEEDS; AGENCY NEEDS BROKEN DOWN BY  CAPITAL  ELEMENT
 OR  INVESTMENT  CATEGORY; AND PROJECTED FUTURE TRENDS AND NETWORK IMPLI-
 CATIONS. SUCH ASSESSMENT SHALL BE CERTIFIED BY THE  CHAIRPERSON  OF  THE
 AUTHORITY  AND SHALL BE ENTERED INTO THE PERMANENT RECORD OF THE MINUTES
 OF THE REVIEW BOARD.
   § 1349-W. SUBMISSION OF STRATEGIC OPERATION PLAN. 1. ON OR BEFORE  THE
 FIRST  OF  JULY  NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, THE
 AUTHORITY SHALL SUBMIT TO THE MAYOR A STRATEGIC OPERATION PLAN  FOR  THE
 BUS  AND  SUBWAY SERVICES OF THE NEW YORK CITY TRANSIT AUTHORITY AND ITS
 SUBSIDIARIES AND FOR THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY
 FOR THE FIVE YEAR PERIOD COMMENCING JANUARY FIRST OF THE FOLLOWING YEAR.
 THE PLAN MAY BE AMENDED AS REQUIRED BUT SHALL BE UPDATED AT LEAST  ANNU-
 ALLY. THE PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
   (A)  LONG-RANGE GOALS AND OBJECTIVES FOR THE OPERATION OF SERVICES AND
 FACILITIES;
 S. 2830                            107
 
   (B) PLANNED SERVICE AND PERFORMANCE STANDARDS FOR  EACH  YEAR  OF  THE
 PERIOD  COVERED BY THE PLAN; INCLUDING, IN SUCH PLAN SUBMITTED AFTER THE
 FIRST OF JULY NEXT SUCCEEDING THE EFFECTIVE DATE OF  THIS  SECTION:  (I)
 STANDARDS  FOR  DETERMINING  FREQUENCY OF SERVICE AT PEAK HOURS AND OFF-
 PEAK  HOURS;  (II) FREQUENCY OF SERVICE AT PEAK AND OFF-PEAK HOURS BASED
 ON THE APPLICATION OF SUCH STANDARDS TO  THE  CURRENT  PERIOD  FOR  EACH
 SUBWAY  LINE,  BUS  ROUTE  OR  GROUP  OF BUS ROUTES; AND (III) PROJECTED
 PERFORMANCE FOR EACH SUBWAY LINE, BUS ROUTE OR GROUP OF  BUS  ROUTES  AS
 MEASURED  BY RELIABILITY INDICATORS COMMONLY UTILIZED WITHIN THE TRANSIT
 INDUSTRY, INCLUDING SUCH MEASURES AS MEAN DISTANCE BETWEEN FAILURES  FOR
 SUBWAY  CARS,  PLANNED  NUMBER  OF  VEHICLES  WITH  AIR CONDITIONING AND
 PROJECTED RELIABILITY OF SUCH EQUIPMENT, PLANNED STANDARDS FOR  CLEANLI-
 NESS  OF  THE INTERIOR AND EXTERIOR OF SUBWAY CARS, BUSES, AND PASSENGER
 STATIONS, AND OTHER APPROPRIATE MEASURES OF PLANNED  PERFORMANCE  INFLU-
 ENCING THE QUALITY OF SERVICES;
   (C) LEVEL AND STRUCTURE OF FARES PROJECTED FOR EACH YEAR OF THE PERIOD
 COVERED BY THE PLAN;
   (D) ESTIMATED OPERATING AND CAPITAL RESOURCES ANTICIPATED TO BE AVAIL-
 ABLE  FROM INTERNAL SOURCES AS WELL AS FROM FEDERAL, STATE, REGIONAL AND
 LOCAL SOURCES;
   (E) ESTIMATED OPERATING AND CAPITAL COSTS TO SATISFY PLANNED STANDARDS
 OF PERFORMANCE AND SERVICE;
   (F) STRATEGIES TO IMPROVE PRODUCTIVITY; CONTROL COST GROWTH; INTEGRATE
 AND COORDINATE THE DELIVERY OF SERVICES PROVIDED  BY  THE  AUTHORITY  AS
 WELL AS OTHER PUBLIC AND PRIVATE TRANSPORTATION PROVIDERS IN THE SERVICE
 AREA;
   (G) SPECIFIC ALLOCATION OF OPERATING AND CAPITAL RESOURCES BY MODE AND
 OPERATION, INCLUDING FUNDS, PERSONNEL AND EQUIPMENT;
   (H)  CONFIGURATION  BY MODE, OPERATION AND ROUTE OF THE SERVICES TO BE
 PROVIDED AND THE FACILITIES TO BE OPERATED,  IDENTIFYING  MAJOR  PLANNED
 CHANGES IN SERVICES AND ROUTES;
   (I)  IDENTIFICATION  OF THE OPERATING AND CAPITAL COSTS AS COMPARED TO
 THE REVENUES ANTICIPATED FROM SYSTEM USERS FOR  THE  BIG  APPLE  TRANSIT
 AUTHORITY  AND  ITS SUBSIDIARIES AND THE NEW YORK CITY TRANSIT AUTHORITY
 AND ITS SUBSIDIARIES; AND
   (J) AN ANALYSIS OF THE RELATIONSHIP BETWEEN SPECIFIC  PLANNED  CAPITAL
 ELEMENTS CONTAINED IN APPROVED CAPITAL PROGRAM PLANS AND THE ACHIEVEMENT
 OF  PLANNED  SERVICE  AND  PERFORMANCE  STANDARDS.  SUCH  ANALYSIS SHALL
 INCLUDE THE RELATIONSHIP OF SPECIFIC PLANNED  CAPITAL  ELEMENTS  TO  THE
 ACHIEVEMENT  OF  SUCH  SERVICE AND PERFORMANCE STANDARDS FOR EACH SUBWAY
 LINE, BUS ROUTE OR GROUP OF BUS ROUTES AS APPROPRIATE.
   2. EACH ANNUAL UPDATE OF THE PLAN SHALL INCLUDE A STATUS REPORT SUMMA-
 RIZING THE EXTENT TO WHICH PLANNED  SERVICE  AND  PERFORMANCE  STANDARDS
 DEVELOPED FOR THE PREVIOUS YEAR WERE ACHIEVED, THE CAUSES OF ANY FAILURE
 TO  ACHIEVE  PROJECTED STANDARDS OF SERVICE, AND CORRECTIVE MEASURES THE
 AUTHORITY INTENDS TO TAKE TO AVOID NON-ACHIEVEMENT OF  PROJECTED  STAND-
 ARDS IN THE NEXT UPCOMING YEAR.
   3.  THE  BIG APPLE TRANSIT AUTHORITY SHALL TAKE INTO CONSIDERATION ANY
 PETITIONS FROM LOCAL OFFICIALS  FOR  IMPROVED  SERVICES,  INCLUDING  HOW
 THESE  SERVICE IMPROVEMENTS RELATE TO THE SERVICE AND PERFORMANCE STAND-
 ARDS DESCRIBED IN SUBDIVISION TWO OF THIS  SECTION,  AND  SHALL  CONSULT
 WITH APPROPRIATE LOCAL OFFICIALS IN ITS PREPARATION AND PERIODIC UPDATES
 TO THE OPERATION PLAN.
   §  1349-X.  FINANCIAL  AND  OPERATIONAL  REPORTS.  THE AUTHORITY SHALL
 SUBMIT TO THE MAYOR AND SPEAKER OF THE CITY COUNCIL, NO LATER THAN THIR-
 TY DAYS FOLLOWING THE SUBMISSION OF THE ANNUAL INDEPENDENT AUDIT  REPORT
 S. 2830                            108
 
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, A COMPLETE
 DETAILED REPORT OR REPORTS SETTING FORTH, TO THE EXTENT SUCH MATTERS ARE
 NOT  FULLY ADDRESSED IN THE ANNUAL INDEPENDENT AUDIT REPORT, THE FOLLOW-
 ING:
   1. ITS FINANCIAL REPORTS, INCLUDING:
   (A)  AUDITED  FINANCIALS IN ACCORDANCE WITH ALL APPLICABLE REGULATIONS
 AND FOLLOWING GENERALLY ACCEPTED ACCOUNTING  PRINCIPLES  AS  DEFINED  IN
 SUBDIVISION TEN OF SECTION TWO OF THE STATE FINANCE LAW;
   (B) GRANT AND SUBSIDY PROGRAMS;
   (C) OPERATING AND FINANCIAL RISKS;
   (D)  CURRENT  RATINGS OF ITS BONDS ISSUED BY RECOGNIZED MUNICIPAL BOND
 RATING AGENCIES AND NOTICE CHANGES IN SUCH RATINGS; AND
   (E) LONG-TERM  LIABILITIES,  INCLUDING  LEASES  AND  EMPLOYEE  BENEFIT
 PLANS; AND
   2.  AN  ASSESSMENT OF THE EFFECTIVENESS OF ITS INTERNAL CONTROL STRUC-
 TURE AND PROCEDURES, INCLUDING:
   (A) DESCRIPTIONS OF THE AUTHORITY AND  ITS  MAJOR  UNITS  AND  SUBSID-
 IARIES;
   (B)  THE  NUMBER  OF  EMPLOYEES, AND MINORITY AND WOMEN EMPLOYEES, FOR
 EACH;
   (C) AN ORGANIZATIONAL CHART;
   (D) ITS CHARTER, IF ANY AND BY-LAWS;
   (E) THE EXTENT OF PARTICIPATION BY  MINORITY  AND  WOMEN-OWNED  ENTER-
 PRISES  IN  AUTHORITY  CONTRACTS AND SERVICES IN ACCORDANCE WITH ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW; AND
   (F) A LISTING OF MATERIAL CHANGES IN INTERNAL OPERATIONS AND  PROGRAMS
 DURING THE REPORTING YEAR.
   §  1349-Y.  MISSION STATEMENT AND MEASUREMENT REPORT. 1. THE AUTHORITY
 SHALL SUBMIT TO THE MAYOR AND SPEAKER OF THE CITY COUNCIL, ON OR  BEFORE
 THE FIRST OF OCTOBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS TITLE, A
 PROPOSED  AUTHORITY  MISSION  STATEMENT  AND  PROPOSED MEASUREMENTS. THE
 PROPOSED MISSION STATEMENT AND  PROPOSED  MEASUREMENTS  SHALL  HAVE  THE
 FOLLOWING  COMPONENTS:  A BRIEF MISSION STATEMENT EXPRESSING THE PURPOSE
 AND GOALS OF THE AUTHORITY; A DESCRIPTION OF  THE  STAKEHOLDERS  OF  THE
 AUTHORITY  AND  THEIR  REASONABLE EXPECTATIONS FROM THE AUTHORITY, WHICH
 STAKEHOLDERS SHALL INCLUDE AT A MINIMUM: THE RESIDENTS AND TAXPAYERS  OF
 THE  AREA OF THE STATE SERVED BY THE AUTHORITY, THE PERSONS THAT USE THE
 SERVICES PROVIDED BY THE AUTHORITY, AND THE EMPLOYEES OF  THE  AUTHORITY
 AND ANY EMPLOYEE ORGANIZATION; THE GOALS OF THE AUTHORITY IN RESPONSE TO
 THE NEEDS OF EACH GROUP OF STAKEHOLDERS; AND A LIST OF MEASURES BY WHICH
 PERFORMANCE  OF  THE  AUTHORITY  AND THE ACHIEVEMENT OF ITS GOALS MAY BE
 EVALUATED.
   2. THE AUTHORITY SHALL THEREAFTER REEXAMINE ITS MISSION STATEMENT  AND
 MEASUREMENTS  ON AN ANNUAL BASIS AND PUBLISH ON ITS WEBSITE SELF-EVALUA-
 TIONS BASED ON THE STATED MEASURES.
   § 1349-Z. REQUIREMENTS FOR CERTAIN  AUTHORITY  CONTRACTS  AND  RELATED
 SUBCONTRACTS.  1. ANY CONTRACTOR OR SUBCONTRACTOR SUBJECT TO THE POSTING
 REQUIREMENTS OF PARAGRAPH  A  OF  SUBDIVISION  THREE-A  OF  SECTION  TWO
 HUNDRED  TWENTY OF THE LABOR LAW WITH RESPECT TO A PUBLIC WORKS CONTRACT
 OF THE AUTHORITY SHALL:
   (A) POST INFORMATION CONFORMING TO THE PROVISIONS OF  SUBDIVISION  TWO
 OF  THIS  SECTION  IN ONE OR MORE CONSPICUOUS PLACES AT EACH MAJOR WORK-
 PLACE SITE WHERE PERSONS WHO PERFORM WORK ON  THE  CONTRACT  OR  SUBCON-
 TRACT,  INCLUDING  MANAGEMENT,  ARE  MOST  LIKELY  TO SEE SUCH POSTINGS;
 PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED BY  THE  DISPLAYING  OF
 SUCH  INFORMATION WITH OTHER NOTICES THAT INFORM PERSONS OF RIGHTS UNDER
 S. 2830                            109
 
 FEDERAL OR STATE LAWS OR RULES, HUMAN RESOURCE POLICIES,  OR  COLLECTIVE
 BARGAINING AGREEMENTS;
   (B)  POST  INFORMATION CONFORMING TO THE PROVISIONS OF SUBDIVISION TWO
 OF THIS SECTION ON AN INTERNET AND INTRANET WEBSITE,  IF  ANY,  OF  THAT
 PERSON  OR BUSINESS ORGANIZATION; PROVIDED THAT, THIS REQUIREMENT MAY BE
 SATISFIED BY PROVIDING ON SUCH WEBSITE A CONSPICUOUS  HYPERLINK  TO  THE
 AUTHORITY  WEBSITE  MAINTAINED  PURSUANT  TO  SUBDIVISION  THREE OF THIS
 SECTION, WHICH HYPERLINK SHALL BE  LABELED  "PROTECTIONS  FOR  REPORTING
 FRAUD IN NEW YORK";
   (C)  DISTRIBUTE  INFORMATION  SPECIFIED  IN  SUBDIVISION  TWO  OF THIS
 SECTION TO THOSE PERSONS, INCLUDING EMPLOYEES AND MANAGERS, WHO  PERFORM
 WORK  ON  THE CONTRACT; PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED
 BY DISTRIBUTING SUCH INFORMATION IN AN EMPLOYEE HANDBOOK  OR  THROUGH  A
 SPECIFIC  ELECTRONIC COMMUNICATION CONTAINING THE INFORMATION TO A KNOWN
 ELECTRONIC MAIL ADDRESS MAINTAINED BY THE PERSON; AND
   (D) COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, AND PROVIDE TO THE
 AUTHORITY SATISFACTORY EVIDENCE OF SUCH COMPLIANCE, WITHIN NINETY DAYS.
   2. THE DISCLOSURES REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL:
   (A) PROVIDE THE TELEPHONE NUMBERS AND ADDRESSES TO REPORT  INFORMATION
 OF  FRAUD  OR  OTHER ILLEGAL ACTIVITY TO THE APPROPRIATE OFFICERS OF THE
 INSPECTOR GENERAL OF THE AUTHORITY  AND  THE  ATTORNEY  GENERAL  OF  THE
 STATE;
   (B)  DESCRIBE  IN  DETAIL  CONDUCT  PROHIBITED  BY SECTION ONE HUNDRED
 EIGHTY-NINE OF THE STATE FINANCE LAW,  AND  THE  ROLE  OF  THAT  ACT  IN
 PREVENTING AND DETECTING FRAUD AND ABUSE IN WORK PAID FOR BY THE AUTHOR-
 ITY OR WITH FUNDS ORIGINATING FROM THE AUTHORITY;
   (C)  NOTIFY  PROSPECTIVE  QUI  TAM PLAINTIFFS ON HOW TO FILE A QUI TAM
 ACTION, INCLUDING THE NECESSITY TO CONTACT PRIVATE  COUNSEL  SKILLED  IN
 FILING  SUCH  ACTIONS  AND  OF  THE  POTENTIAL  FOR CASH REWARDS IN SUCH
 ACTIONS BASED ON THE PERCENTAGE OF THE FUNDS RECOVERED  BY  THE  GOVERN-
 MENT; AND
   (D)  DESCRIBE PROHIBITIONS ON EMPLOYER RETALIATION AGAINST PERSONS WHO
 FILE OR ASSIST ACTIONS UNDER ARTICLE THIRTEEN OF THE STATE FINANCE  LAW,
 THE NEW YORK FALSE CLAIMS ACT PURSUANT TO SECTION ONE HUNDRED NINETY-ONE
 OF  THE  STATE FINANCE LAW, OR WHO REPORT ILLEGAL CONDUCT THAT THREATENS
 THE HEALTH OR SAFETY OF THE PUBLIC PURSUANT  TO  SECTION  SEVEN  HUNDRED
 FORTY OF THE LABOR LAW.
   3.  NO  LATER  THAN  FORTY-FIVE  DAYS AFTER THE EFFECTIVE DATE OF THIS
 SECTION, THE AUTHORITY SHALL ESTABLISH AND CONTINUOUSLY MAINTAIN ON  ITS
 PUBLIC  WEBSITE  AND  ITS  INTRANET  SITE  A PAGE THAT SHALL PROVIDE THE
 INFORMATION SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND THAT SHALL
 ALSO PROVIDE SAMPLE STATEMENTS, DISPLAYS AND  OTHER  MATERIALS  SUITABLE
 FOR  INSERTION  IN  EMPLOYEE  HANDBOOKS  OR  POSTING AT WORKPLACES OR ON
 WEBSITES THAT WOULD SATISFY THE DISCLOSURE REQUIREMENTS OF THIS SECTION.
   4. ON AND AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  THE  AUTHORITY
 SHALL  NOT  ENTER INTO ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS
 SECTION THAT DOES NOT INCORPORATE THE TERMS OF THIS SECTION.
   5. MATERIAL COMPLIANCE BY A COVERED PERSON  OR  BUSINESS  ORGANIZATION
 THAT  HAS  CONTRACTED  WITH THE AUTHORITY UNDER A CONTRACT THAT INCORPO-
 RATES THE TERMS OF THIS SECTION SHALL BE A MATERIAL CONDITION OF PAYMENT
 FOR THE PROVISION OF GOODS OR SERVICES.
   6. THE AUTHORITY IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS  AS
 ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   §  1349-AA. RESERVE FUNDS AND APPROPRIATIONS. THE AUTHORITY MAY CREATE
 AND ESTABLISH ONE OR MORE RESERVE FUNDS IN  ACCORDANCE  WITH  AGREEMENTS
 WITH BONDHOLDERS, NOTEHOLDERS OR THE HOLDERS OF OTHER OBLIGATIONS OF THE
 S. 2830                            110
 
 AUTHORITY  AND  MAY PAY INTO SUCH RESERVE FUNDS (A) ANY MONIES APPROPRI-
 ATED AND MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUNDS, (B)
 ANY PROCEEDS OF SALES OF NOTES, BONDS OR OTHER OBLIGATIONS TO THE EXTENT
 PROVIDED  IN  THE  RESOLUTION  OF THE AUTHORITY AUTHORIZING THE ISSUANCE
 THEREOF, AND (C) ANY OTHER MONEYS WHICH MAY BE  MADE  AVAILABLE  TO  THE
 AUTHORITY  FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE OR SOURC-
 ES. IN LIEU THEREOF, THE AUTHORITY MAY PROVIDE FOR THE  DEPOSIT  THEREIN
 OF,  OR  SUBSTITUTE FOR MONEYS ON DEPOSIT THEREIN, A LIQUIDITY OR CREDIT
 FACILITY, SURETY BOND OR OTHER SIMILAR AGREEMENT.
   § 1349-BB. BIG APPLE TRANSIT AUTHORITY SPECIAL ASSISTANCE FUND. 1. THE
 AUTHORITY SHALL CREATE AND ESTABLISH A FUND TO  BE  KNOWN  AS  THE  "BIG
 APPLE  TRANSIT  AUTHORITY  SPECIAL  ASSISTANCE FUND" WHICH SHALL BE KEPT
 SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS  OF  THE
 AUTHORITY.  THE  SPECIAL  ASSISTANCE  FUND SHALL CONSIST OF TWO SEPARATE
 ACCOUNTS: (I) THE "TRANSIT ACCOUNT"; AND (II) THE "CORPORATE TRANSPORTA-
 TION ACCOUNT".
   2. MONEYS IN THE TRANSIT ACCOUNT MAY  BE  PLEDGED  TO  THE  TRIBOROUGH
 BRIDGE  AND  TUNNEL  AUTHORITY  TO  SECURE  BONDS  AND  NOTES AND, IF SO
 PLEDGED, SHALL BE PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY  IN
 SUCH  AMOUNTS AND AT SUCH TIMES AS NECESSARY TO PAY OR TO REIMBURSE THAT
 AUTHORITY FOR ITS PAYMENT OF DEBT SERVICE AND  RESERVE  REQUIREMENTS  ON
 THAT PORTION OF SPECIAL TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY BONDS AND
 NOTES  ISSUED  BY THAT AUTHORITY PURSUANT TO SECTION FIVE HUNDRED FIFTY-
 THREE-D OF THIS CHAPTER FOR TRANSIT PROJECTS UNDERTAKEN FOR THE NEW YORK
 CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES. SUBJECT TO  THE  PROVISIONS
 OF  SUCH  PLEDGE,  ANY  EXCESS  MONEYS, OR IN THE EVENT THERE IS NO SUCH
 PLEDGE, ANY MONEYS IN SUCH ACCOUNT SHALL, AT THE DIRECTION  OF  THE  BIG
 APPLE  TRANSIT  AUTHORITY,  BE:  (A) DEPOSITED INTO ONE OR MORE FUNDS OR
 ACCOUNTS AND USED AS CONTEMPLATED BY  SECTION  THIRTEEN  HUNDRED  FORTY-
 NINE-DD  OF  THIS  TITLE;  OR  (B) USED FOR THE PAYMENT OF OPERATING AND
 CAPITAL COSTS OF THE NEW YORK CITY TRANSIT  AUTHORITY  AND  ITS  SUBSID-
 IARIES AND THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY.
   3. (A) MONEYS IN THE CORPORATE TRANSPORTATION ACCOUNT SHALL BE PLEDGED
 BY THE AUTHORITY, OR PLEDGED TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
 ITY, TO SECURE BONDS, NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY OR THE
 TRIBOROUGH  BRIDGE  AND TUNNEL AUTHORITY, AS THE CASE MAY BE, AND, IF SO
 PLEDGED TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, SHALL BE PAID  TO
 THE  TRIBOROUGH  BRIDGE AND TUNNEL AUTHORITY IN SUCH AMOUNTS AND AT SUCH
 TIMES AS NECESSARY TO PAY OR TO REIMBURSE THAT AUTHORITY FOR ITS PAYMENT
 OF DEBT SERVICE AND RESERVE REQUIREMENTS, IF ANY,  ON  THAT  PORTION  OF
 SPECIAL TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY BONDS AND NOTES ISSUED BY
 THAT  AUTHORITY  PURSUANT  TO SECTION FIVE HUNDRED FIFTY-THREE-D OF THIS
 CHAPTER. SUBJECT TO THE PROVISIONS OF ANY SUCH PLEDGE, OR IN  THE  EVENT
 THERE  IS NO SUCH PLEDGE, ANY EXCESS MONEYS IN THE CORPORATE TRANSPORTA-
 TION ACCOUNT MAY BE USED BY THE AUTHORITY FOR PAYMENT OF OPERATING COSTS
 OF, AND CAPITAL COSTS, INCLUDING DEBT SERVICE AND RESERVE  REQUIREMENTS,
 IF ANY, OF OR FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND
 THEIR SUBSIDIARIES AS THE AUTHORITY SHALL DETERMINE.
   §  1349-CC.  BIG  APPLE  TRANSIT AUTHORITY DEDICATED TAX FUND.  1. THE
 AUTHORITY SHALL ESTABLISH A FUND TO BE KNOWN AS THE "BIG  APPLE  TRANSIT
 AUTHORITY  DEDICATED  TAX  FUND"  WHICH  SHALL BE KEPT SEPARATE FROM AND
 SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY. THE FUND
 SHALL CONSIST OF A "PLEDGED AMOUNTS ACCOUNT" AND AN "OPERATING AND CAPI-
 TAL COSTS ACCOUNT" AND  SUCH  OTHER  ACCOUNTS  AND  SUBACCOUNTS  AS  THE
 AUTHORITY MAY DETERMINE.
   2. MONEYS IN THE FUND MAY BE:
 S. 2830                            111
 
   (A)  PLEDGED  BY THE AUTHORITY TO SECURE AND BE APPLIED TO THE PAYMENT
 OF ITS BONDS, NOTES OR OTHER OBLIGATIONS SPECIFIED BY THE AUTHORITY  AND
 ISSUED TO FINANCE: (I) TRANSIT PROJECTS UNDERTAKEN FOR THE NEW YORK CITY
 TRANSIT  AUTHORITY AND ITS SUBSIDIARIES; AND (II) TRANSPORTATION FACILI-
 TIES UNDERTAKEN FOR THE AUTHORITY AND ITS SUBSIDIARIES; AND
   (B)  USED FOR PAYMENT OF OPERATING COSTS, AND CAPITAL COSTS, INCLUDING
 DEBT SERVICE, RESERVE REQUIREMENTS,  IF  ANY,  THE  PAYMENT  OF  AMOUNTS
 REQUIRED  UNDER  BOND AND NOTE FACILITIES OR AGREEMENTS RELATED THERETO,
 THE PAYMENT OF FEDERAL GOVERNMENT LOANS, SECURITY OR CREDIT ARRANGEMENTS
 OR OTHER AGREEMENTS RELATED  THERETO,  AND  THE  PAYMENT  OF  ALL  COSTS
 RELATED  TO SUCH OBLIGATIONS, OF OR FOR THE AUTHORITY, THE NEW YORK CITY
 TRANSIT AUTHORITY AND THEIR SUBSIDIARIES AS THE AUTHORITY  SHALL  DETER-
 MINE. TO THE EXTENT MONEYS IN THE FUND HAVE BEEN PLEDGED BY THE AUTHORI-
 TY  TO  SECURE  AND  PAY ITS BONDS, NOTES OR OTHER OBLIGATIONS AS HEREIN
 PROVIDED, MONEYS DEPOSITED INTO THE FUND SHALL FIRST BE  DEPOSITED  INTO
 THE  PLEDGED  AMOUNTS  ACCOUNT  TO  THE  EXTENT NECESSARY TO SATISFY THE
 REQUIREMENTS OF ANY DEBT SERVICE OR RESERVE REQUIREMENTS, IF ANY, OF THE
 RESOLUTION AUTHORIZING SUCH BONDS, NOTES  OR  OTHER  OBLIGATIONS.  AFTER
 SATISFACTION OF SUCH REQUIREMENTS OF THE RESOLUTION, OR IF THE AUTHORITY
 HAS  NOT SO PLEDGED THE MONEYS IN THE FUND, MONEYS DEPOSITED IN THE FUND
 SHALL BE DIRECTLY DEPOSITED INTO THE OPERATING AND CAPITAL COSTS ACCOUNT
 AND, SUBJECT TO THE PROVISIONS OF ANY RESOLUTIONS OF THE  AUTHORITY  NOT
 SECURED  BY THE PLEDGED AMOUNTS ACCOUNT, TRANSFERRED FORTHWITH TO OR FOR
 THE BENEFIT OF THE NEW YORK CITY TRANSIT AUTHORITY AND ITS  SUBSIDIARIES
 AND THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY.
   3. ANY MONEYS DEPOSITED IN THE FUND SHALL BE HELD IN THE FUND FREE AND
 CLEAR  OF  ANY  CLAIM BY ANY PERSON ARISING OUT OF OR IN CONNECTION WITH
 ARTICLE THIRTEEN-A OF THE TAX LAW. WITHOUT LIMITING  THE  GENERALITY  OF
 THE  FOREGOING AND WITHOUT LIMITING THE RIGHTS AND DUTIES OF THE COMMIS-
 SIONER OF TAXATION AND FINANCE UNDER ARTICLE THIRTEEN-A OF THE TAX  LAW,
 OR  ANY OTHER PERSON, INCLUDING THE STATE, A PERSON SHALL HAVE ANY RIGHT
 OR CLAIM AGAINST THE AUTHORITY, ANY OF ITS BONDHOLDERS, THE AUTHORITY OR
 THE COMMUTER TRANSPORTATION AUTHORITY TO ANY MONEYS  IN  OR  DISTRIBUTED
 FROM THE FUND OR IN RESPECT OF A REFUND, REBATE, CREDIT OR REIMBURSEMENT
 OF TAXES PAID UNDER ARTICLE THIRTEEN-A OF THE TAX LAW.
   §  1349-DD. CONSOLIDATED FINANCINGS. 1. NOTWITHSTANDING ANY INCONSIST-
 ENT PROVISIONS OF THIS LAW OR ANY OTHER LAW, GENERAL, SPECIAL OR  LOCAL,
 THE  AUTHORITY  MAY  ISSUE  ITS  NOTES,  BONDS  AND OTHER OBLIGATIONS TO
 FINANCE  TRANSPORTATION  FACILITIES,  INCLUDING  TRANSIT  PROJECTS   AND
 TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY PROJECTS, UTILIZING A CONSOL-
 IDATED PLEDGE OF ALL OR ANY PORTION OF THE REVENUES AND OTHER MONEYS AND
 ASSETS OF THE AUTHORITY AND ITS  SUBSIDIARIES,  NEW  YORK  CITY  TRANSIT
 AUTHORITY  AND  ITS  SUBSIDIARIES,  AND THE TRIBOROUGH BRIDGE AND TUNNEL
 AUTHORITY, TOGETHER WITH THOSE OTHER SOURCES  OF  PAYMENT  DESCRIBED  IN
 THIS SECTION. IN CONNECTION THEREWITH, AT ITS DISCRETION, THE AUTHORITY,
 SUBJECT  TO  THE  RIGHTS  OF  THE HOLDERS OF NOTES, BONDS OR OTHER OBLI-
 GATIONS OF THE AUTHORITY, THE METROPOLITAN TRANSPORTATION AUTHORITY, THE
 NEW YORK CITY TRANSIT AUTHORITY OR  THE  TRIBOROUGH  BRIDGE  AND  TUNNEL
 AUTHORITY,  MAY:   (A) AGREE WITH THE NEW YORK CITY TRANSIT AUTHORITY OR
 THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY THAT ANY  SUCH  ENTITY  SHALL
 DEPOSIT  ALL  OR  ANY  PORTION  OF THE REVENUES, OTHER MONIES AND ASSETS
 RECEIVED BY IT OR ITS SUBSIDIARIES INTO ONE OR MORE FUNDS  OR  ACCOUNTS;
 AND  (B)  DEPOSIT  OR  CAUSE  TO BE DEPOSITED INTO ONE OR MORE FUNDS AND
 ACCOUNTS: (I) ALL OR ANY PORTION  OF  THE  REVENUES,  OTHER  MONIES  AND
 ASSETS  RECEIVED  BY THE AUTHORITY AND ITS SUBSIDIARIES; (II) ALL OR ANY
 PORTION OF THE ANNUAL OPERATING SURPLUS OF  THE  TRIBOROUGH  BRIDGE  AND
 S. 2830                            112

 TUNNEL  AUTHORITY  AS CERTIFIED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 TWO OF SECTION TWELVE HUNDRED NINETEEN-A OF THIS ARTICLE; (III)  ALL  OR
 ANY  PORTION OF THE AMOUNTS FROM THE OPERATING AND CAPITAL COSTS ACCOUNT
 OF THE METROPOLITAN TRANSPORTATION AUTHORITY DEDICATED TAX FUND REQUIRED
 TO  BE  DISTRIBUTED  TO  NEW  YORK  CITY  TRANSIT  AUTHORITY  UNDER  THE
 PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-C OF THIS ARTICLE; (IV) ALL
 OR ANY PORTION OF THE AVAILABLE MONIES IN THE  TRANSIT  ACCOUNT  OF  THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY  SPECIAL  ASSISTANCE FUND ESTAB-
 LISHED UNDER THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-A OF  THIS
 ARTICLE AVAILABLE FOR PAYMENT OF OPERATING AND CAPITAL COSTS OF NEW YORK
 CITY  TRANSIT  AUTHORITY  AND  ITS  SUBSIDIARIES AND STATEN ISLAND RAPID
 TRANSIT OPERATING AUTHORITY AS PROVIDED IN SUBDIVISION  TWO  OF  SECTION
 TWELVE  HUNDRED SEVENTY-A OF THIS ARTICLE; (V) ALL OR ANY PORTION OF THE
 AVAILABLE MONEYS IN THE CORPORATE TRANSPORTATION ACCOUNT OF  THE  METRO-
 POLITAN  TRANSPORTATION  AUTHORITY  SPECIAL  ASSISTANCE FUND ESTABLISHED
 UNDER THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-A OF THIS ARTICLE
 AVAILABLE FOR USE BY THE AUTHORITY FOR PAYMENT OF  OPERATING  COSTS  OF,
 AND  CAPITAL  COSTS, INCLUDING DEBT SERVICE AND RESERVE REQUIREMENTS, IF
 ANY, OF OR FOR THE AUTHORITY, THE NEW YORK CITY  TRANSIT  AUTHORITY  AND
 THEIR  SUBSIDIARIES  AS PROVIDED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
 SECTION TWELVE HUNDRED SEVENTY-A OF THIS ARTICLE;  AND  (VI)  ANY  OTHER
 MONIES  OF  THE  AUTHORITY,  ITS SUBSIDIARIES, THE NEW YORK CITY TRANSIT
 AUTHORITY AND ITS SUBSIDIARIES, AND THE  TRIBOROUGH  BRIDGE  AND  TUNNEL
 AUTHORITY FROM ANY SOURCE WHATSOEVER.
   2. AMOUNTS SO DEPOSITED IN SUCH FUNDS OR ACCOUNTS MAY BE:  (A) PLEDGED
 BY THE AUTHORITY TO SECURE, AND BE APPLIED TO, THE PAYMENT OF ITS BONDS,
 NOTES  OR  OTHER OBLIGATIONS ISSUED TO FINANCE TRANSPORTATION FACILITIES
 UNDERTAKEN FOR THE AUTHORITY AND ITS SUBSIDIARIES, TRANSPORTATION FACIL-
 ITIES, INCLUDING TRANSIT PROJECTS, UNDERTAKEN FOR NEW YORK CITY  TRANSIT
 AUTHORITY AND ITS SUBSIDIARIES, AND TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
 ITY  PROJECTS UNDERTAKEN FOR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
 AND (B) USED FOR PAYMENT OF OPERATING COSTS, AND CAPITAL COSTS,  INCLUD-
 ING  DEBT  SERVICE, RESERVE REQUIREMENTS, IF ANY, THE PAYMENT OF AMOUNTS
 REQUIRED UNDER BOND, NOTE OR OTHER FINANCING FACILITIES  OR  AGREEMENTS,
 AND  THE PAYMENT OF ALL COSTS RELATED TO SUCH OBLIGATIONS, OF OR FOR THE
 AUTHORITY AND ITS SUBSIDIARIES, AND THE NEW YORK CITY TRANSIT  AUTHORITY
 AND  ITS  SUBSIDIARIES  AS  THE  AUTHORITY  IN ITS FULL DISCRETION SHALL
 DETERMINE. TO THE EXTENT MONEYS SO DEPOSITED HAVE BEEN  PLEDGED  BY  THE
 AUTHORITY TO SECURE AND PAY ITS BONDS, NOTES OR OTHER OBLIGATIONS PURSU-
 ANT  TO  THIS SUBDIVISION, SUCH MONEYS SHALL FIRST BE APPLIED TO SATISFY
 THE REQUIREMENTS OF ANY DEBT SERVICE  OR  RESERVE  REQUIREMENTS  OF  THE
 RESOLUTION  OR RESOLUTIONS OR OTHER CONTRACTUAL ARRANGEMENTS AUTHORIZING
 SUCH BONDS, NOTES OR  OTHER  OBLIGATIONS.  AFTER  SATISFACTION  OF  SUCH
 REQUIREMENTS  OF  ANY SUCH RESOLUTION, RESOLUTIONS, OR OTHER CONTRACTUAL
 ARRANGEMENTS OR IF THE AUTHORITY HAS NOT SO PLEDGED  SUCH  MONEYS,  SUCH
 MONEYS  SO DEPOSITED, SUBJECT TO THE PROVISIONS OF ANY OTHER RESOLUTIONS
 OR CONTRACTUAL ARRANGEMENTS OF THE AUTHORITY AND THE NEW YORK CITY TRAN-
 SIT AUTHORITY AND APPLICABLE PROVISIONS OF LAW, MAY BE TRANSFERRED TO OR
 FOR THE BENEFIT OF THE AUTHORITY AND ITS SUBSIDIARIES AND NEW YORK  CITY
 TRANSIT AUTHORITY AND ITS SUBSIDIARIES. REVENUES AND OTHER MONIES OF THE
 AUTHORITY  AND  ITS SUBSIDIARIES AND NEW YORK CITY TRANSIT AUTHORITY AND
 ITS SUBSIDIARIES, RESPECTIVELY, WHICH ARE  DEPOSITED  IN  THE  FUNDS  OR
 ACCOUNTS  AUTHORIZED  BY  THIS SECTION, AS REDUCED BY ANY APPLICATION OF
 SUCH REVENUES OR MONIES TO THE PAYMENT OF DEBT SERVICE, RESERVE REQUIRE-
 MENTS, IF ANY, AND OTHER COSTS ATTRIBUTABLE TO THE FUNDING OF THE  CAPI-
 TAL  COSTS  OF SUCH ENTITY, SHALL BE ALLOCATED, CREDITED AND DISTRIBUTED
 S. 2830                            113
 
 TO SUCH SOURCE ENTITY. ANY OTHER REVENUES OR MONIES WHICH ARE  DEPOSITED
 IN  THE  FUNDS OR ACCOUNTS AUTHORIZED BY THIS SECTION WHICH ARE REQUIRED
 BY LAW TO BE ALLOCATED OR PAID TO THE AUTHORITY OR ITS  SUBSIDIARIES  OR
 NEW  YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES, SHALL BE ALLOCATED
 OR PAID TO THE ENTITY TO WHICH IT IS REQUIRED TO BE ALLOCATED OR PAID BY
 LAW AFTER REDUCTION BY AN AMOUNT EQUAL TO THE PORTION THEREOF APPLIED TO
 THE PAYMENT OF DEBT SERVICE, RESERVE REQUIREMENTS,  IF  ANY,  AND  OTHER
 COSTS  ATTRIBUTABLE  TO THE FUNDING OF THE CAPITAL COSTS OF SUCH ENTITY.
 IN DETERMINING THE AMOUNT OF DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY,
 AND OTHER COSTS ATTRIBUTABLE TO THE AUTHORITY AND ITS  SUBSIDIARIES  AND
 THE  NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, THE AUTHORITY
 SHALL MAKE SUCH CALCULATION BASED UPON THE PERCENTAGE OF THE PROCEEDS OF
 THE BONDS, NOTES AND OTHER OBLIGATIONS EXPENDED FOR  THE  CAPITAL  COSTS
 ATTRIBUTABLE  TO EACH SUCH ENTITY. THE AUTHORITY MAY UTILIZE ANY INTERIM
 ALLOCATION OF SUCH DISTRIBUTIONS, PROVIDED THAT WITHIN NINETY DAYS AFTER
 THE END OF EACH CALENDAR YEAR, THE  AUTHORITY  SHALL  CERTIFY  THAT  THE
 AGGREGATE  AMOUNT OF MONEYS TRANSFERRED TO EACH OF THE AUTHORITY AND ITS
 SUBSIDIARIES, AND THE NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSID-
 IARIES IN RESPECT OF SUCH CALENDAR YEAR, TAKING INTO ACCOUNT ANY INTERA-
 GENCY  REPAYMENTS  OR  REIMBURSEMENTS ANTICIPATED TO BE MADE IN THE NEXT
 SUCCEEDING CALENDAR YEAR, IS NOT LESS THAN THE AMOUNTS  REQUIRED  TO  BE
 PAID OR TRANSFERRED TO SUCH ENTITIES.
   3.  FOR THE PURPOSE OF APPROPRIATELY ALIGNING AND ALLOCATING THE ULTI-
 MATE RESPONSIBILITY FOR DEBT SERVICE AMONG AND BETWEEN THE AUTHORITY AND
 ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS  SUBSIDIARIES,
 OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, EACH BEING AN "AFFILIATED
 GROUP",  AND  EXCEPT  AS  OTHERWISE  AUTHORIZED  OR  REQUIRED BY LAW, IN
 CONNECTION WITH THE APPLICATION OF REVENUES, SUBSIDIES OR  OTHER  MONEYS
 OR  SECURITIES  OF AN AFFILIATED GROUP TO PAY THE DEBT SERVICE ATTRIBUT-
 ABLE TO BONDS, NOTES OR OTHER OBLIGATIONS WHICH PROVIDE FUNDING  OF  THE
 CAPITAL  COSTS OF ANOTHER AFFILIATED GROUP OR TO REFUND OR REDEEM BONDS,
 NOTES OR OTHER OBLIGATIONS, THE PROCEEDS OF WHICH WERE USED TO FUND  THE
 CAPITAL  COSTS  OF  ANOTHER  AFFILIATED  GROUP, THE AFFILIATED GROUP FOR
 WHOSE BENEFIT DEBT SERVICE IS PAID OR OBLIGATIONS REFUNDED OR  REDEEMED,
 SHALL  REPAY,  THROUGH  PAYMENTS, ADJUSTMENTS OR OTHER FORM OF RECONCIL-
 IATION, SUCH AMOUNTS TO THE AFFILIATED GROUP THAT MADE SUCH PAYMENTS NOT
 LATER THAN THE END OF THE NEXT SUCCEEDING FISCAL YEAR; PROVIDED,  HOWEV-
 ER,  THAT IN CONNECTION WITH ANY REFUNDING OR REDEMPTION OF BONDS, NOTES
 OR OTHER OBLIGATIONS, SUCH  REPAYMENT,  ADJUSTMENTS  OR  OTHER  FORM  OF
 RECONCILIATION  SHALL  BE  COMPLETED WITHIN THE PERIOD OF THE APPLICABLE
 CAPITAL PROGRAM PLAN.
   § 1349-EE. REGULATION OF CERTAIN AUTHORITY EXPENDITURES.  THE AUTHORI-
 TY SHALL IMPLEMENT  POLICIES  AS  APPROPRIATE  TO  MINIMIZE  UNWARRANTED
 EXPENSES AND TO PROTECT AGAINST ABUSES IN CONNECTION WITH (I) THE GRANT-
 ING  OF  ANY  PRIVILEGES  OR BENEFITS HAVING FINANCIAL VALUE, OTHER THAN
 WAGE PAYMENTS OR EXPENSE REIMBURSEMENTS, TO  MEMBERS  OR  STAFF  OF  THE
 AUTHORITY,  OR ANY SUBSIDIARY OR OTHER AUTHORITY CREATED BY THE AUTHORI-
 TY; AND (II) THE FULL-TIME AND PART-TIME ASSIGNMENT AND USE  OF  AUTOMO-
 BILES  OWNED  OR  LEASED  BY  THE  AUTHORITY, OR ANY SUBSIDIARY OR OTHER
 AUTHORITY CREATED BY THE AUTHORITY, AND THE USE BY  AUTHORITY  EMPLOYEES
 AND  BOARD MEMBERS OF LIVERY VEHICLES, AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-ONE-E OF THE VEHICLE AND TRAFFIC LAW.
   § 1349-FF. METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND. 1.  THE
 AUTHORITY SHALL ESTABLISH A FUND TO BE KNOWN AS THE "METROPOLITAN TRANS-
 PORTATION  AUTHORITY FINANCE FUND" WHICH SHALL BE KEPT SEPARATE FROM AND
 SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY.
 S. 2830                            114
 
   2. MONEYS IN THE FUND MAY BE: (A) PLEDGED BY THE AUTHORITY  TO  SECURE
 AND  BE  APPLIED TO THE PAYMENT OF THE BONDS, NOTES OR OTHER OBLIGATIONS
 OF THE AUTHORITY ISSUED ON OR AFTER THE EFFECTIVE DATE OF  THIS  SECTION
 TO  FINANCE  CAPITAL  PROJECTS OF THE AUTHORITY AND ITS SUBSIDIARIES AND
 THE  NEW  YORK  CITY TRANSIT AUTHORITY AND ANY SUBSIDIARIES; OR (B) USED
 FOR PAYMENT OF CAPITAL COSTS, INCLUDING DEBT SERVICE,  RESERVE  REQUIRE-
 MENTS,  IF  ANY,  THE  PAYMENT  OF  AMOUNTS REQUIRED UNDER BOND AND NOTE
 FACILITIES OR AGREEMENTS RELATED THERETO, THE PAYMENT OF FEDERAL GOVERN-
 MENT LOANS, SECURITY OR CREDIT ARRANGEMENTS OR OTHER AGREEMENTS  RELATED
 THERETO, AND THE PAYMENT OF ALL COSTS RELATED TO SUCH OBLIGATIONS, OF OR
 FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND THEIR SUBSID-
 IARIES  AS  THE  AUTHORITY SHALL DETERMINE. SUBJECT TO THE PROVISIONS OF
 ANY SUCH PLEDGE, OR IN THE EVENT THERE IS NO  SUCH  PLEDGE,  ANY  EXCESS
 MONEYS  IN THIS FUND MAY BE USED BY THE AUTHORITY FOR PAYMENT OF OPERAT-
 ING COSTS OF, AND CAPITAL COSTS,  INCLUDING  DEBT  SERVICE  AND  RESERVE
 REQUIREMENTS, IF ANY, OF OR FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT
 AUTHORITY  AND  THEIR  SUBSIDIARIES AS THE AUTHORITY SHALL DETERMINE. TO
 THE EXTENT MONEYS IN THE FUND HAVE BEEN  PLEDGED  BY  THE  AUTHORITY  TO
 SECURE  AND  PAY  THE BONDS, NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY
 ISSUED TO FINANCE CAPITAL PROJECTS OF THE AUTHORITY AND ITS SUBSIDIARIES
 AND THE NEW YORK CITY TRANSIT AUTHORITY AND ANY SUBSIDIARIES  AS  HEREIN
 PROVIDED,  MONEYS  DEPOSITED  INTO  THE  FUND  SHALL BE DEPOSITED TO THE
 EXTENT NECESSARY TO SATISFY THE REQUIREMENTS  OF  ANY  DEBT  SERVICE  OR
 RESERVE  REQUIREMENTS, IF ANY, OF THE RESOLUTION AUTHORIZING SUCH BONDS,
 NOTES OR OTHER OBLIGATIONS.
   3. ANY MONEYS DEPOSITED IN THE FUND SHALL BE HELD IN THE FUND FREE AND
 CLEAR OF ANY CLAIM BY ANY PERSON ARISING OUT OF OR  IN  CONNECTION  WITH
 ARTICLE  TWENTY-THREE OF THE TAX LAW. WITHOUT LIMITING THE GENERALITY OF
 THE FOREGOING AND WITHOUT LIMITING THE RIGHTS AND DUTIES OF THE  COMMIS-
 SIONER  OF  TAXATION  AND  FINANCE UNDER ARTICLE TWENTY-THREE OF THE TAX
 LAW, A PERSON SHALL HAVE ANY RIGHT OR CLAIM AGAINST THE  AUTHORITY,  ANY
 OF  THEIR  BONDHOLDERS, ANY OF THE AUTHORITY'S OTHER SUBSIDIARIES OR THE
 NEW YORK CITY TRANSIT AUTHORITY OR ANY SUBSIDIARY TO ANY  MONEYS  IN  OR
 DISTRIBUTED  FROM  THE FUND OR IN RESPECT OF A REFUND, REBATE, CREDIT OR
 REIMBURSEMENT OF TAXES PAID UNDER ARTICLE TWENTY-THREE OF THE TAX LAW.
   § 1349-GG. NEW YORK CITY  TRANSPORTATION  ASSISTANCE  FUND.  1.    THE
 AUTHORITY SHALL CREATE AND ESTABLISH A FUND TO BE KNOWN AS THE "NEW YORK
 CITY  TRANSPORTATION  ASSISTANCE FUND" WHICH SHALL BE KEPT SEPARATE FROM
 AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY.  THE
 NEW  YORK  CITY  TRANSPORTATION  ASSISTANCE  FUND SHALL CONSIST OF THREE
 SEPARATE ACCOUNTS: (I) THE "SUBWAY ACTION PLAN ACCOUNT"; (II) THE "OUTER
 BOROUGH TRANSPORTATION ACCOUNT"; AND (III) THE  "GENERAL  TRANSPORTATION
 ACCOUNT".
   2.  MONEYS  IN  THE  SUBWAY  ACTION PLAN ACCOUNT SHALL BE USED FOR THE
 EXCLUSIVE PURPOSE OF FUNDING THE OPERATING  AND  CAPITAL  COSTS  OF  THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY'S  NEW  YORK  CITY SUBWAY ACTION
 PLAN. SUCH FUNDS MAY BE USED FOR INFRASTRUCTURE INCLUDING  CONSTRUCTION,
 RECONSTRUCTION,   RECONDITIONING   AND  PRESERVATION  OF  TRANSPORTATION
 SYSTEMS, FACILITIES AND EQUIPMENT,  ACQUISITION  OF  PROPERTY,  AND  FOR
 OPERATING  COSTS  INCLUDING  PERSONAL  SERVICES,  NON-PERSONAL SERVICES,
 FRINGE BENEFITS, AND CONTRACTUAL SERVICES. FUNDS MAY ALSO BE USED TO PAY
 OR TO REIMBURSE THE AUTHORITY  FOR  ITS  PAYMENT  OF  DEBT  SERVICE  AND
 RESERVE REQUIREMENTS ON THAT PORTION OF AUTHORITY BONDS AND NOTES ISSUED
 BY  THE  AUTHORITY  FOR CAPITAL COSTS OF THE METROPOLITAN TRANSPORTATION
 AUTHORITY'S NEW YORK CITY SUBWAY ACTION PLAN.
 S. 2830                            115
 
