S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2901
 
                        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 Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  chapter 154 of the laws of 1921 relating to the port
   authority of New York and New Jersey, in relation  to  port  authority
   organization, appearance and notice

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 5 and 6 of article 4 of section 1 of  chap-
 ter  154  of the laws of 1921 relating to the port authority of New York
 and New Jersey, as amended by chapter 559 of the laws of 2015, paragraph
 a of subdivision 6 as amended by chapter 104 of the laws  of  2020,  are
 amended to read as follows:
   1. Commissioners. A. The port authority shall consist of twelve VOTING
 COMMISSIONERS  AND  FOUR  NON-VOTING COMMISSIONERS AS DESCRIBED IN PARA-
 GRAPH B OF THIS SUBDIVISION.   OF  THE  TWELVE  VOTING  commissioners[,]
 THERE  SHALL BE six resident voters from the state of New York, at least
 four of whom shall be resident voters of the city of New York,  and  six
 resident  voters  from  the  state  of New Jersey, at least four of whom
 shall be resident voters within the New Jersey portion of the  district,
 the  New  York members to be chosen by the state of New York and the New
 Jersey members by the state of New Jersey in  the  manner  and  for  the
 terms  fixed and determined from time to time by the legislature of each
 state respectively, except as herein provided.   THE  NEW  YORK  MEMBERS
 SHALL  BE  APPOINTED  BY  THE  GOVERNOR  OF NEW YORK WITH THE ADVICE AND
 CONSENT OF THE NEW YORK STATE SENATE.  THE NEW JERSEY MEMBERS  SHALL  BE
 APPOINTED  BY  THE GOVERNOR OF NEW JERSEY WITH THE ADVICE AND CONSENT OF
 THE NEW JERSEY  STATE  SENATE.  Each  commissioner  may  be  removed  or
 suspended  from office as provided by the law of the state from which he
 shall be appointed. ANY COMMISSIONER APPOINTED TO A TERM  COMMENCING  ON
 OR  AFTER  JANUARY  1,  2024 SHALL HAVE EXPERIENCE IN ONE OR MORE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02157-01-3
              

 S. 2901                             2
 
 FOLLOWING  AREAS:    TRANSPORTATION,  PUBLIC  ADMINISTRATION,   BUSINESS
 MANAGEMENT,  FINANCE,  ACCOUNTING, LAW, ENGINEERING, LAND USE, URBAN AND
 REGIONAL  PLANNING,  MANAGEMENT  OF  LARGE   CAPITAL   PROJECTS,   LABOR
 RELATIONS,  OR  EXPERIENCE IN SOME OTHER AREA OF ACTIVITY CENTRAL TO THE
 MISSION OF THE PORT AUTHORITY.   ONE OF  THE  SIX  VOTING  COMMISSIONERS
 CHOSEN BY THE STATE OF NEW YORK SHALL BE APPOINTED ON THE WRITTEN RECOM-
 MENDATION OF THE MAYOR OF THE CITY OF NEW YORK. THE VOTING COMMISSIONERS
 SHALL  BE APPOINTED FOR A TERM OF SIX YEARS AND SHALL SERVE NO MORE THAN
 TWO TERMS. THE TERMS OF THE VOTING COMMISSIONERS SHALL BE  STAGGERED  SO
 THAT THREE OF THE SIX VOTING COMMISSIONERS APPOINTED BY THE STATE OF NEW
 YORK  WILL  HAVE THEIR TERMS EXPIRE IN ALTERNATING THREE YEAR SHIFTS AND
 THREE OF THE SIX VOTING COMMISSIONERS APPOINTED  BY  THE  STATE  OF  NEW
 JERSEY WILL HAVE THEIR TERMS EXPIRE IN ALTERNATING THREE YEARS SHIFTS.
