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SECTION 1266
Special powers of the authority
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 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
transportation 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,
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 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, 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, 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. Upon the completion of any such transportation
assistance project or any part thereof or the termination 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 authority
or its designated subsidiary, as appropriate, with or without
consideration.

3. 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 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
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 (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. 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.

3-a. In furtherance of the authority's mandate to develop and
implement 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 transportation 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 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
including 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
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 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
executive and administrative functions and powers of each such
subsidiary. The chairman and executive director, if any, shall be
empowered to delegate his or her 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 twelve
hundred seventy-six 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.

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 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
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.

6-a. 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
corporations, 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 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 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
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 regulation
of the authority or its subsidiaries, or New York city transit authority
or its subsidiaries, 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
transportation law and the railroad law, respectively, 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,
maintain, 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
recommendations 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 agencies 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
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
authority, 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 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. 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
realized 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
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.

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,
reconstruction or rehabilitation of a transportation facility without
the consent of or payment to such city.

* 12-a. (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
thousand 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
reconstruct 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
property 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 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
alienation.

(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
paragraph. 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
subparagraph (ii) of this paragraph, shall consider only the reasonably
anticipated 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.

(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.

* NB Repealed December 31, 2025

13. The authority and each of its subsidiary corporations shall place
on each transformer and substation which contains polychlorinated
biphenyls (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
register 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
Commuter 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 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
Disabilities Act paratransit eligible individual the personal care
attendant shall have the same origin and destination as such paratransit
eligible individual.

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. In connection with their lawful responsibilities or functions, the
authority and its subsidiaries, including Metro-North Commuter Railroad,
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 applying 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
subsidiary shall submit such fingerprints and the processing fee to the
division. The division shall forward to the authority or the requesting
affiliate or subsidiary a report with respect to the applicant's
previous 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
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.