   3. MONEYS IN THE OUTER BOROUGH TRANSPORTATION ACCOUNT  SHALL  BE  USED
 FOR  THE EXCLUSIVE PURPOSE OF FUNDING THE OPERATING AND CAPITAL COSTS OF
 METROPOLITAN TRANSPORTATION AUTHORITY FACILITIES, EQUIPMENT AND SERVICES
 IN THE COUNTIES OF BRONX, KINGS, QUEENS AND RICHMOND, AND  ANY  PROJECTS
 IMPROVING  TRANSPORTATION  CONNECTIONS  FROM  SUCH  COUNTIES TO NEW YORK
 COUNTY.  SUCH  FUNDS  MAY   BE   USED   FOR   INFRASTRUCTURE   INCLUDING
 CONSTRUCTION,  RECONSTRUCTION, RECONDITIONING AND PRESERVATION OF TRANS-
 PORTATION SYSTEMS, FACILITIES AND EQUIPMENT,  ACQUISITION  OF  PROPERTY,
 AND  FOR  OPERATING  COSTS  INCLUDING  PERSONAL  SERVICES,  NON-PERSONAL
 SERVICES, FRINGE BENEFITS, AND CONTRACTUAL SERVICES. FUNDS MAY  ALSO  BE
 USED TO FUND A TOLL REDUCTION PROGRAM FOR ANY CROSSINGS UNDER THE JURIS-
 DICTION OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES
 OR AFFILIATES. FUNDS MAY ALSO BE USED TO PAY OR TO REIMBURSE THE AUTHOR-
 ITY  FOR  ITS  PAYMENT  OF DEBT SERVICE AND RESERVE REQUIREMENTS ON THAT
 PORTION OF AUTHORITY BONDS AND  NOTES  THAT  HAVE  BEEN  ISSUED  BY  THE
 AUTHORITY  SPECIFICALLY  FOR  THE  AUTHORIZED  PURPOSE  OF THIS ACCOUNT.
 NOTWITHSTANDING ANY LAW TO THE CONTRARY, FINAL APPROVAL OF  THE  USE  OF
 ANY  FUNDS  PAID  INTO THE OUTER BOROUGH TRANSPORTATION ACCOUNT SHALL BE
 APPROVED BY THE MAYOR.
   4. MONEYS IN THE GENERAL TRANSPORTATION  ACCOUNT  SHALL  BE  USED  FOR
 FUNDING  THE OPERATING AND CAPITAL COSTS OF THE METROPOLITAN TRANSPORTA-
 TION AUTHORITY. SUCH FUNDS MAY  BE  USED  FOR  INFRASTRUCTURE  INCLUDING
 CONSTRUCTION,  RECONSTRUCTION, RECONDITIONING AND PRESERVATION OF TRANS-
 PORTATION SYSTEMS, FACILITIES AND EQUIPMENT,  ACQUISITION  OF  PROPERTY,
 AND  FOR  OPERATING  COSTS  INCLUDING  PERSONAL  SERVICES,  NON-PERSONAL
 SERVICES, FRINGE BENEFITS, AND CONTRACTUAL SERVICES. FUNDS MAY  ALSO  BE
 USED  TO  PAY  OR  TO  REIMBURSE  THE  AUTHORITY FOR ITS PAYMENT OF DEBT
 SERVICE AND RESERVE REQUIREMENTS ON THAT PORTION OF AUTHORITY BONDS  AND
 NOTES  THAT  HAVE  BEEN  ISSUED  BY  THE  AUTHORITY SPECIFICALLY FOR THE
 PURPOSES OF THIS ACCOUNT.
   5. ANY REVENUES DEPOSITED IN THE SUBWAY ACTION PLAN ACCOUNT, THE OUTER
 BOROUGH TRANSPORTATION ACCOUNT, OR THE  GENERAL  TRANSPORTATION  ACCOUNT
 PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION SHALL BE USED EXCLUSIVELY
 FOR THE PURPOSES DESCRIBED, RESPECTIVELY, IN  SUBDIVISIONS  TWO,  THREE,
 AND  FOUR OF THIS SECTION. SUCH REVENUES SHALL ONLY SUPPLEMENT AND SHALL
 NOT SUPPLANT ANY FEDERAL, STATE, OR LOCAL FUNDS EXPENDED BY  THE  METRO-
 POLITAN TRANSPORTATION AUTHORITY, SUCH AUTHORITY'S AFFILIATES OR SUBSID-
 IARIES FOR SUCH RESPECTIVE PURPOSES.
   6.  ANY  REVENUES  DEPOSITED  INTO  THE  NEW  YORK CITY TRANSPORTATION
 ASSISTANCE FUND PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE
 DIVERTED INTO THE GENERAL FUND OF THE STATE, ANY OTHER  FUND  MAINTAINED
 FOR  THE  SUPPORT  OF  ANY  OTHER GOVERNMENTAL PURPOSE, OR FOR ANY OTHER
 PURPOSE NOT AUTHORIZED BY SUBDIVISIONS  TWO,  THREE  AND  FOUR  OF  THIS
 SECTION.
   7.  THE  AUTHORITY  SHALL  REPORT ON THE RECEIPT AND USES OF ALL FUNDS
 RECEIVED BY THE NEW YORK CITY TRANSPORTATION  ASSISTANCE  FUND,  AND  IN
 EACH OF ITS ACCOUNTS, TO THE DIRECTOR OF THE BUDGET, THE TEMPORARY PRES-
 IDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON AN ANNUAL BASIS
 NO LATER THAN THE FIRST DAY OF FEBRUARY.
   § 1349-HH. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO AND
 AGREE WITH THE AUTHORITY AND ITS SUBSIDIARIES, THE NEW YORK CITY TRANSIT
 AUTHORITY  AND  ITS  SUBSIDIARIES,  AND THE TRIBOROUGH BRIDGE AND TUNNEL
 AUTHORITY, AND THE HOLDERS OF ANY NOTES,  BONDS  OR  OTHER  OBLIGATIONS,
 INCLUDING  LEASE  OBLIGATIONS, ISSUED OR INCURRED UNDER THIS TITLE, THAT
 THE STATE SHALL NOT LIMIT OR ALTER THE DENIAL OF AUTHORITY UNDER  SUBDI-
 VISION  NINE  OF SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS TITLE, OR
 S. 2830                            116
 
 THE RIGHTS AND POWERS VESTED IN THE AUTHORITY AND ITS SUBSIDIARIES,  THE
 NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH
 BRIDGE  AND  TUNNEL  AUTHORITY BY THIS TITLE TO FULFILL THE TERMS OF ANY
 AGREEMENTS  MADE  BY ANY OF THEM WITH THE HOLDERS THEREOF, OR IN ANY WAY
 IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS UNTIL SUCH  NOTES,  BONDS
 OR  OTHER  OBLIGATIONS,  INCLUDING  LEASE OBLIGATIONS, TOGETHER WITH THE
 INTEREST THEREON, WITH INTEREST ON ANY UNPAID INSTALLMENTS OF  INTEREST,
 AND  ALL COSTS AND EXPENSES FOR WHICH THE AUTHORITY OR ITS SUBSIDIARIES,
 THE NEW YORK CITY  TRANSIT  AUTHORITY  AND  ITS  SUBSIDIARIES,  AND  THE
 TRIBOROUGH  BRIDGE AND TUNNEL AUTHORITY IS LIABLE IN CONNECTION WITH ANY
 ACTION OR PROCEEDING BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET  AND
 DISCHARGED. THE AUTHORITY AND ITS SUBSIDIARIES, THE NEW YORK CITY TRANS-
 IT  AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL
 AUTHORITY ARE EACH AUTHORIZED TO INCLUDE THIS PLEDGE  AND  AGREEMENT  OF
 THE  STATE  IN  ANY  AGREEMENT  WITH THE HOLDERS OF SUCH NOTES, BONDS OR
 OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS.
   § 1349-II. RIGHT OF STATE TO REQUIRE REDEMPTION OF  BONDS.    NOTWITH-
 STANDING,  AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS
 WHICH MAY BE CONTAINED IN ANY CONTRACT WITH THE HOLDERS  OF  THE  BONDS,
 THE  STATE  MAY,  UPON FURNISHING SUFFICIENT FUNDS THEREFOR, REQUIRE THE
 AUTHORITY TO REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE  OF  BONDS
 ON  ANY  INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE
 OF THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR  FACE
 VALUE  AND  ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS MAY BE
 PROVIDED IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS  A  WHOLE  ON
 THE  REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT
 LEAST TWO NEWSPAPERS PUBLISHING  AND  CIRCULATING  RESPECTIVELY  IN  THE
 CITIES  OF  ALBANY AND NEW YORK AT LEAST TWICE, THE FIRST PUBLICATION TO
 BE AT LEAST THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
   § 1349-JJ. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS. 1.  IN  THE  EVENT
 THAT  THE  AUTHORITY  SHALL  DEFAULT  IN  THE PAYMENT OF PRINCIPAL OF OR
 INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
 WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT  SHALL
 CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
 SHALL  FAIL  OR  REFUSE  TO  COMPLY WITH THE PROVISIONS OF THIS TITLE OR
 SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS  OF  ANY  ISSUE  OF
 NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
 CIPAL  AMOUNT  OF  THE NOTES OR BONDS OF SUCH ISSUE THEN OUTSTANDING, BY
 INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
 IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
 EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
 TO REPRESENT THE HOLDERS  OF  SUCH  NOTES  OR  BONDS  FOR  THE  PURPOSES
 PROVIDED BY THIS SECTION.
   2.  SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
 TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT  OF  SUCH  NOTES  OR  BONDS  THEN
 OUTSTANDING, SHALL, IN HIS OR HER OWN NAME:
   (A)  BY  SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
 TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS  OR  BONDHOLD-
 ERS,  INCLUDING  THE  RIGHT  TO  REQUIRE THE AUTHORITY TO COLLECT FARES,
 TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT  ANY
 AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
 ES  AND  OTHER  FEES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
 AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND  TO  PERFORM  ITS
 DUTIES UNDER THIS TITLE;
   (B) BRING SUIT UPON SUCH NOTES OR BONDS;
 S. 2830                            117
 
   (C)  BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
 THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
   (D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
 OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS; AND
   (E)  DECLARE  ALL  SUCH  NOTES  OR  BONDS  DUE AND PAYABLE, AND IF ALL
 DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF  THE  HOLDERS  OF
 TWENTY-FIVE  PER  CENTUM  OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS
 THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
   3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING  HAVE  AND  POSSESS
 ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
 TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
 TATION  OF  BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND PROTECTION
 OF THEIR RIGHTS.
   4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY  SUIT,  ACTION  OR
 PROCEEDING  BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.
 THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE  LAID  IN  THE
 COUNTY  IN  WHICH  THE INSTRUMENT OR INSTRUMENTS ARE FILED IN ACCORDANCE
 WITH SUBDIVISION ONE OF THIS SECTION.
   5. BEFORE DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE  AND  PAYABLE,
 THE  TRUSTEE  SHALL  FIRST  GIVE THIRTY DAYS' NOTICE, IN WRITING, TO THE
 MAYOR, THE AUTHORITY, THE COMPTROLLER AND THE PUBLIC ADVOCATE.
   § 1349-KK. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS OF
 THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH  ALL  PUBLIC  OFFICERS
 AND  BODIES  OF  THE STATE AND ALL MUNICIPALITIES AND POLITICAL SUBDIVI-
 SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND  ALL  OTHER  PERSONS
 CARRYING  ON AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES,
 SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
 CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
 PERSONS CARRYING ON A BANKING BUSINESS, ALL  ADMINISTRATORS,  GUARDIANS,
 EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
 EVER WHO ARE NOW OR WHO MAY HEREINAFTER BE AUTHORIZED TO INVEST IN BONDS
 OR  OTHER  OBLIGATIONS  OF  THE  STATE,  MAY PROPERLY AND LEGALLY INVEST
 FUNDS, INCLUDING  CAPITAL,  IN  THEIR  CONTROL  OR  BELONGING  TO  THEM.
 NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW, THE BONDS OF THE AUTHORITY
 ARE ALSO HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE
 RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICI-
 PALITIES AND POLITICAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOS-
 IT OF BONDS OR OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY  HEREINAFTER
 BE AUTHORIZED.
   § 1349-LL. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND, DETERMINED AND
 DECLARED  THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS
 PURPOSES IS, IN ALL RESPECTS, FOR THE BENEFIT OF THE PEOPLE OF THE  CITY
 OF  NEW  YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND PROS-
 PERITY AND IS A PUBLIC PURPOSE, AND THAT THE AUTHORITY SHALL BE PERFORM-
 ING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE  EXERCISE  OF  THE  POWERS
 CONFERRED  UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY OF THE
 FOLLOWING PROVISIONS OF THIS SECTION, PROPERTY OWNED BY  THE  AUTHORITY,
 PROPERTY  LEASED  BY THE AUTHORITY AND USED FOR TRANSPORTATION PURPOSES,
 AND PROPERTY USED FOR TRANSPORTATION PURPOSES BY OR FOR THE  BENEFIT  OF
 THE  AUTHORITY EXCLUSIVELY PURSUANT TO THE PROVISIONS OF A JOINT SERVICE
 ARRANGEMENT OR OF A JOINT FACILITIES AGREEMENT OR TRACKAGE RIGHTS AGREE-
 MENT SHALL ALL BE EXEMPT FROM TAXATION AND SPECIAL  AD  VALOREM  LEVIES.
 THE  AUTHORITY  SHALL  BE REQUIRED TO PAY NO FEES, TAXES OR ASSESSMENTS,
 WHETHER STATE OR LOCAL, INCLUDING BUT NOT  LIMITED  TO  FEES,  TAXES  OR
 ASSESSMENTS ON REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE
 TAXES,  UPON  ANY  OF ITS PROPERTY, OR UPON THE USE THEREOF, OR UPON ITS
 S. 2830                            118
 
 ACTIVITIES IN THE OPERATION AND MAINTENANCE OF ITS FACILITIES OR ON  ANY
 FARES,  TOLLS,  RENTALS, RATES, CHARGES OR OTHER FEES, REVENUES OR OTHER
 INCOME RECEIVED BY THE AUTHORITY AND THE BONDS OF THE AUTHORITY AND  THE
 INCOME  THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM TAXATION, EXCEPT FOR
 GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS. THIS SECTION SHALL CONSTI-
 TUTE A COVENANT AND AGREEMENT WITH THE HOLDERS OF ALL  BONDS  ISSUED  BY
 THE  AUTHORITY. THE TERMS "TAXATION" AND "SPECIAL AD VALOREM LEVY" SHALL
 HAVE THE SAME MEANINGS AS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL
 PROPERTY TAX LAW AND THE TERM "TRANSPORTATION PURPOSES" SHALL  HAVE  THE
 SAME  MEANING  AS USED IN TITLES TWO-A AND TWO-B OF ARTICLE FOUR OF SUCH
 LAW.
   § 1349-MM. ACTIONS AGAINST THE AUTHORITY. 1. AS  A  CONDITION  TO  THE
 CONSENT  OF  THE  STATE  TO SUITS AGAINST THE AUTHORITY, IN EVERY ACTION
 AGAINST THE AUTHORITY FOR DAMAGES, FOR  INJURIES  TO  REAL  OR  PERSONAL
 PROPERTY  OR  FOR  THE  DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR
 DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT  AT  LEAST  THIRTY
 DAYS  HAVE  ELAPSED  SINCE  THE  DEMAND, CLAIM OR CLAIMS UPON WHICH SUCH
 ACTION IS FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY  OR  OTHER
 OFFICER DESIGNATED FOR SUCH PURPOSE AND THAT THE AUTHORITY HAS NEGLECTED
 OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
   2.  AN  ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT AN ACTION
 FOR WRONGFUL DEATH, SHALL NOT BE  COMMENCED  MORE  THAN  FIFTEEN  MONTHS
 AFTER  THE  CAUSE  OF  ACTION  THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A
 NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE  TIME
 LIMITED  BY  AND  IN  COMPLIANCE  WITH  ALL  THE REQUIREMENTS OF SECTION
 FIFTY-E OF THE GENERAL MUNICIPAL LAW. AN ACTION  AGAINST  THE  AUTHORITY
 FOR  WRONGFUL  DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF
 CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE  OF
 THIS CHAPTER.
   3.  THE  AUTHORITY  SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
 THE EXTENT THAT IT SHALL SAVE HARMLESS ANY  DULY  APPOINTED  OFFICER  OR
 EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
 EE,  IN  THE  OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
 OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF  THE  AUTHORITY
 IN  THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
 TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF,  WHILE  OTHERWISE
 ACTING  IN  THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
 HIS OR HER EMPLOYMENT.
   4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT  AN
 ACCOUNT  OR  CLAIM  FOR  ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
 SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER  OR  EMPLOYEE  OF
 THE  AUTHORITY  DESIGNATED  FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
 CLAIM AND WHEN SO SWORN TO ANSWER ORALLY AS TO  ANY  FACTS  RELATIVE  TO
 SUCH  ACCOUNT  OR  CLAIM.  THE  AUTHORITY  SHALL HAVE POWER TO SETTLE OR
 ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
   5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY  JUDGMENT
 FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
   6.  THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT FOR
 SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
 OF THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION  OF
 THE  AUTHORITY  SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION AS IF
 SUCH SUBSIDIARY CORPORATION  WERE  SEPARATELY  NAMED  HEREIN,  PROVIDED,
 HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY WHICH IS A STOCK
 CORPORATION  SHALL  NOT  BE  SUBJECT  TO  THE PROVISIONS OF THIS SECTION
 EXCEPT WITH RESPECT TO THOSE CAUSES OF ACTION ARISING ON AND  AFTER  THE
 FIRST DAY OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR MONTH IN
 S. 2830                            119
 
 WHICH  SUCH  STOCK  CORPORATION  BECOMES A SUBSIDIARY CORPORATION OF THE
 AUTHORITY.
   § 1349-NN. ANNUAL AUDIT OF AUTHORITY. THE COMPTROLLER SHALL CONDUCT AN
 ANNUAL  AUDIT  OF THE BOOKS AND RECORDS OF THE AUTHORITY AND ITS SUBSID-
 IARY CORPORATIONS. SUCH AUDIT SHALL  INCLUDE  A  COMPLETE  AND  THOROUGH
 EXAMINATION  OF  SUCH  AUTHORITY'S RECEIPTS, DISBURSEMENTS, REVENUES AND
 EXPENSES DURING THE PRIOR FISCAL YEAR IN ACCORDANCE WITH THE  CATEGORIES
 OR  CLASSIFICATIONS  ESTABLISHED BY SUCH AUTHORITY FOR ITS OWN OPERATING
 AND CAPITAL OUTLAY PURPOSES; ASSETS AND LIABILITIES AT THE  END  OF  ITS
 LAST  FISCAL YEAR INCLUDING THE STATUS OF RESERVE, DEPRECIATION, SPECIAL
 OR OTHER FUNDS AND INCLUDING THE RECEIPTS AND PAYMENTS OF  THESE  FUNDS;
 SCHEDULE  OF  BONDS  AND NOTES OUTSTANDING AT THE END OF ITS FISCAL YEAR
 AND THEIR REDEMPTION DATES, TOGETHER WITH A  STATEMENT  OF  THE  AMOUNTS
 REDEEMED  AND INCURRED DURING SUCH FISCAL YEAR; OPERATIONS, DEBT SERVICE
 AND CAPITAL CONSTRUCTION DURING THE PRIOR FISCAL YEAR.
   THE COMPTROLLER, UPON COMPLETION OF SUCH  AUDIT,  SHALL  WITHIN  SIXTY
 DAYS  THEREAFTER,  REPORT  TO  THE  MAYOR AND CITY COUNCIL OF HIS OR HER
 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS THEREOF.
   § 1349-OO. AUTHORITY BUDGET AND FINANCIAL PLAN. 1. IN ADDITION TO  THE
 REQUIREMENTS  OF  SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, EACH
 AUTHORITY BUDGET AND PLAN SHALL BE POSTED ON ITS WEBSITE AND SHALL:  (A)
 PRESENT  INFORMATION  RELATING TO THE AUTHORITY AND EACH OF ITS AGENCIES
 IN A CLEAR AND CONSISTENT MANNER AND FORMAT; (B) BE PREPARED IN  ACCORD-
 ANCE  WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, EXCEPT AS OTHERWISE
 CONSENTED TO BY THE COMPTROLLER UPON A SHOWING OF  GOOD  CAUSE;  (C)  BE
 BASED  ON  REASONABLE ASSUMPTIONS AND METHODS OF ESTIMATION; (D) INCLUDE
 ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES; (E) IDENTIFY ANY
 PLANNED TRANSACTION THAT WOULD SHIFT RESOURCES, FROM  ANY  SOURCE,  FROM
 ONE  FISCAL  YEAR  TO  ANOTHER,  AND THE AMOUNT OF ANY RESERVES; AND (F)
 CONTAIN A SUMMARY IN PLAIN ENGLISH OF THE PRINCIPAL INFORMATION  IN  THE
 BUDGET AND CONCLUSIONS TO BE DRAWN FROM IT.
   2.   THE  AUTHORITY  SHALL  PREPARE  AND  MAKE  AVAILABLE  FOR  PUBLIC
 INSPECTION ON ITS WEBSITE INFORMATION THAT DETAILS THE SOURCES  OF  DATA
 AND  THE  ASSUMPTIONS  AND  METHODS  OF ESTIMATION USED TO CALCULATE ALL
 OPERATING AND CAPITAL  BUDGET  PROJECTIONS,  CONSISTENT  WITH  GENERALLY
 ACCEPTED BUDGETARY PRACTICES.
   3.  THE  AUTHORITY  SHALL  ESTABLISH, AT LEAST ANNUALLY, THE QUARTERLY
 REVENUE AND EXPENSE TARGETS FOR THE AUTHORITY, AND FOR  EACH  SUBSIDIARY
 OR  OTHER  AUTHORITY  CREATED  BY  THE AUTHORITY ITSELF AND FOR WHICH IT
 REPORTS FINANCIAL DATA.
   4.  THE  AUTHORITY  SHALL  PREPARE  AND  MAKE  AVAILABLE  FOR   PUBLIC
 INSPECTION  ON  ITS WEBSITE: (A) WITHIN SIXTY DAYS OF THE RELEASE OF THE
 ADOPTED BUDGET AND ANY UPDATES TO THE BUDGET,  EXCEPT  UPDATES  RELEASED
 WITHIN  NINETY DAYS OF THE CLOSE OF THE FISCAL YEAR, MONTHLY PROJECTIONS
 FOR THE CURRENT FISCAL YEAR OF ALL REVENUES AND EXPENSES,  STAFFING  FOR
 THE  AUTHORITY AND EACH OF ITS AGENCIES, AND UTILIZATION FOR EACH OF THE
 AUTHORITY'S AGENCIES  THAT  OPERATE  TRANSPORTATION  SYSTEMS,  INCLUDING
 BRIDGES AND TUNNELS; (B) WITHIN SIXTY DAYS AFTER THE CLOSE OF EACH QUAR-
 TER,  A  COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL STAFFING AND
 ACTUAL UTILIZATION TO PLANNED  OR  PROJECTED  LEVELS  FOR  EACH  OF  THE
 AUTHORITY'S  AGENCIES  THAT  OPERATE  TRANSPORTATION  SYSTEMS, INCLUDING
 BRIDGES AND TUNNELS, WITH AN EXPLANATION OF EACH MATERIAL  VARIANCE  AND
 ITS BUDGETARY IMPACT; AND (C) WITHIN NINETY DAYS AFTER THE CLOSE OF EACH
 QUARTER,  THE  STATUS  OF  EACH  GAP-CLOSING INITIATIVE WITH A PROJECTED
 VALUE GREATER THAN ONE MILLION DOLLARS IN ANY  GIVEN  FISCAL  YEAR;  THE
 STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED
 S. 2830                            120
 
 TO  COMMITMENTS,  EXPENDITURES  AND  COMPLETIONS;  AND AN EXPLANATION OF
 MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS.
   5.  FINANCIAL  INFORMATION  REQUIRED  TO BE SUBMITTED BY THE AUTHORITY
 PURSUANT TO PARAGRAPHS (D) AND (E) OF SUBDIVISION ONE OF  SECTION  THIR-
 TEEN  HUNDRED  FORTY-NINE-X OF THIS TITLE SHALL BE PRESENTED IN A FORMAT
 CONSISTENT WITH THE BUDGET AND PLAN, IN DOWNLOADABLE, SEARCHABLE FORMAT.
   § 1349-PP. INDEPENDENT AUDIT OF  AUTHORITY.  THE  INDEPENDENT  AUDITOR
 RETAINED  BY THE AUTHORITY SHALL NOT PROVIDE TO THE AUTHORITY, CONTEMPO-
 RANEOUSLY WITH THE AUDIT, UNLESS IT SHALL HAVE PREVIOUSLY RECEIVED WRIT-
 TEN APPROVAL BY THE AUDIT COMMITTEE, ANY NON-AUDIT SERVICE, INCLUDING:
   1. ROUTINE BOOKKEEPING OR OTHER SERVICES;
   2. FINANCIAL INFORMATION SYSTEMS DESIGN AND IMPLEMENTATION;
   3. APPRAISAL OR VALUATION SERVICES, FAIRNESS  OPINIONS,  OR  CONTRIBU-
 TION-IN-KIND REPORTS;
   4. ACTUARIAL SERVICES;
   5. OUTSOURCING SERVICES;
   6. AUTHORITY MANAGEMENT FUNCTIONS OR HUMAN RESOURCES;
   7.   BROKER  OR  DEALER,  INVESTMENT  ADVISOR  OR  INVESTMENT  BANKING
 SERVICES; AND
   8. LEGAL SERVICES AND EXPERT SERVICES UNRELATED TO THE AUDIT.
   § 1349-QQ. INDEPENDENT AUDIT BY THE LEGISLATURE. AFTER THE  SUBMISSION
 OF  THE  ANNUAL  INDEPENDENT AUDIT REPORT TO THE LEGISLATURE PURSUANT TO
 SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, AND  AFTER  REVIEW  OF
 SUCH  REPORT,  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY MAY COMMISSION  AN  AUDITING  FIRM,  EVERY  TWO  YEARS,  TO
 CONDUCT  AN  INDEPENDENT  AUDIT  OF THE AUTHORITY, INCLUDING ITS SUBSID-
 IARIES.  THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF  THE
 ASSEMBLY  SHALL  SET  THE SCOPE OF SUCH AUDIT AND DETERMINE THE TERMS OF
 THE REQUEST FOR PROPOSAL FOR SUCH AUDIT. SUCH AUDIT SHALL  BE  PERFORMED
 FOR  THE  SECOND  YEAR  AFTER  THE  EFFECTIVE  DATE OF THIS SECTION. THE
 AUTHORITY SHALL FULLY COOPERATE WITH AND ASSIST IN SUCH AN AUDIT.
   § 1349-RR. REPORTING. THE AUTHORITY SHALL POST ON ITS  WEBSITE  ON  OR
 BEFORE  THE  FIRST OF MAY, THE LAW FIRMS RETAINED BY THE AUTHORITY WHICH
 IN THE PAST YEAR RECEIVED PAYMENT FOR SERVICES IN SUCH YEAR.
   § 1349-SS. TRANSFER AND RECEIPT OF SURPLUS FUNDS.  NOTWITHSTANDING ANY
 PROVISION OF THIS TITLE OR ANY OTHER PROVISION OF LAW, GENERAL,  SPECIAL
 OR  LOCAL,  THE AUTHORITY MAY FROM TIME TO TIME TRANSFER AND PAY OVER TO
 NEW YORK CITY TRANSIT AUTHORITY OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
 TY ALL OR ANY PART OF ITS SURPLUS FUNDS; AND  MAY  ACCEPT  AND  USE  ANY
 MONEYS TRANSFERRED AND PAID OVER TO IT BY NEW YORK CITY TRANSIT AUTHORI-
 TY OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
   §  1349-TT. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEFFEC-
 TIVE. IF ANY PROVISION OF ANY SECTION OF THIS TITLE OR  THE  APPLICATION
 THEREOF  TO  ANY  PERSON  OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A
 COURT OF  COMPETENT  JURISDICTION,  SUCH  ORDER  OR  JUDGMENT  SHALL  BE
 CONFINED  IN  ITS OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED,
 AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY PROVISION OF ANY
 SECTION OF THIS TITLE OR THE APPLICATION OF  ANY  PART  THEREOF  TO  ANY
 OTHER  PERSON  OR  CIRCUMSTANCE  AND  TO THIS END THE PROVISIONS OF EACH
 SECTION OF THIS TITLE ARE HEREBY DECLARED TO BE SEVERABLE.
   § 1349-UU. BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL.  1. THERE IS
 HEREBY CREATED IN THE BIG APPLE TRANSIT AUTHORITY AN OFFICE OF BIG APPLE
 TRANSIT AUTHORITY INSPECTOR GENERAL.  THE  INSPECTOR  GENERAL  SHALL  BE
 APPOINTED  BY THE MAYOR WITH THE ADVICE AND CONSENT OF THE CITY COUNCIL.
 THE INSPECTOR GENERAL SHALL, PRIOR TO HIS OR HER APPOINTMENT,  HAVE  HAD
 AT  LEAST  TEN  YEARS  EXPERIENCE  IN  THE  MANAGEMENT OF TRANSPORTATION
 S. 2830                            121
 
 SERVICES, IN AUDITING AND INVESTIGATION OF GOVERNMENTAL  OPERATIONS,  OR
 IN SERVICES RELATED TO MANAGEMENT AND PRODUCTIVITY IMPROVEMENT. THE TERM
 OF  OFFICE  OF THE INSPECTOR GENERAL SHALL BE FIVE YEARS FROM THE EFFEC-
 TIVE  DATE  OF APPOINTMENT, AND HE OR SHE SHALL SERVE AT THE PLEASURE OF
 THE MAYOR. THE SALARY OF THE INSPECTOR GENERAL SHALL  BE  DETERMINED  BY
 THE AUTHORITY BOARD.
   2. THE INSPECTOR GENERAL SHALL ANNUALLY SUBMIT TO THE BOARD OF THE BIG
 APPLE  TRANSIT  AUTHORITY  A  BUDGET  REQUEST  FOR  THE OPERATION OF THE
 OFFICE. IF THE BOARD DISAPPROVES ANY PORTION OF  SUCH  REQUEST  AND  THE
 COMMISSIONER  DETERMINES  SUCH  DISAPPROVAL  TO  BE  UNREASONABLE,  SUCH
 COMMISSIONER SHALL WITHHOLD FROM PAYMENTS DUE SUCH AUTHORITY, THE AMOUNT
 SO DETERMINED TO BE UNREASONABLE AND TRANSFER SUCH AMOUNT TO THE  OFFICE
 OF THE BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL.
   3.  THE  INSPECTOR  GENERAL SHALL HAVE FULL AND UNRESTRICTED ACCESS TO
 ALL RECORDS, INFORMATION, DATA, REPORTS,  PLANS,  PROJECTIONS,  MATTERS,
 CONTRACTS,  MEMORANDA, CORRESPONDENCE AND ANY OTHER MATERIALS OF THE BIG
 APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, OR ANY OTHER AGENCY THAT MAY
 COME UNDER THE CONTROL OF THE AUTHORITY,  OR  WITHIN  THEIR  CUSTODY  OR
 CONTROL.
   4.  THE  INSPECTOR  GENERAL,  NOTWITHSTANDING  THE  PROVISIONS OF THIS
 TITLE, TITLE NINE OF THIS ARTICLE AND TITLE THREE OF  ARTICLE  THREE  OF
 THIS CHAPTER, SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   (A)  TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE OR UPON HIS
 OR HER OWN INITIATIVE CONCERNING  ALLEGED  ABUSES,  FRAUDS  AND  SERVICE
 DEFICIENCIES, INCLUDING DEFICIENCIES IN THE MAINTENANCE AND OPERATION OF
 FACILITIES, RELATING TO THE AUTHORITY AND ITS AFFILIATES;
   (B)  TO INITIATE SUCH REVIEWS AS HE OR SHE MAY DEEM APPROPRIATE OF THE
 OPERATIONS OF THE AUTHORITY AND ITS AFFILIATE SUBSIDIARIES, IN ORDER  TO
 IDENTIFY  AREAS  IN  WHICH  PERFORMANCE  MIGHT BE IMPROVED AND AVAILABLE
 FUNDS USED MORE EFFECTIVELY;
   (C) TO RECOMMEND REMEDIAL ACTIONS TO BE TAKEN BY THE AUTHORITY AND ITS
 AFFILIATES, TO OVERCOME OR CORRECT OPERATING OR MAINTENANCE DEFICIENCIES
 AND INEFFICIENCIES THAT HE OR SHE DETERMINES TO EXIST;
   (D) TO MAKE AVAILABLE TO APPROPRIATE LAW ENFORCEMENT OFFICIALS  INFOR-
 MATION  AND  EVIDENCE  THAT  RELATE  TO CRIMINAL ACTS THAT HE OR SHE MAY
 OBTAIN IN CARRYING OUT HIS OR HER DUTIES;
   (E) TO SUBPOENA WITNESSES,  ADMINISTER  OATHS  OR  AFFIRMATIONS,  TAKE
 TESTIMONY  AND  COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
 DOCUMENTS AS HE OR SHE MAY DEEM TO BE RELEVANT TO ANY INQUIRY OR  INVES-
 TIGATION UNDERTAKEN PURSUANT TO THIS SECTION AND TO DELEGATE SUCH POWERS
 TO A DULY AUTHORIZED DEPUTY INSPECTOR GENERAL;
   (F)  TO  MONITOR  THE  IMPLEMENTATION BY THE AUTHORITY AND ITS SUBSID-
 IARIES, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND THE NEW YORK CITY
 TRANSIT AUTHORITY AND ITS SUBSIDIARIES OF RECOMMENDATIONS  MADE  BY  THE
 INSPECTOR GENERAL OR OTHER AUDIT AGENCIES; AND
   (G)  TO DO ALL THINGS NECESSARY TO CARRY OUT THE FUNCTIONS, POWERS AND
 DUTIES SET FORTH IN THIS SECTION.
   5. THE INSPECTOR GENERAL SHALL COOPERATE, CONSULT AND COORDINATE  WITH
 THE STATE PUBLIC TRANSPORTATION SAFETY BOARD WITH REGARD TO ANY ACTIVITY
 CONCERNING  THE  OPERATIONS  OF  THE  BIG  APPLE TRANSIT AUTHORITY. WITH
 RESPECT TO ANY ACCIDENT ON THE  FACILITIES  OF  THE  BIG  APPLE  TRANSIT
 AUTHORITY, THE PRIMARY RESPONSIBILITY FOR INVESTIGATION SHALL BE THAT OF
 THE  BOARD  WHICH  SHALL  SHARE  ITS FINDINGS WITH THE BIG APPLE TRANSIT
 AUTHORITY INSPECTOR GENERAL.
   6. THE INSPECTOR GENERAL SHALL MAKE ANNUAL PUBLIC REPORTS  ON  HIS  OR
 HER  FINDINGS  AND  RECOMMENDATIONS. SUCH A REPORT SHALL BE FILED IN THE
 S. 2830                            122
 
 OFFICE OF THE MAYOR AND WITH THE CITY COUNCIL ON OR BEFORE THE FIRST DAY
 OF FEBRUARY FOR THE PRECEDING YEAR. THE BIG APPLE TRANSIT AUTHORITY  AND
 ITS  APPLICABLE  CONSTITUENT  AGENCIES  SHALL  PREPARE A RESPONSE TO THE
 ANNUAL REPORT AND TO ANY AND ALL OTHER FINAL REPORTS MADE BY THE INSPEC-
 TOR GENERAL WITHIN THIRTY DAYS OF RECEIPT, WHICH TIME MAY BE EXTENDED BY
 THE  INSPECTOR GENERAL IN HIS OR HER DISCRETION, INDICATING WHETHER SUCH
 AUTHORITY INTENDS TO IMPLEMENT THE RECOMMENDATIONS IN SUCH REPORTS, AND,
 IF NOT, AN EXPLANATION OF WHY NOT. IN ADDITION, THE  BIG  APPLE  TRANSIT
 AUTHORITY  AND  ITS APPLICABLE CONSTITUENT AGENCIES SHALL GIVE QUARTERLY
 REPORTS TO THE INSPECTOR GENERAL OUTLINING THE STATUS  OF  EACH  OF  THE
 RECOMMENDATIONS  MADE  BY  THE  INSPECTOR  GENERAL  IN  HIS OR HER FINAL
 REPORTS. COPIES OF ALL SUCH REPORTS SHALL BE SENT TO THE MAYOR  AND  THE
 SPEAKER OF THE CITY COUNCIL.
   7.  TO  EFFECTUATE THE PURPOSES OF THIS SECTION, THE INSPECTOR GENERAL
 MAY REQUEST FROM ANY DEPARTMENT, BOARD, BUREAU,  COMMISSION,  OFFICE  OR
 OTHER AGENCY OF THE STATE, OR OF ANY OF ITS POLITICAL SUBDIVISIONS, SUCH
 COOPERATION, ASSISTANCE, SERVICES AND DATA AS SHALL ENABLE HIM OR HER TO
 CARRY  OUT  HIS  OR HER FUNCTIONS, POWERS AND DUTIES HEREUNDER, AND SUCH
 DEPARTMENTS, BOARDS, BUREAUS, COMMISSIONS, OFFICES OR OTHER AGENCIES  OF
 THE  STATE  ARE  AUTHORIZED  AND  DIRECTED  TO PROVIDE SUCH COOPERATION,
 ASSISTANCE, SERVICES AND DATA.
   § 1349-VV. MANAGEMENT ADVISORY BOARD. 1. THERE IS  HEREBY  CREATED  IN
 THE  OFFICE  OF  THE  BIG  APPLE  TRANSIT  AUTHORITY INSPECTOR GENERAL A
 MANAGEMENT ADVISORY BOARD, CONSISTING OF THIRTEEN MEMBERS  APPOINTED  BY
 THE  MAYOR,  OF  WHOM TWO SHALL BE APPOINTED UPON NOMINATION BY THE CITY
 COUNCIL. ALL MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS. ONE  OF  THE
 MEMBERS APPOINTED TO THE MANAGEMENT ADVISORY BOARD DIRECTLY BY THE MAYOR
 SHALL BE DESIGNATED BY THE MAYOR TO SERVE AS ITS CHAIRMAN.
   2.  ALL MEMBERS OF THE MANAGEMENT ADVISORY BOARD SHALL BE RESIDENTS OF
 THE CITY AND SHALL BE PERSONS WITH SUBSTANTIAL EXPERIENCE IN THE MANAGE-
 MENT OF PRIVATE ENTERPRISES, IN THE DELIVERY OF PUBLIC SERVICES,  OR  IN
 LABOR OR LABOR-MANAGEMENT RELATIONS.
   3.  THE  MANAGEMENT  ADVISORY BOARD SHALL ASSIST THE BIG APPLE TRANSIT
 AUTHORITY INSPECTOR GENERAL IN IDENTIFYING  WAYS  TO  IMPROVE  SERVICES,
 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 SUBSIDIARIES.
   4. NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-FOUR. PROCEEDING THE
 EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, THE  MANAGEMENT
 ADVISORY  BOARD  SHALL SUBMIT TO THE MAYOR AND THE CITY COUNCIL A REPORT
 ON ITS ACTIVITIES DURING THE PREVIOUS YEAR.
   5. THE OFFICE OF THE BIG APPLE  TRANSIT  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.
   § 1349-WW. THE OFFICE OF LEGISLATIVE AND  COMMUNITY  INPUT.    1.  THE
 CHAIRPERSON  OF  THE AUTHORITY SHALL ESTABLISH THE OFFICE OF LEGISLATIVE
 AND COMMUNITY INPUT FOR THE PURPOSE OF COMMUNICATING INFORMATION TO, AND
 RECEIVING COMMENTS, CONCERNS AND RECOMMENDATIONS FROM,  MEMBERS  OF  THE
 CITY  COUNCIL,  AND MEMBERS OF THE PERMANENT CITIZENS ADVISORY COMMITTEE
 TO THE AUTHORITY, AS DEFINED IN SECTION THIRTEEN HUNDRED FORTY-NINE-M OF
 THIS TITLE, ON THE FOLLOWING:
   (A) THE OPERATIONS OF THE RAPID TRANSIT AND OMNIBUS FACILITIES OF  THE
 AUTHORITY, INCLUDING BUT NOT LIMITED TO:
 S. 2830                            123
 
   (I)  THE QUALITY OF SERVICE PROVIDED ON ANY RAPID TRANSIT, AND OMNIBUS
 LINE OR ROUTE;
   (II) THE FREQUENCY OF OPERATING SERVICE ON THE AUTHORITY'S MASS TRANS-
 IT FACILITIES;
   (III)  THE  MAINTENANCE  AND CONDITION OF THE AUTHORITY'S MASS TRANSIT
 FACILITIES, INCLUDING BUT NOT LIMITED TO, RAPID TRANSIT AND BUSES,  FARE
 COLLECTION SYSTEMS AND SOUND SYSTEMS; AND
   (IV)  PROPOSED  SERVICE CHANGES, INCLUDING ANY REDUCTIONS OR EXPANSION
 OF SERVICES, AS IT RELATES TO THE AUTHORITY'S MASS  TRANSIT  FACILITIES;
 AND
   (B)  ANY PROPOSED, SUBMITTED AND/OR APPROVED CAPITAL PROGRAM PLAN, ITS
 COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES. ANY SUCH
 COMMENTS, CONCERNS AND RECOMMENDATIONS RELATING TO THE  CAPITAL  PROGRAM
 PLAN, ITS COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES
 SHALL  BE TAKEN INTO CONSIDERATION IN THE DEVELOPMENT OF THE CURRENT AND
 EACH SUCCESSIVE CAPITAL PROGRAM PLAN AND/OR ANY AMENDMENT TO SUCH PLAN.
   2. THE OFFICE SHALL ESTABLISH A PROCESS TO ENSURE TIMELY  NOTIFICATION
 OF  THE RECEIPT OF, AND RESPONSE TO, COMMENTS, CONCERNS, AND RECOMMENDA-
 TIONS BY MEMBERS OF THE LEGISLATURE OR MEMBERS OF THE PERMANENT CITIZENS
 ADVISORY COMMITTEE TO THE AUTHORITY.
   3. THE CHAIR AND OFFICE SHALL PREPARE A REPORT CONTAINING THE  FOLLOW-
 ING INFORMATION:
   (A)  A  COMPILATION  OF  THE  COMMENTS,  CONCERNS, AND RECOMMENDATIONS
 RECEIVED BY THE OFFICE;
   (B) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE  OR  WILL  BE
 ADDRESSED,  SUCH  AS  THE  AUTHORITY'S  RESPONSE BY THE INCORPORATION OR
 INITIATION OF SYSTEM AND OPERATIONAL ADJUSTMENTS, IMPROVEMENTS OR EXPAN-
 SIONS IF APPLICABLE; AND
   (C) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE  OR  WILL  BE
 ADDRESSED,  SUCH AS THE AUTHORITY'S RESPONSE BY CHANGING OR AMENDING THE
 CAPITAL PLAN, AS WELL AS PROVIDING STATUS UPDATES  ON  THE  PROGRESS  OF
 SUCH PLAN.
   4.  SUCH REPORT SHALL, ON A BIANNUAL BASIS COMMENCING SEPTEMBER FIRST,
 TWO THOUSAND TWENTY-FOUR, SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION,
 BE SUBMITTED TO THE MAYOR, THE SPEAKER OF THE CITY COUNCIL AND BE POSTED
 ON THE AUTHORITY'S WEBSITE AND ALSO BE MADE  READILY  AVAILABLE  TO  THE
 PUBLIC.
   § 1349-XX. SUPPLEMENTAL REVENUE REPORTING PROGRAM. 1. ON OR BEFORE THE
 FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, THE
 AUTHORITY  SHALL  DEVELOP A SUPPLEMENTAL REVENUE REPORTING PROGRAM. SUCH
 PROGRAM SHALL PROVIDE A DETAILED ACCOUNTING OF  THE  AMOUNT  SPENT  FROM
 SUPPLEMENTAL  REVENUES  ON  ACTIONS,  MEASURES OR PROJECTS UNDERTAKEN TO
 REDUCE MAJOR INCIDENTS THAT HAVE BEEN FOUND TO CAUSE DELAYS TO  THE  NEW
 YORK  CITY SUBWAY SYSTEM, INCLUDING BUT NOT LIMITED TO: TRACK INCIDENTS;
 SIGNAL FAILURE; PERSONS ON  THE  TRACK;  POLICE  AND  MEDICAL  ACTIVITY;
 STRUCTURAL  AND  ELECTRICAL PROBLEMS; AND BROKEN TRAINCAR EQUIPMENT. THE
 INFORMATION  DESCRIBED  IN  THIS  SUBDIVISION,  INCLUDING  THE  SPENDING
 DETAILS  AND THE ASSOCIATED CATEGORY OF MAJOR INCIDENT, SHALL BE UPDATED
 QUARTERLY AND BE PROMINENTLY POSTED TOGETHER ON THE AUTHORITY'S WEBSITE.
   2. FOR PURPOSES OF THIS SECTION, "SUPPLEMENTAL REVENUES" SHALL INCLUDE
 ANY FUNDS APPROPRIATED BY THE STATE OR THE CITY OF NEW YORK  TO  SUPPORT
 THE NYC SUBWAY ACTION PLAN APPROVED BY THE BOARD OF THE AUTHORITY.
   § 2. This act shall take effect January 1, 2024.
 
                                  PART E
 S. 2830                            124
 
   Section  1.  Article  5  of  the  public authorities law is amended by
 adding a new title 11-F to read as follows:
 
                                TITLE 11-F
                     COMMUTER TRANSPORTATION AUTHORITY
 SECTION 1349-AAAA.  SHORT TITLE.
         1349-BBBB.  DEFINITIONS.
         1349-CCCC.  COMMUTER TRANSPORTATION AUTHORITY.
         1349-DDDD.  PURPOSES OF THE AUTHORITY.
         1349-EEEE.  STATE OF EMERGENCY; BOARDING OF A COMMUTER TRANSPOR-
                       TATION BY DOMESTIC COMPANION ANIMALS.
         1349-FFFF.  GENERAL POWERS OF THE AUTHORITY.
         1349-GGGG.  CONTRACTS.
         1349-HHHH.  COMMUTER  TRANSPORTATION  AUTHORITY  SMALL  BUSINESS
                       MENTORING PROGRAM.
         1349-IIII.  SPECIAL POWERS OF THE AUTHORITY.
         1349-JJJJ.  MEDICAL EMERGENCY SERVICES.
         1349-KKKK.  MEDICAL EMERGENCY SERVICES PLAN;  IMPLEMENTATION  ON
                       LONG ISLAND RAIL ROAD.
         1349-LLLL.  LONG ISLAND RAIL ROAD COMMUTER COUNCIL.
         1349-MMMM.  METRO-NORTH RAIL COMMUTER COUNCIL.
         1349-NNNN.  MEDICAL  EMERGENCY  SERVICES PLAN; IMPLEMENTATION ON
                       METRO-NORTH COMMUTER RAILROAD COMPANY.
         1349-OOOO.  EXCESS LOSS FUND.
         1349-PPPP.  AUTHORITY POLICE FORCE.
         1349-QQQQ.  THE PERMANENT CITIZENS ADVISORY COMMITTEE.
         1349-RRRR.  COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO  CUSTOM-
                       ERS.
         1349-SSSS.  EXPIRED FARE TRANSFER POLICY.
         1349-TTTT.  ACQUISITION AND DISPOSITION OF REAL PROPERTY.
         1349-UUUU.  ACQUISITION  AND  DISPOSITION  OF  REAL  PROPERTY BY
                       DEPARTMENT OF TRANSPORTATION.
         1349-VVVV.  COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
         1349-WWWW.  PROMOTION OF QUALIFIED TRANSPORTATION FRINGES.
         1349-XXXX.  NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY.
         1349-YYYY.  CAPITAL PROGRAM PLANS; APPROVALS; EFFECT  OF  DISAP-
                       PROVAL.
         1349-ZZZZ.  SUBMISSION OF STRATEGIC OPERATION PLAN.
         1349-AAAAA. FINANCIAL AND OPERATIONAL REPORTS.
         1349-BBBBB. MISSION STATEMENT AND MEASUREMENT REPORT.
         1349-CCCCC. REQUIREMENTS  FOR  CERTAIN  AUTHORITY  CONTRACTS AND
                       RELATED SUBCONTRACTS.
         1349-DDDDD. RESERVE FUNDS AND APPROPRIATIONS.
         1349-EEEEE. CONSOLIDATED FINANCINGS.
         1349-FFFFF. REGULATION OF CERTAIN AUTHORITY EXPENDITURES.
         1349-GGGGG. AGREEMENT OF THE STATE.
         1349-HHHHH. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
         1349-IIIII. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.
         1349-JJJJJ. NOTES AND BONDS AS LEGAL INVESTMENT.
         1349-KKKKK. EXEMPTION FROM TAXATION.
         1349-LLLLL. ACTIONS AGAINST THE AUTHORITY.
         1349-MMMMM. ANNUAL AUDIT OF THE AUTHORITY.
         1349-NNNNN. AUTHORITY BUDGET AND FINANCIAL PLAN.
         1349-OOOOO. INDEPENDENT AUDIT OF THE AUTHORITY.
         1349-PPPPP. INDEPENDENT AUDIT BY THE LEGISLATURE.
         1349-QQQQQ. REPORTING.
 S. 2830                            125
 
         1349-RRRRR. STATION OPERATION AND MAINTENANCE.
         1349-SSSSS. TRANSFER AND RECEIPT OF SURPLUS FUNDS.
         1349-TTTTT. TITLE  NOT  AFFECTED  IF IN PART UNCONSTITUTIONAL OR
                       INEFFECTIVE.
         1349-UUUUU. COMMUTER TRANSPORTATION AUTHORITY INSPECTOR GENERAL.
         1349-VVVVV. MANAGEMENT ADVISORY BOARD.
         1349-WWWWW. TRANSITION-ELECTION TO WITHDRAW FROM  THE  METROPOL-
                       ITAN COMMUTER TRANSPORTATION DISTRICT.
         1349-XXXXX. THE OFFICE OF LEGISLATIVE AND COMMUNITY INPUT.
         1349-YYYYY. DEBARMENT.
         1349-ZZZZZ. RIGHT TO SHARE EMPLOYEES.
   §  1349-AAAA. SHORT TITLE. THIS TITLE MAY BE KNOWN AND MAY BE CITED AS
 THE "METROPOLITAN COMMUTER AUTHORITY ACT".
   § 1349-BBBB. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS
 A DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
   1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION  THIRTEEN
 HUNDRED FORTY-NINE-CCCC OF THIS TITLE.
   2.  "AUTHORITY  FACILITIES" SHALL MEAN THE AUTHORITY'S RAILROAD, OMNI-
 BUS, MARINE AND AVIATION FACILITIES AND  OPERATIONS  PURSUANT  TO  JOINT
 SERVICE ARRANGEMENTS.
   3.  "BUDGET"  SHALL  MEAN  THE PRELIMINARY, FINAL PROPOSED AND ADOPTED
 FINAL PLANS OF THE AUTHORITY, AND EACH OF ITS AGENCIES.
   4. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE OF NEW YORK.
   5. "EQUIPMENT" SHALL MEAN ROLLING  STOCK,  OMNIBUSES,  VEHICLES,  AIR,
 MARINE OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, WIRES, WAYS, CONDUITS
 AND  MECHANISMS,  MACHINERY,  TOOLS,  IMPLEMENTS,  MATERIALS,  SUPPLIES,
 INSTRUMENTS AND DEVICES OF EVERY NATURE WHATSOEVER USED  OR  USEFUL  FOR
 TRANSPORTATION  PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE
 POWER INCLUDING BUT NOT LIMITED TO ALL POWER HOUSES, AND  ALL  APPARATUS
 AND  ALL DEVICES FOR SIGNALING, COMMUNICATIONS AND VENTILATION AS MAY BE
 NECESSARY, CONVENIENT OR DESIRABLE FOR THE OPERATION OF A TRANSPORTATION
 FACILITY.
   6. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES OF  AMERICA,  AND
 ANY  OFFICER,  DEPARTMENT,  BOARD,  COMMISSION, BUREAU, DIVISION, CORPO-
 RATION, AGENCY OR INSTRUMENTALITY THEREOF.
   7. "GAP" SHALL MEAN THE  DIFFERENCE  BETWEEN  PROJECTED  REVENUES  AND
 EXPENSES FOR ANY GIVEN FISCAL YEAR BASED ON THE EXISTING FARE STRUCTURE.
   8. "GAP-CLOSING INITIATIVE" SHALL MEAN ANY ACTION TO REDUCE A PROJECT-
 ED GAP.
   9. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
 THE  AUTHORITY  AND  ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
 ANY STATE AGENCY, THE FEDERAL GOVERNMENT, ANY OTHER STATE OR  AGENCY  OR
 INSTRUMENTALITY  THEREOF,  ANY  PUBLIC  AUTHORITY  OF  THIS OR ANY OTHER
 STATE, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE, RELAT-
 ING TO PROPERTY, BUILDINGS,  STRUCTURES,  FACILITIES,  SERVICES,  RATES,
 FARES,  CLASSIFICATIONS,  DIVISIONS,  ALLOWANCES  OR  CHARGES, INCLUDING
 CHARGES BETWEEN OPERATORS OF  RAILROAD,  OMNIBUS,  MARINE  AND  AVIATION
 FACILITIES,  OR  RULES  OR  REGULATIONS  PERTAINING  THERETO,  FOR OR IN
 CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
 ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
 AND IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION  FACILITIES
 LOCATED OUTSIDE THE DISTRICT.
   10.  "MARINE  AND  AVIATION FACILITIES" SHALL MEAN EQUIPMENT AND CRAFT
 FOR THE TRANSPORTATION OF PASSENGERS,  MAIL  AND  CARGO  BETWEEN  POINTS
 WITHIN THE DISTRICT OR PURSUANT TO JOINT SERVICE ARRANGEMENTS, BY MARINE
 CRAFT AND AIRCRAFT OF ALL TYPES INCLUDING BUT NOT LIMITED TO HYDROFOILS,
 S. 2830                            126

