NY Pub Auth L § 1266 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 11 - Metropolitan Commuter Transportation Authority 1266 - Special Powers of the Authority.

§  1266.  Special  powers of the authority. In order to effectuate the purposes of this title:   1. The authority may acquire,  by  purchase,  gift,  grant,  transfer, contract  or  lease,  any  transportation  facility other than a transit facility  or,  subject  to  subdivision  two  of  this  section  or  any transportation  facility  constituting  a  transit  facility,  wholly or partially within the metropolitan commuter transportation  district,  or any  part  thereof,  or  the  use  thereof, and may enter into any joint service arrangements as hereinafter provided. Any  such  acquisition  or joint  service arrangement shall be authorized only by resolution of the authority approved by not less than a majority vote of the whole  number of  members of the authority then in office, except that in the event of a tie vote the chairman shall cast one additional vote.   2. The authority may on such terms and conditions as the authority may determine  necessary,  convenient  or  desirable  itself  plan,  design, acquire,  establish, construct, effectuate, operate, maintain, renovate, improve, extend, rehabilitate or repair (a) any transportation  facility other  than  a  transit project, or (b) upon the request of the New York city transit authority, and upon such terms and conditions as  shall  be agreed to by the authority or any transportation facility constituting a transit facility (a "transportation assistance project"), or may provide for  such  planning,  design,  acquisition, establishment, construction, effectuation,   operation,   maintenance,    renovation,    improvement, extension,   rehabilitation  or  repair  by  contract,  lease  or  other arrangement  on  such  terms  as  the  authority  may  deem   necessary, convenient  or  desirable  with any person, including but not limited to any common carrier or freight forwarder, the state,  any  state  agency, the  federal  government,  any  other state or agency or instrumentality thereof, any public authority of this or any other state,  the  port  of New  York  authority or any political subdivision or municipality of the state. In connection with the operation of any transportation  facility, the   authority   may   plan,  design,  acquire,  establish,  construct, effectuate, operate, maintain, renovate, improve, extend  or  repair  or may  provide  by  contract, lease or other arrangement for the planning, design,   acquisition,   establishment,   construction,    effectuation, operation,  maintenance, renovation, improvement, extension or repair of any related services and activities it deems  necessary,  convenient  or desirable,  including  but not limited to the transportation and storage of  freight  and  the  United  States  mail,   feeder   and   connecting transportation,  parking  areas,  transportation  centers,  stations and related facilities. Upon  the  completion  of  any  such  transportation assistance  project  or  any  part  thereof  or  the  termination of any contract, lease or other arrangement  relating  to  such  transportation assistance   project,   the   authority  shall  cause  the  same  to  be transferred, leased or subleased to the New York city transit  authority or   its   designated   subsidiary,  as  appropriate,  with  or  without consideration.   3. The authority may establish,  levy  and  collect  or  cause  to  be established,  levied  and  collected and, in the case of a joint service arrangement, join with others in the establishment, levy and  collection of  such  fares, tolls, rentals, rates, charges and other fees as it may deem necessary, convenient or desirable for the use and operation of any transportation facility and related services operated by  the  authority or by a subsidiary corporation of the authority or under contract, lease or  other  arrangement,  including  joint service arrangements, with the authority. Any such fares, tolls, rentals, rates, charges or other  fees for  the  transportation  of passengers shall be established and changed only if approved by resolution of the authority adopted by not less than  a majority vote of the whole number of members of the authority then  in office,  with  the chairman having one additional vote in the event of a tie vote, and only after a public hearing, provided however, that fares, tolls,  rentals,  rates, charges or other fees for the transportation of passengers on any transportation facility which are  in  effect  at  the time  that  the  then  owner  of  such transportation facility becomes a subsidiary corporation of the authority or at the time that operation of such transportation  facility  is  commenced  by  the  authority  or  is commenced  under  contract,  lease or other arrangement, including joint service arrangements, with the authority  may  be  continued  in  effect without  such  a hearing. Such fares, tolls, rentals, rates, charges and other fees shall be established as may in the judgment of the  authority be  necessary  to  maintain the combined operations of the authority and its  subsidiary  corporations  on  a  self-sustaining  basis.  