S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5695
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KOLB,  McDONOUGH, OAKS, WALTER, BLANKENBUSH,
   BUTLER, CROUCH, DiPIETRO, FINCH, HAWLEY, JOHNS, KEARNS, LALOR,  LOPEZ,
   McLAUGHLIN, MONTESANO, PALMESANO, SKARTADOS, STEC, BRABENEC, GIGLIO --
   Multi-Sponsored  by  --  M. of A. BARCLAY -- 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 enacting the New York state thruway authority account-
   ability act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and be may cited as the "New York
 state thruway authority accountability act".
   § 2. Section 351 of the public authorities law is amended by adding  a
 new subdivision 4-a to read as follows:
   4-A.  THE  TERM  "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTA-
 TION.
   § 3. Subdivision 1 of section 352 of the public  authorities  law,  as
 amended  by  chapter  766  of  the  laws  of 2005, is amended to read as
 follows:
   1. (A) A board to be known as "New York state  thruway  authority"  is
 hereby created. Such board shall be a body corporate and politic consti-
 tuting a public corporation. It shall consist of seven members appointed
 by  the  governor by and with the advice and consent of the senate. [The
 members first appointed shall serve for terms ending three, six and nine
 years, respectively from January first next  succeeding  their  appoint-
 ment.  Provided,  however,  that two board members first appointed on or
 after the effective date of the chapter of the laws of two thousand five
 which amended this subdivision shall serve an initial term of two years;
 provided further that two other board  members  first  appointed  on  or
 after the effective date of the chapter of the laws of two thousand five
 which  amended  this  subdivision  shall  serve an initial term of three

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

                                                            LBD08028-01-7

 A. 5695                             2

 years. Their successors shall be appointed for terms of nine years each.
 A member to be designated as chairman in his or  her  appointment  as  a
 member  shall  be chairman of such board until his or her term as member
 expires.]  THE  COMMISSIONER  OF  TRANSPORTATION SHALL BE DESIGNATED AND
 SERVE EX-OFFICIO AS THE CHAIR OF THE BOARD UNTIL THE END OF THE TERM  OF
 THE  GOVERNOR  BY  WHOM  HE  OR  SHE  WAS APPOINTED AND UNTIL HIS OR HER
 SUCCESSOR IS APPOINTED AND HAS QUALIFIED. The  chairman  and  the  other
 members shall serve without ADDITIONAL salary or other compensation, but
 shall  be  entitled  to  reimbursement  for  their  actual and necessary
 expenses incurred in the performance of their official duties.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR  THE  PROVISIONS  OF
 ANY  APPOINTMENT  BY  THE  GOVERNOR, THE TERMS OF ALL MEMBERS SERVING AS
 SUCH AS OF MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, OR ON THE EFFECTIVE
