S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1175

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the transportation law, in relation to the New York city
  transit authority on-track and surface omnibus program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 403 of the transportation law, as amended by chap-
ter 505 of the laws of 2011, is amended to read as follows:
  S 403. Definitions. For the purposes of this article:
  1. "New York city transit authority" shall be deemed  to  include  its
subsidiary, the Manhattan and Bronx Surface Transit Operating Authority,
and  any  other  agency  that may come under the control of the New York
city transit authority.
  2. "Daniel Boggs - Marvin Franklin New York city  transit  authority's
on-track  AND  SURFACE OMNIBUS safety program" shall mean the program as
described in section four hundred six AND SECTION FOUR HUNDRED EIGHT  of
this article.
  S  2. Section 404 of the transportation law, as amended by chapter 505
of the laws of 2011, is amended to read as follows:
  S 404. Establishment of the Daniel Boggs - Marvin  Franklin  New  York
city  transit authority [track] ON-TRACK AND SURFACE OMNIBUS safety task
force. There is hereby established the Daniel Boggs  -  Marvin  Franklin
New  York  city transit [track] ON-TRACK AND SURFACE OMNIBUS safety task
force with responsibility for the review of the Daniel  Boggs  -  Marvin
Franklin  New York city transit authority's on-track AND SURFACE OMNIBUS
safety program, including the following:
  1. training and qualifications of affected employees;
  2. appropriate procedures for protecting New York city transit author-
ity employees engaged in work along the track right-of-way,  AND  OPERA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04946-01-3
              

A. 1175                             2

TORS  OF  SURFACE OMNIBUS VEHICLES including good faith challenge proce-
dures;
  3. instructions to train AND SURFACE OMNIBUS operators;
  4. relevant New York city transit authority rules;
  5. third rail safety;
  6. illumination; and
  7. any additional related safety matters.
  S  3. Section 405 of the transportation law, as amended by chapter 505
of the laws of 2011, is amended to read as follows:
  S 405. Daniel Boggs - Marvin Franklin New York city transit  authority
[track]  ON-TRACK  AND  SURFACE OMNIBUS safety task force membership. 1.
The Daniel Boggs - Marvin  Franklin  New  York  city  transit  authority
[track]  ON-TRACK AND SURFACE OMNIBUS safety task force shall consist of
a total of four members as follows:
  (a) the commissioner or his or her designee;
  (b) the commissioner of labor or his or her designee;
  (c) the president of New York city transit authority  or  his  or  her
designee; and
  (d)  the president of Transport Workers Union, Local 100, an affiliate
of the New York state AFL-CIO, or his or her designee.
  2. The commissioner or his or her designee shall be the chair  of  the
[track] ON-TRACK AND SURFACE OMNIBUS safety task force.
  3.  The  [track]  ON-TRACK AND SURFACE OMNIBUS safety task force shall
meet as often as deemed necessary by the chair but in no event less than
four times per year. Any member may call a meeting on not less than  ten
days written notice to the other members.
  4. The members of the [track] ON-TRACK AND SURFACE OMNIBUS safety task
force  shall  receive no salary or other compensation for their services
but shall be entitled to reimbursement for actual and necessary expenses
incurred in the performance of their duties.
  S 4. Section 408 of article 16 of the transportation law is renumbered
section 410 and two new sections 408  and  409  are  added  to  read  as
follows:
  S  408.  SURFACE OMNIBUS SAFETY PROGRAM. 1. BY MAY FIRST, TWO THOUSAND
FOURTEEN, THE DANIEL BOGGS -  MARVIN  FRANKLIN  NEW  YORK  CITY  TRANSIT
AUTHORITY TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL ISSUE ONE OR
MORE  REPORTS  SETTING  FORTH  THE  RECOMMENDATIONS  OF ITS MEMBERS WITH
RESPECT TO THE IMPLEMENTING OF  THE  NEW  YORK  CITY  TRANSIT  AUTHORITY
SURFACE  OMNIBUS  SAFETY  PROGRAM.    SUCH  REPORTS SHALL BE SENT TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER  OF  THE
ASSEMBLY.
  2. SUCH TRACK AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL ALSO PROVIDE
TO THE PUBLIC EMPLOYEE SAFETY AND HEALTH BUREAU WITHIN THE DEPARTMENT OF
LABOR AND TO ALL LABOR ORGANIZATIONS THAT REPRESENT NEW YORK CITY TRANS-
IT AUTHORITY EMPLOYEES ENGAGED IN WORK OPERATING AND MAINTAINING SURFACE
OMNIBUS VEHICLES A COPY OF ITS REPORTS.
  3.  SUCH  TRACK  AND SURFACE OMNIBUS SAFETY TASK FORCE SHALL SET FORTH
PROCEDURES TO INSURE THAT PRIOR TO THE DAILY DEPLOYMENT OF  ANY  OMNIBUS
VEHICLE  TO  PROVIDE MASS TRANSIT SERVICES TO THE PUBLIC A COMPREHENSIVE
INSPECTION OF MECHANICAL SYSTEMS, GLASS,  DOORS,  TIRES  AND  LIFTS  FOR
HANDICAPPED  PASSENGERS FOR SUCH VEHICLE IS COMPLETED IN ACCORDANCE WITH
THE RULES AND REGULATIONS OF THE COMMISSIONER,  AND  THAT  ANY  AND  ALL
DEFECTS  DETECTED ARE PROPERLY REPAIRED PRIOR TO PLACING SUCH VEHICLE IN
SERVICE, AND ANY OTHER SAFETY PROCEDURES ITS MEMBERS DEEM NECESSARY  AND
PRUDENT  TO PROTECT EMPLOYEES OF THE NEW YORK CITY TRANSIT AUTHORITY AND
THE PUBLIC-AT-LARGE. NOTWITHSTANDING ANY LAW, RULE OR CONTRACT PROVISION