The  said operations  shall be deemed to be on a self-sustaining basis as required by this title, when the authority is able to pay or  cause  to  be  paid from  revenue  and any other funds or property actually available to the authority and its subsidiary corporations (a) as the same  shall  become due,  the  principal  of  and  interest on the bonds and notes and other obligations of  the  authority  and  of  such  subsidiary  corporations, together  with the maintenance of proper reserves therefor, (b) the cost and expense of keeping the properties and assets of  the  authority  and its  subsidiary  corporations  in good condition and repair, and (c) the capital and operating expenses  of  the  authority  and  its  subsidiary corporations.  The  authority may contract with the holders of bonds and notes with respect to the exercise of  the  powers  authorized  by  this section.  No  acts  or  activities  taken or proposed to be taken by the authority or any subsidiary of the authority pursuant to the  provisions of  this subdivision shall be deemed to be "actions" for the purposes or within the meaning of article eight of  the  environmental  conservation law.   3-a.  In  furtherance  of  the  authority's  mandate  to  develop  and implement a unified mass  transportation  policy  for  the  metropolitan commuter  transportation  district  and  the  exercise  of  its  powers, including the power to issue notes, bonds and other obligations  secured in  whole  or  in  part  by  the  revenues  of  the  authority  and  its subsidiaries, and New York city transit authority and its  subsidiaries, the  authority  shall  join with the New York city transit authority and its subsidiaries in connection with any  change  in  the  establishment, levy  and  collection of fares, tolls, rentals, rates, charges and other fees  for  the  transportation  of  passengers  on  any   transportation facilities   operated  by  New  York  city  transit  authority  and  its subsidiaries. Such fares, tolls, rentals,  charges  and  other  fees  on transit   facilities   shall  be  established  in  accordance  with  the requirements of sections twelve hundred five and twelve hundred  seven-i of this article.   4.  The  authority  may  establish  and,  in the case of joint service arrangements, join with others in the establishment  of  such  schedules and  standards  of  operations  and  such  other  rules  and regulations including but not limited to rules and regulations governing the conduct and safety of the  public  as  it  may  deem  necessary,  convenient  or desirable  for  the use and operation of any transportation facility and related services operated by the authority or under contract,  lease  or other  arrangement,  including  joint  service  arrangements,  with  the authority. Such rules and regulations governing the conduct  and  safety of  the public shall be filed with the department of state in the manner provided by section one hundred two of the executive law. In the case of any conflict between any  such  rule  or  regulation  of  the  authority  governing  the  conduct  or  the safety of the public and any local law, ordinance, rule or regulation, such rule or regulation of the  authority shall prevail. Violation of any such rule or regulation of the authority governing  the  conduct  or  the  safety  of  the  public in or upon any facility of the authority shall  constitute  an  offense  and  shall  be punishable by a fine not exceeding fifty dollars or imprisonment for not more  than thirty days or both or may be punishable by the imposition of a civil penalty by the transit adjudication bureau established  pursuant to the provisions of title nine of this article.   5.  The authority may acquire, hold, own, lease, establish, construct, effectuate, operate, maintain, renovate, improve, extend or  repair  any transportation  facilities  through,  and  cause  any one or more of its powers, duties, functions or activities to be exercised or performed by, one or more wholly owned subsidiary corporations of the authority, or by New York city transit authority or any of its subsidiary corporations in the case of transit facilities and may transfer  to  or  from  any  such corporations  any moneys, real property or other property for any of the purposes of this title upon such terms and conditions as shall be agreed to and subject to such payment or repayment obligations as are  required by  law  or  by  any  agreement to which any of the affected entities is subject. The directors or members of each such subsidiary corporation of the authority corporation shall be the same persons holding the  offices of  members  of  the  authority.  The chairman of the board of each such subsidiary shall be the chairman of the authority,  serving  ex  officio and,  provided  that  there is an executive director of the metropolitan transportation authority, the  executive  director  of  such  subsidiary shall  be  the  executive  director  of  the metropolitan transportation authority, serving ex officio. Notwithstanding any provision of  law  to the  contrary, the chairman shall be the chief executive officer of each such subsidiary and shall  be  responsible  for  the  discharge  of  the executive   and   administrative  functions  and  powers  of  each  such subsidiary. The chairman  and  executive  director,  if  any,  shall  be empowered  to  delegate  his  or her functions and powers to one or more officers or employees of each such subsidiary designated by him or  her. Each  such  subsidiary  corporation  of  the  authority  and  any of its property, functions and activities shall have  all  of  the  privileges, immunities,  tax exemptions and other exemptions of the authority and of the authority's property, functions and activities. Each such subsidiary corporation shall be subject to  the  restrictions  and  limitations  to which  the authority may be subject. Each such subsidiary corporation of the authority shall be subject to suit in accordance with section twelve hundred seventy-six of this title. The employees of any such  subsidiary corporation, except those who are also employees of the authority, shall not be deemed employees of the authority.   