Senate Bill S20A

2023-2024 Legislative Session

Enacts the rider representation act relating to membership on the board of the metropolitan transportation authority

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2024	print number 20a
Jan 08, 2024	amend (t) and recommit to transportation
Jan 03, 2024	referred to transportation
Jan 04, 2023	referred to transportation

Bill Amendments

Original

A (Active)

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2023-S20 - Details

See Assembly Version of this Bill:: A923
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3837, A6770
2021-2022: S2889, A1603
2025-2026: S1148, A1162

2023-S20 - Summary

Increases membership on the board of the metropolitan transportation authority, including members representative of commuters' advisory councils.

2023-S20 - Sponsor Memo

                                 
BILL NUMBER: S20

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to membership on
the board of the metropolitan transportation authority

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will add four rider representatives to the MTA Board as
voting members.

 
SUMMARY OF PROVISIONS:

Sections one and two of this bill amend Public Authorities Law section
1263(a)(1) to add four new voting members and three non-voting members
to the MTA Board. This will increase the total number of voting members
to 20, plus the chairperson. The new voting members will be rider repre-
sentatives. Each of the following rider councils will have one voting
representative on the MTA Board. (1) the New York City Transit Authority
Advisory Council, (2) the Metro-North Rail Commuter Council, (3) the

Long Island Rail Road Commuter Council, and (4) the MTA New York City
Transit Paratransit Advisory Committee. The first three Commuter Coun-
cils listed above were non-voting members of the MTA Board.

Sections one and two of this bill also amends Public Authorities Law
section 1263(a)(1) to increase the number of non-voting members to the
MTA board from two to three and to eliminate the four alternate non-vot-
ing members. The three non-voting members are from the following labor
organizations that represent the majority of the employees employed by
(1) the New York City Transit Authority, (2) the Long Island Rail Road,
and (3) the Metro-North Commuter Railroad Company.

Finally, sections one and two change the term "chairman" to "chair-
person."

Sections three and five of this bill make technical amendments to
reflect the change in the number of non-voting MTA Board members and to
change the term "chairman" to "chairperson."

Sections four, six, and seven are technical amendments to change the
term "chairman" to "chairperson."

Section eight of this bill provides that this act shall take effect
immediately; provided that the amendments to paragraph (a) of subdivi-
sion 1 of section 1263 of the public authorities law made by section one
of this act shall be subject to the expiration and reversion of such
paragraph pursuant to section 3 of chapter 549 of the laws of 1994, as
amended, when upon such date the provisions of section two of this act
shall take effect; and provided further that the amendments to paragraph
(b) of subdivision 4 of section 1263 of the public authorities law made
by section five of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of chapter 549 of
the laws of 1994, as amended, when upon such date the provisions of
section six of this act shall take effect.

 
EXISTING LAW:

Currently, the MTA Board consists of the chair, 16 voting members, two
non-voting members and four alternate non-voting members. The commuter
council representatives, as well as the representatives from the labor
organizations, are non-voting members.

 
JUSTIFICATION:

The MTA Board drives the policies and procedures for the entire MTA
system, which includes the New York City Transit Authority, the Long
Island Rail Road, and the Metro-North Commuter Railroad Company. The New
York City Transit Authority plays a vital role in transporting individ-
uals throughout the five boroughs, and the Long Island Rail Road and the
Metro-North Commuter Railroad Company play vital roles in transporting
people who live outside New York City into it.

Unfortunately, the commuter councils for the New York City Transit
Authority, the Long Island Rail Road, and the Metro-North Commuter Rail-
road Company and the MTA New York City Transit Paratransit Advisory
Committee do not have voting membership on the MTA Board.  The Board can
no longer make decisions without providing its riders with an adequate
voice. This legislation will provide a voice for riders who are repres-
ented by the New York City Transit Authority Advisory Council, the
Metro-North Rail Commuter Council, the Long Island Rail Road Commuter
Council, and the MTA New York City Transit Paratransit Advisory Commit-
tee.

On its website, the MTA states "The MTA network comprises the nation's
largest bus fleet and more subway and commuter rail cars than all other
U.S. transit systems combined. It provides over 2.6 billion trips each
year, accounting for about one-third of the nation's mass transit users
and two-thirds its commuter rail passengers." With more than 2.6 billion
trips a year, it is safe to say that a significant number of people rely
on the MIA's services. We need to ensure that their voices are heard and
that their issues are discussed by the full MTA board.

 
PRIOR LEGISLATIVE HISTORY:

2022: S2889 - Referred to Transportation

2021: S2889 - Referred to Transportation

2020: S3837A - Referred to Transportation

2019: S3837 - Died in Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S20 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    20
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. GOUNARDES, CLEARE, GIANARIS, KAVANAGH, RAMOS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Transportation
 
 AN ACT to amend the public authorities law, in relation to membership on
   the board of the metropolitan transportation authority
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  1 of section 1263 of the
 public authorities law, as amended by chapter 549 of the  laws  of  1994
 and  subparagraph  1  as amended by section 1 of part E of chapter 39 of
 the laws of 2019, is amended to read as follows:
   (a) (1) There  is  hereby  created  the  "metropolitan  transportation
 authority."  The authority shall be a body corporate and politic consti-
 tuting  a  public  benefit corporation. The authority shall consist of a
 [chairman] CHAIRPERSON, [sixteen] TWENTY other voting members, and [two]
 THREE non-voting [and four alternate non-voting members],  as  described
 in  subparagraph  two of this paragraph appointed by the governor by and
 with the advice and consent of the senate. Any  member  appointed  to  a
 term commencing on or after June thirtieth, two thousand nine shall have
 experience in one or more of the following areas: transportation, public
 administration, business management, finance, accounting, law, engineer-
 ing,  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. Four of the [sixteen]
 TWENTY voting members other than the  [chairman]  CHAIRPERSON  shall  be
 appointed  on the written recommendation of the mayor of the city of New
 York; ONE OF THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL
 BE  APPOINTED ON THE WRITTEN RECOMMENDATION OF THE NEW YORK CITY TRANSIT
 AUTHORITY ADVISORY COUNCIL; ONE OF THE TWENTY VOTING MEMBERS OTHER  THAN
 THE  CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00710-01-3
 S. 20                               2
 
