S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3959--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY, RAMOS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  public  authorities law, in relation to various
   transportation authorities

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 1299-a of the public authorities law is amended by
 adding two new subdivisions 18 and 19 to read as follows:
   18. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   19. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO  IS  LIMITED
 TO  PUBLIC  TRANSIT  AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 2. Subdivision 1 of section 1299-c of the public authorities law, as
 amended by chapter 220 of the laws of 2012, paragraph (b) as amended  by
 chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter
 176 of the laws of 2012, is amended to read as follows:
   1.  (a)  There  is hereby created the "Niagara Frontier transportation
 authority." The authority shall be a body corporate and politic  consti-
 tuting  a  public  benefit corporation. The authority shall consist of a
 chairman, [ten] NOT MORE THAN TWELVE other members and  shall  have  two
 non-voting members as described in paragraphs (b) and (c) of this subdi-
 vision  appointed  by the governor by and with the advice and consent of
 the senate. The chairman and all  members  shall  be  residents  of  the
 district. Of the [ten] VOTING members other than the chairman, one shall
 be  appointed  upon the written recommendation of the Erie county execu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07644-02-1

 S. 3959--A                          2
 
 tive [and], one shall be appointed upon the  written  recommendation  of
 the Erie county legislature, AT LEAST ONE SHALL BE APPOINTED AS A REPRE-
 SENTATIVE  OF  THE TRANSIT DEPENDENT COMMUNITY AND AT LEAST ONE SHALL BE
 APPOINTED  AS  A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNITY,
 AS DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION.    The  chairman  and
 each  of  the  members  shall  be  appointed  for a term of eight years,
 provided however, that the chairman first appointed shall  serve  for  a
 term  ending  June thirtieth, nineteen hundred seventy-three, and of the
 eight other members first appointed, one shall serve for a  term  ending
 June thirtieth, nineteen hundred sixty-eight, two shall serve for a term
 ending  June thirtieth, nineteen hundred sixty-nine, one shall serve for
 a term ending June thirtieth, nineteen hundred seventy, two shall  serve
 for  a  term  ending  June  thirtieth, nineteen hundred seventy-one, one
 shall serve for a term ending June thirtieth, nineteen hundred  seventy-
 two  and  one  shall  serve  for  a term ending June thirtieth, nineteen
 hundred seventy-three. The term of  one  of  the  members  appointed  to
 memberships  first  created  by  law after April first, nineteen hundred
 sixty-nine shall end on June thirtieth, nineteen  hundred  seventy-four,
 and the term of the other such member shall end on June thirtieth, nine-
 teen  hundred  seventy-five. Following the expiration of any term ending
 on or after June thirtieth, nineteen hundred eighty-seven,  each  member
 shall  be  appointed for a term of five years beginning on the day after
 the expiration date of such prior term; provided, however, that the term
 of the member first appointed upon the  written  recommendation  of  the
 Erie  county  executive  and the term of the member first appointed upon
 the written recommendation of the Erie county legislature shall be for a
 term ending on June thirtieth, nineteen hundred ninety-six.
   (b) The first non-voting member of the  authority  who  shall  not  be
 considered in determining a quorum, shall be recommended to the governor
 by  the  labor  organization representing the plurality of the employees
 within the authority and shall be a resident  of  the  Niagara  Frontier
 transportation  district  as described in section twelve hundred ninety-
 nine-b of this title. Such first non-voting member  shall  be  appointed
 for  a term of five years, provided, however, that if at any time during
 the term of appointment such non-voting member ceases to  be  affiliated
 with  the  labor  organization  representing  the plurality of employees
 within the authority, then such  labor  organization  may  at  any  time
 during  such term recommend a new member to the governor who shall serve
 the remainder of the term. If the local bargaining unit decertifies  its
 existing  union  affiliation  and certifies a new union, the union which
 represents the plurality of the employees may recommend a new member  to
 the governor who shall serve the remainder of the term.  The chairman of
 the  authority,  at  his  or her discretion, may exclude such non-voting
 member from attending any portion of a meeting of the  authority  or  of
 any committee held for the purpose of discussing negotiations with labor
 organizations,  pending  litigation involving the labor organization, or
 the investigation, evaluation, or discipline of an employee.
   (c) There shall also be a second non-voting member of  the  authority,
 who shall not be considered in determining a quorum. The second non-vot-
 ing member shall be appointed by the governor as a representative of the
 transit  dependent community and/or people with disabilities. The second
 non-voting member shall be appointed for a term of five years.
   (D) THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT

 S. 3959--A                          3
 
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS, SUBJECT TO THE SAME APPOINTMENT PROCESS WITHIN THIS PARAGRAPH.
   § 3. Section 1299-bb of the  public  authorities  law  is  amended  by
 adding two new subdivisions 25 and 26 to read as follows:
   25.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   26.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  4.  Subdivision 1 of section 1299-dd of the public authorities law,
 as amended by chapter 495 of the laws of 2019, is  amended  to  read  as
 follows:
   1.  (a)  There is hereby created the Rochester-Genesee regional trans-
 portation authority. The authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of at  least
 one  member  from  each  county that elects to join the authority except
 that the county of Monroe shall have seven members of whom  three  shall
 be appointed from the city of Rochester and four at large from the coun-
 ty  of  Monroe  and  shall have [two] ONE non-voting [members] MEMBER as
 described in [paragraphs] PARAGRAPH (b) [and (c)] of  this  subdivision.
 AT LEAST ONE VOTING MEMBER SHALL BE APPOINTED AS A REPRESENTATIVE OF THE
 TRANSIT  DEPENDENT  COMMUNITY  AND  AT  LEAST ONE VOTING MEMBER SHALL BE
 APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT  DEPENDENT  COMMUNITY,
 AS  DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION. The members shall be
 appointed by the governor by and with the  advice  and  consent  of  the
 senate. The governor shall make initial appointments to the authority in
 such  number and from lists submitted as follows: three members shall be
 appointed to the authority from a list of not less than six  names,  all
 of  whom  must  be  residents of the city of Rochester, submitted to the
 governor by the council of the city of Rochester; four  persons  from  a
 list  of  not  less than eight persons, all of whom must be residents of
 the county of Monroe submitted by  the  legislature  of  the  county  of
 Monroe.  Other counties electing to participate shall each submit to the
 governor a list of not less than two persons for each one hundred  thou-
 sand  or  major  fraction  of the total population, as determined by the
 last federal decennial or federal county-wide special census.  From  the
 counties  outside the county of Monroe which shall elect to participate,
 the governor shall appoint one member for each one hundred  thousand  or
 major fraction of the total population, as determined by the last feder-
 al  decennial  or  federal county-wide special census, with a minimum of
 one member to represent each county outside  the  county  of  Monroe  so
 electing to participate. All members of the authority shall be residents
 of the area from which they are nominated.
   (b)  [The  first]  THERE  SHALL  ALSO  BE ONE non-voting member of the
 authority who shall not be considered in determining  a  quorum[,].  THE
 NON-VOTING  MEMBER  shall  be  recommended  to the governor by the labor
 organization representing the plurality  of  the  employees  within  the
 authority  and  shall  be  a  resident of the Rochester-Genesee regional

 S. 3959--A                          4
 
 transportation district as described in section twelve  hundred  ninety-
 nine-cc of this title. Such [first] non-voting member shall be appointed
 for  a term of five years, provided, however, that if at any time during
 the  term  of appointment such non-voting member ceases to be affiliated
 with the labor organization  representing  the  plurality  of  employees
 within  the  authority,  then  such  labor  organization may at any time
 during such term recommend a new member to the governor who shall  serve
 the  remainder of the term. If the local bargaining unit decertifies its
 existing union affiliation and certifies a new union,  the  union  which
 represents  the plurality of the employees may recommend a new member to
 the governor who shall serve the remainder of the term.  The chairman of
 the authority, at his or her discretion,  may  exclude  such  non-voting
 member  from  attending  any portion of a meeting of the authority or of
 any committee held for the purpose of discussing negotiations with labor
 organizations, pending litigation involving the labor  organization,  or
 the investigation, evaluation, or discipline of an employee.
   (c)  There  shall  [also] be [a second non-voting member] AT LEAST TWO
 MEMBERS of the authority[, who shall not be considered in determining  a
 quorum. The second non-voting member shall be] appointed by the governor
 as  [a  representative] REPRESENTATIVES of the transit dependent and[/or
 disabled]  PARA-TRANSIT  DEPENDENT  community.  The  [second  non-voting
 member]  GOVERNOR  shall [be appointed] MAKE INITIAL APPOINTMENTS TO THE
 AUTHORITY IN SUCH NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS:  AT  LEAST
 TWO  MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT LESS
 THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE TRANS-
 IT ADVOCACY ORGANIZATIONS. THE MEMBERS SHALL BE RESIDENTS  OF  A  COUNTY
 DESCRIBED  IN  PARAGRAPH  (A)  OF THIS SUBDIVISION. THE MEMBERS SHALL BE
 APPOINTED for a term of five years. [The chair of the authority, at  his
 or her discretion, may exclude such non-voting member from attending any
 portion  of a meeting of the authority or of any committee held pursuant
 to the executive session provisions of  the  open  meetings  law]  IF  A
 VACANCY  SHALL  OCCUR FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE
 APPOINTED WITHIN SIX MONTHS, SUBJECT TO  THE  SAME  APPOINTMENT  PROCESS
 WITHIN THIS PARAGRAPH.
   §  5.  Section 1301 of the public authorities law is amended by adding
 two new subdivisions 26 and 27 to read as follows:
   26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE  65);  (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW THE POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   27. "PARA-TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO  IS  LIMITED
 TO  PUBLIC  TRANSIT  AS THEIR PRIMARY MODE OF TRANSPORTATION AND WHO HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 6. Subdivision 1 of section 1303 of the public authorities  law,  as
 amended  by  chapter  388  of  the  laws  of 2007, is amended to read as
 follows:
   1. (a) There is hereby created  the  Capital  District  transportation
 authority.  The  authority shall be a body corporate and politic consti-
 tuting a public benefit corporation. It shall consist of not  less  than
 eight nor more than fifteen members, including a chairman and shall have
 one non-voting member as described in paragraph (b) of this subdivision.
 AT LEAST ONE VOTING MEMBER SHALL BE APPOINTED AS A REPRESENTATIVE OF THE
 TRANSIT  DEPENDENT  COMMUNITY  AND  AT  LEAST ONE VOTING MEMBER SHALL BE
 APPOINTED AS A REPRESENTATIVE OF THE PARA-TRANSIT  DEPENDENT  COMMUNITY,
 AS DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION.  The members shall be

