Bill Text: NY A02196 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates 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 (Part A); relates to establishing the big apple transit authority within the New York city transit authority (Part B); relates to establishing the big apple transit authority; repeals provisions relating thereto (Part C); relates to establishing the big apple transit authority (Part D); relates to establishing the commuter transportation authority (Part E).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A02196 Detail]
Download: New_York-2023-A02196-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2196 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. CARROLL -- read once and referred to the Commit- tee 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. LBD01134-01-3A. 2196 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-10bus, marine and aviation facilities and operations pursuant to joint11service arrangements.123.] "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 and29expenses for any given fiscal year based on the existing fare structure.308. "Gap-closing initiative" shall mean any action to reduce a project-31ed gap.329.] 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. 2196 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. 2196 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 subdivision18fifteen of section twelve hundred of this article.1924. "Utilization" shall mean public usage of the subway, bus, railroad20and paratransit services, and bridge and tunnel crossings, of the21authority and its affiliates and subsidiaries as reflected in empirical22data.] 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 chapter. 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 shall ensure that at every meeting of the board 49 and at every meeting of each committee the public shall be allotted a 50 period of time, not less than thirty minutes, to speak on any topic on 51 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 shall not participate in 55 establishing authority policies regarding the payment of salary, compen- 56 sation and reimbursement to, nor establish rules for the time andA. 2196 5 1 attendance of, the chief executive officer. The salary of the chairman, 2 as determined pursuant to subdivision two of this section, shall also be 3 compensation for all services performed as chief executive officer. 4 § 5. Subdivision 1 of section 1264 of the public authorities law, as 5 amended by section 1 of part H of chapter 58 of the laws of 2022, is 6 amended to read as follows: 7 1. The purposes of the authority shall be the [continuance, further8development and improvement of commuter transportation and other9services related thereto within the metropolitan commuter transportation10district, including but not limited to such transportation by railroad,11omnibus, marine and air, in accordance with the provisions of this12title. It shall be the further purpose of the authority, consistent with13its status as the ex officio board of both the New York city transit14authority and the triborough bridge and tunnel authority, to develop and15implement a unified mass transportation policy for such district in an16efficient and cost-effective manner that includes the use of design-17build contracting on all projects over two hundred million dollars in18cost for new construction and all projects over four hundred million19dollars in cost for projects that are predominantly rehabilitation or20replacement of existing assets except where a waiver is granted by the21New York state budget director pursuant to a request in writing from the22metropolitan transportation authority. For purposes of granting a waiver23pursuant to this section, such review shall consider whether the design24build contracting method is appropriate for the project that such waiver25is sought for, and the amount of savings and efficiencies that could be26achieved using such method. The determination for such waiver shall be27made in writing within forty-five days from request or shall be deemed28granted.] payment of debt interest and principal, and the fulfillment of 29 all terms, covenants, and other obligations entered into with the hold- 30 ers of said debt. 31 § 6. Section 1264-a of the public authorities law is REPEALED. 32 § 7. Subdivisions 3, 10 and 11 of section 1265 of the public authori- 33 ties law are REPEALED. 34 § 8. Subdivision 6 of section 1265 of the public authorities law, as 35 amended by chapter 988 of the laws of 1984, is amended to read as 36 follows: 37 6. [(a)] To enter into contracts and leases and to execute all instru- 38 ments necessary or convenient; 39 [(b) With respect to any lease transaction entered into pursuant to40section 168 (f) (8) of the United States internal revenue code or any41successor provisions, the authority shall meet the following standards42and procedures:43(i) notice of intention to negotiate shall be published in at least44one newspaper of general circulation, and a copy thereof shall be mailed45to all parties who have requested notification from the authority to46engage in transactions of this type. Such notice shall describe the47nature of the proposed transaction and the factors subject to negoti-48ation, which shall include, but not be limited to, the price to be paid49to the authority;50(ii) the authority shall negotiate with those respondents whose51response complies with the requirements set forth in the notice;52(iii) the board of the authority shall resolve on the basis of parti-53cularized findings relevant to the factors negotiated that such trans-54action will provide maximum available financial benefits, consistent55with other defined objectives and requirements.A. 2196 6 1(c) The authority shall provide to the governor, the temporary presi-2dent of the senate, the speaker of the assembly, the minority leader of3the senate and the minority leader of the assembly, notice of each lease4entered into pursuant to paragraph (b) of this subdivision and support-5ing 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 force8and effect with respect to any lease transaction entered into pursuant9to a commitment approved prior to January first, nineteen hundred eight-10y-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 chapter 19 460 of the laws of 2015, subdivision 5 as amended by section 8 of part H 20 of chapter 25 of the laws of 2009, the opening paragraph of subdivision 21 5 as amended by chapter 506 of the laws of 2009, subdivision 9 as added 22 by chapter 717 of the laws of 1967, the opening paragraph of subdivision 23 9 as separately amended by chapters 657 and 789 of the laws of 1973, 24 paragraphs (a), (b), (c) and (d) of subdivision 9 as relettered by chap- 25 ter 789 of the laws of 1973, paragraph (b) of subdivision 9 as amended 26 by chapter 420 of the laws of 1968, subdivision 12-a as added by section 27 2 of part VVV of chapter 58 of the laws of 2020, subdivision 13 as added 28 by chapter 530 of the laws of 1986, subdivision 14 as amended by chapter 29 182 of the laws of 2013, subdivision 15 as added by chapter 523 of the 30 laws of 1999, subdivision 16 as amended by chapter 25 of the laws of 31 2000, subdivision 18 as amended by chapter 607 of the laws of 2003 and 32 subdivision 19 as added by chapter 261 of the laws of 2021, is amended 33 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,37contract or lease, any transportation facility other than a transit38facility or, subject to subdivision two of this section or any transpor-39tation facility constituting a transit facility, wholly or partially40within the metropolitan commuter transportation district, or any part41thereof, or the use thereof, and may enter into any joint service42arrangements as hereinafter provided. Any such acquisition or joint43service arrangement shall be authorized only by resolution of the44authority approved by not less than a majority vote of the whole number45of members of the authority then in office, except that in the event of46a tie vote the chairman shall cast one additional vote.472. The authority may on such terms and conditions as the authority may48determine necessary, convenient or desirable itself plan, design,49acquire, establish, construct, effectuate, operate, maintain, renovate,50improve, extend, rehabilitate or repair (a) any transportation facility51other than a transit project, or (b) upon the request of the New York52city transit authority, and upon such terms and conditions as shall be53agreed to by the authority or any transportation facility constituting a54transit facility (a "transportation assistance project"), or may provide55for such planning, design, acquisition, establishment, construction,56effectuation, operation, maintenance, renovation, improvement, exten-A. 2196 7 1sion, rehabilitation or repair by contract, lease or other arrangement2on such terms as the authority may deem necessary, convenient or desira-3ble with any person, including but not limited to any common carrier or4freight forwarder, the state, any state agency, the federal government,5any other state or agency or instrumentality thereof, any public author-6ity of this or any other state, the port of New York authority or any7political subdivision or municipality of the state. In connection with8the operation of any transportation facility, the authority may plan,9design, acquire, establish, construct, effectuate, operate, maintain,10renovate, improve, extend or repair or may provide by contract, lease or11other arrangement for the planning, design, acquisition, establishment,12construction, effectuation, operation, maintenance, renovation, improve-13ment, extension or repair of any related services and activities it14deems necessary, convenient or desirable, including but not limited to15the transportation and storage of freight and the United States mail,16feeder and connecting transportation, parking areas, transportation17centers, stations and related facilities. Upon the completion of any18such transportation assistance project or any part thereof or the termi-19nation of any contract, lease or other arrangement relating to such20transportation assistance project, the authority shall cause the same to21be transferred, leased or subleased to the New York city transit author-22ity or its designated subsidiary, as appropriate, with or without23consideration.243.] (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 theA. 2196 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 having one additional vote in the event of a 14 tie vote, and only after a public hearing, provided however, that fares, 15 tolls, rentals, rates, charges or other fees for the transportation of 16 passengers on any transportation facility which are in effect at the 17 time that the then owner of such transportation facility becomes a 18 subsidiary corporation of the authority or at the time that operation of 19 such transportation facility is commenced by the authority or is 20 commenced under contract, lease or other arrangement, including joint 21 service arrangements, with the authority may be continued in effect 22 without such a hearing. [Such fares, tolls, rentals, rates, charges and23other fees shall be established as may in the judgment of the authority24be necessary to maintain the combined operations of the authority and25its subsidiary corporations on a self-sustaining basis. The said oper-26ations shall be deemed to be on a self-sustaining basis as required by27this title, when the authority is able to pay or cause to be paid from28revenue and any other funds or property actually available to the29authority and its subsidiary corporations (a) as the same shall become30due, the principal of and interest on the bonds and notes and other31obligations of the authority and of such subsidiary corporations,32together with the maintenance of proper reserves therefor, (b) the cost33and expense of keeping the properties and assets of the authority and34its subsidiary corporations in good condition and repair, and (c) the35capital and operating expenses of the authority and its subsidiary36corporations.] 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-45ment a unified mass transportation policy for the metropolitan commuter46transportation district and the exercise of its powers, including the47power to issue notes, bonds and other obligations secured in whole or in48part by the revenues of the authority and its subsidiaries, and New York49city transit authority and its subsidiaries, the authority shall join50with the New York city transit authority and its subsidiaries in51connection with any change in the establishment, levy and collection of52fares, tolls, rentals, rates, charges and other fees for the transporta-53tion of passengers on any transportation facilities operated by New York54city transit authority and its subsidiaries. Such fares, tolls, rentals,55charges and other fees on transit facilities shall be established inA. 2196 9 1accordance with the requirements of sections twelve hundred five and2twelve hundred seven-i of this article.34. The authority may establish and, in the case of joint service4arrangements, join with others in the establishment of such schedules5and standards of operations and such other rules and regulations includ-6ing but not limited to rules and regulations governing the conduct and7safety of the public as it may deem necessary, convenient or desirable8for the use and operation of any transportation facility and related9services operated by the authority or under contract, lease or other10arrangement, including joint service arrangements, with the authority.11Such rules and regulations governing the conduct and safety of the12public shall be filed with the department of state in the manner13provided by section one hundred two of the executive law. In the case of14any conflict between any such rule or regulation of the authority15governing the conduct or the safety of the public and any local law,16ordinance, rule or regulation, such rule or regulation of the authority17shall prevail. Violation of any such rule or regulation of the authority18governing the conduct or the safety of the public in or upon any facili-19ty of the authority shall constitute an offense and shall be punishable20by a fine not exceeding fifty dollars or imprisonment for not more than21thirty days or both or may be punishable by the imposition of a civil22penalty by the transit adjudication bureau established pursuant to the23provisions of title nine of this article.245. The authority may acquire, hold, own, lease, establish, construct,25effectuate, operate, maintain, renovate, improve, extend or repair any26transportation facilities through, and cause any one or more of its27powers, duties, functions or activities to be exercised or performed by,28one or more wholly owned subsidiary corporations of the authority, or by29New York city transit authority or any of its subsidiary corporations in30the case of transit facilities and may transfer to or from any such31corporations any moneys, real property or other property for any of the32purposes of this title upon such terms and conditions as shall be agreed33to and subject to such payment or repayment obligations as are required34by law or by any agreement to which any of the affected entities is35subject. The directors or members of each such subsidiary corporation of36the authority corporation shall be the same persons holding the offices37of members of the authority. The chairman of the board of each such38subsidiary shall be the chairman of the authority, serving ex officio39and, provided that there is an executive director of the metropolitan40transportation authority, the executive director of such subsidiary41shall be the executive director of the metropolitan transportation42authority, serving ex officio. Notwithstanding any provision of law to43the contrary, the chairman shall be the chief executive officer of each44such subsidiary and shall be responsible for the discharge of the execu-45tive and administrative functions and powers of each such subsidiary.46The chairman and executive director, if any, shall be empowered to dele-47gate his or her functions and powers to one or more officers or employ-48ees of each such subsidiary designated by him or her. Each such subsid-49iary corporation of the authority and any of its property, functions and50activities shall have all of the privileges, immunities, tax exemptions51and other exemptions of the authority and of the authority's property,52functions and activities. Each such subsidiary corporation shall be53subject to the restrictions and limitations to which the authority may54be subject. Each such subsidiary corporation of the authority shall be55subject to suit in accordance with section twelve hundred seventy-six of56this title. The employees of any such subsidiary corporation, exceptA. 2196 10 1those who are also employees of the authority, shall not be deemed2employees of the authority.3If the authority shall determine that one or more of its subsidiary4corporations should be in the form of a public benefit corporation, it5shall create each such public benefit corporation by executing and6filing with the secretary of state a certificate of incorporation, which7may be amended from time to time by filing, which shall set forth the8name of such public benefit subsidiary corporation, its duration, the9location of its principal office, and any or all of the purposes of10acquiring, owning, leasing, establishing, constructing, effectuating,11operating, maintaining, renovating, improving, extending or repairing12one or more facilities of the authority. Each such public benefit13subsidiary corporation shall be a body politic and corporate and shall14have all those powers vested in the authority by the provisions of this15title which the authority shall determine to include in its certificate16of incorporation except the power to contract indebtedness.17Whenever any state, political subdivision, municipality, commission,18agency, officer, department, board, division or person is authorized and19empowered for any of the purposes of this title to co-operate and enter20into agreements with the authority such state, political subdivision,21municipality, commission, agency, officer, department, board, division22or person shall have the same authorization and power for any of such23purposes to co-operate and enter into agreements with a subsidiary24corporation of the authority.256. Each of the] 2. On a monthly basis, or more frequently if required 26 by law or agreement, the authority shall: 27 (a) pay: 28 (i) as the same shall become due, the principal of and interest on the 29 bonds and notes and other obligations of the authority, together with 30 the maintenance of proper reserves therefor; 31 (ii) the cost and expense of keeping the properties and assets of the 32 authority in good condition and repair; and 33 (iii) the operating expenses of the authority; 34 (b) make all other payments and transfers as required by law, includ- 35 ing those required by sections twelve hundred seventy-a, twelve hundred 36 seventy-b, twelve hundred seventy-c, former section twelve hundred 37 seventy-d, sections twelve hundred seventy-h, and twelve hundred seven- 38 ty-i of this title; and 39 (c) transfer all remaining funds, except those required to be held in 40 reserve by law, to the big apple transit authority and the commuter 41 transportation authority as follows: eighty percent of the funds shall 42 be transferred to the big apple transit authority and twenty percent of 43 the funds shall be transferred to the commuter transportation authority. 44 3. The authority [and its subsidiaries, and the New York city transit45authority and its subsidiaries, in its own name or in the name of the46state,] may apply for and receive and accept grants of property, money 47 and services and other assistance offered or made available to it by any 48 person, government or agency, which it may use to meet capital or oper- 49 ating expenses and for any other use within the scope of its powers, and 50 to negotiate for the same upon such terms and conditions as the respec- 51 tive authority may determine to be necessary, convenient or desirable. 52 [6-a.] 4. Subject to the rights of the holders of any outstanding 53 bonds, notes or other obligations of the authority, [New York city tran-54sit authority and Triborough bridge and tunnel authority] the big apple 55 transit authority and its affiliates, and the commuter transportation 56 authority, and to facilitate the efficient financial management of theA. 2196 11 1 authority, [its subsidiary corporations, New York city transit authority2and its subsidiary corporations, and Triborough bridge and tunnel3authority] the big apple transit authority and its affiliates, and the 4 commuter transportation authority, (the "affiliated entities"), the 5 authority may[, and may permit and direct any affiliated entity to,] 6 transfer revenues, subsidies and other monies or securities to one or 7 more funds or accounts of another affiliated entity for use by such 8 other affiliated entity, provided at the time of such transfer it is 9 reasonably anticipated that the monies and securities so transferred 10 will be reimbursed, repaid or otherwise provided for by the end of the 11 next succeeding calendar year if reimbursement or repayment is required 12 by law or by any agreement to which any of the affected affiliated enti- 13 ties is subject. Any revenues of an affiliated entity that are trans- 14 ferred to another affiliated entity, which transfer was not authorized 15 by a provision of law other than this subdivision, shall be considered 16 to be required to be repaid to the affiliated entity which was the 17 source of such revenues by the end of the next succeeding calendar year 18 following such transfer. 19 [7. The authority may lease railroad cars for use in its passenger20service pursuant to the provisions of chapter six hundred thirty-eight21of the laws of nineteen hundred fifty-nine.228. The authority may do all things it deems necessary, convenient or23desirable to manage, control and direct the maintenance and operation of24transportation facilities, equipment or real property operated by or25under contract, lease or other arrangement with the authority and its26subsidiaries, and New York city transit authority and its subsidiaries.27Except as hereinafter specially provided, no municipality or political28subdivision, including but not limited to a county, city, village, town29or school or other district shall have jurisdiction over any facilities30of the authority and its subsidiaries, and New York city transit author-31ity and its subsidiaries, or any of their activities or operations. The32local laws, resolutions, ordinances, rules and regulations of a munici-33pality or political subdivision, heretofore or hereafter adopted,34conflicting with this title or any rule or regulation of the authority35or its subsidiaries, or New York city transit authority or its subsid-36iaries, shall not be applicable to the activities or operations of the37authority and its subsidiaries, and New York city transit authority, or38the facilities of the authority and its subsidiaries, and New York city39transit authority and its subsidiaries, except such facilities that are40devoted to purposes other than transportation or transit purposes. Each41municipality or political subdivision, including but not limited to a42county, city, village, town or district in which any facilities of the43authority or its subsidiaries, or New York city transit authority or its44subsidiaries are located shall provide for such facilities police, fire45and health protection services of the same character and to the same46extent as those provided for residents of such municipality or political47subdivision.48The jurisdiction, supervision, powers and duties of the department of49transportation of the state under the transportation law shall not50extend to the authority in the exercise of any of its powers under this51title. The authority may agree with such department for the execution by52such department of any grade crossing elimination project or any grade53crossing separation reconstruction project along any railroad facility54operated by the authority or by one of its subsidiary corporations or55under contract, lease or other arrangement with the authority. Any such56project shall be executed as provided in article ten of the transporta-A. 2196 12 1tion law and the railroad law, respectively, and the costs of any such2project shall be borne as provided in such laws, except that the author-3ity's share of such costs shall be borne by the state.49. Upon approval by the commissioner of transportation of the state of5New York of detailed plans and specifications, which approval may be6based upon considerations of relative need and the timing of7construction, the authority is authorized to design, construct, main-8tain, operate, improve and reconstruct a highway bridge crossing Long9Island sound, as follows:10(a) Upon (i) the enactment by the state of Connecticut of legislation11having like effect as the provisions of this paragraph and the granting12of the consent of the congress of the United States of America to the13interstate compact thereby created, and (ii) in conformity with recom-14mendations of the New York-Connecticut bi-state bridge study commission,15the authority is authorized, in cooperation with any duly designated16agency or agencies of the state of Connecticut, to design, construct,17maintain, operate, improve and reconstruct a highway bridge crossing18Long Island sound from a point in the vicinity of the city of Bridgeport19in the state of Connecticut to a point in the vicinity of the village of20Port Jefferson in the state of New York, together with approaches to21such bridge; and to contract from time to time with such agency or agen-22cies of the state of Connecticut with respect to all matters affecting23these authorizations, including, without limitation, the sharing of all24capital, operational and maintenance expense (except that the capital25expense of the original construction of such bridge, other than the26expense of acquiring the needed real property, shall be in the ratio of27fifty per-centum for the authority and fifty per-centum for such agency28or agencies of the state of Connecticut), the manner and by whom the29work of design, construction, reconstruction, improvement, maintenance30and operation is to be performed or contracted to others for perform-31ance, the tolls, fees and other charges to be imposed from time to time32for the use of such bridge, and the sharing of revenues derived from the33imposition of such tolls, fees and charges (except that net revenues34remaining after deduction of operational and maintenance expense of such35bridge shall be in the ratio of fifty per-centum for the authority and36fifty per-centum for the state of Connecticut or for such agency or37agencies of the state of Connecticut. Subject to the limitations imposed38upon the authority by the provisions of the said contracts, that portion39of the said bridge and its approaches situate and lying within the40territorial boundaries of the state of New York shall be deemed a41"transportation facility" of the authority for all the purposes of this42title, but tolls, fees and other charges imposed for the use of such43bridge shall not be deemed to have been imposed "for the transportation44of passengers" within the intendment of subdivision three of this45section.46(b) If funds are made available by the authority for the payment of47the cost and expense of the acquisition thereof, the commissioner of48transportation of the state of New York, when requested by the authori-49ty, may acquire in the name of the state such real property lying within50the territorial boundaries of the state as may be determined from time51to time by the authority to be necessary, convenient or desirable to52carry out the authorizations set forth in paragraphs (a) and (b) of this53subdivision, may remove the owner or occupant thereof where necessary54and obtain possession and, when requested by the authority, may dispose55of any real property so acquired, all according to the procedure56provided in section thirty of the highway law. The authority shall haveA. 2196 13 1the right to possess and use for its corporate purposes all such real2property so acquired, all according to the procedure provided in section3thirty of the highway law. The authority shall have the right to possess4and use for its corporate purposes all such real property so acquired.5Claims for the value of the property appropriated and for legal damages6caused by any such appropriation shall be adjusted and determined by the7commissioner of transportation with the approval of the authority or by8the court of claims as provided in section thirty of the highway law.9When a claim has been filed with the court of claims, the claimant shall10cause a copy of such claim to be served upon the authority and the11authority shall have the right to be represented and heard before such12court. All awards and judgments arising from such claims shall be paid13out of moneys of the authority.14(c) The authority, acting independently or jointly or in cooperation15with such agency or agencies of the state of Connecticut, may also apply16for and accept, upon condition or otherwise, from the duly authorized17agencies of the federal government, and of the governments of the states18of Connecticut and New York, such underwater and overwater grants of19real property, licenses or permits as shall be necessary, convenient or20desirable to carry out the authorizations set forth in paragraphs (a)21and (b) of this subdivision.22(d) The provisions of chapter four hundred forty-two of the laws of23nineteen hundred sixty-five (and of any agreement entered into in24pursuance thereof) relating to the repayment of a loan made by the state25to the authority for the purchase of the Long Island railroad shall be26inapplicable to (i) the construction of such bridges and their27approaches, (ii) bonds, notes or other obligations of the authority28issued for or in connection with the financing of the cost of design,29construction and reconstruction of such bridges and their approaches, or30the proceeds realized upon such issuance; and (iii) revenues derived31from the investment of such proceeds or of any part thereof, and from32the imposition of tolls, fees or other charges for the use of such33bridges.3410.] 5. Notwithstanding the provisions of any other law, general, 35 special or local, or of any agreement entered into in pursuance thereof, 36 relating to the repayment of any loan or advance made by the state to 37 the authority or to the New York city transit authority, neither the 38 authority nor the New York city transit authority shall be required to 39 repay any such loan or advance heretofore made from or by reason of the 40 issuance of bonds or notes of either of them or from the proceeds real- 41 ized upon such issuance or from any other funds received by either of 42 them from any source whatever in aid or assistance of the project or 43 projects for the financing of which such bonds or notes are issued. 44 [11. No project to be constructed upon real property theretofore used45for a transportation purpose, or on an insubstantial addition to such46property contiguous thereto, which will not change in a material respect47the general character of such prior transportation use, nor any acts or48activities in connection with such project, shall be subject to the49provisions of article eight, nineteen, twenty-four or twenty-five of the50environmental conservation law, or to any local law or ordinance adopted51pursuant to any such article. Nor shall any acts or activities taken or52proposed to be taken by the authority or by any other person or entity,53public or private, in connection with the planning, design, acquisition,54improvement, construction, reconstruction or rehabilitation of a trans-55portation facility, other than a marine or aviation facility, be subject56to the provisions of article eight of the environmental conservationA. 2196 14 1law, or to any local law or ordinance adopted pursuant to any such arti-2cle if such acts or activities require the preparation of a statement3under or pursuant to any federal law or regulation as to the environ-4mental impact thereof.512. The authority may, upon suitable notice to and an offer to consult6with an officer designated by the city of New York, occupy the streets7of the city of New York for the purpose of doing any work over or under8the same in connection with the improvement, construction, recon-9struction or rehabilitation of a transportation facility without the10consent of or payment to such city.1112-a.] 6. (a) Whenever the authority determines in consultation with 12 the city of New York that it is necessary to obtain the temporary or 13 permanent use, occupancy, control or possession of vacant or undeveloped 14 or underutilized but replaceable real property, or any interest therein, 15 or subsurface real property or any interest therein then owned by the 16 city of New York for a project in the two thousand fifteen to two thou- 17 sand nineteen or the two thousand twenty to two thousand twenty-four 18 approved capital programs to (i) install one or more elevators to make 19 one or more subway stations more accessible, (ii) construct or recon- 20 struct an electrical substation to increase available power to the 21 subway system to expand passenger capacity or reliability, or (iii) in 22 connection with the capital project to construct four commuter railroad 23 passengers stations in the borough of the Bronx known as Penn Station 24 access, the authority upon approval by the board of the metropolitan 25 transportation authority and upon suitable notice and with the consent 26 of the city of New York may cause the title to such real property, or 27 any interest therein, to be transferred to the authority by adding it to 28 the agreement of lease dated June first, nineteen hundred fifty-three, 29 as amended, renewed and supplemented, authorized by section twelve 30 hundred three of this article, or may itself acquire title to such prop- 31 erty from the city of New York, and any such transfer or acquisition of 32 real property shall be subject to the provisions of subdivision five of 33 former section twelve hundred sixty-six-c of this title. Nothing in this 34 subdivision shall be deemed to authorize any temporary or permanent 35 transfer or acquisition of real property, or interest therein, that is 36 dedicated parkland without separate legislative approval of such alien- 37 ation. 38 (b) (i) Upon the execution of any transfer or acquisition pursuant to 39 this subdivision, which shall be final upon the approval by the board of 40 the metropolitan transportation authority and consent of the city of New 41 York, the fair market value shall be determined pursuant to this para- 42 graph. The authority shall make a written offer to pay to the city of 43 New York the fair market value of the authority's use, occupancy, 44 control, possession or acquisition of such property. The offer by the 45 authority shall be based on an appraisal of the value of such property 46 and a copy of such appraisal shall be included with the offer. Such 47 appraisal shall be done by an independent New York state licensed or 48 certified appraiser, who may not be employed by the authority, selected 49 at random from a panel of appraisers maintained by it for such purpose. 50 Such appraisal and a second appraisal, if required pursuant to subpara- 51 graph (ii) of this paragraph, shall consider only the reasonably antic- 52 ipated lawful use of the property and its zoning designation under the 53 zoning resolution of the city of New York at the time the authority 54 notified the city of New York of its determination to use, occupy, 55 control, possess or acquire such property.A. 2196 15 1 (ii) Within thirty days of receipt of the offer by the authority, the 2 city of New York may accept it, agree with the authority on another 3 amount, or request a second appraisal by an independent New York state 4 licensed or certified appraiser, who may not be employed by the city of 5 New York, selected at random by the city of New York from a panel of 6 appraisers maintained by it for such purpose. Such second appraisal 7 shall be completed within thirty days. If the second appraisal produces 8 an estimate of the fair market value of the property that is greater 9 than that of the first appraisal, the authority shall have ten days to 10 increase its offer to such higher amount, otherwise the two appraisers 11 shall reconcile their valuations and agree on a final valuation within 12 ten days, which shall be an amount not less than the first appraisal nor 13 greater than the second appraisal. 14 [(c) Nothing in this subdivision shall be construed to affect or limit15the authority's power under subdivision twelve of this section.1613. The authority and each of its subsidiary corporations shall place17on each transformer and substation which contains polychlorinated biphe-18nyls (PCBs) a symbol so indicating the presence of PCBs. Use of a PCB19mark illustrated in the rules and regulations promulgated pursuant to20the federal Toxic Substances Control Act shall constitute compliance21with the provisions of this subdivision.2214. Notwithstanding any other provisions of law or the terms of any23contract, the authority, in consultation with the Long Island Rail Road,24shall establish and implement a no fare program for transportation on25the Long Island Rail Road for police officers employed by the city of26New York, county of Nassau, Nassau county villages and cities, county of27Suffolk, Suffolk county villages and towns, the division of state28police, the port authority of New York and New Jersey, the Metro-North29Commuter Railroad Company, the New York city housing authority and the30New York city transit authority. In establishing such program, which has31as its goal increased protection and improved safety for its commuters,32the authority and the Long Island Rail Road shall, among other things,33consider: (a) requiring police officers who ride without cost to regis-34ter with the Long Island Rail Road as a condition of riding without35cost; (b) requiring such officers to indicate during such registration36process their regular working hours and the Long Island Rail Road trains37that such officers expect to ride; and (c) periodically re-registering38and re-validating such officers. The authority and the Long Island Rail39Road shall also have the power to consider other matters necessary to40carry out the goals and objectives of this section.4115. (a) Notwithstanding any other provisions of law or the terms of42any contract, the authority, in consultation with the New York city43transit authority, the Long Island Rail Road and the Metro-North Commu-44ter Railroad Company, shall establish and implement a no fare program45for transportation on New York city transit authority systems, the Long46Island Rail Road and the Metro-North Commuter Railroad Company for indi-47viduals serving as personal care attendants accompanying an Americans48With Disabilities Act paratransit eligible individual.49(b) In order to be eligible for such no fare program the personal care50attendant must show his or her community based personal care attendant51agency issued identification card.52(c) In order to be considered accompanying an Americans With Disabili-53ties Act paratransit eligible individual the personal care attendant54shall have the same origin and destination as such paratransit eligible55individual.A. 2196 16 116. Notwithstanding any other provision of law, the authority and any2of its subsidiary corporations shall establish and implement a half fare3rate program for persons with serious mental illness who are eligible to4receive supplemental security income benefits as defined pursuant to5title sixteen of the federal social security act and section two hundred6nine of the social services law.717. Notwithstanding any conflicting provisions of general, special or8local law, and pursuant to the authority's 2000-2004 capital program9plans approved by the metropolitan transportation authority capital10program review board, the authority or any of its subsidiaries, the New11York city transit authority or any of its subsidiaries, or Triborough12bridge and tunnel authority, shall provide, from funds identified in13such approved 2000-2004 capital program plans, up to twelve million14dollars for the financing of a bus and heavy duty vehicles emission15research and testing facility and related equipment located in the state16of New York, whether within or outside of the transportation district,17which facility shall be operated by the department of environmental18conservation and shall be available for use on a non-exclusive basis by19the authority and any of its subsidiaries, the New York city transit20authority and any of its subsidiaries, and Triborough bridge and tunnel21authority.2218. The authority shall conduct a campaign of public outreach to23inform the public of the provisions pertaining to assault on employees24described in subdivision eleven of section 120.05 of the penal law.2519.] 7. In connection with their lawful responsibilities or functions, 26 the authority and its subsidiaries, including Metro-North Commuter Rail- 27 road, the Long Island Rail Road, MTA bus and the Staten Island rapid 28 transit operating authority, the Triborough bridge and tunnel authority, 29 and the New York city transit authority and its subsidiary the Manhattan 30 and Bronx surface transit operating authority, are authorized to 31 request, receive and review criminal history information through the 32 division of criminal justice services with respect to any person apply- 33 ing for a safety sensitive position. When requested, such applicant 34 shall submit to the authority or the requesting affiliate or subsidiary 35 his or her fingerprints in such form and in such manner as specified by 36 the division, for the purpose of conducting a criminal history search 37 identifying criminal convictions and pending criminal charges and 38 returning a report thereon in accordance with the procedures and 39 requirements established by the division pursuant to the provisions of 40 article thirty-five of the executive law, which shall include the 41 payment of the reasonable prescribed processing fee for the cost of the 42 division's full search and retention procedures and a national criminal 43 history record check. The authority or requesting affiliate or subsid- 44 iary shall submit such fingerprints and the processing fee to the divi- 45 sion. The division shall forward to the authority or the requesting 46 affiliate or subsidiary a report with respect to the applicant's previ- 47 ous criminal history, if any, or a statement that the applicant has no 48 previous criminal history according to its files. Fingerprints submitted 49 to the division pursuant to this subdivision may also be submitted to 50 the federal bureau of investigation for a national criminal history 51 record check. If additional copies of fingerprints are required, the 52 applicant shall furnish them upon request. Upon receipt of such criminal 53 history information, the authority or the requesting affiliate or 54 subsidiary shall provide such applicant with a copy of such criminal 55 history information, together with a copy of article twenty-three-A of 56 the correction law, and inform such applicant of his or her right toA. 2196 17 1 seek correction of any incorrect information contained in such criminal 2 history information pursuant to regulations and procedures established 3 by the division of criminal justice services. The authority or the 4 requesting affiliate or subsidiary shall ensure that adequate notice be 5 provided to such applicant regarding the fact that state and national 6 criminal history record checks may be conducted. This provision shall 7 not preclude or alter the process by which a municipal civil service 8 commission obtains and provides background information pursuant to 9 subdivision four of section fifty of the civil service law relating to 10 applicants for civil service appointments at the New York city transit 11 authority and the Triborough bridge and tunnel authority. 12 § 12. Section 1266-a of the public authorities law is REPEALED. 13 § 13. Section 1266-b of the public authorities law is REPEALED. 14 § 14. Section 1266-c of the public authorities law is REPEALED. 15 § 15. Section 1266-d of the public authorities law is REPEALED. 16 § 16. Section 1266-e of the public authorities law is REPEALED. 17 § 17. Section 1266-f of the public authorities law is REPEALED. 18 § 18. Section 1266-g of the public authorities law is REPEALED. 19 § 19. Section 1266-h of the public authorities law is REPEALED and a 20 new section 1266-h is added to read as follows: 21 § 1266-h. Transfer of employees. 1. In order to assist the big apple 22 transportation authority and the commuter transportation authority in 23 carrying out their powers and responsibilities, the authority shall 24 develop and complete a personnel reorganization plan to transfer its 25 employees to the big apple transportation authority and the commuter 26 transportation authority to perform any operation or function subject 27 only to a determination that they are substantially similar to any oper- 28 ation or function currently performed. Substantially similar operation 29 or function shall be determined by the authority receiving the employ- 30 ees. 31 2. Such assignment, transfer, sharing, or consolidation pursuant to 32 this section shall occur only if approved by resolution of the boards of 33 the authority, the big apple transportation authority, and the commuter 34 transportation authority, adopted by not less than a majority vote of 35 the whole number of members of the authority then in office, with the 36 chairman having one additional vote in the event of a tie vote. 37 3. Nothing set forth in this section shall be construed to impede, 38 infringe or diminish the rights and benefits that accrue to employees 39 and employers through collective bargaining agreements, or impact or 40 change an employee's membership in a bargaining unit. 41 4. A transferred employee who is a member or beneficiary of any exist- 42 ing pension or retirement system shall continue to have the rights, 43 privileges, obligations and status with respect to such system or 44 systems as if they had continued in their employment with the authority. 45 5. Pursuant to this section, any such assigning, transferring, shar- 46 ing, or consolidating of powers, duties, functions or activities shall 47 not be authorized where it would impair any rights and remedies of any 48 holders of notes, bonds or other obligations issued by the authority, 49 its subsidiaries, or affiliates or their subsidiaries. 50 6. Such transfers shall be subject to section seventy of the civil 51 service law; or, where not subject to civil service, the provisions of 52 such section seventy shall be deemed applicable, except where the 53 context clearly requires otherwise. Any such employee who, at the time 54 of such transfer, has a temporary or provisional appointment shall be 55 transferred subject to the same right of removal, examination or termi-A. 2196 18 1 nation as though such transfer had not been made except to the extent 2 such rights are modified by a collective bargaining agreement. 3 7. A transferred employee shall remain in the same collective bargain- 4 ing unit as was the case prior to his or her transfer; successor employ- 5 ees to the positions held by such transferred employees shall, consist- 6 ent with the provisions of article fourteen of the civil service law, be 7 included in the same unit as their predecessors. Employees, other than 8 managerial or confidential persons (as defined in article fourteen of 9 the civil service law), serving in positions in newly created titles 10 shall be assigned to the appropriate bargaining unit. Nothing contained 11 in this section shall be construed to affect: 12 (a) the rights of employees pursuant to a collective bargaining agree- 13 ment; 14 (b) the representational relationships among employee organizations or 15 the bargaining relationships between the state and an employee organiza- 16 tion; or 17 (c) existing law with respect to an application to the public employ- 18 ment relations board, provided, however, that the merger of such negoti- 19 ating units of employees shall be effected only with the consent of the 20 recognized and certified representatives of such units and of the 21 authority. 22 8. Notwithstanding the provisions of any other law to the contrary, 23 all lawful appointees holding positions which hereinbefore were subject 24 to the civil service law and are transferred to the authority shall 25 continue to hold their positions without further examination or quali- 26 fications. 27 § 20. Section 1266-i of the public authorities law is REPEALED. 28 § 21. Section 1266-j of the public authorities law is REPEALED. 29 § 22. Section 1266-k of the public authorities law is REPEALED. 30 § 23. Section 1267 of the public authorities law is REPEALED. 31 § 24. Section 1267-a of the public authorities law is REPEALED. 32 § 25. Section 1267-b of the public authorities law is REPEALED. 33 § 26. Section 1268 of the public authorities law is REPEALED. 34 § 27. Subdivisions 1-a and 12 of section 1269 of the public authori- 35 ties law are REPEALED. 36 § 28. Subdivisions 1, 3, 4, 6 and 9 of section 1269 of the public 37 authorities law, as amended by section 27 of part O of chapter 61 of the 38 laws of 2000, are amended to read as follows: 39 1. (a) The authority shall only have power [and is hereby authorized40from time to time] to issue its bonds, notes and other obligations in 41 such principal amount as[, in the opinion of the authority, shall be42necessary, convenient or desirable to effectuate any of its powers and43purposes, including to provide sufficient funds for achieving its44purposes, including the acquisition, establishment, construction, effec-45tuation, operation, maintenance, renovation, improvement, extension,46rehabilitation or repair of any transportation facility, the payment of47principal, redemption premium and interest on bonds, notes and other48obligations of the authority, establishment of reserves to secure such49bonds notes and other obligations, the provision of working capital and50all other expenditures of the authority and its subsidiary corporations,51and New York city transit authority and its subsidiary corporations52incident to and necessary or convenient to carry out their purposes and53powers] already authorized by the 2015-2019 capital program. Such 54 bonds, notes or other obligations may be issued for an individual trans- 55 portation facility or issued on a consolidated basis for such groups or 56 classes of facilities and projects as the authority in its discretionA. 2196 19 1 deems appropriate and be payable from and secured separately or on a 2 consolidated basis by, among other things, all or any portion of such 3 revenues and other monies and assets of the authority [and its subsid-4iary corporations, and New York city transit authority and its subsid-5iary corporations as the authority determines in accordance with the6provisions of section twelve hundred seventy-d of this title]; 7 (b) [The authority shall have power, from time to time, to issue8renewal notes, to issue bonds to refund, redeem or otherwise pay,9including by purchase or tender, notes of the authority and its subsid-10iary corporations, and New York city transit authority and its subsid-11iary corporations and whenever it deems refunding, redemption or payment12expedient, to refund, redeem or otherwise pay, including by purchase or13tender, any bonds of the authority and its subsidiary corporations, New14York city transit authority and its subsidiary corporations and Tribor-15ough bridge and tunnel authority by the issuance of new bonds, whether16the bonds to be refunded, redeemed or otherwise paid have or have not17matured, and to issue bonds partly for such purpose and partly for any18other purpose and to otherwise refund, redeem, acquire by purchase or19tender, or in any other way repay any outstanding notes, bonds or other20obligations of the authority, any of its subsidiary corporations, New21York city transit authority, any of its subsidiary corporations and22Triborough bridge and tunnel authority;23(c)] Every issue of its notes, bonds or other obligations shall be 24 general obligations or special obligations. Every issue of general obli- 25 gations of the authority shall be payable out of any revenues or monies 26 of the authority, subject only to any agreements with the holders of 27 particular notes or bonds pledging any particular receipts or revenues. 28 Every issue of special obligations shall be payable out of any revenues, 29 receipts, monies or other assets of the authority [and its subsidiary30corporations, the New York city transit authority and its subsidiary31corporations and the Triborough bridge and tunnel authority] identified 32 for such purposes in accordance with agreements with the holders of 33 particular notes, bonds or other obligations. [The authority may issue34transportation revenue special obligation bonds, notes or other obli-35gations as provided in section twelve hundred seventy-d of this title]; 36 3. Any resolution or resolutions authorizing any notes, bonds or any 37 issue thereof, or any other obligations of the authority, may contain 38 provisions, which shall be a part of the contract with the holders ther- 39 eof, as to: 40 (a) pledging all or any part of the revenues of the authority [or of41any of its subsidiary corporations or New York city transit authority or42any of its subsidiary corporations or Triborough bridge and tunnel43authority] to secure the payment of the notes or bonds or of any issue 44 thereof, or any other obligations of the authority, subject to such 45 applicable agreements with bondholders, noteholders, or holders of other 46 obligations of the authority, [the New York city transit authority and47its subsidiary corporations, and Triborough bridge and tunnel authority] 48 the big apple transit authority and its affiliates, or the commuter 49 transportation authority as may then exist; 50 (b) [pledging all or any part of the assets of the authority or of any51of its subsidiary corporations or New York city transit authority or any52of its subsidiary corporations or Triborough bridge and tunnel authority53to secure the payment of the notes or bonds or of any issue of notes or54bonds, or any other obligations of the authority, subject to such agree-55ments with noteholders, bondholders, or holders of other obligations of56the authority, the New York city transit authority and its subsidiaryA. 2196 20 1corporations, and Triborough bridge and tunnel authority as may then2exist;3(c)] the use and disposition of revenues, including fares, tolls, 4 rentals, rates, charges and other fees, made or received by the authori- 5 ty, any of its subsidiary corporations, [New York city transit authority6or any of its subsidiary corporations, or Triborough bridge and tunnel7authority] the big apple transit authority and its affiliates, and the 8 commuter transportation authority; 9 [(d)] (c) the setting aside of reserves or sinking funds and the regu- 10 lation and disposition thereof; 11 [(e)] (d) limitations on the purpose to which the proceeds of sale of 12 notes, bonds or other obligations of the authority may be applied and 13 pledging such proceeds to secure the payment of the notes or bonds or of 14 any issue thereof or of other obligations; 15 [(f)] (e) limitations on the issuance of additional notes, bonds or 16 other obligations of the authority; the terms upon which additional 17 notes, bonds or other obligations of the authority may be issued and 18 secured; the refunding of outstanding or other notes, bonds or other 19 obligations of the authority; 20 [(g)] (f) the procedure, if any, by which the terms of any contract 21 with noteholders, bondholders, or holders of other obligations of the 22 authority, may be amended or abrogated, the amount of notes, bonds or 23 other obligations of the authority the holders of which must consent 24 thereto, and the manner in which such consent may be given; 25 [(h)] (g) limitations on the amount of monies to be expended by the 26 authority [or any of its subsidiary corporations or New York city trans-27it authority or any of its subsidiary corporations or Triborough bridge28and tunnel authority for operating, administrative or other expenses of29the authority or any of its subsidiary corporations or New York city30transit authority or any of its subsidiary corporations or Triborough31bridge and tunnel authority]; 32 [(i)] (h) vesting in a trustee or trustees such property, rights, 33 powers and duties in trust as the authority may determine, which may 34 include any or all of the rights, powers and duties of the trustee 35 appointed by the bondholders, noteholders or holders of other obli- 36 gations of the authority pursuant to this title, and limiting or abro- 37 gating the right of the bondholders, noteholders or holders of other 38 obligations of the authority to appoint a trustee under this article or 39 limiting the rights, powers and duties of such trustee; 40 [(j)] (i) any other matters, of like or different character, which in 41 any way affect the security or protection of the notes, bonds or other 42 obligations of the authority. 43 4. In addition to the powers herein conferred upon the authority to 44 secure its notes, bonds and other obligations, the authority shall have 45 power in connection with the issuance of notes, bonds and other obli- 46 gations to enter into such agreements as the authority may deem neces- 47 sary, convenient or desirable concerning the use or disposition of the 48 monies or property of [any of] the authority[, its subsidiary corpo-49rations, New York city transit authority, or any of its subsidiary50corporations, or Triborough bridge and tunnel authority], including the 51 mortgaging of any such property and the entrusting, pledging or creation 52 of any other security interest in any such monies or property and the 53 doing of any act (including refraining from doing any act) which the 54 authority would have the right to do in the absence of such agreements. 55 The authority shall have power to enter into amendments of any such 56 agreements within the powers granted to the authority by this title andA. 2196 21 1 to perform such agreements. The provisions of any such agreements may be 2 made a part of the contract with the holders of the notes, bonds and 3 other obligations of the authority. 4 6. Neither the members of the authority, [the New York city transit5authority or the Triborough bridge and tunnel authority] the big apple 6 transit authority or any of its affiliates, or the commuter transporta- 7 tion authority nor any person executing the notes, bonds or other obli- 8 gations shall be liable personally on the notes, bonds or other obli- 9 gations or be subject to any personal liability or accountability by 10 reason of the issuance thereof. 11 9. So long as the authority has outstanding any bonds, notes or other 12 obligations issued pursuant to this section or any bonds, notes or other 13 obligations issued or incurred pursuant to the former section twelve 14 hundred sixty-six-c of this title, none of the authority or any of its 15 subsidiary corporations, New York city transit authority or any of its 16 subsidiary corporations, or Triborough bridge and tunnel authority shall 17 have the authority to file a voluntary petition under chapter nine of 18 the federal bankruptcy code or such corresponding chapter, chapters or 19 sections as may, from time to time, be in effect, and neither any public 20 officer nor any organization, entity or other person shall authorize the 21 authority or any of its subsidiary corporations, New York city transit 22 authority or any of its subsidiary corporations, or Triborough bridge 23 and tunnel authority to be or become a debtor under chapter nine or said 24 corresponding chapter, chapters or sections of the federal bankruptcy 25 code during any such period. 26 § 29. Section 1269-a of the public authorities law is REPEALED. 27 § 30. Section 1269-b of the public authorities law is REPEALED. 28 § 31. Section 1269-c of the public authorities law is REPEALED. 29 § 32. Section 1269-d of the public authorities law is REPEALED. 30 § 33. Section 1269-f of the public authorities law is REPEALED. 31 § 34. Section 1269-g of the public authorities law is REPEALED. 32 § 35. Subdivisions 2 and 3 and paragraphs (a), (d) and (e) of subdivi- 33 sion 4 of section 1270-a of the public authorities law, subdivisions 2 34 and 3 and paragraphs (a) and (d) of subdivision 4 as amended by section 35 29 of part O of chapter 61 of the laws of 2000, and paragraph (e) of 36 subdivision 4 as amended by section 7 of part FF of chapter 58 of the 37 laws of 2019, are amended to read as follows: 38 2. Moneys in the transit account [may be pledged to the Triborough39bridge and tunnel authority to secure bonds and notes and, if so40pledged,]if already pledged prior to January first, two thousand twen- 41 ty-four, shall be paid to the Triborough bridge and tunnel authority in 42 such amounts and at such times as necessary to pay or to reimburse that 43 authority for its payment of debt service and reserve requirements on 44 that portion of special Triborough bridge and tunnel authority bonds and 45 notes issued by that authority pursuant to section five hundred fifty- 46 three-d of this chapter for transit projects undertaken for the New York 47 city transit authority and its subsidiaries. Subject to the provisions 48 of such pledge, any excess monies, or in the event there is no such 49 pledge, any moneys in such account shall, at the direction of the 50 [metropolitan transportation] big apple transit authority, be (a) depos- 51 ited into one or more funds or accounts and used as contemplated by 52 section [twelve hundred seventy-d] thirteen hundred forty-nine-dd of 53 this [title] chapter or (b) used for the payment of operating and capi- 54 tal costs of the New York city transit authority and its subsidiaries 55 and the Staten Island rapid transit operating authority.A. 2196 22 1 3. The authority shall transfer in nineteen hundred eighty-seven up to 2 twenty million dollars of the moneys in the commuter railroad account to 3 the suburban transportation fund in accordance with the terms of an 4 agreement between the authority and the department of transportation 5 with respect thereto, established herein, and pursuant to section eight- 6 y-eight-b of the state finance law. In subsequent years the authority 7 shall transfer twenty million dollars of the moneys in the commuter 8 railroad account to the suburban transportation fund in accordance with 9 the terms of an agreement between the authority and the department of 10 transportation with respect thereto, established herein, and pursuant to 11 section eighty-eight-b of the state finance law. 12 In the event the transfer to the suburban transportation fund provided 13 pursuant to this subdivision results in an operating deficit, as certi- 14 fied by the director of the division of the budget, in consultation with 15 the authority, that portion of the deficit attributable to such transfer 16 shall be appropriated from the general fund to the authority for commu- 17 ter railroad operating purposes, provided, however, that such appropri- 18 ation shall not exceed twenty million dollars. 19 The remaining moneys in the commuter railroad account [may be pledged20to the Triborough bridge and tunnel authority to secure bonds and notes21and, if so pledged] if already pledged prior to January first, two thou- 22 sand twenty-four, shall be paid to the Triborough bridge and tunnel 23 authority in such amounts and at such times as necessary to pay or to 24 reimburse that authority for its payment of debt service and reserve 25 requirements on that portion of special Triborough bridge and tunnel 26 authority bonds and notes issued by that authority pursuant to section 27 five hundred fifty-three-d of this chapter for transportation facilities 28 undertaken for the authority and its subsidiaries. Subject to the 29 provisions of any such pledge, any excess monies, or in the event there 30 is no such pledge, any moneys in such account shall[, at the direction31of the metropolitan transportation authority, be (a) deposited into one32or more funds or accounts and used as contemplated by section twelve33hundred seventy-d of this title or, (b)] be used for payment of operat- 34 ing and capital costs of the Long Island Rail Road company and the 35 Metro-North commuter railroad company. 36 (a) Moneys in the corporate transportation account shall first be used 37 for payments to the metropolitan transportation authority Dutchess, 38 Orange and Rockland fund established by section twelve hundred seventy-b 39 of this title. The remaining moneys in the corporate transportation 40 account [may be pledged by the authority, or pledged to the Triborough41bridge and tunnel authority, to secure bonds, notes or other obligations42of the authority or the Triborough bridge and tunnel authority, as the43case may be, and, if so pledged], if already pledged to the Triborough 44 bridge and tunnel authority prior to January first, two thousand twen- 45 ty-four, shall be paid to the Triborough bridge and tunnel authority in 46 such amounts and at such times as necessary to pay or to reimburse that 47 authority for its payment of debt service and reserve requirements, if 48 any, on that portion of special Triborough bridge and tunnel authority 49 bonds and notes issued by that authority pursuant to section five 50 hundred fifty-three-d of this chapter. Subject to the provisions of any 51 such pledge, or in the event there is no such pledge, any excess moneys 52 in the corporate transportation account [may] shall be [used by the53authority for payment of operating costs of, and capital costs, includ-54ing debt service and reserve requirements, if any, of or for the author-55ity,] transferred to the [New York city transit authority and theirA. 2196 23 1subsidiaries as the authority shall determine] big apple transit author- 2 ity. 3 (d) (1) In the event the county of Dutchess, the county of Orange or 4 the county of Rockland withdraws from the metropolitan transportation 5 district, the authority shall not transfer from the corporate transpor- 6 tation account to the metropolitan transportation authority Dutchess, 7 Orange and Rockland fund that portion of the moneys that would otherwise 8 be transferred from such account to such fund to the credit of such 9 withdrawing county or counties. 10 (2) For purposes of this subdivision, a county is deemed to have with- 11 drawn if a resolution is adopted and filed by the county legislature of 12 such county providing a public transportation plan pursuant to section 13 [twelve hundred seventy-nine-b] thirteen hundred forty-nine-wwwww of 14 this [title] chapter. 15 (e) Notwithstanding the foregoing provisions of this subdivision, any 16 moneys in the corporate transportation account that are received by the 17 authority: (i) without appropriation pursuant to subdivision one of this 18 section, or (ii) pursuant to the provisions of section ninety-two-ff of 19 the state finance law [may be pledged by the authority, or pledged to20the Triborough bridge and tunnel authority, to secure bonds, notes or21other obligations of the authority or the Triborough bridge and tunnel22authority, as the case may be, and, if so pledged], if already pledged 23 to the Triborough bridge and tunnel authority prior to January first, 24 two thousand twenty-four, shall be paid to the Triborough bridge and 25 tunnel authority in such amounts and at such times as necessary to pay 26 or to reimburse that authority for its payment of debt service and 27 reserve requirements, if any, on that portion of special Triborough 28 bridge and tunnel authority bonds and notes issued by that authority 29 pursuant to section five hundred fifty-three-d of this chapter. Subject 30 to the provisions of any such pledge, or in the event there is no such 31 pledge, any moneys in the corporate transportation account received by 32 the authority: (i) without appropriation pursuant to subdivision one of 33 this section, or (ii) pursuant to the provisions of section ninety-two- 34 ff of the state finance law [may] shall be [used by the authority for35payment of operating costs of, and capital costs, including debt service36and reserve requirements, if any, of or for the authority,] transferred 37 to the [New York city transit authority and their subsidiaries as the38authority shall determine] big apple transit authority. No moneys in the 39 corporate transportation account that are reserved by the authority: (i) 40 without appropriation pursuant to subdivision one of this section; or 41 (ii) pursuant to the provisions of section ninety-two-ff of the state 42 finance law may be used for making any payment to the Dutchess, Orange 43 and Rockland fund created by section twelve hundred seventy-b of this 44 title or considered in calculating the amounts required to be paid into 45 such fund. 46 § 36. Subdivision 3 of section 1270-c of the public authorities law, 47 as amended by section 30 of part O of chapter 61 of the laws of 2000, is 48 amended to read as follows: 49 3. Moneys in the fund may be [(a) pledged by the authority to secure50and be applied to the payment of its bonds, notes or other obligations51specified by the authority and issued to finance (i) transit projects52undertaken for the New York city transit authority and its subsidiaries53and (ii) transportation facilities undertaken for the authority and its54subsidiaries and (b)] used for payment of operating costs, [and capital55costs,] including debt service, reserve requirements, if any, the 56 payment of amounts required under bond and note facilities or agreementsA. 2196 24 1 related thereto, the payment of federal government loans, security or 2 credit arrangements or other agreements related thereto, and the payment 3 of all costs related to such obligations, of or for the authority[, the4New York city transit authority and their subsidiaries as the authority5shall determine]. To the extent moneys in the fund have already been 6 pledged by the authority prior to January first, two thousand twenty- 7 four to secure and pay its bonds, notes or other obligations [as herein8provided], moneys deposited into the fund shall first be deposited into 9 the pledged amounts account to the extent necessary to satisfy the 10 requirements of any debt service or reserve requirements, if any, of the 11 resolution authorizing such bonds, notes or other obligations. After 12 satisfaction of such requirements of the resolution, or if the authority 13 has not so pledged the moneys in the fund, moneys deposited in the fund 14 shall be directly deposited into the operating and capital costs account 15 and, subject to the provisions of any resolutions of the authority not 16 secured by the pledged amounts account, transferred forthwith to or for 17 the benefit of the [New York city transit authority and its subsidiaries18and the Staten Island rapid transit operating authority] big apple tran- 19 sit authority (the "[TA] BAT") and to and for the benefit of the [Long20Island Rail Road company and the Metro-North commuter rail road company] 21 commuter transportation authority (the "[CRR] CTA") as provided in this 22 section. 23 Moneys in the operating and capital costs account which were deposited 24 in the fund pursuant to appropriation from moneys deposited in the dedi- 25 cated mass transportation trust fund for payment to the metropolitan 26 transportation authority dedicated tax fund pursuant to subdivision (d) 27 of section three hundred one-j of the tax law (the "remaining PBT 28 amount") shall be distributed by the authority as follows: an amount 29 equal to the debt service incurred in such calendar year as a result of 30 obligations issued and secured by moneys in the fund, to the extent such 31 debt service is to be paid from money deposited in the fund pursuant to 32 appropriation from moneys deposited in the dedicated mass transportation 33 trust fund for payment to the metropolitan transportation authority 34 dedicated tax fund pursuant to subdivision (d) of section three hundred 35 one-j of the tax law ("PBT debt service"), shall be added to the remain- 36 ing PBT amount. The sum of these figures shall then be allocated as 37 follows: eighty-five per centum of such sum shall be allocated to the 38 [TA] BAT and fifteen per centum of such sum shall be allocated to the 39 [CRR] CTA. The amounts so allocated shall then be reduced respectively 40 by the proportional amount of PBT debt service attributable to the 41 payments for transit projects undertaken for the [TA] BAT and transpor- 42 tation facility projects undertaken for the [CRR] CTA. The remaining 43 amounts shall constitute the respective distributable shares of the 44 remaining PBT amount and shall be distributed to or for the benefit of 45 the [TA] BAT and the [CRR] CTA. 46 Moneys in the operating and capital costs account which were deposited 47 in the fund pursuant to section eighty-eight-a of the state finance law 48 (the "remaining MMTOA amount") shall be distributed by the authority as 49 follows: an amount equal to the debt service incurred in such calendar 50 year as a result of obligations issued and secured by money in the fund, 51 to the extent such debt service is to be paid from money deposited in 52 the fund pursuant to section eighty-eight-a of the state finance law 53 ("MMTOA debt service"), shall be added to the remaining MMTOA amount. 54 The sum of these figures shall then be allocated as follows: there shall 55 be allocated (i) to the [TA] BAT an amount of such sum which bears the 56 same proportion to such sum as the amount appropriated and paid duringA. 2196 25 1 such calendar year from the metropolitan mass transportation operating 2 assistance account to the authority for the operating expenses of the 3 [TA] BAT bears to the total amounts so appropriated and paid from such 4 operating assistance account during such calendar year to the [TA] BAT 5 and [CRR] CTA combined and (ii) to the [CRR] CTA an amount of such sum 6 which bears the same proportion to such sum as the amount appropriated 7 and paid during such calendar year from the metropolitan mass transpor- 8 tation operating assistance account to the [CRR] CTA bears to the total 9 amounts so appropriated and paid from such operating assistance account 10 during such calendar year to the [TA] BAT and [CRR] CTA combined. The 11 amounts so allocated shall then be reduced respectively by the propor- 12 tional amount of MMTOA debt service attributable to the payments for 13 transit projects undertaken for the [TA] BAT and transportation facility 14 projects undertaken for the [CRR] CTA. The remaining amounts shall 15 constitute the respective distributable shares of the remaining MMTOA 16 amount and shall be distributed to or for the benefit of the [TA] BAT 17 and the [CRR] CTA. In no event shall the authority utilize any measure 18 or calculation for determining such distributable shares other than the 19 formula prescribed herein nor shall the authority take any action which 20 would result in the use of such money which is different from or incon- 21 sistent with the use prescribed in this section. 22 To the extent that amounts described in the preceding two paragraphs 23 are distributed more frequently than annually, each such distribution 24 shall be made as nearly as may be practicable in accordance with the 25 allocations described above to the [TA] BAT and the [CRR] CTA. Within 26 thirty days after the end of each calendar year, the authority shall 27 certify to the director of the budget, the chairperson of the senate 28 finance committee and the chairperson of the assembly ways and means 29 committee, the amount of money deposited in the fund pursuant to appro- 30 priation from moneys deposited in the dedicated mass transportation 31 trust fund for payment to the metropolitan transportation authority 32 dedicated tax fund pursuant to subdivision (d) of section three hundred 33 one-j of the tax law and section eighty-eight-a of the state finance 34 law, the amounts expended from the pledged amounts account for the bene- 35 fit of the [TA] BAT and the [CRR] CTA, and the amounts of the remaining 36 PBT amount and the remaining MMTOA amount distributed during the prior 37 calendar year to the [TA] BAT and the [CRR] CTA and specifying in each 38 case the appropriation or appropriations which was the source of such 39 amounts. 40 § 37. Section 1270-d of the public authorities law is REPEALED. 41 § 38. Section 1270-g of the public authorities law, as added by 42 section 16 of part H of chapter 25 of the laws of 2009, is amended to 43 read as follows: 44 § 1270-g. Regulation of certain authority expenditures. 1. The author- 45 ity shall implement policies as appropriate to minimize unwarranted 46 expenses and to protect against abuses in connection with (i) the grant- 47 ing of any privileges or benefits having financial value, other than 48 wage payments or expense reimbursements, to members or staff of the 49 authority, or any subsidiary or other authority created by the authori- 50 ty; and (ii) the full-time and part-time assignment and use of automo- 51 biles owned or leased by the authority, or any subsidiary or other 52 authority created by the authority, and the use by authority employees 53 and board members of livery vehicles, as defined in section one hundred 54 twenty-one-e of the vehicle and traffic law. 55 2. The authority's total expenses for its first year, not including 56 payments of interest or principal on bonds and notes and other obli-A. 2196 26 1 gations of the authority already outstanding as of January first, two 2 thousand twenty-four, or already authorized by the 2015-2019 capital 3 program, shall not exceed one hundred ten million dollars, and in subse- 4 quent years shall not exceed one percent of the total operating 5 expenses, not including capital expenditures or payments of interest or 6 principal on bonds and notes and other obligations, of the big apple 7 transit authority in the previous year. 8 § 39. Subdivision 3 of section 1270-h of the public authorities law, 9 as added by section 16 of part H of chapter 25 of the laws of 2009, is 10 amended to read as follows: 11 3. Moneys in the fund may be [(a) pledged by the authority to secure12and be applied to the payment of the bonds, notes or other obligations13of the authority issued on or after the effective date of this section14to finance capital projects of the authority and its subsidiaries and15the New York city transit authority and any subsidiaries; or (b)] used 16 for payment of [capital] operating costs, including debt service, 17 reserve requirements, if any, the payment of amounts required under bond 18 and note facilities or agreements related thereto, the payment of feder- 19 al government loans, security or credit arrangements or other agreements 20 related thereto, and the payment of all costs related to such obli- 21 gations, of or for the authority, the New York city transit authority 22 and their subsidiaries as the authority shall determine. To the extent 23 moneys in the fund have already been pledged by the authority prior to 24 January first, two thousand twenty-four, to secure and pay the bonds, 25 notes or other obligations of the authority issued to finance capital 26 projects of the authority and its subsidiaries and the New York city 27 transit authority and any subsidiaries as herein provided, monies depos- 28 ited into the fund shall be deposited to the extent necessary to satisfy 29 the requirements of any debt service or reserve requirements, if any, of 30 the resolution authorizing such bonds, notes or other obligations. 31 Subject to the provisions of any such pledge, or in the event there is 32 no such pledge, any excess moneys in this fund [may] shall be [used by33the authority for payment of operating costs of, and capital costs,34including debt service and reserve requirements, if any, of or for the35authority, the New York city transit authority and their subsidiaries as36the authority shall determine. To the extent moneys in the fund have37been pledged by the authority to secure and pay the bonds, notes or38other obligations of the authority issued to finance capital projects of39the authority and its subsidiaries and the New York city transit author-40ity and any subsidiaries as herein provided, monies deposited into the41fund shall be deposited to the extent necessary to satisfy the require-42ments of any debt service or reserve requirements, if any, of the resol-43ution authorizing such bonds, notes or other obligations] transferred to 44 the big apple transit authority. 45 § 40. Subdivisions 2, 3 and 4 of section 1270-i of the public authori- 46 ties law, as added by section 4 of part NNN of chapter 59 of the laws of 47 2018, are amended to read as follows: 48 2. Moneys in the subway action plan account shall be used for the 49 exclusive purpose of funding the operating and capital costs of the 50 [metropolitan transportation authority's] New York city subway action 51 plan. Such funds may be used for infrastructure including construction, 52 reconstruction, reconditioning and preservation of transportation 53 systems, facilities and equipment, acquisition of property, and for 54 operating costs including personal services, non-personal services, 55 fringe benefits, and contractual services. Funds may also be used to pay 56 or to reimburse the authority for its payment of debt service andA. 2196 27 1 reserve requirements on that portion of authority bonds and notes issued 2 by the authority for capital costs of the [metropolitan transportation3authority's] New York city subway action plan. 4 3. Moneys in the outer borough transportation account shall be used 5 for the exclusive purpose of funding the operating and capital costs of 6 [metropolitan transportation] the big apple transit authority facili- 7 ties, equipment and services in the counties of Bronx, Kings, Queens and 8 Richmond, and any projects improving transportation connections from 9 such counties to New York [County] county. Such funds may be used for 10 infrastructure including construction, reconstruction, reconditioning 11 and preservation of transportation systems, facilities and equipment, 12 acquisition of property, and for operating costs including personal 13 services, non-personal services, fringe benefits, and contractual 14 services. Funds may also be used to fund a toll reduction program for 15 any crossings under the jurisdiction of the [metropolitan transporta-16tion] big apple transit authority [or its subsidiaries or] and its 17 affiliates. Funds may also be used to pay or to reimburse the authority 18 for its payment of debt service and reserve requirements on that portion 19 of authority bonds and notes that have been issued by the authority 20 specifically for the authorized purpose of this account. Notwithstanding 21 any law to the contrary, final approval of the use of any funds paid 22 into the outer borough transportation account shall be [unanimously] 23 approved by [three members of the Metropolitan Transportation Authority24Capital Program Review Board, established pursuant to section twelve25hundred sixty-nine-a of this title so designated pursuant to this subdi-26vision. For purposes of such final approvals the three voting members27are: the member appointed upon recommendation by the temporary president28of the senate; the member appointed upon recommendation of speaker of29the assembly; and the member appointed by the governor] the mayor of New 30 York city. 31 4. Moneys in the general transportation account shall be used for 32 funding the operating and capital costs of the [metropolitan transporta-33tion] big apple transit authority. Such funds may be used for infras- 34 tructure including construction, reconstruction, reconditioning and 35 preservation of transportation systems, facilities and equipment, acqui- 36 sition of property, and for operating costs including personal services, 37 non-personal services, fringe benefits, and contractual services. Funds 38 may also be used to pay or to reimburse the authority for its payment of 39 debt service and reserve requirements on that portion of authority bonds 40 and notes that have been issued by the authority specifically for the 41 purposes of this account. 