Bill Text: NY A09838 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to port authority organization, appearance and notice; establishes the port authority advisory committee.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-07-18 - print number 9838b [A09838 Detail]

Download: New_York-2019-A09838-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9838--B

                   IN ASSEMBLY

                                    February 20, 2020
                                       ___________

        Introduced  by  M.  of  A. PAULIN, OTIS -- read once and referred to the
          Committee on Corporations, Authorities and Commissions -- reported and
          referred to the Committee on Ways and Means --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend  chapter 154 of the laws of 1921 relating to the port
          authority of New York and New Jersey, in relation  to  port  authority
          organization, appearance and notice

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 1, 2, 5 and 6 of article 4  of  section  1  of
     2  chapter  154  of  the laws of 1921 relating to the port authority of New
     3  York and New Jersey, as amended by chapter 559  of  the  laws  of  2015,
     4  paragraph  a  of  subdivision 6 as amended by chapter 104 of the laws of
     5  2020, are amended to read as follows:
     6    1. Commissioners. a. The port authority shall consist of twelve voting
     7  commissioners and four non-voting commissioners as  described  in  para-
     8  graph  b  of  this  subdivision.   Of the twelve voting commissioners[,]
     9  there shall be six resident voters from the state of New York, at  least
    10  four  of  whom shall be resident voters of the city of New York, and six
    11  resident voters from the state of New Jersey,  at  least  four  of  whom
    12  shall  be resident voters within the New Jersey portion of the district,
    13  the New York members to be chosen by the state of New York and  the  New
    14  Jersey  members  by  the  state  of New Jersey in the manner and for the
    15  terms fixed and determined from time to time by the legislature of  each
    16  state  respectively,  except  as herein provided.   The New York members
    17  shall be appointed by the governor of  New  York  with  the  advice  and
    18  consent  of  the New York state senate.  The New Jersey members shall be
    19  appointed by the governor of New Jersey with the advice and  consent  of
    20  the  New  Jersey  state  senate.  Each  commissioner  may  be removed or
    21  suspended from office as provided by the law of the state from which  he
    22  shall  be  appointed. Any commissioner appointed to a term commencing on
    23  or after January 1, 2021 shall have experience in one  or  more  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15443-06-0
        A. 9838--B                          2