 S. 3959--A                          5

 appointed  by  the  governor  by  and with the advice and consent of the
 senate. The governor shall make initial appointments to the authority in
 such number and from lists submitted as follows: three members shall  be
 appointed  to  the authority from a list of six names, all of whom shall
 be residents of the county of Albany,  four  of  which  names  shall  be
 submitted  to  the  governor by the majority party of the legislature of
 the county of Albany and two of which names shall be  submitted  by  the
 minority  party  of  such legislature; two members shall be appointed to
 the authority from a list of four names, all of whom shall be  residents
 of the county of Schenectady, three of which names shall be submitted to
 the  governor  by the majority party of the legislature of the county of
 Schenectady and one of which names shall be submitted  by  the  minority
 party of such legislature; two members shall be appointed to the author-
 ity  from  a  list  of four names, all of whom shall be residents of the
 county of Rensselaer, three of which names shall  be  submitted  to  the
 governor by the majority party of the legislature of the county of Rens-
 selaer  and  one of which names shall be submitted by the minority party
 of such legislature; two members shall be  appointed  to  the  authority
 from  a list of four names, all of whom shall be residents of the county
 of Saratoga, three of which names shall be submitted to the governor  by
 the  majority party of the legislature of the county of Saratoga and one
 of which names shall be submitted by the minority party of such legisla-
 ture. Other counties electing to participate shall each  submit  to  the
 governor  a list of two persons each of whom shall be a resident of such
 county, one of which names shall be submitted to  the  governor  by  the
 majority  party of the legislature of such county and one of which names
 shall be submitted by the minority party of such legislature, from which
 number the governor shall appoint one member for  each  such  county  so
 electing to participate.
   (b)  There shall also be one non-voting member of the authority, which
 shall not be considered in determining a quorum. The  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the plurality of the employees within the authority and shall  be
 a  resident of the Capital District transportation district as described
 in section thirteen hundred two of this  title.  The  non-voting  member
 shall  be appointed for a term of five years, provided, however, that if
 at any time during the term of appointment the non-voting member  ceases
 to  be affiliated with the labor organization representing the plurality
 of employees within the authority, then such labor organization  may  at
 any  time  during  such  term recommend a new member to the governor who
 shall serve the remainder of the term.  If  the  local  bargaining  unit
 decertifies  its  existing  union affiliation and certifies a new union,
 the union which represents the plurality of the employees may  recommend
 a  new member to the governor who shall serve the remainder of the term.
 The chairman of the authority, at his or  her  discretion,  may  exclude
 such  non-voting  member  from attending any portion of a meeting of the
 authority or of any committee held for the purpose of discussing negoti-
 ations with labor organizations, pending litigation involving the  labor
 organization,  or  the  investigation,  evaluation,  or discipline of an
 employee.
   (C) THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED  BY
 THE  GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE AUTHORITY IN SUCH NUMBER AND FROM LISTS  SUBMITTED  AS  FOLLOWS:  AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS  THAN  FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL AND STATEWIDE

