S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7040--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 25, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and  Commissions  --  recommitted  to  the  Committee on Corporations,
   Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 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 port authority
   organization, appearance and notice
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1, 5 and 6 of article 4 of section 1 of chap-
 ter 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, paragraph
 a  of  subdivision  6 as amended by chapter 104 of the laws of 2020, are
 amended to read as follows:
   1. Commissioners. A. The port authority shall consist of twelve VOTING
 COMMISSIONERS AND FOUR NON-VOTING COMMISSIONERS AS  DESCRIBED  IN  PARA-
 GRAPH  B  OF  THIS  SUBDIVISION.   OF THE TWELVE VOTING commissioners[,]
 THERE SHALL BE six resident voters from the state of New York, at  least
 four  of  whom shall be resident voters of the city of New York, and six
 resident voters from the state of New Jersey,  at  least  four  of  whom
 shall  be resident voters within the New Jersey portion of the district,
 the New York members to be chosen by the state of New York and  the  New
 Jersey  members  by  the  state  of New Jersey in the manner and for the
 terms fixed and determined from time to time by the legislature of  each
 state  respectively,  except  as herein provided.   THE NEW YORK MEMBERS
 SHALL BE APPOINTED BY THE GOVERNOR OF  NEW  YORK  WITH  THE  ADVICE  AND
 CONSENT  OF  THE NEW YORK STATE SENATE.  THE NEW JERSEY MEMBERS SHALL BE
 APPOINTED BY THE GOVERNOR OF NEW JERSEY WITH THE ADVICE AND  CONSENT  OF
 THE  NEW  JERSEY  STATE  SENATE.  Each  commissioner  may  be removed or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02112-08-2
              

 S. 7040--A                          2
 
 suspended from office as provided by the law of the state from which  he
 shall  be  appointed. ANY COMMISSIONER APPOINTED TO A TERM COMMENCING ON
 OR AFTER JANUARY 1, 2023 SHALL HAVE EXPERIENCE IN ONE  OR  MORE  OF  THE
 FOLLOWING   AREAS:    TRANSPORTATION,  PUBLIC  ADMINISTRATION,  BUSINESS
 MANAGEMENT, FINANCE, ACCOUNTING, LAW, ENGINEERING, LAND USE,  URBAN  AND
 REGIONAL   PLANNING,   MANAGEMENT   OF  LARGE  CAPITAL  PROJECTS,  LABOR
 RELATIONS, OR EXPERIENCE IN SOME OTHER AREA OF ACTIVITY CENTRAL  TO  THE
 MISSION  OF  THE  PORT  AUTHORITY.   ONE OF THE SIX VOTING COMMISSIONERS
 CHOSEN BY THE STATE OF NEW YORK SHALL BE APPOINTED ON THE WRITTEN RECOM-
 MENDATION OF THE MAYOR OF THE CITY OF NEW YORK. THE VOTING COMMISSIONERS
 SHALL BE APPOINTED FOR A TERM OF SIX YEARS AND SHALL SERVE NO MORE  THAN
 TWO  TERMS.  THE TERMS OF THE VOTING COMMISSIONERS SHALL BE STAGGERED SO
 THAT THREE OF THE SIX VOTING COMMISSIONERS APPOINTED BY THE STATE OF NEW
 YORK WILL HAVE THEIR TERMS EXPIRE IN ALTERNATING THREE YEAR  SHIFTS  AND
 THREE  OF  THE  SIX  VOTING  COMMISSIONERS APPOINTED BY THE STATE OF NEW
 JERSEY WILL HAVE THEIR TERMS EXPIRE IN ALTERNATING THREE YEARS SHIFTS.