42 § 41. Section 1271 of the public authorities law, as amended by 43 section 32 of part O of chapter 61 of the laws of 2000, is amended to 44 read as follows: 45 § 1271. Agreement of the state. The state does hereby pledge to and 46 agree with the authority and its subsidiaries, [New York city transit47authority and its subsidiaries, and Triborough bridge and tunnel author-48ity] the big apple transit authority and its affiliates, the commuter 49 transportation authority, and the holders of any notes, bonds or other 50 obligations, including lease obligations, issued or incurred under this 51 title, that the state will not limit or alter the denial of authority 52 under subdivision nine of section twelve hundred sixty-nine of this 53 title, or the rights and powers vested in the authority and its subsid- 54 iaries, New York city transit authority and its subsidiaries, and 55 Triborough bridge and tunnel authority by this title to fulfill the 56 terms of any agreements made by any of them with the holders thereof, orA. 2196 28 1 in any way impair the rights and remedies of such holders until such 2 notes, bonds or other obligations, including lease obligations, together 3 with the interest thereon, with interest on any unpaid installments of 4 interest, and all costs and expenses for which the authority or its 5 subsidiaries, New York city transit authority and its subsidiaries, and 6 Triborough bridge and tunnel authority is liable in connection with any 7 action or proceeding by or on behalf of such holders, are fully met and 8 discharged. The authority and its subsidiaries, New York city transit 9 authority and its subsidiaries, and Triborough bridge and tunnel author- 10 ity are each authorized to include this pledge and agreement of the 11 state in any agreement with the holders of such notes, bonds or other 12 obligations, including lease obligations. 13 § 42. Section 1276-f of the public authorities law is REPEALED. 14 § 43. Section 1277 of the public authorities law is REPEALED. 15 § 44. Section 1277-a of the public authorities law, as amended by 16 section 33 of part O of chapter 61 of the laws of 2000, is amended to 17 read as follows: 18 § 1277-a. Transfer and receipt of surplus funds. Notwithstanding any 19 provision of this title or any other provision of law, general, special 20 or local, the authority [may from time to time transfer and pay over to21New York city transit authority or triborough bridge and tunnel authori-22ty all or any part of its surplus funds; and] may accept and use any 23 moneys transferred and paid over to it by [New York city transit] the 24 big apple transit authority and its affiliates or [triborough bridge and25tunnel] the commuter transportation authority. 26 § 45. Section 1279 of the public authorities law is REPEALED. 27 § 46. Section 1279-a of the public authorities law is REPEALED. 28 § 47. Section 1279-b of the public authorities law is REPEALED. 29 § 48. Section 1279-c of the public authorities law is REPEALED. 30 § 49. Section 1279-d of the public authorities law is REPEALED. 31 § 50. Section 1279-e of the public authorities law is REPEALED. 32 § 51. Section 1279-f of the public authorities law is REPEALED. 33 § 52. Section 1279-g of the public authorities law is REPEALED. 34 § 53. Section 1279-h of the public authorities law is REPEALED. 35 § 54. Section 1279-l of the public authorities law is REPEALED. 36 § 55. Subdivision 1 of section 17-b of the transportation law, as 37 amended chapter 84 of the laws of 1985, is amended to read as follows: 38 1. Notwithstanding the provisions of [subdivision eight of section39twelve hundred sixty-six and] subdivision seven of section twelve 40 hundred ninety-nine-f of the public authorities law or of [subdivision41seventeen of] section one hundred forty-two of this chapter, every 42 transportation authority and every other public transportation operator 43 or carrier receiving mass transportation operating assistance pursuant 44 to section eighteen-b of this [chapter] article either directly from the 45 department [of transportation] or through a county or municipality 46 pursuant to said section, shall prepare and publicize a plan for trans- 47 portation safety, including but not limited to equipment maintenance 48 procedures, personnel safety training programs, accident reporting 49 systems, passenger safety practices and the persons responsible for the 50 implementation of such practices and programs. Every authority and every 51 other public transportation operator or carrier required herein to file 52 such a plan shall review such plan biennially and amend such plan if 53 amendments are necessary. 54 § 56. Subdivision 17 of section 553 of the public authorities law, as 55 amended by section 4 of part O of chapter 61 of the laws of 2000, is 56 amended to read as follows:A. 2196 29 1 17. To do all things necessary or convenient to carry out the powers 2 expressly given in this title and to assist and cooperate with the 3 metropolitan transportation authority to carry out the powers of the 4 metropolitan transportation authority in furtherance of the purposes and 5 powers of the authority as provided in this article, including, without 6 limitation, the transactions described in [sections twelve hundred7sixty-six-c,] section twelve hundred sixty-nine[, and twelve hundred8seventy-d] of this chapter. 9 § 57. Subdivisions 9 and 10 of section 553-e of the public authorities 10 law are REPEALED. 11 § 58. Subdivisions 7 and 11 of section 553-e of the public authorities 12 law, subdivision 7 as added by chapter 314 of the laws of 1981 and 13 subdivision 11 as amended by chapter 929 of the laws of 1986, are 14 amended to read as follows: 15 7. The metropolitan transportation authority, the New York city trans- 16 it authority and the designated subsidiaries of each of them are each 17 hereby authorized (i) to request the authority to undertake any such 18 project; (ii) to acquire in its own name by gift, purchase or condemna- 19 tion, and, additionally, in the case of the metropolitan transportation 20 authority, by appropriation [pursuant to section twelve hundred sixty-21seven-a of this chapter], any real or personal property (or any interest 22 therein), which is needed or useful for or in connection with such 23 project, the provisions of any lease or other agreement with the city to 24 the contrary notwithstanding, and to surrender the use, occupancy, 25 control or possession of or to transfer the same, or of any other such 26 real or personal property (or any interest therein) which it owns, leas- 27 es, operates or controls, to the authority; (iii) to accept a transfer, 28 transfer back, lease or sublease of any such project or part thereof 29 upon its completion; (iv) to undertake any such project itself, or to 30 finance, through loans, leases or otherwise, any other person or entity, 31 public or private, to do so, in each case using funds granted by the 32 authority to pay all or any part of the costs thereof (such undertaking, 33 in the case of the New York city transit authority and its subsidiary, 34 the Manhattan and Bronx surface transit operating authority, being free 35 of any restriction set forth in subparagraph (ii) of paragraph b of 36 subdivision one of section twelve hundred three or in paragraph (c) of 37 subdivision five of section twelve hundred three-a of this chapter); and 38 (v) to make its agents, employees and facilities available to the 39 authority in connection therewith. 40 11. The aggregate principal amount of bonds and notes issued and 41 outstanding at any time to finance projects authorized by paragraphs 42 (m), (n), (o), (p) and (r) of subdivision nine of section five hundred 43 fifty-three of this title shall not exceed one billion one hundred 44 million dollars through December thirty-first, nineteen hundred eighty- 45 six and three billion two hundred million dollars thereafter, provided 46 however that such latter amount shall not exceed two billion two hundred 47 million dollars for all bonds and notes other than those issued pursuant 48 to section five hundred fifty-three-d of this title. This limitation 49 shall not include (i) bonds and notes issued to refund or otherwise 50 repay bonds or notes theretofore issued for such purposes, (ii) bonds 51 issued to fund any reasonably required debt service reserve fund for 52 bonds and notes, and (iii) an amount equal to any original issue 53 discount from the [prinicipal] principal amount of any bonds or notes 54 issued and then outstanding. From the proceeds of the bonds and notes 55 provided for in the first sentence of this subdivision, other than bonds 56 or notes authorized by section five hundred fifty-three-d of this title,A. 2196 30 1 the authority shall not expend more than one billion three hundred twen- 2 ty million dollars for transit projects [as defined in section twelve3hundred sixty-six-c of this chapter] nor more than eight hundred eighty 4 million dollars for transportation facilities as such term is defined in 5 subdivision fourteen of section twelve hundred sixty-one of this chapter 6 other than marine or aviation facilities. For the purposes of this 7 subdivision, facilities under the jurisdiction of the Staten Island 8 rapid transit operating authority shall be considered transit projects. 9 § 59. Subdivision 6 of section 1201 of the public authorities law, as 10 amended by section 11 of part O of chapter 61 of the laws of 2000, is 11 amended to read as follows: 12 6. The authority and its corporate existence shall continue until 13 terminated by law, provided however, that no such law shall take effect 14 so long as the authority or any of its subsidiaries, the metropolitan 15 transportation authority or the Triborough bridge and tunnel authority 16 shall have outstanding any notes or bonds or lease, sublease or other 17 contractual obligations issued or incurred pursuant to section twelve 18 hundred seven-m of this title or issued or incurred in connection with 19 the transfer of its interest in and the lease from the transferee of any 20 property furnished to it pursuant to chapter twelve of the laws of nine- 21 teen hundred seventy-nine or section fifteen of chapter three hundred 22 fourteen of the laws of nineteen hundred eighty-one[, or section twelve23hundred sixty-six-c or twelve hundred seventy-d of this article], unless 24 adequate provision has been made for the payment or satisfaction of such 25 outstanding notes, bonds, lease, sublease or other contractual obli- 26 gations. 27 § 60. Subdivision 11 of section 1204 of the public authorities law, as 28 amended by section 14 of part O of chapter 61 of the laws of 2000, is 29 amended to read as follows: 30 11. To make or enter into contracts, agreements, deeds, leases, 31 conveyances or other instruments necessary or convenient, and to assist 32 and cooperate with the metropolitan transportation authority to carry 33 out the powers of the metropolitan transportation authority in further- 34 ance of the purposes and powers of the authority as provided in this 35 article, including, without limitation, the transactions described in 36 [sections twelve hundred sixty-six-c,] section twelve hundred sixty-nine 37 [and twelve hundred seventy-d] of this article. This power shall include 38 the power to make contracts with other persons operating transit facili- 39 ties for combined fares for the use of such facilities and the transit 40 facilities operated by the authority and for the division of such fares, 41 and the power to make contracts for the transportation of the United 42 States mail or personal property. 43 § 61. Intentionally omitted. 44 § 62. Intentionally omitted. 45 § 63. The opening paragraph of subdivision 4 and subdivisions 5 and 11 46 of section 1209 of the public authorities law, the opening paragraph of 47 subdivision 4 as added by chapter 430 of the laws of 1983, subdivision 5 48 as added by chapter 383 of the laws of 1985 and subdivision 11 as added 49 by chapter 929 of the laws of 1986, are amended to read as follows: 50 Notwithstanding the provisions of subdivision two of this section, a 51 contract for the purchase of omnibuses or components of omnibuses in 52 furtherance or implementation of a capital program plan [approved pursu-53ant to section twelve hundred sixty-nine-b of this article] may also be 54 awarded by the authority by negotiation without competitive bidding 55 provided the following standards and procedures are complied with:A. 2196 31 1 5. (a) Notwithstanding that funds of the authority may be used there- 2 for, a contract for all or a portion of work involving the alteration, 3 expansion or rehabilitation of a passenger station may be awarded by the 4 authority, by negotiation without competitive bidding, to a private 5 entity or the designee of a private entity where the authority by vote 6 of not less than eleven of its members approves written findings that 7 such award is expected to permit the alteration, expansion or rehabili- 8 tation to be carried out in the most efficient and cost effective 9 manner, that such private entity has agreed to pay at least one million 10 dollars toward the cost of the work, that such payment represents not 11 less than fifty percent of the total cost of the work, and that the 12 authority has complied with the procedures provided in paragraph (b) of 13 this subdivision. Notwithstanding the foregoing, a contract for all or a 14 portion of work involving the alteration, expansion or rehabilitation of 15 the passenger station located at the western terminus of the forty-sec- 16 ond street shuttle may be awarded by the authority, by negotiation with- 17 out competitive bidding, to a private entity or the designee of a 18 private entity where the authority by vote of not less than eleven of 19 its members approves written findings that such award is expected to 20 permit the alteration, expansion or rehabilitation to be carried out in 21 the most efficient and cost effective manner, and that the authority has 22 complied with the procedures provided in paragraph (b) of this subdivi- 23 sion. 24 (b) Not less than fifteen days prior to the consideration by the board 25 of the authority of a contract to be let pursuant to this subdivision, a 26 notice shall be published in at least one newspaper of general circu- 27 lation. Such notice shall identify the parties to the proposed contract 28 and summarize its terms and conditions. Such notice shall also invite 29 written public comment concerning the proposed contract, including, to 30 the extent appropriate, the submission of alternatives for the authori- 31 ty's consideration. Such information shall be considered by the board of 32 authority prior to the approval of any contract proposed to be awarded 33 pursuant to this subdivision. 34 [(c) Any contract entered into pursuant to this subdivision shall35comply with the requirements of subdivision thirteen of section twelve36hundred sixty-six-c of this article.] 37 11. The authority shall compile a list of potential sources of 38 supplies, materials or equipment regularly purchased. The authority 39 shall, by resolution, set forth the procedures it has established to 40 identify new sources and to notify such new sources of the opportunity 41 to bid for contracts for the purchase of supplies, materials or equip- 42 ment. Such procedures shall include, but not be limited to: (a) adver- 43 tising in trade journals; (b) cooperation with federal, state and local 44 agencies within its area of operations; and (c) publication in the state 45 register quarterly[; and (d) procedures established pursuant to subdivi-46sion thirteen of section twelve hundred sixty-six-c of this article]. 47 § 64. Subdivision 5 of section 1276-b of the public authorities law, 48 as added by section 17 of part H of chapter 25 of the laws of 2009, is 49 amended to read as follows: 50 5. Strategic operation plan. Financial information required to be 51 submitted by the authority [pursuant to paragraphs d and e of subdivi-52sion one of section twelve hundred sixty-nine-c of this title] shall be 53 presented in a format consistent with the budget and plan, in downloada- 54 ble, searchable format.A. 2196 32 1 § 65. 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 section10twelve hundred seventy-d of this chapter], the authority may issue its 11 bonds and notes to finance such projects payable from and secured by all 12 or any part of the moneys received by the authority from the metropol- 13 itan transportation authority special assistance fund established under 14 section twelve hundred seventy-a of this chapter, provided however that 15 such bonds and notes may also be payable from and secured by any other 16 moneys, securities and funds designated by the authority as additional 17 security therefor. Debt service on bonds and notes issued by the author- 18 ity pursuant to this section which is paid or reimbursed from moneys 19 received by the authority from the metropolitan transportation authority 20 special assistance fund shall not be deemed to constitute debt service 21 incurred by the authority for purposes of subdivision three of section 22 twelve hundred nineteen-a of this chapter. Such bonds or notes shall be 23 issued in the manner provided in section five hundred sixty-one of this 24 title. 25 § 66. This act shall take effect January 1, 2024, provided, however, 26 that the amendments to subdivision 12-a of section 1266 of the public 27 authorities law made by section eleven of this act shall not affect the 28 repeal of such subdivision and shall be deemed repealed therewith. 29 PART B 30 Section 1. Subdivisions 1 and 3 of section 1200 of the public authori- 31 ties law, as added by chapter 200 of the laws of 1953 and such section 32 as renumbered by chapter 914 of the laws of 1957, are amended and two 33 new subdivisions 4-a and 19 are added to read as follows: 34 1. "Authority." The corporation created by section [eighteen] twelve 35 hundred one of this title. 36 3. "Board of estimate." The former board of estimate of the city. 37 4-a. "City council." The city council of New York. 38 19. "Big apple transit authority." The corporation created by section 39 thirteen hundred forty-nine-c of this article. 40 § 2. Subdivisions 1, 2, 5 and 6 of section 1201 of the public authori- 41 ties law, subdivisions 1 and 5 as amended by chapter 929 of the laws of 42 1986, subdivision 2 as amended by chapter 506 of the laws of 2009, and 43 subdivision 6 as amended by section 11 of part O of chapter 61 of the 44 laws of 2000, are amended to read as follows: 45 1. A board, to be known as "New York City Transit Authority" is hereby 46 created. Such board shall be a body corporate and politic constituting a 47 public benefit corporation. It shall consist of seventeen members, all 48 serving ex officio. Those members shall be the persons who from time to 49 time shall hold the offices of chairman and members of [metropolitan50transportation] the big apple transit authority. 51 2. The chairman of such board shall be the chairman of [metropolitan52transportation] the big apple transit authority, serving ex officio, 53 and, provided that there is an executive director of the [metropolitan54transportation] big apple transit authority, the executive director ofA. 2196 33 1 the authority shall be the executive director of the [metropolitan2transportation] big apple transit authority, serving ex officio. 3 Notwithstanding any provision of law to the contrary, the chairman shall 4 be the chief executive officer of the authority and shall be responsible 5 for the discharge of the executive and administrative functions and 6 powers of the authority. The chairman and executive director, if any, 7 each shall be empowered to delegate his or her functions and powers to 8 one or more officers or employees designated by him or her. 9 5. A majority of the whole number of members of the authority then in 10 office shall constitute a quorum for the transaction of any business or 11 the exercise of any power of the authority. Except as otherwise speci- 12 fied in this title, for the transaction of any business or the exercise 13 of any power of the authority, the authority shall have the power to act 14 by a majority vote of the members present at any meeting at which a 15 quorum is in attendance. In the event of a tie vote the chairman shall 16 cast one additional vote. For the purposes of the voting and quorum 17 requirements of this subdivision, the voting and quorum requirements set 18 forth in subdivision three of section [twelve hundred sixty-three] thir- 19 teen hundred forty-nine-c of this article and in any by-law of the 20 [metropolitan transportation] big apple transit authority adopted pursu- 21 ant to the provisions of such subdivision shall be applicable hereto. 22 6. The authority and its corporate existence shall continue until 23 terminated by law, provided however, that no such law shall take effect 24 so long as the authority [or any of its subsidiaries], the big apple 25 transit authority, the metropolitan transportation authority [or], the 26 Triborough bridge and tunnel authority, or any of their respective 27 subsidiaries, shall have outstanding any notes or bonds or lease, 28 sublease or other contractual obligations issued or incurred pursuant to 29 section twelve hundred seven-m of this title or issued or incurred in 30 connection with the transfer of its interest in and the lease from the 31 transferee of any property furnished to it pursuant to chapter twelve of 32 the laws of nineteen hundred seventy-nine or section fifteen of chapter 33 three hundred fourteen of the laws of nineteen hundred eighty-one, or 34 section [twelve hundred sixty-six-c] thirteen hundred forty-nine-j or 35 [twelve hundred seventy-d] thirteen hundred forty-nine-dd of this arti- 36 cle, unless adequate provision has been made for the payment or satis- 37 faction of such outstanding notes, bonds, lease, sublease or other 38 contractual obligations. 39 § 3. Section 1202 of the public authorities law, as added by chapter 40 200 of the laws of 1953, subdivision 1 as amended by section 12 of part 41 O of chapter 61 of the laws of 2000 and such section as renumbered by 42 chapter 914 of the laws of 1957, is amended to read as follows: 43 § 1202. Purposes of the authority. 1. The purposes of the authority 44 shall be the acquisition of the transit facilities operated by the board 45 of transportation of the city, the operation of transit facilities in 46 accordance with the provisions of this title for the convenience and 47 safety of the public on a basis which will enable the operations there- 48 of, exclusive of capital costs, to be self-sustaining, and, in coordi- 49 nation with the [metropolitan transportation] big apple transit authori- 50 ty and the Triborough bridge and tunnel authority, the continuance, 51 further development and improvement of commuter transportation and other 52 services related thereto within the [metropolitan commuter transporta-53tion district] city of New York and the development and implementation 54 of a unified mass transportation policy for such [district] city. 55 2. It is hereby found and declared that such purposes are in all 56 respects for the benefit of the people of the [state] city of New YorkA. 2196 34 1 and the authority shall be regarded as performing a governmental func- 2 tion in carrying out its corporate purpose and in exercising the powers 3 granted by this title. 4 § 4. Subparagraph (ii) of paragraph b of subdivision 1 of section 1203 5 of the public authorities law, as amended by chapter 717 of the laws of 6 1967, is amended to read as follows: 7 (ii) From and after March first, nineteen hundred sixty-eight, the 8 authority shall also have the right to incur capital costs of such 9 nature in its own name to the extent that capital funds are available to 10 it for expenditures of such nature pursuant to the provisions of section 11 twelve hundred nineteen-a of this [chapter] title or of any other 12 provision of law, which capital costs shall not be payable by the city; 13 provided, however, that no project to be financed by the use of such 14 capital funds which is estimated by the authority to involve an expendi- 15 ture in excess of one million dollars shall be commenced unless the 16 mayor and the [board of estimate] city council shall each have been 17 notified in writing by the authority of the intent of the authority to 18 undertake such project and of the nature thereof. No such project shall 19 be commenced if and to the extent that either the mayor or a majority in 20 voting power of the members of the [board of estimate] city council 21 shall find that it is incompatible with sound planning for the develop- 22 ment or redevelopment of the city, provided such finding, together with 23 the reasons therefor, is set forth in a writing delivered to the author- 24 ity within thirty days of the receipt by the mayor or the [board of25estimate] city council, as the case may be, of the notification of the 26 authority relating to such project. If any such project is not so disap- 27 proved, it may nevertheless not be commenced unless and until the city 28 shall have been given an opportunity to include the same in the capital 29 budget of the city for the first fiscal year of the city commencing not 30 less than six months after receipt of such notification. If and to the 31 extent that such project is included in such capital budget, the author- 32 ity may not thereafter incur capital costs for the same in its own name. 33 If or to the extent such project is not included in such capital budget, 34 the authority may incur capital costs for the same in its own name. The 35 operation of sections twenty, twenty-one and twenty-two of the rapid 36 transit law shall be suspended with respect to any project financed with 37 the capital funds referred to in this subparagraph. 38 § 5. Paragraph (f) of subdivision 3, paragraph (c) of subdivision 5 39 and subdivision 8 of section 1203-a of the public authorities law, para- 40 graph (f) of subdivision 3 as amended by chapter 791 of the laws of 1962 41 and paragraph (c) of subdivision 5 as amended and subdivision 8 as added 42 by chapter 717 of the laws of 1967, are amended to read as follows: 43 (f) to operate omnibus lines on those routes in the city of New York 44 where on February twenty-eighth, nineteen hundred sixty-two, omnibus 45 lines were operated under franchises or temporary certificates of 46 convenience and necessity which have been revoked, terminated, rescinded 47 or condemned, or acquired by any other means, and to extend such routes 48 so as to provide the complete service operated on February twenty- 49 eighth, nineteen hundred sixty-two; and such operation, together with 50 the necessary extensions, shall be deemed to constitute operation over 51 approved routes with the same force and effect as if the said routes had 52 been duly approved by the [board of estimate] city council of the city, 53 as provided by law; and to operate on such other routes as the [board] 54 council may authorize by resolution adopted only after a public hearing 55 held after notice thereof, and of the proposed route, and the proposed 56 resolutions authorizing the same, have been published in full for atA. 2196 35 1 least fifteen days, except Sundays and legal holidays, immediately prior 2 thereto in the City Record, and at least twice in two newspapers 3 published in the borough or boroughs affected, to be designated by the 4 board. 5 (c) capital costs not now charged by the transit authority as operat- 6 ing expenses shall be paid by the city; provided, however, that from and 7 after March first, nineteen hundred sixty-eight, the subsidiary corpo- 8 ration shall also have the right to incur capital costs in its own name 9 to the extent that capital funds are available to it pursuant to the 10 provisions of sections twelve hundred nineteen-a and twelve hundred 11 three-b of this [chapter] title or of any other law, which capital costs 12 shall not be payable by the city; and provided, further, that no project 13 to be financed by the use of such capital funds which is estimated by 14 the subsidiary corporation to involve an expenditure in excess of one 15 million dollars shall be commenced unless the mayor and the [board of16estimate] city council shall each have been notified in writing by the 17 subsidiary corporation of the intent of the subsidiary corporation to 18 undertake such project and of the nature thereof. No such project shall 19 be commenced if and to the extent that either the mayor or a majority in 20 voting power of the members of the [board of estimate] city council 21 shall find that it is incompatible with sound planning for the develop- 22 ment or redevelopment of the city, provided such finding, together with 23 the reasons therefor, is set forth in a writing delivered to the subsid- 24 iary corporation within thirty days of the receipt by the mayor or the 25 [board of estimate] city council, as the case may be, of the notifica- 26 tion of the subsidiary corporation relating to such project. Where the 27 city is required to pay the capital costs of the subsidiary corporation 28 pursuant to such agreement, serial bonds or capital notes may be issued 29 by the city, pursuant to the local finance law, to finance any such 30 costs. The subsidiary corporation shall submit timely requests for the 31 necessary capital funds to the city planning commission and the mayor of 32 the city; 33 8. From and after March first, nineteen hundred sixty-eight, no 34 substantial or general change in the levels of service furnished upon 35 the facilities of the subsidiary corporation shall be instituted except 36 upon not less than thirty days' written notice to the mayor and to the 37 [board of estimate] city council. 38 § 6. Section 1203-b of the public authorities law, as amended by 39 section 13 of part O of chapter 61 of the laws of 2000, is amended to 40 read as follows: 41 § 1203-b. Transfer of funds. The authority and its subsidiary corpo- 42 ration, the Manhattan and Bronx surface transit operating authority, may 43 each transfer to the other from time to time such available funds as 44 they may jointly determine to be necessary or desirable, including funds 45 accepted by the authority pursuant to the provisions of section twelve 46 hundred nineteen-a of this title. Subject to the rights of the holders 47 of any outstanding bonds, notes or other obligations of the authority, 48 the big apple transit authority, the metropolitan transportation author- 49 ity and the Triborough bridge and tunnel authority, and to facilitate 50 the efficient financial management of the authority, [its subsidiary51corporations] the big apple transit authority, the metropolitan trans- 52 portation authority and its subsidiary corporations, and the Triborough 53 bridge and tunnel authority (the "affiliated entities"), the authority 54 may, and shall at the direction of [metropolitan transportation] the big 55 apple transit authority, transfer revenues, subsidies and other monies 56 or securities to one or more funds or accounts of another affiliatedA. 2196 36 1 entity for use by such other affiliated entity, provided at the time of 2 such transfer it is reasonably anticipated that the monies and securi- 3 ties so transferred will be reimbursed, repaid or otherwise provided for 4 by the end of the next succeeding calendar year if reimbursement or 5 repayment is required by law or by any agreement to which any of the 6 affected affiliated entities is subject. Any revenues of an affiliated 7 entity that are transferred to another affiliated entity, which transfer 8 was not authorized by a provision of law other than this section, shall 9 be considered to be required to be repaid to the affiliated entity which 10 was the source of such revenues by the end of the next succeeding calen- 11 dar year following such transfer. 12 § 7. Subdivisions 11, 15 and 19 of section 1204 of the public authori- 13 ties law, subdivision 11 as amended by section 14 of part O of chapter 14 61 of the laws of 2000, subdivision 15 as amended by chapter 980 of the 15 laws of 1958 and subdivision 19 as added by section 15 of part O of 16 chapter 61 of the laws of 2000, are amended to read as follows: 17 11. To make or enter into contracts, agreements, deeds, leases, 18 conveyances or other instruments necessary or convenient, and to assist 19 and cooperate with the [metropolitan transportation] big apple transit 20 authority to carry out the powers of the [metropolitan transportation] 21 big apple transit authority in furtherance of the purposes and powers of 22 the authority as provided in this article, including, without limita- 23 tion, the transactions described in sections [twelve hundred24sixty-six-c] thirteen hundred forty-nine-j, [twelve hundred sixty-nine] 25 thirteen hundred forty-nine-u and [twelve hundred seventy-d] thirteen 26 hundred forty-nine-dd of this article. This power shall include the 27 power to make contracts with other persons operating transit facilities 28 for combined fares for the use of such facilities and the transit facil- 29 ities operated by the authority and for the division of such fares, and 30 the power to make contracts for the transportation of the United States 31 mail or personal property. 32 15. To exercise all requisite and necessary authority to manage, 33 control and direct the maintenance and operation of transit facilities 34 transferred to it for the convenience and safety of the public with 35 power, in its discretion, to extend, modify, discontinue, curtail, or 36 change routes or methods of transportation where the convenience and 37 safety of the public would be served thereby or where existing routes or 38 methods are inefficient or uneconomical; provided, however, that (except 39 in cases of emergencies) at least thirty days prior to any proposed 40 modification, discontinuance, curtailment or change of any transit route 41 or method of transportation, the authority shall give notice of its 42 intention to the [board of estimate] city council and shall, upon 43 request of such [board] council within such period, conduct a public 44 hearing thereon. 45 19. To invest any funds, accounts or other monies not required for 46 immediate use or disbursement, at the discretion of the authority, in 47 any of the investments in which the [metropolitan transportation] big 48 apple transit authority is permitted to invest its monies pursuant to 49 subdivision four of section [twelve hundred sixty-five] thirteen hundred 50 forty-nine-e of this article. 51 § 8. Subdivision 4 of section 1205 of the public authorities law, as 52 added by chapter 717 of the laws of 1967, is amended to read as follows: 53 4. From and after March first, nineteen hundred sixty-eight, no 54 substantial or general change in the levels of service furnished upon 55 the rapid transit facilities or the omnibus line facilities of theA. 2196 37 1 authority shall be instituted except upon not less than thirty days' 2 written notice to the mayor and to the [board of estimate] city council. 3 § 9. Section 1206-a of the public authorities law, as added by chapter 4 576 of the laws of 1972, is amended to read as follows: 5 § 1206-a. Transit construction fund. In addition to the powers 6 provided elsewhere in this title, and to effectuate the purposes of the 7 transit construction fund act, constituting title [nine-a] nine-A of 8 this article [five of this chapter], the authority or any subsidiary 9 may: (a) acquire and use any transit facility in accordance with the 10 terms and conditions of any sublease or other agreement with the transit 11 construction fund; (b) authorize the use by the transit construction 12 fund, either with or without compensation to the authority, of the 13 agents, employees and facilities of the authority; (c) make and execute 14 contracts, leases, subleases and all other instruments or agreements 15 deemed necessary or convenient including agreements with the [metropol-16itan transportation] big apple transit authority and the transit 17 construction fund; and (d) do any and all other things deemed necessary 18 or convenient. 19 § 10. Subdivision 1-a of section 1207-b of the public authorities law, 20 as amended by section 16 of part O of chapter 61 of the laws of 2000, is 21 amended to read as follows: 22 1-a. The authority may also issue its bonds, notes or other obli- 23 gations in such principal amounts as shall be necessary to finance the 24 construction, purchase, lease or acquisition of, or an equity interest 25 in, an office building located or to be constructed in the borough of 26 Brooklyn in the city, provided that (i) all or a portion of such build- 27 ing is intended to be occupied by the authority and that the board 28 shall, by resolution, have made findings that the sum of the capitalized 29 value of all payments due from the authority under such bonds, notes or 30 other obligations (not including any amounts attributable to principal 31 repayment) together with any rent payments for the space in such build- 32 ing to be occupied by the authority and of all payments required of the 33 authority under any related agreement does not exceed the capitalized 34 value of those payments which would be made in a conventional commercial 35 lease transaction for comparable space with an unrelated party and (ii) 36 not more than an insubstantial portion of any real property so financed 37 with the proceeds of bonds, notes, or other obligations is utilized by 38 other than the New York city transit authority or its designated subsid- 39 iary. The term "capitalized value" for the purposes of this subdivision 40 shall be computed in the manner set forth in subdivision four of section 41 twelve hundred seven-m of this title. The [metropolitan transportation] 42 big apple transit authority is hereby additionally authorized from time 43 to time to issue bonds for the purposes of refunding, redeeming or 44 otherwise paying, including paying by purchase or tender, bonds issued 45 by the authority for such purposes and to secure such bonds in the 46 manner set forth in section [twelve hundred sixty-nine] thirteen hundred 47 forty-nine-u of this article. 48 § 11. Section 1207-i of the public authorities law, as amended by 49 section 17 of part O of chapter 61 of the laws of 2000, is amended to 50 read as follows: 51 § 1207-i. Rates of fare while bonds, notes and other obligations are 52 outstanding. Notwithstanding the provisions of section twelve hundred 53 five of this title or the provisions of any other law to the contrary, 54 so long as the authority shall have outstanding and unpaid bonds, notes 55 or other obligations issued pursuant to section twelve hundred seven-b 56 of this title, or the big apple transit authority, or the metropolitanA. 2196 38 1 transportation authority or the Triborough bridge and tunnel authority 2 shall have outstanding and unpaid bonds, notes or other obligations 3 secured by or payable from, in whole or in part, the revenues, assets or 4 other monies of the authority or its subsidiary corporations, the 5 authority shall have the power at all times to fix or adjust the rate or 6 rates of fare to be charged for the use of any transit facility operated 7 by the authority as may, in the judgment of the board, be necessary to 8 produce sufficient revenues to pay, as the same shall become due, the 9 principal of and interest on such bonds, notes and other obligations of 10 the authority, the big apple transit authority, the metropolitan trans- 11 portation authority and the Triborough bridge and tunnel authority, 12 together with the maintenance of proper reserves therefor, in addition 13 to paying as the same shall become due the expenses of operation of the 14 authority. The authority, the big apple transit authority, the metropol- 15 itan transportation authority and the Triborough bridge and tunnel 16 authority, shall be authorized to contract with the holders of such 17 bonds notes and other obligations with respect to the exercise of the 18 power authorized by this section. In furtherance of the mandate of the 19 [metropolitan transportation] big apple transit authority to develop and 20 implement a unified mass transportation policy for the [metropolitan21commuter transportation district] city of New York and the exercise of 22 its powers, including the power to issue notes, bonds and other obli- 23 gations secured in whole or in part by the revenues of the authority and 24 its subsidiaries, the big apple transit authority and its subsidiaries, 25 the metropolitan transportation authority and its subsidiaries, and the 26 Triborough bridge and tunnel authority, the authority shall join with 27 the [metropolitan transportation] big apple transit authority in 28 connection with the establishment, levy and collection of fares, tolls, 29 rentals, rates, charges and other fees for the transportation of passen- 30 gers on any transit facilities operated by authority and its subsid- 31 iaries, including any changes thereto. 32 § 12. Subdivision 2 of section 1207-j of the public authorities law, 33 as added by chapter 655 of the laws of 1962, is amended to read as 34 follows: 35 2. The city, by resolution of the [board of estimate] city council or 36 by instruments authorized by such resolution, and the authority shall be 37 authorized to enter into an agreement for the renewal and extension of 38 the existing agreement of lease between the city and the authority for 39 such term of years as shall be agreed upon and in any such renewal and 40 extension agreement the authority may agree to such limitations upon the 41 exercise of the powers conferred upon it by sections twelve hundred 42 seven-a through twelve hundred seven-i, inclusive, as the authority in 43 its discretion shall approve. 44 § 13. Section 1207-m of the public authorities law, as added by chap- 45 ter 314 of the laws of 1981, subdivisions 2 and 8 as amended by chapter 46 988 of the laws of 1984, subparagraph (i) of paragraph (a) of subdivi- 47 sion 4 as amended by chapter 602 of the laws of 1984, paragraph (b) of 48 subdivision 7 as amended by chapter 558 of the laws of 1981, subdivision 49 11 as amended by section 18 of part O of chapter 61 of the laws of 2000 50 and subdivision 12 as added by chapter 929 of the laws of 1986, is 51 amended to read as follows: 52 § 1207-m. Transit projects. 1. The term "transit project" as used in 53 this section shall have the meaning given to such term from time to time 54 in section [twelve hundred sixty-six-c] thirteen hundred forty-nine-j of 55 this article. The provisions of this section shall be controlling and 56 the authority and its subsidiaries shall have the powers provided inA. 2196 39 1 this section notwithstanding any contrary provision of this title or of 2 local law or of any lease or other agreement with the city. 3 2. (a) The authority is hereby authorized to request the [metropolitan4transportation] big apple transit authority to undertake any transit 5 project and the authority and its designated subsidiaries are each here- 6 by authorized (i) to enter into agreements with the [metropolitan trans-7portation] big apple transit authority concerning transit projects; (ii) 8 to acquire in its own name by gift, purchase or condemnation any real or 9 personal property (or any interest therein) which is needed or useful 10 for or in connection with such project, and to surrender the use, occu- 11 pancy, control or possession of or to transfer the same, or any other 12 such real or personal property (or any interest therein) which it owns, 13 leases, operates or controls, to the [metropolitan transportation] big 14 apple transit authority or its designee; (iii) to accept a transfer, 15 transfer back, lease or sublease of any such project or part thereof 16 upon its completion; and (iv) to make its agents, employees and facili- 17 ties available to the [metropolitan transportation] big apple transit 18 authority in connection therewith. 19 (b) The authority and its subsidiary corporation is each hereby 20 authorized to sell or transfer, without regard as to how or from whom 21 acquired, all or part of its interest in any equipment which is deemed 22 to be a mass commuting vehicle under the United States internal revenue 23 code or the regulations thereunder, including, without limitation, any 24 of the same obtained as transit projects or obtained from or financed 25 with money received from the Triborough bridge and tunnel authority, for 26 such consideration and on such terms or conditions as it may deem appro- 27 priate, and to obtain a lease from the transferee on such terms and 28 conditions and for such period as it may deem appropriate pursuant to 29 which it may operate, use, control or possess such mass commuting vehi- 30 cle in furtherance of the statutory purposes of the authority and its 31 subsidiaries, provided (i) such lease contains an option to the authori- 32 ty or its subsidiary corporation to repurchase its interest at the expi- 33 ration of the scheduled lease term for nominal consideration, and (ii) 34 the aggregate of the regularly scheduled rental payments which the 35 authority or its subsidiary corporation is obligated to make pursuant to 36 such lease during each twelve month period of the lease term shall not 37 exceed the aggregate amount receivable, whether by principal or inter- 38 est, by the authority or its subsidiary corporation from its transferee 39 during each such twelve month period. Without limitation of the forego- 40 ing, any lease entered into pursuant hereto may also contain provisions 41 requiring the authority or its subsidiary corporation to indemnify the 42 transferee for any loss resulting from the loss or destruction of any 43 mass commuting vehicle which is the subject of such lease, or any loss 44 arising out of any misrepresentation, act, or omission of the authority 45 or its subsidiary in connection with such lease, and requiring the 46 authority or its subsidiary corporation to undertake to replace, repair 47 or restore any such mass commuting vehicle, but such obligations shall 48 not be deemed regularly scheduled rental payments for purposes of the 49 preceding sentence. Rental payments and other payments or costs incurred 50 by the authority or its subsidiary corporation in discharge of its obli- 51 gations under any lease entered into as hereinabove provided shall not 52 be deemed capital costs for the purposes of section twelve hundred three 53 or twelve hundred three-a of this title, and the considerations received 54 by the authority or its subsidiary corporation in connection with any 55 transactions entered into pursuant to the authorization of this para- 56 graph may be expended free of any restriction set forth in subparagraphA. 2196 40 1 (ii) of paragraph (b) of subdivision one of section twelve hundred three 2 or in paragraph (c) of subdivision five of section twelve hundred 3 three-a of this title. 4 (c) Neither the authority nor its subsidiary shall enter into any 5 transaction authorized by paragraph (b) of this subdivision unless the 6 following standards and procedures have been met: 7 (i) notice of intention to negotiate shall be published in at least 8 one newspaper of general circulation, and a copy thereof shall be mailed 9 to all parties who have requested notification from the authority or its 10 subsidiary to engage in transactions of this type. Such notice shall 11 describe the nature of the proposed transaction and the factors subject 12 to negotiation, which shall include, but not be limited to, the price to 13 be paid to the authority or its subsidiary; 14 (ii) the authority or its subsidiary shall negotiate with those 15 respondents whose response complies with the requirements set forth in 16 the notice; 17 (iii) the board of the authority or its subsidiary shall resolve on 18 the basis of particularized findings relevant to the factors negotiated 19 that such transaction will provide maximum available financial benefits, 20 consistent with other defined objectives and requirements. 21 (d) The authority and its subsidiary shall provide to the [governor,22the temporary president of the senate, the speaker of the assembly, the23minority leader of the senate and the minority leader of the assembly,] 24 mayor and speaker of the city council notice of each lease entered into 25 pursuant to paragraph (b) of this subdivision and supporting documenta- 26 tion of compliance by the authority and its subsidiary with subpara- 27 graphs (i), (ii) and (iii) of paragraph (c) of this subdivision. 28 (e) Paragraphs (c) and (d) of this subdivision shall be of no force 29 and effect with respect to any lease transaction entered into pursuant 30 to a commitment approved prior to January first, nineteen hundred eight- 31 y-five by the board of the authority or its subsidiary or the board of 32 the metropolitan transportation authority. 33 3. The authority and its designated subsidiaries are hereby author- 34 ized, in connection with any transit project, to pay or agree to pay, in 35 a manner and on terms and conditions satisfactory to the [metropolitan36transportation] big apple transit authority, any portion of the costs to 37 the [metropolitan transportation] big apple transit authority of such 38 transit project and the financing thereof which is not paid to the 39 [metropolitan transportation] big apple transit authority from any 40 federal, state or local aid or assistance or from any other moneys made 41 available or payable to the [metropolitan transportation] big apple 42 transit authority by others for such project. 43 4. (a) Such agreements with the [metropolitan transportation] big 44 apple transit authority may, without limitation, contain provisions 45 obligating the authority or its designated subsidiary to: 46 (i) issue its notes or bonds, or execute and deliver its lease, 47 sublease and other such contractual obligations, in payment for a trans- 48 fer, lease or sublease of a transit project to any of them, provided, 49 however, that in no event shall the aggregate principal amount of all 50 notes and bonds together with the capitalized value of all lease, 51 sublease and other such contractual obligations, exceed the sum of one 52 billion six hundred million dollars, excluding from such limitation (A) 53 the principal amount of any bonds or notes of the authority to the 54 extent the amount thereof is paid, is payable or has been agreed to be 55 paid by the federal government or any agency or instrumentality thereof 56 to the authority or to the holders of such bonds or notes, (B) the prin-A. 2196 41 1 cipal amount of any bonds or notes of the authority issued to refund or 2 otherwise repay other obligations issued for such transit projects, (C) 3 the principal amount of any bonds or notes and the capitalized value of 4 any lease, sublease or other such contractual obligation, to the extent 5 such obligations are paid or agreed to be paid, subject to annual appro- 6 priation, under service contracts issued by the state to the metropol- 7 itan transportation authority for the benefit of the authority or its 8 subsidiaries pursuant to the provisions of section sixteen of the trans- 9 portation systems assistance and financing act of 1981, or under any 10 similar contract of the metropolitan transportation authority or the 11 authority with any other governmental entity for the benefit of the 12 authority or its subsidiaries, (D) the principal amount of any bonds or 13 notes of the authority issued to the metropolitan transportation author- 14 ity or to the big apple transit authority in connection with the funding 15 of any debt service reserve fund required by any resolution of the 16 metropolitan transportation authority or of the big apple transit 17 authority pursuant to which special obligation bonds of that authority 18 to fund a transit project were issued, and (E) a principal amount of any 19 bonds or notes of the authority equal to the amount of any original 20 issue discount from the principal amount of the special obligation bonds 21 or notes issued by the metropolitan transportation authority or by the 22 big apple transit authority in connection with the financing of a trans- 23 it project by that authority; 24 (ii) give security for the payment of such notes, bonds, lease, 25 sublease or other contractual obligations, including a pledge of all or 26 any part of its revenues or other moneys, which pledge may contain 27 covenants with respect to the charging and fixing of fares, fees and 28 rentals, the use and disposition of such fares, fees, rentals and other 29 charges, and the setting aside of reserves therefrom. 30 (b) Such agreements, and any notes, bonds, lease, sublease or other 31 contractual obligations issued or entered into by the authority or its 32 designated subsidiary pursuant thereto, may, without limitation, also 33 contain provisions as to: 34 (i) limitations with respect to the use and disposition of transit 35 projects and with respect to any other transit facilities; 36 (ii) limitations on the issuance of additional bonds, notes, lease, 37 sublease or other contractual obligations, the terms upon which they may 38 be secured and the funding or refunding thereof; 39 (iii) with respect to bonds or notes, vesting in a trustee or trustees 40 such property rights, powers and duties in trust as it may determine, 41 which rights, powers and duties may include, but shall not be limited 42 to, those set forth in section twelve hundred seven-h of this title; 43 (iv) defining the acts or omissions to act which shall constitute a 44 default and providing rights and remedies in the event of default; 45 (v) any other matters, of like or different character, which in any 46 way affect the security or protection of the [metropolitan transporta-47tion] big apple transit authority or any lessor; and 48 (vi) consenting to the extending or assignment by the [metropolitan49transportation] big apple transit authority or by any lessor to the 50 holders of any of its bonds, notes or lease obligations of all of the 51 benefits and rights of the [metropolitan transportation] big apple tran- 52 sit authority or of such lessor provided by any such agreement or other 53 instrument. 54 (c) The term "revenues" as used in this subdivision shall include all 55 those moneys referred to in section twelve hundred of this [article]A. 2196 42 1 title, as well as all operating subsidies provided by any public benefit 2 corporation or by any governmental entity, federal, state or local. 3 (d) The term "capitalized value" as used in this subdivision shall 4 mean the present value of all future payments required under a lease, 5 sublease and other such contractual obligation discounted at a rate of 6 interest determined on the basis of the net interest cost of the last 7 [metropolitan transportation] big apple transit authority's special 8 obligation bonds issued prior to the execution of any such lease, 9 sublease or other contractual obligation or, if no such bonds have been 10 issued, on the basis of the net interest cost of the last bonds issued 11 by the Triborough bridge and tunnel authority, issued in payment for the 12 transfer, lease or sublease of any such transit projects. 13 5. It is the intention hereof that, subject to such agreements with 14 bondholders or noteholders as may then exist, any pledge of revenues or 15 other moneys made by the authority or its subsidiaries shall be valid 16 and binding from the time when the pledge is made; that the revenues or 17 other moneys so pledged and thereafter received by the authority or its 18 subsidiaries shall immediately be subject to the lien of such pledge 19 without any physical delivery thereof or further act, and that the lien 20 of any such pledge shall be valid and binding as against all parties 21 having claims of any kind in tort, contract or otherwise against the 22 authority or its subsidiaries irrespective of whether such parties have 23 notice thereof. Neither the agreement nor any other instrument by which 24 a pledge is created need be recorded. 25 6. So long as the authority or any of its subsidiaries shall have any 26 outstanding and unpaid obligation in connection with a transit project, 27 the authority and such subsidiaries shall have the power at all times to 28 fix or adjust the rate or rates of fares, fees, rentals or other charges 29 to be charged for the use of their transit facilities as may, together 30 with all other lawfully available moneys, be necessary in their judgment 31 to produce sufficient revenues to pay such obligations as the same 32 become due, in addition to paying as the same shall become due expenses 33 of operation of the transit facilities and satisfying all other obli- 34 gations of the authority and such subsidiaries. No acts or activities 35 taken or proposed to be taken by the authority pursuant to this subdivi- 36 sion shall be deemed to be "actions" for the purposes or within the 37 meaning of article eight of the environmental conservation law. 38 7. (a) In connection with (i) the lease between the city and the 39 authority dated June first, nineteen hundred fifty-three, and (ii) the 40 lease between the city and the Manhattan and Bronx surface transit oper- 41 ating authority dated March twentieth, nineteen hundred sixty-two (such 42 leases, as heretofore supplemented, amended or renewed, and the tenan- 43 cies originally created thereby, being referred to in this section as 44 "the existing leases"), the city, acting either by the mayor alone or by 45 resolution of the [board of estimate] city council, or by instruments 46 authorized by such resolution, and the authority are authorized to enter 47 into agreements for renewal or extension of the existing leases, or for 48 new leases, for such terms of years and upon such other terms and condi- 49 tions as the parties thereto shall agree and the [metropolitan transpor-50tation] big apple transit authority shall approve, provided that under 51 the terms thereof, the rights, privileges and obligations of the parties 52 are not inconsistent with the provisions of, or in derogation of the 53 powers of the authority all as provided in this title [nine of article54five of this chapter], and provided further that such agreements shall 55 in no way impair the rights or powers of the authority or the Manhattan 56 and Bronx surface transit operating authority to fulfill the terms ofA. 2196 43 1 any contract made by either of them with the holders of any of their 2 then outstanding bonds or notes, and such agreements shall provide that 3 such leases may not be terminated or permitted to expire or be amended 4 in any way inconsistent with the provisions of any agreement, bond, 5 note, lease, sublease or other contractual obligation given or made by 6 either of them in connection with a transit project. Neither the 7 provisions of section one hundred ninety-seven-c of the New York city 8 charter, relating to a uniform land use review procedure, nor the 9 provisions of any other local law of like or similar import shall apply 10 to the renewal or extension of the existing leases or to the making of 11 new leases as herein provided. 12 (b) Notwithstanding the provisions of any other law, general, special 13 or local, or the provisions of the existing leases, if either of the 14 agreements authorized by paragraph (a) [above] of this subdivision is 15 not entered into, but a note, bond, lease, sublease or other contractual 16 obligation for a transit project has been issued or entered into, then 17 (i) no party to an existing lease may terminate the same, serve any 18 notice of termination pursuant thereto, exercise any option to terminate 19 reserved therein or permit the expiration thereof, (ii) the city shall 20 not in any way limit or disturb any right of the tenant to use, occupy, 21 control and possess any of the properties, facilities or revenues which 22 are the subject of such existing lease, and (iii) the city shall not 23 seek to enforce such existing lease in any way inconsistent with or 24 contrary to the manner in which such existing lease had been adminis- 25 tered prior to the enactment of this section or inconsistent with or 26 contrary to the interests of the [metropolitan transportation] big apple 27 transit authority or any lessor under any agreement, notes, bonds, 28 lease, sublease or other contractual obligations of the authority or any 29 of its subsidiaries issued or entered into in connection with a transit 30 project (and to the extent the provisions of such leases conflict at any 31 time or in any manner with the provisions of any such note, bond, lease, 32 sublease or other contractual obligation, the provisions of such note, 33 bond, lease, sublease or other contractual obligation shall be control- 34 ling and conflicting provisions of the leases with the city shall be 35 disregarded), unless prior thereto the city has satisfied all of such 36 outstanding notes, bonds or other contractual obligations and provided 37 for the termination of all such agreements, leases and subleases, all in 38 accordance with their terms. If and to the extent moneys are paid by 39 the city to the authority or its subsidiaries to satisfy their obli- 40 gations to the [metropolitan transportation] big apple transit authority 41 under such instruments, the authority and such subsidiaries shall remit 42 such moneys to the [metropolitan transportation] big apple transit 43 authority, which shall, in turn, apply the same to the satisfaction and 44 termination of its own notes, bonds and leases issued or entered into in 45 connection with a transit project in accordance with their terms. 46 (c) Upon termination or expiration of a new lease or of a renewed or 47 extended existing lease as permitted in paragraph (a) of this subdivi- 48 sion, or upon satisfaction of the requirements of paragraph (b) of this 49 subdivision, title to any real or personal property (or any interest 50 therein) constituting all or any part of a transit project then vested 51 in the authority or any of its subsidiaries or the [metropolitan trans-52portation] big apple transit authority pursuant to the provisions of 53 this chapter shall be transferred without further consideration or 54 payment to the city. 55 8. The state of New York does hereby pledge to and agree with the 56 authority and its subsidiaries, the big apple transit authority and itsA. 2196 44 1 subsidiaries, and the metropolitan transportation authority and the 2 holders of bonds or notes or lease, sublease or other contractual obli- 3 gations issued by any of them in connection with a transit project or in 4 connection with the transfer of the interest of any of them in and the 5 lease from the transferee of any property furnished to it pursuant to 6 chapter twelve of the laws of nineteen hundred seventy-nine or section 7 fifteen of chapter three hundred fourteen of the laws of nineteen 8 hundred eighty-one, or in connection with any transaction entered into 9 pursuant to the authorization of paragraph (b) of subdivision two of 10 this section, that the state will not limit or alter the denial of 11 authority under subdivision eleven of this section, or the rights and 12 powers vested in the authority and its subsidiaries by this title to 13 fulfill the terms of any agreement made by any of them with the big 14 apple transit authority or the metropolitan transportation authority or 15 with such holders, or in any way impair their rights and remedies until 16 such agreements, bonds, notes, and obligations, together with the inter- 17 est thereon and all costs and expenses in connection with any action or 18 proceedings by or on behalf of the big apple transit authority or the 19 metropolitan transportation authority or such holders, are fully met and 20 discharged. The authority and its subsidiaries are each authorized to 21 include this pledge and the agreement of the state in any agreement with 22 the holders of such bonds or notes or lease, sublease or other obli- 23 gations and in any agreement with the big apple transit authority or the 24 metropolitan transportation authority relating to a transit project 25 which may extend the same to the holders of its bonds, notes and lease 26 obligations. 27 9. The provisions of this section and of all agreements undertaken by 28 the authority or any of its subsidiaries in accordance therewith shall 29 in all respects be subject to the rights of the holders of any outstand- 30 ing bonds or notes of the authority and its subsidiaries. 31 10. In connection with the negotiation, award and implementation of 32 contracts of the authority relating to transit projects, the provisions 33 of [paragraphs (a), (b), (c) and (d) of subdivision] subdivisions thir- 34 teen and fourteen of section [twelve hundred sixty-six-c] thirteen 35 hundred forty-nine-j of this article shall apply to the authority as if 36 it were the "authority" referred to therein, and the [officer designated37by the metropolitan transportation authority pursuant to paragraph (e)38of such subdivision] division of minority and women's business develop- 39 ment, established pursuant to article fifteen-A of the executive law, 40 shall perform the duties therein described with respect to such 41 contracts of the authority. 42 11. So long as the authority or any of its subsidiaries, the big apple 43 transit authority, or the metropolitan transportation authority, shall 44 have outstanding any notes, bonds, lease, sublease or other contractual 45 obligations authorized by this section or section [twelve hundred46sixty-six-c] thirteen hundred forty-nine-j or [twelve hundred sixty-47nine] thirteen hundred forty-nine-u of this article, or which have been 48 issued or incurred in connection with the transfer of the interest of 49 any of them in and the lease from the transferee of any property 50 furnished pursuant to chapter twelve of the laws of nineteen hundred 51 seventy-nine or section fifteen of chapter three hundred fourteen of the 52 laws of nineteen hundred eighty-one, neither the authority nor any of 53 its subsidiaries shall have the authority to file a voluntary petition 54 under chapter nine of the federal bankruptcy code, or such corresponding 55 chapter, chapters, or sections as may, from time to time, be in effect, 56 and neither any public officer nor any organization, entity or otherA. 2196 45 1 person shall authorize the authority or any of its subsidiaries to be or 2 become a debtor under said chapter nine or said corresponding chapter, 3 chapters or sections during any such period. 4 12. A project financed by the authority's issuance of its bonds, notes 5 or other obligations, pursuant to subdivision [one-a] two of section 6 [twelve hundred seven-b] thirteen hundred forty-nine-u of this title 7 shall be deemed to constitute a transit project for the purposes of this 8 section and any notes, bonds, lease, sublease or other contractual obli- 9 gations with respect to such project shall, for purposes of this 10 section, be deemed to have been authorized by this section; provided, 11 however, that such project shall not be deemed to constitute part of any 12 capital program plan for the purposes of section [twelve hundred sixty-13nine-b] thirteen hundred forty-nine-v of this article nor shall the 14 principal amounts of any bonds or notes, nor the capitalized value of 15 any lease, sublease, or other contractual obligation of the authority, 16 issued or entered into by the authority pursuant to [such] subdivision 17 [one-a] two of section thirteen hundred forty-nine-u of this title, be 18 included in any computation pursuant to subdivision four of this 19 section. 20 § 14. The opening paragraph of subdivision 4, paragraph (c) of subdi- 21 vision 5 and subdivision 11 of section 1209 of the public authorities 22 law, the opening paragraph of subdivision 4 as added by chapter 430 of 23 the laws of 1983, paragraph (c) of subdivision 5 as added by chapter 383 24 of the laws of 1985 and subdivision 11 as added by chapter 929 of the 25 laws of 1986, are amended to read as follows: 26 Notwithstanding the provisions of subdivision two of this section, a 27 contract for the purchase of omnibuses or components of omnibuses in 28 furtherance or implementation of a capital program plan approved pursu- 29 ant to section [twelve hundred sixty-nine-b] thirteen hundred forty- 30 nine-v of this article may also be awarded by the authority by negoti- 31 ation without competitive bidding provided the following standards and 32 procedures are complied with: 33 (c) Any contract entered into pursuant to this subdivision shall 34 comply with the requirements of subdivision thirteen of section [twelve35hundred sixty-six-c] thirteen hundred forty-nine-j of this article. 36 11. The authority shall compile a list of potential sources of 37 supplies, materials or equipment regularly purchased. The authority 38 shall, by resolution, set forth the procedures it has established to 39 identify new sources and to notify such new sources of the opportunity 40 to bid for contracts for the purchase of supplies, materials or equip- 41 ment. Such procedures shall include, but not be limited to: (a) adver- 42 tising in trade journals; (b) cooperation with federal, state and local 43 agencies within its area of operations; (c) publication in the state 44 register quarterly; and (d) procedures established pursuant to subdivi- 45 sion thirteen of section [twelve hundred sixty-six-c] thirteen hundred 46 forty-nine-j of this article. 47 § 15. Subdivision 3 and paragraphs b and i of subdivision 4 of section 48 1209-a of the public authorities law, as amended by chapter 460 of the 49 laws of 2015, are amended to read as follows: 50 3. Jurisdiction. The bureau shall have, with respect to acts or inci- 51 dents in or on the transit facilities of the authority committed by or 52 involving persons who are sixteen years of age or over, or with respect 53 to acts or incidents occurring on omnibuses owned or operated by the 54 [metropolitan transportation] big apple transit authority or a subsid- 55 iary thereof, and with respect to violation of toll collection regu- 56 lations of the [triborough] Triborough bridge and tunnel authority asA. 2196 46 1 described in section twenty-nine hundred eighty-five of this chapter, 2 non-exclusive jurisdiction over violations of: (a) the rules which may 3 from time to time be established by the authority under subdivision 4 five-a of section twelve hundred four of this [chapter] title; (b) arti- 5 cle one hundred thirty-nine of the health code of the city of New York, 6 as it may be amended from time to time, relating to public transporta- 7 tion facilities; (c) article four of the noise control code of the city 8 of New York, as it may be amended from time to time, insofar as it 9 pertains to sound reproduction devices; (d) the rules and regulations 10 which may from time to time be established by the [triborough] Tribor- 11 ough bridge and tunnel authority in accordance with the provisions of 12 section twenty-nine hundred eighty-five of this chapter; and (e) rules 13 and regulations which may from time to time be established by the 14 [metropolitan transportation] big apple transit authority or a subsid- 15 iary thereof in accordance with the provisions of section [twelve16hundred sixty-six] thirteen hundred forty-nine-h of this [chapter] arti- 17 cle. Matters within the jurisdiction of the bureau except violations of 18 the rules and regulations of the [triborough] Triborough bridge and 19 tunnel authority shall be known for purposes of this section as transit 20 infractions. Nothing herein shall be construed to divest jurisdiction 21 from any court now having jurisdiction over any criminal charge or traf- 22 fic infraction relating to any act committed in a transit or toll facil- 23 ity, or to impair the ability of a police officer to conduct a lawful 24 search of a person in a transit facility. The criminal court of the city 25 of New York shall continue to have jurisdiction over any criminal charge 26 or traffic infraction brought for violation of the rules of the authori- 27 ty, the [triborough] Triborough bridge and tunnel authority or the 28 [metropolitan transportation] big apple transit authority or a subsid- 29 iary thereof, as well as jurisdiction relating to any act which may 30 constitute a crime or an offense under any law of the state of New York 31 or any municipality or political subdivision thereof and which may also 32 constitute a violation of such rules. The bureau shall have concurrent 33 jurisdiction with the environmental control board and the administrative 34 tribunal of the department of health over the aforesaid provisions of 35 the health code and noise control code of the city of New York. 36 b. To impose civil penalties not to exceed a total of one hundred 37 fifty dollars for any transit infraction within its jurisdiction, in 38 accordance with a penalty schedule established by the authority or the 39 [metropolitan transportation] big apple transit authority or a subsid- 40 iary thereof, as applicable, except that penalties for violations of the 41 health code of the city of New York shall be in accordance with the 42 penalties established for such violations by the board of health of the 43 city of New York, and penalties for violations of the noise code of the 44 city of New York shall be in accordance with the penalties established 45 for such violations by law, and civil penalties for violations of the 46 rules and regulations of the [triborough] Triborough bridge and tunnel 47 authority shall be in accordance with the penalties established for such 48 violations by section twenty-nine hundred eighty-five of this chapter; 49 i. To accept payment of penalties and to remit same to the authority 50 or the [metropolitan transportation] big apple transit authority or a 51 subsidiary thereof, as applicable; and 52 § 16. Section 1213 of the public authorities law, as amended by chap- 53 ter 838 of the laws of 1983, is amended to read as follows: 54 § 1213. Report. Copies of the annual report required to be made and 55 submitted pursuant to section twenty-eight hundred of this chapter alsoA. 2196 47 1 shall be submitted to the mayor, comptroller and [board of estimate] 2 city council. 3 § 17. Section 1219-a of the public authorities law, as amended by 4 section 19 of part O of chapter 61 of the laws of 2000, is amended to 5 read as follows: 6 § 1219-a. Transfer and receipt of surplus funds. 1. Notwithstanding 7 any provision of this title or any other provision of law, general, 8 special or local, the authority may from time to time transfer and pay 9 over to the metropolitan transportation authority, the big apple transit 10 authority or [triborough] the Triborough bridge and tunnel authority all 11 or any part of its surplus funds; and may accept and use any moneys 12 transferred and paid over to it by the metropolitan transportation 13 authority, the big apple transit authority or [triborough] the Tribor- 14 ough bridge and tunnel authority. 15 2. Notwithstanding the provisions of [the preceding] subdivision one 16 of this section: 17 (a) If the city shall have provided in its capital budget for its 18 fiscal year beginning July first, nineteen hundred sixty-eight the 19 amount of one hundred million dollars, or such lesser amount as shall 20 have been requested by the authority for inclusion in such budget, for 21 the payment of the capital cost of projects requested by the authority 22 pursuant to section twelve hundred three of this title, then upon the 23 written request of the mayor made within thirty days after the commence- 24 ment of such fiscal year, [triborough] the Triborough bridge and tunnel 25 authority shall transfer to the authority, by lump sum payment or 26 installments at such time or times and in such amounts as the mayor 27 shall elect, all or such part of the surplus funds of [triborough] the 28 Triborough bridge and tunnel authority on hand as of the last day of its 29 last fiscal year ending prior to such request as the mayor shall speci- 30 fy, which funds shall be applied by the authority solely to the payment 31 of its expenses of operation. If the city shall have provided in its 32 capital budget for any of its next four fiscal years, commencing with 33 the fiscal year beginning July first, nineteen hundred sixty-nine, the 34 amount of one hundred million dollars, or such lesser amount as shall 35 have been requested by the authority for inclusion in such budget, for 36 the payment of the capital cost of projects requested by the authority 37 pursuant to section twelve hundred three of this title, then upon the 38 written request of the mayor made within thirty days after the commence- 39 ment of such fiscal year, [triborough] the Triborough bridge and tunnel 40 authority shall transfer to the authority solely for application to the 41 payment of expenses of operation of the authority the operating surplus 42 of [triborough] the Triborough bridge and tunnel authority for its last 43 fiscal year ending prior to such request, which transfer shall also be 44 by lump sum payment or installments at such time or times and in such 45 amounts as the mayor shall elect. Projects shall be eligible for inclu- 46 sion in a computation made hereunder only if included in a capital budg- 47 et on the first day of the fiscal year for which it is adopted. A 48 carry-over project shall not be eligible for inclusion unless it was 49 first included in a capital budget by way of an amendment thereto, in 50 which event it shall be eligible for inclusion in a computation made 51 hereunder with respect to the first fiscal year of the city commencing 52 after the adoption of the amendment. 53 (b) Promptly upon the making of the certification of its operating 54 surplus, if any, for its fiscal year ending December thirty-first, nine- 55 teen hundred seventy-two and for each of its subsequent fiscal years, 56 [triborough] the Triborough bridge and tunnel authority, at the direc-A. 2196 48 1 tion of [metropolitan transportation] the big apple transit authority, 2 shall transfer such operating surplus (1) to the [metropolitan transpor-3tation] big apple transit authority for deposit into one or more funds 4 or accounts to be used as contemplated by section [twelve hundred seven-5ty-d] thirteen hundred forty-nine-dd of this article, or (2) to the 6 authority and the [metropolitan transportation] big apple transit 7 authority solely for application to the payment of the expenses of oper- 8 ation. [For purposes of determining the proportional allocation of the9operating surplus as between the authority and the metropolitan trans-10portation authority, the following formula shall apply: (i) twenty-four11million dollars plus fifty percentum of the balance of such operating12surplus shall be allocable to the authority, and (ii) the remainder13shall be allocable to metropolitan transportation authority on behalf of14the commuter railroads operated by it, by its subsidiary corporations or15by others under joint arrangements.] 16 (c) The Triborough bridge and tunnel authority is authorized, at the 17 direction of the [metropolitan transportation] big apple transit author- 18 ity, from time to time to make advances from available funds on account 19 of the operating surplus it anticipates will or may be certified and 20 transferred as provided in this subdivision to (1) the [metropolitan21transportation] big apple transit authority for deposit into one or more 22 funds or accounts to be used as contemplated by section [twelve hundred23seventy-d] thirteen hundred forty-nine-dd of this article, or (2) the 24 authority and the [metropolitan transportation] big apple transit 25 authority solely for application to the payment of the expenses of oper- 26 ation. In the event that advances so made in respect of any fiscal year 27 including the year in which the surpluses are being earned exceed the 28 amounts required to be transferred to the authority and [metropolitan29transportation] the big apple transit authority pursuant to the 30 provisions of this subdivision, then the amount of any such excess shall 31 be refunded to [triborough] the Triborough bridge and tunnel authority 32 by the authority or [metropolitan transportation] the big apple transit 33 authority, as the case may be, within thirty days of the making by 34 [triborough] the Triborough bridge and tunnel authority of its certif- 35 ication of operating surplus for such fiscal year. 36 (d) For the purposes of this subdivision, the existence and the amount 37 of surplus funds and operating surplus of [triborough] the Triborough 38 bridge and tunnel authority shall be determined in accordance with the 39 provisions of subdivision twelve of section five hundred fifty-three of 40 this chapter. 41 (e) The Triborough bridge and tunnel authority shall certify to the 42 mayor and to the chairman of [metropolitan transportation] the big apple 43 transit authority within ninety days after the end of its fiscal year 44 ending December thirty-first, nineteen hundred sixty-seven, and within 45 forty-five days after the end of each of its subsequent fiscal years, 46 the amount of its operating surplus for that year and, in the case of 47 the fiscal year ending December thirty-first, nineteen hundred sixty- 48 seven, the amount of all of its surplus funds on hand as of the last day 49 of such fiscal year. 50 (f) No transfer of funds shall be made to the authority pursuant to 51 any provision of this section at any time when there shall have been 52 pending and not acted upon by the mayor for ninety days any request of 53 the authority for permission to expend or contract to expend funds for a 54 project included in a capital budget for transit facility purposes. 55 There shall be excluded from such ninety-day period any time duringA. 2196 49 1 which the mayor is prevented from acting by order of court or by opera- 2 tion of law. 3 [3. Notwithstanding the preceding subdivisions of this section, for4purposes of determining the proportional allocation of the operating5surplus of the Triborough bridge and tunnel authority between the6authority and the metropolitan transportation authority the following7formula shall be used: An amount equal to the debt service incurred in8such year as a result of the bonds issued to provide facilities pursuant9to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of section10five hundred fifty-three of this chapter shall be added to the operating11surplus of the Triborough bridge and tunnel authority, as certified by12that authority. The sum of these figures shall then be allocated to the13authority and the commuter railroads operated by metropolitan transpor-14tation authority or by its subsidiary corporations, pursuant to the15formula contained in paragraph (b) of subdivision two of this section as16if this amount were the operating surplus of the Triborough bridge and17tunnel authority. The amounts so allocated to the authority and the18commuter railroads operated by metropolitan transportation authority or19by its subsidiary corporations, shall then be reduced respectively by20the proportional amount of the debt service, incurred in such year by21the Triborough bridge and tunnel authority pursuant to paragraphs (m),22(n), (o), (p) and (r) of subdivision nine of section five hundred23fifty-three of this chapter, reasonably attributable to the payments for24transit projects undertaken for the authority and its subsidiaries and25transportation facility projects undertaken for the commuter railroads26operated by the metropolitan transportation authority or by its subsid-27iary corporations. The remaining amounts shall constitute the respective28allocation of operating surplus for the authority and the commuter rail-29roads operated by the metropolitan transportation authority or by its30subsidiary corporations.] 