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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 05, 2022 |
referred to transportation |
| Mar 10, 2021 |
referred to transportation |
Senate Bill S5555
2021-2022 Legislative Session
Establishes the Big Apple Transit Authority and the Commuter Transit Authority; repealer
download bill text pdfSponsored By
(D) 14th Senate District
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
Actions
2021-S5555 (ACTIVE) - Details
2021-S5555 (ACTIVE) - Summary
Relates to establishing the big apple transit authority and the commuter transportation authority for the purpose of providing such authorities with municipal control over the New York city subway system (Part A); relates to establishing the big apple transit authority within the New York city transit authority (Part B); relates to establishing the big apple transit authority; repeals provisions relating thereto (Part C)
2021-S5555 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5555
SPONSOR: COMRIE
TITLE OF BILL:
An act to amend the public authorities law and the transportation law,
in relation to establishing the big apple transit authority and the
commuter transportation authority for the purpose of providing such
authorities with municipal control over the New York city subway system;
and to repeal certain provisions of the public authorities law relating
thereto (Part A); to amend the public authorities law, in relation to
establishing the big apple transit authority within the New York city
transit authority (Part B); to amend the public authorities law, in
relation to establishing the big apple transit authority; and to repeal
subdivision 5 of section 553-k of the public authorities law relating
thereto (Part C); to amend the public authorities law in relation to
establishing the big apple transit authority (Part D); and to amend the
public authorities law, in relation to establishing the commuter trans-
portation authority (Part E)
PURPOSE:
To establish municipal control of New York City's subways and buses. SUMMARY OF PROVISIONS: To establish municipal control of the transit systems in New York City through the creation of a new authority, the Big Apple Transit authority (BAT), which will supplant the Metropolitan Transportation Authority (PTA) as the umbrella authority managing the transit systems within the City. Both. the New York City Transit Authority (NYCTA) and the Tribor- ough Bridge and Tunnel Authority (TBTA) would be under the new BAT authority. A separate authority, the Commuter. Transportation Authority (CTA), will be created to manage the commuter rails and other regional transportation concerns previously handled by the MTA. JUSTIFICATION: New York City's subway and buses are part of the MTA, a public benefit corporation that is responsible for developing and implementing a unified mass transit policy for New York City and the seven New York metropolitan-area counties of Dutchess, Nassau, Orange, Putnam, Rock- land, Suffolk, and Westchester. As a public benefit corporation, the MTA functions as a quasi-private corporation with broad powers, including the ability to issue bonds and take on debt, enter into contracts and leases, create its own by-laws, and appoint officers and employees. In addition, the MTA has power to acquire transportation facilities within the commuter district, levy tolls and fares, and "may do all things it deems necessary, convenient or desirable to manage, control and direct the maintenance and operation of" its transportation facilities." Local governments are explicitly prohibited, from exercising jurisdiction over transportation facilities or their activities and operations. By expressly constraining the ability of New York City over the MIA's work within its borders, New York City residents lose a direct lever to determine the direction and priorities of their transit system. Rather than having direct line between the ballot box and the subways, the electoral power is muddied by the structuring the system as part of a larger regional body. While regional transit governance does have its advantages, it also runs the risk of diffusing political will. If the powers that control the system have differing political perspectives, political paralysis, lack of clear agenda, and finger pointing can easi- ly result. The MIA's governing structure, has led to this very result. New York City transit system must responsive to the residents it serves. The best way to do this is restore municipal control over the mass tran- sit facilities and their operations in the five boroughs. The City should regain control over its mass transit facilities and their oper- ations. PRIOR LEGISLATIVE HISTORY: This is a new bill. EFFECTIVE DATE: This act shall take effect January 1, 2022.
2021-S5555 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5555
2021-2022 Regular Sessions
I N S E N A T E
March 10, 2021
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the public authorities law and the transportation law,
in relation to establishing the big apple transit authority and the
commuter transportation authority for the purpose of providing such
authorities with municipal control over the New York city subway
system; and to repeal certain provisions of the public authorities law
relating thereto (Part A); to amend the public authorities law, in
relation to establishing the big apple transit authority within the
New York city transit authority (Part B); to amend the public authori-
ties law, in relation to establishing the big apple transit authority;
and to repeal subdivision 5 of section 553-k of the public authorities
law relating thereto (Part C); to amend the public authorities law in
relation to establishing the big apple transit authority (Part D); and
to amend the public authorities law, in relation to establishing the
commuter transportation authority (Part E)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which establish the Big Apple Transit Authority and the Commuter Transit
Authority. Each component is wholly contained within a Part identified
as Parts A through E. The effective date for each particular provision
contained within such Part is set forth in the last section of such
Part. Any provision in any section contained within a Part, including
the effective date of the Part, which makes a reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05676-01-1
S. 5555 2
Section 1. Section 1261 of the public authorities law, as amended by
section 1 of part H of chapter 25 of the laws of 2009, subdivision 18-a
as amended by section 1 of part PP of chapter 58 of the laws of 2017, is
amended to read as follows:
§ 1261. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:
1. "Authority" shall mean the corporation created by section twelve
hundred sixty-three of this title.
2. ["Authority facilities" shall mean the authority's railroad, omni-
bus, marine and aviation facilities and operations pursuant to joint
service arrangements.
3.] "Budget" shall mean the preliminary, final proposed and adopted
final plans of the authority, and each of its agencies.
[4.] 3. "Comptroller" shall mean the comptroller of the state of New
York.
[5.] 4. "Equipment" shall mean rolling stock, omnibuses, vehicles,
air, marine or surface craft, motors, boilers, engines, wires, ways,
conduits and mechanisms, machinery, tools, implements, materials,
supplies, instruments and devices of every nature whatsoever used or
useful for transportation purposes or for the generation or transmission
of motive power including but not limited to all power houses, and all
apparatus and all devices for signalling, communications and ventilation
as may be necessary, convenient or desirable for the operation of a
transportation facility.
[6.] 5. "Federal government" shall mean the United States of America,
and any officer, department, board, commission, bureau, division, corpo-
ration, agency or instrumentality thereof.
[7. "Gap" shall mean the difference between projected revenues and
expenses for any given fiscal year based on the existing fare structure.
8. "Gap-closing initiative" shall mean any action to reduce a project-
ed gap.
9.] 6. "Governor" shall mean the governor of the state of New York.
[10.] 7. "Joint service arrangements" shall mean agreements between or
among the authority and any common carrier or freight forwarder, the
state, any state agency, the federal government, any other state or
agency or instrumentality thereof, any public authority of this or any
other state, or any political subdivision or municipality of the state,
relating to property, buildings, structures, facilities, services,
rates, fares, classifications, divisions, allowances or charges (includ-
ing charges between operators of railroad, omnibus, marine and aviation
facilities), or rules or regulations pertaining thereto, for or in
connection with or incidental to transportation in part in or upon rail-
road, omnibus, marine or aviation facilities located within the district
and in part in or upon railroad, omnibus, marine or aviation facilities
located outside the district.
[11.] 8. "Marine and aviation facilities" shall mean equipment and
craft for the transportation of passengers, mail and cargo between
points within the district or pursuant to joint service arrangements, by
marine craft and aircraft of all types including but not limited to
hydrofoils, ferries, lighters, tugs, barges, helicopters, amphibians,
seaplanes or other contrivances now or hereafter used in navigation or
movement on waterways or in the navigation of or flight in airspace. It
shall also mean any marine port or airport facility within the transpor-
tation district but outside the port of New York district as defined in
chapter one hundred fifty-four of the laws of nineteen hundred twenty-
one, including but not limited to terminals, docks, piers, bulkheads,
S. 5555 3
ramps or any facility or real property necessary, convenient or desira-
ble for the accommodation of passengers and cargo or the docking, sail-
ing, landing, taking off, accommodation or servicing of such marine
craft or aircraft.
[12.] 9. "Omnibus facilities" shall mean motor vehicles, of the type
operated by carriers subject to the jurisdiction of the public service
commission, engaged in the transportation of passengers and their
baggage, express and mail between points within the district or pursuant
to joint service arrangements, and equipment, property, buildings,
structures, improvements, loading or unloading areas, parking areas or
other facilities, necessary, convenient or desirable for the accommo-
dation of such motor vehicles or their passengers, including but not
limited to buildings, structures and areas notwithstanding that portions
may not be devoted to any omnibus purpose other than the production of
revenues available for the costs and expenses of all or any facilities
of the authority.
[13.] 10. "Railroad facilities" shall mean right of way and related
trackage, rails, cars, locomotives, other rolling stock, signal, power,
fuel, communication and ventilation systems, power plants, stations,
terminals, storage yards, repair and maintenance shops, yards, equipment
and parts, offices and other real estate or personalty used or held for
or incidental to the operation, rehabilitation or improvement of any
railroad operating or to operate between points within the district or
pursuant to joint service arrangements, including but not limited to
buildings, structures, and areas notwithstanding that portions thereof
may not be devoted to any railroad purpose other than the production of
revenues available for the costs and expenses of all or any facilities
of the authority.
[14.] 11. "Real property" shall mean lands, structures, franchises and
interests in land, waters, lands under water, riparian rights and air
rights and any and all things and rights included within said term and
includes not only fees simple absolute but also any and all lesser
interests including but not limited to easements, rights of way, uses,
leases, licenses and all other incorporeal hereditaments and every
estate, interest or right, legal or equitable, including terms for years
and liens thereon by way of judgments, mortgages or otherwise.
[15.] 12. "State" shall mean the state of New York.
[16.] 13. "State agency" shall mean any officer, department, board,
commissioner, bureau, division, public benefit corporation, agency or
instrumentality of the state.
[17.] 14. "Transportation facility" shall mean any transit, railroad,
omnibus, marine or aviation facility and any person, firm, partnership,
association or, corporation which owns, leases or operates any such
facility or any other facility used for service in the transportation of
passengers, United States mail or personal property as a common carrier
for hire and any portion thereof and the rights, leaseholds or other
interest therein together with routes, tracks, extensions, connections,
parking lots, garages, warehouses, yards, storage yards, maintenance and
repair shops, terminals, stations and other related facilities thereof,
the devices, appurtenances, and equipment thereof and power plants and
other instrumentalities used or useful therefor or in connection there-
with.
[18.] 15. "Transportation district" and "district" shall mean the
metropolitan commuter transportation district created by section twelve
hundred sixty-two of this title.
S. 5555 4
[18-a.] 16. "Transportation purpose" shall mean a purpose that direct-
ly supports the missions or purposes of the authority, any of its
subsidiaries, New York city transit authority or its subsidiary, includ-
ing the realization of revenues derived from property that is, or is to
be used as, a transportation facility.
[19.] 17. "New York city transit authority" shall mean the corporation
created by section twelve hundred one of this chapter.
[20.] 18. "Triborough bridge and tunnel authority" shall mean the
corporation created by section five hundred fifty-two of this chapter.
[21.] 19. "Inspector general" shall mean the metropolitan transporta-
tion authority inspector general.
[22. "Revenues." All] 20. "REVENUES" SHALL MEAN ALL monies received by
the authority or its subsidiaries, or New York city transit authority or
its subsidiaries, or Triborough bridge and tunnel authority, as the case
may be, from whatever source, derived directly or indirectly from or in
connection with the operations of the respective entity.
[23. "Transit facility." Transit facility as defined in subdivision
fifteen of section twelve hundred of this article.
24. "Utilization" shall mean public usage of the subway, bus, railroad
and paratransit services, and bridge and tunnel crossings, of the
authority and its affiliates and subsidiaries as reflected in empirical
data.]
21. "BIG APPLE TRANSIT AUTHORITY" SHALL MEAN THE CORPORATION CREATED
BY SECTION THIRTEEN HUNDRED FORTY-NINE-C OF THIS ARTICLE.
22. "BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES" SHALL MEAN THE
BIG APPLE TRANSIT AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND ALL THEIR RESPECTIVE SUBSID-
IARIES.
23. "COMMUTER TRANSPORTATION AUTHORITY" SHALL MEAN THE CORPORATION
CREATED BY SECTION THIRTEEN HUNDRED FORTY-NINE-CCCC OF THIS CHAPTER.
§ 2. Section 1262 of the public authorities law, as amended by chapter
669 of the laws of 1986, is amended to read as follows:
§ 1262. Metropolitan commuter transportation district. There is hereby
created and established a commuter transportation district to be known
as the metropolitan commuter transportation district which shall embrace
the city of New York and the counties of Dutchess, Nassau, Orange,
Putnam, Rockland, Suffolk and Westchester, provided, however, that the
district shall not include a county that has withdrawn from the district
pursuant to section [twelve] THIRTEEN hundred [seventy-nine-b] FORTY-
NINE-WWWWW of this article.
§ 3. Paragraph (a-1) of subdivision 1 and subdivision9 of section 1263
of the public authorities law are REPEALED.
§ 4. Paragraph (b) of subdivision 4 of section 1263 of the public
authorities law is REPEALED, and paragraphs (c) and (d) of subdivision
4, paragraph (c) as added by chapter 247 of the laws of 1990, and para-
graph (d) as added by section 5 of part H of chapter 25 of the laws of
2009, are amended to read as follows:
[(c)] (B) The chairman 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)] (C) Notwithstanding paragraph [(c)] (B) of subdivision one of
section twenty-eight hundred twenty-four of this chapter or any other
provision of law to the contrary, the chairman shall not participate in
establishing authority policies regarding the payment of salary, compen-
sation and reimbursement to, nor establish rules for the time and
S. 5555 5
attendance of, the chief executive officer. The salary of the chairman,
as determined pursuant to subdivision two of this section, shall also be
compensation for all services performed as chief executive officer.
§ 5. Subdivision 1 of section 1264 of the public authorities law, as
amended by section 2 of subpart B of part ZZZ of chapter 59 of the laws
of 2019, is amended to read as follows:
1. The purposes of the authority shall be the [continuance, further
development and improvement of commuter transportation and other
services related thereto within the metropolitan commuter transportation
district, including but not limited to such transportation by railroad,
omnibus, marine and air, in accordance with the provisions of this
title. It shall be the further purpose of the authority, consistent with
its status as the ex officio board of both the New York city transit
authority and the triborough bridge and tunnel authority, to develop and
implement a unified mass transportation policy for such district in an
efficient and cost-effective manner that includes the use of design-
build contracting on all projects over twenty-five million dollars in
cost except where a waiver is granted by the New York state budget
director pursuant to a request in writing from the metropolitan trans-
portation authority. For purposes of granting a waiver pursuant to this
section, such review shall consider whether the design build contracting
method is appropriate for the project that such waiver is sought for,
and the amount of savings and efficiencies that could be achieved using
such method. The determination for such waiver shall be made in writing
within forty-five days from request or shall be deemed granted] PAYMENT
OF DEBT INTEREST AND PRINCIPAL, AND THE FULFILLMENT OF ALL TERMS, COVEN-
ANTS, AND OTHER OBLIGATIONS ENTERED INTO WITH THE HOLDERS OF SAID DEBT.
§ 6. Section 1264-a of the public authorities law is REPEALED.
§ 7. Subdivisions 3, 10 and 11 of section 1265 of the public authori-
ties law are REPEALED.
§ 8. Subdivision 6 of section 1265 of the public authorities law, as
amended by chapter 988 of the laws of 1984, is amended to read as
follows:
6. [(a)] To enter into contracts and leases and to execute all instru-
ments necessary or convenient;
[(b) With respect to any lease transaction entered into pursuant to
section 168 (f) (8) of the United States internal revenue code or any
successor provisions, the authority shall meet the following standards
and procedures:
(i) notice of intention to negotiate shall be published in at least
one newspaper of general circulation, and a copy thereof shall be mailed
to all parties who have requested notification from the authority to
engage in transactions of this type. Such notice shall describe the
nature of the proposed transaction and the factors subject to negoti-
ation, which shall include, but not be limited to, the price to be paid
to the authority;
(ii) the authority shall negotiate with those respondents whose
response complies with the requirements set forth in the notice;
(iii) the board of the authority shall resolve on the basis of parti-
cularized findings relevant to the factors negotiated that such trans-
action will provide maximum available financial benefits, consistent
with other defined objectives and requirements.
(c) The authority shall provide to the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly, notice of each lease
entered into pursuant to paragraph (b) of this subdivision and support-
S. 5555 6
ing documentation of compliance by the authority with subparagraphs (i),
(ii) and (iii) of paragraph (b) of this subdivision;
(d) Paragraphs (b) and (c) of this subdivision shall be of no force
and effect with respect to any lease transaction entered into pursuant
to a commitment approved prior to January first, nineteen hundred eight-
y-five by the board of the authority.]
§ 9. Section 1265-a of the public authorities law is REPEALED.
§ 10. Section 1265-b of the public authorities law is REPEALED.
§ 11. Section 1266 of the public authorities law, as added by chapter
324 of the laws of 1965, subdivisions 1, 2, 6 and 8 as amended and
subdivisions 3-a and 6-a as added by section 23 of part O and subdivi-
sion 17 as added by section 8 of part N of chapter 61 of the laws of
2000, subdivision 3 as amended and subdivisions 10, 11 and 12 as added
by chapter 314 of the laws of 1981, subdivision 4 as amended by chapter
460 of the laws of 2015, subdivision 5 as amended by section 8 of part H
of chapter 25 of the laws of 2009, the opening paragraph of subdivision
5 as amended by chapter 506 of the laws of 2009, subdivision 9 as added
by chapter 717 of the laws of 1967, the opening paragraph of subdivision
9 as separately amended by chapters 657 and 789 of the laws of 1973,
paragraphs (a), (b), (c) and (d) of subdivision 9 as relettered by chap-
ter 789 of the laws of 1973, paragraph (b) of subdivision 9 as amended
by chapter 420 of the laws of 1968, subdivision 12-a as added by section
2 of part VVV of chapter 58 of the laws of 2020, subdivision 13 as added
by chapter 530 of the laws of 1986, subdivision 14 as amended by chapter
182 of the laws of 2013, subdivision 15 as added by chapter 523 of the
laws of 1999, subdivision 16 as amended by chapter 25 of the laws of
2000 and subdivision 18 as amended by chapter 607 of the laws of 2003,
is amended to read as follows:
§ 1266. Special powers of the authority. In order to effectuate the
purposes of this title:
1. [The authority may acquire, by purchase, gift, grant, transfer,
contract or lease, any transportation facility other than a transit
facility or, subject to subdivision two of this section or any transpor-
tation facility constituting a transit facility, wholly or partially
within the metropolitan commuter transportation district, or any part
thereof, or the use thereof, and may enter into any joint service
arrangements as hereinafter provided. Any such acquisition or joint
service arrangement shall be authorized only by resolution of the
authority approved by not less than a majority vote of the whole number
of members of the authority then in office, except that in the event of
a tie vote the chairman shall cast one additional vote.
2. The authority may on such terms and conditions as the authority may
determine necessary, convenient or desirable itself plan, design,
acquire, establish, construct, effectuate, operate, maintain, renovate,
improve, extend, rehabilitate or repair (a) any transportation facility
other than a transit project, or (b) upon the request of the New York
city transit authority, and upon such terms and conditions as shall be
agreed to by the authority or any transportation facility constituting a
transit facility (a "transportation assistance project"), or may provide
for such planning, design, acquisition, establishment, construction,
effectuation, operation, maintenance, renovation, improvement, exten-
sion, rehabilitation or repair by contract, lease or other arrangement
on such terms as the authority may deem necessary, convenient or desira-
ble with any person, including but not limited to any common carrier or
freight forwarder, the state, any state agency, the federal government,
any other state or agency or instrumentality thereof, any public author-
S. 5555 7
ity of this or any other state, the port of New York authority or any
political subdivision or municipality of the state. In connection with
the operation of any transportation facility, the authority may plan,
design, acquire, establish, construct, effectuate, operate, maintain,
renovate, improve, extend or repair or may provide by contract, lease or
other arrangement for the planning, design, acquisition, establishment,
construction, effectuation, operation, maintenance, renovation, improve-
ment, extension or repair of any related services and activities it
deems necessary, convenient or desirable, including but not limited to
the transportation and storage of freight and the United States mail,
feeder and connecting transportation, parking areas, transportation
centers, stations and related facilities. Upon the completion of any
such transportation assistance project or any part thereof or the termi-
nation of any contract, lease or other arrangement relating to such
transportation assistance project, the authority shall cause the same to
be transferred, leased or subleased to the New York city transit author-
ity or its designated subsidiary, as appropriate, with or without
consideration.
3.] (A) The authority [may] SHALL ENSURE THAT ITS REVENUES AND ANY
OTHER FUNDS OR PROPERTY ACTUALLY AVAILABLE TO THE AUTHORITY ARE SUFFI-
CIENT TO MAINTAIN THE OPERATIONS OF THE AUTHORITY ON A SELF-SUSTAINING
BASIS. THE OPERATIONS OF THE AUTHORITY SHALL BE DEEMED TO BE ON A SELF-
SUSTAINING BASIS AS REQUIRED BY THIS TITLE WHEN THE AUTHORITY IS ABLE TO
PAY OR CAUSE TO BE PAID FROM REVENUE AND ANY OTHER FUNDS OR PROPERTY
ACTUALLY AVAILABLE TO THE AUTHORITY: (I) AS THE SAME SHALL BECOME DUE,
THE PRINCIPAL OF AND INTEREST ON THE BONDS AND NOTES AND OTHER OBLI-
GATIONS OF THE AUTHORITY; (II) THE COST AND EXPENSE OF KEEPING THE PROP-
ERTIES AND ASSETS OF THE AUTHORITY IN GOOD CONDITION AND REPAIR; (III)
THE OPERATING EXPENSES OF THE AUTHORITY; AND (IV) ANY ADDITIONAL INVEST-
MENT OR SAVINGS NECESSARY TO MAINTAIN PROPER RESERVES.
(B) THE TERM "PROPER RESERVES" AS USED IN THIS TITLE MEANS THE FUNDS
NECESSARY, TAKING INTO CONSIDERATION PROJECTIONS OF FUTURE REVENUES AND
EXPENSES, TO ENSURE THAT TOTAL FUNDS AVAILABLE FOR THE FOLLOWING MONTH
WILL EXCEED TWO HUNDRED FIFTY PERCENT OF THE AMOUNT NECESSARY TO PAY OR
CAUSE TO BE PAID:
(I) AS THE SAME SHALL BECOME DUE, THE PRINCIPAL OF AND INTEREST ON THE
BONDS AND NOTES AND OTHER OBLIGATIONS OF THE AUTHORITY;
(II) THE COST AND EXPENSE OF KEEPING THE PROPERTIES AND ASSETS OF THE
AUTHORITY IN GOOD CONDITION AND REPAIR; AND
(III) THE OPERATING EXPENSES OF THE AUTHORITY, FOR THAT FOLLOWING
MONTH.
(C) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW IN TITLE ELEVEN-E OR
TITLE ELEVEN-F OF THIS ARTICLE, IF MONTHLY REVENUES FALL BELOW ONE
HUNDRED TWENTY-FIVE PERCENT OF THE AMOUNT NECESSARY TO MAINTAIN THE
OPERATIONS OF THE AUTHORITY ON A SELF-SUSTAINING BASIS, THE AUTHORITY
SHALL, IN ACCORDANCE WITH SECTIONS THIRTEEN HUNDRED FORTY-NINE-H AND
THIRTEEN HUNDRED FORTY-NINE-IIII OF THIS ARTICLE, establish, levy and
collect or cause to be established, levied and collected and, in the
case of a joint service arrangement, join with others in the establish-
ment, levy and collection of such fares, tolls, rentals, rates, charges
and other fees as it may deem necessary, convenient or desirable for the
use and operation of any transportation facility and related services
operated by the authority or by a subsidiary corporation of the authori-
ty or under contract, lease or other arrangement, including joint
service arrangements, with the authority, UNTIL SUCH TIME THAT MONTHLY
REVENUES AND ANY OTHER FUNDS OR PROPERTY ACTUALLY AVAILABLE TO THE
S. 5555 8
AUTHORITY, INCLUDING ITS RESERVES, EXCEED TWO HUNDRED PERCENT OF THE
AMOUNT NECESSARY TO MAINTAIN THE MONTHLY OPERATIONS OF THE AUTHORITY ON
A SELF-SUSTAINING BASIS FOR THREE CONSECUTIVE MONTHS.
(D) Any such fares, tolls, rentals, rates, charges or other fees for
the transportation of passengers shall be established and changed only
if approved by resolution of the authority adopted by not less than a
majority vote of the whole number of members of the authority then in
office, with the chairman having one additional vote in the event of a
tie vote, and only after a public hearing, provided however, that fares,
tolls, rentals, rates, charges or other fees for the transportation of
passengers on any transportation facility which are in effect at the
time that the then owner of such transportation facility becomes a
subsidiary corporation of the authority or at the time that operation of
such transportation facility is commenced by the authority or is
commenced under contract, lease or other arrangement, including joint
service arrangements, with the authority may be continued in effect
without such a hearing. [Such fares, tolls, rentals, rates, charges and
other fees shall be established as may in the judgment of the authority
be necessary to maintain the combined operations of the authority and
its subsidiary corporations on a self-sustaining basis. The said oper-
ations shall be deemed to be on a self-sustaining basis as required by
this title, when the authority is able to pay or cause to be paid from
revenue and any other funds or property actually available to the
authority and its subsidiary corporations (a) as the same shall become
due, the principal of and interest on the bonds and notes and other
obligations of the authority and of such subsidiary corporations,
together with the maintenance of proper reserves therefor, (b) the cost
and expense of keeping the properties and assets of the authority and
its subsidiary corporations in good condition and repair, and (c) the
capital and operating expenses of the authority and its subsidiary
corporations.]
(E) The authority may contract with the holders of bonds and notes
with respect to the exercise of the powers authorized by this section.
(F) No acts or activities taken or proposed to be taken by the author-
ity or any subsidiary of the authority pursuant to the provisions of
this subdivision shall be deemed to be "actions" for the purposes or
within the meaning of article eight of the environmental conservation
law.
[3-a. In furtherance of the authority's mandate to develop and imple-
ment a unified mass transportation policy for the metropolitan commuter
transportation district and the exercise of its powers, including the
power to issue notes, bonds and other obligations secured in whole or in
part by the revenues of the authority and its subsidiaries, and New York
city transit authority and its subsidiaries, the authority shall join
with the New York city transit authority and its subsidiaries in
connection with any change in the establishment, levy and collection of
fares, tolls, rentals, rates, charges and other fees for the transporta-
tion of passengers on any transportation facilities operated by New York
city transit authority and its subsidiaries. Such fares, tolls, rentals,
charges and other fees on transit facilities shall be established in
accordance with the requirements of sections twelve hundred five and
twelve hundred seven-i of this article.
4. The authority may establish and, in the case of joint service
arrangements, join with others in the establishment of such schedules
and standards of operations and such other rules and regulations includ-
ing but not limited to rules and regulations governing the conduct and
S. 5555 9
safety of the public as it may deem necessary, convenient or desirable
for the use and operation of any transportation facility and related
services operated by the authority or under contract, lease or other
arrangement, including joint service arrangements, with the authority.
Such rules and regulations governing the conduct and safety of the
public shall be filed with the department of state in the manner
provided by section one hundred two of the executive law. In the case of
any conflict between any such rule or regulation of the authority
governing the conduct or the safety of the public and any local law,
ordinance, rule or regulation, such rule or regulation of the authority
shall prevail. Violation of any such rule or regulation of the authority
governing the conduct or the safety of the public in or upon any facili-
ty of the authority shall constitute an offense and shall be punishable
by a fine not exceeding fifty dollars or imprisonment for not more than
thirty days or both or may be punishable by the imposition of a civil
penalty by the transit adjudication bureau established pursuant to the
provisions of title nine of this article.
5. The authority may acquire, hold, own, lease, establish, construct,
effectuate, operate, maintain, renovate, improve, extend or repair any
transportation facilities through, and cause any one or more of its
powers, duties, functions or activities to be exercised or performed by,
one or more wholly owned subsidiary corporations of the authority, or by
New York city transit authority or any of its subsidiary corporations in
the case of transit facilities and may transfer to or from any such
corporations any moneys, real property or other property for any of the
purposes of this title upon such terms and conditions as shall be agreed
to and subject to such payment or repayment obligations as are required
by law or by any agreement to which any of the affected entities is
subject. The directors or members of each such subsidiary corporation of
the authority corporation shall be the same persons holding the offices
of members of the authority. The chairman of the board of each such
subsidiary shall be the chairman of the authority, serving ex officio
and, provided that there is an executive director of the metropolitan
transportation authority, the executive director of such subsidiary
shall be the executive director of the metropolitan transportation
authority, serving ex officio. Notwithstanding any provision of law to
the contrary, the chairman shall be the chief executive officer of each
such subsidiary and shall be responsible for the discharge of the execu-
tive and administrative functions and powers of each such subsidiary.
The chairman and executive director, if any, shall be empowered to dele-
gate his or her functions and powers to one or more officers or employ-
ees of each such subsidiary designated by him or her. Each such subsid-
iary corporation of the authority and any of its property, functions and
activities shall have all of the privileges, immunities, tax exemptions
and other exemptions of the authority and of the authority's property,
functions and activities. Each such subsidiary corporation shall be
subject to the restrictions and limitations to which the authority may
be subject. Each such subsidiary corporation of the authority shall be
subject to suit in accordance with section twelve hundred seventy-six of
this title. The employees of any such subsidiary corporation, except
those who are also employees of the authority, shall not be deemed
employees of the authority.
If the authority shall determine that one or more of its subsidiary
corporations should be in the form of a public benefit corporation, it
shall create each such public benefit corporation by executing and
filing with the secretary of state a certificate of incorporation, which
S. 5555 10
may be amended from time to time by filing, which shall set forth the
name of such public benefit subsidiary corporation, its duration, the
location of its principal office, and any or all of the purposes of
acquiring, owning, leasing, establishing, constructing, effectuating,
operating, maintaining, renovating, improving, extending or repairing
one or more facilities of the authority. Each such public benefit
subsidiary corporation shall be a body politic and corporate and shall
have all those powers vested in the authority by the provisions of this
title which the authority shall determine to include in its certificate
of incorporation except the power to contract indebtedness.
Whenever any state, political subdivision, municipality, commission,
agency, officer, department, board, division or person is authorized and
empowered for any of the purposes of this title to co-operate and enter
into agreements with the authority such state, political subdivision,
municipality, commission, agency, officer, department, board, division
or person shall have the same authorization and power for any of such
purposes to co-operate and enter into agreements with a subsidiary
corporation of the authority.
6. Each of the] 2. ON A MONTHLY BASIS, OR MORE FREQUENTLY IF REQUIRED
BY LAW OR AGREEMENT, THE AUTHORITY SHALL:
(A) PAY:
(I) AS THE SAME SHALL BECOME DUE, THE PRINCIPAL OF AND INTEREST ON THE
BONDS AND NOTES AND OTHER OBLIGATIONS OF THE AUTHORITY, TOGETHER WITH
THE MAINTENANCE OF PROPER RESERVES THEREFOR;
(II) THE COST AND EXPENSE OF KEEPING THE PROPERTIES AND ASSETS OF THE
AUTHORITY IN GOOD CONDITION AND REPAIR; AND
(III) THE OPERATING EXPENSES OF THE AUTHORITY;
(B) MAKE ALL OTHER PAYMENTS AND TRANSFERS AS REQUIRED BY LAW, INCLUD-
ING THOSE REQUIRED BY SECTIONS TWELVE HUNDRED SEVENTY-A, TWELVE HUNDRED
SEVENTY-B, TWELVE HUNDRED SEVENTY-C, TWELVE HUNDRED SEVENTY-D, TWELVE
HUNDRED SEVENTY-H, AND TWELVE HUNDRED SEVENTY-I OF THIS TITLE; AND
(C) TRANSFER ALL REMAINING FUNDS, EXCEPT THOSE REQUIRED TO BE HELD IN
RESERVE BY LAW, TO THE BIG APPLE TRANSIT AUTHORITY AND THE COMMUTER
TRANSPORTATION AUTHORITY AS FOLLOWS: EIGHTY PERCENT OF THE FUNDS SHALL
BE TRANSFERRED TO THE BIG APPLE TRANSIT AUTHORITY AND TWENTY PERCENT OF
THE FUNDS SHALL BE TRANSFERRED TO THE COMMUTER TRANSPORTATION AUTHORITY.
3. THE authority [and its subsidiaries, and the New York city transit
authority and its subsidiaries, in its own name or in the name of the
state,] may apply for and receive and accept grants of property, money
and services and other assistance offered or made available to it by any
person, government or agency, which it may use to meet capital or oper-
ating expenses and for any other use within the scope of its powers, and
to negotiate for the same upon such terms and conditions as the respec-
tive authority may determine to be necessary, convenient or desirable.
[6-a.] 4. Subject to the rights of the holders of any outstanding
bonds, notes or other obligations of the authority, [New York city tran-
sit authority and Triborough bridge and tunnel authority] THE BIG APPLE
TRANSIT AUTHORITY AND ITS AFFILIATES, AND THE COMMUTER TRANSPORTATION
AUTHORITY, and to facilitate the efficient financial management of the
authority, [its subsidiary corporations, New York city transit authority
and its subsidiary corporations, and Triborough bridge and tunnel
authority] THE BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, AND THE
COMMUTER TRANSPORTATION AUTHORITY, (the "affiliated entities"), the
authority may[, and may permit and direct any affiliated entity to,]
transfer revenues, subsidies and other monies or securities to one or
more funds or accounts of another affiliated entity for use by such
S. 5555 11
other affiliated entity, provided at the time of such transfer it is
reasonably anticipated that the monies and securities so transferred
will be reimbursed, repaid or otherwise provided for by the end of the
next succeeding calendar year if reimbursement or repayment is required
by law or by any agreement to which any of the affected affiliated enti-
ties is subject. Any revenues of an affiliated entity that are trans-
ferred to another affiliated entity, which transfer was not authorized
by a provision of law other than this subdivision, shall be considered
to be required to be repaid to the affiliated entity which was the
source of such revenues by the end of the next succeeding calendar year
following such transfer.
[7. The authority may lease railroad cars for use in its passenger
service pursuant to the provisions of chapter six hundred thirty-eight
of the laws of nineteen hundred fifty-nine.
8. The authority may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
transportation facilities, equipment or real property operated by or
under contract, lease or other arrangement with the authority and its
subsidiaries, and New York city transit authority and its subsidiaries.
Except as hereinafter specially provided, no municipality or political
subdivision, including but not limited to a county, city, village, town
or school or other district shall have jurisdiction over any facilities
of the authority and its subsidiaries, and New York city transit author-
ity and its subsidiaries, or any of their activities or operations. The
local laws, resolutions, ordinances, rules and regulations of a munici-
pality or political subdivision, heretofore or hereafter adopted,
conflicting with this title or any rule or regulation of the authority
or its subsidiaries, or New York city transit authority or its subsid-
iaries, shall not be applicable to the activities or operations of the
authority and its subsidiaries, and New York city transit authority, or
the facilities of the authority and its subsidiaries, and New York city
transit authority and its subsidiaries, except such facilities that are
devoted to purposes other than transportation or transit purposes. Each
municipality or political subdivision, including but not limited to a
county, city, village, town or district in which any facilities of the
authority or its subsidiaries, or New York city transit authority or its
subsidiaries are located shall provide for such facilities police, fire
and health protection services of the same character and to the same
extent as those provided for residents of such municipality or political
subdivision.
The jurisdiction, supervision, powers and duties of the department of
transportation of the state under the transportation law shall not
extend to the authority in the exercise of any of its powers under this
title. The authority may agree with such department for the execution by
such department of any grade crossing elimination project or any grade
crossing separation reconstruction project along any railroad facility
operated by the authority or by one of its subsidiary corporations or
under contract, lease or other arrangement with the authority. Any such
project shall be executed as provided in article ten of the transporta-
tion law and the railroad law, respectively, and the costs of any such
project shall be borne as provided in such laws, except that the author-
ity's share of such costs shall be borne by the state.
9. Upon approval by the commissioner of transportation of the state of
New York of detailed plans and specifications, which approval may be
based upon considerations of relative need and the timing of
construction, the authority is authorized to design, construct, main-
S. 5555 12
tain, operate, improve and reconstruct a highway bridge crossing Long
Island sound, as follows:
(a) Upon (i) the enactment by the state of Connecticut of legislation
having like effect as the provisions of this paragraph and the granting
of the consent of the congress of the United States of America to the
interstate compact thereby created, and (ii) in conformity with recom-
mendations of the New York-Connecticut bi-state bridge study commission,
the authority is authorized, in cooperation with any duly designated
agency or agencies of the state of Connecticut, to design, construct,
maintain, operate, improve and reconstruct a highway bridge crossing
Long Island sound from a point in the vicinity of the city of Bridgeport
in the state of Connecticut to a point in the vicinity of the village of
Port Jefferson in the state of New York, together with approaches to
such bridge; and to contract from time to time with such agency or agen-
cies of the state of Connecticut with respect to all matters affecting
these authorizations, including, without limitation, the sharing of all
capital, operational and maintenance expense (except that the capital
expense of the original construction of such bridge, other than the
expense of acquiring the needed real property, shall be in the ratio of
fifty per-centum for the authority and fifty per-centum for such agency
or agencies of the state of Connecticut), the manner and by whom the
work of design, construction, reconstruction, improvement, maintenance
and operation is to be performed or contracted to others for perform-
ance, the tolls, fees and other charges to be imposed from time to time
for the use of such bridge, and the sharing of revenues derived from the
imposition of such tolls, fees and charges (except that net revenues
remaining after deduction of operational and maintenance expense of such
bridge shall be in the ratio of fifty per-centum for the authority and
fifty per-centum for the state of Connecticut or for such agency or
agencies of the state of Connecticut. Subject to the limitations imposed
upon the authority by the provisions of the said contracts, that portion
of the said bridge and its approaches situate and lying within the
territorial boundaries of the state of New York shall be deemed a
"transportation facility" of the authority for all the purposes of this
title, but tolls, fees and other charges imposed for the use of such
bridge shall not be deemed to have been imposed "for the transportation
of passengers" within the intendment of subdivision three of this
section.
(b) If funds are made available by the authority for the payment of
the cost and expense of the acquisition thereof, the commissioner of
transportation of the state of New York, when requested by the authori-
ty, may acquire in the name of the state such real property lying within
the territorial boundaries of the state as may be determined from time
to time by the authority to be necessary, convenient or desirable to
carry out the authorizations set forth in paragraphs (a) and (b) of this
subdivision, may remove the owner or occupant thereof where necessary
and obtain possession and, when requested by the authority, may dispose
of any real property so acquired, all according to the procedure
provided in section thirty of the highway law. The authority shall have
the right to possess and use for its corporate purposes all such real
property so acquired, all according to the procedure provided in section
thirty of the highway law. The authority shall have the right to possess
and use for its corporate purposes all such real property so acquired.
Claims for the value of the property appropriated and for legal damages
caused by any such appropriation shall be adjusted and determined by the
commissioner of transportation with the approval of the authority or by
S. 5555 13
the court of claims as provided in section thirty of the highway law.
When a claim has been filed with the court of claims, the claimant shall
cause a copy of such claim to be served upon the authority and the
authority shall have the right to be represented and heard before such
court. All awards and judgments arising from such claims shall be paid
out of moneys of the authority.
(c) The authority, acting independently or jointly or in cooperation
with such agency or agencies of the state of Connecticut, may also apply
for and accept, upon condition or otherwise, from the duly authorized
agencies of the federal government, and of the governments of the states
of Connecticut and New York, such underwater and overwater grants of
real property, licenses or permits as shall be necessary, convenient or
desirable to carry out the authorizations set forth in paragraphs (a)
and (b) of this subdivision.
(d) The provisions of chapter four hundred forty-two of the laws of
nineteen hundred sixty-five (and of any agreement entered into in
pursuance thereof) relating to the repayment of a loan made by the state
to the authority for the purchase of the Long Island railroad shall be
inapplicable to (i) the construction of such bridges and their
approaches, (ii) bonds, notes or other obligations of the authority
issued for or in connection with the financing of the cost of design,
construction and reconstruction of such bridges and their approaches, or
the proceeds realized upon such issuance; and (iii) revenues derived
from the investment of such proceeds or of any part thereof, and from
the imposition of tolls, fees or other charges for the use of such
bridges.
10.] 5. Notwithstanding the provisions of any other law, general,
special or local, or of any agreement entered into in pursuance thereof,
relating to the repayment of any loan or advance made by the state to
the authority or to the New York city transit authority, neither the
authority nor the New York city transit authority shall be required to
repay any such loan or advance heretofore made from or by reason of the
issuance of bonds or notes of either of them or from the proceeds real-
ized upon such issuance or from any other funds received by either of
them from any source whatever in aid or assistance of the project or
projects for the financing of which such bonds or notes are issued.
[11. No project to be constructed upon real property theretofore used
for a transportation purpose, or on an insubstantial addition to such
property contiguous thereto, which will not change in a material respect
the general character of such prior transportation use, nor any acts or
activities in connection with such project, shall be subject to the
provisions of article eight, nineteen, twenty-four or twenty-five of the
environmental conservation law, or to any local law or ordinance adopted
pursuant to any such article. Nor shall any acts or activities taken or
proposed to be taken by the authority or by any other person or entity,
public or private, in connection with the planning, design, acquisition,
improvement, construction, reconstruction or rehabilitation of a trans-
portation facility, other than a marine or aviation facility, be subject
to the provisions of article eight of the environmental conservation
law, or to any local law or ordinance adopted pursuant to any such arti-
cle if such acts or activities require the preparation of a statement
under or pursuant to any federal law or regulation as to the environ-
mental impact thereof.
12. The authority may, upon suitable notice to and an offer to consult
with an officer designated by the city of New York, occupy the streets
of the city of New York for the purpose of doing any work over or under
S. 5555 14
the same in connection with the improvement, construction, recon-
struction or rehabilitation of a transportation facility without the
consent of or payment to such city.
12-a] 6. (a) Whenever the authority determines in consultation with
the city of New York that it is necessary to obtain the temporary or
permanent use, occupancy, control or possession of vacant or undeveloped
or underutilized but replaceable real property, or any interest therein,
or subsurface real property or any interest therein then owned by the
city of New York for a project in the two thousand fifteen to two thou-
sand nineteen or the two thousand twenty to two thousand twenty-four
approved capital programs to (i) install one or more elevators to make
one or more subway stations more accessible, (ii) construct or recon-
struct an electrical substation to increase available power to the
subway system to expand passenger capacity or reliability, or (iii) in
connection with the capital project to construct four commuter railroad
passengers stations in the borough of the Bronx known as Penn Station
access, the authority upon approval by the board of the metropolitan
transportation authority and upon suitable notice and with the consent
of the city of New York may cause the title to such real property, or
any interest therein, to be transferred to the authority by adding it to
the agreement of lease dated June first, nineteen hundred fifty-three,
as amended, renewed and supplemented, authorized by section twelve
hundred three of this article, or may itself acquire title to such prop-
erty from the city of New York, and any such transfer or acquisition of
real property shall be subject to the provisions of subdivision five of
section twelve hundred sixty-six-c of this title. Nothing in this subdi-
vision shall be deemed to authorize any temporary or permanent transfer
or acquisition of real property, or interest therein, that is dedicated
parkland without separate legislative approval of such alienation.
(b) (i) Upon the execution of any transfer or acquisition pursuant to
this subdivision, which shall be final upon the approval by the board of
the metropolitan transportation authority and consent of the city of New
York, the fair market value shall be determined pursuant to this para-
graph. The authority shall make a written offer to pay to the city of
New York the fair market value of the authority's use, occupancy,
control, possession or acquisition of such property. The offer by the
authority shall be based on an appraisal of the value of such property
and a copy of such appraisal shall be included with the offer. Such
appraisal shall be done by an independent New York state licensed or
certified appraiser, who may not be employed by the authority, selected
at random from a panel of appraisers maintained by it for such purpose.
Such appraisal and a second appraisal, if required pursuant to subpara-
graph (ii) of this paragraph, shall consider only the reasonably antic-
ipated lawful use of the property and its zoning designation under the
zoning resolution of the city of New York at the time the authority
notified the city of New York of its determination to use, occupy,
control, possess or acquire such property.
(ii) Within thirty days of receipt of the offer by the authority, the
city of New York may accept it, agree with the authority on another
amount, or request a second appraisal by an independent New York state
licensed or certified appraiser, who may not be employed by the city of
New York, selected at random by the city of New York from a panel of
appraisers maintained by it for such purpose. Such second appraisal
shall be completed within thirty days. If the second appraisal produces
an estimate of the fair market value of the property that is greater
than that of the first appraisal, the authority shall have ten days to
S. 5555 15
increase its offer to such higher amount, otherwise the two appraisers
shall reconcile their valuations and agree on a final valuation within
ten days, which shall be an amount not less than the first appraisal nor
greater than the second appraisal.
[(c) Nothing in this subdivision shall be construed to affect or limit
the authority's power under subdivision twelve of this section.
13. The authority and each of its subsidiary corporations shall place
on each transformer and substation which contains polychlorinated biphe-
nyls (PCBs) a symbol so indicating the presence of PCBs. Use of a PCB
mark illustrated in the rules and regulations promulgated pursuant to
the federal Toxic Substances Control Act shall constitute compliance
with the provisions of this subdivision.
14. Notwithstanding any other provisions of law or the terms of any
contract, the authority, in consultation with the Long Island Rail Road,
shall establish and implement a no fare program for transportation on
the Long Island Rail Road for police officers employed by the city of
New York, county of Nassau, Nassau county villages and cities, county of
Suffolk, Suffolk county villages and towns, the division of state
police, the port authority of New York and New Jersey, the Metro-North
Commuter Railroad Company, the New York city housing authority and the
New York city transit authority. In establishing such program, which has
as its goal increased protection and improved safety for its commuters,
the authority and the Long Island Rail Road shall, among other things,
consider: (a) requiring police officers who ride without cost to regis-
ter with the Long Island Rail Road as a condition of riding without
cost; (b) requiring such officers to indicate during such registration
process their regular working hours and the Long Island Rail Road trains
that such officers expect to ride; and (c) periodically re-registering
and re-validating such officers. The authority and the Long Island Rail
Road shall also have the power to consider other matters necessary to
carry out the goals and objectives of this section.
15. (a) Notwithstanding any other provisions of law or the terms of
any contract, the authority, in consultation with the New York city
transit authority, the Long Island Rail Road and the Metro-North Commu-
ter Railroad Company, shall establish and implement a no fare program
for transportation on New York city transit authority systems, the Long
Island Rail Road and the Metro-North Commuter Railroad Company for indi-
viduals serving as personal care attendants accompanying an Americans
With Disabilities Act paratransit eligible individual.
(b) In order to be eligible for such no fare program the personal care
attendant must show his or her community based personal care attendant
agency issued identification card.
(c) In order to be considered accompanying an Americans With Disabili-
ties Act paratransit eligible individual the personal care attendant
shall have the same origin and destination as such paratransit eligible
individual.
16. Notwithstanding any other provision of law, the authority and any
of its subsidiary corporations shall establish and implement a half fare
rate program for persons with serious mental illness who are eligible to
receive supplemental security income benefits as defined pursuant to
title sixteen of the federal social security act and section two hundred
nine of the social services law.
17. Notwithstanding any conflicting provisions of general, special or
local law, and pursuant to the authority's 2000-2004 capital program
plans approved by the metropolitan transportation authority capital
program review board, the authority or any of its subsidiaries, the New
S. 5555 16
York city transit authority or any of its subsidiaries, or Triborough
bridge and tunnel authority, shall provide, from funds identified in
such approved 2000-2004 capital program plans, up to twelve million
dollars for the financing of a bus and heavy duty vehicles emission
research and testing facility and related equipment located in the state
of New York, whether within or outside of the transportation district,
which facility shall be operated by the department of environmental
conservation and shall be available for use on a non-exclusive basis by
the authority and any of its subsidiaries, the New York city transit
authority and any of its subsidiaries, and Triborough bridge and tunnel
authority.
18. The authority shall conduct a campaign of public outreach to
inform the public of the provisions pertaining to assault on employees
described in subdivision eleven of section 120.05 of the penal law.]
§ 12. Section 1266-a of the public authorities law is REPEALED.
§ 13. Section 1266-b of the public authorities law is REPEALED.
§ 14. Section 1266-c of the public authorities law is REPEALED.
§ 15. Section 1266-d of the public authorities law is REPEALED.
§ 16. Section 1266-e of the public authorities law is REPEALED.
§ 17. Section 1266-f of the public authorities law is REPEALED.
§ 18. Section 1266-g of the public authorities law is REPEALED.
§ 19. Section 1266-h of the public authorities law is REPEALED and a
new section 1266-h is added to read as follows:
§ 1266-H. TRANSFER OF EMPLOYEES. 1. IN ORDER TO ASSIST THE BIG APPLE
TRANSPORTATION AUTHORITY AND THE COMMUTER TRANSPORTATION AUTHORITY IN
CARRYING OUT THEIR POWERS AND RESPONSIBILITIES, THE AUTHORITY SHALL
DEVELOP AND COMPLETE A PERSONNEL REORGANIZATION PLAN TO TRANSFER ITS
EMPLOYEES TO THE BIG APPLE TRANSPORTATION AUTHORITY AND THE COMMUTER
TRANSPORTATION AUTHORITY TO PERFORM ANY OPERATION OR FUNCTION SUBJECT
ONLY TO A DETERMINATION THAT THEY ARE SUBSTANTIALLY SIMILAR TO ANY OPER-
ATION OR FUNCTION CURRENTLY PERFORMED. SUBSTANTIALLY SIMILAR OPERATION
OR FUNCTION SHALL BE DETERMINED BY THE AUTHORITY RECEIVING THE EMPLOY-
EES.
2. SUCH ASSIGNMENT, TRANSFER, SHARING, OR CONSOLIDATION PURSUANT TO
THIS SECTION SHALL OCCUR ONLY IF APPROVED BY RESOLUTION OF THE BOARDS OF
THE AUTHORITY, THE BIG APPLE TRANSPORTATION AUTHORITY, AND THE COMMUTER
TRANSPORTATION AUTHORITY, ADOPTED BY NOT LESS THAN A MAJORITY VOTE OF
THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, WITH THE
CHAIRMAN HAVING ONE ADDITIONAL VOTE IN THE EVENT OF A TIE VOTE.
3. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS THAT ACCRUE TO EMPLOYEES
AND EMPLOYERS THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR IMPACT OR
CHANGE AN EMPLOYEE'S MEMBERSHIP IN A BARGAINING UNIT.
4. A TRANSFERRED EMPLOYEE WHO IS A MEMBER OR BENEFICIARY OF ANY EXIST-
ING PENSION OR RETIREMENT SYSTEM SHALL CONTINUE TO HAVE THE RIGHTS,
PRIVILEGES, OBLIGATIONS AND STATUS WITH RESPECT TO SUCH SYSTEM OR
SYSTEMS AS IF THEY HAD CONTINUED IN THEIR EMPLOYMENT WITH THE AUTHORITY.
5. PURSUANT TO THIS SECTION, ANY SUCH ASSIGNING, TRANSFERRING, SHAR-
ING, OR CONSOLIDATING OF POWERS, DUTIES, FUNCTIONS OR ACTIVITIES SHALL
NOT BE AUTHORIZED WHERE IT WOULD IMPAIR ANY RIGHTS AND REMEDIES OF ANY
HOLDERS OF NOTES, BONDS OR OTHER OBLIGATIONS ISSUED BY THE AUTHORITY,
ITS SUBSIDIARIES, OR AFFILIATES OR THEIR SUBSIDIARIES.
6. SUCH TRANSFERS SHALL BE SUBJECT TO SECTION SEVENTY OF THE CIVIL
SERVICE LAW; OR, WHERE NOT SUBJECT TO CIVIL SERVICE, THE PROVISIONS OF
SUCH SECTION SEVENTY SHALL BE DEEMED APPLICABLE, EXCEPT WHERE THE
CONTEXT CLEARLY REQUIRES OTHERWISE. ANY SUCH EMPLOYEE WHO, AT THE TIME
S. 5555 17
OF SUCH TRANSFER, HAS A TEMPORARY OR PROVISIONAL APPOINTMENT SHALL BE
TRANSFERRED SUBJECT TO THE SAME RIGHT OF REMOVAL, EXAMINATION OR TERMI-
NATION AS THOUGH SUCH TRANSFER HAD NOT BEEN MADE EXCEPT TO THE EXTENT
SUCH RIGHTS ARE MODIFIED BY A COLLECTIVE BARGAINING AGREEMENT.
7. A TRANSFERRED EMPLOYEE SHALL REMAIN IN THE SAME COLLECTIVE BARGAIN-
ING UNIT AS WAS THE CASE PRIOR TO HIS OR HER TRANSFER; SUCCESSOR EMPLOY-
EES TO THE POSITIONS HELD BY SUCH TRANSFERRED EMPLOYEES SHALL, CONSIST-
ENT WITH THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, BE
INCLUDED IN THE SAME UNIT AS THEIR PREDECESSORS. EMPLOYEES, OTHER THAN
MANAGERIAL OR CONFIDENTIAL PERSONS (AS DEFINED IN ARTICLE FOURTEEN OF
THE CIVIL SERVICE LAW), SERVING IN POSITIONS IN NEWLY CREATED TITLES
SHALL BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT. NOTHING CONTAINED
IN THIS SECTION SHALL BE CONSTRUED TO AFFECT:
(A) THE RIGHTS OF EMPLOYEES PURSUANT TO A COLLECTIVE BARGAINING AGREE-
MENT;
(B) THE REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS OR
THE BARGAINING RELATIONSHIPS BETWEEN THE STATE AND AN EMPLOYEE ORGANIZA-
TION; OR
(C) EXISTING LAW WITH RESPECT TO AN APPLICATION TO THE PUBLIC EMPLOY-
MENT RELATIONS BOARD, PROVIDED, HOWEVER, THAT THE MERGER OF SUCH NEGOTI-
ATING UNITS OF EMPLOYEES SHALL BE EFFECTED ONLY WITH THE CONSENT OF THE
RECOGNIZED AND CERTIFIED REPRESENTATIVES OF SUCH UNITS AND OF THE
AUTHORITY.
8. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY,
ALL LAWFUL APPOINTEES HOLDING POSITIONS WHICH HEREINBEFORE WERE SUBJECT
TO THE CIVIL SERVICE LAW AND ARE TRANSFERRED TO THE AUTHORITY SHALL
CONTINUE TO HOLD THEIR POSITIONS WITHOUT FURTHER EXAMINATION OR QUALI-
FICATIONS.
§ 20. Section 1266-i of the public authorities law is REPEALED.
§ 21. Section 1266-j of the public authorities law is REPEALED.
§ 22. Section 1266-k of the public authorities law is REPEALED.
§ 23. Section 1267 of the public authorities law is REPEALED.
§ 24. Section 1267-a of the public authorities law is REPEALED.
§ 25. Section 1267-b of the public authorities law is REPEALED.
§ 26. Section 1268 of the public authorities law is REPEALED.
§ 27. Subdivisions 1-a and 12 of section 1269 of the public authori-
ties law are REPEALED.
§ 28. Subdivisions 1, 3, 4, 6 and 9 of section 1269 of the public
authorities law, as amended by section 27 of part O of chapter 61 of the
laws of 2000, are amended to read as follows:
1. (a) The authority shall ONLY have power [and is hereby authorized
from time to time] to issue its bonds, notes and other obligations in
such principal amount as[, in the opinion of the authority, shall be
necessary, convenient or desirable to effectuate any of its powers and
purposes, including to provide sufficient funds for achieving its
purposes, including the acquisition, establishment, construction, effec-
tuation, operation, maintenance, renovation, improvement, extension,
rehabilitation or repair of any transportation facility, the payment of
principal, redemption premium and interest on bonds, notes and other
obligations of the authority, establishment of reserves to secure such
bonds notes and other obligations, the provision of working capital and
all other expenditures of the authority and its subsidiary corporations,
and New York city transit authority and its subsidiary corporations
incident to and necessary or convenient to carry out their purposes and
powers] ALREADY AUTHORIZED BY THE 2015-2019 CAPITAL PROGRAM. Such
bonds, notes or other obligations may be issued for an individual trans-
S. 5555 18
portation facility or issued on a consolidated basis for such groups or
classes of facilities and projects as the authority in its discretion
deems appropriate and be payable from and secured separately or on a
consolidated basis by, among other things, all or any portion of such
revenues and other monies and assets of the authority [and its subsid-
iary corporations, and New York city transit authority and its subsid-
iary corporations as the authority determines in accordance with the
provisions of section twelve hundred seventy-d of this title];
(b) [The authority shall have power, from time to time, to issue
renewal notes, to issue bonds to refund, redeem or otherwise pay,
including by purchase or tender, notes of the authority and its subsid-
iary corporations, and New York city transit authority and its subsid-
iary corporations and whenever it deems refunding, redemption or payment
expedient, to refund, redeem or otherwise pay, including by purchase or
tender, any bonds of the authority and its subsidiary corporations, New
York city transit authority and its subsidiary corporations and Tribor-
ough bridge and tunnel authority by the issuance of new bonds, whether
the bonds to be refunded, redeemed or otherwise paid have or have not
matured, and to issue bonds partly for such purpose and partly for any
other purpose and to otherwise refund, redeem, acquire by purchase or
tender, or in any other way repay any outstanding notes, bonds or other
obligations of the authority, any of its subsidiary corporations, New
York city transit authority, any of its subsidiary corporations and
Triborough bridge and tunnel authority;
(c)] Every issue of its notes, bonds or other obligations shall be
general obligations or special obligations. Every issue of general obli-
gations of the authority shall be payable out of any revenues or monies
of the authority, subject only to any agreements with the holders of
particular notes or bonds pledging any particular receipts or revenues.
Every issue of special obligations shall be payable out of any revenues,
receipts, monies or other assets of the authority [and its subsidiary
corporations, the New York city transit authority and its subsidiary
corporations and the Triborough bridge and tunnel authority] identified
for such purposes in accordance with agreements with the holders of
particular notes, bonds or other obligations. [The authority may issue
transportation revenue special obligation bonds, notes or other obli-
gations as provided in section twelve hundred seventy-d of this title];
3. Any resolution or resolutions authorizing any notes, bonds or any
issue thereof, or any other obligations of the authority, may contain
provisions, which shall be a part of the contract with the holders ther-
eof, as to:
(a) pledging all or any part of the revenues of the authority [or of
any of its subsidiary corporations or New York city transit authority or
any of its subsidiary corporations or Triborough bridge and tunnel
authority] to secure the payment of the notes or bonds or of any issue
thereof, or any other obligations of the authority, subject to such
applicable agreements with bondholders, noteholders, or holders of other
obligations of the authority, [the New York city transit authority and
its subsidiary corporations, and Triborough bridge and tunnel authority]
THE BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, OR THE COMMUTER
TRANSPORTATION AUTHORITY as may then exist;
(b) [pledging all or any part of the assets of the authority or of any
of its subsidiary corporations or New York city transit authority or any
of its subsidiary corporations or Triborough bridge and tunnel authority
to secure the payment of the notes or bonds or of any issue of notes or
bonds, or any other obligations of the authority, subject to such agree-
S. 5555 19
ments with noteholders, bondholders, or holders of other obligations of
the authority, the New York city transit authority and its subsidiary
corporations, and Triborough bridge and tunnel authority as may then
exist;
(c)] the use and disposition of revenues, including fares, tolls,
rentals, rates, charges and other fees, made or received by the authori-
ty, any of its subsidiary corporations, [New York city transit authority
or any of its subsidiary corporations, or Triborough bridge and tunnel
authority] THE BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, AND THE
COMMUTER TRANSPORTATION AUTHORITY;
[(d)] (C) the setting aside of reserves or sinking funds and the regu-
lation and disposition thereof;
[(e)] (D) limitations on the purpose to which the proceeds of sale of
notes, bonds or other obligations of the authority may be applied and
pledging such proceeds to secure the payment of the notes or bonds or of
any issue thereof or of other obligations;
[(f)] (E) limitations on the issuance of additional notes, bonds or
other obligations of the authority; the terms upon which additional
notes, bonds or other obligations of the authority may be issued and
secured; the refunding of outstanding or other notes, bonds or other
obligations of the authority;
[(g)] (F) the procedure, if any, by which the terms of any contract
with noteholders, bondholders, or holders of other obligations of the
authority, may be amended or abrogated, the amount of notes, bonds or
other obligations of the authority the holders of which must consent
thereto, and the manner in which such consent may be given;
[(h)] (G) limitations on the amount of monies to be expended by the
authority [or any of its subsidiary corporations or New York city trans-
it authority or any of its subsidiary corporations or Triborough bridge
and tunnel authority for operating, administrative or other expenses of
the authority or any of its subsidiary corporations or New York city
transit authority or any of its subsidiary corporations or Triborough
bridge and tunnel authority];
[(i)] (H) vesting in a trustee or trustees such property, rights,
powers and duties in trust as the authority may determine, which may
include any or all of the rights, powers and duties of the trustee
appointed by the bondholders, noteholders or holders of other obli-
gations of the authority pursuant to this title, and limiting or abro-
gating the right of the bondholders, noteholders or holders of other
obligations of the authority to appoint a trustee under this article or
limiting the rights, powers and duties of such trustee;
[(j)] (I) any other matters, of like or different character, which in
any way affect the security or protection of the notes, bonds or other
obligations of the authority.
4. In addition to the powers herein conferred upon the authority to
secure its notes, bonds and other obligations, the authority shall have
power in connection with the issuance of notes, bonds and other obli-
gations to enter into such agreements as the authority may deem neces-
sary, convenient or desirable concerning the use or disposition of the
monies or property of [any of] the authority[, its subsidiary corpo-
rations, New York city transit authority, or any of its subsidiary
corporations, or Triborough bridge and tunnel authority], including the
mortgaging of any such property and the entrusting, pledging or creation
of any other security interest in any such monies or property and the
doing of any act (including refraining from doing any act) which the
authority would have the right to do in the absence of such agreements.
S. 5555 20
The authority shall have power to enter into amendments of any such
agreements within the powers granted to the authority by this title and
to perform such agreements. The provisions of any such agreements may be
made a part of the contract with the holders of the notes, bonds and
other obligations of the authority.
6. Neither the members of the authority, [the New York city transit
authority or the Triborough bridge and tunnel authority] THE BIG APPLE
TRANSIT AUTHORITY OR ANY OF ITS AFFILIATES, OR THE COMMUTER TRANSPORTA-
TION AUTHORITY nor any person executing the notes, bonds or other obli-
gations shall be liable personally on the notes, bonds or other obli-
gations or be subject to any personal liability or accountability by
reason of the issuance thereof.
9. So long as the authority has outstanding any bonds, notes or other
obligations issued pursuant to this section or any bonds, notes or other
obligations issued or incurred pursuant to THE FORMER section twelve
hundred sixty-six-c of this title, none of the authority or any of its
subsidiary corporations, New York city transit authority or any of its
subsidiary corporations, or Triborough bridge and tunnel authority shall
have the authority to file a voluntary petition under chapter nine of
the federal bankruptcy code or such corresponding chapter, chapters or
sections as may, from time to time, be in effect, and neither any public
officer nor any organization, entity or other person shall authorize the
authority or any of its subsidiary corporations, New York city transit
authority or any of its subsidiary corporations, or Triborough bridge
and tunnel authority to be or become a debtor under chapter nine or said
corresponding chapter, chapters or sections of the federal bankruptcy
code during any such period.
§ 29. Section 1269-a of the public authorities law is REPEALED.
§ 30. Section 1269-b of the public authorities law is REPEALED.
§ 31. Section 1269-c of the public authorities law is REPEALED.
§ 32. Section 1269-d of the public authorities law is REPEALED.
§ 33. Section 1269-f of the public authorities law is REPEALED.
§ 34. Section 1269-g of the public authorities law is REPEALED.
§ 35. Subdivisions 2 and 3 and paragraphs (a), (d) and (e) of subdivi-
sion 4 of section 1270-a of the public authorities law, subdivisions 2
and 3 and paragraphs (a) and (d) of subdivision 4 as amended by section
29 of part O of chapter 61 of the laws of 2000, and paragraph (e) of
subdivision 4 as amended by section 7 of part FF of chapter 58 of the
laws of 2019, are amended to read as follows:
2. Moneys in the transit account [may be pledged to the Triborough
bridge and tunnel authority to secure bonds and notes and, if so
pledged,]IF ALREADY PLEDGED PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN-
TY-TWO, shall be paid to the Triborough bridge and tunnel authority in
such amounts and at such times as necessary to pay or to reimburse that
authority for its payment of debt service and reserve requirements on
that portion of special Triborough bridge and tunnel authority bonds and
notes issued by that authority pursuant to section five hundred fifty-
three-d of this chapter for transit projects undertaken for the New York
city transit authority and its subsidiaries. Subject to the provisions
of such pledge, any excess monies, or in the event there is no such
pledge, any moneys in such account shall, at the direction of the
[metropolitan transportation] BIG APPLE TRANSIT authority, be (a) depos-
ited into one or more funds or accounts and used as contemplated by
section [twelve hundred seventy-d] THIRTEEN HUNDRED FORTY-NINE-DD of
this [title] CHAPTER or (b) used for the payment of operating and capi-
S. 5555 21
tal costs of the New York city transit authority and its subsidiaries
and the Staten Island rapid transit operating authority.
3. The authority shall transfer in nineteen hundred eighty-seven up to
twenty million dollars of the moneys in the commuter railroad account to
the suburban transportation fund in accordance with the terms of an
agreement between the authority and the department of transportation
with respect thereto, established herein, and pursuant to section eight-
y-eight-b of the state finance law. In subsequent years the authority
shall transfer twenty million dollars of the moneys in the commuter
railroad account to the suburban transportation fund in accordance with
the terms of an agreement between the authority and the department of
transportation with respect thereto, established herein, and pursuant to
section eighty-eight-b of the state finance law.
In the event the transfer to the suburban transportation fund provided
pursuant to this subdivision results in an operating deficit, as certi-
fied by the director of the division of the budget, in consultation with
the authority, that portion of the deficit attributable to such transfer
shall be appropriated from the general fund to the authority for commu-
ter railroad operating purposes, provided, however, that such appropri-
ation shall not exceed twenty million dollars.
The remaining moneys in the commuter railroad account [may be pledged
to the Triborough bridge and tunnel authority to secure bonds and notes
and, if so pledged] IF ALREADY PLEDGED PRIOR TO JANUARY FIRST, TWO THOU-
SAND TWENTY-TWO, shall be paid to the Triborough bridge and tunnel
authority in such amounts and at such times as necessary to pay or to
reimburse that authority for its payment of debt service and reserve
requirements on that portion of special Triborough bridge and tunnel
authority bonds and notes issued by that authority pursuant to section
five hundred fifty-three-d of this chapter for transportation facilities
undertaken for the authority and its subsidiaries. Subject to the
provisions of any such pledge, any excess monies, or in the event there
is no such pledge, any moneys in such account shall[, at the direction
of the metropolitan transportation authority, be (a) deposited into one
or more funds or accounts and used as contemplated by section twelve
hundred seventy-d of this title or, (b)] BE used for payment of operat-
ing and capital costs of the Long Island Rail Road company and the
Metro-North commuter railroad company.
(a) Moneys in the corporate transportation account shall first be used
for payments to the metropolitan transportation authority Dutchess,
Orange and Rockland fund established by section twelve hundred seventy-b
of this title. The remaining moneys in the corporate transportation
account [may be pledged by the authority, or pledged to the Triborough
bridge and tunnel authority, to secure bonds, notes or other obligations
of the authority or the Triborough bridge and tunnel authority, as the
case may be, and, if so pledged], IF ALREADY PLEDGED to the Triborough
bridge and tunnel authority PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN-
TY-TWO, shall be paid to the Triborough bridge and tunnel authority in
such amounts and at such times as necessary to pay or to reimburse that
authority for its payment of debt service and reserve requirements, if
any, on that portion of special Triborough bridge and tunnel authority
bonds and notes issued by that authority pursuant to section five
hundred fifty-three-d of this chapter. Subject to the provisions of any
such pledge, or in the event there is no such pledge, any excess moneys
in the corporate transportation account [may] SHALL be [used by the
authority for payment of operating costs of, and capital costs, includ-
ing debt service and reserve requirements, if any, of or for the author-
S. 5555 22
ity,] TRANSFERRED TO the [New York city transit authority and their
subsidiaries as the authority shall determine] BIG APPLE TRANSIT AUTHOR-
ITY.
(d) (1) In the event the county of Dutchess, the county of Orange or
the county of Rockland withdraws from the metropolitan transportation
district, the authority shall not transfer from the corporate transpor-
tation account to the metropolitan transportation authority Dutchess,
Orange and Rockland fund that portion of the moneys that would otherwise
be transferred from such account to such fund to the credit of such
withdrawing county or counties.
(2) For purposes of this subdivision, a county is deemed to have with-
drawn if a resolution is adopted and filed by the county legislature of
such county providing a public transportation plan pursuant to section
[twelve hundred seventy-nine-b] THIRTEEN HUNDRED FORTY-NINE-WWWWW of
this [title] CHAPTER.
(e) Notwithstanding the foregoing provisions of this subdivision, any
moneys in the corporate transportation account that are received by the
authority: (i) without appropriation pursuant to subdivision one of this
section, or (ii) pursuant to the provisions of section ninety-two-ff of
the state finance law [may be pledged by the authority, or pledged to
the Triborough bridge and tunnel authority, to secure bonds, notes or
other obligations of the authority or the Triborough bridge and tunnel
authority, as the case may be, and, if so pledged], IF ALREADY PLEDGED
to the Triborough bridge and tunnel authority PRIOR TO JANUARY FIRST,
TWO THOUSAND TWENTY-TWO, shall be paid to the Triborough bridge and
tunnel authority in such amounts and at such times as necessary to pay
or to reimburse that authority for its payment of debt service and
reserve requirements, if any, on that portion of special Triborough
bridge and tunnel authority bonds and notes issued by that authority
pursuant to section five hundred fifty-three-d of this chapter. Subject
to the provisions of any such pledge, or in the event there is no such
pledge, any moneys in the corporate transportation account received by
the authority: (i) without appropriation pursuant to subdivision one of
this section, or (ii) pursuant to the provisions of section ninety-two-
ff of the state finance law [may] SHALL be [used by the authority for
payment of operating costs of, and capital costs, including debt service
and reserve requirements, if any, of or for the authority,] TRANSFERRED
TO the [New York city transit authority and their subsidiaries as the
authority shall determine] BIG APPLE TRANSIT AUTHORITY. No moneys in the
corporate transportation account that are reserved by the authority: (i)
without appropriation pursuant to subdivision one of this section; or
(ii) pursuant to the provisions of section ninety-two-ff of the state
finance law may be used for making any payment to the Dutchess, Orange
and Rockland fund created by section twelve hundred seventy-b of this
title or considered in calculating the amounts required to be paid into
such fund.
§ 36. Subdivision 3 of section 1270-c of the public authorities law,
as amended by section 30 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
3. Moneys in the fund may be [(a) pledged by the authority to secure
and be applied to the payment of its bonds, notes or other obligations
specified by the authority and issued to finance (i) transit projects
undertaken for the New York city transit authority and its subsidiaries
and (ii) transportation facilities undertaken for the authority and its
subsidiaries and (b)] used for payment of operating costs, [and capital
costs,] including debt service, reserve requirements, if any, the
S. 5555 23
payment of amounts required under bond and note facilities or agreements
related thereto, the payment of federal government loans, security or
credit arrangements or other agreements related thereto, and the payment
of all costs related to such obligations, of or for the authority[, the
New York city transit authority and their subsidiaries as the authority
shall determine]. To the extent moneys in the fund have ALREADY been
pledged by the authority PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO
to secure and pay its bonds, notes or other obligations [as herein
provided], moneys deposited into the fund shall first be deposited into
the pledged amounts account to the extent necessary to satisfy the
requirements of any debt service or reserve requirements, if any, of the
resolution authorizing such bonds, notes or other obligations. After
satisfaction of such requirements of the resolution, or if the authority
has not so pledged the moneys in the fund, moneys deposited in the fund
shall be directly deposited into the operating and capital costs account
and, subject to the provisions of any resolutions of the authority not
secured by the pledged amounts account, transferred forthwith to or for
the benefit of the [New York city transit authority and its subsidiaries
and the Staten Island rapid transit operating authority] BIG APPLE TRAN-
SIT AUTHORITY (the "[TA] BAT") and to and for the benefit of the [Long
Island Rail Road company and the Metro-North commuter rail road company]
COMMUTER TRANSPORTATION AUTHORITY (the "[CRR] CTA") as provided in this
section.
Moneys in the operating and capital costs account which were deposited
in the fund pursuant to appropriation from moneys deposited in the dedi-
cated mass transportation trust fund for payment to the metropolitan
transportation authority dedicated tax fund pursuant to subdivision (d)
of section three hundred one-j of the tax law (the "remaining PBT
amount") shall be distributed by the authority as follows: an amount
equal to the debt service incurred in such calendar year as a result of
obligations issued and secured by moneys in the fund, to the extent such
debt service is to be paid from money deposited in the fund pursuant to
appropriation from moneys deposited in the dedicated mass transportation
trust fund for payment to the metropolitan transportation authority
dedicated tax fund pursuant to subdivision (d) of section three hundred
one-j of the tax law ("PBT debt service"), shall be added to the remain-
ing PBT amount. The sum of these figures shall then be allocated as
follows: eighty-five per centum of such sum shall be allocated to the
[TA] BAT and fifteen per centum of such sum shall be allocated to the
[CRR] CTA. The amounts so allocated shall then be reduced respectively
by the proportional amount of PBT debt service attributable to the
payments for transit projects undertaken for the [TA] BAT and transpor-
tation facility projects undertaken for the [CRR] CTA. The remaining
amounts shall constitute the respective distributable shares of the
remaining PBT amount and shall be distributed to or for the benefit of
the [TA] BAT and the [CRR] CTA.
Moneys in the operating and capital costs account which were deposited
in the fund pursuant to section eighty-eight-a of the state finance law
(the "remaining MMTOA amount") shall be distributed by the authority as
follows: an amount equal to the debt service incurred in such calendar
year as a result of obligations issued and secured by money in the fund,
to the extent such debt service is to be paid from money deposited in
the fund pursuant to section eighty-eight-a of the state finance law
("MMTOA debt service"), shall be added to the remaining MMTOA amount.
The sum of these figures shall then be allocated as follows: there shall
be allocated (i) to the [TA] BAT an amount of such sum which bears the
S. 5555 24
same proportion to such sum as the amount appropriated and paid during
such calendar year from the metropolitan mass transportation operating
assistance account to the authority for the operating expenses of the
[TA] BAT bears to the total amounts so appropriated and paid from such
operating assistance account during such calendar year to the [TA] BAT
and [CRR] CTA combined and (ii) to the [CRR] CTA an amount of such sum
which bears the same proportion to such sum as the amount appropriated
and paid during such calendar year from the metropolitan mass transpor-
tation operating assistance account to the [CRR] CTA bears to the total
amounts so appropriated and paid from such operating assistance account
during such calendar year to the [TA] BAT and [CRR] CTA combined. The
amounts so allocated shall then be reduced respectively by the propor-
tional amount of MMTOA debt service attributable to the payments for
transit projects undertaken for the [TA] BAT and transportation facility
projects undertaken for the [CRR] CTA. The remaining amounts shall
constitute the respective distributable shares of the remaining MMTOA
amount and shall be distributed to or for the benefit of the [TA] BAT
and the [CRR] CTA. In no event shall the authority utilize any measure
or calculation for determining such distributable shares other than the
formula prescribed herein nor shall the authority take any action which
would result in the use of such money which is different from or incon-
sistent with the use prescribed in this section.
To the extent that amounts described in the preceding two paragraphs
are distributed more frequently than annually, each such distribution
shall be made as nearly as may be practicable in accordance with the
allocations described above to the [TA] BAT and the [CRR] CTA. Within
thirty days after the end of each calendar year, the authority shall
certify to the director of the budget, the chairperson of the senate
finance committee and the chairperson of the assembly ways and means
committee, the amount of money deposited in the fund pursuant to appro-
priation from moneys deposited in the dedicated mass transportation
trust fund for payment to the metropolitan transportation authority
dedicated tax fund pursuant to subdivision (d) of section three hundred
one-j of the tax law and section eighty-eight-a of the state finance
law, the amounts expended from the pledged amounts account for the bene-
fit of the [TA] BAT and the [CRR] CTA, and the amounts of the remaining
PBT amount and the remaining MMTOA amount distributed during the prior
calendar year to the [TA] BAT and the [CRR] CTA and specifying in each
case the appropriation or appropriations which was the source of such
amounts.
§ 37. Section 1270-d of the public authorities law is REPEALED.
§ 38. Section 1270-g of the public authorities law, as added by
section 16 of part H of chapter 25 of the laws of 2009, is amended to
read as follows:
§ 1270-g. Regulation of certain authority expenditures. 1. The author-
ity shall implement policies as appropriate to minimize unwarranted
expenses and to protect against abuses in connection with (i) the grant-
ing of any privileges or benefits having financial value, other than
wage payments or expense reimbursements, to members or staff of the
authority, or any subsidiary or other authority created by the authori-
ty; and (ii) the full-time and part-time assignment and use of automo-
biles owned or leased by the authority, or any subsidiary or other
authority created by the authority, and the use by authority employees
and board members of livery vehicles, as defined in section one hundred
twenty-one-e of the vehicle and traffic law.
S. 5555 25
2. THE AUTHORITY'S TOTAL EXPENSES FOR ITS FIRST YEAR, NOT INCLUDING
PAYMENTS OF INTEREST OR PRINCIPAL ON BONDS AND NOTES AND OTHER OBLI-
GATIONS OF THE AUTHORITY ALREADY OUTSTANDING AS OF JANUARY FIRST, TWO
THOUSAND TWENTY-TWO, OR ALREADY AUTHORIZED BY THE 2015-2019 CAPITAL
PROGRAM, SHALL NOT EXCEED ONE HUNDRED TEN MILLION DOLLARS, AND IN SUBSE-
QUENT YEARS SHALL NOT EXCEED ONE PERCENT OF THE TOTAL OPERATING
EXPENSES, NOT INCLUDING CAPITAL EXPENDITURES OR PAYMENTS OF INTEREST OR
PRINCIPAL ON BONDS AND NOTES AND OTHER OBLIGATIONS, OF THE BIG APPLE
TRANSIT AUTHORITY IN THE PREVIOUS YEAR.
§ 39. Subdivision 3 of section 1270-h of the public authorities law,
as added by section 16 of part H of chapter 25 of the laws of 2009, is
amended to read as follows:
3. Moneys in the fund may be [(a) pledged by the authority to secure
and be applied to the payment of the bonds, notes or other obligations
of the authority issued on or after the effective date of this section
to finance capital projects of the authority and its subsidiaries and
the New York city transit authority and any subsidiaries; or (b)] used
for payment of [capital] OPERATING costs, including debt service,
reserve requirements, if any, the payment of amounts required under bond
and note facilities or agreements related thereto, the payment of feder-
al government loans, security or credit arrangements or other agreements
related thereto, and the payment of all costs related to such obli-
gations, of or for the authority, the New York city transit authority
and their subsidiaries as the authority shall determine. TO THE EXTENT
MONEYS IN THE FUND HAVE ALREADY BEEN PLEDGED BY THE AUTHORITY PRIOR TO
JANUARY FIRST, TWO THOUSAND TWENTY-TWO, TO SECURE AND PAY THE BONDS,
NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY ISSUED TO FINANCE CAPITAL
PROJECTS OF THE AUTHORITY AND ITS SUBSIDIARIES AND THE NEW YORK CITY
TRANSIT AUTHORITY AND ANY SUBSIDIARIES AS HEREIN PROVIDED, MONIES DEPOS-
ITED INTO THE FUND SHALL BE DEPOSITED TO THE EXTENT NECESSARY TO SATISFY
THE REQUIREMENTS OF ANY DEBT SERVICE OR RESERVE REQUIREMENTS, IF ANY, OF
THE RESOLUTION AUTHORIZING SUCH BONDS, NOTES OR OTHER OBLIGATIONS.
Subject to the provisions of any such pledge, or in the event there is
no such pledge, any excess moneys in this fund [may] SHALL be [used by
the authority for payment of operating costs of, and capital costs,
including debt service and reserve requirements, if any, of or for the
authority, the New York city transit authority and their subsidiaries as
the authority shall determine. To the extent moneys in the fund have
been pledged by the authority to secure and pay the bonds, notes or
other obligations of the authority issued to finance capital projects of
the authority and its subsidiaries and the New York city transit author-
ity and any subsidiaries as herein provided, monies deposited into the
fund shall be deposited to the extent necessary to satisfy the require-
ments of any debt service or reserve requirements, if any, of the resol-
ution authorizing such bonds, notes or other obligations] TRANSFERRED TO
THE BIG APPLE TRANSIT AUTHORITY.
§ 40. Subdivisions 2, 3 and 4 of section 1270-i of the public authori-
ties law, as added by section 4 of part NNN of chapter 59 of the laws of
2018, are amended to read as follows:
2. Moneys in the subway action plan account shall be used for the
exclusive purpose of funding the operating and capital costs of the
[metropolitan transportation authority's] New York city subway action
plan. Such funds may be used for infrastructure including construction,
reconstruction, reconditioning and preservation of transportation
systems, facilities and equipment, acquisition of property, and for
operating costs including personal services, non-personal services,
S. 5555 26
fringe benefits, and contractual services. Funds may also be used to pay
or to reimburse the authority for its payment of debt service and
reserve requirements on that portion of authority bonds and notes issued
by the authority for capital costs of the [metropolitan transportation
authority's] New York city subway action plan.
3. Moneys in the outer borough transportation account shall be used
for the exclusive purpose of funding the operating and capital costs of
[metropolitan transportation] THE BIG APPLE TRANSIT authority facili-
ties, equipment and services in the counties of Bronx, Kings, Queens and
Richmond, and any projects improving transportation connections from
such counties to New York [County] COUNTY. Such funds may be used for
infrastructure including construction, reconstruction, reconditioning
and preservation of transportation systems, facilities and equipment,
acquisition of property, and for operating costs including personal
services, non-personal services, fringe benefits, and contractual
services. Funds may also be used to fund a toll reduction program for
any crossings under the jurisdiction of the [metropolitan transporta-
tion] BIG APPLE TRANSIT authority [or its subsidiaries or] AND ITS
affiliates. Funds may also be used to pay or to reimburse the authority
for its payment of debt service and reserve requirements on that portion
of authority bonds and notes that have been issued by the authority
specifically for the authorized purpose of this account. Notwithstanding
any law to the contrary, final approval of the use of any funds paid
into the outer borough transportation account shall be [unanimously]
approved by [three members of the Metropolitan Transportation Authority
Capital Program Review Board, established pursuant to section twelve
hundred sixty-nine-a of this title so designated pursuant to this subdi-
vision. For purposes of such final approvals the three voting members
are: the member appointed upon recommendation by the temporary president
of the senate; the member appointed upon recommendation of speaker of
the assembly; and the member appointed by the governor] THE MAYOR OF NEW
YORK CITY.
4. Moneys in the general transportation account shall be used for
funding the operating and capital costs of the [metropolitan transporta-
tion] BIG APPLE TRANSIT authority. Such funds may be used for infras-
tructure including construction, reconstruction, reconditioning and
preservation of transportation systems, facilities and equipment, acqui-
sition of property, and for operating costs including personal services,
non-personal services, fringe benefits, and contractual services. Funds
may also be used to pay or to reimburse the authority for its payment of
debt service and reserve requirements on that portion of authority bonds
and notes that have been issued by the authority specifically for the
purposes of this account.
§ 41. Section 1271 of the public authorities law, as amended by
section 32 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 1271. Agreement of the state. The state does hereby pledge to and
agree with the authority and its subsidiaries, [New York city transit
authority and its subsidiaries, and Triborough bridge and tunnel author-
ity] THE BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, THE COMMUTER
TRANSPORTATION AUTHORITY, and the holders of any notes, bonds or other
obligations, including lease obligations, issued or incurred under this
title, that the state will not limit or alter the denial of authority
under subdivision nine of section twelve hundred sixty-nine of this
title, or the rights and powers vested in the authority and its subsid-
iaries, New York city transit authority and its subsidiaries, and
S. 5555 27
Triborough bridge and tunnel authority by this title to fulfill the
terms of any agreements made by any of them with the holders thereof, or
in any way impair the rights and remedies of such holders until such
notes, bonds or other obligations, including lease obligations, together
with the interest thereon, with interest on any unpaid installments of
interest, and all costs and expenses for which the authority or its
subsidiaries, New York city transit authority and its subsidiaries, and
Triborough bridge and tunnel authority is liable in connection with any
action or proceeding by or on behalf of such holders, are fully met and
discharged. The authority and its subsidiaries, New York city transit
authority and its subsidiaries, and Triborough bridge and tunnel author-
ity are each authorized to include this pledge and agreement of the
state in any agreement with the holders of such notes, bonds or other
obligations, including lease obligations.
§ 42. Section 1276-f of the public authorities law is REPEALED.
§ 43. Section 1277 of the public authorities law is REPEALED.
§ 44. Section 1277-a of the public authorities law, as amended by
section 33 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 1277-a. Transfer and receipt of surplus funds. Notwithstanding any
provision of this title or any other provision of law, general, special
or local, the authority [may from time to time transfer and pay over to
New York city transit authority or triborough bridge and tunnel authori-
ty all or any part of its surplus funds; and] may accept and use any
moneys transferred and paid over to it by [New York city transit] THE
BIG APPLE TRANSIT authority AND ITS AFFILIATES or [triborough bridge and
tunnel] THE COMMUTER TRANSPORTATION authority.
§ 45. Section 1279 of the public authorities law is REPEALED.
§ 46. Section 1279-a of the public authorities law is REPEALED.
§ 47. Section 1279-b of the public authorities law is REPEALED.
§ 48. Section 1279-c of the public authorities law is REPEALED.
§ 49. Section 1279-d of the public authorities law is REPEALED.
§ 50. Section 1279-e of the public authorities law is REPEALED.
§ 51. Section 1279-f of the public authorities law is REPEALED.
§ 52. Section 1279-g of the public authorities law is REPEALED.
§ 53. Section 1279-h of the public authorities law is REPEALED.
§ 54. Section 1279-l of the public authorities law is REPEALED.
§ 55. Subdivision 1 of section 17-b of the transportation law, as
amended chapter 84 of the laws of 1985, is amended to read as follows:
1. Notwithstanding the provisions of [subdivision eight of section
twelve hundred sixty-six and] subdivision seven of section twelve
hundred ninety-nine-f of the public authorities law or of subdivision
seventeen of section one hundred forty-two of this chapter, every trans-
portation authority and every other public transportation operator or
carrier receiving mass transportation operating assistance pursuant to
section eighteen-b of this [chapter] ARTICLE either directly from the
department [of transportation] or through a county or municipality
pursuant to said section, shall prepare and publicize a plan for trans-
portation safety, including but not limited to equipment maintenance
procedures, personnel safety training programs, accident reporting
systems, passenger safety practices and the persons responsible for the
implementation of such practices and programs. Every authority and every
other public transportation operator or carrier required herein to file
such a plan shall review such plan biennially and amend such plan if
amendments are necessary.
S. 5555 28
§ 56. Subdivision 17 of section 553 of the public authorities law, as
amended by section 4 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
17. To do all things necessary or convenient to carry out the powers
expressly given in this title and to assist and cooperate with the
metropolitan transportation authority to carry out the powers of the
metropolitan transportation authority in furtherance of the purposes and
powers of the authority as provided in this article, including, without
limitation, the transactions described in [sections twelve hundred
sixty-six-c,] SECTION twelve hundred sixty-nine[, and twelve hundred
seventy-d] of this chapter.
§ 57. Subdivisions 9 and 10 of section 553-e of the public authorities
law are REPEALED.
§ 58. Subdivisions 7 and 11 of section 553-e of the public authorities
law, subdivision 7 as added by chapter 314 of the laws of 1981 and
subdivision 11 as amended by chapter 929 of the laws of 1986, are
amended to read as follows:
7. The metropolitan transportation authority, the New York city trans-
it authority and the designated subsidiaries of each of them are each
hereby authorized (i) to request the authority to undertake any such
project; (ii) to acquire in its own name by gift, purchase or condemna-
tion, and, additionally, in the case of the metropolitan transportation
authority, by appropriation [pursuant to section twelve hundred sixty-
seven-a of this chapter], any real or personal property (or any interest
therein), which is needed or useful for or in connection with such
project, the provisions of any lease or other agreement with the city to
the contrary notwithstanding, and to surrender the use, occupancy,
control or possession of or to transfer the same, or of any other such
real or personal property (or any interest therein) which it owns, leas-
es, operates or controls, to the authority; (iii) to accept a transfer,
transfer back, lease or sublease of any such project or part thereof
upon its completion; (iv) to undertake any such project itself, or to
finance, through loans, leases or otherwise, any other person or entity,
public or private, to do so, in each case using funds granted by the
authority to pay all or any part of the costs thereof (such undertaking,
in the case of the New York city transit authority and its subsidiary,
the Manhattan and Bronx surface transit operating authority, being free
of any restriction set forth in subparagraph (ii) of paragraph b of
subdivision one of section twelve hundred three or in paragraph (c) of
subdivision five of section twelve hundred three-a of this chapter); and
(v) to make its agents, employees and facilities available to the
authority in connection therewith.
11. The aggregate principal amount of bonds and notes issued and
outstanding at any time to finance projects authorized by paragraphs
(m), (n), (o), (p) and (r) of subdivision nine of section five hundred
fifty-three of this title shall not exceed one billion one hundred
million dollars through December thirty-first, nineteen hundred eighty-
six and three billion two hundred million dollars thereafter, provided
however that such latter amount shall not exceed two billion two hundred
million dollars for all bonds and notes other than those issued pursuant
to section five hundred fifty-three-d of this title. This limitation
shall not include (i) bonds and notes issued to refund or otherwise
repay bonds or notes theretofore issued for such purposes, (ii) bonds
issued to fund any reasonably required debt service reserve fund for
bonds and notes, and (iii) an amount equal to any original issue
discount from the [prinicipal] PRINCIPAL amount of any bonds or notes
S. 5555 29
issued and then outstanding. From the proceeds of the bonds and notes
provided for in the first sentence of this subdivision, other than bonds
or notes authorized by section five hundred fifty-three-d of this title,
the authority shall not expend more than one billion three hundred twen-
ty million dollars for transit projects [as defined in section twelve
hundred sixty-six-c of this chapter] nor more than eight hundred eighty
million dollars for transportation facilities as such term is defined in
subdivision fourteen of section twelve hundred sixty-one of this chapter
other than marine or aviation facilities. For the purposes of this
subdivision, facilities under the jurisdiction of the Staten Island
rapid transit operating authority shall be considered transit projects.
§ 59. Subdivision 6 of section 1201 of the public authorities law, as
amended by section 11 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
6. The authority and its corporate existence shall continue until
terminated by law, provided however, that no such law shall take effect
so long as the authority or any of its subsidiaries, the metropolitan
transportation authority or the Triborough bridge and tunnel authority
shall have outstanding any notes or bonds or lease, sublease or other
contractual obligations issued or incurred pursuant to section twelve
hundred seven-m of this title or issued or incurred in connection with
the transfer of its interest in and the lease from the transferee of any
property furnished to it pursuant to chapter twelve of the laws of nine-
teen hundred seventy-nine or section fifteen of chapter three hundred
fourteen of the laws of nineteen hundred eighty-one[, or section twelve
hundred sixty-six-c or twelve hundred seventy-d of this article], unless
adequate provision has been made for the payment or satisfaction of such
outstanding notes, bonds, lease, sublease or other contractual obli-
gations.
§ 60. Subdivision 11 of section 1204 of the public authorities law, as
amended by section 14 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
11. To make or enter into contracts, agreements, deeds, leases,
conveyances or other instruments necessary or convenient, and to assist
and cooperate with the metropolitan transportation authority to carry
out the powers of the metropolitan transportation authority in further-
ance of the purposes and powers of the authority as provided in this
article, including, without limitation, the transactions described in
[sections twelve hundred sixty-six-c,] SECTION twelve hundred sixty-nine
[and twelve hundred seventy-d] of this article. This power shall include
the power to make contracts with other persons operating transit facili-
ties for combined fares for the use of such facilities and the transit
facilities operated by the authority and for the division of such fares,
and the power to make contracts for the transportation of the United
States mail or personal property.
§ 61. Subdivision 10 of section 1207-m of the public authorities law
is REPEALED.
§ 62. Subdivisions 1, 11 and 12 of section 1207-m of the public
authorities law, subdivision 1 as added by chapter 314 of the laws of
1981, subdivision 11 as amended by section 18 of part O of chapter 61 of
the laws of 2000 and subdivision 12 as added by chapter 929 of the laws
of 1986, are amended to read as follows:
1. [The term "transit project" as used in this section shall have the
meaning given to such term from time to time in section twelve hundred
sixty-six-c of this article.] The provisions of this section shall be
controlling and the authority and its subsidiaries shall have the powers
S. 5555 30
provided in this section notwithstanding any contrary provision of this
title or of local law or of any lease or other agreement with the city.
11. So long as the authority or any of its subsidiaries, or metropol-
itan transportation authority, shall have outstanding any notes, bonds,
lease, sublease or other contractual obligations authorized by this
section [or section twelve hundred sixty-six-c] or SECTION twelve
hundred sixty-nine of this article, or which have been issued or
incurred in connection with the transfer of the interest of any of them
in and the lease from the transferee of any property furnished pursuant
to chapter twelve of the laws of nineteen hundred seventy-nine or
section fifteen of chapter three hundred fourteen of the laws of nine-
teen hundred eighty-one, neither the authority nor any of its subsid-
iaries shall have the authority to file a voluntary petition under chap-
ter nine of the federal bankruptcy code, or such corresponding chapter,
chapters, or sections as may, from time to time, be in effect, and
neither any public officer nor any organization, entity or other person
shall authorize the authority or any of its subsidiaries to be or become
a debtor under said chapter nine or said corresponding chapter, chapters
or sections during any such period.
12. A project financed by the authority's issuance of its bonds, notes
or other obligations, pursuant to subdivision one-a of section twelve
hundred seven-b of this title shall be deemed to constitute a transit
project for the purposes of this section and any notes, bonds, lease,
sublease or other contractual obligations with respect to such project
shall, for purposes of this section, be deemed to have been authorized
by this section; provided, however, that such project shall not be
deemed to constitute part of any capital program plan [for the purposes
of section twelve hundred sixty-nine-b of this article] nor shall the
principal amounts of any bonds or notes, nor the capitalized value of
any lease, sublease, or other contractual obligation of the authority,
issued or entered into by the authority pursuant to such subdivision
one-a, be included in any computation pursuant to subdivision four of
this section.
§ 63. The opening paragraph of subdivision 4 and subdivisions 5 and 11
of section 1209 of the public authorities law, the opening paragraph of
subdivision 4 as added by chapter 430 of the laws of 1983, subdivision 5
as added by chapter 383 of the laws of 1985 and subdivision 11 as added
by chapter 929 of the laws of 1986, are amended to read as follows:
Notwithstanding the provisions of subdivision two of this section, a
contract for the purchase of omnibuses or components of omnibuses in
furtherance or implementation of a capital program plan [approved pursu-
ant to section twelve hundred sixty-nine-b of this article] may also be
awarded by the authority by negotiation without competitive bidding
provided the following standards and procedures are complied with:
5. (a) Notwithstanding that funds of the authority may be used there-
for, a contract for all or a portion of work involving the alteration,
expansion or rehabilitation of a passenger station may be awarded by the
authority, by negotiation without competitive bidding, to a private
entity or the designee of a private entity where the authority by vote
of not less than eleven of its members approves written findings that
such award is expected to permit the alteration, expansion or rehabili-
tation to be carried out in the most efficient and cost effective
manner, that such private entity has agreed to pay at least one million
dollars toward the cost of the work, that such payment represents not
less than fifty percent of the total cost of the work, and that the
authority has complied with the procedures provided in paragraph (b) of
S. 5555 31
this subdivision. Notwithstanding the foregoing, a contract for all or a
portion of work involving the alteration, expansion or rehabilitation of
the passenger station located at the western terminus of the forty-sec-
ond street shuttle may be awarded by the authority, by negotiation with-
out competitive bidding, to a private entity or the designee of a
private entity where the authority by vote of not less than eleven of
its members approves written findings that such award is expected to
permit the alteration, expansion or rehabilitation to be carried out in
the most efficient and cost effective manner, and that the authority has
complied with the procedures provided in paragraph (b) of this subdivi-
sion.
(b) Not less than fifteen days prior to the consideration by the board
of the authority of a contract to be let pursuant to this subdivision, a
notice shall be published in at least one newspaper of general circu-
lation. Such notice shall identify the parties to the proposed contract
and summarize its terms and conditions. Such notice shall also invite
written public comment concerning the proposed contract, including, to
the extent appropriate, the submission of alternatives for the authori-
ty's consideration. Such information shall be considered by the board of
authority prior to the approval of any contract proposed to be awarded
pursuant to this subdivision.
[(c) Any contract entered into pursuant to this subdivision shall
comply with the requirements of subdivision thirteen of section twelve
hundred sixty-six-c of this article.]
11. The authority shall compile a list of potential sources of
supplies, materials or equipment regularly purchased. The authority
shall, by resolution, set forth the procedures it has established to
identify new sources and to notify such new sources of the opportunity
to bid for contracts for the purchase of supplies, materials or equip-
ment. Such procedures shall include, but not be limited to: (a) adver-
tising in trade journals; (b) cooperation with federal, state and local
agencies within its area of operations; AND (c) publication in the state
register quarterly[; and (d) procedures established pursuant to subdivi-
sion thirteen of section twelve hundred sixty-six-c of this article].
§ 64. Subdivision 5 of section 1276-b of the public authorities law,
as added by section 17 of part H of chapter 25 of the laws of 2009, is
amended to read as follows:
5. Strategic operation plan. Financial information required to be
submitted by the authority [pursuant to paragraphs d and e of subdivi-
sion one of section twelve hundred sixty-nine-c of this title] shall be
presented in a format consistent with the budget and plan, in downloada-
ble, searchable format.
§ 65. Section 553-d of the public authorities law, as amended by
section 6 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 553-d. Special Triborough bridge and tunnel authority special obli-
gation bonds and notes. In addition to the powers contained elsewhere in
this title with respect to the projects authorized by paragraphs (m),
(n), (o), (p) and (r) of subdivision nine of section five hundred
fifty-three of this title, and subject to the application of the reven-
ues and other monies and assets of the authority [pursuant to section
twelve hundred seventy-d of this chapter], the authority may issue its
bonds and notes to finance such projects payable from and secured by all
or any part of the moneys received by the authority from the metropol-
itan transportation authority special assistance fund established under
section twelve hundred seventy-a of this chapter, provided however that
S. 5555 32
such bonds and notes may also be payable from and secured by any other
moneys, securities and funds designated by the authority as additional
security therefor. Debt service on bonds and notes issued by the author-
ity pursuant to this section which is paid or reimbursed from moneys
received by the authority from the metropolitan transportation authority
special assistance fund shall not be deemed to constitute debt service
incurred by the authority for purposes of subdivision three of section
twelve hundred nineteen-a of this chapter. Such bonds or notes shall be
issued in the manner provided in section five hundred sixty-one of this
title.
§ 66. This act shall take effect January 1, 2022, provided, however,
that the amendments to subdivision 12-a of section 1266 of the public
authorities law made by section eleven of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.
PART B
Section 1. Subdivisions 1 and 3 of section 1200 of the public authori-
ties law, as added by chapter 200 of the laws of 1953 and such section
as renumbered by chapter 914 of the laws of 1957, are amended and two
new subdivisions 4-a and 19 are added to read as follows:
1. "Authority." The corporation created by section [eighteen] TWELVE
hundred one of this title.
3. "Board of estimate." The FORMER board of estimate of the city.
4-A. "CITY COUNCIL." THE CITY COUNCIL OF NEW YORK.
19. "BIG APPLE TRANSIT AUTHORITY." THE CORPORATION CREATED BY SECTION
THIRTEEN HUNDRED FORTY-NINE OF THIS ARTICLE.
§ 2. Subdivisions 1, 2, 5 and 6 of section 1201 of the public authori-
ties law, subdivisions 1 and 5 as amended by chapter 929 of the laws of
1986, subdivision 2 as amended by chapter 506 of the laws of 2009, and
subdivision 6 as amended by section 11 of part O of chapter 61 of the
laws of 2000, are amended to read as follows:
1. A board, to be known as "New York City Transit Authority" is hereby
created. Such board shall be a body corporate and politic constituting a
public benefit corporation. It shall consist of seventeen members, all
serving ex officio. Those members shall be the persons who from time to
time shall hold the offices of chairman and members of [metropolitan
transportation] THE BIG APPLE TRANSIT authority.
2. The chairman of such board shall be the chairman of [metropolitan
transportation] THE BIG APPLE TRANSIT authority, serving ex officio,
and, provided that there is an executive director of the [metropolitan
transportation] BIG APPLE TRANSIT authority, the executive director of
the authority shall be the executive director of the [metropolitan
transportation] BIG APPLE TRANSIT authority, serving ex officio.
