2005-06 Budget - Article 7 Bill s994


                STATE OF NEW YORK
        ________________________________________________________________________

           S. 994                                                   A. 1924
 
                SENATE - ASSEMBLY
 
                                    January 21, 2005
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means
 
        AN  ACT  to amend the public authorities law, the state finance law, the
          tax law, the executive law, the insurance law, the transportation law,
          the retirement and social security law, the administrative code of the
          city of New York, and the social services  law,  in  relation  to  the
          metropolitan   transportation   authority;   and   repealing   certain
          provisions of the public authorities law and state finance law  relat-
          ing thereto (Part A); to amend the public authorities law, in relation
          to  the  ownership status of transit facilities (Part B); to authorize
          funding for the Consolidated  Local  Street  and  Highway  Improvement
          Program  (CHIPS)  and Marchiselli programs for State fiscal year 2005-
          06; and to amend chapter 329 of the laws of 1991, amending  the  state
          finance  law and other laws relating to the establishment of the dedi-
          cated highway and bridge trust fund, in relation to the  authorization
          of  the  state's  five-year transportation plan (Part C); to amend the
          vehicle and traffic law and the general business law, in relation to a
          manual on uniform traffic control devices, special stops required  and
          flashing  signals  (Part D); to amend chapter 533 of the laws of 1993,
          amending the vehicle and traffic law and the correction  law  relating
          to  the suspension and revocation of driver's licenses upon conviction
          of certain drug-related offenses, in relation to eliminating  repealer
          and  reverter  language; and to amend chapter 312 of the laws of 1994,
          amending the vehicle  and  traffic  law  relating  to  suspensions  of
          licenses  pending  prosecution of certain alcohol-related charges, and
          authorizations for probationary and conditional driver's licenses,  in
          relation  to  eliminating  repealer and reverter language (Part E); to
          amend the vehicle and traffic law and chapter 81 of the laws of  1995,
          amending  the  vehicle  and traffic law and other laws relating to the
          enforcement of support through the suspension of  driving  privileges,
          in  relation to the qualifications and disqualifications of commercial
          driver's license holders (Part F); to  amend  the  alcoholic  beverage
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12175-01-5
        S. 994                              2                            A. 1924
 
          control  law  and  the  vehicle  and  traffic law, in relation to open
          container requirements; and to repeal subdivision 3 of section 1227 of
          the vehicle and traffic law relating thereto (Part G);  to  amend  the
          public  authorities  law, in relation to the value of debt that may be
          issued on behalf of the state department of transportation  (Part  H);
          to  amend  chapter  413  of the laws of 1999 relating to providing for
          mass transportation payments, in  relation  to  including  Seneca  and
          Orleans counties with those counties receiving payments of mass trans-
          portation  operating  assistance  (Part I); to amend the penal law, in
          relation to aggravated loitering in a  transportation  facility  (Part
          J);  to  amend  the vehicle and traffic law, chapter 62 of the laws of
          2003, amending the general business law and  other  laws  relating  to
          implementing  the  state  fiscal  plan  for the 2003-2004 state fiscal
          year, chapter 84 of the laws of 2002, amending the state  finance  law
          relating  to costs of the department of motor vehicles, and chapter 63
          of the laws of 2000, amending the tax law and other laws  relating  to
          modifying the distribution of funds from the motor fuel excise tax, in
          relation  to  increasing  certain motor vehicle transaction fees (Part
          K); to amend the highway  law  and  the  public  authorities  law,  in
          relation  to establishing a department of transportation and a thruway
          authority pilot program for design-build and providing for the  repeal
          of  such provisions upon expiration thereof (Part L); and to amend the
          transportation law and the public authorities law, in  relation  to  a
          transportation facility development partnership program (Part M)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  relating  to  issues  deemed necessary for the state.  Each component is
     3  wholly contained within a Part identified as  Parts  A  through  M.  The
     4  effective  date for each particular provision contained within such Part
     5  is set forth in the last section of such  Part.  Any  provision  in  any
     6  section  contained  within  a  Part, including the effective date of the
     7  Part, which makes reference to a section "of this  act",  when  used  in
     8  connection  with  that particular component, shall be deemed to mean and
     9  refer to the corresponding section of the Part in  which  it  is  found.
    10  Section  three of this act sets forth the general effective date of this
    11  act.
    12                                    PART A
 
    13    Section 1. Title 3 of article 3  of  the  public  authorities  law  is
    14  REPEALED.
    15    § 2. Title 9 of article 5 of the public authorities law is REPEALED.
    16    §  3.  Title 11 of article 5 of the public authorities law is REPEALED
    17  and a new title 11 is added to read as follows:
    18                                  TITLE 11
    19                    METROPOLITAN TRANSPORTATION AUTHORITY
    20  Section 1260.     Short title.
    21          1260-a.   Definitions.
    22          1260-b.   Metropolitan commuter transportation district.
    23          1260-c.   Metropolitan transportation authority.
    24          1260-d.   Purposes of the authority.
    25          1260-e.   General powers of the authority.
    26          1260-f.   Special powers of the authority.
        S. 994                              3                            A. 1924
 
     1          1260-g.   MTA - subway and city bus projects within the city.
     2          1260-h.   Authority police force.
     3          1260-i.   Acquisition and disposition of real property.
     4          1260-j.   Acquisition   and  disposition  of  real  property  by
     5                      department of transportation.
     6          1260-k.   MTA - procurement.
     7          1260-l.   MTA agencies - cooperation  and  assistance  of  other
     8                      agencies.
     9          1261.     Metropolitan  transportation authority capital program
    10                      review board.
    11          1261-a.   Capital program plans;  approvals;  effect  of  disap-
    12                      proval.
    13          1261-b.   Metropolitan  transportation authority capital program
    14                      review board; additional powers and duties.
    15          1262.     Metropolitan transportation  authority  dedicated  tax
    16                      fund.
    17          1262-a.   Metropolitan  transportation authority special assist-
    18                      ance fund.
    19          1262-b.   Metropolitan transportation authority Dutchess, Orange
    20                      and Rockland fund.
    21          1262-c.   MTA and MTA agencies - agreement of the state relating
    22                      to bankruptcy and impairment of bondholders'  rights
    23                      and remedies.
    24          1262-d.   MTA - excess loss fund.
    25          1262-e.   MTA - pension obligation bonds.
    26          1262-f.   MTA  and  MTA  bridges  and tunnels - bonds, notes and
    27                      other obligations as legal investment.
    28          1262-g.   MTA agencies - exemption from taxation.
    29          1262-h.   MTA and MTA bridges and tunnels  -  bonds,  notes  and
    30                      other obligations.
    31          1262-i.   MTA   and  MTA  bridges  and  tunnels  -  consolidated
    32                      financings.
    33          1262-j.   MTA and MTA bridges and tunnels -  reserve  funds  and
    34                      appropriations.
    35          1262-k.   MTA  and  MTA  bridges and tunnels - right of state to
    36                      require redemption of bonds.
    37          1262-l.   MTA and MTA bridges and tunnels - remedies of owners.
    38          1263.     MTA agencies - actions against the agencies.
    39          1263-a.   MTA agencies - posting of security.
    40          1264.     MTA - submission of strategic operation plan.
    41          1264-a.   MTA agencies - annual audit.
    42          1264-b.   MTA agencies - inspector general.
    43          1264-c.   MTA - management advisory board.
    44          1264-d.   MTA - additional reports and audit requirements.
    45          1264-e.   MTA - budget process.
    46          1264-f.   MTA - certain lobbying activities.
    47          1265.     MTA bridges and tunnels - creation.
    48          1265-a.   MTA bridges and tunnels - additional powers.
    49          1265-b.   MTA  bridges  and  tunnels  -  additional  powers  and
    50                      provisions in relation to convention center.
    51          1265-c.   MTA bridges and tunnels - construction contracts.
    52          1265-d.   MTA bridges and tunnels - additional agreements of the
    53                      state  with  owners  of bonds, notes and other obli-
    54                      gations.
    55          1265-e.   MTA bridges and tunnels  -  protection  of  owners  of
    56                      bonds, notes and other obligations.
        S. 994                              4                            A. 1924
 
     1          1266.     MTA bridges and tunnels - transportation projects.
     2          1266-a.   MTA  bridges and tunnels - lands, easements and rights
     3                      in land.
     4          1266-b.   MTA bridges and tunnels - restrictions  on  signs  and
     5                      billboards.
     6          1266-c.   MTA  bridges  and  tunnels  - transfer of officers and
     7                      employees.
     8          1266-d.   MTA bridges and tunnels - fire training.
     9          1266-e.   MTA bridges and tunnels - consent of state.
    10          1267.     MTA bridges and tunnels - actions against MTA  bridges
    11                      and tunnels.
    12          1268.     MTA subways - creation.
    13          1268-a.   MTA subways - purposes.
    14          1268-b.   MTA  subways  -  lease  of transit facilities from the
    15                      city.
    16          1268-c.   MTA subways - general powers.
    17          1268-d.   MTA subways - advisory council.
    18          1268-e.   MTA subways - rapid transit noise code.
    19          1268-f.   MTA subways - rates of fare and levels of service.
    20          1268-g.   MTA subways - surrender of power plants.
    21          1268-h.   MTA subways - revenue and accounts.
    22          1268-i.   MTA subways - contracts.
    23          1268-j.   MTA subways - transit adjudication bureau.
    24          1269.     MTA subways - employees.
    25          1269-a.   MTA subways and MTA bus - flexible benefits program.
    26          1270.     MTA subways - actions against MTA subways.
    27          1270-a.   MTA subways - rapid transit law.
    28          1270-b.   MTA subways - construction of terms.
    29          1270-c.   MTA subways - continuity of jurisdiction.
    30          1271.     MTA bus - creation.
    31          1271-a.   MTA bus - purposes.
    32          1271-b.   MTA bus - omnibus facilities.
    33          1271-c.   MTA bus - general powers.
    34          1271-d.   MTA bus - advisory council.
    35          1271-e.   MTA bus - rates of fare and levels of service.
    36          1271-f.   MTA bus - employees.
    37          1271-g.   MTA bus - contracts.
    38          1272.     MTA bus - actions against MTA bus.
    39          1272-a.   MTA bus - revenue and accounts.
    40          1272-b.   MTA bus - construction of terms.
    41          1273.     MTA rail - creation.
    42          1273-a.   MTA rail - purposes.
    43          1273-b.   MTA rail - general powers.
    44          1273-c.   MTA rail - advisory councils.
    45          1273-d.   MTA rail - station maintenance payments.
    46          1273-e.   MTA rail - medical emergency services.
    47          1273-f.   MTA rail - contracts.
    48          1274.     MTA rail - actions against MTA rail.
    49          1275.     MTA capital construction - creation.
    50          1276.     Title not affected  if  in  part  unconstitutional  or
    51                      ineffective.
    52          1276-a.   Inconsistent provisions in other acts superseded.
    53          1276-b.   Liberal construction.
    54    §  1260.  Short  title.  This  title may be cited as the "Metropolitan
    55  Transportation Authority act".
        S. 994                              5                            A. 1924
 
     1    § 1260-a. Definitions. As used or referred to in this title, unless  a
     2  different meaning clearly appears from the context:
     3    1.  "Authority"  shall  mean  the corporation created by chapter three
     4  hundred twenty-four of the  laws  of  nineteen  hundred  sixty-five,  as
     5  amended  by  chapter  seven  hundred  seventeen  of the laws of nineteen
     6  hundred sixty-seven, whose existence is continued by this title.
     7    2. "Authority capital  program  review  board"  shall  be  the  entity
     8  created pursuant to section twelve hundred sixty-one of this title.
     9    3. "Board" shall mean the members of the authority.
    10    4. "City" shall mean the city of New York.
    11    5. "City comptroller" shall mean the comptroller of the city.
    12    6.  "Devices  and  appurtenances" shall mean devices and appurtenances
    13  deemed necessary or appropriate by  the  MTA  agencies,  to  secure  the
    14  greatest  efficiency,  public  convenience  and  safety,  including  the
    15  number, location, description  and  plans  and  specifications  for  the
    16  stations,  suitable  supports, turnouts, switches, sidings, connections,
    17  landing places, garages, repair shops, buildings, structures, platforms,
    18  stairways,  elevators,  telephones,  telecommunications,  telegraph  and
    19  signal devices, facilities for access to the surface, and other suitable
    20  appliances  incidental and requisite to what such MTA agency may approve
    21  as the best and most efficient system of mass transportation in view  of
    22  the  public  needs and requirements, including in its discretion, opera-
    23  tion of a transportation facility or some portion thereof by any  device
    24  or  means,  other  than  separate cars or trains, in the construction of
    25  which stationary means for guiding a conveyance in a definite  path  and
    26  means for propelling such conveyance are necessary elements.
    27    7.  "Equipment"  shall  mean  rolling stock, omnibuses, vehicles, air,
    28  marine or surface craft, motors, boilers, engines, wires, ways, conduits
    29  and  mechanisms,  machinery,  tools,  implements,  materials,  supplies,
    30  instruments  and  devices  of every nature whatsoever used or useful for
    31  transportation purposes or for the generation or transmission of  motive
    32  power  including  but not limited to all power houses, and all apparatus
    33  and all devices for signaling, communications and ventilation as may  be
    34  necessary, convenient or desirable for the operation of a transportation
    35  facility.
    36    8.  "Facilities"  shall  mean  equipment,  devices  and appurtenances,
    37  routes, tracks, extensions, connections, terminals or other facilities.
    38    9. "Federal government" shall mean the United States of  America,  and
    39  any  officer,  department,  board,  commission, bureau, division, corpo-
    40  ration, agency or instrumentality thereof.
    41    10. "Fiscal year" shall mean the period commencing the  first  day  of
    42  January  in each year and ending on the succeeding December thirty-first
    43  of such year.
    44    11. "Governor" shall mean the governor of the state of New York.
    45    12. "Highway" shall mean any road, street, avenue or boulevard, wheth-
    46  er elevated, surface or subsurface, and includes any parking  fields  or
    47  parking  buildings  and  other  facilities  connected  therewith and any
    48  bridge, viaduct, embankment or other structure that is a part thereof or
    49  crosses the same.
    50    13. "Inspector general" shall mean the authority inspector general.
    51    14. "Joint service arrangements"  shall  mean  agreements  between  or
    52  among  one  or  more  MTA  agencies  and  any  common carrier or freight
    53  forwarder, the state, any state  agency,  the  federal  government,  any
    54  other  state  or agency or instrumentality thereof, any public authority
    55  of this or any other state, or any political subdivision or municipality
    56  of the state or any other state, relating to property, buildings, struc-
        S. 994                              6                            A. 1924
 
     1  tures, facilities, services, rates, fares,  classifications,  divisions,
     2  allowances  or  charges  (including charges between operators of subway,
     3  railroad, omnibus and marine and aviation facilities), or rules or regu-
     4  lations  pertaining  thereto, for or in connection with or incidental to
     5  transportation in part in  or  upon  transportation  facilities  located
     6  within  the  district  and  in part in or upon transportation facilities
     7  located outside the district.
     8    15. "Marine and aviation facilities" shall mean  equipment  and  craft
     9  for  the  transportation  of  passengers,  mail and cargo between points
    10  within the district or pursuant to joint service arrangements, by marine
    11  craft and aircraft of all types including but not limited to hydrofoils,
    12  ferries, lighters, tugs, barges, helicopters, amphibians,  seaplanes  or
    13  other  contrivances  now  or hereafter used in navigation or movement on
    14  waterways or in the navigation of or flight in airspace. It  shall  also
    15  mean  any  marine  port  or  airport  facility within the transportation
    16  district but outside the port of New York district as defined in chapter
    17  one hundred fifty-four of  the  laws  of  nineteen  hundred  twenty-one,
    18  including  but  not limited to terminals, docks, piers, bulkheads, ramps
    19  or any facility or real property necessary, convenient or desirable  for
    20  the accommodation of passengers and cargo or the docking, sailing, land-
    21  ing,  taking  off,  accommodation  or  servicing of such marine craft or
    22  aircraft, notwithstanding that portions thereof may not  be  devoted  to
    23  any  purpose  other  than  the  production of revenues available for the
    24  costs and expenses of all or any transportation facilities.
    25    16. "Mayor" shall mean the mayor of the city.
    26    17. "MTA" shall mean the authority.
    27    18. "MTA agencies" shall mean, collectively, the authority,  MTA  bus,
    28  MTA  bridges  and  tunnels,  MTA  capital construction, MTA rail and MTA
    29  subways, together with their subsidiaries,  and  any  subsidiary  estab-
    30  lished in this title or heretofore or hereafter created by the authority
    31  or by statutory amendment.
    32    19.  "MTA  bridges  and  tunnels"  shall  mean the corporation created
    33  pursuant to section twelve hundred sixty-five  of  this  title  and  its
    34  subsidiaries.
    35    20. "MTA bridges and tunnels project" shall mean any project or one or
    36  more  or  all  of the projects described in subdivision eight of section
    37  twelve hundred sixty-five-a of this chapter.
    38    21. "MTA bus" shall mean the corporation created pursuant  to  section
    39  twelve hundred seventy-one of this title and its subsidiaries.
    40    22.  "MTA  capital  construction"  shall  mean the corporation created
    41  pursuant to section twelve hundred seventy-five of this  title  and  its
    42  subsidiaries.
    43    23.  "MTA rail" shall mean the corporation created pursuant to section
    44  twelve hundred seventy-three of this title and its subsidiaries.
    45    24. "MTA subways" shall  mean  the  corporation  created  pursuant  to
    46  section twelve hundred sixty-eight of this title and its subsidiaries.
    47    25.  "Omnibus facilities" shall mean motor vehicles, of the type oper-
    48  ated by carriers subject to the jurisdiction of the department of trans-
    49  portation of the state, engaged in the transportation of passengers  and
    50  their  baggage,  express  and mail between points within the district or
    51  pursuant to joint service arrangements, and equipment, property,  build-
    52  ings,  structures,  improvements,  loading  or  unloading areas, parking
    53  areas or other facilities, necessary, convenient or  desirable  for  the
    54  accommodation  of such motor vehicles or their passengers, including but
    55  not limited to real and personal property notwithstanding that  portions
    56  may  not  be  devoted  to  any  transportation  purpose  other  than the
        S. 994                              7                            A. 1924
 
     1  production of revenues available for the costs and expenses  of  all  or
     2  any transportation facilities.
     3    26.  "Parkway"  shall include elevated, surface or subsurface parkways
     4  and parking fields and other facilities  connected  therewith,  and  any
     5  bridge,  viaduct,  embankment or other structure that is part thereof or
     6  crosses the same.
     7    27. "Person" shall mean a natural person, firm or corporation.
     8    28. "Property" or "property rights" shall mean real estate, real prop-
     9  erty, lands, rights, terms, interests, privileges, franchises  or  ease-
    10  ments of owners, abutting owners or others.
    11    29.  "Railroad  facilities" shall mean right of way and related track-
    12  age, rails, cars, locomotives, other rolling stock, signal, power, fuel,
    13  communication and ventilation systems, power  plants,  stations,  termi-
    14  nals,  storage yards, repair and maintenance shops, yards, equipment and
    15  parts, offices and other real estate or personalty used or held  for  or
    16  incidental  to the operation, rehabilitation or improvement of any rail-
    17  road operating or to operate  between  points  within  the  district  or
    18  pursuant  to  joint  service  arrangements, including but not limited to
    19  real and personal property notwithstanding that portions thereof may not
    20  be devoted to any transportation purpose other than  the  production  of
    21  revenues  available for the costs and expenses of all or any transporta-
    22  tion facilities.
    23    30. "Real property"  shall  mean  lands,  structures,  franchises  and
    24  interests  in  land,  waters, lands under water, riparian rights and air
    25  rights and any and all things and rights included within said  term  and
    26  includes  not  only  fees  simple  absolute  but also any and all lesser
    27  interests including but not limited to easements, rights of  way,  uses,
    28  leases,  licenses  and  all  other  incorporeal  hereditaments and every
    29  estate, interest or right, legal or equitable, including terms for years
    30  and liens thereon by way of judgments, mortgages or otherwise.
    31    31. "Revenues" shall mean all monies received  by  the  MTA  agencies,
    32  individually  or collectively, as the case may be, from whatever source,
    33  derived directly or indirectly from or in connection with the operations
    34  of the respective entity.
    35    32. "State" shall mean the state of New York.
    36    33. "State agency" shall mean any officer, department, board,  commis-
    37  sioner,  bureau, division, public benefit corporation, agency or instru-
    38  mentality of the state.
    39    34. "State comptroller" shall mean the comptroller of the state.
    40    35. "Street" shall mean a  public  street,  marginal  street,  avenue,
    41  road,  bridge,  viaduct,  highway,  boulevard,  driveway, park, parkway,
    42  dock, wharf, pier, ground, river, water, square, place, or land.
    43    36. "Subway facilities" shall mean a rapid  transit  railroad  or  any
    44  other facility or any railroad in the city used for local service in the
    45  transportation  of  passengers  as  common  carriers  for hire or in the
    46  transportation of the United States mail or personal property,  and  any
    47  portion  thereof  and the rights, leaseholds or other interests therein,
    48  together with the devices and appurtenances,  facilities  and  equipment
    49  thereof  and  power  plants  and  other instrumentalities used or useful
    50  therefor or in connection therewith, including but not limited  to  real
    51  and  personal property, notwithstanding that portions thereof may not be
    52  devoted to any transportation  purpose  other  than  the  production  of
    53  revenues  available for the costs and expenses of all or any transporta-
    54  tion facilities.
    55    37. "Transportation district" and "district" shall mean the  metropol-
    56  itan  commuter  transportation district created by chapter three hundred
        S. 994                              8                            A. 1924
 
     1  twenty-four of the laws of  nineteen  hundred  sixty-five,  as  amended,
     2  whose existence is continued by this title.
     3    38.  "Transportation  facility" shall mean any subway, railroad, omni-
     4  bus, marine or aviation facility  and  any  person,  firm,  partnership,
     5  association  or  corporation  which  owns,  leases  or operates any such
     6  facility or any other facility used for service in the transportation of
     7  passengers, United States mail or personal property as a common  carrier
     8  for  hire  and  any  portion thereof and the rights, leaseholds or other
     9  interest, real or personal, therein together with routes, tracks, exten-
    10  sions, connections, parking lots, garages,  warehouses,  yards,  storage
    11  yards,  maintenance and repair shops, terminals, stations, together with
    12  the devices and appurtenances,  facilities  and  equipment  thereof  and
    13  power  plants  and other instrumentalities used or useful therefor or in
    14  connection therewith, notwithstanding that portions thereof may  not  be
    15  devoted  to  any purpose other than the production of revenues available
    16  for the costs and expenses of all or any transportation facilities.
    17    § 1260-b. Metropolitan commuter transportation  district.  A  commuter
    18  transportation  district  known as the metropolitan commuter transporta-
    19  tion district created and established by chapter three  hundred  twenty-
    20  four  of  the laws of nineteen hundred sixty-five, as amended, is hereby
    21  continued  in  existence.  The  metropolitan   commuter   transportation
    22  district  shall  embrace  the city and the counties of Dutchess, Nassau,
    23  Orange, Putnam, Rockland, Suffolk and Westchester.
    24    § 1260-c. Metropolitan transportation authority. 1.  (a)  (1)  A  body
    25  corporate and politic constituting a public benefit corporation known as
    26  the  "metropolitan  transportation authority" created and established by
    27  chapter three hundred  twenty-four  of  the  laws  of  nineteen  hundred
    28  sixty-five,  as  amended,  is hereby continued in existence. Each of the
    29  subsidiaries of the authority, subject to the provisions of this  title,
    30  is  hereby  also  continued  in existence. The authority shall be a body
    31  corporate and politic constituting a  public  benefit  corporation.  The
    32  authority  shall  consist  of a chair, sixteen other voting members, and
    33  two non-voting and six alternate non-voting  members,  as  described  in
    34  subparagraph two of this paragraph appointed by the governor by and with
    35  the advice and consent of the senate. Four of the sixteen voting members
    36  other than the chair shall be appointed on the written recommendation of
    37  the  mayor;  and each of seven other voting members other than the chair
    38  shall be appointed after selection from a written list of  three  recom-
    39  mendations  from  the chief executive officer of the county in which the
    40  particular member is required to reside pursuant to  the  provisions  of
    41  this  subdivision.    Of  the members appointed on recommendation of the
    42  chief executive officer of a county, one such member shall  be,  at  the
    43  time  of appointment, a resident of the county of Nassau; one a resident
    44  of the county of Suffolk; one a resident of the county  of  Westchester;
    45  one  a  resident of the county of Dutchess; one a resident of the county
    46  of Orange; one a resident of the county of Putnam and one a resident  of
    47  the  county  of  Rockland.  Of  the  five voting members, other than the
    48  chair, appointed by the governor without recommendation from  any  other
    49  person,  three  shall  be,  at the time of appointment, residents of the
    50  city and two shall be, at the time of  appointment,  residents  of  such
    51  city or of any of the aforementioned counties in the metropolitan commu-
    52  ter  transportation district. The chair and each of the members shall be
    53  appointed for a term of six years,  provided  however,  that  the  chair
    54  appointed  on  December  fourteenth,  nineteen hundred ninety-nine shall
    55  serve for a term ending  June  thirtieth,  two  thousand  six,  and  the
    56  sixteen other members appointed shall serve for the following terms: the
        S. 994                              9                            A. 1924
 
     1  members from the counties of Nassau and Westchester shall each serve for
     2  a  term  ending  June thirtieth, two thousand nine; the members from the
     3  county of Suffolk and from the counties of Dutchess, Orange, Putnam  and
     4  Rockland shall each serve for a term ending June thirtieth, two thousand
     5  four;  two of the members appointed on recommendation of the mayor shall
     6  each serve for a term ending June thirtieth, two thousand five and,  two
     7  shall  each  serve  for a term ending June thirtieth two thousand eight;
     8  two of the members appointed by the governor without the  recommendation
     9  of  any  other person shall each serve for a term ending June thirtieth,
    10  two thousand four, one shall serve for a term ending June thirtieth, two
    11  thousand nine, one shall serve for a term  ending  June  thirtieth,  two
    12  thousand five, and one shall serve for a term ending June thirtieth, two
    13  thousand  six. The members from the counties of Dutchess, Orange, Putnam
    14  and Rockland shall cast one collective vote. The members  in  office  at
    15  the date of passage of this title shall continue in office for the dura-
    16  tion of that member's term.
    17    (2) There shall be two non-voting members and six alternate non-voting
    18  members  of  the  authority,  as referred to in subparagraph one of this
    19  paragraph.
    20    The first non-voting member shall be a regular mass  transit  user  of
    21  the  facilities  of  the authority and be recommended to the governor by
    22  the MTA subways advisory council. The first alternate non-voting  member
    23  shall  be a regular mass transit user of the facilities of the authority
    24  and be recommended to the governor by the MTA rail  advisory  council  -
    25  Metro-North.  The  second alternate non-voting member shall be a regular
    26  mass transit user of the facilities of the authority and be  recommended
    27  to  the  governor  by  the MTA bus advisory council. The third alternate
    28  non-voting member shall be a regular mass transit user of the facilities
    29  of the authority and be recommended to the  governor  by  the  MTA  rail
    30  advisory council - Long Island.
    31    The  second  non-voting member shall be recommended to the governor by
    32  the labor organization representing the majority  of  employees  of  MTA
    33  rail  -  Long  Island.  The  fourth alternate non-voting member shall be
    34  recommended to the governor by the labor organization  representing  the
    35  majority  of employees of MTA bus. The fifth alternate non-voting member
    36  shall be recommended to the governor by the labor  organization  repres-
    37  enting  the  majority  of employees of MTA rail - Metro-North. The sixth
    38  alternate non-voting member shall be recommended to the governor by  the
    39  labor  organization  representing  the  majority  of  employees  of  MTA
    40  subways.   The chair of the authority, at  his  or  her  direction,  may
    41  exclude  such  non-voting  member  or  alternate  non-voting member from
    42  attending any portion of a meeting of the authority or of any  committee
    43  established  pursuant  to  paragraph  (b)  of  subdivision  four of this
    44  section held for the  purpose  of  discussing  negotiations  with  labor
    45  organizations.
    46    The  non-voting  member  and  the  three  alternate non-voting members
    47  representing the MTA subways advisory council, the  MTA  rail  -  Metro-
    48  North  advisory council, the MTA bus advisory council and the MTA rail -
    49  Long Island advisory council shall serve eighteen month rotating  terms,
    50  after  which  time  an alternate non-voting member shall become the non-
    51  voting member and the  rotation  shall  continue  until  each  alternate
    52  member  has  served  at  least  one  eighteen month term as a non-voting
    53  member. The other non-voting member  and  alternate  non-voting  members
    54  representing the MTA rail - Long Island, MTA bus, MTA rail - Metro-North
    55  and  MTA subways labor organizations shall serve eighteen month rotating
    56  terms, after which time an alternate non-voting member shall become  the
        S. 994                             10                            A. 1924
 
     1  non-voting  member  and the rotation shall continue until each alternate
     2  member has served at least one  eighteen  month  term  as  a  non-voting
     3  member. MTA subways, MTA rail - Metro-North, MTA bus and MTA rail - Long
     4  Island  shall  not  be  represented  concurrently  by the two non-voting
     5  members during any such eighteen month period.
     6    (b) The mayor's plan submitted to the governor, the  temporary  presi-
     7  dent  of  the senate and the speaker of the assembly pursuant to chapter
     8  three hundred sixty-seven  of  the  laws  of  nineteen  hundred  ninety,
     9  detailing  how  the  governor,  upon  the  written recommendation of the
    10  mayor, made the four board appointments relating to  the  representation
    11  of  each  county  within  the  city  on  such board shall continue to be
    12  followed.
    13    (c) Vacancies occurring otherwise than by expiration of term shall  be
    14  filled  in  the  same manner as original appointments for the balance of
    15  the unexpired term.
    16    2. The chair and each vice chair shall be paid a salary in the  amount
    17  determined by the authority; the other members shall not receive a sala-
    18  ry or other compensation. Each member, including the chair and each vice
    19  chair,  shall  be  entitled  to  reimbursement  for actual and necessary
    20  expenses incurred in the performance of his or her official duties.
    21    3. (a) A majority of the whole number of voting members of the author-
    22  ity then in office shall constitute a quorum for the transaction of  any
    23  business or the exercise of any power of the authority. Except as other-
    24  wise specified in this title, for the transaction of any business or the
    25  exercise  of  any power of the authority, the authority shall have power
    26  to act by a majority vote of the voting members present at  any  meeting
    27  at which a quorum is in attendance and except further, that in the event
    28  of  a tie vote the chair shall cast one additional vote. For purposes of
    29  this section, members who have  rescued  themselves  or  abstained  from
    30  voting  on a particular item may be counted for purposes of constituting
    31  a quorum, but shall not be counted in determining whether a majority  or
    32  other percentage of voting members present at any meeting has acted.
    33    (b)  For  purposes  of  determining  the presence of a quorum, and for
    34  purposes of  participation  on  any  committee  or  subcommittee,  those
    35  members  who  collectively cast a single vote pursuant to the provisions
    36  of paragraph (a) of subdivision one of this section shall be  considered
    37  to  be  a single member, and the presence of such member shall be deter-
    38  mined as provided in this subdivision. Except as otherwise provided in a
    39  by-law adopted as provided by this section, such single  member  consti-
    40  tuting those members entitled to a collective vote shall be deemed pres-
    41  ent  as  a  single member for purposes of a quorum if one or more of the
    42  members then in office entitled to cast such collective vote is present,
    43  and such collective vote shall be cast in accordance with  the  majority
    44  agreement  of  the members entitled to a collective vote who are present
    45  or in the event a single member entitled to a collective vote is present
    46  it shall be cast by that member.  To  evidence  the  existence  of  such
    47  majority agreement among the members entitled to a collective vote, each
    48  such  member  shall  be  polled  as  to  his vote and such poll shall be
    49  recorded in the minutes. In the event a majority vote is not achieved by
    50  the members entitled to a collective vote who are present, then the vote
    51  shall not be cast.  Nothing in this section shall limit the right of  an
    52  individual  member  to  participate in board meetings or in other activ-
    53  ities of the authority when the other members then in office entitled to
    54  collectively cast a vote are not present. At any meeting of the authori-
    55  ty at which there is a quorum including all the members then  in  office
    56  entitled  to cast a collective vote, the authority may adopt a by-law or
        S. 994                             11                            A. 1924
 
     1  by-laws regulating the casting of such  collective  vote,  provided  all
     2  members  then in office entitled to cast a collective vote affirmatively
     3  approve such by-law or by-laws. Any action taken  by  the  authority  in
     4  accordance  with  any  such  by-law  or  by-laws adopted pursuant to the
     5  provisions of this paragraph shall take effect in the same manner as any
     6  other action of the authority. Any such  by-law  or  by-laws  shall  not
     7  provide  for the casting of any fractional vote. Nor shall such a by-law
     8  or by-laws provide for the amendment, repeal or adoption in  the  future
     9  of  such  a  by-law  or by-laws in a manner other than that set forth in
    10  this paragraph.
    11    (c) No provision of paragraph (b) of this subdivision relating to  the
    12  adoption  of certain by-laws by the authority shall affect the manner in
    13  which by-laws of the authority are adopted concerning any subject  other
    14  than the voting and presence for quorum purposes of the members from the
    15  counties of Dutchess, Putnam, Orange and Rockland.
    16    4. (a) The chair shall be the chief executive officer of the authority
    17  and shall be responsible for the discharge of the executive and adminis-
    18  trative functions and powers of the authority.  On recommendation of the
    19  chair,  the  authority  shall appoint an executive director who shall be
    20  responsible for the administration and the day-to-day operations of  the
    21  MTA  agencies  and  who  shall  not be a member of the MTA agencies. The
    22  chair shall be empowered to delegate any one or more of his or her func-
    23  tions or powers to the executive director, provided, however,  that  the
    24  chair  shall  delegate  to  the  executive  director  such functions and
    25  powers, including, without limitation, that of  appointment,  discipline
    26  and removal of officers or employees, as are necessary for the executive
    27  director to discharge his or her responsibilities.
    28    (b)  The  chair shall establish committees to assist him or her in the
    29  performance of his or her  duties  and  shall  appoint  members  of  the
    30  authority  to  such  committees. Among such committees, there shall be a
    31  committee on operations of each of the  MTA  agencies;  a  committee  on
    32  finance;  and  a  committee on capital program oversight. In addition to
    33  such appointed members, each of the non-voting members  referred  to  in
    34  subparagraph  two  of  paragraph  (a) of subdivision one of this section
    35  shall serve on the committee on capital program oversight, the committee
    36  on finance, the committee on operations of MTA bridges and tunnels,  and
    37  the  operations  committee  relevant to the advisory council that recom-
    38  mended such member. The alternate non-voting members shall each serve on
    39  the respective operations committee relevant  to  the  advisory  council
    40  that recommended each member. The committee on capital program oversight
    41  shall include the chairpersons of the committee on operations of the MTA
    42  agencies. Such committee shall, with respect to any approved or proposed
    43  capital  program  plans, (i) monitor the current and future availability
    44  of funds to be utilized for  such  plans  approved  or  proposed  to  be
    45  submitted  to  the metropolitan transportation authority capital program
    46  review board as provided in section twelve hundred sixty-one-a  of  this
    47  title;  (ii)  monitor  the contract awards of the MTA agencies to ensure
    48  that such awards are consistent with (A) provisions of  law  authorizing
    49  United  States  content  and  New  York  state  content;  (B) collective
    50  bargaining agreements; (C) provisions of law providing for participation
    51  by minority and women-owned businesses; (D) New York state  labor  laws;
    52  (E)  competitive  bidding  requirements  including  those regarding sole
    53  source contracts; and (F) any other relevant requirements established by
    54  law; (iii) monitor the award of contracts to determine  if  such  awards
    55  are  consistent  with  the  manner  in  which the work was traditionally
    56  performed in the past provided, however,  that  any  such  determination
        S. 994                             12                            A. 1924
 
     1  shall  not  be  admissible  as  evidence  in any arbitration or judicial
     2  proceeding; (iv) review the relationship  between  capital  expenditures
     3  pursuant  to each such capital program plan and current and future oper-
     4  ating  budget requirements; (v) monitor the progress of capital elements
     5  described in each capital program plan approved as provided  in  section
     6  twelve  hundred sixty-one-a of this title; (vi) monitor the expenditures
     7  incurred and to be incurred for each such element;  and  (vii)  identify
     8  capital  elements  not progressing on schedule, ascertain responsibility
     9  therefor and recommend those actions required or appropriate to acceler-
    10  ate their implementation. The committee shall issue a  quarterly  report
    11  on  its activities and findings, and shall in connection with the prepa-
    12  ration of such quarterly report, consult with the state division of  the
    13  budget,  the  state  department  of  transportation,  the members of the
    14  authority capital program review board and any other group the committee
    15  deems relevant, including public employee organizations, and,  at  least
    16  annually,  with  a nationally recognized independent transit engineering
    17  firm. Such report shall be made available to the members of the authori-
    18  ty, to the members of the authority capital program review  board,  and,
    19  for  as long as its existence is continued, the directors of the munici-
    20  pal assistance corporation for the city.
    21    (c) The chair shall ensure that at every meeting of the board  and  at
    22  every meeting of each committee the public shall be allotted a period of
    23  time, not less than thirty minutes, to speak on any topic on the agenda.
    24    5.  Notwithstanding  any  inconsistent provisions of this or any other
    25  law, general, special or local, no officer or employee of the state,  or
    26  of  any  public  corporation  as defined in the general corporation law,
    27  shall be deemed to have forfeited or shall forfeit his or her office  or
    28  employment  or  any  benefits  provided  under the retirement and social
    29  security law or under any public retirement  system  maintained  by  the
    30  state  or  any of its subdivisions by reason of his or her acceptance of
    31  membership on or chairship of the authority; provided, however, a member
    32  or chair who holds such other public office or employment shall  receive
    33  no additional compensation for services rendered pursuant to this title,
    34  but  shall be entitled to reimbursement for his or her actual and neces-
    35  sary expenses incurred in the performance of such services.
    36    6. The governor may remove any member  for  inefficiency,  neglect  of
    37  duty  or  misconduct in office after giving him or her a written copy of
    38  the charges against him or her and an opportunity to be heard, in person
    39  or by counsel in his or her  defense,  upon  not  less  than  ten  days'
    40  notice.  If  any  member shall be so removed, the governor shall file in
    41  the office of the department of state a complete  statement  of  charges
    42  made against such member, and his or her findings thereon, together with
    43  a complete record of the proceedings.
    44    7.  The authority shall continue so long as it or any of the MTA agen-
    45  cies shall have bonds, notes or other obligations outstanding and  until
    46  its  existence  shall be terminated by law.  Upon the termination of the
    47  existence of the authority, all its rights and properties shall pass  to
    48  and be vested in the state.
    49    8.  The  record  of  the  proceedings of the MTA agencies or certified
    50  copies thereof, shall be prima facie evidence of the proceedings of  the
    51  MTA  agencies,  in  respect  to matters concerning which such records or
    52  minutes relate. Certified copies of such records or papers shall in like
    53  manner constitute prima facie evidence.
    54    § 1260-d. Purposes of the authority. 1. The purposes of the  authority
    55  shall  be the continuance, further development and improvement of trans-
    56  portation and other services related  thereto  within  the  metropolitan
        S. 994                             13                            A. 1924
 