 FERRIES,  LIGHTERS,  TUGS, BARGES, HELICOPTERS, AMPHIBIANS, SEAPLANES OR
 OTHER CONTRIVANCES NOW OR HEREAFTER USED IN NAVIGATION  OR  MOVEMENT  ON
 WATERWAYS  OR  IN THE NAVIGATION OF OR FLIGHT IN AIRSPACE. IT SHALL ALSO
 MEAN  ANY  MARINE  PORT  OR  AIRPORT  FACILITY WITHIN THE TRANSPORTATION
 DISTRICT BUT OUTSIDE THE PORT OF NEW YORK DISTRICT AS DEFINED IN CHAPTER
 ONE HUNDRED FIFTY-FOUR OF  THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-ONE,
 INCLUDING  BUT  NOT LIMITED TO TERMINALS, DOCKS, PIERS, BULKHEADS, RAMPS
 OR ANY FACILITY OR REAL PROPERTY NECESSARY, CONVENIENT OR DESIRABLE  FOR
 THE ACCOMMODATION OF PASSENGERS AND CARGO OR THE DOCKING, SAILING, LAND-
 ING,  TAKING  OFF,  ACCOMMODATION  OR  SERVICING OF SUCH MARINE CRAFT OR
 AIRCRAFT.
   11. "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE  OPER-
 ATED  BY  CARRIERS  SUBJECT  TO  THE  JURISDICTION OF THE PUBLIC SERVICE
 COMMISSION, ENGAGED  IN  THE  TRANSPORTATION  OF  PASSENGERS  AND  THEIR
 BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
 TO  JOINT  SERVICE  ARRANGEMENTS,  AND  EQUIPMENT,  PROPERTY, BUILDINGS,
 STRUCTURES, IMPROVEMENTS, LOADING OR UNLOADING AREAS, PARKING  AREAS  OR
 OTHER  FACILITIES,  NECESSARY,  CONVENIENT OR DESIRABLE FOR THE ACCOMMO-
 DATION OF SUCH MOTOR VEHICLES OR THEIR  PASSENGERS,  INCLUDING  BUT  NOT
 LIMITED TO BUILDINGS, STRUCTURES AND AREAS NOTWITHSTANDING THAT PORTIONS
 SHALL NOT BE DEVOTED TO ANY OMNIBUS PURPOSE OTHER THAN THE PRODUCTION OF
 REVENUES  AVAILABLE  FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
 OF THE AUTHORITY.
   12. "RAILROAD FACILITIES" SHALL MEAN RIGHT OF WAY AND  RELATED  TRACK-
 AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
 COMMUNICATION  AND  VENTILATION  SYSTEMS, POWER PLANTS, STATIONS, TERMI-
 NALS, STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT  AND
 PARTS,  OFFICES  AND OTHER REAL ESTATE OR PERSONAL PROPERTY USED OR HELD
 FOR OR INCIDENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY
 RAILROAD OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE  DISTRICT  OR
 PURSUANT  TO  JOINT  SERVICE  ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO
 BUILDINGS, STRUCTURES, AND AREAS NOTWITHSTANDING THAT  PORTIONS  THEREOF
 SHALL  NOT  BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION
 OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR  ANY  FACILI-
 TIES OF THE AUTHORITY.
   13.  "REAL  PROPERTY"  SHALL  MEAN  LANDS,  STRUCTURES, FRANCHISES AND
 INTERESTS IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN  RIGHTS  AND  AIR
 RIGHTS  AND  ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND
 INCLUDES NOT ONLY FEES SIMPLE ABSOLUTE  BUT  ALSO  ANY  AND  ALL  LESSER
 INTERESTS  INCLUDING  BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES,
 LEASES, LICENSES AND  ALL  OTHER  INCORPOREAL  HEREDITAMENTS  AND  EVERY
 ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
 AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
   14. "STATE" SHALL MEAN THE STATE OF NEW YORK.
   15.  "STATE AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD, COMMIS-
 SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
 TALITY OF THE STATE.
   16. "TRANSPORTATION FACILITY" SHALL MEAN ANY TRANSIT, RAILROAD,  OMNI-
 BUS,  MARINE  OR  AVIATION  FACILITY  AND ANY PERSON, FIRM, PARTNERSHIP,
 ASSOCIATION OR, CORPORATION WHICH OWNS,  LEASES  OR  OPERATES  ANY  SUCH
 FACILITY OR ANY OTHER FACILITY USED FOR SERVICE IN THE TRANSPORTATION OF
 PASSENGERS,  UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER
 FOR HIRE AND ANY PORTION THEREOF AND THE  RIGHTS,  LEASEHOLDS  OR  OTHER
 INTEREST  THEREIN TOGETHER WITH ROUTES, TRACKS, EXTENSIONS, CONNECTIONS,
 PARKING LOTS, GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND
 REPAIR SHOPS, TERMINALS, STATIONS AND OTHER RELATED FACILITIES  THEREOF,
 S. 2830                            127
 
 THE  DEVICES,  APPURTENANCES, AND EQUIPMENT THEREOF AND POWER PLANTS AND
 OTHER INSTRUMENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION  THERE-
 WITH.
   17.  "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE METROPOL-
 ITAN COMMUTER TRANSPORTATION DISTRICT CREATED BY SECTION TWELVE  HUNDRED
 SIXTY-TWO OF THIS ARTICLE.
   18.  "TRANSPORTATION  PURPOSE"  SHALL  MEAN  A  PURPOSE  THAT DIRECTLY
 SUPPORTS THE MISSIONS OR PURPOSES OF THE AUTHORITY, ANY OF  ITS  SUBSID-
 IARIES, INCLUDING THE REALIZATION OF REVENUES DERIVED FROM PROPERTY THAT
 IS, OR IS TO BE USED AS, A TRANSPORTATION FACILITY.
   19.  "NEW  YORK  CITY  TRANSIT  AUTHORITY"  SHALL MEAN THE CORPORATION
 CREATED BY SECTION TWELVE HUNDRED ONE OF THIS ARTICLE.
   20. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY"  SHALL  MEAN  THE  CORPO-
 RATION CREATED BY SECTION FIVE HUNDRED FIFTY-TWO OF THIS CHAPTER.
   21. "INSPECTOR GENERAL" SHALL MEAN THE COMMUTER TRANSPORTATION AUTHOR-
 ITY INSPECTOR GENERAL.
   22.  "REVENUES" SHALL MEAN ALL MONIES RECEIVED BY THE AUTHORITY OR ITS
 SUBSIDIARIES FROM WHATEVER SOURCE, DERIVED DIRECTLY OR  INDIRECTLY  FROM
 OR IN CONNECTION WITH THE OPERATIONS OF THE RESPECTIVE ENTITY EXCEPT FOR
 ANY  MONIES  TRANSFERRED  TO  THE  METROPOLITAN TRANSPORTATION AUTHORITY
 PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-NINE-H OF THIS  ARTICLE  THAT
 IS  NOT  RETURNED TO THE AUTHORITY PURSUANT TO PARAGRAPH (C) OF SUBDIVI-
 SION TWO OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE.
   23. "TRANSIT FACILITY" SHALL MEAN RAPID TRANSIT RAILROAD, OMNIBUS LINE
 OR ANY OTHER FACILITY OR ANY RAILROAD USED  FOR  LOCAL  SERVICE  IN  THE
 TRANSPORTATION  OF  PASSENGERS  AS  COMMON  CARRIERS  FOR HIRE OR IN THE
 TRANSPORTATION OF THE UNITED STATES MAIL OR PERSONAL PROPERTY,  AND  ANY
 PORTION  THEREOF  AND THE RIGHTS, LEASEHOLDS OR OTHER INTERESTS THEREIN,
 TOGETHER WITH THE DEVICES AND APPURTENANCES,  FACILITIES  AND  EQUIPMENT
 THEREOF  AND  POWER  PLANTS  AND  OTHER INSTRUMENTALITIES USED OR USEFUL
 THEREFOR OR IN CONNECTION THEREWITH.
   24. "UTILIZATION" SHALL MEAN PUBLIC USAGE OF BUSES  AND  RAILROADS  AS
 REFLECTED IN EMPIRICAL DATA.
   §  1349-CCCC.  COMMUTER  TRANSPORTATION AUTHORITY. 1. (A) (I) THERE IS
 HEREBY CREATED THE "COMMUTER TRANSPORTATION AUTHORITY".   THE  AUTHORITY
 SHALL  BE  A  BODY  CORPORATE  AND POLITIC CONSTITUTING A PUBLIC BENEFIT
 CORPORATION. THE AUTHORITY SHALL CONSIST OF A CHAIRPERSON,  SEVEN  OTHER
 VOTING  MEMBERS,  AND  FOUR NON-VOTING MEMBERS, AS DESCRIBED IN SUBPARA-
 GRAPH (II) OF THIS PARAGRAPH, APPOINTED BY THE  GOVERNOR  AND  WITH  THE
 ADVICE  AND CONSENT OF THE SENATE. ANY MEMBER APPOINTED SHALL HAVE EXPE-
 RIENCE IN ONE OR MORE OF THE FOLLOWING AREAS OF  EXPERTISE:  TRANSPORTA-
 TION,  PUBLIC  ADMINISTRATION, BUSINESS MANAGEMENT, 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.  EACH
 VOTING  MEMBER  OTHER  THAN  THE  CHAIRPERSON  SHALL  BE APPOINTED AFTER
 SELECTION FROM A WRITTEN LIST OF THREE RECOMMENDATIONS  FROM  THE  CHIEF
 EXECUTIVE  OFFICER  OF  THE  COUNTY  IN WHICH SUCH 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 RESI-
 DENT 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. THE TERM
 OF ANY MEMBER WHO IS A RESIDENT OF A COUNTY THAT HAS WITHDRAWN FROM  THE
 S. 2830                            128
 
 METROPOLITAN COMMUTER TRANSPORTATION DISTRICT PURSUANT TO SECTION TWELVE
 HUNDRED  SEVENTY-NINE-B  OF THIS ARTICLE SHALL TERMINATE UPON THE EFFEC-
 TIVE DATE OF SUCH COUNTY'S WITHDRAWAL FROM  SUCH  DISTRICT.  THE  CHAIR-
 PERSON  AND  EACH  OF  THE  MEMBERS SHALL BE APPOINTED FOR A TERM OF SIX
 YEARS. THE MEMBERS FROM THE COUNTIES OF  DUTCHESS,  ORANGE,  PUTNAM  AND
 ROCKLAND SHALL CAST ONE COLLECTIVE VOTE.
   (II) THERE SHALL BE FOUR NON-VOTING MEMBERS, AS REFERRED TO IN SUBPAR-
 AGRAPH  (I)  OF  THIS  PARAGRAPH. THE FIRST NON-VOTING MEMBER SHALL BE A
 REGULAR USER OF THE FACILITIES OF THE AUTHORITY AND  BE  RECOMMENDED  TO
 THE  GOVERNOR BY THE METRO-NORTH COMMUTER COUNCIL. THE SECOND 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 COUNCIL. THE THIRD NON-VOTING MEMBER SHALL BE  RECOMMENDED
 TO  THE  GOVERNOR BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF
 EMPLOYEES OF THE LONG ISLAND RAIL ROAD.  THE  FOURTH  NON-VOTING  MEMBER
 SHALL  BE  RECOMMENDED TO THE GOVERNOR BY THE LABOR ORGANIZATION REPRES-
 ENTING THE MAJORITY OF EMPLOYEES OF THE  METRO-NORTH  COMMUTER  RAILROAD
 COMPANY.  THE  CHAIRPERSON  OF  THE  AUTHORITY,  AT THEIR DIRECTION, MAY
 EXCLUDE SUCH NON-VOTING MEMBER FROM ATTENDING ANY PORTION OF  A  MEETING
 OF  THE  AUTHORITY OR OF ANY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH
 (B) OF SUBDIVISION FOUR OF THIS SECTION HELD FOR THE PURPOSE OF DISCUSS-
 ING NEGOTIATIONS WITH LABOR ORGANIZATIONS.
   (B) VACANCIES OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL  BE
 FILLED  IN  THE  SAME MANNER AS ORIGINAL APPOINTMENTS FOR THE BALANCE OF
 THE UNEXPIRED TERM.
   2. THE CHAIRPERSON AND THE FIRST VICE  CHAIRPERSON  SHALL  BE  PAID  A
 SALARY  IN  THE  AMOUNT  DETERMINED  BY THE AUTHORITY; THE OTHER MEMBERS
 SHALL NOT RECEIVE A SALARY OR OTHER COMPENSATION.  EACH MEMBER,  INCLUD-
 ING THE CHAIRPERSON AND THE FIRST VICE CHAIRPERSON, SHALL BE ENTITLED TO
 REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
 ANCE OF HIS OR HER OFFICIAL DUTIES.
   3. (A) A MAJORITY OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN
 IN  OFFICE SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS
 OR THE EXERCISE OF ANY POWER OF THE AUTHORITY. EXCEPT AS OTHERWISE SPEC-
 IFIED IN THIS TITLE, FOR THE TRANSACTION OF ANY BUSINESS OR THE EXERCISE
 OF ANY POWER OF THE AUTHORITY, THE AUTHORITY SHALL HAVE POWER TO ACT  BY
 A  MAJORITY VOTE OF THE MEMBERS PRESENT AT ANY MEETING AT WHICH A QUORUM
 IS IN ATTENDANCE AND EXCEPT FURTHER, THAT IN THE EVENT OF A TIE VOTE THE
 CHAIRPERSON SHALL CAST ONE ADDITIONAL VOTE.
   (B) FOR PURPOSES OF DETERMINING THE PRESENCE  OF  A  QUORUM,  AND  FOR
 PURPOSES  OF  PARTICIPATION  ON  ANY  COMMITTEE  OR  SUBCOMMITTEE, THOSE
 MEMBERS WHO COLLECTIVELY CAST A SINGLE VOTE PURSUANT TO  THE  PROVISIONS
 OF  PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONSIDERED
 TO BE A SINGLE MEMBER, AND THE PRESENCE OF SUCH MEMBER SHALL  BE  DETER-
 MINED AS PROVIDED IN THIS SUBDIVISION. EXCEPT AS OTHERWISE PROVIDED IN A
 BY-LAW  ADOPTED AS HEREINAFTER PROVIDED, SUCH SINGLE MEMBER CONSTITUTING
 THOSE MEMBERS ENTITLED TO A COLLECTIVE VOTE SHALL BE DEEMED PRESENT AS A
 SINGLE MEMBER FOR PURPOSES OF A QUORUM IF ONE OR  MORE  OF  THE  MEMBERS
 THEN  IN  OFFICE  ENTITLED  TO CAST SUCH COLLECTIVE VOTE IS PRESENT, AND
 SUCH COLLECTIVE VOTE SHALL BE  CAST  IN  ACCORDANCE  WITH  THE  MAJORITY
 AGREEMENT  OF  THE MEMBERS ENTITLED TO A COLLECTIVE VOTE WHO ARE PRESENT
 OR IN THE EVENT A SINGLE MEMBER ENTITLED TO A COLLECTIVE VOTE IS PRESENT
 IT SHALL BE CAST BY THAT MEMBER.  TO  EVIDENCE  THE  EXISTENCE  OF  SUCH
 MAJORITY AGREEMENT AMONG THE MEMBERS ENTITLED TO A COLLECTIVE VOTE, EACH
 SUCH MEMBER SHALL BE POLLED AS TO HIS OR HER VOTE AND SUCH POLL SHALL BE
 RECORDED IN THE MINUTES. IN THE EVENT A MAJORITY VOTE IS NOT ACHIEVED BY
 S. 2830                            129
 
 THE MEMBERS ENTITLED TO A COLLECTIVE VOTE WHO ARE PRESENT, THEN THE VOTE
 SHALL NOT BE CAST. NOTHING HEREIN SHALL LIMIT THE RIGHT OF AN INDIVIDUAL
 MEMBER  TO  PARTICIPATE  IN BOARD MEETINGS OR IN OTHER ACTIVITIES OF THE
 AUTHORITY WHEN THE OTHER MEMBERS THEN IN OFFICE ENTITLED TO COLLECTIVELY
 CAST  A  VOTE  ARE NOT PRESENT. AT ANY MEETING OF THE AUTHORITY AT WHICH
 THERE IS A QUORUM INCLUDING ALL THE MEMBERS THEN IN OFFICE  ENTITLED  TO
 CAST  A  COLLECTIVE  VOTE,  THE  AUTHORITY MAY ADOPT A BY-LAW OR BY-LAWS
 REGULATING THE CASTING OF SUCH COLLECTIVE  VOTE,  PROVIDED  ALL  MEMBERS
 THEN  IN OFFICE ENTITLED TO CAST A COLLECTIVE VOTE AFFIRMATIVELY APPROVE
 SUCH BY-LAW OR BY-LAWS. ANY ACTION TAKEN BY THE AUTHORITY IN  ACCORDANCE
 WITH  ANY  SUCH  BY-LAW OR BY-LAWS ADOPTED PURSUANT TO THE PROVISIONS OF
 THIS PARAGRAPH SHALL TAKE EFFECT IN THE SAME MANNER AS ANY OTHER  ACTION
 OF  THE  AUTHORITY. ANY SUCH BY-LAW OR BY-LAWS SHALL NOT PROVIDE FOR THE
 CASTING OF ANY FRACTIONAL VOTE. NOR  SHALL  SUCH  A  BY-LAW  OR  BY-LAWS
 PROVIDE  FOR  THE  AMENDMENT, REPEAL OR ADOPTION IN THE FUTURE OF SUCH A
 BY-LAW OR BY-LAWS IN A MANNER OTHER THAN THAT SET FORTH  IN  THIS  PARA-
 GRAPH.
   (C)  NO PROVISION OF PARAGRAPH (B) OF THIS SUBDIVISION RELATING TO THE
 ADOPTION OF CERTAIN BY-LAWS BY THE AUTHORITY SHALL AFFECT THE MANNER  IN
 WHICH  BY-LAWS OF THE AUTHORITY ARE ADOPTED CONCERNING ANY SUBJECT OTHER
 THAN THE VOTING AND PRESENCE FOR QUORUM PURPOSES OF THE MEMBERS FROM THE
 COUNTIES OF DUTCHESS, PUTNAM, ORANGE AND ROCKLAND.
   4. (A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
 CHAIRPERSON  SHALL  BE  THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY AND
 SHALL BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND  ADMINISTRA-
 TIVE  FUNCTIONS AND POWERS OF THE AUTHORITY. THE CHAIRPERSON MAY APPOINT
 AN EXECUTIVE DIRECTOR AND SUCH OTHER OFFICIALS AND EMPLOYEES AS SHALL IN
 HIS OR HER JUDGMENT BE NEEDED TO DISCHARGE THE EXECUTIVE AND ADMINISTRA-
 TIVE FUNCTIONS AND POWERS OF THE AUTHORITY.
   (B) THE CHAIRPERSON  SHALL  ESTABLISH  COMMITTEES  TO  ASSIST  IN  THE
 PERFORMANCE  OF  THEIR DUTIES AND SHALL APPOINT MEMBERS OF THE AUTHORITY
 TO SUCH COMMITTEES. AMONG SUCH COMMITTEES, THERE SHALL BE: (I) A COMMIT-
 TEE ON OPERATIONS OF THE LONG ISLAND  RAIL  ROAD  AND  THE  METROPOLITAN
 SUBURBAN  BUS  AUTHORITY;  (II)  A COMMITTEE ON OPERATIONS OF THE METRO-
 NORTH COMMUTER RAILROAD; (III) A COMMITTEE ON FINANCE; (IV) A  COMMITTEE
 ON CAPITAL PROGRAM OVERSIGHT; AND (V) A COMMITTEE ON SAFETY. THE COMMIT-
 TEE  ON  CAPITAL  PROGRAM  OVERSIGHT  SHALL  INCLUDE  NOT LESS THAN FOUR
 MEMBERS, AND SHALL INCLUDE THE CHAIRPERSONS OF THE  COMMITTEE  ON  OPER-
 ATIONS  OF  THE  LONG ISLAND RAIL ROAD AND THE METROPOLITAN SUBURBAN BUS
 AUTHORITY, THE COMMITTEE ON OPERATIONS OF THE METRO-NORTH COMMUTER RAIL-
 ROAD, AND THE COMMITTEE ON SAFETY. 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: (I) CUSTOMERS; (II) EMPLOYEES; AND (III) 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; (II) MONITOR THE CONTRACT AWARDS  OF  THE
 COMMUTER  TRANSPORTATION  AUTHORITY  TO  ENSURE  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 MINORITY 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
 S. 2830                            130
 
 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; (VI) MONITOR THE EXPENDITURES INCURRED AND TO BE INCURRED
 FOR EACH SUCH ELEMENT; AND (VII) IDENTIFY CAPITAL ELEMENTS NOT PROGRESS-
 ING 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  ACTIV-
 ITIES AND FINDINGS, AND SHALL IN CONNECTION WITH THE PREPARATION OF SUCH
 QUARTERLY  REPORT,  CONSULT WITH THE DIVISION OF THE BUDGET, THE DEPART-
 MENT OF TRANSPORTATION, THE GOVERNOR, 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 AVAILABLE TO THE MEMBERS OF THE AUTHORI-
 TY,  TO  THE  GOVERNOR,  AND  THE  DIRECTORS OF THE MUNICIPAL ASSISTANCE
 CORPORATION FOR THE CITY OF NEW YORK.
   (C) THE CHAIRPERSON SHALL ENSURE THAT AT EVERY MEETING  OF  THE  BOARD
 AND  AT  EVERY  MEETING OF EACH COMMITTEE THE PUBLIC SHALL BE ALLOTTED A
 PERIOD OF TIME, NOT LESS THAN THIRTY MINUTES, TO SPEAK ON ANY  TOPIC  ON
 THE AGENDA.
   (D)  NOTWITHSTANDING PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWEN-
 TY-EIGHT HUNDRED TWENTY-FOUR OF THIS CHAPTER OR ANY OTHER  PROVISION  OF
 LAW TO THE CONTRARY, THE CHAIRPERSON SHALL NOT PARTICIPATE IN ESTABLISH-
 ING AUTHORITY POLICIES REGARDING THE PAYMENT OF SALARY, COMPENSATION AND
 REIMBURSEMENT  TO,  NOR  ESTABLISH RULES FOR THE TIME AND ATTENDANCE OF,
 THE CHIEF EXECUTIVE OFFICER. THE SALARY OF THE  CHAIRPERSON,  AS  DETER-
 MINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SHALL ALSO BE COMPEN-
 SATION FOR ALL SERVICES PERFORMED AS CHIEF EXECUTIVE OFFICER.
   5.  THE  AUTHORITY  SHALL  BE  A  "STATE  AGENCY"  FOR THE PURPOSES OF
 SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
   6. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS  OR  ANY  OTHER
 LAW,  GENERAL, SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR
 OF ANY PUBLIC CORPORATION, SHALL BE DEEMED TO HAVE  FORFEITED  OR  SHALL
 FORFEIT  HIS  OR HER OFFICE OR EMPLOYMENT OR ANY BENEFITS PROVIDED UNDER
 THE RETIREMENT AND SOCIAL SECURITY LAW OR UNDER  ANY  PUBLIC  RETIREMENT
 SYSTEM  MAINTAINED BY THE STATE BY REASON OF THEIR ACCEPTANCE OF MEMBER-
 SHIP ON OR CHAIRPERSONSHIP OF THE AUTHORITY; PROVIDED, HOWEVER, A MEMBER
 OR CHAIRPERSON WHO HOLDS SUCH OTHER PUBLIC OFFICE  OR  EMPLOYMENT  SHALL
 RECEIVE  NO  ADDITIONAL  COMPENSATION  FOR SERVICES RENDERED PURSUANT TO
 THIS TITLE, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR THEIR ACTUAL  AND
 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF SUCH SERVICES.
   7.  THE  GOVERNOR  MAY  REMOVE ANY MEMBER FOR INEFFICIENCY, NEGLECT OF
 DUTY, BREACH OF FIDUCIARY DUTY OR MISCONDUCT IN OFFICE AFTER GIVING  THE
 MEMBER A COPY OF THE CHARGES AGAINST THE MEMBER AND AN OPPORTUNITY TO BE
 HEARD,  IN  PERSON  OR BY COUNSEL IN THE MEMBER'S DEFENSE, UPON NOT LESS
 THAN TEN DAYS' NOTICE. IF ANY MEMBER SHALL BE SO REMOVED,  THE  GOVERNOR
 SHALL FILE IN THE OFFICE OF THE DEPARTMENT OF STATE A COMPLETE STATEMENT
 OF  CHARGES  MADE  AGAINST SUCH MEMBER, AND HIS OR HER FINDINGS THEREON,
 TOGETHER WITH A COMPLETE RECORD OF THE PROCEEDINGS.
   8. THE AUTHORITY SHALL CONTINUE SO LONG AS  IT  SHALL  HAVE  BONDS  OR
 OTHER  OBLIGATIONS  OUTSTANDING  AND UNTIL ITS EXISTENCE SHALL BE TERMI-
 S. 2830                            131
 
 NATED BY LAW. UPON THE TERMINATION OF THE EXISTENCE  OF  THE  AUTHORITY,
 ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE STATE.
   9.  WHENEVER  THE  AUTHORITY  CAUSES  NOTICES  OF HEARINGS ON PROPOSED
 CHANGES IN SERVICES OR FARES TO BE POSTED PURSUANT TO  THIS  SECTION  OR
 ANY  STATUTE,  REGULATION,  OR AUTHORITY POLICY, OR WHERE IT VOLUNTARILY
 POSTS SUCH NOTICES, SUCH NOTICES SHALL: (A) BE WRITTEN IN  A  CLEAR  AND
 COHERENT  MANNER  USING  WORDS WITH COMMON AND EVERY DAY MEANING; (B) BE
 CAPTIONED IN LARGE POINT TYPE BOLD LETTERING WITH A  TITLE  THAT  FAIRLY
 AND  ACCURATELY  CONVEYS THE BASIC NATURE OF SUCH CHANGE OR CHANGES; (C)
 WHERE SUCH CHANGE INVOLVES A PROPOSED CHANGE IN LEVELS OF FARE,  INCLUDE
 IN  ITS  TITLE THE RANGE OF AMOUNTS OF FARE CHANGES UNDER CONSIDERATION;
 (D) CONTAIN, TO THE EXTENT PRACTICABLE, A  CONCISE  DESCRIPTION  OF  THE
 SPECIFIC NATURE OF THE CHANGE OR CHANGES, INCLUDING BUT NOT LIMITED TO A
 CONCISE  DESCRIPTION  OF THOSE CHANGES THAT AFFECT THE LARGEST NUMBER OF
 PASSENGERS; (E) WHERE SUCH CHANGE INVOLVES A CHANGE IN THE NATURE  OF  A
 ROUTE,  CONTAIN, TO THE EXTENT PRACTICABLE, A CLEAR GRAPHIC ILLUSTRATION
 OF SUCH CHANGE OR CHANGES; AND (F) WHERE SUCH CHANGE INVOLVES A  PARTIAL
 OR COMPLETE STATION CLOSING, SUCH NOTICE SHALL BE POSTED AT THE AFFECTED
 STATION  WITH  A  CLEAR GRAPHIC ILLUSTRATION DEPICTING THE NATURE OF ANY
 CLOSING FOR SUCH STATION.
   § 1349-DDDD. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHOR-
 ITY SHALL BE THE CONTINUANCE, FURTHER  DEVELOPMENT  AND  IMPROVEMENT  OF
 COMMUTER  TRANSPORTATION  AND  OTHER SERVICES RELATED THERETO WITHIN THE
 METROPOLITAN COMMUTER TRANSPORTATION DISTRICT, EXCEPT WITHIN THE CITY OF
 NEW YORK, INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY  RAILROAD,
 OMNIBUS,  MARINE  AND  AIR,  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS
 TITLE, IN AN EFFICIENT AND COST-EFFECTIVE MANNER THAT INCLUDES  THE  USE
 OF DESIGN-BUILD CONTRACTING ON ALL APPROPRIATE PROJECTS.
   2.  IT  IS  HEREBY  FOUND  AND  DECLARED THAT SUCH PURPOSES ARE IN ALL
 RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND  THE
 AUTHORITY  SHALL  BE  REGARDED  AS  PERFORMING AN ESSENTIAL GOVERNMENTAL
 FUNCTION IN CARRYING OUT ITS  PURPOSES  AND  IN  EXERCISING  THE  POWERS
 GRANTED BY THIS TITLE.
   § 1349-EEEE. STATE OF EMERGENCY; BOARDING OF A COMMUTER TRANSPORTATION
 BY DOMESTIC COMPANION ANIMALS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "COMMUTER TRANSPORTATION" MEANS COMMUTER TRANSPORTATION, AND OTHER
 RELATED SERVICES AND FACILITIES, OPERATED BY THE AUTHORITY OR ANY OF ITS
 SUBSIDIARIES,  INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAIL-
 ROAD, OMNIBUS, MARINE AND AIR, IN ACCORDANCE WITH THIS TITLE.
   (B) "DOMESTIC COMPANION ANIMAL" MEANS A COMPANION  ANIMAL  OR  PET  AS
 DEFINED  IN  SECTION  THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS
 LAW AND SHALL ALSO MEAN ANY OTHER  DOMESTICATED  ANIMAL  NORMALLY  MAIN-
 TAINED  IN  OR  NEAR  THE HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR
 SUCH OTHER DOMESTICATED ANIMAL.  "DOMESTIC COMPANION ANIMAL"  SHALL  NOT
 INCLUDE  A  "FARM  ANIMAL", AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
 THE AGRICULTURE AND MARKETS LAW.
   2. (A) IN THE EVENT THAT A STATE OF EMERGENCY HAS BEEN DECLARED AND AN
 EVACUATION OF ANY REGION OF THE STATE IS IN PROGRESS,  THE  OWNER  OF  A
 DOMESTIC  COMPANION  ANIMAL  SHALL  BE  PERMITTED  TO BOARD ANY COMMUTER
 TRANSPORTATION WITH SUCH DOMESTIC  COMPANION  ANIMAL  SO  LONG  AS  THAT
 ANIMAL  IS  UNDER THE OWNER'S CONTROL BY USE OF A LEASH OR TETHER, OR IS
 PROPERLY CONFINED IN AN  APPROPRIATE  CONTAINER  OR  BY  OTHER  SUITABLE
 MEANS,  PROVIDED THAT SUCH BOARDING IS AUTHORIZED BY AND CONSISTENT WITH
 THE PROVISIONS OF STATE DISASTER EMERGENCY PLANS OR LOCAL STATE OF EMER-
 GENCY PLANS PERTAINING TO THE NEEDS OF ANIMALS AND INDIVIDUALS  WITH  AN
 ANIMAL UNDER THEIR CARE. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY
 S. 2830                            132
 
 TO  THE  OWNERS  OF DOMESTIC COMPANION ANIMALS WHO ARE EVACUATING FROM A
 REGION OF THE STATE AFFECTED BY AN EMERGENCY OR  DISASTER,  OR  A  LOCAL
 STATE  OF  EMERGENCY, AS DEFINED IN SECTION TWENTY-FOUR OF THE EXECUTIVE
 LAW.
   (B) A DOMESTIC COMPANION ANIMAL MAY BE REFUSED PERMISSION TO BOARD ANY
 COMMUTER TRANSPORTATION, EVEN IF THE ANIMAL IS UNDER THE OWNER'S CONTROL
 OR  PROPERLY  CONFINED  IN  ACCORDANCE WITH THIS SUBDIVISION IF THERE IS
 REASONABLE CAUSE  TO  BELIEVE  THAT,  DUE  TO  ATTENDANT  CIRCUMSTANCES,
 PERMITTING THE ANIMAL TO BOARD WOULD POSE A HEALTH OR SAFETY HAZARD.
   3. ALL PASSENGERS WITH SERVICE ANIMALS SHALL BE GIVEN PRIORITY SEATING
 ON  ALL  MEANS  OF  TRANSPORTATION REGULATED BY THIS TITLE IN ACCORDANCE
 WITH THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF  1990",  42  U.S.C.
 S.12101 ET SEQ. FOR THE PURPOSES OF THIS SECTION, "SERVICE ANIMAL" SHALL
 HAVE  THE SAME MEANING AS SET FORTH IN THE FEDERAL "AMERICANS WITH DISA-
 BILITIES ACT OF 1990", 42 U.S.C. S.12101 ET  SEQ.  AND  ANY  REGULATIONS
 UNDER SUCH ACT.
   4.  ALL  PASSENGERS  ON  ANY COMMUTER TRANSPORTATION SHALL BE PROVIDED
 SEATING BEFORE A DOMESTIC COMPANION ANIMAL MAY BE PLACED IN A SEAT.
   5. THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROMULGATE AND  ENFORCE
 SUCH  RULES AND REGULATIONS AS SHALL BE NECESSARY FOR THE IMPLEMENTATION
 OF THIS SECTION.
   § 1349-FFFF. GENERAL POWERS OF  THE  AUTHORITY.  EXCEPT  AS  OTHERWISE
 LIMITED BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
   1. TO SUE AND BE SUED;
   2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
   3.  TO  BORROW  MONEY, TO ISSUE NEGOTIABLE NOTES, BONDS OR OTHER OBLI-
 GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE  HOLDERS  THEREOF,  AND  TO
 FINANCE OR REFINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO
 ANY  OTHER PERSON OR ENTITY, PUBLIC OR PRIVATE, OF THE PLANNING, DESIGN,
 ACQUISITION, CONSTRUCTION, IMPROVEMENT, RECONSTRUCTION OR REHABILITATION
 OF ANY TRANSPORTATION FACILITY;
   4. TO INVEST ANY FUNDS, ACCOUNTS OR  OTHER  MONIES  NOT  REQUIRED  FOR
 IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE AUTHORITY, IN:
   (A) OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT;
   (B)  OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY
 THE STATE OR THE UNITED STATES GOVERNMENT;
   (C) CERTIFICATES OF DEPOSIT OF BANKS OR TRUST COMPANIES IN THIS STATE,
 SECURED, IF THE AUTHORITY SHALL SO REQUIRE, BY OBLIGATIONS OF THE UNITED
 STATES OR OF THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL  TIMES
 TO THE AMOUNT OF THE DEPOSIT;
   (D)  BANKER'S ACCEPTANCES WITH A MATURITY OF NINETY DAYS OR LESS WHICH
 ARE ELIGIBLE FOR PURCHASE BY THE FEDERAL RESERVE BANKS AND WHOSE  RATING
 AT  THE  TIME  OF  PURCHASE  IS  IN  THE  HIGHEST RATING CATEGORY OF TWO
 NATIONALLY RECOGNIZED INDEPENDENT RATING  AGENCIES,  PROVIDED,  HOWEVER,
 THAT THE AMOUNT OF BANKER'S ACCEPTANCES OF ANY ONE BANK SHALL NOT EXCEED
 TWO HUNDRED FIFTY MILLION DOLLARS;
   (E)  OBLIGATIONS  OF ANY BANK OR CORPORATION CREATED UNDER THE LAWS OF
 EITHER THE UNITED STATES OR ANY STATE  OF  THE  UNITED  STATES  MATURING
 WITHIN  TWO HUNDRED SEVENTY DAYS, PROVIDED THAT SUCH OBLIGATIONS RECEIVE
 THE HIGHEST RATING OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGEN-
 CIES AND, PROVIDED FURTHER, THAT NO MORE THAN TWO HUNDRED FIFTY  MILLION
 DOLLARS  MAY  BE  INVESTED IN SUCH OBLIGATIONS OF ANY ONE BANK OR CORPO-
 RATION;
   (F) AS TO ANY SUCH MONEYS HELD IN RESERVE  AND  SINKING  FUNDS,  OTHER
 SECURITIES  IN  WHICH  THE  TRUSTEE OR TRUSTEES OF ANY PUBLIC RETIREMENT
 SYSTEM OR PENSION FUND HAS THE POWER TO INVEST THE MONIES THEREOF PURSU-
 S. 2830                            133
 
 ANT TO ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL  SECURITY  LAW,  EACH
 SUCH  RESERVE  AND SINKING FUND BEING TREATED AS A SEPARATE FUND FOR THE
 PURPOSES OF ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY LAW;
   (G) NOTES, BONDS, DEBENTURES, MORTGAGES AND OTHER EVIDENCES OF INDEBT-
 EDNESS, ISSUED OR GUARANTEED AT THE TIME OF THE INVESTMENT BY THE UNITED
 STATES  POSTAL  SERVICE,  THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, THE
 FEDERAL HOME LOAN MORTGAGE CORPORATION, THE STUDENT LOAN MARKETING ASSO-
 CIATION, THE FEDERAL FARM CREDIT SYSTEM,  OR  ANY  OTHER  UNITED  STATES
 GOVERNMENT SPONSORED AGENCY, PROVIDED THAT AT THE TIME OF THE INVESTMENT
 SUCH AGENCY OR ITS OBLIGATIONS ARE RATED AND THE AGENCY RECEIVES, OR ITS
 OBLIGATIONS  RECEIVE, THE HIGHEST RATING OF ALL INDEPENDENT RATING AGEN-
 CIES THAT RATE SUCH AGENCY OR ITS OBLIGATIONS, PROVIDED,  HOWEVER,  THAT
 NO MORE THAN TWO HUNDRED FIFTY MILLION DOLLARS OR SUCH GREATER AMOUNT AS
 MAY  BE  AUTHORIZED  FOR  INVESTMENT BY THE STATE COMPTROLLER BY SECTION
 NINETY-EIGHT OF THE STATE FINANCE LAW MAY BE INVESTED IN THE OBLIGATIONS
 OF ANY ONE AGENCY;
   (H) GENERAL OBLIGATION BONDS AND NOTES OF ANY  STATE  OTHER  THAN  THE
 STATE,  PROVIDED THAT SUCH BONDS AND NOTES RECEIVE THE HIGHEST RATING OF
 AT LEAST ONE INDEPENDENT RATING AGENCY, AND BONDS AND NOTES OF ANY COUN-
 TY, TOWN, CITY, VILLAGE, FIRE DISTRICT OR SCHOOL DISTRICT OF THE  STATE,
 PROVIDED  THAT  SUCH  BONDS  AND NOTES RECEIVE EITHER OF THE TWO HIGHEST
 RATINGS OF AT LEAST TWO INDEPENDENT RATING AGENCIES;
   (I) MUTUAL FUNDS REGISTERED WITH  THE  UNITED  STATES  SECURITIES  AND
 EXCHANGE  COMMISSION WHOSE INVESTMENTS ARE LIMITED TO OBLIGATIONS OF THE
 STATE DESCRIBED IN PARAGRAPH (A) OF THIS  SUBDIVISION,  OBLIGATIONS  THE
 PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE DESCRIBED IN
 PARAGRAPH  (B)  OF  THIS  SUBDIVISION, AND THOSE SECURITIES DESCRIBED IN
 PARAGRAPH (H) OF THIS SUBDIVISION AND THAT  HAVE  RECEIVED  THE  HIGHEST
 RATING  OF  AT  LEAST  ONE  INDEPENDENT RATING AGENCY, PROVIDED THAT THE
 AGGREGATE AMOUNT INVESTED AT ANY ONE TIME IN ALL SUCH MUTUAL FUNDS SHALL
 NOT EXCEED TEN MILLION DOLLARS, AND, PROVIDED FURTHER, THAT THE AUTHORI-
 TY SHALL NOT INVEST SUCH FUNDS, ACCOUNTS OR OTHER MONIES IN  ANY  MUTUAL
 FUND FOR LONGER THAN THIRTY DAYS; AND
   (J)  FINANCIAL  CONTRACTS  IN  A FOREIGN CURRENCY ENTERED INTO FOR THE
 PURPOSE OF MINIMIZING THE FOREIGN CURRENCY EXCHANGE RISK OF THE PURCHASE
 PRICE OF A CONTRACT WITH A VENDOR CHOSEN THROUGH COMPETITIVE PROCESS FOR
 THE ACQUISITION OF CAPITAL ASSETS FOR THE BENEFIT OF THE  TRANSPORTATION
 CAPITAL PROGRAM;
   5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
 MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
 THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
   6.  (A)  TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRU-
 MENTS NECESSARY OR CONVENIENT;
   (B) WITH RESPECT TO ANY LEASE TRANSACTION  ENTERED  INTO  PURSUANT  TO
 SECTION  168(F)(8)  OF  THE  UNITED  STATES INTERNAL REVENUE CODE OR ANY
 SUCCESSOR PROVISIONS, THE AUTHORITY SHALL MEET THE  FOLLOWING  STANDARDS
 AND PROCEDURES:
   (I)  NOTICE  OF  INTENTION TO NEGOTIATE SHALL BE PUBLISHED IN AT LEAST
 ONE NEWSPAPER OF GENERAL CIRCULATION, AND A COPY THEREOF SHALL BE MAILED
 TO ALL PARTIES WHO HAVE REQUESTED NOTIFICATION  FROM  THE  AUTHORITY  TO
 ENGAGE  IN  TRANSACTIONS  OF  THIS  TYPE. SUCH NOTICE SHALL DESCRIBE THE
 NATURE OF THE PROPOSED TRANSACTION AND THE FACTORS  SUBJECT  TO  NEGOTI-
 ATION,  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PRICE TO BE PAID
 TO THE AUTHORITY;
   (II) THE  AUTHORITY  SHALL  NEGOTIATE  WITH  THOSE  RESPONDENTS  WHOSE
 RESPONSE COMPLIES WITH THE REQUIREMENTS SET FORTH IN THE NOTICE; AND
 S. 2830                            134
 
   (III)  THE BOARD OF THE AUTHORITY SHALL RESOLVE ON THE BASIS OF PARTI-
 CULARIZED FINDINGS RELEVANT TO THE FACTORS NEGOTIATED THAT  SUCH  TRANS-
 ACTION  WILL  PROVIDE  MAXIMUM  AVAILABLE FINANCIAL BENEFITS, CONSISTENT
 WITH OTHER DEFINED OBJECTIVES AND REQUIREMENTS;
   (C)  THE AUTHORITY SHALL PROVIDE TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF
 THE  SENATE AND THE MINORITY LEADER OF THE ASSEMBLY NOTICE OF EACH LEASE
 ENTERED INTO PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND  SUPPORT-
 ING DOCUMENTATION OF COMPLIANCE BY THE AUTHORITY WITH SUBPARAGRAPHS (I),
 (II) AND (III) OF PARAGRAPH (B) OF THIS SUBDIVISION;
   7.  TO  ACQUIRE,  HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
 EXERCISE OF ITS POWERS;
   8. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY  REQUIRE  FOR  THE
 PERFORMANCE  OF  ITS  DUTIES,  AND TO FIX AND DETERMINE THEIR QUALIFICA-
 TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY  COUNSEL,  AUDI-
 TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
 FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
   9.  (A) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE RETIREMENT
 AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
 ITY AND ANY OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE  OR  PROVIDE  TO
 ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
 OTHER  BENEFITS  PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL PURSUANT TO
 FEDERAL OR STATE LAW;
   (B) THE AUTHORITY AND ANY OF  ITS  PUBLIC  BENEFIT  SUBSIDIARY  CORPO-
 RATIONS MAY BE A PARTICIPATING EMPLOYER IN THE NEW YORK STATE EMPLOYEES'
 RETIREMENT  SYSTEM  WITH  RESPECT TO ONE OR MORE CLASSES OF OFFICERS AND
 EMPLOYEES OF SUCH AUTHORITY OR ANY SUCH PUBLIC BENEFIT SUBSIDIARY CORPO-
 RATION, AS MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY OR  ANY  SUCH
 PUBLIC BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE, OR ANY SUBSE-
 QUENT  AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY HIM
 OR HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL SECU-
 RITY LAW. IN TAKING ANY ACTION PURSUANT TO THIS PARAGRAPH, THE AUTHORITY
 AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPORATIONS SHALL CONSIDER THE
 COVERAGES AND BENEFITS CONTINUED OR PROVIDED PURSUANT TO  PARAGRAPH  (A)
 OF THIS SUBDIVISION;
   10.  TO  MAKE  PLANS,  SURVEYS,  AND  STUDIES NECESSARY, CONVENIENT OR
 DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
 TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
   11. TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
 THE AUTHORITY MAY BE NECESSARY, CONVENIENT OR DESIRABLE FOR THE  PURPOSE
 OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY
 PURPOSE  AUTHORIZED  BY  THIS  TITLE.  THE AUTHORITY SHALL BE LIABLE FOR
 ACTUAL DAMAGE DONE DUE TO THE ENTERING UPON SUCH LANDS, WATERS OR  PREM-
 ISES AND ANY ACTIVITIES TAKEN THEREON;
   12.  THE  AUTHORITY  MAY  CONDUCT  INVESTIGATIONS  AND HEARINGS IN THE
 FURTHERANCE OF ITS GENERAL PURPOSES, AND IN AID THEREOF HAVE  ACCESS  TO
 ANY  BOOKS,  RECORDS  OR  PAPERS  RELEVANT  THERETO. IF ANY PERSON WHOSE
 TESTIMONY SHALL BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES  OF
 THE AUTHORITY SHALL FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY IN THE
 CONDUCT  OF  ANY  INVESTIGATION  OR  HEARING, OR TO PRODUCE ANY RELEVANT
 BOOKS, RECORDS OR OTHER PAPERS, THE AUTHORITY IS AUTHORIZED TO APPLY FOR
 PROCESS OF SUBPOENA, TO ISSUE OUT  OF  ANY  COURT  OF  GENERAL  ORIGINAL
 JURISDICTION WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
   13.  A  COPY  OF  ANY  REPORT  SUBMITTED  BY THE AUTHORITY PURSUANT TO
 SECTIONS TWENTY-EIGHT HUNDRED, TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT
 HUNDRED TWO OF THIS CHAPTER SHALL BE FORWARDED TO THE MAYOR OF THE  CITY
 S. 2830                            135
 
 OF  NEW  YORK  AND TO THE CHAIRPERSON OF THE BOARD OF SUPERVISORS AND TO
 THE COUNTY EXECUTIVE, IF ANY, OF EACH COUNTY WITHIN THE DISTRICT; AND
   14.  TO  DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
 ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE.
   § 1349-GGGG. CONTRACTS. 1. THE PROVISIONS OF THIS  SECTION  SHALL  NOT
 APPLY TO:
   (A)  THE  AWARD  OF ANY CONTRACT OF THE AUTHORITY IF THE BID DOCUMENTS
 FOR SUCH CONTRACT SO PROVIDE AND SUCH BID DOCUMENTS  ARE  ISSUED  WITHIN
 SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION; OR
   (B)  FOR  A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE
 OF THIS SECTION, THE AWARD OF ANY CONTRACT FOR WHICH  AN  INVITATION  TO
 BID,  SOLICITATION,  REQUEST  FOR  PROPOSAL, OR ANY SIMILAR DOCUMENT HAS
 BEEN ISSUED BY THE  AUTHORITY  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   2.  (A)  EXCEPT  AS  OTHERWISE  PROVIDED IN THIS SECTION, ALL PURCHASE
 CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT  INVOLVING  AN  ESTIMATED
 EXPENDITURE  IN  EXCESS  OF  ONE  MILLION  DOLLARS AND ALL CONTRACTS FOR
 PUBLIC WORK INVOLVING AN ESTIMATED EXPENDITURE IN EXCESS OF ONE  MILLION
 DOLLARS  SHALL  BE  AWARDED  BY  THE AUTHORITY TO THE LOWEST RESPONSIBLE
 BIDDER AFTER OBTAINING SEALED BIDS IN THE MANNER HEREINAFTER SET  FORTH.
 FOR  PURPOSES  HEREOF, CONTRACTS FOR PUBLIC WORK SHALL EXCLUDE CONTRACTS
 FOR PERSONAL, ENGINEERING AND ARCHITECTURAL, OR  PROFESSIONAL  SERVICES.
 THE  AUTHORITY  MAY  REJECT  ALL  BIDS AND OBTAIN NEW BIDS IN THE MANNER
 PROVIDED BY THIS SECTION WHEN IT IS DEEMED IN THE PUBLIC INTEREST TO  DO
 SO  OR,  IN CASES WHERE TWO OR MORE RESPONSIBLE BIDDERS SUBMIT IDENTICAL
 BIDS WHICH ARE THE LOWEST BIDS,  AWARD  THE  CONTRACT  TO  ANY  OF  SUCH
 BIDDERS  OR OBTAIN NEW BIDS FROM SUCH BIDDERS. NOTHING IN THIS PARAGRAPH
 SHALL OBLIGATE THE AUTHORITY TO SEEK NEW BIDS  AFTER  THE  REJECTION  OF
 BIDS  OR  AFTER  CANCELLATION  OF  AN INVITATION TO BID. NOTHING IN THIS
 SECTION SHALL PROHIBIT THE EVALUATION OF BIDS ON THE BASIS OF  COSTS  OR
 SAVINGS  INCLUDING  LIFE  CYCLE  COSTS  OF  THE  ITEM  TO  BE PURCHASED,
 DISCOUNTS, AND INSPECTION SERVICES SO LONG  AS  THE  INVITATION  TO  BID
 REASONABLY  SETS  FORTH THE CRITERIA TO BE USED IN EVALUATING SUCH COSTS
 OR SAVINGS. LIFE CYCLE COSTS MAY INCLUDE BUT SHALL  NOT  BE  LIMITED  TO
 COSTS  OR SAVINGS ASSOCIATED WITH INSTALLATION, ENERGY USE, MAINTENANCE,
 OPERATION AND SALVAGE OR DISPOSAL.
   (B) SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF  THIS  CHAPTER  SHALL
 APPLY  TO  THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND,
 IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS  OR  MORE,
 PROVIDED:  (I)  THAT  A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED
 AMOUNT OF ONE MILLION DOLLARS OR LESS SHALL NOT REQUIRE APPROVAL BY  THE
 BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH
 THE  SERVICES  ARE  RENDERED,  AND  PROVIDED FURTHER THAT A CONTRACT FOR
 SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF  ONE  MILLION  DOLLARS  OR
 MORE  SHALL REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF
 THE LENGTH OF THE PERIOD OVER WHICH THE  SERVICES  ARE  RENDERED  UNLESS
 SUCH  A  CONTRACT  IS  AWARDED  TO  THE  LOWEST RESPONSIBLE BIDDER AFTER
 OBTAINING SEALED BIDS; AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOL-
 UTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF  CONTRACTS  TO  SMALL
 BUSINESS  CONCERNS,  TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTI-
 FIED PURSUANT TO ARTICLE THREE OF THE VETERANS' SERVICES LAW, OR MINORI-
 TY OR WOMEN-OWNED BUSINESS ENTERPRISES  CERTIFIED  PURSUANT  TO  ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT
 ARE  RECYCLED  OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED ONE MILLION
 DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT  FURTHER  BOARD
 APPROVAL.  THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL
 S. 2830                            136
 
 BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT  WITHOUT  A
 FORMAL COMPETITIVE PROCESS.
   (C)(I)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION, THE AUTHORITY SHALL ESTABLISH GUIDELINES  GOVERNING  THE  QUALI-
 FICATIONS  OF  BIDDERS  ENTERING INTO CONTRACTS FOR ITS PROJECT TO BRING
 THE LONG ISLAND RAIL ROAD INTO GRAND CENTRAL TERMINAL,  REFERRED  TO  AS
 THE  "EAST  SIDE  ACCESS  PROJECT" FOR THE PURPOSES OF THIS SECTION. THE
 BIDDING MAY BE RESTRICTED TO THOSE  WHO  HAVE  QUALIFIED  PRIOR  TO  THE
 RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED BY THE AUTHORITY; PROVIDED,
 HOWEVER, THAT THE AWARD OF CONTRACTS SHALL, TO THE EXTENT NOT INCONSIST-
 ENT  WITH  THIS  PARAGRAPH,  BE IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
 SUBDIVISION.
   (II) IN DETERMINING WHETHER A PROSPECTIVE  BIDDER  QUALIFIES  FOR  THE
 INCLUSION  ON  A  LIST  OF PREQUALIFIED BIDDERS FOR THE EAST SIDE ACCESS
 PROJECT, THE AUTHORITY SHALL  CONSIDER:  (A)  THE  EXPERIENCE  AND  PAST
 PERFORMANCE  OF  THE  PROSPECTIVE  BIDDER;  (B) THE PROSPECTIVE BIDDER'S
 ABILITY TO UNDERTAKE WORK, INCLUDING  BUT  NOT  LIMITED  TO  WHETHER  IT
 PARTICIPATES  IN  STATE  APPROVED APPRENTICESHIP PROGRAMS AND WHETHER IT
 UTILIZES EMPLOYEES WHO ARE REPRESENTED BY LABOR ORGANIZATIONS;  (C)  THE
 FINANCIAL  CAPABILITY  AND RESPONSIBILITY OF THE PROSPECTIVE BIDDER; AND
 (D) THE RECORDS OF THE PROSPECTIVE BIDDER  IN  COMPLYING  WITH  EXISTING
 LABOR  STANDARDS.  THE AUTHORITY MAY ALSO CONSIDER SUCH OTHER FACTORS AS
 IT DEEMS APPROPRIATE.
   3. (A) ADVERTISEMENT FOR BIDS, WHEN REQUIRED BY THIS SECTION, SHALL BE
 PUBLISHED AT LEAST ONCE IN A NEWSPAPER OF  GENERAL  CIRCULATION  IN  THE
 AREA  SERVED BY THE AUTHORITY AND IN THE PROCUREMENT OPPORTUNITIES NEWS-
 LETTER PUBLISHED PURSUANT TO ARTICLE FOUR-C OF THE ECONOMIC  DEVELOPMENT
 LAW  PROVIDED  THAT, NOTWITHSTANDING THE PROVISIONS OF ARTICLE FOUR-C OF
 THE ECONOMIC DEVELOPMENT LAW, AN ADVERTISEMENT SHALL  ONLY  BE  REQUIRED
 FOR  A  PURCHASE  CONTRACT  FOR  SUPPLIES,  MATERIALS  OR EQUIPMENT WHEN
 REQUIRED BY THIS SECTION. PUBLICATION IN A NEWSPAPER OF  GENERAL  CIRCU-
 LATION IN THE AREA SERVED OR IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER
 SHALL  NOT  BE REQUIRED IF BIDS FOR CONTRACTS FOR SUPPLIES, MATERIALS OR
 EQUIPMENT ARE OF A TYPE REGULARLY PURCHASED BY THE AUTHORITY AND ARE  TO
 BE  SOLICITED FROM A LIST OF POTENTIAL SUPPLIERS, IF SUCH LIST IS OR HAS
 BEEN DEVELOPED CONSISTENT WITH THE PROVISIONS OF SUBDIVISION SIX OF THIS
 SECTION. ANY SUCH ADVERTISEMENT SHALL CONTAIN A STATEMENT  OF:  (I)  THE
 TIME  AND  PLACE  WHERE  BIDS RECEIVED PURSUANT TO ANY NOTICE REQUESTING
 SEALED BIDS WILL BE PUBLICLY OPENED AND  READ;  (II)  THE  NAME  OF  THE
 CONTRACTING  AGENCY;  (III)  THE  CONTRACT IDENTIFICATION NUMBER; (IV) A
 BRIEF DESCRIPTION OF THE PUBLIC WORK, SUPPLIES, MATERIALS, OR  EQUIPMENT
 SOUGHT,  THE  LOCATION  WHERE  WORK  IS TO BE PERFORMED, GOODS ARE TO BE
 DELIVERED OR SERVICES PROVIDED AND THE CONTRACT TERM;  (V)  THE  ADDRESS
 WHERE  BIDS OR PROPOSALS ARE TO BE SUBMITTED; (VI) THE DATE WHEN BIDS OR
 PROPOSALS ARE DUE; (VII) A DESCRIPTION OF ANY ELIGIBILITY OR  QUALIFICA-
 TION  REQUIREMENT  OR  PREFERENCE;  (VIII) A STATEMENT AS TO WHETHER THE
 CONTRACT REQUIREMENTS  MAY  BE  FULFILLED  BY  A  SUBCONTRACTING,  JOINT
 VENTURE, OR CO-PRODUCTION ARRANGEMENT; (IX) ANY OTHER INFORMATION DEEMED
 USEFUL  TO  POTENTIAL  CONTRACTORS; AND (X) THE NAME, ADDRESS, AND TELE-
 PHONE NUMBER OF THE PERSON TO BE CONTACTED FOR  ADDITIONAL  INFORMATION.
 AT  LEAST  FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
 TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE  MAY
 BE, AND THE DATE OF OPENING AND READING OF BIDS.
   (B)  THE  AUTHORITY  MAY DESIGNATE ANY OFFICER OR EMPLOYEE TO OPEN THE
 BIDS AT THE TIME AND PLACE BIDS ARE TO BE OPENED AND  MAY  DESIGNATE  AN
 OFFICER  TO  AWARD  THE  CONTRACT TO THE LOWEST RESPONSIBLE BIDDER. SUCH
 S. 2830                            137
 
 DESIGNEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS  THE
 AUTHORITY  SHALL PRESCRIBE.   ALL BIDS RECEIVED SHALL BE PUBLICLY OPENED
 AND READ AT THE TIME AND PLACE SPECIFIED IN THE ADVERTISEMENT OR AT  THE
 TIME  OF  SOLICITATION,  OR  TO  WHICH THE OPENING AND READING HAVE BEEN
 ADJOURNED BY THE AUTHORITY. ALL BIDDERS SHALL BE NOTIFIED  OF  THE  TIME
 AND PLACE OF ANY SUCH ADJOURNMENT.
   4.  NOTWITHSTANDING  THE  FOREGOING,  THE AUTHORITY MAY, BY RESOLUTION
 APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN  OFFICE,  OR  BY  A
 MAJORITY  VOTE  OF  ITS MEMBERS WITH RESPECT TO CONTRACTS PROPOSED TO BE
 LET PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION DECLARE  THAT  COMPET-
 ITIVE  BIDDING  IS IMPRACTICAL OR INAPPROPRIATE BECAUSE OF THE EXISTENCE
 OF ANY OF THE CIRCUMSTANCES HEREINAFTER SET  FORTH  AND  THEREAFTER  THE
 AUTHORITY  MAY  PROCEED  TO  AWARD  CONTRACTS WITHOUT COMPLYING WITH THE
 REQUIREMENTS OF SUBDIVISION TWO OR THREE OF THIS SECTION. IN  EACH  CASE
 WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL OR INAPPRO-
 PRIATE,  IT SHALL STATE THE REASON THEREFOR IN WRITING AND SUMMARIZE ANY
 NEGOTIATIONS THAT HAVE BEEN  CONDUCTED.  EXCEPT  FOR  CONTRACTS  AWARDED
 PURSUANT  TO  PARAGRAPHS  (A), (B), (C) AND (E) OF THIS SUBDIVISION, THE
 AUTHORITY SHALL NOT AWARD ANY  CONTRACT  PURSUANT  TO  THIS  SUBDIVISION
 EARLIER  THAN  THIRTY DAYS FROM THE DATE ON WHICH THE AUTHORITY DECLARES
 THAT COMPETITIVE BIDDING IS IMPRACTICAL  OR  INAPPROPRIATE.  COMPETITIVE
 BIDDING MAY ONLY BE DECLARED IMPRACTICAL OR INAPPROPRIATE WHERE:
   (A)  THE EXISTENCE OF AN EMERGENCY INVOLVING DANGER TO LIFE, SAFETY OR
 PROPERTY REQUIRES IMMEDIATE ACTION AND CANNOT AWAIT COMPETITIVE  BIDDING
 OR  THE  ITEM TO BE PURCHASED IS ESSENTIAL TO EFFICIENT OPERATION OR THE
 ADEQUATE PROVISION OF SERVICE AND AS  A  CONSEQUENCE  OF  AN  UNFORESEEN
 CIRCUMSTANCE SUCH PURCHASE CANNOT AWAIT COMPETITIVE BIDDING;
   (B) THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE RESPONSI-
 BLE  SOURCE, PROVIDED THAT IF BIDS HAVE NOT BEEN SOLICITED FOR SUCH ITEM
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITHIN THE PRECEDING  TWELVE
 MONTHS, PUBLIC NOTICE SHALL FIRST BE GIVEN PURSUANT TO SUBDIVISION THREE
 OF THIS SECTION;
   (C) THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR ONLY A SINGLE RESPON-
 SIVE BID IN RESPONSE TO AN INVITATION FOR COMPETITIVE BIDS;
   (D) THE AUTHORITY WISHES TO EXPERIMENT WITH OR TEST A PRODUCT OR TECH-
 NOLOGY  OR  NEW  SOURCE  FOR  SUCH PRODUCT OR TECHNOLOGY OR EVALUATE THE
 SERVICE OR RELIABILITY OF SUCH PRODUCT OR TECHNOLOGY;
   (E) THE ITEM IS AVAILABLE  THROUGH  AN  EXISTING  CONTRACT  BETWEEN  A
 VENDOR  AND:  (I)  ANOTHER  PUBLIC  AUTHORITY  PROVIDED  THAT SUCH OTHER
 AUTHORITY UTILIZED A PROCESS OF COMPETITIVE  BIDDING  OR  A  PROCESS  OF
 COMPETITIVE  REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS; (II) NASSAU
 COUNTY; (III) THE STATE OF NEW YORK; OR  (IV)  THE  CITY  OF  NEW  YORK,
 PROVIDED THAT IN ANY CASE WHEN UNDER THIS PARAGRAPH THE AUTHORITY DETER-
 MINES  THAT  OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST
 AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE  AUTHORITY  SHALL
 ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF
 THE AUTHORITY'S ORDER; OR
   (F)  THE  AUTHORITY  DETERMINES  THAT  IT IS IN THE PUBLIC INTEREST TO
 AWARD CONTRACTS PURSUANT TO  A  PROCESS  FOR  COMPETITIVE  REQUESTS  FOR
 PROPOSALS  AS  HEREINAFTER  SET  FORTH.  FOR PURPOSES OF THIS SECTION, A
 PROCESS FOR COMPETITIVE REQUESTS FOR PROPOSALS SHALL MEAN  A  METHOD  OF
 SOLICITING  PROPOSALS  AND  AWARDING A CONTRACT ON THE BASIS OF A FORMAL
 EVALUATION OF THE CHARACTERISTICS, SUCH AS QUALITY, COST, DELIVERY SCHE-
 DULE AND FINANCING OF SUCH PROPOSALS AGAINST STATED SELECTION  CRITERIA.
 PUBLIC  NOTICE  OF THE REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME
 MANNER AS PROVIDED IN  SUBDIVISION  THREE  OF  THIS  SECTION  AND  SHALL
 S. 2830                            138
 
 INCLUDE THE SELECTION CRITERIA. IN THE EVENT THE AUTHORITY MAKES A MATE-
 RIAL  CHANGE  IN  THE SELECTION CRITERIA FROM THOSE PREVIOUSLY STATED IN
 THE NOTICE, IT WILL INFORM ALL  PROPOSERS  OF  SUCH  CHANGE  AND  PERMIT
 PROPOSERS TO MODIFY THEIR PROPOSALS;
   (I) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY
 AFTER  A RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN
 OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH  SUCH  RESOLUTION:  (A)
 DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS; (B)
 SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF ANY,
 AVAILABLE  TO  PROPOSERS  TO PRESENT AND MODIFY THEIR PROPOSALS; AND (C)
 SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE.
   (II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE:  (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS; OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   (G) THE AUTHORITY ISSUES A COMPETITIVE REQUEST FOR PROPOSALS  PURSUANT
 TO  THE PROCEDURES OF PARAGRAPH (F) OF THIS SUBDIVISION FOR THE PURCHASE
 OR REHABILITATION OF RAIL CARS  AND  OMNIBUSES.  ANY  SUCH  REQUEST  MAY
 INCLUDE  AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL OR A
 PORTION OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR THE USE
 OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE  STATE  OF  NEW  YORK,
 PROVIDED  HOWEVER  THAT IN NO EVENT SHALL THE AUTHORITY AWARD A CONTRACT
 TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT COST  IS  MORE
 THAN  TEN  PERCENT  HIGHER THAN THE UNIT COST OF ANY QUALIFIED COMPETING
 FINAL OFFER, IF THE SOLE BASIS FOR SUCH AWARD IS THAT THE HIGHER  PRICED
 OFFER  INCLUDES  MORE  FAVORABLE  PROVISION  FOR  THE PERFORMANCE OF THE
 CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF  GOODS  PRODUCED  OR
 SERVICES  PROVIDED  WITHIN  THE  STATE OF NEW YORK, AND FURTHER PROVIDED
 THAT THE AUTHORITY'S DISCRETION TO AWARD A CONTRACT TO ANY  MANUFACTURER
 SHALL  NOT BE SO LIMITED IF A BASIS FOR SUCH AWARD, AS DETERMINED BY THE
 AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE, LIFE  CYCLE,  RELI-
 ABILITY,  OR  ANY OTHER FACTOR THE AUTHORITY DEEMS RELEVANT TO ITS OPER-
 ATIONS;
   (I) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY
 AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS THAN A TWO-THIRDS VOTE
 OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY  WITH
 SUCH RESOLUTION; (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF
 THEIR  PROPOSALS;  (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE
 OPPORTUNITIES, IF ANY, AVAILABLE TO  PROPOSERS  TO  PRESENT  AND  MODIFY
 THEIR  PROPOSALS;  AND  (C)  SETTING  FORTH  THE CRITERIA UPON WHICH THE
 SELECTION WAS MADE.
   (II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE:  (A) NEGOTI-
 ATIONS WITH ANY PROPOSERS FOLLOWING THE  RECEIPT  OF  RESPONSES  TO  THE
 REQUEST  FOR  PROPOSALS; OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
 ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
 NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
   5. UPON THE ADOPTION OF A RESOLUTION BY  THE  AUTHORITY  STATING,  FOR
 REASONS  OF  EFFICIENCY, ECONOMY, COMPATIBILITY OR MAINTENANCE RELIABIL-
 ITY, THAT THERE IS A NEED FOR STANDARDIZATION, THE AUTHORITY MAY  ESTAB-
 LISH  PROCEDURES WHEREBY PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT ARE
 IDENTIFIED ON A QUALIFIED PRODUCTS LIST. SUCH PROCEDURES  SHALL  PROVIDE
 FOR  PRODUCTS  OR  VENDORS  TO BE ADDED TO OR DELETED FROM SUCH LIST AND
 SHALL INCLUDE PROVISIONS FOR PUBLIC ADVERTISEMENT OF THE MANNER IN WHICH
 SUCH LISTS ARE COMPILED. THE AUTHORITY SHALL REVIEW SUCH  LIST  NO  LESS
 THAN  TWICE  A  YEAR  FOR  THE  PURPOSE  OF  MAKING  SUCH MODIFICATIONS.
 S. 2830                            139
 
 CONTRACTS FOR PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT IDENTIFIED  ON
 A  QUALIFIED PRODUCTS LIST MAY BE AWARDED BY THE AUTHORITY TO THE LOWEST
 RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS IN ACCORDANCE  WITH  THIS
 SECTION OR WITHOUT COMPETITIVE SEALED BIDS IN INSTANCES WHEN THE ITEM IS
 AVAILABLE  FROM  ONLY  A  SINGLE  SOURCE,  EXCEPT THAT THE AUTHORITY MAY
 DISPENSE WITH ADVERTISING PROVIDED THAT IT MAILS COPIES OF  THE  INVITA-
 TION  TO  BID  TO  ALL  VENDORS  OF THE PARTICULAR ITEM ON THE QUALIFIED
 PRODUCTS LIST.
   6. THE  AUTHORITY  SHALL  COMPILE  A  LIST  OF  POTENTIAL  SOURCES  OF
 SUPPLIES,  MATERIALS  OR  EQUIPMENT  REGULARLY  PURCHASED. THE AUTHORITY
 SHALL, BY RESOLUTION, SET FORTH THE PROCEDURES  IT  HAS  ESTABLISHED  TO
 IDENTIFY  NEW  SOURCES AND TO NOTIFY SUCH NEW SOURCES OF THE OPPORTUNITY
 TO BID FOR CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS  OR  EQUIP-
 MENT.  SUCH  PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ADVER-
 TISING IN TRADE JOURNALS; (B) COOPERATION WITH FEDERAL, STATE AND  LOCAL
 AGENCIES  WITHIN  ITS  AREA  OF OPERATIONS; (C) PUBLICATION IN THE STATE
 REGISTER QUARTERLY; AND (D) PROCEDURES ESTABLISHED PURSUANT TO  SUBDIVI-
 SION THIRTEEN OF SECTION THIRTEEN HUNDRED FORTY-NINE-J OF THIS ARTICLE.
   7.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  NOT SUPERSEDE ANY OTHER
 PROVISIONS OF LAW RELATIVE TO PURCHASES OF PRODUCTS OR DEVICES  MANUFAC-
 TURED OR PROVIDED BY THE BLIND OR OTHER SEVERELY HANDICAPPED PERSONS, TO
 THE  INVITATION  AND  ACCEPTANCE OF BIDS FROM SMALL OR MINORITY BUSINESS
 ENTERPRISES OR TO THE PURCHASES  OF  SUPPLIES,  MATERIALS  OR  EQUIPMENT
 THROUGH  THE  OFFICE  OF  GENERAL  SERVICES.  EXCEPT AS MAY OTHERWISE BE
 PROVIDED BY LAW OR AS MORE RESTRICTIVELY DEFINED IN THE OFFICIAL  POLICY
 OR  BID SPECIFICATIONS OF THE AUTHORITY, THE TERM "SMALL BUSINESS" MEANS
 A SMALL BUSINESS OR SIMILAR TERM, UNDER FEDERAL  REGULATIONS  APPLICABLE
 TO PROJECTS OF THE AUTHORITY WHICH ARE FEDERALLY ASSISTED.
   8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
 SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF
 GOODS,  MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER THEIR
 BID IS THE CURRENT LOW BID AND ALLOW BIDDERS TO SUBMIT NEW  BIDS  BEFORE
 THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL
 NOT  CONSTITUTE  DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT
 HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
   9. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  ANY  PROCUREMENT
 MADE  BY  ANY OTHER PUBLIC ENTITY NOT OTHERWISE REQUIRED BY LAW TO AWARD
 CONTRACTS FOR SUCH PURCHASES TO THE LOWEST RESPONSIBLE  BIDDER  IF  SUCH
 PURCHASES ARE MADE AT THE SOLE COST AND EXPENSE OF SUCH ENTITY.
   10.  (A)  WHENEVER  THE  COMPTROLLER  PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED SEVENTY-NINE-A OF THIS CHAPTER INTENDS TO REQUIRE SUPERVISION IN
 THE FORM OF PRIOR REVIEW AND APPROVAL OF A CONTRACT OR  CONTRACT  AMEND-
 MENT  TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THEN SUCH
 CONTRACT OR CONTRACT AMENDMENT SHALL BE SUBMITTED TO THE COMPTROLLER  BY
 THE AUTHORITY FOR APPROVAL AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT
 UNLESS  IT SHALL FIRST HAVE BEEN APPROVED BY THE COMPTROLLER BUT ONLY IF
 THE COMPTROLLER HAS NOTIFIED THE AUTHORITY OF SUCH DETERMINATION  WITHIN
 THIRTY  DAYS  OF  HAVING  RECEIVED  WRITTEN  NOTICE  OF SUCH CONTRACT OR
 CONTRACT AMENDMENT EITHER  IN  THE  AUTHORITY'S  ANNUAL  REPORT  OR  ANY
 REVISED REPORT.
   (B)  IF  THE COMPTROLLER HAS TIMELY NOTIFIED THE AUTHORITY AS PROVIDED
 IN PARAGRAPH (A) OF THIS  SUBDIVISION  THAT  ANY  CONTRACT  OR  CONTRACT
 AMENDMENT SHALL BE SUBJECT TO COMPTROLLER PRIOR REVIEW AND APPROVAL, AND
 SUCH  CONTRACT  OR  CONTRACT  AMENDMENT  HAS BEEN SUBMITTED TO THE COMP-
 TROLLER, IT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL  IF
 S. 2830                            140
 
 THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED IT WITHIN THIRTY DAYS OF
 SUBMISSION TO THE COMPTROLLER.
   11.  THE AWARD OF CONSTRUCTION CONTRACTS BY THE AUTHORITY SHALL NOT BE
 SUBJECT TO THE PROVISIONS OF SECTION ONE  HUNDRED  ONE  OF  THE  GENERAL
 MUNICIPAL LAW.
   §  1349-HHHH. COMMUTER TRANSPORTATION AUTHORITY SMALL BUSINESS MENTOR-
 ING PROGRAM. 1. AS USED IN THIS SECTION,  UNLESS  THE  CONTEXT  REQUIRES
 OTHERWISE:
   (A)  "AUTHORITY"  MEANS  COMMUTER  TRANSPORTATION  AUTHORITY  AND  ITS
 SUBSIDIARIES;
   (B) "CHAIRPERSON" MEANS THE  CHAIRPERSON  OF  THE  AUTHORITY  AND  ITS
 SUBSIDIARIES AND AFFILIATES;
   (C)  "SMALL  BUSINESS"  MEANS  A  BUSINESS  IN THE CONSTRUCTION TRADES
 WHICH: (I) IS INDEPENDENTLY OWNED AND OPERATED; (II) HAS ANNUAL REVENUES
 NOT EXCEEDING A FISCAL LIMITATION OF FIVE MILLION DOLLARS OR SUCH LESSER
 AMOUNT AS ESTABLISHED BY THE AUTHORITY PURSUANT TO THESE PROVISIONS; AND
 (III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY  THE  CHAIR-
 PERSON  IN  CONSULTATION WITH THE MEMBERS OF THE COMMUTER TRANSPORTATION
 SMALL BUSINESS MENTORING PROGRAM ADVISORY COMMITTEE. THE  CHAIR  OF  THE
 COMMITTEE  SHALL  BE  THE  CHIEF DIVERSITY OFFICER OF THE AUTHORITY. THE
 AUTHORITY SHALL ESTABLISH A DETAILED DEFINITION IN GENERAL AND  SPECIFIC
 TO  DIFFERENT SEGMENTS OF THE CONSTRUCTION INDUSTRY TO THE EXTENT NECES-
 SARY TO REFLECT DIFFERING CHARACTERISTICS OF SUCH SEGMENTS BASED ON  THE
 CRITERIA  USED  BY  THE  UNITED STATES SMALL BUSINESS ADMINISTRATION FOR
 LOANS TO SMALL BUSINESSES AS  SET  FORTH  IN  SECTIONS  121.301  THROUGH
 121.305,  OR  FOR  AWARDING  GOVERNMENT  PROCUREMENTS  AS  SET  FORTH IN
 SECTIONS 121.401 THROUGH 121.413, OF SUBPART A OF PART 121 OF CHAPTER  I
 OF  TITLE  13  OF  THE  CODE OF FEDERAL REGULATIONS AS AMENDED, AND SUCH
 OTHER CRITERIA AS DETERMINED BY THE AUTHORITY;
   (D) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
 AUTHORITY PURSUANT TO  THESE  PROVISIONS  TO  PROVIDE  SMALL  BUSINESSES
 ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
   (I)  FOR  UP  TO  FOUR  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
 PERFORM CERTAIN AUTHORITY PUBLIC WORK CONTRACTS TO BE DESIGNATED BY  THE
 AUTHORITY  FOR  INCLUSION  IN THIS PROGRAM UNDER THIS SUBPARAGRAPH, WITH
 THE ASSISTANCE OF AN AUTHORITY-PROVIDED MENTOR, WHICH SHALL  BE  A  FIRM
 COMPETITIVELY  SELECTED BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION
 MANAGEMENT AND MENTORING EXPERIENCE, WITH  THE  MENTOR  TO  PROVIDE  THE
 SMALL  BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND MANAGING
 AUTHORITY PUBLIC WORK CONTRACTS; AND
   (II) FOR A SMALL BUSINESS  MENTORING  PROGRAM  PARTICIPANT  WHICH  THE
 AUTHORITY  HAS  DETERMINED  HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS: (A)
 ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER  DESIGNATED  SMALL  BUSI-
 NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
 FOR  INCLUSION  UNDER  THIS  SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM
 SUCH AUTHORITY PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF  AN
 AUTHORITY-PROVIDED  MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
 BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND  MENTOR-
 ING  EXPERIENCE,  WITH  THE  MENTOR  TO  PROVIDE THE SMALL BUSINESS WITH
 ADVICE AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING  AUTHORITY
 PUBLIC  WORK CONTRACTS; AND (B) AUTHORITY-PROVIDED ASSISTANCE, AS DETER-
 MINED BY THE AUTHORITY, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING  FOR
 PUBLIC  WORK  CONTRACTS  THAT  ARE  COMPETITIVELY  AWARDED  PURSUANT  TO
 PROVISIONS OF LAW OTHER THAN THIS SECTION;
 S. 2830                            141

   (E) "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A  NON-FEDERALLY
 FUNDED AUTHORITY PUBLIC WORK CONTRACT DESIGNATED BY THE AUTHORITY, IN AN
 ESTIMATED  AMOUNT  OF  NOT  MORE  THAN ONE MILLION DOLLARS FOR CONTRACTS
 UNDER SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS  SUBDIVISION  AND  THREE
 MILLION  DOLLARS  FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (D)
 OF THIS SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE  INVITED  AND
 ACCEPTED  ONLY  FROM  BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS
 MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR
 THE CONTRACT.
   2. (A) PURSUANT TO THESE PROVISIONS, THE  AUTHORITY  MAY  ESTABLISH  A
 SMALL BUSINESS MENTORING PROGRAM. IN CONNECTION THEREWITH, THE AUTHORITY
 MAY  DETERMINE  THE CRITERIA PURSUANT TO WHICH A SMALL BUSINESS SHALL BE
 ELIGIBLE FOR AND SELECTED TO PARTICIPATE IN THE PROGRAM  UNDER  SUBPARA-
 GRAPHS (I) AND (II) OF PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION,
 THE NUMBER OF PARTICIPANTS TO PARTICIPATE IN EACH SUCH COMPONENTS OF THE
 PROGRAM,  THE  CRITERIA  FOR THE COMPETITIVE SELECTION OF THE FIRMS THAT
 WILL PROVIDE SMALL BUSINESSES WITH MENTORING SERVICES, THE ASSIGNMENT OF
 A MENTOR TO A SPECIFIC SMALL BUSINESS IN THE  SMALL  BUSINESS  MENTORING
 PROGRAM, AND THE FUNDING FOR THE PROGRAM.
   (B) UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE CHAIRPERSON OR THE
 CHAIRPERSON'S   DESIGNEE   IS   AUTHORIZED,  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW:
   (I) TO DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL  BE  SMALL
 BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
 PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
   (II)  TO  ESTABLISH  STANDARDS FOR QUALIFYING SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS  MENTORING  PROGRAM
 CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
 THE PROGRAM SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
   (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
 ING  PROGRAM  CONTRACT  SHOULD BE RESTRICTED TO SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS  OR  PROPOSALS,
 HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
   (IV)  TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
 EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
 VISION OF THE AUTHORITY, WILL PROVIDE MENTORING SERVICES  TO  THE  SMALL
 BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
 ASSIGN  SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES PARTICIPAT-
 ING IN THE PROGRAM;
   (V) FOR SMALL BUSINESS MENTORING  PROGRAM  CONTRACTS,  EXCEPT  AS  SET
 FORTH  HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF A
 PUBLIC WORK CONTRACT PURSUANT TO SECTIONS THIRTEEN  HUNDRED  FORTY-NINE-
 GGGG AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER AND ANY OTHER
 PROVISION OF LAW;
   (VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
 HAVE  BEEN  AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS TO OBTAIN
 ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN  CONNECTION
 WITH  SUCH  CONTRACT  ONLY  NOTWITHSTANDING ANY PROVISION OF SECTION TWO
 THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
   (VII) FOR SMALL BUSINESSES THAT HAVE  BEEN  ACCEPTED  INTO  THE  SMALL
 BUSINESS  MENTORING  PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH (D) OF
 SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO  THE  BENEFITS  OF  SUCH
 PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
 NICAL  ASSISTANCE IN OBTAINING BIDS, PAYMENT AND PERFORMANCE BONDING FOR
 AUTHORITY PUBLIC WORK CONTRACTS THAT ARE NOT  SMALL  BUSINESS  MENTORING
 PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
 S. 2830                            142
 
   3.  (A)  IF  THE  TOTAL  NUMBER  OF QUALIFIED SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION  AND  ARE  CONSIDERED
 CAPABLE  OF  MEETING  THE  SPECIFICATIONS AND TERMS OF THE INVITATION TO
 COMPETE IS LESS THAN THREE, OR IF THE CHAIRPERSON OR  THE  CHAIRPERSON'S
 DESIGNEE DETERMINES THAT ACCEPTANCE OF THE BEST OFFER WILL RESULT IN THE
 PAYMENT  OF  AN  UNREASONABLE PRICE, THE AUTHORITY MAY REJECT ALL OFFERS
 AND WITHDRAW THE DESIGNATION OF THE CONTRACT AS A SMALL BUSINESS MENTOR-
 ING PROGRAM CONTRACT.
   (B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION OF CONTRACT AS A  SMALL
 BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT MADE OFFERS
 SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE SAME OR REWRIT-
 TEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED AS A SMALL BUSINESS
 MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT PERIOD.
   4.  A MENTOR SHALL PROVIDE SERVICES AND ASSISTANCE TO A SMALL BUSINESS
 AS DESIGNATED BY THE AUTHORITY, WHICH MAY INCLUDE THE FOLLOWING:
   (A) PROVIDE BUSINESS TRAINING IN THE SKILLS  NECESSARY  TO  OPERATE  A
 SUCCESSFUL CONSTRUCTION BUSINESS AND TO COMPETE FOR AND PERFORM A PUBLIC
 WORK CONTRACT;
   (B)  PROVIDE  TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
 OUTCOME IF THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
 CONTRACT;
   (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
 SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
 SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5.  THE AUTHORITY MAY DELEGATE TO THE CHAIRPERSON OR THE CHAIRPERSON'S
 DESIGNEE THE AUTHORITY'S RESPONSIBILITIES SET FORTH HEREIN.
   6. THE SMALL BUSINESS MENTORING PROGRAM CONTRACTS AUTHORIZED  BY  THIS
 LEGISLATION  SHALL, FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN AGGRE-
 GATE AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL  NOT  EXCEED
 ONE  HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS TO
 BE SET BY THE CHAIRPERSON.
   § 1349-IIII. SPECIAL POWERS OF THE AUTHORITY. IN ORDER  TO  EFFECTUATE
 THE PURPOSES OF THIS TITLE:
   1.  THE  AUTHORITY  MAY  ACQUIRE,  BY PURCHASE, GIFT, GRANT, TRANSFER,
 CONTRACT OR LEASE, ANY TRANSPORTATION  FACILITY  OTHER  THAN  A  TRANSIT
 FACILITY  WHOLLY OR PARTIALLY WITHIN THE METROPOLITAN COMMUTER TRANSPOR-
 TATION DISTRICT, OR ANY PART THEREOF, OR THE USE THEREOF, AND MAY  ENTER
 INTO  ANY  JOINT  SERVICE ARRANGEMENTS AS HEREINAFTER PROVIDED. ANY SUCH
 ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL  BE  AUTHORIZED  ONLY  BY
 RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE OF
 THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT
 IN  THE  EVENT  OF  A TIE VOTE THE CHAIRPERSON SHALL CAST ONE ADDITIONAL
 VOTE.
   2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
 DETERMINE  NECESSARY,  CONVENIENT  OR  DESIRABLE  ITSELF  PLAN,  DESIGN,
 ACQUIRE,  ESTABLISH, CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE,
 IMPROVE, EXTEND, REHABILITATE  OR  REPAIR  ANY  TRANSPORTATION  FACILITY
 OTHER  THAN A TRANSIT PROJECT, OR MAY PROVIDE FOR SUCH PLANNING, DESIGN,
 ACQUISITION, ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAIN-
 TENANCE, RENOVATION, IMPROVEMENT, EXTENSION, REHABILITATION OR REPAIR BY
 CONTRACT, LEASE OR OTHER ARRANGEMENT ON SUCH TERMS AS THE AUTHORITY  MAY
 DEEM  NECESSARY,  CONVENIENT OR DESIRABLE WITH ANY PERSON, INCLUDING BUT
 NOT LIMITED TO ANY COMMON CARRIER OR FREIGHT FORWARDER, THE  STATE,  ANY
 STATE  AGENCY,  THE  FEDERAL  GOVERNMENT,  ANY  OTHER STATE OR AGENCY OR
 S. 2830                            143
 
 INSTRUMENTALITY THEREOF, ANY PUBLIC  AUTHORITY  OF  THIS  OR  ANY  OTHER
 STATE,  THE  PORT  OF NEW YORK AUTHORITY OR ANY POLITICAL SUBDIVISION OR
 MUNICIPALITY OF THE STATE. IN  CONNECTION  WITH  THE  OPERATION  OF  ANY
 TRANSPORTATION FACILITY, THE AUTHORITY MAY PLAN, DESIGN, ACQUIRE, ESTAB-
 LISH,  CONSTRUCT,  EFFECTUATE,  OPERATE,  MAINTAIN,  RENOVATE,  IMPROVE,
 EXTEND OR REPAIR OR MAY PROVIDE BY CONTRACT, LEASE OR OTHER  ARRANGEMENT
 FOR  THE  PLANNING,  DESIGN,  ACQUISITION,  ESTABLISHMENT, CONSTRUCTION,
 EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVEMENT, EXTENSION
 OR REPAIR OF ANY RELATED SERVICES AND  ACTIVITIES  IT  DEEMS  NECESSARY,
 CONVENIENT OR DESIRABLE, INCLUDING BUT NOT LIMITED TO THE TRANSPORTATION
 AND STORAGE OF FREIGHT AND THE UNITED STATES MAIL, FEEDER AND CONNECTING
 TRANSPORTATION,  PARKING  AREAS,  TRANSPORTATION  CENTERS,  STATIONS AND
 RELATED FACILITIES.
   3. (A) EXCEPT AS DIRECTED IN PARAGRAPH (C) OF  THIS  SUBDIVISION,  THE
 AUTHORITY  MAY  ESTABLISH,  LEVY AND COLLECT OR CAUSE TO BE ESTABLISHED,
 LEVIED AND COLLECTED AND, IN THE CASE OF A  JOINT  SERVICE  ARRANGEMENT,
 JOIN  WITH  OTHERS  IN  THE  ESTABLISHMENT,  LEVY AND COLLECTION OF SUCH
 FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER  FEES  AS  IT  MAY  DEEM
 NECESSARY,  CONVENIENT  OR  DESIRABLE  FOR  THE USE AND OPERATION OF ANY
 TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY  THE  AUTHORITY
 OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
 OR  OTHER  ARRANGEMENT,  INCLUDING  JOINT SERVICE ARRANGEMENTS, WITH THE
 AUTHORITY. ANY SUCH FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER  FEES
 FOR  THE  TRANSPORTATION  OF PASSENGERS SHALL BE ESTABLISHED AND CHANGED
 ONLY IF APPROVED BY RESOLUTION OF THE AUTHORITY ADOPTED BY NOT LESS THAN
 A MAJORITY VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN  IN
 OFFICE,  WITH THE CHAIRPERSON HAVING ONE ADDITIONAL VOTE IN THE EVENT OF
 A TIE VOTE, AND ONLY AFTER A  PUBLIC  HEARING,  PROVIDED  HOWEVER,  THAT
 FARES,  TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES FOR THE TRANSPORTA-
 TION OF PASSENGERS ON ANY TRANSPORTATION FACILITY WHICH ARE IN EFFECT AT
 THE TIME THAT THE THEN OWNER OF SUCH TRANSPORTATION FACILITY  BECOMES  A
 SUBSIDIARY CORPORATION OF THE AUTHORITY OR AT THE TIME THAT OPERATION OF
 SUCH  TRANSPORTATION  FACILITY  IS  COMMENCED  BY  THE  AUTHORITY  OR IS
 COMMENCED UNDER CONTRACT, LEASE OR OTHER  ARRANGEMENT,  INCLUDING  JOINT
 SERVICE  ARRANGEMENTS,  WITH  THE  AUTHORITY  MAY BE CONTINUED IN EFFECT
 WITHOUT SUCH A HEARING. SUCH FARES, TOLLS, RENTALS, RATES,  CHARGES  AND
 OTHER  FEES SHALL BE ESTABLISHED AS MAY IN THE JUDGMENT OF THE AUTHORITY
 BE NECESSARY TO MAINTAIN THE COMBINED OPERATIONS OF  THE  AUTHORITY  AND
 ITS  SUBSIDIARY  CORPORATIONS ON A SELF-SUSTAINING BASIS. THE SAID OPER-
 ATIONS SHALL BE DEEMED TO BE ON A SELF-SUSTAINING BASIS AS  REQUIRED  BY
 THIS  TITLE,  WHEN THE AUTHORITY IS ABLE TO PAY OR CAUSE TO BE PAID FROM
 REVENUE AND ANY OTHER  FUNDS  OR  PROPERTY  ACTUALLY  AVAILABLE  TO  THE
 AUTHORITY  AND ITS SUBSIDIARY CORPORATIONS: (I) AS THE SAME SHALL BECOME
 DUE, THE PRINCIPAL OF AND INTEREST ON THE  BONDS  AND  NOTES  AND  OTHER
 OBLIGATIONS  OF  THE AUTHORITY AND ITS SUBSIDIARIES AND THE METROPOLITAN
 TRANSPORTATION  AUTHORITY,  TOGETHER  WITH  THE  MAINTENANCE  OF  PROPER
 RESERVES  THEREFOR;  (II) THE COST AND EXPENSE OF KEEPING THE PROPERTIES
 AND ASSETS OF THE AUTHORITY AND  ITS  SUBSIDIARY  CORPORATIONS  IN  GOOD
 CONDITION  AND  REPAIR;  AND (III) THE CAPITAL AND OPERATING EXPENSES OF
 THE  AUTHORITY  AND  ITS  SUBSIDIARY  CORPORATIONS.  THE  AUTHORITY  MAY
 CONTRACT  WITH  THE HOLDERS OF BONDS AND NOTES WITH RESPECT TO THE EXER-
 CISE OF THE POWERS AUTHORIZED BY THIS SECTION.  NO  ACTS  OR  ACTIVITIES
 TAKEN  OR PROPOSED TO BE TAKEN BY THE AUTHORITY OR ANY SUBSIDIARY OF THE
 AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE DEEMED
 TO BE "ACTIONS" FOR THE PURPOSES OR WITHIN THE MEANING OF ARTICLE  EIGHT
 OF THE ENVIRONMENTAL CONSERVATION LAW.
 S. 2830                            144
 
   (B)  ALL  FARES, TOLLS, RENTALS, RATES, CHARGES, AND OTHER FEES ESTAB-
 LISHED, LEVIED, AND COLLECTED OR CAUSED TO BE ESTABLISHED,  LEVIED,  AND
 COLLECTED, SHALL FIRST BE TRANSFERRED TO THE METROPOLITAN TRANSPORTATION
 AUTHORITY IN ORDER TO MAINTAIN THE METROPOLITAN TRANSPORTATION AUTHORITY
 ON  A SELF-SUSTAINING BASIS UNLESS ALREADY PLEDGED TO SECURE, AND NECES-
 SARY TO SATISFY THE DEBT SERVICE  OR  RESERVE  REQUIREMENTS  OF,  BONDS,
 NOTES  OR OTHER OBLIGATIONS OF THE AUTHORITY PRIOR TO JANUARY FIRST, TWO
 THOUSAND TWENTY-FOUR.
   (C) IN THE EVENT THAT THE MONTHLY REVENUES OF THE METROPOLITAN  TRANS-
 PORTATION  AUTHORITY  FALL  BELOW ONE HUNDRED TWENTY-FIVE PERCENT OF THE
 AMOUNT NECESSARY TO MAINTAIN THE OPERATIONS OF THE  METROPOLITAN  TRANS-
 PORTATION  AUTHORITY  ON  A SELF-SUSTAINING BASIS, AS DEFINED BY SECTION
 TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE, THE AUTHORITY  SHALL,  AT  THE
 DIRECTION  OF THE METROPOLITAN TRANSPORTATION AUTHORITY, ESTABLISH, LEVY
 AND COLLECT OR CAUSE TO BE ESTABLISHED, LEVIED  AND  COLLECTED,  IN  THE
 CASE  OF A JOINT SERVICE ARRANGEMENT, AND JOIN WITH OTHERS IN THE ESTAB-
 LISHMENT, LEVY AND COLLECTION OF  SUCH  FARES,  TOLLS,  RENTALS,  RATES,
 CHARGES  AND OTHER FEES AS THE METROPOLITAN TRANSPORTATION AUTHORITY MAY
 DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
 TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY  THE  AUTHORITY
 OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
 OR  OTHER  ARRANGEMENT,  INCLUDING  JOINT SERVICE ARRANGEMENTS, WITH THE
 AUTHORITY, UNTIL SUCH TIME THAT MONTHLY  REVENUES  OF  THE  METROPOLITAN
 TRANSPORTATION AUTHORITY HAS EXCEEDED, FOR THREE CONSECUTIVE MONTHS, TWO
 HUNDRED  PERCENT  OF  THE AMOUNT NECESSARY TO MAINTAIN THE OPERATIONS OF
 THE METROPOLITAN TRANSPORTATION AUTHORITY ON A SELF-SUSTAINING BASIS.
   4. THE AUTHORITY MAY ESTABLISH AND,  IN  THE  CASE  OF  JOINT  SERVICE
 ARRANGEMENTS,  JOIN  WITH  OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
 AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
 ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE  CONDUCT  AND
 SAFETY  OF  THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
 FOR THE USE AND OPERATION OF ANY  TRANSPORTATION  FACILITY  AND  RELATED
 SERVICES  OPERATED  BY  THE  AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER
 ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH  THE  AUTHORITY.
 SUCH  RULES  AND  REGULATIONS  GOVERNING  THE  CONDUCT AND SAFETY OF THE
 PUBLIC SHALL BE FILED  WITH  THE  DEPARTMENT  OF  STATE  IN  THE  MANNER
 PROVIDED BY SECTION ONE HUNDRED TWO OF THE EXECUTIVE LAW. IN THE CASE OF
 ANY  CONFLICT  BETWEEN  ANY  SUCH  RULE  OR  REGULATION OF THE AUTHORITY
 GOVERNING THE CONDUCT OR THE SAFETY OF THE PUBLIC  AND  ANY  LOCAL  LAW,
 ORDINANCE,  RULE OR REGULATION, SUCH RULE OR REGULATION OF THE AUTHORITY
 SHALL PREVAIL. VIOLATION OF ANY SUCH RULE OR REGULATION OF THE AUTHORITY
 GOVERNING THE CONDUCT OR THE SAFETY OF THE PUBLIC IN OR UPON ANY FACILI-
 TY OF THE AUTHORITY SHALL CONSTITUTE AN OFFENSE AND SHALL BE  PUNISHABLE
 BY  A FINE NOT EXCEEDING FIFTY DOLLARS OR IMPRISONMENT FOR NOT MORE THAN
 THIRTY DAYS OR BOTH OR MAY BE PUNISHABLE BY THE IMPOSITION  OF  A  CIVIL
 PENALTY  BY  THE TRANSIT ADJUDICATION BUREAU ESTABLISHED PURSUANT TO THE
 PROVISIONS OF TITLE NINE OF THIS ARTICLE.
   5. (A)  THE  AUTHORITY  MAY  ACQUIRE,  HOLD,  OWN,  LEASE,  ESTABLISH,
 CONSTRUCT,  EFFECTUATE,  OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
 REPAIR ANY TRANSPORTATION FACILITIES THROUGH, AND CAUSE ANY ONE OR  MORE
 OF  ITS  POWERS,  DUTIES,  FUNCTIONS  OR  ACTIVITIES  TO BE EXERCISED OR
 PERFORMED BY, ONE OR MORE WHOLLY OWNED SUBSIDIARY  CORPORATIONS  OF  THE
 AUTHORITY, AND MAY TRANSFER TO OR FROM ANY SUCH CORPORATIONS ANY MONEYS,
 REAL  PROPERTY  OR  OTHER PROPERTY FOR ANY OF THE PURPOSES OF THIS TITLE
 UPON SUCH TERMS AND CONDITIONS AS SHALL BE AGREED TO AND SUBJECT TO SUCH
 PAYMENT OR REPAYMENT OBLIGATIONS AS ARE REQUIRED BY LAW OR BY ANY AGREE-
 S. 2830                            145
 
 MENT TO WHICH ANY OF THE AFFECTED ENTITIES IS SUBJECT.  THE DIRECTORS OR
 MEMBERS OF EACH SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY CORPORATION
 SHALL BE THE SAME PERSONS HOLDING THE OFFICES OF MEMBERS OF THE AUTHORI-
 TY.  THE  CHAIRPERSON  OF THE BOARD OF EACH SUCH SUBSIDIARY SHALL BE THE
 CHAIRPERSON OF THE AUTHORITY, SERVING  EX  OFFICIO  AND,  PROVIDED  THAT
 THERE IS AN EXECUTIVE DIRECTOR OF THE COMMUTER TRANSPORTATION AUTHORITY,
 THE  EXECUTIVE DIRECTOR OF SUCH SUBSIDIARY SHALL BE THE EXECUTIVE DIREC-
 TOR OF  THE  COMMUTER  TRANSPORTATION  AUTHORITY,  SERVING  EX  OFFICIO.
 NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, THE CHAIRPERSON
 SHALL BE THE CHIEF EXECUTIVE OFFICER OF EACH SUCH SUBSIDIARY  AND  SHALL
 BE  RESPONSIBLE  FOR  THE  DISCHARGE OF THE EXECUTIVE AND ADMINISTRATIVE
 FUNCTIONS AND POWERS OF EACH SUCH SUBSIDIARY. THE CHAIRPERSON AND EXECU-
 TIVE DIRECTOR, IF ANY, SHALL BE EMPOWERED TO DELEGATE HIS OR  HER  FUNC-
 TIONS  AND  POWERS  TO  ONE  OR  MORE OFFICERS OR EMPLOYEES OF EACH SUCH
 SUBSIDIARY DESIGNATED BY HIM OR HER. EACH SUCH SUBSIDIARY CORPORATION OF
 THE AUTHORITY AND ANY OF ITS PROPERTY, FUNCTIONS  AND  ACTIVITIES  SHALL
 HAVE  ALL  OF  THE  PRIVILEGES,  IMMUNITIES,  TAX  EXEMPTIONS  AND OTHER
 EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S  PROPERTY,  FUNCTIONS
 AND ACTIVITIES. EACH SUCH SUBSIDIARY CORPORATION SHALL BE SUBJECT TO THE
 RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. EACH
 SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE SUBJECT TO SUIT IN
 ACCORDANCE WITH SECTION THIRTEEN HUNDRED FORTY-NINE-LLLLL OF THIS TITLE.
 THE  EMPLOYEES  OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE
 ALSO EMPLOYEES OF THE AUTHORITY, SHALL NOT BE DEEMED  EMPLOYEES  OF  THE
 AUTHORITY.
   (B)  IF  THE AUTHORITY SHALL DETERMINE THAT ONE OR MORE OF ITS SUBSID-
 IARY CORPORATIONS SHOULD BE IN THE FORM OF A PUBLIC BENEFIT CORPORATION,
 IT SHALL CREATE EACH SUCH PUBLIC BENEFIT CORPORATION  BY  EXECUTING  AND
 FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCORPORATION, WHICH
 MAY  BE  AMENDED  FROM TIME TO TIME BY FILING, WHICH SHALL SET FORTH THE
 NAME OF SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION,  ITS  DURATION,  THE
 LOCATION  OF  ITS  PRINCIPAL  OFFICE,  AND ANY OR ALL OF THE PURPOSES OF
 ACQUIRING, OWNING, LEASING,  ESTABLISHING,  CONSTRUCTING,  EFFECTUATING,
 OPERATING,  MAINTAINING,  RENOVATING,  IMPROVING, EXTENDING OR REPAIRING
 ONE OR MORE FACILITIES OF THE  AUTHORITY.    EACH  SUCH  PUBLIC  BENEFIT
 SUBSIDIARY  CORPORATION  SHALL BE A BODY POLITIC AND CORPORATE AND SHALL
 HAVE ALL THOSE POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF  THIS
 TITLE  WHICH THE AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS CERTIFICATE
 OF INCORPORATION EXCEPT THE POWER TO CONTRACT INDEBTEDNESS.
   (C) WHENEVER ANY STATE, POLITICAL SUBDIVISION,  MUNICIPALITY,  COMMIS-
 SION,  AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION OR PERSON IS AUTHOR-
 IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE  TO  CO-OPERATE
 AND  ENTER  INTO  AGREEMENTS  WITH  THE  AUTHORITY SUCH STATE, POLITICAL
 SUBDIVISION,  MUNICIPALITY,  COMMISSION,  AGENCY,  OFFICER,  DEPARTMENT,
 BOARD,  DIVISION  OR  PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER
 FOR ANY OF SUCH PURPOSES TO CO-OPERATE AND ENTER INTO AGREEMENTS WITH  A
 SUBSIDIARY CORPORATION OF THE AUTHORITY.
   6.  EACH  OF THE AUTHORITY AND ITS SUBSIDIARIES, IN ITS OWN NAME OR IN
 THE NAME OF THE STATE, MAY APPLY FOR AND RECEIVE AND  ACCEPT  GRANTS  OF
 PROPERTY, MONEY AND SERVICES AND OTHER ASSISTANCE OFFERED OR MADE AVAIL-
 ABLE TO IT BY ANY PERSON, GOVERNMENT OR AGENCY, WHICH IT MAY USE TO MEET
 CAPITAL  OR OPERATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF
 ITS POWERS, AND TO NEGOTIATE FOR THE SAME UPON SUCH TERMS AND CONDITIONS
 AS THE RESPECTIVE AUTHORITY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR
 DESIRABLE.
 S. 2830                            146
 
   7. THE AUTHORITY MAY LEASE RAILROAD CARS  FOR  USE  IN  ITS  PASSENGER
 SERVICE  PURSUANT  TO THE PROVISIONS OF CHAPTER SIX HUNDRED THIRTY-EIGHT
 OF THE LAWS OF NINETEEN HUNDRED FIFTY-NINE.
   8.  (A) THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT
 OR DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION
 OF TRANSPORTATION FACILITIES, EQUIPMENT OR REAL PROPERTY OPERATED BY  OR
 UNDER  CONTRACT,  LEASE  OR OTHER ARRANGEMENT WITH THE AUTHORITY AND ITS
 SUBSIDIARIES.  EXCEPT AS HEREINAFTER SPECIALLY PROVIDED, NO MUNICIPALITY
 OR POLITICAL SUBDIVISION, INCLUDING BUT NOT LIMITED TO A  COUNTY,  CITY,
 VILLAGE,  TOWN  OR SCHOOL OR OTHER DISTRICT SHALL HAVE JURISDICTION OVER
 ANY FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES, OR  ANY  OF  THEIR
 ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOLUTIONS, ORDINANCES, RULES
 AND  REGULATIONS  OF A MUNICIPALITY OR POLITICAL SUBDIVISION, HERETOFORE
 OR HEREAFTER ADOPTED, CONFLICTING WITH THIS TITLE OR ANY RULE  OR  REGU-
 LATION  OF THE AUTHORITY OR ITS SUBSIDIARIES, SHALL NOT BE APPLICABLE TO
 THE ACTIVITIES OR OPERATIONS OF THE AUTHORITY AND ITS  SUBSIDIARIES,  OR
 THE FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES, EXCEPT SUCH FACIL-
 ITIES  THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPORTATION OR TRANSIT
 PURPOSES. EACH MUNICIPALITY OR POLITICAL SUBDIVISION, INCLUDING BUT  NOT
 LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR DISTRICT IN WHICH ANY FACIL-
 ITIES OF THE AUTHORITY OR ITS SUBSIDIARIES ARE LOCATED SHALL PROVIDE FOR
 SUCH  FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES OF THE SAME
 CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESIDENTS OF SUCH
 MUNICIPALITY OR POLITICAL SUBDIVISION.
   (B) THE JURISDICTION, SUPERVISION, POWERS AND DUTIES OF THE DEPARTMENT
 OF TRANSPORTATION OF THE STATE UNDER THE TRANSPORTATION  LAW  SHALL  NOT
 EXTEND  TO THE AUTHORITY IN THE EXERCISE OF ANY OF ITS POWERS UNDER THIS
 TITLE. THE AUTHORITY MAY AGREE WITH SUCH DEPARTMENT FOR THE EXECUTION BY
 SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR  ANY  GRADE
 CROSSING  SEPARATION  RECONSTRUCTION PROJECT ALONG ANY RAILROAD FACILITY
 OPERATED BY THE AUTHORITY OR BY ONE OF ITS  SUBSIDIARY  CORPORATIONS  OR
 UNDER  CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
 PROJECT SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE  TRANSPORTA-
 TION  LAW  AND THE RAILROAD LAW, AND THE COSTS OF ANY SUCH PROJECT SHALL
 BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHORITY'S SHARE  OF
 SUCH COSTS SHALL BE BORNE BY THE STATE.
   9. UPON APPROVAL BY THE COMMISSIONER OF TRANSPORTATION OF THE STATE OF
 NEW  YORK  OF  DETAILED  PLANS AND SPECIFICATIONS, WHICH APPROVAL MAY BE
 BASED  UPON  CONSIDERATIONS  OF  RELATIVE  NEED  AND   THE   TIMING   OF
 CONSTRUCTION,  THE  AUTHORITY  IS AUTHORIZED TO DESIGN, CONSTRUCT, MAIN-
 TAIN, OPERATE, IMPROVE AND RECONSTRUCT A HIGHWAY  BRIDGE  CROSSING  LONG
 ISLAND SOUND, AS FOLLOWS:
   (A) UPON: (I) THE ENACTMENT BY THE STATE OF CONNECTICUT OF LEGISLATION
 HAVING  LIKE EFFECT AS THE PROVISIONS OF THIS PARAGRAPH AND THE GRANTING
 OF THE CONSENT OF THE CONGRESS OF THE UNITED STATES OF  AMERICA  TO  THE
 INTERSTATE  COMPACT  THEREBY CREATED; AND (II) IN CONFORMITY WITH RECOM-
 MENDATIONS OF THE NEW YORK-CONNECTICUT BI-STATE BRIDGE STUDY COMMISSION,
 THE AUTHORITY IS AUTHORIZED, IN COOPERATION  WITH  ANY  DULY  DESIGNATED
 AGENCY  OR  AGENCIES  OF THE STATE OF CONNECTICUT, TO DESIGN, CONSTRUCT,
 MAINTAIN, OPERATE, IMPROVE AND RECONSTRUCT  A  HIGHWAY  BRIDGE  CROSSING
 LONG ISLAND SOUND FROM A POINT IN THE VICINITY OF THE CITY OF BRIDGEPORT
 IN THE STATE OF CONNECTICUT TO A POINT IN THE VICINITY OF THE VILLAGE OF
 PORT  JEFFERSON  IN  THE  STATE OF NEW YORK, TOGETHER WITH APPROACHES TO
 SUCH BRIDGE; AND TO CONTRACT FROM TIME TO TIME WITH SUCH AGENCY OR AGEN-
 CIES OF THE STATE OF CONNECTICUT WITH RESPECT TO ALL  MATTERS  AFFECTING
 THESE  AUTHORIZATIONS, INCLUDING, WITHOUT LIMITATION, THE SHARING OF ALL
 S. 2830                            147
 