Notwithstanding any provision of law to the contrary, the chairman shall
be the chief executive officer of the authority and shall be responsible
for the discharge of the executive and administrative functions and
powers of the authority. The chairman and executive director, if any,
each shall be empowered to delegate his or her functions and powers to
one or more officers or employees designated by him or her.
5. A majority of the whole number of members of the authority then in
office shall constitute a quorum for the transaction of any business or
the exercise of any power of the authority. Except as otherwise speci-
fied in this title, for the transaction of any business or the exercise
of any power of the authority, the authority shall have the power to act
by a majority vote of the members present at any meeting at which a
S. 5555 33
quorum is in attendance. In the event of a tie vote the chairman shall
cast one additional vote. For the purposes of the voting and quorum
requirements of this subdivision, the voting and quorum requirements set
forth in subdivision three of section [twelve hundred sixty-three] THIR-
TEEN HUNDRED FORTY-NINE-C of this article and in any by-law of the
[metropolitan transportation] BIG APPLE TRANSIT authority adopted pursu-
ant to the provisions of such subdivision shall be applicable hereto.
6. The authority and its corporate existence shall continue until
terminated by law, provided however, that no such law shall take effect
so long as the authority [or any of its subsidiaries], THE BIG APPLE
TRANSIT AUTHORITY, the metropolitan transportation authority [or], the
Triborough bridge and tunnel authority, OR ANY OF THEIR RESPECTIVE
SUBSIDIARIES, shall have outstanding any notes or bonds or lease,
sublease or other contractual obligations issued or incurred pursuant to
section twelve hundred seven-m of this title or issued or incurred in
connection with the transfer of its interest in and the lease from the
transferee of any property furnished to it pursuant to chapter twelve of
the laws of nineteen hundred seventy-nine or section fifteen of chapter
three hundred fourteen of the laws of nineteen hundred eighty-one, or
section [twelve hundred sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J or
[twelve hundred seventy-d] THIRTEEN HUNDRED FORTY-NINE-DD of this arti-
cle, unless adequate provision has been made for the payment or satis-
faction of such outstanding notes, bonds, lease, sublease or other
contractual obligations.
§ 3. Section 1202 of the public authorities law, as added by chapter
200 of the laws of 1953, subdivision 1 as amended by section 12 of part
O of chapter 61 of the laws of 2000 and such section as renumbered by
chapter 914 of the laws of 1957, is amended to read as follows:
§ 1202. Purposes of the authority. 1. The purposes of the authority
shall be the acquisition of the transit facilities operated by the board
of transportation of the city, the operation of transit facilities in
accordance with the provisions of this title for the convenience and
safety of the public on a basis which will enable the operations there-
of, exclusive of capital costs, to be self-sustaining, and, in coordi-
nation with the [metropolitan transportation] BIG APPLE TRANSIT authori-
ty and the Triborough bridge and tunnel authority, the continuance,
further development and improvement of commuter transportation and other
services related thereto within the [metropolitan commuter transporta-
tion district] CITY OF NEW YORK and the development and implementation
of a unified mass transportation policy for such [district] CITY.
2. It is hereby found and declared that such purposes are in all
respects for the benefit of the people of the [state] CITY of New York
and the authority shall be regarded as performing a governmental func-
tion in carrying out its corporate purpose and in exercising the powers
granted by this title.
§ 4. Subparagraph (ii) of paragraph b of subdivision 1 of section 1203
of the public authorities law, as amended by chapter 717 of the laws of
1967, is amended to read as follows:
(ii) From and after March first, nineteen hundred sixty-eight, the
authority shall also have the right to incur capital costs of such
nature in its own name to the extent that capital funds are available to
it for expenditures of such nature pursuant to the provisions of section
twelve hundred nineteen-a of this [chapter] TITLE or of any other
provision of law, which capital costs shall not be payable by the city;
provided, however, that no project to be financed by the use of such
capital funds which is estimated by the authority to involve an expendi-
S. 5555 34
ture in excess of one million dollars shall be commenced unless the
mayor and the [board of estimate] CITY COUNCIL shall each have been
notified in writing by the authority of the intent of the authority to
undertake such project and of the nature thereof. No such project shall
be commenced if and to the extent that either the mayor or a majority in
voting power of the members of the [board of estimate] CITY COUNCIL
shall find that it is incompatible with sound planning for the develop-
ment or redevelopment of the city, provided such finding, together with
the reasons therefor, is set forth in a writing delivered to the author-
ity within thirty days of the receipt by the mayor or the [board of
estimate] CITY COUNCIL, as the case may be, of the notification of the
authority relating to such project. If any such project is not so disap-
proved, it may nevertheless not be commenced unless and until the city
shall have been given an opportunity to include the same in the capital
budget of the city for the first fiscal year of the city commencing not
less than six months after receipt of such notification. If and to the
extent that such project is included in such capital budget, the author-
ity may not thereafter incur capital costs for the same in its own name.
If or to the extent such project is not included in such capital budget,
the authority may incur capital costs for the same in its own name. The
operation of sections twenty, twenty-one and twenty-two of the rapid
transit law shall be suspended with respect to any project financed with
the capital funds referred to in this subparagraph.
§ 5. Paragraph (f) of subdivision 3, paragraph (c) of subdivision 5
and subdivision 8 of section 1203-a of the public authorities law, para-
graph (f) of subdivision 3 as amended by chapter 791 of the laws of 1962
and paragraph (c) of subdivision 5 as amended and subdivision 8 as added
by chapter 717 of the laws of 1967, are amended to read as follows:
(f) to operate omnibus lines on those routes in the city of New York
where on February twenty-eighth, nineteen hundred sixty-two, omnibus
lines were operated under franchises or temporary certificates of
convenience and necessity which have been revoked, terminated, rescinded
or condemned, or acquired by any other means, and to extend such routes
so as to provide the complete service operated on February twenty-
eighth, nineteen hundred sixty-two; and such operation, together with
the necessary extensions, shall be deemed to constitute operation over
approved routes with the same force and effect as if the said routes had
been duly approved by the [board of estimate] CITY COUNCIL of the city,
as provided by law; and to operate on such other routes as the [board]
COUNCIL may authorize by resolution adopted only after a public hearing
held after notice thereof, and of the proposed route, and the proposed
resolutions authorizing the same, have been published in full for at
least fifteen days, except Sundays and legal holidays, immediately prior
thereto in the City Record, and at least twice in two newspapers
published in the borough or boroughs affected, to be designated by the
board.
(c) capital costs not now charged by the transit authority as operat-
ing expenses shall be paid by the city; provided, however, that from and
after March first, nineteen hundred sixty-eight, the subsidiary corpo-
ration shall also have the right to incur capital costs in its own name
to the extent that capital funds are available to it pursuant to the
provisions of sections twelve hundred nineteen-a and twelve hundred
three-b of this [chapter] TITLE or of any other law, which capital costs
shall not be payable by the city; and provided, further, that no project
to be financed by the use of such capital funds which is estimated by
the subsidiary corporation to involve an expenditure in excess of one
S. 5555 35
million dollars shall be commenced unless the mayor and the [board of
estimate] CITY COUNCIL shall each have been notified in writing by the
subsidiary corporation of the intent of the subsidiary corporation to
undertake such project and of the nature thereof. No such project shall
be commenced if and to the extent that either the mayor or a majority in
voting power of the members of the [board of estimate] CITY COUNCIL
shall find that it is incompatible with sound planning for the develop-
ment or redevelopment of the city, provided such finding, together with
the reasons therefor, is set forth in a writing delivered to the subsid-
iary corporation within thirty days of the receipt by the mayor or the
[board of estimate] CITY COUNCIL, as the case may be, of the notifica-
tion of the subsidiary corporation relating to such project. Where the
city is required to pay the capital costs of the subsidiary corporation
pursuant to such agreement, serial bonds or capital notes may be issued
by the city, pursuant to the local finance law, to finance any such
costs. The subsidiary corporation shall submit timely requests for the
necessary capital funds to the city planning commission and the mayor of
the city;
8. From and after March first, nineteen hundred sixty-eight, no
substantial or general change in the levels of service furnished upon
the facilities of the subsidiary corporation shall be instituted except
upon not less than thirty days' written notice to the mayor and to the
[board of estimate] CITY COUNCIL.
§ 6. Section 1203-b of the public authorities law, as amended by
section 13 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 1203-b. Transfer of funds. The authority and its subsidiary corpo-
ration, the Manhattan and Bronx surface transit operating authority, may
each transfer to the other from time to time such available funds as
they may jointly determine to be necessary or desirable, including funds
accepted by the authority pursuant to the provisions of section twelve
hundred nineteen-a of this title. Subject to the rights of the holders
of any outstanding bonds, notes or other obligations of the authority,
THE BIG APPLE TRANSIT AUTHORITY, THE metropolitan transportation author-
ity and THE Triborough bridge and tunnel authority, and to facilitate
the efficient financial management of the authority, [its subsidiary
corporations] THE BIG APPLE TRANSIT AUTHORITY, THE metropolitan trans-
portation authority and its subsidiary corporations, and THE Triborough
bridge and tunnel authority (the "affiliated entities"), the authority
may, and shall at the direction of [metropolitan transportation] THE BIG
APPLE TRANSIT authority, transfer revenues, subsidies and other monies
or securities to one or more funds or accounts of another affiliated
entity for use by such other affiliated entity, provided at the time of
such transfer it is reasonably anticipated that the monies and securi-
ties so transferred will be reimbursed, repaid or otherwise provided for
by the end of the next succeeding calendar year if reimbursement or
repayment is required by law or by any agreement to which any of the
affected affiliated entities is subject. Any revenues of an affiliated
entity that are transferred to another affiliated entity, which transfer
was not authorized by a provision of law other than this section, shall
be considered to be required to be repaid to the affiliated entity which
was the source of such revenues by the end of the next succeeding calen-
dar year following such transfer.
§ 7. Subdivisions 11, 15 and 19 of section 1204 of the public authori-
ties law, subdivision 11 as amended by section 14 of part O of chapter
61 of the laws of 2000, subdivision 15 as amended by chapter 980 of the
S. 5555 36
laws of 1958 and subdivision 19 as added by section 15 of part O of
chapter 61 of the laws of 2000, are amended to read as follows:
11. To make or enter into contracts, agreements, deeds, leases,
conveyances or other instruments necessary or convenient, and to assist
and cooperate with the [metropolitan transportation] BIG APPLE TRANSIT
authority to carry out the powers of the [metropolitan transportation]
BIG APPLE TRANSIT authority in furtherance of the purposes and powers of
the authority as provided in this article, including, without limita-
tion, the transactions described in sections [twelve hundred
sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J, [twelve hundred sixty-nine]
THIRTEEN HUNDRED FORTY-NINE-U and [twelve hundred seventy-d] THIRTEEN
HUNDRED FORTY-NINE-DD of this article. This power shall include the
power to make contracts with other persons operating transit facilities
for combined fares for the use of such facilities and the transit facil-
ities operated by the authority and for the division of such fares, and
the power to make contracts for the transportation of the United States
mail or personal property.
15. To exercise all requisite and necessary authority to manage,
control and direct the maintenance and operation of transit facilities
transferred to it for the convenience and safety of the public with
power, in its discretion, to extend, modify, discontinue, curtail, or
change routes or methods of transportation where the convenience and
safety of the public would be served thereby or where existing routes or
methods are inefficient or uneconomical; provided, however, that (except
in cases of emergencies) at least thirty days prior to any proposed
modification, discontinuance, curtailment or change of any transit route
or method of transportation, the authority shall give notice of its
intention to the [board of estimate] CITY COUNCIL and shall, upon
request of such [board] COUNCIL within such period, conduct a public
hearing thereon.
19. To invest any funds, accounts or other monies not required for
immediate use or disbursement, at the discretion of the authority, in
any of the investments in which the [metropolitan transportation] BIG
APPLE TRANSIT authority is permitted to invest its monies pursuant to
subdivision four of section [twelve hundred sixty-five] THIRTEEN HUNDRED
FORTY-NINE-E of this article.
§ 8. Subdivision 4 of section 1205 of the public authorities law, as
added by chapter 717 of the laws of 1967, is amended to read as follows:
4. From and after March first, nineteen hundred sixty-eight, no
substantial or general change in the levels of service furnished upon
the rapid transit facilities or the omnibus line facilities of the
authority shall be instituted except upon not less than thirty days'
written notice to the mayor and to the [board of estimate] CITY COUNCIL.
§ 9. Section 1206-a of the public authorities law, as added by chapter
576 of the laws of 1972, is amended to read as follows:
§ 1206-a. Transit construction fund. In addition to the powers
provided elsewhere in this title, and to effectuate the purposes of the
transit construction fund act, constituting title [nine-a] NINE-A of
THIS article [five of this chapter], the authority or any subsidiary
may: (a) acquire and use any transit facility in accordance with the
terms and conditions of any sublease or other agreement with the transit
construction fund; (b) authorize the use by the transit construction
fund, either with or without compensation to the authority, of the
agents, employees and facilities of the authority; (c) make and execute
contracts, leases, subleases and all other instruments or agreements
deemed necessary or convenient including agreements with the [metropol-
S. 5555 37
itan transportation] BIG APPLE TRANSIT authority and the transit
construction fund; and (d) do any and all other things deemed necessary
or convenient.
§ 10. Subdivision 1-a of section 1207-b of the public authorities law,
as amended by section 16 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
1-a. The authority may also issue its bonds, notes or other obli-
gations in such principal amounts as shall be necessary to finance the
construction, purchase, lease or acquisition of, or an equity interest
in, an office building located or to be constructed in the borough of
Brooklyn in the city, provided that (i) all or a portion of such build-
ing is intended to be occupied by the authority and that the board
shall, by resolution, have made findings that the sum of the capitalized
value of all payments due from the authority under such bonds, notes or
other obligations (not including any amounts attributable to principal
repayment) together with any rent payments for the space in such build-
ing to be occupied by the authority and of all payments required of the
authority under any related agreement does not exceed the capitalized
value of those payments which would be made in a conventional commercial
lease transaction for comparable space with an unrelated party and (ii)
not more than an insubstantial portion of any real property so financed
with the proceeds of bonds, notes, or other obligations is utilized by
other than the New York city transit authority or its designated subsid-
iary. The term "capitalized value" for the purposes of this subdivision
shall be computed in the manner set forth in subdivision four of section
twelve hundred seven-m of this title. The [metropolitan transportation]
BIG APPLE TRANSIT authority is hereby additionally authorized from time
to time to issue bonds for the purposes of refunding, redeeming or
otherwise paying, including paying by purchase or tender, bonds issued
by the authority for such purposes and to secure such bonds in the
manner set forth in section [twelve hundred sixty-nine] THIRTEEN HUNDRED
FORTY-NINE-U of this article.
§ 11. Section 1207-i of the public authorities law, as amended by
section 17 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 1207-i. Rates of fare while bonds, notes and other obligations are
outstanding. Notwithstanding the provisions of section twelve hundred
five of this title or the provisions of any other law to the contrary,
so long as the authority shall have outstanding and unpaid bonds, notes
or other obligations issued pursuant to section twelve hundred seven-b
of this title, or the BIG APPLE TRANSIT AUTHORITY, OR THE metropolitan
transportation authority or THE Triborough bridge and tunnel authority
shall have outstanding and unpaid bonds, notes or other obligations
secured by or payable from, in whole or in part, the revenues, assets or
other monies of the authority or its subsidiary corporations, the
authority shall have the power at all times to fix or adjust the rate or
rates of fare to be charged for the use of any transit facility operated
by the authority as may, in the judgment of the board, be necessary to
produce sufficient revenues to pay, as the same shall become due, the
principal of and interest on such bonds, notes and other obligations of
the authority, THE BIG APPLE TRANSIT AUTHORITY, THE metropolitan trans-
portation authority and THE Triborough bridge and tunnel authority,
together with the maintenance of proper reserves therefor, in addition
to paying as the same shall become due the expenses of operation of the
authority. The authority, THE BIG APPLE TRANSIT AUTHORITY, THE metropol-
itan transportation authority and THE Triborough bridge and tunnel
S. 5555 38
authority, shall be authorized to contract with the holders of such
bonds notes and other obligations with respect to the exercise of the
power authorized by this section. In furtherance of the mandate of the
[metropolitan transportation] BIG APPLE TRANSIT authority to develop and
implement a unified mass transportation policy for the [metropolitan
commuter transportation district] CITY OF NEW YORK and the exercise of
its powers, including the power to issue notes, bonds and other obli-
gations secured in whole or in part by the revenues of the authority and
its subsidiaries, THE BIG APPLE TRANSIT AUTHORITY AND ITS SUBSIDIARIES,
THE metropolitan transportation authority and its subsidiaries, and the
Triborough bridge and tunnel authority, the authority shall join with
the [metropolitan transportation] BIG APPLE TRANSIT authority in
connection with the establishment, levy and collection of fares, tolls,
rentals, rates, charges and other fees for the transportation of passen-
gers on any transit facilities operated by authority and its subsid-
iaries, including any changes thereto.
§ 12. Subdivision 2 of section 1207-j of the public authorities law,
as added by chapter 655 of the laws of 1962, is amended to read as
follows:
2. The city, by resolution of the [board of estimate] CITY COUNCIL or
by instruments authorized by such resolution, and the authority shall be
authorized to enter into an agreement for the renewal and extension of
the existing agreement of lease between the city and the authority for
such term of years as shall be agreed upon and in any such renewal and
extension agreement the authority may agree to such limitations upon the
exercise of the powers conferred upon it by sections twelve hundred
seven-a through twelve hundred seven-i, inclusive, as the authority in
its discretion shall approve.
§ 13. Section 1207-m of the public authorities law, as added by chap-
ter 314 of the laws of 1981, subdivisions 2 and 8 as amended by chapter
988 of the laws of 1984, subparagraph (i) of paragraph (a) of subdivi-
sion 4 as amended by chapter 602 of the laws of 1984, paragraph (b) of
subdivision 7 as amended by chapter 558 of the laws of 1981, subdivision
11 as amended by section 18 of part O of chapter 61 of the laws of 2000
and subdivision 12 as added by chapter 929 of the laws of 1986, is
amended to read as follows:
§ 1207-m. Transit projects. 1. The term "transit project" as used in
this section shall have the meaning given to such term from time to time
in section [twelve hundred sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J of
this article. The provisions of this section shall be controlling and
the authority and its subsidiaries shall have the powers provided in
this section notwithstanding any contrary provision of this title or of
local law or of any lease or other agreement with the city.
2. (a) The authority is hereby authorized to request the [metropolitan
transportation] BIG APPLE TRANSIT authority to undertake any transit
project and the authority and its designated subsidiaries are each here-
by authorized (i) to enter into agreements with the [metropolitan trans-
portation] BIG APPLE TRANSIT authority concerning transit projects; (ii)
to acquire in its own name by gift, purchase or condemnation any real or
personal property (or any interest therein) which is needed or useful
for or in connection with such project, and to surrender the use, occu-
pancy, control or possession of or to transfer the same, or any other
such real or personal property (or any interest therein) which it owns,
leases, operates or controls, to the [metropolitan transportation] BIG
APPLE TRANSIT authority or its designee; (iii) to accept a transfer,
transfer back, lease or sublease of any such project or part thereof
S. 5555 39
upon its completion; and (iv) to make its agents, employees and facili-
ties available to the [metropolitan transportation] BIG APPLE TRANSIT
authority in connection therewith.
(b) The authority and its subsidiary corporation is each hereby
authorized to sell or transfer, without regard as to how or from whom
acquired, all or part of its interest in any equipment which is deemed
to be a mass commuting vehicle under the United States internal revenue
code or the regulations thereunder, including, without limitation, any
of the same obtained as transit projects or obtained from or financed
with money received from the Triborough bridge and tunnel authority, for
such consideration and on such terms or conditions as it may deem appro-
priate, and to obtain a lease from the transferee on such terms and
conditions and for such period as it may deem appropriate pursuant to
which it may operate, use, control or possess such mass commuting vehi-
cle in furtherance of the statutory purposes of the authority and its
subsidiaries, provided (i) such lease contains an option to the authori-
ty or its subsidiary corporation to repurchase its interest at the expi-
ration of the scheduled lease term for nominal consideration, and (ii)
the aggregate of the regularly scheduled rental payments which the
authority or its subsidiary corporation is obligated to make pursuant to
such lease during each twelve month period of the lease term shall not
exceed the aggregate amount receivable, whether by principal or inter-
est, by the authority or its subsidiary corporation from its transferee
during each such twelve month period. Without limitation of the forego-
ing, any lease entered into pursuant hereto may also contain provisions
requiring the authority or its subsidiary corporation to indemnify the
transferee for any loss resulting from the loss or destruction of any
mass commuting vehicle which is the subject of such lease, or any loss
arising out of any misrepresentation, act, or omission of the authority
or its subsidiary in connection with such lease, and requiring the
authority or its subsidiary corporation to undertake to replace, repair
or restore any such mass commuting vehicle, but such obligations shall
not be deemed regularly scheduled rental payments for purposes of the
preceding sentence. Rental payments and other payments or costs incurred
by the authority or its subsidiary corporation in discharge of its obli-
gations under any lease entered into as hereinabove provided shall not
be deemed capital costs for the purposes of section twelve hundred three
or twelve hundred three-a of this title, and the considerations received
by the authority or its subsidiary corporation in connection with any
transactions entered into pursuant to the authorization of this para-
graph may be expended free of any restriction set forth in subparagraph
(ii) of paragraph (b) of subdivision one of section twelve hundred three
or in paragraph (c) of subdivision five of section twelve hundred
three-a of this title.
(c) Neither the authority nor its subsidiary shall enter into any
transaction authorized by paragraph (b) of this subdivision unless the
following standards and procedures have been met:
(i) notice of intention to negotiate shall be published in at least
one newspaper of general circulation, and a copy thereof shall be mailed
to all parties who have requested notification from the authority or its
subsidiary to engage in transactions of this type. Such notice shall
describe the nature of the proposed transaction and the factors subject
to negotiation, which shall include, but not be limited to, the price to
be paid to the authority or its subsidiary;
S. 5555 40
(ii) the authority or its subsidiary shall negotiate with those
respondents whose response complies with the requirements set forth in
the notice;
(iii) the board of the authority or its subsidiary shall resolve on
the basis of particularized findings relevant to the factors negotiated
that such transaction will provide maximum available financial benefits,
consistent with other defined objectives and requirements.
(d) The authority and its subsidiary shall provide to the [governor,
the temporary president of the senate, the speaker of the assembly, the
minority leader of the senate and the minority leader of the assembly,]
MAYOR AND SPEAKER OF THE CITY COUNCIL notice of each lease entered into
pursuant to paragraph (b) of this subdivision and supporting documenta-
tion of compliance by the authority and its subsidiary with subpara-
graphs (i), (ii) and (iii) of paragraph (c) of this subdivision.
(e) Paragraphs (c) and (d) of this subdivision shall be of no force
and effect with respect to any lease transaction entered into pursuant
to a commitment approved prior to January first, nineteen hundred eight-
y-five by the board of the authority or its subsidiary or the board of
the metropolitan transportation authority.
3. The authority and its designated subsidiaries are hereby author-
ized, in connection with any transit project, to pay or agree to pay, in
a manner and on terms and conditions satisfactory to the [metropolitan
transportation] BIG APPLE TRANSIT authority, any portion of the costs to
the [metropolitan transportation] BIG APPLE TRANSIT authority of such
transit project and the financing thereof which is not paid to the
[metropolitan transportation] BIG APPLE TRANSIT authority from any
federal, state or local aid or assistance or from any other moneys made
available or payable to the [metropolitan transportation] BIG APPLE
TRANSIT authority by others for such project.
4. (a) Such agreements with the [metropolitan transportation] BIG
APPLE TRANSIT authority may, without limitation, contain provisions
obligating the authority or its designated subsidiary to:
(i) issue its notes or bonds, or execute and deliver its lease,
sublease and other such contractual obligations, in payment for a trans-
fer, lease or sublease of a transit project to any of them, provided,
however, that in no event shall the aggregate principal amount of all
notes and bonds together with the capitalized value of all lease,
sublease and other such contractual obligations, exceed the sum of one
billion six hundred million dollars, excluding from such limitation (A)
the principal amount of any bonds or notes of the authority to the
extent the amount thereof is paid, is payable or has been agreed to be
paid by the federal government or any agency or instrumentality thereof
to the authority or to the holders of such bonds or notes, (B) the prin-
cipal amount of any bonds or notes of the authority issued to refund or
otherwise repay other obligations issued for such transit projects, (C)
the principal amount of any bonds or notes and the capitalized value of
any lease, sublease or other such contractual obligation, to the extent
such obligations are paid or agreed to be paid, subject to annual appro-
priation, under service contracts issued by the state to the metropol-
itan transportation authority for the benefit of the authority or its
subsidiaries pursuant to the provisions of section sixteen of the trans-
portation systems assistance and financing act of 1981, or under any
similar contract of the metropolitan transportation authority or the
authority with any other governmental entity for the benefit of the
authority or its subsidiaries, (D) the principal amount of any bonds or
notes of the authority issued to the metropolitan transportation author-
S. 5555 41
ity OR TO THE BIG APPLE TRANSIT AUTHORITY in connection with the funding
of any debt service reserve fund required by any resolution of the
metropolitan transportation authority OR OF THE BIG APPLE TRANSIT
AUTHORITY pursuant to which special obligation bonds of that authority
to fund a transit project were issued, and (E) a principal amount of any
bonds or notes of the authority equal to the amount of any original
issue discount from the principal amount of the special obligation bonds
or notes issued by the metropolitan transportation authority OR BY THE
BIG APPLE TRANSIT AUTHORITY in connection with the financing of a trans-
it project by that authority;
(ii) give security for the payment of such notes, bonds, lease,
sublease or other contractual obligations, including a pledge of all or
any part of its revenues or other moneys, which pledge may contain
covenants with respect to the charging and fixing of fares, fees and
rentals, the use and disposition of such fares, fees, rentals and other
charges, and the setting aside of reserves therefrom.
(b) Such agreements, and any notes, bonds, lease, sublease or other
contractual obligations issued or entered into by the authority or its
designated subsidiary pursuant thereto, may, without limitation, also
contain provisions as to:
(i) limitations with respect to the use and disposition of transit
projects and with respect to any other transit facilities;
(ii) limitations on the issuance of additional bonds, notes, lease,
sublease or other contractual obligations, the terms upon which they may
be secured and the funding or refunding thereof;
(iii) with respect to bonds or notes, vesting in a trustee or trustees
such property rights, powers and duties in trust as it may determine,
which rights, powers and duties may include, but shall not be limited
to, those set forth in section twelve hundred seven-h of this title;
(iv) defining the acts or omissions to act which shall constitute a
default and providing rights and remedies in the event of default;
(v) any other matters, of like or different character, which in any
way affect the security or protection of the [metropolitan transporta-
tion] BIG APPLE TRANSIT authority or any lessor; and
(vi) consenting to the extending or assignment by the [metropolitan
transportation] BIG APPLE TRANSIT authority or by any lessor to the
holders of any of its bonds, notes or lease obligations of all of the
benefits and rights of the [metropolitan transportation] BIG APPLE TRAN-
SIT authority or of such lessor provided by any such agreement or other
instrument.
(c) The term "revenues" as used in this subdivision shall include all
those moneys referred to in section twelve hundred of this [article]
TITLE, as well as all operating subsidies provided by any public benefit
corporation or by any governmental entity, federal, state or local.
(d) The term "capitalized value" as used in this subdivision shall
mean the present value of all future payments required under a lease,
sublease and other such contractual obligation discounted at a rate of
interest determined on the basis of the net interest cost of the last
[metropolitan transportation] BIG APPLE TRANSIT authority's special
obligation bonds issued prior to the execution of any such lease,
sublease or other contractual obligation or, if no such bonds have been
issued, on the basis of the net interest cost of the last bonds issued
by the Triborough bridge and tunnel authority, issued in payment for the
transfer, lease or sublease of any such transit projects.
5. It is the intention hereof that, subject to such agreements with
bondholders or noteholders as may then exist, any pledge of revenues or
S. 5555 42
other moneys made by the authority or its subsidiaries shall be valid
and binding from the time when the pledge is made; that the revenues or
other moneys so pledged and thereafter received by the authority or its
subsidiaries shall immediately be subject to the lien of such pledge
without any physical delivery thereof or further act, and that the lien
of any such pledge shall be valid and binding as against all parties
having claims of any kind in tort, contract or otherwise against the
authority or its subsidiaries irrespective of whether such parties have
notice thereof. Neither the agreement nor any other instrument by which
a pledge is created need be recorded.
6. So long as the authority or any of its subsidiaries shall have any
outstanding and unpaid obligation in connection with a transit project,
the authority and such subsidiaries shall have the power at all times to
fix or adjust the rate or rates of fares, fees, rentals or other charges
to be charged for the use of their transit facilities as may, together
with all other lawfully available moneys, be necessary in their judgment
to produce sufficient revenues to pay such obligations as the same
become due, in addition to paying as the same shall become due expenses
of operation of the transit facilities and satisfying all other obli-
gations of the authority and such subsidiaries. No acts or activities
taken or proposed to be taken by the authority pursuant to this subdivi-
sion shall be deemed to be "actions" for the purposes or within the
meaning of article eight of the environmental conservation law.
7. (a) In connection with (i) the lease between the city and the
authority dated June first, nineteen hundred fifty-three, and (ii) the
lease between the city and the Manhattan and Bronx surface transit oper-
ating authority dated March twentieth, nineteen hundred sixty-two (such
leases, as heretofore supplemented, amended or renewed, and the tenan-
cies originally created thereby, being referred to in this section as
"the existing leases"), the city, acting either by the mayor alone or by
resolution of the [board of estimate] CITY COUNCIL, or by instruments
authorized by such resolution, and the authority are authorized to enter
into agreements for renewal or extension of the existing leases, or for
new leases, for such terms of years and upon such other terms and condi-
tions as the parties thereto shall agree and the [metropolitan transpor-
tation] BIG APPLE TRANSIT authority shall approve, provided that under
the terms thereof, the rights, privileges and obligations of the parties
are not inconsistent with the provisions of, or in derogation of the
powers of the authority all as provided in THIS title [nine of article
five of this chapter], and provided further that such agreements shall
in no way impair the rights or powers of the authority or the Manhattan
and Bronx surface transit operating authority to fulfill the terms of
any contract made by either of them with the holders of any of their
then outstanding bonds or notes, and such agreements shall provide that
such leases may not be terminated or permitted to expire or be amended
in any way inconsistent with the provisions of any agreement, bond,
note, lease, sublease or other contractual obligation given or made by
either of them in connection with a transit project. Neither the
provisions of section one hundred ninety-seven-c of the New York city
charter, relating to a uniform land use review procedure, nor the
provisions of any other local law of like or similar import shall apply
to the renewal or extension of the existing leases or to the making of
new leases as herein provided.
(b) Notwithstanding the provisions of any other law, general, special
or local, or the provisions of the existing leases, if either of the
agreements authorized by paragraph (a) [above] OF THIS SUBDIVISION is
S. 5555 43
not entered into, but a note, bond, lease, sublease or other contractual
obligation for a transit project has been issued or entered into, then
(i) no party to an existing lease may terminate the same, serve any
notice of termination pursuant thereto, exercise any option to terminate
reserved therein or permit the expiration thereof, (ii) the city shall
not in any way limit or disturb any right of the tenant to use, occupy,
control and possess any of the properties, facilities or revenues which
are the subject of such existing lease, and (iii) the city shall not
seek to enforce such existing lease in any way inconsistent with or
contrary to the manner in which such existing lease had been adminis-
tered prior to the enactment of this section or inconsistent with or
contrary to the interests of the [metropolitan transportation] BIG APPLE
TRANSIT authority or any lessor under any agreement, notes, bonds,
lease, sublease or other contractual obligations of the authority or any
of its subsidiaries issued or entered into in connection with a transit
project (and to the extent the provisions of such leases conflict at any
time or in any manner with the provisions of any such note, bond, lease,
sublease or other contractual obligation, the provisions of such note,
bond, lease, sublease or other contractual obligation shall be control-
ling and conflicting provisions of the leases with the city shall be
disregarded), unless prior thereto the city has satisfied all of such
outstanding notes, bonds or other contractual obligations and provided
for the termination of all such agreements, leases and subleases, all in
accordance with their terms. If and to the extent moneys are paid by
the city to the authority or its subsidiaries to satisfy their obli-
gations to the [metropolitan transportation] BIG APPLE TRANSIT authority
under such instruments, the authority and such subsidiaries shall remit
such moneys to the [metropolitan transportation] BIG APPLE TRANSIT
authority, which shall, in turn, apply the same to the satisfaction and
termination of its own notes, bonds and leases issued or entered into in
connection with a transit project in accordance with their terms.
(c) Upon termination or expiration of a new lease or of a renewed or
extended existing lease as permitted in paragraph (a) of this subdivi-
sion, or upon satisfaction of the requirements of paragraph (b) of this
subdivision, title to any real or personal property (or any interest
therein) constituting all or any part of a transit project then vested
in the authority or any of its subsidiaries or the [metropolitan trans-
portation] BIG APPLE TRANSIT authority pursuant to the provisions of
this chapter shall be transferred without further consideration or
payment to the city.
8. The state of New York does hereby pledge to and agree with the
authority and its subsidiaries, THE BIG APPLE TRANSIT AUTHORITY AND ITS
SUBSIDIARIES, and the metropolitan transportation authority and the
holders of bonds or notes or lease, sublease or other contractual obli-
gations issued by any of them in connection with a transit project or in
connection with the transfer of the interest of any of them in and the
lease from the transferee of any property furnished to it pursuant to
chapter twelve of the laws of nineteen hundred seventy-nine or section
fifteen of chapter three hundred fourteen of the laws of nineteen
hundred eighty-one, or in connection with any transaction entered into
pursuant to the authorization of paragraph (b) of subdivision two of
this section, that the state will not limit or alter the denial of
authority under subdivision eleven of this section, or the rights and
powers vested in the authority and its subsidiaries by this title to
fulfill the terms of any agreement made by any of them with THE BIG
APPLE TRANSIT AUTHORITY OR the metropolitan transportation authority or
S. 5555 44
with such holders, or in any way impair their rights and remedies until
such agreements, bonds, notes, and obligations, together with the inter-
est thereon and all costs and expenses in connection with any action or
proceedings by or on behalf of THE BIG APPLE TRANSIT AUTHORITY OR the
metropolitan transportation authority or such holders, are fully met and
discharged. The authority and its subsidiaries are each authorized to
include this pledge and the agreement of the state in any agreement with
the holders of such bonds or notes or lease, sublease or other obli-
gations and in any agreement with THE BIG APPLE TRANSIT AUTHORITY OR the
metropolitan transportation authority relating to a transit project
which may extend the same to the holders of its bonds, notes and lease
obligations.
9. The provisions of this section and of all agreements undertaken by
the authority or any of its subsidiaries in accordance therewith shall
in all respects be subject to the rights of the holders of any outstand-
ing bonds or notes of the authority and its subsidiaries.
10. In connection with the negotiation, award and implementation of
contracts of the authority relating to transit projects, the provisions
of [paragraphs (a), (b), (c) and (d) of subdivision] SUBDIVISIONS thir-
teen AND FOURTEEN of section [twelve hundred sixty-six-c] THIRTEEN
HUNDRED FORTY-NINE-J of this article shall apply to the authority as if
it were the "authority" referred to therein, and the [officer designated
by the metropolitan transportation authority pursuant to paragraph (e)
of such subdivision] DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOP-
MENT, ESTABLISHED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW,
shall perform the duties therein described with respect to such
contracts of the authority.
11. So long as the authority or any of its subsidiaries, THE BIG APPLE
TRANSIT AUTHORITY, or THE metropolitan transportation authority, shall
have outstanding any notes, bonds, lease, sublease or other contractual
obligations authorized by this section or section [twelve hundred
sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J or [twelve hundred sixty-
nine] THIRTEEN HUNDRED FORTY-NINE-U of this article, or which have been
issued or incurred in connection with the transfer of the interest of
any of them in and the lease from the transferee of any property
furnished pursuant to chapter twelve of the laws of nineteen hundred
seventy-nine or section fifteen of chapter three hundred fourteen of the
laws of nineteen hundred eighty-one, neither the authority nor any of
its subsidiaries shall have the authority to file a voluntary petition
under chapter nine of the federal bankruptcy code, or such corresponding
chapter, chapters, or sections as may, from time to time, be in effect,
and neither any public officer nor any organization, entity or other
person shall authorize the authority or any of its subsidiaries to be or
become a debtor under said chapter nine or said corresponding chapter,
chapters or sections during any such period.
12. A project financed by the authority's issuance of its bonds, notes
or other obligations, pursuant to subdivision [one-a] TWO of section
[twelve hundred seven-b] THIRTEEN HUNDRED FORTY-NINE-U of this title
shall be deemed to constitute a transit project for the purposes of this
section and any notes, bonds, lease, sublease or other contractual obli-
gations with respect to such project shall, for purposes of this
section, be deemed to have been authorized by this section; provided,
however, that such project shall not be deemed to constitute part of any
capital program plan for the purposes of section [twelve hundred sixty-
nine-b] THIRTEEN HUNDRED FORTY-NINE-V of this article nor shall the
principal amounts of any bonds or notes, nor the capitalized value of
S. 5555 45
any lease, sublease, or other contractual obligation of the authority,
issued or entered into by the authority pursuant to [such] subdivision
[one-a] TWO OF SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS TITLE, be
included in any computation pursuant to subdivision four of this
section.
§ 14. The opening paragraph of subdivision 4, paragraph (c) of subdi-
vision 5 and subdivision 11 of section 1209 of the public authorities
law, the opening paragraph of subdivision 4 as added by chapter 430 of
the laws of 1983, paragraph (c) of subdivision 5 as added by chapter 383
of the laws of 1985 and subdivision 11 as added by chapter 929 of the
laws of 1986, are amended to read as follows:
Notwithstanding the provisions of subdivision two of this section, a
contract for the purchase of omnibuses or components of omnibuses in
furtherance or implementation of a capital program plan approved pursu-
ant to section [twelve hundred sixty-nine-b] THIRTEEN HUNDRED FORTY-
NINE-V of this article may also be awarded by the authority by negoti-
ation without competitive bidding provided the following standards and
procedures are complied with:
(c) Any contract entered into pursuant to this subdivision shall
comply with the requirements of subdivision thirteen of section [twelve
hundred sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J of this article.
11. The authority shall compile a list of potential sources of
supplies, materials or equipment regularly purchased. The authority
shall, by resolution, set forth the procedures it has established to
identify new sources and to notify such new sources of the opportunity
to bid for contracts for the purchase of supplies, materials or equip-
ment. Such procedures shall include, but not be limited to: (a) adver-
tising in trade journals; (b) cooperation with federal, state and local
agencies within its area of operations; (c) publication in the state
register quarterly; and (d) procedures established pursuant to subdivi-
sion thirteen of section [twelve hundred sixty-six-c] THIRTEEN HUNDRED
FORTY-NINE-J of this article.
§ 15. Subdivision 3 and paragraphs b and i of subdivision 4 of section
1209-a of the public authorities law, as amended by chapter 460 of the
laws of 2015, are amended to read as follows:
3. Jurisdiction. The bureau shall have, with respect to acts or inci-
dents in or on the transit facilities of the authority committed by or
involving persons who are sixteen years of age or over, or with respect
to acts or incidents occurring on omnibuses owned or operated by the
[metropolitan transportation] BIG APPLE TRANSIT authority or a subsid-
iary thereof, and with respect to violation of toll collection regu-
lations of the [triborough] TRIBOROUGH bridge and tunnel authority as
described in section twenty-nine hundred eighty-five of this chapter,
non-exclusive jurisdiction over violations of: (a) the rules which may
from time to time be established by the authority under subdivision
five-a of section twelve hundred four of this [chapter] TITLE; (b) arti-
cle one hundred thirty-nine of the health code of the city of New York,
as it may be amended from time to time, relating to public transporta-
tion facilities; (c) article four of the noise control code of the city
of New York, as it may be amended from time to time, insofar as it
pertains to sound reproduction devices; (d) the rules and regulations
which may from time to time be established by the [triborough] TRIBOR-
OUGH bridge and tunnel authority in accordance with the provisions of
section twenty-nine hundred eighty-five of this chapter; and (e) rules
and regulations which may from time to time be established by the
[metropolitan transportation] BIG APPLE TRANSIT authority or a subsid-
S. 5555 46
iary thereof in accordance with the provisions of section [twelve
hundred sixty-six] THIRTEEN HUNDRED FORTY-NINE-H of this [chapter] ARTI-
CLE. Matters within the jurisdiction of the bureau except violations of
the rules and regulations of the [triborough] TRIBOROUGH bridge and
tunnel authority shall be known for purposes of this section as transit
infractions. Nothing herein shall be construed to divest jurisdiction
from any court now having jurisdiction over any criminal charge or traf-
fic infraction relating to any act committed in a transit or toll facil-
ity, or to impair the ability of a police officer to conduct a lawful
search of a person in a transit facility. The criminal court of the city
of New York shall continue to have jurisdiction over any criminal charge
or traffic infraction brought for violation of the rules of the authori-
ty, the [triborough] TRIBOROUGH bridge and tunnel authority or the
[metropolitan transportation] BIG APPLE TRANSIT authority or a subsid-
iary thereof, as well as jurisdiction relating to any act which may
constitute a crime or an offense under any law of the state of New York
or any municipality or political subdivision thereof and which may also
constitute a violation of such rules. The bureau shall have concurrent
jurisdiction with the environmental control board and the administrative
tribunal of the department of health over the aforesaid provisions of
the health code and noise control code of the city of New York.
b. To impose civil penalties not to exceed a total of one hundred
fifty dollars for any transit infraction within its jurisdiction, in
accordance with a penalty schedule established by the authority or the
[metropolitan transportation] BIG APPLE TRANSIT authority or a subsid-
iary thereof, as applicable, except that penalties for violations of the
health code of the city of New York shall be in accordance with the
penalties established for such violations by the board of health of the
city of New York, and penalties for violations of the noise code of the
city of New York shall be in accordance with the penalties established
for such violations by law, and civil penalties for violations of the
rules and regulations of the [triborough] TRIBOROUGH bridge and tunnel
authority shall be in accordance with the penalties established for such
violations by section twenty-nine hundred eighty-five of this chapter;
i. To accept payment of penalties and to remit same to the authority
or the [metropolitan transportation] BIG APPLE TRANSIT authority or a
subsidiary thereof, as applicable; and
§ 16. Section 1213 of the public authorities law, as amended by chap-
ter 838 of the laws of 1983, is amended to read as follows:
§ 1213. Report. Copies of the annual report required to be made and
submitted pursuant to section twenty-eight hundred of this chapter also
shall be submitted to the mayor, comptroller and [board of estimate]
CITY COUNCIL.
§ 17. Section 1219-a of the public authorities law, as amended by
section 19 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 1219-a. Transfer and receipt of surplus funds. 1. Notwithstanding
any provision of this title or any other provision of law, general,
special or local, the authority may from time to time transfer and pay
over to THE metropolitan transportation authority, THE BIG APPLE TRANSIT
AUTHORITY or [triborough] THE TRIBOROUGH bridge and tunnel authority all
or any part of its surplus funds; and may accept and use any moneys
transferred and paid over to it by THE metropolitan transportation
authority, THE BIG APPLE TRANSIT AUTHORITY or [triborough] THE TRIBOR-
OUGH bridge and tunnel authority.
S. 5555 47
2. Notwithstanding the provisions of [the preceding] subdivision ONE
of this section:
(a) If the city shall have provided in its capital budget for its
fiscal year beginning July first, nineteen hundred sixty-eight the
amount of one hundred million dollars, or such lesser amount as shall
have been requested by the authority for inclusion in such budget, for
the payment of the capital cost of projects requested by the authority
pursuant to section twelve hundred three of this title, then upon the
written request of the mayor made within thirty days after the commence-
ment of such fiscal year, [triborough] THE TRIBOROUGH bridge and tunnel
authority shall transfer to the authority, by lump sum payment or
installments at such time or times and in such amounts as the mayor
shall elect, all or such part of the surplus funds of [triborough] THE
TRIBOROUGH bridge and tunnel authority on hand as of the last day of its
last fiscal year ending prior to such request as the mayor shall speci-
fy, which funds shall be applied by the authority solely to the payment
of its expenses of operation. If the city shall have provided in its
capital budget for any of its next four fiscal years, commencing with
the fiscal year beginning July first, nineteen hundred sixty-nine, the
amount of one hundred million dollars, or such lesser amount as shall
have been requested by the authority for inclusion in such budget, for
the payment of the capital cost of projects requested by the authority
pursuant to section twelve hundred three of this title, then upon the
written request of the mayor made within thirty days after the commence-
ment of such fiscal year, [triborough] THE TRIBOROUGH bridge and tunnel
authority shall transfer to the authority solely for application to the
payment of expenses of operation of the authority the operating surplus
of [triborough] THE TRIBOROUGH bridge and tunnel authority for its last
fiscal year ending prior to such request, which transfer shall also be
by lump sum payment or installments at such time or times and in such
amounts as the mayor shall elect. Projects shall be eligible for inclu-
sion in a computation made hereunder only if included in a capital budg-
et on the first day of the fiscal year for which it is adopted. A
carry-over project shall not be eligible for inclusion unless it was
first included in a capital budget by way of an amendment thereto, in
which event it shall be eligible for inclusion in a computation made
hereunder with respect to the first fiscal year of the city commencing
after the adoption of the amendment.
(b) Promptly upon the making of the certification of its operating
surplus, if any, for its fiscal year ending December thirty-first, nine-
teen hundred seventy-two and for each of its subsequent fiscal years,
[triborough] THE TRIBOROUGH bridge and tunnel authority, at the direc-
tion of [metropolitan transportation] THE BIG APPLE TRANSIT authority,
shall transfer such operating surplus (1) to the [metropolitan transpor-
tation] BIG APPLE TRANSIT authority for deposit into one or more funds
or accounts to be used as contemplated by section [twelve hundred seven-
ty-d] THIRTEEN HUNDRED FORTY-NINE-DD of this article, or (2) to the
authority and the [metropolitan transportation] BIG APPLE TRANSIT
authority solely for application to the payment of the expenses of oper-
ation. [For purposes of determining the proportional allocation of the
operating surplus as between the authority and the metropolitan trans-
portation authority, the following formula shall apply: (i) twenty-four
million dollars plus fifty percentum of the balance of such operating
surplus shall be allocable to the authority, and (ii) the remainder
shall be allocable to metropolitan transportation authority on behalf of
S. 5555 48
the commuter railroads operated by it, by its subsidiary corporations or
by others under joint arrangements.]
(c) THE Triborough bridge and tunnel authority is authorized, at the
direction of the [metropolitan transportation] BIG APPLE TRANSIT author-
ity, from time to time to make advances from available funds on account
of the operating surplus it anticipates will or may be certified and
transferred as provided in this subdivision to (1) the [metropolitan
transportation] BIG APPLE TRANSIT authority for deposit into one or more
funds or accounts to be used as contemplated by section [twelve hundred
seventy-d] THIRTEEN HUNDRED FORTY-NINE-DD of this article, or (2) the
authority and the [metropolitan transportation] BIG APPLE TRANSIT
authority solely for application to the payment of the expenses of oper-
ation. In the event that advances so made in respect of any fiscal year
including the year in which the surpluses are being earned exceed the
amounts required to be transferred to the authority and [metropolitan
transportation] THE BIG APPLE TRANSIT authority pursuant to the
provisions of this subdivision, then the amount of any such excess shall
be refunded to [triborough] THE TRIBOROUGH bridge and tunnel authority
by the authority or [metropolitan transportation] THE BIG APPLE TRANSIT
authority, as the case may be, within thirty days of the making by
[triborough] THE TRIBOROUGH bridge and tunnel authority of its certif-
ication of operating surplus for such fiscal year.
(d) For the purposes of this subdivision, the existence and the amount
of surplus funds and operating surplus of [triborough] THE TRIBOROUGH
bridge and tunnel authority shall be determined in accordance with the
provisions of subdivision twelve of section five hundred fifty-three of
this chapter.
(e) THE Triborough bridge and tunnel authority shall certify to the
mayor and to the chairman of [metropolitan transportation] THE BIG APPLE
TRANSIT authority within ninety days after the end of its fiscal year
ending December thirty-first, nineteen hundred sixty-seven, and within
forty-five days after the end of each of its subsequent fiscal years,
the amount of its operating surplus for that year and, in the case of
the fiscal year ending December thirty-first, nineteen hundred sixty-
seven, the amount of all of its surplus funds on hand as of the last day
of such fiscal year.
(f) No transfer of funds shall be made to the authority pursuant to
any provision of this section at any time when there shall have been
pending and not acted upon by the mayor for ninety days any request of
the authority for permission to expend or contract to expend funds for a
project included in a capital budget for transit facility purposes.
There shall be excluded from such ninety-day period any time during
which the mayor is prevented from acting by order of court or by opera-
tion of law.
[3. Notwithstanding the preceding subdivisions of this section, for
purposes of determining the proportional allocation of the operating
surplus of the Triborough bridge and tunnel authority between the
authority and the metropolitan transportation authority the following
formula shall be used: An amount equal to the debt service incurred in
such year as a result of the bonds issued to provide facilities pursuant
to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of section
five hundred fifty-three of this chapter shall be added to the operating
surplus of the Triborough bridge and tunnel authority, as certified by
that authority. The sum of these figures shall then be allocated to the
authority and the commuter railroads operated by metropolitan transpor-
tation authority or by its subsidiary corporations, pursuant to the
S. 5555 49
formula contained in paragraph (b) of subdivision two of this section as
if this amount were the operating surplus of the Triborough bridge and
tunnel authority. The amounts so allocated to the authority and the
commuter railroads operated by metropolitan transportation authority or
by its subsidiary corporations, shall then be reduced respectively by
the proportional amount of the debt service, incurred in such year by
the Triborough bridge and tunnel authority pursuant to paragraphs (m),
(n), (o), (p) and (r) of subdivision nine of section five hundred
fifty-three of this chapter, reasonably attributable to the payments for
transit projects undertaken for the authority and its subsidiaries and
transportation facility projects undertaken for the commuter railroads
operated by the metropolitan transportation authority or by its subsid-
iary corporations. The remaining amounts shall constitute the respective
allocation of operating surplus for the authority and the commuter rail-
roads operated by the metropolitan transportation authority or by its
subsidiary corporations.]
§ 18. This act shall take effect January 1, 2022.
PART C
Section 1. Section 551 of the public authorities law is amended by
adding two new subdivisions 11 and 12 to read as follows:
11. THE TERM "BIG APPLE TRANSIT AUTHORITY" SHALL MEAN THE CORPORATION
CREATED BY TITLE ELEVEN-E OF THIS ARTICLE.
12. THE TERM "CITY COUNCIL" SHALL MEAN THE CITY COUNCIL OF THE CITY OF
NEW YORK.
§ 2. Subdivisions 1 and 2 of section 552 of the public authorities
law, subdivision 1 as amended by chapter 506 of the laws of 2009 and
subdivision 2 as amended by section 1 of part O of chapter 61 of the
laws of 2000, are amended to read as follows:
1. A board, to be known as "Triborough bridge and tunnel authority" is
hereby created. Such board shall be a body corporate and politic consti-
tuting a public benefit corporation. It shall consist of seventeen
members, all serving ex officio. Those members shall be the persons who
from time to time shall hold the offices of chairman and members of
[metropolitan transportation] THE BIG APPLE TRANSIT authority. The
chairman of such board shall be the chairman of [metropolitan transpor-
tation] THE BIG APPLE TRANSIT authority, serving ex officio, and,
provided that there is an executive director of the [metropolitan trans-
portation] BIG APPLE TRANSIT authority, the executive director of the
authority shall be the executive director of the [metropolitan transpor-
tation] BIG APPLE TRANSIT authority, serving ex officio. Notwithstanding
any provision of law to the contrary, the chairman shall be the chief
executive officer of the authority and shall be responsible for the
discharge of the executive and administrative functions and powers of
the authority. The chairman and executive director, if any, each shall
be empowered to delegate his or her functions and powers to the execu-
tive officer of the Triborough bridge and tunnel authority or to such
person as may succeed to the powers and duties of said executive offi-
cer. The chairman and other members of the board hereby created, and the
executive director, if any, shall not be entitled to compensation for
their services hereunder but shall be entitled to reimbursement for
their actual and necessary expenses incurred in the performance of their
official duties.
2. A majority of the whole number of members of the authority then in
office shall constitute a quorum for the transaction of any business or
S. 5555 50
the exercise of any power of the authority. Except as otherwise speci-
fied in this title for the transaction of any business or the exercise
of any power of the authority, the authority shall have the power to act
by a majority vote of the members present at any meeting at which a
quorum is in attendance and except further, that in the event of a tie
vote the chairman shall cast one additional vote. For the purposes of
the voting and quorum requirements of this subdivision, the voting and
quorum requirements set forth in [subdivision three of section twelve
hundred sixty-three] SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED
FORTY-NINE-C of this chapter and in any by-law of the [metropolitan
transportation] BIG APPLE TRANSIT authority adopted pursuant to the
provisions of such subdivision shall be applicable hereto. Such board
and its corporate existence shall continue only for a period of five
years and thereafter until all its liabilities have been met and its
bonds, notes and other obligations have been paid in full or such
liabilities or bonds, notes or other obligations have otherwise been
discharged, including bonds, notes or other obligations issued by the
metropolitan transportation authority that are payable in whole or in
part by revenues of the authority. When all liabilities incurred by the
authority of every kind and character have been met and all its bonds,
notes and other obligations have been paid in full, including bonds,
notes or other obligations issued by the metropolitan transportation
authority that are payable in whole or in part by revenues of the
authority, or such liabilities or bonds, notes or other obligations have
otherwise been discharged, all rights and properties of the authority
shall pass to and be vested in the city, except those rights and proper-
ties held by it relating to the convention center which shall pass to
and be vested in the state. The authority shall retain full jurisdiction
and control over all its projects, with the right and duty, subject to
the limitations of subdivision nine of section five hundred fifty-two-a
of this title, to charge tolls and collect revenues therefrom, for the
benefit of the holders of any of its bonds, notes or other obligations
or other liabilities, even if not issued or incurred in connection with
the project. Upon the authority's ceasing to exist all its remaining
rights and properties shall pass to the city, except those rights and
properties held by it relating to the convention center which shall pass
to the state.
§ 3. Paragraphs (k), (o), (p) and (r) of subdivision 9 and subdivi-
sions 4-a, 4-b, 7-a, 12, 13, 14, 17, 20 and 21 of section 553 of the
public authorities law, subdivision 4-a as added by chapter 954 of the
laws of 1946, subdivision 4-b as amended by section 2, subdivision 12 as
amended by section 3, subdivision 17 as amended by section 4 and subdi-
vision 21 as added by section 5 of part O of chapter 61 of the laws of
2000, subdivision 7-a as amended by section 7 of subpart B of part ZZZ
of chapter 59 of the laws of 2019, paragraph (k) of subdivision 9 as
added by chapter 806 of the laws of 1955, paragraphs (o) and (p) of
subdivision 9 as added by chapter 369 of the laws of 1979, paragraph (r)
of subdivision 9 as added by chapter 314 of the laws of 1981, subdivi-
sion 13 as amended by chapter 576 of the laws of 1964, subdivision 14 as
amended by chapter 874 of the laws of 1939 and subdivision 20 as added
by chapter 929 of the laws of 1986, are amended to read as follows:
4-a. Whenever any real property is determined by the authority to be
unnecessary for its corporate purpose.
(a) to surrender such real property to the [board of estimate of the]
city COUNCIL for other public use or purpose of such city, or
S. 5555 51
(b) to sell and convey or lease in behalf of such city any real prop-
erty acquired by the city at the expense of the authority. The proceeds
of any such sale or lease shall be paid to the authority and applied to
its corporate purpose. Any such lease shall run for a term not to exceed
ten years, and a renewal thereof for a term not to exceed ten years.
4-b. To apply for and receive and accept grants of property, money and
services and other assistance offered or made available to it by any
person, government or agency whatever, which it may use to meet capital
or operating expenses and for any other use within the scope of its
powers, and to negotiate for the same upon such terms and conditions as
the authority may determine to be necessary, convenient or desirable.
Subject to the rights of the holders of any outstanding bonds, notes or
other obligations of the authority, metropolitan transportation authori-
ty, THE BIG APPLE TRANSIT AUTHORITY and THE New York city transit
authority, and to facilitate the efficient financial management of the
authority, THE metropolitan transportation authority, THE BIG APPLE
TRANSIT AUTHORITY, its subsidiary corporations, and THE New York city
transit authority and its subsidiary corporations (the "affiliated enti-
ties"), the authority may, and may permit and direct any affiliated
entity to, transfer revenues, subsidies and other monies or securities
to one or more funds or accounts of another affiliated entity for use by
such other affiliated entity, provided at the time of such transfer it
is reasonably anticipated that the monies and securities so transferred
will be reimbursed, repaid or otherwise provided for by the end of the
next succeeding calendar year if reimbursement or repayment is required
by law or by any agreement to which any of the affected affiliated enti-
ties is subject. Any revenues of an affiliated entity that are trans-
ferred to another affiliated entity, which transfer was not authorized
by a provision of law other than this subdivision, shall be considered
to be required to be repaid to the affiliated entity which was the
source of such revenues by the end of the next succeeding calendar year
following such transfer.
7-a. Notwithstanding any inconsistent provision of law, the bridge and
tunnel officers employed by the authority shall have the power to issue
simplified traffic informations for traffic infractions as defined in
section one hundred fifty-five of the vehicle and traffic law, committed
on the sites owned, operated and maintained by the [triborough] TRIBOR-
OUGH bridge and tunnel authority, such informations to be administered
pursuant to the provisions of CHAPTER TWO OF title [A of chapter forty]
NINETEEN of the administrative code of the city of New York or article
two-A of the vehicle and traffic law, as applicable and also shall have
the power to issue notices of violation for transit infractions commit-
ted in and about any or all of the facilities, equipment or real proper-
ty owned, occupied or operated by the [metropolitan transportation] BIG
APPLE TRANSIT authority or its subsidiaries and the New York city trans-
it authority and its subsidiaries, as provided and in accordance with
section twelve hundred nine-a of this chapter. Nothing set forth in this
subdivision shall be construed to impede, infringe or diminish the
rights and benefits that accrue to employees and employers through
collective bargaining agreements, or impact or change an employee's
membership in a bargaining unit.
(k) Subject to and in accordance with all contract provisions with
respect to any bonds and the rights of the holders of bonds, a vehicular
bridge across the East river between the boroughs of the Bronx and
Queens, east of the Bronx-Whitestone bridge, together with such inci-
dental bridges and other structures, appurtenances, facilities and
S. 5555 52
approaches as shall be necessary or convenient (herein collectively
referred to as the "Throgs Neck bridge project"). With the consent of
the United States of America, the Throgs Neck bridge project or a
portion thereof, if deemed necessary or convenient by the authority, may
be constructed upon or pass over any part of the military reservation
known as Fort Schuyler and owned by the United States of America. No
lands, easements or rights in land shall be acquired by the authority
for the purposes of this paragraph without the prior consent of the
[board of estimate of the] city COUNCIL.
[(o) Subject to section five hundred fifty-three-c of this title, the
acquisition of new diesel self-propelled railroad passenger cars and the
transfer of the same to the metropolitan transportation authority, for a
nominal consideration, for use on commuter railroads owned or controlled
by the metropolitan transportation authority. The authority shall have
no obligation to operate, repair, maintain or reconstruct such cars
subsequent to their acquisition and transfer, nor shall it be liable to
the metropolitan transportation authority by reason of any warranty,
express or implied, in respect of such cars. Manufacturers or other
warranties furnished to the authority in connection with the purchase of
such cars shall be assigned to the metropolitan transportation authority
for enforcement.
(p) Subject to section five hundred fifty-three-c of this title, the
acquisition of land in the name of the authority in the vicinity of Penn
Station in the city of New York and/or the improvement of such land for
the benefit of the Long Island Rail Road for a lay-up yard and other
railroad purposes and the transfer of the said land and any improvements
thereon to the metropolitan transportation authority, parent corporation
of the said railroad, for a nominal consideration. The authority shall
have no obligation to operate, repair, maintain or reconstruct such land
or its improvements subsequent to such transfer.]
(r) In its discretion and subject to and in accordance with all
contract provisions with respect to any bonds and the rights of the
holders of bonds, at the request of the New York city transit authority
or the [metropolitan transportation] BIG APPLE TRANSIT authority, (i)
the planning for and the design, acquisition, construction, improvement,
reconstruction or rehabilitation, in the name of the authority, of any
capital asset, whether in the nature of personal or real property (or
any interest therein) which is used or useful for a transit or transpor-
tation purpose other than a marine or aviation purpose of the requesting
authority or its designated subsidiary (and in the case of such assets
then owned, operated by or under lease to the requesting authority or
its designated subsidiary, the receipt by the authority of the use,
occupancy, control or possession of such assets for the purpose of plan-
ning, designing, constructing, improving, reconstructing or rehabilitat-
ing the same) and the transfer or transfer back of such asset to the
requesting authority, its designated subsidiary or other designee for a
nominal consideration upon its acquisition or upon the completion of
such improvement, construction, reconstruction or rehabilitation; or,
alternatively or in combination with the foregoing, (ii) the making of
capital grants to the requesting authority or its designated subsidiary
to permit it to undertake and to finance such planning, design, acquisi-
tion, improvement, construction, reconstruction or rehabilitation, or,
alternatively or in combination with the foregoing, (iii) the financing
of all or any part of the costs to the authority or to any other person
or entity, public or private, of such planning, design, acquisition,
construction, improvement, reconstruction or rehabilitation of any such
S. 5555 53
capital asset through or accompanied by a leasing of the asset by such
person or entity to the authority or through or accompanied by a sale by
the authority to any such person or entity and leaseback to the authori-
ty, in each case for subleasing to the requesting authority, its desig-
nated subsidiary or other designee for a nominal rental, except that
such leasing or leaseback from such person or entity may be directly to
the requesting authority or its designated subsidiary or other designee,
for consideration, with the consent and at the expense of the authority.
The foregoing authorization shall extend to and include the continuation
of projects enumerated in paragraphs (m)[,]AND (n)[, (o) and (p)] of
this subdivision without regard to any limitations set forth in section
five hundred fifty-three-c of this title. The authority shall have no
obligation to operate or, except as may otherwise be provided in any
lease to which it may be a party as aforesaid, repair or maintain any
capital asset after its acquisition, construction, improvement, recon-
struction or rehabilitation and subsequent transfer, lease or sublease,
nor shall it be liable to the transferee, lessee or sublessee by reason
of any warranty, express or implied, in respect thereof. Warranties
furnished in connection with such acquisition, improvement,
construction, reconstruction or rehabilitation shall be assignable and
assigned as directed by the requesting authority and approved by the
authority.
12. To charge tolls, fees or rentals for the use of the project,
subject to and in accordance with such agreement with bondholders as may
be made as hereinafter provided. The toll rates charged for the use of
either the Triborough or Whitestone bridge project shall, however, never
be less than the toll rates charged for the use of the other, and this
clause shall be deemed an obligation to the holders of any and all bonds
at any time issued secured by the revenues of said projects. Subject to
contracts with bondholders, all tolls and other revenues derived from
any project shall be applied to the payment of operating, administration
and other necessary expenses of the authority properly chargeable to
such project and thereafter to the payment of interest or principal of
bonds or for making sinking fund payments for bonds, not otherwise
adequately provided for, whether issued in connection with such project
or any other project. It is the intention hereof that surplus funds from
any project remaining after providing for the payment of all operating,
administration and other necessary expenses of the authority and all
contract provisions with respect to any bonds, may be used to meet obli-
gations incurred for other projects and if not so used or reserved for
such use shall, at the discretion of [metropolitan transportation] THE
BIG APPLE TRANSIT authority, be transferred to [metropolitan transporta-
tion] THE BIG APPLE TRANSIT authority or THE New York city transit
authority pursuant to section five hundred sixty-nine-c of this title.
Subject to contracts with bondholders, the authority may treat one or
more projects as a single enterprise in respect of revenues, expenses,
the issuance of bonds, maintenance, operation or other purposes;
13. To construct and maintain over, under, along or across the project
telephone, telegraph, or electric wires and cables, gas mains, water
mains and other mechanical equipment not inconsistent with the appropri-
ate use of the project, to contract for such construction and to lease
the right to construct and/or use the same on such terms and for such
considerations as it shall determine, provided, however, that no lease
shall be made except with the approval of the [board of estimate of the]
city COUNCIL, or for a period of more than twenty years from the date
when it is made;
S. 5555 54
14. To construct and maintain facilities for the public, not incon-
sistent with the use of the project, to contract for such construction,
and to lease the right to construct and/or use such facilities on such
terms and for such considerations as it shall determine, provided,
however, that no lease shall be made for a period of more than five
years from the date when it is made except with the approval of the
[board of estimate of the] city COUNCIL;
17. To do all things necessary or convenient to carry out the powers
expressly given in this title and to assist and cooperate with the
[metropolitan transportation] BIG APPLE TRANSIT authority to carry out
the powers of the [metropolitan transportation] BIG APPLE TRANSIT
authority in furtherance of the purposes and powers of the authority as
provided in this article, including, without limitation, the trans-
actions described in sections [twelve hundred sixty-six-c] THIRTEEN
HUNDRED FORTY-NINE-J, [twelve hundred sixty-nine] THIRTEEN HUNDRED
FORTY-NINE-U, and [twelve hundred seventy-d] THIRTEEN HUNDRED FORTY-
NINE-DD of this chapter.
20. Prior to the adoption after January first, nineteen hundred eight-
y-seven by the authority of a general resolution pursuant to which it is
authorized to issue any general or special obligation bonds or notes to
finance a project pursuant to the authorization contained in paragraph
(r) of subdivision nine of this section, not including any series resol-
ution or resolutions, and prior to the adoption of any amendment to a
general resolution, whenever adopted, pursuant to which it is authorized
to issue any general or special obligation bonds or notes for such
purpose, not including a series resolution or resolutions, the authority
shall submit a copy of such proposed resolution to the [metropolitan
transportation authority capital program review] BIG APPLE TRANSIT
AUTHORITY'S board (hereinafter referred to as the "board"). Within
fifteen days of such submission, the board may notify the authority of
its unanimous approval of the same by the members entitled to vote ther-
eon, or if the resolution is not approved and no individual member of
the board who is entitled to vote on such resolution has notified the
authority in writing of his disapproval, the resolution shall be deemed
to have been approved. Neither the board nor any member thereof shall
disapprove a proposed resolution by reason of any covenant requiring the
authority to charge and fix tolls, rentals and other charges sufficient
to pay its operating expenses and the debt service, including the fund-
ing of requisite reserves, on the bonds and notes authorized by such
resolution. If the board or any member thereof entitled to vote thereon
shall disapprove a proposed resolution, the authority may, at any time,
resubmit a reformulated resolution. Within ten days of the submission of
such reformulated resolution the board may notify the authority of its
unanimous approval of the same by the members entitled to vote thereon,
or, if the reformulated resolution is not approved and no individual
member of the board who is entitled to vote thereon has notified the
authority in writing of his disapproval within such period, the reformu-
lated resolution shall have been deemed to have been approved. Any
individual member of the board who votes against a resolution or a
reformulated resolution or who notifies the authority of his disapproval
shall state his reasons therefor. The member appointed on the recommen-
dation of the mayor of the city of New York shall participate in the
action of the board with respect to any resolution of the authority
submitted pursuant to this subdivision. The authority shall not adopt a
resolution or any amendment to a resolution disapproved by the board as
herein provided.
S. 5555 55
21. To invest any funds, accounts or other monies not required for
immediate use or disbursement, at the discretion of the authority, in
any of the investments in which the [metropolitan transportation] BIG
APPLE TRANSIT authority is permitted to invest its monies pursuant to
subdivision four of section [twelve hundred sixty-five] THIRTEEN HUNDRED
FORTY-NINE-E of this chapter.
§ 4. The opening paragraph of subdivision 1 and subdivision 2 of
section 553-c of the public authorities law, as amended by chapter 273
of the laws of 1980, are amended to read as follows:
The authority shall have the power to finance all or any part of the
costs of railroad and rapid transit costs enumerated in paragraphs [m,
n, o and p] (M) AND (N) of subdivision nine of section five hundred
fifty-three of this article through the issuance of its negotiable
bonds, notes or other obligations in the manner provided in section five
hundred sixty-one of this [chapter] TITLE subject only to the following
limitations:
2. Moneys expended pursuant to subdivision one of this section shall
be utilized insofar as practical to: (a) purchase at least one hundred
twenty-four new subway cars for the New York city transit authority, AND
(b) rehabilitate at least two hundred eighty existing subway cars for
the New York city transit authority[, (c) acquire at least fifteen new
diesel self-propelled railroad passenger cars for the metropolitan
transportation authority commuter service area and (d) provide a passen-
ger car lay-up yard and other facilities for the Long Island Rail Road
in Manhattan]. The authority shall either apply for or make reasonable
effort to secure federal assistance in support of each of the programs
herein authorized and to the extent such federal assistance is forthcom-
ing and/or other cost savings are realized with respect to any such
program shall have the power to expand the size of that or any of the
foregoing programs.
§ 5. Section 553-d of the public authorities law, as amended by
section 6 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 553-d. Special Triborough bridge and tunnel authority special obli-
gation bonds and notes. In addition to the powers contained elsewhere in
this title with respect to the projects authorized by paragraphs (m),
(n)[, (o), (p)] and (r) of subdivision nine of section five hundred
fifty-three of this title, and subject to the application of the reven-
ues and other monies and assets of the authority pursuant to section
[twelve hundred seventy-d] THIRTEEN HUNDRED FORTY-NINE-DD of this chap-
ter, the authority may issue its bonds and notes to finance such
projects payable from and secured by all or any part of the moneys
received by the authority from the metropolitan transportation authority
special assistance fund established under section twelve hundred seven-
ty-a of this chapter, provided however that such bonds and notes may
also be payable from and secured by any other moneys, securities and
funds designated by the authority as additional security therefor. Debt
service on bonds and notes issued by the authority pursuant to this
section which is paid or reimbursed from moneys received by the authori-
ty from the metropolitan transportation authority special assistance
fund shall not be deemed to constitute debt service incurred by the
authority for purposes of subdivision three of section twelve hundred
nineteen-a of this chapter. Such bonds or notes shall be issued in the
manner provided in section five hundred sixty-one of this title.
§ 6. Subdivisions 1, 7, 8, 9, 10 and 11 of section 553-e of the public
authorities law, as added by chapter 314 of the laws of 1981, subdivi-
S. 5555 56
sion 10 as amended by chapter 558 of the laws of 1981 and subdivision 11
as amended by chapter 929 of the laws of 1986, are amended to read as
follows:
1. (a) In its performance of any project authorized by paragraph (m),
(n)[, (o), (p)] or (r) of subdivision nine of section five hundred
fifty-three of this title, the authority shall not be deemed the agent
or instrumentality of any other public benefit or municipal corporation
notwithstanding the fact that title to any real or personal property (or
any interest therein) which is the subject of or is a part of such
project is held by, or upon completion of such project is to be trans-
ferred to, any such entity, and the provisions of section five hundred
fifty-nine of this title shall not be applicable with respect to any
such project. In its performance of any such project for the New York
city transit authority, however, the provisions of section twelve
hundred nine of this chapter shall apply to the authority as if it were
the "authority" referred to therein.
(b) Neither the provisions of section one hundred ninety-seven-c of
the New York city charter, relating to a uniform land use review proce-
dure, nor the provisions of any other local law of the city of New York
of like or similar tenor or import shall apply (i) to the acquisition of
any real property (or any interest therein) for the purposes of any such
project by the city or by the New York city transit authority or any of
its subsidiaries; (ii) to the subsequent transfer of any real property
(or interest therein) so acquired to the authority or its designee for
the purposes of such project or to the transfer to the authority or its
designee for such purposes of any real property (or interest therein)
then owned by the city or by the New York city transit authority or any
such subsidiary; nor (iii) to the transfer to the authority or its
designee for such purposes of the right of use, occupancy, control or
possession of any real property (or interest therein), whether presently
owned or hereafter acquired by the city or by the New York city transit
authority or any such subsidiary; provided in each such case, however,
that if at the time of such proposed acquisition or transfer the real
property which is the subject of such acquisition or transfer is not
then being utilized for a transit or transportation purpose or is not an
insubstantial addition to such property contiguous thereto; (a) the
authority proposing to acquire or receive such property shall, unless a
submission with respect to such property has previously been made and
approved as herein provided, submit to the community board for the
community district in which such property is located, data with respect
to the proposed use of such property and to the design of any facility
proposed to be constructed thereon; (b) such community board shall
inform the [board of estimate of the] city COUNCIL of New York, with
copies to the city planning commission of the city of New York and the
proposing authority, of its views and recommendations with respect ther-
eto within forty-five days of such submission, and if the community
board shall fail to so inform the [board of estimate] CITY COUNCIL with-
in such period it shall be deemed to have recommended the proposal; and
(c) the [board of estimate] CITY COUNCIL shall, within forty-five days
of the recommendation of the community board, approve or disapprove such
acquisition or transfer, and if the [board of estimate] CITY COUNCIL
shall fail to act within such period it shall be deemed to have approved
the same.
7. The [metropolitan transportation] BIG APPLE TRANSIT authority, the
New York city transit authority and the designated subsidiaries of each
of them are each hereby authorized (i) to request the authority to
S. 5555 57
undertake any such project; (ii) to acquire in its own name by gift,
purchase or condemnation, and, additionally, in the case of the [metro-
politan transportation] BIG APPLE TRANSIT authority, by appropriation
pursuant to section [twelve hundred sixty-seven-a] THIRTEEN HUNDRED
FORTY-NINE-Q of this chapter, any real or personal property (or any
interest therein), which is needed or useful for or in connection with
such project, the provisions of any lease or other agreement with the
city to the contrary notwithstanding, and to surrender the use, occupan-
cy, control or possession of or to transfer the same, or of any other
such real or personal property (or any interest therein) which it owns,
leases, operates or controls, to the authority; (iii) to accept a trans-
fer, transfer back, lease or sublease of any such project or part there-
of upon its completion; (iv) to undertake any such project itself, or to
finance, through loans, leases or otherwise, any other person or entity,
public or private, to do so, in each case using funds granted by the
authority to pay all or any part of the costs thereof (such undertaking,
in the case of the New York city transit authority and its subsidiary,
the Manhattan and Bronx surface transit operating authority, being free
of any restriction set forth in subparagraph (ii) of paragraph b of
subdivision one of section twelve hundred three or in paragraph (c) of
subdivision five of section twelve hundred three-a of this chapter); and
(v) to make its agents, employees and facilities available to the
authority in connection therewith.
8. No such project to be constructed upon real property theretofore
used for a transit or transportation purpose, or on an insubstantial
addition to such property contiguous thereto, which will not change in a
material respect the general character of such prior transit or trans-
portation use, nor any acts or activities in connection with such
project, shall be subject to the provisions of article eight, nineteen,
twenty-four or twenty-five of the environmental conservation law, or to
any local law or ordinance adopted pursuant to any such article. Nor
shall any project or acts or activities in connection therewith taken by
any person or entity, public or private, pursuant to paragraph (m),
(n)[, (o), (p),] or (r) of subdivision nine of section five hundred
fifty-three of this title be subject to the provisions of article eight
of the environmental conservation law if such project, acts or activ-
ities to be taken in connection therewith require the preparation of a
statement under or pursuant to any federal law or regulation as to the
environmental impact thereof.
9. In connection with the negotiation, award and implementation of
contracts of the authority relating to any project hereafter initiated
pursuant to paragraphs (m), (n)[, (o), (p)] and (r) of subdivision nine
of section five hundred fifty-three of this title, the provisions of
[paragraphs (a), (b), (c) and (d) of subdivision] SUBDIVISIONS thirteen
AND FOURTEEN of section [twelve hundred sixty-six-c] THIRTEEN HUNDRED
FORTY-NINE-J of this chapter shall apply to the authority as if it were
the "authority" referred to therein, and the [officer designated by the
metropolitan transportation authority pursuant to paragraph (e) of that
subdivision] DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT,
ESTABLISHED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, shall
perform the duties therein described with respect to such contracts of
the authority.
10. The financing of any such project through the issuance of bonds or
notes of the authority shall be subject to the provisions of section
[twelve hundred sixty-nine-b] THIRTEEN HUNDRED FORTY-NINE-V of this
chapter.
S. 5555 58
11. The aggregate principal amount of bonds and notes issued and
outstanding at any time to finance projects authorized by paragraphs
(m), (n)[, (o), (p)] and (r) of subdivision nine of section five hundred
fifty-three of this title shall not exceed one billion one hundred
million dollars through December thirty-first, nineteen hundred eighty-
six and three billion two hundred million dollars thereafter, provided
however that such latter amount shall not exceed two billion two hundred
million dollars for all bonds and notes other than those issued pursuant
to section five hundred fifty-three-d of this title. This limitation
shall not include (i) bonds and notes issued to refund or otherwise
repay bonds or notes theretofore issued for such purposes, (ii) bonds
issued to fund any reasonably required debt service reserve fund for
bonds and notes, and (iii) an amount equal to any original issue
discount from the [prinicipal] PRINCIPAL amount of any bonds or notes
issued and then outstanding. From the proceeds of the bonds and notes
provided for in the first sentence of this subdivision, other than bonds
or notes authorized by section five hundred fifty-three-d of this title,
the authority shall not expend more than one billion three hundred twen-
ty million dollars for transit projects as defined in section [twelve
hundred sixty-six-c] THIRTEEN HUNDRED FORTY-NINE-J of this chapter nor
more than eight hundred eighty million dollars for transportation facil-
ities as such term is defined in subdivision [fourteen] NINETEEN of
section [twelve hundred sixty-one] THIRTEEN HUNDRED FORTY-NINE-B of this
chapter other than marine or aviation facilities. For the purposes of
this subdivision, facilities under the jurisdiction of the Staten Island
rapid transit operating authority shall be considered transit projects.
§ 7. Subdivisions 2 and 4 of section 553-j of the public authorities
law, as amended by section 1 of part MMM of chapter 58 of the laws of
2000, are amended to read as follows:
2. Monies in the fund shall be applied, subject to agreements with
bondholders and applicable federal law, to the payment of operating,
administration, and other necessary expenses of the authority, or to the
city of New York subject to the memorandum of understanding executed
pursuant to subdivision two-a of section seventeen hundred four of the
vehicle and traffic law properly allocable to such program, including
the planning, designing, constructing, installing or maintaining of the
central business district tolling program, including, without limita-
tion, the central business district tolling infrastructure, the central
business district tolling collection system and the central business
district tolling customer service center, and the costs of any [metro-
politan transportation] BIG APPLE TRANSIT authority capital projects
included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT AUTHORITY capi-
tal program or any successor programs. Monies in the fund may be: (a)
pledged by the authority to secure and be applied to the payment of the
bonds, notes or other obligations of the authority to finance the costs
of the central business district tolling program, including, without
limitation, the central business district tolling infrastructure, the
central business district tolling collection system and the central
business district tolling customer service center, and the costs of any
[metropolitan transportation] BIG APPLE TRANSIT authority capital
projects included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT
AUTHORITY capital program or any successor programs, including debt
service, reserve requirements, if any, the payment of amounts required
under bond and note facilities or agreements related thereto, the
payment of federal government loans, security or credit arrangements or
other agreements related thereto; or (b) used by the authority for the
S. 5555 59
payment of such capital costs of the central business district tolling
program and the costs of any [metropolitan transportation] BIG APPLE
TRANSIT authority capital projects included within the 2020 to 2024
[MTA] BIG APPLE TRANSIT AUTHORITY capital program or any successor
programs; or (c) transferred to the [metropolitan transportation] BIG
APPLE TRANSIT authority and (1) pledged by the [metropolitan transporta-
tion] BIG APPLE TRANSIT authority to secure and be applied to the
payment of the bonds, notes or other obligations of the [metropolitan
transportation] BIG APPLE TRANSIT authority to finance the costs of any
[metropolitan transportation] BIG APPLE TRANSIT authority capital
projects included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT
AUTHORITY capital program or any successor programs, including debt
service, reserve requirements, if any, the payment of amounts required
under bond and note facilities or agreements related thereto, the
payment of federal government loans, security or credit arrangements or
other agreements related thereto, or (2) used by the [metropolitan
transportation] BIG APPLE TRANSIT authority for the payment of the costs
of any [metropolitan transportation] BIG APPLE TRANSIT authority capital
projects included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT
AUTHORITY capital program or any successor programs, or (3) subject to
approval by the board of the [metropolitan transportation] BIG APPLE
TRANSIT authority and the director of the budget, used by the [metropol-
itan transportation] BIG APPLE TRANSIT authority in all or any of the
fiscal years of the authority beginning in 2020 through 2021 to offset
decreases in revenue, including but not limited to, lost taxes, fees,
charges, fares and tolls, due in whole or in part, or increases in oper-
ating costs due in whole to the state disaster emergency caused by the
novel coronavirus, COVID-19. Such revenues shall only supplement and
shall not supplant any federal, state, or local funds expended by the
authority or the [metropolitan transportation] BIG APPLE TRANSIT author-
ity, or such authority's or [metropolitan transportation] BIG APPLE
TRANSIT authority's affiliates or subsidiaries for such respective
purposes. Central business district toll revenues may be used as
required to obtain, utilize, or maintain federal authorization to
collect tolls on federal aid highways. Provided further that, in the
event the authority or [metropolitan transportation] BIG APPLE TRANSIT
authority receives funds or reimbursements, including without limitation
from the federal government or insurance maintained by the authority or
[metropolitan transportation] BIG APPLE TRANSIT authority, due in whole
or in part to the novel coronavirus, COVID-19, any monies from the fund
used to offset decreases in revenue or increases in operating costs due
in whole or in part to the state disaster emergency caused by the novel
coronavirus, COVID-19, shall be repaid after the authority or the
[metropolitan transportation] BIG APPLE TRANSIT authority fully repays
any public or private borrowings, draws on any lines of credit, issu-
ances of revenue anticipation notes, any internal loans, and use of
corpus of OPEB Trust to pay current retiree healthcare cost necessitated
by COVID-19 revenue shortfall. Such obligation to repay shall be limited
to the availability of any excess monies, and any such funds or
reimbursements in excess of the amounts needed to fully repay such
amounts shall be transferred to the fund and used for the purposes
originally intended for such fund.
4. The authority shall report annually on all receipts and expendi-
tures of the fund. The report shall detail operating expenses of the
central business district tolling program and all fund expenditures
including capital projects. If, during the period of the report, any
S. 5555 60
monies in the fund were used by the authority or the [metropolitan
transportation] BIG APPLE TRANSIT authority to offset decreases in
revenue lost in whole or in part due to the state disaster emergency
caused by novel coronavirus, COVID-19, or increases in operating costs
in whole due to the novel coronavirus, COVID-19, the report shall also
provide: (a) details of such decreases in revenue in whole, (b) details
of such decreases in revenue in part, (c) details of such increases in
costs, (d) the methodology used by the authority or [metropolitan trans-
portation] BIG APPLE TRANSIT authority to calculate such changes, and
(e) explanation for attributing a particular increase in cost or a
particular decrease in revenue, to the state disaster emergency caused
by coronavirus, COVID-19. The report shall be readily available to the
public, and shall be posted on the authority's website and be submitted
to [the governor, the temporary president of the senate, the speaker of
the assembly, the comptroller, the director of the budget,] the mayor
and council of the city of New York, AND the [metropolitan transporta-
tion] BIG APPLE TRANSIT authority board[, and the metropolitan transpor-
tation authority capital program review board].
§ 8. Subdivision 2 of section 553-j of the public authorities law, as
added by section 5 of subpart A of part ZZZ of chapter 59 of the laws of
2019, is amended to read as follows:
2. Monies in the fund shall be applied, subject to agreements with
bondholders and applicable federal law, to the payment of operating,
administration, and other necessary expenses of the authority, or to the
city of New York subject to the memorandum of understanding executed
pursuant to subdivision two-a of section seventeen hundred four of the
vehicle and traffic law properly allocable to such program, including
the planning, designing, constructing, installing or maintaining of the
central business district tolling program, including, without limita-
tion, the central business district tolling infrastructure, the central
business district tolling collection system and the central business
district tolling customer service center, and the costs of any [metro-
politan transportation] BIG APPLE TRANSIT authority capital projects
included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT AUTHORITY capi-
tal program or any successor programs. Monies in the fund may be: (a)
pledged by the authority to secure and be applied to the payment of the
bonds, notes or other obligations of the authority to finance the costs
of the central business district tolling program, including, without
limitation, the central business district tolling infrastructure, the
central business district tolling collection system and the central
business district tolling customer service center, and the costs of any
[metropolitan transportation] BIG APPLE TRANSIT authority capital
projects included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT
AUTHORITY capital program or any successor programs, including debt
service, reserve requirements, if any, the payment of amounts required
under bond and note facilities or agreements related thereto, the
payment of federal government loans, security or credit arrangements or
other agreements related thereto; or (b) used by the authority for the
payment of such capital costs of the central business district tolling
program and the costs of any [metropolitan transportation] BIG APPLE
TRANSIT authority capital projects included within the 2020 to 2024
[MTA] BIG APPLE TRANSIT AUTHORITY capital program or any successor
programs; or (c) transferred to the [metropolitan transportation] BIG
APPLE TRANSIT authority and (1) pledged by the [metropolitan transporta-
tion] BIG APPLE TRANSIT authority to secure and be applied to the
payment of the bonds, notes or other obligations of the [metropolitan
S. 5555 61
transportation] BIG APPLE TRANSIT authority to finance the costs of any
[metropolitan transportation] BIG APPLE TRANSIT authority capital
projects included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT
AUTHORITY capital program or any successor programs, including debt
service, reserve requirements, if any, the payment of amounts required
under bond and note facilities or agreements related thereto, the
payment of federal government loans, security or credit arrangements or
other agreements related thereto, or (2) used by the [metropolitan
transportation] BIG APPLE TRANSIT authority for the payment of the costs
of any [metropolitan transportation] BIG APPLE TRANSIT authority capital
projects included within the 2020 to 2024 [MTA] BIG APPLE TRANSIT
AUTHORITY capital program or any successor programs. Such revenues shall
only supplement and shall not supplant any federal, state, or local
funds expended by the authority or the [metropolitan transportation] BIG
APPLE TRANSIT authority, or such authority's or [metropolitan transpor-
tation] BIG APPLE TRANSIT authority's affiliates or subsidiaries for
such respective purposes. Central business district toll revenues may be
used as required to obtain, utilize, or maintain federal authorization
to collect tolls on federal aid highways.
§ 9. Subdivisions 3, 3-a and 4 of section 553-j of the public authori-
ties law, as added by section 5 of subpart A of part ZZZ of chapter 59
of the laws of 2019, are amended to read as follows:
3. Any monies deposited in the fund shall be held in the fund free and
clear of any claim by any person arising out of or in connection with
article forty-four-C of the vehicle and traffic law and subdivision
twelve-a of section five hundred fifty-three of this title. Without
limiting the generality of the foregoing, no person paying any amount
that is deposited into the fund shall have any right or claim against
the authority or the [metropolitan transportation] BIG APPLE TRANSIT
authority, any of their bondholders, any of the authority's or the
[metropolitan transportation] BIG APPLE TRANSIT authority's subsidiaries
or affiliates to any monies in or distributed from the fund or in
respect of a refund, rebate, credit or reimbursement of monies arising
out of or in connection with article forty-four-C of the vehicle and
traffic law and subdivision twelve-a of section five hundred fifty-three
of this title.
3-a. Of the capital project costs paid by this fund[: eighty percent
shall be capital project costs of the New York city transit authority
and its subsidiary, Staten Island Rapid Transit Operating Authority, and
MTA Bus with] priority SHALL BE given to the subway system, new signal-
ing, new subway cars, track and car repair, accessibility, buses and bus
system improvements and further investments in expanding transit avail-
ability to areas in the outer boroughs that have limited mass transit
options; ten percent shall be capital project costs of the Long Island
Rail Road, including but not limited to, parking facilities, rolling
stock, capacity enhancements, accessibility, and expanding transit
availability to areas in the Metropolitan Commuter Transportation
District that have limited mass transit options; and ten percent shall
be capital project costs of the Metro-North Commuter Railroad Company,
including but not limited to, parking facilities, rolling stock, capaci-
ty enhancements, accessibility, and expanding transit availability to
areas in the Metropolitan Commuter Transportation District that have
limited mass transit options.
4. The authority shall report annually on all receipts and expendi-
tures of the fund. The report shall detail operating expenses of the
central business district tolling program and all fund expenditures
S. 5555 62
including capital projects. The report shall be readily available to the
public, and shall be posted on the authority's website and be submitted
to [the governor, the temporary president of the senate, the speaker of
the assembly,] the mayor and council of the city of New York, AND the
[metropolitan transportation] BIG APPLE TRANSIT authority board[, and
the metropolitan transportation authority capital program review board].
§ 10. Subdivision 5 of section 553-k of the public authorities law is
REPEALED.
§ 11. Section 555 of the public authorities law, as amended by chapter
655 of the laws of 1978, is amended to read as follows:
§ 555. Selection of site. Notwithstanding any provisions of any other
statute, the authority in conjunction with the commissioner of parks of
the city or his successor, the commissioner of parks and recreation, and
with the approval of the [board of estimate] CITY COUNCIL of such city
and with the separate approval of the mayor thereof, is hereby author-
ized to select sites in the boroughs of the Bronx and Queens of the city
for the Whitestone bridge project and parkways connecting therewith,
which sites may be in or through existing public parks, and to select
sites for new public parks contiguous to such project or contiguous to
the roads, streets, parkways or avenues connecting with such project. A
site or sites may be selected for any or all of the aforementioned
purposes and thereafter the use thereof shall be allocated by the
commissioner of parks and recreation as herein provided. The property so
selected solely for such project, not already owned by the city, shall
be acquired at the sole expense of the authority in the manner provided
for under this title. The property so selected solely for new public
parks shall be acquired by the city at its sole expense. The cost of the
property so selected for such project, combined with any other aforemen-
tioned purposes the use of which is to be thereafter determined, shall
be divided between the city and the authority as may be determined by a
contract or contracts hereby authorized to be entered into between the
city and the authority, subject to the approval of the [board of esti-
mate of the] city COUNCIL. So much of the sites so selected and acquired
or such easements or rights of way therein as may be necessary or
convenient for the corporate purposes of the authority may be assigned
by the commissioner of parks and recreation of the city to the authority
for its use so long as its corporate existence shall continue.
§ 12. Section 557 of the public authorities law, as amended by chapter
576 of the laws of 1964, is amended to read as follows:
§ 557. Grant of land by the city to the authority. The city shall have
power and authority by resolution of the [board of estimate of the] city
COUNCIL to assign to the authority, without consideration, any land
owned by the city on the seventh day of April, nineteen hundred thirty-
three, or thereafter acquired by it, needed or convenient for the
project, including lands released or to be released by the state to the
city pursuant to chapter three hundred seventy-nine of the laws of nine-
teen hundred twenty-nine as amended.
§ 13. Subdivision 3 of section 557-a of the public authorities law, as
added by chapter 874 of the laws of 1939, is amended to read as follows:
3. The city may, by resolution of the [board of estimate] CITY
COUNCIL, or by deed authorized by such a resolution, convey, with or
without consideration, to the authority for the project the use and
occupancy, for so long as its corporate existence shall continue, of any
lands then owned by the city including lands which, by any other law,
are inalienable by the city, and such conveyance may reserve to the city
S. 5555 63
such rights as shall not restrict the authority in the construction,
reconstruction, operation and maintenance of the project.
§ 14. Subdivision 1 of section 561 of the public authorities law, as
amended by section 7 of part O of chapter 61 of the laws of 2000, is
amended to read as follows:
1. The authority shall have the power and is hereby authorized from
time to time to issue its negotiable bonds in conformity with applicable
provisions of the uniform commercial code for any corporate purpose or
power. The authority shall have power from time to time and whenever it
deems refunding advantageous or desirable, to refund, redeem or other-
wise pay, including by purchase or tender any bonds by the issuance of
new bonds, whether the bonds to be refunded have or have not matured,
and may issue bonds partly to refund bonds then outstanding and partly
for any other corporate purpose or power. The refunding bonds may be
exchanged for the bonds to be refunded, with such cash adjustments as
may be agreed, or may be sold and the proceeds applied to the purchase
or payment of the bonds to be refunded. The authority may issue general
or special obligation bonds. Every issue of general obligation bonds
shall be payable out of any moneys or revenues of the authority, subject
only to any agreements with the holders of particular bonds pledging any
particular tolls or revenues. Every issue of special obligation bonds
shall be payable out of any revenues, receipts, monies or assets of the
authority, the [metropolitan transportation] BIG APPLE TRANSIT authority
and its subsidiary corporations and the New York city transit authority
and its subsidiary corporations identified for such purposes in accord-
ance with agreements with the holders of particular bonds.
§ 15. Section 569-c of the public authorities law, as amended by
section 9 of part O of chapter 61 of the laws of 2000, is amended to
read as follows:
§ 569-c. Transfer and receipt of surplus funds. Notwithstanding any
provision of this title or any other provision of law, general, special
or local, the authority shall, at the direction of the [metropolitan
transportation] BIG APPLE TRANSIT authority, from time to time transfer
and pay over all or any part of its surplus funds to (a) [metropolitan
transportation] THE BIG APPLE TRANSIT authority or (b) THE New York city
transit authority, all in accordance with the provisions of subdivision
twelve of section five hundred fifty-three of this title [and the deter-
mination of the proportional allocation of such amounts of surplus funds
so deposited as between the New York city transit authority and the
commuter railroads operated by metropolitan transportation authority
shall be governed by the provisions of section twelve hundred nineteen-a
of this chapter] and the authority may accept and use any moneys trans-
ferred and paid over to it by [metropolitan transportation] THE BIG
APPLE TRANSIT authority or THE New York city transit authority.
§ 16. This act shall take effect January 1, 2022; provided that the
amendments to subdivision 2 of section 553-j of the public authorities
law made by section seven of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 2 of part MMM of
chapter 58 of the laws of 2020, as amended, when upon such date the
provisions of section eight of this act shall take effect.
PART D
Section 1. Article 5 of the public authorities law is amended by
adding a new title 11-E to read as follows:
S. 5555 64
TITLE 11-E
BIG APPLE TRANSIT AUTHORITY
SECTION 1349-A. SHORT TITLE.
1349-B. DEFINITIONS.
1349-C. BIG APPLE TRANSIT AUTHORITY.
1349-D. PURPOSES OF THE AUTHORITY.
1349-E. GENERAL POWERS OF THE AUTHORITY.
1349-F. CONTRACTS.
1349-G. BIG APPLE TRANSIT AUTHORITY SMALL BUSINESS MENTORING
PROGRAM.
1349-H. SPECIAL POWERS OF THE AUTHORITY.
1349-I. MEDICAL EMERGENCY SERVICES.
1349-J. TRANSIT PROJECTS.
1349-K. EXCESS LOSS FUND.
1349-L. AUTHORITY POLICE FORCE.
1349-M. THE PERMANENT CITIZENS ADVISORY COMMITTEE.
1349-N. BIG APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS.
1349-O. EXPIRED FARE TRANSFER POLICY.
1349-P. ACQUISITION AND DISPOSITION OF REAL PROPERTY.
1349-Q. ACQUISITION AND DISPOSITION OF REAL PROPERTY BY
DEPARTMENT OF TRANSPORTATION.
1349-R. TRANSIT FACILITIES FOR TRANSIT CONSTRUCTION FUND.
1349-S. CO-OPERATION AND ASSISTANCE OF OTHER AGENCIES.
1349-T. PROMOTION OF QUALIFIED TRANSPORTATION FRINGES.
1349-U. NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY.
1349-V. CAPITAL PROGRAM PLANS; APPROVALS; EFFECT OF DISAP-
PROVAL.
1349-W. SUBMISSION OF STRATEGIC OPERATION PLAN.
1349-X. FINANCIAL AND OPERATIONAL REPORTS.
1349-Y. MISSION STATEMENT AND MEASUREMENT REPORT.
1349-Z. REQUIREMENTS FOR CERTAIN AUTHORITY CONTRACTS AND
RELATED SUBCONTRACTS.
1349-AA. RESERVE FUNDS AND APPROPRIATIONS.
1349-BB. BIG APPLE TRANSIT AUTHORITY SPECIAL ASSISTANCE FUND.
1349-CC. BIG APPLE TRANSIT AUTHORITY DEDICATED TAX FUND.
1349-DD. CONSOLIDATED FINANCINGS.
1349-EE. REGULATION OF CERTAIN AUTHORITY EXPENDITURES.
1349-FF. METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND.
1349-GG. NEW YORK CITY TRANSPORTATION ASSISTANCE FUND.
1349-HH. AGREEMENT OF THE STATE.
1349-II. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
1349-JJ. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.
1349-KK. NOTES AND BONDS AS LEGAL INVESTMENT.
1349-LL. EXEMPTION FROM TAXATION.
1349-MM. ACTIONS AGAINST THE AUTHORITY.
1349-NN. ANNUAL AUDIT OF AUTHORITY.
1349-OO. AUTHORITY BUDGET AND FINANCIAL PLAN.
1349-PP. INDEPENDENT AUDIT OF AUTHORITY.
1349-QQ. INDEPENDENT AUDIT BY THE LEGISLATURE.
1349-RR. REPORTING.
1349-SS. TRANSFER AND RECEIPT OF SURPLUS FUNDS.
1349-TT. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR
INEFFECTIVE.
1349-UU. BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL.
1349-VV. MANAGEMENT ADVISORY BOARD.
1349-WW. THE OFFICE OF LEGISLATIVE AND COMMUNITY INPUT.
S. 5555 65
1349-XX. SUPPLEMENTAL REVENUE REPORTING PROGRAM.
§ 1349-A. SHORT TITLE. THIS TITLE MAY BE KNOWN AND MAY BE CITED AS THE
"BIG APPLE TRANSIT AUTHORITY ACT".
§ 1349-B. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION THIRTEEN
HUNDRED FORTY-NINE-C OF THIS TITLE.
2. "AUTHORITY FACILITIES" SHALL MEAN THE AUTHORITY'S TRANSIT, RAIL-
ROAD, OMNIBUS, MARINE AND AVIATION FACILITIES AND OPERATIONS PURSUANT TO
JOINT SERVICE ARRANGEMENTS.
3. "BUDGET" SHALL MEAN THE PRELIMINARY, FINAL PROPOSED AND ADOPTED
FINAL PLANS OF THE AUTHORITY, AND EACH OF ITS AGENCIES.
4. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE CITY OF NEW YORK.
5. "EQUIPMENT" SHALL MEAN ROLLING STOCK, OMNIBUSES, VEHICLES, AIR,
MARINE OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, WIRES, WAYS, CONDUITS
AND MECHANISMS, MACHINERY, TOOLS, IMPLEMENTS, MATERIALS, SUPPLIES,
INSTRUMENTS AND DEVICES OF EVERY NATURE WHATSOEVER USED OR USEFUL FOR
TRANSPORTATION PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE
POWER INCLUDING BUT NOT LIMITED TO ALL POWER HOUSES, AND ALL APPARATUS
AND ALL DEVICES FOR SIGNALING, COMMUNICATIONS AND VENTILATION AS MAY BE
NECESSARY, CONVENIENT OR DESIRABLE FOR THE OPERATION OF A TRANSPORTATION
FACILITY.
6. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES GOVERNMENT, AND
ANY OFFICER, DEPARTMENT, BOARD, COMMISSION, BUREAU, DIVISION, CORPO-
RATION, AGENCY OR INSTRUMENTALITY THEREOF.
7. "GAP" SHALL MEAN THE DIFFERENCE BETWEEN PROJECTED REVENUES AND
EXPENSES FOR ANY GIVEN FISCAL YEAR BASED ON THE EXISTING FARE STRUCTURE.
8. "GAP-CLOSING INITIATIVE" SHALL MEAN ANY ACTION TO REDUCE A PROJECT-
ED GAP.
9. "GOVERNOR" SHALL MEAN THE GOVERNOR OF THE STATE OF NEW YORK.
10. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR
AMONG THE AUTHORITY AND ANY COMMON CARRIER OR FREIGHT FORWARDER, THE
STATE, ANY STATE AGENCY, THE FEDERAL GOVERNMENT, ANY OTHER STATE OR
AGENCY OR INSTRUMENTALITY THEREOF, ANY PUBLIC AUTHORITY OF THIS OR ANY
OTHER STATE, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE,
RELATING TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES,
RATES, FARES, CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES (INCLUD-
ING CHARGES BETWEEN OPERATORS OF RAILROAD, OMNIBUS, MARINE AND AVIATION
FACILITIES), OR RULES OR REGULATIONS PERTAINING THERETO, FOR OR IN
CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
AND IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION FACILITIES
LOCATED OUTSIDE THE DISTRICT.