     1  commuter  transportation  district,  including  but  not limited to such
     2  transportation by subway, rail, omnibus, marine and air, and bridges and
     3  tunnels, in accordance with the provisions of this title.  It  shall  be
     4  the further purpose of the authority, whose board is the board of all of
     5  the MTA agencies, to develop and implement a unified mass transportation
     6  policy for such district.
     7    2.  It  is  hereby  found  and  declared that such purposes are in all
     8  respects for the benefit of the people of the state of New York and  the
     9  authority  shall  be  regarded  as  performing an essential governmental
    10  function in carrying out its  purposes  and  in  exercising  the  powers
    11  granted by this title.
    12    § 1260-e. General powers of the authority. Except as otherwise limited
    13  by  this  title,  the authority shall have power, which may be exercised
    14  directly or by one or more of the other MTA agencies:
    15    1. To sue and be sued;
    16    2. To have a seal and alter the same at pleasure;
    17    3. To borrow money for working capital or other capital or non-capital
    18  purposes, including the provision  of  insurance,  to  issue  negotiable
    19  bonds,  notes  or other obligations and to provide for the rights of the
    20  owners thereof, and to finance or refinance all or any part of the costs
    21  to the MTA agencies or to any other person or entity, public or private,
    22  of the planning, design, acquisition, construction, improvement,  recon-
    23  struction or rehabilitation of any transportation facility or MTA bridg-
    24  es and tunnels project;
    25    4.  To  invest  any  funds,  accounts or other monies not required for
    26  immediate use or disbursement, at the discretion of the MTA agencies, in
    27  (a) obligations of the state or the United States government, (b)  obli-
    28  gations  the principal and interest of which are guaranteed by the state
    29  or the United States government, (c) certificates of deposit of banks or
    30  trust companies in this state, secured,  if  the  MTA  agency  shall  so
    31  require, by obligations of the United States or of the state of New York
    32  of  a  market value equal at all times to the amount of the deposit, (d)
    33  banker's acceptances with a maturity of ninety days or  less  which  are
    34  eligible  for  purchase by the federal reserve banks and whose rating at
    35  the time of purchase is in the highest rating category of two nationally
    36  recognized independent rating agencies, provided,  however,  that,  with
    37  respect  to  each  MTA agency, the amount of banker's acceptances of any
    38  one bank shall not exceed two hundred fifty million dollars,  (e)  obli-
    39  gations  of any bank or corporation created under the laws of either the
    40  United States or any state of the  United  States  maturing  within  two
    41  hundred seventy days, provided that such obligations receive the highest
    42  rating  of  two  nationally  recognized independent rating agencies and,
    43  provided further, that, with respect to each MTA agency,  no  more  than
    44  two hundred fifty million dollars may be invested in such obligations of
    45  any  one  bank or corporation, (f) as to any such monies held in reserve
    46  and sinking funds, other securities in which the trustee or trustees  of
    47  any public retirement system or pension fund has the power to invest the
    48  monies  thereof  pursuant to article four-a of the retirement and social
    49  security law, each such reserve and sinking  fund  being  treated  as  a
    50  separate  fund  for the purposes of article four-a of the retirement and
    51  social security law, (g) notes, bonds, debentures, mortgages  and  other
    52  evidences  of  indebtedness,  issued  or  guaranteed  at the time of the
    53  investment by the United States postal  service,  the  federal  national
    54  mortgage  association,  the  federal home loan mortgage corporation, the
    55  student loan marketing association, the federal farm credit  system,  or
    56  any  other  United  States government sponsored agency, provided that at
        S. 994                             14                            A. 1924
 
     1  the time of the investment such agency or its obligations are rated  and
     2  the  agency  receives, or its obligations receive, the highest rating of
     3  all independent rating agencies that  rate  such  agency  or  its  obli-
     4  gations,  provided,  however,  that, with respect to each MTA agency, no
     5  more than two hundred fifty million dollars or such  greater  amount  as
     6  may  be  authorized  for investment for the state comptroller by section
     7  ninety-three of the state finance law may be invested in the obligations
     8  of any one agency, (h) general obligation bonds and notes of  any  state
     9  other  than  the  state,  provided that such bonds and notes receive the
    10  highest rating of at least one independent rating agency, and bonds  and
    11  notes  of  any  county,  town,  city,  village,  fire district or school
    12  district of the state, provided that such bonds and notes receive either
    13  of the two highest ratings of at least two independent rating  agencies,
    14  (i)  mutual  funds  registered  with  the  United  States securities and
    15  exchange commission whose investments are limited to obligations of  the
    16  state  described  in  paragraph (a) of this subdivision, obligations the
    17  principal and interest of which are guaranteed by the state described in
    18  paragraph (b) of this subdivision, and  those  securities  described  in
    19  paragraph  (h)  of  this  subdivision and that have received the highest
    20  rating of at least one independent rating agency,  provided  that,  with
    21  respect  to  each  MTA  agency, the aggregate amount invested at any one
    22  time in all such mutual funds shall not exceed ten million dollars, and,
    23  provided further, that the MTA  agency  shall  not  invest  such  funds,
    24  accounts  or  other  monies  in  any  mutual fund for longer than thirty
    25  consecutive days, and (j) financial  contracts  in  a  foreign  currency
    26  entered into for the purpose of minimizing the foreign currency exchange
    27  risk  of  the  purchase price of a contract with a vendor chosen through
    28  competitive process for the acquisition of capital assets for the  bene-
    29  fit of the capital program of any of the MTA agencies;
    30    5. To make and alter by-laws for its organization and internal manage-
    31  ment, and rules and regulations governing the exercise of its powers and
    32  the fulfillment of its purposes under this title;
    33    6.  (a)  To enter into contracts and leases and to execute all instru-
    34  ments necessary, convenient or desirable in connection therewith; and
    35    (b) With respect to  any  lease,  sale-leaseback,  lease-leaseback  or
    36  related  transaction  involving  equipment,  facilities or other real or
    37  personal property of any of the MTA agencies, an  MTA  agency  shall  be
    38  permitted  to  economically defease some or all of the MTA agency's real
    39  and potential financial obligations under such transaction  through  the
    40  purchase  of  securities  or  the  entering into of payment undertaking,
    41  letter of credit or other agreements or instruments designed to  achieve
    42  such economic defeasance which meet criteria set forth from time to time
    43  by  the  board of the authority and, at the MTA agency's discretion, may
    44  pledge such securities, agreements or instruments to secure  the  inter-
    45  ests of other parties to the transaction;
    46    7.  To  acquire, hold, use, and dispose of, real and personal property
    47  for its corporate purposes;
    48    8. To appoint such officers and employees as it may  require  for  the
    49  performance  of  its  duties,  and to fix and determine their qualifica-
    50  tions, duties, and compensation and to retain or employ  counsel,  audi-
    51  tors, engineers and private consultants on a contract basis or otherwise
    52  for rendering professional or technical services and advice;
    53    9.  (a) Notwithstanding section one hundred thirteen of the retirement
    54  and social security law or any other general or special law, the author-
    55  ity may continue or provide to its affected officers and  employees  any
    56  retirement, disability, death or other benefits provided or required for
        S. 994                             15                            A. 1924
 
     1  railroad personnel pursuant to federal or state law. Notwithstanding any
     2  provisions of the civil service law, no officer or employee of a subsid-
     3  iary  corporation  of the authority, other than a public benefit subsid-
     4  iary corporation, shall be a public officer or a public employee;
     5    (b)  The  authority  may be a "participating employer" in the New York
     6  state employees' retirement system with respect to one or  more  classes
     7  of  officers  and  employees,  as  may be provided by resolution of such
     8  authority, or any subsequent amendment thereof,  filed  with  the  state
     9  comptroller and accepted by him or her pursuant to section thirty-one of
    10  the retirement and social security law. In taking any action pursuant to
    11  this  paragraph, the authority shall consider the coverages and benefits
    12  continued or provided pursuant to paragraph (a) of this subdivision;
    13    (c) Notwithstanding section one hundred thirteen of the retirement and
    14  social security law or any other general or special law,  the  authority
    15  may provide a supplemental pension plan for those officers and employees
    16  of any MTA agency who transfer to another MTA agency and who do not have
    17  the  right  pursuant to section forty-three of the retirement and social
    18  security law to transfer their membership in the pension plan or retire-
    19  ment system which covers their employment with their first MTA agency to
    20  the pension plan or retirement system which covers their employment with
    21  the second MTA agency;
    22    10. To make plans,  surveys,  and  studies  necessary,  convenient  or
    23  desirable  to  the  effectuation  of  the purposes and powers of the MTA
    24  agencies and to prepare recommendations in regard thereto;
    25    11. To enter upon such lands, waters or premises as in the judgment of
    26  the authority may be necessary, convenient or desirable for the  purpose
    27  of making surveys, soundings, borings and examinations to accomplish any
    28  purpose  authorized by this title, the authority being liable for actual
    29  damage done;
    30    12. The authority may  conduct  investigations  and  hearings  in  the
    31  furtherance  of  its general purposes, and in aid thereof have access to
    32  any books, records or papers relevant thereto; and if any  person  whose
    33  testimony  shall be required for the proper performance of the duties of
    34  the authority shall fail or refuse to aid or assist the authority in the
    35  conduct of any investigation or hearing,  or  to  produce  any  relevant
    36  books, records or other papers, the authority is authorized to apply for
    37  process  of  subpoena,  to  issue  out  of any court of general original
    38  jurisdiction whose process can reach such person, upon due cause shown;
    39    13. A copy of any  report  submitted  by  the  authority  pursuant  to
    40  sections twenty-eight hundred, twenty-eight hundred one and twenty-eight
    41  hundred  two  of this chapter shall be forwarded to the mayor and to the
    42  chair of the board of supervisors and to the county executive,  if  any,
    43  of each county within the district; and
    44    14.  To  do all things necessary, convenient or desirable to carry out
    45  its purposes and for the exercise of the powers granted in this title.
    46    § 1260-f. Special powers of the authority. In order to effectuate  the
    47  purposes of this title:
    48    1.  The  authority  may  acquire,  by purchase, gift, grant, transfer,
    49  contract or lease, any  transportation  facility,  wholly  or  partially
    50  within  the  district,  or any part thereof, or the use thereof, and may
    51  enter into any joint service arrangements as hereinafter  provided.  Any
    52  such  acquisition  or joint service arrangement shall be authorized only
    53  by resolution of the authority approved by not less than a majority vote
    54  determined in accordance with paragraphs  (a)  and  (b)  of  subdivision
    55  three of section twelve hundred sixty-c of this title.
        S. 994                             16                            A. 1924
 
     1    2. The authority may on such terms and conditions as the authority may
     2  determine  necessary,  convenient  or  desirable  itself  plan,  design,
     3  acquire, establish, construct, effectuate, operate, maintain,  renovate,
     4  improve,  extend,  rehabilitate or repair any transportation facility or
     5  MTA bridges and tunnel project or may provide for such planning, design,
     6  acquisition, establishment, construction, effectuation, operation, main-
     7  tenance, renovation, improvement, extension, rehabilitation or repair by
     8  contract,  lease or other arrangement on such terms as the authority may
     9  deem necessary, convenient or desirable with any person,  including  but
    10  not  limited  to any common carrier or freight forwarder, the state, any
    11  state agency, the federal government,  any  other  state  or  agency  or
    12  instrumentality  thereof,  any  public  authority  of  this or any other
    13  state, the port authority of New York and New Jersey  or  any  political
    14  subdivision  or municipality of the state. In connection with the opera-
    15  tion of any transportation facility or MTA bridges and tunnels  project,
    16  the  authority may plan, design, acquire, establish, construct, effectu-
    17  ate, operate, maintain, renovate,  improve,  extend  or  repair  or  may
    18  provide  by  contract,  lease  or  other  arrangement  for the planning,
    19  design, acquisition, establishment, construction,  effectuation,  opera-
    20  tion,  maintenance,  renovation, improvement, extension or repair of any
    21  related services and activities it deems necessary, convenient or desir-
    22  able, including but not limited to the  transportation  and  storage  of
    23  freight  and  the  United States mail, feeder and connecting transporta-
    24  tion, parking areas, transportation centers, stations and related facil-
    25  ities.
    26    3. The authority may establish, levy and collect or cause to be estab-
    27  lished, levied and collected  and,  in  the  case  of  a  joint  service
    28  arrangement,  join with others in the establishment, levy and collection
    29  of such fares, tolls, rentals, rates, charges and other fees as  it  may
    30  deem necessary, convenient or desirable for the use and operation of any
    31  transportation  facility  and  related services operated by MTA rail, or
    32  under contract, lease or  other  arrangement,  including  joint  service
    33  arrangements, with the authority. Any such fares, tolls, rentals, rates,
    34  charges  or  other  fees  for  the transportation of passengers shall be
    35  established and changed only if approved by resolution of the  authority
    36  adopted  by  not less than a majority vote determined in accordance with
    37  paragraphs (a) and (b) of subdivision three of  section  twelve  hundred
    38  sixty-c  of this title, and only after a public hearing, provided howev-
    39  er, that fares, tolls, rentals, rates, charges or  other  fees  for  the
    40  transportation of passengers on any transportation facility which are in
    41  effect  at  the time that the then owner of such transportation facility
    42  becomes a subsidiary corporation of an MTA agency or at  the  time  that
    43  operation of such transportation facility is commenced by the MTA agency
    44  or  is  commenced  under contract, lease or other arrangement, including
    45  joint service arrangements, with the MTA  agency  may  be  continued  in
    46  effect without such a hearing. Such fares, tolls, rentals, rates, charg-
    47  es  and  other  fees  shall be established as may in the judgment of the
    48  authority be necessary to maintain the operations of the  authority  and
    49  MTA rail on a self-sustaining basis. The said operations shall be deemed
    50  to  be  on  a  self-sustaining basis as required by this title, when the
    51  authority is able to pay or cause to be paid from revenue and any  other
    52  funds  or  property actually available to the authority and MTA rail (a)
    53  as the same shall become due, the principal of and interest on the bonds
    54  and notes and other obligations of the authority and MTA rail,  together
    55  with  the  maintenance  of  proper  reserves  therefor, (b) the cost and
    56  expense of keeping the properties and assets of the  authority  and  MTA
        S. 994                             17                            A. 1924
 
     1  rail  in  good  condition  and repair, and (c) the capital and operating
     2  expenses of the authority and MTA rail. The authority may contract  with
     3  the  owners  of  bonds,  notes and other obligations with respect to the
     4  exercise  of  the  powers authorized by this section.  No acts or activ-
     5  ities taken or proposed to be taken by the MTA agencies pursuant to  the
     6  provisions  of  this subdivision shall be deemed to be "actions" for the
     7  purposes or within the meaning of article  eight  of  the  environmental
     8  conservation law.
     9    4.  In furtherance of the authority's mandate to develop and implement
    10  a unified mass transportation policy for the district and  the  exercise
    11  of  its powers including the power to issue bonds, notes and other obli-
    12  gations secured in whole or in part by the revenues of the MTA agencies,
    13  the authority shall join with the other MTA agencies in connection  with
    14  any  change  in  the establishment, levy and collection of fares, tolls,
    15  rentals, rates, charges and other fees for the transportation of passen-
    16  gers on any transportation facilities operated by the  other  MTA  agen-
    17  cies.
    18    5.  The  authority  may  establish  and,  in the case of joint service
    19  arrangements, join with others in the establishment  of  such  schedules
    20  and standards of operations and such other rules and regulations includ-
    21  ing  but  not limited to rules and regulations governing the conduct and
    22  safety of the public as it may deem necessary, convenient  or  desirable
    23  for  the  use  and  operation of any transportation facility and related
    24  services operated by the authority or under  contract,  lease  or  other
    25  arrangement,  including  joint service arrangements, with the authority.
    26  Such rules and regulations governing  the  conduct  and  safety  of  the
    27  public  shall  be  filed  with  the  department  of  state in the manner
    28  provided by section one hundred two of the executive law. In the case of
    29  any conflict between any  such  rule  or  regulation  of  the  authority
    30  governing  the  conduct or safety of the public and any local law, ordi-
    31  nance, rule or regulation, such rule  or  regulation  of  the  authority
    32  shall prevail. Violation of any such rule or regulation of the authority
    33  governing the conduct or the safety of the public in or upon any facili-
    34  ty  of the authority shall constitute an offense and shall be punishable
    35  by a fine not exceeding fifty dollars or imprisonment for not more  than
    36  thirty days or both.
    37    6.  (a) Each of the MTA agencies may acquire, hold, own, lease, estab-
    38  lish,  construct,  effectuate,  operate,  maintain,  renovate,  improve,
    39  extend  or repair any transportation facility or MTA bridges and tunnels
    40  project under its control or supervision through, and cause any  one  or
    41  more  of  its powers, duties, functions or activities to be exercised or
    42  performed by, one or more wholly owned subsidiary corporations  and  may
    43  transfer  to  or from any such corporations any monies, real property or
    44  other property for any of the purposes of this title upon such terms and
    45  conditions as shall be agreed to and subject to such payment  or  repay-
    46  ment obligations as are required by law or by any agreement to which any
    47  of  the  affected  entities is subject. The directors or members of each
    48  such subsidiary corporation  shall  be  the  same  persons  holding  the
    49  offices of members of the authority. Each such subsidiary corporation of
    50  each  MTA agency and any of its property, functions and activities shall
    51  have all  of  the  privileges,  immunities,  tax  exemptions  and  other
    52  exemptions  of  the  MTA  agency creating such subsidiary and of the MTA
    53  agency's property, functions and activities. Each such subsidiary corpo-
    54  ration shall be subject to the restrictions and limitations to which the
    55  MTA agency creating it  may  be  subject,  unless  the  legislature  has
    56  authorized  additional powers. Each such subsidiary corporation shall be
        S. 994                             18                            A. 1924
 
     1  subject to suit in accordance with section twelve hundred sixty-three of
     2  this title. The employees of any  such  subsidiary  corporation,  except
     3  those  who are also employees of the MTA agency creating the subsidiary,
     4  shall not be deemed employees of such MTA agency.
     5    (b)  If any MTA agency shall determine that one or more of its subsid-
     6  iary corporations should be in the form of a public benefit corporation,
     7  it shall create each such public benefit corporation  by  executing  and
     8  filing with the secretary of state a certificate of incorporation, which
     9  may  be  amended  from time to time by filing, which shall set forth the
    10  name of such public benefit subsidiary corporation,  its  duration,  the
    11  location  of  its  principal  office,  and any or all of the purposes of
    12  acquiring, owning, leasing,  establishing,  constructing,  effectuating,
    13  operating,  maintaining,  renovating,  improving, extending or repairing
    14  one or more transportation facilities. Each such public benefit  subsid-
    15  iary  corporation  shall  be a body politic and corporate and shall have
    16  all those powers vested in the MTA agency creating it by the  provisions
    17  of  this  title  which  the MTA agency shall determine to include in its
    18  certificate of incorporation except the power to contract  indebtedness,
    19  provided,  however,  that  each  such subsidiary shall have the power to
    20  contract indebtedness in connection with obtaining or securing insurance
    21  liabilities for its own account or in conjunction with other  MTA  agen-
    22  cies,  including the power to make payments in connection with bonds and
    23  notes issued pursuant to section  twelve  hundred  sixty-two-d  of  this
    24  title.
    25    (c)  Whenever  any state, political subdivision, municipality, commis-
    26  sion, agency, officer, department, board, division or person is  author-
    27  ized  and  empowered for any of the purposes of this title to co-operate
    28  and enter into agreements with the  MTA  agency  such  state,  political
    29  subdivision,  municipality,  commission,  agency,  officer,  department,
    30  board, division or person shall have the same  authorization  and  power
    31  for  any of such purposes to co-operate and enter into agreements with a
    32  subsidiary corporation of the MTA agency.
    33    7. Each of the MTA agencies, in its own name or in  the  name  of  the
    34  state,  may  apply  for and receive and accept grants of property, money
    35  and services and other assistance offered or made available to it by any
    36  person, government or agency, which it may use to meet capital or  oper-
    37  ating expenses and for any other use within the scope of its powers, and
    38  to  negotiate for the same upon such terms and conditions as the respec-
    39  tive MTA agency may determine to be necessary, convenient or desirable.
    40    8. Subject to the rights of the owners of any outstanding bonds, notes
    41  or other obligations of the MTA agencies, and to  facilitate  the  effi-
    42  cient  financial  management of the MTA agencies, the authority may, and
    43  may permit and direct any MTA agency to,  transfer  revenues,  subsidies
    44  and  other  monies  or  securities  to  one or more funds or accounts of
    45  another MTA agency for use by such other MTA agency, either as a loan or
    46  as a grant, provided that if at the time of such transfer it is  reason-
    47  ably  anticipated  that  the  monies and securities so transferred are a
    48  loan that is expected to be reimbursed,  repaid  or  otherwise  provided
    49  for,  the  MTA agency that borrowed the monies or securities shall repay
    50  the loan by the end of the next succeeding calendar year following  such
    51  transfer.
    52    9.  (a) The authority may do all things it deems necessary, convenient
    53  or desirable to manage, control and direct the maintenance and operation
    54  of transportation facilities, equipment or real property operated by  or
    55  under contract, lease or other arrangement with the MTA agencies. Except
    56  as hereinafter specially provided, no municipality or political subdivi-
        S. 994                             19                            A. 1924
 
     1  sion,  including  but  not  limited  to a county, city, village, town or
     2  school or other district shall have jurisdiction over any transportation
     3  facilities of the MTA agencies, or any  of  their  activities  or  oper-
     4  ations.  The  local laws, resolutions, ordinances, rules and regulations
     5  of a municipality or  political  subdivision,  heretofore  or  hereafter
     6  adopted,  conflicting  with  this title or any rule or regulation of the
     7  MTA agencies, shall not be applicable to the activities or operations of
     8  the MTA agencies or the transportation facilities. Each municipality  or
     9  political  subdivision,  including  but  not  limited to a county, city,
    10  village, town or district in which any transportation facilities of  the
    11  MTA  agencies are located shall provide for such facilities police, fire
    12  and health protection services of the same character  and  to  the  same
    13  extent as those provided for residents of such municipality or political
    14  subdivision.
    15    (b) The jurisdiction, supervision, powers and duties of the department
    16  of  transportation  of  the state under the transportation law shall not
    17  extend to the authority in the exercise of any of its powers under  this
    18  title. The authority may agree with such department for the execution by
    19  such  department  of any grade crossing elimination project or any grade
    20  crossing separation reconstruction project along any  railroad  facility
    21  operated  by the MTA agencies or under contract, lease or other arrange-
    22  ment with the authority. Any such project shall be executed as  provided
    23  in  article  ten of the transportation law and the railroad law, respec-
    24  tively, and the costs of any such project shall be borne as provided  in
    25  such  laws,  except  that  the  authority's share of such costs shall be
    26  borne by the state.
    27    10. Notwithstanding the provisions of any other law, general,  special
    28  or  local, or of any agreement entered into in pursuance thereof, relat-
    29  ing to the repayment of any loan or advance made by the state to any  or
    30  all of the MTA agencies, the MTA agencies shall not be required to repay
    31  any  such loan or advance heretofore made from or by reason of the issu-
    32  ance of bonds or notes of either of them or from the  proceeds  realized
    33  upon  such  issuance  or from any other funds received by either of them
    34  from any source whatever in aid or assistance of the project or projects
    35  for the financing of which such bonds or notes are issued.
    36    11. No project to be constructed upon real property  theretofore  used
    37  for  a  transportation  purpose, or on an insubstantial addition to such
    38  property contiguous thereto, which will not change in a material respect
    39  the general character of such prior transportation use, nor any acts  or
    40  activities  in  connection  with  such  project, shall be subject to the
    41  provisions of article eight, nineteen, twenty-four or twenty-five of the
    42  environmental conservation law, or to any local law or ordinance adopted
    43  pursuant to any such article. Nor shall any acts or activities taken  or
    44  proposed  to be taken by the authority or by any other person or entity,
    45  public or private, in connection with the planning, design, acquisition,
    46  improvement, construction, reconstruction or rehabilitation of a  trans-
    47  portation facility, other than a marine or aviation facility, be subject
    48  to  the  provisions  of  article eight of the environmental conservation
    49  law, or to any local law or ordinance adopted pursuant to any such arti-
    50  cle if such acts or activities require the preparation  of  a  statement
    51  under  or  pursuant  to any federal law or regulation as to the environ-
    52  mental impact thereof.
    53    12. The authority may, upon suitable notice to and an offer to consult
    54  with an officer designated by the city, occupy the streets of  the  city
    55  for  the  purpose of doing any work over or under the same in connection
    56  with the improvement, construction, reconstruction or rehabilitation  of
        S. 994                             20                            A. 1924
 
     1  a  transportation  facility  without  the  consent of or payment to such
     2  city.
     3    13. The authority shall place on each transformer and substation which
     4  contains  polychlorinated  biphenyls  (PCBs)  a symbol so indicating the
     5  presence of PCBs. Use of a PCB mark illustrated in the rules  and  regu-
     6  lations promulgated pursuant to the federal Toxic Substances Control Act
     7  shall constitute compliance with the provisions of this subdivision.
     8    14.  (a)  Notwithstanding  any other provisions of law or the terms of
     9  any contract, the authority, in consultation with MTA subways,  MTA  bus
    10  and MTA rail, shall establish and implement a no fare program for trans-
    11  portation  on  MTA  subways, MTA bus (within the limits of the city) and
    12  MTA rail for individuals serving as personal care attendants  accompany-
    13  ing an Americans With Disabilities Act paratransit eligible individual.
    14    (b) In order to be eligible for such no fare program the personal care
    15  attendant  must  show his or her community based personal care attendant
    16  agency issued identification card. In order to be considered  accompany-
    17  ing  an  Americans With Disabilities Act paratransit eligible individual
    18  the personal care attendant shall have the same origin  and  destination
    19  as such paratransit eligible individual.
    20    15.  Notwithstanding any other provision of law, the authority and MTA
    21  rail shall establish and implement a half fare rate program for  persons
    22  with  serious  mental  illness  who are eligible to receive supplemental
    23  security income benefits as defined pursuant to  title  sixteen  of  the
    24  federal  social  security act and section two hundred nine of the social
    25  services law.
    26    16. Notwithstanding any conflicting provisions of general, special  or
    27  local  law,  and  pursuant to the authority's two thousand--two thousand
    28  four capital program plans approved by  the  authority  capital  program
    29  review  board,  the MTA agencies shall provide, from funds identified in
    30  such approved two thousand--two thousand four capital program plans,  up
    31  to  twelve  million  dollars  for  the financing of a bus and heavy duty
    32  vehicles emission research and testing facility  and  related  equipment
    33  located  in  the  state, whether within or outside of the transportation
    34  district, which facility shall be operated by the department of environ-
    35  mental conservation and shall be available for use  on  a  non-exclusive
    36  basis by the MTA agencies.
    37    17.  Notwithstanding  any  provision  of  this  title,  or  any  other
    38  provision of law, general, special or local, each MTA  agency  may  from
    39  time to time transfer and pay over as a grant or a loan to the other MTA
    40  agencies  all  or  part  of  its  surplus funds; and each MTA agency may
    41  accept and use any monies transferred and paid over to it by  the  other
    42  MTA agencies.
    43    §  1260-g.  MTA  -  subway  and  city bus projects within the city. 1.
    44  Subject to the provisions of this section, the authority,  acting  alone
    45  or  through  the MTA agencies, is hereby authorized (i) to plan, design,
    46  acquire, construct, reconstruct, rehabilitate  and  improve  facilities,
    47  equipment,  devices  and  appurtenances, and property or property rights
    48  constituting or to constitute  part  of,  or  used  or  to  be  used  in
    49  connection  with the operation of any subway or omnibus facility located
    50  in the city now or hereafter owned or operated by MTA subways or MTA bus
    51  (each of the foregoing activities and programs being referred to in this
    52  section, respectively, as a "subway project" and a "city bus  project"),
    53  (ii)  to finance the costs of a subway project and a city bus project by
    54  the issuance of its bonds, notes or other obligations,  (iii)  upon  the
    55  completion of any subway project or city bus project or part thereof, to
    56  cause  the same to be transferred, leased or subleased to MTA subways or
        S. 994                             21                            A. 1924
 
     1  MTA bus, as the case may be,  or  its  designated  subsidiary  or  other
     2  designee,  with or without consideration as the board may determine. The
     3  authority shall have no obligation to operate or, except as  may  other-
     4  wise  be provided in any lease to which it may be a party as hereinafter
     5  provided, repair or maintain any subway project or city bus  project  or
     6  part thereof subsequent to its completion nor shall it be liable, except
     7  as  may otherwise be provided in any lease to which it may be a party as
     8  hereinafter provided, to the transferee, lessee or sublessee  by  reason
     9  of  any  warranty,  express  or  implied, in respect thereof. Warranties
    10  furnished in connection with such subway project  or  city  bus  project
    11  shall  be  assignable  and  assigned  as  directed by the authority, MTA
    12  subways or MTA bus, as the case may be.
    13    2. In connection with any subway project or city bus project,  and  in
    14  order  to  effectuate the purposes of this section, the authority shall,
    15  subject to the provisions of  this  section,  have  all  of  the  powers
    16  provided elsewhere in this title, and, in addition, the authority may:
    17    (a)  issue its bonds, notes or other obligations to finance all or any
    18  part of the costs of the project;
    19    (b) finance all or any part of the costs to the MTA agencies or to any
    20  other person or entity, public or private, of such project  through,  or
    21  accompanied  by,  a  leasing of such project or any part thereof by such
    22  person or entity to an MTA agency or through or accompanied by a sale by
    23  an MTA agency to any such person or entity and leaseback to an MTA agen-
    24  cy, in each case for subleasing to an MTA agency, its designated subsid-
    25  iary or other designee with or without consideration, except  that  such
    26  leasing  or  leaseback  from such person or entity may be directly to an
    27  MTA agency or its designated subsidiary or other designee;
    28    (c) issue its bonds, notes or other obligations to  defease  the  lien
    29  of,  refund  or  otherwise  repay  any outstanding bonds, notes or other
    30  obligations of the MTA agencies which in the judgment of  the  authority
    31  would  otherwise delay, impede or prevent its financing a subway project
    32  or a city bus project;
    33    (d) accept from an MTA agency or its  subsidiary  or  from  the  city,
    34  acting by its mayor alone, a transfer of title to or the use, occupancy,
    35  control  or possession of any real or personal property (or any interest
    36  therein) needed or useful for or in connection with any  subway  project
    37  or city bus project;
    38    (e) obtain security for the payment by an MTA agency or its subsidiary
    39  of  its  bonds, notes or other obligations, including a pledge of all or
    40  any part of any of their revenues, which pledge  may  contain  covenants
    41  with  respect to the charging and fixing of fares, fees and rentals, the
    42  use and disposition of such fares, fees, rentals and other revenues, and
    43  the setting aside of reserves therefrom;
    44    (f) with the consent of an MTA agency or  its  designated  subsidiary,
    45  use, with or without compensation, its agents, employees and facilities;
    46  and
    47    (g)  apply  for,  accept,  enter  into  contracts  for, administer and
    48  disburse any federal, state or local aid or assistance, subject  to  the
    49  terms  and  conditions  thereof,  which  may be available for any subway
    50  project or city bus project.
    51    3. All of the provisions of  this  title  not  inconsistent  with  the
    52  provisions  of  this  section  shall  be  applicable with respect to any
    53  bonds, notes or other obligations of the  authority  issued  or  entered
    54  into  to  finance  any subway project or city bus project, or to defease
    55  the lien of, refund or otherwise repay outstanding bonds, notes or other
    56  obligations of the authority, subject to the following conditions:
        S. 994                             22                            A. 1924
 
     1    (a) such bonds and notes shall be payable as to principal,  redemption
     2  premium,  if any, and interest and such other obligations shall be paya-
     3  ble, all in the manner more particularly provided by  the  authority  in
     4  the resolution under which the same shall be authorized to be issued;
     5    (b) such lease obligations shall be special obligations limited to the
     6  recovery  of the leased property by the lessor and as to the payments of
     7  sums of money coming due thereunder, to proceedings against the  subles-
     8  see under any underlying sublease or pursuant to any covenant, pledge or
     9  assignment  given  to secure sums payable under such lease or underlying
    10  sublease;
    11    (c) notwithstanding and in addition to any provisions for the  redemp-
    12  tion  of such bonds or notes which may be contained in any contract with
    13  the owners thereof, the  city  may,  upon  furnishing  sufficient  funds
    14  therefor,  require  the authority to redeem as a whole any issue of such
    15  bonds or notes at the time or times and at the place or  places  and  in
    16  accordance with the terms upon which such bonds or notes are redeemable;
    17  and
    18    (d)  neither  the  state  nor  any  political  subdivision  within the
    19  district, including the city, shall be liable on such  bonds  or  notes,
    20  and  such bonds or notes shall not be a debt of the state, any political
    21  subdivision in the district, including the city, and  shall  contain  on
    22  the face thereof a statement to such effect.
    23    4.  The  authority  shall not undertake any subway project or city bus
    24  project unless MTA subways or MTA bus or the subsidiary for whose  bene-
    25  fit the project is to be undertaken, or both, shall pay or agree to pay,
    26  in  the form of a bond, note, lease, sublease or other contractual obli-
    27  gation, in a manner and on terms  and  conditions  satisfactory  to  the
    28  authority, any portion of the costs to the authority of such project and
    29  the financing thereof which is not paid to the authority from any feder-
    30  al,  state  or  local aid or assistance or which is not payable from any
    31  other monies made available or payable to the authority  by  others  for
    32  such project.
    33    5. Neither the provisions of section one hundred ninety-seven-c of the
    34  New  York city charter, relating to a uniform land use review procedure,
    35  nor the provisions of any other local law of the city of like or similar
    36  tenor or import shall apply (i) to the acquisition of any real  property
    37  (or any interest therein) for the purposes of any subway project or city
    38  bus project by the city or by MTA subways or MTA bus; (ii) to the subse-
    39  quent transfer of any real property (or interest therein) so acquired to
    40  MTA  subways  or  MTA bus for the purposes of any such project or to the
    41  transfer to the MTA subways or MTA bus for such  purposes  of  any  real
    42  property  (or interest therein) then owned by the city or by MTA subways
    43  or MTA bus; nor (iii) to the transfer to MTA subways or MTA bus for such
    44  purposes of the right of use, occupancy, control or  possession  of  any
    45  real property (or interest therein), whether presently owned or hereaft-
    46  er  acquired  by the city or by MTA subways or MTA bus; provided in each
    47  such case, however, that if at the time of such proposed acquisition  or
    48  transfer  the  real property which is the subject of such acquisition or
    49  transfer is not then being utilized for a subway, omnibus or transporta-
    50  tion purpose or is  not  an  insubstantial  addition  to  such  property
    51  contiguous  thereto:  (a) the MTA agency proposing to acquire or receive
    52  such property shall, unless a submission with respect to  such  property
    53  has  previously been made and approved as herein provided, submit to the
    54  community board for the community district in  which  such  property  is
    55  located,  data  with respect to the proposed use of such property and to
    56  the design of any facility proposed to be constructed thereon; (b)  such
        S. 994                             23                            A. 1924
 
     1  community  board  shall inform the city council, with copies to the city
     2  planning commission of the city, of its views and  recommendations  with
     3  respect  thereto  within  forty-five days of such submission, and if the
     4  community  board  shall  fail  to so inform the city council within such
     5  period it shall be deemed to have recommended the proposal; and (c)  the
     6  city  council  shall,  within  the  earlier of forty-five days after the
     7  community board's recommendation, or forty-five days after the community
     8  board's time to recommend has expired, approve or disapprove such acqui-
     9  sition or transfer, and if the city council shall  fail  to  act  within
    10  such  forty-five  day  period,  it  shall be deemed to have approved the
    11  same.
    12    6. In its performance of any subway project or city bus  project,  the
    13  authority  shall  not be deemed the agent or instrumentality of the city
    14  or any other MTA agency notwithstanding the fact that title to any  real
    15  or  personal  property (or any interest therein) which is the subject of
    16  or is a part of such project is held  by  or  upon  completion  of  such
    17  project is to be transferred to such other entity.
    18    7. The authority, in addition to the powers provided elsewhere in this
    19  title,  shall  possess  all  of the powers, rights and privileges of MTA
    20  subways and MTA bus and their designated subsidiaries in connection with
    21  the undertaking by the authority of  any  subway  project  or  city  bus
    22  project.  The authority, upon suitable notice to and an offer to consult
    23  with an officer designated by the city, may occupy the  streets  of  the
    24  city  for  the  purpose  of  doing  any  work  over or under the same in
    25  connection with any subway or city bus project without the consent of or
    26  payment to such city.
    27    8. Except as the authority shall otherwise agree, after the  transfer,
    28  transfer back, lease or sublease to an MTA agency or its designee of any
    29  subway  project,  city  bus project or part thereof, actions for damages
    30  for injuries to real or personal property or for the destruction  there-
    31  of,  or for personal injuries or death, based upon the use, condition or
    32  state of such project or part thereof may not be instituted against  the
    33  authority, which shall have no liability or responsibility to the trans-
    34  feree, lessee or sublessee or to third parties therefor.
    35    9.  Except as the authority shall otherwise agree, title to any subway
    36  project, city bus project or any part thereof or interest therein  which
    37  shall have been transferred, leased or subleased to an MTA agency, shall
    38  remain  in  such  transferee,  lessee  or sublessee any provision of the
    39  former title nine of this article or of any  lease  or  other  agreement
    40  entered  into  under  the  provisions  of  this  article to the contrary
    41  notwithstanding.
    42    10. The providing of any subway project or city bus project shall  not
    43  relieve  the  city  of its obligations under law and by lease to pay the
    44  capital costs of MTA subway and MTA bus and their subsidiaries.
    45    11. No subway or city bus project to be constructed or  operated  upon
    46  real  property theretofore used for a subway, omnibus or other transpor-
    47  tation purpose, or on an insubstantial addition to such property contig-
    48  uous thereto, which will not change in a material  respect  the  general
    49  character of such prior use, nor any acts or activities by the MTA agen-
    50  cies  or  any state or local governmental entity in connection with such
    51  project, shall be subject to the provisions of article eight,  nineteen,
    52  twenty-four  or twenty-five of the environmental conservation law, or to
    53  any local law or ordinance adopted pursuant to  any  such  article.  Nor
    54  shall  any  subway, city bus or other transportation project or any acts
    55  or activities in connection therewith taken by the MTA  agencies  or  by
    56  any  other person or entity, public or private, pursuant to this section
        S. 994                             24                            A. 1924
 
     1  be subject to the provisions  of  article  eight  of  the  environmental
     2  conservation  law if such project, acts or activities require the prepa-
     3  ration of a statement under or pursuant to any federal law or regulation
     4  as to the environmental impact thereof.
     5    12. The provisions of this section and of all agreements undertaken by
     6  MTA agencies in accordance therewith shall in all respects be subject to
     7  the rights of the owners of any outstanding bonds, notes and other obli-
     8  gations of such MTA agency.
     9    §  1260-h.  Authority police force. 1. The authority is hereby author-
    10  ized and empowered to provide and maintain an authority  police  depart-
    11  ment  and  a  uniformed  authority  police  force.   Each member of such
    12  uniformed police force shall be a "police officer" for the  purposes  of
    13  the  criminal procedure law, with all of the powers of such police offi-
    14  cers thereunder and subject to the same jurisdictional provisions on the
    15  exercise of that power as set forth in such law. The  geographical  area
    16  of  employment  of such police officers for the purposes of the criminal
    17  procedure law shall embrace  the  metropolitan  commuter  transportation
    18  district  as  defined  in  section twelve hundred sixty-b of this title.
    19  Such department and force shall have the power, in and about any or  all
    20  of  the  facilities owned, occupied and/or operated by the MTA agencies,
    21  as determined in the discretion of the authority, to enforce and prevent
    22  violation of all laws and ordinances.  Nothing  in  this  section  shall
    23  confer  upon the authority police force or upon their collective negoti-
    24  ations representatives exclusive jurisdiction or claim over the exercise
    25  of police power or security work on behalf of the MTA agencies.  Nothing
    26  herein  shall  limit  the  MTA agencies from continuing to rely on local
    27  police for police services. However, traditional police functions previ-
    28  ously performed by the Long Island rail road company and/or  the  Metro-
    29  North  commuter  railroad  company  police  force  shall  continue to be
    30  performed by the authority police forces.
    31    2. Initial appointments to such authority police force  shall  be  all
    32  incumbent  police  officers  from  Long  Island rail road company and/or
    33  Metro-North commuter railroad company at the time of  such  appointment.
    34  The  executive  director  of the authority, through the chief of police,
    35  shall have the power and authority to appoint and employ such number  of
    36  police  officers  as he or she deems necessary to act as police officers
    37  of the authority and to administer to the officers an oath  or  affirma-
    38  tion  faithfully  to perform the duties of their respective positions or
    39  offices.  Unless, at the time of appointment, the  person  is  a  police
    40  officer  of  Long Island rail road company or Metro-North commuter rail-
    41  road company, only persons who have never been convicted of a felony and
    42  are citizens of the United States shall be appointed police officers  on
    43  the  authority  police  force.  After the initial appointments are made,
    44  selection of police officer candidates shall  be  made  pursuant  to  an
    45  examination  process to be determined at the discretion of the authority
    46  and candidates must receive  a  certificate  attesting  to  satisfactory
    47  completion  of  an  approved municipal police basic training program, as
    48  described in section two hundred nine-g of the general municipal law. No
    49  person shall be eligible for appointment unless such person is not  less
    50  than  twenty  years  of  age as of the date of appointment nor more than
    51  thirty-five years of age as of the date when  the  applicant  takes  the
    52  written examination, provided, however, that time spent on military duty
    53  or  on  terminal  leave,  not  exceeding  a total of six years, shall be
    54  subtracted from the age of any applicant who has passed his or her thir-
    55  ty-fifth birthday as  provided  in  subdivision  ten-a  of  section  two
    56  hundred  forty-three  of  the  military  law.  Upon appointments made by
        S. 994                             25                            A. 1924
 
