S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10705
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Stern) --
   read once and referred to the Committee on Transportation
 
 AN ACT relating to designating the Nassau-Suffolk transportation coordi-
   nating committee as the metropolitan planning  organization  for  Long
   Island
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Nassau-Suffolk transportation coordinating  committee.  The
 Nassau-Suffolk  transportation  coordinating committee ("the committee")
 seeks to withdraw from the New York metropolitan transportation  council
 (NYMTC)  formed  in 1982 pursuant to an MOU adopted by its member organ-
 izations and approved by the governor and the legislature through resol-
 ution. The Nassau-Suffolk transportation coordinating  committee  shall,
 upon  passage of this act and approval of the governor, be designated to
 act as the metropolitan planning organization for purposes of receipt of
 federal transportation assistance for the counties of Nassau and Suffolk
 and, in cooperation with the state and publicly owned operators of  mass
 transportation services, for carrying out the urban transportation plan-
 ning process specified in 23 CFR 450 and 49 CFR 613 and other applicable
 federal regulations.
   §  2.  Purpose.  1. It is the purpose of this legislation to delineate
 the roles and responsibilities and administrative, decision making,  and
 staffing  arrangements  for  the  committee  to carry out transportation
 planning and programming to continue Nassau and Suffolk counties' quali-
 fication for federal transportation assistance.
   2. The Nassau-Suffolk transportation coordinating committee is contin-
 ued, with voting membership to include:
   (a) the Nassau county executive;
   (b) the Suffolk county executive;
   (c) the chairman of the metropolitan transportation authority; and
   (d) the commissioner of the New York state department  of  transporta-
 tion.
   3.  The foregoing representation of the participating units of govern-
 ment is not intended to indicate a proportional or  any  other  kind  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14272-01-4
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 weighting  for  voting  purposes and such representation shall remain in
 effect only as long as committee decisions are reached by  consensus  as
 defined in this act.
   4.  Advisory, non-voting membership on the committee shall include the
 federal  highway  administration,  urban  mass  transportation  adminis-
 tration, United States environmental protection agency, and the New York
 state department of environmental conservation.
   5.  Members  of the committee may be represented by designated substi-
 tutes. Such designation shall be in writing  to  the  secretary  of  the
 committee.
   §  3. Officers. 1. Executives of each county shall serve as the perma-
 nent co-chairpersons of the committee with functional responsibility for
 committee operations.
   2. The transportation  coordinating  committee  shall  elect  officers
 according  to  its  bylaws  or operating procedures, except that the New
 York  state  department  of  transportation  shall  perform  secretarial
 services for the transportation coordinating committee.
   §  4.  Voting  by  consensus.  All actions taken by the Nassau-Suffolk
 transportation coordinating committee shall be by unanimous vote.
   § 5. Central staff. To meet areawide transportation planning needs and
 to provide  centralized  services  to  the  transportation  coordinating
 committee a central staff, and a staff director appointed by the commit-
 tee  from  a  list  provided  by the permanent co-chairperson. The staff
 director shall be accountable to  the  committee  for  results  of  that
 portion  of  the transportation planning program assigned to the central
 staff, and for the economy and efficiency of the  central  staff  opera-
 tion.    Central staff activities shall be limited to transportation and
 transportation related matters and may include:
   1. data collection, monitoring and analysis;
   2. demographic analysis and forecasting;
   3. strategic transportation planning;
   4. regional transportation systems planning;
   5. travel simulation and modelling and other  technical  planning  and
 planning services;
   6. mapping services;
   7. administrative services including contract administration; and
   8. special studies of regional significance.
   §  6.  Unified planning work program. 1. The committee shall establish
 goals, objectives, criteria, and standards for the development  of  work
 programs for the use of federal and other planning funds.
   2.  The  unified  planning  work  program shall comprise the following
 major work elements:
   (a) central staff;
   (b) transportation coordinating committee staff;
   (c) subregional pass through;
   (d) transit operators planning program; and
   (e) special studies.
   3. (a) The work program of the central staff shall be determined annu-
 ally by the committee.
   (b) A method for distributing  funds  for  special  studies  shall  be
 determined annually by the committee.
   §  7.  Application for urban mass transportation funds. 1. The depart-
 ment of transportation shall, on behalf of the committee, make  applica-
 tion  annually  to  the  urban mass transportation administration and to
 other federal agencies as may be appropriate, for funds to  support  the
 committee's  planning  program. The department shall make such funds, as
 A. 10705                            3
 
 well as funds received from the federal highway  administration,  avail-
 able  to  the  committee for its decision on their use and distribution.