     1  following   areas:    transportation,  public  administration,  business
     2  management, finance, accounting, law, engineering, land use,  urban  and
     3  regional   planning,   management   of  large  capital  projects,  labor
     4  relations,  or  experience in some other area of activity central to the
     5  mission of the port authority.   One of  the  six  voting  commissioners
     6  chosen by the state of New York shall be appointed on the written recom-
     7  mendation of the mayor of the city of New York. The voting commissioners
     8  shall  be appointed for a term of six years and shall serve no more than
     9  two terms. The terms of the voting commissioners shall be  staggered  so
    10  that three of the six voting commissioners appointed by the state of New
    11  York  will  have their terms expire in alternating three year shifts and
    12  three of the six voting commissioners appointed  by  the  state  of  New
    13  Jersey will have their terms expire in alternating three years shifts.
    14    b. There shall be four non-voting commissioners of the port authority,
    15  as established in paragraph a of this subdivision.  The first non-voting
    16  commissioner  shall  be  a regular mass transit user of the state of New
    17  York based facilities of the authority and be recommended to the  gover-
    18  nor  of the state of New York by a rider advocacy group. The second non-
    19  voting commissioner shall be a regular user of the state of  New  Jersey
    20  based facilities of the authority and shall be recommended to the gover-
    21  nor  of  the  state  of  New Jersey by a rider advocacy group. The third
    22  non-voting commissioner shall be recommended  to  the  governor  of  the
    23  state of New York by the labor organization representing the majority of
    24  authority  employees  working in the state of New York.  The fourth non-
    25  voting commissioner shall be recommended to the governor of the state of
    26  New Jersey by  the  labor  organization  representing  the  majority  of
    27  authority  employees  working  in the state of New Jersey. The four non-
    28  voting commissioners of the port authority shall be appointed for a term
    29  of six years and shall serve no more than two terms.
    30    2. Officers. a. The officers of the port authority shall be [a  chair-
    31  person, a vice chairperson] two co-chairpersons, a chief executive offi-
    32  cer,  a  general  counsel, a chief financial officer, a chief ethics and
    33  compliance officer, an inspector general, a  treasurer,  a  comptroller,
    34  and  a  secretary.  Beginning  upon the next hiring of a chief executive
    35  officer [but no later than a year from the effective date of the chapter
    36  of the laws of 2015 that amended this article], the positions of [chair-
    37  person and vice chairperson] co-chairpersons shall  [be  rotated  for  a
    38  term  of  two  years  among  commissioners appointed by New York and New
    39  Jersey, with a chairperson elected first from among those  commissioners
    40  appointed  by  the  governor  of New York and a vice chairperson elected
    41  first from among those commissioners appointed by the  governor  of  New
    42  Jersey,  after  which  the  next chairperson shall be elected from among
    43  those appointed by the governor of New Jersey and the next  vice  chair-
    44  person  shall  be  elected from among those appointed by the governor of
    45  New York and thereafter the positions of  chairperson  and  vice  chair-
    46  person  shall  rotate  every  two years in the same order as established
    47  herein provided that the failure of the board of commissioners to  elect
    48  a new chairperson and vice chairperson shall not prevent the rotation of
    49  the positions of chairperson and vice chairperson to the next succeeding
    50  state]  commence  with  one co-chairperson to be elected by the board of
    51  commissioners from among such commissioners upon the  recommendation  of
    52  the  governor  of  the  state  of  New York and one co-chairperson to be
    53  elected by the board of commissioners from among such commissioners upon
    54  the recommendation of the governor of  the  state  of  New  Jersey.  The
    55  co-chairpersons  shall  jointly  determine items to be included on board
    56  agendas by the affirmative  approval  of  each  co-chairperson,  jointly
        A. 9838--B                          3

     1  preside over meetings of the board, and jointly fulfill all other duties
     2  of a board chairperson.
     3    b. No commissioner, including [the chairperson] either co-chairperson,
     4  shall  serve  as  the  port authority's chief executive officer, general
     5  counsel, chief financial officer, chief ethics and  compliance  officer,
     6  inspector general, or comptroller, or hold any other equivalent position
     7  while serving as a commissioner.
     8    5.  Whistleblower  access  and assistance program. a. The chief ethics
     9  and compliance officer shall recommend to the board of  commissioners  a
    10  whistleblower  access  and  assistance program to be administered by the
    11  inspector general which shall include, but not be limited to:
    12    (1) establishing an  email  address  and  toll-free  telephone  [and],
    13  facsimile, and text messaging lines available to employees;
    14    (2)  offering  advice regarding employee rights under applicable state
    15  and federal laws and advice and options available to all persons; and
    16    (3) offering an opportunity for employees to identify concerns regard-
    17  ing any issue at  the  port  authority.  Any  communication  between  an
    18  employee  and  the  inspector  general pursuant to this section shall be
    19  held strictly confidential by the inspector general, unless the employee
    20  specifically waives in writing the right to confidentiality, except that
    21  such  confidentiality  shall  not  exempt  the  inspector  general  from
    22  disclosing  such information, where appropriate, to the board of commis-
    23  sioners and/or any law enforcement authority.
    24    b. The port authority shall  not  fire,  discharge,  demote,  suspend,
    25  threaten,  harass,  or  discriminate  against an employee because of the
    26  employee's role as a whistleblower, insofar as the actions taken by  the
    27  employee are legal.
    28    c. As used in this subdivision:
    29    (1)  "Employees"  means  those persons employed at the port authority,
    30  including but not limited to: full-time and part-time  employees,  those
    31  employees on probation, and temporary employees.
    32    (2)  "Whistleblower"  means  any  employee  of  the port authority who
    33  discloses information concerning acts of wrongdoing, misconduct, malfea-
    34  sance, or other inappropriate behavior by an employee or board member of
    35  the port authority, including, but not limited to, concerning  the  port
    36  authority's investments, travel, acquisition of real or personal proper-
    37  ty,  the disposition of real or personal property, or the procurement of
    38  goods and services.
    39    6. Inspector general. a. The inspector general  shall  be  responsible
    40  for  receiving  and  investigating,  where  appropriate,  all complaints
    41  regarding fraud,  waste,  and  abuse  by  commissioners,  officers,  and
    42  employees of the port authority or third-parties doing business with the
    43  port  authority.   The inspector general shall also receive and investi-
    44  gate complaints from any source, or upon  his  or  her  own  initiative,
    45  concerning  allegations  of  corruption,  fraud, use of excessive force,
    46  criminal activity, conflicts of interest or abuse by any police  officer
    47  under  the  jurisdiction  of  the  Port Authority. The inspector general
    48  shall also be responsible for conducting investigations upon the inspec-
    49  tor general's own initiative, as the inspector general shall deem appro-
    50  priate.
    51    b. The inspector general shall inform the board of  commissioners  and
    52  the  chief  executive  officer  of allegations received by the inspector
    53  general and the  progress  of  investigations  related  thereto,  unless
    54  special circumstances require confidentiality;
    55    c.  The  inspector general shall determine with respect to allegations
    56  received by the inspector general whether disciplinary action  or  civil
        A. 9838--B                          4