   B. THERE SHALL BE FOUR NON-VOTING COMMISSIONERS OF THE PORT AUTHORITY,
 AS ESTABLISHED IN PARAGRAPH A OF THIS SUBDIVISION.  THE FIRST NON-VOTING
 COMMISSIONER  SHALL  BE  A REGULAR MASS TRANSIT USER OF THE STATE OF NEW
 YORK BASED FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE  GOVER-
 NOR  OF THE STATE OF NEW YORK BY A RIDER ADVOCACY GROUP. THE SECOND NON-
 VOTING COMMISSIONER SHALL BE A REGULAR USER OF THE STATE OF  NEW  JERSEY
 BASED FACILITIES OF THE AUTHORITY AND SHALL BE RECOMMENDED TO THE GOVER-
 NOR  OF  THE  STATE  OF  NEW JERSEY BY A RIDER ADVOCACY GROUP. THE THIRD
 NON-VOTING COMMISSIONER SHALL BE RECOMMENDED  TO  THE  GOVERNOR  OF  THE
 STATE OF NEW YORK BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF
 AUTHORITY  EMPLOYEES  WORKING IN THE STATE OF NEW YORK.  THE FOURTH NON-
 VOTING COMMISSIONER SHALL BE RECOMMENDED TO THE GOVERNOR OF THE STATE OF
 NEW JERSEY BY  THE  LABOR  ORGANIZATION  REPRESENTING  THE  MAJORITY  OF
 AUTHORITY  EMPLOYEES  WORKING  IN THE STATE OF NEW JERSEY. THE FOUR NON-
 VOTING COMMISSIONERS OF THE PORT AUTHORITY SHALL BE APPOINTED FOR A TERM
 OF SIX YEARS AND SHALL SERVE NO MORE THAN TWO TERMS.
   5. Whistleblower access and assistance program. a.  The  chief  ethics
 and  compliance  officer shall recommend to the board of commissioners a
 whistleblower access and assistance program to be  administered  by  the
 inspector general which shall include, but not be limited to:
   (1)  establishing  AN  EMAIL  ADDRESS  AND  toll-free telephone [and],
 facsimile, AND TEXT MESSAGING lines available to employees;
   (2) offering advice regarding employee rights under  applicable  state
 and federal laws and advice and options available to all persons; and
   (3) offering an opportunity for employees to identify concerns regard-
 ing  any  issue  at  the  port  authority.  Any communication between an
 employee and the inspector general pursuant to  this  section  shall  be
 held strictly confidential by the inspector general, unless the employee
 specifically waives in writing the right to confidentiality, except that
 such  confidentiality  shall  not  exempt  the  inspector  general  from
 disclosing such information, where appropriate, to the board of  commis-
 sioners and/or any law enforcement authority.
   b.  The  port  authority  shall  not fire, discharge, demote, suspend,
 threaten, harass, or discriminate against an  employee  because  of  the
 employee's  role as a whistleblower, insofar as the actions taken by the
 employee are legal.
   c. As used in this subdivision:
   (1) "Employees" means those persons employed at  the  port  authority,
 including  but  not limited to: full-time and part-time employees, those
 employees on probation, and temporary employees.
   (2) "Whistleblower" means any  employee  of  the  port  authority  who
 discloses information concerning acts of wrongdoing, misconduct, malfea-
 sance, or other inappropriate behavior by an employee or board member of
 S. 2901                             3
 
 the  port  authority, INCLUDING, BUT NOT LIMITED TO, concerning the port
 authority's investments, travel, acquisition of real or personal proper-
 ty, the disposition of real or personal property, or the procurement  of
 goods and services.
   6.  Inspector  general.  a. The inspector general shall be responsible
 for receiving  and  investigating,  where  appropriate,  all  complaints
 regarding  fraud,  waste,  and  abuse  by  commissioners,  officers, and
 employees of the port authority or third-parties doing business with the
 port authority.  The inspector general shall also receive  and  investi-
 gate  complaints  from  any  source,  or upon his or her own initiative,
 concerning allegations of corruption, fraud,  use  of  excessive  force,
 criminal  activity, conflicts of interest or abuse by any police officer
 under the jurisdiction of the  Port  Authority.  The  inspector  general
 shall also be responsible for conducting investigations upon the inspec-
 tor general's own initiative, as the inspector general shall deem appro-
 priate.
   b.  The  inspector general shall inform the board of commissioners and
 the chief executive officer of allegations  received  by  the  inspector
 general  and  the  progress  of  investigations  related thereto, unless
 special circumstances require confidentiality;
   c. The inspector general shall determine with respect  to  allegations
 received  by  the inspector general whether disciplinary action or civil
 prosecution by the port authority is appropriate, and whether the matter
 should be referred to an appropriate  governmental  agency  for  further
 action;
   d.  The  inspector  general  shall  prepare  and make available to the
 public written reports of completed investigations, as  appropriate  and
 to  the extent permitted by law, subject to redactions to protect a need
 for confidentiality. The release of all or portions of  reports  may  be
 deferred to protect the confidentiality of ongoing investigations.