31 § 18. This act shall take effect January 1, 2024. 32 PART C 33 Section 1. Section 551 of the public authorities law is amended by 34 adding two new subdivisions 11 and 12 to read as follows: 35 11. The term "big apple transit authority" shall mean the corporation 36 created by title eleven-E of this article. 37 12. The term "city council" shall mean the city council of the city of 38 New York. 39 § 2. Subdivisions 1 and 2 of section 552 of the public authorities 40 law, subdivision 1 as amended by chapter 506 of the laws of 2009 and 41 subdivision 2 as amended by section 1 of part O of chapter 61 of the 42 laws of 2000, are amended to read as follows: 43 1. A board, to be known as "Triborough bridge and tunnel authority" is 44 hereby created. Such board shall be a body corporate and politic consti- 45 tuting a public benefit corporation. It shall consist of seventeen 46 members, all serving ex officio. Those members shall be the persons who 47 from time to time shall hold the offices of chairman and members of 48 [metropolitan transportation] the big apple transit authority. The 49 chairman of such board shall be the chairman of [metropolitan transpor-50tation] the big apple transit authority, serving ex officio, and, 51 provided that there is an executive director of the [metropolitan trans-52portation] big apple transit authority, the executive director of the 53 authority shall be the executive director of the [metropolitan transpor-54tation] big apple transit authority, serving ex officio. NotwithstandingA. 2196 50 1 any provision of law to the contrary, the chairman shall be the chief 2 executive officer of the authority and shall be responsible for the 3 discharge of the executive and administrative functions and powers of 4 the authority. The chairman and executive director, if any, each shall 5 be empowered to delegate his or her functions and powers to the execu- 6 tive officer of the Triborough bridge and tunnel authority or to such 7 person as may succeed to the powers and duties of said executive offi- 8 cer. The chairman and other members of the board hereby created, and the 9 executive director, if any, shall not be entitled to compensation for 10 their services hereunder but shall be entitled to reimbursement for 11 their actual and necessary expenses incurred in the performance of their 12 official duties. 13 2. A majority of the whole number of members of the authority then in 14 office shall constitute a quorum for the transaction of any business or 15 the exercise of any power of the authority. Except as otherwise speci- 16 fied in this title for the transaction of any business or the exercise 17 of any power of the authority, the authority shall have the power to act 18 by a majority vote of the members present at any meeting at which a 19 quorum is in attendance and except further, that in the event of a tie 20 vote the chairman shall cast one additional vote. For the purposes of 21 the voting and quorum requirements of this subdivision, the voting and 22 quorum requirements set forth in [subdivision three of section twelve23hundred sixty-three] subdivision three of section thirteen hundred 24 forty-nine-c of this chapter and in any by-law of the [metropolitan25transportation] big apple transit authority adopted pursuant to the 26 provisions of such subdivision shall be applicable hereto. Such board 27 and its corporate existence shall continue only for a period of five 28 years and thereafter until all its liabilities have been met and its 29 bonds, notes and other obligations have been paid in full or such 30 liabilities or bonds, notes or other obligations have otherwise been 31 discharged, including bonds, notes or other obligations issued by the 32 metropolitan transportation authority that are payable in whole or in 33 part by revenues of the authority. When all liabilities incurred by the 34 authority of every kind and character have been met and all its bonds, 35 notes and other obligations have been paid in full, including bonds, 36 notes or other obligations issued by the metropolitan transportation 37 authority that are payable in whole or in part by revenues of the 38 authority, or such liabilities or bonds, notes or other obligations have 39 otherwise been discharged, all rights and properties of the authority 40 shall pass to and be vested in the city, except those rights and proper- 41 ties held by it relating to the convention center which shall pass to 42 and be vested in the state. The authority shall retain full jurisdiction 43 and control over all its projects, with the right and duty, subject to 44 the limitations of subdivision nine of section five hundred fifty-two-a 45 of this title, to charge tolls and collect revenues therefrom, for the 46 benefit of the holders of any of its bonds, notes or other obligations 47 or other liabilities, even if not issued or incurred in connection with 48 the project. Upon the authority's ceasing to exist all its remaining 49 rights and properties shall pass to the city, except those rights and 50 properties held by it relating to the convention center which shall pass 51 to the state. 52 § 3. Subdivisions 4-a, 4-b and 7-a, paragraphs (k), (o), (p) and (r) 53 of subdivision 9 and subdivisions 12, 13, 14, 17, 20 and 21 of section 54 553 of the public authorities law, subdivision 4-a as added by chapter 55 954 of the laws of 1946, subdivision 4-b as amended by section 2, subdi- 56 vision 12 as amended by section 3, subdivision 17 as amended by sectionA. 2196 51 1 4 and subdivision 21 as added by section 5 of part O of chapter 61 of 2 the laws of 2000, subdivision 7-a as amended by section 7 of subpart B 3 of part ZZZ of chapter 59 of the laws of 2019, paragraph (k) of subdivi- 4 sion 9 as added by chapter 806 of the laws of 1955, paragraphs (o) and 5 (p) of subdivision 9 as added by chapter 369 of the laws of 1979, para- 6 graph (r) of subdivision 9 as added by chapter 314 of the laws of 1981, 7 subdivision 13 as amended by chapter 576 of the laws of 1964, subdivi- 8 sion 14 as amended by chapter 874 of the laws of 1939 and subdivision 20 9 as added by chapter 929 of the laws of 1986, are amended to read as 10 follows: 11 4-a. Whenever any real property is determined by the authority to be 12 unnecessary for its corporate purpose. 13 (a) to surrender such real property to the [board of estimate of the] 14 city council for other public use or purpose of such city, or 15 (b) to sell and convey or lease in behalf of such city any real prop- 16 erty acquired by the city at the expense of the authority. The proceeds 17 of any such sale or lease shall be paid to the authority and applied to 18 its corporate purpose. Any such lease shall run for a term not to exceed 19 ten years, and a renewal thereof for a term not to exceed ten years. 20 4-b. To apply for and receive and accept grants of property, money and 21 services and other assistance offered or made available to it by any 22 person, government or agency whatever, which it may use to meet capital 23 or operating expenses and for any other use within the scope of its 24 powers, and to negotiate for the same upon such terms and conditions as 25 the authority may determine to be necessary, convenient or desirable. 26 Subject to the rights of the holders of any outstanding bonds, notes or 27 other obligations of the authority, the metropolitan transportation 28 authority, the big apple transit authority and the New York city transit 29 authority, and to facilitate the efficient financial management of the 30 authority, the metropolitan transportation authority, the big apple 31 transit authority, its subsidiary corporations, and the New York city 32 transit authority and its subsidiary corporations (the "affiliated enti- 33 ties"), the authority may, and may permit and direct any affiliated 34 entity to, transfer revenues, subsidies and other monies or securities 35 to one or more funds or accounts of another affiliated entity for use by 36 such other affiliated entity, provided at the time of such transfer it 37 is reasonably anticipated that the monies and securities so transferred 38 will be reimbursed, repaid or otherwise provided for by the end of the 39 next succeeding calendar year if reimbursement or repayment is required 40 by law or by any agreement to which any of the affected affiliated enti- 41 ties is subject. Any revenues of an affiliated entity that are trans- 42 ferred to another affiliated entity, which transfer was not authorized 43 by a provision of law other than this subdivision, shall be considered 44 to be required to be repaid to the affiliated entity which was the 45 source of such revenues by the end of the next succeeding calendar year 46 following such transfer. 47 7-a. Notwithstanding any inconsistent provision of law, the bridge and 48 tunnel officers employed by the authority shall have the power to issue 49 simplified traffic informations for traffic infractions as defined in 50 section one hundred fifty-five of the vehicle and traffic law, committed 51 on the sites owned, operated and maintained by the [triborough] Tribor- 52 ough bridge and tunnel authority, such informations to be administered 53 pursuant to the provisions of chapter two of title [A of chapter forty] 54 nineteen of the administrative code of the city of New York or article 55 two-A of the vehicle and traffic law, as applicable and also shall have 56 the power to issue notices of violation for transit infractions commit-A. 2196 52 1 ted in and about any or all of the facilities, equipment or real proper- 2 ty owned, occupied or operated by the [metropolitan transportation] big 3 apple transit authority or its subsidiaries and the New York city trans- 4 it authority and its subsidiaries, as provided and in accordance with 5 section twelve hundred nine-a of this chapter. Nothing set forth in this 6 subdivision shall be construed to impede, infringe or diminish the 7 rights and benefits that accrue to employees and employers through 8 collective bargaining agreements, or impact or change an employee's 9 membership in a bargaining unit. 10 (k) Subject to and in accordance with all contract provisions with 11 respect to any bonds and the rights of the holders of bonds, a vehicular 12 bridge across the East river between the boroughs of the Bronx and 13 Queens, east of the Bronx-Whitestone bridge, together with such inci- 14 dental bridges and other structures, appurtenances, facilities and 15 approaches as shall be necessary or convenient (herein collectively 16 referred to as the "Throgs Neck bridge project"). With the consent of 17 the United States of America, the Throgs Neck bridge project or a 18 portion thereof, if deemed necessary or convenient by the authority, may 19 be constructed upon or pass over any part of the military reservation 20 known as Fort Schuyler and owned by the United States of America. No 21 lands, easements or rights in land shall be acquired by the authority 22 for the purposes of this paragraph without the prior consent of the 23 [board of estimate of the] city council. 24 [(o) Subject to section five hundred fifty-three-c of this title, the25acquisition of new diesel self-propelled railroad passenger cars and the26transfer of the same to the metropolitan transportation authority, for a27nominal consideration, for use on commuter railroads owned or controlled28by the metropolitan transportation authority. The authority shall have29no obligation to operate, repair, maintain or reconstruct such cars30subsequent to their acquisition and transfer, nor shall it be liable to31the metropolitan transportation authority by reason of any warranty,32express or implied, in respect of such cars. Manufacturers or other33warranties furnished to the authority in connection with the purchase of34such cars shall be assigned to the metropolitan transportation authority35for enforcement.36(p) Subject to section five hundred fifty-three-c of this title, the37acquisition of land in the name of the authority in the vicinity of Penn38Station in the city of New York and/or the improvement of such land for39the benefit of the Long Island Rail Road for a lay-up yard and other40railroad purposes and the transfer of the said land and any improvements41thereon to the metropolitan transportation authority, parent corporation42of the said railroad, for a nominal consideration. The authority shall43have no obligation to operate, repair, maintain or reconstruct such land44or its improvements subsequent to such transfer.] 45 (r) In its discretion and subject to and in accordance with all 46 contract provisions with respect to any bonds and the rights of the 47 holders of bonds, at the request of the New York city transit authority 48 or the [metropolitan transportation] big apple transit authority, (i) 49 the planning for and the design, acquisition, construction, improvement, 50 reconstruction or rehabilitation, in the name of the authority, of any 51 capital asset, whether in the nature of personal or real property (or 52 any interest therein) which is used or useful for a transit or transpor- 53 tation purpose other than a marine or aviation purpose of the requesting 54 authority or its designated subsidiary (and in the case of such assets 55 then owned, operated by or under lease to the requesting authority or 56 its designated subsidiary, the receipt by the authority of the use,A. 2196 53 1 occupancy, control or possession of such assets for the purpose of plan- 2 ning, designing, constructing, improving, reconstructing or rehabilitat- 3 ing the same) and the transfer or transfer back of such asset to the 4 requesting authority, its designated subsidiary or other designee for a 5 nominal consideration upon its acquisition or upon the completion of 6 such improvement, construction, reconstruction or rehabilitation; or, 7 alternatively or in combination with the foregoing, (ii) the making of 8 capital grants to the requesting authority or its designated subsidiary 9 to permit it to undertake and to finance such planning, design, acquisi- 10 tion, improvement, construction, reconstruction or rehabilitation, or, 11 alternatively or in combination with the foregoing, (iii) the financing 12 of all or any part of the costs to the authority or to any other person 13 or entity, public or private, of such planning, design, acquisition, 14 construction, improvement, reconstruction or rehabilitation of any such 15 capital asset through or accompanied by a leasing of the asset by such 16 person or entity to the authority or through or accompanied by a sale by 17 the authority to any such person or entity and leaseback to the authori- 18 ty, in each case for subleasing to the requesting authority, its desig- 19 nated subsidiary or other designee for a nominal rental, except that 20 such leasing or leaseback from such person or entity may be directly to 21 the requesting authority or its designated subsidiary or other designee, 22 for consideration, with the consent and at the expense of the authority. 23 The foregoing authorization shall extend to and include the continuation 24 of projects enumerated in paragraphs (m)[,] and (n)[, (o) and (p)] of 25 this subdivision without regard to any limitations set forth in section 26 five hundred fifty-three-c of this title. The authority shall have no 27 obligation to operate or, except as may otherwise be provided in any 28 lease to which it may be a party as aforesaid, repair or maintain any 29 capital asset after its acquisition, construction, improvement, recon- 30 struction or rehabilitation and subsequent transfer, lease or sublease, 31 nor shall it be liable to the transferee, lessee or sublessee by reason 32 of any warranty, express or implied, in respect thereof. Warranties 33 furnished in connection with such acquisition, improvement, 34 construction, reconstruction or rehabilitation shall be assignable and 35 assigned as directed by the requesting authority and approved by the 36 authority. 37 12. To charge tolls, fees or rentals for the use of the project, 38 subject to and in accordance with such agreement with bondholders as may 39 be made as hereinafter provided. The toll rates charged for the use of 40 either the Triborough or Whitestone bridge project shall, however, never 41 be less than the toll rates charged for the use of the other, and this 42 clause shall be deemed an obligation to the holders of any and all bonds 43 at any time issued secured by the revenues of said projects. Subject to 44 contracts with bondholders, all tolls and other revenues derived from 45 any project shall be applied to the payment of operating, administration 46 and other necessary expenses of the authority properly chargeable to 47 such project and thereafter to the payment of interest or principal of 48 bonds or for making sinking fund payments for bonds, not otherwise 49 adequately provided for, whether issued in connection with such project 50 or any other project. It is the intention hereof that surplus funds from 51 any project remaining after providing for the payment of all operating, 52 administration and other necessary expenses of the authority and all 53 contract provisions with respect to any bonds, may be used to meet obli- 54 gations incurred for other projects and if not so used or reserved for 55 such use shall, at the discretion of [metropolitan transportation] the 56 big apple transit authority, be transferred to [metropolitan transporta-A. 2196 54 1tion] the big apple transit authority or the New York city transit 2 authority pursuant to section five hundred sixty-nine-c of this title. 3 Subject to contracts with bondholders, the authority may treat one or 4 more projects as a single enterprise in respect of revenues, expenses, 5 the issuance of bonds, maintenance, operation or other purposes; 6 13. To construct and maintain over, under, along or across the project 7 telephone, telegraph, or electric wires and cables, gas mains, water 8 mains and other mechanical equipment not inconsistent with the appropri- 9 ate use of the project, to contract for such construction and to lease 10 the right to construct and/or use the same on such terms and for such 11 considerations as it shall determine, provided, however, that no lease 12 shall be made except with the approval of the [board of estimate of the] 13 city council, or for a period of more than twenty years from the date 14 when it is made; 15 14. To construct and maintain facilities for the public, not incon- 16 sistent with the use of the project, to contract for such construction, 17 and to lease the right to construct and/or use such facilities on such 18 terms and for such considerations as it shall determine, provided, 19 however, that no lease shall be made for a period of more than five 20 years from the date when it is made except with the approval of the 21 [board of estimate of the] city council; 22 17. To do all things necessary or convenient to carry out the powers 23 expressly given in this title and to assist and cooperate with the 24 [metropolitan transportation] big apple transit authority to carry out 25 the powers of the [metropolitan transportation] big apple transit 26 authority in furtherance of the purposes and powers of the authority as 27 provided in this article, including, without limitation, the trans- 28 actions described in sections [twelve hundred sixty-six-c] thirteen 29 hundred forty-nine-j, [twelve hundred sixty-nine] thirteen hundred 30 forty-nine-u, and [twelve hundred seventy-d] thirteen hundred forty- 31 nine-dd of this chapter. 32 20. Prior to the adoption after January first, nineteen hundred eight- 33 y-seven by the authority of a general resolution pursuant to which it is 34 authorized to issue any general or special obligation bonds or notes to 35 finance a project pursuant to the authorization contained in paragraph 36 (r) of subdivision nine of this section, not including any series resol- 37 ution or resolutions, and prior to the adoption of any amendment to a 38 general resolution, whenever adopted, pursuant to which it is authorized 39 to issue any general or special obligation bonds or notes for such 40 purpose, not including a series resolution or resolutions, the authority 41 shall submit a copy of such proposed resolution to the [metropolitan42transportation authority capital program review] big apple transit 43 authority's board (hereinafter referred to as the "board"). Within 44 fifteen days of such submission, the board may notify the authority of 45 its unanimous approval of the same by the members entitled to vote ther- 46 eon, or if the resolution is not approved and no individual member of 47 the board who is entitled to vote on such resolution has notified the 48 authority in writing of his disapproval, the resolution shall be deemed 49 to have been approved. Neither the board nor any member thereof shall 50 disapprove a proposed resolution by reason of any covenant requiring the 51 authority to charge and fix tolls, rentals and other charges sufficient 52 to pay its operating expenses and the debt service, including the fund- 53 ing of requisite reserves, on the bonds and notes authorized by such 54 resolution. If the board or any member thereof entitled to vote thereon 55 shall disapprove a proposed resolution, the authority may, at any time, 56 resubmit a reformulated resolution. Within ten days of the submission ofA. 2196 55 1 such reformulated resolution the board may notify the authority of its 2 unanimous approval of the same by the members entitled to vote thereon, 3 or, if the reformulated resolution is not approved and no individual 4 member of the board who is entitled to vote thereon has notified the 5 authority in writing of his disapproval within such period, the reformu- 6 lated resolution shall have been deemed to have been approved. Any 7 individual member of the board who votes against a resolution or a 8 reformulated resolution or who notifies the authority of his disapproval 9 shall state his reasons therefor. The member appointed on the recommen- 10 dation of the mayor of the city of New York shall participate in the 11 action of the board with respect to any resolution of the authority 12 submitted pursuant to this subdivision. The authority shall not adopt a 13 resolution or any amendment to a resolution disapproved by the board as 14 herein provided. 15 21. To invest any funds, accounts or other monies not required for 16 immediate use or disbursement, at the discretion of the authority, in 17 any of the investments in which the [metropolitan transportation] big 18 apple transit authority is permitted to invest its monies pursuant to 19 subdivision four of section [twelve hundred sixty-five] thirteen hundred 20 forty-nine-e of this chapter. 21 § 4. The opening paragraph of subdivision 1 and subdivision 2 of 22 section 553-c of the public authorities law, as amended by chapter 273 23 of the laws of 1980, are amended to read as follows: 24 The authority shall have the power to finance all or any part of the 25 costs of railroad and rapid transit costs enumerated in paragraphs [m,26n, o and p] (m) and (n) of subdivision nine of section five hundred 27 fifty-three of this [article] title through the issuance of its negoti- 28 able bonds, notes or other obligations in the manner provided in section 29 five hundred sixty-one of this [chapter] title subject only to the 30 following limitations: 31 2. Moneys expended pursuant to subdivision one of this section shall 32 be utilized insofar as practical to: (a) purchase at least one hundred 33 twenty-four new subway cars for the New York city transit authority, and 34 (b) rehabilitate at least two hundred eighty existing subway cars for 35 the New York city transit authority[, (c) acquire at least fifteen new36diesel self-propelled railroad passenger cars for the metropolitan37transportation authority commuter service area and (d) provide a passen-38ger car lay-up yard and other facilities for the Long Island Rail Road39in Manhattan]. The authority shall either apply for or make reasonable 40 effort to secure federal assistance in support of each of the programs 41 herein authorized and to the extent such federal assistance is forthcom- 42 ing and/or other cost savings are realized with respect to any such 43 program shall have the power to expand the size of that or any of the 44 foregoing programs. 45 § 5. Section 553-d of the public authorities law, as amended by 46 section 6 of part O of chapter 61 of the laws of 2000, is amended to 47 read as follows: 48 § 553-d. Special Triborough bridge and tunnel authority special obli- 49 gation bonds and notes. In addition to the powers contained elsewhere in 50 this title with respect to the projects authorized by paragraphs (m), 51 (n)[, (o), (p)] and (r) of subdivision nine of section five hundred 52 fifty-three of this title, and subject to the application of the reven- 53 ues and other monies and assets of the authority pursuant to section 54 [twelve hundred seventy-d] thirteen hundred forty-nine-dd of this chap- 55 ter, the authority may issue its bonds and notes to finance such 56 projects payable from and secured by all or any part of the moneysA. 2196 56 1 received by the authority from the metropolitan transportation authority 2 special assistance fund established under section twelve hundred seven- 3 ty-a of this chapter, provided however that such bonds and notes may 4 also be payable from and secured by any other moneys, securities and 5 funds designated by the authority as additional security therefor. Debt 6 service on bonds and notes issued by the authority pursuant to this 7 section which is paid or reimbursed from moneys received by the authori- 8 ty from the metropolitan transportation authority special assistance 9 fund shall not be deemed to constitute debt service incurred by the 10 authority for purposes of subdivision three of section twelve hundred 11 nineteen-a of this chapter. Such bonds or notes shall be issued in the 12 manner provided in section five hundred sixty-one of this title. 13 § 6. Subdivisions 1, 7, 8, 9, 10 and 11 of section 553-e of the public 14 authorities law, as added by chapter 314 of the laws of 1981, subdivi- 15 sion 10 as amended by chapter 558 of the laws of 1981 and subdivision 11 16 as amended by chapter 929 of the laws of 1986, are amended to read as 17 follows: 18 1. (a) In its performance of any project authorized by paragraph (m), 19 (n)[, (o), (p)] or (r) of subdivision nine of section five hundred 20 fifty-three of this title, the authority shall not be deemed the agent 21 or instrumentality of any other public benefit or municipal corporation 22 notwithstanding the fact that title to any real or personal property (or 23 any interest therein) which is the subject of or is a part of such 24 project is held by, or upon completion of such project is to be trans- 25 ferred to, any such entity, and the provisions of section five hundred 26 fifty-nine of this title shall not be applicable with respect to any 27 such project. In its performance of any such project for the New York 28 city transit authority, however, the provisions of section twelve 29 hundred nine of this chapter shall apply to the authority as if it were 30 the "authority" referred to therein. 31 (b) Neither the provisions of section one hundred ninety-seven-c of 32 the New York city charter, relating to a uniform land use review proce- 33 dure, nor the provisions of any other local law of the city of New York 34 of like or similar tenor or import shall apply (i) to the acquisition of 35 any real property (or any interest therein) for the purposes of any such 36 project by the city or by the New York city transit authority or any of 37 its subsidiaries; (ii) to the subsequent transfer of any real property 38 (or interest therein) so acquired to the authority or its designee for 39 the purposes of such project or to the transfer to the authority or its 40 designee for such purposes of any real property (or interest therein) 41 then owned by the city or by the New York city transit authority or any 42 such subsidiary; nor (iii) to the transfer to the authority or its 43 designee for such purposes of the right of use, occupancy, control or 44 possession of any real property (or interest therein), whether presently 45 owned or hereafter acquired by the city or by the New York city transit 46 authority or any such subsidiary; provided in each such case, however, 47 that if at the time of such proposed acquisition or transfer the real 48 property which is the subject of such acquisition or transfer is not 49 then being utilized for a transit or transportation purpose or is not an 50 insubstantial addition to such property contiguous thereto; (a) the 51 authority proposing to acquire or receive such property shall, unless a 52 submission with respect to such property has previously been made and 53 approved as herein provided, submit to the community board for the 54 community district in which such property is located, data with respect 55 to the proposed use of such property and to the design of any facility 56 proposed to be constructed thereon; (b) such community board shallA. 2196 57 1 inform the [board of estimate of the] city council of New York, with 2 copies to the city planning commission of the city of New York and the 3 proposing authority, of its views and recommendations with respect ther- 4 eto within forty-five days of such submission, and if the community 5 board shall fail to so inform the [board of estimate] city council with- 6 in such period it shall be deemed to have recommended the proposal; and 7 (c) the [board of estimate] city council shall, within forty-five days 8 of the recommendation of the community board, approve or disapprove such 9 acquisition or transfer, and if the [board of estimate] city council 10 shall fail to act within such period it shall be deemed to have approved 11 the same. 12 7. The [metropolitan transportation] big apple transit authority, the 13 New York city transit authority and the designated subsidiaries of each 14 of them are each hereby authorized (i) to request the authority to 15 undertake any such project; (ii) to acquire in its own name by gift, 16 purchase or condemnation, and, additionally, in the case of the [metro-17politan transportation] big apple transit authority, by appropriation 18 pursuant to section [twelve hundred sixty-seven-a] thirteen hundred 19 forty-nine-q of this chapter, any real or personal property (or any 20 interest therein), which is needed or useful for or in connection with 21 such project, the provisions of any lease or other agreement with the 22 city to the contrary notwithstanding, and to surrender the use, occupan- 23 cy, control or possession of or to transfer the same, or of any other 24 such real or personal property (or any interest therein) which it owns, 25 leases, operates or controls, to the authority; (iii) to accept a trans- 26 fer, transfer back, lease or sublease of any such project or part there- 27 of upon its completion; (iv) to undertake any such project itself, or to 28 finance, through loans, leases or otherwise, any other person or entity, 29 public or private, to do so, in each case using funds granted by the 30 authority to pay all or any part of the costs thereof (such undertaking, 31 in the case of the New York city transit authority and its subsidiary, 32 the Manhattan and Bronx surface transit operating authority, being free 33 of any restriction set forth in subparagraph (ii) of paragraph b of 34 subdivision one of section twelve hundred three or in paragraph (c) of 35 subdivision five of section twelve hundred three-a of this chapter); and 36 (v) to make its agents, employees and facilities available to the 37 authority in connection therewith. 38 8. No such project to be constructed upon real property theretofore 39 used for a transit or transportation purpose, or on an insubstantial 40 addition to such property contiguous thereto, which will not change in a 41 material respect the general character of such prior transit or trans- 42 portation use, nor any acts or activities in connection with such 43 project, shall be subject to the provisions of article eight, nineteen, 44 twenty-four or twenty-five of the environmental conservation law, or to 45 any local law or ordinance adopted pursuant to any such article. Nor 46 shall any project or acts or activities in connection therewith taken by 47 any person or entity, public or private, pursuant to paragraph (m), 48 (n)[, (o), (p),] or (r) of subdivision nine of section five hundred 49 fifty-three of this title be subject to the provisions of article eight 50 of the environmental conservation law if such project, acts or activ- 51 ities to be taken in connection therewith require the preparation of a 52 statement under or pursuant to any federal law or regulation as to the 53 environmental impact thereof. 54 9. In connection with the negotiation, award and implementation of 55 contracts of the authority relating to any project hereafter initiated 56 pursuant to paragraphs (m), (n)[, (o), (p)] and (r) of subdivision nineA. 2196 58 1 of section five hundred fifty-three of this title, the provisions of 2 [paragraphs (a), (b), (c) and (d) of subdivision] subdivisions thirteen 3 and fourteen of section [twelve hundred sixty-six-c] thirteen hundred 4 forty-nine-j of this chapter shall apply to the authority as if it were 5 the "authority" referred to therein, and the [officer designated by the6metropolitan transportation authority pursuant to paragraph (e) of that7subdivision] division of minority and women's business development, 8 established pursuant to article fifteen-A of the executive law, shall 9 perform the duties therein described with respect to such contracts of 10 the authority. 11 10. The financing of any such project through the issuance of bonds or 12 notes of the authority shall be subject to the provisions of section 13 [twelve hundred sixty-nine-b] thirteen hundred forty-nine-v of this 14 chapter. 15 11. The aggregate principal amount of bonds and notes issued and 16 outstanding at any time to finance projects authorized by paragraphs 17 (m), (n)[, (o), (p)] and (r) of subdivision nine of section five hundred 18 fifty-three of this title shall not exceed one billion one hundred 19 million dollars through December thirty-first, nineteen hundred eighty- 20 six and three billion two hundred million dollars thereafter, provided 21 however that such latter amount shall not exceed two billion two hundred 22 million dollars for all bonds and notes other than those issued pursuant 23 to section five hundred fifty-three-d of this title. This limitation 24 shall not include (i) bonds and notes issued to refund or otherwise 25 repay bonds or notes theretofore issued for such purposes, (ii) bonds 26 issued to fund any reasonably required debt service reserve fund for 27 bonds and notes, and (iii) an amount equal to any original issue 28 discount from the [prinicipal] principal amount of any bonds or notes 29 issued and then outstanding. From the proceeds of the bonds and notes 30 provided for in the first sentence of this subdivision, other than bonds 31 or notes authorized by section five hundred fifty-three-d of this title, 32 the authority shall not expend more than one billion three hundred twen- 33 ty million dollars for transit projects as defined in section [twelve34hundred sixty-six-c] thirteen hundred forty-nine-j of this chapter nor 35 more than eight hundred eighty million dollars for transportation facil- 36 ities as such term is defined in subdivision [fourteen] nineteen of 37 section [twelve hundred sixty-one] thirteen hundred forty-nine-b of this 38 chapter other than marine or aviation facilities. For the purposes of 39 this subdivision, facilities under the jurisdiction of the Staten Island 40 rapid transit operating authority shall be considered transit projects. 41 § 7. Intentionally omitted. 42 § 8. Subdivision 2 of section 553-j of the public authorities law, as 43 added by section 5 of subpart A of part ZZZ of chapter 59 of the laws of 44 2019, is amended to read as follows: 45 2. Monies in the fund shall be applied, subject to agreements with 46 bondholders and applicable federal law, to the payment of operating, 47 administration, and other necessary expenses of the authority, or to the 48 city of New York subject to the memorandum of understanding executed 49 pursuant to subdivision two-a of section seventeen hundred four of the 50 vehicle and traffic law properly allocable to such program, including 51 the planning, designing, constructing, installing or maintaining of the 52 central business district tolling program, including, without limita- 53 tion, the central business district tolling infrastructure, the central 54 business district tolling collection system and the central business 55 district tolling customer service center, and the costs of any [metro-56politan transportation] big apple transit authority capital projectsA. 2196 59 1 included within the 2020 to 2024 [MTA] big apple transit authority capi- 2 tal program or any successor programs. Monies in the fund may be: (a) 3 pledged by the authority to secure and be applied to the payment of the 4 bonds, notes or other obligations of the authority to finance the costs 5 of the central business district tolling program, including, without 6 limitation, the central business district tolling infrastructure, the 7 central business district tolling collection system and the central 8 business district tolling customer service center, and the costs of any 9 [metropolitan transportation] big apple transit authority capital 10 projects included within the 2020 to 2024 [MTA] big apple transit 11 authority capital program or any successor programs, including debt 12 service, reserve requirements, if any, the payment of amounts required 13 under bond and note facilities or agreements related thereto, the 14 payment of federal government loans, security or credit arrangements or 15 other agreements related thereto; or (b) used by the authority for the 16 payment of such capital costs of the central business district tolling 17 program and the costs of any [metropolitan transportation] big apple 18 transit authority capital projects included within the 2020 to 2024 19 [MTA] big apple transit authority capital program or any successor 20 programs; or (c) transferred to the [metropolitan transportation] big 21 apple transit authority and (1) pledged by the [metropolitan transporta-22tion] big apple transit authority to secure and be applied to the 23 payment of the bonds, notes or other obligations of the [metropolitan24transportation] big apple transit authority to finance the costs of any 25 [metropolitan transportation] big apple transit authority capital 26 projects included within the 2020 to 2024 [MTA] big apple transit 27 authority capital program or any successor programs, including debt 28 service, reserve requirements, if any, the payment of amounts required 29 under bond and note facilities or agreements related thereto, the 30 payment of federal government loans, security or credit arrangements or 31 other agreements related thereto, or (2) used by the [metropolitan32transportation] big apple transit authority for the payment of the costs 33 of any [metropolitan transportation] big apple transit authority capital 34 projects included within the 2020 to 2024 [MTA] big apple transit 35 authority capital program or any successor programs. Such revenues shall 36 only supplement and shall not supplant any federal, state, or local 37 funds expended by the authority or the [metropolitan transportation] big 38 apple transit authority, or such authority's or [metropolitan transpor-39tation] big apple transit authority's affiliates or subsidiaries for 40 such respective purposes. Central business district toll revenues may be 41 used as required to obtain, utilize, or maintain federal authorization 42 to collect tolls on federal aid highways. 43 § 9. Subdivisions 3, 3-a and 4 of section 553-j of the public authori- 44 ties law, as added by section 5 of subpart A of part ZZZ of chapter 59 45 of the laws of 2019, are amended to read as follows: 46 3. Any monies deposited in the fund shall be held in the fund free and 47 clear of any claim by any person arising out of or in connection with 48 article forty-four-C of the vehicle and traffic law and subdivision 49 twelve-a of section five hundred fifty-three of this title. Without 50 limiting the generality of the foregoing, no person paying any amount 51 that is deposited into the fund shall have any right or claim against 52 the authority or the [metropolitan transportation] big apple transit 53 authority, any of their bondholders, any of the authority's or the 54 [metropolitan transportation] big apple transit authority's subsidiaries 55 or affiliates to any monies in or distributed from the fund or in 56 respect of a refund, rebate, credit or reimbursement of monies arisingA. 2196 60 1 out of or in connection with article forty-four-C of the vehicle and 2 traffic law and subdivision twelve-a of section five hundred fifty-three 3 of this title. 4 3-a. Of the capital project costs paid by this fund[: eighty percent5shall be capital project costs of the New York city transit authority6and its subsidiary, Staten Island Rapid Transit Operating Authority, and7MTA Bus with] priority shall be given to the subway system, new signal- 8 ing, new subway cars, track and car repair, accessibility, buses and bus 9 system improvements and further investments in expanding transit avail- 10 ability to areas in the outer boroughs that have limited mass transit 11 options; ten percent shall be capital project costs of the Long Island 12 Rail Road, including but not limited to, parking facilities, rolling 13 stock, capacity enhancements, accessibility, and expanding transit 14 availability to areas in the Metropolitan Commuter Transportation 15 District that have limited mass transit options; and ten percent shall 16 be capital project costs of the Metro-North Commuter Railroad Company, 17 including but not limited to, parking facilities, rolling stock, capaci- 18 ty enhancements, accessibility, and expanding transit availability to 19 areas in the Metropolitan Commuter Transportation District that have 20 limited mass transit options. 21 4. The authority shall report annually on all receipts and expendi- 22 tures of the fund. The report shall detail operating expenses of the 23 central business district tolling program and all fund expenditures 24 including capital projects. The report shall be readily available to the 25 public, and shall be posted on the authority's website and be submitted 26 to [the governor, the temporary president of the senate, the speaker of27the assembly,] the mayor and council of the city of New York, and the 28 [metropolitan transportation] big apple transit authority board[, and29the metropolitan transportation authority capital program review board]. 30 § 10. Subdivision 5 of section 553-k of the public authorities law is 31 REPEALED. 32 § 11. Section 555 of the public authorities law, as amended by chapter 33 655 of the laws of 1978, is amended to read as follows: 34 § 555. Selection of site. Notwithstanding any provisions of any other 35 statute, the authority in conjunction with the commissioner of parks of 36 the city or his successor, the commissioner of parks and recreation, and 37 with the approval of the [board of estimate] city council of such city 38 and with the separate approval of the mayor thereof, is hereby author- 39 ized to select sites in the boroughs of the Bronx and Queens of the city 40 for the Whitestone bridge project and parkways connecting therewith, 41 which sites may be in or through existing public parks, and to select 42 sites for new public parks contiguous to such project or contiguous to 43 the roads, streets, parkways or avenues connecting with such project. A 44 site or sites may be selected for any or all of the aforementioned 45 purposes and thereafter the use thereof shall be allocated by the 46 commissioner of parks and recreation as herein provided. The property so 47 selected solely for such project, not already owned by the city, shall 48 be acquired at the sole expense of the authority in the manner provided 49 for under this title. The property so selected solely for new public 50 parks shall be acquired by the city at its sole expense. The cost of the 51 property so selected for such project, combined with any other aforemen- 52 tioned purposes the use of which is to be thereafter determined, shall 53 be divided between the city and the authority as may be determined by a 54 contract or contracts hereby authorized to be entered into between the 55 city and the authority, subject to the approval of the [board of esti-56mate of the] city council. So much of the sites so selected and acquiredA. 2196 61 1 or such easements or rights of way therein as may be necessary or 2 convenient for the corporate purposes of the authority may be assigned 3 by the commissioner of parks and recreation of the city to the authority 4 for its use so long as its corporate existence shall continue. 5 § 12. Section 557 of the public authorities law, as amended by chapter 6 576 of the laws of 1964, is amended to read as follows: 7 § 557. Grant of land by the city to the authority. The city shall have 8 power and authority by resolution of the [board of estimate of the] city 9 council to assign to the authority, without consideration, any land 10 owned by the city on the seventh day of April, nineteen hundred thirty- 11 three, or thereafter acquired by it, needed or convenient for the 12 project, including lands released or to be released by the state to the 13 city pursuant to chapter three hundred seventy-nine of the laws of nine- 14 teen hundred twenty-nine as amended. 15 § 13. Subdivision 3 of section 557-a of the public authorities law, as 16 added by chapter 874 of the laws of 1939, is amended to read as follows: 17 3. The city may, by resolution of the [board of estimate] city 18 council, or by deed authorized by such a resolution, convey, with or 19 without consideration, to the authority for the project the use and 20 occupancy, for so long as its corporate existence shall continue, of any 21 lands then owned by the city including lands which, by any other law, 22 are inalienable by the city, and such conveyance may reserve to the city 23 such rights as shall not restrict the authority in the construction, 24 reconstruction, operation and maintenance of the project. 25 § 14. Subdivision 1 of section 561 of the public authorities law, as 26 amended by section 7 of part O of chapter 61 of the laws of 2000, is 27 amended to read as follows: 28 1. The authority shall have the power and is hereby authorized from 29 time to time to issue its negotiable bonds in conformity with applicable 30 provisions of the uniform commercial code for any corporate purpose or 31 power. The authority shall have power from time to time and whenever it 32 deems refunding advantageous or desirable, to refund, redeem or other- 33 wise pay, including by purchase or tender any bonds by the issuance of 34 new bonds, whether the bonds to be refunded have or have not matured, 35 and may issue bonds partly to refund bonds then outstanding and partly 36 for any other corporate purpose or power. The refunding bonds may be 37 exchanged for the bonds to be refunded, with such cash adjustments as 38 may be agreed, or may be sold and the proceeds applied to the purchase 39 or payment of the bonds to be refunded. The authority may issue general 40 or special obligation bonds. Every issue of general obligation bonds 41 shall be payable out of any moneys or revenues of the authority, subject 42 only to any agreements with the holders of particular bonds pledging any 43 particular tolls or revenues. Every issue of special obligation bonds 44 shall be payable out of any revenues, receipts, monies or assets of the 45 authority, the [metropolitan transportation] big apple transit authority 46 and its subsidiary corporations and the New York city transit authority 47 and its subsidiary corporations identified for such purposes in accord- 48 ance with agreements with the holders of particular bonds. 49 § 15. Section 569-c of the public authorities law, as amended by 50 section 9 of part O of chapter 61 of the laws of 2000, is amended to 51 read as follows: 52 § 569-c. Transfer and receipt of surplus funds. Notwithstanding any 53 provision of this title or any other provision of law, general, special 54 or local, the authority shall, at the direction of the [metropolitan55transportation] big apple transit authority, from time to time transfer 56 and pay over all or any part of its surplus funds to (a) [metropolitanA. 2196 62 1transportation] the big apple transit authority or (b) the New York city 2 transit authority, all in accordance with the provisions of subdivision 3 twelve of section five hundred fifty-three of this title [and the deter-4mination of the proportional allocation of such amounts of surplus funds5so deposited as between the New York city transit authority and the6commuter railroads operated by metropolitan transportation authority7shall be governed by the provisions of section twelve hundred nineteen-a8of this chapter] and the authority may accept and use any moneys trans- 9 ferred and paid over to it by [metropolitan transportation] the big 10 apple transit authority or the New York city transit authority. 11 § 16. This act shall take effect January 1, 2024. 12 PART D 13 Section 1. Article 5 of the public authorities law is amended by 14 adding a new title 11-E to read as follows: 15 TITLE 11-E 16 BIG APPLE TRANSIT AUTHORITY 17 Section 1349-a. Short title. 18 1349-b. Definitions. 19 1349-c. Big apple transit authority. 20 1349-d. Purposes of the authority. 21 1349-e. General powers of the authority. 22 1349-f. Contracts. 23 1349-g. Big apple transit authority small business mentoring 24 program. 25 1349-h. Special powers of the authority. 26 1349-i. Medical emergency services. 27 1349-j. Transit projects. 28 1349-k. Excess loss fund. 29 1349-l. Authority police force. 30 1349-m. The permanent citizens advisory committee. 31 1349-n. Big apple transit authority pledge to customers. 32 1349-o. Expired fare transfer policy. 33 1349-p. Acquisition and disposition of real property. 34 1349-q. Acquisition and disposition of real property by 35 department of transportation. 36 1349-r. Transit facilities for transit construction fund. 37 1349-s. Co-operation and assistance of other agencies. 38 1349-t. Promotion of qualified transportation fringes. 39 1349-u. Notes, bonds and other obligations of the authority. 40 1349-v. Capital program plans; approvals; effect of disap- 41 proval. 42 1349-w. Submission of strategic operation plan. 43 1349-x. Financial and operational reports. 44 1349-y. Mission statement and measurement report. 45 1349-z. Requirements for certain authority contracts and 46 related subcontracts. 47 1349-aa. Reserve funds and appropriations. 48 1349-bb. Big apple transit authority special assistance fund. 49 1349-cc. Big apple transit authority dedicated tax fund. 50 1349-dd. Consolidated financings. 51 1349-ee. Regulation of certain authority expenditures. 52 1349-ff. Metropolitan transportation authority finance fund. 53 1349-gg. New York city transportation assistance fund. 54 1349-hh. Agreement of the state.A. 2196 63 1 1349-ii. Right of state to require redemption of bonds. 2 1349-jj. Remedies of noteholders and bondholders. 3 1349-kk. Notes and bonds as legal investment. 4 1349-ll. Exemption from taxation. 5 1349-mm. Actions against the authority. 6 1349-nn. Annual audit of authority. 7 1349-oo. Authority budget and financial plan. 8 1349-pp. Independent audit of authority. 9 1349-qq. Independent audit by the legislature. 10 1349-rr. Reporting. 11 1349-ss. Transfer and receipt of surplus funds. 12 1349-tt. Title not affected if in part unconstitutional or 13 ineffective. 14 1349-uu. Big apple transit authority inspector general. 15 1349-vv. Management advisory board. 16 1349-ww. The office of legislative and community input. 17 1349-xx. Supplemental revenue reporting program. 18 § 1349-a. Short title. This title may be known and may be cited as the 19 "big apple transit authority act". 20 § 1349-b. Definitions. As used or referred to in this title, unless a 21 different meaning clearly appears from the context: 22 1. "Authority" shall mean the corporation created by section thirteen 23 hundred forty-nine-c of this title. 24 2. "Authority facilities" shall mean the authority's transit, rail- 25 road, omnibus, marine and aviation facilities and operations pursuant to 26 joint service arrangements. 27 3. "Budget" shall mean the preliminary, final proposed and adopted 28 final plans of the authority, and each of its agencies. 29 4. "Comptroller" shall mean the comptroller of the city of New York. 30 5. "Equipment" shall mean rolling stock, omnibuses, vehicles, air, 31 marine or surface craft, motors, boilers, engines, wires, ways, conduits 32 and mechanisms, machinery, tools, implements, materials, supplies, 33 instruments and devices of every nature whatsoever used or useful for 34 transportation purposes or for the generation or transmission of motive 35 power including but not limited to all power houses, and all apparatus 36 and all devices for signaling, communications and ventilation as may be 37 necessary, convenient or desirable for the operation of a transportation 38 facility. 39 6. "Federal government" shall mean the United States government, and 40 any officer, department, board, commission, bureau, division, corpo- 41 ration, agency or instrumentality thereof. 42 7. "Gap" shall mean the difference between projected revenues and 43 expenses for any given fiscal year based on the existing fare structure. 44 8. "Gap-closing initiative" shall mean any action to reduce a project- 45 ed gap. 46 9. "Governor" shall mean the governor of the state of New York. 47 10. "Joint service arrangements" shall mean agreements between or 48 among the authority and any common carrier or freight forwarder, the 49 state, any state agency, the federal government, any other state or 50 agency or instrumentality thereof, any public authority of this or any 51 other state, or any political subdivision or municipality of the state, 52 relating to property, buildings, structures, facilities, services, 53 rates, fares, classifications, divisions, allowances or charges (includ- 54 ing charges between operators of railroad, omnibus, marine and aviation 55 facilities), or rules or regulations pertaining thereto, for or in 56 connection with or incidental to transportation in part in or upon rail-A. 2196 64 1 road, omnibus, marine or aviation facilities located within the district 2 and in part in or upon railroad, omnibus, marine or aviation facilities 3 located outside the district. 4 11. "Marine and aviation facilities" shall mean equipment and craft 5 for the transportation of passengers, mail and cargo between points 6 within the district or pursuant to joint service arrangements, by marine 7 craft and aircraft of all types including but not limited to hydrofoils, 8 ferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or 9 other contrivances now or hereafter used in navigation or movement on 10 waterways or in the navigation of or flight in airspace. It shall also 11 mean any marine port or airport facility within the city but outside the 12 port of New York district as defined in chapter one hundred fifty-four 13 of the laws of nineteen hundred twenty-one, including but not limited to 14 terminals, docks, piers, bulkheads, ramps or any facility or real prop- 15 erty necessary, convenient or desirable for the accommodation of passen- 16 gers and cargo or the docking, sailing, landing, taking off, accommo- 17 dation or servicing of such marine craft or aircraft. 18 12. "Mayor" shall mean the mayor of the city of New York. 19 13. "Metropolitan transportation authority" shall mean the corporation 20 created pursuant to title eleven of this article. 21 14. "Omnibus facilities" shall mean motor vehicles, of the type oper- 22 ated by carriers subject to the jurisdiction of the public service 23 commission, engaged in the transportation of passengers and their 24 baggage, express and mail between points within the district or pursuant 25 to joint service arrangements, and equipment, property, buildings, 26 structures, improvements, loading or unloading areas, parking areas or 27 other facilities, necessary, convenient or desirable for the accommo- 28 dation of such motor vehicles or their passengers, including but not 29 limited to buildings, structures and areas notwithstanding that portions 30 may not be devoted to any omnibus purpose other than the production of 31 revenues available for the costs and expenses of all or any facilities 32 of the authority. 33 15. "Railroad facilities" shall mean right of way and related track- 34 age, rails, cars, locomotives, other rolling stock, signal, power, fuel, 35 communication and ventilation systems, power plants, stations, termi- 36 nals, storage yards, repair and maintenance shops, yards, equipment and 37 parts, offices and other real estate or personalty used or held for or 38 incidental to the operation, rehabilitation or improvement of any rail- 39 road operating or to operate between points within the district or 40 pursuant to joint service arrangements, including but not limited to 41 buildings, structures, and areas notwithstanding that portions thereof 42 may not be devoted to any railroad purpose other than the production of 43 revenues available for the costs and expenses of all or any facilities 44 of the authority. 45 16. "Real property" shall mean lands, structures, franchises and 46 interests in land, waters, lands under water, riparian rights and air 47 rights and any and all things and rights included within said term and 48 includes not only fees simple absolute but also any and all lesser 49 interests including but not limited to easements, rights of way, uses, 50 leases, licenses and all other incorporeal hereditaments and every 51 estate, interest or right, legal or equitable, including terms for years 52 and liens thereon by way of judgments, mortgages or otherwise. 53 17. "State" shall mean the state of New York. 54 18. "State agency" shall mean any officer, department, board, commis- 55 sion, bureau, division, public benefit corporation, agency or instrumen- 56 tality of the state.A. 2196 65 1 19. "Transportation facility" shall mean any transit, railroad, omni- 2 bus, marine or aviation facility and any person, firm, partnership, 3 association or, corporation which owns, leases or operates any such 4 facility or any other facility used for service in the transportation of 5 passengers, United States mail or personal property as a common carrier 6 for hire and any portion thereof and the rights, leaseholds or other 7 interest therein together with routes, tracks, extensions, connections, 8 parking lots, garages, warehouses, yards, storage yards, maintenance and 9 repair shops, terminals, stations and other related facilities thereof, 10 the devices, appurtenances, and equipment thereof and power plants and 11 other instrumentalities used or useful therefor or in connection there- 12 with. 13 20. "Transportation district" and "district" shall mean the metropol- 14 itan commuter transportation district created by section twelve hundred 15 sixty-two of this article. 16 21. "Transportation purpose" shall mean a purpose that directly 17 supports the missions or purposes of the authority, any of its subsid- 18 iaries, New York city transit authority or its subsidiary, including the 19 realization of revenues derived from property that is, or is to be used 20 as, a transportation facility. 21 22. "New York city transit authority" shall mean the corporation 22 created by section twelve hundred one of this article. 23 23. "Triborough bridge and tunnel authority" shall mean the corpo- 24 ration created pursuant to title three of article three of this chapter. 25 24. "Inspector general" shall mean the big apple transit authority 26 inspector general. 27 25. "Revenues" shall mean all monies received by the authority or its 28 subsidiaries, or New York city transit authority or its subsidiaries, or 29 Triborough bridge and tunnel authority, as the case may be, from whatev- 30 er source, derived directly or indirectly from or in connection with the 31 operations of the respective entity except for any monies transferred to 32 the metropolitan transportation authority pursuant to section thirteen 33 hundred forty-nine-h of this title that is not returned to the authority 34 pursuant to paragraph (c) of subdivision two of section twelve hundred 35 sixty-six of this article. 36 26. "Transit facility" shall have the same meaning as defined in 37 subdivision fifteen of section twelve hundred of this article. 38 27. "Utilization" shall mean public usage of the subway, bus, railroad 39 and paratransit services, and bridge and tunnel crossings, of the 40 authority and its affiliates and subsidiaries as reflected in empirical 41 data. 42 28. "Big apple transit authority and its affiliates" shall mean the 43 big apple transit authority, the New York city transit authority, and 44 the Triborough bridge and tunnel authority, and all their respective 45 subsidiaries. 46 § 1349-c. Big apple transit authority. 1. (a) There is hereby created 47 the "big apple transit authority". The authority shall be a body corpo- 48 rate and politic constituting a public benefit corporation. The authori- 49 ty shall consist of seven voting members, including a chairperson, and 50 two non-voting members. Members shall have experience in one or more of 51 the following areas of expertise: transportation or transit planning; 52 urban planning, including sustainability and resiliency; advocacy for 53 individuals with disabilities; demographics, social trends or the needs 54 of low-income New Yorkers; capital planning or civil engineering; 55 finance; or another area of expertise central to the purpose of the 56 authority. The mayor shall appoint four voting members, including theA. 2196 66 1 chairperson, and each member shall be entitled to cast one vote. Each 2 borough president of the city of New York shall appoint one voting 3 member who shall be entitled to cast a half vote. The public advocate of 4 the city of New York shall appoint one voting member who shall be enti- 5 tled to cast a half vote. The two non-voting members shall be appointed 6 by the mayor. The first non-voting member shall be a regular mass trans- 7 it user of the facilities of the authority and be recommended to the 8 mayor of the city of New York by the permanent citizens advisory commit- 9 tee established pursuant to section thirteen hundred forty-nine-m of 10 this title. The second non-voting member shall be recommended to the 11 mayor by the labor organization representing the majority of employees 12 of the authority. The chairperson, at such chairperson's direction, may 13 exclude such non-voting member from attending any portion of a meeting 14 of the authority or of any committee established pursuant to paragraph 15 (b) of subdivision three of this section held for the purpose of 16 discussing negotiations with labor organizations. The chairperson and 17 each of the members shall be appointed for a term of three years. 18 (b) Each member shall be subject to the conflict of interest board 19 established by section twenty-six hundred two of the New York city char- 20 ter as public servants charged with substantial policy discretion. 21 (c) Vacancies occurring otherwise than by expiration of term shall be 22 filled in the same manner as original appointments for the balance of 23 the unexpired term. 24 2. The chairperson shall be paid a salary in the amount determined by 25 the authority; the other members shall not receive a salary or other 26 compensation. Each member, including the chairperson, shall be entitled 27 to reimbursement for actual and necessary expenses incurred in the 28 performance of such member's official duties. 29 3. (a) Notwithstanding any provision of law to the contrary, the 30 chairperson shall be the chief executive officer of the authority and 31 shall be responsible for the discharge of the executive and administra- 32 tive functions and powers of the authority. The chairperson may appoint 33 an executive director and such other officials and employees as shall in 34 such chairperson's judgment be needed to discharge the executive and 35 administrative functions and powers of the authority. 36 (b) The chairperson shall establish committees to assist such chair- 37 person in the performance of such chairperson's duties and shall appoint 38 members of the authority to such committees. Among such committees, 39 there shall be a committee on operations of the New York city transit 40 authority, the Manhattan and Bronx surface transit operating authority 41 and the Staten Island rapid transit operating authority; a committee on 42 operations of the Triborough bridge and tunnel authority; a committee on 43 finance; a committee on capital program oversight; and a committee on 44 safety. In addition to such appointed members, each of the non-voting 45 members shall serve on the committee on capital program oversight, the 46 committee on finance, the committee on safety, and the committee on 47 operations of the Triborough bridge and tunnel authority. The committee 48 on capital program oversight shall include not less than four members, 49 and shall include the chairpersons of the committee on operations of the 50 New York city transit authority, the Manhattan and Bronx surface transit 51 operating authority and the Staten Island rapid transit operating 52 authority, and the committee on safety. The committee on safety shall 53 convene at least once annually and each committee chairperson, that is a 54 member of the committee on safety, shall report to the committee on 55 safety any and all initiatives, concerns, improvements, or failures 56 involving the safety of customers, employees, and the public at large,A. 2196 67 1 in relation to authority facilities and services. The capital program 2 committee shall, with respect to any approved or proposed capital 3 program plans: 4 (i) monitor the current and future availability of funds to be 5 utilized for such plans approved or proposed to be submitted to the 6 mayor as provided in section thirteen hundred forty-nine-v of this 7 title; 8 (ii) monitor the contract awards of the big apple transit authority 9 and the New York city transit authority to ensure that such awards are 10 consistent with: 11 (A) provisions of law authorizing United States content and New York 12 state content; 13 (B) collective bargaining agreements; 14 (C) provisions of law providing for participation by minority and 15 women-owned businesses; 16 (D) New York state labor laws; 17 (E) competitive bidding requirements including those regarding sole 18 source contracts; and 19 (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; 24 (iv) review the relationship between capital expenditures pursuant to 25 each such capital program plan and current and future operating budget 26 requirements; 27 (v) monitor the progress of capital elements described in each capital 28 program plan approved as provided in section thirteen hundred forty- 29 nine-v of this title; 30 (vi) monitor the expenditures incurred and to be incurred for each 31 such element; and 32 (vii) identify capital elements not progressing on schedule, ascertain 33 responsibility therefor and recommend those actions required or appro- 34 priate to accelerate their implementation. 35 (c) The capital program committee shall issue a quarterly report on 36 its activities and findings, and shall in connection with the prepara- 37 tion of such quarterly report, consult with the city department of 38 transportation, the mayor, and any other group the committee deems rele- 39 vant, including public employee organizations, and, at least annually, 40 with a nationally recognized independent transit engineering firm. Such 41 report shall be made available to the members of the authority, to the 42 mayor, and the directors of the municipal assistance corporation for the 43 city of New York. 44 (d) The chairperson shall ensure that at every meeting of the board 45 and at every meeting of each committee the public shall be allotted a 46 period of time, not less than thirty minutes, to speak on any topic on 47 the agenda. 48 (e) Notwithstanding paragraph (c) of subdivision one of section twen- 49 ty-eight hundred twenty-four of this chapter or any other provision of 50 law to the contrary, the chairperson shall not participate in establish- 51 ing authority policies regarding the payment of salary, compensation and 52 reimbursement to, nor establish rules for the time and attendance of, 53 the chief executive officer. The salary of the chairperson, as deter- 54 mined pursuant to subdivision two of this section, shall also be compen- 55 sation for all services performed as chief executive officer.A. 2196 68 1 4. Notwithstanding any inconsistent provisions of this or any other 2 law, general, special or local, no officer or employee of the state, or 3 of any public corporation as defined in the general corporation law, 4 shall be deemed to have forfeited or shall forfeit such officer or 5 employee's office or employment or any benefits provided under the 6 retirement and social security law or under any public retirement system 7 maintained by the state or any of its subdivisions by reason of such 8 officer or employee's acceptance of a position of member or chairperson 9 of the authority; provided, however, a member or chairperson who holds 10 such other public office or employment shall receive no additional 11 compensation for services rendered pursuant to this title, but shall be 12 entitled to reimbursement for such member or chairperson's actual and 13 necessary expenses incurred in the performance of such services. 14 5. The mayor may remove any member for inefficiency, neglect of duty, 15 breach of fiduciary duty or misconduct in office after giving the member 16 a copy of the charges against the member and an opportunity to be heard, 17 in person or by counsel in the member's defense, upon not less than ten 18 days' notice. If any member shall be so removed, the mayor shall file a 19 complete statement of charges made against such member, and his or her 20 findings thereon, together with a complete record of the proceedings. 21 6. The authority shall continue so long as it shall have bonds or 22 other obligations outstanding and until its existence shall be termi- 23 nated by law. Upon the termination of the existence of the authority, 24 all its rights and properties shall pass to and be vested in the city. 25 7. Whenever the authority causes notices of hearings on proposed 26 changes in services or fares to be posted pursuant to this section or 27 any statute, regulation, or authority policy, or where it voluntarily 28 posts such notices, such notices shall: 29 (a) be written in a clear and coherent manner using words with common 30 and every day meaning; 31 (b) be captioned in large point type bold lettering with a title that 32 fairly and accurately conveys the basic nature of such change or chang- 33 es; 34 (c) where such change involves a proposed change in levels of fare, 35 include in its title the range of amounts of fare changes under consid- 36 eration; 37 (d) contain, to the extent practicable, a concise description of the 38 specific nature of the change or changes, including but not limited to a 39 concise description of those changes that affect the largest number of 40 passengers; 41 (e) where such change involves a change in the nature of a route, 42 contain, to the extent practicable, a clear graphic illustration of such 43 change or changes; and 44 (f) where such change involves a partial or complete station closing, 45 such notice shall be posted at the affected station with a clear graphic 46 illustration depicting the nature of any closing for such station. 47 § 1349-d. Purposes of the authority. 1. The purposes of the authority 48 shall be the continuance, further development and improvement of commu- 49 ter transportation and other services related thereto within the city of 50 New York, including but not limited to such transportation by railroad, 51 omnibus, marine and air, in accordance with the provisions of this 52 title. It shall be the further purpose of the authority, consistent with 53 its status as the ex officio board of both the New York city transit 54 authority and the Triborough bridge and tunnel authority, to develop and 55 implement a unified mass transportation policy for the city in an effi-A. 2196 69 1 cient and cost-effective manner that includes the use of design-build 2 contracting on all appropriate projects. 3 2. It is hereby found and declared that such purposes are in all 4 respects for the benefit of the people of the city of New York and the 5 authority shall be regarded as performing an essential governmental 6 function in carrying out its purposes and in exercising the powers 7 granted by this title. 8 § 1349-e. General powers of the authority. Except as otherwise limited 9 by this title, the authority shall have power: 10 1. to sue and be sued; 11 2. to have a seal and alter the same at pleasure; 12 3. to borrow money, to issue negotiable notes, bonds or other obli- 13 gations and to provide for the rights of the holders thereof, and to 14 finance or refinance all or any part of the costs to the authority or to 15 any other person or entity, public or private, of the planning, design, 16 acquisition, construction, improvement, reconstruction or rehabilitation 17 of any transportation facility; 18 4. to invest any funds, accounts or other monies not required for 19 immediate use or disbursement, at the discretion of the authority in: 20 (a) obligations of the state or the United States government; 21 (b) obligations the principal and interest of which are guaranteed by 22 the state or the United States government; 23 (c) certificates of deposit of banks or trust companies in this state, 24 secured, if the authority shall so require, by obligations of the United 25 States or of the state of New York of a market value equal at all times 26 to the amount of the deposit; 27 (d) banker's acceptances with a maturity of ninety days or less which 28 are eligible for purchase by the Federal Reserve Banks and whose rating 29 at the time of purchase is in the highest rating category of two 30 nationally recognized independent rating agencies, provided, however, 31 that the amount of banker's acceptances of any one bank shall not exceed 32 two hundred fifty million dollars; 33 (e) obligations of any bank or corporation created under the laws of 34 either the United States or any state of the United States maturing 35 within two hundred seventy days, provided that such obligations receive 36 the highest rating of two nationally recognized independent rating agen- 37 cies and, provided further, that no more than two hundred fifty million 38 dollars may be invested in such obligations of any one bank or corpo- 39 ration; 40 (f) as to any such moneys held in reserve and sinking funds, other 41 securities in which the trustee or trustees of any public retirement 42 system or pension fund has the power to invest the monies thereof pursu- 43 ant to article four-A of the retirement and social security law, each 44 such reserve and sinking fund being treated as a separate fund for the 45 purposes of article four-A of the retirement and social security law; 46 (g) notes, bonds, debentures, mortgages and other evidences of indebt- 47 edness, issued or guaranteed at the time of the investment by the United 48 States Postal Service, the federal national mortgage association, the 49 federal home loan mortgage corporation, the student loan marketing asso- 50 ciation, the federal farm credit system, or any other United States 51 government sponsored agency, provided that at the time of the investment 52 such agency or its obligations are rated and the agency receives, or its 53 obligations receive, the highest rating of all independent rating agen- 54 cies that rate such agency or its obligations, provided, however, that 55 no more than two hundred fifty million dollars or such greater amount as 56 may be authorized for investment by the state comptroller pursuant toA. 2196 70 1 section ninety-three of the state finance law may be invested in the 2 obligations of any one agency; 3 (h) general obligation bonds and notes of any state other than the 4 state, provided that such bonds and notes receive the highest rating of 5 at least one independent rating agency, and bonds and notes of any coun- 6 ty, town, city, village, fire district or school district of the state, 7 provided that such bonds and notes receive either of the two highest 8 ratings of at least two independent rating agencies; 9 (i) mutual funds registered with the United States securities and 10 exchange commission whose investments are limited to obligations of the 11 state described in paragraph (a) of this subdivision, obligations the 12 principal and interest of which are guaranteed by the state described in 13 paragraph (b) of this subdivision, and those securities described in 14 this paragraph and that have received the highest rating of at least one 15 independent rating agency, provided that the aggregate amount invested 16 at any one time in all such mutual funds shall not exceed ten million 17 dollars, and, provided further, that the authority shall not invest such 18 funds, accounts or other monies in any mutual fund for longer than thir- 19 ty days; and 20 (j) financial contracts in a foreign currency entered into for the 21 purpose of minimizing the foreign currency exchange risk of the purchase 22 price of a contract with a vendor chosen through competitive process for 23 the acquisition of capital assets for the benefit of the capital program 24 of the Triborough bridge and tunnel authority or the transit capital 25 program; 26 5. to make and alter by-laws for its organization and internal manage- 27 ment, and rules and regulations governing the exercise of its powers and 28 the fulfillment of its purposes under this title; 29 6. to enter into contracts and leases and to execute all instruments 30 necessary or convenient; 31 (a) with respect to any lease transaction entered into pursuant to 32 section 168(f)(8) of the United States Internal Revenue Code or any 33 successor provisions, the authority shall meet the following standards 34 and procedures: 35 (i) notice of intention to negotiate shall be published in at least 36 one newspaper of general circulation, and a copy thereof shall be mailed 37 to all parties who have requested notification from the authority to 38 engage in transactions of this type, and such notice shall describe the 39 nature of the proposed transaction and the factors subject to negoti- 40 ation, which shall include, but not be limited to, the price to be paid 41 to the authority; 42 (ii) the authority shall negotiate with those respondents whose 43 response complies with the requirements set forth in the notice; 44 (iii) the board of the authority shall resolve on the basis of parti- 45 cularized findings relevant to the factors negotiated that such trans- 46 action will provide maximum available financial benefits, consistent 47 with other defined objectives and requirements; 48 (b) the authority shall provide to the mayor, city council, and all 49 borough presidents of the boroughs in which the leased property is situ- 50 ated, notice of each lease entered into pursuant to paragraph (a) of 51 this subdivision and supporting documentation of compliance by the 52 authority with subparagraphs (i), (ii) and (iii) of paragraph (a) of 53 this subdivision; 54 (c) paragraphs (a) and (b) of this subdivision shall be of no force 55 and effect with respect to any lease transaction entered into pursuantA. 2196 71 1 to a commitment approved prior the effective date of this section by the 2 board of the metropolitan transportation authority; 3 7. to acquire, hold, and dispose of real or personal property in the 4 exercise of its powers; 5 8. to appoint such officers and employees as it may require for the 6 performance of its duties, and to fix and determine their qualifica- 7 tions, duties, and compensation and to retain or employ counsel, audi- 8 tors, engineers, and private consultants on a contract basis or other- 9 wise for rendering professional or technical services and advice; 10 9. (a) notwithstanding section one hundred thirteen of the retirement 11 and social security law or any other general or special law, the author- 12 ity and any of its subsidiary corporations may continue or provide to 13 its affected officers and employees any retirement, disability, death or 14 other benefits provided or required for railroad personnel pursuant to 15 federal or state law; 16 (b) the authority and any of its public benefit subsidiary corpo- 17 rations may be a "participating employer" in the New York city employ- 18 ees' retirement system with respect to one or more classes of officers 19 and employees of such authority or any such public benefit subsidiary 20 corporation, as may be provided by resolution of such authority or any 21 such public benefit subsidiary corporation, as the case may be, or any 22 subsequent amendment thereof, filed with the comptroller and accepted by 23 such comptroller pursuant to section thirty-one of the retirement and 24 social security law. In taking any action pursuant to this paragraph, 25 the authority and any of its public benefit subsidiary corporations 26 shall consider the coverages and benefits continued or provided pursuant 27 to paragraph (a) of this subdivision; 28 10. to make plans, surveys, and studies necessary, convenient or 29 desirable to the effectuation of the purposes and powers of the authori- 30 ty and to prepare recommendations in regard thereto; 31 11. to enter upon such lands, waters or premises as in the judgment of 32 the authority as may be necessary, convenient or desirable for the 33 purpose of making surveys, soundings, borings and examinations to accom- 34 plish any purpose authorized by this title, the authority being liable 35 for actual damage done; 36 12. to conduct investigations and hearings in the furtherance of its 37 general purposes, and in aid thereof have access to any books, records 38 or papers relevant thereto; and if any person whose testimony shall be 39 required for the proper performance of the duties of the authority shall 40 fail or refuse to aid or assist the authority in the conduct of any 41 investigation or hearing, or to produce any relevant books, records or 42 other papers, the authority is authorized to apply for process of 43 subpoena, to issue out of any court of general original jurisdiction 44 whose process can reach such person, upon due cause shown; 45 13. a copy of any report submitted by the authority pursuant to 46 sections twenty-eight hundred, twenty-eight hundred one and twenty-eight 47 hundred two of this chapter shall be forwarded to the mayor and to the 48 speaker of the city council; and 49 14. to do all things necessary, convenient or desirable to carry out 50 its purposes and for the exercise of the powers granted in this title. 51 § 1349-f. Contracts. 