     1  prosecution by the port authority is appropriate, and whether the matter
     2  should  be  referred  to  an appropriate governmental agency for further
     3  action;
     4    d.  The  inspector  general  shall  prepare  and make available to the
     5  public written reports of completed investigations, as  appropriate  and
     6  to  the extent permitted by law, subject to redactions to protect a need
     7  for confidentiality. The release of all or portions of  reports  may  be
     8  deferred to protect the confidentiality of ongoing investigations.
     9    e. The inspector general shall have the power to:
    10    (1) administer oaths or affirmations and examine witnesses under oath;
    11    (2)  require the production of any books and papers deemed relevant or
    12  material to any investigation, examination or review;
    13    (3) notwithstanding any law to  the  contrary,  examine  and  copy  or
    14  remove  documents or records of any kind prepared, maintained or held by
    15  the port authority and its subsidiaries;
    16    (4) interview any officer or employee of the  port  authority  or  its
    17  subsidiaries on any matter related to the performance of such officer or
    18  employee's  official  duties.  To  the  extent that [any portion of this
    19  paragraph is inconsistent with any current  contractual  obligations  of
    20  the  port  authority,  this  paragraph  shall not be applicable to those
    21  obligations until the earliest  expiration  of  those  terms  under  the
    22  contract]  the  terms  and  conditions of employment of any employee are
    23  established by collective negotiations, any interview conducted pursuant
    24  to this paragraph must be in accordance with any  applicable  provisions
    25  of  the  current,  or  most  recent, if expired, collective negotiations
    26  agreement covering the terms and conditions of employment of the employ-
    27  ee;
    28    (5) monitor the implementation by the port authority of any  recommen-
    29  dations made by the inspector general; and
    30    (6)  perform  any other functions that are necessary or appropriate to
    31  fulfill the duties and responsibilities of office.
    32    § 2. Subdivisions 1 and 3 of article 7-B of section 1 of  chapter  154
    33  of  the  laws of 1921 relating to the port authority of New York and New
    34  Jersey, as added by chapter 559 of the laws of 2015, are amended to read
    35  as follows:
    36    1. Needs assessment. The port authority shall  require  that  a  needs
    37  assessment  be  conducted by an independent entity prior to any increase
    38  in tolls for the use of any port authority bridge or  tunnel,  or  fares
    39  for  the use of the port authority trans-Hudson corporation rail system.
    40  The assessment  shall  be  made  publicly  available  in  a  conspicuous
    41  location  on the port authority's website and presented by the independ-
    42  ent entity to the board of commissioners at a public meeting to be  held
    43  at  least ninety days prior to any meeting of the board of commissioners
    44  to vote to any increase in the tolls for the use of any  port  authority
    45  bridge  or tunnel, or fares for the use of the port authority trans-Hud-
    46  son corporation rail system.
    47    3. Appearance. a. The port authority, at the request of  the  Assembly
    48  or  Senate  of the New York state legislature or the General Assembly or
    49  Senate of the New Jersey state legislature, shall be required to  appear
    50  before  a  committee  of  the  requesting  state legislative house, upon
    51  request by the presiding officer of that  state  legislative  house,  to
    52  present  testimony on any topic or subject requested by the committee or
    53  to respond to questions by members of the committee.   The  Assembly  of
    54  the  New York state legislature, the Senate of the New York state legis-
    55  lature, the General Assembly of the New Jersey  state  legislature,  and
        A. 9838--B                          5