11. "MARINE AND AVIATION FACILITIES" SHALL MEAN EQUIPMENT AND CRAFT
FOR THE TRANSPORTATION OF PASSENGERS, MAIL AND CARGO BETWEEN POINTS
WITHIN THE DISTRICT OR PURSUANT TO JOINT SERVICE ARRANGEMENTS, BY MARINE
CRAFT AND AIRCRAFT OF ALL TYPES INCLUDING BUT NOT LIMITED TO HYDROFOILS,
FERRIES, LIGHTERS, TUGS, BARGES, HELICOPTERS, AMPHIBIANS, SEAPLANES OR
OTHER CONTRIVANCES NOW OR HEREAFTER USED IN NAVIGATION OR MOVEMENT ON
WATERWAYS OR IN THE NAVIGATION OF OR FLIGHT IN AIRSPACE. IT SHALL ALSO
MEAN ANY MARINE PORT OR AIRPORT FACILITY WITHIN THE CITY BUT OUTSIDE THE
PORT OF NEW YORK DISTRICT AS DEFINED IN CHAPTER ONE HUNDRED FIFTY-FOUR
OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, INCLUDING BUT NOT LIMITED TO
TERMINALS, DOCKS, PIERS, BULKHEADS, RAMPS OR ANY FACILITY OR REAL PROP-
ERTY NECESSARY, CONVENIENT OR DESIRABLE FOR THE ACCOMMODATION OF PASSEN-
S. 5555 66
GERS AND CARGO OR THE DOCKING, SAILING, LANDING, TAKING OFF, ACCOMMO-
DATION OR SERVICING OF SUCH MARINE CRAFT OR AIRCRAFT.
12. "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF NEW YORK.
13. "METROPOLITAN TRANSPORTATION AUTHORITY" SHALL MEAN THE CORPORATION
CREATED PURSUANT TO TITLE ELEVEN OF THIS ARTICLE.
14. "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE OPER-
ATED BY CARRIERS SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE
COMMISSION, ENGAGED IN THE TRANSPORTATION OF PASSENGERS AND THEIR
BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
TO JOINT SERVICE ARRANGEMENTS, AND EQUIPMENT, PROPERTY, BUILDINGS,
STRUCTURES, IMPROVEMENTS, LOADING OR UNLOADING AREAS, PARKING AREAS OR
OTHER FACILITIES, NECESSARY, CONVENIENT OR DESIRABLE FOR THE ACCOMMO-
DATION OF SUCH MOTOR VEHICLES OR THEIR PASSENGERS, INCLUDING BUT NOT
LIMITED TO BUILDINGS, STRUCTURES AND AREAS NOTWITHSTANDING THAT PORTIONS
MAY NOT BE DEVOTED TO ANY OMNIBUS PURPOSE OTHER THAN THE PRODUCTION OF
REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
OF THE AUTHORITY.
15. "RAILROAD FACILITIES" SHALL MEAN RIGHT OF WAY AND RELATED TRACK-
AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
COMMUNICATION AND VENTILATION SYSTEMS, POWER PLANTS, STATIONS, TERMI-
NALS, STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT AND
PARTS, OFFICES AND OTHER REAL ESTATE OR PERSONALTY USED OR HELD FOR OR
INCIDENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY RAIL-
ROAD OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE DISTRICT OR
PURSUANT TO JOINT SERVICE ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO
BUILDINGS, STRUCTURES, AND AREAS NOTWITHSTANDING THAT PORTIONS THEREOF
MAY NOT BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION OF
REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
OF THE AUTHORITY.
16. "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES AND
INTERESTS IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR
RIGHTS AND ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND
INCLUDES NOT ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER
INTERESTS INCLUDING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES,
LEASES, LICENSES AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY
ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
17. "STATE" SHALL MEAN THE STATE OF NEW YORK.
18. "STATE AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD, COMMIS-
SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
TALITY OF THE STATE.
19. "TRANSPORTATION FACILITY" SHALL MEAN ANY TRANSIT, RAILROAD, OMNI-
BUS, MARINE OR AVIATION FACILITY AND ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION OR, CORPORATION WHICH OWNS, LEASES OR OPERATES ANY SUCH
FACILITY OR ANY OTHER FACILITY USED FOR SERVICE IN THE TRANSPORTATION OF
PASSENGERS, UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER
FOR HIRE AND ANY PORTION THEREOF AND THE RIGHTS, LEASEHOLDS OR OTHER
INTEREST THEREIN TOGETHER WITH ROUTES, TRACKS, EXTENSIONS, CONNECTIONS,
PARKING LOTS, GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND
REPAIR SHOPS, TERMINALS, STATIONS AND OTHER RELATED FACILITIES THEREOF,
THE DEVICES, APPURTENANCES, AND EQUIPMENT THEREOF AND POWER PLANTS AND
OTHER INSTRUMENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THERE-
WITH.
20. "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE METROPOL-
ITAN COMMUTER TRANSPORTATION DISTRICT CREATED BY SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS ARTICLE.
S. 5555 67
21. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY
SUPPORTS THE MISSIONS OR PURPOSES OF THE AUTHORITY, ANY OF ITS SUBSID-
IARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, INCLUDING THE
REALIZATION OF REVENUES DERIVED FROM PROPERTY THAT IS, OR IS TO BE USED
AS, A TRANSPORTATION FACILITY.
22. "NEW YORK CITY TRANSIT AUTHORITY" SHALL MEAN THE CORPORATION
CREATED BY SECTION TWELVE HUNDRED ONE OF THIS ARTICLE.
23. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY" SHALL MEAN THE CORPO-
RATION CREATED PURSUANT TO TITLE THREE OF ARTICLE THREE OF THIS CHAPTER.
24. "INSPECTOR GENERAL" SHALL MEAN THE BIG APPLE TRANSIT AUTHORITY
INSPECTOR GENERAL.
25. "REVENUES" SHALL MEAN ALL MONIES RECEIVED BY THE AUTHORITY OR ITS
SUBSIDIARIES, OR NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES, OR
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AS THE CASE MAY BE, FROM WHATEV-
ER SOURCE, DERIVED DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH THE
OPERATIONS OF THE RESPECTIVE ENTITY EXCEPT FOR ANY MONIES TRANSFERRED TO
THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION THIRTEEN
HUNDRED FORTY-NINE-H OF THIS TITLE THAT IS NOT RETURNED TO THE AUTHORITY
PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION TWELVE HUNDRED
SIXTY-SIX OF THIS CHAPTER.
26. "TRANSIT FACILITY" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION FIFTEEN OF SECTION TWELVE HUNDRED OF THIS ARTICLE.
27. "UTILIZATION" SHALL MEAN PUBLIC USAGE OF THE SUBWAY, BUS, RAILROAD
AND PARATRANSIT SERVICES, AND BRIDGE AND TUNNEL CROSSINGS, OF THE
AUTHORITY AND ITS AFFILIATES AND SUBSIDIARIES AS REFLECTED IN EMPIRICAL
DATA.
28. "BIG APPLE TRANSIT AUTHORITY AND ITS AFFILIATES" SHALL MEAN THE
BIG APPLE TRANSIT AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, AND
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND ALL THEIR RESPECTIVE
SUBSIDIARIES.
§ 1349-C. BIG APPLE TRANSIT AUTHORITY. 1. (A) THERE IS HEREBY CREATED
THE "BIG APPLE TRANSIT AUTHORITY". THE AUTHORITY SHALL BE A BODY CORPO-
RATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPORATION. THE AUTHORI-
TY SHALL CONSIST OF SEVEN VOTING MEMBERS, INCLUDING A CHAIRPERSON, AND
TWO NON-VOTING MEMBERS. MEMBERS SHALL HAVE EXPERIENCE IN ONE OR MORE OF
THE FOLLOWING AREAS OF EXPERTISE: TRANSPORTATION OR TRANSIT PLANNING;
URBAN PLANNING, INCLUDING SUSTAINABILITY AND RESILIENCY; ADVOCACY FOR
INDIVIDUALS WITH DISABILITIES; DEMOGRAPHICS, SOCIAL TRENDS OR THE NEEDS
OF LOW-INCOME NEW YORKERS; CAPITAL PLANNING OR CIVIL ENGINEERING;
FINANCE; OR ANOTHER AREA OF EXPERTISE CENTRAL TO THE PURPOSE OF THE
AUTHORITY. THE MAYOR SHALL APPOINT FOUR VOTING MEMBERS, INCLUDING THE
CHAIRPERSON, AND EACH MEMBER SHALL BE ENTITLED TO CAST ONE VOTE. EACH
BOROUGH PRESIDENT OF THE CITY OF NEW YORK SHALL APPOINT ONE VOTING
MEMBER WHO SHALL BE ENTITLED TO CAST A HALF VOTE. THE PUBLIC ADVOCATE OF
THE CITY OF NEW YORK SHALL APPOINT ONE VOTING MEMBER WHO SHALL BE ENTI-
TLED TO CAST A HALF VOTE. THE TWO NON-VOTING MEMBERS SHALL BE APPOINTED
BY THE MAYOR. THE FIRST NON-VOTING MEMBER SHALL BE A REGULAR MASS TRANS-
IT USER OF THE FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE
MAYOR OF THE CITY OF NEW YORK BY THE PERMANENT CITIZENS ADVISORY COMMIT-
TEE ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-NINE-M OF
THIS TITLE. THE SECOND NON-VOTING MEMBER SHALL BE RECOMMENDED TO THE
MAYOR BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF EMPLOYEES
OF THE AUTHORITY. THE CHAIRPERSON, AT SUCH CHAIRPERSON'S DIRECTION, MAY
EXCLUDE SUCH NON-VOTING MEMBER FROM ATTENDING ANY PORTION OF A MEETING
OF THE AUTHORITY OR OF ANY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION THREE OF THIS SECTION HELD FOR THE PURPOSE OF
S. 5555 68
DISCUSSING NEGOTIATIONS WITH LABOR ORGANIZATIONS. THE CHAIRPERSON AND
EACH OF THE MEMBERS SHALL BE APPOINTED FOR A TERM OF THREE YEARS.
(B) EACH MEMBER SHALL BE SUBJECT TO THE CONFLICT OF INTEREST BOARD
ESTABLISHED BY SECTION TWENTY-SIX HUNDRED TWO OF THE NEW YORK CITY CHAR-
TER AS PUBLIC SERVANTS CHARGED WITH SUBSTANTIAL POLICY DISCRETION.
(C) VACANCIES OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE
FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS FOR THE BALANCE OF
THE UNEXPIRED TERM.
2. THE CHAIRPERSON 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 CHAIRPERSON, SHALL BE ENTITLED
TO REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF SUCH MEMBER'S OFFICIAL DUTIES.
3. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
CHAIRPERSON SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY AND
SHALL BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRA-
TIVE FUNCTIONS AND POWERS OF THE AUTHORITY. THE CHAIRPERSON MAY APPOINT
AN EXECUTIVE DIRECTOR AND SUCH OTHER OFFICIALS AND EMPLOYEES AS SHALL IN
SUCH CHAIRPERSON'S JUDGMENT BE NEEDED TO DISCHARGE THE EXECUTIVE AND
ADMINISTRATIVE FUNCTIONS AND POWERS OF THE AUTHORITY.
(B) THE CHAIRPERSON SHALL ESTABLISH COMMITTEES TO ASSIST SUCH CHAIR-
PERSON IN THE PERFORMANCE OF SUCH CHAIRPERSON'S 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 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY; A COMMITTEE ON
FINANCE; A COMMITTEE ON CAPITAL PROGRAM OVERSIGHT; AND A COMMITTEE ON
SAFETY. IN ADDITION TO SUCH APPOINTED MEMBERS, EACH OF THE NON-VOTING
MEMBERS SHALL SERVE ON THE COMMITTEE ON CAPITAL PROGRAM OVERSIGHT, THE
COMMITTEE ON FINANCE, THE COMMITTEE ON SAFETY, AND THE COMMITTEE ON
OPERATIONS OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. THE COMMITTEE
ON CAPITAL PROGRAM OVERSIGHT 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, 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 CUSTOMERS, EMPLOYEES, AND 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
MAYOR AS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-V OF THIS
TITLE;
(II) MONITOR THE CONTRACT AWARDS OF THE BIG APPLE TRANSIT AUTHORITY
AND THE NEW YORK CITY TRANSIT AUTHORITY TO ENSURE 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;
S. 5555 69
(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 THIRTEEN HUNDRED FORTY-
NINE-V 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.
(C) THE CAPITAL PROGRAM COMMITTEE SHALL ISSUE A QUARTERLY REPORT ON
ITS ACTIVITIES AND FINDINGS, AND SHALL IN CONNECTION WITH THE PREPARA-
TION OF SUCH QUARTERLY REPORT, CONSULT WITH THE CITY DEPARTMENT OF
TRANSPORTATION, THE MAYOR, AND ANY OTHER GROUP THE COMMITTEE DEEMS RELE-
VANT, 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
MAYOR, AND THE DIRECTORS OF THE MUNICIPAL ASSISTANCE CORPORATION FOR THE
CITY OF NEW YORK.
(D) THE 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.
(E) 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 CHAIRPERSON SHALL NOT PARTICIPATE IN ESTABLISH-
ING AUTHORITY POLICIES REGARDING THE PAYMENT OF SALARY, COMPENSATION AND
REIMBURSEMENT TO, NOR ESTABLISH RULES FOR THE TIME AND ATTENDANCE OF,
THE CHIEF EXECUTIVE OFFICER. THE SALARY OF THE CHAIRPERSON, AS DETER-
MINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SHALL ALSO BE COMPEN-
SATION FOR ALL SERVICES PERFORMED AS CHIEF EXECUTIVE OFFICER.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS OR ANY OTHER
LAW, GENERAL, SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR
OF ANY PUBLIC CORPORATION AS DEFINED IN THE GENERAL CORPORATION LAW,
SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT SUCH OFFICER OR
EMPLOYEE'S OFFICE OR EMPLOYMENT OR ANY BENEFITS PROVIDED UNDER THE
RETIREMENT AND SOCIAL SECURITY LAW OR UNDER ANY PUBLIC RETIREMENT SYSTEM
MAINTAINED BY THE STATE OR ANY OF ITS SUBDIVISIONS BY REASON OF SUCH
OFFICER OR EMPLOYEE'S ACCEPTANCE OF A POSITION OF MEMBER OR CHAIRPERSON
OF THE AUTHORITY; PROVIDED, HOWEVER, A MEMBER OR CHAIRPERSON WHO HOLDS
SUCH OTHER PUBLIC OFFICE OR EMPLOYMENT SHALL RECEIVE NO ADDITIONAL
COMPENSATION FOR SERVICES RENDERED PURSUANT TO THIS TITLE, BUT SHALL BE
ENTITLED TO REIMBURSEMENT FOR SUCH MEMBER OR CHAIRPERSON'S ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF SUCH SERVICES.
5. THE MAYOR MAY REMOVE ANY MEMBER FOR INEFFICIENCY, NEGLECT OF DUTY,
BREACH OF FIDUCIARY DUTY OR MISCONDUCT IN OFFICE AFTER GIVING THE MEMBER
A COPY OF THE CHARGES AGAINST THE MEMBER AND AN OPPORTUNITY TO BE HEARD,
S. 5555 70
IN PERSON OR BY COUNSEL IN THE MEMBER'S DEFENSE, UPON NOT LESS THAN TEN
DAYS' NOTICE. IF ANY MEMBER SHALL BE SO REMOVED, THE MAYOR SHALL FILE A
COMPLETE STATEMENT OF CHARGES MADE AGAINST SUCH MEMBER, AND HIS OR HER
FINDINGS THEREON, TOGETHER WITH A COMPLETE RECORD OF THE PROCEEDINGS.
6. THE AUTHORITY SHALL CONTINUE SO LONG AS IT SHALL HAVE BONDS OR
OTHER OBLIGATIONS OUTSTANDING AND UNTIL ITS EXISTENCE SHALL BE TERMI-
NATED BY LAW. UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE CITY.
7. WHENEVER THE AUTHORITY CAUSES NOTICES OF HEARINGS ON PROPOSED
CHANGES IN SERVICES OR FARES TO BE POSTED PURSUANT TO THIS SECTION OR
ANY STATUTE, REGULATION, OR AUTHORITY POLICY, OR WHERE IT VOLUNTARILY
POSTS SUCH NOTICES, SUCH NOTICES SHALL:
(A) BE WRITTEN IN A CLEAR AND COHERENT MANNER USING WORDS WITH COMMON
AND EVERY DAY MEANING;
(B) BE CAPTIONED IN LARGE POINT TYPE BOLD LETTERING WITH A TITLE THAT
FAIRLY AND ACCURATELY CONVEYS THE BASIC NATURE OF SUCH CHANGE OR CHANG-
ES;
(C) WHERE SUCH CHANGE INVOLVES A PROPOSED CHANGE IN LEVELS OF FARE,
INCLUDE IN ITS TITLE THE RANGE OF AMOUNTS OF FARE CHANGES UNDER CONSID-
ERATION;
(D) CONTAIN, TO THE EXTENT PRACTICABLE, A CONCISE DESCRIPTION OF THE
SPECIFIC NATURE OF THE CHANGE OR CHANGES, INCLUDING BUT NOT LIMITED TO A
CONCISE DESCRIPTION OF THOSE CHANGES THAT AFFECT THE LARGEST NUMBER OF
PASSENGERS;
(E) WHERE SUCH CHANGE INVOLVES A CHANGE IN THE NATURE OF A ROUTE,
CONTAIN, TO THE EXTENT PRACTICABLE, A CLEAR GRAPHIC ILLUSTRATION OF SUCH
CHANGE OR CHANGES; AND
(F) WHERE SUCH CHANGE INVOLVES A PARTIAL OR COMPLETE STATION CLOSING,
SUCH NOTICE SHALL BE POSTED AT THE AFFECTED STATION WITH A CLEAR GRAPHIC
ILLUSTRATION DEPICTING THE NATURE OF ANY CLOSING FOR SUCH STATION.
§ 1349-D. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY
SHALL BE THE CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF COMMU-
TER TRANSPORTATION AND OTHER SERVICES RELATED THERETO WITHIN THE CITY OF
NEW YORK, INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAILROAD,
OMNIBUS, MARINE AND AIR, IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE. IT SHALL BE THE FURTHER PURPOSE OF THE AUTHORITY, CONSISTENT WITH
ITS STATUS AS THE EX OFFICIO BOARD OF BOTH THE NEW YORK CITY TRANSIT
AUTHORITY AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, TO DEVELOP AND
IMPLEMENT A UNIFIED MASS TRANSPORTATION POLICY FOR THE CITY IN AN EFFI-
CIENT AND COST-EFFECTIVE MANNER THAT INCLUDES THE USE OF DESIGN-BUILD
CONTRACTING ON ALL APPROPRIATE PROJECTS.
2. IT IS HEREBY FOUND AND DECLARED THAT SUCH PURPOSES ARE IN ALL
RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE CITY OF NEW YORK AND THE
AUTHORITY SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERNMENTAL
FUNCTION IN CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS
GRANTED BY THIS TITLE.
§ 1349-E. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE LIMITED
BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3. TO BORROW MONEY, TO ISSUE NEGOTIABLE NOTES, BONDS OR OTHER OBLI-
GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF, AND TO
FINANCE OR REFINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO
ANY OTHER PERSON OR ENTITY, PUBLIC OR PRIVATE, OF THE PLANNING, DESIGN,
ACQUISITION, CONSTRUCTION, IMPROVEMENT, RECONSTRUCTION OR REHABILITATION
OF ANY TRANSPORTATION FACILITY;
S. 5555 71
4. TO INVEST ANY FUNDS, ACCOUNTS OR OTHER MONIES NOT REQUIRED FOR
IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE AUTHORITY IN:
(A) OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT;
(B) OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY
THE STATE OR THE UNITED STATES GOVERNMENT;
(C) CERTIFICATES OF DEPOSIT OF BANKS OR TRUST COMPANIES IN THIS STATE,
SECURED, IF THE AUTHORITY SHALL SO REQUIRE, BY OBLIGATIONS OF THE UNITED
STATES OR OF THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES
TO THE AMOUNT OF THE DEPOSIT;
(D) BANKER'S ACCEPTANCES WITH A MATURITY OF NINETY DAYS OR LESS WHICH
ARE ELIGIBLE FOR PURCHASE BY THE FEDERAL RESERVE BANKS AND WHOSE RATING
AT THE TIME OF PURCHASE IS IN THE HIGHEST RATING CATEGORY OF TWO
NATIONALLY RECOGNIZED INDEPENDENT RATING AGENCIES, PROVIDED, HOWEVER,
THAT THE AMOUNT OF BANKER'S ACCEPTANCES OF ANY ONE BANK SHALL NOT EXCEED
TWO HUNDRED FIFTY MILLION DOLLARS;
(E) OBLIGATIONS OF ANY BANK OR CORPORATION CREATED UNDER THE LAWS OF
EITHER THE UNITED STATES OR ANY STATE OF THE UNITED STATES MATURING
WITHIN TWO HUNDRED SEVENTY DAYS, PROVIDED THAT SUCH OBLIGATIONS RECEIVE
THE HIGHEST RATING OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGEN-
CIES AND, PROVIDED FURTHER, THAT NO MORE THAN TWO HUNDRED FIFTY MILLION
DOLLARS MAY BE INVESTED IN SUCH OBLIGATIONS OF ANY ONE BANK OR CORPO-
RATION;
(F) AS TO ANY SUCH MONEYS HELD IN RESERVE AND SINKING FUNDS, OTHER
SECURITIES IN WHICH THE TRUSTEE OR TRUSTEES OF ANY PUBLIC RETIREMENT
SYSTEM OR PENSION FUND HAS THE POWER TO INVEST THE MONIES THEREOF PURSU-
ANT TO ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY LAW, EACH
SUCH RESERVE AND SINKING FUND BEING TREATED AS A SEPARATE FUND FOR THE
PURPOSES OF ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY LAW;
(G) NOTES, BONDS, DEBENTURES, MORTGAGES AND OTHER EVIDENCES OF INDEBT-
EDNESS, ISSUED OR GUARANTEED AT THE TIME OF THE INVESTMENT BY THE UNITED
STATES POSTAL SERVICE, THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, THE
FEDERAL HOME LOAN MORTGAGE CORPORATION, THE STUDENT LOAN MARKETING ASSO-
CIATION, THE FEDERAL FARM CREDIT SYSTEM, OR ANY OTHER UNITED STATES
GOVERNMENT SPONSORED AGENCY, PROVIDED THAT AT THE TIME OF THE INVESTMENT
SUCH AGENCY OR ITS OBLIGATIONS ARE RATED AND THE AGENCY RECEIVES, OR ITS
OBLIGATIONS RECEIVE, THE HIGHEST RATING OF ALL INDEPENDENT RATING AGEN-
CIES THAT RATE SUCH AGENCY OR ITS OBLIGATIONS, PROVIDED, HOWEVER, THAT
NO MORE THAN TWO HUNDRED FIFTY MILLION DOLLARS OR SUCH GREATER AMOUNT AS
MAY BE AUTHORIZED FOR INVESTMENT BY THE STATE COMPTROLLER PURSUANT TO
SECTION NINETY-THREE OF THE STATE FINANCE LAW MAY BE INVESTED IN THE
OBLIGATIONS OF ANY ONE AGENCY;
(H) GENERAL OBLIGATION BONDS AND NOTES OF ANY STATE OTHER THAN THE
STATE, PROVIDED THAT SUCH BONDS AND NOTES RECEIVE THE HIGHEST RATING OF
AT LEAST ONE INDEPENDENT RATING AGENCY, AND BONDS AND NOTES OF ANY COUN-
TY, TOWN, CITY, VILLAGE, FIRE DISTRICT OR SCHOOL DISTRICT OF THE STATE,
PROVIDED THAT SUCH BONDS AND NOTES RECEIVE EITHER OF THE TWO HIGHEST
RATINGS OF AT LEAST TWO INDEPENDENT RATING AGENCIES;
(I) MUTUAL FUNDS REGISTERED WITH THE UNITED STATES SECURITIES AND
EXCHANGE COMMISSION WHOSE INVESTMENTS ARE LIMITED TO OBLIGATIONS OF THE
STATE DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, OBLIGATIONS THE
PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE DESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION, AND THOSE SECURITIES DESCRIBED IN
THIS PARAGRAPH AND THAT HAVE RECEIVED THE HIGHEST RATING OF AT LEAST ONE
INDEPENDENT RATING AGENCY, PROVIDED THAT THE AGGREGATE AMOUNT INVESTED
AT ANY ONE TIME IN ALL SUCH MUTUAL FUNDS SHALL NOT EXCEED TEN MILLION
DOLLARS, AND, PROVIDED FURTHER, THAT THE AUTHORITY SHALL NOT INVEST SUCH
S. 5555 72
FUNDS, ACCOUNTS OR OTHER MONIES IN ANY MUTUAL FUND FOR LONGER THAN THIR-
TY DAYS; AND
(J) FINANCIAL CONTRACTS IN A FOREIGN CURRENCY ENTERED INTO FOR THE
PURPOSE OF MINIMIZING THE FOREIGN CURRENCY EXCHANGE RISK OF THE PURCHASE
PRICE OF A CONTRACT WITH A VENDOR CHOSEN THROUGH COMPETITIVE PROCESS FOR
THE ACQUISITION OF CAPITAL ASSETS FOR THE BENEFIT OF THE CAPITAL PROGRAM
OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR THE TRANSIT CAPITAL
PROGRAM;
5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
6. TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRUMENTS
NECESSARY OR CONVENIENT;
(A) WITH RESPECT TO ANY LEASE TRANSACTION ENTERED INTO PURSUANT TO
SECTION 168(F)(8) OF THE UNITED STATES INTERNAL REVENUE CODE OR ANY
SUCCESSOR PROVISIONS, THE AUTHORITY SHALL MEET THE FOLLOWING STANDARDS
AND PROCEDURES:
(I) NOTICE OF INTENTION TO NEGOTIATE SHALL BE PUBLISHED IN AT LEAST
ONE NEWSPAPER OF GENERAL CIRCULATION, AND A COPY THEREOF SHALL BE MAILED
TO ALL PARTIES WHO HAVE REQUESTED NOTIFICATION FROM THE AUTHORITY TO
ENGAGE IN TRANSACTIONS OF THIS TYPE, AND SUCH NOTICE SHALL DESCRIBE THE
NATURE OF THE PROPOSED TRANSACTION AND THE FACTORS SUBJECT TO NEGOTI-
ATION, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PRICE TO BE PAID
TO THE AUTHORITY;
(II) THE AUTHORITY SHALL NEGOTIATE WITH THOSE RESPONDENTS WHOSE
RESPONSE COMPLIES WITH THE REQUIREMENTS SET FORTH IN THE NOTICE;
(III) THE BOARD OF THE AUTHORITY SHALL RESOLVE ON THE BASIS OF PARTI-
CULARIZED FINDINGS RELEVANT TO THE FACTORS NEGOTIATED THAT SUCH TRANS-
ACTION WILL PROVIDE MAXIMUM AVAILABLE FINANCIAL BENEFITS, CONSISTENT
WITH OTHER DEFINED OBJECTIVES AND REQUIREMENTS;
(B) THE AUTHORITY SHALL PROVIDE TO THE MAYOR, CITY COUNCIL, AND ALL
BOROUGH PRESIDENTS OF THE BOROUGHS IN WHICH THE LEASED PROPERTY IS SITU-
ATED, NOTICE OF EACH LEASE ENTERED INTO PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION AND SUPPORTING DOCUMENTATION OF COMPLIANCE BY THE
AUTHORITY WITH SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH (A) OF
THIS SUBDIVISION;
(C) PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL BE OF NO FORCE
AND EFFECT WITH RESPECT TO ANY LEASE TRANSACTION ENTERED INTO PURSUANT
TO A COMMITMENT APPROVED PRIOR THE EFFECTIVE DATE OF THIS SECTION BY THE
BOARD OF THE METROPOLITAN TRANSPORTATION AUTHORITY;
7. TO ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
EXERCISE OF ITS POWERS;
8. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
PERFORMANCE OF ITS DUTIES, AND TO FIX AND DETERMINE THEIR QUALIFICA-
TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY COUNSEL, AUDI-
TORS, ENGINEERS, AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHER-
WISE FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
9. (A) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE RETIREMENT
AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
ITY AND ANY OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE OR PROVIDE TO
ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
OTHER BENEFITS PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL PURSUANT TO
FEDERAL OR STATE LAW;
(B) THE AUTHORITY AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPO-
RATIONS MAY BE A "PARTICIPATING EMPLOYER" IN THE NEW YORK CITY EMPLOY-
EES' RETIREMENT SYSTEM WITH RESPECT TO ONE OR MORE CLASSES OF OFFICERS
S. 5555 73
AND EMPLOYEES OF SUCH AUTHORITY OR ANY SUCH PUBLIC BENEFIT SUBSIDIARY
CORPORATION, AS MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY OR ANY
SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE, OR ANY
SUBSEQUENT AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY
SUCH COMPTROLLER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND
SOCIAL SECURITY LAW. IN TAKING ANY ACTION PURSUANT TO THIS PARAGRAPH,
THE AUTHORITY AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPORATIONS
SHALL CONSIDER THE COVERAGES AND BENEFITS CONTINUED OR PROVIDED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION;
10. TO MAKE PLANS, SURVEYS, AND STUDIES NECESSARY, CONVENIENT OR
DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
11. TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
THE AUTHORITY AS MAY BE NECESSARY, CONVENIENT OR DESIRABLE FOR THE
PURPOSE OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOM-
PLISH ANY PURPOSE AUTHORIZED BY THIS TITLE, THE AUTHORITY BEING LIABLE
FOR ACTUAL DAMAGE DONE;
12. TO CONDUCT INVESTIGATIONS AND HEARINGS IN THE FURTHERANCE OF ITS
GENERAL PURPOSES, AND IN AID THEREOF HAVE ACCESS TO ANY BOOKS, RECORDS
OR PAPERS RELEVANT THERETO; AND IF ANY PERSON WHOSE TESTIMONY SHALL BE
REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF THE AUTHORITY SHALL
FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY IN THE CONDUCT OF ANY
INVESTIGATION OR HEARING, OR TO PRODUCE ANY RELEVANT BOOKS, RECORDS OR
OTHER PAPERS, THE AUTHORITY IS AUTHORIZED TO APPLY FOR PROCESS OF
SUBPOENA, TO ISSUE OUT OF ANY COURT OF GENERAL ORIGINAL JURISDICTION
WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
13. A COPY OF ANY REPORT SUBMITTED BY THE AUTHORITY PURSUANT TO
SECTIONS TWENTY-EIGHT HUNDRED, TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT
HUNDRED TWO OF THIS CHAPTER SHALL BE FORWARDED TO THE MAYOR AND TO THE
SPEAKER OF THE CITY COUNCIL; AND
14. TO DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE.
§ 1349-F. CONTRACTS. 1. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, ALL PURCHASE CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT
INVOLVING AN ESTIMATED EXPENDITURE IN EXCESS OF ONE MILLION DOLLARS AND
ALL CONTRACTS FOR PUBLIC WORK INVOLVING AN ESTIMATED EXPENDITURE IN
EXCESS OF ONE MILLION DOLLARS SHALL BE AWARDED BY THE AUTHORITY TO THE
LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS IN THE MANNER
HEREINAFTER SET FORTH. FOR PURPOSES HEREOF, CONTRACTS FOR PUBLIC WORK
SHALL EXCLUDE CONTRACTS FOR PERSONAL, ENGINEERING AND ARCHITECTURAL, OR
PROFESSIONAL SERVICES. THE AUTHORITY MAY REJECT ALL BIDS AND OBTAIN NEW
BIDS IN THE MANNER PROVIDED BY THIS SECTION WHEN IT IS DEEMED IN THE
PUBLIC INTEREST TO DO SO OR, IN CASES WHERE TWO OR MORE RESPONSIBLE
BIDDERS SUBMIT IDENTICAL BIDS WHICH ARE THE LOWEST BIDS, AWARD THE
CONTRACT TO ANY OF SUCH BIDDERS OR OBTAIN NEW BIDS FROM SUCH BIDDERS.
NOTHING IN THIS PARAGRAPH SHALL OBLIGATE THE AUTHORITY TO SEEK NEW BIDS
AFTER THE REJECTION OF BIDS OR AFTER CANCELLATION OF AN INVITATION TO
BID. NOTHING IN THIS SECTION SHALL PROHIBIT THE EVALUATION OF BIDS ON
THE BASIS OF COSTS OR SAVINGS INCLUDING LIFE CYCLE COSTS OF THE ITEM TO
BE PURCHASED, DISCOUNTS, AND INSPECTION SERVICES SO LONG AS THE INVITA-
TION TO BID REASONABLY SETS FORTH THE CRITERIA TO BE USED IN EVALUATING
SUCH COSTS OR SAVINGS. LIFE CYCLE COSTS MAY INCLUDE BUT SHALL NOT BE
LIMITED TO COSTS OR SAVINGS ASSOCIATED WITH INSTALLATION, ENERGY USE,
MAINTENANCE, OPERATION AND SALVAGE OR DISPOSAL.
(B) SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL
APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND,
S. 5555 74
IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE,
PROVIDED:
(I) THAT A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF
ONE MILLION DOLLARS OR LESS SHALL NOT REQUIRE APPROVAL BY THE BOARD OF
THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE
SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A CONTRACT FOR SERVICES
IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE MILLION DOLLARS OR MORE SHALL
REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH
OF THE PERIOD OVER WHICH THE SERVICES ARE RENDERED UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING
SEALED BIDS; AND
(II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES
THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO
SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSUANT TO ARTICLE
SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE
LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECYCLED OR REMANUFAC-
TURED, IN AN AMOUNT NOT TO EXCEED ONE MILLION DOLLARS WITHOUT A FORMAL
COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. THE BOARD OF THE
AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL BE MADE PUBLICLY AVAILABLE
FOR THE AWARDING OF SUCH CONTRACT WITHOUT A FORMAL COMPETITIVE PROCESS.
2. (A) ADVERTISEMENT FOR BIDS, WHEN REQUIRED BY THIS SECTION, SHALL BE
PUBLISHED AT LEAST ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
AREA SERVED BY THE AUTHORITY AND IN THE PROCUREMENT OPPORTUNITIES NEWS-
LETTER PUBLISHED PURSUANT TO ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
LAW PROVIDED THAT, NOTWITHSTANDING THE PROVISIONS OF SUCH ARTICLE, AN
ADVERTISEMENT SHALL ONLY BE REQUIRED FOR A PURCHASE CONTRACT FOR
SUPPLIES, MATERIALS OR EQUIPMENT WHEN REQUIRED BY THIS SECTION. PUBLI-
CATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA SERVED OR IN
THE PROCUREMENT OPPORTUNITIES NEWSLETTER SHALL NOT BE REQUIRED IF BIDS
FOR CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT ARE OF A TYPE REGU-
LARLY PURCHASED BY THE AUTHORITY AND ARE TO BE SOLICITED FROM A LIST OF
POTENTIAL SUPPLIERS, IF SUCH LIST IS OR HAS BEEN DEVELOPED CONSISTENT
WITH THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION. ANY SUCH ADVER-
TISEMENT SHALL CONTAIN A STATEMENT OF:
(I) THE TIME AND PLACE WHERE BIDS RECEIVED PURSUANT TO ANY NOTICE
REQUESTING SEALED BIDS WILL BE PUBLICLY OPENED AND READ;
(II) THE NAME OF THE CONTRACTING AGENCY;
(III) THE CONTRACT IDENTIFICATION NUMBER;
(IV) A BRIEF DESCRIPTION OF THE PUBLIC WORK, SUPPLIES, MATERIALS, OR
EQUIPMENT SOUGHT, THE LOCATION WHERE WORK IS TO BE PERFORMED, GOODS ARE
TO BE DELIVERED OR SERVICES PROVIDED AND THE CONTRACT TERM;
(V) THE ADDRESS WHERE BIDS OR PROPOSALS ARE TO BE SUBMITTED;
(VI) THE DATE WHEN BIDS OR PROPOSALS ARE DUE;
(VII) A DESCRIPTION OF ANY ELIGIBILITY OR QUALIFICATION REQUIREMENT OR
PREFERENCE;
(VIII) A STATEMENT AS TO WHETHER THE CONTRACT REQUIREMENTS MAY BE
FULFILLED BY A SUBCONTRACTING, JOINT VENTURE, OR CO-PRODUCTION ARRANGE-
MENT;
(IX) ANY OTHER INFORMATION DEEMED USEFUL TO POTENTIAL CONTRACTORS; AND
(X) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE PERSON TO BE
CONTACTED FOR ADDITIONAL INFORMATION. AT LEAST FIFTEEN BUSINESS DAYS
SHALL ELAPSE BETWEEN THE FIRST PUBLICATION OF SUCH ADVERTISEMENT OR THE
SOLICITATION OF BIDS, AS THE CASE MAY BE, AND THE DATE OF OPENING AND
READING OF BIDS.
S. 5555 75
(B) THE AUTHORITY MAY DESIGNATE ANY OFFICER OR EMPLOYEE TO OPEN THE
BIDS AT THE TIME AND PLACE BIDS ARE TO BE OPENED AND MAY DESIGNATE AN
OFFICER TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER. SUCH
DESIGNEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS THE
AUTHORITY SHALL PRESCRIBE. ALL BIDS RECEIVED SHALL BE PUBLICLY OPENED
AND READ AT THE TIME AND PLACE SPECIFIED IN THE ADVERTISEMENT OR AT THE
TIME OF SOLICITATION, OR TO WHICH THE OPENING AND READING HAVE BEEN
ADJOURNED BY THE AUTHORITY. ALL BIDDERS SHALL BE NOTIFIED OF THE TIME
AND PLACE OF ANY SUCH ADJOURNMENT.
3. NOTWITHSTANDING THE FOREGOING, THE AUTHORITY MAY, BY RESOLUTION
APPROVED BY A TWO-THIRDS VOTE, OR BY A MAJORITY VOTE WITH RESPECT TO
CONTRACTS PROPOSED TO BE LET PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION, DECLARE THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPROPRIATE
BECAUSE OF THE EXISTENCE OF ANY OF THE CIRCUMSTANCES HEREINAFTER SET
FORTH AND THEREAFTER THE AUTHORITY MAY PROCEED TO AWARD CONTRACTS WITH-
OUT COMPLYING WITH THE REQUIREMENTS OF SUBDIVISION ONE OR TWO OF THIS
SECTION. IN EACH CASE WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING
IMPRACTICAL OR INAPPROPRIATE, IT SHALL STATE THE REASON THEREFOR IN
WRITING AND SUMMARIZE ANY NEGOTIATIONS THAT HAVE BEEN CONDUCTED. EXCEPT
FOR CONTRACTS AWARDED PURSUANT TO PARAGRAPHS (A), (B), (C) AND (E) OF
THIS SUBDIVISION, THE AUTHORITY SHALL NOT AWARD ANY CONTRACT PURSUANT TO
THIS SUBDIVISION EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE
AUTHORITY DECLARES THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPRO-
PRIATE. COMPETITIVE BIDDING MAY ONLY BE DECLARED IMPRACTICAL OR INAPPRO-
PRIATE WHERE:
(A) THE EXISTENCE OF AN EMERGENCY INVOLVING DANGER TO LIFE, SAFETY OR
PROPERTY REQUIRES IMMEDIATE ACTION AND CANNOT AWAIT COMPETITIVE BIDDING
OR THE ITEM TO BE PURCHASED IS ESSENTIAL TO EFFICIENT OPERATION OR THE
ADEQUATE PROVISION OF SERVICE AND AS A CONSEQUENCE OF AN UNFORESEEN
CIRCUMSTANCE SUCH PURCHASE CANNOT AWAIT COMPETITIVE BIDDING;
(B) THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE RESPONSI-
BLE SOURCE, PROVIDED THAT IF BIDS HAVE NOT BEEN SOLICITED FOR SUCH ITEM
PURSUANT TO SUBDIVISION ONE OF THIS SECTION WITHIN THE PRECEDING TWELVE
MONTHS PUBLIC NOTICE SHALL FIRST BE GIVEN PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION;
(C) THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR ONLY A SINGLE RESPON-
SIVE BID IN RESPONSE TO AN INVITATION FOR COMPETITIVE BIDS;
(D) THE AUTHORITY WISHES TO EXPERIMENT WITH OR TEST A PRODUCT OR TECH-
NOLOGY OR NEW SOURCE FOR SUCH PRODUCT OR TECHNOLOGY OR EVALUATE THE
SERVICE OR RELIABILITY OF SUCH PRODUCT OR TECHNOLOGY;
(E) THE ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A
VENDOR AND: (I) ANOTHER PUBLIC AUTHORITY PROVIDED THAT SUCH OTHER
AUTHORITY UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF
COMPETITIVE REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS; (II) NASSAU
COUNTY; (III) THE STATE OF NEW YORK; OR (IV) THE CITY OF NEW YORK,
PROVIDED THAT IN ANY CASE WHEN UNDER THIS PARAGRAPH THE AUTHORITY DETER-
MINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST
AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE AUTHORITY SHALL
ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF
THE AUTHORITY'S ORDER;
(F) THE AUTHORITY DETERMINES THAT IT IS IN THE PUBLIC INTEREST TO
AWARD CONTRACTS PURSUANT TO A PROCESS FOR COMPETITIVE REQUESTS FOR
PROPOSALS AS HEREINAFTER SET FORTH. FOR PURPOSES OF THIS SECTION, A
PROCESS FOR COMPETITIVE REQUESTS FOR PROPOSALS SHALL MEAN A METHOD OF
SOLICITING PROPOSALS AND AWARDING A CONTRACT ON THE BASIS OF A FORMAL
EVALUATION OF THE CHARACTERISTICS, SUCH AS QUALITY, COST, DELIVERY SCHE-
S. 5555 76
DULE AND FINANCING OF SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA.
PUBLIC NOTICE OF THE REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME
MANNER AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION AND SHALL INCLUDE
THE SELECTION CRITERIA. IN THE EVENT THE AUTHORITY MAKES A MATERIAL
CHANGE IN THE SELECTION CRITERIA FROM THOSE PREVIOUSLY STATED IN THE
NOTICE, IT WILL INFORM ALL PROPOSERS OF SUCH CHANGE AND PERMIT PROPOSERS
TO MODIFY THEIR PROPOSALS;
(I) EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION DOLLARS
OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPOSER WHOSE
PROPOSAL IS THE LOWEST COST, THE AUTHORITY MAY AWARD A CONTRACT PURSUANT
TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A TWO-THIRDS VOTE
OF THE BOARD AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION:
(A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS;
(B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF
ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS; AND
(C) SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE
PROVIDED HOWEVER THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY,
AT ITS DISCRETION, REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS
WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS;
(II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE (A) NEGOTI-
ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE
REQUEST FOR PROPOSALS, OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION;
(G) THE AUTHORITY ISSUES A COMPETITIVE REQUEST FOR PROPOSALS PURSUANT
TO THE PROCEDURES OF PARAGRAPH (F) OF THIS SUBDIVISION FOR THE PURCHASE
OR REHABILITATION OF RAIL CARS AND OMNIBUSES. ANY SUCH REQUEST MAY
INCLUDE AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL OR A
PORTION OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR THE USE
OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK,
PROVIDED HOWEVER THAT IN NO EVENT SHALL THE AUTHORITY AWARD A CONTRACT
TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT COST IS MORE
THAN TEN PERCENT HIGHER THAN THE UNIT COST OF ANY QUALIFIED COMPETING
FINAL OFFER, IF THE SOLE BASIS FOR SUCH AWARD IS THAT THE HIGHER PRICED
OFFER INCLUDES A MORE FAVORABLE PROVISION FOR THE PERFORMANCE OF THE
CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS PRODUCED OR
SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND FURTHER PROVIDED
THAT THE AUTHORITY'S DISCRETION TO AWARD A CONTRACT TO ANY MANUFACTURER
SHALL NOT BE SO LIMITED IF A BASIS FOR SUCH AWARD, AS DETERMINED BY THE
AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE, LIFE CYCLE, RELI-
ABILITY, OR ANY OTHER FACTOR THE AUTHORITY DEEMS RELEVANT TO ITS OPER-
ATIONS;
(I) EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION DOLLARS
OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPOSER WHOSE
PROPOSAL IS THE LOWEST COST, THE AUTHORITY MAY AWARD A CONTRACT PURSUANT
TO THIS PARAGRAPH ONLY AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS
THAN A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING
OF THE AUTHORITY WITH SUCH RESOLUTION: (A) DISCLOSING THE OTHER PROPO-
SERS AND THE SUBSTANCE OF THEIR PROPOSALS; (B) SUMMARIZING THE NEGOTI-
ATION PROCESS INCLUDING THE OPPORTUNITIES, IF ANY, AVAILABLE TO PROPO-
SERS TO PRESENT AND MODIFY THEIR PROPOSALS; AND (C) SETTING FORTH THE
CRITERIA UPON WHICH THE SELECTION WAS MADE PROVIDED HOWEVER THAT FOR
PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION, REQUIRE
SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED
MILLION DOLLARS OR LESS;
S. 5555 77
(II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE: (A) NEGOTI-
ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE
REQUEST FOR PROPOSALS; OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
4. UPON THE ADOPTION OF A RESOLUTION BY THE AUTHORITY STATING, FOR
REASONS OF EFFICIENCY, ECONOMY, COMPATIBILITY OR MAINTENANCE RELIABIL-
ITY, THAT THERE IS A NEED FOR STANDARDIZATION, THE AUTHORITY MAY ESTAB-
LISH PROCEDURES WHEREBY PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT ARE
IDENTIFIED ON A QUALIFIED PRODUCTS LIST. SUCH PROCEDURES SHALL PROVIDE
FOR PRODUCTS OR VENDORS TO BE ADDED TO OR DELETED FROM SUCH LIST AND
SHALL INCLUDE PROVISIONS FOR PUBLIC ADVERTISEMENT OF THE MANNER IN WHICH
SUCH LISTS ARE COMPILED. THE AUTHORITY SHALL REVIEW SUCH LIST NO LESS
THAN TWICE A YEAR FOR THE PURPOSE OF MAKING SUCH MODIFICATIONS.
CONTRACTS FOR PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT IDENTIFIED ON
A QUALIFIED PRODUCTS LIST MAY BE AWARDED BY THE AUTHORITY TO THE LOWEST
RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS IN ACCORDANCE WITH THIS
SECTION OR WITHOUT COMPETITIVE SEALED BIDS IN INSTANCES WHEN THE ITEM IS
AVAILABLE FROM ONLY A SINGLE SOURCE, EXCEPT THAT THE AUTHORITY MAY
DISPENSE WITH ADVERTISING PROVIDED THAT IT MAILS COPIES OF THE INVITA-
TION TO BID TO ALL VENDORS OF THE PARTICULAR ITEM ON THE QUALIFIED
PRODUCTS LIST.
5. THE AUTHORITY SHALL COMPILE A LIST OF POTENTIAL SOURCES OF
SUPPLIES, MATERIALS OR EQUIPMENT REGULARLY PURCHASED. THE AUTHORITY
SHALL, BY RESOLUTION, SET FORTH THE PROCEDURES IT HAS ESTABLISHED TO
IDENTIFY NEW SOURCES AND TO NOTIFY SUCH NEW SOURCES OF THE OPPORTUNITY
TO BID FOR CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS OR EQUIP-
MENT. SUCH PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) ADVERTISING IN TRADE JOURNALS;
(B) COOPERATION WITH FEDERAL, STATE AND LOCAL AGENCIES WITHIN ITS AREA
OF OPERATIONS;
(C) PUBLICATION IN THE STATE REGISTER QUARTERLY; AND
(D) PROCEDURES ESTABLISHED PURSUANT TO SUBDIVISION THIRTEEN OF SECTION
THIRTEEN HUNDRED FORTY-NINE-J OF THIS TITLE.
6. THE PROVISIONS OF THIS SECTION SHALL NOT SUPERSEDE ANY OTHER
PROVISIONS OF LAW RELATIVE TO PURCHASES OF PRODUCTS OR DEVICES MANUFAC-
TURED OR PROVIDED BY THE BLIND OR OTHER SEVERELY HANDICAPPED PERSONS, TO
THE INVITATION AND ACCEPTANCE OF BIDS FROM SMALL OR MINORITY BUSINESS
ENTERPRISES OR TO THE PURCHASES OF SUPPLIES, MATERIALS OR EQUIPMENT
THROUGH THE OFFICE OF GENERAL SERVICES. EXCEPT AS MAY OTHERWISE BE
PROVIDED BY LAW OR AS MORE RESTRICTIVELY DEFINED IN THE OFFICIAL POLICY
OR BID SPECIFICATIONS OF THE AUTHORITY, AS USED IN THIS SECTION THE TERM
"SMALL BUSINESS" MEANS A SMALL BUSINESS OR SIMILAR TERM, UNDER FEDERAL
REGULATIONS APPLICABLE TO PROJECTS OF THE AUTHORITY WHICH ARE FEDERALLY
ASSISTED.
7. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF
GOODS, MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER THEIR
BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE
THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL
NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT
HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
8. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PROCUREMENT
MADE BY ANY OTHER PUBLIC ENTITY NOT OTHERWISE REQUIRED BY LAW TO AWARD
CONTRACTS FOR SUCH PURCHASES TO THE LOWEST RESPONSIBLE BIDDER IF SUCH
PURCHASES ARE MADE AT THE SOLE COST AND EXPENSE OF SUCH ENTITY.
S. 5555 78
9. (A) WHENEVER THE COMPTROLLER PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED SEVENTY-NINE-A OF THIS CHAPTER INTENDS TO REQUIRE SUPERVISION IN
THE FORM OF PRIOR REVIEW AND APPROVAL OF A CONTRACT OR CONTRACT AMEND-
MENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THEN SUCH
CONTRACT OR CONTRACT AMENDMENT SHALL BE SUBMITTED TO THE COMPTROLLER BY
THE AUTHORITY FOR APPROVAL AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT
UNLESS IT SHALL FIRST HAVE BEEN APPROVED BY THE COMPTROLLER BUT ONLY IF
THE COMPTROLLER HAS NOTIFIED THE AUTHORITY OF SUCH DETERMINATION WITHIN
THIRTY DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH CONTRACT OR
CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT OR ANY
REVISED REPORT;
(B) IF THE COMPTROLLER HAS TIMELY NOTIFIED THE AUTHORITY AS PROVIDED
IN PARAGRAPH (A) OF THIS SUBDIVISION THAT ANY CONTRACT OR CONTRACT
AMENDMENT SHALL BE SUBJECT TO COMPTROLLER PRIOR REVIEW AND APPROVAL, AND
SUCH CONTRACT OR CONTRACT AMENDMENT HAS BEEN SUBMITTED TO THE COMP-
TROLLER, IT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF
THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED IT WITHIN THIRTY DAYS OF
SUBMISSION TO THE COMPTROLLER.
10. THE AWARD OF CONSTRUCTION CONTRACTS BY THE AUTHORITY SHALL NOT BE
SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED ONE OF THE GENERAL
MUNICIPAL LAW.
§ 1349-G. BIG APPLE TRANSIT AUTHORITY SMALL BUSINESS MENTORING
PROGRAM. 1. AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHER-
WISE:
(A) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
(I) IS INDEPENDENTLY OWNED AND OPERATED; (II) HAS ANNUAL REVENUES NOT
EXCEEDING A FISCAL LIMITATION OF FIVE MILLION DOLLARS OR SUCH LESSER
AMOUNT AS ESTABLISHED BY THE AUTHORITY PURSUANT TO THESE PROVISIONS; AND
(III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY THE CHAIR-
PERSON IN CONSULTATION WITH THE MEMBERS OF THE BIG APPLE TRANSIT AUTHOR-
ITY SMALL BUSINESS MENTORING PROGRAM ADVISORY COMMITTEE. THE CHAIR OF
THE COMMITTEE SHALL BE THE CHIEF DIVERSITY OFFICER OF THE AUTHORITY. THE
AUTHORITY SHALL ESTABLISH A DETAILED DEFINITION IN GENERAL AND SPECIFIC
TO DIFFERENT SEGMENTS OF THE CONSTRUCTION INDUSTRY TO THE EXTENT NECES-
SARY TO REFLECT DIFFERING CHARACTERISTICS OF SUCH SEGMENTS BASED ON THE
CRITERIA USED BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION FOR
LOANS TO SMALL BUSINESSES AS SET FORTH IN SECTIONS 121.301, 121.302,
121.303, 121.304, AND 121.305, OR FOR AWARDING GOVERNMENT PROCUREMENTS
AS SET FORTH IN SECTIONS 121.401, 121.402, 121.403, 121.404, 121.405,
121.406, 121.407, 121.408, 121.409, 121.410, 121.411, 121.412, AND
121.413 OF SUBPART A OF PART 121 OF CHAPTER I OF TITLE 13 OF THE CODE OF
FEDERAL REGULATIONS AS AMENDED, AND SUCH OTHER CRITERIA AS DETERMINED BY
THE AUTHORITY;
(B) "SMALL BUSINESS MENTORING PROGRAM" MEANS A PROGRAM ESTABLISHED BY
THE AUTHORITY PURSUANT TO THESE PROVISIONS TO PROVIDE SMALL BUSINESSES
ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
(I) FOR UP TO FOUR YEARS, TO COMPETE FOR AND, WHERE AWARDED, TO
PERFORM CERTAIN AUTHORITY PUBLIC WORK CONTRACTS TO BE DESIGNATED BY THE
AUTHORITY FOR INCLUSION IN THIS PROGRAM UNDER THIS SUBPARAGRAPH, WITH
THE ASSISTANCE OF AN AUTHORITY-PROVIDED MENTOR, WHICH SHALL BE A FIRM
COMPETITIVELY SELECTED BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION
MANAGEMENT AND MENTORING EXPERIENCE, WITH THE MENTOR TO PROVIDE THE
SMALL BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND MANAGING
AUTHORITY PUBLIC WORK CONTRACTS; AND
(II) FOR A SMALL BUSINESS MENTORING PROGRAM PARTICIPANT WHICH THE
AUTHORITY HAS DETERMINED HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
S. 5555 79
SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER DESIGNATED SMALL BUSI-
NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
FOR INCLUSION UNDER THIS SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM
SUCH AUTHORITY PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF AN
AUTHORITY-PROVIDED MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND MENTOR-
ING EXPERIENCE, WITH THE MENTOR TO PROVIDE THE SMALL BUSINESS WITH
ADVICE AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING AUTHORITY
PUBLIC WORK CONTRACTS, AND (B) AUTHORITY-PROVIDED ASSISTANCE, AS DETER-
MINED BY THE AUTHORITY, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING FOR
PUBLIC WORK CONTRACTS THAT ARE COMPETITIVELY AWARDED PURSUANT TO
PROVISIONS OF LAW OTHER THAN THIS SECTION.
(C) "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A NON-FEDERALLY
FUNDED AUTHORITY PUBLIC WORK CONTRACT DESIGNATED BY THE AUTHORITY, IN AN
ESTIMATED AMOUNT OF NOT MORE THAN ONE MILLION DOLLARS FOR CONTRACTS
UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS SUBDIVISION AND THREE
MILLION DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B)
OF THIS SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE INVITED AND
ACCEPTED ONLY FROM BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS
MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR
THE CONTRACT.
2. (A) THE AUTHORITY MAY ESTABLISH A SMALL BUSINESS MENTORING PROGRAM.
IN CONNECTION THEREWITH, THE AUTHORITY MAY DETERMINE THE CRITERIA PURSU-
ANT TO WHICH A SMALL BUSINESS SHALL BE ELIGIBLE FOR AND SELECTED TO
PARTICIPATE IN THE PROGRAM UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH
(B) OF SUBDIVISION ONE OF THIS SECTION, THE NUMBER OF PARTICIPANTS TO
PARTICIPATE IN EACH OF SUCH COMPONENTS OF THE PROGRAM, THE CRITERIA FOR
THE COMPETITIVE SELECTION OF THE FIRMS THAT WILL PROVIDE SMALL BUSI-
NESSES WITH MENTORING SERVICES, THE ASSIGNMENT OF A MENTOR TO A SPECIFIC
SMALL BUSINESS IN THE SMALL BUSINESS MENTORING PROGRAM, AND THE FUNDING
FOR THE PROGRAM.
(B) UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE CHAIRPERSON OR THE
CHAIRPERSON'S DESIGNEE IS AUTHORIZED, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW:
(I) TO DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL BE SMALL
BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
(II) TO ESTABLISH STANDARDS FOR QUALIFYING SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS MENTORING PROGRAM
CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
(III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
ING PROGRAM CONTRACT SHOULD BE RESTRICTED TO SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS OR PROPOSALS,
HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
(IV) TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
VISION OF THE AUTHORITY, WILL PROVIDE MENTORING SERVICES TO THE SMALL
BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
ASSIGN SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES PARTICIPAT-
ING IN THE PROGRAM;
(V) FOR SMALL BUSINESS MENTORING PROGRAM CONTRACTS, EXCEPT AS SET
FORTH HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF A
PUBLIC WORK CONTRACT PURSUANT TO SECTIONS TWELVE HUNDRED NINE, THIRTEEN
S. 5555 80
HUNDRED FORTY-NINE-F AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAP-
TER AND ANY OTHER PROVISION OF LAW;
(VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
HAVE BEEN AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS TO OBTAIN
ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN CONNECTION
WITH SUCH CONTRACT ONLY NOTWITHSTANDING ANY PROVISION OF SECTION TWO
THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
(VII) FOR SMALL BUSINESSES THAT HAVE BEEN ACCEPTED INTO THE SMALL
BUSINESS MENTORING PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO THE BENEFITS OF SUCH
PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
NICAL ASSISTANCE IN OBTAINING BIDS, PAYMENT AND PERFORMANCE BONDING FOR
AUTHORITY PUBLIC WORK CONTRACTS THAT ARE NOT SMALL BUSINESS MENTORING
PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
3. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION AND ARE CONSIDERED
CAPABLE OF MEETING THE SPECIFICATIONS AND TERMS OF THE INVITATION TO
COMPETE IS LESS THAN THREE, OR IF THE CHAIRPERSON OR THE CHAIRPERSON'S
DESIGNEE DETERMINES THAT ACCEPTANCE OF THE BEST OFFER WILL RESULT IN THE
PAYMENT OF AN UNREASONABLE PRICE, THE AUTHORITY MAY REJECT ALL OFFERS
AND WITHDRAW THE DESIGNATION OF THE CONTRACT AS A SMALL BUSINESS MENTOR-
ING PROGRAM CONTRACT.
(B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION OF CONTRACT AS A SMALL
BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT MADE OFFERS
SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE SAME OR REWRIT-
TEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED AS A SMALL BUSINESS
MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT PERIOD.
4. A MENTOR SHALL PROVIDE SERVICES AND ASSISTANCE TO A SMALL BUSINESS
AS DESIGNATED BY THE AUTHORITY, WHICH MAY INCLUDE THE FOLLOWING:
(A) PROVIDE BUSINESS TRAINING IN THE SKILLS NECESSARY TO OPERATE A
SUCCESSFUL CONSTRUCTION BUSINESS AND TO COMPETE FOR AND PERFORM A PUBLIC
WORK CONTRACT;
(B) PROVIDE TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
OUTCOME IF THE SMALL BUSINESS COMPETES FOR BUT IS NOT AWARDED A
CONTRACT;
(C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
(D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
5. THE AUTHORITY MAY DELEGATE TO THE CHAIRPERSON OR THE CHAIRPERSON'S
DESIGNEE, THE AUTHORITY'S RESPONSIBILITIES SET FORTH IN THIS TITLE.
6. THE SMALL BUSINESS MENTORING PROGRAM CONTRACTS AUTHORIZED BY THIS
LEGISLATION SHALL, FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN AGGRE-
GATE AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL NOT EXCEED
ONE HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS TO
BE SET BY THE CHAIRPERSON.
§ 1349-H. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE THE
PURPOSES OF THIS TITLE:
1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT, GRANT, TRANSFER,
CONTRACT OR LEASE, ANY TRANSPORTATION FACILITY, WHOLLY OR PARTIALLY
WITHIN THE CITY, OR ANY PART THEREOF, OR THE USE THEREOF, AND MAY ENTER
INTO ANY JOINT SERVICE ARRANGEMENTS AS HEREINAFTER PROVIDED. ANY SUCH
ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL BE AUTHORIZED ONLY BY
RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE.
S. 5555 81
2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ITSELF PLAN, DESIGN,
ACQUIRE, ESTABLISH, CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE,
IMPROVE, EXTEND, REHABILITATE OR REPAIR ANY TRANSPORTATION FACILITY, OR
MAY PROVIDE FOR SUCH PLANNING, DESIGN, ACQUISITION, ESTABLISHMENT,
CONSTRUCTION, EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVE-
MENT, EXTENSION, REHABILITATION OR REPAIR BY CONTRACT, LEASE OR OTHER
ARRANGEMENT ON SUCH TERMS AS THE AUTHORITY MAY DEEM NECESSARY, CONVEN-
IENT OR DESIRABLE WITH ANY PERSON, INCLUDING BUT NOT LIMITED TO ANY
COMMON CARRIER OR FREIGHT FORWARDER, THE STATE, ANY STATE AGENCY, THE
FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR INSTRUMENTALITY THERE-
OF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER STATE, THE PORT OF NEW
YORK AUTHORITY OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE
STATE. IN CONNECTION WITH THE OPERATION OF ANY TRANSPORTATION FACILITY,
THE AUTHORITY MAY PLAN, DESIGN, ACQUIRE, ESTABLISH, CONSTRUCT, EFFECTU-
ATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR REPAIR OR MAY
PROVIDE BY CONTRACT, LEASE OR OTHER ARRANGEMENT FOR THE PLANNING,
DESIGN, ACQUISITION, ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERA-
TION, MAINTENANCE, RENOVATION, IMPROVEMENT, EXTENSION OR REPAIR OF ANY
RELATED SERVICES AND ACTIVITIES IT DEEMS NECESSARY, CONVENIENT OR DESIR-
ABLE, INCLUDING BUT NOT LIMITED TO THE TRANSPORTATION AND STORAGE OF
FREIGHT AND THE UNITED STATES MAIL, FEEDER AND CONNECTING TRANSPORTA-
TION, PARKING AREAS, TRANSPORTATION CENTERS, STATIONS AND RELATED FACIL-
ITIES.
3. (A) EXCEPT AS DIRECTED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
AUTHORITY SHALL ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTABLISHED,
LEVIED AND COLLECTED AND, IN THE CASE OF A JOINT SERVICE ARRANGEMENT,
JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND COLLECTION OF SUCH
FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES NECESSARY FOR THE
USE AND OPERATION OF ANY TRANSPORTATION FACILITY AND RELATED SERVICES
OPERATED BY THE AUTHORITY OR BY A SUBSIDIARY CORPORATION OF THE AUTHORI-
TY OR UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT, INCLUDING JOINT
SERVICE ARRANGEMENTS, WITH THE AUTHORITY. ANY SUCH FARES, TOLLS,
RENTALS, RATES, CHARGES OR OTHER FEES FOR THE TRANSPORTATION OF PASSEN-
GERS SHALL BE ESTABLISHED AND CHANGED ONLY IF APPROVED BY RESOLUTION OF
THE AUTHORITY ADOPTED BY NOT LESS THAN A MAJORITY VOTE AND ONLY AFTER A
PUBLIC HEARING, PROVIDED HOWEVER, THAT FARES, TOLLS, RENTALS, RATES,
CHARGES OR OTHER FEES FOR THE TRANSPORTATION OF PASSENGERS ON ANY TRANS-
PORTATION FACILITY WHICH ARE IN EFFECT AT THE TIME THAT THE THEN OWNER
OF SUCH TRANSPORTATION FACILITY BECOMES A SUBSIDIARY CORPORATION OF THE
AUTHORITY OR AT THE TIME THAT OPERATION OF SUCH TRANSPORTATION FACILITY
IS COMMENCED BY THE AUTHORITY OR IS COMMENCED UNDER CONTRACT, LEASE OR
OTHER ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE
AUTHORITY MAY BE CONTINUED IN EFFECT WITHOUT SUCH A HEARING. SUCH FARES,
TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES SHALL BE ESTABLISHED AS
MAY IN THE JUDGMENT OF THE AUTHORITY BE NECESSARY TO MAINTAIN THE
COMBINED OPERATIONS OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS ON
A SELF-SUSTAINING BASIS AND TO ENSURE THAT THE OPERATIONS OF THE AUTHOR-
ITY ARE SUCH THAT, AT THE END OF THE FISCAL YEAR, THE RESULTS THEREOF
SHALL NOT SHOW A DEFICIT WHEN REPORTED IN ACCORDANCE WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES UNLESS SUCH DEFICIT IS OFFSET BY FUNDS
WITHDRAWN FROM RESERVES THEREFOR. THE SAID OPERATIONS SHALL BE DEEMED TO
BE ON A SELF-SUSTAINING BASIS AS REQUIRED BY THIS TITLE, WHEN THE
AUTHORITY IS ABLE TO PAY OR CAUSE TO BE PAID FROM REVENUE AND ANY OTHER
FUNDS OR PROPERTY ACTUALLY AVAILABLE TO THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS (I) AS THE SAME SHALL BECOME DUE, THE PRINCIPAL OF AND
S. 5555 82
INTEREST ON THE BONDS AND NOTES AND OTHER OBLIGATIONS OF THE AUTHORITY
AND ITS SUBSIDIARIES, AND THE METROPOLITAN TRANSPORTATION AUTHORITY,
TOGETHER WITH THE MAINTENANCE OF PROPER RESERVES THEREFOR, (II) THE COST
AND EXPENSE OF KEEPING THE PROPERTIES AND ASSETS OF THE AUTHORITY AND
ITS SUBSIDIARY CORPORATIONS IN GOOD CONDITION AND REPAIR, AND (III) THE
CAPITAL AND OPERATING EXPENSES OF THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS. THE AUTHORITY MAY CONTRACT WITH THE HOLDERS OF BONDS AND
NOTES WITH RESPECT TO THE EXERCISE OF THE POWERS AUTHORIZED BY THIS
SECTION. NO ACTS OR ACTIVITIES TAKEN OR PROPOSED TO BE TAKEN BY THE
AUTHORITY OR ANY SUBSIDIARY OF THE AUTHORITY PURSUANT TO THE PROVISIONS
OF THIS SUBDIVISION SHALL BE DEEMED TO BE "ACTIONS" FOR THE PURPOSES OR
WITHIN THE MEANING OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
LAW.
(B) ALL FARES, TOLLS, RENTALS, RATES, CHARGES, AND OTHER FEES ESTAB-
LISHED, LEVIED, AND COLLECTED OR CAUSED TO BE ESTABLISHED, LEVIED, AND
COLLECTED BY THE AUTHORITY AND ITS AFFILIATES, SHALL FIRST BE TRANS-
FERRED TO THE METROPOLITAN TRANSPORTATION AUTHORITY IN ORDER TO MAINTAIN
THE METROPOLITAN TRANSPORTATION AUTHORITY ON A SELF-SUSTAINING BASIS
UNLESS ALREADY PLEDGED TO SECURE, AND NECESSARY TO SATISFY THE DEBT
SERVICE OR RESERVE REQUIREMENTS OF, BONDS, NOTES OR OTHER OBLIGATIONS OF
THE NEW YORK CITY TRANSIT AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY PRIOR TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO.
(C) IN THE EVENT THAT THE MONTHLY REVENUES OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY FALL BELOW ONE HUNDRED TWENTY-FIVE PERCENT OF THE
AMOUNT NECESSARY TO MAINTAIN THE OPERATIONS OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY ON A SELF-SUSTAINING BASIS, AS DEFINED BY SECTION
TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE, THE AUTHORITY SHALL, AT THE
DIRECTION OF THE METROPOLITAN TRANSPORTATION AUTHORITY, ESTABLISH, LEVY
AND COLLECT OR CAUSE TO BE ESTABLISHED, LEVIED AND COLLECTED, IN THE
CASE OF A JOINT SERVICE ARRANGEMENT, AND JOIN WITH OTHERS IN THE ESTAB-
LISHMENT, LEVY AND COLLECTION OF SUCH FARES, TOLLS, RENTALS, RATES,
CHARGES AND OTHER FEES AS THE METROPOLITAN TRANSPORTATION AUTHORITY MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY THE AUTHORITY
OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
OR OTHER ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE
AUTHORITY, UNTIL SUCH TIME THAT MONTHLY REVENUES OF THE METROPOLITAN
TRANSPORTATION AUTHORITY HAS EXCEEDED, FOR THREE CONSECUTIVE MONTHS, TWO
HUNDRED PERCENT OF THE AMOUNT NECESSARY TO MAINTAIN THE MONTHLY OPER-
ATIONS OF THE METROPOLITAN TRANSPORTATION AUTHORITY ON A SELF-SUSTAINING
BASIS.
4. IN FURTHERANCE OF THE AUTHORITY'S MANDATE TO DEVELOP AND IMPLEMENT
A UNIFIED MASS TRANSPORTATION POLICY FOR THE CITY AND THE EXERCISE OF
ITS POWERS, INCLUDING THE POWER TO ISSUE NOTES, BONDS AND OTHER OBLI-
GATIONS SECURED IN WHOLE OR IN PART BY THE REVENUES OF THE AUTHORITY AND
ITS SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID-
IARIES, THE AUTHORITY SHALL JOIN WITH THE NEW YORK CITY TRANSIT AUTHORI-
TY AND ITS SUBSIDIARIES IN CONNECTION WITH ANY CHANGE IN THE ESTABLISH-
MENT, LEVY AND COLLECTION OF FARES, TOLLS, RENTALS, RATES, CHARGES AND
OTHER FEES FOR THE TRANSPORTATION OF PASSENGERS ON ANY TRANSPORTATION
FACILITIES OPERATED BY NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID-
IARIES. SUCH FARES, TOLLS, RENTALS, CHARGES AND OTHER FEES ON TRANSIT
FACILITIES SHALL BE ESTABLISHED IN ACCORDANCE WITH THE REQUIREMENTS OF
SECTIONS TWELVE HUNDRED FIVE AND TWELVE HUNDRED SEVEN-I OF THIS ARTICLE.
5. THE AUTHORITY MAY ESTABLISH AND, IN THE CASE OF JOINT SERVICE
ARRANGEMENTS, JOIN WITH OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
S. 5555 83
AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE CONDUCT AND
SAFETY OF THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
FOR THE USE AND OPERATION OF ANY TRANSPORTATION FACILITY AND RELATED
SERVICES OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER
ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
IN THE CASE OF ANY CONFLICT BETWEEN ANY SUCH RULE OR REGULATION OF THE
AUTHORITY GOVERNING THE CONDUCT OR THE SAFETY OF THE PUBLIC AND ANY
LOCAL LAW, ORDINANCE, RULE OR REGULATION, SUCH RULE OR REGULATION OF THE
AUTHORITY SHALL PREVAIL. VIOLATION OF ANY SUCH RULE OR REGULATION OF
THE AUTHORITY GOVERNING THE CONDUCT OR THE SAFETY OF THE PUBLIC IN OR
UPON ANY FACILITY OF THE AUTHORITY SHALL CONSTITUTE AN OFFENSE AND SHALL
BE PUNISHABLE BY A FINE NOT EXCEEDING FIFTY DOLLARS OR IMPRISONMENT FOR
NOT MORE THAN THIRTY DAYS OR BOTH OR MAY BE PUNISHABLE BY THE IMPOSITION
OF A CIVIL PENALTY BY THE TRANSIT ADJUDICATION BUREAU ESTABLISHED PURSU-
ANT TO THE PROVISIONS OF TITLE NINE OF THIS ARTICLE.
6. THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH, CONSTRUCT,
EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR REPAIR ANY
TRANSPORTATION FACILITIES THROUGH, AND CAUSE ANY ONE OR MORE OF ITS
POWERS, DUTIES, FUNCTIONS OR ACTIVITIES TO BE EXERCISED OR PERFORMED BY,
ONE OR MORE WHOLLY OWNED SUBSIDIARY CORPORATIONS OF THE AUTHORITY, OR BY
NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS IN
THE CASE OF TRANSIT FACILITIES AND MAY TRANSFER TO OR FROM ANY SUCH
CORPORATIONS ANY MONEYS, REAL PROPERTY OR OTHER PROPERTY FOR ANY OF THE
PURPOSES OF THIS TITLE UPON SUCH TERMS AND CONDITIONS AS SHALL BE AGREED
TO AND SUBJECT TO SUCH PAYMENT OR REPAYMENT OBLIGATIONS AS ARE REQUIRED
BY LAW OR BY ANY AGREEMENT TO WHICH ANY OF THE AFFECTED ENTITIES IS
SUBJECT. THE DIRECTORS OR MEMBERS OF EACH SUCH SUBSIDIARY CORPORATION OF
THE AUTHORITY CORPORATION SHALL BE THE SAME PERSONS HOLDING THE OFFICES
OF MEMBERS OF THE AUTHORITY. THE CHAIRPERSON OF THE BOARD OF EACH SUCH
SUBSIDIARY SHALL BE THE CHAIRPERSON OF THE AUTHORITY, SERVING EX OFFICIO
AND, PROVIDED THAT THERE IS AN EXECUTIVE DIRECTOR OF THE BIG APPLE TRAN-
SIT AUTHORITY, THE EXECUTIVE DIRECTOR OF SUCH SUBSIDIARY SHALL BE THE
EXECUTIVE DIRECTOR OF THE BIG APPLE TRANSIT AUTHORITY, SERVING EX OFFI-
CIO. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CHAIR-
PERSON SHALL BE THE CHIEF EXECUTIVE OFFICER OF EACH SUCH SUBSIDIARY AND
SHALL BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRA-
TIVE FUNCTIONS AND POWERS OF EACH SUCH SUBSIDIARY. THE CHAIRPERSON AND
EXECUTIVE DIRECTOR, IF ANY, SHALL BE EMPOWERED TO DELEGATE HIS OR HER
FUNCTIONS AND POWERS TO ONE OR MORE OFFICERS OR EMPLOYEES OF EACH SUCH
SUBSIDIARY DESIGNATED BY HIM OR HER. EACH SUCH SUBSIDIARY CORPORATION OF
THE AUTHORITY AND ANY OF ITS PROPERTY, FUNCTIONS AND ACTIVITIES SHALL
HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER
EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS
AND ACTIVITIES. EACH SUCH SUBSIDIARY CORPORATION SHALL BE SUBJECT TO THE
RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. EACH
SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE SUBJECT TO SUIT IN
ACCORDANCE WITH SECTION THIRTEEN HUNDRED FORTY-NINE-MM OF THIS TITLE.
THE EMPLOYEES OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE
ALSO EMPLOYEES OF THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE
AUTHORITY.
7. IF THE AUTHORITY SHALL DETERMINE THAT ONE OR MORE OF ITS SUBSIDIARY
CORPORATIONS SHOULD BE IN THE FORM OF A PUBLIC BENEFIT CORPORATION, IT
SHALL CREATE EACH SUCH PUBLIC BENEFIT CORPORATION BY EXECUTING AND
FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCORPORATION, WHICH
MAY BE AMENDED FROM TIME TO TIME BY FILING, WHICH SHALL SET FORTH THE
S. 5555 84
NAME OF SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, ITS DURATION, THE
LOCATION OF ITS PRINCIPAL OFFICE, AND ANY OR ALL OF THE PURPOSES OF
ACQUIRING, OWNING, LEASING, ESTABLISHING, CONSTRUCTING, EFFECTUATING,
OPERATING, MAINTAINING, RENOVATING, IMPROVING, EXTENDING OR REPAIRING
ONE OR MORE FACILITIES OF THE AUTHORITY. EACH SUCH PUBLIC BENEFIT
SUBSIDIARY CORPORATION SHALL BE A BODY POLITIC AND CORPORATE AND SHALL
HAVE ALL THOSE POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF THIS
TITLE WHICH THE AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS CERTIFICATE
OF INCORPORATION EXCEPT THE POWER TO CONTRACT INDEBTEDNESS.
8. WHENEVER ANY STATE, POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION OR PERSON IS AUTHOR-
IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO CO-OPERATE
AND ENTER INTO AGREEMENTS WITH THE AUTHORITY SUCH STATE, POLITICAL
SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPARTMENT,
BOARD, DIVISION OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER
FOR ANY OF SUCH PURPOSES TO CO-OPERATE AND ENTER INTO AGREEMENTS WITH A
SUBSIDIARY CORPORATION OF THE AUTHORITY.
9. EACH OF THE AUTHORITY AND ITS SUBSIDIARIES, AND THE NEW YORK CITY
TRANSIT AUTHORITY AND ITS SUBSIDIARIES, IN ITS OWN NAME OR IN THE NAME
OF THE CITY, MAY APPLY FOR AND RECEIVE AND ACCEPT GRANTS OF PROPERTY,
MONEY AND SERVICES AND OTHER ASSISTANCE OFFERED OR MADE AVAILABLE TO IT
BY ANY PERSON, GOVERNMENT OR AGENCY, WHICH IT MAY USE TO MEET CAPITAL OR
OPERATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF ITS POWERS,
AND TO NEGOTIATE FOR THE SAME UPON SUCH TERMS AND CONDITIONS AS THE
RESPECTIVE AUTHORITY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR DESIR-
ABLE.
10. SUBJECT TO THE RIGHTS OF THE HOLDERS OF ANY OUTSTANDING BONDS,
NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY, NEW YORK CITY TRANSIT
AUTHORITY AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AND TO FACILITATE
THE EFFICIENT FINANCIAL MANAGEMENT OF THE AUTHORITY, ITS SUBSIDIARY
CORPORATIONS, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPO-
RATIONS, AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY (THE "AFFILIATED
ENTITIES"), THE AUTHORITY MAY, AND MAY PERMIT AND DIRECT ANY AFFILIATED
ENTITY TO, TRANSFER REVENUES, SUBSIDIES AND OTHER MONIES OR SECURITIES
TO ONE OR MORE FUNDS OR ACCOUNTS OF ANOTHER AFFILIATED ENTITY FOR USE BY
SUCH OTHER AFFILIATED ENTITY, PROVIDED AT THE TIME OF SUCH TRANSFER IT
IS REASONABLY ANTICIPATED THAT THE MONIES AND SECURITIES SO TRANSFERRED
WILL BE REIMBURSED, REPAID OR OTHERWISE PROVIDED FOR BY THE END OF THE
NEXT SUCCEEDING CALENDAR YEAR IF REIMBURSEMENT OR REPAYMENT IS REQUIRED
BY LAW OR BY ANY AGREEMENT TO WHICH ANY OF THE AFFECTED AFFILIATED ENTI-
TIES IS SUBJECT. ANY REVENUES OF AN AFFILIATED ENTITY THAT ARE TRANS-
FERRED TO ANOTHER AFFILIATED ENTITY, WHICH TRANSFER WAS NOT AUTHORIZED
BY A PROVISION OF LAW OTHER THAN THIS SUBDIVISION, SHALL BE CONSIDERED
TO BE REQUIRED TO BE REPAID TO THE AFFILIATED ENTITY WHICH WAS THE
SOURCE OF SUCH REVENUES BY THE END OF THE NEXT SUCCEEDING CALENDAR YEAR
FOLLOWING SUCH TRANSFER.
11. THE AUTHORITY MAY LEASE RAILROAD CARS FOR USE IN ITS PASSENGER
SERVICE PURSUANT TO THE PROVISIONS OF CHAPTER SIX HUNDRED THIRTY-EIGHT
OF THE LAWS OF NINETEEN HUNDRED FIFTY-NINE.
12. THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT OR
DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION OF
TRANSPORTATION FACILITIES, EQUIPMENT OR REAL PROPERTY OPERATED BY OR
UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY AND ITS
SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES.
EXCEPT AS HEREINAFTER SPECIALLY PROVIDED, NO MUNICIPALITY OR POLITICAL
SUBDIVISION OTHER THAN THE CITY OF NEW YORK, INCLUDING BUT NOT LIMITED
S. 5555 85
TO A COUNTY, CITY, VILLAGE, TOWN OR SCHOOL OR OTHER DISTRICT SHALL HAVE
JURISDICTION OVER ANY FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES,
AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, OR ANY OF
THEIR ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOLUTIONS, ORDINANCES,
RULES AND REGULATIONS OF A MUNICIPALITY OR POLITICAL SUBDIVISION, HERE-
TOFORE OR HEREAFTER ADOPTED, CONFLICTING WITH THIS TITLE OR ANY RULE OR
REGULATION OF THE AUTHORITY OR ITS SUBSIDIARIES, OR NEW YORK CITY TRANS-
IT AUTHORITY OR ITS SUBSIDIARIES, SHALL NOT BE APPLICABLE TO THE ACTIV-
ITIES OR OPERATIONS OF THE AUTHORITY AND ITS SUBSIDIARIES, AND NEW YORK
CITY TRANSIT AUTHORITY, OR THE FACILITIES OF THE AUTHORITY AND ITS
SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES,
EXCEPT SUCH FACILITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPOR-
TATION OR TRANSIT PURPOSES. EACH MUNICIPALITY OR POLITICAL SUBDIVISION,
INCLUDING BUT NOT LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR DISTRICT
IN WHICH ANY FACILITIES OF THE AUTHORITY OR ITS SUBSIDIARIES, OR NEW
YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES ARE LOCATED SHALL
PROVIDE FOR SUCH FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES
OF THE SAME CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESI-
DENTS OF SUCH MUNICIPALITY OR POLITICAL SUBDIVISION.
13. THE JURISDICTION, SUPERVISION, POWERS AND DUTIES OF THE DEPARTMENT
OF TRANSPORTATION OF THE STATE UNDER THE TRANSPORTATION LAW SHALL NOT
EXTEND TO THE AUTHORITY IN THE EXERCISE OF ANY OF ITS POWERS UNDER THIS
TITLE. THE AUTHORITY MAY AGREE WITH SUCH DEPARTMENT FOR THE EXECUTION BY
SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR ANY GRADE
CROSSING SEPARATION RECONSTRUCTION PROJECT ALONG ANY RAILROAD FACILITY
OPERATED BY THE AUTHORITY OR BY ONE OF ITS SUBSIDIARY CORPORATIONS OR
UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
PROJECT SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE TRANSPORTA-
TION LAW AND THE RAILROAD LAW, RESPECTIVELY, AND THE COSTS OF ANY SUCH
PROJECT SHALL BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHOR-
ITY'S SHARE OF SUCH COSTS SHALL BE BORNE BY THE STATE.
14. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL
OR LOCAL, OR OF ANY AGREEMENT ENTERED INTO IN PURSUANCE THEREOF, RELAT-
ING TO THE REPAYMENT OF ANY LOAN OR ADVANCE MADE BY THE CITY OR THE
STATE TO THE AUTHORITY OR TO THE NEW YORK CITY TRANSIT AUTHORITY,
NEITHER THE AUTHORITY NOR THE NEW YORK CITY TRANSIT AUTHORITY SHALL BE
REQUIRED TO REPAY ANY SUCH LOAN OR ADVANCE HERETOFORE MADE FROM OR BY
REASON OF THE ISSUANCE OF BONDS OR NOTES OF EITHER OF THEM OR FROM THE
PROCEEDS REALIZED UPON SUCH ISSUANCE OR FROM ANY OTHER FUNDS RECEIVED BY
EITHER OF THEM FROM ANY SOURCE WHATEVER IN AID OR ASSISTANCE OF THE
PROJECT OR PROJECTS FOR THE FINANCING OF WHICH SUCH BONDS OR NOTES ARE
ISSUED.
15. NO PROJECT TO BE CONSTRUCTED UPON REAL PROPERTY THERETOFORE USED
FOR A TRANSPORTATION PURPOSE, OR ON AN INSUBSTANTIAL ADDITION TO SUCH
PROPERTY CONTIGUOUS THERETO, WHICH WILL NOT CHANGE IN A MATERIAL RESPECT
THE GENERAL CHARACTER OF SUCH PRIOR TRANSPORTATION USE, NOR ANY ACTS OR
ACTIVITIES IN CONNECTION WITH SUCH PROJECT, SHALL BE SUBJECT TO THE
PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR, OR TWENTY-FIVE OF
THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW OR ORDINANCE
ADOPTED PURSUANT TO ANY SUCH ARTICLE. NOR SHALL ANY ACTS OR ACTIVITIES
TAKEN OR PROPOSED TO BE TAKEN BY THE AUTHORITY OR BY ANY OTHER PERSON OR
ENTITY, PUBLIC OR PRIVATE, IN CONNECTION WITH THE PLANNING, DESIGN,
ACQUISITION, IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION
OF A TRANSPORTATION FACILITY, OTHER THAN A MARINE OR AVIATION FACILITY,
BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL
CONSERVATION LAW, OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO
S. 5555 86
ANY SUCH ARTICLE IF SUCH ACTS OR ACTIVITIES REQUIRE THE PREPARATION OF A
STATEMENT UNDER OR PURSUANT TO ANY FEDERAL LAW OR REGULATION AS TO THE
ENVIRONMENTAL IMPACT THEREOF.
16. THE AUTHORITY MAY, UPON SUITABLE NOTICE TO AND AN OFFER TO CONSULT
WITH AN OFFICER DESIGNATED BY THE CITY OF NEW YORK, OCCUPY THE STREETS
OF THE CITY OF NEW YORK FOR THE PURPOSE OF DOING ANY WORK OVER OR UNDER
THE SAME IN CONNECTION WITH THE IMPROVEMENT, CONSTRUCTION, RECON-
STRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY WITHOUT THE
CONSENT OF OR PAYMENT TO SUCH CITY.
17. THE AUTHORITY AND EACH OF ITS SUBSIDIARY CORPORATIONS SHALL PLACE
ON EACH TRANSFORMER AND SUBSTATION WHICH CONTAINS POLYCHLORINATED BIPHE-
NYLS A SYMBOL SO INDICATING THE PRESENCE OF POLYCHLORINATED BIPHENYLS.
USE OF A POLYCHLORINATED BIPHENYL MARK ILLUSTRATED IN THE RULES AND
REGULATIONS PROMULGATED PURSUANT TO THE FEDERAL TOXIC SUBSTANCES CONTROL
ACT SHALL CONSTITUTE COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
18. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF
ANY CONTRACT, THE AUTHORITY SHALL ESTABLISH AND IMPLEMENT A NO FARE
PROGRAM FOR TRANSPORTATION FOR INDIVIDUALS SERVING AS PERSONAL CARE
ATTENDANTS ACCOMPANYING AN AMERICANS WITH DISABILITIES ACT PARATRANSIT
ELIGIBLE INDIVIDUAL.
(B) IN ORDER TO BE ELIGIBLE FOR SUCH NO FARE PROGRAM THE PERSONAL CARE
ATTENDANT MUST SHOW HIS OR HER COMMUNITY BASED PERSONAL CARE ATTENDANT
AGENCY ISSUED IDENTIFICATION CARD.
(C) IN ORDER TO BE CONSIDERED ACCOMPANYING AN AMERICANS WITH DISABILI-
TIES ACT PARATRANSIT ELIGIBLE INDIVIDUAL THE PERSONAL CARE ATTENDANT
SHALL HAVE THE SAME ORIGIN AND DESTINATION AS SUCH PARATRANSIT ELIGIBLE
INDIVIDUAL.
19. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY AND ANY
OF ITS SUBSIDIARY CORPORATIONS SHALL ESTABLISH AND IMPLEMENT A HALF FARE
RATE PROGRAM FOR PERSONS WITH SERIOUS MENTAL ILLNESS WHO ARE ELIGIBLE TO
RECEIVE SUPPLEMENTAL SECURITY INCOME BENEFITS AS DEFINED PURSUANT TO
TITLE SIXTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SECTION TWO HUNDRED
NINE OF THE SOCIAL SERVICES LAW.
20. THE AUTHORITY SHALL CONDUCT A CAMPAIGN OF PUBLIC OUTREACH TO
INFORM THE PUBLIC OF THE PROVISIONS PERTAINING TO ASSAULT ON EMPLOYEES
AS PROVIDED BY SUBDIVISION ELEVEN OF SECTION 120.05 OF THE PENAL LAW.
§ 1349-I. MEDICAL EMERGENCY SERVICES. THE AUTHORITY IS HEREBY AUTHOR-
IZED AND DIRECTED TO PREPARE AND DEVELOP A MEDICAL EMERGENCY SERVICES
PROGRAM TO BE IMPLEMENTED AT A TIME TO BE SPECIFIED IN SUCH PROGRAM FOR
THE BENEFIT OF PERSONS UTILIZING TRANSPORTATION AND OTHER RELATED
SERVICES OF THE AUTHORITY. SUCH PROGRAM MAY INCLUDE BUT NOT BE LIMITED
TO THE PROVISION FOR THE FOLLOWING: THE TRAINING OF DESIGNATED EMPLOYEES
IN FIRST AID, EMERGENCY TECHNIQUES AND PROCEDURES, HANDLING AND POSI-
TIONING OF STRICKEN COMMUTERS, AND KNOWLEDGE OF PROCEDURES AND EQUIPMENT
USED FOR RESPIRATORY AND CARDIAC EMERGENCIES. SUCH PROGRAM SHALL BE
SUBMITTED TO THE LEGISLATURE NOT LATER THAN ONE HUNDRED EIGHTY DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
§ 1349-J. TRANSIT PROJECTS. 1. SUBJECT TO THE PROVISIONS OF THIS
SECTION, THE AUTHORITY IS HEREBY AUTHORIZED, UPON THE REQUEST OF THE NEW
YORK CITY TRANSIT AUTHORITY AND UPON SUCH TERMS AND CONDITIONS AS SHALL
BE AGREED TO BY THE AUTHORITY (A) TO PLAN, DESIGN, ACQUIRE, CONSTRUCT,
RECONSTRUCT, REHABILITATE AND IMPROVE FACILITIES, EQUIPMENT, DEVICES AND
APPURTENANCES, AND PROPERTY OR PROPERTY RIGHTS CONSTITUTING OR TO
CONSTITUTE PART OF, OR USED OR TO BE USED IN CONNECTION WITH THE OPERA-
TION OF ANY TRANSIT FACILITY NOW OR HEREAFTER OWNED OR OPERATED BY THE
NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES, EACH OF SUCH
S. 5555 87
ACTIVITIES AND PROGRAMS BEING REFERRED TO IN THIS SECTION AS A "TRANSIT
PROJECT"; (B) TO FINANCE THE COSTS OF A TRANSIT PROJECT BY THE ISSUANCE
OF ITS NOTES, BONDS OR LEASE OBLIGATIONS; AND (C) UPON THE COMPLETION OF
ANY TRANSIT PROJECT OR PART THEREOF, TO CAUSE THE SAME TO BE TRANS-
FERRED, LEASED OR SUBLEASED TO THE NEW YORK CITY TRANSIT AUTHORITY OR
ITS DESIGNATED SUBSIDIARY OR OTHER DESIGNEE, FOR CONSIDERATION. THE
TERMS "FACILITIES", "EQUIPMENT", "DEVICES AND APPURTENANCES", "PROPERTY"
OR "PROPERTY RIGHTS" AND "TRANSIT FACILITY" SHALL HAVE THE MEANINGS
GIVEN TO SUCH TERMS IN SECTION TWELVE HUNDRED OF THIS ARTICLE. THE
AUTHORITY SHALL HAVE NO OBLIGATION TO OPERATE OR, EXCEPT AS MAY OTHER-
WISE BE PROVIDED IN ANY LEASE TO WHICH IT MAY BE A PARTY AS HEREINAFTER
PROVIDED, REPAIR OR MAINTAIN ANY TRANSIT PROJECT OR PART THEREOF SUBSE-
QUENT TO ITS COMPLETION NOR SHALL IT BE LIABLE TO THE TRANSFEREE, LESSEE
OR SUBLESSEE BY REASON OF ANY WARRANTY, EXPRESS OR IMPLIED, IN RESPECT
THEREOF. WARRANTIES FURNISHED IN CONNECTION WITH SUCH TRANSIT PROJECT
SHALL BE ASSIGNABLE AND ASSIGNED AS DIRECTED BY THE NEW YORK CITY TRANS-
IT AUTHORITY AND APPROVED BY THE AUTHORITY.
2. IN CONNECTION WITH ANY TRANSIT PROJECT, AND IN ORDER TO EFFECTUATE
THE PURPOSES OF THIS SECTION, THE AUTHORITY SHALL, SUBJECT TO THE
PROVISIONS OF THIS SECTION, HAVE ALL OF THE POWERS PROVIDED ELSEWHERE IN
THIS TITLE, AND, IN ADDITION, THE AUTHORITY MAY:
(A) ISSUE ITS NOTES OR BONDS TO FINANCE ALL OR ANY PART OF THE COSTS
OF A TRANSIT PROJECT;
(B) FINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO ANY
OTHER PERSON OR ENTITY, PUBLIC OR PRIVATE, OF SUCH TRANSIT PROJECT
THROUGH, OR ACCOMPANIED BY, A LEASING OF SUCH PROJECT OR ANY PART THERE-
OF BY SUCH PERSON OR ENTITY TO THE AUTHORITY OR THROUGH OR ACCOMPANIED
BY A SALE BY THE AUTHORITY TO ANY SUCH PERSON OR ENTITY AND LEASEBACK TO
THE AUTHORITY, IN EACH CASE FOR SUBLEASING TO THE NEW YORK CITY TRANSIT
AUTHORITY, ITS DESIGNATED SUBSIDIARY OR OTHER DESIGNEE FOR CONSIDER-
ATION, EXCEPT THAT SUCH LEASING OR LEASEBACK FROM SUCH PERSON OR ENTITY
MAY BE MADE DIRECTLY TO THE NEW YORK CITY TRANSIT AUTHORITY OR ITS
DESIGNATED SUBSIDIARY OR OTHER DESIGNEE WITH THE CONSENT OF THE AUTHORI-
TY;
(C) ISSUE ITS NOTES OR BONDS TO DEFEASE THE LIEN OF, REFUND OR OTHER-
WISE REPAY ANY OUTSTANDING NOTES, BONDS OR OTHER OBLIGATIONS OF THE NEW
YORK CITY TRANSIT AUTHORITY WHICH IN THE JUDGMENT OF THE AUTHORITY WOULD
OTHERWISE DELAY, IMPEDE OR PREVENT ITS FINANCING A TRANSIT PROJECT;
(D) ACCEPT THE NOTES, BONDS, LEASE, SUBLEASE AND OTHER CONTRACTUAL
OBLIGATIONS OF THE NEW YORK CITY TRANSIT AUTHORITY AND ANY OF ITS DESIG-
NATED SUBSIDIARIES IN PAYMENT FOR A TRANSFER, LEASE OR SUBLEASE OF A
TRANSIT PROJECT;
(E) ACCEPT FROM THE NEW YORK CITY TRANSIT AUTHORITY OR ITS DESIGNATED
SUBSIDIARY OR FROM THE CITY OF NEW YORK, ACTING BY ITS MAYOR ALONE, A
TRANSFER OF TITLE TO OR THE USE, OCCUPANCY, CONTROL OR POSSESSION OF ANY
REAL OR PERSONAL PROPERTY (OR ANY INTEREST THEREIN) NEEDED OR USEFUL FOR
OR IN CONNECTION WITH ANY TRANSIT PROJECT;
(F) OBTAIN SECURITY FOR THE PAYMENT BY THE NEW YORK CITY TRANSIT
AUTHORITY OR ITS DESIGNATED SUBSIDIARY OF ITS NOTES, BONDS, LEASE,
SUBLEASE OR OTHER CONTRACTUAL OBLIGATIONS, INCLUDING A PLEDGE OF ALL OR
ANY PART OF ANY OF THEIR REVENUES, WHICH PLEDGE MAY CONTAIN COVENANTS
WITH RESPECT TO THE CHARGING AND FIXING OF FARES, FEES AND RENTALS, THE
USE AND DISPOSITION OF SUCH FARES, FEES, RENTALS AND OTHER REVENUES, AND
THE SETTING ASIDE OF RESERVES THEREFROM;
S. 5555 88
(G) WITH THE CONSENT OF THE NEW YORK CITY TRANSIT AUTHORITY OR ITS
DESIGNATED SUBSIDIARY, USE, WITH OR WITHOUT COMPENSATION, ITS AGENTS,
EMPLOYEES AND FACILITIES; AND
(H) APPLY FOR, ACCEPT, ENTER INTO CONTRACTS FOR, ADMINISTER AND
DISBURSE ANY FEDERAL, STATE OR LOCAL AID OR ASSISTANCE, SUBJECT TO THE
TERMS AND CONDITIONS THEREOF, WHICH MAY BE AVAILABLE FOR ANY TRANSIT
PROJECT.
3. ALL OF THE PROVISIONS OF THIS TITLE NOT INCONSISTENT WITH THE
PROVISIONS OF THIS SECTION SHALL BE APPLICABLE WITH RESPECT TO ANY
BONDS, NOTES OR LEASE OBLIGATIONS OF THE AUTHORITY ISSUED OR ENTERED
INTO TO FINANCE ANY TRANSIT PROJECT, OR TO DEFEASE THE LIEN OF, REFUND
OR OTHERWISE REPAY OUTSTANDING BONDS, NOTES OR OTHER OBLIGATIONS OF THE
NEW YORK CITY TRANSIT AUTHORITY, SUBJECT TO THE FOLLOWING CONDITIONS:
(A) SUCH BONDS AND NOTES SHALL BE PAYABLE AS TO PRINCIPAL, REDEMPTION
PREMIUM, IF ANY, AND INTEREST AND SUCH OTHER OBLIGATIONS SHALL BE PAYA-
BLE, ALL IN THE MANNER MORE PARTICULARLY PROVIDED BY THE AUTHORITY IN
THE RESOLUTION UNDER WHICH THE SAME SHALL BE AUTHORIZED TO BE ISSUED;
(B) SUCH LEASE OBLIGATIONS SHALL BE NON-RECOURSE OBLIGATIONS LIMITED
TO THE RECOVERY OF THE LEASED PROPERTY BY THE LESSOR AND AS TO THE
PAYMENTS OF SUMS OF MONEY COMING DUE THEREUNDER, TO PROCEEDINGS AGAINST
THE SUBLESSEE UNDER ANY UNDERLYING SUBLEASE OR PURSUANT TO ANY PLEDGE OR
ASSIGNMENT GIVEN TO SECURE SUMS PAYABLE UNDER SUCH UNDERLYING SUBLEASE;
(C) NO BONDS OR NOTES OF THE AUTHORITY SHALL BE ISSUED FOR THE PURPOSE
OF DEFEASING THE LIEN OF, REFUNDING OR OTHERWISE REPAYING OUTSTANDING
BONDS, NOTES OR OTHER OBLIGATIONS OF THE NEW YORK CITY TRANSIT AUTHORITY
UNLESS (I) THE CITY OF NEW YORK SHALL HAVE ENTERED INTO AN AGREEMENT ON
TERMS SATISFACTORY TO THE AUTHORITY TO MAKE PERIODIC PAYMENTS TO THE NEW
YORK CITY TRANSIT AUTHORITY, AND (II) THE NEW YORK CITY TRANSIT AUTHORI-
TY SHALL HAVE ENTERED INTO AN AGREEMENT ON TERMS SATISFACTORY TO THE
AUTHORITY TO MAKE PERIODIC PAYMENTS TO THE AUTHORITY, IN EACH CASE
SUFFICIENT TO PAY, WHEN DUE, THE PRINCIPAL, REDEMPTION PREMIUM, IF ANY,
AND INTEREST UPON THE BONDS OR NOTES OF THE AUTHORITY ISSUED TO EFFECT
SUCH DEFEASANCE, REFUNDING OR REPAYMENT;
(D) NOTWITHSTANDING AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMP-
TION OF SUCH BONDS OR NOTES WHICH MAY BE CONTAINED IN ANY CONTRACT WITH
THE HOLDERS THEREOF, THE CITY OF NEW YORK MAY, UPON FURNISHING SUFFI-
CIENT FUNDS THEREFOR, REQUIRE THE AUTHORITY TO REDEEM AS A WHOLE ANY
ISSUE OF SUCH BONDS OR NOTES AT THE TIME OR TIMES AND AT THE PLACE OR
PLACES AND IN ACCORDANCE WITH THE TERMS UPON WHICH SUCH BONDS OR NOTES
ARE REDEEMABLE; AND
(E) THE CITY OF NEW YORK SHALL NOT BE LIABLE ON SUCH BONDS OR NOTES,
AND SUCH BONDS OR NOTES SHALL NOT BE A DEBT OF THE CITY OF NEW YORK, AND
SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH EFFECT.
4. THE AUTHORITY SHALL NOT UNDERTAKE ANY TRANSIT PROJECT UNLESS THE
NEW YORK CITY TRANSIT AUTHORITY OR THE SUBSIDIARY FOR WHOSE BENEFIT THE
TRANSIT PROJECT IS TO BE UNDERTAKEN, OR BOTH, SHALL PAY OR AGREE TO PAY,
IN THE FORM OF A BOND, NOTE, LEASE, SUBLEASE OR OTHER CONTRACTUAL OBLI-
GATION, IN A MANNER AND ON TERMS AND CONDITIONS SATISFACTORY TO THE
AUTHORITY, ANY PORTION OF THE COSTS TO THE AUTHORITY OF SUCH TRANSIT
PROJECT AND THE FINANCING THEREOF WHICH IS NOT PAID TO THE AUTHORITY
FROM ANY FEDERAL, STATE OR LOCAL AID OR ASSISTANCE OR WHICH IS NOT PAYA-
BLE FROM ANY OTHER MONEYS MADE AVAILABLE OR PAYABLE TO THE AUTHORITY BY
OTHERS FOR SUCH PROJECT.
