NY State Senate Bill 2021-S5616

Senate Bill S5616

2021-2022 Legislative Session

Relates to collective employment negotiations, notice of the issuance of debt and capital plans and projects of the port authority of New York and New Jersey

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to corporations, authorities and commissions
Mar 12, 2021	referred to corporations, authorities and commissions

2021-S5616 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Port Authority of New York and New Jersey
Laws Affected:: Amd Arts 4, 7-B & 7-D, §1 of Chap 154 of 1921
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7116
2017-2018: S6305
2019-2020: S2390
2023-2024: S4611

2021-S5616 (ACTIVE) - Summary

Relates to collective employment negotiations, notice of the issuance of debt and capital plans and projects of the port authority of New York and New Jersey.

2021-S5616 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5616

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend chapter 154 of the laws of 1921 relating to the port
authority of New York and New Jersey, in relation to collective employ-
ment negotiations, notice of the issuance of debt and capital plans and
projects

 
PURPOSE:

To amend the Port Authority of New York and New Jersey Transparency and
Accountability Act of 2015 to include new reforms added by the New
Jersey State legislature.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would require that any interview conducted by
the inspector general must be in accordance with any applicable
provisions of the current collective bargaining agreement.

Section two would authorize the leader of the Assembly and Senate of
either State to request the Port Authority to appear before a standing
committee to present testimony on any topic or subject requested by the
committee. Unless otherwise agreed to by the requesting leader, the Port
Authority must be represented at the hearing by the chair or vice-chair,
the CEO, the CFO and any necessary staff.

Section three would require the Port Authority to provide sixty days
notice to the governors of both states, the leaders of each house of the
legislature, and the chair of the budget committees of both houses
before the issuance of any debt by a subsidiary of the Port Authority or
by the Port Authority on behalf of its subsidiary.

Section four would require all major capital projects, the cost of which
exceeds $500 million, to be monitored by independent engineering
consultants. The consultants shall prepare annual reports containing,
among other information, a comparison of actual and target performance
measures, costs and construction schedules, including any discrepancies.

Section four would also require the Port Authority to notify the legis-
lature of both states at least 60 days prior to the adoption of a capi-
tal plan. During the 60 days, the Port Authority must conduct a public
hearing in NY and in NJ, and would be required to conduct a "status
update" public hearing in NY and in NJ at least once every three years
after the adoption of the capital plan.

Section five sets forth the severability clause.

Section six provides that this act shall take effect upon the enactment
by the state of New Jersey of legislation having an identical effect
with this act.

 
JUSTIFICATION:

In December of 2015, Governor Cuomo signed into law, as chapter 559, the
PANYNJ Transparency and Accountability Act of 2015. Since similar legis-
lation must be enacted in New Jersey before the reforms can take effect,
the New Jersey State legislature are taking the necessary steps to pass
a similar bill. The sponsors of the New Jersey bill have added several
new provisions to chapter 559, including clarification that any inter-
view conducted by the Port Authority IG shall be performed in accordance
with the provisions of existing collective bargaining agreements.

The additional provisions are consistent with the spirit of improved
transparency and accountability, and would enhance their value and
effectiveness.

 
LEGISLATIVE HISTORY:

