S T A T E   O F   N E W   Y O R K
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                                  9569

                          I N  A S S E M B L Y

                             March 17, 2016
                               ___________

Introduced  by  M.  of  A. BRENNAN, CUSICK, COOK, ROBINSON, ROZIC, OTIS,
  BUCHWALD, MILLER, DINOWITZ, MOSLEY, LINARES -- Multi-Sponsored  by  --
  M.  of  A.  ABBATE,  BLAKE,  BRAUNSTEIN, CAHILL, ENGLEBRIGHT, FARRELL,
  GALEF,  GLICK,  GOTTFRIED,  JAFFEE,  LAVINE,  LENTOL,  MAGEE,  MARKEY,
  RIVERA, SEPULVEDA, SIMON, STIRPE, THIELE, WEINSTEIN, ZEBROWSKI -- read
  once  and  referred  to the Committee on Corporations, Authorities and
  Commissions

AN ACT to amend chapter 154 of the laws of 1921  relating  to  the  port
  authority  of  New  York  and  New  Jersey,  in relation to collective
  employment negotiations, notice of the issuance of  debt  and  capital
  plans and projects

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

  Section 1. Subparagraph 4 of paragraph e of subdivision 6  of  article
IV  of section 1 of chapter 154 of the laws of 1921 relating to the port
authority of New York and New Jersey, as amended by chapter 559  of  the
laws of 2015, is amended to read as follows:
  (4)  interview  any  officer  or employee of the port authority or its
subsidiaries on any matter related to the performance of such officer or
employee's official duties. [To the extent  that  any  portion  of  this
paragraph  is  inconsistent  with any current contractual obligations of
the port authority, this paragraph shall  not  be  applicable  to  those
obligations  until  the  earliest  expiration  of  those terms under the
contract] TO THE EXTENT THAT THE TERMS AND CONDITIONS OF  EMPLOYMENT  OF
ANY  EMPLOYEE  ARE ESTABLISHED BY COLLECTIVE NEGOTIATIONS, ANY INTERVIEW
CONDUCTED PURSUANT TO THIS PARAGRAPH MUST  BE  IN  ACCORDANCE  WITH  ANY
APPLICABLE  PROVISIONS  OF  THE  CURRENT,  OR  MOST  RECENT, IF EXPIRED,
COLLECTIVE NEGOTIATIONS AGREEMENT COVERING THE TERMS AND  CONDITIONS  OF
EMPLOYMENT OF THE EMPLOYEE;
  S  2.  Subdivision  8 of article IV of section 1 of chapter 154 of the
laws of 1921 relating to the port authority of New York and New  Jersey,
as  added  by  chapter  559  of  the laws of 2015, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13869-02-6
              

