NY State Senate Bill 2019-S3837

Archive: Last Bill Status - In Senate Committee Transportation 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2020	print number 3837a
Mar 10, 2020	amend and recommit to transportation
Jan 08, 2020	referred to transportation
Jun 20, 2019	committed to rules
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.517
Feb 19, 2019	referred to transportation

Votes

- Apr 30, 2019 - Transportation Committee Vote
  S3837
  
  14
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Apr 30, 2019
      
      aye (14)
      
      Benjamin
      
      Carlucci
      
      Gallivan
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Liu
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Robach
      
      Sepúlveda
      
      Skoufis
      
      nay (1)
      
      O'Mara

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S3837 - Details

See Assembly Version of this Bill:: A6770
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2889, A1603
2023-2024: S20, A923

2019-S3837 - Summary

Relates to increasing membership on the board of the metropolitan transportation authority, including members representative of commuters' advisory councils.

2019-S3837 - Sponsor Memo

                                
 
BILL NUMBER: S3837

SPONSOR: GOUNARDES
 
TITLE OF BILL:  An act to amend the public authorities law, in
relation to membership on the board of the metropolitan transportation
authority

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will add four rider representatives to the MTA Board as
voting members.

 
SUMMARY OF PROVISIONS:

Sections one and two of this bill amend Public Authorities Law section
1263(a)(1)(a) to add four new voting members and three non-voting
members to the MTA Board. This will increase the total number of voting
members to 20, plus the chairperson. The new voting members will be
rider representatives. Each of the following rider councils will have
one voting representative on the MTA Board. (1) the New York City Trans-
it Authority Advisory Council, (2) the Metro-North Rail Commuter Coun-

cil, (3) the Long Island Rail Road Commuter Council, and (4) the MTA New
York City Transit Paratransit Advisory Committee. The first three Commu-
ter Councils listed above were non-voting members of the MTA Board.

Sections one and two of this bill also amends Public Authorities Law
section 1263(a)(1)(b) to increase the number of non-voting members to
the MTA board from 2 to 3 and to eliminate the four alternate non-voting
members. The three non-voting members are from the following labor
organizations that represent the majority of the employees employed by
(1) the New York City Transit Authority, (2) the Long Island Rail Road,
and (3) the Metro-North Commuter Railroad Company.

Finally, sections one and two change the term "chairman" to "chair-
person."

Sections three and five of this bill makes technical amendments to
reflect the change in the number of non-voting MTA Board members and to
change the term "chairman" to "chairperson."

Sections four, six, and seven are technical amendments to change the
term "chairman" to "chairperson."

Section five of this bill provides that this act shall take effect imme-
diately; provided that the amendments to paragraph (a) of subdivision 1
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 para-
graph pursuant to section 3 of chapter 549 of the laws of 1994, as
amended, when upon such date the provisions of section two of thisrad
shall take effect; and provided further that the amendments to paragraph
(b) of subdivision 4 of section 1263 of the public authorities law made
by section five of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of chapter 549 of
the laws of 1994, as amended, when upon such date the provisions of
section six of this act shall take effect.

 
EXISTING LAW:


Currently, the MTA Board consists of the chair, 16 voting members, 2
non-voting members and 4 alternate non-voting members. The commuter
council representatives, as well as the representatives from the labor
organizations, are non-voting members.

 
JUSTIFICATION:

The MTA board drives the policies and procedures for the entire MTA
system, which includes the New York City Transit Authority, the Long
Island Rail Road, and the Metro-North Commuter Railroad Company.  While
New York the New York City Transit Authority plays a vital role in
transporting individuals throughout the five boroughs, the Long Island
Rail Road, and the Metro-North Commuter Railroad Company play vital
roles and transporting people who live outside New York City into the
New York City.

Unfortunately, the commuter councils for the New York City Transit
Authority, the Long Island Rail Road, and the Metro-North Commuter Rail-
road Company and the MTA New York City Transit Paratransit Advisory
Committee do not have voting membership on the MTA Board.  The MTA board
can no longer make decisions without providing its riders with an
adequate voice. This legislation will provide a voice for riders who are
represented by the New York City Transit Authority Advisory Council, the
Metro-North Rail Commuter Council, the Long Island Rail Road Commuter
Council, and the MTA New York City Transit Paratransit Advisory Commit-
tee.

On its' website, the MTA states "The MTA network comprises the nation's
largest bus fleet and more subway and commuter rail cars than all other
U.S. transit systems combined. It provides over 2.6 billion trips each
year, accounting for about one-third of the nation's mass transit users
and two-thirds its commuter rail passengers." With more than 2.6 billion
trips a year, it is safe to say that a significant number of people rely
on the MTA's services.  We need to ensure that their voices are heard
and that their issues are discussed by the full MTA board.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
paragraph (a) of subdivision 1 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 paragraph pursuant to section 3 of chapter 549 of
the laws of 1994, as amended, when upon such date the provisions of
section two of this act shall take effect; and provided further that the
amendments to paragraph (b) of subdivision 4 of section 1263 of the
public authorities law made by section five of this act shall be subject
to the expiration and reversion of such subdivision pursuant to section
3 of chapter 549 of the laws of 1994, as amended, when upon such date
the provisions of section six of this act shall take effect.

2019-S3837 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3837
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2019
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 membership on
   the board of 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 (a) of subdivision  1  of  section  1263  of  the
 public  authorities  law,  as amended by chapter 549 of the laws of 1994
 and subparagraph 1 as amended by section 3 of part H of  chapter  25  of
 the laws of 2009, is amended to read as follows:
   (a)  (1)  There  is  hereby  created  the "metropolitan transportation
 authority." The authority shall be a body corporate and politic  consti-
 tuting  a  public  benefit corporation. The authority shall consist of a
 [chairman] CHAIRPERSON, [sixteen] TWENTY other voting members, and [two]
 THREE non-voting [and four alternate non-voting members],  as  described
 in  subparagraph  two of this paragraph appointed by the governor by and
 with the advice and consent of the senate. Any  member  appointed  to  a
 term commencing on or after June thirtieth, two thousand nine shall have
 experience in one or more of the following areas: transportation, public
 administration, business management, finance, accounting, law, engineer-
 ing,  land use, urban and regional planning, management of large capital
 projects, labor relations, or have experience  in  some  other  area  of
 activity  central to the mission of the authority. Four of the [sixteen]
 TWENTY voting members other than the  [chairman]  CHAIRPERSON  shall  be
 appointed  on the written recommendation of the mayor of the city of New
 York; ONE OF THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL
 BE  APPOINTED ON THE WRITTEN RECOMMENDATION OF THE NEW YORK CITY TRANSIT
 AUTHORITY ADVISORY COUNCIL; ONE OF THE TWENTY VOTING MEMBERS OTHER  THAN
 THE  CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE
 METRO-NORTH RAIL COMMUTER COUNCIL; ONE  OF  THE  TWENTY  VOTING  MEMBERS
 OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07693-01-9