1. (a) Except as otherwise provided in this 52 section, all purchase contracts for supplies, materials or equipment 53 involving an estimated expenditure in excess of one million dollars and 54 all contracts for public work involving an estimated expenditure in 55 excess of one million dollars shall be awarded by the authority to the 56 lowest responsible bidder after obtaining sealed bids in the mannerA. 2196 72 1 hereinafter set forth. For purposes hereof, contracts for public work 2 shall exclude contracts for personal, engineering and architectural, or 3 professional services. The authority may reject all bids and obtain new 4 bids in the manner provided by this section when it is deemed in the 5 public interest to do so or, in cases where two or more responsible 6 bidders submit identical bids which are the lowest bids, award the 7 contract to any of such bidders or obtain new bids from such bidders. 8 Nothing in this paragraph shall obligate the authority to seek new bids 9 after the rejection of bids or after cancellation of an invitation to 10 bid. Nothing in this section shall prohibit the evaluation of bids on 11 the basis of costs or savings including life cycle costs of the item to 12 be purchased, discounts, and inspection services so long as the invita- 13 tion to bid reasonably sets forth the criteria to be used in evaluating 14 such costs or savings. Life cycle costs may include but shall not be 15 limited to costs or savings associated with installation, energy use, 16 maintenance, operation and salvage or disposal. 17 (b) Section twenty-eight hundred seventy-nine of this chapter shall 18 apply to the authority's acquisition of goods or services of any kind, 19 in the actual or estimated amount of fifteen thousand dollars or more, 20 provided: 21 (i) that a contract for services in the actual or estimated amount of 22 one million dollars or less shall not require approval by the board of 23 the authority regardless of the length of the period over which the 24 services are rendered, and provided further that a contract for services 25 in the actual or estimated amount of one million dollars or more shall 26 require approval by the board of the authority regardless of the length 27 of the period over which the services are rendered unless such a 28 contract is awarded to the lowest responsible bidder after obtaining 29 sealed bids; and 30 (ii) the board of the authority may by resolution adopt guidelines 31 that authorize the award of contracts to small business concerns, to 32 service disabled veteran owned businesses certified pursuant to article 33 seventeen-B of the executive law, or minority or women-owned business 34 enterprises certified pursuant to article fifteen-A of the executive 35 law, or purchases of goods or technology that are recycled or remanufac- 36 tured, in an amount not to exceed one million dollars without a formal 37 competitive process and without further board approval. The board of the 38 authority shall adopt guidelines which shall be made publicly available 39 for the awarding of such contract without a formal competitive process. 40 2. (a) Advertisement for bids, when required by this section, shall be 41 published at least once in a newspaper of general circulation in the 42 area served by the authority and in the procurement opportunities news- 43 letter published pursuant to article four-C of the economic development 44 law provided that, notwithstanding the provisions of such article, an 45 advertisement shall only be required for a purchase contract for 46 supplies, materials or equipment when required by this section. Publi- 47 cation in a newspaper of general circulation in the area served or in 48 the procurement opportunities newsletter shall not be required if bids 49 for contracts for supplies, materials or equipment are of a type regu- 50 larly purchased by the authority and are to be solicited from a list of 51 potential suppliers, if such list is or has been developed consistent 52 with the provisions of subdivision six of this section. Any such adver- 53 tisement shall contain a statement of: 54 (i) the time and place where bids received pursuant to any notice 55 requesting sealed bids will be publicly opened and read; 56 (ii) the name of the contracting agency;A. 2196 73 1 (iii) the contract identification number; 2 (iv) a brief description of the public work, supplies, materials, or 3 equipment sought, the location where work is to be performed, goods are 4 to be delivered or services provided and the contract term; 5 (v) the address where bids or proposals are to be submitted; 6 (vi) the date when bids or proposals are due; 7 (vii) a description of any eligibility or qualification requirement or 8 preference; 9 (viii) a statement as to whether the contract requirements may be 10 fulfilled by a subcontracting, joint venture, or co-production arrange- 11 ment; 12 (ix) any other information deemed useful to potential contractors; and 13 (x) the name, address, and telephone number of the person to be 14 contacted for additional information. At least fifteen business days 15 shall elapse between the first publication of such advertisement or the 16 solicitation of bids, as the case may be, and the date of opening and 17 reading of bids. 18 (b) The authority may designate any officer or employee to open the 19 bids at the time and place bids are to be opened and may designate an 20 officer to award the contract to the lowest responsible bidder. Such 21 designee shall make a record of all bids in such form and detail as the 22 authority shall prescribe. All bids received shall be publicly opened 23 and read at the time and place specified in the advertisement or at the 24 time of solicitation, or to which the opening and reading have been 25 adjourned by the authority. All bidders shall be notified of the time 26 and place of any such adjournment. 27 3. Notwithstanding the foregoing, the authority may, by resolution 28 approved by a two-thirds vote, or by a majority vote with respect to 29 contracts proposed to be let pursuant to paragraph (a) of this subdivi- 30 sion, declare that competitive bidding is impractical or inappropriate 31 because of the existence of any of the circumstances hereinafter set 32 forth and thereafter the authority may proceed to award contracts with- 33 out complying with the requirements of subdivision one or two of this 34 section. In each case where the authority declares competitive bidding 35 impractical or inappropriate, it shall state the reason therefor in 36 writing and summarize any negotiations that have been conducted. Except 37 for contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of 38 this subdivision, the authority shall not award any contract pursuant to 39 this subdivision earlier than thirty days from the date on which the 40 authority declares that competitive bidding is impractical or inappro- 41 priate. Competitive bidding may only be declared impractical or inappro- 42 priate where: 43 (a) the existence of an emergency involving danger to life, safety or 44 property requires immediate action and cannot await competitive bidding 45 or the item to be purchased is essential to efficient operation or the 46 adequate provision of service and as a consequence of an unforeseen 47 circumstance such purchase cannot await competitive bidding; 48 (b) the item to be purchased is available only from a single responsi- 49 ble source, provided that if bids have not been solicited for such item 50 pursuant to subdivision one of this section within the preceding twelve 51 months public notice shall first be given pursuant to subdivision four 52 of this section; 53 (c) the authority receives no responsive bids or only a single respon- 54 sive bid in response to an invitation for competitive bids;A. 2196 74 1 (d) the authority wishes to experiment with or test a product or tech- 2 nology or new source for such product or technology or evaluate the 3 service or reliability of such product or technology; 4 (e) the item is available through an existing contract between a 5 vendor and: (i) another public authority provided that such other 6 authority utilized a process of competitive bidding or a process of 7 competitive requests for proposals to award such contracts; (ii) Nassau 8 county; (iii) the state of New York; or (iv) the city of New York, 9 provided that in any case when under this paragraph the authority deter- 10 mines that obtaining such item thereby would be in the public interest 11 and sets forth the reasons for such determination. The authority shall 12 accept sole responsibility for any payment due the vendor as a result of 13 the authority's order; 14 (f) the authority determines that it is in the public interest to 15 award contracts pursuant to a process for competitive requests for 16 proposals as hereinafter set forth. For purposes of this section, a 17 process for competitive requests for proposals shall mean a method of 18 soliciting proposals and awarding a contract on the basis of a formal 19 evaluation of the characteristics, such as quality, cost, delivery sche- 20 dule and financing of such proposals against stated selection criteria. 21 Public notice of the requests for proposals shall be given in the same 22 manner as provided in subdivision four of this section and shall include 23 the selection criteria. In the event the authority makes a material 24 change in the selection criteria from those previously stated in the 25 notice, it will inform all proposers of such change and permit proposers 26 to modify their proposals; 27 (i) except for a contract with a value of one hundred million dollars 28 or less that is awarded pursuant to this paragraph to the proposer whose 29 proposal is the lowest cost, the authority may award a contract pursuant 30 to this paragraph only after a resolution approved by a two-thirds vote 31 of the board at a public meeting of the authority with such resolution: 32 (A) disclosing the other proposers and the substance of their proposals; 33 (B) summarizing the negotiation process including the opportunities, if 34 any, available to proposers to present and modify their proposals; and 35 (C) setting forth the criteria upon which the selection was made 36 provided however that for purposes of this subparagraph the board may, 37 at its discretion, require such a resolution be approved for contracts 38 with a value of one hundred million dollars or less; 39 (ii) nothing in this paragraph shall require or preclude (A) negoti- 40 ations with any proposers following the receipt of responses to the 41 request for proposals, or (B) the rejection of any or all proposals at 42 any time. Upon the rejection of all proposals, the authority may solicit 43 new proposals or bids in any manner prescribed in this section; 44 (g) the authority issues a competitive request for proposals pursuant 45 to the procedures of paragraph (f) of this subdivision for the purchase 46 or rehabilitation of rail cars and omnibuses. Any such request may 47 include among the stated selection criteria the performance of all or a 48 portion of the contract at sites within the state of New York or the use 49 of goods produced or services provided within the state of New York, 50 provided however that in no event shall the authority award a contract 51 to a manufacturer whose final offer, as expressed in unit cost is more 52 than ten percent higher than the unit cost of any qualified competing 53 final offer, if the sole basis for such award is that the higher priced 54 offer includes a more favorable provision for the performance of the 55 contract within the state of New York or the use of goods produced or 56 services provided within the state of New York, and further providedA. 2196 75 1 that the authority's discretion to award a contract to any manufacturer 2 shall not be so limited if a basis for such award, as determined by the 3 authority, is superior financing, delivery schedule, life cycle, reli- 4 ability, or any other factor the authority deems relevant to its oper- 5 ations; 6 (i) except for a contract with a value of one hundred million dollars 7 or less that is awarded pursuant to this paragraph to the proposer whose 8 proposal is the lowest cost, the authority may award a contract pursuant 9 to this paragraph only after a resolution approved by a vote of not less 10 than a two-thirds vote of its members then in office at a public meeting 11 of the authority with such resolution: (A) disclosing the other propo- 12 sers and the substance of their proposals; (B) summarizing the negoti- 13 ation process including the opportunities, if any, available to propo- 14 sers to present and modify their proposals; and (C) setting forth the 15 criteria upon which the selection was made provided however that for 16 purposes of this subparagraph the board may, at its discretion, require 17 such a resolution be approved for contracts with a value of one hundred 18 million dollars or less; 19 (ii) nothing in this paragraph shall require or preclude: (A) negoti- 20 ations with any proposers following the receipt of responses to the 21 request for proposals; or (B) the rejection of any or all proposals at 22 any time. Upon the rejection of all proposals, the authority may solicit 23 new proposals or bids in any manner prescribed in this section. 24 4. Upon the adoption of a resolution by the authority stating, for 25 reasons of efficiency, economy, compatibility or maintenance reliabil- 26 ity, that there is a need for standardization, the authority may estab- 27 lish procedures whereby particular supplies, materials or equipment are 28 identified on a qualified products list. Such procedures shall provide 29 for products or vendors to be added to or deleted from such list and 30 shall include provisions for public advertisement of the manner in which 31 such lists are compiled. The authority shall review such list no less 32 than twice a year for the purpose of making such modifications. 33 Contracts for particular supplies, materials or equipment identified on 34 a qualified products list may be awarded by the authority to the lowest 35 responsible bidder after obtaining sealed bids in accordance with this 36 section or without competitive sealed bids in instances when the item is 37 available from only a single source, except that the authority may 38 dispense with advertising provided that it mails copies of the invita- 39 tion to bid to all vendors of the particular item on the qualified 40 products list. 41 5. The authority shall compile a list of potential sources of 42 supplies, materials or equipment regularly purchased. The authority 43 shall, by resolution, set forth the procedures it has established to 44 identify new sources and to notify such new sources of the opportunity 45 to bid for contracts for the purchase of supplies, materials or equip- 46 ment. Such procedures shall include, but not be limited to: 47 (a) advertising in trade journals; 48 (b) cooperation with federal, state and local agencies within its area 49 of operations; 50 (c) publication in the state register quarterly; and 51 (d) procedures established pursuant to subdivision thirteen of section 52 thirteen hundred forty-nine-j of this title. 53 6. The provisions of this section shall not supersede any other 54 provisions of law relative to purchases of products or devices manufac- 55 tured or provided by the blind or other severely handicapped persons, to 56 the invitation and acceptance of bids from small or minority businessA. 2196 76 1 enterprises or to the purchases of supplies, materials or equipment 2 through the office of general services. Except as may otherwise be 3 provided by law or as more restrictively defined in the official policy 4 or bid specifications of the authority, as used in this section the term 5 "small business" means a small business or similar term, under federal 6 regulations applicable to projects of the authority which are federally 7 assisted. 8 7. Notwithstanding any other provisions in this section, the authority 9 shall be allowed to use an electronic bidding system for the purchase of 10 goods, materials, and commodities that may inform bidders whether their 11 bid is the current low bid, and allow bidders to submit new bids before 12 the date and time assigned for the opening of bids. Such procedure shall 13 not constitute disclosure of bids in violation of section twenty-eight 14 hundred seventy-eight of this chapter. 15 8. The provisions of this section shall not apply to any procurement 16 made by any other public entity not otherwise required by law to award 17 contracts for such purchases to the lowest responsible bidder if such 18 purchases are made at the sole cost and expense of such entity. 19 9. (a) Whenever the comptroller pursuant to section twenty-eight 20 hundred seventy-nine-a of this chapter intends to require supervision in 21 the form of prior review and approval of a contract or contract amend- 22 ment to be awarded by the authority pursuant to this section, then such 23 contract or contract amendment shall be submitted to the comptroller by 24 the authority for approval and shall not be a valid enforceable contract 25 unless it shall first have been approved by the comptroller but only if 26 the comptroller has notified the authority of such determination within 27 thirty days of having received written notice of such contract or 28 contract amendment either in the authority's annual report or any 29 revised report; 30 (b) If the comptroller has timely notified the authority as provided 31 in paragraph (a) of this subdivision that any contract or contract 32 amendment shall be subject to comptroller prior review and approval, and 33 such contract or contract amendment has been submitted to the comp- 34 troller, it shall become valid and enforceable without such approval if 35 the comptroller has not approved or disapproved it within thirty days of 36 submission to the comptroller. 37 10. The award of construction contracts by the authority shall not be 38 subject to the provisions of section one hundred one of the general 39 municipal law. 40 § 1349-g. Big apple transit authority small business mentoring 41 program. 1. As used in this section, unless the context requires other- 42 wise: 43 (a) "Small business" means a business in the construction trades which 44 (i) is independently owned and operated; (ii) has annual revenues not 45 exceeding a fiscal limitation of five million dollars or such lesser 46 amount as established by the authority pursuant to these provisions; and 47 (iii) meets additional criteria as otherwise established by the chair- 48 person in consultation with the members of the big apple transit author- 49 ity small business mentoring program advisory committee. The chair of 50 the committee shall be the chief diversity officer of the authority. The 51 authority shall establish a detailed definition in general and specific 52 to different segments of the construction industry to the extent neces- 53 sary to reflect differing characteristics of such segments based on the 54 criteria used by the United States small business administration for 55 loans to small businesses as set forth in sections 121.301, 121.302, 56 121.303, 121.304, and 121.305, or for awarding government procurementsA. 2196 77 1 as set forth in sections 121.401, 121.402, 121.403, 121.404, 121.405, 2 121.406, 121.407, 121.408, 121.409, 121.410, 121.411, 121.412, and 3 121.413 of subpart A of part 121 of chapter I of title 13 of the Code of 4 Federal Regulations as amended, and such other criteria as determined by 5 the authority; 6 (b) "Small business mentoring program" means a program established by 7 the authority pursuant to these provisions to provide small businesses 8 accepted into the program with the opportunity: 9 (i) for up to four years, to compete for and, where awarded, to 10 perform certain authority public work contracts to be designated by the 11 authority for inclusion in this program under this subparagraph, with 12 the assistance of an authority-provided mentor, which shall be a firm 13 competitively selected by the authority that has extensive construction 14 management and mentoring experience, with the mentor to provide the 15 small business with advice and assistance in competing for and managing 16 authority public work contracts; and 17 (ii) for a small business mentoring program participant which the 18 authority has determined has successfully completed the program under 19 subparagraph (i) of this paragraph, for up to four additional years, (A) 20 additional opportunities to compete with other designated small busi- 21 nesses in the program for certain public work contracts to be designated 22 for inclusion under this subparagraph and, where awarded, to perform 23 such authority public work contracts, with the further assistance of an 24 authority-provided mentor, which shall be a firm competitively selected 25 by the authority that has extensive construction management and mentor- 26 ing experience, with the mentor to provide the small business with 27 advice and technical assistance in competing for and managing authority 28 public work contracts, and (B) authority-provided assistance, as deter- 29 mined by the authority, for such a small business to obtain bonding for 30 public work contracts that are competitively awarded pursuant to 31 provisions of law other than this section. 32 (c) "Small business mentoring program contract" means a non-federally 33 funded authority public work contract designated by the authority, in an 34 estimated amount of not more than one million dollars for contracts 35 under subparagraph (i) of paragraph (b) of this subdivision and three 36 million dollars for contracts under subparagraph (ii) of paragraph (b) 37 of this subdivision, for which bids or proposals are to be invited and 38 accepted only from businesses that are enrolled in the small business 39 mentoring program and have been selected by the authority to compete for 40 the contract. 41 2. (a) The authority may establish a small business mentoring program. 42 In connection therewith, the authority may determine the criteria pursu- 43 ant to which a small business shall be eligible for and selected to 44 participate in the program under subparagraphs (i) and (ii) of paragraph 45 (b) of subdivision one of this section, the number of participants to 46 participate in each of such components of the program, the criteria for 47 the competitive selection of the firms that will provide small busi- 48 nesses with mentoring services, the assignment of a mentor to a specific 49 small business in the small business mentoring program, and the funding 50 for the program. 51 (b) Under the small business mentoring program, the chairperson or the 52 chairperson's designee is authorized, notwithstanding any other 53 provision of law: 54 (i) to designate which eligible public work contracts shall be small 55 business mentoring program contracts under subparagraphs (i) and (ii) of 56 paragraph (b) of subdivision one of this section, respectively;A. 2196 78 1 (ii) to establish standards for qualifying small business mentoring 2 program participants to compete for a small business mentoring program 3 contract, provided that no less than three qualified small businesses in 4 the program must submit responsive offers to perform the contract; 5 (iii) to determine when bids or proposals for a small business mentor- 6 ing program contract should be restricted to small business mentoring 7 program participants which, prior to the receipt of bids or proposals, 8 have been qualified by the authority for such competition; 9 (iv) to competitively select, designate and contract with one or more 10 experienced construction management firms that, under the general super- 11 vision of the authority, will provide mentoring services to the small 12 businesses participating in the small business mentoring program, and to 13 assign such mentors one or more designated small businesses participat- 14 ing in the program; 15 (v) for small business mentoring program contracts, except as set 16 forth herein, to waive requirements for the solicitation and award of a 17 public work contract pursuant to sections twelve hundred nine, thirteen 18 hundred forty-nine-f and twenty-eight hundred seventy-nine of this chap- 19 ter and any other provision of law; 20 (vi) to assist only small business mentoring program participants that 21 have been awarded small business mentoring program contracts to obtain 22 any surety bond or contract of insurance required of them in connection 23 with such contract only notwithstanding any provision of section two 24 thousand five hundred four of the insurance law to the contrary; and 25 (vii) for small businesses that have been accepted into the small 26 business mentoring program under subparagraph (ii) of paragraph (b) of 27 subdivision one of this section, in addition to the benefits of such 28 program and notwithstanding any other provision of law, to provide tech- 29 nical assistance in obtaining bids, payment and performance bonding for 30 authority public work contracts that are not small business mentoring 31 program contracts, for which the small business is otherwise qualified. 32 3. (a) If the total number of qualified small business mentoring 33 program participants that respond to a competition and are considered 34 capable of meeting the specifications and terms of the invitation to 35 compete is less than three, or if the chairperson or the chairperson's 36 designee determines that acceptance of the best offer will result in the 37 payment of an unreasonable price, the authority may reject all offers 38 and withdraw the designation of the contract as a small business mentor- 39 ing program contract. 40 (b) If the authority withdraws the designation of contract as a small 41 business mentoring program contract, the firms, if any, that made offers 42 shall be notified. Invitations to compete containing the same or rewrit- 43 ten specifications and terms shall then be re-issued as a small business 44 mentoring program contract for one or more additional contract period. 45 4. A mentor shall provide services and assistance to a small business 46 as designated by the authority, which may include the following: 47 (a) provide business training in the skills necessary to operate a 48 successful construction business and to compete for and perform a public 49 work contract; 50 (b) provide technical assistance to the small business to assess the 51 outcome if the small business competes for but is not awarded a 52 contract; 53 (c) if the small business mentoring program contract is awarded to the 54 small business, provide guidance, advice and technical assistance to the 55 small business in the performance of the contract; andA. 2196 79 1 (d) provide other technical assistance to the small business to facil- 2 itate learning, training and other issues which may arise. 3 5. The authority may delegate to the chairperson or the chairperson's 4 designee, the authority's responsibilities set forth in this title. 5 6. The small business mentoring program contracts authorized by this 6 legislation shall, for the initial year of the program, be in an aggre- 7 gate amount of not less than ten million dollars, and shall not exceed 8 one hundred million dollars, with the maximum amount in future years to 9 be set by the chairperson. 10 § 1349-h. Special powers of the authority. In order to effectuate the 11 purposes of this title: 12 1. The authority may acquire, by purchase, gift, grant, transfer, 13 contract or lease, any transportation facility, wholly or partially 14 within the city, or any part thereof, or the use thereof, and may enter 15 into any joint service arrangements as hereinafter provided. Any such 16 acquisition or joint service arrangement shall be authorized only by 17 resolution of the authority approved by not less than a majority vote. 18 2. The authority may on such terms and conditions as the authority may 19 determine necessary, convenient or desirable itself plan, design, 20 acquire, establish, construct, effectuate, operate, maintain, renovate, 21 improve, extend, rehabilitate or repair any transportation facility, or 22 may provide for such planning, design, acquisition, establishment, 23 construction, effectuation, operation, maintenance, renovation, improve- 24 ment, extension, rehabilitation or repair by contract, lease or other 25 arrangement on such terms as the authority may deem necessary, conven- 26 ient or desirable with any person, including but not limited to any 27 common carrier or freight forwarder, the state, any state agency, the 28 federal government, any other state or agency or instrumentality there- 29 of, any public authority of this or any other state, the port of New 30 York authority or any political subdivision or municipality of the 31 state. In connection with the operation of any transportation facility, 32 the authority may plan, design, acquire, establish, construct, effectu- 33 ate, operate, maintain, renovate, improve, extend or repair or may 34 provide by contract, lease or other arrangement for the planning, 35 design, acquisition, establishment, construction, effectuation, opera- 36 tion, maintenance, renovation, improvement, extension or repair of any 37 related services and activities it deems necessary, convenient or desir- 38 able, including but not limited to the transportation and storage of 39 freight and the United States mail, feeder and connecting transporta- 40 tion, parking areas, transportation centers, stations and related facil- 41 ities. 42 3. (a) Except as directed in paragraph (c) of this subdivision, the 43 authority shall establish, levy and collect or cause to be established, 44 levied and collected and, in the case of a joint service arrangement, 45 join with others in the establishment, levy and collection of such 46 fares, tolls, rentals, rates, charges and other fees necessary for the 47 use and operation of any transportation facility and related services 48 operated by the authority or by a subsidiary corporation of the authori- 49 ty or under contract, lease or other arrangement, including joint 50 service arrangements, with the authority. Any such fares, tolls, 51 rentals, rates, charges or other fees for the transportation of passen- 52 gers shall be established and changed only if approved by resolution of 53 the authority adopted by not less than a majority vote and only after a 54 public hearing, provided however, that fares, tolls, rentals, rates, 55 charges or other fees for the transportation of passengers on any trans- 56 portation facility which are in effect at the time that the then ownerA. 2196 80 1 of such transportation facility becomes a subsidiary corporation of the 2 authority or at the time that operation of such transportation facility 3 is commenced by the authority or is commenced under contract, lease or 4 other arrangement, including joint service arrangements, with the 5 authority may be continued in effect without such a hearing. Such fares, 6 tolls, rentals, rates, charges and other fees shall be established as 7 may in the judgment of the authority be necessary to maintain the 8 combined operations of the authority and its subsidiary corporations on 9 a self-sustaining basis and to ensure that the operations of the author- 10 ity are such that, at the end of the fiscal year, the results thereof 11 shall not show a deficit when reported in accordance with generally 12 accepted accounting principles unless such deficit is offset by funds 13 withdrawn from reserves therefor. The said operations shall be deemed to 14 be on a self-sustaining basis as required by this title, when the 15 authority is able to pay or cause to be paid from revenue and any other 16 funds or property actually available to the authority and its subsidiary 17 corporations (i) as the same shall become due, the principal of and 18 interest on the bonds and notes and other obligations of the authority 19 and its subsidiaries, and the metropolitan transportation authority, 20 together with the maintenance of proper reserves therefor, (ii) the cost 21 and expense of keeping the properties and assets of the authority and 22 its subsidiary corporations in good condition and repair, and (iii) the 23 capital and operating expenses of the authority and its subsidiary 24 corporations. The authority may contract with the holders of bonds and 25 notes with respect to the exercise of the powers authorized by this 26 section. No acts or activities taken or proposed to be taken by the 27 authority or any subsidiary of the authority pursuant to the provisions 28 of this subdivision shall be deemed to be "actions" for the purposes or 29 within the meaning of article eight of the environmental conservation 30 law. 31 (b) All fares, tolls, rentals, rates, charges, and other fees estab- 32 lished, levied, and collected or caused to be established, levied, and 33 collected by the authority and its affiliates, shall first be trans- 34 ferred to the metropolitan transportation authority in order to maintain 35 the metropolitan transportation authority on a self-sustaining basis 36 unless already pledged to secure, and necessary to satisfy the debt 37 service or reserve requirements of, bonds, notes or other obligations of 38 the New York city transit authority or the Triborough bridge and tunnel 39 authority prior to January first, two thousand twenty-four. 40 (c) In the event that the monthly revenues of the metropolitan trans- 41 portation authority fall below one hundred twenty-five percent of the 42 amount necessary to maintain the operations of the metropolitan trans- 43 portation authority on a self-sustaining basis, as defined by section 44 twelve hundred sixty-six of this article, the authority shall, at the 45 direction of the metropolitan transportation authority, establish, levy 46 and collect or cause to be established, levied and collected, in the 47 case of a joint service arrangement, and join with others in the estab- 48 lishment, levy and collection of such fares, tolls, rentals, rates, 49 charges and other fees as the metropolitan transportation authority may 50 deem necessary, convenient or desirable for the use and operation of any 51 transportation facility and related services operated by the authority 52 or by a subsidiary corporation of the authority or under contract, lease 53 or other arrangement, including joint service arrangements, with the 54 authority, until such time that monthly revenues of the metropolitan 55 transportation authority has exceeded, for three consecutive months, two 56 hundred percent of the amount necessary to maintain the monthly oper-A. 2196 81 1 ations of the metropolitan transportation authority on a self-sustaining 2 basis. 3 4. In furtherance of the authority's mandate to develop and implement 4 a unified mass transportation policy for the city and the exercise of 5 its powers, including the power to issue notes, bonds and other obli- 6 gations secured in whole or in part by the revenues of the authority and 7 its subsidiaries, and New York city transit authority and its subsid- 8 iaries, the authority shall join with the New York city transit authori- 9 ty and its subsidiaries in connection with any change in the establish- 10 ment, levy and collection of fares, tolls, rentals, rates, charges and 11 other fees for the transportation of passengers on any transportation 12 facilities operated by New York city transit authority and its subsid- 13 iaries. Such fares, tolls, rentals, charges and other fees on transit 14 facilities shall be established in accordance with the requirements of 15 sections twelve hundred five and twelve hundred seven-i of this article. 16 5. The authority may establish and, in the case of joint service 17 arrangements, join with others in the establishment of such schedules 18 and standards of operations and such other rules and regulations includ- 19 ing but not limited to rules and regulations governing the conduct and 20 safety of the public as it may deem necessary, convenient or desirable 21 for the use and operation of any transportation facility and related 22 services operated by the authority or under contract, lease or other 23 arrangement, including joint service arrangements, with the authority. 24 In the case of any conflict between any such rule or regulation of the 25 authority governing the conduct or the safety of the public and any 26 local law, ordinance, rule or regulation, such rule or regulation of the 27 authority shall prevail. Violation of any such rule or regulation of 28 the authority governing the conduct or the safety of the public in or 29 upon any facility of the authority shall constitute an offense and shall 30 be punishable by a fine not exceeding fifty dollars or imprisonment for 31 not more than thirty days or both or may be punishable by the imposition 32 of a civil penalty by the transit adjudication bureau established pursu- 33 ant to the provisions of title nine of this article. 34 6. The authority may acquire, hold, own, lease, establish, construct, 35 effectuate, operate, maintain, renovate, improve, extend or repair any 36 transportation facilities through, and cause any one or more of its 37 powers, duties, functions or activities to be exercised or performed by, 38 one or more wholly owned subsidiary corporations of the authority, or by 39 New York city transit authority or any of its subsidiary corporations in 40 the case of transit facilities and may transfer to or from any such 41 corporations any moneys, real property or other property for any of the 42 purposes of this title upon such terms and conditions as shall be agreed 43 to and subject to such payment or repayment obligations as are required 44 by law or by any agreement to which any of the affected entities is 45 subject. The directors or members of each such subsidiary corporation of 46 the authority corporation shall be the same persons holding the offices 47 of members of the authority. The chairperson of the board of each such 48 subsidiary shall be the chairperson of the authority, serving ex officio 49 and, provided that there is an executive director of the big apple tran- 50 sit authority, the executive director of such subsidiary shall be the 51 executive director of the big apple transit authority, serving ex offi- 52 cio. Notwithstanding any provision of law to the contrary, the chair- 53 person shall be the chief executive officer of each such subsidiary and 54 shall be responsible for the discharge of the executive and administra- 55 tive functions and powers of each such subsidiary. The chairperson and 56 executive director, if any, shall be empowered to delegate his or herA. 2196 82 1 functions and powers to one or more officers or employees of each such 2 subsidiary designated by him or her. Each such subsidiary corporation of 3 the authority and any of its property, functions and activities shall 4 have all of the privileges, immunities, tax exemptions and other 5 exemptions of the authority and of the authority's property, functions 6 and activities. Each such subsidiary corporation shall be subject to the 7 restrictions and limitations to which the authority may be subject. Each 8 such subsidiary corporation of the authority shall be subject to suit in 9 accordance with section thirteen hundred forty-nine-mm of this title. 10 The employees of any such subsidiary corporation, except those who are 11 also employees of the authority, shall not be deemed employees of the 12 authority. 13 7. If the authority shall determine that one or more of its subsidiary 14 corporations should be in the form of a public benefit corporation, it 15 shall create each such public benefit corporation by executing and 16 filing with the secretary of state a certificate of incorporation, which 17 may be amended from time to time by filing, which shall set forth the 18 name of such public benefit subsidiary corporation, its duration, the 19 location of its principal office, and any or all of the purposes of 20 acquiring, owning, leasing, establishing, constructing, effectuating, 21 operating, maintaining, renovating, improving, extending or repairing 22 one or more facilities of the authority. Each such public benefit 23 subsidiary corporation shall be a body politic and corporate and shall 24 have all those powers vested in the authority by the provisions of this 25 title which the authority shall determine to include in its certificate 26 of incorporation except the power to contract indebtedness. 27 8. Whenever any state, political subdivision, municipality, commis- 28 sion, agency, officer, department, board, division or person is author- 29 ized and empowered for any of the purposes of this title to co-operate 30 and enter into agreements with the authority such state, political 31 subdivision, municipality, commission, agency, officer, department, 32 board, division or person shall have the same authorization and power 33 for any of such purposes to co-operate and enter into agreements with a 34 subsidiary corporation of the authority. 35 9. Each of the authority and its subsidiaries, and the New York city 36 transit authority and its subsidiaries, in its own name or in the name 37 of the city, may apply for and receive and accept grants of property, 38 money and services and other assistance offered or made available to it 39 by any person, government or agency, which it may use to meet capital or 40 operating expenses and for any other use within the scope of its powers, 41 and to negotiate for the same upon such terms and conditions as the 42 respective authority may determine to be necessary, convenient or desir- 43 able. 44 10. Subject to the rights of the holders of any outstanding bonds, 45 notes or other obligations of the authority, New York city transit 46 authority and Triborough bridge and tunnel authority, and to facilitate 47 the efficient financial management of the authority, its subsidiary 48 corporations, New York city transit authority and its subsidiary corpo- 49 rations, and Triborough bridge and tunnel authority (the "affiliated 50 entities"), the authority may, and may permit and direct any affiliated 51 entity to, transfer revenues, subsidies and other monies or securities 52 to one or more funds or accounts of another affiliated entity for use by 53 such other affiliated entity, provided at the time of such transfer it 54 is reasonably anticipated that the monies and securities so transferred 55 will be reimbursed, repaid or otherwise provided for by the end of the 56 next succeeding calendar year if reimbursement or repayment is requiredA. 2196 83 1 by law or by any agreement to which any of the affected affiliated enti- 2 ties is subject. Any revenues of an affiliated entity that are trans- 3 ferred to another affiliated entity, which transfer was not authorized 4 by a provision of law other than this subdivision, shall be considered 5 to be required to be repaid to the affiliated entity which was the 6 source of such revenues by the end of the next succeeding calendar year 7 following such transfer. 8 11. The authority may lease railroad cars for use in its passenger 9 service pursuant to the provisions of chapter six hundred thirty-eight 10 of the laws of nineteen hundred fifty-nine. 11 12. The authority may do all things it deems necessary, convenient or 12 desirable to manage, control and direct the maintenance and operation of 13 transportation facilities, equipment or real property operated by or 14 under contract, lease or other arrangement with the authority and its 15 subsidiaries, and New York city transit authority and its subsidiaries. 16 Except as hereinafter specially provided, no municipality or political 17 subdivision other than the city of New York, including but not limited 18 to a county, city, village, town or school or other district shall have 19 jurisdiction over any facilities of the authority and its subsidiaries, 20 and New York city transit authority and its subsidiaries, or any of 21 their activities or operations. The local laws, resolutions, ordinances, 22 rules and regulations of a municipality or political subdivision, here- 23 tofore or hereafter adopted, conflicting with this title or any rule or 24 regulation of the authority or its subsidiaries, or New York city trans- 25 it authority or its subsidiaries, shall not be applicable to the activ- 26 ities or operations of the authority and its subsidiaries, and New York 27 city transit authority, or the facilities of the authority and its 28 subsidiaries, and New York city transit authority and its subsidiaries, 29 except such facilities that are devoted to purposes other than transpor- 30 tation or transit purposes. Each municipality or political subdivision, 31 including but not limited to a county, city, village, town or district 32 in which any facilities of the authority or its subsidiaries, or New 33 York city transit authority or its subsidiaries are located shall 34 provide for such facilities police, fire and health protection services 35 of the same character and to the same extent as those provided for resi- 36 dents of such municipality or political subdivision. 37 13. The jurisdiction, supervision, powers and duties of the department 38 of transportation of the state under the transportation law shall not 39 extend to the authority in the exercise of any of its powers under this 40 title. The authority may agree with such department for the execution by 41 such department of any grade crossing elimination project or any grade 42 crossing separation reconstruction project along any railroad facility 43 operated by the authority or by one of its subsidiary corporations or 44 under contract, lease or other arrangement with the authority. Any such 45 project shall be executed as provided in article ten of the transporta- 46 tion law and the railroad law, respectively, and the costs of any such 47 project shall be borne as provided in such laws, except that the author- 48 ity's share of such costs shall be borne by the state. 49 14. Notwithstanding the provisions of any other law, general, special 50 or local, or of any agreement entered into in pursuance thereof, relat- 51 ing to the repayment of any loan or advance made by the city or the 52 state to the authority or to the New York city transit authority, 53 neither the authority nor the New York city transit authority shall be 54 required to repay any such loan or advance heretofore made from or by 55 reason of the issuance of bonds or notes of either of them or from the 56 proceeds realized upon such issuance or from any other funds received byA. 2196 84 1 either of them from any source whatever in aid or assistance of the 2 project or projects for the financing of which such bonds or notes are 3 issued. 4 15. No project to be constructed upon real property theretofore used 5 for a transportation purpose, or on an insubstantial addition to such 6 property contiguous thereto, which will not change in a material respect 7 the general character of such prior transportation use, nor any acts or 8 activities in connection with such project, shall be subject to the 9 provisions of article eight, nineteen, twenty-four, or twenty-five of 10 the environmental conservation law, or to any local law or ordinance 11 adopted pursuant to any such article. Nor shall any acts or activities 12 taken or proposed to be taken by the authority or by any other person or 13 entity, public or private, in connection with the planning, design, 14 acquisition, improvement, construction, reconstruction or rehabilitation 15 of a transportation facility, other than a marine or aviation facility, 16 be subject to the provisions of article eight of the environmental 17 conservation law, or to any local law or ordinance adopted pursuant to 18 any such article if such acts or activities require the preparation of a 19 statement under or pursuant to any federal law or regulation as to the 20 environmental impact thereof. 21 16. The authority may, upon suitable notice to and an offer to consult 22 with an officer designated by the city of New York, occupy the streets 23 of the city of New York for the purpose of doing any work over or under 24 the same in connection with the improvement, construction, recon- 25 struction or rehabilitation of a transportation facility without the 26 consent of or payment to such city. 27 17. The authority and each of its subsidiary corporations shall place 28 on each transformer and substation which contains polychlorinated biphe- 29 nyls a symbol so indicating the presence of polychlorinated biphenyls. 30 Use of a polychlorinated biphenyl mark illustrated in the rules and 31 regulations promulgated pursuant to the federal Toxic Substances Control 32 Act shall constitute compliance with the provisions of this subdivision. 33 18. (a) Notwithstanding any other provisions of law or the terms of 34 any contract, the authority shall establish and implement a no fare 35 program for transportation for individuals serving as personal care 36 attendants accompanying an Americans with Disabilities Act paratransit 37 eligible individual. 38 (b) In order to be eligible for such no fare program the personal care 39 attendant must show his or her community based personal care attendant 40 agency issued identification card. 41 (c) In order to be considered accompanying an Americans with Disabili- 42 ties Act paratransit eligible individual the personal care attendant 43 shall have the same origin and destination as such paratransit eligible 44 individual. 45 19. Notwithstanding any other provision of law, the authority and any 46 of its subsidiary corporations shall establish and implement a half fare 47 rate program for persons with serious mental illness who are eligible to 48 receive supplemental security income benefits as defined pursuant to 49 title sixteen of the federal Social Security Act and section two hundred 50 nine of the social services law. 51 20. The authority shall conduct a campaign of public outreach to 52 inform the public of the provisions pertaining to assault on employees 53 as provided by subdivision eleven of section 120.05 of the penal law. 54 § 1349-i. Medical emergency services. The authority is hereby author- 55 ized and directed to prepare and develop a medical emergency services 56 program to be implemented at a time to be specified in such program forA. 2196 85 1 the benefit of persons utilizing transportation and other related 2 services of the authority. Such program may include but not be limited 3 to the provision for the following: the training of designated employees 4 in first aid, emergency techniques and procedures, handling and posi- 5 tioning of stricken commuters, and knowledge of procedures and equipment 6 used for respiratory and cardiac emergencies. Such program shall be 7 submitted to the legislature not later than one hundred eighty days 8 after the effective date of this section. 9 § 1349-j. Transit projects. 1. Subject to the provisions of this 10 section, the authority is hereby authorized, upon the request of the New 11 York city transit authority and upon such terms and conditions as shall 12 be agreed to by the authority (a) to plan, design, acquire, construct, 13 reconstruct, rehabilitate and improve facilities, equipment, devices and 14 appurtenances, and property or property rights constituting or to 15 constitute part of, or used or to be used in connection with the opera- 16 tion of any transit facility now or hereafter owned or operated by the 17 New York city transit authority or any of its subsidiaries, each of such 18 activities and programs being referred to in this section as a "transit 19 project"; (b) to finance the costs of a transit project by the issuance 20 of its notes, bonds or lease obligations; and (c) upon the completion of 21 any transit project or part thereof, to cause the same to be trans- 22 ferred, leased or subleased to the New York city transit authority or 23 its designated subsidiary or other designee, for consideration. The 24 terms "facilities", "equipment", "devices and appurtenances", "property" 25 or "property rights" and "transit facility" shall have the meanings 26 given to such terms in section twelve hundred of this article. The 27 authority shall have no obligation to operate or, except as may other- 28 wise be provided in any lease to which it may be a party as hereinafter 29 provided, repair or maintain any transit project or part thereof subse- 30 quent to its completion nor shall it be liable to the transferee, lessee 31 or sublessee by reason of any warranty, express or implied, in respect 32 thereof. Warranties furnished in connection with such transit project 33 shall be assignable and assigned as directed by the New York city trans- 34 it authority and approved by the authority. 35 2. In connection with any transit project, and in order to effectuate 36 the purposes of this section, the authority shall, subject to the 37 provisions of this section, have all of the powers provided elsewhere in 38 this title, and, in addition, the authority may: 39 (a) issue its notes or bonds to finance all or any part of the costs 40 of a transit project; 41 (b) finance all or any part of the costs to the authority or to any 42 other person or entity, public or private, of such transit project 43 through, or accompanied by, a leasing of such project or any part there- 44 of by such person or entity to the authority or through or accompanied 45 by a sale by the authority to any such person or entity and leaseback to 46 the authority, in each case for subleasing to the New York city transit 47 authority, its designated subsidiary or other designee for consider- 48 ation, except that such leasing or leaseback from such person or entity 49 may be made directly to the New York city transit authority or its 50 designated subsidiary or other designee with the consent of the authori- 51 ty; 52 (c) issue its notes or bonds to defease the lien of, refund or other- 53 wise repay any outstanding notes, bonds or other obligations of the New 54 York city transit authority which in the judgment of the authority would 55 otherwise delay, impede or prevent its financing a transit project;A. 2196 86 1 (d) accept the notes, bonds, lease, sublease and other contractual 2 obligations of the New York city transit authority and any of its desig- 3 nated subsidiaries in payment for a transfer, lease or sublease of a 4 transit project; 5 (e) accept from the New York city transit authority or its designated 6 subsidiary or from the city of New York, acting by its mayor alone, a 7 transfer of title to or the use, occupancy, control or possession of any 8 real or personal property (or any interest therein) needed or useful for 9 or in connection with any transit project; 10 (f) obtain security for the payment by the New York city transit 11 authority or its designated subsidiary of its notes, bonds, lease, 12 sublease or other contractual obligations, including a pledge of all or 13 any part of any of their revenues, which pledge may contain covenants 14 with respect to the charging and fixing of fares, fees and rentals, the 15 use and disposition of such fares, fees, rentals and other revenues, and 16 the setting aside of reserves therefrom; 17 (g) with the consent of the New York city transit authority or its 18 designated subsidiary, use, with or without compensation, its agents, 19 employees and facilities; and 20 (h) apply for, accept, enter into contracts for, administer and 21 disburse any federal, state or local aid or assistance, subject to the 22 terms and conditions thereof, which may be available for any transit 23 project. 24 3. All of the provisions of this title not inconsistent with the 25 provisions of this section shall be applicable with respect to any 26 bonds, notes or lease obligations of the authority issued or entered 27 into to finance any transit project, or to defease the lien of, refund 28 or otherwise repay outstanding bonds, notes or other obligations of the 29 New York city transit authority, subject to the following conditions: 30 (a) such bonds and notes shall be payable as to principal, redemption 31 premium, if any, and interest and such other obligations shall be paya- 32 ble, all in the manner more particularly provided by the authority in 33 the resolution under which the same shall be authorized to be issued; 34 (b) such lease obligations shall be non-recourse obligations limited 35 to the recovery of the leased property by the lessor and as to the 36 payments of sums of money coming due thereunder, to proceedings against 37 the sublessee under any underlying sublease or pursuant to any pledge or 38 assignment given to secure sums payable under such underlying sublease; 39 (c) no bonds or notes of the authority shall be issued for the purpose 40 of defeasing the lien of, refunding or otherwise repaying outstanding 41 bonds, notes or other obligations of the New York city transit authority 42 unless (i) the city of New York shall have entered into an agreement on 43 terms satisfactory to the authority to make periodic payments to the New 44 York city transit authority, and (ii) the New York city transit authori- 45 ty shall have entered into an agreement on terms satisfactory to the 46 authority to make periodic payments to the authority, in each case 47 sufficient to pay, when due, the principal, redemption premium, if any, 48 and interest upon the bonds or notes of the authority issued to effect 49 such defeasance, refunding or repayment; 50 (d) notwithstanding and in addition to any provisions for the redemp- 51 tion of such bonds or notes which may be contained in any contract with 52 the holders thereof, the city of New York may, upon furnishing suffi- 53 cient funds therefor, require the authority to redeem as a whole any 54 issue of such bonds or notes at the time or times and at the place or 55 places and in accordance with the terms upon which such bonds or notes 56 are redeemable; andA. 2196 87 1 (e) the city of New York shall not be liable on such bonds or notes, 2 and such bonds or notes shall not be a debt of the city of New York, and 3 shall contain on the face thereof a statement to such effect. 4 4. The authority shall not undertake any transit project unless the 5 New York city transit authority or the subsidiary for whose benefit the 6 transit project is to be undertaken, or both, shall pay or agree to pay, 7 in the form of a bond, note, lease, sublease or other contractual obli- 8 gation, in a manner and on terms and conditions satisfactory to the 9 authority, any portion of the costs to the authority of such transit 10 project and the financing thereof which is not paid to the authority 11 from any federal, state or local aid or assistance or which is not paya- 12 ble from any other moneys made available or payable to the authority by 13 others for such project. 14 5. Neither the provisions of section one hundred ninety-seven-c of the 15 New York city charter, relating to a uniform land use review procedure, 16 nor the provisions of any other local law of the city of New York of 17 like or similar tenor or import shall apply (a) to the acquisition of 18 any real property, or any interest therein, for the purposes of any 19 transit project by the city or by the New York city transit authority or 20 any of its subsidiaries; (b) to the subsequent transfer of any real 21 property (or interest therein) so acquired to the authority or its 22 designee for the purposes of such project or to the transfer to the 23 authority or its designee for such purposes of any real property (or 24 interest therein) then owned by the city or by the New York city transit 25 authority or any such subsidiary; nor (c) to the transfer to the author- 26 ity or its designee for such purposes of the right of use, occupancy, 27 control or possession of any real property (or interest therein), wheth- 28 er presently owned or hereafter acquired by the city or by the New York 29 city transit authority or any such subsidiary; provided in each such 30 case, however, that if at the time of such proposed acquisition or 31 transfer the real property which is the subject of such acquisition or 32 transfer is not then being utilized for a transit or transportation 33 purpose or is not an insubstantial addition to such property contiguous 34 thereto; (i) the authority proposing to acquire or receive such property 35 shall, unless a submission with respect to such property has previously 36 been made and approved as herein provided, submit to the community board 37 for the community district in which such property is located, data with 38 respect to the proposed use of such property and to the design of any 39 facility proposed to be constructed thereon; (ii) such community board 40 shall inform the council of the city of New York, with copies to the 41 city planning commission of the city of New York and the proposing 42 authority, of its views and recommendations with respect thereto within 43 forty-five days of such submission, and if the community board shall 44 fail to so inform such council within such period it shall be deemed to 45 have recommended the proposal; and (iii) such council shall, within 46 forty-five days of the recommendation of the community board, approve or 47 disapprove such acquisition or transfer, and if such council shall fail 48 to act within such period it shall be deemed to have approved the same. 49 6. In its performance of any transit project, the authority shall not 50 be deemed the agent or instrumentality of the city of New York or the 51 New York city transit authority or any of its subsidiaries notwithstand- 52 ing the fact that title to any real or personal property (or any inter- 53 est therein) which is the subject of or is a part of such project is 54 held by or upon completion of such project is to be transferred to such 55 other entity. In its performance of any transit project, however, theA. 2196 88 1 provisions of section twelve hundred nine of this article shall apply to 2 the authority as if it were the authority referred to in such section. 3 7. The authority, in addition to the powers provided elsewhere in this 4 title, shall possess all of the powers, rights and privileges of the New 5 York city transit authority or its designated subsidiary in connection 6 with the undertaking by the authority of any transit project. The 7 authority, upon suitable notice to and an offer to consult with an offi- 8 cer designated by the city of New York, may occupy the streets of the 9 city of New York for the purpose of doing any work over or under the 10 same in connection with any transit project without the consent of or 11 payment to such city. 12 8. After the transfer, transfer back, lease or sublease to the New 13 York city transit authority or its designated subsidiary or other desig- 14 nee of any transit project or part thereof, actions for damages for 15 injuries to real or personal property or for the destruction thereof, or 16 for personal injuries or death, based upon the use, condition or state 17 of such project or part thereof may not be instituted against the 18 authority, which shall have no liability or responsibility to the trans- 19 feree, lessee or sublessee or to third parties therefor. 20 9. Except as the authority shall otherwise agree, title to any transit 21 project or any part thereof or interest therein which shall have been 22 transferred, leased, or subleased to the New York city transit authority 23 or its designated subsidiary, shall remain in such transferee, lessee, 24 or sublessee notwithstanding any provision of title nine of this article 25 or of any lease or other agreement entered into under the provisions of 26 such title to the contrary. 27 10. The providing of any transit project shall not relieve the city of 28 New York of its obligations under law and by lease to pay the capital 29 costs of the New York city transit authority or its subsidiaries. 30 11. No transit project to be constructed upon real property to be used 31 for a transit or transportation purpose, or on an insubstantial addition 32 to such property contiguous thereto, which will not change in a material 33 respect the general character of such prior transit or transportation 34 use, nor any acts or activities in connection with such project, shall 35 be subject to the provisions of article eight, nineteen, twenty-four or 36 twenty-five of the environmental conservation law, or to any local law 37 or ordinance adopted pursuant to any such article. Nor shall any trans- 38 it project or any acts or activities in connection therewith taken by 39 any person or entity, public or private, pursuant to this section be 40 subject to the provisions of article eight of the environmental conser- 41 vation law if such project, acts or activities require the preparation 42 of a statement under or pursuant to any federal law or regulation as to 43 the environmental impact thereof. 44 12. The provisions of this section and of all agreements undertaken by 45 the New York city transit authority in accordance therewith shall in all 46 respects be subject to the rights of the holders of any outstanding 47 bonds or notes of such authority. 48 13. (a) All contracts for design, construction, services and materials 49 pursuant to this title of whatever nature and all documents soliciting 50 bids or proposals therefor shall contain or make reference to the 51 following provisions: 52 (i) The contractor will not discriminate against employees or appli- 53 cants for employment because of race, creed, color, national origin, 54 sex, age, disability, or marital status, and will undertake or continue 55 existing programs of affirmative action to ensure that minority group 56 persons and women are afforded equal opportunity without discrimination.A. 2196 89 1 Such programs shall include, but not be limited to, recruitment, employ- 2 ment, job assignment, promotion, upgrading, demotion, transfer, layoff, 3 termination, rates of pay or other forms of compensation, and selections 4 for training or retraining, including apprenticeship and on-the-job 5 training. 6 (ii) At the request of the New York city transit authority, the big 7 apple transit authority, and their subsidiaries, the contractor shall 8 request each employment agency, labor union, or authorized represen- 9 tative of workers with which it has a collective bargaining or other 10 agreement or understanding and which is involved in the performance of 11 the contract with the authority to furnish a written statement that such 12 employment agency, labor union or representative shall not discriminate 13 because of race, creed, color, national origin, sex, age, disability or 14 marital status and that such union or representative will cooperate in 15 the implementation of the contractor's obligations under this section. 16 (iii) The contractor will state, in all solicitations or advertise- 17 ments for employees placed by or on behalf of the contractor in the 18 performance of the contract with the authority, that all qualified 19 applicants will be afforded equal employment opportunity without 20 discrimination because of race, creed, color, national origin, sex, age, 21 disability or marital status. 22 (iv) The contractor will include the provisions of subparagraphs (i), 23 (ii), and (iii) of this paragraph in every subcontract or purchase order 24 in such a manner that such provisions will be binding upon each subcon- 25 tractor or vendor as to its work in connection with the contract with 26 the authority. 27 (b) The authority shall establish procedures and guidelines to ensure 28 that contractors and subcontractors undertake programs of affirmative 29 action and equal employment opportunity as required by this subdivision. 30 Such procedures may require after notice in a bid solicitation, the 31 submission of an affirmative action program prior to the award of any 32 contract, or at any time thereafter, and may require the submission of 33 compliance reports relating to the operation and implementation of any 34 affirmative action program adopted pursuant to this section. The author- 35 ity may take appropriate action including contractual sanctions for 36 non-compliance to effectuate the provisions of this subdivision and 37 shall be responsible for monitoring compliance with this title. 38 14. (a)(i) In the performance of projects pursuant to this title 39 minority and women-owned business enterprises shall be given the oppor- 40 tunity for meaningful participation. The authority provided for in this 41 title shall establish measures and procedures to secure meaningful 42 participation and identify those contracts and items of work for which 43 minority and women-owned business enterprises may best bid to actively 44 and affirmatively promote and assist their participation in the 45 projects, so as to facilitate the award of a fair share of contracts to 46 such enterprises; provided, however, that nothing in this title shall be 47 construed to limit the ability of the authority to assure that qualified 48 minority and women-owned business enterprises may participate in the 49 program. 50 (A) For purposes of this section, minority business enterprise shall 51 mean any business enterprise which is at least fifty-one per centum 52 owned by, or in the case of a publicly owned business, at least fifty- 53 one per centum of the stock of which is owned by citizens or permanent 54 resident aliens who are African-American, Hispanic, Asian or American 55 Indian, Pacific Islander or Alaskan natives and such ownership interest 56 is real, substantial and continuing and have the authority to independ-A. 2196 90 1 ently control the day to day business decisions of the entity for at 2 least one year; and women-owned business enterprise shall mean any busi- 3 ness enterprise which is at least fifty-one per centum owned by, or in 4 the case of a publicly owned business, at least fifty-one per centum of 5 the stock of which is owned by citizens or permanent resident aliens who 6 are women, and such ownership interest is real, substantial and continu- 7 ing and have the authority to independently control the day to day busi- 8 ness decisions of the entity for at least one year. 9 (B) The provisions of this paragraph shall not be construed to limit 10 the ability of any minority or women-owned business enterprise to bid on 11 any contract. 12 (ii) In the implementation of this subdivision, the authority shall 13 consider compliance by any contractor with the requirements of any 14 federal, state, or local law concerning minority and women-owned busi- 15 ness enterprises, which may effectuate the requirements of this subdivi- 16 sion. If the authority determines that by virtue of the imposition of 17 the requirements of any such law, in respect to capital project 18 contracts, the provisions thereof duplicate or conflict with such law, 19 the authority may waive the applicability of this subdivision to the 20 extent of such duplication or conflict. 21 (iii) Nothing in this subdivision shall be deemed to require that 22 overall state and federal requirements for participation of minority and 23 women-owned business enterprises in programs authorized under this title 24 be applied without regard to local circumstances to all projects or in 25 all communities. 26 (b) In order to implement the requirements and objectives of this 27 subdivision, the authority shall establish procedures to monitor the 28 contractors' compliance with provisions hereof, provide assistance in 29 obtaining competing qualified minority and women-owned business enter- 30 prises to perform contracts proposed to be awarded, and take other 31 appropriate measures to improve the access of minority and women-owned 32 business enterprises to these contracts. 33 15. (a) In connection with the performance of projects pursuant to 34 this section, the authority shall, to the extent practicable and not 35 inconsistent with any federal law, regulation or requirement, promote 36 the meaningful participation of small business and New York state busi- 37 ness enterprises in the provision of goods and services that are 38 produced or manufactured in New York state as part of procurements 39 undertaken by the authority. 40 (b) The authority shall within one hundred eighty days after the 41 effective date of this subdivision develop, and review annually there- 42 after, a plan to effect the purposes of this subdivision. 43 § 1349-k. Excess loss fund. 1. Subject to the provisions of this 44 section, the authority is authorized to issue bonds and notes, in 45 accordance with section thirteen hundred forty-nine-u of this title, in 46 such principal amounts not in excess of the seventy-five million dollar 47 limitation established in subdivision four of this section as, in the 48 opinion of the authority, shall be necessary to provide sufficient funds 49 to meet the capital and reserve requirements of a trust, pooling 50 arrangement or other entity established for the purpose of providing 51 reimbursement and funding to the authority and its subsidiaries, the New 52 York city transit authority and its subsidiaries and Triborough bridge 53 and tunnel authority for excess or extraordinary losses for damages to 54 real or personal property or for the destruction thereof or for personal 55 injuries or death and for certain property damage losses which may be 56 incurred or sustained by any of them in connection with the use andA. 2196 91 1 operation of their respective facilities and in the conduct of their 2 respective activities, the trust, pooling arrangement or other entity 3 established in order to provide such benefits to such participants being 4 referred to in this section as the "excess loss fund". Prior to the 5 issuance of any bonds or notes, other than refunding bonds or notes, 6 authorized by this section, the authority shall make a finding that such 7 issue is expected to result, on a present value basis, in a lower effec- 8 tive cost to the participating authorities than funding the requirements 9 of the excess loss fund solely through the payment of premiums and 10 assessments by such participating authorities. 11 2. In order to effectuate the purposes of the excess loss fund, the 12 authority shall, subject to the provisions of this section, have all the 13 powers provided elsewhere in this title and may: 14 (a) accept the notes, bonds and other contractual obligations of the 15 excess loss fund for funds provided to it by the authority; 16 (b) obtain security for the payment by the excess loss fund of its 17 notes, bonds and other contractual obligations issued to the authority, 18 including a pledge of all or any part of the assets and revenues of the 19 excess loss fund, including its receipts and rights to receive premiums, 20 assessments, reimbursements and other payments from the participants in 21 the excess loss fund, which pledge may contain covenants with respect to 22 the charging and fixing by actuarial estimates, where appropriate, of 23 premiums, assessments, reimbursements and other payments and the use and 24 disposition thereof; and 25 (c) enter into contracts with the excess loss fund and with the 26 participants therein, on such terms and conditions as the parties may 27 agree, with respect to the payment of premiums, assessments, reimburse- 28 ments and other payments to the excess loss fund and the nature and 29 extent of the benefits to be paid by the excess loss fund to such 30 participants. 31 3. The bonds and notes of the authority authorized by this section 32 shall not constitute general obligations of the authority, but shall be 33 special obligations of the authority payable as to principal, redemption 34 premium, if any, and interest solely from the security, sources of 35 payment and funds obtained from or on behalf of the excess loss fund, 36 all in the manner more particularly provided by the authority in the 37 resolution under which such bonds and notes shall be authorized to be 38 issued. 39 4. The aggregate principal amount of bonds and notes issued for the 40 purposes enumerated in subdivision one of this section shall not exceed 41 seventy-five million dollars, excluding: 42 (a) bonds and notes issued to fund costs of issuance and any reason- 43 ably required debt service reserve fund for such bonds or notes; 44 (b) an amount equal to any original issue discount from the principal 45 amount of any bonds or notes issued; and 46 (c) bonds and notes issued to refund or otherwise repay bonds or notes 47 theretofore issued for such purposes, provided, however, that upon any 48 such refunding or repayment of the total aggregate principal amount of 49 outstanding bonds and notes, including for purpose of such calculation 50 the principal amount of the refunding bonds or notes then to be issued 51 and excluding the principal amount of the bonds or notes so to be 52 refunded or repaid and any amounts excluded under paragraph (a) or (b) 53 of this subdivision, may be greater than seventy-five million dollars, 54 only if the present value of the aggregate debt service of the refunding 55 or repayment bonds or notes to be issued shall not exceed the present 56 value of the aggregate debt service of the bonds or notes so to beA. 2196 92 1 refunded or repaid. For purposes of this subparagraph, the present 2 values of the aggregate debt service of the refunding or repayment bonds 3 or notes and of the aggregate debt service of the bonds or notes so to 4 be refunded or repaid, shall be calculated by utilizing the effective 5 interest rate of the refunding or repayment bonds or notes, which shall 6 be that rate arrived at by doubling the semi-annual interest rate, 7 compounded semi-annually, necessary to discount the debt service 8 payments on the refunding or repayment bonds or notes from the payment 9 dates thereof to the date of issue of the refunding or repayment bonds 10 or notes and to the price bid including estimated accrued interest or 11 proceeds received by the authority including estimated accrued interest 12 from the sale thereof. 13 5. The term "excess loss fund" as used in this section shall not 14 include any trust, pooling arrangements or other entity (a) which 15 provides or offers to provide reimbursement or funding for losses or 16 liabilities to any entity other than the authority and its subsidiaries, 17 the New York city transit authority and its subsidiaries and Triborough 18 bridge and tunnel authority, or (b) in which any entity other than the 19 authority and its subsidiaries, the New York city transit authority and 20 its subsidiaries and Triborough bridge and tunnel authority holds an 21 equity interest. 22 § 1349-l. Authority police force. 1. The authority is hereby author- 23 ized and empowered, to provide and maintain an authority police depart- 24 ment and a uniformed authority police force. Each member of such 25 uniformed police force shall be a "police officer" for the purposes of 26 the criminal procedure law, with all of the powers of such police offi- 27 cers thereunder and subject to the same jurisdictional provisions on the 28 exercise of that power as set forth in such law. The geographical area 29 of employment of such police officers for the purposes of the criminal 30 procedure law shall embrace the city of New York. Such department and 31 force shall have the power, in and about any or all of the facilities 32 owned, occupied and/or operated by the authority and its subsidiary 33 corporations, the New York city transit authority and its subsidiaries, 34 and the Triborough bridge and tunnel authority, as determined in the 35 discretion of the authority, to enforce and prevent violation of all 36 laws and ordinances. Nothing in this section shall confer upon the 37 authority police force or upon their collective negotiations represen- 38 tatives exclusive jurisdiction or claim over the exercise of police 39 power or security work on behalf of the authority and its subsidiary 40 corporations, the New York city transit authority and its subsidiaries, 41 and the Triborough bridge and tunnel authority. Nothing in this section 42 shall limit the authority and its subsidiary corporations, the New York 43 city transit authority and its subsidiaries, and the Triborough bridge 44 and tunnel authority from continuing to rely on local police for police 45 services. 46 2. Initial appointments to such authority police force shall from the 47 incumbent police officers of the metropolitan transportation authority 48 at the time of such appointment. The executive director of the authori- 49 ty, through the chief of police, shall have the power and authority to 50 appoint and employ such number of police officers as he or she deems 51 necessary to act as police officers of the authority and to administer 52 to the officers an oath or affirmation faithfully to perform the duties 53 of their respective positions or offices. Unless, at the time of 54 appointment, the person is a police officer of the metropolitan trans- 55 portation authority, only persons who have never been convicted of a 56 felony and are citizens of the United States shall be appointed policeA. 2196 93 1 officers on the authority police force. After the initial appointments 2 are made, selection of police officer candidates shall be made pursuant 3 to an examination process to be determined at the discretion of the 4 authority and candidates must receive a certificate attesting to satis- 5 factory completion of an approved municipal police basic training 6 program, as described in section two hundred nine-q of the general 7 municipal law. No person shall be eligible for appointment unless such 8 person is not less than twenty years of age as of the date of appoint- 9 ment nor more than thirty-five years of age as of the date when the 10 applicant takes the written examination, provided, however, that time 11 spent on military duty or on terminal leave, not exceeding a total of 12 six years, shall be subtracted from the age of any applicant who has 13 passed his or her thirty-fifth birthday as provided in subdivision ten-a 14 of section two hundred forty-three of the military law. Upon appoint- 15 ments made by transferring an entire group of police officers into the 16 authority police force, thereby eliminating such other group of police 17 officers, the authority shall recognize any representative previously 18 chosen by the police officers for the purposes of collective negoti- 19 ations consistent with the bargaining units already established and 20 shall also assume and continue to observe any existing labor contracts 21 covering these police officers including such provisions which relate to 22 the grievance and disciplinary procedures and interest arbitration. 23 Subsequent to the establishment of the consolidated police force the 24 authority and the collective bargaining representatives shall be author- 25 ized to negotiate a merger of the separate bargaining units. 26 3. The authority may appoint a chief and one or more deputy chiefs of 27 the authority police department who, in the discretion of the authority, 28 may be selected from the ranks of the authority police force, and assign 29 powers and duties to them and fix their compensation. The chief shall be 30 the head of such department. The deputy chief designated by the chief 31 shall possess all the powers and perform all the duties of the chief 32 during his or she absence or disability. The authority police force 33 shall consist of such divisions, supervisors and officers, including but 34 not limited to police officers, detectives, sergeants, lieutenants and 35 captains as designated by the authority. Notwithstanding any law or 36 provision to the contrary, the members of the uniformed authority police 37 force shall not acquire civil service status or become members of the 38 New York state and local employees' retirement system, except as set in 39 this section. 