     1  transferring an entire group  of  police  officers  into  the  authority
     2  police  force,  thereby eliminating such other group of police officers,
     3  the authority shall recognize any representative  previously  chosen  by
     4  the police officers for the purposes of collective negotiations consist-
     5  ent  with the bargaining units already established and shall also assume
     6  and continue to observe any  existing  labor  contracts  covering  these
     7  police  officers including such provisions which relate to the grievance
     8  and disciplinary procedures and interest arbitration. Subsequent to  the
     9  establishment  of  the  consolidated  police force the authority and the
    10  collective bargaining representatives shall be authorized to negotiate a
    11  merger of the separate bargaining units.
    12    3. The authority may appoint a chief and one or more deputy chiefs  of
    13  the authority police department who, in the discretion of the authority,
    14  may be selected from the ranks of the authority police force, and assign
    15  powers and duties to them and fix their compensation. The chief shall be
    16  the  head  of  such department. The deputy chief designated by the chief
    17  shall possess all the powers and perform all the  duties  of  the  chief
    18  during  his  or  her  absence  or disability. The authority police force
    19  shall consist of such divisions, supervisors and officers, including but
    20  not limited to police officers, detectives, sergeants,  lieutenants  and
    21  captains  as  designated  by  the  authority. Notwithstanding any law or
    22  provision to the contrary, the members of the uniformed authority police
    23  force shall not acquire civil service status or become  members  of  the
    24  New  York  state  and  local employees' retirement system, except as set
    25  forth in subdivision four of this section.
    26    4. The authority shall provide for a twenty year retirement plan under
    27  the same terms and conditions  as  provided  by  section  three  hundred
    28  eighty-nine  of  the  retirement  and  social security law as enacted by
    29  chapter six hundred twenty-eight of the laws of nineteen  hundred  nine-
    30  ty-one; except that:
    31    (a)  any benefit provided pursuant to such plan shall be subject to an
    32  offset, as defined in this paragraph, for any tier  II  benefit  payable
    33  pursuant  to the federal Railroad Retirement Act to or in the respect of
    34  a member. The offset provided for by this paragraph shall be the  amount
    35  of  the  tier II benefit which would be payable to or in respect to such
    36  member pursuant to the federal Railroad Retirement Act multiplied  by  a
    37  fraction,  the  numerator  of  which  is  the member's years of credited
    38  service covered by the federal Railroad Retirement Act rendered  to,  or
    39  credited by, the authority or any subsidiary corporation of the authori-
    40  ty,  and the denominator of which is the member's total years of service
    41  covered by the federal Railroad Retirement Act;
    42    (b) references to Long Island rail road shall be to the authority;
    43    (c) the transfer of funds described in subdivision f of section  three
    44  hundred eighty-nine of the retirement and social security law as enacted
    45  by  chapter  six  hundred  twenty-eight  of the laws of nineteen hundred
    46  ninety-one shall  include  the  Metro-North  Commuter  Railroad  Company
    47  Defined Contribution Pension Plan for Agreement Employees;
    48    (d)  the  provisions of subdivision g of section three hundred eighty-
    49  nine of the retirement and social security law as enacted by chapter six
    50  hundred twenty-eight of the laws of nineteen hundred ninety-one  to  the
    51  extent  of  requiring contributions for past service liability shall not
    52  be applicable; and
    53    (e) when a police officer transferred from the Long Island  rail  road
    54  company police force to the authority police force reaches age sixty-two
    55  the  authority  will  offset  the  amount payable under this plan by the
    56  amount of tier II benefit payable from the Railroad Retirement Board for
        S. 994                             26                            A. 1924
 
     1  a service age annuity or disability  payable  at  the  participants  age
     2  sixty-two.
     3    5.  The  authority  may,  in its sole discretion, establish within the
     4  authority's defined benefit program,  a  retirement  program  consistent
     5  with the foregoing. If the authority has not so established such program
     6  in  its  defined  benefit  program  within one hundred eighty days after
     7  enactment, then the authority shall  elect  to  participate  in  article
     8  fourteen-B of the retirement and social security law.
     9    6.  If  the  authority elects to participate in the New York state and
    10  local employees' retirement system, such election to  participate  shall
    11  be  made  by resolution filed with the state comptroller and accepted by
    12  him or her pursuant to section thirty-one of the retirement  and  social
    13  security law.
    14    7.  Nothing  contained  in  this  section shall be deemed to diminish,
    15  suspend or abolish an existing  benefit  inured  to  a  police  officer,
    16  transferred  from  the  Long Island rail road company and/or Metro-North
    17  commuter railroad company police force and subject to the provisions  of
    18  this  section  in  and  to  the  rights, privileges or status previously
    19  earned within a pension or retirement system of which they were a member
    20  immediately prior to the enactment of this section; and any such  exist-
    21  ing right, privilege or status shall survive the effect of any decisions
    22  or determinations lawfully made in accordance with the provisions hereof
    23  so long as such right, privilege or status is greater in benefit to that
    24  which  would be imposed or imputed to any subject officer as a result of
    25  actions of the authority authorized in this section.
    26    § 1260-i. Acquisition and disposition of real property.  1. Subject to
    27  existing agreements, the authority may acquire, by condemnation pursuant
    28  to the eminent domain procedure law any real property it may deem neces-
    29  sary, convenient or desirable  to  effectuate  its  statutory  purposes,
    30  provided,  however,  that  any  such  condemnation  proceedings shall be
    31  brought only in the supreme court and the compensation to be paid  shall
    32  be ascertained and determined by the court without a jury. Notwithstand-
    33  ing  the  foregoing provisions of this subdivision, no real property may
    34  be acquired by the authority by condemnation for purposes other  than  a
    35  transportation  facility  unless the governing body of the city, village
    36  or town in which such real property is located shall  first  consent  to
    37  such condemnation.
    38    2. Nothing contained in this section shall be construed to prevent the
    39  authority  from  bringing  any proceedings to remove a cloud on title or
    40  such other proceedings as it may, in its  discretion,  deem  proper  and
    41  necessary  or  from  acquiring  any  such  property  by  negotiation  or
    42  purchase.
    43    3. Where a person entitled to an award in the proceedings  to  acquire
    44  any  real  property  for  any  of  the purposes of this title remains in
    45  possession of such property after the time of the vesting  of  title  in
    46  the  condemnor,  the reasonable value of his or her use and occupancy of
    47  such property subsequent to such time as fixed by agreement  or  by  the
    48  court  in  such  proceedings  or  by any court of competent jurisdiction
    49  shall be a lien against such award subject only to the liens  of  record
    50  at the time of vesting of title in the condemnor.
    51    4.  Title  to all property acquired under this title shall vest in the
    52  authority or one of the MTA agencies as the authority directs.
    53    5. The authority may, whenever it determines that it is in its  inter-
    54  ests  or  that  of  one or more of the MTA agencies, dispose of any real
    55  property or property other than real property, which  it  determines  is
    56  not necessary, convenient or desirable for its purposes.
        S. 994                             27                            A. 1924
 
     1    6.  The  authority  may, whenever it shall determine that it is in its
     2  interests or the interests of one or more of  the  MTA  agencies,  rent,
     3  lease, or grant easements or other rights in, any of its land or proper-
     4  ty.
     5    §  1260-j.  Acquisition and disposition of real property by department
     6  of transportation. If funds are made available by the authority for  the
     7  payment  of the cost and expense of the acquisition thereof, the commis-
     8  sioner of transportation of the state of New York, when requested by the
     9  authority, may acquire such real property in the name of  the  state  as
    10  may be determined from time to time by the authority as being necessary,
    11  convenient  or  desirable  to effectuate the purposes of this title, may
    12  remove  the  owner  or  occupant  thereof  where  necessary  and  obtain
    13  possession and, when requested by the authority, may dispose of any real
    14  property so acquired, all according to the procedure provided in section
    15  thirty of the highway law. The authority shall have the right to possess
    16  and  use  for its corporate purposes all such real property so acquired.
    17  Claims for the value of the property appropriated and for legal  damages
    18  caused  by  any  such  appropriation shall be adjusted and determined by
    19  such commissioner with the approval of the authority or by the court  of
    20  claims  as  provided  in section thirty of the highway law. When a claim
    21  has been filed with the court of claims, the claimant shall cause a copy
    22  of such claim to be served upon the authority and  the  authority  shall
    23  have the right to be represented and heard before such court. All awards
    24  and  judgments  arising  from such claims shall be paid out of monies of
    25  the authority.  No  real  property  may  be  acquired  pursuant  to  the
    26  provisions  of  this  section  for  purposes other than a transportation
    27  facility unless the governing body of the city, village or town in which
    28  such real property is located shall first consent to such acquisition.
    29    § 1260-k. MTA - procurement. 1. (a) Except as  otherwise  provided  in
    30  this  section,  all purchase contracts for supplies, materials or equip-
    31  ment involving an estimated expenditure in excess  of  fifteen  thousand
    32  dollars and all contracts for public work involving an estimated expend-
    33  iture  in  excess  of  fifteen  thousand dollars shall be awarded by the
    34  authority to the lowest responsible bidder after obtaining  sealed  bids
    35  in  the manner hereinafter set forth. For purposes hereof, contracts for
    36  public work shall not include contracts for  personal,  engineering  and
    37  architectural,  professional services, or contracts where specifications
    38  cannot be made sufficiently definite and  certain  to  permit  selection
    39  based  on  price alone. The authority may reject all bids and obtain new
    40  bids in the manner provided by this section when it  is  deemed  in  the
    41  public  interest  to  do  so  or, in cases where two or more responsible
    42  bidders submit identical bids which  are  the  lowest  bids,  award  the
    43  contract  to  any  of such bidders or obtain new bids from such bidders.
    44  Nothing in this section shall obligate the authority to  seek  new  bids
    45  after  the  rejection  of bids or after cancellation of an invitation to
    46  bid. Nothing in this section shall prohibit the evaluation  of  bids  on
    47  the  basis  of  past  performance, costs or savings including life cycle
    48  costs of the item to be purchased, discounts, and inspection services so
    49  long as the invitation to bid reasonably sets forth the criteria  to  be
    50  used  in  evaluating such past performance, costs or savings. Life cycle
    51  costs may include but shall not be limited to costs or  savings  associ-
    52  ated  with  installation, energy use, maintenance, operation and salvage
    53  or disposal.
    54    (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
    55  apply  to  the authority's acquisition of goods or services of any kind,
    56  in the actual or estimated amount in excess of fifteen thousand dollars,
        S. 994                             28                            A. 1924
 
     1  provided that a contract for personal services in the  actual  or  esti-
     2  mated  amount  of  fifteen  thousand  dollars  or less shall not require
     3  approval by the board of the authority regardless of the length  of  the
     4  period over which the services are rendered, and provided further that a
     5  contract  for  personal  services  in  the actual or estimated amount in
     6  excess of fifteen thousand dollars shall require approval by  the  board
     7  of  the  authority regardless of the length of the period over which the
     8  services are rendered.
     9    2. (a) Advertisement for bids, when required by this section, shall be
    10  published at least once in a newspaper of  general  circulation  in  the
    11  area  served by the authority and in the procurement opportunities news-
    12  letter published pursuant to article four-C of the economic  development
    13  law  provided  that, notwithstanding the provisions of article four-C of
    14  the economic development law, a "procurement contract"  shall  mean  any
    15  written  agreement  entered into by the authority for the acquisition of
    16  goods or services of any kind in  the  actual  or  estimated  amount  in
    17  excess  of  fifteen thousand dollars, and an advertisement shall only be
    18  required for a purchase contract for supplies,  materials  or  equipment
    19  when  required  by  this  section. Publication in a newspaper of general
    20  circulation in the area served or in the procurement opportunities news-
    21  letter shall not be required if bids for contracts for supplies, materi-
    22  als or equipment are of a type regularly purchased by the authority  and
    23  are  to be solicited from a list of potential suppliers, if such list is
    24  or has been developed consistent with the provisions of subdivision  six
    25  of  this section.   Any such advertisement shall contain a statement of:
    26  (i) the time and place  where  bids  received  pursuant  to  any  notice
    27  requesting  sealed  bids will be publicly opened and read; (ii) the name
    28  of the contracting agency; (iii)  the  contract  identification  number;
    29  (iv)  a  brief  description  of the public work, supplies, materials, or
    30  equipment sought, the location where work is to be performed, goods  are
    31  to  be  delivered  or  services  provided and the contract term; (v) the
    32  address where bids or proposals are to be submitted; (vi) the date  when
    33  bids  or  proposals  are  due; (vii) a description of any eligibility or
    34  qualification requirement or preference; (viii) a statement as to wheth-
    35  er the contract requirements may be fulfilled by a subcontracting, joint
    36  venture, or co-production arrangement; (ix) any other information deemed
    37  useful to potential contractors; and (x) the name,  address,  and  tele-
    38  phone  number  of the person to be contacted for additional information.
    39  At least fifteen business days shall elapse between the  first  publica-
    40  tion  of such advertisement or the solicitation of bids, as the case may
    41  be, and the date of opening and reading of bids.
    42    (b) The authority may designate any officer or employee  to  open  the
    43  bids  at  the  time and place bids are to be opened and may designate an
    44  officer to award the contract to the  lowest  responsible  bidder.  Such
    45  designee  shall make a record of all bids in such form and detail as the
    46  authority shall prescribe. All bids received shall  be  publicly  opened
    47  and  read at the time and place specified in the advertisement or at the
    48  time of solicitation, or to which the  opening  and  reading  have  been
    49  adjourned  by  the  authority. All bidders shall be notified of the time
    50  and place of any such adjournment.
    51    3. Notwithstanding any provision of this section, the  authority  may,
    52  by  resolution approved by a majority vote determined in accordance with
    53  paragraphs (a) and (b) of subdivision three of  section  twelve  hundred
    54  sixty-c  of  this title, of its members declare that competitive bidding
    55  is impractical or inappropriate and thereafter the authority may proceed
    56  to award contracts without complying with the requirements  of  subdivi-
        S. 994                             29                            A. 1924
 
     1  sion  one  or  two  of  this  section.  In each case where the authority
     2  declares competitive bidding  impractical  or  inappropriate,  it  shall
     3  state the reason therefor in writing and summarize any negotiations that
     4  have been conducted. Except for contracts awarded pursuant to paragraphs
     5  (a), (b), (c) and (e) of this subdivision, the authority shall not award
     6  any  contract pursuant to this subdivision earlier than thirty days from
     7  the date on which the authority declares  that  competitive  bidding  is
     8  impractical  or  inappropriate.  Circumstances where competitive bidding
     9  may be declared impractical or inappropriate shall include:
    10    (a) the existence of an emergency involving actual or potential danger
    11  to life, safety or property requires immediate action or the procurement
    12  is essential to efficient operation or the adequate provision of service
    13  and as a consequence of unforeseen circumstance such procurement  cannot
    14  await competitive bidding.
    15    (b) the item to be purchased is available only from a single responsi-
    16  ble  source, provided that if bids have not been solicited for such item
    17  pursuant to subdivision one of this section within the preceding  twelve
    18  months public notice shall first be given pursuant to subdivision two of
    19  this section.
    20    (c) the authority receives no responsive bids or only a single respon-
    21  sive bid in response to an invitation for competitive bids.
    22    (d) the authority wishes to experiment with or test a product or tech-
    23  nology  or  new  source  for  such product or technology or evaluate the
    24  service or reliability of such product or technology.
    25    (e) the item is available  through  an  existing  contract  between  a
    26  vendor and (i) another public authority, or (ii) Nassau county, or (iii)
    27  the  state,  or (iv) the city, provided that in any case when under this
    28  paragraph the authority determines  that  obtaining  such  item  thereby
    29  would  be  in  the  public  interest and sets forth the reasons for such
    30  determination. The authority shall accept sole  responsibility  for  any
    31  payment due the vendor as a result of the authority's order.
    32    (f)  the  authority  determines  that  it is in the public interest to
    33  award contracts pursuant to  a  process  for  competitive  requests  for
    34  proposals  as  hereinafter  set  forth.  For purposes of this section, a
    35  process for competitive requests for proposals shall mean  a  method  of
    36  soliciting  proposals  and  awarding a contract on the basis of a formal
    37  evaluation of the characteristics, such as quality, cost, delivery sche-
    38  dule and financing of such proposals against stated selection  criteria.
    39  Public  notice  of the requests for proposals shall be given in the same
    40  manner as provided in subdivision two of this section and shall  include
    41  the  selection  criteria.  In  the  event the authority makes a material
    42  change in the selection criteria from those  previously  stated  in  the
    43  notice, it will inform all proposers of such change and permit proposers
    44  to modify their proposals.
    45    (i) The authority may award a contract pursuant to this paragraph only
    46  after a resolution approved by a majority vote of its members determined
    47  in  accordance  with  paragraphs  (a)  and  (b)  of subdivision three of
    48  section twelve hundred sixty-c of this title at a public meeting of  the
    49  authority  with  such  resolution (A) disclosing the other proposers and
    50  the substance of their proposals, (B) summarizing the negotiation  proc-
    51  ess including the opportunities, if any, available to proposers to pres-
    52  ent  and modify their proposals, and (C) setting forth the criteria upon
    53  which the selection was made.
    54    (ii) Nothing in this paragraph shall require or preclude  (A)  negoti-
    55  ations  with  any  proposers  following  the receipt of responses to the
    56  request for proposals, or (B) the rejection of any or all  proposals  at
        S. 994                             30                            A. 1924
 
     1  any time. Upon the rejection of all proposals, the authority may solicit
     2  new proposals or bids in any manner prescribed in this section.
     3    (g)  the authority issues a competitive request for proposals pursuant
     4  to the procedures of paragraph (f) of this subdivision for the  purchase
     5  or  rehabilitation  of  rail  cars,  subway  cars or omnibuses. Any such
     6  request may include among the stated selection criteria the  performance
     7  of all or a portion of the contract at sites within the state or the use
     8  of goods produced or services provided within the state, provided howev-
     9  er  that  in no event shall the authority award a contract to a manufac-
    10  turer whose final offer, as expressed in unit  cost  is  more  than  ten
    11  percent  higher  than  the  unit  cost  of any qualified competing final
    12  offer, if the sole basis for such award is that the higher priced  offer
    13  includes  more  favorable  provision for the performance of the contract
    14  within the state or the use of goods produced or services provided with-
    15  in the state, and further provided that the  authority's  discretion  to
    16  award  a contract to any manufacturer shall not be so limited if a basis
    17  for such award, as determined by the authority, is  superior  financing,
    18  delivery  schedule,  life  cycle,  reliability,  or any other factor the
    19  authority deems relevant to its operations.
    20    (i) The authority may award a contract pursuant to this paragraph only
    21  after a resolution approved by a majority vote of its members determined
    22  in accordance with paragraphs  (a)  and  (b)  of  subdivision  three  of
    23  section  twelve hundred sixty-c of this title at a public meeting of the
    24  authority with such resolution (A) disclosing the  other  proposers  and
    25  the  substance of their proposals, (B) summarizing the negotiation proc-
    26  ess including the opportunities, if any, available to proposers to pres-
    27  ent and modify their proposals, and (C) setting forth the criteria  upon
    28  which the selection was made.
    29    (ii)  Nothing  in this paragraph shall require or preclude (A) negoti-
    30  ations with any proposers following the  receipt  of  responses  to  the
    31  request  for  proposals, or (B) the rejection of any or all proposals at
    32  any time. Upon the rejection of all proposals, the authority may solicit
    33  new proposals or bids in any manner prescribed in this section.
    34    4. Upon the adoption of a resolution by  the  authority  stating,  for
    35  reasons  of  efficiency, economy, compatibility or maintenance reliabil-
    36  ity, that there is a need for standardization, the authority may  estab-
    37  lish  procedures whereby particular supplies, materials or equipment are
    38  identified on a qualified products list.  Such procedures shall  provide
    39  for  products  or  vendors  to be added to or deleted from such list and
    40  shall include provisions for public advertisement of the manner in which
    41  such lists are compiled. The authority shall review such  list  no  less
    42  than  twice  a  year  for  the  purpose  of  making  such modifications.
    43  Contracts for particular supplies, materials or equipment identified  on
    44  a  qualified products list may be awarded by the authority to the lowest
    45  responsible bidder after obtaining sealed bids in accordance  with  this
    46  section or without competitive sealed bids in instances when the item is
    47  available  from  only  a  single  source,  except that the authority may
    48  dispense with advertising provided that it mails copies of  the  invita-
    49  tion  to  bid  to  all  vendors  of the particular item on the qualified
    50  products list.
    51    5. (a) Notwithstanding that funds of the authority may be used  there-
    52  for,  a  contract for all or a portion of work involving the alteration,
    53  expansion or rehabilitation of a passenger station may be awarded by the
    54  authority, by negotiation without  competitive  bidding,  to  a  private
    55  entity  or  the  designee  of  a private entity where the authority by a
    56  majority vote of its members determined in  accordance  with  paragraphs
        S. 994                             31                            A. 1924
 
     1  (a)  and  (b)  of subdivision three of section twelve hundred sixty-c of
     2  this title approves written findings that  such  award  is  expected  to
     3  permit  the alteration, expansion or rehabilitation to be carried out in
     4  the  most  efficient and cost effective manner, that such private entity
     5  has agreed to pay at least one million dollars toward the  cost  of  the
     6  work,  that  such  payment represents not less than fifty percent of the
     7  total cost of the work, and that the authority  has  complied  with  the
     8  procedures provided in paragraph (b) of this subdivision.
     9    (b) Not less than fifteen days prior to the consideration by the board
    10  of the authority of a contract to be let pursuant to this subdivision, a
    11  notice  shall  be  published in at least one newspaper of general circu-
    12  lation. Such notice shall identify the parties to the proposed  contract
    13  and  summarize  its  terms and conditions. Such notice shall also invite
    14  written public comment concerning the proposed contract,  including,  to
    15  the  extent appropriate, the submission of alternatives for the authori-
    16  ty's consideration. Such information shall be considered by the board of
    17  the authority prior to the approval  of  any  contract  proposed  to  be
    18  awarded pursuant to this subdivision.
    19    6.  The  authority  shall  compile  a  list  of  potential  sources of
    20  supplies, materials or equipment regularly  purchased.    The  authority
    21  shall,  by  resolution,  set  forth the procedures it has established to
    22  identify new sources and to notify such new sources of  the  opportunity
    23  to  bid  for contracts for the purchase of supplies, materials or equip-
    24  ment. Such procedures shall include, but not be limited to:  (a)  adver-
    25  tising  in trade journals; (b) cooperation with federal, state and local
    26  agencies within its area of operations; (c)  publication  in  the  state
    27  register  quarterly;  and  (d)  procedures  established pursuant to this
    28  subdivision.
    29    7. The provisions of  this  section  shall  not  supersede  any  other
    30  provisions  of law relative to purchases of products or devices manufac-
    31  tured or provided by the blind or other severely handicapped persons, to
    32  the invitation and acceptance of bids from small  or  minority  business
    33  enterprises  or  to  the  purchases  of supplies, materials or equipment
    34  through the office of general  services.  Except  as  may  otherwise  be
    35  provided  by law or as more restrictively defined in the official policy
    36  or bid specifications of the authority, the term "small business"  means
    37  a  small  business or similar term, under federal regulations applicable
    38  to projects of the authority which are federally assisted.
    39    8. In his or her  discretion,  the  chief  executive  officer  of  the
    40  authority  may delegate to any other officer of the authority the waiver
    41  power conferred on him or her by paragraph (d) of  subdivision  five  of
    42  section twenty-eight hundred seventy-nine of this chapter.
    43    9.  The  provisions of this section shall not apply to any procurement
    44  made by any other public entity not otherwise required by law  to  award
    45  contracts  for  such  purchases to the lowest responsible bidder if such
    46  purchases are made at the sole cost and expense of such entity.
    47    § 1260-l. MTA agencies - cooperation and assistance of other agencies.
    48  1. To avoid duplication of effort and in the interests  of  economy,  an
    49  MTA  agency  may  make use of existing studies, surveys, plans, data and
    50  other materials in the possession of any state  agency  or  any  munici-
    51  pality  or political subdivision of the state. Each such agency, munici-
    52  pality or subdivision is hereby authorized to make the same available to
    53  an MTA agency and otherwise to assist it in the performance of its func-
    54  tions. At the request of an MTA agency, each such  agency,  municipality
    55  or  subdivision  which  is  engaged  in  highway or other transportation
    56  activities or in land use or development planning, or which  is  charged
        S. 994                             32                            A. 1924
 
     1  with  the duty of providing or regulating any transportation facility or
     2  any other public facility, is further authorized to provide such  agency
     3  with  information  regarding its plans and programs affecting the trans-
     4  portation  district  so  that  the  MTA  agency may have available to it
     5  current information with respect thereto. The officers and personnel  of
     6  such  agencies, municipalities or subdivisions, and of any other govern-
     7  ment or agency whatever, may serve at the request of the MTA agency upon
     8  such advisory committees as the authority shall determine to create  and
     9  such  officers  and  personnel  may  serve  upon such committees without
    10  forfeiture of office or employment and with no loss or diminution in the
    11  compensation, status, rights and privileges which they otherwise enjoy.
    12    2. An MTA agency shall, at the request of any  state  agency,  munici-
    13  pality  or  political  subdivision  of  the state, engaged in highway or
    14  other transportation activities or in land use or development  planning,
    15  provide  said  state  agency, municipality or political subdivision with
    16  all current and relevant information regarding its plans or programs, so
    17  as to enable said agency, municipality or subdivision to properly effec-
    18  tuate said activities or planning.
    19    3. To the extent that the provisions of this title  authorize  an  MTA
    20  agency to enter into any agreement or arrangement with, or undertake any
    21  other activity requiring the participation of any MTA agency in further-
    22  ance of its purposes and powers, such entities are hereby authorized and
    23  empowered  to  enter into and perform such contract or other arrangement
    24  and to undertake such activities.
    25    § 1261. Metropolitan transportation authority capital  program  review
    26  board.  1.  The  existence  of the metropolitan transportation authority
    27  capital program review board created by chapter three  hundred  fourteen
    28  of  the  laws  of  nineteen  hundred  eighty-one,  as amended, is hereby
    29  continued to exercise the powers, duties and prerogatives as hereinafter
    30  provided in sections  twelve  hundred  sixty-one-a  and  twelve  hundred
    31  sixty-one-b of this title.
    32    2.  The  voting  membership of the board shall consist of four persons
    33  appointed by the governor of which one shall be upon the  recommendation
    34  of the temporary president of the senate, one upon the recommendation of
    35  the  speaker  of  the  assembly  and  one upon the recommendation of the
    36  mayor. Upon recommendation of the nominating  party,  the  governor  may
    37  replace  any  member  in accordance with the provision contained in this
    38  section for the appointment of members. The governor shall designate one
    39  of the members to serve as chair. Any determination of the  board  shall
    40  be  evidenced  by  a  certification thereof executed by all the members.
    41  Each member of the board shall be entitled to designate a representative
    42  to attend meetings of the board in his or  her  place  and  to  vote  or
    43  otherwise act on his or her behalf in his or her absence. Notice of such
    44  designation  shall be furnished in writing to the board by the designat-
    45  ing member. A representative shall serve at the pleasure of  the  desig-
    46  nating member during the member's term of office. A representative shall
    47  not  be  authorized to delegate any of his or her duties or functions to
    48  any other person.
    49    3. The governor shall also  appoint  two  non-voting  members  to  the
    50  authority  capital  program  review board of which one shall be upon the
    51  recommendation of the minority leader of the senate  and  one  upon  the
    52  recommendation  of  the minority leader of the assembly. Each non-voting
    53  member shall be entitled to designate a representative to  attend  meet-
    54  ings of the board in his or her place.
        S. 994                             33                            A. 1924
 
     1    4. The members of the authority capital program review board and their
     2  representatives  shall  be  deemed  employees within the meaning of such
     3  term as provided for in section seventeen of the public officers law.
     4    §  1261-a. Capital program plans; approvals; effect of disapproval. 1.
     5  (a) Not later than sixty days after the effective date of this paragraph
     6  the authority shall submit to the authority capital program review board
     7  a capital program plan for the period ending on  December  thirty-first,
     8  two thousand nine; and
     9    (b) On or before October first, two thousand nine and every fifth year
    10  thereafter,  the authority shall submit to the authority capital program
    11  review board a capital program plan for the five-year period  commencing
    12  January first of the following year.
    13    Nothing  in  this subdivision shall affect the validity of any capital
    14  program plan or any obligations of the MTA  agencies  or  the  authority
    15  capital  program  review board related thereto approved by the authority
    16  capital program review  board  prior  to  the  effective  date  of  this
    17  section.
    18    For  each of the periods described above beginning with the effective-
    19  ness of paragraph (a) of this subdivision, each  plan  shall  contain  a
    20  section  relating to the capital program for the subway facilities oper-
    21  ated by MTA subways; another section shall contain the  capital  program
    22  for  the  omnibus  facilities  operated  by MTA bus; and another section
    23  shall contain the capital program for the commuter  railroad  facilities
    24  operated  by  MTA  rail.  The authority may add an additional section or
    25  sections to the plan relating to projects that are common to any one  or
    26  more of the systems, such as security projects or network expansion.
    27    Each  plan  shall  set  system-wide  goals  and objectives for capital
    28  spending, establish standards for service and operations,  and  describe
    29  each  capital  element  proposed  to  be  initiated in each of the years
    30  covered by the plan and explain how each proposed element  supports  the
    31  achievement  of the service and operational standards established in the
    32  plan. Each plan shall also set forth an estimate of the amount of  capi-
    33  tal funding required each year and the expected sources of such funding.
    34  Each  plan subsequent to the first such plan and each proposed amendment
    35  or modification thereof shall also describe the current status  of  each
    36  capital  element included in the previously approved plan, if any.  Each
    37  plan shall be accompanied or supplemented by such  supporting  materials
    38  as  the  metropolitan  transportation  authority  capital program review
    39  board shall require.
    40    A capital element shall mean either a category of expenditure itemized
    41  in a plan, as provided in this section, for which  a  specified  maximum
    42  dollar  amount  is  proposed to be expended, or a particularly described
    43  capital project within one or  more  categories  for  which  no  maximum
    44  expenditure  is  proposed, but for which an estimate of expected cost is
    45  provided. A capital element shall be deemed to have been  initiated  for
    46  purposes of this section if in connection with such element the authori-
    47  ty  shall  certify that (i) purchase or construction contracts have been
    48  entered into, obligating  in  the  aggregate  an  amount  exceeding  ten
    49  percent  of the maximum or estimated cost of the element as set forth in
    50  a plan, (ii) financing specific to the project has been  undertaken,  or
    51  (iii)  in a case where such element is limited to design or engineering,
    52  a contract therefor has been entered into.
    53    2. Each plan shall itemize  the  capital  elements  included  in  each
    54  section  of  the  plan under the following categories of expenditure, if
    55  applicable: (a) rolling stock or  buses;  (b)  passenger  stations;  (c)
    56  track; (d) line equipment; (e) line structures; (f) signals and communi-
        S. 994                             34                            A. 1924
 
     1  cations; (g) power equipment, emergency power equipment and substations;
     2  (h)  shops,  yards,  maintenance  facilities,  depots and terminals; (i)
     3  service vehicles; (j) security systems; (k) electrification  extensions;
     4  and (l) unspecified, miscellaneous and emergency.
     5    3.  (a) A plan may only be approved in two ways: (i) by written notice
     6  of the approval by unanimous vote of the members of the authority  capi-
     7  tal  program review board within ninety days following the submission of
     8  a plan; or (ii) if the plan is not approved by  the  board  within  such
     9  ninety day period and no individual member of the board has notified the
    10  authority  in  writing of his or her disapproval within such period, the
    11  plan shall be deemed to have been approved. Notwithstanding the  forego-
    12  ing,  however,  in  the  case  of  a  plan  submitted  during the period
    13  described in paragraph (a) of subdivision one of this section, the  plan
    14  may  only be approved (i) by written notice of the approval by unanimous
    15  vote of the members of the authority capital program review board within
    16  the earlier of (A) ninety days following  the  effective  date  of  this
    17  subdivision,  or  (B) December thirty-first, two thousand three, or (ii)
    18  if the plan is not approved by the board within such ninety  day  period
    19  or by December thirty-first, two thousand three, as the case may be, and
    20  no  individual member of the board has notified the authority in writing
    21  of his or her disapproval within such period, the plan shall  be  deemed
    22  to have been approved.
    23    (b) If the plan is not approved, the authority may thereafter reformu-
    24  late  and  resubmit  such  plan  at  any time. Within thirty days of the
    25  submission of such  reformulated  plan  the  authority  capital  program
    26  review board may notify the authority of its approval of the same by the
    27  unanimous  vote  of  the  members  entitled  to vote thereon, or, if the
    28  reformulated plan is not approved and no individual member of the  board
    29  who  is  entitled  to  vote  on  such reformulated plan has notified the
    30  authority in writing of his or her disapproval within such  period,  the
    31  reformulated plan shall be deemed to have been approved.
    32    4.  No  general obligation bonds or notes of the authority, no special
    33  obligation bonds or notes of the authority to finance a subway  or  city
    34  bus project, as such terms are defined in section twelve hundred sixty-g
    35  of  this  title,  and  no  bonds  or notes of MTA bridges and tunnels to
    36  finance a project pursuant to the authorization contained  in  paragraph
    37  (l)  of subdivision eight of section twelve hundred sixty-five-a of this
    38  title shall be issued to finance the costs of a capital element relating
    39  to a subway or city bus project unless such  capital  element  and  such
    40  source  of  funding was set forth in a plan submitted to and approved by
    41  the metropolitan transportation authority capital program review board.
    42    5. The disapproval of a plan by the authority capital  program  review
    43  board  shall  not  affect: (a) the right of the MTA agencies to initiate
    44  and complete any capital element which will be financed  otherwise  than
    45  through  the  issuance  of  the  bonds or notes the issuance of which is
    46  prohibited under subdivision four of this section; (b) the right of  the
    47  authority  or MTA bridges and tunnels to issue bonds or notes to finance
    48  a capital element which was  initiated  prior  to  such  disapproval  in
    49  conformity with a previously approved plan; (c) the right of MTA subways
    50  and  MTA  bus to enter into their leases, subleases or other contractual
    51  obligations in payment for a subway project  or  bus  project  initiated
    52  prior to such disapproval in conformity with a previously approved plan;
    53  (d)  the  right  of the authority or of MTA bridges and tunnels to issue
    54  bonds or notes to refund or otherwise repay any of its outstanding bonds
    55  or notes or to fulfill any of their obligations to the owners of any  of
    56  their  outstanding  bonds  or notes; or (e) the right of MTA subways and
        S. 994                             35                            A. 1924
 
     1  MTA bus to enter into their leases, subleases or other contractual obli-
     2  gations to refund or otherwise repay any of their outstanding  bonds  or
     3  notes or to fulfill any of their obligations to the owners of any of its
     4  outstanding bonds or notes.
     5    6. Notwithstanding the provisions of subdivision four of this section,
     6  if  a  source of funding described in an approved plan shall be unavail-
     7  able or be available in a lesser amount than  that  set  forth  in  such
     8  plan, the authority and MTA bridges and tunnels may issue bonds or notes
     9  as  necessary  to provide the requisite funding for the capital elements
    10  included in the plan to the extent that the  aggregate  amount  of  such
    11  bonds or notes to be issued in substitution for such unavailable amounts
    12  shall  not exceed the greater of fifty million dollars or twenty percent
    13  of the total amount described in such plan  for  either  the  substitute
    14  funding  source  or the funding source being substituted for, subject to
    15  the limitations set  forth  in  subdivision  eleven  of  section  twelve
    16  hundred sixty-two-h of this title.
    17    7.  (a) The authority may from time to time submit to the metropolitan
    18  transportation authority capital  program  review  board  amendments  or
    19  modifications  to  any plan theretofore submitted, and shall submit such
    20  an amendment or modification (i) if the estimated cost  of  any  capital
    21  element  for which a specified dollar amount was proposed to be expended
    22  exceeds the amount set forth in the approved plan for  such  element  by
    23  more  than ten percent, (ii) if with respect to a particularly described
    24  capital element for which only an estimate of projected  cost  has  been
    25  provided  in  the  plan there is a material change in the description of
    26  such element from that contained in the approved plan, (iii) if a  capi-
    27  tal  element not previously included in the approved plan is proposed to
    28  be undertaken and its cost, together with the  cost  of  other  elements
    29  included  in category (l) of the plan, exceeds by ten percent the amount
    30  provided for such category (l) elements, (iv)  if  the  authority  shall
    31  propose  to  change  by  more  than  one  year the time when any capital
    32  element is proposed to be initiated or the effect of such change will be
    33  to increase the estimated amount of capital funding required in any year
    34  covered by the plan by more than twenty percent, or (v)  if  the  avail-
    35  ability  of funding sources changes to the degree to which the authority
    36  or MTA bridges and tunnels are precluded from  exercising  the  authori-
    37  zation  provided  in  subdivision  six of this section and the authority
    38  wishes to do so.
    39    (b) An amendment or modification may only be approved in two ways: (i)
    40  an amendment or modification shall only be approved by the  board  by  a
    41  unanimous vote of the members entitled to vote thereon and within thirty
    42  days  of the submission of an amendment or modification the metropolitan
    43  transportation authority capital program review  board  may  notify  the
    44  authority  of  its  approval  of  the  same; or (ii) if the amendment or
    45  modification is not approved by the board within such thirty day  period
    46  and  no  individual member of the board who is entitled to vote thereon,
    47  has notified the authority in writing of his or her  disapproval  within
    48  such  period, the amendment or modification shall be deemed to have been
    49  approved.
    50    8. (a) In formulating its capital program plans, the  authority  shall
    51  give consideration to the physical condition and urgency of need of each
    52  of  the  several transportation facilities involved, to the needs of all
    53  of the communities and areas serviced by these facilities, to the extent
    54  to which other capital aid or assistance may be  available  to  each  of
    55  these  facilities,  and  to  the  safety, comfort and convenience of its
    56  passengers. In determining the source or method  of  funding  which  the
        S. 994                             36                            A. 1924
 
