LBD01924-01-3
S. 487 2
SENTATIVE OF THE TRANSIT DEPENDENT COMMUNITY AND AT LEAST ONE SHALL BE
APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNITY,
AS DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION. The chairman and
each of the members shall be appointed for a term of eight years,
provided however, that the chairman first appointed shall serve for a
term ending June thirtieth, nineteen hundred seventy-three, and of the
eight other members first appointed, one shall serve for a term ending
June thirtieth, nineteen hundred sixty-eight, two shall serve for a term
ending June thirtieth, nineteen hundred sixty-nine, one shall serve for
a term ending June thirtieth, nineteen hundred seventy, two shall serve
for a term ending June thirtieth, nineteen hundred seventy-one, one
shall serve for a term ending June thirtieth, nineteen hundred seventy-
two and one shall serve for a term ending June thirtieth, nineteen
hundred seventy-three. The term of one of the members appointed to
memberships first created by law after April first, nineteen hundred
sixty-nine shall end on June thirtieth, nineteen hundred seventy-four,
and the term of the other such member shall end on June thirtieth, nine-
teen hundred seventy-five. Following the expiration of any term ending
on or after June thirtieth, nineteen hundred eighty-seven, each member
shall be appointed for a term of five years beginning on the day after
the expiration date of such prior term; provided, however, that the term
of the member first appointed upon the written recommendation of the
Erie county executive and the term of the member first appointed upon
the written recommendation of the Erie county legislature shall be for a
term ending on June thirtieth, nineteen hundred ninety-six.
(b) The first non-voting member of the authority who shall not be
considered in determining a quorum, shall be recommended to the governor
by the labor organization representing the plurality of the employees
within the authority and shall be a resident of the Niagara Frontier
transportation district as described in section twelve hundred ninety-
nine-b of this title. Such first non-voting member shall be appointed
for a term of eight years, provided, however, that if at any time during
the term of appointment such non-voting member ceases to be affiliated
with the labor organization representing the plurality of employees
within the authority, then such labor organization may at any time
during such term recommend a new member to the governor who shall serve
the remainder of the term. If the local bargaining unit decertifies its
existing union affiliation and certifies a new union, the union which
represents the plurality of the employees may recommend a new member to
the governor who shall serve the remainder of the term. The chairman of
the authority, at his or her discretion, may exclude such non-voting
member from attending any portion of a meeting of the authority or of
any committee held for the purpose of discussing negotiations with labor
organizations, pending litigation involving the labor organization, or
the investigation, evaluation, or discipline of an employee.
(c) There shall also be a second non-voting member of the authority,
who shall not be considered in determining a quorum. The second non-vot-
ing member shall be appointed by the governor as a representative of the
transit dependent community and/or people with disabilities. The second
non-voting member shall be appointed for a term of five years.
(D) THERE SHALL BE AT LEST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
THE AUTHORITY IN SUCH NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
S. 487 3
TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS SHALL BE RESIDENTS OF A
COUNTY DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION. THE MEMBERS
SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
MONTHS.
S 3. Section 1299-bb of the public authorities law is amended by
adding two new subdivisions 25 and 26 to read as follows:
25. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED TO
PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION, (B) IS ELDERLY (OVER
AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU;
26. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
EITHER A PERMANENT OR TEMPORARY DISABILITY.
S 4. Subdivision 1 of section 1299-dd of the public authorities law,
as amended by chapter 388 of the laws of 2007, is amended to read as
follows:
1. (a) There is hereby created the Rochester-Genesee regional trans-
portation authority. The authority shall be a body corporate and politic
constituting a public benefit corporation. It shall consist of at least
one member from each county that elects to join the authority except
that the county of Monroe shall have seven members of whom three shall
be appointed from the city of Rochester and four at large from the coun-
ty of Monroe and shall have one non-voting member as described in para-
graph (b) of this subdivision , AND AT LEAST ONE SHALL BE APPOINTED AS A
REPRESENTATIVE OF THE TRANSIT DEPENDENT COMMUNITY AND AT LEAST ONE SHALL
BE APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNI-
TY, AS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION. The members
shall be appointed by the governor by and with the advice and consent of
the senate. The governor shall make initial appointments to the authori-
ty in such number and from lists submitted as follows: three members
shall be appointed to the authority from a list of not less than six
names, all of whom must be residents of the city of Rochester, submitted
to the governor by the council of the city of Rochester; four persons
from a list of not less than eight persons, all of whom must be resi-
dents of the county of Monroe submitted by the legislature of the county
of Monroe. Other counties electing to participate shall each submit to
the governor a list of not less than two persons for each one hundred
thousand or major fraction of the total population, as determined by the
last federal decennial or federal county-wide special census. From the
counties outside the county of Monroe which shall elect to participate,
the governor shall appoint one member for each one hundred thousand or
major fraction of the total population, as determined by the last feder-
al decennial or federal county-wide special census, with a minimum of
one member to represent each county outside the county of Monroe so
electing to participate. All members of the authority shall be residents
of the area from which they are nominated.
