STATE OF NEW YORK ________________________________________________________________________ 5828 2025-2026 Regular Sessions IN ASSEMBLY February 20, 2025 ___________ Introduced by M. of A. R. CARROLL -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law and the transportation law, in relation to establishing the big apple transit authority and the commuter transportation authority for the purpose of providing such authorities with municipal control over the New York city subway system; and to repeal certain provisions of the public authorities law relating thereto (Part A); to amend the public authorities law, in relation to establishing the big apple transit authority within the New York city transit authority (Part B); to amend the public authori- ties law, in relation to establishing the big apple transit authority; and to repeal subdivision 5 of section 553-k of the public authorities law relating thereto (Part C); to amend the public authorities law in relation to establishing the big apple transit authority (Part D); and to amend the public authorities law, in relation to establishing the commuter transportation authority (Part E) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which establish the Big Apple Transit Authority and the Commuter Transit 3 Authority. Each component is wholly contained within a Part identified 4 as Parts A through E. The effective date for each particular provision 5 contained within such Part is set forth in the last section of such 6 Part. Any provision in any section contained within a Part, including 7 the effective date of the Part, which makes a reference to a section "of 8 this act", when used in connection with that particular component, shall 9 be deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. 12 PART A EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05547-01-5
A. 5828 2 1 Section 1. Section 1261 of the public authorities law, as amended by 2 section 1 of part H of chapter 25 of the laws of 2009, subdivision 18-a 3 as amended by section 1 of part PP of chapter 58 of the laws of 2017, is 4 amended to read as follows: 5 § 1261. Definitions. As used or referred to in this title, unless a 6 different meaning clearly appears from the context: 7 1. "Authority" shall mean the corporation created by section twelve 8 hundred sixty-three of this title. 9 2. ["Authority facilities" shall mean the authority's railroad, omni- 10 bus, marine and aviation facilities and operations pursuant to joint 11 service arrangements. 12 3.] "Budget" shall mean the preliminary, final proposed and adopted 13 final plans of the authority, and each of its agencies. 14 [4.] 3. "Comptroller" shall mean the comptroller of the state of New 15 York. 16 [5.] 4. "Equipment" shall mean rolling stock, omnibuses, vehicles, 17 air, marine or surface craft, motors, boilers, engines, wires, ways, 18 conduits and mechanisms, machinery, tools, implements, materials, 19 supplies, instruments and devices of every nature whatsoever used or 20 useful for transportation purposes or for the generation or transmission 21 of motive power including but not limited to all power houses, and all 22 apparatus and all devices for signalling, communications and ventilation 23 as may be necessary, convenient or desirable for the operation of a 24 transportation facility. 25 [6.] 5. "Federal government" shall mean the United States of America, 26 and any officer, department, board, commission, bureau, division, corpo- 27 ration, agency or instrumentality thereof. 28 [7. "Gap" shall mean the difference between projected revenues and 29 expenses for any given fiscal year based on the existing fare structure. 30 8. "Gap-closing initiative" shall mean any action to reduce a project- 31 ed gap. 32 9.] 6. "Governor" shall mean the governor of the state of New York. 33 [10.] 7. "Joint service arrangements" shall mean agreements between or 34 among the authority and any common carrier or freight forwarder, the 35 state, any state agency, the federal government, any other state or 36 agency or instrumentality thereof, any public authority of this or any 37 other state, or any political subdivision or municipality of the state, 38 relating to property, buildings, structures, facilities, services, 39 rates, fares, classifications, divisions, allowances or charges (includ- 40 ing charges between operators of railroad, omnibus, marine and aviation 41 facilities), or rules or regulations pertaining thereto, for or in 42 connection with or incidental to transportation in part in or upon rail- 43 road, omnibus, marine or aviation facilities located within the district 44 and in part in or upon railroad, omnibus, marine or aviation facilities 45 located outside the district. 46 [11.] 8. "Marine and aviation facilities" shall mean equipment and 47 craft for the transportation of passengers, mail and cargo between 48 points within the district or pursuant to joint service arrangements, by 49 marine craft and aircraft of all types including but not limited to 50 hydrofoils, ferries, lighters, tugs, barges, helicopters, amphibians, 51 seaplanes or other contrivances now or hereafter used in navigation or 52 movement on waterways or in the navigation of or flight in airspace. It 53 shall also mean any marine port or airport facility within the transpor- 54 tation district but outside the port of New York district as defined in 55 chapter one hundred fifty-four of the laws of nineteen hundred twenty- 56 one, including but not limited to terminals, docks, piers, bulkheads,
A. 5828 3 1 ramps or any facility or real property necessary, convenient or desira- 2 ble for the accommodation of passengers and cargo or the docking, sail- 3 ing, landing, taking off, accommodation or servicing of such marine 4 craft or aircraft. 5 [12.] 9. "Omnibus facilities" shall mean motor vehicles, of the type 6 operated by carriers subject to the jurisdiction of the public service 7 commission, engaged in the transportation of passengers and their 8 baggage, express and mail between points within the district or pursuant 9 to joint service arrangements, and equipment, property, buildings, 10 structures, improvements, loading or unloading areas, parking areas or 11 other facilities, necessary, convenient or desirable for the accommo- 12 dation of such motor vehicles or their passengers, including but not 13 limited to buildings, structures and areas notwithstanding that portions 14 may not be devoted to any omnibus purpose other than the production of 15 revenues available for the costs and expenses of all or any facilities 16 of the authority. 17 [13.] 10. "Railroad facilities" shall mean right of way and related 18 trackage, rails, cars, locomotives, other rolling stock, signal, power, 19 fuel, communication and ventilation systems, power plants, stations, 20 terminals, storage yards, repair and maintenance shops, yards, equipment 21 and parts, offices and other real estate or personalty used or held for 22 or incidental to the operation, rehabilitation or improvement of any 23 railroad operating or to operate between points within the district or 24 pursuant to joint service arrangements, including but not limited to 25 buildings, structures, and areas notwithstanding that portions thereof 26 may not be devoted to any railroad purpose other than the production of 27 revenues available for the costs and expenses of all or any facilities 28 of the authority. 29 [14.] 11. "Real property" shall mean lands, structures, franchises and 30 interests in land, waters, lands under water, riparian rights and air 31 rights and any and all things and rights included within said term and 32 includes not only fees simple absolute but also any and all lesser 33 interests including but not limited to easements, rights of way, uses, 34 leases, licenses and all other incorporeal hereditaments and every 35 estate, interest or right, legal or equitable, including terms for years 36 and liens thereon by way of judgments, mortgages or otherwise. 37 [15.] 12. "State" shall mean the state of New York. 38 [16.] 13. "State agency" shall mean any officer, department, board, 39 commissioner, bureau, division, public benefit corporation, agency or 40 instrumentality of the state. 41 [17.] 14. "Transportation facility" shall mean any transit, railroad, 42 omnibus, marine or aviation facility and any person, firm, partnership, 43 association or, corporation which owns, leases or operates any such 44 facility or any other facility used for service in the transportation of 45 passengers, United States mail or personal property as a common carrier 46 for hire and any portion thereof and the rights, leaseholds or other 47 interest therein together with routes, tracks, extensions, connections, 48 parking lots, garages, warehouses, yards, storage yards, maintenance and 49 repair shops, terminals, stations and other related facilities thereof, 50 the devices, appurtenances, and equipment thereof and power plants and 51 other instrumentalities used or useful therefor or in connection there- 52 with. 53 [18.] 15. "Transportation district" and "district" shall mean the 54 metropolitan commuter transportation district created by section twelve 55 hundred sixty-two of this title.
A. 5828 4 1 [18-a.] 16. "Transportation purpose" shall mean a purpose that direct- 2 ly supports the missions or purposes of the authority, any of its 3 subsidiaries, New York city transit authority or its subsidiary, includ- 4 ing the realization of revenues derived from property that is, or is to 5 be used as, a transportation facility. 6 [19.] 17. "New York city transit authority" shall mean the corporation 7 created by section twelve hundred one of this [chapter] article. 8 [20.] 18. "Triborough bridge and tunnel authority" shall mean the 9 corporation created by section five hundred fifty-two of this chapter. 10 [21.] 19. "Inspector general" shall mean the metropolitan transporta- 11 tion authority inspector general. 12 [22. "Revenues." All] 20. "Revenues" shall mean all monies received by 13 the authority or its subsidiaries, or New York city transit authority or 14 its subsidiaries, or Triborough bridge and tunnel authority, as the case 15 may be, from whatever source, derived directly or indirectly from or in 16 connection with the operations of the respective entity. 17 [23. "Transit facility." Transit facility as defined in subdivision 18 fifteen of section twelve hundred of this article. 19 24. "Utilization" shall mean public usage of the subway, bus, railroad 20 and paratransit services, and bridge and tunnel crossings, of the 21 authority and its affiliates and subsidiaries as reflected in empirical 22 data.] 23 21. "Big apple transit authority" shall mean the corporation created 24 by section thirteen hundred forty-nine-c of this article. 25 22. "Big apple transit authority and its affiliates" shall mean the 26 big apple transit authority, the New York city transit authority, the 27 Triborough bridge and tunnel authority, and all their respective subsid- 28 iaries. 29 23. "Commuter transportation authority" shall mean the corporation 30 created by section thirteen hundred forty-nine-cccc of this article. 31 § 2. Section 1262 of the public authorities law, as amended by chapter 32 669 of the laws of 1986, is amended to read as follows: 33 § 1262. Metropolitan commuter transportation district. There is hereby 34 created and established a commuter transportation district to be known 35 as the metropolitan commuter transportation district which shall embrace 36 the city of New York and the counties of Dutchess, Nassau, Orange, 37 Putnam, Rockland, Suffolk and Westchester, provided, however, that the 38 district shall not include a county that has withdrawn from the district 39 pursuant to section [twelve] thirteen hundred [seventy-nine-b] forty- 40 nine-wwwww of this article. 41 § 3. Paragraph (a-1) of subdivision 1 and subdivision 9 of section 42 1263 of the public authorities law are REPEALED. 43 § 4. Paragraph (b) of subdivision 4 of section 1263 of the public 44 authorities law is REPEALED, and paragraphs (c) and (d) of subdivision 45 4, paragraph (c) as added by chapter 247 of the laws of 1990, and para- 46 graph (d) as added by section 5 of part H of chapter 25 of the laws of 47 2009, are amended to read as follows: 48 [(c)] (b) The [chairman] chair shall ensure that at every meeting of 49 the board and at every meeting of each committee the public shall be 50 allotted a period of time, not less than thirty minutes, to speak on any 51 topic on the agenda. 52 [(d)] (c) Notwithstanding paragraph [(c)] (b) of subdivision one of 53 section twenty-eight hundred twenty-four of this chapter or any other 54 provision of law to the contrary, the [chairman] chair shall not partic- 55 ipate in establishing authority policies regarding the payment of sala- 56 ry, compensation and reimbursement to, nor establish rules for the time
A. 5828 5 1 and attendance of, the chief executive officer. The salary of the 2 [chairman] chair, as determined pursuant to subdivision two of this 3 section, shall also be compensation for all services performed as chief 4 executive officer. 5 § 5. Subdivision 1 of section 1264 of the public authorities law, as 6 amended by section 1 of part H of chapter 58 of the laws of 2022, is 7 amended to read as follows: 8 1. The purposes of the authority shall be the [continuance, further 9 development and improvement of commuter transportation and other 10 services related thereto within the metropolitan commuter transportation 11 district, including but not limited to such transportation by railroad, 12 omnibus, marine and air, in accordance with the provisions of this 13 title. It shall be the further purpose of the authority, consistent with 14 its status as the ex officio board of both the New York city transit 15 authority and the triborough bridge and tunnel authority, to develop and 16 implement a unified mass transportation policy for such district in an 17 efficient and cost-effective manner that includes the use of design- 18 build contracting on all projects over two hundred million dollars in 19 cost for new construction and all projects over four hundred million 20 dollars in cost for projects that are predominantly rehabilitation or 21 replacement of existing assets except where a waiver is granted by the 22 New York state budget director pursuant to a request in writing from the 23 metropolitan transportation authority. For purposes of granting a waiver 24 pursuant to this section, such review shall consider whether the design 25 build contracting method is appropriate for the project that such waiver 26 is sought for, and the amount of savings and efficiencies that could be 27 achieved using such method. The determination for such waiver shall be 28 made in writing within forty-five days from request or shall be deemed 29 granted.] payment of debt interest and principal, and the fulfillment of 30 all terms, covenants, and other obligations entered into with the hold- 31 ers of said debt. 32 § 6. Section 1264-a of the public authorities law is REPEALED. 33 § 7. Subdivisions 3, 10 and 11 of section 1265 of the public authori- 34 ties law are REPEALED. 35 § 8. Subdivision 6 of section 1265 of the public authorities law, as 36 amended by chapter 988 of the laws of 1984, is amended to read as 37 follows: 38 6. [(a)] To enter into contracts and leases and to execute all instru- 39 ments necessary or convenient; 40 [(b) With respect to any lease transaction entered into pursuant to 41 section 168 (f) (8) of the United States internal revenue code or any 42 successor provisions, the authority shall meet the following standards 43 and procedures: 44 (i) notice of intention to negotiate shall be published in at least 45 one newspaper of general circulation, and a copy thereof shall be mailed 46 to all parties who have requested notification from the authority to 47 engage in transactions of this type. Such notice shall describe the 48 nature of the proposed transaction and the factors subject to negoti- 49 ation, which shall include, but not be limited to, the price to be paid 50 to the authority; 51 (ii) the authority shall negotiate with those respondents whose 52 response complies with the requirements set forth in the notice; 53 (iii) the board of the authority shall resolve on the basis of parti- 54 cularized findings relevant to the factors negotiated that such trans- 55 action will provide maximum available financial benefits, consistent 56 with other defined objectives and requirements.
A. 5828 6 1 (c) The authority shall provide to the governor, the temporary presi- 2 dent of the senate, the speaker of the assembly, the minority leader of 3 the senate and the minority leader of the assembly, notice of each lease 4 entered into pursuant to paragraph (b) of this subdivision and support- 5 ing documentation of compliance by the authority with subparagraphs (i), 6 (ii) and (iii) of paragraph (b) of this subdivision; 7 (d) Paragraphs (b) and (c) of this subdivision shall be of no force 8 and effect with respect to any lease transaction entered into pursuant 9 to a commitment approved prior to January first, nineteen hundred eight- 10 y-five by the board of the authority.] 11 § 9. Section 1265-a of the public authorities law is REPEALED. 12 § 10. Section 1265-b of the public authorities law is REPEALED. 13 § 11. Section 1266 of the public authorities law, as added by chapter 14 324 of the laws of 1965, subdivisions 1, 2, 6 and 8 as amended and 15 subdivisions 3-a and 6-a as added by section 23 of part O and subdivi- 16 sion 17 as added by section 8 of part N of chapter 61 of the laws of 17 2000, subdivision 3 as amended and subdivisions 10, 11 and 12 as added 18 by chapter 314 of the laws of 1981, subdivision 4 as amended by section 19 3 of part UU of chapter 56 of the laws of 2024, subdivision 5 as amended 20 by section 8 of part H of chapter 25 of the laws of 2009, the opening 21 paragraph of subdivision 5 as amended by chapter 506 of the laws of 22 2009, subdivision 9 as added by chapter 717 of the laws of 1967, the 23 opening paragraph of subdivision 9 as separately amended by chapters 657 24 and 789 of the laws of 1973, paragraphs (a), (b), (c) and (d) of subdi- 25 vision 9 as relettered by chapter 789 of the laws of 1973, paragraph (b) 26 of subdivision 9 as amended by chapter 420 of the laws of 1968, subdivi- 27 sion 12-a as added by section 2 of part VVV of chapter 58 of the laws of 28 2020, subdivision 13 as added by chapter 530 of the laws of 1986, subdi- 29 vision 14 as amended by chapter 182 of the laws of 2013, subdivision 15 30 as added by chapter 523 of the laws of 1999, subdivision 16 as amended 31 by chapter 25 of the laws of 2000, subdivision 18 as amended by chapter 32 607 of the laws of 2003 and subdivision 19 as added by chapter 261 of 33 the laws of 2021, is amended to read as follows: 34 § 1266. Special powers of the authority. In order to effectuate the 35 purposes of this title: 36 1. [The authority may acquire, by purchase, gift, grant, transfer, 37 contract or lease, any transportation facility other than a transit 38 facility or, subject to subdivision two of this section or any transpor- 39 tation facility constituting a transit facility, wholly or partially 40 within the metropolitan commuter transportation district, or any part 41 thereof, or the use thereof, and may enter into any joint service 42 arrangements as hereinafter provided. Any such acquisition or joint 43 service arrangement shall be authorized only by resolution of the 44 authority approved by not less than a majority vote of the whole number 45 of members of the authority then in office, except that in the event of 46 a tie vote the chairman shall cast one additional vote. 47 2. The authority may on such terms and conditions as the authority may 48 determine necessary, convenient or desirable itself plan, design, 49 acquire, establish, construct, effectuate, operate, maintain, renovate, 50 improve, extend, rehabilitate or repair (a) any transportation facility 51 other than a transit project, or (b) upon the request of the New York 52 city transit authority, and upon such terms and conditions as shall be 53 agreed to by the authority or any transportation facility constituting a 54 transit facility (a "transportation assistance project"), or may provide 55 for such planning, design, acquisition, establishment, construction, 56 effectuation, operation, maintenance, renovation, improvement, exten-
A. 5828 7 1 sion, rehabilitation or repair by contract, lease or other arrangement 2 on such terms as the authority may deem necessary, convenient or desira- 3 ble with any person, including but not limited to any common carrier or 4 freight forwarder, the state, any state agency, the federal government, 5 any other state or agency or instrumentality thereof, any public author- 6 ity of this or any other state, the port of New York authority or any 7 political subdivision or municipality of the state. In connection with 8 the operation of any transportation facility, the authority may plan, 9 design, acquire, establish, construct, effectuate, operate, maintain, 10 renovate, improve, extend or repair or may provide by contract, lease or 11 other arrangement for the planning, design, acquisition, establishment, 12 construction, effectuation, operation, maintenance, renovation, improve- 13 ment, extension or repair of any related services and activities it 14 deems necessary, convenient or desirable, including but not limited to 15 the transportation and storage of freight and the United States mail, 16 feeder and connecting transportation, parking areas, transportation 17 centers, stations and related facilities. Upon the completion of any 18 such transportation assistance project or any part thereof or the termi- 19 nation of any contract, lease or other arrangement relating to such 20 transportation assistance project, the authority shall cause the same to 21 be transferred, leased or subleased to the New York city transit author- 22 ity or its designated subsidiary, as appropriate, with or without 23 consideration. 24 3.] (a) The authority [may] shall ensure that its revenues and any 25 other funds or property actually available to the authority are suffi- 26 cient to maintain the operations of the authority on a self-sustaining 27 basis. The operations of the authority shall be deemed to be on a self- 28 sustaining basis as required by this title when the authority is able to 29 pay or cause to be paid from revenue and any other funds or property 30 actually available to the authority: (i) as the same shall become due, 31 the principal of and interest on the bonds and notes and other obli- 32 gations of the authority; (ii) the cost and expense of keeping the prop- 33 erties and assets of the authority in good condition and repair; (iii) 34 the operating expenses of the authority; and (iv) any additional invest- 35 ment or savings necessary to maintain proper reserves. 36 (b) The term "proper reserves" as used in this title means the funds 37 necessary, taking into consideration projections of future revenues and 38 expenses, to ensure that total funds available for the following month 39 will exceed two hundred fifty percent of the amount necessary to pay or 40 cause to be paid: 41 (i) as the same shall become due, the principal of and interest on the 42 bonds and notes and other obligations of the authority; 43 (ii) the cost and expense of keeping the properties and assets of the 44 authority in good condition and repair; and 45 (iii) the operating expenses of the authority, for that following 46 month. 47 (c) Notwithstanding any contrary provision of law in title eleven-E or 48 title eleven-F of this article, if monthly revenues fall below one 49 hundred twenty-five percent of the amount necessary to maintain the 50 operations of the authority on a self-sustaining basis, the authority 51 shall, in accordance with sections thirteen hundred forty-nine-h and 52 thirteen hundred forty-nine-iiii of this article, establish, levy and 53 collect or cause to be established, levied and collected and, in the 54 case of a joint service arrangement, join with others in the establish- 55 ment, levy and collection of such fares, tolls, rentals, rates, charges 56 and other fees as it may deem necessary, convenient or desirable for the
A. 5828 8 1 use and operation of any transportation facility and related services 2 operated by the authority or by a subsidiary corporation of the authori- 3 ty or under contract, lease or other arrangement, including joint 4 service arrangements, with the authority, until such time that monthly 5 revenues and any other funds or property actually available to the 6 authority, including its reserves, exceed two hundred percent of the 7 amount necessary to maintain the monthly operations of the authority on 8 a self-sustaining basis for three consecutive months. 9 (d) Any such fares, tolls, rentals, rates, charges or other fees for 10 the transportation of passengers shall be established and changed only 11 if approved by resolution of the authority adopted by not less than a 12 majority vote of the whole number of members of the authority then in 13 office, with the [chairman] chair having one additional vote in the 14 event of a tie vote, and only after a public hearing, provided however, 15 that fares, tolls, rentals, rates, charges or other fees for the trans- 16 portation of passengers on any transportation facility which are in 17 effect at the time that the then owner of such transportation facility 18 becomes a subsidiary corporation of the authority or at the time that 19 operation of such transportation facility is commenced by the authority 20 or is commenced under contract, lease or other arrangement, including 21 joint service arrangements, with the authority may be continued in 22 effect without such a hearing. [Such fares, tolls, rentals, rates, 23 charges and other fees shall be established as may in the judgment of 24 the authority be necessary to maintain the combined operations of the 25 authority and its subsidiary corporations on a self-sustaining basis. 26 The said operations shall be deemed to be on a self-sustaining basis as 27 required by this title, when the authority is able to pay or cause to be 28 paid from revenue and any other funds or property actually available to 29 the authority and its subsidiary corporations (a) as the same shall 30 become due, the principal of and interest on the bonds and notes and 31 other obligations of the authority and of such subsidiary corporations, 32 together with the maintenance of proper reserves therefor, (b) the cost 33 and expense of keeping the properties and assets of the authority and 34 its subsidiary corporations in good condition and repair, and (c) the 35 capital and operating expenses of the authority and its subsidiary 36 corporations.] 37 (e) The authority may contract with the holders of bonds and notes 38 with respect to the exercise of the powers authorized by this section. 39 (f) No acts or activities taken or proposed to be taken by the author- 40 ity or any subsidiary of the authority pursuant to the provisions of 41 this subdivision shall be deemed to be "actions" for the purposes or 42 within the meaning of article eight of the environmental conservation 43 law. 44 [3-a. In furtherance of the authority's mandate to develop and imple- 45 ment a unified mass transportation policy for the metropolitan commuter 46 transportation district and the exercise of its powers, including the 47 power to issue notes, bonds and other obligations secured in whole or in 48 part by the revenues of the authority and its subsidiaries, and New York 49 city transit authority and its subsidiaries, the authority shall join 50 with the New York city transit authority and its subsidiaries in 51 connection with any change in the establishment, levy and collection of 52 fares, tolls, rentals, rates, charges and other fees for the transporta- 53 tion of passengers on any transportation facilities operated by New York 54 city transit authority and its subsidiaries. Such fares, tolls, rentals, 55 charges and other fees on transit facilities shall be established in
A. 5828 9 1 accordance with the requirements of sections twelve hundred five and 2 twelve hundred seven-i of this article. 3 4. The authority may establish and, in the case of joint service 4 arrangements, join with others in the establishment of such schedules 5 and standards of operations and such other rules and regulations includ- 6 ing but not limited to rules and regulations governing the conduct and 7 safety of the public as it may deem necessary, convenient or desirable 8 for the use and operation of any transportation facility and related 9 services operated by the authority or under contract, lease or other 10 arrangement, including joint service arrangements, with the authority. 11 Such rules and regulations governing the conduct and safety of the 12 public shall be filed with the department of state in the manner 13 provided by section one hundred two of the executive law. In the case of 14 any conflict between any such rule or regulation of the authority 15 governing the conduct or the safety of the public and any local law, 16 ordinance, rule or regulation, such rule or regulation of the authority 17 shall prevail. Violation of any such rule or regulation of the authority 18 or any of its subsidiaries governing the conduct or the safety of the 19 public in or upon any facility of the authority or any of its subsid- 20 iaries shall constitute an offense and shall be punishable by a fine not 21 exceeding fifty dollars or imprisonment for not more than thirty days or 22 both or may be punishable by the imposition of a civil penalty by the 23 transit adjudication bureau established pursuant to the provisions of 24 title nine of this article, except that civil penalties relating to the 25 payment of fares may be punishable by the imposition of a civil penalty 26 not to exceed one hundred fifty dollars, provided that civil penalties 27 relating to the payment of fares to the MTA bus company and the Metro- 28 North railroad and Long Island rail road shall be in accordance with the 29 conditions set forth in subdivisions eleven and twelve of section twelve 30 hundred nine-a of this article, as applicable. 31 5. The authority may acquire, hold, own, lease, establish, construct, 32 effectuate, operate, maintain, renovate, improve, extend or repair any 33 transportation facilities through, and cause any one or more of its 34 powers, duties, functions or activities to be exercised or performed by, 35 one or more wholly owned subsidiary corporations of the authority, or by 36 New York city transit authority or any of its subsidiary corporations in 37 the case of transit facilities and may transfer to or from any such 38 corporations any moneys, real property or other property for any of the 39 purposes of this title upon such terms and conditions as shall be agreed 40 to and subject to such payment or repayment obligations as are required 41 by law or by any agreement to which any of the affected entities is 42 subject. The directors or members of each such subsidiary corporation of 43 the authority corporation shall be the same persons holding the offices 44 of members of the authority. The chairman of the board of each such 45 subsidiary shall be the chairman of the authority, serving ex officio 46 and, provided that there is an executive director of the metropolitan 47 transportation authority, the executive director of such subsidiary 48 shall be the executive director of the metropolitan transportation 49 authority, serving ex officio. Notwithstanding any provision of law to 50 the contrary, the chairman shall be the chief executive officer of each 51 such subsidiary and shall be responsible for the discharge of the execu- 52 tive and administrative functions and powers of each such subsidiary. 53 The chairman and executive director, if any, shall be empowered to dele- 54 gate his or her functions and powers to one or more officers or employ- 55 ees of each such subsidiary designated by him or her. Each such subsid- 56 iary corporation of the authority and any of its property, functions and
A. 5828 10 1 activities shall have all of the privileges, immunities, tax exemptions 2 and other exemptions of the authority and of the authority's property, 3 functions and activities. Each such subsidiary corporation shall be 4 subject to the restrictions and limitations to which the authority may 5 be subject. Each such subsidiary corporation of the authority shall be 6 subject to suit in accordance with section twelve hundred seventy-six of 7 this title. The employees of any such subsidiary corporation, except 8 those who are also employees of the authority, shall not be deemed 9 employees of the authority. 10 If the authority shall determine that one or more of its subsidiary 11 corporations should be in the form of a public benefit corporation, it 12 shall create each such public benefit corporation by executing and 13 filing with the secretary of state a certificate of incorporation, which 14 may be amended from time to time by filing, which shall set forth the 15 name of such public benefit subsidiary corporation, its duration, the 16 location of its principal office, and any or all of the purposes of 17 acquiring, owning, leasing, establishing, constructing, effectuating, 18 operating, maintaining, renovating, improving, extending or repairing 19 one or more facilities of the authority. Each such public benefit 20 subsidiary corporation shall be a body politic and corporate and shall 21 have all those powers vested in the authority by the provisions of this 22 title which the authority shall determine to include in its certificate 23 of incorporation except the power to contract indebtedness. 24 Whenever any state, political subdivision, municipality, commission, 25 agency, officer, department, board, division or person is authorized and 26 empowered for any of the purposes of this title to co-operate and enter 27 into agreements with the authority such state, political subdivision, 28 municipality, commission, agency, officer, department, board, division 29 or person shall have the same authorization and power for any of such 30 purposes to co-operate and enter into agreements with a subsidiary 31 corporation of the authority. 32 6. Each of the] 2. On a monthly basis, or more frequently if required 33 by law or agreement, the authority shall: 34 (a) pay: 35 (i) as the same shall become due, the principal of and interest on the 36 bonds and notes and other obligations of the authority, together with 37 the maintenance of proper reserves therefor; 38 (ii) the cost and expense of keeping the properties and assets of the 39 authority in good condition and repair; and 40 (iii) the operating expenses of the authority; 41 (b) make all other payments and transfers as required by law, includ- 42 ing those required by sections twelve hundred seventy-a, twelve hundred 43 seventy-b, twelve hundred seventy-c, former section twelve hundred 44 seventy-d, sections twelve hundred seventy-h, and twelve hundred seven- 45 ty-i of this title; and 46 (c) transfer all remaining funds, except those required to be held in 47 reserve by law, to the big apple transit authority and the commuter 48 transportation authority as follows: eighty percent of the funds shall 49 be transferred to the big apple transit authority and twenty percent of 50 the funds shall be transferred to the commuter transportation authority. 51 3. The authority [and its subsidiaries, and the New York city transit 52 authority and its subsidiaries, in its own name or in the name of the 53 state,] may apply for and receive and accept grants of property, money 54 and services and other assistance offered or made available to it by any 55 person, government or agency, which it may use to meet capital or oper- 56 ating expenses and for any other use within the scope of its powers, and
A. 5828 11 1 to negotiate for the same upon such terms and conditions as the respec- 2 tive authority may determine to be necessary, convenient or desirable. 3 [6-a.] 4. Subject to the rights of the holders of any outstanding 4 bonds, notes or other obligations of the authority, [New York city tran- 5 sit authority and Triborough bridge and tunnel authority] the big apple 6 transit authority and its affiliates, and the commuter transportation 7 authority, and to facilitate the efficient financial management of the 8 authority, [its subsidiary corporations, New York city transit authority 9 and its subsidiary corporations, and Triborough bridge and tunnel 10 authority] the big apple transit authority and its affiliates, and the 11 commuter transportation authority, (the "affiliated entities"), the 12 authority may[, and may permit and direct any affiliated entity to,] 13 transfer revenues, subsidies and other monies or securities to one or 14 more funds or accounts of another affiliated entity for use by such 15 other affiliated entity, provided at the time of such transfer it is 16 reasonably anticipated that the monies and securities so transferred 17 will be reimbursed, repaid or otherwise provided for by the end of the 18 next succeeding calendar year if reimbursement or repayment is required 19 by law or by any agreement to which any of the affected affiliated enti- 20 ties is subject. Any revenues of an affiliated entity that are trans- 21 ferred to another affiliated entity, which transfer was not authorized 22 by a provision of law other than this subdivision, shall be considered 23 to be required to be repaid to the affiliated entity which was the 24 source of such revenues by the end of the next succeeding calendar year 25 following such transfer. 26 [7. The authority may lease railroad cars for use in its passenger 27 service pursuant to the provisions of chapter six hundred thirty-eight 28 of the laws of nineteen hundred fifty-nine. 29 8. The authority may do all things it deems necessary, convenient or 30 desirable to manage, control and direct the maintenance and operation of 31 transportation facilities, equipment or real property operated by or 32 under contract, lease or other arrangement with the authority and its 33 subsidiaries, and New York city transit authority and its subsidiaries. 34 Except as hereinafter specially provided, no municipality or political 35 subdivision, including but not limited to a county, city, village, town 36 or school or other district shall have jurisdiction over any facilities 37 of the authority and its subsidiaries, and New York city transit author- 38 ity and its subsidiaries, or any of their activities or operations. The 39 local laws, resolutions, ordinances, rules and regulations of a munici- 40 pality or political subdivision, heretofore or hereafter adopted, 41 conflicting with this title or any rule or regulation of the authority 42 or its subsidiaries, or New York city transit authority or its subsid- 43 iaries, shall not be applicable to the activities or operations of the 44 authority and its subsidiaries, and New York city transit authority, or 45 the facilities of the authority and its subsidiaries, and New York city 46 transit authority and its subsidiaries, except such facilities that are 47 devoted to purposes other than transportation or transit purposes. Each 48 municipality or political subdivision, including but not limited to a 49 county, city, village, town or district in which any facilities of the 50 authority or its subsidiaries, or New York city transit authority or its 51 subsidiaries are located shall provide for such facilities police, fire 52 and health protection services of the same character and to the same 53 extent as those provided for residents of such municipality or political 54 subdivision. 55 The jurisdiction, supervision, powers and duties of the department of 56 transportation of the state under the transportation law shall not
A. 5828 12 1 extend to the authority in the exercise of any of its powers under this 2 title. The authority may agree with such department for the execution by 3 such department of any grade crossing elimination project or any grade 4 crossing separation reconstruction project along any railroad facility 5 operated by the authority or by one of its subsidiary corporations or 6 under contract, lease or other arrangement with the authority. Any such 7 project shall be executed as provided in article ten of the transporta- 8 tion law and the railroad law, respectively, and the costs of any such 9 project shall be borne as provided in such laws, except that the author- 10 ity's share of such costs shall be borne by the state. 11 9. Upon approval by the commissioner of transportation of the state of 12 New York of detailed plans and specifications, which approval may be 13 based upon considerations of relative need and the timing of 14 construction, the authority is authorized to design, construct, main- 15 tain, operate, improve and reconstruct a highway bridge crossing Long 16 Island sound, as follows: 17 (a) Upon (i) the enactment by the state of Connecticut of legislation 18 having like effect as the provisions of this paragraph and the granting 19 of the consent of the congress of the United States of America to the 20 interstate compact thereby created, and (ii) in conformity with recom- 21 mendations of the New York-Connecticut bi-state bridge study commission, 22 the authority is authorized, in cooperation with any duly designated 23 agency or agencies of the state of Connecticut, to design, construct, 24 maintain, operate, improve and reconstruct a highway bridge crossing 25 Long Island sound from a point in the vicinity of the city of Bridgeport 26 in the state of Connecticut to a point in the vicinity of the village of 27 Port Jefferson in the state of New York, together with approaches to 28 such bridge; and to contract from time to time with such agency or agen- 29 cies of the state of Connecticut with respect to all matters affecting 30 these authorizations, including, without limitation, the sharing of all 31 capital, operational and maintenance expense (except that the capital 32 expense of the original construction of such bridge, other than the 33 expense of acquiring the needed real property, shall be in the ratio of 34 fifty per-centum for the authority and fifty per-centum for such agency 35 or agencies of the state of Connecticut), the manner and by whom the 36 work of design, construction, reconstruction, improvement, maintenance 37 and operation is to be performed or contracted to others for perform- 38 ance, the tolls, fees and other charges to be imposed from time to time 39 for the use of such bridge, and the sharing of revenues derived from the 40 imposition of such tolls, fees and charges (except that net revenues 41 remaining after deduction of operational and maintenance expense of such 42 bridge shall be in the ratio of fifty per-centum for the authority and 43 fifty per-centum for the state of Connecticut or for such agency or 44 agencies of the state of Connecticut. Subject to the limitations imposed 45 upon the authority by the provisions of the said contracts, that portion 46 of the said bridge and its approaches situate and lying within the 47 territorial boundaries of the state of New York shall be deemed a 48 "transportation facility" of the authority for all the purposes of this 49 title, but tolls, fees and other charges imposed for the use of such 50 bridge shall not be deemed to have been imposed "for the transportation 51 of passengers" within the intendment of subdivision three of this 52 section. 53 (b) If funds are made available by the authority for the payment of 54 the cost and expense of the acquisition thereof, the commissioner of 55 transportation of the state of New York, when requested by the authori- 56 ty, may acquire in the name of the state such real property lying within
A. 5828 13 1 the territorial boundaries of the state as may be determined from time 2 to time by the authority to be necessary, convenient or desirable to 3 carry out the authorizations set forth in paragraphs (a) and (b) of this 4 subdivision, may remove the owner or occupant thereof where necessary 5 and obtain possession and, when requested by the authority, may dispose 6 of any real property so acquired, all according to the procedure 7 provided in section thirty of the highway law. The authority shall have 8 the right to possess and use for its corporate purposes all such real 9 property so acquired, all according to the procedure provided in section 10 thirty of the highway law. The authority shall have the right to possess 11 and use for its corporate purposes all such real property so acquired. 12 Claims for the value of the property appropriated and for legal damages 13 caused by any such appropriation shall be adjusted and determined by the 14 commissioner of transportation with the approval of the authority or by 15 the court of claims as provided in section thirty of the highway law. 16 When a claim has been filed with the court of claims, the claimant shall 17 cause a copy of such claim to be served upon the authority and the 18 authority shall have the right to be represented and heard before such 19 court. All awards and judgments arising from such claims shall be paid 20 out of moneys of the authority. 21 (c) The authority, acting independently or jointly or in cooperation 22 with such agency or agencies of the state of Connecticut, may also apply 23 for and accept, upon condition or otherwise, from the duly authorized 24 agencies of the federal government, and of the governments of the states 25 of Connecticut and New York, such underwater and overwater grants of 26 real property, licenses or permits as shall be necessary, convenient or 27 desirable to carry out the authorizations set forth in paragraphs (a) 28 and (b) of this subdivision. 29 (d) The provisions of chapter four hundred forty-two of the laws of 30 nineteen hundred sixty-five (and of any agreement entered into in 31 pursuance thereof) relating to the repayment of a loan made by the state 32 to the authority for the purchase of the Long Island railroad shall be 33 inapplicable to (i) the construction of such bridges and their 34 approaches, (ii) bonds, notes or other obligations of the authority 35 issued for or in connection with the financing of the cost of design, 36 construction and reconstruction of such bridges and their approaches, or 37 the proceeds realized upon such issuance; and (iii) revenues derived 38 from the investment of such proceeds or of any part thereof, and from 39 the imposition of tolls, fees or other charges for the use of such 40 bridges. 41 10.] 5. Notwithstanding the provisions of any other law, general, 42 special or local, or of any agreement entered into in pursuance thereof, 43 relating to the repayment of any loan or advance made by the state to 44 the authority or to the New York city transit authority, neither the 45 authority nor the New York city transit authority shall be required to 46 repay any such loan or advance heretofore made from or by reason of the 47 issuance of bonds or notes of either of them or from the proceeds real- 48 ized upon such issuance or from any other funds received by either of 49 them from any source whatever in aid or assistance of the project or 50 projects for the financing of which such bonds or notes are issued. 51 [11. No project to be constructed upon real property theretofore used 52 for a transportation purpose, or on an insubstantial addition to such 53 property contiguous thereto, which will not change in a material respect 54 the general character of such prior transportation use, nor any acts or 55 activities in connection with such project, shall be subject to the 56 provisions of article eight, nineteen, twenty-four or twenty-five of the
A. 5828 14 1 environmental conservation law, or to any local law or ordinance adopted 2 pursuant to any such article. Nor shall any acts or activities taken or 3 proposed to be taken by the authority or by any other person or entity, 4 public or private, in connection with the planning, design, acquisition, 5 improvement, construction, reconstruction or rehabilitation of a trans- 6 portation facility, other than a marine or aviation facility, be subject 7 to the provisions of article eight of the environmental conservation 8 law, or to any local law or ordinance adopted pursuant to any such arti- 9 cle if such acts or activities require the preparation of a statement 10 under or pursuant to any federal law or regulation as to the environ- 11 mental impact thereof. 12 12. The authority may, upon suitable notice to and an offer to consult 13 with an officer designated by the city of New York, occupy the streets 14 of the city of New York for the purpose of doing any work over or under 15 the same in connection with the improvement, construction, recon- 16 struction or rehabilitation of a transportation facility without the 17 consent of or payment to such city. 18 12-a.] 6. (a) Whenever the authority determines in consultation with 19 the city of New York that it is necessary to obtain the temporary or 20 permanent use, occupancy, control or possession of vacant or undeveloped 21 or underutilized but replaceable real property, or any interest therein, 22 or subsurface real property or any interest therein then owned by the 23 city of New York for a project in the two thousand fifteen to two thou- 24 sand nineteen or the two thousand twenty to two thousand twenty-four 25 approved capital programs to (i) install one or more elevators to make 26 one or more subway stations more accessible, (ii) construct or recon- 27 struct an electrical substation to increase available power to the 28 subway system to expand passenger capacity or reliability, or (iii) in 29 connection with the capital project to construct four commuter railroad 30 passengers stations in the borough of the Bronx known as Penn Station 31 access, the authority upon approval by the board of the metropolitan 32 transportation authority and upon suitable notice and with the consent 33 of the city of New York may cause the title to such real property, or 34 any interest therein, to be transferred to the authority by adding it to 35 the agreement of lease dated June first, nineteen hundred fifty-three, 36 as amended, renewed and supplemented, authorized by section twelve 37 hundred three of this article, or may itself acquire title to such prop- 38 erty from the city of New York, and any such transfer or acquisition of 39 real property shall be subject to the provisions of subdivision five of 40 former section twelve hundred sixty-six-c of this title. Nothing in this 41 subdivision shall be deemed to authorize any temporary or permanent 42 transfer or acquisition of real property, or interest therein, that is 43 dedicated parkland without separate legislative approval of such alien- 44 ation. 45 (b) (i) Upon the execution of any transfer or acquisition pursuant to 46 this subdivision, which shall be final upon the approval by the board of 47 the metropolitan transportation authority and consent of the city of New 48 York, the fair market value shall be determined pursuant to this para- 49 graph. The authority shall make a written offer to pay to the city of 50 New York the fair market value of the authority's use, occupancy, 51 control, possession or acquisition of such property. The offer by the 52 authority shall be based on an appraisal of the value of such property 53 and a copy of such appraisal shall be included with the offer. Such 54 appraisal shall be done by an independent New York state licensed or 55 certified appraiser, who may not be employed by the authority, selected 56 at random from a panel of appraisers maintained by it for such purpose.
A. 5828 15 1 Such appraisal and a second appraisal, if required pursuant to subpara- 2 graph (ii) of this paragraph, shall consider only the reasonably antic- 3 ipated lawful use of the property and its zoning designation under the 4 zoning resolution of the city of New York at the time the authority 5 notified the city of New York of its determination to use, occupy, 6 control, possess or acquire such property. 7 (ii) Within thirty days of receipt of the offer by the authority, the 8 city of New York may accept it, agree with the authority on another 9 amount, or request a second appraisal by an independent New York state 10 licensed or certified appraiser, who may not be employed by the city of 11 New York, selected at random by the city of New York from a panel of 12 appraisers maintained by it for such purpose. Such second appraisal 13 shall be completed within thirty days. If the second appraisal produces 14 an estimate of the fair market value of the property that is greater 15 than that of the first appraisal, the authority shall have ten days to 16 increase its offer to such higher amount, otherwise the two appraisers 17 shall reconcile their valuations and agree on a final valuation within 18 ten days, which shall be an amount not less than the first appraisal nor 19 greater than the second appraisal. 20 [(c) Nothing in this subdivision shall be construed to affect or limit 21 the authority's power under subdivision twelve of this section. 22 13. The authority and each of its subsidiary corporations shall place 23 on each transformer and substation which contains polychlorinated biphe- 24 nyls (PCBs) a symbol so indicating the presence of PCBs. Use of a PCB 25 mark illustrated in the rules and regulations promulgated pursuant to 26 the federal Toxic Substances Control Act shall constitute compliance 27 with the provisions of this subdivision. 28 14. Notwithstanding any other provisions of law or the terms of any 29 contract, the authority, in consultation with the Long Island Rail Road, 30 shall establish and implement a no fare program for transportation on 31 the Long Island Rail Road for police officers employed by the city of 32 New York, county of Nassau, Nassau county villages and cities, county of 33 Suffolk, Suffolk county villages and towns, the division of state 34 police, the port authority of New York and New Jersey, the Metro-North 35 Commuter Railroad Company, the New York city housing authority and the 36 New York city transit authority. In establishing such program, which has 37 as its goal increased protection and improved safety for its commuters, 38 the authority and the Long Island Rail Road shall, among other things, 39 consider: (a) requiring police officers who ride without cost to regis- 40 ter with the Long Island Rail Road as a condition of riding without 41 cost; (b) requiring such officers to indicate during such registration 42 process their regular working hours and the Long Island Rail Road trains 43 that such officers expect to ride; and (c) periodically re-registering 44 and re-validating such officers. The authority and the Long Island Rail 45 Road shall also have the power to consider other matters necessary to 46 carry out the goals and objectives of this section. 47 15. (a) Notwithstanding any other provisions of law or the terms of 48 any contract, the authority, in consultation with the New York city 49 transit authority, the Long Island Rail Road and the Metro-North Commu- 50 ter Railroad Company, shall establish and implement a no fare program 51 for transportation on New York city transit authority systems, the Long 52 Island Rail Road and the Metro-North Commuter Railroad Company for indi- 53 viduals serving as personal care attendants accompanying an Americans 54 With Disabilities Act paratransit eligible individual.
A. 5828 16 1 (b) In order to be eligible for such no fare program the personal care 2 attendant must show his or her community based personal care attendant 3 agency issued identification card. 4 (c) In order to be considered accompanying an Americans With Disabili- 5 ties Act paratransit eligible individual the personal care attendant 6 shall have the same origin and destination as such paratransit eligible 7 individual. 8 16. Notwithstanding any other provision of law, the authority and any 9 of its subsidiary corporations shall establish and implement a half fare 10 rate program for persons with serious mental illness who are eligible to 11 receive supplemental security income benefits as defined pursuant to 12 title sixteen of the federal social security act and section two hundred 13 nine of the social services law. 14 17. Notwithstanding any conflicting provisions of general, special or 15 local law, and pursuant to the authority's 2000-2004 capital program 16 plans approved by the metropolitan transportation authority capital 17 program review board, the authority or any of its subsidiaries, the New 18 York city transit authority or any of its subsidiaries, or Triborough 19 bridge and tunnel authority, shall provide, from funds identified in 20 such approved 2000-2004 capital program plans, up to twelve million 21 dollars for the financing of a bus and heavy duty vehicles emission 22 research and testing facility and related equipment located in the state 23 of New York, whether within or outside of the transportation district, 24 which facility shall be operated by the department of environmental 25 conservation and shall be available for use on a non-exclusive basis by 26 the authority and any of its subsidiaries, the New York city transit 27 authority and any of its subsidiaries, and Triborough bridge and tunnel 28 authority. 29 18. The authority shall conduct a campaign of public outreach to 30 inform the public of the provisions pertaining to assault on employees 31 described in subdivision eleven of section 120.05 of the penal law. 32 19.] 7. In connection with their lawful responsibilities or functions, 33 the authority and its subsidiaries, including Metro-North Commuter Rail- 34 road, the Long Island Rail Road, MTA bus and the Staten Island rapid 35 transit operating authority, the Triborough bridge and tunnel authority, 36 and the New York city transit authority and its subsidiary the Manhattan 37 and Bronx surface transit operating authority, are authorized to 38 request, receive and review criminal history information through the 39 division of criminal justice services with respect to any person apply- 40 ing for a safety sensitive position. When requested, such applicant 41 shall submit to the authority or the requesting affiliate or subsidiary 42 [his or her] their fingerprints in such form and in such manner as spec- 43 ified by the division, for the purpose of conducting a criminal history 44 search identifying criminal convictions and pending criminal charges and 45 returning a report thereon in accordance with the procedures and 46 requirements established by the division pursuant to the provisions of 47 article thirty-five of the executive law, which shall include the 48 payment of the reasonable prescribed processing fee for the cost of the 49 division's full search and retention procedures and a national criminal 50 history record check. The authority or requesting affiliate or subsid- 51 iary shall submit such fingerprints and the processing fee to the divi- 52 sion. The division shall forward to the authority or the requesting 53 affiliate or subsidiary a report with respect to the applicant's previ- 54 ous criminal history, if any, or a statement that the applicant has no 55 previous criminal history according to its files. Fingerprints submitted 56 to the division pursuant to this subdivision may also be submitted to
A. 5828 17 1 the federal bureau of investigation for a national criminal history 2 record check. If additional copies of fingerprints are required, the 3 applicant shall furnish them upon request. Upon receipt of such criminal 4 history information, the authority or the requesting affiliate or 5 subsidiary shall provide such applicant with a copy of such criminal 6 history information, together with a copy of article twenty-three-A of 7 the correction law, and inform such applicant of [his or her] their 8 right to seek correction of any incorrect information contained in such 9 criminal history information pursuant to regulations and procedures 10 established by the division of criminal justice services. The authority 11 or the requesting affiliate or subsidiary shall ensure that adequate 12 notice be provided to such applicant regarding the fact that state and 13 national criminal history record checks may be conducted. This provision 14 shall not preclude or alter the process by which a municipal civil 15 service commission obtains and provides background information pursuant 16 to subdivision four of section fifty of the civil service law relating 17 to applicants for civil service appointments at the New York city trans- 18 it authority and the Triborough bridge and tunnel authority. 19 § 12. Section 1266-a of the public authorities law is REPEALED. 20 § 13. Section 1266-b of the public authorities law is REPEALED. 21 § 14. Section 1266-c of the public authorities law is REPEALED. 22 § 15. Section 1266-d of the public authorities law is REPEALED. 23 § 16. Section 1266-e of the public authorities law is REPEALED. 24 § 17. Section 1266-f of the public authorities law is REPEALED. 25 § 18. Section 1266-g of the public authorities law is REPEALED. 26 § 19. Section 1266-h of the public authorities law is REPEALED and a 27 new section 1266-h is added to read as follows: 28 § 1266-h. Transfer of employees. 1. In order to assist the big apple 29 transportation authority and the commuter transportation authority in 30 carrying out their powers and responsibilities, the authority shall 31 develop and complete a personnel reorganization plan to transfer its 32 employees to the big apple transportation authority and the commuter 33 transportation authority to perform any operation or function subject 34 only to a determination that they are substantially similar to any oper- 35 ation or function currently performed. Substantially similar operation 36 or function shall be determined by the authority receiving the employ- 37 ees. 38 2. Such assignment, transfer, sharing, or consolidation pursuant to 39 this section shall occur only if approved by resolution of the boards of 40 the authority, the big apple transportation authority, and the commuter 41 transportation authority, adopted by not less than a majority vote of 42 the whole number of members of the authority then in office, with the 43 chair having one additional vote in the event of a tie vote. 44 3. Nothing set forth in this section shall be construed to impede, 45 infringe or diminish the rights and benefits that accrue to employees 46 and employers through collective bargaining agreements, or impact or 47 change an employee's membership in a bargaining unit. 48 4. A transferred employee who is a member or beneficiary of any exist- 49 ing pension or retirement system shall continue to have the rights, 50 privileges, obligations and status with respect to such system or 51 systems as if they had continued in their employment with the authority. 52 5. Pursuant to this section, any such assigning, transferring, shar- 53 ing, or consolidating of powers, duties, functions or activities shall 54 not be authorized where it would impair any rights and remedies of any 55 holders of notes, bonds or other obligations issued by the authority, 56 its subsidiaries, or affiliates or their subsidiaries.
