S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5564
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced by M. of A. BARCLAY, LALOR, McDONOUGH, BLANKENBUSH, DiPIETRO,
   HAWLEY,  LAWLER,  MONTESANO, PALMESANO, BRABENEC, J. M. GIGLIO, SALKA,
   SMULLEN, WALSH, B. MILLER, MANKTELOW, JENSEN, GALLAHAN, ASHBY,  DeSTE-
   FANO,  LEMONDES,  NORRIS  --  Multi-Sponsored by -- M. of A. ANGELINO,
   BROWN -- read once and referred  to  the  Committee  on  Corporations,
   Authorities and Commissions
 
 AN  ACT  to amend the public authorities law and the transportation law,
   in relation to enacting the New York state thruway authority  account-
   ability act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and be may cited as the  "New  York
 state thruway authority accountability act".
   §  2.  Subdivision  1 of section 352 of the public authorities law, as
 amended by chapter 766 of the laws  of  2005,  is  amended  to  read  as
 follows:
   1.  (A)  A  board to be known as "New York state thruway authority" is
 hereby created. Such board shall be a body corporate and politic consti-
 tuting a public corporation. It shall consist of seven members appointed
 by the governor by and with the advice and consent of the  senate.  [The
 members first appointed shall serve for terms ending three, six and nine
 years,  respectively  from  January first next succeeding their appoint-
 ment. Provided, however, that two board members first  appointed  on  or
 after the effective date of the chapter of the laws of two thousand five
 which amended this subdivision shall serve an initial term of two years;
 provided  further  that  two  other  board members first appointed on or
 after the effective date of the chapter of the laws of two thousand five
 which amended this subdivision shall serve  an  initial  term  of  three
 years. Their successors shall be appointed for terms of nine years each.
 A  member  to  be  designated as chairman in his or her appointment as a
 member shall be chairman of such board until his or her term  as  member