 CAPITAL, OPERATIONAL AND MAINTENANCE EXPENSE, EXCEPT  THAT  THE  CAPITAL
 EXPENSE  OF  THE  ORIGINAL  CONSTRUCTION  OF SUCH BRIDGE, OTHER THAN THE
 EXPENSE OF ACQUIRING THE NEEDED REAL PROPERTY, SHALL BE IN THE RATIO  OF
 FIFTY  PER CENTUM FOR THE AUTHORITY AND FIFTY PER CENTUM FOR SUCH AGENCY
 OR AGENCIES OF THE STATE OF CONNECTICUT, THE MANNER AND BY WHOM THE WORK
 OF DESIGN, CONSTRUCTION, RECONSTRUCTION,  IMPROVEMENT,  MAINTENANCE  AND
 OPERATION  IS  TO  BE PERFORMED OR CONTRACTED TO OTHERS FOR PERFORMANCE,
 THE TOLLS, FEES AND OTHER CHARGES TO BE IMPOSED FROM TIME  TO  TIME  FOR
 THE  USE  OF  SUCH  BRIDGE, AND THE SHARING OF REVENUES DERIVED FROM THE
 IMPOSITION OF SUCH TOLLS, FEES AND CHARGES,  EXCEPT  THAT  NET  REVENUES
 REMAINING AFTER DEDUCTION OF OPERATIONAL AND MAINTENANCE EXPENSE OF SUCH
 BRIDGE  SHALL  BE IN THE RATIO OF FIFTY PER CENTUM FOR THE AUTHORITY AND
 FIFTY PER CENTUM FOR THE STATE OF CONNECTICUT  OR  FOR  SUCH  AGENCY  OR
 AGENCIES OF THE STATE OF CONNECTICUT. SUBJECT TO THE LIMITATIONS IMPOSED
 UPON THE AUTHORITY BY THE PROVISIONS OF THE SAID CONTRACTS, THAT PORTION
 OF  THE  SAID  BRIDGE  AND  ITS  APPROACHES SITUATE AND LYING WITHIN THE
 TERRITORIAL BOUNDARIES OF THE STATE  OF  NEW  YORK  SHALL  BE  DEEMED  A
 "TRANSPORTATION  FACILITY" OF THE AUTHORITY FOR ALL THE PURPOSES OF THIS
 TITLE, BUT TOLLS, FEES AND OTHER CHARGES IMPOSED FOR  THE  USE  OF  SUCH
 BRIDGE  SHALL NOT BE DEEMED TO HAVE BEEN IMPOSED "FOR THE TRANSPORTATION
 OF PASSENGERS" WITHIN  THE  INTENDMENT  OF  SUBDIVISION  THREE  OF  THIS
 SECTION.
   (B)  IF  FUNDS  ARE MADE AVAILABLE BY THE AUTHORITY FOR THE PAYMENT OF
 THE COST AND EXPENSE OF THE ACQUISITION  THEREOF,  THE  COMMISSIONER  OF
 TRANSPORTATION  OF THE STATE OF NEW YORK, WHEN REQUESTED BY THE AUTHORI-
 TY, MAY ACQUIRE IN THE NAME OF THE STATE SUCH REAL PROPERTY LYING WITHIN
 THE TERRITORIAL BOUNDARIES OF THE STATE AS MAY BE DETERMINED  FROM  TIME
 TO  TIME  BY  THE  AUTHORITY TO BE NECESSARY, CONVENIENT OR DESIRABLE TO
 CARRY OUT THE AUTHORIZATIONS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION AND THIS PARAGRAPH, MAY REMOVE THE OWNER OR OCCUPANT THEREOF  WHERE
 NECESSARY  AND  OBTAIN  POSSESSION AND, WHEN REQUESTED BY THE AUTHORITY,
 MAY DISPOSE OF ANY REAL PROPERTY  SO  ACQUIRED,  ALL  ACCORDING  TO  THE
 PROCEDURES  PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW. THE AUTHORITY
 SHALL HAVE THE RIGHT TO POSSESS AND USE FOR ITS CORPORATE  PURPOSES  ALL
 SUCH REAL PROPERTY SO ACQUIRED, ALL ACCORDING TO THE PROCEDURES PROVIDED
 IN SECTION THIRTY OF THE HIGHWAY LAW. THE AUTHORITY SHALL HAVE THE RIGHT
 TO  POSSESS AND USE FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY SO
 ACQUIRED. CLAIMS FOR THE VALUE OF  THE  PROPERTY  APPROPRIATED  AND  FOR
 LEGAL  DAMAGES  CAUSED  BY  ANY SUCH APPROPRIATION SHALL BE ADJUSTED AND
 DETERMINED BY THE COMMISSIONER OF TRANSPORTATION WITH  THE  APPROVAL  OF
 THE AUTHORITY OR BY THE COURT OF CLAIMS AS PROVIDED IN SECTION THIRTY OF
 THE  HIGHWAY  LAW. WHEN A CLAIM HAS BEEN FILED WITH THE COURT OF CLAIMS,
 THE CLAIMANT SHALL CAUSE A COPY OF SUCH CLAIM  TO  BE  SERVED  UPON  THE
 AUTHORITY  AND  THE AUTHORITY SHALL HAVE THE RIGHT TO BE REPRESENTED AND
 HEARD BEFORE SUCH COURT. ALL AWARDS  AND  JUDGMENTS  ARISING  FROM  SUCH
 CLAIMS SHALL BE PAID OUT OF MONEYS OF THE AUTHORITY.
   (C)  THE  AUTHORITY, ACTING INDEPENDENTLY OR JOINTLY OR IN COOPERATION
 WITH SUCH AGENCY OR AGENCIES OF THE STATE OF CONNECTICUT, MAY ALSO APPLY
 FOR AND ACCEPT, UPON CONDITION OR OTHERWISE, FROM  THE  DULY  AUTHORIZED
 AGENCIES OF THE FEDERAL GOVERNMENT, AND OF THE GOVERNMENTS OF THE STATES
 OF  CONNECTICUT  AND  NEW  YORK, SUCH UNDERWATER AND OVERWATER GRANTS OF
 REAL PROPERTY, LICENSES OR PERMITS AS SHALL BE NECESSARY, CONVENIENT  OR
 DESIRABLE  TO  CARRY  OUT THE AUTHORIZATIONS SET FORTH IN PARAGRAPHS (A)
 AND (B) OF THIS SUBDIVISION.
   (D) THE PROVISIONS OF CHAPTER FOUR HUNDRED FORTY-TWO OF  THE  LAWS  OF
 NINETEEN  HUNDRED  SIXTY-FIVE,  AND  OF  ANY  AGREEMENT  ENTERED INTO IN
 S. 2830                            148
 
 PURSUANCE THEREOF, RELATING TO THE REPAYMENT OF A LOAN MADE BY THE STATE
 TO THE AUTHORITY FOR THE PURCHASE OF THE LONG ISLAND RAIL ROAD SHALL  BE
 INAPPLICABLE  TO:  (I)  THE  CONSTRUCTION  OF  SUCH  BRIDGES  AND  THEIR
 APPROACHES;  (II)  BONDS,  NOTES  OR  OTHER OBLIGATIONS OF THE AUTHORITY
 ISSUED FOR OR IN CONNECTION WITH THE FINANCING OF THE  COST  OF  DESIGN,
 CONSTRUCTION AND RECONSTRUCTION OF SUCH BRIDGES AND THEIR APPROACHES, OR
 THE  PROCEEDS  REALIZED  UPON  SUCH ISSUANCE; AND (III) REVENUES DERIVED
 FROM THE INVESTMENT OF SUCH PROCEEDS OR OF ANY PART  THEREOF,  AND  FROM
 THE  IMPOSITION  OF  TOLLS,  FEES  OR  OTHER CHARGES FOR THE USE OF SUCH
 BRIDGES.
   10. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL,  SPECIAL
 OR  LOCAL, OR OF ANY AGREEMENT ENTERED INTO IN PURSUANCE THEREOF, RELAT-
 ING TO THE REPAYMENT OF ANY LOAN OR ADVANCE MADE BY  THE  STATE  TO  THE
 AUTHORITY, THE AUTHORITY SHALL NOT BE REQUIRED TO REPAY ANY SUCH LOAN OR
 ADVANCE  HERETOFORE  MADE  FROM OR BY REASON OF THE ISSUANCE OF BONDS OR
 NOTES OR FROM THE PROCEEDS REALIZED UPON SUCH ISSUANCE OR FROM ANY OTHER
 FUNDS RECEIVED FROM ANY SOURCE WHATEVER IN  AID  OR  ASSISTANCE  OF  THE
 PROJECT  OR  PROJECTS FOR THE FINANCING OF WHICH SUCH BONDS OR NOTES ARE
 ISSUED.
   11. NO PROJECT TO BE CONSTRUCTED UPON REAL PROPERTY  THERETOFORE  USED
 FOR  A  TRANSPORTATION  PURPOSE, OR ON AN INSUBSTANTIAL ADDITION TO SUCH
 PROPERTY CONTIGUOUS THERETO, WHICH WILL NOT CHANGE IN A MATERIAL RESPECT
 THE GENERAL CHARACTER OF SUCH PRIOR TRANSPORTATION USE, NOR ANY ACTS  OR
 ACTIVITIES  IN  CONNECTION  WITH  SUCH  PROJECT, SHALL BE SUBJECT TO THE
 PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR OR TWENTY-FIVE OF THE
 ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED
 PURSUANT TO ANY SUCH ARTICLE. NOR SHALL ANY ACTS OR ACTIVITIES TAKEN  OR
 PROPOSED  TO BE TAKEN BY THE AUTHORITY OR BY ANY OTHER PERSON OR ENTITY,
 PUBLIC OR PRIVATE, IN CONNECTION WITH THE PLANNING, DESIGN, ACQUISITION,
 IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A  TRANS-
 PORTATION FACILITY, OTHER THAN A MARINE OR AVIATION FACILITY, BE SUBJECT
 TO  THE  PROVISIONS  OF  ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
 LAW, OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTI-
 CLE IF SUCH ACTS OR ACTIVITIES REQUIRE THE PREPARATION  OF  A  STATEMENT
 UNDER  OR  PURSUANT  TO ANY FEDERAL LAW OR REGULATION AS TO THE ENVIRON-
 MENTAL IMPACT THEREOF.
   12. THE AUTHORITY AND EACH OF ITS SUBSIDIARY CORPORATIONS SHALL  PLACE
 ON EACH TRANSFORMER AND SUBSTATION WHICH CONTAINS POLYCHLORINATED BIPHE-
 NYLS  (PCBS)  A  SYMBOL SO INDICATING THE PRESENCE OF PCBS. USE OF A PCB
 MARK ILLUSTRATED IN THE RULES AND REGULATIONS  PROMULGATED  PURSUANT  TO
 THE  FEDERAL  TOXIC  SUBSTANCES  CONTROL ACT SHALL CONSTITUTE COMPLIANCE
 WITH THE PROVISIONS OF THIS SUBDIVISION.
   13. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE  TERMS  OF  ANY
 CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD,
 SHALL  ESTABLISH  AND  IMPLEMENT A NO FARE PROGRAM FOR TRANSPORTATION ON
 THE LONG ISLAND RAIL ROAD FOR POLICE OFFICERS EMPLOYED BY  THE  CITY  OF
 NEW YORK, COUNTY OF NASSAU, NASSAU COUNTY VILLAGES AND CITIES, COUNTY OF
 SUFFOLK,  SUFFOLK  COUNTY  VILLAGES  AND  TOWNS,  THE  DIVISION OF STATE
 POLICE, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY,  THE  METRO-NORTH
 COMMUTER  RAILROAD  COMPANY, THE NEW YORK CITY HOUSING AUTHORITY AND THE
 NEW YORK CITY TRANSIT AUTHORITY. IN ESTABLISHING SUCH PROGRAM, WHICH HAS
 AS ITS GOAL INCREASED PROTECTION AND IMPROVED SAFETY FOR ITS  COMMUTERS,
 THE  AUTHORITY  AND THE LONG ISLAND RAIL ROAD SHALL, AMONG OTHER THINGS,
 CONSIDER: (A) REQUIRING POLICE OFFICERS WHO RIDE WITHOUT COST TO  REGIS-
 TER  WITH  THE  LONG  ISLAND  RAIL ROAD AS A CONDITION OF RIDING WITHOUT
 COST; (B) REQUIRING SUCH OFFICERS TO INDICATE DURING  SUCH  REGISTRATION
 S. 2830                            149
 
 PROCESS THEIR REGULAR WORKING HOURS AND THE LONG ISLAND RAIL ROAD TRAINS
 THAT  SUCH  OFFICERS EXPECT TO RIDE; AND (C) PERIODICALLY RE-REGISTERING
 AND RE-VALIDATING SUCH OFFICERS. THE AUTHORITY AND THE LONG ISLAND  RAIL
 ROAD  SHALL  ALSO  HAVE THE POWER TO CONSIDER OTHER MATTERS NECESSARY TO
 CARRY OUT THE GOALS AND OBJECTIVES OF THIS SECTION.
   14. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR  THE  TERMS  OF
 ANY  CONTRACT,  THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL
 ROAD AND THE METRO-NORTH COMMUTER RAILROAD COMPANY, SHALL ESTABLISH  AND
 IMPLEMENT  A  NO FARE PROGRAM FOR TRANSPORTATION ON THE LONG ISLAND RAIL
 ROAD AND THE METRO-NORTH COMMUTER RAILROAD COMPANY FOR INDIVIDUALS SERV-
 ING AS PERSONAL CARE ATTENDANTS ACCOMPANYING AN AMERICANS WITH DISABILI-
 TIES ACT PARATRANSIT ELIGIBLE INDIVIDUAL.
   (B) IN ORDER TO BE ELIGIBLE FOR SUCH NO FARE PROGRAM THE PERSONAL CARE
 ATTENDANT SHALL SHOW HIS OR HER COMMUNITY BASED PERSONAL CARE  ATTENDANT
 AGENCY ISSUED IDENTIFICATION CARD.
   (C) IN ORDER TO BE CONSIDERED ACCOMPANYING AN AMERICANS WITH DISABILI-
 TIES  ACT  PARATRANSIT  ELIGIBLE  INDIVIDUAL THE PERSONAL CARE ATTENDANT
 SHALL HAVE THE SAME ORIGIN AND DESTINATION AS SUCH PARATRANSIT  ELIGIBLE
 INDIVIDUAL.
   15.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY AND ANY
 OF ITS SUBSIDIARY CORPORATIONS SHALL ESTABLISH AND IMPLEMENT A HALF FARE
 RATE PROGRAM FOR PERSONS WITH SERIOUS MENTAL ILLNESS WHO ARE ELIGIBLE TO
 RECEIVE SUPPLEMENTAL SECURITY INCOME BENEFITS  AS  DEFINED  PURSUANT  TO
 TITLE SIXTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SECTION TWO HUNDRED
 NINE OF THE SOCIAL SERVICES LAW.
   16.  THE  AUTHORITY  SHALL  CONDUCT  A  CAMPAIGN OF PUBLIC OUTREACH TO
 INFORM THE PUBLIC OF THE PROVISIONS PERTAINING TO ASSAULT  ON  EMPLOYEES
 DESCRIBED IN SUBDIVISION ELEVEN OF SECTION 120.05 OF THE PENAL LAW.
   §  1349-JJJJ.  MEDICAL  EMERGENCY  SERVICES.  THE  AUTHORITY IS HEREBY
 AUTHORIZED AND DIRECTED TO  PREPARE  AND  DEVELOP  A  MEDICAL  EMERGENCY
 SERVICES  PROGRAM  TO  BE  IMPLEMENTED AT A TIME TO BE SPECIFIED IN SUCH
 PROGRAM FOR THE BENEFIT OF PERSONS UTILIZING  TRANSPORTATION  AND  OTHER
 RELATED  SERVICES  OF THE AUTHORITY. SUCH PROGRAM MAY INCLUDE BUT NOT BE
 LIMITED TO PROVISIONS FOR THE FOLLOWING:
   1. THE TRAINING OF DESIGNATED EMPLOYEES IN FIRST AID;
   2. EMERGENCY TECHNIQUES AND PROCEDURES;
   3. HANDLING AND POSITIONING OF STRICKEN COMMUTERS; AND
   4. KNOWLEDGE OF PROCEDURES AND  EQUIPMENT  USED  FOR  RESPIRATORY  AND
 CARDIAC EMERGENCIES.
   SUCH  PROGRAM SHALL BE SUBMITTED TO THE LEGISLATURE NOT LATER THAN ONE
 HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
   § 1349-KKKK. MEDICAL EMERGENCY SERVICES PLAN; IMPLEMENTATION  ON  LONG
 ISLAND  RAIL  ROAD.  1.  (A) THE AUTHORITY IN CONSULTATION WITH THE LONG
 ISLAND RAIL ROAD IS  HEREBY  AUTHORIZED  AND  DIRECTED  TO  IMPLEMENT  A
 COMPREHENSIVE MEDICAL EMERGENCY SERVICES PROGRAM, INCLUDING AN EMERGENCY
 RESPONSE PROTOCOL, NOT LATER THAN THE FIRST OF SEPTEMBER NEXT SUCCEEDING
 THE EFFECTIVE DATE OF THIS SECTION, FOR THE BENEFIT OF PERSONS UTILIZING
 TRANSPORTATION  AND OTHER RELATED SERVICES OF THE LONG ISLAND RAIL ROAD.
 SUCH PROGRAM SHALL INCLUDE BUT NOT BE  LIMITED  TO  PROVISIONS  FOR  THE
 FOLLOWING:
   (I) THE TRAINING OF DESIGNATED EMPLOYEES IN FIRST AID;
   (II) EMERGENCY TECHNIQUES AND PROCEDURES;
   (III) HANDLING AND POSITIONING OF STRICKEN COMMUTERS;
   (IV)  KNOWLEDGE  OF  PROCEDURES AND EQUIPMENT USED FOR RESPIRATORY AND
 CARDIAC EMERGENCIES AND AN EMERGENCY RESPONSE PROTOCOL FOR  ALL  EMPLOY-
 EES.
 S. 2830                            150
 
   (B)  SUCH  PROGRAM AND PLAN SHALL BE SUBMITTED TO THE TEMPORARY PRESI-
 DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR  ON  OR
 BEFORE THE FIRST OF SEPTEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
 SECTION  AND  SHALL BE UPDATED AS NECESSARY. THE AUTHORITY WILL ISSUE AN
 ANNUAL  REPORT ON OR BEFORE APRIL FIRST OF EACH YEAR, WHICH WILL INCLUDE
 CURRENT UPDATES, DESCRIPTIONS  OF  MEDICAL  EMERGENCIES,  RESPONSES  AND
 OUTCOMES SINCE THE MOST RECENT REPORT, INFORMATION REGARDING TRAINING OF
 PERSONNEL,  ANALYSIS  OF  THE  CURRENT  PLAN AND ANY RECOMMENDATIONS FOR
 IMPROVING THE PROGRAM.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL,  SPECIAL
 OR LOCAL LAW, A DESIGNATED EMPLOYEE EMPLOYED UPON FACILITIES OF THE LONG
 ISLAND RAIL ROAD WHO HAS BEEN TRAINED IN FIRST AID, EMERGENCY TECHNIQUES
 AND  PROCEDURES, HANDLING AND POSITIONING OF STRICKEN COMMUTERS, AND THE
 APPLICABLE PROCEDURES AND EQUIPMENT USED  FOR  RESPIRATORY  AND  CARDIAC
 EMERGENCIES  WHO  VOLUNTARILY  AND  WITHOUT  THE EXPECTATION OF MONETARY
 COMPENSATION RENDERS ANY OF THE FOREGOING TREATMENT IN AN EMERGENCY TO A
 COMMUTER UPON FACILITIES OF THE LONG ISLAND  RAIL  ROAD  WHO  IS  UNCON-
 SCIOUS,  ILL  OR  INJURED  SHALL  NOT BE LIABLE FOR DAMAGES FOR INJURIES
 ALLEGED TO HAVE BEEN SUSTAINED BY SUCH COMMUTER OR FOR DAMAGES  FOR  THE
 DEATH  OF  SUCH COMMUTER ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
 OMISSION IN THE RENDERING OF SUCH TREATMENT IN AN EMERGENCY UNLESS IT IS
 ESTABLISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS  CAUSED  BY  GROSS
 NEGLIGENCE ON THE PART OF SUCH DESIGNATED EMPLOYEE.
   §  1349-LLLL.  LONG  ISLAND  RAIL ROAD COMMUTER COUNCIL. 1.   THERE IS
 HEREBY CREATED THE LONG ISLAND RAIL ROAD  COMMUTER  COUNCIL,  TO  STUDY,
 INVESTIGATE,  MONITOR AND MAKE RECOMMENDATIONS WITH RESPECT TO THE MAIN-
 TENANCE AND OPERATION OF THE LONG ISLAND RAIL ROAD. SUCH  COUNCIL  SHALL
 STUDY  AND  INVESTIGATE ALL ASPECTS OF THE DAY TO DAY OPERATIONS OF SUCH
 RAILROAD, MONITOR ITS PERFORMANCE AND RECOMMEND CHANGES TO  IMPROVE  THE
 EFFICIENCY OF THE OPERATION THEREOF.
   2. SUCH COUNCIL SHALL CONSIST OF TWELVE MEMBERS WHO SHALL BE COMMUTERS
 WHO  REGULARLY USE THE TRANSPORTATION SERVICES OF SUCH RAILROAD, AND WHO
 SHALL BE RESIDENTS  OF  NASSAU,  SUFFOLK,  QUEENS  OR  BROOKLYN  COUNTY.
 MEMBERS  SHALL  BE  APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF
 THE COUNTY EXECUTIVE OF EACH SUCH COUNTY, PROVIDED, HOWEVER,  THAT  SUCH
 MEMBERS  SHALL BE CHOSEN FROM A LIST OF TEN NAMES SUBMITTED BY EACH SUCH
 COUNTY EXECUTIVE AND PROVIDED FURTHER HOWEVER  THAT  NO  MORE  THAN  SIX
 MEMBERS  OF  SUCH  COUNCIL  SHALL  BE  RESIDENTS  OF EITHER SUCH COUNTY.
 PROVIDED, HOWEVER, THAT ONE MEMBER SHALL BE APPOINTED ON THE RECOMMENDA-
 TION OF THE  BOROUGH  PRESIDENT  OF  QUEENS  AND  ONE  MEMBER  SHALL  BE
 APPOINTED  ON  THE  RECOMMENDATION OF THE BOROUGH PRESIDENT OF BROOKLYN.
 VACANCIES OCCURRING IN THE MEMBERSHIP OF THE COUNCIL SHALL BE FILLED  IN
 THE  SAME  MANNER AS ORIGINAL APPOINTMENTS, PROVIDED, HOWEVER, THAT SUCH
 VACANCY SHALL BE FILLED FROM A LIST OF THREE  NAMES  SUBMITTED  BY  EACH
 SUCH COUNTY EXECUTIVE.
   3.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND  NECES-
 SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
   4.  THE  COUNCIL  MAY  REQUEST  AND SHALL RECEIVE FROM ANY DEPARTMENT,
 DIVISION, BOARD, BUREAU, COMMISSION, AGENCY,  PUBLIC  AUTHORITY  OF  THE
 STATE  OR  ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND DATA AS
 WILL ENABLE IT PROPERLY TO CARRY OUT ITS ACTIVITIES HEREUNDER AND EFFEC-
 TUATE THE PURPOSES SET FORTH HEREIN.
   § 1349-MMMM. METRO-NORTH RAIL COMMUTER COUNCIL.  1.  THERE  IS  HEREBY
 CREATED  THE  METRO-NORTH  RAIL  COMMUTER COUNCIL TO STUDY, INVESTIGATE,
 MONITOR AND MAKE RECOMMENDATIONS WITH RESPECT  TO  THE  MAINTENANCE  AND
 S. 2830                            151

 OPERATION  OF  THOSE PORTIONS OF, IF ANY, THE HUDSON, HARLEM, NEW HAVEN,
 PASCACK VALLEY AND PORT JERVIS COMMUTER RAILROAD LINES REMAINING  WITHIN
 THE  METROPOLITAN  COMMUTER  TRANSPORTATION DISTRICT. SUCH COUNCIL SHALL
 STUDY  AND  INVESTIGATE  ALL ASPECTS OF THE DAY TO DAY OPERATION OF SUCH
 RAILROAD LINES, MONITOR  THEIR  PERFORMANCE  AND  RECOMMEND  CHANGES  TO
 IMPROVE THE EFFICIENCY OF THE OPERATION THEREOF.
   2. SUCH COUNCIL SHALL CONSIST OF ELEVEN MEMBERS AND SHALL BE COMMUTERS
 WHO REGULARLY USE THE TRANSPORTATION SERVICES OF SUCH RAILROAD LINES. AT
 LEAST FIVE OF SUCH MEMBERS SHALL BE RESIDENTS OF THE COUNTY OF WESTCHES-
 TER.  OF  THE OTHER SIX MEMBERS, AT LEAST ONE OF SUCH MEMBERS SHALL BE A
 RESIDENT OF EACH OF THE COUNTIES OF ROCKLAND, PUTNAM,  DUTCHESS,  ORANGE
 AND  BRONX,  PROVIDED THAT SUCH COUNTY HAS NOT WITHDRAWN FROM THE METRO-
 POLITAN COMMUTER TRANSPORTATION DISTRICT PURSUANT  TO  SECTION  THIRTEEN
 HUNDRED  FORTY-NINE-WWWWW  OF  THIS TITLE; PROVIDED FURTHER, SHOULD ONLY
 THE COUNTY OF PUTNAM REMAIN IN THE METROPOLITAN COMMUTER  TRANSPORTATION
 DISTRICT THEN MEMBERSHIP ON SUCH COUNCIL SHALL CONSIST OF SEVEN MEMBERS,
 FIVE  OF WHOM RESIDE IN THE COUNTY OF WESTCHESTER AND TWO OF WHOM RESIDE
 IN THE COUNTY OF PUTNAM. MEMBERS SHALL BE APPOINTED BY THE GOVERNOR.  IN
 MAKING  SUCH  APPOINTMENTS  THE  GOVERNOR SHALL CONSULT WITH AND SOLICIT
 RECOMMENDATIONS FROM LOCAL OFFICIALS AND TO THE EXTENT POSSIBLE  APPOINT
 MEMBERS  WHO  REPRESENT  THE  RIDERSHIP OF THE SEVERAL COMMUTER RAILROAD
 LINES. VACANCIES OCCURRING IN THE MEMBERSHIP OF  THE  COUNCIL  SHALL  BE
 FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
   3.  THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
 SERVICES BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND  NECES-
 SARILY  INCURRED  BY  THEM  IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER
 FROM FUNDS APPROPRIATED TO THE COMMISSIONER OF TRANSPORTATION.
   4. THE COUNCIL MAY REQUEST AND  SHALL  RECEIVE  FROM  ANY  DEPARTMENT,
 DIVISION,  BOARD,  BUREAU,  COMMISSION,  AGENCY, PUBLIC AUTHORITY OF THE
 STATE OR ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND  DATA  AS
 IT  REQUESTS AND WILL ENABLE IT TO PROPERLY CARRY OUT ITS ACTIVITIES FOR
 THE PURPOSES SET FORTH HEREIN.
   §  1349-NNNN.  MEDICAL  EMERGENCY  SERVICES  PLAN;  IMPLEMENTATION  ON
 METRO-NORTH  COMMUTER  RAILROAD  COMPANY.  1.  THE  AUTHORITY  IS HEREBY
 AUTHORIZED AND  DIRECTED  TO  IMPLEMENT  A  MEDICAL  EMERGENCY  SERVICES
 PROGRAM  FOR  THE  BENEFIT OF PERSONS UTILIZING TRANSPORTATION AND OTHER
 RELATED SERVICES OF THE  METRO-NORTH  COMMUTER  RAILROAD  COMPANY.  SUCH
 PROGRAM  SHALL  INCLUDE BUT NOT BE LIMITED TO PROVISIONS FOR THE FOLLOW-
 ING:
   (A) THE TRAINING OF CONDUCTORS, TRAINMEN AND OTHER DESIGNATED  EMPLOY-
 EES IN FIRST AID;
   (B) EMERGENCY TECHNIQUES AND PROCEDURES;
   (C) HANDLING AND POSITIONING OF STRICKEN COMMUTERS; AND
   (D)  KNOWLEDGE  OF  PROCEDURES  AND EQUIPMENT USED FOR RESPIRATORY AND
 CARDIAC EMERGENCIES.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL,  SPECIAL
 OR  LOCAL  LAW,  A  DESIGNATED  EMPLOYEE EMPLOYED UPON FACILITIES OF THE
 METRO-NORTH COMMUTER RAILROAD COMPANY WHO HAS SUCCESSFULLY  COMPLETED  A
 COURSE  IN FIRST AID, INCLUDING INSTRUCTION AND TRAINING IN CARDIOPULMO-
 NARY RESUSCITATION AND WHO VOLUNTARILY AND WITHOUT EXPECTATION OF  MONE-
 TARY COMPENSATION RENDERS FIRST AID, EMERGENCY TREATMENT OR CARDIOPULMO-
 NARY  RESUSCITATION  AT  THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, IN
 THE COURSE OF HIS OR HER DUTIES AS AN EMPLOYEE OF THE METRO-NORTH COMMU-
 TER RAILROAD COMPANY TO A PERSON WHO IS  UNCONSCIOUS,  ILL  OR  INJURED,
 SHALL  NOT  BE  LIABLE  FOR  DAMAGES  AND  INJURIES ALLEGED TO HAVE BEEN
 SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR DEATH OF SUCH PERSON ALLEGED
 S. 2830                            152
 
 TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION  IN  THE  RENDERING  OF
 SUCH  FIRST  AID,  EMERGENCY  TREATMENT OR CARDIOPULMONARY RESUSCITATION
 UNLESS IT IS ESTABLISHED THAT SUCH  INJURIES  WERE  OR  SUCH  DEATH  WAS
 CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH DESIGNATED EMPLOYEE.
   §  1349-OOOO.  EXCESS  LOSS FUND. 1. SUBJECT TO THE PROVISIONS OF THIS
 SECTION, THE AUTHORITY IS  AUTHORIZED  TO  ISSUE  BONDS  AND  NOTES,  IN
 ACCORDANCE  WITH SECTION THIRTEEN HUNDRED FORTY-NINE-XXXX OF THIS TITLE,
 IN SUCH PRINCIPAL AMOUNTS NOT IN  EXCESS  OF  THE  SEVENTY-FIVE  MILLION
 DOLLAR LIMITATION ESTABLISHED IN SUBDIVISION FOUR OF THIS SECTION AS, IN
 THE  OPINION  OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFICIENT
 FUNDS TO MEET THE CAPITAL AND RESERVE REQUIREMENTS OF A  TRUST,  POOLING
 ARRANGEMENT  OR  OTHER  ENTITY  ESTABLISHED FOR THE PURPOSE OF PROVIDING
 REIMBURSEMENT AND FUNDING TO THE  AUTHORITY  AND  ITS  SUBSIDIARIES  FOR
 EXCESS  OR EXTRAORDINARY LOSSES FOR DAMAGES TO REAL OR PERSONAL PROPERTY
 OR FOR THE DESTRUCTION THEREOF OR FOR PERSONAL INJURIES OR DEATH AND FOR
 CERTAIN PROPERTY DAMAGE LOSSES WHICH MAY BE INCURRED OR SUSTAINED BY ANY
 OF THEM IN CONNECTION WITH THE USE AND  OPERATION  OF  THEIR  RESPECTIVE
 FACILITIES AND IN THE CONDUCT OF THEIR RESPECTIVE ACTIVITIES, THE TRUST,
 POOLING ARRANGEMENT OR OTHER ENTITY ESTABLISHED IN ORDER TO PROVIDE SUCH
 BENEFITS  TO  SUCH PARTICIPANTS BEING REFERRED TO IN THIS SECTION AS THE
 "EXCESS LOSS FUND". PRIOR TO THE ISSUANCE OF ANY BONDS OR  NOTES,  OTHER
 THAN REFUNDING BONDS OR NOTES, AUTHORIZED BY THIS SECTION, THE AUTHORITY
 SHALL MAKE A FINDING THAT SUCH ISSUE IS EXPECTED TO RESULT, ON A PRESENT
 VALUE  BASIS, IN A LOWER EFFECTIVE COST TO THE PARTICIPATING AUTHORITIES
 THAN FUNDING THE REQUIREMENTS OF THE EXCESS LOSS FUND SOLELY THROUGH THE
 PAYMENT OF PREMIUMS AND ASSESSMENTS BY SUCH PARTICIPATING AUTHORITIES.
   2. IN ORDER TO EFFECTUATE THE PURPOSES OF THE EXCESS  LOSS  FUND,  THE
 AUTHORITY SHALL, SUBJECT TO THE PROVISIONS OF THIS SECTION, HAVE ALL THE
 POWERS PROVIDED ELSEWHERE IN THIS TITLE AND MAY:
   (A)  ACCEPT  THE NOTES, BONDS AND OTHER CONTRACTUAL OBLIGATIONS OF THE
 EXCESS LOSS FUND FOR FUNDS PROVIDED TO IT BY THE AUTHORITY;
   (B) OBTAIN SECURITY FOR THE PAYMENT BY THE EXCESS  LOSS  FUND  OF  ITS
 NOTES,  BONDS AND OTHER CONTRACTUAL OBLIGATIONS ISSUED TO THE AUTHORITY,
 INCLUDING A PLEDGE OF ALL OR ANY PART OF THE ASSETS AND REVENUES OF  THE
 EXCESS LOSS FUND, INCLUDING ITS RECEIPTS AND RIGHTS TO RECEIVE PREMIUMS,
 ASSESSMENTS,  REIMBURSEMENTS AND OTHER PAYMENTS FROM THE PARTICIPANTS IN
 THE EXCESS LOSS FUND, WHICH PLEDGE MAY CONTAIN COVENANTS WITH RESPECT TO
 THE CHARGING AND FIXING BY ACTUARIAL ESTIMATES,  WHERE  APPROPRIATE,  OF
 PREMIUMS, ASSESSMENTS, REIMBURSEMENTS AND OTHER PAYMENTS AND THE USE AND
 DISPOSITION THEREOF; AND
   (C)  ENTER  INTO  CONTRACTS  WITH  THE  EXCESS  LOSS FUND AND WITH THE
 PARTICIPANTS THEREIN, ON SUCH TERMS AND CONDITIONS AS  THE  PARTIES  MAY
 AGREE,  WITH RESPECT TO THE PAYMENT OF PREMIUMS, ASSESSMENTS, REIMBURSE-
 MENTS AND OTHER PAYMENTS TO THE EXCESS LOSS  FUND  AND  THE  NATURE  AND
 EXTENT  OF  THE  BENEFITS  TO  BE  PAID  BY THE EXCESS LOSS FUND TO SUCH
 PARTICIPANTS.
   3. THE BONDS AND NOTES OF THE AUTHORITY  AUTHORIZED  BY  THIS  SECTION
 SHALL  NOT CONSTITUTE GENERAL OBLIGATIONS OF THE AUTHORITY, BUT SHALL BE
 SPECIAL OBLIGATIONS OF THE AUTHORITY PAYABLE AS TO PRINCIPAL, REDEMPTION
 PREMIUM, IF ANY, AND INTEREST  SOLELY  FROM  THE  SECURITY,  SOURCES  OF
 PAYMENT  AND  FUNDS  OBTAINED FROM OR ON BEHALF OF THE EXCESS LOSS FUND,
 ALL IN THE MANNER MORE PARTICULARLY PROVIDED BY  THE  AUTHORITY  IN  THE
 RESOLUTION  UNDER  WHICH  SUCH BONDS AND NOTES SHALL BE AUTHORIZED TO BE
 ISSUED.
   4. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AND NOTES  ISSUED  FOR  THE
 PURPOSES  ENUMERATED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT EXCEED
 S. 2830                            153
 
 SEVENTY-FIVE MILLION DOLLARS, EXCLUDING: (A) BONDS AND NOTES  ISSUED  TO
 FUND  COSTS OF ISSUANCE AND ANY REASONABLY REQUIRED DEBT SERVICE RESERVE
 FUND FOR SUCH BONDS OR NOTES; (B) AN AMOUNT EQUAL TO ANY ORIGINAL  ISSUE
 DISCOUNT FROM THE PRINCIPAL AMOUNT OF ANY BONDS OR NOTES ISSUED; AND (C)
 BONDS AND NOTES ISSUED TO REFUND OR OTHERWISE REPAY BONDS OR NOTES THER-
 ETOFORE  ISSUED FOR SUCH PURPOSES, PROVIDED, HOWEVER, THAT UPON ANY SUCH
 REFUNDING OR REPAYMENT  OF  THE  TOTAL  AGGREGATE  PRINCIPAL  AMOUNT  OF
 OUTSTANDING  BONDS  AND NOTES, INCLUDING FOR PURPOSE OF SUCH CALCULATION
 THE PRINCIPAL AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO  BE  ISSUED
 AND  EXCLUDING  THE  PRINCIPAL  AMOUNT  OF  THE  BONDS OR NOTES SO TO BE
 REFUNDED OR REPAID AND ANY AMOUNTS EXCLUDED UNDER PARAGRAPH (A)  OR  (B)
 OF  THIS  SUBDIVISION, MAY BE GREATER THAN SEVENTY-FIVE MILLION DOLLARS,
 ONLY IF THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING
 OR REPAYMENT BONDS OR NOTES TO BE ISSUED SHALL NOT  EXCEED  THE  PRESENT
 VALUE  OF  THE  AGGREGATE  DEBT  SERVICE  OF THE BONDS OR NOTES SO TO BE
 REFUNDED OR REPAID. FOR PURPOSES OF PARAGRAPH (C) OF  THIS  SUBDIVISION,
 THE  PRESENT  VALUES  OF  THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR
 REPAYMENT BONDS OR NOTES AND OF THE AGGREGATE DEBT SERVICE OF THE  BONDS
 OR  NOTES  SO TO BE REFUNDED OR REPAID, SHALL BE CALCULATED BY UTILIZING
 THE EFFECTIVE INTEREST RATE OF  THE  REFUNDING  OR  REPAYMENT  BONDS  OR
 NOTES,  WHICH  SHALL BE THAT RATE ARRIVED AT BY DOUBLING THE SEMI-ANNUAL
 INTEREST RATE, COMPOUNDED SEMI-ANNUALLY, NECESSARY TO DISCOUNT THE  DEBT
 SERVICE  PAYMENTS  ON THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE
 PAYMENT DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR REPAYMENT
 BONDS OR NOTES AND TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST
 OR PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED INTER-
 EST FROM THE SALE THEREOF.
   5. THE TERM "EXCESS LOSS FUND" AS  USED  IN  THIS  SECTION  SHALL  NOT
 INCLUDE  ANY  TRUST,  POOLING  ARRANGEMENTS  OR  OTHER ENTITY: (A) WHICH
 PROVIDES OR OFFERS TO PROVIDE REIMBURSEMENT OR  FUNDING  FOR  LOSSES  OR
 LIABILITIES TO ANY ENTITY OTHER THAN THE AUTHORITY AND ITS SUBSIDIARIES;
 OR (B) IN WHICH ANY ENTITY OTHER THAN THE AUTHORITY AND ITS SUBSIDIARIES
 HOLDS AN EQUITY INTEREST.
   §  1349-PPPP.  AUTHORITY  POLICE  FORCE.  1.  THE  AUTHORITY IS HEREBY
 AUTHORIZED AND EMPOWERED, TO PROVIDE AND MAINTAIN  AN  AUTHORITY  POLICE
 DEPARTMENT  AND  A UNIFORMED AUTHORITY POLICE FORCE. EACH MEMBER OF SUCH
 UNIFORMED POLICE FORCE SHALL BE A "POLICE OFFICER" FOR THE  PURPOSES  OF
 THE  CRIMINAL PROCEDURE LAW, WITH ALL OF THE POWERS OF SUCH POLICE OFFI-
 CERS THEREUNDER AND SUBJECT TO THE SAME JURISDICTIONAL PROVISIONS ON THE
 EXERCISE OF THAT POWER AS SET FORTH IN SUCH LAW. THE  GEOGRAPHICAL  AREA
 OF  EMPLOYMENT  OF SUCH POLICE OFFICERS FOR THE PURPOSES OF THE CRIMINAL
 PROCEDURE LAW SHALL EMBRACE  THE  METROPOLITAN  COMMUTER  TRANSPORTATION
 DISTRICT AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THIS ARTICLE.
 SUCH  DEPARTMENT AND FORCE SHALL HAVE THE POWER, IN AND ABOUT ANY OR ALL
 OF THE FACILITIES OWNED, OCCUPIED AND/OR OPERATED BY THE  AUTHORITY  AND
 ITS  SUBSIDIARY  CORPORATIONS,  AS  DETERMINED  IN THE DISCRETION OF THE
 AUTHORITY, TO ENFORCE AND PREVENT VIOLATION OF ALL LAWS AND  ORDINANCES.
 NOTHING  HEREIN  SHALL  CONFER  UPON  THE AUTHORITY POLICE FORCE OR UPON
 THEIR COLLECTIVE NEGOTIATIONS REPRESENTATIVES EXCLUSIVE JURISDICTION  OR
 CLAIM  OVER  THE  EXERCISE OF POLICE POWER OR SECURITY WORK ON BEHALF OF
 THE AUTHORITY AND ITS  SUBSIDIARY  CORPORATIONS.  NOTHING  HEREIN  SHALL
 LIMIT  THE  AUTHORITY AND ITS SUBSIDIARY CORPORATIONS FROM CONTINUING TO
 RELY ON LOCAL POLICE FOR POLICE SERVICES.  HOWEVER,  TRADITIONAL  POLICE
 FUNCTIONS  PREVIOUSLY  PERFORMED  BY  THE  LONG ISLAND RAIL ROAD COMPANY
 AND/OR THE METRO-NORTH COMMUTER  RAILROAD  COMPANY  POLICE  FORCE  SHALL
 CONTINUE TO BE PERFORMED BY THE AUTHORITY POLICE FORCES.
 S. 2830                            154
 
   2.  INITIAL  APPOINTMENTS  TO SUCH AUTHORITY POLICE FORCE SHALL BE ALL
 INCUMBENT POLICE OFFICERS FROM THE LONG ISLAND RAIL ROAD COMPANY  AND/OR
 THE  METRO-NORTH  COMMUTER RAILROAD COMPANY AT THE TIME OF SUCH APPOINT-
 MENT. THE EXECUTIVE DIRECTOR OF THE  AUTHORITY,  THROUGH  THE  CHIEF  OF
 POLICE,  SHALL  HAVE  THE POWER AND AUTHORITY TO APPOINT AND EMPLOY SUCH
 NUMBER OF POLICE OFFICERS AS HE OR SHE DEEMS NECESSARY TO ACT AS  POLICE
 OFFICERS  OF  THE AUTHORITY AND TO ADMINISTER TO THE OFFICERS AN OATH OR
 AFFIRMATION FAITHFULLY TO PERFORM THE DUTIES OF THEIR  RESPECTIVE  POSI-
 TIONS  OR  OFFICES.  UNLESS, AT THE TIME OF APPOINTMENT, THE PERSON IS A
 POLICE OFFICER OF THE LONG ISLAND RAIL ROAD COMPANY OR  THE  METRO-NORTH
 COMMUTER RAILROAD COMPANY, ONLY PERSONS WHO HAVE NEVER BEEN CONVICTED OF
 A FELONY AND ARE CITIZENS OF THE UNITED STATES SHALL BE APPOINTED POLICE
 OFFICERS  ON  THE AUTHORITY POLICE FORCE. AFTER THE INITIAL APPOINTMENTS
 ARE MADE, SELECTION OF POLICE OFFICER CANDIDATES SHALL BE MADE  PURSUANT
 TO  AN  EXAMINATION  PROCESS  TO  BE DETERMINED AT THE DISCRETION OF THE
 AUTHORITY AND CANDIDATES SHALL RECEIVE A CERTIFICATE ATTESTING TO SATIS-
 FACTORY COMPLETION  OF  AN  APPROVED  MUNICIPAL  POLICE  BASIC  TRAINING
 PROGRAM,  AS  DESCRIBED  IN  SECTION  TWO  HUNDRED NINE-Q OF THE GENERAL
 MUNICIPAL LAW. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT  UNLESS  SUCH
 PERSON  IS  NOT LESS THAN TWENTY YEARS OF AGE AS OF THE DATE OF APPOINT-
 MENT NOR MORE THAN THIRTY-FIVE YEARS OF AGE AS  OF  THE  DATE  WHEN  THE
 APPLICANT  TAKES  THE  WRITTEN EXAMINATION, PROVIDED, HOWEVER, THAT TIME
 SPENT ON MILITARY DUTY OR ON TERMINAL LEAVE, NOT EXCEEDING  A  TOTAL  OF
 SIX  YEARS,  SHALL  BE  SUBTRACTED FROM THE AGE OF ANY APPLICANT WHO HAS
 PASSED HIS OR HER THIRTY-FIFTH BIRTHDAY AS PROVIDED IN SUBDIVISION TEN-A
 OF SECTION TWO HUNDRED FORTY-THREE OF THE MILITARY  LAW.  UPON  APPOINT-
 MENTS  MADE  BY TRANSFERRING AN ENTIRE GROUP OF POLICE OFFICERS INTO THE
 AUTHORITY POLICE FORCE, THEREBY ELIMINATING SUCH OTHER GROUP  OF  POLICE
 OFFICERS,  THE  AUTHORITY  SHALL RECOGNIZE ANY REPRESENTATIVE PREVIOUSLY
 CHOSEN BY THE POLICE OFFICERS FOR THE  PURPOSES  OF  COLLECTIVE  NEGOTI-
 ATIONS  CONSISTENT  WITH  THE  BARGAINING  UNITS ALREADY ESTABLISHED AND
 SHALL ALSO ASSUME AND CONTINUE TO OBSERVE ANY EXISTING  LABOR  CONTRACTS
 COVERING THESE POLICE OFFICERS INCLUDING SUCH PROVISIONS WHICH RELATE TO
 THE  GRIEVANCE  AND  DISCIPLINARY  PROCEDURES  AND INTEREST ARBITRATION.
 SUBSEQUENT TO THE ESTABLISHMENT OF THE  CONSOLIDATED  POLICE  FORCE  THE
 AUTHORITY AND THE COLLECTIVE BARGAINING REPRESENTATIVES SHALL BE AUTHOR-
 IZED TO NEGOTIATE A MERGER OF THE SEPARATE BARGAINING UNITS.
   3.  THE AUTHORITY MAY APPOINT A CHIEF AND ONE OR MORE DEPUTY CHIEFS OF
 THE AUTHORITY POLICE DEPARTMENT WHO, IN THE DISCRETION OF THE AUTHORITY,
 MAY BE SELECTED FROM THE RANKS OF THE AUTHORITY POLICE FORCE, AND ASSIGN
 POWERS AND DUTIES TO THEM AND FIX THEIR COMPENSATION. THE CHIEF SHALL BE
 THE HEAD OF SUCH DEPARTMENT. THE DEPUTY CHIEF DESIGNATED  BY  THE  CHIEF
 SHALL  POSSESS  ALL  THE  POWERS AND PERFORM ALL THE DUTIES OF THE CHIEF
 DURING HIS OR HER ABSENCE OR  DISABILITY.  THE  AUTHORITY  POLICE  FORCE
 SHALL CONSIST OF SUCH DIVISIONS, SUPERVISORS AND OFFICERS, INCLUDING BUT
 NOT  LIMITED  TO POLICE OFFICERS, DETECTIVES, SERGEANTS, LIEUTENANTS AND
 CAPTAINS AS DESIGNATED BY THE  AUTHORITY.  NOTWITHSTANDING  ANY  LAW  OR
 PROVISION TO THE CONTRARY, THE MEMBERS OF THE UNIFORMED AUTHORITY POLICE
 FORCE  SHALL  NOT  ACQUIRE CIVIL SERVICE STATUS OR BECOME MEMBERS OF THE
 NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT  SYSTEM,  EXCEPT  AS  SET
 FORTH IN THIS SECTION.
   4. THE AUTHORITY SHALL PROVIDE FOR A TWENTY YEAR RETIREMENT PLAN UNDER
 THE  SAME  TERMS  AND  CONDITIONS  AS  PROVIDED BY SECTION THREE HUNDRED
 EIGHTY-NINE OF THE RETIREMENT AND SOCIAL  SECURITY  LAW  AS  ENACTED  BY
 CHAPTER  SIX  HUNDRED TWENTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED NINE-
 TY-ONE; EXCEPT THAT:
 S. 2830                            155
 