 S. 3837                             2
 
 TION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL; ONE OF THE TWENTY
 VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL  BE  APPOINTED  ON  THE
 WRITTEN  RECOMMENDATION  OF  THE MTA NEW YORK CITY TRANSIT'S PARATRANSIT
 ADVISORY  COMMITTEE  SELECTION COMMITTEE; and each of seven other voting
 members other than the [chairman] CHAIRPERSON shall be  appointed  after
 selection  from  a  written list of three recommendations from the chief
 executive officer of the  county  in  which  the  particular  member  is
 required  to  reside  pursuant to the provisions of this subdivision. Of
 the members appointed on recommendation of the chief  executive  officer
 of  a  county,  one  such member shall be, at the time of appointment, a
 resident of the county of Nassau,  one  a  resident  of  the  county  of
 Suffolk,  one a resident of the county of Westchester, one a resident of
 the county of Dutchess, one a resident of the county of  Orange,  one  a
 resident  of  the  county  of Putnam and one a resident of the county of
 Rockland, provided that the term of any member who is a  resident  of  a
 county  that has withdrawn from the metropolitan commuter transportation
 district pursuant to section twelve hundred seventy-nine-b of this arti-
 cle shall terminate upon the effective date of such county's  withdrawal
 from  such  district. Of the five voting members, other than the [chair-
 man] CHAIRPERSON, appointed by the governor without recommendation  from
 any  other person, three shall be, at the time of appointment, residents
 of the city of New York and two shall be, at the  time  of  appointment,
 residents  of  such city or of any of the aforementioned counties in the
 metropolitan commuter transportation  district.  The  [chairman]  CHAIR-
 PERSON  and  each  of  the  members shall be appointed for a term of six
 years, provided however, that the [chairman] CHAIRPERSON first appointed
 shall serve for a term ending June thirtieth, nineteen  hundred  eighty-
 one,  provided  that thirty days after the effective date of the chapter
 of the laws of two thousand nine which amended  this  subparagraph,  the
 term of the [chairman] CHAIRPERSON shall expire; provided, further, that
 such  [chairman] CHAIRPERSON may continue to discharge the duties of his
 or her office until the position of [chairman] CHAIRPERSON is filled  by
 appointment  by  the  governor upon the advice and consent of the senate
 and the term of such new [chairman]  CHAIRPERSON  shall  terminate  June
 thirtieth,  two  thousand  fifteen.  The  [sixteen] TWENTY other members
 first appointed shall serve for the following terms:  The  members  from
 the  counties  of  Nassau  and  Westchester  shall each serve for a term
 ending June thirtieth, nineteen hundred eighty-five;  the  members  from
 the  county of Suffolk and from the counties of Dutchess, Orange, Putnam
 and Rockland shall each serve for a term ending June thirtieth, nineteen
 hundred ninety-two; two of the members appointed  on  recommendation  of
 the  mayor  of  the  city of New York shall each serve for a term ending
 June thirtieth, nineteen hundred eighty-four and, two shall  each  serve
 for  a  term  ending June thirtieth, nineteen hundred eighty-one; two of
 the members appointed by the governor without the recommendation of  any
 other person shall each serve for a term ending June thirtieth, nineteen
 hundred  eighty-two, two shall each serve for a term ending June thirti-
 eth, nineteen hundred eighty and one shall serve for a term ending  June
 thirtieth,  nineteen  hundred  eighty-five;  THE MEMBER APPOINTED BY THE
 GOVERNOR ON RECOMMENDATION OF THE NEW YORK CITY TRANSIT AUTHORITY  ADVI-
 SORY  COUNCIL SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND
 TWENTY-THREE; THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION  OF
 THE METRO-NORTH RAIL COMMUTER COUNCIL SHALL SERVE FOR A TERM ENDING JUNE
 THIRTIETH, TWO THOUSAND TWENTY-THREE; THE MEMBER APPOINTED BY THE GOVER-
 NOR  ON  RECOMMENDATION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL
 SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-THREE;

 S. 3837                             3
 
 AND THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION  OF  THE  MTA
 NEW YORK CITY TRANSIT'S PARATRANSIT ADVISORY COMMITTEE SELECTION COMMIT-
 TEE  SHALL  SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-
 THREE.  [The  two non-voting and four alternate non-voting members shall
 serve until January first, two thousand one.] The members from the coun-
 ties of Dutchess, Orange, Putnam and Rockland shall cast one  collective
 vote.
   (2)  There shall be [two] THREE non-voting members [and four alternate
 non-voting members] of the authority, as referred to in subparagraph one
 of this paragraph.
   The first non-voting member shall be [a regular mass transit  user  of
 the  facilities  of  the authority and be recommended to the governor by
 the New York city transit authority advisory council. The  first  alter-
 nate  non-voting  member  shall  be  a  regular mass transit user of the
 facilities of the authority and be recommended to the  governor  by  the
 Metro-North  commuter  council.  The  second alternate non-voting member
 shall be a regular mass transit user of the facilities of the  authority
 and  be  recommended  to  the  governor  by  the  Long  Island Rail Road
 commuter's council.
   The second non-voting member shall be] recommended to the governor  by
 the  labor  organization  representing  the majority of employees of the
 Long Island Rail Road. The [third alternate]  SECOND  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the majority of employees of the New York city transit authority.
 The [fourth alternate] THIRD non-voting member shall be  recommended  to
 the  governor  by  the  labor  organization representing the majority of
 employees of the Metro-North Commuter Railroad Company.  The  [chairman]
 CHAIRPERSON  of  the  authority,  at  his  OR HER direction, may exclude
 [such] ANY non-voting  member  [or  alternate  non-voting  member]  from
 attending  any portion of a meeting of the authority or of any committee
 established pursuant to  paragraph  (b)  of  subdivision  four  of  this
 section  held  for  the  purpose  of  discussing negotiations with labor
 organizations.
   [The non-voting  member  and  the  two  alternate  non-voting  members
 representing  the New York York city transit authority advisory council,
 the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
 commuter's  council  shall  serve  eighteen  month rotating terms, after
 which time an alternate non-voting member shall  become  the  non-voting
 member  and  the rotation shall continue until each alternate member has
 served at least one eighteen month term  as  a  non-voting  member.  The
 other  non-voting  member  and alternate non-voting members representing
 the New York  city  transit  authority,  Metro-North  Commuter  Railroad
 Company,  and  the Long Island Rail Road labor organizations shall serve
 eighteen month rotating terms, after which time an alternate  non-voting
 member shall become the non-voting member and the rotation shall contin-
 ue  until  each  alternate member has served at least one eighteen month
 term as a non-voting member. The  transit  authority  and  the  commuter
 railroads  shall  not  be represented concurrently by the two non-voting
 members during any such eighteen month period.]
   § 2. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
 authorities  law, as amended by section 4 of part H of chapter 25 of the
 laws of 2009, is amended to read as follows:
   (a) There is hereby created the "metropolitan transportation  authori-
 ty."  The authority shall be a body corporate and politic constituting a
 public benefit corporation. The authority shall consist of a  [chairman]
 CHAIRPERSON and [sixteen] TWENTY other members appointed by the governor