5. NEITHER THE PROVISIONS OF SECTION ONE HUNDRED NINETY-SEVEN-C OF THE
NEW YORK CITY CHARTER, RELATING TO A UNIFORM LAND USE REVIEW PROCEDURE,
NOR THE PROVISIONS OF ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK OF
S. 5555 89
LIKE OR SIMILAR TENOR OR IMPORT SHALL APPLY (A) TO THE ACQUISITION OF
ANY REAL PROPERTY, OR ANY INTEREST THEREIN, FOR THE PURPOSES OF ANY
TRANSIT PROJECT BY THE CITY OR BY THE NEW YORK CITY TRANSIT AUTHORITY OR
ANY OF ITS SUBSIDIARIES; (B) TO THE SUBSEQUENT TRANSFER OF ANY REAL
PROPERTY (OR INTEREST THEREIN) SO ACQUIRED TO THE AUTHORITY OR ITS
DESIGNEE FOR THE PURPOSES OF SUCH PROJECT OR TO THE TRANSFER TO THE
AUTHORITY OR ITS DESIGNEE FOR SUCH PURPOSES OF ANY REAL PROPERTY (OR
INTEREST THEREIN) THEN OWNED BY THE CITY OR BY THE NEW YORK CITY TRANSIT
AUTHORITY OR ANY SUCH SUBSIDIARY; NOR (C) TO THE TRANSFER TO THE AUTHOR-
ITY OR ITS DESIGNEE FOR SUCH PURPOSES OF THE RIGHT OF USE, OCCUPANCY,
CONTROL OR POSSESSION OF ANY REAL PROPERTY (OR INTEREST THEREIN), WHETH-
ER PRESENTLY OWNED OR HEREAFTER ACQUIRED BY THE CITY OR BY THE NEW YORK
CITY TRANSIT AUTHORITY OR ANY SUCH SUBSIDIARY; PROVIDED IN EACH SUCH
CASE, HOWEVER, THAT IF AT THE TIME OF SUCH PROPOSED ACQUISITION OR
TRANSFER THE REAL PROPERTY WHICH IS THE SUBJECT OF SUCH ACQUISITION OR
TRANSFER IS NOT THEN BEING UTILIZED FOR A TRANSIT OR TRANSPORTATION
PURPOSE OR IS NOT AN INSUBSTANTIAL ADDITION TO SUCH PROPERTY CONTIGUOUS
THERETO; (I) THE AUTHORITY PROPOSING TO ACQUIRE OR RECEIVE SUCH PROPERTY
SHALL, UNLESS A SUBMISSION WITH RESPECT TO SUCH PROPERTY HAS PREVIOUSLY
BEEN MADE AND APPROVED AS HEREIN PROVIDED, SUBMIT TO THE COMMUNITY BOARD
FOR THE COMMUNITY DISTRICT IN WHICH SUCH PROPERTY IS LOCATED, DATA WITH
RESPECT TO THE PROPOSED USE OF SUCH PROPERTY AND TO THE DESIGN OF ANY
FACILITY PROPOSED TO BE CONSTRUCTED THEREON; (II) SUCH COMMUNITY BOARD
SHALL INFORM THE COUNCIL OF THE CITY OF NEW YORK, WITH COPIES TO THE
CITY PLANNING COMMISSION OF THE CITY OF NEW YORK AND THE PROPOSING
AUTHORITY, OF ITS VIEWS AND RECOMMENDATIONS WITH RESPECT THERETO WITHIN
FORTY-FIVE DAYS OF SUCH SUBMISSION, AND IF THE COMMUNITY BOARD SHALL
FAIL TO SO INFORM SUCH COUNCIL WITHIN SUCH PERIOD IT SHALL BE DEEMED TO
HAVE RECOMMENDED THE PROPOSAL; AND (III) SUCH COUNCIL SHALL, WITHIN
FORTY-FIVE DAYS OF THE RECOMMENDATION OF THE COMMUNITY BOARD, APPROVE OR
DISAPPROVE SUCH ACQUISITION OR TRANSFER, AND IF SUCH COUNCIL SHALL FAIL
TO ACT WITHIN SUCH PERIOD IT SHALL BE DEEMED TO HAVE APPROVED THE SAME.
6. IN ITS PERFORMANCE OF ANY TRANSIT PROJECT, THE AUTHORITY SHALL NOT
BE DEEMED THE AGENT OR INSTRUMENTALITY OF THE CITY OF NEW YORK OR THE
NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARIES NOTWITHSTAND-
ING THE FACT THAT TITLE TO ANY REAL OR PERSONAL PROPERTY (OR ANY INTER-
EST THEREIN) WHICH IS THE SUBJECT OF OR IS A PART OF SUCH PROJECT IS
HELD BY OR UPON COMPLETION OF SUCH PROJECT IS TO BE TRANSFERRED TO SUCH
OTHER ENTITY. IN ITS PERFORMANCE OF ANY TRANSIT PROJECT, HOWEVER, THE
PROVISIONS OF SECTION TWELVE HUNDRED NINE OF THIS ARTICLE SHALL APPLY TO
THE AUTHORITY AS IF IT WERE THE AUTHORITY REFERRED TO IN SUCH SECTION.
7. THE AUTHORITY, IN ADDITION TO THE POWERS PROVIDED ELSEWHERE IN THIS
TITLE, SHALL POSSESS ALL OF THE POWERS, RIGHTS AND PRIVILEGES OF THE NEW
YORK CITY TRANSIT AUTHORITY OR ITS DESIGNATED SUBSIDIARY IN CONNECTION
WITH THE UNDERTAKING BY THE AUTHORITY OF ANY TRANSIT PROJECT. THE
AUTHORITY, UPON SUITABLE NOTICE TO AND AN OFFER TO CONSULT WITH AN OFFI-
CER DESIGNATED BY THE CITY OF NEW YORK, MAY OCCUPY THE STREETS OF THE
CITY OF NEW YORK FOR THE PURPOSE OF DOING ANY WORK OVER OR UNDER THE
SAME IN CONNECTION WITH ANY TRANSIT PROJECT WITHOUT THE CONSENT OF OR
PAYMENT TO SUCH CITY.
8. AFTER THE TRANSFER, TRANSFER BACK, LEASE OR SUBLEASE TO THE NEW
YORK CITY TRANSIT AUTHORITY OR ITS DESIGNATED SUBSIDIARY OR OTHER DESIG-
NEE OF ANY TRANSIT PROJECT OR PART THEREOF, ACTIONS FOR DAMAGES FOR
INJURIES TO REAL OR PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF, OR
FOR PERSONAL INJURIES OR DEATH, BASED UPON THE USE, CONDITION OR STATE
OF SUCH PROJECT OR PART THEREOF MAY NOT BE INSTITUTED AGAINST THE
S. 5555 90
AUTHORITY, WHICH SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO THE TRANS-
FEREE, LESSEE OR SUBLESSEE OR TO THIRD PARTIES THEREFOR.
9. EXCEPT AS THE AUTHORITY SHALL OTHERWISE AGREE, TITLE TO ANY TRANSIT
PROJECT OR ANY PART THEREOF OR INTEREST THEREIN WHICH SHALL HAVE BEEN
TRANSFERRED, LEASED, OR SUBLEASED TO THE NEW YORK CITY TRANSIT AUTHORITY
OR ITS DESIGNATED SUBSIDIARY, SHALL REMAIN IN SUCH TRANSFEREE, LESSEE,
OR SUBLESSEE NOTWITHSTANDING ANY PROVISION OF TITLE NINE OF THIS ARTICLE
OR OF ANY LEASE OR OTHER AGREEMENT ENTERED INTO UNDER THE PROVISIONS OF
SUCH TITLE TO THE CONTRARY.
10. THE PROVIDING OF ANY TRANSIT PROJECT SHALL NOT RELIEVE THE CITY OF
NEW YORK OF ITS OBLIGATIONS UNDER LAW AND BY LEASE TO PAY THE CAPITAL
COSTS OF THE NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES.
11. NO TRANSIT PROJECT TO BE CONSTRUCTED UPON REAL PROPERTY TO BE USED
FOR A TRANSIT OR TRANSPORTATION PURPOSE, OR ON AN INSUBSTANTIAL ADDITION
TO SUCH PROPERTY CONTIGUOUS THERETO, WHICH WILL NOT CHANGE IN A MATERIAL
RESPECT THE GENERAL CHARACTER OF SUCH PRIOR TRANSIT OR TRANSPORTATION
USE, NOR ANY ACTS OR ACTIVITIES IN CONNECTION WITH SUCH PROJECT, SHALL
BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR OR
TWENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW
OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTICLE. NOR SHALL ANY TRANS-
IT PROJECT OR ANY ACTS OR ACTIVITIES IN CONNECTION THEREWITH TAKEN BY
ANY PERSON OR ENTITY, PUBLIC OR PRIVATE, PURSUANT TO THIS SECTION BE
SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSER-
VATION LAW IF SUCH PROJECT, ACTS OR ACTIVITIES REQUIRE THE PREPARATION
OF A STATEMENT UNDER OR PURSUANT TO ANY FEDERAL LAW OR REGULATION AS TO
THE ENVIRONMENTAL IMPACT THEREOF.
12. THE PROVISIONS OF THIS SECTION AND OF ALL AGREEMENTS UNDERTAKEN BY
THE NEW YORK CITY TRANSIT AUTHORITY IN ACCORDANCE THEREWITH SHALL IN ALL
RESPECTS BE SUBJECT TO THE RIGHTS OF THE HOLDERS OF ANY OUTSTANDING
BONDS OR NOTES OF SUCH AUTHORITY.
13. (A) ALL CONTRACTS FOR DESIGN, CONSTRUCTION, SERVICES AND MATERIALS
PURSUANT TO THIS TITLE OF WHATEVER NATURE AND ALL DOCUMENTS SOLICITING
BIDS OR PROPOSALS THEREFOR SHALL CONTAIN OR MAKE REFERENCE TO THE
FOLLOWING PROVISIONS:
(I) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST EMPLOYEES OR APPLI-
CANTS FOR EMPLOYMENT BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN,
SEX, AGE, DISABILITY, OR MARITAL STATUS, AND WILL UNDERTAKE OR CONTINUE
EXISTING PROGRAMS OF AFFIRMATIVE ACTION TO ENSURE THAT MINORITY GROUP
PERSONS AND WOMEN ARE AFFORDED EQUAL OPPORTUNITY WITHOUT DISCRIMINATION.
SUCH PROGRAMS SHALL INCLUDE, BUT NOT BE LIMITED TO, RECRUITMENT, EMPLOY-
MENT, JOB ASSIGNMENT, PROMOTION, UPGRADING, DEMOTION, TRANSFER, LAYOFF,
TERMINATION, RATES OF PAY OR OTHER FORMS OF COMPENSATION, AND SELECTIONS
FOR TRAINING OR RETRAINING, INCLUDING APPRENTICESHIP AND ON-THE-JOB
TRAINING.
(II) AT THE REQUEST OF THE NEW YORK CITY TRANSIT AUTHORITY, THE BIG
APPLE TRANSIT AUTHORITY, AND THEIR SUBSIDIARIES, THE CONTRACTOR SHALL
REQUEST EACH EMPLOYMENT AGENCY, LABOR UNION, OR AUTHORIZED REPRESEN-
TATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE BARGAINING OR OTHER
AGREEMENT OR UNDERSTANDING AND WHICH IS INVOLVED IN THE PERFORMANCE OF
THE CONTRACT WITH THE AUTHORITY TO FURNISH A WRITTEN STATEMENT THAT SUCH
EMPLOYMENT AGENCY, LABOR UNION OR REPRESENTATIVE SHALL NOT DISCRIMINATE
BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE, DISABILITY OR
MARITAL STATUS AND THAT SUCH UNION OR REPRESENTATIVE WILL COOPERATE IN
THE IMPLEMENTATION OF THE CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION.
(III) THE CONTRACTOR WILL STATE, IN ALL SOLICITATIONS OR ADVERTISE-
MENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR IN THE
S. 5555 91
PERFORMANCE OF THE CONTRACT WITH THE AUTHORITY, THAT ALL QUALIFIED
APPLICANTS WILL BE AFFORDED EQUAL EMPLOYMENT OPPORTUNITY WITHOUT
DISCRIMINATION BECAUSE OF RACE, CREED, COLOR, NATIONAL ORIGIN, SEX, AGE,
DISABILITY OR MARITAL STATUS.
(IV) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF SUBPARAGRAPHS (I),
(II), AND (III) OF THIS PARAGRAPH IN EVERY SUBCONTRACT OR PURCHASE ORDER
IN SUCH A MANNER THAT SUCH PROVISIONS WILL BE BINDING UPON EACH SUBCON-
TRACTOR OR VENDOR AS TO ITS WORK IN CONNECTION WITH THE CONTRACT WITH
THE AUTHORITY.
(B) THE AUTHORITY SHALL ESTABLISH PROCEDURES AND GUIDELINES TO ENSURE
THAT CONTRACTORS AND SUBCONTRACTORS UNDERTAKE PROGRAMS OF AFFIRMATIVE
ACTION AND EQUAL EMPLOYMENT OPPORTUNITY AS REQUIRED BY THIS SUBDIVISION.
SUCH PROCEDURES MAY REQUIRE AFTER NOTICE IN A BID SOLICITATION, THE
SUBMISSION OF AN AFFIRMATIVE ACTION PROGRAM PRIOR TO THE AWARD OF ANY
CONTRACT, OR AT ANY TIME THEREAFTER, AND MAY REQUIRE THE SUBMISSION OF
COMPLIANCE REPORTS RELATING TO THE OPERATION AND IMPLEMENTATION OF ANY
AFFIRMATIVE ACTION PROGRAM ADOPTED PURSUANT TO THIS SECTION. THE AUTHOR-
ITY MAY TAKE APPROPRIATE ACTION INCLUDING CONTRACTUAL SANCTIONS FOR
NON-COMPLIANCE TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION AND
SHALL BE RESPONSIBLE FOR MONITORING COMPLIANCE WITH THIS TITLE.
14. (A)(I) IN THE PERFORMANCE OF PROJECTS PURSUANT TO THIS TITLE
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES SHALL BE GIVEN THE OPPOR-
TUNITY FOR MEANINGFUL PARTICIPATION. THE AUTHORITY PROVIDED FOR IN THIS
TITLE SHALL ESTABLISH MEASURES AND PROCEDURES TO SECURE MEANINGFUL
PARTICIPATION AND IDENTIFY THOSE CONTRACTS AND ITEMS OF WORK FOR WHICH
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES MAY BEST BID TO ACTIVELY
AND AFFIRMATIVELY PROMOTE AND ASSIST THEIR PARTICIPATION IN THE
PROJECTS, SO AS TO FACILITATE THE AWARD OF A FAIR SHARE OF CONTRACTS TO
SUCH ENTERPRISES; PROVIDED, HOWEVER, THAT NOTHING IN THIS TITLE SHALL BE
CONSTRUED TO LIMIT THE ABILITY OF THE AUTHORITY TO ASSURE THAT QUALIFIED
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES MAY PARTICIPATE IN THE
PROGRAM.
(A) FOR PURPOSES OF THIS SECTION, MINORITY BUSINESS ENTERPRISE SHALL
MEAN ANY BUSINESS ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM
OWNED BY, OR IN THE CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-
ONE PER CENTUM OF THE STOCK OF WHICH IS OWNED BY CITIZENS OR PERMANENT
RESIDENT ALIENS WHO ARE AFRICAN-AMERICAN, HISPANIC, ASIAN OR AMERICAN
INDIAN, PACIFIC ISLANDER OR ALASKAN NATIVES AND SUCH OWNERSHIP INTEREST
IS REAL, SUBSTANTIAL AND CONTINUING AND HAVE THE AUTHORITY TO INDEPEND-
ENTLY CONTROL THE DAY TO DAY BUSINESS DECISIONS OF THE ENTITY FOR AT
LEAST ONE YEAR; AND WOMEN-OWNED BUSINESS ENTERPRISE SHALL MEAN ANY BUSI-
NESS ENTERPRISE WHICH IS AT LEAST FIFTY-ONE PER CENTUM OWNED BY, OR IN
THE CASE OF A PUBLICLY OWNED BUSINESS, AT LEAST FIFTY-ONE PER CENTUM OF
THE STOCK OF WHICH IS OWNED BY CITIZENS OR PERMANENT RESIDENT ALIENS WHO
ARE WOMEN, AND SUCH OWNERSHIP INTEREST IS REAL, SUBSTANTIAL AND CONTINU-
ING AND HAVE THE AUTHORITY TO INDEPENDENTLY CONTROL THE DAY TO DAY BUSI-
NESS DECISIONS OF THE ENTITY FOR AT LEAST ONE YEAR.
(B) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT BE CONSTRUED TO LIMIT
THE ABILITY OF ANY MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE TO BID ON
ANY CONTRACT.
(II) IN THE IMPLEMENTATION OF THIS SUBDIVISION, THE AUTHORITY SHALL
CONSIDER COMPLIANCE BY ANY CONTRACTOR WITH THE REQUIREMENTS OF ANY
FEDERAL, STATE, OR LOCAL LAW CONCERNING MINORITY AND WOMEN-OWNED BUSI-
NESS ENTERPRISES, WHICH MAY EFFECTUATE THE REQUIREMENTS OF THIS SUBDIVI-
SION. IF THE AUTHORITY DETERMINES THAT BY VIRTUE OF THE IMPOSITION OF
THE REQUIREMENTS OF ANY SUCH LAW, IN RESPECT TO CAPITAL PROJECT
S. 5555 92
CONTRACTS, THE PROVISIONS THEREOF DUPLICATE OR CONFLICT WITH SUCH LAW,
THE AUTHORITY MAY WAIVE THE APPLICABILITY OF THIS SUBDIVISION TO THE
EXTENT OF SUCH DUPLICATION OR CONFLICT.
(III) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THAT
OVERALL STATE AND FEDERAL REQUIREMENTS FOR PARTICIPATION OF MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES IN PROGRAMS AUTHORIZED UNDER THIS TITLE
BE APPLIED WITHOUT REGARD TO LOCAL CIRCUMSTANCES TO ALL PROJECTS OR IN
ALL COMMUNITIES.
(B) IN ORDER TO IMPLEMENT THE REQUIREMENTS AND OBJECTIVES OF THIS
SUBDIVISION, THE AUTHORITY SHALL ESTABLISH PROCEDURES TO MONITOR THE
CONTRACTORS' COMPLIANCE WITH PROVISIONS HEREOF, PROVIDE ASSISTANCE IN
OBTAINING COMPETING QUALIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISES TO PERFORM CONTRACTS PROPOSED TO BE AWARDED, AND TAKE OTHER
APPROPRIATE MEASURES TO IMPROVE THE ACCESS OF MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES TO THESE CONTRACTS.
15. (A) IN CONNECTION WITH THE PERFORMANCE OF PROJECTS PURSUANT TO
THIS SECTION, THE AUTHORITY SHALL, TO THE EXTENT PRACTICABLE AND NOT
INCONSISTENT WITH ANY FEDERAL LAW, REGULATION OR REQUIREMENT, PROMOTE
THE MEANINGFUL PARTICIPATION OF SMALL BUSINESS AND NEW YORK STATE BUSI-
NESS ENTERPRISES IN THE PROVISION OF GOODS AND SERVICES THAT ARE
PRODUCED OR MANUFACTURED IN NEW YORK STATE AS PART OF PROCUREMENTS
UNDERTAKEN BY THE AUTHORITY.
(B) THE AUTHORITY SHALL WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION DEVELOP, AND REVIEW ANNUALLY THERE-
AFTER, A PLAN TO EFFECT THE PURPOSES OF THIS SUBDIVISION.
§ 1349-K. EXCESS LOSS FUND. 1. SUBJECT TO THE PROVISIONS OF THIS
SECTION, THE AUTHORITY IS AUTHORIZED TO ISSUE BONDS AND NOTES, IN
ACCORDANCE WITH SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS TITLE, IN
SUCH PRINCIPAL AMOUNTS NOT IN EXCESS OF THE SEVENTY-FIVE MILLION DOLLAR
LIMITATION ESTABLISHED IN SUBDIVISION FOUR OF THIS SECTION AS, IN THE
OPINION OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFICIENT FUNDS
TO MEET THE CAPITAL AND RESERVE REQUIREMENTS OF A TRUST, POOLING
ARRANGEMENT OR OTHER ENTITY ESTABLISHED FOR THE PURPOSE OF PROVIDING
REIMBURSEMENT AND FUNDING TO THE AUTHORITY AND ITS SUBSIDIARIES, THE NEW
YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES AND TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY FOR EXCESS OR EXTRAORDINARY LOSSES FOR DAMAGES TO
REAL OR PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF OR FOR PERSONAL
INJURIES OR DEATH AND FOR CERTAIN PROPERTY DAMAGE LOSSES WHICH MAY BE
INCURRED OR SUSTAINED BY ANY OF THEM IN CONNECTION WITH THE USE AND
OPERATION OF THEIR RESPECTIVE FACILITIES AND IN THE CONDUCT OF THEIR
RESPECTIVE ACTIVITIES, THE TRUST, POOLING ARRANGEMENT OR OTHER ENTITY
ESTABLISHED IN ORDER TO PROVIDE SUCH BENEFITS TO SUCH PARTICIPANTS BEING
REFERRED TO IN THIS SECTION AS THE "EXCESS LOSS FUND". PRIOR TO THE
ISSUANCE OF ANY BONDS OR NOTES, OTHER THAN REFUNDING BONDS OR NOTES,
AUTHORIZED BY THIS SECTION, THE AUTHORITY SHALL MAKE A FINDING THAT SUCH
ISSUE IS EXPECTED TO RESULT, ON A PRESENT VALUE BASIS, IN A LOWER EFFEC-
TIVE COST TO THE PARTICIPATING AUTHORITIES THAN FUNDING THE REQUIREMENTS
OF THE EXCESS LOSS FUND SOLELY THROUGH THE PAYMENT OF PREMIUMS AND
ASSESSMENTS BY SUCH PARTICIPATING AUTHORITIES.
2. IN ORDER TO EFFECTUATE THE PURPOSES OF THE EXCESS LOSS FUND, THE
AUTHORITY SHALL, SUBJECT TO THE PROVISIONS OF THIS SECTION, HAVE ALL THE
POWERS PROVIDED ELSEWHERE IN THIS TITLE AND MAY:
(A) ACCEPT THE NOTES, BONDS AND OTHER CONTRACTUAL OBLIGATIONS OF THE
EXCESS LOSS FUND FOR FUNDS PROVIDED TO IT BY THE AUTHORITY;
(B) OBTAIN SECURITY FOR THE PAYMENT BY THE EXCESS LOSS FUND OF ITS
NOTES, BONDS AND OTHER CONTRACTUAL OBLIGATIONS ISSUED TO THE AUTHORITY,
S. 5555 93
INCLUDING A PLEDGE OF ALL OR ANY PART OF THE ASSETS AND REVENUES OF THE
EXCESS LOSS FUND, INCLUDING ITS RECEIPTS AND RIGHTS TO RECEIVE PREMIUMS,
ASSESSMENTS, REIMBURSEMENTS AND OTHER PAYMENTS FROM THE PARTICIPANTS IN
THE EXCESS LOSS FUND, WHICH PLEDGE MAY CONTAIN COVENANTS WITH RESPECT TO
THE CHARGING AND FIXING BY ACTUARIAL ESTIMATES, WHERE APPROPRIATE, OF
PREMIUMS, ASSESSMENTS, REIMBURSEMENTS AND OTHER PAYMENTS AND THE USE AND
DISPOSITION THEREOF; AND
(C) ENTER INTO CONTRACTS WITH THE EXCESS LOSS FUND AND WITH THE
PARTICIPANTS THEREIN, ON SUCH TERMS AND CONDITIONS AS THE PARTIES MAY
AGREE, WITH RESPECT TO THE PAYMENT OF PREMIUMS, ASSESSMENTS, REIMBURSE-
MENTS AND OTHER PAYMENTS TO THE EXCESS LOSS FUND AND THE NATURE AND
EXTENT OF THE BENEFITS TO BE PAID BY THE EXCESS LOSS FUND TO SUCH
PARTICIPANTS.
3. THE BONDS AND NOTES OF THE AUTHORITY AUTHORIZED BY THIS SECTION
SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE AUTHORITY, BUT SHALL BE
SPECIAL OBLIGATIONS OF THE AUTHORITY PAYABLE AS TO PRINCIPAL, REDEMPTION
PREMIUM, IF ANY, AND INTEREST SOLELY FROM THE SECURITY, SOURCES OF
PAYMENT AND FUNDS OBTAINED FROM OR ON BEHALF OF THE EXCESS LOSS FUND,
ALL IN THE MANNER MORE PARTICULARLY PROVIDED BY THE AUTHORITY IN THE
RESOLUTION UNDER WHICH SUCH BONDS AND NOTES SHALL BE AUTHORIZED TO BE
ISSUED.
4. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AND NOTES ISSUED FOR THE
PURPOSES ENUMERATED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT EXCEED
SEVENTY-FIVE MILLION DOLLARS, EXCLUDING:
(A) BONDS AND NOTES ISSUED TO FUND COSTS OF ISSUANCE AND ANY REASON-
ABLY REQUIRED DEBT SERVICE RESERVE FUND FOR SUCH BONDS OR NOTES;
(B) AN AMOUNT EQUAL TO ANY ORIGINAL ISSUE DISCOUNT FROM THE PRINCIPAL
AMOUNT OF ANY BONDS OR NOTES ISSUED; AND
(C) BONDS AND NOTES ISSUED TO REFUND OR OTHERWISE REPAY BONDS OR NOTES
THERETOFORE ISSUED FOR SUCH PURPOSES, PROVIDED, HOWEVER, THAT UPON ANY
SUCH REFUNDING OR REPAYMENT OF THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF
OUTSTANDING BONDS AND NOTES, INCLUDING FOR PURPOSE OF SUCH CALCULATION
THE PRINCIPAL AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO BE ISSUED
AND EXCLUDING THE PRINCIPAL AMOUNT OF THE BONDS OR NOTES SO TO BE
REFUNDED OR REPAID AND ANY AMOUNTS EXCLUDED UNDER PARAGRAPH (A) OR (B)
OF THIS SUBDIVISION, MAY BE GREATER THAN SEVENTY-FIVE MILLION DOLLARS,
ONLY IF THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING
OR REPAYMENT BONDS OR NOTES TO BE ISSUED SHALL NOT EXCEED THE PRESENT
VALUE OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE
REFUNDED OR REPAID. FOR PURPOSES OF THIS SUBPARAGRAPH, THE PRESENT
VALUES OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS
OR NOTES AND OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO
BE REFUNDED OR REPAID, SHALL BE CALCULATED BY UTILIZING THE EFFECTIVE
INTEREST RATE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES, WHICH SHALL
BE THAT RATE ARRIVED AT BY DOUBLING THE SEMI-ANNUAL INTEREST RATE,
COMPOUNDED SEMI-ANNUALLY, NECESSARY TO DISCOUNT THE DEBT SERVICE
PAYMENTS ON THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE PAYMENT
DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR REPAYMENT BONDS
OR NOTES AND TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST OR
PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED INTEREST
FROM THE SALE THEREOF.
5. THE TERM "EXCESS LOSS FUND" AS USED IN THIS SECTION SHALL NOT
INCLUDE ANY TRUST, POOLING ARRANGEMENTS OR OTHER ENTITY (A) WHICH
PROVIDES OR OFFERS TO PROVIDE REIMBURSEMENT OR FUNDING FOR LOSSES OR
LIABILITIES TO ANY ENTITY OTHER THAN THE AUTHORITY AND ITS SUBSIDIARIES,
THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES AND TRIBOROUGH
S. 5555 94
BRIDGE AND TUNNEL AUTHORITY, OR (B) IN WHICH ANY ENTITY OTHER THAN THE
AUTHORITY AND ITS SUBSIDIARIES, THE NEW YORK CITY TRANSIT AUTHORITY AND
ITS SUBSIDIARIES AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY HOLDS AN
EQUITY INTEREST.
§ 1349-L. AUTHORITY POLICE FORCE. 1. THE AUTHORITY IS HEREBY AUTHOR-
IZED AND EMPOWERED, TO PROVIDE AND MAINTAIN AN AUTHORITY POLICE DEPART-
MENT AND A UNIFORMED AUTHORITY POLICE FORCE. EACH MEMBER OF SUCH
UNIFORMED POLICE FORCE SHALL BE A "POLICE OFFICER" FOR THE PURPOSES OF
THE CRIMINAL PROCEDURE LAW, WITH ALL OF THE POWERS OF SUCH POLICE OFFI-
CERS THEREUNDER AND SUBJECT TO THE SAME JURISDICTIONAL PROVISIONS ON THE
EXERCISE OF THAT POWER AS SET FORTH IN SUCH LAW. THE GEOGRAPHICAL AREA
OF EMPLOYMENT OF SUCH POLICE OFFICERS FOR THE PURPOSES OF THE CRIMINAL
PROCEDURE LAW SHALL EMBRACE THE CITY OF NEW YORK. SUCH DEPARTMENT AND
FORCE SHALL HAVE THE POWER, IN AND ABOUT ANY OR ALL OF THE FACILITIES
OWNED, OCCUPIED AND/OR OPERATED BY THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES,
AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AS DETERMINED IN THE
DISCRETION OF THE AUTHORITY, TO ENFORCE AND PREVENT VIOLATION OF ALL
LAWS AND ORDINANCES. NOTHING IN THIS SECTION SHALL CONFER UPON THE
AUTHORITY POLICE FORCE OR UPON THEIR COLLECTIVE NEGOTIATIONS REPRESEN-
TATIVES EXCLUSIVE JURISDICTION OR CLAIM OVER THE EXERCISE OF POLICE
POWER OR SECURITY WORK ON BEHALF OF THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES,
AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY. NOTHING IN THIS SECTION
SHALL LIMIT THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE NEW YORK
CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY FROM CONTINUING TO RELY ON LOCAL POLICE FOR POLICE
SERVICES.
2. INITIAL APPOINTMENTS TO SUCH AUTHORITY POLICE FORCE SHALL FROM THE
INCUMBENT POLICE OFFICERS OF THE METROPOLITAN TRANSPORTATION AUTHORITY
AT THE TIME OF SUCH APPOINTMENT. THE EXECUTIVE DIRECTOR OF THE AUTHORI-
TY, THROUGH THE CHIEF OF POLICE, SHALL HAVE THE POWER AND AUTHORITY TO
APPOINT AND EMPLOY SUCH NUMBER OF POLICE OFFICERS AS HE OR SHE DEEMS
NECESSARY TO ACT AS POLICE OFFICERS OF THE AUTHORITY AND TO ADMINISTER
TO THE OFFICERS AN OATH OR AFFIRMATION FAITHFULLY TO PERFORM THE DUTIES
OF THEIR RESPECTIVE POSITIONS OR OFFICES. UNLESS, AT THE TIME OF
APPOINTMENT, THE PERSON IS A POLICE OFFICER OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY, ONLY PERSONS WHO HAVE NEVER BEEN CONVICTED OF A
FELONY AND ARE CITIZENS OF THE UNITED STATES SHALL BE APPOINTED POLICE
OFFICERS ON THE AUTHORITY POLICE FORCE. AFTER THE INITIAL APPOINTMENTS
ARE MADE, SELECTION OF POLICE OFFICER CANDIDATES SHALL BE MADE PURSUANT
TO AN EXAMINATION PROCESS TO BE DETERMINED AT THE DISCRETION OF THE
AUTHORITY AND CANDIDATES MUST RECEIVE A CERTIFICATE ATTESTING TO SATIS-
FACTORY COMPLETION OF AN APPROVED MUNICIPAL POLICE BASIC TRAINING
PROGRAM, AS DESCRIBED IN SECTION TWO HUNDRED NINE-Q OF THE GENERAL
MUNICIPAL LAW. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT UNLESS SUCH
PERSON IS NOT LESS THAN TWENTY YEARS OF AGE AS OF THE DATE OF APPOINT-
MENT NOR MORE THAN THIRTY-FIVE YEARS OF AGE AS OF THE DATE WHEN THE
APPLICANT TAKES THE WRITTEN EXAMINATION, PROVIDED, HOWEVER, THAT TIME
SPENT ON MILITARY DUTY OR ON TERMINAL LEAVE, NOT EXCEEDING A TOTAL OF
SIX YEARS, SHALL BE SUBTRACTED FROM THE AGE OF ANY APPLICANT WHO HAS
PASSED HIS OR HER THIRTY-FIFTH BIRTHDAY AS PROVIDED IN SUBDIVISION TEN-A
OF SECTION TWO HUNDRED FORTY-THREE OF THE MILITARY LAW. UPON APPOINT-
MENTS MADE BY TRANSFERRING AN ENTIRE GROUP OF POLICE OFFICERS INTO THE
AUTHORITY POLICE FORCE, THEREBY ELIMINATING SUCH OTHER GROUP OF POLICE
OFFICERS, THE AUTHORITY SHALL RECOGNIZE ANY REPRESENTATIVE PREVIOUSLY
S. 5555 95
CHOSEN BY THE POLICE OFFICERS FOR THE PURPOSES OF COLLECTIVE NEGOTI-
ATIONS CONSISTENT WITH THE BARGAINING UNITS ALREADY ESTABLISHED AND
SHALL ALSO ASSUME AND CONTINUE TO OBSERVE ANY EXISTING LABOR CONTRACTS
COVERING THESE POLICE OFFICERS INCLUDING SUCH PROVISIONS WHICH RELATE TO
THE GRIEVANCE AND DISCIPLINARY PROCEDURES AND INTEREST ARBITRATION.
SUBSEQUENT TO THE ESTABLISHMENT OF THE CONSOLIDATED POLICE FORCE THE
AUTHORITY AND THE COLLECTIVE BARGAINING REPRESENTATIVES SHALL BE AUTHOR-
IZED TO NEGOTIATE A MERGER OF THE SEPARATE BARGAINING UNITS.
3. THE AUTHORITY MAY APPOINT A CHIEF AND ONE OR MORE DEPUTY CHIEFS OF
THE AUTHORITY POLICE DEPARTMENT WHO, IN THE DISCRETION OF THE AUTHORITY,
MAY BE SELECTED FROM THE RANKS OF THE AUTHORITY POLICE FORCE, AND ASSIGN
POWERS AND DUTIES TO THEM AND FIX THEIR COMPENSATION. THE CHIEF SHALL BE
THE HEAD OF SUCH DEPARTMENT. THE DEPUTY CHIEF DESIGNATED BY THE CHIEF
SHALL POSSESS ALL THE POWERS AND PERFORM ALL THE DUTIES OF THE CHIEF
DURING HIS OR SHE ABSENCE OR DISABILITY. THE AUTHORITY POLICE FORCE
SHALL CONSIST OF SUCH DIVISIONS, SUPERVISORS AND OFFICERS, INCLUDING BUT
NOT LIMITED TO POLICE OFFICERS, DETECTIVES, SERGEANTS, LIEUTENANTS AND
CAPTAINS AS DESIGNATED BY THE AUTHORITY. NOTWITHSTANDING ANY LAW OR
PROVISION TO THE CONTRARY, THE MEMBERS OF THE UNIFORMED AUTHORITY POLICE
FORCE SHALL NOT ACQUIRE CIVIL SERVICE STATUS OR BECOME MEMBERS OF THE
NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, EXCEPT AS SET IN
THIS SECTION.
4. THE AUTHORITY MAY, IN ITS SOLE DISCRETION, ESTABLISH WITHIN THE
AUTHORITY'S DEFINED BENEFIT PROGRAM, A RETIREMENT PROGRAM CONSISTENT
WITH THE FOREGOING. IF THE AUTHORITY HAS NOT SO ESTABLISHED SUCH PROGRAM
IN ITS DEFINED BENEFIT PROGRAM WITHIN ONE HUNDRED EIGHTY DAYS AFTER
ENACTMENT, THEN THE AUTHORITY SHALL ELECT TO PARTICIPATE IN ARTICLE
FOURTEEN-B OF THE RETIREMENT AND SOCIAL SECURITY LAW.
5. IF THE AUTHORITY ELECTS TO PARTICIPATE IN THE NEW YORK CITY EMPLOY-
EES' RETIREMENT SYSTEM, SUCH ELECTION TO PARTICIPATE SHALL BE MADE BY
RESOLUTION FILED WITH THE COMPTROLLER AND ACCEPTED BY HIM OR HER PURSU-
ANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL SECURITY LAW.
6. NOTHING CONTAINED IN THIS SECTION SHALL BE DEEMED TO DIMINISH,
SUSPEND OR ABOLISH AN EXISTING BENEFIT INURED TO A POLICE OFFICER,
TRANSFERRED FROM THE METROPOLITAN TRANSPORTATION AUTHORITY POLICE FORCE
AND SUBJECT TO THE PROVISIONS OF THIS SECTION IN AND TO THE RIGHTS,
PRIVILEGES OR STATUS PREVIOUSLY EARNED WITHIN A PENSION OR RETIREMENT
SYSTEM OF WHICH THEY WERE A MEMBER IMMEDIATELY PRIOR TO THE ENACTMENT OF
THIS SECTION; AND ANY SUCH EXISTING RIGHT, PRIVILEGE OR STATUS SHALL
SURVIVE THE EFFECT OF ANY DECISIONS OR DETERMINATIONS LAWFULLY MADE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SO LONG AS SUCH RIGHT,
PRIVILEGE OR STATUS IS GREATER IN BENEFIT TO THAT WHICH WOULD BE IMPOSED
OR IMPUTED TO ANY SUBJECT OFFICER AS A RESULT OF ACTIONS OF THE AUTHORI-
TY AUTHORIZED BY THIS SECTION.
§ 1349-M. THE PERMANENT CITIZENS ADVISORY COMMITTEE. THERE IS HEREBY
ESTABLISHED A PERMANENT CITIZENS ADVISORY COMMITTEE. THE MEMBERS OF THE
COMMITTEE SHALL CONSIST OF THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY
COUNCIL, AS DEFINED IN SECTION TWELVE HUNDRED FOUR-E OF THIS TITLE.
§ 1349-N. BIG APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS. 1. A BIG
APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS SHALL BE CREATED AND ADOPTED
BY THE BIG APPLE TRANSIT AUTHORITY. A COPY OF SUCH PLEDGE SHALL BE POST-
ED ON THE WEBSITE OF THE AUTHORITY AND SHALL BE POSTED IN STATIONS WHERE
THE AUTHORITY MAKES REGULAR POSTINGS. THE AUTHORITY SHALL POST THE
PLEDGE IN THE LANGUAGE OR LANGUAGES IT DEEMS NECESSARY AND APPROPRIATE.
2. THE BIG APPLE TRANSIT AUTHORITY PLEDGE TO CUSTOMERS SHALL BE IN THE
FORM AND MANNER AS PRESCRIBED BY THE AUTHORITY, INCLUDE THE CONTACT
S. 5555 96
INFORMATION OF THE AUTHORITY, AND INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
(A) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO PROVIDE SAFE AND
RELIABLE SERVICES;
(B) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO PROVIDE TIMELY AND
ACCURATE INFORMATION ON ITS SERVICES;
(C) A COMMITMENT THAT EMPLOYEES WILL PROVIDE SERVICE IN A COURTEOUS
MANNER;
(D) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO MAINTAIN CLEAN
STATIONS, FACILITIES, SUBWAYS AND BUSES;
(E) A DESCRIPTION OF THE AUTHORITY'S POLICIES WHEN IT COMES TO ARRANG-
ING ALTERNATIVE TRANSPORTATION WHEN SERVICE IS INTERRUPTED;
(F) WHEN SERVICE IS INTERRUPTED, A DESCRIPTION OF THE AUTHORITY'S
POLICIES WHEN IT COMES TO CONSIDERING THE COMFORT OF INCONVENIENCED
CUSTOMERS;
(G) WHEN SERVICE IS INTERRUPTED DUE TO WEATHER CONDITIONS, A
DESCRIPTION OF THE AUTHORITY'S POLICIES ON NOTIFYING CUSTOMERS; AND
(H) WHEN SERVICE IS SEVERELY INTERRUPTED, A DESCRIPTION OF THE AUTHOR-
ITY'S POLICIES ON SERVICE RESTORATION.
3. THE AUTHORITY FROM TIME TO TIME MAY UPDATE AND AMEND THE BIG APPLE
TRANSIT AUTHORITY PLEDGE TO CUSTOMERS AS IT DEEMS NECESSARY AND PROPER
AND MAY ADOPT RULES AND REGULATIONS FOR THE PROPER ADMINISTRATION OF
THIS SECTION.
§ 1349-O. EXPIRED FARE TRANSFER POLICY. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY SHALL, WITHIN NINETY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ESTABLISH AN EXPIRED FARE
TRANSFER POLICY THAT MAY BE AMENDED FROM TIME TO TIME. SUCH POLICY SHALL
PROVIDE ANY PERSON WHO PURCHASES A FARE THE ABILITY TO TRANSFER ANY
REMAINING BALANCE FOR TWO YEARS AFTER SUCH FARE IS DEEMED EXPIRED.
§ 1349-P. ACQUISITION AND DISPOSITION OF REAL PROPERTY. 1. IN ADDI-
TION TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-H OF
THIS TITLE TO ACQUIRE TRANSPORTATION FACILITIES, EQUIPMENT AND REAL
PROPERTY, THE AUTHORITY MAY ACQUIRE, BY CONDEMNATION PURSUANT TO THE
EMINENT DOMAIN PROCEDURE LAW, ANY REAL PROPERTY WITHIN THE CITY OF NEW
YORK IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE TO EFFECTUATE THE
PURPOSES OF THIS TITLE, PROVIDED HOWEVER, THAT ANY SUCH CONDEMNATION
PROCEEDINGS SHALL BE BROUGHT ONLY IN THE SUPREME COURT AND THE COMPEN-
SATION TO BE PAID SHALL BE ASCERTAINED AND DETERMINED BY THE COURT WITH-
OUT A JURY. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, NO REAL
PROPERTY MAY BE ACQUIRED BY THE AUTHORITY BY CONDEMNATION FOR PURPOSES
OTHER THAN A TRANSPORTATION FACILITY UNLESS THE GOVERNING BODY OF THE
CITY, VILLAGE OR TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED SHALL FIRST
CONSENT TO SUCH CONDEMNATION.
2. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE
AUTHORITY FROM BRINGING ANY PROCEEDINGS TO REMOVE A CLOUD ON TITLE OR
SUCH OTHER PROCEEDINGS AS IT MAY, IN ITS DISCRETION, DEEM PROPER AND
NECESSARY OR FROM ACQUIRING ANY SUCH PROPERTY BY NEGOTIATION OR
PURCHASE.
3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS TO CONDEMN
ANY REAL PROPERTY FOR ANY OF THE PURPOSES OF THIS TITLE REMAINS IN
POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING OF TITLE IN
THE CONDEMNOR, THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
SUCH PROPERTY SUBSEQUENT TO SUCH TIME AS FIXED BY AGREEMENT OR BY THE
COURT IN SUCH PROCEEDINGS OR BY ANY COURT OF COMPETENT JURISDICTION
SHALL BE A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS OF RECORD
AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
S. 5555 97
4. SUBJECT TO THE PROVISIONS OF SECTIONS THIRTEEN HUNDRED FORTY-NINE-H
AND THIRTEEN HUNDRED FORTY-NINE-J OF THIS TITLE, TITLE TO ALL PROPERTY
ACQUIRED UNDER THIS TITLE SHALL VEST IN THE AUTHORITY OR ONE OF ITS
SUBSIDIARY CORPORATIONS, OR IN THE NEW YORK CITY TRANSIT AUTHORITY OR
ONE OF ITS SUBSIDIARY CORPORATIONS AS THE AUTHORITY DIRECTS.
5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE INTER-
EST OF THE AUTHORITY, DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT OR
DESIRABLE FOR ITS PURPOSES.
6. THE AUTHORITY MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
INTEREST OF THE AUTHORITY, RENT, LEASE, OR GRANT EASEMENTS OR OTHER
RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
§ 1349-Q. ACQUISITION AND DISPOSITION OF REAL PROPERTY BY DEPARTMENT
OF TRANSPORTATION. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR THE
PAYMENT OF THE COST AND EXPENSE OF THE ACQUISITION THEREOF, THE COMMIS-
SIONER OF TRANSPORTATION OF THE STATE OF NEW YORK, WHEN REQUESTED BY THE
AUTHORITY, MAY ACQUIRE SUCH REAL PROPERTY IN THE NAME OF THE STATE AS
MAY BE DETERMINED FROM TIME TO TIME BY THE AUTHORITY AS BEING NECESSARY,
CONVENIENT OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS TITLE, MAY
REMOVE THE OWNER OR OCCUPANT THEREOF WHERE NECESSARY AND OBTAIN
POSSESSION AND, WHEN REQUESTED BY THE AUTHORITY, MAY DISPOSE OF ANY REAL
PROPERTY SO ACQUIRED, ALL ACCORDING TO THE PROCEDURE PROVIDED IN SECTION
THIRTY OF THE HIGHWAY LAW. THE AUTHORITY SHALL HAVE THE RIGHT TO POSSESS
AND USE FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY SO ACQUIRED.
CLAIMS FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR LEGAL DAMAGES
CAUSED BY ANY SUCH APPROPRIATION SHALL BE ADJUSTED AND DETERMINED BY
SUCH COMMISSIONER WITH THE APPROVAL OF THE AUTHORITY OR BY THE COURT OF
CLAIMS AS PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW. WHEN A CLAIM
HAS BEEN FILED WITH THE COURT OF CLAIMS, THE CLAIMANT SHALL CAUSE A COPY
OF SUCH CLAIM TO BE SERVED UPON THE AUTHORITY AND THE AUTHORITY SHALL
HAVE THE RIGHT TO BE REPRESENTED AND HEARD BEFORE SUCH COURT. ALL AWARDS
AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL BE PAID OUT OF MONEYS OF
THE AUTHORITY. NO REAL PROPERTY MAY BE ACQUIRED PURSUANT TO THE
PROVISIONS OF THIS SECTION FOR PURPOSES OTHER THAN A TRANSPORTATION
FACILITY UNLESS THE GOVERNING BODY OF THE CITY, VILLAGE OR TOWN IN WHICH
SUCH REAL PROPERTY IS LOCATED SHALL FIRST CONSENT TO SUCH ACQUISITION.
§ 1349-R. TRANSIT FACILITIES FOR TRANSIT CONSTRUCTION FUND. 1. AS
USED IN THIS SECTION, UNLESS A DIFFERENT MEANING CLEARLY APPEARS FROM
THE CONTEXT:
(A) "CITY" SHALL MEAN THE CITY OF NEW YORK.
(B) "TRANSIT CONSTRUCTION FUND ACT" SHALL MEAN TITLE NINE-A OF THIS
ARTICLE.
(C) "TRANSIT CONSTRUCTION FUND" SHALL MEAN THE CORPORATION CREATED BY
SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THIS ARTICLE.
(D) "TRANSIT FACILITY" SHALL MEAN SUCH TERM AS DEFINED FROM TIME TO
TIME IN SECTION TWELVE HUNDRED TWENTY-FIVE-B OF THIS ARTICLE.
2. IN ADDITION TO THE POWERS PROVIDED ELSEWHERE IN THIS TITLE, AND TO
EFFECTUATE THE PURPOSES OF THE TRANSIT CONSTRUCTION FUND ACT, THE
AUTHORITY MAY:
(A) PLAN, DESIGN, CONSTRUCT, ACQUIRE, EXTEND, RECONSTRUCT, REHABILI-
TATE, MODERNIZE AND OTHERWISE IMPROVE TRANSIT FACILITIES IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF ANY LEASE OR OTHER AGREEMENT WITH THE
TRANSIT CONSTRUCTION FUND;
(B) OCCUPY THE STREETS OF THE CITY OF NEW YORK IN THE COURSE OF
CONSTRUCTING AND THEREAFTER OWNING A TRANSIT FACILITY WHICH CONSISTS OF
A RAPID TRANSIT RAILROAD OR PORTION THEREOF, PROVIDED SUCH CONSTRUCTION
S. 5555 98
IS CARRIED OUT IN ACCORDANCE WITH THE TERMS OF A LEASE OR OTHER AGREE-
MENT WITH THE TRANSIT CONSTRUCTION FUND ENTERED INTO PURSUANT TO THE
PROVISIONS OF THE TRANSIT CONSTRUCTION FUND ACT;
(C) MAKE AND EXECUTE CONTRACTS, LEASES, SUBLEASES, AND ALL OTHER
INSTRUMENTS OR AGREEMENTS DEEMED NECESSARY OR CONVENIENT;
(D) AUTHORIZE THE USE BY THE TRANSIT CONSTRUCTION FUND, EITHER WITH OR
WITHOUT COMPENSATION TO THE AUTHORITY OR ANY SUBSIDIARY OF THE AGENTS,
EMPLOYEES AND FACILITIES OF THE AUTHORITY OR ANY SUBSIDIARY;
(E) UNDERTAKE PLANNING, DESIGN AND FEASIBILITY STUDIES IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF ANY AGREEMENT WITH THE TRANSIT
CONSTRUCTION FUND OR THE CITY; AND
(F) DO ANY AND ALL OTHER THINGS DEEMED NECESSARY OR CONVENIENT.
3. ALL OF THE PROVISIONS OF THIS TITLE NOT INCONSISTENT WITH THE
PROVISIONS OF THIS SECTION SHALL BE APPLICABLE WITH RESPECT TO ANY BONDS
OR NOTES OF THE AUTHORITY ISSUED TO FINANCE ANY PURPOSE AUTHORIZED UNDER
THIS SECTION OR THE TRANSIT CONSTRUCTION FUND ACT, SUBJECT TO THE
FOLLOWING CONDITIONS AND EXCEPTIONS:
(A) PAYMENT OF THE PRINCIPAL, REDEMPTION PREMIUM, IF ANY, AND INTEREST
ON SUCH BONDS AND NOTES SHALL BE MADE ONLY FROM MONIES PAYABLE TO THE
AUTHORITY FROM THE TRANSIT CONSTRUCTION FUND UNDER A LEASE OR OTHER
AGREEMENT ENTERED INTO PURSUANT TO THE PROVISIONS OF THE TRANSIT
CONSTRUCTION FUND ACT, AND ANY SECURITY GIVEN BY THE AUTHORITY FOR THE
PAYMENT OF SUCH PRINCIPAL, REDEMPTION PREMIUM OR INTEREST ON SUCH BONDS
AND NOTES SHALL BE LIMITED TO THE MONIES SO PAYABLE FROM THE TRANSIT
CONSTRUCTION FUND. THE AUTHORITY SHALL NOT GRANT ANY SECURITY INTEREST
IN OR OTHERWISE ENCUMBER ANY TRANSIT FACILITY LEASED TO THE TRANSIT
CONSTRUCTION FUND.
(B) THE PROVISIONS OF SECTION THIRTEEN HUNDRED FORTY-NINE-AA OF THIS
TITLE, RELATING TO THE CREATION AND ESTABLISHMENT OF AND APPROPRIATIONS
AND PAYMENTS TO CERTAIN DEBT SERVICE RESERVE FUNDS SHALL BE INAPPLICA-
BLE; PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT
THE CREATION AND ESTABLISHMENT OF ONE OR MORE RESERVE FUNDS FOR DEBT
SERVICE AS AUTHORIZED BY SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS
TITLE;
(C) IN ADDITION TO THE STATEMENT REQUIRED BY SUBDIVISION NINE OF
SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS TITLE, SUCH BONDS AND
NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO THE EFFECT THAT
THE CITY SHALL NOT BE LIABLE THEREON AND THAT THE SAME SHALL NOT BE A
DEBT OF THE CITY.
4. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW TO THE
CONTRARY, OR OF ANY AGREEMENT ENTERED INTO IN PURSUANCE THEREOF RELATING
TO THE REPAYMENT OF ANY LOAN OR ADVANCE MADE BY THE STATE TO THE AUTHOR-
ITY, THE AUTHORITY SHALL NOT BE REQUIRED TO REPAY ANY SUCH LOAN OR
ADVANCE FROM OR BY REASON OF THE ISSUANCE: (A) OF BONDS OR NOTES OF THE
AUTHORITY ISSUED TO FINANCE ANY PURPOSE AUTHORIZED UNDER THIS SECTION OR
THE TRANSIT CONSTRUCTION FUND ACT, OR THE PROCEEDS REALIZED UPON SUCH
ISSUANCE; OR (B) FROM ANY OTHER FUNDS OF THE AUTHORITY DERIVED FROM THE
TRANSIT CONSTRUCTION FUND OR FROM ANY OTHER SOURCE WHATEVER TO EFFECTU-
ATE THE PURPOSES OF THE TRANSIT CONSTRUCTION FUND ACT.
§ 1349-S. CO-OPERATION AND ASSISTANCE OF OTHER AGENCIES. 1. TO AVOID
DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHORITY MAY
MAKE USE OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND OTHER MATERIALS
IN THE POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY OR POLITICAL
SUBDIVISION OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR SUBDIVISION
IS HEREBY AUTHORIZED TO MAKE THE SAME AVAILABLE TO THE AUTHORITY AND
OTHERWISE TO ASSIST IT IN THE PERFORMANCE OF ITS FUNCTIONS. AT THE
S. 5555 99
REQUEST OF THE AUTHORITY, EACH SUCH AGENCY, MUNICIPALITY OR SUBDIVISION
WHICH IS ENGAGED IN HIGHWAY OR OTHER TRANSPORTATION ACTIVITIES OR IN
LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS CHARGED WITH THE DUTY OF
PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY OR ANY OTHER PUBLIC
FACILITY, IS FURTHER AUTHORIZED TO PROVIDE THE AUTHORITY WITH INFORMA-
TION REGARDING ITS PLANS AND PROGRAMS AFFECTING THE TRANSPORTATION
DISTRICT SO THAT THE AUTHORITY MAY HAVE AVAILABLE TO IT CURRENT INFORMA-
TION WITH RESPECT THERETO. THE OFFICERS AND PERSONNEL OF SUCH AGENCIES,
MUNICIPALITIES OR SUBDIVISIONS, AND OF ANY OTHER GOVERNMENT OR AGENCY
WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY UPON SUCH ADVISORY
COMMITTEES AS THE AUTHORITY SHALL DETERMINE TO CREATE AND SUCH OFFICERS
AND PERSONNEL MAY SERVE UPON SUCH COMMITTEES WITHOUT FORFEITURE OF
OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE COMPENSATION,
STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
2. THE AUTHORITY SHALL, AT THE REQUEST OF ANY STATE AGENCY, MUNICI-
PALITY OR POLITICAL SUBDIVISION OF THE STATE, ENGAGED IN HIGHWAY OR
OTHER TRANSPORTATION ACTIVITIES OR IN LAND USE OR DEVELOPMENT PLANNING,
PROVIDE SAID STATE AGENCY, MUNICIPALITY OR POLITICAL SUBDIVISION WITH
ALL CURRENT AND RELEVANT INFORMATION REGARDING ITS PLANS OR PROGRAMS, SO
AS TO ENABLE SAID AGENCY, MUNICIPALITY OR SUBDIVISION TO PROPERLY EFFEC-
TUATE SAID ACTIVITIES OR PLANNING.
3. TO THE EXTENT THAT THE PROVISIONS OF THIS TITLE AUTHORIZE THE
AUTHORITY TO ENTER INTO ANY AGREEMENT OR ARRANGEMENT WITH, OR UNDERTAKE
ANY OTHER ACTIVITY REQUIRING THE PARTICIPATION OF, THE NEW YORK CITY
TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS IN FURTHERANCE
OF THEIR RESPECTIVE PURPOSES AND POWERS OR THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY IN FURTHERANCE OF ITS PURPOSES AND POWERS, SUCH ENTI-
TIES ARE HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO AND PERFORM SUCH
CONTRACT OR OTHER ARRANGEMENT AND TO UNDERTAKE SUCH ACTIVITIES.
§ 1349-T. PROMOTION OF QUALIFIED TRANSPORTATION FRINGES. THE AUTHORI-
TY SHALL PROMOTE THE BROAD USE OF QUALIFIED TRANSPORTATION FRINGES,
UNDER SECTION ONE HUNDRED THIRTY-TWO OF THE FEDERAL INTERNAL REVENUE
CODE, IN ORDER TO INCREASE THE NUMBER OF PARTICIPATING COMPANIES AND
EMPLOYEES IN SUCH PROGRAMS. THE AUTHORITY MAY ALSO STUDY AND REPORT ON
WAYS IN WHICH PROGRAMS MAY BE IMPROVED SO AS TO INCREASE PUBLIC PARTIC-
IPATION.
§ 1349-U. NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY. 1. (A)
THE AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED FROM TIME TO
TIME TO ISSUE ITS BONDS, NOTES AND OTHER OBLIGATIONS IN SUCH PRINCIPAL
AMOUNT AS, IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY, CONVEN-
IENT OR DESIRABLE TO EFFECTUATE ANY OF ITS POWERS AND PURPOSES, INCLUD-
ING TO PROVIDE SUFFICIENT FUNDS FOR ACHIEVING ITS PURPOSES, INCLUDING
THE ACQUISITION, ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION,
MAINTENANCE, RENOVATION, IMPROVEMENT, EXTENSION, REHABILITATION OR
REPAIR OF ANY TRANSPORTATION FACILITY, THE PAYMENT OF PRINCIPAL, REDEMP-
TION PREMIUM AND INTEREST ON BONDS, NOTES AND OTHER OBLIGATIONS OF THE
AUTHORITY, ESTABLISHMENT OF RESERVES TO SECURE SUCH BONDS, NOTES AND
OTHER OBLIGATIONS, THE PROVISION OF WORKING CAPITAL AND ALL OTHER
EXPENDITURES OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, AND NEW
YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPORATIONS INCIDENT TO
AND NECESSARY OR CONVENIENT TO CARRY OUT THEIR PURPOSES AND POWERS. SUCH
BONDS, NOTES OR OTHER OBLIGATIONS MAY BE ISSUED FOR AN INDIVIDUAL TRANS-
PORTATION FACILITY OR ISSUED ON A CONSOLIDATED BASIS FOR SUCH GROUPS OR
CLASSES OF FACILITIES AND PROJECTS AS THE AUTHORITY IN ITS DISCRETION
DEEMS APPROPRIATE AND BE PAYABLE FROM AND SECURED SEPARATELY OR ON A
CONSOLIDATED BASIS BY, AMONG OTHER THINGS, ALL OR ANY PORTION OF SUCH
S. 5555 100
REVENUES AND OTHER MONIES AND ASSETS OF THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS, AND NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS AS THE AUTHORITY DETERMINES IN ACCORDANCE WITH THE
PROVISIONS OF SECTION THIRTEEN HUNDRED FORTY-NINE-DD OF THIS TITLE;
(B) THE AUTHORITY SHALL HAVE POWER, FROM TIME TO TIME, TO ISSUE
RENEWAL NOTES, TO ISSUE BONDS TO REFUND, REDEEM OR OTHERWISE PAY,
INCLUDING BY PURCHASE OR TENDER, NOTES OF THE AUTHORITY AND ITS SUBSID-
IARY CORPORATIONS, THE METROPOLITAN TRANSPORTATION AUTHORITY, AND THE
NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPORATIONS AND
WHENEVER IT DEEMS REFUNDING, REDEMPTION OR PAYMENT EXPEDIENT, TO REFUND,
REDEEM OR OTHERWISE PAY, INCLUDING BY PURCHASE OR TENDER, ANY BONDS OF
THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE METROPOLITAN TRANS-
PORTATION AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID-
IARY CORPORATIONS AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY BY THE
ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO BE REFUNDED, REDEEMED OR
OTHERWISE PAID HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS PARTLY FOR
SUCH PURPOSE AND PARTLY FOR ANY OTHER PURPOSE AND TO OTHERWISE REFUND,
REDEEM, ACQUIRE BY PURCHASE OR TENDER, OR IN ANY OTHER WAY REPAY ANY
OUTSTANDING NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY, ANY OF
ITS SUBSIDIARY CORPORATIONS, THE METROPOLITAN TRANSPORTATION AUTHORITY,
THE NEW YORK CITY TRANSIT AUTHORITY, ANY OF ITS SUBSIDIARY CORPORATIONS
AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
(C) EVERY ISSUE OF ITS NOTES, BONDS OR OTHER OBLIGATIONS SHALL BE
GENERAL OBLIGATIONS OR SPECIAL OBLIGATIONS. EVERY ISSUE OF GENERAL OBLI-
GATIONS OF THE AUTHORITY SHALL BE PAYABLE OUT OF ANY REVENUES OR MONIES
OF THE AUTHORITY, SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF
PARTICULAR NOTES OR BONDS PLEDGING ANY PARTICULAR RECEIPTS OR REVENUES.
EVERY ISSUE OF SPECIAL OBLIGATIONS SHALL BE PAYABLE OUT OF ANY REVENUES,
RECEIPTS, MONIES OR OTHER ASSETS OF THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IDENTIFIED
FOR SUCH PURPOSES IN ACCORDANCE WITH AGREEMENTS WITH THE HOLDERS OF
PARTICULAR NOTES, BONDS OR OTHER OBLIGATIONS. THE AUTHORITY MAY ISSUE
TRANSPORTATION REVENUE SPECIAL OBLIGATION BONDS, NOTES OR OTHER OBLI-
GATIONS AS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-DD OF THIS
TITLE;
2. THE AUTHORITY MAY FROM TIME TO TIME ISSUE ITS BONDS AND NOTES IN
SUCH PRINCIPAL AMOUNTS AS, IN THE OPINION OF THE AUTHORITY, SHALL BE
NECESSARY TO FINANCE THE UNFUNDED PENSION FUND LIABILITIES OF THE
AUTHORITY, ITS AFFILIATES AND SUBSIDIARIES, PROVIDED, HOWEVER, THAT IN
NO EVENT SHALL THE CUMULATIVE AMOUNTS OF BONDS AND NOTES ISSUED PURSUANT
TO THE AUTHORITY UNDER THIS SUBDIVISION EXCEED ONE BILLION TWO HUNDRED
MILLION DOLLARS OR SIXTY PERCENT OF SUCH UNFUNDED PENSION FUND LIABIL-
ITIES, WHICHEVER IS LESS, AND PROVIDED, FURTHER, THAT NO BONDS SHALL BE
ISSUED UNDER THIS SUBDIVISION FOR A TERM LONGER THAN TWENTY YEARS. THE
AUTHORITY MAY NOT ISSUE BONDS OR NOTES IN ANY TWELVE MONTH PERIOD IN A
CUMULATIVE PRINCIPAL AMOUNT IN EXCESS OF FORTY PERCENT OF THE TOTAL
AMOUNT PERMITTED TO BE ISSUED UNDER THIS SUBDIVISION. PRIOR TO THE ISSU-
ANCE OF ANY BONDS OR NOTES, THE AUTHORITY SHALL MAKE A FINDING THAT SUCH
ISSUE IS EXPECTED TO RESULT, ON A PRESENT VALUE BASIS, IN A LOWER EFFEC-
TIVE COST TO THE AUTHORITY THAN FUNDING THE UNFUNDED PENSION FUND
LIABILITY SOLELY THROUGH THE PAYMENT OF ANNUAL AMOUNTS TO THE PENSION
FUND, ASSUMING THAT THE PRINCIPAL COMPONENT OF THE UNFUNDED LIABILITY
WILL BE AMORTIZED OVER THE SAME NUMBER OF YEARS AS THE TERM OF THE BONDS
OR NOTES AND THAT THE INTEREST PAYABLE THEREON IS THE ACTUARIAL RATE OF
INTEREST DETERMINED BY THE ACTUARY FOR THE PENSION FUND AT THE TIME OF
S. 5555 101
THE ISSUANCE OF SUCH BONDS OR NOTES. THE AGGREGATE PRINCIPAL AMOUNT OF
BONDS AND NOTES ISSUED FOR SUCH PURPOSES MAY BE INCREASED TO FUND COSTS
OF ISSUANCE AND REASONABLY REQUIRED DEBT SERVICE OR OTHER RESERVE FUNDS.
BONDS AND NOTES MAY BE ISSUED TO REFUND OR OTHERWISE REPAY BONDS OR
NOTES THERETOFORE ISSUED FOR SUCH PURPOSES; PROVIDED, HOWEVER, THAT UPON
ANY SUCH REFUNDING OR REPAYMENT, INCLUDING FOR PURPOSE OF SUCH CALCU-
LATION THE PRINCIPAL AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO BE
ISSUED AND EXCLUDING THE PRINCIPAL AMOUNT OF THE BONDS OR NOTES SO TO BE
REFUNDED OR REPAID AND ALSO EXCLUDING ANY AMOUNTS USED TO PAY COSTS OF
ISSUANCE AND REASONABLY REQUIRED DEBT SERVICE OR OTHER RESERVE FUNDS,
THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR
REPAYMENT BONDS OR NOTES TO BE ISSUED SHALL NOT EXCEED THE PRESENT VALUE
OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE REFUNDED OR
REPAID. FOR PURPOSES OF THE PRECEDING SENTENCE, THE PRESENT VALUES OF
THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES
AND OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE
REFUNDED OR REPAID SHALL BE CALCULATED BY UTILIZING THE EFFECTIVE INTER-
EST RATE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES, WHICH SHALL BE
THAT RATE ARRIVED AT BY DOUBLING THE SEMI-ANNUAL INTEREST RATE,
COMPOUNDED SEMI-ANNUALLY, NECESSARY TO DISCOUNT THE DEBT SERVICE
PAYMENTS ON THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE PAYMENT
DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR REPAYMENT BONDS
OR NOTES AND TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST OR
PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED INTEREST
FROM THE SALE THEREOF. DEBT SERVICE ON THE BONDS OR NOTES SHALL BE
STRUCTURED SO THAT THE ECONOMIC BENEFITS THEREOF SHALL BE RELATIVELY
UNIFORM FOR EACH FULL YEAR THROUGHOUT THE TERM OF THE BONDS OR NOTES.
BEGINNING WITH THE DATE OF FIRST ISSUANCE OF BONDS UNDER THIS SECTION,
THE AUTHORITY AND ITS SUBSIDIARIES SHALL MAKE ANNUAL PAYMENTS INTO THE
PENSION FUND IN AMOUNTS AT LEAST EQUAL TO THE CURRENT PENSION CONTRIB-
UTION LIABILITY APPLICABLE TO SUCH YEAR. THE NET PROCEEDS OF THE BONDS
OR NOTES INTENDED TO BE INVESTED IN NON-DEBT SECURITIES MAY BE INVESTED
BY THE RECIPIENT PENSION FUND IN A FISCALLY PRUDENT MANNER IN SECURITIES
CONSISTENT WITH ANY TRUST INDENTURES AND ALL APPLICABLE STATE AND FEDER-
AL LAW OVER A REASONABLE PERIOD OF TIME NOT LESS THAN THIRTY DAYS
FOLLOWING THE ISSUANCE OF THE BONDS OR NOTES. THE OPERATING BUDGET
SAVINGS ASSOCIATED WITH THE ISSUANCE OF PENSION OBLIGATION BONDS PURSU-
ANT TO THIS SUBDIVISION SHALL BE DEDICATED TO REDUCING SERVICE ELIMI-
NATIONS PROJECTED TO OCCUR WITHIN THAT PERIOD.
3. THE NOTES, BONDS AND OTHER OBLIGATIONS SHALL BE AUTHORIZED BY
RESOLUTION APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER
OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT OF
A TIE VOTE THE CHAIRPERSON SHALL CAST ONE ADDITIONAL VOTE. SUCH NOTES,
BONDS AND OTHER OBLIGATIONS SHALL BEAR SUCH DATE OR DATES, AND SHALL
MATURE AT SUCH TIME OR TIMES, IN THE CASE OF ANY SUCH NOTE OR ANY
RENEWALS THEREOF NOT EXCEEDING FIVE YEARS FROM THE DATE OF ISSUE OF SUCH
ORIGINAL NOTE, AND IN THE CASE OF ANY SUCH BOND NOT EXCEEDING FIFTY
YEARS FROM THE DATE OF ISSUE, AS SUCH RESOLUTION OR RESOLUTIONS MAY
PROVIDE. THE NOTES, BONDS AND OTHER OBLIGATIONS SHALL BEAR INTEREST AT
SUCH RATE OR RATES, BE IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER
COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT, AT SUCH PLACE OR
PLACES AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION OR
RESOLUTIONS MAY PROVIDE. THE NOTES, BONDS AND OTHER OBLIGATIONS OF THE
AUTHORITY MAY BE SOLD BY THE AUTHORITY, AT PUBLIC OR PRIVATE SALE, AT
SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE. NO NOTES OR BONDS
S. 5555 102
OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE, HOWEVER,
UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING BY
(A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO THE COMPTROLLER, OR (B)
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, WHERE SUCH SALE IS
TO THE COMPTROLLER.
4. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES, BONDS OR ANY
ISSUE THEREOF, OR ANY OTHER OBLIGATIONS OF THE AUTHORITY, MAY CONTAIN
PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THER-
EOF, AS TO:
(A) PLEDGING ALL OR ANY PART OF THE REVENUES OF THE AUTHORITY OR OF
ANY OF ITS SUBSIDIARY CORPORATIONS OR NEW YORK CITY TRANSIT AUTHORITY OR
ANY OF ITS SUBSIDIARY CORPORATIONS OR TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY ISSUE
THEREOF, OR ANY OTHER OBLIGATIONS OF THE AUTHORITY, SUBJECT TO SUCH
APPLICABLE AGREEMENTS WITH BONDHOLDERS, NOTEHOLDERS, OR HOLDERS OF OTHER
OBLIGATIONS OF THE AUTHORITY, THE METROPOLITAN TRANSPORTATION AUTHORITY,
THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, AND
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
(B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF ANY
OF ITS SUBSIDIARY CORPORATIONS OR NEW YORK CITY TRANSIT AUTHORITY OR ANY
OF ITS SUBSIDIARY CORPORATIONS OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY ISSUE OF NOTES OR
BONDS, OR ANY OTHER OBLIGATIONS OF THE AUTHORITY, SUBJECT TO SUCH AGREE-
MENTS WITH NOTEHOLDERS, BONDHOLDERS, OR HOLDERS OF OTHER OBLIGATIONS OF
THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS, AND TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
(C) THE USE AND DISPOSITION OF REVENUES, INCLUDING FARES, TOLLS,
RENTALS, RATES, CHARGES AND OTHER FEES, MADE OR RECEIVED BY THE AUTHORI-
TY, ANY OF ITS SUBSIDIARY CORPORATIONS, NEW YORK CITY TRANSIT AUTHORITY
OR ANY OF ITS SUBSIDIARY CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY;
(D) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
AND DISPOSITION THEREOF;
(E) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF NOTES,
BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY MAY BE APPLIED AND PLEDGING
SUCH PROCEEDS TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY
ISSUE THEREOF OR OF OTHER OBLIGATIONS;
(F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL NOTES, BONDS OR OTHER
OBLIGATIONS OF THE AUTHORITY; THE TERMS UPON WHICH ADDITIONAL NOTES,
BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY MAY BE ISSUED AND SECURED;
THE REFUNDING OF OUTSTANDING OR OTHER NOTES, BONDS OR OTHER OBLIGATIONS
OF THE AUTHORITY;
(G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
NOTEHOLDERS, BONDHOLDERS, OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHOR-
ITY, MAY BE AMENDED OR ABROGATED, THE AMOUNT OF NOTES, BONDS OR OTHER
OBLIGATIONS OF THE AUTHORITY THE HOLDERS OF WHICH MUST CONSENT THERETO,
AND THE MANNER IN WHICH SUCH CONSENT MAY BE GIVEN;
(H) LIMITATIONS ON THE AMOUNT OF MONIES TO BE EXPENDED BY THE AUTHORI-
TY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR NEW YORK CITY TRANSIT
AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY FOR OPERATING, ADMINISTRATIVE OR OTHER EXPENSES OF THE
AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR NEW YORK CITY TRANSIT
AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS OR TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY;
(I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
S. 5555 103
ALL OF THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY THE
BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
TY PURSUANT TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT OF THE
BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
TY TO APPOINT A TRUSTEE UNDER THIS ARTICLE OR LIMITING THE RIGHTS,
POWERS AND DUTIES OF SUCH TRUSTEE; AND
(J) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES, BONDS OR OTHER OBLI-
GATIONS OF THE AUTHORITY.
5. IN ADDITION TO THE POWERS CONFERRED BY THIS SECTION UPON THE
AUTHORITY TO SECURE ITS NOTES, BONDS AND OTHER OBLIGATIONS, THE AUTHORI-
TY SHALL HAVE POWER IN CONNECTION WITH THE ISSUANCE OF NOTES, BONDS AND
OTHER OBLIGATIONS TO ENTER INTO SUCH AGREEMENTS AS THE AUTHORITY MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE CONCERNING THE USE OR DISPOSI-
TION OF THE MONIES OR PROPERTY OF THE AUTHORITY, ITS SUBSIDIARY CORPO-
RATIONS, NEW YORK CITY TRANSIT AUTHORITY, OR ANY OF ITS SUBSIDIARY
CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, INCLUDING THE
MORTGAGING OF ANY SUCH PROPERTY AND THE ENTRUSTING, PLEDGING OR CREATION
OF ANY OTHER SECURITY INTEREST IN ANY SUCH MONIES OR PROPERTY AND THE
DOING OF ANY ACT (INCLUDING REFRAINING FROM DOING ANY ACT) WHICH THE
AUTHORITY WOULD HAVE THE RIGHT TO DO IN THE ABSENCE OF SUCH AGREEMENTS.
THE AUTHORITY SHALL HAVE POWER TO ENTER INTO AMENDMENTS OF ANY SUCH
AGREEMENTS WITHIN THE POWERS GRANTED TO THE AUTHORITY BY THIS TITLE AND
TO PERFORM SUCH AGREEMENTS. THE PROVISIONS OF ANY SUCH AGREEMENTS MAY BE
MADE A PART OF THE CONTRACT WITH THE HOLDERS OF THE NOTES, BONDS AND
OTHER OBLIGATIONS OF THE AUTHORITY.
6. ANY PLEDGE, MORTGAGE OR SECURITY INSTRUMENT MADE BY THE AUTHORITY
SHALL BE VALID AND BINDING FROM THE TIME WHEN THE PLEDGE, MORTGAGE OR
SECURITY INSTRUMENT IS MADE; THE MONIES OR PROPERTY SO PLEDGED, MORT-
GAGED AND ENTRUSTED AND THEREAFTER RECEIVED BY THE AUTHORITY, OR ANY OF
ITS SUBSIDIARY CORPORATIONS SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF
SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT WITHOUT ANY PHYSICAL DELIV-
ERY THEREOF OR FURTHER ACT; AND THE LIEN OF ANY SUCH PLEDGE, MORTGAGE OR
SECURITY INSTRUMENT SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES
HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE
AUTHORITY, OR ANY OF ITS SUBSIDIARY CORPORATIONS, IRRESPECTIVE OF WHETH-
ER SUCH PARTIES HAVE NOTICE THEREOF. NEITHER THE RESOLUTION NOR ANY
MORTGAGE, SECURITY INSTRUMENT OR OTHER INSTRUMENT BY WHICH A PLEDGE,
MORTGAGE LIEN OR OTHER SECURITY IS CREATED SHALL NEED TO BE RECORDED OR
FILED AND NEITHER THE AUTHORITY NOR, ANY OF ITS SUBSIDIARY CORPORATIONS
SHALL BE REQUIRED TO COMPLY WITH ANY OF THE PROVISIONS OF THE UNIFORM
COMMERCIAL CODE.
7. NEITHER THE MEMBERS OF THE AUTHORITY, THE NEW YORK CITY TRANSIT
AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY NOR ANY PERSON
EXECUTING THE NOTES, BONDS OR OTHER OBLIGATIONS SHALL BE LIABLE
PERSONALLY ON THE NOTES, BONDS OR OTHER OBLIGATIONS OR BE SUBJECT TO ANY
PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
8. THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH THE HOLDERS OF
NOTES, BONDS OR OTHER OBLIGATIONS AS MAY THEN EXIST, SHALL HAVE POWER
OUT OF ANY FUNDS AVAILABLE THEREFOR TO PURCHASE NOTES, BONDS OR OTHER
OBLIGATIONS OF THE AUTHORITY. THE AUTHORITY MAY HOLD, CANCEL OR SELL
SUCH BONDS, NOTES AND OTHER OBLIGATIONS, SUBJECT TO AND IN ACCORDANCE
WITH AGREEMENTS WITH SUCH HOLDERS.
9. NEITHER THE STATE NOR THE CITY OF NEW YORK SHALL BE LIABLE ON
NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY AND SUCH NOTES, BONDS
AND OTHER OBLIGATIONS SHALL NOT BE A DEBT OF THE STATE OR THE CITY OF
S. 5555 104
NEW YORK, AND SUCH NOTES, BONDS AND OTHER OBLIGATIONS SHALL CONTAIN ON
THE FACE THEREOF, OR IN AN EQUALLY PROMINENT PLACE, A STATEMENT TO SUCH
EFFECT.
10. SO LONG AS THE AUTHORITY HAS ANY OUTSTANDING BONDS, NOTES OR OTHER
OBLIGATIONS ISSUED PURSUANT TO THIS SECTION OR ANY BONDS, NOTES OR OTHER
OBLIGATIONS ISSUED OR INCURRED PURSUANT TO SECTION THIRTEEN HUNDRED
FORTY-NINE-J OF THIS TITLE, NONE OF THE AUTHORITY OR ANY OF ITS SUBSID-
IARY CORPORATIONS, NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSID-
IARY CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL HAVE
THE AUTHORITY TO FILE A VOLUNTARY PETITION UNDER CHAPTER NINE OF THE
FEDERAL BANKRUPTCY CODE OR SUCH CORRESPONDING CHAPTER, CHAPTERS OR
SECTIONS AS MAY, FROM TIME TO TIME, BE IN EFFECT, AND NEITHER ANY PUBLIC
OFFICER NOR ANY ORGANIZATION, ENTITY OR OTHER PERSON SHALL AUTHORIZE THE
AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS, NEW YORK CITY TRANSIT
AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS, OR TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY TO BE OR BECOME A DEBTOR UNDER CHAPTER NINE OF THE
FEDERAL BANKRUPTCY CODE OR SAID CORRESPONDING CHAPTER, CHAPTERS OR
SECTIONS DURING ANY SUCH PERIOD.
11. THE TERM "MONIES" AS USED IN THIS SECTION SHALL INCLUDE, BUT NOT
BE LIMITED TO, ALL OPERATING SUBSIDIES PROVIDED BY (I) ANY PUBLIC BENE-
FIT CORPORATION, INCLUDING WITHOUT LIMITATION TRANSFERS OF OPERATING
SURPLUS BY TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PURSUANT TO SECTION
TWELVE HUNDRED NINETEEN-A OF THIS ARTICLE, OR (II) ANY GOVERNMENTAL
ENTITY, FEDERAL, STATE OR LOCAL AND SHALL EXCLUDE ALL FUNDS REQUIRED TO
BE TRANSFERRED TO THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO
SECTION THIRTEEN HUNDRED FORTY-NINE-H OF THIS TITLE.
12. ANY RESOLUTION OR AGREEMENT AUTHORIZING THE ISSUANCE OF BONDS,
NOTES OR OTHER OBLIGATIONS PURSUANT TO THIS SECTION MAY, IN ADDITION,
AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF LEASE OBLIGATIONS OF THE
AUTHORITY WHICH MAY BE ISSUED FOR THE PURPOSES AND ON THE TERMS AND
CONDITIONS UNDER WHICH THE BONDS, NOTES AND OTHER OBLIGATIONS AUTHORIZED
UNDER THIS SECTION MAY BE ISSUED, AND MAY BE SECURED IN THE SAME MANNER
AS SUCH BONDS, NOTES AND OTHER OBLIGATIONS, AND WHICH RESOLUTION WITH
RESPECT TO SUCH LEASE OBLIGATIONS, MAY CONTAIN SUCH OTHER PROVISIONS
APPLICABLE TO BONDS, NOTES AND OTHER OBLIGATIONS NOT INCONSISTENT WITH
THE PROVISIONS OF THIS SECTION, AS THE AUTHORITY MAY DETERMINE.
13. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS, NOTES OR OTHER OBLI-
GATIONS ISSUED AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE
DATE OF THIS TITLE, BY THE AUTHORITY, THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY AND THE NEW YORK CITY TRANSIT AUTHORITY TO FUND PROJECTS
CONTAINED IN CAPITAL PROGRAM PLANS APPROVED PURSUANT TO SECTION THIRTEEN
HUNDRED FORTY-NINE-V OF THIS TITLE FOR THE CAPITAL PROGRAM AUTHORIZATION
PERIOD SHALL NOT EXCEED FIFTY-FIVE BILLION FOUR HUNDRED NINETY-SEVEN
MILLION DOLLARS. SUCH AGGREGATE PRINCIPAL AMOUNT OF BONDS, NOTES OR
OTHER OBLIGATIONS OR THE EXPENDITURE THEREOF SHALL NOT BE SUBJECT TO ANY
LIMITATION CONTAINED IN ANY OTHER PROVISION OF LAW ON THE PRINCIPAL
AMOUNT OF BONDS, NOTES OR OTHER OBLIGATIONS OR THE EXPENDITURE THEREOF
APPLICABLE TO THE AUTHORITY, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
OR THE NEW YORK CITY TRANSIT AUTHORITY. THE AGGREGATE LIMITATION ESTAB-
LISHED BY THIS SUBDIVISION SHALL NOT INCLUDE: (A) OBLIGATIONS ISSUED TO
REFUND, REDEEM OR OTHERWISE REPAY, INCLUDING BY PURCHASE OR TENDER,
OBLIGATIONS THERETOFORE ISSUED EITHER BY THE ISSUER OF SUCH REFUNDING
OBLIGATIONS OR BY THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY OR
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY; (B) OBLIGATIONS ISSUED TO
FUND ANY DEBT SERVICE OR OTHER RESERVE FUNDS FOR SUCH OBLIGATIONS; (C)
OBLIGATIONS ISSUED OR INCURRED TO FUND THE COSTS OF ISSUANCE, THE
S. 5555 105
PAYMENT OF AMOUNTS REQUIRED UNDER BOND AND NOTE FACILITIES, FEDERAL OR
OTHER GOVERNMENTAL LOANS, SECURITY OR CREDIT ARRANGEMENTS OR OTHER
AGREEMENTS RELATED THERETO AND THE PAYMENT OF OTHER FINANCING, ORIGINAL
ISSUE PREMIUMS AND RELATED COSTS ASSOCIATED WITH SUCH OBLIGATIONS; (D)
AN AMOUNT EQUAL TO ANY ORIGINAL ISSUE DISCOUNT FROM THE PRINCIPAL AMOUNT
OF SUCH OBLIGATIONS OR TO FUND CAPITALIZED INTEREST; (E) OBLIGATIONS
INCURRED PURSUANT TO SECTION TWELVE HUNDRED SEVEN-M OF THIS ARTICLE; (F)
OBLIGATIONS INCURRED TO FUND THE ACQUISITION OF CERTAIN BUSES FOR THE
NEW YORK CITY TRANSIT AUTHORITY AS IDENTIFIED IN A CAPITAL PROGRAM PLAN
APPROVED PURSUANT TO CHAPTER FIFTY-THREE OF THE LAWS OF NINETEEN HUNDRED
NINETY-TWO; (G) OBLIGATIONS INCURRED IN CONNECTION WITH THE LEASING,
SELLING OR TRANSFERRING OF EQUIPMENT; AND (H) BOND ANTICIPATION NOTES OR
OTHER OBLIGATIONS PAYABLE SOLELY FROM THE PROCEEDS OF OTHER BONDS, NOTES
OR OTHER OBLIGATIONS WHICH WOULD BE INCLUDED IN THE AGGREGATE PRINCIPAL
AMOUNT SPECIFIED IN THE FIRST SENTENCE OF THIS SUBDIVISION, WHETHER OR
NOT ADDITIONALLY SECURED BY REVENUES OF THE AUTHORITY, OR ANY OF ITS
SUBSIDIARY CORPORATIONS, NEW YORK CITY TRANSIT AUTHORITY, OR ANY OF ITS
SUBSIDIARY CORPORATIONS, OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
§ 1349-V. CAPITAL PROGRAM PLANS; APPROVALS; EFFECT OF DISAPPROVAL. 1.
ON OR BEFORE OCTOBER FIRST NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
SECTION, AND EVERY FIFTH YEAR THEREAFTER, THE AUTHORITY SHALL SUBMIT TO
THE MAYOR A CAPITAL PROGRAM PLAN FOR THE TEN-YEAR PERIOD COMMENCING
JANUARY FIRST OF THE FOLLOWING YEAR.
2. FOR THE PERIOD DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, THE
PLAN SHALL CONTAIN THE CAPITAL PROGRAM FOR THE TRANSIT FACILITIES OPER-
ATED BY THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES AND FOR
THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY.
3. THE PLAN SHALL SET SYSTEM-WIDE GOALS AND OBJECTIVES FOR CAPITAL
SPENDING, ESTABLISH STANDARDS FOR SERVICE AND OPERATIONS, AND DESCRIBE
EACH CAPITAL ELEMENT PROPOSED TO BE INITIATED IN EACH OF THE YEARS
COVERED BY THE PLAN AND EXPLAIN HOW EACH PROPOSED ELEMENT SUPPORTS THE
ACHIEVEMENT OF THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN THE
PLAN. THE PLAN SHALL ALSO SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL
FUNDING REQUIRED EACH YEAR AND THE EXPECTED SOURCES OF SUCH FUNDING.
EACH PLAN SUBSEQUENT TO THE FIRST SUCH PLAN AND EACH PROPOSED AMENDMENT
OR MODIFICATION THEREOF SHALL ALSO DESCRIBE THE CURRENT STATUS OF EACH
CAPITAL ELEMENT INCLUDED IN THE PREVIOUSLY APPROVED PLAN, IF ANY. THE
PLAN SHALL BE ACCOMPANIED OR SUPPLEMENTED BY SUCH SUPPORTING MATERIALS
AS THE MAYOR SHALL REQUIRE.
4. A "CAPITAL ELEMENT", AS USED IN THIS SECTION, SHALL MEAN EITHER A
CATEGORY OF EXPENDITURE ITEMIZED IN A PLAN, AS HEREINAFTER PROVIDED, FOR
WHICH A SPECIFIED MAXIMUM DOLLAR AMOUNT IS PROPOSED TO BE EXPENDED, OR A
PARTICULARLY DESCRIBED CAPITAL PROJECT WITHIN ONE OR MORE CATEGORIES FOR
WHICH NO MAXIMUM EXPENDITURE IS PROPOSED, BUT FOR WHICH AN ESTIMATE OF
EXPECTED COST IS PROVIDED. A CAPITAL ELEMENT SHALL BE DEEMED TO HAVE
BEEN INITIATED FOR PURPOSES OF THIS SECTION IF IN CONNECTION WITH SUCH
ELEMENT THE AUTHORITY SHALL CERTIFY THAT:
(A) PURCHASE OR CONSTRUCTION CONTRACTS HAVE BEEN ENTERED INTO, OBLI-
GATING IN THE AGGREGATE AN AMOUNT EXCEEDING TEN PERCENT OF THE MAXIMUM
OR ESTIMATED COST OF THE ELEMENT AS SET FORTH IN A PLAN;
(B) FINANCING SPECIFIC TO THE PROJECT HAS BEEN UNDERTAKEN; OR
(C) IN A CASE WHERE SUCH ELEMENT IS LIMITED TO DESIGN OR ENGINEERING,
A CONTRACT THEREFOR HAS BEEN ENTERED INTO.
5. THE PLAN SHALL ITEMIZE THE CAPITAL ELEMENTS INCLUDED IN EACH
SECTION OF THE PLAN UNDER THE FOLLOWING CATEGORIES OF EXPENDITURE: (A)
ROLLING STOCK AND BUSES; (B) PASSENGER STATIONS; (C) TRACK; (D) LINE
S. 5555 106
EQUIPMENT; (E) LINE STRUCTURES; (F) SIGNALS AND COMMUNICATIONS; (G)
POWER EQUIPMENT, EMERGENCY POWER EQUIPMENT AND SUBSTATIONS; (H) SHOPS,
YARDS, MAINTENANCE FACILITIES, DEPOTS AND TERMINALS; (I) SERVICE VEHI-
CLES; (J) SECURITY SYSTEMS; (K) ELECTRIFICATION EXTENSIONS; AND (L)
UNSPECIFIED, MISCELLANEOUS AND EMERGENCY.
6. A CAPITAL PROGRAM PLAN MUST BE APPROVED ONLY BY RESOLUTION OF THE
AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE. AFTER APPROVAL, THE
AUTHORITY MUST SUBMIT THE PLAN TO THE MAYOR, WHO HAS NINETY DAYS TO
APPROVE THE PLAN.
7. A COPY OF ANY CAPITAL PROGRAM PLAN THAT HAS BEEN APPROVED BY THE
AUTHORITY AND DISTRIBUTED TO THE MAYOR SHALL BE SIMULTANEOUSLY PROVIDED
TO THE PUBLIC BY THE BIG APPLE TRANSIT AUTHORITY, VIA ITS OFFICIAL OR
SHARED INTERNET WEBSITE.
8. IF THE MAYOR TAKES NO ACTION WITHIN NINETY DAYS AFTER RECEIVING THE
PLAN, THE PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
9. IF THE MAYOR VETOES THE PLAN, THE AUTHORITY MAY ONLY OVERRIDE THE
VETO BY UNANIMOUS VOTE.
10. IF THE MAYOR VETOES THE PLAN AND THE AUTHORITY DOES NOT OVERRIDE
THE VETO, THE AUTHORITY MAY THEREAFTER REFORMULATE AND RESUBMIT SUCH
PLAN AT ANY TIME. WITHIN THIRTY DAYS OF THE SUBMISSION OF SUCH REFORMU-
LATED PLAN, THE MAYOR MAY NOTIFY THE AUTHORITY OF ITS APPROVAL, OR, IF
THE REFORMULATED PLAN IS NOT APPROVED AND THE MAYOR HAS NOT NOTIFIED THE
AUTHORITY OF HIS OR HER DISAPPROVAL WITHIN SUCH PERIOD, THE REFORMULATED
PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
11. NO GENERAL OBLIGATION BONDS OR NOTES OF THE AUTHORITY, NO SPECIAL
OBLIGATION BONDS OR NOTES OF THE AUTHORITY TO FINANCE A TRANSIT PROJECT,
AS SUCH TERM IS DEFINED IN SECTION THIRTEEN HUNDRED FORTY-NINE-J OF THIS
TITLE, AND NO BONDS OR NOTES OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY TO FINANCE A PROJECT PURSUANT TO THE AUTHORIZATION CONTAINED IN
PARAGRAPH (R) OF SUBDIVISION NINE OF SECTION FIVE HUNDRED FIFTY-THREE OF
THIS CHAPTER SHALL BE ISSUED TO FINANCE THE COSTS OF A CAPITAL ELEMENT
UNLESS SUCH CAPITAL ELEMENT AND SUCH SOURCE OF FUNDING WAS SET FORTH IN
A PLAN APPROVED AS PROVIDED IN THIS SECTION.
12. THE DISAPPROVAL OF A CAPITAL PROGRAM PLAN SHALL NOT AFFECT: (A)
THE RIGHT OF THE AUTHORITY, OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY, OR OF THE NEW YORK CITY TRANSIT AUTHORITY, OR OF THE SUBSIDIARIES OF
ANY OF THEM TO INITIATE AND COMPLETE ANY CAPITAL ELEMENT WHICH WILL BE
FINANCED OTHERWISE THAN THROUGH THE ISSUANCE OF THE BONDS OR NOTES THE
ISSUANCE OF WHICH IS PROHIBITED UNDER SUBDIVISION SEVEN OF THIS SECTION;
(B) THE RIGHT OF THE AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY TO ISSUE BONDS OR NOTES TO FINANCE A CAPITAL ELEMENT WHICH WAS
INITIATED PRIOR TO SUCH DISAPPROVAL IN CONFORMITY WITH A PREVIOUSLY
APPROVED PLAN; (C) THE RIGHT OF THE NEW YORK CITY TRANSIT AUTHORITY TO
ISSUE ITS BONDS, NOTES, LEASE, SUBLEASE OR OTHER CONTRACTUAL OBLIGATIONS
IN PAYMENT FOR A TRANSIT PROJECT INITIATED PRIOR TO SUCH DISAPPROVAL IN
CONFORMITY WITH A PREVIOUSLY APPROVED PLAN; (D) THE RIGHT OF THE AUTHOR-
ITY OR OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY TO ISSUE BONDS OR
NOTES TO REFUND OR OTHERWISE REPAY ANY OF ITS OUTSTANDING BONDS OR NOTES
OR TO FULFILL ANY OF THEIR OBLIGATIONS TO THE HOLDERS OF ANY OF THEIR
OUTSTANDING BONDS OR NOTES; OR (E) THE RIGHT OF THE NEW YORK CITY TRANS-
IT AUTHORITY TO ISSUE ITS BONDS, NOTES, LEASE, SUBLEASE OR OTHER
CONTRACTUAL OBLIGATIONS TO REFUND OR OTHERWISE REPAY ANY OF ITS
OUTSTANDING BONDS OR NOTES OR TO FULFILL ANY OF ITS OBLIGATIONS TO THE
HOLDERS OF ANY OF ITS OUTSTANDING BONDS OR NOTES.
13. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION EIGHT OF THIS
SECTION, IF A SOURCE OF FUNDING DESCRIBED IN AN APPROVED PLAN SHALL BE
S. 5555 107
UNAVAILABLE OR BE AVAILABLE IN A LESSER AMOUNT THAN THAT SET FORTH IN
SUCH PLAN, THE AUTHORITY AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
MAY ISSUE BONDS OR NOTES AS NECESSARY TO PROVIDE THE REQUISITE FUNDING
FOR THE CAPITAL ELEMENTS INCLUDED IN THE PLAN TO THE EXTENT THAT THE
AGGREGATE AMOUNT OF SUCH BONDS OR NOTES TO BE ISSUED IN SUBSTITUTION FOR
SUCH UNAVAILABLE AMOUNTS SHALL NOT EXCEED THE GREATER OF FIFTY MILLION
DOLLARS OR TWENTY PERCENT OF THE TOTAL AMOUNT DESCRIBED IN SUCH PLAN FOR
EITHER THE SUBSTITUTE FUNDING SOURCE OR THE FUNDING SOURCE BEING SUBSTI-
TUTED FOR, SUBJECT TO THE LIMITATIONS SET FORTH IN SUBDIVISION ELEVEN OF
SECTION FIVE HUNDRED FIFTY-THREE-E OF THIS CHAPTER AND PARAGRAPH (A) OF
SUBDIVISION FOUR OF SECTION TWELVE HUNDRED SEVEN-M OF THIS ARTICLE.
14. (A) THE AUTHORITY MAY FROM TIME TO TIME SUBMIT TO THE MAYOR AMEND-
MENTS OR MODIFICATIONS TO ANY TEN-YEAR PLAN THERETOFORE SUBMITTED, AND
SHALL SUBMIT SUCH AN AMENDMENT OR MODIFICATION (I) IF THE ESTIMATED COST
OF ANY CAPITAL ELEMENT FOR WHICH A SPECIFIED DOLLAR AMOUNT WAS PROPOSED
TO BE EXPENDED EXCEEDS THE AMOUNT SET FORTH IN THE APPROVED PLAN FOR
SUCH ELEMENT BY MORE THAN TEN PERCENT, (II) IF WITH RESPECT TO A PARTIC-
ULARLY DESCRIBED CAPITAL ELEMENT FOR WHICH ONLY AN ESTIMATE OF PROJECTED
COST HAS BEEN PROVIDED IN THE PLAN THERE IS A MATERIAL CHANGE IN THE
DESCRIPTION OF SUCH ELEMENT FROM THAT CONTAINED IN THE APPROVED PLAN,
(III) IF A CAPITAL ELEMENT NOT PREVIOUSLY INCLUDED IN THE APPROVED PLAN
IS PROPOSED TO BE UNDERTAKEN AND ITS COST, TOGETHER WITH THE COST OF
OTHER ELEMENTS INCLUDED IN CATEGORY (L) OF THE PLAN, EXCEEDS BY TEN
PERCENT THE AMOUNT PROVIDED FOR SUCH CATEGORY (L) ELEMENTS, (IV) IF THE
AUTHORITY SHALL PROPOSE TO CHANGE BY MORE THAN ONE YEAR FROM THE TIME
WHEN ANY CAPITAL ELEMENT IS PROPOSED TO BE INITIATED OR THE EFFECT OF
SUCH CHANGE WILL BE TO INCREASE THE ESTIMATED AMOUNT OF CAPITAL FUNDING
REQUIRED IN ANY YEAR COVERED BY THE PLAN BY MORE THAN TWENTY PERCENT, OR
(V) IF THE AVAILABILITY OF FUNDING SOURCES CHANGES TO THE DEGREE TO
WHICH THE AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY ARE
PRECLUDED FROM EXERCISING THE AUTHORIZATION PROVIDED IN SUBDIVISION NINE
OF THIS SECTION AND THE AUTHORITY WISHES TO DO SO.
(B) AN AMENDMENT OR MODIFICATION MAY ONLY BE APPROVED IN TWO WAYS: (I)
AN AMENDMENT OR MODIFICATION SHALL ONLY BE APPROVED BY THE MAYOR AND
WITHIN THIRTY DAYS OF THE SUBMISSION OF AN AMENDMENT OR MODIFICATION THE
MAYOR MAY NOTIFY THE AUTHORITY OF ITS APPROVAL OF THE SAME; OR (II) IF
THE AMENDMENT OR MODIFICATION IS NOT APPROVED BY THE MAYOR WITHIN SUCH
THIRTY DAY PERIOD AND THE MAYOR HAS NOT NOTIFIED THE AUTHORITY IN WRIT-
ING OF HIS OR HER DISAPPROVAL WITHIN SUCH PERIOD, THE AMENDMENT OR
MODIFICATION SHALL BE DEEMED TO HAVE BEEN APPROVED.
15. IN FORMULATING ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL GIVE
CONSIDERATION TO THE PHYSICAL CONDITION AND URGENCY OF NEED OF EACH OF
THE SEVERAL TRANSPORTATION AND TRANSIT SYSTEMS INVOLVED, TO THE NEEDS OF
ALL OF THE COMMUNITIES AND AREAS SERVICED BY THESE SYSTEMS, TO THE
EXTENT TO WHICH OTHER CAPITAL AID OR ASSISTANCE MAY BE AVAILABLE TO EACH
OF THESE SYSTEMS, AND TO THE SAFETY, COMFORT AND CONVENIENCE OF ITS
PASSENGERS. IN DETERMINING THE SOURCE OR METHOD OF FUNDING WHICH THE
AUTHORITY IS TO USE TO FINANCE THE COST OF THE CAPITAL ELEMENTS INCLUDED
IN ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL, INSOFAR AS PRACTICA-
BLE, GIVE CONSIDERATION, AMONG OTHER THINGS, TO: (A) THE POTENTIAL
IMPACT OF EACH SUCH SOURCE OR METHOD UPON THE LEVEL OF PASSENGER FARES;
(B) THE RELATIVE COST OF THE SEVERAL FUNDING ALTERNATIVES; AND (C) THE
RELATIVE ABILITY OF EACH SOURCE OR METHOD TO PROVIDE FUNDING AT TIMES
AND IN AMOUNTS ESTIMATED TO BE REQUIRED BY THE CAPITAL PROGRAM PLAN. TO
THE EXTENT FUNDING IS PROPOSED TO BE OBTAINED THROUGH THE ISSUANCE AND
SALE OF BONDS OR NOTES, THE AUTHORITY SHALL, INSOFAR AS PRACTICABLE AND
S. 5555 108
CONSISTENT WITH THE MATTERS SET FORTH IN PARAGRAPHS (A), (B) AND (C) OF
THIS SUBDIVISION, GIVE PREFERENCE TO THE USE OF FUNDS APPROPRIATED OR TO
BE APPROPRIATED TO THE AUTHORITY BY VIRTUE OF SERVICE CONTRACTS WITH THE
DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET ENTERED INTO PURSUANT TO
THE PROVISIONS OF THE TRANSPORTATION SYSTEMS ASSISTANCE AND FINANCING
ACT OF NINETEEN HUNDRED EIGHTY-ONE FOR PURPOSES OF PAYING THE ANNUAL
COST OF DEBT SERVICE FOR SUCH BONDS OR NOTES.