     1  authority is to use to finance the cost of the capital elements included
     2  in  its capital program plans, the authority shall, insofar as practica-
     3  ble, give consideration, among other things, to:
     4    (i)  the potential impact of each such source or method upon the level
     5  of passenger fares,
     6    (ii) the relative cost of the several funding alternatives, and
     7    (iii) the relative ability of each source or method to provide funding
     8  at times and in amounts estimated to be required by the capital  program
     9  plan.
    10    (b) To the extent funding is proposed to be obtained through the issu-
    11  ance and sale of bonds or notes, the authority shall, insofar as practi-
    12  cable  and  consistent  with the matters set forth in subparagraphs (i),
    13  (ii) and (iii) of paragraph (a) of this subdivision, give preference  to
    14  the  use of funds appropriated or to be appropriated to the authority by
    15  virtue of service contracts with the director of the budget of the state
    16  entered into pursuant to the provisions of  the  transportation  systems
    17  assistance and financing act of nineteen hundred eighty-one for purposes
    18  of paying the annual cost of debt service for such bonds or notes.
    19    9.  Prior  to  the (a) adoption by the authority of its general resol-
    20  ution pursuant to which it is to issue any general or special obligation
    21  bonds or notes, (b) adoption by MTA bridges and tunnels of  its  general
    22  resolution pursuant to which it is to issue any general or special obli-
    23  gation bonds or notes to finance a project pursuant to the authorization
    24  contained  in  paragraph  (1)  of  subdivision  eight  of section twelve
    25  hundred sixty-five-a of this title, and (c) adoption of any amendment to
    26  a general resolution specified in either paragraph (a) or  (b)  of  this
    27  subdivision,  not  including  a  series  resolution  or resolutions, the
    28  authority or MTA bridges and tunnels, as the case may be, shall submit a
    29  copy of such resolution or amendment to the  authority  capital  program
    30  review  board.  Within  fifteen  days  of such submission, the board may
    31  notify the authority or MTA bridges and tunnels, as the case may be,  of
    32  its unanimous approval of the same by the members entitled to vote ther-
    33  eon, or if the resolution or amendment is not approved and no individual
    34  member of the board who is entitled to vote on such resolution or amend-
    35  ment  has  notified  the authority in writing of his or her disapproval,
    36  the resolution or amendment shall  be  deemed  to  have  been  approved.
    37  Neither  the  board  nor  any member thereof shall disapprove a proposed
    38  resolution or amendment by reason of  any  covenant  requiring  the  MTA
    39  agencies to charge and fix fares, fees and rentals sufficient to pay its
    40  operating expenses and the debt service, including the funding of requi-
    41  site  reserves,  on the bonds and notes authorized by such resolution or
    42  amendment.  If the board or any member thereof entitled to vote  thereon
    43  shall  disapprove  a  proposed resolution or amendment, the authority or
    44  MTA bridges and tunnels, as the case may be, may, at any time,  resubmit
    45  a   reformulated  resolution  or  amendment.  Within  ten  days  of  the
    46  submission of such reformulated resolution or amendment, the  board  may
    47  notify  the authority or MTA bridges and tunnels, as the case may be, of
    48  its unanimous approval of the same by the members entitled to vote ther-
    49  eon, or, if the reformulated resolution or amendment is not approved and
    50  no individual member of the board who is entitled to  vote  thereon  has
    51  notified  the  authority or MTA bridges and tunnels, as the case may be,
    52  in writing of his or her disapproval within such  period,  the  reformu-
    53  lated  resolution  or  amendment  shall  have  been  deemed to have been
    54  approved. Any individual member of the board who votes against a  resol-
    55  ution  or  amendment  or  a  reformulated resolution or amendment or who
    56  notifies the authority or MTA bridges and tunnels of his or  her  disap-
        S. 994                             37                            A. 1924
 
     1  proval  shall  state  his or her reasons therefor. Neither the authority
     2  nor MTA bridges and tunnels shall adopt a resolution or amendment disap-
     3  proved by the board as provided in this subdivision.
     4    § 1261-b. Metropolitan transportation authority capital program review
     5  board;  additional  powers  and duties. 1. The authority capital program
     6  review board, consisting of voting and non-voting members shall:
     7    (a) monitor the progress of the capital  elements  described  in  each
     8  plan  approved as provided in section twelve hundred sixty-one-a of this
     9  title;
    10    (b) monitor the expenditures incurred and to be incurred for each such
    11  element;
    12    (c) identify capital elements not progressing on schedule;
    13    (d) ascertain responsibility therefor; and
    14    (e) recommend those actions  required  or  appropriate  to  accelerate
    15  their  implementation.  The  authority shall consult with the board upon
    16  its request and provide it with access to the records of  the  authority
    17  relating to such capital elements.
    18    2.  The  authority  shall submit to the review board within sixty days
    19  after the end of each calendar year:
    20    (a) the actual commitments for  the  capital  plan  for  the  previous
    21  calendar year compared to planned commitments by capital elements;
    22    (b)  expenditures  by  funding  source for each capital element in the
    23  previous calendar year; and
    24    (c) the proposed funding of capital elements in a plan for the current
    25  calendar year by funding source. Such submission shall be  certified  by
    26  the  chair  of  the  authority  and  shall be entered into the permanent
    27  record of the minutes of the review board.
    28    § 1262. Metropolitan transportation authority dedicated tax  fund.  1.
    29  The  authority  shall  establish a fund to be known as the "metropolitan
    30  transportation authority dedicated tax fund" which shall be  kept  sepa-
    31  rate  from  and  shall  not  be  commingled with any other monies of the
    32  authority. The fund shall consist of a "pledged amounts account" and  an
    33  "operating and capital costs account" and such other accounts and subac-
    34  counts as the authority may determine.
    35    2.  There shall be deposited, pursuant to appropriation, into the fund
    36  the monies deposited in the dedicated mass transportation trust fund for
    37  payment to the metropolitan transportation authority dedicated tax  fund
    38  pursuant  to  the provisions of subdivision (d) of section three hundred
    39  one-j of the tax law, and any other monies collected for or  transferred
    40  to such fund pursuant to section eighty-eight-a of the state finance law
    41  and  any  other  provision of law directing or permitting the deposit of
    42  monies in such fund.
    43    3. Monies in the fund may be (a) pledged by the  authority  to  secure
    44  and  be  applied to the payment of its bonds, notes or other obligations
    45  specified by the authority and issued to  finance  (i)  subway  projects
    46  undertaken  for  MTA  subways  and  its  subsidiaries, (ii) bus projects
    47  undertaken for MTA bus and its subsidiaries,  and  (iii)  transportation
    48  facilities undertaken for MTA rail and its subsidiaries and (b) used for
    49  payment  of  operating costs, and capital costs, including debt service,
    50  reserve requirements, if any, the payment of amounts required under bond
    51  and note facilities or agreements related thereto, the payment of feder-
    52  al government loans, security or credit arrangements or other agreements
    53  related thereto, and the payment of all  costs  related  to  such  obli-
    54  gations, of or for the MTA agencies as the authority shall determine. To
    55  the  extent  monies  in  the  fund have been pledged by the authority to
    56  secure and pay its bonds, notes or other obligations as provided in this
        S. 994                             38                            A. 1924
 
     1  subdivision, monies deposited into the fund  shall  first  be  deposited
     2  into  the pledged amounts account to the extent necessary to satisfy the
     3  requirements of any debt service or reserve requirements, if any, of the
     4  resolution  authorizing  such  bonds,  notes or other obligations. After
     5  satisfaction of such requirements of the resolution, or if the authority
     6  has not so pledged the monies in the fund, monies deposited in the  fund
     7  shall be directly deposited into the operating and capital costs account
     8  and,  subject  to the provisions of any resolutions of the authority not
     9  secured by the pledged amounts account, transferred forthwith to or  for
    10  the benefit of the MTA agencies as the authority shall determine.
    11    Within  thirty days after the end of each calendar year, the authority
    12  shall certify to the director of the  budget,  the  chairperson  of  the
    13  senate  finance  committee  and the chairperson of the assembly ways and
    14  means committee, the amount of money deposited in the fund  pursuant  to
    15  appropriation from monies deposited in the dedicated mass transportation
    16  trust  fund  for  payment  to  the metropolitan transportation authority
    17  dedicated tax fund pursuant to subdivision (d) of section three  hundred
    18  one-j  of  the  tax  law and section eighty-eight-a of the state finance
    19  law, the amounts expended from the pledged amounts account for the bene-
    20  fit of MTA subways, MTA bus and MTA rail and specifying in each case the
    21  appropriation or appropriations which was the source of such amounts.
    22    4. Any money deposited in the fund shall be held in the fund free  and
    23  clear  of  any  claim by any person arising out of or in connection with
    24  article thirteen-A of the tax law. Without limiting  the  generality  of
    25  the  foregoing and without limiting the rights and duties of the commis-
    26  sioner of taxation and finance under article thirteen-A of the tax  law,
    27  no  petroleum  business,  as defined in section three hundred of the tax
    28  law, or any other person, including the state, shall have any  right  or
    29  claim  against the authority, any of its bond owners or the MTA agencies
    30  to any monies in or distributed from the fund or in respect of a refund,
    31  rebate, credit or reimbursement of taxes paid under  article  thirteen-A
    32  of the tax law.
    33    §  1262-a.  Metropolitan  transportation  authority special assistance
    34  fund. 1. The authority shall create and establish a fund to be known  as
    35  the  "metropolitan  transportation  authority  special  assistance fund"
    36  which shall be kept separate from and shall not be commingled  with  any
    37  other monies of the authority. The special assistance fund shall consist
    38  of  two  separate  accounts:  (a) the "headquarters account" and (b) the
    39  "corporate transportation account".
    40    The authority shall make deposits in the headquarters account  of  the
    41  monies  received  by it pursuant to the provisions of subdivision one of
    42  section two hundred sixty-one of the tax  law  in  accordance  with  the
    43  provisions thereof, and shall make deposits in the corporate transporta-
    44  tion  account of the monies received by it pursuant to the provisions of
    45  subdivision two of section two hundred sixty-one of the tax law.
    46    2. Monies in the headquarters account shall, at the direction  of  the
    47  board  of  the  authority,  be  (a)  deposited into one or more funds or
    48  accounts and used as contemplated by section twelve hundred  sixty-two-i
    49  of this title or (b) used for the payment of operating and capital costs
    50  of the MTA agencies as the authority shall determine.
    51    3.  (a)  Monies in the corporate transportation account shall first be
    52  used for payments to the metropolitan transportation authority Dutchess,
    53  Orange and Rockland fund established by section  twelve  hundred  sixty-
    54  two-b  of  this title. The remaining monies in the corporate transporta-
    55  tion account may be deposited into the headquarters account  or  one  or
    56  more  funds  or  accounts  and  used  as  contemplated by section twelve
        S. 994                             39                            A. 1924
 
     1  hundred sixty-two-i of this title.  Subject to the provisions of section
     2  twelve hundred sixty-two-i of this  title,  any  excess  monies  in  the
     3  corporate  transportation account may be used for the payment of operat-
     4  ing  and capital costs of the MTA agencies as the authority shall deter-
     5  mine.
     6    (b) In each year, the authority shall transfer in four equal quarterly
     7  amounts from the corporate transportation account  to  the  metropolitan
     8  transportation  authority  Dutchess, Orange and Rockland fund created by
     9  section twelve hundred sixty-two-b of this title the following  amounts:
    10  to the Dutchess account of such fund the sum of one million five hundred
    11  thousand  dollars;  to  the  Orange  account of such fund the sum of one
    12  million five hundred thousand dollars; and to the  Rockland  account  of
    13  such fund the sum of two million dollars.
    14    (c)  In  addition  to  the  amounts set forth in paragraph (b) of this
    15  subdivision, the authority shall transfer from the corporate transporta-
    16  tion account to the Dutchess account, the Orange account and  the  Rock-
    17  land account, respectively, an amount equal to the percent by which such
    18  county's payments to the authority in the preceding calendar year pursu-
    19  ant to the provisions of subdivisions one and two of section two hundred
    20  sixty-one  of  the  tax  law  increased  over  such payments in nineteen
    21  hundred eighty-nine times one million five hundred thousand dollars  for
    22  Dutchess  county,  one  million five hundred thousand dollars for Orange
    23  county and two million dollars for Rockland county;  provided,  however,
    24  that  in  no  event shall such amount reduce the amount that each county
    25  would receive pursuant to paragraph (b) of this subdivision  be  reduced
    26  by  operation  of  this  paragraph,  and  provided further, however, for
    27  purposes of calculating the percent by which such county's  payments  to
    28  the  authority in the preceding calendar year pursuant to the provisions
    29  of subdivisions one and two of section two hundred sixty-one of the  tax
    30  law  increased over such payments in nineteen hundred eighty-nine, there
    31  shall be excluded the amount by which the payments  in  each  such  year
    32  increased  as  a  result  of  the  recording tax imposed pursuant to the
    33  provisions of subdivision two of section two hundred  sixty-one  of  the
    34  tax  law  being  in  excess  of  twenty-five  cents for each one hundred
    35  dollars.
    36    § 1262-b. Metropolitan transportation authority Dutchess,  Orange  and
    37  Rockland  fund. 1. The authority shall create and establish a fund to be
    38  known as the "metropolitan transportation authority Dutchess, Orange and
    39  Rockland fund" which shall be  kept  separate  from  and  shall  not  be
    40  commingled  with any other monies of the authority. The Dutchess, Orange
    41  and Rockland fund shall consist of  three  separate  accounts:  (a)  the
    42  "Dutchess  account";  (b)  the  "Orange  account"; and (c) the "Rockland
    43  account".
    44    2. The metropolitan  transportation  authority  Dutchess,  Orange  and
    45  Rockland  fund  shall  consist  of  monies  transferred by the authority
    46  pursuant to subdivision three of section twelve hundred  sixty-two-a  of
    47  this title.
    48    3.  Monies  in the Dutchess account, the Orange account, and the Rock-
    49  land account shall on a quarterly basis be (a) paid to the  counties  of
    50  Dutchess, Orange and Rockland, respectively, for the purposes of provid-
    51  ing  mass transportation operating assistance, including debt service on
    52  bonds or notes issued for such purposes, or for providing the  following
    53  types  of  capital projects within such county: capacity and infrastruc-
    54  ture improvements to state, county, town, city, village roads, highways,
    55  parkways or bridges; or state, county, town, city, village  mass  trans-
    56  portation  projects;  or  (b) transferred to the suburban transportation
        S. 994                             40                            A. 1924
 
     1  fund pursuant to a resolution, which is irrevocable during the  term  of
     2  any outstanding bonds or notes issued, adopted by the county legislature
     3  of Dutchess county, the county legislature of Orange county or the coun-
     4  ty  legislature  of  Rockland county directing the authority to make all
     5  such future transfers of funds from its respective account to the subur-
     6  ban transportation fund.
     7    § 1262-c. MTA and MTA agencies - agreement of the  state  relating  to
     8  bankruptcy and impairment of bondholders' rights and remedies. The state
     9  does hereby pledge to and agree with the MTA agencies, and the owners of
    10  any  bonds,  notes  and  other obligations, including lease obligations,
    11  issued or incurred under this title, that the state will  not  limit  or
    12  alter  the  denial of authority under subdivision nine of section twelve
    13  hundred sixty-two-h of this title, or the rights and  powers  vested  in
    14  the  MTA  agencies  by this title to fulfill the terms of any agreements
    15  made by any of them with the owners thereof, or in any  way  impair  the
    16  rights  and  remedies  of  such owners until such bonds, notes and other
    17  obligations, including lease obligations,  together  with  the  interest
    18  thereon,  with  interest on any unpaid installments of interest, and all
    19  costs and expenses for which the MTA agencies are liable  in  connection
    20  with  any action or proceeding by or on behalf of such owners, are fully
    21  met and discharged. The MTA agencies are each authorized to include this
    22  pledge and agreement of the state in any agreement with  the  owners  of
    23  such bonds, notes or other obligations, including lease obligations.
    24    § 1262-d. MTA - excess loss fund. 1. Subject to the provisions of this
    25  section,  the  authority  is  authorized  to  issue  bonds and notes, in
    26  accordance with section twelve hundred sixty-two-h  of  this  title,  in
    27  such  principal  amounts  not  in  excess of the two hundred twenty-five
    28  million dollar  limitation  established  in  subdivision  four  of  this
    29  section  as,  in  the  opinion  of  the authority, shall be necessary to
    30  provide sufficient funds to meet the capital and reserve requirements of
    31  a trust, pooling arrangement or other entity established for the purpose
    32  of providing reimbursement and funding to the  MTA  agencies,  including
    33  any such trust or pooling arrangement established by a subsidiary of the
    34  MTA  agencies  to  provide  insurance to the MTA agencies, for excess or
    35  extraordinary losses for damages to real or personal property or for the
    36  destruction thereof or for personal injuries or death  and  for  certain
    37  property damage losses which may be incurred or sustained by any of them
    38  in  connection with the use and operation of their respective facilities
    39  and in the conduct of their respective activities  (the  trust,  pooling
    40  arrangement  or  other entity established in order to provide such bene-
    41  fits to such participants, including any such trust or pooling  arrange-
    42  ment  established by a subsidiary of the MTA agencies, being referred to
    43  in this section as the "excess loss fund"). Prior to the issuance of any
    44  bonds or notes, other than refunding bonds or notes, authorized by  this
    45  section,  the authority shall make a finding that such issue is expected
    46  to result, on a present value basis, in a lower effective  cost  to  the
    47  participating  MTA  agencies than funding the requirements of the excess
    48  loss fund solely through the payment of premiums and assessments by such
    49  participating MTA agencies, or is otherwise economically advantageous.
    50    2. In order to effectuate the purposes of the excess  loss  fund,  the
    51  authority shall, subject to the provisions of this section, have all the
    52  powers provided elsewhere in this title and may:
    53    (a)  accept  the notes, bonds and other contractual obligations of the
    54  excess loss fund for funds provided to it by the authority;
    55    (b) obtain security for the payment by the excess  loss  fund  of  its
    56  notes,  bonds and other contractual obligations issued to the authority,
        S. 994                             41                            A. 1924
 
     1  including a pledge of all or any part of the assets and revenues of  the
     2  excess loss fund, including its receipts and rights to receive premiums,
     3  assessments,  reimbursements and other payments from the participants in
     4  the excess loss fund, which pledge may contain covenants with respect to
     5  the  charging  and  fixing by actuarial estimates, where appropriate, of
     6  premiums, assessments, reimbursements and other payments and the use and
     7  disposition thereof; and
     8    (c) enter into contracts with  the  excess  loss  fund  and  with  the
     9  participants  therein,  on  such terms and conditions as the parties may
    10  agree, with respect to the payment of premiums, assessments,  reimburse-
    11  ments  and  other  payments  to  the excess loss fund and the nature and
    12  extent of the benefits to be paid  by  the  excess  loss  fund  to  such
    13  participants.
    14    3.  The  bonds  and  notes of the authority authorized by this section
    15  shall not constitute general obligations of the authority, but shall  be
    16  special obligations of the authority payable as to principal, redemption
    17  premium,  if  any,  and  interest  solely  from the security, sources of
    18  payment and funds either obtained from or on behalf of the  excess  loss
    19  fund,  including premiums paid by the MTA agencies, as insureds, or from
    20  other payments made by the MTA agencies, all in the manner more  partic-
    21  ularly  provided  by  the  authority  in the resolution under which such
    22  bonds and notes shall be authorized to be issued.
    23    4. The aggregate principal amount of bonds and notes  issued  for  the
    24  purposes  enumerated in subdivision one of this section shall not exceed
    25  two hundred twenty-five million dollars, excluding: (a) bonds and  notes
    26  issued  to  fund  costs  of  issuance  and  any reasonably required debt
    27  service reserve fund for such bonds or notes; (b) an amount equal to any
    28  original issue discount from the principal amount of any bonds or  notes
    29  issued;  and  (c)  bonds  and  notes issued to refund or otherwise repay
    30  bonds or notes theretofore issued for such purposes, provided,  however,
    31  that  upon any such refunding or repayment the total aggregate principal
    32  amount of outstanding bonds and notes (including  for  purpose  of  such
    33  calculation the principal amount of the refunding bonds or notes then to
    34  be issued and excluding the principal amount of the bonds or notes so to
    35  be  refunded  or  repaid and any amounts excluded under paragraph (a) or
    36  (b) of this subdivision) may be greater  than  two  hundred  twenty-five
    37  million dollars, only if the present value of the aggregate debt service
    38  of  the  refunding  or  repayment  bonds or notes to be issued shall not
    39  exceed the present value of the aggregate debt service of the  bonds  or
    40  notes so to be refunded or repaid. For purposes of paragraph (c) of this
    41  subdivision,  the  present  values  of the aggregate debt service of the
    42  refunding or repayment bonds or notes and of the aggregate debt  service
    43  of  the  bonds or notes so to be refunded or repaid, shall be calculated
    44  by utilizing the effective interest rate of the refunding  or  repayment
    45  bonds  or  notes,  which  shall  be that rate arrived at by doubling the
    46  semi-annual  interest  rate  (compounded  semi-annually)  necessary   to
    47  discount  the  debt service payments on the refunding or repayment bonds
    48  or notes from the payment dates thereof to the  date  of  issue  of  the
    49  refunding  or  repayment  bonds  or notes and to the price bid including
    50  estimated accrued interest or proceeds received by the authority includ-
    51  ing estimated accrued interest from the sale thereof. Any bonds or notes
    52  issued pursuant to this section shall not be included in  the  aggregate
    53  limitation  established  by subdivision eleven of section twelve hundred
    54  sixty-two-h of this title. The provisions of subdivision nine of section
    55  twelve hundred sixty-one-a of this title shall not apply to any bonds or
        S. 994                             42                            A. 1924
 
     1  notes issued pursuant to this section or the resolution relating to such
     2  bonds or notes.
     3    5.  The  term  "excess  loss  fund"  as used in this section shall not
     4  include any trust,  pooling  arrangements  or  other  entity  (a)  which
     5  provides  or  offers  to  provide reimbursement or funding for losses or
     6  liabilities to any entity other than the MTA agencies, or (b)  in  which
     7  any entity other than an MTA agency holds an equity interest.
     8    §  1262-e. MTA - pension obligation bonds. The authority may from time
     9  to time issue its bonds and notes in such principal amounts as,  in  the
    10  opinion  of the authority, shall be necessary to finance, in whole or in
    11  part, the unfunded pension fund liabilities of the MTA  agencies.  Prior
    12  to  the issuance of any bonds or notes, the authority shall make a find-
    13  ing that such issue is expected to result, on a present value basis,  in
    14  a  lower  effective  cost  to  the  authority  than funding the unfunded
    15  pension fund liability solely through the payment of annual  amounts  to
    16  the  pension fund, assuming that the principal component of the unfunded
    17  liability will be amortized over the same number of years as the term of
    18  the bonds or notes and that the interest payable thereon is the actuari-
    19  al rate of interest determined by the actuary for the  pension  fund  at
    20  the time of the issuance of such bonds or notes. The aggregate principal
    21  amount  of  bonds and notes issued for such purposes may be increased to
    22  fund costs of issuance and any reasonably required debt service or other
    23  reserve funds. Bonds and notes may be  issued  to  refund  or  otherwise
    24  repay  bonds  or  notes  theretofore issued for such purposes; provided,
    25  however that upon any such refunding or repayment (including for purpose
    26  of such calculation the principal amount of the refunding bonds or notes
    27  then to be issued and excluding the principal amount  of  the  bonds  or
    28  notes so to be refunded or repaid and also excluding any amounts used to
    29  pay  costs  of  issuance  and  reasonably required debt service or other
    30  reserve funds) the present value of the aggregate debt  service  of  the
    31  refunding  or repayment bonds or notes to be issued shall not exceed the
    32  present value of the aggregate debt service of the bonds or notes so  to
    33  be refunded or repaid. For purposes of the preceding sentence, the pres-
    34  ent  values  of the aggregate debt service of the refunding or repayment
    35  bonds or notes and of the aggregate debt service of the bonds  or  notes
    36  so  to be refunded or repaid shall be calculated by utilizing the effec-
    37  tive interest rate of the refunding or repayment bonds or  notes,  which
    38  shall  be that rate arrived at by doubling the semi-annual interest rate
    39  (compounded  semi-annually)  necessary  to  discount  the  debt  service
    40  payments  on  the refunding or repayment bonds or notes from the payment
    41  dates thereof to the date of issue of the refunding or  repayment  bonds
    42  or  notes  and  to the price bid including estimated accrued interest or
    43  proceeds received by the authority including estimated accrued  interest
    44  from  the  sale  thereof.  Any  bonds  or  notes issued pursuant to this
    45  section shall not be included in the aggregate limitation established by
    46  subdivision eleven of section twelve hundred sixty-two-h of this  title.
    47  The  provisions  of  subdivision eleven of section twelve hundred sixty-
    48  one-a of this title shall not apply to any bonds or notes issued  pursu-
    49  ant to this section or the resolution relating to such bonds or notes.
    50    §  1262-f.  MTA  and  MTA bridges and tunnels - bonds, notes and other
    51  obligations as legal investment. The bonds, notes and other  obligations
    52  of  the authority and MTA bridges and tunnels are hereby made securities
    53  in which all public officers and bodies of the  state  and  all  munici-
    54  palities and political subdivisions, all insurance companies and associ-
    55  ations  and  other persons carrying on an insurance business, all banks,
    56  bankers,  trust  companies,  savings  banks  and  savings  associations,
        S. 994                             43                            A. 1924
 
     1  including savings and loan associations, building and loan associations,
     2  investment  companies  and other persons carrying on a banking business,
     3  all administrators, guardians, executors, trustees and  other  fiduciar-
     4  ies,  and  all other persons whatsoever who are now or who may hereafter
     5  be authorized to invest in bonds, notes  or  other  obligations  of  the
     6  state,  may properly and legally invest funds including capital in their
     7  control or belonging to them.  Notwithstanding any other  provisions  of
     8  law,  the  bonds,  notes  and other obligations of the authority and MTA
     9  bridges and tunnels are also hereby made securities which may be  depos-
    10  ited  with  and  shall  be received by all public officers and bodies of
    11  this state and all municipalities and  political  subdivisions  for  any
    12  purpose for which the deposit of bonds or other obligations of the state
    13  is now or may hereafter be authorized.
    14    §  1262-g. MTA agencies - exemption from taxation. It is hereby found,
    15  determined and declared that the creation of the MTA  agencies  and  the
    16  carrying out of their purposes is in all respects for the benefit of the
    17  people of the state and for the improvement of their health, welfare and
    18  prosperity  and  is  a public purpose, and that the MTA agencies will be
    19  performing an essential governmental function in  the  exercise  of  the
    20  powers  conferred  upon  it  by  this  title.  The MTA agencies shall be
    21  required to pay no  fees,  taxes,  assessments  or  special  ad  valorem
    22  levies,  whether  state  or  local,  including  but not limited to fees,
    23  taxes, assessments or special ad valorem levies on  real  estate,  fran-
    24  chise  taxes,  sales  taxes or other excise taxes, upon (a) any of their
    25  property, (b) property (i) owned, leased, or acquired by, (ii) under the
    26  jurisdiction, control, possession, or supervision of, or (iii) used  for
    27  or in the course of the corporate purposes of, the MTA agencies, whether
    28  pursuant  to  the  provisions  of  a joint service arrangement, or joint
    29  facilities, trackage rights or other agreement, (c) their activities  in
    30  the  operation  and  maintenance  of their facilities, or (d) any fares,
    31  tolls, rentals, rates, charges or other fees, revenues or  other  income
    32  received  by the MTA agencies and the bonds, notes and other obligations
    33  of the authority and MTA bridge and tunnels  and  the  income  therefrom
    34  shall  at  all times be exempt from taxation, except for gift and estate
    35  taxes and taxes on transfers. This section shall constitute  a  covenant
    36  and  agreement with the owners of all bonds, notes and other obligations
    37  issued by the authority and MTA bridges and tunnels.
    38    § 1262-h. MTA and MTA bridges and tunnels -  bonds,  notes  and  other
    39  obligations. 1. (a) The authority and MTA bridges and tunnels shall have
    40  power  and are hereby authorized from time to time to issue bonds, notes
    41  and other obligations in such principal amount  as,  in  their  opinion,
    42  shall  be  necessary, convenient or desirable to effectuate any of their
    43  powers and purposes, including to provide sufficient funds for achieving
    44  their purposes, including the acquisition, establishment,  construction,
    45  effectuation,  operation,  maintenance,  renovation, improvement, exten-
    46  sion, rehabilitation or repair of any  transportation  facility  or  MTA
    47  bridges and tunnels project, the payment of principal, redemption premi-
    48  um  and interest on bonds, notes and other obligations of any of the MTA
    49  agencies, establishment of reserves to  secure  such  bonds,  notes  and
    50  other  obligations,  the  provision  of  working  capital  and all other
    51  expenditures of any of the  MTA  agencies  incident  to  and  necessary,
    52  convenient  or  desirable  to  carry out their purposes and powers. Such
    53  bonds, notes or other obligations may be issued for an individual trans-
    54  portation facility or MTA bridges and tunnels project, or  issued  on  a
    55  consolidated basis for such groups or classes of facilities and projects
    56  as  the  authority  or  MTA  bridges and tunnels in its discretion deems
        S. 994                             44                            A. 1924
 
     1  appropriate and be payable from and secured separately or on  a  consol-
     2  idated basis by, among other things, all or any portion of such revenues
     3  and  other monies and assets of the MTA agencies as the authority or MTA
     4  bridges  and  tunnels  determines  in  accordance with the provisions of
     5  section twelve hundred sixty-two-i of this title.
     6    (b) The authority and MTA bridges and tunnels shall have  power,  from
     7  time  to  time, to issue renewal notes, to issue bonds to refund, redeem
     8  or otherwise pay, including by purchase or  tender,  notes  of  the  MTA
     9  agencies  and whenever it deems refunding, redemption or payment expedi-
    10  ent, to refund, redeem  or  otherwise  pay,  including  by  purchase  or
    11  tender,  any  bonds  of  the  MTA agencies by the issuance of new bonds,
    12  whether the bonds to be refunded, redeemed or  otherwise  paid  have  or
    13  have  not matured, and to issue bonds partly for such purpose and partly
    14  for any other purpose  and  to  otherwise  refund,  redeem,  acquire  by
    15  purchase  or  tender, or in any other way repay outstanding bonds, notes
    16  or other obligations of the MTA agencies.
    17    (c) Every issue of bonds, notes or other obligations shall be  payable
    18  out  of  any revenues, receipts, monies or other assets of the MTA agen-
    19  cies identified for such purposes in accordance with agreements with the
    20  owners of particular bonds, notes or other  obligations.  The  authority
    21  and  MTA bridges and tunnels may issue consolidated revenue bonds, notes
    22  or other obligations as provided in section twelve  hundred  sixty-two-i
    23  of this title.
    24    2.  The  bonds,  notes  and  other  obligations shall be authorized by
    25  resolution approved by not less than a  majority  vote  of  its  members
    26  determined  in  accordance  with  paragraphs  (a) and (b) of subdivision
    27  three of section twelve hundred sixty-c of this title. Such bonds, notes
    28  and other obligations shall bear such date or dates, and shall mature at
    29  such time or times, in the case of any such note or any renewals thereof
    30  not exceeding five years from the date of issue of such  original  note,
    31  and in the case of any such bond not exceeding fifty years from the date
    32  of  issue,  as  such  resolution  or resolutions may provide. The bonds,
    33  notes and other obligations shall bear interest at such rate  or  rates,
    34  be  in such denominations, be in such form, either coupon or registered,
    35  carry such registration privileges, be executed in such manner, be paya-
    36  ble in such medium of payment, at such place or places and be subject to
    37  such terms of redemption as such resolution or resolutions may  provide.
    38  The  bonds, notes and other obligations of the authority and MTA bridges
    39  and tunnels may be sold by the authority, at public or private sale,  at
    40  such  price  or prices as the authority or MTA bridges and tunnels shall
    41  determine. The bonds and notes of the authority may not be sold  by  the
    42  authority  at  private  sale unless such sale and the terms thereof have
    43  been approved in writing by (a) the state comptroller, where  such  sale
    44  is  not  to  the state comptroller, or (b) the director of the budget of
    45  the state, where such sale is to the state comptroller.  The  bonds  and
    46  notes  of MTA bridges and tunnels may be sold by MTA bridges and tunnels
    47  at private sale without approval by the state comptroller, or the direc-
    48  tor of the budget of the state.
    49    3. Any resolution or resolutions authorizing any bonds, notes or other
    50  obligations of the authority and MTA bridges  and  tunnels  may  contain
    51  provisions, which shall be a part of the contract with the owners there-
    52  of, as to:
    53    (a)  pledging  all  or  any  part of the revenues, receipts, monies or
    54  other assets of the MTA agencies to secure the  payment  of  the  bonds,
    55  notes  or  other obligations, subject to such applicable agreements with
    56  owners of other obligations of the MTA agencies as may then exist;
        S. 994                             45                            A. 1924
 
     1    (b) the use and  disposition  of  revenues,  including  fares,  tolls,
     2  rentals, rates, charges and other fees made or received by the MTA agen-
     3  cies;
     4    (c)  the setting aside of reserves or sinking funds and the regulation
     5  and disposition thereof;
     6    (d) limitations on the purpose to which the proceeds of sale of bonds,
     7  notes or other obligations may be applied and pledging such proceeds  to
     8  secure the payment of the bonds, notes or other obligations;
     9    (e)  limitations  on  the issuance of additional bonds, notes or other
    10  obligations; the terms upon which additional bonds, notes or other obli-
    11  gations may be issued and secured; the refunding of outstanding or other
    12  bonds, notes or other obligations;
    13    (f) the procedure, if any, by which the terms  of  any  contract  with
    14  owners  may be amended or abrogated, the amount of bonds, notes or other
    15  obligations the owners of which must consent thereto, and the manner  in
    16  which such consent may be given;
    17    (g)  limitations  on  the  amount  of monies to be expended by the MTA
    18  agencies for operating, administrative or  other  expenses  of  the  MTA
    19  agencies;
    20    (h) vesting in a trustee or trustees such property, rights, powers and
    21  duties  in  trust as the authority or MTA bridges and tunnels may deter-
    22  mine, which may include any or all of the rights, powers and  duties  of
    23  the trustee appointed by the owners pursuant to this title, and limiting
    24  or  abrogating  the  right of the owners to appoint a trustee under this
    25  article or limiting the rights, powers and duties of such trustee; and
    26    (i) any other matters, of like or different character,  which  in  any
    27  way affect the security or protection of the bonds, notes or other obli-
    28  gations of the authority and MTA bridges and tunnels.
    29    4.  In  addition  to  the  powers  conferred  in this section upon the
    30  authority and MTA bridges and tunnels to secure their bonds,  notes  and
    31  other  obligations, the authority and MTA bridges and tunnels shall have
    32  power in connection with the issuance of bonds, notes  and  other  obli-
    33  gations  to  enter  into such agreements as the authority or MTA bridges
    34  and tunnels may deem necessary, convenient or desirable  concerning  the
    35  use or disposition of the monies or property of any of the MTA agencies,
    36  including the mortgaging of any such property and the entrusting, pledg-
    37  ing  or  creation  of  any other security interest in any such monies or
    38  property and the doing of any act (including refraining from  doing  any
    39  act) which the MTA agencies would have the right to do in the absence of
    40  such  agreements.  The  authority and MTA bridges and tunnels shall have
    41  power to enter into amendments of any such agreements within the  powers
    42  granted  to  the authority and MTA bridges and tunnels by this title and
    43  to perform such agreements.  The provisions of any such  agreements  may
    44  be  made  a part of the contract with the owners of the bonds, notes and
    45  other obligations of the authority and MTA bridges and tunnels.
    46    5. The MTA agencies are authorized to pledge to, or  for  the  benefit
    47  of,  the  holders  of  any  bonds, notes or other obligations, including
    48  obligations incurred in connection with lease transactions, issued by or
    49  for the benefit of such MTA agency, as security for the payment thereof,
    50  any revenues, securities, contract rights or other  property.  Any  such
    51  pledge  shall specify the priority and ranking of such pledge in respect
    52  of other pledges, if any, of the  same  revenues,  securities,  contract
    53  rights  or  other  property  by such MTA agency. Any pledge of revenues,
    54  securities, contract rights or other property made  by  any  MTA  agency
    55  shall be valid and binding, and have the priority set forth in the docu-
    56  ment  creating  the lien from the time when the pledge is made; that the
        S. 994                             46                            A. 1924
 
     1  monies or property so pledged and thereafter received by the  MTA  agen-
     2  cies shall immediately be subject to the lien of such pledge without any
     3  physical  delivery thereof or further act; and that the lien of any such
     4  pledge  shall  be valid and binding as against all parties having claims
     5  of any kind in tort, contract or otherwise  against  the  MTA  agencies,
     6  irrespective  of  whether  such parties have notice thereof. Neither the
     7  resolution, trust agreement, security agreement or other  instrument  by
     8  which  a pledge is created need be recorded or filed and none of the MTA
     9  agencies shall be required to comply with any of the provisions  of  the
    10  uniform commercial code to create or maintain any such pledge or lien or
    11  establish the priority thereof.
    12    6.  Neither  the  members of the MTA agencies nor any person executing
    13  the bonds, notes or other obligations shall be liable personally on  the
    14  bonds,  notes or other obligations or be subject to any personal liabil-
    15  ity or accountability by reason of the issuance thereof.
    16    7. The MTA agencies, subject to such agreements  with  the  owners  of
    17  bonds,  notes  and other obligations as may then exist, shall have power
    18  out of any funds available therefor to purchase bonds,  notes  or  other
    19  obligations  of the MTA agencies. The authority may hold, cancel or sell
    20  such bonds, notes and other obligations, subject to  and  in  accordance
    21  with agreements with such owners.
    22    8.  Neither  the  state  nor  any  other  political subdivision in the
    23  district, including the city, shall be liable on bonds, notes  or  other
    24  obligations  of  the  MTA agencies and such bonds, notes and other obli-
    25  gations shall not be a debt of the state or any other political subdivi-
    26  sion in the district, including the city,  and  such  bonds,  notes  and
    27  other  obligations  shall  contain on the face thereof, or in an equally
    28  prominent place, a statement to such effect.
    29    9. So long as the authority or any other MTA  agency  has  outstanding
    30  any  bonds,  notes  or other obligations, none of the MTA agencies shall
    31  have the authority to file a voluntary petition under  chapter  nine  of
    32  the  federal  bankruptcy code or such corresponding chapter, chapters or
    33  sections as may, from time to time, be in effect, and neither any public
    34  officer nor any organization, entity or other person shall authorize the
    35  MTA agencies to be or become a debtor under chapter nine or said  corre-
    36  sponding chapter, chapters or sections during any such period.
    37    10.  Any  resolution  or  agreement authorizing the issuance of bonds,
    38  notes or other obligations pursuant to this section  may,  in  addition,
    39  authorize  and  provide  for  the  issuance  of lease obligations of the
    40  authority and MTA bridges and  tunnels  which  may  be  issued  for  the
    41  purposes  and  on  the terms and conditions under which the bonds, notes
    42  and other obligations authorized under this section may be  issued,  and
    43  may  be  secured in the same manner as such bonds, notes and other obli-
    44  gations, and which resolution with respect to such lease obligations may
    45  contain such other provisions applicable to bonds, notes and other obli-
    46  gations not inconsistent with the provisions of  this  section,  as  the
    47  authority or MTA bridges and tunnels may determine.
    48    11.  The  aggregate  principal  amount  of bonds, notes or other obli-
    49  gations issued after the first day of January, nineteen hundred  ninety-
    50  three  by the MTA agencies to fund projects contained in capital program
    51  plans approved pursuant to section twelve hundred  sixty-one-a  of  this
    52  title  (or  its  predecessor provisions) for the period nineteen hundred
    53  ninety-two through two thousand four shall not  exceed  sixteen  billion
    54  five hundred million dollars.  Such aggregate principal amount of bonds,
    55  notes  or  other  obligations  or  the  expenditure thereof shall not be
    56  subject to any limitation contained in any other provision of law on the
        S. 994                             47                            A. 1924
 
