S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1963
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced by M. of A. BRENNAN, BROOK-KRASNY, COLTON, SKARTADOS, ABINAN-
         TI,  OTIS  -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BUCHWALD,
         CLARK, COOK, DAVILA, GALEF, GOTTFRIED, HOOPER, JAFFEE, LENTOL,  MAYER,
         MILLER,  MOSLEY,  PERRY,  RIVERA,  SCHIMEL,  TITONE  --  read once and
         referred to the Committee on Corporations, Authorities and Commissions
       AN ACT to amend the public authorities law, in relation to  establishing
         a committee on safety within the metropolitan transportation authority
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision  4  of  section  1263  of  the
    2  public  authorities  law, as amended by chapter 549 of the laws of 1994,
    3  is amended to read as follows:
    4    (b) The chairman shall establish  committees  to  assist  him  in  the
    5  performance  of his duties and shall appoint members of the authority to
    6  such committees. Among such committees, there shall be  a  committee  on
    7  operations  of  the  New  York city transit authority, the Manhattan and
    8  Bronx surface transit operating authority and the  Staten  Island  rapid
    9  transit  operating  authority;  a  committee  on  operations of the Long
   10  Island Rail Road and the metropolitan suburban bus authority; a  commit-
   11  tee  on  operations of the Metro-North commuter railroad; a committee on
   12  operations of the Triborough bridge and tunnel authority; a committee on
   13  finance; [and] a committee on capital program oversight; AND A COMMITTEE
   14  ON SAFETY. In addition to such appointed members, each of the non-voting
   15  members referred to in subparagraph two of paragraph (a) of  subdivision
   16  one  of  this  section  shall  serve on the committee on capital program
   17  oversight, the committee  on  finance,  THE  COMMITTEE  ON  SAFETY,  the
   18  committee  on  operations of the Triborough bridge and tunnel authority,
   19  and the operations committee  relevant  to  the  commuter  council  that
   20  recommended  such  member.  The  alternate non-voting members shall each
   21  serve on the respective operations committee relevant  to  the  commuter
   22  council  that recommended each member.  The committee on capital program
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02508-01-5
       A. 1963                             2
    1  oversight AND THE COMMITTEE ON SAFETY shall include not less than  three
    2  members,  and  shall  include the chairpersons of the committee on oper-
    3  ations of the New York city transit authority, the Manhattan  and  Bronx
    4  surface  transit operating authority and the Staten Island rapid transit
    5  operating authority, the committee on operations of the Long Island Rail
    6  Road and the metropolitan suburban bus authority, and the  committee  on
    7  operations of the Metro-North commuter railroad. [Such] THE COMMITTEE ON
    8  SAFETY  SHALL  CONVENE  AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIR-
    9  PERSON, THAT IS A MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE
   10  COMMITTEE ON SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS,  OR
   11  FAILURES  INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND (3)
   12  THE PUBLIC AT LARGE, IN RELATION TO AUTHORITY FACILITIES  AND  SERVICES.
   13  THE  CAPITAL  PROGRAM  committee  shall, with respect to any approved or
   14  proposed capital program plans,  (i)  monitor  the  current  and  future
   15  availability of funds to be utilized for such plans approved or proposed
   16  to  be  submitted  to  the  metropolitan  transportation capital program
   17  review board as provided in section twelve hundred sixty-nine-b of  this
   18  title;  (ii) monitor the contract awards of the metropolitan transporta-
   19  tion authority and the New York city transit authority  to  insure  that
   20  such awards are consistent with (A) provisions of law authorizing United
   21  States  content  and  New  York state content; (B) collective bargaining
   22  agreements; (C) provisions of law providing for participation by minori-
   23  ty and women-owned businesses;  (D)  New  York  state  labor  laws;  (E)
   24  competitive  bidding  requirements including those regarding sole source
   25  contracts; and (F) any other relevant requirements established  by  law;
   26  (iii)  monitor  the  award  of contracts to determine if such awards are
   27  consistent with the manner in which the work was traditionally performed
   28  in the past provided, however, that any such determination shall not  be
   29  admissible  as  evidence in any arbitration or judicial proceeding; (iv)
   30  review the relationship between capital expenditures  pursuant  to  each
   31  such  capital  program  plan  and  current  and  future operating budget
   32  requirements; (v) monitor the progress of capital elements described  in
   33  each capital program plan approved as provided in section twelve hundred
   34  sixty-nine-b  of  this title; (vi) monitor the expenditures incurred and
   35  to be incurred  for  each  such  element;  and  (vii)  identify  capital
   36  elements  not progressing on schedule, ascertain responsibility therefor
   37  and recommend those actions required or appropriate to accelerate  their
   38  implementation.  The  CAPITAL  PROGRAM committee shall issue a quarterly
   39  report on its activities and findings, and shall in connection with  the
   40  preparation of such quarterly report, consult with the state division of
   41  the  budget,  the state department of transportation, the members of the
   42  metropolitan transportation authority capital program review  board  and
   43  any  other group the committee deems relevant, including public employee
   44  organizations, and, at least  annually,  with  a  nationally  recognized
   45  independent  transit  engineering firm. Such report shall be made avail-
   46  able to the members of the authority, to the members of the metropolitan
   47  transportation authority capital program review board, and the directors
   48  of the municipal assistance corporation for the city of New York.
