S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7812
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public authorities law, in relation to  establishing
   the metropolitan transportation authority control board
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and declaration. The legislature here-
 by finds and declares that the metropolitan transportation authority  is
 facing  a  severe  fiscal crisis, and that the crisis cannot be resolved
 absent assistance from the state. The legislature finds that the author-
 ity has repeatedly relied on annual extraordinary increases in state aid
 as well as cost increases passed on to taxpayers and  its  customers  to
 balance  its budget, and that the state and taxpayers cannot continue to
 take such extraordinary actions on the authority's behalf. The  legisla-
 ture further finds and declares that maintenance of a balanced budget by
 the  metropolitan  transportation  authority  is  a matter of overriding
 state concern, requiring the legislature to intervene to provide a means
 whereby: the  long-term  fiscal  stability  of  the  authority  will  be
 assured,  the core infrastructure investment needs of the authority will
 be met, the confidence of investors in the authority's bonds  and  notes
 is  preserved,  the  burden  to taxpayers of untenable cost increases is
 lifted and the economy of both the region and the state as  a  whole  is
 protected.
   §  2. The public authorities law is amended by adding two new sections
 1279-m and 1279-n to read as follows:
   §  1279-M.  METROPOLITAN  TRANSPORTATION  AUTHORITY   CONTROL   BOARD;
 CREATION;   PROCEDURE.  1.  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY
 CONTROL BOARD IS HEREBY CREATED TO HAVE AND EXERCISE THE POWERS,  DUTIES
 AND  PREROGATIVES  PROVIDED  BY  THE  PROVISIONS OF THIS CHAPTER AND ANY
 OTHER PROVISION OF LAW.
   2. THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF FIVE PERSONS APPOINTED
 BY THE GOVERNOR, OF WHICH ONE SHALL BE UPON THE  RECOMMENDATION  OF  THE
 TEMPORARY  PRESIDENT  OF  THE SENATE, ONE UPON THE RECOMMENDATION OF THE
 SPEAKER OF THE ASSEMBLY, ONE UPON THE  RECOMMENDATION  OF  THE  MINORITY
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04921-01-5
 A. 7812                             2
 
 LEADER  OF  THE  SENATE  AND ONE UPON THE RECOMMENDATION OF THE MINORITY
 LEADER OF THE ASSEMBLY. THE TERM OF THE MEMBERS  FIRST  APPOINTED  SHALL
 CONTINUE  FOR  TWENTY-FOUR  MONTHS  AFTER  THE INITIAL APPOINTMENT. UPON
 RECOMMENDATION  OF  THE  NOMINATING  PARTY, THE GOVERNOR MAY REPLACE ANY
 MEMBER IN  ACCORDANCE  WITH  THE  PROVISION  CONTAINED  HEREIN  FOR  THE
 APPOINTMENT  OF MEMBERS. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS
 TO SERVE AS CHAIRPERSON.  THE BOARD SHALL ACT BY UNANIMOUS VOTE  OF  THE
 VOTING  MEMBERS  OF  THE  BOARD. ANY DETERMINATION OF THE BOARD SHALL BE
 EVIDENCED BY A CERTIFICATION THEREOF EXECUTED BY ALL THE VOTING MEMBERS.
 EACH MEMBER OF THE BOARD SHALL BE ENTITLED TO DESIGNATE A REPRESENTATIVE
 TO ATTEND MEETINGS OF THE BOARD IN SUCH MEMBER'S PLACE, AND TO  VOTE  OR
 OTHERWISE  ACT  ON SUCH MEMBER'S BEHALF IN SUCH MEMBER'S ABSENCE. NOTICE
 OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO THE  BOARD  BY  THE
 DESIGNATING  MEMBER. A REPRESENTATIVE SHALL SERVE AT THE PLEASURE OF THE
 DESIGNATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A  REPRESENTATIVE
 SHALL  NOT BE AUTHORIZED TO DELEGATE ANY OF SUCH REPRESENTATIVE'S DUTIES
 OR FUNCTIONS TO ANY OTHER PERSON.