16. ON OR BEFORE THE FIRST OF OCTOBER SUCCEEDING THE EFFECTIVE DATE OF
THIS SUBDIVISION, AND ON OR BEFORE OCTOBER FIRST OF EVERY FIFTH YEAR
THEREAFTER, THE AUTHORITY SHALL SUBMIT TO THE MAYOR A TWENTY-YEAR CAPI-
TAL NEEDS ASSESSMENT. SUCH ASSESSMENT SHALL BEGIN WITH THE PERIOD
COMMENCING ON THE FIRST OF JANUARY AFTER SUCH SUBMISSION, AND BEGIN EACH
ASSESSMENT WITH EVERY FIFTH YEAR THEREAFTER, AND DESCRIBE CAPITAL
INVESTMENTS OVER THE SUCCEEDING TWENTY YEARS. SUCH ASSESSMENT SHALL: (A)
SET FORTH BROAD LONG-TERM CAPITAL INVESTMENTS TO BE MADE THROUGHOUT THE
DISTRICT; AND (B) ESTABLISH A NON-BINDING BASIS TO BE USED BY THE
AUTHORITY IN THE PLANNING OF STRATEGIC INVESTMENTS INVOLVING CAPITAL
ELEMENTS IN ITS FIVE-YEAR CAPITAL PLAN. SUCH ASSESSMENT SHALL NOT
REQUIRE APPROVAL OF THE MAYOR AND SHALL BE FOR INFORMATIONAL PURPOSES
ONLY.
17. FOR PURPOSES OF THIS SECTION, "BROAD LONG-TERM CAPITAL INVEST-
MENTS" SHALL INCLUDE BUT NOT BE LIMITED TO: SYSTEM REBUILDING, ENHANCE-
MENT, AND EXPANSION NEEDS; AGENCY NEEDS BROKEN DOWN BY CAPITAL ELEMENT
OR INVESTMENT CATEGORY; AND PROJECTED FUTURE TRENDS AND NETWORK IMPLI-
CATIONS. SUCH ASSESSMENT SHALL BE CERTIFIED BY THE CHAIRPERSON OF THE
AUTHORITY AND SHALL BE ENTERED INTO THE PERMANENT RECORD OF THE MINUTES
OF THE REVIEW BOARD.
§ 1349-W. SUBMISSION OF STRATEGIC OPERATION PLAN. 1. ON OR BEFORE THE
FIRST OF JULY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, THE
AUTHORITY SHALL SUBMIT TO THE MAYOR A STRATEGIC OPERATION PLAN FOR THE
BUS AND SUBWAY SERVICES OF THE NEW YORK CITY TRANSIT AUTHORITY AND ITS
SUBSIDIARIES AND FOR THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY
FOR THE FIVE YEAR PERIOD COMMENCING JANUARY FIRST OF THE FOLLOWING YEAR.
THE PLAN MAY BE AMENDED AS REQUIRED BUT SHALL BE UPDATED AT LEAST ANNU-
ALLY. THE PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
(A) LONG-RANGE GOALS AND OBJECTIVES FOR THE OPERATION OF SERVICES AND
FACILITIES;
(B) PLANNED SERVICE AND PERFORMANCE STANDARDS FOR EACH YEAR OF THE
PERIOD COVERED BY THE PLAN; INCLUDING, IN SUCH PLAN SUBMITTED AFTER THE
FIRST OF JULY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION: (I)
STANDARDS FOR DETERMINING FREQUENCY OF SERVICE AT PEAK HOURS AND OFF-
PEAK HOURS; (II) FREQUENCY OF SERVICE AT PEAK AND OFF-PEAK HOURS BASED
ON THE APPLICATION OF SUCH STANDARDS TO THE CURRENT PERIOD FOR EACH
SUBWAY LINE, BUS ROUTE OR GROUP OF BUS ROUTES; AND (III) PROJECTED
PERFORMANCE FOR EACH SUBWAY LINE, BUS ROUTE OR GROUP OF BUS ROUTES AS
MEASURED BY RELIABILITY INDICATORS COMMONLY UTILIZED WITHIN THE TRANSIT
INDUSTRY, INCLUDING SUCH MEASURES AS MEAN DISTANCE BETWEEN FAILURES FOR
SUBWAY CARS, PLANNED NUMBER OF VEHICLES WITH AIR CONDITIONING AND
PROJECTED RELIABILITY OF SUCH EQUIPMENT, PLANNED STANDARDS FOR CLEANLI-
NESS OF THE INTERIOR AND EXTERIOR OF SUBWAY CARS, BUSES, AND PASSENGER
STATIONS, AND OTHER APPROPRIATE MEASURES OF PLANNED PERFORMANCE INFLU-
ENCING THE QUALITY OF SERVICES;
(C) LEVEL AND STRUCTURE OF FARES PROJECTED FOR EACH YEAR OF THE PERIOD
COVERED BY THE PLAN;
S. 5555 109
(D) ESTIMATED OPERATING AND CAPITAL RESOURCES ANTICIPATED TO BE AVAIL-
ABLE FROM INTERNAL SOURCES AS WELL AS FROM FEDERAL, STATE, REGIONAL AND
LOCAL SOURCES;
(E) ESTIMATED OPERATING AND CAPITAL COSTS TO SATISFY PLANNED STANDARDS
OF PERFORMANCE AND SERVICE;
(F) STRATEGIES TO IMPROVE PRODUCTIVITY; CONTROL COST GROWTH; INTEGRATE
AND COORDINATE THE DELIVERY OF SERVICES PROVIDED BY THE AUTHORITY AS
WELL AS OTHER PUBLIC AND PRIVATE TRANSPORTATION PROVIDERS IN THE SERVICE
AREA;
(G) SPECIFIC ALLOCATION OF OPERATING AND CAPITAL RESOURCES BY MODE AND
OPERATION, INCLUDING FUNDS, PERSONNEL AND EQUIPMENT;
(H) CONFIGURATION BY MODE, OPERATION AND ROUTE OF THE SERVICES TO BE
PROVIDED AND THE FACILITIES TO BE OPERATED, IDENTIFYING MAJOR PLANNED
CHANGES IN SERVICES AND ROUTES;
(I) IDENTIFICATION OF THE OPERATING AND CAPITAL COSTS AS COMPARED TO
THE REVENUES ANTICIPATED FROM SYSTEM USERS FOR THE BIG APPLE TRANSIT
AUTHORITY AND ITS SUBSIDIARIES AND THE NEW YORK CITY TRANSIT AUTHORITY
AND ITS SUBSIDIARIES; AND
(J) AN ANALYSIS OF THE RELATIONSHIP BETWEEN SPECIFIC PLANNED CAPITAL
ELEMENTS CONTAINED IN APPROVED CAPITAL PROGRAM PLANS AND THE ACHIEVEMENT
OF PLANNED SERVICE AND PERFORMANCE STANDARDS. SUCH ANALYSIS SHALL
INCLUDE THE RELATIONSHIP OF SPECIFIC PLANNED CAPITAL ELEMENTS TO THE
ACHIEVEMENT OF SUCH SERVICE AND PERFORMANCE STANDARDS FOR EACH SUBWAY
LINE, BUS ROUTE OR GROUP OF BUS ROUTES AS APPROPRIATE.
2. EACH ANNUAL UPDATE OF THE PLAN SHALL INCLUDE A STATUS REPORT SUMMA-
RIZING THE EXTENT TO WHICH PLANNED SERVICE AND PERFORMANCE STANDARDS
DEVELOPED FOR THE PREVIOUS YEAR WERE ACHIEVED, THE CAUSES OF ANY FAILURE
TO ACHIEVE PROJECTED STANDARDS OF SERVICE, AND CORRECTIVE MEASURES THE
AUTHORITY INTENDS TO TAKE TO AVOID NON-ACHIEVEMENT OF PROJECTED STAND-
ARDS IN THE NEXT UPCOMING YEAR.
3. THE BIG APPLE TRANSIT AUTHORITY SHALL TAKE INTO CONSIDERATION ANY
PETITIONS FROM LOCAL OFFICIALS FOR IMPROVED SERVICES, INCLUDING HOW
THESE SERVICE IMPROVEMENTS RELATE TO THE SERVICE AND PERFORMANCE STAND-
ARDS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL CONSULT
WITH APPROPRIATE LOCAL OFFICIALS IN ITS PREPARATION AND PERIODIC UPDATES
TO THE OPERATION PLAN.
§ 1349-X. FINANCIAL AND OPERATIONAL REPORTS. THE AUTHORITY SHALL
SUBMIT TO THE MAYOR AND SPEAKER OF THE CITY COUNCIL, NO LATER THAN THIR-
TY DAYS FOLLOWING THE SUBMISSION OF THE ANNUAL INDEPENDENT AUDIT REPORT
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, A COMPLETE
DETAILED REPORT OR REPORTS SETTING FORTH, TO THE EXTENT SUCH MATTERS ARE
NOT FULLY ADDRESSED IN THE ANNUAL INDEPENDENT AUDIT REPORT, THE FOLLOW-
ING:
1. ITS FINANCIAL REPORTS, INCLUDING:
(A) AUDITED FINANCIALS IN ACCORDANCE WITH ALL APPLICABLE REGULATIONS
AND FOLLOWING GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED IN
SUBDIVISION TEN OF SECTION TWO OF THE STATE FINANCE LAW;
(B) GRANT AND SUBSIDY PROGRAMS;
(C) OPERATING AND FINANCIAL RISKS;
(D) CURRENT RATINGS OF ITS BONDS ISSUED BY RECOGNIZED MUNICIPAL BOND
RATING AGENCIES AND NOTICE CHANGES IN SUCH RATINGS; AND
(E) LONG-TERM LIABILITIES, INCLUDING LEASES AND EMPLOYEE BENEFIT
PLANS; AND
2. AN ASSESSMENT OF THE EFFECTIVENESS OF ITS INTERNAL CONTROL STRUC-
TURE AND PROCEDURES, INCLUDING:
S. 5555 110
(A) DESCRIPTIONS OF THE AUTHORITY AND ITS MAJOR UNITS AND SUBSID-
IARIES;
(B) THE NUMBER OF EMPLOYEES, AND MINORITY AND WOMEN EMPLOYEES, FOR
EACH;
(C) AN ORGANIZATIONAL CHART;
(D) ITS CHARTER, IF ANY AND BY-LAWS;
(E) THE EXTENT OF PARTICIPATION BY MINORITY AND WOMEN-OWNED ENTER-
PRISES IN AUTHORITY CONTRACTS AND SERVICES IN ACCORDANCE WITH ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW; AND
(F) A LISTING OF MATERIAL CHANGES IN INTERNAL OPERATIONS AND PROGRAMS
DURING THE REPORTING YEAR.
§ 1349-Y. MISSION STATEMENT AND MEASUREMENT REPORT. 1. THE AUTHORITY
SHALL SUBMIT TO THE MAYOR AND SPEAKER OF THE CITY COUNCIL, ON OR BEFORE
THE FIRST OF OCTOBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS TITLE, A
PROPOSED AUTHORITY MISSION STATEMENT AND PROPOSED MEASUREMENTS. THE
PROPOSED MISSION STATEMENT AND PROPOSED MEASUREMENTS SHALL HAVE THE
FOLLOWING COMPONENTS: A BRIEF MISSION STATEMENT EXPRESSING THE PURPOSE
AND GOALS OF THE AUTHORITY; A DESCRIPTION OF THE STAKEHOLDERS OF THE
AUTHORITY AND THEIR REASONABLE EXPECTATIONS FROM THE AUTHORITY, WHICH
STAKEHOLDERS SHALL INCLUDE AT A MINIMUM: THE RESIDENTS AND TAXPAYERS OF
THE AREA OF THE STATE SERVED BY THE AUTHORITY, THE PERSONS THAT USE THE
SERVICES PROVIDED BY THE AUTHORITY, AND THE EMPLOYEES OF THE AUTHORITY
AND ANY EMPLOYEE ORGANIZATION; THE GOALS OF THE AUTHORITY IN RESPONSE TO
THE NEEDS OF EACH GROUP OF STAKEHOLDERS; AND A LIST OF MEASURES BY WHICH
PERFORMANCE OF THE AUTHORITY AND THE ACHIEVEMENT OF ITS GOALS MAY BE
EVALUATED.
2. THE AUTHORITY SHALL THEREAFTER REEXAMINE ITS MISSION STATEMENT AND
MEASUREMENTS ON AN ANNUAL BASIS AND PUBLISH ON ITS WEBSITE SELF-EVALUA-
TIONS BASED ON THE STATED MEASURES.
§ 1349-Z. REQUIREMENTS FOR CERTAIN AUTHORITY CONTRACTS AND RELATED
SUBCONTRACTS. 1. ANY CONTRACTOR OR SUBCONTRACTOR SUBJECT TO THE POSTING
REQUIREMENTS OF PARAGRAPH A OF SUBDIVISION THREE-A OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW WITH RESPECT TO A PUBLIC WORKS CONTRACT
OF THE AUTHORITY SHALL:
(A) POST INFORMATION CONFORMING TO THE PROVISIONS OF SUBDIVISION TWO
OF THIS SECTION IN ONE OR MORE CONSPICUOUS PLACES AT EACH MAJOR WORK-
PLACE SITE WHERE PERSONS WHO PERFORM WORK ON THE CONTRACT OR SUBCON-
TRACT, INCLUDING MANAGEMENT, ARE MOST LIKELY TO SEE SUCH POSTINGS;
PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED BY THE DISPLAYING OF
SUCH INFORMATION WITH OTHER NOTICES THAT INFORM PERSONS OF RIGHTS UNDER
FEDERAL OR STATE LAWS OR RULES, HUMAN RESOURCE POLICIES, OR COLLECTIVE
BARGAINING AGREEMENTS;
(B) POST INFORMATION CONFORMING TO THE PROVISIONS OF SUBDIVISION TWO
OF THIS SECTION ON AN INTERNET AND INTRANET WEBSITE, IF ANY, OF THAT
PERSON OR BUSINESS ORGANIZATION; PROVIDED THAT, THIS REQUIREMENT MAY BE
SATISFIED BY PROVIDING ON SUCH WEBSITE A CONSPICUOUS HYPERLINK TO THE
AUTHORITY WEBSITE MAINTAINED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, WHICH HYPERLINK SHALL BE LABELED "PROTECTIONS FOR REPORTING
FRAUD IN NEW YORK";
(C) DISTRIBUTE INFORMATION SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION TO THOSE PERSONS, INCLUDING EMPLOYEES AND MANAGERS, WHO PERFORM
WORK ON THE CONTRACT; PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED
BY DISTRIBUTING SUCH INFORMATION IN AN EMPLOYEE HANDBOOK OR THROUGH A
SPECIFIC ELECTRONIC COMMUNICATION CONTAINING THE INFORMATION TO A KNOWN
ELECTRONIC MAIL ADDRESS MAINTAINED BY THE PERSON; AND
S. 5555 111
(D) COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, AND PROVIDE TO THE
AUTHORITY SATISFACTORY EVIDENCE OF SUCH COMPLIANCE, WITHIN NINETY DAYS.
2. THE DISCLOSURES REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL:
(A) PROVIDE THE TELEPHONE NUMBERS AND ADDRESSES TO REPORT INFORMATION
OF FRAUD OR OTHER ILLEGAL ACTIVITY TO THE APPROPRIATE OFFICERS OF THE
INSPECTOR GENERAL OF THE AUTHORITY AND THE ATTORNEY GENERAL OF THE
STATE;
(B) DESCRIBE IN DETAIL CONDUCT PROHIBITED BY SECTION ONE HUNDRED
EIGHTY-NINE OF THE STATE FINANCE LAW, AND THE ROLE OF THAT ACT IN
PREVENTING AND DETECTING FRAUD AND ABUSE IN WORK PAID FOR BY THE AUTHOR-
ITY OR WITH FUNDS ORIGINATING FROM THE AUTHORITY;
(C) NOTIFY PROSPECTIVE QUI TAM PLAINTIFFS ON HOW TO FILE A QUI TAM
ACTION, INCLUDING THE NECESSITY TO CONTACT PRIVATE COUNSEL SKILLED IN
FILING SUCH ACTIONS AND OF THE POTENTIAL FOR CASH REWARDS IN SUCH
ACTIONS BASED ON THE PERCENTAGE OF THE FUNDS RECOVERED BY THE GOVERN-
MENT; AND
(D) DESCRIBE PROHIBITIONS ON EMPLOYER RETALIATION AGAINST PERSONS WHO
FILE OR ASSIST ACTIONS UNDER ARTICLE THIRTEEN OF THE STATE FINANCE LAW,
THE NEW YORK FALSE CLAIMS ACT PURSUANT TO SECTION ONE HUNDRED NINETY-ONE
OF THE STATE FINANCE LAW, OR WHO REPORT ILLEGAL CONDUCT THAT THREATENS
THE HEALTH OR SAFETY OF THE PUBLIC PURSUANT TO SECTION SEVEN HUNDRED
FORTY OF THE LABOR LAW.
3. NO LATER THAN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE AUTHORITY SHALL ESTABLISH AND CONTINUOUSLY MAINTAIN ON ITS
PUBLIC WEBSITE AND ITS INTRANET SITE A PAGE THAT SHALL PROVIDE THE
INFORMATION SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND THAT SHALL
ALSO PROVIDE SAMPLE STATEMENTS, DISPLAYS AND OTHER MATERIALS SUITABLE
FOR INSERTION IN EMPLOYEE HANDBOOKS OR POSTING AT WORKPLACES OR ON
WEBSITES THAT WOULD SATISFY THE DISCLOSURE REQUIREMENTS OF THIS SECTION.
4. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, THE AUTHORITY
SHALL NOT ENTER INTO ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION THAT DOES NOT INCORPORATE THE TERMS OF THIS SECTION.
5. MATERIAL COMPLIANCE BY A COVERED PERSON OR BUSINESS ORGANIZATION
THAT HAS CONTRACTED WITH THE AUTHORITY UNDER A CONTRACT THAT INCORPO-
RATES THE TERMS OF THIS SECTION SHALL BE A MATERIAL CONDITION OF PAYMENT
FOR THE PROVISION OF GOODS OR SERVICES.
6. THE AUTHORITY IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS AS
ARE NECESSARY TO EFFECTUATE THE PURPOSES OF THIS SECTION.
§ 1349-AA. RESERVE FUNDS AND APPROPRIATIONS. THE AUTHORITY MAY CREATE
AND ESTABLISH ONE OR MORE RESERVE FUNDS IN ACCORDANCE WITH AGREEMENTS
WITH BONDHOLDERS, NOTEHOLDERS OR THE HOLDERS OF OTHER OBLIGATIONS OF THE
AUTHORITY AND MAY PAY INTO SUCH RESERVE FUNDS (A) ANY MONIES APPROPRI-
ATED AND MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUNDS, (B)
ANY PROCEEDS OF SALES OF NOTES, BONDS OR OTHER OBLIGATIONS TO THE EXTENT
PROVIDED IN THE RESOLUTION OF THE AUTHORITY AUTHORIZING THE ISSUANCE
THEREOF, AND (C) ANY OTHER MONEYS WHICH MAY BE MADE AVAILABLE TO THE
AUTHORITY FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE OR SOURC-
ES. IN LIEU THEREOF, THE AUTHORITY MAY PROVIDE FOR THE DEPOSIT THEREIN
OF, OR SUBSTITUTE FOR MONEYS ON DEPOSIT THEREIN, A LIQUIDITY OR CREDIT
FACILITY, SURETY BOND OR OTHER SIMILAR AGREEMENT.
§ 1349-BB. BIG APPLE TRANSIT AUTHORITY SPECIAL ASSISTANCE FUND. 1. THE
AUTHORITY SHALL CREATE AND ESTABLISH A FUND TO BE KNOWN AS THE "BIG
APPLE TRANSIT AUTHORITY SPECIAL ASSISTANCE FUND" WHICH SHALL BE KEPT
SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE
AUTHORITY. THE SPECIAL ASSISTANCE FUND SHALL CONSIST OF TWO SEPARATE
S. 5555 112
ACCOUNTS: (I) THE "TRANSIT ACCOUNT"; AND (II) THE "CORPORATE TRANSPORTA-
TION ACCOUNT".
2. MONEYS IN THE TRANSIT ACCOUNT MAY BE PLEDGED TO THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY TO SECURE BONDS AND NOTES AND, IF SO
PLEDGED, SHALL BE PAID TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN
SUCH AMOUNTS AND AT SUCH TIMES AS NECESSARY TO PAY OR TO REIMBURSE THAT
AUTHORITY FOR ITS PAYMENT OF DEBT SERVICE AND RESERVE REQUIREMENTS ON
THAT PORTION OF SPECIAL TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY BONDS AND
NOTES ISSUED BY THAT AUTHORITY PURSUANT TO SECTION FIVE HUNDRED FIFTY-
THREE-D OF THIS CHAPTER FOR TRANSIT PROJECTS UNDERTAKEN FOR THE NEW YORK
CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES. SUBJECT TO THE PROVISIONS
OF SUCH PLEDGE, ANY EXCESS MONEYS, OR IN THE EVENT THERE IS NO SUCH
PLEDGE, ANY MONEYS IN SUCH ACCOUNT SHALL, AT THE DIRECTION OF THE BIG
APPLE TRANSIT AUTHORITY, BE: (A) DEPOSITED INTO ONE OR MORE FUNDS OR
ACCOUNTS AND USED AS CONTEMPLATED BY SECTION THIRTEEN HUNDRED FORTY-
NINE-DD OF THIS TITLE; OR (B) USED FOR THE PAYMENT OF OPERATING AND
CAPITAL COSTS OF THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID-
IARIES AND THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY.
3. (A) MONEYS IN THE CORPORATE TRANSPORTATION ACCOUNT SHALL BE PLEDGED
BY THE AUTHORITY, OR PLEDGED TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY, TO SECURE BONDS, NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY OR THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, AS THE CASE MAY BE, AND, IF SO
PLEDGED TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, SHALL BE PAID TO
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN SUCH AMOUNTS AND AT SUCH
TIMES AS NECESSARY TO PAY OR TO REIMBURSE THAT AUTHORITY FOR ITS PAYMENT
OF DEBT SERVICE AND RESERVE REQUIREMENTS, IF ANY, ON THAT PORTION OF
SPECIAL TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY BONDS AND NOTES ISSUED BY
THAT AUTHORITY PURSUANT TO SECTION FIVE HUNDRED FIFTY-THREE-D OF THIS
CHAPTER. SUBJECT TO THE PROVISIONS OF ANY SUCH PLEDGE, OR IN THE EVENT
THERE IS NO SUCH PLEDGE, ANY EXCESS MONEYS IN THE CORPORATE TRANSPORTA-
TION ACCOUNT MAY BE USED BY THE AUTHORITY FOR PAYMENT OF OPERATING COSTS
OF, AND CAPITAL COSTS, INCLUDING DEBT SERVICE AND RESERVE REQUIREMENTS,
IF ANY, OF OR FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND
THEIR SUBSIDIARIES AS THE AUTHORITY SHALL DETERMINE.
§ 1349-CC. BIG APPLE TRANSIT AUTHORITY DEDICATED TAX FUND. 1. THE
AUTHORITY SHALL ESTABLISH A FUND TO BE KNOWN AS THE "BIG APPLE TRANSIT
AUTHORITY DEDICATED TAX FUND" WHICH SHALL BE KEPT SEPARATE FROM AND
SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY. THE FUND
SHALL CONSIST OF A "PLEDGED AMOUNTS ACCOUNT" AND AN "OPERATING AND CAPI-
TAL COSTS ACCOUNT" AND SUCH OTHER ACCOUNTS AND SUBACCOUNTS AS THE
AUTHORITY MAY DETERMINE.
2. MONEYS IN THE FUND MAY BE:
(A) PLEDGED BY THE AUTHORITY TO SECURE AND BE APPLIED TO THE PAYMENT
OF ITS BONDS, NOTES OR OTHER OBLIGATIONS SPECIFIED BY THE AUTHORITY AND
ISSUED TO FINANCE: (I) TRANSIT PROJECTS UNDERTAKEN FOR THE NEW YORK CITY
TRANSIT AUTHORITY AND ITS SUBSIDIARIES; AND (II) TRANSPORTATION FACILI-
TIES UNDERTAKEN FOR THE AUTHORITY AND ITS SUBSIDIARIES; AND
(B) USED FOR PAYMENT OF OPERATING COSTS, AND CAPITAL COSTS, INCLUDING
DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY, THE PAYMENT OF AMOUNTS
REQUIRED UNDER BOND AND NOTE FACILITIES OR AGREEMENTS RELATED THERETO,
THE PAYMENT OF FEDERAL GOVERNMENT LOANS, SECURITY OR CREDIT ARRANGEMENTS
OR OTHER AGREEMENTS RELATED THERETO, AND THE PAYMENT OF ALL COSTS
RELATED TO SUCH OBLIGATIONS, OF OR FOR THE AUTHORITY, THE NEW YORK CITY
TRANSIT AUTHORITY AND THEIR SUBSIDIARIES AS THE AUTHORITY SHALL DETER-
MINE. TO THE EXTENT MONEYS IN THE FUND HAVE BEEN PLEDGED BY THE AUTHORI-
TY TO SECURE AND PAY ITS BONDS, NOTES OR OTHER OBLIGATIONS AS HEREIN
S. 5555 113
PROVIDED, MONEYS DEPOSITED INTO THE FUND SHALL FIRST BE DEPOSITED INTO
THE PLEDGED AMOUNTS ACCOUNT TO THE EXTENT NECESSARY TO SATISFY THE
REQUIREMENTS OF ANY DEBT SERVICE OR RESERVE REQUIREMENTS, IF ANY, OF THE
RESOLUTION AUTHORIZING SUCH BONDS, NOTES OR OTHER OBLIGATIONS. AFTER
SATISFACTION OF SUCH REQUIREMENTS OF THE RESOLUTION, OR IF THE AUTHORITY
HAS NOT SO PLEDGED THE MONEYS IN THE FUND, MONEYS DEPOSITED IN THE FUND
SHALL BE DIRECTLY DEPOSITED INTO THE OPERATING AND CAPITAL COSTS ACCOUNT
AND, SUBJECT TO THE PROVISIONS OF ANY RESOLUTIONS OF THE AUTHORITY NOT
SECURED BY THE PLEDGED AMOUNTS ACCOUNT, TRANSFERRED FORTHWITH TO OR FOR
THE BENEFIT OF THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES
AND THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY.
3. ANY MONEYS DEPOSITED IN THE FUND SHALL BE HELD IN THE FUND FREE AND
CLEAR OF ANY CLAIM BY ANY PERSON ARISING OUT OF OR IN CONNECTION WITH
ARTICLE THIRTEEN-A OF THE TAX LAW. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING AND WITHOUT LIMITING THE RIGHTS AND DUTIES OF THE COMMIS-
SIONER OF TAXATION AND FINANCE UNDER ARTICLE THIRTEEN-A OF THE TAX LAW,
OR ANY OTHER PERSON, INCLUDING THE STATE, A PERSON SHALL HAVE ANY RIGHT
OR CLAIM AGAINST THE AUTHORITY, ANY OF ITS BONDHOLDERS, THE AUTHORITY OR
THE COMMUTER TRANSPORTATION AUTHORITY TO ANY MONEYS IN OR DISTRIBUTED
FROM THE FUND OR IN RESPECT OF A REFUND, REBATE, CREDIT OR REIMBURSEMENT
OF TAXES PAID UNDER ARTICLE THIRTEEN-A OF THE TAX LAW.
§ 1349-DD. CONSOLIDATED FINANCINGS. 1. NOTWITHSTANDING ANY INCONSIST-
ENT PROVISIONS OF THIS LAW OR ANY OTHER LAW, GENERAL, SPECIAL OR LOCAL,
THE AUTHORITY MAY ISSUE ITS NOTES, BONDS AND OTHER OBLIGATIONS TO
FINANCE TRANSPORTATION FACILITIES, INCLUDING TRANSIT PROJECTS AND
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY PROJECTS, UTILIZING A CONSOL-
IDATED PLEDGE OF ALL OR ANY PORTION OF THE REVENUES AND OTHER MONEYS AND
ASSETS OF THE AUTHORITY AND ITS SUBSIDIARIES, NEW YORK CITY TRANSIT
AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY, TOGETHER WITH THOSE OTHER SOURCES OF PAYMENT DESCRIBED IN
THIS SECTION. IN CONNECTION THEREWITH, AT ITS DISCRETION, THE AUTHORITY,
SUBJECT TO THE RIGHTS OF THE HOLDERS OF NOTES, BONDS OR OTHER OBLI-
GATIONS OF THE AUTHORITY, THE METROPOLITAN TRANSPORTATION AUTHORITY, THE
NEW YORK CITY TRANSIT AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY, MAY: (A) AGREE WITH THE NEW YORK CITY TRANSIT AUTHORITY OR
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY THAT ANY SUCH ENTITY SHALL
DEPOSIT ALL OR ANY PORTION OF THE REVENUES, OTHER MONIES AND ASSETS
RECEIVED BY IT OR ITS SUBSIDIARIES INTO ONE OR MORE FUNDS OR ACCOUNTS;
AND (B) DEPOSIT OR CAUSE TO BE DEPOSITED INTO ONE OR MORE FUNDS AND
ACCOUNTS: (I) ALL OR ANY PORTION OF THE REVENUES, OTHER MONIES AND
ASSETS RECEIVED BY THE AUTHORITY AND ITS SUBSIDIARIES; (II) ALL OR ANY
PORTION OF THE ANNUAL OPERATING SURPLUS OF THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY AS CERTIFIED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
TWO OF SECTION TWELVE HUNDRED NINETEEN-A OF THIS ARTICLE; (III) ALL OR
ANY PORTION OF THE AMOUNTS FROM THE OPERATING AND CAPITAL COSTS ACCOUNT
OF THE METROPOLITAN TRANSPORTATION AUTHORITY DEDICATED TAX FUND REQUIRED
TO BE DISTRIBUTED TO NEW YORK CITY TRANSIT AUTHORITY UNDER THE
PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-C OF THIS TITLE; (IV) ALL
OR ANY PORTION OF THE AVAILABLE MONIES IN THE TRANSIT ACCOUNT OF THE
METROPOLITAN TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE FUND ESTAB-
LISHED UNDER THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-A OF THIS
TITLE AVAILABLE FOR PAYMENT OF OPERATING AND CAPITAL COSTS OF NEW YORK
CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES AND STATEN ISLAND RAPID
TRANSIT OPERATING AUTHORITY AS PROVIDED IN SUBDIVISION TWO OF SECTION
TWELVE HUNDRED SEVENTY-A OF THIS TITLE; (V) ALL OR ANY PORTION OF THE
AVAILABLE MONEYS IN THE CORPORATE TRANSPORTATION ACCOUNT OF THE METRO-
S. 5555 114
POLITAN TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE FUND ESTABLISHED
UNDER THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-A OF THIS TITLE
AVAILABLE FOR USE BY THE AUTHORITY FOR PAYMENT OF OPERATING COSTS OF,
AND CAPITAL COSTS, INCLUDING DEBT SERVICE AND RESERVE REQUIREMENTS, IF
ANY, OF OR FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND
THEIR SUBSIDIARIES AS PROVIDED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
SECTION TWELVE HUNDRED SEVENTY-A OF THIS TITLE; AND (VI) ANY OTHER
MONIES OF THE AUTHORITY, ITS SUBSIDIARIES, THE NEW YORK CITY TRANSIT
AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY FROM ANY SOURCE WHATSOEVER.
2. AMOUNTS SO DEPOSITED IN SUCH FUNDS OR ACCOUNTS MAY BE: (A) PLEDGED
BY THE AUTHORITY TO SECURE, AND BE APPLIED TO, THE PAYMENT OF ITS BONDS,
NOTES OR OTHER OBLIGATIONS ISSUED TO FINANCE TRANSPORTATION FACILITIES
UNDERTAKEN FOR THE AUTHORITY AND ITS SUBSIDIARIES, TRANSPORTATION FACIL-
ITIES, INCLUDING TRANSIT PROJECTS, UNDERTAKEN FOR NEW YORK CITY TRANSIT
AUTHORITY AND ITS SUBSIDIARIES, AND TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY PROJECTS UNDERTAKEN FOR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
AND (B) USED FOR PAYMENT OF OPERATING COSTS, AND CAPITAL COSTS, INCLUD-
ING DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY, THE PAYMENT OF AMOUNTS
REQUIRED UNDER BOND, NOTE OR OTHER FINANCING FACILITIES OR AGREEMENTS,
AND THE PAYMENT OF ALL COSTS RELATED TO SUCH OBLIGATIONS, OF OR FOR THE
AUTHORITY AND ITS SUBSIDIARIES, AND THE NEW YORK CITY TRANSIT AUTHORITY
AND ITS SUBSIDIARIES AS THE AUTHORITY IN ITS FULL DISCRETION SHALL
DETERMINE. TO THE EXTENT MONEYS SO DEPOSITED HAVE BEEN PLEDGED BY THE
AUTHORITY TO SECURE AND PAY ITS BONDS, NOTES OR OTHER OBLIGATIONS PURSU-
ANT TO THIS SUBDIVISION, SUCH MONEYS SHALL FIRST BE APPLIED TO SATISFY
THE REQUIREMENTS OF ANY DEBT SERVICE OR RESERVE REQUIREMENTS OF THE
RESOLUTION OR RESOLUTIONS OR OTHER CONTRACTUAL ARRANGEMENTS AUTHORIZING
SUCH BONDS, NOTES OR OTHER OBLIGATIONS. AFTER SATISFACTION OF SUCH
REQUIREMENTS OF ANY SUCH RESOLUTION, RESOLUTIONS, OR OTHER CONTRACTUAL
ARRANGEMENTS OR IF THE AUTHORITY HAS NOT SO PLEDGED SUCH MONEYS, SUCH
MONEYS SO DEPOSITED, SUBJECT TO THE PROVISIONS OF ANY OTHER RESOLUTIONS
OR CONTRACTUAL ARRANGEMENTS OF THE AUTHORITY AND THE NEW YORK CITY TRAN-
SIT AUTHORITY AND APPLICABLE PROVISIONS OF LAW, MAY BE TRANSFERRED TO OR
FOR THE BENEFIT OF THE AUTHORITY AND ITS SUBSIDIARIES AND NEW YORK CITY
TRANSIT AUTHORITY AND ITS SUBSIDIARIES. REVENUES AND OTHER MONIES OF THE
AUTHORITY AND ITS SUBSIDIARIES AND NEW YORK CITY TRANSIT AUTHORITY AND
ITS SUBSIDIARIES, RESPECTIVELY, WHICH ARE DEPOSITED IN THE FUNDS OR
ACCOUNTS AUTHORIZED BY THIS SECTION, AS REDUCED BY ANY APPLICATION OF
SUCH REVENUES OR MONIES TO THE PAYMENT OF DEBT SERVICE, RESERVE REQUIRE-
MENTS, IF ANY, AND OTHER COSTS ATTRIBUTABLE TO THE FUNDING OF THE CAPI-
TAL COSTS OF SUCH ENTITY, SHALL BE ALLOCATED, CREDITED AND DISTRIBUTED
TO SUCH SOURCE ENTITY. ANY OTHER REVENUES OR MONIES WHICH ARE DEPOSITED
IN THE FUNDS OR ACCOUNTS AUTHORIZED BY THIS SECTION WHICH ARE REQUIRED
BY LAW TO BE ALLOCATED OR PAID TO THE AUTHORITY OR ITS SUBSIDIARIES OR
NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES, SHALL BE ALLOCATED
OR PAID TO THE ENTITY TO WHICH IT IS REQUIRED TO BE ALLOCATED OR PAID BY
LAW AFTER REDUCTION BY AN AMOUNT EQUAL TO THE PORTION THEREOF APPLIED TO
THE PAYMENT OF DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY, AND OTHER
COSTS ATTRIBUTABLE TO THE FUNDING OF THE CAPITAL COSTS OF SUCH ENTITY.
IN DETERMINING THE AMOUNT OF DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY,
AND OTHER COSTS ATTRIBUTABLE TO THE AUTHORITY AND ITS SUBSIDIARIES AND
THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, THE AUTHORITY
SHALL MAKE SUCH CALCULATION BASED UPON THE PERCENTAGE OF THE PROCEEDS OF
THE BONDS, NOTES AND OTHER OBLIGATIONS EXPENDED FOR THE CAPITAL COSTS
ATTRIBUTABLE TO EACH SUCH ENTITY. THE AUTHORITY MAY UTILIZE ANY INTERIM
S. 5555 115
ALLOCATION OF SUCH DISTRIBUTIONS, PROVIDED THAT WITHIN NINETY DAYS AFTER
THE END OF EACH CALENDAR YEAR, THE AUTHORITY SHALL CERTIFY THAT THE
AGGREGATE AMOUNT OF MONEYS TRANSFERRED TO EACH OF THE AUTHORITY AND ITS
SUBSIDIARIES, AND THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSID-
IARIES IN RESPECT OF SUCH CALENDAR YEAR, TAKING INTO ACCOUNT ANY INTERA-
GENCY REPAYMENTS OR REIMBURSEMENTS ANTICIPATED TO BE MADE IN THE NEXT
SUCCEEDING CALENDAR YEAR, IS NOT LESS THAN THE AMOUNTS REQUIRED TO BE
PAID OR TRANSFERRED TO SUCH ENTITIES.
3. FOR THE PURPOSE OF APPROPRIATELY ALIGNING AND ALLOCATING THE ULTI-
MATE RESPONSIBILITY FOR DEBT SERVICE AMONG AND BETWEEN THE AUTHORITY AND
ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES,
OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, EACH BEING AN "AFFILIATED
GROUP", AND EXCEPT AS OTHERWISE AUTHORIZED OR REQUIRED BY LAW, IN
CONNECTION WITH THE APPLICATION OF REVENUES, SUBSIDIES OR OTHER MONEYS
OR SECURITIES OF AN AFFILIATED GROUP TO PAY THE DEBT SERVICE ATTRIBUT-
ABLE TO BONDS, NOTES OR OTHER OBLIGATIONS WHICH PROVIDE FUNDING OF THE
CAPITAL COSTS OF ANOTHER AFFILIATED GROUP OR TO REFUND OR REDEEM BONDS,
NOTES OR OTHER OBLIGATIONS, THE PROCEEDS OF WHICH WERE USED TO FUND THE
CAPITAL COSTS OF ANOTHER AFFILIATED GROUP, THE AFFILIATED GROUP FOR
WHOSE BENEFIT DEBT SERVICE IS PAID OR OBLIGATIONS REFUNDED OR REDEEMED,
SHALL REPAY, THROUGH PAYMENTS, ADJUSTMENTS OR OTHER FORM OF RECONCIL-
IATION, SUCH AMOUNTS TO THE AFFILIATED GROUP THAT MADE SUCH PAYMENTS NOT
LATER THAN THE END OF THE NEXT SUCCEEDING FISCAL YEAR; PROVIDED, HOWEV-
ER, THAT IN CONNECTION WITH ANY REFUNDING OR REDEMPTION OF BONDS, NOTES
OR OTHER OBLIGATIONS, SUCH REPAYMENT, ADJUSTMENTS OR OTHER FORM OF
RECONCILIATION SHALL BE COMPLETED WITHIN THE PERIOD OF THE APPLICABLE
CAPITAL PROGRAM PLAN.
§ 1349-EE. REGULATION OF CERTAIN AUTHORITY EXPENDITURES. THE AUTHORI-
TY SHALL IMPLEMENT POLICIES AS APPROPRIATE TO MINIMIZE UNWARRANTED
EXPENSES AND TO PROTECT AGAINST ABUSES IN CONNECTION WITH (I) THE GRANT-
ING OF ANY PRIVILEGES OR BENEFITS HAVING FINANCIAL VALUE, OTHER THAN
WAGE PAYMENTS OR EXPENSE REIMBURSEMENTS, TO MEMBERS OR STAFF OF THE
AUTHORITY, OR ANY SUBSIDIARY OR OTHER AUTHORITY CREATED BY THE AUTHORI-
TY; AND (II) THE FULL-TIME AND PART-TIME ASSIGNMENT AND USE OF AUTOMO-
BILES OWNED OR LEASED BY THE AUTHORITY, OR ANY SUBSIDIARY OR OTHER
AUTHORITY CREATED BY THE AUTHORITY, AND THE USE BY AUTHORITY EMPLOYEES
AND BOARD MEMBERS OF LIVERY VEHICLES, AS DEFINED IN SECTION ONE HUNDRED
TWENTY-ONE-E OF THE VEHICLE AND TRAFFIC LAW.
§ 1349-FF. METROPOLITAN TRANSPORTATION AUTHORITY FINANCE FUND. 1. THE
AUTHORITY SHALL ESTABLISH A FUND TO BE KNOWN AS THE "METROPOLITAN TRANS-
PORTATION AUTHORITY FINANCE FUND" WHICH SHALL BE KEPT SEPARATE FROM AND
SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY.
2. MONEYS IN THE FUND MAY BE: (A) PLEDGED BY THE AUTHORITY TO SECURE
AND BE APPLIED TO THE PAYMENT OF THE BONDS, NOTES OR OTHER OBLIGATIONS
OF THE AUTHORITY ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
TO FINANCE CAPITAL PROJECTS OF THE AUTHORITY AND ITS SUBSIDIARIES AND
THE NEW YORK CITY TRANSIT AUTHORITY AND ANY SUBSIDIARIES; OR (B) USED
FOR PAYMENT OF CAPITAL COSTS, INCLUDING DEBT SERVICE, RESERVE REQUIRE-
MENTS, IF ANY, THE PAYMENT OF AMOUNTS REQUIRED UNDER BOND AND NOTE
FACILITIES OR AGREEMENTS RELATED THERETO, THE PAYMENT OF FEDERAL GOVERN-
MENT LOANS, SECURITY OR CREDIT ARRANGEMENTS OR OTHER AGREEMENTS RELATED
THERETO, AND THE PAYMENT OF ALL COSTS RELATED TO SUCH OBLIGATIONS, OF OR
FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY AND THEIR SUBSID-
IARIES AS THE AUTHORITY SHALL DETERMINE. SUBJECT TO THE PROVISIONS OF
ANY SUCH PLEDGE, OR IN THE EVENT THERE IS NO SUCH PLEDGE, ANY EXCESS
MONEYS IN THIS FUND MAY BE USED BY THE AUTHORITY FOR PAYMENT OF OPERAT-
S. 5555 116
ING COSTS OF, AND CAPITAL COSTS, INCLUDING DEBT SERVICE AND RESERVE
REQUIREMENTS, IF ANY, OF OR FOR THE AUTHORITY, THE NEW YORK CITY TRANSIT
AUTHORITY AND THEIR SUBSIDIARIES AS THE AUTHORITY SHALL DETERMINE. TO
THE EXTENT MONEYS IN THE FUND HAVE BEEN PLEDGED BY THE AUTHORITY TO
SECURE AND PAY THE BONDS, NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY
ISSUED TO FINANCE CAPITAL PROJECTS OF THE AUTHORITY AND ITS SUBSIDIARIES
AND THE NEW YORK CITY TRANSIT AUTHORITY AND ANY SUBSIDIARIES AS HEREIN
PROVIDED, MONEYS DEPOSITED INTO THE FUND SHALL BE DEPOSITED TO THE
EXTENT NECESSARY TO SATISFY THE REQUIREMENTS OF ANY DEBT SERVICE OR
RESERVE REQUIREMENTS, IF ANY, OF THE RESOLUTION AUTHORIZING SUCH BONDS,
NOTES OR OTHER OBLIGATIONS.
3. ANY MONEYS DEPOSITED IN THE FUND SHALL BE HELD IN THE FUND FREE AND
CLEAR OF ANY CLAIM BY ANY PERSON ARISING OUT OF OR IN CONNECTION WITH
ARTICLE TWENTY-THREE OF THE TAX LAW. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING AND WITHOUT LIMITING THE RIGHTS AND DUTIES OF THE COMMIS-
SIONER OF TAXATION AND FINANCE UNDER ARTICLE TWENTY-THREE OF THE TAX
LAW, A PERSON SHALL HAVE ANY RIGHT OR CLAIM AGAINST THE AUTHORITY, ANY
OF THEIR BONDHOLDERS, ANY OF THE AUTHORITY'S OTHER SUBSIDIARIES OR THE
NEW YORK CITY TRANSIT AUTHORITY OR ANY SUBSIDIARY TO ANY MONEYS IN OR
DISTRIBUTED FROM THE FUND OR IN RESPECT OF A REFUND, REBATE, CREDIT OR
REIMBURSEMENT OF TAXES PAID UNDER ARTICLE TWENTY-THREE OF THE TAX LAW.
§ 1349-GG. NEW YORK CITY TRANSPORTATION ASSISTANCE FUND. 1. THE
AUTHORITY SHALL CREATE AND ESTABLISH A FUND TO BE KNOWN AS THE "NEW YORK
CITY TRANSPORTATION ASSISTANCE FUND" WHICH SHALL BE KEPT SEPARATE FROM
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY. THE
NEW YORK CITY TRANSPORTATION ASSISTANCE FUND SHALL CONSIST OF THREE
SEPARATE ACCOUNTS: (I) THE "SUBWAY ACTION PLAN ACCOUNT"; (II) THE "OUTER
BOROUGH TRANSPORTATION ACCOUNT"; AND (III) THE "GENERAL TRANSPORTATION
ACCOUNT".
2. MONEYS IN THE SUBWAY ACTION PLAN ACCOUNT SHALL BE USED FOR THE
EXCLUSIVE PURPOSE OF FUNDING THE OPERATING AND CAPITAL COSTS OF THE
METROPOLITAN TRANSPORTATION AUTHORITY'S NEW YORK CITY SUBWAY ACTION
PLAN. SUCH FUNDS MAY BE USED FOR INFRASTRUCTURE INCLUDING CONSTRUCTION,
RECONSTRUCTION, RECONDITIONING AND PRESERVATION OF TRANSPORTATION
SYSTEMS, FACILITIES AND EQUIPMENT, ACQUISITION OF PROPERTY, AND FOR
OPERATING COSTS INCLUDING PERSONAL SERVICES, NON-PERSONAL SERVICES,
FRINGE BENEFITS, AND CONTRACTUAL SERVICES. FUNDS MAY ALSO BE USED TO PAY
OR TO REIMBURSE THE AUTHORITY FOR ITS PAYMENT OF DEBT SERVICE AND
RESERVE REQUIREMENTS ON THAT PORTION OF AUTHORITY BONDS AND NOTES ISSUED
BY THE AUTHORITY FOR CAPITAL COSTS OF THE METROPOLITAN TRANSPORTATION
AUTHORITY'S NEW YORK CITY SUBWAY ACTION PLAN.
3. MONEYS IN THE OUTER BOROUGH TRANSPORTATION ACCOUNT SHALL BE USED
FOR THE EXCLUSIVE PURPOSE OF FUNDING THE OPERATING AND CAPITAL COSTS OF
METROPOLITAN TRANSPORTATION AUTHORITY FACILITIES, EQUIPMENT AND SERVICES
IN THE COUNTIES OF BRONX, KINGS, QUEENS AND RICHMOND, AND ANY PROJECTS
IMPROVING TRANSPORTATION CONNECTIONS FROM SUCH COUNTIES TO NEW YORK
COUNTY. SUCH FUNDS MAY BE USED FOR INFRASTRUCTURE INCLUDING
CONSTRUCTION, RECONSTRUCTION, RECONDITIONING AND PRESERVATION OF TRANS-
PORTATION SYSTEMS, FACILITIES AND EQUIPMENT, ACQUISITION OF PROPERTY,
AND FOR OPERATING COSTS INCLUDING PERSONAL SERVICES, NON-PERSONAL
SERVICES, FRINGE BENEFITS, AND CONTRACTUAL SERVICES. FUNDS MAY ALSO BE
USED TO FUND A TOLL REDUCTION PROGRAM FOR ANY CROSSINGS UNDER THE JURIS-
DICTION OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES
OR AFFILIATES. FUNDS MAY ALSO BE USED TO PAY OR TO REIMBURSE THE AUTHOR-
ITY FOR ITS PAYMENT OF DEBT SERVICE AND RESERVE REQUIREMENTS ON THAT
PORTION OF AUTHORITY BONDS AND NOTES THAT HAVE BEEN ISSUED BY THE
S. 5555 117
AUTHORITY SPECIFICALLY FOR THE AUTHORIZED PURPOSE OF THIS ACCOUNT.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, FINAL APPROVAL OF THE USE OF
ANY FUNDS PAID INTO THE OUTER BOROUGH TRANSPORTATION ACCOUNT SHALL BE
APPROVED BY THE MAYOR.
4. MONEYS IN THE GENERAL TRANSPORTATION ACCOUNT SHALL BE USED FOR
FUNDING THE OPERATING AND CAPITAL COSTS OF THE METROPOLITAN TRANSPORTA-
TION AUTHORITY. SUCH FUNDS MAY BE USED FOR INFRASTRUCTURE INCLUDING
CONSTRUCTION, RECONSTRUCTION, RECONDITIONING AND PRESERVATION OF TRANS-
PORTATION SYSTEMS, FACILITIES AND EQUIPMENT, ACQUISITION OF PROPERTY,
AND FOR OPERATING COSTS INCLUDING PERSONAL SERVICES, NON-PERSONAL
SERVICES, FRINGE BENEFITS, AND CONTRACTUAL SERVICES. FUNDS MAY ALSO BE
USED TO PAY OR TO REIMBURSE THE AUTHORITY FOR ITS PAYMENT OF DEBT
SERVICE AND RESERVE REQUIREMENTS ON THAT PORTION OF AUTHORITY BONDS AND
NOTES THAT HAVE BEEN ISSUED BY THE AUTHORITY SPECIFICALLY FOR THE
PURPOSES OF THIS ACCOUNT.
5. ANY REVENUES DEPOSITED IN THE SUBWAY ACTION PLAN ACCOUNT, THE OUTER
BOROUGH TRANSPORTATION ACCOUNT, OR THE GENERAL TRANSPORTATION ACCOUNT
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE USED EXCLUSIVELY
FOR THE PURPOSES DESCRIBED, RESPECTIVELY, IN SUBDIVISIONS TWO, THREE,
AND FOUR OF THIS SECTION. SUCH REVENUES SHALL ONLY SUPPLEMENT AND SHALL
NOT SUPPLANT ANY FEDERAL, STATE, OR LOCAL FUNDS EXPENDED BY THE METRO-
POLITAN TRANSPORTATION AUTHORITY, SUCH AUTHORITY'S AFFILIATES OR SUBSID-
IARIES FOR SUCH RESPECTIVE PURPOSES.
6. ANY REVENUES DEPOSITED INTO THE NEW YORK CITY TRANSPORTATION
ASSISTANCE FUND PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE
DIVERTED INTO THE GENERAL FUND OF THE STATE, ANY OTHER FUND MAINTAINED
FOR THE SUPPORT OF ANY OTHER GOVERNMENTAL PURPOSE, OR FOR ANY OTHER
PURPOSE NOT AUTHORIZED BY SUBDIVISIONS TWO, THREE AND FOUR OF THIS
SECTION.
7. THE AUTHORITY SHALL REPORT ON THE RECEIPT AND USES OF ALL FUNDS
RECEIVED BY THE NEW YORK CITY TRANSPORTATION ASSISTANCE FUND, AND IN
EACH OF ITS ACCOUNTS, TO THE DIRECTOR OF THE BUDGET, THE TEMPORARY PRES-
IDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON AN ANNUAL BASIS
NO LATER THAN THE FIRST DAY OF FEBRUARY.
§ 1349-HH. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO AND
AGREE WITH THE AUTHORITY AND ITS SUBSIDIARIES, THE NEW YORK CITY TRANSIT
AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY, AND THE HOLDERS OF ANY NOTES, BONDS OR OTHER OBLIGATIONS,
INCLUDING LEASE OBLIGATIONS, ISSUED OR INCURRED UNDER THIS TITLE, THAT
THE STATE SHALL NOT LIMIT OR ALTER THE DENIAL OF AUTHORITY UNDER SUBDI-
VISION NINE OF SECTION THIRTEEN HUNDRED FORTY-NINE-U OF THIS TITLE, OR
THE RIGHTS AND POWERS VESTED IN THE AUTHORITY AND ITS SUBSIDIARIES, THE
NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY BY THIS TITLE TO FULFILL THE TERMS OF ANY
AGREEMENTS MADE BY ANY OF THEM WITH THE HOLDERS THEREOF, OR IN ANY WAY
IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS UNTIL SUCH NOTES, BONDS
OR OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS, TOGETHER WITH THE
INTEREST THEREON, WITH INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST,
AND ALL COSTS AND EXPENSES FOR WHICH THE AUTHORITY OR ITS SUBSIDIARIES,
THE NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, AND THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IS LIABLE IN CONNECTION WITH ANY
ACTION OR PROCEEDING BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND
DISCHARGED. THE AUTHORITY AND ITS SUBSIDIARIES, THE NEW YORK CITY TRANS-
IT AUTHORITY AND ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY ARE EACH AUTHORIZED TO INCLUDE THIS PLEDGE AND AGREEMENT OF
S. 5555 118
THE STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH NOTES, BONDS OR
OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS.
§ 1349-II. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITH-
STANDING, AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS
WHICH MAY BE CONTAINED IN ANY CONTRACT WITH THE HOLDERS OF THE BONDS,
THE STATE MAY, UPON FURNISHING SUFFICIENT FUNDS THEREFOR, REQUIRE THE
AUTHORITY TO REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS
ON ANY INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE
OF THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR FACE
VALUE AND ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS MAY BE
PROVIDED IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON
THE REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT
LEAST TWO NEWSPAPERS PUBLISHING AND CIRCULATING RESPECTIVELY IN THE
CITIES OF ALBANY AND NEW YORK AT LEAST TWICE, THE FIRST PUBLICATION TO
BE AT LEAST THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
§ 1349-JJ. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS. 1. IN THE EVENT
THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR
INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL
CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS TITLE OR
SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF
NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
CIPAL AMOUNT OF THE NOTES OR BONDS OF SUCH ISSUE THEN OUTSTANDING, BY
INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
TO REPRESENT THE HOLDERS OF SUCH NOTES OR BONDS FOR THE PURPOSES
PROVIDED BY THIS SECTION.
2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS THEN
OUTSTANDING, SHALL, IN HIS OR HER OWN NAME:
(A) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS OR BONDHOLD-
ERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT FARES,
TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT ANY
AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
ES AND OTHER FEES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND TO PERFORM ITS
DUTIES UNDER THIS TITLE;
(B) BRING SUIT UPON SUCH NOTES OR BONDS;
(C) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
(D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS; AND
(E) DECLARE ALL SUCH NOTES OR BONDS DUE AND PAYABLE, AND IF ALL
DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF THE HOLDERS OF
TWENTY-FIVE PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS
THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
TATION OF BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND PROTECTION
OF THEIR RIGHTS.
4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.
S. 5555 119
THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE
COUNTY IN WHICH THE INSTRUMENT OR INSTRUMENTS ARE FILED IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION.
5. BEFORE DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS' NOTICE, IN WRITING, TO THE
MAYOR, THE AUTHORITY, THE COMPTROLLER AND THE PUBLIC ADVOCATE.
§ 1349-KK. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS OF
THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS
AND BODIES OF THE STATE AND ALL MUNICIPALITIES AND POLITICAL SUBDIVI-
SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND ALL OTHER PERSONS
CARRYING ON AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES,
SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
PERSONS CARRYING ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS,
EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
EVER WHO ARE NOW OR WHO MAY HEREINAFTER BE AUTHORIZED TO INVEST IN BONDS
OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST
FUNDS, INCLUDING CAPITAL, IN THEIR CONTROL OR BELONGING TO THEM.
NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, THE BONDS OF THE AUTHORITY
ARE ALSO HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE
RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICI-
PALITIES AND POLITICAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOS-
IT OF BONDS OR OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREINAFTER
BE AUTHORIZED.
§ 1349-LL. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND, DETERMINED AND
DECLARED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS
PURPOSES IS, IN ALL RESPECTS, FOR THE BENEFIT OF THE PEOPLE OF THE CITY
OF NEW YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND PROS-
PERITY AND IS A PUBLIC PURPOSE, AND THAT THE AUTHORITY SHALL BE PERFORM-
ING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS
CONFERRED UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY OF THE
FOLLOWING PROVISIONS OF THIS SECTION, PROPERTY OWNED BY THE AUTHORITY,
PROPERTY LEASED BY THE AUTHORITY AND USED FOR TRANSPORTATION PURPOSES,
AND PROPERTY USED FOR TRANSPORTATION PURPOSES BY OR FOR THE BENEFIT OF
THE AUTHORITY EXCLUSIVELY PURSUANT TO THE PROVISIONS OF A JOINT SERVICE
ARRANGEMENT OR OF A JOINT FACILITIES AGREEMENT OR TRACKAGE RIGHTS AGREE-
MENT SHALL ALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM LEVIES.
THE AUTHORITY SHALL BE REQUIRED TO PAY NO FEES, TAXES OR ASSESSMENTS,
WHETHER STATE OR LOCAL, INCLUDING BUT NOT LIMITED TO FEES, TAXES OR
ASSESSMENTS ON REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR OTHER EXCISE
TAXES, UPON ANY OF ITS PROPERTY, OR UPON THE USE THEREOF, OR UPON ITS
ACTIVITIES IN THE OPERATION AND MAINTENANCE OF ITS FACILITIES OR ON ANY
FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES, REVENUES OR OTHER
INCOME RECEIVED BY THE AUTHORITY AND THE BONDS OF THE AUTHORITY AND THE
INCOME THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM TAXATION, EXCEPT FOR
GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS. THIS SECTION SHALL CONSTI-
TUTE A COVENANT AND AGREEMENT WITH THE HOLDERS OF ALL BONDS ISSUED BY
THE AUTHORITY. THE TERMS "TAXATION" AND "SPECIAL AD VALOREM LEVY" SHALL
HAVE THE SAME MEANINGS AS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL
PROPERTY TAX LAW AND THE TERM "TRANSPORTATION PURPOSES" SHALL HAVE THE
SAME MEANING AS USED IN TITLES TWO-A AND TWO-B OF ARTICLE FOUR OF SUCH
LAW.
§ 1349-MM. ACTIONS AGAINST THE AUTHORITY. 1. AS A CONDITION TO THE
CONSENT OF THE STATE TO SUITS AGAINST THE AUTHORITY, IN EVERY ACTION
AGAINST THE AUTHORITY FOR DAMAGES, FOR INJURIES TO REAL OR PERSONAL
PROPERTY OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJURIES OR
S. 5555 120
DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST THIRTY
DAYS HAVE ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH SUCH
ACTION IS FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY OR OTHER
OFFICER DESIGNATED FOR SUCH PURPOSE AND THAT THE AUTHORITY HAS NEGLECTED
OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
2. AN ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT AN ACTION
FOR WRONGFUL DEATH, SHALL NOT BE COMMENCED MORE THAN FIFTEEN MONTHS
AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A
NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMITED BY AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. AN ACTION AGAINST THE AUTHORITY
FOR WRONGFUL DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF
CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF
THIS CHAPTER.
3. THE AUTHORITY SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
THE EXTENT THAT IT SHALL SAVE HARMLESS ANY DULY APPOINTED OFFICER OR
EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
EE, IN THE OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF THE AUTHORITY
IN THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF, WHILE OTHERWISE
ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
HIS OR HER EMPLOYMENT.
4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT AN
ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER OR EMPLOYEE OF
THE AUTHORITY DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
CLAIM AND WHEN SO SWORN TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO
SUCH ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE POWER TO SETTLE OR
ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
6. THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT FOR
SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
OF THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION OF
THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION AS IF
SUCH SUBSIDIARY CORPORATION WERE SEPARATELY NAMED HEREIN, PROVIDED,
HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY WHICH IS A STOCK
CORPORATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS SECTION
EXCEPT WITH RESPECT TO THOSE CAUSES OF ACTION ARISING ON AND AFTER THE
FIRST DAY OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR MONTH IN
WHICH SUCH STOCK CORPORATION BECOMES A SUBSIDIARY CORPORATION OF THE
AUTHORITY.
§ 1349-NN. ANNUAL AUDIT OF AUTHORITY. THE COMPTROLLER SHALL CONDUCT AN
ANNUAL AUDIT OF THE BOOKS AND RECORDS OF THE AUTHORITY AND ITS SUBSID-
IARY CORPORATIONS. SUCH AUDIT SHALL INCLUDE A COMPLETE AND THOROUGH
EXAMINATION OF SUCH AUTHORITY'S RECEIPTS, DISBURSEMENTS, REVENUES AND
EXPENSES DURING THE PRIOR FISCAL YEAR IN ACCORDANCE WITH THE CATEGORIES
OR CLASSIFICATIONS ESTABLISHED BY SUCH AUTHORITY FOR ITS OWN OPERATING
AND CAPITAL OUTLAY PURPOSES; ASSETS AND LIABILITIES AT THE END OF ITS
LAST FISCAL YEAR INCLUDING THE STATUS OF RESERVE, DEPRECIATION, SPECIAL
OR OTHER FUNDS AND INCLUDING THE RECEIPTS AND PAYMENTS OF THESE FUNDS;
SCHEDULE OF BONDS AND NOTES OUTSTANDING AT THE END OF ITS FISCAL YEAR
AND THEIR REDEMPTION DATES, TOGETHER WITH A STATEMENT OF THE AMOUNTS
REDEEMED AND INCURRED DURING SUCH FISCAL YEAR; OPERATIONS, DEBT SERVICE
AND CAPITAL CONSTRUCTION DURING THE PRIOR FISCAL YEAR.
S. 5555 121
THE COMPTROLLER, UPON COMPLETION OF SUCH AUDIT, SHALL WITHIN SIXTY
DAYS THEREAFTER, REPORT TO THE MAYOR AND CITY COUNCIL OF HIS OR HER
FINDINGS, CONCLUSIONS AND RECOMMENDATIONS THEREOF.
§ 1349-OO. AUTHORITY BUDGET AND FINANCIAL PLAN. 1. IN ADDITION TO THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, EACH
AUTHORITY BUDGET AND PLAN SHALL BE POSTED ON ITS WEBSITE AND SHALL: (A)
PRESENT INFORMATION RELATING TO THE AUTHORITY AND EACH OF ITS AGENCIES
IN A CLEAR AND CONSISTENT MANNER AND FORMAT; (B) BE PREPARED IN ACCORD-
ANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, EXCEPT AS OTHERWISE
CONSENTED TO BY THE COMPTROLLER UPON A SHOWING OF GOOD CAUSE; (C) BE
BASED ON REASONABLE ASSUMPTIONS AND METHODS OF ESTIMATION; (D) INCLUDE
ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES; (E) IDENTIFY ANY
PLANNED TRANSACTION THAT WOULD SHIFT RESOURCES, FROM ANY SOURCE, FROM
ONE FISCAL YEAR TO ANOTHER, AND THE AMOUNT OF ANY RESERVES; AND (F)
CONTAIN A SUMMARY IN PLAIN ENGLISH OF THE PRINCIPAL INFORMATION IN THE
BUDGET AND CONCLUSIONS TO BE DRAWN FROM IT.
2. THE AUTHORITY SHALL PREPARE AND MAKE AVAILABLE FOR PUBLIC
INSPECTION ON ITS WEBSITE INFORMATION THAT DETAILS THE SOURCES OF DATA
AND THE ASSUMPTIONS AND METHODS OF ESTIMATION USED TO CALCULATE ALL
OPERATING AND CAPITAL BUDGET PROJECTIONS, CONSISTENT WITH GENERALLY
ACCEPTED BUDGETARY PRACTICES.
3. THE AUTHORITY SHALL ESTABLISH, AT LEAST ANNUALLY, THE QUARTERLY
REVENUE AND EXPENSE TARGETS FOR THE AUTHORITY, AND FOR EACH SUBSIDIARY
OR OTHER AUTHORITY CREATED BY THE AUTHORITY ITSELF AND FOR WHICH IT
REPORTS FINANCIAL DATA.
4. THE AUTHORITY SHALL PREPARE AND MAKE AVAILABLE FOR PUBLIC
INSPECTION ON ITS WEBSITE: (A) WITHIN SIXTY DAYS OF THE RELEASE OF THE
ADOPTED BUDGET AND ANY UPDATES TO THE BUDGET, EXCEPT UPDATES RELEASED
WITHIN NINETY DAYS OF THE CLOSE OF THE FISCAL YEAR, MONTHLY PROJECTIONS
FOR THE CURRENT FISCAL YEAR OF ALL REVENUES AND EXPENSES, STAFFING FOR
THE AUTHORITY AND EACH OF ITS AGENCIES, AND UTILIZATION FOR EACH OF THE
AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS, INCLUDING
BRIDGES AND TUNNELS; (B) WITHIN SIXTY DAYS AFTER THE CLOSE OF EACH QUAR-
TER, A COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL STAFFING AND
ACTUAL UTILIZATION TO PLANNED OR PROJECTED LEVELS FOR EACH OF THE
AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS, INCLUDING
BRIDGES AND TUNNELS, WITH AN EXPLANATION OF EACH MATERIAL VARIANCE AND
ITS BUDGETARY IMPACT; AND (C) WITHIN NINETY DAYS AFTER THE CLOSE OF EACH
QUARTER, THE STATUS OF EACH GAP-CLOSING INITIATIVE WITH A PROJECTED
VALUE GREATER THAN ONE MILLION DOLLARS IN ANY GIVEN FISCAL YEAR; THE
STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED
TO COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND AN EXPLANATION OF
MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS.
5. FINANCIAL INFORMATION REQUIRED TO BE SUBMITTED BY THE AUTHORITY
PURSUANT TO PARAGRAPHS D AND E OF SUBDIVISION ONE OF SECTION THIRTEEN
HUNDRED FORTY-NINE-X OF THIS TITLE SHALL BE PRESENTED IN A FORMAT
CONSISTENT WITH THE BUDGET AND PLAN, IN DOWNLOADABLE, SEARCHABLE FORMAT.
§ 1349-PP. INDEPENDENT AUDIT OF AUTHORITY. THE INDEPENDENT AUDITOR
RETAINED BY THE AUTHORITY SHALL NOT PROVIDE TO THE AUTHORITY, CONTEMPO-
RANEOUSLY WITH THE AUDIT, UNLESS IT SHALL HAVE PREVIOUSLY RECEIVED WRIT-
TEN APPROVAL BY THE AUDIT COMMITTEE, ANY NON-AUDIT SERVICE, INCLUDING:
1. ROUTINE BOOKKEEPING OR OTHER SERVICES;
2. FINANCIAL INFORMATION SYSTEMS DESIGN AND IMPLEMENTATION;
3. APPRAISAL OR VALUATION SERVICES, FAIRNESS OPINIONS, OR CONTRIBU-
TION-IN-KIND REPORTS;
4. ACTUARIAL SERVICES;
S. 5555 122
5. OUTSOURCING SERVICES;
6. AUTHORITY MANAGEMENT FUNCTIONS OR HUMAN RESOURCES;
7. BROKER OR DEALER, INVESTMENT ADVISOR OR INVESTMENT BANKING
SERVICES; AND
8. LEGAL SERVICES AND EXPERT SERVICES UNRELATED TO THE AUDIT.
§ 1349-QQ. INDEPENDENT AUDIT BY THE LEGISLATURE. AFTER THE SUBMISSION
OF THE ANNUAL INDEPENDENT AUDIT REPORT TO THE LEGISLATURE PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, AND AFTER REVIEW OF
SUCH REPORT, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY MAY COMMISSION AN AUDITING FIRM, EVERY TWO YEARS, TO
CONDUCT AN INDEPENDENT AUDIT OF THE AUTHORITY, INCLUDING ITS SUBSID-
IARIES. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY SHALL SET THE SCOPE OF SUCH AUDIT AND DETERMINE THE TERMS OF
THE REQUEST FOR PROPOSAL FOR SUCH AUDIT. SUCH AUDIT SHALL BE PERFORMED
FOR THE SECOND YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION. THE
AUTHORITY SHALL FULLY COOPERATE WITH AND ASSIST IN SUCH AN AUDIT.
§ 1349-RR. REPORTING. THE AUTHORITY SHALL POST ON ITS WEBSITE ON OR
BEFORE THE FIRST OF MAY, THE LAW FIRMS RETAINED BY THE AUTHORITY WHICH
IN THE PAST YEAR RECEIVED PAYMENT FOR SERVICES IN SUCH YEAR.
§ 1349-SS. TRANSFER AND RECEIPT OF SURPLUS FUNDS. NOTWITHSTANDING ANY
PROVISION OF THIS TITLE OR ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL
OR LOCAL, THE AUTHORITY MAY FROM TIME TO TIME TRANSFER AND PAY OVER TO
NEW YORK CITY TRANSIT AUTHORITY OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY ALL OR ANY PART OF ITS SURPLUS FUNDS; AND MAY ACCEPT AND USE ANY
MONEYS TRANSFERRED AND PAID OVER TO IT BY NEW YORK CITY TRANSIT AUTHORI-
TY OR TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
§ 1349-TT. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEFFEC-
TIVE. IF ANY PROVISION OF ANY SECTION OF THIS TITLE OR THE APPLICATION
THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A
COURT OF COMPETENT JURISDICTION, SUCH ORDER OR JUDGMENT SHALL BE
CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED,
AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY PROVISION OF ANY
SECTION OF THIS TITLE OR THE APPLICATION OF ANY PART THEREOF TO ANY
OTHER PERSON OR CIRCUMSTANCE AND TO THIS END THE PROVISIONS OF EACH
SECTION OF THIS TITLE ARE HEREBY DECLARED TO BE SEVERABLE.
§ 1349-UU. BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL. 1. THERE IS
HEREBY CREATED IN THE BIG APPLE TRANSIT AUTHORITY AN OFFICE OF BIG APPLE
TRANSIT AUTHORITY INSPECTOR GENERAL. THE INSPECTOR GENERAL SHALL BE
APPOINTED BY THE MAYOR WITH THE ADVICE AND CONSENT OF THE CITY COUNCIL.
THE INSPECTOR GENERAL SHALL, PRIOR TO HIS OR HER APPOINTMENT, HAVE HAD
AT LEAST TEN YEARS EXPERIENCE IN THE MANAGEMENT OF TRANSPORTATION
SERVICES, IN AUDITING AND INVESTIGATION OF GOVERNMENTAL OPERATIONS, OR
IN SERVICES RELATED TO MANAGEMENT AND PRODUCTIVITY IMPROVEMENT. THE TERM
OF OFFICE OF THE INSPECTOR GENERAL SHALL BE FIVE YEARS FROM THE EFFEC-
TIVE DATE OF APPOINTMENT, AND HE OR SHE SHALL SERVE AT THE PLEASURE OF
THE MAYOR. THE SALARY OF THE INSPECTOR GENERAL SHALL BE DETERMINED BY
THE AUTHORITY BOARD.
2. THE INSPECTOR GENERAL SHALL ANNUALLY SUBMIT TO THE BOARD OF THE BIG
APPLE TRANSIT AUTHORITY A BUDGET REQUEST FOR THE OPERATION OF THE
OFFICE. IF THE BOARD DISAPPROVES ANY PORTION OF SUCH REQUEST AND THE
COMMISSIONER DETERMINES SUCH DISAPPROVAL TO BE UNREASONABLE, SUCH
COMMISSIONER SHALL WITHHOLD FROM PAYMENTS DUE SUCH AUTHORITY, THE AMOUNT
SO DETERMINED TO BE UNREASONABLE AND TRANSFER SUCH AMOUNT TO THE OFFICE
OF THE BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL.
3. THE INSPECTOR GENERAL SHALL HAVE FULL AND UNRESTRICTED ACCESS TO
ALL RECORDS, INFORMATION, DATA, REPORTS, PLANS, PROJECTIONS, MATTERS,
S. 5555 123
CONTRACTS, MEMORANDA, CORRESPONDENCE AND ANY OTHER MATERIALS OF THE BIG
APPLE TRANSIT AUTHORITY AND ITS AFFILIATES, OR ANY OTHER AGENCY THAT MAY
COME UNDER THE CONTROL OF THE AUTHORITY, OR WITHIN THEIR CUSTODY OR
CONTROL.
4. THE INSPECTOR GENERAL, NOTWITHSTANDING THE PROVISIONS OF THIS
TITLE, TITLE NINE OF THIS ARTICLE AND TITLE THREE OF ARTICLE THREE OF
THIS CHAPTER, SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
(A) TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE OR UPON HIS
OR HER OWN INITIATIVE CONCERNING ALLEGED ABUSES, FRAUDS AND SERVICE
DEFICIENCIES, INCLUDING DEFICIENCIES IN THE MAINTENANCE AND OPERATION OF
FACILITIES, RELATING TO THE AUTHORITY AND ITS AFFILIATES;
(B) TO INITIATE SUCH REVIEWS AS HE OR SHE MAY DEEM APPROPRIATE OF THE
OPERATIONS OF THE AUTHORITY AND ITS AFFILIATE SUBSIDIARIES, IN ORDER TO
IDENTIFY AREAS IN WHICH PERFORMANCE MIGHT BE IMPROVED AND AVAILABLE
FUNDS USED MORE EFFECTIVELY;
(C) TO RECOMMEND REMEDIAL ACTIONS TO BE TAKEN BY THE AUTHORITY AND ITS
AFFILIATES, TO OVERCOME OR CORRECT OPERATING OR MAINTENANCE DEFICIENCIES
AND INEFFICIENCIES THAT HE OR SHE DETERMINES TO EXIST;
(D) TO MAKE AVAILABLE TO APPROPRIATE LAW ENFORCEMENT OFFICIALS INFOR-
MATION AND EVIDENCE THAT RELATE TO CRIMINAL ACTS THAT HE OR SHE MAY
OBTAIN IN CARRYING OUT HIS OR HER DUTIES;
(E) TO SUBPOENA WITNESSES, ADMINISTER OATHS OR AFFIRMATIONS, TAKE
TESTIMONY AND COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
DOCUMENTS AS HE OR SHE MAY DEEM TO BE RELEVANT TO ANY INQUIRY OR INVES-
TIGATION UNDERTAKEN PURSUANT TO THIS SECTION AND TO DELEGATE SUCH POWERS
TO A DULY AUTHORIZED DEPUTY INSPECTOR GENERAL;
(F) TO MONITOR THE IMPLEMENTATION BY THE AUTHORITY AND ITS SUBSID-
IARIES, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY AND THE NEW YORK CITY
TRANSIT AUTHORITY AND ITS SUBSIDIARIES OF RECOMMENDATIONS MADE BY THE
INSPECTOR GENERAL OR OTHER AUDIT AGENCIES; AND
(G) TO DO ALL THINGS NECESSARY TO CARRY OUT THE FUNCTIONS, POWERS AND
DUTIES SET FORTH IN THIS SECTION.
5. THE INSPECTOR GENERAL SHALL COOPERATE, CONSULT AND COORDINATE WITH
THE STATE PUBLIC TRANSPORTATION SAFETY BOARD WITH REGARD TO ANY ACTIVITY
CONCERNING THE OPERATIONS OF THE BIG APPLE TRANSIT AUTHORITY. WITH
RESPECT TO ANY ACCIDENT ON THE FACILITIES OF THE BIG APPLE TRANSIT
AUTHORITY, THE PRIMARY RESPONSIBILITY FOR INVESTIGATION SHALL BE THAT OF
THE BOARD WHICH SHALL SHARE ITS FINDINGS WITH THE BIG APPLE TRANSIT
AUTHORITY INSPECTOR GENERAL.
6. THE INSPECTOR GENERAL SHALL MAKE ANNUAL PUBLIC REPORTS ON HIS OR
HER FINDINGS AND RECOMMENDATIONS. SUCH A REPORT SHALL BE FILED IN THE
OFFICE OF THE MAYOR AND WITH THE CITY COUNCIL ON OR BEFORE THE FIRST DAY
OF FEBRUARY FOR THE PRECEDING YEAR. THE BIG APPLE TRANSIT AUTHORITY AND
ITS APPLICABLE CONSTITUENT AGENCIES SHALL PREPARE A RESPONSE TO THE
ANNUAL REPORT AND TO ANY AND ALL OTHER FINAL REPORTS MADE BY THE INSPEC-
TOR GENERAL WITHIN THIRTY DAYS OF RECEIPT, WHICH TIME MAY BE EXTENDED BY
THE INSPECTOR GENERAL IN HIS OR HER DISCRETION, INDICATING WHETHER SUCH
AUTHORITY INTENDS TO IMPLEMENT THE RECOMMENDATIONS IN SUCH REPORTS, AND,
IF NOT, AN EXPLANATION OF WHY NOT. IN ADDITION, THE BIG APPLE TRANSIT
AUTHORITY AND ITS APPLICABLE CONSTITUENT AGENCIES SHALL GIVE QUARTERLY
REPORTS TO THE INSPECTOR GENERAL OUTLINING THE STATUS OF EACH OF THE
RECOMMENDATIONS MADE BY THE INSPECTOR GENERAL IN HIS OR HER FINAL
REPORTS. COPIES OF ALL SUCH REPORTS SHALL BE SENT TO THE MAYOR AND THE
SPEAKER OF THE CITY COUNCIL.
7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE INSPECTOR GENERAL
MAY REQUEST FROM ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, OFFICE OR
S. 5555 124
OTHER AGENCY OF THE STATE, OR OF ANY OF ITS POLITICAL SUBDIVISIONS, SUCH
COOPERATION, ASSISTANCE, SERVICES AND DATA AS SHALL ENABLE HIM OR HER TO
CARRY OUT HIS OR HER FUNCTIONS, POWERS AND DUTIES HEREUNDER, AND SUCH
DEPARTMENTS, BOARDS, BUREAUS, COMMISSIONS, OFFICES OR OTHER AGENCIES OF
THE STATE ARE AUTHORIZED AND DIRECTED TO PROVIDE SUCH COOPERATION,
ASSISTANCE, SERVICES AND DATA.
§ 1349-VV. MANAGEMENT ADVISORY BOARD. 1. THERE IS HEREBY CREATED IN
THE OFFICE OF THE BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL A
MANAGEMENT ADVISORY BOARD, CONSISTING OF THIRTEEN MEMBERS APPOINTED BY
THE MAYOR, OF WHOM TWO SHALL BE APPOINTED UPON NOMINATION BY THE CITY
COUNCIL. ALL MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS. ONE OF THE
MEMBERS APPOINTED TO THE MANAGEMENT ADVISORY BOARD DIRECTLY BY THE MAYOR
SHALL BE DESIGNATED BY THE MAYOR TO SERVE AS ITS CHAIRMAN.
2. ALL MEMBERS OF THE MANAGEMENT ADVISORY BOARD SHALL BE RESIDENTS OF
THE CITY AND SHALL BE PERSONS WITH SUBSTANTIAL EXPERIENCE IN THE MANAGE-
MENT OF PRIVATE ENTERPRISES, IN THE DELIVERY OF PUBLIC SERVICES, OR IN
LABOR OR LABOR-MANAGEMENT RELATIONS.
3. THE MANAGEMENT ADVISORY BOARD SHALL ASSIST THE BIG APPLE TRANSIT
AUTHORITY INSPECTOR GENERAL IN IDENTIFYING WAYS TO IMPROVE SERVICES,
REDUCE COSTS AND INCREASE THE EFFICIENCY OF THE AUTHORITY AND ITS
SUBSIDIARIES, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY OR THE NEW YORK
CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES.
4. NO LATER THAN APRIL FIRST, TWO THOUSAND TWENTY-TWO. PROCEEDING THE
EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER, THE MANAGEMENT
ADVISORY BOARD SHALL SUBMIT TO THE MAYOR AND THE CITY COUNCIL A REPORT
ON ITS ACTIVITIES DURING THE PREVIOUS YEAR.
5. THE OFFICE OF THE BIG APPLE TRANSIT AUTHORITY INSPECTOR GENERAL
SHALL PROVIDE THE MANAGEMENT ADVISORY BOARD WITH SUCH STAFF SUPPORT AS
MAY BE REQUIRED FOR THE PERFORMANCE OF ITS DUTIES.
6. MEMBERS OF THE MANAGEMENT ADVISORY BOARD SHALL SERVE WITHOUT
COMPENSATION, BUT SHALL BE REIMBURSED FOR EXPENSES REASONABLY INCURRED
IN THE PERFORMANCE OF THEIR DUTIES.
§ 1349-WW. THE OFFICE OF LEGISLATIVE AND COMMUNITY INPUT. 1. THE
CHAIRPERSON OF THE AUTHORITY SHALL ESTABLISH THE OFFICE OF LEGISLATIVE
AND COMMUNITY INPUT FOR THE PURPOSE OF COMMUNICATING INFORMATION TO, AND
RECEIVING COMMENTS, CONCERNS AND RECOMMENDATIONS FROM, MEMBERS OF THE
CITY COUNCIL, AND MEMBERS OF THE PERMANENT CITIZENS ADVISORY COMMITTEE
TO THE AUTHORITY, AS DEFINED IN SECTION THIRTEEN HUNDRED FORTY-NINE-M OF
THIS TITLE, ON THE FOLLOWING:
(A) THE OPERATIONS OF THE RAPID TRANSIT AND OMNIBUS FACILITIES OF THE
AUTHORITY, INCLUDING BUT NOT LIMITED TO:
(I) THE QUALITY OF SERVICE PROVIDED ON ANY RAPID TRANSIT, AND OMNIBUS
LINE OR ROUTE;
(II) THE FREQUENCY OF OPERATING SERVICE ON THE AUTHORITY'S MASS TRANS-
IT FACILITIES;
(III) THE MAINTENANCE AND CONDITION OF THE AUTHORITY'S MASS TRANSIT
FACILITIES, INCLUDING BUT NOT LIMITED TO, RAPID TRANSIT AND BUSES, FARE
COLLECTION SYSTEMS AND SOUND SYSTEMS; AND
(IV) PROPOSED SERVICE CHANGES, INCLUDING ANY REDUCTIONS OR EXPANSION
OF SERVICES, AS IT RELATES TO THE AUTHORITY'S MASS TRANSIT FACILITIES;
AND
(B) ANY PROPOSED, SUBMITTED AND/OR APPROVED CAPITAL PROGRAM PLAN, ITS
COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES. ANY SUCH
COMMENTS, CONCERNS AND RECOMMENDATIONS RELATING TO THE CAPITAL PROGRAM
PLAN, ITS COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES
S. 5555 125
SHALL BE TAKEN INTO CONSIDERATION IN THE DEVELOPMENT OF THE CURRENT AND
EACH SUCCESSIVE CAPITAL PROGRAM PLAN AND/OR ANY AMENDMENT TO SUCH PLAN.
2. THE OFFICE SHALL ESTABLISH A PROCESS TO ENSURE TIMELY NOTIFICATION
OF THE RECEIPT OF, AND RESPONSE TO, COMMENTS, CONCERNS, AND RECOMMENDA-
TIONS BY MEMBERS OF THE LEGISLATURE OR MEMBERS OF THE PERMANENT CITIZENS
ADVISORY COMMITTEE TO THE AUTHORITY.
3. THE CHAIR AND OFFICE SHALL PREPARE A REPORT CONTAINING THE FOLLOW-
ING INFORMATION:
(A) A COMPILATION OF THE COMMENTS, CONCERNS, AND RECOMMENDATIONS
RECEIVED BY THE OFFICE;
(B) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE OR WILL BE
ADDRESSED, SUCH AS THE AUTHORITY'S RESPONSE BY THE INCORPORATION OR
INITIATION OF SYSTEM AND OPERATIONAL ADJUSTMENTS, IMPROVEMENTS OR EXPAN-
SIONS IF APPLICABLE; AND
(C) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE OR WILL BE
ADDRESSED, SUCH AS THE AUTHORITY'S RESPONSE BY CHANGING OR AMENDING THE
CAPITAL PLAN, AS WELL AS PROVIDING STATUS UPDATES ON THE PROGRESS OF
SUCH PLAN.
4. SUCH REPORT SHALL, ON A BIANNUAL BASIS COMMENCING SEPTEMBER FIRST,
TWO THOUSAND TWENTY-ONE, SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION,
BE SUBMITTED TO THE MAYOR, THE SPEAKER OF THE CITY COUNCIL AND BE POSTED
ON THE AUTHORITY'S WEBSITE AND ALSO BE MADE READILY AVAILABLE TO THE
PUBLIC.
§ 1349-XX. SUPPLEMENTAL REVENUE REPORTING PROGRAM. 1. ON OR BEFORE THE
FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, THE
AUTHORITY SHALL DEVELOP A SUPPLEMENTAL REVENUE REPORTING PROGRAM. SUCH
PROGRAM SHALL PROVIDE A DETAILED ACCOUNTING OF THE AMOUNT SPENT FROM
SUPPLEMENTAL REVENUES ON ACTIONS, MEASURES OR PROJECTS UNDERTAKEN TO
REDUCE MAJOR INCIDENTS THAT HAVE BEEN FOUND TO CAUSE DELAYS TO THE NEW
YORK CITY SUBWAY SYSTEM, INCLUDING BUT NOT LIMITED TO: TRACK INCIDENTS;
SIGNAL FAILURE; PERSONS ON THE TRACK; POLICE AND MEDICAL ACTIVITY;
STRUCTURAL AND ELECTRICAL PROBLEMS; AND BROKEN TRAINCAR EQUIPMENT. THE
INFORMATION DESCRIBED IN THIS SUBDIVISION, INCLUDING THE SPENDING
DETAILS AND THE ASSOCIATED CATEGORY OF MAJOR INCIDENT, SHALL BE UPDATED
QUARTERLY AND BE PROMINENTLY POSTED TOGETHER ON THE AUTHORITY'S WEBSITE.
2. FOR PURPOSES OF THIS SECTION, "SUPPLEMENTAL REVENUES" SHALL INCLUDE
ANY FUNDS APPROPRIATED BY THE STATE OR THE CITY OF NEW YORK TO SUPPORT
THE NYC SUBWAY ACTION PLAN APPROVED BY THE BOARD OF THE AUTHORITY.
§ 2. This act shall take effect January 1, 2022.
PART E
Section 1. Article 5 of the public authorities law is amended by
adding a new title 11-F to read as follows:
TITLE 11-F
COMMUTER TRANSPORTATION AUTHORITY
SECTION 1349-AAAA. SHORT TITLE.
1349-BBBB. DEFINITIONS.
1349-CCCC. COMMUTER TRANSPORTATION AUTHORITY.
1349-DDDD. PURPOSES OF THE AUTHORITY.
1349-EEEE. STATE OF EMERGENCY; BOARDING OF A COMMUTER TRANSPOR-
TATION BY DOMESTIC COMPANION ANIMALS.
1349-FFFF. GENERAL POWERS OF THE AUTHORITY.
1349-GGGG. CONTRACTS.
S. 5555 126
1349-HHHH. COMMUTER TRANSPORTATION AUTHORITY SMALL BUSINESS
MENTORING PROGRAM.
1349-IIII. SPECIAL POWERS OF THE AUTHORITY.
1349-JJJJ. MEDICAL EMERGENCY SERVICES.
1349-KKKK. MEDICAL EMERGENCY SERVICES PLAN; IMPLEMENTATION ON
LONG ISLAND RAIL ROAD.
1349-LLLL. LONG ISLAND RAIL ROAD COMMUTER COUNCIL.
1349-MMMM. METRO-NORTH RAIL COMMUTER COUNCIL.
1349-NNNN. MEDICAL EMERGENCY SERVICES PLAN; IMPLEMENTATION ON
METRO-NORTH COMMUTER RAILROAD COMPANY.
1349-OOOO. EXCESS LOSS FUND.
1349-PPPP. AUTHORITY POLICE FORCE.
1349-QQQQ. THE PERMANENT CITIZENS ADVISORY COMMITTEE.
1349-RRRR. COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO CUSTOM-
ERS.
1349-SSSS. EXPIRED FARE TRANSFER POLICY.
1349-TTTT. ACQUISITION AND DISPOSITION OF REAL PROPERTY.
1349-UUUU. ACQUISITION AND DISPOSITION OF REAL PROPERTY BY
DEPARTMENT OF TRANSPORTATION.
1349-VVVV. COOPERATION AND ASSISTANCE OF OTHER AGENCIES.
1349-WWWW. PROMOTION OF QUALIFIED TRANSPORTATION FRINGES.
1349-XXXX. NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY.
1349-YYYY. CAPITAL PROGRAM PLANS; APPROVALS; EFFECT OF DISAP-
PROVAL.
1349-ZZZZ. SUBMISSION OF STRATEGIC OPERATION PLAN.
1349-AAAAA. FINANCIAL AND OPERATIONAL REPORTS.
1349-BBBBB. MISSION STATEMENT AND MEASUREMENT REPORT.
1349-CCCCC. REQUIREMENTS FOR CERTAIN AUTHORITY CONTRACTS AND
RELATED SUBCONTRACTS.
1349-DDDDD. RESERVE FUNDS AND APPROPRIATIONS.
1349-EEEEE. CONSOLIDATED FINANCINGS.
1349-FFFFF. REGULATION OF CERTAIN AUTHORITY EXPENDITURES.
1349-GGGGG. AGREEMENT OF THE STATE.
1349-HHHHH. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
1349-IIIII. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS.
1349-JJJJJ. NOTES AND BONDS AS LEGAL INVESTMENT.
1349-KKKKK. EXEMPTION FROM TAXATION.
1349-LLLLL. ACTIONS AGAINST THE AUTHORITY.
1349-MMMMM. ANNUAL AUDIT OF THE AUTHORITY.
1349-NNNNN. AUTHORITY BUDGET AND FINANCIAL PLAN.
1349-OOOOO. INDEPENDENT AUDIT OF THE AUTHORITY.
1349-PPPPP. INDEPENDENT AUDIT BY THE LEGISLATURE.
1349-QQQQQ. REPORTING.
1349-RRRRR. STATION OPERATION AND MAINTENANCE.
1349-SSSSS. TRANSFER AND RECEIPT OF SURPLUS FUNDS.
1349-TTTTT. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR
INEFFECTIVE.
1349-UUUUU. COMMUTER TRANSPORTATION AUTHORITY INSPECTOR GENERAL.
1349-VVVVV. MANAGEMENT ADVISORY BOARD.
1349-WWWWW. TRANSITION-ELECTION TO WITHDRAW FROM THE METROPOL-
ITAN COMMUTER TRANSPORTATION DISTRICT.
1349-XXXXX. THE OFFICE OF LEGISLATIVE AND COMMUNITY INPUT.
1349-YYYYY. DEBARMENT.
1349-ZZZZZ. RIGHT TO SHARE EMPLOYEES.
§ 1349-AAAA. SHORT TITLE. THIS TITLE MAY BE KNOWN AND MAY BE CITED AS
THE "METROPOLITAN COMMUTER AUTHORITY ACT".
S. 5555 127
§ 1349-BBBB. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS
A DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
1. "AUTHORITY" SHALL MEAN THE CORPORATION CREATED BY SECTION THIRTEEN
HUNDRED FORTY-NINE-CCCC OF THIS TITLE.
2. "AUTHORITY FACILITIES" SHALL MEAN THE AUTHORITY'S RAILROAD, OMNI-
BUS, MARINE AND AVIATION FACILITIES AND OPERATIONS PURSUANT TO JOINT
SERVICE ARRANGEMENTS.
3. "BUDGET" SHALL MEAN THE PRELIMINARY, FINAL PROPOSED AND ADOPTED
FINAL PLANS OF THE AUTHORITY, AND EACH OF ITS AGENCIES.
4. "COMPTROLLER" SHALL MEAN THE COMPTROLLER OF THE STATE OF NEW YORK.
5. "EQUIPMENT" SHALL MEAN ROLLING STOCK, OMNIBUSES, VEHICLES, AIR,
MARINE OR SURFACE CRAFT, MOTORS, BOILERS, ENGINES, WIRES, WAYS, CONDUITS
AND MECHANISMS, MACHINERY, TOOLS, IMPLEMENTS, MATERIALS, SUPPLIES,
INSTRUMENTS AND DEVICES OF EVERY NATURE WHATSOEVER USED OR USEFUL FOR
TRANSPORTATION PURPOSES OR FOR THE GENERATION OR TRANSMISSION OF MOTIVE
POWER INCLUDING BUT NOT LIMITED TO ALL POWER HOUSES, AND ALL APPARATUS
AND ALL DEVICES FOR SIGNALING, COMMUNICATIONS AND VENTILATION AS MAY BE
NECESSARY, CONVENIENT OR DESIRABLE FOR THE OPERATION OF A TRANSPORTATION
FACILITY.
6. "FEDERAL GOVERNMENT" SHALL MEAN THE UNITED STATES OF AMERICA, AND
ANY OFFICER, DEPARTMENT, BOARD, COMMISSION, BUREAU, DIVISION, CORPO-
RATION, AGENCY OR INSTRUMENTALITY THEREOF.
7. "GAP" SHALL MEAN THE DIFFERENCE BETWEEN PROJECTED REVENUES AND
EXPENSES FOR ANY GIVEN FISCAL YEAR BASED ON THE EXISTING FARE STRUCTURE.
8. "GAP-CLOSING INITIATIVE" SHALL MEAN ANY ACTION TO REDUCE A PROJECT-
ED GAP.
9. "JOINT SERVICE ARRANGEMENTS" SHALL MEAN AGREEMENTS BETWEEN OR AMONG
THE AUTHORITY AND ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE,
ANY STATE AGENCY, THE FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR
INSTRUMENTALITY THEREOF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER
STATE, OR ANY POLITICAL SUBDIVISION OR MUNICIPALITY OF THE STATE, RELAT-
ING TO PROPERTY, BUILDINGS, STRUCTURES, FACILITIES, SERVICES, RATES,
FARES, CLASSIFICATIONS, DIVISIONS, ALLOWANCES OR CHARGES, INCLUDING
CHARGES BETWEEN OPERATORS OF RAILROAD, OMNIBUS, MARINE AND AVIATION
FACILITIES, OR RULES OR REGULATIONS PERTAINING THERETO, FOR OR IN
CONNECTION WITH OR INCIDENTAL TO TRANSPORTATION IN PART IN OR UPON RAIL-
ROAD, OMNIBUS, MARINE OR AVIATION FACILITIES LOCATED WITHIN THE DISTRICT
AND IN PART IN OR UPON RAILROAD, OMNIBUS, MARINE OR AVIATION FACILITIES
LOCATED OUTSIDE THE DISTRICT.
10. "MARINE AND AVIATION FACILITIES" SHALL MEAN EQUIPMENT AND CRAFT
FOR THE TRANSPORTATION OF PASSENGERS, MAIL AND CARGO BETWEEN POINTS
WITHIN THE DISTRICT OR PURSUANT TO JOINT SERVICE ARRANGEMENTS, BY MARINE
CRAFT AND AIRCRAFT OF ALL TYPES INCLUDING BUT NOT LIMITED TO HYDROFOILS,
FERRIES, LIGHTERS, TUGS, BARGES, HELICOPTERS, AMPHIBIANS, SEAPLANES OR
OTHER CONTRIVANCES NOW OR HEREAFTER USED IN NAVIGATION OR MOVEMENT ON
WATERWAYS OR IN THE NAVIGATION OF OR FLIGHT IN AIRSPACE. IT SHALL ALSO
MEAN ANY MARINE PORT OR AIRPORT FACILITY WITHIN THE TRANSPORTATION
DISTRICT BUT OUTSIDE THE PORT OF NEW YORK DISTRICT AS DEFINED IN CHAPTER
ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE,
INCLUDING BUT NOT LIMITED TO TERMINALS, DOCKS, PIERS, BULKHEADS, RAMPS
OR ANY FACILITY OR REAL PROPERTY NECESSARY, CONVENIENT OR DESIRABLE FOR
THE ACCOMMODATION OF PASSENGERS AND CARGO OR THE DOCKING, SAILING, LAND-
ING, TAKING OFF, ACCOMMODATION OR SERVICING OF SUCH MARINE CRAFT OR
AIRCRAFT.
11. "OMNIBUS FACILITIES" SHALL MEAN MOTOR VEHICLES, OF THE TYPE OPER-
ATED BY CARRIERS SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE
S. 5555 128
COMMISSION, ENGAGED IN THE TRANSPORTATION OF PASSENGERS AND THEIR
BAGGAGE, EXPRESS AND MAIL BETWEEN POINTS WITHIN THE DISTRICT OR PURSUANT
TO JOINT SERVICE ARRANGEMENTS, AND EQUIPMENT, PROPERTY, BUILDINGS,
STRUCTURES, IMPROVEMENTS, LOADING OR UNLOADING AREAS, PARKING AREAS OR
OTHER FACILITIES, NECESSARY, CONVENIENT OR DESIRABLE FOR THE ACCOMMO-
DATION OF SUCH MOTOR VEHICLES OR THEIR PASSENGERS, INCLUDING BUT NOT
LIMITED TO BUILDINGS, STRUCTURES AND AREAS NOTWITHSTANDING THAT PORTIONS
SHALL NOT BE DEVOTED TO ANY OMNIBUS PURPOSE OTHER THAN THE PRODUCTION OF
REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILITIES
OF THE AUTHORITY.
12. "RAILROAD FACILITIES" SHALL MEAN RIGHT OF WAY AND RELATED TRACK-
AGE, RAILS, CARS, LOCOMOTIVES, OTHER ROLLING STOCK, SIGNAL, POWER, FUEL,
COMMUNICATION AND VENTILATION SYSTEMS, POWER PLANTS, STATIONS, TERMI-
NALS, STORAGE YARDS, REPAIR AND MAINTENANCE SHOPS, YARDS, EQUIPMENT AND
PARTS, OFFICES AND OTHER REAL ESTATE OR PERSONAL PROPERTY USED OR HELD
FOR OR INCIDENTAL TO THE OPERATION, REHABILITATION OR IMPROVEMENT OF ANY
RAILROAD OPERATING OR TO OPERATE BETWEEN POINTS WITHIN THE DISTRICT OR
PURSUANT TO JOINT SERVICE ARRANGEMENTS, INCLUDING BUT NOT LIMITED TO
BUILDINGS, STRUCTURES, AND AREAS NOTWITHSTANDING THAT PORTIONS THEREOF
SHALL NOT BE DEVOTED TO ANY RAILROAD PURPOSE OTHER THAN THE PRODUCTION
OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY FACILI-
TIES OF THE AUTHORITY.
13. "REAL PROPERTY" SHALL MEAN LANDS, STRUCTURES, FRANCHISES AND
INTERESTS IN LAND, WATERS, LANDS UNDER WATER, RIPARIAN RIGHTS AND AIR
RIGHTS AND ANY AND ALL THINGS AND RIGHTS INCLUDED WITHIN SAID TERM AND
INCLUDES NOT ONLY FEES SIMPLE ABSOLUTE BUT ALSO ANY AND ALL LESSER
INTERESTS INCLUDING BUT NOT LIMITED TO EASEMENTS, RIGHTS OF WAY, USES,
LEASES, LICENSES AND ALL OTHER INCORPOREAL HEREDITAMENTS AND EVERY
ESTATE, INTEREST OR RIGHT, LEGAL OR EQUITABLE, INCLUDING TERMS FOR YEARS
AND LIENS THEREON BY WAY OF JUDGMENTS, MORTGAGES OR OTHERWISE.
14. "STATE" SHALL MEAN THE STATE OF NEW YORK.
15. "STATE AGENCY" SHALL MEAN ANY OFFICER, DEPARTMENT, BOARD, COMMIS-
SION, BUREAU, DIVISION, PUBLIC BENEFIT CORPORATION, AGENCY OR INSTRUMEN-
TALITY OF THE STATE.
16. "TRANSPORTATION FACILITY" SHALL MEAN ANY TRANSIT, RAILROAD, OMNI-
BUS, MARINE OR AVIATION FACILITY AND ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION OR, CORPORATION WHICH OWNS, LEASES OR OPERATES ANY SUCH
FACILITY OR ANY OTHER FACILITY USED FOR SERVICE IN THE TRANSPORTATION OF
PASSENGERS, UNITED STATES MAIL OR PERSONAL PROPERTY AS A COMMON CARRIER
FOR HIRE AND ANY PORTION THEREOF AND THE RIGHTS, LEASEHOLDS OR OTHER
INTEREST THEREIN TOGETHER WITH ROUTES, TRACKS, EXTENSIONS, CONNECTIONS,
PARKING LOTS, GARAGES, WAREHOUSES, YARDS, STORAGE YARDS, MAINTENANCE AND
REPAIR SHOPS, TERMINALS, STATIONS AND OTHER RELATED FACILITIES THEREOF,
THE DEVICES, APPURTENANCES, AND EQUIPMENT THEREOF AND POWER PLANTS AND
OTHER INSTRUMENTALITIES USED OR USEFUL THEREFOR OR IN CONNECTION THERE-
WITH.
17. "TRANSPORTATION DISTRICT" AND "DISTRICT" SHALL MEAN THE METROPOL-
ITAN COMMUTER TRANSPORTATION DISTRICT CREATED BY SECTION TWELVE HUNDRED
SIXTY-TWO OF THIS ARTICLE.
18. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY
SUPPORTS THE MISSIONS OR PURPOSES OF THE AUTHORITY, ANY OF ITS SUBSID-
IARIES, INCLUDING THE REALIZATION OF REVENUES DERIVED FROM PROPERTY THAT
IS, OR IS TO BE USED AS, A TRANSPORTATION FACILITY.
19. "NEW YORK CITY TRANSIT AUTHORITY" SHALL MEAN THE CORPORATION
CREATED BY SECTION TWELVE HUNDRED ONE OF THIS ARTICLE.