 DATE OF THIS PARAGRAPH,  WHICHEVER  DATE  IS  LATER,  SHALL  IMMEDIATELY
 TERMINATE,  EXCEPT THAT SUCH MEMBERS SHALL CONTINUE TO SERVE UNTIL THEIR
 SUCCESSORS ARE APPOINTED AND HAVE QUALIFIED.
   (C) ANY MEMBER APPOINTED SHALL HAVE EXPERIENCE IN ONE OR MORE  OF  THE
 FOLLOWING  AREAS: TRANSPORTATION, BUSINESS MANAGEMENT, FINANCE, ACCOUNT-
 ING OR MANAGEMENT OF LARGE CAPITAL PROJECTS.
   (D) TWO MEMBERS OF THE BOARD APPOINTED ON OR AFTER  APRIL  FIRST,  TWO
 THOUSAND  FIFTEEN, SHALL BE APPOINTED TO TERMS OF THREE YEARS; TWO OTHER
 MEMBERS OF THE BOARD SHALL BE APPOINTED TO TERMS OF FOUR YEARS; AND  TWO
 MEMBERS  OF  THE  BOARD  SHALL  BE  APPOINTED  TO  TERMS  OF FIVE YEARS,
 PROVIDED, HOWEVER, THAT SUCH MEMBERS SHALL CONTINUE TO SERVE  AFTER  THE
 END  OF THEIR TERMS UNTIL THEIR SUCCESSORS ARE APPOINTED AND HAVE QUALI-
 FIED, AND PROVIDED FURTHER THAT NOTWITHSTANDING THE TERM  TO  WHICH  ANY
 SUCH MEMBER SHALL HAVE BEEN APPOINTED SUCH A CONTINUATION OF THE TERM OF
 A MEMBER SHALL NOT REQUIRE CONFIRMATION BY THE SENATE.
   §  4.  Section 11 of the transportation law, as amended by chapter 460
 of the laws of 1971, is amended to read as follows:
   § 11. Department of transportation; commissioner. There  shall  be  in
 the  state  government  a department of transportation.  The head of the
 department shall be the commissioner of  transportation,  who  shall  be
 appointed  by  the  governor,  by and with the advice and consent of the
 senate, and hold office until the end of the term  of  the  governor  by
 whom he was appointed and until his successor is appointed and has qual-
 ified.
   The  commissioner  of  transportation  shall  have  sole charge of the
 administration of the department AND THE NEW YORK STATE THRUWAY AUTHORI-
 TY ESTABLISHED PURSUANT TO TITLE NINE  OF  ARTICLE  TWO  OF  THE  PUBLIC
 AUTHORITIES  LAW.  THE  COMMISSIONER  OF TRANSPORTATION SHALL SERVE AS A
 MEMBER AND CHAIR OF THE THRUWAY AUTHORITY BOARD ESTABLISHED PURSUANT  TO
 SECTION THREE HUNDRED FIFTY-TWO OF THE PUBLIC AUTHORITIES LAW.
   §  5.  The transportation law is amended by adding a new section 23 to
 read as follows:
   § 23. NEW YORK STATE THRUWAY AUTHORITY ADMINISTRATION  AND  OVERSIGHT.
 1.  THE  COMMISSIONER SHALL  ESTABLISH A PLAN TO MERGE THE OPERATIONS OF
 THE THRUWAY AUTHORITY  WITH  THAT  OF  THE  DEPARTMENT  AND  CONSOLIDATE
 SERVICES  WHERE  APPROPRIATE, PROVIDED THAT NO EMPLOYEE OF THE AUTHORITY
 OR THE DEPARTMENT SHALL BE TERMINATED AS A CONSEQUENCE  OF  THE  MERGER.
 THE  COMMISSIONER  SHALL SUBMIT A REPORT TO THE GOVERNOR AND LEGISLATURE
 WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE  OF  THIS  SECTION.
 THE  REPORT SHALL BE SUBMITTED TO THE TEMPORARY PRESIDENT OF THE SENATE,
 THE SPEAKER OF THE ASSEMBLY, THE MINORITY  LEADER  OF  THE  SENATE,  THE
 MINORITY  LEADER  OF THE ASSEMBLY, THE CHAIR AND RANKING MINORITY MEMBER
 OF THE SENATE FINANCE COMMITTEE, THE CHAIR AND RANKING  MINORITY  MEMBER