A. 5828 18 1 6. Such transfers shall be subject to section seventy of the civil 2 service law; or, where not subject to civil service, the provisions of 3 such section seventy shall be deemed applicable, except where the 4 context clearly requires otherwise. Any such employee who, at the time 5 of such transfer, has a temporary or provisional appointment shall be 6 transferred subject to the same right of removal, examination or termi- 7 nation as though such transfer had not been made except to the extent 8 such rights are modified by a collective bargaining agreement. 9 7. A transferred employee shall remain in the same collective bargain- 10 ing unit as was the case prior to such employee's transfer; successor 11 employees to the positions held by such transferred employees shall, 12 consistent with the provisions of article fourteen of the civil service 13 law, be included in the same unit as their predecessors. Employees, 14 other than managerial or confidential persons (as defined in article 15 fourteen of the civil service law), serving in positions in newly 16 created titles shall be assigned to the appropriate bargaining unit. 17 Nothing contained in this section shall be construed to affect: 18 (a) the rights of employees pursuant to a collective bargaining agree- 19 ment; 20 (b) the representational relationships among employee organizations or 21 the bargaining relationships between the state and an employee organiza- 22 tion; or 23 (c) existing law with respect to an application to the public employ- 24 ment relations board, provided, however, that the merger of such negoti- 25 ating units of employees shall be effected only with the consent of the 26 recognized and certified representatives of such units and of the 27 authority. 28 8. Notwithstanding the provisions of any other law to the contrary, 29 all lawful appointees holding positions which hereinbefore were subject 30 to the civil service law and are transferred to the authority shall 31 continue to hold their positions without further examination or quali- 32 fications. 33 § 20. Section 1266-i of the public authorities law is REPEALED. 34 § 21. Section 1266-j of the public authorities law is REPEALED. 35 § 22. Section 1266-k of the public authorities law is REPEALED. 36 § 23. Section 1267 of the public authorities law is REPEALED. 37 § 24. Section 1267-a of the public authorities law is REPEALED. 38 § 25. Section 1267-b of the public authorities law is REPEALED. 39 § 26. Section 1268 of the public authorities law is REPEALED. 40 § 27. Subdivisions 1-a and 12 of section 1269 of the public authori- 41 ties law are REPEALED. 42 § 28. Subdivisions 1, 3, 4, 6 and 9 of section 1269 of the public 43 authorities law, as amended by section 27 of part O of chapter 61 of the 44 laws of 2000, are amended to read as follows: 45 1. (a) The authority shall only have power [and is hereby authorized 46 from time to time] to issue its bonds, notes and other obligations in 47 such principal amount as[, in the opinion of the authority, shall be 48 necessary, convenient or desirable to effectuate any of its powers and 49 purposes, including to provide sufficient funds for achieving its 50 purposes, including the acquisition, establishment, construction, effec- 51 tuation, operation, maintenance, renovation, improvement, extension, 52 rehabilitation or repair of any transportation facility, the payment of 53 principal, redemption premium and interest on bonds, notes and other 54 obligations of the authority, establishment of reserves to secure such 55 bonds notes and other obligations, the provision of working capital and 56 all other expenditures of the authority and its subsidiary corporations,
A. 5828 19 1 and New York city transit authority and its subsidiary corporations 2 incident to and necessary or convenient to carry out their purposes and 3 powers] already authorized by the 2015-2019 capital program. Such 4 bonds, notes or other obligations may be issued for an individual trans- 5 portation facility or issued on a consolidated basis for such groups or 6 classes of facilities and projects as the authority in its discretion 7 deems appropriate and be payable from and secured separately or on a 8 consolidated basis by, among other things, all or any portion of such 9 revenues and other monies and assets of the authority [and its subsid- 10 iary corporations, and New York city transit authority and its subsid- 11 iary corporations as the authority determines in accordance with the 12 provisions of section twelve hundred seventy-d of this title]; 13 (b) [The authority shall have power, from time to time, to issue 14 renewal notes, to issue bonds to refund, redeem or otherwise pay, 15 including by purchase or tender, notes of the authority and its subsid- 16 iary corporations, and New York city transit authority and its subsid- 17 iary corporations and whenever it deems refunding, redemption or payment 18 expedient, to refund, redeem or otherwise pay, including by purchase or 19 tender, any bonds of the authority and its subsidiary corporations, New 20 York city transit authority and its subsidiary corporations and Tribor- 21 ough bridge and tunnel authority by the issuance of new bonds, whether 22 the bonds to be refunded, redeemed or otherwise paid have or have not 23 matured, and to issue bonds partly for such purpose and partly for any 24 other purpose and to otherwise refund, redeem, acquire by purchase or 25 tender, or in any other way repay any outstanding notes, bonds or other 26 obligations of the authority, any of its subsidiary corporations, New 27 York city transit authority, any of its subsidiary corporations and 28 Triborough bridge and tunnel authority; 29 (c)] Every issue of its notes, bonds or other obligations shall be 30 general obligations or special obligations. Every issue of general obli- 31 gations of the authority shall be payable out of any revenues or monies 32 of the authority, subject only to any agreements with the holders of 33 particular notes or bonds pledging any particular receipts or revenues. 34 Every issue of special obligations shall be payable out of any revenues, 35 receipts, monies or other assets of the authority [and its subsidiary 36 corporations, the New York city transit authority and its subsidiary 37 corporations and the Triborough bridge and tunnel authority] identified 38 for such purposes in accordance with agreements with the holders of 39 particular notes, bonds or other obligations. [The authority may issue 40 transportation revenue special obligation bonds, notes or other obli- 41 gations as provided in section twelve hundred seventy-d of this title;] 42 3. Any resolution or resolutions authorizing any notes, bonds or any 43 issue thereof, or any other obligations of the authority, may contain 44 provisions, which shall be a part of the contract with the holders ther- 45 eof, as to: 46 (a) pledging all or any part of the revenues of the authority [or of 47 any of its subsidiary corporations or New York city transit authority or 48 any of its subsidiary corporations or Triborough bridge and tunnel 49 authority] to secure the payment of the notes or bonds or of any issue 50 thereof, or any other obligations of the authority, subject to such 51 applicable agreements with bondholders, noteholders, or holders of other 52 obligations of the authority, [the New York city transit authority and 53 its subsidiary corporations, and Triborough bridge and tunnel authority] 54 the big apple transit authority and its affiliates, or the commuter 55 transportation authority as may then exist;
A. 5828 20 1 (b) [pledging all or any part of the assets of the authority or of any 2 of its subsidiary corporations or New York city transit authority or any 3 of its subsidiary corporations or Triborough bridge and tunnel authority 4 to secure the payment of the notes or bonds or of any issue of notes or 5 bonds, or any other obligations of the authority, subject to such agree- 6 ments with noteholders, bondholders, or holders of other obligations of 7 the authority, the New York city transit authority and its subsidiary 8 corporations, and Triborough bridge and tunnel authority as may then 9 exist; 10 (c)] the use and disposition of revenues, including fares, tolls, 11 rentals, rates, charges and other fees, made or received by the authori- 12 ty, any of its subsidiary corporations, [New York city transit authority 13 or any of its subsidiary corporations, or Triborough bridge and tunnel 14 authority] the big apple transit authority and its affiliates, and the 15 commuter transportation authority; 16 [(d)] (c) the setting aside of reserves or sinking funds and the regu- 17 lation and disposition thereof; 18 [(e)] (d) limitations on the purpose to which the proceeds of sale of 19 notes, bonds or other obligations of the authority may be applied and 20 pledging such proceeds to secure the payment of the notes or bonds or of 21 any issue thereof or of other obligations; 22 [(f)] (e) limitations on the issuance of additional notes, bonds or 23 other obligations of the authority; the terms upon which additional 24 notes, bonds or other obligations of the authority may be issued and 25 secured; the refunding of outstanding or other notes, bonds or other 26 obligations of the authority; 27 [(g)] (f) the procedure, if any, by which the terms of any contract 28 with noteholders, bondholders, or holders of other obligations of the 29 authority, may be amended or abrogated, the amount of notes, bonds or 30 other obligations of the authority the holders of which must consent 31 thereto, and the manner in which such consent may be given; 32 [(h)] (g) limitations on the amount of monies to be expended by the 33 authority [or any of its subsidiary corporations or New York city trans- 34 it authority or any of its subsidiary corporations or Triborough bridge 35 and tunnel authority for operating, administrative or other expenses of 36 the authority or any of its subsidiary corporations or New York city 37 transit authority or any of its subsidiary corporations or Triborough 38 bridge and tunnel authority]; 39 [(i)] (h) vesting in a trustee or trustees such property, rights, 40 powers and duties in trust as the authority may determine, which may 41 include any or all of the rights, powers and duties of the trustee 42 appointed by the bondholders, noteholders or holders of other obli- 43 gations of the authority pursuant to this title, and limiting or abro- 44 gating the right of the bondholders, noteholders or holders of other 45 obligations of the authority to appoint a trustee under this article or 46 limiting the rights, powers and duties of such trustee; 47 [(j)] (i) any other matters, of like or different character, which in 48 any way affect the security or protection of the notes, bonds or other 49 obligations of the authority. 50 4. In addition to the powers herein conferred upon the authority to 51 secure its notes, bonds and other obligations, the authority shall have 52 power in connection with the issuance of notes, bonds and other obli- 53 gations to enter into such agreements as the authority may deem neces- 54 sary, convenient or desirable concerning the use or disposition of the 55 monies or property of [any of] the authority[, its subsidiary corpo- 56 rations, New York city transit authority, or any of its subsidiary
A. 5828 21 1 corporations, or Triborough bridge and tunnel authority], including the 2 mortgaging of any such property and the entrusting, pledging or creation 3 of any other security interest in any such monies or property and the 4 doing of any act (including refraining from doing any act) which the 5 authority would have the right to do in the absence of such agreements. 6 The authority shall have power to enter into amendments of any such 7 agreements within the powers granted to the authority by this title and 8 to perform such agreements. The provisions of any such agreements may be 9 made a part of the contract with the holders of the notes, bonds and 10 other obligations of the authority. 11 6. Neither the members of the authority, [the New York city transit 12 authority or the Triborough bridge and tunnel authority] the big apple 13 transit authority or any of its affiliates, or the commuter transporta- 14 tion authority nor any person executing the notes, bonds or other obli- 15 gations shall be liable personally on the notes, bonds or other obli- 16 gations or be subject to any personal liability or accountability by 17 reason of the issuance thereof. 18 9. So long as the authority has outstanding any bonds, notes or other 19 obligations issued pursuant to this section or any bonds, notes or other 20 obligations issued or incurred pursuant to the former section twelve 21 hundred sixty-six-c of this title, none of the authority or any of its 22 subsidiary corporations, New York city transit authority or any of its 23 subsidiary corporations, or Triborough bridge and tunnel authority shall 24 have the authority to file a voluntary petition under chapter nine of 25 the federal bankruptcy code or such corresponding chapter, chapters or 26 sections as may, from time to time, be in effect, and neither any public 27 officer nor any organization, entity or other person shall authorize the 28 authority or any of its subsidiary corporations, New York city transit 29 authority or any of its subsidiary corporations, or Triborough bridge 30 and tunnel authority to be or become a debtor under chapter nine or said 31 corresponding chapter, chapters or sections of the federal bankruptcy 32 code during any such period. 33 § 29. Section 1269-a of the public authorities law is REPEALED. 34 § 30. Section 1269-b of the public authorities law is REPEALED. 35 § 31. Section 1269-c of the public authorities law is REPEALED. 36 § 32. Section 1269-d of the public authorities law is REPEALED. 37 § 33. Section 1269-f of the public authorities law is REPEALED. 38 § 34. Section 1269-g of the public authorities law is REPEALED. 39 § 35. Subdivisions 2 and 3 and paragraphs (a), (d) and (e) of subdivi- 40 sion 4 of section 1270-a of the public authorities law, subdivisions 2 41 and 3 and paragraphs (a) and (d) of subdivision 4 as amended by section 42 29 of part O of chapter 61 of the laws of 2000, and paragraph (e) of 43 subdivision 4 as amended by section 7 of part FF of chapter 58 of the 44 laws of 2019, are amended to read as follows: 45 2. Moneys in the transit account [may be pledged to the Triborough 46 bridge and tunnel authority to secure bonds and notes and, if so 47 pledged,] if already pledged prior to January first, two thousand twen- 48 ty-six, shall be paid to the Triborough bridge and tunnel authority in 49 such amounts and at such times as necessary to pay or to reimburse that 50 authority for its payment of debt service and reserve requirements on 51 that portion of special Triborough bridge and tunnel authority bonds and 52 notes issued by that authority pursuant to section five hundred fifty- 53 three-d of this chapter for transit projects undertaken for the New York 54 city transit authority and its subsidiaries. Subject to the provisions 55 of such pledge, any excess monies, or in the event there is no such 56 pledge, any moneys in such account shall, at the direction of the
A. 5828 22 1 [metropolitan transportation] big apple transit authority, be (a) depos- 2 ited into one or more funds or accounts and used as contemplated by 3 section [twelve hundred seventy-d] thirteen hundred forty-nine-dd of 4 this [title] article or (b) used for the payment of operating and capi- 5 tal costs of the New York city transit authority and its subsidiaries 6 and the Staten Island rapid transit operating authority. 7 3. The authority shall transfer in nineteen hundred eighty-seven up to 8 twenty million dollars of the moneys in the commuter railroad account to 9 the suburban transportation fund in accordance with the terms of an 10 agreement between the authority and the department of transportation 11 with respect thereto, established herein, and pursuant to section eight- 12 y-eight-b of the state finance law. In subsequent years the authority 13 shall transfer twenty million dollars of the moneys in the commuter 14 railroad account to the suburban transportation fund in accordance with 15 the terms of an agreement between the authority and the department of 16 transportation with respect thereto, established herein, and pursuant to 17 section eighty-eight-b of the state finance law. 18 In the event the transfer to the suburban transportation fund provided 19 pursuant to this subdivision results in an operating deficit, as certi- 20 fied by the director of the division of the budget, in consultation with 21 the authority, that portion of the deficit attributable to such transfer 22 shall be appropriated from the general fund to the authority for commu- 23 ter railroad operating purposes, provided, however, that such appropri- 24 ation shall not exceed twenty million dollars. 25 The remaining moneys in the commuter railroad account [may be pledged 26 to the Triborough bridge and tunnel authority to secure bonds and notes 27 and, if so pledged] if already pledged prior to January first, two thou- 28 sand twenty-six, shall be paid to the Triborough bridge and tunnel 29 authority in such amounts and at such times as necessary to pay or to 30 reimburse that authority for its payment of debt service and reserve 31 requirements on that portion of special Triborough bridge and tunnel 32 authority bonds and notes issued by that authority pursuant to section 33 five hundred fifty-three-d of this chapter for transportation facilities 34 undertaken for the authority and its subsidiaries. Subject to the 35 provisions of any such pledge, any excess monies, or in the event there 36 is no such pledge, any moneys in such account shall[, at the direction 37 of the metropolitan transportation authority, be (a) deposited into one 38 or more funds or accounts and used as contemplated by section twelve 39 hundred seventy-d of this title or, (b)] be used for payment of operat- 40 ing and capital costs of the Long Island Rail Road company and the 41 Metro-North commuter railroad company. 42 (a) Moneys in the corporate transportation account shall first be used 43 for payments to the metropolitan transportation authority Dutchess, 44 Orange and Rockland fund established by section twelve hundred seventy-b 45 of this title. The remaining moneys in the corporate transportation 46 account [may be pledged by the authority, or pledged to the Triborough 47 bridge and tunnel authority, to secure bonds, notes or other obligations 48 of the authority or the Triborough bridge and tunnel authority, as the 49 case may be, and, if so pledged], if already pledged to the Triborough 50 bridge and tunnel authority prior to January first, two thousand twen- 51 ty-six, shall be paid to the Triborough bridge and tunnel authority in 52 such amounts and at such times as necessary to pay or to reimburse that 53 authority for its payment of debt service and reserve requirements, if 54 any, on that portion of special Triborough bridge and tunnel authority 55 bonds and notes issued by that authority pursuant to section five 56 hundred fifty-three-d of this chapter. Subject to the provisions of any
A. 5828 23 1 such pledge, or in the event there is no such pledge, any excess moneys 2 in the corporate transportation account [may] shall be [used by the 3 authority for payment of operating costs of, and capital costs, includ- 4 ing debt service and reserve requirements, if any, of or for the author- 5 ity,] transferred to the [New York city transit authority and their 6 subsidiaries as the authority shall determine] big apple transit author- 7 ity. 8 (d) (1) In the event the county of Dutchess, the county of Orange or 9 the county of Rockland withdraws from the metropolitan transportation 10 district, the authority shall not transfer from the corporate transpor- 11 tation account to the metropolitan transportation authority Dutchess, 12 Orange and Rockland fund that portion of the moneys that would otherwise 13 be transferred from such account to such fund to the credit of such 14 withdrawing county or counties. 15 (2) For purposes of this subdivision, a county is deemed to have with- 16 drawn if a resolution is adopted and filed by the county legislature of 17 such county providing a public transportation plan pursuant to section 18 [twelve hundred seventy-nine-b] thirteen hundred forty-nine-wwwww of 19 this [title] article. 20 (e) Notwithstanding the foregoing provisions of this subdivision, any 21 moneys in the corporate transportation account that are received by the 22 authority: (i) without appropriation pursuant to subdivision one of this 23 section, or (ii) pursuant to the provisions of section ninety-two-ff of 24 the state finance law [may be pledged by the authority, or pledged to 25 the Triborough bridge and tunnel authority, to secure bonds, notes or 26 other obligations of the authority or the Triborough bridge and tunnel 27 authority, as the case may be, and, if so pledged], if already pledged 28 to the Triborough bridge and tunnel authority prior to January first, 29 two thousand twenty-six, shall be paid to the Triborough bridge and 30 tunnel authority in such amounts and at such times as necessary to pay 31 or to reimburse that authority for its payment of debt service and 32 reserve requirements, if any, on that portion of special Triborough 33 bridge and tunnel authority bonds and notes issued by that authority 34 pursuant to section five hundred fifty-three-d of this chapter. Subject 35 to the provisions of any such pledge, or in the event there is no such 36 pledge, any moneys in the corporate transportation account received by 37 the authority: (i) without appropriation pursuant to subdivision one of 38 this section, or (ii) pursuant to the provisions of section ninety-two- 39 ff of the state finance law [may] shall be [used by the authority for 40 payment of operating costs of, and capital costs, including debt service 41 and reserve requirements, if any, of or for the authority,] transferred 42 to the [New York city transit authority and their subsidiaries as the 43 authority shall determine] big apple transit authority. No moneys in the 44 corporate transportation account that are reserved by the authority: (i) 45 without appropriation pursuant to subdivision one of this section; or 46 (ii) pursuant to the provisions of section ninety-two-ff of the state 47 finance law may be used for making any payment to the Dutchess, Orange 48 and Rockland fund created by section twelve hundred seventy-b of this 49 title or considered in calculating the amounts required to be paid into 50 such fund. 51 § 36. Subdivision 3 of section 1270-c of the public authorities law, 52 as amended by section 30 of part O of chapter 61 of the laws of 2000, is 53 amended to read as follows: 54 3. Moneys in the fund may be [(a) pledged by the authority to secure 55 and be applied to the payment of its bonds, notes or other obligations 56 specified by the authority and issued to finance (i) transit projects
A. 5828 24 1 undertaken for the New York city transit authority and its subsidiaries 2 and (ii) transportation facilities undertaken for the authority and its 3 subsidiaries and (b)] used for payment of operating costs, [and capital 4 costs,] including debt service, reserve requirements, if any, the 5 payment of amounts required under bond and note facilities or agreements 6 related thereto, the payment of federal government loans, security or 7 credit arrangements or other agreements related thereto, and the payment 8 of all costs related to such obligations, of or for the authority[, the 9 New York city transit authority and their subsidiaries as the authority 10 shall determine]. To the extent moneys in the fund have already been 11 pledged by the authority prior to January first, two thousand twenty-six 12 to secure and pay its bonds, notes or other obligations [as herein 13 provided], moneys deposited into the fund shall first be deposited into 14 the pledged amounts account to the extent necessary to satisfy the 15 requirements of any debt service or reserve requirements, if any, of the 16 resolution authorizing such bonds, notes or other obligations. After 17 satisfaction of such requirements of the resolution, or if the authority 18 has not so pledged the moneys in the fund, moneys deposited in the fund 19 shall be directly deposited into the operating and capital costs account 20 and, subject to the provisions of any resolutions of the authority not 21 secured by the pledged amounts account, transferred forthwith to or for 22 the benefit of the [New York city transit authority and its subsidiaries 23 and the Staten Island rapid transit operating authority] big apple tran- 24 sit authority (the "[TA] BAT") and to and for the benefit of the [Long 25 Island Rail Road company and the Metro-North commuter rail road company] 26 commuter transportation authority (the "[CRR] CTA") as provided in this 27 section. 28 Moneys in the operating and capital costs account which were deposited 29 in the fund pursuant to appropriation from moneys deposited in the dedi- 30 cated mass transportation trust fund for payment to the metropolitan 31 transportation authority dedicated tax fund pursuant to subdivision (d) 32 of section three hundred one-j of the tax law (the "remaining PBT 33 amount") shall be distributed by the authority as follows: an amount 34 equal to the debt service incurred in such calendar year as a result of 35 obligations issued and secured by moneys in the fund, to the extent such 36 debt service is to be paid from money deposited in the fund pursuant to 37 appropriation from moneys deposited in the dedicated mass transportation 38 trust fund for payment to the metropolitan transportation authority 39 dedicated tax fund pursuant to subdivision (d) of section three hundred 40 one-j of the tax law ("PBT debt service"), shall be added to the remain- 41 ing PBT amount. The sum of these figures shall then be allocated as 42 follows: eighty-five per centum of such sum shall be allocated to the 43 [TA] BAT and fifteen per centum of such sum shall be allocated to the 44 [CRR] CTA. The amounts so allocated shall then be reduced respectively 45 by the proportional amount of PBT debt service attributable to the 46 payments for transit projects undertaken for the [TA] BAT and transpor- 47 tation facility projects undertaken for the [CRR] CTA. The remaining 48 amounts shall constitute the respective distributable shares of the 49 remaining PBT amount and shall be distributed to or for the benefit of 50 the [TA] BAT and the [CRR] CTA. 51 Moneys in the operating and capital costs account which were deposited 52 in the fund pursuant to section eighty-eight-a of the state finance law 53 (the "remaining MMTOA amount") shall be distributed by the authority as 54 follows: an amount equal to the debt service incurred in such calendar 55 year as a result of obligations issued and secured by money in the fund, 56 to the extent such debt service is to be paid from money deposited in
A. 5828 25 1 the fund pursuant to section eighty-eight-a of the state finance law 2 ("MMTOA debt service"), shall be added to the remaining MMTOA amount. 3 The sum of these figures shall then be allocated as follows: there shall 4 be allocated (i) to the [TA] BAT an amount of such sum which bears the 5 same proportion to such sum as the amount appropriated and paid during 6 such calendar year from the metropolitan mass transportation operating 7 assistance account to the authority for the operating expenses of the 8 [TA] BAT bears to the total amounts so appropriated and paid from such 9 operating assistance account during such calendar year to the [TA] BAT 10 and [CRR] CTA combined and (ii) to the [CRR] CTA an amount of such sum 11 which bears the same proportion to such sum as the amount appropriated 12 and paid during such calendar year from the metropolitan mass transpor- 13 tation operating assistance account to the [CRR] CTA bears to the total 14 amounts so appropriated and paid from such operating assistance account 15 during such calendar year to the [TA] BAT and [CRR] CTA combined. The 16 amounts so allocated shall then be reduced respectively by the propor- 17 tional amount of MMTOA debt service attributable to the payments for 18 transit projects undertaken for the [TA] BAT and transportation facility 19 projects undertaken for the [CRR] CTA. The remaining amounts shall 20 constitute the respective distributable shares of the remaining MMTOA 21 amount and shall be distributed to or for the benefit of the [TA] BAT 22 and the [CRR] CTA. In no event shall the authority utilize any measure 23 or calculation for determining such distributable shares other than the 24 formula prescribed herein nor shall the authority take any action which 25 would result in the use of such money which is different from or incon- 26 sistent with the use prescribed in this section. 27 To the extent that amounts described in the preceding two paragraphs 28 are distributed more frequently than annually, each such distribution 29 shall be made as nearly as may be practicable in accordance with the 30 allocations described above to the [TA] BAT and the [CRR] CTA. Within 31 thirty days after the end of each calendar year, the authority shall 32 certify to the director of the budget, the chairperson of the senate 33 finance committee and the chairperson of the assembly ways and means 34 committee, the amount of money deposited in the fund pursuant to appro- 35 priation from moneys deposited in the dedicated mass transportation 36 trust fund for payment to the metropolitan transportation authority 37 dedicated tax fund pursuant to subdivision (d) of section three hundred 38 one-j of the tax law and section eighty-eight-a of the state finance 39 law, the amounts expended from the pledged amounts account for the bene- 40 fit of the [TA] BAT and the [CRR] CTA, and the amounts of the remaining 41 PBT amount and the remaining MMTOA amount distributed during the prior 42 calendar year to the [TA] BAT and the [CRR] CTA and specifying in each 43 case the appropriation or appropriations which was the source of such 44 amounts. 45 § 37. Section 1270-d of the public authorities law is REPEALED. 46 § 38. Section 1270-g of the public authorities law, as added by 47 section 16 of part H of chapter 25 of the laws of 2009, is amended to 48 read as follows: 49 § 1270-g. Regulation of certain authority expenditures. 1. The author- 50 ity shall implement policies as appropriate to minimize unwarranted 51 expenses and to protect against abuses in connection with (i) the grant- 52 ing of any privileges or benefits having financial value, other than 53 wage payments or expense reimbursements, to members or staff of the 54 authority, or any subsidiary or other authority created by the authori- 55 ty; and (ii) the full-time and part-time assignment and use of automo- 56 biles owned or leased by the authority, or any subsidiary or other A. 5828 26 1 authority created by the authority, and the use by authority employees 2 and board members of livery vehicles, as defined in section one hundred 3 twenty-one-e of the vehicle and traffic law. 4 2. The authority's total expenses for its first year, not including 5 payments of interest or principal on bonds and notes and other obli- 6 gations of the authority already outstanding as of January first, two 7 thousand twenty-six, or already authorized by the 2015-2019 capital 8 program, shall not exceed one hundred ten million dollars, and in subse- 9 quent years shall not exceed one percent of the total operating 10 expenses, not including capital expenditures or payments of interest or 11 principal on bonds and notes and other obligations, of the big apple 12 transit authority in the previous year. 13 § 39. Subdivision 3 of section 1270-h of the public authorities law, 14 as added by section 16 of part H of chapter 25 of the laws of 2009, is 15 amended to read as follows: 16 3. Moneys in the fund may be [(a) pledged by the authority to secure 17 and be applied to the payment of the bonds, notes or other obligations 18 of the authority issued on or after the effective date of this section 19 to finance capital projects of the authority and its subsidiaries and 20 the New York city transit authority and any subsidiaries; or (b)] used 21 for payment of [capital] operating costs, including debt service, 22 reserve requirements, if any, the payment of amounts required under bond 23 and note facilities or agreements related thereto, the payment of feder- 24 al government loans, security or credit arrangements or other agreements 25 related thereto, and the payment of all costs related to such obli- 26 gations, of or for the authority, the New York city transit authority 27 and their subsidiaries as the authority shall determine. To the extent 28 moneys in the fund have already been pledged by the authority prior to 29 January first, two thousand twenty-six, to secure and pay the bonds, 30 notes or other obligations of the authority issued to finance capital 31 projects of the authority and its subsidiaries and the New York city 32 transit authority and any subsidiaries as herein provided, monies depos- 33 ited into the fund shall be deposited to the extent necessary to satisfy 34 the requirements of any debt service or reserve requirements, if any, of 35 the resolution authorizing such bonds, notes or other obligations. 36 Subject to the provisions of any such pledge, or in the event there is 37 no such pledge, any excess moneys in this fund [may] shall be [used by 38 the authority for payment of operating costs of, and capital costs, 39 including debt service and reserve requirements, if any, of or for the 40 authority, the New York city transit authority and their subsidiaries as 41 the authority shall determine. To the extent moneys in the fund have 42 been pledged by the authority to secure and pay the bonds, notes or 43 other obligations of the authority issued to finance capital projects of 44 the authority and its subsidiaries and the New York city transit author- 45 ity and any subsidiaries as herein provided, monies deposited into the 46 fund shall be deposited to the extent necessary to satisfy the require- 47 ments of any debt service or reserve requirements, if any, of the resol- 48 ution authorizing such bonds, notes or other obligations] transferred to 49 the big apple transit authority. 50 § 40. Subdivisions 2, 3 and 4 of section 1270-i of the public authori- 51 ties law, as added by section 4 of part NNN of chapter 59 of the laws of 52 2018, are amended to read as follows: 53 2. Moneys in the subway action plan account shall be used for the 54 exclusive purpose of funding the operating and capital costs of the 55 [metropolitan transportation authority's] New York city subway action 56 plan. Such funds may be used for infrastructure including construction,
A. 5828 27 1 reconstruction, reconditioning and preservation of transportation 2 systems, facilities and equipment, acquisition of property, and for 3 operating costs including personal services, non-personal services, 4 fringe benefits, and contractual services. Funds may also be used to pay 5 or to reimburse the authority for its payment of debt service and 6 reserve requirements on that portion of authority bonds and notes issued 7 by the authority for capital costs of the [metropolitan transportation 8 authority's] New York city subway action plan. 9 3. Moneys in the outer borough transportation account shall be used 10 for the exclusive purpose of funding the operating and capital costs of 11 [metropolitan transportation] the big apple transit authority facili- 12 ties, equipment and services in the counties of Bronx, Kings, Queens and 13 Richmond, and any projects improving transportation connections from 14 such counties to New York [County] county. Such funds may be used for 15 infrastructure including construction, reconstruction, reconditioning 16 and preservation of transportation systems, facilities and equipment, 17 acquisition of property, and for operating costs including personal 18 services, non-personal services, fringe benefits, and contractual 19 services. Funds may also be used to fund a toll reduction program for 20 any crossings under the jurisdiction of the [metropolitan transporta- 21 tion] big apple transit authority [or its subsidiaries or] and its 22 affiliates. Funds may also be used to pay or to reimburse the authority 23 for its payment of debt service and reserve requirements on that portion 24 of authority bonds and notes that have been issued by the authority 25 specifically for the authorized purpose of this account. Notwithstanding 26 any law to the contrary, final approval of the use of any funds paid 27 into the outer borough transportation account shall be [unanimously] 28 approved by [three members of the Metropolitan Transportation Authority 29 Capital Program Review Board, established pursuant to section twelve 30 hundred sixty-nine-a of this title so designated pursuant to this subdi- 31 vision. For purposes of such final approvals the three voting members 32 are: the member appointed upon recommendation by the temporary president 33 of the senate; the member appointed upon recommendation of speaker of 34 the assembly; and the member appointed by the governor] the mayor of New 35 York city. 36 4. Moneys in the general transportation account shall be used for 37 funding the operating and capital costs of the [metropolitan transporta- 38 tion] big apple transit authority. Such funds may be used for infras- 39 tructure including construction, reconstruction, reconditioning and 40 preservation of transportation systems, facilities and equipment, acqui- 41 sition of property, and for operating costs including personal services, 42 non-personal services, fringe benefits, and contractual services. Funds 43 may also be used to pay or to reimburse the authority for its payment of 44 debt service and reserve requirements on that portion of authority bonds 45 and notes that have been issued by the authority specifically for the 46 purposes of this account. 47 § 41. Section 1271 of the public authorities law, as amended by 48 section 32 of part O of chapter 61 of the laws of 2000, is amended to 49 read as follows: 50 § 1271. Agreement of the state. The state does hereby pledge to and 51 agree with the authority and its subsidiaries, [New York city transit 52 authority and its subsidiaries, and Triborough bridge and tunnel author- 53 ity] the big apple transit authority and its affiliates, the commuter 54 transportation authority, and the holders of any notes, bonds or other 55 obligations, including lease obligations, issued or incurred under this 56 title, that the state will not limit or alter the denial of authority
A. 5828 28 1 under subdivision nine of section twelve hundred sixty-nine of this 2 title, or the rights and powers vested in the authority and its subsid- 3 iaries, New York city transit authority and its subsidiaries, and 4 Triborough bridge and tunnel authority by this title to fulfill the 5 terms of any agreements made by any of them with the holders thereof, or 6 in any way impair the rights and remedies of such holders until such 7 notes, bonds or other obligations, including lease obligations, together 8 with the interest thereon, with interest on any unpaid installments of 9 interest, and all costs and expenses for which the authority or its 10 subsidiaries, New York city transit authority and its subsidiaries, and 11 Triborough bridge and tunnel authority is liable in connection with any 12 action or proceeding by or on behalf of such holders, are fully met and 13 discharged. The authority and its subsidiaries, New York city transit 14 authority and its subsidiaries, and Triborough bridge and tunnel author- 15 ity are each authorized to include this pledge and agreement of the 16 state in any agreement with the holders of such notes, bonds or other 17 obligations, including lease obligations. 18 § 42. Section 1276-f of the public authorities law is REPEALED. 19 § 43. Section 1277 of the public authorities law is REPEALED. 20 § 44. Section 1277-a of the public authorities law, as amended by 21 section 33 of part O of chapter 61 of the laws of 2000, is amended to 22 read as follows: 23 § 1277-a. Transfer and receipt of surplus funds. Notwithstanding any 24 provision of this title or any other provision of law, general, special 25 or local, the authority [may from time to time transfer and pay over to 26 New York city transit authority or triborough bridge and tunnel authori- 27 ty all or any part of its surplus funds; and] may accept and use any 28 moneys transferred and paid over to it by [New York city transit] the 29 big apple transit authority and its affiliates or [triborough bridge and 30 tunnel] the commuter transportation authority. 31 § 45. Section 1279 of the public authorities law is REPEALED. 32 § 46. Section 1279-a of the public authorities law is REPEALED. 33 § 47. Section 1279-b of the public authorities law is REPEALED. 34 § 48. Section 1279-c of the public authorities law is REPEALED. 35 § 49. Section 1279-d of the public authorities law is REPEALED. 36 § 50. Section 1279-e of the public authorities law is REPEALED. 37 § 51. Section 1279-f of the public authorities law is REPEALED. 38 § 52. Section 1279-g of the public authorities law is REPEALED. 39 § 53. Section 1279-h of the public authorities law is REPEALED. 40 § 54. Section 1279-l of the public authorities law is REPEALED. 41 § 55. Subdivision 1 of section 17-b of the transportation law, as 42 amended by chapter 84 of the laws of 1985, is amended to read as 43 follows: 44 1. Notwithstanding the provisions of [subdivision eight of section 45 twelve hundred sixty-six and] subdivision seven of section twelve 46 hundred ninety-nine-f of the public authorities law or of [subdivision 47 seventeen of] section one hundred forty-two of this chapter, every 48 transportation authority and every other public transportation operator 49 or carrier receiving mass transportation operating assistance pursuant 50 to section eighteen-b of this [chapter] article either directly from the 51 department [of transportation] or through a county or municipality 52 pursuant to said section, shall prepare and publicize a plan for trans- 53 portation safety, including but not limited to equipment maintenance 54 procedures, personnel safety training programs, accident reporting 55 systems, passenger safety practices and the persons responsible for the 56 implementation of such practices and programs. Every authority and every
A. 5828 29 1 other public transportation operator or carrier required herein to file 2 such a plan shall review such plan biennially and amend such plan if 3 amendments are necessary. 4 § 56. Subdivision 17 of section 553 of the public authorities law, as 5 amended by section 4 of part O of chapter 61 of the laws of 2000, is 6 amended to read as follows: 7 17. To do all things necessary or convenient to carry out the powers 8 expressly given in this title and to assist and cooperate with the 9 metropolitan transportation authority to carry out the powers of the 10 metropolitan transportation authority in furtherance of the purposes and 11 powers of the authority as provided in this article, including, without 12 limitation, the transactions described in [sections twelve hundred 13 sixty-six-c,] section twelve hundred sixty-nine[, and twelve hundred 14 seventy-d] of this chapter. 15 § 57. Subdivisions 9 and 10 of section 553-e of the public authorities 16 law are REPEALED. 17 § 58. Subdivisions 7 and 11 of section 553-e of the public authorities 18 law, subdivision 7 as added by chapter 314 of the laws of 1981 and 19 subdivision 11 as amended by chapter 929 of the laws of 1986, are 20 amended to read as follows: 21 7. The metropolitan transportation authority, the New York city trans- 22 it authority and the designated subsidiaries of each of them are each 23 hereby authorized (i) to request the authority to undertake any such 24 project; (ii) to acquire in its own name by gift, purchase or condemna- 25 tion, and, additionally, in the case of the metropolitan transportation 26 authority, by appropriation [pursuant to section twelve hundred sixty- 27 seven-a of this chapter], any real or personal property (or any interest 28 therein), which is needed or useful for or in connection with such 29 project, the provisions of any lease or other agreement with the city to 30 the contrary notwithstanding, and to surrender the use, occupancy, 31 control or possession of or to transfer the same, or of any other such 32 real or personal property (or any interest therein) which it owns, leas- 33 es, operates or controls, to the authority; (iii) to accept a transfer, 34 transfer back, lease or sublease of any such project or part thereof 35 upon its completion; (iv) to undertake any such project itself, or to 36 finance, through loans, leases or otherwise, any other person or entity, 37 public or private, to do so, in each case using funds granted by the 38 authority to pay all or any part of the costs thereof (such undertaking, 39 in the case of the New York city transit authority and its subsidiary, 40 the Manhattan and Bronx surface transit operating authority, being free 41 of any restriction set forth in subparagraph (ii) of paragraph b of 42 subdivision one of section twelve hundred three or in paragraph (c) of 43 subdivision five of section twelve hundred three-a of this chapter); and 44 (v) to make its agents, employees and facilities available to the 45 authority in connection therewith. 46 11. The aggregate principal amount of bonds and notes issued and 47 outstanding at any time to finance projects authorized by paragraphs 48 (m), (n), (o), (p) and (r) of subdivision nine of section five hundred 49 fifty-three of this title shall not exceed one billion one hundred 50 million dollars through December thirty-first, nineteen hundred eighty- 51 six and three billion two hundred million dollars thereafter, provided 52 however that such latter amount shall not exceed two billion two hundred 53 million dollars for all bonds and notes other than those issued pursuant 54 to section five hundred fifty-three-d of this title. This limitation 55 shall not include (i) bonds and notes issued to refund or otherwise 56 repay bonds or notes theretofore issued for such purposes, (ii) bonds
A. 5828 30 1 issued to fund any reasonably required debt service reserve fund for 2 bonds and notes, and (iii) an amount equal to any original issue 3 discount from the [prinicipal] principal amount of any bonds or notes 4 issued and then outstanding. From the proceeds of the bonds and notes 5 provided for in the first sentence of this subdivision, other than bonds 6 or notes authorized by section five hundred fifty-three-d of this title, 7 the authority shall not expend more than one billion three hundred twen- 8 ty million dollars for transit projects [as defined in section twelve 9 hundred sixty-six-c of this chapter] nor more than eight hundred eighty 10 million dollars for transportation facilities as such term is defined in 11 subdivision fourteen of section twelve hundred sixty-one of this chapter 12 other than marine or aviation facilities. For the purposes of this 13 subdivision, facilities under the jurisdiction of the Staten Island 14 rapid transit operating authority shall be considered transit projects. 15 § 59. Subdivision 6 of section 1201 of the public authorities law, as 16 amended by section 11 of part O of chapter 61 of the laws of 2000, is 17 amended to read as follows: 18 6. The authority and its corporate existence shall continue until 19 terminated by law, provided however, that no such law shall take effect 20 so long as the authority or any of its subsidiaries, the metropolitan 21 transportation authority or the Triborough bridge and tunnel authority 22 shall have outstanding any notes or bonds or lease, sublease or other 23 contractual obligations issued or incurred pursuant to section twelve 24 hundred seven-m of this title or issued or incurred in connection with 25 the transfer of its interest in and the lease from the transferee of any 26 property furnished to it pursuant to chapter twelve of the laws of nine- 27 teen hundred seventy-nine or section fifteen of chapter three hundred 28 fourteen of the laws of nineteen hundred eighty-one[, or section twelve 29 hundred sixty-six-c or twelve hundred seventy-d of this article], unless 30 adequate provision has been made for the payment or satisfaction of such 31 outstanding notes, bonds, lease, sublease or other contractual obli- 32 gations. 33 § 60. Subdivision 11 of section 1204 of the public authorities law, as 34 amended by section 14 of part O of chapter 61 of the laws of 2000, is 35 amended to read as follows: 36 11. To make or enter into contracts, agreements, deeds, leases, 37 conveyances or other instruments necessary or convenient, and to assist 38 and cooperate with the metropolitan transportation authority to carry 39 out the powers of the metropolitan transportation authority in further- 40 ance of the purposes and powers of the authority as provided in this 41 article, including, without limitation, the transactions described in 42 [sections twelve hundred sixty-six-c,] section twelve hundred sixty-nine 43 [and twelve hundred seventy-d] of this article. This power shall include 44 the power to make contracts with other persons operating transit facili- 45 ties for combined fares for the use of such facilities and the transit 46 facilities operated by the authority and for the division of such fares, 47 and the power to make contracts for the transportation of the United 48 States mail or personal property. 49 § 61. Intentionally omitted. 50 § 62. Intentionally omitted. 51 § 63. The opening paragraph of subdivision 4 and subdivisions 5 and 11 52 of section 1209 of the public authorities law, the opening paragraph of 53 subdivision 4 as added by chapter 430 of the laws of 1983, subdivision 5 54 as added by chapter 383 of the laws of 1985 and subdivision 11 as added 55 by chapter 929 of the laws of 1986, are amended to read as follows:
A. 5828 31 1 Notwithstanding the provisions of subdivision two of this section, a 2 contract for the purchase of omnibuses or components of omnibuses in 3 furtherance or implementation of a capital program plan [approved pursu- 4 ant to section twelve hundred sixty-nine-b of this article] may also be 5 awarded by the authority by negotiation without competitive bidding 6 provided the following standards and procedures are complied with: 7 5. (a) Notwithstanding that funds of the authority may be used there- 8 for, a contract for all or a portion of work involving the alteration, 9 expansion or rehabilitation of a passenger station may be awarded by the 10 authority, by negotiation without competitive bidding, to a private 11 entity or the designee of a private entity where the authority by vote 12 of not less than eleven of its members approves written findings that 13 such award is expected to permit the alteration, expansion or rehabili- 14 tation to be carried out in the most efficient and cost effective 15 manner, that such private entity has agreed to pay at least one million 16 dollars toward the cost of the work, that such payment represents not 17 less than fifty percent of the total cost of the work, and that the 18 authority has complied with the procedures provided in paragraph (b) of 19 this subdivision. Notwithstanding the foregoing, a contract for all or a 20 portion of work involving the alteration, expansion or rehabilitation of 21 the passenger station located at the western terminus of the forty-sec- 22 ond street shuttle may be awarded by the authority, by negotiation with- 23 out competitive bidding, to a private entity or the designee of a 24 private entity where the authority by vote of not less than eleven of 25 its members approves written findings that such award is expected to 26 permit the alteration, expansion or rehabilitation to be carried out in 27 the most efficient and cost effective manner, and that the authority has 28 complied with the procedures provided in paragraph (b) of this subdivi- 29 sion. 30 (b) Not less than fifteen days prior to the consideration by the board 31 of the authority of a contract to be let pursuant to this subdivision, a 32 notice shall be published in at least one newspaper of general circu- 33 lation. Such notice shall identify the parties to the proposed contract 34 and summarize its terms and conditions. Such notice shall also invite 35 written public comment concerning the proposed contract, including, to 36 the extent appropriate, the submission of alternatives for the authori- 37 ty's consideration. Such information shall be considered by the board of 38 authority prior to the approval of any contract proposed to be awarded 39 pursuant to this subdivision. 40 [(c) Any contract entered into pursuant to this subdivision shall 41 comply with the requirements of subdivision thirteen of section twelve 42 hundred sixty-six-c of this article.] 43 11. The authority shall compile a list of potential sources of 44 supplies, materials or equipment regularly purchased. The authority 45 shall, by resolution, set forth the procedures it has established to 46 identify new sources and to notify such new sources of the opportunity 47 to bid for contracts for the purchase of supplies, materials or equip- 48 ment. Such procedures shall include, but not be limited to: (a) adver- 49 tising in trade journals; (b) cooperation with federal, state and local 50 agencies within its area of operations; and (c) publication in the state 51 register quarterly[; and (d) procedures established pursuant to subdivi- 52 sion thirteen of section twelve hundred sixty-six-c of this article]. 53 § 64. Subdivision 5 of section 1276-b of the public authorities law, 54 as added by section 17 of part H of chapter 25 of the laws of 2009, is 55 amended to read as follows:
A. 5828 32 1 5. Strategic operation plan. Financial information required to be 2 submitted by the authority [pursuant to paragraphs d and e of subdivi- 3 sion one of section twelve hundred sixty-nine-c of this title] shall be 4 presented in a format consistent with the budget and plan, in downloada- 5 ble, searchable format. 6 § 65. Section 553-d of the public authorities law, as amended by 7 section 6 of part O of chapter 61 of the laws of 2000, is amended to 8 read as follows: 9 § 553-d. Special Triborough bridge and tunnel authority special obli- 10 gation bonds and notes. In addition to the powers contained elsewhere in 11 this title with respect to the projects authorized by paragraphs (m), 12 (n), (o), (p) and (r) of subdivision nine of section five hundred 13 fifty-three of this title, and subject to the application of the reven- 14 ues and other monies and assets of the authority [pursuant to section 15 twelve hundred seventy-d of this chapter], the authority may issue its 16 bonds and notes to finance such projects payable from and secured by all 17 or any part of the moneys received by the authority from the metropol- 18 itan transportation authority special assistance fund established under 19 section twelve hundred seventy-a of this chapter, provided however that 20 such bonds and notes may also be payable from and secured by any other 21 moneys, securities and funds designated by the authority as additional 22 security therefor. Debt service on bonds and notes issued by the author- 23 ity pursuant to this section which is paid or reimbursed from moneys 24 received by the authority from the metropolitan transportation authority 25 special assistance fund shall not be deemed to constitute debt service 26 incurred by the authority for purposes of subdivision three of section 27 twelve hundred nineteen-a of this chapter. Such bonds or notes shall be 28 issued in the manner provided in section five hundred sixty-one of this 29 title. 30 § 66. This act shall take effect January 1, 2026, provided, however, 31 that the amendments to subdivision 12-a of section 1266 of the public 32 authorities law made by section eleven of this act shall not affect the 33 repeal of such subdivision and shall be deemed repealed therewith. 34 PART B 35 Section 1. Subdivisions 1 and 3 of section 1200 of the public authori- 36 ties law, as added by chapter 200 of the laws of 1953 and such section 37 as renumbered by chapter 914 of the laws of 1957, are amended and two 38 new subdivisions 4-a and 19 are added to read as follows: 39 1. "Authority." The corporation created by section [eighteen] twelve 40 hundred one of this title. 41 3. "Board of estimate." The former board of estimate of the city. 42 4-a. "City council." The city council of New York. 43 19. "Big apple transit authority." The corporation created by section 44 thirteen hundred forty-nine-c of this article. 45 § 2. Subdivisions 1, 2, 5 and 6 of section 1201 of the public authori- 46 ties law, subdivisions 1 and 5 as amended by chapter 929 of the laws of 47 1986, subdivision 2 as amended by chapter 506 of the laws of 2009, and 48 subdivision 6 as amended by section 11 of part O of chapter 61 of the 49 laws of 2000, are amended to read as follows: 50 1. A board, to be known as "New York City Transit Authority" is hereby 51 created. Such board shall be a body corporate and politic constituting a 52 public benefit corporation. It shall consist of seventeen members, all 53 serving ex officio. Those members shall be the persons who from time to
A. 5828 33 1 time shall hold the offices of [chairman] chair and members of [metro- 2 politan transportation] the big apple transit authority. 3 2. The [chairman] chair of such board shall be the [chairman] chair of 4 [metropolitan transportation] the big apple transit authority, serving 5 ex officio, and, provided that there is an executive director of the 6 [metropolitan transportation] big apple transit authority, the executive 7 director of the authority shall be the executive director of the [metro- 8 politan transportation] big apple transit authority, serving ex officio. 9 Notwithstanding any provision of law to the contrary, the [chairman] 10 chair shall be the chief executive officer of the authority and shall be 11 responsible for the discharge of the executive and administrative func- 12 tions and powers of the authority. The [chairman] chair and executive 13 director, if any, each shall be empowered to delegate [his or her] their 14 respective functions and powers to one or more officers or employees 15 designated by [him or her] such chair or director. 16 5. A majority of the whole number of members of the authority then in 17 office shall constitute a quorum for the transaction of any business or 18 the exercise of any power of the authority. Except as otherwise speci- 19 fied in this title, for the transaction of any business or the exercise 20 of any power of the authority, the authority shall have the power to act 21 by a majority vote of the members present at any meeting at which a 22 quorum is in attendance. In the event of a tie vote the [chairman] chair 23 shall cast one additional vote. For the purposes of the voting and 24 quorum requirements of this subdivision, the voting and quorum require- 25 ments set forth in subdivision three of section [twelve hundred sixty- 26 three] thirteen hundred forty-nine-c of this article and in any by-law 27 of the [metropolitan transportation] big apple transit authority adopted 28 pursuant to the provisions of such subdivision shall be applicable here- 29 to. 30 6. The authority and its corporate existence shall continue until 31 terminated by law, provided however, that no such law shall take effect 32 so long as the authority [or any of its subsidiaries], the big apple 33 transit authority, the metropolitan transportation authority [or], the 34 Triborough bridge and tunnel authority, or any of their respective 35 subsidiaries, shall have outstanding any notes or bonds or lease, 36 sublease or other contractual obligations issued or incurred pursuant to 37 section twelve hundred seven-m of this title or issued or incurred in 38 connection with the transfer of its interest in and the lease from the 39 transferee of any property furnished to it pursuant to chapter twelve of 40 the laws of nineteen hundred seventy-nine or section fifteen of chapter 41 three hundred fourteen of the laws of nineteen hundred eighty-one, or 42 section [twelve hundred sixty-six-c] thirteen hundred forty-nine-j or 43 [twelve hundred seventy-d] thirteen hundred forty-nine-dd of this arti- 44 cle, unless adequate provision has been made for the payment or satis- 45 faction of such outstanding notes, bonds, lease, sublease or other 46 contractual obligations. 47 § 3. Section 1202 of the public authorities law, as added by chapter 48 200 of the laws of 1953, subdivision 1 as amended by section 12 of part 49 O of chapter 61 of the laws of 2000 and such section as renumbered by 50 chapter 914 of the laws of 1957, is amended to read as follows: 51 § 1202. Purposes of the authority. 1. The purposes of the authority 52 shall be the acquisition of the transit facilities operated by the board 53 of transportation of the city, the operation of transit facilities in 54 accordance with the provisions of this title for the convenience and 55 safety of the public on a basis which will enable the operations there- 56 of, exclusive of capital costs, to be self-sustaining, and, in coordi-
A. 5828 34 1 nation with the [metropolitan transportation] big apple transit authori- 2 ty and the Triborough bridge and tunnel authority, the continuance, 3 further development and improvement of commuter transportation and other 4 services related thereto within the [metropolitan commuter transporta- 5 tion district] city of New York and the development and implementation 6 of a unified mass transportation policy for such [district] city. 7 2. It is hereby found and declared that such purposes are in all 8 respects for the benefit of the people of the [state] city of New York 9 and the authority shall be regarded as performing a governmental func- 10 tion in carrying out its corporate purpose and in exercising the powers 11 granted by this title. 12 § 4. Subparagraph (ii) of paragraph b of subdivision 1 of section 1203 13 of the public authorities law, as amended by chapter 717 of the laws of 14 1967, is amended to read as follows: 15 (ii) From and after March first, nineteen hundred sixty-eight, the 16 authority shall also have the right to incur capital costs of such 17 nature in its own name to the extent that capital funds are available to 18 it for expenditures of such nature pursuant to the provisions of section 19 twelve hundred nineteen-a of this [chapter] title or of any other 20 provision of law, which capital costs shall not be payable by the city; 21 provided, however, that no project to be financed by the use of such 22 capital funds which is estimated by the authority to involve an expendi- 23 ture in excess of one million dollars shall be commenced unless the 24 mayor and the [board of estimate] city council shall each have been 25 notified in writing by the authority of the intent of the authority to 26 undertake such project and of the nature thereof. No such project shall 27 be commenced if and to the extent that either the mayor or a majority in 28 voting power of the members of the [board of estimate] city council 29 shall find that it is incompatible with sound planning for the develop- 30 ment or redevelopment of the city, provided such finding, together with 31 the reasons therefor, is set forth in a writing delivered to the author- 32 ity within thirty days of the receipt by the mayor or the [board of 33 estimate] city council, as the case may be, of the notification of the 34 authority relating to such project. If any such project is not so disap- 35 proved, it may nevertheless not be commenced unless and until the city 36 shall have been given an opportunity to include the same in the capital 37 budget of the city for the first fiscal year of the city commencing not 38 less than six months after receipt of such notification. If and to the 39 extent that such project is included in such capital budget, the author- 40 ity may not thereafter incur capital costs for the same in its own name. 41 If or to the extent such project is not included in such capital budget, 42 the authority may incur capital costs for the same in its own name. The 43 operation of sections twenty, twenty-one and twenty-two of the rapid 44 transit law shall be suspended with respect to any project financed with 45 the capital funds referred to in this subparagraph. 46 § 5. Paragraph (f) of subdivision 3, paragraph (c) of subdivision 5 47 and subdivision 8 of section 1203-a of the public authorities law, para- 48 graph (f) of subdivision 3 as amended by chapter 791 of the laws of 1962 49 and paragraph (c) of subdivision 5 as amended and subdivision 8 as added 50 by chapter 717 of the laws of 1967, are amended to read as follows: 51 (f) to operate omnibus lines on those routes in the city of New York 52 where on February twenty-eighth, nineteen hundred sixty-two, omnibus 53 lines were operated under franchises or temporary certificates of 54 convenience and necessity which have been revoked, terminated, rescinded 55 or condemned, or acquired by any other means, and to extend such routes 56 so as to provide the complete service operated on February twenty-
A. 5828 35 1 eighth, nineteen hundred sixty-two; and such operation, together with 2 the necessary extensions, shall be deemed to constitute operation over 3 approved routes with the same force and effect as if the said routes had 4 been duly approved by the [board of estimate] city council of the city, 5 as provided by law; and to operate on such other routes as the [board] 6 council may authorize by resolution adopted only after a public hearing 7 held after notice thereof, and of the proposed route, and the proposed 8 resolutions authorizing the same, have been published in full for at 9 least fifteen days, except Sundays and legal holidays, immediately prior 10 thereto in the City Record, and at least twice in two newspapers 11 published in the borough or boroughs affected, to be designated by the 12 board. 13 (c) capital costs not now charged by the transit authority as operat- 14 ing expenses shall be paid by the city; provided, however, that from and 15 after March first, nineteen hundred sixty-eight, the subsidiary corpo- 16 ration shall also have the right to incur capital costs in its own name 17 to the extent that capital funds are available to it pursuant to the 18 provisions of sections twelve hundred nineteen-a and twelve hundred 19 three-b of this [chapter] title or of any other law, which capital costs 20 shall not be payable by the city; and provided, further, that no project 21 to be financed by the use of such capital funds which is estimated by 22 the subsidiary corporation to involve an expenditure in excess of one 23 million dollars shall be commenced unless the mayor and the [board of 24 estimate] city council shall each have been notified in writing by the 25 subsidiary corporation of the intent of the subsidiary corporation to 26 undertake such project and of the nature thereof. No such project shall 27 be commenced if and to the extent that either the mayor or a majority in 28 voting power of the members of the [board of estimate] city council 29 shall find that it is incompatible with sound planning for the develop- 30 ment or redevelopment of the city, provided such finding, together with 31 the reasons therefor, is set forth in a writing delivered to the subsid- 32 iary corporation within thirty days of the receipt by the mayor or the 33 [board of estimate] city council, as the case may be, of the notifica- 34 tion of the subsidiary corporation relating to such project. Where the 35 city is required to pay the capital costs of the subsidiary corporation 36 pursuant to such agreement, serial bonds or capital notes may be issued 37 by the city, pursuant to the local finance law, to finance any such 38 costs. The subsidiary corporation shall submit timely requests for the 39 necessary capital funds to the city planning commission and the mayor of 40 the city; 41 8. From and after March first, nineteen hundred sixty-eight, no 42 substantial or general change in the levels of service furnished upon 43 the facilities of the subsidiary corporation shall be instituted except 44 upon not less than thirty days' written notice to the mayor and to the 45 [board of estimate] city council. 46 § 6. Section 1203-b of the public authorities law, as amended by 47 section 13 of part O of chapter 61 of the laws of 2000, is amended to 48 read as follows: 49 § 1203-b. Transfer of funds. The authority and its subsidiary corpo- 50 ration, the Manhattan and Bronx surface transit operating authority, may 51 each transfer to the other from time to time such available funds as 52 they may jointly determine to be necessary or desirable, including funds 53 accepted by the authority pursuant to the provisions of section twelve 54 hundred nineteen-a of this title. Subject to the rights of the holders 55 of any outstanding bonds, notes or other obligations of the authority, 56 the big apple transit authority, the metropolitan transportation author-
A. 5828 36 1 ity and the Triborough bridge and tunnel authority, and to facilitate 2 the efficient financial management of the authority, [its subsidiary 3 corporations] the big apple transit authority, the metropolitan trans- 4 portation authority and its subsidiary corporations, and the Triborough 5 bridge and tunnel authority (the "affiliated entities"), the authority 6 may, and shall at the direction of [metropolitan transportation] the big 7 apple transit authority, transfer revenues, subsidies and other monies 8 or securities to one or more funds or accounts of another affiliated 9 entity for use by such other affiliated entity, provided at the time of 10 such transfer it is reasonably anticipated that the monies and securi- 11 ties so transferred will be reimbursed, repaid or otherwise provided for 12 by the end of the next succeeding calendar year if reimbursement or 13 repayment is required by law or by any agreement to which any of the 14 affected affiliated entities is subject. Any revenues of an affiliated 15 entity that are transferred to another affiliated entity, which transfer 16 was not authorized by a provision of law other than this section, shall 17 be considered to be required to be repaid to the affiliated entity which 18 was the source of such revenues by the end of the next succeeding calen- 19 dar year following such transfer. 20 § 7. Subdivisions 11, 15 and 19 of section 1204 of the public authori- 21 ties law, subdivision 11 as amended by section 14 of part O of chapter 22 61 of the laws of 2000, subdivision 15 as amended by chapter 980 of the 23 laws of 1958 and subdivision 19 as added by section 15 of part O of 24 chapter 61 of the laws of 2000, are amended to read as follows: 25 11. To make or enter into contracts, agreements, deeds, leases, 26 conveyances or other instruments necessary or convenient, and to assist 27 and cooperate with the [metropolitan transportation] big apple transit 28 authority to carry out the powers of the [metropolitan transportation] 29 big apple transit authority in furtherance of the purposes and powers of 30 the authority as provided in this article, including, without limita- 31 tion, the transactions described in sections [twelve hundred 32 sixty-six-c] thirteen hundred forty-nine-j, [twelve hundred sixty-nine] 33 thirteen hundred forty-nine-u and [twelve hundred seventy-d] thirteen 34 hundred forty-nine-dd of this article. This power shall include the 35 power to make contracts with other persons operating transit facilities 36 for combined fares for the use of such facilities and the transit facil- 37 ities operated by the authority and for the division of such fares, and 38 the power to make contracts for the transportation of the United States 39 mail or personal property. 40 15. To exercise all requisite and necessary authority to manage, 41 control and direct the maintenance and operation of transit facilities 42 transferred to it for the convenience and safety of the public with 43 power, in its discretion, to extend, modify, discontinue, curtail, or 44 change routes or methods of transportation where the convenience and 45 safety of the public would be served thereby or where existing routes or 46 methods are inefficient or uneconomical; provided, however, that (except 47 in cases of emergencies) at least thirty days prior to any proposed 48 modification, discontinuance, curtailment or change of any transit route 49 or method of transportation, the authority shall give notice of its 50 intention to the [board of estimate] city council and shall, upon 51 request of such [board] council within such period, conduct a public 52 hearing thereon. 53 19. To invest any funds, accounts or other monies not required for 54 immediate use or disbursement, at the discretion of the authority, in 55 any of the investments in which the [metropolitan transportation] big 56 apple transit authority is permitted to invest its monies pursuant to
A. 5828 37 1 subdivision four of section [twelve hundred sixty-five] thirteen hundred 2 forty-nine-e of this article. 3 § 8. Subdivision 4 of section 1205 of the public authorities law, as 4 added by chapter 717 of the laws of 1967, is amended to read as follows: 5 4. From and after March first, nineteen hundred sixty-eight, no 6 substantial or general change in the levels of service furnished upon 7 the rapid transit facilities or the omnibus line facilities of the 8 authority shall be instituted except upon not less than thirty days' 9 written notice to the mayor and to the [board of estimate] city council. 10 § 9. Section 1206-a of the public authorities law, as added by chapter 11 576 of the laws of 1972, is amended to read as follows: 12 § 1206-a. Transit construction fund. In addition to the powers 13 provided elsewhere in this title, and to effectuate the purposes of the 14 transit construction fund act, constituting title [nine-a] nine-A of 15 this article [five of this chapter], the authority or any subsidiary 16 may: (a) acquire and use any transit facility in accordance with the 17 terms and conditions of any sublease or other agreement with the transit 18 construction fund; (b) authorize the use by the transit construction 19 fund, either with or without compensation to the authority, of the 20 agents, employees and facilities of the authority; (c) make and execute 21 contracts, leases, subleases and all other instruments or agreements 22 deemed necessary or convenient including agreements with the [metropol- 23 itan transportation] big apple transit authority and the transit 24 construction fund; and (d) do any and all other things deemed necessary 25 or convenient. 26 § 10. Subdivision 1-a of section 1207-b of the public authorities law, 27 as amended by section 16 of part O of chapter 61 of the laws of 2000, is 28 amended to read as follows: 29 1-a. The authority may also issue its bonds, notes or other obli- 30 gations in such principal amounts as shall be necessary to finance the 31 construction, purchase, lease or acquisition of, or an equity interest 32 in, an office building located or to be constructed in the borough of 33 Brooklyn in the city, provided that (i) all or a portion of such build- 34 ing is intended to be occupied by the authority and that the board 35 shall, by resolution, have made findings that the sum of the capitalized 36 value of all payments due from the authority under such bonds, notes or 37 other obligations (not including any amounts attributable to principal 38 repayment) together with any rent payments for the space in such build- 39 ing to be occupied by the authority and of all payments required of the 40 authority under any related agreement does not exceed the capitalized 41 value of those payments which would be made in a conventional commercial 42 lease transaction for comparable space with an unrelated party and (ii) 43 not more than an insubstantial portion of any real property so financed 44 with the proceeds of bonds, notes, or other obligations is utilized by 45 other than the New York city transit authority or its designated subsid- 46 iary. The term "capitalized value" for the purposes of this subdivision 47 shall be computed in the manner set forth in subdivision four of section 48 twelve hundred seven-m of this title. The [metropolitan transportation] 49 big apple transit authority is hereby additionally authorized from time 50 to time to issue bonds for the purposes of refunding, redeeming or 51 otherwise paying, including paying by purchase or tender, bonds issued 52 by the authority for such purposes and to secure such bonds in the 53 manner set forth in section [twelve hundred sixty-nine] thirteen hundred 54 forty-nine-u of this article.
A. 5828 38 1 § 11. Section 1207-i of the public authorities law, as amended by 2 section 17 of part O of chapter 61 of the laws of 2000, is amended to 3 read as follows: 4 § 1207-i. Rates of fare while bonds, notes and other obligations are 5 outstanding. Notwithstanding the provisions of section twelve hundred 6 five of this title or the provisions of any other law to the contrary, 7 so long as the authority shall have outstanding and unpaid bonds, notes 8 or other obligations issued pursuant to section twelve hundred seven-b 9 of this title, or the big apple transit authority, or the metropolitan 10 transportation authority or the Triborough bridge and tunnel authority 11 shall have outstanding and unpaid bonds, notes or other obligations 12 secured by or payable from, in whole or in part, the revenues, assets or 13 other monies of the authority or its subsidiary corporations, the 14 authority shall have the power at all times to fix or adjust the rate or 15 rates of fare to be charged for the use of any transit facility operated 16 by the authority as may, in the judgment of the board, be necessary to 17 produce sufficient revenues to pay, as the same shall become due, the 18 principal of and interest on such bonds, notes and other obligations of 19 the authority, the big apple transit authority, the metropolitan trans- 20 portation authority and the Triborough bridge and tunnel authority, 21 together with the maintenance of proper reserves therefor, in addition 22 to paying as the same shall become due the expenses of operation of the 23 authority. The authority, the big apple transit authority, the metropol- 24 itan transportation authority and the Triborough bridge and tunnel 25 authority, shall be authorized to contract with the holders of such 26 bonds notes and other obligations with respect to the exercise of the 27 power authorized by this section. In furtherance of the mandate of the 28 [metropolitan transportation] big apple transit authority to develop and 29 implement a unified mass transportation policy for the [metropolitan 30 commuter transportation district] city of New York and the exercise of 31 its powers, including the power to issue notes, bonds and other obli- 32 gations secured in whole or in part by the revenues of the authority and 33 its subsidiaries, the big apple transit authority and its subsidiaries, 34 the metropolitan transportation authority and its subsidiaries, and the 35 Triborough bridge and tunnel authority, the authority shall join with 36 the [metropolitan transportation] big apple transit authority in 37 connection with the establishment, levy and collection of fares, tolls, 38 rentals, rates, charges and other fees for the transportation of passen- 39 gers on any transit facilities operated by authority and its subsid- 40 iaries, including any changes thereto. 41 § 12. Subdivision 2 of section 1207-j of the public authorities law, 42 as added by chapter 655 of the laws of 1962, is amended to read as 43 follows: 44 2. The city, by resolution of the [board of estimate] city council or 45 by instruments authorized by such resolution, and the authority shall be 46 authorized to enter into an agreement for the renewal and extension of 47 the existing agreement of lease between the city and the authority for 48 such term of years as shall be agreed upon and in any such renewal and 49 extension agreement the authority may agree to such limitations upon the 50 exercise of the powers conferred upon it by sections twelve hundred 51 seven-a through twelve hundred seven-i, inclusive, as the authority in 52 its discretion shall approve. 53 § 13. Section 1207-m of the public authorities law, as added by chap- 54 ter 314 of the laws of 1981, subdivisions 2 and 8 as amended by chapter 55 988 of the laws of 1984, subparagraph (i) of paragraph (a) of subdivi- 56 sion 4 as amended by chapter 602 of the laws of 1984, paragraph (b) of
A. 5828 39 1 subdivision 7 as amended by chapter 558 of the laws of 1981, subdivision 2 11 as amended by section 18 of part O of chapter 61 of the laws of 2000 3 and subdivision 12 as added by chapter 929 of the laws of 1986, is 4 amended to read as follows: 5 § 1207-m. Transit projects. 1. The term "transit project" as used in 6 this section shall have the meaning given to such term from time to time 7 in section [twelve hundred sixty-six-c] thirteen hundred forty-nine-j of 8 this article. The provisions of this section shall be controlling and 9 the authority and its subsidiaries shall have the powers provided in 10 this section notwithstanding any contrary provision of this title or of 11 local law or of any lease or other agreement with the city. 12 2. (a) The authority is hereby authorized to request the [metropolitan 13 transportation] big apple transit authority to undertake any transit 14 project and the authority and its designated subsidiaries are each here- 15 by authorized (i) to enter into agreements with the [metropolitan trans- 16 portation] big apple transit authority concerning transit projects; (ii) 17 to acquire in its own name by gift, purchase or condemnation any real or 18 personal property (or any interest therein) which is needed or useful 19 for or in connection with such project, and to surrender the use, occu- 20 pancy, control or possession of or to transfer the same, or any other 21 such real or personal property (or any interest therein) which it owns, 22 leases, operates or controls, to the [metropolitan transportation] big 23 apple transit authority or its designee; (iii) to accept a transfer, 24 transfer back, lease or sublease of any such project or part thereof 25 upon its completion; and (iv) to make its agents, employees and facili- 26 ties available to the [metropolitan transportation] big apple transit 27 authority in connection therewith. 28 (b) The authority and its subsidiary corporation is each hereby 29 authorized to sell or transfer, without regard as to how or from whom 30 acquired, all or part of its interest in any equipment which is deemed 31 to be a mass commuting vehicle under the United States internal revenue 32 code or the regulations thereunder, including, without limitation, any 33 of the same obtained as transit projects or obtained from or financed 34 with money received from the Triborough bridge and tunnel authority, for 35 such consideration and on such terms or conditions as it may deem appro- 36 priate, and to obtain a lease from the transferee on such terms and 37 conditions and for such period as it may deem appropriate pursuant to 38 which it may operate, use, control or possess such mass commuting vehi- 39 cle in furtherance of the statutory purposes of the authority and its 40 subsidiaries, provided (i) such lease contains an option to the authori- 41 ty or its subsidiary corporation to repurchase its interest at the expi- 42 ration of the scheduled lease term for nominal consideration, and (ii) 43 the aggregate of the regularly scheduled rental payments which the 44 authority or its subsidiary corporation is obligated to make pursuant to 45 such lease during each twelve month period of the lease term shall not 46 exceed the aggregate amount receivable, whether by principal or inter- 47 est, by the authority or its subsidiary corporation from its transferee 48 during each such twelve month period. Without limitation of the forego- 49 ing, any lease entered into pursuant hereto may also contain provisions 50 requiring the authority or its subsidiary corporation to indemnify the 51 transferee for any loss resulting from the loss or destruction of any 52 mass commuting vehicle which is the subject of such lease, or any loss 53 arising out of any misrepresentation, act, or omission of the authority 54 or its subsidiary in connection with such lease, and requiring the 55 authority or its subsidiary corporation to undertake to replace, repair 56 or restore any such mass commuting vehicle, but such obligations shall
A. 5828 40 1 not be deemed regularly scheduled rental payments for purposes of the 2 preceding sentence. Rental payments and other payments or costs incurred 3 by the authority or its subsidiary corporation in discharge of its obli- 4 gations under any lease entered into as hereinabove provided shall not 5 be deemed capital costs for the purposes of section twelve hundred three 6 or twelve hundred three-a of this title, and the considerations received 7 by the authority or its subsidiary corporation in connection with any 8 transactions entered into pursuant to the authorization of this para- 9 graph may be expended free of any restriction set forth in subparagraph 10 (ii) of paragraph (b) of subdivision one of section twelve hundred three 11 or in paragraph (c) of subdivision five of section twelve hundred 12 three-a of this title. 13 (c) Neither the authority nor its subsidiary shall enter into any 14 transaction authorized by paragraph (b) of this subdivision unless the 15 following standards and procedures have been met: 16 (i) notice of intention to negotiate shall be published in at least 17 one newspaper of general circulation, and a copy thereof shall be mailed 18 to all parties who have requested notification from the authority or its 19 subsidiary to engage in transactions of this type. Such notice shall 20 describe the nature of the proposed transaction and the factors subject 21 to negotiation, which shall include, but not be limited to, the price to 22 be paid to the authority or its subsidiary; 23 (ii) the authority or its subsidiary shall negotiate with those 24 respondents whose response complies with the requirements set forth in 25 the notice; 26 (iii) the board of the authority or its subsidiary shall resolve on 27 the basis of particularized findings relevant to the factors negotiated 28 that such transaction will provide maximum available financial benefits, 29 consistent with other defined objectives and requirements. 30 (d) The authority and its subsidiary shall provide to the [governor, 31 the temporary president of the senate, the speaker of the assembly, the 32 minority leader of the senate and the minority leader of the assembly,] 33 mayor and speaker of the city council notice of each lease entered into 34 pursuant to paragraph (b) of this subdivision and supporting documenta- 35 tion of compliance by the authority and its subsidiary with subpara- 36 graphs (i), (ii) and (iii) of paragraph (c) of this subdivision. 37 (e) Paragraphs (c) and (d) of this subdivision shall be of no force 38 and effect with respect to any lease transaction entered into pursuant 39 to a commitment approved prior to January first, nineteen hundred eight- 40 y-five by the board of the authority or its subsidiary or the board of 41 the metropolitan transportation authority. 42 3. The authority and its designated subsidiaries are hereby author- 43 ized, in connection with any transit project, to pay or agree to pay, in 44 a manner and on terms and conditions satisfactory to the [metropolitan 45 transportation] big apple transit authority, any portion of the costs to 46 the [metropolitan transportation] big apple transit authority of such 47 transit project and the financing thereof which is not paid to the 48 [metropolitan transportation] big apple transit authority from any 49 federal, state or local aid or assistance or from any other moneys made 50 available or payable to the [metropolitan transportation] big apple 51 transit authority by others for such project. 52 4. (a) Such agreements with the [metropolitan transportation] big 53 apple transit authority may, without limitation, contain provisions 54 obligating the authority or its designated subsidiary to: 55 (i) issue its notes or bonds, or execute and deliver its lease, 56 sublease and other such contractual obligations, in payment for a trans-
A. 5828 41 1 fer, lease or sublease of a transit project to any of them, provided, 2 however, that in no event shall the aggregate principal amount of all 3 notes and bonds together with the capitalized value of all lease, 4 sublease and other such contractual obligations, exceed the sum of one 5 billion six hundred million dollars, excluding from such limitation (A) 6 the principal amount of any bonds or notes of the authority to the 7 extent the amount thereof is paid, is payable or has been agreed to be 8 paid by the federal government or any agency or instrumentality thereof 9 to the authority or to the holders of such bonds or notes, (B) the prin- 10 cipal amount of any bonds or notes of the authority issued to refund or 11 otherwise repay other obligations issued for such transit projects, (C) 12 the principal amount of any bonds or notes and the capitalized value of 13 any lease, sublease or other such contractual obligation, to the extent 14 such obligations are paid or agreed to be paid, subject to annual appro- 15 priation, under service contracts issued by the state to the metropol- 16 itan transportation authority for the benefit of the authority or its 17 subsidiaries pursuant to the provisions of section sixteen of the trans- 18 portation systems assistance and financing act of 1981, or under any 19 similar contract of the metropolitan transportation authority or the 20 authority with any other governmental entity for the benefit of the 21 authority or its subsidiaries, (D) the principal amount of any bonds or 22 notes of the authority issued to the metropolitan transportation author- 23 ity or to the big apple transit authority in connection with the funding 24 of any debt service reserve fund required by any resolution of the 25 metropolitan transportation authority or of the big apple transit 26 authority pursuant to which special obligation bonds of that authority 27 to fund a transit project were issued, and (E) a principal amount of any 28 bonds or notes of the authority equal to the amount of any original 29 issue discount from the principal amount of the special obligation bonds 30 or notes issued by the metropolitan transportation authority or by the 31 big apple transit authority in connection with the financing of a trans- 32 it project by that authority; 33 (ii) give security for the payment of such notes, bonds, lease, 34 sublease or other contractual obligations, including a pledge of all or 35 any part of its revenues or other moneys, which pledge may contain 36 covenants with respect to the charging and fixing of fares, fees and 37 rentals, the use and disposition of such fares, fees, rentals and other 38 charges, and the setting aside of reserves therefrom. 39 (b) Such agreements, and any notes, bonds, lease, sublease or other 40 contractual obligations issued or entered into by the authority or its 41 designated subsidiary pursuant thereto, may, without limitation, also 42 contain provisions as to: 43 (i) limitations with respect to the use and disposition of transit 44 projects and with respect to any other transit facilities; 45 (ii) limitations on the issuance of additional bonds, notes, lease, 46 sublease or other contractual obligations, the terms upon which they may 47 be secured and the funding or refunding thereof; 48 (iii) with respect to bonds or notes, vesting in a trustee or trustees 49 such property rights, powers and duties in trust as it may determine, 50 which rights, powers and duties may include, but shall not be limited 51 to, those set forth in section twelve hundred seven-h of this title; 52 (iv) defining the acts or omissions to act which shall constitute a 53 default and providing rights and remedies in the event of default; 54 (v) any other matters, of like or different character, which in any 55 way affect the security or protection of the [metropolitan transporta- 56 tion] big apple transit authority or any lessor; and
A. 5828 42 1 (vi) consenting to the extending or assignment by the [metropolitan 2 transportation] big apple transit authority or by any lessor to the 3 holders of any of its bonds, notes or lease obligations of all of the 4 benefits and rights of the [metropolitan transportation] big apple tran- 5 sit authority or of such lessor provided by any such agreement or other 6 instrument. 7 (c) The term "revenues" as used in this subdivision shall include all 8 those moneys referred to in section twelve hundred of this [article] 9 title, as well as all operating subsidies provided by any public benefit 10 corporation or by any governmental entity, federal, state or local. 11 (d) The term "capitalized value" as used in this subdivision shall 12 mean the present value of all future payments required under a lease, 13 sublease and other such contractual obligation discounted at a rate of 14 interest determined on the basis of the net interest cost of the last 15 [metropolitan transportation] big apple transit authority's special 16 obligation bonds issued prior to the execution of any such lease, 17 sublease or other contractual obligation or, if no such bonds have been 18 issued, on the basis of the net interest cost of the last bonds issued 19 by the Triborough bridge and tunnel authority, issued in payment for the 20 transfer, lease or sublease of any such transit projects. 21 5. It is the intention hereof that, subject to such agreements with 22 bondholders or noteholders as may then exist, any pledge of revenues or 23 other moneys made by the authority or its subsidiaries shall be valid 24 and binding from the time when the pledge is made; that the revenues or 25 other moneys so pledged and thereafter received by the authority or its 26 subsidiaries shall immediately be subject to the lien of such pledge 27 without any physical delivery thereof or further act, and that the lien 28 of any such pledge shall be valid and binding as against all parties 29 having claims of any kind in tort, contract or otherwise against the 30 authority or its subsidiaries irrespective of whether such parties have 31 notice thereof. Neither the agreement nor any other instrument by which 32 a pledge is created need be recorded. 33 6. So long as the authority or any of its subsidiaries shall have any 34 outstanding and unpaid obligation in connection with a transit project, 35 the authority and such subsidiaries shall have the power at all times to 36 fix or adjust the rate or rates of fares, fees, rentals or other charges 37 to be charged for the use of their transit facilities as may, together 38 with all other lawfully available moneys, be necessary in their judgment 39 to produce sufficient revenues to pay such obligations as the same 40 become due, in addition to paying as the same shall become due expenses 41 of operation of the transit facilities and satisfying all other obli- 42 gations of the authority and such subsidiaries. No acts or activities 43 taken or proposed to be taken by the authority pursuant to this subdivi- 44 sion shall be deemed to be "actions" for the purposes or within the 45 meaning of article eight of the environmental conservation law. 46 7. (a) In connection with (i) the lease between the city and the 47 authority dated June first, nineteen hundred fifty-three, and (ii) the 48 lease between the city and the Manhattan and Bronx surface transit oper- 49 ating authority dated March twentieth, nineteen hundred sixty-two (such 50 leases, as heretofore supplemented, amended or renewed, and the tenan- 51 cies originally created thereby, being referred to in this section as 52 "the existing leases"), the city, acting either by the mayor alone or by 53 resolution of the [board of estimate] city council, or by instruments 54 authorized by such resolution, and the authority are authorized to enter 55 into agreements for renewal or extension of the existing leases, or for 56 new leases, for such terms of years and upon such other terms and condi-
A. 5828 43 1 tions as the parties thereto shall agree and the [metropolitan transpor- 2 tation] big apple transit authority shall approve, provided that under 3 the terms thereof, the rights, privileges and obligations of the parties 4 are not inconsistent with the provisions of, or in derogation of the 5 powers of the authority all as provided in this title [nine of article 6 five of this chapter], and provided further that such agreements shall 7 in no way impair the rights or powers of the authority or the Manhattan 8 and Bronx surface transit operating authority to fulfill the terms of 9 any contract made by either of them with the holders of any of their 10 then outstanding bonds or notes, and such agreements shall provide that 11 such leases may not be terminated or permitted to expire or be amended 12 in any way inconsistent with the provisions of any agreement, bond, 13 note, lease, sublease or other contractual obligation given or made by 14 either of them in connection with a transit project. Neither the 15 provisions of section one hundred ninety-seven-c of the New York city 16 charter, relating to a uniform land use review procedure, nor the 17 provisions of any other local law of like or similar import shall apply 18 to the renewal or extension of the existing leases or to the making of 19 new leases as herein provided. 20 (b) Notwithstanding the provisions of any other law, general, special 21 or local, or the provisions of the existing leases, if either of the 22 agreements authorized by paragraph (a) [above] of this subdivision is 23 not entered into, but a note, bond, lease, sublease or other contractual 24 obligation for a transit project has been issued or entered into, then 25 (i) no party to an existing lease may terminate the same, serve any 26 notice of termination pursuant thereto, exercise any option to terminate 27 reserved therein or permit the expiration thereof, (ii) the city shall 28 not in any way limit or disturb any right of the tenant to use, occupy, 29 control and possess any of the properties, facilities or revenues which 30 are the subject of such existing lease, and (iii) the city shall not 31 seek to enforce such existing lease in any way inconsistent with or 32 contrary to the manner in which such existing lease had been adminis- 33 tered prior to the enactment of this section or inconsistent with or 34 contrary to the interests of the [metropolitan transportation] big apple 35 transit authority or any lessor under any agreement, notes, bonds, 36 lease, sublease or other contractual obligations of the authority or any 37 of its subsidiaries issued or entered into in connection with a transit 38 project (and to the extent the provisions of such leases conflict at any 39 time or in any manner with the provisions of any such note, bond, lease, 40 sublease or other contractual obligation, the provisions of such note, 41 bond, lease, sublease or other contractual obligation shall be control- 42 ling and conflicting provisions of the leases with the city shall be 43 disregarded), unless prior thereto the city has satisfied all of such 44 outstanding notes, bonds or other contractual obligations and provided 45 for the termination of all such agreements, leases and subleases, all in 46 accordance with their terms. If and to the extent moneys are paid by 47 the city to the authority or its subsidiaries to satisfy their obli- 48 gations to the [metropolitan transportation] big apple transit authority 49 under such instruments, the authority and such subsidiaries shall remit 50 such moneys to the [metropolitan transportation] big apple transit 51 authority, which shall, in turn, apply the same to the satisfaction and 52 termination of its own notes, bonds and leases issued or entered into in 53 connection with a transit project in accordance with their terms. 54 (c) Upon termination or expiration of a new lease or of a renewed or 55 extended existing lease as permitted in paragraph (a) of this subdivi- 56 sion, or upon satisfaction of the requirements of paragraph (b) of this
A. 5828 44 1 subdivision, title to any real or personal property (or any interest 2 therein) constituting all or any part of a transit project then vested 3 in the authority or any of its subsidiaries or the [metropolitan trans- 4 portation] big apple transit authority pursuant to the provisions of 5 this chapter shall be transferred without further consideration or 6 payment to the city. 7 8. The state of New York does hereby pledge to and agree with the 8 authority and its subsidiaries, the big apple transit authority and its 9 subsidiaries, and the metropolitan transportation authority and the 10 holders of bonds or notes or lease, sublease or other contractual obli- 11 gations issued by any of them in connection with a transit project or in 12 connection with the transfer of the interest of any of them in and the 13 lease from the transferee of any property furnished to it pursuant to 14 chapter twelve of the laws of nineteen hundred seventy-nine or section 15 fifteen of chapter three hundred fourteen of the laws of nineteen 16 hundred eighty-one, or in connection with any transaction entered into 17 pursuant to the authorization of paragraph (b) of subdivision two of 18 this section, that the state will not limit or alter the denial of 19 authority under subdivision eleven of this section, or the rights and 20 powers vested in the authority and its subsidiaries by this title to 21 fulfill the terms of any agreement made by any of them with the big 22 apple transit authority or the metropolitan transportation authority or 23 with such holders, or in any way impair their rights and remedies until 24 such agreements, bonds, notes, and obligations, together with the inter- 25 est thereon and all costs and expenses in connection with any action or 26 proceedings by or on behalf of the big apple transit authority or the 27 metropolitan transportation authority or such holders, are fully met and 28 discharged. The authority and its subsidiaries are each authorized to 29 include this pledge and the agreement of the state in any agreement with 30 the holders of such bonds or notes or lease, sublease or other obli- 31 gations and in any agreement with the big apple transit authority or the 32 metropolitan transportation authority relating to a transit project 33 which may extend the same to the holders of its bonds, notes and lease 34 obligations. 35 9. The provisions of this section and of all agreements undertaken by 36 the authority or any of its subsidiaries in accordance therewith shall 37 in all respects be subject to the rights of the holders of any outstand- 38 ing bonds or notes of the authority and its subsidiaries. 39 10. In connection with the negotiation, award and implementation of 40 contracts of the authority relating to transit projects, the provisions 41 of [paragraphs (a), (b), (c) and (d) of subdivision] subdivisions thir- 42 teen and fourteen of section [twelve hundred sixty-six-c] thirteen 43 hundred forty-nine-j of this article shall apply to the authority as if 44 it were the "authority" referred to therein, and the [officer designated 45 by the metropolitan transportation authority pursuant to paragraph (e) 46 of such subdivision] division of minority and women's business develop- 47 ment, established pursuant to article fifteen-A of the executive law, 48 shall perform the duties therein described with respect to such 49 contracts of the authority. 50 11. So long as the authority or any of its subsidiaries, the big apple 51 transit authority, or the metropolitan transportation authority, shall 52 have outstanding any notes, bonds, lease, sublease or other contractual 53 obligations authorized by this section or section [twelve hundred 54 sixty-six-c] thirteen hundred forty-nine-j or [twelve hundred sixty- 55 nine] thirteen hundred forty-nine-u of this article, or which have been 56 issued or incurred in connection with the transfer of the interest of
A. 5828 45 1 any of them in and the lease from the transferee of any property 2 furnished pursuant to chapter twelve of the laws of nineteen hundred 3 seventy-nine or section fifteen of chapter three hundred fourteen of the 4 laws of nineteen hundred eighty-one, neither the authority nor any of 5 its subsidiaries shall have the authority to file a voluntary petition 6 under chapter nine of the federal bankruptcy code, or such corresponding 7 chapter, chapters, or sections as may, from time to time, be in effect, 8 and neither any public officer nor any organization, entity or other 9 person shall authorize the authority or any of its subsidiaries to be or 10 become a debtor under said chapter nine or said corresponding chapter, 11 chapters or sections during any such period. 12 12. A project financed by the authority's issuance of its bonds, notes 13 or other obligations, pursuant to subdivision [one-a] two of section 14 [twelve hundred seven-b] thirteen hundred forty-nine-u of this [title] 15 article shall be deemed to constitute a transit project for the purposes 16 of this section and any notes, bonds, lease, sublease or other contrac- 17 tual obligations with respect to such project shall, for purposes of 18 this section, be deemed to have been authorized by this section; 19 provided, however, that such project shall not be deemed to constitute 20 part of any capital program plan for the purposes of section [twelve 21 hundred sixty-nine-b] thirteen hundred forty-nine-v of this article nor 22 shall the principal amounts of any bonds or notes, nor the capitalized 23 value of any lease, sublease, or other contractual obligation of the 24 authority, issued or entered into by the authority pursuant to [such] 25 subdivision [one-a] two of section thirteen hundred forty-nine-u of this 26 article, be included in any computation pursuant to subdivision four of 27 this section. 28 § 14. The opening paragraph of subdivision 4, paragraph (c) of subdi- 29 vision 5 and subdivision 11 of section 1209 of the public authorities 30 law, the opening paragraph of subdivision 4 as added by chapter 430 of 31 the laws of 1983, paragraph (c) of subdivision 5 as added by chapter 383 32 of the laws of 1985 and subdivision 11 as added by chapter 929 of the 33 laws of 1986, are amended to read as follows: 34 Notwithstanding the provisions of subdivision two of this section, a 35 contract for the purchase of omnibuses or components of omnibuses in 36 furtherance or implementation of a capital program plan approved pursu- 37 ant to section [twelve hundred sixty-nine-b] thirteen hundred forty- 38 nine-v of this article may also be awarded by the authority by negoti- 39 ation without competitive bidding provided the following standards and 40 procedures are complied with: 41 (c) Any contract entered into pursuant to this subdivision shall 42 comply with the requirements of subdivision thirteen of section [twelve 43 hundred sixty-six-c] thirteen hundred forty-nine-j of this article. 44 11. The authority shall compile a list of potential sources of 45 supplies, materials or equipment regularly purchased. The authority 46 shall, by resolution, set forth the procedures it has established to 47 identify new sources and to notify such new sources of the opportunity 48 to bid for contracts for the purchase of supplies, materials or equip- 49 ment. Such procedures shall include, but not be limited to: (a) adver- 50 tising in trade journals; (b) cooperation with federal, state and local 51 agencies within its area of operations; (c) publication in the state 52 register quarterly; and (d) procedures established pursuant to subdivi- 53 sion thirteen of section [twelve hundred sixty-six-c] thirteen hundred 54 forty-nine-j of this article.
