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This entry was published on 2019-12-20
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SECTION 1279-E
Assignment, transfer, sharing or consolidating powers, functions or activities
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1279-e. Assignment, transfer, sharing or consolidating powers,
functions or activities. 1. (a) Notwithstanding any provision of this
title or any other provision of law, general, special or local, the
authority shall develop and complete a personnel and reorganization plan
no later than June thirtieth, two thousand nineteen which shall, in
whole or in part, assign, transfer, share, or consolidate any one or
more of its powers, duties, functions or activities or any department,
division or office established therewith, or any of those of its
subsidiaries, or affiliates or their subsidiaries, within or between
itself, its subsidiaries or affiliates or their subsidiaries, including,
but not limited to the New York City Transit Authority, the Long Island
Rail Road, the Metro North Commuter Railroad Company, MTA Capital
Construction, MTA New York City Bus, Triborough bridge and tunnel
authority, and the MTA Staten Island Railway, in a manner consistent
with the provisions of this section. Such plan shall identify common
functions and assign, transfer, share or consolidate, in whole or in
part, such functions between the authority and its subsidiaries,
affiliates and subsidiaries of affiliates and shall be accompanied by an
independent evaluation of existing personnel within or between itself,
its subsidiaries, or affiliates or their subsidiaries in coordination
with the authority's senior management. This plan shall be approved by
the board of the authority by July thirtieth, two thousand nineteen.
Upon such approval, the board shall also appoint a director of MTA
transformation whose responsibilities shall include implementing the
personnel and reorganization plan and reporting directly to the board
regarding the director's activities.

(b) Upon receipt of the review pursuant to section twelve hundred
seventy-nine-f of this title the authority shall revise the personnel
and reorganization plan to consider and incorporate the findings of such
review within ninety days of receipt. Such revised personnel and
reorganization plan shall be approved by the board of the authority.

2. Such assignment, transfer, sharing, or consolidation pursuant to
this section shall occur only if approved by resolution of the board of
the authority, serving on behalf of the authority and any affected
subsidiary or affiliate or their subsidiary, 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. Pursuant to this section, any such assigning, transferring,
sharing, 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.
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. No consolidation shall result in the complete dissolution or merger
within or between the authority or its subsidiaries, affiliates or their
subsidiaries.