If  the  authority  shall determine that one or more of its subsidiary corporations should be in the form of a public benefit  corporation,  it shall  create  each  such  public  benefit  corporation by executing and filing with the secretary of state a certificate of incorporation, which may be amended from time to time by filing, which shall  set  forth  the name  of  such  public benefit subsidiary corporation, its duration, the location of its principal office, and any or  all  of  the  purposes  of acquiring,  owning,  leasing,  establishing, constructing, effectuating, operating, maintaining, renovating, improving,  extending  or  repairing one  or  more  facilities  of  the  authority.  Each such public benefit subsidiary corporation shall be a body politic and corporate  and  shall have  all those powers vested in the authority by the provisions of this title which the authority shall determine to include in its  certificate of incorporation except the power to contract indebtedness.    Whenever  any  state, political subdivision, municipality, commission, agency, officer, department, board, division or person is authorized and empowered for any of the purposes of this title to co-operate and  enter into  agreements  with  the authority such state, political subdivision, municipality,  commission,  agency, officer, department, board, division or person shall have the same authorization and power for  any  of  such purposes  to  co-operate  and  enter  into  agreements with a subsidiary corporation of the authority.   6. Each of the authority and its subsidiaries, and the New  York  city transit  authority  and its subsidiaries, in its own name or in the name of the state, may apply for and receive and accept grants  of  property, money  and services and other assistance offered or made available to it by any person, government or agency, which it may use to meet capital or operating expenses and for any other use within the scope of its powers, and to negotiate for the same upon such  terms  and  conditions  as  the respective  authority  may  determine  to  be  necessary,  convenient or desirable.   6-a. Subject to the rights of the holders of  any  outstanding  bonds, notes  or  other  obligations  of  the  authority, New York city transit authority and Triborough bridge and tunnel authority, and to  facilitate the  efficient  financial  management  of  the authority, its subsidiary corporations,  New  York  city  transit  authority  and  its  subsidiary corporations,   and   Triborough   bridge   and  tunnel  authority  (the "affiliated entities"), the authority may, and may permit and direct any affiliated entity to, transfer revenues, subsidies and other  monies  or securities to one or more funds or accounts of another affiliated entity for  use  by  such other affiliated entity, provided at the time of such transfer it is reasonably anticipated that the monies and securities  so transferred  will be reimbursed, repaid or otherwise provided for by the end of the next succeeding calendar year if reimbursement  or  repayment is  required  by  law  or  by any agreement to which any of the affected affiliated entities is subject. Any revenues  of  an  affiliated  entity that  are  transferred  to another affiliated entity, which transfer was not authorized by a provision of law other than this subdivision,  shall be considered to be required to be repaid to the affiliated entity which was  the  source  of  such  revenues  by  the end of the next succeeding calendar year following such transfer.   7. The authority may lease railroad cars  for  use  in  its  passenger service  pursuant  to the provisions of chapter six hundred thirty-eight of the laws of nineteen hundred fifty-nine.   8. The authority may do all things it deems necessary,  convenient  or desirable to manage, control and direct the maintenance and operation of transportation  facilities,  equipment  or  real property operated by or under contract, lease or other arrangement with the  authority  and  its subsidiaries,  and New York city transit authority and its subsidiaries. Except as hereinafter specially provided, no municipality  or  political subdivision,  including but not limited to a county, city, village, town or school or other district shall have jurisdiction over any  facilities of  the  authority  and  its  subsidiaries,  and  New  York city transit authority  and  its  subsidiaries,  or  any  of  their   activities   or operations.   The   local   laws,  resolutions,  ordinances,  rules  and regulations of a municipality or political  subdivision,  heretofore  or hereafter adopted, conflicting with this title or any rule or regulation of the authority or its subsidiaries, or New York city transit authority or  its  subsidiaries,  shall  not  be  applicable  to the activities or operations of the authority and its  subsidiaries,  and  New  York  city transit   authority,   or  the  facilities  of  the  authority  and  its subsidiaries, and New York city transit authority and its  subsidiaries,  except   such  facilities  that  are  devoted  to  purposes  other  than transportation or  transit  purposes.  