 S. 3837                             4
 
 by  and  with the advice and consent of the senate. Any member appointed
 to a term commencing on or after June thirtieth, two thousand nine shall
 have experience in one or more of  the  following  areas  of  expertise:
 transportation,  public  administration,  business  management, finance,
 accounting, law, engineering, land use,  urban  and  regional  planning,
 management  of  large capital projects, labor relations, or have experi-
 ence in some other area of  activity  central  to  the  mission  of  the
 authority.  Four  of the [sixteen] TWENTY members other than the [chair-
 man] CHAIRPERSON shall be appointed on the written recommendation of the
 mayor of the city of New York; ONE OF THE TWENTY  VOTING  MEMBERS  OTHER
 THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF
 THE  NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL; ONE OF THE TWENTY
 VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL  BE  APPOINTED  ON  THE
 WRITTEN  RECOMMENDATION OF THE METRO-NORTH RAIL COMMUTER COUNCIL; ONE OF
 THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE  APPOINTED
 ON  THE  WRITTEN  RECOMMENDATION OF THE LONG ISLAND RAIL ROAD COMMUTER'S
 COUNCIL; ONE OF THE TWENTY VOTING MEMBERS  OTHER  THAN  THE  CHAIRPERSON
 SHALL  BE  APPOINTED  ON  THE WRITTEN RECOMMENDATION OF THE MTA NEW YORK
 CITY TRANSIT'S PARATRANSIT ADVISORY COMMITTEE SELECTION  COMMITTEE;  and
 each  of seven other members other than the [chairman] CHAIRPERSON shall
 be appointed after selection from a written list  of  three  recommenda-
 tions  from  the  chief  executive  officer  of  the county in which the
 particular member is required to reside pursuant to  the  provisions  of
 this  subdivision.  Of  the  members  appointed on recommendation of the
 chief executive officer of a county, one such member shall  be,  at  the
 time  of appointment, a resident of the county of Nassau; one a resident
 of the county of Suffolk; one a resident of the county  of  Westchester;
 and  one  a  resident  of  the county of Dutchess, one a resident of the
 county of Orange, one a resident of the county of Putnam and one a resi-
 dent of the county of Rockland, provided that the term of any member who
 is a resident of a county  that  has  withdrawn  from  the  metropolitan
 commuter  transportation  district  pursuant  to  section twelve hundred
 seventy-nine-b of this article shall terminate upon the  effective  date
 of  such  county's  withdrawal  from such district. Of the five members,
 other than the [chairman] CHAIRPERSON, appointed by the governor without
 recommendation from any other person, three shall be,  at  the  time  of
 appointment,  residents of the city of New York and two shall be, at the
 time of appointment, residents of such city or of any of  the  aforemen-
 tioned  counties  in  the metropolitan commuter transportation district.
 The [chairman] CHAIRPERSON and each of the members  shall  be  appointed
 for  a  term  of six years, provided however, that the [chairman] CHAIR-
 PERSON first appointed shall serve for a  term  ending  June  thirtieth,
 nineteen  hundred eighty-one, provided that thirty days after the effec-
 tive date of the chapter of the laws of two thousand nine which  amended
 this  paragraph,  the  term  of the [chairman] CHAIRPERSON shall expire;
 provided, further, that such  [chairman]  CHAIRPERSON  may  continue  to
 discharge  the duties of his OR HER office until the position of [chair-
 man] CHAIRPERSON is filled by  appointment  by  the  governor  upon  the
 advice  and  consent  of  the senate and the term of such new [chairman]
 CHAIRPERSON shall terminate June thirtieth, two  thousand  fifteen.  The
 [sixteen]  TWENTY  other  members  first  appointed  shall serve for the
 following terms: The members from the counties of Nassau and Westchester
 shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
 eighty-five;  the  members from the county of Suffolk and from the coun-
 ties of Dutchess, Orange, Putnam and Rockland shall  each  serve  for  a
 term  ending  June  thirtieth,  nineteen  hundred ninety-two; two of the

