2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11 - Metropolitan Commuter Transportation Authority › 1263 - Metropolitan Transportation Authority.

§  1263.  Metropolitan transportation authority. 1. * (a) ** (1) There
is hereby  created  the  "metropolitan  transportation  authority."  The
authority  shall  be  a body corporate and politic constituting a public
benefit corporation. The authority shall consist of a chairman,  sixteen
other  voting  members, and two non-voting and four alternate non-voting
members, as described in subparagraph two of this paragraph appointed by
the governor by and with the advice  and  consent  of  the  senate.  Any
member  appointed  to  a term commencing on or after June thirtieth, two
thousand nine shall have experience in one  or  more  of  the  following
areas:   transportation,  public  administration,  business  management,
finance, accounting, law, engineering,  land  use,  urban  and  regional
planning, management of large capital projects, labor relations, or have
experience  in some other area of activity central to the mission of the
authority. Four of the sixteen voting members other  than  the  chairman
shall  be  appointed  on  the written recommendation of the mayor of the
city of New York; and each of seven other voting members other than  the
chairman shall be appointed after selection from a written list of three
recommendations  from the chief executive officer of the county in which
the particular member is required to reside pursuant to  the  provisions
of  this  subdivision. Of the members appointed on recommendation of the
chief executive officer of a county, one such member shall  be,  at  the
time  of appointment, a resident of the county of Nassau, one a resident
of the county of Suffolk, one a resident of the county  of  Westchester,
one  a  resident of the county of Dutchess, one a resident of the county
of Orange, one a resident of the county of Putnam and one a resident  of
the  county  of  Rockland, provided that the term of any member who is a
resident of a county that has withdrawn from the  metropolitan  commuter
transportation    district    pursuant   to   section   twelve   hundred
seventy-nine-b of this title shall terminate upon the effective date  of
such county's withdrawal from such district. Of the five voting members,
other   than   the   chairman,   appointed   by   the  governor  without
recommendation from any other person, three shall be,  at  the  time  of
appointment,  residents of the city of New York and two shall be, at the
time  of  appointment,  residents  of  such  city  or  of  any  of   the
aforementioned  counties  in  the  metropolitan  commuter transportation
district. Provided  however,  notwithstanding  the  foregoing  residency
requirement,  one  of  the five voting members appointed by the governor
without recommendation from any other person, other than  the  chairman,
may  be  the  director of the New York state division of the budget, and
provided further that, in the event  of  such  appointment,  the  budget
director's  membership  in the authority shall be deemed ex-officio. The
chairman and each of the members shall be appointed for a  term  of  six
years,  provided  however, that the chairman first appointed shall serve
for a term ending June thirtieth, nineteen hundred eighty-one,  provided
that  thirty days after the effective date of the chapter of the laws of
two thousand nine which amended  this  subparagraph,  the  term  of  the
chairman  shall  expire;  provided,  further,  that  such  chairman  may
continue to discharge the duties of his or her office until the position
of chairman is filled by appointment by the governor upon the advice and
consent of the senate and the term of such new chairman shall  terminate
June  thirtieth,  two  thousand fifteen. The sixteen other members first
appointed shall serve for the following  terms:  The  members  from  the
counties  of  Nassau  and Westchester shall each serve for a term ending
June thirtieth, nineteen  hundred  eighty-five;  the  members  from  the
county  of Suffolk and from the counties of Dutchess, Orange, Putnam and
Rockland shall each serve for a term  ending  June  thirtieth,  nineteen
hundred  ninety-two;  two  of the members appointed on recommendation of
the mayor of the city of New York shall each serve  for  a  term  ending

June  thirtieth,  nineteen hundred eighty-four and, two shall each serve
for a term ending June thirtieth, nineteen hundred  eighty-one;  two  of
the  members appointed by the governor without the recommendation of any
other person shall each serve for a term ending June thirtieth, nineteen
hundred  eighty-two,  two  shall  each  serve  for  a  term  ending June
thirtieth, nineteen hundred eighty and one shall serve for a term ending
June thirtieth, nineteen hundred eighty-five.  The  two  non-voting  and
four  alternate  non-voting members shall serve until January first, two
thousand one. The members from the counties of Dutchess, Orange,  Putnam
and Rockland shall cast one collective vote.