   e. The inspector general shall have the power to:
   (1) administer oaths or affirmations and examine witnesses under oath;
   (2)  require the production of any books and papers deemed relevant or
 material to any investigation, examination or review;
   (3) notwithstanding any law to  the  contrary,  examine  and  copy  or
 remove  documents or records of any kind prepared, maintained or held by
 the port authority and its subsidiaries;
   (4) interview any officer or employee of the  port  authority  or  its
 subsidiaries on any matter related to the performance of such officer or
 employee's  official  duties.  To  the  extent that [any portion of this
 paragraph is inconsistent with any current  contractual  obligations  of
 the  port  authority,  this  paragraph  shall not be applicable to those
 obligations until the earliest  expiration  of  those  terms  under  the
 contract]  THE  TERMS  AND  CONDITIONS OF EMPLOYMENT OF ANY EMPLOYEE ARE
 ESTABLISHED BY COLLECTIVE NEGOTIATIONS, ANY INTERVIEW CONDUCTED PURSUANT
 TO THIS PARAGRAPH MUST BE IN ACCORDANCE WITH ANY  APPLICABLE  PROVISIONS
 OF  THE  CURRENT,  OR  MOST  RECENT, IF EXPIRED, COLLECTIVE NEGOTIATIONS
 AGREEMENT COVERING THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE EMPLOY-
 EE;
   (5) monitor the implementation by the port authority of any  recommen-
 dations made by the inspector general; and
   (6)  perform  any other functions that are necessary or appropriate to
 fulfill the duties and responsibilities of office.
   § 2. Subdivisions 1 and 3 of article 7-B of section 1 of  chapter  154
 of  the  laws of 1921 relating to the port authority of New York and New
 S. 2901                             4
 
 Jersey, as added by chapter 559 of the laws of 2015, are amended to read
 as follows:
   1.  Needs  assessment.  The  port authority shall require that a needs
 assessment be conducted by an independent entity prior to  any  increase
 in  tolls  for  the use of any port authority bridge or tunnel, or fares
 for the use of the port authority trans-Hudson corporation rail  system.
 The  assessment  shall  be  MADE  PUBLICLY  AVAILABLE  IN  A CONSPICUOUS
 LOCATION ON THE PORT AUTHORITY'S WEBSITE AND presented by the  independ-
 ent  entity to the board of commissioners at a public meeting to be held
 at least ninety days prior to any meeting of the board of  commissioners
 to  vote  to any increase in the tolls for the use of any port authority
 bridge or tunnel, or fares for the use of the port authority  trans-Hud-
 son corporation rail system.
   3.  APPEARANCE.  A. THE PORT AUTHORITY, AT THE REQUEST OF THE ASSEMBLY
 OR SENATE OF THE NEW YORK STATE LEGISLATURE OR THE GENERAL  ASSEMBLY  OR
 SENATE  OF THE NEW JERSEY STATE LEGISLATURE, SHALL BE REQUIRED TO APPEAR
 BEFORE A COMMITTEE OF  THE  REQUESTING  STATE  LEGISLATIVE  HOUSE,  UPON
 REQUEST  BY  THE  PRESIDING  OFFICER OF THAT STATE LEGISLATIVE HOUSE, TO
 PRESENT TESTIMONY ON ANY TOPIC OR SUBJECT REQUESTED BY THE COMMITTEE  OR
 TO  RESPOND  TO  QUESTIONS BY MEMBERS OF THE COMMITTEE.  THE ASSEMBLY OF
 THE NEW YORK STATE LEGISLATURE, THE SENATE OF THE NEW YORK STATE  LEGIS-
 LATURE,  THE  GENERAL  ASSEMBLY OF THE NEW JERSEY STATE LEGISLATURE, AND
 THE SENATE OF THE NEW JERSEY STATE LEGISLATURE SHALL EACH BE ENTITLED TO
 TWO SUCH REQUESTS PER CALENDAR YEAR.
   B. UNLESS OTHERWISE AGREED TO BY THE PRESIDING OFFICER  OF  THE  STATE
 LEGISLATIVE  HOUSE  REQUESTING THE APPEARANCE OF THE PORT AUTHORITY, THE
 PORT AUTHORITY SHALL, AT A MINIMUM, BE REPRESENTED BY A CHAIR  OR  VICE-
 CHAIR  OF  THE BOARD, CHIEF EXECUTIVE OFFICER, THE CHIEF FINANCIAL OFFI-
 CER, AND ANY STAFF DEEMED NECESSARY BY SUCH CHAIR OR VICE-CHAIR  OF  THE
 BOARD,  CHIEF EXECUTIVE OFFICER, OR THE CHIEF FINANCIAL OFFICER TO PRES-
 ENT TESTIMONY OR RESPOND TO QUESTIONS AT ANY APPEARANCE REQUIRED  PURSU-
 ANT  TO  THIS SECTION.  THE PRESIDING OFFICER MAY REQUEST THE APPEARANCE
 OF ANY OFFICER OR EMPLOYEE OF THE PORT AUTHORITY.  FOR PURPOSES OF  THIS
 SECTION,  AS APPLICABLE TO NEW YORK STATE "PRESIDING OFFICER" SHALL MEAN
 THE SPEAKER OF THE ASSEMBLY OF THE NEW YORK STATE LEGISLATURE OR  TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE OF THE NEW YORK STATE LEGISLATURE.  FOR
 PURPOSES OF THIS SECTION, AS APPLICABLE  TO  THE  STATE  OF  NEW  JERSEY
 "PRESIDING OFFICER" SHALL MEAN THE PRESIDENT OF THE SENATE OR THE SPEAK-
 ER OF THE GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY.