     1  principal amount of bonds, notes or other obligations or the expenditure
     2  thereof applicable to the MTA agencies. The aggregate limitation  estab-
     3  lished  by  this subdivision shall not include (a) obligations issued to
     4  refund,  redeem  or  otherwise  repay,  including by purchase or tender,
     5  obligations theretofore issued either by the issuer  of  such  refunding
     6  obligations  or  by the MTA agencies, (b) obligations issued to fund any
     7  debt service or other reserve funds  for  such  obligations,  (c)  obli-
     8  gations issued or incurred to fund the costs of issuance, the payment of
     9  amounts  required  under  bond  and  note  facilities,  federal or other
    10  governmental loans, security or credit arrangements or other  agreements
    11  related  thereto  and  the  payment of other financing and related costs
    12  associated with such obligations, (d) an amount equal  to  any  original
    13  issue  discount from the principal amount of such obligations or to fund
    14  capitalized  interest,  (e)  obligations  incurred  pursuant  to  former
    15  section twelve hundred seven-m of this article, (f) obligations incurred
    16  to  fund  the  acquisition of certain buses for the former New York city
    17  transit authority as identified  in  a  capital  program  plan  approved
    18  pursuant  to chapter fifty-three of the laws of nineteen hundred ninety-
    19  two, (g) obligations incurred in connection with the leasing, selling or
    20  transferring of real property or equipment, and  (h)  bond  anticipation
    21  notes  or  other  obligations  payable solely from the proceeds of other
    22  bonds, notes or other obligations which would be included in the  aggre-
    23  gate  principal  amount specified in the first sentence of this subdivi-
    24  sion, whether or not secured by revenues of the MTA agencies.
    25    § 1262-i. MTA and MTA bridges and tunnels-consolidated financings.  1.
    26  Notwithstanding  any  inconsistent  provisions of this or any other law,
    27  general, special or local, the authority and MTA bridges and tunnels may
    28  issue their notes, bonds and other obligations to finance transportation
    29  facilities and MTA bridges and tunnels  projects,  utilizing  a  consol-
    30  idated pledge of all or any portion of the revenues and other monies and
    31  assets of the MTA agencies, together with those other sources of payment
    32  described  in  this section. In connection therewith, at its discretion,
    33  the authority and MTA bridges and tunnels, subject to the rights of  the
    34  owners of bonds, notes or other obligations of the MTA agencies, may (a)
    35  agree with the MTA agencies that any such entity will deposit all or any
    36  portion  of  the revenues, other monies and assets received by it or its
    37  subsidiaries into one or more funds or  accounts,  and  (b)  deposit  or
    38  cause to be deposited into one or more funds and accounts (i) all or any
    39  portion  of  the  revenues,  other monies and assets received by the MTA
    40  agencies, (ii) all or any portion of the annual operating surplus of any
    41  MTA agency, (iii) all or any portion of the amounts from  the  operating
    42  and  capital  costs account of the metropolitan transportation authority
    43  dedicated tax fund required to be distributed to MTA agencies under  the
    44  provisions  of  section twelve hundred sixty-two of this title, (iv) all
    45  or any portion of the available monies in the  headquarters  account  of
    46  the metropolitan transportation authority special assistance fund estab-
    47  lished  under  the  provisions  of section twelve hundred sixty-two-a of
    48  this title available for payment of operating and capital costs  of  MTA
    49  subways  as provided in subdivision two of section twelve hundred sixty-
    50  two-a of this title, (v) all or any portion of the available  monies  in
    51  the  corporate transportation account of the metropolitan transportation
    52  authority special assistance fund established under  the  provisions  of
    53  section  twelve  hundred  sixty-two-a of this title available for use by
    54  the authority for payment of operating  costs  of,  and  capital  costs,
    55  including  debt  service and reserve requirements, if any, of or for the
    56  MTA agencies as provided  in  paragraph  (a)  of  subdivision  three  of
        S. 994                             48                            A. 1924
 
     1  section  twelve  hundred  sixty-two-a  of this title, and (vi) any other
     2  monies of the MTA agencies from any source whatsoever.
     3    2.  Amounts  so  deposited  in  such  funds or accounts may be (a) (i)
     4  pledged by the authority and MTA bridges and tunnels to secure,  and  be
     5  applied  to,  or  (ii) be applied to, the payment of its bonds, notes or
     6  other obligations issued to finance transportation facilities undertaken
     7  for the MTA agencies, and bridge and tunnel projects undertaken for  MTA
     8  bridges  and  tunnels,  and (b) used for payment of operating costs, and
     9  capital costs, including debt service, reserve requirements, if any, the
    10  payment of amounts required under bond, note or other financing  facili-
    11  ties  or  agreements, and the payment of all costs related to such obli-
    12  gations, of or for the MTA agencies as the authority or MTA bridges  and
    13  tunnels  in its full discretion shall determine. To the extent monies so
    14  deposited have been pledged by the authority or MTA bridges and  tunnels
    15  to  secure  and pay its bonds, notes or other obligations as provided in
    16  this section, such monies shall first be applied to satisfy the require-
    17  ments of any debt service or reserve requirements of the  resolution  or
    18  resolutions  or  other  contractual arrangements authorizing such bonds,
    19  notes or other obligations.  After satisfaction of such requirements  of
    20  any  such  resolution, resolutions, or other contractual arrangements or
    21  if the authority and MTA bridges and tunnels have not  so  pledged  such
    22  monies, such monies so deposited, subject to the provisions of any other
    23  resolutions or contractual arrangements of the MTA agencies and applica-
    24  ble  provisions  of law, may be transferred to or for the benefit of the
    25  MTA agencies. Revenues and other monies of the MTA  agencies  which  are
    26  deposited  in  the  funds  or  accounts  authorized  by this section, as
    27  reduced by any application of such revenues or monies to the payment  of
    28  debt service, reserve requirements, if any, and other costs attributable
    29  to  the funding of the capital costs of such entity, shall be allocated,
    30  credited and distributed to such source entity. Any  other  revenues  or
    31  monies  which  are deposited in the funds or accounts authorized by this
    32  section which are required by law to be allocated or  paid  to  the  MTA
    33  agencies,  shall  be  allocated  or  paid  to  the entity to which it is
    34  required to be allocated or paid by law after  reduction  by  an  amount
    35  equal  to  the  portion  thereof applied to the payment of debt service,
    36  reserve requirements, if any, and other costs attributable to the  fund-
    37  ing  of  the  capital costs of such entity. In determining the amount of
    38  debt service, reserve requirements, if any, and other costs attributable
    39  to the MTA agencies, the authority shall  make  such  calculation  based
    40  upon  the percentage of the proceeds of the bonds, notes and other obli-
    41  gations expended for the capital costs attributable to each such entity.
    42  The authority may utilize any interim allocation of such  distributions,
    43  provided  that  within  ninety days after the end of each calendar year,
    44  the authority shall certify to the director of the budget of the  state,
    45  the  chairperson  of the senate finance committee and the chairperson of
    46  the assembly ways and means committee,  that  the  aggregate  amount  of
    47  monies transferred to each of the MTA agencies in respect of such calen-
    48  dar  year,  taking into account any interagency repayments or reimburse-
    49  ments anticipated to be made in the next succeeding  calendar  year,  is
    50  not  less  than  the  amounts required to be paid or transferred to such
    51  entities.
    52    § 1262-j. MTA and MTA bridges and tunnels - reserve funds  and  appro-
    53  priations.  The  authority  and  MTA  bridges and tunnels may create and
    54  establish one or more reserve or defeasance  funds  in  accordance  with
    55  agreements  with  owners of their bonds, notes and other obligations and
    56  may pay into such reserve funds (a) any  monies  appropriated  and  made
        S. 994                             49                            A. 1924
 
     1  available  by the state for the purposes of such funds, (b) any proceeds
     2  of sale of bonds, notes or other obligations, to the extent provided  in
     3  the  resolution  authorizing  the  issuance  thereof,  and (c) any other
     4  monies  which  may  be made available for the purpose of such funds from
     5  any other source or sources. In  lieu  thereof,  the  authority  or  MTA
     6  bridges  and  tunnels may provide for the deposit therein of, or substi-
     7  tute for monies on deposit therein,  a  liquidity  or  credit  facility,
     8  surety bond or other similar agreement.
     9    §  1262-k. MTA and MTA bridges and tunnels - right of state to require
    10  redemption of bonds. Notwithstanding and in addition to  any  provisions
    11  for  the  redemption of bonds (but not notes or other obligations) which
    12  may be contained in any contract with the owners of the bonds, the state
    13  may, upon furnishing sufficient funds therefor,  require  the  authority
    14  and  MTA  bridges  and tunnels to redeem, prior to maturity, as a whole,
    15  any issue of bonds on any interest payment date  not  less  than  twenty
    16  years  after the date of the bonds of such issue at one hundred five per
    17  centum of their face value and accrued interest or at such lower redemp-
    18  tion price as may be provided in the bonds in  case  of  the  redemption
    19  thereof  as  a  whole  on the redemption date. Notice of such redemption
    20  shall be published in at least two newspapers publishing and circulating
    21  respectively in the cities of Albany and New York at  least  twice,  the
    22  first  publication to be at least thirty days before the date of redemp-
    23  tion.
    24    § 1262-l. MTA and MTA bridges and tunnels - remedies of owners. 1.  In
    25  the event that the authority or MTA bridges and tunnels shall default in
    26  the  payment of principal of or interest on any issue of bonds, notes or
    27  other obligations after the same shall become due, whether  at  maturity
    28  or upon call for redemption, and such default shall continue for a peri-
    29  od of thirty days, or in the event that the authority or MTA bridges and
    30  tunnels shall fail or refuse to comply with the provisions of this title
    31  or  shall  default in any agreement made with the owners of any issue of
    32  bonds, notes or other obligations, the owners of twenty-five per  centum
    33  in aggregate principal amount of such issue then outstanding, by instru-
    34  ment  or  instruments  filed in the office of the clerk of any county in
    35  which the authority or MTA bridges  and  tunnels  operates  and  has  an
    36  office  and  proved  or  acknowledged in the same manner as a deed to be
    37  recorded, may appoint a trustee to represent the owners of  such  bonds,
    38  notes or other obligations for the purposes provided in this section.
    39    2.  Such  trustee may, and upon written request of the owners of twen-
    40  ty-five per centum in principal amount of such  bonds,  notes  or  other
    41  obligations then outstanding shall, in his or her or its own name:
    42    (a)  by  suit, action or proceeding in accordance with the civil prac-
    43  tice law and rules, enforce all rights  of  the  owners,  including  the
    44  right  to  require  the  authority or MTA bridges and tunnels to collect
    45  fares, tolls, rentals, rates, charges and other fees adequate  to  carry
    46  out  any  agreement  as  to,  or  pledge of, such fares, tolls, rentals,
    47  rates, charges and other fees and to require the authority or MTA bridg-
    48  es and tunnels to carry out any other agreements with the owners and  to
    49  perform its duties under this title;
    50    (b) bring suit upon such bonds, notes or other obligations;
    51    (c)  by  action  or  suit,  require  the  authority or MTA bridges and
    52  tunnels to account as if it were the trustee of an express trust for the
    53  owners;
    54    (d) by action or suit, enjoin any acts or things which may be unlawful
    55  or in violation of the rights of the owners; and
        S. 994                             50                            A. 1924
 
     1    (e) declare all such bonds, notes or other obligations due  and  paya-
     2  ble,  and  if all defaults shall be made good, then, with the consent of
     3  the owners of twenty-five per centum of the  principal  amount  of  such
     4  bonds, notes or other obligations then outstanding, to annul such decla-
     5  ration and its consequences.
     6    3.  Such  trustee  shall in addition to the foregoing have and possess
     7  all of the powers necessary or appropriate for the exercise of any func-
     8  tions specifically set forth in this section or incident to the  general
     9  representation  of  owners  in  the  enforcement and protection of their
    10  rights.
    11    4. The supreme court shall have jurisdiction of any  suit,  action  or
    12  proceeding  by  the  trustee on behalf of such owners.  The venue of any
    13  such suit, action or proceeding shall be laid in the county in which the
    14  instrument or instruments are filed in accordance with  subdivision  one
    15  of this section.
    16    5. Before declaring the principal of bonds, notes or other obligations
    17  due  and  payable,  the  trustee shall first give thirty days' notice in
    18  writing to the governor, to the authority or MTA  bridges  and  tunnels,
    19  whichever  is  in  default, to the state comptroller and to the attorney
    20  general of the state.
    21    § 1263. MTA agencies - actions against the agencies. 1.   As a  condi-
    22  tion to the consent of the state to such suits against the MTA agencies,
    23  in  every  action  against the MTA agencies for damages, for injuries to
    24  real or personal property,  or  for  the  destruction  thereof,  or  for
    25  personal  injuries  or  death, the complaint shall contain an allegation
    26  that at least thirty days have elapsed since the demand, claim or claims
    27  upon which such action is founded were presented to a member of each MTA
    28  agency against whom a claim is being made or  other  officer  designated
    29  for  such  purposes  and  that  the affected MTA agency has neglected or
    30  refused to make an adjustment or payment thereof.
    31    2. An action against an MTA agency founded on tort, except  an  action
    32  for  wrongful death, shall not be commenced more than one year after the
    33  cause of action therefore shall have accrued, nor  unless  a  notice  or
    34  claim  shall  have been served on the MTA agency within the time limited
    35  by, and in compliance with, all the requirements of section  fifty-e  of
    36  the general municipal law.  An action against an MTA agency for wrongful
    37  death shall be commenced in accordance with the notice of claim and time
    38  limitation provisions of title eleven of article nine of this chapter.
    39    3.  Service  of the notice of claim or the summons and complaint in an
    40  action upon any MTA agency shall not constitute service upon  any  other
    41  MTA agency.
    42    4. The MTA agency may require any person, presenting for settlement an
    43  account  or  claim  for any cause whatever against the MTA agency, to be
    44  sworn before a member, counsel or an attorney, officer  or  employee  of
    45  the  MTA  agency designated for such purpose, concerning such account of
    46  claim and when so sworn to answer orally as to  any  facts  relative  to
    47  such  account  or claim.   Each MTA agency shall have power to settle or
    48  adjust all claims in favor of or against it.
    49    5. Each MTA agency shall be liable, and shall assume the liability  to
    50  the  extent  that  it  shall save harmless any duly appointed officer or
    51  employee of the MTA agency,  for  the  negligence  of  such  officer  or
    52  employee, in the operation of a vehicle or other facility of transporta-
    53  tion  owned  or  otherwise under the jurisdiction and control of the MTA
    54  agency in the discharge of a duty imposed upon such officer or  employee
    55  at  the  time  of  the  accident, injury or damages complained of, while
        S. 994                             51                            A. 1924
 
     1  otherwise acting in the performance of his or her duties and within  the
     2  scope of his or her employment.
     3    6. Except as otherwise provided in this title, the rate of interest to
     4  be  paid  by  the  MTA agencies, or by their officers or employees whose
     5  liability has been assumed pursuant to subdivision five of this section,
     6  upon any judgment or accrued claim against the authority, or such  offi-
     7  cer or employee, shall not exceed four per centum per annum, except that
     8  such  interest  rate  shall be three per centum per annum in the case of
     9  MTA subways as provided in section twelve hundred seventy of this  title
    10  and  MTA  bus  as provided in section twelve hundred seventy-two of this
    11  title.
    12    7. Notwithstanding any other provision of law to the  contrary,  there
    13  shall  be  no right of recovery in an action for personal injury, injury
    14  to property or wrongful death against any of the MTA agencies when it is
    15  found that the claimant or decedent acted with wanton disregard for  his
    16  or  her  own  personal safety or well being. A court shall not apply the
    17  doctrine of last clear chance in connection with any action for  damages
    18  brought against the authority.
    19    §  1263-a.  MTA  agencies  - posting of security. 1. Each provision of
    20  statute or rule requiring a party to give security for  the  purpose  of
    21  procuring  an  order  of  arrest,  an  injunction order, or a warrant of
    22  attachment, or as a condition of obtaining any other relief,  or  taking
    23  any proceeding; or allowing the court or a judge to require such securi-
    24  ty to be given, is to be construed as excluding an action brought by any
    25  of  the  MTA  agencies; except where the security to be given in such an
    26  action is specially regulated by the provision in question.
    27    2. In any action in which any of the MTA agencies shall be excused  by
    28  statute  from  giving security on procuring an order of arrest, an order
    29  of injunction or a warrant of attachment, the MTA agency shall be liable
    30  for all damages that may be sustained by the opposite party by reason of
    31  such order of arrest, attachment or injunction, in the same case and  to
    32  the same extent as sureties to an undertaking would have been if such an
    33  undertaking had been given.
    34    3. Each of the MTA agencies shall be deemed an agency of the state for
    35  purposes  of  section  fifty-five hundred nineteen of the civil practice
    36  law and rules.
    37    § 1264. MTA - submission of strategic operation plan.  1. On or  prior
    38  to December thirty-first of each year, the authority shall submit to the
    39  governor  a strategic operation plan for the five-year period commencing
    40  January first of the following year.   One component  of  the  strategic
    41  operation  plan shall be for the subway services of MTA subways; another
    42  component shall be for the bus services of MTA bus; and the other compo-
    43  nent shall be for the commuter railroad services operated by  MTA  rail.
    44  The  strategic  operation  plan  may be amended as required but shall be
    45  updated at least annually. The plan  shall  include,  but  need  not  be
    46  limited to, the following:
    47    (a)  Long-range goals and objectives for the operation of services and
    48  facilities;
    49    (b) Planned service and performance standards for  each  year  of  the
    50  period  covered  by  the  plan;  including (i) standards for determining
    51  frequency of service at peak hours and off-peak hours, (ii) frequency of
    52  service at peak and off-peak hours based  on  the  application  of  such
    53  standards to the current period for each subway line, bus route or group
    54  of  bus routes, and commuter rail lines, divisions or branches as appro-
    55  priate, (iii) projected performance for each subway line, bus  route  or
    56  group  of  bus routes, and commuter rail lines, divisions or branches as
        S. 994                             52                            A. 1924
 
     1  appropriate as measured  by  reliability  indicators  commonly  utilized
     2  within  the  transit  industry, including such measures as mean distance
     3  between failures for subway cars, planned number of  vehicles  with  air
     4  conditioning and projected reliability of such equipment, planned stand-
     5  ards for cleanliness of the interior and exterior of subway cars, commu-
     6  ter  rail  cars,  buses,  and  passenger stations, and other appropriate
     7  measures of planned performance influencing the quality of services;
     8    (c) Level and structure of fares projected for each year of the period
     9  covered by the plan;
    10    (d) Estimated operating and capital resources anticipated to be avail-
    11  able from internal sources as well as from federal, state, regional  and
    12  local sources;
    13    (e) Estimated operating and capital costs to satisfy planned standards
    14  of performance and service;
    15    (f) Strategies to improve productivity; control cost growth; integrate
    16  and  coordinate  the  delivery  of services provided by the authority as
    17  well as other public and private transportation providers in the service
    18  area;
    19    (g) Specific allocation of operating and capital resources by mode and
    20  operation, including funds, personnel, and equipment;
    21    (h) Configuration by mode, operation and route of the services  to  be
    22  provided  and  the  facilities to be operated, identifying major planned
    23  changes in services and routes;
    24    (i) Identification of the operating and capital costs as  compared  to
    25  the revenues anticipated from system users for MTA subways, MTA rail and
    26  MTA bus; and
    27    (j)  An  analysis of the relationship between specific planned capital
    28  elements contained in approved capital program plans and the achievement
    29  of planned  service  and  performance  standards.  Such  analysis  shall
    30  include  the  relationship  of  specific planned capital elements to the
    31  achievement of such service and performance standards  for  each  subway
    32  line,  bus  route  or group of bus routes, or commuter rail lines, divi-
    33  sions or branches as appropriate.
    34    2. Each annual update of the plan shall include a status report summa-
    35  rizing the extent to which planned  service  and  performance  standards
    36  developed for the previous year were achieved, the causes of any failure
    37  to  achieve  projected standards of service, and corrective measures the
    38  authority intends to take to avoid non-achievement of  projected  stand-
    39  ards in the next upcoming year.
    40    3.  The  authority  shall  take  into consideration any petitions from
    41  local officials for  improved  services,  including  how  these  service
    42  improvements  relate  to the service and performance standards described
    43  in this section, and shall consult with appropriate local  officials  in
    44  its preparation and periodic updates to the operation plan.
    45    §  1264-a.  MTA  agencies  - annual audit. The state comptroller shall
    46  conduct an annual audit of the books and records of  the  MTA  agencies.
    47  Such audit shall include a complete and thorough examination of such MTA
    48  agency's receipts, disbursements, revenues and expenses during the prior
    49  fiscal  year in accordance with the categories or classifications estab-
    50  lished by such MTA agency for  its  own  operating  and  capital  outlay
    51  purposes;  assets  and  liabilities  at  the end of its last fiscal year
    52  including the status of reserve, depreciation, special  or  other  funds
    53  and  including  the  receipts  and  payments of these funds; schedule of
    54  bonds and notes outstanding at the end of  its  fiscal  year  and  their
    55  redemption  dates, together with a statement of the amounts redeemed and
    56  incurred during such fiscal year; operations, debt service  and  capital
        S. 994                             53                            A. 1924
 
     1  construction during the prior fiscal year. In place of conducting his or
     2  her  own  audit, the state comptroller may accept the annual audit of an
     3  independent auditor or firm of auditors, or any part thereof.
     4    The  state  comptroller,  upon  completion of such audit, shall within
     5  sixty days thereafter, report to the governor and the legislature his or
     6  her findings, conclusions and recommendations thereof.
     7    § 1264-b. MTA agencies - inspector general. 1. There is hereby created
     8  in the metropolitan transportation authority an office  of  metropolitan
     9  transportation authority inspector general.  The inspector general shall
    10  be  appointed by the governor with the advice and consent of the senate.
    11  The inspector general shall, prior to his or her appointment,  have  had
    12  at  least  ten  years  experience  in  the  management of transportation
    13  services, in auditing and investigation of governmental  operations,  or
    14  in services related to management and productivity improvement. The term
    15  of  office  of the inspector general shall be five years from the effec-
    16  tive date of appointment, and he shall serve  at  the  pleasure  of  the
    17  governor. The salary of the inspector general shall be determined by the
    18  authority board.
    19    2.  The  inspector  general  shall annually submit to the board of the
    20  metropolitan transportation authority a budget request for the operation
    21  of the office. If the board disapproves any portion of such request  and
    22  the  commissioner  of  transportation  determines such disapproval to be
    23  unreasonable, such commissioner shall withhold from  payments  due  such
    24  authority, the amount so determined to be unreasonable and transfer such
    25  amount  to  the  office  of  the  metropolitan  transportation authority
    26  inspector general.
    27    3. The inspector general shall have full and  unrestricted  access  to
    28  all  records,  information,  data, reports, plans, projections, matters,
    29  contracts, memoranda, correspondence and any other materials of the  MTA
    30  agencies, or within their custody or control.
    31    4. The inspector general, notwithstanding the provisions of the former
    32  title nine of this article and this title, and of the former title three
    33  of  article  three  of this chapter, shall have the following functions,
    34  powers and duties:
    35    (a) to receive and investigate complaints from any source or upon  his
    36  or  her  own  initiative  concerning  alleged abuses, frauds and service
    37  deficiencies including deficiencies in the maintenance and operation  of
    38  facilities, relating to the MTA agencies;
    39    (b)  to  initiate such reviews as he may deem appropriate of the oper-
    40  ations of the MTA agencies in order to identify areas in which  perform-
    41  ance might be improved and available funds used more effectively;
    42    (c)  to  recommend remedial actions to be taken by the MTA agencies to
    43  overcome or correct operating or maintenance  deficiencies  and  ineffi-
    44  ciencies that he determines to exist;
    45    (d)  to make available to appropriate law enforcement officials infor-
    46  mation and evidence which relate to criminal acts that he may obtain  in
    47  carrying out his or her duties;
    48    (e)  to  subpoena  witnesses,  administer  oaths or affirmations, take
    49  testimony and compel the production of such books, papers,  records  and
    50  documents  as he may deem to be relevant to any inquiry or investigation
    51  undertaken pursuant to this section and to delegate  such  powers  to  a
    52  duly authorized deputy inspector general;
    53    (f)  to  monitor the implementation by the MTA agencies of recommenda-
    54  tions made by the inspector general or other audit agencies; and
    55    (g) to do all things necessary to carry out the functions, powers  and
    56  duties set forth in this section.
        S. 994                             54                            A. 1924
 
     1    5.  The inspector general shall cooperate, consult and coordinate with
     2  the state public transportation safety board with regard to any activity
     3  concerning the operations of the metropolitan transportation  authority.
     4  With  respect  to  any  accident  on  the facilities of the metropolitan
     5  transportation  authority,  the primary responsibility for investigation
     6  shall be that of the board which  shall  share  its  findings  with  the
     7  metropolitan transportation authority inspector general.
     8    6.  The  inspector  general shall make annual public reports on his or
     9  her findings and recommendations. Such a report shall be  filed  in  the
    10  office  of  the governor and with the legislature on or before the first
    11  day of February of each year for the preceding year.  The  MTA  agencies
    12  shall  prepare  a response to the annual report and to any and all other
    13  final reports made by  the  inspector  general  within  thirty  days  of
    14  receipt,  which  time may be extended by the inspector general in his or
    15  her discretion, indicating whether such authority intends  to  implement
    16  the  recommendations in such reports, and, if not, why not. In addition,
    17  the MTA agencies shall give quarterly reports to the  inspector  general
    18  outlining  the status of each of the recommendations made by the inspec-
    19  tor general in his or her final reports. Copies of all of these  reports
    20  shall  be  sent  to the governor, the temporary president of the senate,
    21  the speaker of the assembly, the  chair  of  the  senate  transportation
    22  committee,  the  chair of the senate finance committee, the chair of the
    23  assembly corporations, authorities and  commissions  committee  and  the
    24  chair of the assembly ways and means committee.
    25    7.  To  effectuate the purposes of this section, the inspector general
    26  may request from any department, board, bureau,  commission,  office  or
    27  other agency of the state, or of any of its political subdivisions, such
    28  cooperation,  assistance, services and data as will enable him or her to
    29  carry out his or her functions, powers and duties  hereunder,  and  they
    30  are  authorized  and  directed  to provide said cooperation, assistance,
    31  services and data.
    32    § 1264-c. MTA - management advisory board. 1. There is hereby  created
    33  in  the  office  of  the metropolitan transportation authority inspector
    34  general a management advisory  board,  consisting  of  thirteen  members
    35  appointed  by  the  governor,  of whom two shall be appointed upon nomi-
    36  nation by the temporary president of the senate, two upon nomination  by
    37  the  speaker of the assembly, one upon nomination by the minority leader
    38  of the senate and one upon nomination by  the  minority  leader  of  the
    39  assembly.  All  members  shall  serve  for a term of three years, except
    40  that, of the two members first appointed upon nomination by  the  tempo-
    41  rary  president  of  the senate, one shall serve for a term of two years
    42  and one shall serve for a term of one year; of  the  two  members  first
    43  appointed  upon  nomination  by  the  speaker of the assembly, one shall
    44  serve for a term of two years and one shall serve  for  a  term  of  one
    45  year;  and, of four of the seven members first appointed by the governor
    46  without nomination by any other person, two shall each serve for a  term
    47  of two years and two shall each serve for a term of one year. One of the
    48  members  appointed  to  the  management  advisory  board directly by the
    49  governor shall be designated by the governor to serve as its chair.
    50    2. All members of the management advisory board shall be residents  of
    51  the  metropolitan  transportation  district,  and  shall be persons with
    52  substantial experience in the management of private enterprise,  in  the
    53  delivery of public services, or in labor or labor-management relations.
    54    3.  The management advisory board shall assist the metropolitan trans-
    55  portation authority inspector general in  identifying  ways  to  improve
    56  services, reduce costs and increase the efficiency of the MTA agencies.
        S. 994                             55                            A. 1924
 
     1    4.  No  later  than  April first of each year, the management advisory
     2  board shall submit to the governor and the legislature a report  on  its
     3  activities during the previous year.
     4    5.  The  office of the metropolitan transportation authority inspector
     5  general shall provide the management  advisory  board  with  such  staff
     6  support as may be required for the performance of its duties.
     7    6.  Members  of  the  management  advisory  board  shall serve without
     8  compensation, but shall be reimbursed for expenses  reasonably  incurred
     9  in the performance of their duties.
    10    § 1264-d. MTA - additional reports and audit requirements. 1. No later
    11  than  the  first  day of April each year beginning in two thousand four,
    12  the authority shall submit to the governor, the temporary  president  of
    13  the  senate,  the  speaker of the assembly, the mayor of the city of New
    14  York and the county executives of Nassau, Suffolk, Westchester,  Putnam,
    15  Dutchess,  Rockland  and  Orange  counties  a  report  setting forth the
    16  following information and statistics for the periods indicated  for  the
    17  authority,  MTA  rail, MTA subways, MTA bus and MTA bridges and tunnels:
    18  (a) relating to customers: (i) the actual number  of  customer  injuries
    19  including  deaths for the preceding five-year period by operating entity
    20  by year (for MTA bridges and tunnels the reported statistic shall be the
    21  number of vehicle collisions with injury or death, and for MTA  bus  the
    22  reported  statistic shall include customers and non-customers injured or
    23  killed in collisions); (ii) the rate of these customer injuries per  one
    24  million passengers for the preceding five-year period by operating enti-
    25  ty by year, including goals for the reporting year and current year (for
    26  MTA  bridges  and  tunnels the reported statistic shall be the number of
    27  vehicle collisions with injury or death per million vehicles); (iii) all
    28  operating entities, except MTA bridges and tunnels,  by  year,  (A)  the
    29  number of customer injuries per one million passengers for the preceding
    30  two  years  by  type of injury for the five most common injuries and (B)
    31  the number of customer slip, trip and  fall  injuries  per  one  million
    32  passengers  for  the preceding two years by type of slip, trip and fall;
    33  (iv) for MTA rail, the  reportable  grade  crossing  incidents  for  the
    34  preceding  five-year  period  by  operating  entity by year; (v) for MTA
    35  bridges and tunnels, the rate of vehicle collisions  with  injuries  per
    36  million  vehicles  by  facility;  and  (vi)  a  description of the major
    37  programs and other steps being taken by the  authority,  MTA  rail,  MTA
    38  subways, MTA bus and MTA bridges and tunnels to address customer safety;
    39  (b)  relating  to  employees: (i) the number of lost time and restricted
    40  duty injury cases, including fatalities,  for  the  preceding  five-year
    41  period  by  operating entity by year; (ii) the lost time plus restricted
    42  duty injury case rate, including fatalities, for the preceding five-year
    43  period by operating entity by year, including the goals for the  report-
    44  ing year and current year; (iii) the lost time plus restricted duty case
    45  rate  for  the  preceding two years by reporting entity by department or
    46  facility by year; (iv) the lost time plus restricted duty case rate  for
    47  the preceding two years by type of injury for the five most common inju-
    48  ries;  and (v) a description of the major programs and other steps being
    49  taken by the authority, MTA rail, MTA subways, MTA bus and  MTA  bridges
    50  and  tunnels  to address employee safety; and (c) crime information: (i)
    51  the number of major felonies for the preceding five years  by  operating
    52  entity  by  year by type reported to the extent such information is made
    53  available by law enforcement authorities in the  relevant  jurisdiction;
    54  and  (ii)  the  number  of  arrests,  fare evasions arrests, summons and
    55  ejections for the preceding five years by operating entity  by  year  to
        S. 994                             56                            A. 1924
 
     1  the extent such information is made available by law enforcement author-
     2  ities in the relevant jurisdictions.
     3    2.  Each of the authority, MTA rail, MTA subways, MTA bus, MTA capital
     4  construction and MTA bridges and tunnels shall take such action  as  may
     5  be  necessary  to  enable  a nationally recognized independent certified
     6  public accounting firm or consortium of firms, one of which at least  is
     7  a nationally recognized independent certified public accounting firm, to
     8  perform  an  annual audit in accordance with generally accepted auditing
     9  standards and to furnish to the board of such entity with the report  on
    10  such  audit  prepared  by such firm or consortium of firms, which report
    11  shall include an opinion as to whether the entity's financial statements
    12  have been prepared in  accordance  with  generally  accepted  accounting
    13  principles  and  shall  state whether the audit of such financial state-
    14  ments was made in accordance with generally accepted auditing  standards
    15  and  accordingly  included such tests of the accounting records and such
    16  other auditing procedures as were considered necessary under the circum-
    17  stances. Such report shall note the nature and extent of variations,  if
    18  any,  from  generally  accepted  accounting  principles reflected in the
    19  entity's financial statements. Each of  the  authority,  MTA  rail,  MTA
    20  subways,  MTA  bus, MTA capital construction and MTA bridges and tunnels
    21  shall make available for inspection and copying all books, records, work
    22  papers and other data and material as required  by  such  auditors,  and
    23  each such entity shall make its officers and employees available to, and
    24  shall  cooperate with such auditors so as to permit such annual audit to
    25  be completed and the report issued to the board  of  the  entity  within
    26  four months after the close of the entity's fiscal year.
    27    3.  On  or  before the first day of June of each year beginning in two
    28  thousand four, the authority shall submit to the governor, the temporary
    29  president of the senate, the speaker of the assembly, the mayor  of  the
    30  city of New York and the county executives of Nassau, Suffolk, Westches-
    31  ter,  Putnam,  Dutchess,  Rockland and Orange counties, an annual report
    32  for the previous fiscal year which includes the following: (a) a copy of
    33  a consolidated annual financial report for the authority and its subsid-
    34  iaries for the previous fiscal year meeting the standards set  forth  in
    35  subdivision  two of this section; (b) an overview of sources of revenues
    36  and categories of operating expenditures presented in both  dollars  and
    37  percentages;  (c)  a  report  on  the status of capital expenditures and
    38  capital projects for such fiscal year; (d) an estimate of the  following
    39  fiscal  year's revenues and expenditures as of the publication date; and
    40  (e) a chart of operating statistics for the authority and  each  of  its
    41  subsidiaries.
    42    § 1264-e. MTA - budget process. 1. Preliminary budgets and final budg-
    43  ets,  each  of  which  shall  present  a complete financial plan for the
    44  authority, MTA rail, MTA subways, MTA bus, MTA capital construction  and
    45  MTA  bridges  and  tunnels  for  the  ensuing fiscal year, setting forth
    46  proposed operating expenditures,  anticipated  revenues  and  any  other
    47  anticipated  sources  and  uses of fund, shall, each year, in accordance
    48  with the provisions of this chapter, be prepared and  submitted  to  the
    49  board  of  the  authority.  These budgets and the related financial plan
    50  shall not address capital funding and expenditures that are  subject  to
    51  the  provisions  of  sections  twelve  hundred sixty-one, twelve hundred
    52  sixty-one-a and twelve hundred sixty-one-b of this title.
    53    2. The fiscal year of the authority, MTA rail, MTA subways,  MTA  bus,
    54  MTA  capital  construction and MTA bridges and tunnels shall commence on
    55  the first day of January in each year and shall terminate at midnight on
    56  the ensuing thirty-first day of December.
        S. 994                             57                            A. 1924
 
     1    3. (a) Not later than the first day of May of each year  beginning  in
     2  two  thousand  five,  the auditor general of the authority shall issue a
     3  report to the chairman and the executive director detailing  the  actual
     4  revenues  for each of the authority, MTA rail, MTA subways, MTA bus, MTA
     5  capital construction and MTA bridges and tunnels for the previous fiscal
     6  year.
     7    (b)  Not later than the thirty first day of May of each year beginning
     8  in two thousand five, the executive director and the officer responsible
     9  for authority finances shall issue a report comparing actual revenues to
    10  estimated revenues in the budgets as adopted by the authority, MTA rail,
    11  MTA subways, MTA bus, MTA  capital  construction  and  MTA  bridges  and
    12  tunnels  for the previous fiscal year, accompanied by a detailed listing
    13  and an explanation of any variances in excess  of  one  percent  of  the
    14  category  of  revenues  between  actual revenues and estimated revenues.
    15  This report shall be  electronically  posted  at  a  location  generally
    16  available to the public and mailed to the governor, the temporary presi-
    17  dent  of  the senate, the speaker of the assembly, the mayor of the city
    18  of New York and the county executives of Nassau,  Suffolk,  Westchester,
    19  Putnam, Dutchess, Rockland and Orange counties.
    20    4.  Not later than the thirty-first day of July of each year beginning
    21  in two thousand five, preliminary budgets for the authority,  MTA  rail,
    22  MTA  subways,  MTA  bus,  MTA  capital  construction and MTA bridges and
    23  tunnels shall be submitted to the board of the authority, the  governor,
    24  the  temporary president of the senate, the speaker of the assembly, the
    25  mayor of the city of New York  and  the  county  executives  of  Nassau,
    26  Suffolk,  Westchester,  Putnam,  Dutchess, Rockland and Orange counties,
    27  together with an update of the financial plan previously submitted which
    28  includes the next year and three  years  thereafter.  These  preliminary
    29  budgets  and  updated financial plan shall also be electronically posted
    30  at a location generally available to the public.
    31    5. Not later than the thirty first day of August of each  year  begin-
    32  ning in two thousand five, each of the officials that received a copy of
    33  the preliminary budgets pursuant to subdivision four of this section may
    34  submit  to  the  authority  a  statement containing an assessment of the
    35  preliminary budgets and any comments or recommendations in regard to the
    36  preliminary budgets. In preparation of  this  statement,  the  officials
    37  that received a copy of the preliminary budgets pursuant to this section
    38  may  conduct  one  or more public hearings on the preliminary budgets to
    39  obtain the views and recommendations  of  affected  communities  on  the
    40  proposals contained in the preliminary budgets.
    41    6. Not later than the thirtieth day of November of each year beginning
    42  in  two thousand five, (a) proposed final budgets for the authority, MTA
    43  rail, MTA subways, MTA bus, MTA capital construction and MTA bridges and
    44  tunnels for the ensuing fiscal year, and (b) a four year financial  plan
    45  shall  be  submitted  to  the  board of the authority, the governor, the
    46  temporary president of the senate, the  speaker  of  the  assembly,  the
    47  mayor  of  the  city  of  New  York and the county executives of Nassau,
    48  Suffolk, Westchester, Putnam, Dutchess, Rockland  and  Orange  counties.
    49  Copies of such proposed final budgets and financial plan shall be print-
    50  ed forthwith and electronically posted at a location generally available
    51  to the public.
    52    7.  The  four year financial plan shall include the following: (a) for
    53  all existing programs, forecasts of expenditures for the ensuing  fiscal
    54  year  and the succeeding three fiscal years; (b) forecasts of revenue by
    55  source from existing sources of revenue for the ensuing fiscal year  and
    56  the  succeeding  three  fiscal  years;  and  (c)  for  each major new or
        S. 994                             58                            A. 1924
 