S. 5555 129
20. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY" SHALL MEAN THE CORPO-
RATION CREATED BY SECTION FIVE HUNDRED FIFTY-TWO OF THIS CHAPTER.
21. "INSPECTOR GENERAL" SHALL MEAN THE COMMUTER TRANSPORTATION AUTHOR-
ITY INSPECTOR GENERAL.
22. "REVENUES" SHALL MEAN ALL MONIES RECEIVED BY THE AUTHORITY OR ITS
SUBSIDIARIES FROM WHATEVER SOURCE, DERIVED DIRECTLY OR INDIRECTLY FROM
OR IN CONNECTION WITH THE OPERATIONS OF THE RESPECTIVE ENTITY EXCEPT FOR
ANY MONIES TRANSFERRED TO THE METROPOLITAN TRANSPORTATION AUTHORITY
PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-NINE-H OF THIS TITLE THAT IS
NOT RETURNED TO THE AUTHORITY PURSUANT TO PARAGRAPH (C) OF SUBDIVISION
TWO OF SECTION TWELVE HUNDRED SIXTY-SIX OF THIS CHAPTER.
23. "TRANSIT FACILITY" SHALL MEAN RAPID TRANSIT RAILROAD, OMNIBUS LINE
OR ANY OTHER FACILITY OR ANY RAILROAD USED FOR LOCAL SERVICE IN THE
TRANSPORTATION OF PASSENGERS AS COMMON CARRIERS FOR HIRE OR IN THE
TRANSPORTATION OF THE UNITED STATES MAIL OR PERSONAL PROPERTY, AND ANY
PORTION THEREOF AND THE RIGHTS, LEASEHOLDS OR OTHER INTERESTS THEREIN,
TOGETHER WITH THE DEVICES AND APPURTENANCES, FACILITIES AND EQUIPMENT
THEREOF AND POWER PLANTS AND OTHER INSTRUMENTALITIES USED OR USEFUL
THEREFOR OR IN CONNECTION THEREWITH.
24. "UTILIZATION" SHALL MEAN PUBLIC USAGE OF BUSES AND RAILROADS AS
REFLECTED IN EMPIRICAL DATA.
§ 1349-CCCC. COMMUTER TRANSPORTATION AUTHORITY. 1. (A) (I) THERE IS
HEREBY CREATED THE "COMMUTER TRANSPORTATION AUTHORITY". THE AUTHORITY
SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT
CORPORATION. THE AUTHORITY SHALL CONSIST OF A CHAIRPERSON, SEVEN OTHER
VOTING MEMBERS, AND FOUR NON-VOTING MEMBERS, AS DESCRIBED IN SUBPARA-
GRAPH (II) OF THIS PARAGRAPH, APPOINTED BY THE GOVERNOR AND WITH THE
ADVICE AND CONSENT OF THE SENATE. ANY MEMBER APPOINTED SHALL HAVE EXPE-
RIENCE IN ONE OR MORE OF THE FOLLOWING AREAS OF EXPERTISE: TRANSPORTA-
TION, PUBLIC ADMINISTRATION, BUSINESS MANAGEMENT, FINANCE, ACCOUNTING,
LAW, ENGINEERING, 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. EACH
VOTING MEMBER OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED AFTER
SELECTION FROM A WRITTEN LIST OF THREE RECOMMENDATIONS FROM THE CHIEF
EXECUTIVE OFFICER OF THE COUNTY IN WHICH SUCH 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 RESI-
DENT 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. 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 EFFEC-
TIVE DATE OF SUCH COUNTY'S WITHDRAWAL FROM SUCH DISTRICT. THE CHAIR-
PERSON AND EACH OF THE MEMBERS SHALL BE APPOINTED FOR A TERM OF SIX
YEARS. THE MEMBERS FROM THE COUNTIES OF DUTCHESS, ORANGE, PUTNAM AND
ROCKLAND SHALL CAST ONE COLLECTIVE VOTE.
(II) THERE SHALL BE FOUR NON-VOTING MEMBERS, AS REFERRED TO IN SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH. THE FIRST NON-VOTING MEMBER SHALL BE A
REGULAR USER OF THE FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO
THE GOVERNOR BY THE METRO-NORTH COMMUTER COUNCIL. THE SECOND 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
S. 5555 130
ROAD COMMUTER COUNCIL. THE THIRD 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 FOURTH NON-VOTING MEMBER
SHALL BE RECOMMENDED TO THE GOVERNOR BY THE LABOR ORGANIZATION REPRES-
ENTING THE MAJORITY OF EMPLOYEES OF THE METRO-NORTH COMMUTER RAILROAD
COMPANY. THE CHAIRPERSON OF THE AUTHORITY, AT THEIR DIRECTION, MAY
EXCLUDE SUCH 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 DISCUSS-
ING NEGOTIATIONS WITH LABOR ORGANIZATIONS.
(B) VACANCIES OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE
FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS FOR THE BALANCE OF
THE UNEXPIRED TERM.
2. THE CHAIRPERSON AND THE FIRST VICE CHAIRPERSON 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, INCLUD-
ING THE CHAIRPERSON AND THE FIRST VICE CHAIRPERSON, SHALL BE ENTITLED TO
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF HIS OR HER OFFICIAL DUTIES.
3. (A) A MAJORITY OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN
IN OFFICE SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS
OR THE EXERCISE OF ANY POWER OF THE AUTHORITY. EXCEPT AS OTHERWISE SPEC-
IFIED IN THIS TITLE, FOR THE TRANSACTION 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 AND EXCEPT FURTHER, THAT IN THE EVENT OF A TIE VOTE THE
CHAIRPERSON SHALL CAST ONE ADDITIONAL VOTE.
(B) FOR PURPOSES OF DETERMINING THE PRESENCE OF A QUORUM, AND FOR
PURPOSES OF PARTICIPATION ON ANY COMMITTEE OR SUBCOMMITTEE, THOSE
MEMBERS WHO COLLECTIVELY CAST A SINGLE VOTE PURSUANT TO THE PROVISIONS
OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL BE CONSIDERED
TO BE A SINGLE MEMBER, AND THE PRESENCE OF SUCH MEMBER SHALL BE DETER-
MINED AS PROVIDED IN THIS SUBDIVISION. EXCEPT AS OTHERWISE PROVIDED IN A
BY-LAW ADOPTED AS HEREINAFTER PROVIDED, SUCH SINGLE MEMBER CONSTITUTING
THOSE MEMBERS ENTITLED TO A COLLECTIVE VOTE SHALL BE DEEMED PRESENT AS A
SINGLE MEMBER FOR PURPOSES OF A QUORUM IF ONE OR MORE OF THE MEMBERS
THEN IN OFFICE ENTITLED TO CAST SUCH COLLECTIVE VOTE IS PRESENT, AND
SUCH COLLECTIVE VOTE SHALL BE CAST IN ACCORDANCE WITH THE MAJORITY
AGREEMENT OF THE MEMBERS ENTITLED TO A COLLECTIVE VOTE WHO ARE PRESENT
OR IN THE EVENT A SINGLE MEMBER ENTITLED TO A COLLECTIVE VOTE IS PRESENT
IT SHALL BE CAST BY THAT MEMBER. TO EVIDENCE THE EXISTENCE OF SUCH
MAJORITY AGREEMENT AMONG THE MEMBERS ENTITLED TO A COLLECTIVE VOTE, EACH
SUCH MEMBER SHALL BE POLLED AS TO HIS OR HER VOTE AND SUCH POLL SHALL BE
RECORDED IN THE MINUTES. IN THE EVENT A MAJORITY VOTE IS NOT ACHIEVED BY
THE MEMBERS ENTITLED TO A COLLECTIVE VOTE WHO ARE PRESENT, THEN THE VOTE
SHALL NOT BE CAST. NOTHING HEREIN SHALL LIMIT THE RIGHT OF AN INDIVIDUAL
MEMBER TO PARTICIPATE IN BOARD MEETINGS OR IN OTHER ACTIVITIES OF THE
AUTHORITY WHEN THE OTHER MEMBERS THEN IN OFFICE ENTITLED TO COLLECTIVELY
CAST A VOTE ARE NOT PRESENT. AT ANY MEETING OF THE AUTHORITY AT WHICH
THERE IS A QUORUM INCLUDING ALL THE MEMBERS THEN IN OFFICE ENTITLED TO
CAST A COLLECTIVE VOTE, THE AUTHORITY MAY ADOPT A BY-LAW OR BY-LAWS
REGULATING THE CASTING OF SUCH COLLECTIVE VOTE, PROVIDED ALL MEMBERS
THEN IN OFFICE ENTITLED TO CAST A COLLECTIVE VOTE AFFIRMATIVELY APPROVE
SUCH BY-LAW OR BY-LAWS. ANY ACTION TAKEN BY THE AUTHORITY IN ACCORDANCE
WITH ANY SUCH BY-LAW OR BY-LAWS ADOPTED PURSUANT TO THE PROVISIONS OF
THIS PARAGRAPH SHALL TAKE EFFECT IN THE SAME MANNER AS ANY OTHER ACTION
S. 5555 131
OF THE AUTHORITY. ANY SUCH BY-LAW OR BY-LAWS SHALL NOT PROVIDE FOR THE
CASTING OF ANY FRACTIONAL VOTE. NOR SHALL SUCH A BY-LAW OR BY-LAWS
PROVIDE FOR THE AMENDMENT, REPEAL OR ADOPTION IN THE FUTURE OF SUCH A
BY-LAW OR BY-LAWS IN A MANNER OTHER THAN THAT SET FORTH IN THIS PARA-
GRAPH.
(C) NO PROVISION OF PARAGRAPH (B) OF THIS SUBDIVISION RELATING TO THE
ADOPTION OF CERTAIN BY-LAWS BY THE AUTHORITY SHALL AFFECT THE MANNER IN
WHICH BY-LAWS OF THE AUTHORITY ARE ADOPTED CONCERNING ANY SUBJECT OTHER
THAN THE VOTING AND PRESENCE FOR QUORUM PURPOSES OF THE MEMBERS FROM THE
COUNTIES OF DUTCHESS, PUTNAM, ORANGE AND ROCKLAND.
4. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
CHAIRPERSON SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY AND
SHALL BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRA-
TIVE FUNCTIONS AND POWERS OF THE AUTHORITY. THE CHAIRPERSON 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 ADMINISTRA-
TIVE FUNCTIONS AND POWERS OF THE AUTHORITY.
(B) THE CHAIRPERSON SHALL ESTABLISH COMMITTEES TO ASSIST IN THE
PERFORMANCE OF THEIR DUTIES AND SHALL APPOINT MEMBERS OF THE AUTHORITY
TO SUCH COMMITTEES. AMONG SUCH COMMITTEES, THERE SHALL BE: (I) A COMMIT-
TEE ON OPERATIONS OF THE LONG ISLAND RAIL ROAD AND THE METROPOLITAN
SUBURBAN BUS AUTHORITY; (II) A COMMITTEE ON OPERATIONS OF THE METRO-
NORTH COMMUTER RAILROAD; (III) A COMMITTEE ON FINANCE; (IV) A COMMITTEE
ON CAPITAL PROGRAM OVERSIGHT; AND (V) A COMMITTEE ON SAFETY. THE COMMIT-
TEE ON CAPITAL PROGRAM OVERSIGHT SHALL INCLUDE NOT LESS THAN FOUR
MEMBERS, AND SHALL INCLUDE THE CHAIRPERSONS OF THE COMMITTEE ON OPER-
ATIONS OF THE LONG ISLAND RAIL ROAD AND THE METROPOLITAN SUBURBAN BUS
AUTHORITY, THE COMMITTEE ON OPERATIONS OF THE METRO-NORTH COMMUTER RAIL-
ROAD, 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: (I) CUSTOMERS; (II) EMPLOYEES; AND (III) 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; (II) MONITOR THE CONTRACT AWARDS OF THE
COMMUTER TRANSPORTATION AUTHORITY TO ENSURE 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 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; (VI) MONITOR THE EXPENDITURES INCURRED AND TO BE INCURRED
FOR EACH SUCH ELEMENT; AND (VII) IDENTIFY CAPITAL ELEMENTS NOT PROGRESS-
ING 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 ACTIV-
S. 5555 132
ITIES AND FINDINGS, AND SHALL IN CONNECTION WITH THE PREPARATION OF SUCH
QUARTERLY REPORT, CONSULT WITH THE DIVISION OF THE BUDGET, THE DEPART-
MENT OF TRANSPORTATION, THE GOVERNOR, 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 AUTHORI-
TY, TO THE GOVERNOR, AND THE DIRECTORS OF THE MUNICIPAL ASSISTANCE
CORPORATION FOR THE CITY OF NEW YORK.
(C) THE 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 CHAIRPERSON SHALL NOT PARTICIPATE IN ESTABLISH-
ING AUTHORITY POLICIES REGARDING THE PAYMENT OF SALARY, COMPENSATION AND
REIMBURSEMENT TO, NOR ESTABLISH RULES FOR THE TIME AND ATTENDANCE OF,
THE CHIEF EXECUTIVE OFFICER. THE SALARY OF THE CHAIRPERSON, AS DETER-
MINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, SHALL ALSO BE COMPEN-
SATION FOR ALL SERVICES PERFORMED AS CHIEF EXECUTIVE OFFICER.
5. THE AUTHORITY SHALL BE A "STATE AGENCY" FOR THE PURPOSES OF
SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
6. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF THIS OR ANY OTHER
LAW, GENERAL, SPECIAL OR LOCAL, NO OFFICER OR EMPLOYEE OF THE STATE, OR
OF ANY PUBLIC CORPORATION, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL
FORFEIT HIS OR HER OFFICE OR EMPLOYMENT OR ANY BENEFITS PROVIDED UNDER
THE RETIREMENT AND SOCIAL SECURITY LAW OR UNDER ANY PUBLIC RETIREMENT
SYSTEM MAINTAINED BY THE STATE BY REASON OF THEIR ACCEPTANCE OF MEMBER-
SHIP ON OR CHAIRPERSONSHIP OF THE AUTHORITY; PROVIDED, HOWEVER, A MEMBER
OR CHAIRPERSON WHO HOLDS SUCH OTHER PUBLIC OFFICE OR EMPLOYMENT SHALL
RECEIVE NO ADDITIONAL COMPENSATION FOR SERVICES RENDERED PURSUANT TO
THIS TITLE, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF SUCH SERVICES.
7. THE GOVERNOR MAY REMOVE ANY MEMBER FOR INEFFICIENCY, NEGLECT OF
DUTY, BREACH OF FIDUCIARY DUTY OR MISCONDUCT IN OFFICE AFTER GIVING THE
MEMBER A COPY OF THE CHARGES AGAINST THE MEMBER AND AN OPPORTUNITY TO BE
HEARD, IN PERSON OR BY COUNSEL IN THE MEMBER'S DEFENSE, UPON NOT LESS
THAN TEN DAYS' NOTICE. IF ANY MEMBER SHALL BE SO REMOVED, THE GOVERNOR
SHALL FILE IN THE OFFICE OF THE DEPARTMENT OF STATE A COMPLETE STATEMENT
OF CHARGES MADE AGAINST SUCH MEMBER, AND HIS OR HER FINDINGS THEREON,
TOGETHER WITH A COMPLETE RECORD OF THE PROCEEDINGS.
8. THE AUTHORITY SHALL CONTINUE SO LONG AS IT SHALL HAVE BONDS OR
OTHER OBLIGATIONS OUTSTANDING AND UNTIL ITS EXISTENCE SHALL BE TERMI-
NATED BY LAW. UPON THE TERMINATION OF THE EXISTENCE OF THE AUTHORITY,
ALL ITS RIGHTS AND PROPERTIES SHALL PASS TO AND BE VESTED IN THE STATE.
9. WHENEVER THE AUTHORITY CAUSES NOTICES OF HEARINGS ON PROPOSED
CHANGES IN SERVICES OR FARES TO BE POSTED PURSUANT TO THIS SECTION OR
ANY STATUTE, REGULATION, OR AUTHORITY POLICY, OR WHERE IT VOLUNTARILY
POSTS SUCH NOTICES, SUCH NOTICES SHALL: (A) BE WRITTEN IN A CLEAR AND
COHERENT MANNER USING WORDS WITH COMMON AND EVERY DAY MEANING; (B) BE
CAPTIONED IN LARGE POINT TYPE BOLD LETTERING WITH A TITLE THAT FAIRLY
AND ACCURATELY CONVEYS THE BASIC NATURE OF SUCH CHANGE OR CHANGES; (C)
WHERE SUCH CHANGE INVOLVES A PROPOSED CHANGE IN LEVELS OF FARE, INCLUDE
IN ITS TITLE THE RANGE OF AMOUNTS OF FARE CHANGES UNDER CONSIDERATION;
(D) CONTAIN, TO THE EXTENT PRACTICABLE, A CONCISE DESCRIPTION OF THE
SPECIFIC NATURE OF THE CHANGE OR CHANGES, INCLUDING BUT NOT LIMITED TO A
S. 5555 133
CONCISE DESCRIPTION OF THOSE CHANGES THAT AFFECT THE LARGEST NUMBER OF
PASSENGERS; (E) WHERE SUCH CHANGE INVOLVES A CHANGE IN THE NATURE OF A
ROUTE, CONTAIN, TO THE EXTENT PRACTICABLE, A CLEAR GRAPHIC ILLUSTRATION
OF SUCH CHANGE OR CHANGES; AND (F) WHERE SUCH CHANGE INVOLVES A PARTIAL
OR COMPLETE STATION CLOSING, SUCH NOTICE SHALL BE POSTED AT THE AFFECTED
STATION WITH A CLEAR GRAPHIC ILLUSTRATION DEPICTING THE NATURE OF ANY
CLOSING FOR SUCH STATION.
§ 1349-DDDD. PURPOSES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHOR-
ITY SHALL BE THE CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF
COMMUTER TRANSPORTATION AND OTHER SERVICES RELATED THERETO WITHIN THE
METROPOLITAN COMMUTER TRANSPORTATION DISTRICT, EXCEPT WITHIN THE CITY OF
NEW YORK, INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAILROAD,
OMNIBUS, MARINE AND AIR, IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE, IN AN EFFICIENT AND COST-EFFECTIVE MANNER THAT INCLUDES THE USE
OF DESIGN-BUILD CONTRACTING ON ALL APPROPRIATE PROJECTS.
2. IT IS HEREBY FOUND AND DECLARED THAT SUCH PURPOSES ARE IN ALL
RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE STATE OF NEW YORK AND THE
AUTHORITY SHALL BE REGARDED AS PERFORMING AN ESSENTIAL GOVERNMENTAL
FUNCTION IN CARRYING OUT ITS PURPOSES AND IN EXERCISING THE POWERS
GRANTED BY THIS TITLE.
§ 1349-EEEE. STATE OF EMERGENCY; BOARDING OF A COMMUTER TRANSPORTATION
BY DOMESTIC COMPANION ANIMALS. 1. FOR THE PURPOSES OF THIS SECTION:
(A) "COMMUTER TRANSPORTATION" MEANS COMMUTER TRANSPORTATION, AND OTHER
RELATED SERVICES AND FACILITIES, OPERATED BY THE AUTHORITY OR ANY OF ITS
SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO SUCH TRANSPORTATION BY RAIL-
ROAD, OMNIBUS, MARINE AND AIR, IN ACCORDANCE WITH THIS TITLE.
(B) "DOMESTIC COMPANION ANIMAL" MEANS A COMPANION ANIMAL OR PET AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS
LAW AND SHALL ALSO MEAN ANY OTHER DOMESTICATED ANIMAL NORMALLY MAIN-
TAINED IN OR NEAR THE HOUSEHOLD OF THE OWNER OR PERSON WHO CARES FOR
SUCH OTHER DOMESTICATED ANIMAL. "DOMESTIC COMPANION ANIMAL" SHALL NOT
INCLUDE A "FARM ANIMAL", AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE AGRICULTURE AND MARKETS LAW.
2. (A) IN THE EVENT THAT A STATE OF EMERGENCY HAS BEEN DECLARED AND AN
EVACUATION OF ANY REGION OF THE STATE IS IN PROGRESS, THE OWNER OF A
DOMESTIC COMPANION ANIMAL SHALL BE PERMITTED TO BOARD ANY COMMUTER
TRANSPORTATION WITH SUCH DOMESTIC COMPANION ANIMAL SO LONG AS THAT
ANIMAL IS UNDER THE OWNER'S CONTROL BY USE OF A LEASH OR TETHER, OR IS
PROPERLY CONFINED IN AN APPROPRIATE CONTAINER OR BY OTHER SUITABLE
MEANS, PROVIDED THAT SUCH BOARDING IS AUTHORIZED BY AND CONSISTENT WITH
THE PROVISIONS OF STATE DISASTER EMERGENCY PLANS OR LOCAL STATE OF EMER-
GENCY PLANS PERTAINING TO THE NEEDS OF ANIMALS AND INDIVIDUALS WITH AN
ANIMAL UNDER THEIR CARE. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY
TO THE OWNERS OF DOMESTIC COMPANION ANIMALS WHO ARE EVACUATING FROM A
REGION OF THE STATE AFFECTED BY AN EMERGENCY OR DISASTER, OR A LOCAL
STATE OF EMERGENCY, AS DEFINED IN SECTION TWENTY-FOUR OF THE EXECUTIVE
LAW.
(B) A DOMESTIC COMPANION ANIMAL MAY BE REFUSED PERMISSION TO BOARD ANY
COMMUTER TRANSPORTATION, EVEN IF THE ANIMAL IS UNDER THE OWNER'S CONTROL
OR PROPERLY CONFINED IN ACCORDANCE WITH THIS SUBDIVISION IF THERE IS
REASONABLE CAUSE TO BELIEVE THAT, DUE TO ATTENDANT CIRCUMSTANCES,
PERMITTING THE ANIMAL TO BOARD WOULD POSE A HEALTH OR SAFETY HAZARD.
3. ALL PASSENGERS WITH SERVICE ANIMALS SHALL BE GIVEN PRIORITY SEATING
ON ALL MEANS OF TRANSPORTATION REGULATED BY THIS TITLE IN ACCORDANCE
WITH THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF 1990", 42 U.S.C.
S.12101 ET SEQ. FOR THE PURPOSES OF THIS SECTION, "SERVICE ANIMAL" SHALL
S. 5555 134
HAVE THE SAME MEANING AS SET FORTH IN THE FEDERAL "AMERICANS WITH DISA-
BILITIES ACT OF 1990", 42 U.S.C. S.12101 ET SEQ. AND ANY REGULATIONS
UNDER SUCH ACT.
4. ALL PASSENGERS ON ANY COMMUTER TRANSPORTATION SHALL BE PROVIDED
SEATING BEFORE A DOMESTIC COMPANION ANIMAL MAY BE PLACED IN A SEAT.
5. THE AUTHORITY IS AUTHORIZED AND DIRECTED TO PROMULGATE AND ENFORCE
SUCH RULES AND REGULATIONS AS SHALL BE NECESSARY FOR THE IMPLEMENTATION
OF THIS SECTION.
§ 1349-FFFF. GENERAL POWERS OF THE AUTHORITY. EXCEPT AS OTHERWISE
LIMITED BY THIS TITLE, THE AUTHORITY SHALL HAVE POWER:
1. TO SUE AND BE SUED;
2. TO HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
3. TO BORROW MONEY, TO ISSUE NEGOTIABLE NOTES, BONDS OR OTHER OBLI-
GATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF, AND TO
FINANCE OR REFINANCE ALL OR ANY PART OF THE COSTS TO THE AUTHORITY OR TO
ANY OTHER PERSON OR ENTITY, PUBLIC OR PRIVATE, OF THE PLANNING, DESIGN,
ACQUISITION, CONSTRUCTION, IMPROVEMENT, RECONSTRUCTION OR REHABILITATION
OF ANY TRANSPORTATION FACILITY;
4. TO INVEST ANY FUNDS, ACCOUNTS OR OTHER MONIES NOT REQUIRED FOR
IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE AUTHORITY, IN:
(A) OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT;
(B) OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY
THE STATE OR THE UNITED STATES GOVERNMENT;
(C) CERTIFICATES OF DEPOSIT OF BANKS OR TRUST COMPANIES IN THIS STATE,
SECURED, IF THE AUTHORITY SHALL SO REQUIRE, BY OBLIGATIONS OF THE UNITED
STATES OR OF THE STATE OF NEW YORK OF A MARKET VALUE EQUAL AT ALL TIMES
TO THE AMOUNT OF THE DEPOSIT;
(D) BANKER'S ACCEPTANCES WITH A MATURITY OF NINETY DAYS OR LESS WHICH
ARE ELIGIBLE FOR PURCHASE BY THE FEDERAL RESERVE BANKS AND WHOSE RATING
AT THE TIME OF PURCHASE IS IN THE HIGHEST RATING CATEGORY OF TWO
NATIONALLY RECOGNIZED INDEPENDENT RATING AGENCIES, PROVIDED, HOWEVER,
THAT THE AMOUNT OF BANKER'S ACCEPTANCES OF ANY ONE BANK SHALL NOT EXCEED
TWO HUNDRED FIFTY MILLION DOLLARS;
(E) OBLIGATIONS OF ANY BANK OR CORPORATION CREATED UNDER THE LAWS OF
EITHER THE UNITED STATES OR ANY STATE OF THE UNITED STATES MATURING
WITHIN TWO HUNDRED SEVENTY DAYS, PROVIDED THAT SUCH OBLIGATIONS RECEIVE
THE HIGHEST RATING OF TWO NATIONALLY RECOGNIZED INDEPENDENT RATING AGEN-
CIES AND, PROVIDED FURTHER, THAT NO MORE THAN TWO HUNDRED FIFTY MILLION
DOLLARS MAY BE INVESTED IN SUCH OBLIGATIONS OF ANY ONE BANK OR CORPO-
RATION;
(F) AS TO ANY SUCH MONEYS HELD IN RESERVE AND SINKING FUNDS, OTHER
SECURITIES IN WHICH THE TRUSTEE OR TRUSTEES OF ANY PUBLIC RETIREMENT
SYSTEM OR PENSION FUND HAS THE POWER TO INVEST THE MONIES THEREOF PURSU-
ANT TO ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY LAW, EACH
SUCH RESERVE AND SINKING FUND BEING TREATED AS A SEPARATE FUND FOR THE
PURPOSES OF ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY LAW;
(G) NOTES, BONDS, DEBENTURES, MORTGAGES AND OTHER EVIDENCES OF INDEBT-
EDNESS, ISSUED OR GUARANTEED AT THE TIME OF THE INVESTMENT BY THE UNITED
STATES POSTAL SERVICE, THE FEDERAL NATIONAL MORTGAGE ASSOCIATION, THE
FEDERAL HOME LOAN MORTGAGE CORPORATION, THE STUDENT LOAN MARKETING ASSO-
CIATION, THE FEDERAL FARM CREDIT SYSTEM, OR ANY OTHER UNITED STATES
GOVERNMENT SPONSORED AGENCY, PROVIDED THAT AT THE TIME OF THE INVESTMENT
SUCH AGENCY OR ITS OBLIGATIONS ARE RATED AND THE AGENCY RECEIVES, OR ITS
OBLIGATIONS RECEIVE, THE HIGHEST RATING OF ALL INDEPENDENT RATING AGEN-
CIES THAT RATE SUCH AGENCY OR ITS OBLIGATIONS, PROVIDED, HOWEVER, THAT
NO MORE THAN TWO HUNDRED FIFTY MILLION DOLLARS OR SUCH GREATER AMOUNT AS
S. 5555 135
MAY BE AUTHORIZED FOR INVESTMENT BY THE STATE COMPTROLLER BY SECTION
NINETY-EIGHT OF THE STATE FINANCE LAW MAY BE INVESTED IN THE OBLIGATIONS
OF ANY ONE AGENCY;
(H) GENERAL OBLIGATION BONDS AND NOTES OF ANY STATE OTHER THAN THE
STATE, PROVIDED THAT SUCH BONDS AND NOTES RECEIVE THE HIGHEST RATING OF
AT LEAST ONE INDEPENDENT RATING AGENCY, AND BONDS AND NOTES OF ANY COUN-
TY, TOWN, CITY, VILLAGE, FIRE DISTRICT OR SCHOOL DISTRICT OF THE STATE,
PROVIDED THAT SUCH BONDS AND NOTES RECEIVE EITHER OF THE TWO HIGHEST
RATINGS OF AT LEAST TWO INDEPENDENT RATING AGENCIES;
(I) MUTUAL FUNDS REGISTERED WITH THE UNITED STATES SECURITIES AND
EXCHANGE COMMISSION WHOSE INVESTMENTS ARE LIMITED TO OBLIGATIONS OF THE
STATE DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, OBLIGATIONS THE
PRINCIPAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE DESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION, AND THOSE SECURITIES DESCRIBED IN
PARAGRAPH (H) OF THIS SUBDIVISION AND THAT HAVE RECEIVED THE HIGHEST
RATING OF AT LEAST ONE INDEPENDENT RATING AGENCY, PROVIDED THAT THE
AGGREGATE AMOUNT INVESTED AT ANY ONE TIME IN ALL SUCH MUTUAL FUNDS SHALL
NOT EXCEED TEN MILLION DOLLARS, AND, PROVIDED FURTHER, THAT THE AUTHORI-
TY SHALL NOT INVEST SUCH FUNDS, ACCOUNTS OR OTHER MONIES IN ANY MUTUAL
FUND FOR LONGER THAN THIRTY DAYS; AND
(J) FINANCIAL CONTRACTS IN A FOREIGN CURRENCY ENTERED INTO FOR THE
PURPOSE OF MINIMIZING THE FOREIGN CURRENCY EXCHANGE RISK OF THE PURCHASE
PRICE OF A CONTRACT WITH A VENDOR CHOSEN THROUGH COMPETITIVE PROCESS FOR
THE ACQUISITION OF CAPITAL ASSETS FOR THE BENEFIT OF THE TRANSPORTATION
CAPITAL PROGRAM;
5. TO MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT, AND RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND
THE FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
6. (A) TO ENTER INTO CONTRACTS AND LEASES AND TO EXECUTE ALL INSTRU-
MENTS NECESSARY OR CONVENIENT;
(B) WITH RESPECT TO ANY LEASE TRANSACTION ENTERED INTO PURSUANT TO
SECTION 168(F)(8) OF THE UNITED STATES INTERNAL REVENUE CODE OR ANY
SUCCESSOR PROVISIONS, THE AUTHORITY SHALL MEET THE FOLLOWING STANDARDS
AND PROCEDURES:
(I) NOTICE OF INTENTION TO NEGOTIATE SHALL BE PUBLISHED IN AT LEAST
ONE NEWSPAPER OF GENERAL CIRCULATION, AND A COPY THEREOF SHALL BE MAILED
TO ALL PARTIES WHO HAVE REQUESTED NOTIFICATION FROM THE AUTHORITY TO
ENGAGE IN TRANSACTIONS OF THIS TYPE. SUCH NOTICE SHALL DESCRIBE THE
NATURE OF THE PROPOSED TRANSACTION AND THE FACTORS SUBJECT TO NEGOTI-
ATION, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PRICE TO BE PAID
TO THE AUTHORITY;
(II) THE AUTHORITY SHALL NEGOTIATE WITH THOSE RESPONDENTS WHOSE
RESPONSE COMPLIES WITH THE REQUIREMENTS SET FORTH IN THE NOTICE; AND
(III) THE BOARD OF THE AUTHORITY SHALL RESOLVE ON THE BASIS OF PARTI-
CULARIZED FINDINGS RELEVANT TO THE FACTORS NEGOTIATED THAT SUCH TRANS-
ACTION WILL PROVIDE MAXIMUM AVAILABLE FINANCIAL BENEFITS, CONSISTENT
WITH OTHER DEFINED OBJECTIVES AND REQUIREMENTS;
(C) THE AUTHORITY SHALL PROVIDE TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF
THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY NOTICE OF EACH LEASE
ENTERED INTO PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND SUPPORT-
ING DOCUMENTATION OF COMPLIANCE BY THE AUTHORITY WITH SUBPARAGRAPHS (I),
(II) AND (III) OF PARAGRAPH (B) OF THIS SUBDIVISION;
7. TO ACQUIRE, HOLD AND DISPOSE OF REAL OR PERSONAL PROPERTY IN THE
EXERCISE OF ITS POWERS;
S. 5555 136
8. TO APPOINT SUCH OFFICERS AND EMPLOYEES AS IT MAY REQUIRE FOR THE
PERFORMANCE OF ITS DUTIES, AND TO FIX AND DETERMINE THEIR QUALIFICA-
TIONS, DUTIES, AND COMPENSATION AND TO RETAIN OR EMPLOY COUNSEL, AUDI-
TORS, ENGINEERS AND PRIVATE CONSULTANTS ON A CONTRACT BASIS OR OTHERWISE
FOR RENDERING PROFESSIONAL OR TECHNICAL SERVICES AND ADVICE;
9. (A) NOTWITHSTANDING SECTION ONE HUNDRED THIRTEEN OF THE RETIREMENT
AND SOCIAL SECURITY LAW OR ANY OTHER GENERAL OR SPECIAL LAW, THE AUTHOR-
ITY AND ANY OF ITS SUBSIDIARY CORPORATIONS MAY CONTINUE OR PROVIDE TO
ITS AFFECTED OFFICERS AND EMPLOYEES ANY RETIREMENT, DISABILITY, DEATH OR
OTHER BENEFITS PROVIDED OR REQUIRED FOR RAILROAD PERSONNEL PURSUANT TO
FEDERAL OR STATE LAW;
(B) THE AUTHORITY AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPO-
RATIONS MAY BE A PARTICIPATING EMPLOYER IN THE NEW YORK STATE EMPLOYEES'
RETIREMENT SYSTEM WITH RESPECT TO ONE OR MORE CLASSES OF OFFICERS AND
EMPLOYEES OF SUCH AUTHORITY OR ANY SUCH PUBLIC BENEFIT SUBSIDIARY CORPO-
RATION, AS MAY BE PROVIDED BY RESOLUTION OF SUCH AUTHORITY OR ANY SUCH
PUBLIC BENEFIT SUBSIDIARY CORPORATION, AS THE CASE MAY BE, OR ANY SUBSE-
QUENT AMENDMENT THEREOF, FILED WITH THE COMPTROLLER AND ACCEPTED BY HIM
OR HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL SECU-
RITY LAW. IN TAKING ANY ACTION PURSUANT TO THIS PARAGRAPH, THE AUTHORITY
AND ANY OF ITS PUBLIC BENEFIT SUBSIDIARY CORPORATIONS SHALL CONSIDER THE
COVERAGES AND BENEFITS CONTINUED OR PROVIDED PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION;
10. TO MAKE PLANS, SURVEYS, AND STUDIES NECESSARY, CONVENIENT OR
DESIRABLE TO THE EFFECTUATION OF THE PURPOSES AND POWERS OF THE AUTHORI-
TY AND TO PREPARE RECOMMENDATIONS IN REGARD THERETO;
11. TO ENTER UPON SUCH LANDS, WATERS OR PREMISES AS IN THE JUDGMENT OF
THE AUTHORITY MAY BE NECESSARY, CONVENIENT OR DESIRABLE FOR THE PURPOSE
OF MAKING SURVEYS, SOUNDINGS, BORINGS AND EXAMINATIONS TO ACCOMPLISH ANY
PURPOSE AUTHORIZED BY THIS TITLE. THE AUTHORITY SHALL BE LIABLE FOR
ACTUAL DAMAGE DONE DUE TO THE ENTERING UPON SUCH LANDS, WATERS OR PREM-
ISES AND ANY ACTIVITIES TAKEN THEREON;
12. THE AUTHORITY MAY CONDUCT INVESTIGATIONS AND HEARINGS IN THE
FURTHERANCE OF ITS GENERAL PURPOSES, AND IN AID THEREOF HAVE ACCESS TO
ANY BOOKS, RECORDS OR PAPERS RELEVANT THERETO. IF ANY PERSON WHOSE
TESTIMONY SHALL BE REQUIRED FOR THE PROPER PERFORMANCE OF THE DUTIES OF
THE AUTHORITY SHALL FAIL OR REFUSE TO AID OR ASSIST THE AUTHORITY IN THE
CONDUCT OF ANY INVESTIGATION OR HEARING, OR TO PRODUCE ANY RELEVANT
BOOKS, RECORDS OR OTHER PAPERS, THE AUTHORITY IS AUTHORIZED TO APPLY FOR
PROCESS OF SUBPOENA, TO ISSUE OUT OF ANY COURT OF GENERAL ORIGINAL
JURISDICTION WHOSE PROCESS CAN REACH SUCH PERSON, UPON DUE CAUSE SHOWN;
13. A COPY OF ANY REPORT SUBMITTED BY THE AUTHORITY PURSUANT TO
SECTIONS TWENTY-EIGHT HUNDRED, TWENTY-EIGHT HUNDRED ONE AND TWENTY-EIGHT
HUNDRED TWO OF THIS CHAPTER SHALL BE FORWARDED TO THE MAYOR OF THE CITY
OF NEW YORK AND TO THE CHAIRPERSON OF THE BOARD OF SUPERVISORS AND TO
THE COUNTY EXECUTIVE, IF ANY, OF EACH COUNTY WITHIN THE DISTRICT; AND
14. TO DO ALL THINGS NECESSARY, CONVENIENT OR DESIRABLE TO CARRY OUT
ITS PURPOSES AND FOR THE EXERCISE OF THE POWERS GRANTED IN THIS TITLE.
§ 1349-GGGG. CONTRACTS. 1. THE PROVISIONS OF THIS SECTION SHALL NOT
APPLY TO:
(A) THE AWARD OF ANY CONTRACT OF THE AUTHORITY IF THE BID DOCUMENTS
FOR SUCH CONTRACT SO PROVIDE AND SUCH BID DOCUMENTS ARE ISSUED WITHIN
SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION; OR
(B) FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE
OF THIS SECTION, THE AWARD OF ANY CONTRACT FOR WHICH AN INVITATION TO
BID, SOLICITATION, REQUEST FOR PROPOSAL, OR ANY SIMILAR DOCUMENT HAS
S. 5555 137
BEEN ISSUED BY THE AUTHORITY PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION.
2. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ALL PURCHASE
CONTRACTS FOR SUPPLIES, MATERIALS OR EQUIPMENT INVOLVING AN ESTIMATED
EXPENDITURE IN EXCESS OF ONE MILLION DOLLARS AND ALL CONTRACTS FOR
PUBLIC WORK INVOLVING AN ESTIMATED EXPENDITURE IN EXCESS OF ONE MILLION
DOLLARS SHALL BE AWARDED BY THE AUTHORITY TO THE LOWEST RESPONSIBLE
BIDDER AFTER OBTAINING SEALED BIDS IN THE MANNER HEREINAFTER SET FORTH.
FOR PURPOSES HEREOF, CONTRACTS FOR PUBLIC WORK SHALL EXCLUDE CONTRACTS
FOR PERSONAL, ENGINEERING AND ARCHITECTURAL, OR PROFESSIONAL SERVICES.
THE AUTHORITY MAY REJECT ALL BIDS AND OBTAIN NEW BIDS IN THE MANNER
PROVIDED BY THIS SECTION WHEN IT IS DEEMED IN THE PUBLIC INTEREST TO DO
SO OR, IN CASES WHERE TWO OR MORE RESPONSIBLE BIDDERS SUBMIT IDENTICAL
BIDS WHICH ARE THE LOWEST BIDS, AWARD THE CONTRACT TO ANY OF SUCH
BIDDERS OR OBTAIN NEW BIDS FROM SUCH BIDDERS. NOTHING IN THIS PARAGRAPH
SHALL OBLIGATE THE AUTHORITY TO SEEK NEW BIDS AFTER THE REJECTION OF
BIDS OR AFTER CANCELLATION OF AN INVITATION TO BID. NOTHING IN THIS
SECTION SHALL PROHIBIT THE EVALUATION OF BIDS ON THE BASIS OF COSTS OR
SAVINGS INCLUDING LIFE CYCLE COSTS OF THE ITEM TO BE PURCHASED,
DISCOUNTS, AND INSPECTION SERVICES SO LONG AS THE INVITATION TO BID
REASONABLY SETS FORTH THE CRITERIA TO BE USED IN EVALUATING SUCH COSTS
OR SAVINGS. LIFE CYCLE COSTS MAY INCLUDE BUT SHALL NOT BE LIMITED TO
COSTS OR SAVINGS ASSOCIATED WITH INSTALLATION, ENERGY USE, MAINTENANCE,
OPERATION AND SALVAGE OR DISPOSAL.
(B) SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL
APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND,
IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE,
PROVIDED: (I) THAT A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED
AMOUNT OF ONE MILLION DOLLARS OR LESS SHALL NOT REQUIRE APPROVAL BY THE
BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH
THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A CONTRACT FOR
SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE MILLION DOLLARS OR
MORE SHALL REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF
THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES ARE RENDERED UNLESS
SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER
OBTAINING SEALED BIDS; AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOL-
UTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL
BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTI-
FIED PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY
OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT
ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED ONE MILLION
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL. THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL
BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A
FORMAL COMPETITIVE PROCESS.
(C)(I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
VISION, THE AUTHORITY SHALL ESTABLISH GUIDELINES GOVERNING THE QUALI-
FICATIONS OF BIDDERS ENTERING INTO CONTRACTS FOR ITS PROJECT TO BRING
THE LONG ISLAND RAIL ROAD INTO GRAND CENTRAL TERMINAL, REFERRED TO AS
THE "EAST SIDE ACCESS PROJECT" FOR THE PURPOSES OF THIS SECTION. THE
BIDDING MAY BE RESTRICTED TO THOSE WHO HAVE QUALIFIED PRIOR TO THE
RECEIPT OF BIDS ACCORDING TO STANDARDS FIXED BY THE AUTHORITY; PROVIDED,
HOWEVER, THAT THE AWARD OF CONTRACTS SHALL, TO THE EXTENT NOT INCONSIST-
ENT WITH THIS PARAGRAPH, BE IN ACCORDANCE WITH PARAGRAPH (A) OF THIS
SUBDIVISION.
S. 5555 138
(II) IN DETERMINING WHETHER A PROSPECTIVE BIDDER QUALIFIES FOR THE
INCLUSION ON A LIST OF PREQUALIFIED BIDDERS FOR THE EAST SIDE ACCESS
PROJECT, THE AUTHORITY SHALL CONSIDER: (A) THE EXPERIENCE AND PAST
PERFORMANCE OF THE PROSPECTIVE BIDDER; (B) THE PROSPECTIVE BIDDER'S
ABILITY TO UNDERTAKE WORK, INCLUDING BUT NOT LIMITED TO WHETHER IT
PARTICIPATES IN STATE APPROVED APPRENTICESHIP PROGRAMS AND WHETHER IT
UTILIZES EMPLOYEES WHO ARE REPRESENTED BY LABOR ORGANIZATIONS; (C) THE
FINANCIAL CAPABILITY AND RESPONSIBILITY OF THE PROSPECTIVE BIDDER; AND
(D) THE RECORDS OF THE PROSPECTIVE BIDDER IN COMPLYING WITH EXISTING
LABOR STANDARDS. THE AUTHORITY MAY ALSO CONSIDER SUCH OTHER FACTORS AS
IT DEEMS APPROPRIATE.
3. (A) ADVERTISEMENT FOR BIDS, WHEN REQUIRED BY THIS SECTION, SHALL BE
PUBLISHED AT LEAST ONCE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
AREA SERVED BY THE AUTHORITY AND IN THE PROCUREMENT OPPORTUNITIES NEWS-
LETTER PUBLISHED PURSUANT TO ARTICLE FOUR-C OF THE ECONOMIC DEVELOPMENT
LAW PROVIDED THAT, NOTWITHSTANDING THE PROVISIONS OF ARTICLE FOUR-C OF
THE ECONOMIC DEVELOPMENT LAW, AN ADVERTISEMENT SHALL ONLY BE REQUIRED
FOR A PURCHASE CONTRACT FOR SUPPLIES, MATERIALS OR EQUIPMENT WHEN
REQUIRED BY THIS SECTION. PUBLICATION IN A NEWSPAPER OF GENERAL CIRCU-
LATION IN THE AREA SERVED OR IN THE PROCUREMENT OPPORTUNITIES NEWSLETTER
SHALL NOT BE REQUIRED IF BIDS FOR CONTRACTS FOR SUPPLIES, MATERIALS OR
EQUIPMENT ARE OF A TYPE REGULARLY PURCHASED BY THE AUTHORITY AND ARE TO
BE SOLICITED FROM A LIST OF POTENTIAL SUPPLIERS, IF SUCH LIST IS OR HAS
BEEN DEVELOPED CONSISTENT WITH THE PROVISIONS OF SUBDIVISION SIX OF THIS
SECTION. ANY SUCH ADVERTISEMENT SHALL CONTAIN A STATEMENT OF: (I) THE
TIME AND PLACE WHERE BIDS RECEIVED PURSUANT TO ANY NOTICE REQUESTING
SEALED BIDS WILL BE PUBLICLY OPENED AND READ; (II) THE NAME OF THE
CONTRACTING AGENCY; (III) THE CONTRACT IDENTIFICATION NUMBER; (IV) A
BRIEF DESCRIPTION OF THE PUBLIC WORK, SUPPLIES, MATERIALS, OR EQUIPMENT
SOUGHT, THE LOCATION WHERE WORK IS TO BE PERFORMED, GOODS ARE TO BE
DELIVERED OR SERVICES PROVIDED AND THE CONTRACT TERM; (V) THE ADDRESS
WHERE BIDS OR PROPOSALS ARE TO BE SUBMITTED; (VI) THE DATE WHEN BIDS OR
PROPOSALS ARE DUE; (VII) A DESCRIPTION OF ANY ELIGIBILITY OR QUALIFICA-
TION REQUIREMENT OR PREFERENCE; (VIII) A STATEMENT AS TO WHETHER THE
CONTRACT REQUIREMENTS MAY BE FULFILLED BY A SUBCONTRACTING, JOINT
VENTURE, OR CO-PRODUCTION ARRANGEMENT; (IX) ANY OTHER INFORMATION DEEMED
USEFUL TO POTENTIAL CONTRACTORS; AND (X) THE NAME, ADDRESS, AND TELE-
PHONE NUMBER OF THE PERSON TO BE CONTACTED FOR ADDITIONAL INFORMATION.
AT LEAST FIFTEEN BUSINESS DAYS SHALL ELAPSE BETWEEN THE FIRST PUBLICA-
TION OF SUCH ADVERTISEMENT OR THE SOLICITATION OF BIDS, AS THE CASE MAY
BE, AND THE DATE OF OPENING AND READING OF BIDS.
(B) THE AUTHORITY MAY DESIGNATE ANY OFFICER OR EMPLOYEE TO OPEN THE
BIDS AT THE TIME AND PLACE BIDS ARE TO BE OPENED AND MAY DESIGNATE AN
OFFICER TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER. SUCH
DESIGNEE SHALL MAKE A RECORD OF ALL BIDS IN SUCH FORM AND DETAIL AS THE
AUTHORITY SHALL PRESCRIBE. ALL BIDS RECEIVED SHALL BE PUBLICLY OPENED
AND READ AT THE TIME AND PLACE SPECIFIED IN THE ADVERTISEMENT OR AT THE
TIME OF SOLICITATION, OR TO WHICH THE OPENING AND READING HAVE BEEN
ADJOURNED BY THE AUTHORITY. ALL BIDDERS SHALL BE NOTIFIED OF THE TIME
AND PLACE OF ANY SUCH ADJOURNMENT.
4. NOTWITHSTANDING THE FOREGOING, THE AUTHORITY MAY, BY RESOLUTION
APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN OFFICE, OR BY A
MAJORITY VOTE OF ITS MEMBERS WITH RESPECT TO CONTRACTS PROPOSED TO BE
LET PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION DECLARE THAT COMPET-
ITIVE BIDDING IS IMPRACTICAL OR INAPPROPRIATE BECAUSE OF THE EXISTENCE
OF ANY OF THE CIRCUMSTANCES HEREINAFTER SET FORTH AND THEREAFTER THE
S. 5555 139
AUTHORITY MAY PROCEED TO AWARD CONTRACTS WITHOUT COMPLYING WITH THE
REQUIREMENTS OF SUBDIVISION TWO OR THREE OF THIS SECTION. IN EACH CASE
WHERE THE AUTHORITY DECLARES COMPETITIVE BIDDING IMPRACTICAL OR INAPPRO-
PRIATE, IT SHALL STATE THE REASON THEREFOR IN WRITING AND SUMMARIZE ANY
NEGOTIATIONS THAT HAVE BEEN CONDUCTED. EXCEPT FOR CONTRACTS AWARDED
PURSUANT TO PARAGRAPHS (A), (B), (C) AND (E) OF THIS SUBDIVISION, THE
AUTHORITY SHALL NOT AWARD ANY CONTRACT PURSUANT TO THIS SUBDIVISION
EARLIER THAN THIRTY DAYS FROM THE DATE ON WHICH THE AUTHORITY DECLARES
THAT COMPETITIVE BIDDING IS IMPRACTICAL OR INAPPROPRIATE. COMPETITIVE
BIDDING MAY ONLY BE DECLARED IMPRACTICAL OR INAPPROPRIATE WHERE:
(A) THE EXISTENCE OF AN EMERGENCY INVOLVING DANGER TO LIFE, SAFETY OR
PROPERTY REQUIRES IMMEDIATE ACTION AND CANNOT AWAIT COMPETITIVE BIDDING
OR THE ITEM TO BE PURCHASED IS ESSENTIAL TO EFFICIENT OPERATION OR THE
ADEQUATE PROVISION OF SERVICE AND AS A CONSEQUENCE OF AN UNFORESEEN
CIRCUMSTANCE SUCH PURCHASE CANNOT AWAIT COMPETITIVE BIDDING;
(B) THE ITEM TO BE PURCHASED IS AVAILABLE ONLY FROM A SINGLE RESPONSI-
BLE SOURCE, PROVIDED THAT IF BIDS HAVE NOT BEEN SOLICITED FOR SUCH ITEM
PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITHIN THE PRECEDING TWELVE
MONTHS, PUBLIC NOTICE SHALL FIRST BE GIVEN PURSUANT TO SUBDIVISION THREE
OF THIS SECTION;
(C) THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR ONLY A SINGLE RESPON-
SIVE BID IN RESPONSE TO AN INVITATION FOR COMPETITIVE BIDS;
(D) THE AUTHORITY WISHES TO EXPERIMENT WITH OR TEST A PRODUCT OR TECH-
NOLOGY OR NEW SOURCE FOR SUCH PRODUCT OR TECHNOLOGY OR EVALUATE THE
SERVICE OR RELIABILITY OF SUCH PRODUCT OR TECHNOLOGY;
(E) THE ITEM IS AVAILABLE THROUGH AN EXISTING CONTRACT BETWEEN A
VENDOR AND: (I) ANOTHER PUBLIC AUTHORITY PROVIDED THAT SUCH OTHER
AUTHORITY UTILIZED A PROCESS OF COMPETITIVE BIDDING OR A PROCESS OF
COMPETITIVE REQUESTS FOR PROPOSALS TO AWARD SUCH CONTRACTS; (II) NASSAU
COUNTY; (III) THE STATE OF NEW YORK; OR (IV) THE CITY OF NEW YORK,
PROVIDED THAT IN ANY CASE WHEN UNDER THIS PARAGRAPH THE AUTHORITY DETER-
MINES THAT OBTAINING SUCH ITEM THEREBY WOULD BE IN THE PUBLIC INTEREST
AND SETS FORTH THE REASONS FOR SUCH DETERMINATION. THE AUTHORITY SHALL
ACCEPT SOLE RESPONSIBILITY FOR ANY PAYMENT DUE THE VENDOR AS A RESULT OF
THE AUTHORITY'S ORDER; OR
(F) THE AUTHORITY DETERMINES THAT IT IS IN THE PUBLIC INTEREST TO
AWARD CONTRACTS PURSUANT TO A PROCESS FOR COMPETITIVE REQUESTS FOR
PROPOSALS AS HEREINAFTER SET FORTH. FOR PURPOSES OF THIS SECTION, A
PROCESS FOR COMPETITIVE REQUESTS FOR PROPOSALS SHALL MEAN A METHOD OF
SOLICITING PROPOSALS AND AWARDING A CONTRACT ON THE BASIS OF A FORMAL
EVALUATION OF THE CHARACTERISTICS, SUCH AS QUALITY, COST, DELIVERY SCHE-
DULE AND FINANCING OF SUCH PROPOSALS AGAINST STATED SELECTION CRITERIA.
PUBLIC NOTICE OF THE REQUESTS FOR PROPOSALS SHALL BE GIVEN IN THE SAME
MANNER AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION AND SHALL
INCLUDE THE SELECTION CRITERIA. IN THE EVENT THE AUTHORITY MAKES A MATE-
RIAL CHANGE IN THE SELECTION CRITERIA FROM THOSE PREVIOUSLY STATED IN
THE NOTICE, IT WILL INFORM ALL PROPOSERS OF SUCH CHANGE AND PERMIT
PROPOSERS TO MODIFY THEIR PROPOSALS;
(I) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY
AFTER A RESOLUTION APPROVED BY A TWO-THIRDS VOTE OF ITS MEMBERS THEN IN
OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH SUCH RESOLUTION: (A)
DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF THEIR PROPOSALS; (B)
SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE OPPORTUNITIES, IF ANY,
AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY THEIR PROPOSALS; AND (C)
SETTING FORTH THE CRITERIA UPON WHICH THE SELECTION WAS MADE.
S. 5555 140
(II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE: (A) NEGOTI-
ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE
REQUEST FOR PROPOSALS; OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
(G) THE AUTHORITY ISSUES A COMPETITIVE REQUEST FOR PROPOSALS PURSUANT
TO THE PROCEDURES OF PARAGRAPH (F) OF THIS SUBDIVISION FOR THE PURCHASE
OR REHABILITATION OF RAIL CARS AND OMNIBUSES. ANY SUCH REQUEST MAY
INCLUDE AMONG THE STATED SELECTION CRITERIA THE PERFORMANCE OF ALL OR A
PORTION OF THE CONTRACT AT SITES WITHIN THE STATE OF NEW YORK OR THE USE
OF GOODS PRODUCED OR SERVICES PROVIDED WITHIN THE STATE OF NEW YORK,
PROVIDED HOWEVER THAT IN NO EVENT SHALL THE AUTHORITY AWARD A CONTRACT
TO A MANUFACTURER WHOSE FINAL OFFER, AS EXPRESSED IN UNIT COST IS MORE
THAN TEN PERCENT HIGHER THAN THE UNIT COST OF ANY QUALIFIED COMPETING
FINAL OFFER, IF THE SOLE BASIS FOR SUCH AWARD IS THAT THE HIGHER PRICED
OFFER INCLUDES MORE FAVORABLE PROVISION FOR THE PERFORMANCE OF THE
CONTRACT WITHIN THE STATE OF NEW YORK OR THE USE OF GOODS PRODUCED OR
SERVICES PROVIDED WITHIN THE STATE OF NEW YORK, AND FURTHER PROVIDED
THAT THE AUTHORITY'S DISCRETION TO AWARD A CONTRACT TO ANY MANUFACTURER
SHALL NOT BE SO LIMITED IF A BASIS FOR SUCH AWARD, AS DETERMINED BY THE
AUTHORITY, IS SUPERIOR FINANCING, DELIVERY SCHEDULE, LIFE CYCLE, RELI-
ABILITY, OR ANY OTHER FACTOR THE AUTHORITY DEEMS RELEVANT TO ITS OPER-
ATIONS;
(I) THE AUTHORITY MAY AWARD A CONTRACT PURSUANT TO THIS PARAGRAPH ONLY
AFTER A RESOLUTION APPROVED BY A VOTE OF NOT LESS THAN A TWO-THIRDS VOTE
OF ITS MEMBERS THEN IN OFFICE AT A PUBLIC MEETING OF THE AUTHORITY WITH
SUCH RESOLUTION; (A) DISCLOSING THE OTHER PROPOSERS AND THE SUBSTANCE OF
THEIR PROPOSALS; (B) SUMMARIZING THE NEGOTIATION PROCESS INCLUDING THE
OPPORTUNITIES, IF ANY, AVAILABLE TO PROPOSERS TO PRESENT AND MODIFY
THEIR PROPOSALS; AND (C) SETTING FORTH THE CRITERIA UPON WHICH THE
SELECTION WAS MADE.
(II) NOTHING IN THIS PARAGRAPH SHALL REQUIRE OR PRECLUDE: (A) NEGOTI-
ATIONS WITH ANY PROPOSERS FOLLOWING THE RECEIPT OF RESPONSES TO THE
REQUEST FOR PROPOSALS; OR (B) THE REJECTION OF ANY OR ALL PROPOSALS AT
ANY TIME. UPON THE REJECTION OF ALL PROPOSALS, THE AUTHORITY MAY SOLICIT
NEW PROPOSALS OR BIDS IN ANY MANNER PRESCRIBED IN THIS SECTION.
5. UPON THE ADOPTION OF A RESOLUTION BY THE AUTHORITY STATING, FOR
REASONS OF EFFICIENCY, ECONOMY, COMPATIBILITY OR MAINTENANCE RELIABIL-
ITY, THAT THERE IS A NEED FOR STANDARDIZATION, THE AUTHORITY MAY ESTAB-
LISH PROCEDURES WHEREBY PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT ARE
IDENTIFIED ON A QUALIFIED PRODUCTS LIST. SUCH PROCEDURES SHALL PROVIDE
FOR PRODUCTS OR VENDORS TO BE ADDED TO OR DELETED FROM SUCH LIST AND
SHALL INCLUDE PROVISIONS FOR PUBLIC ADVERTISEMENT OF THE MANNER IN WHICH
SUCH LISTS ARE COMPILED. THE AUTHORITY SHALL REVIEW SUCH LIST NO LESS
THAN TWICE A YEAR FOR THE PURPOSE OF MAKING SUCH MODIFICATIONS.
CONTRACTS FOR PARTICULAR SUPPLIES, MATERIALS OR EQUIPMENT IDENTIFIED ON
A QUALIFIED PRODUCTS LIST MAY BE AWARDED BY THE AUTHORITY TO THE LOWEST
RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS IN ACCORDANCE WITH THIS
SECTION OR WITHOUT COMPETITIVE SEALED BIDS IN INSTANCES WHEN THE ITEM IS
AVAILABLE FROM ONLY A SINGLE SOURCE, EXCEPT THAT THE AUTHORITY MAY
DISPENSE WITH ADVERTISING PROVIDED THAT IT MAILS COPIES OF THE INVITA-
TION TO BID TO ALL VENDORS OF THE PARTICULAR ITEM ON THE QUALIFIED
PRODUCTS LIST.
6. THE AUTHORITY SHALL COMPILE A LIST OF POTENTIAL SOURCES OF
SUPPLIES, MATERIALS OR EQUIPMENT REGULARLY PURCHASED. THE AUTHORITY
SHALL, BY RESOLUTION, SET FORTH THE PROCEDURES IT HAS ESTABLISHED TO
S. 5555 141
IDENTIFY NEW SOURCES AND TO NOTIFY SUCH NEW SOURCES OF THE OPPORTUNITY
TO BID FOR CONTRACTS FOR THE PURCHASE OF SUPPLIES, MATERIALS OR EQUIP-
MENT. SUCH PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) ADVER-
TISING IN TRADE JOURNALS; (B) COOPERATION WITH FEDERAL, STATE AND LOCAL
AGENCIES WITHIN ITS AREA OF OPERATIONS; (C) PUBLICATION IN THE STATE
REGISTER QUARTERLY; AND (D) PROCEDURES ESTABLISHED PURSUANT TO SUBDIVI-
SION THIRTEEN OF SECTION THIRTEEN HUNDRED FORTY-NINE-J OF THIS ARTICLE.
7. THE PROVISIONS OF THIS SECTION SHALL NOT SUPERSEDE ANY OTHER
PROVISIONS OF LAW RELATIVE TO PURCHASES OF PRODUCTS OR DEVICES MANUFAC-
TURED OR PROVIDED BY THE BLIND OR OTHER SEVERELY HANDICAPPED PERSONS, TO
THE INVITATION AND ACCEPTANCE OF BIDS FROM SMALL OR MINORITY BUSINESS
ENTERPRISES OR TO THE PURCHASES OF SUPPLIES, MATERIALS OR EQUIPMENT
THROUGH THE OFFICE OF GENERAL SERVICES. EXCEPT AS MAY OTHERWISE BE
PROVIDED BY LAW OR AS MORE RESTRICTIVELY DEFINED IN THE OFFICIAL POLICY
OR BID SPECIFICATIONS OF THE AUTHORITY, THE TERM "SMALL BUSINESS" MEANS
A SMALL BUSINESS OR SIMILAR TERM, UNDER FEDERAL REGULATIONS APPLICABLE
TO PROJECTS OF THE AUTHORITY WHICH ARE FEDERALLY ASSISTED.
8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF
GOODS, MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER THEIR
BID IS THE CURRENT LOW BID AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE
THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL
NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT
HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
9. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY PROCUREMENT
MADE BY ANY OTHER PUBLIC ENTITY NOT OTHERWISE REQUIRED BY LAW TO AWARD
CONTRACTS FOR SUCH PURCHASES TO THE LOWEST RESPONSIBLE BIDDER IF SUCH
PURCHASES ARE MADE AT THE SOLE COST AND EXPENSE OF SUCH ENTITY.
10. (A) WHENEVER THE COMPTROLLER PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED SEVENTY-NINE-A OF THIS CHAPTER INTENDS TO REQUIRE SUPERVISION IN
THE FORM OF PRIOR REVIEW AND APPROVAL OF A CONTRACT OR CONTRACT AMEND-
MENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THEN SUCH
CONTRACT OR CONTRACT AMENDMENT SHALL BE SUBMITTED TO THE COMPTROLLER BY
THE AUTHORITY FOR APPROVAL AND SHALL NOT BE A VALID ENFORCEABLE CONTRACT
UNLESS IT SHALL FIRST HAVE BEEN APPROVED BY THE COMPTROLLER BUT ONLY IF
THE COMPTROLLER HAS NOTIFIED THE AUTHORITY OF SUCH DETERMINATION WITHIN
THIRTY DAYS OF HAVING RECEIVED WRITTEN NOTICE OF SUCH CONTRACT OR
CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT OR ANY
REVISED REPORT.
(B) IF THE COMPTROLLER HAS TIMELY NOTIFIED THE AUTHORITY AS PROVIDED
IN PARAGRAPH (A) OF THIS SUBDIVISION THAT ANY CONTRACT OR CONTRACT
AMENDMENT SHALL BE SUBJECT TO COMPTROLLER PRIOR REVIEW AND APPROVAL, AND
SUCH CONTRACT OR CONTRACT AMENDMENT HAS BEEN SUBMITTED TO THE COMP-
TROLLER, IT SHALL BECOME VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF
THE COMPTROLLER HAS NOT APPROVED OR DISAPPROVED IT WITHIN THIRTY DAYS OF
SUBMISSION TO THE COMPTROLLER.
11. THE AWARD OF CONSTRUCTION CONTRACTS BY THE AUTHORITY SHALL NOT BE
SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED ONE OF THE GENERAL
MUNICIPAL LAW.
§ 1349-HHHH. COMMUTER TRANSPORTATION AUTHORITY SMALL BUSINESS MENTOR-
ING PROGRAM. 1. AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
OTHERWISE:
(A) "AUTHORITY" MEANS COMMUTER TRANSPORTATION AUTHORITY AND ITS
SUBSIDIARIES;
(B) "CHAIRPERSON" MEANS THE CHAIRPERSON OF THE AUTHORITY AND ITS
SUBSIDIARIES AND AFFILIATES;
S. 5555 142
(C) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES
WHICH: (I) IS INDEPENDENTLY OWNED AND OPERATED; (II) HAS ANNUAL REVENUES
NOT EXCEEDING A FISCAL LIMITATION OF FIVE MILLION DOLLARS OR SUCH LESSER
AMOUNT AS ESTABLISHED BY THE AUTHORITY PURSUANT TO THESE PROVISIONS; AND
(III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY THE CHAIR-
PERSON IN CONSULTATION WITH THE MEMBERS OF THE COMMUTER TRANSPORTATION
SMALL BUSINESS MENTORING PROGRAM ADVISORY COMMITTEE. THE CHAIR OF THE
COMMITTEE SHALL BE THE CHIEF DIVERSITY OFFICER OF THE AUTHORITY. THE
AUTHORITY SHALL ESTABLISH A DETAILED DEFINITION IN GENERAL AND SPECIFIC
TO DIFFERENT SEGMENTS OF THE CONSTRUCTION INDUSTRY TO THE EXTENT NECES-
SARY TO REFLECT DIFFERING CHARACTERISTICS OF SUCH SEGMENTS BASED ON THE
CRITERIA USED BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION FOR
LOANS TO SMALL BUSINESSES AS SET FORTH IN SECTIONS 121.301 THROUGH
121.305, OR FOR AWARDING GOVERNMENT PROCUREMENTS AS SET FORTH IN
SECTIONS 121.401 THROUGH 121.413, OF SUBPART A OF PART 121 OF CHAPTER I
OF TITLE 13 OF THE CODE OF FEDERAL REGULATIONS AS AMENDED, AND SUCH
OTHER CRITERIA AS DETERMINED BY THE AUTHORITY;
(D) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
AUTHORITY PURSUANT TO THESE PROVISIONS TO PROVIDE SMALL BUSINESSES
ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
(I) FOR UP TO FOUR YEARS, TO COMPETE FOR AND, WHERE AWARDED, TO
PERFORM CERTAIN AUTHORITY PUBLIC WORK CONTRACTS TO BE DESIGNATED BY THE
AUTHORITY FOR INCLUSION IN THIS PROGRAM UNDER THIS SUBPARAGRAPH, WITH
THE ASSISTANCE OF AN AUTHORITY-PROVIDED MENTOR, WHICH SHALL BE A FIRM
COMPETITIVELY SELECTED BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION
MANAGEMENT AND MENTORING EXPERIENCE, WITH THE MENTOR TO PROVIDE THE
SMALL BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND MANAGING
AUTHORITY PUBLIC WORK CONTRACTS; AND
(II) FOR A SMALL BUSINESS MENTORING PROGRAM PARTICIPANT WHICH THE
AUTHORITY HAS DETERMINED HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS: (A)
ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER DESIGNATED SMALL BUSI-
NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
FOR INCLUSION UNDER THIS SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM
SUCH AUTHORITY PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF AN
AUTHORITY-PROVIDED MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND MENTOR-
ING EXPERIENCE, WITH THE MENTOR TO PROVIDE THE SMALL BUSINESS WITH
ADVICE AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING AUTHORITY
PUBLIC WORK CONTRACTS; AND (B) AUTHORITY-PROVIDED ASSISTANCE, AS DETER-
MINED BY THE AUTHORITY, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING FOR
PUBLIC WORK CONTRACTS THAT ARE COMPETITIVELY AWARDED PURSUANT TO
PROVISIONS OF LAW OTHER THAN THIS SECTION;
(E) "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A NON-FEDERALLY
FUNDED AUTHORITY PUBLIC WORK CONTRACT DESIGNATED BY THE AUTHORITY, IN AN
ESTIMATED AMOUNT OF NOT MORE THAN ONE MILLION DOLLARS FOR CONTRACTS
UNDER SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION AND THREE
MILLION DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (D)
OF THIS SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE INVITED AND
ACCEPTED ONLY FROM BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS
MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR
THE CONTRACT.
2. (A) PURSUANT TO THESE PROVISIONS, THE AUTHORITY MAY ESTABLISH A
SMALL BUSINESS MENTORING PROGRAM. IN CONNECTION THEREWITH, THE AUTHORITY
MAY DETERMINE THE CRITERIA PURSUANT TO WHICH A SMALL BUSINESS SHALL BE
ELIGIBLE FOR AND SELECTED TO PARTICIPATE IN THE PROGRAM UNDER SUBPARA-
S. 5555 143
GRAPHS (I) AND (II) OF PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION,
THE NUMBER OF PARTICIPANTS TO PARTICIPATE IN EACH SUCH COMPONENTS OF THE
PROGRAM, THE CRITERIA FOR THE COMPETITIVE SELECTION OF THE FIRMS THAT
WILL PROVIDE SMALL BUSINESSES WITH MENTORING SERVICES, THE ASSIGNMENT OF
A MENTOR TO A SPECIFIC SMALL BUSINESS IN THE SMALL BUSINESS MENTORING
PROGRAM, AND THE FUNDING FOR THE PROGRAM.
(B) UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE CHAIRPERSON OR THE
CHAIRPERSON'S DESIGNEE IS AUTHORIZED, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW:
(I) TO DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL BE SMALL
BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
(II) TO ESTABLISH STANDARDS FOR QUALIFYING SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS MENTORING PROGRAM
CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
THE PROGRAM SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
(III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
ING PROGRAM CONTRACT SHOULD BE RESTRICTED TO SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS OR PROPOSALS,
HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
(IV) TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
VISION OF THE AUTHORITY, WILL PROVIDE MENTORING SERVICES TO THE SMALL
BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
ASSIGN SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES PARTICIPAT-
ING IN THE PROGRAM;
(V) FOR SMALL BUSINESS MENTORING PROGRAM CONTRACTS, EXCEPT AS SET
FORTH HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF A
PUBLIC WORK CONTRACT PURSUANT TO SECTIONS THIRTEEN HUNDRED FORTY-NINE-
GGGG AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER AND ANY OTHER
PROVISION OF LAW;
(VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
HAVE BEEN AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS TO OBTAIN
ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN CONNECTION
WITH SUCH CONTRACT ONLY NOTWITHSTANDING ANY PROVISION OF SECTION TWO
THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
(VII) FOR SMALL BUSINESSES THAT HAVE BEEN ACCEPTED INTO THE SMALL
BUSINESS MENTORING PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO THE BENEFITS OF SUCH
PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
NICAL ASSISTANCE IN OBTAINING BIDS, PAYMENT AND PERFORMANCE BONDING FOR
AUTHORITY PUBLIC WORK CONTRACTS THAT ARE NOT SMALL BUSINESS MENTORING
PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
3. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION AND ARE CONSIDERED
CAPABLE OF MEETING THE SPECIFICATIONS AND TERMS OF THE INVITATION TO
COMPETE IS LESS THAN THREE, OR IF THE CHAIRPERSON OR THE CHAIRPERSON'S
DESIGNEE DETERMINES THAT ACCEPTANCE OF THE BEST OFFER WILL RESULT IN THE
PAYMENT OF AN UNREASONABLE PRICE, THE AUTHORITY MAY REJECT ALL OFFERS
AND WITHDRAW THE DESIGNATION OF THE CONTRACT AS A SMALL BUSINESS MENTOR-
ING PROGRAM CONTRACT.
(B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION OF CONTRACT AS A SMALL
BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT MADE OFFERS
SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE SAME OR REWRIT-
TEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED AS A SMALL BUSINESS
MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT PERIOD.
S. 5555 144
4. A MENTOR SHALL PROVIDE SERVICES AND ASSISTANCE TO A SMALL BUSINESS
AS DESIGNATED BY THE AUTHORITY, WHICH MAY INCLUDE THE FOLLOWING:
(A) PROVIDE BUSINESS TRAINING IN THE SKILLS NECESSARY TO OPERATE A
SUCCESSFUL CONSTRUCTION BUSINESS AND TO COMPETE FOR AND PERFORM A PUBLIC
WORK CONTRACT;
(B) PROVIDE TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
OUTCOME IF THE SMALL BUSINESS COMPETES FOR BUT IS NOT AWARDED A
CONTRACT;
(C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
(D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
5. THE AUTHORITY MAY DELEGATE TO THE CHAIRPERSON OR THE CHAIRPERSON'S
DESIGNEE THE AUTHORITY'S RESPONSIBILITIES SET FORTH HEREIN.
6. THE SMALL BUSINESS MENTORING PROGRAM CONTRACTS AUTHORIZED BY THIS
LEGISLATION SHALL, FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN AGGRE-
GATE AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL NOT EXCEED
ONE HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS TO
BE SET BY THE CHAIRPERSON.
§ 1349-IIII. SPECIAL POWERS OF THE AUTHORITY. IN ORDER TO EFFECTUATE
THE PURPOSES OF THIS TITLE:
1. THE AUTHORITY MAY ACQUIRE, BY PURCHASE, GIFT, GRANT, TRANSFER,
CONTRACT OR LEASE, ANY TRANSPORTATION FACILITY OTHER THAN A TRANSIT
FACILITY WHOLLY OR PARTIALLY WITHIN THE METROPOLITAN COMMUTER TRANSPOR-
TATION DISTRICT, OR ANY PART THEREOF, OR THE USE THEREOF, AND MAY ENTER
INTO ANY JOINT SERVICE ARRANGEMENTS AS HEREINAFTER PROVIDED. ANY SUCH
ACQUISITION OR JOINT SERVICE ARRANGEMENT SHALL BE AUTHORIZED ONLY BY
RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE OF
THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT
IN THE EVENT OF A TIE VOTE THE CHAIRPERSON SHALL CAST ONE ADDITIONAL
VOTE.
2. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY MAY
DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ITSELF PLAN, DESIGN,
ACQUIRE, ESTABLISH, CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE,
IMPROVE, EXTEND, REHABILITATE OR REPAIR ANY TRANSPORTATION FACILITY
OTHER THAN A TRANSIT PROJECT, OR MAY PROVIDE FOR SUCH PLANNING, DESIGN,
ACQUISITION, ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION, MAIN-
TENANCE, RENOVATION, IMPROVEMENT, EXTENSION, REHABILITATION OR REPAIR BY
CONTRACT, LEASE OR OTHER ARRANGEMENT ON SUCH TERMS AS THE AUTHORITY MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE WITH ANY PERSON, INCLUDING BUT
NOT LIMITED TO ANY COMMON CARRIER OR FREIGHT FORWARDER, THE STATE, ANY
STATE AGENCY, THE FEDERAL GOVERNMENT, ANY OTHER STATE OR AGENCY OR
INSTRUMENTALITY THEREOF, ANY PUBLIC AUTHORITY OF THIS OR ANY OTHER
STATE, THE PORT OF NEW YORK AUTHORITY OR ANY POLITICAL SUBDIVISION OR
MUNICIPALITY OF THE STATE. IN CONNECTION WITH THE OPERATION OF ANY
TRANSPORTATION FACILITY, THE AUTHORITY MAY PLAN, DESIGN, ACQUIRE, ESTAB-
LISH, CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE,
EXTEND OR REPAIR OR MAY PROVIDE BY CONTRACT, LEASE OR OTHER ARRANGEMENT
FOR THE PLANNING, DESIGN, ACQUISITION, ESTABLISHMENT, CONSTRUCTION,
EFFECTUATION, OPERATION, MAINTENANCE, RENOVATION, IMPROVEMENT, EXTENSION
OR REPAIR OF ANY RELATED SERVICES AND ACTIVITIES IT DEEMS NECESSARY,
CONVENIENT OR DESIRABLE, INCLUDING BUT NOT LIMITED TO THE TRANSPORTATION
AND STORAGE OF FREIGHT AND THE UNITED STATES MAIL, FEEDER AND CONNECTING
TRANSPORTATION, PARKING AREAS, TRANSPORTATION CENTERS, STATIONS AND
RELATED FACILITIES.
S. 5555 145
3. (A) EXCEPT AS DIRECTED IN PARAGRAPH (C) OF THIS SUBDIVISION, THE
AUTHORITY MAY ESTABLISH, LEVY AND COLLECT OR CAUSE TO BE ESTABLISHED,
LEVIED AND COLLECTED AND, IN THE CASE OF A JOINT SERVICE ARRANGEMENT,
JOIN WITH OTHERS IN THE ESTABLISHMENT, LEVY AND COLLECTION OF SUCH
FARES, TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES AS IT MAY DEEM
NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY THE AUTHORITY
OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
OR OTHER ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE
AUTHORITY. ANY SUCH FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES
FOR THE TRANSPORTATION OF PASSENGERS SHALL BE ESTABLISHED AND CHANGED
ONLY IF APPROVED BY RESOLUTION OF THE AUTHORITY ADOPTED BY NOT LESS THAN
A MAJORITY VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN
OFFICE, WITH THE CHAIRPERSON HAVING ONE ADDITIONAL VOTE IN THE EVENT OF
A TIE VOTE, AND ONLY AFTER A PUBLIC HEARING, PROVIDED HOWEVER, THAT
FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES FOR THE TRANSPORTA-
TION OF PASSENGERS ON ANY TRANSPORTATION FACILITY WHICH ARE IN EFFECT AT
THE TIME THAT THE THEN OWNER OF SUCH TRANSPORTATION FACILITY BECOMES A
SUBSIDIARY CORPORATION OF THE AUTHORITY OR AT THE TIME THAT OPERATION OF
SUCH TRANSPORTATION FACILITY IS COMMENCED BY THE AUTHORITY OR IS
COMMENCED UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT, INCLUDING JOINT
SERVICE ARRANGEMENTS, WITH THE AUTHORITY MAY BE CONTINUED IN EFFECT
WITHOUT SUCH A HEARING. SUCH FARES, TOLLS, RENTALS, RATES, CHARGES AND
OTHER FEES SHALL BE ESTABLISHED AS MAY IN THE JUDGMENT OF THE AUTHORITY
BE NECESSARY TO MAINTAIN THE COMBINED OPERATIONS OF THE AUTHORITY AND
ITS SUBSIDIARY CORPORATIONS ON A SELF-SUSTAINING BASIS. THE SAID OPER-
ATIONS SHALL BE DEEMED TO BE ON A SELF-SUSTAINING BASIS AS REQUIRED BY
THIS TITLE, WHEN THE AUTHORITY IS ABLE TO PAY OR CAUSE TO BE PAID FROM
REVENUE AND ANY OTHER FUNDS OR PROPERTY ACTUALLY AVAILABLE TO THE
AUTHORITY AND ITS SUBSIDIARY CORPORATIONS: (I) AS THE SAME SHALL BECOME
DUE, THE PRINCIPAL OF AND INTEREST ON THE BONDS AND NOTES AND OTHER
OBLIGATIONS OF THE AUTHORITY AND ITS SUBSIDIARIES AND THE METROPOLITAN
TRANSPORTATION AUTHORITY, TOGETHER WITH THE MAINTENANCE OF PROPER
RESERVES THEREFOR; (II) THE COST AND EXPENSE OF KEEPING THE PROPERTIES
AND ASSETS OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS IN GOOD
CONDITION AND REPAIR; AND (III) THE CAPITAL AND OPERATING EXPENSES OF
THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS. THE AUTHORITY MAY
CONTRACT WITH THE HOLDERS OF BONDS AND NOTES WITH RESPECT TO THE EXER-
CISE OF THE POWERS AUTHORIZED BY THIS SECTION. NO ACTS OR ACTIVITIES
TAKEN OR PROPOSED TO BE TAKEN BY THE AUTHORITY OR ANY SUBSIDIARY OF THE
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE DEEMED
TO BE "ACTIONS" FOR THE PURPOSES OR WITHIN THE MEANING OF ARTICLE EIGHT
OF THE ENVIRONMENTAL CONSERVATION LAW.
(B) ALL FARES, TOLLS, RENTALS, RATES, CHARGES, AND OTHER FEES ESTAB-
LISHED, LEVIED, AND COLLECTED OR CAUSED TO BE ESTABLISHED, LEVIED, AND
COLLECTED, SHALL FIRST BE TRANSFERRED TO THE METROPOLITAN TRANSPORTATION
AUTHORITY IN ORDER TO MAINTAIN THE METROPOLITAN TRANSPORTATION AUTHORITY
ON A SELF-SUSTAINING BASIS UNLESS ALREADY PLEDGED TO SECURE, AND NECES-
SARY TO SATISFY THE DEBT SERVICE OR RESERVE REQUIREMENTS OF, BONDS,
NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY PRIOR TO JANUARY FIRST, TWO
THOUSAND TWENTY-TWO.
(C) IN THE EVENT THAT THE MONTHLY REVENUES OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY FALL BELOW ONE HUNDRED TWENTY-FIVE PERCENT OF THE
AMOUNT NECESSARY TO MAINTAIN THE OPERATIONS OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY ON A SELF-SUSTAINING BASIS, AS DEFINED BY SECTION
TWELVE HUNDRED SIXTY-SIX OF THIS ARTICLE, THE AUTHORITY SHALL, AT THE
S. 5555 146
DIRECTION OF THE METROPOLITAN TRANSPORTATION AUTHORITY, ESTABLISH, LEVY
AND COLLECT OR CAUSE TO BE ESTABLISHED, LEVIED AND COLLECTED, IN THE
CASE OF A JOINT SERVICE ARRANGEMENT, AND JOIN WITH OTHERS IN THE ESTAB-
LISHMENT, LEVY AND COLLECTION OF SUCH FARES, TOLLS, RENTALS, RATES,
CHARGES AND OTHER FEES AS THE METROPOLITAN TRANSPORTATION AUTHORITY MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
TRANSPORTATION FACILITY AND RELATED SERVICES OPERATED BY THE AUTHORITY
OR BY A SUBSIDIARY CORPORATION OF THE AUTHORITY OR UNDER CONTRACT, LEASE
OR OTHER ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE
AUTHORITY, UNTIL SUCH TIME THAT MONTHLY REVENUES OF THE METROPOLITAN
TRANSPORTATION AUTHORITY HAS EXCEEDED, FOR THREE CONSECUTIVE MONTHS, TWO
HUNDRED PERCENT OF THE AMOUNT NECESSARY TO MAINTAIN THE OPERATIONS OF
THE METROPOLITAN TRANSPORTATION AUTHORITY ON A SELF-SUSTAINING BASIS.
4. THE AUTHORITY MAY ESTABLISH AND, IN THE CASE OF JOINT SERVICE
ARRANGEMENTS, JOIN WITH OTHERS IN THE ESTABLISHMENT OF SUCH SCHEDULES
AND STANDARDS OF OPERATIONS AND SUCH OTHER RULES AND REGULATIONS INCLUD-
ING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING THE CONDUCT AND
SAFETY OF THE PUBLIC AS IT MAY DEEM NECESSARY, CONVENIENT OR DESIRABLE
FOR THE USE AND OPERATION OF ANY TRANSPORTATION FACILITY AND RELATED
SERVICES OPERATED BY THE AUTHORITY OR UNDER CONTRACT, LEASE OR OTHER
ARRANGEMENT, INCLUDING JOINT SERVICE ARRANGEMENTS, WITH THE AUTHORITY.
SUCH RULES AND REGULATIONS GOVERNING THE CONDUCT AND SAFETY OF THE
PUBLIC SHALL BE FILED WITH THE DEPARTMENT OF STATE IN THE MANNER
PROVIDED BY SECTION ONE HUNDRED TWO OF THE EXECUTIVE LAW. IN THE CASE OF
ANY CONFLICT BETWEEN ANY SUCH RULE OR REGULATION OF THE AUTHORITY
GOVERNING THE CONDUCT OR THE SAFETY OF THE PUBLIC AND ANY LOCAL LAW,
ORDINANCE, RULE OR REGULATION, SUCH RULE OR REGULATION OF THE AUTHORITY
SHALL PREVAIL. VIOLATION OF ANY SUCH RULE OR REGULATION OF THE AUTHORITY
GOVERNING THE CONDUCT OR THE SAFETY OF THE PUBLIC IN OR UPON ANY FACILI-
TY OF THE AUTHORITY SHALL CONSTITUTE AN OFFENSE AND SHALL BE PUNISHABLE
BY A FINE NOT EXCEEDING FIFTY DOLLARS OR IMPRISONMENT FOR NOT MORE THAN
THIRTY DAYS OR BOTH OR MAY BE PUNISHABLE BY THE IMPOSITION OF A CIVIL
PENALTY BY THE TRANSIT ADJUDICATION BUREAU ESTABLISHED PURSUANT TO THE
PROVISIONS OF TITLE NINE OF THIS ARTICLE.
5. (A) THE AUTHORITY MAY ACQUIRE, HOLD, OWN, LEASE, ESTABLISH,
CONSTRUCT, EFFECTUATE, OPERATE, MAINTAIN, RENOVATE, IMPROVE, EXTEND OR
REPAIR ANY TRANSPORTATION FACILITIES THROUGH, AND CAUSE ANY ONE OR MORE
OF ITS POWERS, DUTIES, FUNCTIONS OR ACTIVITIES TO BE EXERCISED OR
PERFORMED BY, ONE OR MORE WHOLLY OWNED SUBSIDIARY CORPORATIONS OF THE
AUTHORITY, AND MAY TRANSFER TO OR FROM ANY SUCH CORPORATIONS ANY MONEYS,
REAL PROPERTY OR OTHER PROPERTY FOR ANY OF THE PURPOSES OF THIS TITLE
UPON SUCH TERMS AND CONDITIONS AS SHALL BE AGREED TO AND SUBJECT TO SUCH
PAYMENT OR REPAYMENT OBLIGATIONS AS ARE REQUIRED BY LAW OR BY ANY AGREE-
MENT TO WHICH ANY OF THE AFFECTED ENTITIES IS SUBJECT. THE DIRECTORS OR
MEMBERS OF EACH SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY CORPORATION
SHALL BE THE SAME PERSONS HOLDING THE OFFICES OF MEMBERS OF THE AUTHORI-
TY. THE CHAIRPERSON OF THE BOARD OF EACH SUCH SUBSIDIARY SHALL BE THE
CHAIRPERSON OF THE AUTHORITY, SERVING EX OFFICIO AND, PROVIDED THAT
THERE IS AN EXECUTIVE DIRECTOR OF THE COMMUTER TRANSPORTATION AUTHORITY,
THE EXECUTIVE DIRECTOR OF SUCH SUBSIDIARY SHALL BE THE EXECUTIVE DIREC-
TOR OF THE COMMUTER TRANSPORTATION AUTHORITY, SERVING EX OFFICIO.
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CHAIRPERSON
SHALL BE THE CHIEF EXECUTIVE OFFICER OF EACH SUCH SUBSIDIARY AND SHALL
BE RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRATIVE
FUNCTIONS AND POWERS OF EACH SUCH SUBSIDIARY. THE CHAIRPERSON AND EXECU-
TIVE DIRECTOR, IF ANY, SHALL BE EMPOWERED TO DELEGATE HIS OR HER FUNC-
S. 5555 147
TIONS AND POWERS TO ONE OR MORE OFFICERS OR EMPLOYEES OF EACH SUCH
SUBSIDIARY DESIGNATED BY HIM OR HER. EACH SUCH SUBSIDIARY CORPORATION OF
THE AUTHORITY AND ANY OF ITS PROPERTY, FUNCTIONS AND ACTIVITIES SHALL
HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER
EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS
AND ACTIVITIES. EACH SUCH SUBSIDIARY CORPORATION SHALL BE SUBJECT TO THE
RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. EACH
SUCH SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL BE SUBJECT TO SUIT IN
ACCORDANCE WITH SECTION THIRTEEN HUNDRED FORTY-NINE-LLLLL OF THIS TITLE.
THE EMPLOYEES OF ANY SUCH SUBSIDIARY CORPORATION, EXCEPT THOSE WHO ARE
ALSO EMPLOYEES OF THE AUTHORITY, SHALL NOT BE DEEMED EMPLOYEES OF THE
AUTHORITY.
(B) IF THE AUTHORITY SHALL DETERMINE THAT ONE OR MORE OF ITS SUBSID-
IARY CORPORATIONS SHOULD BE IN THE FORM OF A PUBLIC BENEFIT CORPORATION,
IT SHALL CREATE EACH SUCH PUBLIC BENEFIT CORPORATION BY EXECUTING AND
FILING WITH THE SECRETARY OF STATE A CERTIFICATE OF INCORPORATION, WHICH
MAY BE AMENDED FROM TIME TO TIME BY FILING, WHICH SHALL SET FORTH THE
NAME OF SUCH PUBLIC BENEFIT SUBSIDIARY CORPORATION, ITS DURATION, THE
LOCATION OF ITS PRINCIPAL OFFICE, AND ANY OR ALL OF THE PURPOSES OF
ACQUIRING, OWNING, LEASING, ESTABLISHING, CONSTRUCTING, EFFECTUATING,
OPERATING, MAINTAINING, RENOVATING, IMPROVING, EXTENDING OR REPAIRING
ONE OR MORE FACILITIES OF THE AUTHORITY. EACH SUCH PUBLIC BENEFIT
SUBSIDIARY CORPORATION SHALL BE A BODY POLITIC AND CORPORATE AND SHALL
HAVE ALL THOSE POWERS VESTED IN THE AUTHORITY BY THE PROVISIONS OF THIS
TITLE WHICH THE AUTHORITY SHALL DETERMINE TO INCLUDE IN ITS CERTIFICATE
OF INCORPORATION EXCEPT THE POWER TO CONTRACT INDEBTEDNESS.
(C) WHENEVER ANY STATE, POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION OR PERSON IS AUTHOR-
IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO CO-OPERATE
AND ENTER INTO AGREEMENTS WITH THE AUTHORITY SUCH STATE, POLITICAL
SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPARTMENT,
BOARD, DIVISION OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER
FOR ANY OF SUCH PURPOSES TO CO-OPERATE AND ENTER INTO AGREEMENTS WITH A
SUBSIDIARY CORPORATION OF THE AUTHORITY.
6. EACH OF THE AUTHORITY AND ITS SUBSIDIARIES, IN ITS OWN NAME OR IN
THE NAME OF THE STATE, MAY APPLY FOR AND RECEIVE AND ACCEPT GRANTS OF
PROPERTY, MONEY AND SERVICES AND OTHER ASSISTANCE OFFERED OR MADE AVAIL-
ABLE TO IT BY ANY PERSON, GOVERNMENT OR AGENCY, WHICH IT MAY USE TO MEET
CAPITAL OR OPERATING EXPENSES AND FOR ANY OTHER USE WITHIN THE SCOPE OF
ITS POWERS, AND TO NEGOTIATE FOR THE SAME UPON SUCH TERMS AND CONDITIONS
AS THE RESPECTIVE AUTHORITY MAY DETERMINE TO BE NECESSARY, CONVENIENT OR
DESIRABLE.
7. THE AUTHORITY MAY LEASE RAILROAD CARS FOR USE IN ITS PASSENGER
SERVICE PURSUANT TO THE PROVISIONS OF CHAPTER SIX HUNDRED THIRTY-EIGHT
OF THE LAWS OF NINETEEN HUNDRED FIFTY-NINE.
8. (A) THE AUTHORITY MAY DO ALL THINGS IT DEEMS NECESSARY, CONVENIENT
OR DESIRABLE TO MANAGE, CONTROL AND DIRECT THE MAINTENANCE AND OPERATION
OF TRANSPORTATION FACILITIES, EQUIPMENT OR REAL PROPERTY OPERATED BY OR
UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY AND ITS
SUBSIDIARIES. EXCEPT AS HEREINAFTER SPECIALLY PROVIDED, NO MUNICIPALITY
OR POLITICAL SUBDIVISION, INCLUDING BUT NOT LIMITED TO A COUNTY, CITY,
VILLAGE, TOWN OR SCHOOL OR OTHER DISTRICT SHALL HAVE JURISDICTION OVER
ANY FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES, OR ANY OF THEIR
ACTIVITIES OR OPERATIONS. THE LOCAL LAWS, RESOLUTIONS, ORDINANCES, RULES
AND REGULATIONS OF A MUNICIPALITY OR POLITICAL SUBDIVISION, HERETOFORE
OR HEREAFTER ADOPTED, CONFLICTING WITH THIS TITLE OR ANY RULE OR REGU-
S. 5555 148
LATION OF THE AUTHORITY OR ITS SUBSIDIARIES, SHALL NOT BE APPLICABLE TO
THE ACTIVITIES OR OPERATIONS OF THE AUTHORITY AND ITS SUBSIDIARIES, OR
THE FACILITIES OF THE AUTHORITY AND ITS SUBSIDIARIES, EXCEPT SUCH FACIL-
ITIES THAT ARE DEVOTED TO PURPOSES OTHER THAN TRANSPORTATION OR TRANSIT
PURPOSES. EACH MUNICIPALITY OR POLITICAL SUBDIVISION, INCLUDING BUT NOT
LIMITED TO A COUNTY, CITY, VILLAGE, TOWN OR DISTRICT IN WHICH ANY FACIL-
ITIES OF THE AUTHORITY OR ITS SUBSIDIARIES ARE LOCATED SHALL PROVIDE FOR
SUCH FACILITIES POLICE, FIRE AND HEALTH PROTECTION SERVICES OF THE SAME
CHARACTER AND TO THE SAME EXTENT AS THOSE PROVIDED FOR RESIDENTS OF SUCH
MUNICIPALITY OR POLITICAL SUBDIVISION.
(B) THE JURISDICTION, SUPERVISION, POWERS AND DUTIES OF THE DEPARTMENT
OF TRANSPORTATION OF THE STATE UNDER THE TRANSPORTATION LAW SHALL NOT
EXTEND TO THE AUTHORITY IN THE EXERCISE OF ANY OF ITS POWERS UNDER THIS
TITLE. THE AUTHORITY MAY AGREE WITH SUCH DEPARTMENT FOR THE EXECUTION BY
SUCH DEPARTMENT OF ANY GRADE CROSSING ELIMINATION PROJECT OR ANY GRADE
CROSSING SEPARATION RECONSTRUCTION PROJECT ALONG ANY RAILROAD FACILITY
OPERATED BY THE AUTHORITY OR BY ONE OF ITS SUBSIDIARY CORPORATIONS OR
UNDER CONTRACT, LEASE OR OTHER ARRANGEMENT WITH THE AUTHORITY. ANY SUCH
PROJECT SHALL BE EXECUTED AS PROVIDED IN ARTICLE TEN OF THE TRANSPORTA-
TION LAW AND THE RAILROAD LAW, AND THE COSTS OF ANY SUCH PROJECT SHALL
BE BORNE AS PROVIDED IN SUCH LAWS, EXCEPT THAT THE AUTHORITY'S SHARE OF
SUCH COSTS SHALL BE BORNE BY THE STATE.
9. UPON APPROVAL BY THE COMMISSIONER OF TRANSPORTATION OF THE STATE OF
NEW YORK OF DETAILED PLANS AND SPECIFICATIONS, WHICH APPROVAL MAY BE
BASED UPON CONSIDERATIONS OF RELATIVE NEED AND THE TIMING OF
CONSTRUCTION, THE AUTHORITY IS AUTHORIZED TO DESIGN, CONSTRUCT, MAIN-
TAIN, OPERATE, IMPROVE AND RECONSTRUCT A HIGHWAY BRIDGE CROSSING LONG
ISLAND SOUND, AS FOLLOWS:
(A) UPON: (I) THE ENACTMENT BY THE STATE OF CONNECTICUT OF LEGISLATION
HAVING LIKE EFFECT AS THE PROVISIONS OF THIS PARAGRAPH AND THE GRANTING
OF THE CONSENT OF THE CONGRESS OF THE UNITED STATES OF AMERICA TO THE
INTERSTATE COMPACT THEREBY CREATED; AND (II) IN CONFORMITY WITH RECOM-
MENDATIONS OF THE NEW YORK-CONNECTICUT BI-STATE BRIDGE STUDY COMMISSION,
THE AUTHORITY IS AUTHORIZED, IN COOPERATION WITH ANY DULY DESIGNATED
AGENCY OR AGENCIES OF THE STATE OF CONNECTICUT, TO DESIGN, CONSTRUCT,
MAINTAIN, OPERATE, IMPROVE AND RECONSTRUCT A HIGHWAY BRIDGE CROSSING
LONG ISLAND SOUND FROM A POINT IN THE VICINITY OF THE CITY OF BRIDGEPORT
IN THE STATE OF CONNECTICUT TO A POINT IN THE VICINITY OF THE VILLAGE OF
PORT JEFFERSON IN THE STATE OF NEW YORK, TOGETHER WITH APPROACHES TO
SUCH BRIDGE; AND TO CONTRACT FROM TIME TO TIME WITH SUCH AGENCY OR AGEN-
CIES OF THE STATE OF CONNECTICUT WITH RESPECT TO ALL MATTERS AFFECTING
THESE AUTHORIZATIONS, INCLUDING, WITHOUT LIMITATION, THE SHARING OF ALL
CAPITAL, OPERATIONAL AND MAINTENANCE EXPENSE, EXCEPT THAT THE CAPITAL
EXPENSE OF THE ORIGINAL CONSTRUCTION OF SUCH BRIDGE, OTHER THAN THE
EXPENSE OF ACQUIRING THE NEEDED REAL PROPERTY, SHALL BE IN THE RATIO OF
FIFTY PER CENTUM FOR THE AUTHORITY AND FIFTY PER CENTUM FOR SUCH AGENCY
OR AGENCIES OF THE STATE OF CONNECTICUT, THE MANNER AND BY WHOM THE WORK
OF DESIGN, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, MAINTENANCE AND
OPERATION IS TO BE PERFORMED OR CONTRACTED TO OTHERS FOR PERFORMANCE,
THE TOLLS, FEES AND OTHER CHARGES TO BE IMPOSED FROM TIME TO TIME FOR
THE USE OF SUCH BRIDGE, AND THE SHARING OF REVENUES DERIVED FROM THE
IMPOSITION OF SUCH TOLLS, FEES AND CHARGES, EXCEPT THAT NET REVENUES
REMAINING AFTER DEDUCTION OF OPERATIONAL AND MAINTENANCE EXPENSE OF SUCH
BRIDGE SHALL BE IN THE RATIO OF FIFTY PER CENTUM FOR THE AUTHORITY AND
FIFTY PER CENTUM FOR THE STATE OF CONNECTICUT OR FOR SUCH AGENCY OR
AGENCIES OF THE STATE OF CONNECTICUT. SUBJECT TO THE LIMITATIONS IMPOSED
S. 5555 149
UPON THE AUTHORITY BY THE PROVISIONS OF THE SAID CONTRACTS, THAT PORTION
OF THE SAID BRIDGE AND ITS APPROACHES SITUATE AND LYING WITHIN THE
TERRITORIAL BOUNDARIES OF THE STATE OF NEW YORK SHALL BE DEEMED A
"TRANSPORTATION FACILITY" OF THE AUTHORITY FOR ALL THE PURPOSES OF THIS
TITLE, BUT TOLLS, FEES AND OTHER CHARGES IMPOSED FOR THE USE OF SUCH
BRIDGE SHALL NOT BE DEEMED TO HAVE BEEN IMPOSED "FOR THE TRANSPORTATION
OF PASSENGERS" WITHIN THE INTENDMENT OF SUBDIVISION THREE OF THIS
SECTION.
(B) IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR THE PAYMENT OF
THE COST AND EXPENSE OF THE ACQUISITION THEREOF, THE COMMISSIONER OF
TRANSPORTATION OF THE STATE OF NEW YORK, WHEN REQUESTED BY THE AUTHORI-
TY, MAY ACQUIRE IN THE NAME OF THE STATE SUCH REAL PROPERTY LYING WITHIN
THE TERRITORIAL BOUNDARIES OF THE STATE AS MAY BE DETERMINED FROM TIME
TO TIME BY THE AUTHORITY TO BE NECESSARY, CONVENIENT OR DESIRABLE TO
CARRY OUT THE AUTHORIZATIONS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVI-
SION AND THIS PARAGRAPH, MAY REMOVE THE OWNER OR OCCUPANT THEREOF WHERE
NECESSARY AND OBTAIN POSSESSION AND, WHEN REQUESTED BY THE AUTHORITY,
MAY DISPOSE OF ANY REAL PROPERTY SO ACQUIRED, ALL ACCORDING TO THE
PROCEDURES PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW. THE AUTHORITY
SHALL HAVE THE RIGHT TO POSSESS AND USE FOR ITS CORPORATE PURPOSES ALL
SUCH REAL PROPERTY SO ACQUIRED, ALL ACCORDING TO THE PROCEDURES PROVIDED
IN SECTION THIRTY OF THE HIGHWAY LAW. THE AUTHORITY SHALL HAVE THE RIGHT
TO POSSESS AND USE FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY SO
ACQUIRED. CLAIMS FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR
LEGAL DAMAGES CAUSED BY ANY SUCH APPROPRIATION SHALL BE ADJUSTED AND
DETERMINED BY THE COMMISSIONER OF TRANSPORTATION WITH THE APPROVAL OF
THE AUTHORITY OR BY THE COURT OF CLAIMS AS PROVIDED IN SECTION THIRTY OF
THE HIGHWAY LAW. WHEN A CLAIM HAS BEEN FILED WITH THE COURT OF CLAIMS,
THE CLAIMANT SHALL CAUSE A COPY OF SUCH CLAIM TO BE SERVED UPON THE
AUTHORITY AND THE AUTHORITY SHALL HAVE THE RIGHT TO BE REPRESENTED AND
HEARD BEFORE SUCH COURT. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH
CLAIMS SHALL BE PAID OUT OF MONEYS OF THE AUTHORITY.