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

                                                            LBD02546-01-1

 A. 5564                             2

 expires.]  THE  COMMISSIONER  OF  TRANSPORTATION SHALL BE DESIGNATED AND
 SERVE EX-OFFICIO AS THE CHAIR OF THE BOARD UNTIL THE END OF THE TERM  OF
 THE  GOVERNOR  BY  WHOM  HE  OR  SHE  WAS APPOINTED AND UNTIL HIS OR HER
 SUCCESSOR  IS  APPOINTED  AND  HAS QUALIFIED. The chairman and the other
 members shall serve without ADDITIONAL salary or other compensation, but
 shall be entitled  to  reimbursement  for  their  actual  and  necessary
 expenses incurred in the performance of their official duties.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR THE PROVISIONS OF
 ANY APPOINTMENT BY THE GOVERNOR, THE TERMS OF  ALL  MEMBERS  SERVING  AS
 SUCH AS OF MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, OR ON THE EFFEC-
 TIVE  DATE OF THIS PARAGRAPH, WHICHEVER DATE IS LATER, SHALL IMMEDIATELY
 TERMINATE, EXCEPT THAT SUCH MEMBERS SHALL CONTINUE TO SERVE UNTIL  THEIR
 SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED.
   (C)  ANY  MEMBER APPOINTED SHALL HAVE EXPERIENCE IN ONE OR MORE OF THE
 FOLLOWING AREAS: TRANSPORTATION, BUSINESS MANAGEMENT, FINANCE,  ACCOUNT-
 ING OR MANAGEMENT OF LARGE CAPITAL PROJECTS.
   (D)  TWO  MEMBERS  OF THE BOARD APPOINTED ON OR AFTER APRIL FIRST, TWO
 THOUSAND TWENTY-ONE, SHALL BE APPOINTED TO TERMS  OF  THREE  YEARS;  TWO
 OTHER  MEMBERS  OF  THE BOARD SHALL BE APPOINTED TO TERMS OF FOUR YEARS;
 AND TWO MEMBERS OF THE BOARD SHALL BE APPOINTED TO TERMS OF FIVE  YEARS,
 PROVIDED,  HOWEVER,  THAT SUCH MEMBERS SHALL CONTINUE TO SERVE AFTER THE
 END OF THEIR TERMS UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE  QUALI-
 FIED,  AND  PROVIDED  FURTHER THAT NOTWITHSTANDING THE TERM TO WHICH ANY
 SUCH MEMBER SHALL HAVE BEEN APPOINTED SUCH A CONTINUATION OF THE TERM OF
 A MEMBER SHALL NOT REQUIRE CONFIRMATION BY THE SENATE.
   § 3. Section 11 of the transportation law, as amended by  chapter  460
 of the laws of 1971, is amended to read as follows:
   § 11. Department  of  transportation;  commissioner. There shall be in
 the state government a department of transportation.   The head  of  the
 department  shall  be  the  commissioner of transportation, who shall be
 appointed by the governor, by and with the advice  and  consent  of  the
 senate,  and  hold  office  until the end of the term of the governor by
 whom he was appointed and until his successor is appointed and has qual-
 ified.
   The commissioner of transportation  shall  have  sole  charge  of  the
 administration of the department AND THE NEW YORK STATE THRUWAY AUTHORI-
 TY  ESTABLISHED  PURSUANT  TO  TITLE  NINE  OF ARTICLE TWO OF THE PUBLIC
 AUTHORITIES LAW. THE COMMISSIONER OF TRANSPORTATION  SHALL  SERVE  AS  A
 MEMBER  AND CHAIR OF THE THRUWAY AUTHORITY BOARD ESTABLISHED PURSUANT TO
 SECTION THREE HUNDRED FIFTY-TWO OF THE PUBLIC AUTHORITIES LAW.
   § 4. The transportation law is amended by adding a new section  23  to
 read as follows:
   §  23.  NEW YORK STATE THRUWAY AUTHORITY ADMINISTRATION AND OVERSIGHT.
 1. THE COMMISSIONER SHALL  ESTABLISH A PLAN TO MERGE THE  OPERATIONS  OF
 THE  THRUWAY  AUTHORITY  WITH  THAT  OF  THE  DEPARTMENT AND CONSOLIDATE
 SERVICES WHERE APPROPRIATE, PROVIDED THAT NO EMPLOYEE OF  THE  AUTHORITY
 OR  THE  DEPARTMENT  SHALL BE TERMINATED AS A CONSEQUENCE OF THE MERGER.
 THE COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR  AND  LEGISLATURE
 WITHIN  ONE  HUNDRED  TWENTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
 THE REPORT SHALL BE SUBMITTED TO THE TEMPORARY PRESIDENT OF THE  SENATE,
 THE  SPEAKER  OF  THE  ASSEMBLY,  THE MINORITY LEADER OF THE SENATE, THE
 MINORITY LEADER OF THE ASSEMBLY, THE CHAIR AND RANKING  MINORITY  MEMBER
 OF  THE  SENATE FINANCE COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER
 OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRS AND RANKING MINORI-
 TY MEMBERS OF THE SENATE  AND  ASSEMBLY  CORPORATIONS,  AUTHORITIES  AND