 The department shall be the  urban  mass  transportation  administration
 grant  applicant  for  the  central  staff,  transportation coordinating
 committee staff, and subregional  pass  through  work  elements  of  the
 unified  planning work program. Applicants for urban mass transportation
 administration grants to support  the  transit  operators  planning  and
 special  studies  work  elements  shall  be  determined  annually in the
 unified planning work program.
   2. The committee shall authorize the department of transportation  and
 others  as appropriate, to accept on behalf of the committee, the trans-
 fer of current grants that have been awarded to the committee.
   § 8. Funding. 1. For the program year starting July first,  two  thou-
 sand twenty-five, the allocation of funds to be made for the above major
 program  elements except for special studies, shall be determined by the
 committee.
   2. For the program year starting July first, two thousand twenty-five,
 pass through funds shall be made available to each county in  proportion
 to its two thousand twenty population.
   §  9.  Transportation plans. 1. The committee shall develop and review
 annually  areawide  transportation  goals  and  objectives,  considering
 federal and state policies and requirements.
   2.  The  committee shall develop and review and update as necessary, a
 transportation plan, consisting of long-range and short-range  elements,
 including transportation systems management components.
   3.  The  committee  shall  examine and endorse the plan as meeting the
 requirements of 23 CFR 450 and 49 CFR 613.
   § 10. Transportation  improvement  program.  1.  The  committee  shall
 develop  and  update  annually  a  transportation improvement program in
 cooperation with state and local officials, regional and  local  transit
 operators,  recipients  authorized  under section five of the Urban Mass
 Transportation Act (49 USC 1604), and with  input  from  other  affected
 transportation  and  regional  and local planning and implementing agen-
 cies.  The transportation improvement program shall consist of  improve-
 ments  recommended  from  the short-range and long-range elements of the
 transportation plan developed under this act, and continuing or  special
 planning studies.
   2.  The  committee  shall  incorporate  the transportation improvement
 program annually into an areawide  transportation  improvement  program,
 including  projects  of  a  regional  nature recommended by the program,
 finance, and administration committee as initiated pursuant to title  IX
 of  chapter one of the United States code, and shall endorse the program
 as meeting the requirements of 23 CFR 450 and 49 CFR 613.
   § 11. Program, finance and administration committee. 1. The  committee
 shall  establish  a program, finance and administration committee, to be
 composed of staff representatives of the New York  state  department  of
 transportation, the metropolitan transportation authority, and one to be
 appointed  by each Suffolk and Nassau counties. The central staff direc-
 tor shall serve as secretary to the committee.
   2. The program, finance and administration committee shall be  respon-
 sible  for overseeing day-to-day operations of the metropolitan planning
 organization, including the following activities:
   (a) monitoring and coordinating progress of  the  committee's  unified
 planning  work  program  to  assure adherence to budgets and consistency
 with federal regulations and local, state and federal objectives, and
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   (b) minor revisions to budgets and other aspects of the work  program,
 as necessary during the program year.
   3. The program, finance and administration committee shall, in cooper-
 ation with the committee, develop annually a draft unified planning work
 program  consistent  with the requirements of 23 CFR 450 and 49 CFR 613,
 for recommendation for endorsement by the committee at its annual  meet-
 ing. The work program shall include central and subregional staff activ-
 ities, committee member activities, and special studies.
   4. Upon the initiation by any committee member of a project of region-
 wide  significance,  or  changes  to  such  projects, which must receive
 metropolitan  planning  organization  endorsement  during  the  interval
 between  commmittee  meetings,  the  program, finance and administration
 committee shall be authorized to act for the committee to  include  such
 project  or  make  such  changes with respect thereto in the committee's
 transportation improvement program. To the extent possible  such  trans-
 portation  improvement  program  changes  shall  be  recommended  by the
 program, finance and administration committee to the  committee  at  its
 next meeting.
   5.  Upon the endorsement by the committee of a change in its transpor-
 tation improvement program, which change must for some reason be  incor-
 porated  in  the  transportation program during the interval between the
 committee's annual meetings, the  program,  finance  and  administration
 committee  shall  be  authorized  to  act for the committee to make such
 incorporation and shall  make  such  incorporation,  provided  that  the
 change is consistent with plans adopted by the committee.
   6. Upon the request of any committee member of a change in the commit-
 tee's  unified  planning  work  program, including the program budget or
 budgets, which for some reason must receive metropolitan planning organ-
 ization endorsement during the interval between committee meetings,  the
 program, finance and administration committee shall be authorized to act
 for  the  committee  to  make  such  a  change. All actions taken by the
 program, finance and administration  committee  concerning  the  unified
 planning  work program shall be reported to all committee members within
 five working days. Such actions shall be  effective  unless  a  negative
 response is received from a committee member within ten working days.
   §  12. Coordination with adjacent metropolitan planning organizations.