* NB Effective until August 16, 2024
** (1)  There  is  hereby  created  the  "metropolitan  transportation
authority."   The authority  shall  be  a  body  corporate  and  politic
constituting  a  public benefit corporation. The authority shall consist
of a chairperson, sixteen other voting members, and two  non-voting  and
four  alternate  non-voting members, as described in subparagraph two of
this paragraph appointed by the governor by  and  with  the  advice  and
consent  of  the senate. Any member appointed to a term commencing on or
after June thirtieth, two thousand nine shall have experience in one  or
more  of  the  following  areas:  transportation, public administration,
business management, finance, accounting, law,  engineering,  land  use,
urban and regional planning, management of large capital projects, labor
relations,  or have experience in some other area of activity central to
the mission of the authority. Four of the sixteen voting  members  other
than the chairperson shall be appointed on the written recommendation of
the  mayor  of  the  city  of  New  York; and each of seven other voting
members other than the chairperson shall be  appointed  after  selection
from  a  written  list of three recommendations from the chief executive
officer of the county in which the  particular  member  is  required  to
reside  pursuant  to  the provisions of this subdivision. Of the members
appointed on recommendation of the chief executive officer of a  county,
one  such member shall be, at the time of appointment, a resident of the
county of Nassau, one a  resident  of  the  county  of  Suffolk,  one  a
resident  of  the county of Westchester, one a resident of the county of
Dutchess, one a resident of the county of Orange, one a resident of  the
county  of Putnam and one a resident of the county of Rockland, provided
that the term of any member who is a  resident  of  a  county  that  has
withdrawn   from   the  metropolitan  commuter  transportation  district
pursuant to section twelve hundred seventy-nine-b of  this  title  shall
terminate  upon the effective date of such county's withdrawal from such
district. Of the  five  voting  members,  other  than  the  chairperson,
appointed  by the governor without recommendation from any other person,
three shall be, at the time of appointment, residents of the city of New
York and two shall be, at the time of  appointment,  residents  of  such
city  or  of  any  of  the  aforementioned  counties in the metropolitan
commuter transportation district. Provided however, notwithstanding  the
foregoing   residency  requirement,  one  of  the  five  voting  members
appointed by the governor without recommendation from any other  person,
other  than  the  chairperson, may be the director of the New York state
division of the budget, and provided further that, in the event of  such
appointment,  the budget director's membership in the authority shall be
deemed ex-officio. Provided further, one of the twelve  voting  members,
other   than   the   chairperson,  appointed  by  the  governor  without
recommendation by any other person, or  on  the  recommendation  of  the
mayor  of the city of New York, or of the chief executive officer of the
counties of Westchester, Nassau, or Suffolk shall be a transit dependent
individual. A "transit dependent individual" shall  mean  an  individual
who is limited to public transit as their primary mode of transportation

because  the  individual  has  a permanent disability, provided that any
local or statewide transit advocacy organization may  recommend  one  or
more  transit  dependent  individuals  to  be considered for appointment
pursuant  to this section. The chairperson and each of the members shall
be appointed for a  term  of  six  years,  provided  however,  that  the
chairperson   first  appointed  shall  serve  for  a  term  ending  June
thirtieth, nineteen hundred eighty-one, provided that thirty days  after
the effective date of the chapter of the laws of two thousand nine which
amended  this  subparagraph,  the  term of the chairperson shall expire;
provided, further, that such chairperson may continue to  discharge  the
duties  of his or her office until the position of chairperson is filled
by appointment by the governor upon the advice and consent of the senate
and the term of such new chairperson shall terminate June thirtieth, two
thousand fifteen. The sixteen other members first appointed shall  serve
for  the  following  terms:  The members from the counties of Nassau and
Westchester shall each serve for a term ending June thirtieth,  nineteen
hundred eighty-five; the members from the county of Suffolk and from the
counties of Dutchess, Orange, Putnam and Rockland shall each serve for a
term  ending  June  thirtieth,  nineteen  hundred ninety-two; two of the
members appointed on recommendation of the mayor of the city of New York
shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
eighty-four  and, two shall each serve for a term ending June thirtieth,
nineteen hundred  eighty-one;  two  of  the  members  appointed  by  the
governor without the recommendation of any other person shall each serve
for a term ending June thirtieth, nineteen hundred eighty-two, two shall
each serve for a term ending June thirtieth, nineteen hundred eighty and
one  shall  serve  for  a  term  ending June thirtieth, nineteen hundred
eighty-five. The two non-voting and four  alternate  non-voting  members
shall  serve until January first, two thousand one. The members from the
counties of  Dutchess,  Orange,  Putnam  and  Rockland  shall  cast  one
collective vote.