 S. 3837                             5
 
 members appointed on recommendation of the mayor of the city of New York
 shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
 eighty-four  and, two shall each serve for a term ending June thirtieth,
 nineteen  hundred eighty-one; two of the members appointed by the gover-
 nor without the recommendation of any other person shall each serve  for
 a  term  ending  June  thirtieth, nineteen hundred eighty-two, two shall
 each serve for a term ending June thirtieth, nineteen hundred eighty and
 one shall serve for a  term  ending  June  thirtieth,  nineteen  hundred
 eighty-five  THE  MEMBER  APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF
 THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL SHALL SERVE  FOR  A
 TERM  ENDING  JUNE  THIRTIETH,  TWO  THOUSAND  TWENTY-THREE;  THE MEMBER
 APPOINTED BY THE GOVERNOR ON  RECOMMENDATION  OF  THE  METRO-NORTH  RAIL
 COMMUTER COUNCIL SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOU-
 SAND  TWENTY-THREE;  THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDA-
 TION OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL SHALL SERVE  FOR  A
 TERM  ENDING  JUNE  THIRTIETH, TWO THOUSAND TWENTY-THREE; AND THE MEMBER
 APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF THE  MTA  NEW  YORK  CITY
 TRANSIT'S PARATRANSIT ADVISORY COMMITTEE SELECTION COMMITTEE SHALL SERVE
 FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-THREE. The members
 from  the  counties  of Dutchess, Orange, Putnam and Rockland shall cast
 one collective vote.
   § 3. Subdivision 2 of the section 1263 of the public authorities  law,
 as  amended  by  chapter  55  of the laws of 1992, is amended to read as
 follows:
   2. The [chairman] CHAIRPERSON and the  first  vice  [chairman]  CHAIR-
 PERSON shall be paid a salary in the amount determined by the authority;
 the other members shall not receive a salary or other compensation. Each
 member,  including the [chairman] CHAIRPERSON and the first vice [chair-
 man] CHAIRPERSON, shall be entitled  to  reimbursement  for  actual  and
 necessary  expenses  incurred  in the performance of his or her official
 duties.
   § 4. Paragraph (a) of subsection 4  of  section  1263  of  the  public
 authorities  law,  as  amended  by  chapter  506 of the laws of 2009, is
 amended to read as follows:
   (a) Notwithstanding any provision of law to the contrary, the  [chair-
 man]  CHAIRPERSON  shall be the chief executive officer of the authority
 and shall be responsible for the discharge of the executive and adminis-
 trative functions and powers of the  authority.  The  [chairman]  CHAIR-
 PERSON  may  appoint  an executive director and such other officials and
 employees as shall in his or her judgment be  needed  to  discharge  the
 executive and administrative functions and powers of the authority.
   §  5.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by section 1 of chapter 425 of the  laws  of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  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 committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. In addition to such appointed members,
 each  of the non-voting members referred to in subparagraph two of para-

 S. 3837                             6
 
 graph (a) of subdivision one of this section shall serve on the  commit-
 tee  on capital program oversight, the committee on finance, the commit-
 tee 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 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.  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) custom-
 ers; (2) employees; and (3) the public at large, in relation to authori-
 ty 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 transpor-
 tation  capital  program  review  board  as  provided  in section twelve
 hundred sixty-nine-b of this title; (ii) monitor the contract awards  of
 the  metropolitan transportation 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 minority and women-owned businesses; (D) New York state
 labor laws; (E) competitive bidding requirements including those regard-
 ing 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 tradi-
 tionally performed in the past provided, however, that any such determi-
 nation shall not be admissible as evidence in any arbitration  or  judi-
 cial   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 capi-
 tal 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 appro-
 priate 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 transpor-
 tation, 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 available 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.

 S. 3837                             7
 
   § 6. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
 authorities  law,  as amended by section 2 of chapter 425 of the laws of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  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 committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. The committee on capital program over-
 sight  shall  include  not less than 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, the committee on operations of the  Metro-North  commuter
 railroad,  and  the  committee  on safety. 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

 S. 3837                             8
 
 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.
   §  7.  Paragraphs  (c) and (d) of subdivision 4 of section 1263 of the
 public authorities law, paragraph (c) as added by  chapter  247  of  the
 laws  of  1990, paragraph (d) as added by section 5 of part H of chapter
 25 of the laws of 2009, are amended to read as follows:
   (c) The [chairman] CHAIRPERSON shall ensure that at every  meeting  of
 the  board  and  at  every meeting of each committee the public shall be
 allotted a period of time, not less than thirty minutes, to speak on any
 topic on the agenda.
   (d) Notwithstanding paragraph (c) of subdivision one of section  twen-
 ty-eight  hundred  twenty-four of this chapter or any other provision of
 law to the contrary, the [chairman] CHAIRPERSON shall not participate in
 establishing authority policies regarding the payment of salary, compen-
 sation and reimbursement to,  nor  establish  rules  for  the  time  and
 attendance of, the chief executive officer. The salary of the [chairman]
 CHAIRPERSON,  as determined pursuant to subdivision two of this section,
 shall also be compensation for all services performed as chief executive
 officer.
   § 8. This act shall take effect immediately; provided that the  amend-
 ments  to  paragraph  (a) of subdivision 1 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  paragraph pursuant to section 3 of
 chapter 549 of the laws of 1994, as amended, when  upon  such  date  the
 provisions  of  section  two of this act shall take effect; and provided
 further that the amendments to paragraph (b) of subdivision 4 of section
 1263 of the public authorities law made by  section  five  of  this  act
 shall  be  subject  to  the expiration and reversion of such subdivision
 pursuant to section 3 of chapter 549 of the laws of  1994,  as  amended,
 when upon such date the provisions of section six of this act shall take
 effect.

co-Sponsors

View additional co-sponsors

2019-S3837A (ACTIVE) - Details

See Assembly Version of this Bill:: A6770
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1263, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2889, A1603
2023-2024: S20, A923

2019-S3837A (ACTIVE) - Summary

Relates to increasing membership on the board of the metropolitan transportation authority, including members representative of commuters' advisory councils.

2019-S3837A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3837A

SPONSOR: GOUNARDES
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to membership on
the board of the metropolitan transportation authority

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will add four rider representatives to the MTA Board as
voting members.

 
SUMMARY OF PROVISIONS:

Sections one and two of this bill amend Public Authorities Law section
1263(a) (1)(a) to add four new voting members and three non-voting
members to the MTA Board. This will increase the total number of voting
members to 20, plus the chairperson. The new voting members will be
rider representatives. Each of the following rider councils will have
one voting representative on the MTA Board. (1) the New York City Trans-

it Authority Advisory Council, (2) the Metro-North Rail Commuter Coun-
cil, (3) the Long Island Rail Road Commuter Council, and (4) a New York
city Transit authority user with a publicly disclosed disability
appointed on the written recommendation of the head of an independent
living center located in New York city.