40 4. The authority may, in its sole discretion, establish within the 41 authority's defined benefit program, a retirement program consistent 42 with the foregoing. If the authority has not so established such program 43 in its defined benefit program within one hundred eighty days after 44 enactment, then the authority shall elect to participate in article 45 fourteen-B of the retirement and social security law. 46 5. If the authority elects to participate in the New York city employ- 47 ees' retirement system, such election to participate shall be made by 48 resolution filed with the comptroller and accepted by him or her pursu- 49 ant to section thirty-one of the retirement and social security law. 50 6. Nothing contained in this section shall be deemed to diminish, 51 suspend or abolish an existing benefit inured to a police officer, 52 transferred from the metropolitan transportation authority police force 53 and subject to the provisions of this section in and to the rights, 54 privileges or status previously earned within a pension or retirement 55 system of which they were a member immediately prior to the enactment of 56 this section; and any such existing right, privilege or status shallA. 2196 94 1 survive the effect of any decisions or determinations lawfully made in 2 accordance with the provisions of this section so long as such right, 3 privilege or status is greater in benefit to that which would be imposed 4 or imputed to any subject officer as a result of actions of the authori- 5 ty authorized by this section. 6 § 1349-m. The permanent citizens advisory committee. There is hereby 7 established a permanent citizens advisory committee. The members of the 8 committee shall consist of the New York city transit authority advisory 9 council, as defined in section twelve hundred four-e of this article. 10 § 1349-n. Big apple transit authority pledge to customers. 1. A big 11 apple transit authority pledge to customers shall be created and adopted 12 by the big apple transit authority. A copy of such pledge shall be post- 13 ed on the website of the authority and shall be posted in stations where 14 the authority makes regular postings. The authority shall post the 15 pledge in the language or languages it deems necessary and appropriate. 16 2. The big apple transit authority pledge to customers shall be in the 17 form and manner as prescribed by the authority, include the contact 18 information of the authority, and include, but not be limited to, the 19 following: 20 (a) a description of the authority's commitment to provide safe and 21 reliable services; 22 (b) a description of the authority's commitment to provide timely and 23 accurate information on its services; 24 (c) a commitment that employees will provide service in a courteous 25 manner; 26 (d) a description of the authority's commitment to maintain clean 27 stations, facilities, subways and buses; 28 (e) a description of the authority's policies when it comes to arrang- 29 ing alternative transportation when service is interrupted; 30 (f) when service is interrupted, a description of the authority's 31 policies when it comes to considering the comfort of inconvenienced 32 customers; 33 (g) when service is interrupted due to weather conditions, a 34 description of the authority's policies on notifying customers; and 35 (h) when service is severely interrupted, a description of the author- 36 ity's policies on service restoration. 37 3. The authority from time to time may update and amend the big apple 38 transit authority pledge to customers as it deems necessary and proper 39 and may adopt rules and regulations for the proper administration of 40 this section. 41 § 1349-o. Expired fare transfer policy. Notwithstanding any other 42 provision of law to the contrary, the authority shall, within ninety 43 days of the effective date of this section, establish an expired fare 44 transfer policy that may be amended from time to time. Such policy shall 45 provide any person who purchases a fare the ability to transfer any 46 remaining balance for two years after such fare is deemed expired. 47 § 1349-p. Acquisition and disposition of real property. 1. In addi- 48 tion to the powers provided in section thirteen hundred forty-nine-h of 49 this title to acquire transportation facilities, equipment and real 50 property, the authority may acquire, by condemnation pursuant to the 51 eminent domain procedure law, any real property within the city of New 52 York it may deem necessary, convenient or desirable to effectuate the 53 purposes of this title, provided however, that any such condemnation 54 proceedings shall be brought only in the supreme court and the compen- 55 sation to be paid shall be ascertained and determined by the court with- 56 out a jury. Notwithstanding the provisions of this subdivision, no realA. 2196 95 1 property may be acquired by the authority by condemnation for purposes 2 other than a transportation facility unless the governing body of the 3 city, village or town in which such real property is located shall first 4 consent to such condemnation. 5 2. Nothing contained in this section shall be construed to prevent the 6 authority from bringing any proceedings to remove a cloud on title or 7 such other proceedings as it may, in its discretion, deem proper and 8 necessary or from acquiring any such property by negotiation or 9 purchase. 10 3. Where a person entitled to an award in the proceedings to condemn 11 any real property for any of the purposes of this title remains in 12 possession of such property after the time of the vesting of title in 13 the condemnor, the reasonable value of his or her use and occupancy of 14 such property subsequent to such time as fixed by agreement or by the 15 court in such proceedings or by any court of competent jurisdiction 16 shall be a lien against such award subject only to the liens of record 17 at the time of vesting of title in the condemnor. 18 4. Subject to the provisions of sections thirteen hundred forty-nine-h 19 and thirteen hundred forty-nine-j of this title, title to all property 20 acquired under this title shall vest in the authority or one of its 21 subsidiary corporations, or in the New York city transit authority or 22 one of its subsidiary corporations as the authority directs. 23 5. The authority may, whenever it determines that it is in the inter- 24 est of the authority, dispose of any real property or property other 25 than real property, which it determines is not necessary, convenient or 26 desirable for its purposes. 27 6. The authority may, whenever it shall determine that it is in the 28 interest of the authority, rent, lease, or grant easements or other 29 rights in, any land or property of the authority. 30 § 1349-q. Acquisition and disposition of real property by department 31 of transportation. If funds are made available by the authority for the 32 payment of the cost and expense of the acquisition thereof, the commis- 33 sioner of transportation of the state of New York, when requested by the 34 authority, may acquire such real property in the name of the state as 35 may be determined from time to time by the authority as being necessary, 36 convenient or desirable to effectuate the purposes of this title, may 37 remove the owner or occupant thereof where necessary and obtain 38 possession and, when requested by the authority, may dispose of any real 39 property so acquired, all according to the procedure provided in section 40 thirty of the highway law. The authority shall have the right to possess 41 and use for its corporate purposes all such real property so acquired. 42 Claims for the value of the property appropriated and for legal damages 43 caused by any such appropriation shall be adjusted and determined by 44 such commissioner with the approval of the authority or by the court of 45 claims as provided in section thirty of the highway law. When a claim 46 has been filed with the court of claims, the claimant shall cause a copy 47 of such claim to be served upon the authority and the authority shall 48 have the right to be represented and heard before such court. All awards 49 and judgments arising from such claims shall be paid out of moneys of 50 the authority. No real property may be acquired pursuant to the 51 provisions of this section for purposes other than a transportation 52 facility unless the governing body of the city, village or town in which 53 such real property is located shall first consent to such acquisition. 54 § 1349-r. Transit facilities for transit construction fund. 1. As 55 used in this section, unless a different meaning clearly appears from 56 the context:A. 2196 96 1 (a) "City" shall mean the city of New York. 2 (b) "Transit construction fund act" shall mean title nine-A of this 3 article. 4 (c) "Transit construction fund" shall mean the corporation created by 5 section twelve hundred twenty-five-c of this article. 6 (d) "Transit facility" shall mean such term as defined from time to 7 time in section twelve hundred twenty-five-b of this article. 8 2. In addition to the powers provided elsewhere in this title, and to 9 effectuate the purposes of the transit construction fund act, the 10 authority may: 11 (a) Plan, design, construct, acquire, extend, reconstruct, rehabili- 12 tate, modernize and otherwise improve transit facilities in accordance 13 with the terms and conditions of any lease or other agreement with the 14 transit construction fund; 15 (b) Occupy the streets of the city of New York in the course of 16 constructing and thereafter owning a transit facility which consists of 17 a rapid transit railroad or portion thereof, provided such construction 18 is carried out in accordance with the terms of a lease or other agree- 19 ment with the transit construction fund entered into pursuant to the 20 provisions of the transit construction fund act; 21 (c) Make and execute contracts, leases, subleases, and all other 22 instruments or agreements deemed necessary or convenient; 23 (d) Authorize the use by the transit construction fund, either with or 24 without compensation to the authority or any subsidiary of the agents, 25 employees and facilities of the authority or any subsidiary; 26 (e) Undertake planning, design and feasibility studies in accordance 27 with the terms and conditions of any agreement with the transit 28 construction fund or the city; and 29 (f) Do any and all other things deemed necessary or convenient. 30 3. All of the provisions of this title not inconsistent with the 31 provisions of this section shall be applicable with respect to any bonds 32 or notes of the authority issued to finance any purpose authorized under 33 this section or the transit construction fund act, subject to the 34 following conditions and exceptions: 35 (a) Payment of the principal, redemption premium, if any, and interest 36 on such bonds and notes shall be made only from monies payable to the 37 authority from the transit construction fund under a lease or other 38 agreement entered into pursuant to the provisions of the transit 39 construction fund act, and any security given by the authority for the 40 payment of such principal, redemption premium or interest on such bonds 41 and notes shall be limited to the monies so payable from the transit 42 construction fund. The authority shall not grant any security interest 43 in or otherwise encumber any transit facility leased to the transit 44 construction fund. 45 (b) The provisions of section thirteen hundred forty-nine-aa of this 46 title, relating to the creation and establishment of and appropriations 47 and payments to certain debt service reserve funds shall be inapplica- 48 ble; provided that nothing in this section shall be deemed to prohibit 49 the creation and establishment of one or more reserve funds for debt 50 service as authorized by section thirteen hundred forty-nine-u of this 51 title; 52 (c) In addition to the statement required by subdivision nine of 53 section thirteen hundred forty-nine-u of this title, such bonds and 54 notes shall contain on the face thereof a statement to the effect that 55 the city shall not be liable thereon and that the same shall not be a 56 debt of the city.A. 2196 97 1 4. Notwithstanding the provisions of any general or special law to the 2 contrary, or of any agreement entered into in pursuance thereof relating 3 to the repayment of any loan or advance made by the state to the author- 4 ity, the authority shall not be required to repay any such loan or 5 advance from or by reason of the issuance: (a) of bonds or notes of the 6 authority issued to finance any purpose authorized under this section or 7 the transit construction fund act, or the proceeds realized upon such 8 issuance; or (b) from any other funds of the authority derived from the 9 transit construction fund or from any other source whatever to effectu- 10 ate the purposes of the transit construction fund act. 11 § 1349-s. Co-operation and assistance of other agencies. 1. To avoid 12 duplication of effort and in the interests of economy, the authority may 13 make use of existing studies, surveys, plans, data and other materials 14 in the possession of any state agency or any municipality or political 15 subdivision of the state. Each such agency, municipality or subdivision 16 is hereby authorized to make the same available to the authority and 17 otherwise to assist it in the performance of its functions. At the 18 request of the authority, each such agency, municipality or subdivision 19 which is engaged in highway or other transportation activities or in 20 land use or development planning, or which is charged with the duty of 21 providing or regulating any transportation facility or any other public 22 facility, is further authorized to provide the authority with informa- 23 tion regarding its plans and programs affecting the transportation 24 district so that the authority may have available to it current informa- 25 tion with respect thereto. The officers and personnel of such agencies, 26 municipalities or subdivisions, and of any other government or agency 27 whatever, may serve at the request of the authority upon such advisory 28 committees as the authority shall determine to create and such officers 29 and personnel may serve upon such committees without forfeiture of 30 office or employment and with no loss or diminution in the compensation, 31 status, rights and privileges which they otherwise enjoy. 32 2. The authority shall, at the request of any state agency, munici- 33 pality or political subdivision of the state, engaged in highway or 34 other transportation activities or in land use or development planning, 35 provide said state agency, municipality or political subdivision with 36 all current and relevant information regarding its plans or programs, so 37 as to enable said agency, municipality or subdivision to properly effec- 38 tuate said activities or planning. 39 3. To the extent that the provisions of this title authorize the 40 authority to enter into any agreement or arrangement with, or undertake 41 any other activity requiring the participation of, the New York city 42 transit authority or any of its subsidiary corporations in furtherance 43 of their respective purposes and powers or the Triborough bridge and 44 tunnel authority in furtherance of its purposes and powers, such enti- 45 ties are hereby authorized and empowered to enter into and perform such 46 contract or other arrangement and to undertake such activities. 47 § 1349-t. Promotion of qualified transportation fringes. The authori- 48 ty shall promote the broad use of qualified transportation fringes, 49 under section one hundred thirty-two of the federal internal revenue 50 code, in order to increase the number of participating companies and 51 employees in such programs. The authority may also study and report on 52 ways in which programs may be improved so as to increase public partic- 53 ipation. 54 § 1349-u. Notes, bonds and other obligations of the authority. 1. (a) 55 The authority shall have power and is hereby authorized from time to 56 time to issue its bonds, notes and other obligations in such principalA. 2196 98 1 amount as, in the opinion of the authority, shall be necessary, conven- 2 ient or desirable to effectuate any of its powers and purposes, includ- 3 ing to provide sufficient funds for achieving its purposes, including 4 the acquisition, establishment, construction, effectuation, operation, 5 maintenance, renovation, improvement, extension, rehabilitation or 6 repair of any transportation facility, the payment of principal, redemp- 7 tion premium and interest on bonds, notes and other obligations of the 8 authority, establishment of reserves to secure such bonds, notes and 9 other obligations, the provision of working capital and all other 10 expenditures of the authority and its subsidiary corporations, and New 11 York city transit authority and its subsidiary corporations incident to 12 and necessary or convenient to carry out their purposes and powers. Such 13 bonds, notes or other obligations may be issued for an individual trans- 14 portation facility or issued on a consolidated basis for such groups or 15 classes of facilities and projects as the authority in its discretion 16 deems appropriate and be payable from and secured separately or on a 17 consolidated basis by, among other things, all or any portion of such 18 revenues and other monies and assets of the authority and its subsidiary 19 corporations, and New York city transit authority and its subsidiary 20 corporations as the authority determines in accordance with the 21 provisions of section thirteen hundred forty-nine-dd of this 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, the metropolitan transportation authority, and the 26 New York city transit authority and its subsidiary corporations and 27 whenever it deems refunding, redemption or payment expedient, to refund, 28 redeem or otherwise pay, including by purchase or tender, any bonds of 29 the authority and its subsidiary corporations, the metropolitan trans- 30 portation authority, the New York city transit authority and its subsid- 31 iary corporations and the Triborough bridge and tunnel authority by the 32 issuance of new bonds, whether the bonds to be refunded, redeemed or 33 otherwise paid have or have not matured, and to issue bonds partly for 34 such purpose and partly for any other purpose and to otherwise refund, 35 redeem, acquire by purchase or tender, or in any other way repay any 36 outstanding notes, bonds or other obligations of the authority, any of 37 its subsidiary corporations, the metropolitan transportation authority, 38 the New York city transit authority, any of its subsidiary corporations 39 and the Triborough bridge and tunnel authority; 40 (c) Every issue of its notes, bonds or other obligations shall be 41 general obligations or special obligations. Every issue of general obli- 42 gations of the authority shall be payable out of any revenues or monies 43 of the authority, subject only to any agreements with the holders of 44 particular notes or bonds pledging any particular receipts or revenues. 45 Every issue of special obligations shall be payable out of any revenues, 46 receipts, monies or other assets of the authority and its subsidiary 47 corporations, the New York city transit authority and its subsidiary 48 corporations and the Triborough bridge and tunnel authority identified 49 for such purposes in accordance with agreements with the holders of 50 particular notes, bonds or other obligations. The authority may issue 51 transportation revenue special obligation bonds, notes or other obli- 52 gations as provided in section thirteen hundred forty-nine-dd of this 53 title; 54 2. The authority may from time to time issue its bonds and notes in 55 such principal amounts as, in the opinion of the authority, shall be 56 necessary to finance the unfunded pension fund liabilities of theA. 2196 99 1 authority, its affiliates and subsidiaries, provided, however, that in 2 no event shall the cumulative amounts of bonds and notes issued pursuant 3 to the authority under this subdivision exceed one billion two hundred 4 million dollars or sixty percent of such unfunded pension fund liabil- 5 ities, whichever is less, and provided, further, that no bonds shall be 6 issued under this subdivision for a term longer than twenty years. The 7 authority may not issue bonds or notes in any twelve month period in a 8 cumulative principal amount in excess of forty percent of the total 9 amount permitted to be issued under this subdivision. Prior to the issu- 10 ance of any bonds or notes, the authority shall make a finding that such 11 issue is expected to result, on a present value basis, in a lower effec- 12 tive cost to the authority than funding the unfunded pension fund 13 liability solely through the payment of annual amounts to the pension 14 fund, assuming that the principal component of the unfunded liability 15 will be amortized over the same number of years as the term of the bonds 16 or notes and that the interest payable thereon is the actuarial rate of 17 interest determined by the actuary for the pension fund at the time of 18 the issuance of such bonds or notes. The aggregate principal amount of 19 bonds and notes issued for such purposes may be increased to fund costs 20 of issuance and reasonably required debt service or other reserve funds. 21 Bonds and notes may be issued to refund or otherwise repay bonds or 22 notes theretofore issued for such purposes; provided, however, that upon 23 any such refunding or repayment, including for purpose of such calcu- 24 lation the principal amount of the refunding bonds or notes then to be 25 issued and excluding the principal amount of the bonds or notes so to be 26 refunded or repaid and also excluding any amounts used to pay costs of 27 issuance and reasonably required debt service or other reserve funds, 28 the present value of the aggregate debt service of the refunding or 29 repayment bonds or notes to be issued shall not exceed the present value 30 of the aggregate debt service of the bonds or notes so to be refunded or 31 repaid. For purposes of the preceding sentence, the present values of 32 the aggregate debt service of the refunding or repayment bonds or notes 33 and of the aggregate debt service of the bonds or notes so to be 34 refunded or repaid shall be calculated by utilizing the effective inter- 35 est rate of the refunding or repayment bonds or notes, which shall be 36 that rate arrived at by doubling the semi-annual interest rate, 37 compounded semi-annually, necessary to discount the debt service 38 payments on the refunding or repayment bonds or notes from the payment 39 dates thereof to the date of issue of the refunding or repayment bonds 40 or notes and to the price bid including estimated accrued interest or 41 proceeds received by the authority including estimated accrued interest 42 from the sale thereof. Debt service on the bonds or notes shall be 43 structured so that the economic benefits thereof shall be relatively 44 uniform for each full year throughout the term of the bonds or notes. 45 Beginning with the date of first issuance of bonds under this section, 46 the authority and its subsidiaries shall make annual payments into the 47 pension fund in amounts at least equal to the current pension contrib- 48 ution liability applicable to such year. The net proceeds of the bonds 49 or notes intended to be invested in non-debt securities may be invested 50 by the recipient pension fund in a fiscally prudent manner in securities 51 consistent with any trust indentures and all applicable state and feder- 52 al law over a reasonable period of time not less than thirty days 53 following the issuance of the bonds or notes. The operating budget 54 savings associated with the issuance of pension obligation bonds pursu- 55 ant to this subdivision shall be dedicated to reducing service elimi- 56 nations projected to occur within that period.A. 2196 100 1 3. The notes, bonds and other obligations shall be authorized by 2 resolution approved by not less than a majority vote of the whole number 3 of members of the authority then in office, except that in the event of 4 a tie vote the chairperson shall cast one additional vote. Such notes, 5 bonds and other obligations shall bear such date or dates, and shall 6 mature at such time or times, in the case of any such note or any 7 renewals thereof not exceeding five years from the date of issue of such 8 original note, and in the case of any such bond not exceeding fifty 9 years from the date of issue, as such resolution or resolutions may 10 provide. The notes, bonds and other obligations shall bear interest at 11 such rate or rates, be in such denominations, be in such form, either 12 coupon or registered, carry such registration privileges, be executed in 13 such manner, be payable in such medium of payment, at such place or 14 places and be subject to such terms of redemption as such resolution or 15 resolutions may provide. The notes, bonds and other obligations of the 16 authority may be sold by the authority, at public or private sale, at 17 such price or prices as the authority shall determine. No notes or bonds 18 of the authority may be sold by the authority at private sale, however, 19 unless such sale and the terms thereof have been approved in writing by 20 (a) the comptroller, where such sale is not to the comptroller, or (b) 21 the director of the office of management and budget, where such sale is 22 to the comptroller. 23 4. Any resolution or resolutions authorizing any notes, bonds or any 24 issue thereof, or any other obligations of the authority, may contain 25 provisions, which shall be a part of the contract with the holders ther- 26 eof, as to: 27 (a) pledging all or any part of the revenues of the authority or of 28 any of its subsidiary corporations or New York city transit authority or 29 any of its subsidiary corporations or Triborough bridge and tunnel 30 authority to secure the payment of the notes or bonds or of any issue 31 thereof, or any other obligations of the authority, subject to such 32 applicable agreements with bondholders, noteholders, or holders of other 33 obligations of the authority, the metropolitan transportation authority, 34 the New York city transit authority and its subsidiary corporations, and 35 Triborough bridge and tunnel authority; 36 (b) pledging all or any part of the assets of the authority or of any 37 of its subsidiary corporations or New York city transit authority or any 38 of its subsidiary corporations or Triborough bridge and tunnel authority 39 to secure the payment of the notes or bonds or of any issue of notes or 40 bonds, or any other obligations of the authority, subject to such agree- 41 ments with noteholders, bondholders, or holders of other obligations of 42 the authority, the New York city transit authority and its subsidiary 43 corporations, and Triborough bridge and tunnel authority; 44 (c) the use and disposition of revenues, including fares, tolls, 45 rentals, rates, charges and other fees, made or received by the authori- 46 ty, any of its subsidiary corporations, New York city transit authority 47 or any of its subsidiary corporations, or Triborough bridge and tunnel 48 authority; 49 (d) the setting aside of reserves or sinking funds and the regulation 50 and disposition thereof; 51 (e) limitations on the purpose to which the proceeds of sale of notes, 52 bonds or other obligations of the authority may be applied and pledging 53 such proceeds to secure the payment of the notes or bonds or of any 54 issue thereof or of other obligations; 55 (f) limitations on the issuance of additional notes, bonds or other 56 obligations of the authority; the terms upon which additional notes,A. 2196 101 1 bonds or other obligations of the authority may be issued and secured; 2 the refunding of outstanding or other notes, bonds or other obligations 3 of the authority; 4 (g) the procedure, if any, by which the terms of any contract with 5 noteholders, bondholders, or holders of other obligations of the author- 6 ity, may be amended or abrogated, the amount of notes, bonds or other 7 obligations of the authority the holders of which must consent thereto, 8 and the manner in which such consent may be given; 9 (h) limitations on the amount of monies to be expended by the authori- 10 ty or any of its subsidiary corporations or New York city transit 11 authority or any of its subsidiary corporations or Triborough bridge and 12 tunnel authority for operating, administrative or other expenses of the 13 authority or any of its subsidiary corporations or New York city transit 14 authority or any of its subsidiary corporations or Triborough bridge and 15 tunnel authority; 16 (i) vesting in a trustee or trustees such property, rights, powers and 17 duties in trust as the authority may determine, which may include any or 18 all of the rights, powers and duties of the trustee appointed by the 19 bondholders, noteholders or holders of other obligations of the authori- 20 ty pursuant to this title, and limiting or abrogating the right of the 21 bondholders, noteholders or holders of other obligations of the authori- 22 ty to appoint a trustee under this article or limiting the rights, 23 powers and duties of such trustee; and 24 (j) any other matters, of like or different character, which in any 25 way affect the security or protection of the notes, bonds or other obli- 26 gations of the authority. 27 5. In addition to the powers conferred by this section upon the 28 authority to secure its notes, bonds and other obligations, the authori- 29 ty shall have power in connection with the issuance of notes, bonds and 30 other obligations to enter into such agreements as the authority may 31 deem necessary, convenient or desirable concerning the use or disposi- 32 tion of the monies or property of the authority, its subsidiary corpo- 33 rations, New York city transit authority, or any of its subsidiary 34 corporations, or Triborough bridge and tunnel authority, including the 35 mortgaging of any such property and the entrusting, pledging or creation 36 of any other security interest in any such monies or property and the 37 doing of any act (including refraining from doing any act) which the 38 authority would have the right to do in the absence of such agreements. 39 The authority shall have power to enter into amendments of any such 40 agreements within the powers granted to the authority by this title and 41 to perform such agreements. The provisions of any such agreements may be 42 made a part of the contract with the holders of the notes, bonds and 43 other obligations of the authority. 44 6. Any pledge, mortgage or security instrument made by the authority 45 shall be valid and binding from the time when the pledge, mortgage or 46 security instrument is made; the monies or property so pledged, mort- 47 gaged and entrusted and thereafter received by the authority, or any of 48 its subsidiary corporations shall immediately be subject to the lien of 49 such pledge, mortgage or security instrument without any physical deliv- 50 ery thereof or further act; and the lien of any such pledge, mortgage or 51 security instrument shall be valid and binding as against all parties 52 having claims of any kind in tort, contract or otherwise against the 53 authority, or any of its subsidiary corporations, irrespective of wheth- 54 er such parties have notice thereof. Neither the resolution nor any 55 mortgage, security instrument or other instrument by which a pledge, 56 mortgage lien or other security is created shall need to be recorded orA. 2196 102 1 filed and neither the authority nor, any of its subsidiary corporations 2 shall be required to comply with any of the provisions of the uniform 3 commercial code. 4 7. Neither the members of the authority, the New York city transit 5 authority or the Triborough bridge and tunnel authority nor any person 6 executing the notes, bonds or other obligations shall be liable 7 personally on the notes, bonds or other obligations or be subject to any 8 personal liability or accountability by reason of the issuance thereof. 9 8. The authority, subject to such agreements with the holders of 10 notes, bonds or other obligations as may then exist, shall have power 11 out of any funds available therefor to purchase notes, bonds or other 12 obligations of the authority. The authority may hold, cancel or sell 13 such bonds, notes and other obligations, subject to and in accordance 14 with agreements with such holders. 15 9. Neither the state nor the city of New York shall be liable on 16 notes, bonds or other obligations of the authority and such notes, bonds 17 and other obligations shall not be a debt of the state or the city of 18 New York, and such notes, bonds and other obligations shall contain on 19 the face thereof, or in an equally prominent place, a statement to such 20 effect. 21 10. So long as the authority has any outstanding bonds, notes or other 22 obligations issued pursuant to this section or any bonds, notes or other 23 obligations issued or incurred pursuant to section thirteen hundred 24 forty-nine-j of this title, none of the authority or any of its subsid- 25 iary corporations, New York city transit authority or any of its subsid- 26 iary corporations, or Triborough bridge and tunnel authority shall have 27 the authority to file a voluntary petition under chapter nine of the 28 federal bankruptcy code or such corresponding chapter, chapters or 29 sections as may, from time to time, be in effect, and neither any public 30 officer nor any organization, entity or other person shall authorize the 31 authority or any of its subsidiary corporations, New York city transit 32 authority or any of its subsidiary corporations, or Triborough bridge 33 and tunnel authority to be or become a debtor under chapter nine of the 34 federal bankruptcy code or said corresponding chapter, chapters or 35 sections during any such period. 36 11. The term "monies" as used in this section shall include, but not 37 be limited to, all operating subsidies provided by (i) any public bene- 38 fit corporation, including without limitation transfers of operating 39 surplus by Triborough bridge and tunnel authority pursuant to section 40 twelve hundred nineteen-a of this article, or (ii) any governmental 41 entity, federal, state or local and shall exclude all funds required to 42 be transferred to the metropolitan transportation authority pursuant to 43 section thirteen hundred forty-nine-h of this title. 44 12. Any resolution or agreement authorizing the issuance of bonds, 45 notes or other obligations pursuant to this section may, in addition, 46 authorize and provide for the issuance of lease obligations of the 47 authority which may be issued for the purposes and on the terms and 48 conditions under which the bonds, notes and other obligations authorized 49 under this section may be issued, and may be secured in the same manner 50 as such bonds, notes and other obligations, and which resolution with 51 respect to such lease obligations, may contain such other provisions 52 applicable to bonds, notes and other obligations not inconsistent with 53 the provisions of this section, as the authority may determine. 54 13. The aggregate principal amount of bonds, notes or other obli- 55 gations issued after the first of January next succeeding the effective 56 date of this title, by the authority, the Triborough bridge and tunnelA. 2196 103 1 authority and the New York city transit authority to fund projects 2 contained in capital program plans approved pursuant to section thirteen 3 hundred forty-nine-v of this title for the capital program authorization 4 period shall not exceed fifty-five billion four hundred ninety-seven 5 million dollars. Such aggregate principal amount of bonds, notes or 6 other obligations or the expenditure thereof shall not be subject to any 7 limitation contained in any other provision of law on the principal 8 amount of bonds, notes or other obligations or the expenditure thereof 9 applicable to the authority, the Triborough bridge and tunnel authority 10 or the New York city transit authority. The aggregate limitation estab- 11 lished by this subdivision shall not include: (a) obligations issued to 12 refund, redeem or otherwise repay, including by purchase or tender, 13 obligations theretofore issued either by the issuer of such refunding 14 obligations or by the authority, the New York city transit authority or 15 the Triborough bridge and tunnel authority; (b) obligations issued to 16 fund any debt service or other reserve funds for such obligations; (c) 17 obligations issued or incurred to fund the costs of issuance, the 18 payment of amounts required under bond and note facilities, federal or 19 other governmental loans, security or credit arrangements or other 20 agreements related thereto and the payment of other financing, original 21 issue premiums and related costs associated with such obligations; (d) 22 an amount equal to any original issue discount from the principal amount 23 of such obligations or to fund capitalized interest; (e) obligations 24 incurred pursuant to section twelve hundred seven-m of this article; (f) 25 obligations incurred to fund the acquisition of certain buses for the 26 New York city transit authority as identified in a capital program plan 27 approved pursuant to chapter fifty-three of the laws of nineteen hundred 28 ninety-two; (g) obligations incurred in connection with the leasing, 29 selling or transferring of equipment; and (h) bond anticipation notes or 30 other obligations payable solely from the proceeds of other bonds, notes 31 or other obligations which would be included in the aggregate principal 32 amount specified in the first sentence of this subdivision, whether or 33 not additionally secured by revenues of the authority, or any of its 34 subsidiary corporations, New York city transit authority, or any of its 35 subsidiary corporations, or Triborough bridge and tunnel authority. 36 § 1349-v. Capital program plans; approvals; effect of disapproval. 1. 37 On or before October first next succeeding the effective date of this 38 section, and every fifth year thereafter, the authority shall submit to 39 the mayor a capital program plan for the ten-year period commencing 40 January first of the following year. 41 2. For the period described in subdivision one of this section, the 42 plan shall contain the capital program for the transit facilities oper- 43 ated by the New York city transit authority and its subsidiaries and for 44 the Staten Island rapid transit operating authority. 45 3. The plan shall set system-wide goals and objectives for capital 46 spending, establish standards for service and operations, and describe 47 each capital element proposed to be initiated in each of the years 48 covered by the plan and explain how each proposed element supports the 49 achievement of the service and operational standards established in the 50 plan. The plan shall also set forth an estimate of the amount of capital 51 funding required each year and the expected sources of such funding. 52 Each plan subsequent to the first such plan and each proposed amendment 53 or modification thereof shall also describe the current status of each 54 capital element included in the previously approved plan, if any. The 55 plan shall be accompanied or supplemented by such supporting materials 56 as the mayor shall require.A. 2196 104 1 4. A "capital element", as used in this section, shall mean either a 2 category of expenditure itemized in a plan, as hereinafter provided, for 3 which a specified maximum dollar amount is proposed to be expended, or a 4 particularly described capital project within one or more categories for 5 which no maximum expenditure is proposed, but for which an estimate of 6 expected cost is provided. A capital element shall be deemed to have 7 been initiated for purposes of this section if in connection with such 8 element the authority shall certify that: 9 (a) purchase or construction contracts have been entered into, obli- 10 gating in the aggregate an amount exceeding ten percent of the maximum 11 or estimated cost of the element as set forth in a plan; 12 (b) financing specific to the project has been undertaken; or 13 (c) in a case where such element is limited to design or engineering, 14 a contract therefor has been entered into. 15 5. The plan shall itemize the capital elements included in each 16 section of the plan under the following categories of expenditure: (a) 17 rolling stock and buses; (b) passenger stations; (c) track; (d) line 18 equipment; (e) line structures; (f) signals and communications; (g) 19 power equipment, emergency power equipment and substations; (h) shops, 20 yards, maintenance facilities, depots and terminals; (i) service vehi- 21 cles; (j) security systems; (k) electrification extensions; and (l) 22 unspecified, miscellaneous and emergency. 23 6. A capital program plan must be approved only by resolution of the 24 authority approved by not less than a majority vote. After approval, the 25 authority must submit the plan to the mayor, who has ninety days to 26 approve the plan. 27 7. A copy of any capital program plan that has been approved by the 28 authority and distributed to the mayor shall be simultaneously provided 29 to the public by the big apple transit authority, via its official or 30 shared internet website. 31 8. If the mayor takes no action within ninety days after receiving the 32 plan, the plan shall be deemed to have been approved. 33 9. If the mayor vetoes the plan, the authority may only override the 34 veto by unanimous vote. 35 10. If the mayor vetoes the plan and the authority does not override 36 the veto, the authority may thereafter reformulate and resubmit such 37 plan at any time. Within thirty days of the submission of such reformu- 38 lated plan, the mayor may notify the authority of its approval, or, if 39 the reformulated plan is not approved and the mayor has not notified the 40 authority of his or her disapproval within such period, the reformulated 41 plan shall be deemed to have been approved. 42 11. No general obligation bonds or notes of the authority, no special 43 obligation bonds or notes of the authority to finance a transit project, 44 as such term is defined in section thirteen hundred forty-nine-j of this 45 title, and no bonds or notes of the Triborough bridge and tunnel author- 46 ity to finance a project pursuant to the authorization contained in 47 paragraph (r) of subdivision nine of section five hundred fifty-three of 48 this chapter shall be issued to finance the costs of a capital element 49 unless such capital element and such source of funding was set forth in 50 a plan approved as provided in this section. 51 12. The disapproval of a capital program plan shall not affect: (a) 52 the right of the authority, of the Triborough bridge and tunnel authori- 53 ty, or of the New York city transit authority, or of the subsidiaries of 54 any of them to initiate and complete any capital element which will be 55 financed otherwise than through the issuance of the bonds or notes the 56 issuance of which is prohibited under subdivision eleven of thisA. 2196 105 1 section; (b) the right of the authority or the Triborough bridge and 2 tunnel authority to issue bonds or notes to finance a capital element 3 which was initiated prior to such disapproval in conformity with a 4 previously approved plan; (c) the right of the New York city transit 5 authority to issue its bonds, notes, lease, sublease or other contractu- 6 al obligations in payment for a transit project initiated prior to such 7 disapproval in conformity with a previously approved plan; (d) the right 8 of the authority or of the Triborough bridge and tunnel authority to 9 issue bonds or notes to refund or otherwise repay any of its outstanding 10 bonds or notes or to fulfill any of their obligations to the holders of 11 any of their outstanding bonds or notes; or (e) the right of the New 12 York city transit authority to issue its bonds, notes, lease, sublease 13 or other contractual obligations to refund or otherwise repay any of its 14 outstanding bonds or notes or to fulfill any of its obligations to the 15 holders of any of its outstanding bonds or notes. 16 13. Notwithstanding the provisions of subdivision eight of this 17 section, if a source of funding described in an approved plan shall be 18 unavailable or be available in a lesser amount than that set forth in 19 such plan, the authority and the Triborough bridge and tunnel authority 20 may issue bonds or notes as necessary to provide the requisite funding 21 for the capital elements included in the plan to the extent that the 22 aggregate amount of such bonds or notes to be issued in substitution for 23 such unavailable amounts shall not exceed the greater of fifty million 24 dollars or twenty percent of the total amount described in such plan for 25 either the substitute funding source or the funding source being substi- 26 tuted for, subject to the limitations set forth in subdivision eleven of 27 section five hundred fifty-three-e of this chapter and paragraph (a) of 28 subdivision four of section twelve hundred seven-m of this article. 29 14. (a) The authority may from time to time submit to the mayor amend- 30 ments or modifications to any ten-year plan theretofore submitted, and 31 shall submit such an amendment or modification (i) if the estimated cost 32 of any capital element for which a specified dollar amount was proposed 33 to be expended exceeds the amount set forth in the approved plan for 34 such element by more than ten percent, (ii) if with respect to a partic- 35 ularly described capital element for which only an estimate of projected 36 cost has been provided in the plan there is a material change in the 37 description of such element from that contained in the approved plan, 38 (iii) if a capital element not previously included in the approved plan 39 is proposed to be undertaken and its cost, together with the cost of 40 other elements included in category (l) of the plan, exceeds by ten 41 percent the amount provided for such category (l) elements, (iv) if the 42 authority shall propose to change by more than one year from the time 43 when any capital element is proposed to be initiated or the effect of 44 such change will be to increase the estimated amount of capital funding 45 required in any year covered by the plan by more than twenty percent, or 46 (v) if the availability of funding sources changes to the degree to 47 which the authority or the Triborough bridge and tunnel authority are 48 precluded from exercising the authorization provided in subdivision nine 49 of this section and the authority wishes to do so. 50 (b) An amendment or modification may only be approved in two ways: (i) 51 an amendment or modification shall only be approved by the mayor and 52 within thirty days of the submission of an amendment or modification the 53 mayor may notify the authority of its approval of the same; or (ii) if 54 the amendment or modification is not approved by the mayor within such 55 thirty day period and the mayor has not notified the authority in writ-A. 2196 106 1 ing of his or her disapproval within such period, the amendment or 2 modification shall be deemed to have been approved. 3 15. 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 office of management and budget entered into pursuant to 23 the provisions of the transportation systems assistance and financing 24 act of nineteen hundred eighty-one for purposes of paying the annual 25 cost of debt service for such bonds or notes. 26 16. On or before the first of October succeeding the effective date of 27 this subdivision, and on or before October first of every fifth year 28 thereafter, the authority shall submit to the mayor a twenty-year capi- 29 tal needs assessment. Such assessment shall begin with the period 30 commencing on the first of January after such submission, and begin each 31 assessment with every fifth year thereafter, and describe capital 32 investments over the succeeding twenty years. Such assessment shall: (a) 33 set forth broad long-term capital investments to be made throughout the 34 district; and (b) establish a non-binding basis to be used by the 35 authority in the planning of strategic investments involving capital 36 elements in its five-year capital plan. Such assessment shall not 37 require approval of the mayor and shall be for informational purposes 38 only. 39 17. For purposes of this section, "broad long-term capital invest- 40 ments" shall include but not be limited to: system rebuilding, enhance- 41 ment, and expansion needs; agency needs broken down by capital element 42 or investment category; and projected future trends and network impli- 43 cations. Such assessment shall be certified by the chairperson of the 44 authority and shall be entered into the permanent record of the minutes 45 of the review board. 46 § 1349-w. Submission of strategic operation plan. 1. On or before the 47 first of July next succeeding the effective date of this section, the 48 authority shall submit to the mayor a strategic operation plan for the 49 bus and subway services of the New York city transit authority and its 50 subsidiaries and for the Staten Island rapid transit operating authority 51 for the five year period commencing January first of the following year. 52 The plan may be amended as required but shall be updated at least annu- 53 ally. The plan shall include, but need not be limited to, the following: 54 (a) Long-range goals and objectives for the operation of services and 55 facilities;A. 2196 107 1 (b) Planned service and performance standards for each year of the 2 period covered by the plan; including, in such plan submitted after the 3 first of July next succeeding the effective date of this section: (i) 4 standards for determining frequency of service at peak hours and off- 5 peak hours; (ii) frequency of service at peak and off-peak hours based 6 on the application of such standards to the current period for each 7 subway line, bus route or group of bus routes; and (iii) projected 8 performance for each subway line, bus route or group of bus routes as 9 measured by reliability indicators commonly utilized within the transit 10 industry, including such measures as mean distance between failures for 11 subway cars, planned number of vehicles with air conditioning and 12 projected reliability of such equipment, planned standards for cleanli- 13 ness of the interior and exterior of subway cars, buses, and passenger 14 stations, and other appropriate measures of planned performance influ- 15 encing the quality of services; 16 (c) Level and structure of fares projected for each year of the period 17 covered by the plan; 18 (d) Estimated operating and capital resources anticipated to be avail- 19 able from internal sources as well as from federal, state, regional and 20 local sources; 21 (e) Estimated operating and capital costs to satisfy planned standards 22 of performance and service; 23 (f) Strategies to improve productivity; control cost growth; integrate 24 and coordinate the delivery of services provided by the authority as 25 well as other public and private transportation providers in the service 26 area; 27 (g) Specific allocation of operating and capital resources by mode and 28 operation, including funds, personnel and equipment; 29 (h) Configuration by mode, operation and route of the services to be 30 provided and the facilities to be operated, identifying major planned 31 changes in services and routes; 32 (i) Identification of the operating and capital costs as compared to 33 the revenues anticipated from system users for the big apple transit 34 authority and its subsidiaries and the New York city transit authority 35 and its subsidiaries; and 36 (j) An analysis of the relationship between specific planned capital 37 elements contained in approved capital program plans and the achievement 38 of planned service and performance standards. Such analysis shall 39 include the relationship of specific planned capital elements to the 40 achievement of such service and performance standards for each subway 41 line, bus route or group of bus routes as appropriate. 42 2. Each annual update of the plan shall include a status report summa- 43 rizing the extent to which planned service and performance standards 44 developed for the previous year were achieved, the causes of any failure 45 to achieve projected standards of service, and corrective measures the 46 authority intends to take to avoid non-achievement of projected stand- 47 ards in the next upcoming year. 48 3. The big apple transit authority shall take into consideration any 49 petitions from local officials for improved services, including how 50 these service improvements relate to the service and performance stand- 51 ards described in subdivision two of this section, and shall consult 52 with appropriate local officials in its preparation and periodic updates 53 to the operation plan. 54 § 1349-x. Financial and operational reports. The authority shall 55 submit to the mayor and speaker of the city council, no later than thir- 56 ty days following the submission of the annual independent audit reportA. 2196 108 1 pursuant to section twenty-eight hundred two of this chapter, a complete 2 detailed report or reports setting forth, to the extent such matters are 3 not fully addressed in the annual independent audit report, the follow- 4 ing: 5 1. its financial reports, including: 6 (a) audited financials in accordance with all applicable regulations 7 and following generally accepted accounting principles as defined in 8 subdivision ten of section two of the state finance law; 9 (b) grant and subsidy programs; 10 (c) operating and financial risks; 11 (d) current ratings of its bonds issued by recognized municipal bond 12 rating agencies and notice changes in such ratings; and 13 (e) long-term liabilities, including leases and employee benefit 14 plans; and 15 2. an assessment of the effectiveness of its internal control struc- 16 ture and procedures, including: 17 (a) descriptions of the authority and its major units and subsid- 18 iaries; 19 (b) the number of employees, and minority and women employees, for 20 each; 21 (c) an organizational chart; 22 (d) its charter, if any and by-laws; 23 (e) the extent of participation by minority and women-owned enter- 24 prises in authority contracts and services in accordance with article 25 fifteen-A of the executive law; and 26 (f) a listing of material changes in internal operations and programs 27 during the reporting year. 28 § 1349-y. Mission statement and measurement report. 1. The authority 29 shall submit to the mayor and speaker of the city council, on or before 30 the first of October next succeeding the effective date of this title, a 31 proposed authority mission statement and proposed measurements. The 32 proposed mission statement and proposed measurements shall have the 33 following components: a brief mission statement expressing the purpose 34 and goals of the authority; a description of the stakeholders of the 35 authority and their reasonable expectations from the authority, which 36 stakeholders shall include at a minimum: the residents and taxpayers of 37 the area of the state served by the authority, the persons that use the 38 services provided by the authority, and the employees of the authority 39 and any employee organization; the goals of the authority in response to 40 the needs of each group of stakeholders; and a list of measures by which 41 performance of the authority and the achievement of its goals may be 42 evaluated. 43 2. The authority shall thereafter reexamine its mission statement and 44 measurements on an annual basis and publish on its website self-evalua- 45 tions based on the stated measures. 46 § 1349-z. Requirements for certain authority contracts and related 47 subcontracts. 1. Any contractor or subcontractor subject to the posting 48 requirements of paragraph a of subdivision three-a of section two 49 hundred twenty of the labor law with respect to a public works contract 50 of the authority shall: 51 (a) post information conforming to the provisions of subdivision two 52 of this section in one or more conspicuous places at each major work- 53 place site where persons who perform work on the contract or subcon- 54 tract, including management, are most likely to see such postings; 55 provided that, this requirement may be satisfied by the displaying of 56 such information with other notices that inform persons of rights underA. 2196 109 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-one 35 of the state finance law, or who report illegal conduct that threatens 36 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. On and after the effective date of this section, the authority 46 shall not enter into any contract described in subdivision one of this 47 section that does not incorporate the terms of this 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 effectuate the purposes of this section. 54 § 1349-aa. Reserve funds and appropriations. The authority may create 55 and establish one or more reserve funds in accordance with agreements 56 with bondholders, noteholders or the holders of other obligations of theA. 2196 110 1 authority and may pay into such reserve funds (a) any monies appropri- 2 ated and made available by the state for the purposes of such funds, (b) 3 any proceeds of sales of notes, bonds or other obligations to the extent 4 provided in the resolution of the authority authorizing the issuance 5 thereof, and (c) any other moneys which may be made available to the 6 authority for the purpose of such funds from any other source or sourc- 7 es. In lieu thereof, the authority may provide for the deposit therein 8 of, or substitute for moneys on deposit therein, a liquidity or credit 9 facility, surety bond or other similar agreement. 10 § 1349-bb. Big apple transit authority special assistance fund. 1. The 11 authority shall create and establish a fund to be known as the "big 12 apple transit authority special assistance fund" which shall be kept 13 separate from and shall not be commingled with any other moneys of the 14 authority. The special assistance fund shall consist of two separate 15 accounts: (i) the "transit account"; and (ii) the "corporate transporta- 16 tion account". 17 2. Moneys in the transit account may be pledged to the Triborough 18 bridge and tunnel authority to secure bonds and notes and, if so 19 pledged, shall be paid to the Triborough bridge and tunnel authority in 20 such amounts and at such times as necessary to pay or to reimburse that 21 authority for its payment of debt service and reserve requirements on 22 that portion of special Triborough bridge and tunnel authority bonds and 23 notes issued by that authority pursuant to section five hundred fifty- 24 three-d of this chapter for transit projects undertaken for the New York 25 city transit authority and its subsidiaries. Subject to the provisions 26 of such pledge, any excess moneys, or in the event there is no such 27 pledge, any moneys in such account shall, at the direction of the big 28 apple transit authority, be: (a) deposited into one or more funds or 29 accounts and used as contemplated by section thirteen hundred forty- 30 nine-dd of this title; or (b) used for the payment of operating and 31 capital costs of the New York city transit authority and its subsid- 32 iaries and the Staten Island rapid transit operating authority. 33 3. (a) Moneys in the corporate transportation account shall be pledged 34 by the authority, or pledged to the Triborough bridge and tunnel author- 35 ity, to secure bonds, notes or other obligations of the authority or the 36 Triborough bridge and tunnel authority, as the case may be, and, if so 37 pledged to the Triborough bridge and tunnel authority, shall be paid to 38 the Triborough bridge and tunnel authority in such amounts and at such 39 times as necessary to pay or to reimburse that authority for its payment 40 of debt service and reserve requirements, if any, on that portion of 41 special Triborough bridge and tunnel authority bonds and notes issued by 42 that authority pursuant to section five hundred fifty-three-d of this 43 chapter. Subject to the provisions of any such pledge, or in the event 44 there is no such pledge, any excess moneys in the corporate transporta- 45 tion account may be used by the authority for payment of operating costs 46 of, and capital costs, including debt service and reserve requirements, 47 if any, of or for the authority, the New York city transit authority and 48 their subsidiaries as the authority shall determine. 49 § 1349-cc. Big apple transit authority dedicated tax fund. 1. The 50 authority shall establish a fund to be known as the "big apple transit 51 authority dedicated tax fund" which shall be kept separate from and 52 shall not be commingled with any other moneys of the authority. The fund 53 shall consist of a "pledged amounts account" and an "operating and capi- 54 tal costs account" and such other accounts and subaccounts as the 55 authority may determine. 56 2. Moneys in the fund may be:A. 2196 111 1 (a) pledged by the authority to secure and be applied to the payment 2 of its bonds, notes or other obligations specified by the authority and 3 issued to finance: (i) transit projects undertaken for the New York city 4 transit authority and its subsidiaries; and (ii) transportation facili- 5 ties undertaken for the authority and its subsidiaries; and 6 (b) used for payment of operating costs, and capital costs, including 7 debt service, reserve requirements, if any, the payment of amounts 8 required under bond and note facilities or agreements related thereto, 9 the payment of federal government loans, security or credit arrangements 10 or other agreements related thereto, and the payment of all costs 11 related to such obligations, of or for the authority, the New York city 12 transit authority and their subsidiaries as the authority shall deter- 13 mine. To the extent moneys in the fund have been pledged by the authori- 14 ty to secure and pay its bonds, notes or other obligations as herein 15 provided, moneys deposited into the fund shall first be deposited into 16 the pledged amounts account to the extent necessary to satisfy the 17 requirements of any debt service or reserve requirements, if any, of the 18 resolution authorizing such bonds, notes or other obligations. After 19 satisfaction of such requirements of the resolution, or if the authority 20 has not so pledged the moneys in the fund, moneys deposited in the fund 21 shall be directly deposited into the operating and capital costs account 22 and, subject to the provisions of any resolutions of the authority not 23 secured by the pledged amounts account, transferred forthwith to or for 24 the benefit of the New York city transit authority and its subsidiaries 25 and the Staten Island rapid transit operating authority. 26 3. Any moneys deposited in the fund shall be held in the fund free and 27 clear of any claim by any person arising out of or in connection with 28 article thirteen-A of the tax law. Without limiting the generality of 29 the foregoing and without limiting the rights and duties of the commis- 30 sioner of taxation and finance under article thirteen-A of the tax law, 31 or any other person, including the state, a person shall have any right 32 or claim against the authority, any of its bondholders, the authority or 33 the commuter transportation authority to any moneys in or distributed 34 from the fund or in respect of a refund, rebate, credit or reimbursement 35 of taxes paid under article thirteen-A of the tax law. 36 § 1349-dd. Consolidated financings. 1. Notwithstanding any inconsist- 37 ent provisions of this law or any other law, general, special or local, 38 the authority may issue its notes, bonds and other obligations to 39 finance transportation facilities, including transit projects and 40 Triborough bridge and tunnel authority projects, utilizing a consol- 41 idated pledge of all or any portion of the revenues and other moneys and 42 assets of the authority and its subsidiaries, New York city transit 43 authority and its subsidiaries, and the Triborough bridge and tunnel 44 authority, together with those other sources of payment described in 45 this section. In connection therewith, at its discretion, the authority, 46 subject to the rights of the holders of notes, bonds or other obli- 47 gations of the authority, the metropolitan transportation authority, the 48 New York city transit authority or the Triborough bridge and tunnel 49 authority, may: (a) agree with the New York city transit authority or 50 the Triborough bridge and tunnel authority that any such entity shall 51 deposit all or any portion of the revenues, other monies and assets 52 received by it or its subsidiaries into one or more funds or accounts; 53 and (b) deposit or cause to be deposited into one or more funds and 54 accounts: (i) all or any portion of the revenues, other monies and 55 assets received by the authority and its subsidiaries; (ii) all or any 56 portion of the annual operating surplus of the Triborough bridge andA. 2196 112 1 tunnel authority as certified pursuant to paragraph (b) of subdivision 2 two of section twelve hundred nineteen-a of this article; (iii) all or 3 any portion of the amounts from the operating and capital costs account 4 of the metropolitan transportation authority dedicated tax fund required 5 to be distributed to New York city transit authority under the 6 provisions of section twelve hundred seventy-c of this article; (iv) all 7 or any portion of the available monies in the transit account of the 8 metropolitan transportation authority special assistance fund estab- 9 lished under the provisions of section twelve hundred seventy-a of this 10 article available for payment of operating and capital costs of New York 11 city transit authority and its subsidiaries and Staten Island rapid 12 transit operating authority as provided in subdivision two of section 13 twelve hundred seventy-a of this article; (v) all or any portion of the 14 available moneys in the corporate transportation account of the metro- 15 politan transportation authority special assistance fund established 16 under the provisions of section twelve hundred seventy-a of this article 17 available for use by the authority for payment of operating costs of, 18 and capital costs, including debt service and reserve requirements, if 19 any, of or for the authority, the New York city transit authority and 20 their subsidiaries as provided in paragraph (a) of subdivision four of 21 section twelve hundred seventy-a of this article; and (vi) any other 22 monies of the authority, its subsidiaries, the New York city transit 23 authority and its subsidiaries, and the Triborough bridge and tunnel 24 authority from any source whatsoever. 25 2. Amounts so deposited in such funds or accounts may be: (a) pledged 26 by the authority to secure, and be applied to, the payment of its bonds, 27 notes or other obligations issued to finance transportation facilities 28 undertaken for the authority and its subsidiaries, transportation facil- 29 ities, including transit projects, undertaken for New York city transit 30 authority and its subsidiaries, and Triborough bridge and tunnel author- 31 ity projects undertaken for the Triborough bridge and tunnel authority; 32 and (b) used for payment of operating costs, and capital costs, includ- 33 ing debt service, reserve requirements, if any, the payment of amounts 34 required under bond, note or other financing facilities or agreements, 35 and the payment of all costs related to such obligations, of or for the 36 authority and its subsidiaries, and the New York city transit authority 37 and its subsidiaries as the authority in its full discretion shall 38 determine. To the extent moneys so deposited have been pledged by the 39 authority to secure and pay its bonds, notes or other obligations pursu- 40 ant to this subdivision, such moneys shall first be applied to satisfy 41 the requirements of any debt service or reserve requirements of the 42 resolution or resolutions or other contractual arrangements authorizing 43 such bonds, notes or other obligations. After satisfaction of such 44 requirements of any such resolution, resolutions, or other contractual 45 arrangements or if the authority has not so pledged such moneys, such 46 moneys so deposited, subject to the provisions of any other resolutions 47 or contractual arrangements of the authority and the New York city tran- 48 sit authority and applicable provisions of law, may be transferred to or 49 for the benefit of the authority and its subsidiaries and New York city 50 transit authority and its subsidiaries. Revenues and other monies of the 51 authority and its subsidiaries and New York city transit authority and 52 its subsidiaries, respectively, which are deposited in the funds or 53 accounts authorized by this section, as reduced by any application of 54 such revenues or monies to the payment of debt service, reserve require- 55 ments, if any, and other costs attributable to the funding of the capi- 56 tal costs of such entity, shall be allocated, credited and distributedA. 2196 113 1 to such source entity. Any other revenues or monies which are deposited 2 in the funds or accounts authorized by this section which are required 3 by law to be allocated or paid to the authority or its subsidiaries or 4 New York city transit authority or its subsidiaries, shall be allocated 5 or paid to the entity to which it is required to be allocated or paid by 6 law after reduction by an amount equal to the portion thereof applied to 7 the payment of debt service, reserve requirements, if any, and other 8 costs attributable to the funding of the capital costs of such entity. 9 In determining the amount of debt service, reserve requirements, if any, 10 and other costs attributable to the authority and its subsidiaries and 11 the New York city transit authority and its subsidiaries, the authority 12 shall make such calculation based upon the percentage of the proceeds of 13 the bonds, notes and other obligations expended for the capital costs 14 attributable to each such entity. The authority may utilize any interim 15 allocation of such distributions, provided that within ninety days after 16 the end of each calendar year, the authority shall certify that the 17 aggregate amount of moneys transferred to each of the authority and its 18 subsidiaries, and the New York city transit authority and its subsid- 19 iaries in respect of such calendar year, taking into account any intera- 20 gency repayments or reimbursements anticipated to be made in the next 21 succeeding calendar year, is not less than the amounts required to be 22 paid or transferred to such entities. 23 3. For the purpose of appropriately aligning and allocating the ulti- 24 mate responsibility for debt service among and between the authority and 25 its subsidiaries, New York city transit authority and its subsidiaries, 26 or the Triborough bridge and tunnel authority, each being an "affiliated 27 group", and except as otherwise authorized or required by law, in 28 connection with the application of revenues, subsidies or other moneys 29 or securities of an affiliated group to pay the debt service attribut- 30 able to bonds, notes or other obligations which provide funding of the 31 capital costs of another affiliated group or to refund or redeem bonds, 32 notes or other obligations, the proceeds of which were used to fund the 33 capital costs of another affiliated group, the affiliated group for 34 whose benefit debt service is paid or obligations refunded or redeemed, 35 shall repay, through payments, adjustments or other form of reconcil- 36 iation, such amounts to the affiliated group that made such payments not 37 later than the end of the next succeeding fiscal year; provided, howev- 38 er, that in connection with any refunding or redemption of bonds, notes 39 or other obligations, such repayment, adjustments or other form of 40 reconciliation shall be completed within the period of the applicable 41 capital program plan. 42 § 1349-ee. Regulation of certain authority expenditures. The authori- 43 ty shall implement policies as appropriate to minimize unwarranted 44 expenses and to protect against abuses in connection with (i) the grant- 45 ing of any privileges or benefits having financial value, other than 46 wage payments or expense reimbursements, to members or staff of the 47 authority, or any subsidiary or other authority created by the authori- 48 ty; and (ii) the full-time and part-time assignment and use of automo- 49 biles owned or leased by the authority, or any subsidiary or other 50 authority created by the authority, and the use by authority employees 51 and board members of livery vehicles, as defined in section one hundred 52 twenty-one-e of the vehicle and traffic law. 53 § 1349-ff. Metropolitan transportation authority finance fund. 1. The 54 authority shall establish a fund to be known as the "metropolitan trans- 55 portation authority finance fund" which shall be kept separate from and 56 shall not be commingled with any other moneys of the authority.A. 2196 114 1 2. Moneys in the fund may be: (a) pledged by the authority to secure 2 and be applied to the payment of the bonds, notes or other obligations 3 of the authority issued on or after the effective date of this section 4 to finance capital projects of the authority and its subsidiaries and 5 the New York city transit authority and any subsidiaries; or (b) used 6 for payment of capital costs, including debt service, reserve require- 7 ments, if any, the payment of amounts required under bond and note 8 facilities or agreements related thereto, the payment of federal govern- 9 ment loans, security or credit arrangements or other agreements related 10 thereto, and the payment of all costs related to such obligations, of or 11 for the authority, the New York city transit authority and their subsid- 12 iaries as the authority shall determine. Subject to the provisions of 13 any such pledge, or in the event there is no such pledge, any excess 14 moneys in this fund may be used by the authority for payment of operat- 15 ing costs of, and capital costs, including debt service and reserve 16 requirements, if any, of or for the authority, the New York city transit 17 authority and their subsidiaries as the authority shall determine. To 18 the extent moneys in the fund have been pledged by the authority to 19 secure and pay the bonds, notes or other obligations of the authority 20 issued to finance capital projects of the authority and its subsidiaries 21 and the New York city transit authority and any subsidiaries as herein 22 provided, moneys deposited into the fund shall be deposited to the 23 extent necessary to satisfy the requirements of any debt service or 24 reserve requirements, if any, of the resolution authorizing such bonds, 25 notes or other obligations. 26 3. Any moneys deposited in the fund shall be held in the fund free and 27 clear of any claim by any person arising out of or in connection with 28 article twenty-three of the tax law. Without limiting the generality of 29 the foregoing and without limiting the rights and duties of the commis- 30 sioner of taxation and finance under article twenty-three of the tax 31 law, a person shall have any right or claim against the authority, any 32 of their bondholders, any of the authority's other subsidiaries or the 33 New York city transit authority or any subsidiary to any moneys in or 34 distributed from the fund or in respect of a refund, rebate, credit or 35 reimbursement of taxes paid under article twenty-three of the tax law. 36 § 1349-gg. New York city transportation assistance fund. 1. The 37 authority shall create and establish a fund to be known as the "New York 38 city transportation assistance fund" which shall be kept separate from 39 and shall not be commingled with any other moneys of the authority. The 40 New York city transportation assistance fund shall consist of three 41 separate accounts: (i) the "subway action plan account"; (ii) the "outer 42 borough transportation account"; and (iii) the "general transportation 43 account". 44 2. Moneys in the subway action plan account shall be used for the 45 exclusive purpose of funding the operating and capital costs of the 46 metropolitan transportation authority's New York city subway action 47 plan. Such funds may be used for infrastructure including construction, 48 reconstruction, reconditioning and preservation of transportation 49 systems, facilities and equipment, acquisition of property, and for 50 operating costs including personal services, non-personal services, 51 fringe benefits, and contractual services. Funds may also be used to pay 52 or to reimburse the authority for its payment of debt service and 53 reserve requirements on that portion of authority bonds and notes issued 54 by the authority for capital costs of the metropolitan transportation 55 authority's New York city subway action plan.A. 2196 115 1 3. Moneys in the outer borough transportation account shall be used 2 for the exclusive purpose of funding the operating and capital costs of 3 metropolitan transportation authority facilities, equipment and services 4 in the counties of Bronx, Kings, Queens and Richmond, and any projects 5 improving transportation connections from such counties to New York 6 county. Such funds may be used for infrastructure including 7 construction, reconstruction, reconditioning and preservation of trans- 8 portation systems, facilities and equipment, acquisition of property, 9 and for operating costs including personal services, non-personal 10 services, fringe benefits, and contractual services. Funds may also be 11 used to fund a toll reduction program for any crossings under the juris- 12 diction of the metropolitan transportation authority or its subsidiaries 13 or affiliates. Funds may also be used to pay or to reimburse the author- 14 ity for its payment of debt service and reserve requirements on that 15 portion of authority bonds and notes that have been issued by the 16 authority specifically for the authorized purpose of this account. 17 Notwithstanding any law to the contrary, final approval of the use of 18 any funds paid into the outer borough transportation account shall be 19 approved by the mayor. 20 4. Moneys in the general transportation account shall be used for 21 funding the operating and capital costs of the metropolitan transporta- 22 tion authority. 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 pay or to reimburse the authority for its payment of debt 28 service and reserve requirements on that portion of authority bonds and 29 notes that have been issued by the authority specifically for the 30 purposes of this account. 31 5. Any revenues deposited in the subway action plan account, the outer 32 borough transportation account, or the general transportation account 33 pursuant to subdivision one of this section shall be used exclusively 34 for the purposes described, respectively, in subdivisions two, three, 35 and four of this section. Such revenues shall only supplement and shall 36 not supplant any federal, state, or local funds expended by the metro- 37 politan transportation authority, such authority's affiliates or subsid- 38 iaries for such respective purposes. 39 6. Any revenues deposited into the New York city transportation 40 assistance fund pursuant to subdivision one of this section shall not be 41 diverted into the general fund of the state, any other fund maintained 42 for the support of any other governmental purpose, or for any other 43 purpose not authorized by subdivisions two, three and four of this 44 section. 45 7. The authority shall report on the receipt and uses of all funds 46 received by the New York city transportation assistance fund, and in 47 each of its accounts, to the director of the budget, the temporary pres- 48 ident of the senate, and the speaker of the assembly, on an annual basis 49 no later than the first day of February. 50 § 1349-hh. Agreement of the state. The state does hereby pledge to and 51 agree with the authority and its subsidiaries, the New York city transit 52 authority and its subsidiaries, and the Triborough bridge and tunnel 53 authority, and the holders of any notes, bonds or other obligations, 54 including lease obligations, issued or incurred under this title, that 55 the state shall not limit or alter the denial of authority under subdi- 56 vision nine of section thirteen hundred forty-nine-u of this title, orA. 2196 116 1 the rights and powers vested in the authority and its subsidiaries, the 2 New York city transit authority and its subsidiaries, and the Triborough 3 bridge and tunnel authority by this title to fulfill the terms of any 4 agreements made by any of them with the holders thereof, or in any way 5 impair the rights and remedies of such holders until such notes, bonds 6 or other obligations, including lease obligations, together with the 7 interest thereon, with interest on any unpaid installments of interest, 8 and all costs and expenses for which the authority or its subsidiaries, 9 the New York city transit authority and its subsidiaries, and the 10 Triborough bridge and tunnel authority is liable in connection with any 11 action or proceeding by or on behalf of such holders, are fully met and 12 discharged. The authority and its subsidiaries, the New York city trans- 13 it authority and its subsidiaries, and the Triborough bridge and tunnel 14 authority are each authorized to include this pledge and agreement of 15 the state in any agreement with the holders of such notes, bonds or 16 other obligations, including lease obligations. 17 § 1349-ii. Right of state to require redemption of bonds. Notwith- 18 standing, and in addition to any provisions for the redemption of bonds 19 which may be contained in any contract with the holders of the bonds, 20 the state may, upon furnishing sufficient funds therefor, require the 21 authority to redeem, prior to maturity, as a whole, any issue of bonds 22 on any interest payment date not less than twenty years after the date 23 of the bonds of such issue at one hundred five per centum of their face 24 value and accrued interest or at such lower redemption price as may be 25 provided in the bonds in case of the redemption thereof as a whole on 26 the redemption date. Notice of such redemption shall be published in at 27 least two newspapers publishing and circulating respectively in the 28 cities of Albany and New York at least twice, the first publication to 29 be at least thirty days before the date of redemption. 30 § 1349-jj. Remedies of noteholders and bondholders. 1. In the event 31 that the authority shall default in the payment of principal of or 32 interest on any issue of notes or bonds after the same shall become due, 33 whether at maturity or upon call for redemption, and such default shall 34 continue for a period of thirty days, or in the event that the authority 35 shall fail or refuse to comply with the provisions of this title or 36 shall default in any agreement made with the holders of any issue of 37 notes or bonds, the holders of twenty-five per centum in aggregate prin- 38 cipal amount of the notes or bonds of such issue then outstanding, by 39 instrument or instruments filed in the office of the clerk of any county 40 in which the authority operates and has an office and proved or acknowl- 41 edged in the same manner as a deed to be recorded, may appoint a trustee 42 to represent the holders of such notes or bonds for the purposes 43 provided by this section. 