A. 5828 46 1 § 15. Subdivision 3 and paragraphs b and i of subdivision 4 of section 2 1209-a of the public authorities law, as amended by section 2 of part UU 3 of chapter 56 of the laws of 2024, are amended to read as follows: 4 3. Jurisdiction. The bureau shall have, with respect to acts or inci- 5 dents in or on the transit or railroad facilities of the authority or 6 the [metropolitan transportation] big apple transit authority or a 7 subsidiary thereof committed by or involving persons who are sixteen 8 years of age or over, and with respect to violation of toll collection 9 regulations of the [triborough] Triborough bridge and tunnel authority 10 as described in section twenty-nine hundred eighty-five of this chapter, 11 non-exclusive jurisdiction over violations of: (a) the rules which may 12 from time to time be established by the authority under subdivision 13 five-a of section twelve hundred four of this [chapter] title; (b) arti- 14 cle one hundred thirty-nine of the health code of the city of New York, 15 as it may be amended from time to time, relating to public transporta- 16 tion facilities; (c) article four of the noise control code of the city 17 of New York, as it may be amended from time to time, insofar as it 18 pertains to sound reproduction devices; (d) the rules and regulations 19 which may from time to time be established by the [triborough] Tribor- 20 ough bridge and tunnel authority in accordance with the provisions of 21 section twenty-nine hundred eighty-five of this chapter; and (e) rules 22 and regulations which may from time to time be established by the 23 [metropolitan transportation] big apple transit authority or a subsid- 24 iary thereof in accordance with the provisions of section [twelve 25 hundred sixty-six] thirteen hundred forty-nine-h of this [chapter] arti- 26 cle. Matters within the jurisdiction of the bureau except violations of 27 the rules and regulations of the [triborough] Triborough bridge and 28 tunnel authority shall be known for purposes of this section as transit 29 or railroad infractions, as applicable. Nothing herein shall be 30 construed to divest jurisdiction from any court now having jurisdiction 31 over any criminal charge or traffic infraction relating to any act 32 committed in a transit or toll facility, or to impair the ability of a 33 police officer to conduct a lawful search of a person in a transit or 34 railroad facility. The criminal court of the city of New York shall 35 continue to have jurisdiction over any criminal charge or traffic 36 infraction brought for violation of the rules of the authority, the 37 [triborough] Triborough bridge and tunnel authority or the [metropolitan 38 transportation] big apple transit authority or a subsidiary thereof, as 39 well as jurisdiction relating to any act which may constitute a crime or 40 an offense under any law of the state of New York or any municipality or 41 political subdivision thereof and which may also constitute a violation 42 of such rules. The bureau shall have concurrent jurisdiction with the 43 environmental control board and the administrative tribunal of the 44 department of health over the aforesaid provisions of the health code 45 and noise control code of the city of New York. 46 b. To impose civil penalties and to issue warnings for any transit or 47 railroad infraction within its jurisdiction, in accordance with a penal- 48 ty schedule established by the authority or the [metropolitan transpor- 49 tation] big apple transit authority or a subsidiary thereof, as applica- 50 ble, and the conditions set forth in subdivisions eleven and twelve of 51 this section and subdivision four of section twelve hundred sixty-six of 52 this article, except that penalties for violations of the health code of 53 the city of New York shall be in accordance with the penalties estab- 54 lished for such violations by the board of health of the city of New 55 York, and penalties for violations of the noise code of the city of New 56 York shall be in accordance with the penalties established for such
A. 5828 47 1 violations by law, and civil penalties for violations of the rules and 2 regulations of the [triborough] Triborough bridge and tunnel authority 3 shall be in accordance with the penalties established for such 4 violations by section twenty-nine hundred eighty-five of this chapter; 5 i. To accept payment of penalties and to remit same to the authority 6 or the [metropolitan transportation] big apple transit authority or a 7 subsidiary thereof, as applicable; and 8 § 16. Section 1213 of the public authorities law, as amended by chap- 9 ter 838 of the laws of 1983, is amended to read as follows: 10 § 1213. Report. Copies of the annual report required to be made and 11 submitted pursuant to section twenty-eight hundred of this chapter also 12 shall be submitted to the mayor, comptroller and [board of estimate] 13 city council. 14 § 17. Section 1219-a of the public authorities law, as amended by 15 section 19 of part O of chapter 61 of the laws of 2000, is amended to 16 read as follows: 17 § 1219-a. Transfer and receipt of surplus funds. 1. Notwithstanding 18 any provision of this title or any other provision of law, general, 19 special or local, the authority may from time to time transfer and pay 20 over to the metropolitan transportation authority, the big apple transit 21 authority or [triborough] the Triborough bridge and tunnel authority all 22 or any part of its surplus funds; and may accept and use any moneys 23 transferred and paid over to it by the metropolitan transportation 24 authority, the big apple transit authority or [triborough] the Tribor- 25 ough bridge and tunnel authority. 26 2. Notwithstanding the provisions of [the preceding] subdivision one 27 of this section: 28 (a) If the city shall have provided in its capital budget for its 29 fiscal year beginning July first, nineteen hundred sixty-eight the 30 amount of one hundred million dollars, or such lesser amount as shall 31 have been requested by the authority for inclusion in such budget, for 32 the payment of the capital cost of projects requested by the authority 33 pursuant to section twelve hundred three of this title, then upon the 34 written request of the mayor made within thirty days after the commence- 35 ment of such fiscal year, [triborough] the Triborough bridge and tunnel 36 authority shall transfer to the authority, by lump sum payment or 37 installments at such time or times and in such amounts as the mayor 38 shall elect, all or such part of the surplus funds of [triborough] the 39 Triborough bridge and tunnel authority on hand as of the last day of its 40 last fiscal year ending prior to such request as the mayor shall speci- 41 fy, which funds shall be applied by the authority solely to the payment 42 of its expenses of operation. If the city shall have provided in its 43 capital budget for any of its next four fiscal years, commencing with 44 the fiscal year beginning July first, nineteen hundred sixty-nine, the 45 amount of one hundred million dollars, or such lesser amount as shall 46 have been requested by the authority for inclusion in such budget, for 47 the payment of the capital cost of projects requested by the authority 48 pursuant to section twelve hundred three of this title, then upon the 49 written request of the mayor made within thirty days after the commence- 50 ment of such fiscal year, [triborough] the Triborough bridge and tunnel 51 authority shall transfer to the authority solely for application to the 52 payment of expenses of operation of the authority the operating surplus 53 of [triborough] the Triborough bridge and tunnel authority for its last 54 fiscal year ending prior to such request, which transfer shall also be 55 by lump sum payment or installments at such time or times and in such 56 amounts as the mayor shall elect. Projects shall be eligible for inclu-
A. 5828 48 1 sion in a computation made hereunder only if included in a capital budg- 2 et on the first day of the fiscal year for which it is adopted. A 3 carry-over project shall not be eligible for inclusion unless it was 4 first included in a capital budget by way of an amendment thereto, in 5 which event it shall be eligible for inclusion in a computation made 6 hereunder with respect to the first fiscal year of the city commencing 7 after the adoption of the amendment. 8 (b) Promptly upon the making of the certification of its operating 9 surplus, if any, for its fiscal year ending December thirty-first, nine- 10 teen hundred seventy-two and for each of its subsequent fiscal years, 11 [triborough] the Triborough bridge and tunnel authority, at the direc- 12 tion of [metropolitan transportation] the big apple transit authority, 13 shall transfer such operating surplus (1) to the [metropolitan transpor- 14 tation] big apple transit authority for deposit into one or more funds 15 or accounts to be used as contemplated by section [twelve hundred seven- 16 ty-d] thirteen hundred forty-nine-dd of this article, or (2) to the 17 authority and the [metropolitan transportation] big apple transit 18 authority solely for application to the payment of the expenses of oper- 19 ation. [For purposes of determining the proportional allocation of the 20 operating surplus as between the authority and the metropolitan trans- 21 portation authority, the following formula shall apply: (i) twenty-four 22 million dollars plus fifty percentum of the balance of such operating 23 surplus shall be allocable to the authority, and (ii) the remainder 24 shall be allocable to metropolitan transportation authority on behalf of 25 the commuter railroads operated by it, by its subsidiary corporations or 26 by others under joint arrangements.] 27 (c) The Triborough bridge and tunnel authority is authorized, at the 28 direction of the [metropolitan transportation] big apple transit author- 29 ity, from time to time to make advances from available funds on account 30 of the operating surplus it anticipates will or may be certified and 31 transferred as provided in this subdivision to (1) the [metropolitan 32 transportation] big apple transit authority for deposit into one or more 33 funds or accounts to be used as contemplated by section [twelve hundred 34 seventy-d] thirteen hundred forty-nine-dd of this article, or (2) the 35 authority and the [metropolitan transportation] big apple transit 36 authority solely for application to the payment of the expenses of oper- 37 ation. In the event that advances so made in respect of any fiscal year 38 including the year in which the surpluses are being earned exceed the 39 amounts required to be transferred to the authority and [metropolitan 40 transportation] the big apple transit authority pursuant to the 41 provisions of this subdivision, then the amount of any such excess shall 42 be refunded to [triborough] the Triborough bridge and tunnel authority 43 by the authority or [metropolitan transportation] the big apple transit 44 authority, as the case may be, within thirty days of the making by 45 [triborough] the Triborough bridge and tunnel authority of its certif- 46 ication of operating surplus for such fiscal year. 47 (d) For the purposes of this subdivision, the existence and the amount 48 of surplus funds and operating surplus of [triborough] the Triborough 49 bridge and tunnel authority shall be determined in accordance with the 50 provisions of subdivision twelve of section five hundred fifty-three of 51 this chapter. 52 (e) The Triborough bridge and tunnel authority shall certify to the 53 mayor and to the [chairman] chair of [metropolitan transportation] the 54 big apple transit authority within ninety days after the end of its 55 fiscal year ending December thirty-first, nineteen hundred sixty-seven, 56 and within forty-five days after the end of each of its subsequent
A. 5828 49 1 fiscal years, the amount of its operating surplus for that year and, in 2 the case of the fiscal year ending December thirty-first, nineteen 3 hundred sixty-seven, the amount of all of its surplus funds on hand as 4 of the last day of such fiscal year. 5 (f) No transfer of funds shall be made to the authority pursuant to 6 any provision of this section at any time when there shall have been 7 pending and not acted upon by the mayor for ninety days any request of 8 the authority for permission to expend or contract to expend funds for a 9 project included in a capital budget for transit facility purposes. 10 There shall be excluded from such ninety-day period any time during 11 which the mayor is prevented from acting by order of court or by opera- 12 tion of law. 13 [3. Notwithstanding the preceding subdivisions of this section, for 14 purposes of determining the proportional allocation of the operating 15 surplus of the Triborough bridge and tunnel authority between the 16 authority and the metropolitan transportation authority the following 17 formula shall be used: An amount equal to the debt service incurred in 18 such year as a result of the bonds issued to provide facilities pursuant 19 to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of section 20 five hundred fifty-three of this chapter shall be added to the operating 21 surplus of the Triborough bridge and tunnel authority, as certified by 22 that authority. The sum of these figures shall then be allocated to the 23 authority and the commuter railroads operated by metropolitan transpor- 24 tation authority or by its subsidiary corporations, pursuant to the 25 formula contained in paragraph (b) of subdivision two of this section as 26 if this amount were the operating surplus of the Triborough bridge and 27 tunnel authority. The amounts so allocated to the authority and the 28 commuter railroads operated by metropolitan transportation authority or 29 by its subsidiary corporations, shall then be reduced respectively by 30 the proportional amount of the debt service, incurred in such year by 31 the Triborough bridge and tunnel authority pursuant to paragraphs (m), 32 (n), (o), (p) and (r) of subdivision nine of section five hundred 33 fifty-three of this chapter, reasonably attributable to the payments for 34 transit projects undertaken for the authority and its subsidiaries and 35 transportation facility projects undertaken for the commuter railroads 36 operated by the metropolitan transportation authority or by its subsid- 37 iary corporations. The remaining amounts shall constitute the respective 38 allocation of operating surplus for the authority and the commuter rail- 39 roads operated by the metropolitan transportation authority or by its 40 subsidiary corporations.] 41 § 18. This act shall take effect January 1, 2026. 42 PART C 43 Section 1. Section 551 of the public authorities law is amended by 44 adding two new subdivisions 11 and 12 to read as follows: 45 11. The term "big apple transit authority" shall mean the corporation 46 created by title eleven-E of this article. 47 12. The term "city council" shall mean the city council of the city of 48 New York. 49 § 2. Subdivisions 1 and 2 of section 552 of the public authorities 50 law, subdivision 1 as amended by chapter 506 of the laws of 2009 and 51 subdivision 2 as amended by section 1 of part O of chapter 61 of the 52 laws of 2000, are amended to read as follows: 53 1. A board, to be known as "Triborough bridge and tunnel authority" is 54 hereby created. Such board shall be a body corporate and politic consti-
A. 5828 50 1 tuting a public benefit corporation. It shall consist of seventeen 2 members, all serving ex officio. Those members shall be the persons who 3 from time to time shall hold the offices of [chairman] chair and members 4 of [metropolitan transportation] the big apple transit authority. The 5 [chairman] chair of such board shall be the [chairman] chair of [metro- 6 politan transportation] the big apple transit authority, serving ex 7 officio, and, provided that there is an executive director of the 8 [metropolitan transportation] big apple transit authority, the executive 9 director of the authority shall be the executive director of the [metro- 10 politan transportation] big apple transit authority, serving ex officio. 11 Notwithstanding any provision of law to the contrary, the [chairman] 12 chair shall be the chief executive officer of the authority and shall be 13 responsible for the discharge of the executive and administrative func- 14 tions and powers of the authority. The [chairman] chair and executive 15 director, if any, each shall be empowered to delegate [his or her] their 16 respective functions and powers to the executive officer of the Tribor- 17 ough bridge and tunnel authority or to such person as may succeed to the 18 powers and duties of said executive officer. The [chairman] chair and 19 other members of the board hereby created, and the executive director, 20 if any, shall not be entitled to compensation for their services here- 21 under but shall be entitled to reimbursement for their actual and neces- 22 sary expenses incurred in the performance of their official duties. 23 2. A majority of the whole number of members of the authority then in 24 office shall constitute a quorum for the transaction of any business or 25 the exercise of any power of the authority. Except as otherwise speci- 26 fied in this title for the transaction of any business or the exercise 27 of any power of the authority, the authority shall have the power to act 28 by a majority vote of the members present at any meeting at which a 29 quorum is in attendance and except further, that in the event of a tie 30 vote the [chairman] chair shall cast one additional vote. For the 31 purposes of the voting and quorum requirements of this subdivision, the 32 voting and quorum requirements set forth in [subdivision three of 33 section twelve hundred sixty-three] subdivision three of section thir- 34 teen hundred forty-nine-c of this chapter and in any by-law of the 35 [metropolitan transportation] big apple transit authority adopted pursu- 36 ant to the provisions of such subdivision shall be applicable hereto. 37 Such board and its corporate existence shall continue only for a period 38 of five years and thereafter until all its liabilities have been met and 39 its bonds, notes and other obligations have been paid in full or such 40 liabilities or bonds, notes or other obligations have otherwise been 41 discharged, including bonds, notes or other obligations issued by the 42 metropolitan transportation authority that are payable in whole or in 43 part by revenues of the authority. When all liabilities incurred by the 44 authority of every kind and character have been met and all its bonds, 45 notes and other obligations have been paid in full, including bonds, 46 notes or other obligations issued by the metropolitan transportation 47 authority that are payable in whole or in part by revenues of the 48 authority, or such liabilities or bonds, notes or other obligations have 49 otherwise been discharged, all rights and properties of the authority 50 shall pass to and be vested in the city, except those rights and proper- 51 ties held by it relating to the convention center which shall pass to 52 and be vested in the state. The authority shall retain full jurisdiction 53 and control over all its projects, with the right and duty, subject to 54 the limitations of subdivision nine of section five hundred fifty-two-a 55 of this title, to charge tolls and collect revenues therefrom, for the 56 benefit of the holders of any of its bonds, notes or other obligations
A. 5828 51 1 or other liabilities, even if not issued or incurred in connection with 2 the project. Upon the authority's ceasing to exist all its remaining 3 rights and properties shall pass to the city, except those rights and 4 properties held by it relating to the convention center which shall pass 5 to the state. 6 § 3. Subdivisions 4-a, 4-b and 7-a, paragraphs (k), (o), (p) and (r) 7 of subdivision 9 and subdivisions 12, 13, 14, 17, 20 and 21 of section 8 553 of the public authorities law, subdivision 4-a as added by chapter 9 954 of the laws of 1946, subdivision 4-b as amended by section 2, subdi- 10 vision 12 as amended by section 3, subdivision 17 as amended by section 11 4 and subdivision 21 as added by section 5 of part O of chapter 61 of 12 the laws of 2000, subdivision 7-a as amended by section 7 of subpart B 13 of part ZZZ of chapter 59 of the laws of 2019, paragraph (k) of subdivi- 14 sion 9 as added by chapter 806 of the laws of 1955, paragraphs (o) and 15 (p) of subdivision 9 as added by chapter 369 of the laws of 1979, para- 16 graph (r) of subdivision 9 as added by chapter 314 of the laws of 1981, 17 subdivision 13 as amended by chapter 576 of the laws of 1964, subdivi- 18 sion 14 as amended by chapter 874 of the laws of 1939 and subdivision 20 19 as added by chapter 929 of the laws of 1986, are amended to read as 20 follows: 21 4-a. Whenever any real property is determined by the authority to be 22 unnecessary for its corporate purpose. 23 (a) to surrender such real property to the [board of estimate of the] 24 city council for other public use or purpose of such city, or 25 (b) to sell and convey or lease in behalf of such city any real prop- 26 erty acquired by the city at the expense of the authority. The proceeds 27 of any such sale or lease shall be paid to the authority and applied to 28 its corporate purpose. Any such lease shall run for a term not to exceed 29 ten years, and a renewal thereof for a term not to exceed ten years. 30 4-b. To apply for and receive and accept grants of property, money and 31 services and other assistance offered or made available to it by any 32 person, government or agency whatever, which it may use to meet capital 33 or operating expenses and for any other use within the scope of its 34 powers, and to negotiate for the same upon such terms and conditions as 35 the authority may determine to be necessary, convenient or desirable. 36 Subject to the rights of the holders of any outstanding bonds, notes or 37 other obligations of the authority, the metropolitan transportation 38 authority, the big apple transit authority and the New York city transit 39 authority, and to facilitate the efficient financial management of the 40 authority, the metropolitan transportation authority, the big apple 41 transit authority, its subsidiary corporations, and the New York city 42 transit authority and its subsidiary corporations (the "affiliated enti- 43 ties"), the authority may, and may permit and direct any affiliated 44 entity to, transfer revenues, subsidies and other monies or securities 45 to one or more funds or accounts of another affiliated entity for use by 46 such other affiliated entity, provided at the time of such transfer it 47 is reasonably anticipated that the monies and securities so transferred 48 will be reimbursed, repaid or otherwise provided for by the end of the 49 next succeeding calendar year if reimbursement or repayment is required 50 by law or by any agreement to which any of the affected affiliated enti- 51 ties is subject. Any revenues of an affiliated entity that are trans- 52 ferred to another affiliated entity, which transfer was not authorized 53 by a provision of law other than this subdivision, shall be considered 54 to be required to be repaid to the affiliated entity which was the 55 source of such revenues by the end of the next succeeding calendar year 56 following such transfer.
A. 5828 52 1 7-a. Notwithstanding any inconsistent provision of law, the bridge and 2 tunnel officers employed by the authority shall have the power to issue 3 simplified traffic informations for traffic infractions as defined in 4 section one hundred fifty-five of the vehicle and traffic law, committed 5 on the sites owned, operated and maintained by the [triborough] Tribor- 6 ough bridge and tunnel authority, such informations to be administered 7 pursuant to the provisions of chapter two of title [A of chapter forty] 8 nineteen of the administrative code of the city of New York or article 9 two-A of the vehicle and traffic law, as applicable and also shall have 10 the power to issue notices of violation for transit infractions commit- 11 ted in and about any or all of the facilities, equipment or real proper- 12 ty owned, occupied or operated by the [metropolitan transportation] big 13 apple transit authority or its subsidiaries and the New York city trans- 14 it authority and its subsidiaries, as provided and in accordance with 15 section twelve hundred nine-a of this chapter. Nothing set forth in this 16 subdivision shall be construed to impede, infringe or diminish the 17 rights and benefits that accrue to employees and employers through 18 collective bargaining agreements, or impact or change an employee's 19 membership in a bargaining unit. 20 (k) Subject to and in accordance with all contract provisions with 21 respect to any bonds and the rights of the holders of bonds, a vehicular 22 bridge across the East river between the boroughs of the Bronx and 23 Queens, east of the Bronx-Whitestone bridge, together with such inci- 24 dental bridges and other structures, appurtenances, facilities and 25 approaches as shall be necessary or convenient (herein collectively 26 referred to as the "Throgs Neck bridge project"). With the consent of 27 the United States of America, the Throgs Neck bridge project or a 28 portion thereof, if deemed necessary or convenient by the authority, may 29 be constructed upon or pass over any part of the military reservation 30 known as Fort Schuyler and owned by the United States of America. No 31 lands, easements or rights in land shall be acquired by the authority 32 for the purposes of this paragraph without the prior consent of the 33 [board of estimate of the] city council. 34 [(o) Subject to section five hundred fifty-three-c of this title, the 35 acquisition of new diesel self-propelled railroad passenger cars and the 36 transfer of the same to the metropolitan transportation authority, for a 37 nominal consideration, for use on commuter railroads owned or controlled 38 by the metropolitan transportation authority. The authority shall have 39 no obligation to operate, repair, maintain or reconstruct such cars 40 subsequent to their acquisition and transfer, nor shall it be liable to 41 the metropolitan transportation authority by reason of any warranty, 42 express or implied, in respect of such cars. Manufacturers or other 43 warranties furnished to the authority in connection with the purchase of 44 such cars shall be assigned to the metropolitan transportation authority 45 for enforcement. 46 (p) Subject to section five hundred fifty-three-c of this title, the 47 acquisition of land in the name of the authority in the vicinity of Penn 48 Station in the city of New York and/or the improvement of such land for 49 the benefit of the Long Island Rail Road for a lay-up yard and other 50 railroad purposes and the transfer of the said land and any improvements 51 thereon to the metropolitan transportation authority, parent corporation 52 of the said railroad, for a nominal consideration. The authority shall 53 have no obligation to operate, repair, maintain or reconstruct such land 54 or its improvements subsequent to such transfer.] 55 (r) In its discretion and subject to and in accordance with all 56 contract provisions with respect to any bonds and the rights of the
A. 5828 53 1 holders of bonds, at the request of the New York city transit authority 2 or the [metropolitan transportation] big apple transit authority, (i) 3 the planning for and the design, acquisition, construction, improvement, 4 reconstruction or rehabilitation, in the name of the authority, of any 5 capital asset, whether in the nature of personal or real property (or 6 any interest therein) which is used or useful for a transit or transpor- 7 tation purpose other than a marine or aviation purpose of the requesting 8 authority or its designated subsidiary (and in the case of such assets 9 then owned, operated by or under lease to the requesting authority or 10 its designated subsidiary, the receipt by the authority of the use, 11 occupancy, control or possession of such assets for the purpose of plan- 12 ning, designing, constructing, improving, reconstructing or rehabilitat- 13 ing the same) and the transfer or transfer back of such asset to the 14 requesting authority, its designated subsidiary or other designee for a 15 nominal consideration upon its acquisition or upon the completion of 16 such improvement, construction, reconstruction or rehabilitation; or, 17 alternatively or in combination with the foregoing, (ii) the making of 18 capital grants to the requesting authority or its designated subsidiary 19 to permit it to undertake and to finance such planning, design, acquisi- 20 tion, improvement, construction, reconstruction or rehabilitation, or, 21 alternatively or in combination with the foregoing, (iii) the financing 22 of all or any part of the costs to the authority or to any other person 23 or entity, public or private, of such planning, design, acquisition, 24 construction, improvement, reconstruction or rehabilitation of any such 25 capital asset through or accompanied by a leasing of the asset by such 26 person or entity to the authority or through or accompanied by a sale by 27 the authority to any such person or entity and leaseback to the authori- 28 ty, in each case for subleasing to the requesting authority, its desig- 29 nated subsidiary or other designee for a nominal rental, except that 30 such leasing or leaseback from such person or entity may be directly to 31 the requesting authority or its designated subsidiary or other designee, 32 for consideration, with the consent and at the expense of the authority. 33 The foregoing authorization shall extend to and include the continuation 34 of projects enumerated in paragraphs (m)[,] and (n)[, (o) and (p)] of 35 this subdivision without regard to any limitations set forth in section 36 five hundred fifty-three-c of this title. The authority shall have no 37 obligation to operate or, except as may otherwise be provided in any 38 lease to which it may be a party as aforesaid, repair or maintain any 39 capital asset after its acquisition, construction, improvement, recon- 40 struction or rehabilitation and subsequent transfer, lease or sublease, 41 nor shall it be liable to the transferee, lessee or sublessee by reason 42 of any warranty, express or implied, in respect thereof. Warranties 43 furnished in connection with such acquisition, improvement, 44 construction, reconstruction or rehabilitation shall be assignable and 45 assigned as directed by the requesting authority and approved by the 46 authority. 47 12. To charge tolls, fees or rentals for the use of the project, 48 subject to and in accordance with such agreement with bondholders as may 49 be made as hereinafter provided. The toll rates charged for the use of 50 either the Triborough or Whitestone bridge project shall, however, never 51 be less than the toll rates charged for the use of the other, and this 52 clause shall be deemed an obligation to the holders of any and all bonds 53 at any time issued secured by the revenues of said projects. Subject to 54 contracts with bondholders, all tolls and other revenues derived from 55 any project shall be applied to the payment of operating, administration 56 and other necessary expenses of the authority properly chargeable to
A. 5828 54 1 such project and thereafter to the payment of interest or principal of 2 bonds or for making sinking fund payments for bonds, not otherwise 3 adequately provided for, whether issued in connection with such project 4 or any other project. It is the intention hereof that surplus funds from 5 any project remaining after providing for the payment of all operating, 6 administration and other necessary expenses of the authority and all 7 contract provisions with respect to any bonds, may be used to meet obli- 8 gations incurred for other projects and if not so used or reserved for 9 such use shall, at the discretion of [metropolitan transportation] the 10 big apple transit authority, be transferred to [metropolitan transporta- 11 tion] the big apple transit authority or the New York city transit 12 authority pursuant to section five hundred sixty-nine-c of this title. 13 Subject to contracts with bondholders, the authority may treat one or 14 more projects as a single enterprise in respect of revenues, expenses, 15 the issuance of bonds, maintenance, operation or other purposes; 16 13. To construct and maintain over, under, along or across the project 17 telephone, telegraph, or electric wires and cables, gas mains, water 18 mains and other mechanical equipment not inconsistent with the appropri- 19 ate use of the project, to contract for such construction and to lease 20 the right to construct and/or use the same on such terms and for such 21 considerations as it shall determine, provided, however, that no lease 22 shall be made except with the approval of the [board of estimate of the] 23 city council, or for a period of more than twenty years from the date 24 when it is made; 25 14. To construct and maintain facilities for the public, not incon- 26 sistent with the use of the project, to contract for such construction, 27 and to lease the right to construct and/or use such facilities on such 28 terms and for such considerations as it shall determine, provided, 29 however, that no lease shall be made for a period of more than five 30 years from the date when it is made except with the approval of the 31 [board of estimate of the] city council; 32 17. To do all things necessary or convenient to carry out the powers 33 expressly given in this title and to assist and cooperate with the 34 [metropolitan transportation] big apple transit authority to carry out 35 the powers of the [metropolitan transportation] big apple transit 36 authority in furtherance of the purposes and powers of the authority as 37 provided in this article, including, without limitation, the trans- 38 actions described in sections [twelve hundred sixty-six-c] thirteen 39 hundred forty-nine-j, [twelve hundred sixty-nine] thirteen hundred 40 forty-nine-u, and [twelve hundred seventy-d] thirteen hundred forty- 41 nine-dd of this chapter. 42 20. Prior to the adoption after January first, nineteen hundred eight- 43 y-seven by the authority of a general resolution pursuant to which it is 44 authorized to issue any general or special obligation bonds or notes to 45 finance a project pursuant to the authorization contained in paragraph 46 (r) of subdivision nine of this section, not including any series resol- 47 ution or resolutions, and prior to the adoption of any amendment to a 48 general resolution, whenever adopted, pursuant to which it is authorized 49 to issue any general or special obligation bonds or notes for such 50 purpose, not including a series resolution or resolutions, the authority 51 shall submit a copy of such proposed resolution to the [metropolitan 52 transportation authority capital program review] big apple transit 53 authority's board (hereinafter referred to as the "board"). Within 54 fifteen days of such submission, the board may notify the authority of 55 its unanimous approval of the same by the members entitled to vote ther- 56 eon, or if the resolution is not approved and no individual member of
A. 5828 55 1 the board who is entitled to vote on such resolution has notified the 2 authority in writing of [his] such member's disapproval, the resolution 3 shall be deemed to have been approved. Neither the board nor any member 4 thereof shall disapprove a proposed resolution by reason of any covenant 5 requiring the authority to charge and fix tolls, rentals and other 6 charges sufficient to pay its operating expenses and the debt service, 7 including the funding of requisite reserves, on the bonds and notes 8 authorized by such resolution. If the board or any member thereof enti- 9 tled to vote thereon shall disapprove a proposed resolution, the author- 10 ity may, at any time, resubmit a reformulated resolution. Within ten 11 days of the submission of such reformulated resolution the board may 12 notify the authority of its unanimous approval of the same by the 13 members entitled to vote thereon, or, if the reformulated resolution is 14 not approved and no individual member of the board who is entitled to 15 vote thereon has notified the authority in writing of [his] such 16 member's disapproval within such period, the reformulated resolution 17 shall have been deemed to have been approved. Any individual member of 18 the board who votes against a resolution or a reformulated resolution or 19 who notifies the authority of [his] such member's disapproval shall 20 state [his] such member's reasons therefor. The member appointed on the 21 recommendation of the mayor of the city of New York shall participate in 22 the action of the board with respect to any resolution of the authority 23 submitted pursuant to this subdivision. The authority shall not adopt a 24 resolution or any amendment to a resolution disapproved by the board as 25 herein provided. 26 21. To invest any funds, accounts or other monies not required for 27 immediate use or disbursement, at the discretion of the authority, in 28 any of the investments in which the [metropolitan transportation] big 29 apple transit authority is permitted to invest its monies pursuant to 30 subdivision four of section [twelve hundred sixty-five] thirteen hundred 31 forty-nine-e of this chapter. 32 § 4. The opening paragraph of subdivision 1 and subdivision 2 of 33 section 553-c of the public authorities law, as amended by chapter 273 34 of the laws of 1980, are amended to read as follows: 35 The authority shall have the power to finance all or any part of the 36 costs of railroad and rapid transit costs enumerated in paragraphs [m, 37 n, o and p] (m) and (n) of subdivision nine of section five hundred 38 fifty-three of this [article] title through the issuance of its negoti- 39 able bonds, notes or other obligations in the manner provided in section 40 five hundred sixty-one of this [chapter] title subject only to the 41 following limitations: 42 2. Moneys expended pursuant to subdivision one of this section shall 43 be utilized insofar as practical to: (a) purchase at least one hundred 44 twenty-four new subway cars for the New York city transit authority, and 45 (b) rehabilitate at least two hundred eighty existing subway cars for 46 the New York city transit authority[, (c) acquire at least fifteen new 47 diesel self-propelled railroad passenger cars for the metropolitan 48 transportation authority commuter service area and (d) provide a passen- 49 ger car lay-up yard and other facilities for the Long Island Rail Road 50 in Manhattan]. The authority shall either apply for or make reasonable 51 effort to secure federal assistance in support of each of the programs 52 herein authorized and to the extent such federal assistance is forthcom- 53 ing and/or other cost savings are realized with respect to any such 54 program shall have the power to expand the size of that or any of the 55 foregoing programs.
A. 5828 56 1 § 5. Section 553-d of the public authorities law, as amended by 2 section 6 of part O of chapter 61 of the laws of 2000, is amended to 3 read as follows: 4 § 553-d. Special Triborough bridge and tunnel authority special obli- 5 gation bonds and notes. In addition to the powers contained elsewhere in 6 this title with respect to the projects authorized by paragraphs (m), 7 (n)[, (o), (p)] and (r) of subdivision nine of section five hundred 8 fifty-three of this title, and subject to the application of the reven- 9 ues and other monies and assets of the authority pursuant to section 10 [twelve hundred seventy-d] thirteen hundred forty-nine-dd of this chap- 11 ter, the authority may issue its bonds and notes to finance such 12 projects payable from and secured by all or any part of the moneys 13 received by the authority from the metropolitan transportation authority 14 special assistance fund established under section twelve hundred seven- 15 ty-a of this chapter, provided however that such bonds and notes may 16 also be payable from and secured by any other moneys, securities and 17 funds designated by the authority as additional security therefor. Debt 18 service on bonds and notes issued by the authority pursuant to this 19 section which is paid or reimbursed from moneys received by the authori- 20 ty from the metropolitan transportation authority special assistance 21 fund shall not be deemed to constitute debt service incurred by the 22 authority for purposes of subdivision three of section twelve hundred 23 nineteen-a of this chapter. Such bonds or notes shall be issued in the 24 manner provided in section five hundred sixty-one of this title. 25 § 6. Subdivisions 1, 7, 8, 9, 10 and 11 of section 553-e of the public 26 authorities law, subdivisions 1, 7, 8 and 9 as added by chapter 314 of 27 the laws of 1981, subdivision 10 as amended by chapter 558 of the laws 28 of 1981 and subdivision 11 as amended by chapter 929 of the laws of 29 1986, are amended to read as follows: 30 1. (a) In its performance of any project authorized by paragraph (m), 31 (n)[, (o), (p)] or (r) of subdivision nine of section five hundred 32 fifty-three of this title, the authority shall not be deemed the agent 33 or instrumentality of any other public benefit or municipal corporation 34 notwithstanding the fact that title to any real or personal property (or 35 any interest therein) which is the subject of or is a part of such 36 project is held by, or upon completion of such project is to be trans- 37 ferred to, any such entity, and the provisions of section five hundred 38 fifty-nine of this title shall not be applicable with respect to any 39 such project. In its performance of any such project for the New York 40 city transit authority, however, the provisions of section twelve 41 hundred nine of this chapter shall apply to the authority as if it were 42 the "authority" referred to therein. 43 (b) Neither the provisions of section one hundred ninety-seven-c of 44 the New York city charter, relating to a uniform land use review proce- 45 dure, nor the provisions of any other local law of the city of New York 46 of like or similar tenor or import shall apply (i) to the acquisition of 47 any real property (or any interest therein) for the purposes of any such 48 project by the city or by the New York city transit authority or any of 49 its subsidiaries; (ii) to the subsequent transfer of any real property 50 (or interest therein) so acquired to the authority or its designee for 51 the purposes of such project or to the transfer to the authority or its 52 designee for such purposes of any real property (or interest therein) 53 then owned by the city or by the New York city transit authority or any 54 such subsidiary; nor (iii) to the transfer to the authority or its 55 designee for such purposes of the right of use, occupancy, control or 56 possession of any real property (or interest therein), whether presently
A. 5828 57 1 owned or hereafter acquired by the city or by the New York city transit 2 authority or any such subsidiary; provided in each such case, however, 3 that if at the time of such proposed acquisition or transfer the real 4 property which is the subject of such acquisition or transfer is not 5 then being utilized for a transit or transportation purpose or is not an 6 insubstantial addition to such property contiguous thereto; (a) the 7 authority proposing to acquire or receive such property shall, unless a 8 submission with respect to such property has previously been made and 9 approved as herein provided, submit to the community board for the 10 community district in which such property is located, data with respect 11 to the proposed use of such property and to the design of any facility 12 proposed to be constructed thereon; (b) such community board shall 13 inform the [board of estimate of the] city council of New York, with 14 copies to the city planning commission of the city of New York and the 15 proposing authority, of its views and recommendations with respect ther- 16 eto within forty-five days of such submission, and if the community 17 board shall fail to so inform the [board of estimate] city council with- 18 in such period it shall be deemed to have recommended the proposal; and 19 (c) the [board of estimate] city council shall, within forty-five days 20 of the recommendation of the community board, approve or disapprove such 21 acquisition or transfer, and if the [board of estimate] city council 22 shall fail to act within such period it shall be deemed to have approved 23 the same. 24 7. The [metropolitan transportation] big apple transit authority, the 25 New York city transit authority and the designated subsidiaries of each 26 of them are each hereby authorized (i) to request the authority to 27 undertake any such project; (ii) to acquire in its own name by gift, 28 purchase or condemnation, and, additionally, in the case of the [metro- 29 politan transportation] big apple transit authority, by appropriation 30 pursuant to section [twelve hundred sixty-seven-a] thirteen hundred 31 forty-nine-q of this chapter, any real or personal property (or any 32 interest therein), which is needed or useful for or in connection with 33 such project, the provisions of any lease or other agreement with the 34 city to the contrary notwithstanding, and to surrender the use, occupan- 35 cy, control or possession of or to transfer the same, or of any other 36 such real or personal property (or any interest therein) which it owns, 37 leases, operates or controls, to the authority; (iii) to accept a trans- 38 fer, transfer back, lease or sublease of any such project or part there- 39 of upon its completion; (iv) to undertake any such project itself, or to 40 finance, through loans, leases or otherwise, any other person or entity, 41 public or private, to do so, in each case using funds granted by the 42 authority to pay all or any part of the costs thereof (such undertaking, 43 in the case of the New York city transit authority and its subsidiary, 44 the Manhattan and Bronx surface transit operating authority, being free 45 of any restriction set forth in subparagraph (ii) of paragraph b of 46 subdivision one of section twelve hundred three or in paragraph (c) of 47 subdivision five of section twelve hundred three-a of this chapter); and 48 (v) to make its agents, employees and facilities available to the 49 authority in connection therewith. 50 8. No such project to be constructed upon real property theretofore 51 used for a transit or transportation purpose, or on an insubstantial 52 addition to such property contiguous thereto, which will not change in a 53 material respect the general character of such prior transit or trans- 54 portation use, nor any acts or activities in connection with such 55 project, shall be subject to the provisions of article eight, nineteen, 56 twenty-four or twenty-five of the environmental conservation law, or to
A. 5828 58 1 any local law or ordinance adopted pursuant to any such article. Nor 2 shall any project or acts or activities in connection therewith taken by 3 any person or entity, public or private, pursuant to paragraph (m), 4 (n)[, (o), (p),] or (r) of subdivision nine of section five hundred 5 fifty-three of this title be subject to the provisions of article eight 6 of the environmental conservation law if such project, acts or activ- 7 ities to be taken in connection therewith require the preparation of a 8 statement under or pursuant to any federal law or regulation as to the 9 environmental impact thereof. 10 9. In connection with the negotiation, award and implementation of 11 contracts of the authority relating to any project hereafter initiated 12 pursuant to paragraphs (m), (n)[, (o), (p)] and (r) of subdivision nine 13 of section five hundred fifty-three of this title, the provisions of 14 [paragraphs (a), (b), (c) and (d) of subdivision] subdivisions thirteen 15 and fourteen of section [twelve hundred sixty-six-c] thirteen hundred 16 forty-nine-j of this chapter shall apply to the authority as if it were 17 the "authority" referred to therein, and the [officer designated by the 18 metropolitan transportation authority pursuant to paragraph (e) of that 19 subdivision] division of minority and women's business development, 20 established pursuant to article fifteen-A of the executive law, shall 21 perform the duties therein described with respect to such contracts of 22 the authority. 23 10. The financing of any such project through the issuance of bonds or 24 notes of the authority shall be subject to the provisions of section 25 [twelve hundred sixty-nine-b] thirteen hundred forty-nine-v of this 26 chapter. 27 11. The aggregate principal amount of bonds and notes issued and 28 outstanding at any time to finance projects authorized by paragraphs 29 (m), (n)[, (o), (p)] and (r) of subdivision nine of section five hundred 30 fifty-three of this title shall not exceed one billion one hundred 31 million dollars through December thirty-first, nineteen hundred eighty- 32 six and three billion two hundred million dollars thereafter, provided 33 however that such latter amount shall not exceed two billion two hundred 34 million dollars for all bonds and notes other than those issued pursuant 35 to section five hundred fifty-three-d of this title. This limitation 36 shall not include (i) bonds and notes issued to refund or otherwise 37 repay bonds or notes theretofore issued for such purposes, (ii) bonds 38 issued to fund any reasonably required debt service reserve fund for 39 bonds and notes, and (iii) an amount equal to any original issue 40 discount from the [prinicipal] principal amount of any bonds or notes 41 issued and then outstanding. From the proceeds of the bonds and notes 42 provided for in the first sentence of this subdivision, other than bonds 43 or notes authorized by section five hundred fifty-three-d of this title, 44 the authority shall not expend more than one billion three hundred twen- 45 ty million dollars for transit projects as defined in section [twelve 46 hundred sixty-six-c] thirteen hundred forty-nine-j of this chapter nor 47 more than eight hundred eighty million dollars for transportation facil- 48 ities as such term is defined in subdivision [fourteen] nineteen of 49 section [twelve hundred sixty-one] thirteen hundred forty-nine-b of this 50 chapter other than marine or aviation facilities. For the purposes of 51 this subdivision, facilities under the jurisdiction of the Staten Island 52 rapid transit operating authority shall be considered transit projects. 53 § 7. Intentionally omitted. 54 § 8. Subdivision 2 of section 553-j of the public authorities law, as 55 added by section 5 of subpart A of part ZZZ of chapter 59 of the laws of 56 2019, is amended to read as follows:
A. 5828 59 1 2. Monies in the fund shall be applied, subject to agreements with 2 bondholders and applicable federal law, to the payment of operating, 3 administration, and other necessary expenses of the authority, or to the 4 city of New York subject to the memorandum of understanding executed 5 pursuant to subdivision two-a of section seventeen hundred four of the 6 vehicle and traffic law properly allocable to such program, including 7 the planning, designing, constructing, installing or maintaining of the 8 central business district tolling program, including, without limita- 9 tion, the central business district tolling infrastructure, the central 10 business district tolling collection system and the central business 11 district tolling customer service center, and the costs of any [metro- 12 politan transportation] big apple transit authority capital projects 13 included within the 2020 to 2024 [MTA] big apple transit authority capi- 14 tal program or any successor programs. Monies in the fund may be: (a) 15 pledged by the authority to secure and be applied to the payment of the 16 bonds, notes or other obligations of the authority to finance the costs 17 of the central business district tolling program, including, without 18 limitation, the central business district tolling infrastructure, the 19 central business district tolling collection system and the central 20 business district tolling customer service center, and the costs of any 21 [metropolitan transportation] big apple transit authority capital 22 projects included within the 2020 to 2024 [MTA] big apple transit 23 authority capital program or any successor programs, including debt 24 service, reserve requirements, if any, the payment of amounts required 25 under bond and note facilities or agreements related thereto, the 26 payment of federal government loans, security or credit arrangements or 27 other agreements related thereto; or (b) used by the authority for the 28 payment of such capital costs of the central business district tolling 29 program and the costs of any [metropolitan transportation] big apple 30 transit authority capital projects included within the 2020 to 2024 31 [MTA] big apple transit authority capital program or any successor 32 programs; or (c) transferred to the [metropolitan transportation] big 33 apple transit authority and (1) pledged by the [metropolitan transporta- 34 tion] big apple transit authority to secure and be applied to the 35 payment of the bonds, notes or other obligations of the [metropolitan 36 transportation] big apple transit authority to finance the costs of any 37 [metropolitan transportation] big apple transit authority capital 38 projects included within the 2020 to 2024 [MTA] big apple transit 39 authority capital program or any successor programs, including debt 40 service, reserve requirements, if any, the payment of amounts required 41 under bond and note facilities or agreements related thereto, the 42 payment of federal government loans, security or credit arrangements or 43 other agreements related thereto, or (2) used by the [metropolitan 44 transportation] big apple transit authority for the payment of the costs 45 of any [metropolitan transportation] big apple transit authority capital 46 projects included within the 2020 to 2024 [MTA] big apple transit 47 authority capital program or any successor programs. Such revenues shall 48 only supplement and shall not supplant any federal, state, or local 49 funds expended by the authority or the [metropolitan transportation] big 50 apple transit authority, or such authority's or [metropolitan transpor- 51 tation] big apple transit authority's affiliates or subsidiaries for 52 such respective purposes. Central business district toll revenues may be 53 used as required to obtain, utilize, or maintain federal authorization 54 to collect tolls on federal aid highways.
A. 5828 60 1 § 9. Subdivisions 3, 3-a and 4 of section 553-j of the public authori- 2 ties law, as added by section 5 of subpart A of part ZZZ of chapter 59 3 of the laws of 2019, are amended to read as follows: 4 3. Any monies deposited in the fund shall be held in the fund free and 5 clear of any claim by any person arising out of or in connection with 6 article forty-four-C of the vehicle and traffic law and subdivision 7 twelve-a of section five hundred fifty-three of this title. Without 8 limiting the generality of the foregoing, no person paying any amount 9 that is deposited into the fund shall have any right or claim against 10 the authority or the [metropolitan transportation] big apple transit 11 authority, any of their bondholders, any of the authority's or the 12 [metropolitan transportation] big apple transit authority's subsidiaries 13 or affiliates to any monies in or distributed from the fund or in 14 respect of a refund, rebate, credit or reimbursement of monies arising 15 out of or in connection with article forty-four-C of the vehicle and 16 traffic law and subdivision twelve-a of section five hundred fifty-three 17 of this title. 18 3-a. Of the capital project costs paid by this fund[: eighty percent 19 shall be capital project costs of the New York city transit authority 20 and its subsidiary, Staten Island Rapid Transit Operating Authority, and 21 MTA Bus with] priority shall be given to the subway system, new signal- 22 ing, new subway cars, track and car repair, accessibility, buses and bus 23 system improvements and further investments in expanding transit avail- 24 ability to areas in the outer boroughs that have limited mass transit 25 options; ten percent shall be capital project costs of the Long Island 26 Rail Road, including but not limited to, parking facilities, rolling 27 stock, capacity enhancements, accessibility, and expanding transit 28 availability to areas in the Metropolitan Commuter Transportation 29 District that have limited mass transit options; and ten percent shall 30 be capital project costs of the Metro-North Commuter Railroad Company, 31 including but not limited to, parking facilities, rolling stock, capaci- 32 ty enhancements, accessibility, and expanding transit availability to 33 areas in the Metropolitan Commuter Transportation District that have 34 limited mass transit options. 35 4. The authority shall report annually on all receipts and expendi- 36 tures of the fund. The report shall detail operating expenses of the 37 central business district tolling program and all fund expenditures 38 including capital projects. The report shall be readily available to the 39 public, and shall be posted on the authority's website and be submitted 40 to [the governor, the temporary president of the senate, the speaker of 41 the assembly,] the mayor and council of the city of New York, and the 42 [metropolitan transportation] big apple transit authority board[, and 43 the metropolitan transportation authority capital program review board]. 44 § 10. Subdivision 5 of section 553-k of the public authorities law is 45 REPEALED. 46 § 11. Section 555 of the public authorities law, as amended by chapter 47 655 of the laws of 1978, is amended to read as follows: 48 § 555. Selection of site. Notwithstanding any provisions of any other 49 statute, the authority in conjunction with the commissioner of parks of 50 the city or [his] their successor, the commissioner of parks and recre- 51 ation, and with the approval of the [board of estimate] city council of 52 such city and with the separate approval of the mayor thereof, is hereby 53 authorized to select sites in the boroughs of the Bronx and Queens of 54 the city for the Whitestone bridge project and parkways connecting ther- 55 ewith, which sites may be in or through existing public parks, and to 56 select sites for new public parks contiguous to such project or contig-
A. 5828 61 1 uous to the roads, streets, parkways or avenues connecting with such 2 project. A site or sites may be selected for any or all of the aforemen- 3 tioned purposes and thereafter the use thereof shall be allocated by the 4 commissioner of parks and recreation as herein provided. The property so 5 selected solely for such project, not already owned by the city, shall 6 be acquired at the sole expense of the authority in the manner provided 7 for under this title. The property so selected solely for new public 8 parks shall be acquired by the city at its sole expense. The cost of the 9 property so selected for such project, combined with any other aforemen- 10 tioned purposes the use of which is to be thereafter determined, shall 11 be divided between the city and the authority as may be determined by a 12 contract or contracts hereby authorized to be entered into between the 13 city and the authority, subject to the approval of the [board of esti- 14 mate of the] city council. So much of the sites so selected and acquired 15 or such easements or rights of way therein as may be necessary or 16 convenient for the corporate purposes of the authority may be assigned 17 by the commissioner of parks and recreation of the city to the authority 18 for its use so long as its corporate existence shall continue. 19 § 12. Section 557 of the public authorities law, as amended by chapter 20 576 of the laws of 1964, is amended to read as follows: 21 § 557. Grant of land by the city to the authority. The city shall have 22 power and authority by resolution of the [board of estimate of the] city 23 council to assign to the authority, without consideration, any land 24 owned by the city on the seventh day of April, nineteen hundred thirty- 25 three, or thereafter acquired by it, needed or convenient for the 26 project, including lands released or to be released by the state to the 27 city pursuant to chapter three hundred seventy-nine of the laws of nine- 28 teen hundred twenty-nine as amended. 29 § 13. Subdivision 3 of section 557-a of the public authorities law, as 30 added by chapter 874 of the laws of 1939, is amended to read as follows: 31 3. The city may, by resolution of the [board of estimate] city 32 council, or by deed authorized by such a resolution, convey, with or 33 without consideration, to the authority for the project the use and 34 occupancy, for so long as its corporate existence shall continue, of any 35 lands then owned by the city including lands which, by any other law, 36 are inalienable by the city, and such conveyance may reserve to the city 37 such rights as shall not restrict the authority in the construction, 38 reconstruction, operation and maintenance of the project. 39 § 14. Subdivision 1 of section 561 of the public authorities law, as 40 amended by section 7 of part O of chapter 61 of the laws of 2000, is 41 amended to read as follows: 42 1. The authority shall have the power and is hereby authorized from 43 time to time to issue its negotiable bonds in conformity with applicable 44 provisions of the uniform commercial code for any corporate purpose or 45 power. The authority shall have power from time to time and whenever it 46 deems refunding advantageous or desirable, to refund, redeem or other- 47 wise pay, including by purchase or tender any bonds by the issuance of 48 new bonds, whether the bonds to be refunded have or have not matured, 49 and may issue bonds partly to refund bonds then outstanding and partly 50 for any other corporate purpose or power. The refunding bonds may be 51 exchanged for the bonds to be refunded, with such cash adjustments as 52 may be agreed, or may be sold and the proceeds applied to the purchase 53 or payment of the bonds to be refunded. The authority may issue general 54 or special obligation bonds. Every issue of general obligation bonds 55 shall be payable out of any moneys or revenues of the authority, subject 56 only to any agreements with the holders of particular bonds pledging any
A. 5828 62 1 particular tolls or revenues. Every issue of special obligation bonds 2 shall be payable out of any revenues, receipts, monies or assets of the 3 authority, the [metropolitan transportation] big apple transit authority 4 and its subsidiary corporations and the New York city transit authority 5 and its subsidiary corporations identified for such purposes in accord- 6 ance with agreements with the holders of particular bonds. 7 § 15. Section 569-c of the public authorities law, as amended by 8 section 9 of part O of chapter 61 of the laws of 2000, is amended to 9 read as follows: 10 § 569-c. Transfer and receipt of surplus funds. Notwithstanding any 11 provision of this title or any other provision of law, general, special 12 or local, the authority shall, at the direction of the [metropolitan 13 transportation] big apple transit authority, from time to time transfer 14 and pay over all or any part of its surplus funds to (a) [metropolitan 15 transportation] the big apple transit authority or (b) the New York city 16 transit authority, all in accordance with the provisions of subdivision 17 twelve of section five hundred fifty-three of this title [and the deter- 18 mination of the proportional allocation of such amounts of surplus funds 19 so deposited as between the New York city transit authority and the 20 commuter railroads operated by metropolitan transportation authority 21 shall be governed by the provisions of section twelve hundred nineteen-a 22 of this chapter] and the authority may accept and use any moneys trans- 23 ferred and paid over to it by [metropolitan transportation] the big 24 apple transit authority or the New York city transit authority. 25 § 16. This act shall take effect January 1, 2026. 26 PART D 27 Section 1. Article 5 of the public authorities law is amended by 28 adding a new title 11-E to read as follows: 29 TITLE 11-E 30 BIG APPLE TRANSIT AUTHORITY 31 Section 1349-a. Short title. 32 1349-b. Definitions. 33 1349-c. Big apple transit authority. 34 1349-d. Purposes of the authority. 35 1349-e. General powers of the authority. 36 1349-f. Contracts. 37 1349-g. Big apple transit authority small business mentoring 38 program. 39 1349-h. Special powers of the authority. 40 1349-i. Medical emergency services. 41 1349-j. Transit projects. 42 1349-k. Excess loss fund. 43 1349-l. Authority police force. 44 1349-m. The permanent citizens advisory committee. 45 1349-n. Big apple transit authority pledge to customers. 46 1349-o. Expired fare transfer policy. 47 1349-p. Acquisition and disposition of real property. 48 1349-q. Acquisition and disposition of real property by 49 department of transportation. 50 1349-r. Transit facilities for transit construction fund. 51 1349-s. Co-operation and assistance of other agencies. 52 1349-t. Promotion of qualified transportation fringes. 53 1349-u. Notes, bonds and other obligations of the authority.
A. 5828 63 1 1349-v. Capital program plans; approvals; effect of disap- 2 proval. 3 1349-w. Submission of strategic operation plan. 4 1349-x. Financial and operational reports. 5 1349-y. Mission statement and measurement report. 6 1349-z. Requirements for certain authority contracts and 7 related subcontracts. 8 1349-aa. Reserve funds and appropriations. 9 1349-bb. Big apple transit authority special assistance fund. 10 1349-cc. Big apple transit authority dedicated tax fund. 11 1349-dd. Consolidated financings. 12 1349-ee. Regulation of certain authority expenditures. 13 1349-ff. Metropolitan transportation authority finance fund. 14 1349-gg. New York city transportation assistance fund. 15 1349-hh. Agreement of the state. 16 1349-ii. Right of state to require redemption of bonds. 17 1349-jj. Remedies of noteholders and bondholders. 18 1349-kk. Notes and bonds as legal investment. 19 1349-ll. Exemption from taxation. 20 1349-mm. Actions against the authority. 21 1349-nn. Annual audit of authority. 22 1349-oo. Authority budget and financial plan. 23 1349-pp. Independent audit of authority. 24 1349-qq. Independent audit by the legislature. 25 1349-rr. Reporting. 26 1349-ss. Transfer and receipt of surplus funds. 27 1349-tt. Title not affected if in part unconstitutional or 28 ineffective. 29 1349-uu. Big apple transit authority inspector general. 30 1349-vv. Management advisory board. 31 1349-ww. The office of legislative and community input. 32 1349-xx. Supplemental revenue reporting program. 33 § 1349-a. Short title. This title may be known and may be cited as the 34 "big apple transit authority act". 35 § 1349-b. Definitions. As used or referred to in this title, unless a 36 different meaning clearly appears from the context: 37 1. "Authority" shall mean the corporation created by section thirteen 38 hundred forty-nine-c of this title. 39 2. "Authority facilities" shall mean the authority's transit, rail- 40 road, omnibus, marine and aviation facilities and operations pursuant to 41 joint service arrangements. 42 3. "Budget" shall mean the preliminary, final proposed and adopted 43 final plans of the authority, and each of its agencies. 44 4. "Comptroller" shall mean the comptroller of the city of New York. 45 5. "Equipment" shall mean rolling stock, omnibuses, vehicles, air, 46 marine or surface craft, motors, boilers, engines, wires, ways, conduits 47 and mechanisms, machinery, tools, implements, materials, supplies, 48 instruments and devices of every nature whatsoever used or useful for 49 transportation purposes or for the generation or transmission of motive 50 power including but not limited to all power houses, and all apparatus 51 and all devices for signaling, communications and ventilation as may be 52 necessary, convenient or desirable for the operation of a transportation 53 facility. 54 6. "Federal government" shall mean the United States government, and 55 any officer, department, board, commission, bureau, division, corpo- 56 ration, agency or instrumentality thereof.
A. 5828 64 1 7. "Gap" shall mean the difference between projected revenues and 2 expenses for any given fiscal year based on the existing fare structure. 3 8. "Gap-closing initiative" shall mean any action to reduce a project- 4 ed gap. 5 9. "Governor" shall mean the governor of the state of New York. 6 10. "Joint service arrangements" shall mean agreements between or 7 among the authority and any common carrier or freight forwarder, the 8 state, any state agency, the federal government, any other state or 9 agency or instrumentality thereof, any public authority of this or any 10 other state, or any political subdivision or municipality of the state, 11 relating to property, buildings, structures, facilities, services, 12 rates, fares, classifications, divisions, allowances or charges (includ- 13 ing charges between operators of railroad, omnibus, marine and aviation 14 facilities), or rules or regulations pertaining thereto, for or in 15 connection with or incidental to transportation in part in or upon rail- 16 road, omnibus, marine or aviation facilities located within the district 17 and in part in or upon railroad, omnibus, marine or aviation facilities 18 located outside the district. 19 11. "Marine and aviation facilities" shall mean equipment and craft 20 for the transportation of passengers, mail and cargo between points 21 within the district or pursuant to joint service arrangements, by marine 22 craft and aircraft of all types including but not limited to hydrofoils, 23 ferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or 24 other contrivances now or hereafter used in navigation or movement on 25 waterways or in the navigation of or flight in airspace. It shall also 26 mean any marine port or airport facility within the city but outside the 27 port of New York district as defined in chapter one hundred fifty-four 28 of the laws of nineteen hundred twenty-one, including but not limited to 29 terminals, docks, piers, bulkheads, ramps or any facility or real prop- 30 erty necessary, convenient or desirable for the accommodation of passen- 31 gers and cargo or the docking, sailing, landing, taking off, accommo- 32 dation or servicing of such marine craft or aircraft. 33 12. "Mayor" shall mean the mayor of the city of New York. 34 13. "Metropolitan transportation authority" shall mean the corporation 35 created pursuant to title eleven of this article. 36 14. "Omnibus facilities" shall mean motor vehicles, of the type oper- 37 ated by carriers subject to the jurisdiction of the public service 38 commission, engaged in the transportation of passengers and their 39 baggage, express and mail between points within the district or pursuant 40 to joint service arrangements, and equipment, property, buildings, 41 structures, improvements, loading or unloading areas, parking areas or 42 other facilities, necessary, convenient or desirable for the accommo- 43 dation of such motor vehicles or their passengers, including but not 44 limited to buildings, structures and areas notwithstanding that portions 45 may not be devoted to any omnibus purpose other than the production of 46 revenues available for the costs and expenses of all or any facilities 47 of the authority. 48 15. "Railroad facilities" shall mean right of way and related track- 49 age, rails, cars, locomotives, other rolling stock, signal, power, fuel, 50 communication and ventilation systems, power plants, stations, termi- 51 nals, storage yards, repair and maintenance shops, yards, equipment and 52 parts, offices and other real estate or personalty used or held for or 53 incidental to the operation, rehabilitation or improvement of any rail- 54 road operating or to operate between points within the district or 55 pursuant to joint service arrangements, including but not limited to 56 buildings, structures, and areas notwithstanding that portions thereof
A. 5828 65 1 may not be devoted to any railroad purpose other than the production of 2 revenues available for the costs and expenses of all or any facilities 3 of the authority. 4 16. "Real property" shall mean lands, structures, franchises and 5 interests in land, waters, lands under water, riparian rights and air 6 rights and any and all things and rights included within said term and 7 includes not only fees simple absolute but also any and all lesser 8 interests including but not limited to easements, rights of way, uses, 9 leases, licenses and all other incorporeal hereditaments and every 10 estate, interest or right, legal or equitable, including terms for years 11 and liens thereon by way of judgments, mortgages or otherwise. 12 17. "State" shall mean the state of New York. 13 18. "State agency" shall mean any officer, department, board, commis- 14 sion, bureau, division, public benefit corporation, agency or instrumen- 15 tality of the state. 16 19. "Transportation facility" shall mean any transit, railroad, omni- 17 bus, marine or aviation facility and any person, firm, partnership, 18 association or, corporation which owns, leases or operates any such 19 facility or any other facility used for service in the transportation of 20 passengers, United States mail or personal property as a common carrier 21 for hire and any portion thereof and the rights, leaseholds or other 22 interest therein together with routes, tracks, extensions, connections, 23 parking lots, garages, warehouses, yards, storage yards, maintenance and 24 repair shops, terminals, stations and other related facilities thereof, 25 the devices, appurtenances, and equipment thereof and power plants and 26 other instrumentalities used or useful therefor or in connection there- 27 with. 28 20. "Transportation district" and "district" shall mean the metropol- 29 itan commuter transportation district created by section twelve hundred 30 sixty-two of this article. 31 21. "Transportation purpose" shall mean a purpose that directly 32 supports the missions or purposes of the authority, any of its subsid- 33 iaries, New York city transit authority or its subsidiary, including the 34 realization of revenues derived from property that is, or is to be used 35 as, a transportation facility. 36 22. "New York city transit authority" shall mean the corporation 37 created by section twelve hundred one of this article. 38 23. "Triborough bridge and tunnel authority" shall mean the corpo- 39 ration created pursuant to title three of article three of this chapter. 40 24. "Inspector general" shall mean the big apple transit authority 41 inspector general. 42 25. "Revenues" shall mean all monies received by the authority or its 43 subsidiaries, or the New York city transit authority or its subsid- 44 iaries, or Triborough bridge and tunnel authority, as the case may be, 45 from whatever source, derived directly or indirectly from or in 46 connection with the operations of the respective entity except for any 47 monies transferred to the metropolitan transportation authority pursuant 48 to section thirteen hundred forty-nine-h of this title that is not 49 returned to the authority pursuant to paragraph (c) of subdivision two 50 of section twelve hundred sixty-six of this article. 51 26. "Transit facility" shall have the same meaning as defined in 52 subdivision fifteen of section twelve hundred of this article. 53 27. "Utilization" shall mean public usage of the subway, bus, railroad 54 and paratransit services, and bridge and tunnel crossings, of the 55 authority and its affiliates and subsidiaries as reflected in empirical 56 data.