(b) There shall also be one non-voting member of the authority, which
shall not be considered in determining a quorum. The non-voting member
shall be recommended to the governor by the labor organization repres-
enting the plurality of the employees within the authority and shall be
a resident of the Rochester-Genesee regional transportation district as
described in section twelve hundred ninety-nine-cc of this title. The
non-voting member shall be appointed for a term of five years, provided,
however, that if at any time during the term of appointment the non-vot-
S. 487 4
ing member ceases to be affiliated with the labor organization repres-
enting the plurality of employees within the authority, then such labor
organization may at any time during such term recommend a new member to
the governor who shall serve the remainder of the term. If the local
bargaining unit decertifies its existing union affiliation and certifies
a new union, the union which represents the plurality of the employees
may recommend a new member to the governor who shall serve the remainder
of the term. The chairman of the authority, at his or her discretion,
may exclude such non-voting member from attending any portion of a meet-
ing of the authority or of any committee held for the purpose of
discussing negotiations with labor organizations, pending litigation
involving the labor organization, or the investigation, evaluation, or
discipline of an employee.
(C) THERE SHALL BE AT LEST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
THE AUTHORITY IN SUCH NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS SHALL BE RESIDENTS OF A
COUNTY DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION. THE MEMBERS
SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
MONTHS.
S 5. Section 1301 of the public authorities law is amended by adding
two new subdivisions 26 and 27 to read as follows:
26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED TO
PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION, (B) IS ELDERLY (OVER
AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU;
27. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
EITHER A PERMANENT OR TEMPORARY DISABILITY.
S 6. Subdivision 1 of section 1303 of the public authorities law, as
amended by chapter 388 of the laws of 2007, is amended to read as
follows:
1. (a) There is hereby created the Capital District transportation
authority. The authority shall be a body corporate and politic consti-
tuting a public benefit corporation. It shall consist of not less than
eight nor more than fifteen members, including a chairman and shall have
one non-voting member as described in paragraph (b) of this subdivision,
AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESENTATIVE OF THE TRANSIT
DEPENDENT COMMUNITY AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESEN-
TATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNITY, AS DESCRIBED IN PARA-
GRAPH (C) OF THIS SUBDIVISION. The members shall be appointed by the
governor by and with the advice and consent of the senate. The governor
shall make initial appointments to the authority in such number and from
lists submitted as follows: three members shall be appointed to the
authority from a list of six names, all of whom shall be residents of
the county of Albany, four of which names shall be submitted to the
governor by the majority party of the legislature of the county of Alba-
ny and two of which names shall be submitted by the minority party of
such legislature; two members shall be appointed to the authority from a
list of four names, all of whom shall be residents of the county of
Schenectady, three of which names shall be submitted to the governor by
S. 487 5
the majority party of the legislature of the county of Schenectady and
one of which names shall be submitted by the minority party of such
legislature; two members shall be appointed to the authority from a list
of four names, all of whom shall be residents of the county of Rensse-
laer, three of which names shall be submitted to the governor by the
majority party of the legislature of the county of Rensselaer and one of
which names shall be submitted by the minority party of such legisla-
ture; two members shall be appointed to the authority from a list of
four names, all of whom shall be residents of the county of Saratoga,
three of which names shall be submitted to the governor by the majority
party of the legislature of the county of Saratoga and one of which
names shall be submitted by the minority party of such legislature.
Other counties electing to participate shall each submit to the governor
a list of two persons each of whom shall be a resident of such county,
one of which names shall be submitted to the governor by the majority
party of the legislature of such county and one of which names shall be
submitted by the minority party of such legislature, from which number
the governor shall appoint one member for each such county so electing
to participate.
