Bill Text: NY A01963 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes a committee on safety within the metropolitan transportation authority.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Engrossed - Dead) 2016-05-12 - advanced to third reading cal.575 [A01963 Detail]
Download: New_York-2015-A01963-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1963 2015-2016 Regular Sessions I N A S S E M B L Y January 13, 2015 ___________ Introduced by M. of A. BRENNAN, BROOK-KRASNY, COLTON, SKARTADOS, ABINAN- TI, OTIS -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BUCHWALD, CLARK, COOK, DAVILA, GALEF, GOTTFRIED, HOOPER, JAFFEE, LENTOL, MAYER, MILLER, MOSLEY, PERRY, RIVERA, SCHIMEL, TITONE -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to establishing a committee on safety within the metropolitan transportation authority THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (b) of subdivision 4 of section 1263 of the 2 public authorities law, as amended by chapter 549 of the laws of 1994, 3 is amended to read as follows: 4 (b) The chairman shall establish committees to assist him in the 5 performance of his duties and shall appoint members of the authority to 6 such committees. Among such committees, there shall be a committee on 7 operations of the New York city transit authority, the Manhattan and 8 Bronx surface transit operating authority and the Staten Island rapid 9 transit operating authority; a committee on operations of the Long 10 Island Rail Road and the metropolitan suburban bus authority; a commit- 11 tee on operations of the Metro-North commuter railroad; a committee on 12 operations of the Triborough bridge and tunnel authority; a committee on 13 finance; [and] a committee on capital program oversight; AND A COMMITTEE 14 ON SAFETY. In addition to such appointed members, each of the non-voting 15 members referred to in subparagraph two of paragraph (a) of subdivision 16 one of this section shall serve on the committee on capital program 17 oversight, the committee on finance, THE COMMITTEE ON SAFETY, the 18 committee on operations of the Triborough bridge and tunnel authority, 19 and the operations committee relevant to the commuter council that 20 recommended such member. The alternate non-voting members shall each 21 serve on the respective operations committee relevant to the commuter 22 council that recommended each member. The committee on capital program EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02508-01-5 A. 1963 2 1 oversight AND THE COMMITTEE ON SAFETY shall include not less than three 2 members, and shall include the chairpersons of the committee on oper- 3 ations of the New York city transit authority, the Manhattan and Bronx 4 surface transit operating authority and the Staten Island rapid transit 5 operating authority, the committee on operations of the Long Island Rail 6 Road and the metropolitan suburban bus authority, and the committee on 7 operations of the Metro-North commuter railroad. [Such] THE COMMITTEE ON 8 SAFETY SHALL CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIR- 9 PERSON, THAT IS A MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE 10 COMMITTEE ON SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS, OR 11 FAILURES INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND (3) 12 THE PUBLIC AT LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES. 13 THE CAPITAL PROGRAM committee shall, with respect to any approved or 14 proposed capital program plans, (i) monitor the current and future 15 availability of funds to be utilized for such plans approved or proposed 16 to be submitted to the metropolitan transportation capital program 17 review board as provided in section twelve hundred sixty-nine-b of this 18 title; (ii) monitor the contract awards of the metropolitan transporta- 19 tion authority and the New York city transit authority to insure that 20 such awards are consistent with (A) provisions of law authorizing United 21 States content and New York state content; (B) collective bargaining 22 agreements; (C) provisions of law providing for participation by minori- 23 ty and women-owned businesses; (D) New York state labor laws; (E) 24 competitive bidding requirements including those regarding sole source 25 contracts; and (F) any other relevant requirements established by law; 26 (iii) monitor the award of contracts to determine if such awards are 27 consistent with the manner in which the work was traditionally performed 28 in the past provided, however, that any such determination shall not be 29 admissible as evidence in any arbitration or judicial proceeding; (iv) 30 review the relationship between capital expenditures pursuant to each 31 such capital program plan and current and future operating budget 32 requirements; (v) monitor the progress of capital elements described in 33 each capital program plan approved as provided in section twelve hundred 34 sixty-nine-b of this title; (vi) monitor the expenditures incurred and 35 to be incurred for each such element; and (vii) identify capital 36 elements not progressing on schedule, ascertain responsibility therefor 37 and recommend those actions required or appropriate to accelerate their 38 implementation. The CAPITAL PROGRAM committee shall issue a quarterly 39 report on its activities and findings, and shall in connection with the 40 preparation of such quarterly report, consult with the state division of 41 the budget, the state