 METRO-NORTH RAIL COMMUTER COUNCIL; ONE  OF  THE  TWENTY  VOTING  MEMBERS
 OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDA-
 TION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL; ONE OF THE TWENTY
 VOTING  MEMBERS  OTHER  THAN  THE  CHAIRPERSON SHALL BE APPOINTED ON THE
 WRITTEN RECOMMENDATION OF THE MTA NEW YORK  CITY  TRANSIT'S  PARATRANSIT
 ADVISORY COMMITTEE'S SELECTION COMMITTEE; and each of seven other voting
 members  other  than the [chairman] CHAIRPERSON shall be appointed after
 selection from a written list of three recommendations  from  the  chief
 executive  officer  of  the  county  in  which  the particular 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 resident 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,  provided  that  the term of any member who is a resident of a
 county that has withdrawn from the metropolitan commuter  transportation
 district pursuant to section twelve hundred seventy-nine-b of this title
 shall terminate upon the effective date of such county's withdrawal from
 such  district.  Of  the  five voting members, other than the [chairman]
 CHAIRPERSON, appointed by the governor without recommendation  from  any
 other  person,  three shall be, at the time of appointment, residents of
 the city of New York and two shall be, at the time of appointment, resi-
 dents of such city or of any  of  the  aforementioned  counties  in  the
 metropolitan   commuter   transportation   district.  Provided  however,
 notwithstanding the foregoing residency requirement,  one  of  the  five
 voting members appointed by the governor without recommendation from any
 other person, other than the [chairman] CHAIRPERSON, may be the director
 of the New York state division of the budget, and provided further that,
 in  the  event  of such appointment, the budget director's membership in
 the authority shall be deemed ex-officio. The [chairman] CHAIRPERSON and
 each of the members shall be appointed for a term of six years, provided
 however, that the [chairman] CHAIRPERSON first appointed shall serve for
 a term ending June thirtieth, nineteen hundred eighty-one, provided that
 thirty days after the effective date of the chapter of the laws  of  two
 thousand  nine  which amended this subparagraph, the term of the [chair-
 man] CHAIRPERSON shall expire; provided, further, that  such  [chairman]
 CHAIRPERSON  may  continue  to discharge the duties of his or her office
 until the position of [chairman] CHAIRPERSON is filled by appointment by
 the governor upon the advice and consent of the senate and the  term  of
 such  new  [chairman]  CHAIRPERSON  shall  terminate June thirtieth, two
 thousand fifteen. The [sixteen] TWENTY  other  members  first  appointed
 shall  serve  for  the following terms: The members from the counties of
 Nassau and Westchester shall each serve for a term ending  June  thirti-
 eth,  nineteen  hundred  eighty-five;  the  members  from  the county of
 Suffolk and from the counties of Dutchess, Orange, Putnam  and  Rockland
 shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
 ninety-two; two of the members appointed on recommendation of the  mayor
 of  the city of New York shall each serve for a term ending June thirti-
 eth, nineteen hundred eighty-four and, two shall each serve for  a  term
 ending  June  thirtieth, nineteen hundred eighty-one; two of the members
 appointed by the governor without the recommendation of any other person
 shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
 eighty-two, two shall each serve for a term ending June thirtieth, nine-
 teen  hundred  eighty and one shall serve for a term ending June thirti-
 S. 20                               3
 
 eth, nineteen hundred eighty-five; THE MEMBER APPOINTED BY THE  GOVERNOR
 ON  RECOMMENDATION OF THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUN-
 CIL SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO  THOUSAND  TWENTY-
 SEVEN;  THE  MEMBER  APPOINTED  BY THE GOVERNOR ON RECOMMENDATION OF THE
 METRO-NORTH RAIL COMMUTER COUNCIL SHALL SERVE FOR  A  TERM  ENDING  JUNE
 THIRTIETH, TWO THOUSAND TWENTY-SEVEN; THE MEMBER APPOINTED BY THE GOVER-
 NOR  ON  RECOMMENDATION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL
 SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-SEVEN;
 AND THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION  OF  THE  MTA
 NEW YORK CITY TRANSIT'S PARATRANSIT ADVISORY COMMITTEE SELECTION COMMIT-
 TEE'S  SHALL  SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWEN-
 TY-SEVEN. [The two non-voting  and  four  alternate  non-voting  members
 shall serve until January first, two thousand one.] The members from the
 counties of Dutchess, Orange, Putnam and Rockland shall cast one collec-
 tive vote.
   (2)  There shall be [two] THREE non-voting members [and four alternate
 non-voting members] of the authority, as referred to in subparagraph one
 of this paragraph.
   The first non-voting member shall be [a regular mass transit  user  of
 the  facilities  of  the authority and be recommended to the governor by
 the New York city transit authority advisory council. The  first  alter-
 nate  non-voting  member  shall  be  a  regular mass transit user of the
 facilities of the authority and be recommended to the  governor  by  the
 Metro-North  commuter  council.  The  second alternate 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's council.
   The second 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 [third alternate]  SECOND  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the majority of employees of the New York city transit authority.
 The [fourth alternate] THIRD non-voting member shall be  recommended  to
 the  governor  by  the  labor  organization representing the majority of
 employees of the Metro-North Commuter Railroad Company.  The  [chairman]
 CHAIRPERSON  of  the  authority,  at  his  OR HER direction, may exclude
 [such] ANY non-voting  member  [or  alternate  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  discussing negotiations with labor
 organizations.
   [The non-voting  member  and  the  two  alternate  non-voting  members
 representing  the New York York city transit authority advisory council,
 the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
 commuter's  council  shall  serve  eighteen  month rotating terms, after
 which time an alternate non-voting member shall  become  the  non-voting
 member  and  the rotation shall continue until each alternate member has
 served at least one eighteen month term  as  a  non-voting  member.  The
 other  non-voting  member  and alternate non-voting members representing
 the New York  city  transit  authority,  Metro-North  Commuter  Railroad
 Company,  and  the Long Island Rail Road labor organizations shall serve
 eighteen month rotating terms, after which time an alternate  non-voting
 member shall become the non-voting member and the rotation shall contin-
 ue  until  each  alternate member has served at least one eighteen month
 term as a non-voting member. The  transit  authority  and  the  commuter
 S. 20                               4