     1  expanded program, an indication of when such program is projected to  be
     2  fully  implemented and a forecast of the annual recurring costs for such
     3  program or program expansion after it is fully implemented. In the event
     4  that such financial plan assumes major changes in the existing levels of
     5  service,  such  plan  shall  show the expenditures for both the existing
     6  levels of service and the assumed  levels  of  service  and  provide  an
     7  explanation of such changes.
     8    8.  The  authority  shall  solicit public comment on the final budgets
     9  either as a body or by its finance or other committees in September. The
    10  executive director,  the  officer  responsible  for  authority  finances
    11  and/or their designees shall be in attendance at any such meeting.
    12    9.  The  officials  identified  in subdivision six of this section may
    13  submit to the board of the authority comments on the final  budgets  for
    14  the  authority, MTA rail, MTA subways, MTA bus, MTA capital construction
    15  and MTA bridges and tunnels, which comments shall be  submitted  to  the
    16  board.
    17    10.  The  board  of  the  authority  shall consider the public comment
    18  received pursuant to subdivision eight of this section and the recommen-
    19  dations submitted pursuant to subdivision nine of  this  section  before
    20  adopting final budgets and may make such changes to the final budgets as
    21  it  deems  necessary and prudent. Not later than the thirty-first day of
    22  December of each year beginning in two thousand five,  the  board  shall
    23  adopt  budgets  for  the authority and its subsidiaries for the upcoming
    24  fiscal year. The budgets when adopted by the board shall  become  effec-
    25  tive immediately.
    26    11.  Not  later than ninety days following adoption of the final budg-
    27  ets, the authority shall issue an update of the four-year financial plan
    28  submitted pursuant to subdivision seven of this section.
    29    § 1264-f. MTA - certain lobbying activities. The authority shall adopt
    30  guidelines to ensure that bid and proposal  documents  received  by  the
    31  authority,  MTA rail, MTA subways, MTA bus, MTA capital construction and
    32  MTA bridges and tunnels for all purchase contracts for supplies, materi-
    33  als or equipment involving an estimated expenditure in excess of fifteen
    34  thousand dollars and all contracts for public work  involving  an  esti-
    35  mated  expenditure in excess of twenty-five thousand dollars be required
    36  to include the name, address and  telephone  number  of  any  person  or
    37  organization  retained,  employed  or  designated by or on behalf of the
    38  bidder or proposer to attempt to influence any determination made  by  a
    39  member, officer or employee of the authority, MTA rail, MTA subways, MTA
    40  bus,  MTA  capital construction or MTA bridges and tunnels, and that any
    41  such bid and proposal documents be supplemented  to  include  the  name,
    42  address and telephone number of any persons or organizations subsequent-
    43  ly  retained,  employed  or  designated by or on behalf of the bidder or
    44  proposer, with respect to: (a) the solicitation, award or administration
    45  of the subject contract; or (b) the preparation of  contract  specifica-
    46  tions.  For  purposes  of  this  subdivision, bid and proposal documents
    47  shall not be required to include the names of  persons  who  communicate
    48  with or appear before contracting officers or employees of such entities
    49  in the regular course of procurement planning, contract development, the
    50  contractor  selection  process, the administration of a contract, or the
    51  audit of a contract, when such communications or appearances are made by
    52  such contractors or prospective contractors personally, or through:  (i)
    53  such  officers  and employees of the contractors or prospective contrac-
    54  tors who are charged with  the  performance  of  functions  relating  to
    55  contracts;  (ii) subcontractors or prospective subcontractors who are or
    56  will be engaged in the  delivery  of  goods,  services  or  construction
        S. 994                             59                            A. 1924
 
     1  pursuant  to  the contract of such officers and employees of the subcon-
     2  tractor or prospective subcontractor who are charged with  the  perform-
     3  ance  of  functions  related  to contracts, or (iii) persons who provide
     4  technical  or  professional  services  on  behalf  of  such  contractor,
     5  prospective contractor, subcontractor or prospective subcontractor.  For
     6  purposes  of  paragraph (iii), (A) "technical services" shall be limited
     7  to advice and analysis directly applying any engineering, scientific  or
     8  other similar technical discipline; (B) "professional services" shall be
     9  limited  to  advice and analysis directly applying any legal, accounting
    10  or other similar professional discipline in connection with the  follow-
    11  ing elements of the procurement process only: dispute resolution, vendor
    12  protests,  responsiveness  and  responsibility  determinations, determi-
    13  nations of  prequalification,  suspensions,  debarments,  objections  to
    14  registration  pursuant to this chapter, contract interpretation, negoti-
    15  ation of contract terms after the award of  a  contract,  defaults,  the
    16  termination  of  contracts  and audit of contracts; and (C) "contracting
    17  officers or employees" shall not include elected officials  or  deputies
    18  of elected officials or any person not duly authorized to enter into and
    19  administer contracts and make determinations with respect thereto.
    20    §  1265.  MTA  bridges  and  tunnels  -  creation.  1. There is hereby
    21  created, as a subsidiary of the authority, a body corporate and  politic
    22  constituting  a  public  benefit corporation to be known as "MTA Bridges
    23  and Tunnels Company".
    24    2. MTA bridges and tunnels, the corporation created by subdivision one
    25  of this section, and Triborough Bridge and Tunnel Authority, the  corpo-
    26  ration  created by chapter eight hundred seventy of the laws of nineteen
    27  hundred thirty-nine, as amended, are hereby consolidated into  a  single
    28  corporation,  which shall be a continuance of the corporate existence of
    29  the corporation and authority so consolidated.
    30    3. In this section the words "original authority" refers to Triborough
    31  Bridge and Tunnel Authority which is consolidated pursuant  to  subdivi-
    32  sion  two  of  this  section  before  its  consolidation,  and the words
    33  "consolidated corporation" refer to  the  single  corporation  resulting
    34  from consolidation.
    35    4.  The  board  of  MTA  bridges and tunnels shall be the board of the
    36  authority and all powers of the consolidated corporation shall be vested
    37  in and exercised by said board.
    38    5. All property, rights and powers of the original authority are here-
    39  by vested in and shall be exercised  by  the  consolidated  corporation,
    40  subject,  however, to all pledges, covenants, agreements and trusts made
    41  or created by the original authority.
    42    6. All debts, liabilities, obligations, agreements  and  covenants  of
    43  the  original  authority are hereby imposed upon the consolidated corpo-
    44  ration.
    45    7. All bondholders and other creditors of the original  authority  and
    46  persons  having  claims against or contracts with the original authority
    47  of any kind or character may enforce such debts,  claims  and  contracts
    48  against  the  consolidated  corporation in the same manner as they might
    49  have against the original authority, and the rights and remedies of such
    50  bondholders, creditors and persons having claims or contracts shall  not
    51  be limited or restricted in any manner by this title.
    52    8.  In  continuing the functions and carrying out the contracts, obli-
    53  gations and duties of the original authority,  the  consolidated  corpo-
    54  ration is hereby authorized to act in its own name or in the name of the
    55  original authority as may be necessary, convenient or desirable.
        S. 994                             60                            A. 1924
 
     1    9.  All  employees of the original authority shall become employees of
     2  the consolidated corporation. Nothing in this  title  shall  affect  the
     3  civil  service  status  of  such  employees or their rights, privileges,
     4  obligations or status with respect to any pension or retirement system.
     5    10.  Such corporation and its corporate existence shall continue until
     6  all its liabilities have been met and its bonds, notes and  other  obli-
     7  gations  have  been paid in full or such liabilities or bonds, notes and
     8  other obligations have otherwise been discharged, including bonds, notes
     9  or other obligations issued by the authority or other MTA agencies  that
    10  are  payable in whole or in part by revenues of MTA bridges and tunnels.
    11  When all liabilities incurred by MTA bridges and tunnels of  every  kind
    12  and  character  have  been  met and all its bonds, notes and other obli-
    13  gations have been paid in full, including bonds, notes  or  other  obli-
    14  gations  issued by the authority that are payable in whole or in part by
    15  revenues of MTA bridges and tunnels, or such liabilities or bonds, notes
    16  or other obligations have otherwise  been  discharged,  all  rights  and
    17  properties of MTA bridges and tunnels shall pass to and be vested in the
    18  city,  except  those  rights  and  properties held by it relating to the
    19  convention center which shall pass to and be vested in  the  state.  MTA
    20  bridges  and tunnels shall retain full jurisdiction and control over all
    21  its MTA bridges and tunnels projects, with the right and duty to  charge
    22  tolls  and collect revenues therefrom, for the benefit of the holders of
    23  any of its bonds, notes or other obligations or other liabilities.  Upon
    24  MTA  bridges  and tunnels' ceasing to exist all its remaining rights and
    25  properties shall pass to the city, except those  rights  and  properties
    26  held  by  it  relating  to the convention center which shall pass to the
    27  state.
    28    11. MTA bridges and tunnels shall be deemed and held to  constitute  a
    29  continuation,  as  to matters within its jurisdiction, of the department
    30  of plant and structures of the city for the purpose of succession to all
    31  such of the rights, powers, duties and obligations of the  city  and  of
    32  the  department  of  plant  and  structures of the city as relate to the
    33  designing and construction of the MTA bridges and tunnels project.
    34    § 1265-a. MTA bridges and tunnels - additional powers.  In addition to
    35  the powers granted to the authority  as  set  forth  in  section  twelve
    36  hundred  sixty-e,  subdivisions  seven,  eight  and seventeen of section
    37  twelve hundred sixty-f, section twelve hundred sixty-l,  section  twelve
    38  hundred  sixty-two-h  and  twelve hundred sixty-two-i of this title that
    39  are hereby made applicable to MTA bridges and tunnels, as  well  as  the
    40  powers  specifically applicable elsewhere in this title, MTA bridges and
    41  tunnels shall have power:
    42    1. To issue bonds, notes and other obligations for the MTA bridges and
    43  tunnels project or for any purpose that the authority is  authorized  to
    44  issue  bonds,  notes,  and  other  obligations, under the same terms and
    45  conditions as the authority, except that the issuance of bonds, notes or
    46  other obligations of MTA bridges and tunnels need not be approved by the
    47  state comptroller;
    48    2. To acquire, in the name of the city, by  purchase  or  condemnation
    49  real  property  or  rights or easements therein necessary, convenient or
    50  desirable for its corporate purposes, and, except as  may  otherwise  be
    51  provided  in  this  section,  to  use  the same so long as its corporate
    52  existence shall continue;
    53    3. Whenever any real property is determined by MTA bridges and tunnels
    54  to be unnecessary for its corporate purpose;
    55    (a) to surrender such real property to the city for other  public  use
    56  or purpose of such city, or
        S. 994                             61                            A. 1924
 
     1    (b)  to sell and convey or lease on behalf of such city any real prop-
     2  erty acquired by the city at the expense of MTA bridges and tunnels. The
     3  proceeds of any such sale or lease shall be  paid  to  MTA  bridges  and
     4  tunnels and applied to its corporate purposes;
     5    4.  Subject  to  agreements  with bondholders, to make rules and regu-
     6  lations for the regulation of the use of the  MTA  bridges  and  tunnels
     7  project   and   the  establishment  and  collection  of  tolls  thereon.
     8  Violations of such rules and regulations shall be a misdemeanor punisha-
     9  ble by a fine of not exceeding fifty dollars or by imprisonment for  not
    10  longer  than  thirty days, or both, except that violation of any rule or
    11  regulation governing or regulating traffic on MTA  bridges  and  tunnels
    12  project  shall  be  a  traffic  infraction as the same is defined in the
    13  vehicle and traffic law and shall be punishable as such;
    14    5. With the consent of the city to use agents, employees  and  facili-
    15  ties  of  the  city, paying its proper proportion of the compensation or
    16  cost, including the use of the corporation counsel as legal adviser;
    17    6. To appoint officers, agents and employees  and  fix  their  compen-
    18  sation; subject, however, to the provisions of the civil service law, as
    19  provided in this section;
    20    7.  Notwithstanding  any inconsistent provision of law, the bridge and
    21  tunnel officers employed by MTA bridges and tunnels shall have the power
    22  to issue simplified traffic  informations  for  traffic  infractions  as
    23  defined  in  section  one  hundred fifty-five of the vehicle and traffic
    24  law, committed on the sites owned, operated and maintained by MTA bridg-
    25  es and tunnels, such informations to be  administered  pursuant  to  the
    26  provisions of the administrative code of the city of New York or article
    27  two-A of the vehicle and traffic law, as applicable;
    28    8.  To  acquire,  design,  construct,  maintain,  operate, improve and
    29  reconstruct, so long as its  corporate  existence  shall  continue,  the
    30  following MTA bridges and tunnels projects,
    31    (a)  a bridge heretofore constructed, known as Triborough bridge, over
    32  the East river from the borough of Queens to the boroughs  of  Manhattan
    33  and  the  Bronx,  over  and across Ward's island and Randall's island in
    34  said river, together with such  incidental  bridges  and  structures  as
    35  shall be necessary, convenient or desirable in order to give access from
    36  the  bridge  to  both  of said islands, together with approaches to said
    37  bridges (herein collectively  referred  to  as  the  "Triborough  bridge
    38  project"); and
    39    (b) a bridge heretofore constructed, known as Bronx-Whitestone bridge,
    40  over the East river from a point at or near Whitestone in the borough of
    41  Queens  to  the  borough  of the Bronx, together with approaches to such
    42  bridge (herein  collectively  referred  to  as  the  "Whitestone  bridge
    43  project");
    44    (c)  a  bridge  heretofore  constructed, known as Henry Hudson bridge,
    45  across the Harlem river ship canal  together  with  approaches  to  such
    46  bridge  and  together  with so much of the parkway known as Henry Hudson
    47  parkway as extends southerly from said bridge through Inwood  Hill  park
    48  to  the  northerly  end  of  Riverside  drive,  (as  it  was  before the
    49  construction of said parkway) (herein collectively referred  to  as  the
    50  "Henry Hudson bridge project");
    51    (d)  a  bridge heretofore constructed, known as Marine parkway bridge,
    52  to be known hereafter as the Marine parkway-Gil Hodges memorial  bridge,
    53  from  the borough of Brooklyn across the waters of Rockaway inlet in the
    54  borough of Queens, together with the approaches to such  bridge  (herein
    55  collectively referred to as the "Marine parkway bridge project");
        S. 994                             62                            A. 1924
 
     1    (e) a bridge heretofore constructed known as Cross Bay parkway bridge,
     2  to  be  known  hereafter as the Cross Bay Veterans Memorial bridge, from
     3  Big Egg marsh in Jamaica bay in the borough of Queens across the  waters
     4  of  Beach  channel  to Rockaway peninsula in said borough, together with
     5  the  parkway known as Cross Bay parkway, of which said bridge is a part,
     6  from and including the toll plaza north of said bridge southerly to  the
     7  right  of  way  of  MTA  Rail on Rockaway peninsula (herein collectively
     8  referred to as the "Cross Bay parkway bridge project");
     9    (f) a vehicular tunnel or tunnels  heretofore  constructed,  known  as
    10  Queens  Midtown tunnel, under the East river from the borough of Manhat-
    11  tan to the borough of Queens, together with such incidental bridges  and
    12  tunnels;
    13    (g)  a  vehicular  tunnel  or tunnels heretofore constructed, known as
    14  Brooklyn Battery tunnel, under the East river from the southerly end  of
    15  the  borough  of Manhattan to the general vicinity of Hamilton avenue in
    16  the borough of Brooklyn, together with such incidental tunnels and  such
    17  other  structures,  appurtenances, facilities and approaches as shall be
    18  necessary, convenient or desirable;
    19    (h) a bridge, heretofore constructed, known as  the  Verrazano-Narrows
    20  bridge, under or across New York bay from the borough of Richmond to the
    21  borough  of Brooklyn, together with such incidental tunnels, bridges and
    22  such other structures, appurtenances, facilities and approaches as shall
    23  be necessary, convenient or desirable;
    24    (i) bus stations or terminals or automobile parking garages at  or  in
    25  the  vicinity of the Manhattan plazas of the Queens Midtown and Brooklyn
    26  Battery tunnels. Any such project may, subject to  zoning  restrictions,
    27  include  space  and  facilities  for any or all of the following: public
    28  recreation, business, trade and other exhibitions, sporting and athletic
    29  events, public meetings, conventions and all kinds of  assemblages,  and
    30  in  order  to obtain additional revenues, space and facilities for busi-
    31  ness and commercial purposes. Whenever MTA bridges and tunnels deems  it
    32  to be in the public interest, MTA bridges and tunnels may lease any such
    33  project  or any part or parts thereof or contract for the management and
    34  operation thereof or of any part or parts thereof.   Any such  lease  or
    35  contract  may  be for a period of not exceeding thirty years, or, if any
    36  of the revenues therefrom are or are to be pledged to secure bonds  then
    37  such  lease  or contract may be for a period extending not later by more
    38  than one year than the last maturity of such bonds;
    39    (j) a bridge, known as the Throgs Neck bridge, across the  East  river
    40  between  the  boroughs of the Bronx and Queens, east of the Bronx-White-
    41  stone bridge, together with such incidental  bridges  and  other  struc-
    42  tures,  appurtenances,  facilities and approaches as shall be necessary,
    43  convenient or desirable;
    44    (k) subject to section twelve hundred sixty-five-b of  this  title,  a
    45  convention  and  exhibition  center,  including  facilities ancillary or
    46  functionally related thereto, built in New York  county  at  a  location
    47  generally  bounded by thirty-ninth street on the north, thirtieth street
    48  on the south, eleventh avenue on the east and twelfth avenue on the west
    49  (herein referred to as the convention center);
    50    (l) in MTA bridges and tunnels'  discretion  and  subject  to  and  in
    51  accordance with all contract provisions with respect to any bonds, notes
    52  or  other  obligations and the rights of the holders of bonds, notes and
    53  other obligations (i) the planning  for  and  the  design,  acquisition,
    54  construction, improvement, reconstruction or rehabilitation, in the name
    55  of  MTA bridges and tunnels, of any capital asset, whether in the nature
    56  of personal or real property (or any interest therein) which is used  or
        S. 994                             63                            A. 1924
 
     1  useful  for  a  transportation  purpose  other than a marine or aviation
     2  purpose (and in the case of such assets then owned, operated by or under
     3  lease to an MTA agency, the receipt by MTA bridges and  tunnels  of  the
     4  use,  occupancy, control or possession of such assets for the purpose of
     5  planning, designing, constructing, improving, reconstructing or rehabil-
     6  itating the same) and the transfer or transfer back of such asset to the
     7  MTA agency or other designee for a nominal consideration upon its acqui-
     8  sition or upon the completion of such improvement, construction,  recon-
     9  struction  or  rehabilitation;  or, alternatively or in combination with
    10  the foregoing, (ii) the making of capital grants to the  requesting  MTA
    11  agency  to permit it to undertake and to finance or refinance such plan-
    12  ning, design, acquisition, improvement, construction, reconstruction  or
    13  rehabilitation,  or, alternatively or in combination with the foregoing,
    14  (iii) the financing or refinancing of all or any part of  the  costs  to
    15  MTA  bridges  and  tunnels  or  to any other person or entity, public or
    16  private, of such planning, design, acquisition,  construction,  improve-
    17  ment, reconstruction or rehabilitation of any such capital asset through
    18  or accompanied by a sale, lease or other transfer of the asset to, by or
    19  through such person or entity or through or accompanied by a sale, lease
    20  or  transfer  of  the  asset to any entity, public or private, upon such
    21  terms and conditions as may be acceptable to MTA  bridges  and  tunnels.
    22  MTA  bridges  and tunnels shall have no obligation to operate or, except
    23  as may otherwise be provided in any lease to which it may be a party  as
    24  aforesaid,  repair  or maintain any capital asset after its acquisition,
    25  construction, improvement, reconstruction or rehabilitation  and  subse-
    26  quent  transfer, lease or sublease, nor shall it be liable to the trans-
    27  feree, lessee or  sublessee  by  reason  of  any  warranty,  express  or
    28  implied,  in  respect  thereof.  Warranties furnished in connection with
    29  such acquisition, improvement, construction, reconstruction or rehabili-
    30  tation shall be assignable and assigned as directed by  the  MTA  agency
    31  and  approved  by  MTA  bridges and tunnels. The word "approaches" shall
    32  include all structures necessary, convenient or desirable to give access
    33  to the project from connecting streets and roads;
    34    9. In MTA bridges and tunnels' discretion:
    35    (a) in the case of the Triborough bridge project  and  the  Whitestone
    36  bridge  project  to pay to the city not exceeding thirty-five per centum
    37  of the cost (including awards for damages and expenses) of the  acquisi-
    38  tion  of  land  for the widening of existing roads, streets, parkways or
    39  avenues and for new roads, streets, parkways or avenues, connecting with
    40  the approaches;
    41    (b) to purchase from the persons, partnerships, associations or corpo-
    42  rations who were the owners of any land acquired  for  the  widening  of
    43  existing  roads, streets, parkways or avenues or for new roads, streets,
    44  parkways or avenues connecting with the approaches or of any interest in
    45  such land at the date title to such land was vested in the city  in  any
    46  proceeding heretofore or hereafter instituted for the acquisition there-
    47  of by condemnation, or from their successors in interest or legal repre-
    48  sentatives,  their  right,  title,  interest  and/or claim in and to the
    49  award or awards or any part thereof to be made in such proceeding  after
    50  the  date  of  such  purchase,  and to take an assignment thereof to MTA
    51  bridges and tunnels, provided, however, that in the case of the  Tribor-
    52  ough  bridge  project  and  the  Whitestone bridge project the aggregate
    53  amount expended by MTA bridges  and  tunnels  on  account  of  all  such
    54  purchases together with the aggregate amount paid to the city in accord-
    55  ance  with  paragraph  (a) of this subdivision, shall not exceed thirty-
    56  five per centum of the cost (including awards for damages and  expenses)
        S. 994                             64                            A. 1924
 
     1  of  the acquisition of land for the widening of existing roads, streets,
     2  parkways or avenues, and for new roads, streets,  parkways  or  avenues,
     3  connecting with the approaches; and
     4    (c)  with  the  consent  of  the city to construct and develop for the
     5  purpose of public parks so much of the area of  lands,  selected  as  in
     6  this title provided, or otherwise acquired or to be acquired and used in
     7  connection  with  the  project  and with new or existing roads, streets,
     8  parkways or avenues connecting with such projects, and so  much  of  the
     9  area  of  lands now owned by the city to be used in connection with such
    10  projects or with new or existing roads,  streets,  parkways  or  avenues
    11  connecting  with such projects, as shall be agreed upon under a contract
    12  or contracts hereby authorized to be entered into  between  MTA  bridges
    13  and tunnels and the city, at the sole expense of MTA bridges and tunnels
    14  and  done under construction contracts let and supervised by MTA bridges
    15  and tunnels, pursuant to plans and specifications prepared by MTA bridg-
    16  es and tunnels, the commissioner of parks and recreation of the city  or
    17  other  agency.  The  city shall maintain such connecting roads, streets,
    18  parkways and avenues as provided by law. The public parks and the  park-
    19  ways  referred to in this subdivision as connecting with the approaches,
    20  any part of the cost of which is paid by MTA bridges and tunnels,  shall
    21  be  under  the jurisdiction of the department of parks and recreation of
    22  the city and shall be  maintained  by  that  department.  Service  roads
    23  appurtenant to said parkways shall be under the jurisdiction of the city
    24  commissioner of transportation and shall be maintained by him or her;
    25    10.  To  design  and  with  the  consent of the city, to construct new
    26  parks, parkways or highways or improvements to existing parks,  parkways
    27  or highways either connecting directly or indirectly with the project or
    28  for  the  purpose  of  attracting  or  facilitating traffic or improving
    29  approaches to and connections with the MTA bridges and tunnels  project.
    30  MTA  bridges  and tunnels shall have no jurisdiction or control over any
    31  new parks, parkways or  highways  constructed  by  it  pursuant  to  the
    32  provisions  of this subdivision after the completion of the construction
    33  thereof. The general powers conferred in this subdivision shall  include
    34  the  power  heretofore conferred on the parkway authority to construct a
    35  northerly extension of Cross Bay parkway in the borough  of  Queens,  as
    36  authorized in section five hundred fifty-three of this chapter, and such
    37  general powers shall not be construed to be limited by the provisions of
    38  this act granting the power to construct any particular improvement, but
    39  shall  be  construed  as  an  extension of the powers of MTA bridges and
    40  tunnels;
    41    11. (a) To charge tolls, fees or rentals for the use of the MTA bridg-
    42  es and tunnels project, subject to and in accordance with such agreement
    43  with bondholders as may be made as provided  in  this  subdivision.  The
    44  toll  rates  charged  for the use of either the Triborough or Whitestone
    45  bridge project shall, however, never be less than the toll rates charged
    46  for the use of the other, and this clause shall be deemed an  obligation
    47  to  the  holders  of any and all bonds at any time issued secured by the
    48  revenues of said MTA bridges and tunnels projects. Subject to  contracts
    49  with  bondholders,  all  tolls  and  other revenues derived from any MTA
    50  bridges and tunnels project shall be applied to the payment  of  operat-
    51  ing,  administration  and  other  necessary  expenses of MTA bridges and
    52  tunnels properly chargeable to such MTA bridges and tunnels project  and
    53  thereafter  to  the  payment  of  interest  or principal of bonds or for
    54  making  sinking  fund  payments  for  bonds,  not  otherwise  adequately
    55  provided  for,  whether  issued  in connection with such MTA bridges and
    56  tunnels project or any other project. It is the  intention  hereof  that
        S. 994                             65                            A. 1924
 
     1  surplus  funds  from any MTA bridges and tunnels project remaining after
     2  providing for the payment of all  operating,  administration  and  other
     3  necessary   expenses  of  MTA  bridges  and  tunnels  and  all  contract
     4  provisions  with  respect  to any bonds, may be used to meet obligations
     5  incurred for other  transportation  projects  and  if  not  so  used  or
     6  reserved  for such use shall be transferred to the authority. Subject to
     7  contracts with bondholders, MTA bridges and tunnels  may  treat  one  or
     8  more  MTA bridges and tunnels projects as a single enterprise in respect
     9  of revenues, expenses, the issuance of bonds, maintenance, operation  or
    10  other purposes.
    11    (b)  Fare  media for residents of the county of Richmond shall entitle
    12  the purchaser to  crossings  over  the  Verrazano-Narrows  bridge  at  a
    13  reduced  cost  of eighty per centum of the regular crossing fare imposed
    14  on nonresidents of the county of Richmond. In the event MTA bridges  and
    15  tunnels  shall  impose  a  surcharge in addition to the regular toll for
    16  crossings over the Verrazano-Narrows bridge, such surcharge shall not be
    17  deemed a part of the regular crossing fare for purposes of this subdivi-
    18  sion. Application for such fare media shall be made in  such  manner  as
    19  prescribed by MTA bridges and tunnels and shall contain such information
    20  as MTA bridges and tunnels may reasonably require.
    21    (c)  Fare media for residents of Broad Channel and the Rockaway penin-
    22  sula shall entitle the purchaser to crossings over the Cross-Bay  Veter-
    23  ans'  Memorial bridge and the Marine Parkway bridge at a reduced cost of
    24  sixty-six and two-thirds per centum of the regular crossing fare imposed
    25  on nonresidents of Broad Channel and  the  Rockaway  peninsula.  In  the
    26  event  MTA  bridges  and tunnels shall impose a surcharge in addition to
    27  the regular toll for crossings over  the  Cross-Bay  Veterans'  Memorial
    28  bridge and the Marine Parkway bridge, such surcharge shall not be deemed
    29  a  part  of  the regular crossing fare for purposes of this subdivision.
    30  Application for such  fare  media  shall  be  made  in  such  manner  as
    31  prescribed by MTA bridges and tunnels and shall contain such information
    32  as MTA bridges and tunnels may reasonably require.
    33    12. To construct and maintain over, under, along or across the project
    34  telephone,  telegraph,  or  electric  wires and cables, gas mains, water
    35  mains and other mechanical equipment not inconsistent with the appropri-
    36  ate use of the project, to contract for such construction and  to  lease
    37  the  right  to  construct and/or use the same on such terms and for such
    38  considerations as it shall determine;
    39    13. To construct and maintain facilities for the  public,  not  incon-
    40  sistent  with the use of the project, to contract for such construction,
    41  and to lease the right to construct and/or use such facilities  on  such
    42  terms and for such considerations as it shall determine;
    43    14.  To  enter  on  any lands, waters, and premises for the purpose of
    44  making surveys, soundings and examinations;
    45    15. With the  consent  of  the  city  and  notwithstanding  any  other
    46  provision  of  law,  whenever  real  property  having dwellings or other
    47  structures thereon has been acquired by MTA bridges and tunnels  or  the
    48  city  for  the  purpose  of  constructing any project authorized by this
    49  title, (a) to acquire real property by purchase, gift, devise or condem-
    50  nation in the manner provided in this title, and as  the  agent  of  the
    51  city,  for the purpose of providing new sites on which such dwellings or
    52  other structures may be relocated; (b) to sell such dwellings  or  other
    53  structures  or to provide for the removal, relocation and improvement of
    54  such dwellings or other structures on new foundations at such new  sites
    55  by  contract  or  by its own labor force or by a combination of methods;
    56  (c) to contract for the installation of water, sewer, gas and electrical
        S. 994                             66                            A. 1924
 
     1  facilities and other necessary appurtenances required for the completion
     2  and restoration of such dwellings or other structures; (d) to  landscape
     3  such  new sites; (e) to contract with any person, firm or corporation or
     4  with  the  city  for the improvement or installation of streets, sewers,
     5  water lines or other facilities in connection  with  the  relocation  of
     6  such  dwellings  or other structures and to pay the cost thereof; (f) to
     7  contract with the several owners of such property for the conveyance  of
     8  the  new  sites with improvements thereon to such owner in settlement in
     9  part or in whole of the compensation and damage to which they are  enti-
    10  tled;  and  (g)  to  sell  such sites with or without dwellings or other
    11  structures and improvements thereon.
    12    MTA bridges  and  tunnels  may  agree  with  the  owners  of  property
    13  acquired, in settlement in part or in whole of the damages to which they
    14  are  entitled,  to  compensate such owners for the cost of acquiring new
    15  sites, removing dwellings thereto on new foundations,  the  installation
    16  of  water,  sewer,  gas  and  electrical  facilities and other necessary
    17  appurtenances required for the complete restoration of such dwellings or
    18  other structures and landscaping of the new site.
    19    For the purposes of this subdivision, the term "structures" shall mean
    20  and include buildings used as and for hospitals, schools, community  and
    21  religious institutions, cultural and recreational and other neighborhood
    22  and community facilities, but shall exclude retail stores, factories and
    23  commercial and industrial establishments of any kind.
    24    16.  To  do all things necessary, convenient or desirable to carry out
    25  the powers expressly given in this title and  to  assist  and  cooperate
    26  with  the authority to carry out the powers of the authority in further-
    27  ance of the purposes and powers of MTA bridges and tunnels  as  provided
    28  in   this  article,  including,  without  limitation,  the  transactions
    29  described in sections twelve hundred sixty-e,  twelve  hundred  sixty-f,
    30  twelve  hundred  sixty-l,  twelve hundred sixty-two-h and twelve hundred
    31  sixty-two-i of this title.
    32    17. A copy of any report submitted by MTA bridges and tunnels pursuant
    33  to sections twenty-eight hundred, twenty-eight hundred one  and  twenty-
    34  eight  hundred  two of this chapter shall be submitted contemporaneously
    35  to the mayor.
    36    18. To acquire in its own name certain real or personal  property,  or
    37  any  interest therein, including leasehold interests, air and subsurface
    38  rights, easements and lands under water at a site located  in  New  York
    39  county  and generally bounded by thirty-third street on the north, thir-
    40  tieth street on the south, tenth avenue on the east and eleventh  avenue
    41  on  the  west,  such property or any interest therein to be acquired for
    42  railroad or other corporate purposes, and in  the  event  such  real  or
    43  personal  property  or any interest therein is determined by MTA bridges
    44  and tunnels to be unnecessary for railroad or other corporate  purposes,
    45  to  sell, convey or lease in its own name such real or personal property
    46  or any interest therein.
    47    19. In addition to the powers contained elsewhere in this  title  with
    48  respect to the projects authorized by paragraph (l) of subdivision eight
    49  of  this  section,  and  subject  to the application of the revenues and
    50  other monies and assets of MTA bridges and tunnels pursuant  to  section
    51  twelve  hundred  sixty-two-i  of this title, MTA bridges and tunnels may
    52  issue its bonds, notes and other obligations to  finance  such  projects
    53  payable  from  and  secured by all or any part of the monies received by
    54  MTA bridges and tunnels from the metropolitan  transportation  authority
    55  special  assistance fund established under section twelve hundred sixty-
    56  two-a of this title, provided however, that such bonds, notes and  other
        S. 994                             67                            A. 1924
 
     1  obligations  may  also  be payable from and secured by any other monies,
     2  securities and funds designated  by  MTA  bridges  and  tunnels  or  the
     3  authority  as  additional  security therefor. Such bonds, notes or other
     4  obligations  shall  be  issued in the manner provided in sections twelve
     5  hundred sixty-two-h and twelve hundred sixty-two-i of this title.
     6    § 1265-b. MTA bridges and tunnels - additional powers  and  provisions
     7  in  relation  to  convention  center.  1.  In relation to the convention
     8  center and for the purpose of effectuating the development of the  same,
     9  MTA  bridges and tunnels shall have power, in its discretion and subject
    10  to and in accordance with all contract provisions with  respect  to  any
    11  bonds and the rights of the holders of bonds, to:
    12    (a) Finance all or any part of the costs of and incidental to studies,
    13  the  site acquisition, planning, design, construction and development of
    14  the convention center, through the issuance of its negotiable  notes  or
    15  bonds or other obligations;
    16    (b)  Lease  in its own name the convention center from a subsidiary of
    17  the New York state urban  development  corporation  as  "subsidiary"  is
    18  defined  in  the  New York state urban development corporation act (such
    19  subsidiary being herein referred to as the development corporation)  for
    20  studies,  site  acquisition, planning, design, construction and develop-
    21  ment of the convention center, and sublease its interest therein to  the
    22  state (acting by and through the commissioner of general services), each
    23  of  such  lease and sublease to be upon such terms and conditions as the
    24  parties thereto shall agree, provided that  (i)  such  lease  shall  (A)
    25  provide for an initial lump-sum rental in the amount of the aggregate of
    26  those  costs  of  and incidental to the studies, site acquisition, plan-
    27  ning, design, construction and  development  of  the  convention  center
    28  theretofore  temporarily  financed by the state and for a nominal rental
    29  thereafter, (B) provide to the lessee the option to purchase for a nomi-
    30  nal price the leased property in its  own  name  at  the  expiration  or
    31  earlier termination of the term of the lease, and (C) relieve the devel-
    32  opment  corporation  of  any  obligation to operate, repair, maintain or
    33  reconstruct the convention center, and  (ii)  such  sublease  shall  (A)
    34  provide  for  rental  payments  equal  to  the amount needed to pay debt
    35  service on said notes, bonds or other obligations as  the  same  becomes
    36  due,  (B)  provide that the obligations of the state to make such rental
    37  payments shall not constitute a debt of the state within the meaning  of
    38  any  constitutional or statutory provision and shall be deemed executory
    39  only to the extent of monies made available to the state,  and  that  no
    40  liability  on  account thereof shall be incurred by the state beyond the
    41  monies available for the purpose thereof, (C) provide to  the  sublessee
    42  the  option  to purchase for a nominal price any interest of MTA bridges
    43  and tunnels in the subleased  property  at  the  expiration  or  earlier
    44  termination of the term of the sublease, and (D) relieve MTA bridges and
    45  tunnels  of  any  obligation to operate, repair, maintain or reconstruct
    46  the convention center;
    47    (c) Agree with the development corporation (in the lease  referred  to
    48  in  paragraph  (b) of this subdivision or by separate agreement) to make
    49  payments to the development corporation from the proceeds of the sale of
    50  the obligations referred to in paragraph (a) of  this  subdivision  upon
    51  requisition  therefor  by  the  development corporation, in an aggregate
    52  amount equal to the costs of and incidental to the studies, site  acqui-
    53  sition, planning, design, construction and development of the convention
    54  center  less  the amount theretofore paid to the development corporation
    55  as rentals under the lease referred to in paragraph (b) of this subdivi-
    56  sion; and
        S. 994                             68                            A. 1924
 
     1    (d)  Additionally  participate  in  the  site  acquisition,  planning,
     2  design,  construction  and  development of the convention center through
     3  representation on the board of directors of the development corporation.
     4    2.  Bonds,  notes or other obligations issued for the purposes enumer-
     5  ated in paragraph (a) of subdivision one of this section shall be issued
     6  in the manner provided in section twelve  hundred  sixty-two-h  of  this
     7  title, subject only to the following limitations:
     8    (a) The aggregate principal amount of such bonds, notes or other obli-
     9  gations  shall  not  exceed  three  hundred seventy-five million dollars
    10  ($375,000,000), excluding bonds, notes or other  obligations  issued  to
    11  refund  or otherwise repay bonds, notes or other obligations theretofore
    12  issued for such purposes; provided, however, that upon any such  refund-
    13  ing  or  repayment  the  total aggregate principal amount of outstanding
    14  bonds, notes or other obligations may  be  greater  than  three  hundred
    15  seventy-five million dollars ($375,000,000) only if the present value of
    16  the aggregate debt service of the refunding or repayment bonds, notes or
    17  other obligations to be issued shall not exceed the present value of the
    18  aggregate debt service of the bonds, notes or other obligations so to be
    19  refunded  or  repaid. For purposes of this paragraph, the present values
    20  of the aggregate debt service of the refunding or repayment bonds, notes
    21  or other obligations and of the aggregate debt  service  of  the  bonds,
    22  notes or other obligations so refunded or repaid, shall be calculated by
    23  utilizing  the  effective  interest  rate  of the refunding or repayment
    24  bonds, notes or other obligations, which shall be that rate  arrived  at
    25  by  doubling  the  semi-annual  interest rate (compounded semi-annually)
    26  necessary to discount the debt service  payments  on  the  refunding  or
    27  repayment bonds, notes or other obligations from the payment dates ther-
    28  eof  to  the date of issue of the refunding or repayment bonds, notes or
    29  other obligations and to  the  price  bid  including  estimated  accrued
    30  interest or proceeds received by MTA bridges and tunnels including esti-
    31  mated accrued interest from the sale thereof; and
    32    (b)  Bonds issued for such purposes may be issued as a single issue or
    33  in series from time to time provided that (i) such issue  or  each  such
    34  series  shall be scheduled to mature over a term of not less than twenty
    35  and not more than forty years, (ii) with respect to bonds  issued  prior
    36  to  the date of completion of the convention center, as estimated by MTA
    37  bridges and tunnels, any principal payments or principal installments to
    38  be made or provided for shall commence not later than two years  follow-
    39  ing  the  estimated date of such completion, (iii) with respect to bonds
    40  issued on or after the date of completion of the convention  center,  as
    41  certified  by MTA bridges and tunnels, and principal payments or princi-
    42  pal installments to be made or provided for  shall  commence  not  later
    43  than  one  year  following the date of issue of such bonds, and (iv) the
    44  aggregate amount of principal and interest or principal installments and
    45  interest payable in each year during which such  principal  payments  or
    46  installments  are  made  or provided for shall, (A) with respect to such
    47  issue, or (B) with respect to each such series or the aggregate  of  all
    48  such  series, as MTA bridges and tunnels shall elect, be as nearly equal
    49  as practicable.
    50    3. MTA bridges and tunnels shall have power to enter into  such  other
    51  agreements  with  the city, the state, the New York state urban develop-
    52  ment corporation and  the  development  corporation  to  effectuate  the
    53  provisions of this title, and to perform any act or thing, transfer such
    54  rights  or interests and execute and deliver such instruments, documents
    55  or papers as it may deem necessary, convenient or desirable to carry out
    56  any of the foregoing. The powers conferred in this section shall  be  in
        S. 994                             69                            A. 1924
 