     1  the Senate of the New Jersey state legislature shall each be entitled to
     2  two such requests per calendar year.
     3    b.  Unless  otherwise  agreed to by the presiding officer of the state
     4  legislative house requesting the appearance of the port  authority,  the
     5  port  authority  shall, at a minimum, be represented by a co-chairperson
     6  of the board, chief executive officer, the chief financial officer,  and
     7  any  staff  deemed  necessary by such co-chairperson of the board, chief
     8  executive officer, or the chief financial officer to  present  testimony
     9  or  respond  to  questions  at  any appearance required pursuant to this
    10  section.  The presiding officer may request the appearance of any  offi-
    11  cer or employee of the port authority.  For purposes of this section, as
    12  applicable  to New York state "presiding officer" shall mean the speaker
    13  of the Assembly of the New York state legislature or temporary president
    14  of the Senate of the New York state legislature.  For purposes  of  this
    15  section,  as  applicable  to the state of New Jersey "presiding officer"
    16  shall mean the president of the senate or the  speaker  of  the  general
    17  assembly of the state of New Jersey.
    18    4.  Subsidiaries  of  the  port authority. a. The port authority shall
    19  provide notice to the governor of each state,  the  majority  leader  of
    20  each  house  of  the legislature of each state, the chair of the finance
    21  committee of New York, the chair of the senate budget and appropriations
    22  committee of New Jersey, the chair of assembly ways and means  committee
    23  of New York, and the chair of the budget committee of New Jersey that it
    24  will  be  creating a subsidiary no less than 60 days prior to the forma-
    25  tion of the subsidiary.
    26    b. The creation of a subsidiary corporation shall be approved  by  the
    27  board of commissioners.
    28    c.  [On or before the first day of January, two thousand sixteen, and]
    29  Within 60 days of the effective date of the chapter of the laws of  2020
    30  that amended this subdivision, and on or before the first day of January
    31  each  year  annually  thereafter, any subsidiary corporation, in cooper-
    32  ation with the port authority, shall provide to the governor and  legis-
    33  lature of each state a report on the subsidiary corporation. Such report
    34  shall include for each subsidiary:
    35    (1)  The  complete  legal name, address and contact information of the
    36  subsidiary;
    37    (2) The structure of the organization of the subsidiary, including the
    38  names and titles of each of its members, directors and officers, as well
    39  as a chart of its organizational structure;
    40    (3) The complete by-laws and legal organization papers of the  subsid-
    41  iary;
    42    (4) A complete report of the purpose, operations, mission and projects
    43  of the subsidiary; and
    44    (5)  Any  other information the subsidiary corporation deems important
    45  to include in such report.
    46    d. 60 days prior to the issuance of any debt by the subsidiary  corpo-
    47  ration,  or  the port authority on behalf of the subsidiary corporation,
    48  the port authority shall provide notice to the governor of  each  state,
    49  the  majority leader of each house of the legislature of each state, the
    50  chair of the senate finance committee of New  York,  the  chair  of  the
    51  senate  budget  and appropriations committee of New Jersey, the chair of
    52  the assembly ways and means committee of New York, and the chair of  the
    53  assembly  budget committee of New Jersey.  For purposes of this section,
    54  as applicable to New York state "majority leader" shall mean the speaker
    55  of the assembly of the New York state legislature or temporary president
    56  of the senate of the New York state legislature.  For purposes  of  this
        A. 9838--B                          6