 railroads  shall  not  be represented concurrently by the two non-voting
 members during any such eighteen month period.]
   §  2.  Paragraph  (a)  of  subdivision 1 of section 1263 of the public
 authorities law, as amended by section 2 of part E of chapter 39 of  the
 laws of 2019, is amended to read as follows:
   (a)  There is hereby created the "metropolitan transportation authori-
 ty." The authority shall be a body corporate and politic constituting  a
 public  benefit corporation. The authority shall consist of a [chairman]
 CHAIRPERSON and [sixteen] TWENTY other members appointed by the governor
 by and with the advice and consent of the senate. Any  member  appointed
 to a term commencing on or after June thirtieth, two thousand nine shall
 have  experience  in  one  or  more of the following areas of expertise:
 transportation, public  administration,  business  management,  finance,
 accounting,  law,  engineering,  land  use, urban and regional planning,
 management of large capital projects, labor relations, or  have  experi-
 ence  in  some  other  area  of  activity  central to the mission of the
 authority. Four of the [sixteen] TWENTY members other than  the  [chair-
 man] CHAIRPERSON shall be appointed on the written recommendation of the
 mayor  of  the  city of New York; ONE OF THE TWENTY VOTING MEMBERS OTHER
 THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF
 THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL; ONE OF THE  TWENTY
 VOTING  MEMBERS  OTHER  THAN  THE  CHAIRPERSON SHALL BE APPOINTED ON THE
 WRITTEN RECOMMENDATION OF THE METRO-NORTH RAIL COMMUTER COUNCIL; ONE  OF
 THE  TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED
 ON THE WRITTEN RECOMMENDATION OF THE LONG ISLAND  RAIL  ROAD  COMMUTER'S
 COUNCIL;  ONE  OF  THE  TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON
 SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF  THE  MTA  NEW  YORK
 CITY TRANSIT'S PARATRANSIT ADVISORY COMMITTEE'S SELECTION COMMITTEE; and
 each  of seven other members other than the [chairman] CHAIRPERSON shall
 be appointed after selection from a written list  of  three  recommenda-
 tions  from  the  chief  executive  officer  of  the county in which the
 particular 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 resident of the county  of  Westchester;
 and  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 resi-
 dent of the county of Rockland, provided that the term of any member who
 is a resident of a county  that  has  withdrawn  from  the  metropolitan
 commuter  transportation  district  pursuant  to  section twelve hundred
 seventy-nine-b of this title shall terminate upon the effective date  of
 such  county's withdrawal from such district. Of the five members, other
 than the [chairman]  CHAIRPERSON,  appointed  by  the  governor  without
 recommendation  from  any  other  person, three shall be, at the time of
 appointment, residents of the city of New York and two shall be, at  the
 time  of  appointment, residents of such city or of any of the aforemen-
 tioned counties in the metropolitan  commuter  transportation  district.
 Provided  however,  notwithstanding the foregoing residency requirement,
 one of the five voting members appointed by the governor without  recom-
 mendation  from any other person, other than the [chairman] CHAIRPERSON,
 may be the director of the New York state division of  the  budget,  and
 provided  further  that,  in  the  event of such appointment, the budget
 director's membership in the authority shall be deemed ex-officio.   The
 [chairman]  CHAIRPERSON and each of the members shall be appointed for a
 term of six years, provided however,  that  the  [chairman]  CHAIRPERSON
 S. 20                               5
 
 first  appointed  shall serve for a term ending June thirtieth, nineteen
 hundred eighty-one, provided that thirty days after the  effective  date
 of the chapter of the laws of two thousand nine which amended this para-
 graph,  the  term  of the [chairman] CHAIRPERSON shall expire; provided,
 further, that such [chairman] CHAIRPERSON may continue to discharge  the
 duties of his OR HER office until the position of [chairman] CHAIRPERSON
 is  filled by appointment by the governor upon the advice and consent of
 the senate and the term of such new [chairman] CHAIRPERSON shall  termi-
 nate  June  thirtieth,  two thousand fifteen. The [sixteen] TWENTY other
 members first appointed shall serve for the following terms: The members
 from the counties of Nassau and Westchester shall each serve for a  term
 ending  June  thirtieth,  nineteen hundred eighty-five; the members from
 the county of Suffolk and from the counties of Dutchess, Orange,  Putnam
 and Rockland shall each serve for a term ending June thirtieth, nineteen
 hundred  ninety-two;  two  of the members appointed on recommendation of
 the mayor of the city of New York shall each serve  for  a  term  ending
 June  thirtieth,  nineteen hundred eighty-four and, two shall each serve
 for a term ending June thirtieth, nineteen hundred  eighty-one;  two  of
 the  members appointed by the governor without the recommendation of any
 other person shall each serve for a term ending June thirtieth, nineteen
 hundred eighty-two, two shall each serve for a term ending June  thirti-
 eth,  nineteen hundred eighty and one shall serve for a term ending June
 thirtieth, nineteen hundred eighty-five; THE  MEMBER  APPOINTED  BY  THE
 GOVERNOR  ON RECOMMENDATION OF THE NEW YORK CITY TRANSIT AUTHORITY ADVI-
 SORY COUNCIL SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO  THOUSAND
 TWENTY-SEVEN;  THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF
 THE METRO-NORTH RAIL COMMUTER COUNCIL SHALL SERVE FOR A TERM ENDING JUNE
 THIRTIETH, TWO THOUSAND TWENTY-SEVEN; THE MEMBER APPOINTED BY THE GOVER-
 NOR ON RECOMMENDATION OF THE LONG ISLAND RAIL  ROAD  COMMUTER'S  COUNCIL
 SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-SEVEN;
 AND  THE  MEMBER  APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF THE MTA
 NEW YORK  CITY  TRANSIT'S  PARATRANSIT  ADVISORY  COMMITTEE'S  SELECTION
 COMMITTEE  SHALL  SERVE  FOR  A TERM ENDING JUNE THIRTIETH, TWO THOUSAND
 TWENTY-SEVEN. The members from the counties of Dutchess, Orange,  Putnam
 and Rockland shall cast one collective vote.
   §  3. Subdivision 2 of the section 1263 of the public authorities law,
 as amended by chapter 55 of the laws of 1992,  is  amended  to  read  as
 follows:
   2.  The  [chairman]  CHAIRPERSON  and the first vice [chairman] CHAIR-
 PERSON 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 [chairman] CHAIRPERSON and the first vice  [chair-
 man]  CHAIRPERSON,  shall  be  entitled  to reimbursement for actual and
 necessary expenses incurred in the performance of his  or  her  official
 duties.
   §  4.  Paragraph  (a)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by chapter 506  of  the  laws  of  2009,  is
 amended to read as follows:
   (a)  Notwithstanding any provision of law to the contrary, the [chair-
 man] CHAIRPERSON shall be the chief executive officer of  the  authority
 and shall be responsible for the discharge of the executive and adminis-
 trative  functions  and  powers  of the authority. The [chairman] CHAIR-
 PERSON 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 administrative functions and powers of the authority.
 S. 20                               6
 