   3.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  LAW,  GENERAL,
 SPECIAL  OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OF ANY POLITICAL
 SUBDIVISION OF THE STATE,  OF  ANY  GOVERNMENTAL  ENTITY  OPERATING  ANY
 PUBLIC SCHOOL OR COLLEGE OR OF ANY OTHER PUBLIC AGENCY OR INSTRUMENTALI-
 TY  OR  UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER THE
 LAWS OF THE STATE, SHALL FORFEIT SUCH OFFICE OR EMPLOYMENT BY REASON  OF
 ACCEPTANCE OR APPOINTMENT AS A MEMBER, REPRESENTATIVE, OFFICER, EMPLOYEE
 OR  AGENT OF THE BOARD NOR SHALL SERVICE AS SUCH MEMBER, REPRESENTATIVE,
 OFFICER, EMPLOYEE OR AGENT OF THE BOARD BE  DEEMED  INCOMPATIBLE  OR  IN
 CONFLICT  WITH  SUCH  OFFICE OR EMPLOYMENT. THE MEMBERS, THEIR REPRESEN-
 TATIVES, OFFICERS AND STAFF TO THE BOARD SHALL BE DEEMED EMPLOYEES WITH-
 IN THE MEANING OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
   4. THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT  SALARY  OR  PER  DIEM
 ALLOWANCE  BUT  SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECES-
 SARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSUANT TO
 THIS SECTION OR OTHER PROVISION  OF  LAW,  PROVIDED  HOWEVER  THAT  SUCH
 MEMBERS  AND  REPRESENTATIVES  ARE  NOT,  AT  THE TIME SUCH EXPENSES ARE
 INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
   § 1279-N. POWERS, FUNCTIONS AND DUTIES OF THE METROPOLITAN TRANSPORTA-
 TION AUTHORITY CONTROL BOARD; LIMITATIONS. 1. THE METROPOLITAN TRANSPOR-
 TATION AUTHORITY CONTROL BOARD SHALL HAVE THE POWER AND IT SHALL BE  ITS
 DUTY   TO  RECEIVE  APPLICATIONS  FOR  APPROVAL  OF  THE  FINANCING  AND
 CONSTRUCTION OF ANY PROJECT PROPOSED BY THE METROPOLITAN  TRANSPORTATION
 AUTHORITY.  ANY  APPLICATION MADE CONCERNING A PROJECT SHALL INCLUDE THE
 TERMS, CONDITIONS AND DATES OF THE  REPAYMENT  OF  STATE  APPROPRIATIONS
 AUTHORIZED  BY  LAW PURSUANT TO A REPAYMENT AGREEMENT. ANY SUBSIDIARY OF
 THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL ALSO BE SUBJECT  TO  THE
 PROVISIONS  OF  THIS  SECTION.  ALL  APPLICATIONS AND SUBMISSIONS TO THE
 BOARD REQUIRED TO BE MADE BY A SUBSIDIARY SHALL BE  MADE  ON  BEHALF  OF
 SUCH SUBSIDIARY BY THE METROPOLITAN TRANSPORTATION AUTHORITY. THE METRO-
 POLITAN  TRANSPORTATION  AUTHORITY  SHALL NOT MAKE ANY COMMITMENT, ENTER
 INTO ANY AGREEMENT OR INCUR ANY INDEBTEDNESS FOR THE PURPOSE OF  ACQUIR-
 ING,  CONSTRUCTING,  OR  FINANCING ANY PROJECT UNLESS PRIOR APPROVAL HAS
 BEEN RECEIVED FROM THE BOARD.
   2. THE BOARD MAY REQUIRE AS PART OF SUCH APPLICATION SUCH  INFORMATION
 AS  IT  DEEMS  NECESSARY  AND  SHALL  ACT UPON SUCH APPLICATION WITHIN A
 REASONABLE TIME. THE BOARD SHALL FURNISH THE STATE  COMPTROLLER  WITH  A
 COPY OF EACH SUCH APPLICATION WITHIN THREE DAYS FOLLOWING RECEIPT THERE-
 OF  BY THE BOARD. THE BOARD SHALL NOT APPROVE ANY SUCH APPLICATION PRIOR
 A. 7812                             3
 
 TO THE EARLIER OF (A) SEVEN DAYS FOLLOWING  THE  RECEIPT  BY  THE  STATE
 COMPTROLLER  OF  SUCH APPLICATION OR (B) THE RECEIPT BY THE BOARD OF THE
 STATE COMPTROLLER'S COMMENTS ON  THE  APPLICATION  OR  THE  STATE  COMP-
 TROLLER'S  CONSENT  TO AN EARLIER DETERMINATION BY THE BOARD.  REFERENCE
 TO THE STATE COMPTROLLER IN THIS SUBDIVISION SHALL INCLUDE  ANY  AUTHOR-
 IZED REPRESENTATIVE OF THE STATE COMPTROLLER.