     1  section,  as  applicable  to  the  state of New Jersey "majority leader"
     2  shall mean the president of the senate or the  speaker  of  the  general
     3  assembly of the state of New Jersey.
     4    § 3. Paragraph b of subdivision 1 of article 7-C of section 1 of chap-
     5  ter  154  of the laws of 1921 relating to the port authority of New York
     6  and New Jersey, as added by chapter 559 of the laws of 2015, is  amended
     7  to read as follows:
     8    b. a financial section including: (1) an independent auditor's report;
     9  (2)  management's discussion and analysis; (3) financial statements; (4)
    10  its financial reports certified by the [chair and vice-chair]  co-chairs
    11  of  the  board,  chief executive officer, and chief financial officer of
    12  the port authority, including (a) audited financials in accordance  with
    13  generally  accepted  accounting  principles,  known  as  GAAP,  and  the
    14  accounting standards issued by  the  governmental  accounting  standards
    15  board,  known  as  GASB,  (b)  grant  and  subsidy programs, (c) current
    16  ratings, if any, of its bonds issued by recognized bond rating  agencies
    17  and  notice  of  changes in such ratings, and (d) long-term liabilities,
    18  including leases and employee benefit plans; (5) a schedule of its bonds
    19  and notes outstanding at the end of its fiscal  year,  together  with  a
    20  statement  of  the amounts redeemed and incurred during such fiscal year
    21  as part of a schedule of debt issuance that includes the date  of  issu-
    22  ance,  term,  amount, interest rate and means of repayment including all
    23  refinancings, calls, refundings, defeasements and interest rate exchange
    24  or other such agreements; and (6) at a  minimum  a  four-year  financial
    25  plan,  including  (a) a current and projected capital budget, and (b) an
    26  operating budget report, including an actual  versus  estimated  budget,
    27  with an analysis and measurement of financial and operating performance.
    28    §  4.  Subdivisions 3 and 4 of article 7-D of section 1 of chapter 154
    29  of the laws of 1921 relating to the port authority of New York  and  New
    30  Jersey,  as  added by chapter 559 of the laws of 2015, are amended and a
    31  new subdivision 5 is added to read as follows:
    32    3. Capital plan. a. The port authority shall adopt a ten-year  capital
    33  plan  that is developed using a comprehensive planning process and risk-
    34  based prioritization that considers  asset  condition,  operational  and
    35  revenue  impact,  threat assessment, customer service, regional benefit,
    36  and regulatory or statutory requirements.  The  capital  plan  shall  be
    37  dependent   upon  the  availability  of  sufficient  funding  and  other
    38  resources to pursue the capital projects proposed for the ten-year peri-
    39  od. Performance progress and revisions to reflect changes  in  programs,
    40  policies  and  projects  and the environment in which the port authority
    41  operates shall be reviewed regularly by a committee  designated  by  the
    42  board  of  commissioners,  and the capital plan shall be revised period-
    43  ically as necessary and appropriate, and  shall  be  reviewed  with  the
    44  board  of  commissioners  annually.  The port authority shall publish an
    45  annual report on the status of the capital program and such report shall
    46  be made publicly available on the port  authority's  website.  Prior  to
    47  adoption  of a capital plan, the port authority shall make such proposed
    48  plan available for public review and comments on its public website  for
    49  at  least  [two] four weeks prior to approval, and all comments received
    50  are to be distributed to the board of commissioners for review prior  to
    51  consideration of the capital plan.
    52    b.  The  port authority shall also provide that major capital projects
    53  are monitored by independent engineering  consultants.  The  independent
    54  consultants shall prepare annual reports to be provided to the board and
    55  made available to the public. The annual reports prepared by independent
    56  consultants shall include, but not be limited to, a comparison of actual
        A. 9838--B                          7

