S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2901--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 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. Subdivision 1, subparagraph 2 of paragraph d of subdivision
 3  and  subdivisions 5 and 6 of article 4 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, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02157-08-4
              

 S. 2901--A                          2
 
 THE  NEW  JERSEY  STATE  SENATE.  Each  commissioner  may  be removed or
 suspended from office as provided by the law of  the  state  from  which
 [he] SUCH COMMISSIONER shall be appointed. ANY COMMISSIONER APPOINTED TO
 A  TERM  COMMENCING ON OR AFTER JANUARY 1, 2025 SHALL HAVE EXPERIENCE IN
 ONE OR MORE OF THE FOLLOWING AREAS:    TRANSPORTATION,  PUBLIC  ADMINIS-
 TRATION,  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 RECOMMENDATION 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.
   (2) For the purposes of this subdivision, the terms:
   (i) "immediate  family"  shall  mean:  a  spouse,  parent,  child,  or
 sibling; and
   (ii)  "interest"  shall  mean: (A) if   the business organization is a
 partnership, the board member or the board member's immediate family  is
 a  partner  or  owner of [ten] FIVE percent or more of the assets of the
 partnership, or (B) if the business organization is a  corporation,  the
 board member or the board member's immediate family owns or controls ten
 percent or more of the stock of the corporation, or serves as a director
 or officer of the corporation.
   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
 S. 2901--A                          3
 
 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.
   (2) "Whistleblower" means any employee of the port  authority  who  IN
 GOOD  FAITH  discloses information concerning acts of CORRUPTION, FRAUD,
 wrongdoing, misconduct, malfeasance, 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,  acqui-
 sition of real or personal property, the disposition of real or personal
 property, or the procurement of goods and services.
   D.  THE  WHISTLEBLOWER  POLICY AND PROCEDURES SET FORTH HEREIN ARE NOT
 INTENDED TO LIMIT, DIMINISH OR IMPAIR ANY OTHER RIGHTS OR REMEDIES  THAT
 AN  INDIVIDUAL  MAY HAVE UNDER THE LAW WITH RESPECT TO DISCLOSING POTEN-
 TIAL WRONGDOING FREE FROM RETALIATION OR ADVERSE PERSONNEL ACTION.
   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]  THE  INSPECTOR
 GENERAL'S  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 Authori-
 ty. The inspector general  shall  also  be  responsible  for  conducting
 investigations  upon  the  inspector  general's  own  initiative, as the
 inspector general shall deem appropriate.
   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;
 S. 2901--A                          4
 
   (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.
   § 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  LEGISLA-
 TURE,  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
 S. 2901--A                          5
 
 "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  2024
 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-
 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.
   E.  THE  PORT AUTHORITY SHALL NOT HAVE THE POWER TO ORGANIZE A SUBSID-
 IARY FOR THE PURPOSE OF: (I) EVADING THE  REQUIREMENTS  OF  AN  EXISTING
 COLLECTIVE  BARGAINING AGREEMENT; OR (II) REPLACING OR REMOVING A CERTI-
 FIED EMPLOYEE ORGANIZATION.
   § 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]  FIVE-
 YEAR capital plan that is developed using a comprehensive planning proc-
 ess and risk-based prioritization that considers asset condition, opera-
 tional and revenue impact, threat assessment, customer service, regional
 S. 2901--A                          6
 
 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 PROCURED THROUGH A
 COMPETITIVE BIDDING PROCESS.  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 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.   THE PUBLIC HEARINGS  SHALL  BE  HELD  AT  A  TIME
 CONVENIENT TO MEMBERS OF THE PUBLIC.
   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
 S. 2901--A                          7
 