2020:S.2390- Referred to Corporations

2019:S.2390- Referred to Corporations

2018:S.6305- Referred to Corporations/A.9992 - Referred to Corporations

2017:S.6305- Passed Senate/A.3796 - Referred to Corporations

2016:S.7116- Passed Senate/A.9569 - Referred to Corporations

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately

2021-S5616 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5616
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  chapter 154 of the laws of 1921 relating to the port
   authority of New York  and  New  Jersey,  in  relation  to  collective
   employment  negotiations,  notice  of the issuance of debt and capital
   plans and projects
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph 4 of paragraph e of subdivision 6 of article
 IV of section 1 of chapter 154 of the laws of 1921 relating to the  port
 authority  of  New York and New Jersey, as amended by chapter 559 of the
 laws of 2015, is amended to read as follows:
   (4) interview any officer or employee of the  port  authority  or  its
 subsidiaries on any matter related to the performance of such officer or
 employee's  official  duties.  [To  the  extent that any portion of this
 paragraph is inconsistent with any current  contractual  obligations  of
 the  port  authority,  this  paragraph  shall not be applicable to those
 obligations until the earliest  expiration  of  those  terms  under  the
 contract]  TO  THE EXTENT THAT THE TERMS AND CONDITIONS OF EMPLOYMENT OF
 ANY EMPLOYEE ARE ESTABLISHED BY COLLECTIVE NEGOTIATIONS,  ANY  INTERVIEW
 CONDUCTED  PURSUANT  TO  THIS  PARAGRAPH  MUST BE IN ACCORDANCE WITH ANY
 APPLICABLE PROVISIONS OF  THE  CURRENT,  OR  MOST  RECENT,  IF  EXPIRED,
 COLLECTIVE  NEGOTIATIONS  AGREEMENT COVERING THE TERMS AND CONDITIONS OF
 EMPLOYMENT OF THE EMPLOYEE;
   § 2. Subdivision 8 of article IV of section 1 of chapter  154  of  the
 laws  of 1921 relating to the port authority of New York and New Jersey,
 as added by chapter 559 of the laws of  2015,  is  amended  to  read  as
 follows:
   8.  A. THE PORT AUTHORITY, AT THE REQUEST OF THE ASSEMBLY OR SENATE OF
 THE  NEW YORK STATE LEGISLATURE OR THE GENERAL ASSEMBLY OR SENATE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07067-01-1

 S. 5616                             2
 
 NEW JERSEY STATE LEGISLATURE, SHALL  BE  REQUIRED  TO  APPEAR  BEFORE  A
 COMMITTEE OF THE REQUESTING STATE LEGISLATIVE HOUSE, UPON REQUEST BY THE
 PRESIDING  OFFICER OF THAT STATE LEGISLATIVE HOUSE, TO PRESENT TESTIMONY
 ON  ANY  TOPIC  OR  SUBJECT  REQUESTED BY THE COMMITTEE OR TO RESPOND TO
 QUESTIONS BY MEMBERS OF THE COMMITTEE. THE  ASSEMBLY  OF  THE  NEW  YORK
 STATE  LEGISLATURE,  THE  SENATE  OF THE NEW YORK STATE LEGISLATURE, THE
 GENERAL ASSEMBLY OF THE NEW JERSEY STATE LEGISLATURE, AND THE SENATE  OF
 THE  NEW  JERSEY  STATE  LEGISLATURE  SHALL EACH BE ENTITLED TO TWO SUCH
 REQUESTS PER CALENDAR YEAR.
   B. UNLESS OTHERWISE AGREED TO BY THE PRESIDING OFFICER  OF  THE  STATE
 LEGISLATIVE  HOUSE  REQUESTING THE APPEARANCE OF THE PORT AUTHORITY, THE
 PORT AUTHORITY SHALL, AT A MINIMUM, BE REPRESENTED BY THE CHAIR OR VICE-