A. 5828 66 1 28. "Big apple transit authority and its affiliates" shall mean the 2 big apple transit authority, the New York city transit authority, and 3 the Triborough bridge and tunnel authority, and all their respective 4 subsidiaries. 5 § 1349-c. Big apple transit authority. 1. (a) There is hereby created 6 the "big apple transit authority". The authority shall be a body corpo- 7 rate and politic constituting a public benefit corporation. The authori- 8 ty shall consist of seven voting members, including a chairperson, and 9 two non-voting members. Members shall have experience in one or more of 10 the following areas of expertise: transportation or transit planning; 11 urban planning, including sustainability and resiliency; advocacy for 12 individuals with disabilities; demographics, social trends or the needs 13 of low-income New Yorkers; capital planning or civil engineering; 14 finance; or another area of expertise central to the purpose of the 15 authority. The mayor shall appoint four voting members, including the 16 chairperson, and each member shall be entitled to cast one vote. Each 17 borough president of the city of New York shall appoint one voting 18 member who shall be entitled to cast a half vote. The public advocate of 19 the city of New York shall appoint one voting member who shall be enti- 20 tled to cast a half vote. The two non-voting members shall be appointed 21 by the mayor. The first non-voting member shall be a regular mass trans- 22 it user of the facilities of the authority and be recommended to the 23 mayor of the city of New York by the permanent citizens advisory commit- 24 tee established pursuant to section thirteen hundred forty-nine-m of 25 this title. The second non-voting member shall be recommended to the 26 mayor by the labor organization representing the majority of employees 27 of the authority. The chairperson, at such chairperson's direction, may 28 exclude such non-voting member from attending any portion of a meeting 29 of the authority or of any committee established pursuant to paragraph 30 (b) of subdivision three of this section held for the purpose of 31 discussing negotiations with labor organizations. The chairperson and 32 each of the members shall be appointed for a term of three years. 33 (b) Each member shall be subject to the conflict of interest board 34 established by section twenty-six hundred two of the New York city char- 35 ter as public servants charged with substantial policy discretion. 36 (c) Vacancies occurring otherwise than by expiration of term shall be 37 filled in the same manner as original appointments for the balance of 38 the unexpired term. 39 2. The chairperson shall be paid a salary in the amount determined by 40 the authority; the other members shall not receive a salary or other 41 compensation. Each member, including the chairperson, shall be entitled 42 to reimbursement for actual and necessary expenses incurred in the 43 performance of such member's official duties. 44 3. (a) Notwithstanding any provision of law to the contrary, the 45 chairperson shall be the chief executive officer of the authority and 46 shall be responsible for the discharge of the executive and administra- 47 tive functions and powers of the authority. The chairperson may appoint 48 an executive director and such other officials and employees as shall in 49 such chairperson's judgment be needed to discharge the executive and 50 administrative functions and powers of the authority. 51 (b) The chairperson shall establish committees to assist such chair- 52 person in the performance of such chairperson's duties and shall appoint 53 members of the authority to such committees. Among such committees, 54 there shall be a committee on operations of the New York city transit 55 authority, the Manhattan and Bronx surface transit operating authority 56 and the Staten Island rapid transit operating authority; a committee on
A. 5828 67 1 operations of the Triborough bridge and tunnel authority; a committee on 2 finance; a committee on capital program oversight; and a committee on 3 safety. In addition to such appointed members, each of the non-voting 4 members shall serve on the committee on capital program oversight, the 5 committee on finance, the committee on safety, and the committee on 6 operations of the Triborough bridge and tunnel authority. The committee 7 on capital program oversight shall include not less than four members, 8 and shall include the chairpersons of the committee on operations of the 9 New York city transit authority, the Manhattan and Bronx surface transit 10 operating authority and the Staten Island rapid transit operating 11 authority, and the committee on safety. The committee on safety shall 12 convene at least once annually and each committee chairperson, that is a 13 member of the committee on safety, shall report to the committee on 14 safety any and all initiatives, concerns, improvements, or failures 15 involving the safety of customers, employees, and the public at large, 16 in relation to authority facilities and services. The capital program 17 committee shall, with respect to any approved or proposed capital 18 program plans: 19 (i) monitor the current and future availability of funds to be 20 utilized for such plans approved or proposed to be submitted to the 21 mayor as provided in section thirteen hundred forty-nine-v of this 22 title; 23 (ii) monitor the contract awards of the big apple transit authority 24 and the New York city transit authority to ensure that such awards are 25 consistent with: 26 (A) provisions of law authorizing United States content and New York 27 state content; 28 (B) collective bargaining agreements; 29 (C) provisions of law providing for participation by minority and 30 women-owned businesses; 31 (D) New York state labor laws; 32 (E) competitive bidding requirements including those regarding sole 33 source contracts; and 34 (F) any other relevant requirements established by law; 35 (iii) monitor the award of contracts to determine if such awards are 36 consistent with the manner in which the work was traditionally performed 37 in the past provided, however, that any such determination shall not be 38 admissible as evidence in any arbitration or judicial proceeding; 39 (iv) review the relationship between capital expenditures pursuant to 40 each such capital program plan and current and future operating budget 41 requirements; 42 (v) monitor the progress of capital elements described in each capital 43 program plan approved as provided in section thirteen hundred forty- 44 nine-v of this title; 45 (vi) monitor the expenditures incurred and to be incurred for each 46 such element; and 47 (vii) identify capital elements not progressing on schedule, ascertain 48 responsibility therefor and recommend those actions required or appro- 49 priate to accelerate their implementation. 50 (c) The capital program committee shall issue a quarterly report on 51 its activities and findings, and shall in connection with the prepara- 52 tion of such quarterly report, consult with the city department of 53 transportation, the mayor, and any other group the committee deems rele- 54 vant, including public employee organizations, and, at least annually, 55 with a nationally recognized independent transit engineering firm. Such 56 report shall be made available to the members of the authority, to the
A. 5828 68 1 mayor, and the directors of the municipal assistance corporation for the 2 city of New York. 3 (d) The chairperson shall ensure that at every meeting of the board 4 and at every meeting of each committee the public shall be allotted a 5 period of time, not less than thirty minutes, to speak on any topic on 6 the agenda. 7 (e) Notwithstanding paragraph (c) of subdivision one of section twen- 8 ty-eight hundred twenty-four of this chapter or any other provision of 9 law to the contrary, the chairperson shall not participate in establish- 10 ing authority policies regarding the payment of salary, compensation and 11 reimbursement to, nor establish rules for the time and attendance of, 12 the chief executive officer. The salary of the chairperson, as deter- 13 mined pursuant to subdivision two of this section, shall also be compen- 14 sation for all services performed as chief executive officer. 15 4. Notwithstanding any inconsistent provisions of this or any other 16 law, general, special or local, no officer or employee of the state, or 17 of any public corporation as defined in the general corporation law, 18 shall be deemed to have forfeited or shall forfeit such officer or 19 employee's office or employment or any benefits provided under the 20 retirement and social security law or under any public retirement system 21 maintained by the state or any of its subdivisions by reason of such 22 officer or employee's acceptance of a position of member or chairperson 23 of the authority; provided, however, a member or chairperson who holds 24 such other public office or employment shall receive no additional 25 compensation for services rendered pursuant to this title, but shall be 26 entitled to reimbursement for such member or chairperson's actual and 27 necessary expenses incurred in the performance of such services. 28 5. The mayor may remove any member for inefficiency, neglect of duty, 29 breach of fiduciary duty or misconduct in office after giving the member 30 a copy of the charges against the member and an opportunity to be heard, 31 in person or by counsel in the member's defense, upon not less than ten 32 days' notice. If any member shall be so removed, the mayor shall file a 33 complete statement of charges made against such member, and the mayor's 34 findings thereon, together with a complete record of the proceedings. 35 6. The authority shall continue so long as it shall have bonds or 36 other obligations outstanding and until its existence shall be termi- 37 nated by law. Upon the termination of the existence of the authority, 38 all its rights and properties shall pass to and be vested in the city. 39 7. Whenever the authority causes notices of hearings on proposed 40 changes in services or fares to be posted pursuant to this section or 41 any statute, regulation, or authority policy, or where it voluntarily 42 posts such notices, such notices shall: 43 (a) be written in a clear and coherent manner using words with common 44 and every day meaning; 45 (b) be captioned in large point type bold lettering with a title that 46 fairly and accurately conveys the basic nature of such change or chang- 47 es; 48 (c) where such change involves a proposed change in levels of fare, 49 include in its title the range of amounts of fare changes under consid- 50 eration; 51 (d) contain, to the extent practicable, a concise description of the 52 specific nature of the change or changes, including but not limited to a 53 concise description of those changes that affect the largest number of 54 passengers;
A. 5828 69 1 (e) where such change involves a change in the nature of a route, 2 contain, to the extent practicable, a clear graphic illustration of such 3 change or changes; and 4 (f) where such change involves a partial or complete station closing, 5 such notice shall be posted at the affected station with a clear graphic 6 illustration depicting the nature of any closing for such station. 7 § 1349-d. Purposes of the authority. 1. The purposes of the authority 8 shall be the continuance, further development and improvement of commu- 9 ter transportation and other services related thereto within the city of 10 New York, including but not limited to such transportation by railroad, 11 omnibus, marine and air, in accordance with the provisions of this 12 title. It shall be the further purpose of the authority, consistent with 13 its status as the ex officio board of both the New York city transit 14 authority and the Triborough bridge and tunnel authority, to develop and 15 implement a unified mass transportation policy for the city in an effi- 16 cient and cost-effective manner that includes the use of design-build 17 contracting on all appropriate projects. 18 2. It is hereby found and declared that such purposes are in all 19 respects for the benefit of the people of the city of New York and the 20 authority shall be regarded as performing an essential governmental 21 function in carrying out its purposes and in exercising the powers 22 granted by this title. 23 § 1349-e. General powers of the authority. Except as otherwise limited 24 by this title, the authority shall have power: 25 1. to sue and be sued; 26 2. to have a seal and alter the same at pleasure; 27 3. to borrow money, to issue negotiable notes, bonds or other obli- 28 gations and to provide for the rights of the holders thereof, and to 29 finance or refinance all or any part of the costs to the authority or to 30 any other person or entity, public or private, of the planning, design, 31 acquisition, construction, improvement, reconstruction or rehabilitation 32 of any transportation facility; 33 4. to invest any funds, accounts or other monies not required for 34 immediate use or disbursement, at the discretion of the authority in: 35 (a) obligations of the state or the United States government; 36 (b) obligations the principal and interest of which are guaranteed by 37 the state or the United States government; 38 (c) certificates of deposit of banks or trust companies in this state, 39 secured, if the authority shall so require, by obligations of the United 40 States or of the state of New York of a market value equal at all times 41 to the amount of the deposit; 42 (d) banker's acceptances with a maturity of ninety days or less which 43 are eligible for purchase by the Federal Reserve Banks and whose rating 44 at the time of purchase is in the highest rating category of two 45 nationally recognized independent rating agencies, provided, however, 46 that the amount of banker's acceptances of any one bank shall not exceed 47 two hundred fifty million dollars; 48 (e) obligations of any bank or corporation created under the laws of 49 either the United States or any state of the United States maturing 50 within two hundred seventy days, provided that such obligations receive 51 the highest rating of two nationally recognized independent rating agen- 52 cies and, provided further, that no more than two hundred fifty million 53 dollars may be invested in such obligations of any one bank or corpo- 54 ration; 55 (f) as to any such moneys held in reserve and sinking funds, other 56 securities in which the trustee or trustees of any public retirement
A. 5828 70 1 system or pension fund has the power to invest the monies thereof pursu- 2 ant to article four-A of the retirement and social security law, each 3 such reserve and sinking fund being treated as a separate fund for the 4 purposes of article four-A of the retirement and social security law; 5 (g) notes, bonds, debentures, mortgages and other evidences of indebt- 6 edness, issued or guaranteed at the time of the investment by the United 7 States Postal Service, the federal national mortgage association, the 8 federal home loan mortgage corporation, the student loan marketing asso- 9 ciation, the federal farm credit system, or any other United States 10 government sponsored agency, provided that at the time of the investment 11 such agency or its obligations are rated and the agency receives, or its 12 obligations receive, the highest rating of all independent rating agen- 13 cies that rate such agency or its obligations, provided, however, that 14 no more than two hundred fifty million dollars or such greater amount as 15 may be authorized for investment by the state comptroller pursuant to 16 section ninety-three of the state finance law may be invested in the 17 obligations of any one agency; 18 (h) general obligation bonds and notes of any state other than the 19 state, provided that such bonds and notes receive the highest rating of 20 at least one independent rating agency, and bonds and notes of any coun- 21 ty, town, city, village, fire district or school district of the state, 22 provided that such bonds and notes receive either of the two highest 23 ratings of at least two independent rating agencies; 24 (i) mutual funds registered with the United States securities and 25 exchange commission whose investments are limited to obligations of the 26 state described in paragraph (a) of this subdivision, obligations the 27 principal and interest of which are guaranteed by the state described in 28 paragraph (b) of this subdivision, and those securities described in 29 this paragraph and that have received the highest rating of at least one 30 independent rating agency, provided that the aggregate amount invested 31 at any one time in all such mutual funds shall not exceed ten million 32 dollars, and, provided further, that the authority shall not invest such 33 funds, accounts or other monies in any mutual fund for longer than thir- 34 ty days; and 35 (j) financial contracts in a foreign currency entered into for the 36 purpose of minimizing the foreign currency exchange risk of the purchase 37 price of a contract with a vendor chosen through competitive process for 38 the acquisition of capital assets for the benefit of the capital program 39 of the Triborough bridge and tunnel authority or the transit capital 40 program; 41 5. to make and alter by-laws for its organization and internal manage- 42 ment, and rules and regulations governing the exercise of its powers and 43 the fulfillment of its purposes under this title; 44 6. to enter into contracts and leases and to execute all instruments 45 necessary or convenient; 46 (a) with respect to any lease transaction entered into pursuant to 47 section 168(f)(8) of the United States Internal Revenue Code or any 48 successor provisions, the authority shall meet the following standards 49 and procedures: 50 (i) notice of intention to negotiate shall be published in at least 51 one newspaper of general circulation, and a copy thereof shall be mailed 52 to all parties who have requested notification from the authority to 53 engage in transactions of this type, and such notice shall describe the 54 nature of the proposed transaction and the factors subject to negoti- 55 ation, which shall include, but not be limited to, the price to be paid 56 to the authority;
A. 5828 71 1 (ii) the authority shall negotiate with those respondents whose 2 response complies with the requirements set forth in the notice; 3 (iii) the board of the authority shall resolve on the basis of parti- 4 cularized findings relevant to the factors negotiated that such trans- 5 action will provide maximum available financial benefits, consistent 6 with other defined objectives and requirements; 7 (b) the authority shall provide to the mayor, city council, and all 8 borough presidents of the boroughs in which the leased property is situ- 9 ated, notice of each lease entered into pursuant to paragraph (a) of 10 this subdivision and supporting documentation of compliance by the 11 authority with subparagraphs (i), (ii) and (iii) of paragraph (a) of 12 this subdivision; 13 (c) paragraphs (a) and (b) of this subdivision shall be of no force 14 and effect with respect to any lease transaction entered into pursuant 15 to a commitment approved prior the effective date of this section by the 16 board of the metropolitan transportation authority; 17 7. to acquire, hold, and dispose of real or personal property in the 18 exercise of its powers; 19 8. to appoint such officers and employees as it may require for the 20 performance of its duties, and to fix and determine their qualifica- 21 tions, duties, and compensation and to retain or employ counsel, audi- 22 tors, engineers, and private consultants on a contract basis or other- 23 wise for rendering professional or technical services and advice; 24 9. (a) notwithstanding section one hundred thirteen of the retirement 25 and social security law or any other general or special law, the author- 26 ity and any of its subsidiary corporations may continue or provide to 27 its affected officers and employees any retirement, disability, death or 28 other benefits provided or required for railroad personnel pursuant to 29 federal or state law; 30 (b) the authority and any of its public benefit subsidiary corpo- 31 rations may be a "participating employer" in the New York city employ- 32 ees' retirement system with respect to one or more classes of officers 33 and employees of such authority or any such public benefit subsidiary 34 corporation, as may be provided by resolution of such authority or any 35 such public benefit subsidiary corporation, as the case may be, or any 36 subsequent amendment thereof, filed with the comptroller and accepted by 37 such comptroller pursuant to section thirty-one of the retirement and 38 social security law. In taking any action pursuant to this paragraph, 39 the authority and any of its public benefit subsidiary corporations 40 shall consider the coverages and benefits continued or provided pursuant 41 to paragraph (a) of this subdivision; 42 10. to make plans, surveys, and studies necessary, convenient or 43 desirable to the effectuation of the purposes and powers of the authori- 44 ty and to prepare recommendations in regard thereto; 45 11. to enter upon such lands, waters or premises as in the judgment of 46 the authority as may be necessary, convenient or desirable for the 47 purpose of making surveys, soundings, borings and examinations to accom- 48 plish any purpose authorized by this title, the authority being liable 49 for actual damage done; 50 12. to conduct investigations and hearings in the furtherance of its 51 general purposes, and in aid thereof have access to any books, records 52 or papers relevant thereto; and if any person whose testimony shall be 53 required for the proper performance of the duties of the authority shall 54 fail or refuse to aid or assist the authority in the conduct of any 55 investigation or hearing, or to produce any relevant books, records or 56 other papers, the authority is authorized to apply for process of
A. 5828 72 1 subpoena, to issue out of any court of general original jurisdiction 2 whose process can reach such person, upon due cause shown; 3 13. to make a copy of any report submitted by the authority pursuant 4 to sections twenty-eight hundred, twenty-eight hundred one and twenty- 5 eight hundred two of this chapter shall be forwarded to the mayor and to 6 the speaker of the city council; and 7 14. to do all things necessary, convenient or desirable to carry out 8 its purposes and for the exercise of the powers granted in this title. 9 § 1349-f. Contracts. 1. (a) Except as otherwise provided in this 10 section, all purchase contracts for supplies, materials or equipment 11 involving an estimated expenditure in excess of one million dollars and 12 all contracts for public work involving an estimated expenditure in 13 excess of one million dollars shall be awarded by the authority to the 14 lowest responsible bidder after obtaining sealed bids in the manner 15 hereinafter set forth. For purposes hereof, contracts for public work 16 shall exclude contracts for personal, engineering and architectural, or 17 professional services. The authority may reject all bids and obtain new 18 bids in the manner provided by this section when it is deemed in the 19 public interest to do so or, in cases where two or more responsible 20 bidders submit identical bids which are the lowest bids, award the 21 contract to any of such bidders or obtain new bids from such bidders. 22 Nothing in this paragraph shall obligate the authority to seek new bids 23 after the rejection of bids or after cancellation of an invitation to 24 bid. Nothing in this section shall prohibit the evaluation of bids on 25 the basis of costs or savings including life cycle costs of the item to 26 be purchased, discounts, and inspection services so long as the invita- 27 tion to bid reasonably sets forth the criteria to be used in evaluating 28 such costs or savings. Life cycle costs may include but shall not be 29 limited to costs or savings associated with installation, energy use, 30 maintenance, operation and salvage or disposal. 31 (b) Section twenty-eight hundred seventy-nine of this chapter shall 32 apply to the authority's acquisition of goods or services of any kind, 33 in the actual or estimated amount of fifteen thousand dollars or more, 34 provided: 35 (i) that a contract for services in the actual or estimated amount of 36 one million dollars or less shall not require approval by the board of 37 the authority regardless of the length of the period over which the 38 services are rendered, and provided further that a contract for services 39 in the actual or estimated amount of one million dollars or more shall 40 require approval by the board of the authority regardless of the length 41 of the period over which the services are rendered unless such a 42 contract is awarded to the lowest responsible bidder after obtaining 43 sealed bids; and 44 (ii) the board of the authority may by resolution adopt guidelines 45 that authorize the award of contracts to small business concerns, to 46 service disabled veteran owned businesses certified pursuant to article 47 seventeen-B of the executive law, or minority or women-owned business 48 enterprises certified pursuant to article fifteen-A of the executive 49 law, or purchases of goods or technology that are recycled or remanufac- 50 tured, in an amount not to exceed one million dollars without a formal 51 competitive process and without further board approval. The board of the 52 authority shall adopt guidelines which shall be made publicly available 53 for the awarding of such contract without a formal competitive process. 54 2. (a) Advertisement for bids, when required by this section, shall be 55 published at least once in a newspaper of general circulation in the 56 area served by the authority and in the procurement opportunities news-
A. 5828 73 1 letter published pursuant to article four-C of the economic development 2 law provided that, notwithstanding the provisions of such article, an 3 advertisement shall only be required for a purchase contract for 4 supplies, materials or equipment when required by this section. Publi- 5 cation in a newspaper of general circulation in the area served or in 6 the procurement opportunities newsletter shall not be required if bids 7 for contracts for supplies, materials or equipment are of a type regu- 8 larly purchased by the authority and are to be solicited from a list of 9 potential suppliers, if such list is or has been developed consistent 10 with the provisions of subdivision six of this section. Any such adver- 11 tisement shall contain a statement of: 12 (i) the time and place where bids received pursuant to any notice 13 requesting sealed bids will be publicly opened and read; 14 (ii) the name of the contracting agency; 15 (iii) the contract identification number; 16 (iv) a brief description of the public work, supplies, materials, or 17 equipment sought, the location where work is to be performed, goods are 18 to be delivered or services provided and the contract term; 19 (v) the address where bids or proposals are to be submitted; 20 (vi) the date when bids or proposals are due; 21 (vii) a description of any eligibility or qualification requirement or 22 preference; 23 (viii) a statement as to whether the contract requirements may be 24 fulfilled by a subcontracting, joint venture, or co-production arrange- 25 ment; 26 (ix) any other information deemed useful to potential contractors; and 27 (x) the name, address, and telephone number of the person to be 28 contacted for additional information. At least fifteen business days 29 shall elapse between the first publication of such advertisement or the 30 solicitation of bids, as the case may be, and the date of opening and 31 reading of bids. 32 (b) The authority may designate any officer or employee to open the 33 bids at the time and place bids are to be opened and may designate an 34 officer to award the contract to the lowest responsible bidder. Such 35 designee shall make a record of all bids in such form and detail as the 36 authority shall prescribe. All bids received shall be publicly opened 37 and read at the time and place specified in the advertisement or at the 38 time of solicitation, or to which the opening and reading have been 39 adjourned by the authority. All bidders shall be notified of the time 40 and place of any such adjournment. 41 3. Notwithstanding the foregoing, the authority may, by resolution 42 approved by a two-thirds vote, or by a majority vote with respect to 43 contracts proposed to be let pursuant to paragraph (a) of this subdivi- 44 sion, declare that competitive bidding is impractical or inappropriate 45 because of the existence of any of the circumstances hereinafter set 46 forth and thereafter the authority may proceed to award contracts with- 47 out complying with the requirements of subdivision one or two of this 48 section. In each case where the authority declares competitive bidding 49 impractical or inappropriate, it shall state the reason therefor in 50 writing and summarize any negotiations that have been conducted. Except 51 for contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of 52 this subdivision, the authority shall not award any contract pursuant to 53 this subdivision earlier than thirty days from the date on which the 54 authority declares that competitive bidding is impractical or inappro- 55 priate. Competitive bidding may only be declared impractical or inappro- 56 priate where:
A. 5828 74 1 (a) the existence of an emergency involving danger to life, safety or 2 property requires immediate action and cannot await competitive bidding 3 or the item to be purchased is essential to efficient operation or the 4 adequate provision of service and as a consequence of an unforeseen 5 circumstance such purchase cannot await competitive bidding; 6 (b) the item to be purchased is available only from a single responsi- 7 ble source, provided that if bids have not been solicited for such item 8 pursuant to subdivision one of this section within the preceding twelve 9 months public notice shall first be given pursuant to subdivision four 10 of this section; 11 (c) the authority receives no responsive bids or only a single respon- 12 sive bid in response to an invitation for competitive bids; 13 (d) the authority wishes to experiment with or test a product or tech- 14 nology or new source for such product or technology or evaluate the 15 service or reliability of such product or technology; 16 (e) the item is available through an existing contract between a 17 vendor and: (i) another public authority provided that such other 18 authority utilized a process of competitive bidding or a process of 19 competitive requests for proposals to award such contracts; (ii) Nassau 20 county; (iii) the state of New York; or (iv) the city of New York, 21 provided that in any case when under this paragraph the authority deter- 22 mines that obtaining such item thereby would be in the public interest 23 and sets forth the reasons for such determination. The authority shall 24 accept sole responsibility for any payment due the vendor as a result of 25 the authority's order; 26 (f) the authority determines that it is in the public interest to 27 award contracts pursuant to a process for competitive requests for 28 proposals as hereinafter set forth. For purposes of this section, a 29 process for competitive requests for proposals shall mean a method of 30 soliciting proposals and awarding a contract on the basis of a formal 31 evaluation of the characteristics, such as quality, cost, delivery sche- 32 dule and financing of such proposals against stated selection criteria. 33 Public notice of the requests for proposals shall be given in the same 34 manner as provided in subdivision four of this section and shall include 35 the selection criteria. In the event the authority makes a material 36 change in the selection criteria from those previously stated in the 37 notice, it will inform all proposers of such change and permit proposers 38 to modify their proposals; 39 (i) except for a contract with a value of one hundred million dollars 40 or less that is awarded pursuant to this paragraph to the proposer whose 41 proposal is the lowest cost, the authority may award a contract pursuant 42 to this paragraph only after a resolution approved by a two-thirds vote 43 of the board at a public meeting of the authority with such resolution: 44 (A) disclosing the other proposers and the substance of their proposals; 45 (B) summarizing the negotiation process including the opportunities, if 46 any, available to proposers to present and modify their proposals; and 47 (C) setting forth the criteria upon which the selection was made 48 provided however that for purposes of this subparagraph the board may, 49 at its discretion, require such a resolution be approved for contracts 50 with a value of one hundred million dollars or less; 51 (ii) nothing in this paragraph shall require or preclude (A) negoti- 52 ations with any proposers following the receipt of responses to the 53 request for proposals, or (B) the rejection of any or all proposals at 54 any time. Upon the rejection of all proposals, the authority may solicit 55 new proposals or bids in any manner prescribed in this section;
A. 5828 75 1 (g) the authority issues a competitive request for proposals pursuant 2 to the procedures of paragraph (f) of this subdivision for the purchase 3 or rehabilitation of rail cars and omnibuses. Any such request may 4 include among the stated selection criteria the performance of all or a 5 portion of the contract at sites within the state of New York or the use 6 of goods produced or services provided within the state of New York, 7 provided however that in no event shall the authority award a contract 8 to a manufacturer whose final offer, as expressed in unit cost is more 9 than ten percent higher than the unit cost of any qualified competing 10 final offer, if the sole basis for such award is that the higher priced 11 offer includes a more favorable provision for the performance of the 12 contract within the state of New York or the use of goods produced or 13 services provided within the state of New York, and further provided 14 that the authority's discretion to award a contract to any manufacturer 15 shall not be so limited if a basis for such award, as determined by the 16 authority, is superior financing, delivery schedule, life cycle, reli- 17 ability, or any other factor the authority deems relevant to its oper- 18 ations; 19 (i) except for a contract with a value of one hundred million dollars 20 or less that is awarded pursuant to this paragraph to the proposer whose 21 proposal is the lowest cost, the authority may award a contract pursuant 22 to this paragraph only after a resolution approved by a vote of not less 23 than a two-thirds vote of its members then in office at a public meeting 24 of the authority with such resolution: (A) disclosing the other propo- 25 sers and the substance of their proposals; (B) summarizing the negoti- 26 ation process including the opportunities, if any, available to propo- 27 sers to present and modify their proposals; and (C) setting forth the 28 criteria upon which the selection was made provided however that for 29 purposes of this subparagraph the board may, at its discretion, require 30 such a resolution be approved for contracts with a value of one hundred 31 million dollars or less; 32 (ii) nothing in this paragraph shall require or preclude: (A) negoti- 33 ations with any proposers following the receipt of responses to the 34 request for proposals; or (B) the rejection of any or all proposals at 35 any time. Upon the rejection of all proposals, the authority may solicit 36 new proposals or bids in any manner prescribed in this section. 37 4. Upon the adoption of a resolution by the authority stating, for 38 reasons of efficiency, economy, compatibility or maintenance reliabil- 39 ity, that there is a need for standardization, the authority may estab- 40 lish procedures whereby particular supplies, materials or equipment are 41 identified on a qualified products list. Such procedures shall provide 42 for products or vendors to be added to or deleted from such list and 43 shall include provisions for public advertisement of the manner in which 44 such lists are compiled. The authority shall review such list no less 45 than twice a year for the purpose of making such modifications. 46 Contracts for particular supplies, materials or equipment identified on 47 a qualified products list may be awarded by the authority to the lowest 48 responsible bidder after obtaining sealed bids in accordance with this 49 section or without competitive sealed bids in instances when the item is 50 available from only a single source, except that the authority may 51 dispense with advertising provided that it mails copies of the invita- 52 tion to bid to all vendors of the particular item on the qualified 53 products list. 54 5. The authority shall compile a list of potential sources of 55 supplies, materials or equipment regularly purchased. The authority 56 shall, by resolution, set forth the procedures it has established to
A. 5828 76 1 identify new sources and to notify such new sources of the opportunity 2 to bid for contracts for the purchase of supplies, materials or equip- 3 ment. Such procedures shall include, but not be limited to: 4 (a) advertising in trade journals; 5 (b) cooperation with federal, state and local agencies within its area 6 of operations; 7 (c) publication in the state register quarterly; and 8 (d) procedures established pursuant to subdivision thirteen of section 9 thirteen hundred forty-nine-j of this title. 10 6. The provisions of this section shall not supersede any other 11 provisions of law relative to purchases of products or devices manufac- 12 tured or provided by the blind or other severely handicapped persons, to 13 the invitation and acceptance of bids from small or minority business 14 enterprises or to the purchases of supplies, materials or equipment 15 through the office of general services. Except as may otherwise be 16 provided by law or as more restrictively defined in the official policy 17 or bid specifications of the authority, as used in this section the term 18 "small business" means a small business or similar term, under federal 19 regulations applicable to projects of the authority which are federally 20 assisted. 21 7. Notwithstanding any other provisions in this section, the authority 22 shall be allowed to use an electronic bidding system for the purchase of 23 goods, materials, and commodities that may inform bidders whether their 24 bid is the current low bid, and allow bidders to submit new bids before 25 the date and time assigned for the opening of bids. Such procedure shall 26 not constitute disclosure of bids in violation of section twenty-eight 27 hundred seventy-eight of this chapter. 28 8. The provisions of this section shall not apply to any procurement 29 made by any other public entity not otherwise required by law to award 30 contracts for such purchases to the lowest responsible bidder if such 31 purchases are made at the sole cost and expense of such entity. 32 9. (a) Whenever the comptroller pursuant to section twenty-eight 33 hundred seventy-nine-a of this chapter intends to require supervision in 34 the form of prior review and approval of a contract or contract amend- 35 ment to be awarded by the authority pursuant to this section, then such 36 contract or contract amendment shall be submitted to the comptroller by 37 the authority for approval and shall not be a valid enforceable contract 38 unless it shall first have been approved by the comptroller but only if 39 the comptroller has notified the authority of such determination within 40 thirty days of having received written notice of such contract or 41 contract amendment either in the authority's annual report or any 42 revised report; 43 (b) If the comptroller has timely notified the authority as provided 44 in paragraph (a) of this subdivision that any contract or contract 45 amendment shall be subject to comptroller prior review and approval, and 46 such contract or contract amendment has been submitted to the comp- 47 troller, it shall become valid and enforceable without such approval if 48 the comptroller has not approved or disapproved it within thirty days of 49 submission to the comptroller. 50 10. The award of construction contracts by the authority shall not be 51 subject to the provisions of section one hundred one of the general 52 municipal law. 53 § 1349-g. Big apple transit authority small business mentoring 54 program. 1. As used in this section, unless the context requires other- 55 wise:
A. 5828 77 1 (a) "Small business" means a business in the construction trades which 2 (i) is independently owned and operated; (ii) has annual revenues not 3 exceeding a fiscal limitation of five million dollars or such lesser 4 amount as established by the authority pursuant to these provisions; and 5 (iii) meets additional criteria as otherwise established by the chair- 6 person in consultation with the members of the big apple transit author- 7 ity small business mentoring program advisory committee. The chair of 8 the committee shall be the chief diversity officer of the authority. The 9 authority shall establish a detailed definition in general and specific 10 to different segments of the construction industry to the extent neces- 11 sary to reflect differing characteristics of such segments based on the 12 criteria used by the United States small business administration for 13 loans to small businesses as set forth in sections 121.301, 121.302, 14 121.303, 121.304, and 121.305, or for awarding government procurements 15 as set forth in sections 121.401, 121.402, 121.403, 121.404, 121.405, 16 121.406, 121.407, 121.408, 121.409, 121.410, 121.411, 121.412, and 17 121.413 of subpart A of part 121 of chapter I of title 13 of the Code of 18 Federal Regulations as amended, and such other criteria as determined by 19 the authority; 20 (b) "Small business mentoring program" means a program established by 21 the authority pursuant to these provisions to provide small businesses 22 accepted into the program with the opportunity: 23 (i) for up to four years, to compete for and, where awarded, to 24 perform certain authority public work contracts to be designated by the 25 authority for inclusion in this program under this subparagraph, with 26 the assistance of an authority-provided mentor, which shall be a firm 27 competitively selected by the authority that has extensive construction 28 management and mentoring experience, with the mentor to provide the 29 small business with advice and assistance in competing for and managing 30 authority public work contracts; and 31 (ii) for a small business mentoring program participant which the 32 authority has determined has successfully completed the program under 33 subparagraph (i) of this paragraph, for up to four additional years, (A) 34 additional opportunities to compete with other designated small busi- 35 nesses in the program for certain public work contracts to be designated 36 for inclusion under this subparagraph and, where awarded, to perform 37 such authority public work contracts, with the further assistance of an 38 authority-provided mentor, which shall be a firm competitively selected 39 by the authority that has extensive construction management and mentor- 40 ing experience, with the mentor to provide the small business with 41 advice and technical assistance in competing for and managing authority 42 public work contracts, and (B) authority-provided assistance, as deter- 43 mined by the authority, for such a small business to obtain bonding for 44 public work contracts that are competitively awarded pursuant to 45 provisions of law other than this section. 46 (c) "Small business mentoring program contract" means a non-federally 47 funded authority public work contract designated by the authority, in an 48 estimated amount of not more than one million dollars for contracts 49 under subparagraph (i) of paragraph (b) of this subdivision and three 50 million dollars for contracts under subparagraph (ii) of paragraph (b) 51 of this subdivision, for which bids or proposals are to be invited and 52 accepted only from businesses that are enrolled in the small business 53 mentoring program and have been selected by the authority to compete for 54 the contract. 55 2. (a) The authority may establish a small business mentoring program. 56 In connection therewith, the authority may determine the criteria pursu-
A. 5828 78 1 ant to which a small business shall be eligible for and selected to 2 participate in the program under subparagraphs (i) and (ii) of paragraph 3 (b) of subdivision one of this section, the number of participants to 4 participate in each of such components of the program, the criteria for 5 the competitive selection of the firms that will provide small busi- 6 nesses with mentoring services, the assignment of a mentor to a specific 7 small business in the small business mentoring program, and the funding 8 for the program. 9 (b) Under the small business mentoring program, the chairperson or the 10 chairperson's designee is authorized, notwithstanding any other 11 provision of law: 12 (i) to designate which eligible public work contracts shall be small 13 business mentoring program contracts under subparagraphs (i) and (ii) of 14 paragraph (b) of subdivision one of this section, respectively; 15 (ii) to establish standards for qualifying small business mentoring 16 program participants to compete for a small business mentoring program 17 contract, provided that no less than three qualified small businesses in 18 the program must submit responsive offers to perform the contract; 19 (iii) to determine when bids or proposals for a small business mentor- 20 ing program contract should be restricted to small business mentoring 21 program participants which, prior to the receipt of bids or proposals, 22 have been qualified by the authority for such competition; 23 (iv) to competitively select, designate and contract with one or more 24 experienced construction management firms that, under the general super- 25 vision of the authority, will provide mentoring services to the small 26 businesses participating in the small business mentoring program, and to 27 assign such mentors one or more designated small businesses participat- 28 ing in the program; 29 (v) for small business mentoring program contracts, except as set 30 forth herein, to waive requirements for the solicitation and award of a 31 public work contract pursuant to sections twelve hundred nine, thirteen 32 hundred forty-nine-f and twenty-eight hundred seventy-nine of this chap- 33 ter and any other provision of law; 34 (vi) to assist only small business mentoring program participants that 35 have been awarded small business mentoring program contracts to obtain 36 any surety bond or contract of insurance required of them in connection 37 with such contract only notwithstanding any provision of section two 38 thousand five hundred four of the insurance law to the contrary; and 39 (vii) for small businesses that have been accepted into the small 40 business mentoring program under subparagraph (ii) of paragraph (b) of 41 subdivision one of this section, in addition to the benefits of such 42 program and notwithstanding any other provision of law, to provide tech- 43 nical assistance in obtaining bids, payment and performance bonding for 44 authority public work contracts that are not small business mentoring 45 program contracts, for which the small business is otherwise qualified. 46 3. (a) If the total number of qualified small business mentoring 47 program participants that respond to a competition and are considered 48 capable of meeting the specifications and terms of the invitation to 49 compete is less than three, or if the chairperson or the chairperson's 50 designee determines that acceptance of the best offer will result in the 51 payment of an unreasonable price, the authority may reject all offers 52 and withdraw the designation of the contract as a small business mentor- 53 ing program contract. 54 (b) If the authority withdraws the designation of contract as a small 55 business mentoring program contract, the firms, if any, that made offers 56 shall be notified. Invitations to compete containing the same or rewrit-
A. 5828 79 1 ten specifications and terms shall then be re-issued as a small business 2 mentoring program contract for one or more additional contract period. 3 4. A mentor shall provide services and assistance to a small business 4 as designated by the authority, which may include the following: 5 (a) provide business training in the skills necessary to operate a 6 successful construction business and to compete for and perform a public 7 work contract; 8 (b) provide technical assistance to the small business to assess the 9 outcome if the small business competes for but is not awarded a 10 contract; 11 (c) if the small business mentoring program contract is awarded to the 12 small business, provide guidance, advice and technical assistance to the 13 small business in the performance of the contract; and 14 (d) provide other technical assistance to the small business to facil- 15 itate learning, training and other issues which may arise. 16 5. The authority may delegate to the chairperson or the chairperson's 17 designee, the authority's responsibilities set forth in this title. 18 6. The small business mentoring program contracts authorized by this 19 legislation shall, for the initial year of the program, be in an aggre- 20 gate amount of not less than ten million dollars, and shall not exceed 21 one hundred million dollars, with the maximum amount in future years to 22 be set by the chairperson. 23 § 1349-h. Special powers of the authority. In order to effectuate the 24 purposes of this title: 25 1. The authority may acquire, by purchase, gift, grant, transfer, 26 contract or lease, any transportation facility, wholly or partially 27 within the city, or any part thereof, or the use thereof, and may enter 28 into any joint service arrangements as hereinafter provided. Any such 29 acquisition or joint service arrangement shall be authorized only by 30 resolution of the authority approved by not less than a majority vote. 31 2. The authority may on such terms and conditions as the authority may 32 determine necessary, convenient or desirable itself plan, design, 33 acquire, establish, construct, effectuate, operate, maintain, renovate, 34 improve, extend, rehabilitate or repair any transportation facility, or 35 may provide for such planning, design, acquisition, establishment, 36 construction, effectuation, operation, maintenance, renovation, improve- 37 ment, extension, rehabilitation or repair by contract, lease or other 38 arrangement on such terms as the authority may deem necessary, conven- 39 ient or desirable with any person, including but not limited to any 40 common carrier or freight forwarder, the state, any state agency, the 41 federal government, any other state or agency or instrumentality there- 42 of, any public authority of this or any other state, the port of New 43 York authority or any political subdivision or municipality of the 44 state. In connection with the operation of any transportation facility, 45 the authority may plan, design, acquire, establish, construct, effectu- 46 ate, operate, maintain, renovate, improve, extend or repair or may 47 provide by contract, lease or other arrangement for the planning, 48 design, acquisition, establishment, construction, effectuation, opera- 49 tion, maintenance, renovation, improvement, extension or repair of any 50 related services and activities it deems necessary, convenient or desir- 51 able, including but not limited to the transportation and storage of 52 freight and the United States mail, feeder and connecting transporta- 53 tion, parking areas, transportation centers, stations and related facil- 54 ities. 55 3. (a) Except as directed in paragraph (c) of this subdivision, the 56 authority shall establish, levy and collect or cause to be established,
A. 5828 80 1 levied and collected and, in the case of a joint service arrangement, 2 join with others in the establishment, levy and collection of such 3 fares, tolls, rentals, rates, charges and other fees necessary for the 4 use and operation of any transportation facility and related services 5 operated by the authority or by a subsidiary corporation of the authori- 6 ty or under contract, lease or other arrangement, including joint 7 service arrangements, with the authority. Any such fares, tolls, 8 rentals, rates, charges or other fees for the transportation of passen- 9 gers shall be established and changed only if approved by resolution of 10 the authority adopted by not less than a majority vote and only after a 11 public hearing, provided however, that fares, tolls, rentals, rates, 12 charges or other fees for the transportation of passengers on any trans- 13 portation facility which are in effect at the time that the then owner 14 of such transportation facility becomes a subsidiary corporation of the 15 authority or at the time that operation of such transportation facility 16 is commenced by the authority or is commenced under contract, lease or 17 other arrangement, including joint service arrangements, with the 18 authority may be continued in effect without such a hearing. Such fares, 19 tolls, rentals, rates, charges and other fees shall be established as 20 may in the judgment of the authority be necessary to maintain the 21 combined operations of the authority and its subsidiary corporations on 22 a self-sustaining basis and to ensure that the operations of the author- 23 ity are such that, at the end of the fiscal year, the results thereof 24 shall not show a deficit when reported in accordance with generally 25 accepted accounting principles unless such deficit is offset by funds 26 withdrawn from reserves therefor. The said operations shall be deemed to 27 be on a self-sustaining basis as required by this title, when the 28 authority is able to pay or cause to be paid from revenue and any other 29 funds or property actually available to the authority and its subsidiary 30 corporations (i) as the same shall become due, the principal of and 31 interest on the bonds and notes and other obligations of the authority 32 and its subsidiaries, and the metropolitan transportation authority, 33 together with the maintenance of proper reserves therefor, (ii) the cost 34 and expense of keeping the properties and assets of the authority and 35 its subsidiary corporations in good condition and repair, and (iii) the 36 capital and operating expenses of the authority and its subsidiary 37 corporations. The authority may contract with the holders of bonds and 38 notes with respect to the exercise of the powers authorized by this 39 section. No acts or activities taken or proposed to be taken by the 40 authority or any subsidiary of the authority pursuant to the provisions 41 of this subdivision shall be deemed to be "actions" for the purposes or 42 within the meaning of article eight of the environmental conservation 43 law. 44 (b) All fares, tolls, rentals, rates, charges, and other fees estab- 45 lished, levied, and collected or caused to be established, levied, and 46 collected by the authority and its affiliates, shall first be trans- 47 ferred to the metropolitan transportation authority in order to maintain 48 the metropolitan transportation authority on a self-sustaining basis 49 unless already pledged to secure, and necessary to satisfy the debt 50 service or reserve requirements of, bonds, notes or other obligations of 51 the New York city transit authority or the Triborough bridge and tunnel 52 authority prior to January first, two thousand twenty-six. 53 (c) In the event that the monthly revenues of the metropolitan trans- 54 portation authority fall below one hundred twenty-five percent of the 55 amount necessary to maintain the operations of the metropolitan trans- 56 portation authority on a self-sustaining basis, as defined by section
A. 5828 81 1 twelve hundred sixty-six of this article, the authority shall, at the 2 direction of the metropolitan transportation authority, establish, levy 3 and collect or cause to be established, levied and collected, in the 4 case of a joint service arrangement, and join with others in the estab- 5 lishment, levy and collection of such fares, tolls, rentals, rates, 6 charges and other fees as the metropolitan transportation authority may 7 deem necessary, convenient or desirable for the use and operation of any 8 transportation facility and related services operated by the authority 9 or by a subsidiary corporation of the authority or under contract, lease 10 or other arrangement, including joint service arrangements, with the 11 authority, until such time that monthly revenues of the metropolitan 12 transportation authority has exceeded, for three consecutive months, two 13 hundred percent of the amount necessary to maintain the monthly oper- 14 ations of the metropolitan transportation authority on a self-sustaining 15 basis. 16 4. In furtherance of the authority's mandate to develop and implement 17 a unified mass transportation policy for the city and the exercise of 18 its powers, including the power to issue notes, bonds and other obli- 19 gations secured in whole or in part by the revenues of the authority and 20 its subsidiaries, and New York city transit authority and its subsid- 21 iaries, the authority shall join with the New York city transit authori- 22 ty and its subsidiaries in connection with any change in the establish- 23 ment, levy and collection of fares, tolls, rentals, rates, charges and 24 other fees for the transportation of passengers on any transportation 25 facilities operated by New York city transit authority and its subsid- 26 iaries. Such fares, tolls, rentals, charges and other fees on transit 27 facilities shall be established in accordance with the requirements of 28 sections twelve hundred five and twelve hundred seven-i of this article. 29 5. The authority may establish and, in the case of joint service 30 arrangements, join with others in the establishment of such schedules 31 and standards of operations and such other rules and regulations includ- 32 ing but not limited to rules and regulations governing the conduct and 33 safety of the public as it may deem necessary, convenient or desirable 34 for the use and operation of any transportation facility and related 35 services operated by the authority or under contract, lease or other 36 arrangement, including joint service arrangements, with the authority. 37 In the case of any conflict between any such rule or regulation of the 38 authority governing the conduct or the safety of the public and any 39 local law, ordinance, rule or regulation, such rule or regulation of the 40 authority shall prevail. Violation of any such rule or regulation of 41 the authority governing the conduct or the safety of the public in or 42 upon any facility of the authority shall constitute an offense and shall 43 be punishable by a fine not exceeding fifty dollars or imprisonment for 44 not more than thirty days or both or may be punishable by the imposition 45 of a civil penalty by the transit adjudication bureau established pursu- 46 ant to the provisions of title nine of this article. 47 6. The authority may acquire, hold, own, lease, establish, construct, 48 effectuate, operate, maintain, renovate, improve, extend or repair any 49 transportation facilities through, and cause any one or more of its 50 powers, duties, functions or activities to be exercised or performed by, 51 one or more wholly owned subsidiary corporations of the authority, or by 52 New York city transit authority or any of its subsidiary corporations in 53 the case of transit facilities and may transfer to or from any such 54 corporations any moneys, real property or other property for any of the 55 purposes of this title upon such terms and conditions as shall be agreed 56 to and subject to such payment or repayment obligations as are required
A. 5828 82 1 by law or by any agreement to which any of the affected entities is 2 subject. The directors or members of each such subsidiary corporation of 3 the authority corporation shall be the same persons holding the offices 4 of members of the authority. The chairperson of the board of each such 5 subsidiary shall be the chairperson of the authority, serving ex officio 6 and, provided that there is an executive director of the big apple tran- 7 sit authority, the executive director of such subsidiary shall be the 8 executive director of the big apple transit authority, serving ex offi- 9 cio. Notwithstanding any provision of law to the contrary, the chair- 10 person shall be the chief executive officer of each such subsidiary and 11 shall be responsible for the discharge of the executive and administra- 12 tive functions and powers of each such subsidiary. The chairperson and 13 executive director, if any, shall be empowered to delegate their respec- 14 tive functions and powers to one or more officers or employees of each 15 such subsidiary designated by such chair or director. Each such subsid- 16 iary corporation of the authority and any of its property, functions and 17 activities shall have all of the privileges, immunities, tax exemptions 18 and other exemptions of the authority and of the authority's property, 19 functions and activities. Each such subsidiary corporation shall be 20 subject to the restrictions and limitations to which the authority may 21 be subject. Each such subsidiary corporation of the authority shall be 22 subject to suit in accordance with section thirteen hundred forty-nine- 23 mm of this title. The employees of any such subsidiary corporation, 24 except those who are also employees of the authority, shall not be 25 deemed employees of the authority. 26 7. If the authority shall determine that one or more of its subsidiary 27 corporations should be in the form of a public benefit corporation, it 28 shall create each such public benefit corporation by executing and 29 filing with the secretary of state a certificate of incorporation, which 30 may be amended from time to time by filing, which shall set forth the 31 name of such public benefit subsidiary corporation, its duration, the 32 location of its principal office, and any or all of the purposes of 33 acquiring, owning, leasing, establishing, constructing, effectuating, 34 operating, maintaining, renovating, improving, extending or repairing 35 one or more facilities of the authority. Each such public benefit 36 subsidiary corporation shall be a body politic and corporate and shall 37 have all those powers vested in the authority by the provisions of this 38 title which the authority shall determine to include in its certificate 39 of incorporation except the power to contract indebtedness. 40 8. Whenever any state, political subdivision, municipality, commis- 41 sion, agency, officer, department, board, division or person is author- 42 ized and empowered for any of the purposes of this title to co-operate 43 and enter into agreements with the authority such state, political 44 subdivision, municipality, commission, agency, officer, department, 45 board, division or person shall have the same authorization and power 46 for any of such purposes to co-operate and enter into agreements with a 47 subsidiary corporation of the authority. 48 9. Each of the authority and its subsidiaries, and the New York city 49 transit authority and its subsidiaries, in its own name or in the name 50 of the city, may apply for and receive and accept grants of property, 51 money and services and other assistance offered or made available to it 52 by any person, government or agency, which it may use to meet capital or 53 operating expenses and for any other use within the scope of its powers, 54 and to negotiate for the same upon such terms and conditions as the 55 respective authority may determine to be necessary, convenient or desir- 56 able.
A. 5828 83 1 10. Subject to the rights of the holders of any outstanding bonds, 2 notes or other obligations of the authority, New York city transit 3 authority and Triborough bridge and tunnel authority, and to facilitate 4 the efficient financial management of the authority, its subsidiary 5 corporations, New York city transit authority and its subsidiary corpo- 6 rations, and Triborough bridge and tunnel authority (the "affiliated 7 entities"), the authority may, and may permit and direct any affiliated 8 entity to, transfer revenues, subsidies and other monies or securities 9 to one or more funds or accounts of another affiliated entity for use by 10 such other affiliated entity, provided at the time of such transfer it 11 is reasonably anticipated that the monies and securities so transferred 12 will be reimbursed, repaid or otherwise provided for by the end of the 13 next succeeding calendar year if reimbursement or repayment is required 14 by law or by any agreement to which any of the affected affiliated enti- 15 ties is subject. Any revenues of an affiliated entity that are trans- 16 ferred to another affiliated entity, which transfer was not authorized 17 by a provision of law other than this subdivision, shall be considered 18 to be required to be repaid to the affiliated entity which was the 19 source of such revenues by the end of the next succeeding calendar year 20 following such transfer. 21 11. The authority may lease railroad cars for use in its passenger 22 service pursuant to the provisions of chapter six hundred thirty-eight 23 of the laws of nineteen hundred fifty-nine. 24 12. The authority may do all things it deems necessary, convenient or 25 desirable to manage, control and direct the maintenance and operation of 26 transportation facilities, equipment or real property operated by or 27 under contract, lease or other arrangement with the authority and its 28 subsidiaries, and New York city transit authority and its subsidiaries. 29 Except as hereinafter specially provided, no municipality or political 30 subdivision other than the city of New York, including but not limited 31 to a county, city, village, town or school or other district shall have 32 jurisdiction over any facilities of the authority and its subsidiaries, 33 and New York city transit authority and its subsidiaries, or any of 34 their activities or operations. The local laws, resolutions, ordinances, 35 rules and regulations of a municipality or political subdivision, here- 36 tofore or hereafter adopted, conflicting with this title or any rule or 37 regulation of the authority or its subsidiaries, or New York city trans- 38 it authority or its subsidiaries, shall not be applicable to the activ- 39 ities or operations of the authority and its subsidiaries, and New York 40 city transit authority, or the facilities of the authority and its 41 subsidiaries, and New York city transit authority and its subsidiaries, 42 except such facilities that are devoted to purposes other than transpor- 43 tation or transit purposes. Each municipality or political subdivision, 44 including but not limited to a county, city, village, town or district 45 in which any facilities of the authority or its subsidiaries, or New 46 York city transit authority or its subsidiaries are located shall 47 provide for such facilities police, fire and health protection services 48 of the same character and to the same extent as those provided for resi- 49 dents of such municipality or political subdivision. 50 13. The jurisdiction, supervision, powers and duties of the department 51 of transportation of the state under the transportation law shall not 52 extend to the authority in the exercise of any of its powers under this 53 title. The authority may agree with such department for the execution by 54 such department of any grade crossing elimination project or any grade 55 crossing separation reconstruction project along any railroad facility 56 operated by the authority or by one of its subsidiary corporations or
A. 5828 84 1 under contract, lease or other arrangement with the authority. Any such 2 project shall be executed as provided in article ten of the transporta- 3 tion law and the railroad law, respectively, and the costs of any such 4 project shall be borne as provided in such laws, except that the author- 5 ity's share of such costs shall be borne by the state. 6 14. Notwithstanding the provisions of any other law, general, special 7 or local, or of any agreement entered into in pursuance thereof, relat- 8 ing to the repayment of any loan or advance made by the city or the 9 state to the authority or to the New York city transit authority, 10 neither the authority nor the New York city transit authority shall be 11 required to repay any such loan or advance heretofore made from or by 12 reason of the issuance of bonds or notes of either of them or from the 13 proceeds realized upon such issuance or from any other funds received by 14 either of them from any source whatever in aid or assistance of the 15 project or projects for the financing of which such bonds or notes are 16 issued. 17 15. No project to be constructed upon real property theretofore used 18 for a transportation purpose, or on an insubstantial addition to such 19 property contiguous thereto, which will not change in a material respect 20 the general character of such prior transportation use, nor any acts or 21 activities in connection with such project, shall be subject to the 22 provisions of article eight, nineteen, twenty-four, or twenty-five of 23 the environmental conservation law, or to any local law or ordinance 24 adopted pursuant to any such article. Nor shall any acts or activities 25 taken or proposed to be taken by the authority or by any other person or 26 entity, public or private, in connection with the planning, design, 27 acquisition, improvement, construction, reconstruction or rehabilitation 28 of a transportation facility, other than a marine or aviation facility, 29 be subject to the provisions of article eight of the environmental 30 conservation law, or to any local law or ordinance adopted pursuant to 31 any such article if such acts or activities require the preparation of a 32 statement under or pursuant to any federal law or regulation as to the 33 environmental impact thereof. 34 16. The authority may, upon suitable notice to and an offer to consult 35 with an officer designated by the city of New York, occupy the streets 36 of the city of New York for the purpose of doing any work over or under 37 the same in connection with the improvement, construction, recon- 38 struction or rehabilitation of a transportation facility without the 39 consent of or payment to such city. 40 17. The authority and each of its subsidiary corporations shall place 41 on each transformer and substation which contains polychlorinated biphe- 42 nyls a symbol so indicating the presence of polychlorinated biphenyls. 43 Use of a polychlorinated biphenyl mark illustrated in the rules and 44 regulations promulgated pursuant to the federal Toxic Substances Control 45 Act shall constitute compliance with the provisions of this subdivision. 46 18. (a) Notwithstanding any other provisions of law or the terms of 47 any contract, the authority shall establish and implement a no fare 48 program for transportation for individuals serving as personal care 49 attendants accompanying an Americans with Disabilities Act paratransit 50 eligible individual. 51 (b) In order to be eligible for such no fare program the personal care 52 attendant must show their community based personal care attendant agency 53 issued identification card. 54 (c) In order to be considered accompanying an Americans with Disabili- 55 ties Act paratransit eligible individual the personal care attendant
A. 5828 85 1 shall have the same origin and destination as such paratransit eligible 2 individual. 3 19. Notwithstanding any other provision of law, the authority and any 4 of its subsidiary corporations shall establish and implement a half fare 5 rate program for persons with serious mental illness who are eligible to 6 receive supplemental security income benefits as defined pursuant to 7 title sixteen of the federal Social Security Act and section two hundred 8 nine of the social services law. 9 20. The authority shall conduct a campaign of public outreach to 10 inform the public of the provisions pertaining to assault on employees 11 as provided by subdivision eleven of section 120.05 of the penal law. 12 § 1349-i. Medical emergency services. The authority is hereby author- 13 ized and directed to prepare and develop a medical emergency services 14 program to be implemented at a time to be specified in such program for 15 the benefit of persons utilizing transportation and other related 16 services of the authority. Such program may include but not be limited 17 to the provision for the following: the training of designated employees 18 in first aid, emergency techniques and procedures, handling and posi- 19 tioning of stricken commuters, and knowledge of procedures and equipment 20 used for respiratory and cardiac emergencies. Such program shall be 21 submitted to the legislature not later than one hundred eighty days 22 after the effective date of this section. 23 § 1349-j. Transit projects. 1. Subject to the provisions of this 24 section, the authority is hereby authorized, upon the request of the New 25 York city transit authority and upon such terms and conditions as shall 26 be agreed to by the authority (a) to plan, design, acquire, construct, 27 reconstruct, rehabilitate and improve facilities, equipment, devices and 28 appurtenances, and property or property rights constituting or to 29 constitute part of, or used or to be used in connection with the opera- 30 tion of any transit facility now or hereafter owned or operated by the 31 New York city transit authority or any of its subsidiaries, each of such 32 activities and programs being referred to in this section as a "transit 33 project"; (b) to finance the costs of a transit project by the issuance 34 of its notes, bonds or lease obligations; and (c) upon the completion of 35 any transit project or part thereof, to cause the same to be trans- 36 ferred, leased or subleased to the New York city transit authority or 37 its designated subsidiary or other designee, for consideration. The 38 terms "facilities", "equipment", "devices and appurtenances", "property" 39 or "property rights" and "transit facility" shall have the meanings 40 given to such terms in section twelve hundred of this article. The 41 authority shall have no obligation to operate or, except as may other- 42 wise be provided in any lease to which it may be a party as hereinafter 43 provided, repair or maintain any transit project or part thereof subse- 44 quent to its completion nor shall it be liable to the transferee, lessee 45 or sublessee by reason of any warranty, express or implied, in respect 46 thereof. Warranties furnished in connection with such transit project 47 shall be assignable and assigned as directed by the New York city trans- 48 it authority and approved by the authority. 49 2. In connection with any transit project, and in order to effectuate 50 the purposes of this section, the authority shall, subject to the 51 provisions of this section, have all of the powers provided elsewhere in 52 this title, and, in addition, the authority may: 53 (a) issue its notes or bonds to finance all or any part of the costs 54 of a transit project; 55 (b) finance all or any part of the costs to the authority or to any 56 other person or entity, public or private, of such transit project
A. 5828 86 1 through, or accompanied by, a leasing of such project or any part there- 2 of by such person or entity to the authority or through or accompanied 3 by a sale by the authority to any such person or entity and leaseback to 4 the authority, in each case for subleasing to the New York city transit 5 authority, its designated subsidiary or other designee for consider- 6 ation, except that such leasing or leaseback from such person or entity 7 may be made directly to the New York city transit authority or its 8 designated subsidiary or other designee with the consent of the authori- 9 ty; 10 (c) issue its notes or bonds to defease the lien of, refund or other- 11 wise repay any outstanding notes, bonds or other obligations of the New 12 York city transit authority which in the judgment of the authority would 13 otherwise delay, impede or prevent its financing a transit project; 14 (d) accept the notes, bonds, lease, sublease and other contractual 15 obligations of the New York city transit authority and any of its desig- 16 nated subsidiaries in payment for a transfer, lease or sublease of a 17 transit project; 18 (e) accept from the New York city transit authority or its designated 19 subsidiary or from the city of New York, acting by its mayor alone, a 20 transfer of title to or the use, occupancy, control or possession of any 21 real or personal property (or any interest therein) needed or useful for 22 or in connection with any transit project; 23 (f) obtain security for the payment by the New York city transit 24 authority or its designated subsidiary of its notes, bonds, lease, 25 sublease or other contractual obligations, including a pledge of all or 26 any part of any of their revenues, which pledge may contain covenants 27 with respect to the charging and fixing of fares, fees and rentals, the 28 use and disposition of such fares, fees, rentals and other revenues, and 29 the setting aside of reserves therefrom; 30 (g) with the consent of the New York city transit authority or its 31 designated subsidiary, use, with or without compensation, its agents, 32 employees and facilities; and 33 (h) apply for, accept, enter into contracts for, administer and 34 disburse any federal, state or local aid or assistance, subject to the 35 terms and conditions thereof, which may be available for any transit 36 project. 37 3. All of the provisions of this title not inconsistent with the 38 provisions of this section shall be applicable with respect to any 39 bonds, notes or lease obligations of the authority issued or entered 40 into to finance any transit project, or to defease the lien of, refund 41 or otherwise repay outstanding bonds, notes or other obligations of the 42 New York city transit authority, subject to the following conditions: 43 (a) such bonds and notes shall be payable as to principal, redemption 44 premium, if any, and interest and such other obligations shall be paya- 45 ble, all in the manner more particularly provided by the authority in 46 the resolution under which the same shall be authorized to be issued; 47 (b) such lease obligations shall be non-recourse obligations limited 48 to the recovery of the leased property by the lessor and as to the 49 payments of sums of money coming due thereunder, to proceedings against 50 the sublessee under any underlying sublease or pursuant to any pledge or 51 assignment given to secure sums payable under such underlying sublease; 52 (c) no bonds or notes of the authority shall be issued for the purpose 53 of defeasing the lien of, refunding or otherwise repaying outstanding 54 bonds, notes or other obligations of the New York city transit authority 55 unless (i) the city of New York shall have entered into an agreement on 56 terms satisfactory to the authority to make periodic payments to the New
A. 5828 87 1 York city transit authority, and (ii) the New York city transit authori- 2 ty shall have entered into an agreement on terms satisfactory to the 3 authority to make periodic payments to the authority, in each case 4 sufficient to pay, when due, the principal, redemption premium, if any, 5 and interest upon the bonds or notes of the authority issued to effect 6 such defeasance, refunding or repayment; 7 (d) notwithstanding and in addition to any provisions for the redemp- 8 tion of such bonds or notes which may be contained in any contract with 9 the holders thereof, the city of New York may, upon furnishing suffi- 10 cient funds therefor, require the authority to redeem as a whole any 11 issue of such bonds or notes at the time or times and at the place or 12 places and in accordance with the terms upon which such bonds or notes 13 are redeemable; and 14 (e) the city of New York shall not be liable on such bonds or notes, 15 and such bonds or notes shall not be a debt of the city of New York, and 16 shall contain on the face thereof a statement to such effect. 17 4. The authority shall not undertake any transit project unless the 18 New York city transit authority or the subsidiary for whose benefit the 19 transit project is to be undertaken, or both, shall pay or agree to pay, 20 in the form of a bond, note, lease, sublease or other contractual obli- 21 gation, in a manner and on terms and conditions satisfactory to the 22 authority, any portion of the costs to the authority of such transit 23 project and the financing thereof which is not paid to the authority 24 from any federal, state or local aid or assistance or which is not paya- 25 ble from any other moneys made available or payable to the authority by 26 others for such project. 27 5. Neither the provisions of section one hundred ninety-seven-c of the 28 New York city charter, relating to a uniform land use review procedure, 29 nor the provisions of any other local law of the city of New York of 30 like or similar tenor or import shall apply (a) to the acquisition of 31 any real property, or any interest therein, for the purposes of any 32 transit project by the city or by the New York city transit authority or 33 any of its subsidiaries; (b) to the subsequent transfer of any real 34 property (or interest therein) so acquired to the authority or its 35 designee for the purposes of such project or to the transfer to the 36 authority or its designee for such purposes of any real property (or 37 interest therein) then owned by the city or by the New York city transit 38 authority or any such subsidiary; nor (c) to the transfer to the author- 39 ity or its designee for such purposes of the right of use, occupancy, 40 control or possession of any real property (or interest therein), wheth- 41 er presently owned or hereafter acquired by the city or by the New York 42 city transit authority or any such subsidiary; provided in each such 43 case, however, that if at the time of such proposed acquisition or 44 transfer the real property which is the subject of such acquisition or 45 transfer is not then being utilized for a transit or transportation 46 purpose or is not an insubstantial addition to such property contiguous 47 thereto; (i) the authority proposing to acquire or receive such property 48 shall, unless a submission with respect to such property has previously 49 been made and approved as herein provided, submit to the community board 50 for the community district in which such property is located, data with 51 respect to the proposed use of such property and to the design of any 52 facility proposed to be constructed thereon; (ii) such community board 53 shall inform the council of the city of New York, with copies to the 54 city planning commission of the city of New York and the proposing 55 authority, of its views and recommendations with respect thereto within 56 forty-five days of such submission, and if the community board shall
A. 5828 88 1 fail to so inform such council within such period it shall be deemed to 2 have recommended the proposal; and (iii) such council shall, within 3 forty-five days of the recommendation of the community board, approve or 4 disapprove such acquisition or transfer, and if such council shall fail 5 to act within such period it shall be deemed to have approved the same. 6 6. In its performance of any transit project, the authority shall not 7 be deemed the agent or instrumentality of the city of New York or the 8 New York city transit authority or any of its subsidiaries notwithstand- 9 ing the fact that title to any real or personal property (or any inter- 10 est therein) which is the subject of or is a part of such project is 11 held by or upon completion of such project is to be transferred to such 12 other entity. In its performance of any transit project, however, the 13 provisions of section twelve hundred nine of this article shall apply to 14 the authority as if it were the authority referred to in such section. 15 7. The authority, in addition to the powers provided elsewhere in this 16 title, shall possess all of the powers, rights and privileges of the New 17 York city transit authority or its designated subsidiary in connection 18 with the undertaking by the authority of any transit project. The 19 authority, upon suitable notice to and an offer to consult with an offi- 20 cer designated by the city of New York, may occupy the streets of the 21 city of New York for the purpose of doing any work over or under the 22 same in connection with any transit project without the consent of or 23 payment to such city. 24 8. After the transfer, transfer back, lease or sublease to the New 25 York city transit authority or its designated subsidiary or other desig- 26 nee of any transit project or part thereof, actions for damages for 27 injuries to real or personal property or for the destruction thereof, or 28 for personal injuries or death, based upon the use, condition or state 29 of such project or part thereof may not be instituted against the 30 authority, which shall have no liability or responsibility to the trans- 31 feree, lessee or sublessee or to third parties therefor. 32 9. Except as the authority shall otherwise agree, title to any transit 33 project or any part thereof or interest therein which shall have been 34 transferred, leased, or subleased to the New York city transit authority 35 or its designated subsidiary, shall remain in such transferee, lessee, 36 or sublessee notwithstanding any provision of title nine of this article 37 or of any lease or other agreement entered into under the provisions of 38 such title to the contrary. 39 10. The providing of any transit project shall not relieve the city of 40 New York of its obligations under law and by lease to pay the capital 41 costs of the New York city transit authority or its subsidiaries. 42 11. No transit project to be constructed upon real property to be used 43 for a transit or transportation purpose, or on an insubstantial addition 44 to such property contiguous thereto, which will not change in a material 45 respect the general character of such prior transit or transportation 46 use, nor any acts or activities in connection with such project, shall 47 be subject to the provisions of article eight, nineteen, twenty-four or 48 twenty-five of the environmental conservation law, or to any local law 49 or ordinance adopted pursuant to any such article. Nor shall any trans- 50 it project or any acts or activities in connection therewith taken by 51 any person or entity, public or private, pursuant to this section be 52 subject to the provisions of article eight of the environmental conser- 53 vation law if such project, acts or activities require the preparation 54 of a statement under or pursuant to any federal law or regulation as to 55 the environmental impact thereof.
A. 5828 89 1 12. The provisions of this section and of all agreements undertaken by 2 the New York city transit authority in accordance therewith shall in all 3 respects be subject to the rights of the holders of any outstanding 4 bonds or notes of such authority. 5 13. (a) All contracts for design, construction, services and materials 6 pursuant to this title of whatever nature and all documents soliciting 7 bids or proposals therefor shall contain or make reference to the 8 following provisions: 9 (i) The contractor will not discriminate against employees or appli- 10 cants for employment because of race, creed, color, national origin, 11 sex, age, disability, or marital status, and will undertake or continue 12 existing programs of affirmative action to ensure that minority group 13 persons and women are afforded equal opportunity without discrimination. 14 Such programs shall include, but not be limited to, recruitment, employ- 15 ment, job assignment, promotion, upgrading, demotion, transfer, layoff, 16 termination, rates of pay or other forms of compensation, and selections 17 for training or retraining, including apprenticeship and on-the-job 18 training. 19 (ii) At the request of the New York city transit authority, the big 20 apple transit authority, and their subsidiaries, the contractor shall 21 request each employment agency, labor union, or authorized represen- 22 tative of workers with which it has a collective bargaining or other 23 agreement or understanding and which is involved in the performance of 24 the contract with the authority to furnish a written statement that such 25 employment agency, labor union or representative shall not discriminate 26 because of race, creed, color, national origin, sex, age, disability or 27 marital status and that such union or representative will cooperate in 28 the implementation of the contractor's obligations under this section. 29 (iii) The contractor will state, in all solicitations or advertise- 30 ments for employees placed by or on behalf of the contractor in the 31 performance of the contract with the authority, that all qualified 32 applicants will be afforded equal employment opportunity without 33 discrimination because of race, creed, color, national origin, sex, age, 34 disability or marital status. 35 (iv) The contractor will include the provisions of subparagraphs (i), 36 (ii), and (iii) of this paragraph in every subcontract or purchase order 37 in such a manner that such provisions will be binding upon each subcon- 38 tractor or vendor as to its work in connection with the contract with 39 the authority. 40 (b) The authority shall establish procedures and guidelines to ensure 41 that contractors and subcontractors undertake programs of affirmative 42 action and equal employment opportunity as required by this subdivision. 43 Such procedures may require after notice in a bid solicitation, the 44 submission of an affirmative action program prior to the award of any 45 contract, or at any time thereafter, and may require the submission of 46 compliance reports relating to the operation and implementation of any 47 affirmative action program adopted pursuant to this section. The author- 48 ity may take appropriate action including contractual sanctions for 49 non-compliance to effectuate the provisions of this subdivision and 50 shall be responsible for monitoring compliance with this title. 51 14. (a)(i) In the performance of projects pursuant to this title 52 minority and women-owned business enterprises shall be given the oppor- 53 tunity for meaningful participation. The authority provided for in this 54 title shall establish measures and procedures to secure meaningful 55 participation and identify those contracts and items of work for which 56 minority and women-owned business enterprises may best bid to actively
A. 5828 90 1 and affirmatively promote and assist their participation in the 2 projects, so as to facilitate the award of a fair share of contracts to 3 such enterprises; provided, however, that nothing in this title shall be 4 construed to limit the ability of the authority to assure that qualified 5 minority and women-owned business enterprises may participate in the 6 program. 7 (A) For purposes of this section, minority business enterprise shall 8 mean any business enterprise which is at least fifty-one per centum 9 owned by, or in the case of a publicly owned business, at least fifty- 10 one per centum of the stock of which is owned by citizens or permanent 11 resident non-citizens who are African-American, Hispanic, Asian or Amer- 12 ican Indian, Pacific Islander or Alaskan natives and such ownership 13 interest is real, substantial and continuing and have the authority to 14 independently control the day to day business decisions of the entity 15 for at least one year; and women-owned business enterprise shall mean 16 any business enterprise which is at least fifty-one per centum owned by, 17 or in the case of a publicly owned business, at least fifty-one per 18 centum of the stock of which is owned by citizens or permanent resident 19 non-citizens who are women, and such ownership interest is real, 20 substantial and continuing and have the authority to independently 21 control the day to day business decisions of the entity for at least one 22 year. 23 (B) The provisions of this paragraph shall not be construed to limit 24 the ability of any minority or women-owned business enterprise to bid on 25 any contract. 26 (ii) In the implementation of this subdivision, the authority shall 27 consider compliance by any contractor with the requirements of any 28 federal, state, or local law concerning minority and women-owned busi- 29 ness enterprises, which may effectuate the requirements of this subdivi- 30 sion. If the authority determines that by virtue of the imposition of 31 the requirements of any such law, in respect to capital project 32 contracts, the provisions thereof duplicate or conflict with such law, 33 the authority may waive the applicability of this subdivision to the 34 extent of such duplication or conflict. 35 (iii) Nothing in this subdivision shall be deemed to require that 36 overall state and federal requirements for participation of minority and 37 women-owned business enterprises in programs authorized under this title 38 be applied without regard to local circumstances to all projects or in 39 all communities. 40 (b) In order to implement the requirements and objectives of this 41 subdivision, the authority shall establish procedures to monitor the 42 contractors' compliance with provisions hereof, provide assistance in 43 obtaining competing qualified minority and women-owned business enter- 44 prises to perform contracts proposed to be awarded, and take other 45 appropriate measures to improve the access of minority and women-owned 46 business enterprises to these contracts. 47 15. (a) In connection with the performance of projects pursuant to 48 this section, the authority shall, to the extent practicable and not 49 inconsistent with any federal law, regulation or requirement, promote 50 the meaningful participation of small business and New York state busi- 51 ness enterprises in the provision of goods and services that are 52 produced or manufactured in New York state as part of procurements 53 undertaken by the authority. 54 (b) The authority shall within one hundred eighty days after the 55 effective date of this subdivision develop, and review annually there- 56 after, a plan to effect the purposes of this subdivision.