 A. 5564                             3
 
 COMMISSIONS  COMMITTEES,  AND THE CHAIRS AND RANKING MINORITY MEMBERS OF
 THE SENATE AND ASSEMBLY TRANSPORTATION COMMITTEES.
   2. (A) THE COMMISSIONER SHALL, WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
 OF  THIS  SECTION,  AND  EVERY  THREE  YEARS THEREAFTER, CONTRACT WITH A
 CERTIFIED PUBLIC ACCOUNTING FIRM FOR THE PROVISION  OF  AN  INDEPENDENT,
 COMPREHENSIVE, FORENSIC AUDIT OF THE THRUWAY AUTHORITY. SUCH AUDIT SHALL
 BE  PERFORMED  IN ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT AUDITING
 STANDARDS.
   (B) THE CERTIFIED INDEPENDENT PUBLIC  ACCOUNTING  FIRM  PROVIDING  THE
 INDEPENDENT,  COMPREHENSIVE,  FORENSIC  AUDIT  OF  THE THRUWAY AUTHORITY
 SHALL BE PROHIBITED FROM PROVIDING AUDIT SERVICES IF THE LEAD OR COORDI-
 NATING AUDIT PARTNER, HAVING PRIMARY RESPONSIBILITY FOR  THE  AUDIT,  OR
 THE  AUDIT  PARTNER  RESPONSIBLE  FOR REVIEWING THE AUDIT, HAS PERFORMED
 AUDIT SERVICES FOR THE AUTHORITY WITHIN ANY OF THE TEN  PREVIOUS  FISCAL
 YEARS OF THE AUTHORITY.
   (C)  THE  CERTIFIED  INDEPENDENT  ACCOUNTING FIRM PERFORMING THE AUDIT
 PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM PERFORMING ANY NON-AU-
 DIT SERVICES FOR THE AUTHORITY CONTEMPORANEOUSLY WITH THE AUDIT.
   (D) IT SHALL  BE  PROHIBITED  FOR  THE  CERTIFIED  INDEPENDENT  PUBLIC
 ACCOUNTING  FIRM  TO  PERFORM  ANY  AUDIT SERVICE IF THE CHIEF EXECUTIVE
 OFFICER, COMPTROLLER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING  OFFICER
 OR  ANY  OTHER PERSON SERVING IN AN EQUIVALENT POSITION IN THE AUTHORITY
 WAS AN EMPLOYEE, CONSULTANT OR INDEPENDENT CONTRACTOR OF THAT  CERTIFIED
 INDEPENDENT  PUBLIC  ACCOUNTING FIRM AND PARTICIPATED IN ANY CAPACITY IN
 THE AUDIT OF THE AUTHORITY AT ANY TIME IN THE PAST.
   (E) THE CERTIFIED INDEPENDENT PUBLIC  ACCOUNTING  FIRM  CONTRACTED  TO
 PERFORM  THE  INDEPENDENT,  COMPREHENSIVE, FORENSIC AUDIT OF THE THRUWAY
 AUTHORITY SHALL, WITHIN ONE YEAR OF  THE  INITIATION  OF  THE  CONTRACT,
 REPORT  ITS  FINDINGS,  CONCLUSIONS AND RECOMMENDATIONS TO THE GOVERNOR,
 THE STATE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAK-
 ER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE  SENATE,  THE  MINORITY
 LEADER  OF  THE  ASSEMBLY,  THE CHAIR AND RANKING MINORITY MEMBER OF THE
 SENATE FINANCE COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER  OF  THE
 ASSEMBLY  WAYS  AND  MEANS  COMMITTEE,  THE  CHAIRS AND RANKING MINORITY
 MEMBERS OF THE SENATE AND THE  ASSEMBLY  CORPORATIONS,  AUTHORITIES  AND
 COMMISSIONS  COMMITTEES,  AND THE CHAIRS AND RANKING MINORITY MEMBERS OF
 THE SENATE AND THE ASSEMBLY TRANSPORTATION COMMITTEES.
   § 5. Section 360 of the public authorities law, as amended by  section
 8  of  part  TT of chapter 54 of the laws of 2016, is amended to read as
 follows:
   § 360. Operation and maintenance. Operation  and  maintenance  by  the
 authority of any thruway section or connection or any part thereof or of
 a  highway  connection  of  which  it  has assumed jurisdiction shall be
 performed (a) by the use  of  authority  forces  and  equipment  at  the
 expense  of the authority or by agreement at the expense of the state or
 other parties;  (b)  by  contract  with  municipalities  or  independent
 contractors;  (c) at the request of the [authority] COMMISSIONER, by the
 [commissioner and his subordinates in the department  of  transportation
 as agents for,] AUTHORITY and at the expense of the authority, or (d) by
 a combination of such methods.
   §  6. Section 363 of the public authorities law, as amended by chapter
 766 of the laws of 1992, is amended to read as follows:
   § 363. Annual report. The authority shall submit to the  governor,  to
 the  [legislature,  to] SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT
 OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF
 THE ASSEMBLY, THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND  MEANS

 A. 5564                             4
 
 COMMITTEE,  the  comptroller  and  to  the  director of the budget on or
 before the first day of February of each year a detailed report  setting
 forth  its  [operations  and]  fiscal  transactions during the preceding
 calendar  year with a statement of its financial condition as of the end
 of such year and a statement of all  receipts  and  expenditures  during
 such  year.  Such  report shall include detailed information relating to
 additional expenditures incurred by the authority as  a  result  of  the
 amendments  made to subdivision four of section three hundred fifty-nine
 of this [chapter] TITLE pursuant to the chapter of the laws of  nineteen
 hundred ninety-two which enacted this sentence.
   §  7.  Section 14 of the transportation law is amended by adding a new
 subdivision 13-a to read as follows:
   13-A. AS PART OF THE DEPARTMENT'S ANNUAL BUDGET  REQUEST,  TO  INCLUDE
 ANY  REQUESTS FOR THRUWAY AUTHORITY TOLL INCREASES AND JUSTIFICATION FOR
 SUCH INCREASES.
   § 8. This act shall take effect immediately.