 CHAIR OF THE BOARD, CHIEF EXECUTIVE OFFICER, THE CHIEF  FINANCIAL  OFFI-
 CER,  AND  ANY  STAFF DEEMED NECESSARY BY THE CHAIR OR VICE-CHAIR OF THE
 BOARD, CHIEF EXECUTIVE OFFICER, OR THE CHIEF FINANCIAL OFFICER TO  PRES-
 ENT  TESTIMONY OR RESPOND TO QUESTIONS AT ANY APPEARANCE REQUIRED PURSU-
 ANT TO THIS SUBDIVISION. THE PRESIDING OFFICER MAY REQUEST  THE  APPEAR-
 ANCE  OF  ANY OFFICER OR EMPLOYEE OF THE PORT AUTHORITY. FOR PURPOSES OF
 THIS SUBDIVISION, AS APPLICABLE TO NEW YORK STATE,  "PRESIDING  OFFICER"
 SHALL  MEAN SPEAKER OF THE ASSEMBLY OF THE NEW YORK STATE LEGISLATURE OR
 TEMPORARY PRESIDENT OF THE SENATE OF THE NEW YORK STATE LEGISLATURE. FOR
 PURPOSES OF THIS SUBDIVISION, AS APPLICABLE TO THE STATE OF  NEW  JERSEY
 "PRESIDING OFFICER" SHALL MEAN THE PRESIDENT OF THE SENATE OR THE SPEAK-
 ER OF THE GENERAL ASSEMBLY OF THE STATE OF NEW JERSEY.
   9.  Barrier-free  access. The port authority shall make or cause to be
 made all reasonable efforts to ensure that meetings are held in  facili-
 ties  that  permit barrier-free physical access to people with disabili-
 ties. If the board determines to use video conferencing or similar tech-
 nology to conduct its meeting, it shall provide an opportunity  for  the
 public to attend, listen and observe such a meeting.
   § 3. Subdivision 3 of article VII-B of section 1 of chapter 154 of the
 laws  of  1921 relating to the port authority of New York and New Jersey
 is amended by adding a new paragraph d to read as follows:
   D. 60 DAYS PRIOR TO THE ISSUANCE OF ANY DEBT BY THE SUBSIDIARY  CORPO-
 RATION,  OR  THE PORT AUTHORITY ON BEHALF OF THE SUBSIDIARY CORPORATION,
 THE PORT AUTHORITY SHALL PROVIDE NOTICE TO THE GOVERNOR OF  EACH  STATE,
 THE  MAJORITY LEADER OF EACH HOUSE OF THE LEGISLATURE OF EACH STATE, THE
 CHAIR OF THE SENATE FINANCE COMMITTEE OF NEW  YORK,  THE  CHAIR  OF  THE
 SENATE  BUDGET  AND APPROPRIATIONS COMMITTEE OF NEW JERSEY, THE CHAIR OF
 THE ASSEMBLY WAYS AND MEANS COMMITTEE OF NEW YORK, AND THE CHAIR OF  THE
 ASSEMBLY  BUDGET  COMMITTEE OF NEW JERSEY. FOR PURPOSES OF THIS SECTION,
 AS APPLICABLE TO NEW YORK STATE "MAJORITY LEADER" SHALL MEAN SPEAKER  OF
 THE ASSEMBLY OF THE NEW YORK STATE LEGISLATURE OR TEMPORARY PRESIDENT OF
 THE  SENATE  OF  THE  NEW  YORK  STATE LEGISLATURE. FOR PURPOSES OF THIS
 SECTION, AS APPLICABLE TO THE STATE  OF  NEW  JERSEY  "MAJORITY  LEADER"
 SHALL  MEAN  THE  PRESIDENT  OF THE SENATE OR THE SPEAKER OF THE GENERAL
 ASSEMBLY OF THE STATE OF NEW JERSEY.
   § 4. Subdivision 3 of article VII-D of section 1 of chapter 154 of the
 laws of 1921 relating to the port authority of New York and New  Jersey,
 as  added  by  chapter  559  of  the laws of 2015, is amended to read as
 follows:
   3. Capital plan. A. The port authority shall adopt a ten-year  capital
 plan  that is developed using a comprehensive planning process and risk-
 based prioritization that considers  asset  condition,  operational  and
 revenue  impact,  threat assessment, customer service, regional benefit,
 and regulatory or statutory requirements.  The  capital  plan  shall  be