     1  addition  to and not in limitation of the other powers conferred in this
     2  title.
     3    § 1265-c. MTA bridges and tunnels - construction contracts. MTA bridg-
     4  es  and  tunnels  shall  do  all  construction pursuant to a contract or
     5  contracts in the manner, so far as practicable, provided in the New York
     6  city charter for contracts of such city except that where the  estimated
     7  expense  of  a  contract  does  not  exceed  fifty thousand dollars such
     8  contract may be entered into without  public  letting,  but  failure  to
     9  comply with this section shall not invalidate such contracts.
    10    § 1265-d. MTA bridges and tunnels - additional agreements of the state
    11  with  owners  of  bonds,  notes and other obligations. 1. The state does
    12  pledge to and agree with the owners of  bonds,  notes  and  other  obli-
    13  gations that the state will not limit or alter the rights vested by this
    14  title  in  MTA  bridges and tunnels to maintain, reconstruct and operate
    15  the MTA bridges and tunnels  project,  to  establish  and  collect  such
    16  charges  and  tolls  as  may  be  necessary,  convenient or desirable to
    17  produce sufficient revenue to meet the expense of maintenance and opera-
    18  tion and to fulfill the terms of any agreements made with the owners  of
    19  the  bonds,  notes and other obligations or in any way impair the rights
    20  and remedies of the owners, until  the  bonds,  notes  and  other  obli-
    21  gations,  together  with  interest  thereon, with interest on any unpaid
    22  installments of interest, and all costs and expenses in connection  with
    23  any  action  or proceedings by or on behalf of the owners, are fully met
    24  and discharged.
    25    2. The state of New York does covenant and agree with  the  owners  of
    26  any  bonds, notes and other obligations that no tunnel, bridge, parkway,
    27  causeway, street, road, highway or other connection for vehicular  traf-
    28  fic (other than one of the MTA bridges and tunnels projects), which will
    29  be  competitive  with  the  Triborough  bridge project or the Whitestone
    30  bridge project or the Throgs Neck bridge project or the  Marine  parkway
    31  bridge  project  or  the  Cross  Bay  parkway  bridge  project  will  be
    32  constructed or maintained until the bonds, notes and other  obligations,
    33  together  with  interest thereon, interest on any unpaid installments of
    34  interest, and all costs and expenses in connection with  any  action  or
    35  proceedings by or on behalf of the owners, are fully met and discharged;
    36  provided that a tunnel, bridge, parkway, causeway, street, road, highway
    37  or other connection for vehicular traffic shall be considered as compet-
    38  itive with the Triborough bridge project or Whitestone bridge project or
    39  the  Throgs  Neck  bridge project only if it shall form a connection for
    40  vehicular traffic over, under, or across the  East  river  north  of  an
    41  extension  to the east of the center line of Seventy-third street in the
    42  borough of Manhattan, and shall be considered as  competitive  with  the
    43  Marine  parkway  bridge project or Cross Bay parkway bridge project only
    44  if such tunnel, bridge, parkway,  causeway,  street,  road,  highway  or
    45  other  connection  for  vehicular  traffic  shall  form a connection for
    46  vehicular traffic with Rockaway peninsula across any part of the  waters
    47  of  Jamaica  bay or Rockaway inlet west of seventy-three degrees, forty-
    48  six minutes of west longitude. The covenant contained in  this  subdivi-
    49  sion  restricting  competitive  traffic  connections with any project or
    50  projects shall be only for the benefit of the owners of bonds, notes and
    51  other obligations secured in whole or in  part  by  the  pledge  of  the
    52  revenues of such project or projects.
    53    3.  The  state  does pledge to and agree with the owners of any bonds,
    54  notes and other obligations that no tunnel, bridge,  parkway,  causeway,
    55  street,  road,  highway or other connection for vehicular traffic, which
    56  will be competitive with the  Queens  Midtown  tunnel  or  the  Brooklyn
        S. 994                             70                            A. 1924
 
     1  Battery  tunnel  or  the  Verrazano-Narrows  bridge will be constructed;
     2  provided that a tunnel, bridge, parkway, causeway, street, road, highway
     3  or other connection for vehicular traffic shall be considered as compet-
     4  itive if it shall form a connection for vehicular traffic over, under or
     5  across  the  East  river south of the Queensboro bridge, or, if it shall
     6  form a connection for vehicular traffic between the boroughs of  Manhat-
     7  tan, Brooklyn or Richmond over, under or across New York bay. The coven-
     8  ant  contained  in  this  subdivision  restricting  competitive  traffic
     9  connections with any project or projects shall be only for  the  benefit
    10  of  the owners of bonds, notes and other obligations secured in whole or
    11  in part by the pledge of the revenues of such project  or  projects  and
    12  subject  to  and in accordance with all contract provisions with respect
    13  to any outstanding bonds, notes and other obligations and the rights  of
    14  the  owners  of  such  bonds,  notes and other obligations, the covenant
    15  contained in this  subdivision  shall  not  be  deemed  to  prevent  the
    16  construction of any bridge or tunnel exclusively for railway rapid tran-
    17  sit purposes.
    18    §  1265-e.  MTA  bridges  and tunnels - protection of owners of bonds,
    19  notes and other obligations. Nothing contained in this  title  shall  be
    20  deemed  to  limit  or alter in any way the rights and obligations of MTA
    21  bridges and tunnels to establish and collect such tolls,  fees,  rentals
    22  and  other charges as may be necessary or required to produce sufficient
    23  revenues to meet  and  to  fulfill  the  terms  and  provisions  of  the
    24  contracts  made with the owners of bonds, notes and other obligations or
    25  in any way impair the constitutional rights of the owners of the  bonds,
    26  notes and other obligations.
    27    §  1266.  MTA bridges and tunnels - transportation projects. 1. In its
    28  performance of any project authorized by paragraph  (l)  of  subdivision
    29  eight of section twelve hundred sixty-five-a of this title (each of such
    30  projects  being  referred  to  in  this  section  as  a  "transportation
    31  project"), MTA bridges and tunnels shall have no obligation  to  operate
    32  or,  except as may otherwise be provided in any lease to which it may be
    33  a party as provided in this section, repair or maintain any  transporta-
    34  tion  project  or part thereof subsequent to its completion nor shall it
    35  be liable to the transferee,  lessee  or  sublessee  by  reason  of  any
    36  warranty,  express  or implied, in respect thereof. Warranties furnished
    37  in connection with such transportation project shall be  assignable  and
    38  assigned as directed by MTA bridges and tunnels.
    39    2.  In  connection  with  any  transportation project, and in order to
    40  effectuate the purposes of this section, MTA bridges and tunnels  shall,
    41  subject  to  the  provisions  of  this  section,  have all of the powers
    42  provided elsewhere in this title, and,  in  addition,  MTA  bridges  and
    43  tunnels may:
    44    (a)  issue its bonds, notes or other obligations to finance all or any
    45  part of the costs of the project;
    46    (b) finance all or any part of the costs to the MTA agencies or to any
    47  other person or entity, public or private, of such project  through,  or
    48  accompanied  by,  a sale, lease or other transfer of such project or any
    49  part thereof to, by or through such  person  or  entity  or  through  or
    50  accompanied  by  a  sale,  lease  or  transfer  to any entity, public or
    51  private, upon such terms and conditions as  may  be  acceptable  to  MTA
    52  bridges and tunnels;
    53    (c)  issue  its  bonds, notes or other obligations to defease the lien
    54  of, refund, redeem or otherwise repay any outstanding  bonds,  notes  or
    55  other  obligations  of  the  MTA  agencies  which in the judgment of MTA
        S. 994                             71                            A. 1924
 
     1  bridges and tunnels would otherwise delay, impede or prevent its financ-
     2  ing a transportation project;
     3    (d)  notwithstanding and in addition to any provisions for the redemp-
     4  tion of such bonds or notes which may be contained in any contract  with
     5  the  owners  thereof,  the  city  may,  upon furnishing sufficient funds
     6  therefor, require MTA bridges and tunnels to redeem as a whole any issue
     7  of such bonds or notes at the time or times and at the place  or  places
     8  and  in  accordance  with  the  terms upon which such bonds or notes are
     9  redeemable;
    10    (e) accept from the MTA agency or its subsidiary  or  from  the  city,
    11  acting by its mayor alone, or from any other entity, a transfer of title
    12  to  or the use, occupancy, control or possession of any real or personal
    13  property (or any interest therein) needed or useful for or in connection
    14  with any transportation project;
    15    (f) obtain security for the payment by the MTA agency or  its  subsid-
    16  iary of its bonds, notes or other obligations, including a pledge of all
    17  or any part of any of their revenues, which pledge may contain covenants
    18  with  respect to the charging and fixing of fares, fees and rentals, the
    19  use and disposition of such fares, fees, rentals and other revenues, and
    20  the setting aside of reserves therefrom;
    21    (g) with the consent of the MTA agency or its  designated  subsidiary,
    22  use, with or without compensation, its agents, employees and facilities;
    23  and
    24    (h)  apply  for,  accept,  enter  into  contracts  for, administer and
    25  disburse any federal, state or local aid or assistance, subject  to  the
    26  terms  and  conditions  thereof,  which  may be available for any subway
    27  project or city bus project.
    28    3. All of the provisions of  this  title  not  inconsistent  with  the
    29  provisions  of  this  section  shall  be  applicable with respect to any
    30  bonds, notes or other obligations of MTA bridges and tunnels  issued  or
    31  entered  into  to  finance any transportation project, or to defease the
    32  lien of, refund or otherwise repay outstanding  bonds,  notes  or  other
    33  obligations of MTA bridges and tunnels.
    34    4. Neither the provisions of section one hundred ninety-seven-c of the
    35  New  York city charter, relating to a uniform land use review procedure,
    36  nor the provisions of any other local law of the city of like or similar
    37  tenor or import shall apply (a) to the acquisition of any real  property
    38  (or any interest therein) for the purposes of any transportation project
    39  located  within  the  city;  (b)  to the subsequent transfer of any real
    40  property (or interest therein) so acquired to any  MTA  agency  for  the
    41  purposes  of  any  such project or to the transfer to the MTA agency for
    42  such purposes of any real property (or interest therein) then  owned  by
    43  the  city  or  by  another MTA agency; nor (c) to the transfer to an MTA
    44  agency for such purposes of the right  of  use,  occupancy,  control  or
    45  possession of any real property (or interest therein), whether presently
    46  owned  or  hereafter  acquired  by  the  city  or by another MTA agency;
    47  provided in each such case,  however,  that  if  at  the  time  of  such
    48  proposed  acquisition or transfer the real property which is the subject
    49  of such acquisition or transfer is not then being utilized for a subway,
    50  omnibus or transportation purpose or is not an insubstantial addition to
    51  such property contiguous thereto; the MTA agency proposing to acquire or
    52  receive such property shall, unless a submission with  respect  to  such
    53  property  has  previously  been  made  and  approved as herein provided,
    54  submit to the community board for the community district in  which  such
    55  property is located, data with respect to the proposed use of such prop-
    56  erty and to the design of any facility proposed to be constructed there-
        S. 994                             72                            A. 1924
 
     1  on;  such  community board shall inform the city council, with copies to
     2  the city planning commission of the city, of its views  and  recommenda-
     3  tions  with  respect  thereto within forty-five days of such submission,
     4  and  if  the  community  board  shall fail to so inform the city council
     5  within such period it shall be deemed to have recommended the  proposal;
     6  and  the city council shall, within the earlier of forty-five days after
     7  the community board's  recommendation,  or  forty-five  days  after  the
     8  community  board's  time to recommend has expired, approve or disapprove
     9  such acquisition or transfer, and if the city council shall fail to  act
    10  within  such  forty-five day period, it shall be deemed to have approved
    11  the same.
    12    5. In its performance of any transportation project, MTA  bridges  and
    13  tunnels  shall not be deemed the agent or instrumentality of any munici-
    14  pal corporation or any other MTA agency notwithstanding  the  fact  that
    15  title  to  any real or personal property (or any interest therein) which
    16  is the subject of or is a part of  such  project  is  held  by  or  upon
    17  completion of such project is to be transferred to such other entity.
    18    6.  MTA  bridges and tunnels, in addition to the powers provided else-
    19  where in this title, shall possess all of the powers, rights and  privi-
    20  leges   of  the  MTA  agencies  and  their  designated  subsidiaries  in
    21  connection with the undertaking by MTA bridges and tunnels of any trans-
    22  portation project. MTA bridges and tunnels, upon suitable notice to  and
    23  an  offer  to consult with an officer designated by the city, may occupy
    24  the streets of the city for the purpose of doing any work over or  under
    25  the  same  in  connection  with  any  transportation project without the
    26  consent of or payment to such city.
    27    7. Except as may otherwise be provided in any lease or other  contrac-
    28  tual  arrangement to which MTA bridges and tunnels is a party, after the
    29  transfer, transfer back, lease or sublease  by  an  MTA  agency  or  its
    30  designee  of  any  transportation  project  or part thereof, actions for
    31  damages for injuries to real or personal property or for the destruction
    32  thereof, or for personal injuries or death, based upon the  use,  condi-
    33  tion  or  state  of  such  project or part thereof may not be instituted
    34  against MTA bridges and  tunnels,  which  shall  have  no  liability  or
    35  responsibility  to  the  transferee,  lessee  or  sublessee  or to third
    36  parties therefor.
    37    8. Except as MTA bridges and tunnels shall otherwise agree,  title  to
    38  any transportation project or any part thereof or interest therein which
    39  shall have been transferred, leased or subleased to an MTA agency, shall
    40  remain  in  such  transferee,  lessee  or sublessee any provision of the
    41  former title nine of this article or of any  lease  or  other  agreement
    42  entered  into  under  the  provisions  of  this  article to the contrary
    43  notwithstanding.
    44    9. The providing of any transportation project shall not  relieve  the
    45  city  of its obligations under law and by lease to pay the capital costs
    46  of MTA subway and MTA bus and their subsidiaries.
    47    10. No transportation project to be constructed or operated upon  real
    48  property  theretofore used for a subway, omnibus or other transportation
    49  purpose, or on an insubstantial addition  to  such  property  contiguous
    50  thereto, which will not change in a material respect the general charac-
    51  ter of such prior use, nor any acts or activities by the MTA agencies or
    52  any  state or local governmental entity in connection with such project,
    53  shall be subject to the provisions of article eight,  nineteen,  twenty-
    54  four  or  twenty-five  of  the environmental conservation law, or to any
    55  local law or ordinance adopted pursuant to any such article.  Nor  shall
    56  any transportation project or any acts or activities in connection ther-
        S. 994                             73                            A. 1924
 
     1  ewith taken by the MTA agencies or by any other person or entity, public
     2  or  private,  pursuant  to  this section be subject to the provisions of
     3  article eight of the environmental conservation  law  if  such  project,
     4  acts  or  activities  require  the  preparation  of a statement under or
     5  pursuant to any federal law or regulation as to the environmental impact
     6  thereof.
     7    11. The provisions of this section and of all agreements undertaken by
     8  MTA agencies in accordance therewith shall in all respects be subject to
     9  the rights of the owners of any outstanding bonds, notes and other obli-
    10  gations of such MTA agency.
    11    12. In connection with the negotiation, award  and  implementation  of
    12  contracts  of  MTA bridges and tunnels relating to any project hereafter
    13  initiated pursuant to paragraph (l)  of  subdivision  eight  of  section
    14  twelve  hundred  sixty-five-a  of  this title, the provisions of section
    15  twelve hundred sixty-k of this title shall  apply  to  MTA  bridges  and
    16  tunnels.
    17    §  1266-a.  MTA  bridges  and tunnels - lands, easements and rights in
    18  land. 1. Lands in fee simple, easements and rights  in  land,  including
    19  the  right to cut off light, air and access (any and all of which are in
    20  this section referred to as "lands") shall be acquired  as  provided  in
    21  this  section  for the MTA bridges and tunnels project and other author-
    22  ized purposes.
    23    2. MTA bridges and tunnels may acquire lands for said project  in  the
    24  name  of  the city at the cost and expense of MTA bridges and tunnels by
    25  purchase or condemnation pursuant to the condemnation law.  MTA  bridges
    26  and  tunnels  shall  have the use and occupancy of such lands so long as
    27  its corporate existence shall continue.
    28    3. The city may, by order of the mayor, or by deed authorized  by  the
    29  mayor, convey, with or without consideration, to MTA bridges and tunnels
    30  for  the  MTA  bridges and tunnels project the use and occupancy, for so
    31  long as its corporate existence shall continue, of any lands then  owned
    32  by  the city including lands which, by any other law, are inalienable by
    33  the city, and such conveyance may reserve to the  city  such  rights  as
    34  shall  not  restrict MTA bridges and tunnels in the construction, recon-
    35  struction, operation and maintenance of  the  MTA  bridges  and  tunnels
    36  project.
    37    4.  The city may acquire lands in the name of the city for the project
    38  or for the widening of existing roads,  streets,  parkways,  avenues  or
    39  elevated  highways  or  for  new  roads,  streets,  parkways, avenues or
    40  elevated highways connecting with  said  project,  or  partly  for  such
    41  purposes and partly for other city purposes, by purchase or condemnation
    42  in  the  manner provided by law for the acquisition of land by the city.
    43  Contracts may be entered into between  the  city  and  MTA  bridges  and
    44  tunnels providing for the lands to be acquired by the city, and the part
    45  or  proportion  of  the  cost  and expense to be paid by MTA bridges and
    46  tunnels, the balance to be paid by the city, and terms and conditions of
    47  payment to be made by MTA bridges and tunnels. Such contracts  may  also
    48  determine  the  improvements  and construction to be done by MTA bridges
    49  and tunnels. Such roads, streets, parkways, avenues and  elevated  high-
    50  ways  connecting  with  the  project  shall be operated, maintained, and
    51  reconstructed by the city, and except for the original construction  and
    52  improvement  thereof  by  MTA  bridges  and tunnels, the city shall have
    53  exclusive jurisdiction over them.
    54    5. The mayor may authorize a contract between the city and MTA bridges
    55  and tunnels and no other authorization on the part of the city for  such
    56  a  contract  shall  be necessary. Any such contract may be so authorized
        S. 994                             74                            A. 1924
 
     1  and entered into by the city and the payments required to be made by the
     2  city may be made and financed notwithstanding that no provision therefor
     3  shall have first been made in  the  capital  budget  of  the  city.  All
     4  contractual  or  other  obligations of the city incurred in carrying out
     5  the provisions of this title shall be included in and  provided  for  by
     6  such capital budget of the city thereafter made, to the extent that they
     7  may appropriately be included therein.
     8    §  1266-b.  MTA  bridges and tunnels - restrictions on signs and bill-
     9  boards. 1. No outdoor advertising sign or device  which  refers  to  any
    10  subject other than the business actually conducted on the premises or to
    11  sale  or rental of such premises and no such outdoor advertising sign or
    12  device exceeding ten feet in height above the sidewalk adjacent  to  the
    13  property  on  which  such  sign  or device is located, shall be erected,
    14  reconstructed, painted, or repainted, after any applicable  date  speci-
    15  fied  by MTA bridges and tunnels, within five hundred feet of the White-
    16  stone bridge project, the Throgs Neck bridge project, the Narrows bridge
    17  project or the Brooklyn-Battery tunnel project  or  the  approaches  and
    18  connections of such projects, if within view thereof.
    19    2.  A  violation  of  any  of  the  provisions  of this section may be
    20  restrained at the suit of MTA bridges and tunnels.
    21    § 1266-c. MTA bridges and tunnels - transfer of officers  and  employ-
    22  ees.  1.  Officers and employees of any board or department in or of the
    23  city may be transferred to MTA bridges and tunnels, and shall be  eligi-
    24  ble for such transfer and appointment without examination to offices and
    25  positions  under MTA bridges and tunnels. Notwithstanding the provisions
    26  of this title, the officers and employees of the city, who  are  members
    27  or  beneficiaries  of  any  existing pension or retirement system, shall
    28  continue to have the rights, privileges,  obligations  and  status  with
    29  respect to such system or systems, as are now prescribed by law; and all
    30  such  employees,  who have been appointed to positions in the service of
    31  the city under the rules and  classifications  of  the  municipal  civil
    32  service commission shall have the same status with respect thereto after
    33  transfer  to  MTA  bridges  and tunnels as they had under their original
    34  appointments. Any person appointed by MTA bridges and tunnels under  the
    35  rules  and  classifications of the municipal civil service commission of
    36  the city, originally or by  transfer  or  otherwise,  including  persons
    37  employed or eligible for appointment under the board of education of the
    38  city  or  of  any agency of any kind whatsoever subject to the rules and
    39  classifications of the municipal civil service commission of  the  city,
    40  shall  have and shall continue to have all the rights, privileges, obli-
    41  gations and status with respect to such pension or  retirement  systems,
    42  including  not  only the right to admission therein, but continuance and
    43  reinstatement therein, to the same extent and in like manner  as  though
    44  he  had  been appointed, transferred or restored to the civil service of
    45  the city, the board of education or any other agency of any kind whatso-
    46  ever subject to the rules and classifications  of  the  municipal  civil
    47  service  commission  of  the  city. The appointment and promotion of all
    48  employees of MTA bridges and tunnels shall be made  in  accordance  with
    49  the  provisions  of  the civil service law under the jurisdiction of the
    50  municipal civil service commission of the city.
    51    2. Notwithstanding any inconsistent  provision  of  this  section,  no
    52  person  shall  be  eligible  for  original  appointment to a position of
    53  bridge and tunnel officer with MTA  bridges  and  tunnels,  unless  such
    54  person  has  earned  a  high  school  diploma recognized as valid by the
    55  department of education.
        S. 994                             75                            A. 1924
 
     1    § 1266-d. MTA  bridges  and  tunnels  -  fire  training.  All  persons
     2  appointed  to  the position of bridge and tunnel officer and maintenance
     3  division employees of MTA bridges and tunnels on or after the  effective
     4  date  of this section shall participate in a training course of at least
     5  twenty-eight  hours  on  the subject of fire prevention and control. The
     6  training courses shall be conducted by the Fire Academy of the New  York
     7  city fire department.  Such academy shall also administer any retraining
     8  or  refresher  courses attended by personnel of MTA bridges and tunnels.
     9  Any costs incurred by the city for the training required by this section
    10  shall be reimbursed by MTA bridges and tunnels.
    11    § 1266-e. MTA bridges and tunnels - consent of state.   1.  The  state
    12  does  hereby agree (a) to the use by MTA bridges and tunnels, so long as
    13  its corporate existence shall continue, of any lands necessary,  conven-
    14  ient  or  desirable for the MTA bridges and tunnels project in which the
    15  state has any right, title  or  interest  situate,  lying  or  being  on
    16  Randall's  island  or  Ward's  island or in the waters adjacent thereto,
    17  provided, however, that no buildings used by or for the state, shall  be
    18  razed  or removed until the same have been vacated and (b) to the use by
    19  MTA bridges and tunnels,  so  long  as  its  corporate  existence  shall
    20  continue,  of  any  lands under water necessary, convenient or desirable
    21  for the project.
    22    2. The state does hereby agree to the use by MTA bridges  and  tunnels
    23  of  any lands, lands under water or the air space over any of such lands
    24  in which the state has any right, title or interest and which are neces-
    25  sary, convenient or desirable for the Throgs Neck  bridge  project  and,
    26  after  title to the Narrows bridge project shall vest in MTA bridges and
    27  tunnels, for the Narrows bridge project.
    28    § 1267. MTA bridges and tunnels -  actions  against  MTA  bridges  and
    29  tunnels.  Actions against MTA bridges and tunnels must be brought pursu-
    30  ant to section twelve hundred sixty-three of this title except that  the
    31  rate of interest shall not exceed three per centum per annum.
    32    §  1268.  MTA  subways  -  creation.  1. There is hereby created, as a
    33  subsidiary of the authority, a body corporate and politic constituting a
    34  public benefit corporation to be known as "MTA subways".
    35    2. MTA subways, the corporation created by  subdivision  one  of  this
    36  section,  and  that  part  of  the  New York city transit authority, the
    37  corporation created by the former section twelve  hundred  one  of  this
    38  chapter,  which operated and maintained the rapid transit system of such
    39  authority are hereby consolidated into a single corporation.
    40    3. In this section the words "original authority" refers to  New  York
    41  city transit authority and the words "consolidated corporation" refer to
    42  the  single corporation resulting from the consolidation as set forth in
    43  subdivision two of this section.
    44    4. The board of MTA subways shall be the board of  the  authority  and
    45  all  powers of the consolidated corporation shall be vested in and exer-
    46  cised by such board.
    47    5. All property, rights and powers of  the  original  authority  which
    48  related  to the rapid transit system of such authority are hereby vested
    49  in and shall be exercised  by  the  consolidated  corporation,  subject,
    50  however,  to  all  pledges,  covenants,  agreements  and  trusts made or
    51  created by the original authority.
    52    6. All debts, liabilities, obligations, agreements  and  covenants  of
    53  the original authority are hereby imposed jointly and severally upon the
    54  consolidated corporation and MTA buses.
    55    7.  All  bondholders and other creditors of the original authority and
    56  persons having claims against or contracts with the  original  authority
        S. 994                             76                            A. 1924
 
     1  of  any  kind  or character may enforce such debts, claims and contracts
     2  jointly and severally against the consolidated corporation and MTA buses
     3  in the same manner as they might have against  the  original  authority,
     4  and  the  rights and remedies of such bondholders, creditors and persons
     5  having claims or contracts shall not be limited  or  restricted  in  any
     6  manner by this title.
     7    8.  In  continuing the functions and carrying out the contracts, obli-
     8  gations and duties of the original authority,  the  consolidated  corpo-
     9  ration is hereby authorized to act in its own name or in the name of the
    10  original authority as may be convenient or advisable.
    11    9.  All  employees  of  the  original  authority  who are in positions
    12  connected to the rapid transit systems or who are not transferred to MTA
    13  buses shall become employees of the consolidated corporation. Nothing in
    14  this title shall affect the civil service status of  such  employees  or
    15  their  rights,  privileges,  obligations  or  status with respect to any
    16  pension or retirement system.
    17    10. MTA subways shall own and/or operate the Staten Island rapid tran-
    18  sit operating authority, a subsidiary of the authority, which  shall  be
    19  known as "MTA Staten Island rail".
    20    11.  The  consolidated  corporation  and its corporate existence shall
    21  continue until all its liabilities have been met  and  its  other  obli-
    22  gations  have been paid in full or such liabilities or other obligations
    23  have otherwise been discharged, including bonds, notes and  other  obli-
    24  gations  issued by the authority that are payable in whole or in part by
    25  revenues of MTA subways and MTA bus. When all  liabilities  incurred  by
    26  MTA  subways of every kind and character have been met and all its other
    27  obligations have been paid in full, including  bonds,  notes  and  other
    28  obligations issued by the authority that are payable in whole or in part
    29  by  revenues  of  MTA  subways and MTA bus, or such liabilities or other
    30  obligations have otherwise been discharged, all rights and properties of
    31  MTA subways shall pass to and be vested in the city,  other  than  those
    32  portions thereof that were financed by the authority.
    33    §  1268-a.  MTA subways - purposes. 1. In addition to the purposes set
    34  forth in section twelve hundred sixty-d of this title, the  purposes  of
    35  MTA subways shall be the acquisition of those transit facilities hereto-
    36  fore  operated  by  the  New  York City Transit Authority as part of the
    37  rapid transit system of such authority, the operation  of  such  transit
    38  facilities  and  the transportation facilities of MTA Staten Island rail
    39  in accordance with the provisions of this title for the convenience  and
    40  safety  of the public on a basis which will enable the operations there-
    41  of, exclusive of capital costs, to be self-sustaining, and,  in  coordi-
    42  nation with the authority the continuance, further development, improve-
    43  ment  and  expansion of rapid transit and other services related thereto
    44  within the district and the development and implementation of a  unified
    45  mass transportation policy for such district.
    46    2.  It  is  hereby  found  and  declared that such purposes are in all
    47  respects for the benefit of the people of  the  state  and  MTA  subways
    48  shall  be  regarded  as performing an essential governmental function in
    49  carrying out its corporate purpose and in exercising the powers  granted
    50  by this title.
    51    §  1268-b. MTA subways - lease of transit facilities from the city. 1.
    52  The lease between the city and the  New  York  city  transit  authority,
    53  dated  June  first, nineteen hundred fifty-three (the "transit authority
    54  lease"), the lease between the city and the Manhattan and Bronx  surface
    55  transit  operating  authority,  dated  March twentieth, nineteen hundred
    56  sixty-two (the "mabstoa lease"), the lease  between  the  city  and  the
        S. 994                             77                            A. 1924
 
     1  Staten  Island  rapid transit operating authority, dated July twentieth,
     2  nineteen hundred seventy (the "sirtoa lease"), and any lease between the
     3  city and MTA Bus Company (the "MTA bus company lease"), as each has been
     4  supplemented, amended, or renewed and the tenancies created thereby, are
     5  referred  to  in  this  section as "the existing leases."   The existing
     6  leases are hereby ratified and shall continue in full force  and  effect
     7  according  to  their  terms  except that (a) the transit authority lease
     8  shall hereby be bifurcated without action of any of the parties  thereto
     9  so  that  (i) MTA subways shall succeed to the interests and obligations
    10  of the New York city transit authority with respect to the rapid transit
    11  system, and (ii) MTA bus shall succeed to the interests and  obligations
    12  of  the  New  York  city  transit  authority with respect to the omnibus
    13  facilities; (b) MTA bus shall hereby succeed to the interests and  obli-
    14  gations  of  the Manhattan and Bronx surface transit operating authority
    15  under the mabstoa lease; (c) Staten Island rail shall hereby succeed  to
    16  the  interests  and obligations of Staten Island rapid transit authority
    17  under the sirtoa lease, and (d) MTA bus  shall  hereby  succeed  to  the
    18  interests  and  obligations  of  the  MTA  Bus Company under the MTA Bus
    19  Company lease.
    20    2. MTA subways shall have the right to  incur  capital  costs  of  any
    21  nature  in  its  own name or in the name of the authority or MTA bridges
    22  and tunnels (to the extent either  funds  such  capital  costs)  to  the
    23  extent  that  capital funds are available to it for expenditures of such
    24  nature pursuant to any provision of law, which capital costs  shall  not
    25  be payable by the city. The operation of sections twenty, twenty-one and
    26  twenty-two  of  the rapid transit law shall be suspended with respect to
    27  any project financed with the capital funds referred to in this subdivi-
    28  sion.
    29    3. No provision in the existing  leases,  now  existing  or  hereafter
    30  made,  shall purport to limit or restrict or have the effect of limiting
    31  or restricting, the power granted to MTA subways to manage,  control  or
    32  direct  the maintenance and operation of the rapid transit system or the
    33  fares or service thereof.
    34    4. Such existing leases or any amendments thereto hereafter  made  may
    35  contain  provisions  relating to the use and occupancy by MTA subways of
    36  real property (in addition to that transferred pursuant  to  subdivision
    37  one  of  this  section) now or hereafter owned or leased by the city, on
    38  such terms as may be mutually agreed upon by the city and  MTA  subways,
    39  and  may  provide for or authorize surrenders to the city of property no
    40  longer required by the MTA subways.
    41    5. The city and MTA subways are hereby  authorized  and  empowered  to
    42  make or enter into any contracts, agreements, deeds, leases, conveyances
    43  or  other  instruments  as may be necessary or appropriate to effectuate
    44  the purposes of this title  and  they  shall  have  complete  power  and
    45  authority  to  do  and to authorize the doing of all things, incidental,
    46  desirable or necessary to implement  the  provisions  of  this  section,
    47  including  without  limitation, any renewal or amendment of the existing
    48  leases on such additional terms and conditions,  not  inconsistent  with
    49  law, as may be approved by the city and MTA subways.
    50    6.  MTA  subways,  with  respect  to  subway  facilities,  shall  take
    51  possession and control of the rapid transit system  and  other  property
    52  transferred  under  the  existing  leases  together  with all contracts,
    53  books, maps, plans, papers and records of or in the  possession  of  the
    54  board of transportation of whatever description, incidental to or neces-
    55  sary  for  the operation of the facilities transferred by such agreement
        S. 994                             78                            A. 1924
 
     1  or the performance of the duties of MTA  subways  as  provided  by  this
     2  title.
     3    7.  Notwithstanding  any  other provision of law to the contrary, with
     4  respect to  interests  in  transportation  facilities  conveyed  to  MTA
     5  subways  in  accordance  with  this section, MTA subways in occupancy or
     6  possession of such facility shall be deemed its sole owner with  respect
     7  to all obligations and liabilities imposed by law on property owners.
     8    §  1268-c. MTA subways - general powers. 1. MTA subways shall have all
     9  of the powers vested in the authority by the provisions  of  this  title
    10  except  those contained in subdivisions three and nine of section twelve
    11  hundred sixty-e  and  subdivision  fifteen  of  section  twelve  hundred
    12  sixty-f  of  this  title, provided, however, that MTA subways shall have
    13  the power to contract  indebtedness  in  connection  with  obtaining  or
    14  securing  insurance  liabilities  for  its own account or in conjunction
    15  with other MTA  agencies,  including  the  power  to  make  payments  in
    16  connection  with  bonds  and  notes  issued  pursuant  to section twelve
    17  hundred sixty-two-d of this title. In addition, MTA subways  shall  have
    18  the following powers:
    19    (a)  To  make, amend and repeal rules governing the conduct and safety
    20  of the public as it may deem necessary, convenient or desirable for  the
    21  use  and  operation  of  the  subway  facilities under its jurisdiction,
    22  including without limitation rules relating to the protection or mainte-
    23  nance of such facilities, the conduct and  safety  of  the  public,  the
    24  payment of fares or other lawful charges for the use of such facilities,
    25  the  presentation  or  display of documentation permitting free passage,
    26  reduced fare passage or full fare passage on  such  facilities  and  the
    27  protection  of  the  revenue  of the authority. Violations of such rules
    28  shall be an offense punishable by a fine of  not  exceeding  twenty-five
    29  dollars or by imprisonment for not longer than ten days, or both, or may
    30  be  punishable  by  the  imposition  by  the transit adjudication bureau
    31  established pursuant to the provisions of this title of a civil  penalty
    32  in  an  amount  for  each  violation  not  to exceed one hundred dollars
    33  (exclusive of interest or costs assessed thereon), in accordance with  a
    34  schedule  of  such  penalties as may from time to time be established by
    35  rules of the authority. Such schedule of penalties may provide  for  the
    36  imposition  of  additional  penalties,  not  to  exceed a total of fifty
    37  dollars for each violation, upon the failure  of  a  respondent  in  any
    38  proceeding  commenced  with respect to any such violation to make timely
    39  response to or appearance in connection with a notice  of  violation  of
    40  such  rule  or to any subsequent notice or order issued by the authority
    41  in such proceeding. There shall be no penalty or increment  in  fine  by
    42  virtue  of  a  respondent's timely exercise of his right to a hearing or
    43  appeal. The rules may provide, in addition to any other  sanctions,  for
    44  the confiscation of tokens, tickets, cards or other fare media that have
    45  been  forged,  counterfeit, improperly altered or transferred, or other-
    46  wise used in a manner inconsistent with such rules.
    47    (b) To appoint employees and fix their  compensation  subject  to  the
    48  provisions  of  the  civil  service law and to grant, in its discretion,
    49  cash payments to the surviving spouse or to the legal representatives of
    50  its deceased employees, equal to the current monetary value  of  accumu-
    51  lated  and unused vacation time, if any, and the monetary value of accu-
    52  mulated and unused overtime, if any, for overtime which was  worked  and
    53  credited  subsequent  to  June  fifteenth, nineteen hundred fifty-three,
    54  computed at the rate of salary in effect at the time  the  overtime  was
    55  worked,  standing to the credit of its employees as of the time of their
    56  death and, notwithstanding the provisions of section one hundred thirty-
        S. 994                             79                            A. 1924
 
     1  five of the civil service law or any other state or  local  law  to  the
     2  contrary,  to grant, in its discretion, severance pay to surplus employ-
     3  ees on separation from service.
     4    (c)  To  construct,  reconstruct,  improve,  maintain  and operate any
     5  subway facility, whether  now  existing,  or  constructed,  acquired  or
     6  provided in the future, and to fix fares on any such subway facilities.
     7    (d)  To  construct,  reconstruct, improve, maintain and operate build-
     8  ings, structures and facilities as may be necessary or convenient and to
     9  maintain and operate, directly or enter into contracts or leases for the
    10  acquisition, maintenance, and operation of  areas  for  the  parking  of
    11  motor  vehicles  in  the  vicinity  of its subway facilities, and in its
    12  discretion to fix and charge for such parking a  combination  fee  which
    13  shall include the established rate of fare for use of its subway facili-
    14  ties.
    15    (e)  To post signs notifying the public of the maximum fine for throw-
    16  ing, dumping, or causing to be thrown, dumped, deposited or  placed  any
    17  refuse,  trash,  garbage,  rubbish, litter, or any nauseous or offensive
    18  matter on subway tracks or the right-of-way of  a  subway,  pursuant  to
    19  section  fifty-two-e  of  the railroad law, to the extent that funds for
    20  such signs are available.
    21    (f) With the consent of the city to use  officers,  employees,  agents
    22  and  facilities  of  the city paying to the city an agreed proportion or
    23  amount of the compensation or costs involved.
    24    (g) To make  or  enter  into  contracts,  agreements,  deeds,  leases,
    25  conveyances  or other instruments necessary or convenient, and to assist
    26  and cooperate with the other MTA agencies to carry out the powers of the
    27  other MTA agencies in  furtherance  of  their  purposes  and  powers  as
    28  provided  in  this  article,  including,  without limitation, the trans-
    29  actions described in sections twelve  hundred  sixty-g,  twelve  hundred
    30  sixty-two-h,  twelve hundred sixty-two-i and twelve hundred sixty-six of
    31  this title. This power shall include the power to  make  contracts  with
    32  other persons operating transportation facilities for combined fares for
    33  the  use  of  such  facilities and the subway facilities operated by MTA
    34  subways and for the division of  such  fares,  and  the  power  to  make
    35  contracts  for  the transportation of the United States mail or personal
    36  property.
    37    (h) To surrender to the  city  property  no  longer  required  by  MTA
    38  subways.
    39    (i)  To  rent space and grant concessions on or in any subway or other
    40  facility under its jurisdiction, to fix and  collect  rentals,  fees  or
    41  other  charges  therefor, and to contract for the sale or disposition of
    42  waste, products or by-products incidental to its operations or in excess
    43  of its requirements.
    44    (j) Notwithstanding the provisions of sections 120.20, 120.25, 145.00,
    45  145.05, 145.10, 145.15, 145.20, and 240.30  of  the  penal  law  or  the
    46  provisions  of  any general, special or local law, code, ordinance, rule
    47  or regulation to the contrary MTA  subways  may  erect  signs  or  other
    48  printed,  painted  or  advertising  matter  on  any  property, including
    49  elevated structures, leased or operated by it  or  otherwise  under  its
    50  jurisdiction and control and may rent, lease or otherwise sell the right
    51  to do so to any person, private or public.
    52    (k)  To  exercise  all  requisite  and  necessary authority to manage,
    53  control and direct the maintenance and operation  of  subway  facilities
    54  transferred  to  it  for  the  convenience and safety of the public with
    55  power, in its discretion, to add, extend, modify, discontinue,  curtail,
    56  or  change routes or methods of transportation where the convenience and
        S. 994                             80                            A. 1924
 
