S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3875
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2015
                                      ___________
       Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       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
   23  oversight AND THE COMMITTEE ON SAFETY shall include not less than  three
   24  members,  and  shall  include the chairpersons of the committee on oper-
   25  ations of the New York city transit authority, the Manhattan  and  Bronx
   26  surface  transit operating authority and the Staten Island rapid transit
   27  operating authority, the committee on operations of the Long Island Rail
   28  Road and the metropolitan suburban bus authority, and the  committee  on
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02508-01-5
       S. 3875                             2
    1  operations of the Metro-North commuter railroad. [Such] THE COMMITTEE ON
    2  SAFETY  SHALL  CONVENE  AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIR-
    3  PERSON, THAT IS A MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE
    4  COMMITTEE  ON SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS, OR
    5  FAILURES INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND  (3)
    6  THE  PUBLIC  AT LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES.
    7  THE CAPITAL PROGRAM committee shall, with respect  to  any  approved  or
    8  proposed  capital  program  plans,  (i)  monitor  the current and future
    9  availability of funds to be utilized for such plans approved or proposed
   10  to be submitted  to  the  metropolitan  transportation  capital  program
   11  review  board as provided in section twelve hundred sixty-nine-b of this
   12  title; (ii) monitor the contract awards of the metropolitan  transporta-
   13  tion  authority  and  the New York city transit authority to insure that
   14  such awards are consistent with (A) provisions of law authorizing United
   15  States content and New York state  content;  (B)  collective  bargaining
   16  agreements; (C) provisions of law providing for participation by minori-
   17  ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
   18  competitive bidding requirements including those regarding  sole  source
   19  contracts;  and  (F) any other relevant requirements established by law;
   20  (iii) monitor the award of contracts to determine  if  such  awards  are
   21  consistent with the manner in which the work was traditionally performed
   22  in  the past provided, however, that any such determination shall not be
   23  admissible as evidence in any arbitration or judicial  proceeding;  (iv)
   24  review  the  relationship  between capital expenditures pursuant to each
   25  such capital program  plan  and  current  and  future  operating  budget
   26  requirements;  (v) monitor the progress of capital elements described in
   27  each capital program plan approved as provided in section twelve hundred
   28  sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
   29  to  be  incurred  for  each  such  element;  and  (vii) identify capital
   30  elements not progressing on schedule, ascertain responsibility  therefor
   31  and  recommend those actions required or appropriate to accelerate their
   32  implementation. The CAPITAL PROGRAM committee shall  issue  a  quarterly
   33  report  on its activities and findings, and shall in connection with the
   34  preparation of such quarterly report, consult with the state division of
   35  the budget, the state department of transportation, the members  of  the
   36  metropolitan  transportation  authority capital program review board and
   37  any other group the committee deems relevant, including public  employee
   38  organizations,  and,  at  least  annually,  with a nationally recognized
   39  independent transit engineering firm. Such report shall be  made  avail-
   40  able to the members of the authority, to the members of the metropolitan
   41  transportation authority capital program review board, and the directors
   42  of the municipal assistance corporation for the city of New York.
   43    S  2.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
   44  authorities law, as amended by chapter 494  of  the  laws  of  1990,  is
   45  amended to read as follows:
   46    (b)  The  chairman  shall  establish  committees  to assist him in the
   47  performance of his duties and shall appoint members of the authority  to
   48  such  committees.  Among  such committees, there shall be a committee on
   49  operations of the New York city transit  authority,  the  Manhattan  and
   50  Bronx  surface  transit  operating authority and the Staten Island rapid
   51  transit operating authority; a  committee  on  operations  of  the  Long
   52  Island  Rail Road and the metropolitan suburban bus authority; a commit-
   53  tee on operations of the Metro-North commuter railroad; a  committee  on
   54  operations of the Triborough bridge and tunnel authority; a committee on
   55  finance; [and] a committee on capital program oversight; AND A COMMITTEE
   56  ON  SAFETY. The committee on capital program oversight shall include not
       S. 3875                             3
    1  less than [three] FOUR members, and shall include  the  chairpersons  of
    2  the  committee on operations of the New York city transit authority, the
    3  Manhattan and Bronx surface transit operating authority and  the  Staten
    4  Island rapid transit operating authority, the committee on operations of
    5  the  Long  Island Rail Road and the metropolitan suburban bus authority,
    6  [and] the committee on operations of the Metro-North commuter  railroad,
    7  AND  THE  COMMITTEE  ON  SAFETY.  [Such]  THE  COMMITTEE ON SAFETY SHALL
    8  CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIRPERSON, THAT IS A
    9  MEMBER OF THE COMMITTEE ON SAFETY, SHALL  REPORT  TO  THE  COMMITTEE  ON
   10  SAFETY  ANY  AND  ALL  INITIATIVES,  CONCERNS, IMPROVEMENTS, OR FAILURES
   11  INVOLVING THE SAFETY OF: (1)  CUSTOMERS;  (2)  EMPLOYEES;  AND  (3)  THE
   12  PUBLIC  AT  LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES. THE
   13  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  3. This act shall take effect immediately, provided that the amend-
   50  ments to paragraph (b) of subdivision 4 of section 1263  of  the  public
   51  authorities  law made by section one of this act shall be subject to the
   52  expiration and reversion of such subdivision pursuant to  section  3  of
   53  chapter  549  of  the  laws of 1994, as amended, when upon such date the
   54  provisions of section two of this act shall take effect.