   § 5. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
 authorities  law,  as amended by section 1 of chapter 425 of the laws of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  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  Long Island Rail Road and the metropolitan suburban
 bus authority; a committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. In addition to such appointed members,
 each  of the non-voting members referred to in subparagraph two of para-
 graph (a) of subdivision one of this section shall serve on the  commit-
 tee  on capital program oversight, the committee on finance, the commit-
 tee on safety, the committee on operations of the Triborough bridge  and
 tunnel  authority, and the operations committee relevant to the commuter
 council that recommended such member. [The alternate non-voting  members
 shall  each serve on the respective operations committee relevant to the
 commuter council that recommended each member.] The committee on capital
 program oversight and the committee on safety  shall  include  not  less
 than  three 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, the committee on  operations  of  the  Long
 Island  Rail  Road  and the metropolitan suburban bus authority, and the
 committee on  operations  of  the  Metro-North  commuter  railroad.  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: (1) custom-
 ers; (2) employees; and (3) the public at large, in relation to authori-
 ty 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 metropolitan transpor-
 tation  capital  program  review  board  as  provided  in section twelve
 hundred sixty-nine-b of this title; (ii) monitor the contract awards  of
 the  metropolitan transportation authority and the New York city transit
 authority to insure 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 regard-
 ing 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 tradi-
 tionally performed in the past provided, however, that any such determi-
 nation shall not be admissible as evidence in any arbitration  or  judi-
 cial   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 capi-
 tal elements described in each capital program plan approved as provided
 in section twelve hundred sixty-nine-b of this title; (vi)  monitor  the
 S. 20                               7
 
 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. The capital program committee
 shall issue a quarterly report on its activities and findings, and shall
 in  connection  with  the  preparation of such quarterly report, consult
 with the state division of the budget, the state department of transpor-
 tation, the members of the metropolitan transportation authority capital
 program review board 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 authority, to the members
 of the metropolitan  transportation  authority  capital  program  review
 board, and the directors of the municipal assistance corporation for the
 city of New York.
   §  6.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by section 2 of chapter 425 of the  laws  of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  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  Long Island Rail Road and the metropolitan suburban
 bus authority; a committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. The committee on capital program over-
 sight  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, the committee
 on operations of the Long Island Rail Road and the metropolitan suburban
 bus authority, the committee on operations of the  Metro-North  commuter
 railroad,  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: (1)  customers;  (2)  employees;  and  (3)  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 approved or proposed
 to be submitted  to  the  metropolitan  transportation  capital  program
 review  board as provided in section twelve hundred sixty-nine-b of this
 title; (ii) monitor the contract awards of the metropolitan  transporta-
 tion  authority  and  the New York city transit authority to insure 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 minori-
 ty  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
 S. 20                               8
 
 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 twelve hundred
 sixty-nine-b  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 appropriate to accelerate  their
 implementation.  The  capital  program committee shall issue a quarterly
 report on its activities and findings, and shall in connection with  the
 preparation of such quarterly report, consult with the state division of
 the  budget,  the state department of transportation, the members of the
 metropolitan transportation authority capital program review  board  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 avail-
 able to the members of the authority, to the members of the metropolitan
 transportation authority capital program review board, and the directors
 of the municipal assistance corporation for the city of New York.
   § 7. Paragraphs (c) and (d) of subdivision 4 of section  1263  of  the
 public  authorities  law,  paragraph  (c) as added by chapter 247 of the
 laws of 1990, paragraph (d) as added by section 5 of part H  of  chapter
 25 of the laws of 2009, are amended to read as follows:
   (c)  The  [chairman] 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 [chairman] CHAIRPERSON shall not participate in
 establishing authority policies regarding the payment of salary, compen-
 sation  and  reimbursement  to,  nor  establish  rules  for the time and
 attendance of, the chief executive officer. The salary of the [chairman]
 CHAIRPERSON, as determined pursuant to subdivision two of this  section,
 shall also be compensation for all services performed as chief executive
 officer.
   §  8. This act shall take effect immediately; provided that the amend-
 ments to paragraph (a) of subdivision 1 of section 1263  of  the  public
 authorities  law made by section one of this act shall be subject to the
 expiration and reversion of such paragraph  pursuant  to  section  3  of
 chapter  549  of  the  laws of 1994, as amended, when upon such date the
 provisions of section two of this act shall take  effect;  and  provided
 further that the amendments to paragraph (b) of subdivision 4 of section
 1263  of  the  public  authorities  law made by section five of this act
 shall be subject to the expiration and  reversion  of  such  subdivision
 pursuant  to  section  3 of chapter 549 of the laws of 1994, as amended,
 when upon such date the provisions of section six of this act shall take
 effect.

co-Sponsors

View additional co-sponsors

2023-S20A (ACTIVE) - Details

See Assembly Version of this Bill:: A923
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3837, A6770
2021-2022: S2889, A1603
2025-2026: S1148, A1162

2023-S20A (ACTIVE) - Summary

Increases membership on the board of the metropolitan transportation authority, including members representative of commuters' advisory councils.

2023-S20A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S20A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to enacting the
rider representation act

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will add four rider representatives to the MTA Board as
voting members.

 
SUMMARY OF PROVISIONS:

Section one of this bill names it the "rider representation act."

Sections two and three of this bill amend Public Authorities Law §
1263(1)(a) to add four new voting members. This will increase the total
number of voting members to 20, plus the chairperson. The new voting
members will be rider representatives, with each of the following rider
constituencies getting one vote each: (1) the New York City Transit

(NYCT) Authority Advisory Council, (2) the Metro-North Rail Commuter
Council, (3) the Long Island Rail Road (LIRR) Commuter Council, and (4)
the New York City Mayor's Office for People with Disabilities (MOPD)
Commissioner, who must consult with external disability advocacy organ-
izations when making their recommendation. The first three seats listed
above are currently advisory, non-voting members of the board who all
share their one non-voting seat in 18-month rotating terms. Sections two
and three also make conforming amendments to § 1263(1)(a) to retain the
non-voting labor representation on the board, in which a non-voting seat
is similarly shared in 18-month rotating terms by the unions represent-
ing the majority of NYCT, Metro-North, and LIRR employees.