Each  municipality  or  political subdivision,  including but not limited to a county, city, village, town or   district   in   which  any  facilities  of  the  authority  or  its subsidiaries, or New York city transit authority or its subsidiaries are located shall provide  for  such  facilities  police,  fire  and  health protection  services  of  the  same  character and to the same extent as those  provided  for  residents  of  such  municipality   or   political subdivision.   The  jurisdiction, supervision, powers and duties of the department of transportation of the state  under  the  transportation  law  shall  not extend  to the authority in the exercise of any of its powers under this title. The authority may agree with such department for the execution by such department of any grade crossing elimination project or  any  grade crossing  separation  reconstruction project along any railroad facility operated by the authority or by one of its  subsidiary  corporations  or under  contract, lease or other arrangement with the authority. Any such project  shall  be  executed  as  provided  in  article   ten   of   the transportation  law and the railroad law, respectively, and the costs of any such project shall be borne as provided in such  laws,  except  that the authority's share of such costs shall be borne by the state.   9. Upon approval by the commissioner of transportation of the state of New  York  of  detailed  plans and specifications, which approval may be based  upon  considerations  of  relative  need  and   the   timing   of construction,   the   authority  is  authorized  to  design,  construct, maintain, operate, improve and reconstruct  a  highway  bridge  crossing Long Island sound, as follows:  (a)  Upon (i) the enactment by the state of Connecticut of legislation having like effect as the provisions of this paragraph and the  granting of  the  consent  of the congress of the United States of America to the interstate  compact  thereby  created,  and  (ii)  in  conformity   with recommendations  of  the  New  York-Connecticut  bi-state  bridge  study commission, the authority is authorized, in cooperation  with  any  duly designated  agency  or  agencies of the state of Connecticut, to design, construct, maintain, operate, improve and reconstruct a  highway  bridge crossing  Long  Island sound from a point in the vicinity of the city of Bridgeport in the state of Connecticut to a point in the vicinity of the village of Port Jefferson in  the  state  of  New  York,  together  with approaches  to  such bridge; and to contract from time to time with such agency or agencies of the state  of  Connecticut  with  respect  to  all matters  affecting  these authorizations, including, without limitation, the sharing of all capital, operational and maintenance expense  (except that  the  capital  expense of the original construction of such bridge, other than the expense of acquiring the needed real property,  shall  be in  the ratio of fifty per-centum for the authority and fifty per-centum for such agency or agencies of the state of Connecticut), the manner and by whom the work of design, construction,  reconstruction,  improvement, maintenance and operation is to be performed or contracted to others for performance,  the  tolls, fees and other charges to be imposed from time to time for the use of such bridge, and the sharing of revenues  derived from  the  imposition  of  such tolls, fees and charges (except that net revenues  remaining  after  deduction  of  operational  and  maintenance expense of such bridge shall be in the ratio of fifty per-centum for the authority  and fifty per-centum for the state of Connecticut or for such agency  or  agencies  of  the  state  of  Connecticut.  Subject  to  the limitations  imposed  upon  the  authority by the provisions of the said contracts, that portion of the said bridge and  its  approaches  situate and  lying  within  the  territorial boundaries of the state of New York  shall be deemed a "transportation facility" of the authority for all the purposes of this title, but tolls, fees and other  charges  imposed  for the use of such bridge shall not be deemed to have been imposed "for the transportation of passengers" within the intendment of subdivision three of this section.  (b)  If  funds  are made available by the authority for the payment of the cost and expense of the acquisition  thereof,  the  commissioner  of transportation  of  the  state  of  New  York,  when  requested  by  the authority, may acquire in the name of the state such real property lying within the territorial boundaries of the state as may be determined from time to time by the authority to be necessary, convenient  or  desirable to  carry  out the authorizations set forth in paragraphs (a) and (b) of this subdivision,  may  remove  the  owner  or  occupant  thereof  where necessary  and  obtain  possession and, when requested by the authority, may dispose of any real property  so  acquired,  all  according  to  the procedure  provided  in section thirty of the highway law. The authority shall have the right to possess and use for its corporate  purposes  all such  real property so acquired, all according to the procedure provided in section thirty of the highway law. The authority shall have the right to possess and use for its corporate purposes all such real property  so acquired.  