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:

  Section 1. Paragraph (b) of subdivision  4  of  section  1263  of  the
public  authorities  law, as amended by chapter 549 of the laws of 1994,
is amended to read as follows:
  (b) The chairman shall establish  committees  to  assist  him  in  the
performance  of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be  a  committee  on
operations  of  the  New  York city transit authority, the Manhattan and
Bronx surface transit operating authority and the  Staten  Island  rapid
transit  operating  authority;  a  committee  on  operations of the Long
Island Rail Road and the metropolitan suburban bus authority; a  commit-
tee  on  operations of the Metro-North commuter railroad; a committee on
operations of the Triborough bridge and tunnel authority; a committee on
finance; [and] a committee on capital program oversight; AND A COMMITTEE
ON SAFETY. In addition to such appointed members, each of the non-voting
members referred to in subparagraph two of paragraph (a) of  subdivision
one  of  this  section  shall  serve on the committee on capital program
oversight, the committee  on  finance,  THE  COMMITTEE  ON  SAFETY,  the
committee  on  operations of the Triborough bridge and tunnel authority,
and the operations committee  relevant  to  the  commuter  council  that
recommended  such  member.  The  alternate non-voting members shall each
serve on the respective operations committee relevant  to  the  commuter
council  that recommended each member.  The committee on capital program
oversight AND THE COMMITTEE ON SAFETY shall include not less than  three
members,  and  shall  include the chairpersons of the committee on oper-
ations of the New York city transit authority, the Manhattan  and  Bronx
surface  transit operating authority and the Staten Island rapid transit
operating authority, the committee on operations of the Long Island Rail
Road and the metropolitan suburban bus authority, and the  committee  on

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02508-01-5

S. 3875                             2

operations of the Metro-North commuter railroad. [Such] THE COMMITTEE ON
SAFETY  SHALL  CONVENE  AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIR-
PERSON, THAT IS A MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE
COMMITTEE  ON SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS, OR
FAILURES INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND  (3)
THE  PUBLIC  AT LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES.
THE CAPITAL PROGRAM committee shall, with respect  to  any  approved  or
proposed  capital  program  plans,  (i)  monitor  the current and future
availability of funds to be utilized for such plans approved or proposed
to be submitted  to  the  metropolitan  transportation  capital  program
review  board as provided in section twelve hundred sixty-nine-b of this
title; (ii) monitor the contract awards of the metropolitan  transporta-
tion  authority  and  the New York city transit authority to insure that
such awards are consistent with (A) provisions of law authorizing United
States content and New York state  content;  (B)  collective  bargaining
agreements; (C) provisions of law providing for participation by minori-
ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
competitive bidding requirements including those regarding  sole  source
contracts;  and  (F) any other relevant requirements established by law;
(iii) monitor the award of contracts to determine  if  such  awards  are
consistent with the manner in which the work was traditionally performed
in  the past provided, however, that any such determination shall not be
admissible as evidence in any arbitration or judicial  proceeding;  (iv)
review  the  relationship  between capital expenditures pursuant to each
such capital program  plan  and  current  and  future  operating  budget
requirements;  (v) monitor the progress of capital elements described in
each capital program plan approved as provided in section twelve hundred
sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
to  be  incurred  for  each  such  element;  and  (vii) identify capital
elements not progressing on schedule, ascertain responsibility  therefor
and  recommend those actions required or appropriate to accelerate their
implementation. The CAPITAL PROGRAM committee shall  issue  a  quarterly
report  on its activities and findings, and shall in connection with the
preparation of such quarterly report, consult with the state division of
the budget, the state department of transportation, the members  of  the
metropolitan  transportation  authority capital program review board and
any other group the committee deems relevant, including public  employee
organizations,  and,  at  least  annually,  with a nationally recognized
independent transit engineering firm. Such report shall be  made  avail-
able to the members of the authority, to the members of the metropolitan
transportation authority capital program review board, and the directors
of the municipal assistance corporation for the city of New York.
  S  2.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
authorities law, as amended by chapter 494  of  the  laws  of  1990,  is
amended to read as follows:
  (b)  The  chairman  shall  establish  committees  to assist him in the
performance of his duties and shall appoint members of the authority  to
such  committees.  Among  such committees, there shall be a committee on
operations of the New York city transit  authority,  the  Manhattan  and
Bronx  surface  transit  operating authority and the Staten Island rapid
transit operating authority; a  committee  on  operations  of  the  Long
Island  Rail Road and the metropolitan suburban bus authority; a commit-
tee on operations of the Metro-North commuter railroad; a  committee  on
operations of the Triborough bridge and tunnel authority; a committee on
finance; [and] a committee on capital program oversight; AND A COMMITTEE
ON  SAFETY. The committee on capital program oversight shall include not