Section four of this bill amends Public Authorities Law § 1263(1)(c) to
make conforming amendments to the provisions of this section which state
that the term of any voting board member appointed by a city, state, or
county elected official should expire alongside that of the elected
official who appointed them, the six-year term rule prescribed in §
1263(1)(a)(1) notwithstanding. That same rule will apply to the MOPD
Commissioner's representative, whose term would correspond with that of
the New York City Mayor. This paragraph would not apply, however, to the
other three new members being, appointed by riders councils, as they are
not being seated on the recommendation of any elected official.

Sections six, seven, eight, and nine make conforming amendments to
section 1263 of Public Authorities Law while amending binary terms to
gender-neutral ones in accordance with Chapter 139 of 2023.

Section ten sets the effective date.

 
EXISTING LAW:

Currently, the MTA Board consists of the chair, 16 voting members, two
non-voting members and four alternate non-voting members. The commuter
council representatives as well as representatives from labor organiza-
tions are non-voting members.

 
JUSTIFICATION:
The MTA Board drives the policies and procedures for the entire MTA
system, which includes the New York City Transit Authority (NYCTA), the
Long Island Rail Road, and the Metro-North Commuter Railroad Company.
The New York City Transit Authority plays a vital role in transporting
individuals throughout the five boroughs, and the Long Island Rail Road
and the Metro-North Commuter Railroad Company play vital roles in trans-
porting people who live outside New York City into it.

Unfortunately, the commuter councils for the NYCTA, the LIRR, and the
Metro-North do not have voting membership on the MTA Board. The board
can no longer make decisions without providing its riders with an
adequate voice. This legislation will provide a voice for riders who are
represented by the New York City Transit Authority Advisory Council, the
Metro-North Rail Commuter Council, the Long Island Rail Road Commuter
Council, as well as riders with disabilities, who would be appointed by
the New York City Mayor's Office for People with Disabilities in consul-
tation with external disability advocacy organizations.

The MTA network comprises the nation's largest bus fleet and more subway
and commuter rail cars than all other U.S. transit systems combined. It
provides over 2.6 billion trips each year, accounting for about one-
third of the nation's mass transit users and two-thirds its commuter
rail passengers. With more than 2.6 billion trips a year, it is safe to
say that a significant number of people rely on the MTA's services. We
need to ensure that riders' voices are heard by giving them a full vote
on the MTA board.

 
PRIOR LEGISLATIVE HISTORY:

2023: S20 - Referred to Transportation

2022: S2889 - Referred to Transportation

2021: S2889 - Referred to Transportation

2020: S3837A - Referred to Transportation

2019: S3837 - Died in Rules

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S20A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   20--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced   by   Sens.   GOUNARDES,  CLEARE,  GIANARIS,  HOYLMAN-SIGAL,
   KAVANAGH, RAMOS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Transportation -- recommitted to  the
   Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT to amend the public authorities law, in relation to enacting the
   rider representation act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "rider representation act".
   § 2. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
 authorities law, as amended by chapter 549 of the laws of 1994, subpara-
 graph  1  as  amended  by chapter 672 of the laws of 2023, is amended to
 read as follows:
   (a) (1) There  is  hereby  created  the  "metropolitan  transportation
 authority."  The authority shall be a body corporate and politic consti-
 tuting  a  public  benefit corporation. The authority shall consist of a
 chairperson, [sixteen] TWENTY other voting members, and [two]  ONE  non-
 voting  and  [four]  TWO  alternate  non-voting members, as described in
 subparagraph two of this paragraph appointed by the governor by and with
 the advice and consent of the senate. Any member  appointed  to  a  term
 commencing  on  or  after  June  thirtieth, two thousand nine shall have
 experience in one or more of the following areas: transportation, public
 administration, business management, finance, accounting, law, engineer-
 ing, 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. Four of the  [sixteen]
 TWENTY  voting  members other than the chairperson shall be appointed on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00710-06-4
 S. 20--A                            2
 
 the written recommendation of the mayor of the city of New York;  ONE OF
 THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL BE APPOINTED
 ON THE WRITTEN RECOMMENDATION OF THE NEW  YORK  CITY  TRANSIT  AUTHORITY
 ADVISORY  COUNCIL;  ONE  OF  THE  TWENTY VOTING MEMBERS OTHER   THAN THE
 CHAIRPERSON SHALL BE APPOINTED ON  THE  WRITTEN  RECOMMENDATION  OF  THE
 METRO-NORTH RAIL COMMUTER COUNCIL; ONE  OF  THE  TWENTY  VOTING  MEMBERS
 OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDA-
 TION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL; ONE OF THE TWENTY
 VOTING  MEMBERS  OTHER  THAN  THE  CHAIRPERSON SHALL BE APPOINTED ON THE
 WRITTEN  RECOMMENDATION OF THE COMMISSIONER OF THE NEW YORK CITY MAYOR'S
 OFFICE FOR PEOPLE WITH  DISABILITIES,  AS  SUCH  OFFICE  IS  DEFINED  IN
 SECTION  22-301  OF THE NEW YORK CITY ADMINISTRATIVE CODE, PROVIDED THAT
 SUCH COMMISSIONER SHALL CONSULT WITH DISABILITY ADVISORY BODIES  TO  THE
 AUTHORITY  AND  EXTERNAL  DISABILITY  ADVOCACY ORGANIZATIONS WHEN MAKING
 SUCH APPOINTMENT; and each of seven other voting members 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  the  particular  member  is  required  to  reside pursuant to the
 provisions of this subdivision. Of the members appointed on  recommenda-
 tion  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 resident 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, provided that the term of any member
 who  is  a resident of a county that has withdrawn from the metropolitan
 commuter transportation district  pursuant  to  section  twelve  hundred
 seventy-nine-b  of this title shall terminate upon the effective date of
 such county's withdrawal from such district. Of the five voting members,
 other than the chairperson, appointed by the governor without  recommen-
 dation  from  any  other person, three shall be, at the time of appoint-
 ment, residents of the city of New York and two shall be, at the time of
 appointment, residents of such city or  of  any  of  the  aforementioned
 counties  in the metropolitan commuter transportation district. Provided
 however, notwithstanding the foregoing residency requirement, one of the
 five voting members appointed by  the  governor  without  recommendation
 from  any  other person, other than the chairperson, may be the director
 of the New York state division of the budget, and provided further that,
 in the event of such appointment, the budget  director's  membership  in
 the  authority  shall be deemed ex-officio. Provided further, one of the
 five voting members, other than the chairperson, appointed by the gover-
 nor without recommendation by  any  other  person  shall  be  a  transit
 dependent  individual.  A  "transit  dependent individual" shall mean an
 individual who is limited to public transit as  their  primary  mode  of
 transportation  because  the  individual  has  a  permanent  disability,
 provided that any local or statewide transit advocacy  organization  may
 recommend one or more transit dependent individuals to be considered for
 appointment  pursuant  to  this section. The chairperson and each of the
 members shall be appointed for a term of six  years,  provided  however,
 that  the chairperson first appointed shall serve for a term ending June
 thirtieth, nineteen hundred eighty-one, provided that thirty days  after
 the effective date of the chapter of the laws of two thousand nine which
 amended  this  subparagraph,  the  term of the chairperson shall expire;
 provided, further, that such chairperson may continue to  discharge  the
 duties of [his or her] THEIR office until the position of chairperson is
 filled by appointment by the governor upon the advice and consent of the
 S. 20--A                            3
 