44 2. Such trustee may, and upon written request of the holders of twen- 45 ty-five per centum in principal amount of such notes or bonds then 46 outstanding, shall, in his or her own name: 47 (a) by suit, action or proceeding in accordance with the civil prac- 48 tice law and rules, enforce all rights of the noteholders or bondhold- 49 ers, including the right to require the authority to collect fares, 50 tolls, rentals, rates, charges and other fees adequate to carry out any 51 agreement as to, or pledge of, such fares, tolls, rentals, rates, charg- 52 es and other fees and to require the authority to carry out any other 53 agreements with the holders of such notes or bonds and to perform its 54 duties under this title; 55 (b) bring suit upon such notes or bonds;A. 2196 117 1 (c) by action or suit, require the authority to account as if it were 2 the trustee of an express trust for the holders of such notes or bonds; 3 (d) by action or suit, enjoin any acts or things which may be unlawful 4 or in violation of the rights of the holders of such notes or bonds; and 5 (e) declare all such notes or bonds due and payable, and if all 6 defaults shall be made good, then, with the consent of the holders of 7 twenty-five per centum of the principal amount of such notes or bonds 8 then outstanding, to annul such declaration and its consequences. 9 3. Such trustee shall in addition to the foregoing have and possess 10 all of the powers necessary or appropriate for the exercise of any func- 11 tions specifically set forth herein or incident to the general represen- 12 tation of bondholders or noteholders in the enforcement and protection 13 of their rights. 14 4. The supreme court shall have jurisdiction of any suit, action or 15 proceeding by the trustee on behalf of such noteholders or bondholders. 16 The venue of any such suit, action or proceeding shall be laid in the 17 county in which the instrument or instruments are filed in accordance 18 with subdivision one of this section. 19 5. Before declaring the principal of notes or bonds due and payable, 20 the trustee shall first give thirty days' notice, in writing, to the 21 mayor, the authority, the comptroller and the public advocate. 22 § 1349-kk. Notes and bonds as legal investment. The notes and bonds of 23 the authority are hereby made securities in which all public officers 24 and bodies of the state and all municipalities and political subdivi- 25 sions, all insurance companies and associations and all other persons 26 carrying on an insurance business, all banks, bankers, trust companies, 27 savings banks and savings associations, including savings and loan asso- 28 ciations, building and loan associations, investment companies and other 29 persons carrying on a banking business, all administrators, guardians, 30 executors, trustees and other fiduciaries, and all other persons whatso- 31 ever who are now or who may hereinafter be authorized to invest in bonds 32 or other obligations of the state, may properly and legally invest 33 funds, including capital, in their control or belonging to them. 34 Notwithstanding any other provisions of law, the bonds of the authority 35 are also hereby made securities which may be deposited with and shall be 36 received by all public officers and bodies of this state and all munici- 37 palities and political subdivisions for any purpose for which the depos- 38 it of bonds or other obligations of the state is now or may hereinafter 39 be authorized. 40 § 1349-ll. Exemption from taxation. It is hereby found, determined and 41 declared that the creation of the authority and the carrying out of its 42 purposes is, in all respects, for the benefit of the people of the city 43 of New York and for the improvement of their health, welfare and pros- 44 perity and is a public purpose, and that the authority shall be perform- 45 ing an essential governmental function in the exercise of the powers 46 conferred upon it by this title. Without limiting the generality of the 47 following provisions of this section, property owned by the authority, 48 property leased by the authority and used for transportation purposes, 49 and property used for transportation purposes by or for the benefit of 50 the authority exclusively pursuant to the provisions of a joint service 51 arrangement or of a joint facilities agreement or trackage rights agree- 52 ment shall all be exempt from taxation and special ad valorem levies. 53 The authority shall be required to pay no fees, taxes or assessments, 54 whether state or local, including but not limited to fees, taxes or 55 assessments on real estate, franchise taxes, sales taxes or other excise 56 taxes, upon any of its property, or upon the use thereof, or upon itsA. 2196 118 1 activities in the operation and maintenance of its facilities or on any 2 fares, tolls, rentals, rates, charges or other fees, revenues or other 3 income received by the authority and the bonds of the authority and the 4 income therefrom shall at all times be exempt from taxation, except for 5 gift and estate taxes and taxes on transfers. This section shall consti- 6 tute a covenant and agreement with the holders of all bonds issued by 7 the authority. The terms "taxation" and "special ad valorem levy" shall 8 have the same meanings as defined in section one hundred two of the real 9 property tax law and the term "transportation purposes" shall have the 10 same meaning as used in titles two-A and two-B of article four of such 11 law. 12 § 1349-mm. Actions against the authority. 1. As a condition to the 13 consent of the state to suits against the authority, in every action 14 against the authority for damages, for injuries to real or personal 15 property or for the destruction thereof, or for personal injuries or 16 death, the complaint shall contain an allegation that at least thirty 17 days have elapsed since the demand, claim or claims upon which such 18 action is founded were presented to a member of the authority or other 19 officer designated for such purpose and that the authority has neglected 20 or refused to make an adjustment or payment thereof. 21 2. An action against the authority founded on tort, except an action 22 for wrongful death, shall not be commenced more than fifteen months 23 after the cause of action therefor shall have accrued, nor unless a 24 notice of claim shall have been served on the authority within the time 25 limited by and in compliance with all the requirements of section 26 fifty-e of the general municipal law. An action against the authority 27 for wrongful death shall be commenced in accordance with the notice of 28 claim and time limitation provisions of title eleven of article nine of 29 this chapter. 30 3. The authority shall be liable, and shall assume the liability to 31 the extent that it shall save harmless any duly appointed officer or 32 employee of the authority, for the negligence of such officer or employ- 33 ee, in the operation of a vehicle or other facility of transportation 34 owned or otherwise under the jurisdiction and control of the authority 35 in the discharge of a duty imposed upon such officer or employee at the 36 time of the accident, injury or damages complained of, while otherwise 37 acting in the performance of his or her duties and within the scope of 38 his or her employment. 39 4. The authority may require any person, presenting for settlement an 40 account or claim for any cause whatever against the authority, to be 41 sworn before a member, counsel or an attorney, officer or employee of 42 the authority designated for such purpose, concerning such account or 43 claim and when so sworn to answer orally as to any facts relative to 44 such account or claim. The authority shall have power to settle or 45 adjust all claims in favor of or against the authority. 46 5. The rate of interest to be paid by the authority upon any judgment 47 for which it is liable shall not exceed four per centum per annum. 48 6. The provisions of this section which relate to the requirement for 49 service of a notice of claim shall not apply to a subsidiary corporation 50 of the authority. In all other respects, each subsidiary corporation of 51 the authority shall be subject to the provisions of this section as if 52 such subsidiary corporation were separately named herein, provided, 53 however, that a subsidiary corporation of the authority which is a stock 54 corporation shall not be subject to the provisions of this section 55 except with respect to those causes of action arising on and after the 56 first day of the twelfth calendar month following that calendar month inA. 2196 119 1 which such stock corporation becomes a subsidiary corporation of the 2 authority. 3 § 1349-nn. Annual audit of authority. The comptroller shall conduct an 4 annual audit of the books and records of the authority and its subsid- 5 iary corporations. Such audit shall include a complete and thorough 6 examination of such authority's receipts, disbursements, revenues and 7 expenses during the prior fiscal year in accordance with the categories 8 or classifications established by such authority for its own operating 9 and capital outlay purposes; assets and liabilities at the end of its 10 last fiscal year including the status of reserve, depreciation, special 11 or other funds and including the receipts and payments of these funds; 12 schedule of bonds and notes outstanding at the end of its fiscal year 13 and their redemption dates, together with a statement of the amounts 14 redeemed and incurred during such fiscal year; operations, debt service 15 and capital construction during the prior fiscal year. 16 The comptroller, upon completion of such audit, shall within sixty 17 days thereafter, report to the mayor and city council of his or her 18 findings, conclusions and recommendations thereof. 19 § 1349-oo. Authority budget and financial plan. 1. In addition to the 20 requirements of section twenty-eight hundred two of this chapter, each 21 authority budget and plan shall be posted on its website and shall: (a) 22 present information relating to the authority and each of its agencies 23 in a clear and consistent manner and format; (b) be prepared in accord- 24 ance with generally accepted accounting principles, except as otherwise 25 consented to by the comptroller upon a showing of good cause; (c) be 26 based on reasonable assumptions and methods of estimation; (d) include 27 estimates of projected operating revenues and expenses; (e) identify any 28 planned transaction that would shift resources, from any source, from 29 one fiscal year to another, and the amount of any reserves; and (f) 30 contain a summary in plain English of the principal information in the 31 budget and conclusions to be drawn from it. 32 2. The authority shall prepare and make available for public 33 inspection on its website information that details the sources of data 34 and the assumptions and methods of estimation used to calculate all 35 operating and capital budget projections, consistent with generally 36 accepted budgetary practices. 37 3. The authority shall establish, at least annually, the quarterly 38 revenue and expense targets for the authority, and for each subsidiary 39 or other authority created by the authority itself and for which it 40 reports financial data. 41 4. The authority shall prepare and make available for public 42 inspection on its website: (a) within sixty days of the release of the 43 adopted budget and any updates to the budget, except updates released 44 within ninety days of the close of the fiscal year, monthly projections 45 for the current fiscal year of all revenues and expenses, staffing for 46 the authority and each of its agencies, and utilization for each of the 47 authority's agencies that operate transportation systems, including 48 bridges and tunnels; (b) within sixty days after the close of each quar- 49 ter, a comparison of actual revenues and expenses, actual staffing and 50 actual utilization to planned or projected levels for each of the 51 authority's agencies that operate transportation systems, including 52 bridges and tunnels, with an explanation of each material variance and 53 its budgetary impact; and (c) within ninety days after the close of each 54 quarter, the status of each gap-closing initiative with a projected 55 value greater than one million dollars in any given fiscal year; the 56 status of capital projects by capital element, including but not limitedA. 2196 120 1 to commitments, expenditures and completions; and an explanation of 2 material variances from the plan, cost overruns and delays. 3 5. Financial information required to be submitted by the authority 4 pursuant to paragraphs (d) and (e) of subdivision one of section thir- 5 teen hundred forty-nine-x of this title shall be presented in a format 6 consistent with the budget and plan, in downloadable, searchable format. 7 § 1349-pp. Independent audit of authority. The independent auditor 8 retained by the authority shall not provide to the authority, contempo- 9 raneously with the audit, unless it shall have previously received writ- 10 ten approval by the audit committee, any non-audit service, including: 11 1. routine bookkeeping or other services; 12 2. financial information systems design and implementation; 13 3. appraisal or valuation services, fairness opinions, or contribu- 14 tion-in-kind reports; 15 4. actuarial services; 16 5. outsourcing services; 17 6. authority management functions or human resources; 18 7. broker or dealer, investment advisor or investment banking 19 services; and 20 8. legal services and expert services unrelated to the audit. 21 § 1349-qq. Independent audit by the legislature. After the submission 22 of the annual independent audit report to the legislature pursuant to 23 section twenty-eight hundred two of this chapter, and after review of 24 such report, the temporary president of the senate and the speaker of 25 the assembly may commission an auditing firm, every two years, to 26 conduct an independent audit of the authority, including its subsid- 27 iaries. The temporary president of the senate and the speaker of the 28 assembly shall set the scope of such audit and determine the terms of 29 the request for proposal for such audit. Such audit shall be performed 30 for the second year after the effective date of this section. The 31 authority shall fully cooperate with and assist in such an audit. 32 § 1349-rr. Reporting. The authority shall post on its website on or 33 before the first of May, the law firms retained by the authority which 34 in the past year received payment for services in such year. 35 § 1349-ss. Transfer and receipt of surplus funds. Notwithstanding any 36 provision of this title or any other provision of law, general, special 37 or local, the authority may from time to time transfer and pay over to 38 New York city transit authority or Triborough bridge and tunnel authori- 39 ty all or any part of its surplus funds; and may accept and use any 40 moneys transferred and paid over to it by New York city transit authori- 41 ty or Triborough bridge and tunnel authority. 42 § 1349-tt. Title not affected if in part unconstitutional or ineffec- 43 tive. If any provision of any section of this title or the application 44 thereof to any person or circumstance shall be adjudged invalid by a 45 court of competent jurisdiction, such order or judgment shall be 46 confined in its operation to the controversy in which it was rendered, 47 and shall not affect or invalidate the remainder of any provision of any 48 section of this title or the application of any part thereof to any 49 other person or circumstance and to this end the provisions of each 50 section of this title are hereby declared to be severable. 51 § 1349-uu. Big apple transit authority inspector general. 1. There is 52 hereby created in the big apple transit authority an office of big apple 53 transit authority inspector general. The inspector general shall be 54 appointed by the mayor with the advice and consent of the city council. 55 The inspector general shall, prior to his or her appointment, have had 56 at least ten years experience in the management of transportationA. 2196 121 1 services, in auditing and investigation of governmental operations, or 2 in services related to management and productivity improvement. The term 3 of office of the inspector general shall be five years from the effec- 4 tive date of appointment, and he or she shall serve at the pleasure of 5 the mayor. The salary of the inspector general shall be determined by 6 the authority board. 7 2. The inspector general shall annually submit to the board of the big 8 apple transit authority a budget request for the operation of the 9 office. If the board disapproves any portion of such request and the 10 commissioner determines such disapproval to be unreasonable, such 11 commissioner shall withhold from payments due such authority, the amount 12 so determined to be unreasonable and transfer such amount to the office 13 of the big apple transit authority inspector general. 14 3. The inspector general shall have full and unrestricted access to 15 all records, information, data, reports, plans, projections, matters, 16 contracts, memoranda, correspondence and any other materials of the big 17 apple transit authority and its affiliates, or any other agency that may 18 come under the control of the authority, or within their custody or 19 control. 20 4. The inspector general, notwithstanding the provisions of this 21 title, title nine of this article and title three of article three of 22 this chapter, shall have the following functions, powers and duties: 23 (a) to receive and investigate complaints from any source or upon his 24 or her own initiative concerning alleged abuses, frauds and service 25 deficiencies, including deficiencies in the maintenance and operation of 26 facilities, relating to the authority and its affiliates; 27 (b) to initiate such reviews as he or she may deem appropriate of the 28 operations of the authority and its affiliate subsidiaries, in order to 29 identify areas in which performance might be improved and available 30 funds used more effectively; 31 (c) to recommend remedial actions to be taken by the authority and its 32 affiliates, to overcome or correct operating or maintenance deficiencies 33 and inefficiencies that he or she determines to exist; 34 (d) to make available to appropriate law enforcement officials infor- 35 mation and evidence that relate to criminal acts that he or she may 36 obtain in carrying out his or her duties; 37 (e) to subpoena witnesses, administer oaths or affirmations, take 38 testimony and compel the production of such books, papers, records and 39 documents as he or she may deem to be relevant to any inquiry or inves- 40 tigation undertaken pursuant to this section and to delegate such powers 41 to a duly authorized deputy inspector general; 42 (f) to monitor the implementation by the authority and its subsid- 43 iaries, the Triborough bridge and tunnel authority and the New York city 44 transit authority and its subsidiaries of recommendations made by the 45 inspector general or other audit agencies; and 46 (g) to do all things necessary to carry out the functions, powers and 47 duties set forth in this section. 48 5. The inspector general shall cooperate, consult and coordinate with 49 the state public transportation safety board with regard to any activity 50 concerning the operations of the big apple transit authority. With 51 respect to any accident on the facilities of the big apple transit 52 authority, the primary responsibility for investigation shall be that of 53 the board which shall share its findings with the big apple transit 54 authority inspector general. 55 6. The inspector general shall make annual public reports on his or 56 her findings and recommendations. Such a report shall be filed in theA. 2196 122 1 office of the mayor and with the city council on or before the first day 2 of February for the preceding year. The big apple transit authority and 3 its applicable constituent agencies shall prepare a response to the 4 annual report and to any and all other final reports made by the inspec- 5 tor general within thirty days of receipt, which time may be extended by 6 the inspector general in his or her discretion, indicating whether such 7 authority intends to implement the recommendations in such reports, and, 8 if not, an explanation of why not. In addition, the big apple transit 9 authority and its applicable constituent agencies shall give quarterly 10 reports to the inspector general outlining the status of each of the 11 recommendations made by the inspector general in his or her final 12 reports. Copies of all such reports shall be sent to the mayor and the 13 speaker of the city council. 14 7. To effectuate the purposes of this section, the inspector general 15 may request from any department, board, bureau, commission, office or 16 other agency of the state, or of any of its political subdivisions, such 17 cooperation, assistance, services and data as shall enable him or her to 18 carry out his or her functions, powers and duties hereunder, and such 19 departments, boards, bureaus, commissions, offices or other agencies of 20 the state are authorized and directed to provide such cooperation, 21 assistance, services and data. 22 § 1349-vv. Management advisory board. 1. There is hereby created in 23 the office of the big apple transit authority inspector general a 24 management advisory board, consisting of thirteen members appointed by 25 the mayor, of whom two shall be appointed upon nomination by the city 26 council. All members shall serve for a term of three years. One of the 27 members appointed to the management advisory board directly by the mayor 28 shall be designated by the mayor to serve as its chairman. 29 2. All members of the management advisory board shall be residents of 30 the city and shall be persons with substantial experience in the manage- 31 ment of private enterprises, in the delivery of public services, or in 32 labor or labor-management relations. 33 3. The management advisory board shall assist the big apple transit 34 authority inspector general in identifying ways to improve services, 35 reduce costs and increase the efficiency of the authority and its 36 subsidiaries, the Triborough bridge and tunnel authority or the New York 37 city transit authority and its subsidiaries. 38 4. No later than April first, two thousand twenty-four. Proceeding the 39 effective date of this section, and annually thereafter, the management 40 advisory board shall submit to the mayor and the city council a report 41 on its activities during the previous year. 42 5. The office of the big apple transit authority inspector general 43 shall provide the management advisory board with such staff support as 44 may be required for the performance of its duties. 45 6. Members of the management advisory board shall serve without 46 compensation, but shall be reimbursed for expenses reasonably incurred 47 in the performance of their duties. 48 § 1349-ww. The office of legislative and community input. 1. The 49 chairperson of the authority shall establish the office of legislative 50 and community input for the purpose of communicating information to, and 51 receiving comments, concerns and recommendations from, members of the 52 city council, and members of the permanent citizens advisory committee 53 to the authority, as defined in section thirteen hundred forty-nine-m of 54 this title, on the following: 55 (a) the operations of the rapid transit and omnibus facilities of the 56 authority, including but not limited to:A. 2196 123 1 (i) the quality of service provided on any rapid transit, and omnibus 2 line or route; 3 (ii) the frequency of operating service on the authority's mass trans- 4 it facilities; 5 (iii) the maintenance and condition of the authority's mass transit 6 facilities, including but not limited to, rapid transit and buses, fare 7 collection systems and sound systems; and 8 (iv) proposed service changes, including any reductions or expansion 9 of services, as it relates to the authority's mass transit facilities; 10 and 11 (b) any proposed, submitted and/or approved capital program plan, its 12 components, elements and projects, and associated expenditures. Any such 13 comments, concerns and recommendations relating to the capital program 14 plan, its components, elements and projects, and associated expenditures 15 shall be taken into consideration in the development of the current and 16 each successive capital program plan and/or any amendment to such plan. 17 2. The office shall establish a process to ensure timely notification 18 of the receipt of, and response to, comments, concerns, and recommenda- 19 tions by members of the legislature or members of the permanent citizens 20 advisory committee to the authority. 21 3. The chair and office shall prepare a report containing the follow- 22 ing information: 23 (a) a compilation of the comments, concerns, and recommendations 24 received by the office; 25 (b) how these comments, concerns or recommendations were or will be 26 addressed, such as the authority's response by the incorporation or 27 initiation of system and operational adjustments, improvements or expan- 28 sions if applicable; and 29 (c) how these comments, concerns or recommendations were or will be 30 addressed, such as the authority's response by changing or amending the 31 capital plan, as well as providing status updates on the progress of 32 such plan. 33 4. Such report shall, on a biannual basis commencing September first, 34 two thousand twenty-four, succeeding the effective date of this section, 35 be submitted to the mayor, the speaker of the city council and be posted 36 on the authority's website and also be made readily available to the 37 public. 38 § 1349-xx. Supplemental revenue reporting program. 1. On or before the 39 first of January next succeeding the effective date of this section, the 40 authority shall develop a supplemental revenue reporting program. Such 41 program shall provide a detailed accounting of the amount spent from 42 supplemental revenues on actions, measures or projects undertaken to 43 reduce major incidents that have been found to cause delays to the New 44 York city subway system, including but not limited to: track incidents; 45 signal failure; persons on the track; police and medical activity; 46 structural and electrical problems; and broken traincar equipment. The 47 information described in this subdivision, including the spending 48 details and the associated category of major incident, shall be updated 49 quarterly and be prominently posted together on the authority's website. 50 2. For purposes of this section, "supplemental revenues" shall include 51 any funds appropriated by the state or the city of New York to support 52 the NYC subway action plan approved by the board of the authority. 53 § 2. This act shall take effect January 1, 2024. 54 PART EA. 2196 124 1 Section 1. Article 5 of the public authorities law is amended by 2 adding a new title 11-F to read as follows: 3 TITLE 11-F 4 COMMUTER TRANSPORTATION AUTHORITY 5 Section 1349-aaaa. Short title. 6 1349-bbbb. Definitions. 7 1349-cccc. Commuter transportation authority. 8 1349-dddd. Purposes of the authority. 9 1349-eeee. State of emergency; boarding of a commuter transpor- 10 tation by domestic companion animals. 11 1349-ffff. General powers of the authority. 12 1349-gggg. Contracts. 13 1349-hhhh. Commuter transportation authority small business 14 mentoring program. 15 1349-iiii. Special powers of the authority. 16 1349-jjjj. Medical emergency services. 17 1349-kkkk. Medical emergency services plan; implementation on 18 Long Island Rail Road. 19 1349-llll. Long Island Rail Road commuter council. 20 1349-mmmm. Metro-North rail commuter council. 21 1349-nnnn. Medical emergency services plan; implementation on 22 Metro-North Commuter Railroad Company. 23 1349-oooo. Excess loss fund. 24 1349-pppp. Authority police force. 25 1349-qqqq. The permanent citizens advisory committee. 26 1349-rrrr. Commuter transportation authority pledge to custom- 27 ers. 28 1349-ssss. Expired fare transfer policy. 29 1349-tttt. Acquisition and disposition of real property. 30 1349-uuuu. Acquisition and disposition of real property by 31 department of transportation. 32 1349-vvvv. Cooperation and assistance of other agencies. 33 1349-wwww. Promotion of qualified transportation fringes. 34 1349-xxxx. Notes, bonds and other obligations of the authority. 35 1349-yyyy. Capital program plans; approvals; effect of disap- 36 proval. 37 1349-zzzz. Submission of strategic operation plan. 38 1349-aaaaa. Financial and operational reports. 39 1349-bbbbb. Mission statement and measurement report. 40 1349-ccccc. Requirements for certain authority contracts and 41 related subcontracts. 42 1349-ddddd. Reserve funds and appropriations. 43 1349-eeeee. Consolidated financings. 44 1349-fffff. Regulation of certain authority expenditures. 45 1349-ggggg. Agreement of the state. 46 1349-hhhhh. Right of state to require redemption of bonds. 47 1349-iiiii. Remedies of noteholders and bondholders. 48 1349-jjjjj. Notes and bonds as legal investment. 49 1349-kkkkk. Exemption from taxation. 50 1349-lllll. Actions against the authority. 51 1349-mmmmm. Annual audit of the authority. 52 1349-nnnnn. Authority budget and financial plan. 53 1349-ooooo. Independent audit of the authority. 54 1349-ppppp. Independent audit by the legislature. 55 1349-qqqqq. Reporting.A. 2196 125 1 1349-rrrrr. Station operation and maintenance. 2 1349-sssss. Transfer and receipt of surplus funds. 3 1349-ttttt. Title not affected if in part unconstitutional or 4 ineffective. 5 1349-uuuuu. Commuter transportation authority inspector general. 6 1349-vvvvv. Management advisory board. 7 1349-wwwww. Transition-election to withdraw from the metropol- 8 itan commuter transportation district. 9 1349-xxxxx. The office of legislative and community input. 10 1349-yyyyy. Debarment. 11 1349-zzzzz. Right to share employees. 12 § 1349-aaaa. Short title. This title may be known and may be cited as 13 the "Metropolitan Commuter Authority Act". 14 § 1349-bbbb. Definitions. As used or referred to in this title, unless 15 a different meaning clearly appears from the context: 16 1. "Authority" shall mean the corporation created by section thirteen 17 hundred forty-nine-cccc of this title. 18 2. "Authority facilities" shall mean the authority's railroad, omni- 19 bus, marine and aviation facilities and operations pursuant to joint 20 service arrangements. 21 3. "Budget" shall mean the preliminary, final proposed and adopted 22 final plans of the authority, and each of its agencies. 23 4. "Comptroller" shall mean the comptroller of the state of New York. 24 5. "Equipment" shall mean rolling stock, omnibuses, vehicles, air, 25 marine or surface craft, motors, boilers, engines, wires, ways, conduits 26 and mechanisms, machinery, tools, implements, materials, supplies, 27 instruments and devices of every nature whatsoever used or useful for 28 transportation purposes or for the generation or transmission of motive 29 power including but not limited to all power houses, and all apparatus 30 and all devices for signaling, communications and ventilation as may be 31 necessary, convenient or desirable for the operation of a transportation 32 facility. 33 6. "Federal government" shall mean the United States of America, and 34 any officer, department, board, commission, bureau, division, corpo- 35 ration, agency or instrumentality thereof. 36 7. "Gap" shall mean the difference between projected revenues and 37 expenses for any given fiscal year based on the existing fare structure. 38 8. "Gap-closing initiative" shall mean any action to reduce a project- 39 ed gap. 40 9. "Joint service arrangements" shall mean agreements between or among 41 the authority and any common carrier or freight forwarder, the state, 42 any state agency, the federal government, any other state or agency or 43 instrumentality thereof, any public authority of this or any other 44 state, or any political subdivision or municipality of the state, relat- 45 ing to property, buildings, structures, facilities, services, rates, 46 fares, classifications, divisions, allowances or charges, including 47 charges between operators of railroad, omnibus, marine and aviation 48 facilities, or rules or regulations pertaining thereto, for or in 49 connection with or incidental to transportation in part in or upon rail- 50 road, omnibus, marine or aviation facilities located within the district 51 and in part in or upon railroad, omnibus, marine or aviation facilities 52 located outside the district. 53 10. "Marine and aviation facilities" shall mean equipment and craft 54 for the transportation of passengers, mail and cargo between points 55 within the district or pursuant to joint service arrangements, by marine 56 craft and aircraft of all types including but not limited to hydrofoils,A. 2196 126 1 ferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or 2 other contrivances now or hereafter used in navigation or movement on 3 waterways or in the navigation of or flight in airspace. It shall also 4 mean any marine port or airport facility within the transportation 5 district but outside the port of New York district as defined in chapter 6 one hundred fifty-four of the laws of nineteen hundred twenty-one, 7 including but not limited to terminals, docks, piers, bulkheads, ramps 8 or any facility or real property necessary, convenient or desirable for 9 the accommodation of passengers and cargo or the docking, sailing, land- 10 ing, taking off, accommodation or servicing of such marine craft or 11 aircraft. 12 11. "Omnibus facilities" shall mean motor vehicles, of the type oper- 13 ated by carriers subject to the jurisdiction of the public service 14 commission, engaged in the transportation of passengers and their 15 baggage, express and mail between points within the district or pursuant 16 to joint service arrangements, and equipment, property, buildings, 17 structures, improvements, loading or unloading areas, parking areas or 18 other facilities, necessary, convenient or desirable for the accommo- 19 dation of such motor vehicles or their passengers, including but not 20 limited to buildings, structures and areas notwithstanding that portions 21 shall not be devoted to any omnibus purpose other than the production of 22 revenues available for the costs and expenses of all or any facilities 23 of the authority. 24 12. "Railroad facilities" shall mean right of way and related track- 25 age, rails, cars, locomotives, other rolling stock, signal, power, fuel, 26 communication and ventilation systems, power plants, stations, termi- 27 nals, storage yards, repair and maintenance shops, yards, equipment and 28 parts, offices and other real estate or personal property used or held 29 for or incidental to the operation, rehabilitation or improvement of any 30 railroad operating or to operate between points within the district or 31 pursuant to joint service arrangements, including but not limited to 32 buildings, structures, and areas notwithstanding that portions thereof 33 shall not be devoted to any railroad purpose other than the production 34 of revenues available for the costs and expenses of all or any facili- 35 ties of the authority. 36 13. "Real property" shall mean lands, structures, franchises and 37 interests in land, waters, lands under water, riparian rights and air 38 rights and any and all things and rights included within said term and 39 includes not only fees simple absolute but also any and all lesser 40 interests including but not limited to easements, rights of way, uses, 41 leases, licenses and all other incorporeal hereditaments and every 42 estate, interest or right, legal or equitable, including terms for years 43 and liens thereon by way of judgments, mortgages or otherwise. 44 14. "State" shall mean the state of New York. 45 15. "State agency" shall mean any officer, department, board, commis- 46 sion, bureau, division, public benefit corporation, agency or instrumen- 47 tality of the state. 48 16. "Transportation facility" shall mean any transit, railroad, omni- 49 bus, marine or aviation facility and any person, firm, partnership, 50 association or, corporation which owns, leases or operates any such 51 facility or any other facility used for service in the transportation of 52 passengers, United States mail or personal property as a common carrier 53 for hire and any portion thereof and the rights, leaseholds or other 54 interest therein together with routes, tracks, extensions, connections, 55 parking lots, garages, warehouses, yards, storage yards, maintenance and 56 repair shops, terminals, stations and other related facilities thereof,A. 2196 127 1 the devices, appurtenances, and equipment thereof and power plants and 2 other instrumentalities used or useful therefor or in connection there- 3 with. 4 17. "Transportation district" and "district" shall mean the metropol- 5 itan commuter transportation district created by section twelve hundred 6 sixty-two of this article. 7 18. "Transportation purpose" shall mean a purpose that directly 8 supports the missions or purposes of the authority, any of its subsid- 9 iaries, including the realization of revenues derived from property that 10 is, or is to be used as, a transportation facility. 11 19. "New York city transit authority" shall mean the corporation 12 created by section twelve hundred one of this article. 13 20. "Triborough bridge and tunnel authority" shall mean the corpo- 14 ration created by section five hundred fifty-two of this chapter. 15 21. "Inspector general" shall mean the commuter transportation author- 16 ity inspector general. 17 22. "Revenues" shall mean all monies received by the authority or its 18 subsidiaries from whatever source, derived directly or indirectly from 19 or in connection with the operations of the respective entity except for 20 any monies transferred to the metropolitan transportation authority 21 pursuant to section thirteen hundred forty-nine-h of this article that 22 is not returned to the authority pursuant to paragraph (c) of subdivi- 23 sion two of section twelve hundred sixty-six of this article. 24 23. "Transit facility" shall mean rapid transit railroad, omnibus line 25 or any other facility or any railroad used for local service in the 26 transportation of passengers as common carriers for hire or in the 27 transportation of the United States mail or personal property, and any 28 portion thereof and the rights, leaseholds or other interests therein, 29 together with the devices and appurtenances, facilities and equipment 30 thereof and power plants and other instrumentalities used or useful 31 therefor or in connection therewith. 32 24. "Utilization" shall mean public usage of buses and railroads as 33 reflected in empirical data. 34 § 1349-cccc. Commuter transportation authority. 1. (a) (i) There is 35 hereby created the "commuter transportation authority". The authority 36 shall be a body corporate and politic constituting a public benefit 37 corporation. The authority shall consist of a chairperson, seven other 38 voting members, and four non-voting members, as described in subpara- 39 graph (ii) of this paragraph, appointed by the governor and with the 40 advice and consent of the senate. Any member appointed shall have expe- 41 rience in one or more of the following areas of expertise: transporta- 42 tion, public administration, business management, finance, accounting, 43 law, engineering, land use, urban and regional planning, management of 44 large capital projects, labor relations, or have experience in some 45 other area of activity central to the mission of the authority. Each 46 voting member other than the chairperson shall be appointed after 47 selection from a written list of three recommendations from the chief 48 executive officer of the county in which such member is required to 49 reside pursuant to the provisions of this subdivision. Of the members 50 appointed on recommendation of the chief executive officer of a county, 51 one such member shall be, at the time of appointment: a resident of the 52 county of Nassau; one a resident of the county of Suffolk; one a resi- 53 dent of the county of Westchester; one a resident of the county of 54 Dutchess; one a resident of the county of Orange; one a resident of the 55 county of Putnam; and one a resident of the county of Rockland. The term 56 of any member who is a resident of a county that has withdrawn from theA. 2196 128 1 metropolitan commuter transportation district pursuant to section twelve 2 hundred seventy-nine-b of this article shall terminate upon the effec- 3 tive date of such county's withdrawal from such district. The chair- 4 person and each of the members shall be appointed for a term of six 5 years. The members from the counties of Dutchess, Orange, Putnam and 6 Rockland shall cast one collective vote. 7 (ii) There shall be four non-voting members, as referred to in subpar- 8 agraph (i) of this paragraph. The first non-voting member shall be a 9 regular user of the facilities of the authority and be recommended to 10 the governor by the Metro-North commuter council. The second non-voting 11 member shall be a regular mass transit user of the facilities of the 12 authority and be recommended to the governor by the Long Island Rail 13 Road commuter council. The third non-voting member shall be recommended 14 to the governor by the labor organization representing the majority of 15 employees of the Long Island Rail Road. The fourth non-voting member 16 shall be recommended to the governor by the labor organization repres- 17 enting the majority of employees of the Metro-North Commuter Railroad 18 Company. The chairperson of the authority, at their direction, may 19 exclude such non-voting member from attending any portion of a meeting 20 of the authority or of any committee established pursuant to paragraph 21 (b) of subdivision four of this section held for the purpose of discuss- 22 ing negotiations with labor organizations. 23 (b) Vacancies occurring otherwise than by expiration of term shall be 24 filled in the same manner as original appointments for the balance of 25 the unexpired term. 26 2. The chairperson and the first vice chairperson shall be paid a 27 salary in the amount determined by the authority; the other members 28 shall not receive a salary or other compensation. Each member, includ- 29 ing the chairperson and the first vice chairperson, shall be entitled to 30 reimbursement for actual and necessary expenses incurred in the perform- 31 ance of his or her official duties. 32 3. (a) A majority of the whole number of members of the authority then 33 in office shall constitute a quorum for the transaction of any business 34 or the exercise of any power of the authority. Except as otherwise spec- 35 ified in this title, for the transaction of any business or the exercise 36 of any power of the authority, the authority shall have power to act by 37 a majority vote of the members present at any meeting at which a quorum 38 is in attendance and except further, that in the event of a tie vote the 39 chairperson shall cast one additional vote. 40 (b) For purposes of determining the presence of a quorum, and for 41 purposes of participation on any committee or subcommittee, those 42 members who collectively cast a single vote pursuant to the provisions 43 of paragraph (a) of subdivision one of this section shall be considered 44 to be a single member, and the presence of such member shall be deter- 45 mined as provided in this subdivision. Except as otherwise provided in a 46 by-law adopted as hereinafter provided, such single member constituting 47 those members entitled to a collective vote shall be deemed present as a 48 single member for purposes of a quorum if one or more of the members 49 then in office entitled to cast such collective vote is present, and 50 such collective vote shall be cast in accordance with the majority 51 agreement of the members entitled to a collective vote who are present 52 or in the event a single member entitled to a collective vote is present 53 it shall be cast by that member. To evidence the existence of such 54 majority agreement among the members entitled to a collective vote, each 55 such member shall be polled as to his or her vote and such poll shall be 56 recorded in the minutes. In the event a majority vote is not achieved byA. 2196 129 1 the members entitled to a collective vote who are present, then the vote 2 shall not be cast. Nothing herein shall limit the right of an individual 3 member to participate in board meetings or in other activities of the 4 authority when the other members then in office entitled to collectively 5 cast a vote are not present. At any meeting of the authority at which 6 there is a quorum including all the members then in office entitled to 7 cast a collective vote, the authority may adopt a by-law or by-laws 8 regulating the casting of such collective vote, provided all members 9 then in office entitled to cast a collective vote affirmatively approve 10 such by-law or by-laws. Any action taken by the authority in accordance 11 with any such by-law or by-laws adopted pursuant to the provisions of 12 this paragraph shall take effect in the same manner as any other action 13 of the authority. Any such by-law or by-laws shall not provide for the 14 casting of any fractional vote. Nor shall such a by-law or by-laws 15 provide for the amendment, repeal or adoption in the future of such a 16 by-law or by-laws in a manner other than that set forth in this para- 17 graph. 18 (c) No provision of paragraph (b) of this subdivision relating to the 19 adoption of certain by-laws by the authority shall affect the manner in 20 which by-laws of the authority are adopted concerning any subject other 21 than the voting and presence for quorum purposes of the members from the 22 counties of Dutchess, Putnam, Orange and Rockland. 23 4. (a) Notwithstanding any provision of law to the contrary, the 24 chairperson shall be the chief executive officer of the authority and 25 shall be responsible for the discharge of the executive and administra- 26 tive functions and powers of the authority. The chairperson may appoint 27 an executive director and such other officials and employees as shall in 28 his or her judgment be needed to discharge the executive and administra- 29 tive functions and powers of the authority. 30 (b) The chairperson shall establish committees to assist in the 31 performance of their duties and shall appoint members of the authority 32 to such committees. Among such committees, there shall be: (i) a commit- 33 tee on operations of the Long Island Rail Road and the metropolitan 34 suburban bus authority; (ii) a committee on operations of the Metro- 35 North commuter railroad; (iii) a committee on finance; (iv) a committee 36 on capital program oversight; and (v) a committee on safety. The commit- 37 tee on capital program oversight shall include not less than four 38 members, and shall include the chairpersons of the committee on oper- 39 ations of the Long Island Rail Road and the metropolitan suburban bus 40 authority, the committee on operations of the Metro-North commuter rail- 41 road, and the committee on safety. The committee on safety shall convene 42 at least once annually and each committee chairperson, that is a member 43 of the committee on safety, shall report to the committee on safety any 44 and all initiatives, concerns, improvements, or failures involving the 45 safety of: (i) customers; (ii) employees; and (iii) the public at large, 46 in relation to authority facilities and services. The capital program 47 committee shall, with respect to any approved or proposed capital 48 program plans: (i) monitor the current and future availability of funds 49 to be utilized for such plans; (ii) monitor the contract awards of the 50 commuter transportation authority to ensure that such awards are 51 consistent with: (A) provisions of law authorizing United States content 52 and New York state content; (B) collective bargaining agreements; (C) 53 provisions of law providing for participation by minority and women- 54 owned businesses; (D) New York state labor laws; (E) competitive bidding 55 requirements including those regarding sole source contracts; and (F) 56 any other relevant requirements established by law; (iii) monitor theA. 2196 130 1 award of contracts to determine if such awards are consistent with the 2 manner in which the work was traditionally performed in the past 3 provided, however, that any such determination shall not be admissible 4 as evidence in any arbitration or judicial proceeding; (iv) review the 5 relationship between capital expenditures pursuant to each such capital 6 program plan and current and future operating budget requirements; (v) 7 monitor the progress of capital elements described in each capital 8 program plan; (vi) monitor the expenditures incurred and to be incurred 9 for each such element; and (vii) identify capital elements not progress- 10 ing on schedule, ascertain responsibility therefor and recommend those 11 actions required or appropriate to accelerate their implementation. The 12 capital program committee shall issue a quarterly report on its activ- 13 ities and findings, and shall in connection with the preparation of such 14 quarterly report, consult with the division of the budget, the depart- 15 ment of transportation, the governor, and any other group the committee 16 deems relevant, including public employee organizations, and, at least 17 annually, with a nationally recognized independent transit engineering 18 firm. Such report shall be made available to the members of the authori- 19 ty, to the governor, and the directors of the municipal assistance 20 corporation for the city of New York. 21 (c) The chairperson shall ensure that at every meeting of the board 22 and at every meeting of each committee the public shall be allotted a 23 period of time, not less than thirty minutes, to speak on any topic on 24 the agenda. 25 (d) Notwithstanding paragraph (c) of subdivision one of section twen- 26 ty-eight hundred twenty-four of this chapter or any other provision of 27 law to the contrary, the chairperson shall not participate in establish- 28 ing authority policies regarding the payment of salary, compensation and 29 reimbursement to, nor establish rules for the time and attendance of, 30 the chief executive officer. The salary of the chairperson, as deter- 31 mined pursuant to subdivision two of this section, shall also be compen- 32 sation for all services performed as chief executive officer. 33 5. The authority shall be a "state agency" for the purposes of 34 sections seventy-three and seventy-four of the public officers law. 35 6. Notwithstanding any inconsistent provisions of this or any other 36 law, general, special or local, no officer or employee of the state, or 37 of any public corporation, shall be deemed to have forfeited or shall 38 forfeit his or her office or employment or any benefits provided under 39 the retirement and social security law or under any public retirement 40 system maintained by the state by reason of their acceptance of member- 41 ship on or chairpersonship of the authority; provided, however, a member 42 or chairperson who holds such other public office or employment shall 43 receive no additional compensation for services rendered pursuant to 44 this title, but shall be entitled to reimbursement for their actual and 45 necessary expenses incurred in the performance of such services. 46 7. The governor may remove any member for inefficiency, neglect of 47 duty, breach of fiduciary duty or misconduct in office after giving the 48 member a copy of the charges against the member and an opportunity to be 49 heard, in person or by counsel in the member's defense, upon not less 50 than ten days' notice. If any member shall be so removed, the governor 51 shall file in the office of the department of state a complete statement 52 of charges made against such member, and his or her findings thereon, 53 together with a complete record of the proceedings. 54 8. The authority shall continue so long as it shall have bonds or 55 other obligations outstanding and until its existence shall be termi-A. 2196 131 1 nated by law. Upon the termination of the existence of the authority, 2 all its rights and properties shall pass to and be vested in the state. 3 9. Whenever the authority causes notices of hearings on proposed 4 changes in services or fares to be posted pursuant to this section or 5 any statute, regulation, or authority policy, or where it voluntarily 6 posts such notices, such notices shall: (a) be written in a clear and 7 coherent manner using words with common and every day meaning; (b) be 8 captioned in large point type bold lettering with a title that fairly 9 and accurately conveys the basic nature of such change or changes; (c) 10 where such change involves a proposed change in levels of fare, include 11 in its title the range of amounts of fare changes under consideration; 12 (d) contain, to the extent practicable, a concise description of the 13 specific nature of the change or changes, including but not limited to a 14 concise description of those changes that affect the largest number of 15 passengers; (e) where such change involves a change in the nature of a 16 route, contain, to the extent practicable, a clear graphic illustration 17 of such change or changes; and (f) where such change involves a partial 18 or complete station closing, such notice shall be posted at the affected 19 station with a clear graphic illustration depicting the nature of any 20 closing for such station. 21 § 1349-dddd. Purposes of the authority. 1. The purposes of the author- 22 ity shall be the continuance, further development and improvement of 23 commuter transportation and other services related thereto within the 24 metropolitan commuter transportation district, except within the city of 25 New York, including but not limited to such transportation by railroad, 26 omnibus, marine and air, in accordance with the provisions of this 27 title, in an efficient and cost-effective manner that includes the use 28 of design-build contracting on all appropriate projects. 29 2. It is hereby found and declared that such purposes are in all 30 respects for the benefit of the people of the state of New York and the 31 authority shall be regarded as performing an essential governmental 32 function in carrying out its purposes and in exercising the powers 33 granted by this title. 34 § 1349-eeee. State of emergency; boarding of a commuter transportation 35 by domestic companion animals. 1. For the purposes of this section: 36 (a) "Commuter transportation" means commuter transportation, and other 37 related services and facilities, operated by the authority or any of its 38 subsidiaries, including but not limited to such transportation by rail- 39 road, omnibus, marine and air, in accordance with this title. 40 (b) "Domestic companion animal" means a companion animal or pet as 41 defined in section three hundred fifty of the agriculture and markets 42 law and shall also mean any other domesticated animal normally main- 43 tained in or near the household of the owner or person who cares for 44 such other domesticated animal. "Domestic companion animal" shall not 45 include a "farm animal", as defined in section three hundred fifty of 46 the agriculture and markets law. 47 2. (a) In the event that a state of emergency has been declared and an 48 evacuation of any region of the state is in progress, the owner of a 49 domestic companion animal shall be permitted to board any commuter 50 transportation with such domestic companion animal so long as that 51 animal is under the owner's control by use of a leash or tether, or is 52 properly confined in an appropriate container or by other suitable 53 means, provided that such boarding is authorized by and consistent with 54 the provisions of state disaster emergency plans or local state of emer- 55 gency plans pertaining to the needs of animals and individuals with an 56 animal under their care. The provisions of this section shall only applyA. 2196 132 1 to the owners of domestic companion animals who are evacuating from a 2 region of the state affected by an emergency or disaster, or a local 3 state of emergency, as defined in section twenty-four of the executive 4 law. 5 (b) A domestic companion animal may be refused permission to board any 6 commuter transportation, even if the animal is under the owner's control 7 or properly confined in accordance with this subdivision if there is 8 reasonable cause to believe that, due to attendant circumstances, 9 permitting the animal to board would pose a health or safety hazard. 10 3. All passengers with service animals shall be given priority seating 11 on all means of transportation regulated by this title in accordance 12 with the federal "Americans with Disabilities Act of 1990", 42 U.S.C. 13 s.12101 et seq. For the purposes of this section, "service animal" shall 14 have the same meaning as set forth in the federal "Americans with Disa- 15 bilities Act of 1990", 42 U.S.C. s.12101 et seq. and any regulations 16 under such act. 17 4. All passengers on any commuter transportation shall be provided 18 seating before a domestic companion animal may be placed in a seat. 19 5. The authority is authorized and directed to promulgate and enforce 20 such rules and regulations as shall be necessary for the implementation 21 of this section. 22 § 1349-ffff. General powers of the authority. Except as otherwise 23 limited by this title, the authority shall have power: 24 1. To sue and be sued; 25 2. To have a seal and alter the same at pleasure; 26 3. To borrow money, to issue negotiable notes, bonds or other obli- 27 gations and to provide for the rights of the holders thereof, and to 28 finance or refinance all or any part of the costs to the authority or to 29 any other person or entity, public or private, of the planning, design, 30 acquisition, construction, improvement, reconstruction or rehabilitation 31 of any transportation facility; 32 4. To invest any funds, accounts or other monies not required for 33 immediate use or disbursement, at the discretion of the authority, in: 34 (a) obligations of the state or the United States government; 35 (b) obligations the principal and interest of which are guaranteed by 36 the state or the United States government; 37 (c) certificates of deposit of banks or trust companies in this state, 38 secured, if the authority shall so require, by obligations of the United 39 States or of the state of New York of a market value equal at all times 40 to the amount of the deposit; 41 (d) banker's acceptances with a maturity of ninety days or less which 42 are eligible for purchase by the Federal Reserve Banks and whose rating 43 at the time of purchase is in the highest rating category of two 44 nationally recognized independent rating agencies, provided, however, 45 that the amount of banker's acceptances of any one bank shall not exceed 46 two hundred fifty million dollars; 47 (e) obligations of any bank or corporation created under the laws of 48 either the United States or any state of the United States maturing 49 within two hundred seventy days, provided that such obligations receive 50 the highest rating of two nationally recognized independent rating agen- 51 cies and, provided further, that no more than two hundred fifty million 52 dollars may be invested in such obligations of any one bank or corpo- 53 ration; 54 (f) as to any such moneys held in reserve and sinking funds, other 55 securities in which the trustee or trustees of any public retirement 56 system or pension fund has the power to invest the monies thereof pursu-A. 2196 133 1 ant to article four-A of the retirement and social security law, each 2 such reserve and sinking fund being treated as a separate fund for the 3 purposes of article four-A of the retirement and social security law; 4 (g) notes, bonds, debentures, mortgages and other evidences of indebt- 5 edness, issued or guaranteed at the time of the investment by the United 6 States Postal Service, the federal national mortgage association, the 7 federal home loan mortgage corporation, the student loan marketing asso- 8 ciation, the federal farm credit system, or any other United States 9 government sponsored agency, provided that at the time of the investment 10 such agency or its obligations are rated and the agency receives, or its 11 obligations receive, the highest rating of all independent rating agen- 12 cies that rate such agency or its obligations, provided, however, that 13 no more than two hundred fifty million dollars or such greater amount as 14 may be authorized for investment by the state comptroller by section 15 ninety-eight of the state finance law may be invested in the obligations 16 of any one agency; 17 (h) general obligation bonds and notes of any state other than the 18 state, provided that such bonds and notes receive the highest rating of 19 at least one independent rating agency, and bonds and notes of any coun- 20 ty, town, city, village, fire district or school district of the state, 21 provided that such bonds and notes receive either of the two highest 22 ratings of at least two independent rating agencies; 23 (i) mutual funds registered with the United States securities and 24 exchange commission whose investments are limited to obligations of the 25 state described in paragraph (a) of this subdivision, obligations the 26 principal and interest of which are guaranteed by the state described in 27 paragraph (b) of this subdivision, and those securities described in 28 paragraph (h) of this subdivision and that have received the highest 29 rating of at least one independent rating agency, provided that the 30 aggregate amount invested at any one time in all such mutual funds shall 31 not exceed ten million dollars, and, provided further, that the authori- 32 ty shall not invest such funds, accounts or other monies in any mutual 33 fund for longer than thirty days; and 34 (j) financial contracts in a foreign currency entered into for the 35 purpose of minimizing the foreign currency exchange risk of the purchase 36 price of a contract with a vendor chosen through competitive process for 37 the acquisition of capital assets for the benefit of the transportation 38 capital program; 39 5. To make and alter by-laws for its organization and internal manage- 40 ment, and rules and regulations governing the exercise of its powers and 41 the fulfillment of its purposes under this title; 42 6. (a) To enter into contracts and leases and to execute all instru- 43 ments necessary or convenient; 44 (b) With respect to any lease transaction entered into pursuant to 45 section 168(f)(8) of the United States internal revenue code or any 46 successor provisions, the authority shall meet the following standards 47 and procedures: 48 (i) notice of intention to negotiate shall be published in at least 49 one newspaper of general circulation, and a copy thereof shall be mailed 50 to all parties who have requested notification from the authority to 51 engage in transactions of this type. Such notice shall describe the 52 nature of the proposed transaction and the factors subject to negoti- 53 ation, which shall include, but not be limited to, the price to be paid 54 to the authority; 55 (ii) the authority shall negotiate with those respondents whose 56 response complies with the requirements set forth in the notice; andA. 2196 134 1 (iii) the board of the authority shall resolve on the basis of parti- 2 cularized findings relevant to the factors negotiated that such trans- 3 action will provide maximum available financial benefits, consistent 4 with other defined objectives and requirements; 5 (c) The authority shall provide to the governor, the temporary presi- 6 dent of the senate, the speaker of the assembly, the minority leader of 7 the senate and the minority leader of the assembly notice of each lease 8 entered into pursuant to paragraph (b) of this subdivision and support- 9 ing documentation of compliance by the authority with subparagraphs (i), 10 (ii) and (iii) of paragraph (b) of this subdivision; 11 7. To acquire, hold and dispose of real or personal property in the 12 exercise of its powers; 13 8. To appoint such officers and employees as it may require for the 14 performance of its duties, and to fix and determine their qualifica- 15 tions, duties, and compensation and to retain or employ counsel, audi- 16 tors, engineers and private consultants on a contract basis or otherwise 17 for rendering professional or technical services and advice; 18 9. (a) Notwithstanding section one hundred thirteen of the retirement 19 and social security law or any other general or special law, the author- 20 ity and any of its subsidiary corporations may continue or provide to 21 its affected officers and employees any retirement, disability, death or 22 other benefits provided or required for railroad personnel pursuant to 23 federal or state law; 24 (b) The authority and any of its public benefit subsidiary corpo- 25 rations may be a participating employer in the New York state employees' 26 retirement system with respect to one or more classes of officers and 27 employees of such authority or any such public benefit subsidiary corpo- 28 ration, as may be provided by resolution of such authority or any such 29 public benefit subsidiary corporation, as the case may be, or any subse- 30 quent amendment thereof, filed with the comptroller and accepted by him 31 or her pursuant to section thirty-one of the retirement and social secu- 32 rity law. In taking any action pursuant to this paragraph, the authority 33 and any of its public benefit subsidiary corporations shall consider the 34 coverages and benefits continued or provided pursuant to paragraph (a) 35 of this subdivision; 36 10. To make plans, surveys, and studies necessary, convenient or 37 desirable to the effectuation of the purposes and powers of the authori- 38 ty and to prepare recommendations in regard thereto; 39 11. To enter upon such lands, waters or premises as in the judgment of 40 the authority may be necessary, convenient or desirable for the purpose 41 of making surveys, soundings, borings and examinations to accomplish any 42 purpose authorized by this title. The authority shall be liable for 43 actual damage done due to the entering upon such lands, waters or prem- 44 ises and any activities taken thereon; 45 12. The authority may conduct investigations and hearings in the 46 furtherance of its general purposes, and in aid thereof have access to 47 any books, records or papers relevant thereto. If any person whose 48 testimony shall be required for the proper performance of the duties of 49 the authority shall fail or refuse to aid or assist the authority in the 50 conduct of any investigation or hearing, or to produce any relevant 51 books, records or other papers, the authority is authorized to apply for 52 process of subpoena, to issue out of any court of general original 53 jurisdiction whose process can reach such person, upon due cause shown; 54 13. A copy of any report submitted by the authority pursuant to 55 sections twenty-eight hundred, twenty-eight hundred one and twenty-eight 56 hundred two of this chapter shall be forwarded to the mayor of the cityA. 2196 135 1 of New York and to the chairperson of the board of supervisors and to 2 the county executive, if any, of each county within the district; and 3 14. To do all things necessary, convenient or desirable to carry out 4 its purposes and for the exercise of the powers granted in this title. 5 § 1349-gggg. Contracts. 1. The provisions of this section shall not 6 apply to: 7 (a) the award of any contract of the authority if the bid documents 8 for such contract so provide and such bid documents are issued within 9 sixty days of the effective date of this section; or 10 (b) for a period of one hundred eighty days after the effective date 11 of this section, the award of any contract for which an invitation to 12 bid, solicitation, request for proposal, or any similar document has 13 been issued by the authority prior to the effective date of this 14 section. 15 2. (a) Except as otherwise provided in this section, all purchase 16 contracts for supplies, materials or equipment involving an estimated 17 expenditure in excess of one million dollars and all contracts for 18 public work involving an estimated expenditure in excess of one million 19 dollars shall be awarded by the authority to the lowest responsible 20 bidder after obtaining sealed bids in the manner hereinafter set forth. 21 For purposes hereof, contracts for public work shall exclude contracts 22 for personal, engineering and architectural, or professional services. 23 The authority may reject all bids and obtain new bids in the manner 24 provided by this section when it is deemed in the public interest to do 25 so or, in cases where two or more responsible bidders submit identical 26 bids which are the lowest bids, award the contract to any of such 27 bidders or obtain new bids from such bidders. Nothing in this paragraph 28 shall obligate the authority to seek new bids after the rejection of 29 bids or after cancellation of an invitation to bid. Nothing in this 30 section shall prohibit the evaluation of bids on the basis of costs or 31 savings including life cycle costs of the item to be purchased, 32 discounts, and inspection services so long as the invitation to bid 33 reasonably sets forth the criteria to be used in evaluating such costs 34 or savings. Life cycle costs may include but shall not be limited to 35 costs or savings associated with installation, energy use, maintenance, 36 operation and salvage or disposal. 37 (b) Section twenty-eight hundred seventy-nine of this chapter shall 38 apply to the authority's acquisition of goods or services of any kind, 39 in the actual or estimated amount of fifteen thousand dollars or more, 40 provided: (i) that a contract for services in the actual or estimated 41 amount of one million dollars or less shall not require approval by the 42 board of the authority regardless of the length of the period over which 43 the services are rendered, and provided further that a contract for 44 services in the actual or estimated amount of one million dollars or 45 more shall require approval by the board of the authority regardless of 46 the length of the period over which the services are rendered unless 47 such a contract is awarded to the lowest responsible bidder after 48 obtaining sealed bids; and (ii) the board of the authority may by resol- 49 ution adopt guidelines that authorize the award of contracts to small 50 business concerns, to service disabled veteran owned businesses certi- 51 fied pursuant to article three of the veterans' services law, or minori- 52 ty or women-owned business enterprises certified pursuant to article 53 fifteen-A of the executive law, or purchases of goods or technology that 54 are recycled or remanufactured, in an amount not to exceed one million 55 dollars without a formal competitive process and without further board 56 approval. The board of the authority shall adopt guidelines which shallA. 2196 136 1 be made publicly available for the awarding of such contract without a 2 formal competitive process. 3 (c)(i) Notwithstanding the provisions of paragraph (a) of this subdi- 4 vision, the authority shall establish guidelines governing the quali- 5 fications of bidders entering into contracts for its project to bring 6 the Long Island Rail Road into Grand Central Terminal, referred to as 7 the "East Side Access Project" for the purposes of this section. The 8 bidding may be restricted to those who have qualified prior to the 9 receipt of bids according to standards fixed by the authority; provided, 10 however, that the award of contracts shall, to the extent not inconsist- 11 ent with this paragraph, be in accordance with paragraph (a) of this 12 subdivision. 13 (ii) In determining whether a prospective bidder qualifies for the 14 inclusion on a list of prequalified bidders for the East Side Access 15 Project, the authority shall consider: (A) the experience and past 16 performance of the prospective bidder; (B) the prospective bidder's 17 ability to undertake work, including but not limited to whether it 18 participates in state approved apprenticeship programs and whether it 19 utilizes employees who are represented by labor organizations; (C) the 20 financial capability and responsibility of the prospective bidder; and 21 (D) the records of the prospective bidder in complying with existing 22 labor standards. The authority may also consider such other factors as 23 it deems appropriate. 24 3. (a) Advertisement for bids, when required by this section, shall be 25 published at least once in a newspaper of general circulation in the 26 area served by the authority and in the procurement opportunities news- 27 letter published pursuant to article four-C of the economic development 28 law provided that, notwithstanding the provisions of article four-C of 29 the economic development law, an advertisement shall only be required 30 for a purchase contract for supplies, materials or equipment when 31 required by this section. Publication in a newspaper of general circu- 32 lation in the area served or in the procurement opportunities newsletter 33 shall not be required if bids for contracts for supplies, materials or 34 equipment are of a type regularly purchased by the authority and are to 35 be solicited from a list of potential suppliers, if such list is or has 36 been developed consistent with the provisions of subdivision six of this 37 section. Any such advertisement shall contain a statement of: (i) the 38 time and place where bids received pursuant to any notice requesting 39 sealed bids will be publicly opened and read; (ii) the name of the 40 contracting agency; (iii) the contract identification number; (iv) a 41 brief description of the public work, supplies, materials, or equipment 42 sought, the location where work is to be performed, goods are to be 43 delivered or services provided and the contract term; (v) the address 44 where bids or proposals are to be submitted; (vi) the date when bids or 45 proposals are due; (vii) a description of any eligibility or qualifica- 46 tion requirement or preference; (viii) a statement as to whether the 47 contract requirements may be fulfilled by a subcontracting, joint 48 venture, or co-production arrangement; (ix) any other information deemed 49 useful to potential contractors; and (x) the name, address, and tele- 50 phone number of the person to be contacted for additional information. 51 At least fifteen business days shall elapse between the first publica- 52 tion of such advertisement or the solicitation of bids, as the case may 53 be, and the date of opening and reading of bids. 54 (b) The authority may designate any officer or employee to open the 55 bids at the time and place bids are to be opened and may designate an 56 officer to award the contract to the lowest responsible bidder. SuchA. 2196 137 1 designee shall make a record of all bids in such form and detail as the 2 authority shall prescribe. All bids received shall be publicly opened 3 and read at the time and place specified in the advertisement or at the 4 time of solicitation, or to which the opening and reading have been 5 adjourned by the authority. All bidders shall be notified of the time 6 and place of any such adjournment. 7 4. Notwithstanding the foregoing, the authority may, by resolution 8 approved by a two-thirds vote of its members then in office, or by a 9 majority vote of its members with respect to contracts proposed to be 10 let pursuant to paragraph (a) of this subdivision declare that compet- 11 itive bidding is impractical or inappropriate because of the existence 12 of any of the circumstances hereinafter set forth and thereafter the 13 authority may proceed to award contracts without complying with the 14 requirements of subdivision two or three of this section. In each case 15 where the authority declares competitive bidding impractical or inappro- 16 priate, it shall state the reason therefor in writing and summarize any 17 negotiations that have been conducted. Except for contracts awarded 18 pursuant to paragraphs (a), (b), (c) and (e) of this subdivision, the 19 authority shall not award any contract pursuant to this subdivision 20 earlier than thirty days from the date on which the authority declares 21 that competitive bidding is impractical or inappropriate. Competitive 22 bidding may only be declared impractical or inappropriate where: 23 (a) the existence of an emergency involving danger to life, safety or 24 property requires immediate action and cannot await competitive bidding 25 or the item to be purchased is essential to efficient operation or the 26 adequate provision of service and as a consequence of an unforeseen 27 circumstance such purchase cannot await competitive bidding; 28 (b) the item to be purchased is available only from a single responsi- 29 ble source, provided that if bids have not been solicited for such item 30 pursuant to subdivision two of this section within the preceding twelve 31 months, public notice shall first be given pursuant to subdivision three 32 of this section; 33 (c) the authority receives no responsive bids or only a single respon- 34 sive bid in response to an invitation for competitive bids; 35 (d) the authority wishes to experiment with or test a product or tech- 36 nology or new source for such product or technology or evaluate the 37 service or reliability of such product or technology; 38 (e) the item is available through an existing contract between a 39 vendor and: (i) another public authority provided that such other 40 authority utilized a process of competitive bidding or a process of 41 competitive requests for proposals to award such contracts; (ii) Nassau 42 county; (iii) the state of New York; or (iv) the city of New York, 43 provided that in any case when under this paragraph the authority deter- 44 mines that obtaining such item thereby would be in the public interest 45 and sets forth the reasons for such determination. The authority shall 46 accept sole responsibility for any payment due the vendor as a result of 47 the authority's order; or 48 (f) the authority determines that it is in the public interest to 49 award contracts pursuant to a process for competitive requests for 50 proposals as hereinafter set forth. For purposes of this section, a 51 process for competitive requests for proposals shall mean a method of 52 soliciting proposals and awarding a contract on the basis of a formal 53 evaluation of the characteristics, such as quality, cost, delivery sche- 54 dule and financing of such proposals against stated selection criteria. 55 Public notice of the requests for proposals shall be given in the same 56 manner as provided in subdivision three of this section and shallA. 2196 138 1 include the selection criteria. In the event the authority makes a mate- 2 rial change in the selection criteria from those previously stated in 3 the notice, it will inform all proposers of such change and permit 4 proposers to modify their proposals; 5 (i) The authority may award a contract pursuant to this paragraph only 6 after a resolution approved by a two-thirds vote of its members then in 7 office at a public meeting of the authority with such resolution: (A) 8 disclosing the other proposers and the substance of their proposals; (B) 9 summarizing the negotiation process including the opportunities, if any, 10 available to proposers to present and modify their proposals; and (C) 11 setting forth the criteria upon which the selection was made. 12 (ii) Nothing in this paragraph shall require or preclude: (A) negoti- 13 ations with any proposers following the receipt of responses to the 14 request for proposals; or (B) the rejection of any or all proposals at 15 any time. Upon the rejection of all proposals, the authority may solicit 16 new proposals or bids in any manner prescribed in this section. 17 (g) The authority issues a competitive request for proposals pursuant 18 to the procedures of paragraph (f) of this subdivision for the purchase 19 or rehabilitation of rail cars and omnibuses. Any such request may 20 include among the stated selection criteria the performance of all or a 21 portion of the contract at sites within the state of New York or the use 22 of goods produced or services provided within the state of New York, 23 provided however that in no event shall the authority award a contract 24 to a manufacturer whose final offer, as expressed in unit cost is more 25 than ten percent higher than the unit cost of any qualified competing 26 final offer, if the sole basis for such award is that the higher priced 27 offer includes more favorable provision for the performance of the 28 contract within the state of New York or the use of goods produced or 29 services provided within the state of New York, and further provided 30 that the authority's discretion to award a contract to any manufacturer 31 shall not be so limited if a basis for such award, as determined by the 32 authority, is superior financing, delivery schedule, life cycle, reli- 33 ability, or any other factor the authority deems relevant to its oper- 34 ations; 35 (i) The authority may award a contract pursuant to this paragraph only 36 after a resolution approved by a vote of not less than a two-thirds vote 37 of its members then in office at a public meeting of the authority with 38 such resolution; (A) disclosing the other proposers and the substance of 39 their proposals; (B) summarizing the negotiation process including the 40 opportunities, if any, available to proposers to present and modify 41 their proposals; and (C) setting forth the criteria upon which the 42 selection was made. 43 (ii) Nothing in this paragraph shall require or preclude: (A) negoti- 44 ations with any proposers following the receipt of responses to the 45 request for proposals; or (B) the rejection of any or all proposals at 46 any time. Upon the rejection of all proposals, the authority may solicit 47 new proposals or bids in any manner prescribed in this section. 48 5. Upon the adoption of a resolution by the authority stating, for 49 reasons of efficiency, economy, compatibility or maintenance reliabil- 50 ity, that there is a need for standardization, the authority may estab- 51 lish procedures whereby particular supplies, materials or equipment are 52 identified on a qualified products list. Such procedures shall provide 53 for products or vendors to be added to or deleted from such list and 54 shall include provisions for public advertisement of the manner in which 55 such lists are compiled. The authority shall review such list no less 56 than twice a year for the purpose of making such modifications.A. 2196 139 1 Contracts for particular supplies, materials or equipment identified on 2 a qualified products list may be awarded by the authority to the lowest 3 responsible bidder after obtaining sealed bids in accordance with this 4 section or without competitive sealed bids in instances when the item is 5 available from only a single source, except that the authority may 6 dispense with advertising provided that it mails copies of the invita- 7 tion to bid to all vendors of the particular item on the qualified 8 products list. 9 6. The authority shall compile a list of potential sources of 10 supplies, materials or equipment regularly purchased. The authority 11 shall, by resolution, set forth the procedures it has established to 12 identify new sources and to notify such new sources of the opportunity 13 to bid for contracts for the purchase of supplies, materials or equip- 14 ment. Such procedures shall include, but not be limited to: (a) adver- 15 tising in trade journals; (b) cooperation with federal, state and local 16 agencies within its area of operations; (c) publication in the state 17 register quarterly; and (d) procedures established pursuant to subdivi- 18 sion thirteen of section thirteen hundred forty-nine-j of this article. 