S T A T E   O F   N E W   Y O R K
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                                   5575
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in relation to establishing  the
   Brooklyn-Queens expressway authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "21st Century Approach for the Brooklyn-Queens Expressway".
   §  2.  The transportation law is amended by adding a new article 23 to
 read as follows:
                                ARTICLE 23
                   BROOKLYN-QUEENS EXPRESSWAY AUTHORITY
 SECTION 490. LEGISLATIVE FINDINGS AND INTENT.
         491. ESTABLISHMENT OF AUTHORITY.
         492. POWERS AND DUTIES OF THE AUTHORITY.
         493. AUTHORITY MEMBERSHIP.
   § 490. LEGISLATIVE FINDINGS AND  INTENT.  CRITICAL  STRETCHES  OF  THE
 BROOKLYN-QUEENS  EXPRESSWAY ARE SUFFERING FROM SIGNIFICANT DETERIORATION
 AND WORK MUST BEGIN THIS YEAR TO FIX IT AND  ENSURE  THE  VIABILITY  AND
 SUSTAINABILITY  OF THE I-278 CORRIDOR THROUGH BROOKLYN AND PROVIDE A NEW
 TWENTY-FIRST CENTURY ROUTE TO MEET THE NEEDS OF  TODAY'S  TRAVEL  AROUND
 BROOKLYN ON I-278 AND ITS CONNECTIONS.
   §  491.  ESTABLISHMENT  OF  AUTHORITY.  1. THERE IS HEREBY CREATED THE
 BROOKLYN-QUEENS EXPRESSWAY AUTHORITY (HEREINAFTER REFERRED  TO  AS  "THE
 AUTHORITY"), WHICH SHALL BE A BODY CORPORATE AND POLITIC, CONSTITUTING A
 PUBLIC  BENEFIT  CORPORATION. THE PURPOSES OF THE AUTHORITY SHALL BE THE
 CONTINUANCE, FURTHER DEVELOPMENT AND IMPROVEMENT OF TRANSPORTATION ALONG
 THE  BROOKLYN-QUEENS  EXPRESSWAY  FROM  THE   VERRAZANO-NARROWS   BRIDGE
 CONNECTION IN BROOKLYN TO THE KOSCIUSZKO BRIDGE (HEREINAFTER REFERRED TO
 AS "THE BQE") AND OTHER IMPROVEMENTS RELATED THERETO.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09294-04-1
              

 S. 5575                             2
 
   2.  THE  AUTHORITY  IN  ITS  CORPORATE  EXISTENCE SHALL CONTINUE UNTIL
 TERMINATED BY LAW, PROVIDED, HOWEVER, THAT NO SUCH LAW SHALL TAKE EFFECT
 SO LONG AS THE AUTHORITY SHALL HAVE BONDS, NOTES AND  OTHER  OBLIGATIONS
 OUTSTANDING,  UNLESS  ADEQUATE  PROVISION  HAS BEEN MADE FOR THE PAYMENT
 THEREOF  IN  THE  DOCUMENTS  SECURING  THE SAME. UPON TERMINATION OF THE
 EXISTENCE OF THE AUTHORITY, ALL ITS RIGHTS AND PROPERTIES SHALL VEST  IN
 THE STATE.
   §  492.  POWERS  AND  DUTIES  OF THE AUTHORITY. 1. THE AUTHORITY SHALL
 STUDY CURRENT CONDITIONS AND DATA, DEVELOP A PLAN TO IMPROVE SUCH CONDI-
 TIONS, AND IMPLEMENT SUCH PLAN.  SUCH PLAN SHALL ADDRESS THE FOLLOWING:
   (A) DETERIORATION OF THE ROADWAY, PARTICULARLY THE SOUTHERN  EXTENSION
 OF THE BQE KNOWN AS THE GOWANUS EXPRESSWAY;
   (B)  SHORT-TERM  REPAIR,  AND THE RECONSTRUCTION OR REPLACEMENT OF THE
 TRIPLE CANTILEVERED SECTION OF THE BQE;
   (C) POTENTIAL CONSTRUCTION OF TUNNEL ALTERNATIVE TO REPLACE THE GOWAN-
 US EXPRESSWAY AND OTHER AREAS OF THE EXPRESSWAY WHERE FEASIBLE;
   (D) ENFORCEMENT OF TRUCK WEIGHT LIMITS;
   (E) ENVIRONMENTAL, ENVIRONMENTAL JUSTICE AND  ENVIRONMENTAL  SUSTAINA-
 BILITY  CONCERNS,  INCLUDING BUT NOT LIMITED TO, THE INCLUSION OF TRENDS
 AND SCIENTIFIC DEVELOPMENTS IN SUCH AREAS AS VEHICLE EMISSIONS, ALTERNA-
 TIVE FUELS, INCLUDING ELECTRIC VEHICLES, DEVELOPMENTS IN  TRANSPORTATION
 MATERIALS  AND CONSTRUCTION, OR OTHER SIMILAR DEVELOPMENTS, AND ALTERNA-
 TIVE MODES OF TRANSPORTATION IN ORDER TO ENSURE A JUST  TRANSITION  FROM
 FOSSIL FUELS; AND
   (F) SAFETY AND SUSTAINABILITY.
   2.  SUCH  PLAN  SHALL  BE  SUBMITTED  TO THE COMMISSIONER FOR APPROVAL
 BEFORE FUNDS ARE APPROPRIATED TO THE AUTHORITY FOR THE IMPLEMENTATION OF
 SUCH PLAN.
   § 493. AUTHORITY MEMBERSHIP. 1.  MEMBERSHIP  IN  THE  AUTHORITY  SHALL
 INCLUDE:
   (A) ONE REPRESENTATIVE FROM THE FEDERAL HIGHWAY ADMINISTRATION;
   (B) ONE REPRESENTATIVE FROM THE STATE DEPARTMENT OF TRANSPORTATION;
   (C)  ONE  REPRESENTATIVE FROM THE DEPARTMENT OF TRANSPORTATION FOR THE
 CITY OF NEW YORK;
   (D) THE BOROUGH PRESIDENT OF THE BOROUGH OF BROOKLYN;
   (E) NO MORE THAN  THREE  INDEPENDENT  ENGINEERS,  INCLUDING  REPRESEN-
 TATIVES FROM THE URBAN TRANSPORTATION RESEARCH CENTER OF CUNY; AND
   (F)   SIX   COMMUNITY  STAKEHOLDER  REPRESENTATIVES  FROM  COMMUNITIES
 THROUGHOUT THE I-278 CORRIDOR WHICH SHALL INCLUDE:
   (I) TWO REPRESENTATIVES APPOINTED BY THE SENATE;
   (II) TWO REPRESENTATIVES APPOINTED BY THE ASSEMBLY;
   (III) ONE REPRESENTATIVE APPOINTED BY THE CITY COUNCIL OF THE CITY  OF
 NEW YORK; AND
   (IV) ONE REPRESENTATIVE APPOINTED BY THE GOVERNOR.
   2.  MEMBERSHIP  IN THE AUTHORITY MAY INCLUDE OTHER COMMUNITY REPRESEN-
 TATIVES APPOINTED BY THE CITY COUNCIL OF  THE  CITY  OF  NEW  YORK,  THE
 GOVERNOR,  THE  SENATE AND THE ASSEMBLY; PROVIDED, SUCH MEMBERS SHALL BE
 NON-VOTING MEMBERS WHO SHALL NOT BE CONSIDERED IN DETERMINING A QUORUM.
   3. THE VOTING MEMBERS SHALL ELECT THE  CHAIRPERSON  OF  THE  AUTHORITY
 FROM AMONG THEIR NUMBER. A MAJORITY OF THE VOTING MEMBERS OF THE AUTHOR-
 ITY SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS OR THE
 EXERCISE  OF  ANY  POWER OR FUNCTION OF THE AUTHORITY. THE AUTHORITY MAY
 DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR TO ITS  OFFICERS,  AGENTS  OR
 EMPLOYEES, SUCH POWERS AND DUTIES AS IT MAY DEEM PROPER.
   4.  THE  MEMBERS SHALL SERVE WITHOUT SALARY OR OTHER COMPENSATION, BUT
 EACH MEMBER SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND  NECESSARY