   4.  Subsidiaries  of  the  port authority. a. The port authority shall
 provide notice to the governor of each state,  the  majority  leader  of
 each  house  of  the legislature of each state, the chair of the finance
 committee of New York, the chair of the senate budget and appropriations
 committee of New Jersey, the chair of assembly ways and means  committee
 of New York, and the chair of the budget committee of New Jersey that it
 will  be  creating a subsidiary no less than 60 days prior to the forma-
 tion of the subsidiary.
   b. The creation of a subsidiary corporation shall be approved  by  the
 board of commissioners.
   c.  [On or before the first day of January, two thousand sixteen, and]
 WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  2023
 THAT AMENDED THIS SUBDIVISION, AND ON OR BEFORE THE FIRST DAY OF JANUARY
 EACH  YEAR  annually  thereafter, any subsidiary corporation, in cooper-
 ation with the port authority, shall provide to the governor and  legis-
 lature of each state a report on the subsidiary corporation. Such report
 shall include for each subsidiary:
 S. 2901                             5
 
   (1)  The  complete  legal name, address and contact information of the
 subsidiary;
   (2) The structure of the organization of the subsidiary, including the
 names and titles of each of its members, directors and officers, as well
 as a chart of its organizational structure;
   (3)  The complete by-laws and legal organization papers of the subsid-
 iary;
   (4) A complete report of the purpose, operations, mission and projects
 of the subsidiary; and
   (5) Any other information the subsidiary corporation  deems  important
 to include in such report.
   D.  60 DAYS PRIOR TO THE ISSUANCE OF ANY DEBT BY THE SUBSIDIARY CORPO-
 RATION, OR THE PORT AUTHORITY ON BEHALF OF THE  SUBSIDIARY  CORPORATION,
 THE  PORT  AUTHORITY SHALL PROVIDE NOTICE TO THE GOVERNOR OF EACH STATE,
 THE MAJORITY LEADER OF EACH HOUSE OF THE LEGISLATURE OF EACH STATE,  THE
 CHAIR  OF  THE  SENATE  FINANCE  COMMITTEE OF NEW YORK, THE CHAIR OF THE
 SENATE BUDGET AND APPROPRIATIONS COMMITTEE OF NEW JERSEY, THE  CHAIR  OF
 THE  ASSEMBLY WAYS AND MEANS COMMITTEE OF NEW YORK, AND THE CHAIR OF THE
 ASSEMBLY BUDGET COMMITTEE OF NEW JERSEY.  FOR PURPOSES OF THIS  SECTION,
 AS APPLICABLE TO NEW YORK STATE "MAJORITY LEADER" SHALL MEAN THE SPEAKER
 OF THE ASSEMBLY OF THE NEW YORK STATE LEGISLATURE OR TEMPORARY PRESIDENT
 OF  THE  SENATE OF THE NEW YORK STATE LEGISLATURE.  FOR PURPOSES OF THIS
 SECTION, AS APPLICABLE TO THE STATE  OF  NEW  JERSEY  "MAJORITY  LEADER"
 SHALL  MEAN  THE  PRESIDENT  OF THE SENATE OR THE SPEAKER OF THE GENERAL
 ASSEMBLY OF THE STATE OF NEW JERSEY.