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 OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIRS AND RANKING MINORI-
 TY  MEMBERS  OF  THE  SENATE  AND ASSEMBLY CORPORATIONS, AUTHORITIES AND
 COMMISSIONS COMMITTEES, AND THE CHAIRS AND RANKING MINORITY  MEMBERS  OF
 THE SENATE AND ASSEMBLY TRANSPORTATION COMMITTEES.
   2. (A) THE COMMISSIONER SHALL, WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
 OF  THIS  SECTION,  AND  EVERY  THREE  YEARS THEREAFTER, CONTRACT WITH A
 CERTIFIED PUBLIC ACCOUNTING FIRM FOR THE PROVISION  OF  AN  INDEPENDENT,
 COMPREHENSIVE, FORENSIC AUDIT OF THE THRUWAY AUTHORITY. SUCH AUDIT SHALL
 BE  PERFORMED  IN ACCORDANCE WITH GENERALLY ACCEPTED GOVERNMENT AUDITING
 STANDARDS.
   (B) THE CERTIFIED INDEPENDENT PUBLIC  ACCOUNTING  FIRM  PROVIDING  THE
 INDEPENDENT,  COMPREHENSIVE,  FORENSIC  AUDIT  OF  THE THRUWAY AUTHORITY
 SHALL BE PROHIBITED FROM PROVIDING AUDIT SERVICES IF THE LEAD OR COORDI-
 NATING AUDIT PARTNER, HAVING PRIMARY RESPONSIBILITY FOR  THE  AUDIT,  OR
 THE  AUDIT  PARTNER  RESPONSIBLE  FOR REVIEWING THE AUDIT, HAS PERFORMED
 AUDIT SERVICES FOR THE AUTHORITY WITHIN ANY OF THE TEN  PREVIOUS  FISCAL
 YEARS OF THE AUTHORITY.
   (C)  THE  CERTIFIED  INDEPENDENT  ACCOUNTING FIRM PERFORMING THE AUDIT
 PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM PERFORMING ANY NON-AU-
 DIT SERVICES FOR THE AUTHORITY CONTEMPORANEOUSLY WITH THE AUDIT.
   (D) IT SHALL  BE  PROHIBITED  FOR  THE  CERTIFIED  INDEPENDENT  PUBLIC
 ACCOUNTING  FIRM  TO  PERFORM  ANY  AUDIT SERVICE IF THE CHIEF EXECUTIVE
 OFFICER, COMPTROLLER, CHIEF FINANCIAL OFFICER, CHIEF ACCOUNTING  OFFICER
 OR  ANY  OTHER PERSON SERVING IN AN EQUIVALENT POSITION IN THE AUTHORITY
 WAS AN EMPLOYEE, CONSULTANT OR INDEPENDENT CONTRACTOR OF THAT  CERTIFIED
 INDEPENDENT  PUBLIC  ACCOUNTING FIRM AND PARTICIPATED IN ANY CAPACITY IN
 THE AUDIT OF THE AUTHORITY AT ANY TIME IN THE PAST.
   (E) THE CERTIFIED INDEPENDENT PUBLIC  ACCOUNTING  FIRM  CONTRACTED  TO
 PERFORM  THE  INDEPENDENT,  COMPREHENSIVE, FORENSIC AUDIT OF THE THRUWAY
 AUTHORITY SHALL, WITHIN ONE YEAR OF  THE  INITIATION  OF  THE  CONTRACT,
 REPORT  ITS  FINDINGS,  CONCLUSIONS AND RECOMMENDATIONS TO THE GOVERNOR,
 THE STATE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAK-
 ER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE  SENATE,  THE  MINORITY
 LEADER  OF  THE  ASSEMBLY,  THE CHAIR AND RANKING MINORITY MEMBER OF THE
 SENATE FINANCE COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER  OF  THE
 ASSEMBLY  WAYS  AND  MEANS  COMMITTEE,  THE  CHAIRS AND RANKING MINORITY
 MEMBERS OF THE SENATE AND THE  ASSEMBLY  CORPORATIONS,  AUTHORITIES  AND
 COMMISSIONS  COMMITTEES,  AND THE CHAIRS AND RANKING MINORITY MEMBERS OF
 THE SENATE AND THE ASSEMBLY TRANSPORTATION COMMITTEES.
   § 6. Section 360 of the public authorities law, as amended by  section
 8  of  part  TT of chapter 54 of the laws of 2016, is amended to read as
 follows:
   § 360. Operation and maintenance. Operation  and  maintenance  by  the
 authority of any thruway section or connection or any part thereof or of
 a  highway  connection  of  which  it  has assumed jurisdiction shall be
 performed (a) by the use  of  authority  forces  and  equipment  at  the
 expense  of the authority or by agreement at the expense of the state or
 other parties;  (b)  by  contract  with  municipalities  or  independent
 contractors;  (c) at the request of the [authority] COMMISSIONER, by the
 [commissioner and his subordinates in the department  of  transportation
 as agents for,] AUTHORITY and at the expense of the authority, or (d) by
 a combination of such methods.
   §  7. Section 363 of the public authorities law, as amended by chapter
 766 of the laws of 1992, is amended to read as follows:
   § 363. Annual report. The authority shall submit to the  governor,  to
 the  [legislature,  to] SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT

 A. 5695                             4
 
 OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE MINORITY LEADER OF
 THE ASSEMBLY, THE SENATE FINANCE COMMITTEE, THE ASSEMBLY WAYS AND  MEANS
 COMMITTEE,  the  comptroller  and  to  the  director of the budget on or
 before  the first day of February of each year a detailed report setting
 forth its [operations and]  fiscal  transactions  during  the  preceding
 calendar  year with a statement of its financial condition as of the end
 of such year and a statement of all  receipts  and  expenditures  during
 such  year.  Such  report shall include detailed information relating to
 additional expenditures incurred by the authority as  a  result  of  the
 amendments  made to subdivision four of section three hundred fifty-nine
 of this [chapter] TITLE pursuant to the chapter of the laws of  nineteen
 hundred ninety-two which enacted this sentence.
   §  8.  Section 14 of the transportation law is amended by adding a new
 subdivision 13-a to read as follows:
   13-A. AS PART OF THE DEPARTMENT'S ANNUAL BUDGET  REQUEST,  TO  INCLUDE
 ANY  REQUESTS FOR THRUWAY AUTHORITY TOLL INCREASES AND JUSTIFICATION FOR
 SUCH INCREASES.
   § 9. This act shall take effect immediately.