S T A T E O F N E W Y O R K
________________________________________________________________________
923--A
2023-2024 Regular Sessions
I N A S S E M B L Y
January 11, 2023
___________
Introduced by M. of A. DINOWITZ, STERN, HYNDMAN, EPSTEIN, SIMON, REYES,
GLICK, WILLIAMS, CRUZ, FALL, RAMOS, SHRESTHA, SEPTIMO, MITAYNES,
SEAWRIGHT, SIMONE, GALLAGHER, CUNNINGHAM, COLTON -- Multi-Sponsored by
-- M. of A. COOK, DE LOS SANTOS, SAYEGH -- read once and referred to
the Committee on Corporations, Authorities and Commissions -- recom-
mitted to the Committee on Corporations, Authorities and Commissions
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public authorities law, in relation to enacting the
rider representation act
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 "rider representation act".
§ 2. Paragraph (a) of subdivision 1 of section 1263 of the public
authorities law, as amended by chapter 549 of the laws of 1994, subpara-
graph 1 as amended by chapter 672 of the laws of 2023, is amended to
read as follows:
(a) (1) There is hereby created the "metropolitan transportation
authority." The authority shall be a body corporate and politic consti-
tuting a public benefit corporation. The authority shall consist of a
chairperson, [sixteen] TWENTY other voting members, and [two] ONE non-
voting and [four] TWO alternate non-voting members, as described in
subparagraph two of this paragraph appointed by the governor by and with
the advice and consent of the senate. Any member appointed to a term
commencing on or after June thirtieth, two thousand nine shall have
experience in one or more of the following areas: transportation, public
administration, business management, finance, accounting, law, engineer-
ing, land use, urban and regional planning, management of large capital
projects, labor relations, or have experience in some other area of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00710-07-4
A. 923--A 2
activity central to the mission of the authority. Four of the [sixteen]
TWENTY voting members other than the chairperson shall be appointed on
the written recommendation of the mayor of the city of New York; ONE OF
THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED
ON THE WRITTEN RECOMMENDATION OF THE NEW YORK CITY TRANSIT AUTHORITY
ADVISORY COUNCIL; ONE OF THE TWENTY VOTING MEMBERS OTHER THAN THE
CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE
METRO-NORTH RAIL COMMUTER COUNCIL; ONE OF THE TWENTY VOTING MEMBERS
OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDA-
TION OF THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL; ONE OF THE TWENTY
VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE
WRITTEN RECOMMENDATION OF THE COMMISSIONER OF THE NEW YORK CITY MAYOR'S
OFFICE FOR PEOPLE WITH DISABILITIES, AS SUCH OFFICE IS DEFINED IN
SECTION 22-301 OF THE NEW YORK CITY ADMINISTRATIVE CODE, PROVIDED THAT
SUCH COMMISSIONER SHALL CONSULT WITH DISABILITY ADVISORY BODIES TO THE
AUTHORITY AND EXTERNAL DISABILITY ADVOCACY ORGANIZATIONS WHEN MAKING
SUCH APPOINTMENT; and each of seven other voting members 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 the particular member is required to reside pursuant to the
provisions of this subdivision. Of the members appointed on recommenda-
tion 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 resident 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, provided that 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 title shall terminate upon the effective date of
such county's withdrawal from such district. Of the five voting members,
other than the chairperson, appointed by the governor without recommen-
dation from any other person, three shall be, at the time of appoint-
ment, residents of the city of New York and two shall be, at the time of
appointment, residents of such city or of any of the aforementioned
counties in the metropolitan commuter transportation district. Provided
however, notwithstanding the foregoing residency requirement, one of the
five voting members appointed by the governor without recommendation
from any other person, other than the chairperson, may be the director
of the New York state division of the budget, and provided further that,
in the event of such appointment, the budget director's membership in
the authority shall be deemed ex-officio. Provided further, one of the
five voting members, other than the chairperson, appointed by the gover-
nor without recommendation by any other person shall be a transit
dependent individual. A "transit dependent individual" shall mean an
individual who is limited to public transit as their primary mode of
transportation because the individual has a permanent disability,