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TO THE CONTRARY, NO EMPLOYEE, AGENT OR OTHER PERSON ACTING ON BEHALF  OF
THE  NEW  YORK CITY TRANSIT AUTHORITY IS AUTHORIZED TO KNOWINGLY OPERATE
OR KNOWINGLY OR RECKLESSLY COMPEL ANOTHER TO OPERATE AN OMNIBUS  VEHICLE
THAT  HAS  AN  UNCORRECTED  DEFICIENCY NOTED IN THE INSPECTION. THE TASK
FORCE SHALL DOCUMENT IN ITS REPORTS THE NUMBER OF INSTANCES WHEN OMNIBUS
VEHICLES ARE PLACED INTO SERVICE DESPITE  HAVING  UNCORRECTED  DEFICIEN-
CIES,  AND  THE  ADVERSE PERSONNEL ACTION UNDERTAKEN, IF ANY, BY THE NEW
YORK CITY TRANSIT AUTHORITY AS A RESULT  OF  SUCH  IMPROPER  DEPLOYMENTS
INTO SERVICE.
  S  409.  WHISTLEBLOWER ACCESS AND ASSISTANCE PROGRAM. 1. "WHISTLEBLOW-
ER", AS USED IN THIS ARTICLE, SHALL MEAN ANY EMPLOYEE OF  THE  NEW  YORK
CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES, WHO DISCLOSES A MATE-
RIAL  BREACH OF ANY SAFETY PROCEDURE REQUIRED BY LAW, RULE OR REGULATION
OF THE COMMISSIONER OR IN CONTRACT PROVISIONS, WHETHER OR NOT THE BREACH
OF WHICH CAUSES OR COULD REASONABLY CAUSE INJURY TO AN EMPLOYEE OF  SUCH
TRANSIT  AUTHORITY OR THE PUBLIC-AT-LARGE, TO THE METROPOLITAN TRANSPOR-
TATION AUTHORITY INSPECTOR GENERAL. THE SCOPE OF THE  PROTECTIONS  UNDER
THIS  SECTION  AND  IN SECTION TWELVE HUNDRED SEVENTY-NINE OF THE PUBLIC
AUTHORITIES LAW, WILL ALSO APPLY  TO  ANY  INFORMATION  RENDERED  BY  AN
EMPLOYEE  OF THE NEW YORK CITY TRANSIT AUTHORITY REGARDING THE UNAUTHOR-
IZED DIRECTION BY ANOTHER EMPLOYEE, AGENT OR PERSON AFFILIATED WITH  THE
NEW  YORK  CITY  TRANSIT AUTHORITY TO IGNORE OR OTHERWISE DISREGARD SUCH
SAFETY PROCEDURES.
  2. ANY COMMUNICATIONS BETWEEN AN EMPLOYEE AND THE METROPOLITAN  TRANS-
PORTATION  AUTHORITY INSPECTOR GENERAL PURSUANT TO THIS SECTION SHALL BE
HELD STRICTLY CONFIDENTIAL BY THE INSPECTOR GENERAL, UNLESS THE EMPLOYEE
SPECIFICALLY WAIVES IN WRITING THE RIGHT TO CONFIDENTIALITY, EXCEPT THAT
SUCH  CONFIDENTIALITY  SHALL  NOT  EXEMPT  THE  INSPECTOR  GENERAL  FROM
DISCLOSING  SUCH  INFORMATION, WHERE APPROPRIATE, TO THE STATE INSPECTOR
GENERAL IN ACCORDANCE WITH SECTION FIFTY-FIVE OF THE EXECUTIVE  LAW,  OR
PREVENT DISCLOSURE TO ANY LAW ENFORCEMENT AUTHORITY.
  S 5. This act shall take effect immediately.