 S. 3959--A                          6
 
 TRANSIT ADVOCACY ORGANIZATIONS. THE MEMBERS  SHALL  BE  RESIDENTS  OF  A
 COUNTY  DESCRIBED  IN  PARAGRAPH  (A) OF THIS SUBDIVISION.   THE MEMBERS
 SHALL BE APPOINTED FOR A TERM OF FIVE YEARS. IF A  VACANCY  SHALL  OCCUR
 FOR  THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX
 MONTHS, SUBJECT TO THE SAME APPOINTMENT PROCESS WITHIN THIS PARAGRAPH.
   § 7. Section 1326 of the public authorities law is amended  by  adding
 two new subdivisions 26 and 27 to read as follows:
   26.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL, (A) HAS NO MEANS OF PRIVATE TRANSPORTATION; (B) IS ELDERLY (OVER
 AGE 65); (C) IS A YOUTH (UNDER AGE 18); OR (D) LIVES BELOW  THE  POVERTY
 OR MEDIAN INCOME LEVELS AS DEFINED BY THE U.S. CENSUS BUREAU.
   27.  "PARA-TRANSIT  DEPENDENT" SHALL MEAN AN INDIVIDUAL WHO IS LIMITED
 TO PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION  AND  WHO  HAS
 EITHER A PERMANENT OR TEMPORARY DISABILITY.
   §  8.  Subdivision 1 of section 1328 of the public authorities law, as
 separately amended by chapters 388 and 396  of  the  laws  of  2007,  is
 amended to read as follows:
   1. (a) There is hereby created the central New York regional transpor-
 tation  authority.  The  authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of not  more
 than  twelve members, including a chairman and shall have one non-voting
 member as described in paragraph (b) of this subdivision. AT  LEAST  ONE
 VOTING  MEMBER  SHALL  BE  APPOINTED  AS A REPRESENTATIVE OF THE TRANSIT
 DEPENDENT COMMUNITY AND AT LEAST ONE VOTING MEMBER SHALL BE APPOINTED AS
 A REPRESENTATIVE OF THE PARA-TRANSIT DEPENDENT COMMUNITY,  AS  DESCRIBED
 IN PARAGRAPH (C) OF THIS SUBDIVISION.  The members shall be appointed by
 the  governor  by  and  with  the  advice and consent of the senate. The
 governor shall make initial appointments to the authority in such number
 and from lists submitted as follows: three members shall be appointed to
 the authority from a list of not less than six names, submitted  to  the
 governor  by  the  common  council of the city of Syracuse, five persons
 from a list of not less than ten names, submitted by the legislature  of
 the county of Onondaga and two members shall be appointed from a list of
 not  less  than four names submitted by the legislature of the county of
 Oneida. Other counties electing to participate shall each submit to  the
 governor  a list of not less than two persons for each one hundred thou-
 sand or major fraction of the total population,  as  determined  by  the
 nineteen  hundred seventy or any subsequent federal decennial or federal
 county-wide special census, of the counties outside the county of  Onon-
 daga  which  shall  elect to participate, from which number the governor
 shall appoint one member for each one hundred thousand or major fraction
 of the total population, as determined  by  such  federal  decennial  or
 federal  county-wide  special census, with a maximum of three members to
 represent such counties outside the county of Onondaga  so  electing  to
 participate.
   (b)  There shall also be one non-voting member of the authority, which
 shall not be considered in determining a quorum. The  non-voting  member
 shall  be  recommended to the governor by the labor organization repres-
 enting the plurality of the employees within the authority. The non-vot-
 ing member shall be appointed for  a  term  of  seven  years,  provided,
 however, that if at any time during the term of appointment the non-vot-
 ing  member  ceases to be affiliated with the labor organization repres-
 enting the plurality of employees within the authority, then such  labor
 organization  may at any time during such term recommend a new member to
 the governor who shall serve the remainder of the  term.  If  the  local

 S. 3959--A                          7
 
 bargaining unit decertifies its existing union affiliation and certifies
 a  new  union, the union which represents the plurality of the employees
 may recommend a new member to the governor who shall serve the remainder
 of  the  term.  The chairman of the authority, at his or her discretion,
 may exclude such non-voting member from attending any portion of a meet-
 ing of the authority or  of  any  committee  held  for  the  purpose  of
 discussing  negotiations  with  labor  organizations, pending litigation
 involving the labor organization, or the investigation,  evaluation,  or
 discipline of an employee.
   (C)  THERE SHALL BE AT LEAST TWO MEMBERS OF THE AUTHORITY APPOINTED BY
 THE GOVERNOR AS REPRESENTATIVES OF THE TRANSIT DEPENDENT AND  PARA-TRAN-
 SIT DEPENDENT COMMUNITY. THE GOVERNOR SHALL MAKE INITIAL APPOINTMENTS TO
 THE  AUTHORITY  IN  SUCH  NUMBER AND FROM LISTS SUBMITTED AS FOLLOWS: AT
 LEAST TWO MEMBERS SHALL BE APPOINTED TO THE AUTHORITY FROM A LIST OF NOT
 LESS THAN FOUR NAMES, SUBMITTED TO THE GOVERNOR BY LOCAL  AND  STATEWIDE
 TRANSIT  ADVOCACY  ORGANIZATIONS.  THE  MEMBERS  SHALL BE RESIDENTS OF A
 COUNTY DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVISION.    THE  MEMBERS
 SHALL  BE  APPOINTED  FOR A TERM OF FIVE YEARS. IF A VACANCY SHALL OCCUR
 FOR THESE MEMBER POSITIONS, A REPLACEMENT SHALL BE APPOINTED WITHIN  SIX
 MONTHS, SUBJECT TO THE SAME APPOINTMENT PROCESS WITHIN THIS PARAGRAPH.
   §  9.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3959--B
     Cal. No. 907
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced by Sens. KENNEDY, BROUK, COONEY, MANNION, RAMOS -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on  Transportation  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the  Committee on Transportation in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee, ordered to first and
   second report, ordered to a third reading, passed by Senate and deliv-
   ered to the Assembly, recalled, vote reconsidered, restored  to  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the public  authorities  law,  in  relation  to  various
   transportation authorities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1299-a of the public authorities law is amended  by
 adding a new subdivision 18 to read as follows:
   18.  "TRANSIT  DEPENDENT"  SHALL  MEAN AN INDIVIDUAL WHO IS LIMITED TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL HAS EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 2. Subdivision 1 of section 1299-c of the public authorities law, as
 amended by chapter 220 of the laws of 2012, paragraph (b) as amended  by
 chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter
 176 of the laws of 2012, is amended to read as follows:
   1.  (a)  There  is hereby created the "Niagara Frontier transportation
 authority." The authority shall be a body corporate and politic  consti-
 tuting  a  public  benefit corporation. The authority shall consist of a
 chairman, ten [other] VOTING members and shall have [two] ONE non-voting
 [members] MEMBER as described in [paragraphs] PARAGRAPH (b) [and (c)] of
 this subdivision appointed by the governor by and with  the  advice  and
 consent  of  the senate. The chairman and all members shall be residents
 of the district. Of the ten VOTING members other than the chairman,  one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07644-08-2
 S. 3959--B                          2
 