 THAT  COMPARES  ACTUAL  AND  TARGET PERFORMANCE MEASURES, AND A DETAILED
 WRITTEN EXPLANATION OF ANY DISCREPANCY THEREOF AT  THE  PUBLIC  HEARING.
 THE CAPITAL STATUS UPDATE HEARINGS SHALL BE HELD AT A TIME CONVENIENT TO
 MEMBERS OF THE PUBLIC.
   F. AT A MINIMUM, INDIVIDUAL CAPITAL PROJECT DATA FOR PROJECTS THAT ARE
 COMMITTED  FOR CONSTRUCTION SHALL BE INCLUDED IN A CAPITAL PROGRAM DASH-
 BOARD MAINTAINED BY THE PORT AUTHORITY ON ITS WEBSITE. ANY SUMMARY VIEWS
 PROVIDED ON THE WEBSITE SHALL INCLUDE THE ORIGINAL BUDGETS AT  THE  TIME
 OF PROJECT COMMITMENT WHEN SCOPE AND BUDGET ARE DEFINED, PROJECT SCOPES,
 AND  SCHEDULES,  IN  ADDITION  TO  CURRENT  OR  AMENDED BUDGETS, PROJECT
 SCOPES, AND SCHEDULES. DATA  PERTAINING  TO  INDIVIDUAL  PROJECTS  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (1)  THE CAPITAL PROJECT IDENTIFICATION NUMBER DELINEATED BY CATEGORY,
 ELEMENT, AND PROJECT AS USED IN THE CAPITAL PROGRAM;
   (2) THE CAPITAL PLAN YEARS;
   (3) A PROJECT DESCRIPTION;
   (4) THE PROJECT LOCATION WHERE APPROPRIATE;
   (5) THE CAPITAL NEEDS CODE OF THE  PROJECT,  SUCH  AS  STATE  OF  GOOD
 REPAIR,  NORMAL  REPLACEMENT,  SYSTEM  IMPROVEMENT,  SYSTEM EXPANSION OR
 OTHER CATEGORY;
   (6) BUDGET INFORMATION INCLUDING THE ORIGINAL BUDGET AT  THE  TIME  OF
 PROJECT  COMMITMENT  WHEN  SCOPE AND BUDGET ARE DEFINED, ALL AMENDMENTS,
 THE CURRENT BUDGET AND PLANNED ANNUAL ALLOCATIONS; AND
   (7) A SCHEDULE FOR PROJECT DELIVERY INCLUDING  ORIGINAL,  AMENDED  AND
 CURRENT START AND COMPLETION DATES AS PROJECTS DEVELOP AT EACH PHASE.
   THE  STATUS  OF PROJECTS SHALL BE PROVIDED AND STATE THE CURRENT PHASE
 OF THE PROJECT, SUCH AS PLANNING, DESIGN,  CONSTRUCTION  OR  COMPLETION,
 AND  SHALL  STATE  HOW  FAR  THE  PROJECT  HAS PROGRESSED AS MEASURED IN
 PERCENTAGE BY EXPENDITURE. THE DASHBOARD SHALL MEASURE PROGRESS BASED ON
 ORIGINAL BUDGETS AT THE TIME OF PROJECT COMMITMENT WHEN SCOPE AND BUDGET
 ARE DEFINED. AT A MINIMUM, ALL CHANGES TO  PLANNED  BUDGETS  OF  GREATER
 THAN  TEN  PERCENT,  SIGNIFICANT  PROJECT SCOPE OR A THREE MONTH OR MORE
 CHANGE IN SCHEDULE SHALL BE PROVIDED IN NARRATIVE FORM AND DESCRIBE  THE
 REASON FOR EACH CHANGE OR AMENDMENT. THE DASHBOARD SHALL INCLUDE A GLOS-
 SARY  OR  DATA  DICTIONARY WHICH CONTAINS PLAIN LANGUAGE DESCRIPTIONS OF
 THE DATA, INCLUDING INDIVIDUAL PROJECT DATA, AND ANY  OTHER  INFORMATION
 PROVIDED  ON  THE DASHBOARD. THE AUTHORITY SHALL PROVIDE A DEFINITION OF
 RESILIENCY IN THE GLOSSARY OR DATA DICTIONARY. THE  DASHBOARD  SHALL  BE
 UPDATED,  AT A MINIMUM, ON A QUARTERLY BASIS, AND ALL DATA FIELDS AVAIL-
 ABLE ON THE DASHBOARD SHALL  BE  MADE  AVAILABLE  FOR  DOWNLOAD  ON  THE
 AUTHORITY'S  WEBSITE  IN A SINGLE TABULAR DATA FILE IN A COMMON, MACHINE
 READABLE FORMAT.
   G. THE DATA REQUIRED TO BE  PUBLISHED  PURSUANT  TO  THIS  SUBDIVISION
 SHALL  BE  MADE IN A SINGLE TABULAR DATA FILE IN A COMMON, MACHINE READ-
 ABLE FORMAT AND SHALL BE ACCESSIBLE ON THE AUTHORITY'S WEBSITE.
   4. [Operating budget] BUDGET.  The  port  authority  shall  prepare  a
 detailed annual operating budget beginning with the fiscal year commenc-
 ing  after  the effective date of the chapter of the laws of [2015] 2023
 which [added] AMENDED this article. A preliminary annual operating budg-
 et 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
 S. 2901--A                          8
 