Sections one and two of this bill also amends Public Authorities Law
section 1263(a)(1)(b) to increase the number of non-voting members to
the MTA board from 2 to 3 and to eliminate the four alternate non-voting
members. The three non-voting members are from the following labor
organizations that represent the majority of the employees employed by
(1) the New York City Transit Authority, (2) the Long Island Rail Road,
and (3) the Metro-North Commuter Railroad Company.

Sections one and two of this bill also amends Public Authorities Law
section 1263 (a) (1) (b)that upon appointment, the four new voting
members of the MTA board will serve a term June thirtieth, two thousand
twenty-four and no more than two six-year terms.  Finally, sections one
and two change the term "chairman" to "chairperson."

Sections three and five of this bill makes technical amendments to
reflect the change in the number of non-voting MTA Board members and to
change the term "chairman" to "chairperson."

Sections four, six, and seven are technical amendments to change the
term "chairman" to "chairperson."

Section five of this bill provides that this act shall take effect imme-
diately; provided that the amendments to paragraph (a) of subdivision 1
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 para-
graph pursuant to section 3 of chapter 549 of the laws of  1994, as
amended, when upon such date the provisions of section two of thisrad
shall take effect; and provided further that the amendments to paragraph
(b) of subdivision 4 of section 1263 of the public authorities law made
by section five of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of chapter 549 of

the laws of 1994, as amended, when upon such date the provisions of
section six of this act shall take effect.

 
EXISTING LAW:

Currently, the MTA Board consists of the chair, 16 voting members, 2
non-voting members and 4 alternate non-voting members. The commuter
council representatives, as well as the representatives from the labor
organizations, are non-voting members.

 
JUSTIFICATION:

The MTA board drives the policies and procedures for the entire MTA
system, which includes the New York City Transit Authority, the Long
Island Rail Road, and the Metro-North Commuter Railroad Company.  While
New York the New York City Transit Authority plays a vital role in
transporting individuals throughout the five boroughs, the Long Island
Rail Road, and the Metro-North Commuter Railroad Company play vital
roles and transporting people who live outside New York City into the
New York City.

Unfortunately, the commuter councils for the New York City Transit
Authority, the Long Island Rail Road, and the Metro-North Commuter Rail-
road Company and the MTA New York City Transit Paratransit Advisory
Committee do not have voting membership on the MTA Board.  The MTA board
can no longer make decisions without providing its riders with an
adequate voice. This legislation will provide a voice for riders who are
represented by the New York City Transit Authority Advisory Council, the
Metro-North Rail Commuter Council, the Long Island Rail Road Commuter
Council, and the MTA New York City Transit Paratransit Advisory Commit-
tee.

On its' website, the MTA states "The MTA network comprises the nation's
largest bus fleet and more subway and commuter rail cars than all other
U.S. transit systems combined. It provides over 2.6 billion trips each
year, accounting for about one-third of the nation's mass transit users
and two-thirds its commuter rail passengers." With more than 2.6 billion
trips a year, it is safe to say that a significant number of people rely
on the MTA's services.  We need to ensure that their voices are heard
and that their issues are discussed by the full MTA board.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
paragraph (a) of subdivision 1 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 paragraph pursuant to section 3 of chapter 549 of
the laws of 1994, as amended, when upon such date the provisions of
section two of this act shall take effect; and provided further that the
amendments to paragraph (b) of subdivision 4 of section 1263 of the
public authorities law made by section five of this act shall be subject
to the expiration and reversion of such subdivision pursuant to section
3 of chapter 549 of the laws of 1994, as amended, when upon such date
the provisions of section six of this act shall take effect.

2019-S3837A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3837--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2019
                                ___________
 
 Introduced by Sens. GOUNARDES, BIAGGI, GIANARIS, KAPLAN, KAVANAGH, MONT-
   GOMERY,  RAMOS  -- read twice and ordered printed, and when printed to
   be committed to the Committee on Transportation -- recommitted to  the
   Committee  on  Transportation in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the public authorities law, in relation to membership on
   the board of 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 (a) of subdivision  1  of  section  1263  of  the
 public  authorities  law,  as amended by chapter 549 of the laws of 1994
 and subparagraph 1 as amended by section 1 of part E of  chapter  39  of
 the laws of 2019, is amended to read as follows:
   (a)(1)  There  is  hereby  created  the  "metropolitan  transportation
 authority."  The authority shall be a body corporate and politic consti-
 tuting a public benefit corporation. The authority shall  consist  of  a
 [chairman] CHAIRPERSON, [sixteen] TWENTY other voting members, and [two]
 THREE  non-voting  [and four alternate non-voting members], as described
 in subparagraph two of this paragraph appointed by the governor  by  and
 with  the  advice  and  consent of the senate. Any member appointed to a
 term commencing on or after June thirtieth, two thousand nine shall have
 experience in one or more of the following areas: transportation, public
 administration, business management, finance, accounting, law, engineer-
 ing, land use, urban and regional planning, management of large  capital
 projects,  labor  relations,  or  have  experience in some other area of
 activity central to the mission of the authority. Four of the  [sixteen]
 TWENTY  voting  members  other  than the [chairman] CHAIRPERSON shall be
 appointed on the written recommendation of the mayor of the city of  New
 York;  ONE OF THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL
 BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE NEW YORK CITY  TRANSIT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07693-02-0