provided that any local or statewide transit advocacy organization may
recommend one or more transit dependent individuals to be considered for
appointment pursuant to this section. The chairperson and each of the
members shall be appointed for a term of six years, provided however,
that the chairperson first appointed shall serve for a term ending June
thirtieth, nineteen hundred eighty-one, provided that thirty days after
the effective date of the chapter of the laws of two thousand nine which
amended this subparagraph, the term of the chairperson shall expire;
provided, further, that such chairperson may continue to discharge the
A. 923--A 3
duties of [his or her] THEIR office until the position of chairperson is
filled by appointment by the governor upon the advice and consent of the
senate and the term of such new chairperson shall terminate June thirti-
eth, two thousand fifteen. [The sixteen] SIXTEEN OF THE other members
first appointed shall serve for the following terms: The members from
the counties of Nassau and Westchester shall each serve for a term
ending June thirtieth, nineteen hundred eighty-five; the members from
the county of Suffolk and from the counties of Dutchess, Orange, Putnam
and Rockland shall each serve for a term ending June thirtieth, nineteen
hundred ninety-two; two of the members appointed on recommendation of
the mayor of the city of New York shall each serve for a term ending
June thirtieth, nineteen hundred eighty-four and, two shall each serve
for a term ending June thirtieth, nineteen hundred eighty-one; two of
the members appointed by the governor without the recommendation of any
other person shall each serve for a term ending June thirtieth, nineteen
hundred eighty-two, two shall each serve for a term ending June thirti-
eth, nineteen hundred eighty and one shall serve for a term ending June
thirtieth, nineteen hundred eighty-five. [The two non-voting and four
alternate non-voting members shall serve until January first, two thou-
sand one.] The members from the counties of Dutchess, Orange, Putnam and
Rockland shall cast one collective vote.
(2) There shall be [two] ONE non-voting [members] MEMBER and [four]
TWO alternate non-voting members of the authority, as referred to in
subparagraph one of this paragraph.
The first non-voting member shall be [a regular mass transit user of
the facilities of the authority and be recommended to the governor by
the New York city transit authority advisory council. The first alter-
nate non-voting member shall be a regular mass transit user of the
facilities of the authority and be recommended to the governor by the
Metro-North commuter council. The second alternate 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 Road
commuter's council.
The second 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 [third] FIRST alternate non-voting member
shall be recommended to the governor by the labor organization repres-
enting the majority of employees of the New York city transit authority.
The [fourth] SECOND alternate non-voting member shall be recommended to
the governor by the labor organization representing the majority of
employees of the Metro-North Commuter Railroad Company. The [chairman]
CHAIRPERSON of the authority, at [his] THEIR direction, may exclude
[such] ANY non-voting member or alternate non-voting member from attend-
ing any portion of a meeting of the authority or of any committee estab-
lished pursuant to paragraph (b) of subdivision four of this section
held for the purpose of discussing negotiations with labor organiza-
tions.
[The non-voting member and the two alternate non-voting members
representing the New York York city transit authority advisory council,
the Metro-North commuter council, and the Long Island Rail Road
commuter's council shall serve eighteen month rotating terms, after
which time an alternate non-voting member shall become the non-voting
member and the rotation shall continue until each alternate member has
served at least one eighteen month term as a non-voting member.] The
[other] non-voting member and alternate non-voting members representing
the New York city transit authority, Metro-North Commuter Railroad
A. 923--A 4
Company, and the Long Island Rail Road labor organizations shall serve
eighteen month rotating terms, after which time an alternate non-voting
member shall become the non-voting member and the rotation shall contin-
ue until each alternate member has served at least one eighteen month
term as a non-voting member. [The transit authority and the commuter
railroads shall not be represented concurrently by the two non-voting
members during any such eighteen month period.]
