S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1162
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. DINOWITZ, STERN, HYNDMAN, EPSTEIN, SIMON, REYES,
   GLICK, WILLIAMS,  CRUZ,  FALL,  RAMOS,  SHRESTHA,  SEPTIMO,  MITAYNES,
   SEAWRIGHT, SIMONE, GALLAGHER, CUNNINGHAM, COLTON, DILAN, TAPIA, GONZA-
   LEZ-ROJAS,  BURDICK,  SHIMSKY,  MAMDANI, R. CARROLL, BORES, ROSENTHAL,
   ALVAREZ, HEVESI, LEE, KIM, EACHUS -- Multi-Sponsored by --  M.  of  A.
   COOK,  DE LOS SANTOS,  LEVENBERG,  SAYEGH -- read once and referred to
   the Committee on Corporations, Authorities and Commissions
 
 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 68 of the laws of 2024, 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
 activity central to the mission of the authority. Four  of  the  sixteen
 voting  members  other  than  the  chairperson shall be appointed on the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01670-01-5
              

 A. 1162                             2
 
 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  ADVI-
 SORY  COUNCIL;  ONE  OF  THE TWENTY VOTING MEMBERS OTHER THAN THE CHAIR-
 PERSON 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
 22-301 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, 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
 twelve voting members, other than  the  chairperson,  appointed  by  the
 governor without recommendation by any other person, or on the recommen-
 dation  of  the mayor of the city of New York, or of the chief executive
 officer of the counties of Westchester, Nassau, or Suffolk  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 disabili-
 ty, 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  howev-
 er,  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
 A. 1162                             3
 
 discharge  the 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  termi-
 nate  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 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 recommenda-
 tion 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
 thirtieth, 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
 thousand 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. 1162                             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 ADMINISTRATIVE CODE OF THE
 CITY OF NEW YORK, 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  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 resident 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 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 members, other than the [chairman] CHAIR-
 PERSON, 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  metropol-
 A. 1162                             5

 itan 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  [chairman] 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.   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] CHAIR-
 PERSON  may continue to discharge the duties of [his] THEIR office until
 the position 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. 1162                             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-
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 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. 1162                             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. 1162                             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.