S. 3875                             3

less than [three] FOUR members, and shall include  the  chairpersons  of
the  committee on operations of the New York city transit authority, the
Manhattan and Bronx surface transit operating authority and  the  Staten
Island rapid transit operating authority, the committee on operations of
the  Long  Island Rail Road and the metropolitan suburban bus authority,
[and] the committee on operations of the Metro-North commuter  railroad,
AND  THE  COMMITTEE  ON  SAFETY.  [Such]  THE  COMMITTEE ON SAFETY SHALL
CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIRPERSON, THAT IS A
MEMBER OF THE COMMITTEE ON SAFETY, SHALL  REPORT  TO  THE  COMMITTEE  ON
SAFETY  ANY  AND  ALL  INITIATIVES,  CONCERNS, IMPROVEMENTS, OR FAILURES
INVOLVING THE SAFETY OF: (1)  CUSTOMERS;  (2)  EMPLOYEES;  AND  (3)  THE
PUBLIC  AT  LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES. THE
CAPITAL PROGRAM  committee  shall,  with  respect  to  any  approved  or
proposed  capital  program  plans,  (i)  monitor  the current and future
availability of funds to be utilized for such plans approved or proposed
to be submitted  to  the  metropolitan  transportation  capital  program
review  board as provided in section twelve hundred sixty-nine-b of this
title; (ii) monitor the contract awards of the metropolitan  transporta-
tion  authority  and  the New York city transit authority to insure that
such awards are consistent with (A) provisions of law authorizing United
States content and New York state  content;  (B)  collective  bargaining
agreements; (C) provisions of law providing for participation by minori-
ty  and  women-owned  businesses;  (D)  New  York  state labor laws; (E)
competitive bidding requirements including those regarding  sole  source
contracts;  and  (F) any other relevant requirements established by law;
(iii) monitor the award of contracts to determine  if  such  awards  are
consistent with the manner in which the work was traditionally performed
in  the past provided, however, that any such determination shall not be
admissible as evidence in any arbitration or judicial  proceeding;  (iv)
review  the  relationship  between capital expenditures pursuant to each
such capital program  plan  and  current  and  future  operating  budget
requirements;  (v) monitor the progress of capital elements described in
each capital program plan approved as provided in section twelve hundred
sixty-nine-b of this title; (vi) monitor the expenditures  incurred  and
to  be  incurred  for  each  such  element;  and  (vii) identify capital
elements not progressing on schedule, ascertain responsibility  therefor
and  recommend those actions required or appropriate to accelerate their
implementation. The CAPITAL PROGRAM committee shall  issue  a  quarterly
report  on its activities and findings, and shall in connection with the
preparation of such quarterly report, consult with the state division of
the budget, the state department of transportation, the members  of  the
metropolitan  transportation  authority capital program review board and
any other group the committee deems relevant, including public  employee
organizations,  and,  at  least  annually,  with a nationally recognized
independent transit engineering firm. Such report shall be  made  avail-
able to the members of the authority, to the members of the metropolitan
transportation authority capital program review board, and the directors
of the municipal assistance corporation for the city of New York.
  S  3. This act shall take effect immediately, provided that the amend-
ments to paragraph (b) of subdivision 4 of section 1263  of  the  public
authorities  law made by section one of this act shall be subject to the
expiration and reversion of such subdivision pursuant to  section  3  of
chapter  549  of  the  laws of 1994, as amended, when upon such date the
provisions of section two of this act shall take effect.