 senate and the term of such new chairperson shall terminate June thirti-
 eth,  two  thousand  fifteen. [The sixteen] SIXTEEN OF THE other members
 first appointed shall serve for the following terms:  The  members  from
 the  counties  of  Nassau  and  Westchester  shall each serve for a term
 ending June thirtieth, nineteen hundred eighty-five;  the  members  from
 the  county of Suffolk and from the counties of Dutchess, Orange, Putnam
 and Rockland shall each serve for a term ending June thirtieth, nineteen
 hundred ninety-two; two of the members appointed  on  recommendation  of
 the  mayor  of  the  city of New York shall each serve for a term ending
 June thirtieth, nineteen hundred eighty-four and, two shall  each  serve
 for  a  term  ending June thirtieth, nineteen hundred eighty-one; two of
 the members appointed by the governor without the recommendation of  any
 other person shall each serve for a term ending June thirtieth, nineteen
 hundred  eighty-two, two shall each serve for a term ending June thirti-
 eth, nineteen hundred eighty and one shall serve for a term ending  June
 thirtieth,  nineteen  hundred  eighty-five. [The two non-voting and four
 alternate non-voting members shall serve until January first, two  thou-
 sand one.] The members from the counties of Dutchess, Orange, Putnam and
 Rockland shall cast one collective vote.
   (2)  There  shall  be [two] ONE non-voting [members] MEMBER and [four]
 TWO alternate non-voting members of the authority,  as  referred  to  in
 subparagraph one of this paragraph.
   The  first  non-voting member shall be [a regular mass transit user of
 the facilities of the authority and be recommended to  the  governor  by
 the  New  York city transit authority advisory council. The first alter-
 nate non-voting member shall be a  regular  mass  transit  user  of  the
 facilities  of  the  authority and be recommended to the governor by the
 Metro-North commuter council. The  second  alternate  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's council.
   The  second 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 [third] FIRST alternate non-voting member
 shall be recommended to the governor by the labor  organization  repres-
 enting the majority of employees of the New York city transit authority.
 The  [fourth] SECOND alternate non-voting member shall be recommended to
 the governor by the labor  organization  representing  the  majority  of
 employees  of  the Metro-North Commuter Railroad Company. The [chairman]
 CHAIRPERSON of the authority, at  [his]  THEIR  direction,  may  exclude
 [such] ANY non-voting member or alternate non-voting member from attend-
 ing any portion of a meeting of the authority or of any committee estab-
 lished  pursuant  to  paragraph  (b) of subdivision four of this section
 held for the purpose of discussing  negotiations  with  labor  organiza-
 tions.
   [The  non-voting  member  and  the  two  alternate  non-voting members
 representing the New York York city transit authority advisory  council,
 the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
 commuter's council shall serve  eighteen  month  rotating  terms,  after
 which  time  an  alternate non-voting member shall become the non-voting
 member and the rotation shall continue until each alternate  member  has
 served  at  least  one  eighteen month term as a non-voting member.] The
 [other] non-voting member and alternate non-voting members  representing
 the  New  York  city  transit  authority,  Metro-North Commuter Railroad
 Company, and the Long Island Rail Road labor organizations  shall  serve
 eighteen  month rotating terms, after which time an alternate non-voting
 S. 20--A                            4
 
 member shall become the non-voting member and the rotation shall contin-
 ue until each alternate member has served at least  one  eighteen  month
 term  as  a  non-voting  member. [The transit authority and the commuter
 railroads  shall  not  be represented concurrently by the two non-voting
 members during any such eighteen month period.]
   § 3. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
 authorities  law, as amended by section 2 of part E of chapter 39 of the
 laws of 2019, is amended to read as follows:
   (a) There is hereby created the "metropolitan transportation  authori-
 ty."  The authority shall be a body corporate and politic constituting a
 public benefit corporation. The authority shall consist of a  [chairman]
 CHAIRPERSON and [sixteen] TWENTY other members appointed by the governor
 by  and  with the advice and consent of the senate. Any member appointed
 to a term commencing on or after June thirtieth, two thousand nine shall
 have experience in one or more of  the  following  areas  of  expertise:
 transportation,  public  administration,  business  management, finance,
 accounting, law, engineering, land use,  urban  and  regional  planning,
 management  of  large capital projects, labor relations, or have experi-
 ence in some other area of  activity  central  to  the  mission  of  the
 authority.  Four  of the [sixteen] TWENTY members other than the [chair-
 man] CHAIRPERSON shall be appointed on the written recommendation of the
 mayor of the city of New York; ONE OF THE TWENTY  VOTING  MEMBERS  OTHER
 THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF
 THE  NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL; ONE OF THE TWENTY
 VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL  BE  APPOINTED  ON  THE
 WRITTEN  RECOMMENDATION OF THE METRO-NORTH RAIL COMMUTER COUNCIL; ONE OF
 THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE  APPOINTED
 ON  THE  WRITTEN  RECOMMENDATION OF THE LONG ISLAND RAIL ROAD COMMUTER'S
 COUNCIL; ONE OF THE TWENTY VOTING MEMBERS  OTHER  THAN  THE  CHAIRPERSON
 SHALL  BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE COMMISSIONER OF
 THE NEW YORK CITY MAYOR'S OFFICE FOR PEOPLE WITH DISABILITIES,  AS  SUCH
 OFFICE IS DEFINED IN SECTION 22-1301 OF THE NEW YORK CITY ADMINISTRATIVE
 CODE,  PROVIDED  THAT  SUCH  COMMISSIONER  SHALL CONSULT WITH DISABILITY
 ADVISORY BODIES TO THE AUTHORITY AND EXTERNAL DISABILITY ADVOCACY ORGAN-
 IZATIONS WHEN MAKING SUCH APPOINTMENT; and each of seven  other  members
 other than the [chairman] CHAIRPERSON shall be appointed after selection
 from  a  written  list of three recommendations from the chief executive
 officer of the county in which the  particular  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; and 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, provided
 that the term of any member who is a resident of a county that has with-
 drawn from the metropolitan commuter transportation district pursuant to
 section twelve hundred seventy-nine-b of this title shall terminate upon
 the effective date of such county's withdrawal from  such  district.  Of
 the  five  members,  other than the [chairman] CHAIRPERSON, appointed by
 the governor without recommendation from any other person,  three  shall
 be,  at  the  time of appointment, residents of the city of New York and
 two shall be, at the time of appointment, residents of such city  or  of
 any  of  the aforementioned counties in the metropolitan commuter trans-
 portation district.  Provided  however,  notwithstanding  the  foregoing
 residency  requirement,  one of the five voting members appointed by the
 S. 20--A                            5
 