(b) There shall also be one non-voting member of the authority, which
shall not be considered in determining a quorum. The non-voting member
shall be recommended to the governor by the labor organization repres-
enting the plurality of the employees within the authority and shall be
a resident of the Capital District transportation district as described
in section thirteen hundred two of this title. The non-voting member
shall be appointed for a term of five years, provided, however, that if
at any time during the term of appointment the non-voting member ceases
to be affiliated with the labor organization representing the plurality
of employees within the authority, then such labor organization may at
any time during such term recommend a new member to the governor who
shall serve the remainder of the term. If the local bargaining unit
decertifies its existing union affiliation and certifies a new union,
the union which represents the plurality of the employees may recommend
a new member to the governor who shall serve the remainder of the term.
The chairman of the authority, at his or her discretion, may exclude
such non-voting member from attending any portion of a meeting of the
authority or of any committee held for the purpose of discussing negoti-
ations with labor organizations, pending litigation involving the labor
organization, or the investigation, evaluation, or discipline of an
employee.
(C) THERE SHALL BE AT LEST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
THE AUTHORITY IN SUCH NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS SHALL BE RESIDENTS OF A
COUNTY DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION. THE MEMBERS
SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
MONTHS.
S 7. Section 1326 of the public authorities law is amended by adding
two new subdivisions 26 and 27 to read as follows:
26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED TO
PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION, (B) IS ELDERLY (OVER
S. 487 6
AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU;
27. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
EITHER A PERMANENT OR TEMPORARY DISABILITY.
S 8. Subdivision 1 of section 1328 of the public authorities law, as
separately amended by chapters 388 and 396 of the laws of 2007, is
amended to read as follows:
1. (a) There is hereby created the central New York regional transpor-
tation authority. The authority shall be a body corporate and politic
constituting a public benefit corporation. It shall consist of not more
than twelve members, including a chairman and shall have one non-voting
member as described in paragraph (b) of this subdivision, AND AT LEAST
ONE SHALL BE APPOINTED AS A REPRESENTATIVE OF THE TRANSIT DEPENDENT
COMMUNITY AND AT LEAST ONE SHALL BE APPOINTED AS A REPRESENTATIVE OF THE
PARA-TRANSIT DEPENDENT COMMUNITY, AS DESCRIBED IN PARAGRAPH (C) OF THIS
SUBDIVISION. The members shall be appointed by the governor by and with
the advice and consent of the senate. The governor shall make initial
appointments to the authority in such number and from lists submitted as
follows: three members shall be appointed to the authority from a list
of not less than six names, submitted to the governor by the common
council of the city of Syracuse, five persons from a list of not less
than ten names, submitted by the legislature of the county of Onondaga
and two members shall be appointed from a list of not less than four
names submitted by the legislature of the county of Oneida. Other coun-
ties electing to participate shall each submit to the governor a list of
not less than two persons for each one hundred thousand or major frac-
tion of the total population, as determined by the nineteen hundred
seventy or any subsequent federal decennial or federal county-wide
special census, of the counties outside the county of Onondaga which
shall elect to participate, from which number the governor shall appoint
one member for each one hundred thousand or major fraction of the total
population, as determined by such federal decennial or federal county-
wide special census, with a maximum of three members to represent such
counties outside the county of Onondaga so electing to participate.
(b) There shall also be one non-voting member of the authority, which
shall not be considered in determining a quorum. The non-voting member
shall be recommended to the governor by the labor organization repres-
enting the plurality of the employees within the authority. The non-vot-
ing member shall be appointed for a term of seven years, provided,
however, that if at any time during the term of appointment the non-vot-
ing member ceases to be affiliated with the labor organization repres-
enting the plurality of employees within the authority, then such labor
organization may at any time during such term recommend a new member to
the governor who shall serve the remainder of the term. If the local
bargaining unit decertifies its existing union affiliation and certifies
a new union, the union which represents the plurality of the employees
may recommend a new member to the governor who shall serve the remainder
of the term. The chairman of the authority, at his or her discretion,
may exclude such non-voting member from attending any portion of a meet-
ing of the authority or of any committee held for the purpose of
discussing negotiations with labor organizations, pending litigation
involving the labor organization, or the investigation, evaluation, or
discipline of an employee.
(C) THERE SHALL BE AT LEST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
S. 487 7
SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
THE AUTHORITY IN SUCH NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS SHALL BE RESIDENTS OF A
COUNTY DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION. THE MEMBERS
SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
MONTHS.
S 9. This act shall take effect on the ninetieth day after it shall
have become a law.