   49    S 2. Paragraph (b) of subdivision 4 of  section  1263  of  the  public
   50  authorities  law,  as  amended  by  chapter  494 of the laws of 1990, is
   51  amended to read as follows:
   52    (b) The chairman shall establish  committees  to  assist  him  in  the
   53  performance  of his duties and shall appoint members of the authority to
   54  such committees. Among such committees, there shall be  a  committee  on
   55  operations  of  the  New  York city transit authority, the Manhattan and
   56  Bronx surface transit operating authority and the  Staten  Island  rapid
       A. 1963                             3
    1  transit  operating  authority;  a  committee  on  operations of the Long
    2  Island Rail Road and the metropolitan suburban bus authority; a  commit-
    3  tee  on  operations of the Metro-North commuter railroad; a committee on
    4  operations of the Triborough bridge and tunnel authority; a committee on
    5  finance; [and] a committee on capital program oversight; AND A COMMITTEE
    6  ON  SAFETY. The committee on capital program oversight shall include not
    7  less than [three] FOUR members, and shall include  the  chairpersons  of
    8  the  committee on operations of the New York city transit authority, the
    9  Manhattan and Bronx surface transit operating authority and  the  Staten
   10  Island rapid transit operating authority, the committee on operations of
   11  the  Long  Island Rail Road and the metropolitan suburban bus authority,
   12  [and] the committee on operations of the Metro-North commuter  railroad,
   13  AND  THE  COMMITTEE  ON  SAFETY.  [Such]  THE  COMMITTEE ON SAFETY SHALL
   14  CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIRPERSON, THAT IS A
   15  MEMBER OF THE COMMITTEE ON SAFETY, SHALL  REPORT  TO  THE  COMMITTEE  ON
   16  SAFETY  ANY  AND  ALL  INITIATIVES,  CONCERNS, IMPROVEMENTS, OR FAILURES
   17  INVOLVING THE SAFETY OF: (1)  CUSTOMERS;  (2)  EMPLOYEES;  AND  (3)  THE
   18  PUBLIC  AT  LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES. THE
   19  CAPITAL PROGRAM  committee  shall,  with  respect  to  any  approved  or
   20  proposed  capital  program  plans,  (i)  monitor  the current and future
   21  availability of funds to be utilized for such plans approved or proposed
   22  to be submitted  to  the  metropolitan  transportation  capital  program
   23  review  board as provided in section twelve hundred sixty-nine-b of this
   24  title; (ii) monitor the contract awards of the metropolitan  transporta-
   25  tion  authority  and  the New York city transit authority to insure that
   26  such awards are consistent with (A) provisions of law authorizing United
   27  States content and New York state  content;  (B)  collective  bargaining
   28  agreements; (C) provisions of law providing for participation by minori-
   29  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
   30  competitive bidding requirements including those regarding  sole  source
   31  contracts;  and  (F) any other relevant requirements established by law;
   32  (iii) monitor the award of contracts to determine  if  such  awards  are
   33  consistent with the manner in which the work was traditionally performed
   34  in  the past provided, however, that any such determination shall not be
   35  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
   36  review  the  relationship  between capital expenditures pursuant to each
   37  such capital program  plan  and  current  and  future  operating  budget
   38  requirements;  (v) monitor the progress of capital elements described in
   39  each capital program plan approved as provided in section twelve hundred
   40  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
   41  to  be  incurred  for  each  such  element;  and  (vii) identify capital
   42  elements not progressing on schedule, ascertain responsibility  therefor
   43  and  recommend those actions required or appropriate to accelerate their
   44  implementation. The CAPITAL PROGRAM committee shall  issue  a  quarterly
   45  report  on its activities and findings, and shall in connection with the
   46  preparation of such quarterly report, consult with the state division of
   47  the budget, the state department of transportation, the members  of  the
   48  metropolitan  transportation  authority capital program review board and
   49  any other group the committee deems relevant, including public  employee
   50  organizations,  and,  at  least  annually,  with a nationally recognized
   51  independent transit engineering firm. Such report shall be  made  avail-
   52  able to the members of the authority, to the members of the metropolitan
   53  transportation authority capital program review board, and the directors
   54  of the municipal assistance corporation for the city of New York.
   55    S  3. This act shall take effect immediately, provided that the amend-
   56  ments to paragraph (b) of subdivision 4 of section 1263  of  the  public
       A. 1963                             4
    1  authorities  law made by section one of this act shall be subject to the
    2  expiration and reversion of such subdivision pursuant to  section  3  of
    3  chapter  549  of  the  laws of 1994, as amended, when upon such date the
    4  provisions of section two of this act shall take effect.