Claims  for  the  value  of the property appropriated and for legal damages caused by any such appropriation  shall  be  adjusted  and determined  by  the  commissioner of transportation with the approval of the authority or by the court of claims as provided in section thirty of the highway law. When a claim has been filed with the court  of  claims, the  claimant  shall  cause  a  copy of such claim to be served upon the authority and the authority shall have the right to be  represented  and heard  before  such  court.  All  awards and judgments arising from such claims shall be paid out of moneys of the authority.  (c) The authority, acting independently or jointly or  in  cooperation with such agency or agencies of the state of Connecticut, may also apply for  and  accept,  upon condition or otherwise, from the duly authorized agencies of the federal government, and of the governments of the states of Connecticut and New York, such underwater  and  overwater  grants  of real  property, licenses or permits as shall be necessary, convenient or desirable to carry out the authorizations set forth  in  paragraphs  (a) and (b) of this subdivision.  (d)  The  provisions  of chapter four hundred forty-two of the laws of nineteen hundred sixty-five  (and  of  any  agreement  entered  into  in pursuance thereof) relating to the repayment of a loan made by the state to  the  authority for the purchase of the Long Island railroad shall be inapplicable  to  (i)  the  construction  of  such  bridges  and   their approaches,  (ii)  bonds,  notes  or  other obligations of the authority issued for or in connection with the financing of the  cost  of  design, construction and reconstruction of such bridges and their approaches, or the  proceeds  realized  upon  such issuance; and (iii) revenues derived from the investment of such proceeds or of any part  thereof,  and  from the  imposition  of  tolls,  fees  or  other charges for the use of such bridges.   10. Notwithstanding the provisions of any other law, general,  special or  local,  or  of  any  agreement  entered  into  in pursuance thereof, relating to the repayment of any loan or advance made by  the  state  to the  authority  or  to  the New York city transit authority, neither the authority nor the New York city transit authority shall be  required  to repay  any such loan or advance heretofore made from or by reason of the issuance of bonds or notes of  either  of  them  or  from  the  proceeds realized  upon  such issuance or from any other funds received by either  of them from any source whatever in aid or assistance of the project  or projects for the financing of which such bonds or notes are issued.   11.  No  project to be constructed upon real property theretofore used for a transportation purpose, or on an insubstantial  addition  to  such property contiguous thereto, which will not change in a material respect the  general character of such prior transportation use, nor any acts or activities in connection with such project,  shall  be  subject  to  the provisions of article eight, nineteen, twenty-four or twenty-five of the environmental conservation law, or to any local law or ordinance adopted pursuant  to any such article. Nor shall any acts or activities taken or proposed to be taken by the authority or by any other person or  entity, public or private, in connection with the planning, design, acquisition, improvement,   construction,   reconstruction  or  rehabilitation  of  a transportation facility, other than a marine or  aviation  facility,  be subject  to  the  provisions  of  article  eight  of  the  environmental conservation law, or to any local law or ordinance adopted  pursuant  to any such article if such acts or activities require the preparation of a statement  under  or pursuant to any federal law or regulation as to the environmental impact thereof.   12. The authority may, upon suitable notice to and an offer to consult with an officer designated by the city of New York, occupy  the  streets of  the city of New York for the purpose of doing any work over or under the   same   in   connection   with   the   improvement,   construction, reconstruction  or  rehabilitation  of a transportation facility without the consent of or payment to such city.   * 12-a. (a) Whenever the authority determines in consultation with the city of New York that  it  is  necessary  to  obtain  the  temporary  or permanent use, occupancy, control or possession of vacant or undeveloped or underutilized but replaceable real property, or any interest therein, or  subsurface  real  property or any interest therein then owned by the city of New York for a project  in  the  two  thousand  fifteen  to  two thousand nineteen or the two thousand twenty to two thousand twenty-four approved  capital  programs to (i) install one or more elevators to make one  or  more  subway  stations  more  accessible,  (ii)  construct   or reconstruct  an electrical substation to increase available power to the subway system to expand passenger capacity or reliability, or  (iii)  in connection  with the capital project to construct four commuter railroad passengers stations in the borough of the Bronx known  as  Penn  Station access,  the  authority  upon  approval by the board of the metropolitan transportation authority and upon suitable notice and with  the  consent of  the  city  of New York may cause the title to such real property, or any interest therein, to be transferred to the authority by adding it to the agreement of lease dated June first, nineteen  hundred  fifty-three, as  amended,  renewed  and  supplemented,  authorized  by section twelve hundred three of this article, or  may  itself  acquire  title  to  such property from the city of New York, and any such transfer or acquisition of  real property shall be subject to the provisions of subdivision five of section twelve hundred sixty-six-c of this  title.  