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  8.  A. THE PORT AUTHORITY, AT THE REQUEST OF THE ASSEMBLY OR SENATE OF
THE NEW YORK STATE LEGISLATURE OR THE GENERAL ASSEMBLY OR SENATE OF  THE
NEW  JERSEY  STATE  LEGISLATURE,  SHALL  BE  REQUIRED TO APPEAR BEFORE A
COMMITTEE OF THE REQUESTING STATE LEGISLATIVE HOUSE, UPON REQUEST BY THE
PRESIDING  OFFICER OF THAT STATE LEGISLATIVE HOUSE, TO PRESENT TESTIMONY
ON ANY TOPIC OR SUBJECT REQUESTED BY THE  COMMITTEE  OR  TO  RESPOND  TO
QUESTIONS  BY  MEMBERS  OF  THE  COMMITTEE. THE ASSEMBLY OF THE NEW YORK
STATE LEGISLATURE, THE SENATE OF THE NEW  YORK  STATE  LEGISLATURE,  THE
GENERAL  ASSEMBLY OF THE NEW JERSEY STATE LEGISLATURE, AND THE SENATE OF
THE NEW JERSEY STATE LEGISLATURE SHALL EACH  BE  ENTITLED  TO  TWO  SUCH
REQUESTS PER CALENDAR YEAR.
  B.  UNLESS  OTHERWISE  AGREED TO BY THE PRESIDING OFFICER OF THE STATE
LEGISLATIVE HOUSE REQUESTING THE APPEARANCE OF THE PORT  AUTHORITY,  THE
PORT  AUTHORITY  SHALL,  AT  A  MINIMUM,  BE REPRESENTED BY THE CHAIR OR
VICE-CHAIR OF THE BOARD, CHIEF EXECUTIVE OFFICER,  THE  CHIEF  FINANCIAL
OFFICER,  AND  ANY  STAFF DEEMED NECESSARY BY THE CHAIR OR VICE-CHAIR OF
THE BOARD, CHIEF EXECUTIVE OFFICER, OR THE CHIEF  FINANCIAL  OFFICER  TO
PRESENT  TESTIMONY  OR  RESPOND  TO QUESTIONS AT ANY APPEARANCE REQUIRED
PURSUANT TO THIS SUBDIVISION. THE  PRESIDING  OFFICER  MAY  REQUEST  THE
APPEARANCE  OF  ANY  OFFICER  OR  EMPLOYEE  OF  THE  PORT AUTHORITY. FOR
PURPOSES OF THIS SUBDIVISION, AS APPLICABLE TO NEW YORK STATE,  "PRESID-
ING  OFFICER"  SHALL  MEAN SPEAKER OF THE ASSEMBLY OF THE NEW YORK STATE
LEGISLATURE OR TEMPORARY PRESIDENT OF THE SENATE OF THE NEW  YORK  STATE
LEGISLATURE.  FOR  PURPOSES  OF  THIS  SUBDIVISION, AS APPLICABLE TO THE
STATE OF NEW JERSEY "PRESIDING OFFICER" SHALL MEAN THE PRESIDENT OF  THE
SENATE  OR  THE  SPEAKER  OF  THE  GENERAL  ASSEMBLY OF THE STATE OF NEW
JERSEY.
  9. Barrier-free access. The port authority shall make or cause  to  be
made  all reasonable efforts to ensure that meetings are held in facili-
ties that permit barrier-free physical access to people  with  disabili-
ties. If the board determines to use video conferencing or similar tech-
nology  to  conduct its meeting, it shall provide an opportunity for the
public to attend, listen and observe such a meeting.
  S 3. Subdivision 3 of article VII-B of section 1 of chapter 154 of the
laws of 1921 relating to the port authority of New York and  New  Jersey
is amended by adding a new paragraph d to read as follows:
  D.  60 DAYS PRIOR TO THE ISSUANCE OF ANY DEBT BY THE SUBSIDIARY CORPO-
RATION, OR THE PORT AUTHORITY ON BEHALF OF THE  SUBSIDIARY  CORPORATION,
THE  PORT  AUTHORITY SHALL PROVIDE NOTICE TO THE GOVERNOR OF EACH STATE,
THE MAJORITY LEADER OF EACH HOUSE OF THE LEGISLATURE OF EACH STATE,  THE
CHAIR  OF  THE  SENATE  FINANCE  COMMITTEE OF NEW YORK, THE CHAIR OF THE
SENATE BUDGET AND APPROPRIATIONS COMMITTEE OF NEW JERSEY, THE  CHAIR  OF
THE  ASSEMBLY WAYS AND MEANS COMMITTEE OF NEW YORK, AND THE CHAIR OF THE
ASSEMBLY BUDGET COMMITTEE OF NEW JERSEY. FOR PURPOSES OF  THIS  SECTION,
AS  APPLICABLE TO NEW YORK STATE "MAJORITY LEADER" SHALL MEAN SPEAKER OF
THE ASSEMBLY OF THE NEW YORK STATE LEGISLATURE OR TEMPORARY PRESIDENT OF
THE SENATE OF THE NEW YORK  STATE  LEGISLATURE.  FOR  PURPOSES  OF  THIS
SECTION,  AS  APPLICABLE  TO  THE  STATE OF NEW JERSEY "MAJORITY LEADER"
SHALL MEAN THE PRESIDENT OF THE SENATE OR THE  SPEAKER  OF  THE  GENERAL
ASSEMBLY OF THE STATE OF NEW JERSEY.
  S 4. Subdivision 3 of article VII-D of section 1 of chapter 154 of the
laws  of 1921 relating to the port authority of New York and New Jersey,
as added by chapter 559 of the laws of  2015,  is  amended  to  read  as
follows:
  3.  Capital plan. A. The port authority shall adopt a ten-year capital
plan that is developed using a comprehensive planning process and  risk-