 S. 5575                             3
 
 EXPENSES  INCURRED  IN  THE  PERFORMANCE  OF  HIS OR HER OR HER OFFICIAL
 DUTIES. ANYTHING TO THE CONTRARY CONTAINED HEREIN  NOTWITHSTANDING,  ANY
 MEMBER  WHO  SERVES AS AN EMPLOYEE OF THE AUTHORITY SHALL BE ENTITLED TO
 RECEIVE  SUCH  SALARY  AS THE MEMBERS MAY DETERMINE FOR SERVICES AS SUCH
 EMPLOYEE. SUCH MEMBERS OTHER THAN THOSE  SERVING  AS  EMPLOYEES  OF  THE
 AUTHORITY  MAY ENGAGE IN PRIVATE EMPLOYMENT, OR IN A PROFESSION OR BUSI-
 NESS. THE AUTHORITY,  ITS  MEMBERS,  OFFICERS  AND  EMPLOYEES  SHALL  BE
 SUBJECT  TO THE PROVISIONS OF SECTIONS SEVENTY-THREE AND SEVENTY-FOUR OF
 THE PUBLIC OFFICERS LAW. NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF
 LAW, GENERAL, SPECIAL OR LOCAL, NO OFFICER OF THE STATE, OR OF ANY CIVIL
 DIVISION THEREOF, SHALL BE DEEMED TO HAVE FORFEITED OR SHALL FORFEIT HIS
 OR  HER  OFFICE  OR  EMPLOYMENT  BY  REASON  OF HIS OR HER ACCEPTANCE OF
 MEMBERSHIP ON THE AUTHORITY CREATED BY THIS SECTION.
   5. THE CHAIRPERSON MAY REMOVE ANY MEMBER FOR INEFFICIENCY, NEGLECT  OF
 DUTY  OR  MISCONDUCT  IN  OFFICE  AFTER  GIVING HIM OR HER A COPY OF THE
 CHARGES AGAINST HIM OR HER AND AN OPPORTUNITY TO BE HEARD, IN PERSON  OR
 BY  COUNSEL, IN HIS OR HER DEFENSE, UPON NOT LESS THAN TEN DAYS' NOTICE.
 IF ANY SUCH MEMBER SHALL BE REMOVED, THE  GOVERNOR  SHALL  FILE  IN  THE
 OFFICE  OF  THE  DEPARTMENT OF STATE A COMPLETE STATEMENT OF THE CHARGES
 MADE AGAINST SUCH MEMBER AND HIS OR HER FINDINGS THEREON, TOGETHER  WITH
 A COMPLETE RECORD OF THE PROCEEDINGS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.