   § 3. Subdivisions 3 and 4 of article 7-D of section 1 of  chapter  154
 of  the  laws of 1921 relating to the port authority of New York and New
 Jersey, as added by chapter 559 of the laws of 2015, are amended and two
 new subdivisions 5 and 6 are added to read as follows:
   3. Capital plan. A. The port authority shall adopt a ten-year  capital
 plan  that is developed using a comprehensive planning process and risk-
 based prioritization that considers  asset  condition,  operational  and
 revenue  impact,  threat assessment, customer service, regional benefit,
 and regulatory or statutory requirements.  The  capital  plan  shall  be
 dependent   upon  the  availability  of  sufficient  funding  and  other
 resources to pursue the capital projects proposed for the ten-year peri-
 od. Performance progress and revisions to reflect changes  in  programs,
 policies  and  projects  and the environment in which the port authority
 operates shall be reviewed regularly by a committee  designated  by  the
 board  of  commissioners,  and the capital plan shall be revised period-
 ically as necessary and appropriate, and  shall  be  reviewed  with  the
 board  of  commissioners  annually.  The port authority shall publish an
 annual report on the status of the capital program and such report shall
 be made publicly available on the port  authority's  website.  Prior  to
 adoption  of a capital plan, the port authority shall make such proposed
 plan available for public review and comments on its public website  for
 at  least  [two] FOUR weeks prior to approval, and all comments received
 are to be distributed to the board of commissioners for review prior  to
 consideration of the capital plan.
   B.  THE  PORT AUTHORITY SHALL ALSO PROVIDE THAT MAJOR CAPITAL PROJECTS
 ARE MONITORED BY INDEPENDENT ENGINEERING  CONSULTANTS.  THE  INDEPENDENT
 CONSULTANTS SHALL PREPARE ANNUAL REPORTS TO BE PROVIDED TO THE BOARD AND
 MADE AVAILABLE TO THE PUBLIC. THE ANNUAL REPORTS PREPARED BY INDEPENDENT
 CONSULTANTS SHALL INCLUDE, BUT NOT BE LIMITED TO, A COMPARISON OF ACTUAL
 AND TARGET PERFORMANCE MEASURES INCLUDING, BUT NOT LIMITED TO, COSTS AND
 CONSTRUCTION  SCHEDULES,  AND A NARRATIVE EXPLANATION OF ANY DISCREPANCY
 S. 2901                             6

 THEREOF. FOR THE PURPOSES OF THIS SECTION, "MAJOR CAPITAL PROJECT" MEANS
 AN UNDERTAKING OR PROGRAM FOR THE ACQUISITION, CREATION, OR  DEVELOPMENT
 OF  ANY  CROSSING,  TRANSPORTATION FACILITY, OR COMMERCE FACILITY OR ANY
 PART  THEREOF,  WITH  AN  ESTIMATED  TOTAL  PROJECT  COST  IN  EXCESS OF
 $500,000,000.
   C. NO LESS THAN 60 DAYS PRIOR TO ANY BOARD ADOPTION OF A CAPITAL  PLAN
 AS  DESCRIBED  IN PARAGRAPH A OF THIS SUBDIVISION, OR ANY MAJOR REVISION
 OF THE LAST ADOPTED CAPITAL PLAN, THE PORT AUTHORITY SHALL:  (1)  NOTIFY
 THE ASSEMBLY AND SENATE OF THE NEW YORK STATE LEGISLATURE AND THE GENER-
 AL ASSEMBLY AND SENATE OF THE NEW JERSEY STATE LEGISLATURE OF ITS INTEN-
 TION  TO ADOPT A CAPITAL PLAN, OR ANY MAJOR REVISION OF THE LAST ADOPTED
 CAPITAL PLAN; (2) SUBMIT TO THE ASSEMBLY AND  SENATE  OF  THE  NEW  YORK
 STATE  LEGISLATURE AND THE GENERAL ASSEMBLY AND SENATE OF THE NEW JERSEY
 STATE LEGISLATURE THE PROPOSED CAPITAL PLAN, OR ANY PROPOSAL  CONSTITUT-
 ING  A  MAJOR  REVISION  OF THE LAST ADOPTED CAPITAL PLAN, FOR REVIEW BY
 EACH STATE LEGISLATURE; AND (3) MAKE THE PROPOSED CAPITAL PLAN,  INCLUD-
 ING ANY PROPOSAL CONSTITUTING A MAJOR REVISION OF THE LAST ADOPTED CAPI-
 TAL PLAN, PUBLICLY AVAILABLE ON THE PORT AUTHORITY WEBSITE.
   D. WITHIN 60 DAYS OF THE NOTICE PROVIDED IN PARAGRAPH C OF THIS SUBDI-
 VISION,  THE  PORT  AUTHORITY  SHALL  CONDUCT A PUBLIC HEARING ABOUT THE
 CAPITAL PLAN OR ANY MAJOR REVISION THEREOF IN NEW YORK STATE AND IN  THE
 STATE OF NEW JERSEY.