§ 3. Paragraph (a) of subdivision 1 of section 1263 of the public
authorities law, as amended by section 2 of part E of chapter 39 of the
laws of 2019, is amended to read as follows:
(a) There is hereby created the "metropolitan transportation authori-
ty." The authority shall be a body corporate and politic constituting a
public benefit corporation. The authority shall consist of a [chairman]
CHAIRPERSON and [sixteen] TWENTY other members appointed by the governor
by and with the advice and consent of the senate. Any member appointed
to a term commencing on or after June thirtieth, two thousand nine shall
have experience in one or more of the following areas of expertise:
transportation, public administration, business management, finance,
accounting, law, engineering, land use, urban and regional planning,
management of large capital projects, labor relations, or have experi-
ence in some other area of activity central to the mission of the
authority. Four of the [sixteen] TWENTY members other than the [chair-
man] CHAIRPERSON shall be appointed on the written recommendation of the
mayor of the city of New York; ONE OF THE TWENTY VOTING MEMBERS OTHER
THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF
THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL; ONE OF THE TWENTY
VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED ON THE
WRITTEN RECOMMENDATION OF THE METRO-NORTH RAIL COMMUTER COUNCIL; ONE OF
THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON SHALL BE APPOINTED
ON THE WRITTEN RECOMMENDATION OF THE LONG ISLAND RAIL ROAD COMMUTER'S
COUNCIL; ONE OF THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIRPERSON
SHALL BE APPOINTED ON THE WRITTEN RECOMMENDATION OF THE COMMISSIONER OF
THE NEW YORK CITY MAYOR'S OFFICE FOR PEOPLE WITH DISABILITIES, AS SUCH
OFFICE IS DEFINED IN SECTION 22-1301 OF THE NEW YORK CITY ADMINISTRATIVE
CODE, PROVIDED THAT SUCH COMMISSIONER SHALL CONSULT WITH DISABILITY
ADVISORY BODIES TO THE AUTHORITY AND EXTERNAL DISABILITY ADVOCACY ORGAN-
IZATIONS WHEN MAKING SUCH APPOINTMENT; and each of seven other members
other than the [chairman] CHAIRPERSON shall be appointed after selection
from a written list of three recommendations from the chief executive
officer of the county in which the particular 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; and 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, provided
that the term of any member who is a resident of a county that has with-
drawn from the metropolitan commuter transportation district pursuant to
section twelve hundred seventy-nine-b of this title shall terminate upon
the effective date of such county's withdrawal from such district. Of
the five members, other than the [chairman] CHAIRPERSON, appointed by
the governor without recommendation from any other person, three shall
be, at the time of appointment, residents of the city of New York and
two shall be, at the time of appointment, residents of such city or of
any of the aforementioned counties in the metropolitan commuter trans-
A. 923--A 5
portation district. Provided however, notwithstanding the foregoing
residency requirement, one of the five voting members appointed by the
governor without recommendation from any other person, other than the
[chairman] CHAIRPERSON, may be the director of the New York state divi-
sion of the budget, and provided further that, in the event of such
appointment, the budget director's membership in the authority shall be
deemed ex-officio. The [chairman] CHAIRPERSON and each of the members
shall be appointed for a term of six years, provided however, that the
[chairman] CHAIRPERSON first appointed shall serve for a term ending
June thirtieth, nineteen hundred eighty-one, provided that thirty days
after the effective date of the chapter of the laws of two thousand nine
which amended this paragraph, the term of the [chairman] CHAIRPERSON
shall expire; provided, further, that such [chairman] CHAIRPERSON may
continue to discharge the duties of [his] THEIR office until the posi-
tion of [chairman] CHAIRPERSON is filled by appointment by the governor
upon the advice and consent of the senate and the term of such new
[chairman] CHAIRPERSON shall terminate June thirtieth, two thousand
fifteen. [The sixteen] SIXTEEN OF THE other members first appointed
shall serve for the following terms: The members from the counties of
Nassau and Westchester shall each serve for a term ending June thirti-
eth, nineteen hundred eighty-five; the members from the county of
Suffolk and from the counties of Dutchess, Orange, Putnam and Rockland
shall each serve for a term ending June thirtieth, nineteen hundred
ninety-two; two of the members appointed on recommendation of the mayor
of the city of New York shall each serve for a term ending June thirti-
eth, nineteen hundred eighty-four and, two shall each serve for a term
ending June thirtieth, nineteen hundred eighty-one; two of the members
appointed by the governor without the recommendation of any other person
shall each serve for a term ending June thirtieth, nineteen hundred
eighty-two, two shall each serve for a term ending June thirtieth, nine-
teen hundred eighty and one shall serve for a term ending June thirti-
eth, nineteen hundred eighty-five. The members from the counties of
Dutchess, Orange, Putnam and Rockland shall cast one collective vote.