** NB Effective August 16, 2024
(2)   There  shall  be  two  non-voting  members  and  four  alternate
non-voting members of the authority, as referred to in subparagraph  one
of this paragraph.
The  first  non-voting  member shall be a regular mass transit user of
the facilities of the authority and be recommended to  the  governor  by
the  New  York  city  transit  authority  advisory  council.  The  first
alternate non-voting member shall be a regular mass transit user of  the
facilities  of  the  authority and be recommended to the governor by the
Metro-North commuter council. The  second  alternate  non-voting  member
shall  be a regular mass transit user of the facilities of the authority
and be recommended  to  the  governor  by  the  Long  Island  Rail  Road
commuter's council.
The  second  non-voting member shall be recommended to the governor by
the labor organization representing the majority  of  employees  of  the
Long  Island  Rail  Road. The third alternate non-voting member shall be
recommended to the governor by the labor organization  representing  the
majority of employees of the New York city transit authority. The fourth
alternate  non-voting member shall be recommended to the governor by the
labor  organization  representing  the  majority  of  employees  of  the
Metro-North Commuter Railroad Company. The chairman of the authority, at
his   direction,   may  exclude  such  non-voting  member  or  alternate
non-voting member from  attending  any  portion  of  a  meeting  of  the
authority  or  of any committee established pursuant to paragraph (b) of
subdivision four of this section held  for  the  purpose  of  discussing
negotiations with labor organizations.
The  non-voting  member  and  the  two  alternate  non-voting  members
representing the New York York city transit authority advisory  council,
the  Metro-North  commuter  council,  and  the  Long  Island  Rail  Road
commuter's council shall serve  eighteen  month  rotating  terms,  after
which  time  an  alternate non-voting member shall become the non-voting
member and the rotation shall continue until each alternate  member  has
served  at  least  one  eighteen  month term as a non-voting member. The
other non-voting member and alternate  non-voting  members  representing
the  New  York  city  transit  authority,  Metro-North Commuter Railroad
Company, and the Long Island Rail Road labor organizations  shall  serve
eighteen  month rotating terms, after which time an alternate non-voting
member shall  become  the  non-voting  member  and  the  rotation  shall
continue  until  each  alternate member has served at least one eighteen
month term as  a  non-voting  member.  The  transit  authority  and  the
commuter  railroads  shall  not  be  represented concurrently by the two
non-voting members during any such eighteen month period.
* NB Effective until June 30, 2024
* (a)  There  is  hereby  created  the  "metropolitan   transportation
authority."  The  authority  shall  be  a  body  corporate  and  politic
constituting a public benefit corporation. The authority  shall  consist
of a chairman and sixteen other members appointed by the governor by and
with  the  advice  and  consent of the senate. Any member appointed to a
term commencing on or after June thirtieth, two thousand nine shall have
experience  in  one  or  more  of  the  following  areas  of  expertise:
transportation,  public  administration,  business  management, finance,
accounting, law, engineering, land use,  urban  and  regional  planning,
management   of   large  capital  projects,  labor  relations,  or  have
experience in some other area of activity central to the mission of  the
authority.  Four of the sixteen members other than the chairman shall be
appointed on the written recommendation of the mayor of the city of  New
York;  and  each of seven other members other than the chairman shall be
appointed after selection from a written list of  three  recommendations
from  the  chief executive officer of the county in which the particular
member is  required  to  reside  pursuant  to  the  provisions  of  this
subdivision.  Of  the  members  appointed on recommendation of the chief
executive officer of a county, one such member shall be, at the time  of
appointment,  a  resident of the county of Nassau; one a resident of the
county of Suffolk; one a resident of the county of Westchester; and  one
a  resident  of  the county of Dutchess, one a resident of the county of