 shall  be  appointed  upon the written recommendation of the Erie county
 executive [and], one shall be appointed upon the written  recommendation
 of  the  Erie  county  legislature,  AND AT LEAST ONE SHALL BE A TRANSIT
 DEPENDENT  INDIVIDUAL.  The  chairman  and  each of the members shall be
 appointed for a term of eight years, provided however, that the chairman
 first appointed shall serve for a term ending June  thirtieth,  nineteen
 hundred  seventy-three,  and of the eight other members first appointed,
 one shall serve for a  term  ending  June  thirtieth,  nineteen  hundred
 sixty-eight,  two shall serve for a term ending June thirtieth, nineteen
 hundred sixty-nine, one shall serve for a term  ending  June  thirtieth,
 nineteen hundred seventy, two shall serve for a term ending June thirti-
 eth,  nineteen  hundred  seventy-one,  one shall serve for a term ending
 June thirtieth, nineteen hundred seventy-two and one shall serve  for  a
 term  ending June thirtieth, nineteen hundred seventy-three. The term of
 one of the members appointed to memberships first created by  law  after
 April  first,  nineteen  hundred sixty-nine shall end on June thirtieth,
 nineteen hundred seventy-four, and the term of  the  other  such  member
 shall  end  on  June thirtieth, nineteen hundred seventy-five. Following
 the expiration of any term ending on or after June  thirtieth,  nineteen
 hundred  eighty-seven, each member shall be appointed for a term of five
 years beginning on the day after the expiration date of such prior term;
 provided, however, that the term of the member first appointed upon  the
 written  recommendation of the Erie county executive and the term of the
 member first appointed upon the written recommendation of the Erie coun-
 ty legislature shall be for a term ending on  June  thirtieth,  nineteen
 hundred ninety-six.
   (b)  The  [first] non-voting member of the authority, who shall not be
 considered in determining a quorum, shall be recommended to the governor
 by the labor organization representing the plurality  of  the  employees
 within  the  authority  and  shall be a resident of the Niagara Frontier
 transportation district as described in section twelve  hundred  ninety-
 nine-b  of this title. Such [first] non-voting member shall be appointed
 for a term of five years, provided, however, that if at any time  during
 the  term  of appointment such non-voting member ceases to be affiliated
 with the labor organization  representing  the  plurality  of  employees
 within  the  authority,  then  such  labor  organization may at any time
 during such term recommend a new member to the governor who shall  serve
 the  remainder of the term. If the local bargaining unit decertifies its
 existing union affiliation and certifies a new union,  the  union  which
 represents  the plurality of the employees may recommend a new member to
 the governor who shall serve the remainder of the term.  The chairman of
 the authority, at his or her discretion,  may  exclude  such  non-voting
 member  from  attending  any portion of a meeting of the authority or of
 any committee held for the purpose of discussing negotiations with labor
 organizations, pending litigation involving the labor  organization,  or
 the investigation, evaluation, or discipline of an employee.
   (c)  [There shall also be a second non-voting member of the authority,
 who shall not be considered in determining a quorum. The second non-vot-
 ing member shall be appointed by the governor as a representative of the
 transit dependent community and/or people with disabilities. The  second
 non-voting  member  shall  be  appointed  for a term of five years.] THE
 TRANSIT DEPENDENT INDIVIDUAL APPOINTED PURSUANT TO  SUBDIVISION  (A)  OF
 THIS SECTION SHALL BE APPOINTED BY THE GOVERNOR AT THE RECOMMENDATION OF
 A LOCAL OR STATEWIDE TRANSIT ADVOCACY ORGANIZATION. SUCH MEMBER SHALL BE
 A  RESIDENT  OF A COUNTY DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
 IF A VACANCY SHALL OCCUR, A REPLACEMENT SHALL BE  APPOINTED  WITHIN  SIX
 S. 3959--B                          3
 