   B. THERE SHALL BE FOUR NON-VOTING COMMISSIONERS OF THE PORT AUTHORITY,
 AS ESTABLISHED IN PARAGRAPH A OF THIS SUBDIVISION.  THE FIRST NON-VOTING
 COMMISSIONER SHALL BE A REGULAR MASS TRANSIT USER OF THE  STATE  OF  NEW
 YORK  BASED FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVER-
 NOR OF THE STATE OF NEW YORK BY A RIDER ADVOCACY GROUP. THE SECOND  NON-
 VOTING  COMMISSIONER  SHALL BE A REGULAR USER OF THE STATE OF NEW JERSEY
 BASED FACILITIES OF THE AUTHORITY AND SHALL BE RECOMMENDED TO THE GOVER-
 NOR OF THE STATE OF NEW JERSEY BY A  RIDER  ADVOCACY  GROUP.  THE  THIRD
 NON-VOTING  COMMISSIONER  SHALL  BE  RECOMMENDED  TO THE GOVERNOR OF THE
 STATE OF NEW YORK BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF
 AUTHORITY EMPLOYEES WORKING IN THE STATE OF NEW YORK.   THE FOURTH  NON-
 VOTING COMMISSIONER SHALL BE RECOMMENDED TO THE GOVERNOR OF THE STATE OF
 NEW  JERSEY  BY  THE  LABOR  ORGANIZATION  REPRESENTING  THE MAJORITY OF
 AUTHORITY EMPLOYEES WORKING IN THE STATE OF NEW JERSEY.  THE  FOUR  NON-
 VOTING COMMISSIONERS OF THE PORT AUTHORITY SHALL BE APPOINTED FOR A TERM
 OF SIX YEARS AND SHALL SERVE NO MORE THAN TWO TERMS.
   5.  Whistleblower  access  and assistance program. a. The chief ethics
 and compliance officer shall recommend to the board of  commissioners  a
 whistleblower  access  and  assistance program to be administered by the
 inspector general which shall include, but not be limited to:
   (1) establishing AN  EMAIL  ADDRESS  AND  toll-free  telephone  [and],
 facsimile, AND TEXT MESSAGING lines available to employees;
   (2)  offering  advice regarding employee rights under applicable state
 and federal laws and advice and options available to all persons; and
   (3) offering an opportunity for employees to identify concerns regard-
 ing any issue at  the  port  authority.  Any  communication  between  an
 employee  and  the  inspector  general pursuant to this section shall be
 held strictly confidential by the inspector general, unless the employee
 specifically waives in writing the right to confidentiality, except that
 such  confidentiality  shall  not  exempt  the  inspector  general  from
 disclosing  such information, where appropriate, to the board of commis-
 sioners and/or any law enforcement authority.
   b. The port authority shall  not  fire,  discharge,  demote,  suspend,
 threaten,  harass,  or  discriminate  against an employee because of the
 employee's role as a whistleblower, insofar as the actions taken by  the
 employee are legal.
   c. As used in this subdivision:
   (1)  "Employees"  means  those persons employed at the port authority,
 including but not limited to: full-time and part-time  employees,  those
 employees on probation, and temporary employees.
 S. 7040--A                          3
 
   (2)  "Whistleblower"  means  any  employee  of  the port authority who
 discloses information concerning acts of wrongdoing, misconduct, malfea-
 sance, or other inappropriate behavior by an employee or board member of
 the port authority, INCLUDING, BUT NOT LIMITED TO, concerning  the  port
 authority's investments, travel, acquisition of real or personal proper-
 ty,  the disposition of real or personal property, or the procurement of
 goods and services.