 S. 3837--A                          2
 
 AUTHORITY  ADVISORY COUNCIL; ONE OF THE TWENTY VOTING MEMBERS OTHER THAN
 THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF  THE
 METRO-NORTH  RAIL  COMMUTER  COUNCIL;  ONE  OF THE TWENTY VOTING MEMBERS
 OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDA-
 TION  OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL; ONE OF THE TWENTY
 VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE A NEW YORK CITY TRAN-
 SIT AUTHORITY USER WITH A PUBLICLY DISCLOSED DISABILITY APPOINTED ON THE
 WRITTEN RECOMMENDATION OF THE  HEAD  OF  AN  INDEPENDENT  LIVING  CENTER
 LOCATED  IN  NEW YORK CITY; and each of seven other voting members other
 than the [chairman] CHAIRPERSON shall be appointed after selection  from
 a written list of three recommendations from the chief executive officer
 of  the  county  in  which  the  particular member is required to reside
 pursuant to the provisions of this subdivision. Of the members appointed
 on recommendation of the chief executive officer of a county,  one  such
 member shall be, at the time of appointment, a resident of the county of
 Nassau,  one  a resident of the county of Suffolk, one a resident of the
 county of Westchester, one a resident of the county of Dutchess,  one  a
 resident of the county of Orange, one a resident of the county of Putnam
 and  one a resident of the county of Rockland, provided that the term of
 any member who is a resident of a county that  has  withdrawn  from  the
 metropolitan commuter transportation district pursuant to section twelve
 hundred  seventy-nine-b of this title shall terminate upon the effective
 date of such county's withdrawal from such district. Of the five  voting
 members,  other than the [chairman] CHAIRPERSON, appointed by the gover-
 nor without recommendation from any other person, three shall be, at the
 time of appointment, residents of the city of New York and two shall be,
 at the time of appointment, residents of such city  or  of  any  of  the
 aforementioned  counties  in  the  metropolitan  commuter transportation
 district. Provided  however,  notwithstanding  the  foregoing  residency
 requirement,  one  of  the five voting members appointed by the governor
 without recommendation from any other person, other than the  [chairman]
 CHAIRPERSON,  may  be the director of the New York state division of the
 budget, and provided further that, in the event of such appointment, the
 budget director's membership in the authority shall be  deemed  ex-offi-
 cio.  The  [chairman]  CHAIRPERSON  and  each  of  the  members shall be
 appointed for a term of six years, provided however, that the [chairman]
 CHAIRPERSON first appointed shall serve for a term ending  June  thirti-
 eth,  nineteen  hundred  eighty-one, provided that thirty days after the
 effective date of the chapter of the laws of  two  thousand  nine  which
 amended  this subparagraph, the term of the [chairman] CHAIRPERSON shall
 expire; provided, further, that such [chairman] CHAIRPERSON may continue
 to discharge the duties of his or  her  office  until  the  position  of
 [chairman] CHAIRPERSON is filled by appointment by the governor upon the
 advice  and  consent  of  the senate and the term of such new [chairman]
 CHAIRPERSON shall terminate June thirtieth, two  thousand  fifteen.  The
 [sixteen]  TWENTY  other  members  first  appointed  shall serve for the
 following terms: The members from the counties of Nassau and Westchester
 shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
 eighty-five;  the  members from the county of Suffolk and from the coun-
 ties of Dutchess, Orange, Putnam and Rockland shall  each  serve  for  a
 term  ending  June  thirtieth,  nineteen  hundred ninety-two; two of the
 members appointed on recommendation of the mayor of the city of New York
 shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
 eighty-four  and, two shall each serve for a term ending June thirtieth,
 nineteen hundred eighty-one; two of the members appointed by the  gover-
 nor  without the recommendation of any other person shall each serve for

 S. 3837--A                          3
 
 a term ending June thirtieth, nineteen  hundred  eighty-two,  two  shall
 each serve for a term ending June thirtieth, nineteen hundred eighty and
 one  shall  serve  for  a  term  ending June thirtieth, nineteen hundred
 eighty-five;  THE  MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF
 THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL SHALL SERVE  FOR  A
 TERM  ENDING  JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, AND NO MORE THAN
 TWO SIX-YEAR TERMS; THE MEMBER APPOINTED BY THE GOVERNOR ON  RECOMMENDA-
 TION  OF  THE  METRO-NORTH  RAIL COMMUTER COUNCIL SHALL SERVE FOR A TERM
 ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, AND NO  MORE  THAN  TWO
 SIX-YEAR  TERMS;  THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION
 OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL SHALL SERVE FOR  A  TERM
 ENDING  JUNE  THIRTIETH,  TWO THOUSAND TWENTY-FOUR, AND NO MORE THAN TWO
 SIX-YEAR TERMS; AND THE MEMBER  WITH  A  PUBLICLY  DISCLOSED  DISABILITY
 APPOINTED  ON  THE  WRITTEN RECOMMENDATION OF THE HEAD OF AN INDEPENDENT
 LIVING CENTER LOCATED IN NEW YORK CITY SHALL SERVE  FOR  A  TERM  ENDING
 JUNE  THIRTIETH,  TWO THOUSAND TWENTY-FOUR. [The two non-voting and four
 alternate non-voting members shall serve until January first, two  thou-
 sand one.] The members from the counties of Dutchess, Orange, Putnam and
 Rockland shall cast one collective vote.
   (2)  There shall be [two] THREE non-voting members [and four alternate
 non-voting members] of the authority, as referred to in subparagraph one
 of this paragraph.
   The first non-voting member shall be [a regular mass transit  user  of
 the  facilities  of  the authority and be recommended to the governor by
 the New York city transit authority advisory council. The  first  alter-
 nate  non-voting  member  shall  be  a  regular mass transit user of the
 facilities of the authority and be recommended to the  governor  by  the
 Metro-North  commuter  council.  The  second alternate non-voting member
 shall be a regular mass transit user of the facilities of the  authority
 and  be  recommended  to  the  governor  by  the  Long  Island Rail Road
 commuter's council.
   The second non-voting member shall be] recommended to the governor  by
 the  labor  organization  representing  the majority of employees of the
 Long Island Rail Road. The [third alternate]  SECOND  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the majority of employees of the New York city transit authority.
 The [fourth alternate] THIRD non-voting member shall be  recommended  to
 the  governor  by  the  labor  organization representing the majority of
 employees of the Metro-North Commuter Railroad Company.  The  [chairman]
 CHAIRPERSON  of  the  authority,  at  his  OR HER direction, may exclude
 [such] ANY non-voting  member  [or  alternate  non-voting  member]  from
 attending  any portion of a meeting of the authority or of any committee
 established pursuant to  paragraph  (b)  of  subdivision  four  of  this
 section  held  for  the  purpose  of  discussing negotiations with labor
 organizations.
   [The non-voting  member  and  the  two  alternate  non-voting  members
 representing  the New York York city transit authority advisory council,
 the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
 commuter's  council  shall  serve  eighteen  month rotating terms, after
 which time an alternate non-voting member shall  become  the  non-voting
 member  and  the rotation shall continue until each alternate member has
 served at least one eighteen month term  as  a  non-voting  member.  The
 other  non-voting  member  and alternate non-voting members representing
 the New York  city  transit  authority,  Metro-North  Commuter  Railroad
 Company,  and  the Long Island Rail Road labor organizations shall serve
 eighteen month rotating terms, after which time an alternate  non-voting