 MONTHS,  SUBJECT TO THE SAME APPOINTMENT PROCESS SET FORTH IN THIS PARA-
 GRAPH.
   §  3.  Section  1299-bb  of  the  public authorities law is amended by
 adding a new subdivision 25 to read as follows:
   25. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL HAS EITHER A PERMANENT OR TEMPORARY DISABILITY.
   § 4. Subdivisions 1 and 4 of section 1299-dd of the public authorities
 law,  subdivision  1  as  amended by chapter 495 of the laws of 2019 and
 subdivision 4 as amended by chapter  1115  of  the  laws  of  1971,  are
 amended to read as follows:
   1.  (a)  There is hereby created the Rochester-Genesee regional trans-
 portation authority. The authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of at  least
 one  member  from  each  county that elects to join the authority except
 that the county of Monroe shall have seven members of whom  three  shall
 be appointed from the city of Rochester and four at large from the coun-
 ty  of Monroe, AND A VOTING MEMBER WHO IS A TRANSIT DEPENDENT INDIVIDUAL
 APPOINTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION and  shall  have
 [two] ONE non-voting [members] MEMBER as described in [paragraphs] PARA-
 GRAPH (b) [and (c)] of this subdivision.  The members shall be appointed
 by  the  governor  by and with the advice and consent of the senate. The
 governor shall make initial appointments to the authority in such number
 and from lists submitted as follows: three members shall be appointed to
 the authority from a list of not less than six names, all of  whom  must
 be  residents of the city of Rochester, submitted to the governor by the
 council of the city of Rochester; four persons from a list of  not  less
 than  eight  persons,  all  of  whom  must be residents of the county of
 Monroe submitted by the legislature of the county of Monroe. Other coun-
 ties electing to participate shall each submit to the governor a list of
 not less than two persons for each one hundred thousand or  major  frac-
 tion of the total population, as determined by the last federal decenni-
 al  or federal county-wide special census. From the counties outside the
 county of Monroe which shall elect to participate,  the  governor  shall
 appoint  one  member  for each one hundred thousand or major fraction of
 the total population, as determined by the  last  federal  decennial  or
 federal  county-wide  special  census,  with  a minimum of one member to
 represent each county outside  the  county  of  Monroe  so  electing  to
 participate. All members of the authority shall be residents of the area
 from which they are nominated.
   (b)  The  [first] non-voting member of the authority, who shall not be
 considered in determining a quorum, shall be recommended to the governor
 by the labor organization representing the plurality  of  the  employees
 within  the  authority  and shall be a resident of the Rochester-Genesee
 regional transportation district as described in section twelve  hundred
 ninety-nine-cc  of  this  title. Such [first] non-voting member shall be
 appointed for a term of five years, provided, however, that  if  at  any
 time  during the term of appointment such non-voting member ceases to be
 affiliated with the labor organization  representing  the  plurality  of
 employees  within the authority, then such labor organization may at any
 time during such term recommend a new member to the governor  who  shall
 serve  the  remainder of the term. If the local bargaining unit decerti-
 fies its existing union affiliation and certifies a new union, the union
 which represents the plurality of the  employees  may  recommend  a  new
 member  to  the governor who shall serve the remainder of the term.  The
 chairman of the authority, at his or her discretion,  may  exclude  such
 S. 3959--B                          4
 