   6. Inspector general. a. The inspector general  shall  be  responsible
 for  receiving  and  investigating,  where  appropriate,  all complaints
 regarding fraud,  waste,  and  abuse  by  commissioners,  officers,  and
 employees of the port authority or third-parties doing business with the
 port  authority.   The inspector general shall also receive and investi-
 gate complaints from any source, or upon  his  or  her  own  initiative,
 concerning  allegations  of  corruption,  fraud, use of excessive force,
 criminal activity, conflicts of interest or abuse by any police  officer
 under  the  jurisdiction  of  the  Port Authority. The inspector general
 shall also be responsible for conducting investigations upon the inspec-
 tor general's own initiative, as the inspector general shall deem appro-
 priate.
   b. The inspector general shall inform the board of  commissioners  and
 the  chief  executive  officer  of allegations received by the inspector
 general and the  progress  of  investigations  related  thereto,  unless
 special circumstances require confidentiality;
   c.  The  inspector general shall determine with respect to allegations
 received by the inspector general whether disciplinary action  or  civil
 prosecution by the port authority is appropriate, and whether the matter
 should  be  referred  to  an appropriate governmental agency for further
 action;
   d. The inspector general shall  prepare  and  make  available  to  the
 public  written  reports of completed investigations, as appropriate and
 to the extent permitted by law, subject to redactions to protect a  need
 for  confidentiality.  The  release of all or portions of reports may be
 deferred to protect the confidentiality of ongoing investigations.
   e. The inspector general shall have the power to:
   (1) administer oaths or affirmations and examine witnesses under oath;
   (2) require the production of any books and papers deemed relevant  or
 material to any investigation, examination or review;
   (3)  notwithstanding  any  law  to  the  contrary, examine and copy or
 remove documents or records of any kind prepared, maintained or held  by
 the port authority and its subsidiaries;
   (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] 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 EMPLOY-
 EE;
   (5)  monitor the implementation by the port authority of any recommen-
 dations made by the inspector general; and
   (6) perform any other functions that are necessary or  appropriate  to
 fulfill the duties and responsibilities of office.
 S. 7040--A                          4
 
   §  2.  Subdivisions 1 and 3 of article 7-B 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, are amended to read
 as follows:
   1.  Needs  assessment.  The  port authority shall require that a needs
 assessment be conducted by an independent entity prior to  any  increase
 in  tolls  for  the use of any port authority bridge or tunnel, or fares
 for the use of the port authority trans-Hudson corporation rail  system.
 The  assessment  shall  be  MADE  PUBLICLY  AVAILABLE  IN  A CONSPICUOUS
 LOCATION ON THE PORT AUTHORITY'S WEBSITE AND presented by the  independ-
 ent  entity to the board of commissioners at a public meeting to be held
 at least ninety days prior to any meeting of the board of  commissioners
 to  vote  to any increase in the tolls for the use of any port authority
 bridge or tunnel, or fares for the use of the port authority  trans-Hud-
 son corporation rail system.
   3.  APPEARANCE.  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 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  LEGIS-
 LATURE,  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 A CHAIR  OR  VICE-
 CHAIR  OF  THE BOARD, CHIEF EXECUTIVE OFFICER, THE CHIEF FINANCIAL OFFI-
 CER, AND ANY STAFF DEEMED NECESSARY BY SUCH 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 SECTION.  THE PRESIDING OFFICER MAY REQUEST THE APPEARANCE
 OF ANY OFFICER OR EMPLOYEE OF THE PORT AUTHORITY.  FOR PURPOSES OF  THIS
 SECTION,  AS APPLICABLE TO NEW YORK STATE "PRESIDING OFFICER" SHALL MEAN
 THE SPEAKER OF THE ASSEMBLY OF THE NEW YORK STATE LEGISLATURE OR  TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE OF THE NEW YORK STATE LEGISLATURE.  FOR
 PURPOSES OF THIS SECTION, 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.