19 7. The provisions of this section shall not supersede any other 20 provisions of law relative to purchases of products or devices manufac- 21 tured or provided by the blind or other severely handicapped persons, to 22 the invitation and acceptance of bids from small or minority business 23 enterprises or to the purchases of supplies, materials or equipment 24 through the office of general services. Except as may otherwise be 25 provided by law or as more restrictively defined in the official policy 26 or bid specifications of the authority, the term "small business" means 27 a small business or similar term, under federal regulations applicable 28 to projects of the authority which are federally assisted. 29 8. Notwithstanding any other provisions in this section, the authority 30 shall be allowed to use an electronic bidding system for the purchase of 31 goods, materials, and commodities that may inform bidders whether their 32 bid is the current low bid and allow bidders to submit new bids before 33 the date and time assigned for the opening of bids. Such procedure shall 34 not constitute disclosure of bids in violation of section twenty-eight 35 hundred seventy-eight of this chapter. 36 9. The provisions of this section shall not apply to any procurement 37 made by any other public entity not otherwise required by law to award 38 contracts for such purchases to the lowest responsible bidder if such 39 purchases are made at the sole cost and expense of such entity. 40 10. (a) Whenever the comptroller pursuant to section twenty-eight 41 hundred seventy-nine-a of this chapter intends to require supervision in 42 the form of prior review and approval of a contract or contract amend- 43 ment to be awarded by the authority pursuant to this section, then such 44 contract or contract amendment shall be submitted to the comptroller by 45 the authority for approval and shall not be a valid enforceable contract 46 unless it shall first have been approved by the comptroller but only if 47 the comptroller has notified the authority of such determination within 48 thirty days of having received written notice of such contract or 49 contract amendment either in the authority's annual report or any 50 revised report. 51 (b) If the comptroller has timely notified the authority as provided 52 in paragraph (a) of this subdivision that any contract or contract 53 amendment shall be subject to comptroller prior review and approval, and 54 such contract or contract amendment has been submitted to the comp- 55 troller, it shall become valid and enforceable without such approval ifA. 2196 140 1 the comptroller has not approved or disapproved it within thirty days of 2 submission to the comptroller. 3 11. The award of construction contracts by the authority shall not be 4 subject to the provisions of section one hundred one of the general 5 municipal law. 6 § 1349-hhhh. Commuter transportation authority small business mentor- 7 ing program. 1. As used in this section, unless the context requires 8 otherwise: 9 (a) "authority" means commuter transportation authority and its 10 subsidiaries; 11 (b) "chairperson" means the chairperson of the authority and its 12 subsidiaries and affiliates; 13 (c) "small business" means a business in the construction trades 14 which: (i) is independently owned and operated; (ii) has annual revenues 15 not exceeding a fiscal limitation of five million dollars or such lesser 16 amount as established by the authority pursuant to these provisions; and 17 (iii) meets additional criteria as otherwise established by the chair- 18 person in consultation with the members of the commuter transportation 19 small business mentoring program advisory committee. The chair of the 20 committee shall be the chief diversity officer of the authority. The 21 authority shall establish a detailed definition in general and specific 22 to different segments of the construction industry to the extent neces- 23 sary to reflect differing characteristics of such segments based on the 24 criteria used by the United States small business administration for 25 loans to small businesses as set forth in Sections 121.301 through 26 121.305, or for awarding government procurements as set forth in 27 Sections 121.401 through 121.413, of Subpart A of Part 121 of Chapter I 28 of Title 13 of the Code of Federal Regulations as amended, and such 29 other criteria as determined by the authority; 30 (d) "small business mentoring program" is a program established by the 31 authority pursuant to these provisions to provide small businesses 32 accepted into the program with the opportunity: 33 (i) for up to four years, to compete for and, where awarded, to 34 perform certain authority public work contracts to be designated by the 35 authority for inclusion in this program under this subparagraph, with 36 the assistance of an authority-provided mentor, which shall be a firm 37 competitively selected by the authority that has extensive construction 38 management and mentoring experience, with the mentor to provide the 39 small business with advice and assistance in competing for and managing 40 authority public work contracts; and 41 (ii) for a small business mentoring program participant which the 42 authority has determined has successfully completed the program under 43 subparagraph (i) of this paragraph, for up to four additional years: (A) 44 additional opportunities to compete with other designated small busi- 45 nesses in the program for certain public work contracts to be designated 46 for inclusion under this subparagraph and, where awarded, to perform 47 such authority public work contracts, with the further assistance of an 48 authority-provided mentor, which shall be a firm competitively selected 49 by the authority that has extensive construction management and mentor- 50 ing experience, with the mentor to provide the small business with 51 advice and technical assistance in competing for and managing authority 52 public work contracts; and (B) authority-provided assistance, as deter- 53 mined by the authority, for such a small business to obtain bonding for 54 public work contracts that are competitively awarded pursuant to 55 provisions of law other than this section;A. 2196 141 1 (e) "small business mentoring program contract" means a non-federally 2 funded authority public work contract designated by the authority, in an 3 estimated amount of not more than one million dollars for contracts 4 under subparagraph (i) of paragraph (d) of this subdivision and three 5 million dollars for contracts under subparagraph (ii) of paragraph (d) 6 of this subdivision, for which bids or proposals are to be invited and 7 accepted only from businesses that are enrolled in the small business 8 mentoring program and have been selected by the authority to compete for 9 the contract. 10 2. (a) Pursuant to these provisions, the authority may establish a 11 small business mentoring program. In connection therewith, the authority 12 may determine the criteria pursuant to which a small business shall be 13 eligible for and selected to participate in the program under subpara- 14 graphs (i) and (ii) of paragraph (d) of subdivision one of this section, 15 the number of participants to participate in each such components of the 16 program, the criteria for the competitive selection of the firms that 17 will provide small businesses with mentoring services, the assignment of 18 a mentor to a specific small business in the small business mentoring 19 program, and the funding for the program. 20 (b) Under the small business mentoring program, the chairperson or the 21 chairperson's designee is authorized, notwithstanding any other 22 provision of law: 23 (i) to designate which eligible public work contracts shall be small 24 business mentoring program contracts under subparagraphs (i) and (ii) of 25 paragraph (d) of subdivision one of this section, respectively; 26 (ii) to establish standards for qualifying small business mentoring 27 program participants to compete for a small business mentoring program 28 contract, provided that no less than three qualified small businesses in 29 the program submit responsive offers to perform the contract; 30 (iii) to determine when bids or proposals for a small business mentor- 31 ing program contract should be restricted to small business mentoring 32 program participants which, prior to the receipt of bids or proposals, 33 have been qualified by the authority for such competition; 34 (iv) to competitively select, designate and contract with one or more 35 experienced construction management firms that, under the general super- 36 vision of the authority, will provide mentoring services to the small 37 businesses participating in the small business mentoring program, and to 38 assign such mentors one or more designated small businesses participat- 39 ing in the program; 40 (v) for small business mentoring program contracts, except as set 41 forth herein, to waive requirements for the solicitation and award of a 42 public work contract pursuant to sections thirteen hundred forty-nine- 43 gggg and twenty-eight hundred seventy-nine of this chapter and any other 44 provision of law; 45 (vi) to assist only small business mentoring program participants that 46 have been awarded small business mentoring program contracts to obtain 47 any surety bond or contract of insurance required of them in connection 48 with such contract only notwithstanding any provision of section two 49 thousand five hundred four of the insurance law to the contrary; and 50 (vii) for small businesses that have been accepted into the small 51 business mentoring program under subparagraph (ii) of paragraph (d) of 52 subdivision one of this section, in addition to the benefits of such 53 program and notwithstanding any other provision of law, to provide tech- 54 nical assistance in obtaining bids, payment and performance bonding for 55 authority public work contracts that are not small business mentoring 56 program contracts, for which the small business is otherwise qualified.A. 2196 142 1 3. (a) If the total number of qualified small business mentoring 2 program participants that respond to a competition and are considered 3 capable of meeting the specifications and terms of the invitation to 4 compete is less than three, or if the chairperson or the chairperson's 5 designee determines that acceptance of the best offer will result in the 6 payment of an unreasonable price, the authority may reject all offers 7 and withdraw the designation of the contract as a small business mentor- 8 ing program contract. 9 (b) If the authority withdraws the designation of contract as a small 10 business mentoring program contract, the firms, if any, that made offers 11 shall be notified. Invitations to compete containing the same or rewrit- 12 ten specifications and terms shall then be re-issued as a small business 13 mentoring program contract for one or more additional contract period. 14 4. A mentor shall provide services and assistance to a small business 15 as designated by the authority, which may include the following: 16 (a) provide business training in the skills necessary to operate a 17 successful construction business and to compete for and perform a public 18 work contract; 19 (b) provide technical assistance to the small business to assess the 20 outcome if the small business competes for but is not awarded a 21 contract; 22 (c) if the small business mentoring program contract is awarded to the 23 small business, provide guidance, advice and technical assistance to the 24 small business in the performance of the contract; and 25 (d) provide other technical assistance to the small business to facil- 26 itate learning, training and other issues which may arise. 27 5. The authority may delegate to the chairperson or the chairperson's 28 designee the authority's responsibilities set forth herein. 29 6. The small business mentoring program contracts authorized by this 30 legislation shall, for the initial year of the program, be in an aggre- 31 gate amount of not less than ten million dollars, and shall not exceed 32 one hundred million dollars, with the maximum amount in future years to 33 be set by the chairperson. 34 § 1349-iiii. Special powers of the authority. In order to effectuate 35 the 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 wholly or partially within the metropolitan commuter transpor- 39 tation district, or any part thereof, or the use thereof, and may enter 40 into any joint service arrangements as hereinafter provided. Any such 41 acquisition or joint service arrangement shall be authorized only by 42 resolution of the authority approved by not less than a majority vote of 43 the whole number of members of the authority then in office, except that 44 in the event of a tie vote the chairperson shall cast one additional 45 vote. 46 2. The authority may on such terms and conditions as the authority may 47 determine necessary, convenient or desirable itself plan, design, 48 acquire, establish, construct, effectuate, operate, maintain, renovate, 49 improve, extend, rehabilitate or repair any transportation facility 50 other than a transit project, or may provide for such planning, design, 51 acquisition, establishment, construction, effectuation, operation, main- 52 tenance, renovation, improvement, extension, rehabilitation or repair by 53 contract, lease or other arrangement on such terms as the authority may 54 deem necessary, convenient or desirable with any person, including but 55 not limited to any common carrier or freight forwarder, the state, any 56 state agency, the federal government, any other state or agency orA. 2196 143 1 instrumentality thereof, any public authority of this or any other 2 state, the port of New York authority or any political subdivision or 3 municipality of the state. In connection with the operation of any 4 transportation facility, the authority may plan, design, acquire, estab- 5 lish, construct, effectuate, operate, maintain, renovate, improve, 6 extend or repair or may provide by contract, lease or other arrangement 7 for the planning, design, acquisition, establishment, construction, 8 effectuation, operation, maintenance, renovation, improvement, extension 9 or repair of any related services and activities it deems necessary, 10 convenient or desirable, including but not limited to the transportation 11 and storage of freight and the United States mail, feeder and connecting 12 transportation, parking areas, transportation centers, stations and 13 related facilities. 14 3. (a) Except as directed in paragraph (c) of this subdivision, the 15 authority may establish, levy and collect or cause to be established, 16 levied and collected and, in the case of a joint service arrangement, 17 join with others in the establishment, levy and collection of such 18 fares, tolls, rentals, rates, charges and other fees as it may deem 19 necessary, convenient or desirable for the use and operation of any 20 transportation facility and related services operated by the authority 21 or by a subsidiary corporation of the authority or under contract, lease 22 or other arrangement, including joint service arrangements, with the 23 authority. Any such fares, tolls, rentals, rates, charges or other fees 24 for the transportation of passengers shall be established and changed 25 only if approved by resolution of the authority adopted by not less than 26 a majority vote of the whole number of members of the authority then in 27 office, with the chairperson having one additional vote in the event of 28 a tie vote, and only after a public hearing, provided however, that 29 fares, tolls, rentals, rates, charges or other fees for the transporta- 30 tion of passengers on any transportation facility which are in effect at 31 the time that the then owner of such transportation facility becomes a 32 subsidiary corporation of the authority or at the time that operation of 33 such transportation facility is commenced by the authority or is 34 commenced under contract, lease or other arrangement, including joint 35 service arrangements, with the authority may be continued in effect 36 without such a hearing. Such fares, tolls, rentals, rates, charges and 37 other fees shall be established as may in the judgment of the authority 38 be necessary to maintain the combined operations of the authority and 39 its subsidiary corporations on a self-sustaining basis. The said oper- 40 ations shall be deemed to be on a self-sustaining basis as required by 41 this title, when the authority is able to pay or cause to be paid from 42 revenue and any other funds or property actually available to the 43 authority and its subsidiary corporations: (i) as the same shall become 44 due, the principal of and interest on the bonds and notes and other 45 obligations of the authority and its subsidiaries and the metropolitan 46 transportation authority, together with the maintenance of proper 47 reserves therefor; (ii) the cost and expense of keeping the properties 48 and assets of the authority and its subsidiary corporations in good 49 condition and repair; and (iii) the capital and operating expenses of 50 the authority and its subsidiary corporations. The authority may 51 contract with the holders of bonds and notes with respect to the exer- 52 cise of the powers authorized by this section. No acts or activities 53 taken or proposed to be taken by the authority or any subsidiary of the 54 authority pursuant to the provisions of this subdivision shall be deemed 55 to be "actions" for the purposes or within the meaning of article eight 56 of the environmental conservation law.A. 2196 144 1 (b) All fares, tolls, rentals, rates, charges, and other fees estab- 2 lished, levied, and collected or caused to be established, levied, and 3 collected, shall first be transferred to the metropolitan transportation 4 authority in order to maintain the metropolitan transportation authority 5 on a self-sustaining basis unless already pledged to secure, and neces- 6 sary to satisfy the debt service or reserve requirements of, bonds, 7 notes or other obligations of the authority prior to January first, two 8 thousand twenty-four. 9 (c) In the event that the monthly revenues of the metropolitan trans- 10 portation authority fall below one hundred twenty-five percent of the 11 amount necessary to maintain the operations of the metropolitan trans- 12 portation authority on a self-sustaining basis, as defined by section 13 twelve hundred sixty-six of this article, the authority shall, at the 14 direction of the metropolitan transportation authority, establish, levy 15 and collect or cause to be established, levied and collected, in the 16 case of a joint service arrangement, and join with others in the estab- 17 lishment, levy and collection of such fares, tolls, rentals, rates, 18 charges and other fees as the metropolitan transportation authority may 19 deem necessary, convenient or desirable for the use and operation of any 20 transportation facility and related services operated by the authority 21 or by a subsidiary corporation of the authority or under contract, lease 22 or other arrangement, including joint service arrangements, with the 23 authority, until such time that monthly revenues of the metropolitan 24 transportation authority has exceeded, for three consecutive months, two 25 hundred percent of the amount necessary to maintain the operations of 26 the metropolitan transportation authority on a self-sustaining basis. 27 4. The authority may establish and, in the case of joint service 28 arrangements, join with others in the establishment of such schedules 29 and standards of operations and such other rules and regulations includ- 30 ing but not limited to rules and regulations governing the conduct and 31 safety of the public as it may deem necessary, convenient or desirable 32 for the use and operation of any transportation facility and related 33 services operated by the authority or under contract, lease or other 34 arrangement, including joint service arrangements, with the authority. 35 Such rules and regulations governing the conduct and safety of the 36 public shall be filed with the department of state in the manner 37 provided by section one hundred two of the executive law. In the case of 38 any conflict between any such rule or regulation of the authority 39 governing the conduct or the safety of the public and any local law, 40 ordinance, rule or regulation, such rule or regulation of the authority 41 shall prevail. Violation of any such rule or regulation of the authority 42 governing the conduct or the safety of the public in or upon any facili- 43 ty of the authority shall constitute an offense and shall be punishable 44 by a fine not exceeding fifty dollars or imprisonment for not more than 45 thirty days or both or may be punishable by the imposition of a civil 46 penalty by the transit adjudication bureau established pursuant to the 47 provisions of title nine of this article. 48 5. (a) The authority may acquire, hold, own, lease, establish, 49 construct, effectuate, operate, maintain, renovate, improve, extend or 50 repair any transportation facilities through, and cause any one or more 51 of its powers, duties, functions or activities to be exercised or 52 performed by, one or more wholly owned subsidiary corporations of the 53 authority, and may transfer to or from any such corporations any moneys, 54 real property or other property for any of the purposes of this title 55 upon such terms and conditions as shall be agreed to and subject to such 56 payment or repayment obligations as are required by law or by any agree-A. 2196 145 1 ment to which any of the affected entities is subject. The directors or 2 members of each such subsidiary corporation of the authority corporation 3 shall be the same persons holding the offices of members of the authori- 4 ty. The chairperson of the board of each such subsidiary shall be the 5 chairperson of the authority, serving ex officio and, provided that 6 there is an executive director of the commuter transportation authority, 7 the executive director of such subsidiary shall be the executive direc- 8 tor of the commuter transportation authority, serving ex officio. 9 Notwithstanding any provision of law to the contrary, the chairperson 10 shall be the chief executive officer of each such subsidiary and shall 11 be responsible for the discharge of the executive and administrative 12 functions and powers of each such subsidiary. The chairperson and execu- 13 tive director, if any, shall be empowered to delegate his or her func- 14 tions and powers to one or more officers or employees of each such 15 subsidiary designated by him or her. Each such subsidiary corporation of 16 the authority and any of its property, functions and activities shall 17 have all of the privileges, immunities, tax exemptions and other 18 exemptions of the authority and of the authority's property, functions 19 and activities. Each such subsidiary corporation shall be subject to the 20 restrictions and limitations to which the authority may be subject. Each 21 such subsidiary corporation of the authority shall be subject to suit in 22 accordance with section thirteen hundred forty-nine-lllll of this title. 23 The employees of any such subsidiary corporation, except those who are 24 also employees of the authority, shall not be deemed employees of the 25 authority. 26 (b) If the authority shall determine that one or more of its subsid- 27 iary corporations should be in the form of a public benefit corporation, 28 it 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 (c) 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 6. Each of the authority and its subsidiaries, in its own name or in 49 the name of the state, may apply for and receive and accept grants of 50 property, money and services and other assistance offered or made avail- 51 able to it by any person, government or agency, which it may use to meet 52 capital or operating expenses and for any other use within the scope of 53 its powers, and to negotiate for the same upon such terms and conditions 54 as the respective authority may determine to be necessary, convenient or 55 desirable.A. 2196 146 1 7. The authority may lease railroad cars for use in its passenger 2 service pursuant to the provisions of chapter six hundred thirty-eight 3 of the laws of nineteen hundred fifty-nine. 4 8. (a) The authority may do all things it deems necessary, convenient 5 or desirable to manage, control and direct the maintenance and operation 6 of transportation facilities, equipment or real property operated by or 7 under contract, lease or other arrangement with the authority and its 8 subsidiaries. Except as hereinafter specially provided, no municipality 9 or political subdivision, including but not limited to a county, city, 10 village, town or school or other district shall have jurisdiction over 11 any facilities of the authority and its subsidiaries, or any of their 12 activities or operations. The local laws, resolutions, ordinances, rules 13 and regulations of a municipality or political subdivision, heretofore 14 or hereafter adopted, conflicting with this title or any rule or regu- 15 lation of the authority or its subsidiaries, shall not be applicable to 16 the activities or operations of the authority and its subsidiaries, or 17 the facilities of the authority and its subsidiaries, except such facil- 18 ities that are devoted to purposes other than transportation or transit 19 purposes. Each municipality or political subdivision, including but not 20 limited to a county, city, village, town or district in which any facil- 21 ities of the authority or its subsidiaries are located shall provide for 22 such facilities police, fire and health protection services of the same 23 character and to the same extent as those provided for residents of such 24 municipality or political subdivision. 25 (b) The jurisdiction, supervision, powers and duties of the department 26 of transportation of the state under the transportation law shall not 27 extend to the authority in the exercise of any of its powers under this 28 title. The authority may agree with such department for the execution by 29 such department of any grade crossing elimination project or any grade 30 crossing separation reconstruction project along any railroad facility 31 operated by the authority or by one of its subsidiary corporations or 32 under contract, lease or other arrangement with the authority. Any such 33 project shall be executed as provided in article ten of the transporta- 34 tion law and the railroad law, and the costs of any such project shall 35 be borne as provided in such laws, except that the authority's share of 36 such costs shall be borne by the state. 37 9. Upon approval by the commissioner of transportation of the state of 38 New York of detailed plans and specifications, which approval may be 39 based upon considerations of relative need and the timing of 40 construction, the authority is authorized to design, construct, main- 41 tain, operate, improve and reconstruct a highway bridge crossing Long 42 Island sound, as follows: 43 (a) Upon: (i) the enactment by the state of Connecticut of legislation 44 having like effect as the provisions of this paragraph and the granting 45 of the consent of the congress of the United States of America to the 46 interstate compact thereby created; and (ii) in conformity with recom- 47 mendations of the New York-Connecticut bi-state bridge study commission, 48 the authority is authorized, in cooperation with any duly designated 49 agency or agencies of the state of Connecticut, to design, construct, 50 maintain, operate, improve and reconstruct a highway bridge crossing 51 Long Island sound from a point in the vicinity of the city of Bridgeport 52 in the state of Connecticut to a point in the vicinity of the village of 53 Port Jefferson in the state of New York, together with approaches to 54 such bridge; and to contract from time to time with such agency or agen- 55 cies of the state of Connecticut with respect to all matters affecting 56 these authorizations, including, without limitation, the sharing of allA. 2196 147 1 capital, operational and maintenance expense, except that the capital 2 expense of the original construction of such bridge, other than the 3 expense of acquiring the needed real property, shall be in the ratio of 4 fifty per centum for the authority and fifty per centum for such agency 5 or agencies of the state of Connecticut, the manner and by whom the work 6 of design, construction, reconstruction, improvement, maintenance and 7 operation is to be performed or contracted to others for performance, 8 the tolls, fees and other charges to be imposed from time to time for 9 the use of such bridge, and the sharing of revenues derived from the 10 imposition of such tolls, fees and charges, except that net revenues 11 remaining after deduction of operational and maintenance expense of such 12 bridge shall be in the ratio of fifty per centum for the authority and 13 fifty per centum for the state of Connecticut or for such agency or 14 agencies of the state of Connecticut. Subject to the limitations imposed 15 upon the authority by the provisions of the said contracts, that portion 16 of the said bridge and its approaches situate and lying within the 17 territorial boundaries of the state of New York shall be deemed a 18 "transportation facility" of the authority for all the purposes of this 19 title, but tolls, fees and other charges imposed for the use of such 20 bridge shall not be deemed to have been imposed "for the transportation 21 of passengers" within the intendment of subdivision three of this 22 section. 23 (b) If funds are made available by the authority for the payment of 24 the cost and expense of the acquisition thereof, the commissioner of 25 transportation of the state of New York, when requested by the authori- 26 ty, may acquire in the name of the state such real property lying within 27 the territorial boundaries of the state as may be determined from time 28 to time by the authority to be necessary, convenient or desirable to 29 carry out the authorizations set forth in paragraph (a) of this subdivi- 30 sion and this paragraph, may remove the owner or occupant thereof where 31 necessary and obtain possession and, when requested by the authority, 32 may dispose of any real property so acquired, all according to the 33 procedures provided in section thirty of the highway law. The authority 34 shall have the right to possess and use for its corporate purposes all 35 such real property so acquired, all according to the procedures provided 36 in section thirty of the highway law. The authority shall have the right 37 to possess and use for its corporate purposes all such real property so 38 acquired. Claims for the value of the property appropriated and for 39 legal damages caused by any such appropriation shall be adjusted and 40 determined by the commissioner of transportation with the approval of 41 the authority or by the court of claims as provided in section thirty of 42 the highway law. When a claim has been filed with the court of claims, 43 the claimant shall cause a copy of such claim to be served upon the 44 authority and the authority shall have the right to be represented and 45 heard before such court. All awards and judgments arising from such 46 claims shall be paid out of moneys of the authority. 47 (c) The authority, acting independently or jointly or in cooperation 48 with such agency or agencies of the state of Connecticut, may also apply 49 for and accept, upon condition or otherwise, from the duly authorized 50 agencies of the federal government, and of the governments of the states 51 of Connecticut and New York, such underwater and overwater grants of 52 real property, licenses or permits as shall be necessary, convenient or 53 desirable to carry out the authorizations set forth in paragraphs (a) 54 and (b) of this subdivision. 55 (d) The provisions of chapter four hundred forty-two of the laws of 56 nineteen hundred sixty-five, and of any agreement entered into inA. 2196 148 1 pursuance thereof, relating to the repayment of a loan made by the state 2 to the authority for the purchase of the Long Island Rail Road shall be 3 inapplicable to: (i) the construction of such bridges and their 4 approaches; (ii) bonds, notes or other obligations of the authority 5 issued for or in connection with the financing of the cost of design, 6 construction and reconstruction of such bridges and their approaches, or 7 the proceeds realized upon such issuance; and (iii) revenues derived 8 from the investment of such proceeds or of any part thereof, and from 9 the imposition of tolls, fees or other charges for the use of such 10 bridges. 11 10. Notwithstanding the provisions of any other law, general, special 12 or local, or of any agreement entered into in pursuance thereof, relat- 13 ing to the repayment of any loan or advance made by the state to the 14 authority, the authority shall not be required to repay any such loan or 15 advance heretofore made from or by reason of the issuance of bonds or 16 notes or from the proceeds realized upon such issuance or from any other 17 funds received from any source whatever in aid or assistance of the 18 project or projects for the financing of which such bonds or notes are 19 issued. 20 11. No project to be constructed upon real property theretofore used 21 for a transportation purpose, or on an insubstantial addition to such 22 property contiguous thereto, which will not change in a material respect 23 the general character of such prior transportation use, nor any acts or 24 activities in connection with such project, shall be subject to the 25 provisions of article eight, nineteen, twenty-four or twenty-five of the 26 environmental conservation law, or to any local law or ordinance adopted 27 pursuant to any such article. Nor shall any acts or activities taken or 28 proposed to be taken by the authority or by any other person or entity, 29 public or private, in connection with the planning, design, acquisition, 30 improvement, construction, reconstruction or rehabilitation of a trans- 31 portation facility, other than a marine or aviation facility, be subject 32 to the provisions of article eight of the environmental conservation 33 law, or to any local law or ordinance adopted pursuant to any such arti- 34 cle if such acts or activities require the preparation of a statement 35 under or pursuant to any federal law or regulation as to the environ- 36 mental impact thereof. 37 12. The authority and each of its subsidiary corporations shall place 38 on each transformer and substation which contains polychlorinated biphe- 39 nyls (PCBs) a symbol so indicating the presence of PCBs. Use of a PCB 40 mark illustrated in the rules and regulations promulgated pursuant to 41 the federal Toxic Substances Control Act shall constitute compliance 42 with the provisions of this subdivision. 43 13. Notwithstanding any other provisions of law or the terms of any 44 contract, the authority, in consultation with the Long Island Rail Road, 45 shall establish and implement a no fare program for transportation on 46 the Long Island Rail Road for police officers employed by the city of 47 New York, county of Nassau, Nassau county villages and cities, county of 48 Suffolk, Suffolk county villages and towns, the division of state 49 police, the port authority of New York and New Jersey, the Metro-North 50 Commuter Railroad Company, the New York city housing authority and the 51 New York city transit authority. In establishing such program, which has 52 as its goal increased protection and improved safety for its commuters, 53 the authority and the Long Island Rail Road shall, among other things, 54 consider: (a) requiring police officers who ride without cost to regis- 55 ter with the Long Island Rail Road as a condition of riding without 56 cost; (b) requiring such officers to indicate during such registrationA. 2196 149 1 process their regular working hours and the Long Island Rail Road trains 2 that such officers expect to ride; and (c) periodically re-registering 3 and re-validating such officers. The authority and the Long Island Rail 4 Road shall also have the power to consider other matters necessary to 5 carry out the goals and objectives of this section. 6 14. (a) Notwithstanding any other provisions of law or the terms of 7 any contract, the authority, in consultation with the Long Island Rail 8 Road and the Metro-North Commuter Railroad Company, shall establish and 9 implement a no fare program for transportation on the Long Island Rail 10 Road and the Metro-North Commuter Railroad Company for individuals serv- 11 ing as personal care attendants accompanying an Americans with Disabili- 12 ties Act paratransit eligible individual. 13 (b) In order to be eligible for such no fare program the personal care 14 attendant shall show his or her community based personal care attendant 15 agency issued identification card. 16 (c) In order to be considered accompanying an Americans with Disabili- 17 ties Act paratransit eligible individual the personal care attendant 18 shall have the same origin and destination as such paratransit eligible 19 individual. 20 15. Notwithstanding any other provision of law, the authority and any 21 of its subsidiary corporations shall establish and implement a half fare 22 rate program for persons with serious mental illness who are eligible to 23 receive supplemental security income benefits as defined pursuant to 24 title sixteen of the federal social security act and section two hundred 25 nine of the social services law. 26 16. The authority shall conduct a campaign of public outreach to 27 inform the public of the provisions pertaining to assault on employees 28 described in subdivision eleven of section 120.05 of the penal law. 29 § 1349-jjjj. Medical emergency services. The authority is hereby 30 authorized and directed to prepare and develop a medical emergency 31 services program to be implemented at a time to be specified in such 32 program for the benefit of persons utilizing transportation and other 33 related services of the authority. Such program may include but not be 34 limited to provisions for the following: 35 1. the training of designated employees in first aid; 36 2. emergency techniques and procedures; 37 3. handling and positioning of stricken commuters; and 38 4. knowledge of procedures and equipment used for respiratory and 39 cardiac emergencies. 40 Such program shall be submitted to the legislature not later than one 41 hundred eighty days after the effective date of this section. 42 § 1349-kkkk. Medical emergency services plan; implementation on Long 43 Island Rail Road. 1. (a) The authority in consultation with the Long 44 Island Rail Road is hereby authorized and directed to implement a 45 comprehensive medical emergency services program, including an emergency 46 response protocol, not later than the first of September next succeeding 47 the effective date of this section, for the benefit of persons utilizing 48 transportation and other related services of the Long Island Rail Road. 49 Such program shall include but not be limited to provisions for the 50 following: 51 (i) the training of designated employees in first aid; 52 (ii) emergency techniques and procedures; 53 (iii) handling and positioning of stricken commuters; 54 (iv) knowledge of procedures and equipment used for respiratory and 55 cardiac emergencies and an emergency response protocol for all employ- 56 ees.A. 2196 150 1 (b) Such program and plan shall be submitted to the temporary presi- 2 dent of the senate, the speaker of the assembly and the governor on or 3 before the first of September next succeeding the effective date of this 4 section and shall be updated as necessary. The authority will issue an 5 annual report on or before April first of each year, which will include 6 current updates, descriptions of medical emergencies, responses and 7 outcomes since the most recent report, information regarding training of 8 personnel, analysis of the current plan and any recommendations for 9 improving the program. 10 2. Notwithstanding any inconsistent provision of any general, special 11 or local law, a designated employee employed upon facilities of the Long 12 Island Rail Road who has been trained in first aid, emergency techniques 13 and procedures, handling and positioning of stricken commuters, and the 14 applicable procedures and equipment used for respiratory and cardiac 15 emergencies who voluntarily and without the expectation of monetary 16 compensation renders any of the foregoing treatment in an emergency to a 17 commuter upon facilities of the Long Island Rail Road who is uncon- 18 scious, ill or injured shall not be liable for damages for injuries 19 alleged to have been sustained by such commuter or for damages for the 20 death of such commuter alleged to have occurred by reason of an act or 21 omission in the rendering of such treatment in an emergency unless it is 22 established that such injuries were or such death was caused by gross 23 negligence on the part of such designated employee. 24 § 1349-llll. Long Island Rail Road commuter council. 1. There is 25 hereby created the Long Island Rail Road commuter council, to study, 26 investigate, monitor and make recommendations with respect to the main- 27 tenance and operation of the Long Island Rail Road. Such council shall 28 study and investigate all aspects of the day to day operations of such 29 railroad, monitor its performance and recommend changes to improve the 30 efficiency of the operation thereof. 31 2. Such council shall consist of twelve members who shall be commuters 32 who regularly use the transportation services of such railroad, and who 33 shall be residents of Nassau, Suffolk, Queens or Brooklyn county. 34 Members shall be appointed by the governor upon the recommendation of 35 the county executive of each such county, provided, however, that such 36 members shall be chosen from a list of ten names submitted by each such 37 county executive and provided further however that no more than six 38 members of such council shall be residents of either such county. 39 Provided, however, that one member shall be appointed on the recommenda- 40 tion of the borough president of Queens and one member shall be 41 appointed on the recommendation of the borough president of Brooklyn. 42 Vacancies occurring in the membership of the council shall be filled in 43 the same manner as original appointments, provided, however, that such 44 vacancy shall be filled from a list of three names submitted by each 45 such county executive. 46 3. The members of the council shall receive no compensation for their 47 services but shall be reimbursed for their expenses actually and neces- 48 sarily incurred in the performance of their duties hereunder. 49 4. The council may request and shall receive from any department, 50 division, board, bureau, commission, agency, public authority of the 51 state or any political subdivision thereof such assistance and data as 52 will enable it properly to carry out its activities hereunder and effec- 53 tuate the purposes set forth herein. 54 § 1349-mmmm. Metro-North rail commuter council. 1. There is hereby 55 created the Metro-North rail commuter council to study, investigate, 56 monitor and make recommendations with respect to the maintenance andA. 2196 151 1 operation of those portions of, if any, the Hudson, Harlem, New Haven, 2 Pascack Valley and Port Jervis commuter railroad lines remaining within 3 the metropolitan commuter transportation district. Such council shall 4 study and investigate all aspects of the day to day operation of such 5 railroad lines, monitor their performance and recommend changes to 6 improve the efficiency of the operation thereof. 7 2. Such council shall consist of eleven members and shall be commuters 8 who regularly use the transportation services of such railroad lines. At 9 least five of such members shall be residents of the county of Westches- 10 ter. Of the other six members, at least one of such members shall be a 11 resident of each of the counties of Rockland, Putnam, Dutchess, Orange 12 and Bronx, provided that such county has not withdrawn from the metro- 13 politan commuter transportation district pursuant to section thirteen 14 hundred forty-nine-wwwww of this title; provided further, should only 15 the county of Putnam remain in the metropolitan commuter transportation 16 district then membership on such council shall consist of seven members, 17 five of whom reside in the county of Westchester and two of whom reside 18 in the county of Putnam. Members shall be appointed by the governor. In 19 making such appointments the governor shall consult with and solicit 20 recommendations from local officials and to the extent possible appoint 21 members who represent the ridership of the several commuter railroad 22 lines. Vacancies occurring in the membership of the council shall be 23 filled in the same manner as original appointments. 24 3. The members of the council shall receive no compensation for their 25 services but shall be reimbursed for their expenses actually and neces- 26 sarily incurred by them in the performance of their duties hereunder 27 from funds appropriated to the commissioner of transportation. 28 4. The council may request and shall receive from any department, 29 division, board, bureau, commission, agency, public authority of the 30 state or any political subdivision thereof such assistance and data as 31 it requests and will enable it to properly carry out its activities for 32 the purposes set forth herein. 33 § 1349-nnnn. Medical emergency services plan; implementation on 34 Metro-North Commuter Railroad Company. 1. The authority is hereby 35 authorized and directed to implement a medical emergency services 36 program for the benefit of persons utilizing transportation and other 37 related services of the Metro-North Commuter Railroad Company. Such 38 program shall include but not be limited to provisions for the follow- 39 ing: 40 (a) the training of conductors, trainmen and other designated employ- 41 ees in first aid; 42 (b) emergency techniques and procedures; 43 (c) handling and positioning of stricken commuters; and 44 (d) knowledge of procedures and equipment used for respiratory and 45 cardiac emergencies. 46 2. Notwithstanding any inconsistent provision of any general, special 47 or local law, a designated employee employed upon facilities of the 48 Metro-North Commuter Railroad Company who has successfully completed a 49 course in first aid, including instruction and training in cardiopulmo- 50 nary resuscitation and who voluntarily and without expectation of mone- 51 tary compensation renders first aid, emergency treatment or cardiopulmo- 52 nary resuscitation at the scene of an accident or other emergency, in 53 the course of his or her duties as an employee of the Metro-North Commu- 54 ter Railroad Company to a person who is unconscious, ill or injured, 55 shall not be liable for damages and injuries alleged to have been 56 sustained by such person or for damages for death of such person allegedA. 2196 152 1 to have occurred by reason of an act or omission in the rendering of 2 such first aid, emergency treatment or cardiopulmonary resuscitation 3 unless it is established that such injuries were or such death was 4 caused by gross negligence on the part of such designated employee. 5 § 1349-oooo. Excess loss fund. 1. Subject to the provisions of this 6 section, the authority is authorized to issue bonds and notes, in 7 accordance with section thirteen hundred forty-nine-xxxx of this title, 8 in such principal amounts not in excess of the seventy-five million 9 dollar limitation established in subdivision four of this section as, in 10 the opinion of the authority, shall be necessary to provide sufficient 11 funds to meet the capital and reserve requirements of a trust, pooling 12 arrangement or other entity established for the purpose of providing 13 reimbursement and funding to the authority and its subsidiaries for 14 excess or extraordinary losses for damages to real or personal property 15 or for the destruction thereof or for personal injuries or death and for 16 certain property damage losses which may be incurred or sustained by any 17 of them in connection with the use and operation of their respective 18 facilities and in the conduct of their respective activities, the trust, 19 pooling arrangement or other entity established in order to provide such 20 benefits to such participants being referred to in this section as the 21 "excess loss fund". Prior to the issuance of any bonds or notes, other 22 than refunding bonds or notes, authorized by this section, the authority 23 shall make a finding that such issue is expected to result, on a present 24 value basis, in a lower effective cost to the participating authorities 25 than funding the requirements of the excess loss fund solely through the 26 payment of premiums and assessments by such participating authorities. 27 2. In order to effectuate the purposes of the excess loss fund, the 28 authority shall, subject to the provisions of this section, have all the 29 powers provided elsewhere in this title and may: 30 (a) accept the notes, bonds and other contractual obligations of the 31 excess loss fund for funds provided to it by the authority; 32 (b) obtain security for the payment by the excess loss fund of its 33 notes, bonds and other contractual obligations issued to the authority, 34 including a pledge of all or any part of the assets and revenues of the 35 excess loss fund, including its receipts and rights to receive premiums, 36 assessments, reimbursements and other payments from the participants in 37 the excess loss fund, which pledge may contain covenants with respect to 38 the charging and fixing by actuarial estimates, where appropriate, of 39 premiums, assessments, reimbursements and other payments and the use and 40 disposition thereof; and 41 (c) enter into contracts with the excess loss fund and with the 42 participants therein, on such terms and conditions as the parties may 43 agree, with respect to the payment of premiums, assessments, reimburse- 44 ments and other payments to the excess loss fund and the nature and 45 extent of the benefits to be paid by the excess loss fund to such 46 participants. 47 3. The bonds and notes of the authority authorized by this section 48 shall not constitute general obligations of the authority, but shall be 49 special obligations of the authority payable as to principal, redemption 50 premium, if any, and interest solely from the security, sources of 51 payment and funds obtained from or on behalf of the excess loss fund, 52 all in the manner more particularly provided by the authority in the 53 resolution under which such bonds and notes shall be authorized to be 54 issued. 55 4. The aggregate principal amount of bonds and notes issued for the 56 purposes enumerated in subdivision one of this section shall not exceedA. 2196 153 1 seventy-five million dollars, excluding: (a) bonds and notes issued to 2 fund costs of issuance and any reasonably required debt service reserve 3 fund for such bonds or notes; (b) an amount equal to any original issue 4 discount from the principal amount of any bonds or notes issued; and (c) 5 bonds and notes issued to refund or otherwise repay bonds or notes ther- 6 etofore issued for such purposes, provided, however, that upon any such 7 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 paragraph (c) of this subdivision, 17 the present values of the aggregate debt service of the refunding or 18 repayment bonds or notes and of the aggregate debt service of the bonds 19 or notes so to be refunded or repaid, shall be calculated by utilizing 20 the effective interest rate of the refunding or repayment bonds or 21 notes, which shall be that rate arrived at by doubling the semi-annual 22 interest rate, compounded semi-annually, necessary to discount the debt 23 service payments on the refunding or repayment bonds or notes from the 24 payment dates thereof to the date of issue of the refunding or repayment 25 bonds or notes and to the price bid including estimated accrued interest 26 or proceeds received by the authority including estimated accrued inter- 27 est 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 or (b) in which any entity other than the authority and its subsidiaries 33 holds an equity interest. 34 § 1349-pppp. Authority police force. 1. The authority is hereby 35 authorized and empowered, to provide and maintain an authority police 36 department and a uniformed authority police force. Each member of such 37 uniformed police force shall be a "police officer" for the purposes of 38 the criminal procedure law, with all of the powers of such police offi- 39 cers thereunder and subject to the same jurisdictional provisions on the 40 exercise of that power as set forth in such law. The geographical area 41 of employment of such police officers for the purposes of the criminal 42 procedure law shall embrace the metropolitan commuter transportation 43 district as defined in section twelve hundred sixty-two of this article. 44 Such department and force shall have the power, in and about any or all 45 of the facilities owned, occupied and/or operated by the authority and 46 its subsidiary corporations, as determined in the discretion of the 47 authority, to enforce and prevent violation of all laws and ordinances. 48 Nothing herein shall confer upon the authority police force or upon 49 their collective negotiations representatives exclusive jurisdiction or 50 claim over the exercise of police power or security work on behalf of 51 the authority and its subsidiary corporations. Nothing herein shall 52 limit the authority and its subsidiary corporations from continuing to 53 rely on local police for police services. However, traditional police 54 functions previously performed by the Long Island Rail Road Company 55 and/or the Metro-North Commuter Railroad Company police force shall 56 continue to be performed by the authority police forces.A. 2196 154 1 2. Initial appointments to such authority police force shall be all 2 incumbent police officers from the Long Island Rail Road Company and/or 3 the Metro-North Commuter Railroad Company at the time of such appoint- 4 ment. The executive director of the authority, through the chief of 5 police, shall have the power and authority to appoint and employ such 6 number of police officers as he or she deems necessary to act as police 7 officers of the authority and to administer to the officers an oath or 8 affirmation faithfully to perform the duties of their respective posi- 9 tions or offices. Unless, at the time of appointment, the person is a 10 police officer of the Long Island Rail Road Company or the Metro-North 11 Commuter Railroad Company, only persons who have never been convicted of 12 a felony and are citizens of the United States shall be appointed police 13 officers on the authority police force. After the initial appointments 14 are made, selection of police officer candidates shall be made pursuant 15 to an examination process to be determined at the discretion of the 16 authority and candidates shall receive a certificate attesting to satis- 17 factory completion of an approved municipal police basic training 18 program, as described in section two hundred nine-q of the general 19 municipal law. No person shall be eligible for appointment unless such 20 person is not less than twenty years of age as of the date of appoint- 21 ment nor more than thirty-five years of age as of the date when the 22 applicant takes the written examination, provided, however, that time 23 spent on military duty or on terminal leave, not exceeding a total of 24 six years, shall be subtracted from the age of any applicant who has 25 passed his or her thirty-fifth birthday as provided in subdivision ten-a 26 of section two hundred forty-three of the military law. Upon appoint- 27 ments made by transferring an entire group of police officers into the 28 authority police force, thereby eliminating such other group of police 29 officers, the authority shall recognize any representative previously 30 chosen by the police officers for the purposes of collective negoti- 31 ations consistent with the bargaining units already established and 32 shall also assume and continue to observe any existing labor contracts 33 covering these police officers including such provisions which relate to 34 the grievance and disciplinary procedures and interest arbitration. 35 Subsequent to the establishment of the consolidated police force the 36 authority and the collective bargaining representatives shall be author- 37 ized to negotiate a merger of the separate bargaining units. 38 3. The authority may appoint a chief and one or more deputy chiefs of 39 the authority police department who, in the discretion of the authority, 40 may be selected from the ranks of the authority police force, and assign 41 powers and duties to them and fix their compensation. The chief shall be 42 the head of such department. The deputy chief designated by the chief 43 shall possess all the powers and perform all the duties of the chief 44 during his or her absence or disability. The authority police force 45 shall consist of such divisions, supervisors and officers, including but 46 not limited to police officers, detectives, sergeants, lieutenants and 47 captains as designated by the authority. Notwithstanding any law or 48 provision to the contrary, the members of the uniformed authority police 49 force shall not acquire civil service status or become members of the 50 New York state and local employees' retirement system, except as set 51 forth in this section. 52 4. The authority shall provide for a twenty year retirement plan under 53 the same terms and conditions as provided by section three hundred 54 eighty-nine of the retirement and social security law as enacted by 55 chapter six hundred twenty-eight of the laws of nineteen hundred nine- 56 ty-one; except that:A. 2196 155 1 (a) any benefit provided pursuant to such plan shall be subject to an 2 offset, as defined in this paragraph, for any tier II benefit payable 3 pursuant to the federal Railroad Retirement Act to or in the respect of 4 a member. The offset provided for by this paragraph shall be the amount 5 of the tier II benefit which would be payable to or in respect to such 6 member pursuant to the federal Railroad Retirement Act multiplied by a 7 fraction, the numerator of which is the member's years of credited 8 service covered by the federal Railroad Retirement Act rendered to, or 9 credited by, the authority or any subsidiary corporation of the authori- 10 ty, and the denominator of which is the member's total years of service 11 covered by the federal Railroad Retirement Act; 12 (b) references to the Long Island Rail Road shall be to the authority; 13 (c) the transfer of funds described in subdivision f of section three 14 hundred eighty-nine of the retirement and social security law as enacted 15 by chapter six hundred twenty-eight of the laws of nineteen hundred 16 ninety-one shall include the Metro-North Commuter Railroad Company 17 Defined Contribution Pension Plan for Agreement Employees; 18 (d) the provisions of subdivision g of section three hundred eighty- 19 nine of the retirement and social security law as enacted by chapter six 20 hundred twenty-eight of the laws of nineteen hundred ninety-one to the 21 extent of requiring contributions for past service liability shall not 22 be applicable; and 23 (e) when a police officer transferred from the Long Island Rail Road 24 Company police force to the authority police force reaches age sixty-two 25 the authority will offset the amount payable under this plan by the 26 amount of tier II benefit payable from the Railroad Retirement Board for 27 a service age annuity or disability payable at the participants age 28 sixty-two. 29 5. The authority may, in its sole discretion, establish within the 30 authority's defined benefit program, a retirement program consistent 31 with the foregoing. If the authority has not so established such program 32 in its defined benefit program within one hundred eighty days after 33 enactment, then the authority shall elect to participate in article 34 fourteen-B of the retirement and social security law. 35 6. If the authority elects to participate in the New York state and 36 local employees' retirement system, such election to participate shall 37 be made by resolution filed with the comptroller and accepted by him or 38 her pursuant to section thirty-one of the retirement and social security 39 law. 40 7. Nothing herein contained shall be deemed to diminish, suspend or 41 abolish an existing benefit inured to a police officer, transferred from 42 the Long Island Rail Road Company and/or Metro-North Commuter Railroad 43 Company police force and subject to the provisions of this section in 44 and to the rights, privileges or status previously earned within a 45 pension or retirement system of which they were a member immediately 46 prior to the enactment of this section; and any such existing right, 47 privilege or status shall survive the effect of any decisions or deter- 48 minations lawfully made in accordance with the provisions hereof so long 49 as such right, privilege or status is greater in benefit to that which 50 would be imposed or imputed to any subject officer as a result of 51 actions of the authority authorized herein. 52 § 1349-qqqq. The permanent citizens advisory committee. There is 53 hereby established a permanent citizens advisory committee. The members 54 of the committee shall consist of the following members: the Long Island 55 Rail Road commuter council and the Metro-North commuter council.A. 2196 156 1 § 1349-rrrr. Commuter transportation authority pledge to customers. 1. 2 A commuter transportation authority pledge to customers shall be created 3 and adopted by the commuter transportation authority. A copy of such 4 pledge shall be posted on the website of the authority and shall be 5 posted in stations where the authority makes regular postings. The 6 authority shall post the pledge in the language or languages it deems 7 necessary and appropriate. 8 2. The commuter transportation authority pledge to customers shall be 9 in the form and manner as prescribed by the authority, include the 10 contact information of the authority, and include, but not be limited 11 to, the following: 12 (a) a description of the authority's commitment to provide safe and 13 reliable services; 14 (b) a description of the authority's commitment to provide timely and 15 accurate information on its services; 16 (c) a commitment that employees will provide service in a courteous 17 manner; 18 (d) a description of the authority's commitment to maintain clean 19 stations, facilities, and buses; 20 (e) a description of the authority's policies when it comes to arrang- 21 ing alternative transportation when service is interrupted; 22 (f) when service is interrupted, a description of the authority's 23 policies when it comes to considering the comfort of inconvenienced 24 customers; 25 (g) when service is interrupted due to weather conditions, a 26 description of the authority's policies on notifying customers; 27 (h) when service is severely interrupted, a description of the author- 28 ity's policies on service restoration. 29 3. The authority from time to time may, update and amend the commuter 30 transportation authority pledge to customers as it deems necessary and 31 proper and may adopt rules and regulations for the proper administration 32 of this section. 33 § 1349-ssss. Expired fare transfer policy. Notwithstanding any other 34 provision of law to the contrary, the authority shall, within ninety 35 days of the effective date of this section, establish an expired fare 36 transfer policy that may be amended from time to time. Such policy shall 37 provide any person who purchases a fare the ability to transfer any 38 remaining balance for two years after such fare is deemed expired. 39 § 1349-tttt. Acquisition and disposition of real property. 1. In 40 addition to the powers provided in section thirteen hundred forty-nine- 41 iiii of this title to acquire transportation facilities, equipment and 42 real property, the authority may acquire, by condemnation pursuant to 43 the condemnation law, any real property it may deem necessary, conven- 44 ient or desirable to effectuate the purposes of this title, provided 45 however, that any such condemnation proceedings shall be brought only in 46 the supreme court and the compensation to be paid shall be ascertained 47 and determined by the court without a jury. Notwithstanding the forego- 48 ing provisions of this subdivision, no real property may be acquired by 49 the authority by condemnation for purposes other than a transportation 50 facility unless the governing body of the city, village or town in which 51 such real property is located shall first consent to such condemnation. 52 2. Nothing herein contained shall be construed to prevent the authori- 53 ty from bringing any proceedings to remove a cloud on title or such 54 other proceedings as it may, in its discretion, deem proper and neces- 55 sary or from acquiring any such property by negotiation or purchase.A. 2196 157 1 3. Where a person entitled to an award in the proceedings to condemn 2 any real property for any of the purposes of this title remains in 3 possession of such property after the time of the vesting of title in 4 the condemnor, the reasonable value of his or her use and occupancy of 5 such property subsequent to such time as fixed by agreement or by the 6 court in such proceedings or by any court of competent jurisdiction 7 shall be a lien against such award subject only to the liens of record 8 at the time of vesting of title in the condemnor. 9 4. Subject to the provisions of section thirteen hundred forty-nine- 10 iiii of this title, title to all property acquired under this title 11 shall vest in the authority or one of its subsidiary corporations as the 12 authority directs. 13 5. The authority may, whenever it determines that it is in the inter- 14 est of the authority, dispose of any real property or property other 15 than real property, which it determines is not necessary, convenient or 16 desirable for its purposes. 17 6. The authority may, whenever it shall determine that it is in the 18 interest of the authority, rent, lease, or grant easements or other 19 rights in, any land or property of the authority. 20 § 1349-uuuu. Acquisition and disposition of real property by depart- 21 ment of transportation. If funds are made available by the authority for 22 the payment of the cost and expense of the acquisition thereof, the 23 commissioner of transportation of the state of New York, when requested 24 by the authority, may acquire such real property in the name of the 25 state as may be determined from time to time by the authority as being 26 necessary, convenient or desirable to effectuate the purposes of this 27 title, may remove the owner or occupant thereof where necessary and 28 obtain possession and, when requested by the authority, may dispose of 29 any real property so acquired, all according to the procedures provided 30 in section thirty of the highway law. The authority shall have the right 31 to possess and use for its corporate purposes all such real property so 32 acquired. Claims for the value of the property appropriated and for 33 legal damages caused by any such appropriation shall be adjusted and 34 determined by such commissioner with the approval of the authority or by 35 the court of claims as provided in section thirty of the highway law. 36 When a claim has been filed with the court of claims, the claimant shall 37 cause a copy of such claim to be served upon the authority and the 38 authority shall have the right to be represented and heard before such 39 court. All awards and judgments arising from such claims shall be paid 40 out of moneys of the authority. No real property may be acquired pursu- 41 ant to the provisions of this section for purposes other than a trans- 42 portation facility unless the governing body of the city, village or 43 town in which such real property is located shall first consent to such 44 acquisition. The provisions of this section shall not be applicable to 45 the acquisition or disposition of real property required for the 46 construction of the two highway bridges crossing Long Island sound 47 referred to in section thirteen hundred forty-nine-iiii of this title. 48 The authority shall be empowered to lease for such other purposes as the 49 authority may determine any part or parts of Republic airport not needed 50 for transportation purposes. 51 § 1349-vvvv. Cooperation and assistance of other agencies. 1. To 52 avoid duplication of effort and in the interests of economy, the author- 53 ity may make use of existing studies, surveys, plans, data and other 54 materials in the possession of any state agency or any municipality or 55 political subdivision of the state. Each such agency, municipality or 56 subdivision is hereby authorized to make the same available to theA. 2196 158 1 authority and otherwise to assist it in the performance of its func- 2 tions. At the request of the authority, each such agency, municipality 3 or subdivision which is engaged in highway or other transportation 4 activities or in land use or development planning, or which is charged 5 with the duty of providing or regulating any transportation facility or 6 any other public facility, is further authorized to provide the authori- 7 ty with information regarding its plans and programs affecting the 8 transportation district so that the authority may have available to it 9 current information with respect thereto. The officers and personnel of 10 such agencies, municipalities or subdivisions, and of any other govern- 11 ment or agency whatever, may serve at the request of the authority upon 12 such advisory committees as the authority shall determine to create and 13 such officers and personnel may serve upon such committees without 14 forfeiture of office or employment and with no loss or diminution in the 15 compensation, status, rights and privileges which they otherwise enjoy. 16 2. The authority shall, at the request of any state agency, munici- 17 pality or political subdivision of the state, engaged in highway or 18 other transportation activities or in land use or development planning, 19 provide said state agency, municipality or political subdivision with 20 all current and relevant information regarding its plans or programs, so 21 as to enable said agency, municipality or subdivision to properly effec- 22 tuate said activities or planning. 23 3. To the extent that the provisions of this title authorize the 24 authority to enter into any agreement or arrangement with, or undertake 25 any other activity requiring the participation of, the big apple transit 26 authority, the New York city transit authority or any of their subsid- 27 iary corporations in furtherance of their respective purposes and powers 28 or the Triborough bridge and tunnel authority in furtherance of its 29 purposes and powers, such entities are hereby authorized and empowered 30 to enter into and perform such contract or other arrangement and to 31 undertake such activities. 32 § 1349-wwww. Promotion of qualified transportation fringes. The 33 authority shall promote the broad use of qualified transportation fring- 34 es, under section 132(f) of the internal revenue code, in order to 35 increase the number of participating companies and employees in such 36 programs. The authority may also study and report on ways in which 37 programs may be improved so as to increase public participation. 38 § 1349-xxxx. Notes, bonds and other obligations of the authority. 1. 39 (a) The authority shall have power and is hereby authorized from time to 40 time to issue its bonds, notes and other obligations in such principal 41 amount as, in the opinion of the authority, shall be necessary, conven- 42 ient or desirable to effectuate any of its powers and purposes, includ- 43 ing to provide sufficient funds for achieving its purposes, including 44 the acquisition, establishment, construction, effectuation, operation, 45 maintenance, renovation, improvement, extension, rehabilitation or 46 repair of any transportation facility, the payment of principal, redemp- 47 tion premium and interest on bonds, notes and other obligations of the 48 authority, establishment of reserves to secure such bonds, notes and 49 other obligations, the provision of working capital and all other 50 expenditures of the authority and its subsidiary corporations incident 51 to and necessary or convenient to carry out their purposes and powers. 52 Such bonds, notes or other obligations may be issued for an individual 53 transportation facility or issued on a consolidated basis for such 54 groups or classes of facilities and projects as the authority in its 55 discretion deems appropriate and be payable from and secured separately 56 or on a consolidated basis by, among other things, all or any portion ofA. 2196 159 1 such revenues and other monies and assets of the authority and its 2 subsidiary corporations as the authority determines in accordance with 3 the provisions of section thirteen hundred forty-nine-ddddd of this 4 title; 5 (b) The authority shall have power, from time to time, to issue 6 renewal notes, to issue bonds to refund, redeem or otherwise pay, 7 including by purchase or tender, notes of the authority and its subsid- 8 iary corporations and whenever it deems refunding, redemption or payment 9 expedient, to refund, redeem or otherwise pay, including by purchase or 10 tender, any bonds of the authority and its subsidiary corporations, by 11 the issuance of new bonds, whether the bonds to be refunded, redeemed or 12 otherwise paid have or have not matured, and to issue bonds partly for 13 such purpose and partly for any other purpose and to otherwise refund, 14 redeem, acquire by purchase or tender, or in any other way repay any 15 outstanding notes, bonds or other obligations of the authority, and any 16 of its subsidiary corporations; 17 (c) Every issue of its notes, bonds or other obligations shall be 18 general obligations or special obligations. Every issue of general obli- 19 gations of the authority shall be payable out of any revenues or monies 20 of the authority, subject only to any agreements with the holders of 21 particular notes or bonds pledging any particular receipts or revenues. 22 Every issue of special obligations shall be payable out of any revenues, 23 receipts, monies or other assets of the authority and its subsidiary 24 corporations, identified for such purposes in accordance with agreements 25 with the holders of particular notes, bonds or other obligations. The 26 authority may issue transportation revenue special obligation bonds, 27 notes or other obligations as provided in section thirteen hundred 28 forty-nine-eeeee of this title; 29 2. The authority may from time to time issue its bonds and notes in 30 such principal amounts as, in the opinion of the authority, shall be 31 necessary to finance the unfunded pension fund liabilities of the 32 authority, its affiliates and subsidiaries, provided, however, that in 33 no event shall the cumulative amounts of bonds and notes issued pursuant 34 to the authority of this subdivision exceed one billion two hundred 35 million dollars or sixty percent of such unfunded pension fund liabil- 36 ities, whichever is less, and provided, further, that no bonds shall be 37 issued under this subdivision for a term longer than twenty years. The 38 authority shall not issue bonds or notes in any twelve-month period in a 39 cumulative principal amount in excess of forty percent of the total 40 amount permitted to be issued under this subdivision. Prior to the issu- 41 ance of any bonds or notes, the authority shall make a finding that such 42 issue is expected to result, on a present value basis, in a lower effec- 43 tive cost to the authority than funding the unfunded pension fund 44 liability solely through the payment of annual amounts to the pension 45 fund, assuming that the principal component of the unfunded liability 46 will be amortized over the same number of years as the term of the bonds 47 or notes and that the interest payable thereon is the actuarial rate of 48 interest determined by the actuary for the pension fund at the time of 49 the issuance of such bonds or notes. The aggregate principal amount of 50 bonds and notes issued for such purposes may be increased to fund costs 51 of issuance and may reasonably require debt service of other reserve 52 funds. Bonds and notes may be issued to refund or otherwise repay bonds 53 or notes theretofore issued for such purposes; provided, however, that 54 upon any such refunding or repayment, including for the purpose of such 55 calculation the principal amount of the refunding bonds or notes then to 56 be issued and excluding the principal amount of the bonds or notes so toA. 2196 160 1 be refunded or repaid and also excluding any amounts used to pay costs 2 of issuance and reasonably required debt service or other reserve funds, 3 the present value of the aggregate debt service of the refunding or 4 repayment bonds or notes to be issued shall not exceed the present value 5 of the aggregate debt service of the bonds or notes so to be refunded or 6 repaid. For purposes of the preceding sentence, the present values of 7 the aggregate debt service of the refunding or repayment bonds or notes 8 and of the aggregate debt service of the bonds or notes so to be 9 refunded or repaid shall be calculated by utilizing the effective inter- 10 est rate of the refunding or repayment bonds or notes, which shall be 11 that rate arrived at by doubling the semi-annual interest rate, 12 compounded semi-annually, necessary to discount the debt service 13 payments on the refunding or repayment bonds or notes from the payment 14 dates thereof to the date of issue of the refunding or repayment bonds 15 or notes and to the price bid including estimated accrued interest or 16 proceeds received by the authority including estimated accrued interest 17 from the sale thereof. Debt service on the bonds or notes shall be 18 structured so that the economic benefits thereof shall be relatively 19 uniform for each full year throughout the term of the bonds or notes. 20 Beginning with the date of first issuance of bonds under this section, 21 the authority and its subsidiaries shall make annual payments into the 22 pension fund in amounts at least equal to the current pension contrib- 23 ution liability applicable to such year. The net proceeds of the bonds 24 or notes intended to be invested in non-debt securities may be invested 25 by the recipient pension fund in a fiscally prudent manner in securities 26 consistent with any trust indentures and all applicable state and feder- 27 al law over a reasonable period of time not less than thirty days 28 following the issuance of the bonds or notes. The operating budget 29 savings associated with the issuance of pension obligation bonds pursu- 30 ant to this subdivision shall be dedicated to reducing service elimi- 31 nations projected to occur within that period. 32 3. The notes, bonds and other obligations shall be authorized by 33 resolution approved by not less than a majority vote of the whole number 34 of members of the authority then in office, except that in the event of 35 a tie vote the chairperson shall cast one additional vote. Such notes, 36 bonds and other obligations shall bear such date or dates, and shall 37 mature at such time or times, in the case of any such note or any 38 renewals thereof not exceeding five years from the date of issue of such 39 original note, and in the case of any such bond not exceeding fifty 40 years from the date of issue, as such resolution or resolutions may 41 provide. The notes, bonds and other obligations shall bear interest at 42 such rate or rates, be in such denominations, be in such form, either 43 coupon or registered, carry such registration privileges, be executed in 44 such manner, be payable in such medium of payment, at such place or 45 places and be subject to such terms of redemption as such resolution or 46 resolutions may provide. The notes, bonds and other obligations of the 47 authority may be sold by the authority, at public or private sale, at 48 such price or prices as the authority shall determine. No notes or bonds 49 of the authority may be sold by the authority at private sale, however, 50 unless such sale and the terms thereof have been approved in writing by 51 (a) the comptroller, where such sale is not to the comptroller, or (b) 52 the director of the budget, where such sale is to the comptroller. 53 4. Any resolution or resolutions authorizing any notes, bonds or any 54 issue thereof, or any other obligations of the authority, may contain 55 provisions, which shall be a part of the contract with the holders ther- 56 eof, as to:A. 2196 161 1 (a) pledging all or any part of the revenues of the authority or of 2 any of its subsidiary corporations to secure the payment of the notes or 3 bonds or of any issue thereof, or any other obligations of the authori- 4 ty, subject to such applicable agreements with bondholders, noteholders, 5 or holders of other obligations of the authority and the metropolitan 6 transportation authority, as may then exist; 7 (b) pledging all or any part of the assets of the authority or of any 8 of its subsidiary corporations to secure the payment of the notes or 9 bonds or of any issue of notes or bonds, or any other obligations of the 10 authority, subject to such agreements with noteholders, bondholders, or 11 holders of other obligations of the authority as may then exist; 12 (c) the use and disposition of revenues, including fares, tolls, 13 rentals, rates, charges and other fees, made or received by the authori- 14 ty, or any of its subsidiary corporations; 15 (d) the setting aside of reserves or sinking funds and the regulation 16 and disposition thereof; 17 (e) limitations on the purpose to which the proceeds of sale of notes, 18 bonds or other obligations of the authority may be applied and pledging 19 such proceeds to secure the payment of the notes or bonds or of any 20 issue thereof or of other obligations; 21 (f) limitations on the issuance of additional notes, bonds or other 22 obligations of the authority; the terms upon which additional notes, 23 bonds or other obligations of the authority may be issued and secured; 24 the refunding of outstanding or other notes, bonds or other obligations 25 of the authority; 26 (g) the procedure, if any, by which the terms of any contract with 27 noteholders, bondholders, or holders of other obligations of the author- 28 ity, may be amended or abrogated, the amount of notes, bonds or other 29 obligations of the authority the holders of which shall consent thereto, 30 and the manner in which such consent may be given; 31 (h) limitations on the amount of monies to be expended by the authori- 32 ty or any of its subsidiary corporations for operating, administrative 33 or other expenses of the authority or any of its subsidiary corpo- 34 rations; 35 (i) vesting in a trustee or trustees such property, rights, powers and 36 duties in trust as the authority may determine, which may include any or 37 all of the rights, powers and duties of the trustee appointed by the 38 bondholders, noteholders or holders of other obligations of the authori- 39 ty pursuant to this title, and limiting or abrogating the right of the 40 bondholders, noteholders or holders of other obligations of the authori- 41 ty to appoint a trustee under this article or limiting the rights, 42 powers and duties of such trustee; 43 (j) any other matters, of like or different character, which in any 44 way affect the security or protection of the notes, bonds or other obli- 45 gations of the authority. 