NY State Senate Bill 2015-S7116

Senate Bill S7116

2015-2016 Legislative Session

Relates to collective employment negotiations, notice of the issuance of debt and capital plans and projects of the port authority of New York and New Jersey

download bill text pdf

Archive: Last Bill Status - In Assembly 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to corporations, authorities and commissions delivered to assembly passed senate ordered to third reading cal.1691 committee discharged and committed to rules
Mar 30, 2016	referred to corporations, authorities and commissions

Votes

- Jun 14, 2016 - Floor Vote
  S7116
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 14, 2016 - Rules Committee Vote
  S7116
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 14, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      excused (1)
      
      Parker

co-Sponsors

2015-S7116 (ACTIVE) - Details

See Assembly Version of this Bill:: A9569
Current Committee:: Assembly Corporations, Authorities And Commissions
Law Section:: Port Authority of New York and New Jersey
Laws Affected:: Amd Arts IV, VII-B & VII-D, §1 of Chap 154 of 1921
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6305, A3796, A9992
2019-2020: S2390, A799
2021-2022: S5616
2023-2024: S4611

2015-S7116 (ACTIVE) - Summary

Relates to collective employment negotiations, notice of the issuance of debt and capital plans and projects of the port authority of New York and New Jersey.

2015-S7116 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7116

 TITLE OF BILL :

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

 PURPOSE :

To amend the Port Authority of New York and New Jersey Transparency
and Accountability Act of 2015 to include new reforms added by the New
Jersey State legislature.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill would require that any interview conducted by
the inspector general must be in accordance with any applicable
provisions of the current collective bargaining agreement.

Section two would authorize the leader of the Assembly and Senate of
either State to request the Port Authority to appear before a standing
committee to present testimony on any topic or subject requested by
the committee. Unless otherwise agreed to by the requesting leader,
the Port Authority must be represented at the hearing by the chair or

vice-chair, the CEO, the CFO and any necessary staff.

Section three would require the Port Authority to provide sixty days
notice to the governors of both states, the leaders of each house of
the legislature, and the chair of the budget committees of both houses
before the issuance of any debt by a subsidiary of the Port Authority
or by the Port Authority on behalf of its subsidiary.

Section four would require all major capital projects, the cost of
which exceeds $500 million, to be monitored by independent engineering
consultants. The consultants shall prepare annual reports containing,
among other information, a comparison of actual and target performance
measures, costs and construction schedules, including any
discrepancies.

Section four would also require the Port Authority to notify the
legislature of both states at least 60 days prior to the adoption of a
capital plan. During the 60 days, the Port Authority must conduct a
public hearing in NY and in NJ, and would be required to conduct a
"status update" public hearing in NY and in NJ at least once every
three years after the adoption of the capital plan.

Section five sets forth the severability clause.

Section six provides that this act shall take effect upon the
enactment by the state of New Jersey of legislation having an
identical effect with this act.

 JUSTIFICATION :

In December of 2015, Governor Cuomo signed into law, as chapter 559,
the PANYNJ Transparency and Accountability Act of 2015. Since similar
legislation must be enacted in New Jersey before the reforms can take
effect, the New Jersey State legislature are taking the necessary
steps to pass a similar bill.

The sponsors of the New Jersey bill have added several new provisions
to chapter 559, including clarification that any interview conducted
by the Port Authority IG shall be performed in accordance with the
provisions of existing collective bargaining agreements.
The additional provisions are consistent with the spirit of improved
transparency and accountability, and would enhance their value and
effectiveness.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
Immediately.

2015-S7116 (ACTIVE) - Bill Text download pdf

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

                                  7116

                            I N  S E N A T E

                             March 30, 2016
                               ___________

Introduced  by  Sens.  LANZA,  GOLDEN,  SAVINO -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Corpo-
  rations, 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:
  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

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

                                                           LBD13869-02-6

S. 7116                             2

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-
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-

S. 7116                             3

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
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

S. 7116                             4

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7116

Share this bill

Sponsored By

Andrew J. Lanza