 S. 3837--A                          4

 member shall become the non-voting member and the rotation shall contin-
 ue  until  each  alternate member has served at least one eighteen month
 term as a non-voting member. The  transit  authority  and  the  commuter
 railroads  shall  not  be represented concurrently by the two non-voting
 members during any such eighteen month period.]
   § 2. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
 authorities  law, as amended by section 2 of part E of chapter 39 of the
 laws of 2019, is amended to read as follows:
   (a) There is hereby created the "metropolitan transportation  authori-
 ty."  The authority shall be a body corporate and politic constituting a
 public benefit corporation. The authority shall consist of a  [chairman]
 CHAIRPERSON and [sixteen] TWENTY other members appointed by the governor
 by  and  with the advice and consent of the senate. Any member appointed
 to a term commencing on or after June thirtieth, two thousand nine shall
 have experience in one or more of  the  following  areas  of  expertise:
 transportation,  public  administration,  business  management, finance,
 accounting, law, engineering, land use,  urban  and  regional  planning,
 management  of  large capital projects, labor relations, or have experi-
 ence in some other area of  activity  central  to  the  mission  of  the
 authority.  Four  of the [sixteen] TWENTY members other than the [chair-
 man] CHAIRPERSON shall be appointed on the written recommendation of the
 mayor of the city of New York; ONE OF THE TWENTY  VOTING  MEMBERS  OTHER
 THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF
 THE  NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL; ONE OF THE TWENTY
 VOTING MEMBERS OTHER THAN THE CHAIRPERSON  SHALL  BE  APPOINTED  ON  THE
 WRITTEN  RECOMMENDATION OF THE METRO-NORTH RAIL COMMUTER COUNCIL; ONE OF
 THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE  APPOINTED
 ON  THE  WRITTEN RECOMMENDATIONS OF THE LONG ISLAND RAIL ROAD COMMUTER'S
 COUNCIL; ONE OF THE TWENTY VOTING MEMBERS  OTHER  THAN  THE  CHAIRPERSON
 SHALL  BE  A  NEW  YORK  CITY  TRANSIT  AUTHORITY  USER  WITH A PUBLICLY
 DISCLOSED DISABILITY APPOINTED ON THE WRITTEN RECOMMENDATION OF THE HEAD
 OF AN INDEPENDENT LIVING CENTER LOCATED IN NEW YORK CITY;  and  each  of
 seven  other  members  other  than  the  [chairman] CHAIRPERSON shall be
 appointed after selection from a written list of  three  recommendations
 from  the  chief executive officer of the county in which the particular
 member is required to reside pursuant to the provisions of this subdivi-
 sion. Of the members appointed on recommendation of the chief  executive
 officer  of  a county, one such member shall be, at the time of appoint-
 ment, a resident of the county of Nassau; one a resident of  the  county
 of Suffolk; one a resident of the county of Westchester; and one a resi-
 dent  of the county of Dutchess, one a resident of the county of Orange,
 one a resident of the county of Putnam and one a resident of the  county
 of Rockland, provided that the term of any member who is a resident of a
 county  that has withdrawn from the metropolitan commuter transportation
 district pursuant to section twelve hundred seventy-nine-b of this title
 shall terminate upon the effective date of such county's withdrawal from
 such district. Of the five members, other  than  the  [chairman]  CHAIR-
 PERSON,  appointed by the governor without recommendation from any other
 person, three shall be, at the time of  appointment,  residents  of  the
 city of New York and two shall be, at the time of appointment, residents
 of  such  city or of any of the aforementioned counties in the metropol-
 itan commuter transportation district. Provided however, notwithstanding
 the foregoing residency requirement, one  of  the  five  voting  members
 appointed  by the governor without recommendation from any other person,
 other than the [chairman] CHAIRPERSON, may be the director  of  the  New
 York  state  division  of  the budget, and provided further that, in the

 S. 3837--A                          5
 
 event of such appointment,  the  budget  director's  membership  in  the
 authority  shall  be  deemed  ex-officio. The [chairman] CHAIRPERSON and
 each of the members shall be appointed for a term of six years, provided
 however, that the [chairman] CHAIRPERSON first appointed shall serve for
 a term ending June thirtieth, nineteen hundred eighty-one, provided that
 thirty  days  after the effective date of the chapter of the laws of two
 thousand nine which amended this paragraph, the term of  the  [chairman]
 CHAIRPERSON shall expire; provided, further, that such [chairman] CHAIR-
 PERSON  may  continue to discharge the duties of his OR HER office until
 the position of [chairman] CHAIRPERSON is filled by appointment  by  the
 governor  upon the advice and consent of the senate and the term of such
 new [chairman] CHAIRPERSON shall terminate June thirtieth, two  thousand
 fifteen.  The [sixteen] TWENTY other members first appointed shall serve
 for the following terms: The members from the  counties  of  Nassau  and
 Westchester  shall each serve for a term ending June thirtieth, nineteen
 hundred eighty-five; the members from the county of Suffolk and from the
 counties of Dutchess, Orange, Putnam and Rockland shall each serve for a
 term ending June thirtieth, nineteen  hundred  ninety-two;  two  of  the
 members appointed on recommendation of the mayor of the city of New York
 shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
 eighty-four and, two shall each serve for a term ending June  thirtieth,
 nineteen  hundred eighty-one; two of the members appointed by the gover-
 nor without the recommendation of any other person shall each serve  for
 a  term  ending  June  thirtieth, nineteen hundred eighty-two, two shall
 each serve for a term ending June thirtieth, nineteen hundred eighty and
 one shall serve for a  term  ending  June  thirtieth,  nineteen  hundred
 eighty-five;  THE  MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF
 THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL SHALL SERVE  FOR  A
 TERM  ENDING  JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, AND NO MORE THAN
 TWO SIX-YEAR TERMS; THE MEMBER APPOINTED BY THE GOVERNOR ON  RECOMMENDA-
 TION  OF  THE  METRO-NORTH  RAIL COMMUTER COUNCIL SHALL SERVE FOR A TERM
 ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, AND NO  MORE  THAN  TWO
 SIX-YEAR TERMS THE MEMBER APPOINTED BY THE GOVERNOR ON RECOMMENDATION OF
 THE  LONG  ISLAND  RAIL  ROAD  COMMUTER'S COUNCIL SHALL SERVE FOR A TERM
 ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-FOUR, AND NO  MORE  THAN  TWO
 SIX-YEAR  TERMS; AND THE MEMBER APPOINTED BY THE GOVERNOR ON THE WRITTEN
 RECOMMENDATION OF THE HEAD OF AN INDEPENDENT LIVING CENTER IN  NEW  YORK
 CITY  SHALL SERVE FOR A TERM ENDING JUNE THIRTIETH, TWO THOUSAND TWENTY-
 FOUR.  The members from the counties of  Dutchess,  Orange,  Putnam  and
 Rockland shall cast one collective vote.
   §  3.  Subdivision 2 of section 1263 of the public authorities law, as
 amended by chapter 55 of the  laws  of  1992,  is  amended  to  read  as
 follows:
   2.  The  [chairman]  CHAIRPERSON  and the first vice [chairman] CHAIR-
 PERSON shall be paid a salary in the amount determined by the authority;
 the other members shall not receive a salary or other compensation. Each
 member, including the [chairman] CHAIRPERSON and the first vice  [chair-
 man]  CHAIRPERSON,  shall  be  entitled  to reimbursement for actual and
 necessary expenses incurred in the performance of his  or  her  official
 duties.
   §  4.  Paragraph  (a)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by chapter 506  of  the  laws  of  2009,  is
 amended to read as follows:
   (a)  Notwithstanding any provision of law to the contrary, the [chair-
 man] CHAIRPERSON shall be the chief executive officer of  the  authority
 and shall be responsible for the discharge of the executive and adminis-