 non-voting member from attending any portion of a meeting of the author-
 ity  or of any committee held for the purpose of discussing negotiations
 with labor organizations, pending litigation involving the labor  organ-
 ization, or the investigation, evaluation, or discipline of an employee.
   [(c)  There shall also be a second non-voting member of the authority,
 who shall not be considered in determining a quorum. The second non-vot-
 ing member shall be appointed by the governor as a representative of the
 transit dependent  and/or  disabled  community.  The  second  non-voting
 member  shall  be  appointed  for a term of five years. The chair of the
 authority, at his or her discretion, may exclude such non-voting  member
 from  attending  any  portion  of  a  meeting of the authority or of any
 committee held pursuant to the executive session provisions of the  open
 meetings law.]
   (C)  THE  VOTING  MEMBER  WHO  IS  A  TRANSIT  DEPENDENT INDIVIDUAL AS
 DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE APPOINTED BY THE
 GOVERNOR AT THE RECOMMENDATION OF A LOCAL OR STATEWIDE TRANSIT  ADVOCACY
 ORGANIZATION  FOR  A  TERM  OF  FIVE YEARS. IF A VACANCY OCCURS FOR SUCH
 POSITION, A REPLACEMENT SHALL BE APPOINTED WITHIN SIX MONTHS PURSUANT TO
 THIS PROCESS.
   4. A majority  of  the  whole  number  of  votes  of  members  of  the
 authority,  INCLUDING THE VOTING MEMBER WHO IS A TRANSIT DEPENDENT INDI-
 VIDUAL AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, shall constitute
 a quorum for the transaction of business or the exercise of any power of
 the authority. Except as otherwise specified in this act, for the trans-
 action of any business or the exercise of any power  of  the  authority,
 the  authority shall have power to act by a majority vote of the members
 present at any meeting at which a quorum is in attendance.  Each  member
 of  the  authority  shall have one vote for each thirty-five thousand or
 major fraction thereof of the population of  the  county  or  city  from
 which  he is appointed based upon the results of the last federal decen-
 nial or federal county-wide special census divided by the  total  number
 of  members  appointed  from such county or city, EXCEPT THAT THE VOTING
 MEMBER WHO IS A TRANSIT DEPENDENT INDIVIDUAL AS DESCRIBED IN SUBDIVISION
 ONE OF THIS SECTION SHALL HAVE ONE VOTE IN TOTAL. The minimum number  of
 votes  each  member  shall  have,  regardless of population, is one. The
 votes of all members shall be calculated with fractions being rounded to
 the nearest whole number. The population of a county for the purposes of
 this provision is the total population of such  county  less  the  popu-
 lation  of  any  city which is entitled to have members appointed on the
 authority.
   § 5. Section 1301 of the public authorities law is amended by adding a
 new subdivision 26 to read as follows:
   26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL HAS A TEMPORARY OR PERMANENT DISABILITY.
   §  6.  Subdivision 1 of section 1303 of the public authorities law, as
 amended by chapter 388 of the laws  of  2007,  is  amended  to  read  as
 follows:
   1.  (a)  There  is  hereby created the Capital District transportation
 authority. The authority shall be a body corporate and  politic  consti-
 tuting  a  public benefit corporation. It shall consist of not less than
 eight nor more than fifteen members, including a chairman and shall have
 one non-voting member as described in paragraph (b) of this subdivision.
 AT LEAST ONE VOTING MEMBER SHALL BE A TRANSIT DEPENDENT  INDIVIDUAL  WHO
 SHALL  BE  APPOINTED BY THE GOVERNOR AT THE RECOMMENDATION OF A LOCAL OR
 STATEWIDE TRANSIT ADVOCACY ORGANIZATION,  PROVIDED  THAT  IF  A  VACANCY
 S. 3959--B                          5
 
 OCCURS  FOR  SUCH TRANSIT DEPENDENT MEMBER POSITION, A REPLACEMENT SHALL
 BE APPOINTED WITHIN SIX MONTHS, SUBJECT TO    THE    SAME    APPOINTMENT
 PROCESS  WITHIN  THIS  PARAGRAPH.  The members shall be appointed by the
 governor  by and with the advice and consent of the senate. The governor
 shall make initial appointments to the authority in such number and from
 lists submitted as follows: three members  shall  be  appointed  to  the
 authority  from  a  list of six names, all of whom shall be residents of
 the county of Albany, four of which names  shall  be  submitted  to  the
 governor by the majority party of the legislature of the county of Alba-
 ny  and  two  of which names shall be submitted by the minority party of
 such legislature; two members shall be appointed to the authority from a
 list of four names, all of whom shall be  residents  of  the  county  of
 Schenectady,  three of which names shall be submitted to the governor by
 the majority party of the legislature of the county of  Schenectady  and
 one  of  which  names  shall  be submitted by the minority party of such
 legislature; two members shall be appointed to the authority from a list
 of four names, all of whom shall be residents of the county  of  Rensse-
 laer,  three  of  which  names shall be submitted to the governor by the
 majority party of the legislature of the county of Rensselaer and one of
 which names shall be submitted by the minority party  of  such  legisla-
 ture;  two  members  shall  be appointed to the authority from a list of
 four names, all of whom shall be residents of the  county  of  Saratoga,
 three  of which names shall be submitted to the governor by the majority
 party of the legislature of the county of  Saratoga  and  one  of  which
 names  shall  be  submitted  by  the minority party of such legislature.
 Other counties electing to participate shall each submit to the governor
 a list of two persons each of whom shall be a resident of  such  county,
 one  of  which  names shall be submitted to the governor by the majority
 party of the legislature of such county and one of which names shall  be
 submitted  by  the minority party of such legislature, from which number
 the governor shall appoint one member for each such county  so  electing
 to participate.
   (b)  [There shall also be one] THE non-voting member of the authority,
 [which] WHO shall not be considered in determining a quorum[.  The  non-
 voting member], shall be recommended to the governor by the labor organ-
 ization representing the plurality of the employees within the authority
 and  shall be a resident of the Capital District transportation district
 as described in section thirteen hundred two of this title. The non-vot-
 ing member shall be appointed for a term of five years, provided, howev-
 er, that if at any time during the term of  appointment  the  non-voting
 member  ceases to be affiliated with the labor organization representing
 the plurality of employees within the authority, then such labor  organ-
 ization  may  at any time during such term recommend a new member to the
 governor who shall serve  the  remainder  of  the  term.  If  the  local
 bargaining unit decertifies its existing union affiliation and certifies
 a  new  union, the union which represents the plurality of the employees
 may recommend a new member to the governor who shall serve the remainder
 of the term. The chairman of the authority, at his  or  her  discretion,
 may exclude such non-voting member from attending any portion of a meet-
 ing  of  the  authority  or  of  any  committee  held for the purpose of
 discussing negotiations with  labor  organizations,  pending  litigation
 involving  the  labor organization, or the investigation, evaluation, or
 discipline of an employee.
   § 7. Section 1326 of the public authorities law is amended by adding a
 new subdivision 26 to read as follows:
 S. 3959--B                          6
 