   4.  Subsidiaries  of  the  port authority. a. 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 finance
 committee of New York, the chair of the senate budget and appropriations
 committee of New Jersey, the chair of assembly ways and means  committee
 of New York, and the chair of the budget committee of New Jersey that it
 will  be  creating a subsidiary no less than 60 days prior to the forma-
 tion of the subsidiary.
   b. The creation of a subsidiary corporation shall be approved  by  the
 board of commissioners.
   c.  [On or before the first day of January, two thousand sixteen, and]
 WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  2022
 THAT AMENDED THIS SUBDIVISION, AND ON OR BEFORE THE FIRST DAY OF JANUARY
 EACH  YEAR  annually  thereafter, any subsidiary corporation, in cooper-
 ation with the port authority, shall provide to the governor and  legis-
 S. 7040--A                          5
 
 lature of each state a report on the subsidiary corporation. Such report
 shall include for each subsidiary:
   (1)  The  complete  legal name, address and contact information of the
 subsidiary;
   (2) The structure of the organization of the subsidiary, including the
 names and titles of each of its members, directors and officers, as well
 as a chart of its organizational structure;
   (3) The complete by-laws and legal organization papers of the  subsid-
 iary;
   (4) A complete report of the purpose, operations, mission and projects
 of the subsidiary; and
   (5)  Any  other information the subsidiary corporation deems important
 to include in such report.
   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 THE 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.
   §  3.  Subdivisions 3 and 4 of article 7-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, are amended and two
 new subdivisions 5 and 6 are added 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
 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] FOUR weeks prior to approval, and all  comments  received
 are  to be distributed to the board of commissioners for review prior to
 consideration 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 INDEPENDENT
 CONSULTANTS SHALL INCLUDE, BUT NOT BE LIMITED TO, A COMPARISON OF ACTUAL
 S. 7040--A                          6
 
 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 SECTION, "MAJOR CAPITAL 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:  (1)  NOTIFY
 THE ASSEMBLY AND SENATE OF THE NEW YORK STATE LEGISLATURE AND THE GENER-
 AL ASSEMBLY AND SENATE OF THE NEW JERSEY STATE LEGISLATURE OF ITS INTEN-
 TION  TO ADOPT A CAPITAL PLAN, OR ANY MAJOR REVISION OF THE LAST ADOPTED
 CAPITAL PLAN; (2) SUBMIT TO THE ASSEMBLY AND  SENATE  OF  THE  NEW  YORK
 STATE  LEGISLATURE AND THE GENERAL ASSEMBLY AND SENATE OF THE NEW JERSEY
 STATE LEGISLATURE THE PROPOSED CAPITAL PLAN, OR ANY PROPOSAL  CONSTITUT-
 ING  A  MAJOR  REVISION  OF THE LAST ADOPTED CAPITAL PLAN, FOR REVIEW BY
 EACH STATE LEGISLATURE; AND (3) MAKE THE PROPOSED CAPITAL PLAN,  INCLUD-
 ING ANY PROPOSAL CONSTITUTING A MAJOR REVISION OF THE LAST ADOPTED CAPI-
 TAL PLAN, PUBLICLY AVAILABLE ON THE PORT AUTHORITY WEBSITE.
   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 NEW YORK STATE AND IN  THE
 STATE OF NEW JERSEY.
   E.  THE PORT AUTHORITY SHALL CONDUCT A STATUS UPDATE PUBLIC HEARING IN
 NEW YORK STATE AND IN THE STATE OF NEW JERSEY AT LEAST ONCE  EVERY  YEAR
 AFTER  THE  ADOPTION  OF  THE  CAPITAL  PLAN BY THE PORT AUTHORITY. SUCH
 PUBLIC HEARING SHALL BE KNOWN AS "CAPITAL STATUS UPDATE HEARING" 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.
   4. Operating budget. The port authority shall prepare a detailed annu-
 al operating budget beginning with the fiscal year commencing after  the
 effective  date  of the chapter of the laws of [2015] 2022 which [added]
 AMENDED this article. A preliminary annual  operating  budget  shall  be
 made publicly available on the port authority's website in July of every
 fiscal  year  and a final annual operating budget shall be made publicly
 available in February of each fiscal year.