   (A) ANY BENEFIT PROVIDED PURSUANT TO SUCH PLAN SHALL BE SUBJECT TO  AN
 OFFSET,  AS  DEFINED  IN THIS PARAGRAPH, FOR ANY TIER II BENEFIT PAYABLE
 PURSUANT TO THE FEDERAL RAILROAD RETIREMENT ACT TO OR IN THE RESPECT  OF
 A  MEMBER. THE OFFSET PROVIDED FOR BY THIS PARAGRAPH SHALL BE THE AMOUNT
 OF  THE  TIER II BENEFIT WHICH WOULD BE PAYABLE TO OR IN RESPECT TO SUCH
 MEMBER PURSUANT TO THE FEDERAL RAILROAD RETIREMENT ACT MULTIPLIED  BY  A
 FRACTION,  THE  NUMERATOR  OF  WHICH  IS  THE MEMBER'S YEARS OF CREDITED
 SERVICE COVERED BY THE FEDERAL RAILROAD RETIREMENT ACT RENDERED  TO,  OR
 CREDITED BY, THE AUTHORITY OR ANY SUBSIDIARY CORPORATION OF THE AUTHORI-
 TY,  AND THE DENOMINATOR OF WHICH IS THE MEMBER'S TOTAL YEARS OF SERVICE
 COVERED BY THE FEDERAL RAILROAD RETIREMENT ACT;
   (B) REFERENCES TO THE LONG ISLAND RAIL ROAD SHALL BE TO THE AUTHORITY;
   (C) THE TRANSFER OF FUNDS DESCRIBED IN SUBDIVISION F OF SECTION  THREE
 HUNDRED EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW AS ENACTED
 BY  CHAPTER  SIX  HUNDRED  TWENTY-EIGHT  OF THE LAWS OF NINETEEN HUNDRED
 NINETY-ONE SHALL  INCLUDE  THE  METRO-NORTH  COMMUTER  RAILROAD  COMPANY
 DEFINED CONTRIBUTION PENSION PLAN FOR AGREEMENT EMPLOYEES;
   (D)  THE  PROVISIONS OF SUBDIVISION G OF SECTION THREE HUNDRED EIGHTY-
 NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW AS ENACTED BY CHAPTER SIX
 HUNDRED TWENTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED NINETY-ONE  TO  THE
 EXTENT  OF  REQUIRING CONTRIBUTIONS FOR PAST SERVICE LIABILITY SHALL NOT
 BE APPLICABLE; AND
   (E) WHEN A POLICE OFFICER TRANSFERRED FROM THE LONG ISLAND  RAIL  ROAD
 COMPANY POLICE FORCE TO THE AUTHORITY POLICE FORCE REACHES AGE SIXTY-TWO
 THE  AUTHORITY  WILL  OFFSET  THE  AMOUNT PAYABLE UNDER THIS PLAN BY THE
 AMOUNT OF TIER II BENEFIT PAYABLE FROM THE RAILROAD RETIREMENT BOARD FOR
 A SERVICE AGE ANNUITY OR DISABILITY  PAYABLE  AT  THE  PARTICIPANTS  AGE
 SIXTY-TWO.
   5.  THE  AUTHORITY  MAY,  IN ITS SOLE DISCRETION, ESTABLISH WITHIN THE
 AUTHORITY'S DEFINED BENEFIT PROGRAM,  A  RETIREMENT  PROGRAM  CONSISTENT
 WITH THE FOREGOING. IF THE AUTHORITY HAS NOT SO ESTABLISHED SUCH PROGRAM
 IN  ITS  DEFINED  BENEFIT  PROGRAM  WITHIN ONE HUNDRED EIGHTY DAYS AFTER
 ENACTMENT, THEN THE AUTHORITY SHALL  ELECT  TO  PARTICIPATE  IN  ARTICLE
 FOURTEEN-B OF THE RETIREMENT AND SOCIAL SECURITY LAW.
   6.  IF  THE  AUTHORITY ELECTS TO PARTICIPATE IN THE NEW YORK STATE AND
 LOCAL EMPLOYEES' RETIREMENT SYSTEM, SUCH ELECTION TO  PARTICIPATE  SHALL
 BE  MADE BY RESOLUTION FILED WITH THE COMPTROLLER AND ACCEPTED BY HIM OR
 HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL SECURITY
 LAW.
   7. NOTHING HEREIN CONTAINED SHALL BE DEEMED TO  DIMINISH,  SUSPEND  OR
 ABOLISH AN EXISTING BENEFIT INURED TO A POLICE OFFICER, TRANSFERRED FROM
 THE  LONG  ISLAND RAIL ROAD COMPANY AND/OR METRO-NORTH COMMUTER RAILROAD
 COMPANY POLICE FORCE AND SUBJECT TO THE PROVISIONS OF  THIS  SECTION  IN
 AND  TO  THE  RIGHTS,  PRIVILEGES  OR  STATUS PREVIOUSLY EARNED WITHIN A
 PENSION OR RETIREMENT SYSTEM OF WHICH THEY  WERE  A  MEMBER  IMMEDIATELY
 PRIOR  TO  THE  ENACTMENT  OF THIS SECTION; AND ANY SUCH EXISTING RIGHT,
 PRIVILEGE OR STATUS SHALL SURVIVE THE EFFECT OF ANY DECISIONS OR  DETER-
 MINATIONS LAWFULLY MADE IN ACCORDANCE WITH THE PROVISIONS HEREOF SO LONG
 AS  SUCH  RIGHT, PRIVILEGE OR STATUS IS GREATER IN BENEFIT TO THAT WHICH
 WOULD BE IMPOSED OR IMPUTED TO  ANY  SUBJECT  OFFICER  AS  A  RESULT  OF
 ACTIONS OF THE AUTHORITY AUTHORIZED HEREIN.
   §  1349-QQQQ.  THE  PERMANENT  CITIZENS ADVISORY COMMITTEE.   THERE IS
 HEREBY ESTABLISHED A PERMANENT CITIZENS ADVISORY COMMITTEE. THE  MEMBERS
 OF THE COMMITTEE SHALL CONSIST OF THE FOLLOWING MEMBERS: THE LONG ISLAND
 RAIL ROAD COMMUTER COUNCIL AND THE METRO-NORTH COMMUTER COUNCIL.
 S. 2830                            156
 
   § 1349-RRRR. COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS. 1.
 A COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS SHALL BE CREATED
 AND  ADOPTED  BY  THE  COMMUTER TRANSPORTATION AUTHORITY. A COPY OF SUCH
 PLEDGE SHALL BE POSTED ON THE WEBSITE OF  THE  AUTHORITY  AND  SHALL  BE
 POSTED  IN  STATIONS  WHERE  THE  AUTHORITY  MAKES REGULAR POSTINGS. THE
 AUTHORITY SHALL POST THE PLEDGE IN THE LANGUAGE OR  LANGUAGES  IT  DEEMS
 NECESSARY AND APPROPRIATE.
   2.  THE COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS SHALL BE
 IN THE FORM AND MANNER AS  PRESCRIBED  BY  THE  AUTHORITY,  INCLUDE  THE
 CONTACT  INFORMATION  OF  THE AUTHORITY, AND INCLUDE, BUT NOT BE LIMITED
 TO, THE FOLLOWING:
   (A) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO  PROVIDE  SAFE  AND
 RELIABLE SERVICES;
   (B)  A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO PROVIDE TIMELY AND
 ACCURATE INFORMATION ON ITS SERVICES;
   (C) A COMMITMENT THAT EMPLOYEES WILL PROVIDE SERVICE  IN  A  COURTEOUS
 MANNER;
   (D)  A  DESCRIPTION  OF  THE  AUTHORITY'S COMMITMENT TO MAINTAIN CLEAN
 STATIONS, FACILITIES, AND BUSES;
   (E) A DESCRIPTION OF THE AUTHORITY'S POLICIES WHEN IT COMES TO ARRANG-
 ING ALTERNATIVE TRANSPORTATION WHEN SERVICE IS INTERRUPTED;
   (F) WHEN SERVICE IS INTERRUPTED,  A  DESCRIPTION  OF  THE  AUTHORITY'S
 POLICIES  WHEN  IT  COMES  TO  CONSIDERING THE COMFORT OF INCONVENIENCED
 CUSTOMERS;
   (G)  WHEN  SERVICE  IS  INTERRUPTED  DUE  TO  WEATHER  CONDITIONS,   A
 DESCRIPTION OF THE AUTHORITY'S POLICIES ON NOTIFYING CUSTOMERS;
   (H) WHEN SERVICE IS SEVERELY INTERRUPTED, A DESCRIPTION OF THE AUTHOR-
 ITY'S POLICIES ON SERVICE RESTORATION.
   3.  THE AUTHORITY FROM TIME TO TIME MAY, UPDATE AND AMEND THE COMMUTER
 TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS AS IT DEEMS  NECESSARY  AND
 PROPER AND MAY ADOPT RULES AND REGULATIONS FOR THE PROPER ADMINISTRATION
 OF THIS SECTION.
   §  1349-SSSS.  EXPIRED FARE TRANSFER POLICY. NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, THE  AUTHORITY  SHALL,  WITHIN  NINETY
 DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, ESTABLISH AN EXPIRED FARE
 TRANSFER POLICY THAT MAY BE AMENDED FROM TIME TO TIME. SUCH POLICY SHALL
 PROVIDE ANY PERSON WHO PURCHASES A FARE  THE  ABILITY  TO  TRANSFER  ANY
 REMAINING BALANCE FOR TWO YEARS AFTER SUCH FARE IS DEEMED EXPIRED.
   §  1349-TTTT.  ACQUISITION  AND  DISPOSITION OF REAL PROPERTY.   1. IN
 ADDITION TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED  FORTY-NINE-
 IIII  OF  THIS TITLE TO ACQUIRE TRANSPORTATION FACILITIES, EQUIPMENT AND
 REAL PROPERTY, THE AUTHORITY MAY ACQUIRE, BY  CONDEMNATION  PURSUANT  TO
 THE  CONDEMNATION  LAW, ANY REAL PROPERTY IT MAY DEEM NECESSARY, CONVEN-
 IENT OR DESIRABLE TO EFFECTUATE THE PURPOSES  OF  THIS  TITLE,  PROVIDED
 HOWEVER, THAT ANY SUCH CONDEMNATION PROCEEDINGS SHALL BE BROUGHT ONLY IN
 THE  SUPREME  COURT AND THE COMPENSATION TO BE PAID SHALL BE ASCERTAINED
 AND DETERMINED BY THE COURT WITHOUT A JURY.  NOTWITHSTANDING THE FOREGO-
 ING PROVISIONS OF THIS SUBDIVISION, NO REAL PROPERTY MAY BE ACQUIRED  BY
 THE  AUTHORITY  BY CONDEMNATION FOR PURPOSES OTHER THAN A TRANSPORTATION
 FACILITY UNLESS THE GOVERNING BODY OF THE CITY, VILLAGE OR TOWN IN WHICH
 SUCH REAL PROPERTY IS LOCATED SHALL FIRST CONSENT TO SUCH CONDEMNATION.
   2. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PREVENT THE AUTHORI-
 TY FROM BRINGING ANY PROCEEDINGS TO REMOVE A  CLOUD  ON  TITLE  OR  SUCH
 OTHER  PROCEEDINGS  AS IT MAY, IN ITS DISCRETION, DEEM PROPER AND NECES-
 SARY OR FROM ACQUIRING ANY SUCH PROPERTY BY NEGOTIATION OR PURCHASE.
 S. 2830                            157
 
   3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS  TO  CONDEMN
 ANY  REAL  PROPERTY  FOR  ANY  OF  THE PURPOSES OF THIS TITLE REMAINS IN
 POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING  OF  TITLE  IN
 THE  CONDEMNOR,  THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
 SUCH  PROPERTY  SUBSEQUENT  TO SUCH TIME AS FIXED BY AGREEMENT OR BY THE
 COURT IN SUCH PROCEEDINGS OR BY  ANY  COURT  OF  COMPETENT  JURISDICTION
 SHALL  BE  A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS OF RECORD
 AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
   4. SUBJECT TO THE PROVISIONS OF SECTION THIRTEEN  HUNDRED  FORTY-NINE-
 IIII  OF  THIS  TITLE,  TITLE  TO ALL PROPERTY ACQUIRED UNDER THIS TITLE
 SHALL VEST IN THE AUTHORITY OR ONE OF ITS SUBSIDIARY CORPORATIONS AS THE
 AUTHORITY DIRECTS.
   5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE  INTER-
 EST  OF  THE  AUTHORITY,  DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
 THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT  OR
 DESIRABLE FOR ITS PURPOSES.
   6.  THE  AUTHORITY  MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
 INTEREST OF THE AUTHORITY, RENT, LEASE,  OR  GRANT  EASEMENTS  OR  OTHER
 RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
   §  1349-UUUU.  ACQUISITION AND DISPOSITION OF REAL PROPERTY BY DEPART-
 MENT OF TRANSPORTATION. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR
 THE PAYMENT OF THE COST AND EXPENSE  OF  THE  ACQUISITION  THEREOF,  THE
 COMMISSIONER  OF TRANSPORTATION OF THE STATE OF NEW YORK, WHEN REQUESTED
 BY THE AUTHORITY, MAY ACQUIRE SUCH REAL PROPERTY  IN  THE  NAME  OF  THE
 STATE  AS  MAY BE DETERMINED FROM TIME TO TIME BY THE AUTHORITY AS BEING
 NECESSARY, CONVENIENT OR DESIRABLE TO EFFECTUATE THE  PURPOSES  OF  THIS
 TITLE,  MAY  REMOVE  THE  OWNER  OR OCCUPANT THEREOF WHERE NECESSARY AND
 OBTAIN POSSESSION AND, WHEN REQUESTED BY THE AUTHORITY, MAY  DISPOSE  OF
 ANY  REAL PROPERTY SO ACQUIRED, ALL ACCORDING TO THE PROCEDURES PROVIDED
 IN SECTION THIRTY OF THE HIGHWAY LAW. THE AUTHORITY SHALL HAVE THE RIGHT
 TO POSSESS AND USE FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY  SO
 ACQUIRED.  CLAIMS  FOR  THE  VALUE  OF THE PROPERTY APPROPRIATED AND FOR
 LEGAL DAMAGES CAUSED BY ANY SUCH APPROPRIATION  SHALL  BE  ADJUSTED  AND
 DETERMINED BY SUCH COMMISSIONER WITH THE APPROVAL OF THE AUTHORITY OR BY
 THE  COURT  OF  CLAIMS AS PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW.
 WHEN A CLAIM HAS BEEN FILED WITH THE COURT OF CLAIMS, THE CLAIMANT SHALL
 CAUSE A COPY OF SUCH CLAIM TO BE  SERVED  UPON  THE  AUTHORITY  AND  THE
 AUTHORITY  SHALL  HAVE THE RIGHT TO BE REPRESENTED AND HEARD BEFORE SUCH
 COURT. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL  BE  PAID
 OUT  OF MONEYS OF THE AUTHORITY. NO REAL PROPERTY MAY BE ACQUIRED PURSU-
 ANT TO THE PROVISIONS OF THIS SECTION FOR PURPOSES OTHER THAN  A  TRANS-
 PORTATION  FACILITY  UNLESS  THE  GOVERNING BODY OF THE CITY, VILLAGE OR
 TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED SHALL FIRST CONSENT TO  SUCH
 ACQUISITION.  THE  PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO
 THE ACQUISITION  OR  DISPOSITION  OF  REAL  PROPERTY  REQUIRED  FOR  THE
 CONSTRUCTION  OF  THE  TWO  HIGHWAY  BRIDGES  CROSSING LONG ISLAND SOUND
 REFERRED TO IN SECTION THIRTEEN HUNDRED FORTY-NINE-IIII OF  THIS  TITLE.
 THE AUTHORITY SHALL BE EMPOWERED TO LEASE FOR SUCH OTHER PURPOSES AS THE
 AUTHORITY MAY DETERMINE ANY PART OR PARTS OF REPUBLIC AIRPORT NOT NEEDED
 FOR TRANSPORTATION PURPOSES.
   §  1349-VVVV.  COOPERATION  AND  ASSISTANCE OF OTHER AGENCIES.   1. TO
 AVOID DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHOR-
 ITY MAY MAKE USE OF EXISTING STUDIES, SURVEYS,  PLANS,  DATA  AND  OTHER
 MATERIALS  IN  THE POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY OR
 POLITICAL SUBDIVISION OF THE STATE. EACH SUCH  AGENCY,  MUNICIPALITY  OR
 SUBDIVISION  IS  HEREBY  AUTHORIZED  TO  MAKE  THE SAME AVAILABLE TO THE
 S. 2830                            158
 
 AUTHORITY AND OTHERWISE TO ASSIST IT IN THE  PERFORMANCE  OF  ITS  FUNC-
 TIONS.   AT THE REQUEST OF THE AUTHORITY, EACH SUCH AGENCY, MUNICIPALITY
 OR SUBDIVISION WHICH IS  ENGAGED  IN  HIGHWAY  OR  OTHER  TRANSPORTATION
 ACTIVITIES  OR  IN LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS CHARGED
 WITH THE DUTY OF PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY  OR
 ANY OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE THE AUTHORI-
 TY  WITH  INFORMATION  REGARDING  ITS  PLANS  AND PROGRAMS AFFECTING THE
 TRANSPORTATION DISTRICT SO THAT THE AUTHORITY MAY HAVE AVAILABLE  TO  IT
 CURRENT  INFORMATION WITH RESPECT THERETO. THE OFFICERS AND PERSONNEL OF
 SUCH AGENCIES, MUNICIPALITIES OR SUBDIVISIONS, AND OF ANY OTHER  GOVERN-
 MENT  OR AGENCY WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY UPON
 SUCH ADVISORY COMMITTEES AS THE AUTHORITY SHALL DETERMINE TO CREATE  AND
 SUCH  OFFICERS  AND  PERSONNEL  MAY  SERVE  UPON SUCH COMMITTEES WITHOUT
 FORFEITURE OF OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE
 COMPENSATION, STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
   2. THE AUTHORITY SHALL, AT THE REQUEST OF ANY  STATE  AGENCY,  MUNICI-
 PALITY  OR  POLITICAL  SUBDIVISION  OF  THE STATE, ENGAGED IN HIGHWAY OR
 OTHER TRANSPORTATION ACTIVITIES OR IN LAND USE OR DEVELOPMENT  PLANNING,
 PROVIDE  SAID  STATE  AGENCY, MUNICIPALITY OR POLITICAL SUBDIVISION WITH
 ALL CURRENT AND RELEVANT INFORMATION REGARDING ITS PLANS OR PROGRAMS, SO
 AS TO ENABLE SAID AGENCY, MUNICIPALITY OR SUBDIVISION TO PROPERLY EFFEC-
 TUATE SAID ACTIVITIES OR PLANNING.
   3. TO THE EXTENT THAT THE  PROVISIONS  OF  THIS  TITLE  AUTHORIZE  THE
 AUTHORITY  TO ENTER INTO ANY AGREEMENT OR ARRANGEMENT WITH, OR UNDERTAKE
 ANY OTHER ACTIVITY REQUIRING THE PARTICIPATION OF, THE BIG APPLE TRANSIT
 AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY OR ANY OF  THEIR  SUBSID-
 IARY CORPORATIONS IN FURTHERANCE OF THEIR RESPECTIVE PURPOSES AND POWERS
 OR  THE  TRIBOROUGH  BRIDGE  AND  TUNNEL AUTHORITY IN FURTHERANCE OF ITS
 PURPOSES AND POWERS, SUCH ENTITIES ARE HEREBY AUTHORIZED  AND  EMPOWERED
 TO  ENTER  INTO  AND  PERFORM  SUCH CONTRACT OR OTHER ARRANGEMENT AND TO
 UNDERTAKE SUCH ACTIVITIES.
   § 1349-WWWW. PROMOTION  OF  QUALIFIED  TRANSPORTATION  FRINGES.    THE
 AUTHORITY SHALL PROMOTE THE BROAD USE OF QUALIFIED TRANSPORTATION FRING-
 ES,  UNDER  SECTION  132(F)  OF  THE  INTERNAL REVENUE CODE, IN ORDER TO
 INCREASE THE NUMBER OF PARTICIPATING COMPANIES  AND  EMPLOYEES  IN  SUCH
 PROGRAMS.  THE  AUTHORITY  MAY  ALSO  STUDY  AND REPORT ON WAYS IN WHICH
 PROGRAMS MAY BE IMPROVED SO AS TO INCREASE PUBLIC PARTICIPATION.
   § 1349-XXXX. NOTES, BONDS AND OTHER OBLIGATIONS OF THE  AUTHORITY.  1.
 (A) THE AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED FROM TIME TO
 TIME  TO  ISSUE ITS BONDS, NOTES AND OTHER OBLIGATIONS IN SUCH PRINCIPAL
 AMOUNT AS, IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY,  CONVEN-
 IENT  OR DESIRABLE TO EFFECTUATE ANY OF ITS POWERS AND PURPOSES, INCLUD-
 ING TO PROVIDE SUFFICIENT FUNDS FOR ACHIEVING  ITS  PURPOSES,  INCLUDING
 THE  ACQUISITION,  ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION,
 MAINTENANCE,  RENOVATION,  IMPROVEMENT,  EXTENSION,  REHABILITATION   OR
 REPAIR OF ANY TRANSPORTATION FACILITY, THE PAYMENT OF PRINCIPAL, REDEMP-
 TION  PREMIUM  AND INTEREST ON BONDS, NOTES AND OTHER OBLIGATIONS OF THE
 AUTHORITY, ESTABLISHMENT OF RESERVES TO SECURE  SUCH  BONDS,  NOTES  AND
 OTHER  OBLIGATIONS,  THE  PROVISION  OF  WORKING  CAPITAL  AND ALL OTHER
 EXPENDITURES OF THE AUTHORITY AND ITS SUBSIDIARY  CORPORATIONS  INCIDENT
 TO  AND  NECESSARY OR CONVENIENT TO CARRY OUT THEIR PURPOSES AND POWERS.
 SUCH BONDS, NOTES OR OTHER OBLIGATIONS MAY BE ISSUED FOR  AN  INDIVIDUAL
 TRANSPORTATION  FACILITY  OR  ISSUED  ON  A  CONSOLIDATED BASIS FOR SUCH
 GROUPS OR CLASSES OF FACILITIES AND PROJECTS AS  THE  AUTHORITY  IN  ITS
 DISCRETION  DEEMS APPROPRIATE AND BE PAYABLE FROM AND SECURED SEPARATELY
 OR ON A CONSOLIDATED BASIS BY, AMONG OTHER THINGS, ALL OR ANY PORTION OF
 S. 2830                            159
 
 SUCH REVENUES AND OTHER MONIES AND  ASSETS  OF  THE  AUTHORITY  AND  ITS
 SUBSIDIARY  CORPORATIONS  AS THE AUTHORITY DETERMINES IN ACCORDANCE WITH
 THE PROVISIONS OF SECTION  THIRTEEN  HUNDRED  FORTY-NINE-DDDDD  OF  THIS
 TITLE;
   (B)  THE  AUTHORITY  SHALL  HAVE  POWER,  FROM  TIME TO TIME, TO ISSUE
 RENEWAL NOTES, TO ISSUE  BONDS  TO  REFUND,  REDEEM  OR  OTHERWISE  PAY,
 INCLUDING  BY PURCHASE OR TENDER, NOTES OF THE AUTHORITY AND ITS SUBSID-
 IARY CORPORATIONS AND WHENEVER IT DEEMS REFUNDING, REDEMPTION OR PAYMENT
 EXPEDIENT, TO REFUND, REDEEM OR OTHERWISE PAY, INCLUDING BY PURCHASE  OR
 TENDER,  ANY  BONDS OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, BY
 THE ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO BE REFUNDED, REDEEMED OR
 OTHERWISE PAID HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS  PARTLY  FOR
 SUCH  PURPOSE  AND PARTLY FOR ANY OTHER PURPOSE AND TO OTHERWISE REFUND,
 REDEEM, ACQUIRE BY PURCHASE OR TENDER, OR IN ANY  OTHER  WAY  REPAY  ANY
 OUTSTANDING  NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY, AND ANY
 OF ITS SUBSIDIARY CORPORATIONS;
   (C) EVERY ISSUE OF ITS NOTES, BONDS  OR  OTHER  OBLIGATIONS  SHALL  BE
 GENERAL OBLIGATIONS OR SPECIAL OBLIGATIONS. EVERY ISSUE OF GENERAL OBLI-
 GATIONS  OF THE AUTHORITY SHALL BE PAYABLE OUT OF ANY REVENUES OR MONIES
 OF THE AUTHORITY, SUBJECT ONLY TO ANY AGREEMENTS  WITH  THE  HOLDERS  OF
 PARTICULAR  NOTES OR BONDS PLEDGING ANY PARTICULAR RECEIPTS OR REVENUES.
 EVERY ISSUE OF SPECIAL OBLIGATIONS SHALL BE PAYABLE OUT OF ANY REVENUES,
 RECEIPTS, MONIES OR OTHER ASSETS OF THE  AUTHORITY  AND  ITS  SUBSIDIARY
 CORPORATIONS, IDENTIFIED FOR SUCH PURPOSES IN ACCORDANCE WITH AGREEMENTS
 WITH  THE  HOLDERS  OF PARTICULAR NOTES, BONDS OR OTHER OBLIGATIONS. THE
 AUTHORITY MAY ISSUE TRANSPORTATION  REVENUE  SPECIAL  OBLIGATION  BONDS,
 NOTES  OR  OTHER  OBLIGATIONS  AS  PROVIDED  IN SECTION THIRTEEN HUNDRED
 FORTY-NINE-EEEEE OF THIS TITLE;
   2. THE AUTHORITY MAY FROM TIME TO TIME ISSUE ITS BONDS  AND  NOTES  IN
 SUCH  PRINCIPAL  AMOUNTS  AS,  IN THE OPINION OF THE AUTHORITY, SHALL BE
 NECESSARY TO FINANCE  THE  UNFUNDED  PENSION  FUND  LIABILITIES  OF  THE
 AUTHORITY,  ITS  AFFILIATES AND SUBSIDIARIES, PROVIDED, HOWEVER, THAT IN
 NO EVENT SHALL THE CUMULATIVE AMOUNTS OF BONDS AND NOTES ISSUED PURSUANT
 TO THE AUTHORITY OF THIS SUBDIVISION  EXCEED  ONE  BILLION  TWO  HUNDRED
 MILLION  DOLLARS  OR SIXTY PERCENT OF SUCH UNFUNDED PENSION FUND LIABIL-
 ITIES, WHICHEVER IS LESS, AND PROVIDED, FURTHER, THAT NO BONDS SHALL  BE
 ISSUED  UNDER  THIS SUBDIVISION FOR A TERM LONGER THAN TWENTY YEARS. THE
 AUTHORITY SHALL NOT ISSUE BONDS OR NOTES IN ANY TWELVE-MONTH PERIOD IN A
 CUMULATIVE PRINCIPAL AMOUNT IN EXCESS OF  FORTY  PERCENT  OF  THE  TOTAL
 AMOUNT PERMITTED TO BE ISSUED UNDER THIS SUBDIVISION. PRIOR TO THE ISSU-
 ANCE OF ANY BONDS OR NOTES, THE AUTHORITY SHALL MAKE A FINDING THAT SUCH
 ISSUE IS EXPECTED TO RESULT, ON A PRESENT VALUE BASIS, IN A LOWER EFFEC-
 TIVE  COST  TO  THE  AUTHORITY  THAN  FUNDING  THE UNFUNDED PENSION FUND
 LIABILITY SOLELY THROUGH THE PAYMENT OF ANNUAL AMOUNTS  TO  THE  PENSION
 FUND,  ASSUMING  THAT  THE PRINCIPAL COMPONENT OF THE UNFUNDED LIABILITY
 WILL BE AMORTIZED OVER THE SAME NUMBER OF YEARS AS THE TERM OF THE BONDS
 OR NOTES AND THAT THE INTEREST PAYABLE THEREON IS THE ACTUARIAL RATE  OF
 INTEREST  DETERMINED  BY THE ACTUARY FOR THE PENSION FUND AT THE TIME OF
 THE ISSUANCE OF SUCH BONDS OR NOTES. THE AGGREGATE PRINCIPAL  AMOUNT  OF
 BONDS  AND NOTES ISSUED FOR SUCH PURPOSES MAY BE INCREASED TO FUND COSTS
 OF ISSUANCE AND MAY REASONABLY REQUIRE DEBT  SERVICE  OF  OTHER  RESERVE
 FUNDS.  BONDS AND NOTES MAY BE ISSUED TO REFUND OR OTHERWISE REPAY BONDS
 OR NOTES THERETOFORE ISSUED FOR SUCH PURPOSES; PROVIDED,  HOWEVER,  THAT
 UPON  ANY SUCH REFUNDING OR REPAYMENT, INCLUDING FOR THE PURPOSE OF SUCH
 CALCULATION THE PRINCIPAL AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO
 BE ISSUED AND EXCLUDING THE PRINCIPAL AMOUNT OF THE BONDS OR NOTES SO TO
 S. 2830                            160
 
 BE REFUNDED OR REPAID AND ALSO EXCLUDING ANY AMOUNTS USED TO  PAY  COSTS
 OF ISSUANCE AND REASONABLY REQUIRED DEBT SERVICE OR OTHER RESERVE FUNDS,
 THE  PRESENT  VALUE  OF  THE  AGGREGATE DEBT SERVICE OF THE REFUNDING OR
 REPAYMENT BONDS OR NOTES TO BE ISSUED SHALL NOT EXCEED THE PRESENT VALUE
 OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE REFUNDED OR
 REPAID.  FOR  PURPOSES  OF THE PRECEDING SENTENCE, THE PRESENT VALUES OF
 THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS OR  NOTES
 AND  OF  THE  AGGREGATE  DEBT  SERVICE  OF  THE  BONDS OR NOTES SO TO BE
 REFUNDED OR REPAID SHALL BE CALCULATED BY UTILIZING THE EFFECTIVE INTER-
 EST RATE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES,  WHICH  SHALL  BE
 THAT  RATE  ARRIVED  AT  BY  DOUBLING  THE  SEMI-ANNUAL  INTEREST  RATE,
 COMPOUNDED  SEMI-ANNUALLY,  NECESSARY  TO  DISCOUNT  THE  DEBT   SERVICE
 PAYMENTS  ON  THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE PAYMENT
 DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR  REPAYMENT  BONDS
 OR  NOTES  AND  TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST OR
 PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED  INTEREST
 FROM  THE  SALE  THEREOF.  DEBT  SERVICE  ON THE BONDS OR NOTES SHALL BE
 STRUCTURED SO THAT THE ECONOMIC BENEFITS  THEREOF  SHALL  BE  RELATIVELY
 UNIFORM  FOR  EACH  FULL YEAR THROUGHOUT THE TERM OF THE BONDS OR NOTES.
 BEGINNING WITH THE DATE OF FIRST ISSUANCE OF BONDS UNDER  THIS  SECTION,
 THE  AUTHORITY  AND ITS SUBSIDIARIES SHALL MAKE ANNUAL PAYMENTS INTO THE
 PENSION FUND IN AMOUNTS AT LEAST EQUAL TO THE CURRENT  PENSION  CONTRIB-
 UTION  LIABILITY  APPLICABLE TO SUCH YEAR. THE NET PROCEEDS OF THE BONDS
 OR NOTES INTENDED TO BE INVESTED IN NON-DEBT SECURITIES MAY BE  INVESTED
 BY THE RECIPIENT PENSION FUND IN A FISCALLY PRUDENT MANNER IN SECURITIES
 CONSISTENT WITH ANY TRUST INDENTURES AND ALL APPLICABLE STATE AND FEDER-
 AL  LAW  OVER  A  REASONABLE  PERIOD  OF  TIME NOT LESS THAN THIRTY DAYS
 FOLLOWING THE ISSUANCE OF THE  BONDS  OR  NOTES.  THE  OPERATING  BUDGET
 SAVINGS  ASSOCIATED WITH THE ISSUANCE OF PENSION OBLIGATION BONDS PURSU-
 ANT TO THIS SUBDIVISION SHALL BE DEDICATED TO  REDUCING  SERVICE  ELIMI-
 NATIONS PROJECTED TO OCCUR WITHIN THAT PERIOD.
   3.  THE  NOTES,  BONDS  AND  OTHER  OBLIGATIONS SHALL BE AUTHORIZED BY
 RESOLUTION APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER
 OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT  OF
 A  TIE  VOTE THE CHAIRPERSON SHALL CAST ONE ADDITIONAL VOTE. SUCH NOTES,
 BONDS AND OTHER OBLIGATIONS SHALL BEAR SUCH DATE  OR  DATES,  AND  SHALL
 MATURE  AT  SUCH  TIME  OR  TIMES,  IN  THE CASE OF ANY SUCH NOTE OR ANY
 RENEWALS THEREOF NOT EXCEEDING FIVE YEARS FROM THE DATE OF ISSUE OF SUCH
 ORIGINAL NOTE, AND IN THE CASE OF ANY  SUCH  BOND  NOT  EXCEEDING  FIFTY
 YEARS  FROM  THE  DATE  OF  ISSUE, AS SUCH RESOLUTION OR RESOLUTIONS MAY
 PROVIDE. THE NOTES, BONDS AND OTHER OBLIGATIONS SHALL BEAR  INTEREST  AT
 SUCH  RATE  OR  RATES, BE IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER
 COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
 SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF  PAYMENT,  AT  SUCH  PLACE  OR
 PLACES  AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION OR
 RESOLUTIONS MAY PROVIDE. THE NOTES, BONDS AND OTHER OBLIGATIONS  OF  THE
 AUTHORITY  MAY  BE  SOLD BY THE AUTHORITY, AT PUBLIC OR PRIVATE SALE, AT
 SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE. NO NOTES OR BONDS
 OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE,  HOWEVER,
 UNLESS  SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING BY
 (A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO THE COMPTROLLER,  OR  (B)
 THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS TO THE COMPTROLLER.
   4.  ANY  RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES, BONDS OR ANY
 ISSUE THEREOF, OR ANY OTHER OBLIGATIONS OF THE  AUTHORITY,  MAY  CONTAIN
 PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THER-
 EOF, AS TO:
 S. 2830                            161
 
   (A)  PLEDGING  ALL  OR ANY PART OF THE REVENUES OF THE AUTHORITY OR OF
 ANY OF ITS SUBSIDIARY CORPORATIONS TO SECURE THE PAYMENT OF THE NOTES OR
 BONDS OR OF ANY ISSUE THEREOF, OR ANY OTHER OBLIGATIONS OF THE  AUTHORI-
 TY, SUBJECT TO SUCH APPLICABLE AGREEMENTS WITH BONDHOLDERS, NOTEHOLDERS,
 OR  HOLDERS  OF  OTHER OBLIGATIONS OF THE AUTHORITY AND THE METROPOLITAN
 TRANSPORTATION AUTHORITY, AS MAY THEN EXIST;
   (B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF  ANY
 OF  ITS  SUBSIDIARY  CORPORATIONS  TO SECURE THE PAYMENT OF THE NOTES OR
 BONDS OR OF ANY ISSUE OF NOTES OR BONDS, OR ANY OTHER OBLIGATIONS OF THE
 AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH NOTEHOLDERS, BONDHOLDERS,  OR
 HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORITY AS MAY THEN EXIST;
   (C)  THE  USE  AND  DISPOSITION  OF  REVENUES, INCLUDING FARES, TOLLS,
 RENTALS, RATES, CHARGES AND OTHER FEES, MADE OR RECEIVED BY THE AUTHORI-
 TY, OR ANY OF ITS SUBSIDIARY CORPORATIONS;
   (D) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE  REGULATION
 AND DISPOSITION THEREOF;
   (E) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF NOTES,
 BONDS  OR OTHER OBLIGATIONS OF THE AUTHORITY MAY BE APPLIED AND PLEDGING
 SUCH PROCEEDS TO SECURE THE PAYMENT OF THE NOTES  OR  BONDS  OR  OF  ANY
 ISSUE THEREOF OR OF OTHER OBLIGATIONS;
   (F)  LIMITATIONS  ON  THE ISSUANCE OF ADDITIONAL NOTES, BONDS OR OTHER
 OBLIGATIONS OF THE AUTHORITY; THE TERMS  UPON  WHICH  ADDITIONAL  NOTES,
 BONDS  OR  OTHER OBLIGATIONS OF THE AUTHORITY MAY BE ISSUED AND SECURED;
 THE REFUNDING OF OUTSTANDING OR OTHER NOTES, BONDS OR OTHER  OBLIGATIONS
 OF THE AUTHORITY;
   (G)  THE  PROCEDURE,  IF  ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
 NOTEHOLDERS, BONDHOLDERS, OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHOR-
 ITY, MAY BE AMENDED OR ABROGATED, THE AMOUNT OF NOTES,  BONDS  OR  OTHER
 OBLIGATIONS OF THE AUTHORITY THE HOLDERS OF WHICH SHALL CONSENT THERETO,
 AND THE MANNER IN WHICH SUCH CONSENT MAY BE GIVEN;
   (H) LIMITATIONS ON THE AMOUNT OF MONIES TO BE EXPENDED BY THE AUTHORI-
 TY  OR  ANY OF ITS SUBSIDIARY CORPORATIONS FOR OPERATING, ADMINISTRATIVE
 OR OTHER EXPENSES OF THE AUTHORITY  OR  ANY  OF  ITS  SUBSIDIARY  CORPO-
 RATIONS;
   (I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
 DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
 ALL  OF  THE  RIGHTS,  POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY THE
 BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
 TY PURSUANT TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT  OF  THE
 BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
 TY  TO  APPOINT  A  TRUSTEE  UNDER  THIS ARTICLE OR LIMITING THE RIGHTS,
 POWERS AND DUTIES OF SUCH TRUSTEE;
   (J) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER,  WHICH  IN  ANY
 WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES, BONDS OR OTHER OBLI-
 GATIONS OF THE AUTHORITY.
   5.  IN  ADDITION  TO THE POWERS HEREIN CONFERRED UPON THE AUTHORITY TO
 SECURE ITS NOTES, BONDS AND OTHER OBLIGATIONS, THE AUTHORITY SHALL  HAVE
 POWER  IN  CONNECTION  WITH THE ISSUANCE OF NOTES, BONDS AND OTHER OBLI-
 GATIONS TO ENTER INTO SUCH AGREEMENTS AS THE AUTHORITY MAY  DEEM  NECES-
 SARY,  CONVENIENT  OR DESIRABLE CONCERNING THE USE OR DISPOSITION OF THE
 MONIES OR PROPERTY OF ANY OF THE AUTHORITY, ITS SUBSIDIARY CORPORATIONS,
 INCLUDING THE MORTGAGING OF ANY SUCH PROPERTY AND THE ENTRUSTING, PLEDG-
 ING OR CREATION OF ANY OTHER SECURITY INTEREST IN  ANY  SUCH  MONIES  OR
 PROPERTY  AND  THE DOING OF ANY ACT, INCLUDING REFRAINING FROM DOING ANY
 ACT, WHICH THE AUTHORITY WOULD HAVE THE RIGHT TO DO IN  THE  ABSENCE  OF
 SUCH AGREEMENTS. THE AUTHORITY SHALL HAVE POWER TO ENTER INTO AMENDMENTS
 S. 2830                            162
 
 OF  ANY  SUCH  AGREEMENTS  WITHIN THE POWERS GRANTED TO THE AUTHORITY BY
 THIS TITLE AND TO PERFORM SUCH AGREEMENTS. THE PROVISIONS  OF  ANY  SUCH
 AGREEMENTS  MAY  BE  MADE A PART OF THE CONTRACT WITH THE HOLDERS OF THE
 NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY.
   6.  IT  IS  THE INTENTION HEREOF THAT ANY PLEDGE, MORTGAGE OR SECURITY
 INSTRUMENT MADE BY THE AUTHORITY SHALL BE VALID  AND  BINDING  FROM  THE
 TIME  WHEN THE PLEDGE, MORTGAGE OR SECURITY INSTRUMENT IS MADE; THAT THE
 MONIES OR PROPERTY SO PLEDGED, MORTGAGED AND  ENTRUSTED  AND  THEREAFTER
 RECEIVED  BY  THE AUTHORITY, OR ANY OF ITS SUBSIDIARY CORPORATIONS SHALL
 IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE, MORTGAGE OR  SECURITY
 INSTRUMENT  WITHOUT  ANY  PHYSICAL  DELIVERY THEREOF OR FURTHER ACT; AND
 THAT THE LIEN OF ANY SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT  SHALL
 BE VALID AND BINDING AS AGAINST ALL PARTIES HAVING CLAIMS OF ANY KIND IN
 TORT, CONTRACT OR OTHERWISE AGAINST THE AUTHORITY, OR ANY OF ITS SUBSID-
 IARY  CORPORATIONS,  IRRESPECTIVE  OF  WHETHER  SUCH PARTIES HAVE NOTICE
 THEREOF.  NEITHER THE RESOLUTION NOR ANY MORTGAGE,  SECURITY  INSTRUMENT
 OR  OTHER  INSTRUMENT BY WHICH A PLEDGE, MORTGAGE LIEN OR OTHER SECURITY
 IS CREATED NEED BE RECORDED OR FILED AND NEITHER THE AUTHORITY NOR,  ANY
 OF  ITS  SUBSIDIARY CORPORATIONS SHALL BE REQUIRED TO COMPLY WITH ANY OF
 THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE.
   7. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON  EXECUTING  THE
 NOTES,  BONDS  OR  OTHER  OBLIGATIONS  SHALL BE LIABLE PERSONALLY ON THE
 NOTES, BONDS OR OTHER OBLIGATIONS OR BE SUBJECT TO ANY PERSONAL  LIABIL-
 ITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
   8.  THE  AUTHORITY,  SUBJECT  TO  SUCH  AGREEMENTS WITH THE HOLDERS OF
 NOTES, BONDS OR OTHER OBLIGATIONS AS MAY THEN EXIST,  SHALL  HAVE  POWER
 OUT  OF  ANY  FUNDS AVAILABLE THEREFOR TO PURCHASE NOTES, BONDS OR OTHER
 OBLIGATIONS OF THE AUTHORITY. THE AUTHORITY MAY  HOLD,  CANCEL  OR  SELL
 SUCH  BONDS,  NOTES  AND OTHER OBLIGATIONS, SUBJECT TO AND IN ACCORDANCE
 WITH AGREEMENTS WITH SUCH HOLDERS.
   9. NEITHER THE STATE NOR THE CITY OF  NEW  YORK  SHALL  BE  LIABLE  ON
 NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY AND SUCH NOTES, BONDS
 AND  OTHER  OBLIGATIONS  SHALL NOT BE A DEBT OF THE STATE OR THE CITY OF
 NEW YORK, AND SUCH NOTES, BONDS AND OTHER OBLIGATIONS SHALL  CONTAIN  ON
 THE  FACE THEREOF, OR IN AN EQUALLY PROMINENT PLACE, A STATEMENT TO SUCH
 EFFECT.
   10. SO LONG AS THE AUTHORITY HAS ANY OUTSTANDING BONDS, NOTES OR OTHER
 OBLIGATIONS ISSUED PURSUANT TO THIS SECTION, NONE OF  THE  AUTHORITY  OR
 ANY  OF  ITS  SUBSIDIARY CORPORATIONS SHALL HAVE THE AUTHORITY TO FILE A
 VOLUNTARY PETITION UNDER CHAPTER NINE OF THE FEDERAL BANKRUPTCY CODE  OR
 SUCH  CORRESPONDING  CHAPTER,  CHAPTERS OR SECTIONS AS MAY, FROM TIME TO
 TIME, BE IN EFFECT, AND NEITHER ANY PUBLIC OFFICER NOR ANY ORGANIZATION,
 ENTITY OR OTHER PERSON SHALL AUTHORIZE  THE  AUTHORITY  OR  ANY  OF  ITS
 SUBSIDIARY  CORPORATIONS  TO BE OR BECOME A DEBTOR UNDER CHAPTER NINE OR
 SAID CORRESPONDING CHAPTER, CHAPTERS OR SECTIONS DURING ANY SUCH PERIOD.
   11. THE TERM "MONIES" AS USED IN THIS SECTION SHALL INCLUDE,  BUT  NOT
 BE LIMITED TO, ALL OPERATING SUBSIDIES PROVIDED BY: (I) ANY PUBLIC BENE-
 FIT  CORPORATION;  OR  (II)  ANY  GOVERNMENTAL ENTITY, FEDERAL, STATE OR
 LOCAL AND SHALL EXCLUDE ALL FUNDS REQUIRED  TO  BE  TRANSFERRED  TO  THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY  PURSUANT  TO  SECTION  THIRTEEN
 HUNDRED FORTY-NINE-IIII OF THIS TITLE.
   12. ANY RESOLUTION OR AGREEMENT AUTHORIZING  THE  ISSUANCE  OF  BONDS,
 NOTES  OR  OTHER  OBLIGATIONS PURSUANT TO THIS SECTION MAY, IN ADDITION,
 AUTHORIZE AND PROVIDE FOR THE  ISSUANCE  OF  LEASE  OBLIGATIONS  OF  THE
 AUTHORITY  WHICH  MAY  BE  ISSUED  FOR THE PURPOSES AND ON THE TERMS AND
 CONDITIONS UNDER WHICH THE BONDS, NOTES AND OTHER OBLIGATIONS AUTHORIZED
 S. 2830                            163
 
 UNDER THIS SECTION MAY BE ISSUED, AND MAY BE SECURED IN THE SAME  MANNER
 AS  SUCH  BONDS,  NOTES AND OTHER OBLIGATIONS, AND WHICH RESOLUTION WITH
 RESPECT TO SUCH LEASE OBLIGATIONS, MAY  CONTAIN  SUCH  OTHER  PROVISIONS
 APPLICABLE  TO  BONDS, NOTES AND OTHER OBLIGATIONS NOT INCONSISTENT WITH
 THE PROVISIONS OF THIS SECTION, AS THE AUTHORITY MAY DETERMINE.
   13. THE AGGREGATE PRINCIPAL AMOUNT OF  BONDS,  NOTES  OR  OTHER  OBLI-
 GATIONS  ISSUED  AFTER THE EFFECTIVE DATE OF THIS TITLE BY THE AUTHORITY
 TO FUND PROJECTS CONTAINED IN CAPITAL PROGRAM PLANS APPROVED PURSUANT TO
 SECTION THIRTEEN HUNDRED FORTY-NINE-YYYY OF THIS TITLE FOR THE NEW CAPI-
 TAL PROGRAM PERIOD SHALL NOT EXCEED THE NEW CAPITAL PROGRAM DEBT  LIMIT.
 SUCH  AGGREGATE PRINCIPAL AMOUNT OF BONDS, NOTES OR OTHER OBLIGATIONS OR
 THE EXPENDITURE THEREOF SHALL NOT BE SUBJECT TO ANY LIMITATION CONTAINED
 IN ANY OTHER PROVISION OF LAW ON THE PRINCIPAL AMOUNT OF BONDS, NOTES OR
 OTHER OBLIGATIONS OR THE EXPENDITURE THEREOF APPLICABLE TO THE  AUTHORI-
 TY.  THE  AGGREGATE LIMITATION ESTABLISHED BY THIS SUBDIVISION SHALL NOT
 INCLUDE:
   (A) OBLIGATIONS ISSUED TO REFUND, REDEEM OR OTHERWISE REPAY, INCLUDING
 BY PURCHASE OR TENDER, OBLIGATIONS  THERETOFORE  ISSUED  EITHER  BY  THE
 ISSUER OF SUCH REFUNDING OBLIGATIONS OR BY THE AUTHORITY;
   (B) OBLIGATIONS ISSUED TO FUND ANY DEBT SERVICE OR OTHER RESERVE FUNDS
 FOR SUCH OBLIGATIONS;
   (C)  OBLIGATIONS ISSUED OR INCURRED TO FUND THE COSTS OF ISSUANCE, THE
 PAYMENT OF AMOUNTS REQUIRED UNDER BOND AND NOTE FACILITIES,  FEDERAL  OR
 OTHER  GOVERNMENTAL  LOANS,  SECURITY  OR  CREDIT  ARRANGEMENTS OR OTHER
 AGREEMENTS RELATED THERETO AND THE PAYMENT OF OTHER FINANCING,  ORIGINAL
 ISSUE PREMIUMS AND RELATED COSTS ASSOCIATED WITH SUCH OBLIGATIONS;
   (D)  AN AMOUNT EQUAL TO ANY ORIGINAL ISSUE DISCOUNT FROM THE PRINCIPAL
 AMOUNT OF SUCH OBLIGATIONS OR TO FUND CAPITALIZED INTEREST;
   (E) OBLIGATIONS INCURRED IN CONNECTION WITH THE  LEASING,  SELLING  OR
 TRANSFERRING OF EQUIPMENT; AND
   (F)  BOND  ANTICIPATION NOTES OR OTHER OBLIGATIONS PAYABLE SOLELY FROM
 THE PROCEEDS OF OTHER BONDS, NOTES OR OTHER OBLIGATIONS WHICH  WOULD  BE
 INCLUDED  IN  THE  AGGREGATE  PRINCIPAL  AMOUNT SPECIFIED IN THE OPENING
 PARAGRAPH OF THIS SUBDIVISION, WHETHER OR NOT  ADDITIONALLY  SECURED  BY
 REVENUES OF THE AUTHORITY, OR ANY OF ITS SUBSIDIARY CORPORATIONS.
   §  1349-YYYY. CAPITAL PROGRAM PLANS; APPROVALS; EFFECT OF DISAPPROVAL.
 1. (A) ON OR BEFORE THE FIRST OF OCTOBER NEXT SUCCEEDING  THE  EFFECTIVE
 DATE  OF  THIS  SECTION  AND  EVERY FIFTH YEAR THEREAFTER, THE AUTHORITY
 SHALL SUBMIT TO THE GOVERNOR A CAPITAL PROGRAM  PLAN  FOR  THE  TEN-YEAR
 PERIOD COMMENCING JANUARY FIRST OF THE FOLLOWING YEAR.
   (B)  EACH SUCH PLAN SHALL CONTAIN THE CAPITAL PROGRAM FOR THE RAILROAD
 FACILITIES, NOT INCLUDING THE  STATEN  ISLAND  RAPID  TRANSIT  OPERATING
 AUTHORITY, UNDER THE JURISDICTION OF THE AUTHORITY.
   (C)  THE  PLAN  SHALL SET SYSTEM-WIDE GOALS AND OBJECTIVES FOR CAPITAL
 SPENDING, ESTABLISH STANDARDS FOR SERVICE AND OPERATIONS,  AND  DESCRIBE
 EACH  CAPITAL  ELEMENT  PROPOSED  TO  BE  INITIATED IN EACH OF THE YEARS
 COVERED BY THE PLAN AND EXPLAIN HOW EACH PROPOSED ELEMENT  SUPPORTS  THE
 ACHIEVEMENT  OF THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN THE
 PLAN. THE PLAN SHALL ALSO SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL
 FUNDING REQUIRED EACH YEAR AND THE EXPECTED  SOURCES  OF  SUCH  FUNDING.
 EACH  PLAN SUBSEQUENT TO THE FIRST SUCH PLAN AND EACH PROPOSED AMENDMENT
 OR MODIFICATION THEREOF SHALL ALSO DESCRIBE THE CURRENT STATUS  OF  EACH
 CAPITAL  ELEMENT  INCLUDED  IN THE PREVIOUSLY APPROVED PLAN, IF ANY. THE
 PLAN SHALL BE ACCOMPANIED OR SUPPLEMENTED BY SUCH  SUPPORTING  MATERIALS
 AS THE GOVERNOR SHALL REQUIRE.
 S. 2830                            164
 
   (D)  A  CAPITAL  ELEMENT  SHALL  MEAN EITHER A CATEGORY OF EXPENDITURE
 ITEMIZED IN A PLAN, AS HEREINAFTER PROVIDED, FOR WHICH A SPECIFIED MAXI-
 MUM DOLLAR  AMOUNT  IS  PROPOSED  TO  BE  EXPENDED,  OR  A  PARTICULARLY
 DESCRIBED  CAPITAL  PROJECT  WITHIN  ONE OR MORE CATEGORIES FOR WHICH NO
 MAXIMUM  EXPENDITURE  IS PROPOSED, BUT FOR WHICH AN ESTIMATE OF EXPECTED
 COST IS PROVIDED. A CAPITAL ELEMENT SHALL BE DEEMED TO HAVE BEEN  INITI-
 ATED FOR PURPOSES OF THIS SECTION IF IN CONNECTION WITH SUCH ELEMENT THE
 AUTHORITY  SHALL  CERTIFY  THAT:  (I) PURCHASE OR CONSTRUCTION CONTRACTS
 HAVE BEEN ENTERED INTO, OBLIGATING IN THE AGGREGATE AN AMOUNT  EXCEEDING
 TEN PERCENT OF THE MAXIMUM OR ESTIMATED COST OF THE ELEMENT AS SET FORTH
 IN  A  PLAN; (II) FINANCING SPECIFIC TO THE PROJECT HAS BEEN UNDERTAKEN;
 OR (III) IN A CASE WHERE SUCH ELEMENT IS LIMITED TO DESIGN OR  ENGINEER-
 ING, A CONTRACT THEREFOR HAS BEEN ENTERED INTO.
   2.  THE  PLAN  SHALL  ITEMIZE  THE  CAPITAL  ELEMENTS INCLUDED IN EACH
 SECTION OF THE PLAN UNDER THE FOLLOWING CATEGORIES OF  EXPENDITURE:  (A)
 ROLLING  STOCK  AND  BUSES;  (B) PASSENGER STATIONS; (C) TRACK; (D) LINE
 EQUIPMENT; (E) LINE STRUCTURES;  (F)  SIGNALS  AND  COMMUNICATIONS;  (G)
 POWER  EQUIPMENT,  EMERGENCY POWER EQUIPMENT AND SUBSTATIONS; (H) SHOPS,
 YARDS, MAINTENANCE FACILITIES, DEPOTS AND TERMINALS; (I)  SERVICE  VEHI-
 CLES;  (J)  SECURITY  SYSTEMS;  (K)  ELECTRIFICATION EXTENSIONS; AND (L)
 UNSPECIFIED, MISCELLANEOUS AND EMERGENCY.
   3. A CAPITAL PROGRAM PLAN SHALL BE APPROVED ONLY BY RESOLUTION OF  THE
 AUTHORITY  APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER
 OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT  OF
 A  TIE  VOTE  THE  CHAIRPERSON  SHALL  CAST  ONE  ADDITIONAL VOTE. AFTER
 APPROVAL, THE AUTHORITY SHALL SUBMIT THE PLAN TO THE GOVERNOR,  WHO  HAS
 NINETY DAYS TO APPROVE THE PLAN.
   4.  A  COPY  OF ANY CAPITAL PROGRAM PLAN THAT HAS BEEN APPROVED BY THE
 AUTHORITY AND  DISTRIBUTED  TO  THE  GOVERNOR  SHALL  BE  SIMULTANEOUSLY
 PROVIDED TO THE PUBLIC BY THE COMMUTER TRANSPORTATION AUTHORITY, VIA ITS
 OFFICIAL OR SHARED INTERNET WEBSITE.
   5.  IF THE GOVERNOR TAKES NO ACTION WITHIN NINETY DAYS AFTER RECEIVING
 THE PLAN, THE PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
   6. IF THE GOVERNOR VETOES THE PLAN, THE AUTHORITY  MAY  ONLY  OVERRIDE
 THE VETO BY UNANIMOUS VOTE.
   7. IF THE GOVERNOR VETOES THE PLAN AND THE AUTHORITY DOES NOT OVERRIDE
 THE  VETO,  THE  AUTHORITY  MAY THEREAFTER REFORMULATE AND RESUBMIT SUCH
 PLAN AT ANY TIME. WITHIN THIRTY DAYS OF THE SUBMISSION OF SUCH  REFORMU-
 LATED PLAN, THE GOVERNOR SHALL NOTIFY THE AUTHORITY OF ITS APPROVAL, OR,
 IF  THE REFORMULATED PLAN IS NOT APPROVED AND THE GOVERNOR HAS NOT NOTI-
 FIED THE AUTHORITY OF HIS OR HER DISAPPROVAL  WITHIN  SUCH  PERIOD,  THE
 REFORMULATED PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
   8.  NO  GENERAL OBLIGATION BONDS OR NOTES OF THE AUTHORITY, NO SPECIAL
 OBLIGATION BONDS OR NOTES OF THE AUTHORITY TO FINANCE A TRANSIT  PROJECT
 SHALL  BE  ISSUED  TO FINANCE THE COSTS OF A CAPITAL ELEMENT UNLESS SUCH
 CAPITAL ELEMENT AND SUCH SOURCE OF FUNDING  WAS  SET  FORTH  IN  A  PLAN
 APPROVED AS PROVIDED IN THIS SECTION.
   9. THE DISAPPROVAL OF A CAPITAL PROGRAM PLAN SHALL NOT AFFECT: (A) THE
 RIGHT  OF  THE AUTHORITY OR OF ITS SUBSIDIARIES TO INITIATE AND COMPLETE
 ANY CAPITAL ELEMENT WHICH WILL BE FINANCED OTHERWISE  THAN  THROUGH  THE
 ISSUANCE OF THE BONDS OR NOTES THE ISSUANCE OF WHICH IS PROHIBITED UNDER
 SUBDIVISION  FOUR  OF  THIS  SECTION;  (B) THE RIGHT OF THE AUTHORITY TO
 ISSUE BONDS OR NOTES TO FINANCE A CAPITAL ELEMENT  WHICH  WAS  INITIATED
 PRIOR TO SUCH DISAPPROVAL IN CONFORMITY WITH A PREVIOUSLY APPROVED PLAN;
 OR  (C)  THE RIGHT OF THE AUTHORITY TO ISSUE BONDS OR NOTES TO REFUND OR
 OTHERWISE REPAY ANY OF ITS OUTSTANDING BONDS OR NOTES OR TO FULFILL  ANY
 S. 2830                            165
 