 governor without recommendation from any other person,  other  than  the
 [chairman]  CHAIRPERSON, may be the director of the New York state divi-
 sion of the budget, and provided further that,  in  the  event  of  such
 appointment,  the budget director's membership in the authority shall be
 deemed ex-officio.  The [chairman] CHAIRPERSON and each of  the  members
 shall  be  appointed for a term of six years, provided however, that the
 [chairman] CHAIRPERSON first appointed shall serve  for  a  term  ending
 June  thirtieth,  nineteen hundred eighty-one, provided that thirty days
 after the effective date of the chapter of the laws of two thousand nine
 which amended this paragraph, the term  of  the  [chairman]  CHAIRPERSON
 shall  expire;  provided,  further, that such [chairman] CHAIRPERSON may
 continue to discharge the duties of [his] THEIR office until  the  posi-
 tion  of [chairman] CHAIRPERSON is filled by appointment by the governor
 upon the advice and consent of the senate  and  the  term  of  such  new
 [chairman]  CHAIRPERSON  shall  terminate  June  thirtieth, two thousand
 fifteen. [The sixteen] SIXTEEN OF  THE  other  members  first  appointed
 shall  serve  for  the following terms: The members from the counties of
 Nassau and Westchester shall each serve for a term ending  June  thirti-
 eth,  nineteen  hundred  eighty-five;  the  members  from  the county of
 Suffolk and from the counties of Dutchess, Orange, Putnam  and  Rockland
 shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
 ninety-two; two of the members appointed on recommendation of the  mayor
 of  the city of New York shall each serve for a term ending June thirti-
 eth, nineteen hundred eighty-four and, two shall each serve for  a  term
 ending  June  thirtieth, nineteen hundred eighty-one; two of the members
 appointed by the governor without the recommendation of any other person
 shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
 eighty-two, two shall each serve for a term ending June thirtieth, nine-
 teen  hundred  eighty and one shall serve for a term ending June thirti-
 eth, nineteen hundred eighty-five. The  members  from  the  counties  of
 Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
   §  4.  Paragraph  (c)  of  subdivision 1 of section 1263 of the public
 authorities law, as added by section 3 of subpart B of part ZZZ of chap-
 ter 59 of the laws of 2019, is amended to read as follows:
   (c) (i) Notwithstanding any inconsistent provision  of  this  section,
 the  term  of  any VOTING member shall expire upon the expiration of the
 term in office being served by the county elected  official  upon  whose
 recommendation  they  were  appointed;  provided,  however, that in such
 circumstance such member may serve as a  holdover  appointee  for  sixty
 days,  or  until  such  time  as a new member is appointed, whichever is
 less. The term of any  member  appointed  to  replace  such  a  holdover
 appointee  shall  expire  at the end of the term in office of the county
 elected official upon whose recommendation such member was appointed. If
 a county elected official leaves office because of  death,  resignation,
 removal  or disability, however, a member appointed upon such official's
 recommendation shall continue to serve until such time  as  such  county
 elected  office is filled, at which time such member will become a hold-
 over appointee and may serve for sixty days, or until such time as a new
 member is appointed, whichever is less.
   (ii) Notwithstanding any inconsistent provision of this  section,  the
 term  of  any  [chairman]  CHAIRPERSON or any VOTING member shall expire
 upon the expiration of the term in office being served by  the  city  or
 state  elected  official  upon whose recommendation they were appointed;
 provided, however, that in such circumstance the [chairman]  CHAIRPERSON
 or  such  member  may serve as a holdover appointee until such time as a
 new [chairman] CHAIRPERSON or member  is  appointed.  The  term  of  any
 S. 20--A                            6
 