   3.  THE  BOARD  MAY  APPROVE  APPLICATIONS ONLY UPON ITS DETERMINATION
 THAT, WITH RELATION TO ANY PROPOSED PROJECT, THERE  ARE  COMMITMENTS  OF
 FUNDS  SUFFICIENT  TO  FINANCE  THE ACQUISITION AND CONSTRUCTION OF SUCH
 PROJECT. IN DETERMINING THE SUFFICIENCY OF  COMMITMENTS  OF  FUNDS,  THE
 BOARD  MAY  CONSIDER  COMMITMENTS OF FUNDS, PROJECTIONS OF FEES OR OTHER
 REVENUES AND SECURITY, WHICH  MAY,  IN  THE  DISCRETION  OF  THE  BOARD,
 INCLUDE COLLATERAL SECURITY SUFFICIENT TO RETIRE A PROPOSED INDEBTEDNESS
 OR  PROTECT  OR  INDEMNIFY  AGAINST POTENTIAL LIABILITIES PROPOSED TO BE
 UNDERTAKEN. A COPY OF SUCH DETERMINATION SHALL BE SUBMITTED TO THE CHIEF
 EXECUTIVE OFFICER OF THE METROPOLITAN TRANSPORTATION AUTHORITY  AND  THE
 STATE COMPTROLLER.
   3-A.  THE  BOARD  SHALL  NOT  APPROVE  RECOVERY ACT BONDS APPLICATIONS
 PROVIDED BY THE STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY UNLESS  THE
 BOARD  FINDS  SUFFICIENT INTEREST RATE AND OTHER SAVINGS TO EACH PARTIC-
 IPATING MUNICIPALITY.
   4. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, THE  REQUIRE-
 MENTS OF SUBDIVISIONS ONE, TWO, THREE, AND THREE-A OF THIS SECTION SHALL
 NOT  APPLY WITH REGARD TO ANY PROJECT OF THE METROPOLITAN TRANSPORTATION
 AUTHORITY IN PROGRESS AS OF THE  EFFECTIVE  DATE  OF  THIS  SECTION,  AS
 DETERMINED  BY  THE  METROPOLITAN TRANSPORTATION AUTHORITY CONTROL BOARD
 WHOSE AFFIRMATIVE DETERMINATION SHALL BE CONCLUSIVE AS TO ALL MATTERS OF
 LAW AND FACT FOR THE PURPOSE OF THE LIMITATIONS OF THIS SECTION.
   5. NOTHING CONTAINED IN  SUBDIVISIONS  ONE,  TWO  AND  THREE  OF  THIS
 SECTION  SHALL  LIMIT THE RIGHT OR OBLIGATION OF THE METROPOLITAN TRANS-
 PORTATION AUTHORITY TO  COMPLY  WITH  THE  PROVISIONS  OF  ANY  EXISTING
 CONTRACT,  INCLUDING ANY EXISTING LABOR CONTRACT OR CONTRACT WITH OR FOR
 THE BENEFIT OF THE HOLDERS OF ANY OBLIGATIONS OF THE METROPOLITAN TRANS-
 PORTATION AUTHORITY.
   6. THE BOARD MAY PARTICIPATE IN ANY MEETING OF THE AUTHORITY HELD  FOR
 THE PURPOSE OF NEGOTIATIONS WITH LABOR ORGANIZATIONS AND/OR THE CREATION
 OF ANY LABOR CONTRACT ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
   7.  A MEMBER OF THE BOARD SHALL VOTE WITHIN THE SCOPE OF SUCH MEMBER'S
 LEGAL AUTHORITY. THE LEGAL AUTHORITY OF A MEMBER OF THE  BOARD  PURSUANT
 TO  THIS SECTION IS SOLELY TO DETERMINE WHETHER THE AUTHORITY HAS DEMON-
 STRATED THAT THERE IS THE COMMITMENT OF FUNDS SUFFICIENT TO FINANCE  THE
 ACQUISITION AND CONSTRUCTION OF THE PROJECT SUBJECT TO APPROVAL. FAILURE
 OF  A  MEMBER  TO VOTE WITHIN THE SCOPE OF SUCH MEMBER'S LEGAL AUTHORITY
 CONSTITUTES A VIOLATION OF THE PUBLIC'S TRUST FOR THE PURPOSES OF  PARA-
 GRAPH H OF SUBDIVISION THREE OF SECTION SEVENTY-FOUR OF THE PUBLIC OFFI-
 CERS  LAW.  AS  THE  APPOINTING  AUTHORITY,  THE  GOVERNOR  HAS THE FULL
 DISCRETION TO IMMEDIATELY REMOVE A MEMBER  OF  THE  BOARD  THE  GOVERNOR
 FINDS  TO  BE  ACTING,  OR  THREATENING TO ACT, BEYOND THE SCOPE OF SUCH
 MEMBER'S LEGAL AUTHORITY SET FORTH HEREIN.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.