A. 5828 91 1 § 1349-k. Excess loss fund. 1. Subject to the provisions of this 2 section, the authority is authorized to issue bonds and notes, in 3 accordance with section thirteen hundred forty-nine-u of this title, in 4 such principal amounts not in excess of the seventy-five million dollar 5 limitation established in subdivision four of this section as, in the 6 opinion of the authority, shall be necessary to provide sufficient funds 7 to meet the capital and reserve requirements of a trust, pooling 8 arrangement or other entity established for the purpose of providing 9 reimbursement and funding to the authority and its subsidiaries, the New 10 York city transit authority and its subsidiaries and Triborough bridge 11 and tunnel authority for excess or extraordinary losses for damages to 12 real or personal property or for the destruction thereof or for personal 13 injuries or death and for certain property damage losses which may be 14 incurred or sustained by any of them in connection with the use and 15 operation of their respective facilities and in the conduct of their 16 respective activities, the trust, pooling arrangement or other entity 17 established in order to provide such benefits to such participants being 18 referred to in this section as the "excess loss fund". Prior to the 19 issuance of any bonds or notes, other than refunding bonds or notes, 20 authorized by this section, the authority shall make a finding that such 21 issue is expected to result, on a present value basis, in a lower effec- 22 tive cost to the participating authorities than funding the requirements 23 of the excess loss fund solely through the payment of premiums and 24 assessments by such participating authorities. 25 2. In order to effectuate the purposes of the excess loss fund, the 26 authority shall, subject to the provisions of this section, have all the 27 powers provided elsewhere in this title and may: 28 (a) accept the notes, bonds and other contractual obligations of the 29 excess loss fund for funds provided to it by the authority; 30 (b) obtain security for the payment by the excess loss fund of its 31 notes, bonds and other contractual obligations issued to the authority, 32 including a pledge of all or any part of the assets and revenues of the 33 excess loss fund, including its receipts and rights to receive premiums, 34 assessments, reimbursements and other payments from the participants in 35 the excess loss fund, which pledge may contain covenants with respect to 36 the charging and fixing by actuarial estimates, where appropriate, of 37 premiums, assessments, reimbursements and other payments and the use and 38 disposition thereof; and 39 (c) enter into contracts with the excess loss fund and with the 40 participants therein, on such terms and conditions as the parties may 41 agree, with respect to the payment of premiums, assessments, reimburse- 42 ments and other payments to the excess loss fund and the nature and 43 extent of the benefits to be paid by the excess loss fund to such 44 participants. 45 3. The bonds and notes of the authority authorized by this section 46 shall not constitute general obligations of the authority, but shall be 47 special obligations of the authority payable as to principal, redemption 48 premium, if any, and interest solely from the security, sources of 49 payment and funds obtained from or on behalf of the excess loss fund, 50 all in the manner more particularly provided by the authority in the 51 resolution under which such bonds and notes shall be authorized to be 52 issued. 53 4. The aggregate principal amount of bonds and notes issued for the 54 purposes enumerated in subdivision one of this section shall not exceed 55 seventy-five million dollars, excluding:
A. 5828 92 1 (a) bonds and notes issued to fund costs of issuance and any reason- 2 ably required debt service reserve fund for such bonds or notes; 3 (b) an amount equal to any original issue discount from the principal 4 amount of any bonds or notes issued; and 5 (c) bonds and notes issued to refund or otherwise repay bonds or notes 6 theretofore issued for such purposes, provided, however, that upon any 7 such refunding or repayment of the total aggregate principal amount of 8 outstanding bonds and notes, including for purpose of such calculation 9 the principal amount of the refunding bonds or notes then to be issued 10 and excluding the principal amount of the bonds or notes so to be 11 refunded or repaid and any amounts excluded under paragraph (a) or (b) 12 of this subdivision, may be greater than seventy-five million dollars, 13 only if the present value of the aggregate debt service of the refunding 14 or repayment bonds or notes to be issued shall not exceed the present 15 value of the aggregate debt service of the bonds or notes so to be 16 refunded or repaid. For purposes of this subparagraph, the present 17 values of the aggregate debt service of the refunding or repayment bonds 18 or notes and of the aggregate debt service of the bonds or notes so to 19 be refunded or repaid, shall be calculated by utilizing the effective 20 interest rate of the refunding or repayment bonds or notes, which shall 21 be that rate arrived at by doubling the semi-annual interest rate, 22 compounded semi-annually, necessary to discount the debt service 23 payments on the refunding or repayment bonds or notes from the payment 24 dates thereof to the date of issue of the refunding or repayment bonds 25 or notes and to the price bid including estimated accrued interest or 26 proceeds received by the authority including estimated accrued interest 27 from the sale thereof. 28 5. The term "excess loss fund" as used in this section shall not 29 include any trust, pooling arrangements or other entity (a) which 30 provides or offers to provide reimbursement or funding for losses or 31 liabilities to any entity other than the authority and its subsidiaries, 32 the New York city transit authority and its subsidiaries and Triborough 33 bridge and tunnel authority, or (b) in which any entity other than the 34 authority and its subsidiaries, the New York city transit authority and 35 its subsidiaries and Triborough bridge and tunnel authority holds an 36 equity interest. 37 § 1349-l. Authority police force. 1. The authority is hereby author- 38 ized and empowered, to provide and maintain an authority police depart- 39 ment and a uniformed authority police force. Each member of such 40 uniformed police force shall be a "police officer" for the purposes of 41 the criminal procedure law, with all of the powers of such police offi- 42 cers thereunder and subject to the same jurisdictional provisions on the 43 exercise of that power as set forth in such law. The geographical area 44 of employment of such police officers for the purposes of the criminal 45 procedure law shall embrace the city of New York. Such department and 46 force shall have the power, in and about any or all of the facilities 47 owned, occupied and/or operated by the authority and its subsidiary 48 corporations, the New York city transit authority and its subsidiaries, 49 and the Triborough bridge and tunnel authority, as determined in the 50 discretion of the authority, to enforce and prevent violation of all 51 laws and ordinances. Nothing in this section shall confer upon the 52 authority police force or upon their collective negotiations represen- 53 tatives exclusive jurisdiction or claim over the exercise of police 54 power or security work on behalf of the authority and its subsidiary 55 corporations, the New York city transit authority and its subsidiaries, 56 and the Triborough bridge and tunnel authority. Nothing in this section
A. 5828 93 1 shall limit the authority and its subsidiary corporations, the New York 2 city transit authority and its subsidiaries, and the Triborough bridge 3 and tunnel authority from continuing to rely on local police for police 4 services. 5 2. Initial appointments to such authority police force shall be from 6 the incumbent police officers of the metropolitan transportation author- 7 ity at the time of such appointment. The executive director of the 8 authority, through the chief of police, shall have the power and author- 9 ity to appoint and employ such number of police officers as such execu- 10 tive director deems necessary to act as police officers of the authority 11 and to administer to the officers an oath or affirmation faithfully to 12 perform the duties of their respective positions or offices. Unless, at 13 the time of appointment, the person is a police officer of the metropol- 14 itan transportation authority, only persons who have never been 15 convicted of a felony and are citizens of the United States shall be 16 appointed police officers on the authority police force. After the 17 initial appointments are made, selection of police officer candidates 18 shall be made pursuant to an examination process to be determined at the 19 discretion of the authority and candidates must receive a certificate 20 attesting to satisfactory completion of an approved municipal police 21 basic training program, as described in section two hundred nine-q of 22 the general municipal law. No person shall be eligible for appointment 23 unless such person is not less than twenty years of age as of the date 24 of appointment nor more than thirty-five years of age as of the date 25 when the applicant takes the written examination, provided, however, 26 that time spent on military duty or on terminal leave, not exceeding a 27 total of six years, shall be subtracted from the age of any applicant 28 who has passed their thirty-fifth birthday as provided in subdivision 29 ten-a of section two hundred forty-three of the military law. Upon 30 appointments made by transferring an entire group of police officers 31 into the authority police force, thereby eliminating such other group of 32 police officers, the authority shall recognize any representative previ- 33 ously chosen by the police officers for the purposes of collective nego- 34 tiations consistent with the bargaining units already established and 35 shall also assume and continue to observe any existing labor contracts 36 covering these police officers including such provisions which relate to 37 the grievance and disciplinary procedures and interest arbitration. 38 Subsequent to the establishment of the consolidated police force the 39 authority and the collective bargaining representatives shall be author- 40 ized to negotiate a merger of the separate bargaining units. 41 3. The authority may appoint a chief and one or more deputy chiefs of 42 the authority police department who, in the discretion of the authority, 43 may be selected from the ranks of the authority police force, and assign 44 powers and duties to them and fix their compensation. The chief shall be 45 the head of such department. The deputy chief designated by the chief 46 shall possess all the powers and perform all the duties of the chief 47 during their absence or disability. The authority police force shall 48 consist of such divisions, supervisors and officers, including but not 49 limited to police officers, detectives, sergeants, lieutenants and 50 captains as designated by the authority. Notwithstanding any law or 51 provision to the contrary, the members of the uniformed authority police 52 force shall not acquire civil service status or become members of the 53 New York state and local employees' retirement system, except as set in 54 this section. 55 4. The authority may, in its sole discretion, establish within the 56 authority's defined benefit program, a retirement program consistent
A. 5828 94 1 with the foregoing. If the authority has not so established such program 2 in its defined benefit program within one hundred eighty days after 3 enactment, then the authority shall elect to participate in article 4 fourteen-B of the retirement and social security law. 5 5. If the authority elects to participate in the New York city employ- 6 ees' retirement system, such election to participate shall be made by 7 resolution filed with the comptroller and accepted by the comptroller 8 pursuant to section thirty-one of the retirement and social security 9 law. 10 6. Nothing contained in this section shall be deemed to diminish, 11 suspend or abolish an existing benefit inured to a police officer, 12 transferred from the metropolitan transportation authority police force 13 and subject to the provisions of this section in and to the rights, 14 privileges or status previously earned within a pension or retirement 15 system of which they were a member immediately prior to the enactment of 16 this section; and any such existing right, privilege or status shall 17 survive the effect of any decisions or determinations lawfully made in 18 accordance with the provisions of this section so long as such right, 19 privilege or status is greater in benefit to that which would be imposed 20 or imputed to any subject officer as a result of actions of the authori- 21 ty authorized by this section. 22 § 1349-m. The permanent citizens advisory committee. There is hereby 23 established a permanent citizens advisory committee. The members of the 24 committee shall consist of the New York city transit authority advisory 25 council, as defined in section twelve hundred four-e of this article. 26 § 1349-n. Big apple transit authority pledge to customers. 1. A big 27 apple transit authority pledge to customers shall be created and adopted 28 by the big apple transit authority. A copy of such pledge shall be post- 29 ed on the website of the authority and shall be posted in stations where 30 the authority makes regular postings. The authority shall post the 31 pledge in the language or languages it deems necessary and appropriate. 32 2. The big apple transit authority pledge to customers shall be in the 33 form and manner as prescribed by the authority, include the contact 34 information of the authority, and include, but not be limited to, the 35 following: 36 (a) a description of the authority's commitment to provide safe and 37 reliable services; 38 (b) a description of the authority's commitment to provide timely and 39 accurate information on its services; 40 (c) a commitment that employees will provide service in a courteous 41 manner; 42 (d) a description of the authority's commitment to maintain clean 43 stations, facilities, subways and buses; 44 (e) a description of the authority's policies when it comes to arrang- 45 ing alternative transportation when service is interrupted; 46 (f) when service is interrupted, a description of the authority's 47 policies when it comes to considering the comfort of inconvenienced 48 customers; 49 (g) when service is interrupted due to weather conditions, a 50 description of the authority's policies on notifying customers; and 51 (h) when service is severely interrupted, a description of the author- 52 ity's policies on service restoration. 53 3. The authority from time to time may update and amend the big apple 54 transit authority pledge to customers as it deems necessary and proper 55 and may adopt rules and regulations for the proper administration of 56 this section.
A. 5828 95 1 § 1349-o. Expired fare transfer policy. Notwithstanding any other 2 provision of law to the contrary, the authority shall, within ninety 3 days of the effective date of this section, establish an expired fare 4 transfer policy that may be amended from time to time. Such policy shall 5 provide any person who purchases a fare the ability to transfer any 6 remaining balance for two years after such fare is deemed expired. 7 § 1349-p. Acquisition and disposition of real property. 1. In addi- 8 tion to the powers provided in section thirteen hundred forty-nine-h of 9 this title to acquire transportation facilities, equipment and real 10 property, the authority may acquire, by condemnation pursuant to the 11 eminent domain procedure law, any real property within the city of New 12 York it may deem necessary, convenient or desirable to effectuate the 13 purposes of this title, provided however, that any such condemnation 14 proceedings shall be brought only in the supreme court and the compen- 15 sation to be paid shall be ascertained and determined by the court with- 16 out a jury. Notwithstanding the provisions of this subdivision, no real 17 property may be acquired by the authority by condemnation for purposes 18 other than a transportation facility unless the governing body of the 19 city, village or town in which such real property is located shall first 20 consent to such condemnation. 21 2. Nothing contained in this section shall be construed to prevent the 22 authority from bringing any proceedings to remove a cloud on title or 23 such other proceedings as it may, in its discretion, deem proper and 24 necessary or from acquiring any such property by negotiation or 25 purchase. 26 3. Where a person entitled to an award in the proceedings to condemn 27 any real property for any of the purposes of this title remains in 28 possession of such property after the time of the vesting of title in 29 the condemnor, the reasonable value of such person's use and occupancy 30 of such property subsequent to such time as fixed by agreement or by the 31 court in such proceedings or by any court of competent jurisdiction 32 shall be a lien against such award subject only to the liens of record 33 at the time of vesting of title in the condemnor. 34 4. Subject to the provisions of sections thirteen hundred forty-nine-h 35 and thirteen hundred forty-nine-j of this title, title to all property 36 acquired under this title shall vest in the authority or one of its 37 subsidiary corporations, or in the New York city transit authority or 38 one of its subsidiary corporations as the authority directs. 39 5. The authority may, whenever it determines that it is in the inter- 40 est of the authority, dispose of any real property or property other 41 than real property, which it determines is not necessary, convenient or 42 desirable for its purposes. 43 6. The authority may, whenever it shall determine that it is in the 44 interest of the authority, rent, lease, or grant easements or other 45 rights in, any land or property of the authority. 46 § 1349-q. Acquisition and disposition of real property by department 47 of transportation. If funds are made available by the authority for the 48 payment of the cost and expense of the acquisition thereof, the commis- 49 sioner of transportation of the state of New York, when requested by the 50 authority, may acquire such real property in the name of the state as 51 may be determined from time to time by the authority as being necessary, 52 convenient or desirable to effectuate the purposes of this title, may 53 remove the owner or occupant thereof where necessary and obtain 54 possession and, when requested by the authority, may dispose of any real 55 property so acquired, all according to the procedure provided in section 56 thirty of the highway law. The authority shall have the right to possess
A. 5828 96 1 and use for its corporate purposes all such real property so acquired. 2 Claims for the value of the property appropriated and for legal damages 3 caused by any such appropriation shall be adjusted and determined by 4 such commissioner with the approval of the authority or by the court of 5 claims as provided in section thirty of the highway law. When a claim 6 has been filed with the court of claims, the claimant shall cause a copy 7 of such claim to be served upon the authority and the authority shall 8 have the right to be represented and heard before such court. All awards 9 and judgments arising from such claims shall be paid out of moneys of 10 the authority. No real property may be acquired pursuant to the 11 provisions of this section for purposes other than a transportation 12 facility unless the governing body of the city, village or town in which 13 such real property is located shall first consent to such acquisition. 14 § 1349-r. Transit facilities for transit construction fund. 1. As 15 used in this section, unless a different meaning clearly appears from 16 the context: 17 (a) "City" shall mean the city of New York. 18 (b) "Transit construction fund act" shall mean title nine-A of this 19 article. 20 (c) "Transit construction fund" shall mean the corporation created by 21 section twelve hundred twenty-five-c of this article. 22 (d) "Transit facility" shall mean such term as defined from time to 23 time in section twelve hundred twenty-five-b of this article. 24 2. In addition to the powers provided elsewhere in this title, and to 25 effectuate the purposes of the transit construction fund act, the 26 authority may: 27 (a) Plan, design, construct, acquire, extend, reconstruct, rehabili- 28 tate, modernize and otherwise improve transit facilities in accordance 29 with the terms and conditions of any lease or other agreement with the 30 transit construction fund; 31 (b) Occupy the streets of the city of New York in the course of 32 constructing and thereafter owning a transit facility which consists of 33 a rapid transit railroad or portion thereof, provided such construction 34 is carried out in accordance with the terms of a lease or other agree- 35 ment with the transit construction fund entered into pursuant to the 36 provisions of the transit construction fund act; 37 (c) Make and execute contracts, leases, subleases, and all other 38 instruments or agreements deemed necessary or convenient; 39 (d) Authorize the use by the transit construction fund, either with or 40 without compensation to the authority or any subsidiary of the agents, 41 employees and facilities of the authority or any subsidiary; 42 (e) Undertake planning, design and feasibility studies in accordance 43 with the terms and conditions of any agreement with the transit 44 construction fund or the city; and 45 (f) Do any and all other things deemed necessary or convenient. 46 3. All of the provisions of this title not inconsistent with the 47 provisions of this section shall be applicable with respect to any bonds 48 or notes of the authority issued to finance any purpose authorized under 49 this section or the transit construction fund act, subject to the 50 following conditions and exceptions: 51 (a) Payment of the principal, redemption premium, if any, and interest 52 on such bonds and notes shall be made only from monies payable to the 53 authority from the transit construction fund under a lease or other 54 agreement entered into pursuant to the provisions of the transit 55 construction fund act, and any security given by the authority for the 56 payment of such principal, redemption premium or interest on such bonds
A. 5828 97 1 and notes shall be limited to the monies so payable from the transit 2 construction fund. The authority shall not grant any security interest 3 in or otherwise encumber any transit facility leased to the transit 4 construction fund. 5 (b) The provisions of section thirteen hundred forty-nine-aa of this 6 title, relating to the creation and establishment of and appropriations 7 and payments to certain debt service reserve funds shall be inapplica- 8 ble; provided that nothing in this section shall be deemed to prohibit 9 the creation and establishment of one or more reserve funds for debt 10 service as authorized by section thirteen hundred forty-nine-u of this 11 title; 12 (c) In addition to the statement required by subdivision nine of 13 section thirteen hundred forty-nine-u of this title, such bonds and 14 notes shall contain on the face thereof a statement to the effect that 15 the city shall not be liable thereon and that the same shall not be a 16 debt of the city. 17 4. Notwithstanding the provisions of any general or special law to the 18 contrary, or of any agreement entered into in pursuance thereof relating 19 to the repayment of any loan or advance made by the state to the author- 20 ity, the authority shall not be required to repay any such loan or 21 advance from or by reason of the issuance: (a) of bonds or notes of the 22 authority issued to finance any purpose authorized under this section or 23 the transit construction fund act, or the proceeds realized upon such 24 issuance; or (b) from any other funds of the authority derived from the 25 transit construction fund or from any other source whatever to effectu- 26 ate the purposes of the transit construction fund act. 27 § 1349-s. Co-operation and assistance of other agencies. 1. To avoid 28 duplication of effort and in the interests of economy, the authority may 29 make use of existing studies, surveys, plans, data and other materials 30 in the possession of any state agency or any municipality or political 31 subdivision of the state. Each such agency, municipality or subdivision 32 is hereby authorized to make the same available to the authority and 33 otherwise to assist it in the performance of its functions. At the 34 request of the authority, each such agency, municipality or subdivision 35 which is engaged in highway or other transportation activities or in 36 land use or development planning, or which is charged with the duty of 37 providing or regulating any transportation facility or any other public 38 facility, is further authorized to provide the authority with informa- 39 tion regarding its plans and programs affecting the transportation 40 district so that the authority may have available to it current informa- 41 tion with respect thereto. The officers and personnel of such agencies, 42 municipalities or subdivisions, and of any other government or agency 43 whatever, may serve at the request of the authority upon such advisory 44 committees as the authority shall determine to create and such officers 45 and personnel may serve upon such committees without forfeiture of 46 office or employment and with no loss or diminution in the compensation, 47 status, rights and privileges which they otherwise enjoy. 48 2. The authority shall, at the request of any state agency, munici- 49 pality or political subdivision of the state, engaged in highway or 50 other transportation activities or in land use or development planning, 51 provide said state agency, municipality or political subdivision with 52 all current and relevant information regarding its plans or programs, so 53 as to enable said agency, municipality or subdivision to properly effec- 54 tuate said activities or planning. 55 3. To the extent that the provisions of this title authorize the 56 authority to enter into any agreement or arrangement with, or undertake
A. 5828 98 1 any other activity requiring the participation of, the New York city 2 transit authority or any of its subsidiary corporations in furtherance 3 of their respective purposes and powers or the Triborough bridge and 4 tunnel authority in furtherance of its purposes and powers, such enti- 5 ties are hereby authorized and empowered to enter into and perform such 6 contract or other arrangement and to undertake such activities. 7 § 1349-t. Promotion of qualified transportation fringes. The authori- 8 ty shall promote the broad use of qualified transportation fringes, 9 under section one hundred thirty-two of the federal internal revenue 10 code, in order to increase the number of participating companies and 11 employees in such programs. The authority may also study and report on 12 ways in which programs may be improved so as to increase public partic- 13 ipation. 14 § 1349-u. Notes, bonds and other obligations of the authority. 1. (a) 15 The authority shall have power and is hereby authorized from time to 16 time to issue its bonds, notes and other obligations in such principal 17 amount as, in the opinion of the authority, shall be necessary, conven- 18 ient or desirable to effectuate any of its powers and purposes, includ- 19 ing to provide sufficient funds for achieving its purposes, including 20 the acquisition, establishment, construction, effectuation, operation, 21 maintenance, renovation, improvement, extension, rehabilitation or 22 repair of any transportation facility, the payment of principal, redemp- 23 tion premium and interest on bonds, notes and other obligations of the 24 authority, establishment of reserves to secure such bonds, notes and 25 other obligations, the provision of working capital and all other 26 expenditures of the authority and its subsidiary corporations, and New 27 York city transit authority and its subsidiary corporations incident to 28 and necessary or convenient to carry out their purposes and powers. Such 29 bonds, notes or other obligations may be issued for an individual trans- 30 portation facility or issued on a consolidated basis for such groups or 31 classes of facilities and projects as the authority in its discretion 32 deems appropriate and be payable from and secured separately or on a 33 consolidated basis by, among other things, all or any portion of such 34 revenues and other monies and assets of the authority and its subsidiary 35 corporations, and New York city transit authority and its subsidiary 36 corporations as the authority determines in accordance with the 37 provisions of section thirteen hundred forty-nine-dd of this title; 38 (b) The authority shall have power, from time to time, to issue 39 renewal notes, to issue bonds to refund, redeem or otherwise pay, 40 including by purchase or tender, notes of the authority and its subsid- 41 iary corporations, the metropolitan transportation authority, and the 42 New York city transit authority and its subsidiary corporations and 43 whenever it deems refunding, redemption or payment expedient, to refund, 44 redeem or otherwise pay, including by purchase or tender, any bonds of 45 the authority and its subsidiary corporations, the metropolitan trans- 46 portation authority, the New York city transit authority and its subsid- 47 iary corporations and the Triborough bridge and tunnel authority by the 48 issuance of new bonds, whether the bonds to be refunded, redeemed or 49 otherwise paid have or have not matured, and to issue bonds partly for 50 such purpose and partly for any other purpose and to otherwise refund, 51 redeem, acquire by purchase or tender, or in any other way repay any 52 outstanding notes, bonds or other obligations of the authority, any of 53 its subsidiary corporations, the metropolitan transportation authority, 54 the New York city transit authority, any of its subsidiary corporations 55 and the Triborough bridge and tunnel authority;
A. 5828 99 1 (c) Every issue of its notes, bonds or other obligations shall be 2 general obligations or special obligations. Every issue of general obli- 3 gations of the authority shall be payable out of any revenues or monies 4 of the authority, subject only to any agreements with the holders of 5 particular notes or bonds pledging any particular receipts or revenues. 6 Every issue of special obligations shall be payable out of any revenues, 7 receipts, monies or other assets of the authority and its subsidiary 8 corporations, the New York city transit authority and its subsidiary 9 corporations and the Triborough bridge and tunnel authority identified 10 for such purposes in accordance with agreements with the holders of 11 particular notes, bonds or other obligations. The authority may issue 12 transportation revenue special obligation bonds, notes or other obli- 13 gations as provided in section thirteen hundred forty-nine-dd of this 14 title; 15 2. The authority may from time to time issue its bonds and notes in 16 such principal amounts as, in the opinion of the authority, shall be 17 necessary to finance the unfunded pension fund liabilities of the 18 authority, its affiliates and subsidiaries, provided, however, that in 19 no event shall the cumulative amounts of bonds and notes issued pursuant 20 to the authority under this subdivision exceed one billion two hundred 21 million dollars or sixty percent of such unfunded pension fund liabil- 22 ities, whichever is less, and provided, further, that no bonds shall be 23 issued under this subdivision for a term longer than twenty years. The 24 authority may not issue bonds or notes in any twelve month period in a 25 cumulative principal amount in excess of forty percent of the total 26 amount permitted to be issued under this subdivision. Prior to the issu- 27 ance of any bonds or notes, the authority shall make a finding that such 28 issue is expected to result, on a present value basis, in a lower effec- 29 tive cost to the authority than funding the unfunded pension fund 30 liability solely through the payment of annual amounts to the pension 31 fund, assuming that the principal component of the unfunded liability 32 will be amortized over the same number of years as the term of the bonds 33 or notes and that the interest payable thereon is the actuarial rate of 34 interest determined by the actuary for the pension fund at the time of 35 the issuance of such bonds or notes. The aggregate principal amount of 36 bonds and notes issued for such purposes may be increased to fund costs 37 of issuance and reasonably required debt service or other reserve funds. 38 Bonds and notes may be issued to refund or otherwise repay bonds or 39 notes theretofore issued for such purposes; provided, however, that upon 40 any such refunding or repayment, including for purpose of such calcu- 41 lation the principal amount of the refunding bonds or notes then to be 42 issued and excluding the principal amount of the bonds or notes so to be 43 refunded or repaid and also excluding any amounts used to pay costs of 44 issuance and reasonably required debt service or other reserve funds, 45 the present value of the aggregate debt service of the refunding or 46 repayment bonds or notes to be issued shall not exceed the present value 47 of the aggregate debt service of the bonds or notes so to be refunded or 48 repaid. For purposes of the preceding sentence, the present values of 49 the aggregate debt service of the refunding or repayment bonds or notes 50 and of the aggregate debt service of the bonds or notes so to be 51 refunded or repaid shall be calculated by utilizing the effective inter- 52 est rate of the refunding or repayment bonds or notes, which shall be 53 that rate arrived at by doubling the semi-annual interest rate, 54 compounded semi-annually, necessary to discount the debt service 55 payments on the refunding or repayment bonds or notes from the payment 56 dates thereof to the date of issue of the refunding or repayment bonds
A. 5828 100 1 or notes and to the price bid including estimated accrued interest or 2 proceeds received by the authority including estimated accrued interest 3 from the sale thereof. Debt service on the bonds or notes shall be 4 structured so that the economic benefits thereof shall be relatively 5 uniform for each full year throughout the term of the bonds or notes. 6 Beginning with the date of first issuance of bonds under this section, 7 the authority and its subsidiaries shall make annual payments into the 8 pension fund in amounts at least equal to the current pension contrib- 9 ution liability applicable to such year. The net proceeds of the bonds 10 or notes intended to be invested in non-debt securities may be invested 11 by the recipient pension fund in a fiscally prudent manner in securities 12 consistent with any trust indentures and all applicable state and feder- 13 al law over a reasonable period of time not less than thirty days 14 following the issuance of the bonds or notes. The operating budget 15 savings associated with the issuance of pension obligation bonds pursu- 16 ant to this subdivision shall be dedicated to reducing service elimi- 17 nations projected to occur within that period. 18 3. The notes, bonds and other obligations shall be authorized by 19 resolution approved by not less than a majority vote of the whole number 20 of members of the authority then in office, except that in the event of 21 a tie vote the chairperson shall cast one additional vote. Such notes, 22 bonds and other obligations shall bear such date or dates, and shall 23 mature at such time or times, in the case of any such note or any 24 renewals thereof not exceeding five years from the date of issue of such 25 original note, and in the case of any such bond not exceeding fifty 26 years from the date of issue, as such resolution or resolutions may 27 provide. The notes, bonds and other obligations shall bear interest at 28 such rate or rates, be in such denominations, be in such form, either 29 coupon or registered, carry such registration privileges, be executed in 30 such manner, be payable in such medium of payment, at such place or 31 places and be subject to such terms of redemption as such resolution or 32 resolutions may provide. The notes, bonds and other obligations of the 33 authority may be sold by the authority, at public or private sale, at 34 such price or prices as the authority shall determine. No notes or bonds 35 of the authority may be sold by the authority at private sale, however, 36 unless such sale and the terms thereof have been approved in writing by 37 (a) the comptroller, where such sale is not to the comptroller, or (b) 38 the director of the office of management and budget, where such sale is 39 to the comptroller. 40 4. Any resolution or resolutions authorizing any notes, bonds or any 41 issue thereof, or any other obligations of the authority, may contain 42 provisions, which shall be a part of the contract with the holders ther- 43 eof, as to: 44 (a) pledging all or any part of the revenues of the authority or of 45 any of its subsidiary corporations or New York city transit authority or 46 any of its subsidiary corporations or Triborough bridge and tunnel 47 authority to secure the payment of the notes or bonds or of any issue 48 thereof, or any other obligations of the authority, subject to such 49 applicable agreements with bondholders, noteholders, or holders of other 50 obligations of the authority, the metropolitan transportation authority, 51 the New York city transit authority and its subsidiary corporations, and 52 Triborough bridge and tunnel authority; 53 (b) pledging all or any part of the assets of the authority or of any 54 of its subsidiary corporations or New York city transit authority or any 55 of its subsidiary corporations or Triborough bridge and tunnel authority 56 to secure the payment of the notes or bonds or of any issue of notes or
A. 5828 101 1 bonds, or any other obligations of the authority, subject to such agree- 2 ments with noteholders, bondholders, or holders of other obligations of 3 the authority, the New York city transit authority and its subsidiary 4 corporations, and Triborough bridge and tunnel authority; 5 (c) the use and disposition of revenues, including fares, tolls, 6 rentals, rates, charges and other fees, made or received by the authori- 7 ty, any of its subsidiary corporations, New York city transit authority 8 or any of its subsidiary corporations, or Triborough bridge and tunnel 9 authority; 10 (d) the setting aside of reserves or sinking funds and the regulation 11 and disposition thereof; 12 (e) limitations on the purpose to which the proceeds of sale of notes, 13 bonds or other obligations of the authority may be applied and pledging 14 such proceeds to secure the payment of the notes or bonds or of any 15 issue thereof or of other obligations; 16 (f) limitations on the issuance of additional notes, bonds or other 17 obligations of the authority; the terms upon which additional notes, 18 bonds or other obligations of the authority may be issued and secured; 19 the refunding of outstanding or other notes, bonds or other obligations 20 of the authority; 21 (g) the procedure, if any, by which the terms of any contract with 22 noteholders, bondholders, or holders of other obligations of the author- 23 ity, may be amended or abrogated, the amount of notes, bonds or other 24 obligations of the authority the holders of which must consent thereto, 25 and the manner in which such consent may be given; 26 (h) limitations on the amount of monies to be expended by the authori- 27 ty or any of its subsidiary corporations or New York city transit 28 authority or any of its subsidiary corporations or Triborough bridge and 29 tunnel authority for operating, administrative or other expenses of the 30 authority or any of its subsidiary corporations or New York city transit 31 authority or any of its subsidiary corporations or Triborough bridge and 32 tunnel authority; 33 (i) vesting in a trustee or trustees such property, rights, powers and 34 duties in trust as the authority may determine, which may include any or 35 all of the rights, powers and duties of the trustee appointed by the 36 bondholders, noteholders or holders of other obligations of the authori- 37 ty pursuant to this title, and limiting or abrogating the right of the 38 bondholders, noteholders or holders of other obligations of the authori- 39 ty to appoint a trustee under this article or limiting the rights, 40 powers and duties of such trustee; and 41 (j) any other matters, of like or different character, which in any 42 way affect the security or protection of the notes, bonds or other obli- 43 gations of the authority. 44 5. In addition to the powers conferred by this section upon the 45 authority to secure its notes, bonds and other obligations, the authori- 46 ty shall have power in connection with the issuance of notes, bonds and 47 other obligations to enter into such agreements as the authority may 48 deem necessary, convenient or desirable concerning the use or disposi- 49 tion of the monies or property of the authority, its subsidiary corpo- 50 rations, New York city transit authority, or any of its subsidiary 51 corporations, or Triborough bridge and tunnel authority, including the 52 mortgaging of any such property and the entrusting, pledging or creation 53 of any other security interest in any such monies or property and the 54 doing of any act (including refraining from doing any act) which the 55 authority would have the right to do in the absence of such agreements. 56 The authority shall have power to enter into amendments of any such
A. 5828 102 1 agreements within the powers granted to the authority by this title and 2 to perform such agreements. The provisions of any such agreements may be 3 made a part of the contract with the holders of the notes, bonds and 4 other obligations of the authority. 5 6. Any pledge, mortgage or security instrument made by the authority 6 shall be valid and binding from the time when the pledge, mortgage or 7 security instrument is made; the monies or property so pledged, mort- 8 gaged and entrusted and thereafter received by the authority, or any of 9 its subsidiary corporations shall immediately be subject to the lien of 10 such pledge, mortgage or security instrument without any physical deliv- 11 ery thereof or further act; and the lien of any such pledge, mortgage or 12 security instrument shall be valid and binding as against all parties 13 having claims of any kind in tort, contract or otherwise against the 14 authority, or any of its subsidiary corporations, irrespective of wheth- 15 er such parties have notice thereof. Neither the resolution nor any 16 mortgage, security instrument or other instrument by which a pledge, 17 mortgage lien or other security is created shall need to be recorded or 18 filed and neither the authority nor, any of its subsidiary corporations 19 shall be required to comply with any of the provisions of the uniform 20 commercial code. 21 7. Neither the members of the authority, the New York city transit 22 authority or the Triborough bridge and tunnel authority nor any person 23 executing the notes, bonds or other obligations shall be liable 24 personally on the notes, bonds or other obligations or be subject to any 25 personal liability or accountability by reason of the issuance thereof. 26 8. The authority, subject to such agreements with the holders of 27 notes, bonds or other obligations as may then exist, shall have power 28 out of any funds available therefor to purchase notes, bonds or other 29 obligations of the authority. The authority may hold, cancel or sell 30 such bonds, notes and other obligations, subject to and in accordance 31 with agreements with such holders. 32 9. Neither the state nor the city of New York shall be liable on 33 notes, bonds or other obligations of the authority and such notes, bonds 34 and other obligations shall not be a debt of the state or the city of 35 New York, and such notes, bonds and other obligations shall contain on 36 the face thereof, or in an equally prominent place, a statement to such 37 effect. 38 10. So long as the authority has any outstanding bonds, notes or other 39 obligations issued pursuant to this section or any bonds, notes or other 40 obligations issued or incurred pursuant to section thirteen hundred 41 forty-nine-j of this title, none of the authority or any of its subsid- 42 iary corporations, New York city transit authority or any of its subsid- 43 iary corporations, or Triborough bridge and tunnel authority shall have 44 the authority to file a voluntary petition under chapter nine of the 45 federal bankruptcy code or such corresponding chapter, chapters or 46 sections as may, from time to time, be in effect, and neither any public 47 officer nor any organization, entity or other person shall authorize the 48 authority or any of its subsidiary corporations, New York city transit 49 authority or any of its subsidiary corporations, or Triborough bridge 50 and tunnel authority to be or become a debtor under chapter nine of the 51 federal bankruptcy code or said corresponding chapter, chapters or 52 sections during any such period. 53 11. The term "monies" as used in this section shall include, but not 54 be limited to, all operating subsidies provided by (a) any public bene- 55 fit corporation, including without limitation transfers of operating 56 surplus by Triborough bridge and tunnel authority pursuant to section
A. 5828 103 1 twelve hundred nineteen-a of this article, or (b) any governmental enti- 2 ty, federal, state or local and shall exclude all funds required to be 3 transferred to the metropolitan transportation authority pursuant to 4 section thirteen hundred forty-nine-h of this title. 5 12. Any resolution or agreement authorizing the issuance of bonds, 6 notes or other obligations pursuant to this section may, in addition, 7 authorize and provide for the issuance of lease obligations of the 8 authority which may be issued for the purposes and on the terms and 9 conditions under which the bonds, notes and other obligations authorized 10 under this section may be issued, and may be secured in the same manner 11 as such bonds, notes and other obligations, and which resolution with 12 respect to such lease obligations, may contain such other provisions 13 applicable to bonds, notes and other obligations not inconsistent with 14 the provisions of this section, as the authority may determine. 15 13. The aggregate principal amount of bonds, notes or other obli- 16 gations issued after the first of January next succeeding the effective 17 date of this title, by the authority, the Triborough bridge and tunnel 18 authority and the New York city transit authority to fund projects 19 contained in capital program plans approved pursuant to section thirteen 20 hundred forty-nine-v of this title for the capital program authorization 21 period shall not exceed fifty-five billion four hundred ninety-seven 22 million dollars. Such aggregate principal amount of bonds, notes or 23 other obligations or the expenditure thereof shall not be subject to any 24 limitation contained in any other provision of law on the principal 25 amount of bonds, notes or other obligations or the expenditure thereof 26 applicable to the authority, the Triborough bridge and tunnel authority 27 or the New York city transit authority. The aggregate limitation estab- 28 lished by this subdivision shall not include: (a) obligations issued to 29 refund, redeem or otherwise repay, including by purchase or tender, 30 obligations theretofore issued either by the issuer of such refunding 31 obligations or by the authority, the New York city transit authority or 32 the Triborough bridge and tunnel authority; (b) obligations issued to 33 fund any debt service or other reserve funds for such obligations; (c) 34 obligations issued or incurred to fund the costs of issuance, the 35 payment of amounts required under bond and note facilities, federal or 36 other governmental loans, security or credit arrangements or other 37 agreements related thereto and the payment of other financing, original 38 issue premiums and related costs associated with such obligations; (d) 39 an amount equal to any original issue discount from the principal amount 40 of such obligations or to fund capitalized interest; (e) obligations 41 incurred pursuant to section twelve hundred seven-m of this article; (f) 42 obligations incurred to fund the acquisition of certain buses for the 43 New York city transit authority as identified in a capital program plan 44 approved pursuant to chapter fifty-three of the laws of nineteen hundred 45 ninety-two; (g) obligations incurred in connection with the leasing, 46 selling or transferring of equipment; and (h) bond anticipation notes or 47 other obligations payable solely from the proceeds of other bonds, notes 48 or other obligations which would be included in the aggregate principal 49 amount specified in the first sentence of this subdivision, whether or 50 not additionally secured by revenues of the authority, or any of its 51 subsidiary corporations, New York city transit authority, or any of its 52 subsidiary corporations, or Triborough bridge and tunnel authority. 53 § 1349-v. Capital program plans; approvals; effect of disapproval. 1. 54 On or before October first next succeeding the effective date of this 55 section, and every fifth year thereafter, the authority shall submit to
A. 5828 104 1 the mayor a capital program plan for the ten-year period commencing 2 January first of the following year. 3 2. For the period described in subdivision one of this section, the 4 plan shall contain the capital program for the transit facilities oper- 5 ated by the New York city transit authority and its subsidiaries and for 6 the Staten Island rapid transit operating authority. 7 3. The plan shall set system-wide goals and objectives for capital 8 spending, establish standards for service and operations, and describe 9 each capital element proposed to be initiated in each of the years 10 covered by the plan and explain how each proposed element supports the 11 achievement of the service and operational standards established in the 12 plan. The plan shall also set forth an estimate of the amount of capital 13 funding required each year and the expected sources of such funding. 14 Each plan subsequent to the first such plan and each proposed amendment 15 or modification thereof shall also describe the current status of each 16 capital element included in the previously approved plan, if any. The 17 plan shall be accompanied or supplemented by such supporting materials 18 as the mayor shall require. 19 4. A "capital element", as used in this section, shall mean either a 20 category of expenditure itemized in a plan, as hereinafter provided, for 21 which a specified maximum dollar amount is proposed to be expended, or a 22 particularly described capital project within one or more categories for 23 which no maximum expenditure is proposed, but for which an estimate of 24 expected cost is provided. A capital element shall be deemed to have 25 been initiated for purposes of this section if in connection with such 26 element the authority shall certify that: 27 (a) purchase or construction contracts have been entered into, obli- 28 gating in the aggregate an amount exceeding ten percent of the maximum 29 or estimated cost of the element as set forth in a plan; 30 (b) financing specific to the project has been undertaken; or 31 (c) in a case where such element is limited to design or engineering, 32 a contract therefor has been entered into. 33 5. The plan shall itemize the capital elements included in each 34 section of the plan under the following categories of expenditure: (a) 35 rolling stock and buses; (b) passenger stations; (c) track; (d) line 36 equipment; (e) line structures; (f) signals and communications; (g) 37 power equipment, emergency power equipment and substations; (h) shops, 38 yards, maintenance facilities, depots and terminals; (i) service vehi- 39 cles; (j) security systems; (k) electrification extensions; and (l) 40 unspecified, miscellaneous and emergency. 41 6. A capital program plan must be approved only by resolution of the 42 authority approved by not less than a majority vote. After approval, the 43 authority must submit the plan to the mayor, who has ninety days to 44 approve the plan. 45 7. A copy of any capital program plan that has been approved by the 46 authority and distributed to the mayor shall be simultaneously provided 47 to the public by the big apple transit authority, via its official or 48 shared internet website. 49 8. If the mayor takes no action within ninety days after receiving the 50 plan, the plan shall be deemed to have been approved. 51 9. If the mayor vetoes the plan, the authority may only override the 52 veto by unanimous vote. 53 10. If the mayor vetoes the plan and the authority does not override 54 the veto, the authority may thereafter reformulate and resubmit such 55 plan at any time. Within thirty days of the submission of such reformu- 56 lated plan, the mayor may notify the authority of its approval, or, if
A. 5828 105 1 the reformulated plan is not approved and the mayor has not notified the 2 authority of their disapproval within such period, the reformulated plan 3 shall be deemed to have been approved. 4 11. No general obligation bonds or notes of the authority, no special 5 obligation bonds or notes of the authority to finance a transit project, 6 as such term is defined in section thirteen hundred forty-nine-j of this 7 title, and no bonds or notes of the Triborough bridge and tunnel author- 8 ity to finance a project pursuant to the authorization contained in 9 paragraph (r) of subdivision nine of section five hundred fifty-three of 10 this chapter shall be issued to finance the costs of a capital element 11 unless such capital element and such source of funding was set forth in 12 a plan approved as provided in this section. 13 12. The disapproval of a capital program plan shall not affect: (a) 14 the right of the authority, of the Triborough bridge and tunnel authori- 15 ty, or of the New York city transit authority, or of the subsidiaries of 16 any of them to initiate and complete any capital element which will be 17 financed otherwise than through the issuance of the bonds or notes the 18 issuance of which is prohibited under subdivision eleven of this 19 section; (b) the right of the authority or the Triborough bridge and 20 tunnel authority to issue bonds or notes to finance a capital element 21 which was initiated prior to such disapproval in conformity with a 22 previously approved plan; (c) the right of the New York city transit 23 authority to issue its bonds, notes, lease, sublease or other contractu- 24 al obligations in payment for a transit project initiated prior to such 25 disapproval in conformity with a previously approved plan; (d) the right 26 of the authority or of the Triborough bridge and tunnel authority to 27 issue bonds or notes to refund or otherwise repay any of its outstanding 28 bonds or notes or to fulfill any of their obligations to the holders of 29 any of their outstanding bonds or notes; or (e) the right of the New 30 York city transit authority to issue its bonds, notes, lease, sublease 31 or other contractual obligations to refund or otherwise repay any of its 32 outstanding bonds or notes or to fulfill any of its obligations to the 33 holders of any of its outstanding bonds or notes. 34 13. Notwithstanding the provisions of subdivision eight of this 35 section, if a source of funding described in an approved plan shall be 36 unavailable or be available in a lesser amount than that set forth in 37 such plan, the authority and the Triborough bridge and tunnel authority 38 may issue bonds or notes as necessary to provide the requisite funding 39 for the capital elements included in the plan to the extent that the 40 aggregate amount of such bonds or notes to be issued in substitution for 41 such unavailable amounts shall not exceed the greater of fifty million 42 dollars or twenty percent of the total amount described in such plan for 43 either the substitute funding source or the funding source being substi- 44 tuted for, subject to the limitations set forth in subdivision eleven of 45 section five hundred fifty-three-e of this chapter and paragraph (a) of 46 subdivision four of section twelve hundred seven-m of this article. 47 14. (a) The authority may from time to time submit to the mayor amend- 48 ments or modifications to any ten-year plan theretofore submitted, and 49 shall submit such an amendment or modification (i) if the estimated cost 50 of any capital element for which a specified dollar amount was proposed 51 to be expended exceeds the amount set forth in the approved plan for 52 such element by more than ten percent, (ii) if with respect to a partic- 53 ularly described capital element for which only an estimate of projected 54 cost has been provided in the plan there is a material change in the 55 description of such element from that contained in the approved plan, 56 (iii) if a capital element not previously included in the approved plan
A. 5828 106 1 is proposed to be undertaken and its cost, together with the cost of 2 other elements included in category (l) of the plan, exceeds by ten 3 percent the amount provided for such category (l) elements, (iv) if the 4 authority shall propose to change by more than one year from the time 5 when any capital element is proposed to be initiated or the effect of 6 such change will be to increase the estimated amount of capital funding 7 required in any year covered by the plan by more than twenty percent, or 8 (v) if the availability of funding sources changes to the degree to 9 which the authority or the Triborough bridge and tunnel authority are 10 precluded from exercising the authorization provided in subdivision nine 11 of this section and the authority wishes to do so. 12 (b) An amendment or modification may only be approved in two ways: (i) 13 an amendment or modification shall only be approved by the mayor and 14 within thirty days of the submission of an amendment or modification the 15 mayor may notify the authority of its approval of the same; or (ii) if 16 the amendment or modification is not approved by the mayor within such 17 thirty day period and the mayor has not notified the authority in writ- 18 ing of their disapproval within such period, the amendment or modifica- 19 tion shall be deemed to have been approved. 20 15. In formulating its capital program plans, the authority shall give 21 consideration to the physical condition and urgency of need of each of 22 the several transportation and transit systems involved, to the needs of 23 all of the communities and areas serviced by these systems, to the 24 extent to which other capital aid or assistance may be available to each 25 of these systems, and to the safety, comfort and convenience of its 26 passengers. In determining the source or method of funding which the 27 authority is to use to finance the cost of the capital elements included 28 in its capital program plans, the authority shall, insofar as practica- 29 ble, give consideration, among other things, to: (a) the potential 30 impact of each such source or method upon the level of passenger fares; 31 (b) the relative cost of the several funding alternatives; and (c) the 32 relative ability of each source or method to provide funding at times 33 and in amounts estimated to be required by the capital program plan. To 34 the extent funding is proposed to be obtained through the issuance and 35 sale of bonds or notes, the authority shall, insofar as practicable and 36 consistent with the matters set forth in paragraphs (a), (b) and (c) of 37 this subdivision, give preference to the use of funds appropriated or to 38 be appropriated to the authority by virtue of service contracts with the 39 director of the office of management and budget entered into pursuant to 40 the provisions of the transportation systems assistance and financing 41 act of nineteen hundred eighty-one for purposes of paying the annual 42 cost of debt service for such bonds or notes. 43 16. On or before the first of October succeeding the effective date of 44 this subdivision, and on or before October first of every fifth year 45 thereafter, the authority shall submit to the mayor a twenty-year capi- 46 tal needs assessment. Such assessment shall begin with the period 47 commencing on the first of January after such submission, and begin each 48 assessment with every fifth year thereafter, and describe capital 49 investments over the succeeding twenty years. Such assessment shall: (a) 50 set forth broad long-term capital investments to be made throughout the 51 district; and (b) establish a non-binding basis to be used by the 52 authority in the planning of strategic investments involving capital 53 elements in its five-year capital plan. Such assessment shall not 54 require approval of the mayor and shall be for informational purposes 55 only.
A. 5828 107 1 17. For purposes of this section, "broad long-term capital invest- 2 ments" shall include but not be limited to: system rebuilding, enhance- 3 ment, and expansion needs; agency needs broken down by capital element 4 or investment category; and projected future trends and network impli- 5 cations. Such assessment shall be certified by the chairperson of the 6 authority and shall be entered into the permanent record of the minutes 7 of the review board. 8 § 1349-w. Submission of strategic operation plan. 1. On or before the 9 first of July next succeeding the effective date of this section, the 10 authority shall submit to the mayor a strategic operation plan for the 11 bus and subway services of the New York city transit authority and its 12 subsidiaries and for the Staten Island rapid transit operating authority 13 for the five year period commencing January first of the following year. 14 The plan may be amended as required but shall be updated at least annu- 15 ally. The plan shall include, but need not be limited to, the following: 16 (a) Long-range goals and objectives for the operation of services and 17 facilities; 18 (b) Planned service and performance standards for each year of the 19 period covered by the plan; including, in such plan submitted after the 20 first of July next succeeding the effective date of this section: (i) 21 standards for determining frequency of service at peak hours and off- 22 peak hours; (ii) frequency of service at peak and off-peak hours based 23 on the application of such standards to the current period for each 24 subway line, bus route or group of bus routes; and (iii) projected 25 performance for each subway line, bus route or group of bus routes as 26 measured by reliability indicators commonly utilized within the transit 27 industry, including such measures as mean distance between failures for 28 subway cars, planned number of vehicles with air conditioning and 29 projected reliability of such equipment, planned standards for cleanli- 30 ness of the interior and exterior of subway cars, buses, and passenger 31 stations, and other appropriate measures of planned performance influ- 32 encing the quality of services; 33 (c) Level and structure of fares projected for each year of the period 34 covered by the plan; 35 (d) Estimated operating and capital resources anticipated to be avail- 36 able from internal sources as well as from federal, state, regional and 37 local sources; 38 (e) Estimated operating and capital costs to satisfy planned standards 39 of performance and service; 40 (f) Strategies to improve productivity; control cost growth; integrate 41 and coordinate the delivery of services provided by the authority as 42 well as other public and private transportation providers in the service 43 area; 44 (g) Specific allocation of operating and capital resources by mode and 45 operation, including funds, personnel and equipment; 46 (h) Configuration by mode, operation and route of the services to be 47 provided and the facilities to be operated, identifying major planned 48 changes in services and routes; 49 (i) Identification of the operating and capital costs as compared to 50 the revenues anticipated from system users for the big apple transit 51 authority and its subsidiaries and the New York city transit authority 52 and its subsidiaries; and 53 (j) An analysis of the relationship between specific planned capital 54 elements contained in approved capital program plans and the achievement 55 of planned service and performance standards. Such analysis shall 56 include the relationship of specific planned capital elements to the
A. 5828 108 1 achievement of such service and performance standards for each subway 2 line, bus route or group of bus routes as appropriate. 3 2. Each annual update of the plan shall include a status report summa- 4 rizing the extent to which planned service and performance standards 5 developed for the previous year were achieved, the causes of any failure 6 to achieve projected standards of service, and corrective measures the 7 authority intends to take to avoid non-achievement of projected stand- 8 ards in the next upcoming year. 9 3. The big apple transit authority shall take into consideration any 10 petitions from local officials for improved services, including how 11 these service improvements relate to the service and performance stand- 12 ards described in subdivision two of this section, and shall consult 13 with appropriate local officials in its preparation and periodic updates 14 to the operation plan. 15 § 1349-x. Financial and operational reports. The authority shall 16 submit to the mayor and speaker of the city council, no later than thir- 17 ty days following the submission of the annual independent audit report 18 pursuant to section twenty-eight hundred two of this chapter, a complete 19 detailed report or reports setting forth, to the extent such matters are 20 not fully addressed in the annual independent audit report, the follow- 21 ing: 22 1. its financial reports, including: 23 (a) audited financials in accordance with all applicable regulations 24 and following generally accepted accounting principles as defined in 25 subdivision ten of section two of the state finance law; 26 (b) grant and subsidy programs; 27 (c) operating and financial risks; 28 (d) current ratings of its bonds issued by recognized municipal bond 29 rating agencies and notice changes in such ratings; and 30 (e) long-term liabilities, including leases and employee benefit 31 plans; and 32 2. an assessment of the effectiveness of its internal control struc- 33 ture and procedures, including: 34 (a) descriptions of the authority and its major units and subsid- 35 iaries; 36 (b) the number of employees, and minority and women employees, for 37 each; 38 (c) an organizational chart; 39 (d) its charter, if any and by-laws; 40 (e) the extent of participation by minority and women-owned enter- 41 prises in authority contracts and services in accordance with article 42 fifteen-A of the executive law; and 43 (f) a listing of material changes in internal operations and programs 44 during the reporting year. 45 § 1349-y. Mission statement and measurement report. 1. The authority 46 shall submit to the mayor and speaker of the city council, on or before 47 the first of October next succeeding the effective date of this title, a 48 proposed authority mission statement and proposed measurements. The 49 proposed mission statement and proposed measurements shall have the 50 following components: a brief mission statement expressing the purpose 51 and goals of the authority; a description of the stakeholders of the 52 authority and their reasonable expectations from the authority, which 53 stakeholders shall include at a minimum: the residents and taxpayers of 54 the area of the state served by the authority, the persons that use the 55 services provided by the authority, and the employees of the authority 56 and any employee organization; the goals of the authority in response to
A. 5828 109 1 the needs of each group of stakeholders; and a list of measures by which 2 performance of the authority and the achievement of its goals may be 3 evaluated. 4 2. The authority shall thereafter reexamine its mission statement and 5 measurements on an annual basis and publish on its website self-evalua- 6 tions based on the stated measures. 7 § 1349-z. Requirements for certain authority contracts and related 8 subcontracts. 1. Any contractor or subcontractor subject to the posting 9 requirements of paragraph a of subdivision three-a of section two 10 hundred twenty of the labor law with respect to a public works contract 11 of the authority shall: 12 (a) post information conforming to the provisions of subdivision two 13 of this section in one or more conspicuous places at each major work- 14 place site where persons who perform work on the contract or subcon- 15 tract, including management, are most likely to see such postings; 16 provided that, this requirement may be satisfied by the displaying of 17 such information with other notices that inform persons of rights under 18 federal or state laws or rules, human resource policies, or collective 19 bargaining agreements; 20 (b) post information conforming to the provisions of subdivision two 21 of this section on an internet and intranet website, if any, of that 22 person or business organization; provided that, this requirement may be 23 satisfied by providing on such website a conspicuous hyperlink to the 24 authority website maintained pursuant to subdivision three of this 25 section, which hyperlink shall be labeled "Protections for Reporting 26 Fraud in New York"; 27 (c) distribute information specified in subdivision two of this 28 section to those persons, including employees and managers, who perform 29 work on the contract; provided that, this requirement may be satisfied 30 by distributing such information in an employee handbook or through a 31 specific electronic communication containing the information to a known 32 electronic mail address maintained by the person; and 33 (d) comply with the provisions of this subdivision, and provide to the 34 authority satisfactory evidence of such compliance, within ninety days. 35 2. The disclosures required by subdivision one of this section shall: 36 (a) provide the telephone numbers and addresses to report information 37 of fraud or other illegal activity to the appropriate officers of the 38 inspector general of the authority and the attorney general of the 39 state; 40 (b) describe in detail conduct prohibited by section one hundred 41 eighty-nine of the state finance law, and the role of that act in 42 preventing and detecting fraud and abuse in work paid for by the author- 43 ity or with funds originating from the authority; 44 (c) notify prospective qui tam plaintiffs on how to file a qui tam 45 action, including the necessity to contact private counsel skilled in 46 filing such actions and of the potential for cash rewards in such 47 actions based on the percentage of the funds recovered by the govern- 48 ment; and 49 (d) describe prohibitions on employer retaliation against persons who 50 file or assist actions under article thirteen of the state finance law, 51 the New York false claims act pursuant to section one hundred ninety-one 52 of the state finance law, or who report illegal conduct that threatens 53 the health or safety of the public pursuant to section seven hundred 54 forty of the labor law. 55 3. No later than forty-five days after the effective date of this 56 section, the authority shall establish and continuously maintain on its
A. 5828 110 1 public website and its intranet site a page that shall provide the 2 information specified in subdivision two of this section, and that shall 3 also provide sample statements, displays and other materials suitable 4 for insertion in employee handbooks or posting at workplaces or on 5 websites that would satisfy the disclosure requirements of this section. 6 4. On and after the effective date of this section, the authority 7 shall not enter into any contract described in subdivision one of this 8 section that does not incorporate the terms of this section. 9 5. Material compliance by a covered person or business organization 10 that has contracted with the authority under a contract that incorpo- 11 rates the terms of this section shall be a material condition of payment 12 for the provision of goods or services. 13 6. The authority is authorized to adopt such rules and regulations as 14 are necessary to effectuate the purposes of this section. 15 § 1349-aa. Reserve funds and appropriations. The authority may create 16 and establish one or more reserve funds in accordance with agreements 17 with bondholders, noteholders or the holders of other obligations of the 18 authority and may pay into such reserve funds (a) any monies appropri- 19 ated and made available by the state for the purposes of such funds, (b) 20 any proceeds of sales of notes, bonds or other obligations to the extent 21 provided in the resolution of the authority authorizing the issuance 22 thereof, and (c) any other moneys which may be made available to the 23 authority for the purpose of such funds from any other source or sourc- 24 es. In lieu thereof, the authority may provide for the deposit therein 25 of, or substitute for moneys on deposit therein, a liquidity or credit 26 facility, surety bond or other similar agreement. 27 § 1349-bb. Big apple transit authority special assistance fund. 1. The 28 authority shall create and establish a fund to be known as the "big 29 apple transit authority special assistance fund" which shall be kept 30 separate from and shall not be commingled with any other moneys of the 31 authority. The special assistance fund shall consist of two separate 32 accounts: (a) the "transit account"; and (b) the "corporate transporta- 33 tion account". 34 2. Moneys in the transit account may be pledged to the Triborough 35 bridge and tunnel authority to secure bonds and notes and, if so 36 pledged, shall be paid to the Triborough bridge and tunnel authority in 37 such amounts and at such times as necessary to pay or to reimburse that 38 authority for its payment of debt service and reserve requirements on 39 that portion of special Triborough bridge and tunnel authority bonds and 40 notes issued by that authority pursuant to section five hundred fifty- 41 three-d of this chapter for transit projects undertaken for the New York 42 city transit authority and its subsidiaries. Subject to the provisions 43 of such pledge, any excess moneys, or in the event there is no such 44 pledge, any moneys in such account shall, at the direction of the big 45 apple transit authority, be: (a) deposited into one or more funds or 46 accounts and used as contemplated by section thirteen hundred forty- 47 nine-dd of this title; or (b) used for the payment of operating and 48 capital costs of the New York city transit authority and its subsid- 49 iaries and the Staten Island rapid transit operating authority. 50 3. Moneys in the corporate transportation account shall be pledged by 51 the authority, or pledged to the Triborough bridge and tunnel authority, 52 to secure bonds, notes or other obligations of the authority or the 53 Triborough bridge and tunnel authority, as the case may be, and, if so 54 pledged to the Triborough bridge and tunnel authority, shall be paid to 55 the Triborough bridge and tunnel authority in such amounts and at such 56 times as necessary to pay or to reimburse that authority for its payment
A. 5828 111 1 of debt service and reserve requirements, if any, on that portion of 2 special Triborough bridge and tunnel authority bonds and notes issued by 3 that authority pursuant to section five hundred fifty-three-d of this 4 chapter. Subject to the provisions of any such pledge, or in the event 5 there is no such pledge, any excess moneys in the corporate transporta- 6 tion account may be used by the authority for payment of operating costs 7 of, and capital costs, including debt service and reserve requirements, 8 if any, of or for the authority, the New York city transit authority and 9 their subsidiaries as the authority shall determine. 10 § 1349-cc. Big apple transit authority dedicated tax fund. 1. The 11 authority shall establish a fund to be known as the "big apple transit 12 authority dedicated tax fund" which shall be kept separate from and 13 shall not be commingled with any other moneys of the authority. The fund 14 shall consist of a "pledged amounts account" and an "operating and capi- 15 tal costs account" and such other accounts and subaccounts as the 16 authority may determine. 17 2. Moneys in the fund may be: 18 (a) pledged by the authority to secure and be applied to the payment 19 of its bonds, notes or other obligations specified by the authority and 20 issued to finance: (i) transit projects undertaken for the New York city 21 transit authority and its subsidiaries; and (ii) transportation facili- 22 ties undertaken for the authority and its subsidiaries; and 23 (b) used for payment of operating costs, and capital costs, including 24 debt service, reserve requirements, if any, the payment of amounts 25 required under bond and note facilities or agreements related thereto, 26 the payment of federal government loans, security or credit arrangements 27 or other agreements related thereto, and the payment of all costs 28 related to such obligations, of or for the authority, the New York city 29 transit authority and their subsidiaries as the authority shall deter- 30 mine. To the extent moneys in the fund have been pledged by the authori- 31 ty to secure and pay its bonds, notes or other obligations as herein 32 provided, moneys deposited into the fund shall first be deposited into 33 the pledged amounts account to the extent necessary to satisfy the 34 requirements of any debt service or reserve requirements, if any, of the 35 resolution authorizing such bonds, notes or other obligations. After 36 satisfaction of such requirements of the resolution, or if the authority 37 has not so pledged the moneys in the fund, moneys deposited in the fund 38 shall be directly deposited into the operating and capital costs account 39 and, subject to the provisions of any resolutions of the authority not 40 secured by the pledged amounts account, transferred forthwith to or for 41 the benefit of the New York city transit authority and its subsidiaries 42 and the Staten Island rapid transit operating authority. 43 3. Any moneys deposited in the fund shall be held in the fund free and 44 clear of any claim by any person arising out of or in connection with 45 article thirteen-A of the tax law. Without limiting the generality of 46 the foregoing and without limiting the rights and duties of the commis- 47 sioner of taxation and finance under article thirteen-A of the tax law, 48 or any other person, including the state, a person shall have any right 49 or claim against the authority, any of its bondholders, the authority or 50 the commuter transportation authority to any moneys in or distributed 51 from the fund or in respect of a refund, rebate, credit or reimbursement 52 of taxes paid under article thirteen-A of the tax law. 53 § 1349-dd. Consolidated financings. 1. Notwithstanding any inconsist- 54 ent provisions of this law or any other law, general, special or local, 55 the authority may issue its notes, bonds and other obligations to 56 finance transportation facilities, including transit projects and
A. 5828 112 1 Triborough bridge and tunnel authority projects, utilizing a consol- 2 idated pledge of all or any portion of the revenues and other moneys and 3 assets of the authority and its subsidiaries, the New York city transit 4 authority and its subsidiaries, and the Triborough bridge and tunnel 5 authority, together with those other sources of payment described in 6 this section. In connection therewith, at its discretion, the authority, 7 subject to the rights of the holders of notes, bonds or other obli- 8 gations of the authority, the metropolitan transportation authority, the 9 New York city transit authority or the Triborough bridge and tunnel 10 authority, may: (a) agree with the New York city transit authority or 11 the Triborough bridge and tunnel authority that any such entity shall 12 deposit all or any portion of the revenues, other monies and assets 13 received by it or its subsidiaries into one or more funds or accounts; 14 and (b) deposit or cause to be deposited into one or more funds and 15 accounts: (i) all or any portion of the revenues, other monies and 16 assets received by the authority and its subsidiaries; (ii) all or any 17 portion of the annual operating surplus of the Triborough bridge and 18 tunnel authority as certified pursuant to paragraph (b) of subdivision 19 two of section twelve hundred nineteen-a of this article; (iii) all or 20 any portion of the amounts from the operating and capital costs account 21 of the metropolitan transportation authority dedicated tax fund required 22 to be distributed to New York city transit authority under the 23 provisions of section twelve hundred seventy-c of this article; (iv) all 24 or any portion of the available monies in the transit account of the 25 metropolitan transportation authority special assistance fund estab- 26 lished under the provisions of section twelve hundred seventy-a of this 27 article available for payment of operating and capital costs of the New 28 York city transit authority and its subsidiaries and Staten Island rapid 29 transit operating authority as provided in subdivision two of section 30 twelve hundred seventy-a of this article; (v) all or any portion of the 31 available moneys in the corporate transportation account of the metro- 32 politan transportation authority special assistance fund established 33 under the provisions of section twelve hundred seventy-a of this article 34 available for use by the authority for payment of operating costs of, 35 and capital costs, including debt service and reserve requirements, if 36 any, of or for the authority, the New York city transit authority and 37 their subsidiaries as provided in paragraph (a) of subdivision four of 38 section twelve hundred seventy-a of this article; and (vi) any other 39 monies of the authority, its subsidiaries, the New York city transit 40 authority and its subsidiaries, and the Triborough bridge and tunnel 41 authority from any source whatsoever. 42 2. Amounts so deposited in such funds or accounts may be: (a) pledged 43 by the authority to secure, and be applied to, the payment of its bonds, 44 notes or other obligations issued to finance transportation facilities 45 undertaken for the authority and its subsidiaries, transportation facil- 46 ities, including transit projects, undertaken for the New York city 47 transit authority and its subsidiaries, and Triborough bridge and tunnel 48 authority projects undertaken for the Triborough bridge and tunnel 49 authority; and (b) used for payment of operating costs, and capital 50 costs, including debt service, reserve requirements, if any, the payment 51 of amounts required under bond, note or other financing facilities or 52 agreements, and the payment of all costs related to such obligations, of 53 or for the authority and its subsidiaries, and the New York city transit 54 authority and its subsidiaries as the authority in its full discretion 55 shall determine. To the extent moneys so deposited have been pledged by 56 the authority to secure and pay its bonds, notes or other obligations
A. 5828 113 1 pursuant to this subdivision, such moneys shall first be applied to 2 satisfy the requirements of any debt service or reserve requirements of 3 the resolution or resolutions or other contractual arrangements author- 4 izing such bonds, notes or other obligations. After satisfaction of such 5 requirements of any such resolution, resolutions, or other contractual 6 arrangements or if the authority has not so pledged such moneys, such 7 moneys so deposited, subject to the provisions of any other resolutions 8 or contractual arrangements of the authority and the New York city tran- 9 sit authority and applicable provisions of law, may be transferred to or 10 for the benefit of the authority and its subsidiaries and the New York 11 city transit authority and its subsidiaries. Revenues and other monies 12 of the authority and its subsidiaries and the New York city transit 13 authority and its subsidiaries, respectively, which are deposited in the 14 funds or accounts authorized by this section, as reduced by any applica- 15 tion of such revenues or monies to the payment of debt service, reserve 16 requirements, if any, and other costs attributable to the funding of the 17 capital costs of such entity, shall be allocated, credited and distrib- 18 uted to such source entity. Any other revenues or monies which are 19 deposited in the funds or accounts authorized by this section which are 20 required by law to be allocated or paid to the authority or its subsid- 21 iaries or the New York city transit authority or its subsidiaries, shall 22 be allocated or paid to the entity to which it is required to be allo- 23 cated or paid by law after reduction by an amount equal to the portion 24 thereof applied to the payment of debt service, reserve requirements, if 25 any, and other costs attributable to the funding of the capital costs of 26 such entity. In determining the amount of debt service, reserve 27 requirements, if any, and other costs attributable to the authority and 28 its subsidiaries and the New York city transit authority and its subsid- 29 iaries, the authority shall make such calculation based upon the 30 percentage of the proceeds of the bonds, notes and other obligations 31 expended for the capital costs attributable to each such entity. The 32 authority may utilize any interim allocation of such distributions, 33 provided that within ninety days after the end of each calendar year, 34 the authority shall certify that the aggregate amount of moneys trans- 35 ferred to each of the authority and its subsidiaries, and the New York 36 city transit authority and its subsidiaries in respect of such calendar 37 year, taking into account any interagency repayments or reimbursements 38 anticipated to be made in the next succeeding calendar year, is not less 39 than the amounts required to be paid or transferred to such entities. 40 3. For the purpose of appropriately aligning and allocating the ulti- 41 mate responsibility for debt service among and between the authority and 42 its subsidiaries, the New York city transit authority and its subsid- 43 iaries, or the Triborough bridge and tunnel authority, each being an 44 "affiliated group", and except as otherwise authorized or required by 45 law, in connection with the application of revenues, subsidies or other 46 moneys or securities of an affiliated group to pay the debt service 47 attributable to bonds, notes or other obligations which provide funding 48 of the capital costs of another affiliated group or to refund or redeem 49 bonds, notes or other obligations, the proceeds of which were used to 50 fund the capital costs of another affiliated group, the affiliated group 51 for whose benefit debt service is paid or obligations refunded or 52 redeemed, shall repay, through payments, adjustments or other form of 53 reconciliation, such amounts to the affiliated group that made such 54 payments not later than the end of the next succeeding fiscal year; 55 provided, however, that in connection with any refunding or redemption 56 of bonds, notes or other obligations, such repayment, adjustments or
A. 5828 114 1 other form of reconciliation shall be completed within the period of the 2 applicable capital program plan. 3 § 1349-ee. Regulation of certain authority expenditures. The authori- 4 ty shall implement policies as appropriate to minimize unwarranted 5 expenses and to protect against abuses in connection with (a) the grant- 6 ing of any privileges or benefits having financial value, other than 7 wage payments or expense reimbursements, to members or staff of the 8 authority, or any subsidiary or other authority created by the authori- 9 ty; and (b) the full-time and part-time assignment and use of automo- 10 biles owned or leased by the authority, or any subsidiary or other 11 authority created by the authority, and the use by authority employees 12 and board members of livery vehicles, as defined in section one hundred 13 twenty-one-e of the vehicle and traffic law. 14 § 1349-ff. Metropolitan transportation authority finance fund. 1. The 15 authority shall establish a fund to be known as the "metropolitan trans- 16 portation authority finance fund" which shall be kept separate from and 17 shall not be commingled with any other moneys of the authority. 18 2. Moneys in the fund may be: (a) pledged by the authority to secure 19 and be applied to the payment of the bonds, notes or other obligations 20 of the authority issued on or after the effective date of this section 21 to finance capital projects of the authority and its subsidiaries and 22 the New York city transit authority and any subsidiaries; or (b) used 23 for payment of capital costs, including debt service, reserve require- 24 ments, if any, the payment of amounts required under bond and note 25 facilities or agreements related thereto, the payment of federal govern- 26 ment loans, security or credit arrangements or other agreements related 27 thereto, and the payment of all costs related to such obligations, of or 28 for the authority, the New York city transit authority and their subsid- 29 iaries as the authority shall determine. Subject to the provisions of 30 any such pledge, or in the event there is no such pledge, any excess 31 moneys in this fund may be used by the authority for payment of operat- 32 ing costs of, and capital costs, including debt service and reserve 33 requirements, if any, of or for the authority, the New York city transit 34 authority and their subsidiaries as the authority shall determine. To 35 the extent moneys in the fund have been pledged by the authority to 36 secure and pay the bonds, notes or other obligations of the authority 37 issued to finance capital projects of the authority and its subsidiaries 38 and the New York city transit authority and any subsidiaries as herein 39 provided, moneys deposited into the fund shall be deposited to the 40 extent necessary to satisfy the requirements of any debt service or 41 reserve requirements, if any, of the resolution authorizing such bonds, 42 notes or other obligations. 43 3. Any moneys deposited in the fund shall be held in the fund free and 44 clear of any claim by any person arising out of or in connection with 45 article twenty-three of the tax law. Without limiting the generality of 46 the foregoing and without limiting the rights and duties of the commis- 47 sioner of taxation and finance under article twenty-three of the tax 48 law, a person shall have any right or claim against the authority, any 49 of their bondholders, any of the authority's other subsidiaries or the 50 New York city transit authority or any subsidiary to any moneys in or 51 distributed from the fund or in respect of a refund, rebate, credit or 52 reimbursement of taxes paid under article twenty-three of the tax law. 53 § 1349-gg. New York city transportation assistance fund. 1. The 54 authority shall create and establish a fund to be known as the "New York 55 city transportation assistance fund" which shall be kept separate from 56 and shall not be commingled with any other moneys of the authority. The
A. 5828 115 1 New York city transportation assistance fund shall consist of three 2 separate accounts: (a) the "subway action plan account"; (b) the "outer 3 borough transportation account"; and (c) the "general transportation 4 account". 5 2. Moneys in the subway action plan account shall be used for the 6 exclusive purpose of funding the operating and capital costs of the 7 metropolitan transportation authority's New York city subway action 8 plan. Such funds may be used for infrastructure including construction, 9 reconstruction, reconditioning and preservation of transportation 10 systems, facilities and equipment, acquisition of property, and for 11 operating costs including personal services, non-personal services, 12 fringe benefits, and contractual services. Funds may also be used to pay 13 or to reimburse the authority for its payment of debt service and 14 reserve requirements on that portion of authority bonds and notes issued 15 by the authority for capital costs of the metropolitan transportation 16 authority's New York city subway action plan. 17 3. Moneys in the outer borough transportation account shall be used 18 for the exclusive purpose of funding the operating and capital costs of 19 metropolitan transportation authority facilities, equipment and services 20 in the counties of Bronx, Kings, Queens and Richmond, and any projects 21 improving transportation connections from such counties to New York 22 county. Such funds may be used for infrastructure including 23 construction, reconstruction, reconditioning and preservation of trans- 24 portation systems, facilities and equipment, acquisition of property, 25 and for operating costs including personal services, non-personal 26 services, fringe benefits, and contractual services. Funds may also be 27 used to fund a toll reduction program for any crossings under the juris- 28 diction of the metropolitan transportation authority or its subsidiaries 29 or affiliates. Funds may also be used to pay or to reimburse the author- 30 ity for its payment of debt service and reserve requirements on that 31 portion of authority bonds and notes that have been issued by the 32 authority specifically for the authorized purpose of this account. 33 Notwithstanding any law to the contrary, final approval of the use of 34 any funds paid into the outer borough transportation account shall be 35 approved by the mayor. 36 4. Moneys in the general transportation account shall be used for 37 funding the operating and capital costs of the metropolitan transporta- 38 tion authority. Such funds may be used for infrastructure including 39 construction, reconstruction, reconditioning and preservation of trans- 40 portation systems, facilities and equipment, acquisition of property, 41 and for operating costs including personal services, non-personal 42 services, fringe benefits, and contractual services. Funds may also be 43 used to pay or to reimburse the authority for its payment of debt 44 service and reserve requirements on that portion of authority bonds and 45 notes that have been issued by the authority specifically for the 46 purposes of this account. 47 5. Any revenues deposited in the subway action plan account, the outer 48 borough transportation account, or the general transportation account 49 pursuant to subdivision one of this section shall be used exclusively 50 for the purposes described, respectively, in subdivisions two, three, 51 and four of this section. Such revenues shall only supplement and shall 52 not supplant any federal, state, or local funds expended by the metro- 53 politan transportation authority, such authority's affiliates or subsid- 54 iaries for such respective purposes. 55 6. Any revenues deposited into the New York city transportation 56 assistance fund pursuant to subdivision one of this section shall not be
A. 5828 116 1 diverted into the general fund of the state, any other fund maintained 2 for the support of any other governmental purpose, or for any other 3 purpose not authorized by subdivisions two, three and four of this 4 section. 5 7. The authority shall report on the receipt and uses of all funds 6 received by the New York city transportation assistance fund, and in 7 each of its accounts, to the director of the budget, the temporary pres- 8 ident of the senate, and the speaker of the assembly, on an annual basis 9 no later than the first day of February. 10 § 1349-hh. Agreement of the state. The state does hereby pledge to and 11 agree with the authority and its subsidiaries, the New York city transit 12 authority and its subsidiaries, and the Triborough bridge and tunnel 13 authority, and the holders of any notes, bonds or other obligations, 14 including lease obligations, issued or incurred under this title, that 15 the state shall not limit or alter the denial of authority under subdi- 16 vision nine of section thirteen hundred forty-nine-u of this title, or 17 the rights and powers vested in the authority and its subsidiaries, the 18 New York city transit authority and its subsidiaries, and the Triborough 19 bridge and tunnel authority by this title to fulfill the terms of any 20 agreements made by any of them with the holders thereof, or in any way 21 impair the rights and remedies of such holders until such notes, bonds 22 or other obligations, including lease obligations, together with the 23 interest thereon, with interest on any unpaid installments of interest, 24 and all costs and expenses for which the authority or its subsidiaries, 25 the New York city transit authority and its subsidiaries, and the 26 Triborough bridge and tunnel authority is liable in connection with any 27 action or proceeding by or on behalf of such holders, are fully met and 28 discharged. The authority and its subsidiaries, the New York city trans- 29 it authority and its subsidiaries, and the Triborough bridge and tunnel 30 authority are each authorized to include this pledge and agreement of 31 the state in any agreement with the holders of such notes, bonds or 32 other obligations, including lease obligations. 33 § 1349-ii. Right of state to require redemption of bonds. Notwith- 34 standing, and in addition to any provisions for the redemption of bonds 35 which may be contained in any contract with the holders of the bonds, 36 the state may, upon furnishing sufficient funds therefor, require the 37 authority to redeem, prior to maturity, as a whole, any issue of bonds 38 on any interest payment date not less than twenty years after the date 39 of the bonds of such issue at one hundred five per centum of their face 40 value and accrued interest or at such lower redemption price as may be 41 provided in the bonds in case of the redemption thereof as a whole on 42 the redemption date. Notice of such redemption shall be published in at 43 least two newspapers publishing and circulating respectively in the 44 cities of Albany and New York at least twice, the first publication to 45 be at least thirty days before the date of redemption. 46 § 1349-jj. Remedies of noteholders and bondholders. 1. In the event 47 that the authority shall default in the payment of principal of or 48 interest on any issue of notes or bonds after the same shall become due, 49 whether at maturity or upon call for redemption, and such default shall 50 continue for a period of thirty days, or in the event that the authority 51 shall fail or refuse to comply with the provisions of this title or 52 shall default in any agreement made with the holders of any issue of 53 notes or bonds, the holders of twenty-five per centum in aggregate prin- 54 cipal amount of the notes or bonds of such issue then outstanding, by 55 instrument or instruments filed in the office of the clerk of any county 56 in which the authority operates and has an office and proved or acknowl-
A. 5828 117 1 edged in the same manner as a deed to be recorded, may appoint a trustee 2 to represent the holders of such notes or bonds for the purposes 3 provided by this section. 4 2. Such trustee may, and upon written request of the holders of twen- 5 ty-five per centum in principal amount of such notes or bonds then 6 outstanding, shall, in their own name: 7 (a) by suit, action or proceeding in accordance with the civil prac- 8 tice law and rules, enforce all rights of the noteholders or bondhold- 9 ers, including the right to require the authority to collect fares, 10 tolls, rentals, rates, charges and other fees adequate to carry out any 11 agreement as to, or pledge of, such fares, tolls, rentals, rates, charg- 12 es and other fees and to require the authority to carry out any other 13 agreements with the holders of such notes or bonds and to perform its 14 duties under this title; 15 (b) bring suit upon such notes or bonds; 16 (c) by action or suit, require the authority to account as if it were 17 the trustee of an express trust for the holders of such notes or bonds; 18 (d) by action or suit, enjoin any acts or things which may be unlawful 19 or in violation of the rights of the holders of such notes or bonds; and 20 (e) declare all such notes or bonds due and payable, and if all 21 defaults shall be made good, then, with the consent of the holders of 22 twenty-five per centum of the principal amount of such notes or bonds 23 then outstanding, to annul such declaration and its consequences. 24 3. Such trustee shall in addition to the foregoing have and possess 25 all of the powers necessary or appropriate for the exercise of any func- 26 tions specifically set forth herein or incident to the general represen- 27 tation of bondholders or noteholders in the enforcement and protection 28 of their rights. 29 4. The supreme court shall have jurisdiction of any suit, action or 30 proceeding by the trustee on behalf of such noteholders or bondholders. 31 The venue of any such suit, action or proceeding shall be laid in the 32 county in which the instrument or instruments are filed in accordance 33 with subdivision one of this section. 34 5. Before declaring the principal of notes or bonds due and payable, 35 the trustee shall first give thirty days' notice, in writing, to the 36 mayor, the authority, the comptroller and the public advocate. 37 § 1349-kk. Notes and bonds as legal investment. The notes and bonds of 38 the authority are hereby made securities in which all public officers 39 and bodies of the state and all municipalities and political subdivi- 40 sions, all insurance companies and associations and all other persons 41 carrying on an insurance business, all banks, bankers, trust companies, 42 savings banks and savings associations, including savings and loan asso- 43 ciations, building and loan associations, investment companies and other 44 persons carrying on a banking business, all administrators, guardians, 45 executors, trustees and other fiduciaries, and all other persons whatso- 46 ever who are now or who may hereinafter be authorized to invest in bonds 47 or other obligations of the state, may properly and legally invest 48 funds, including capital, in their control or belonging to them. 49 Notwithstanding any other provisions of law, the bonds of the authority 50 are also hereby made securities which may be deposited with and shall be 51 received by all public officers and bodies of this state and all munici- 52 palities and political subdivisions for any purpose for which the depos- 53 it of bonds or other obligations of the state is now or may hereinafter 54 be authorized. 55 § 1349-ll. Exemption from taxation. It is hereby found, determined and 56 declared that the creation of the authority and the carrying out of its
A. 5828 118 1 purposes is, in all respects, for the benefit of the people of the city 2 of New York and for the improvement of their health, welfare and pros- 3 perity and is a public purpose, and that the authority shall be perform- 4 ing an essential governmental function in the exercise of the powers 5 conferred upon it by this title. Without limiting the generality of the 6 following provisions of this section, property owned by the authority, 7 property leased by the authority and used for transportation purposes, 8 and property used for transportation purposes by or for the benefit of 9 the authority exclusively pursuant to the provisions of a joint service 10 arrangement or of a joint facilities agreement or trackage rights agree- 11 ment shall all be exempt from taxation and special ad valorem levies. 12 The authority shall be required to pay no fees, taxes or assessments, 13 whether state or local, including but not limited to fees, taxes or 14 assessments on real estate, franchise taxes, sales taxes or other excise 15 taxes, upon any of its property, or upon the use thereof, or upon its 16 activities in the operation and maintenance of its facilities or on any 17 fares, tolls, rentals, rates, charges or other fees, revenues or other 18 income received by the authority and the bonds of the authority and the 19 income therefrom shall at all times be exempt from taxation, except for 20 gift and estate taxes and taxes on transfers. This section shall consti- 21 tute a covenant and agreement with the holders of all bonds issued by 22 the authority. The terms "taxation" and "special ad valorem levy" shall 23 have the same meanings as defined in section one hundred two of the real 24 property tax law and the term "transportation purposes" shall have the 25 same meaning as used in titles two-A and two-B of article four of such 26 law. 27 § 1349-mm. Actions against the authority. 1. As a condition to the 28 consent of the state to suits against the authority, in every action 29 against the authority for damages, for injuries to real or personal 30 property or for the destruction thereof, or for personal injuries or 31 death, the complaint shall contain an allegation that at least thirty 32 days have elapsed since the demand, claim or claims upon which such 33 action is founded were presented to a member of the authority or other 34 officer designated for such purpose and that the authority has neglected 35 or refused to make an adjustment or payment thereof. 36 2. An action against the authority founded on tort, except an action 37 for wrongful death, shall not be commenced more than fifteen months 38 after the cause of action therefor shall have accrued, nor unless a 39 notice of claim shall have been served on the authority within the time 40 limited by and in compliance with all the requirements of section 41 fifty-e of the general municipal law. An action against the authority 42 for wrongful death shall be commenced in accordance with the notice of 43 claim and time limitation provisions of title eleven of article nine of 44 this chapter. 45 3. The authority shall be liable, and shall assume the liability to 46 the extent that it shall save harmless any duly appointed officer or 47 employee of the authority, for the negligence of such officer or employ- 48 ee, in the operation of a vehicle or other facility of transportation 49 owned or otherwise under the jurisdiction and control of the authority 50 in the discharge of a duty imposed upon such officer or employee at the 51 time of the accident, injury or damages complained of, while otherwise 52 acting in the performance of their duties and within the scope of their 53 employment. 54 4. The authority may require any person, presenting for settlement an 55 account or claim for any cause whatever against the authority, to be 56 sworn before a member, counsel or an attorney, officer or employee of
A. 5828 119 1 the authority designated for such purpose, concerning such account or 2 claim and when so sworn to answer orally as to any facts relative to 3 such account or claim. The authority shall have power to settle or 4 adjust all claims in favor of or against the authority. 5 5. The rate of interest to be paid by the authority upon any judgment 6 for which it is liable shall not exceed four per centum per annum. 7 6. The provisions of this section which relate to the requirement for 8 service of a notice of claim shall not apply to a subsidiary corporation 9 of the authority. In all other respects, each subsidiary corporation of 10 the authority shall be subject to the provisions of this section as if 11 such subsidiary corporation were separately named herein, provided, 12 however, that a subsidiary corporation of the authority which is a stock 13 corporation shall not be subject to the provisions of this section 14 except with respect to those causes of action arising on and after the 15 first day of the twelfth calendar month following that calendar month in 16 which such stock corporation becomes a subsidiary corporation of the 17 authority. 18 § 1349-nn. Annual audit of authority. The comptroller shall conduct an 19 annual audit of the books and records of the authority and its subsid- 20 iary corporations. Such audit shall include a complete and thorough 21 examination of such authority's receipts, disbursements, revenues and 22 expenses during the prior fiscal year in accordance with the categories 23 or classifications established by such authority for its own operating 24 and capital outlay purposes; assets and liabilities at the end of its 25 last fiscal year including the status of reserve, depreciation, special 26 or other funds and including the receipts and payments of these funds; 27 schedule of bonds and notes outstanding at the end of its fiscal year 28 and their redemption dates, together with a statement of the amounts 29 redeemed and incurred during such fiscal year; operations, debt service 30 and capital construction during the prior fiscal year. 31 The comptroller, upon completion of such audit, shall within sixty 32 days thereafter, report to the mayor and city council of their findings, 33 conclusions and recommendations thereof. 34 § 1349-oo. Authority budget and financial plan. 1. In addition to the 35 requirements of section twenty-eight hundred two of this chapter, each 36 authority budget and plan shall be posted on its website and shall: (a) 37 present information relating to the authority and each of its agencies 38 in a clear and consistent manner and format; (b) be prepared in accord- 39 ance with generally accepted accounting principles, except as otherwise 40 consented to by the comptroller upon a showing of good cause; (c) be 41 based on reasonable assumptions and methods of estimation; (d) include 42 estimates of projected operating revenues and expenses; (e) identify any 43 planned transaction that would shift resources, from any source, from 44 one fiscal year to another, and the amount of any reserves; and (f) 45 contain a summary in plain English of the principal information in the 46 budget and conclusions to be drawn from it. 47 2. The authority shall prepare and make available for public 48 inspection on its website information that details the sources of data 49 and the assumptions and methods of estimation used to calculate all 50 operating and capital budget projections, consistent with generally 51 accepted budgetary practices. 52 3. The authority shall establish, at least annually, the quarterly 53 revenue and expense targets for the authority, and for each subsidiary 54 or other authority created by the authority itself and for which it 55 reports financial data.