   E.  THE PORT AUTHORITY SHALL CONDUCT A STATUS UPDATE PUBLIC HEARING IN
 NEW YORK STATE AND IN THE STATE OF NEW JERSEY AT LEAST ONCE  EVERY  YEAR
 AFTER  THE  ADOPTION  OF  THE  CAPITAL  PLAN BY THE PORT AUTHORITY. SUCH
 PUBLIC HEARING SHALL BE KNOWN AS "CAPITAL STATUS UPDATE HEARING" AND  AT
 SUCH  HEARING  THE  PORT  AUTHORITY  SHALL  PROVIDE  IN DETAIL A WRITTEN
 DESCRIPTION OF THE STATUS OF ALL CAPITAL PLAN PROJECTS AND THE COSTS AND
 THE EXPECTED COSTS OF THOSE PROJECTS. AT SUCH PUBLIC HEARING,  THE  PORT
 AUTHORITY  SHALL  PROVIDE A FINANCING PLAN THAT IDENTIFIES THE SOURCE OF
 FUNDING FOR EACH PROJECT. THE PORT AUTHORITY SHALL PROVIDE  AN  ANALYSIS
 THAT  COMPARES  ACTUAL  AND  TARGET PERFORMANCE MEASURES, AND A DETAILED
 WRITTEN EXPLANATION OF ANY DISCREPANCY THEREOF AT THE PUBLIC HEARING.
   4. Operating budget. The port authority shall prepare a detailed annu-
 al operating budget beginning with the fiscal year commencing after  the
 effective  date  of the chapter of the laws of [2015] 2023 which [added]
 AMENDED this article. A preliminary annual  operating  budget  shall  be
 made publicly available on the port authority's website in July of every
 fiscal  year  and a final annual operating budget shall be made publicly
 available in February of each fiscal year.
   5. PORT AUTHORITY TRANSPORTATION ADVISORY COMMITTEE. A. THERE IS HERE-
 BY ESTABLISHED A PORT AUTHORITY TRANSPORTATION ADVISORY COMMITTEE.   THE
 PURPOSE OF THE COMMITTEE SHALL BE TO FACILITATE COORDINATION BETWEEN AND
 AMONG  THE  TRANSPORTATION  AGENCIES  AND  OFFICIALS  IN EACH STATE THAT
 PROVIDE SERVICE OR  CONDUCT  BUSINESS  WITHIN  THE  PORT  DISTRICT.  THE
 COMMITTEE SHALL CONSIST OF 13 MEMBERS, TO BE APPOINTED AS FOLLOWS:
   (1)  ONE  INDIVIDUAL  APPOINTED JOINTLY BY THE CHAIR AND VICE-CHAIR OF
 THE PORT AUTHORITY;
   (2) THE EXECUTIVE DIRECTOR OF THE NEW JERSEY TRANSIT  CORPORATION,  EX
 OFFICIO, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
   (3)  THE  CHAIR OF THE METROPOLITAN TRANSPORTATION AUTHORITY, EX OFFI-
 CIO, OR THE CHAIR'S DESIGNEE;
   (4) THE COMMISSIONER OF THE NEW YORK CITY  DEPARTMENT  OF  TRANSPORTA-
 TION, EX OFFICIO, OR THE COMMISSIONER'S DESIGNEE;
   (5)  THE  CHAIRPERSON  OF  THE NATIONAL RAILROAD PASSENGER CORPORATION
 BOARD OF DIRECTORS, EX OFFICIO, OR THE CHAIRPERSON'S DESIGNEE;
 S. 2901                             7
 
   (6) THE COMMISSIONER OF THE NEW JERSEY DEPARTMENT  OF  TRANSPORTATION,
 EX OFFICIO, OR THE COMMISSIONER'S DESIGNEE;
   (7)  THE  COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF TRANSPORTA-
 TION, EX OFFICIO, OR THE COMMISSIONER'S DESIGNEE;
   (8) ONE INDIVIDUAL FROM THE NEW JERSEY EXECUTIVE BRANCH, APPOINTED  BY
 THE GOVERNOR OF NEW JERSEY;
   (9) ONE INDIVIDUAL FROM THE NEW YORK STATE EXECUTIVE BRANCH, APPOINTED
 BY THE GOVERNOR OF NEW YORK;
   (10) ONE INDIVIDUAL APPOINTED BY THE PRESIDENT OF THE NEW JERSEY STATE
 SENATE;
   (11)  ONE  INDIVIDUAL APPOINTED BY THE SPEAKER OF THE NEW JERSEY STATE
 GENERAL ASSEMBLY;
   (12) ONE INDIVIDUAL APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE  NEW
 YORK STATE SENATE; AND
   (13)  ONE  INDIVIDUAL  APPOINTED  BY THE SPEAKER OF THE NEW YORK STATE
 ASSEMBLY.