 S. 3837--A                          6
 
 trative  functions  and  powers  of the authority. The [chairman] CHAIR-
 PERSON may appoint an executive director and such  other  officials  and
 employees  as  shall  in  his or her judgment be needed to discharge the
 executive and administrative functions and powers of the authority.
   §  5.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by section 1 of chapter 425 of the  laws  of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  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 committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. In addition to such appointed members,
 each  of the non-voting members referred to in subparagraph two of para-
 graph (a) of subdivision one of this section shall serve on the  commit-
 tee  on capital program oversight, the committee on finance, the commit-
 tee 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 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.  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) custom-
 ers; (2) employees; and (3) the public at large, in relation to authori-
 ty 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 transpor-
 tation  capital  program  review  board  as  provided  in section twelve
 hundred sixty-nine-b of this title; (ii) monitor the contract awards  of
 the  metropolitan transportation 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 minority and women-owned businesses; (D) New York state
 labor laws; (E) competitive bidding requirements including those regard-
 ing 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 tradi-
 tionally performed in the past provided, however, that any such determi-
 nation shall not be admissible as evidence in any arbitration  or  judi-
 cial   proceeding;   (iv)   review   the  relationship  between  capital

 S. 3837--A                          7

 expenditures pursuant to each such capital program plan and current  and
 future  operating budget requirements; (v) monitor the progress of capi-
 tal 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  appro-
 priate 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 transpor-
 tation, 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 available 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.
   §  6.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by section 2 of chapter 425 of the  laws  of
 2018, is amended to read as follows:
   (b)  The  [chairman]  CHAIRPERSON shall establish committees to assist
 him OR HER in the performance of his OR HER  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 committee on operations  of  the  Metro-North  commuter
 railroad;  a committee on operations of the Triborough bridge and tunnel
 authority; a committee on finance; a committee on capital program  over-
 sight; and a committee on safety. The committee on capital program over-
 sight  shall  include  not less than 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, the committee on operations of the  Metro-North  commuter
 railroad,  and  the  committee  on safety. 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)

 S. 3837--A                          8
 
 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.
   §  7.  Paragraphs  (c) and (d) of subdivision 4 of section 1263 of the
 public authorities law, paragraph (c) as added by  chapter  247  of  the
 laws  of  1990, paragraph (d) as added by section 5 of part H of chapter
 25 of the laws of 2009, are amended to read as follows:
   (c) The [chairman] CHAIRPERSON shall ensure that at every  meeting  of
 the  board  and  at  every meeting of each committee the public shall be
 allotted a period of time, not less than thirty minutes, to speak on any
 topic on the agenda.
   (d) Notwithstanding paragraph (c) of subdivision one of section  twen-
 ty-eight  hundred  twenty-four of this chapter or any other provision of
 law to the contrary, the [chairman] CHAIRPERSON shall not participate in
 establishing authority policies regarding the payment of salary, compen-
 sation and reimbursement to,  nor  establish  rules  for  the  time  and
 attendance of, the chief executive officer. The salary of the [chairman]
 CHAIRPERSON,  as determined pursuant to subdivision two of this section,
 shall also be compensation for all services performed as chief executive
 officer.
   § 8. This act shall take effect immediately; provided that the  amend-
 ments  to  paragraph  (a) of subdivision 1 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  paragraph pursuant to section 3 of
 chapter 549 of the laws of 1994, as amended, when  upon  such  date  the
 provisions  of  section  two of this act shall take effect; and provided
 further that the amendments to paragraph (b) of subdivision 4 of section
 1263 of the public authorities law made by  section  five  of  this  act
 shall  be  subject  to  the expiration and reversion of such subdivision
 pursuant to section 3 of chapter 549 of the laws of  1994,  as  amended,
 when upon such date the provisions of section six of this act shall take
 effect.

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Senate Bill S3837

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Apr 30, 2019 - Transportation Committee Vote

Transportation Committee Vote: Apr 30, 2019

Bill Amendments

co-Sponsors

2019-S3837 - Details

2019-S3837 - Summary

2019-S3837 - Sponsor Memo

2019-S3837 - Bill Text download pdf

co-Sponsors

2019-S3837A (ACTIVE) - Details

2019-S3837A (ACTIVE) - Summary

2019-S3837A (ACTIVE) - Sponsor Memo

2019-S3837A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3837

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Bill Amendments

co-Sponsors

2019-S3837 - Details

2019-S3837 - Summary

2019-S3837 - Sponsor Memo

2019-S3837 - Bill Text download pdf

co-Sponsors

2019-S3837A (ACTIVE) - Details

2019-S3837A (ACTIVE) - Summary

2019-S3837A (ACTIVE) - Sponsor Memo

2019-S3837A (ACTIVE) - Bill Text download pdf

Comments