A. 5828 120 1 4. The authority shall prepare and make available for public 2 inspection on its website: (a) within sixty days of the release of the 3 adopted budget and any updates to the budget, except updates released 4 within ninety days of the close of the fiscal year, monthly projections 5 for the current fiscal year of all revenues and expenses, staffing for 6 the authority and each of its agencies, and utilization for each of the 7 authority's agencies that operate transportation systems, including 8 bridges and tunnels; (b) within sixty days after the close of each quar- 9 ter, a comparison of actual revenues and expenses, actual staffing and 10 actual utilization to planned or projected levels for each of the 11 authority's agencies that operate transportation systems, including 12 bridges and tunnels, with an explanation of each material variance and 13 its budgetary impact; and (c) within ninety days after the close of each 14 quarter, the status of each gap-closing initiative with a projected 15 value greater than one million dollars in any given fiscal year; the 16 status of capital projects by capital element, including but not limited 17 to commitments, expenditures and completions; and an explanation of 18 material variances from the plan, cost overruns and delays. 19 5. Financial information required to be submitted by the authority 20 pursuant to paragraphs (d) and (e) of subdivision one of section thir- 21 teen hundred forty-nine-x of this title shall be presented in a format 22 consistent with the budget and plan, in downloadable, searchable format. 23 § 1349-pp. Independent audit of authority. The independent auditor 24 retained by the authority shall not provide to the authority, contempo- 25 raneously with the audit, unless it shall have previously received writ- 26 ten approval by the audit committee, any non-audit service, including: 27 1. routine bookkeeping or other services; 28 2. financial information systems design and implementation; 29 3. appraisal or valuation services, fairness opinions, or contribu- 30 tion-in-kind reports; 31 4. actuarial services; 32 5. outsourcing services; 33 6. authority management functions or human resources; 34 7. broker or dealer, investment advisor or investment banking 35 services; and 36 8. legal services and expert services unrelated to the audit. 37 § 1349-qq. Independent audit by the legislature. After the submission 38 of the annual independent audit report to the legislature pursuant to 39 section twenty-eight hundred two of this chapter, and after review of 40 such report, the temporary president of the senate and the speaker of 41 the assembly may commission an auditing firm, every two years, to 42 conduct an independent audit of the authority, including its subsid- 43 iaries. The temporary president of the senate and the speaker of the 44 assembly shall set the scope of such audit and determine the terms of 45 the request for proposal for such audit. Such audit shall be performed 46 for the second year after the effective date of this section. The 47 authority shall fully cooperate with and assist in such an audit. 48 § 1349-rr. Reporting. The authority shall post on its website on or 49 before the first of May, the law firms retained by the authority which 50 in the past year received payment for services in such year. 51 § 1349-ss. Transfer and receipt of surplus funds. Notwithstanding any 52 provision of this title or any other provision of law, general, special 53 or local, the authority may from time to time transfer and pay over to 54 New York city transit authority or Triborough bridge and tunnel authori- 55 ty all or any part of its surplus funds; and may accept and use any
A. 5828 121 1 moneys transferred and paid over to it by New York city transit authori- 2 ty or Triborough bridge and tunnel authority. 3 § 1349-tt. Title not affected if in part unconstitutional or ineffec- 4 tive. If any provision of any section of this title or the application 5 thereof to any person or circumstance shall be adjudged invalid by a 6 court of competent jurisdiction, such order or judgment shall be 7 confined in its operation to the controversy in which it was rendered, 8 and shall not affect or invalidate the remainder of any provision of any 9 section of this title or the application of any part thereof to any 10 other person or circumstance and to this end the provisions of each 11 section of this title are hereby declared to be severable. 12 § 1349-uu. Big apple transit authority inspector general. 1. There is 13 hereby created in the big apple transit authority an office of big apple 14 transit authority inspector general. The inspector general shall be 15 appointed by the mayor with the advice and consent of the city council. 16 The inspector general shall, prior to their appointment, have had at 17 least ten years experience in the management of transportation services, 18 in auditing and investigation of governmental operations, or in services 19 related to management and productivity improvement. The term of office 20 of the inspector general shall be five years from the effective date of 21 appointment, and they shall serve at the pleasure of the mayor. The 22 salary of the inspector general shall be determined by the authority 23 board. 24 2. The inspector general shall annually submit to the board of the big 25 apple transit authority a budget request for the operation of the 26 office. If the board disapproves any portion of such request and the 27 commissioner determines such disapproval to be unreasonable, such 28 commissioner shall withhold from payments due such authority, the amount 29 so determined to be unreasonable and transfer such amount to the office 30 of the big apple transit authority inspector general. 31 3. The inspector general shall have full and unrestricted access to 32 all records, information, data, reports, plans, projections, matters, 33 contracts, memoranda, correspondence and any other materials of the big 34 apple transit authority and its affiliates, or any other agency that may 35 come under the control of the authority, or within their custody or 36 control. 37 4. The inspector general, notwithstanding the provisions of this 38 title, title nine of this article and title three of article three of 39 this chapter, shall have the following functions, powers and duties: 40 (a) to receive and investigate complaints from any source or upon 41 their own initiative concerning alleged abuses, frauds and service defi- 42 ciencies, including deficiencies in the maintenance and operation of 43 facilities, relating to the authority and its affiliates; 44 (b) to initiate such reviews as they may deem appropriate of the oper- 45 ations of the authority and its affiliate subsidiaries, in order to 46 identify areas in which performance might be improved and available 47 funds used more effectively; 48 (c) to recommend remedial actions to be taken by the authority and its 49 affiliates, to overcome or correct operating or maintenance deficiencies 50 and inefficiencies that they determine to exist; 51 (d) to make available to appropriate law enforcement officials infor- 52 mation and evidence that relate to criminal acts that they may obtain in 53 carrying out their duties; 54 (e) to subpoena witnesses, administer oaths or affirmations, take 55 testimony and compel the production of such books, papers, records and 56 documents as they may deem to be relevant to any inquiry or investi-
A. 5828 122 1 gation undertaken pursuant to this section and to delegate such powers 2 to a duly authorized deputy inspector general; 3 (f) to monitor the implementation by the authority and its subsid- 4 iaries, the Triborough bridge and tunnel authority and the New York city 5 transit authority and its subsidiaries of recommendations made by the 6 inspector general or other audit agencies; and 7 (g) to do all things necessary to carry out the functions, powers and 8 duties set forth in this section. 9 5. The inspector general shall cooperate, consult and coordinate with 10 the state public transportation safety board with regard to any activity 11 concerning the operations of the big apple transit authority. With 12 respect to any accident on the facilities of the big apple transit 13 authority, the primary responsibility for investigation shall be that of 14 the board which shall share its findings with the big apple transit 15 authority inspector general. 16 6. The inspector general shall make annual public reports on their 17 findings and recommendations. Such a report shall be filed in the office 18 of the mayor and with the city council on or before the first day of 19 February for the preceding year. The big apple transit authority and its 20 applicable constituent agencies shall prepare a response to the annual 21 report and to any and all other final reports made by the inspector 22 general within thirty days of receipt, which time may be extended by the 23 inspector general in their discretion, indicating whether such authority 24 intends to implement the recommendations in such reports, and, if not, 25 an explanation of why not. In addition, the big apple transit authority 26 and its applicable constituent agencies shall give quarterly reports to 27 the inspector general outlining the status of each of the recommenda- 28 tions made by the inspector general in their final reports. Copies of 29 all such reports shall be sent to the mayor and the speaker of the city 30 council. 31 7. To effectuate the purposes of this section, the inspector general 32 may request from any department, board, bureau, commission, office or 33 other agency of the state, or of any of its political subdivisions, such 34 cooperation, assistance, services and data as shall enable them to carry 35 out their functions, powers and duties hereunder, and such departments, 36 boards, bureaus, commissions, offices or other agencies of the state are 37 authorized and directed to provide such cooperation, assistance, 38 services and data. 39 § 1349-vv. Management advisory board. 1. There is hereby created in 40 the office of the big apple transit authority inspector general a 41 management advisory board, consisting of thirteen members appointed by 42 the mayor, of whom two shall be appointed upon nomination by the city 43 council. All members shall serve for a term of three years. One of the 44 members appointed to the management advisory board directly by the mayor 45 shall be designated by the mayor to serve as its chair. 46 2. All members of the management advisory board shall be residents of 47 the city and shall be persons with substantial experience in the manage- 48 ment of private enterprises, in the delivery of public services, or in 49 labor or labor-management relations. 50 3. The management advisory board shall assist the big apple transit 51 authority inspector general in identifying ways to improve services, 52 reduce costs and increase the efficiency of the authority and its 53 subsidiaries, the Triborough bridge and tunnel authority or the New York 54 city transit authority and its subsidiaries. 55 4. No later than April first, two thousand twenty-six. Proceeding the 56 effective date of this section, and annually thereafter, the management
A. 5828 123 1 advisory board shall submit to the mayor and the city council a report 2 on its activities during the previous year. 3 5. The office of the big apple transit authority inspector general 4 shall provide the management advisory board with such staff support as 5 may be required for the performance of its duties. 6 6. Members of the management advisory board shall serve without 7 compensation, but shall be reimbursed for expenses reasonably incurred 8 in the performance of their duties. 9 § 1349-ww. The office of legislative and community input. 1. The 10 chairperson of the authority shall establish the office of legislative 11 and community input for the purpose of communicating information to, and 12 receiving comments, concerns and recommendations from, members of the 13 city council, and members of the permanent citizens advisory committee 14 to the authority, as defined in section thirteen hundred forty-nine-m of 15 this title, on the following: 16 (a) the operations of the rapid transit and omnibus facilities of the 17 authority, including but not limited to: 18 (i) the quality of service provided on any rapid transit, and omnibus 19 line or route; 20 (ii) the frequency of operating service on the authority's mass trans- 21 it facilities; 22 (iii) the maintenance and condition of the authority's mass transit 23 facilities, including but not limited to, rapid transit and buses, fare 24 collection systems and sound systems; and 25 (iv) proposed service changes, including any reductions or expansion 26 of services, as it relates to the authority's mass transit facilities; 27 and 28 (b) any proposed, submitted and/or approved capital program plan, its 29 components, elements and projects, and associated expenditures. Any such 30 comments, concerns and recommendations relating to the capital program 31 plan, its components, elements and projects, and associated expenditures 32 shall be taken into consideration in the development of the current and 33 each successive capital program plan and/or any amendment to such plan. 34 2. The office shall establish a process to ensure timely notification 35 of the receipt of, and response to, comments, concerns, and recommenda- 36 tions by members of the legislature or members of the permanent citizens 37 advisory committee to the authority. 38 3. The chair and office shall prepare a report containing the follow- 39 ing information: 40 (a) a compilation of the comments, concerns, and recommendations 41 received by the office; 42 (b) how these comments, concerns or recommendations were or will be 43 addressed, such as the authority's response by the incorporation or 44 initiation of system and operational adjustments, improvements or expan- 45 sions if applicable; and 46 (c) how these comments, concerns or recommendations were or will be 47 addressed, such as the authority's response by changing or amending the 48 capital plan, as well as providing status updates on the progress of 49 such plan. 50 4. Such report shall, on a biannual basis commencing September first, 51 two thousand twenty-six, succeeding the effective date of this section, 52 be submitted to the mayor, the speaker of the city council and be posted 53 on the authority's website and also be made readily available to the 54 public. 55 § 1349-xx. Supplemental revenue reporting program. 1. On or before the 56 first of January next succeeding the effective date of this section, the
A. 5828 124 1 authority shall develop a supplemental revenue reporting program. Such 2 program shall provide a detailed accounting of the amount spent from 3 supplemental revenues on actions, measures or projects undertaken to 4 reduce major incidents that have been found to cause delays to the New 5 York city subway system, including but not limited to: track incidents; 6 signal failure; persons on the track; police and medical activity; 7 structural and electrical problems; and broken traincar equipment. The 8 information described in this subdivision, including the spending 9 details and the associated category of major incident, shall be updated 10 quarterly and be prominently posted together on the authority's website. 11 2. For purposes of this section, "supplemental revenues" shall include 12 any funds appropriated by the state or the city of New York to support 13 the NYC subway action plan approved by the board of the authority. 14 § 2. This act shall take effect January 1, 2026. 15 PART E 16 Section 1. Article 5 of the public authorities law is amended by 17 adding a new title 11-F to read as follows: 18 TITLE 11-F 19 COMMUTER TRANSPORTATION AUTHORITY 20 Section 1349-aaaa. Short title. 21 1349-bbbb. Definitions. 22 1349-cccc. Commuter transportation authority. 23 1349-dddd. Purposes of the authority. 24 1349-eeee. State of emergency; boarding of a commuter transpor- 25 tation by domestic companion animals. 26 1349-ffff. General powers of the authority. 27 1349-gggg. Contracts. 28 1349-hhhh. Commuter transportation authority small business 29 mentoring program. 30 1349-iiii. Special powers of the authority. 31 1349-jjjj. Medical emergency services. 32 1349-kkkk. Medical emergency services plan; implementation on 33 Long Island Rail Road. 34 1349-llll. Long Island Rail Road commuter council. 35 1349-mmmm. Metro-North rail commuter council. 36 1349-nnnn. Medical emergency services plan; implementation on 37 Metro-North Commuter Railroad Company. 38 1349-oooo. Excess loss fund. 39 1349-pppp. Authority police force. 40 1349-qqqq. The permanent citizens advisory committee. 41 1349-rrrr. Commuter transportation authority pledge to custom- 42 ers. 43 1349-ssss. Expired fare transfer policy. 44 1349-tttt. Acquisition and disposition of real property. 45 1349-uuuu. Acquisition and disposition of real property by 46 department of transportation. 47 1349-vvvv. Cooperation and assistance of other agencies. 48 1349-wwww. Promotion of qualified transportation fringes. 49 1349-xxxx. Notes, bonds and other obligations of the authority. 50 1349-yyyy. Capital program plans; approvals; effect of disap- 51 proval. 52 1349-zzzz. Submission of strategic operation plan. 53 1349-aaaaa. Financial and operational reports.
A. 5828 125 1 1349-bbbbb. Mission statement and measurement report. 2 1349-ccccc. Requirements for certain authority contracts and 3 related subcontracts. 4 1349-ddddd. Reserve funds and appropriations. 5 1349-eeeee. Consolidated financings. 6 1349-fffff. Regulation of certain authority expenditures. 7 1349-ggggg. Agreement of the state. 8 1349-hhhhh. Right of state to require redemption of bonds. 9 1349-iiiii. Remedies of noteholders and bondholders. 10 1349-jjjjj. Notes and bonds as legal investment. 11 1349-kkkkk. Exemption from taxation. 12 1349-lllll. Actions against the authority. 13 1349-mmmmm. Annual audit of the authority. 14 1349-nnnnn. Authority budget and financial plan. 15 1349-ooooo. Independent audit of the authority. 16 1349-ppppp. Independent audit by the legislature. 17 1349-qqqqq. Reporting. 18 1349-rrrrr. Station operation and maintenance. 19 1349-sssss. Transfer and receipt of surplus funds. 20 1349-ttttt. Title not affected if in part unconstitutional or 21 ineffective. 22 1349-uuuuu. Commuter transportation authority inspector general. 23 1349-vvvvv. Management advisory board. 24 1349-wwwww. Transition-election to withdraw from the metropol- 25 itan commuter transportation district. 26 1349-xxxxx. The office of legislative and community input. 27 1349-yyyyy. Debarment. 28 1349-zzzzz. Right to share employees. 29 § 1349-aaaa. Short title. This title may be known and may be cited as 30 the "Metropolitan Commuter Authority Act". 31 § 1349-bbbb. Definitions. As used or referred to in this title, unless 32 a different meaning clearly appears from the context: 33 1. "Authority" shall mean the corporation created by section thirteen 34 hundred forty-nine-cccc of this title. 35 2. "Authority facilities" shall mean the authority's railroad, omni- 36 bus, marine and aviation facilities and operations pursuant to joint 37 service arrangements. 38 3. "Budget" shall mean the preliminary, final proposed and adopted 39 final plans of the authority, and each of its agencies. 40 4. "Comptroller" shall mean the comptroller of the state of New York. 41 5. "Equipment" shall mean rolling stock, omnibuses, vehicles, air, 42 marine or surface craft, motors, boilers, engines, wires, ways, conduits 43 and mechanisms, machinery, tools, implements, materials, supplies, 44 instruments and devices of every nature whatsoever used or useful for 45 transportation purposes or for the generation or transmission of motive 46 power including but not limited to all power houses, and all apparatus 47 and all devices for signaling, communications and ventilation as may be 48 necessary, convenient or desirable for the operation of a transportation 49 facility. 50 6. "Federal government" shall mean the United States of America, and 51 any officer, department, board, commission, bureau, division, corpo- 52 ration, agency or instrumentality thereof. 53 7. "Gap" shall mean the difference between projected revenues and 54 expenses for any given fiscal year based on the existing fare structure. 55 8. "Gap-closing initiative" shall mean any action to reduce a project- 56 ed gap.
A. 5828 126 1 9. "Joint service arrangements" shall mean agreements between or among 2 the authority and any common carrier or freight forwarder, the state, 3 any state agency, the federal government, any other state or agency or 4 instrumentality thereof, any public authority of this or any other 5 state, or any political subdivision or municipality of the state, relat- 6 ing to property, buildings, structures, facilities, services, rates, 7 fares, classifications, divisions, allowances or charges, including 8 charges between operators of railroad, omnibus, marine and aviation 9 facilities, or rules or regulations pertaining thereto, for or in 10 connection with or incidental to transportation in part in or upon rail- 11 road, omnibus, marine or aviation facilities located within the district 12 and in part in or upon railroad, omnibus, marine or aviation facilities 13 located outside the district. 14 10. "Marine and aviation facilities" shall mean equipment and craft 15 for the transportation of passengers, mail and cargo between points 16 within the district or pursuant to joint service arrangements, by marine 17 craft and aircraft of all types including but not limited to hydrofoils, 18 ferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or 19 other contrivances now or hereafter used in navigation or movement on 20 waterways or in the navigation of or flight in airspace. It shall also 21 mean any marine port or airport facility within the transportation 22 district but outside the port of New York district as defined in chapter 23 one hundred fifty-four of the laws of nineteen hundred twenty-one, 24 including but not limited to terminals, docks, piers, bulkheads, ramps 25 or any facility or real property necessary, convenient or desirable for 26 the accommodation of passengers and cargo or the docking, sailing, land- 27 ing, taking off, accommodation or servicing of such marine craft or 28 aircraft. 29 11. "Omnibus facilities" shall mean motor vehicles, of the type oper- 30 ated by carriers subject to the jurisdiction of the public service 31 commission, engaged in the transportation of passengers and their 32 baggage, express and mail between points within the district or pursuant 33 to joint service arrangements, and equipment, property, buildings, 34 structures, improvements, loading or unloading areas, parking areas or 35 other facilities, necessary, convenient or desirable for the accommo- 36 dation of such motor vehicles or their passengers, including but not 37 limited to buildings, structures and areas notwithstanding that portions 38 shall not be devoted to any omnibus purpose other than the production of 39 revenues available for the costs and expenses of all or any facilities 40 of the authority. 41 12. "Railroad facilities" shall mean right of way and related track- 42 age, rails, cars, locomotives, other rolling stock, signal, power, fuel, 43 communication and ventilation systems, power plants, stations, termi- 44 nals, storage yards, repair and maintenance shops, yards, equipment and 45 parts, offices and other real estate or personal property used or held 46 for or incidental to the operation, rehabilitation or improvement of any 47 railroad operating or to operate between points within the district or 48 pursuant to joint service arrangements, including but not limited to 49 buildings, structures, and areas notwithstanding that portions thereof 50 shall not be devoted to any railroad purpose other than the production 51 of revenues available for the costs and expenses of all or any facili- 52 ties of the authority. 53 13. "Real property" shall mean lands, structures, franchises and 54 interests in land, waters, lands under water, riparian rights and air 55 rights and any and all things and rights included within said term and 56 includes not only fees simple absolute but also any and all lesser
A. 5828 127 1 interests including but not limited to easements, rights of way, uses, 2 leases, licenses and all other incorporeal hereditaments and every 3 estate, interest or right, legal or equitable, including terms for years 4 and liens thereon by way of judgments, mortgages or otherwise. 5 14. "State" shall mean the state of New York. 6 15. "State agency" shall mean any officer, department, board, commis- 7 sion, bureau, division, public benefit corporation, agency or instrumen- 8 tality of the state. 9 16. "Transportation facility" shall mean any transit, railroad, omni- 10 bus, marine or aviation facility and any person, firm, partnership, 11 association or, corporation which owns, leases or operates any such 12 facility or any other facility used for service in the transportation of 13 passengers, United States mail or personal property as a common carrier 14 for hire and any portion thereof and the rights, leaseholds or other 15 interest therein together with routes, tracks, extensions, connections, 16 parking lots, garages, warehouses, yards, storage yards, maintenance and 17 repair shops, terminals, stations and other related facilities thereof, 18 the devices, appurtenances, and equipment thereof and power plants and 19 other instrumentalities used or useful therefor or in connection there- 20 with. 21 17. "Transportation district" and "district" shall mean the metropol- 22 itan commuter transportation district created by section twelve hundred 23 sixty-two of this article. 24 18. "Transportation purpose" shall mean a purpose that directly 25 supports the missions or purposes of the authority, any of its subsid- 26 iaries, including the realization of revenues derived from property that 27 is, or is to be used as, a transportation facility. 28 19. "New York city transit authority" shall mean the corporation 29 created by section twelve hundred one of this article. 30 20. "Triborough bridge and tunnel authority" shall mean the corpo- 31 ration created by section five hundred fifty-two of this chapter. 32 21. "Inspector general" shall mean the commuter transportation author- 33 ity inspector general. 34 22. "Revenues" shall mean all monies received by the authority or its 35 subsidiaries from whatever source, derived directly or indirectly from 36 or in connection with the operations of the respective entity except for 37 any monies transferred to the metropolitan transportation authority 38 pursuant to section thirteen hundred forty-nine-h of this article that 39 is not returned to the authority pursuant to paragraph (c) of subdivi- 40 sion two of section twelve hundred sixty-six of this article. 41 23. "Transit facility" shall mean rapid transit railroad, omnibus line 42 or any other facility or any railroad used for local service in the 43 transportation of passengers as common carriers for hire or in the 44 transportation of the United States mail or personal property, and any 45 portion thereof and the rights, leaseholds or other interests therein, 46 together with the devices and appurtenances, facilities and equipment 47 thereof and power plants and other instrumentalities used or useful 48 therefor or in connection therewith. 49 24. "Utilization" shall mean public usage of buses and railroads as 50 reflected in empirical data. 51 § 1349-cccc. Commuter transportation authority. 1. (a) (i) There is 52 hereby created the "commuter transportation authority". The authority 53 shall be a body corporate and politic constituting a public benefit 54 corporation. The authority shall consist of a chairperson, seven other 55 voting members, and four non-voting members, as described in subpara- 56 graph (ii) of this paragraph, appointed by the governor and with the
A. 5828 128 1 advice and consent of the senate. Any member appointed shall have expe- 2 rience in one or more of the following areas of expertise: transporta- 3 tion, public administration, business management, finance, accounting, 4 law, engineering, land use, urban and regional planning, management of 5 large capital projects, labor relations, or have experience in some 6 other area of activity central to the mission of the authority. Each 7 voting member other than the chairperson shall be appointed after 8 selection from a written list of three recommendations from the chief 9 executive officer of the county in which such member is required to 10 reside pursuant to the provisions of this subdivision. Of the members 11 appointed on recommendation of the chief executive officer of a county, 12 one such member shall be, at the time of appointment: a resident of the 13 county of Nassau; one a resident of the county of Suffolk; one a resi- 14 dent of the county of Westchester; one a resident of the county of 15 Dutchess; one a resident of the county of Orange; one a resident of the 16 county of Putnam; and one a resident of the county of Rockland. The term 17 of any member who is a resident of a county that has withdrawn from the 18 metropolitan commuter transportation district pursuant to section twelve 19 hundred seventy-nine-b of this article shall terminate upon the effec- 20 tive date of such county's withdrawal from such district. The chair- 21 person and each of the members shall be appointed for a term of six 22 years. The members from the counties of Dutchess, Orange, Putnam and 23 Rockland shall cast one collective vote. 24 (ii) There shall be four non-voting members, as referred to in subpar- 25 agraph (i) of this paragraph. The first non-voting member shall be a 26 regular user of the facilities of the authority and be recommended to 27 the governor by the Metro-North commuter council. The second non-voting 28 member shall be a regular mass transit user of the facilities of the 29 authority and be recommended to the governor by the Long Island Rail 30 Road commuter council. The third non-voting member shall be recommended 31 to the governor by the labor organization representing the majority of 32 employees of the Long Island Rail Road. The fourth non-voting member 33 shall be recommended to the governor by the labor organization repres- 34 enting the majority of employees of the Metro-North Commuter Railroad 35 Company. The chairperson of the authority, at their direction, may 36 exclude such non-voting member from attending any portion of a meeting 37 of the authority or of any committee established pursuant to paragraph 38 (b) of subdivision four of this section held for the purpose of discuss- 39 ing negotiations with labor organizations. 40 (b) Vacancies occurring otherwise than by expiration of term shall be 41 filled in the same manner as original appointments for the balance of 42 the unexpired term. 43 2. The chairperson and the first vice chairperson shall be paid a 44 salary in the amount determined by the authority; the other members 45 shall not receive a salary or other compensation. Each member, includ- 46 ing the chairperson and the first vice chairperson, shall be entitled to 47 reimbursement for actual and necessary expenses incurred in the perform- 48 ance of their official duties. 49 3. (a) A majority of the whole number of members of the authority then 50 in office shall constitute a quorum for the transaction of any business 51 or the exercise of any power of the authority. Except as otherwise spec- 52 ified in this title, for the transaction of any business or the exercise 53 of any power of the authority, the authority shall have power to act by 54 a majority vote of the members present at any meeting at which a quorum 55 is in attendance and except further, that in the event of a tie vote the 56 chairperson shall cast one additional vote.
A. 5828 129 1 (b) For purposes of determining the presence of a quorum, and for 2 purposes of participation on any committee or subcommittee, those 3 members who collectively cast a single vote pursuant to the provisions 4 of paragraph (a) of subdivision one of this section shall be considered 5 to be a single member, and the presence of such member shall be deter- 6 mined as provided in this subdivision. Except as otherwise provided in a 7 by-law adopted as hereinafter provided, such single member constituting 8 those members entitled to a collective vote shall be deemed present as a 9 single member for purposes of a quorum if one or more of the members 10 then in office entitled to cast such collective vote is present, and 11 such collective vote shall be cast in accordance with the majority 12 agreement of the members entitled to a collective vote who are present 13 or in the event a single member entitled to a collective vote is present 14 it shall be cast by that member. To evidence the existence of such 15 majority agreement among the members entitled to a collective vote, each 16 such member shall be polled as to their vote and such poll shall be 17 recorded in the minutes. In the event a majority vote is not achieved by 18 the members entitled to a collective vote who are present, then the vote 19 shall not be cast. Nothing herein shall limit the right of an individual 20 member to participate in board meetings or in other activities of the 21 authority when the other members then in office entitled to collectively 22 cast a vote are not present. At any meeting of the authority at which 23 there is a quorum including all the members then in office entitled to 24 cast a collective vote, the authority may adopt a by-law or by-laws 25 regulating the casting of such collective vote, provided all members 26 then in office entitled to cast a collective vote affirmatively approve 27 such by-law or by-laws. Any action taken by the authority in accordance 28 with any such by-law or by-laws adopted pursuant to the provisions of 29 this paragraph shall take effect in the same manner as any other action 30 of the authority. Any such by-law or by-laws shall not provide for the 31 casting of any fractional vote. Nor shall such a by-law or by-laws 32 provide for the amendment, repeal or adoption in the future of such a 33 by-law or by-laws in a manner other than that set forth in this para- 34 graph. 35 (c) No provision of paragraph (b) of this subdivision relating to the 36 adoption of certain by-laws by the authority shall affect the manner in 37 which by-laws of the authority are adopted concerning any subject other 38 than the voting and presence for quorum purposes of the members from the 39 counties of Dutchess, Putnam, Orange and Rockland. 40 4. (a) Notwithstanding any provision of law to the contrary, the 41 chairperson shall be the chief executive officer of the authority and 42 shall be responsible for the discharge of the executive and administra- 43 tive functions and powers of the authority. The chairperson may appoint 44 an executive director and such other officials and employees as shall in 45 their judgment be needed to discharge the executive and administrative 46 functions and powers of the authority. 47 (b) The chairperson shall establish committees to assist in the 48 performance of their duties and shall appoint members of the authority 49 to such committees. Among such committees, there shall be: (i) a commit- 50 tee on operations of the Long Island Rail Road and the metropolitan 51 suburban bus authority; (ii) a committee on operations of the Metro- 52 North commuter railroad; (iii) a committee on finance; (iv) a committee 53 on capital program oversight; and (v) a committee on safety. The commit- 54 tee on capital program oversight shall include not less than four 55 members, and shall include the chairpersons of the committee on oper- 56 ations of the Long Island Rail Road and the metropolitan suburban bus
A. 5828 130 1 authority, the committee on operations of the Metro-North commuter rail- 2 road, and the committee on safety. The committee on safety shall convene 3 at least once annually and each committee chairperson, that is a member 4 of the committee on safety, shall report to the committee on safety any 5 and all initiatives, concerns, improvements, or failures involving the 6 safety of: (i) customers; (ii) employees; and (iii) the public at large, 7 in relation to authority facilities and services. The capital program 8 committee shall, with respect to any approved or proposed capital 9 program plans: (i) monitor the current and future availability of funds 10 to be utilized for such plans; (ii) monitor the contract awards of the 11 commuter transportation authority to ensure that such awards are 12 consistent with: (A) provisions of law authorizing United States content 13 and New York state content; (B) collective bargaining agreements; (C) 14 provisions of law providing for participation by minority and women- 15 owned businesses; (D) New York state labor laws; (E) competitive bidding 16 requirements including those regarding sole source contracts; and (F) 17 any other relevant requirements established by law; (iii) monitor the 18 award of contracts to determine if such awards are consistent with the 19 manner in which the work was traditionally performed in the past 20 provided, however, that any such determination shall not be admissible 21 as evidence in any arbitration or judicial proceeding; (iv) review the 22 relationship between capital expenditures pursuant to each such capital 23 program plan and current and future operating budget requirements; (v) 24 monitor the progress of capital elements described in each capital 25 program plan; (vi) monitor the expenditures incurred and to be incurred 26 for each such element; and (vii) identify capital elements not progress- 27 ing on schedule, ascertain responsibility therefor and recommend those 28 actions required or appropriate to accelerate their implementation. The 29 capital program committee shall issue a quarterly report on its activ- 30 ities and findings, and shall in connection with the preparation of such 31 quarterly report, consult with the division of the budget, the depart- 32 ment of transportation, the governor, and any other group the committee 33 deems relevant, including public employee organizations, and, at least 34 annually, with a nationally recognized independent transit engineering 35 firm. Such report shall be made available to the members of the authori- 36 ty, to the governor, and the directors of the municipal assistance 37 corporation for the city of New York. 38 (c) The chairperson shall ensure that at every meeting of the board 39 and at every meeting of each committee the public shall be allotted a 40 period of time, not less than thirty minutes, to speak on any topic on 41 the agenda. 42 (d) Notwithstanding paragraph (c) of subdivision one of section twen- 43 ty-eight hundred twenty-four of this chapter or any other provision of 44 law to the contrary, the chairperson shall not participate in establish- 45 ing authority policies regarding the payment of salary, compensation and 46 reimbursement to, nor establish rules for the time and attendance of, 47 the chief executive officer. The salary of the chairperson, as deter- 48 mined pursuant to subdivision two of this section, shall also be compen- 49 sation for all services performed as chief executive officer. 50 5. The authority shall be a "state agency" for the purposes of 51 sections seventy-three and seventy-four of the public officers law. 52 6. Notwithstanding any inconsistent provisions of this or any other 53 law, general, special or local, no officer or employee of the state, or 54 of any public corporation, shall be deemed to have forfeited or shall 55 forfeit their office or employment or any benefits provided under the 56 retirement and social security law or under any public retirement system
A. 5828 131 1 maintained by the state by reason of their acceptance of membership on 2 or chairpersonship of the authority; provided, however, a member or 3 chairperson who holds such other public office or employment shall 4 receive no additional compensation for services rendered pursuant to 5 this title, but shall be entitled to reimbursement for their actual and 6 necessary expenses incurred in the performance of such services. 7 7. The governor may remove any member for inefficiency, neglect of 8 duty, breach of fiduciary duty or misconduct in office after giving the 9 member a copy of the charges against the member and an opportunity to be 10 heard, in person or by counsel in the member's defense, upon not less 11 than ten days' notice. If any member shall be so removed, the governor 12 shall file in the office of the department of state a complete statement 13 of charges made against such member, and their findings thereon, togeth- 14 er with a complete record of the proceedings. 15 8. The authority shall continue so long as it shall have bonds or 16 other obligations outstanding and until its existence shall be termi- 17 nated by law. Upon the termination of the existence of the authority, 18 all its rights and properties shall pass to and be vested in the state. 19 9. Whenever the authority causes notices of hearings on proposed 20 changes in services or fares to be posted pursuant to this section or 21 any statute, regulation, or authority policy, or where it voluntarily 22 posts such notices, such notices shall: (a) be written in a clear and 23 coherent manner using words with common and every day meaning; (b) be 24 captioned in large point type bold lettering with a title that fairly 25 and accurately conveys the basic nature of such change or changes; (c) 26 where such change involves a proposed change in levels of fare, include 27 in its title the range of amounts of fare changes under consideration; 28 (d) contain, to the extent practicable, a concise description of the 29 specific nature of the change or changes, including but not limited to a 30 concise description of those changes that affect the largest number of 31 passengers; (e) where such change involves a change in the nature of a 32 route, contain, to the extent practicable, a clear graphic illustration 33 of such change or changes; and (f) where such change involves a partial 34 or complete station closing, such notice shall be posted at the affected 35 station with a clear graphic illustration depicting the nature of any 36 closing for such station. 37 § 1349-dddd. Purposes of the authority. 1. The purposes of the author- 38 ity shall be the continuance, further development and improvement of 39 commuter transportation and other services related thereto within the 40 metropolitan commuter transportation district, except within the city of 41 New York, including but not limited to such transportation by railroad, 42 omnibus, marine and air, in accordance with the provisions of this 43 title, in an efficient and cost-effective manner that includes the use 44 of design-build contracting on all appropriate projects. 45 2. It is hereby found and declared that such purposes are in all 46 respects for the benefit of the people of the state of New York and the 47 authority shall be regarded as performing an essential governmental 48 function in carrying out its purposes and in exercising the powers 49 granted by this title. 50 § 1349-eeee. State of emergency; boarding of a commuter transportation 51 by domestic companion animals. 1. For the purposes of this section: 52 (a) "Commuter transportation" means commuter transportation, and other 53 related services and facilities, operated by the authority or any of its 54 subsidiaries, including but not limited to such transportation by rail- 55 road, omnibus, marine and air, in accordance with this title.