   5. PORT AUTHORITY TRANSPORTATION ADVISORY COMMITTEE. A. THERE IS HERE-
 BY ESTABLISHED A PORT AUTHORITY TRANSPORTATION ADVISORY COMMITTEE.   THE
 PURPOSE OF THE COMMITTEE SHALL BE TO FACILITATE COORDINATION BETWEEN AND
 AMONG  THE  TRANSPORTATION  AGENCIES  AND  OFFICIALS  IN EACH STATE THAT
 PROVIDE SERVICE OR  CONDUCT  BUSINESS  WITHIN  THE  PORT  DISTRICT.  THE
 COMMITTEE SHALL CONSIST OF 13 MEMBERS, TO BE APPOINTED AS FOLLOWS:
   (1)  ONE  INDIVIDUAL  APPOINTED JOINTLY BY THE CHAIR AND VICE-CHAIR OF
 THE PORT AUTHORITY;
   (2) THE EXECUTIVE DIRECTOR OF THE NEW JERSEY TRANSIT  CORPORATION,  EX
 OFFICIO, OR THE EXECUTIVE DIRECTOR'S DESIGNEE;
   (3)  THE  CHAIR OF THE METROPOLITAN TRANSPORTATION AUTHORITY, EX OFFI-
 CIO, OR THE CHAIR'S DESIGNEE;
   (4) THE COMMISSIONER OF THE NEW YORK CITY  DEPARTMENT  OF  TRANSPORTA-
 TION, EX OFFICIO, OR THE COMMISSIONER'S DESIGNEE;
 S. 7040--A                          7
 
   (5)  THE  CHAIRPERSON  OF  THE NATIONAL RAILROAD PASSENGER CORPORATION
 BOARD OF DIRECTORS, EX OFFICIO, OR THE CHAIRPERSON'S DESIGNEE;
   (6)  THE  COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF TRANSPORTATION,
 EX OFFICIO, OR THE COMMISSIONER'S DESIGNEE;
   (7) THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT  OF  TRANSPORTA-
 TION, EX OFFICIO, OR THE COMMISSIONER'S DESIGNEE;
   (8)  ONE INDIVIDUAL FROM THE NEW JERSEY EXECUTIVE BRANCH, APPOINTED BY
 THE GOVERNOR OF NEW JERSEY;
   (9) ONE INDIVIDUAL FROM THE NEW YORK STATE EXECUTIVE BRANCH, APPOINTED
 BY THE GOVERNOR OF NEW YORK;
   (10) ONE INDIVIDUAL APPOINTED BY THE PRESIDENT OF THE NEW JERSEY STATE
 SENATE;
   (11) ONE INDIVIDUAL APPOINTED BY THE SPEAKER OF THE NEW  JERSEY  STATE
 GENERAL ASSEMBLY;
   (12)  ONE  INDIVIDUAL  APPOINTED BY THE TEMPORARY PRESIDENT OF THE NEW
 YORK STATE SENATE; AND
   (13) ONE INDIVIDUAL APPOINTED BY THE SPEAKER OF  THE  NEW  YORK  STATE
 ASSEMBLY.
   B. THE INDIVIDUAL APPOINTED JOINTLY BY THE CHAIR AND VICE-CHAIR OF THE
 PORT  AUTHORITY  SHALL  SERVE FOR A TERM OF THREE YEARS. THE LEGISLATIVE
 APPOINTMENTS SHALL SERVE FOR A TERM OF TWO YEARS EACH.  THE  INDIVIDUALS
 APPOINTED FROM THE EXECUTIVE BRANCH OF NEW JERSEY AND FROM THE EXECUTIVE
 BRANCH OF NEW YORK SHALL SERVE AT THE PLEASURE OF EACH RESPECTIVE GOVER-
 NOR.
   C. VACANCIES IN THE MEMBERSHIP OF THE COMMITTEE SHALL BE FILLED IN THE
 SAME  MANNER  AS  THE ORIGINAL APPOINTMENTS ARE MADE AND A MEMBER MAY BE
 ELIGIBLE FOR REAPPOINTMENT. VACANCIES OCCURRING OTHER THAN BY EXPIRATION
 OF A TERM SHALL BE FILLED FOR THE UNEXPIRED TERM.