Orange, one a resident of the county of Putnam and one a resident of the
county of Rockland, provided that the  term  of  any  member  who  is  a
resident  of  a county that has withdrawn from the metropolitan commuter
transportation   district   pursuant   to   section    twelve    hundred
seventy-nine-b  of this title shall terminate upon the effective date of
such county's withdrawal from such district. Of the five members,  other
than the chairman, appointed by the governor without recommendation from
any  other person, three shall be, at the time of appointment, residents
of the city of New York and two shall be, at the  time  of  appointment,
residents  of  such city or of any of the aforementioned counties in the
metropolitan  commuter  transportation   district.   Provided   however,
notwithstanding  the  foregoing  residency  requirement, one of the five
voting members appointed by the governor without recommendation from any
other person, other than the chairman, may be the director  of  the  New
York  state  division  of  the budget, and provided further that, in the
event of such appointment,  the  budget  director's  membership  in  the
authority  shall  be  deemed  ex-officio.  The  chairman and each of the
members shall be appointed for a term of six  years,  provided  however,
that  the  chairman  first  appointed shall serve for a term ending June

thirtieth, nineteen hundred eighty-one, provided that thirty days  after
the effective date of the chapter of the laws of two thousand nine which
amended this paragraph, the term of the chairman shall expire; provided,
further,  that such chairman may continue to discharge the duties of his
office until the position of chairman is filled by  appointment  by  the
governor  upon the advice and consent of the senate and the term of such
new chairman shall terminate June thirtieth, two thousand  fifteen.  The
sixteen  other  members  first  appointed  shall serve for the following
terms: The members from the counties of  Nassau  and  Westchester  shall
each   serve   for  a  term  ending  June  thirtieth,  nineteen  hundred
eighty-five; the members  from  the  county  of  Suffolk  and  from  the
counties of Dutchess, Orange, Putnam and Rockland shall each serve for a
term  ending  June  thirtieth,  nineteen  hundred ninety-two; two of the
members appointed on recommendation of the mayor of the city of New York
shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
eighty-four  and, two shall each serve for a term ending June thirtieth,
nineteen hundred  eighty-one;  two  of  the  members  appointed  by  the
governor without the recommendation of any other person shall each serve
for a term ending June thirtieth, nineteen hundred eighty-two, two shall
each serve for a term ending June thirtieth, nineteen hundred eighty and
one  shall  serve  for  a  term  ending June thirtieth, nineteen hundred
eighty-five. The members from the counties of Dutchess,  Orange,  Putnam
and Rockland shall cast one collective vote.
* NB Effective June 30, 2024
(a-1)  The  mayor  of  the city of New York shall, no later than April
first, nineteen hundred ninety-one, develop and submit to the  governor,
the temporary president of the senate and the speaker of the assembly, a
plan   detailing   how   the   four  appointments  to  the  metropolitan
transportation authority board made by the  governor  upon  the  written
recommendation  of  the mayor can be utilized to ensure that each county
within the city of New York is represented on such board.
(b) Vacancies occurring otherwise than by expiration of term shall  be
filled  in  the  same manner as original appointments for the balance of
the unexpired term, provided, however, that in the event  of  a  vacancy
caused  by  the  death,  resignation,  removal,  or  disability  of  the
chairman, the vacancy shall be filled by the governor by  and  with  the
advice and consent of the senate for the unexpired term. Notwithstanding
any other provision of law to the contrary, the governor shall designate
an  acting  chairman  for  a  period not to exceed six months or until a
successor chairman has been confirmed by  the  senate,  whichever  comes
first.  Upon  the  expiration of the six-month term, if the governor has
nominated a successor chairman, but the senate has not  acted  upon  the
nomination,  the  acting chair can continue to serve as acting chair for
an additional ninety  days  or  until  the  governor's  successor  chair
nomination is confirmed by the senate, whichever comes first.
