2023 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.
* NB Effective until January 1, 2025
* 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
or  any  of  its subsidiaries governing the conduct or the safety of the
public in  or  upon  any  facility  of  the  authority  or  any  of  its
subsidiaries  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, except that civil penalties
relating to the payment of fares may be punishable by the imposition  of
a  civil  penalty not to exceed one hundred fifty dollars, provided that
civil penalties relating to the payment of fares to the MTA bus  company
and  the  Metro-North  railroad  and  Long  Island rail road shall be in
accordance with the conditions set  forth  in  subdivisions  eleven  and
twelve of section twelve hundred nine-a of this article, as applicable.
* NB Effective January 1, 2025
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.