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based  prioritization  that  considers  asset condition, operational and
revenue impact, threat assessment, customer service,  regional  benefit,
and  regulatory  or  statutory  requirements.  The capital plan shall be
dependent   upon  the  availability  of  sufficient  funding  and  other
resources to pursue the capital projects proposed for the ten-year peri-
od. Performance progress and revisions to reflect changes  in  programs,
policies  and  projects  and the environment in which the port authority
operates shall be reviewed regularly by a committee  designated  by  the
board  of  commissioners,  and the capital plan shall be revised period-
ically as necessary and appropriate, and  shall  be  reviewed  with  the
board  of  commissioners  annually.  The port authority shall publish an
annual report on the status of the capital program and such report shall
be made publicly available on the port  authority's  website.  Prior  to
adoption  of a capital plan, the port authority shall make such proposed
plan available for public review and comments on its public website  for
at  least  two weeks prior to approval, and all comments received are to
be distributed to the board of commissioners for review prior to consid-
eration of the capital plan.
  B. THE PORT AUTHORITY SHALL ALSO PROVIDE THAT MAJOR  CAPITAL  PROJECTS
ARE  MONITORED  BY  INDEPENDENT ENGINEERING CONSULTANTS. THE INDEPENDENT
CONSULTANTS SHALL PREPARE ANNUAL REPORTS TO BE PROVIDED TO THE BOARD AND
MADE AVAILABLE TO THE PUBLIC.  THE ANNUAL REPORTS PREPARED BY  INDEPEND-
ENT  CONSULTANTS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, A COMPARISON OF
ACTUAL AND TARGET PERFORMANCE MEASURES INCLUDING, BUT  NOT  LIMITED  TO,
COSTS  AND  CONSTRUCTION  SCHEDULES,  AND A NARRATIVE EXPLANATION OF ANY
DISCREPANCY THEREOF. FOR THE PURPOSES OF THIS SUBDIVISION, "MAJOR  CAPI-
TAL  PROJECT"  MEANS  AN  UNDERTAKING  OR  PROGRAM  FOR THE ACQUISITION,
CREATION, OR DEVELOPMENT OF ANY CROSSING,  TRANSPORTATION  FACILITY,  OR
COMMERCE  FACILITY  OR ANY PART THEREOF, WITH AN ESTIMATED TOTAL PROJECT
COST IN EXCESS OF $500,000,000.
  C. NO LESS THAN 60 DAYS PRIOR TO ANY BOARD ADOPTION OF A CAPITAL PLAN,
AS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION, OR ANY  MAJOR  REVISION
OF  THE  LAST  ADOPTED CAPITAL PLAN, THE PORT AUTHORITY SHALL NOTIFY THE
ASSEMBLY AND SENATE OF THE STATE OF NEW YORK AND  THE  GENERAL  ASSEMBLY
AND SENATE OF THE NEW JERSEY STATE LEGISLATURE OF ITS INTENTION TO ADOPT
A  CAPITAL PLAN, OR ANY MAJOR REVISION OF THE LAST ADOPTED CAPITAL PLAN.
IN EITHER CASE, THE NOTICE SHALL RECITE THE MAJOR ELEMENTS OF THE  CAPI-
TAL PLAN TO BE ADOPTED.
  D. WITHIN 60 DAYS OF THE NOTICE PROVIDED IN PARAGRAPH C OF THIS SUBDI-
VISION,  THE  PORT  AUTHORITY  SHALL  CONDUCT A PUBLIC HEARING ABOUT THE
CAPITAL PLAN OR ANY MAJOR REVISION THEREOF IN THE STATE OF NEW YORK  AND
IN THE THE STATE OF NEW JERSEY.
  E.  THE PORT AUTHORITY SHALL CONDUCT A STATUS UPDATE PUBLIC HEARING IN
THE STATE OF NEW YORK AND IN THE STATE OF NEW JERSEY AT LEAST ONCE EVERY
THREE YEARS AFTER THE ADOPTION OF THE CAPITAL PLAN BY THE PORT  AUTHORI-
TY.  SUCH  PUBLIC HEARING SHALL BE KNOWN AS "CAPITAL STATUS UPDATE HEAR-
ING" AND AT SUCH HEARING THE PORT AUTHORITY SHALL PROVIDE  IN  DETAIL  A
WRITTEN  DESCRIPTION  OF THE STATUS OF ALL CAPITAL PLAN PROJECTS AND THE
COSTS AND THE EXPECTED COSTS OF THOSE PROJECTS. AT SUCH PUBLIC  HEARING,
THE  PORT  AUTHORITY  SHALL PROVIDE A FINANCING PLAN THAT IDENTIFIES THE
SOURCE OF FUNDING FOR EACH PROJECT. THE PORT AUTHORITY SHALL PROVIDE  AN
ANALYSIS  THAT  COMPARES  ACTUAL  AND TARGET PERFORMANCE MEASURES, AND A
DETAILED WRITTEN EXPLANATION OF ANY DISCREPANCY THEREOF  AT  THE  PUBLIC
HEARING.
  S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of

A. 9569                             4

competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 6. This act shall take effect upon the enactment  into  law  by  the
state  of New Jersey of legislation having an identical effect with this
act, and upon the enactment into law by  the  state  of  New  Jersey  of
legislation  having  an identical effect with chapter 559 of the laws of
2015 pursuant to section 6 of such chapter, but  if  the  state  of  New
Jersey  shall have already enacted such legislation, then this act shall
take effect immediately. The chairperson of  the  port  authority  shall
notify  the legislative bill drafting commission upon the enactment into
law of such legislation by both such states in order that the commission
may maintain an accurate and timely effective data base of the  official
text  of  the  laws of the state of New York in furtherance of effecting
the provisions of section 44 of the legislative law and section 70-b  of
the public officers law.