*(b-1)  Notwithstanding any inconsistent provision of this section, in
the event that, upon a vacancy to be  filled  by  the  governor  without
recommendation,   other  than  the  chairperson,  there  is  no  transit
dependent member serving, the governor shall appoint a transit dependent
individual to fill the vacancy, consistent with paragraph  (a)  of  this
subdivision. Provided further that in the event that there is no transit
dependent  member  serving  and  there is no vacancy to be filled by the
governor without recommendation other than the chairperson, then upon  a
vacancy  in a seat filled by the governor upon the recommendation of the
mayor of the city of New York, the mayor of the city of New  York  shall
recommend a transit dependent individual to fill the vacancy, consistent
with paragraph (a) of this subdivision.
* NB Effective August 16, 2024
(c)  (i)  Notwithstanding  any inconsistent provision of this section,
the term of any member shall expire upon the expiration of the  term  in
office   being   served  by  the  county  elected  official  upon  whose
recommendation they were appointed;  provided,  however,  that  in  such
circumstance  such  member  may  serve as a holdover appointee for sixty
days, or until such time as a new  member  is  appointed,  whichever  is
less.  The  term  of  any  member  appointed  to replace such a holdover
appointee shall expire at the end of the term in office  of  the  county
elected official upon whose recommendation such member was appointed. If
a  county  elected official leaves office because of death, resignation,
removal or disability, however, a member appointed upon such  official's
recommendation  shall  continue  to serve until such time as such county
elected office is filled, at  which  time  such  member  will  become  a
holdover appointee and may serve for sixty days, or until such time as a
new member is appointed, whichever is less.
(ii)  Notwithstanding  any inconsistent provision of this section, the
term of any chairman or any member shall expire upon the  expiration  of
the  term  in  office being served by the city or state elected official
upon whose recommendation they were appointed; provided,  however,  that
in such circumstance the chairman or such member may serve as a holdover
appointee  until such time as a new chairman or member is appointed. The
term of any chairman or member appointed  to  replace  such  a  holdover
appointee  shall  expire at the end of the term in office of the city or
state elected official upon whose recommendation such chairman or member
was appointed.
2. The chairman and the first vice chairman shall be paid a salary  in
the  amount  determined  by  the  authority; the other members shall not
receive a salary or  other  compensation.  Each  member,  including  the
chairman and the first vice chairman, shall be entitled to reimbursement
for  actual and necessary expenses incurred in the performance of his or
her official duties.
3. (a) A majority of the whole number of members of the authority then
in office shall constitute a quorum for the transaction of any  business
or  the  exercise  of  any  power  of the authority. Except as otherwise
specified in this title, for the transaction  of  any  business  or  the
exercise  of  any power of the authority, the authority shall have power
to act by a majority vote of the members present at any meeting at which
a quorum is in attendance and except further, that in the event of a tie
vote the chairman shall cast one additional vote.
(b) For purposes of determining the presence  of  a  quorum,  and  for
purposes  of  participation  on  any  committee  or  subcommittee, those
members who collectively cast a single vote pursuant to  the  provisions
of  paragraph (a) of subdivision one of this section shall be considered
to be a single  member,  and  the  presence  of  such  member  shall  be
determined as provided in this subdivision. Except as otherwise provided
in  a  by-law  adopted  as  hereinafter  provided,  such  single  member
constituting those members entitled to a collective vote shall be deemed
present as a single member for purposes of a quorum if one  or  more  of
the  members  then  in  office  entitled to cast such collective vote is
present, and such collective vote shall be cast in accordance  with  the
majority  agreement of the members entitled to a collective vote who are
present or in the event a single member entitled to a collective vote is
present it shall be cast by that member. To evidence  the  existence  of
such majority agreement among the members entitled to a collective vote,
each  such  member shall be polled as to his vote and such poll shall be
recorded in the minutes. In the event a majority vote is not achieved by
the members entitled to a collective vote who are present, then the vote
shall not be cast. Nothing herein shall limit the right of an individual

member to participate in board meetings or in other  activities  of  the
authority when the other members then in office entitled to collectively
cast  a  vote  are not present. At any meeting of the authority at which
there  is  a quorum including all the members then in office entitled to
cast a collective vote, the authority may  adopt  a  by-law  or  by-laws
regulating  the  casting  of  such collective vote, provided all members
then in office entitled to cast a collective vote affirmatively  approve
such  by-law or by-laws. Any action taken by the authority in accordance
with any such by-law or by-laws adopted pursuant to  the  provisions  of
this  paragraph shall take effect in the same manner as any other action
of the authority. Any such by-law or by-laws shall not provide  for  the
casting  of  any  fractional  vote.  Nor  shall such a by-law or by-laws
provide for the amendment, repeal or adoption in the future  of  such  a
by-law  or  by-laws  in  a  manner  other  than  that  set forth in this
paragraph.