 [chairman]  CHAIRPERSON  or  member appointed to replace such a holdover
 appointee shall expire at the end of the term in office of the  city  or
 state  elected official upon whose recommendation such [chairman] CHAIR-
 PERSON or member was appointed.
   (III)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
 TERM OF THE VOTING MEMBER APPOINTED ON THE WRITTEN RECOMMENDATION OF THE
 COMMISSIONER OF THE NEW YORK CITY MAYOR'S OFFICE FOR PEOPLE  WITH  DISA-
 BILITIES  SHALL  EXPIRE  UPON THE EXPIRATION OF THE TERM IN OFFICE BEING
 SERVED BY THE MAYOR OF THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT  IN
 SUCH  CIRCUMSTANCE  SUCH  MEMBER  MAY  SERVE AS A HOLDOVER APPOINTEE FOR
 SIXTY DAYS, OR UNTIL SUCH TIME AS A NEW MEMBER IS  APPOINTED,  WHICHEVER
 IS  SOONER.  THE  TERM  OF ANY MEMBER APPOINTED TO REPLACE SUCH HOLDOVER
 APPOINTEE SHALL EXPIRE AT THE END OF THE TERM IN OFFICE OF THE MAYOR  OF
 THE CITY OF NEW YORK.
   (IV)  THE  PROVISIONS  OF THIS PARAGRAPH SHALL NOT APPLY TO THE VOTING
 MEMBERS APPOINTED ON THE WRITTEN RECOMMENDATIONS OF THE  NEW  YORK  CITY
 TRANSIT  AUTHORITY ADVISORY COUNCIL, THE METRO-NORTH RAIL COMMUTER COUN-
 CIL, THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL, AS DESCRIBED IN PARA-
 GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   § 5. Subdivision 2 of section 1263 of the public authorities  law,  as
 amended  by  chapter  55  of  the  laws  of  1992, is amended to read as
 follows:
   2. The [chairman] CHAIRPERSON and the  first  vice  [chairman]  CHAIR-
 PERSON 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 [chairman] CHAIRPERSON and the first vice [chair-
 man] CHAIRPERSON, shall be entitled  to  reimbursement  for  actual  and
 necessary  expenses  incurred  in  the performance of [his or her] THEIR
 official duties.
   § 6. Paragraph (a) of subdivision 4 of  section  1263  of  the  public
 authorities  law,  as  amended  by  chapter  506 of the laws of 2009, is
 amended to read as follows:
   (a) Notwithstanding any provision of law to the contrary, the  [chair-
 man]  CHAIRPERSON  shall be the chief executive officer of the authority
 and shall be responsible for the discharge of the executive and adminis-
 trative functions and powers of the  authority.  The  [chairman]  CHAIR-
 PERSON  may  appoint  an executive director and such other officials and
 employees as shall in [his or her] THEIR judgment be needed to discharge
 the executive and administrative functions and powers of the authority.
   § 7. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
 authorities  law,  as amended by section 1 of chapter 425 of the laws of
 2018, is amended to read as follows:
   (b) The [chairman] CHAIRPERSON shall establish  committees  to  assist
 [him]  THEM  in  the performance of [his] THEIR 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 Long Island Rail Road and  the  metropolitan  suburban
 bus  authority;  a  committee  on operations of the Metro-North commuter
 railroad; a committee on operations of the Triborough bridge and  tunnel
 authority;  a committee on finance; a committee on capital program over-
 sight; and a committee on safety. In addition to such appointed members,
 each of the [non-voting] members RECOMMENDED BY THE NEW YORK CITY TRANS-
 IT AUTHORITY ADVISORY COUNCIL, THE METRO-NORTH  RAIL  COMMUTER  COUNCIL,
 AND THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL referred to in [subpar-
 S. 20--A                            7

 agraph  two  of]  paragraph (a) of subdivision one of this section shall
 serve on the committee on capital program oversight,  the  committee  on
 finance,  the  committee  on  safety, the committee on operations of the
 Triborough  bridge  and  tunnel  authority, and the operations committee
 relevant to the commuter council  that  recommended  such  member.  [The
 alternate  non-voting  members  shall each serve on the respective oper-
 ations committee relevant to the commuter council that recommended  each
 member.] The committee on capital program oversight and the committee on
 safety  shall include not less than three 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, the committee
 on operations of the Long Island Rail Road and the metropolitan suburban
 bus authority, and the committee on operations of the Metro-North commu-
 ter railroad. The committee on safety shall convene at least once  annu-
 ally  and  each committee chairperson, that is a member of the committee
 on safety, shall report to the committee on safety any  and  all  initi-
 atives, concerns, improvements, or failures involving the safety of: (1)
 customers;  (2)  employees;  and (3) 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  approved  or  proposed  to be submitted to the metropolitan
 transportation capital program  review  board  as  provided  in  section
 twelve  hundred  sixty-nine-b  of  this title; (ii) monitor the contract
 awards of the metropolitan transportation authority  and  the  New  York
 city  transit  authority  to insure 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 rele-
 vant 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,  howev-
 er,  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  twelve  hundred  sixty-nine-b  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 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 state division  of  the  budget,  the
 state  department  of  transportation,  the  members of the metropolitan
 transportation authority capital program review  board,  and  any  other
 group  the committee deems relevant, including public employee organiza-
 tions, 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 members of the metropolitan transporta-
 tion authority capital program review board, and the  directors  of  the
 municipal assistance corporation for the city of New York.
 S. 20--A                            8
 
   §  8.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by section 2 of chapter 425 of the  laws  of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 [him] THEM in the performance of [his] THEIR 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  Long Island Rail Road and the metropolitan suburban
 bus authority; a committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. The committee on capital program over-
 sight  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, the committee
 on operations of the Long Island Rail Road and the metropolitan suburban
 bus authority, the committee on operations of the  Metro-North  commuter
 railroad,  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: (1)  customers;  (2)  employees;  and  (3)  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 approved or proposed
 to be submitted  to  the  metropolitan  transportation  capital  program
 review  board as provided in section twelve hundred sixty-nine-b of this
 title; (ii) monitor the contract awards of the metropolitan  transporta-
 tion  authority  and  the New York city transit authority to insure 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 minori-
 ty  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 twelve hundred
 sixty-nine-b 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 appropriate to accelerate their
 implementation. The capital program committee shall  issue  a  quarterly
 report  on its activities and findings, and shall in connection with the
 preparation of such quarterly report, consult with the state division of
 the budget, the state department of transportation, the members  of  the
 metropolitan  transportation  authority capital program review board and
 S. 20--A                            9
 
 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  avail-
 able to the members of the authority, to the members of the metropolitan
 transportation authority capital program review board, and the directors
 of the municipal assistance corporation for the city of New York.
   §  9.  Paragraphs  (c) and (d) of subdivision 4 of section 1263 of the
 public authorities law, paragraph (c) as added by  chapter  247  of  the
 laws  of  1990, paragraph (d) as added by section 5 of part H of chapter
 25 of the laws of 2009, are amended to read as follows:
   (c) The [chairman] 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 [chairman] CHAIRPERSON shall not participate in
 establishing authority policies regarding the payment of salary, compen-
 sation, and reimbursement to, nor  establish  rules  for  the  time  and
 attendance of, the chief executive officer. The salary of the [chairman]
 CHAIRPERSON,  as determined pursuant to subdivision two of this section,
 shall also be compensation for all services performed as chief executive
 officer.
   § 10. This act shall take effect immediately; provided that the amend-
 ments to paragraph (a) of subdivision 1 of section 1263  of  the  public
 authorities  law made by section two of this act shall be subject to the
 expiration and reversion of such paragraph  pursuant  to  section  3  of
 chapter  549  of  the  laws of 1994, as amended, when upon such date the
 provisions of section three of this act shall take effect; and  provided
 further that the amendments to paragraph (b) of subdivision 4 of section
 1263  of  the  public  authorities law made by section seven of this act
 shall be subject to the expiration and  reversion  of  such  subdivision
 pursuant  to  section  3 of chapter 549 of the laws of 1994, as amended,
 when upon such date the provisions of section eight of  this  act  shall
 take effect.

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Senate Bill S20A

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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