   B. THE INDIVIDUAL APPOINTED JOINTLY BY THE CHAIR AND VICE-CHAIR OF THE
 PORT AUTHORITY SHALL SERVE FOR A TERM OF THREE  YEARS.  THE  LEGISLATIVE
 APPOINTMENTS  SHALL  SERVE FOR A TERM OF TWO YEARS EACH. THE INDIVIDUALS
 APPOINTED FROM THE EXECUTIVE BRANCH OF NEW JERSEY AND FROM THE EXECUTIVE
 BRANCH OF NEW YORK SHALL SERVE AT THE PLEASURE OF EACH RESPECTIVE GOVER-
 NOR.
   C. VACANCIES IN THE MEMBERSHIP OF THE COMMITTEE SHALL BE FILLED IN THE
 SAME MANNER AS THE ORIGINAL APPOINTMENTS ARE MADE AND A  MEMBER  MAY  BE
 ELIGIBLE FOR REAPPOINTMENT. VACANCIES OCCURRING OTHER THAN BY EXPIRATION
 OF A TERM SHALL BE FILLED FOR THE UNEXPIRED TERM.
   D.  THE  MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION BUT
 SHALL BE REIMBURSED FOR REASONABLE EXPENSES NECESSARILY INCURRED IN  THE
 PERFORMANCE  OF  THEIR DUTIES WITHIN THE LIMITS OF FUNDS APPROPRIATED OR
 OTHERWISE MADE AVAILABLE TO THE COMMITTEE FOR ITS PURPOSES.
   E. THE INDIVIDUAL APPOINTED JOINTLY BY THE CHAIR AND VICE-CHAIR OF THE
 PORT AUTHORITY SHALL SERVE AS THE CHAIR OF THE COMMITTEE. THE  COMMITTEE
 MAY  APPOINT  A SECRETARY WHO NEED NOT BE A MEMBER OF THE COMMITTEE. THE
 COMMITTEE SHALL MEET QUARTERLY, AT A MINIMUM, TO  DISCUSS  THE  REGION'S
 TRANSPORTATION  NEEDS  AND  TO FACILITATE COORDINATION BETWEEN AND AMONG
 THE TRANSPORTATION AGENCIES AND OFFICIALS IN EACH  STATE  AND  THE  PORT
 DISTRICT IN FURTHERANCE OF THE REGION'S TRANSPORTATION NEEDS.
   F.  THE  COMMITTEE  AND EACH MEETING OF THE COMMITTEE SHALL SERVE AS A
 VEHICLE FOR EACH  COMMITTEE  MEMBER  TO  SHARE  INFORMATION  ABOUT  THAT
 MEMBER'S AGENCY AND THE AGENCY'S UPCOMING PLANS AND OBJECTIVES. PRIOR TO
 THE  COMMENCEMENT BY AN AGENCY REPRESENTED ON THE COMMITTEE OF ANY MAJOR
 CAPITAL PROJECT WITH AN ESTIMATED COST IN EXCESS  OF  $50  MILLION,  THE
 INDIVIDUAL  REPRESENTING  THAT  AGENCY  SHALL  NOTIFY ALL MEMBERS OF THE
 COMMITTEE.