(c) No provision of paragraph (b) of this subdivision relating to  the
adoption  of certain by-laws by the authority shall affect the manner in
which by-laws of the authority are adopted concerning any subject  other
than the voting and presence for quorum purposes of the members from the
counties of Dutchess, Putnam, Orange and Rockland.
(d) Notwithstanding the provisions of paragraph (a) of subdivision one
of  this  section,  any  member  appointed  from the county of Dutchess,
Orange, Putnam or Rockland prior  to  the  increase  in  the  number  of
members of the authority to include a member from each such county shall
continue  in office as the member from such counties pursuant to section
five of the public officers law until the appointment  and  confirmation
of  all of the new members from such counties pursuant to the provisions
of this section, and no individual member exercising a  collective  vote
appointed  and confirmed pursuant to paragraph (a) of subdivision one of
this section shall take office until all such new members are  appointed
and confirmed.
4.  (a)  Notwithstanding  any  provision  of  law to the contrary, the
chairman shall be the chief executive officer of the authority and shall
be responsible for the discharge of  the  executive  and  administrative
functions  and  powers  of  the  authority.  The chairman may appoint an
executive director and such other officials and employees  as  shall  in
his   or   her  judgment  be  needed  to  discharge  the  executive  and
administrative functions and powers of the authority.
* (b) The chairman shall establish committees to  assist  him  in  the
performance  of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be  a  committee  on
operations  of  the  New  York city transit authority, the Manhattan and
Bronx surface transit operating authority and the  Staten  Island  rapid
transit  operating  authority;  a  committee  on  operations of the Long
Island  Rail  Road  and  the  metropolitan  suburban  bus  authority;  a
committee   on  operations  of  the  Metro-North  commuter  railroad;  a
committee on operations of the Triborough bridge and tunnel authority; a
committee on finance; a committee on capital program  oversight;  and  a
committee  on safety. In addition to such appointed members, each of the
non-voting members referred to in subparagraph two of paragraph  (a)  of
subdivision  one of this section shall serve on the committee on capital
program oversight, the committee on finance, the  committee  on  safety,
the  committee  on  operations  of  the  Triborough  bridge  and  tunnel
authority, and the operations committee relevant to the commuter council
that recommended such member. The  alternate  non-voting  members  shall
each  serve  on  the  respective  operations  committee  relevant to the
commuter council that recommended each member. The committee on  capital
program  oversight  and  the  committee on safety shall include not less

than three members, and shall include the chairpersons of the  committee
on  operations of the New York city transit authority, the Manhattan and
Bronx surface transit operating authority and the  Staten  Island  rapid
transit  operating  authority,  the  committee on operations of the Long
Island Rail Road and the metropolitan suburban bus  authority,  and  the
committee  on  operations  of  the  Metro-North  commuter  railroad. The
committee on safety shall  convene  at  least  once  annually  and  each
committee  chairperson,  that  is  a  member of the committee on safety,
shall report to  the  committee  on  safety  any  and  all  initiatives,
concerns,  improvements,  or  failures  involving  the  safety  of:  (1)
customers; (2) employees; and (3) the public at large,  in  relation  to
authority  facilities and services. The capital program committee shall,
with respect to any approved or  proposed  capital  program  plans,  (i)
monitor  the current and future availability of funds to be utilized for
such plans approved or proposed to  be  submitted  to  the  metropolitan
transportation  capital  program  review  board  as  provided in section
twelve hundred sixty-nine-b of this title;  (ii)  monitor  the  contract
awards  of  the  metropolitan  transportation authority and the New York
city transit authority to insure that such awards  are  consistent  with
(A)  provisions  of  law  authorizing United States content and New York
state content; (B) collective bargaining agreements; (C)  provisions  of
law  providing for participation by minority and women-owned businesses;
(D) New York state labor  laws;  (E)  competitive  bidding  requirements
including  those  regarding  sole  source  contracts;  and (F) any other
relevant requirements established by law; (iii)  monitor  the  award  of
contracts  to determine if such awards are consistent with the manner in
which the  work  was  traditionally  performed  in  the  past  provided,
however, that any such determination shall not be admissible as evidence
in  any arbitration or judicial proceeding; (iv) review the relationship
between capital expenditures pursuant to each such capital program  plan
and  current  and  future operating budget requirements; (v) monitor the
progress of capital elements described  in  each  capital  program  plan
approved  as  provided  in  section  twelve hundred sixty-nine-b of this
title; (vi) monitor the expenditures incurred and  to  be  incurred  for