(C) THE AUTHORITY, ACTING INDEPENDENTLY OR JOINTLY OR IN COOPERATION
WITH SUCH AGENCY OR AGENCIES OF THE STATE OF CONNECTICUT, MAY ALSO APPLY
FOR AND ACCEPT, UPON CONDITION OR OTHERWISE, FROM THE DULY AUTHORIZED
AGENCIES OF THE FEDERAL GOVERNMENT, AND OF THE GOVERNMENTS OF THE STATES
OF CONNECTICUT AND NEW YORK, SUCH UNDERWATER AND OVERWATER GRANTS OF
REAL PROPERTY, LICENSES OR PERMITS AS SHALL BE NECESSARY, CONVENIENT OR
DESIRABLE TO CARRY OUT THE AUTHORIZATIONS SET FORTH IN PARAGRAPHS (A)
AND (B) OF THIS SUBDIVISION.
(D) THE PROVISIONS OF CHAPTER FOUR HUNDRED FORTY-TWO OF THE LAWS OF
NINETEEN HUNDRED SIXTY-FIVE, AND OF ANY AGREEMENT ENTERED INTO IN
PURSUANCE THEREOF, RELATING TO THE REPAYMENT OF A LOAN MADE BY THE STATE
TO THE AUTHORITY FOR THE PURCHASE OF THE LONG ISLAND RAIL ROAD SHALL BE
INAPPLICABLE TO: (I) THE CONSTRUCTION OF SUCH BRIDGES AND THEIR
APPROACHES; (II) BONDS, NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY
ISSUED FOR OR IN CONNECTION WITH THE FINANCING OF THE COST OF DESIGN,
CONSTRUCTION AND RECONSTRUCTION OF SUCH BRIDGES AND THEIR APPROACHES, OR
THE PROCEEDS REALIZED UPON SUCH ISSUANCE; AND (III) REVENUES DERIVED
FROM THE INVESTMENT OF SUCH PROCEEDS OR OF ANY PART THEREOF, AND FROM
THE IMPOSITION OF TOLLS, FEES OR OTHER CHARGES FOR THE USE OF SUCH
BRIDGES.
10. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, GENERAL, SPECIAL
OR LOCAL, OR OF ANY AGREEMENT ENTERED INTO IN PURSUANCE THEREOF, RELAT-
ING TO THE REPAYMENT OF ANY LOAN OR ADVANCE MADE BY THE STATE TO THE
AUTHORITY, THE AUTHORITY SHALL NOT BE REQUIRED TO REPAY ANY SUCH LOAN OR
S. 5555 150
ADVANCE HERETOFORE MADE FROM OR BY REASON OF THE ISSUANCE OF BONDS OR
NOTES OR FROM THE PROCEEDS REALIZED UPON SUCH ISSUANCE OR FROM ANY OTHER
FUNDS RECEIVED FROM ANY SOURCE WHATEVER IN AID OR ASSISTANCE OF THE
PROJECT OR PROJECTS FOR THE FINANCING OF WHICH SUCH BONDS OR NOTES ARE
ISSUED.
11. NO PROJECT TO BE CONSTRUCTED UPON REAL PROPERTY THERETOFORE USED
FOR A TRANSPORTATION PURPOSE, OR ON AN INSUBSTANTIAL ADDITION TO SUCH
PROPERTY CONTIGUOUS THERETO, WHICH WILL NOT CHANGE IN A MATERIAL RESPECT
THE GENERAL CHARACTER OF SUCH PRIOR TRANSPORTATION USE, NOR ANY ACTS OR
ACTIVITIES IN CONNECTION WITH SUCH PROJECT, SHALL BE SUBJECT TO THE
PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR OR TWENTY-FIVE OF THE
ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO ANY SUCH ARTICLE. NOR SHALL ANY ACTS OR ACTIVITIES TAKEN OR
PROPOSED TO BE TAKEN BY THE AUTHORITY OR BY ANY OTHER PERSON OR ENTITY,
PUBLIC OR PRIVATE, IN CONNECTION WITH THE PLANNING, DESIGN, ACQUISITION,
IMPROVEMENT, CONSTRUCTION, RECONSTRUCTION OR REHABILITATION OF A TRANS-
PORTATION FACILITY, OTHER THAN A MARINE OR AVIATION FACILITY, BE SUBJECT
TO THE PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
LAW, OR TO ANY LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTI-
CLE IF SUCH ACTS OR ACTIVITIES REQUIRE THE PREPARATION OF A STATEMENT
UNDER OR PURSUANT TO ANY FEDERAL LAW OR REGULATION AS TO THE ENVIRON-
MENTAL IMPACT THEREOF.
12. THE AUTHORITY AND EACH OF ITS SUBSIDIARY CORPORATIONS SHALL PLACE
ON EACH TRANSFORMER AND SUBSTATION WHICH CONTAINS POLYCHLORINATED BIPHE-
NYLS (PCBS) A SYMBOL SO INDICATING THE PRESENCE OF PCBS. USE OF A PCB
MARK ILLUSTRATED IN THE RULES AND REGULATIONS PROMULGATED PURSUANT TO
THE FEDERAL TOXIC SUBSTANCES CONTROL ACT SHALL CONSTITUTE COMPLIANCE
WITH THE PROVISIONS OF THIS SUBDIVISION.
13. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL ROAD,
SHALL ESTABLISH AND IMPLEMENT A NO FARE PROGRAM FOR TRANSPORTATION ON
THE LONG ISLAND RAIL ROAD FOR POLICE OFFICERS EMPLOYED BY THE CITY OF
NEW YORK, COUNTY OF NASSAU, NASSAU COUNTY VILLAGES AND CITIES, COUNTY OF
SUFFOLK, SUFFOLK COUNTY VILLAGES AND TOWNS, THE DIVISION OF STATE
POLICE, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE METRO-NORTH
COMMUTER RAILROAD COMPANY, THE NEW YORK CITY HOUSING AUTHORITY AND THE
NEW YORK CITY TRANSIT AUTHORITY. IN ESTABLISHING SUCH PROGRAM, WHICH HAS
AS ITS GOAL INCREASED PROTECTION AND IMPROVED SAFETY FOR ITS COMMUTERS,
THE AUTHORITY AND THE LONG ISLAND RAIL ROAD SHALL, AMONG OTHER THINGS,
CONSIDER: (A) REQUIRING POLICE OFFICERS WHO RIDE WITHOUT COST TO REGIS-
TER WITH THE LONG ISLAND RAIL ROAD AS A CONDITION OF RIDING WITHOUT
COST; (B) REQUIRING SUCH OFFICERS TO INDICATE DURING SUCH REGISTRATION
PROCESS THEIR REGULAR WORKING HOURS AND THE LONG ISLAND RAIL ROAD TRAINS
THAT SUCH OFFICERS EXPECT TO RIDE; AND (C) PERIODICALLY RE-REGISTERING
AND RE-VALIDATING SUCH OFFICERS. THE AUTHORITY AND THE LONG ISLAND RAIL
ROAD SHALL ALSO HAVE THE POWER TO CONSIDER OTHER MATTERS NECESSARY TO
CARRY OUT THE GOALS AND OBJECTIVES OF THIS SECTION.
14. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF
ANY CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE LONG ISLAND RAIL
ROAD AND THE METRO-NORTH COMMUTER RAILROAD COMPANY, SHALL ESTABLISH AND
IMPLEMENT A NO FARE PROGRAM FOR TRANSPORTATION ON THE LONG ISLAND RAIL
ROAD AND THE METRO-NORTH COMMUTER RAILROAD COMPANY FOR INDIVIDUALS SERV-
ING AS PERSONAL CARE ATTENDANTS ACCOMPANYING AN AMERICANS WITH DISABILI-
TIES ACT PARATRANSIT ELIGIBLE INDIVIDUAL.
S. 5555 151
(B) IN ORDER TO BE ELIGIBLE FOR SUCH NO FARE PROGRAM THE PERSONAL CARE
ATTENDANT SHALL SHOW HIS OR HER COMMUNITY BASED PERSONAL CARE ATTENDANT
AGENCY ISSUED IDENTIFICATION CARD.
(C) IN ORDER TO BE CONSIDERED ACCOMPANYING AN AMERICANS WITH DISABILI-
TIES ACT PARATRANSIT ELIGIBLE INDIVIDUAL THE PERSONAL CARE ATTENDANT
SHALL HAVE THE SAME ORIGIN AND DESTINATION AS SUCH PARATRANSIT ELIGIBLE
INDIVIDUAL.
15. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE AUTHORITY AND ANY
OF ITS SUBSIDIARY CORPORATIONS SHALL ESTABLISH AND IMPLEMENT A HALF FARE
RATE PROGRAM FOR PERSONS WITH SERIOUS MENTAL ILLNESS WHO ARE ELIGIBLE TO
RECEIVE SUPPLEMENTAL SECURITY INCOME BENEFITS AS DEFINED PURSUANT TO
TITLE SIXTEEN OF THE FEDERAL SOCIAL SECURITY ACT AND SECTION TWO HUNDRED
NINE OF THE SOCIAL SERVICES LAW.
16. THE AUTHORITY SHALL CONDUCT A CAMPAIGN OF PUBLIC OUTREACH TO
INFORM THE PUBLIC OF THE PROVISIONS PERTAINING TO ASSAULT ON EMPLOYEES
DESCRIBED IN SUBDIVISION ELEVEN OF SECTION 120.05 OF THE PENAL LAW.
§ 1349-JJJJ. MEDICAL EMERGENCY SERVICES. THE AUTHORITY IS HEREBY
AUTHORIZED AND DIRECTED TO PREPARE AND DEVELOP A MEDICAL EMERGENCY
SERVICES PROGRAM TO BE IMPLEMENTED AT A TIME TO BE SPECIFIED IN SUCH
PROGRAM FOR THE BENEFIT OF PERSONS UTILIZING TRANSPORTATION AND OTHER
RELATED SERVICES OF THE AUTHORITY. SUCH PROGRAM MAY INCLUDE BUT NOT BE
LIMITED TO PROVISIONS FOR THE FOLLOWING:
1. THE TRAINING OF DESIGNATED EMPLOYEES IN FIRST AID;
2. EMERGENCY TECHNIQUES AND PROCEDURES;
3. HANDLING AND POSITIONING OF STRICKEN COMMUTERS; AND
4. KNOWLEDGE OF PROCEDURES AND EQUIPMENT USED FOR RESPIRATORY AND
CARDIAC EMERGENCIES.
SUCH PROGRAM SHALL BE SUBMITTED TO THE LEGISLATURE NOT LATER THAN ONE
HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
§ 1349-KKKK. MEDICAL EMERGENCY SERVICES PLAN; IMPLEMENTATION ON LONG
ISLAND RAIL ROAD. 1. (A) THE AUTHORITY IN CONSULTATION WITH THE LONG
ISLAND RAIL ROAD IS HEREBY AUTHORIZED AND DIRECTED TO IMPLEMENT A
COMPREHENSIVE MEDICAL EMERGENCY SERVICES PROGRAM, INCLUDING AN EMERGENCY
RESPONSE PROTOCOL, NOT LATER THAN THE FIRST OF SEPTEMBER NEXT SUCCEEDING
THE EFFECTIVE DATE OF THIS SECTION, FOR THE BENEFIT OF PERSONS UTILIZING
TRANSPORTATION AND OTHER RELATED SERVICES OF THE LONG ISLAND RAIL ROAD.
SUCH PROGRAM SHALL INCLUDE BUT NOT BE LIMITED TO PROVISIONS FOR THE
FOLLOWING:
(I) THE TRAINING OF DESIGNATED EMPLOYEES IN FIRST AID;
(II) EMERGENCY TECHNIQUES AND PROCEDURES;
(III) HANDLING AND POSITIONING OF STRICKEN COMMUTERS;
(IV) KNOWLEDGE OF PROCEDURES AND EQUIPMENT USED FOR RESPIRATORY AND
CARDIAC EMERGENCIES AND AN EMERGENCY RESPONSE PROTOCOL FOR ALL EMPLOY-
EES.
(B) SUCH PROGRAM AND PLAN SHALL BE SUBMITTED TO THE TEMPORARY PRESI-
DENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE GOVERNOR ON OR
BEFORE THE FIRST OF SEPTEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
SECTION AND SHALL BE UPDATED AS NECESSARY. THE AUTHORITY WILL ISSUE AN
ANNUAL REPORT ON OR BEFORE APRIL FIRST OF EACH YEAR, WHICH WILL INCLUDE
CURRENT UPDATES, DESCRIPTIONS OF MEDICAL EMERGENCIES, RESPONSES AND
OUTCOMES SINCE THE MOST RECENT REPORT, INFORMATION REGARDING TRAINING OF
PERSONNEL, ANALYSIS OF THE CURRENT PLAN AND ANY RECOMMENDATIONS FOR
IMPROVING THE PROGRAM.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, A DESIGNATED EMPLOYEE EMPLOYED UPON FACILITIES OF THE LONG
ISLAND RAIL ROAD WHO HAS BEEN TRAINED IN FIRST AID, EMERGENCY TECHNIQUES
S. 5555 152
AND PROCEDURES, HANDLING AND POSITIONING OF STRICKEN COMMUTERS, AND THE
APPLICABLE PROCEDURES AND EQUIPMENT USED FOR RESPIRATORY AND CARDIAC
EMERGENCIES WHO VOLUNTARILY AND WITHOUT THE EXPECTATION OF MONETARY
COMPENSATION RENDERS ANY OF THE FOREGOING TREATMENT IN AN EMERGENCY TO A
COMMUTER UPON FACILITIES OF THE LONG ISLAND RAIL ROAD WHO IS UNCON-
SCIOUS, ILL OR INJURED SHALL NOT BE LIABLE FOR DAMAGES FOR INJURIES
ALLEGED TO HAVE BEEN SUSTAINED BY SUCH COMMUTER OR FOR DAMAGES FOR THE
DEATH OF SUCH COMMUTER ALLEGED TO HAVE OCCURRED BY REASON OF AN ACT OR
OMISSION IN THE RENDERING OF SUCH TREATMENT IN AN EMERGENCY UNLESS IT IS
ESTABLISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS
NEGLIGENCE ON THE PART OF SUCH DESIGNATED EMPLOYEE.
§ 1349-LLLL. LONG ISLAND RAIL ROAD COMMUTER COUNCIL. 1. THERE IS
HEREBY CREATED THE LONG ISLAND RAIL ROAD COMMUTER COUNCIL, TO STUDY,
INVESTIGATE, MONITOR AND MAKE RECOMMENDATIONS WITH RESPECT TO THE MAIN-
TENANCE AND OPERATION OF THE LONG ISLAND RAIL ROAD. SUCH COUNCIL SHALL
STUDY AND INVESTIGATE ALL ASPECTS OF THE DAY TO DAY OPERATIONS OF SUCH
RAILROAD, MONITOR ITS PERFORMANCE AND RECOMMEND CHANGES TO IMPROVE THE
EFFICIENCY OF THE OPERATION THEREOF.
2. SUCH COUNCIL SHALL CONSIST OF TWELVE MEMBERS WHO SHALL BE COMMUTERS
WHO REGULARLY USE THE TRANSPORTATION SERVICES OF SUCH RAILROAD, AND WHO
SHALL BE RESIDENTS OF NASSAU, SUFFOLK, QUEENS OR BROOKLYN COUNTY.
MEMBERS SHALL BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF
THE COUNTY EXECUTIVE OF EACH SUCH COUNTY, PROVIDED, HOWEVER, THAT SUCH
MEMBERS SHALL BE CHOSEN FROM A LIST OF TEN NAMES SUBMITTED BY EACH SUCH
COUNTY EXECUTIVE AND PROVIDED FURTHER HOWEVER THAT NO MORE THAN SIX
MEMBERS OF SUCH COUNCIL SHALL BE RESIDENTS OF EITHER SUCH COUNTY.
PROVIDED, HOWEVER, THAT ONE MEMBER SHALL BE APPOINTED ON THE RECOMMENDA-
TION OF THE BOROUGH PRESIDENT OF QUEENS AND ONE MEMBER SHALL BE
APPOINTED ON THE RECOMMENDATION OF THE BOROUGH PRESIDENT OF BROOKLYN.
VACANCIES OCCURRING IN THE MEMBERSHIP OF THE COUNCIL SHALL BE FILLED IN
THE SAME MANNER AS ORIGINAL APPOINTMENTS, PROVIDED, HOWEVER, THAT SUCH
VACANCY SHALL BE FILLED FROM A LIST OF THREE NAMES SUBMITTED BY EACH
SUCH COUNTY EXECUTIVE.
3. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECES-
SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
4. THE COUNCIL MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT,
DIVISION, BOARD, BUREAU, COMMISSION, AGENCY, PUBLIC AUTHORITY OF THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND DATA AS
WILL ENABLE IT PROPERLY TO CARRY OUT ITS ACTIVITIES HEREUNDER AND EFFEC-
TUATE THE PURPOSES SET FORTH HEREIN.
§ 1349-MMMM. METRO-NORTH RAIL COMMUTER COUNCIL. 1. THERE IS HEREBY
CREATED THE METRO-NORTH RAIL COMMUTER COUNCIL TO STUDY, INVESTIGATE,
MONITOR AND MAKE RECOMMENDATIONS WITH RESPECT TO THE MAINTENANCE AND
OPERATION OF THOSE PORTIONS OF, IF ANY, THE HUDSON, HARLEM, NEW HAVEN,
PASCACK VALLEY AND PORT JERVIS COMMUTER RAILROAD LINES REMAINING WITHIN
THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT. SUCH COUNCIL SHALL
STUDY AND INVESTIGATE ALL ASPECTS OF THE DAY TO DAY OPERATION OF SUCH
RAILROAD LINES, MONITOR THEIR PERFORMANCE AND RECOMMEND CHANGES TO
IMPROVE THE EFFICIENCY OF THE OPERATION THEREOF.
2. SUCH COUNCIL SHALL CONSIST OF ELEVEN MEMBERS AND SHALL BE COMMUTERS
WHO REGULARLY USE THE TRANSPORTATION SERVICES OF SUCH RAILROAD LINES. AT
LEAST FIVE OF SUCH MEMBERS SHALL BE RESIDENTS OF THE COUNTY OF WESTCHES-
TER. OF THE OTHER SIX MEMBERS, AT LEAST ONE OF SUCH MEMBERS SHALL BE A
RESIDENT OF EACH OF THE COUNTIES OF ROCKLAND, PUTNAM, DUTCHESS, ORANGE
AND BRONX, PROVIDED THAT SUCH COUNTY HAS NOT WITHDRAWN FROM THE METRO-
S. 5555 153
POLITAN COMMUTER TRANSPORTATION DISTRICT PURSUANT TO SECTION THIRTEEN
HUNDRED FORTY-NINE-WWWWW OF THIS ARTICLE; PROVIDED FURTHER, SHOULD ONLY
THE COUNTY OF PUTNAM REMAIN IN THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT THEN MEMBERSHIP ON SUCH COUNCIL SHALL CONSIST OF SEVEN MEMBERS,
FIVE OF WHOM RESIDE IN THE COUNTY OF WESTCHESTER AND TWO OF WHOM RESIDE
IN THE COUNTY OF PUTNAM. MEMBERS SHALL BE APPOINTED BY THE GOVERNOR. IN
MAKING SUCH APPOINTMENTS THE GOVERNOR SHALL CONSULT WITH AND SOLICIT
RECOMMENDATIONS FROM LOCAL OFFICIALS AND TO THE EXTENT POSSIBLE APPOINT
MEMBERS WHO REPRESENT THE RIDERSHIP OF THE SEVERAL COMMUTER RAILROAD
LINES. VACANCIES OCCURRING IN THE MEMBERSHIP OF THE COUNCIL SHALL BE
FILLED IN THE SAME MANNER AS ORIGINAL APPOINTMENTS.
3. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR THEIR EXPENSES ACTUALLY AND NECES-
SARILY INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER
FROM FUNDS APPROPRIATED TO THE COMMISSIONER OF TRANSPORTATION.
4. THE COUNCIL MAY REQUEST AND SHALL RECEIVE FROM ANY DEPARTMENT,
DIVISION, BOARD, BUREAU, COMMISSION, AGENCY, PUBLIC AUTHORITY OF THE
STATE OR ANY POLITICAL SUBDIVISION THEREOF SUCH ASSISTANCE AND DATA AS
IT REQUESTS AND WILL ENABLE IT TO PROPERLY CARRY OUT ITS ACTIVITIES FOR
THE PURPOSES SET FORTH HEREIN.
§ 1349-NNNN. MEDICAL EMERGENCY SERVICES PLAN; IMPLEMENTATION ON
METRO-NORTH COMMUTER RAILROAD COMPANY. 1. THE AUTHORITY IS HEREBY
AUTHORIZED AND DIRECTED TO IMPLEMENT A MEDICAL EMERGENCY SERVICES
PROGRAM FOR THE BENEFIT OF PERSONS UTILIZING TRANSPORTATION AND OTHER
RELATED SERVICES OF THE METRO-NORTH COMMUTER RAILROAD COMPANY. SUCH
PROGRAM SHALL INCLUDE BUT NOT BE LIMITED TO PROVISIONS FOR THE FOLLOW-
ING:
(A) THE TRAINING OF CONDUCTORS, TRAINMEN AND OTHER DESIGNATED EMPLOY-
EES IN FIRST AID;
(B) EMERGENCY TECHNIQUES AND PROCEDURES;
(C) HANDLING AND POSITIONING OF STRICKEN COMMUTERS; AND
(D) KNOWLEDGE OF PROCEDURES AND EQUIPMENT USED FOR RESPIRATORY AND
CARDIAC EMERGENCIES.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW, A DESIGNATED EMPLOYEE EMPLOYED UPON FACILITIES OF THE
METRO-NORTH COMMUTER RAILROAD COMPANY WHO HAS SUCCESSFULLY COMPLETED A
COURSE IN FIRST AID, INCLUDING INSTRUCTION AND TRAINING IN CARDIOPULMO-
NARY RESUSCITATION AND WHO VOLUNTARILY AND WITHOUT EXPECTATION OF MONE-
TARY COMPENSATION RENDERS FIRST AID, EMERGENCY TREATMENT OR CARDIOPULMO-
NARY RESUSCITATION AT THE SCENE OF AN ACCIDENT OR OTHER EMERGENCY, IN
THE COURSE OF HIS OR HER DUTIES AS AN EMPLOYEE OF THE METRO-NORTH COMMU-
TER RAILROAD COMPANY TO A PERSON WHO IS UNCONSCIOUS, ILL OR INJURED,
SHALL NOT BE LIABLE FOR DAMAGES AND INJURIES ALLEGED TO HAVE BEEN
SUSTAINED BY SUCH PERSON OR FOR DAMAGES FOR DEATH OF SUCH PERSON ALLEGED
TO HAVE OCCURRED BY REASON OF AN ACT OR OMISSION IN THE RENDERING OF
SUCH FIRST AID, EMERGENCY TREATMENT OR CARDIOPULMONARY RESUSCITATION
UNLESS IT IS ESTABLISHED THAT SUCH INJURIES WERE OR SUCH DEATH WAS
CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH DESIGNATED EMPLOYEE.
§ 1349-OOOO. EXCESS LOSS FUND. 1. SUBJECT TO THE PROVISIONS OF THIS
SECTION, THE AUTHORITY IS AUTHORIZED TO ISSUE BONDS AND NOTES, IN
ACCORDANCE WITH SECTION THIRTEEN HUNDRED FORTY-NINE-XXXX OF THIS TITLE,
IN SUCH PRINCIPAL AMOUNTS NOT IN EXCESS OF THE SEVENTY-FIVE MILLION
DOLLAR LIMITATION ESTABLISHED IN SUBDIVISION FOUR OF THIS SECTION AS, IN
THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFICIENT
FUNDS TO MEET THE CAPITAL AND RESERVE REQUIREMENTS OF A TRUST, POOLING
ARRANGEMENT OR OTHER ENTITY ESTABLISHED FOR THE PURPOSE OF PROVIDING
S. 5555 154
REIMBURSEMENT AND FUNDING TO THE AUTHORITY AND ITS SUBSIDIARIES FOR
EXCESS OR EXTRAORDINARY LOSSES FOR DAMAGES TO REAL OR PERSONAL PROPERTY
OR FOR THE DESTRUCTION THEREOF OR FOR PERSONAL INJURIES OR DEATH AND FOR
CERTAIN PROPERTY DAMAGE LOSSES WHICH MAY BE INCURRED OR SUSTAINED BY ANY
OF THEM IN CONNECTION WITH THE USE AND OPERATION OF THEIR RESPECTIVE
FACILITIES AND IN THE CONDUCT OF THEIR RESPECTIVE ACTIVITIES, THE TRUST,
POOLING ARRANGEMENT OR OTHER ENTITY ESTABLISHED IN ORDER TO PROVIDE SUCH
BENEFITS TO SUCH PARTICIPANTS BEING REFERRED TO IN THIS SECTION AS THE
"EXCESS LOSS FUND". PRIOR TO THE ISSUANCE OF ANY BONDS OR NOTES, OTHER
THAN REFUNDING BONDS OR NOTES, AUTHORIZED BY THIS SECTION, THE AUTHORITY
SHALL MAKE A FINDING THAT SUCH ISSUE IS EXPECTED TO RESULT, ON A PRESENT
VALUE BASIS, IN A LOWER EFFECTIVE COST TO THE PARTICIPATING AUTHORITIES
THAN FUNDING THE REQUIREMENTS OF THE EXCESS LOSS FUND SOLELY THROUGH THE
PAYMENT OF PREMIUMS AND ASSESSMENTS BY SUCH PARTICIPATING AUTHORITIES.
2. IN ORDER TO EFFECTUATE THE PURPOSES OF THE EXCESS LOSS FUND, THE
AUTHORITY SHALL, SUBJECT TO THE PROVISIONS OF THIS SECTION, HAVE ALL THE
POWERS PROVIDED ELSEWHERE IN THIS TITLE AND MAY:
(A) ACCEPT THE NOTES, BONDS AND OTHER CONTRACTUAL OBLIGATIONS OF THE
EXCESS LOSS FUND FOR FUNDS PROVIDED TO IT BY THE AUTHORITY;
(B) OBTAIN SECURITY FOR THE PAYMENT BY THE EXCESS LOSS FUND OF ITS
NOTES, BONDS AND OTHER CONTRACTUAL OBLIGATIONS ISSUED TO THE AUTHORITY,
INCLUDING A PLEDGE OF ALL OR ANY PART OF THE ASSETS AND REVENUES OF THE
EXCESS LOSS FUND, INCLUDING ITS RECEIPTS AND RIGHTS TO RECEIVE PREMIUMS,
ASSESSMENTS, REIMBURSEMENTS AND OTHER PAYMENTS FROM THE PARTICIPANTS IN
THE EXCESS LOSS FUND, WHICH PLEDGE MAY CONTAIN COVENANTS WITH RESPECT TO
THE CHARGING AND FIXING BY ACTUARIAL ESTIMATES, WHERE APPROPRIATE, OF
PREMIUMS, ASSESSMENTS, REIMBURSEMENTS AND OTHER PAYMENTS AND THE USE AND
DISPOSITION THEREOF; AND
(C) ENTER INTO CONTRACTS WITH THE EXCESS LOSS FUND AND WITH THE
PARTICIPANTS THEREIN, ON SUCH TERMS AND CONDITIONS AS THE PARTIES MAY
AGREE, WITH RESPECT TO THE PAYMENT OF PREMIUMS, ASSESSMENTS, REIMBURSE-
MENTS AND OTHER PAYMENTS TO THE EXCESS LOSS FUND AND THE NATURE AND
EXTENT OF THE BENEFITS TO BE PAID BY THE EXCESS LOSS FUND TO SUCH
PARTICIPANTS.
3. THE BONDS AND NOTES OF THE AUTHORITY AUTHORIZED BY THIS SECTION
SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE AUTHORITY, BUT SHALL BE
SPECIAL OBLIGATIONS OF THE AUTHORITY PAYABLE AS TO PRINCIPAL, REDEMPTION
PREMIUM, IF ANY, AND INTEREST SOLELY FROM THE SECURITY, SOURCES OF
PAYMENT AND FUNDS OBTAINED FROM OR ON BEHALF OF THE EXCESS LOSS FUND,
ALL IN THE MANNER MORE PARTICULARLY PROVIDED BY THE AUTHORITY IN THE
RESOLUTION UNDER WHICH SUCH BONDS AND NOTES SHALL BE AUTHORIZED TO BE
ISSUED.
4. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AND NOTES ISSUED FOR THE
PURPOSES ENUMERATED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT EXCEED
SEVENTY-FIVE MILLION DOLLARS, EXCLUDING: (A) BONDS AND NOTES ISSUED TO
FUND COSTS OF ISSUANCE AND ANY REASONABLY REQUIRED DEBT SERVICE RESERVE
FUND FOR SUCH BONDS OR NOTES; (B) AN AMOUNT EQUAL TO ANY ORIGINAL ISSUE
DISCOUNT FROM THE PRINCIPAL AMOUNT OF ANY BONDS OR NOTES ISSUED; AND (C)
BONDS AND NOTES ISSUED TO REFUND OR OTHERWISE REPAY BONDS OR NOTES THER-
ETOFORE ISSUED FOR SUCH PURPOSES, PROVIDED, HOWEVER, THAT UPON ANY SUCH
REFUNDING OR REPAYMENT OF THE TOTAL AGGREGATE PRINCIPAL AMOUNT OF
OUTSTANDING BONDS AND NOTES, INCLUDING FOR PURPOSE OF SUCH CALCULATION
THE PRINCIPAL AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO BE ISSUED
AND EXCLUDING THE PRINCIPAL AMOUNT OF THE BONDS OR NOTES SO TO BE
REFUNDED OR REPAID AND ANY AMOUNTS EXCLUDED UNDER PARAGRAPH (A) OR (B)
OF THIS SUBDIVISION, MAY BE GREATER THAN SEVENTY-FIVE MILLION DOLLARS,
S. 5555 155
ONLY IF THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING
OR REPAYMENT BONDS OR NOTES TO BE ISSUED SHALL NOT EXCEED THE PRESENT
VALUE OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE
REFUNDED OR REPAID. FOR PURPOSES OF PARAGRAPH (C) OF THIS SUBDIVISION,
THE PRESENT VALUES OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR
REPAYMENT BONDS OR NOTES AND OF THE AGGREGATE DEBT SERVICE OF THE BONDS
OR NOTES SO TO BE REFUNDED OR REPAID, SHALL BE CALCULATED BY UTILIZING
THE EFFECTIVE INTEREST RATE OF THE REFUNDING OR REPAYMENT BONDS OR
NOTES, WHICH SHALL BE THAT RATE ARRIVED AT BY DOUBLING THE SEMI-ANNUAL
INTEREST RATE, COMPOUNDED SEMI-ANNUALLY, NECESSARY TO DISCOUNT THE DEBT
SERVICE PAYMENTS ON THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE
PAYMENT DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR REPAYMENT
BONDS OR NOTES AND TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST
OR PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED INTER-
EST FROM THE SALE THEREOF.
5. THE TERM "EXCESS LOSS FUND" AS USED IN THIS SECTION SHALL NOT
INCLUDE ANY TRUST, POOLING ARRANGEMENTS OR OTHER ENTITY: (A) WHICH
PROVIDES OR OFFERS TO PROVIDE REIMBURSEMENT OR FUNDING FOR LOSSES OR
LIABILITIES TO ANY ENTITY OTHER THAN THE AUTHORITY AND ITS SUBSIDIARIES;
OR (B) IN WHICH ANY ENTITY OTHER THAN THE AUTHORITY AND ITS SUBSIDIARIES
HOLDS AN EQUITY INTEREST.
§ 1349-PPPP. AUTHORITY POLICE FORCE. 1. THE AUTHORITY IS HEREBY
AUTHORIZED AND EMPOWERED, TO PROVIDE AND MAINTAIN AN AUTHORITY POLICE
DEPARTMENT AND A UNIFORMED AUTHORITY POLICE FORCE. EACH MEMBER OF SUCH
UNIFORMED POLICE FORCE SHALL BE A "POLICE OFFICER" FOR THE PURPOSES OF
THE CRIMINAL PROCEDURE LAW, WITH ALL OF THE POWERS OF SUCH POLICE OFFI-
CERS THEREUNDER AND SUBJECT TO THE SAME JURISDICTIONAL PROVISIONS ON THE
EXERCISE OF THAT POWER AS SET FORTH IN SUCH LAW. THE GEOGRAPHICAL AREA
OF EMPLOYMENT OF SUCH POLICE OFFICERS FOR THE PURPOSES OF THE CRIMINAL
PROCEDURE LAW SHALL EMBRACE THE METROPOLITAN COMMUTER TRANSPORTATION
DISTRICT AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THIS ARTICLE.
SUCH DEPARTMENT AND FORCE SHALL HAVE THE POWER, IN AND ABOUT ANY OR ALL
OF THE FACILITIES OWNED, OCCUPIED AND/OR OPERATED BY THE AUTHORITY AND
ITS SUBSIDIARY CORPORATIONS, AS DETERMINED IN THE DISCRETION OF THE
AUTHORITY, TO ENFORCE AND PREVENT VIOLATION OF ALL LAWS AND ORDINANCES.
NOTHING HEREIN SHALL CONFER UPON THE AUTHORITY POLICE FORCE OR UPON
THEIR COLLECTIVE NEGOTIATIONS REPRESENTATIVES EXCLUSIVE JURISDICTION OR
CLAIM OVER THE EXERCISE OF POLICE POWER OR SECURITY WORK ON BEHALF OF
THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS. NOTHING HEREIN SHALL
LIMIT THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS FROM CONTINUING TO
RELY ON LOCAL POLICE FOR POLICE SERVICES. HOWEVER, TRADITIONAL POLICE
FUNCTIONS PREVIOUSLY PERFORMED BY THE LONG ISLAND RAIL ROAD COMPANY
AND/OR THE METRO-NORTH COMMUTER RAILROAD COMPANY POLICE FORCE SHALL
CONTINUE TO BE PERFORMED BY THE AUTHORITY POLICE FORCES.
2. INITIAL APPOINTMENTS TO SUCH AUTHORITY POLICE FORCE SHALL BE ALL
INCUMBENT POLICE OFFICERS FROM THE LONG ISLAND RAIL ROAD COMPANY AND/OR
THE METRO-NORTH COMMUTER RAILROAD COMPANY AT THE TIME OF SUCH APPOINT-
MENT. THE EXECUTIVE DIRECTOR OF THE AUTHORITY, THROUGH THE CHIEF OF
POLICE, SHALL HAVE THE POWER AND AUTHORITY TO APPOINT AND EMPLOY SUCH
NUMBER OF POLICE OFFICERS AS HE OR SHE DEEMS NECESSARY TO ACT AS POLICE
OFFICERS OF THE AUTHORITY AND TO ADMINISTER TO THE OFFICERS AN OATH OR
AFFIRMATION FAITHFULLY TO PERFORM THE DUTIES OF THEIR RESPECTIVE POSI-
TIONS OR OFFICES. UNLESS, AT THE TIME OF APPOINTMENT, THE PERSON IS A
POLICE OFFICER OF THE LONG ISLAND RAIL ROAD COMPANY OR THE METRO-NORTH
COMMUTER RAILROAD COMPANY, ONLY PERSONS WHO HAVE NEVER BEEN CONVICTED OF
A FELONY AND ARE CITIZENS OF THE UNITED STATES SHALL BE APPOINTED POLICE
S. 5555 156
OFFICERS ON THE AUTHORITY POLICE FORCE. AFTER THE INITIAL APPOINTMENTS
ARE MADE, SELECTION OF POLICE OFFICER CANDIDATES SHALL BE MADE PURSUANT
TO AN EXAMINATION PROCESS TO BE DETERMINED AT THE DISCRETION OF THE
AUTHORITY AND CANDIDATES SHALL RECEIVE A CERTIFICATE ATTESTING TO SATIS-
FACTORY COMPLETION OF AN APPROVED MUNICIPAL POLICE BASIC TRAINING
PROGRAM, AS DESCRIBED IN SECTION TWO HUNDRED NINE-Q OF THE GENERAL
MUNICIPAL LAW. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT UNLESS SUCH
PERSON IS NOT LESS THAN TWENTY YEARS OF AGE AS OF THE DATE OF APPOINT-
MENT NOR MORE THAN THIRTY-FIVE YEARS OF AGE AS OF THE DATE WHEN THE
APPLICANT TAKES THE WRITTEN EXAMINATION, PROVIDED, HOWEVER, THAT TIME
SPENT ON MILITARY DUTY OR ON TERMINAL LEAVE, NOT EXCEEDING A TOTAL OF
SIX YEARS, SHALL BE SUBTRACTED FROM THE AGE OF ANY APPLICANT WHO HAS
PASSED HIS OR HER THIRTY-FIFTH BIRTHDAY AS PROVIDED IN SUBDIVISION TEN-A
OF SECTION TWO HUNDRED FORTY-THREE OF THE MILITARY LAW. UPON APPOINT-
MENTS MADE BY TRANSFERRING AN ENTIRE GROUP OF POLICE OFFICERS INTO THE
AUTHORITY POLICE FORCE, THEREBY ELIMINATING SUCH OTHER GROUP OF POLICE
OFFICERS, THE AUTHORITY SHALL RECOGNIZE ANY REPRESENTATIVE PREVIOUSLY
CHOSEN BY THE POLICE OFFICERS FOR THE PURPOSES OF COLLECTIVE NEGOTI-
ATIONS CONSISTENT WITH THE BARGAINING UNITS ALREADY ESTABLISHED AND
SHALL ALSO ASSUME AND CONTINUE TO OBSERVE ANY EXISTING LABOR CONTRACTS
COVERING THESE POLICE OFFICERS INCLUDING SUCH PROVISIONS WHICH RELATE TO
THE GRIEVANCE AND DISCIPLINARY PROCEDURES AND INTEREST ARBITRATION.
SUBSEQUENT TO THE ESTABLISHMENT OF THE CONSOLIDATED POLICE FORCE THE
AUTHORITY AND THE COLLECTIVE BARGAINING REPRESENTATIVES SHALL BE AUTHOR-
IZED TO NEGOTIATE A MERGER OF THE SEPARATE BARGAINING UNITS.
3. THE AUTHORITY MAY APPOINT A CHIEF AND ONE OR MORE DEPUTY CHIEFS OF
THE AUTHORITY POLICE DEPARTMENT WHO, IN THE DISCRETION OF THE AUTHORITY,
MAY BE SELECTED FROM THE RANKS OF THE AUTHORITY POLICE FORCE, AND ASSIGN
POWERS AND DUTIES TO THEM AND FIX THEIR COMPENSATION. THE CHIEF SHALL BE
THE HEAD OF SUCH DEPARTMENT. THE DEPUTY CHIEF DESIGNATED BY THE CHIEF
SHALL POSSESS ALL THE POWERS AND PERFORM ALL THE DUTIES OF THE CHIEF
DURING HIS OR HER ABSENCE OR DISABILITY. THE AUTHORITY POLICE FORCE
SHALL CONSIST OF SUCH DIVISIONS, SUPERVISORS AND OFFICERS, INCLUDING BUT
NOT LIMITED TO POLICE OFFICERS, DETECTIVES, SERGEANTS, LIEUTENANTS AND
CAPTAINS AS DESIGNATED BY THE AUTHORITY. NOTWITHSTANDING ANY LAW OR
PROVISION TO THE CONTRARY, THE MEMBERS OF THE UNIFORMED AUTHORITY POLICE
FORCE SHALL NOT ACQUIRE CIVIL SERVICE STATUS OR BECOME MEMBERS OF THE
NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM, EXCEPT AS SET
FORTH IN THIS SECTION.
4. THE AUTHORITY SHALL PROVIDE FOR A TWENTY YEAR RETIREMENT PLAN UNDER
THE SAME TERMS AND CONDITIONS AS PROVIDED BY SECTION THREE HUNDRED
EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW AS ENACTED BY
CHAPTER SIX HUNDRED TWENTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED NINE-
TY-ONE; EXCEPT THAT:
(A) ANY BENEFIT PROVIDED PURSUANT TO SUCH PLAN SHALL BE SUBJECT TO AN
OFFSET, AS DEFINED IN THIS PARAGRAPH, FOR ANY TIER II BENEFIT PAYABLE
PURSUANT TO THE FEDERAL RAILROAD RETIREMENT ACT TO OR IN THE RESPECT OF
A MEMBER. THE OFFSET PROVIDED FOR BY THIS PARAGRAPH SHALL BE THE AMOUNT
OF THE TIER II BENEFIT WHICH WOULD BE PAYABLE TO OR IN RESPECT TO SUCH
MEMBER PURSUANT TO THE FEDERAL RAILROAD RETIREMENT ACT MULTIPLIED BY A
FRACTION, THE NUMERATOR OF WHICH IS THE MEMBER'S YEARS OF CREDITED
SERVICE COVERED BY THE FEDERAL RAILROAD RETIREMENT ACT RENDERED TO, OR
CREDITED BY, THE AUTHORITY OR ANY SUBSIDIARY CORPORATION OF THE AUTHORI-
TY, AND THE DENOMINATOR OF WHICH IS THE MEMBER'S TOTAL YEARS OF SERVICE
COVERED BY THE FEDERAL RAILROAD RETIREMENT ACT;
(B) REFERENCES TO THE LONG ISLAND RAIL ROAD SHALL BE TO THE AUTHORITY;
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(C) THE TRANSFER OF FUNDS DESCRIBED IN SUBDIVISION F OF SECTION THREE
HUNDRED EIGHTY-NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW AS ENACTED
BY CHAPTER SIX HUNDRED TWENTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED
NINETY-ONE SHALL INCLUDE THE METRO-NORTH COMMUTER RAILROAD COMPANY
DEFINED CONTRIBUTION PENSION PLAN FOR AGREEMENT EMPLOYEES;
(D) THE PROVISIONS OF SUBDIVISION G OF SECTION THREE HUNDRED EIGHTY-
NINE OF THE RETIREMENT AND SOCIAL SECURITY LAW AS ENACTED BY CHAPTER SIX
HUNDRED TWENTY-EIGHT OF THE LAWS OF NINETEEN HUNDRED NINETY-ONE TO THE
EXTENT OF REQUIRING CONTRIBUTIONS FOR PAST SERVICE LIABILITY SHALL NOT
BE APPLICABLE; AND
(E) WHEN A POLICE OFFICER TRANSFERRED FROM THE LONG ISLAND RAIL ROAD
COMPANY POLICE FORCE TO THE AUTHORITY POLICE FORCE REACHES AGE SIXTY-TWO
THE AUTHORITY WILL OFFSET THE AMOUNT PAYABLE UNDER THIS PLAN BY THE
AMOUNT OF TIER II BENEFIT PAYABLE FROM THE RAILROAD RETIREMENT BOARD FOR
A SERVICE AGE ANNUITY OR DISABILITY PAYABLE AT THE PARTICIPANTS AGE
SIXTY-TWO.
5. THE AUTHORITY MAY, IN ITS SOLE DISCRETION, ESTABLISH WITHIN THE
AUTHORITY'S DEFINED BENEFIT PROGRAM, A RETIREMENT PROGRAM CONSISTENT
WITH THE FOREGOING. IF THE AUTHORITY HAS NOT SO ESTABLISHED SUCH PROGRAM
IN ITS DEFINED BENEFIT PROGRAM WITHIN ONE HUNDRED EIGHTY DAYS AFTER
ENACTMENT, THEN THE AUTHORITY SHALL ELECT TO PARTICIPATE IN ARTICLE
FOURTEEN-B OF THE RETIREMENT AND SOCIAL SECURITY LAW.
6. IF THE AUTHORITY ELECTS TO PARTICIPATE IN THE NEW YORK STATE AND
LOCAL EMPLOYEES' RETIREMENT SYSTEM, SUCH ELECTION TO PARTICIPATE SHALL
BE MADE BY RESOLUTION FILED WITH THE COMPTROLLER AND ACCEPTED BY HIM OR
HER PURSUANT TO SECTION THIRTY-ONE OF THE RETIREMENT AND SOCIAL SECURITY
LAW.
7. NOTHING HEREIN CONTAINED SHALL BE DEEMED TO DIMINISH, SUSPEND OR
ABOLISH AN EXISTING BENEFIT INURED TO A POLICE OFFICER, TRANSFERRED FROM
THE LONG ISLAND RAIL ROAD COMPANY AND/OR METRO-NORTH COMMUTER RAILROAD
COMPANY POLICE FORCE AND SUBJECT TO THE PROVISIONS OF THIS SECTION IN
AND TO THE RIGHTS, PRIVILEGES OR STATUS PREVIOUSLY EARNED WITHIN A
PENSION OR RETIREMENT SYSTEM OF WHICH THEY WERE A MEMBER IMMEDIATELY
PRIOR TO THE ENACTMENT OF THIS SECTION; AND ANY SUCH EXISTING RIGHT,
PRIVILEGE OR STATUS SHALL SURVIVE THE EFFECT OF ANY DECISIONS OR DETER-
MINATIONS LAWFULLY MADE IN ACCORDANCE WITH THE PROVISIONS HEREOF SO LONG
AS SUCH RIGHT, PRIVILEGE OR STATUS IS GREATER IN BENEFIT TO THAT WHICH
WOULD BE IMPOSED OR IMPUTED TO ANY SUBJECT OFFICER AS A RESULT OF
ACTIONS OF THE AUTHORITY AUTHORIZED HEREIN.
§ 1349-QQQQ. THE PERMANENT CITIZENS ADVISORY COMMITTEE. THERE IS
HEREBY ESTABLISHED A PERMANENT CITIZENS ADVISORY COMMITTEE. THE MEMBERS
OF THE COMMITTEE SHALL CONSIST OF THE FOLLOWING MEMBERS: THE LONG ISLAND
RAIL ROAD COMMUTER COUNCIL AND THE METRO-NORTH COMMUTER COUNCIL.
§ 1349-RRRR. COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS. 1.
A COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS SHALL BE CREATED
AND ADOPTED BY THE COMMUTER TRANSPORTATION AUTHORITY. A COPY OF SUCH
PLEDGE SHALL BE POSTED ON THE WEBSITE OF THE AUTHORITY AND SHALL BE
POSTED IN STATIONS WHERE THE AUTHORITY MAKES REGULAR POSTINGS. THE
AUTHORITY SHALL POST THE PLEDGE IN THE LANGUAGE OR LANGUAGES IT DEEMS
NECESSARY AND APPROPRIATE.
2. THE COMMUTER TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS SHALL BE
IN THE FORM AND MANNER AS PRESCRIBED BY THE AUTHORITY, INCLUDE THE
CONTACT INFORMATION OF THE AUTHORITY, AND INCLUDE, BUT NOT BE LIMITED
TO, THE FOLLOWING:
(A) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO PROVIDE SAFE AND
RELIABLE SERVICES;
S. 5555 158
(B) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO PROVIDE TIMELY AND
ACCURATE INFORMATION ON ITS SERVICES;
(C) A COMMITMENT THAT EMPLOYEES WILL PROVIDE SERVICE IN A COURTEOUS
MANNER;
(D) A DESCRIPTION OF THE AUTHORITY'S COMMITMENT TO MAINTAIN CLEAN
STATIONS, FACILITIES, AND BUSES;
(E) A DESCRIPTION OF THE AUTHORITY'S POLICIES WHEN IT COMES TO ARRANG-
ING ALTERNATIVE TRANSPORTATION WHEN SERVICE IS INTERRUPTED;
(F) WHEN SERVICE IS INTERRUPTED, A DESCRIPTION OF THE AUTHORITY'S
POLICIES WHEN IT COMES TO CONSIDERING THE COMFORT OF INCONVENIENCED
CUSTOMERS;
(G) WHEN SERVICE IS INTERRUPTED DUE TO WEATHER CONDITIONS, A
DESCRIPTION OF THE AUTHORITY'S POLICIES ON NOTIFYING CUSTOMERS;
(H) WHEN SERVICE IS SEVERELY INTERRUPTED, A DESCRIPTION OF THE AUTHOR-
ITY'S POLICIES ON SERVICE RESTORATION.
3. THE AUTHORITY FROM TIME TO TIME MAY, UPDATE AND AMEND THE COMMUTER
TRANSPORTATION AUTHORITY PLEDGE TO CUSTOMERS AS IT DEEMS NECESSARY AND
PROPER AND MAY ADOPT RULES AND REGULATIONS FOR THE PROPER ADMINISTRATION
OF THIS SECTION.
§ 1349-SSSS. EXPIRED FARE TRANSFER POLICY. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY SHALL, WITHIN NINETY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION, ESTABLISH AN EXPIRED FARE
TRANSFER POLICY THAT MAY BE AMENDED FROM TIME TO TIME. SUCH POLICY SHALL
PROVIDE ANY PERSON WHO PURCHASES A FARE THE ABILITY TO TRANSFER ANY
REMAINING BALANCE FOR TWO YEARS AFTER SUCH FARE IS DEEMED EXPIRED.
§ 1349-TTTT. ACQUISITION AND DISPOSITION OF REAL PROPERTY. 1. IN
ADDITION TO THE POWERS PROVIDED IN SECTION THIRTEEN HUNDRED FORTY-NINE-
IIII OF THIS TITLE TO ACQUIRE TRANSPORTATION FACILITIES, EQUIPMENT AND
REAL PROPERTY, THE AUTHORITY MAY ACQUIRE, BY CONDEMNATION PURSUANT TO
THE CONDEMNATION LAW, ANY REAL PROPERTY IT MAY DEEM NECESSARY, CONVEN-
IENT OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS TITLE, PROVIDED
HOWEVER, THAT ANY SUCH CONDEMNATION PROCEEDINGS SHALL BE BROUGHT ONLY IN
THE SUPREME COURT AND THE COMPENSATION TO BE PAID SHALL BE ASCERTAINED
AND DETERMINED BY THE COURT WITHOUT A JURY. NOTWITHSTANDING THE FOREGO-
ING PROVISIONS OF THIS SUBDIVISION, NO REAL PROPERTY MAY BE ACQUIRED BY
THE AUTHORITY BY CONDEMNATION FOR PURPOSES OTHER THAN A TRANSPORTATION
FACILITY UNLESS THE GOVERNING BODY OF THE CITY, VILLAGE OR TOWN IN WHICH
SUCH REAL PROPERTY IS LOCATED SHALL FIRST CONSENT TO SUCH CONDEMNATION.
2. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED TO PREVENT THE AUTHORI-
TY FROM BRINGING ANY PROCEEDINGS TO REMOVE A CLOUD ON TITLE OR SUCH
OTHER PROCEEDINGS AS IT MAY, IN ITS DISCRETION, DEEM PROPER AND NECES-
SARY OR FROM ACQUIRING ANY SUCH PROPERTY BY NEGOTIATION OR PURCHASE.
3. WHERE A PERSON ENTITLED TO AN AWARD IN THE PROCEEDINGS TO CONDEMN
ANY REAL PROPERTY FOR ANY OF THE PURPOSES OF THIS TITLE REMAINS IN
POSSESSION OF SUCH PROPERTY AFTER THE TIME OF THE VESTING OF TITLE IN
THE CONDEMNOR, THE REASONABLE VALUE OF HIS OR HER USE AND OCCUPANCY OF
SUCH PROPERTY SUBSEQUENT TO SUCH TIME AS FIXED BY AGREEMENT OR BY THE
COURT IN SUCH PROCEEDINGS OR BY ANY COURT OF COMPETENT JURISDICTION
SHALL BE A LIEN AGAINST SUCH AWARD SUBJECT ONLY TO THE LIENS OF RECORD
AT THE TIME OF VESTING OF TITLE IN THE CONDEMNOR.
4. SUBJECT TO THE PROVISIONS OF SECTIONS THIRTEEN HUNDRED FORTY-NINE-
IIII OF THIS TITLE, TITLE TO ALL PROPERTY ACQUIRED UNDER THIS TITLE
SHALL VEST IN THE AUTHORITY OR ONE OF ITS SUBSIDIARY CORPORATIONS AS THE
AUTHORITY DIRECTS.
5. THE AUTHORITY MAY, WHENEVER IT DETERMINES THAT IT IS IN THE INTER-
EST OF THE AUTHORITY, DISPOSE OF ANY REAL PROPERTY OR PROPERTY OTHER
S. 5555 159
THAN REAL PROPERTY, WHICH IT DETERMINES IS NOT NECESSARY, CONVENIENT OR
DESIRABLE FOR ITS PURPOSES.
6. THE AUTHORITY MAY, WHENEVER IT SHALL DETERMINE THAT IT IS IN THE
INTEREST OF THE AUTHORITY, RENT, LEASE, OR GRANT EASEMENTS OR OTHER
RIGHTS IN, ANY LAND OR PROPERTY OF THE AUTHORITY.
§ 1349-UUUU. ACQUISITION AND DISPOSITION OF REAL PROPERTY BY DEPART-
MENT OF TRANSPORTATION. IF FUNDS ARE MADE AVAILABLE BY THE AUTHORITY FOR
THE PAYMENT OF THE COST AND EXPENSE OF THE ACQUISITION THEREOF, THE
COMMISSIONER OF TRANSPORTATION OF THE STATE OF NEW YORK, WHEN REQUESTED
BY THE AUTHORITY, MAY ACQUIRE SUCH REAL PROPERTY IN THE NAME OF THE
STATE AS MAY BE DETERMINED FROM TIME TO TIME BY THE AUTHORITY AS BEING
NECESSARY, CONVENIENT OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS
TITLE, MAY REMOVE THE OWNER OR OCCUPANT THEREOF WHERE NECESSARY AND
OBTAIN POSSESSION AND, WHEN REQUESTED BY THE AUTHORITY, MAY DISPOSE OF
ANY REAL PROPERTY SO ACQUIRED, ALL ACCORDING TO THE PROCEDURES PROVIDED
IN SECTION THIRTY OF THE HIGHWAY LAW. THE AUTHORITY SHALL HAVE THE RIGHT
TO POSSESS AND USE FOR ITS CORPORATE PURPOSES ALL SUCH REAL PROPERTY SO
ACQUIRED. CLAIMS FOR THE VALUE OF THE PROPERTY APPROPRIATED AND FOR
LEGAL DAMAGES CAUSED BY ANY SUCH APPROPRIATION SHALL BE ADJUSTED AND
DETERMINED BY SUCH COMMISSIONER WITH THE APPROVAL OF THE AUTHORITY OR BY
THE COURT OF CLAIMS AS PROVIDED IN SECTION THIRTY OF THE HIGHWAY LAW.
WHEN A CLAIM HAS BEEN FILED WITH THE COURT OF CLAIMS, THE CLAIMANT SHALL
CAUSE A COPY OF SUCH CLAIM TO BE SERVED UPON THE AUTHORITY AND THE
AUTHORITY SHALL HAVE THE RIGHT TO BE REPRESENTED AND HEARD BEFORE SUCH
COURT. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL BE PAID
OUT OF MONEYS OF THE AUTHORITY. NO REAL PROPERTY MAY BE ACQUIRED PURSU-
ANT TO THE PROVISIONS OF THIS SECTION FOR PURPOSES OTHER THAN A TRANS-
PORTATION FACILITY UNLESS THE GOVERNING BODY OF THE CITY, VILLAGE OR
TOWN IN WHICH SUCH REAL PROPERTY IS LOCATED SHALL FIRST CONSENT TO SUCH
ACQUISITION. THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE TO
THE ACQUISITION OR DISPOSITION OF REAL PROPERTY REQUIRED FOR THE
CONSTRUCTION OF THE TWO HIGHWAY BRIDGES CROSSING LONG ISLAND SOUND
REFERRED TO IN SECTION THIRTEEN HUNDRED FORTY-NINE-IIII OF THIS TITLE.
THE AUTHORITY SHALL BE EMPOWERED TO LEASE FOR SUCH OTHER PURPOSES AS THE
AUTHORITY MAY DETERMINE ANY PART OR PARTS OF REPUBLIC AIRPORT NOT NEEDED
FOR TRANSPORTATION PURPOSES.
§ 1349-VVVV. COOPERATION AND ASSISTANCE OF OTHER AGENCIES. 1. TO
AVOID DUPLICATION OF EFFORT AND IN THE INTERESTS OF ECONOMY, THE AUTHOR-
ITY MAY MAKE USE OF EXISTING STUDIES, SURVEYS, PLANS, DATA AND OTHER
MATERIALS IN THE POSSESSION OF ANY STATE AGENCY OR ANY MUNICIPALITY OR
POLITICAL SUBDIVISION OF THE STATE. EACH SUCH AGENCY, MUNICIPALITY OR
SUBDIVISION IS HEREBY AUTHORIZED TO MAKE THE SAME AVAILABLE TO THE
AUTHORITY AND OTHERWISE TO ASSIST IT IN THE PERFORMANCE OF ITS FUNC-
TIONS. AT THE REQUEST OF THE AUTHORITY, EACH SUCH AGENCY, MUNICIPALITY
OR SUBDIVISION WHICH IS ENGAGED IN HIGHWAY OR OTHER TRANSPORTATION
ACTIVITIES OR IN LAND USE OR DEVELOPMENT PLANNING, OR WHICH IS CHARGED
WITH THE DUTY OF PROVIDING OR REGULATING ANY TRANSPORTATION FACILITY OR
ANY OTHER PUBLIC FACILITY, IS FURTHER AUTHORIZED TO PROVIDE THE AUTHORI-
TY WITH INFORMATION REGARDING ITS PLANS AND PROGRAMS AFFECTING THE
TRANSPORTATION DISTRICT SO THAT THE AUTHORITY MAY HAVE AVAILABLE TO IT
CURRENT INFORMATION WITH RESPECT THERETO. THE OFFICERS AND PERSONNEL OF
SUCH AGENCIES, MUNICIPALITIES OR SUBDIVISIONS, AND OF ANY OTHER GOVERN-
MENT OR AGENCY WHATEVER, MAY SERVE AT THE REQUEST OF THE AUTHORITY UPON
SUCH ADVISORY COMMITTEES AS THE AUTHORITY SHALL DETERMINE TO CREATE AND
SUCH OFFICERS AND PERSONNEL MAY SERVE UPON SUCH COMMITTEES WITHOUT
S. 5555 160
FORFEITURE OF OFFICE OR EMPLOYMENT AND WITH NO LOSS OR DIMINUTION IN THE
COMPENSATION, STATUS, RIGHTS AND PRIVILEGES WHICH THEY OTHERWISE ENJOY.
2. THE AUTHORITY SHALL, AT THE REQUEST OF ANY STATE AGENCY, MUNICI-
PALITY OR POLITICAL SUBDIVISION OF THE STATE, ENGAGED IN HIGHWAY OR
OTHER TRANSPORTATION ACTIVITIES OR IN LAND USE OR DEVELOPMENT PLANNING,
PROVIDE SAID STATE AGENCY, MUNICIPALITY OR POLITICAL SUBDIVISION WITH
ALL CURRENT AND RELEVANT INFORMATION REGARDING ITS PLANS OR PROGRAMS, SO
AS TO ENABLE SAID AGENCY, MUNICIPALITY OR SUBDIVISION TO PROPERLY EFFEC-
TUATE SAID ACTIVITIES OR PLANNING.
3. TO THE EXTENT THAT THE PROVISIONS OF THIS TITLE AUTHORIZE THE
AUTHORITY TO ENTER INTO ANY AGREEMENT OR ARRANGEMENT WITH, OR UNDERTAKE
ANY OTHER ACTIVITY REQUIRING THE PARTICIPATION OF, THE BIG APPLE TRANS-
IT, THE NEW YORK CITY TRANSIT AUTHORITY OR ANY OF THEIR SUBSIDIARY
CORPORATIONS IN FURTHERANCE OF THEIR RESPECTIVE PURPOSES AND POWERS OR
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY IN FURTHERANCE OF ITS
PURPOSES AND POWERS, SUCH ENTITIES ARE HEREBY AUTHORIZED AND EMPOWERED
TO ENTER INTO AND PERFORM SUCH CONTRACT OR OTHER ARRANGEMENT AND TO
UNDERTAKE SUCH ACTIVITIES.
§ 1349-WWWW. PROMOTION OF QUALIFIED TRANSPORTATION FRINGES. THE
AUTHORITY SHALL PROMOTE THE BROAD USE OF QUALIFIED TRANSPORTATION FRING-
ES, UNDER SECTION 132(F) OF THE INTERNAL REVENUE CODE, IN ORDER TO
INCREASE THE NUMBER OF PARTICIPATING COMPANIES AND EMPLOYEES IN SUCH
PROGRAMS. THE AUTHORITY MAY ALSO STUDY AND REPORT ON WAYS IN WHICH
PROGRAMS MAY BE IMPROVED SO AS TO INCREASE PUBLIC PARTICIPATION.
§ 1349-XXXX. NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY. 1.
(A) THE AUTHORITY SHALL HAVE POWER AND IS HEREBY AUTHORIZED FROM TIME TO
TIME TO ISSUE ITS BONDS, NOTES AND OTHER OBLIGATIONS IN SUCH PRINCIPAL
AMOUNT AS, IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY, CONVEN-
IENT OR DESIRABLE TO EFFECTUATE ANY OF ITS POWERS AND PURPOSES, INCLUD-
ING TO PROVIDE SUFFICIENT FUNDS FOR ACHIEVING ITS PURPOSES, INCLUDING
THE ACQUISITION, ESTABLISHMENT, CONSTRUCTION, EFFECTUATION, OPERATION,
MAINTENANCE, RENOVATION, IMPROVEMENT, EXTENSION, REHABILITATION OR
REPAIR OF ANY TRANSPORTATION FACILITY, THE PAYMENT OF PRINCIPAL, REDEMP-
TION PREMIUM AND INTEREST ON BONDS, NOTES AND OTHER OBLIGATIONS OF THE
AUTHORITY, ESTABLISHMENT OF RESERVES TO SECURE SUCH BONDS, NOTES AND
OTHER OBLIGATIONS, THE PROVISION OF WORKING CAPITAL AND ALL OTHER
EXPENDITURES OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS INCIDENT
TO AND NECESSARY OR CONVENIENT TO CARRY OUT THEIR PURPOSES AND POWERS.
SUCH BONDS, NOTES OR OTHER OBLIGATIONS MAY BE ISSUED FOR AN INDIVIDUAL
TRANSPORTATION FACILITY OR ISSUED ON A CONSOLIDATED BASIS FOR SUCH
GROUPS OR CLASSES OF FACILITIES AND PROJECTS AS THE AUTHORITY IN ITS
DISCRETION DEEMS APPROPRIATE AND BE PAYABLE FROM AND SECURED SEPARATELY
OR ON A CONSOLIDATED BASIS BY, AMONG OTHER THINGS, ALL OR ANY PORTION OF
SUCH REVENUES AND OTHER MONIES AND ASSETS OF THE AUTHORITY AND ITS
SUBSIDIARY CORPORATIONS AS THE AUTHORITY DETERMINES IN ACCORDANCE WITH
THE PROVISIONS OF SECTION THIRTEEN HUNDRED FORTY-NINE-DDDDD OF THIS
TITLE;
(B) THE AUTHORITY SHALL HAVE POWER, FROM TIME TO TIME, TO ISSUE
RENEWAL NOTES, TO ISSUE BONDS TO REFUND, REDEEM OR OTHERWISE PAY,
INCLUDING BY PURCHASE OR TENDER, NOTES OF THE AUTHORITY AND ITS SUBSID-
IARY CORPORATIONS AND WHENEVER IT DEEMS REFUNDING, REDEMPTION OR PAYMENT
EXPEDIENT, TO REFUND, REDEEM OR OTHERWISE PAY, INCLUDING BY PURCHASE OR
TENDER, ANY BONDS OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, BY
THE ISSUANCE OF NEW BONDS, WHETHER THE BONDS TO BE REFUNDED, REDEEMED OR
OTHERWISE PAID HAVE OR HAVE NOT MATURED, AND TO ISSUE BONDS PARTLY FOR
SUCH PURPOSE AND PARTLY FOR ANY OTHER PURPOSE AND TO OTHERWISE REFUND,
S. 5555 161
REDEEM, ACQUIRE BY PURCHASE OR TENDER, OR IN ANY OTHER WAY REPAY ANY
OUTSTANDING NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY, AND ANY
OF ITS SUBSIDIARY CORPORATIONS;
(C) EVERY ISSUE OF ITS NOTES, BONDS OR OTHER OBLIGATIONS SHALL BE
GENERAL OBLIGATIONS OR SPECIAL OBLIGATIONS. EVERY ISSUE OF GENERAL OBLI-
GATIONS OF THE AUTHORITY SHALL BE PAYABLE OUT OF ANY REVENUES OR MONIES
OF THE AUTHORITY, SUBJECT ONLY TO ANY AGREEMENTS WITH THE HOLDERS OF
PARTICULAR NOTES OR BONDS PLEDGING ANY PARTICULAR RECEIPTS OR REVENUES.
EVERY ISSUE OF SPECIAL OBLIGATIONS SHALL BE PAYABLE OUT OF ANY REVENUES,
RECEIPTS, MONIES OR OTHER ASSETS OF THE AUTHORITY AND ITS SUBSIDIARY
CORPORATIONS, IDENTIFIED FOR SUCH PURPOSES IN ACCORDANCE WITH AGREEMENTS
WITH THE HOLDERS OF PARTICULAR NOTES, BONDS OR OTHER OBLIGATIONS. THE
AUTHORITY MAY ISSUE TRANSPORTATION REVENUE SPECIAL OBLIGATION BONDS,
NOTES OR OTHER OBLIGATIONS AS PROVIDED IN SECTION THIRTEEN HUNDRED
FORTY-NINE-EEEEE OF THIS TITLE;
2. THE AUTHORITY MAY FROM TIME TO TIME ISSUE ITS BONDS AND NOTES IN
SUCH PRINCIPAL AMOUNTS AS, IN THE OPINION OF THE AUTHORITY, SHALL BE
NECESSARY TO FINANCE THE UNFUNDED PENSION FUND LIABILITIES OF THE
AUTHORITY, ITS AFFILIATES AND SUBSIDIARIES, PROVIDED, HOWEVER, THAT IN
NO EVENT SHALL THE CUMULATIVE AMOUNTS OF BONDS AND NOTES ISSUED PURSUANT
TO THE AUTHORITY OF THIS SUBDIVISION EXCEED ONE BILLION TWO HUNDRED
MILLION DOLLARS OR SIXTY PERCENT OF SUCH UNFUNDED PENSION FUND LIABIL-
ITIES, WHICHEVER IS LESS, AND PROVIDED, FURTHER, THAT NO BONDS SHALL BE
ISSUED UNDER THIS SUBDIVISION FOR A TERM LONGER THAN TWENTY YEARS. THE
AUTHORITY SHALL NOT ISSUE BONDS OR NOTES IN ANY TWELVE-MONTH PERIOD IN A
CUMULATIVE PRINCIPAL AMOUNT IN EXCESS OF FORTY PERCENT OF THE TOTAL
AMOUNT PERMITTED TO BE ISSUED UNDER THIS SUBDIVISION. PRIOR TO THE ISSU-
ANCE OF ANY BONDS OR NOTES, THE AUTHORITY SHALL MAKE A FINDING THAT SUCH
ISSUE IS EXPECTED TO RESULT, ON A PRESENT VALUE BASIS, IN A LOWER EFFEC-
TIVE COST TO THE AUTHORITY THAN FUNDING THE UNFUNDED PENSION FUND
LIABILITY SOLELY THROUGH THE PAYMENT OF ANNUAL AMOUNTS TO THE PENSION
FUND, ASSUMING THAT THE PRINCIPAL COMPONENT OF THE UNFUNDED LIABILITY
WILL BE AMORTIZED OVER THE SAME NUMBER OF YEARS AS THE TERM OF THE BONDS
OR NOTES AND THAT THE INTEREST PAYABLE THEREON IS THE ACTUARIAL RATE OF
INTEREST DETERMINED BY THE ACTUARY FOR THE PENSION FUND AT THE TIME OF
THE ISSUANCE OF SUCH BONDS OR NOTES. THE AGGREGATE PRINCIPAL AMOUNT OF
BONDS AND NOTES ISSUED FOR SUCH PURPOSES MAY BE INCREASED TO FUND COSTS
OF ISSUANCE AND MAY REASONABLY REQUIRE DEBT SERVICE OF OTHER RESERVE
FUNDS. BONDS AND NOTES MAY BE ISSUED TO REFUND OR OTHERWISE REPAY BONDS
OR NOTES THERETOFORE ISSUED FOR SUCH PURPOSES; PROVIDED, HOWEVER, THAT
UPON ANY SUCH REFUNDING OR REPAYMENT, INCLUDING FOR THE PURPOSE OF SUCH
CALCULATION THE PRINCIPAL AMOUNT OF THE REFUNDING BONDS OR NOTES THEN TO
BE ISSUED AND EXCLUDING THE PRINCIPAL AMOUNT OF THE BONDS OR NOTES SO TO
BE REFUNDED OR REPAID AND ALSO EXCLUDING ANY AMOUNTS USED TO PAY COSTS
OF ISSUANCE AND REASONABLY REQUIRED DEBT SERVICE OR OTHER RESERVE FUNDS,
THE PRESENT VALUE OF THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR
REPAYMENT BONDS OR NOTES TO BE ISSUED SHALL NOT EXCEED THE PRESENT VALUE
OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE REFUNDED OR
REPAID. FOR PURPOSES OF THE PRECEDING SENTENCE, THE PRESENT VALUES OF
THE AGGREGATE DEBT SERVICE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES
AND OF THE AGGREGATE DEBT SERVICE OF THE BONDS OR NOTES SO TO BE
REFUNDED OR REPAID SHALL BE CALCULATED BY UTILIZING THE EFFECTIVE INTER-
EST RATE OF THE REFUNDING OR REPAYMENT BONDS OR NOTES, WHICH SHALL BE
THAT RATE ARRIVED AT BY DOUBLING THE SEMI-ANNUAL INTEREST RATE,
COMPOUNDED SEMI-ANNUALLY, NECESSARY TO DISCOUNT THE DEBT SERVICE
PAYMENTS ON THE REFUNDING OR REPAYMENT BONDS OR NOTES FROM THE PAYMENT
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DATES THEREOF TO THE DATE OF ISSUE OF THE REFUNDING OR REPAYMENT BONDS
OR NOTES AND TO THE PRICE BID INCLUDING ESTIMATED ACCRUED INTEREST OR
PROCEEDS RECEIVED BY THE AUTHORITY INCLUDING ESTIMATED ACCRUED INTEREST
FROM THE SALE THEREOF. DEBT SERVICE ON THE BONDS OR NOTES SHALL BE
STRUCTURED SO THAT THE ECONOMIC BENEFITS THEREOF SHALL BE RELATIVELY
UNIFORM FOR EACH FULL YEAR THROUGHOUT THE TERM OF THE BONDS OR NOTES.
BEGINNING WITH THE DATE OF FIRST ISSUANCE OF BONDS UNDER THIS SECTION,
THE AUTHORITY AND ITS SUBSIDIARIES SHALL MAKE ANNUAL PAYMENTS INTO THE
PENSION FUND IN AMOUNTS AT LEAST EQUAL TO THE CURRENT PENSION CONTRIB-
UTION LIABILITY APPLICABLE TO SUCH YEAR. THE NET PROCEEDS OF THE BONDS
OR NOTES INTENDED TO BE INVESTED IN NON-DEBT SECURITIES MAY BE INVESTED
BY THE RECIPIENT PENSION FUND IN A FISCALLY PRUDENT MANNER IN SECURITIES
CONSISTENT WITH ANY TRUST INDENTURES AND ALL APPLICABLE STATE AND FEDER-
AL LAW OVER A REASONABLE PERIOD OF TIME NOT LESS THAN THIRTY DAYS
FOLLOWING THE ISSUANCE OF THE BONDS OR NOTES. THE OPERATING BUDGET
SAVINGS ASSOCIATED WITH THE ISSUANCE OF PENSION OBLIGATION BONDS PURSU-
ANT TO THIS SUBDIVISION SHALL BE DEDICATED TO REDUCING SERVICE ELIMI-
NATIONS PROJECTED TO OCCUR WITHIN THAT PERIOD.
3. THE NOTES, BONDS AND OTHER OBLIGATIONS SHALL BE AUTHORIZED BY
RESOLUTION APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER
OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT OF
A TIE VOTE THE CHAIRPERSON SHALL CAST ONE ADDITIONAL VOTE. SUCH NOTES,
BONDS AND OTHER OBLIGATIONS SHALL BEAR SUCH DATE OR DATES, AND SHALL
MATURE AT SUCH TIME OR TIMES, IN THE CASE OF ANY SUCH NOTE OR ANY
RENEWALS THEREOF NOT EXCEEDING FIVE YEARS FROM THE DATE OF ISSUE OF SUCH
ORIGINAL NOTE, AND IN THE CASE OF ANY SUCH BOND NOT EXCEEDING FIFTY
YEARS FROM THE DATE OF ISSUE, AS SUCH RESOLUTION OR RESOLUTIONS MAY
PROVIDE. THE NOTES, BONDS AND OTHER OBLIGATIONS SHALL BEAR INTEREST AT
SUCH RATE OR RATES, BE IN SUCH DENOMINATIONS, BE IN SUCH FORM, EITHER
COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN
SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT, AT SUCH PLACE OR
PLACES AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION OR
RESOLUTIONS MAY PROVIDE. THE NOTES, BONDS AND OTHER OBLIGATIONS OF THE
AUTHORITY MAY BE SOLD BY THE AUTHORITY, AT PUBLIC OR PRIVATE SALE, AT
SUCH PRICE OR PRICES AS THE AUTHORITY SHALL DETERMINE. NO NOTES OR BONDS
OF THE AUTHORITY MAY BE SOLD BY THE AUTHORITY AT PRIVATE SALE, HOWEVER,
UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING BY
(A) THE COMPTROLLER, WHERE SUCH SALE IS NOT TO THE COMPTROLLER, OR (B)
THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS TO THE COMPTROLLER.
4. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES, BONDS OR ANY
ISSUE THEREOF, OR ANY OTHER OBLIGATIONS OF THE AUTHORITY, MAY CONTAIN
PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THER-
EOF, AS TO:
(A) PLEDGING ALL OR ANY PART OF THE REVENUES OF THE AUTHORITY OR OF
ANY OF ITS SUBSIDIARY CORPORATIONS TO SECURE THE PAYMENT OF THE NOTES OR
BONDS OR OF ANY ISSUE THEREOF, OR ANY OTHER OBLIGATIONS OF THE AUTHORI-
TY, SUBJECT TO SUCH APPLICABLE AGREEMENTS WITH BONDHOLDERS, NOTEHOLDERS,
OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORITY AND THE METROPOLITAN
TRANSPORTATION AUTHORITY, AS MAY THEN EXIST;
(B) PLEDGING ALL OR ANY PART OF THE ASSETS OF THE AUTHORITY OR OF ANY
OF ITS SUBSIDIARY CORPORATIONS TO SECURE THE PAYMENT OF THE NOTES OR
BONDS OR OF ANY ISSUE OF NOTES OR BONDS, OR ANY OTHER OBLIGATIONS OF THE
AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH NOTEHOLDERS, BONDHOLDERS, OR
HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORITY AS MAY THEN EXIST;
S. 5555 163
(C) THE USE AND DISPOSITION OF REVENUES, INCLUDING FARES, TOLLS,
RENTALS, RATES, CHARGES AND OTHER FEES, MADE OR RECEIVED BY THE AUTHORI-
TY, OR ANY OF ITS SUBSIDIARY CORPORATIONS;
(D) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS AND THE REGULATION
AND DISPOSITION THEREOF;
(E) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF NOTES,
BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY MAY BE APPLIED AND PLEDGING
SUCH PROCEEDS TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY
ISSUE THEREOF OR OF OTHER OBLIGATIONS;
(F) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL NOTES, BONDS OR OTHER
OBLIGATIONS OF THE AUTHORITY; THE TERMS UPON WHICH ADDITIONAL NOTES,
BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY MAY BE ISSUED AND SECURED;
THE REFUNDING OF OUTSTANDING OR OTHER NOTES, BONDS OR OTHER OBLIGATIONS
OF THE AUTHORITY;
(G) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
NOTEHOLDERS, BONDHOLDERS, OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHOR-
ITY, MAY BE AMENDED OR ABROGATED, THE AMOUNT OF NOTES, BONDS OR OTHER
OBLIGATIONS OF THE AUTHORITY THE HOLDERS OF WHICH SHALL CONSENT THERETO,
AND THE MANNER IN WHICH SUCH CONSENT MAY BE GIVEN;
(H) LIMITATIONS ON THE AMOUNT OF MONIES TO BE EXPENDED BY THE AUTHORI-
TY OR ANY OF ITS SUBSIDIARY CORPORATIONS FOR OPERATING, ADMINISTRATIVE
OR OTHER EXPENSES OF THE AUTHORITY OR ANY OF ITS SUBSIDIARY CORPO-
RATIONS;
(I) VESTING IN A TRUSTEE OR TRUSTEES SUCH PROPERTY, RIGHTS, POWERS AND
DUTIES IN TRUST AS THE AUTHORITY MAY DETERMINE, WHICH MAY INCLUDE ANY OR
ALL OF THE RIGHTS, POWERS AND DUTIES OF THE TRUSTEE APPOINTED BY THE
BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
TY PURSUANT TO THIS TITLE, AND LIMITING OR ABROGATING THE RIGHT OF THE
BONDHOLDERS, NOTEHOLDERS OR HOLDERS OF OTHER OBLIGATIONS OF THE AUTHORI-
TY TO APPOINT A TRUSTEE UNDER THIS ARTICLE OR LIMITING THE RIGHTS,
POWERS AND DUTIES OF SUCH TRUSTEE;
(J) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES, BONDS OR OTHER OBLI-
GATIONS OF THE AUTHORITY.
5. IN ADDITION TO THE POWERS HEREIN CONFERRED UPON THE AUTHORITY TO
SECURE ITS NOTES, BONDS AND OTHER OBLIGATIONS, THE AUTHORITY SHALL HAVE
POWER IN CONNECTION WITH THE ISSUANCE OF NOTES, BONDS AND OTHER OBLI-
GATIONS TO ENTER INTO SUCH AGREEMENTS AS THE AUTHORITY MAY DEEM NECES-
SARY, CONVENIENT OR DESIRABLE CONCERNING THE USE OR DISPOSITION OF THE
MONIES OR PROPERTY OF ANY OF THE AUTHORITY, ITS SUBSIDIARY CORPORATIONS,
INCLUDING THE MORTGAGING OF ANY SUCH PROPERTY AND THE ENTRUSTING, PLEDG-
ING OR CREATION OF ANY OTHER SECURITY INTEREST IN ANY SUCH MONIES OR
PROPERTY AND THE DOING OF ANY ACT, INCLUDING REFRAINING FROM DOING ANY
ACT, WHICH THE AUTHORITY WOULD HAVE THE RIGHT TO DO IN THE ABSENCE OF
SUCH AGREEMENTS. THE AUTHORITY SHALL HAVE POWER TO ENTER INTO AMENDMENTS
OF ANY SUCH AGREEMENTS WITHIN THE POWERS GRANTED TO THE AUTHORITY BY
THIS TITLE AND TO PERFORM SUCH AGREEMENTS. THE PROVISIONS OF ANY SUCH
AGREEMENTS MAY BE MADE A PART OF THE CONTRACT WITH THE HOLDERS OF THE
NOTES, BONDS AND OTHER OBLIGATIONS OF THE AUTHORITY.
6. IT IS THE INTENTION HEREOF THAT ANY PLEDGE, MORTGAGE OR SECURITY
INSTRUMENT MADE BY THE AUTHORITY SHALL BE VALID AND BINDING FROM THE
TIME WHEN THE PLEDGE, MORTGAGE OR SECURITY INSTRUMENT IS MADE; THAT THE
MONIES OR PROPERTY SO PLEDGED, MORTGAGED AND ENTRUSTED AND THEREAFTER
RECEIVED BY THE AUTHORITY, OR ANY OF ITS SUBSIDIARY CORPORATIONS SHALL
IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE, MORTGAGE OR SECURITY
INSTRUMENT WITHOUT ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT; AND
S. 5555 164
THAT THE LIEN OF ANY SUCH PLEDGE, MORTGAGE OR SECURITY INSTRUMENT SHALL
BE VALID AND BINDING AS AGAINST ALL PARTIES HAVING CLAIMS OF ANY KIND IN
TORT, CONTRACT OR OTHERWISE AGAINST THE AUTHORITY, OR ANY OF ITS SUBSID-
IARY CORPORATIONS, IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE
THEREOF. NEITHER THE RESOLUTION NOR ANY MORTGAGE, SECURITY INSTRUMENT
OR OTHER INSTRUMENT BY WHICH A PLEDGE, MORTGAGE LIEN OR OTHER SECURITY
IS CREATED NEED BE RECORDED OR FILED AND NEITHER THE AUTHORITY NOR, ANY
OF ITS SUBSIDIARY CORPORATIONS SHALL BE REQUIRED TO COMPLY WITH ANY OF
THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE.
7. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING THE
NOTES, BONDS OR OTHER OBLIGATIONS SHALL BE LIABLE PERSONALLY ON THE
NOTES, BONDS OR OTHER OBLIGATIONS OR BE SUBJECT TO ANY PERSONAL LIABIL-
ITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF.
8. THE AUTHORITY, SUBJECT TO SUCH AGREEMENTS WITH THE HOLDERS OF
NOTES, BONDS OR OTHER OBLIGATIONS AS MAY THEN EXIST, SHALL HAVE POWER
OUT OF ANY FUNDS AVAILABLE THEREFOR TO PURCHASE NOTES, BONDS OR OTHER
OBLIGATIONS OF THE AUTHORITY. THE AUTHORITY MAY HOLD, CANCEL OR SELL
SUCH BONDS, NOTES AND OTHER OBLIGATIONS, SUBJECT TO AND IN ACCORDANCE
WITH AGREEMENTS WITH SUCH HOLDERS.
9. NEITHER THE STATE NOR THE CITY OF NEW YORK SHALL BE LIABLE ON
NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY AND SUCH NOTES, BONDS
AND OTHER OBLIGATIONS SHALL NOT BE A DEBT OF THE STATE OR THE CITY OF
NEW YORK, AND SUCH NOTES, BONDS AND OTHER OBLIGATIONS SHALL CONTAIN ON
THE FACE THEREOF, OR IN AN EQUALLY PROMINENT PLACE, A STATEMENT TO SUCH
EFFECT.
10. SO LONG AS THE AUTHORITY HAS ANY OUTSTANDING BONDS, NOTES OR OTHER
OBLIGATIONS ISSUED PURSUANT TO THIS SECTION, NONE OF THE AUTHORITY OR
ANY OF ITS SUBSIDIARY CORPORATIONS SHALL HAVE THE AUTHORITY TO FILE A
VOLUNTARY PETITION UNDER CHAPTER NINE OF THE FEDERAL BANKRUPTCY CODE OR
SUCH CORRESPONDING CHAPTER, CHAPTERS OR SECTIONS AS MAY, FROM TIME TO
TIME, BE IN EFFECT, AND NEITHER ANY PUBLIC OFFICER NOR ANY ORGANIZATION,
ENTITY OR OTHER PERSON SHALL AUTHORIZE THE AUTHORITY OR ANY OF ITS
SUBSIDIARY CORPORATIONS TO BE OR BECOME A DEBTOR UNDER CHAPTER NINE OR
SAID CORRESPONDING CHAPTER, CHAPTERS OR SECTIONS DURING ANY SUCH PERIOD.
11. THE TERM "MONIES" AS USED IN THIS SECTION SHALL INCLUDE, BUT NOT
BE LIMITED TO, ALL OPERATING SUBSIDIES PROVIDED BY: (I) ANY PUBLIC BENE-
FIT CORPORATION; OR (II) ANY GOVERNMENTAL ENTITY, FEDERAL, STATE OR
LOCAL AND SHALL EXCLUDE ALL FUNDS REQUIRED TO BE TRANSFERRED TO THE
METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION THIRTEEN
HUNDRED FORTY-NINE-IIII OF THIS TITLE.
12. ANY RESOLUTION OR AGREEMENT AUTHORIZING THE ISSUANCE OF BONDS,
NOTES OR OTHER OBLIGATIONS PURSUANT TO THIS SECTION MAY, IN ADDITION,
AUTHORIZE AND PROVIDE FOR THE ISSUANCE OF LEASE OBLIGATIONS OF THE
AUTHORITY WHICH MAY BE ISSUED FOR THE PURPOSES AND ON THE TERMS AND
CONDITIONS UNDER WHICH THE BONDS, NOTES AND OTHER OBLIGATIONS AUTHORIZED
UNDER THIS SECTION MAY BE ISSUED, AND MAY BE SECURED IN THE SAME MANNER
AS SUCH BONDS, NOTES AND OTHER OBLIGATIONS, AND WHICH RESOLUTION WITH
RESPECT TO SUCH LEASE OBLIGATIONS, MAY CONTAIN SUCH OTHER PROVISIONS
APPLICABLE TO BONDS, NOTES AND OTHER OBLIGATIONS NOT INCONSISTENT WITH
THE PROVISIONS OF THIS SECTION, AS THE AUTHORITY MAY DETERMINE.
13. THE AGGREGATE PRINCIPAL AMOUNT OF BONDS, NOTES OR OTHER OBLI-
GATIONS ISSUED AFTER THE EFFECTIVE DATE OF THIS TITLE BY THE AUTHORITY
TO FUND PROJECTS CONTAINED IN CAPITAL PROGRAM PLANS APPROVED PURSUANT TO
SECTION THIRTEEN HUNDRED FORTY-NINE-YYYY OF THIS TITLE FOR THE NEW CAPI-
TAL PROGRAM PERIOD SHALL NOT EXCEED THE NEW CAPITAL PROGRAM DEBT LIMIT.
SUCH AGGREGATE PRINCIPAL AMOUNT OF BONDS, NOTES OR OTHER OBLIGATIONS OR
S. 5555 165
THE EXPENDITURE THEREOF SHALL NOT BE SUBJECT TO ANY LIMITATION CONTAINED
IN ANY OTHER PROVISION OF LAW ON THE PRINCIPAL AMOUNT OF BONDS, NOTES OR
OTHER OBLIGATIONS OR THE EXPENDITURE THEREOF APPLICABLE TO THE AUTHORI-
TY. THE AGGREGATE LIMITATION ESTABLISHED BY THIS SUBDIVISION SHALL NOT
INCLUDE:
(A) OBLIGATIONS ISSUED TO REFUND, REDEEM OR OTHERWISE REPAY, INCLUDING
BY PURCHASE OR TENDER, OBLIGATIONS THERETOFORE ISSUED EITHER BY THE
ISSUER OF SUCH REFUNDING OBLIGATIONS OR BY THE AUTHORITY;
(B) OBLIGATIONS ISSUED TO FUND ANY DEBT SERVICE OR OTHER RESERVE FUNDS
FOR SUCH OBLIGATIONS;
(C) OBLIGATIONS ISSUED OR INCURRED TO FUND THE COSTS OF ISSUANCE, THE
PAYMENT OF AMOUNTS REQUIRED UNDER BOND AND NOTE FACILITIES, FEDERAL OR
OTHER GOVERNMENTAL LOANS, SECURITY OR CREDIT ARRANGEMENTS OR OTHER
AGREEMENTS RELATED THERETO AND THE PAYMENT OF OTHER FINANCING, ORIGINAL
ISSUE PREMIUMS AND RELATED COSTS ASSOCIATED WITH SUCH OBLIGATIONS;
(D) AN AMOUNT EQUAL TO ANY ORIGINAL ISSUE DISCOUNT FROM THE PRINCIPAL
AMOUNT OF SUCH OBLIGATIONS OR TO FUND CAPITALIZED INTEREST;
(E) OBLIGATIONS INCURRED IN CONNECTION WITH THE LEASING, SELLING OR
TRANSFERRING OF EQUIPMENT; AND
(F) BOND ANTICIPATION NOTES OR OTHER OBLIGATIONS PAYABLE SOLELY FROM
THE PROCEEDS OF OTHER BONDS, NOTES OR OTHER OBLIGATIONS WHICH WOULD BE
INCLUDED IN THE AGGREGATE PRINCIPAL AMOUNT SPECIFIED IN THE OPENING
PARAGRAPH OF THIS SUBDIVISION, WHETHER OR NOT ADDITIONALLY SECURED BY
REVENUES OF THE AUTHORITY, OR ANY OF ITS SUBSIDIARY CORPORATIONS.
§ 1349-YYYY. CAPITAL PROGRAM PLANS; APPROVALS; EFFECT OF DISAPPROVAL.
1. (A) ON OR BEFORE THE FIRST OF OCTOBER NEXT SUCCEEDING THE EFFECTIVE
DATE OF THIS SECTION AND EVERY FIFTH YEAR THEREAFTER, THE AUTHORITY
SHALL SUBMIT TO THE GOVERNOR A CAPITAL PROGRAM PLAN FOR THE TEN-YEAR
PERIOD COMMENCING JANUARY FIRST OF THE FOLLOWING YEAR.
(B) EACH SUCH PLAN SHALL CONTAIN THE CAPITAL PROGRAM FOR THE RAILROAD
FACILITIES, NOT INCLUDING THE STATEN ISLAND RAPID TRANSIT OPERATING
AUTHORITY, UNDER THE JURISDICTION OF THE AUTHORITY.
(C) THE PLAN SHALL SET SYSTEM-WIDE GOALS AND OBJECTIVES FOR CAPITAL
SPENDING, ESTABLISH STANDARDS FOR SERVICE AND OPERATIONS, AND DESCRIBE
EACH CAPITAL ELEMENT PROPOSED TO BE INITIATED IN EACH OF THE YEARS
COVERED BY THE PLAN AND EXPLAIN HOW EACH PROPOSED ELEMENT SUPPORTS THE
ACHIEVEMENT OF THE SERVICE AND OPERATIONAL STANDARDS ESTABLISHED IN THE
PLAN. THE PLAN SHALL ALSO SET FORTH AN ESTIMATE OF THE AMOUNT OF CAPITAL
FUNDING REQUIRED EACH YEAR AND THE EXPECTED SOURCES OF SUCH FUNDING.
EACH PLAN SUBSEQUENT TO THE FIRST SUCH PLAN AND EACH PROPOSED AMENDMENT
OR MODIFICATION THEREOF SHALL ALSO DESCRIBE THE CURRENT STATUS OF EACH
CAPITAL ELEMENT INCLUDED IN THE PREVIOUSLY APPROVED PLAN, IF ANY. THE
PLAN SHALL BE ACCOMPANIED OR SUPPLEMENTED BY SUCH SUPPORTING MATERIALS
AS THE GOVERNOR SHALL REQUIRE.
(D) A CAPITAL ELEMENT SHALL MEAN EITHER A CATEGORY OF EXPENDITURE
ITEMIZED IN A PLAN, AS HEREINAFTER PROVIDED, FOR WHICH A SPECIFIED MAXI-
MUM DOLLAR AMOUNT IS PROPOSED TO BE EXPENDED, OR A PARTICULARLY
DESCRIBED CAPITAL PROJECT WITHIN ONE OR MORE CATEGORIES FOR WHICH NO
MAXIMUM EXPENDITURE IS PROPOSED, BUT FOR WHICH AN ESTIMATE OF EXPECTED
COST IS PROVIDED. A CAPITAL ELEMENT SHALL BE DEEMED TO HAVE BEEN INITI-
ATED FOR PURPOSES OF THIS SECTION IF IN CONNECTION WITH SUCH ELEMENT THE
AUTHORITY SHALL CERTIFY THAT: (I) PURCHASE OR CONSTRUCTION CONTRACTS
HAVE BEEN ENTERED INTO, OBLIGATING IN THE AGGREGATE AN AMOUNT EXCEEDING
TEN PERCENT OF THE MAXIMUM OR ESTIMATED COST OF THE ELEMENT AS SET FORTH
IN A PLAN; (II) FINANCING SPECIFIC TO THE PROJECT HAS BEEN UNDERTAKEN;
S. 5555 166
OR (III) IN A CASE WHERE SUCH ELEMENT IS LIMITED TO DESIGN OR ENGINEER-
ING, A CONTRACT THEREFOR HAS BEEN ENTERED INTO.
2. THE PLAN SHALL ITEMIZE THE CAPITAL ELEMENTS INCLUDED IN EACH
SECTION OF THE PLAN UNDER THE FOLLOWING CATEGORIES OF EXPENDITURE: (A)
ROLLING STOCK AND BUSES; (B) PASSENGER STATIONS; (C) TRACK; (D) LINE
EQUIPMENT; (E) LINE STRUCTURES; (F) SIGNALS AND COMMUNICATIONS; (G)
POWER EQUIPMENT, EMERGENCY POWER EQUIPMENT AND SUBSTATIONS; (H) SHOPS,
YARDS, MAINTENANCE FACILITIES, DEPOTS AND TERMINALS; (I) SERVICE VEHI-
CLES; (J) SECURITY SYSTEMS; (K) ELECTRIFICATION EXTENSIONS; AND (L)
UNSPECIFIED, MISCELLANEOUS AND EMERGENCY.
3. A CAPITAL PROGRAM PLAN SHALL BE APPROVED ONLY BY RESOLUTION OF THE
AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER
OF MEMBERS OF THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT OF
A TIE VOTE THE CHAIRPERSON SHALL CAST ONE ADDITIONAL VOTE. AFTER
APPROVAL, THE AUTHORITY SHALL SUBMIT THE PLAN TO THE GOVERNOR, WHO HAS
NINETY DAYS TO APPROVE THE PLAN.
4. A COPY OF ANY CAPITAL PROGRAM PLAN THAT HAS BEEN APPROVED BY THE
AUTHORITY AND DISTRIBUTED TO THE GOVERNOR SHALL BE SIMULTANEOUSLY
PROVIDED TO THE PUBLIC BY THE METROPOLITAN COMMUTER AUTHORITY, VIA ITS
OFFICIAL OR SHARED INTERNET WEBSITE.
5. IF THE GOVERNOR TAKES NO ACTION WITHIN NINETY DAYS AFTER RECEIVING
THE PLAN, THE PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
6. IF THE GOVERNOR VETOES THE PLAN, THE AUTHORITY MAY ONLY OVERRIDE
THE VETO BY UNANIMOUS VOTE.
7. IF THE GOVERNOR VETOES THE PLAN AND THE AUTHORITY DOES NOT OVERRIDE
THE VETO, THE AUTHORITY MAY THEREAFTER REFORMULATE AND RESUBMIT SUCH
PLAN AT ANY TIME. WITHIN THIRTY DAYS OF THE SUBMISSION OF SUCH REFORMU-
LATED PLAN, THE GOVERNOR SHALL NOTIFY THE AUTHORITY OF ITS APPROVAL, OR,
IF THE REFORMULATED PLAN IS NOT APPROVED AND THE GOVERNOR HAS NOT NOTI-
FIED THE AUTHORITY OF HIS OR HER DISAPPROVAL WITHIN SUCH PERIOD, THE
REFORMULATED PLAN SHALL BE DEEMED TO HAVE BEEN APPROVED.
8. NO GENERAL OBLIGATION BONDS OR NOTES OF THE AUTHORITY, NO SPECIAL
OBLIGATION BONDS OR NOTES OF THE AUTHORITY TO FINANCE A TRANSIT PROJECT
SHALL BE ISSUED TO FINANCE THE COSTS OF A CAPITAL ELEMENT UNLESS SUCH
CAPITAL ELEMENT AND SUCH SOURCE OF FUNDING WAS SET FORTH IN A PLAN
APPROVED AS PROVIDED IN THIS SECTION.
9. THE DISAPPROVAL OF A CAPITAL PROGRAM PLAN SHALL NOT AFFECT: (A) THE
RIGHT OF THE AUTHORITY OR OF ITS SUBSIDIARIES TO INITIATE AND COMPLETE
ANY CAPITAL ELEMENT WHICH WILL BE FINANCED OTHERWISE THAN THROUGH THE
ISSUANCE OF THE BONDS OR NOTES THE ISSUANCE OF WHICH IS PROHIBITED UNDER
SUBDIVISION FOUR OF THIS SECTION; (B) THE RIGHT OF THE AUTHORITY TO
ISSUE BONDS OR NOTES TO FINANCE A CAPITAL ELEMENT WHICH WAS INITIATED
PRIOR TO SUCH DISAPPROVAL IN CONFORMITY WITH A PREVIOUSLY APPROVED PLAN;
OR (C) THE RIGHT OF THE AUTHORITY TO ISSUE BONDS OR NOTES TO REFUND OR
OTHERWISE REPAY ANY OF ITS OUTSTANDING BONDS OR NOTES OR TO FULFILL ANY
OF THEIR OBLIGATIONS TO THE HOLDERS OF ANY OF THEIR OUTSTANDING BONDS OR
NOTES.
10. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION EIGHT OF THIS
SECTION, IF A SOURCE OF FUNDING DESCRIBED IN AN APPROVED PLAN SHALL BE
UNAVAILABLE OR BE AVAILABLE IN A LESSER AMOUNT THAN THAT SET FORTH IN
SUCH PLAN, THE AUTHORITY MAY ISSUE BONDS OR NOTES AS NECESSARY TO
PROVIDE THE REQUISITE FUNDING FOR THE CAPITAL ELEMENTS INCLUDED IN THE
PLAN TO THE EXTENT THAT THE AGGREGATE AMOUNT OF SUCH BONDS OR NOTES TO
BE ISSUED IN SUBSTITUTION FOR SUCH UNAVAILABLE AMOUNTS SHALL NOT EXCEED
THE GREATER OF FIFTY MILLION DOLLARS OR TWENTY PERCENT OF THE TOTAL
S. 5555 167
AMOUNT DESCRIBED IN SUCH PLAN FOR EITHER THE SUBSTITUTE FUNDING SOURCE
OR THE FUNDING SOURCE BEING SUBSTITUTED FOR.
11. (A) THE AUTHORITY MAY FROM TIME TO TIME SUBMIT TO THE GOVERNOR
AMENDMENTS OR MODIFICATIONS TO ANY TEN-YEAR PLAN THERETOFORE SUBMITTED,
AND SHALL SUBMIT SUCH AN AMENDMENT OR MODIFICATION: (I) IF THE ESTIMATED
COST OF ANY CAPITAL ELEMENT FOR WHICH A SPECIFIED DOLLAR AMOUNT WAS
PROPOSED TO BE EXPENDED EXCEEDS THE AMOUNT SET FORTH IN THE APPROVED
PLAN FOR SUCH ELEMENT BY MORE THAN TEN PERCENT; (II) IF WITH RESPECT TO
A PARTICULARLY DESCRIBED CAPITAL ELEMENT FOR WHICH ONLY AN ESTIMATE OF
PROJECTED COST HAS BEEN PROVIDED IN THE PLAN THERE IS A MATERIAL CHANGE
IN THE DESCRIPTION OF SUCH ELEMENT FROM THAT CONTAINED IN THE APPROVED
PLAN; (III) IF A CAPITAL ELEMENT NOT PREVIOUSLY INCLUDED IN THE APPROVED
PLAN IS PROPOSED TO BE UNDERTAKEN AND ITS COST, TOGETHER WITH THE COST
OF OTHER ELEMENTS INCLUDED IN CATEGORY (L) OF THE PLAN, EXCEEDS BY TEN
PERCENT THE AMOUNT PROVIDED FOR SUCH CATEGORY (L) ELEMENTS; (IV) IF THE
AUTHORITY SHALL PROPOSE TO CHANGE BY MORE THAN ONE YEAR THE TIME WHEN
ANY CAPITAL ELEMENT IS PROPOSED TO BE INITIATED OR THE EFFECT OF SUCH
CHANGE WILL BE TO INCREASE THE ESTIMATED AMOUNT OF CAPITAL FUNDING
REQUIRED IN ANY YEAR COVERED BY THE PLAN BY MORE THAN TWENTY PERCENT; OR
(V) IF THE AVAILABILITY OF FUNDING SOURCES CHANGES TO THE DEGREE TO
WHICH THE AUTHORITY IS PRECLUDED FROM EXERCISING THE AUTHORIZATION
PROVIDED IN SUBDIVISION SIX OF THIS SECTION AND THE AUTHORITY WISHES TO
DO SO.
(B) AN AMENDMENT OR MODIFICATION MAY ONLY BE APPROVED IN TWO WAYS: (I)
AN AMENDMENT OR MODIFICATION SHALL ONLY BE APPROVED BY THE GOVERNOR AND
WITHIN THIRTY DAYS OF THE SUBMISSION OF AN AMENDMENT OR MODIFICATION THE
GOVERNOR SHALL NOTIFY THE AUTHORITY OF ITS APPROVAL OF THE SAME; OR (II)
IF THE AMENDMENT OR MODIFICATION IS NOT APPROVED BY THE GOVERNOR WITHIN
SUCH THIRTY DAY PERIOD AND THE GOVERNOR HAS NOT NOTIFIED THE AUTHORITY
IN WRITING OF HIS OR HER DISAPPROVAL WITHIN SUCH PERIOD, THE AMENDMENT
OR MODIFICATION SHALL BE DEEMED TO HAVE BEEN APPROVED.
