S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3796
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee 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;
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02813-01-7

 A. 3796                             2
 
 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 OFFI-
 CER, AND ANY STAFF DEEMED NECESSARY BY THE CHAIR OR  VICE-CHAIR  OF  THE
 BOARD,  CHIEF EXECUTIVE OFFICER, OR THE CHIEF FINANCIAL OFFICER TO PRES-
 ENT TESTIMONY OR RESPOND TO QUESTIONS AT ANY APPEARANCE REQUIRED  PURSU-
 ANT  TO  THIS SUBDIVISION. THE PRESIDING OFFICER MAY REQUEST THE APPEAR-
 ANCE OF ANY OFFICER OR EMPLOYEE OF THE PORT AUTHORITY. FOR  PURPOSES  OF
 THIS  SUBDIVISION,  AS APPLICABLE TO NEW YORK STATE, "PRESIDING 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 SPEAK-
 ER 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.
   § 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.
   § 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

 A. 3796                             3
 
 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.
   § 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-

 A. 3796                             4
 
 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.
   §  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.