 OF THEIR OBLIGATIONS TO THE HOLDERS OF ANY OF THEIR OUTSTANDING BONDS OR
 NOTES.
   10.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  EIGHT  OF THIS
 SECTION, IF A SOURCE OF FUNDING DESCRIBED IN AN APPROVED PLAN  SHALL  BE
 UNAVAILABLE  OR  BE  AVAILABLE IN A LESSER AMOUNT THAN THAT SET FORTH IN
 SUCH PLAN, THE AUTHORITY MAY  ISSUE  BONDS  OR  NOTES  AS  NECESSARY  TO
 PROVIDE  THE  REQUISITE FUNDING FOR THE CAPITAL ELEMENTS INCLUDED IN THE
 PLAN TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH BONDS OR  NOTES  TO
 BE  ISSUED IN SUBSTITUTION FOR SUCH UNAVAILABLE AMOUNTS SHALL NOT EXCEED
 THE GREATER OF FIFTY MILLION DOLLARS OR  TWENTY  PERCENT  OF  THE  TOTAL
 AMOUNT  DESCRIBED  IN SUCH PLAN FOR EITHER THE SUBSTITUTE FUNDING SOURCE
 OR THE FUNDING SOURCE BEING SUBSTITUTED FOR.
   11. (A) THE AUTHORITY MAY FROM TIME TO TIME  SUBMIT  TO  THE  GOVERNOR
 AMENDMENTS  OR MODIFICATIONS TO ANY TEN-YEAR PLAN THERETOFORE SUBMITTED,
 AND SHALL SUBMIT SUCH AN AMENDMENT OR MODIFICATION: (I) IF THE ESTIMATED
 COST OF ANY CAPITAL ELEMENT FOR WHICH  A  SPECIFIED  DOLLAR  AMOUNT  WAS
 PROPOSED  TO  BE  EXPENDED  EXCEEDS THE AMOUNT SET FORTH IN THE APPROVED
 PLAN FOR SUCH ELEMENT BY MORE THAN TEN PERCENT; (II) IF WITH RESPECT  TO
 A  PARTICULARLY  DESCRIBED CAPITAL ELEMENT FOR WHICH ONLY AN ESTIMATE OF
 PROJECTED COST HAS BEEN PROVIDED IN THE PLAN THERE IS A MATERIAL  CHANGE
 IN  THE  DESCRIPTION OF SUCH ELEMENT FROM THAT CONTAINED IN THE APPROVED
 PLAN; (III) IF A CAPITAL ELEMENT NOT PREVIOUSLY INCLUDED IN THE APPROVED
 PLAN IS PROPOSED TO BE UNDERTAKEN AND ITS COST, TOGETHER WITH  THE  COST
 OF  OTHER  ELEMENTS INCLUDED IN CATEGORY (L) OF THE PLAN, EXCEEDS BY TEN
 PERCENT THE AMOUNT PROVIDED FOR SUCH CATEGORY (L) ELEMENTS; (IV) IF  THE
 AUTHORITY  SHALL  PROPOSE  TO CHANGE BY MORE THAN ONE YEAR THE TIME WHEN
 ANY CAPITAL ELEMENT IS PROPOSED TO BE INITIATED OR THE  EFFECT  OF  SUCH
 CHANGE  WILL  BE  TO  INCREASE  THE  ESTIMATED AMOUNT OF CAPITAL FUNDING
 REQUIRED IN ANY YEAR COVERED BY THE PLAN BY MORE THAN TWENTY PERCENT; OR
 (V) IF THE AVAILABILITY OF FUNDING SOURCES  CHANGES  TO  THE  DEGREE  TO
 WHICH  THE  AUTHORITY  IS  PRECLUDED  FROM  EXERCISING THE AUTHORIZATION
 PROVIDED IN SUBDIVISION SIX OF THIS SECTION AND THE AUTHORITY WISHES  TO
 DO SO.
   (B) AN AMENDMENT OR MODIFICATION MAY ONLY BE APPROVED IN TWO WAYS: (I)
 AN  AMENDMENT OR MODIFICATION SHALL ONLY BE APPROVED BY THE GOVERNOR AND
 WITHIN THIRTY DAYS OF THE SUBMISSION OF AN AMENDMENT OR MODIFICATION THE
 GOVERNOR SHALL NOTIFY THE AUTHORITY OF ITS APPROVAL OF THE SAME; OR (II)
 IF THE AMENDMENT OR MODIFICATION IS NOT APPROVED BY THE GOVERNOR  WITHIN
 SUCH  THIRTY  DAY PERIOD AND THE GOVERNOR HAS NOT NOTIFIED THE AUTHORITY
 IN WRITING OF HIS OR HER DISAPPROVAL WITHIN SUCH PERIOD,  THE  AMENDMENT
 OR MODIFICATION SHALL BE DEEMED TO HAVE BEEN APPROVED.
   12. IN FORMULATING ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL GIVE
 CONSIDERATION  TO  THE PHYSICAL CONDITION AND URGENCY OF NEED OF EACH OF
 THE SEVERAL TRANSPORTATION AND TRANSIT SYSTEMS INVOLVED, TO THE NEEDS OF
 ALL OF THE COMMUNITIES AND AREAS  SERVICED  BY  THESE  SYSTEMS,  TO  THE
 EXTENT TO WHICH OTHER CAPITAL AID OR ASSISTANCE MAY BE AVAILABLE TO EACH
 OF  THESE  SYSTEMS,  AND  TO  THE SAFETY, COMFORT AND CONVENIENCE OF ITS
 PASSENGERS. IN DETERMINING THE SOURCE OR METHOD  OF  FUNDING  WHICH  THE
 AUTHORITY IS TO USE TO FINANCE THE COST OF THE CAPITAL ELEMENTS INCLUDED
 IN  ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL, INSOFAR AS PRACTICA-
 BLE, GIVE CONSIDERATION, AMONG  OTHER  THINGS,  TO:  (A)  THE  POTENTIAL
 IMPACT  OF EACH SUCH SOURCE OR METHOD UPON THE LEVEL OF PASSENGER FARES;
 (B) THE RELATIVE COST OF THE SEVERAL FUNDING ALTERNATIVES; AND  (C)  THE
 RELATIVE  ABILITY  OF  EACH SOURCE OR METHOD TO PROVIDE FUNDING AT TIMES
 AND IN AMOUNTS ESTIMATED TO BE REQUIRED BY THE CAPITAL PROGRAM PLAN.  TO
 THE EXTENT FUNDING IS PROPOSED TO BE OBTAINED THROUGH THE  ISSUANCE  AND
 S. 2830                            166
 
 SALE  OF BONDS OR NOTES, THE AUTHORITY SHALL, INSOFAR AS PRACTICABLE AND
 CONSISTENT WITH THE MATTERS SET FORTH IN PARAGRAPHS (A), (B) AND (C)  OF
 THIS SUBDIVISION, GIVE PREFERENCE TO THE USE OF FUNDS APPROPRIATED OR TO
 BE APPROPRIATED TO THE AUTHORITY BY VIRTUE OF SERVICE CONTRACTS WITH THE
 DIRECTOR  OF  THE  BUDGET ENTERED INTO PURSUANT TO THE PROVISIONS OF THE
 TRANSPORTATION SYSTEMS ASSISTANCE AND FINANCING ACT OF 1981 FOR PURPOSES
 OF PAYING THE ANNUAL COST OF DEBT SERVICE FOR SUCH BONDS OR NOTES.
   13. ON OR BEFORE THE FOURTH FIRST OF OCTOBER SUCCEEDING THE  EFFECTIVE
 DATE  OF THIS SUBDIVISION, AND ON OR BEFORE OCTOBER FIRST OF EVERY FIFTH
 YEAR THEREAFTER, THE AUTHORITY SHALL SUBMIT TO THE  GOVERNOR  A  TWENTY-
 YEAR  CAPITAL  NEEDS  ASSESSMENT.  SUCH  ASSESSMENT SHALL BEGIN WITH THE
 PERIOD COMMENCING ON THE SECOND FIRST OF JANUARY AFTER SUCH  SUBMISSION,
 AND BEGIN EACH ASSESSMENT WITH EVERY FIFTH YEAR THEREAFTER, AND DESCRIBE
 CAPITAL  INVESTMENTS  OVER  THE SUCCEEDING TWENTY YEARS. SUCH ASSESSMENT
 SHALL: (A) SET FORTH BROAD LONG-TERM  CAPITAL  INVESTMENTS  TO  BE  MADE
 THROUGHOUT  THE  DISTRICT;  AND  (B) ESTABLISH A NON-BINDING BASIS TO BE
 USED BY THE AUTHORITY IN THE PLANNING OF STRATEGIC INVESTMENTS INVOLVING
 CAPITAL ELEMENTS IN ITS FIVE-YEAR CAPITAL PLANS. SUCH  ASSESSMENT  SHALL
 NOT  REQUIRE THE APPROVAL OF THE GOVERNOR AND SHALL BE FOR INFORMATIONAL
 PURPOSES ONLY. FOR PURPOSES OF THIS SECTION,  "BROAD  LONG-TERM  CAPITAL
 INVESTMENTS"  SHALL  INCLUDE  BUT  NOT BE LIMITED TO: SYSTEM REBUILDING,
 ENHANCEMENT, AND EXPANSION NEEDS; AGENCY NEEDS BROKEN  DOWN  BY  CAPITAL
 ELEMENT  OR INVESTMENT CATEGORY; AND PROJECTED FUTURE TRENDS AND NETWORK
 IMPLICATIONS. SUCH ASSESSMENT SHALL BE CERTIFIED BY THE  CHAIRPERSON  OF
 THE  AUTHORITY  AND  SHALL  BE  ENTERED INTO THE PERMANENT RECORD OF THE
 MINUTES OF THE REVIEW BOARD.
   § 1349-ZZZZ. SUBMISSION OF STRATEGIC OPERATION PLAN. 1. ON  OR  BEFORE
 THE  FIRST  OF  JULY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION,
 THE AUTHORITY SHALL SUBMIT TO THE GOVERNOR A  STRATEGIC  OPERATION  PLAN
 FOR THE COMMUTER RAILROAD SERVICES UNDER THE JURISDICTION OF THE AUTHOR-
 ITY  FOR  THE FIVE-YEAR PERIOD COMMENCING JANUARY FIRST OF THE FOLLOWING
 YEAR. THE PLAN MAY BE AMENDED AS REQUIRED BUT SHALL BE UPDATED AT  LEAST
 ANNUALLY.  THE  PLAN  SHALL  INCLUDE,  BUT  NEED  NOT BE LIMITED TO, THE
 FOLLOWING:
   (A) LONG-RANGE GOALS AND OBJECTIVES FOR THE OPERATION OF SERVICES  AND
 FACILITIES;
   (B)  PLANNED  SERVICE  AND  PERFORMANCE STANDARDS FOR EACH YEAR OF THE
 PERIOD COVERED BY THE PLAN; INCLUDING, IN SUCH PLAN SUBMITTED AFTER  THE
 FIRST  OF  JULY  NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION: (I)
 STANDARDS FOR DETERMINING FREQUENCY OF SERVICE AT PEAK  HOURS  AND  OFF-
 PEAK  HOURS;  (II) FREQUENCY OF SERVICE AT PEAK AND OFF-PEAK HOURS BASED
 ON THE APPLICATION OF SUCH STANDARDS TO THE CURRENT PERIOD FOR BUS ROUTE
 OR GROUP OF BUS ROUTES, AND COMMUTER RAIL LINES, DIVISIONS  OR  BRANCHES
 AS  APPROPRIATE; (III) PROJECTED PERFORMANCE FOR EACH BUS ROUTE OR GROUP
 OF BUS ROUTES, AND COMMUTER RAIL LINES, DIVISIONS OR BRANCHES AS  APPRO-
 PRIATE  AS  MEASURED  BY RELIABILITY INDICATORS COMMONLY UTILIZED WITHIN
 THE TRANSIT INDUSTRY, INCLUDING SUCH MEASURES AS PLANNED NUMBER OF VEHI-
 CLES WITH AIR CONDITIONING AND PROJECTED RELIABILITY OF SUCH  EQUIPMENT,
 PLANNED STANDARDS FOR CLEANLINESS OF THE INTERIOR AND EXTERIOR OF COMMU-
 TER  RAIL  CARS,  BUSES,  AND  PASSENGER STATIONS, AND OTHER APPROPRIATE
 MEASURES OF PLANNED PERFORMANCE INFLUENCING THE QUALITY OF SERVICES;
   (C) LEVEL AND STRUCTURE OF FARES PROJECTED FOR EACH YEAR OF THE PERIOD
 COVERED BY THE PLAN;
   (D) ESTIMATED OPERATING AND CAPITAL RESOURCES ANTICIPATED TO BE AVAIL-
 ABLE FROM INTERNAL SOURCES AS WELL AS FROM FEDERAL, STATE, REGIONAL  AND
 LOCAL SOURCES;
 S. 2830                            167
 
   (E) ESTIMATED OPERATING AND CAPITAL COSTS TO SATISFY PLANNED STANDARDS
 OF PERFORMANCE AND SERVICE;
   (F) STRATEGIES TO IMPROVE PRODUCTIVITY; CONTROL COST GROWTH; INTEGRATE
 AND  COORDINATE  THE  DELIVERY  OF SERVICES PROVIDED BY THE AUTHORITY AS
 WELL AS OTHER PUBLIC AND PRIVATE TRANSPORTATION PROVIDERS IN THE SERVICE
 AREA;
   (G) SPECIFIC ALLOCATION OF OPERATING AND CAPITAL RESOURCES BY MODE AND
 OPERATION, INCLUDING FUNDS, PERSONNEL, AND EQUIPMENT;
   (H) CONFIGURATION BY MODE, OPERATION AND ROUTE OF THE SERVICES  TO  BE
 PROVIDED  AND  THE  FACILITIES TO BE OPERATED, IDENTIFYING MAJOR PLANNED
 CHANGES IN SERVICES AND ROUTES; AND
   (I) IDENTIFICATION OF THE OPERATING AND CAPITAL COSTS AS  COMPARED  TO
 THE  REVENUES ANTICIPATED FROM SYSTEM USERS FOR THE COMMUTER TRANSPORTA-
 TION AUTHORITY.
   AN ANALYSIS OF  THE  RELATIONSHIP  BETWEEN  SPECIFIC  PLANNED  CAPITAL
 ELEMENTS CONTAINED IN APPROVED CAPITAL PROGRAM PLANS AND THE ACHIEVEMENT
 OF  PLANNED  SERVICE  AND  PERFORMANCE  STANDARDS.   SUCH ANALYSIS SHALL
 INCLUDE THE RELATIONSHIP OF SPECIFIC PLANNED  CAPITAL  ELEMENTS  TO  THE
 ACHIEVEMENT OF SUCH SERVICE AND PERFORMANCE STANDARDS FOR EACH BUS ROUTE
 OR GROUP OF BUS ROUTES, OR COMMUTER RAIL LINES, DIVISIONS OR BRANCHES AS
 APPROPRIATE.
   2. EACH ANNUAL UPDATE OF THE PLAN SHALL INCLUDE A STATUS REPORT SUMMA-
 RIZING  THE  EXTENT  TO  WHICH PLANNED SERVICE AND PERFORMANCE STANDARDS
 DEVELOPED FOR THE PREVIOUS YEAR WERE ACHIEVED, THE CAUSES OF ANY FAILURE
 TO ACHIEVE PROJECTED STANDARDS OF SERVICE, AND CORRECTIVE  MEASURES  THE
 AUTHORITY  INTENDS  TO TAKE TO AVOID NON-ACHIEVEMENT OF PROJECTED STAND-
 ARDS IN THE NEXT UPCOMING YEAR.
   3. THE COMMUTER TRANSPORTATION AUTHORITY SHALL TAKE INTO CONSIDERATION
 ANY PETITIONS FROM LOCAL OFFICIALS FOR IMPROVED SERVICES, INCLUDING  HOW
 THESE  SERVICE IMPROVEMENTS RELATE TO THE SERVICE AND PERFORMANCE STAND-
 ARDS DESCRIBED IN THIS SECTION, AND SHALL CONSULT WITH APPROPRIATE LOCAL
 OFFICIALS IN ITS PREPARATION AND PERIODIC UPDATES TO THE OPERATION PLAN.
   § 1349-AAAAA. FINANCIAL AND OPERATIONAL REPORTS. THE  AUTHORITY  SHALL
 SUBMIT  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE  ASSEMBLY,  NO  LATER  THAN  THIRTY  DAYS  FOLLOWING  THE
 SUBMISSION  OF  THE  ANNUAL INDEPENDENT AUDIT REPORT PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, A COMPLETE DETAILED REPORT  OR
 REPORTS  SETTING  FORTH,  TO  THE  EXTENT  SUCH  MATTERS  ARE  NOT FULLY
 ADDRESSED IN THE ANNUAL INDEPENDENT AUDIT REPORT, THE FOLLOWING:
   1. ITS FINANCIAL REPORTS, INCLUDING, BUT NOT LIMITED TO:
   (A) AUDITED FINANCIALS IN ACCORDANCE WITH ALL  APPLICABLE  REGULATIONS
 AND  FOLLOWING  GENERALLY  ACCEPTED  ACCOUNTING PRINCIPLES AS DEFINED IN
 SUBDIVISION TEN OF SECTION TWO OF THE STATE FINANCE LAW;
   (B) GRANT AND SUBSIDY PROGRAMS;
   (C) OPERATING AND FINANCIAL RISKS;
   (D) CURRENT RATINGS OF ITS BONDS ISSUED BY RECOGNIZED  MUNICIPAL  BOND
 RATING AGENCIES AND NOTICE CHANGES IN SUCH RATINGS; AND
   (E)  LONG-TERM  LIABILITIES,  INCLUDING  LEASES  AND  EMPLOYEE BENEFIT
 PLANS; AND
   2. AN ASSESSMENT OF THE EFFECTIVENESS OF ITS INTERNAL  CONTROL  STRUC-
 TURE AND PROCEDURES, INCLUDING, BUT NOT LIMITED TO:
   (A)  DESCRIPTIONS  OF  THE  AUTHORITY  AND ITS MAJOR UNITS AND SUBSID-
 IARIES;
   (B) THE NUMBER OF EMPLOYEES, AND MINORITY  AND  WOMEN  EMPLOYEES,  FOR
 EACH;
   (C) AN ORGANIZATIONAL CHART;
 S. 2830                            168
 
   (D) ITS CHARTER, IF ANY AND BY-LAWS;
   (E)  THE  EXTENT  OF  PARTICIPATION BY MINORITY AND WOMEN-OWNED ENTER-
 PRISES IN AUTHORITY CONTRACTS AND SERVICES IN  ACCORDANCE  WITH  ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW; AND
   (F)  A LISTING OF MATERIAL CHANGES IN INTERNAL OPERATIONS AND PROGRAMS
 DURING THE REPORTING YEAR.
   § 1349-BBBBB. MISSION  STATEMENT  AND  MEASUREMENT  REPORT.  1.    THE
 AUTHORITY  SHALL  SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE AND THE SPEAKER OF THE ASSEMBLY, ON OR BEFORE THE THIRTY-FIRST OF
 OCTOBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION,  A  PROPOSED
 AUTHORITY  MISSION  STATEMENT  AND  PROPOSED  MEASUREMENTS. THE PROPOSED
 MISSION STATEMENT AND PROPOSED MEASUREMENTS  SHALL  HAVE  THE  FOLLOWING
 COMPONENTS:  (A)  A  BRIEF  MISSION STATEMENT EXPRESSING THE PURPOSE AND
 GOALS OF THE AUTHORITY; (B) A DESCRIPTION OF  THE  STAKEHOLDERS  OF  THE
 AUTHORITY  AND  THEIR  REASONABLE EXPECTATIONS FROM THE AUTHORITY, WHICH
 STAKEHOLDERS SHALL INCLUDE AT A MINIMUM: (I) THE RESIDENTS AND TAXPAYERS
 OF THE AREA OF THE STATE SERVED BY THE AUTHORITY; (II) THE PERSONS  THAT
 USE  THE  SERVICES PROVIDED BY THE AUTHORITY; AND (III) THE EMPLOYEES OF
 THE AUTHORITY AND ANY  EMPLOYEE  ORGANIZATION;  (C)  THE  GOALS  OF  THE
 AUTHORITY  IN  RESPONSE  TO THE NEEDS OF EACH GROUP OF STAKEHOLDERS; AND
 (D) A LIST OF MEASURES BY WHICH PERFORMANCE OF  THE  AUTHORITY  AND  THE
 ACHIEVEMENT OF ITS GOALS MAY BE EVALUATED.
   2.  THE AUTHORITY SHALL THEREAFTER REEXAMINE ITS MISSION STATEMENT AND
 MEASUREMENTS ON AN ANNUAL BASIS, AND PUBLISH ON ITS WEBSITE SELF  EVALU-
 ATIONS BASED ON THE STATED MEASURES.
   § 1349-CCCCC. REQUIREMENTS FOR CERTAIN AUTHORITY CONTRACTS AND RELATED
 SUBCONTRACTS.  1. ANY CONTRACTOR OR SUBCONTRACTOR SUBJECT TO THE POSTING
 REQUIREMENTS OF PARAGRAPH  A  OF  SUBDIVISION  THREE-A  OF  SECTION  TWO
 HUNDRED  TWENTY OF THE LABOR LAW WITH RESPECT TO A PUBLIC WORKS CONTRACT
 OF THE AUTHORITY SHALL:
   (A) POST INFORMATION CONFORMING TO THE PROVISIONS OF  SUBDIVISION  TWO
 OF  THIS  SECTION  IN ONE OR MORE CONSPICUOUS PLACES AT EACH MAJOR WORK-
 PLACE SITE WHERE PERSONS WHO PERFORM WORK ON  THE  CONTRACT  OR  SUBCON-
 TRACT,  INCLUDING  MANAGEMENT,  ARE  MOST  LIKELY  TO SEE SUCH POSTINGS;
 PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED BY  THE  DISPLAYING  OF
 SUCH  INFORMATION WITH OTHER NOTICES THAT INFORM PERSONS OF RIGHTS UNDER
 FEDERAL OR STATE LAWS OR RULES, HUMAN RESOURCE POLICIES,  OR  COLLECTIVE
 BARGAINING AGREEMENTS;
   (B)  POST  INFORMATION CONFORMING TO THE PROVISIONS OF SUBDIVISION TWO
 OF THIS SECTION ON AN INTERNET AND INTRANET WEBSITE,  IF  ANY,  OF  THAT
 PERSON  OR BUSINESS ORGANIZATION; PROVIDED THAT, THIS REQUIREMENT MAY BE
 SATISFIED BY PROVIDING ON SUCH WEBSITE A CONSPICUOUS  HYPERLINK  TO  THE
 AUTHORITY  WEBSITE  MAINTAINED  PURSUANT  TO  SUBDIVISION  THREE OF THIS
 SECTION, WHICH HYPERLINK SHALL BE  LABELED  "PROTECTIONS  FOR  REPORTING
 FRAUD IN NEW YORK";
   (C)  DISTRIBUTE  INFORMATION  SPECIFIED  IN  SUBDIVISION  TWO  OF THIS
 SECTION TO THOSE PERSONS, INCLUDING EMPLOYEES AND MANAGERS, WHO  PERFORM
 WORK  ON  THE CONTRACT; PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED
 BY DISTRIBUTING SUCH INFORMATION IN AN EMPLOYEE HANDBOOK  OR  THROUGH  A
 SPECIFIC  ELECTRONIC COMMUNICATION CONTAINING THE INFORMATION TO A KNOWN
 ELECTRONIC MAIL ADDRESS MAINTAINED BY THE PERSON; AND
   (D) COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, AND PROVIDE TO THE
 AUTHORITY SATISFACTORY EVIDENCE OF SUCH COMPLIANCE, WITHIN NINETY DAYS.
   2. THE DISCLOSURES REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL:
   (A) PROVIDE THE TELEPHONE NUMBERS AND ADDRESSES TO REPORT  INFORMATION
 OF  FRAUD  OR  OTHER ILLEGAL ACTIVITY TO THE APPROPRIATE OFFICERS OF THE
 S. 2830                            169
 
 INSPECTOR GENERAL OF THE AUTHORITY  AND  THE  ATTORNEY  GENERAL  OF  THE
 STATE;
   (B)  DESCRIBE  IN  DETAIL  CONDUCT  PROHIBITED  BY SECTION ONE HUNDRED
 EIGHTY-NINE OF THE STATE FINANCE LAW,  AND  THE  ROLE  OF  THAT  ACT  IN
 PREVENTING AND DETECTING FRAUD AND ABUSE IN WORK PAID FOR BY THE AUTHOR-
 ITY OR WITH FUNDS ORIGINATING FROM THE AUTHORITY;
   (C)  NOTIFY  PROSPECTIVE  QUI  TAM PLAINTIFFS ON HOW TO FILE A QUI TAM
 ACTION, INCLUDING THE NECESSITY TO CONTACT PRIVATE  COUNSEL  SKILLED  IN
 FILING  SUCH  ACTIONS  AND  OF  THE  POTENTIAL  FOR CASH REWARDS IN SUCH
 ACTIONS BASED ON THE PERCENTAGE OF THE FUNDS RECOVERED  BY  THE  GOVERN-
 MENT; AND
   (D)  DESCRIBE PROHIBITIONS ON EMPLOYER RETALIATION AGAINST PERSONS WHO
 FILE OR ASSIST ACTIONS UNDER ARTICLE THIRTEEN OF THE STATE FINANCE  LAW,
 THE  NEW  YORK FALSE CLAIMS ACT, PURSUANT TO SECTION ONE HUNDRED NINETY-
 ONE OF THE STATE FINANCE LAW, OR WHO REPORT ILLEGAL CONDUCT THAT THREAT-
 ENS THE HEALTH OR SAFETY OF THE PUBLIC PURSUANT TO SECTION SEVEN HUNDRED
 FORTY OF THE LABOR LAW.
   3. NO LATER THAN FORTY-FIVE DAYS AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE AUTHORITY SHALL ESTABLISH AND CONTINUOUSLY MAINTAIN ON ITS
 PUBLIC WEBSITE AND ITS INTRANET SITE  A  PAGE  THAT  SHALL  PROVIDE  THE
 INFORMATION SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND THAT SHALL
 ALSO  PROVIDE  SAMPLE  STATEMENTS, DISPLAYS AND OTHER MATERIALS SUITABLE
 FOR INSERTION IN EMPLOYEE HANDBOOKS  OR  POSTING  AT  WORKPLACES  OR  ON
 WEBSITES THAT WOULD SATISFY THE DISCLOSURE REQUIREMENTS OF THIS SECTION.
   4. THE AUTHORITY SHALL NOT ENTER INTO ANY CONTRACT DESCRIBED IN SUBDI-
 VISION  ONE  OF THIS SECTION THAT DOES NOT INCORPORATE THE TERMS OF THIS
 SECTION.
   5. MATERIAL COMPLIANCE BY A COVERED PERSON  OR  BUSINESS  ORGANIZATION
 THAT  HAS  CONTRACTED  WITH THE AUTHORITY UNDER A CONTRACT THAT INCORPO-
 RATES THE TERMS OF THIS SECTION SHALL BE A MATERIAL CONDITION OF PAYMENT
 FOR THE PROVISION OF GOODS OR SERVICES.
   6. THE AUTHORITY IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS  AS
 ARE NECESSARY TO EFFECT THE PURPOSES OF THIS SECTION.
   §  1349-DDDDD.  RESERVE  FUNDS  AND  APPROPRIATIONS. THE AUTHORITY MAY
 CREATE AND ESTABLISH ONE OR MORE RESERVE FUNDS IN ACCORDANCE WITH AGREE-
 MENTS WITH BONDHOLDERS, NOTEHOLDERS OR THE HOLDERS OF OTHER  OBLIGATIONS
 OF  THE  AUTHORITY  AND  MAY PAY INTO SUCH RESERVE FUNDS: (A) ANY MONIES
 APPROPRIATED AND MADE AVAILABLE BY THE STATE FOR THE  PURPOSES  OF  SUCH
 FUNDS;  (B) ANY PROCEEDS OF SALE OF NOTES, BONDS OR OTHER OBLIGATIONS TO
 THE EXTENT PROVIDED IN THE RESOLUTION OF THE AUTHORITY  AUTHORIZING  THE
 ISSUANCE  THEREOF;  AND (C) ANY OTHER MONIES WHICH MAY BE MADE AVAILABLE
 TO THE AUTHORITY FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE  OR
 SOURCES.  IN  LIEU  THEREOF,  THE  AUTHORITY MAY PROVIDE FOR THE DEPOSIT
 THEREIN OF, OR SUBSTITUTE FOR MONIES ON DEPOSIT THEREIN, A LIQUIDITY  OR
 CREDIT FACILITY, SURETY BOND OR OTHER SIMILAR AGREEMENT.
   §  1349-EEEEE.  CONSOLIDATED FINANCINGS. 1. NOTWITHSTANDING ANY INCON-
 SISTENT PROVISIONS OF THIS OR ANY OTHER LAW, GENERAL, SPECIAL OR  LOCAL,
 THE  AUTHORITY  MAY  ISSUE  ITS  NOTES,  BONDS  AND OTHER OBLIGATIONS TO
 FINANCE TRANSPORTATION FACILITIES UTILIZING A CONSOLIDATED PLEDGE OF ALL
 OR ANY PORTION OF THE REVENUES  AND  OTHER  MONIES  AND  ASSETS  OF  THE
 AUTHORITY  AND  ITS  SUBSIDIARIES,  TOGETHER WITH THOSE OTHER SOURCES OF
 PAYMENT DESCRIBED IN THIS  SECTION.  IN  CONNECTION  THEREWITH,  AT  ITS
 DISCRETION,  THE  AUTHORITY,  SUBJECT  TO  THE  RIGHTS OF THE HOLDERS OF
 NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY, AND THE METROPOLITAN
 TRANSPORTATION AUTHORITY, MAY DEPOSIT OR CAUSE TO BE DEPOSITED INTO  ONE
 OR  MORE  FUNDS  AND  ACCOUNTS:  (A) ALL OR ANY PORTION OF THE REVENUES,
 S. 2830                            170
 
 OTHER MONIES AND ASSETS RECEIVED BY THE AUTHORITY AND ITS  SUBSIDIARIES;
 (B)  ALL  OR  ANY  PORTION OF THE AMOUNTS FROM THE OPERATING AND CAPITAL
 COSTS ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY DEDICATED TAX
 FUND REQUIRED TO BE DISTRIBUTED TO THE AUTHORITY UNDER THE PROVISIONS OF
 SECTION TWELVE HUNDRED SEVENTY-C OF THIS ARTICLE; (C) ALL OR ANY PORTION
 OF  THE  AVAILABLE MONIES IN THE COMMUTER RAILROAD ACCOUNT OF THE METRO-
 POLITAN TRANSPORTATION AUTHORITY  SPECIAL  ASSISTANCE  FUND  ESTABLISHED
 UNDER THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-A OF THIS ARTICLE
 AVAILABLE  FOR PAYMENT OF OPERATING AND CAPITAL COSTS OF THE LONG ISLAND
 RAIL ROAD COMPANY AND  THE  METRO-NORTH  COMMUTER  RAILROAD  COMPANY  AS
 PROVIDED  IN  SUBDIVISION  THREE  OF SECTION TWELVE HUNDRED SEVENTY-A OF
 THIS ARTICLE; AND (D) ANY OTHER MONIES OF THE AUTHORITY AND ITS  SUBSID-
 IARIES FROM ANY SOURCE WHATSOEVER.
   2. AMOUNTS SO DEPOSITED IN SUCH FUNDS OR ACCOUNTS MAY BE:  (A) PLEDGED
 BY THE AUTHORITY TO SECURE, AND BE APPLIED TO, THE PAYMENT OF ITS BONDS,
 NOTES  OR  OTHER OBLIGATIONS ISSUED TO FINANCE TRANSPORTATION FACILITIES
 UNDERTAKEN FOR THE AUTHORITY AND ITS  SUBSIDIARIES;  AND  (B)  USED  FOR
 PAYMENT  OF  OPERATING COSTS, AND CAPITAL COSTS, INCLUDING DEBT SERVICE,
 RESERVE REQUIREMENTS, IF ANY, THE  PAYMENT  OF  AMOUNTS  REQUIRED  UNDER
 BONDS,  NOTES  OR  OTHER  FINANCING  FACILITIES  OR  AGREEMENTS, AND THE
 PAYMENT OF ALL COSTS RELATED TO SUCH OBLIGATIONS, OF OR FOR THE AUTHORI-
 TY AND ITS SUBSIDIARIES AS THE AUTHORITY IN ITS  FULL  DISCRETION  SHALL
 DETERMINE.  TO  THE  EXTENT MONEYS SO DEPOSITED HAVE BEEN PLEDGED BY THE
 AUTHORITY TO SECURE AND PAY ITS BONDS, NOTES  OR  OTHER  OBLIGATIONS  AS
 HEREIN  PROVIDED,  SUCH  MONEYS  SHALL  FIRST  BE APPLIED TO SATISFY THE
 REQUIREMENTS OF ANY DEBT SERVICE OR RESERVE REQUIREMENTS OF  THE  RESOL-
 UTION  OR RESOLUTIONS OR OTHER CONTRACTUAL ARRANGEMENTS AUTHORIZING SUCH
 BONDS, NOTES OR OTHER OBLIGATIONS. AFTER SATISFACTION OF  SUCH  REQUIRE-
 MENTS OF ANY SUCH RESOLUTION, RESOLUTIONS, OR OTHER CONTRACTUAL ARRANGE-
 MENTS OR IF THE AUTHORITY HAS NOT SO PLEDGED SUCH MONEYS, SUCH MONEYS SO
 DEPOSITED,  SUBJECT  TO  THE  PROVISIONS  OF  ANY  OTHER  RESOLUTIONS OR
 CONTRACTUAL ARRANGEMENTS OF THE AUTHORITY APPLICABLE PROVISIONS OF  LAW,
 MAY  BE  TRANSFERRED  TO  OR  FOR  THE  BENEFIT OF THE AUTHORITY AND ITS
 SUBSIDIARIES. REVENUES AND OTHER MONIES OF THE AUTHORITY AND ITS SUBSID-
 IARIES WHICH ARE DEPOSITED IN THE FUNDS OR ACCOUNTS AUTHORIZED  BY  THIS
 SECTION, AS REDUCED BY ANY APPLICATION OF SUCH REVENUES OR MONIES TO THE
 PAYMENT  OF  DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY, AND OTHER COSTS
 ATTRIBUTABLE TO THE FUNDING OF THE CAPITAL COSTS OF SUCH  ENTITY,  SHALL
 BE  ALLOCATED, CREDITED AND DISTRIBUTED TO SUCH SOURCE ENTITY. ANY OTHER
 REVENUES OR MONIES WHICH ARE DEPOSITED IN THE FUNDS OR ACCOUNTS  AUTHOR-
 IZED  BY  THIS SECTION WHICH ARE REQUIRED BY LAW TO BE ALLOCATED OR PAID
 TO THE AUTHORITY OR ITS SUBSIDIARIES SHALL BE ALLOCATED OR PAID  TO  THE
 ENTITY  TO  WHICH  IT  IS  REQUIRED TO BE ALLOCATED OR PAID BY LAW AFTER
 REDUCTION BY AN AMOUNT EQUAL TO  THE  PORTION  THEREOF  APPLIED  TO  THE
 PAYMENT  OF  DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY, AND OTHER COSTS
 ATTRIBUTABLE TO THE FUNDING OF THE CAPITAL COSTS OF  SUCH  ENTITY.    IN
 DETERMINING  THE  AMOUNT  OF DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY,
 AND OTHER COSTS ATTRIBUTABLE TO THE AUTHORITY AND ITS  SUBSIDIARIES  THE
 AUTHORITY  SHALL  MAKE SUCH CALCULATION BASED UPON THE PERCENTAGE OF THE
 PROCEEDS OF THE BONDS, NOTES AND  OTHER  OBLIGATIONS  EXPENDED  FOR  THE
 CAPITAL  COSTS  ATTRIBUTABLE  TO  EACH  SUCH  ENTITY.  THE AUTHORITY MAY
 UTILIZE ANY INTERIM ALLOCATION  OF  SUCH  DISTRIBUTIONS,  PROVIDED  THAT
 WITHIN  NINETY  DAYS  AFTER THE END OF EACH CALENDAR YEAR, THE AUTHORITY
 SHALL CERTIFY TO THE DIRECTOR OF THE  BUDGET,  THE  CHAIRPERSON  OF  THE
 SENATE  FINANCE  COMMITTEE  AND THE CHAIRPERSON OF THE ASSEMBLY WAYS AND
 MEANS COMMITTEE, THAT THE AGGREGATE AMOUNT OF MONIES TRANSFERRED TO EACH
 S. 2830                            171
 
 OF THE AUTHORITY AND ITS SUBSIDIARIES IN RESPECT OF SUCH CALENDAR  YEAR,
 TAKING  INTO ACCOUNT ANY INTERAGENCY REPAYMENTS OR REIMBURSEMENTS ANTIC-
 IPATED TO BE MADE IN THE NEXT SUCCEEDING CALENDAR YEAR, IS NOT LESS THAN
 THE AMOUNTS REQUIRED TO BE PAID OR TRANSFERRED TO SUCH ENTITIES.
   §  1349-FFFFF.  REGULATION  OF  CERTAIN  AUTHORITY EXPENDITURES.   THE
 AUTHORITY SHALL IMPLEMENT POLICIES AS  APPROPRIATE  TO  MINIMIZE  UNWAR-
 RANTED  EXPENSES  AND  TO PROTECT AGAINST ABUSES IN CONNECTION WITH: (A)
 THE GRANTING OF ANY PRIVILEGES OR BENEFITS HAVING FINANCIAL VALUE, OTHER
 THAN WAGE PAYMENTS OR EXPENSE REIMBURSEMENTS, TO MEMBERS OR STAFF OF THE
 AUTHORITY, OR ANY SUBSIDIARY OR OTHER AUTHORITY CREATED BY THE  AUTHORI-
 TY;  AND  (B)  THE FULL-TIME AND PART-TIME ASSIGNMENT AND USE OF AUTOMO-
 BILES OWNED OR LEASED BY THE  AUTHORITY,  OR  ANY  SUBSIDIARY  OR  OTHER
 AUTHORITY  CREATED  BY THE AUTHORITY, AND THE USE BY AUTHORITY EMPLOYEES
 AND BOARD MEMBERS OF LIVERY VEHICLES, AS DEFINED IN SECTION ONE  HUNDRED
 TWENTY-ONE-E OF THE VEHICLE AND TRAFFIC LAW.
   §  1349-GGGGG. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO
 AND AGREE WITH THE AUTHORITY AND ITS SUBSIDIARIES, AND  THE  HOLDERS  OF
 ANY  NOTES,  BONDS  OR  OTHER  OBLIGATIONS, INCLUDING LEASE OBLIGATIONS,
 ISSUED OR INCURRED UNDER THIS TITLE, THAT THE STATE WILL  NOT  LIMIT  OR
 ALTER THE DENIAL OF AUTHORITY UNDER SUBDIVISION NINE OF SECTION THIRTEEN
 HUNDRED  FORTY-NINE-XXXX  OF THIS TITLE, OR THE RIGHTS AND POWERS VESTED
 IN THE AUTHORITY AND ITS SUBSIDIARIES, BY  THIS  TITLE  TO  FULFILL  THE
 TERMS OF ANY AGREEMENTS MADE BY ANY OF THEM WITH THE HOLDERS THEREOF, OR
 IN  ANY  WAY  IMPAIR  THE RIGHTS AND REMEDIES OF SUCH HOLDERS UNTIL SUCH
 NOTES, BONDS OR OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS, TOGETHER
 WITH THE INTEREST THEREON, WITH INTEREST ON ANY UNPAID  INSTALLMENTS  OF
 INTEREST,  AND  ALL  COSTS  AND  EXPENSES FOR WHICH THE AUTHORITY OR ITS
 SUBSIDIARIES IS LIABLE IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR
 ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND DISCHARGED.  THE  AUTHORITY
 AND  ITS  SUBSIDIARIES  ARE  EACH  AUTHORIZED TO INCLUDE THIS PLEDGE AND
 AGREEMENT OF THE STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH  NOTES,
 BONDS OR OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS.
   §  1349-HHHHH. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITH-
 STANDING AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION  OF  BONDS
 WHICH  MAY  BE  CONTAINED IN ANY CONTRACT WITH THE HOLDERS OF THE BONDS,
 THE STATE MAY, UPON FURNISHING SUFFICIENT FUNDS  THEREFOR,  REQUIRE  THE
 AUTHORITY  TO  REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS
 ON ANY INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER  THE  DATE
 OF  THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR FACE
 VALUE AND ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS  MAY  BE
 PROVIDED  IN  THE  BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON
 THE REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN  AT
 LEAST  TWO  NEWSPAPERS  PUBLISHING  AND  CIRCULATING RESPECTIVELY IN THE
 CITIES OF ALBANY AND NEW YORK AT LEAST TWICE, THE FIRST  PUBLICATION  TO
 BE AT LEAST THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
   §  1349-IIIII.  REMEDIES  OF  NOTEHOLDERS AND BONDHOLDERS. 1.   IN THE
 EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR
 INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
 WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT  SHALL
 CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
 SHALL  FAIL  OR  REFUSE  TO  COMPLY WITH THE PROVISIONS OF THIS TITLE OR
 SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS  OF  ANY  ISSUE  OF
 NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
 CIPAL  AMOUNT  OF  THE NOTES OR BONDS OF SUCH ISSUE THEN OUTSTANDING, BY
 INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
 IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
 S. 2830                            172
 
 EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
 TO REPRESENT THE HOLDERS OF SUCH NOTES OR BONDS FOR THE PURPOSES  HEREIN
 PROVIDED.
   2.  SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
 TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT  OF  SUCH  NOTES  OR  BONDS  THEN
 OUTSTANDING SHALL, IN HIS OR HER OWN NAME:
   (A)  BY  SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
 TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS  OR  BONDHOLD-
 ERS,  INCLUDING  THE  RIGHT  TO  REQUIRE THE AUTHORITY TO COLLECT FARES,
 TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT  ANY
 AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
 ES  AND  OTHER  FEES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
 AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND  TO  PERFORM  ITS
 DUTIES UNDER THIS TITLE;
   (B) BRING SUIT UPON SUCH NOTES OR BONDS;
   (C)  BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
 THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
   (D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
 OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF  SUCH  NOTES  OR  BONDS;
 AND/OR
   (E)  DECLARE  ALL  SUCH  NOTES  OR  BONDS  DUE AND PAYABLE, AND IF ALL
 DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF  THE  HOLDERS  OF
 TWENTY-FIVE  PER  CENTUM  OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS
 THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
   3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING  HAVE  AND  POSSESS
 ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
 TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
 TATION  OF  BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND PROTECTION
 OF THEIR RIGHTS.
   4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY  SUIT,  ACTION  OR
 PROCEEDING  BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.
 THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE  LAID  IN  THE
 COUNTY  IN  WHICH  THE INSTRUMENT OR INSTRUMENTS ARE FILED IN ACCORDANCE
 WITH SUBDIVISION ONE OF THIS SECTION.
   5. BEFORE DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE  AND  PAYABLE,
 THE  TRUSTEE  SHALL  FIRST  GIVE  THIRTY  DAYS' NOTICE IN WRITING TO THE
 GOVERNOR, TO THE AUTHORITY, TO  THE  COMPTROLLER  AND  TO  THE  ATTORNEY
 GENERAL OF THE STATE.
   § 1349-JJJJJ. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS
 OF THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS
 AND  BODIES  OF  THE STATE AND ALL MUNICIPALITIES AND POLITICAL SUBDIVI-
 SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRY-
 ING ON AN INSURANCE  BUSINESS,  ALL  BANKS,  BANKERS,  TRUST  COMPANIES,
 SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
 CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
 PERSONS  CARRYING  ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS,
 EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
 EVER WHO ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST  IN  BONDS
 OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
 INCLUDING  CAPITAL IN THEIR CONTROL OR BELONGING TO THEM.  NOTWITHSTAND-
 ING ANY OTHER PROVISIONS OF LAW, THE BONDS OF  THE  AUTHORITY  ARE  ALSO
 HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED
 BY  ALL  PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICIPALITIES
 AND POLITICAL SUBDIVISIONS FOR ANY PURPOSE  FOR  WHICH  THE  DEPOSIT  OF
 BONDS  OR  OTHER  OBLIGATIONS  OF  THE  STATE IS NOW OR MAY HEREAFTER BE
 AUTHORIZED.
 S. 2830                            173
 
   § 1349-KKKKK. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND,  DETERMINED
 AND  DECLARED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF
 ITS PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF  THE  PEOPLE  OF  THE
 STATE  OF  NEW YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND
 PROSPERITY  AND  IS  A  PUBLIC  PURPOSE,  AND THAT THE AUTHORITY WILL BE
 PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN  THE  EXERCISE  OF  THE
 POWERS  CONFERRED UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY
 OF THE FOLLOWING PROVISIONS OF  THIS  SECTION,  PROPERTY  OWNED  BY  THE
 AUTHORITY,  PROPERTY LEASED BY THE AUTHORITY AND USED FOR TRANSPORTATION
 PURPOSES, AND PROPERTY USED FOR TRANSPORTATION PURPOSES BY  OR  FOR  THE
 BENEFIT  OF  THE  AUTHORITY  EXCLUSIVELY PURSUANT TO THE PROVISIONS OF A
 JOINT SERVICE ARRANGEMENT OR OF A JOINT FACILITIES AGREEMENT OR TRACKAGE
 RIGHTS AGREEMENT SHALL ALL BE EXEMPT FROM TAXATION AND SPECIAL AD  VALO-
 REM  LEVIES.  THE  AUTHORITY  SHALL BE REQUIRED TO PAY NO FEES, TAXES OR
 ASSESSMENTS, WHETHER STATE OR LOCAL, INCLUDING BUT NOT LIMITED TO  FEES,
 TAXES  OR  ASSESSMENTS  ON  REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR
 OTHER EXCISE TAXES, UPON ANY OF ITS PROPERTY, OR UPON THE  USE  THEREOF,
 OR  UPON  ITS ACTIVITIES IN THE OPERATION AND MAINTENANCE OF ITS FACILI-
 TIES OR ON ANY FARES, TOLLS, RENTALS,  RATES,  CHARGES  OR  OTHER  FEES,
 REVENUES  OR OTHER INCOME RECEIVED BY THE AUTHORITY AND THE BONDS OF THE
 AUTHORITY AND THE INCOME THEREFROM SHALL AT ALL  TIMES  BE  EXEMPT  FROM
 TAXATION,  EXCEPT FOR GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS. THIS
 SECTION SHALL CONSTITUTE A COVENANT AND AGREEMENT WITH  THE  HOLDERS  OF
 ALL  BONDS ISSUED BY THE AUTHORITY. THE TERMS "TAXATION" AND "SPECIAL AD
 VALOREM LEVY" SHALL HAVE THE SAME MEANINGS AS  DEFINED  IN  SECTION  ONE
 HUNDRED  TWO  OF  THE REAL PROPERTY TAX LAW AND THE TERM "TRANSPORTATION
 PURPOSES" SHALL HAVE THE SAME MEANING AS USED IN TITLES TWO-A AND  TWO-B
 OF ARTICLE FOUR OF SUCH LAW.
   §  1349-LLLLL. ACTIONS AGAINST THE AUTHORITY. 1. AS A CONDITION TO THE
 CONSENT OF THE STATE TO SUCH  SUITS  AGAINST  THE  AUTHORITY,  IN  EVERY
 ACTION  AGAINST  THE  AUTHORITY  FOR  DAMAGES,  FOR  INJURIES TO REAL OR
 PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL  INJU-
 RIES  OR  DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST
 THIRTY DAYS HAVE ELAPSED SINCE THE DEMAND, CLAIM OR  CLAIMS  UPON  WHICH
 SUCH  ACTION  IS  FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY OR
 OTHER OFFICER DESIGNATED FOR SUCH PURPOSE AND  THAT  THE  AUTHORITY  HAS
 NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
   2.  AN  ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT AN ACTION
 FOR WRONGFUL DEATH, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND NINETY
 DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A
 NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE  TIME
 LIMITED  BY  AND  IN  COMPLIANCE  WITH  ALL  THE REQUIREMENTS OF SECTION
 FIFTY-E OF THE GENERAL MUNICIPAL LAW. AN ACTION  AGAINST  THE  AUTHORITY
 FOR  WRONGFUL  DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF
 CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE  OF
 THIS CHAPTER.
   3.  THE  AUTHORITY  SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
 THE EXTENT THAT IT SHALL SAVE HARMLESS ANY  DULY  APPOINTED  OFFICER  OR
 EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
 EE,  IN  THE  OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
 OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF  THE  AUTHORITY
 IN  THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
 TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF,  WHILE  OTHERWISE
 ACTING  IN  THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
 HIS EMPLOYMENT.
 S. 2830                            174
 