     1  and target performance measures including, but not limited to, costs and
     2  construction  schedules,  and a narrative explanation of any discrepancy
     3  thereof. For the purposes of this section, "major capital project" means
     4  an  undertaking or program for the acquisition, creation, or development
     5  of any crossing, transportation facility, or commerce  facility  or  any
     6  part  thereof,  with  an  estimated  total  project  cost  in  excess of
     7  $500,000,000.
     8    c. No less than 60 days prior to any board adoption of a capital  plan
     9  as  described  in paragraph a of this subdivision, or any major revision
    10  of the last adopted capital plan, the port authority shall:  (1)  notify
    11  the assembly and senate of the New York state legislature and the gener-
    12  al assembly and senate of the New Jersey state legislature of its inten-
    13  tion  to adopt a capital plan, or any major revision of the last adopted
    14  capital plan; (2) submit to the assembly and  senate  of  the  New  York
    15  state  legislature and the general assembly and senate of the New Jersey
    16  state legislature the proposed capital plan, or any proposal  constitut-
    17  ing  a  major  revision  of the last adopted capital plan, for review by
    18  each state legislature; and (3) make the proposed capital plan,  includ-
    19  ing any proposal constituting a major revision of the last adopted capi-
    20  tal plan, publicly available on the port authority website.
    21    d. Within 60 days of the notice provided in paragraph c of this subdi-
    22  vision,  the  port  authority  shall  conduct a public hearing about the
    23  capital plan or any major revision thereof in New York state and in  the
    24  state of New Jersey.
    25    e.  The port authority shall conduct a status update public hearing in
    26  New York state and in the state of New Jersey at least once every  three
    27  years after the adoption of the capital plan by the port authority. Such
    28  public  hearing shall be known as "capital status update hearing" and at
    29  such hearing the port  authority  shall  provide  in  detail  a  written
    30  description of the status of all capital plan projects and the costs and
    31  the  expected  costs of those projects. At such public hearing, the port
    32  authority shall provide a financing plan that identifies the  source  of
    33  funding  for  each project. The port authority shall provide an analysis
    34  that compares actual and target performance  measures,  and  a  detailed
    35  written explanation of any discrepancy thereof at the public hearing.
    36    4. Operating budget. The port authority shall prepare a detailed annu-
    37  al  operating budget beginning with the fiscal year commencing after the
    38  effective date of the chapter of the laws of [2015] 2020  which  [added]
    39  amended  this  article.  A  preliminary annual operating budget shall be
    40  made publicly available on the port authority's website in July of every
    41  fiscal year and a final annual operating budget shall be  made  publicly
    42  available in February of each fiscal year.
    43    5. Port Authority Transportation Advisory Committee. a. There is here-
    44  by  established a port authority transportation advisory committee.  The
    45  purpose of the committee shall be to facilitate coordination between and
    46  among the transportation agencies  and  officials  in  each  state  that
    47  provide  service  or  conduct  business  within  the  port district. The
    48  committee shall consist of 13 members, to be appointed as follows:
    49    (1) one individual appointed jointly by  the  co-chairs  of  the  Port
    50  Authority;
    51    (2)  the  executive director of the New Jersey transit corporation, ex
    52  officio, or the executive director's designee;
    53    (3) the chair of the metropolitan transportation authority,  ex  offi-
    54  cio, or the chair's designee;
    55    (4)  the  commissioner  of the New York city department of transporta-
    56  tion, ex officio, or the commissioner's designee;
        A. 9838--B                          8