A. 5828 132 1 (b) "Domestic companion animal" means a companion animal or pet as 2 defined in section three hundred fifty of the agriculture and markets 3 law and shall also mean any other domesticated animal normally main- 4 tained in or near the household of the owner or person who cares for 5 such other domesticated animal. "Domestic companion animal" shall not 6 include a "farm animal", as defined in section three hundred fifty of 7 the agriculture and markets law. 8 2. (a) In the event that a state of emergency has been declared and an 9 evacuation of any region of the state is in progress, the owner of a 10 domestic companion animal shall be permitted to board any commuter 11 transportation with such domestic companion animal so long as that 12 animal is under the owner's control by use of a leash or tether, or is 13 properly confined in an appropriate container or by other suitable 14 means, provided that such boarding is authorized by and consistent with 15 the provisions of state disaster emergency plans or local state of emer- 16 gency plans pertaining to the needs of animals and individuals with an 17 animal under their care. The provisions of this section shall only apply 18 to the owners of domestic companion animals who are evacuating from a 19 region of the state affected by an emergency or disaster, or a local 20 state of emergency, as defined in section twenty-four of the executive 21 law. 22 (b) A domestic companion animal may be refused permission to board any 23 commuter transportation, even if the animal is under the owner's control 24 or properly confined in accordance with this subdivision if there is 25 reasonable cause to believe that, due to attendant circumstances, 26 permitting the animal to board would pose a health or safety hazard. 27 3. All passengers with service animals shall be given priority seating 28 on all means of transportation regulated by this title in accordance 29 with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. 30 s.12101 et seq. For the purposes of this section, "service animal" shall 31 have the same meaning as set forth in the federal "Americans with Disa- 32 bilities Act of 1990", 42 U.S.C. s.12101 et seq. and any regulations 33 under such act. 34 4. All passengers on any commuter transportation shall be provided 35 seating before a domestic companion animal may be placed in a seat. 36 5. The authority is authorized and directed to promulgate and enforce 37 such rules and regulations as shall be necessary for the implementation 38 of this section. 39 § 1349-ffff. General powers of the authority. Except as otherwise 40 limited by this title, the authority shall have power: 41 1. To sue and be sued; 42 2. To have a seal and alter the same at pleasure; 43 3. To borrow money, to issue negotiable notes, bonds or other obli- 44 gations and to provide for the rights of the holders thereof, and to 45 finance or refinance all or any part of the costs to the authority or to 46 any other person or entity, public or private, of the planning, design, 47 acquisition, construction, improvement, reconstruction or rehabilitation 48 of any transportation facility; 49 4. To invest any funds, accounts or other monies not required for 50 immediate use or disbursement, at the discretion of the authority, in: 51 (a) obligations of the state or the United States government; 52 (b) obligations the principal and interest of which are guaranteed by 53 the state or the United States government; 54 (c) certificates of deposit of banks or trust companies in this state, 55 secured, if the authority shall so require, by obligations of the United
A. 5828 133 1 States or of the state of New York of a market value equal at all times 2 to the amount of the deposit; 3 (d) banker's acceptances with a maturity of ninety days or less which 4 are eligible for purchase by the Federal Reserve Banks and whose rating 5 at the time of purchase is in the highest rating category of two 6 nationally recognized independent rating agencies, provided, however, 7 that the amount of banker's acceptances of any one bank shall not exceed 8 two hundred fifty million dollars; 9 (e) obligations of any bank or corporation created under the laws of 10 either the United States or any state of the United States maturing 11 within two hundred seventy days, provided that such obligations receive 12 the highest rating of two nationally recognized independent rating agen- 13 cies and, provided further, that no more than two hundred fifty million 14 dollars may be invested in such obligations of any one bank or corpo- 15 ration; 16 (f) as to any such moneys held in reserve and sinking funds, other 17 securities in which the trustee or trustees of any public retirement 18 system or pension fund has the power to invest the monies thereof pursu- 19 ant to article four-A of the retirement and social security law, each 20 such reserve and sinking fund being treated as a separate fund for the 21 purposes of article four-A of the retirement and social security law; 22 (g) notes, bonds, debentures, mortgages and other evidences of indebt- 23 edness, issued or guaranteed at the time of the investment by the United 24 States Postal Service, the federal national mortgage association, the 25 federal home loan mortgage corporation, the student loan marketing asso- 26 ciation, the federal farm credit system, or any other United States 27 government sponsored agency, provided that at the time of the investment 28 such agency or its obligations are rated and the agency receives, or its 29 obligations receive, the highest rating of all independent rating agen- 30 cies that rate such agency or its obligations, provided, however, that 31 no more than two hundred fifty million dollars or such greater amount as 32 may be authorized for investment by the state comptroller by section 33 ninety-eight of the state finance law may be invested in the obligations 34 of any one agency; 35 (h) general obligation bonds and notes of any state other than the 36 state, provided that such bonds and notes receive the highest rating of 37 at least one independent rating agency, and bonds and notes of any coun- 38 ty, town, city, village, fire district or school district of the state, 39 provided that such bonds and notes receive either of the two highest 40 ratings of at least two independent rating agencies; 41 (i) mutual funds registered with the United States securities and 42 exchange commission whose investments are limited to obligations of the 43 state described in paragraph (a) of this subdivision, obligations the 44 principal and interest of which are guaranteed by the state described in 45 paragraph (b) of this subdivision, and those securities described in 46 paragraph (h) of this subdivision and that have received the highest 47 rating of at least one independent rating agency, provided that the 48 aggregate amount invested at any one time in all such mutual funds shall 49 not exceed ten million dollars, and, provided further, that the authori- 50 ty shall not invest such funds, accounts or other monies in any mutual 51 fund for longer than thirty days; and 52 (j) financial contracts in a foreign currency entered into for the 53 purpose of minimizing the foreign currency exchange risk of the purchase 54 price of a contract with a vendor chosen through competitive process for 55 the acquisition of capital assets for the benefit of the transportation 56 capital program;
A. 5828 134 1 5. To make and alter by-laws for its organization and internal manage- 2 ment, and rules and regulations governing the exercise of its powers and 3 the fulfillment of its purposes under this title; 4 6. (a) To enter into contracts and leases and to execute all instru- 5 ments necessary or convenient; 6 (b) With respect to any lease transaction entered into pursuant to 7 section 168(f)(8) of the United States internal revenue code or any 8 successor provisions, the authority shall meet the following standards 9 and procedures: 10 (i) notice of intention to negotiate shall be published in at least 11 one newspaper of general circulation, and a copy thereof shall be mailed 12 to all parties who have requested notification from the authority to 13 engage in transactions of this type. Such notice shall describe the 14 nature of the proposed transaction and the factors subject to negoti- 15 ation, which shall include, but not be limited to, the price to be paid 16 to the authority; 17 (ii) the authority shall negotiate with those respondents whose 18 response complies with the requirements set forth in the notice; and 19 (iii) the board of the authority shall resolve on the basis of parti- 20 cularized findings relevant to the factors negotiated that such trans- 21 action will provide maximum available financial benefits, consistent 22 with other defined objectives and requirements; 23 (c) The authority shall provide to the governor, the temporary presi- 24 dent of the senate, the speaker of the assembly, the minority leader of 25 the senate and the minority leader of the assembly notice of each lease 26 entered into pursuant to paragraph (b) of this subdivision and support- 27 ing documentation of compliance by the authority with subparagraphs (i), 28 (ii) and (iii) of paragraph (b) of this subdivision; 29 7. To acquire, hold and dispose of real or personal property in the 30 exercise of its powers; 31 8. To appoint such officers and employees as it may require for the 32 performance of its duties, and to fix and determine their qualifica- 33 tions, duties, and compensation and to retain or employ counsel, audi- 34 tors, engineers and private consultants on a contract basis or otherwise 35 for rendering professional or technical services and advice; 36 9. (a) Notwithstanding section one hundred thirteen of the retirement 37 and social security law or any other general or special law, the author- 38 ity and any of its subsidiary corporations may continue or provide to 39 its affected officers and employees any retirement, disability, death or 40 other benefits provided or required for railroad personnel pursuant to 41 federal or state law; 42 (b) The authority and any of its public benefit subsidiary corpo- 43 rations may be a participating employer in the New York state employees' 44 retirement system with respect to one or more classes of officers and 45 employees of such authority or any such public benefit subsidiary corpo- 46 ration, as may be provided by resolution of such authority or any such 47 public benefit subsidiary corporation, as the case may be, or any subse- 48 quent amendment thereof, filed with the comptroller and accepted by them 49 pursuant to section thirty-one of the retirement and social security 50 law. In taking any action pursuant to this paragraph, the authority and 51 any of its public benefit subsidiary corporations shall consider the 52 coverages and benefits continued or provided pursuant to paragraph (a) 53 of this subdivision; 54 10. To make plans, surveys, and studies necessary, convenient or 55 desirable to the effectuation of the purposes and powers of the authori- 56 ty and to prepare recommendations in regard thereto;
A. 5828 135 1 11. To enter upon such lands, waters or premises as in the judgment of 2 the authority may be necessary, convenient or desirable for the purpose 3 of making surveys, soundings, borings and examinations to accomplish any 4 purpose authorized by this title. The authority shall be liable for 5 actual damage done due to the entering upon such lands, waters or prem- 6 ises and any activities taken thereon; 7 12. The authority may conduct investigations and hearings in the 8 furtherance of its general purposes, and in aid thereof have access to 9 any books, records or papers relevant thereto. If any person whose 10 testimony shall be required for the proper performance of the duties of 11 the authority shall fail or refuse to aid or assist the authority in the 12 conduct of any investigation or hearing, or to produce any relevant 13 books, records or other papers, the authority is authorized to apply for 14 process of subpoena, to issue out of any court of general original 15 jurisdiction whose process can reach such person, upon due cause shown; 16 13. A copy of any report submitted by the authority pursuant to 17 sections twenty-eight hundred, twenty-eight hundred one and twenty-eight 18 hundred two of this chapter shall be forwarded to the mayor of the city 19 of New York and to the chairperson of the board of supervisors and to 20 the county executive, if any, of each county within the district; and 21 14. To do all things necessary, convenient or desirable to carry out 22 its purposes and for the exercise of the powers granted in this title. 23 § 1349-gggg. Contracts. 1. The provisions of this section shall not 24 apply to: 25 (a) the award of any contract of the authority if the bid documents 26 for such contract so provide and such bid documents are issued within 27 sixty days of the effective date of this section; or 28 (b) for a period of one hundred eighty days after the effective date 29 of this section, the award of any contract for which an invitation to 30 bid, solicitation, request for proposal, or any similar document has 31 been issued by the authority prior to the effective date of this 32 section. 33 2. (a) Except as otherwise provided in this section, all purchase 34 contracts for supplies, materials or equipment involving an estimated 35 expenditure in excess of one million dollars and all contracts for 36 public work involving an estimated expenditure in excess of one million 37 dollars shall be awarded by the authority to the lowest responsible 38 bidder after obtaining sealed bids in the manner hereinafter set forth. 39 For purposes hereof, contracts for public work shall exclude contracts 40 for personal, engineering and architectural, or professional services. 41 The authority may reject all bids and obtain new bids in the manner 42 provided by this section when it is deemed in the public interest to do 43 so or, in cases where two or more responsible bidders submit identical 44 bids which are the lowest bids, award the contract to any of such 45 bidders or obtain new bids from such bidders. Nothing in this paragraph 46 shall obligate the authority to seek new bids after the rejection of 47 bids or after cancellation of an invitation to bid. Nothing in this 48 section shall prohibit the evaluation of bids on the basis of costs or 49 savings including life cycle costs of the item to be purchased, 50 discounts, and inspection services so long as the invitation to bid 51 reasonably sets forth the criteria to be used in evaluating such costs 52 or savings. Life cycle costs may include but shall not be limited to 53 costs or savings associated with installation, energy use, maintenance, 54 operation and salvage or disposal. 55 (b) Section twenty-eight hundred seventy-nine of this chapter shall 56 apply to the authority's acquisition of goods or services of any kind,
A. 5828 136 1 in the actual or estimated amount of fifteen thousand dollars or more, 2 provided: (i) that a contract for services in the actual or estimated 3 amount of one million dollars or less shall not require approval by the 4 board of the authority regardless of the length of the period over which 5 the services are rendered, and provided further that a contract for 6 services in the actual or estimated amount of one million dollars or 7 more shall require approval by the board of the authority regardless of 8 the length of the period over which the services are rendered unless 9 such a contract is awarded to the lowest responsible bidder after 10 obtaining sealed bids; and (ii) the board of the authority may by resol- 11 ution adopt guidelines that authorize the award of contracts to small 12 business concerns, to service disabled veteran owned businesses certi- 13 fied pursuant to article three of the veterans' services law, or minori- 14 ty or women-owned business enterprises certified pursuant to article 15 fifteen-A of the executive law, or purchases of goods or technology that 16 are recycled or remanufactured, in an amount not to exceed one million 17 dollars without a formal competitive process and without further board 18 approval. The board of the authority shall adopt guidelines which shall 19 be made publicly available for the awarding of such contract without a 20 formal competitive process. 21 (c)(i) Notwithstanding the provisions of paragraph (a) of this subdi- 22 vision, the authority shall establish guidelines governing the quali- 23 fications of bidders entering into contracts for its project to bring 24 the Long Island Rail Road into Grand Central Terminal, referred to as 25 the "East Side Access Project" for the purposes of this section. The 26 bidding may be restricted to those who have qualified prior to the 27 receipt of bids according to standards fixed by the authority; provided, 28 however, that the award of contracts shall, to the extent not inconsist- 29 ent with this paragraph, be in accordance with paragraph (a) of this 30 subdivision. 31 (ii) In determining whether a prospective bidder qualifies for the 32 inclusion on a list of prequalified bidders for the East Side Access 33 Project, the authority shall consider: (A) the experience and past 34 performance of the prospective bidder; (B) the prospective bidder's 35 ability to undertake work, including but not limited to whether it 36 participates in state approved apprenticeship programs and whether it 37 utilizes employees who are represented by labor organizations; (C) the 38 financial capability and responsibility of the prospective bidder; and 39 (D) the records of the prospective bidder in complying with existing 40 labor standards. The authority may also consider such other factors as 41 it deems appropriate. 42 3. (a) Advertisement for bids, when required by this section, shall be 43 published at least once in a newspaper of general circulation in the 44 area served by the authority and in the procurement opportunities news- 45 letter published pursuant to article four-C of the economic development 46 law provided that, notwithstanding the provisions of article four-C of 47 the economic development law, an advertisement shall only be required 48 for a purchase contract for supplies, materials or equipment when 49 required by this section. Publication in a newspaper of general circu- 50 lation in the area served or in the procurement opportunities newsletter 51 shall not be required if bids for contracts for supplies, materials or 52 equipment are of a type regularly purchased by the authority and are to 53 be solicited from a list of potential suppliers, if such list is or has 54 been developed consistent with the provisions of subdivision six of this 55 section. Any such advertisement shall contain a statement of: (i) the 56 time and place where bids received pursuant to any notice requesting
A. 5828 137 1 sealed bids will be publicly opened and read; (ii) the name of the 2 contracting agency; (iii) the contract identification number; (iv) a 3 brief description of the public work, supplies, materials, or equipment 4 sought, the location where work is to be performed, goods are to be 5 delivered or services provided and the contract term; (v) the address 6 where bids or proposals are to be submitted; (vi) the date when bids or 7 proposals are due; (vii) a description of any eligibility or qualifica- 8 tion requirement or preference; (viii) a statement as to whether the 9 contract requirements may be fulfilled by a subcontracting, joint 10 venture, or co-production arrangement; (ix) any other information deemed 11 useful to potential contractors; and (x) the name, address, and tele- 12 phone number of the person to be contacted for additional information. 13 At least fifteen business days shall elapse between the first publica- 14 tion of such advertisement or the solicitation of bids, as the case may 15 be, and the date of opening and reading of bids. 16 (b) The authority may designate any officer or employee to open the 17 bids at the time and place bids are to be opened and may designate an 18 officer to award the contract to the lowest responsible bidder. Such 19 designee shall make a record of all bids in such form and detail as the 20 authority shall prescribe. All bids received shall be publicly opened 21 and read at the time and place specified in the advertisement or at the 22 time of solicitation, or to which the opening and reading have been 23 adjourned by the authority. All bidders shall be notified of the time 24 and place of any such adjournment. 25 4. Notwithstanding the foregoing, the authority may, by resolution 26 approved by a two-thirds vote of its members then in office, or by a 27 majority vote of its members with respect to contracts proposed to be 28 let pursuant to paragraph (a) of this subdivision declare that compet- 29 itive bidding is impractical or inappropriate because of the existence 30 of any of the circumstances hereinafter set forth and thereafter the 31 authority may proceed to award contracts without complying with the 32 requirements of subdivision two or three of this section. In each case 33 where the authority declares competitive bidding impractical or inappro- 34 priate, it shall state the reason therefor in writing and summarize any 35 negotiations that have been conducted. Except for contracts awarded 36 pursuant to paragraphs (a), (b), (c) and (e) of this subdivision, the 37 authority shall not award any contract pursuant to this subdivision 38 earlier than thirty days from the date on which the authority declares 39 that competitive bidding is impractical or inappropriate. Competitive 40 bidding may only be declared impractical or inappropriate where: 41 (a) the existence of an emergency involving danger to life, safety or 42 property requires immediate action and cannot await competitive bidding 43 or the item to be purchased is essential to efficient operation or the 44 adequate provision of service and as a consequence of an unforeseen 45 circumstance such purchase cannot await competitive bidding; 46 (b) the item to be purchased is available only from a single responsi- 47 ble source, provided that if bids have not been solicited for such item 48 pursuant to subdivision two of this section within the preceding twelve 49 months, public notice shall first be given pursuant to subdivision three 50 of this section; 51 (c) the authority receives no responsive bids or only a single respon- 52 sive bid in response to an invitation for competitive bids; 53 (d) the authority wishes to experiment with or test a product or tech- 54 nology or new source for such product or technology or evaluate the 55 service or reliability of such product or technology;
A. 5828 138 1 (e) the item is available through an existing contract between a 2 vendor and: (i) another public authority provided that such other 3 authority utilized a process of competitive bidding or a process of 4 competitive requests for proposals to award such contracts; (ii) Nassau 5 county; (iii) the state of New York; or (iv) the city of New York, 6 provided that in any case when under this paragraph the authority deter- 7 mines that obtaining such item thereby would be in the public interest 8 and sets forth the reasons for such determination. The authority shall 9 accept sole responsibility for any payment due the vendor as a result of 10 the authority's order; or 11 (f) the authority determines that it is in the public interest to 12 award contracts pursuant to a process for competitive requests for 13 proposals as hereinafter set forth. For purposes of this section, a 14 process for competitive requests for proposals shall mean a method of 15 soliciting proposals and awarding a contract on the basis of a formal 16 evaluation of the characteristics, such as quality, cost, delivery sche- 17 dule and financing of such proposals against stated selection criteria. 18 Public notice of the requests for proposals shall be given in the same 19 manner as provided in subdivision three of this section and shall 20 include the selection criteria. In the event the authority makes a mate- 21 rial change in the selection criteria from those previously stated in 22 the notice, it will inform all proposers of such change and permit 23 proposers to modify their proposals; 24 (i) The authority may award a contract pursuant to this paragraph only 25 after a resolution approved by a two-thirds vote of its members then in 26 office at a public meeting of the authority with such resolution: (A) 27 disclosing the other proposers and the substance of their proposals; (B) 28 summarizing the negotiation process including the opportunities, if any, 29 available to proposers to present and modify their proposals; and (C) 30 setting forth the criteria upon which the selection was made. 31 (ii) Nothing in this paragraph shall require or preclude: (A) negoti- 32 ations with any proposers following the receipt of responses to the 33 request for proposals; or (B) the rejection of any or all proposals at 34 any time. Upon the rejection of all proposals, the authority may solicit 35 new proposals or bids in any manner prescribed in this section. 36 (g) The authority issues a competitive request for proposals pursuant 37 to the procedures of paragraph (f) of this subdivision for the purchase 38 or rehabilitation of rail cars and omnibuses. Any such request may 39 include among the stated selection criteria the performance of all or a 40 portion of the contract at sites within the state of New York or the use 41 of goods produced or services provided within the state of New York, 42 provided however that in no event shall the authority award a contract 43 to a manufacturer whose final offer, as expressed in unit cost is more 44 than ten percent higher than the unit cost of any qualified competing 45 final offer, if the sole basis for such award is that the higher priced 46 offer includes more favorable provision for the performance of the 47 contract within the state of New York or the use of goods produced or 48 services provided within the state of New York, and further provided 49 that the authority's discretion to award a contract to any manufacturer 50 shall not be so limited if a basis for such award, as determined by the 51 authority, is superior financing, delivery schedule, life cycle, reli- 52 ability, or any other factor the authority deems relevant to its oper- 53 ations; 54 (i) The authority may award a contract pursuant to this paragraph only 55 after a resolution approved by a vote of not less than a two-thirds vote 56 of its members then in office at a public meeting of the authority with
A. 5828 139 1 such resolution; (A) disclosing the other proposers and the substance of 2 their proposals; (B) summarizing the negotiation process including the 3 opportunities, if any, available to proposers to present and modify 4 their proposals; and (C) setting forth the criteria upon which the 5 selection was made. 6 (ii) Nothing in this paragraph shall require or preclude: (A) negoti- 7 ations with any proposers following the receipt of responses to the 8 request for proposals; or (B) the rejection of any or all proposals at 9 any time. Upon the rejection of all proposals, the authority may solicit 10 new proposals or bids in any manner prescribed in this section. 11 5. Upon the adoption of a resolution by the authority stating, for 12 reasons of efficiency, economy, compatibility or maintenance reliabil- 13 ity, that there is a need for standardization, the authority may estab- 14 lish procedures whereby particular supplies, materials or equipment are 15 identified on a qualified products list. Such procedures shall provide 16 for products or vendors to be added to or deleted from such list and 17 shall include provisions for public advertisement of the manner in which 18 such lists are compiled. The authority shall review such list no less 19 than twice a year for the purpose of making such modifications. 20 Contracts for particular supplies, materials or equipment identified on 21 a qualified products list may be awarded by the authority to the lowest 22 responsible bidder after obtaining sealed bids in accordance with this 23 section or without competitive sealed bids in instances when the item is 24 available from only a single source, except that the authority may 25 dispense with advertising provided that it mails copies of the invita- 26 tion to bid to all vendors of the particular item on the qualified 27 products list. 28 6. The authority shall compile a list of potential sources of 29 supplies, materials or equipment regularly purchased. The authority 30 shall, by resolution, set forth the procedures it has established to 31 identify new sources and to notify such new sources of the opportunity 32 to bid for contracts for the purchase of supplies, materials or equip- 33 ment. Such procedures shall include, but not be limited to: (a) adver- 34 tising in trade journals; (b) cooperation with federal, state and local 35 agencies within its area of operations; (c) publication in the state 36 register quarterly; and (d) procedures established pursuant to subdivi- 37 sion thirteen of section thirteen hundred forty-nine-j of this article. 38 7. The provisions of this section shall not supersede any other 39 provisions of law relative to purchases of products or devices manufac- 40 tured or provided by the blind or other severely handicapped persons, to 41 the invitation and acceptance of bids from small or minority business 42 enterprises or to the purchases of supplies, materials or equipment 43 through the office of general services. Except as may otherwise be 44 provided by law or as more restrictively defined in the official policy 45 or bid specifications of the authority, the term "small business" means 46 a small business or similar term, under federal regulations applicable 47 to projects of the authority which are federally assisted. 48 8. Notwithstanding any other provisions in this section, the authority 49 shall be allowed to use an electronic bidding system for the purchase of 50 goods, materials, and commodities that may inform bidders whether their 51 bid is the current low bid and allow bidders to submit new bids before 52 the date and time assigned for the opening of bids. Such procedure shall 53 not constitute disclosure of bids in violation of section twenty-eight 54 hundred seventy-eight of this chapter. 55 9. The provisions of this section shall not apply to any procurement 56 made by any other public entity not otherwise required by law to award
A. 5828 140 1 contracts for such purchases to the lowest responsible bidder if such 2 purchases are made at the sole cost and expense of such entity. 3 10. (a) Whenever the comptroller pursuant to section twenty-eight 4 hundred seventy-nine-a of this chapter intends to require supervision in 5 the form of prior review and approval of a contract or contract amend- 6 ment to be awarded by the authority pursuant to this section, then such 7 contract or contract amendment shall be submitted to the comptroller by 8 the authority for approval and shall not be a valid enforceable contract 9 unless it shall first have been approved by the comptroller but only if 10 the comptroller has notified the authority of such determination within 11 thirty days of having received written notice of such contract or 12 contract amendment either in the authority's annual report or any 13 revised report. 14 (b) If the comptroller has timely notified the authority as provided 15 in paragraph (a) of this subdivision that any contract or contract 16 amendment shall be subject to comptroller prior review and approval, and 17 such contract or contract amendment has been submitted to the comp- 18 troller, it shall become valid and enforceable without such approval if 19 the comptroller has not approved or disapproved it within thirty days of 20 submission to the comptroller. 21 11. The award of construction contracts by the authority shall not be 22 subject to the provisions of section one hundred one of the general 23 municipal law. 24 § 1349-hhhh. Commuter transportation authority small business mentor- 25 ing program. 1. As used in this section, unless the context requires 26 otherwise: 27 (a) "authority" means commuter transportation authority and its 28 subsidiaries; 29 (b) "chairperson" means the chairperson of the authority and its 30 subsidiaries and affiliates; 31 (c) "small business" means a business in the construction trades 32 which: (i) is independently owned and operated; (ii) has annual revenues 33 not exceeding a fiscal limitation of five million dollars or such lesser 34 amount as established by the authority pursuant to these provisions; and 35 (iii) meets additional criteria as otherwise established by the chair- 36 person in consultation with the members of the commuter transportation 37 small business mentoring program advisory committee. The chair of the 38 committee shall be the chief diversity officer of the authority. The 39 authority shall establish a detailed definition in general and specific 40 to different segments of the construction industry to the extent neces- 41 sary to reflect differing characteristics of such segments based on the 42 criteria used by the United States small business administration for 43 loans to small businesses as set forth in Sections 121.301 through 44 121.305, or for awarding government procurements as set forth in 45 Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter I 46 of Title 13 of the Code of Federal Regulations as amended, and such 47 other criteria as determined by the authority; 48 (d) "small business mentoring program" is a program established by the 49 authority pursuant to these provisions to provide small businesses 50 accepted into the program with the opportunity: 51 (i) for up to four years, to compete for and, where awarded, to 52 perform certain authority public work contracts to be designated by the 53 authority for inclusion in this program under this subparagraph, with 54 the assistance of an authority-provided mentor, which shall be a firm 55 competitively selected by the authority that has extensive construction 56 management and mentoring experience, with the mentor to provide the
A. 5828 141 1 small business with advice and assistance in competing for and managing 2 authority public work contracts; and 3 (ii) for a small business mentoring program participant which the 4 authority has determined has successfully completed the program under 5 subparagraph (i) of this paragraph, for up to four additional years: (A) 6 additional opportunities to compete with other designated small busi- 7 nesses in the program for certain public work contracts to be designated 8 for inclusion under this subparagraph and, where awarded, to perform 9 such authority public work contracts, with the further assistance of an 10 authority-provided mentor, which shall be a firm competitively selected 11 by the authority that has extensive construction management and mentor- 12 ing experience, with the mentor to provide the small business with 13 advice and technical assistance in competing for and managing authority 14 public work contracts; and (B) authority-provided assistance, as deter- 15 mined by the authority, for such a small business to obtain bonding for 16 public work contracts that are competitively awarded pursuant to 17 provisions of law other than this section; 18 (e) "small business mentoring program contract" means a non-federally 19 funded authority public work contract designated by the authority, in an 20 estimated amount of not more than one million dollars for contracts 21 under subparagraph (i) of paragraph (d) of this subdivision and three 22 million dollars for contracts under subparagraph (ii) of paragraph (d) 23 of this subdivision, for which bids or proposals are to be invited and 24 accepted only from businesses that are enrolled in the small business 25 mentoring program and have been selected by the authority to compete for 26 the contract. 27 2. (a) Pursuant to these provisions, the authority may establish a 28 small business mentoring program. In connection therewith, the authority 29 may determine the criteria pursuant to which a small business shall be 30 eligible for and selected to participate in the program under subpara- 31 graphs (i) and (ii) of paragraph (d) of subdivision one of this section, 32 the number of participants to participate in each such components of the 33 program, the criteria for the competitive selection of the firms that 34 will provide small businesses with mentoring services, the assignment of 35 a mentor to a specific small business in the small business mentoring 36 program, and the funding for the program. 37 (b) Under the small business mentoring program, the chairperson or the 38 chairperson's designee is authorized, notwithstanding any other 39 provision of law: 40 (i) to designate which eligible public work contracts shall be small 41 business mentoring program contracts under subparagraphs (i) and (ii) of 42 paragraph (d) of subdivision one of this section, respectively; 43 (ii) to establish standards for qualifying small business mentoring 44 program participants to compete for a small business mentoring program 45 contract, provided that no less than three qualified small businesses in 46 the program submit responsive offers to perform the contract; 47 (iii) to determine when bids or proposals for a small business mentor- 48 ing program contract should be restricted to small business mentoring 49 program participants which, prior to the receipt of bids or proposals, 50 have been qualified by the authority for such competition; 51 (iv) to competitively select, designate and contract with one or more 52 experienced construction management firms that, under the general super- 53 vision of the authority, will provide mentoring services to the small 54 businesses participating in the small business mentoring program, and to 55 assign such mentors one or more designated small businesses participat- 56 ing in the program;
A. 5828 142 1 (v) for small business mentoring program contracts, except as set 2 forth herein, to waive requirements for the solicitation and award of a 3 public work contract pursuant to sections thirteen hundred forty-nine- 4 gggg and twenty-eight hundred seventy-nine of this chapter and any other 5 provision of law; 6 (vi) to assist only small business mentoring program participants that 7 have been awarded small business mentoring program contracts to obtain 8 any surety bond or contract of insurance required of them in connection 9 with such contract only notwithstanding any provision of section two 10 thousand five hundred four of the insurance law to the contrary; and 11 (vii) for small businesses that have been accepted into the small 12 business mentoring program under subparagraph (ii) of paragraph (d) of 13 subdivision one of this section, in addition to the benefits of such 14 program and notwithstanding any other provision of law, to provide tech- 15 nical assistance in obtaining bids, payment and performance bonding for 16 authority public work contracts that are not small business mentoring 17 program contracts, for which the small business is otherwise qualified. 18 3. (a) If the total number of qualified small business mentoring 19 program participants that respond to a competition and are considered 20 capable of meeting the specifications and terms of the invitation to 21 compete is less than three, or if the chairperson or the chairperson's 22 designee determines that acceptance of the best offer will result in the 23 payment of an unreasonable price, the authority may reject all offers 24 and withdraw the designation of the contract as a small business mentor- 25 ing program contract. 26 (b) If the authority withdraws the designation of contract as a small 27 business mentoring program contract, the firms, if any, that made offers 28 shall be notified. Invitations to compete containing the same or rewrit- 29 ten specifications and terms shall then be re-issued as a small business 30 mentoring program contract for one or more additional contract period. 31 4. A mentor shall provide services and assistance to a small business 32 as designated by the authority, which may include the following: 33 (a) provide business training in the skills necessary to operate a 34 successful construction business and to compete for and perform a public 35 work contract; 36 (b) provide technical assistance to the small business to assess the 37 outcome if the small business competes for but is not awarded a 38 contract; 39 (c) if the small business mentoring program contract is awarded to the 40 small business, provide guidance, advice and technical assistance to the 41 small business in the performance of the contract; and 42 (d) provide other technical assistance to the small business to facil- 43 itate learning, training and other issues which may arise. 44 5. The authority may delegate to the chairperson or the chairperson's 45 designee the authority's responsibilities set forth herein. 46 6. The small business mentoring program contracts authorized by this 47 legislation shall, for the initial year of the program, be in an aggre- 48 gate amount of not less than ten million dollars, and shall not exceed 49 one hundred million dollars, with the maximum amount in future years to 50 be set by the chairperson. 51 § 1349-iiii. Special powers of the authority. In order to effectuate 52 the purposes of this title: 53 1. The authority may acquire, by purchase, gift, grant, transfer, 54 contract or lease, any transportation facility other than a transit 55 facility wholly or partially within the metropolitan commuter transpor- 56 tation district, or any part thereof, or the use thereof, and may enter
A. 5828 143 1 into any joint service arrangements as hereinafter provided. Any such 2 acquisition or joint service arrangement shall be authorized only by 3 resolution of the authority approved by not less than a majority vote of 4 the whole number of members of the authority then in office, except that 5 in the event of a tie vote the chairperson shall cast one additional 6 vote. 7 2. The authority may on such terms and conditions as the authority may 8 determine necessary, convenient or desirable itself plan, design, 9 acquire, establish, construct, effectuate, operate, maintain, renovate, 10 improve, extend, rehabilitate or repair any transportation facility 11 other than a transit project, or may provide for such planning, design, 12 acquisition, establishment, construction, effectuation, operation, main- 13 tenance, renovation, improvement, extension, rehabilitation or repair by 14 contract, lease or other arrangement on such terms as the authority may 15 deem necessary, convenient or desirable with any person, including but 16 not limited to any common carrier or freight forwarder, the state, any 17 state agency, the federal government, any other state or agency or 18 instrumentality thereof, any public authority of this or any other 19 state, the port of New York authority or any political subdivision or 20 municipality of the state. In connection with the operation of any 21 transportation facility, the authority may plan, design, acquire, estab- 22 lish, construct, effectuate, operate, maintain, renovate, improve, 23 extend or repair or may provide by contract, lease or other arrangement 24 for the planning, design, acquisition, establishment, construction, 25 effectuation, operation, maintenance, renovation, improvement, extension 26 or repair of any related services and activities it deems necessary, 27 convenient or desirable, including but not limited to the transportation 28 and storage of freight and the United States mail, feeder and connecting 29 transportation, parking areas, transportation centers, stations and 30 related facilities. 31 3. (a) Except as directed in paragraph (c) of this subdivision, the 32 authority may establish, levy and collect or cause to be established, 33 levied and collected and, in the case of a joint service arrangement, 34 join with others in the establishment, levy and collection of such 35 fares, tolls, rentals, rates, charges and other fees as it may deem 36 necessary, convenient or desirable for the use and operation of any 37 transportation facility and related services operated by the authority 38 or by a subsidiary corporation of the authority or under contract, lease 39 or other arrangement, including joint service arrangements, with the 40 authority. Any such fares, tolls, rentals, rates, charges or other fees 41 for the transportation of passengers shall be established and changed 42 only if approved by resolution of the authority adopted by not less than 43 a majority vote of the whole number of members of the authority then in 44 office, with the chairperson having one additional vote in the event of 45 a tie vote, and only after a public hearing, provided however, that 46 fares, tolls, rentals, rates, charges or other fees for the transporta- 47 tion of passengers on any transportation facility which are in effect at 48 the time that the then owner of such transportation facility becomes a 49 subsidiary corporation of the authority or at the time that operation of 50 such transportation facility is commenced by the authority or is 51 commenced under contract, lease or other arrangement, including joint 52 service arrangements, with the authority may be continued in effect 53 without such a hearing. Such fares, tolls, rentals, rates, charges and 54 other fees shall be established as may in the judgment of the authority 55 be necessary to maintain the combined operations of the authority and 56 its subsidiary corporations on a self-sustaining basis. The said oper-
A. 5828 144 1 ations shall be deemed to be on a self-sustaining basis as required by 2 this title, when the authority is able to pay or cause to be paid from 3 revenue and any other funds or property actually available to the 4 authority and its subsidiary corporations: (i) as the same shall become 5 due, the principal of and interest on the bonds and notes and other 6 obligations of the authority and its subsidiaries and the metropolitan 7 transportation authority, together with the maintenance of proper 8 reserves therefor; (ii) the cost and expense of keeping the properties 9 and assets of the authority and its subsidiary corporations in good 10 condition and repair; and (iii) the capital and operating expenses of 11 the authority and its subsidiary corporations. The authority may 12 contract with the holders of bonds and notes with respect to the exer- 13 cise of the powers authorized by this section. No acts or activities 14 taken or proposed to be taken by the authority or any subsidiary of the 15 authority pursuant to the provisions of this subdivision shall be deemed 16 to be "actions" for the purposes or within the meaning of article eight 17 of the environmental conservation law. 18 (b) All fares, tolls, rentals, rates, charges, and other fees estab- 19 lished, levied, and collected or caused to be established, levied, and 20 collected, shall first be transferred to the metropolitan transportation 21 authority in order to maintain the metropolitan transportation authority 22 on a self-sustaining basis unless already pledged to secure, and neces- 23 sary to satisfy the debt service or reserve requirements of, bonds, 24 notes or other obligations of the authority prior to January first, two 25 thousand twenty-six. 26 (c) In the event that the monthly revenues of the metropolitan trans- 27 portation authority fall below one hundred twenty-five percent of the 28 amount necessary to maintain the operations of the metropolitan trans- 29 portation authority on a self-sustaining basis, as defined by section 30 twelve hundred sixty-six of this article, the authority shall, at the 31 direction of the metropolitan transportation authority, establish, levy 32 and collect or cause to be established, levied and collected, in the 33 case of a joint service arrangement, and join with others in the estab- 34 lishment, levy and collection of such fares, tolls, rentals, rates, 35 charges and other fees as the metropolitan transportation authority may 36 deem necessary, convenient or desirable for the use and operation of any 37 transportation facility and related services operated by the authority 38 or by a subsidiary corporation of the authority or under contract, lease 39 or other arrangement, including joint service arrangements, with the 40 authority, until such time that monthly revenues of the metropolitan 41 transportation authority has exceeded, for three consecutive months, two 42 hundred percent of the amount necessary to maintain the operations of 43 the metropolitan transportation authority on a self-sustaining basis. 44 4. The authority may establish and, in the case of joint service 45 arrangements, join with others in the establishment of such schedules 46 and standards of operations and such other rules and regulations includ- 47 ing but not limited to rules and regulations governing the conduct and 48 safety of the public as it may deem necessary, convenient or desirable 49 for the use and operation of any transportation facility and related 50 services operated by the authority or under contract, lease or other 51 arrangement, including joint service arrangements, with the authority. 52 Such rules and regulations governing the conduct and safety of the 53 public shall be filed with the department of state in the manner 54 provided by section one hundred two of the executive law. In the case of 55 any conflict between any such rule or regulation of the authority 56 governing the conduct or the safety of the public and any local law,
A. 5828 145 1 ordinance, rule or regulation, such rule or regulation of the authority 2 shall prevail. Violation of any such rule or regulation of the authority 3 governing the conduct or the safety of the public in or upon any facili- 4 ty of the authority shall constitute an offense and shall be punishable 5 by a fine not exceeding fifty dollars or imprisonment for not more than 6 thirty days or both or may be punishable by the imposition of a civil 7 penalty by the transit adjudication bureau established pursuant to the 8 provisions of title nine of this article. 9 5. (a) The authority may acquire, hold, own, lease, establish, 10 construct, effectuate, operate, maintain, renovate, improve, extend or 11 repair any transportation facilities through, and cause any one or more 12 of its powers, duties, functions or activities to be exercised or 13 performed by, one or more wholly owned subsidiary corporations of the 14 authority, and may transfer to or from any such corporations any moneys, 15 real property or other property for any of the purposes of this title 16 upon such terms and conditions as shall be agreed to and subject to such 17 payment or repayment obligations as are required by law or by any agree- 18 ment to which any of the affected entities is subject. The directors or 19 members of each such subsidiary corporation of the authority corporation 20 shall be the same persons holding the offices of members of the authori- 21 ty. The chairperson of the board of each such subsidiary shall be the 22 chairperson of the authority, serving ex officio and, provided that 23 there is an executive director of the commuter transportation authority, 24 the executive director of such subsidiary shall be the executive direc- 25 tor of the commuter transportation authority, serving ex officio. 26 Notwithstanding any provision of law to the contrary, the chairperson 27 shall be the chief executive officer of each such subsidiary and shall 28 be responsible for the discharge of the executive and administrative 29 functions and powers of each such subsidiary. The chairperson and execu- 30 tive director, if any, shall be empowered to delegate their respective 31 functions and powers to one or more officers or employees of each such 32 subsidiary designated by such chair or director. Each such subsidiary 33 corporation of the authority and any of its property, functions and 34 activities shall have all of the privileges, immunities, tax exemptions 35 and other exemptions of the authority and of the authority's property, 36 functions and activities. Each such subsidiary corporation shall be 37 subject to the restrictions and limitations to which the authority may 38 be subject. Each such subsidiary corporation of the authority shall be 39 subject to suit in accordance with section thirteen hundred forty-nine- 40 lllll of this title. The employees of any such subsidiary corporation, 41 except those who are also employees of the authority, shall not be 42 deemed employees of the authority. 43 (b) If the authority shall determine that one or more of its subsid- 44 iary corporations should be in the form of a public benefit corporation, 45 it shall create each such public benefit corporation by executing and 46 filing with the secretary of state a certificate of incorporation, which 47 may be amended from time to time by filing, which shall set forth the 48 name of such public benefit subsidiary corporation, its duration, the 49 location of its principal office, and any or all of the purposes of 50 acquiring, owning, leasing, establishing, constructing, effectuating, 51 operating, maintaining, renovating, improving, extending or repairing 52 one or more facilities of the authority. Each such public benefit 53 subsidiary corporation shall be a body politic and corporate and shall 54 have all those powers vested in the authority by the provisions of this 55 title which the authority shall determine to include in its certificate 56 of incorporation except the power to contract indebtedness.
A. 5828 146 1 (c) Whenever any state, political subdivision, municipality, commis- 2 sion, agency, officer, department, board, division or person is author- 3 ized and empowered for any of the purposes of this title to co-operate 4 and enter into agreements with the authority such state, political 5 subdivision, municipality, commission, agency, officer, department, 6 board, division or person shall have the same authorization and power 7 for any of such purposes to co-operate and enter into agreements with a 8 subsidiary corporation of the authority. 9 6. Each of the authority and its subsidiaries, in its own name or in 10 the name of the state, may apply for and receive and accept grants of 11 property, money and services and other assistance offered or made avail- 12 able to it by any person, government or agency, which it may use to meet 13 capital or operating expenses and for any other use within the scope of 14 its powers, and to negotiate for the same upon such terms and conditions 15 as the respective authority may determine to be necessary, convenient or 16 desirable. 17 7. The authority may lease railroad cars for use in its passenger 18 service pursuant to the provisions of chapter six hundred thirty-eight 19 of the laws of nineteen hundred fifty-nine. 20 8. (a) The authority may do all things it deems necessary, convenient 21 or desirable to manage, control and direct the maintenance and operation 22 of transportation facilities, equipment or real property operated by or 23 under contract, lease or other arrangement with the authority and its 24 subsidiaries. Except as hereinafter specially provided, no municipality 25 or political subdivision, including but not limited to a county, city, 26 village, town or school or other district shall have jurisdiction over 27 any facilities of the authority and its subsidiaries, or any of their 28 activities or operations. The local laws, resolutions, ordinances, rules 29 and regulations of a municipality or political subdivision, heretofore 30 or hereafter adopted, conflicting with this title or any rule or regu- 31 lation of the authority or its subsidiaries, shall not be applicable to 32 the activities or operations of the authority and its subsidiaries, or 33 the facilities of the authority and its subsidiaries, except such facil- 34 ities that are devoted to purposes other than transportation or transit 35 purposes. Each municipality or political subdivision, including but not 36 limited to a county, city, village, town or district in which any facil- 37 ities of the authority or its subsidiaries are located shall provide for 38 such facilities police, fire and health protection services of the same 39 character and to the same extent as those provided for residents of such 40 municipality or political subdivision. 41 (b) The jurisdiction, supervision, powers and duties of the department 42 of transportation of the state under the transportation law shall not 43 extend to the authority in the exercise of any of its powers under this 44 title. The authority may agree with such department for the execution by 45 such department of any grade crossing elimination project or any grade 46 crossing separation reconstruction project along any railroad facility 47 operated by the authority or by one of its subsidiary corporations or 48 under contract, lease or other arrangement with the authority. Any such 49 project shall be executed as provided in article ten of the transporta- 50 tion law and the railroad law, and the costs of any such project shall 51 be borne as provided in such laws, except that the authority's share of 52 such costs shall be borne by the state. 53 9. Upon approval by the commissioner of transportation of the state of 54 New York of detailed plans and specifications, which approval may be 55 based upon considerations of relative need and the timing of 56 construction, the authority is authorized to design, construct, main-
A. 5828 147 1 tain, operate, improve and reconstruct a highway bridge crossing Long 2 Island sound, as follows: 3 (a) Upon: (i) the enactment by the state of Connecticut of legislation 4 having like effect as the provisions of this paragraph and the granting 5 of the consent of the congress of the United States of America to the 6 interstate compact thereby created; and (ii) in conformity with recom- 7 mendations of the New York-Connecticut bi-state bridge study commission, 8 the authority is authorized, in cooperation with any duly designated 9 agency or agencies of the state of Connecticut, to design, construct, 10 maintain, operate, improve and reconstruct a highway bridge crossing 11 Long Island sound from a point in the vicinity of the city of Bridgeport 12 in the state of Connecticut to a point in the vicinity of the village of 13 Port Jefferson in the state of New York, together with approaches to 14 such bridge; and to contract from time to time with such agency or agen- 15 cies of the state of Connecticut with respect to all matters affecting 16 these authorizations, including, without limitation, the sharing of all 17 capital, operational and maintenance expense, except that the capital 18 expense of the original construction of such bridge, other than the 19 expense of acquiring the needed real property, shall be in the ratio of 20 fifty per centum for the authority and fifty per centum for such agency 21 or agencies of the state of Connecticut, the manner and by whom the work 22 of design, construction, reconstruction, improvement, maintenance and 23 operation is to be performed or contracted to others for performance, 24 the tolls, fees and other charges to be imposed from time to time for 25 the use of such bridge, and the sharing of revenues derived from the 26 imposition of such tolls, fees and charges, except that net revenues 27 remaining after deduction of operational and maintenance expense of such 28 bridge shall be in the ratio of fifty per centum for the authority and 29 fifty per centum for the state of Connecticut or for such agency or 30 agencies of the state of Connecticut. Subject to the limitations imposed 31 upon the authority by the provisions of the said contracts, that portion 32 of the said bridge and its approaches situate and lying within the 33 territorial boundaries of the state of New York shall be deemed a 34 "transportation facility" of the authority for all the purposes of this 35 title, but tolls, fees and other charges imposed for the use of such 36 bridge shall not be deemed to have been imposed "for the transportation 37 of passengers" within the intendment of subdivision three of this 38 section. 39 (b) If funds are made available by the authority for the payment of 40 the cost and expense of the acquisition thereof, the commissioner of 41 transportation of the state of New York, when requested by the authori- 42 ty, may acquire in the name of the state such real property lying within 43 the territorial boundaries of the state as may be determined from time 44 to time by the authority to be necessary, convenient or desirable to 45 carry out the authorizations set forth in paragraph (a) of this subdivi- 46 sion and this paragraph, may remove the owner or occupant thereof where 47 necessary and obtain possession and, when requested by the authority, 48 may dispose of any real property so acquired, all according to the 49 procedures provided in section thirty of the highway law. The authority 50 shall have the right to possess and use for its corporate purposes all 51 such real property so acquired, all according to the procedures provided 52 in section thirty of the highway law. The authority shall have the right 53 to possess and use for its corporate purposes all such real property so 54 acquired. Claims for the value of the property appropriated and for 55 legal damages caused by any such appropriation shall be adjusted and 56 determined by the commissioner of transportation with the approval of
A. 5828 148 1 the authority or by the court of claims as provided in section thirty of 2 the highway law. When a claim has been filed with the court of claims, 3 the claimant shall cause a copy of such claim to be served upon the 4 authority and the authority shall have the right to be represented and 5 heard before such court. All awards and judgments arising from such 6 claims shall be paid out of moneys of the authority. 7 (c) The authority, acting independently or jointly or in cooperation 8 with such agency or agencies of the state of Connecticut, may also apply 9 for and accept, upon condition or otherwise, from the duly authorized 10 agencies of the federal government, and of the governments of the states 11 of Connecticut and New York, such underwater and overwater grants of 12 real property, licenses or permits as shall be necessary, convenient or 13 desirable to carry out the authorizations set forth in paragraphs (a) 14 and (b) of this subdivision. 15 (d) The provisions of chapter four hundred forty-two of the laws of 16 nineteen hundred sixty-five, and of any agreement entered into in 17 pursuance thereof, relating to the repayment of a loan made by the state 18 to the authority for the purchase of the Long Island Rail Road shall be 19 inapplicable to: (i) the construction of such bridges and their 20 approaches; (ii) bonds, notes or other obligations of the authority 21 issued for or in connection with the financing of the cost of design, 22 construction and reconstruction of such bridges and their approaches, or 23 the proceeds realized upon such issuance; and (iii) revenues derived 24 from the investment of such proceeds or of any part thereof, and from 25 the imposition of tolls, fees or other charges for the use of such 26 bridges. 27 10. Notwithstanding the provisions of any other law, general, special 28 or local, or of any agreement entered into in pursuance thereof, relat- 29 ing to the repayment of any loan or advance made by the state to the 30 authority, the authority shall not be required to repay any such loan or 31 advance heretofore made from or by reason of the issuance of bonds or 32 notes or from the proceeds realized upon such issuance or from any other 33 funds received from any source whatever in aid or assistance of the 34 project or projects for the financing of which such bonds or notes are 35 issued. 36 11. No project to be constructed upon real property theretofore used 37 for a transportation purpose, or on an insubstantial addition to such 38 property contiguous thereto, which will not change in a material respect 39 the general character of such prior transportation use, nor any acts or 40 activities in connection with such project, shall be subject to the 41 provisions of article eight, nineteen, twenty-four or twenty-five of the 42 environmental conservation law, or to any local law or ordinance adopted 43 pursuant to any such article. Nor shall any acts or activities taken or 44 proposed to be taken by the authority or by any other person or entity, 45 public or private, in connection with the planning, design, acquisition, 46 improvement, construction, reconstruction or rehabilitation of a trans- 47 portation facility, other than a marine or aviation facility, be subject 48 to the provisions of article eight of the environmental conservation 49 law, or to any local law or ordinance adopted pursuant to any such arti- 50 cle if such acts or activities require the preparation of a statement 51 under or pursuant to any federal law or regulation as to the environ- 52 mental impact thereof. 53 12. The authority and each of its subsidiary corporations shall place 54 on each transformer and substation which contains polychlorinated biphe- 55 nyls (PCBs) a symbol so indicating the presence of PCBs. Use of a PCB 56 mark illustrated in the rules and regulations promulgated pursuant to
A. 5828 149 1 the federal Toxic Substances Control Act shall constitute compliance 2 with the provisions of this subdivision. 3 13. Notwithstanding any other provisions of law or the terms of any 4 contract, the authority, in consultation with the Long Island Rail Road, 5 shall establish and implement a no fare program for transportation on 6 the Long Island Rail Road for police officers employed by the city of 7 New York, county of Nassau, Nassau county villages and cities, county of 8 Suffolk, Suffolk county villages and towns, the division of state 9 police, the port authority of New York and New Jersey, the Metro-North 10 Commuter Railroad Company, the New York city housing authority and the 11 New York city transit authority. In establishing such program, which has 12 as its goal increased protection and improved safety for its commuters, 13 the authority and the Long Island Rail Road shall, among other things, 14 consider: (a) requiring police officers who ride without cost to regis- 15 ter with the Long Island Rail Road as a condition of riding without 16 cost; (b) requiring such officers to indicate during such registration 17 process their regular working hours and the Long Island Rail Road trains 18 that such officers expect to ride; and (c) periodically re-registering 19 and re-validating such officers. The authority and the Long Island Rail 20 Road shall also have the power to consider other matters necessary to 21 carry out the goals and objectives of this section. 22 14. (a) Notwithstanding any other provisions of law or the terms of 23 any contract, the authority, in consultation with the Long Island Rail 24 Road and the Metro-North Commuter Railroad Company, shall establish and 25 implement a no fare program for transportation on the Long Island Rail 26 Road and the Metro-North Commuter Railroad Company for individuals serv- 27 ing as personal care attendants accompanying an Americans with Disabili- 28 ties Act paratransit eligible individual. 29 (b) In order to be eligible for such no fare program the personal care 30 attendant shall show their community based personal care attendant agen- 31 cy issued identification card. 32 (c) In order to be considered accompanying an Americans with Disabili- 33 ties Act paratransit eligible individual the personal care attendant 34 shall have the same origin and destination as such paratransit eligible 35 individual. 36 15. Notwithstanding any other provision of law, the authority and any 37 of its subsidiary corporations shall establish and implement a half fare 38 rate program for persons with serious mental illness who are eligible to 39 receive supplemental security income benefits as defined pursuant to 40 title sixteen of the federal social security act and section two hundred 41 nine of the social services law. 42 16. The authority shall conduct a campaign of public outreach to 43 inform the public of the provisions pertaining to assault on employees 44 described in subdivision eleven of section 120.05 of the penal law. 45 § 1349-jjjj. Medical emergency services. The authority is hereby 46 authorized and directed to prepare and develop a medical emergency 47 services program to be implemented at a time to be specified in such 48 program for the benefit of persons utilizing transportation and other 49 related services of the authority. Such program may include but not be 50 limited to provisions for the following: 51 1. the training of designated employees in first aid; 52 2. emergency techniques and procedures; 53 3. handling and positioning of stricken commuters; and 54 4. knowledge of procedures and equipment used for respiratory and 55 cardiac emergencies.
A. 5828 150 1 Such program shall be submitted to the legislature not later than one 2 hundred eighty days after the effective date of this section. 3 § 1349-kkkk. Medical emergency services plan; implementation on Long 4 Island Rail Road. 1. (a) The authority in consultation with the Long 5 Island Rail Road is hereby authorized and directed to implement a 6 comprehensive medical emergency services program, including an emergency 7 response protocol, not later than the first of September next succeeding 8 the effective date of this section, for the benefit of persons utilizing 9 transportation and other related services of the Long Island Rail Road. 10 Such program shall include but not be limited to provisions for the 11 following: 12 (i) the training of designated employees in first aid; 13 (ii) emergency techniques and procedures; 14 (iii) handling and positioning of stricken commuters; 15 (iv) knowledge of procedures and equipment used for respiratory and 16 cardiac emergencies and an emergency response protocol for all employ- 17 ees. 18 (b) Such program and plan shall be submitted to the temporary presi- 19 dent of the senate, the speaker of the assembly and the governor on or 20 before the first of September next succeeding the effective date of this 21 section and shall be updated as necessary. The authority will issue an 22 annual report on or before April first of each year, which will include 23 current updates, descriptions of medical emergencies, responses and 24 outcomes since the most recent report, information regarding training of 25 personnel, analysis of the current plan and any recommendations for 26 improving the program. 27 2. Notwithstanding any inconsistent provision of any general, special 28 or local law, a designated employee employed upon facilities of the Long 29 Island Rail Road who has been trained in first aid, emergency techniques 30 and procedures, handling and positioning of stricken commuters, and the 31 applicable procedures and equipment used for respiratory and cardiac 32 emergencies who voluntarily and without the expectation of monetary 33 compensation renders any of the foregoing treatment in an emergency to a 34 commuter upon facilities of the Long Island Rail Road who is uncon- 35 scious, ill or injured shall not be liable for damages for injuries 36 alleged to have been sustained by such commuter or for damages for the 37 death of such commuter alleged to have occurred by reason of an act or 38 omission in the rendering of such treatment in an emergency unless it is 39 established that such injuries were or such death was caused by gross 40 negligence on the part of such designated employee. 41 § 1349-llll. Long Island Rail Road commuter council. 1. There is 42 hereby created the Long Island Rail Road commuter council, to study, 43 investigate, monitor and make recommendations with respect to the main- 44 tenance and operation of the Long Island Rail Road. Such council shall 45 study and investigate all aspects of the day to day operations of such 46 railroad, monitor its performance and recommend changes to improve the 47 efficiency of the operation thereof. 48 2. Such council shall consist of twelve members who shall be commuters 49 who regularly use the transportation services of such railroad, and who 50 shall be residents of Nassau, Suffolk, Queens or Brooklyn county. 51 Members shall be appointed by the governor upon the recommendation of 52 the county executive of each such county, provided, however, that such 53 members shall be chosen from a list of ten names submitted by each such 54 county executive and provided further however that no more than six 55 members of such council shall be residents of either such county. 56 Provided, however, that one member shall be appointed on the recommenda-
A. 5828 151 1 tion of the borough president of Queens and one member shall be 2 appointed on the recommendation of the borough president of Brooklyn. 3 Vacancies occurring in the membership of the council shall be filled in 4 the same manner as original appointments, provided, however, that such 5 vacancy shall be filled from a list of three names submitted by each 6 such county executive. 7 3. The members of the council shall receive no compensation for their 8 services but shall be reimbursed for their expenses actually and neces- 9 sarily incurred in the performance of their duties hereunder. 10 4. The council may request and shall receive from any department, 11 division, board, bureau, commission, agency, public authority of the 12 state or any political subdivision thereof such assistance and data as 13 will enable it properly to carry out its activities hereunder and effec- 14 tuate the purposes set forth herein. 15 § 1349-mmmm. Metro-North rail commuter council. 1. There is hereby 16 created the Metro-North rail commuter council to study, investigate, 17 monitor and make recommendations with respect to the maintenance and 18 operation of those portions of, if any, the Hudson, Harlem, New Haven, 19 Pascack Valley and Port Jervis commuter railroad lines remaining within 20 the metropolitan commuter transportation district. Such council shall 21 study and investigate all aspects of the day to day operation of such 22 railroad lines, monitor their performance and recommend changes to 23 improve the efficiency of the operation thereof. 24 2. Such council shall consist of eleven members and shall be commuters 25 who regularly use the transportation services of such railroad lines. At 26 least five of such members shall be residents of the county of Westches- 27 ter. Of the other six members, at least one of such members shall be a 28 resident of each of the counties of Rockland, Putnam, Dutchess, Orange 29 and Bronx, provided that such county has not withdrawn from the metro- 30 politan commuter transportation district pursuant to section thirteen 31 hundred forty-nine-wwwww of this title; provided further, should only 32 the county of Putnam remain in the metropolitan commuter transportation 33 district then membership on such council shall consist of seven members, 34 five of whom reside in the county of Westchester and two of whom reside 35 in the county of Putnam. Members shall be appointed by the governor. In 36 making such appointments the governor shall consult with and solicit 37 recommendations from local officials and to the extent possible appoint 38 members who represent the ridership of the several commuter railroad 39 lines. Vacancies occurring in the membership of the council shall be 40 filled in the same manner as original appointments. 41 3. The members of the council shall receive no compensation for their 42 services but shall be reimbursed for their expenses actually and neces- 43 sarily incurred by them in the performance of their duties hereunder 44 from funds appropriated to the commissioner of transportation. 45 4. The council may request and shall receive from any department, 46 division, board, bureau, commission, agency, public authority of the 47 state or any political subdivision thereof such assistance and data as 48 it requests and will enable it to properly carry out its activities for 49 the purposes set forth herein. 50 § 1349-nnnn. Medical emergency services plan; implementation on 51 Metro-North Commuter Railroad Company. 1. The authority is hereby 52 authorized and directed to implement a medical emergency services 53 program for the benefit of persons utilizing transportation and other 54 related services of the Metro-North Commuter Railroad Company. Such 55 program shall include but not be limited to provisions for the follow- 56 ing:
A. 5828 152 1 (a) the training of conductors, trainmen and other designated employ- 2 ees in first aid; 3 (b) emergency techniques and procedures; 4 (c) handling and positioning of stricken commuters; and 5 (d) knowledge of procedures and equipment used for respiratory and 6 cardiac emergencies. 7 2. Notwithstanding any inconsistent provision of any general, special 8 or local law, a designated employee employed upon facilities of the 9 Metro-North Commuter Railroad Company who has successfully completed a 10 course in first aid, including instruction and training in cardiopulmo- 11 nary resuscitation and who voluntarily and without expectation of mone- 12 tary compensation renders first aid, emergency treatment or cardiopulmo- 13 nary resuscitation at the scene of an accident or other emergency, in 14 the course of their duties as an employee of the Metro-North Commuter 15 Railroad Company to a person who is unconscious, ill or injured, shall 16 not be liable for damages and injuries alleged to have been sustained by 17 such person or for damages for death of such person alleged to have 18 occurred by reason of an act or omission in the rendering of such first 19 aid, emergency treatment or cardiopulmonary resuscitation unless it is 20 established that such injuries were or such death was caused by gross 21 negligence on the part of such designated employee. 22 § 1349-oooo. Excess loss fund. 1. Subject to the provisions of this 23 section, the authority is authorized to issue bonds and notes, in 24 accordance with section thirteen hundred forty-nine-xxxx of this title, 25 in such principal amounts not in excess of the seventy-five million 26 dollar limitation established in subdivision four of this section as, in 27 the opinion of the authority, shall be necessary to provide sufficient 28 funds to meet the capital and reserve requirements of a trust, pooling 29 arrangement or other entity established for the purpose of providing 30 reimbursement and funding to the authority and its subsidiaries for 31 excess or extraordinary losses for damages to real or personal property 32 or for the destruction thereof or for personal injuries or death and for 33 certain property damage losses which may be incurred or sustained by any 34 of them in connection with the use and operation of their respective 35 facilities and in the conduct of their respective activities, the trust, 36 pooling arrangement or other entity established in order to provide such 37 benefits to such participants being referred to in this section as the 38 "excess loss fund". Prior to the issuance of any bonds or notes, other 39 than refunding bonds or notes, authorized by this section, the authority 40 shall make a finding that such issue is expected to result, on a present 41 value basis, in a lower effective cost to the participating authorities 42 than funding the requirements of the excess loss fund solely through the 43 payment of premiums and assessments by such participating authorities. 44 2. In order to effectuate the purposes of the excess loss fund, the 45 authority shall, subject to the provisions of this section, have all the 46 powers provided elsewhere in this title and may: 47 (a) accept the notes, bonds and other contractual obligations of the 48 excess loss fund for funds provided to it by the authority; 49 (b) obtain security for the payment by the excess loss fund of its 50 notes, bonds and other contractual obligations issued to the authority, 51 including a pledge of all or any part of the assets and revenues of the 52 excess loss fund, including its receipts and rights to receive premiums, 53 assessments, reimbursements and other payments from the participants in 54 the excess loss fund, which pledge may contain covenants with respect to 55 the charging and fixing by actuarial estimates, where appropriate, of
A. 5828 153 1 premiums, assessments, reimbursements and other payments and the use and 2 disposition thereof; and 3 (c) enter into contracts with the excess loss fund and with the 4 participants therein, on such terms and conditions as the parties may 5 agree, with respect to the payment of premiums, assessments, reimburse- 6 ments and other payments to the excess loss fund and the nature and 7 extent of the benefits to be paid by the excess loss fund to such 8 participants. 9 3. The bonds and notes of the authority authorized by this section 10 shall not constitute general obligations of the authority, but shall be 11 special obligations of the authority payable as to principal, redemption 12 premium, if any, and interest solely from the security, sources of 13 payment and funds obtained from or on behalf of the excess loss fund, 14 all in the manner more particularly provided by the authority in the 15 resolution under which such bonds and notes shall be authorized to be 16 issued. 17 4. The aggregate principal amount of bonds and notes issued for the 18 purposes enumerated in subdivision one of this section shall not exceed 19 seventy-five million dollars, excluding: (a) bonds and notes issued to 20 fund costs of issuance and any reasonably required debt service reserve 21 fund for such bonds or notes; (b) an amount equal to any original issue 22 discount from the principal amount of any bonds or notes issued; and (c) 23 bonds and notes issued to refund or otherwise repay bonds or notes ther- 24 etofore issued for such purposes, provided, however, that upon any such 25 refunding or repayment of the total aggregate principal amount of 26 outstanding bonds and notes, including for the purpose of such calcu- 27 lation the principal amount of the refunding bonds or notes then to be 28 issued and excluding the principal amount of the bonds or notes so to be 29 refunded or repaid and any amounts excluded under paragraph (a) or (b) 30 of this subdivision, may be greater than seventy-five million dollars, 31 only if the present value of the aggregate debt service of the refunding 32 or repayment bonds or notes to be issued shall not exceed the present 33 value of the aggregate debt service of the bonds or notes so to be 34 refunded or repaid. For purposes of paragraph (c) of this subdivision, 35 the present values of the aggregate debt service of the refunding or 36 repayment bonds or notes and of the aggregate debt service of the bonds 37 or notes so to be refunded or repaid, shall be calculated by utilizing 38 the effective interest rate of the refunding or repayment bonds or 39 notes, which shall be that rate arrived at by doubling the semi-annual 40 interest rate, compounded semi-annually, necessary to discount the debt 41 service payments on the refunding or repayment bonds or notes from the 42 payment dates thereof to the date of issue of the refunding or repayment 43 bonds or notes and to the price bid including estimated accrued interest 44 or proceeds received by the authority including estimated accrued inter- 45 est from the sale thereof. 46 5. The term "excess loss fund" as used in this section shall not 47 include any trust, pooling arrangements or other entity: (a) which 48 provides or offers to provide reimbursement or funding for losses or 49 liabilities to any entity other than the authority and its subsidiaries; 50 or (b) in which any entity other than the authority and its subsidiaries 51 holds an equity interest. 52 § 1349-pppp. Authority police force. 1. The authority is hereby 53 authorized and empowered, to provide and maintain an authority police 54 department and a uniformed authority police force. Each member of such 55 uniformed police force shall be a "police officer" for the purposes of 56 the criminal procedure law, with all of the powers of such police offi-
A. 5828 154 1 cers thereunder and subject to the same jurisdictional provisions on the 2 exercise of that power as set forth in such law. The geographical area 3 of employment of such police officers for the purposes of the criminal 4 procedure law shall embrace the metropolitan commuter transportation 5 district as defined in section twelve hundred sixty-two of this article. 6 Such department and force shall have the power, in and about any or all 7 of the facilities owned, occupied and/or operated by the authority and 8 its subsidiary corporations, as determined in the discretion of the 9 authority, to enforce and prevent violation of all laws and ordinances. 10 Nothing herein shall confer upon the authority police force or upon 11 their collective negotiations representatives exclusive jurisdiction or 12 claim over the exercise of police power or security work on behalf of 13 the authority and its subsidiary corporations. Nothing herein shall 14 limit the authority and its subsidiary corporations from continuing to 15 rely on local police for police services. However, traditional police 16 functions previously performed by the Long Island Rail Road Company 17 and/or the Metro-North Commuter Railroad Company police force shall 18 continue to be performed by the authority police forces. 19 2. Initial appointments to such authority police force shall be all 20 incumbent police officers from the Long Island Rail Road Company and/or 21 the Metro-North Commuter Railroad Company at the time of such appoint- 22 ment. The executive director of the authority, through the chief of 23 police, shall have the power and authority to appoint and employ such 24 number of police officers as they deem necessary to act as police offi- 25 cers of the authority and to administer to the officers an oath or 26 affirmation faithfully to perform the duties of their respective posi- 27 tions or offices. Unless, at the time of appointment, the person is a 28 police officer of the Long Island Rail Road Company or the Metro-North 29 Commuter Railroad Company, only persons who have never been convicted of 30 a felony and are citizens of the United States shall be appointed police 31 officers on the authority police force. After the initial appointments 32 are made, selection of police officer candidates shall be made pursuant 33 to an examination process to be determined at the discretion of the 34 authority and candidates shall receive a certificate attesting to satis- 35 factory completion of an approved municipal police basic training 36 program, as described in section two hundred nine-q of the general 37 municipal law. No person shall be eligible for appointment unless such 38 person is not less than twenty years of age as of the date of appoint- 39 ment nor more than thirty-five years of age as of the date when the 40 applicant takes the written examination, provided, however, that time 41 spent on military duty or on terminal leave, not exceeding a total of 42 six years, shall be subtracted from the age of any applicant who has 43 passed their thirty-fifth birthday as provided in subdivision ten-a of 44 section two hundred forty-three of the military law. Upon appointments 45 made by transferring an entire group of police officers into the author- 46 ity police force, thereby eliminating such other group of police offi- 47 cers, the authority shall recognize any representative previously chosen 48 by the police officers for the purposes of collective negotiations 49 consistent with the bargaining units already established and shall also 50 assume and continue to observe any existing labor contracts covering 51 these police officers including such provisions which relate to the 52 grievance and disciplinary procedures and interest arbitration. Subse- 53 quent to the establishment of the consolidated police force the authori- 54 ty and the collective bargaining representatives shall be authorized to 55 negotiate a merger of the separate bargaining units.
A. 5828 155 1 3. The authority may appoint a chief and one or more deputy chiefs of 2 the authority police department who, in the discretion of the authority, 3 may be selected from the ranks of the authority police force, and assign 4 powers and duties to them and fix their compensation. The chief shall be 5 the head of such department. The deputy chief designated by the chief 6 shall possess all the powers and perform all the duties of the chief 7 during their absence or disability. The authority police force shall 8 consist of such divisions, supervisors and officers, including but not 9 limited to police officers, detectives, sergeants, lieutenants and 10 captains as designated by the authority. Notwithstanding any law or 11 provision to the contrary, the members of the uniformed authority police 12 force shall not acquire civil service status or become members of the 13 New York state and local employees' retirement system, except as set 14 forth in this section. 15 4. The authority shall provide for a twenty-year retirement plan under 16 the same terms and conditions as provided by section three hundred 17 eighty-nine of the retirement and social security law as enacted by 18 chapter six hundred twenty-eight of the laws of nineteen hundred nine- 19 ty-one; except that: 20 (a) any benefit provided pursuant to such plan shall be subject to an 21 offset, as defined in this paragraph, for any tier II benefit payable 22 pursuant to the federal Railroad Retirement Act to or in the respect of 23 a member. The offset provided for by this paragraph shall be the amount 24 of the tier II benefit which would be payable to or in respect to such 25 member pursuant to the federal Railroad Retirement Act multiplied by a 26 fraction, the numerator of which is the member's years of credited 27 service covered by the federal Railroad Retirement Act rendered to, or 28 credited by, the authority or any subsidiary corporation of the authori- 29 ty, and the denominator of which is the member's total years of service 30 covered by the federal Railroad Retirement Act; 31 (b) references to the Long Island Rail Road shall be to the authority; 32 (c) the transfer of funds described in subdivision f of section three 33 hundred eighty-nine of the retirement and social security law as enacted 34 by chapter six hundred twenty-eight of the laws of nineteen hundred 35 ninety-one shall include the Metro-North Commuter Railroad Company 36 Defined Contribution Pension Plan for Agreement Employees; 37 (d) the provisions of subdivision g of section three hundred eighty- 38 nine of the retirement and social security law as enacted by chapter six 39 hundred twenty-eight of the laws of nineteen hundred ninety-one to the 40 extent of requiring contributions for past service liability shall not 41 be applicable; and 42 (e) when a police officer transferred from the Long Island Rail Road 43 Company police force to the authority police force reaches age sixty-two 44 the authority will offset the amount payable under this plan by the 45 amount of tier II benefit payable from the Railroad Retirement Board for 46 a service age annuity or disability payable at the participants age 47 sixty-two. 48 5. The authority may, in its sole discretion, establish within the 49 authority's defined benefit program, a retirement program consistent 50 with the foregoing. If the authority has not so established such program 51 in its defined benefit program within one hundred eighty days after 52 enactment, then the authority shall elect to participate in article 53 fourteen-B of the retirement and social security law. 54 6. If the authority elects to participate in the New York state and 55 local employees' retirement system, such election to participate shall 56 be made by resolution filed with the comptroller and accepted by them
A. 5828 156 1 pursuant to section thirty-one of the retirement and social security 2 law. 3 7. Nothing herein contained shall be deemed to diminish, suspend or 4 abolish an existing benefit inured to a police officer, transferred from 5 the Long Island Rail Road Company and/or Metro-North Commuter Railroad 6 Company police force and subject to the provisions of this section in 7 and to the rights, privileges or status previously earned within a 8 pension or retirement system of which they were a member immediately 9 prior to the enactment of this section; and any such existing right, 10 privilege or status shall survive the effect of any decisions or deter- 11 minations lawfully made in accordance with the provisions hereof so long 12 as such right, privilege or status is greater in benefit to that which 13 would be imposed or imputed to any subject officer as a result of 14 actions of the authority authorized herein. 15 § 1349-qqqq. The permanent citizens advisory committee. There is 16 hereby established a permanent citizens advisory committee. The members 17 of the committee shall consist of the following members: the Long Island 18 Rail Road commuter council and the Metro-North commuter council. 19 § 1349-rrrr. Commuter transportation authority pledge to customers. 1. 20 A commuter transportation authority pledge to customers shall be created 21 and adopted by the commuter transportation authority. A copy of such 22 pledge shall be posted on the website of the authority and shall be 23 posted in stations where the authority makes regular postings. The 24 authority shall post the pledge in the language or languages it deems 25 necessary and appropriate. 26 2. The commuter transportation authority pledge to customers shall be 27 in the form and manner as prescribed by the authority, include the 28 contact information of the authority, and include, but not be limited 29 to, the following: 30 (a) a description of the authority's commitment to provide safe and 31 reliable services; 32 (b) a description of the authority's commitment to provide timely and 33 accurate information on its services; 34 (c) a commitment that employees will provide service in a courteous 35 manner; 36 (d) a description of the authority's commitment to maintain clean 37 stations, facilities, and buses; 38 (e) a description of the authority's policies when it comes to arrang- 39 ing alternative transportation when service is interrupted; 40 (f) when service is interrupted, a description of the authority's 41 policies when it comes to considering the comfort of inconvenienced 42 customers; 43 (g) when service is interrupted due to weather conditions, a 44 description of the authority's policies on notifying customers; 45 (h) when service is severely interrupted, a description of the author- 46 ity's policies on service restoration. 47 3. The authority from time to time may, update and amend the commuter 48 transportation authority pledge to customers as it deems necessary and 49 proper and may adopt rules and regulations for the proper administration 50 of this section. 51 § 1349-ssss. Expired fare transfer policy. Notwithstanding any other 52 provision of law to the contrary, the authority shall, within ninety 53 days of the effective date of this section, establish an expired fare 54 transfer policy that may be amended from time to time. Such policy shall 55 provide any person who purchases a fare the ability to transfer any 56 remaining balance for two years after such fare is deemed expired.