each  such  element; and (vii) identify capital elements not progressing
on schedule,  ascertain  responsibility  therefor  and  recommend  those
actions  required or appropriate to accelerate their implementation. The
capital  program  committee  shall  issue  a  quarterly  report  on  its
activities and findings, and shall in connection with the preparation of
such  quarterly  report,  consult with the state division of the budget,
the state department of transportation, the members of the  metropolitan
transportation  authority  capital  program  review  board and any other
group  the  committee  deems   relevant,   including   public   employee
organizations,  and,  at  least  annually,  with a nationally recognized
independent  transit  engineering  firm.  Such  report  shall  be   made
available  to  the  members  of  the  authority,  to  the members of the
metropolitan transportation authority capital program review board,  and
the  directors  of  the municipal assistance corporation for the city of
New York.
* NB Effective until June 30, 2024
* (b) The chairman shall establish committees to  assist  him  in  the
performance  of his duties and shall appoint members of the authority to
such committees. Among such committees, there shall be  a  committee  on
operations  of  the  New  York city transit authority, the Manhattan and
Bronx surface transit operating authority and the  Staten  Island  rapid
transit  operating  authority;  a  committee  on  operations of the Long
Island  Rail  Road  and  the  metropolitan  suburban  bus  authority;  a
committee   on  operations  of  the  Metro-North  commuter  railroad;  a

committee on operations of the Triborough bridge and tunnel authority; a
committee on finance; a committee on capital program  oversight;  and  a
committee  on  safety.  The committee on capital program oversight shall
include  not  less than four members, and shall include the chairpersons
of the committee on operations of the New York city  transit  authority,
the  Manhattan  and  Bronx  surface  transit operating authority and the
Staten Island  rapid  transit  operating  authority,  the  committee  on
operations  of  the  Long Island Rail Road and the metropolitan suburban
bus authority, the committee on operations of the  Metro-North  commuter
railroad,  and  the  committee  on safety. The committee on safety shall
convene at least once annually and each committee chairperson, that is a
member of the committee on safety, shall  report  to  the  committee  on
safety  any  and  all  initiatives,  concerns, improvements, or failures
involving the safety of: (1)  customers;  (2)  employees;  and  (3)  the
public  at  large, in relation to authority facilities and services. The
capital program  committee  shall,  with  respect  to  any  approved  or
proposed  capital  program  plans,  (i)  monitor  the current and future
availability of funds to be utilized for such plans approved or proposed
to be submitted  to  the  metropolitan  transportation  capital  program
review  board as provided in section twelve hundred sixty-nine-b of this
title;  (ii)  monitor  the   contract   awards   of   the   metropolitan
transportation  authority  and  the  New  York city transit authority to
insure that such awards  are  consistent  with  (A)  provisions  of  law
authorizing  United  States  content  and  New  York  state content; (B)
collective bargaining agreements; (C) provisions of  law  providing  for
participation by minority and women-owned businesses; (D) New York state
labor   laws;  (E)  competitive  bidding  requirements  including  those
regarding sole source contracts; and (F) any other relevant requirements
established by law; (iii) monitor the award of contracts to determine if
such awards are consistent  with  the  manner  in  which  the  work  was
traditionally  performed  in  the  past provided, however, that any such
determination shall not be admissible as evidence in any arbitration  or
judicial  proceeding;  (iv)  review  the  relationship  between  capital
expenditures pursuant to each such capital program plan and current  and
future  operating  budget  requirements;  (v)  monitor  the  progress of
capital elements described in each  capital  program  plan  approved  as
provided  in  section  twelve  hundred  sixty-nine-b of this title; (vi)
monitor the expenditures incurred and  to  be  incurred  for  each  such
element;   and  (vii)  identify  capital  elements  not  progressing  on
schedule, ascertain responsibility therefor and recommend those  actions
required  or appropriate to accelerate their implementation. The capital
program committee shall issue a quarterly report on its  activities  and
findings, and shall in connection with the preparation of such quarterly
report,  consult  with  the  state  division  of  the  budget, the state
department  of  transportation,  the   members   of   the   metropolitan
transportation  authority  capital  program  review  board and any other
group  the  committee  deems   relevant,   including   public   employee
organizations,  and,  at  least  annually,  with a nationally recognized
independent  transit  engineering  firm.  Such  report  shall  be   made
available  to  the  members  of  the  authority,  to  the members of the
metropolitan transportation authority capital program review board,  and
the  directors  of  the municipal assistance corporation for the city of
New York.