   D. THE MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT  COMPENSATION  BUT
 SHALL  BE REIMBURSED FOR REASONABLE EXPENSES NECESSARILY INCURRED IN THE
 PERFORMANCE OF THEIR DUTIES WITHIN THE LIMITS OF FUNDS  APPROPRIATED  OR
 OTHERWISE MADE AVAILABLE TO THE COMMITTEE FOR ITS PURPOSES.
   E. THE INDIVIDUAL APPOINTED JOINTLY BY THE CHAIR AND VICE-CHAIR OF THE
 PORT  AUTHORITY SHALL SERVE AS THE CHAIR OF THE COMMITTEE. THE COMMITTEE
 MAY APPOINT A SECRETARY WHO NEED NOT BE A MEMBER OF THE  COMMITTEE.  THE
 COMMITTEE  SHALL  MEET  QUARTERLY, AT A MINIMUM, TO DISCUSS THE REGION'S
 TRANSPORTATION NEEDS AND TO FACILITATE COORDINATION  BETWEEN  AND  AMONG
 THE  TRANSPORTATION  AGENCIES  AND  OFFICIALS IN EACH STATE AND THE PORT
 DISTRICT IN FURTHERANCE OF THE REGION'S TRANSPORTATION NEEDS.
   F. THE COMMITTEE AND EACH MEETING OF THE COMMITTEE SHALL  SERVE  AS  A
 VEHICLE  FOR  EACH  COMMITTEE  MEMBER  TO  SHARE  INFORMATION ABOUT THAT
 MEMBER'S AGENCY AND THE AGENCY'S UPCOMING PLANS AND OBJECTIVES. PRIOR TO
 THE COMMENCEMENT BY AN AGENCY REPRESENTED ON THE COMMITTEE OF ANY  MAJOR
 CAPITAL  PROJECT  WITH  AN  ESTIMATED COST IN EXCESS OF $50 MILLION, THE
 INDIVIDUAL REPRESENTING THAT AGENCY SHALL  NOTIFY  ALL  MEMBERS  OF  THE
 COMMITTEE.
   6.  MINORITY  AND  WOMEN-OWNED BUSINESS ENTERPRISE PROGRAMS. A. IN THE
 PERFORMANCE OF PROJECTS PURSUANT TO THIS ARTICLE,  MINORITY  AND  WOMEN-
 OWNED BUSINESS ENTERPRISES SHALL BE GIVEN THE OPPORTUNITY FOR MEANINGFUL
 PARTICIPATION. THE PORT AUTHORITY SHALL ESTABLISH QUANTIFIABLE STANDARDS
 AND  MEASURES AND PROCEDURES, IN ACCORDANCE WITH THE FINDINGS OF PERIOD-
 ICAL DISPARITY STUDIES  REGARDING  THE  PARTICIPATION  OF  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES  IN  PORT  AUTHORITY CONTRACTS, TO BE
 PREPARED BY AN ENTITY INDEPENDENT OF THE  PORT  AUTHORITY  AND  SELECTED
 THROUGH  A  REQUEST  FOR  PROPOSAL PROCESS, TO SECURE MEANINGFUL PARTIC-
 IPATION AND IDENTIFY THOSE CONTRACTS AND ITEMS OF WORK FOR WHICH MINORI-
 S. 7040--A                          8
 
 TY AND WOMEN-OWNED BUSINESS ENTERPRISES MAY BEST  BID  TO  ACTIVELY  AND
 AFFIRMATIVELY  PROMOTE AND ASSIST THEIR PARTICIPATION IN PROJECTS, SO AS
 TO FACILITATE THE AWARD OF A FAIR SHARE  OF  CONTRACTS  TO  SUCH  ENTER-
 PRISES;  PROVIDED,  HOWEVER,  THAT  NOTHING  IN  THIS  ARTICLE  SHALL BE
 CONSTRUED TO LIMIT THE ABILITY OF THE  PORT  AUTHORITY  TO  ASSURE  THAT
 QUALIFIED MINORITY AND WOMEN-OWNED  BUSINESS ENTERPRISES MAY PARTICIPATE
 IN  THE PROGRAM. FOR PURPOSES HEREOF, 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 OR OTHER VOTING INTEREST IS OWNED  BY  CITI-