department of transportation, the members of the 42 metropolitan transportation authority capital program review board and 43 any other group the committee deems relevant, including public employee 44 organizations, and, at least annually, with a nationally recognized 45 independent transit engineering firm. Such report shall be made avail- 46 able to the members of the authority, to the members of the metropolitan 47 transportation authority capital program review board, and the directors 48 of the municipal assistance corporation for the city of New York. 49 S 2. Paragraph (b) of subdivision 4 of section 1263 of the public 50 authorities law, as amended by chapter 494 of the laws of 1990, is 51 amended to read as follows: 52 (b) The chairman shall establish committees to assist him in the 53 performance of his duties and shall appoint members of the authority to 54 such committees. Among such committees, there shall be a committee on 55 operations of the New York city transit authority, the Manhattan and 56 Bronx surface transit operating authority and the Staten Island rapid A. 1963 3 1 transit operating authority; a committee on operations of the Long 2 Island Rail Road and the metropolitan suburban bus authority; a commit- 3 tee on operations of the Metro-North commuter railroad; a committee on 4 operations of the Triborough bridge and tunnel authority; a committee on 5 finance; [and] a committee on capital program oversight; AND A COMMITTEE 6 ON SAFETY. The committee on capital program oversight shall include not 7 less than [three] FOUR members, and shall include the chairpersons of 8 the committee on operations of the New York city transit authority, the 9 Manhattan and Bronx surface transit operating authority and the Staten 10 Island rapid transit operating authority, the committee on operations of 11 the Long Island Rail Road and the metropolitan suburban bus authority, 12 [and] the committee on operations of the Metro-North commuter railroad, 13 AND THE COMMITTEE ON SAFETY. [Such] THE COMMITTEE ON SAFETY SHALL 14 CONVENE AT LEAST ONCE ANNUALLY AND EACH COMMITTEE CHAIRPERSON, THAT IS A 15 MEMBER OF THE COMMITTEE ON SAFETY, SHALL REPORT TO THE COMMITTEE ON 16 SAFETY ANY AND ALL INITIATIVES, CONCERNS, IMPROVEMENTS, OR FAILURES 17 INVOLVING THE SAFETY OF: (1) CUSTOMERS; (2) EMPLOYEES; AND (3) THE 18 PUBLIC AT LARGE, IN RELATION TO AUTHORITY FACILITIES AND SERVICES. THE 19 CAPITAL PROGRAM committee shall, with respect to any approved or 20 proposed capital program plans, (i) monitor the current and future 21 availability of funds to be utilized for such plans approved or proposed 22 to be submitted to the metropolitan transportation capital program 23 review board as provided in section twelve hundred sixty-nine-b of this 24 title; (ii) monitor the contract awards of the metropolitan transporta- 25 tion authority and the New York city transit authority to insure that 26 such awards are consistent with (A) provisions of law authorizing United 27 States content and New York state content; (B) collective bargaining 28 agreements; (C) provisions of law providing for participation by minori- 29 ty and women-owned businesses; (D) New York state labor laws; (E) 30 competitive bidding requirements including those regarding sole source 31 contracts; and (F) any other relevant requirements established by law; 32 (iii) monitor the award of contracts to determine if such awards are 33 consistent with the manner in which the work was traditionally performed 34 in the past provided, however, that any such determination shall not be 35 admissible as evidence in any arbitration or judicial proceeding; (iv) 36 review the relationship between capital expenditures pursuant to each 37 such capital program plan and current and future operating budget 38 requirements; (v) monitor the progress of capital elements described in 39 each capital program plan approved as provided in section twelve hundred 40 sixty-nine-b of this title; (vi) monitor the expenditures incurred and 41 to be incurred for each such element; and (vii) identify capital 42 elements not progressing on schedule, ascertain responsibility therefor 43 and recommend those actions required or appropriate to accelerate their 44 implementation. The CAPITAL PROGRAM committee shall issue a quarterly 45 report on its activities and findings, and shall in connection with the 46 preparation of such quarterly report, consult with the state division of 47 the budget, the state department of transportation, the members of the 48 metropolitan transportation authority capital program review board and 49 any other group the committee deems relevant, including public employee 50 organizations, and, at least annually, with a nationally recognized 51 independent transit engineering firm. Such report shall be made avail- 52 able to the members of the authority, to the members of the metropolitan 53 transportation authority capital program review board, and the directors 54 of the municipal assistance corporation for the city of New York. 55 S 3. This act shall take effect immediately, provided that the amend- 56 ments to paragraph (b) of subdivision 4 of section 1263 of the public A. 1963 4 1 authorities law made by section one of this act shall be subject to the 2 expiration and reversion of such subdivision pursuant to section 3 of 3 chapter 549 of the laws of 1994, as amended, when upon such date the 4 provisions of section two of this act shall take effect.