   4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT  AN
 ACCOUNT  OR  CLAIM  FOR  ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
 SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER  OR  EMPLOYEE  OF
 THE  AUTHORITY  DESIGNATED  FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
 CLAIM  AND  WHEN  SO  SWORN TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO
 SUCH ACCOUNT OR CLAIM. THE AUTHORITY  SHALL  HAVE  POWER  TO  SETTLE  OR
 ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
   5.  THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
 FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
   6. THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT  FOR
 SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
 OF  THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION OF
 THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION  AS  IF
 SUCH  SUBSIDIARY  CORPORATION  WERE  SEPARATELY  NAMED HEREIN, PROVIDED,
 HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY WHICH IS A STOCK
 CORPORATION SHALL NOT BE SUBJECT  TO  THE  PROVISIONS  OF  THIS  SECTION
 EXCEPT  WITH  RESPECT TO THOSE CAUSES OF ACTION ARISING ON AND AFTER THE
 FIRST DAY OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR MONTH IN
 WHICH SUCH STOCK CORPORATION BECOMES A  SUBSIDIARY  CORPORATION  OF  THE
 AUTHORITY.
   §  1349-MMMMM. ANNUAL AUDIT OF THE AUTHORITY. 1. THE COMPTROLLER SHALL
 CONDUCT AN ANNUAL AUDIT OF THE BOOKS AND RECORDS OF  THE  AUTHORITY  AND
 ITS  SUBSIDIARY  CORPORATIONS.  SUCH  AUDIT SHALL INCLUDE A COMPLETE AND
 THOROUGH EXAMINATION OF SUCH AUTHORITY'S RECEIPTS, DISBURSEMENTS, REVEN-
 UES AND EXPENSES DURING THE PRIOR FISCAL YEAR  IN  ACCORDANCE  WITH  THE
 CATEGORIES  OR CLASSIFICATIONS ESTABLISHED BY SUCH AUTHORITY FOR ITS OWN
 OPERATING AND CAPITAL OUTLAY PURPOSES; ASSETS AND LIABILITIES AT THE END
 OF ITS LAST FISCAL YEAR INCLUDING THE STATUS OF  RESERVE,  DEPRECIATION,
 SPECIAL  OR OTHER FUNDS AND INCLUDING THE RECEIPTS AND PAYMENTS OF THESE
 FUNDS; SCHEDULE OF BONDS AND NOTES OUTSTANDING AT THE END OF ITS  FISCAL
 YEAR  AND  THEIR  REDEMPTION  DATES,  TOGETHER  WITH  A STATEMENT OF THE
 AMOUNTS REDEEMED AND INCURRED DURING SUCH FISCAL YEAR; OPERATIONS,  DEBT
 SERVICE AND CAPITAL CONSTRUCTION DURING THE PRIOR FISCAL YEAR.
   2.  THE COMPTROLLER, UPON COMPLETION OF SUCH AUDIT, SHALL WITHIN SIXTY
 DAYS THEREAFTER, REPORT TO THE GOVERNOR AND THE LEGISLATURE HIS  OR  HER
 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS THEREOF.
   §  1349-NNNNN.  AUTHORITY BUDGET AND FINANCIAL PLAN. 1. IN ADDITION TO
 THE REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED TWO  OF  THIS  CHAPTER,
 EACH AUTHORITY BUDGET AND PLAN SHALL BE POSTED ON ITS WEBSITE AND SHALL:
 (A)  PRESENT INFORMATION RELATING TO THE AUTHORITY AND EACH OF ITS AGEN-
 CIES IN A CLEAR AND CONSISTENT MANNER AND FORMAT;  (B)  BE  PREPARED  IN
 ACCORDANCE  WITH  GENERALLY  ACCEPTED  ACCOUNTING  PRINCIPLES, EXCEPT AS
 OTHERWISE CONSENTED TO BY THE COMPTROLLER UPON GOOD CAUSE SHOWN; (C)  BE
 BASED  ON  REASONABLE ASSUMPTIONS AND METHODS OF ESTIMATION; (D) INCLUDE
 ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES; (E) IDENTIFY ANY
 PLANNED TRANSACTION THAT WOULD SHIFT RESOURCES, FROM  ANY  SOURCE,  FROM
 ONE  FISCAL  YEAR  TO  ANOTHER,  AND THE AMOUNT OF ANY RESERVES; AND (F)
 CONTAIN A SUMMARY IN PLAIN ENGLISH OF THE PRINCIPAL INFORMATION  IN  THE
 BUDGET AND CONCLUSIONS TO BE DRAWN FROM IT.
   2.   THE  AUTHORITY  SHALL  PREPARE  AND  MAKE  AVAILABLE  FOR  PUBLIC
 INSPECTION ON ITS WEBSITE INFORMATION THAT DETAILS THE SOURCES  OF  DATA
 AND  THE  ASSUMPTIONS  AND  METHODS  OF ESTIMATION USED TO CALCULATE ALL
 OPERATING AND CAPITAL  BUDGET  PROJECTIONS,  CONSISTENT  WITH  GENERALLY
 ACCEPTED BUDGETARY PRACTICES.
   3.  THE  AUTHORITY  SHALL  ESTABLISH  AT  LEAST ANNUALLY THE QUARTERLY
 REVENUE AND EXPENSE TARGETS FOR THE AUTHORITY, AND FOR  EACH  SUBSIDIARY
 S. 2830                            175

 OR  OTHER  AUTHORITY  CREATED  BY  THE AUTHORITY ITSELF AND FOR WHICH IT
 REPORTS FINANCIAL DATA.
   4.   THE  AUTHORITY  SHALL  PREPARE  AND  MAKE  AVAILABLE  FOR  PUBLIC
 INSPECTION ON ITS WEBSITE: (A) WITHIN SIXTY DAYS OF THE RELEASE  OF  THE
 ADOPTED  BUDGET  AND  ANY UPDATES TO THE BUDGET, EXCEPT UPDATES RELEASED
 WITHIN NINETY DAYS OF THE CLOSE OF THE FISCAL YEAR, MONTHLY  PROJECTIONS
 FOR  THE  CURRENT FISCAL YEAR OF ALL REVENUES AND EXPENSES, STAFFING FOR
 THE AUTHORITY AND EACH OF ITS AGENCIES, AND UTILIZATION FOR EACH OF  THE
 AUTHORITY'S  AGENCIES  THAT  OPERATE  TRANSPORTATION  SYSTEMS, INCLUDING
 BRIDGES AND TUNNELS; (B) WITHIN SIXTY DAYS AFTER THE CLOSE OF EACH QUAR-
 TER, A COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL  STAFFING  AND
 ACTUAL  UTILIZATION  TO  PLANNED  OR  PROJECTED  LEVELS  FOR EACH OF THE
 AUTHORITY'S AGENCIES  THAT  OPERATE  TRANSPORTATION  SYSTEMS,  INCLUDING
 BRIDGES  AND  TUNNELS, WITH AN EXPLANATION OF EACH MATERIAL VARIANCE AND
 ITS BUDGETARY IMPACT; AND (C) WITHIN NINETY DAYS AFTER THE CLOSE OF EACH
 QUARTER, THE STATUS OF EACH  GAP-CLOSING  INITIATIVE  WITH  A  PROJECTED
 VALUE  GREATER  THAN  ONE  MILLION DOLLARS IN ANY GIVEN FISCAL YEAR; THE
 STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED
 TO COMMITMENTS, EXPENDITURES AND  COMPLETIONS;  AND  AN  EXPLANATION  OF
 MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS.
   5.  FINANCIAL  INFORMATION  REQUIRED  TO BE SUBMITTED BY THE AUTHORITY
 PURSUANT TO PARAGRAPHS (D) AND (E) OF SUBDIVISION ONE OF  SECTION  THIR-
 TEEN  HUNDRED  FORTY-NINE-AAAAA  OF  THIS  TITLE SHALL BE PRESENTED IN A
 FORMAT CONSISTENT WITH THE BUDGET AND PLAN, IN DOWNLOADABLE,  SEARCHABLE
 FORMAT.
   §  1349-OOOOO.  INDEPENDENT  AUDIT  OF  THE AUTHORITY. THE INDEPENDENT
 AUDITOR RETAINED BY THE AUTHORITY SHALL NOT PROVIDE  TO  THE  AUTHORITY,
 CONTEMPORANEOUSLY  WITH  THE  AUDIT  UNLESS  IT  SHALL  HAVE  PREVIOUSLY
 RECEIVED WRITTEN APPROVAL BY THE AUDIT COMMITTEE ANY NON-AUDIT  SERVICE,
 INCLUDING:
   1. ROUTINE BOOKKEEPING OR OTHER SERVICES;
   2. FINANCIAL INFORMATION SYSTEMS DESIGN AND IMPLEMENTATION;
   3.  APPRAISAL  OR  VALUATION SERVICES, FAIRNESS OPINIONS, OR CONTRIBU-
 TION-IN-KIND REPORTS;
   4. ACTUARIAL SERVICES;
   5. OUTSOURCING SERVICES;
   6. AUTHORITY MANAGEMENT FUNCTIONS OR HUMAN RESOURCES;
   7.  BROKER  OR  DEALER,  INVESTMENT  ADVISOR  OR  INVESTMENT   BANKING
 SERVICES;
   8. LEGAL SERVICES AND EXPERT SERVICES UNRELATED TO THE AUDIT.
   §   1349-PPPPP.  INDEPENDENT  AUDIT  BY  THE  LEGISLATURE.  AFTER  THE
 SUBMISSION OF THE ANNUAL INDEPENDENT AUDIT  REPORT  TO  THE  LEGISLATURE
 PURSUANT  TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, AND AFTER
 REVIEW OF SUCH REPORT, THE TEMPORARY PRESIDENT OF  THE  SENATE  AND  THE
 SPEAKER  OF  THE  ASSEMBLY  MAY  COMMISSION  AN AUDITING FIRM, EVERY TWO
 YEARS, TO CONDUCT AN INDEPENDENT AUDIT OF THE AUTHORITY,  INCLUDING  ITS
 SUBSIDIARIES.   THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY SHALL SET THE SCOPE OF SUCH AUDIT, AND DETERMINE THE  TERMS
 OF  THE  REQUEST  FOR  PROPOSAL  FOR  SUCH  AUDIT.  SUCH  AUDIT SHALL BE
 PERFORMED FOR THE SECOND YEAR AFTER THE EFFECTIVE DATE OF THIS  SECTION.
 THE AUTHORITY SHALL FULLY COOPERATE WITH AND ASSIST IN SUCH AN AUDIT.
   § 1349-QQQQQ. REPORTING. THE AUTHORITY SHALL POST ON ITS WEBSITE ON OR
 BEFORE  THE  FIRST OF MAY, THE LAW FIRMS RETAINED BY THE AUTHORITY WHICH
 IN THE PAST YEAR RECEIVED PAYMENT FOR SERVICES IN SUCH YEAR.
   § 1349-RRRRR. STATION OPERATION AND MAINTENANCE. 1. (A) THE OPERATION,
 MAINTENANCE AND USE OF PASSENGER STATIONS SHALL BE  PUBLIC  PURPOSES  OF
 S. 2830                            176
 
 THE  CITY  OF  NEW  YORK AND THE COUNTIES WITHIN THE DISTRICT. THE TOTAL
 COST TO THE AUTHORITY AND EACH OF ITS SUBSIDIARY CORPORATIONS OF  OPERA-
 TION,  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.
   (I) THE TOTAL PAYMENT AMOUNT TO BE BILLED BY  THE  AUTHORITY  FOR  THE
 OPERATION, 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
 
   (II) 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. EACH YEAR, THE AUTHORITY, THE CITY OF NEW YORK AND THE COUNTIES  OF
 NASSAU,  SUFFOLK,  WESTCHESTER,  DUTCHESS,  PUTNAM, ORANGE, AND ROCKLAND
 MAY, AFTER HAVING REACHED AN AGREEMENT,  RECOMMEND  TO  THE  LEGISLATURE
 MODIFICATIONS TO THE AMOUNTS SET FORTH IN THIS SECTION BASED UPON CHANG-
 ES MADE TO COMMUTER SERVICES INCLUDING BUT NOT LIMITED TO CHANGES IN THE
 NUMBER OF PASSENGER STATIONS WITHIN SUCH COUNTIES OR THE LEVEL OF COMMU-
 TER  RAIL  SERVICE  PROVIDED  TO  ANY  SUCH  PASSENGER STATIONS. FAILURE
 S. 2830                            177
 
 BETWEEN THE AUTHORITY AND BETWEEN THE COUNTIES 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  RECOM-
 MENDATION TO THE GOVERNOR AND THE LEGISLATURE 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 CHAIRPERSON SHALL DESIGNATE SHALL CERTI-
 FY  TO  THE  STATE COMPTROLLER THE AMOUNT DUE AND OWING THE AUTHORITY AT
 THE END OF THE STATE FISCAL YEAR AND THE STATE COMPTROLLER  SHALL  WITH-
 HOLD  AN  EQUIVALENT AMOUNT FROM THE NEXT SUCCEEDING STATE AID ALLOCATED
 TO SUCH COUNTY OR CITY FROM THE MOTOR FUEL TAX  AND  THE  MOTOR  VEHICLE
 REGISTRATION  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:  (I)  PRIOR  TO  WITHHOLDING AMOUNTS DUE THE AUTHORITY FROM
 SUCH COUNTY OR CITY, 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 PURSUANT TO THE  PROVISIONS  OF  THE  CITY  UNIVERSITY
 CONSTRUCTION  FUND  ACT;  THE  NEW  YORK CITY HOUSING DEVELOPMENT CORPO-
 RATION, PURSUANT TO THE PROVISIONS OF THE NEW YORK CITY HOUSING DEVELOP-
 MENT CORPORATION ACT, ARTICLE TWELVE OF THE PRIVATE HOUSING FINANCE LAW;
 AND (II) THE TRANSIT CONSTRUCTION FUND PURSUANT  TO  THE  PROVISIONS  OF
 TITLE NINE-A OF THIS ARTICLE. THE COMPTROLLER SHALL GIVE THE DIRECTOR OF
 THE  BUDGET  NOTIFICATION OF ANY SUCH PAYMENT. SUCH AMOUNT OR AMOUNTS SO
 WITHHELD 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.  A  PUBLIC  HEARING  OR HEARINGS SHALL BE HELD AT LEAST THIRTY DAYS
 PRIOR TO THE CLOSURE OF ANY TRANSPORTATION FACILITY DUE TO CONSTRUCTION,
 IMPROVEMENT, RECONSTRUCTION OR REHABILITATION WHERE SUCH  FACILITY  WILL
 BE OUT-OF-SERVICE FOR NINETY DAYS OR LONGER. PUBLIC HEARINGS REQUIRED BY
 THIS  SUBDIVISION  SHALL  BE  HELD AT ONE OR MORE LOCATIONS CONVENIENTLY
 ACCESSIBLE TO THE PERSONS WHO WOULD BE AFFECTED BY SUCH CLOSURE.
   § 1349-SSSSS. TRANSFER AND RECEIPT OF SURPLUS FUNDS.   NOTWITHSTANDING
 ANY  PROVISION  OF  THIS  TITLE  OR ANY OTHER PROVISION OF LAW, GENERAL,
 SPECIAL OR LOCAL, THE AUTHORITY MAY FROM TIME TO TIME TRANSFER  AND  PAY
 OVER TO THE NEW YORK CITY TRANSIT AUTHORITY OR THE TRIBOROUGH BRIDGE AND
 TUNNEL AUTHORITY ALL OR ANY PART OF ITS SURPLUS FUNDS AND MAY ACCEPT AND
 USE  ANY  MONIES  TRANSFERRED  AND  PAID OVER TO IT BY THE NEW YORK CITY
 TRANSIT AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
   § 1349-TTTTT. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR  INEF-
 FECTIVE.  IF  ANY PROVISION OF ANY SECTION OF THIS TITLE OR THE APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID  BY
 A  COURT  OF  COMPETENT  JURISDICTION,  SUCH  ORDER OR JUDGMENT SHALL BE
 CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH IT  WAS  RENDERED,
 AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY PROVISION OF ANY
 SECTION  OF  THIS  TITLE  OR  THE APPLICATION OF ANY PART THEREOF TO ANY
 OTHER PERSON OR CIRCUMSTANCE AND TO THIS  END  THE  PROVISIONS  OF  EACH
 SECTION OF THIS TITLE ARE HEREBY DECLARED TO BE SEVERABLE.
 S. 2830                            178
 
   §  1349-UUUUU. COMMUTER TRANSPORTATION AUTHORITY INSPECTOR GENERAL. 1.
 THERE IS HEREBY CREATED IN  THE  COMMUTER  TRANSPORTATION  AUTHORITY  AN
 OFFICE  OF  COMMUTER  TRANSPORTATION  AUTHORITY  INSPECTOR  GENERAL. THE
 INSPECTOR GENERAL SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND
 CONSENT  OF THE SENATE. THE INSPECTOR GENERAL SHALL, PRIOR TO HIS OR HER
 APPOINTMENT, HAVE HAD AT LEAST TEN YEARS EXPERIENCE IN THE MANAGEMENT OF
 TRANSPORTATION SERVICES, IN AUDITING AND INVESTIGATION  OF  GOVERNMENTAL
 OPERATIONS,  OR  IN  SERVICES  RELATED  TO  MANAGEMENT  AND PRODUCTIVITY
 IMPROVEMENT. THE TERM OF OFFICE OF THE INSPECTOR GENERAL SHALL  BE  FIVE
 YEARS  FROM THE EFFECTIVE DATE OF APPOINTMENT, AND HE OR SHE SHALL SERVE
 AT THE PLEASURE OF THE GOVERNOR.  THE SALARY OF  THE  INSPECTOR  GENERAL
 SHALL BE DETERMINED BY THE AUTHORITY BOARD.
   2.  THE  INSPECTOR  GENERAL  SHALL ANNUALLY SUBMIT TO THE BOARD OF THE
 COMMUTER TRANSPORTATION AUTHORITY A BUDGET REQUEST FOR THE OPERATION  OF
 THE OFFICE. IF THE BOARD DISAPPROVES ANY PORTION OF SUCH REQUEST AND THE
 COMMISSIONER  OF TRANSPORTATION DETERMINES SUCH DISAPPROVAL TO BE UNREA-
 SONABLE, SUCH COMMISSIONER SHALL WITHHOLD FROM PAYMENTS DUE SUCH AUTHOR-
 ITY, THE AMOUNT SO DETERMINED  TO  BE  UNREASONABLE  AND  TRANSFER  SUCH
 AMOUNT  TO THE OFFICE OF THE COMMUTER TRANSPORTATION AUTHORITY INSPECTOR
 GENERAL.
   3. THE INSPECTOR GENERAL SHALL HAVE FULL AND  UNRESTRICTED  ACCESS  TO
 ALL  RECORDS,  INFORMATION,  DATA, REPORTS, PLANS, PROJECTIONS, MATTERS,
 CONTRACTS, MEMORANDA, CORRESPONDENCE AND  ANY  OTHER  MATERIALS  OF  THE
 AUTHORITY  AND  ITS SUBSIDIARIES, THE LONG ISLAND RAIL ROAD, METRO-NORTH
 RAILROAD, AND METROPOLITAN SUBURBAN BUS AUTHORITY, OR ANY  OTHER  AGENCY
 THAT MAY COME UNDER THE CONTROL OF THE AUTHORITY, OR WITHIN THEIR CUSTO-
 DY OR CONTROL.
   4. THE INSPECTOR GENERAL, NOTWITHSTANDING THE PROVISIONS OF TITLE NINE
 OF  THIS  ARTICLE AND THIS TITLE, AND OF TITLE THREE OF ARTICLE THREE OF
 THIS CHAPTER, SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   (A) TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE OR UPON  HIS
 OR  HER  OWN  INITIATIVE  CONCERNING  ALLEGED ABUSES, FRAUDS AND SERVICE
 DEFICIENCIES, INCLUDING DEFICIENCIES IN THE MAINTENANCE AND OPERATION OF
 FACILITIES, RELATING TO THE AUTHORITY AND ITS SUBSIDIARIES;
   (B) TO INITIATE SUCH REVIEWS AS HE OR SHE MAY DEEM APPROPRIATE OF  THE
 OPERATIONS  OF  THE AUTHORITY AND ITS SUBSIDIARIES, IN ORDER TO IDENTIFY
 AREAS IN WHICH PERFORMANCE MIGHT BE IMPROVED AND  AVAILABLE  FUNDS  USED
 MORE EFFECTIVELY;
   (C) TO RECOMMEND REMEDIAL ACTIONS TO BE TAKEN BY THE AUTHORITY AND ITS
 SUBSIDIARIES,  TO OVERCOME OR CORRECT OPERATING OR MAINTENANCE DEFICIEN-
 CIES AND INEFFICIENCIES THAT HE OR SHE DETERMINES TO EXIST;
   (D) TO MAKE AVAILABLE TO APPROPRIATE LAW ENFORCEMENT OFFICIALS  INFOR-
 MATION  AND  EVIDENCE  WHICH  RELATE TO CRIMINAL ACTS THAT HE OR SHE MAY
 OBTAIN IN CARRYING OUT HIS OR HER DUTIES;
   (E) TO SUBPOENA WITNESSES,  ADMINISTER  OATHS  OR  AFFIRMATIONS,  TAKE
 TESTIMONY  AND  COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
 DOCUMENTS AS HE OR SHE MAY DEEM TO BE RELEVANT TO ANY INQUIRY OR  INVES-
 TIGATION UNDERTAKEN PURSUANT TO THIS SECTION AND TO DELEGATE SUCH POWERS
 TO A DULY AUTHORIZED DEPUTY INSPECTOR GENERAL;
   (F)  TO  MONITOR  THE  IMPLEMENTATION BY THE AUTHORITY AND ITS SUBSID-
 IARIES OF RECOMMENDATIONS MADE BY THE INSPECTOR GENERAL OR  OTHER  AUDIT
 AGENCIES; AND
   (G)  TO DO ALL THINGS NECESSARY TO CARRY OUT THE FUNCTIONS, POWERS AND
 DUTIES SET FORTH IN THIS SECTION.
   5. THE INSPECTOR GENERAL SHALL COOPERATE, CONSULT AND COORDINATE  WITH
 THE STATE PUBLIC TRANSPORTATION SAFETY BOARD WITH REGARD TO ANY ACTIVITY
 S. 2830                            179
 
 CONCERNING THE OPERATIONS OF THE COMMUTER TRANSPORTATION AUTHORITY. WITH
 RESPECT TO ANY ACCIDENT ON THE FACILITIES OF THE COMMUTER TRANSPORTATION
 AUTHORITY, THE PRIMARY RESPONSIBILITY FOR INVESTIGATION SHALL BE THAT OF
 THE  BOARD  WHICH SHALL SHARE ITS FINDINGS WITH THE COMMUTER TRANSPORTA-
 TION AUTHORITY INSPECTOR GENERAL.
   6. THE INSPECTOR GENERAL SHALL MAKE ANNUAL PUBLIC REPORTS  ON  HIS  OR
 HER  FINDINGS  AND  RECOMMENDATIONS. SUCH A REPORT SHALL BE FILED IN THE
 OFFICE OF THE GOVERNOR AND WITH THE LEGISLATURE ON OR BEFORE  THE  FIRST
 OF FEBRUARY FOR THE PRECEDING YEAR. THE COMMUTER TRANSPORTATION AUTHORI-
 TY  AND  ITS APPLICABLE CONSTITUENT AGENCIES SHALL PREPARE A RESPONSE TO
 THE ANNUAL REPORT AND TO ANY AND ALL OTHER FINAL  REPORTS  MADE  BY  THE
 INSPECTOR  GENERAL  WITHIN  THIRTY  DAYS  OF  RECEIPT, WHICH TIME MAY BE
 EXTENDED BY THE INSPECTOR GENERAL IN HIS OR HER  DISCRETION,  INDICATING
 WHETHER  SUCH AUTHORITY INTENDS TO IMPLEMENT THE RECOMMENDATIONS IN SUCH
 REPORTS, AND, IF NOT, WHY NOT. IN ADDITION, THE COMMUTER  TRANSPORTATION
 AUTHORITY  AND  ITS APPLICABLE CONSTITUENT AGENCIES SHALL GIVE QUARTERLY
 REPORTS TO THE INSPECTOR GENERAL OUTLINING THE STATUS  OF  EACH  OF  THE
 RECOMMENDATIONS  MADE  BY  THE  INSPECTOR  GENERAL  IN  HIS OR HER FINAL
 REPORTS. COPIES OF ALL OF THESE REPORTS SHALL BE SENT TO  THE  GOVERNOR,
 THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
 CHAIRPERSON OF THE SENATE TRANSPORTATION COMMITTEE, THE  CHAIRPERSON  OF
 THE  SENATE  FINANCE  COMMITTEE,  THE CHAIRPERSON OF THE ASSEMBLY CORPO-
 RATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE AND  THE  CHAIRPERSON  OF
 THE ASSEMBLY WAYS AND MEANS COMMITTEE.
   7.  TO  EFFECTUATE THE PURPOSES OF THIS SECTION, THE INSPECTOR GENERAL
 MAY REQUEST FROM ANY DEPARTMENT, BOARD, BUREAU,  COMMISSION,  OFFICE  OR
 OTHER  AGENCY  OF  THE STATE, OR ANY OF ITS POLITICAL SUBDIVISIONS, SUCH
 COOPERATION, ASSISTANCE, SERVICES AND DATA AS WILL ENABLE HIM OR HER  TO
 CARRY  OUT  HIS  OR HER FUNCTIONS, POWERS AND DUTIES HEREUNDER, AND THEY
 ARE AUTHORIZED AND DIRECTED TO  PROVIDE  SAID  COOPERATION,  ASSISTANCE,
 SERVICES AND DATA.
   § 1349-VVVVV. MANAGEMENT ADVISORY BOARD. 1. THERE IS HEREBY CREATED IN
 THE  OFFICE OF THE COMMUTER 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 CHAIRPERSON.
   2.  ALL MEMBERS OF THE MANAGEMENT ADVISORY BOARD SHALL BE RESIDENTS OF
 THE METROPOLITAN TRANSPORTATION DISTRICT,  AND  SHALL  BE  PERSONS  WITH
 SUBSTANTIAL  EXPERIENCE  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 COMMUTER TRANSPORTA-
 TION  AUTHORITY  INSPECTOR  GENERAL  IN  IDENTIFYING  WAYS  TO   IMPROVE
 S. 2830                            180
 
 SERVICES,  REDUCE COSTS AND INCREASE THE EFFICIENCY OF THE AUTHORITY AND
 ITS SUBSIDIARIES.
   4. NO LATER THAN THE FIRST OF APRIL NEXT SUCCEEDING THE EFFECTIVE DATE
 OF  THIS SECTION, AND ANNUALLY THEREAFTER, THE MANAGEMENT ADVISORY BOARD
 SHALL SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A REPORT ON ITS  ACTIV-
 ITIES DURING THE PREVIOUS YEAR.
   5.  THE  OFFICE  OF  THE  COMMUTER  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.
   §  1349-WWWWW.  TRANSITION-ELECTION  TO WITHDRAW FROM THE METROPOLITAN
 COMMUTER TRANSPORTATION DISTRICT. 1. THE COUNTIES  OF  DUTCHESS,  ORANGE
 AND  ROCKLAND  SHALL  HAVE  AN  OPTION TO WITHDRAW FROM THE METROPOLITAN
 COMMUTER TRANSPORTATION DISTRICT AND HAVE SUCH WITHDRAWAL TAKE EFFECT ON
 EITHER: (A) THE FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE  DATE  OF
 THIS  SECTION. IF ANY SUCH COUNTY PLANS TO WITHDRAW FROM THE DISTRICT ON
 THE FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION,
 IT SHALL: (I) NO LATER THAN SEVENTY-FIVE DAYS AFTER THE  EFFECTIVE  DATE
 OF  THIS SECTION, FURNISH THE COMMISSIONER OF TRANSPORTATION, AND CHAIR-
 PERSON OF THE AUTHORITY AND THE OTHER COUNTIES WHICH HAVE AN  OPTION  TO
 WITHDRAW,  A  RESOLUTION  ADOPTED  BY  THE  COUNTY LEGISLATURE PROVIDING
 NOTICE OF INTENT TO WITHDRAW; (II) ON OR BEFORE  THE  FIRST  OF  OCTOBER
 NEXT  SUCCEEDING  THE  EFFECTIVE  DATE  OF  THIS SECTION, FURNISH TO THE
 COMMISSIONER OF TRANSPORTATION, THE CHAIRPERSON  OF  THE  AUTHORITY  AND
 OTHER COUNTIES WHICH HAVE AN OPTION TO WITHDRAW, A RESOLUTION ADOPTED BY
 THE  COUNTY  LEGISLATURE PROVIDING FOR A PUBLIC TRANSPORTATION PLAN. FOR
 THE PURPOSES OF THIS SECTION, A "PUBLIC TRANSPORTATION PLAN" SHALL  MEAN
 A  PLAN  THAT  MAINTAINS  ADEQUATE  AND CONTINUOUS PUBLIC TRANSPORTATION
 SERVICES FROM THE WITHDRAWING COUNTY TO THE CITY  OF  NEW  YORK  OR  ANY
 TERMINUS  PREVIOUSLY SERVED, PROVIDES A REASONABLE LEVEL OF RAIL PASSEN-
 GER SERVICE, PROVIDES A SCHEDULE FOR IMPLEMENTING SUCH SERVICE, PROTECTS
 THE PUBLIC INVESTMENT IN THE RAIL TRANSPORTATION SYSTEM  AND  ANY  OTHER
 CRITERIA  DEEMED NECESSARY BY THE COMMISSIONER OF TRANSPORTATION.  PRIOR
 TO WITHDRAWAL PURSUANT TO THIS PARAGRAPH OR PARAGRAPH (B) OF THIS SUBDI-
 VISION, A COUNTY SHALL RECEIVE APPROVAL  OF  ITS  PUBLIC  TRANSPORTATION
 PLAN  PURSUANT  TO  PARAGRAPH  (C)  OF THIS SUBDIVISION; AND (III) ON OR
 BEFORE THE FIRST OF DECEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF  THIS
 SECTION, FURNISH THE COMMISSIONER OF TRANSPORTATION, A COPY OF AN AGREE-
 MENT WITH THE AUTHORITY OR AN OPERATOR OF RAIL PASSENGER SERVICE FOR THE
 PROVISION OF RAIL PASSENGER SERVICE TO AND FROM SUCH COUNTY AND THE CITY
 OF NEW YORK OR ANY TERMINUS PREVIOUSLY SERVED.
   IF A COUNTY PLANNING TO WITHDRAW ON THE FIRST OF JANUARY NEXT SUCCEED-
 ING  THE EFFECTIVE DATE OF THIS SECTION IS UNABLE TO WITHDRAW BECAUSE IT
 COULD NOT MEET THE REQUIREMENTS OF THIS PARAGRAPH, IT MAY ELECT TO WITH-
 DRAW PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) THE SECOND OR THIRD FIRST OF JANUARY SUCCEEDING THE EFFECTIVE DATE
 OF THIS SECTION. IF ANY SUCH COUNTY PLANS  TO  WITHDRAW  ON  EITHER  THE
 SECOND  OR  THIRD FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE DATE OF
 THIS SECTION, IT SHALL: (I) NO LATER THAN NINETY DAYS AFTER THE FIRST OF
 JANUARY OF THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH SUCH  COUNTY
 PLANS  TO WITHDRAW FROM THE DISTRICT, FURNISH THE COMMISSIONER OF TRANS-
 PORTATION, THE CHAIRPERSON OF THE AUTHORITY AND THE OTHER COUNTIES WHICH
 HAVE AN OPTION TO WITHDRAW, A RESOLUTION ADOPTED BY THE COUNTY  LEGISLA-
 TURE  PROVIDING  NOTICE OF INTENT TO WITHDRAW FROM THE DISTRICT; (II) NO
 S. 2830                            181

 LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE FIRST  OF  JANUARY  OF  THE
 YEAR  IMMEDIATELY PRECEDING THE YEAR IN WHICH SUCH COUNTY PLANS TO WITH-
 DRAW FROM THE DISTRICT FURNISH TO THE  COMMISSIONER  OF  TRANSPORTATION,
 THE  CHAIRPERSON  OF THE AUTHORITY AND THE COUNTIES WHICH HAVE AN OPTION
 TO WITHDRAW A RESOLUTION ADOPTED BY THE COUNTY LEGISLATURE  PROVIDING  A
 PUBLIC TRANSPORTATION PLAN AS DESCRIBED IN THIS SECTION; AND (III) ON OR
 BEFORE OCTOBER FIRST OF THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH
 SUCH  COUNTY PLANS TO WITHDRAW FROM THE DISTRICT, FURNISH TO THE COMMIS-
 SIONER A COPY OF AN AGREEMENT WITH THE AUTHORITY OR AN OPERATOR OF  RAIL
 PASSENGER  SERVICE  FOR  THE  PROVISION OF RAIL PASSENGER SERVICE TO AND
 FROM SUCH COUNTY AND THE CITY OF NEW YORK  OR  ANY  TERMINUS  PREVIOUSLY
 SERVED.
   (C)  NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE PUBLIC TRANSPORTA-
 TION PLAN THE COMMISSIONER OF TRANSPORTATION SHALL, IN  WRITING,  EITHER
 APPROVE  SUCH  PLAN  AS  CONFORMING  WITH  THE  REQUIREMENTS  HERETOFORE
 DESCRIBED OR DISAPPROVE SUCH PLAN AS FAILING TO MEET  SUCH  REQUIREMENTS
 AND  THE  REASONS THEREFOR.   DISAPPROVAL OF A PLAN SHALL NOT PROHIBIT A
 COUNTY FROM RESUBMITTING A PUBLIC TRANSPORTATION PLAN AND SUCH RESUBMIT-
 TED PLAN SHALL BE APPROVED OR DISAPPROVED NO  LATER  THAN  FIFTEEN  DAYS
 AFTER  RECEIPT  BY THE COMMISSIONER OF TRANSPORTATION. THE PUBLIC TRANS-
 PORTATION PLAN SHALL BE SUBJECT TO ANY STATE OR FEDERAL  PUBLIC  HEARING
 REQUIREMENTS  WHICH  THE  AUTHORITY WOULD BE SUBJECT TO IF THE AUTHORITY
 MADE THE CHANGES PROPOSED BY SUCH PLAN.
   (D) ANY SUCH COUNTY WHICH PLANS TO WITHDRAW FROM  THE  DISTRICT  SHALL
 MEET  THE  REQUIREMENTS  OF  THIS SECTION PRIOR TO THE EFFECTIVE DATE OF
 WITHDRAWAL, AND NO WITHDRAWAL FOR THE PURPOSES  OF  THIS  SECTION  SHALL
 TAKE  EFFECT  UNLESS SUCH COUNTY FURNISHES THE RESOLUTIONS AND AGREEMENT
 PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
   2. THE AUTHORITY AND ANY SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL
 ENTER INTO AN AGREEMENT OR AGREEMENTS WITH A COUNTY THAT PLANS TO  WITH-
 DRAW FROM THE DISTRICT TO TRANSFER AND ASSIGN TO SUCH COUNTY ALL AUTHOR-
 ITY  AND SUBSIDIARY RAILROAD FACILITIES AND OPERATIONS, RIGHTS AND OBLI-
 GATIONS,  AND  CONTRACT  RIGHTS  AND  OBLIGATIONS,  INCLUDING  OPERATING
 CONTRACT  RIGHTS  AND OBLIGATIONS, WHICH ARE OWNED, OPERATED, MAINTAINED
 OR USED DIRECTLY OR BY CONTRACT OR WHICH ARE OTHERWISE INVOLVED  IN  THE
 PROVISION  OF  RAILROAD  SERVICES TO SUCH COUNTIES. SUCH AGREEMENT SHALL
 PROVIDE, IN THE EVENT A FACILITY,  OPERATION,  RIGHT  OR  OBLIGATION  IS
 NECESSARY AND MATERIAL TO THE PROVISION OF RAIL PASSENGER SERVICE IN THE
 DISTRICT  OR  IS  NOT  ASSIGNABLE  UNDER  APPLICABLE  BOND  COVENANTS OR
 CONTRACTS OR THE PARTIES AGREE THAT IT SHOULD NOT BE ASSIGNED, THAT  THE
 AUTHORITY  OR SUBSIDIARY THEREOF SHALL CONTINUE TO HOLD AND BE RESPONSI-
 BLE FOR SUCH FACILITY, OPERATION, RIGHT  OR  OBLIGATION  AND  THAT  SUCH
 COUNTY  SHALL REIMBURSE TO THE AUTHORITY THAT PORTION OF THE COST TO THE
 AUTHORITY OR SUBSIDIARY OF ITS RETENTION OF  SUCH  FACILITY,  OPERATION,
 RIGHT  OR  OBLIGATION  THAT IS ALLOCABLE TO SUCH COUNTY.  IF THE PARTIES
 AGREE THAT THE AUTHORITY OR SUBSIDIARY THEREOF SHALL OPERATE  THE  RAIL-
 ROAD  FACILITIES  IN  A COUNTY AFTER THE EFFECTIVE DATE OF SUCH COUNTY'S
 WITHDRAWAL, THE AGREEMENT ALSO SHALL PROVIDE FOR THE  TERMS  AND  CONDI-
 TIONS OF THE OPERATION OF SUCH SERVICE.
   3.  WITHIN  FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
 AUTHORITY AND ANY SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL  PROVIDE
 TO  THE  COUNTIES  OF DUTCHESS, ORANGE AND ROCKLAND A WRITTEN STATEMENT,
 INCLUDING COST ESTIMATES AND THE USEFUL LIFE, IF  ANY,  OF  ALL  OF  ITS
 FACILITIES, OPERATIONS, RIGHTS AND OBLIGATIONS RELATING TO THE PROVISION
 OF RAIL SERVICE IN SUCH COUNTIES.
 S. 2830                            182
 
   4.  THE  AUTHORITY  AND ANY SUBSIDIARY CORPORATION OF THE AUTHORITY IS
 AUTHORIZED TO ENTER INTO AN AGREEMENT OR AGREEMENTS WITH A  COUNTY  THAT
 PLANS  TO WITHDRAW FROM THE DISTRICT, PURSUANT TO WHICH THE AUTHORITY OR
 SUBSIDIARY THEREOF WILL PROVIDE  TECHNICAL  ASSISTANCE  TO  SUCH  COUNTY
 PRIOR  TO, DURING AND AFTER THE WITHDRAWAL, WITH RESPECT TO THE TRANSFER
 OF OWNERSHIP, OPERATION, MAINTENANCE  AND  USE  OF  RAILROAD  FACILITIES
 WITHIN SUCH COUNTY. SUCH AGREEMENT MAY PROVIDE THAT THE COUNTY REIMBURSE
 THE  AUTHORITY  OR  ITS SUBSIDIARY FOR THE COST TO THE AUTHORITY AND ITS
 SUBSIDIARY FOR THE PROVISION OF SUCH TECHNICAL ASSISTANCE.
   5. THE AUTHORITY SHALL HAVE NO OBLIGATION TO UNDERTAKE OR CONTINUE ANY
 PROJECT OR PART THEREOF IN A CURRENT  OR  FUTURE  CAPITAL  PROGRAM  PLAN
 WHICH  PERTAINS  TO  RAILROAD  FACILITIES WITHIN OR SERVICES TO A COUNTY
 THAT WITHDRAWS FROM THE DISTRICT ON OR AFTER SUCH DATE OF WITHDRAWAL NOR
 SHALL THE AUTHORITY ENTER INTO ANY CONTRACT FOR A PROJECT OR PART THERE-
 OF WHICH WOULD INCREASE LIABILITIES PURSUANT TO SUBDIVISION SIX OF  THIS
 SECTION  IN  A  COUNTY  AFTER  SUCH COUNTY NOTIFIES THE AUTHORITY OF ITS
 INTENT TO WITHDRAW AS PROVIDED  IN  SUBDIVISION  ONE  OF  THIS  SECTION,
 PROVIDED, HOWEVER, THAT IF THE AUTHORITY HAS EXECUTED A CONTRACT FOR THE
 EFFECTUATION  OF  A PROJECT OR PART THEREOF IN A CAPITAL PROGRAM PLAN IN
 SUCH COUNTY, IT SHALL BE ASSIGNED TO  SUCH  COUNTY  IN  ACCORDANCE  WITH
 SUBDIVISION  TWO OF THIS SECTION, UNLESS THE PARTIES AGREE THAT IT SHALL
 NOT BE ASSIGNED AND THAT THE AUTHORITY OR ITS SUBSIDIARY SHALL  CONTINUE
 TO  BE  RESPONSIBLE  THEREFOR, IN WHICH EVENT THE COUNTY SHALL REIMBURSE
 THE AUTHORITY OR ITS SUBSIDIARY IN ACCORDANCE  WITH  THE  PROVISIONS  OF
 SUBDIVISION TWO OF THIS SECTION.
   6. ANY COUNTY WHICH WITHDRAWS FROM THE DISTRICT SHALL REIMBURSE TO THE
 AUTHORITY  OR  ITS  SUBSIDIARY,  WITHIN THE TIME PERIOD AGREED TO BY THE
 PARTIES, ANY CAPITAL EXPENDITURES HERETOFORE UNDERTAKEN BY THE  AUTHORI-
 TY,  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY  OR ITS SUBSIDIARY FOR
 RAILROAD FACILITIES ONLY WITHIN  SUCH  COUNTY  WHICH  WERE  FINANCED  BY
 COMMUTER  RAILROAD  REVENUE BONDS ISSUED BY THE METROPOLITAN TRANSPORTA-
 TION AUTHORITY PURSUANT TO SECTION TWELVE  HUNDRED  SIXTY-NINE  OF  THIS
 ARTICLE  OR BY THE AUTHORITY PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-
 NINE-XXXX OF THIS TITLE AND ARE ASSIGNED TO SUCH  COUNTY  IN  ACCORDANCE
 WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
   7.  THE  OBLIGATIONS  OF  A COUNTY THAT WITHDRAWS FROM THE DISTRICT TO
 REIMBURSE THE AUTHORITY AND ANY SUBSIDIARY CORPORATION OF THE  AUTHORITY
 FOR  THE  COSTS  OF OPERATION, MAINTENANCE AND USE OF PASSENGER STATIONS
 PURSUANT TO SECTION THIRTEEN HUNDRED  FORTY-NINE-RRRRR  OF  THIS  TITLE,
 SHALL  CONTINUE  FOR ANY SUCH COSTS INCURRED UP TO THE EFFECTIVE DATE OF
 THE COUNTY'S WITHDRAWAL FROM THE DISTRICT AND FOR COSTS INCURRED  THERE-
 AFTER  THAT RESULT FROM ACTS PRECEDING SUCH WITHDRAWAL, AND THE APPLICA-
 BILITY OF THE PAYMENT PROVISIONS AND PROCEDURES OF SUCH SECTION THIRTEEN
 HUNDRED FORTY-NINE-RRRRR TO SUCH COUNTY SHALL CONTINUE  THEREAFTER  WITH
 RESPECT TO THE AFORESAID COSTS.
   8.  IN  THE  EVENT OF A COUNTY'S FAILURE TO MAKE PAYMENT OF ANY MONIES
 DETERMINED BY THE AUTHORITY TO BE OWED AND  DUE  IT  OR  ANY  SUBSIDIARY
 CORPORATION  OF  THE  AUTHORITY  PURSUANT  TO THE TERMS OF ANY AGREEMENT
 ENTERED INTO PURSUANT TO THIS SECTION, THE AUTHORITY  IS  AUTHORIZED  TO
 RECOVER  SUCH PAYMENTS IN THE SAME MANNER AS IN SECTION THIRTEEN HUNDRED
 FORTY-NINE-RRRRR OF THIS TITLE AND THE STATE COMPTROLLER SHALL  WITHHOLD
 AND  PAY  MONIES  TO THE AUTHORITY IN ACCORDANCE WITH THE PROCEDURES SET
 FORTH IN THAT SECTION.
   9. THE TERM OF OFFICE OF ANY RESIDENT OF A COUNTY THAT WITHDRAWS  FROM
 THE DISTRICT UNDER THIS SECTION, AS A MEMBER OF THE BOARD OF THE AUTHOR-
 ITY,  THE  METRO-NORTH  RAIL COMMUTER COUNCIL OR THE MANAGEMENT ADVISORY
 S. 2830                            183
 
 BOARD, WHICH IS BASED UPON RESIDENCE IN  SUCH  COUNTY,  SHALL  TERMINATE
 UPON  THE  COUNTY'S WITHDRAWAL AND THE OFFICE SHALL BE DEEMED VACANT AND
 FILLED IN THE MANNER PROVIDED BY LAW.
   10.  THE  PROVISIONS  OF THIS SECTION AND ALL AGREEMENTS UNDERTAKEN IN
 ACCORDANCE HEREWITH SHALL BE SUBJECT TO THE RIGHTS OF THE HOLDERS OF ANY
 OUTSTANDING BONDS OR NOTES ISSUED BY THE AUTHORITY.
   § 1349-XXXXX. THE OFFICE OF LEGISLATIVE AND COMMUNITY  INPUT.  1.  THE
 CHAIRPERSON  OF  THE AUTHORITY SHALL ESTABLISH THE OFFICE OF LEGISLATIVE
 AND COMMUNITY INPUT FOR THE PURPOSE OF COMMUNICATING INFORMATION TO, AND
 RECEIVING COMMENTS, CONCERNS AND RECOMMENDATIONS FROM,  MEMBERS  OF  THE
 LEGISLATURE, AND MEMBERS OF THE PERMANENT CITIZENS ADVISORY COMMITTEE TO
 THE AUTHORITY, AS DEFINED IN SECTION THIRTEEN HUNDRED FORTY-NINE-QQQQ OF
 THIS TITLE, ON THE FOLLOWING:
   (A)  THE  OPERATIONS  OF  THE RAPID TRANSIT, OMNIBUS AND COMMUTER RAIL
 LINE FACILITIES OF THE AUTHORITY INCLUDING, BUT NOT LIMITED TO:
   (I) THE QUALITY OF SERVICE PROVIDED ON ANY RAPID TRANSIT, OMNIBUS, AND
 COMMUTER RAIL LINE OR ROUTE;
   (II) THE FREQUENCY OF OPERATING SERVICE ON THE AUTHORITY'S MASS TRANS-
 IT FACILITIES;
   (III) THE MAINTENANCE AND CONDITION OF THE  AUTHORITY'S  MASS  TRANSIT
 FACILITIES  INCLUDING,  BUT  NOT  LIMITED TO, RAPID TRANSIT AND COMMUTER
 RAIL STATIONS, RAILCARS, BUSES, RAIL LINES, FARE COLLECTION SYSTEMS  AND
 SOUND SYSTEMS; AND
   (IV)  PROPOSED  SERVICE CHANGES, INCLUDING ANY REDUCTIONS OR EXPANSION
 OF SERVICES, AS IT RELATES TO THE AUTHORITY'S MASS  TRANSIT  FACILITIES;
 AND
   (B)  ANY PROPOSED, SUBMITTED AND/OR APPROVED CAPITAL PROGRAM PLAN, ITS
 COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES. ANY SUCH
 COMMENTS, CONCERNS AND RECOMMENDATIONS RELATING TO THE  CAPITAL  PROGRAM
 PLAN, ITS COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES
 SHALL  BE TAKEN INTO CONSIDERATION IN THE DEVELOPMENT OF THE CURRENT AND
 EACH SUCCESSIVE CAPITAL PROGRAM PLAN AND/OR ANY AMENDMENT TO SUCH PLAN.
   2. THE OFFICE SHALL ESTABLISH A PROCESS TO ENSURE TIMELY  NOTIFICATION
 OF  THE RECEIPT OF, AND RESPONSE TO, COMMENTS, CONCERNS, AND RECOMMENDA-
 TIONS BY MEMBERS OF THE LEGISLATURE OR MEMBERS OF THE PERMANENT CITIZENS
 ADVISORY COMMITTEE TO THE AUTHORITY.
   3. THE CHAIR AND OFFICE SHALL PREPARE A REPORT CONTAINING THE  FOLLOW-
 ING INFORMATION:
   (A)  A  COMPILATION  OF  THE  COMMENTS,  CONCERNS, AND RECOMMENDATIONS
 RECEIVED BY THE OFFICE;
   (B) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE  OR  WILL  BE
 ADDRESSED,  SUCH  AS  THE  AUTHORITY'S  RESPONSE BY THE INCORPORATION OR
 INITIATION OF SYSTEM AND OPERATIONAL ADJUSTMENTS, IMPROVEMENTS OR EXPAN-
 SIONS IF APPLICABLE; AND
   (C) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE  OR  WILL  BE
 ADDRESSED,  SUCH AS THE AUTHORITY'S RESPONSE BY CHANGING OR AMENDING THE
 CAPITAL PLAN, AS WELL AS PROVIDING STATUS UPDATES  ON  THE  PROGRESS  OF
 SUCH PLAN.
   4.  SUCH  REPORT  SHALL  ON  A BIANNUAL BASIS, COMMENCING THE FIRST OF
 SEPTEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, BE SUBMIT-
 TED TO THE GOVERNOR, THE TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE
 SPEAKER  OF  THE ASSEMBLY, BE POSTED ON THE AUTHORITY'S WEBSITE AND ALSO
 BE MADE READILY AVAILABLE TO THE PUBLIC.
   § 1349-YYYYY. DEBARMENT. THE AUTHORITY SHALL  ESTABLISH,  PURSUANT  TO
 REGULATION,  A  DEBARMENT  PROCESS FOR CONTRACTORS OF THE AUTHORITY THAT
 PROHIBITS SUCH CONTRACTORS FROM BIDDING ON  FUTURE  CONTRACTS,  AFTER  A
 S. 2830                            184
 
 DEBARMENT  DETERMINATION  BY  SUCH AUTHORITY, FOR A PERIOD OF FIVE YEARS
 FROM SUCH DETERMINATION.  SUCH REGULATIONS SHALL ENSURE  NOTICE  AND  AN
 OPPORTUNITY  TO BE HEARD BEFORE SUCH DEBARMENT DETERMINATION AND PROVIDE
 AS  A  DEFENSE  ACTS  SUCH AS FORCE MAJEURE. SUCH REGULATIONS SHALL ONLY
 PROVIDE FOR A DEBARMENT IN SITUATIONS INVOLVING A  CONTRACTOR'S  FAILURE
 TO  SUBSTANTIALLY  COMPLETE  THE WORK WITHIN THE TIME FRAME SET FORTH IN
 THE CONTRACT, OR IN ANY  SUBSEQUENT  CHANGE  ORDER,  BY  MORE  THAN  TEN
 PERCENT  OF  THE  CONTRACT  TERM;  OR WHERE A CONTRACTOR'S DISPUTED WORK
 EXCEEDS TEN PERCENT OR MORE OF THE TOTAL  CONTRACT  COST  WHERE  CLAIMED
 COSTS  ARE  DEEMED  TO  BE  INVALID  PURSUANT BY THE CONTRACTUAL DISPUTE
 RESOLUTION PROCESS.
   § 1349-ZZZZZ. RIGHT TO SHARE EMPLOYEES. 1.  IT  IS  HEREBY  FOUND  AND
 DECLARED  TO  BE  NECESSARY  AND  PROPER TO AUTHORIZE THE AUTHORITY, ITS
 SUBSIDIARIES, AFFILIATES, AND  SUBSIDIARIES  OF  AFFILIATES,  POWERS  TO
 EFFECTUATE AND ENSURE SUCH ENTITIES CONTINUED FINANCIAL VIABILITY, WHICH
 IS  AT  ISSUE  GIVEN  SIZABLE OPERATING DEFICITS AND SIGNIFICANT CAPITAL
 NEEDS.  ALLOWING  WHOLESALE  INTERNAL  MANAGEMENT  REFORMS  WILL  CREATE
 SAVINGS,  COMBAT  ENTRENCHED BUREAUCRACIES, CREATE STREAMLINED, UNIFORM,
 AND EFFICIENT SERVICES, ENSURE  PUBLIC  ACCOUNTABILITY  AND  REESTABLISH
 PUBLIC  TRUST.  IN  ORDER TO FACILITATE THESE NECESSARY GOALS IT IS BOTH
 REASONABLE AND A LEGITIMATE PUBLIC PURPOSE TO PROVIDE SYSTEMATIC AUTHOR-
 ITY FOR THE SHARING OF EMPLOYEES WITHIN AND BETWEEN THE RESPECTIVE ENTI-
 TIES.
   2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE  AUTHORI-
 TY,  ITS  SUBSIDIARIES, AFFILIATES, AND SUBSIDIARIES OF AFFILIATES SHALL
 EACH HAVE THE RIGHT TO SHARE EMPLOYEES WITHIN AND BETWEEN SUCH  ENTITIES
 AND  TO  ASSIGN  SUCH  EMPLOYEES  TO  PERFORM  ANY OPERATION OR FUNCTION
 SUBJECT ONLY TO A DETERMINATION THAT THEY ARE SUBSTANTIALLY  SIMILAR  TO
 ANY  OPERATION  OR  FUNCTION  CURRENTLY PERFORMED. SUBSTANTIALLY SIMILAR
 OPERATION OR FUNCTION SHALL BE DETERMINED EXCLUSIVELY BY THE AUTHORITY.
   3. NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPEDE,
 INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS THAT  ACCRUE  TO  EMPLOYEES
 AND  EMPLOYERS  THROUGH  COLLECTIVE  BARGAINING AGREEMENTS, OR IMPACT OR
 CHANGE AN EMPLOYEE'S MEMBERSHIP IN A BARGAINING UNIT.
   § 2. This act shall take effect January 1, 2024.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through E of this act shall  be
 as specifically set forth in the last section of such Parts.