 ZENS OR PERMANENT RESIDENT ALIENS WHO ARE BLACK, HISPANIC, ASIAN, AMERI-
 CAN  INDIAN,  PACIFIC  ISLANDER,  OR  ALASKAN NATIVE, AND SUCH OWNERSHIP
 INTEREST IS REAL, SUBSTANTIAL AND CONTINUING AND HAS  THE  AUTHORITY  TO
 INDEPENDENTLY  CONTROL  THE  DAY-TO-DAY BUSINESS DECISIONS OF THE ENTITY
 FOR AT LEAST  ONE YEAR; AND WOMEN-OWNED 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 OR OTHER VOTING INTERESTS OF WHICH IS OWNED BY CITI-
 ZENS OR PERMANENT RESIDENT ALIENS WHO  ARE  WOMEN,  AND  SUCH  OWNERSHIP
 INTEREST  IS  REAL,  SUBSTANTIAL AND CONTINUING AND HAS THE AUTHORITY TO
 INDEPENDENTLY CONTROL THE DAY-TO-DAY BUSINESS DECISIONS  OF  THE  ENTITY
 FOR  AT  LEAST ONE YEAR. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
 CONSTRUED TO LIMIT THE ABILITY OF ANY MINORITY  BUSINESS  ENTERPRISE  TO
 BID  ON  ANY  CONTRACT.  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT BE
 CONSTRUED TO REQUIRE THE  PORT  AUTHORITY  TO  ENGAGE  IN  ANY  UNLAWFUL
 CONDUCT IN SECURING MEANINGFUL PARTICIPATION OF MINORITY AND WOMEN-OWNED
 BUSINESS ENTERPRISES IN PORT AUTHORITY PROJECTS.
   B.    IN  ORDER  TO  IMPLEMENT THE REQUIREMENTS AND OBJECTIVES OF THIS
 SUBDIVISION, THE PORT AUTHORITY SHALL ESTABLISH  PROCEDURES  TO  MONITOR
 COMPLIANCE  WITH  PROVISIONS  HEREOF,  PROVIDE  ASSISTANCE  IN OBTAINING
 COMPETING QUALIFIED MINORITY AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  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.
   C.  THE  PORT  AUTHORITY  SHALL  PUBLISH  THE STANDARDS, MEASURES, AND
 PROCEDURES ESTABLISHED PURSUANT TO PARAGRAPHS A AND B OF  THIS  SUBDIVI-
 SION ON ITS WEBSITE, INCLUDING ANY DISPARITY STUDY CONDUCTED PURSUANT TO
 THIS SUBDIVISION.
   D. THE PORT AUTHORITY SHALL PREPARE AN ANNUAL REPORT ON THE NUMBER AND
 VALUE  OF  CONTRACTS AWARDED TO MINORITY AND WOMEN-OWNED BUSINESS ENTER-
 PRISES, WHICH SHALL BE PUBLISHED ON ITS WEBSITE.
   § 4. 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.
   §  5.  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,  but  if  the  state  of New Jersey shall have already enacted such
 legislation this act shall take effect immediately. The chair  or  vice-
 chair  of the port authority as recommended by the governor of the state
 of New York shall notify the legislative bill drafting  commission  upon
 S. 7040--A                          9
 
 the  occurrence  of  the  enactment  of  the legislation provided for in
 sections one, two and three of this act 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 effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.