 Within six months from the effective date of  this  act,  the  committee
 shall  develop  procedures  for coordinating its plans and programs, and
 its planning and programming processes, with adjacent metropolitan plan-
 ning organizations in the states of New York, New Jersey, and  Connecti-
 cut.  The  committee  shall  appoint a representative to work with these
 metropolitan planning organizations and to report back to the  committee
 with recommendations on this matter as soon as possible.
   §  13.  Meetings  and  agendas.  1. The committee shall have an annual
 meeting,  held  each  year  between  January  fifteenth   and   February
 fifteenth.  Its business agenda shall include:
   (a) Election of chairperson;
   (b) Endorsement of a transportation improvement program with an annual
 element;
   (c) Endorsement of a committee transportation plan;
   (d) Other business items requested by any member.
   2.  Special  committee  meetings  may  be called at the request of any
 member of the committee at any time, upon written request to the  secre-
 tary of the committee.
   3. The secretary shall be responsible for scheduling all meetings.
 A. 10705                            5

   4.  A  quorum  for  any  committee  meeting shall be two-thirds of its
 voting members.
   §  14.  Central  staff  operation. 1. The department of transportation
 shall provide for the financial operations  of  the  central  staff  and
 ensure that the central staff activities are in compliance with applica-
 ble laws and regulations. The relative responsibilities of the committee
 and  the  department  for  the central staff are detailed below.  In all
 cases the responsibilities of the committee for the central staff  shall
 be  carried out on a day-to-day basis by the program, finance and admin-
 istration committee.
   2. The committee shall be responsible for:
   (a) Program results:
   (i) Assuring that the desired  results  or  benefits  of  the  central
 staff's  work  are  being  achieved, including that the unified planning
 work program activities are on schedule,  of  proper  quality,  and  are
 documented and reported on in an appropriate manner.
   (ii) Assuring that the urban transportation planning objectives estab-
 lished  by  the  federal  regulations and the committee itself are being
 met, including that the  unified  planning  work  program  elements  are
 responsive  to  federal  planning  requirements  and area transportation
 issues and problems.
   (b) Economy and efficiency of central staff operation:
   (i) Assuring that desired results are achieved at lowest cost, includ-
 ing that central staff size, salary levels and other costs are appropri-
 ate and planning methods well chosen.
   (ii) Assuring that the central staff  is  managing  or  utilizing  its
 resources  (personnel, property, space, etc.) in an economical and effi-
 cient manner, including that management information systems, administra-
 tive procedures, organizational structures and  other  management  tools
 are adequate.
   (c)  Selecting  consultants to perform activities in the central staff
 work program as provided for  in  the  approved  unified  planning  work
 program  and  negotiating  professional services agreements, except that
 the department shall  be  entitled  to  have  a  representative  in  all
 consultant   selection   decisions  and  fee  negotiations  that  affect
 contracts held by the department on behalf of the committee;
   (d) Approving all required task work  programs  (task  amplifications)
 and preparing those required for central staff activities;
   (e)  Providing funds for a central staff director and directing him or
 her to:
   (i) Manage central staff planning activity to ensure continued compli-
 ance with federal and state regulations;
   (ii) Prepare and maintain work budgets for all central staff  planning
 activities and cash flow budgets for central staff operations;
   (iii)  Assist  the  department  in establishing acceptable ledgers and
 accounting procedures to maintain complete and accurate records pertain-
 ing to revenues, expenses, work performed, and cash on hand;
   (iv) Assist the department in preparing appropriate  documentation  of
 payrolls,  time  records,  grant charges, invoices, vouchers, purchases,
 and other expenses in accordance with state and federal requirements;
   (v) Assist the department with the establishment  and  maintenance  of
 central staff-related accounting records and bookkeeping procedures;
   3. The department of transportation shall be responsible for:
   (a)  Prefinancing  the central staff operation for the committee prior
 to reimbursement;
 A. 10705                            6
 
   (b) Employing central staff and  paying  central  staff  salaries  and
 fringe benefits;
   (c)  Paying  central  staff  operating  expenses  and program costs in
 accordance with the approved unified planning work program;
   (d) Controlling central  staff  revenues,  expenditures,  assets,  and
 liabilities to the extent necessary to meet the department's obligations
 with respect to the state funds involved;
   (e) Purchasing, receiving, accounts payable, payroll and billings;
   (f)  Assuring  that  the central staff operation is in full compliance
 with all applicable federal, state,  and  local  laws  and  regulations,
 including  that all central staff activities are eligible for reimburse-
 ment and that all matching requirements are met.
   4. The state shall provide the  non-federal  share  of  central  staff
 financing as detailed in the unified planning work programs.
   § 15. This act shall take effect immediately.