Bill Text: NY S05002 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes a committee on safety within the metropolitan transportation authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-12-21 - SIGNED CHAP.425 [S05002 Detail]
Download: New_York-2017-S05002-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5002 2017-2018 Regular Sessions IN SENATE March 3, 2017 ___________ Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to establishing a committee on safety within the metropolitan transportation authority The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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 23 oversight and the committee on safety shall include not less than three 24 members, and shall include the chairpersons of the committee on oper- 25 ations of the New York city transit authority, the Manhattan and Bronx EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07575-01-7S. 5002 2 1 surface transit operating authority and the Staten Island rapid transit 2 operating authority, the committee on operations of the Long Island Rail 3 Road and the metropolitan suburban bus authority, and the committee on 4 operations of the Metro-North commuter railroad. [Such] The committee on 5 safety shall convene at least once annually and each committee chair- 6 person, that is a member of the committee on safety, shall report to the 7 committee on safety any and all initiatives, concerns, improvements, or 8 failures involving the safety of: (1) customers; (2) employees; and (3) 9 the public at large, in relation to authority facilities and services. 10 The capital program committee shall, with respect to any approved or 11 proposed capital program plans, (i) monitor the current and future 12 availability of funds to be utilized for such plans approved or proposed 13 to be submitted to the metropolitan transportation capital program 14 review board as provided in section twelve hundred sixty-nine-b of this 15 title; (ii) monitor the contract awards of the metropolitan transporta- 16 tion authority and the New York city transit authority to insure that 17 such awards are consistent with (A) provisions of law authorizing United 18 States content and New York state content; (B) collective bargaining 19 agreements; (C) provisions of law providing for participation by minori- 20 ty and women-owned businesses; (D) New York state labor laws; (E) 21 competitive bidding requirements including those regarding sole source 22 contracts; and (F) any other relevant requirements established by law; 23 (iii) monitor the award of contracts to determine if such awards are 24 consistent with the manner in which the work was traditionally performed 25 in the past provided, however, that any such determination shall not be 26 admissible as evidence in any arbitration or judicial proceeding; (iv) 27 review the relationship between capital expenditures pursuant to each 28 such capital program plan and current and future operating budget 29 requirements; (v) monitor the progress of capital elements described in 30 each capital program plan approved as provided in section twelve hundred 31 sixty-nine-b of this title; (vi) monitor the expenditures incurred and 32 to be incurred for each such element; and (vii) identify capital 33 elements not progressing on schedule, ascertain responsibility therefor 34 and recommend those actions required or appropriate to accelerate their 35 implementation. The capital program committee shall issue a quarterly 36 report on its activities and findings, and shall in connection with the 37 preparation of such quarterly report, consult with the state division of 38 the budget, the state department of transportation, the members of the 39 metropolitan transportation authority capital program review board and 40 any other group the committee deems relevant, including public employee 41 organizations, and, at least annually, with a nationally recognized 42 independent transit engineering firm. Such report shall be made avail- 43 able to the members of the authority, to the members of the metropolitan 44 transportation authority capital program review board, and the directors 45 of the municipal assistance corporation for the city of New York. 46 § 2. Paragraph (b) of subdivision 4 of section 1263 of the public 47 authorities law, as amended by chapter 494 of the laws of 1990, is 48 amended to read as follows: 49 (b) The chairman shall establish committees to assist him in the 50 performance of his duties and shall appoint members of the authority to 51 such committees. Among such committees, there shall be a committee on 52 operations of the New York city transit authority, the Manhattan and 53 Bronx surface transit operating authority and the Staten Island rapid 54 transit operating authority; a committee on operations of the Long 55 Island Rail Road and the metropolitan suburban bus authority; a commit- 56 tee on operations of the Metro-North commuter railroad; a committee onS. 5002 3 1 operations of the Triborough bridge and tunnel authority; a committee on 2 finance; [and] a committee on capital program oversight; and a committee 3 on safety. The committee on capital program oversight shall include not 4 less than [three] four members, and shall include the chairpersons of 5 the committee on operations of the New York city transit authority, the 6 Manhattan and Bronx surface transit operating authority and the Staten 7 Island rapid transit operating authority, the committee on operations of 8 the Long Island Rail Road and the metropolitan suburban bus authority, 9 [and] the committee on operations of the Metro-North commuter railroad, 10 and the committee on safety. [Such] The committee on safety shall 11 convene at least once annually and each committee chairperson, that is a 12 member of the committee on safety, shall report to the committee on 13 safety any and all initiatives, concerns, improvements, or failures 14 involving the safety of: (1) customers; (2) employees; and (3) the 15 public at large, in relation to authority facilities and services. The 16 capital program committee shall, with respect to any approved or 17 proposed capital program plans, (i) monitor the current and future 18 availability of funds to be utilized for such plans approved or proposed 19 to be submitted to the metropolitan transportation capital program 20 review board as provided in section twelve hundred sixty-nine-b of this 21 title; (ii) monitor the contract awards of the metropolitan transporta- 22 tion authority and the New York city transit authority to insure that 23 such awards are consistent with (A) provisions of law authorizing United 24 States content and New York state content; (B) collective bargaining 25 agreements; (C) provisions of law providing for participation by minori- 26 ty and women-owned businesses; (D) New York state labor laws; (E) 27 competitive bidding requirements including those regarding sole source 28 contracts; and (F) any other relevant requirements established by law; 29 (iii) monitor the award of contracts to determine if such awards are 30 consistent with the manner in which the work was traditionally performed 31 in the past provided, however, that any such determination shall not be 32 admissible as evidence in any arbitration or judicial proceeding; (iv) 33 review the relationship between capital expenditures pursuant to each 34 such capital program plan and current and future operating budget 35 requirements; (v) monitor the progress of capital elements described in 36 each capital program plan approved as provided in section twelve hundred 37 sixty-nine-b of this title; (vi) monitor the expenditures incurred and 38 to be incurred for each such element; and (vii) identify capital 39 elements not progressing on schedule, ascertain responsibility therefor 40 and recommend those actions required or appropriate to accelerate their 41 implementation. The capital program committee shall issue a quarterly 42 report on its activities and findings, and shall in connection with the 43 preparation of such quarterly report, consult with the state division of 44 the budget, the state department of transportation, the members of the 45 metropolitan transportation authority capital program review board and 46 any other group the committee deems relevant, including public employee 47 organizations, and, at least annually, with a nationally recognized 48 independent transit engineering firm. Such report shall be made avail- 49 able to the members of the authority, to the members of the metropolitan 50 transportation authority capital program review board, and the directors 51 of the municipal assistance corporation for the city of New York. 52 § 3. This act shall take effect immediately, provided that the amend- 53 ments to paragraph (b) of subdivision 4 of section 1263 of the public 54 authorities law made by section one of this act shall be subject to the 55 expiration and reversion of such subdivision pursuant to section 3 ofS. 5002 4 1 chapter 549 of the laws of 1994, as amended, when upon such date the 2 provisions of section two of this act shall take effect.