§ 4. Paragraph (c) of subdivision 1 of section 1263 of the public
authorities law, as added by section 3 of subpart B of part ZZZ of chap-
ter 59 of the laws of 2019, is amended to read as follows:
(c) (i) Notwithstanding any inconsistent provision of this section,
the term of any VOTING member shall expire upon the expiration of the
term in office being served by the county elected official upon whose
recommendation they were appointed; provided, however, that in such
circumstance such member may serve as a holdover appointee for sixty
days, or until such time as a new member is appointed, whichever is
less. The term of any member appointed to replace such a holdover
appointee shall expire at the end of the term in office of the county
elected official upon whose recommendation such member was appointed. If
a county elected official leaves office because of death, resignation,
removal or disability, however, a member appointed upon such official's
recommendation shall continue to serve until such time as such county
elected office is filled, at which time such member will become a hold-
over appointee and may serve for sixty days, or until such time as a new
member is appointed, whichever is less.
(ii) Notwithstanding any inconsistent provision of this section, the
term of any [chairman] CHAIRPERSON or any VOTING member shall expire
upon the expiration of the term in office being served by the city or
state elected official upon whose recommendation they were appointed;
provided, however, that in such circumstance the [chairman] CHAIRPERSON
A. 923--A 6
or such member may serve as a holdover appointee until such time as a
new [chairman] CHAIRPERSON or member is appointed. The term of any
[chairman] CHAIRPERSON or member appointed to replace such a holdover
appointee shall expire at the end of the term in office of the city or
state elected official upon whose recommendation such [chairman] CHAIR-
PERSON or member was appointed.
(III) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
TERM OF THE VOTING MEMBER APPOINTED ON THE WRITTEN RECOMMENDATION OF THE
COMMISSIONER OF THE NEW YORK CITY MAYOR'S OFFICE FOR PEOPLE WITH DISA-
BILITIES SHALL EXPIRE UPON THE EXPIRATION OF THE TERM IN OFFICE BEING
SERVED BY THE MAYOR OF THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT IN
SUCH CIRCUMSTANCE SUCH MEMBER MAY SERVE AS A HOLDOVER APPOINTEE FOR
SIXTY DAYS, OR UNTIL SUCH TIME AS A NEW MEMBER IS APPOINTED, WHICHEVER
IS SOONER. THE TERM OF ANY MEMBER APPOINTED TO REPLACE SUCH HOLDOVER
APPOINTEE SHALL EXPIRE AT THE END OF THE TERM IN OFFICE OF THE MAYOR OF
THE CITY OF NEW YORK.
(IV) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE VOTING
MEMBERS APPOINTED ON THE WRITTEN RECOMMENDATIONS OF THE NEW YORK CITY
TRANSIT AUTHORITY ADVISORY COUNCIL, THE METRO-NORTH RAIL COMMUTER COUN-
CIL, THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL, AS DESCRIBED IN PARA-
GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
§ 5. Subdivision 2 of section 1263 of the public authorities law, as
amended by chapter 55 of the laws of 1992, is amended to read as
follows:
2. The [chairman] CHAIRPERSON and the first vice [chairman] CHAIR-
PERSON 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 [chairman] CHAIRPERSON and the first vice [chair-
man] CHAIRPERSON, shall be entitled to reimbursement for actual and
necessary expenses incurred in the performance of [his or her] THEIR
official duties.
§ 6. Paragraph (a) of subdivision 4 of section 1263 of the public
authorities law, as amended by chapter 506 of the laws of 2009, is
amended to read as follows:
(a) Notwithstanding any provision of law to the contrary, the [chair-
man] CHAIRPERSON shall be the chief executive officer of the authority
and shall be responsible for the discharge of the executive and adminis-
trative functions and powers of the authority. The [chairman] CHAIR-
PERSON may appoint an executive director and such other officials and
employees as shall in [his or her] THEIR judgment be needed to discharge
the executive and administrative functions and powers of the authority.