46 5. In addition to the powers herein conferred upon the authority to 47 secure its notes, bonds and other obligations, the authority shall have 48 power in connection with the issuance of notes, bonds and other obli- 49 gations to enter into such agreements as the authority may deem neces- 50 sary, convenient or desirable concerning the use or disposition of the 51 monies or property of any of the authority, its subsidiary corporations, 52 including the mortgaging of any such property and the entrusting, pledg- 53 ing or creation of any other security interest in any such monies or 54 property and the doing of any act, including refraining from doing any 55 act, which the authority would have the right to do in the absence of 56 such agreements. The authority shall have power to enter into amendmentsA. 2196 162 1 of any such agreements within the powers granted to the authority by 2 this title and to perform such agreements. The provisions of any such 3 agreements may be made a part of the contract with the holders of the 4 notes, bonds and other obligations of the authority. 5 6. It is the intention hereof that any pledge, mortgage or security 6 instrument made by the authority shall be valid and binding from the 7 time when the pledge, mortgage or security instrument is made; that the 8 monies or property so pledged, mortgaged and entrusted and thereafter 9 received by the authority, or any of its subsidiary corporations shall 10 immediately be subject to the lien of such pledge, mortgage or security 11 instrument without any physical delivery thereof or further act; and 12 that the lien of any such pledge, mortgage or security instrument shall 13 be valid and binding as against all parties having claims of any kind in 14 tort, contract or otherwise against the authority, or any of its subsid- 15 iary corporations, irrespective of whether such parties have notice 16 thereof. Neither the resolution nor any mortgage, security instrument 17 or other instrument by which a pledge, mortgage lien or other security 18 is created need be recorded or filed and neither the authority nor, any 19 of its subsidiary corporations shall be required to comply with any of 20 the provisions of the uniform commercial code. 21 7. Neither the members of the authority nor any person executing the 22 notes, bonds or other obligations shall be liable personally on the 23 notes, bonds or other obligations or be subject to any personal liabil- 24 ity or accountability by reason of the issuance thereof. 25 8. The authority, subject to such agreements with the holders of 26 notes, bonds or other obligations as may then exist, shall have power 27 out of any funds available therefor to purchase notes, bonds or other 28 obligations of the authority. The authority may hold, cancel or sell 29 such bonds, notes and other obligations, subject to and in accordance 30 with agreements with such holders. 31 9. Neither the state nor the city of New York shall be liable on 32 notes, bonds or other obligations of the authority and such notes, bonds 33 and other obligations shall not be a debt of the state or the city of 34 New York, and such notes, bonds and other obligations shall contain on 35 the face thereof, or in an equally prominent place, a statement to such 36 effect. 37 10. So long as the authority has any outstanding bonds, notes or other 38 obligations issued pursuant to this section, none of the authority or 39 any of its subsidiary corporations shall have the authority to file a 40 voluntary petition under chapter nine of the federal bankruptcy code or 41 such corresponding chapter, chapters or sections as may, from time to 42 time, be in effect, and neither any public officer nor any organization, 43 entity or other person shall authorize the authority or any of its 44 subsidiary corporations to be or become a debtor under chapter nine or 45 said corresponding chapter, chapters or sections during any such period. 46 11. The term "monies" as used in this section shall include, but not 47 be limited to, all operating subsidies provided by: (i) any public bene- 48 fit corporation; or (ii) any governmental entity, federal, state or 49 local and shall exclude all funds required to be transferred to the 50 metropolitan transportation authority pursuant to section thirteen 51 hundred forty-nine-iiii of this title. 52 12. Any resolution or agreement authorizing the issuance of bonds, 53 notes or other obligations pursuant to this section may, in addition, 54 authorize and provide for the issuance of lease obligations of the 55 authority which may be issued for the purposes and on the terms and 56 conditions under which the bonds, notes and other obligations authorizedA. 2196 163 1 under this section may be issued, and may be secured in the same manner 2 as such bonds, notes and other obligations, and which resolution with 3 respect to such lease obligations, may contain such other provisions 4 applicable to bonds, notes and other obligations not inconsistent with 5 the provisions of this section, as the authority may determine. 6 13. The aggregate principal amount of bonds, notes or other obli- 7 gations issued after the effective date of this title by the authority 8 to fund projects contained in capital program plans approved pursuant to 9 section thirteen hundred forty-nine-yyyy of this title for the new capi- 10 tal program period shall not exceed the new capital program debt limit. 11 Such aggregate principal amount of bonds, notes or other obligations or 12 the expenditure thereof shall not be subject to any limitation contained 13 in any other provision of law on the principal amount of bonds, notes or 14 other obligations or the expenditure thereof applicable to the authori- 15 ty. The aggregate limitation established by this subdivision shall not 16 include: 17 (a) obligations issued to refund, redeem or otherwise repay, including 18 by purchase or tender, obligations theretofore issued either by the 19 issuer of such refunding obligations or by the authority; 20 (b) obligations issued to fund any debt service or other reserve funds 21 for such obligations; 22 (c) obligations issued or incurred to fund the costs of issuance, the 23 payment of amounts required under bond and note facilities, federal or 24 other governmental loans, security or credit arrangements or other 25 agreements related thereto and the payment of other financing, original 26 issue premiums and related costs associated with such obligations; 27 (d) an amount equal to any original issue discount from the principal 28 amount of such obligations or to fund capitalized interest; 29 (e) obligations incurred in connection with the leasing, selling or 30 transferring of equipment; and 31 (f) bond anticipation notes or other obligations payable solely from 32 the proceeds of other bonds, notes or other obligations which would be 33 included in the aggregate principal amount specified in the opening 34 paragraph of this subdivision, whether or not additionally secured by 35 revenues of the authority, or any of its subsidiary corporations. 36 § 1349-yyyy. Capital program plans; approvals; effect of disapproval. 37 1. (a) On or before the first of October next succeeding the effective 38 date of this section and every fifth year thereafter, the authority 39 shall submit to the governor a capital program plan for the ten-year 40 period commencing January first of the following year. 41 (b) Each such plan shall contain the capital program for the railroad 42 facilities, not including the Staten Island rapid transit operating 43 authority, under the jurisdiction of the authority. 44 (c) The plan shall set system-wide goals and objectives for capital 45 spending, establish standards for service and operations, and describe 46 each capital element proposed to be initiated in each of the years 47 covered by the plan and explain how each proposed element supports the 48 achievement of the service and operational standards established in the 49 plan. The plan shall also set forth an estimate of the amount of capital 50 funding required each year and the expected sources of such funding. 51 Each plan subsequent to the first such plan and each proposed amendment 52 or modification thereof shall also describe the current status of each 53 capital element included in the previously approved plan, if any. The 54 plan shall be accompanied or supplemented by such supporting materials 55 as the governor shall require.A. 2196 164 1 (d) A capital element shall mean either a category of expenditure 2 itemized in a plan, as hereinafter provided, for which a specified maxi- 3 mum dollar amount is proposed to be expended, or a particularly 4 described capital project within one or more categories for which no 5 maximum expenditure is proposed, but for which an estimate of expected 6 cost is provided. A capital element shall be deemed to have been initi- 7 ated for purposes of this section if in connection with such element the 8 authority shall certify that: (i) purchase or construction contracts 9 have been entered into, obligating in the aggregate an amount exceeding 10 ten percent of the maximum or estimated cost of the element as set forth 11 in a plan; (ii) financing specific to the project has been undertaken; 12 or (iii) in a case where such element is limited to design or engineer- 13 ing, a contract therefor has been entered into. 14 2. The plan shall itemize the capital elements included in each 15 section of the plan under the following categories of expenditure: (a) 16 rolling stock and buses; (b) passenger stations; (c) track; (d) line 17 equipment; (e) line structures; (f) signals and communications; (g) 18 power equipment, emergency power equipment and substations; (h) shops, 19 yards, maintenance facilities, depots and terminals; (i) service vehi- 20 cles; (j) security systems; (k) electrification extensions; and (l) 21 unspecified, miscellaneous and emergency. 22 3. A capital program plan shall be approved only by resolution of the 23 authority approved by not less than a majority vote of the whole number 24 of members of the authority then in office, except that in the event of 25 a tie vote the chairperson shall cast one additional vote. After 26 approval, the authority shall submit the plan to the governor, who has 27 ninety days to approve the plan. 28 4. A copy of any capital program plan that has been approved by the 29 authority and distributed to the governor shall be simultaneously 30 provided to the public by the commuter transportation authority, via its 31 official or shared internet website. 32 5. If the governor takes no action within ninety days after receiving 33 the plan, the plan shall be deemed to have been approved. 34 6. If the governor vetoes the plan, the authority may only override 35 the veto by unanimous vote. 36 7. If the governor vetoes the plan and the authority does not override 37 the veto, the authority may thereafter reformulate and resubmit such 38 plan at any time. Within thirty days of the submission of such reformu- 39 lated plan, the governor shall notify the authority of its approval, or, 40 if the reformulated plan is not approved and the governor has not noti- 41 fied the authority of his or her disapproval within such period, the 42 reformulated plan shall be deemed to have been approved. 43 8. No general obligation bonds or notes of the authority, no special 44 obligation bonds or notes of the authority to finance a transit project 45 shall be issued to finance the costs of a capital element unless such 46 capital element and such source of funding was set forth in a plan 47 approved as provided in this section. 48 9. The disapproval of a capital program plan shall not affect: (a) the 49 right of the authority or of its subsidiaries to initiate and complete 50 any capital element which will be financed otherwise than through the 51 issuance of the bonds or notes the issuance of which is prohibited under 52 subdivision four of this section; (b) the right of the authority to 53 issue bonds or notes to finance a capital element which was initiated 54 prior to such disapproval in conformity with a previously approved plan; 55 or (c) the right of the authority to issue bonds or notes to refund or 56 otherwise repay any of its outstanding bonds or notes or to fulfill anyA. 2196 165 1 of their obligations to the holders of any of their outstanding bonds or 2 notes. 3 10. Notwithstanding the provisions of subdivision eight of this 4 section, if a source of funding described in an approved plan shall be 5 unavailable or be available in a lesser amount than that set forth in 6 such plan, the authority may issue bonds or notes as necessary to 7 provide the requisite funding for the capital elements included in the 8 plan to the extent that the aggregate amount of such bonds or notes to 9 be issued in substitution for such unavailable amounts shall not exceed 10 the greater of fifty million dollars or twenty percent of the total 11 amount described in such plan for either the substitute funding source 12 or the funding source being substituted for. 13 11. (a) The authority may from time to time submit to the governor 14 amendments or modifications to any ten-year plan theretofore submitted, 15 and shall submit such an amendment or modification: (i) if the estimated 16 cost of any capital element for which a specified dollar amount was 17 proposed to be expended exceeds the amount set forth in the approved 18 plan for such element by more than ten percent; (ii) if with respect to 19 a particularly described capital element for which only an estimate of 20 projected cost has been provided in the plan there is a material change 21 in the description of such element from that contained in the approved 22 plan; (iii) if a capital element not previously included in the approved 23 plan is proposed to be undertaken and its cost, together with the cost 24 of other elements included in category (l) of the plan, exceeds by ten 25 percent the amount provided for such category (l) elements; (iv) if the 26 authority shall propose to change by more than one year the time when 27 any capital element is proposed to be initiated or the effect of such 28 change will be to increase the estimated amount of capital funding 29 required in any year covered by the plan by more than twenty percent; or 30 (v) if the availability of funding sources changes to the degree to 31 which the authority is precluded from exercising the authorization 32 provided in subdivision six of this section and the authority wishes to 33 do so. 34 (b) An amendment or modification may only be approved in two ways: (i) 35 an amendment or modification shall only be approved by the governor and 36 within thirty days of the submission of an amendment or modification the 37 governor shall notify the authority of its approval of the same; or (ii) 38 if the amendment or modification is not approved by the governor within 39 such thirty day period and the governor has not notified the authority 40 in writing of his or her disapproval within such period, the amendment 41 or modification shall be deemed to have been approved. 42 12. In formulating its capital program plans, the authority shall give 43 consideration to the physical condition and urgency of need of each of 44 the several transportation and transit systems involved, to the needs of 45 all of the communities and areas serviced by these systems, to the 46 extent to which other capital aid or assistance may be available to each 47 of these systems, and to the safety, comfort and convenience of its 48 passengers. In determining the source or method of funding which the 49 authority is to use to finance the cost of the capital elements included 50 in its capital program plans, the authority shall, insofar as practica- 51 ble, give consideration, among other things, to: (a) the potential 52 impact of each such source or method upon the level of passenger fares; 53 (b) the relative cost of the several funding alternatives; and (c) the 54 relative ability of each source or method to provide funding at times 55 and in amounts estimated to be required by the capital program plan. To 56 the extent funding is proposed to be obtained through the issuance andA. 2196 166 1 sale of bonds or notes, the authority shall, insofar as practicable and 2 consistent with the matters set forth in paragraphs (a), (b) and (c) of 3 this subdivision, give preference to the use of funds appropriated or to 4 be appropriated to the authority by virtue of service contracts with the 5 director of the budget entered into pursuant to the provisions of the 6 transportation systems assistance and financing act of 1981 for purposes 7 of paying the annual cost of debt service for such bonds or notes. 8 13. On or before the fourth first of October succeeding the effective 9 date of this subdivision, and on or before October first of every fifth 10 year thereafter, the authority shall submit to the governor a twenty- 11 year capital needs assessment. Such assessment shall begin with the 12 period commencing on the second first of January after such submission, 13 and begin each assessment with every fifth year thereafter, and describe 14 capital investments over the succeeding twenty years. Such assessment 15 shall: (a) set forth broad long-term capital investments to be made 16 throughout the district; and (b) establish a non-binding basis to be 17 used by the authority in the planning of strategic investments involving 18 capital elements in its five-year capital plans. Such assessment shall 19 not require the approval of the governor and shall be for informational 20 purposes only. For purposes of this section, "broad long-term capital 21 investments" shall include but not be limited to: system rebuilding, 22 enhancement, and expansion needs; agency needs broken down by capital 23 element or investment category; and projected future trends and network 24 implications. Such assessment shall be certified by the chairperson of 25 the authority and shall be entered into the permanent record of the 26 minutes of the review board. 27 § 1349-zzzz. Submission of strategic operation plan. 1. On or before 28 the first of July next succeeding the effective date of this section, 29 the authority shall submit to the governor a strategic operation plan 30 for the commuter railroad services under the jurisdiction of the author- 31 ity for the five-year period commencing January first of the following 32 year. The plan may be amended as required but shall be updated at least 33 annually. The plan shall include, but need not be limited to, the 34 following: 35 (a) Long-range goals and objectives for the operation of services and 36 facilities; 37 (b) Planned service and performance standards for each year of the 38 period covered by the plan; including, in such plan submitted after the 39 first of July next succeeding the effective date of this section: (i) 40 standards for determining frequency of service at peak hours and off- 41 peak hours; (ii) frequency of service at peak and off-peak hours based 42 on the application of such standards to the current period for bus route 43 or group of bus routes, and commuter rail lines, divisions or branches 44 as appropriate; (iii) projected performance for each bus route or group 45 of bus routes, and commuter rail lines, divisions or branches as appro- 46 priate as measured by reliability indicators commonly utilized within 47 the transit industry, including such measures as planned number of vehi- 48 cles with air conditioning and projected reliability of such equipment, 49 planned standards for cleanliness of the interior and exterior of commu- 50 ter rail cars, buses, and passenger stations, and other appropriate 51 measures of planned performance influencing the quality of services; 52 (c) Level and structure of fares projected for each year of the period 53 covered by the plan; 54 (d) Estimated operating and capital resources anticipated to be avail- 55 able from internal sources as well as from federal, state, regional and 56 local sources;A. 2196 167 1 (e) Estimated operating and capital costs to satisfy planned standards 2 of performance and service; 3 (f) Strategies to improve productivity; control cost growth; integrate 4 and coordinate the delivery of services provided by the authority as 5 well as other public and private transportation providers in the service 6 area; 7 (g) Specific allocation of operating and capital resources by mode and 8 operation, including funds, personnel, and equipment; 9 (h) Configuration by mode, operation and route of the services to be 10 provided and the facilities to be operated, identifying major planned 11 changes in services and routes; and 12 (i) Identification of the operating and capital costs as compared to 13 the revenues anticipated from system users for the commuter transporta- 14 tion authority. 15 An analysis of the relationship between specific planned capital 16 elements contained in approved capital program plans and the achievement 17 of planned service and performance standards. Such analysis shall 18 include the relationship of specific planned capital elements to the 19 achievement of such service and performance standards for each bus route 20 or group of bus routes, or commuter rail lines, divisions or branches as 21 appropriate. 22 2. Each annual update of the plan shall include a status report summa- 23 rizing the extent to which planned service and performance standards 24 developed for the previous year were achieved, the causes of any failure 25 to achieve projected standards of service, and corrective measures the 26 authority intends to take to avoid non-achievement of projected stand- 27 ards in the next upcoming year. 28 3. The commuter transportation authority shall take into consideration 29 any petitions from local officials for improved services, including how 30 these service improvements relate to the service and performance stand- 31 ards described in this section, and shall consult with appropriate local 32 officials in its preparation and periodic updates to the operation plan. 33 § 1349-aaaaa. Financial and operational reports. The authority shall 34 submit to the governor, the temporary president of the senate and the 35 speaker of the assembly, no later than thirty days following the 36 submission of the annual independent audit report pursuant to section 37 twenty-eight hundred two of this chapter, a complete detailed report or 38 reports setting forth, to the extent such matters are not fully 39 addressed in the annual independent audit report, the following: 40 1. its financial reports, including, but not limited to: 41 (a) audited financials in accordance with all applicable regulations 42 and following generally accepted accounting principles as defined in 43 subdivision ten of section two of the state finance law; 44 (b) grant and subsidy programs; 45 (c) operating and financial risks; 46 (d) current ratings of its bonds issued by recognized municipal bond 47 rating agencies and notice changes in such ratings; and 48 (e) long-term liabilities, including leases and employee benefit 49 plans; and 50 2. an assessment of the effectiveness of its internal control struc- 51 ture and procedures, including, but not limited to: 52 (a) descriptions of the authority and its major units and subsid- 53 iaries; 54 (b) the number of employees, and minority and women employees, for 55 each; 56 (c) an organizational chart;A. 2196 168 1 (d) its charter, if any and by-laws; 2 (e) the extent of participation by minority and women-owned enter- 3 prises in authority contracts and services in accordance with article 4 fifteen-A of the executive law; and 5 (f) a listing of material changes in internal operations and programs 6 during the reporting year. 7 § 1349-bbbbb. Mission statement and measurement report. 1. The 8 authority shall submit to the governor, the temporary president of the 9 senate and the speaker of the assembly, on or before the thirty-first of 10 October next succeeding the effective date of this section, a proposed 11 authority mission statement and proposed measurements. The proposed 12 mission statement and proposed measurements shall have the following 13 components: (a) a brief mission statement expressing the purpose and 14 goals of the authority; (b) a description of the stakeholders of the 15 authority and their reasonable expectations from the authority, which 16 stakeholders shall include at a minimum: (i) the residents and taxpayers 17 of the area of the state served by the authority; (ii) the persons that 18 use the services provided by the authority; and (iii) the employees of 19 the authority and any employee organization; (c) the goals of the 20 authority in response to the needs of each group of stakeholders; and 21 (d) a list of measures by which performance of the authority and the 22 achievement of its goals may be evaluated. 23 2. The authority shall thereafter reexamine its mission statement and 24 measurements on an annual basis, and publish on its website self evalu- 25 ations based on the stated measures. 26 § 1349-ccccc. Requirements for certain authority contracts and related 27 subcontracts. 1. Any contractor or subcontractor subject to the posting 28 requirements of paragraph a of subdivision three-a of section two 29 hundred twenty of the labor law with respect to a public works contract 30 of the authority shall: 31 (a) post information conforming to the provisions of subdivision two 32 of this section in one or more conspicuous places at each major work- 33 place site where persons who perform work on the contract or subcon- 34 tract, including management, are most likely to see such postings; 35 provided that, this requirement may be satisfied by the displaying of 36 such information with other notices that inform persons of rights under 37 federal or state laws or rules, human resource policies, or collective 38 bargaining agreements; 39 (b) post information conforming to the provisions of subdivision two 40 of this section on an internet and intranet website, if any, of that 41 person or business organization; provided that, this requirement may be 42 satisfied by providing on such website a conspicuous hyperlink to the 43 authority website maintained pursuant to subdivision three of this 44 section, which hyperlink shall be labeled "Protections for Reporting 45 Fraud in New York"; 46 (c) distribute information specified in subdivision two of this 47 section to those persons, including employees and managers, who perform 48 work on the contract; provided that, this requirement may be satisfied 49 by distributing such information in an employee handbook or through a 50 specific electronic communication containing the information to a known 51 electronic mail address maintained by the person; and 52 (d) comply with the provisions of this subdivision, and provide to the 53 authority satisfactory evidence of such compliance, within ninety days. 54 2. The disclosures required by subdivision one of this section shall: 55 (a) provide the telephone numbers and addresses to report information 56 of fraud or other illegal activity to the appropriate officers of theA. 2196 169 1 inspector general of the authority and the attorney general of the 2 state; 3 (b) describe in detail conduct prohibited by section one hundred 4 eighty-nine of the state finance law, and the role of that act in 5 preventing and detecting fraud and abuse in work paid for by the author- 6 ity or with funds originating from the authority; 7 (c) notify prospective qui tam plaintiffs on how to file a qui tam 8 action, including the necessity to contact private counsel skilled in 9 filing such actions and of the potential for cash rewards in such 10 actions based on the percentage of the funds recovered by the govern- 11 ment; and 12 (d) describe prohibitions on employer retaliation against persons who 13 file or assist actions under article thirteen of the state finance law, 14 the New York false claims act, pursuant to section one hundred ninety- 15 one of the state finance law, or who report illegal conduct that threat- 16 ens the health or safety of the public pursuant to section seven hundred 17 forty of the labor law. 18 3. No later than forty-five days after the effective date of this 19 section, the authority shall establish and continuously maintain on its 20 public website and its intranet site a page that shall provide the 21 information specified in subdivision two of this section, and that shall 22 also provide sample statements, displays and other materials suitable 23 for insertion in employee handbooks or posting at workplaces or on 24 websites that would satisfy the disclosure requirements of this section. 25 4. The authority shall not enter into any contract described in subdi- 26 vision one of this section that does not incorporate the terms of this 27 section. 28 5. Material compliance by a covered person or business organization 29 that has contracted with the authority under a contract that incorpo- 30 rates the terms of this section shall be a material condition of payment 31 for the provision of goods or services. 32 6. The authority is authorized to adopt such rules and regulations as 33 are necessary to effect the purposes of this section. 34 § 1349-ddddd. Reserve funds and appropriations. The authority may 35 create and establish one or more reserve funds in accordance with agree- 36 ments with bondholders, noteholders or the holders of other obligations 37 of the authority and may pay into such reserve funds: (a) any monies 38 appropriated and made available by the state for the purposes of such 39 funds; (b) any proceeds of sale of notes, bonds or other obligations to 40 the extent provided in the resolution of the authority authorizing the 41 issuance thereof; and (c) any other monies which may be made available 42 to the authority for the purpose of such funds from any other source or 43 sources. In lieu thereof, the authority may provide for the deposit 44 therein of, or substitute for monies on deposit therein, a liquidity or 45 credit facility, surety bond or other similar agreement. 46 § 1349-eeeee. Consolidated financings. 1. Notwithstanding any incon- 47 sistent provisions of this or any other law, general, special or local, 48 the authority may issue its notes, bonds and other obligations to 49 finance transportation facilities utilizing a consolidated pledge of all 50 or any portion of the revenues and other monies and assets of the 51 authority and its subsidiaries, together with those other sources of 52 payment described in this section. In connection therewith, at its 53 discretion, the authority, subject to the rights of the holders of 54 notes, bonds or other obligations of the authority, and the metropolitan 55 transportation authority, may deposit or cause to be deposited into one 56 or more funds and accounts: (a) all or any portion of the revenues,A. 2196 170 1 other monies and assets received by the authority and its subsidiaries; 2 (b) all or any portion of the amounts from the operating and capital 3 costs account of the metropolitan transportation authority dedicated tax 4 fund required to be distributed to the authority under the provisions of 5 section twelve hundred seventy-c of this article; (c) all or any portion 6 of the available monies in the commuter railroad account of the metro- 7 politan transportation authority special assistance fund established 8 under the provisions of section twelve hundred seventy-a of this article 9 available for payment of operating and capital costs of the Long Island 10 Rail Road company and the Metro-North Commuter Railroad Company as 11 provided in subdivision three of section twelve hundred seventy-a of 12 this article; and (d) any other monies of the authority and its subsid- 13 iaries from any source whatsoever. 14 2. Amounts so deposited in such funds or accounts may be: (a) pledged 15 by the authority to secure, and be applied to, the payment of its bonds, 16 notes or other obligations issued to finance transportation facilities 17 undertaken for the authority and its subsidiaries; and (b) used for 18 payment of operating costs, and capital costs, including debt service, 19 reserve requirements, if any, the payment of amounts required under 20 bonds, notes or other financing facilities or agreements, and the 21 payment of all costs related to such obligations, of or for the authori- 22 ty and its subsidiaries as the authority in its full discretion shall 23 determine. To the extent moneys so deposited have been pledged by the 24 authority to secure and pay its bonds, notes or other obligations as 25 herein provided, such moneys shall first be applied to satisfy the 26 requirements of any debt service or reserve requirements of the resol- 27 ution or resolutions or other contractual arrangements authorizing such 28 bonds, notes or other obligations. After satisfaction of such require- 29 ments of any such resolution, resolutions, or other contractual arrange- 30 ments or if the authority has not so pledged such moneys, such moneys so 31 deposited, subject to the provisions of any other resolutions or 32 contractual arrangements of the authority applicable provisions of law, 33 may be transferred to or for the benefit of the authority and its 34 subsidiaries. Revenues and other monies of the authority and its subsid- 35 iaries which are deposited in the funds or accounts authorized by this 36 section, as reduced by any application of such revenues or monies to the 37 payment of debt service, reserve requirements, if any, and other costs 38 attributable to the funding of the capital costs of such entity, shall 39 be allocated, credited and distributed to such source entity. Any other 40 revenues or monies which are deposited in the funds or accounts author- 41 ized by this section which are required by law to be allocated or paid 42 to the authority or its subsidiaries shall be allocated or paid to the 43 entity to which it is required to be allocated or paid by law after 44 reduction by an amount equal to the portion thereof applied to the 45 payment of debt service, reserve requirements, if any, and other costs 46 attributable to the funding of the capital costs of such entity. In 47 determining the amount of debt service, reserve requirements, if any, 48 and other costs attributable to the authority and its subsidiaries the 49 authority shall make such calculation based upon the percentage of the 50 proceeds of the bonds, notes and other obligations expended for the 51 capital costs attributable to each such entity. The authority may 52 utilize any interim allocation of such distributions, provided that 53 within ninety days after the end of each calendar year, the authority 54 shall certify to the director of the budget, the chairperson of the 55 senate finance committee and the chairperson of the assembly ways and 56 means committee, that the aggregate amount of monies transferred to eachA. 2196 171 1 of the authority and its subsidiaries in respect of such calendar year, 2 taking into account any interagency repayments or reimbursements antic- 3 ipated to be made in the next succeeding calendar year, is not less than 4 the amounts required to be paid or transferred to such entities. 5 § 1349-fffff. Regulation of certain authority expenditures. The 6 authority shall implement policies as appropriate to minimize unwar- 7 ranted expenses and to protect against abuses in connection with: (a) 8 the granting of any privileges or benefits having financial value, other 9 than wage payments or expense reimbursements, to members or staff of the 10 authority, or any subsidiary or other authority created by the authori- 11 ty; and (b) the full-time and part-time assignment and use of automo- 12 biles owned or leased by the authority, or any subsidiary or other 13 authority created by the authority, and the use by authority employees 14 and board members of livery vehicles, as defined in section one hundred 15 twenty-one-e of the vehicle and traffic law. 16 § 1349-ggggg. Agreement of the state. The state does hereby pledge to 17 and agree with the authority and its subsidiaries, and the holders of 18 any notes, bonds or other obligations, including lease obligations, 19 issued or incurred under this title, that the state will not limit or 20 alter the denial of authority under subdivision nine of section thirteen 21 hundred forty-nine-xxxx of this title, or the rights and powers vested 22 in the authority and its subsidiaries, by this title to fulfill the 23 terms of any agreements made by any of them with the holders thereof, or 24 in any way impair the rights and remedies of such holders until such 25 notes, bonds or other obligations, including lease obligations, together 26 with the interest thereon, with interest on any unpaid installments of 27 interest, and all costs and expenses for which the authority or its 28 subsidiaries is liable in connection with any action or proceeding by or 29 on behalf of such holders, are fully met and discharged. The authority 30 and its subsidiaries are each authorized to include this pledge and 31 agreement of the state in any agreement with the holders of such notes, 32 bonds or other obligations, including lease obligations. 33 § 1349-hhhhh. 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-iiiii. Remedies of noteholders and bondholders. 1. In the 47 event 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. 2196 172 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 herein 3 provided. 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 his or her 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; 20 and/or 21 (e) declare all such notes or bonds due and payable, and if all 22 defaults shall be made good, then, with the consent of the holders of 23 twenty-five per centum of the principal amount of such notes or bonds 24 then outstanding, to annul such declaration and its consequences. 25 3. Such trustee shall in addition to the foregoing have and possess 26 all of the powers necessary or appropriate for the exercise of any func- 27 tions specifically set forth herein or incident to the general represen- 28 tation of bondholders or noteholders in the enforcement and protection 29 of their rights. 30 4. The supreme court shall have jurisdiction of any suit, action or 31 proceeding by the trustee on behalf of such noteholders or bondholders. 32 The venue of any such suit, action or proceeding shall be laid in the 33 county in which the instrument or instruments are filed in accordance 34 with subdivision one of this section. 35 5. Before declaring the principal of notes or bonds due and payable, 36 the trustee shall first give thirty days' notice in writing to the 37 governor, to the authority, to the comptroller and to the attorney 38 general of the state. 39 § 1349-jjjjj. Notes and bonds as legal investment. The notes and bonds 40 of the authority are hereby made securities in which all public officers 41 and bodies of the state and all municipalities and political subdivi- 42 sions, all insurance companies and associations and other persons carry- 43 ing on an insurance business, all banks, bankers, trust companies, 44 savings banks and savings associations, including savings and loan asso- 45 ciations, building and loan associations, investment companies and other 46 persons carrying on a banking business, all administrators, guardians, 47 executors, trustees and other fiduciaries, and all other persons whatso- 48 ever who are now or who may hereafter be authorized to invest in bonds 49 or other obligations of the state, may properly and legally invest funds 50 including capital in their control or belonging to them. Notwithstand- 51 ing any other provisions of law, the bonds of the authority are also 52 hereby made securities which may be deposited with and shall be received 53 by all public officers and bodies of this state and all municipalities 54 and political subdivisions for any purpose for which the deposit of 55 bonds or other obligations of the state is now or may hereafter be 56 authorized.A. 2196 173 1 § 1349-kkkkk. Exemption from taxation. It is hereby found, determined 2 and declared that the creation of the authority and the carrying out of 3 its purposes is in all respects for the benefit of the people of the 4 state of New York and for the improvement of their health, welfare and 5 prosperity and is a public purpose, and that the authority will be 6 performing an essential governmental function in the exercise of the 7 powers conferred upon it by this title. Without limiting the generality 8 of the following provisions of this section, property owned by the 9 authority, property leased by the authority and used for transportation 10 purposes, and property used for transportation purposes by or for the 11 benefit of the authority exclusively pursuant to the provisions of a 12 joint service arrangement or of a joint facilities agreement or trackage 13 rights agreement shall all be exempt from taxation and special ad valo- 14 rem levies. The authority shall be required to pay no fees, taxes or 15 assessments, whether state or local, including but not limited to fees, 16 taxes or assessments on real estate, franchise taxes, sales taxes or 17 other excise taxes, upon any of its property, or upon the use thereof, 18 or upon its activities in the operation and maintenance of its facili- 19 ties or on any fares, tolls, rentals, rates, charges or other fees, 20 revenues or other income received by the authority and the bonds of the 21 authority and the income therefrom shall at all times be exempt from 22 taxation, except for gift and estate taxes and taxes on transfers. This 23 section shall constitute a covenant and agreement with the holders of 24 all bonds issued by the authority. The terms "taxation" and "special ad 25 valorem levy" shall have the same meanings as defined in section one 26 hundred two of the real property tax law and the term "transportation 27 purposes" shall have the same meaning as used in titles two-A and two-B 28 of article four of such law. 29 § 1349-lllll. Actions against the authority. 1. As a condition to the 30 consent of the state to such suits against the authority, in every 31 action against the authority for damages, for injuries to real or 32 personal property or for the destruction thereof, or for personal inju- 33 ries or death, the complaint shall contain an allegation that at least 34 thirty days have elapsed since the demand, claim or claims upon which 35 such action is founded were presented to a member of the authority or 36 other officer designated for such purpose and that the authority has 37 neglected or refused to make an adjustment or payment thereof. 38 2. An action against the authority founded on tort, except an action 39 for wrongful death, shall not be commenced more than one year and ninety 40 days after the cause of action therefor shall have accrued, nor unless a 41 notice of claim shall have been served on the authority within the time 42 limited by and in compliance with all the requirements of section 43 fifty-e of the general municipal law. An action against the authority 44 for wrongful death shall be commenced in accordance with the notice of 45 claim and time limitation provisions of title eleven of article nine of 46 this chapter. 47 3. The authority shall be liable, and shall assume the liability to 48 the extent that it shall save harmless any duly appointed officer or 49 employee of the authority, for the negligence of such officer or employ- 50 ee, in the operation of a vehicle or other facility of transportation 51 owned or otherwise under the jurisdiction and control of the authority 52 in the discharge of a duty imposed upon such officer or employee at the 53 time of the accident, injury or damages complained of, while otherwise 54 acting in the performance of his or her duties and within the scope of 55 his employment.A. 2196 174 1 4. The authority may require any person, presenting for settlement an 2 account or claim for any cause whatever against the authority, to be 3 sworn before a member, counsel or an attorney, officer or employee of 4 the authority designated for such purpose, concerning such account or 5 claim and when so sworn to answer orally as to any facts relative to 6 such account or claim. The authority shall have power to settle or 7 adjust all claims in favor of or against the authority. 8 5. The rate of interest to be paid by the authority upon any judgment 9 for which it is liable shall not exceed four per centum per annum. 10 6. The provisions of this section which relate to the requirement for 11 service of a notice of claim shall not apply to a subsidiary corporation 12 of the authority. In all other respects, each subsidiary corporation of 13 the authority shall be subject to the provisions of this section as if 14 such subsidiary corporation were separately named herein, provided, 15 however, that a subsidiary corporation of the authority which is a stock 16 corporation shall not be subject to the provisions of this section 17 except with respect to those causes of action arising on and after the 18 first day of the twelfth calendar month following that calendar month in 19 which such stock corporation becomes a subsidiary corporation of the 20 authority. 21 § 1349-mmmmm. Annual audit of the authority. 1. The comptroller shall 22 conduct an annual audit of the books and records of the authority and 23 its subsidiary corporations. Such audit shall include a complete and 24 thorough examination of such authority's receipts, disbursements, reven- 25 ues and expenses during the prior fiscal year in accordance with the 26 categories or classifications established by such authority for its own 27 operating and capital outlay purposes; assets and liabilities at the end 28 of its last fiscal year including the status of reserve, depreciation, 29 special or other funds and including the receipts and payments of these 30 funds; schedule of bonds and notes outstanding at the end of its fiscal 31 year and their redemption dates, together with a statement of the 32 amounts redeemed and incurred during such fiscal year; operations, debt 33 service and capital construction during the prior fiscal year. 34 2. The comptroller, upon completion of such audit, shall within sixty 35 days thereafter, report to the governor and the legislature his or her 36 findings, conclusions and recommendations thereof. 37 § 1349-nnnnn. Authority budget and financial plan. 1. In addition to 38 the requirements of section twenty-eight hundred two of this chapter, 39 each authority budget and plan shall be posted on its website and shall: 40 (a) present information relating to the authority and each of its agen- 41 cies in a clear and consistent manner and format; (b) be prepared in 42 accordance with generally accepted accounting principles, except as 43 otherwise consented to by the comptroller upon good cause shown; (c) be 44 based on reasonable assumptions and methods of estimation; (d) include 45 estimates of projected operating revenues and expenses; (e) identify any 46 planned transaction that would shift resources, from any source, from 47 one fiscal year to another, and the amount of any reserves; and (f) 48 contain a summary in plain English of the principal information in the 49 budget and conclusions to be drawn from it. 50 2. The authority shall prepare and make available for public 51 inspection on its website information that details the sources of data 52 and the assumptions and methods of estimation used to calculate all 53 operating and capital budget projections, consistent with generally 54 accepted budgetary practices. 55 3. The authority shall establish at least annually the quarterly 56 revenue and expense targets for the authority, and for each subsidiaryA. 2196 175 1 or other authority created by the authority itself and for which it 2 reports financial data. 3 4. The authority shall prepare and make available for public 4 inspection on its website: (a) within sixty days of the release of the 5 adopted budget and any updates to the budget, except updates released 6 within ninety days of the close of the fiscal year, monthly projections 7 for the current fiscal year of all revenues and expenses, staffing for 8 the authority and each of its agencies, and utilization for each of the 9 authority's agencies that operate transportation systems, including 10 bridges and tunnels; (b) within sixty days after the close of each quar- 11 ter, a comparison of actual revenues and expenses, actual staffing and 12 actual utilization to planned or projected levels for each of the 13 authority's agencies that operate transportation systems, including 14 bridges and tunnels, with an explanation of each material variance and 15 its budgetary impact; and (c) within ninety days after the close of each 16 quarter, the status of each gap-closing initiative with a projected 17 value greater than one million dollars in any given fiscal year; the 18 status of capital projects by capital element, including but not limited 19 to commitments, expenditures and completions; and an explanation of 20 material variances from the plan, cost overruns and delays. 21 5. Financial information required to be submitted by the authority 22 pursuant to paragraphs (d) and (e) of subdivision one of section thir- 23 teen hundred forty-nine-aaaaa of this title shall be presented in a 24 format consistent with the budget and plan, in downloadable, searchable 25 format. 26 § 1349-ooooo. Independent audit of the authority. The independent 27 auditor retained by the authority shall not provide to the authority, 28 contemporaneously with the audit unless it shall have previously 29 received written approval by the audit committee any non-audit service, 30 including: 31 1. routine bookkeeping or other services; 32 2. financial information systems design and implementation; 33 3. appraisal or valuation services, fairness opinions, or contribu- 34 tion-in-kind reports; 35 4. actuarial services; 36 5. outsourcing services; 37 6. authority management functions or human resources; 38 7. broker or dealer, investment advisor or investment banking 39 services; 40 8. legal services and expert services unrelated to the audit. 41 § 1349-ppppp. Independent audit by the legislature. After the 42 submission of the annual independent audit report to the legislature 43 pursuant to section twenty-eight hundred two of this chapter, and after 44 review of such report, the temporary president of the senate and the 45 speaker of the assembly may commission an auditing firm, every two 46 years, to conduct an independent audit of the authority, including its 47 subsidiaries. The temporary president of the senate and the speaker of 48 the assembly shall set the scope of such audit, and determine the terms 49 of the request for proposal for such audit. Such audit shall be 50 performed for the second year after the effective date of this section. 51 The authority shall fully cooperate with and assist in such an audit. 52 § 1349-qqqqq. Reporting. The authority shall post on its website on or 53 before the first of May, the law firms retained by the authority which 54 in the past year received payment for services in such year. 55 § 1349-rrrrr. Station operation and maintenance. 1. (a) The operation, 56 maintenance and use of passenger stations shall be public purposes ofA. 2196 176 1 the city of New York and the counties within the district. The total 2 cost to the authority and each of its subsidiary corporations of opera- 3 tion, maintenance and use of each passenger station within the district 4 serviced by one or more railroad facilities of the authority or of such 5 subsidiary corporation, including the buildings, appurtenances, plat- 6 forms, lands and approaches incidental or adjacent thereto, shall be 7 borne by the city of New York if such station is located in such city 8 or, if not located in such city, by such county within the district in 9 which such station is located. On or before June first of each year, the 10 authority shall, in accordance with the method specified herein, deter- 11 mine and certify to the city of New York and to each county within the 12 district the respective allocation of costs related to the operation, 13 maintenance and use of passenger stations within such city and each such 14 other county, for the twelve-month period ending the preceding March 15 thirty-first. 16 (i) The total payment amount to be billed by the authority for the 17 operation, maintenance and use of each passenger station within the city 18 of New York and the counties of Nassau, Suffolk, Westchester, Dutchess, 19 Putnam, Orange, and Rockland shall be calculated by summing the total 20 amount listed in the base amount table plus an adjustment to such base 21 year amount equal to the base amount times the increase or decrease in 22 the Consumer Price Index for Wage Earners and Clerical Workers for the 23 New York, Northeastern-New Jersey Standard Metropolitan Statistical Area 24 for the twelve-month period being billed. 25 BASE AMOUNT TABLE 26 County Base Amount 27 Nassau $19,200,000 28 Suffolk $11,834,091 29 Westchester $13,269,310 30 Dutchess $1,581,880 31 Putnam $618,619 32 Orange $327,247 33 Rockland $34,791 34 City of New York $61,435,330 35 (ii) For each year thereafter, such total payment for each such county 36 shall be the same amount as the total payment during the immediately 37 prior year, plus an adjustment equal to the prior year amount times the 38 increase or decrease in the Consumer Price Index for Wage Earners and 39 Clerical Workers for the New York, Northeastern-New Jersey Standard 40 Metropolitan Statistical Area for the twelve-month period being billed. 41 (b) On or before the following September first, of each year, such 42 city and each such county shall pay to the authority such cost or amount 43 so certified to it on or before the preceding June first. Such city and 44 each such county shall have power to finance such costs to it by the 45 issuance of budget notes pursuant to section 29.00 of the local finance 46 law. Each year, the authority, the city of New York and the counties of 47 Nassau, Suffolk, Westchester, Dutchess, Putnam, Orange, and Rockland 48 may, after having reached an agreement, recommend to the legislature 49 modifications to the amounts set forth in this section based upon chang- 50 es made to commuter services including but not limited to changes in the 51 number of passenger stations within such counties or the level of commu- 52 ter rail service provided to any such passenger stations. FailureA. 2196 177 1 between the authority and between the counties to reach agreement will 2 be referred to the state comptroller for mediation. If the mediation is 3 unsuccessful, each party and the state comptroller may submit a recom- 4 mendation to the governor and the legislature for legislative action. 5 (c) In the event that a city or county shall fail to make payment to 6 the authority for station maintenance as required pursuant to this 7 section, or any part thereof, the chief executive officer of the author- 8 ity or such other person as the chairperson shall designate shall certi- 9 fy to the state comptroller the amount due and owing the authority at 10 the end of the state fiscal year and the state comptroller shall with- 11 hold an equivalent amount from the next succeeding state aid allocated 12 to such county or city from the motor fuel tax and the motor vehicle 13 registration fee distributed pursuant to former section one hundred 14 twelve of the highway law, or amounts distributed pursuant to section 15 ten-c of the highway law, or per capita local assistance pursuant to 16 section fifty-four of the state finance law subject to the following 17 limitations: (i) prior to withholding amounts due the authority from 18 such county or city, the comptroller shall pay in full any amount due 19 the state of New York municipal bond bank agency, on account of any such 20 county's or city's obligation to such agency; the city university 21 construction fund pursuant to the provisions of the city university 22 construction fund act; the New York city housing development corpo- 23 ration, pursuant to the provisions of the New York city housing develop- 24 ment corporation act, article twelve of the private housing finance law; 25 and (ii) the transit construction fund pursuant to the provisions of 26 title nine-A of this article. The comptroller shall give the director of 27 the budget notification of any such payment. Such amount or amounts so 28 withheld by the comptroller shall be paid to the authority and the 29 authority shall use such amount for the repayment of the state advances 30 hereby authorized. When such amount or amounts are received by the 31 authority, it shall credit such amounts against any amounts due and 32 owing by the city or county on whose account such amount was withheld 33 and paid. 34 2. A public hearing or hearings shall be held at least thirty days 35 prior to the closure of any transportation facility due to construction, 36 improvement, reconstruction or rehabilitation where such facility will 37 be out-of-service for ninety days or longer. Public hearings required by 38 this subdivision shall be held at one or more locations conveniently 39 accessible to the persons who would be affected by such closure. 40 § 1349-sssss. Transfer and receipt of surplus funds. Notwithstanding 41 any provision of this title or any other provision of law, general, 42 special or local, the authority may from time to time transfer and pay 43 over to the New York city transit authority or the Triborough bridge and 44 tunnel authority all or any part of its surplus funds and may accept and 45 use any monies transferred and paid over to it by the New York city 46 transit authority or the Triborough bridge and tunnel authority. 47 § 1349-ttttt. Title not affected if in part unconstitutional or inef- 48 fective. If any provision of any section of this title or the applica- 49 tion thereof to any person or circumstance shall be adjudged invalid by 50 a court of competent jurisdiction, such order or judgment shall be 51 confined in its operation to the controversy in which it was rendered, 52 and shall not affect or invalidate the remainder of any provision of any 53 section of this title or the application of any part thereof to any 54 other person or circumstance and to this end the provisions of each 55 section of this title are hereby declared to be severable.A. 2196 178 1 § 1349-uuuuu. Commuter transportation authority inspector general. 1. 2 There is hereby created in the commuter transportation authority an 3 office of commuter transportation authority inspector general. The 4 inspector general shall be appointed by the governor with the advice and 5 consent of the senate. The inspector general shall, prior to his or her 6 appointment, have had at least ten years experience in the management of 7 transportation services, in auditing and investigation of governmental 8 operations, or in services related to management and productivity 9 improvement. The term of office of the inspector general shall be five 10 years from the effective date of appointment, and he or she shall serve 11 at the pleasure of the governor. The salary of the inspector general 12 shall be determined by the authority board. 13 2. The inspector general shall annually submit to the board of the 14 commuter transportation authority a budget request for the operation of 15 the office. If the board disapproves any portion of such request and the 16 commissioner of transportation determines such disapproval to be unrea- 17 sonable, such commissioner shall withhold from payments due such author- 18 ity, the amount so determined to be unreasonable and transfer such 19 amount to the office of the commuter transportation authority inspector 20 general. 21 3. The inspector general shall have full and unrestricted access to 22 all records, information, data, reports, plans, projections, matters, 23 contracts, memoranda, correspondence and any other materials of the 24 authority and its subsidiaries, the Long Island Rail Road, Metro-North 25 Railroad, and metropolitan suburban bus authority, or any other agency 26 that may come under the control of the authority, or within their custo- 27 dy or control. 28 4. The inspector general, notwithstanding the provisions of title nine 29 of this article and this title, and of title three of article three of 30 this chapter, shall have the following functions, powers and duties: 31 (a) to receive and investigate complaints from any source or upon his 32 or her own initiative concerning alleged abuses, frauds and service 33 deficiencies, including deficiencies in the maintenance and operation of 34 facilities, relating to the authority and its subsidiaries; 35 (b) to initiate such reviews as he or she may deem appropriate of the 36 operations of the authority and its subsidiaries, in order to identify 37 areas in which performance might be improved and available funds used 38 more effectively; 39 (c) to recommend remedial actions to be taken by the authority and its 40 subsidiaries, to overcome or correct operating or maintenance deficien- 41 cies and inefficiencies that he or she determines to exist; 42 (d) to make available to appropriate law enforcement officials infor- 43 mation and evidence which relate to criminal acts that he or she may 44 obtain in carrying out his or her duties; 45 (e) to subpoena witnesses, administer oaths or affirmations, take 46 testimony and compel the production of such books, papers, records and 47 documents as he or she may deem to be relevant to any inquiry or inves- 48 tigation undertaken pursuant to this section and to delegate such powers 49 to a duly authorized deputy inspector general; 50 (f) to monitor the implementation by the authority and its subsid- 51 iaries of recommendations made by the inspector general or other audit 52 agencies; and 53 (g) to do all things necessary to carry out the functions, powers and 54 duties set forth in this section. 55 5. The inspector general shall cooperate, consult and coordinate with 56 the state public transportation safety board with regard to any activityA. 2196 179 1 concerning the operations of the commuter transportation authority. With 2 respect to any accident on the facilities of the commuter transportation 3 authority, the primary responsibility for investigation shall be that of 4 the board which shall share its findings with the commuter transporta- 5 tion authority inspector general. 6 6. The inspector general shall make annual public reports on his or 7 her findings and recommendations. Such a report shall be filed in the 8 office of the governor and with the legislature on or before the first 9 of February for the preceding year. The commuter transportation authori- 10 ty and its applicable constituent agencies shall prepare a response to 11 the annual report and to any and all other final reports made by the 12 inspector general within thirty days of receipt, which time may be 13 extended by the inspector general in his or her discretion, indicating 14 whether such authority intends to implement the recommendations in such 15 reports, and, if not, why not. In addition, the commuter transportation 16 authority and its applicable constituent agencies shall give quarterly 17 reports to the inspector general outlining the status of each of the 18 recommendations made by the inspector general in his or her final 19 reports. Copies of all of these reports shall be sent to the governor, 20 the temporary president of the senate, the speaker of the assembly, the 21 chairperson of the senate transportation committee, the chairperson of 22 the senate finance committee, the chairperson of the assembly corpo- 23 rations, authorities and commissions committee and the chairperson of 24 the assembly ways and means committee. 25 7. To effectuate the purposes of this section, the inspector general 26 may request from any department, board, bureau, commission, office or 27 other agency of the state, or any of its political subdivisions, such 28 cooperation, assistance, services and data as will enable him or her to 29 carry out his or her functions, powers and duties hereunder, and they 30 are authorized and directed to provide said cooperation, assistance, 31 services and data. 32 § 1349-vvvvv. Management advisory board. 1. There is hereby created in 33 the office of the commuter transportation authority inspector general a 34 management advisory board, consisting of thirteen members appointed by 35 the governor, of whom two shall be appointed upon nomination by the 36 temporary president of the senate, two upon nomination by the speaker of 37 the assembly, one upon nomination by the minority leader of the senate 38 and one upon nomination by the minority leader of the assembly. All 39 members shall serve for a term of three years, except that, of the two 40 members first appointed upon nomination by the temporary president of 41 the senate, one shall serve for a term of two years and one shall serve 42 for a term of one year; of the two members first appointed upon nomi- 43 nation by the speaker of the assembly, one shall serve for a term of two 44 years and one shall serve for a term of one year; and, of two of the 45 members first appointed by the governor without nomination by any other 46 person, two shall each serve for a term of two years and two shall each 47 serve for a term of one year. One of the members appointed to the 48 management advisory board directly by the governor shall be designated 49 by the governor to serve as its chairperson. 50 2. All members of the management advisory board shall be residents of 51 the metropolitan transportation district, and shall be persons with 52 substantial experience in the management of private enterprise, in the 53 delivery of public services, or in labor or labor-management relations. 54 3. The management advisory board shall assist the commuter transporta- 55 tion authority inspector general in identifying ways to improveA. 2196 180 1 services, reduce costs and increase the efficiency of the authority and 2 its subsidiaries. 3 4. No later than the first of April next succeeding the effective date 4 of this section, and annually thereafter, the management advisory board 5 shall submit to the governor and the legislature a report on its activ- 6 ities during the previous year. 7 5. The office of the commuter transportation authority inspector 8 general shall provide the management advisory board with such staff 9 support as may be required for the performance of its duties. 10 6. Members of the management advisory board shall serve without 11 compensation, but shall be reimbursed for expenses reasonably incurred 12 in the performance of their duties. 13 § 1349-wwwww. Transition-election to withdraw from the metropolitan 14 commuter transportation district. 1. The counties of Dutchess, Orange 15 and Rockland shall have an option to withdraw from the metropolitan 16 commuter transportation district and have such withdrawal take effect on 17 either: (a) The first of January next succeeding the effective date of 18 this section. If any such county plans to withdraw from the district on 19 the first of January next succeeding the effective date of this section, 20 it shall: (i) no later than seventy-five days after the effective date 21 of this section, furnish the commissioner of transportation, and chair- 22 person of the authority and the other counties which have an option to 23 withdraw, a resolution adopted by the county legislature providing 24 notice of intent to withdraw; (ii) on or before the first of October 25 next succeeding the effective date of this section, furnish to the 26 commissioner of transportation, the chairperson of the authority and 27 other counties which have an option to withdraw, a resolution adopted by 28 the county legislature providing for a public transportation plan. For 29 the purposes of this section, a "public transportation plan" shall mean 30 a plan that maintains adequate and continuous public transportation 31 services from the withdrawing county to the city of New York or any 32 terminus previously served, provides a reasonable level of rail passen- 33 ger service, provides a schedule for implementing such service, protects 34 the public investment in the rail transportation system and any other 35 criteria deemed necessary by the commissioner of transportation. Prior 36 to withdrawal pursuant to this paragraph or paragraph (b) of this subdi- 37 vision, a county shall receive approval of its public transportation 38 plan pursuant to paragraph (c) of this subdivision; and (iii) on or 39 before the first of December next succeeding the effective date of this 40 section, furnish the commissioner of transportation, a copy of an agree- 41 ment with the authority or an operator of rail passenger service for the 42 provision of rail passenger service to and from such county and the city 43 of New York or any terminus previously served. 44 If a county planning to withdraw on the first of January next succeed- 45 ing the effective date of this section is unable to withdraw because it 46 could not meet the requirements of this paragraph, it may elect to with- 47 draw pursuant to paragraph (b) of this subdivision. 48 (b) The second or third first of January succeeding the effective date 49 of this section. If any such county plans to withdraw on either the 50 second or third first of January next succeeding the effective date of 51 this section, it shall: (i) no later than ninety days after the first of 52 January of the year immediately preceding the year in which such county 53 plans to withdraw from the district, furnish the commissioner of trans- 54 portation, the chairperson of the authority and the other counties which 55 have an option to withdraw, a resolution adopted by the county legisla- 56 ture providing notice of intent to withdraw from the district; (ii) noA. 2196 181 1 later than one hundred twenty days after the first of January of the 2 year immediately preceding the year in which such county plans to with- 3 draw from the district furnish to the commissioner of transportation, 4 the chairperson of the authority and the counties which have an option 5 to withdraw a resolution adopted by the county legislature providing a 6 public transportation plan as described in this section; and (iii) on or 7 before October first of the year immediately preceding the year in which 8 such county plans to withdraw from the district, furnish to the commis- 9 sioner a copy of an agreement with the authority or an operator of rail 10 passenger service for the provision of rail passenger service to and 11 from such county and the city of New York or any terminus previously 12 served. 13 (c) No later than thirty days after receipt of the public transporta- 14 tion plan the commissioner of transportation shall, in writing, either 15 approve such plan as conforming with the requirements heretofore 16 described or disapprove such plan as failing to meet such requirements 17 and the reasons therefor. Disapproval of a plan shall not prohibit a 18 county from resubmitting a public transportation plan and such resubmit- 19 ted plan shall be approved or disapproved no later than fifteen days 20 after receipt by the commissioner of transportation. The public trans- 21 portation plan shall be subject to any state or federal public hearing 22 requirements which the authority would be subject to if the authority 23 made the changes proposed by such plan. 24 (d) Any such county which plans to withdraw from the district shall 25 meet the requirements of this section prior to the effective date of 26 withdrawal, and no withdrawal for the purposes of this section shall 27 take effect unless such county furnishes the resolutions and agreement 28 prior to the effective date of withdrawal. 29 2. The authority and any subsidiary corporation of the authority shall 30 enter into an agreement or agreements with a county that plans to with- 31 draw from the district to transfer and assign to such county all author- 32 ity and subsidiary railroad facilities and operations, rights and obli- 33 gations, and contract rights and obligations, including operating 34 contract rights and obligations, which are owned, operated, maintained 35 or used directly or by contract or which are otherwise involved in the 36 provision of railroad services to such counties. Such agreement shall 37 provide, in the event a facility, operation, right or obligation is 38 necessary and material to the provision of rail passenger service in the 39 district or is not assignable under applicable bond covenants or 40 contracts or the parties agree that it should not be assigned, that the 41 authority or subsidiary thereof shall continue to hold and be responsi- 42 ble for such facility, operation, right or obligation and that such 43 county shall reimburse to the authority that portion of the cost to the 44 authority or subsidiary of its retention of such facility, operation, 45 right or obligation that is allocable to such county. If the parties 46 agree that the authority or subsidiary thereof shall operate the rail- 47 road facilities in a county after the effective date of such county's 48 withdrawal, the agreement also shall provide for the terms and condi- 49 tions of the operation of such service. 50 3. Within forty-five days of the effective date of this section, the 51 authority and any subsidiary corporation of the authority shall provide 52 to the counties of Dutchess, Orange and Rockland a written statement, 53 including cost estimates and the useful life, if any, of all of its 54 facilities, operations, rights and obligations relating to the provision 55 of rail service in such counties.A. 2196 182 1 4. The authority and any subsidiary corporation of the authority is 2 authorized to enter into an agreement or agreements with a county that 3 plans to withdraw from the district, pursuant to which the authority or 4 subsidiary thereof will provide technical assistance to such county 5 prior to, during and after the withdrawal, with respect to the transfer 6 of ownership, operation, maintenance and use of railroad facilities 7 within such county. Such agreement may provide that the county reimburse 8 the authority or its subsidiary for the cost to the authority and its 9 subsidiary for the provision of such technical assistance. 10 5. The authority shall have no obligation to undertake or continue any 11 project or part thereof in a current or future capital program plan 12 which pertains to railroad facilities within or services to a county 13 that withdraws from the district on or after such date of withdrawal nor 14 shall the authority enter into any contract for a project or part there- 15 of which would increase liabilities pursuant to subdivision six of this 16 section in a county after such county notifies the authority of its 17 intent to withdraw as provided in subdivision one of this section, 18 provided, however, that if the authority has executed a contract for the 19 effectuation of a project or part thereof in a capital program plan in 20 such county, it shall be assigned to such county in accordance with 21 subdivision two of this section, unless the parties agree that it shall 22 not be assigned and that the authority or its subsidiary shall continue 23 to be responsible therefor, in which event the county shall reimburse 24 the authority or its subsidiary in accordance with the provisions of 25 subdivision two of this section. 26 6. Any county which withdraws from the district shall reimburse to the 27 authority or its subsidiary, within the time period agreed to by the 28 parties, any capital expenditures heretofore undertaken by the authori- 29 ty, the metropolitan transportation authority or its subsidiary for 30 railroad facilities only within such county which were financed by 31 commuter railroad revenue bonds issued by the metropolitan transporta- 32 tion authority pursuant to section twelve hundred sixty-nine of this 33 article or by the authority pursuant to section thirteen hundred forty- 34 nine-xxxx of this title and are assigned to such county in accordance 35 with the provisions of subdivision two of this section. 36 7. The obligations of a county that withdraws from the district to 37 reimburse the authority and any subsidiary corporation of the authority 38 for the costs of operation, maintenance and use of passenger stations 39 pursuant to section thirteen hundred forty-nine-rrrrr of this title, 40 shall continue for any such costs incurred up to the effective date of 41 the county's withdrawal from the district and for costs incurred there- 42 after that result from acts preceding such withdrawal, and the applica- 43 bility of the payment provisions and procedures of such section thirteen 44 hundred forty-nine-rrrrr to such county shall continue thereafter with 45 respect to the aforesaid costs. 46 8. In the event of a county's failure to make payment of any monies 47 determined by the authority to be owed and due it or any subsidiary 48 corporation of the authority pursuant to the terms of any agreement 49 entered into pursuant to this section, the authority is authorized to 50 recover such payments in the same manner as in section thirteen hundred 51 forty-nine-rrrrr of this title and the state comptroller shall withhold 52 and pay monies to the authority in accordance with the procedures set 53 forth in that section. 54 9. The term of office of any resident of a county that withdraws from 55 the district under this section, as a member of the board of the author- 56 ity, the Metro-North rail commuter council or the management advisoryA. 2196 183 1 board, which is based upon residence in such county, shall terminate 2 upon the county's withdrawal and the office shall be deemed vacant and 3 filled in the manner provided by law. 4 10. The provisions of this section and all agreements undertaken in 5 accordance herewith shall be subject to the rights of the holders of any 6 outstanding bonds or notes issued by the authority. 7 § 1349-xxxxx. The office of legislative and community input. 1. The 8 chairperson of the authority shall establish the office of legislative 9 and community input for the purpose of communicating information to, and 10 receiving comments, concerns and recommendations from, members of the 11 legislature, and members of the permanent citizens advisory committee to 12 the authority, as defined in section thirteen hundred forty-nine-qqqq of 13 this title, on the following: 14 (a) the operations of the rapid transit, omnibus and commuter rail 15 line facilities of the authority including, but not limited to: 16 (i) the quality of service provided on any rapid transit, omnibus, and 17 commuter rail line or route; 18 (ii) the frequency of operating service on the authority's mass trans- 19 it facilities; 20 (iii) the maintenance and condition of the authority's mass transit 21 facilities including, but not limited to, rapid transit and commuter 22 rail stations, railcars, buses, rail lines, fare collection systems and 23 sound systems; and 24 (iv) proposed service changes, including any reductions or expansion 25 of services, as it relates to the authority's mass transit facilities; 26 and 27 (b) any proposed, submitted and/or approved capital program plan, its 28 components, elements and projects, and associated expenditures. Any such 29 comments, concerns and recommendations relating to the capital program 30 plan, its components, elements and projects, and associated expenditures 31 shall be taken into consideration in the development of the current and 32 each successive capital program plan and/or any amendment to such plan. 33 2. The office shall establish a process to ensure timely notification 34 of the receipt of, and response to, comments, concerns, and recommenda- 35 tions by members of the legislature or members of the permanent citizens 36 advisory committee to the authority. 37 3. The chair and office shall prepare a report containing the follow- 38 ing information: 39 (a) a compilation of the comments, concerns, and recommendations 40 received by the office; 41 (b) how these comments, concerns or recommendations were or will be 42 addressed, such as the authority's response by the incorporation or 43 initiation of system and operational adjustments, improvements or expan- 44 sions if applicable; and 45 (c) how these comments, concerns or recommendations were or will be 46 addressed, such as the authority's response by changing or amending the 47 capital plan, as well as providing status updates on the progress of 48 such plan. 49 4. Such report shall on a biannual basis, commencing the first of 50 September next succeeding the effective date of this section, be submit- 51 ted to the governor, the temporary president of the senate and the 52 speaker of the assembly, be posted on the authority's website and also 53 be made readily available to the public. 54 § 1349-yyyyy. Debarment. The authority shall establish, pursuant to 55 regulation, a debarment process for contractors of the authority that 56 prohibits such contractors from bidding on future contracts, after aA. 2196 184 1 debarment determination by such authority, for a period of five years 2 from such determination. Such regulations shall ensure notice and an 3 opportunity to be heard before such debarment determination and provide 4 as a defense acts such as force majeure. Such regulations shall only 5 provide for a debarment in situations involving a contractor's failure 6 to substantially complete the work within the time frame set forth in 7 the contract, or in any subsequent change order, by more than ten 8 percent of the contract term; or where a contractor's disputed work 9 exceeds ten percent or more of the total contract cost where claimed 10 costs are deemed to be invalid pursuant by the contractual dispute 11 resolution process. 12 § 1349-zzzzz. Right to share employees. 1. It is hereby found and 13 declared to be necessary and proper to authorize the authority, its 14 subsidiaries, affiliates, and subsidiaries of affiliates, powers to 15 effectuate and ensure such entities continued financial viability, which 16 is at issue given sizable operating deficits and significant capital 17 needs. Allowing wholesale internal management reforms will create 18 savings, combat entrenched bureaucracies, create streamlined, uniform, 19 and efficient services, ensure public accountability and reestablish 20 public trust. In order to facilitate these necessary goals it is both 21 reasonable and a legitimate public purpose to provide systematic author- 22 ity for the sharing of employees within and between the respective enti- 23 ties. 24 2. Notwithstanding any provision of law to the contrary, the authori- 25 ty, its subsidiaries, affiliates, and subsidiaries of affiliates shall 26 each have the right to share employees within and between such entities 27 and to assign such employees to perform any operation or function 28 subject only to a determination that they are substantially similar to 29 any operation or function currently performed. Substantially similar 30 operation or function shall be determined exclusively by the authority. 31 3. Nothing set forth in this subdivision shall be construed to impede, 32 infringe or diminish the rights and benefits that accrue to employees 33 and employers through collective bargaining agreements, or impact or 34 change an employee's membership in a bargaining unit. 35 § 2. This act shall take effect January 1, 2024. 36 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section or part of this act shall be adjudged by any court of 38 competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section 41 or part thereof directly involved in the controversy in which such judg- 42 ment shall have been rendered. It is hereby declared to be the intent of 43 the legislature that this act would have been enacted even if such 44 invalid provisions had not been included herein. 45 § 3. This act shall take effect immediately provided, however, that 46 the applicable effective date of Parts A through E of this act shall be 47 as specifically set forth in the last section of such Parts.