A. 5828 157 1 § 1349-tttt. Acquisition and disposition of real property. 1. In 2 addition to the powers provided in section thirteen hundred forty-nine- 3 iiii of this title to acquire transportation facilities, equipment and 4 real property, the authority may acquire, by condemnation pursuant to 5 the condemnation law, any real property it may deem necessary, conven- 6 ient or desirable to effectuate the purposes of this title, provided 7 however, that any such condemnation proceedings shall be brought only in 8 the supreme court and the compensation to be paid shall be ascertained 9 and determined by the court without a jury. Notwithstanding the forego- 10 ing provisions of this subdivision, no real property may be acquired by 11 the authority by condemnation for purposes other than a transportation 12 facility unless the governing body of the city, village or town in which 13 such real property is located shall first consent to such condemnation. 14 2. Nothing herein contained shall be construed to prevent the authori- 15 ty from bringing any proceedings to remove a cloud on title or such 16 other proceedings as it may, in its discretion, deem proper and neces- 17 sary or from acquiring any such property by negotiation or purchase. 18 3. Where a person entitled to an award in the proceedings to condemn 19 any real property for any of the purposes of this title remains in 20 possession of such property after the time of the vesting of title in 21 the condemnor, the reasonable value of their use and occupancy of such 22 property subsequent to such time as fixed by agreement or by the court 23 in such proceedings or by any court of competent jurisdiction shall be a 24 lien against such award subject only to the liens of record at the time 25 of vesting of title in the condemnor. 26 4. Subject to the provisions of section thirteen hundred forty-nine- 27 iiii of this title, title to all property acquired under this title 28 shall vest in the authority or one of its subsidiary corporations as the 29 authority directs. 30 5. The authority may, whenever it determines that it is in the inter- 31 est of the authority, dispose of any real property or property other 32 than real property, which it determines is not necessary, convenient or 33 desirable for its purposes. 34 6. The authority may, whenever it shall determine that it is in the 35 interest of the authority, rent, lease, or grant easements or other 36 rights in, any land or property of the authority. 37 § 1349-uuuu. Acquisition and disposition of real property by depart- 38 ment of transportation. If funds are made available by the authority for 39 the payment of the cost and expense of the acquisition thereof, the 40 commissioner of transportation of the state of New York, when requested 41 by the authority, may acquire such real property in the name of the 42 state as may be determined from time to time by the authority as being 43 necessary, convenient or desirable to effectuate the purposes of this 44 title, may remove the owner or occupant thereof where necessary and 45 obtain possession and, when requested by the authority, may dispose of 46 any real property so acquired, all according to the procedures provided 47 in section thirty of the highway law. The authority shall have the right 48 to possess and use for its corporate purposes all such real property so 49 acquired. Claims for the value of the property appropriated and for 50 legal damages caused by any such appropriation shall be adjusted and 51 determined by such commissioner with the approval of the authority or by 52 the court of claims as provided in section thirty of the highway law. 53 When a claim has been filed with the court of claims, the claimant shall 54 cause a copy of such claim to be served upon the authority and the 55 authority shall have the right to be represented and heard before such 56 court. All awards and judgments arising from such claims shall be paid
A. 5828 158 1 out of moneys of the authority. No real property may be acquired pursu- 2 ant to the provisions of this section for purposes other than a trans- 3 portation facility unless the governing body of the city, village or 4 town in which such real property is located shall first consent to such 5 acquisition. The provisions of this section shall not be applicable to 6 the acquisition or disposition of real property required for the 7 construction of the two highway bridges crossing Long Island sound 8 referred to in section thirteen hundred forty-nine-iiii of this title. 9 The authority shall be empowered to lease for such other purposes as the 10 authority may determine any part or parts of Republic airport not needed 11 for transportation purposes. 12 § 1349-vvvv. Cooperation and assistance of other agencies. 1. To 13 avoid duplication of effort and in the interests of economy, the author- 14 ity may make use of existing studies, surveys, plans, data and other 15 materials in the possession of any state agency or any municipality or 16 political subdivision of the state. Each such agency, municipality or 17 subdivision is hereby authorized to make the same available to the 18 authority and otherwise to assist it in the performance of its func- 19 tions. At the request of the authority, each such agency, municipality 20 or subdivision which is engaged in highway or other transportation 21 activities or in land use or development planning, or which is charged 22 with the duty of providing or regulating any transportation facility or 23 any other public facility, is further authorized to provide the authori- 24 ty with information regarding its plans and programs affecting the 25 transportation district so that the authority may have available to it 26 current information with respect thereto. The officers and personnel of 27 such agencies, municipalities or subdivisions, and of any other govern- 28 ment or agency whatever, may serve at the request of the authority upon 29 such advisory committees as the authority shall determine to create and 30 such officers and personnel may serve upon such committees without 31 forfeiture of office or employment and with no loss or diminution in the 32 compensation, status, rights and privileges which they otherwise enjoy. 33 2. The authority shall, at the request of any state agency, munici- 34 pality or political subdivision of the state, engaged in highway or 35 other transportation activities or in land use or development planning, 36 provide said state agency, municipality or political subdivision with 37 all current and relevant information regarding its plans or programs, so 38 as to enable said agency, municipality or subdivision to properly effec- 39 tuate said activities or planning. 40 3. To the extent that the provisions of this title authorize the 41 authority to enter into any agreement or arrangement with, or undertake 42 any other activity requiring the participation of, the big apple transit 43 authority, the New York city transit authority or any of their subsid- 44 iary corporations in furtherance of their respective purposes and powers 45 or the Triborough bridge and tunnel authority in furtherance of its 46 purposes and powers, such entities are hereby authorized and empowered 47 to enter into and perform such contract or other arrangement and to 48 undertake such activities. 49 § 1349-wwww. Promotion of qualified transportation fringes. The 50 authority shall promote the broad use of qualified transportation fring- 51 es, under section 132(f) of the internal revenue code, in order to 52 increase the number of participating companies and employees in such 53 programs. The authority may also study and report on ways in which 54 programs may be improved so as to increase public participation. 55 § 1349-xxxx. Notes, bonds and other obligations of the authority. 1. 56 (a) The authority shall have power and is hereby authorized from time to
A. 5828 159 1 time to issue its bonds, notes and other obligations in such principal 2 amount as, in the opinion of the authority, shall be necessary, conven- 3 ient or desirable to effectuate any of its powers and purposes, includ- 4 ing to provide sufficient funds for achieving its purposes, including 5 the acquisition, establishment, construction, effectuation, operation, 6 maintenance, renovation, improvement, extension, rehabilitation or 7 repair of any transportation facility, the payment of principal, redemp- 8 tion premium and interest on bonds, notes and other obligations of the 9 authority, establishment of reserves to secure such bonds, notes and 10 other obligations, the provision of working capital and all other 11 expenditures of the authority and its subsidiary corporations incident 12 to and necessary or convenient to carry out their purposes and powers. 13 Such bonds, notes or other obligations may be issued for an individual 14 transportation facility or issued on a consolidated basis for such 15 groups or classes of facilities and projects as the authority in its 16 discretion deems appropriate and be payable from and secured separately 17 or on a consolidated basis by, among other things, all or any portion of 18 such revenues and other monies and assets of the authority and its 19 subsidiary corporations as the authority determines in accordance with 20 the provisions of section thirteen hundred forty-nine-ddddd of this 21 title; 22 (b) The authority shall have power, from time to time, to issue 23 renewal notes, to issue bonds to refund, redeem or otherwise pay, 24 including by purchase or tender, notes of the authority and its subsid- 25 iary corporations and whenever it deems refunding, redemption or payment 26 expedient, to refund, redeem or otherwise pay, including by purchase or 27 tender, any bonds of the authority and its subsidiary corporations, by 28 the issuance of new bonds, whether the bonds to be refunded, redeemed or 29 otherwise paid have or have not matured, and to issue bonds partly for 30 such purpose and partly for any other purpose and to otherwise refund, 31 redeem, acquire by purchase or tender, or in any other way repay any 32 outstanding notes, bonds or other obligations of the authority, and any 33 of its subsidiary corporations; 34 (c) Every issue of its notes, bonds or other obligations shall be 35 general obligations or special obligations. Every issue of general obli- 36 gations of the authority shall be payable out of any revenues or monies 37 of the authority, subject only to any agreements with the holders of 38 particular notes or bonds pledging any particular receipts or revenues. 39 Every issue of special obligations shall be payable out of any revenues, 40 receipts, monies or other assets of the authority and its subsidiary 41 corporations, identified for such purposes in accordance with agreements 42 with the holders of particular notes, bonds or other obligations. The 43 authority may issue transportation revenue special obligation bonds, 44 notes or other obligations as provided in section thirteen hundred 45 forty-nine-eeeee of this title; 46 2. The authority may from time to time issue its bonds and notes in 47 such principal amounts as, in the opinion of the authority, shall be 48 necessary to finance the unfunded pension fund liabilities of the 49 authority, its affiliates and subsidiaries, provided, however, that in 50 no event shall the cumulative amounts of bonds and notes issued pursuant 51 to the authority of this subdivision exceed one billion two hundred 52 million dollars or sixty percent of such unfunded pension fund liabil- 53 ities, whichever is less, and provided, further, that no bonds shall be 54 issued under this subdivision for a term longer than twenty years. The 55 authority shall not issue bonds or notes in any twelve-month period in a 56 cumulative principal amount in excess of forty percent of the total
A. 5828 160 1 amount permitted to be issued under this subdivision. Prior to the issu- 2 ance of any bonds or notes, the authority shall make a finding that such 3 issue is expected to result, on a present value basis, in a lower effec- 4 tive cost to the authority than funding the unfunded pension fund 5 liability solely through the payment of annual amounts to the pension 6 fund, assuming that the principal component of the unfunded liability 7 will be amortized over the same number of years as the term of the bonds 8 or notes and that the interest payable thereon is the actuarial rate of 9 interest determined by the actuary for the pension fund at the time of 10 the issuance of such bonds or notes. The aggregate principal amount of 11 bonds and notes issued for such purposes may be increased to fund costs 12 of issuance and may reasonably require debt service of other reserve 13 funds. Bonds and notes may be issued to refund or otherwise repay bonds 14 or notes theretofore issued for such purposes; provided, however, that 15 upon any such refunding or repayment, including for the purpose of such 16 calculation the principal amount of the refunding bonds or notes then to 17 be issued and excluding the principal amount of the bonds or notes so to 18 be refunded or repaid and also excluding any amounts used to pay costs 19 of issuance and reasonably required debt service or other reserve funds, 20 the present value of the aggregate debt service of the refunding or 21 repayment bonds or notes to be issued shall not exceed the present value 22 of the aggregate debt service of the bonds or notes so to be refunded or 23 repaid. For purposes of the preceding sentence, the present values of 24 the aggregate debt service of the refunding or repayment bonds or notes 25 and of the aggregate debt service of the bonds or notes so to be 26 refunded or repaid shall be calculated by utilizing the effective inter- 27 est rate of the refunding or repayment bonds or notes, which shall be 28 that rate arrived at by doubling the semi-annual interest rate, 29 compounded semi-annually, necessary to discount the debt service 30 payments on the refunding or repayment bonds or notes from the payment 31 dates thereof to the date of issue of the refunding or repayment bonds 32 or notes and to the price bid including estimated accrued interest or 33 proceeds received by the authority including estimated accrued interest 34 from the sale thereof. Debt service on the bonds or notes shall be 35 structured so that the economic benefits thereof shall be relatively 36 uniform for each full year throughout the term of the bonds or notes. 37 Beginning with the date of first issuance of bonds under this section, 38 the authority and its subsidiaries shall make annual payments into the 39 pension fund in amounts at least equal to the current pension contrib- 40 ution liability applicable to such year. The net proceeds of the bonds 41 or notes intended to be invested in non-debt securities may be invested 42 by the recipient pension fund in a fiscally prudent manner in securities 43 consistent with any trust indentures and all applicable state and feder- 44 al law over a reasonable period of time not less than thirty days 45 following the issuance of the bonds or notes. The operating budget 46 savings associated with the issuance of pension obligation bonds pursu- 47 ant to this subdivision shall be dedicated to reducing service elimi- 48 nations projected to occur within that period. 49 3. The notes, bonds and other obligations shall be authorized by 50 resolution approved by not less than a majority vote of the whole number 51 of members of the authority then in office, except that in the event of 52 a tie vote the chairperson shall cast one additional vote. Such notes, 53 bonds and other obligations shall bear such date or dates, and shall 54 mature at such time or times, in the case of any such note or any 55 renewals thereof not exceeding five years from the date of issue of such 56 original note, and in the case of any such bond not exceeding fifty
A. 5828 161 1 years from the date of issue, as such resolution or resolutions may 2 provide. The notes, bonds and other obligations shall bear interest at 3 such rate or rates, be in such denominations, be in such form, either 4 coupon or registered, carry such registration privileges, be executed in 5 such manner, be payable in such medium of payment, at such place or 6 places and be subject to such terms of redemption as such resolution or 7 resolutions may provide. The notes, bonds and other obligations of the 8 authority may be sold by the authority, at public or private sale, at 9 such price or prices as the authority shall determine. No notes or bonds 10 of the authority may be sold by the authority at private sale, however, 11 unless such sale and the terms thereof have been approved in writing by 12 (a) the comptroller, where such sale is not to the comptroller, or (b) 13 the director of the budget, where such sale is to the comptroller. 14 4. Any resolution or resolutions authorizing any notes, bonds or any 15 issue thereof, or any other obligations of the authority, may contain 16 provisions, which shall be a part of the contract with the holders ther- 17 eof, as to: 18 (a) pledging all or any part of the revenues of the authority or of 19 any of its subsidiary corporations to secure the payment of the notes or 20 bonds or of any issue thereof, or any other obligations of the authori- 21 ty, subject to such applicable agreements with bondholders, noteholders, 22 or holders of other obligations of the authority and the metropolitan 23 transportation authority, as may then exist; 24 (b) pledging all or any part of the assets of the authority or of any 25 of its subsidiary corporations to secure the payment of the notes or 26 bonds or of any issue of notes or bonds, or any other obligations of the 27 authority, subject to such agreements with noteholders, bondholders, or 28 holders of other obligations of the authority as may then exist; 29 (c) the use and disposition of revenues, including fares, tolls, 30 rentals, rates, charges and other fees, made or received by the authori- 31 ty, or any of its subsidiary corporations; 32 (d) the setting aside of reserves or sinking funds and the regulation 33 and disposition thereof; 34 (e) limitations on the purpose to which the proceeds of sale of notes, 35 bonds or other obligations of the authority may be applied and pledging 36 such proceeds to secure the payment of the notes or bonds or of any 37 issue thereof or of other obligations; 38 (f) limitations on the issuance of additional notes, bonds or other 39 obligations of the authority; the terms upon which additional notes, 40 bonds or other obligations of the authority may be issued and secured; 41 the refunding of outstanding or other notes, bonds or other obligations 42 of the authority; 43 (g) the procedure, if any, by which the terms of any contract with 44 noteholders, bondholders, or holders of other obligations of the author- 45 ity, may be amended or abrogated, the amount of notes, bonds or other 46 obligations of the authority the holders of which shall consent thereto, 47 and the manner in which such consent may be given; 48 (h) limitations on the amount of monies to be expended by the authori- 49 ty or any of its subsidiary corporations for operating, administrative 50 or other expenses of the authority or any of its subsidiary corpo- 51 rations; 52 (i) vesting in a trustee or trustees such property, rights, powers and 53 duties in trust as the authority may determine, which may include any or 54 all of the rights, powers and duties of the trustee appointed by the 55 bondholders, noteholders or holders of other obligations of the authori- 56 ty pursuant to this title, and limiting or abrogating the right of the
A. 5828 162 1 bondholders, noteholders or holders of other obligations of the authori- 2 ty to appoint a trustee under this article or limiting the rights, 3 powers and duties of such trustee; 4 (j) any other matters, of like or different character, which in any 5 way affect the security or protection of the notes, bonds or other obli- 6 gations of the authority. 7 5. In addition to the powers herein conferred upon the authority to 8 secure its notes, bonds and other obligations, the authority shall have 9 power in connection with the issuance of notes, bonds and other obli- 10 gations to enter into such agreements as the authority may deem neces- 11 sary, convenient or desirable concerning the use or disposition of the 12 monies or property of any of the authority, its subsidiary corporations, 13 including the mortgaging of any such property and the entrusting, pledg- 14 ing or creation of any other security interest in any such monies or 15 property and the doing of any act, including refraining from doing any 16 act, which the authority would have the right to do in the absence of 17 such agreements. The authority shall have power to enter into amendments 18 of any such agreements within the powers granted to the authority by 19 this title and to perform such agreements. The provisions of any such 20 agreements may be made a part of the contract with the holders of the 21 notes, bonds and other obligations of the authority. 22 6. It is the intention hereof that any pledge, mortgage or security 23 instrument made by the authority shall be valid and binding from the 24 time when the pledge, mortgage or security instrument is made; that the 25 monies or property so pledged, mortgaged and entrusted and thereafter 26 received by the authority, or any of its subsidiary corporations shall 27 immediately be subject to the lien of such pledge, mortgage or security 28 instrument without any physical delivery thereof or further act; and 29 that the lien of any such pledge, mortgage or security instrument shall 30 be valid and binding as against all parties having claims of any kind in 31 tort, contract or otherwise against the authority, or any of its subsid- 32 iary corporations, irrespective of whether such parties have notice 33 thereof. Neither the resolution nor any mortgage, security instrument 34 or other instrument by which a pledge, mortgage lien or other security 35 is created need be recorded or filed and neither the authority nor, any 36 of its subsidiary corporations shall be required to comply with any of 37 the provisions of the uniform commercial code. 38 7. Neither the members of the authority nor any person executing the 39 notes, bonds or other obligations shall be liable personally on the 40 notes, bonds or other obligations or be subject to any personal liabil- 41 ity or accountability by reason of the issuance thereof. 42 8. The authority, subject to such agreements with the holders of 43 notes, bonds or other obligations as may then exist, shall have power 44 out of any funds available therefor to purchase notes, bonds or other 45 obligations of the authority. The authority may hold, cancel or sell 46 such bonds, notes and other obligations, subject to and in accordance 47 with agreements with such holders. 48 9. Neither the state nor the city of New York shall be liable on 49 notes, bonds or other obligations of the authority and such notes, bonds 50 and other obligations shall not be a debt of the state or the city of 51 New York, and such notes, bonds and other obligations shall contain on 52 the face thereof, or in an equally prominent place, a statement to such 53 effect. 54 10. So long as the authority has any outstanding bonds, notes or other 55 obligations issued pursuant to this section, none of the authority or 56 any of its subsidiary corporations shall have the authority to file a
A. 5828 163 1 voluntary petition under chapter nine of the federal bankruptcy code or 2 such corresponding chapter, chapters or sections as may, from time to 3 time, be in effect, and neither any public officer nor any organization, 4 entity or other person shall authorize the authority or any of its 5 subsidiary corporations to be or become a debtor under chapter nine or 6 said corresponding chapter, chapters or sections during any such period. 7 11. The term "monies" as used in this section shall include, but not 8 be limited to, all operating subsidies provided by: (a) any public bene- 9 fit corporation; or (b) any governmental entity, federal, state or local 10 and shall exclude all funds required to be transferred to the metropol- 11 itan transportation authority pursuant to section thirteen hundred 12 forty-nine-iiii of this title. 13 12. Any resolution or agreement authorizing the issuance of bonds, 14 notes or other obligations pursuant to this section may, in addition, 15 authorize and provide for the issuance of lease obligations of the 16 authority which may be issued for the purposes and on the terms and 17 conditions under which the bonds, notes and other obligations authorized 18 under this section may be issued, and may be secured in the same manner 19 as such bonds, notes and other obligations, and which resolution with 20 respect to such lease obligations, may contain such other provisions 21 applicable to bonds, notes and other obligations not inconsistent with 22 the provisions of this section, as the authority may determine. 23 13. The aggregate principal amount of bonds, notes or other obli- 24 gations issued after the effective date of this title by the authority 25 to fund projects contained in capital program plans approved pursuant to 26 section thirteen hundred forty-nine-yyyy of this title for the new capi- 27 tal program period shall not exceed the new capital program debt limit. 28 Such aggregate principal amount of bonds, notes or other obligations or 29 the expenditure thereof shall not be subject to any limitation contained 30 in any other provision of law on the principal amount of bonds, notes or 31 other obligations or the expenditure thereof applicable to the authori- 32 ty. The aggregate limitation established by this subdivision shall not 33 include: 34 (a) obligations issued to refund, redeem or otherwise repay, including 35 by purchase or tender, obligations theretofore issued either by the 36 issuer of such refunding obligations or by the authority; 37 (b) obligations issued to fund any debt service or other reserve funds 38 for such obligations; 39 (c) obligations issued or incurred to fund the costs of issuance, the 40 payment of amounts required under bond and note facilities, federal or 41 other governmental loans, security or credit arrangements or other 42 agreements related thereto and the payment of other financing, original 43 issue premiums and related costs associated with such obligations; 44 (d) an amount equal to any original issue discount from the principal 45 amount of such obligations or to fund capitalized interest; 46 (e) obligations incurred in connection with the leasing, selling or 47 transferring of equipment; and 48 (f) bond anticipation notes or other obligations payable solely from 49 the proceeds of other bonds, notes or other obligations which would be 50 included in the aggregate principal amount specified in the opening 51 paragraph of this subdivision, whether or not additionally secured by 52 revenues of the authority, or any of its subsidiary corporations. 53 § 1349-yyyy. Capital program plans; approvals; effect of disapproval. 54 1. (a) On or before the first of October next succeeding the effective 55 date of this section and every fifth year thereafter, the authority
A. 5828 164 1 shall submit to the governor a capital program plan for the ten-year 2 period commencing January first of the following year. 3 (b) Each such plan shall contain the capital program for the railroad 4 facilities, not including the Staten Island rapid transit operating 5 authority, under the jurisdiction of the authority. 6 (c) The plan shall set system-wide goals and objectives for capital 7 spending, establish standards for service and operations, and describe 8 each capital element proposed to be initiated in each of the years 9 covered by the plan and explain how each proposed element supports the 10 achievement of the service and operational standards established in the 11 plan. The plan shall also set forth an estimate of the amount of capital 12 funding required each year and the expected sources of such funding. 13 Each plan subsequent to the first such plan and each proposed amendment 14 or modification thereof shall also describe the current status of each 15 capital element included in the previously approved plan, if any. The 16 plan shall be accompanied or supplemented by such supporting materials 17 as the governor shall require. 18 (d) A capital element shall mean either a category of expenditure 19 itemized in a plan, as hereinafter provided, for which a specified maxi- 20 mum dollar amount is proposed to be expended, or a particularly 21 described capital project within one or more categories for which no 22 maximum expenditure is proposed, but for which an estimate of expected 23 cost is provided. A capital element shall be deemed to have been initi- 24 ated for purposes of this section if in connection with such element the 25 authority shall certify that: (i) purchase or construction contracts 26 have been entered into, obligating in the aggregate an amount exceeding 27 ten percent of the maximum or estimated cost of the element as set forth 28 in a plan; (ii) financing specific to the project has been undertaken; 29 or (iii) in a case where such element is limited to design or engineer- 30 ing, a contract therefor has been entered into. 31 2. The plan shall itemize the capital elements included in each 32 section of the plan under the following categories of expenditure: (a) 33 rolling stock and buses; (b) passenger stations; (c) track; (d) line 34 equipment; (e) line structures; (f) signals and communications; (g) 35 power equipment, emergency power equipment and substations; (h) shops, 36 yards, maintenance facilities, depots and terminals; (i) service vehi- 37 cles; (j) security systems; (k) electrification extensions; and (l) 38 unspecified, miscellaneous and emergency. 39 3. A capital program plan shall be approved only by resolution of the 40 authority approved by not less than a majority vote of the whole number 41 of members of the authority then in office, except that in the event of 42 a tie vote the chairperson shall cast one additional vote. After 43 approval, the authority shall submit the plan to the governor, who has 44 ninety days to approve the plan. 45 4. A copy of any capital program plan that has been approved by the 46 authority and distributed to the governor shall be simultaneously 47 provided to the public by the commuter transportation authority, via its 48 official or shared internet website. 49 5. If the governor takes no action within ninety days after receiving 50 the plan, the plan shall be deemed to have been approved. 51 6. If the governor vetoes the plan, the authority may only override 52 the veto by unanimous vote. 53 7. If the governor vetoes the plan and the authority does not override 54 the veto, the authority may thereafter reformulate and resubmit such 55 plan at any time. Within thirty days of the submission of such reformu- 56 lated plan, the governor shall notify the authority of its approval, or,
A. 5828 165 1 if the reformulated plan is not approved and the governor has not noti- 2 fied the authority of their disapproval within such period, the reformu- 3 lated plan shall be deemed to have been approved. 4 8. No general obligation bonds or notes of the authority, no special 5 obligation bonds or notes of the authority to finance a transit project 6 shall be issued to finance the costs of a capital element unless such 7 capital element and such source of funding was set forth in a plan 8 approved as provided in this section. 9 9. The disapproval of a capital program plan shall not affect: (a) the 10 right of the authority or of its subsidiaries to initiate and complete 11 any capital element which will be financed otherwise than through the 12 issuance of the bonds or notes the issuance of which is prohibited under 13 subdivision four of this section; (b) the right of the authority to 14 issue bonds or notes to finance a capital element which was initiated 15 prior to such disapproval in conformity with a previously approved plan; 16 or (c) the right of the authority to issue bonds or notes to refund or 17 otherwise repay any of its outstanding bonds or notes or to fulfill any 18 of their obligations to the holders of any of their outstanding bonds or 19 notes. 20 10. Notwithstanding the provisions of subdivision eight of this 21 section, if a source of funding described in an approved plan shall be 22 unavailable or be available in a lesser amount than that set forth in 23 such plan, the authority may issue bonds or notes as necessary to 24 provide the requisite funding for the capital elements included in the 25 plan to the extent that the aggregate amount of such bonds or notes to 26 be issued in substitution for such unavailable amounts shall not exceed 27 the greater of fifty million dollars or twenty percent of the total 28 amount described in such plan for either the substitute funding source 29 or the funding source being substituted for. 30 11. (a) The authority may from time to time submit to the governor 31 amendments or modifications to any ten-year plan theretofore submitted, 32 and shall submit such an amendment or modification: (i) if the estimated 33 cost of any capital element for which a specified dollar amount was 34 proposed to be expended exceeds the amount set forth in the approved 35 plan for such element by more than ten percent; (ii) if with respect to 36 a particularly described capital element for which only an estimate of 37 projected cost has been provided in the plan there is a material change 38 in the description of such element from that contained in the approved 39 plan; (iii) if a capital element not previously included in the approved 40 plan is proposed to be undertaken and its cost, together with the cost 41 of other elements included in category (l) of the plan, exceeds by ten 42 percent the amount provided for such category (l) elements; (iv) if the 43 authority shall propose to change by more than one year the time when 44 any capital element is proposed to be initiated or the effect of such 45 change will be to increase the estimated amount of capital funding 46 required in any year covered by the plan by more than twenty percent; or 47 (v) if the availability of funding sources changes to the degree to 48 which the authority is precluded from exercising the authorization 49 provided in subdivision six of this section and the authority wishes to 50 do so. 51 (b) An amendment or modification may only be approved in two ways: (i) 52 an amendment or modification shall only be approved by the governor and 53 within thirty days of the submission of an amendment or modification the 54 governor shall notify the authority of its approval of the same; or (ii) 55 if the amendment or modification is not approved by the governor within 56 such thirty day period and the governor has not notified the authority
A. 5828 166 1 in writing of their disapproval within such period, the amendment or 2 modification shall be deemed to have been approved. 3 12. In formulating its capital program plans, the authority shall give 4 consideration to the physical condition and urgency of need of each of 5 the several transportation and transit systems involved, to the needs of 6 all of the communities and areas serviced by these systems, to the 7 extent to which other capital aid or assistance may be available to each 8 of these systems, and to the safety, comfort and convenience of its 9 passengers. In determining the source or method of funding which the 10 authority is to use to finance the cost of the capital elements included 11 in its capital program plans, the authority shall, insofar as practica- 12 ble, give consideration, among other things, to: (a) the potential 13 impact of each such source or method upon the level of passenger fares; 14 (b) the relative cost of the several funding alternatives; and (c) the 15 relative ability of each source or method to provide funding at times 16 and in amounts estimated to be required by the capital program plan. To 17 the extent funding is proposed to be obtained through the issuance and 18 sale of bonds or notes, the authority shall, insofar as practicable and 19 consistent with the matters set forth in paragraphs (a), (b) and (c) of 20 this subdivision, give preference to the use of funds appropriated or to 21 be appropriated to the authority by virtue of service contracts with the 22 director of the budget entered into pursuant to the provisions of the 23 transportation systems assistance and financing act of 1981 for purposes 24 of paying the annual cost of debt service for such bonds or notes. 25 13. On or before the fourth first of October succeeding the effective 26 date of this subdivision, and on or before October first of every fifth 27 year thereafter, the authority shall submit to the governor a twenty- 28 year capital needs assessment. Such assessment shall begin with the 29 period commencing on the second first of January after such submission, 30 and begin each assessment with every fifth year thereafter, and describe 31 capital investments over the succeeding twenty years. Such assessment 32 shall: (a) set forth broad long-term capital investments to be made 33 throughout the district; and (b) establish a non-binding basis to be 34 used by the authority in the planning of strategic investments involving 35 capital elements in its five-year capital plans. Such assessment shall 36 not require the approval of the governor and shall be for informational 37 purposes only. For purposes of this section, "broad long-term capital 38 investments" shall include but not be limited to: system rebuilding, 39 enhancement, and expansion needs; agency needs broken down by capital 40 element or investment category; and projected future trends and network 41 implications. Such assessment shall be certified by the chairperson of 42 the authority and shall be entered into the permanent record of the 43 minutes of the review board. 44 § 1349-zzzz. Submission of strategic operation plan. 1. On or before 45 the first of July next succeeding the effective date of this section, 46 the authority shall submit to the governor a strategic operation plan 47 for the commuter railroad services under the jurisdiction of the author- 48 ity for the five-year period commencing January first of the following 49 year. The plan may be amended as required but shall be updated at least 50 annually. The plan shall include, but need not be limited to, the 51 following: 52 (a) Long-range goals and objectives for the operation of services and 53 facilities; 54 (b) Planned service and performance standards for each year of the 55 period covered by the plan; including, in such plan submitted after the 56 first of July next succeeding the effective date of this section: (i)
A. 5828 167 1 standards for determining frequency of service at peak hours and off- 2 peak hours; (ii) frequency of service at peak and off-peak hours based 3 on the application of such standards to the current period for each bus 4 route or group of bus routes, and commuter rail lines, divisions or 5 branches as appropriate; (iii) projected performance for each bus route 6 or group of bus routes, and commuter rail lines, divisions or branches 7 as appropriate as measured by reliability indicators commonly utilized 8 within the transit industry, including such measures as planned number 9 of vehicles with air conditioning and projected reliability of such 10 equipment, planned standards for cleanliness of the interior and exteri- 11 or of commuter rail cars, buses, and passenger stations, and other 12 appropriate measures of planned performance influencing the quality of 13 services; 14 (c) Level and structure of fares projected for each year of the period 15 covered by the plan; 16 (d) Estimated operating and capital resources anticipated to be avail- 17 able from internal sources as well as from federal, state, regional and 18 local sources; 19 (e) Estimated operating and capital costs to satisfy planned standards 20 of performance and service; 21 (f) Strategies to improve productivity; control cost growth; integrate 22 and coordinate the delivery of services provided by the authority as 23 well as other public and private transportation providers in the service 24 area; 25 (g) Specific allocation of operating and capital resources by mode and 26 operation, including funds, personnel, and equipment; 27 (h) Configuration by mode, operation and route of the services to be 28 provided and the facilities to be operated, identifying major planned 29 changes in services and routes; and 30 (i) Identification of the operating and capital costs as compared to 31 the revenues anticipated from system users for the commuter transporta- 32 tion authority. 33 An analysis of the relationship between specific planned capital 34 elements contained in approved capital program plans and the achievement 35 of planned service and performance standards. Such analysis shall 36 include the relationship of specific planned capital elements to the 37 achievement of such service and performance standards for each bus route 38 or group of bus routes, or commuter rail lines, divisions or branches as 39 appropriate. 40 2. Each annual update of the plan shall include a status report summa- 41 rizing the extent to which planned service and performance standards 42 developed for the previous year were achieved, the causes of any failure 43 to achieve projected standards of service, and corrective measures the 44 authority intends to take to avoid non-achievement of projected stand- 45 ards in the next upcoming year. 46 3. The commuter transportation authority shall take into consideration 47 any petitions from local officials for improved services, including how 48 these service improvements relate to the service and performance stand- 49 ards described in this section, and shall consult with appropriate local 50 officials in its preparation and periodic updates to the operation plan. 51 § 1349-aaaaa. Financial and operational reports. The authority shall 52 submit to the governor, the temporary president of the senate and the 53 speaker of the assembly, no later than thirty days following the 54 submission of the annual independent audit report pursuant to section 55 twenty-eight hundred two of this chapter, a complete detailed report or
A. 5828 168 1 reports setting forth, to the extent such matters are not fully 2 addressed in the annual independent audit report, the following: 3 1. its financial reports, including, but not limited to: 4 (a) audited financials in accordance with all applicable regulations 5 and following generally accepted accounting principles as defined in 6 subdivision ten of section two of the state finance law; 7 (b) grant and subsidy programs; 8 (c) operating and financial risks; 9 (d) current ratings of its bonds issued by recognized municipal bond 10 rating agencies and notice changes in such ratings; and 11 (e) long-term liabilities, including leases and employee benefit 12 plans; and 13 2. an assessment of the effectiveness of its internal control struc- 14 ture and procedures, including, but not limited to: 15 (a) descriptions of the authority and its major units and subsid- 16 iaries; 17 (b) the number of employees, and minority and women employees, for 18 each; 19 (c) an organizational chart; 20 (d) its charter, if any and by-laws; 21 (e) the extent of participation by minority and women-owned enter- 22 prises in authority contracts and services in accordance with article 23 fifteen-A of the executive law; and 24 (f) a listing of material changes in internal operations and programs 25 during the reporting year. 26 § 1349-bbbbb. Mission statement and measurement report. 1. The 27 authority shall submit to the governor, the temporary president of the 28 senate and the speaker of the assembly, on or before the thirty-first of 29 October next succeeding the effective date of this section, a proposed 30 authority mission statement and proposed measurements. The proposed 31 mission statement and proposed measurements shall have the following 32 components: (a) a brief mission statement expressing the purpose and 33 goals of the authority; (b) a description of the stakeholders of the 34 authority and their reasonable expectations from the authority, which 35 stakeholders shall include at a minimum: (i) the residents and taxpayers 36 of the area of the state served by the authority; (ii) the persons that 37 use the services provided by the authority; and (iii) the employees of 38 the authority and any employee organization; (c) the goals of the 39 authority in response to the needs of each group of stakeholders; and 40 (d) a list of measures by which performance of the authority and the 41 achievement of its goals may be evaluated. 42 2. The authority shall thereafter reexamine its mission statement and 43 measurements on an annual basis, and publish on its website self evalu- 44 ations based on the stated measures. 45 § 1349-ccccc. Requirements for certain authority contracts and related 46 subcontracts. 1. Any contractor or subcontractor subject to the posting 47 requirements of paragraph a of subdivision three-a of section two 48 hundred twenty of the labor law with respect to a public works contract 49 of the authority shall: 50 (a) post information conforming to the provisions of subdivision two 51 of this section in one or more conspicuous places at each major work- 52 place site where persons who perform work on the contract or subcon- 53 tract, including management, are most likely to see such postings; 54 provided that, this requirement may be satisfied by the displaying of 55 such information with other notices that inform persons of rights under
A. 5828 169 1 federal or state laws or rules, human resource policies, or collective 2 bargaining agreements; 3 (b) post information conforming to the provisions of subdivision two 4 of this section on an internet and intranet website, if any, of that 5 person or business organization; provided that, this requirement may be 6 satisfied by providing on such website a conspicuous hyperlink to the 7 authority website maintained pursuant to subdivision three of this 8 section, which hyperlink shall be labeled "Protections for Reporting 9 Fraud in New York"; 10 (c) distribute information specified in subdivision two of this 11 section to those persons, including employees and managers, who perform 12 work on the contract; provided that, this requirement may be satisfied 13 by distributing such information in an employee handbook or through a 14 specific electronic communication containing the information to a known 15 electronic mail address maintained by the person; and 16 (d) comply with the provisions of this subdivision, and provide to the 17 authority satisfactory evidence of such compliance, within ninety days. 18 2. The disclosures required by subdivision one of this section shall: 19 (a) provide the telephone numbers and addresses to report information 20 of fraud or other illegal activity to the appropriate officers of the 21 inspector general of the authority and the attorney general of the 22 state; 23 (b) describe in detail conduct prohibited by section one hundred 24 eighty-nine of the state finance law, and the role of that act in 25 preventing and detecting fraud and abuse in work paid for by the author- 26 ity or with funds originating from the authority; 27 (c) notify prospective qui tam plaintiffs on how to file a qui tam 28 action, including the necessity to contact private counsel skilled in 29 filing such actions and of the potential for cash rewards in such 30 actions based on the percentage of the funds recovered by the govern- 31 ment; and 32 (d) describe prohibitions on employer retaliation against persons who 33 file or assist actions under article thirteen of the state finance law, 34 the New York false claims act, pursuant to section one hundred ninety- 35 one of the state finance law, or who report illegal conduct that threat- 36 ens the health or safety of the public pursuant to section seven hundred 37 forty of the labor law. 38 3. No later than forty-five days after the effective date of this 39 section, the authority shall establish and continuously maintain on its 40 public website and its intranet site a page that shall provide the 41 information specified in subdivision two of this section, and that shall 42 also provide sample statements, displays and other materials suitable 43 for insertion in employee handbooks or posting at workplaces or on 44 websites that would satisfy the disclosure requirements of this section. 45 4. The authority shall not enter into any contract described in subdi- 46 vision one of this section that does not incorporate the terms of this 47 section. 48 5. Material compliance by a covered person or business organization 49 that has contracted with the authority under a contract that incorpo- 50 rates the terms of this section shall be a material condition of payment 51 for the provision of goods or services. 52 6. The authority is authorized to adopt such rules and regulations as 53 are necessary to effect the purposes of this section. 54 § 1349-ddddd. Reserve funds and appropriations. The authority may 55 create and establish one or more reserve funds in accordance with agree- 56 ments with bondholders, noteholders or the holders of other obligations
A. 5828 170 1 of the authority and may pay into such reserve funds: (a) any monies 2 appropriated and made available by the state for the purposes of such 3 funds; (b) any proceeds of sale of notes, bonds or other obligations to 4 the extent provided in the resolution of the authority authorizing the 5 issuance thereof; and (c) any other monies which may be made available 6 to the authority for the purpose of such funds from any other source or 7 sources. In lieu thereof, the authority may provide for the deposit 8 therein of, or substitute for monies on deposit therein, a liquidity or 9 credit facility, surety bond or other similar agreement. 10 § 1349-eeeee. Consolidated financings. 1. Notwithstanding any incon- 11 sistent provisions of this or any other law, general, special or local, 12 the authority may issue its notes, bonds and other obligations to 13 finance transportation facilities utilizing a consolidated pledge of all 14 or any portion of the revenues and other monies and assets of the 15 authority and its subsidiaries, together with those other sources of 16 payment described in this section. In connection therewith, at its 17 discretion, the authority, subject to the rights of the holders of 18 notes, bonds or other obligations of the authority, and the metropolitan 19 transportation authority, may deposit or cause to be deposited into one 20 or more funds and accounts: (a) all or any portion of the revenues, 21 other monies and assets received by the authority and its subsidiaries; 22 (b) all or any portion of the amounts from the operating and capital 23 costs account of the metropolitan transportation authority dedicated tax 24 fund required to be distributed to the authority under the provisions of 25 section twelve hundred seventy-c of this article; (c) all or any portion 26 of the available monies in the commuter railroad account of the metro- 27 politan transportation authority special assistance fund established 28 under the provisions of section twelve hundred seventy-a of this article 29 available for payment of operating and capital costs of the Long Island 30 Rail Road company and the Metro-North Commuter Railroad Company as 31 provided in subdivision three of section twelve hundred seventy-a of 32 this article; and (d) any other monies of the authority and its subsid- 33 iaries from any source whatsoever. 34 2. Amounts so deposited in such funds or accounts may be: (a) pledged 35 by the authority to secure, and be applied to, the payment of its bonds, 36 notes or other obligations issued to finance transportation facilities 37 undertaken for the authority and its subsidiaries; and (b) used for 38 payment of operating costs, and capital costs, including debt service, 39 reserve requirements, if any, the payment of amounts required under 40 bonds, notes or other financing facilities or agreements, and the 41 payment of all costs related to such obligations, of or for the authori- 42 ty and its subsidiaries as the authority in its full discretion shall 43 determine. To the extent moneys so deposited have been pledged by the 44 authority to secure and pay its bonds, notes or other obligations as 45 herein provided, such moneys shall first be applied to satisfy the 46 requirements of any debt service or reserve requirements of the resol- 47 ution or resolutions or other contractual arrangements authorizing such 48 bonds, notes or other obligations. After satisfaction of such require- 49 ments of any such resolution, resolutions, or other contractual arrange- 50 ments or if the authority has not so pledged such moneys, such moneys so 51 deposited, subject to the provisions of any other resolutions or 52 contractual arrangements of the authority applicable provisions of law, 53 may be transferred to or for the benefit of the authority and its 54 subsidiaries. Revenues and other monies of the authority and its subsid- 55 iaries which are deposited in the funds or accounts authorized by this 56 section, as reduced by any application of such revenues or monies to the
A. 5828 171 1 payment of debt service, reserve requirements, if any, and other costs 2 attributable to the funding of the capital costs of such entity, shall 3 be allocated, credited and distributed to such source entity. Any other 4 revenues or monies which are deposited in the funds or accounts author- 5 ized by this section which are required by law to be allocated or paid 6 to the authority or its subsidiaries shall be allocated or paid to the 7 entity to which it is required to be allocated or paid by law after 8 reduction by an amount equal to the portion thereof applied to the 9 payment of debt service, reserve requirements, if any, and other costs 10 attributable to the funding of the capital costs of such entity. In 11 determining the amount of debt service, reserve requirements, if any, 12 and other costs attributable to the authority and its subsidiaries the 13 authority shall make such calculation based upon the percentage of the 14 proceeds of the bonds, notes and other obligations expended for the 15 capital costs attributable to each such entity. The authority may 16 utilize any interim allocation of such distributions, provided that 17 within ninety days after the end of each calendar year, the authority 18 shall certify to the director of the budget, the chairperson of the 19 senate finance committee and the chairperson of the assembly ways and 20 means committee, that the aggregate amount of monies transferred to each 21 of the authority and its subsidiaries in respect of such calendar year, 22 taking into account any interagency repayments or reimbursements antic- 23 ipated to be made in the next succeeding calendar year, is not less than 24 the amounts required to be paid or transferred to such entities. 25 § 1349-fffff. Regulation of certain authority expenditures. The 26 authority shall implement policies as appropriate to minimize unwar- 27 ranted expenses and to protect against abuses in connection with: (a) 28 the granting of any privileges or benefits having financial value, other 29 than wage payments or expense reimbursements, to members or staff of the 30 authority, or any subsidiary or other authority created by the authori- 31 ty; and (b) the full-time and part-time assignment and use of automo- 32 biles owned or leased by the authority, or any subsidiary or other 33 authority created by the authority, and the use by authority employees 34 and board members of livery vehicles, as defined in section one hundred 35 twenty-one-e of the vehicle and traffic law. 36 § 1349-ggggg. Agreement of the state. The state does hereby pledge to 37 and agree with the authority and its subsidiaries, and the holders of 38 any notes, bonds or other obligations, including lease obligations, 39 issued or incurred under this title, that the state will not limit or 40 alter the denial of authority under subdivision nine of section thirteen 41 hundred forty-nine-xxxx of this title, or the rights and powers vested 42 in the authority and its subsidiaries, by this title to fulfill the 43 terms of any agreements made by any of them with the holders thereof, or 44 in any way impair the rights and remedies of such holders until such 45 notes, bonds or other obligations, including lease obligations, together 46 with the interest thereon, with interest on any unpaid installments of 47 interest, and all costs and expenses for which the authority or its 48 subsidiaries is liable in connection with any action or proceeding by or 49 on behalf of such holders, are fully met and discharged. The authority 50 and its subsidiaries are each authorized to include this pledge and 51 agreement of the state in any agreement with the holders of such notes, 52 bonds or other obligations, including lease obligations. 53 § 1349-hhhhh. Right of state to require redemption of bonds. Notwith- 54 standing and in addition to any provisions for the redemption of bonds 55 which may be contained in any contract with the holders of the bonds, 56 the state may, upon furnishing sufficient funds therefor, require the
A. 5828 172 1 authority to redeem, prior to maturity, as a whole, any issue of bonds 2 on any interest payment date not less than twenty years after the date 3 of the bonds of such issue at one hundred five per centum of their face 4 value and accrued interest or at such lower redemption price as may be 5 provided in the bonds in case of the redemption thereof as a whole on 6 the redemption date. Notice of such redemption shall be published in at 7 least two newspapers publishing and circulating respectively in the 8 cities of Albany and New York at least twice, the first publication to 9 be at least thirty days before the date of redemption. 10 § 1349-iiiii. Remedies of noteholders and bondholders. 1. In the 11 event that the authority shall default in the payment of principal of or 12 interest on any issue of notes or bonds after the same shall become due, 13 whether at maturity or upon call for redemption, and such default shall 14 continue for a period of thirty days, or in the event that the authority 15 shall fail or refuse to comply with the provisions of this title or 16 shall default in any agreement made with the holders of any issue of 17 notes or bonds, the holders of twenty-five per centum in aggregate prin- 18 cipal amount of the notes or bonds of such issue then outstanding, by 19 instrument or instruments filed in the office of the clerk of any county 20 in which the authority operates and has an office and proved or acknowl- 21 edged in the same manner as a deed to be recorded, may appoint a trustee 22 to represent the holders of such notes or bonds for the purposes herein 23 provided. 24 2. Such trustee may, and upon written request of the holders of twen- 25 ty-five per centum in principal amount of such notes or bonds then 26 outstanding shall, in their own name: 27 (a) by suit, action or proceeding in accordance with the civil prac- 28 tice law and rules, enforce all rights of the noteholders or bondhold- 29 ers, including the right to require the authority to collect fares, 30 tolls, rentals, rates, charges and other fees adequate to carry out any 31 agreement as to, or pledge of, such fares, tolls, rentals, rates, charg- 32 es and other fees and to require the authority to carry out any other 33 agreements with the holders of such notes or bonds and to perform its 34 duties under this title; 35 (b) bring suit upon such notes or bonds; 36 (c) by action or suit, require the authority to account as if it were 37 the trustee of an express trust for the holders of such notes or bonds; 38 (d) by action or suit, enjoin any acts or things which may be unlawful 39 or in violation of the rights of the holders of such notes or bonds; 40 and/or 41 (e) declare all such notes or bonds due and payable, and if all 42 defaults shall be made good, then, with the consent of the holders of 43 twenty-five per centum of the principal amount of such notes or bonds 44 then outstanding, to annul such declaration and its consequences. 45 3. Such trustee shall in addition to the foregoing have and possess 46 all of the powers necessary or appropriate for the exercise of any func- 47 tions specifically set forth herein or incident to the general represen- 48 tation of bondholders or noteholders in the enforcement and protection 49 of their rights. 50 4. The supreme court shall have jurisdiction of any suit, action or 51 proceeding by the trustee on behalf of such noteholders or bondholders. 52 The venue of any such suit, action or proceeding shall be laid in the 53 county in which the instrument or instruments are filed in accordance 54 with subdivision one of this section. 55 5. Before declaring the principal of notes or bonds due and payable, 56 the trustee shall first give thirty days' notice in writing to the
A. 5828 173 1 governor, to the authority, to the comptroller and to the attorney 2 general of the state. 3 § 1349-jjjjj. Notes and bonds as legal investment. The notes and bonds 4 of the authority are hereby made securities in which all public officers 5 and bodies of the state and all municipalities and political subdivi- 6 sions, all insurance companies and associations and other persons carry- 7 ing on an insurance business, all banks, bankers, trust companies, 8 savings banks and savings associations, including savings and loan asso- 9 ciations, building and loan associations, investment companies and other 10 persons carrying on a banking business, all administrators, guardians, 11 executors, trustees and other fiduciaries, and all other persons whatso- 12 ever who are now or who may hereafter be authorized to invest in bonds 13 or other obligations of the state, may properly and legally invest funds 14 including capital in their control or belonging to them. Notwithstand- 15 ing any other provisions of law, the bonds of the authority are also 16 hereby made securities which may be deposited with and shall be received 17 by all public officers and bodies of this state and all municipalities 18 and political subdivisions for any purpose for which the deposit of 19 bonds or other obligations of the state is now or may hereafter be 20 authorized. 21 § 1349-kkkkk. Exemption from taxation. It is hereby found, determined 22 and declared that the creation of the authority and the carrying out of 23 its purposes is in all respects for the benefit of the people of the 24 state of New York and for the improvement of their health, welfare and 25 prosperity and is a public purpose, and that the authority will be 26 performing an essential governmental function in the exercise of the 27 powers conferred upon it by this title. Without limiting the generality 28 of the following provisions of this section, property owned by the 29 authority, property leased by the authority and used for transportation 30 purposes, and property used for transportation purposes by or for the 31 benefit of the authority exclusively pursuant to the provisions of a 32 joint service arrangement or of a joint facilities agreement or trackage 33 rights agreement shall all be exempt from taxation and special ad valo- 34 rem levies. The authority shall be required to pay no fees, taxes or 35 assessments, whether state or local, including but not limited to fees, 36 taxes or assessments on real estate, franchise taxes, sales taxes or 37 other excise taxes, upon any of its property, or upon the use thereof, 38 or upon its activities in the operation and maintenance of its facili- 39 ties or on any fares, tolls, rentals, rates, charges or other fees, 40 revenues or other income received by the authority and the bonds of the 41 authority and the income therefrom shall at all times be exempt from 42 taxation, except for gift and estate taxes and taxes on transfers. This 43 section shall constitute a covenant and agreement with the holders of 44 all bonds issued by the authority. The terms "taxation" and "special ad 45 valorem levy" shall have the same meanings as defined in section one 46 hundred two of the real property tax law and the term "transportation 47 purposes" shall have the same meaning as used in titles two-A and two-B 48 of article four of such law. 49 § 1349-lllll. Actions against the authority. 1. As a condition to the 50 consent of the state to such suits against the authority, in every 51 action against the authority for damages, for injuries to real or 52 personal property or for the destruction thereof, or for personal inju- 53 ries or death, the complaint shall contain an allegation that at least 54 thirty days have elapsed since the demand, claim or claims upon which 55 such action is founded were presented to a member of the authority or
A. 5828 174 1 other officer designated for such purpose and that the authority has 2 neglected or refused to make an adjustment or payment thereof. 3 2. An action against the authority founded on tort, except an action 4 for wrongful death, shall not be commenced more than one year and ninety 5 days after the cause of action therefor shall have accrued, nor unless a 6 notice of claim shall have been served on the authority within the time 7 limited by and in compliance with all the requirements of section 8 fifty-e of the general municipal law. An action against the authority 9 for wrongful death shall be commenced in accordance with the notice of 10 claim and time limitation provisions of title eleven of article nine of 11 this chapter. 12 3. The authority shall be liable, and shall assume the liability to 13 the extent that it shall save harmless any duly appointed officer or 14 employee of the authority, for the negligence of such officer or employ- 15 ee, in the operation of a vehicle or other facility of transportation 16 owned or otherwise under the jurisdiction and control of the authority 17 in the discharge of a duty imposed upon such officer or employee at the 18 time of the accident, injury or damages complained of, while otherwise 19 acting in the performance of their duties and within the scope of their 20 employment. 21 4. The authority may require any person, presenting for settlement an 22 account or claim for any cause whatever against the authority, to be 23 sworn before a member, counsel or an attorney, officer or employee of 24 the authority designated for such purpose, concerning such account or 25 claim and when so sworn to answer orally as to any facts relative to 26 such account or claim. The authority shall have power to settle or 27 adjust all claims in favor of or against the authority. 28 5. The rate of interest to be paid by the authority upon any judgment 29 for which it is liable shall not exceed four per centum per annum. 30 6. The provisions of this section which relate to the requirement for 31 service of a notice of claim shall not apply to a subsidiary corporation 32 of the authority. In all other respects, each subsidiary corporation of 33 the authority shall be subject to the provisions of this section as if 34 such subsidiary corporation were separately named herein, provided, 35 however, that a subsidiary corporation of the authority which is a stock 36 corporation shall not be subject to the provisions of this section 37 except with respect to those causes of action arising on and after the 38 first day of the twelfth calendar month following that calendar month in 39 which such stock corporation becomes a subsidiary corporation of the 40 authority. 41 § 1349-mmmmm. Annual audit of the authority. 1. The comptroller shall 42 conduct an annual audit of the books and records of the authority and 43 its subsidiary corporations. Such audit shall include a complete and 44 thorough examination of such authority's receipts, disbursements, reven- 45 ues and expenses during the prior fiscal year in accordance with the 46 categories or classifications established by such authority for its own 47 operating and capital outlay purposes; assets and liabilities at the end 48 of its last fiscal year including the status of reserve, depreciation, 49 special or other funds and including the receipts and payments of these 50 funds; schedule of bonds and notes outstanding at the end of its fiscal 51 year and their redemption dates, together with a statement of the 52 amounts redeemed and incurred during such fiscal year; operations, debt 53 service and capital construction during the prior fiscal year. 54 2. The comptroller, upon completion of such audit, shall within sixty 55 days thereafter, report to the governor and the legislature their find- 56 ings, conclusions and recommendations thereof.
A. 5828 175 1 § 1349-nnnnn. Authority budget and financial plan. 1. In addition to 2 the requirements of section twenty-eight hundred two of this chapter, 3 each authority budget and plan shall be posted on its website and shall: 4 (a) present information relating to the authority and each of its agen- 5 cies in a clear and consistent manner and format; (b) be prepared in 6 accordance with generally accepted accounting principles, except as 7 otherwise consented to by the comptroller upon good cause shown; (c) be 8 based on reasonable assumptions and methods of estimation; (d) include 9 estimates of projected operating revenues and expenses; (e) identify any 10 planned transaction that would shift resources, from any source, from 11 one fiscal year to another, and the amount of any reserves; and (f) 12 contain a summary in plain English of the principal information in the 13 budget and conclusions to be drawn from it. 14 2. The authority shall prepare and make available for public 15 inspection on its website information that details the sources of data 16 and the assumptions and methods of estimation used to calculate all 17 operating and capital budget projections, consistent with generally 18 accepted budgetary practices. 19 3. The authority shall establish at least annually the quarterly 20 revenue and expense targets for the authority, and for each subsidiary 21 or other authority created by the authority itself and for which it 22 reports financial data. 23 4. The authority shall prepare and make available for public 24 inspection on its website: (a) within sixty days of the release of the 25 adopted budget and any updates to the budget, except updates released 26 within ninety days of the close of the fiscal year, monthly projections 27 for the current fiscal year of all revenues and expenses, staffing for 28 the authority and each of its agencies, and utilization for each of the 29 authority's agencies that operate transportation systems, including 30 bridges and tunnels; (b) within sixty days after the close of each quar- 31 ter, a comparison of actual revenues and expenses, actual staffing and 32 actual utilization to planned or projected levels for each of the 33 authority's agencies that operate transportation systems, including 34 bridges and tunnels, with an explanation of each material variance and 35 its budgetary impact; and (c) within ninety days after the close of each 36 quarter, the status of each gap-closing initiative with a projected 37 value greater than one million dollars in any given fiscal year; the 38 status of capital projects by capital element, including but not limited 39 to commitments, expenditures and completions; and an explanation of 40 material variances from the plan, cost overruns and delays. 41 5. Financial information required to be submitted by the authority 42 pursuant to paragraphs (d) and (e) of subdivision one of section thir- 43 teen hundred forty-nine-aaaaa of this title shall be presented in a 44 format consistent with the budget and plan, in downloadable, searchable 45 format. 46 § 1349-ooooo. Independent audit of the authority. The independent 47 auditor retained by the authority shall not provide to the authority, 48 contemporaneously with the audit unless it shall have previously 49 received written approval by the audit committee any non-audit service, 50 including: 51 1. routine bookkeeping or other services; 52 2. financial information systems design and implementation; 53 3. appraisal or valuation services, fairness opinions, or contribu- 54 tion-in-kind reports; 55 4. actuarial services; 56 5. outsourcing services;
A. 5828 176 1 6. authority management functions or human resources; 2 7. broker or dealer, investment advisor or investment banking 3 services; 4 8. legal services and expert services unrelated to the audit. 5 § 1349-ppppp. Independent audit by the legislature. After the 6 submission of the annual independent audit report to the legislature 7 pursuant to section twenty-eight hundred two of this chapter, and after 8 review of such report, the temporary president of the senate and the 9 speaker of the assembly may commission an auditing firm, every two 10 years, to conduct an independent audit of the authority, including its 11 subsidiaries. The temporary president of the senate and the speaker of 12 the assembly shall set the scope of such audit, and determine the terms 13 of the request for proposal for such audit. Such audit shall be 14 performed for the second year after the effective date of this section. 15 The authority shall fully cooperate with and assist in such an audit. 16 § 1349-qqqqq. Reporting. The authority shall post on its website on or 17 before the first of May, the law firms retained by the authority which 18 in the past year received payment for services in such year. 19 § 1349-rrrrr. Station operation and maintenance. 1. (a) The operation, 20 maintenance and use of passenger stations shall be public purposes of 21 the city of New York and the counties within the district. The total 22 cost to the authority and each of its subsidiary corporations of opera- 23 tion, maintenance and use of each passenger station within the district 24 serviced by one or more railroad facilities of the authority or of such 25 subsidiary corporation, including the buildings, appurtenances, plat- 26 forms, lands and approaches incidental or adjacent thereto, shall be 27 borne by the city of New York if such station is located in such city 28 or, if not located in such city, by such county within the district in 29 which such station is located. On or before June first of each year, the 30 authority shall, in accordance with the method specified herein, deter- 31 mine and certify to the city of New York and to each county within the 32 district the respective allocation of costs related to the operation, 33 maintenance and use of passenger stations within such city and each such 34 other county, for the twelve-month period ending the preceding March 35 thirty-first. 36 (i) The total payment amount to be billed by the authority for the 37 operation, maintenance and use of each passenger station within the city 38 of New York and the counties of Nassau, Suffolk, Westchester, Dutchess, 39 Putnam, Orange, and Rockland shall be calculated by summing the total 40 amount listed in the base amount table plus an adjustment to such base 41 year amount equal to the base amount times the increase or decrease in 42 the Consumer Price Index for Wage Earners and Clerical Workers for the 43 New York, Northeastern-New Jersey Standard Metropolitan Statistical Area 44 for the twelve-month period being billed. 45 BASE AMOUNT TABLE 46 County Base Amount 47 Nassau $19,200,000 48 Suffolk $11,834,091 49 Westchester $13,269,310 50 Dutchess $1,581,880 51 Putnam $618,619 52 Orange $327,247 53 Rockland $34,791
A. 5828 177 1 City of New York $61,435,330 2 (ii) For each year thereafter, such total payment for each such county 3 shall be the same amount as the total payment during the immediately 4 prior year, plus an adjustment equal to the prior year amount times the 5 increase or decrease in the Consumer Price Index for Wage Earners and 6 Clerical Workers for the New York, Northeastern-New Jersey Standard 7 Metropolitan Statistical Area for the twelve-month period being billed. 8 (b) On or before the following September first, of each year, such 9 city and each such county shall pay to the authority such cost or amount 10 so certified to it on or before the preceding June first. Such city and 11 each such county shall have power to finance such costs to it by the 12 issuance of budget notes pursuant to section 29.00 of the local finance 13 law. Each year, the authority, the city of New York and the counties of 14 Nassau, Suffolk, Westchester, Dutchess, Putnam, Orange, and Rockland 15 may, after having reached an agreement, recommend to the legislature 16 modifications to the amounts set forth in this section based upon chang- 17 es made to commuter services including but not limited to changes in the 18 number of passenger stations within such counties or the level of commu- 19 ter rail service provided to any such passenger stations. Failure 20 between the authority and between the counties to reach agreement will 21 be referred to the state comptroller for mediation. If the mediation is 22 unsuccessful, each party and the state comptroller may submit a recom- 23 mendation to the governor and the legislature for legislative action. 24 (c) In the event that a city or county shall fail to make payment to 25 the authority for station maintenance as required pursuant to this 26 section, or any part thereof, the chief executive officer of the author- 27 ity or such other person as the chairperson shall designate shall certi- 28 fy to the state comptroller the amount due and owing the authority at 29 the end of the state fiscal year and the state comptroller shall with- 30 hold an equivalent amount from the next succeeding state aid allocated 31 to such county or city from the motor fuel tax and the motor vehicle 32 registration fee distributed pursuant to former section one hundred 33 twelve of the highway law, or amounts distributed pursuant to section 34 ten-c of the highway law, or per capita local assistance pursuant to 35 section fifty-four of the state finance law subject to the following 36 limitations: (i) prior to withholding amounts due the authority from 37 such county or city, the comptroller shall pay in full any amount due 38 the state of New York municipal bond bank agency, on account of any such 39 county's or city's obligation to such agency; the city university 40 construction fund pursuant to the provisions of the city university 41 construction fund act; the New York city housing development corpo- 42 ration, pursuant to the provisions of the New York city housing develop- 43 ment corporation act, article twelve of the private housing finance law; 44 and (ii) the transit construction fund pursuant to the provisions of 45 title nine-A of this article. The comptroller shall give the director of 46 the budget notification of any such payment. Such amount or amounts so 47 withheld by the comptroller shall be paid to the authority and the 48 authority shall use such amount for the repayment of the state advances 49 hereby authorized. When such amount or amounts are received by the 50 authority, it shall credit such amounts against any amounts due and 51 owing by the city or county on whose account such amount was withheld 52 and paid. 53 2. A public hearing or hearings shall be held at least thirty days 54 prior to the closure of any transportation facility due to construction, 55 improvement, reconstruction or rehabilitation where such facility will
A. 5828 178 1 be out-of-service for ninety days or longer. Public hearings required by 2 this subdivision shall be held at one or more locations conveniently 3 accessible to the persons who would be affected by such closure. 4 § 1349-sssss. Transfer and receipt of surplus funds. Notwithstanding 5 any provision of this title or any other provision of law, general, 6 special or local, the authority may from time to time transfer and pay 7 over to the New York city transit authority or the Triborough bridge and 8 tunnel authority all or any part of its surplus funds and may accept and 9 use any monies transferred and paid over to it by the New York city 10 transit authority or the Triborough bridge and tunnel authority. 11 § 1349-ttttt. Title not affected if in part unconstitutional or inef- 12 fective. If any provision of any section of this title or the applica- 13 tion thereof to any person or circumstance shall be adjudged invalid by 14 a court of competent jurisdiction, such order or judgment shall be 15 confined in its operation to the controversy in which it was rendered, 16 and shall not affect or invalidate the remainder of any provision of any 17 section of this title or the application of any part thereof to any 18 other person or circumstance and to this end the provisions of each 19 section of this title are hereby declared to be severable. 20 § 1349-uuuuu. Commuter transportation authority inspector general. 1. 21 There is hereby created in the commuter transportation authority an 22 office of commuter transportation authority inspector general. The 23 inspector general shall be appointed by the governor with the advice and 24 consent of the senate. The inspector general shall, prior to their 25 appointment, have had at least ten years experience in the management of 26 transportation services, in auditing and investigation of governmental 27 operations, or in services related to management and productivity 28 improvement. The term of office of the inspector general shall be five 29 years from the effective date of appointment, and they shall serve at 30 the pleasure of the governor. The salary of the inspector general shall 31 be determined by the authority board. 32 2. The inspector general shall annually submit to the board of the 33 commuter transportation authority a budget request for the operation of 34 the office. If the board disapproves any portion of such request and the 35 commissioner of transportation determines such disapproval to be unrea- 36 sonable, such commissioner shall withhold from payments due such author- 37 ity, the amount so determined to be unreasonable and transfer such 38 amount to the office of the commuter transportation authority inspector 39 general. 40 3. The inspector general shall have full and unrestricted access to 41 all records, information, data, reports, plans, projections, matters, 42 contracts, memoranda, correspondence and any other materials of the 43 authority and its subsidiaries, the Long Island Rail Road, Metro-North 44 Railroad, and metropolitan suburban bus authority, or any other agency 45 that may come under the control of the authority, or within their custo- 46 dy or control. 47 4. The inspector general, notwithstanding the provisions of title nine 48 of this article and this title, and of title three of article three of 49 this chapter, shall have the following functions, powers and duties: 50 (a) to receive and investigate complaints from any source or upon 51 their own initiative concerning alleged abuses, frauds and service defi- 52 ciencies, including deficiencies in the maintenance and operation of 53 facilities, relating to the authority and its subsidiaries; 54 (b) to initiate such reviews as they may deem appropriate of the oper- 55 ations of the authority and its subsidiaries, in order to identify areas
A. 5828 179 1 in which performance might be improved and available funds used more 2 effectively; 3 (c) to recommend remedial actions to be taken by the authority and its 4 subsidiaries, to overcome or correct operating or maintenance deficien- 5 cies and inefficiencies that they determines to exist; 6 (d) to make available to appropriate law enforcement officials infor- 7 mation and evidence which relate to criminal acts that they may obtain 8 in carrying out their duties; 9 (e) to subpoena witnesses, administer oaths or affirmations, take 10 testimony and compel the production of such books, papers, records and 11 documents as they may deem to be relevant to any inquiry or investi- 12 gation undertaken pursuant to this section and to delegate such powers 13 to a duly authorized deputy inspector general; 14 (f) to monitor the implementation by the authority and its subsid- 15 iaries of recommendations made by the inspector general or other audit 16 agencies; and 17 (g) to do all things necessary to carry out the functions, powers and 18 duties set forth in this section. 19 5. The inspector general shall cooperate, consult and coordinate with 20 the state public transportation safety board with regard to any activity 21 concerning the operations of the commuter transportation authority. With 22 respect to any accident on the facilities of the commuter transportation 23 authority, the primary responsibility for investigation shall be that of 24 the board which shall share its findings with the commuter transporta- 25 tion authority inspector general. 26 6. The inspector general shall make annual public reports on their 27 findings and recommendations. Such a report shall be filed in the office 28 of the governor and with the legislature on or before the first of 29 February for the preceding year. The commuter transportation authority 30 and its applicable constituent agencies shall prepare a response to the 31 annual report and to any and all other final reports made by the inspec- 32 tor general within thirty days of receipt, which time may be extended by 33 the inspector general in their discretion, indicating whether such 34 authority intends to implement the recommendations in such reports, and, 35 if not, why not. In addition, the commuter transportation authority and 36 its applicable constituent agencies shall give quarterly reports to the 37 inspector general outlining the status of each of the recommendations 38 made by the inspector general in their final reports. Copies of all of 39 these reports shall be sent to the governor, the temporary president of 40 the senate, the speaker of the assembly, the chairperson of the senate 41 transportation committee, the chairperson of the senate finance commit- 42 tee, the chairperson of the assembly corporations, authorities and 43 commissions committee and the chairperson of the assembly ways and means 44 committee. 45 7. To effectuate the purposes of this section, the inspector general 46 may request from any department, board, bureau, commission, office or 47 other agency of the state, or any of its political subdivisions, such 48 cooperation, assistance, services and data as will enable them to carry 49 out their functions, powers and duties hereunder, and they are author- 50 ized and directed to provide said cooperation, assistance, services and 51 data. 52 § 1349-vvvvv. Management advisory board. 1. There is hereby created in 53 the office of the commuter transportation authority inspector general a 54 management advisory board, consisting of thirteen members appointed by 55 the governor, of whom two shall be appointed upon nomination by the 56 temporary president of the senate, two upon nomination by the speaker of
A. 5828 180 1 the assembly, one upon nomination by the minority leader of the senate 2 and one upon nomination by the minority leader of the assembly. All 3 members shall serve for a term of three years, except that, of the two 4 members first appointed upon nomination by the temporary president of 5 the senate, one shall serve for a term of two years and one shall serve 6 for a term of one year; of the two members first appointed upon nomi- 7 nation by the speaker of the assembly, one shall serve for a term of two 8 years and one shall serve for a term of one year; and, of two of the 9 members first appointed by the governor without nomination by any other 10 person, two shall each serve for a term of two years and two shall each 11 serve for a term of one year. One of the members appointed to the 12 management advisory board directly by the governor shall be designated 13 by the governor to serve as its chairperson. 14 2. All members of the management advisory board shall be residents of 15 the metropolitan transportation district, and shall be persons with 16 substantial experience in the management of private enterprise, in the 17 delivery of public services, or in labor or labor-management relations. 18 3. The management advisory board shall assist the commuter transporta- 19 tion authority inspector general in identifying ways to improve 20 services, reduce costs and increase the efficiency of the authority and 21 its subsidiaries. 22 4. No later than the first of April next succeeding the effective date 23 of this section, and annually thereafter, the management advisory board 24 shall submit to the governor and the legislature a report on its activ- 25 ities during the previous year. 26 5. The office of the commuter transportation authority inspector 27 general shall provide the management advisory board with such staff 28 support as may be required for the performance of its duties. 29 6. Members of the management advisory board shall serve without 30 compensation, but shall be reimbursed for expenses reasonably incurred 31 in the performance of their duties. 32 § 1349-wwwww. Transition-election to withdraw from the metropolitan 33 commuter transportation district. 1. The counties of Dutchess, Orange 34 and Rockland shall have an option to withdraw from the metropolitan 35 commuter transportation district and have such withdrawal take effect on 36 either: (a) The first of January next succeeding the effective date of 37 this section. If any such county plans to withdraw from the district on 38 the first of January next succeeding the effective date of this section, 39 it shall: (i) no later than seventy-five days after the effective date 40 of this section, furnish the commissioner of transportation, and chair- 41 person of the authority and the other counties which have an option to 42 withdraw, a resolution adopted by the county legislature providing 43 notice of intent to withdraw; (ii) on or before the first of October 44 next succeeding the effective date of this section, furnish to the 45 commissioner of transportation, the chairperson of the authority and 46 other counties which have an option to withdraw, a resolution adopted by 47 the county legislature providing for a public transportation plan. For 48 the purposes of this section, a "public transportation plan" shall mean 49 a plan that maintains adequate and continuous public transportation 50 services from the withdrawing county to the city of New York or any 51 terminus previously served, provides a reasonable level of rail passen- 52 ger service, provides a schedule for implementing such service, protects 53 the public investment in the rail transportation system and any other 54 criteria deemed necessary by the commissioner of transportation. Prior 55 to withdrawal pursuant to this paragraph or paragraph (b) of this subdi- 56 vision, a county shall receive approval of its public transportation
A. 5828 181 1 plan pursuant to paragraph (c) of this subdivision; and (iii) on or 2 before the first of December next succeeding the effective date of this 3 section, furnish the commissioner of transportation, a copy of an agree- 4 ment with the authority or an operator of rail passenger service for the 5 provision of rail passenger service to and from such county and the city 6 of New York or any terminus previously served. 7 If a county planning to withdraw on the first of January next succeed- 8 ing the effective date of this section is unable to withdraw because it 9 could not meet the requirements of this paragraph, it may elect to with- 10 draw pursuant to paragraph (b) of this subdivision. 11 (b) The second or third first of January succeeding the effective date 12 of this section. If any such county plans to withdraw on either the 13 second or third first of January next succeeding the effective date of 14 this section, it shall: (i) no later than ninety days after the first of 15 January of the year immediately preceding the year in which such county 16 plans to withdraw from the district, furnish the commissioner of trans- 17 portation, the chairperson of the authority and the other counties which 18 have an option to withdraw, a resolution adopted by the county legisla- 19 ture providing notice of intent to withdraw from the district; (ii) no 20 later than one hundred twenty days after the first of January of the 21 year immediately preceding the year in which such county plans to with- 22 draw from the district furnish to the commissioner of transportation, 23 the chairperson of the authority and the counties which have an option 24 to withdraw a resolution adopted by the county legislature providing a 25 public transportation plan as described in this section; and (iii) on or 26 before October first of the year immediately preceding the year in which 27 such county plans to withdraw from the district, furnish to the commis- 28 sioner a copy of an agreement with the authority or an operator of rail 29 passenger service for the provision of rail passenger service to and 30 from such county and the city of New York or any terminus previously 31 served. 32 (c) No later than thirty days after receipt of the public transporta- 33 tion plan the commissioner of transportation shall, in writing, either 34 approve such plan as conforming with the requirements heretofore 35 described or disapprove such plan as failing to meet such requirements 36 and the reasons therefor. Disapproval of a plan shall not prohibit a 37 county from resubmitting a public transportation plan and such resubmit- 38 ted plan shall be approved or disapproved no later than fifteen days 39 after receipt by the commissioner of transportation. The public trans- 40 portation plan shall be subject to any state or federal public hearing 41 requirements which the authority would be subject to if the authority 42 made the changes proposed by such plan. 43 (d) Any such county which plans to withdraw from the district shall 44 meet the requirements of this section prior to the effective date of 45 withdrawal, and no withdrawal for the purposes of this section shall 46 take effect unless such county furnishes the resolutions and agreement 47 prior to the effective date of withdrawal. 48 2. The authority and any subsidiary corporation of the authority shall 49 enter into an agreement or agreements with a county that plans to with- 50 draw from the district to transfer and assign to such county all author- 51 ity and subsidiary railroad facilities and operations, rights and obli- 52 gations, and contract rights and obligations, including operating 53 contract rights and obligations, which are owned, operated, maintained 54 or used directly or by contract or which are otherwise involved in the 55 provision of railroad services to such counties. Such agreement shall 56 provide, in the event a facility, operation, right or obligation is
A. 5828 182 1 necessary and material to the provision of rail passenger service in the 2 district or is not assignable under applicable bond covenants or 3 contracts or the parties agree that it should not be assigned, that the 4 authority or subsidiary thereof shall continue to hold and be responsi- 5 ble for such facility, operation, right or obligation and that such 6 county shall reimburse to the authority that portion of the cost to the 7 authority or subsidiary of its retention of such facility, operation, 8 right or obligation that is allocable to such county. If the parties 9 agree that the authority or subsidiary thereof shall operate the rail- 10 road facilities in a county after the effective date of such county's 11 withdrawal, the agreement also shall provide for the terms and condi- 12 tions of the operation of such service. 13 3. Within forty-five days of the effective date of this section, the 14 authority and any subsidiary corporation of the authority shall provide 15 to the counties of Dutchess, Orange and Rockland a written statement, 16 including cost estimates and the useful life, if any, of all of its 17 facilities, operations, rights and obligations relating to the provision 18 of rail service in such counties. 19 4. The authority and any subsidiary corporation of the authority is 20 authorized to enter into an agreement or agreements with a county that 21 plans to withdraw from the district, pursuant to which the authority or 22 subsidiary thereof will provide technical assistance to such county 23 prior to, during and after the withdrawal, with respect to the transfer 24 of ownership, operation, maintenance and use of railroad facilities 25 within such county. Such agreement may provide that the county reimburse 26 the authority or its subsidiary for the cost to the authority and its 27 subsidiary for the provision of such technical assistance. 28 5. The authority shall have no obligation to undertake or continue any 29 project or part thereof in a current or future capital program plan 30 which pertains to railroad facilities within or services to a county 31 that withdraws from the district on or after such date of withdrawal nor 32 shall the authority enter into any contract for a project or part there- 33 of which would increase liabilities pursuant to subdivision six of this 34 section in a county after such county notifies the authority of its 35 intent to withdraw as provided in subdivision one of this section, 36 provided, however, that if the authority has executed a contract for the 37 effectuation of a project or part thereof in a capital program plan in 38 such county, it shall be assigned to such county in accordance with 39 subdivision two of this section, unless the parties agree that it shall 40 not be assigned and that the authority or its subsidiary shall continue 41 to be responsible therefor, in which event the county shall reimburse 42 the authority or its subsidiary in accordance with the provisions of 43 subdivision two of this section. 44 6. Any county which withdraws from the district shall reimburse to the 45 authority or its subsidiary, within the time period agreed to by the 46 parties, any capital expenditures heretofore undertaken by the authori- 47 ty, the metropolitan transportation authority or its subsidiary for 48 railroad facilities only within such county which were financed by 49 commuter railroad revenue bonds issued by the metropolitan transporta- 50 tion authority pursuant to section twelve hundred sixty-nine of this 51 article or by the authority pursuant to section thirteen hundred forty- 52 nine-xxxx of this title and are assigned to such county in accordance 53 with the provisions of subdivision two of this section. 54 7. The obligations of a county that withdraws from the district to 55 reimburse the authority and any subsidiary corporation of the authority 56 for the costs of operation, maintenance and use of passenger stations
A. 5828 183 1 pursuant to section thirteen hundred forty-nine-rrrrr of this title, 2 shall continue for any such costs incurred up to the effective date of 3 the county's withdrawal from the district and for costs incurred there- 4 after that result from acts preceding such withdrawal, and the applica- 5 bility of the payment provisions and procedures of such section thirteen 6 hundred forty-nine-rrrrr to such county shall continue thereafter with 7 respect to the aforesaid costs. 8 8. In the event of a county's failure to make payment of any monies 9 determined by the authority to be owed and due it or any subsidiary 10 corporation of the authority pursuant to the terms of any agreement 11 entered into pursuant to this section, the authority is authorized to 12 recover such payments in the same manner as in section thirteen hundred 13 forty-nine-rrrrr of this title and the state comptroller shall withhold 14 and pay monies to the authority in accordance with the procedures set 15 forth in that section. 16 9. The term of office of any resident of a county that withdraws from 17 the district under this section, as a member of the board of the author- 18 ity, the Metro-North rail commuter council or the management advisory 19 board, which is based upon residence in such county, shall terminate 20 upon the county's withdrawal and the office shall be deemed vacant and 21 filled in the manner provided by law. 22 10. The provisions of this section and all agreements undertaken in 23 accordance herewith shall be subject to the rights of the holders of any 24 outstanding bonds or notes issued by the authority. 25 § 1349-xxxxx. The office of legislative and community input. 1. The 26 chairperson of the authority shall establish the office of legislative 27 and community input for the purpose of communicating information to, and 28 receiving comments, concerns and recommendations from, members of the 29 legislature, and members of the permanent citizens advisory committee to 30 the authority, as defined in section thirteen hundred forty-nine-qqqq of 31 this title, on the following: 32 (a) the operations of the rapid transit, omnibus and commuter rail 33 line facilities of the authority including, but not limited to: 34 (i) the quality of service provided on any rapid transit, omnibus, and 35 commuter rail line or route; 36 (ii) the frequency of operating service on the authority's mass trans- 37 it facilities; 38 (iii) the maintenance and condition of the authority's mass transit 39 facilities including, but not limited to, rapid transit and commuter 40 rail stations, railcars, buses, rail lines, fare collection systems and 41 sound systems; and 42 (iv) proposed service changes, including any reductions or expansion 43 of services, as it relates to the authority's mass transit facilities; 44 and 45 (b) any proposed, submitted and/or approved capital program plan, its 46 components, elements and projects, and associated expenditures. Any such 47 comments, concerns and recommendations relating to the capital program 48 plan, its components, elements and projects, and associated expenditures 49 shall be taken into consideration in the development of the current and 50 each successive capital program plan and/or any amendment to such plan. 51 2. The office shall establish a process to ensure timely notification 52 of the receipt of, and response to, comments, concerns, and recommenda- 53 tions by members of the legislature or members of the permanent citizens 54 advisory committee to the authority. 55 3. The chair and office shall prepare a report containing the follow- 56 ing information:
A. 5828 184 1 (a) a compilation of the comments, concerns, and recommendations 2 received by the office; 3 (b) how these comments, concerns or recommendations were or will be 4 addressed, such as the authority's response by the incorporation or 5 initiation of system and operational adjustments, improvements or expan- 6 sions if applicable; and 7 (c) how these comments, concerns or recommendations were or will be 8 addressed, such as the authority's response by changing or amending the 9 capital plan, as well as providing status updates on the progress of 10 such plan. 11 4. Such report shall on a biannual basis, commencing the first of 12 September next succeeding the effective date of this section, be submit- 13 ted to the governor, the temporary president of the senate and the 14 speaker of the assembly, be posted on the authority's website and also 15 be made readily available to the public. 16 § 1349-yyyyy. Debarment. The authority shall establish, pursuant to 17 regulation, a debarment process for contractors of the authority that 18 prohibits such contractors from bidding on future contracts, after a 19 debarment determination by such authority, for a period of five years 20 from such determination. Such regulations shall ensure notice and an 21 opportunity to be heard before such debarment determination and provide 22 as a defense acts such as force majeure. Such regulations shall only 23 provide for a debarment in situations involving a contractor's failure 24 to substantially complete the work within the time frame set forth in 25 the contract, or in any subsequent change order, by more than ten 26 percent of the contract term; or where a contractor's disputed work 27 exceeds ten percent or more of the total contract cost where claimed 28 costs are deemed to be invalid pursuant to the contractual dispute 29 resolution process. 30 § 1349-zzzzz. Right to share employees. 1. It is hereby found and 31 declared to be necessary and proper to authorize the authority, its 32 subsidiaries, affiliates, and subsidiaries of affiliates, powers to 33 effectuate and ensure such entities continued financial viability, which 34 is at issue given sizable operating deficits and significant capital 35 needs. Allowing wholesale internal management reforms will create 36 savings, combat entrenched bureaucracies, create streamlined, uniform, 37 and efficient services, ensure public accountability and reestablish 38 public trust. In order to facilitate these necessary goals it is both 39 reasonable and a legitimate public purpose to provide systematic author- 40 ity for the sharing of employees within and between the respective enti- 41 ties. 42 2. Notwithstanding any provision of law to the contrary, the authori- 43 ty, its subsidiaries, affiliates, and subsidiaries of affiliates shall 44 each have the right to share employees within and between such entities 45 and to assign such employees to perform any operation or function 46 subject only to a determination that they are substantially similar to 47 any operation or function currently performed. Substantially similar 48 operation or function shall be determined exclusively by the authority. 49 3. Nothing set forth in this subdivision shall be construed to impede, 50 infringe or diminish the rights and benefits that accrue to employees 51 and employers through collective bargaining agreements, or impact or 52 change an employee's membership in a bargaining unit. 53 § 2. This act shall take effect January 1, 2026. 54 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 55 sion, section or part of this act shall be adjudged by any court of 56 competent jurisdiction to be invalid, such judgment shall not affect,
A. 5828 185 1 impair, or invalidate the remainder thereof, but shall be confined in 2 its operation to the clause, sentence, paragraph, subdivision, section 3 or part thereof directly involved in the controversy in which such judg- 4 ment shall have been rendered. It is hereby declared to be the intent of 5 the legislature that this act would have been enacted even if such 6 invalid provisions had not been included herein. 7 § 3. This act shall take effect immediately provided, however, that 8 the applicable effective date of Parts A through E of this act shall be 9 as specifically set forth in the last section of such Parts.