* NB Effective June 30, 2024
(c) The chairman shall ensure that at every meeting of the  board  and
at every meeting of each committee the public shall be allotted a period
of  time,  not  less  than  thirty minutes, to speak on any topic on the
agenda.
(d) Notwithstanding  paragraph  (c)  of  subdivision  one  of  section
twenty-eight  hundred twenty-four of this chapter or any other provision
of  law  to  the  contrary,  the  chairman  shall  not  participate   in
establishing   authority  policies  regarding  the  payment  of  salary,
compensation  and reimbursement to, nor establish rules for the time and
attendance of, the chief executive officer. The salary of the  chairman,
as determined pursuant to subdivision two of this section, shall also be
compensation for all services performed as chief executive officer.
5.  The  authority  shall  be  a  "state  agency"  for the purposes of
sections seventy-three and seventy-four of the public officers law.
6. Notwithstanding any inconsistent provisions of this  or  any  other
law,  general, special or local, no officer or employee of the state, or
of any public corporation as defined in  the  general  corporation  law,
shall  be  deemed  to  have  forfeited  or  shall  forfeit his office or
employment or any benefits provided  under  the  retirement  and  social
security  law  or  under  any public retirement system maintained by the
state or any  of  its  subdivisions  by  reason  of  his  acceptance  of
membership  on  or  chairmanship  of the authority; provided, however, a
member or chairman who holds such  other  public  office  or  employment
shall  receive no additional compensation for services rendered pursuant
to this title, but shall be entitled to reimbursement for his actual and
necessary expenses incurred in the performance of such services.
7. The governor may remove any member  for  inefficiency,  neglect  of
duty,  breach of fiduciary duty or misconduct in office after giving the
member a copy of the charges against the member and an opportunity to be
heard, in person or by counsel in the member's defense,  upon  not  less
than  ten  days' notice. If any member shall be so removed, the governor
shall file in the office of the department of state a complete statement
of charges made against such member, and his findings thereon,  together
with a complete record of the proceedings.
8.  The  authority  shall  continue  so long as it shall have bonds or
other  obligations  outstanding  and  until  its  existence   shall   be
terminated  by  law.  Upon  the  termination  of  the  existence  of the
authority, all its rights and properties shall pass to and be vested  in
the state.
9.  Whenever  the  authority  causes  notices  of hearings on proposed
changes in services or fares to be posted pursuant to  this  section  or
any  statute,  regulation,  or authority policy, or where it voluntarily
posts such notices, such notices shall: (a) be written in  a  clear  and
coherent  manner  using  words with common and every day meaning; (b) be
captioned in large point type bold lettering with a  title  that  fairly
and  accurately  conveys the basic nature of such change or changes; (c)
where such change involves a proposed change in levels of fare,  include
in  its  title the range of amounts of fare changes under consideration;
(d) contain, to the extent practicable, a  concise  description  of  the
specific nature of the change or changes, including but not limited to a
concise  description  of those changes that affect the largest number of
passengers; (e) where such change involves a change in the nature  of  a
route,  contain, to the extent practicable, a clear graphic illustration
of such change or changes; and (f) where such change involves a  partial
or complete station closing, such notice shall be posted at the affected
station  with  a  clear graphic illustration depicting the nature of any
closing for such station.