   26. "TRANSIT DEPENDENT" SHALL MEAN AN INDIVIDUAL  WHO  IS  LIMITED  TO
 PUBLIC TRANSIT AS THEIR PRIMARY MODE OF TRANSPORTATION BECAUSE THE INDI-
 VIDUAL HAS A TEMPORARY OR PERMANENT DISABILITY.
   §  8.  Subdivision 1 of section 1328 of the public authorities law, as
 separately amended by chapters 388 and 396  of  the  laws  of  2007,  is
 amended to read as follows:
   1. (a) There is hereby created the central New York regional transpor-
 tation  authority.  The  authority shall be a body corporate and politic
 constituting a public benefit corporation. It shall consist of not  more
 than  twelve members, including a chairman and shall have one non-voting
 member as described in paragraph (b) of this subdivision.  AT LEAST  ONE
 VOTING  MEMBER  SHALL  BE  A  TRANSIT  DEPENDENT INDIVIDUAL WHO SHALL BE
 APPOINTED BY THE GOVERNOR AT THE RECOMMENDATION OF A LOCAL OR  STATEWIDE
 TRANSIT  ADVOCACY  ORGANIZATION,  PROVIDED  THAT IF A VACANCY OCCURS FOR
 SUCH TRANSIT DEPENDENT MEMBER POSITION, A REPLACEMENT SHALL BE APPOINTED
 WITHIN SIX MONTHS, SUBJECT TO   THE   SAME   APPOINTMENT PROCESS  WITHIN
 THIS  PARAGRAPH.  The  members shall be appointed by the governor by and
 with the advice and consent of  the  senate.  The  governor  shall  make
 initial  appointments  to  the  authority  in such number and from lists
 submitted as follows: three members shall be appointed to the  authority
 from a list of not less than six names, submitted to the governor by the
 common  council of the city of Syracuse, five persons from a list of not
 less than ten names, submitted by the legislature of the county of Onon-
 daga and two members shall be appointed from a list  of  not  less  than
 four  names  submitted by the legislature of the county of Oneida. Other
 counties electing to participate shall each submit  to  the  governor  a
 list of not less than two persons for each one hundred thousand or major
 fraction  of the total population, as determined by the nineteen hundred
 seventy or any  subsequent  federal  decennial  or  federal  county-wide
 special  census,  of  the  counties outside the county of Onondaga which
 shall elect to participate, from which number the governor shall appoint
 one member for each one hundred thousand or major fraction of the  total
 population,  as  determined by such federal decennial or federal county-
 wide special census, with a maximum of three members to  represent  such
 counties outside the county of Onondaga so electing to participate.
   (b)  [There shall also be one] THE non-voting member of the authority,
 [which] WHO shall not be considered in determining a quorum[.  The  non-
 voting member], shall be recommended to the governor by the labor organ-
 ization  representing the plurality of the employees within the authori-
 ty. The non-voting member shall be appointed for a term of seven  years,
 provided,  however,  that  if at any time during the term of appointment
 the non-voting member ceases to be affiliated with the  labor  organiza-
 tion  representing the plurality of employees within the authority, then
 such labor organization may at any time during such term recommend a new
 member to the governor who shall serve the remainder of the term. If the
 local bargaining unit decertifies its  existing  union  affiliation  and
 certifies  a  new union, the union which represents the plurality of the
 employees may recommend a new member to the governor who shall serve the
 remainder of the term. The chairman of the  authority,  at  his  or  her
 discretion,  may  exclude  such  non-voting  member  from  attending any
 portion of a meeting of the authority or of any committee held  for  the
 purpose  of  discussing  negotiations  with labor organizations, pending
 litigation involving the labor organization, or the investigation, eval-
 uation, or discipline of an employee.
   § 9. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.