   6. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS.  A.  IN  THE
 PERFORMANCE  OF  PROJECTS  PURSUANT TO THIS ARTICLE, MINORITY AND WOMEN-
 OWNED BUSINESS ENTERPRISES SHALL BE GIVEN THE OPPORTUNITY FOR MEANINGFUL
 PARTICIPATION. THE PORT AUTHORITY SHALL ESTABLISH QUANTIFIABLE STANDARDS
 AND MEASURES AND PROCEDURES, IN ACCORDANCE WITH THE FINDINGS OF  PERIOD-
 ICAL  DISPARITY  STUDIES  REGARDING  THE  PARTICIPATION  OF MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES IN  PORT  AUTHORITY  CONTRACTS,  TO  BE
 PREPARED  BY  AN  ENTITY  INDEPENDENT OF THE PORT AUTHORITY AND SELECTED
 THROUGH A REQUEST FOR PROPOSAL PROCESS,  TO  SECURE  MEANINGFUL  PARTIC-
 IPATION AND IDENTIFY THOSE CONTRACTS AND ITEMS OF WORK FOR WHICH MINORI-
 TY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES MAY BEST BID TO ACTIVELY AND
 AFFIRMATIVELY PROMOTE AND ASSIST THEIR PARTICIPATION IN PROJECTS, SO  AS
 S. 2901                             8
 
 TO  FACILITATE  THE  AWARD  OF  A FAIR SHARE OF CONTRACTS TO SUCH ENTER-
 PRISES; PROVIDED,  HOWEVER,  THAT  NOTHING  IN  THIS  ARTICLE  SHALL  BE
 CONSTRUED  TO  LIMIT  THE  ABILITY  OF THE PORT AUTHORITY TO ASSURE THAT
 QUALIFIED MINORITY AND WOMEN-OWNED  BUSINESS ENTERPRISES MAY PARTICIPATE
 IN  THE PROGRAM. FOR PURPOSES HEREOF, 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 OR OTHER VOTING INTEREST IS OWNED  BY  CITI-
 ZENS OR PERMANENT RESIDENT ALIENS WHO ARE BLACK, HISPANIC, ASIAN, AMERI-
 CAN  INDIAN,  PACIFIC  ISLANDER,  OR  ALASKAN NATIVE, AND SUCH OWNERSHIP
 INTEREST IS REAL, SUBSTANTIAL AND CONTINUING AND HAS  THE  AUTHORITY  TO
 INDEPENDENTLY  CONTROL  THE  DAY-TO-DAY BUSINESS DECISIONS OF THE ENTITY
 FOR AT LEAST  ONE YEAR; AND WOMEN-OWNED 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 OR OTHER VOTING INTERESTS OF WHICH IS OWNED BY CITI-
 ZENS OR PERMANENT RESIDENT ALIENS WHO  ARE  WOMEN,  AND  SUCH  OWNERSHIP
 INTEREST  IS  REAL,  SUBSTANTIAL AND CONTINUING AND HAS THE AUTHORITY TO
 INDEPENDENTLY CONTROL THE DAY-TO-DAY BUSINESS DECISIONS  OF  THE  ENTITY
 FOR  AT  LEAST ONE YEAR. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
 CONSTRUED TO LIMIT THE ABILITY OF ANY MINORITY  BUSINESS  ENTERPRISE  TO
 BID  ON  ANY  CONTRACT.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
 CONSTRUED TO REQUIRE THE  PORT  AUTHORITY  TO  ENGAGE  IN  ANY  UNLAWFUL
 CONDUCT IN SECURING MEANINGFUL PARTICIPATION OF MINORITY AND WOMEN-OWNED
 BUSINESS ENTERPRISES IN PORT AUTHORITY PROJECTS.
   B.    IN  ORDER  TO  IMPLEMENT THE REQUIREMENTS AND OBJECTIVES OF THIS
 SUBDIVISION, THE PORT AUTHORITY SHALL ESTABLISH  PROCEDURES  TO  MONITOR
 COMPLIANCE  WITH  PROVISIONS  HEREOF,  PROVIDE  ASSISTANCE  IN OBTAINING
 COMPETING QUALIFIED MINORITY AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  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.
   C.  THE  PORT  AUTHORITY  SHALL  PUBLISH  THE STANDARDS, MEASURES, AND
 PROCEDURES ESTABLISHED PURSUANT TO PARAGRAPHS A AND B OF  THIS  SUBDIVI-
 SION ON ITS WEBSITE, INCLUDING ANY DISPARITY STUDY CONDUCTED PURSUANT TO
 THIS SUBDIVISION.
   D. THE PORT AUTHORITY SHALL PREPARE AN ANNUAL REPORT ON THE NUMBER AND
 VALUE  OF  CONTRACTS AWARDED TO MINORITY AND WOMEN-OWNED BUSINESS ENTER-
 PRISES, WHICH SHALL BE PUBLISHED ON ITS WEBSITE.
   § 4. 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.
   §  5.  This  act  shall take effect upon the enactment into law by the
 state of New Jersey of legislation having an identical effect with  this
 act,  but  if  the  state  of New Jersey shall have already enacted such
 legislation this act shall take effect immediately. The chair  or  vice-
 chair  of the port authority as recommended by the governor of the state
 of New York shall notify the legislative bill drafting  commission  upon
 the  occurrence  of  the  enactment  of  the legislation provided for in
 sections one, two and three of this act in order that the commission may
 S. 2901                             9
 
 maintain an accurate and timely effective data base of the official text
 of the laws of the state of New York in furtherance of effectuating  the
 provisions  of section 44 of the legislative law and section 70-b of the
 public officers law.