§ 7. Paragraph (b) of subdivision 4 of section 1263 of the public
authorities law, as amended by section 1 of chapter 425 of the laws of
2018, is amended to read as follows:
(b) The [chairman] CHAIRPERSON shall establish committees to assist
[him] THEM in the performance of [his] THEIR 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 Long Island Rail Road and the metropolitan suburban
bus authority; a committee on operations of the Metro-North commuter
railroad; a committee on operations of the Triborough bridge and tunnel
authority; a committee on finance; a committee on capital program over-
sight; and a committee on safety. In addition to such appointed members,
each of the [non-voting] members RECOMMENDED BY THE NEW YORK CITY TRANS-
A. 923--A 7
IT AUTHORITY ADVISORY COUNCIL, THE METRO-NORTH RAIL COMMUTER COUNCIL,
AND THE LONG ISLAND RAIL ROAD COMMUTER'S COUNCIL referred to in [subpar-
agraph two of] paragraph (a) of subdivision one of this section shall
serve on the committee on capital program oversight, the committee on
finance, the committee on safety, the committee on operations of the
Triborough bridge and tunnel authority, and the operations committee
relevant to the commuter council that recommended such member. [The
alternate non-voting members shall each serve on the respective oper-
ations committee relevant to the commuter council that recommended each
member.] The committee on capital program oversight and the committee on
safety shall include not less than three 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, the committee
on operations of the Long Island Rail Road and the metropolitan suburban
bus authority, and the committee on operations of the Metro-North commu-
ter railroad. The committee on safety shall convene at least once annu-
ally and each committee chairperson, that is a member of the committee
on safety, shall report to the committee on safety any and all initi-
atives, concerns, improvements, or failures involving the safety of: (1)
customers; (2) employees; and (3) 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 metropolitan
transportation capital program review board as provided in section
twelve hundred sixty-nine-b of this title; (ii) monitor the contract
awards of the metropolitan transportation authority and the New York
city transit authority to insure 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 rele-
vant 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, howev-
er, 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 twelve hundred sixty-nine-b 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 appropriate to accelerate their implementation. The
capital program committee shall issue a quarterly report on its activ-
ities and findings, and shall in connection with the preparation of such
quarterly report, consult with the state division of the budget, the
state department of transportation, the members of the metropolitan
transportation authority capital program review board, and any other
group the committee deems relevant, including public employee organiza-
tions, 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 members of the metropolitan transporta-
A. 923--A 8
tion authority capital program review board, and the directors of the
municipal assistance corporation for the city of New York.
§ 8. Paragraph (b) of subdivision 4 of section 1263 of the public
authorities law, as amended by section 2 of chapter 425 of the laws of
2018, is amended to read as follows:
(b) The [chairman] CHAIRPERSON shall establish committees to assist
[him] THEM in the performance of [his] THEIR 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 Long Island Rail Road and the metropolitan suburban
bus authority; a committee on operations of the Metro-North commuter
railroad; a committee on operations of the Triborough bridge and tunnel
authority; a committee on finance; a committee on capital program over-
sight; and a committee on safety. The committee on capital program over-
sight 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, the committee
on operations of the Long Island Rail Road and the metropolitan suburban
bus authority, the committee on operations of the Metro-North commuter
railroad, 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: (1) customers; (2) employees; and (3) 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 metropolitan transportation capital program
review board as provided in section twelve hundred sixty-nine-b of this
title; (ii) monitor the contract awards of the metropolitan transporta-
tion authority and the New York city transit authority to insure 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 minori-
ty 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 approved as provided in section twelve hundred
sixty-nine-b 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 appropriate to accelerate their
implementation. The capital program committee shall issue a quarterly
report on its activities and findings, and shall in connection with the
preparation of such quarterly report, consult with the state division of
A. 923--A 9
the budget, the state department of transportation, the members of the
metropolitan transportation authority capital program review board 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 avail-
able to the members of the authority, to the members of the metropolitan
transportation authority capital program review board, and the directors
of the municipal assistance corporation for the city of New York.
§ 9. Paragraphs (c) and (d) of subdivision 4 of section 1263 of the
public authorities law, paragraph (c) as added by chapter 247 of the
laws of 1990, paragraph (d) as added by section 5 of part H of chapter
25 of the laws of 2009, are amended to read as follows:
(c) The [chairman] 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 [chairman] CHAIRPERSON shall not participate in
establishing authority policies regarding the payment of salary, compen-
sation, and reimbursement to, nor establish rules for the time and
attendance of, the chief executive officer. The salary of the [chairman]
CHAIRPERSON, as determined pursuant to subdivision two of this section,
shall also be compensation for all services performed as chief executive
officer.
§ 10. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 1 of section 1263 of the public
authorities law made by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 3 of
chapter 549 of the laws of 1994, as amended, when upon such date the
provisions of section three of this act shall take effect; and provided
further that the amendments to paragraph (b) of subdivision 4 of section
1263 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 3 of chapter 549 of the laws of 1994, as amended,
when upon such date the provisions of section eight of this act shall
take effect.