 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;
   (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.  EACH  COMMITTEE MEMBER SHALL SHARE INFORMATION ABOUT THAT MEMBER'S
 AGENCY AND THE AGENCY'S UPCOMING PLANS AND OBJECTIVES AS RELATING TO THE
 PORT AUTHORITY AT EACH MEETING.  PRIOR TO THE COMMENCEMENT BY AN  AGENCY
 REPRESENTED  ON THE COMMITTEE OF ANY MAJOR CAPITAL PROJECT WITH AN ESTI-
 MATED COST IN EXCESS OF $50 MILLION, THE  INDIVIDUAL  REPRESENTING  THAT
 AGENCY SHALL NOTIFY ALL MEMBERS OF THE COMMITTEE.
 S. 2901--A                          9
 
   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-
 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 DESCRIBING ACTIV-
 ITIES  UNDERTAKEN  TO  PROMOTE  EMPLOYMENT OF MINORITY GROUP MEMBERS AND
 WOMEN AND PROMOTE AND INCREASE  PARTICIPATION  BY  CERTIFIED  BUSINESSES
 WITH RESPECT TO CONTRACTS AND SUBCONTRACTS. IT SHALL INCLUDE, BUT NOT BE
 LIMITED  TO,  THE  NUMBER AND VALUE OF CONTRACTS AWARDED TO MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES  FOR  THAT  REPORTING  YEAR,  GOALS  ON
 CONTRACTS  COMPARED TO ACTUAL  PARTICIPATION OF MINORITY AND WOMEN-OWNED
 BUSINESS ENTERPRISES IN AUTHORITY CONTRACTING AND A  LISTING  OF  ANNUAL
 S. 2901--A                         10
 
 PARTICIPATION  RATES,  A  SUMMARY  OF  ALL  WAIVERS OF THE PARTICIPATION
 REQUIREMENTS ALLOWED BY THE AUTHORITY DURING THE PERIOD COVERED  BY  THE
 REPORT  INCLUDING  A  DESCRIPTION OF THE BASIS OF THE WAIVER REQUEST AND
 THE  RATIONALE  FOR  GRANTING ANY SUCH WAIVER AND ANY INSTANCES IN WHICH
 THE CONTRACT  AGENCY  HAS  DEEMED  A  CONTRACTOR  TO  HAVE  COMMITTED  A
 VIOLATION PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THE EXECUTIVE LAW
 OF  THE  STATE  OF  NEW  YORK, ANY EFFORTS TO CREATE A DATABASE OR OTHER
 INFORMATION STORAGE AND RETRIEVAL SYSTEM CONTAINING INFORMATION RELEVANT
 TO CONTRACTING WITH MINORITY AND  WOMEN-OWNED  BUSINESS  ENTERPRISES,  A
 SUMMARY  OF: (I) ALL DETERMINATIONS OF VIOLATIONS OF THIS STATUTE OR THE
 AUTHORITY'S MINORITY AND  WOMEN-OWNED  BUSINESS  ENTERPRISE  PROCUREMENT
 POLICIES  BY  A  CONTRACTOR MADE DURING THE PERIOD COVERED BY THE ANNUAL
 REPORT; AND (II)  THE  PENALTIES  OR  SANCTIONS,  IF  ANY,  ASSESSED  IN
 CONNECTION WITH SUCH DETERMINATIONS AND THE RATIONALE FOR SUCH PENALTIES
 OR  SANCTIONS,  AND  THE TOTAL DOLLAR VALUE OF EXPENDITURES ON CERTIFIED
 MINORITY AND WOMEN-OWNED BUSINESS CONTRACTS AND   SUBCONTRACTS FOR  THAT
 REPORTING  YEAR,  TO EVALUATE THE EFFECTIVENESS OF THE ACTIVITIES UNDER-
 TAKEN BY THE PORT AUTHORITY TO PROMOTE INCREASED PARTICIPATION BY CERTI-
 FIED MINORITY OR WOMEN-OWNED BUSINESSES WITH RESPECT TO  PORT  AUTHORITY
 CONTRACTS AND SUBCONTRACTS.
   E. THE PORT AUTHORITY SHALL SUBMIT THE ANNUAL REPORT TO THE GOVERNORS,
 AND  LEGISLATURES  OF  NEW  YORK  AND  NEW JERSEY. SUCH REPORTS SHALL BE
 SUBMITTED NO LATER THAN  MAY  FIFTEENTH  OF  EVERY  YEAR  AND  SHALL  BE
 PUBLISHED  ON  THE PORT AUTHORITY'S WEBSITE WITHIN FIVE BUSINESS DAYS OF
 THIS DATE.
   F. THE ANNUAL REPORT SHALL DESCRIBE ANY EFFORTS TO  CREATE A  DATABASE
 OR OTHER INFORMATION STORAGE AND RETRIEVAL SYSTEM CONTAINING INFORMATION
 RELEVANT  TO  CONTRACTING  WITH MINORITY AND WOMEN-OWNED BUSINESS ENTER-
 PRISES.
   § 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
 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.