     1    (5) the chairperson of the  National  Railroad  Passenger  Corporation
     2  Board of Directors, ex officio, or the chairperson's designee;
     3    (6)  the  commissioner of the New Jersey department of transportation,
     4  ex officio, or the commissioner's designee;
     5    (7) the commissioner of the New York state department  of  transporta-
     6  tion, ex officio, or the commissioner's designee;
     7    (8)  one individual from the New Jersey executive branch, appointed by
     8  the governor of New Jersey;
     9    (9) one individual from the New York state executive branch, appointed
    10  by the governor of New York;
    11    (10) one individual appointed by the president of the New Jersey state
    12  senate;
    13    (11) one individual appointed by the speaker of the New  Jersey  state
    14  general assembly;
    15    (12)  one  individual  appointed by the temporary president of the New
    16  York state senate; and
    17    (13) one individual appointed by the speaker of  the  New  York  state
    18  assembly.
    19    b.  The  individual  appointed  jointly  by  the co-chairs of the port
    20  authority shall serve  for  a  term  of  three  years.  The  legislative
    21  appointments  shall  serve for a term of two years each. The individuals
    22  appointed from the executive branch of New Jersey and from the executive
    23  branch of New York shall serve at the pleasure of each respective gover-
    24  nor.
    25    c. Vacancies in the membership of the committee shall be filled in the
    26  same manner as the original appointments are made and a  member  may  be
    27  eligible for reappointment. Vacancies occurring other than by expiration
    28  of a term shall be filled for the unexpired term.
    29    d.  The  members of the committee shall serve without compensation but
    30  shall be reimbursed for reasonable expenses necessarily incurred in  the
    31  performance  of  their duties within the limits of funds appropriated or
    32  otherwise made available to the committee for its purposes.
    33    e. The individual appointed jointly  by  the  co-chairs  of  the  port
    34  authority  shall  serve as the chair of the committee. The committee may
    35  appoint a secretary who need not be  a  member  of  the  committee.  The
    36  committee  shall  meet  quarterly, at a minimum, to discuss the region's
    37  transportation needs and to facilitate coordination  between  and  among
    38  the  transportation  agencies  and  officials in each state and the port
    39  district in furtherance of the region's transportation needs.
    40    f. The committee and each meeting of the committee shall  serve  as  a
    41  vehicle  for  each  committee  member  to  share  information about that
    42  member's agency and the agency's upcoming plans and objectives. Prior to
    43  the commencement by an agency represented on the committee of any  major
    44  capital  project  with  an  estimated cost in excess of $50 million, the
    45  individual representing that agency shall  notify  all  members  of  the
    46  committee.
    47    § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
    48  sion,  section  or  part  of  this act shall be adjudged by any court of
    49  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    50  impair,  or  invalidate  the remainder thereof, but shall be confined in
    51  its operation to the clause, sentence, paragraph,  subdivision,  section
    52  or part thereof directly involved in the controversy in which such judg-
    53  ment shall have been rendered. It is hereby declared to be the intent of
    54  the  legislature  that  this  act  would  have been enacted even if such
    55  invalid provisions had not been included herein.
        A. 9838--B                          9

     1    § 6. This act shall take effect upon the enactment  into  law  by  the
     2  state  of New Jersey of legislation having an identical effect with this
     3  act, but if the state of New Jersey  shall  have  already  enacted  such
     4  legislation  this  act shall take effect immediately. The co-chairperson
     5  of the port authority as recommended by the governor of the state of New
     6  York  shall  notify  the  legislative  bill drafting commission upon the
     7  occurrence of the enactment of the legislation provided for in  sections
     8  one,  two,  three  and four of this act in order that the commission may
     9  maintain an accurate and timely effective data base of the official text
    10  of the laws of the state of New York in furtherance of effectuating  the
    11  provisions  of section 44 of the legislative law and section 70-b of the
    12  public officers law.