12. IN FORMULATING ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL GIVE
CONSIDERATION TO THE PHYSICAL CONDITION AND URGENCY OF NEED OF EACH OF
THE SEVERAL TRANSPORTATION AND TRANSIT SYSTEMS INVOLVED, TO THE NEEDS OF
ALL OF THE COMMUNITIES AND AREAS SERVICED BY THESE SYSTEMS, TO THE
EXTENT TO WHICH OTHER CAPITAL AID OR ASSISTANCE MAY BE AVAILABLE TO EACH
OF THESE SYSTEMS, AND TO THE SAFETY, COMFORT AND CONVENIENCE OF ITS
PASSENGERS. IN DETERMINING THE SOURCE OR METHOD OF FUNDING WHICH THE
AUTHORITY IS TO USE TO FINANCE THE COST OF THE CAPITAL ELEMENTS INCLUDED
IN ITS CAPITAL PROGRAM PLANS, THE AUTHORITY SHALL, INSOFAR AS PRACTICA-
BLE, GIVE CONSIDERATION, AMONG OTHER THINGS, TO: (A) THE POTENTIAL
IMPACT OF EACH SUCH SOURCE OR METHOD UPON THE LEVEL OF PASSENGER FARES;
(B) THE RELATIVE COST OF THE SEVERAL FUNDING ALTERNATIVES; AND (C) THE
RELATIVE ABILITY OF EACH SOURCE OR METHOD TO PROVIDE FUNDING AT TIMES
AND IN AMOUNTS ESTIMATED TO BE REQUIRED BY THE CAPITAL PROGRAM PLAN. TO
THE EXTENT FUNDING IS PROPOSED TO BE OBTAINED THROUGH THE ISSUANCE AND
SALE OF BONDS OR NOTES, THE AUTHORITY SHALL, INSOFAR AS PRACTICABLE AND
CONSISTENT WITH THE MATTERS SET FORTH IN PARAGRAPHS (A), (B) AND (C) OF
THIS SUBDIVISION, GIVE PREFERENCE TO THE USE OF FUNDS APPROPRIATED OR TO
BE APPROPRIATED TO THE AUTHORITY BY VIRTUE OF SERVICE CONTRACTS WITH THE
DIRECTOR OF THE BUDGET ENTERED INTO PURSUANT TO THE PROVISIONS OF THE
TRANSPORTATION SYSTEMS ASSISTANCE AND FINANCING ACT OF 1981 FOR PURPOSES
OF PAYING THE ANNUAL COST OF DEBT SERVICE FOR SUCH BONDS OR NOTES.
13. ON OR BEFORE THE FOURTH FIRST OF OCTOBER SUCCEEDING THE EFFECTIVE
DATE OF THIS SUBDIVISION, AND ON OR BEFORE OCTOBER FIRST OF EVERY FIFTH
YEAR THEREAFTER, THE AUTHORITY SHALL SUBMIT TO THE GOVERNOR A TWENTY-
S. 5555 168
YEAR CAPITAL NEEDS ASSESSMENT. SUCH ASSESSMENT SHALL BEGIN WITH THE
PERIOD COMMENCING ON THE SECOND FIRST OF JANUARY AFTER SUCH SUBMISSION,
AND BEGIN EACH ASSESSMENT WITH EVERY FIFTH YEAR THEREAFTER, AND DESCRIBE
CAPITAL INVESTMENTS OVER THE SUCCEEDING TWENTY YEARS. SUCH ASSESSMENT
SHALL: (A) SET FORTH BROAD LONG-TERM CAPITAL INVESTMENTS TO BE MADE
THROUGHOUT THE DISTRICT; AND (B) ESTABLISH A NON-BINDING BASIS TO BE
USED BY THE AUTHORITY IN THE PLANNING OF STRATEGIC INVESTMENTS INVOLVING
CAPITAL ELEMENTS IN ITS FIVE-YEAR CAPITAL PLANS. SUCH ASSESSMENT SHALL
NOT REQUIRE THE APPROVAL OF THE GOVERNOR AND SHALL BE FOR INFORMATIONAL
PURPOSES ONLY. FOR PURPOSES OF THIS SECTION, "BROAD LONG-TERM CAPITAL
INVESTMENTS" SHALL INCLUDE BUT NOT BE LIMITED TO: SYSTEM REBUILDING,
ENHANCEMENT, AND EXPANSION NEEDS; AGENCY NEEDS BROKEN DOWN BY CAPITAL
ELEMENT OR INVESTMENT CATEGORY; AND PROJECTED FUTURE TRENDS AND NETWORK
IMPLICATIONS. SUCH ASSESSMENT SHALL BE CERTIFIED BY THE CHAIRPERSON OF
THE AUTHORITY AND SHALL BE ENTERED INTO THE PERMANENT RECORD OF THE
MINUTES OF THE REVIEW BOARD.
§ 1349-ZZZZ. SUBMISSION OF STRATEGIC OPERATION PLAN. 1. ON OR BEFORE
THE FIRST OF JULY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION,
THE AUTHORITY SHALL SUBMIT TO THE GOVERNOR A STRATEGIC OPERATION PLAN
FOR THE COMMUTER RAILROAD SERVICES UNDER THE JURISDICTION OF THE AUTHOR-
ITY FOR THE FIVE-YEAR PERIOD COMMENCING JANUARY FIRST OF THE FOLLOWING
YEAR. THE PLAN MAY BE AMENDED AS REQUIRED BUT SHALL BE UPDATED AT LEAST
ANNUALLY. THE PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE
FOLLOWING:
(A) LONG-RANGE GOALS AND OBJECTIVES FOR THE OPERATION OF SERVICES AND
FACILITIES;
(B) PLANNED SERVICE AND PERFORMANCE STANDARDS FOR EACH YEAR OF THE
PERIOD COVERED BY THE PLAN; INCLUDING, IN SUCH PLAN SUBMITTED AFTER THE
FIRST OF JULY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION: (I)
STANDARDS FOR DETERMINING FREQUENCY OF SERVICE AT PEAK HOURS AND OFF-
PEAK HOURS; (II) FREQUENCY OF SERVICE AT PEAK AND OFF-PEAK HOURS BASED
ON THE APPLICATION OF SUCH STANDARDS TO THE CURRENT PERIOD FOR BUS ROUTE
OR GROUP OF BUS ROUTES, AND COMMUTER RAIL LINES, DIVISIONS OR BRANCHES
AS APPROPRIATE; (III) PROJECTED PERFORMANCE FOR EACH BUS ROUTE OR GROUP
OF BUS ROUTES, AND COMMUTER RAIL LINES, DIVISIONS OR BRANCHES AS APPRO-
PRIATE AS MEASURED BY RELIABILITY INDICATORS COMMONLY UTILIZED WITHIN
THE TRANSIT INDUSTRY, INCLUDING SUCH MEASURES AS PLANNED NUMBER OF VEHI-
CLES WITH AIR CONDITIONING AND PROJECTED RELIABILITY OF SUCH EQUIPMENT,
PLANNED STANDARDS FOR CLEANLINESS OF THE INTERIOR AND EXTERIOR OF COMMU-
TER RAIL CARS, BUSES, AND PASSENGER STATIONS, AND OTHER APPROPRIATE
MEASURES OF PLANNED PERFORMANCE INFLUENCING THE QUALITY OF SERVICES;
(C) LEVEL AND STRUCTURE OF FARES PROJECTED FOR EACH YEAR OF THE PERIOD
COVERED BY THE PLAN;
(D) ESTIMATED OPERATING AND CAPITAL RESOURCES ANTICIPATED TO BE AVAIL-
ABLE FROM INTERNAL SOURCES AS WELL AS FROM FEDERAL, STATE, REGIONAL AND
LOCAL SOURCES;
(E) ESTIMATED OPERATING AND CAPITAL COSTS TO SATISFY PLANNED STANDARDS
OF PERFORMANCE AND SERVICE;
(F) STRATEGIES TO IMPROVE PRODUCTIVITY; CONTROL COST GROWTH; INTEGRATE
AND COORDINATE THE DELIVERY OF SERVICES PROVIDED BY THE AUTHORITY AS
WELL AS OTHER PUBLIC AND PRIVATE TRANSPORTATION PROVIDERS IN THE SERVICE
AREA;
(G) SPECIFIC ALLOCATION OF OPERATING AND CAPITAL RESOURCES BY MODE AND
OPERATION, INCLUDING FUNDS, PERSONNEL, AND EQUIPMENT;
S. 5555 169
(H) CONFIGURATION BY MODE, OPERATION AND ROUTE OF THE SERVICES TO BE
PROVIDED AND THE FACILITIES TO BE OPERATED, IDENTIFYING MAJOR PLANNED
CHANGES IN SERVICES AND ROUTES; AND
(I) IDENTIFICATION OF THE OPERATING AND CAPITAL COSTS AS COMPARED TO
THE REVENUES ANTICIPATED FROM SYSTEM USERS FOR THE COMMUTER TRANSPORTA-
TION AUTHORITY.
AN ANALYSIS OF THE RELATIONSHIP BETWEEN SPECIFIC PLANNED CAPITAL
ELEMENTS CONTAINED IN APPROVED CAPITAL PROGRAM PLANS AND THE ACHIEVEMENT
OF PLANNED SERVICE AND PERFORMANCE STANDARDS. SUCH ANALYSIS SHALL
INCLUDE THE RELATIONSHIP OF SPECIFIC PLANNED CAPITAL ELEMENTS TO THE
ACHIEVEMENT OF SUCH SERVICE AND PERFORMANCE STANDARDS FOR EACH BUS ROUTE
OR GROUP OF BUS ROUTES, OR COMMUTER RAIL LINES, DIVISIONS OR BRANCHES AS
APPROPRIATE.
2. EACH ANNUAL UPDATE OF THE PLAN SHALL INCLUDE A STATUS REPORT SUMMA-
RIZING THE EXTENT TO WHICH PLANNED SERVICE AND PERFORMANCE STANDARDS
DEVELOPED FOR THE PREVIOUS YEAR WERE ACHIEVED, THE CAUSES OF ANY FAILURE
TO ACHIEVE PROJECTED STANDARDS OF SERVICE, AND CORRECTIVE MEASURES THE
AUTHORITY INTENDS TO TAKE TO AVOID NON-ACHIEVEMENT OF PROJECTED STAND-
ARDS IN THE NEXT UPCOMING YEAR.
3. THE COMMUTER TRANSPORTATION AUTHORITY SHALL TAKE INTO CONSIDERATION
ANY PETITIONS FROM LOCAL OFFICIALS FOR IMPROVED SERVICES, INCLUDING HOW
THESE SERVICE IMPROVEMENTS RELATE TO THE SERVICE AND PERFORMANCE STAND-
ARDS DESCRIBED IN THIS SECTION, AND SHALL CONSULT WITH APPROPRIATE LOCAL
OFFICIALS IN ITS PREPARATION AND PERIODIC UPDATES TO THE OPERATION PLAN.
§ 1349-AAAAA. FINANCIAL AND OPERATIONAL REPORTS. THE AUTHORITY SHALL
SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY, NO LATER THAN THIRTY DAYS FOLLOWING THE
SUBMISSION OF THE ANNUAL INDEPENDENT AUDIT REPORT PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, A COMPLETE DETAILED REPORT OR
REPORTS SETTING FORTH, TO THE EXTENT SUCH MATTERS ARE NOT FULLY
ADDRESSED IN THE ANNUAL INDEPENDENT AUDIT REPORT, THE FOLLOWING:
1. ITS FINANCIAL REPORTS, INCLUDING, BUT NOT LIMITED TO:
(A) AUDITED FINANCIALS IN ACCORDANCE WITH ALL APPLICABLE REGULATIONS
AND FOLLOWING GENERALLY ACCEPTED ACCOUNTING PRINCIPLES AS DEFINED IN
SUBDIVISION TEN OF SECTION TWO OF THE STATE FINANCE LAW;
(B) GRANT AND SUBSIDY PROGRAMS;
(C) OPERATING AND FINANCIAL RISKS;
(D) CURRENT RATINGS OF ITS BONDS ISSUED BY RECOGNIZED MUNICIPAL BOND
RATING AGENCIES AND NOTICE CHANGES IN SUCH RATINGS; AND
(E) LONG-TERM LIABILITIES, INCLUDING LEASES AND EMPLOYEE BENEFIT
PLANS; AND
2. AN ASSESSMENT OF THE EFFECTIVENESS OF ITS INTERNAL CONTROL STRUC-
TURE AND PROCEDURES, INCLUDING, BUT NOT LIMITED TO:
(A) DESCRIPTIONS OF THE AUTHORITY AND ITS MAJOR UNITS AND SUBSID-
IARIES;
(B) THE NUMBER OF EMPLOYEES, AND MINORITY AND WOMEN EMPLOYEES, FOR
EACH;
(C) AN ORGANIZATIONAL CHART;
(D) ITS CHARTER, IF ANY AND BY-LAWS;
(E) THE EXTENT OF PARTICIPATION BY MINORITY AND WOMEN-OWNED ENTER-
PRISES IN AUTHORITY CONTRACTS AND SERVICES IN ACCORDANCE WITH ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW; AND
(F) A LISTING OF MATERIAL CHANGES IN INTERNAL OPERATIONS AND PROGRAMS
DURING THE REPORTING YEAR.
§ 1349-BBBBB. MISSION STATEMENT AND MEASUREMENT REPORT. 1. THE
AUTHORITY SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
S. 5555 170
SENATE AND THE SPEAKER OF THE ASSEMBLY, ON OR BEFORE THE THIRTY-FIRST OF
OCTOBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, A PROPOSED
AUTHORITY MISSION STATEMENT AND PROPOSED MEASUREMENTS. THE PROPOSED
MISSION STATEMENT AND PROPOSED MEASUREMENTS SHALL HAVE THE FOLLOWING
COMPONENTS: (A) A BRIEF MISSION STATEMENT EXPRESSING THE PURPOSE AND
GOALS OF THE AUTHORITY; (B) A DESCRIPTION OF THE STAKEHOLDERS OF THE
AUTHORITY AND THEIR REASONABLE EXPECTATIONS FROM THE AUTHORITY, WHICH
STAKEHOLDERS SHALL INCLUDE AT A MINIMUM: (I) THE RESIDENTS AND TAXPAYERS
OF THE AREA OF THE STATE SERVED BY THE AUTHORITY; (II) THE PERSONS THAT
USE THE SERVICES PROVIDED BY THE AUTHORITY; AND (III) THE EMPLOYEES OF
THE AUTHORITY AND ANY EMPLOYEE ORGANIZATION; (C) THE GOALS OF THE
AUTHORITY IN RESPONSE TO THE NEEDS OF EACH GROUP OF STAKEHOLDERS; AND
(D) A LIST OF MEASURES BY WHICH PERFORMANCE OF THE AUTHORITY AND THE
ACHIEVEMENT OF ITS GOALS MAY BE EVALUATED.
2. THE AUTHORITY SHALL THEREAFTER REEXAMINE ITS MISSION STATEMENT AND
MEASUREMENTS ON AN ANNUAL BASIS, AND PUBLISH ON ITS WEBSITE SELF EVALU-
ATIONS BASED ON THE STATED MEASURES.
§ 1349-CCCCC. REQUIREMENTS FOR CERTAIN AUTHORITY CONTRACTS AND RELATED
SUBCONTRACTS. 1. ANY CONTRACTOR OR SUBCONTRACTOR SUBJECT TO THE POSTING
REQUIREMENTS OF PARAGRAPH A OF SUBDIVISION THREE-A OF SECTION TWO
HUNDRED TWENTY OF THE LABOR LAW WITH RESPECT TO A PUBLIC WORKS CONTRACT
OF THE AUTHORITY SHALL:
(A) POST INFORMATION CONFORMING TO THE PROVISIONS OF SUBDIVISION TWO
OF THIS SECTION IN ONE OR MORE CONSPICUOUS PLACES AT EACH MAJOR WORK-
PLACE SITE WHERE PERSONS WHO PERFORM WORK ON THE CONTRACT OR SUBCON-
TRACT, INCLUDING MANAGEMENT, ARE MOST LIKELY TO SEE SUCH POSTINGS;
PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED BY THE DISPLAYING OF
SUCH INFORMATION WITH OTHER NOTICES THAT INFORM PERSONS OF RIGHTS UNDER
FEDERAL OR STATE LAWS OR RULES, HUMAN RESOURCE POLICIES, OR COLLECTIVE
BARGAINING AGREEMENTS;
(B) POST INFORMATION CONFORMING TO THE PROVISIONS OF SUBDIVISION TWO
OF THIS SECTION ON AN INTERNET AND INTRANET WEBSITE, IF ANY, OF THAT
PERSON OR BUSINESS ORGANIZATION; PROVIDED THAT, THIS REQUIREMENT MAY BE
SATISFIED BY PROVIDING ON SUCH WEBSITE A CONSPICUOUS HYPERLINK TO THE
AUTHORITY WEBSITE MAINTAINED PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, WHICH HYPERLINK SHALL BE LABELED "PROTECTIONS FOR REPORTING
FRAUD IN NEW YORK";
(C) DISTRIBUTE INFORMATION SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION TO THOSE PERSONS, INCLUDING EMPLOYEES AND MANAGERS, WHO PERFORM
WORK ON THE CONTRACT; PROVIDED THAT, THIS REQUIREMENT MAY BE SATISFIED
BY DISTRIBUTING SUCH INFORMATION IN AN EMPLOYEE HANDBOOK OR THROUGH A
SPECIFIC ELECTRONIC COMMUNICATION CONTAINING THE INFORMATION TO A KNOWN
ELECTRONIC MAIL ADDRESS MAINTAINED BY THE PERSON; AND
(D) COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, AND PROVIDE TO THE
AUTHORITY SATISFACTORY EVIDENCE OF SUCH COMPLIANCE, WITHIN NINETY DAYS.
2. THE DISCLOSURES REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL:
(A) PROVIDE THE TELEPHONE NUMBERS AND ADDRESSES TO REPORT INFORMATION
OF FRAUD OR OTHER ILLEGAL ACTIVITY TO THE APPROPRIATE OFFICERS OF THE
INSPECTOR GENERAL OF THE AUTHORITY AND THE ATTORNEY GENERAL OF THE
STATE;
(B) DESCRIBE IN DETAIL CONDUCT PROHIBITED BY SECTION ONE HUNDRED
EIGHTY-NINE OF THE STATE FINANCE LAW, AND THE ROLE OF THAT ACT IN
PREVENTING AND DETECTING FRAUD AND ABUSE IN WORK PAID FOR BY THE AUTHOR-
ITY OR WITH FUNDS ORIGINATING FROM THE AUTHORITY;
(C) NOTIFY PROSPECTIVE QUI TAM PLAINTIFFS ON HOW TO FILE A QUI TAM
ACTION, INCLUDING THE NECESSITY TO CONTACT PRIVATE COUNSEL SKILLED IN
S. 5555 171
FILING SUCH ACTIONS AND OF THE POTENTIAL FOR CASH REWARDS IN SUCH
ACTIONS BASED ON THE PERCENTAGE OF THE FUNDS RECOVERED BY THE GOVERN-
MENT; AND
(D) DESCRIBE PROHIBITIONS ON EMPLOYER RETALIATION AGAINST PERSONS WHO
FILE OR ASSIST ACTIONS UNDER ARTICLE THIRTEEN OF THE STATE FINANCE LAW,
THE NEW YORK FALSE CLAIMS ACT, PURSUANT TO SECTION ONE HUNDRED NINETY-
ONE OF THE STATE FINANCE LAW, OR WHO REPORT ILLEGAL CONDUCT THAT THREAT-
ENS THE HEALTH OR SAFETY OF THE PUBLIC PURSUANT TO SECTION SEVEN HUNDRED
FORTY OF THE LABOR LAW.
3. NO LATER THAN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE AUTHORITY SHALL ESTABLISH AND CONTINUOUSLY MAINTAIN ON ITS
PUBLIC WEBSITE AND ITS INTRANET SITE A PAGE THAT SHALL PROVIDE THE
INFORMATION SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND THAT SHALL
ALSO PROVIDE SAMPLE STATEMENTS, DISPLAYS AND OTHER MATERIALS SUITABLE
FOR INSERTION IN EMPLOYEE HANDBOOKS OR POSTING AT WORKPLACES OR ON
WEBSITES THAT WOULD SATISFY THE DISCLOSURE REQUIREMENTS OF THIS SECTION.
4. THE AUTHORITY SHALL NOT ENTER INTO ANY CONTRACT DESCRIBED IN SUBDI-
VISION ONE OF THIS SECTION THAT DOES NOT INCORPORATE THE TERMS OF THIS
SECTION.
5. MATERIAL COMPLIANCE BY A COVERED PERSON OR BUSINESS ORGANIZATION
THAT HAS CONTRACTED WITH THE AUTHORITY UNDER A CONTRACT THAT INCORPO-
RATES THE TERMS OF THIS SECTION SHALL BE A MATERIAL CONDITION OF PAYMENT
FOR THE PROVISION OF GOODS OR SERVICES.
6. THE AUTHORITY IS AUTHORIZED TO ADOPT SUCH RULES AND REGULATIONS AS
ARE NECESSARY TO EFFECT THE PURPOSES OF THIS SECTION.
§ 1349-DDDDD. RESERVE FUNDS AND APPROPRIATIONS. THE AUTHORITY MAY
CREATE AND ESTABLISH ONE OR MORE RESERVE FUNDS IN ACCORDANCE WITH AGREE-
MENTS WITH BONDHOLDERS, NOTEHOLDERS OR THE HOLDERS OF OTHER OBLIGATIONS
OF THE AUTHORITY AND MAY PAY INTO SUCH RESERVE FUNDS: (A) ANY MONIES
APPROPRIATED AND MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH
FUNDS; (B) ANY PROCEEDS OF SALE OF NOTES, BONDS OR OTHER OBLIGATIONS TO
THE EXTENT PROVIDED IN THE RESOLUTION OF THE AUTHORITY AUTHORIZING THE
ISSUANCE THEREOF; AND (C) ANY OTHER MONIES WHICH MAY BE MADE AVAILABLE
TO THE AUTHORITY FOR THE PURPOSE OF SUCH FUNDS FROM ANY OTHER SOURCE OR
SOURCES. IN LIEU THEREOF, THE AUTHORITY MAY PROVIDE FOR THE DEPOSIT
THEREIN OF, OR SUBSTITUTE FOR MONIES ON DEPOSIT THEREIN, A LIQUIDITY OR
CREDIT FACILITY, SURETY BOND OR OTHER SIMILAR AGREEMENT.
§ 1349-EEEEE. CONSOLIDATED FINANCINGS. 1. NOTWITHSTANDING ANY INCON-
SISTENT PROVISIONS OF THIS OR ANY OTHER LAW, GENERAL, SPECIAL OR LOCAL,
THE AUTHORITY MAY ISSUE ITS NOTES, BONDS AND OTHER OBLIGATIONS TO
FINANCE TRANSPORTATION FACILITIES UTILIZING A CONSOLIDATED PLEDGE OF ALL
OR ANY PORTION OF THE REVENUES AND OTHER MONIES AND ASSETS OF THE
AUTHORITY AND ITS SUBSIDIARIES, TOGETHER WITH THOSE OTHER SOURCES OF
PAYMENT DESCRIBED IN THIS SECTION. IN CONNECTION THEREWITH, AT ITS
DISCRETION, THE AUTHORITY, SUBJECT TO THE RIGHTS OF THE HOLDERS OF
NOTES, BONDS OR OTHER OBLIGATIONS OF THE AUTHORITY, AND THE METROPOLITAN
TRANSPORTATION AUTHORITY, MAY DEPOSIT OR CAUSE TO BE DEPOSITED INTO ONE
OR MORE FUNDS AND ACCOUNTS: (A) ALL OR ANY PORTION OF THE REVENUES,
OTHER MONIES AND ASSETS RECEIVED BY THE AUTHORITY AND ITS SUBSIDIARIES;
(B) ALL OR ANY PORTION OF THE AMOUNTS FROM THE OPERATING AND CAPITAL
COSTS ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY DEDICATED TAX
FUND REQUIRED TO BE DISTRIBUTED TO THE AUTHORITY UNDER THE PROVISIONS OF
SECTION TWELVE HUNDRED SEVENTY-C OF THIS ARTICLE; (C) ALL OR ANY PORTION
OF THE AVAILABLE MONIES IN THE COMMUTER RAILROAD ACCOUNT OF THE METRO-
POLITAN TRANSPORTATION AUTHORITY SPECIAL ASSISTANCE FUND ESTABLISHED
UNDER THE PROVISIONS OF SECTION TWELVE HUNDRED SEVENTY-A OF THIS ARTICLE
S. 5555 172
AVAILABLE FOR PAYMENT OF OPERATING AND CAPITAL COSTS OF THE LONG ISLAND
RAIL ROAD COMPANY AND THE METRO-NORTH COMMUTER RAILROAD COMPANY AS
PROVIDED IN SUBDIVISION THREE OF SECTION TWELVE HUNDRED SEVENTY-A OF
THIS ARTICLE; AND (D) ANY OTHER MONIES OF THE AUTHORITY AND ITS SUBSID-
IARIES FROM ANY SOURCE WHATSOEVER.
2. AMOUNTS SO DEPOSITED IN SUCH FUNDS OR ACCOUNTS MAY BE: (A) PLEDGED
BY THE AUTHORITY TO SECURE, AND BE APPLIED TO, THE PAYMENT OF ITS BONDS,
NOTES OR OTHER OBLIGATIONS ISSUED TO FINANCE TRANSPORTATION FACILITIES
UNDERTAKEN FOR THE AUTHORITY AND ITS SUBSIDIARIES; AND (B) USED FOR
PAYMENT OF OPERATING COSTS, AND CAPITAL COSTS, INCLUDING DEBT SERVICE,
RESERVE REQUIREMENTS, IF ANY, THE PAYMENT OF AMOUNTS REQUIRED UNDER
BONDS, NOTES OR OTHER FINANCING FACILITIES OR AGREEMENTS, AND THE
PAYMENT OF ALL COSTS RELATED TO SUCH OBLIGATIONS, OF OR FOR THE AUTHORI-
TY AND ITS SUBSIDIARIES AS THE AUTHORITY IN ITS FULL DISCRETION SHALL
DETERMINE. TO THE EXTENT MONEYS SO DEPOSITED HAVE BEEN PLEDGED BY THE
AUTHORITY TO SECURE AND PAY ITS BONDS, NOTES OR OTHER OBLIGATIONS AS
HEREIN PROVIDED, SUCH MONEYS SHALL FIRST BE APPLIED TO SATISFY THE
REQUIREMENTS OF ANY DEBT SERVICE OR RESERVE REQUIREMENTS OF THE RESOL-
UTION OR RESOLUTIONS OR OTHER CONTRACTUAL ARRANGEMENTS AUTHORIZING SUCH
BONDS, NOTES OR OTHER OBLIGATIONS. AFTER SATISFACTION OF SUCH REQUIRE-
MENTS OF ANY SUCH RESOLUTION, RESOLUTIONS, OR OTHER CONTRACTUAL ARRANGE-
MENTS OR IF THE AUTHORITY HAS NOT SO PLEDGED SUCH MONEYS, SUCH MONEYS SO
DEPOSITED, SUBJECT TO THE PROVISIONS OF ANY OTHER RESOLUTIONS OR
CONTRACTUAL ARRANGEMENTS OF THE AUTHORITY APPLICABLE PROVISIONS OF LAW,
MAY BE TRANSFERRED TO OR FOR THE BENEFIT OF THE AUTHORITY AND ITS
SUBSIDIARIES. REVENUES AND OTHER MONIES OF THE AUTHORITY AND ITS SUBSID-
IARIES WHICH ARE DEPOSITED IN THE FUNDS OR ACCOUNTS AUTHORIZED BY THIS
SECTION, AS REDUCED BY ANY APPLICATION OF SUCH REVENUES OR MONIES TO THE
PAYMENT OF DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY, AND OTHER COSTS
ATTRIBUTABLE TO THE FUNDING OF THE CAPITAL COSTS OF SUCH ENTITY, SHALL
BE ALLOCATED, CREDITED AND DISTRIBUTED TO SUCH SOURCE ENTITY. ANY OTHER
REVENUES OR MONIES WHICH ARE DEPOSITED IN THE FUNDS OR ACCOUNTS AUTHOR-
IZED BY THIS SECTION WHICH ARE REQUIRED BY LAW TO BE ALLOCATED OR PAID
TO THE AUTHORITY OR ITS SUBSIDIARIES SHALL BE ALLOCATED OR PAID TO THE
ENTITY TO WHICH IT IS REQUIRED TO BE ALLOCATED OR PAID BY LAW AFTER
REDUCTION BY AN AMOUNT EQUAL TO THE PORTION THEREOF APPLIED TO THE
PAYMENT OF DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY, AND OTHER COSTS
ATTRIBUTABLE TO THE FUNDING OF THE CAPITAL COSTS OF SUCH ENTITY. IN
DETERMINING THE AMOUNT OF DEBT SERVICE, RESERVE REQUIREMENTS, IF ANY,
AND OTHER COSTS ATTRIBUTABLE TO THE AUTHORITY AND ITS SUBSIDIARIES THE
AUTHORITY SHALL MAKE SUCH CALCULATION BASED UPON THE PERCENTAGE OF THE
PROCEEDS OF THE BONDS, NOTES AND OTHER OBLIGATIONS EXPENDED FOR THE
CAPITAL COSTS ATTRIBUTABLE TO EACH SUCH ENTITY. THE AUTHORITY MAY
UTILIZE ANY INTERIM ALLOCATION OF SUCH DISTRIBUTIONS, PROVIDED THAT
WITHIN NINETY DAYS AFTER THE END OF EACH CALENDAR YEAR, THE AUTHORITY
SHALL CERTIFY TO THE DIRECTOR OF THE BUDGET, THE CHAIRPERSON OF THE
SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE, THAT THE AGGREGATE AMOUNT OF MONIES TRANSFERRED TO EACH
OF THE AUTHORITY AND ITS SUBSIDIARIES IN RESPECT OF SUCH CALENDAR YEAR,
TAKING INTO ACCOUNT ANY INTERAGENCY REPAYMENTS OR REIMBURSEMENTS ANTIC-
IPATED TO BE MADE IN THE NEXT SUCCEEDING CALENDAR YEAR, IS NOT LESS THAN
THE AMOUNTS REQUIRED TO BE PAID OR TRANSFERRED TO SUCH ENTITIES.
§ 1349-FFFFF. REGULATION OF CERTAIN AUTHORITY EXPENDITURES. THE
AUTHORITY SHALL IMPLEMENT POLICIES AS APPROPRIATE TO MINIMIZE UNWAR-
RANTED EXPENSES AND TO PROTECT AGAINST ABUSES IN CONNECTION WITH: (A)
THE GRANTING OF ANY PRIVILEGES OR BENEFITS HAVING FINANCIAL VALUE, OTHER
S. 5555 173
THAN WAGE PAYMENTS OR EXPENSE REIMBURSEMENTS, TO MEMBERS OR STAFF OF THE
AUTHORITY, OR ANY SUBSIDIARY OR OTHER AUTHORITY CREATED BY THE AUTHORI-
TY; AND (B) THE FULL-TIME AND PART-TIME ASSIGNMENT AND USE OF AUTOMO-
BILES OWNED OR LEASED BY THE AUTHORITY, OR ANY SUBSIDIARY OR OTHER
AUTHORITY CREATED BY THE AUTHORITY, AND THE USE BY AUTHORITY EMPLOYEES
AND BOARD MEMBERS OF LIVERY VEHICLES, AS DEFINED IN SECTION ONE HUNDRED
TWENTY-ONE-E OF THE VEHICLE AND TRAFFIC LAW.
§ 1349-GGGGG. AGREEMENT OF THE STATE. THE STATE DOES HEREBY PLEDGE TO
AND AGREE WITH THE AUTHORITY AND ITS SUBSIDIARIES, AND THE HOLDERS OF
ANY NOTES, BONDS OR OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS,
ISSUED OR INCURRED UNDER THIS TITLE, THAT THE STATE WILL NOT LIMIT OR
ALTER THE DENIAL OF AUTHORITY UNDER SUBDIVISION NINE OF SECTION THIRTEEN
HUNDRED FORTY-NINE-XXXX OF THIS TITLE, OR THE RIGHTS AND POWERS VESTED
IN THE AUTHORITY AND ITS SUBSIDIARIES, BY THIS TITLE TO FULFILL THE
TERMS OF ANY AGREEMENTS MADE BY ANY OF THEM WITH THE HOLDERS THEREOF, OR
IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS UNTIL SUCH
NOTES, BONDS OR OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS, TOGETHER
WITH THE INTEREST THEREON, WITH INTEREST ON ANY UNPAID INSTALLMENTS OF
INTEREST, AND ALL COSTS AND EXPENSES FOR WHICH THE AUTHORITY OR ITS
SUBSIDIARIES IS LIABLE IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR
ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND DISCHARGED. THE AUTHORITY
AND ITS SUBSIDIARIES ARE EACH AUTHORIZED TO INCLUDE THIS PLEDGE AND
AGREEMENT OF THE STATE IN ANY AGREEMENT WITH THE HOLDERS OF SUCH NOTES,
BONDS OR OTHER OBLIGATIONS, INCLUDING LEASE OBLIGATIONS.
§ 1349-HHHHH. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITH-
STANDING AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS
WHICH MAY BE CONTAINED IN ANY CONTRACT WITH THE HOLDERS OF THE BONDS,
THE STATE MAY, UPON FURNISHING SUFFICIENT FUNDS THEREFOR, REQUIRE THE
AUTHORITY TO REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS
ON ANY INTEREST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE
OF THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PER CENTUM OF THEIR FACE
VALUE AND ACCRUED INTEREST OR AT SUCH LOWER REDEMPTION PRICE AS MAY BE
PROVIDED IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON
THE REDEMPTION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT
LEAST TWO NEWSPAPERS PUBLISHING AND CIRCULATING RESPECTIVELY IN THE
CITIES OF ALBANY AND NEW YORK AT LEAST TWICE, THE FIRST PUBLICATION TO
BE AT LEAST THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
§ 1349-IIIII. REMEDIES OF NOTEHOLDERS AND BONDHOLDERS. 1. IN THE
EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR
INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER THE SAME SHALL BECOME DUE,
WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL
CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY
SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS TITLE OR
SHALL DEFAULT IN ANY AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF
NOTES OR BONDS, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRIN-
CIPAL AMOUNT OF THE NOTES OR BONDS OF SUCH ISSUE THEN OUTSTANDING, BY
INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK OF ANY COUNTY
IN WHICH THE AUTHORITY OPERATES AND HAS AN OFFICE AND PROVED OR ACKNOWL-
EDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE
TO REPRESENT THE HOLDERS OF SUCH NOTES OR BONDS FOR THE PURPOSES HEREIN
PROVIDED.
2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS THEN
OUTSTANDING SHALL, IN HIS OR HER OWN NAME:
(A) BY SUIT, ACTION OR PROCEEDING IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS OR BONDHOLD-
S. 5555 174
ERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT FARES,
TOLLS, RENTALS, RATES, CHARGES AND OTHER FEES ADEQUATE TO CARRY OUT ANY
AGREEMENT AS TO, OR PLEDGE OF, SUCH FARES, TOLLS, RENTALS, RATES, CHARG-
ES AND OTHER FEES AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND TO PERFORM ITS
DUTIES UNDER THIS TITLE;
(B) BRING SUIT UPON SUCH NOTES OR BONDS;
(C) BY ACTION OR SUIT, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE
THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
(D) BY ACTION OR SUIT, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL
OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS;
AND/OR
(E) DECLARE ALL SUCH NOTES OR BONDS DUE AND PAYABLE, AND IF ALL
DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF THE HOLDERS OF
TWENTY-FIVE PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS
THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
3. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
TATION OF BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND PROTECTION
OF THEIR RIGHTS.
4. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE ON BEHALF OF SUCH NOTEHOLDERS OR BONDHOLDERS.
THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE
COUNTY IN WHICH THE INSTRUMENT OR INSTRUMENTS ARE FILED IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION.
5. BEFORE DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS' NOTICE IN WRITING TO THE
GOVERNOR, TO THE AUTHORITY, TO THE COMPTROLLER AND TO THE ATTORNEY
GENERAL OF THE STATE.
§ 1349-JJJJJ. NOTES AND BONDS AS LEGAL INVESTMENT. THE NOTES AND BONDS
OF THE AUTHORITY ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS
AND BODIES OF THE STATE AND ALL MUNICIPALITIES AND POLITICAL SUBDIVI-
SIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRY-
ING ON AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES,
SAVINGS BANKS AND SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSO-
CIATIONS, BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER
PERSONS CARRYING ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS,
EXECUTORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSO-
EVER WHO ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS
OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTAND-
ING ANY OTHER PROVISIONS OF LAW, THE BONDS OF THE AUTHORITY ARE ALSO
HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND SHALL BE RECEIVED
BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICIPALITIES
AND POLITICAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOSIT OF
BONDS OR OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE
AUTHORIZED.
§ 1349-KKKKK. EXEMPTION FROM TAXATION. IT IS HEREBY FOUND, DETERMINED
AND DECLARED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF
ITS PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE
STATE OF NEW YORK AND FOR THE IMPROVEMENT OF THEIR HEALTH, WELFARE AND
PROSPERITY AND IS A PUBLIC PURPOSE, AND THAT THE AUTHORITY WILL BE
PERFORMING AN ESSENTIAL GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE
POWERS CONFERRED UPON IT BY THIS TITLE. WITHOUT LIMITING THE GENERALITY
OF THE FOLLOWING PROVISIONS OF THIS SECTION, PROPERTY OWNED BY THE
S. 5555 175
AUTHORITY, PROPERTY LEASED BY THE AUTHORITY AND USED FOR TRANSPORTATION
PURPOSES, AND PROPERTY USED FOR TRANSPORTATION PURPOSES BY OR FOR THE
BENEFIT OF THE AUTHORITY EXCLUSIVELY PURSUANT TO THE PROVISIONS OF A
JOINT SERVICE ARRANGEMENT OR OF A JOINT FACILITIES AGREEMENT OR TRACKAGE
RIGHTS AGREEMENT SHALL ALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALO-
REM LEVIES. THE AUTHORITY SHALL BE REQUIRED TO PAY NO FEES, TAXES OR
ASSESSMENTS, WHETHER STATE OR LOCAL, INCLUDING BUT NOT LIMITED TO FEES,
TAXES OR ASSESSMENTS ON REAL ESTATE, FRANCHISE TAXES, SALES TAXES OR
OTHER EXCISE TAXES, UPON ANY OF ITS PROPERTY, OR UPON THE USE THEREOF,
OR UPON ITS ACTIVITIES IN THE OPERATION AND MAINTENANCE OF ITS FACILI-
TIES OR ON ANY FARES, TOLLS, RENTALS, RATES, CHARGES OR OTHER FEES,
REVENUES OR OTHER INCOME RECEIVED BY THE AUTHORITY AND THE BONDS OF THE
AUTHORITY AND THE INCOME THEREFROM SHALL AT ALL TIMES BE EXEMPT FROM
TAXATION, EXCEPT FOR GIFT AND ESTATE TAXES AND TAXES ON TRANSFERS. THIS
SECTION SHALL CONSTITUTE A COVENANT AND AGREEMENT WITH THE HOLDERS OF
ALL BONDS ISSUED BY THE AUTHORITY. THE TERMS "TAXATION" AND "SPECIAL AD
VALOREM LEVY" SHALL HAVE THE SAME MEANINGS AS DEFINED IN SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW AND THE TERM "TRANSPORTATION
PURPOSES" SHALL HAVE THE SAME MEANING AS USED IN TITLES TWO-A AND TWO-B
OF ARTICLE FOUR OF SUCH LAW.
§ 1349-LLLLL. ACTIONS AGAINST THE AUTHORITY. 1. AS A CONDITION TO THE
CONSENT OF THE STATE TO SUCH SUITS AGAINST THE AUTHORITY, IN EVERY
ACTION AGAINST THE AUTHORITY FOR DAMAGES, FOR INJURIES TO REAL OR
PERSONAL PROPERTY OR FOR THE DESTRUCTION THEREOF, OR FOR PERSONAL INJU-
RIES OR DEATH, THE COMPLAINT SHALL CONTAIN AN ALLEGATION THAT AT LEAST
THIRTY DAYS HAVE ELAPSED SINCE THE DEMAND, CLAIM OR CLAIMS UPON WHICH
SUCH ACTION IS FOUNDED WERE PRESENTED TO A MEMBER OF THE AUTHORITY OR
OTHER OFFICER DESIGNATED FOR SUCH PURPOSE AND THAT THE AUTHORITY HAS
NEGLECTED OR REFUSED TO MAKE AN ADJUSTMENT OR PAYMENT THEREOF.
2. AN ACTION AGAINST THE AUTHORITY FOUNDED ON TORT, EXCEPT AN ACTION
FOR WRONGFUL DEATH, SHALL NOT BE COMMENCED MORE THAN ONE YEAR AND NINETY
DAYS AFTER THE CAUSE OF ACTION THEREFOR SHALL HAVE ACCRUED, NOR UNLESS A
NOTICE OF CLAIM SHALL HAVE BEEN SERVED ON THE AUTHORITY WITHIN THE TIME
LIMITED BY AND IN COMPLIANCE WITH ALL THE REQUIREMENTS OF SECTION
FIFTY-E OF THE GENERAL MUNICIPAL LAW. AN ACTION AGAINST THE AUTHORITY
FOR WRONGFUL DEATH SHALL BE COMMENCED IN ACCORDANCE WITH THE NOTICE OF
CLAIM AND TIME LIMITATION PROVISIONS OF TITLE ELEVEN OF ARTICLE NINE OF
THIS CHAPTER.
3. THE AUTHORITY SHALL BE LIABLE, AND SHALL ASSUME THE LIABILITY TO
THE EXTENT THAT IT SHALL SAVE HARMLESS ANY DULY APPOINTED OFFICER OR
EMPLOYEE OF THE AUTHORITY, FOR THE NEGLIGENCE OF SUCH OFFICER OR EMPLOY-
EE, IN THE OPERATION OF A VEHICLE OR OTHER FACILITY OF TRANSPORTATION
OWNED OR OTHERWISE UNDER THE JURISDICTION AND CONTROL OF THE AUTHORITY
IN THE DISCHARGE OF A DUTY IMPOSED UPON SUCH OFFICER OR EMPLOYEE AT THE
TIME OF THE ACCIDENT, INJURY OR DAMAGES COMPLAINED OF, WHILE OTHERWISE
ACTING IN THE PERFORMANCE OF HIS OR HER DUTIES AND WITHIN THE SCOPE OF
HIS EMPLOYMENT.
4. THE AUTHORITY MAY REQUIRE ANY PERSON, PRESENTING FOR SETTLEMENT AN
ACCOUNT OR CLAIM FOR ANY CAUSE WHATEVER AGAINST THE AUTHORITY, TO BE
SWORN BEFORE A MEMBER, COUNSEL OR AN ATTORNEY, OFFICER OR EMPLOYEE OF
THE AUTHORITY DESIGNATED FOR SUCH PURPOSE, CONCERNING SUCH ACCOUNT OR
CLAIM AND WHEN SO SWORN TO ANSWER ORALLY AS TO ANY FACTS RELATIVE TO
SUCH ACCOUNT OR CLAIM. THE AUTHORITY SHALL HAVE POWER TO SETTLE OR
ADJUST ALL CLAIMS IN FAVOR OF OR AGAINST THE AUTHORITY.
5. THE RATE OF INTEREST TO BE PAID BY THE AUTHORITY UPON ANY JUDGMENT
FOR WHICH IT IS LIABLE SHALL NOT EXCEED FOUR PER CENTUM PER ANNUM.
S. 5555 176
6. THE PROVISIONS OF THIS SECTION WHICH RELATE TO THE REQUIREMENT FOR
SERVICE OF A NOTICE OF CLAIM SHALL NOT APPLY TO A SUBSIDIARY CORPORATION
OF THE AUTHORITY. IN ALL OTHER RESPECTS, EACH SUBSIDIARY CORPORATION OF
THE AUTHORITY SHALL BE SUBJECT TO THE PROVISIONS OF THIS SECTION AS IF
SUCH SUBSIDIARY CORPORATION WERE SEPARATELY NAMED HEREIN, PROVIDED,
HOWEVER, THAT A SUBSIDIARY CORPORATION OF THE AUTHORITY WHICH IS A STOCK
CORPORATION SHALL NOT BE SUBJECT TO THE PROVISIONS OF THIS SECTION
EXCEPT WITH RESPECT TO THOSE CAUSES OF ACTION ARISING ON AND AFTER THE
FIRST DAY OF THE TWELFTH CALENDAR MONTH FOLLOWING THAT CALENDAR MONTH IN
WHICH SUCH STOCK CORPORATION BECOMES A SUBSIDIARY CORPORATION OF THE
AUTHORITY.
§ 1349-MMMMM. ANNUAL AUDIT OF THE AUTHORITY. 1. THE COMPTROLLER SHALL
CONDUCT AN ANNUAL AUDIT OF THE BOOKS AND RECORDS OF THE AUTHORITY AND
ITS SUBSIDIARY CORPORATIONS. SUCH AUDIT SHALL INCLUDE A COMPLETE AND
THOROUGH EXAMINATION OF SUCH AUTHORITY'S RECEIPTS, DISBURSEMENTS, REVEN-
UES AND EXPENSES DURING THE PRIOR FISCAL YEAR IN ACCORDANCE WITH THE
CATEGORIES OR CLASSIFICATIONS ESTABLISHED BY SUCH AUTHORITY FOR ITS OWN
OPERATING AND CAPITAL OUTLAY PURPOSES; ASSETS AND LIABILITIES AT THE END
OF ITS LAST FISCAL YEAR INCLUDING THE STATUS OF RESERVE, DEPRECIATION,
SPECIAL OR OTHER FUNDS AND INCLUDING THE RECEIPTS AND PAYMENTS OF THESE
FUNDS; SCHEDULE OF BONDS AND NOTES OUTSTANDING AT THE END OF ITS FISCAL
YEAR AND THEIR REDEMPTION DATES, TOGETHER WITH A STATEMENT OF THE
AMOUNTS REDEEMED AND INCURRED DURING SUCH FISCAL YEAR; OPERATIONS, DEBT
SERVICE AND CAPITAL CONSTRUCTION DURING THE PRIOR FISCAL YEAR.
2. THE COMPTROLLER, UPON COMPLETION OF SUCH AUDIT, SHALL WITHIN SIXTY
DAYS THEREAFTER, REPORT TO THE GOVERNOR AND THE LEGISLATURE HIS OR HER
FINDINGS, CONCLUSIONS AND RECOMMENDATIONS THEREOF.
§ 1349-NNNNN. AUTHORITY BUDGET AND FINANCIAL PLAN. 1. IN ADDITION TO
THE REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER,
EACH AUTHORITY BUDGET AND PLAN SHALL BE POSTED ON ITS WEBSITE AND SHALL:
(A) PRESENT INFORMATION RELATING TO THE AUTHORITY AND EACH OF ITS AGEN-
CIES IN A CLEAR AND CONSISTENT MANNER AND FORMAT; (B) BE PREPARED IN
ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, EXCEPT AS
OTHERWISE CONSENTED TO BY THE COMPTROLLER UPON GOOD CAUSE SHOWN; (C) BE
BASED ON REASONABLE ASSUMPTIONS AND METHODS OF ESTIMATION; (D) INCLUDE
ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES; (E) IDENTIFY ANY
PLANNED TRANSACTION THAT WOULD SHIFT RESOURCES, FROM ANY SOURCE, FROM
ONE FISCAL YEAR TO ANOTHER, AND THE AMOUNT OF ANY RESERVES; AND (F)
CONTAIN A SUMMARY IN PLAIN ENGLISH OF THE PRINCIPAL INFORMATION IN THE
BUDGET AND CONCLUSIONS TO BE DRAWN FROM IT.
2. THE AUTHORITY SHALL PREPARE AND MAKE AVAILABLE FOR PUBLIC
INSPECTION ON ITS WEBSITE INFORMATION THAT DETAILS THE SOURCES OF DATA
AND THE ASSUMPTIONS AND METHODS OF ESTIMATION USED TO CALCULATE ALL
OPERATING AND CAPITAL BUDGET PROJECTIONS, CONSISTENT WITH GENERALLY
ACCEPTED BUDGETARY PRACTICES.
3. THE AUTHORITY SHALL ESTABLISH AT LEAST ANNUALLY THE QUARTERLY
REVENUE AND EXPENSE TARGETS FOR THE AUTHORITY, AND FOR EACH SUBSIDIARY
OR OTHER AUTHORITY CREATED BY THE AUTHORITY ITSELF AND FOR WHICH IT
REPORTS FINANCIAL DATA.
4. THE AUTHORITY SHALL PREPARE AND MAKE AVAILABLE FOR PUBLIC
INSPECTION ON ITS WEBSITE: (A) WITHIN SIXTY DAYS OF THE RELEASE OF THE
ADOPTED BUDGET AND ANY UPDATES TO THE BUDGET, EXCEPT UPDATES RELEASED
WITHIN NINETY DAYS OF THE CLOSE OF THE FISCAL YEAR, MONTHLY PROJECTIONS
FOR THE CURRENT FISCAL YEAR OF ALL REVENUES AND EXPENSES, STAFFING FOR
THE AUTHORITY AND EACH OF ITS AGENCIES, AND UTILIZATION FOR EACH OF THE
AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS, INCLUDING
S. 5555 177
BRIDGES AND TUNNELS; (B) WITHIN SIXTY DAYS AFTER THE CLOSE OF EACH QUAR-
TER, A COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL STAFFING AND
ACTUAL UTILIZATION TO PLANNED OR PROJECTED LEVELS FOR EACH OF THE
AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS, INCLUDING
BRIDGES AND TUNNELS, WITH AN EXPLANATION OF EACH MATERIAL VARIANCE AND
ITS BUDGETARY IMPACT; AND (C) WITHIN NINETY DAYS AFTER THE CLOSE OF EACH
QUARTER, THE STATUS OF EACH GAP-CLOSING INITIATIVE WITH A PROJECTED
VALUE GREATER THAN ONE MILLION DOLLARS IN ANY GIVEN FISCAL YEAR; THE
STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT NOT LIMITED
TO COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND AN EXPLANATION OF
MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS.
5. FINANCIAL INFORMATION REQUIRED TO BE SUBMITTED BY THE AUTHORITY
PURSUANT TO PARAGRAPHS (D) AND (E) OF SUBDIVISION ONE OF SECTION THIR-
TEEN HUNDRED FORTY-NINE-AAAAA OF THIS TITLE SHALL BE PRESENTED IN A
FORMAT CONSISTENT WITH THE BUDGET AND PLAN, IN DOWNLOADABLE, SEARCHABLE
FORMAT.
§ 1349-OOOOO. INDEPENDENT AUDIT OF THE AUTHORITY. THE INDEPENDENT
AUDITOR RETAINED BY THE AUTHORITY SHALL NOT PROVIDE TO THE AUTHORITY,
CONTEMPORANEOUSLY WITH THE AUDIT UNLESS IT SHALL HAVE PREVIOUSLY
RECEIVED WRITTEN APPROVAL BY THE AUDIT COMMITTEE ANY NON-AUDIT SERVICE,
INCLUDING:
1. ROUTINE BOOKKEEPING OR OTHER SERVICES;
2. FINANCIAL INFORMATION SYSTEMS DESIGN AND IMPLEMENTATION;
3. APPRAISAL OR VALUATION SERVICES, FAIRNESS OPINIONS, OR CONTRIBU-
TION-IN-KIND REPORTS;
4. ACTUARIAL SERVICES;
5. OUTSOURCING SERVICES;
6. AUTHORITY MANAGEMENT FUNCTIONS OR HUMAN RESOURCES;
7. BROKER OR DEALER, INVESTMENT ADVISOR OR INVESTMENT BANKING
SERVICES;
8. LEGAL SERVICES AND EXPERT SERVICES UNRELATED TO THE AUDIT.
§ 1349-PPPPP. INDEPENDENT AUDIT BY THE LEGISLATURE. AFTER THE
SUBMISSION OF THE ANNUAL INDEPENDENT AUDIT REPORT TO THE LEGISLATURE
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER, AND AFTER
REVIEW OF SUCH REPORT, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY MAY COMMISSION AN AUDITING FIRM, EVERY TWO
YEARS, TO CONDUCT AN INDEPENDENT AUDIT OF THE AUTHORITY, INCLUDING ITS
SUBSIDIARIES. THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY SHALL SET THE SCOPE OF SUCH AUDIT, AND DETERMINE THE TERMS
OF THE REQUEST FOR PROPOSAL FOR SUCH AUDIT. SUCH AUDIT SHALL BE
PERFORMED FOR THE SECOND YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
THE AUTHORITY SHALL FULLY COOPERATE WITH AND ASSIST IN SUCH AN AUDIT.
§ 1349-QQQQQ. REPORTING. THE AUTHORITY SHALL POST ON ITS WEBSITE ON OR
BEFORE THE FIRST OF MAY, THE LAW FIRMS RETAINED BY THE AUTHORITY WHICH
IN THE PAST YEAR RECEIVED PAYMENT FOR SERVICES IN SUCH YEAR.
§ 1349-RRRRR. STATION OPERATION AND MAINTENANCE. 1. (A) THE OPERATION,
MAINTENANCE AND USE OF PASSENGER STATIONS SHALL BE PUBLIC PURPOSES OF
THE CITY OF NEW YORK AND THE COUNTIES WITHIN THE DISTRICT. THE TOTAL
COST TO THE AUTHORITY AND EACH OF ITS SUBSIDIARY CORPORATIONS OF OPERA-
TION, MAINTENANCE AND USE OF EACH PASSENGER STATION WITHIN THE DISTRICT
SERVICED BY ONE OR MORE RAILROAD FACILITIES OF THE AUTHORITY OR OF SUCH
SUBSIDIARY CORPORATION, INCLUDING THE BUILDINGS, APPURTENANCES, PLAT-
FORMS, LANDS AND APPROACHES INCIDENTAL OR ADJACENT THERETO, SHALL BE
BORNE BY THE CITY OF NEW YORK IF SUCH STATION IS LOCATED IN SUCH CITY
OR, IF NOT LOCATED IN SUCH CITY, BY SUCH COUNTY WITHIN THE DISTRICT IN
WHICH SUCH STATION IS LOCATED. ON OR BEFORE JUNE FIRST OF EACH YEAR, THE
S. 5555 178
AUTHORITY SHALL, IN ACCORDANCE WITH THE METHOD SPECIFIED HEREIN, DETER-
MINE AND CERTIFY TO THE CITY OF NEW YORK AND TO EACH COUNTY WITHIN THE
DISTRICT THE RESPECTIVE ALLOCATION OF COSTS RELATED TO THE OPERATION,
MAINTENANCE AND USE OF PASSENGER STATIONS WITHIN SUCH CITY AND EACH SUCH
OTHER COUNTY, FOR THE TWELVE-MONTH PERIOD ENDING THE PRECEDING MARCH
THIRTY-FIRST.
(I) THE TOTAL PAYMENT AMOUNT TO BE BILLED BY THE AUTHORITY FOR THE
OPERATION, MAINTENANCE AND USE OF EACH PASSENGER STATION WITHIN THE CITY
OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, WESTCHESTER, DUTCHESS,
PUTNAM, ORANGE, AND ROCKLAND SHALL BE CALCULATED BY SUMMING THE TOTAL
AMOUNT LISTED IN THE BASE AMOUNT TABLE PLUS AN ADJUSTMENT TO SUCH BASE
YEAR AMOUNT EQUAL TO THE BASE AMOUNT TIMES THE INCREASE OR DECREASE IN
THE CONSUMER PRICE INDEX FOR WAGE EARNERS AND CLERICAL WORKERS FOR THE
NEW YORK, NORTHEASTERN-NEW JERSEY STANDARD METROPOLITAN STATISTICAL AREA
FOR THE TWELVE-MONTH PERIOD BEING BILLED.
BASE AMOUNT TABLE
COUNTY BASE AMOUNT
NASSAU $19,200,000
SUFFOLK $11,834,091
WESTCHESTER $13,269,310
DUTCHESS $1,581,880
PUTNAM $618,619
ORANGE $327,247
ROCKLAND $34,791
CITY OF NEW YORK $61,435,330
(II) FOR EACH YEAR THEREAFTER, SUCH TOTAL PAYMENT FOR EACH SUCH COUNTY
SHALL BE THE SAME AMOUNT AS THE TOTAL PAYMENT DURING THE IMMEDIATELY
PRIOR YEAR, PLUS AN ADJUSTMENT EQUAL TO THE PRIOR YEAR AMOUNT TIMES THE
INCREASE OR DECREASE IN THE CONSUMER PRICE INDEX FOR WAGE EARNERS AND
CLERICAL WORKERS FOR THE NEW YORK, NORTHEASTERN-NEW JERSEY STANDARD
METROPOLITAN STATISTICAL AREA FOR THE TWELVE-MONTH PERIOD BEING BILLED.
(B) ON OR BEFORE THE FOLLOWING SEPTEMBER FIRST, OF EACH YEAR, SUCH
CITY AND EACH SUCH COUNTY SHALL PAY TO THE AUTHORITY SUCH COST OR AMOUNT
SO CERTIFIED TO IT ON OR BEFORE THE PRECEDING JUNE FIRST. SUCH CITY AND
EACH SUCH COUNTY SHALL HAVE POWER TO FINANCE SUCH COSTS TO IT BY THE
ISSUANCE OF BUDGET NOTES PURSUANT TO SECTION 29.00 OF THE LOCAL FINANCE
LAW. EACH YEAR, THE AUTHORITY, THE CITY OF NEW YORK AND THE COUNTIES OF
NASSAU, SUFFOLK, WESTCHESTER, DUTCHESS, PUTNAM, ORANGE, AND ROCKLAND
MAY, AFTER HAVING REACHED AN AGREEMENT, RECOMMEND TO THE LEGISLATURE
MODIFICATIONS TO THE AMOUNTS SET FORTH IN THIS SECTION BASED UPON CHANG-
ES MADE TO COMMUTER SERVICES INCLUDING BUT NOT LIMITED TO CHANGES IN THE
NUMBER OF PASSENGER STATIONS WITHIN SUCH COUNTIES OR THE LEVEL OF COMMU-
TER RAIL SERVICE PROVIDED TO ANY SUCH PASSENGER STATIONS. FAILURE
BETWEEN THE AUTHORITY AND BETWEEN THE COUNTIES TO REACH AGREEMENT WILL
BE REFERRED TO THE STATE COMPTROLLER FOR MEDIATION. IF THE MEDIATION IS
UNSUCCESSFUL, EACH PARTY AND THE STATE COMPTROLLER MAY SUBMIT A RECOM-
MENDATION TO THE GOVERNOR AND THE LEGISLATURE FOR LEGISLATIVE ACTION.
(C) IN THE EVENT THAT A CITY OR COUNTY SHALL FAIL TO MAKE PAYMENT TO
THE AUTHORITY FOR STATION MAINTENANCE AS REQUIRED PURSUANT TO THIS
SECTION, OR ANY PART THEREOF, THE CHIEF EXECUTIVE OFFICER OF THE AUTHOR-
ITY OR SUCH OTHER PERSON AS THE CHAIRPERSON SHALL DESIGNATE SHALL CERTI-
FY TO THE STATE COMPTROLLER THE AMOUNT DUE AND OWING THE AUTHORITY AT
S. 5555 179
THE END OF THE STATE FISCAL YEAR AND THE STATE COMPTROLLER SHALL WITH-
HOLD AN EQUIVALENT AMOUNT FROM THE NEXT SUCCEEDING STATE AID ALLOCATED
TO SUCH COUNTY OR CITY FROM THE MOTOR FUEL TAX AND THE MOTOR VEHICLE
REGISTRATION FEE DISTRIBUTED PURSUANT TO FORMER SECTION ONE HUNDRED
TWELVE OF THE HIGHWAY LAW, OR AMOUNTS DISTRIBUTED PURSUANT TO SECTION
TEN-C OF THE HIGHWAY LAW, OR PER CAPITA LOCAL ASSISTANCE PURSUANT TO
SECTION FIFTY-FOUR OF THE STATE FINANCE LAW SUBJECT TO THE FOLLOWING
LIMITATIONS: (I) PRIOR TO WITHHOLDING AMOUNTS DUE THE AUTHORITY FROM
SUCH COUNTY OR CITY, THE COMPTROLLER SHALL PAY IN FULL ANY AMOUNT DUE
THE STATE OF NEW YORK MUNICIPAL BOND BANK AGENCY, ON ACCOUNT OF ANY SUCH
COUNTY'S OR CITY'S OBLIGATION TO SUCH AGENCY; THE CITY UNIVERSITY
CONSTRUCTION FUND PURSUANT TO THE PROVISIONS OF THE CITY UNIVERSITY
CONSTRUCTION FUND ACT; THE NEW YORK CITY HOUSING DEVELOPMENT CORPO-
RATION, PURSUANT TO THE PROVISIONS OF THE NEW YORK CITY HOUSING DEVELOP-
MENT CORPORATION ACT, ARTICLE TWELVE OF THE PRIVATE HOUSING FINANCE LAW;
AND (II) THE TRANSIT CONSTRUCTION FUND PURSUANT TO THE PROVISIONS OF
TITLE NINE-A OF THIS ARTICLE. THE COMPTROLLER SHALL GIVE THE DIRECTOR OF
THE BUDGET NOTIFICATION OF ANY SUCH PAYMENT. SUCH AMOUNT OR AMOUNTS SO
WITHHELD BY THE COMPTROLLER SHALL BE PAID TO THE AUTHORITY AND THE
AUTHORITY SHALL USE SUCH AMOUNT FOR THE REPAYMENT OF THE STATE ADVANCES
HEREBY AUTHORIZED. WHEN SUCH AMOUNT OR AMOUNTS ARE RECEIVED BY THE
AUTHORITY, IT SHALL CREDIT SUCH AMOUNTS AGAINST ANY AMOUNTS DUE AND
OWING BY THE CITY OR COUNTY ON WHOSE ACCOUNT SUCH AMOUNT WAS WITHHELD
AND PAID.
2. A PUBLIC HEARING OR HEARINGS SHALL BE HELD AT LEAST THIRTY DAYS
PRIOR TO THE CLOSURE OF ANY TRANSPORTATION FACILITY DUE TO CONSTRUCTION,
IMPROVEMENT, RECONSTRUCTION OR REHABILITATION WHERE SUCH FACILITY WILL
BE OUT-OF-SERVICE FOR NINETY DAYS OR LONGER. PUBLIC HEARINGS REQUIRED BY
THIS SUBDIVISION SHALL BE HELD AT ONE OR MORE LOCATIONS CONVENIENTLY
ACCESSIBLE TO THE PERSONS WHO WOULD BE AFFECTED BY SUCH CLOSURE.
§ 1349-SSSSS. TRANSFER AND RECEIPT OF SURPLUS FUNDS. NOTWITHSTANDING
ANY PROVISION OF THIS TITLE OR ANY OTHER PROVISION OF LAW, GENERAL,
SPECIAL OR LOCAL, THE AUTHORITY MAY FROM TIME TO TIME TRANSFER AND PAY
OVER TO THE NEW YORK CITY TRANSIT AUTHORITY OR THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY ALL OR ANY PART OF ITS SURPLUS FUNDS AND MAY ACCEPT AND
USE ANY MONIES TRANSFERRED AND PAID OVER TO IT BY THE NEW YORK CITY
TRANSIT AUTHORITY OR THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY.
§ 1349-TTTTT. TITLE NOT AFFECTED IF IN PART UNCONSTITUTIONAL OR INEF-
FECTIVE. IF ANY PROVISION OF ANY SECTION OF THIS TITLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY
A COURT OF COMPETENT JURISDICTION, SUCH ORDER OR JUDGMENT SHALL BE
CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED,
AND SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF ANY PROVISION OF ANY
SECTION OF THIS TITLE OR THE APPLICATION OF ANY PART THEREOF TO ANY
OTHER PERSON OR CIRCUMSTANCE AND TO THIS END THE PROVISIONS OF EACH
SECTION OF THIS TITLE ARE HEREBY DECLARED TO BE SEVERABLE.
§ 1349-UUUUU. COMMUTER TRANSPORTATION AUTHORITY INSPECTOR GENERAL. 1.
THERE IS HEREBY CREATED IN THE COMMUTER TRANSPORTATION AUTHORITY AN
OFFICE OF COMMUTER TRANSPORTATION AUTHORITY INSPECTOR GENERAL. THE
INSPECTOR GENERAL SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND
CONSENT OF THE SENATE. THE INSPECTOR GENERAL SHALL, PRIOR TO HIS OR HER
APPOINTMENT, HAVE HAD AT LEAST TEN YEARS EXPERIENCE IN THE MANAGEMENT OF
TRANSPORTATION SERVICES, IN AUDITING AND INVESTIGATION OF GOVERNMENTAL
OPERATIONS, OR IN SERVICES RELATED TO MANAGEMENT AND PRODUCTIVITY
IMPROVEMENT. THE TERM OF OFFICE OF THE INSPECTOR GENERAL SHALL BE FIVE
YEARS FROM THE EFFECTIVE DATE OF APPOINTMENT, AND HE OR SHE SHALL SERVE
S. 5555 180
AT THE PLEASURE OF THE GOVERNOR. THE SALARY OF THE INSPECTOR GENERAL
SHALL BE DETERMINED BY THE AUTHORITY BOARD.
2. THE INSPECTOR GENERAL SHALL ANNUALLY SUBMIT TO THE BOARD OF THE
COMMUTER TRANSPORTATION AUTHORITY A BUDGET REQUEST FOR THE OPERATION OF
THE OFFICE. IF THE BOARD DISAPPROVES ANY PORTION OF SUCH REQUEST AND THE
COMMISSIONER OF TRANSPORTATION DETERMINES SUCH DISAPPROVAL TO BE UNREA-
SONABLE, SUCH COMMISSIONER SHALL WITHHOLD FROM PAYMENTS DUE SUCH AUTHOR-
ITY, THE AMOUNT SO DETERMINED TO BE UNREASONABLE AND TRANSFER SUCH
AMOUNT TO THE OFFICE OF THE COMMUTER TRANSPORTATION AUTHORITY INSPECTOR
GENERAL.
3. THE INSPECTOR GENERAL SHALL HAVE FULL AND UNRESTRICTED ACCESS TO
ALL RECORDS, INFORMATION, DATA, REPORTS, PLANS, PROJECTIONS, MATTERS,
CONTRACTS, MEMORANDA, CORRESPONDENCE AND ANY OTHER MATERIALS OF THE
AUTHORITY AND ITS SUBSIDIARIES, THE LONG ISLAND RAIL ROAD, METRO-NORTH
RAILROAD, AND METROPOLITAN SUBURBAN BUS AUTHORITY, OR ANY OTHER AGENCY
THAT MAY COME UNDER THE CONTROL OF THE AUTHORITY, OR WITHIN THEIR CUSTO-
DY OR CONTROL.
4. THE INSPECTOR GENERAL, NOTWITHSTANDING THE PROVISIONS OF TITLE NINE
OF THIS ARTICLE AND THIS TITLE, AND OF TITLE THREE OF ARTICLE THREE OF
THIS CHAPTER, SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
(A) TO RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY SOURCE OR UPON HIS
OR HER OWN INITIATIVE CONCERNING ALLEGED ABUSES, FRAUDS AND SERVICE
DEFICIENCIES, INCLUDING DEFICIENCIES IN THE MAINTENANCE AND OPERATION OF
FACILITIES, RELATING TO THE AUTHORITY AND ITS SUBSIDIARIES;
(B) TO INITIATE SUCH REVIEWS AS HE OR SHE MAY DEEM APPROPRIATE OF THE
OPERATIONS OF THE AUTHORITY AND ITS SUBSIDIARIES, IN ORDER TO IDENTIFY
AREAS IN WHICH PERFORMANCE MIGHT BE IMPROVED AND AVAILABLE FUNDS USED
MORE EFFECTIVELY;
(C) TO RECOMMEND REMEDIAL ACTIONS TO BE TAKEN BY THE AUTHORITY AND ITS
SUBSIDIARIES, TO OVERCOME OR CORRECT OPERATING OR MAINTENANCE DEFICIEN-
CIES AND INEFFICIENCIES THAT HE OR SHE DETERMINES TO EXIST;
(D) TO MAKE AVAILABLE TO APPROPRIATE LAW ENFORCEMENT OFFICIALS INFOR-
MATION AND EVIDENCE WHICH RELATE TO CRIMINAL ACTS THAT HE OR SHE MAY
OBTAIN IN CARRYING OUT HIS OR HER DUTIES;
(E) TO SUBPOENA WITNESSES, ADMINISTER OATHS OR AFFIRMATIONS, TAKE
TESTIMONY AND COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
DOCUMENTS AS HE OR SHE MAY DEEM TO BE RELEVANT TO ANY INQUIRY OR INVES-
TIGATION UNDERTAKEN PURSUANT TO THIS SECTION AND TO DELEGATE SUCH POWERS
TO A DULY AUTHORIZED DEPUTY INSPECTOR GENERAL;
(F) TO MONITOR THE IMPLEMENTATION BY THE AUTHORITY AND ITS SUBSID-
IARIES OF RECOMMENDATIONS MADE BY THE INSPECTOR GENERAL OR OTHER AUDIT
AGENCIES; AND
(G) TO DO ALL THINGS NECESSARY TO CARRY OUT THE FUNCTIONS, POWERS AND
DUTIES SET FORTH IN THIS SECTION.
5. THE INSPECTOR GENERAL SHALL COOPERATE, CONSULT AND COORDINATE WITH
THE STATE PUBLIC TRANSPORTATION SAFETY BOARD WITH REGARD TO ANY ACTIVITY
CONCERNING THE OPERATIONS OF THE COMMUTER TRANSPORTATION AUTHORITY. WITH
RESPECT TO ANY ACCIDENT ON THE FACILITIES OF THE COMMUTER TRANSPORTATION
AUTHORITY, THE PRIMARY RESPONSIBILITY FOR INVESTIGATION SHALL BE THAT OF
THE BOARD WHICH SHALL SHARE ITS FINDINGS WITH THE COMMUTER TRANSPORTA-
TION AUTHORITY INSPECTOR GENERAL.
6. THE INSPECTOR GENERAL SHALL MAKE ANNUAL PUBLIC REPORTS ON HIS OR
HER FINDINGS AND RECOMMENDATIONS. SUCH A REPORT SHALL BE FILED IN THE
OFFICE OF THE GOVERNOR AND WITH THE LEGISLATURE ON OR BEFORE THE FIRST
OF FEBRUARY FOR THE PRECEDING YEAR. THE COMMUTER TRANSPORTATION AUTHORI-
TY AND ITS APPLICABLE CONSTITUENT AGENCIES SHALL PREPARE A RESPONSE TO
S. 5555 181
THE ANNUAL REPORT AND TO ANY AND ALL OTHER FINAL REPORTS MADE BY THE
INSPECTOR GENERAL WITHIN THIRTY DAYS OF RECEIPT, WHICH TIME MAY BE
EXTENDED BY THE INSPECTOR GENERAL IN HIS OR HER DISCRETION, INDICATING
WHETHER SUCH AUTHORITY INTENDS TO IMPLEMENT THE RECOMMENDATIONS IN SUCH
REPORTS, AND, IF NOT, WHY NOT. IN ADDITION, THE COMMUTER TRANSPORTATION
AUTHORITY AND ITS APPLICABLE CONSTITUENT AGENCIES SHALL GIVE QUARTERLY
REPORTS TO THE INSPECTOR GENERAL OUTLINING THE STATUS OF EACH OF THE
RECOMMENDATIONS MADE BY THE INSPECTOR GENERAL IN HIS OR HER FINAL
REPORTS. COPIES OF ALL OF THESE REPORTS SHALL BE SENT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
CHAIRPERSON OF THE SENATE TRANSPORTATION COMMITTEE, THE CHAIRPERSON OF
THE SENATE FINANCE COMMITTEE, THE CHAIRPERSON OF THE ASSEMBLY CORPO-
RATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE AND THE CHAIRPERSON OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE.
7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE INSPECTOR GENERAL
MAY REQUEST FROM ANY DEPARTMENT, BOARD, BUREAU, COMMISSION, OFFICE OR
OTHER AGENCY OF THE STATE, OR ANY OF ITS POLITICAL SUBDIVISIONS, SUCH
COOPERATION, ASSISTANCE, SERVICES AND DATA AS WILL ENABLE HIM OR HER TO
CARRY OUT HIS OR HER FUNCTIONS, POWERS AND DUTIES HEREUNDER, AND THEY
ARE AUTHORIZED AND DIRECTED TO PROVIDE SAID COOPERATION, ASSISTANCE,
SERVICES AND DATA.
§ 1349-VVVVV. MANAGEMENT ADVISORY BOARD. 1. THERE IS HEREBY CREATED IN
THE OFFICE OF THE COMMUTER TRANSPORTATION AUTHORITY INSPECTOR GENERAL A
MANAGEMENT ADVISORY BOARD, CONSISTING OF THIRTEEN MEMBERS APPOINTED BY
THE GOVERNOR, OF WHOM TWO SHALL BE APPOINTED UPON NOMINATION BY THE
TEMPORARY PRESIDENT OF THE SENATE, TWO UPON NOMINATION BY THE SPEAKER OF
THE ASSEMBLY, ONE UPON NOMINATION BY THE MINORITY LEADER OF THE SENATE
AND ONE UPON NOMINATION BY THE MINORITY LEADER OF THE ASSEMBLY. ALL
MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS, EXCEPT THAT, OF THE TWO
MEMBERS FIRST APPOINTED UPON NOMINATION BY THE TEMPORARY PRESIDENT OF
THE SENATE, ONE SHALL SERVE FOR A TERM OF TWO YEARS AND ONE SHALL SERVE
FOR A TERM OF ONE YEAR; OF THE TWO MEMBERS FIRST APPOINTED UPON NOMI-
NATION BY THE SPEAKER OF THE ASSEMBLY, ONE SHALL SERVE FOR A TERM OF TWO
YEARS AND ONE SHALL SERVE FOR A TERM OF ONE YEAR; AND, OF TWO OF THE
MEMBERS FIRST APPOINTED BY THE GOVERNOR WITHOUT NOMINATION BY ANY OTHER
PERSON, TWO SHALL EACH SERVE FOR A TERM OF TWO YEARS AND TWO SHALL EACH
SERVE FOR A TERM OF ONE YEAR. ONE OF THE MEMBERS APPOINTED TO THE
MANAGEMENT ADVISORY BOARD DIRECTLY BY THE GOVERNOR SHALL BE DESIGNATED
BY THE GOVERNOR TO SERVE AS ITS CHAIRPERSON.
2. ALL MEMBERS OF THE MANAGEMENT ADVISORY BOARD SHALL BE RESIDENTS OF
THE METROPOLITAN TRANSPORTATION DISTRICT, AND SHALL BE PERSONS WITH
SUBSTANTIAL EXPERIENCE IN THE MANAGEMENT OF PRIVATE ENTERPRISE, IN THE
DELIVERY OF PUBLIC SERVICES, OR IN LABOR OR LABOR-MANAGEMENT RELATIONS.
3. THE MANAGEMENT ADVISORY BOARD SHALL ASSIST THE COMMUTER TRANSPORTA-
TION AUTHORITY INSPECTOR GENERAL IN IDENTIFYING WAYS TO IMPROVE
SERVICES, REDUCE COSTS AND INCREASE THE EFFICIENCY OF THE AUTHORITY AND
ITS SUBSIDIARIES.
4. NO LATER THAN THE FIRST OF APRIL NEXT SUCCEEDING THE EFFECTIVE DATE
OF THIS SECTION, AND ANNUALLY THEREAFTER, THE MANAGEMENT ADVISORY BOARD
SHALL SUBMIT TO THE GOVERNOR AND THE LEGISLATURE A REPORT ON ITS ACTIV-
ITIES DURING THE PREVIOUS YEAR.
5. THE OFFICE OF THE COMMUTER TRANSPORTATION AUTHORITY INSPECTOR
GENERAL SHALL PROVIDE THE MANAGEMENT ADVISORY BOARD WITH SUCH STAFF
SUPPORT AS MAY BE REQUIRED FOR THE PERFORMANCE OF ITS DUTIES.
S. 5555 182
6. MEMBERS OF THE MANAGEMENT ADVISORY BOARD SHALL SERVE WITHOUT
COMPENSATION, BUT SHALL BE REIMBURSED FOR EXPENSES REASONABLY INCURRED
IN THE PERFORMANCE OF THEIR DUTIES.
§ 1349-WWWWW. TRANSITION-ELECTION TO WITHDRAW FROM THE METROPOLITAN
COMMUTER TRANSPORTATION DISTRICT. 1. THE COUNTIES OF DUTCHESS, ORANGE
AND ROCKLAND SHALL HAVE AN OPTION TO WITHDRAW FROM THE METROPOLITAN
COMMUTER TRANSPORTATION DISTRICT AND HAVE SUCH WITHDRAWAL TAKE EFFECT ON
EITHER: (A) THE FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE DATE OF
THIS SECTION. IF ANY SUCH COUNTY PLANS TO WITHDRAW FROM THE DISTRICT ON
THE FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION,
IT SHALL: (I) NO LATER THAN SEVENTY-FIVE DAYS AFTER THE EFFECTIVE DATE
OF THIS SECTION, FURNISH THE COMMISSIONER OF TRANSPORTATION, AND CHAIR-
PERSON OF THE AUTHORITY AND THE OTHER COUNTIES WHICH HAVE AN OPTION TO
WITHDRAW, A RESOLUTION ADOPTED BY THE COUNTY LEGISLATURE PROVIDING
NOTICE OF INTENT TO WITHDRAW; (II) ON OR BEFORE THE FIRST OF OCTOBER
NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, FURNISH TO THE
COMMISSIONER OF TRANSPORTATION, THE CHAIRPERSON OF THE AUTHORITY AND
OTHER COUNTIES WHICH HAVE AN OPTION TO WITHDRAW, A RESOLUTION ADOPTED BY
THE COUNTY LEGISLATURE PROVIDING FOR A PUBLIC TRANSPORTATION PLAN. FOR
THE PURPOSES OF THIS SECTION, A "PUBLIC TRANSPORTATION PLAN" SHALL MEAN
A PLAN THAT MAINTAINS ADEQUATE AND CONTINUOUS PUBLIC TRANSPORTATION
SERVICES FROM THE WITHDRAWING COUNTY TO THE CITY OF NEW YORK OR ANY
TERMINUS PREVIOUSLY SERVED, PROVIDES A REASONABLE LEVEL OF RAIL PASSEN-
GER SERVICE, PROVIDES A SCHEDULE FOR IMPLEMENTING SUCH SERVICE, PROTECTS
THE PUBLIC INVESTMENT IN THE RAIL TRANSPORTATION SYSTEM AND ANY OTHER
CRITERIA DEEMED NECESSARY BY THE COMMISSIONER OF TRANSPORTATION. PRIOR
TO WITHDRAWAL PURSUANT TO THIS PARAGRAPH OR PARAGRAPH (B) OF THIS SUBDI-
VISION, A COUNTY SHALL RECEIVE APPROVAL OF ITS PUBLIC TRANSPORTATION
PLAN PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION; AND (III) ON OR
BEFORE THE FIRST OF DECEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS
SECTION, FURNISH THE COMMISSIONER OF TRANSPORTATION, A COPY OF AN AGREE-
MENT WITH THE AUTHORITY OR AN OPERATOR OF RAIL PASSENGER SERVICE FOR THE
PROVISION OF RAIL PASSENGER SERVICE TO AND FROM SUCH COUNTY AND THE CITY
OF NEW YORK OR ANY TERMINUS PREVIOUSLY SERVED.
IF A COUNTY PLANNING TO WITHDRAW ON THE FIRST OF JANUARY NEXT SUCCEED-
ING THE EFFECTIVE DATE OF THIS SECTION IS UNABLE TO WITHDRAW BECAUSE IT
COULD NOT MEET THE REQUIREMENTS OF THIS PARAGRAPH, IT MAY ELECT TO WITH-
DRAW PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
(B) THE SECOND OR THIRD FIRST OF JANUARY SUCCEEDING THE EFFECTIVE DATE
OF THIS SECTION. IF ANY SUCH COUNTY PLANS TO WITHDRAW ON EITHER THE
SECOND OR THIRD FIRST OF JANUARY NEXT SUCCEEDING THE EFFECTIVE DATE OF
THIS SECTION, IT SHALL: (I) NO LATER THAN NINETY DAYS AFTER THE FIRST OF
JANUARY OF THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH SUCH COUNTY
PLANS TO WITHDRAW FROM THE DISTRICT, FURNISH THE COMMISSIONER OF TRANS-
PORTATION, THE CHAIRPERSON OF THE AUTHORITY AND THE OTHER COUNTIES WHICH
HAVE AN OPTION TO WITHDRAW, A RESOLUTION ADOPTED BY THE COUNTY LEGISLA-
TURE PROVIDING NOTICE OF INTENT TO WITHDRAW FROM THE DISTRICT; (II) NO
LATER THAN ONE HUNDRED TWENTY DAYS AFTER THE FIRST OF JANUARY OF THE
YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH SUCH COUNTY PLANS TO WITH-
DRAW FROM THE DISTRICT FURNISH TO THE COMMISSIONER OF TRANSPORTATION,
THE CHAIRPERSON OF THE AUTHORITY AND THE COUNTIES WHICH HAVE AN OPTION
TO WITHDRAW A RESOLUTION ADOPTED BY THE COUNTY LEGISLATURE PROVIDING A
PUBLIC TRANSPORTATION PLAN AS DESCRIBED IN THIS SECTION; AND (III) ON OR
BEFORE OCTOBER FIRST OF THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH
SUCH COUNTY PLANS TO WITHDRAW FROM THE DISTRICT, FURNISH TO THE COMMIS-
SIONER A COPY OF AN AGREEMENT WITH THE AUTHORITY OR AN OPERATOR OF RAIL
S. 5555 183
PASSENGER SERVICE FOR THE PROVISION OF RAIL PASSENGER SERVICE TO AND
FROM SUCH COUNTY AND THE CITY OF NEW YORK OR ANY TERMINUS PREVIOUSLY
SERVED.
(C) NO LATER THAN THIRTY DAYS AFTER RECEIPT OF THE PUBLIC TRANSPORTA-
TION PLAN THE COMMISSIONER OF TRANSPORTATION SHALL, IN WRITING, EITHER
APPROVE SUCH PLAN AS CONFORMING WITH THE REQUIREMENTS HERETOFORE
DESCRIBED OR DISAPPROVE SUCH PLAN AS FAILING TO MEET SUCH REQUIREMENTS
AND THE REASONS THEREFOR. DISAPPROVAL OF A PLAN SHALL NOT PROHIBIT A
COUNTY FROM RESUBMITTING A PUBLIC TRANSPORTATION PLAN AND SUCH RESUBMIT-
TED PLAN SHALL BE APPROVED OR DISAPPROVED NO LATER THAN FIFTEEN DAYS
AFTER RECEIPT BY THE COMMISSIONER OF TRANSPORTATION. THE PUBLIC TRANS-
PORTATION PLAN SHALL BE SUBJECT TO ANY STATE OR FEDERAL PUBLIC HEARING
REQUIREMENTS WHICH THE AUTHORITY WOULD BE SUBJECT TO IF THE AUTHORITY
MADE THE CHANGES PROPOSED BY SUCH PLAN.
(D) ANY SUCH COUNTY WHICH PLANS TO WITHDRAW FROM THE DISTRICT SHALL
MEET THE REQUIREMENTS OF THIS SECTION PRIOR TO THE EFFECTIVE DATE OF
WITHDRAWAL, AND NO WITHDRAWAL FOR THE PURPOSES OF THIS SECTION SHALL
TAKE EFFECT UNLESS SUCH COUNTY FURNISHES THE RESOLUTIONS AND AGREEMENT
PRIOR TO THE EFFECTIVE DATE OF WITHDRAWAL.
2. THE AUTHORITY AND ANY SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL
ENTER INTO AN AGREEMENT OR AGREEMENTS WITH A COUNTY THAT PLANS TO WITH-
DRAW FROM THE DISTRICT TO TRANSFER AND ASSIGN TO SUCH COUNTY ALL AUTHOR-
ITY AND SUBSIDIARY RAILROAD FACILITIES AND OPERATIONS, RIGHTS AND OBLI-
GATIONS, AND CONTRACT RIGHTS AND OBLIGATIONS, INCLUDING OPERATING
CONTRACT RIGHTS AND OBLIGATIONS, WHICH ARE OWNED, OPERATED, MAINTAINED
OR USED DIRECTLY OR BY CONTRACT OR WHICH ARE OTHERWISE INVOLVED IN THE
PROVISION OF RAILROAD SERVICES TO SUCH COUNTIES. SUCH AGREEMENT SHALL
PROVIDE, IN THE EVENT A FACILITY, OPERATION, RIGHT OR OBLIGATION IS
NECESSARY AND MATERIAL TO THE PROVISION OF RAIL PASSENGER SERVICE IN THE
DISTRICT OR IS NOT ASSIGNABLE UNDER APPLICABLE BOND COVENANTS OR
CONTRACTS OR THE PARTIES AGREE THAT IT SHOULD NOT BE ASSIGNED, THAT THE
AUTHORITY OR SUBSIDIARY THEREOF SHALL CONTINUE TO HOLD AND BE RESPONSI-
BLE FOR SUCH FACILITY, OPERATION, RIGHT OR OBLIGATION AND THAT SUCH
COUNTY SHALL REIMBURSE TO THE AUTHORITY THAT PORTION OF THE COST TO THE
AUTHORITY OR SUBSIDIARY OF ITS RETENTION OF SUCH FACILITY, OPERATION,
RIGHT OR OBLIGATION THAT IS ALLOCABLE TO SUCH COUNTY. IF THE PARTIES
AGREE THAT THE AUTHORITY OR SUBSIDIARY THEREOF SHALL OPERATE THE RAIL-
ROAD FACILITIES IN A COUNTY AFTER THE EFFECTIVE DATE OF SUCH COUNTY'S
WITHDRAWAL, THE AGREEMENT ALSO SHALL PROVIDE FOR THE TERMS AND CONDI-
TIONS OF THE OPERATION OF SUCH SERVICE.
3. WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
AUTHORITY AND ANY SUBSIDIARY CORPORATION OF THE AUTHORITY SHALL PROVIDE
TO THE COUNTIES OF DUTCHESS, ORANGE AND ROCKLAND A WRITTEN STATEMENT,
INCLUDING COST ESTIMATES AND THE USEFUL LIFE, IF ANY, OF ALL OF ITS
FACILITIES, OPERATIONS, RIGHTS AND OBLIGATIONS RELATING TO THE PROVISION
OF RAIL SERVICE IN SUCH COUNTIES.
4. THE AUTHORITY AND ANY SUBSIDIARY CORPORATION OF THE AUTHORITY IS
AUTHORIZED TO ENTER INTO AN AGREEMENT OR AGREEMENTS WITH A COUNTY THAT
PLANS TO WITHDRAW FROM THE DISTRICT, PURSUANT TO WHICH THE AUTHORITY OR
SUBSIDIARY THEREOF WILL PROVIDE TECHNICAL ASSISTANCE TO SUCH COUNTY
PRIOR TO, DURING AND AFTER THE WITHDRAWAL, WITH RESPECT TO THE TRANSFER
OF OWNERSHIP, OPERATION, MAINTENANCE AND USE OF RAILROAD FACILITIES
WITHIN SUCH COUNTY. SUCH AGREEMENT MAY PROVIDE THAT THE COUNTY REIMBURSE
THE AUTHORITY OR ITS SUBSIDIARY FOR THE COST TO THE AUTHORITY AND ITS
SUBSIDIARY FOR THE PROVISION OF SUCH TECHNICAL ASSISTANCE.
S. 5555 184
5. THE AUTHORITY SHALL HAVE NO OBLIGATION TO UNDERTAKE OR CONTINUE ANY
PROJECT OR PART THEREOF IN A CURRENT OR FUTURE CAPITAL PROGRAM PLAN
WHICH PERTAINS TO RAILROAD FACILITIES WITHIN OR SERVICES TO A COUNTY
THAT WITHDRAWS FROM THE DISTRICT ON OR AFTER SUCH DATE OF WITHDRAWAL NOR
SHALL THE AUTHORITY ENTER INTO ANY CONTRACT FOR A PROJECT OR PART THERE-
OF WHICH WOULD INCREASE LIABILITIES PURSUANT TO SUBDIVISION SIX OF THIS
SECTION IN A COUNTY AFTER SUCH COUNTY NOTIFIES THE AUTHORITY OF ITS
INTENT TO WITHDRAW AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION,
PROVIDED, HOWEVER, THAT IF THE AUTHORITY HAS EXECUTED A CONTRACT FOR THE
EFFECTUATION OF A PROJECT OR PART THEREOF IN A CAPITAL PROGRAM PLAN IN
SUCH COUNTY, IT SHALL BE ASSIGNED TO SUCH COUNTY IN ACCORDANCE WITH
SUBDIVISION TWO OF THIS SECTION, UNLESS THE PARTIES AGREE THAT IT SHALL
NOT BE ASSIGNED AND THAT THE AUTHORITY OR ITS SUBSIDIARY SHALL CONTINUE
TO BE RESPONSIBLE THEREFOR, IN WHICH EVENT THE COUNTY SHALL REIMBURSE
THE AUTHORITY OR ITS SUBSIDIARY IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION TWO OF THIS SECTION.
6. ANY COUNTY WHICH WITHDRAWS FROM THE DISTRICT SHALL REIMBURSE TO THE
AUTHORITY OR ITS SUBSIDIARY, WITHIN THE TIME PERIOD AGREED TO BY THE
PARTIES, ANY CAPITAL EXPENDITURES HERETOFORE UNDERTAKEN BY THE AUTHORI-
TY, THE METROPOLITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARY FOR
RAILROAD FACILITIES ONLY WITHIN SUCH COUNTY WHICH WERE FINANCED BY
COMMUTER RAILROAD REVENUE BONDS ISSUED BY THE METROPOLITAN TRANSPORTA-
TION AUTHORITY PURSUANT TO SECTION TWELVE HUNDRED SIXTY-NINE OF THIS
ARTICLE OR BY THE AUTHORITY PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-
NINE-XXXX OF THIS TITLE AND ARE ASSIGNED TO SUCH COUNTY IN ACCORDANCE
WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
7. THE OBLIGATIONS OF A COUNTY THAT WITHDRAWS FROM THE DISTRICT TO
REIMBURSE THE AUTHORITY AND ANY SUBSIDIARY CORPORATION OF THE AUTHORITY
FOR THE COSTS OF OPERATION, MAINTENANCE AND USE OF PASSENGER STATIONS
PURSUANT TO SECTION THIRTEEN HUNDRED FORTY-NINE-RRRRR OF THIS TITLE,
SHALL CONTINUE FOR ANY SUCH COSTS INCURRED UP TO THE EFFECTIVE DATE OF
THE COUNTY'S WITHDRAWAL FROM THE DISTRICT AND FOR COSTS INCURRED THERE-
AFTER THAT RESULT FROM ACTS PRECEDING SUCH WITHDRAWAL, AND THE APPLICA-
BILITY OF THE PAYMENT PROVISIONS AND PROCEDURES OF SUCH SECTION THIRTEEN
HUNDRED FORTY-NINE-RRRRR TO SUCH COUNTY SHALL CONTINUE THEREAFTER WITH
RESPECT TO THE AFORESAID COSTS.
8. IN THE EVENT OF A COUNTY'S FAILURE TO MAKE PAYMENT OF ANY MONIES
DETERMINED BY THE AUTHORITY TO BE OWED AND DUE IT OR ANY SUBSIDIARY
CORPORATION OF THE AUTHORITY PURSUANT TO THE TERMS OF ANY AGREEMENT
ENTERED INTO PURSUANT TO THIS SECTION, THE AUTHORITY IS AUTHORIZED TO
RECOVER SUCH PAYMENTS IN THE SAME MANNER AS IN SECTION THIRTEEN HUNDRED
FORTY-NINE-RRRRR OF THIS TITLE AND THE STATE COMPTROLLER SHALL WITHHOLD
AND PAY MONIES TO THE AUTHORITY IN ACCORDANCE WITH THE PROCEDURES SET
FORTH IN THAT SECTION.
9. THE TERM OF OFFICE OF ANY RESIDENT OF A COUNTY THAT WITHDRAWS FROM
THE DISTRICT UNDER THIS SECTION, AS A MEMBER OF THE BOARD OF THE AUTHOR-
ITY, THE METRO-NORTH RAIL COMMUTER COUNCIL OR THE MANAGEMENT ADVISORY
BOARD, WHICH IS BASED UPON RESIDENCE IN SUCH COUNTY, SHALL TERMINATE
UPON THE COUNTY'S WITHDRAWAL AND THE OFFICE SHALL BE DEEMED VACANT AND
FILLED IN THE MANNER PROVIDED BY LAW.
10. THE PROVISIONS OF THIS SECTION AND ALL AGREEMENTS UNDERTAKEN IN
ACCORDANCE HEREWITH SHALL BE SUBJECT TO THE RIGHTS OF THE HOLDERS OF ANY
OUTSTANDING BONDS OR NOTES ISSUED BY THE AUTHORITY.
§ 1349-XXXXX. THE OFFICE OF LEGISLATIVE AND COMMUNITY INPUT. 1. THE
CHAIRPERSON OF THE AUTHORITY SHALL ESTABLISH THE OFFICE OF LEGISLATIVE
AND COMMUNITY INPUT FOR THE PURPOSE OF COMMUNICATING INFORMATION TO, AND
S. 5555 185
RECEIVING COMMENTS, CONCERNS AND RECOMMENDATIONS FROM, MEMBERS OF THE
LEGISLATURE, AND MEMBERS OF THE PERMANENT CITIZENS ADVISORY COMMITTEE TO
THE AUTHORITY, AS DEFINED IN SECTION THIRTEEN HUNDRED FORTY-NINE-QQQQ OF
THIS CHAPTER, ON THE FOLLOWING:
(A) THE OPERATIONS OF THE RAPID TRANSIT, OMNIBUS AND COMMUTER RAIL
LINE FACILITIES OF THE AUTHORITY INCLUDING, BUT NOT LIMITED TO:
(I) THE QUALITY OF SERVICE PROVIDED ON ANY RAPID TRANSIT, OMNIBUS, AND
COMMUTER RAIL LINE OR ROUTE;
(II) THE FREQUENCY OF OPERATING SERVICE ON THE AUTHORITY'S MASS TRANS-
IT FACILITIES;
(III) THE MAINTENANCE AND CONDITION OF THE AUTHORITY'S MASS TRANSIT
FACILITIES INCLUDING, BUT NOT LIMITED TO, RAPID TRANSIT AND COMMUTER
RAIL STATIONS, RAILCARS, BUSES, RAIL LINES, FARE COLLECTION SYSTEMS AND
SOUND SYSTEMS; AND
(IV) PROPOSED SERVICE CHANGES, INCLUDING ANY REDUCTIONS OR EXPANSION
OF SERVICES, AS IT RELATES TO THE AUTHORITY'S MASS TRANSIT FACILITIES;
AND
(B) ANY PROPOSED, SUBMITTED AND/OR APPROVED CAPITAL PROGRAM PLAN, ITS
COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES. ANY SUCH
COMMENTS, CONCERNS AND RECOMMENDATIONS RELATING TO THE CAPITAL PROGRAM
PLAN, ITS COMPONENTS, ELEMENTS AND PROJECTS, AND ASSOCIATED EXPENDITURES
SHALL BE TAKEN INTO CONSIDERATION IN THE DEVELOPMENT OF THE CURRENT AND
EACH SUCCESSIVE CAPITAL PROGRAM PLAN AND/OR ANY AMENDMENT TO SUCH PLAN.
2. THE OFFICE SHALL ESTABLISH A PROCESS TO ENSURE TIMELY NOTIFICATION
OF THE RECEIPT OF, AND RESPONSE TO, COMMENTS, CONCERNS, AND RECOMMENDA-
TIONS BY MEMBERS OF THE LEGISLATURE OR MEMBERS OF THE PERMANENT CITIZENS
ADVISORY COMMITTEE TO THE AUTHORITY.
3. THE CHAIR AND OFFICE SHALL PREPARE A REPORT CONTAINING THE FOLLOW-
ING INFORMATION:
(A) A COMPILATION OF THE COMMENTS, CONCERNS, AND RECOMMENDATIONS
RECEIVED BY THE OFFICE;
(B) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE OR WILL BE
ADDRESSED, SUCH AS THE AUTHORITY'S RESPONSE BY THE INCORPORATION OR
INITIATION OF SYSTEM AND OPERATIONAL ADJUSTMENTS, IMPROVEMENTS OR EXPAN-
SIONS IF APPLICABLE; AND
(C) HOW THESE COMMENTS, CONCERNS OR RECOMMENDATIONS WERE OR WILL BE
ADDRESSED, SUCH AS THE AUTHORITY'S RESPONSE BY CHANGING OR AMENDING THE
CAPITAL PLAN, AS WELL AS PROVIDING STATUS UPDATES ON THE PROGRESS OF
SUCH PLAN.
4. SUCH REPORT SHALL ON A BIANNUAL BASIS, COMMENCING THE FIRST OF
SEPTEMBER NEXT SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION, BE SUBMIT-
TED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY, BE POSTED ON THE AUTHORITY'S WEBSITE AND ALSO
BE MADE READILY AVAILABLE TO THE PUBLIC.
§ 1349-YYYYY. DEBARMENT. THE AUTHORITY SHALL ESTABLISH, PURSUANT TO
REGULATION, A DEBARMENT PROCESS FOR CONTRACTORS OF THE AUTHORITY THAT
PROHIBITS SUCH CONTRACTORS FROM BIDDING ON FUTURE CONTRACTS, AFTER A
DEBARMENT DETERMINATION BY SUCH AUTHORITY, FOR A PERIOD OF FIVE YEARS
FROM SUCH DETERMINATION. SUCH REGULATIONS SHALL ENSURE NOTICE AND AN
OPPORTUNITY TO BE HEARD BEFORE SUCH DEBARMENT DETERMINATION AND PROVIDE
AS A DEFENSE ACTS SUCH AS FORCE MAJEURE. SUCH REGULATIONS SHALL ONLY
PROVIDE FOR A DEBARMENT IN SITUATIONS INVOLVING A CONTRACTOR'S FAILURE
TO SUBSTANTIALLY COMPLETE THE WORK WITHIN THE TIME FRAME SET FORTH IN
THE CONTRACT, OR IN ANY SUBSEQUENT CHANGE ORDER, BY MORE THAN TEN
PERCENT OF THE CONTRACT TERM; OR WHERE A CONTRACTOR'S DISPUTED WORK
EXCEEDS TEN PERCENT OR MORE OF THE TOTAL CONTRACT COST WHERE CLAIMED
S. 5555 186
COSTS ARE DEEMED TO BE INVALID PURSUANT BY THE CONTRACTUAL DISPUTE
RESOLUTION PROCESS.
§ 1349-ZZZZZ. RIGHT TO SHARE EMPLOYEES. 1. IT IS HEREBY FOUND AND
DECLARED TO BE NECESSARY AND PROPER TO AUTHORIZE THE AUTHORITY, ITS
SUBSIDIARIES, AFFILIATES, AND SUBSIDIARIES OF AFFILIATES, POWERS TO
EFFECTUATE AND ENSURE SUCH ENTITIES CONTINUED FINANCIAL VIABILITY, WHICH
IS AT ISSUE GIVEN SIZABLE OPERATING DEFICITS AND SIGNIFICANT CAPITAL
NEEDS. ALLOWING WHOLESALE INTERNAL MANAGEMENT REFORMS WILL CREATE
SAVINGS, COMBAT ENTRENCHED BUREAUCRACIES, CREATE STREAMLINED, UNIFORM,
AND EFFICIENT SERVICES, ENSURE PUBLIC ACCOUNTABILITY AND REESTABLISH
PUBLIC TRUST. IN ORDER TO FACILITATE THESE NECESSARY GOALS IT IS BOTH
REASONABLE AND A LEGITIMATE PUBLIC PURPOSE TO PROVIDE SYSTEMATIC AUTHOR-
ITY FOR THE SHARING OF EMPLOYEES WITHIN AND BETWEEN THE RESPECTIVE ENTI-
TIES.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORI-
TY, ITS SUBSIDIARIES, AFFILIATES, AND SUBSIDIARIES OF AFFILIATES SHALL
EACH HAVE THE RIGHT TO SHARE EMPLOYEES WITHIN AND BETWEEN SUCH ENTITIES
AND TO ASSIGN SUCH EMPLOYEES TO PERFORM ANY OPERATION OR FUNCTION
SUBJECT ONLY TO A DETERMINATION THAT THEY ARE SUBSTANTIALLY SIMILAR TO
ANY OPERATION OR FUNCTION CURRENTLY PERFORMED. SUBSTANTIALLY SIMILAR
OPERATION OR FUNCTION SHALL BE DETERMINED EXCLUSIVELY BY THE AUTHORITY.
3. NOTHING SET FORTH IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPEDE,
INFRINGE OR DIMINISH THE RIGHTS AND BENEFITS THAT ACCRUE TO EMPLOYEES
AND EMPLOYERS THROUGH COLLECTIVE BARGAINING AGREEMENTS, OR IMPACT OR
CHANGE AN EMPLOYEE'S MEMBERSHIP IN A BARGAINING UNIT.
§ 2. This act shall take effect January 1, 2022.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.
Comments
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