 S. 5616                             3
 
 dependent   upon  the  availability  of  sufficient  funding  and  other
 resources to pursue the capital projects proposed for the ten-year peri-
 od. Performance progress and revisions to reflect changes  in  programs,
 policies  and  projects  and the environment in which the port authority
 operates shall be reviewed regularly by a committee  designated  by  the
 board  of  commissioners,  and the capital plan shall be revised period-
 ically as necessary and appropriate, and  shall  be  reviewed  with  the
 board  of  commissioners  annually.  The port authority shall publish an
 annual report on the status of the capital program and such report shall
 be made publicly available on the port  authority's  website.  Prior  to
 adoption  of a capital plan, the port authority shall make such proposed
 plan available for public review and comments on its public website  for
 at  least  two weeks prior to approval, and all comments received are to
 be distributed to the board of commissioners for review prior to consid-
 eration of the capital plan.
   B. THE PORT AUTHORITY SHALL ALSO PROVIDE THAT MAJOR  CAPITAL  PROJECTS
 ARE  MONITORED  BY  INDEPENDENT ENGINEERING CONSULTANTS. THE INDEPENDENT
 CONSULTANTS SHALL PREPARE ANNUAL REPORTS TO BE PROVIDED TO THE BOARD AND
 MADE AVAILABLE TO THE PUBLIC.  THE ANNUAL REPORTS PREPARED BY  INDEPEND-
 ENT  CONSULTANTS  SHALL  INCLUDE, BUT NOT BE LIMITED TO, A COMPARISON OF
 ACTUAL AND TARGET PERFORMANCE MEASURES INCLUDING, BUT  NOT  LIMITED  TO,
 COSTS  AND  CONSTRUCTION  SCHEDULES,  AND A NARRATIVE EXPLANATION OF ANY
 DISCREPANCY THEREOF. FOR THE PURPOSES OF THIS SUBDIVISION, "MAJOR  CAPI-
 TAL  PROJECT"  MEANS  AN  UNDERTAKING  OR  PROGRAM  FOR THE ACQUISITION,
 CREATION, OR DEVELOPMENT OF ANY CROSSING,  TRANSPORTATION  FACILITY,  OR
 COMMERCE  FACILITY  OR ANY PART THEREOF, WITH AN ESTIMATED TOTAL PROJECT
 COST IN EXCESS OF $500,000,000.
   C. NO LESS THAN 60 DAYS PRIOR TO ANY BOARD ADOPTION OF A CAPITAL PLAN,
 AS DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION, OR ANY  MAJOR  REVISION
 OF  THE  LAST  ADOPTED CAPITAL PLAN, THE PORT AUTHORITY SHALL NOTIFY THE
 ASSEMBLY AND SENATE OF THE STATE OF NEW YORK AND  THE  GENERAL  ASSEMBLY
 AND SENATE OF THE NEW JERSEY STATE LEGISLATURE OF ITS INTENTION TO ADOPT
 A  CAPITAL PLAN, OR ANY MAJOR REVISION OF THE LAST ADOPTED CAPITAL PLAN.
 IN EITHER CASE, THE NOTICE SHALL RECITE THE MAJOR ELEMENTS OF THE  CAPI-
 TAL PLAN TO BE ADOPTED.
   D. WITHIN 60 DAYS OF THE NOTICE PROVIDED IN PARAGRAPH C OF THIS SUBDI-
 VISION,  THE  PORT  AUTHORITY  SHALL  CONDUCT A PUBLIC HEARING ABOUT THE
 CAPITAL PLAN OR ANY MAJOR REVISION THEREOF IN THE STATE OF NEW YORK  AND
 IN THE THE STATE OF NEW JERSEY.
   E.  THE PORT AUTHORITY SHALL CONDUCT A STATUS UPDATE PUBLIC HEARING IN
 THE STATE OF NEW YORK AND IN THE STATE OF NEW JERSEY AT LEAST ONCE EVERY
 THREE YEARS AFTER THE ADOPTION OF THE CAPITAL PLAN BY THE PORT  AUTHORI-
 TY.  SUCH  PUBLIC HEARING SHALL BE KNOWN AS "CAPITAL STATUS UPDATE HEAR-
 ING" AND AT SUCH HEARING THE PORT AUTHORITY SHALL PROVIDE  IN  DETAIL  A
 WRITTEN  DESCRIPTION  OF THE STATUS OF ALL CAPITAL PLAN PROJECTS AND THE
 COSTS AND THE EXPECTED COSTS OF THOSE PROJECTS. AT SUCH PUBLIC  HEARING,
 THE  PORT  AUTHORITY  SHALL PROVIDE A FINANCING PLAN THAT IDENTIFIES THE
 SOURCE OF FUNDING FOR EACH PROJECT. THE PORT AUTHORITY SHALL PROVIDE  AN
 ANALYSIS  THAT  COMPARES  ACTUAL  AND TARGET PERFORMANCE MEASURES, AND A
 DETAILED WRITTEN EXPLANATION OF ANY DISCREPANCY THEREOF  AT  THE  PUBLIC
 HEARING.
   § 5. 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

 S. 5616                             4
 
 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.
   §  6.  This  act  shall take effect upon the enactment into law by the
 state of New Jersey of legislation having an identical effect with  this
 act,  and  upon  the  enactment  into  law by the state of New Jersey of
 legislation having an identical effect with chapter 559 of the  laws  of
 2015  pursuant  to  section  6  of such chapter, but if the state of New
 Jersey shall have already enacted such legislation, then this act  shall
 take  effect  immediately.  The  chairperson of the port authority shall
 notify the legislative bill drafting commission upon the enactment  into
 law of such legislation by both such states in order that the commission
 may  maintain an accurate and timely effective data base of the official
 text of the laws of the state of New York in  furtherance  of  effecting
 the  provisions of section 44 of the legislative law and section 70-b of
 the public officers law.

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