Nothing  in  this subdivision  shall  be  deemed  to  authorize any temporary or permanent transfer or acquisition of real property, or interest therein,  that  is dedicated   parkland  without  separate  legislative  approval  of  such alienation.  (b) (i) Upon the execution of any transfer or acquisition pursuant  to this subdivision, which shall be final upon the approval by the board of the metropolitan transportation authority and consent of the city of New York,  the  fair  market  value  shall  be  determined  pursuant to this paragraph. The authority shall make a written offer to pay to  the  city of  New  York  the  fair market value of the authority's use, occupancy,  control, possession or acquisition of such property. The  offer  by  the authority  shall  be based on an appraisal of the value of such property and a copy of such appraisal shall be  included  with  the  offer.  Such appraisal  shall  be  done  by an independent New York state licensed or certified appraiser, who may not be employed by the authority,  selected at  random from a panel of appraisers maintained by it for such purpose. Such  appraisal  and  a  second  appraisal,  if  required  pursuant   to subparagraph  (ii) of this paragraph, shall consider only the reasonably anticipated lawful use of the property and its zoning designation  under the  zoning resolution of the city of New York at the time the authority notified the city of New York  of  its  determination  to  use,  occupy, control, possess or acquire such property.  (ii)  Within thirty days of receipt of the offer by the authority, the city of New York may accept it, agree  with  the  authority  on  another amount,  or  request a second appraisal by an independent New York state licensed or certified appraiser, who may not be employed by the city  of New  York,  selected  at  random by the city of New York from a panel of appraisers maintained by it for  such  purpose.  Such  second  appraisal shall  be completed within thirty days. If the second appraisal produces an estimate of the fair market value of the  property  that  is  greater than  that  of the first appraisal, the authority shall have ten days to increase its offer to such higher amount, otherwise the  two  appraisers shall  reconcile  their valuations and agree on a final valuation within ten days, which shall be an amount not less than the first appraisal nor greater than the second appraisal.  (c) Nothing in this subdivision shall be construed to affect or  limit the authority's power under subdivision twelve of this section.   * NB Repealed December 31, 2025   13.  The authority and each of its subsidiary corporations shall place on  each  transformer  and  substation  which  contains  polychlorinated biphenyls  (PCBs)  a symbol so indicating the presence of PCBs. Use of a PCB mark illustrated in the rules and regulations  promulgated  pursuant to  the federal Toxic Substances Control Act shall constitute compliance with the provisions of this subdivision.   14. Notwithstanding any other provisions of law or the  terms  of  any contract, the authority, in consultation with the Long Island Rail Road, shall  establish  and  implement a no fare program for transportation on the Long Island Rail Road for police officers employed by  the  city  of New York, county of Nassau, Nassau county villages and cities, county of Suffolk,  Suffolk  county  villages  and  towns,  the  division of state police, the port authority of New York and New Jersey,  the  Metro-North Commuter  Railroad  Company, the New York city housing authority and the New York city transit authority. In establishing such program, which has as its goal increased protection and improved safety for its  commuters, the  authority  and the Long Island Rail Road shall, among other things, consider: (a)  requiring  police  officers  who  ride  without  cost  to register with the Long Island Rail Road as a condition of riding without cost;  (b)  requiring such officers to indicate during such registration process their regular working hours and the Long Island Rail Road trains that such officers expect to ride; and (c)  periodically  re-registering and  re-validating such officers. The authority and the Long Island Rail Road shall also have the power to consider other  matters  necessary  to carry out the goals and objectives of this section.   15.  (a)  Notwithstanding  any other provisions of law or the terms of any contract, the authority, in consultation  with  the  New  York  city transit  authority,  the  Long  Island  Rail  Road  and  the Metro-North Commuter Railroad Company, shall  establish  and  implement  a  no  fare program  for  transportation on New York city transit authority systems,  the Long Island Rail Road and the Metro-North Commuter Railroad  Company for  individuals  serving  as  personal  care attendants accompanying an Americans With Disabilities Act paratransit eligible individual.  (b) In order to be eligible for such no fare program the personal care attendant  must  show his or her community based personal care attendant agency issued identification card.  (c)  In  order  to  be  considered  accompanying  an  Americans   With Disabilities  Act  paratransit  eligible  individual  the  personal care attendant shall have the same origin and destination as such paratransit eligible individual.   16. Notwithstanding any other provision of law, the authority and  any of its subsidiary corporations shall establish and implement a half fare rate program for persons with serious mental illness who are eligible to receive  supplemental  security  income  benefits as defined pursuant to title sixteen of the federal social security act and section two hundred nine of the social services law.   17. Notwithstanding any conflicting provisions of general, special  or local  law,  and  pursuant  to the authority's 2000-2004 capital program plans approved by  the  metropolitan  transportation  authority  capital program  review board, the authority or any of its subsidiaries, the New York city transit authority or any of its  subsidiaries,  or  Triborough bridge  and  tunnel  authority,  shall provide, from funds identified in such approved 2000-2004 capital program  plans,  up  to  twelve  million dollars  for  the  financing  of  a bus and heavy duty vehicles emission research and testing facility and related equipment located in the state of New York, whether within or outside of the  transportation  district, which  facility  shall  be  operated  by the department of environmental conservation and shall be available for use on a non-exclusive basis  by the  authority  and  any  of its subsidiaries, the New York city transit authority and any of its subsidiaries, and Triborough bridge and  tunnel authority.   18.  The  authority  shall  conduct  a  campaign of public outreach to inform the public of the provisions pertaining to assault  on  employees described in subdivision eleven of section 120.05 of the penal law.   19. In connection with their lawful responsibilities or functions, the authority and its subsidiaries, including Metro-North Commuter Railroad, the  Long  Island Rail Road, MTA bus and the Staten Island rapid transit operating authority, the Triborough bridge and tunnel authority, and the New York city transit authority and its  subsidiary  the  Manhattan  and Bronx  surface  transit  operating authority, are authorized to request, receive and review criminal history information through the division  of criminal  justice  services  with  respect  to any person applying for a safety sensitive position. When requested, such applicant  shall  submit to  the  authority  or the requesting affiliate or subsidiary his or her fingerprints in such form  and  in  such  manner  as  specified  by  the division,  for  the  purpose  of  conducting  a  criminal history search identifying  criminal  convictions  and  pending  criminal  charges  and returning  a  report  thereon  in  accordance  with  the  procedures and requirements established by the division pursuant to the  provisions  of article  thirty-five  of  the  executive  law,  which  shall include the payment of the reasonable prescribed processing fee for the cost of  the division's  full search and retention procedures and a national criminal history  record  check.  The  authority  or  requesting   affiliate   or subsidiary  shall submit such fingerprints and the processing fee to the division. The division shall forward to the authority or the  requesting affiliate  or  subsidiary  a  report  with  respect  to  the applicant's previous criminal history, if any, or a statement that the applicant has no previous  criminal  history  according  to  its  files.  Fingerprints  submitted  to  the  division  pursuant  to  this subdivision may also be submitted to the federal bureau of investigation for a national criminal history record check. If additional copies of fingerprints are required, the  applicant  shall  furnish  them  upon request. Upon receipt of such criminal history information, the authority or the requesting  affiliate or  subsidiary shall provide such applicant with a copy of such criminal history information, together with a copy of article  twenty-three-A  of the  correction  law,  and  inform such applicant of his or her right to seek correction of any incorrect information contained in such  criminal history  information  pursuant to regulations and procedures established by the division of criminal  justice  services.  The  authority  or  the requesting  affiliate or subsidiary shall ensure that adequate notice be provided to such applicant regarding the fact that  state  and  national criminal  history  record  checks may be conducted. This provision shall not preclude or alter the process by which  a  municipal  civil  service commission  obtains  and  provides  background  information  pursuant to subdivision four of section fifty of the civil service law  relating  to applicants  for  civil service appointments at the New York city transit authority and the Triborough bridge and tunnel authority.