S T A T E O F N E W Y O R K
________________________________________________________________________
5002
2017-2018 Regular Sessions
I N S E N A T E
March 3, 2017
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law, in relation to establishing
a committee on safety within the metropolitan transportation authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 4 of section 1263 of the
public authorities law, as amended by chapter 549 of the laws of 1994,
is amended to read as follows:
(b) The chairman shall establish committees to assist him in the
performance of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be a committee on
operations of the New York city transit authority, the Manhattan and
Bronx surface transit operating authority and the Staten Island rapid
transit operating authority; a committee on operations of the Long
Island Rail Road and the metropolitan suburban bus authority; a commit-
tee on operations of the Metro-North commuter railroad; a committee on
operations of the Triborough bridge and tunnel authority; a committee on
finance; [and] a committee on capital program oversight; AND A COMMITTEE
ON SAFETY. In addition to such appointed members, each of the non-voting
members referred to in subparagraph two of paragraph (a) of subdivision
one of this section shall serve on the committee on capital program
oversight, the committee on finance, THE COMMITTEE ON SAFETY, the
committee on operations of the Triborough bridge and tunnel authority,
and the operations committee relevant to the commuter council that
recommended such member. The alternate non-voting members shall each
serve on the respective operations committee relevant to the commuter
council that recommended each member. The committee on capital program
oversight AND THE COMMITTEE ON SAFETY shall include not less than three
members, and shall include the chairpersons of the committee on oper-
ations of the New York city transit authority, the Manhattan and Bronx
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07575-01-7
S. 5002 2
surface transit operating authority and the Staten Island rapid transit
operating authority, the committee on operations of the Long Island Rail
Road and the metropolitan suburban bus authority, and the committee on
operations of the Metro-North commuter railroad. [Such] THE COMMITTEE ON
SAFETY SHALL CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIR-
PERSON, THAT IS A MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE
COMMITTEE ON SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS, OR
FAILURES INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND (3)
THE PUBLIC AT LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES.
THE CAPITAL PROGRAM committee shall, with respect to any approved or
proposed capital program plans, (i) monitor the current and future
availability of funds to be utilized for such plans approved or proposed
to be submitted to the metropolitan transportation capital program
review board as provided in section twelve hundred sixty-nine-b of this
title; (ii) monitor the contract awards of the metropolitan transporta-
tion authority and the New York city transit authority to insure that
such awards are consistent with (A) provisions of law authorizing United
States content and New York state content; (B) collective bargaining
agreements; (C) provisions of law providing for participation by minori-
ty and women-owned businesses; (D) New York state labor laws; (E)
competitive bidding requirements including those regarding sole source
contracts; and (F) any other relevant requirements established by law;
(iii) monitor the award of contracts to determine if such awards are
consistent with the manner in which the work was traditionally performed
in the past provided, however, that any such determination shall not be
admissible as evidence in any arbitration or judicial proceeding; (iv)
review the relationship between capital expenditures pursuant to each
such capital program plan and current and future operating budget
requirements; (v) monitor the progress of capital elements described in
each capital program plan approved as provided in section twelve hundred
sixty-nine-b of this title; (vi) monitor the expenditures incurred and
to be incurred for each such element; and (vii) identify capital
elements not progressing on schedule, ascertain responsibility therefor
and recommend those actions required or appropriate to accelerate their
implementation. The CAPITAL PROGRAM committee shall issue a quarterly
report on its activities and findings, and shall in connection with the
preparation of such quarterly report, consult with the state division of
the budget, the state department of transportation, the members of the
metropolitan transportation authority capital program review board and
any other group the committee deems relevant, including public employee
organizations, and, at least annually, with a nationally recognized
independent transit engineering firm. Such report shall be made avail-
able to the members of the authority, to the members of the metropolitan
transportation authority capital program review board, and the directors
of the municipal assistance corporation for the city of New York.
§ 2. Paragraph (b) of subdivision 4 of section 1263 of the public
authorities law, as amended by chapter 494 of the laws of 1990, is
amended to read as follows:
(b) The chairman shall establish committees to assist him in the
performance of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be a committee on
operations of the New York city transit authority, the Manhattan and
Bronx surface transit operating authority and the Staten Island rapid
transit operating authority; a committee on operations of the Long
Island Rail Road and the metropolitan suburban bus authority; a commit-
tee on operations of the Metro-North commuter railroad; a committee on
S. 5002 3
operations of the Triborough bridge and tunnel authority; a committee on
finance; [and] a committee on capital program oversight; AND A COMMITTEE
ON SAFETY. The committee on capital program oversight shall include not
less than [three] FOUR members, and shall include the chairpersons of
the committee on operations of the New York city transit authority, the
Manhattan and Bronx surface transit operating authority and the Staten
Island rapid transit operating authority, the committee on operations of
the Long Island Rail Road and the metropolitan suburban bus authority,
[and] the committee on operations of the Metro-North commuter railroad,
AND THE COMMITTEE ON SAFETY. [Such] THE COMMITTEE ON SAFETY SHALL
CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIRPERSON, THAT IS A
MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE COMMITTEE ON
SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS, OR FAILURES
INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND (3) THE
PUBLIC AT LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES. THE
CAPITAL PROGRAM committee shall, with respect to any approved or
proposed capital program plans, (i) monitor the current and future
availability of funds to be utilized for such plans approved or proposed
to be submitted to the metropolitan transportation capital program
review board as provided in section twelve hundred sixty-nine-b of this
title; (ii) monitor the contract awards of the metropolitan transporta-
tion authority and the New York city transit authority to insure that
such awards are consistent with (A) provisions of law authorizing United
States content and New York state content; (B) collective bargaining
agreements; (C) provisions of law providing for participation by minori-
ty and women-owned businesses; (D) New York state labor laws; (E)
competitive bidding requirements including those regarding sole source
contracts; and (F) any other relevant requirements established by law;
(iii) monitor the award of contracts to determine if such awards are
consistent with the manner in which the work was traditionally performed
in the past provided, however, that any such determination shall not be
admissible as evidence in any arbitration or judicial proceeding; (iv)
review the relationship between capital expenditures pursuant to each
such capital program plan and current and future operating budget
requirements; (v) monitor the progress of capital elements described in
each capital program plan approved as provided in section twelve hundred
sixty-nine-b of this title; (vi) monitor the expenditures incurred and
to be incurred for each such element; and (vii) identify capital
elements not progressing on schedule, ascertain responsibility therefor
and recommend those actions required or appropriate to accelerate their
implementation. The CAPITAL PROGRAM committee shall issue a quarterly
report on its activities and findings, and shall in connection with the
preparation of such quarterly report, consult with the state division of
the budget, the state department of transportation, the members of the
metropolitan transportation authority capital program review board and
any other group the committee deems relevant, including public employee
organizations, and, at least annually, with a nationally recognized
independent transit engineering firm. Such report shall be made avail-
able to the members of the authority, to the members of the metropolitan
transportation authority capital program review board, and the directors
of the municipal assistance corporation for the city of New York.
§ 3. This act shall take effect immediately, provided that the amend-
ments to paragraph (b) of subdivision 4 of section 1263 of the public
authorities law made by section one of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 3 of
S. 5002 4
chapter 549 of the laws of 1994, as amended, when upon such date the
provisions of section two of this act shall take effect.