     1  safety of the public would be served thereby or where existing routes or
     2  methods are inefficient or uneconomical.
     3    (l)  MTA  subways shall establish and publish or cause to be published
     4  schedules for all passenger transportation services under its operation.
     5  Such schedules shall include the estimated departure and arrival time at
     6  each terminal point of each route except that, on lines where the  head-
     7  way  time during the period between six A.M. and seven P.M. is less than
     8  ten minutes, such headway time alone may be listed for that period. Such
     9  schedules shall also show the elapsed running time between the  terminal
    10  and  each station. Schedules shall be made available at each facility on
    11  any applicable route at which fare media are sold and shall be posted at
    12  each appropriate station operated by MTA subways.
    13    2. A copy of any report submitted by MTA subways pursuant to  sections
    14  twenty-eight  hundred, twenty-eight hundred one and twenty-eight hundred
    15  two of this chapter shall be forwarded to the mayor.
    16    § 1268-d. MTA subways - advisory council. 1. There is  hereby  created
    17  the  MTA  subways  advisory  council, to study, investigate, monitor and
    18  make recommendations with respect to the maintenance  and  operation  of
    19  MTA subways and the MTA Staten Island rail. Such council shall study and
    20  investigate all aspects of the day to day operations of such corporation
    21  and  MTA  Staten  Island  rail,  monitor their performance and recommend
    22  changes to improve the efficiency of the operation thereof.
    23    2. Such council shall consist of fifteen members who shall  be  commu-
    24  ters  who  regularly  use the transportation services of MTA subways and
    25  MTA Staten Island rail. Five of such members shall be appointed  by  the
    26  governor upon the recommendation of the mayor; five upon the recommenda-
    27  tion  of  the  president of the city council of the city; and five other
    28  members appointed upon the recommendation one by  each  of  the  borough
    29  presidents  of  the  boroughs  of  the city. The chair shall be a member
    30  selected by the membership of the committee. Each of the  members  shall
    31  serve  for  a  term  of  two years, provided, however, that of the first
    32  appointments, two appointed upon the recommendation of the mayor and two
    33  appointed upon the recommendation of the president of the  city  council
    34  shall  serve  for  a term of one year. Vacancies occurring other than by
    35  expiration of term shall be filled in the same manner  as  the  original
    36  appointments for the balance of the unexpired term.
    37    3.  The members of the council shall receive no compensation for their
    38  services but shall be  reimbursed  for  actual  and  necessary  expenses
    39  incurred in the performance of their duties.
    40    4.  The  council  may  request  and shall receive from any department,
    41  division, board, bureau, commission, agency,  public  authority  of  the
    42  state  or  any political subdivision thereof such assistance and data as
    43  will enable it properly to carry out its activities hereunder and effec-
    44  tuate the purposes set forth in this section.
    45    § 1268-e. MTA subways - rapid transit noise code. 1. As used  in  this
    46  section, unless another meaning is indicated by the context:
    47    (a)  "Subways"  means  all  rail rapid transit systems operated by MTA
    48  subways including but not limited to  rolling  stock,  track  and  track
    49  beds,  passenger  stations, tunnels, elevated structures, yards, depots,
    50  and shops.
    51    (b) "New cars" means all those cars the purchase  and/or  construction
    52  of which is contracted for subsequent to the enactment of this section.
    53    (c) "Screech" means any noise generated by wheel-track interactions on
    54  curves  or  by  brake application and which is a prominent discrete tone
    55  above 1000 Hertz as defined by the American National Standards Institute
    56  specifications (ANSI S1.13--1971).
        S. 994                             81                            A. 1924
 
     1    (d) "Sound pressure level" means twenty times  the  logarithm  to  the
     2  base  ten of the ratio of the root mean squared pressure of a sound to a
     3  reference pressure of twenty micropascals.   The unit  applied  to  this
     4  measure shall be the decibel (dB).
     5    (e)  "A-weighted  sound level or (dBA)" means the sound pressure level
     6  measured by the use of an instrument with the  metering  characteristics
     7  and  A-weighting  frequency  response prescribed for sound level meters.
     8  The sound level measurement system must meet or exceed the  requirements
     9  of  the  American  National  Standard  Institute Specification for Sound
    10  Level Meters ANSI S1.4--1971, approved  April  twenty-seventh,  nineteen
    11  hundred  seventy-one,  throughout  the  applicable  frequency  range for
    12  either:
    13    (i) A Type 1 sound level meter; or
    14    (ii) A Type 2 sound level meter; or
    15    (iii) A Type S sound level meter which has:
    16    (A) an A-weighting frequency response; and
    17    (B) a fast dynamic characteristic which complies with section  5.3  of
    18  ANSI S1.4--1971; and
    19    (C) a relative response level tolerance consistent with that of either
    20  a  Type  1  or  Type 2 sound level meter, as specified in section 3.2 of
    21  ANSI S1.4--1971.
    22    (f) "Equivalent sound level" means the  energy-average  of  the  inte-
    23  grated A-weighted sound level over a specified observation time T and is
    24  identified by the symbol Leg.
    25    (g)  "Noise abatement study" means the rail rapid transit noise abate-
    26  ment study undertaken by  the  original  authority  pursuant  to  former
    27  section twelve hundred four-a of this article, as added by chapter seven
    28  hundred thirty-six of the laws of nineteen hundred eighty-two.
    29    2. New York city transit authority previously completed a study evalu-
    30  ating the range of strategies available for meeting the sound levels set
    31  forth in the following sound level table, including proposing strategies
    32  and  indicating the approximate time and necessary cost for meeting such
    33  sound levels, and indicating the expected dBA reduction of each proposed
    34  strategy.
    35    (a) SOUND LEVEL TABLE EQUIVALENT SOUND LEVEL PERCENT COMPLIANCE
    36    (i) CAR INTERIOR
    37    (A) new cars 80dBA 100%
    38    (B) old cars 85dBA 70%
    39    (ii) CURVE AND BRAKE SCREECH
    40    (A) new cars No Screech 100%
    41    (B) old cars No Screech 100%
    42    (iii) STATION TRAINS ENTERING, LEAVING OR PASSING THROUGH
    43    105dBA 100%
    44    90dBA 95%
    45    85dBA 80%
    46    80dBA 60%
    47    (iv) ELEVATED STRUCTURES
    48    Sound level to be 60% established
    49    (b) In all cases noise levels shall be measured so as to reflect accu-
    50  rately the worst case of noise exposure at a specific location  where  a
    51  noise abatement strategy has been implemented, to which a subway passen-
    52  ger,  employee,  or any person who is within range of subway noise could
    53  reasonably be exposed under normal operating conditions. Noise  measure-
    54  ments shall be made under the following conditions:
        S. 994                             82                            A. 1924
 
     1    Car  interior: when the car is in motion at a speed of forty miles per
     2  hour during normal operation with measurements in the center of the  car
     3  and the microphone five feet above the floor.
     4    Station: (express) when the train is in motion and passing in front of
     5  the on-platform measuring point.
     6    (local)  when  the train is in motion and any part of it is within the
     7  station.
     8    Car exterior: (elevated tracks) when the train is  in  motion  and  is
     9  passing  in  front  of the point from which noise measurements are being
    10  made.
    11    (c) All measurements shall be taken with fast  dynamic  characteristic
    12  of  the  sound  level measurement system. Energy equivalent measurements
    13  shall normally be used; provided, however, alternative measures  may  be
    14  proposed  to incorporate new instrumentation or analyses that may become
    15  available.
    16    3. MTA subways shall submit an annual report to the governor  and  the
    17  legislature  detailing  MTA  subways' progress to date in abating subway
    18  noise. The report shall include, but  not  be  limited  to  an  itemized
    19  summary of all monies spent, bids requested and received, contracts let,
    20  and  actual  work  done  on noise abatement programs during the previous
    21  period. Any and all subway noise measurements made during  the  previous
    22  period  shall  be  included,  with,  whenever possible, analyses of such
    23  measurements.
    24    Such report shall also include a detailed analysis of all noise abate-
    25  ment activities planned for the next twelve months.  Following the first
    26  twelve-month interval these reports  shall  also  include  comprehensive
    27  statements  of  progress  made on all planned noise abatement activities
    28  included in the previous annual report.
    29    Nothing in this subdivision shall  preclude  such  report  from  being
    30  incorporated in MTA subways' annual capital report submitted pursuant to
    31  the  "capital  financing  and  services  system  act of nineteen hundred
    32  eighty-one," so long as it is maintained as  a  separate,  distinct  and
    33  identifiable component in such report.
    34    §  1268-f.  MTA  subways  -  rates  of  fare and levels of service. 1.
    35  Notwithstanding the provisions of  any  other  law,  the  terms  of  any
    36  contract  or franchise, MTA subways shall have the power at all times to
    37  fix or adjust the rate or rates of fare to be charged for the use of any
    38  subway facility operated by MTA subways as may in the  judgment  of  MTA
    39  subways  be  necessary  to  maintain its operations on a self-sustaining
    40  basis. The operations of MTA subways shall be deemed to be  on  a  self-
    41  sustaining basis, as required by this title, when it is able to pay from
    42  revenue,  from  any funds granted or transferred to MTA subways pursuant
    43  to any provision  of  law,  including  funds  granted  pursuant  to  the
    44  provisions  of  section ninety-eight-b of the general municipal law, and
    45  from any other funds actually available to MTA subways, including inter-
    46  agency  loans  and  the  proceeds  of  borrowings  for  working  capital
    47  purposes,  the  expenses  of  operation of MTA subways as the same shall
    48  become due. Nothing in this  section  shall  prevent  MTA  subways  from
    49  establishing  a joint fare program with MTA bus or any other MTA agency,
    50  which joint fare program could provide for intermodal  transfers  at  no
    51  charge.
    52    2.  Upon  the  written  request of the mayor, MTA subways shall permit
    53  reduced fares for one or more classes of subway  facility  users  desig-
    54  nated  by  the mayor upon the agreement of the city to assume the burden
    55  of the resulting differential, together with the  attendant  administra-
        S. 994                             83                            A. 1924
 
     1  tive  costs  of  MTA subways, pursuant to procedures satisfactory to MTA
     2  subways.
     3    3.  Notwithstanding the provisions of subdivision one of this section,
     4  no zonal system of fares proposed to be instituted  on  or  after  March
     5  first, nineteen hundred sixty-eight for the use of the whole or any part
     6  of  a  rapid  transit  facility  operated  by MTA subways and no general
     7  revision of the system of transfers applicable to  the  use  of  omnibus
     8  facilities  and  subways facilities operated by the former New York city
     9  transit authority in effect as of that date shall be established without
    10  the written approval of the mayor. For the purposes of this  subdivision
    11  the  term "zonal system of fares" shall mean any system whereby the fare
    12  payable for the use of a rapid transit facility or of any  part  thereof
    13  varies according to distance traveled or to the location of the point of
    14  entry  or departure by the user, but the creation or elimination of free
    15  transfer points shall not be regarded  as  the  institution  of  such  a
    16  system.
    17    4.  Any  complete or partial closing of a passenger station within the
    18  city of New York, or any means of public access to such facility, except
    19  for purposes of repair or renovation or in case of emergency,  shall  be
    20  accomplished  only  if  approved by resolution of MTA subways adopted by
    21  not less than a majority of the whole number of members of  MTA  subways
    22  then  in  office, and only after a public hearing. Such hearing shall be
    23  held not less than thirty days after notice of such proposed closing has
    24  been given to, and comments solicited from, the borough board as  estab-
    25  lished  pursuant  to  section  eighty-five  of the New York city charter
    26  whose area of jurisdiction includes the station proposed to be closed or
    27  otherwise affected.
    28    5. No acts or activities taken or proposed to be taken by MTA  subways
    29  pursuant  to  the  provisions  of subdivision one or two of this section
    30  shall be deemed to be "actions" for the purposes or within  the  meaning
    31  of article eight of the environmental conservation law.
    32    6.  (a)  No substantial reduction in levels of service operated by MTA
    33  subways shall be made unless approved by resolution adopted by not  less
    34  than  a majority vote of the whole number of members of MTA subways then
    35  in office, with the chairperson having one additional vote in the  event
    36  of  a  tie  vote,  and only after a public hearing. For purposes of this
    37  subdivision, a substantial reduction in level of service shall mean: (i)
    38  a reduction in scheduled service  on  any  subway  line  of  twenty-five
    39  percent  or  more,  as  measured by daily scheduled train revenue miles;
    40  (ii) a reduction by one or more hours in the daily span  of  service  in
    41  which  a  subway  line is operational; and (iii) the total distance of a
    42  subway line is reduced by twenty-five percent or more of the total  line
    43  miles operated.
    44    (b)  For  purposes of determining a reduction in a level of service as
    45  set forth in paragraph (a) of this subdivision, all changes  in  service
    46  occurring  during  the  twelve-month  period  immediately  preceding the
    47  reduction shall be aggregated.
    48    (c) With respect to all changes in subway service  schedules  and  all
    49  subway  route changes, MTA subways shall provide written notification of
    50  the proposed change to any affected community board prior to implementa-
    51  tion of the change. Except to the extent otherwise required pursuant  to
    52  the  provisions  of paragraph (a) of this subdivision, nothing contained
    53  herein shall be deemed to require a public hearing with respect  to  any
    54  proposed schedule or route change.
    55    (d)  The  provisions  of  this  subdivision shall not apply during the
    56  following circumstances:  (i)  construction  or  maintenance  activities
        S. 994                             84                            A. 1924
 
     1  affecting  services on a subway line; (ii) experimental services changes
     2  or demonstration projects of a duration not anticipated  to  exceed  one
     3  hundred  eighty  days; (iii) schedule adjustments on account of a public
     4  holiday,  event,  school,  calendar  or other seasonal adjustments; (iv)
     5  emergencies or other unanticipated service  disruptions;  or  (v)  minor
     6  route changes attributable to safety considerations.
     7    (e) Whenever MTA subways causes notices of hearings on proposed chang-
     8  es  in  services  or  fares to be posted pursuant to this section or any
     9  statute, regulation, or its policy, or where it voluntarily  posts  such
    10  notices,  such  notices  shall:  (i)  be written in a clear and coherent
    11  manner using words with common and every day meaning; (ii) be  captioned
    12  in  large  point  type bold lettering with a title that fairly and accu-
    13  rately conveys the basic nature of such change or changes;  (iii)  where
    14  such change involves a proposed change in levels of fare, include in its
    15  title  the  range  of  amounts of fare changes under consideration; (iv)
    16  contain, to the extent practicable, a concise description of the specif-
    17  ic nature of the change or changes,  including  but  not  limited  to  a
    18  concise  description  of those changes that affect the largest number of
    19  passengers; (v) where such change involves a change in the nature  of  a
    20  route,  contain, to the extent practicable, a clear graphic illustration
    21  of such change or changes; and (vi) where such change involves a partial
    22  or complete station closing, such notice shall be posted at the affected
    23  station with a clear graphic illustration depicting the  nature  of  any
    24  closing for such station.
    25    7.  Notwithstanding  any  other  provision of law, MTA subways and MTA
    26  Staten Island rail shall  establish  and  implement  a  half  fare  rate
    27  program  for  persons  with  serious  mental illness who are eligible to
    28  receive supplemental security income benefits  as  defined  pursuant  to
    29  title sixteen of the federal social security act and section two hundred
    30  nine  of the social services law. The half fare rate program established
    31  and implemented pursuant to  this  subdivision  shall  be  in  operation
    32  during  all  hours  in  which  MTA  subways  and  MTA Staten Island rail
    33  provides railroad, and/or subway services, and such program shall not be
    34  limited in operation to off-peak hours or to any other hours  designated
    35  by MTA subways or MTA Staten Island rail.
    36    §  1268-g.  MTA  subways  -  surrender  of power plants. The repeal of
    37  section twelve hundred five-a of title nine of this  article  shall  not
    38  invalidate  any actions previously taken in accordance with such section
    39  prior to the repeal of such section.
    40    § 1268-h. MTA subways - revenue and accounts.  1.  MTA  subways  shall
    41  establish  and  maintain  a  system of accounts to show at all times the
    42  cost of the several classes of property used in operation and the sourc-
    43  es of funds used in the acquisition of such property; the several class-
    44  es of operating revenue and other income; maintenance  expenses,  inter-
    45  est, and all other charges.
    46    2.  The  city  comptroller shall have the power, from time to time, to
    47  examine the accounts, books and any other records or papers relating  to
    48  the  financial  condition  of  MTA  subways, which examination shall not
    49  preclude examination of such matters by any other authorized officer  or
    50  body.
    51    §  1268-i.  MTA  subways - contracts. Any contract for public work, or
    52  any purchase contract on behalf of MTA subways, shall be made under  the
    53  same  terms and conditions as provided in section twelve hundred sixty-k
    54  of this title.
    55    § 1268-j. MTA subways - transit adjudication bureau.  1.    Establish-
    56  ment.  There  is  hereby  created  in MTA subways a transit adjudication
        S. 994                             85                            A. 1924
 
     1  bureau. The head of such bureau shall be  the  executive  director,  who
     2  shall  be  appointed  by  the  president of MTA subways.   The executive
     3  director may delegate the powers and duties conferred upon the executive
     4  director by this section to such qualified officers and employees of the
     5  bureau as he or she may designate.
     6    2.  Hearing officers. The president of MTA subways shall appoint hear-
     7  ing officers who shall preside  at  hearings  for  the  adjudication  of
     8  charges of transit infractions, as defined in this section and the adju-
     9  dication  of  allegations  of  liability for violations of the rules and
    10  regulations of the Triborough bridge and tunnel authority in  accordance
    11  with  section two thousand nine hundred eighty-five of this chapter, and
    12  who, as provided in this section, may be  designated  to  serve  on  the
    13  appeals  board  of  the  bureau.  Every  hearing officer shall have been
    14  admitted to the practice of law in this state for a period of  at  least
    15  three  years,  and  shall  be compensated for his services on a per diem
    16  basis determined by the bureau.
    17    3. Jurisdiction. The bureau shall have, with respect to acts or  inci-
    18  dents  in  or  on  the  subway  facilities of MTA subways or the omnibus
    19  facilities of MTA buses  occurring  within  the  city  committed  by  or
    20  involving persons who are sixteen years of age or over, and with respect
    21  to violation of toll collection regulations of the Triborough bridge and
    22  tunnel  authority  as  described  in  section  two thousand nine hundred
    23  eighty-five of this chapter, non-exclusive jurisdiction over  violations
    24  of:  (a)  the  rules  which  may from time to time be established by MTA
    25  subways under paragraph (a) of subdivision one of section twelve hundred
    26  sixty-eight-c of this title and by MTA bus under paragraph (b) of subdi-
    27  vision one of section twelve hundred seventy-one-c of  this  title;  (b)
    28  article  one  hundred  thirty-nine of the health code of the city of New
    29  York, as it may be amended from time to time, relating to public  trans-
    30  portation  facilities; and (c) article four of the noise control code of
    31  the city of New York, as it may be amended from time to time, insofar as
    32  it pertains to sound reproduction devices; and (d) the rules  and  regu-
    33  lations  which  may  from time to time be established by the MTA bridges
    34  and tunnels in accordance with the provisions of  section  two  thousand
    35  nine  hundred  eighty-five of this chapter. Matters within the jurisdic-
    36  tion of the bureau except violations of the rules and regulations of the
    37  MTA bridges and tunnels shall be known for purposes of this  section  as
    38  transit  infractions.  Nothing in this subdivision shall be construed to
    39  divest jurisdiction from any court  now  having  jurisdiction  over  any
    40  criminal charge or traffic infraction relating to any act committed in a
    41  subway or omnibus or toll facility, or to impair the ability of a police
    42  officer  to  conduct  a lawful search of a person in a subway or omnibus
    43  facility. The criminal court of the city of New York shall  continue  to
    44  have jurisdiction over any criminal charge or traffic infraction brought
    45  for  violation  of  the  rules  of  MTA subways and MTA buses or the MTA
    46  bridges and tunnels within the city, as well as jurisdiction relating to
    47  any act which may constitute a crime or an offense under any law of  the
    48  state  of  New York or any municipality or political subdivision thereof
    49  and which may also constitute a violation within the city of such rules.
    50  The bureau shall have concurrent  jurisdiction  with  the  environmental
    51  control  board  and  the  administrative  tribunal  of the department of
    52  health over the aforesaid  provisions  of  the  health  code  and  noise
    53  control code of the city of New York.
    54    4.  General  powers.  The  bureau  shall have the following functions,
    55  powers and duties:
        S. 994                             86                            A. 1924
 
     1    (a) To accept pleas (whether made in person or by  mail)  to,  and  to
     2  hear  and  determine,  charges of transit infractions and allegations of
     3  civil liability pursuant to section two thousand  nine  hundred  eighty-
     4  five of this chapter within its jurisdiction;
     5    (b)  To  impose  civil  penalties not to exceed a total of one hundred
     6  fifty dollars for any transit infraction  within  its  jurisdiction,  in
     7  accordance  with  a  penalty schedule established by MTA subways and MTA
     8  buses except that penalties for violations of the  health  code  of  the
     9  city  of  New York shall be in accordance with the penalties established
    10  for such violations by the board of health of the city of New York,  and
    11  penalties for violations of the noise code of the city of New York shall
    12  be  in  accordance with the penalties established for such violations by
    13  law, and civil penalties for violations of the rules and regulations  of
    14  MTA bridges and tunnels shall be in accordance with the penalties estab-
    15  lished  for such violations by section two thousand nine hundred eighty-
    16  five of this chapter;
    17    (c) In its sole discretion, to suspend or  forgive  penalties  or  any
    18  portion of penalties imposed on the condition that the respondent volun-
    19  tarily agrees to perform and actually does satisfactorily perform unpaid
    20  services  on  subway  or  omnibus  facilities  as assigned by either MTA
    21  subways or MTA buses, such as, without limitation, cleaning  of  rolling
    22  stock;
    23    (d) To adopt, amend and rescind rules and regulations not inconsistent
    24  with  any  applicable provision of law to carry out the purposes of this
    25  section, including but not limited to rules and regulations  prescribing
    26  the  internal  procedures and organization of the bureau, the manner and
    27  time of entering pleas, the conduct of  hearings,  and  the  amount  and
    28  manner of payment of penalties;
    29    (e) To enter judgments and enforce them, without court proceedings, in
    30  the  same manner as the enforcement of money judgments in civil actions,
    31  as provided below;
    32    (f) To compile and maintain complete and accurate records relating  to
    33  all  charges and dispositions, which records shall be deemed exempt from
    34  disclosure under the freedom of information law as records compiled  for
    35  law enforcement purposes;
    36    (g)  To  apply to a court of competent jurisdiction for enforcement of
    37  any decision or order issued by such bureau or of any subpoena issued by
    38  a hearing officer as provided in paragraph d  of  subdivision  seven  of
    39  this section;
    40    (h)  To  enter  into  contracts  with  other government agencies, with
    41  private organizations, or with individuals to undertake  on  its  behalf
    42  such functions as data processing, debt collections, mailing, and gener-
    43  al  administration,  as the executive director deems appropriate, except
    44  that the conduct by hearing officers of hearings and of appeals may  not
    45  be performed by outside contractors;
    46    (i) To accept payment of penalties and to remit same to MTA subways or
    47  MTA buses, as the case may be; and
    48    (j) To adjudicate the liability of motor vehicle owners for violations
    49  of  rules  and regulations established in accordance with the provisions
    50  of section two thousand nine hundred eighty-five of this chapter.
    51    5. Notices of violation.  The  bureau  shall  prepare  and  distribute
    52  notices  of  violation  in blank to the police department of the city in
    53  the case of violations occurring within the city and  any  other  person
    54  empowered  by  law,  rule and regulation to serve such notices. The form
    55  and wording of the notice of violation shall be prescribed by the execu-
    56  tive director, and it may be the same as any other notice  of  violation
        S. 994                             87                            A. 1924
 
     1  or  summons  form  already in use if said form meets the requirements of
     2  this section. The notice of violation may include provisions  to  record
     3  information  which  will  facilitate  the identification and location of
     4  respondents,  including  but  not  limited  to  name, address, telephone
     5  numbers, date of birth, social security number if otherwise permitted by
     6  law, place of employment or school, and name and address of  parents  or
     7  guardian  if  a  minor.  Notices  of  violation  shall be issued only to
     8  persons who are sixteen years of age or over, and  shall  be  served  by
     9  delivering  the  notice  within  the state to the person to be served. A
    10  copy of each notice of violation served  under  this  section  shall  be
    11  filed  and retained by said bureau, and shall be deemed a record kept in
    12  the ordinary course of business, and, if sworn to or affirmed, shall  be
    13  prima  facie  evidence  of  the  facts contained therein. Said notice of
    14  violation shall contain information advising the person charged  of  the
    15  manner  and  the  time within which such person may either admit or deny
    16  the offense charged in the notice. Such notice of violation  shall  also
    17  contain  a warning to advise the person charged that failure to plead in
    18  the manner and within the time stated in the  notice  may  result  in  a
    19  default  decision  and  order being entered against such person, and the
    20  imposition of supplemental penalties as provided  in  paragraph  (a)  of
    21  subdivision  one  of  section twelve hundred sixty-eight-c and paragraph
    22  (b) of subdivision one of section twelve hundred seventy-one-c  of  this
    23  title.  A  notice  of  violation  shall  not be deemed to be a notice of
    24  liability issued pursuant to section two thousand nine  hundred  eighty-
    25  five of this chapter.
    26    6.  Defaults.  Where  a  respondent has failed to plead to a notice of
    27  violation or to a notice of liability issued  pursuant  to  section  two
    28  thousand  nine  hundred  eighty-five  of  this  chapter  within the time
    29  allowed by the rules of said bureau or has failed to appear on a  desig-
    30  nated  hearing  date or a subsequent date following an adjournment, such
    31  failure to plead or appear shall be deemed, for all purposes, to  be  an
    32  admission  of  liability  and  shall  be grounds for rendering a default
    33  decision and  order  imposing  a  penalty  in  such  amount  as  may  be
    34  prescribed by MTA subways.
    35    7.  Hearings.  (a)  (1)  A  person  charged  with a transit infraction
    36  returnable to the bureau or a person alleged to be liable in  accordance
    37  with  the provisions of section two thousand nine hundred eighty-five of
    38  this chapter who contests such allegation shall be advised of  the  date
    39  on  or by which he or she must appear to answer the charge at a hearing.
    40  Notification of such hearing date shall be given either in the notice of
    41  violation or in a form, the content of which shall be prescribed by  the
    42  executive  director  or  in  a manner prescribed in section two thousand
    43  nine hundred eighty-five of this chapter. Any  such  notification  shall
    44  contain a warning to advise the person charged that failure to appear on
    45  or  by  the  date designated, or any subsequent rescheduled or adjourned
    46  date, shall be deemed for all purposes, an admission of  liability,  and
    47  that  a  default  judgment may be rendered and penalties may be imposed.
    48  Where notification is given in a manner other  than  in  the  notice  of
    49  violation,  the  bureau shall deliver such notice to the person charged,
    50  either personally or by first class mail.
    51    (2) Whenever a person charged with a transit infraction or alleged  to
    52  be liable in accordance with the provisions of section two thousand nine
    53  hundred eighty-five of this chapter returnable to the bureau requests an
    54  alternate hearing date and is not then in default as defined in subdivi-
    55  sion   six  of  this  section,  the  bureau  shall  advise  such  person
    56  personally, or by first class mail, of the alternate hearing date on  or
        S. 994                             88                            A. 1924
 
     1  by  which  he or she must appear to answer the charge or allegation at a
     2  hearing. The form and  content  of  such  notice  of  hearing  shall  be
     3  prescribed  by  the  executive  director, and shall contain a warning to
     4  advise the person charged or alleged to be liable that failure to appear
     5  on  or  by  the  alternate  designated  hearing  date, or any subsequent
     6  rescheduled or adjourned date, shall  be  deemed  for  all  purposes  an
     7  admission  of liability, and that a default judgment may be rendered and
     8  penalties may be imposed.
     9    (3) Whenever a person charged with a transit infraction or alleged  to
    10  be liable in accordance with the provisions of section two thousand nine
    11  hundred  eighty-five of this chapter returnable to the bureau appears at
    12  a hearing and obtains an adjournment of  the  hearing  pursuant  to  the
    13  rules  of the bureau, the bureau shall advise such person personally, or
    14  by first class mail, of the adjourned date  on  which  he  or  she  must
    15  appear  to  answer  the charge or allegation at a continued hearing. The
    16  form and content  of  such  notice  of  a  continued  hearing  shall  be
    17  prescribed  by  the  executive  director, and shall contain a warning to
    18  advise the person charged or alleged to be liable that failure to appear
    19  on the adjourned hearing date shall be deemed for all purposes an admis-
    20  sion of liability, and that a  default  judgment  may  be  rendered  and
    21  penalties may be imposed.
    22    (b)  Every  hearing  for  the  adjudication  of  a charge of a transit
    23  infraction or an allegation of liability under section two thousand nine
    24  hundred eighty-five of this chapter hereunder shall  be  held  before  a
    25  hearing officer in accordance with the rules and regulations promulgated
    26  by the bureau.
    27    (c) The hearing officer shall not be bound by the rules of evidence in
    28  the conduct of the hearing, except rules relating to privileged communi-
    29  cations.
    30    (d)  The  hearing  officer  may,  in  his or her discretion, or at the
    31  request of the person charged or alleged to be liable on  a  showing  of
    32  good  cause  and need therefor, issue subpoenas to compel the appearance
    33  of any person to give testimony, and  issue  subpoenas  duces  tecum  to
    34  compel  the  production for examination or introduction into evidence of
    35  any book, paper or other thing relevant to the charges.
    36    (e) In the case of a refusal to obey a subpoena, the bureau  may  make
    37  application  to  the  supreme  court  pursuant  to  section twenty-three
    38  hundred eight of the civil practice law and rules, for an order  requir-
    39  ing such appearance, testimony or production of materials.
    40    (f)  The  bureau  shall  make  and maintain a sound recording or other
    41  record of every hearing.
    42    (g) After due consideration of the evidence and arguments, the hearing
    43  officer shall determine whether the charges  or  allegations  have  been
    44  established. No charge may be established except upon proof by clear and
    45  convincing evidence except allegations of civil liability for violations
    46  of  MTA bridges and tunnels rules and regulations will be established in
    47  accordance with the provisions of  section  two  thousand  nine  hundred
    48  eighty-five  of  this  chapter.  Where  the charges have not been estab-
    49  lished, an order dismissing the charges or allegations shall be entered.
    50  Where a determination is made that  a  charge  or  allegation  has  been
    51  established  or if an answer admitting the charge or allegation has been
    52  received, the hearing officer shall set a penalty in accordance with the
    53  penalty schedule established by MTA subways and MTA buses, or for  alle-
    54  gations  of civil liability in accordance with the provisions of section
    55  two thousand nine hundred eighty-five of this chapter and an appropriate
    56  order shall be entered in the records  of  the  bureau.  The  respondent
        S. 994                             89                            A. 1924
 
     1  shall  be  given  notice of such entry in person or by first class mail.
     2  This order shall constitute the final determination of the hearing offi-
     3  cer, and for purposes of review it shall be deemed  to  incorporate  any
     4  intermediate  determinations  made  by said officer in the course of the
     5  proceeding. When no appeal is filed this order shall be the final  order
     6  of the bureau.
     7    8.  Administrative  and  judicial  review.  (a) There shall be appeals
     8  boards within the bureau which shall consist of three  or  more  hearing
     9  officers,  as  the  executive  director shall determine.   The executive
    10  director shall select a chairman for each appeals board from the members
    11  so appointed. No hearing officer may sit on an appeals board considering
    12  an appeal from a determination made by said hearing officer.
    13    (b) A party aggrieved by a final determination of  a  hearing  officer
    14  may  obtain  a  review thereof by serving upon the bureau, within thirty
    15  days of the bureau's service of its notice of  entry  of  such  order  a
    16  notice  of appeal setting forth the reasons why the determination should
    17  be reversed or modified. There shall be no interlocutory appeals.
    18    (c) An appeal from a final determination of a hearing officer shall be
    19  submitted to the appeals board, which shall have  power  to  review  the
    20  facts  and  the  law,  but shall not consider any evidence which was not
    21  presented to the hearing officer, and shall have  power  to  reverse  or
    22  modify any judgment appealed from for error of fact or law.
    23    (d)  Appeals shall be made without the appearance of the appellant and
    24  appellant's attorney unless the presence of either or both are requested
    25  by the appellant, appellant's attorney, appellant's parent  or  guardian
    26  if  appellant is a minor, or the appeals board. Within twenty days after
    27  a request for an appearance, made by or for the  appellant,  appellant's
    28  attorney  or  the  board,  the bureau shall advise the appellant, either
    29  personally or by first class mail, of the date on which he or she  shall
    30  appear.  The  appellant  shall be notified in writing of the decision of
    31  the appeals board.
    32    (e) A party may request and obtain a record of the proceedings result-
    33  ing in a determination for which an appeal  is  sought,  but  the  party
    34  shall pay to the bureau the cost of providing such record. When a record
    35  is  timely  requested for the purpose of preparing an appeal, the bureau
    36  shall not thereafter cause the appeal to be heard or submitted less than
    37  ten days after the delivery or mailing of the  record  to  appellant  or
    38  appellant's attorney.
    39    (f)  The  service of a notice of appeal shall not stay the enforcement
    40  of an order appealed from unless the appellant shall have posted a  bond
    41  in,  or  shall  have  paid, the amount of penalties imposed in the order
    42  appealed from within the time period established by rule of  the  bureau
    43  for payment of penalties following entry of such an order.
    44    (g)  No  determination  of a hearing officer which is appealable under
    45  the provisions of this section shall be reviewed in any court unless  an
    46  appeal  has  been  filed and determined in accordance with this subdivi-
    47  sion. When an appeal has been filed, the  order  of  the  appeals  board
    48  shall  be  the  final order of the bureau. Judicial review may be sought
    49  pursuant to article seventy-eight of the civil practice law and rules.
    50    9. Enforcement of judgments. (a) The bureau shall have  the  power  to
    51  enforce  its  final  decisions  and  orders imposing civil penalties for
    52  violations of laws, rules and regulations enforced by it as if they were
    53  money judgments, without court proceedings, in the manner  described  in
    54  this subdivision.
    55    (b)  Any  final  order of the bureau imposing a civil penalty, whether
    56  the adjudication was had by hearing or upon default or otherwise,  shall
        S. 994                             90                            A. 1924
 
     1  constitute a judgment rendered by the bureau which may be entered in the
     2  civil  court of the city of New York or any other place provided for the
     3  entry of civil  judgments  within  the  state,  and,  provided  that  no
     4  proceeding  for  judicial  review shall then be pending, may be enforced
     5  without court proceedings in the same manner as the enforcement of money
     6  judgments entered in civil actions. A final order against any person  or
     7  persons  shall  be a bar to the criminal prosecution of, and in the case
     8  of a minor,  juvenile  offender  proceedings  against,  said  person  or
     9  persons for conduct upon which the order was based.
    10    (c)  Notwithstanding  paragraphs  (a) and (b) of this subdivision: (1)
    11  Before a judgment based upon a default may be so entered the bureau must
    12  have attempted to notify the respondent by first  class  mail,  in  such
    13  form as the bureau may direct: (i) of the default decision and order and
    14  the  penalty  imposed; (ii) that a judgment will be entered in the civil
    15  court of the city of New York or any other place provided for the  entry
    16  of  civil  judgments within the state; and (iii) the entry of such judg-
    17  ments may be avoided by requesting a stay  of  default  for  good  cause
    18  shown and either requesting a hearing or entering a plea pursuant to the
    19  rules of the bureau within thirty days of the mailing of such notice.
    20    (2)  Upon receipt by the bureau of a copy of an order to show cause in
    21  lieu of a notice of petition, or of a notice of petition, served upon it
    22  in a proceeding for judicial review of any final  order  of  the  bureau
    23  which  constitutes a judgment which may be entered in the civil court of
    24  the city of New York or any other place provided for the entry of  civil
    25  judgments  within  the state, the bureau shall forthwith serve by first-
    26  class mail the attorney for the petitioner in such proceeding, or if the
    27  petitioner has initiated the proceeding pro se, the petitioner,  with  a
    28  notice  stating  whether or not a judgment was entered in any such court
    29  or other place provided for the entry  of  civil  judgments  within  the
    30  state  prior to the pendency of such proceeding for judicial review.  If
    31  a judgment was so entered,  such  notice  from  the  bureau  also  shall
    32  contain:  (i)  the name and address of the court or other place in which
    33  the judgment was entered, and (ii) identification of the judgment  book,
    34  index  number, docket number, date of entry, other information or combi-
    35  nation of the foregoing, sufficient for  the  petitioner's  attorney  in
    36  such  proceeding,  or for the petitioner pro se, to locate such entry of
    37  judgment according to the indexing system utilized by the court or other
    38  place in which the judgment was entered. Proof of service of such notice
    39  from the bureau shall be filed by the bureau with the court in which the
    40  proceeding for judicial review is pending at the same time as the filing
    41  with the court of the bureau's first legal papers  in  such  proceeding.
    42  The  court  in which the proceeding for judicial review is pending shall
    43  not accept for filing the bureau's first legal papers in such proceeding
    44  unless such legal papers are accompanied by such proof of service.
    45    (d) A judgment entered pursuant to  the  provisions  of  this  section
    46  shall  remain  in full force and effect for eight years, notwithstanding
    47  any other provision of law to the contrary.
    48    10. Funds. All penalties collected pursuant to the provisions of  this
    49  section  shall  be  paid to MTA subways to the credit of a transit crime
    50  fund which MTA subways shall establish.  Any sums in this fund shall  be
    51  used  to  pay  for programs selected by the board of MTA subways, in its
    52  discretion, to reduce the incidence of crimes and infractions on  subway
    53  and  omnibus  facilities,  or to improve the enforcement of laws against
    54  such crimes and infractions. Such funds shall be in addition to and  not
    55  in  substitution  for any funds provided by the state or the city of New
    56  York for such purposes.
        S. 994                             91                            A. 1924
 
     1    § 1269. MTA subways - employees. 1.  The  appointment,  promotion  and
     2  continuance  of  employment  of  all  employees  of MTA subways shall be
     3  governed by the provisions of the civil service law and the rules of the
     4  municipal civil service commission of the city. Employees of any  board,
     5  commission  or department of the city may be transferred to positions of
     6  employment under MTA subways in accordance with the  provisions  of  the
     7  civil  service  law and shall be eligible for such transfer and appoint-
     8  ment without examination to such positions of employment. Employees  who
     9  have  been  appointed  to positions in the service of the city under the
    10  rules of the municipal civil service commission of the city  shall  have
    11  the  same  status  with  respect  thereto after transfer to positions of
    12  employment under MTA subways as they had under their  original  appoint-
    13  ments.  Employees  of  MTA subways shall be subject to the provisions of
    14  the civil service law.
    15    2. Employment by MTA subways shall constitute  city  service  for  the
    16  purposes  of chapter one of title thirteen of the administrative code of
    17  the city of New York and the contributions required to be  made  by  MTA
    18  subways  pursuant  to  section 13-130 of such code shall be an operating
    19  expense of MTA subways.
    20    3. No assignment of, or power of attorney to collect or other  instru-
    21  ment  affecting,  the  whole or any part of his salary or earnings by an
    22  officer or employee of MTA subways, shall in any way operate to  prevent
    23  the  payment  of  such  salary  or  earnings directly to such officer or
    24  employee unless approved in writing by a person duly designated  by  MTA
    25  subways  for such purpose. In the event of the payment of such salary or
    26  earnings directly to  such  officer  or  employee,  notwithstanding  the
    27  existence  of an assignment of, or power of attorney to collect or other
    28  instrument affecting, the whole or part thereof, not  approved  by  such
    29  designated  person,  no  person  shall have any cause of action therefor
    30  against MTA subways for the recovery of any moneys  by  virtue  of  such
    31  unapproved assignment, power of attorney to collect or other instrument.
    32  Any  such  assignment, power of attorney or other instrument filed here-
    33  after with MTA subways shall contain the name of the officer or employee
    34  affected thereby and his title or the position in which he is  employed.
    35  MTA  subways  shall be entitled to receive a fee of two dollars upon the
    36  filing of such assignment, power of attorney or other instrument. In the
    37  event that such  assignment,  power  of  attorney  or  other  instrument
    38  contains  a  provision  to the effect that the same shall be ineffective
    39  unless subsequent written  notice  is  given  to  MTA  subways  to  make
    40  deductions,  the  filing fee shall be fifty cents; and the filing fee of
    41  any such subsequent written notice to make deductions in accordance with
    42  the terms of any such assignment, power of attorney or other  instrument
    43  shall  be one dollar and fifty cents. The filing fee of any other notice
    44  or paper relating to any such assignment, power  of  attorney  or  other
    45  instrument shall be one dollar.
    46    §  1269-a. MTA subways and MTA bus - flexible benefits program. 1. For
    47  purposes of this section, the following terms shall have  the  following
    48  meanings:
    49    (a) "Code" shall mean the United States internal revenue code of nine-
    50  teen  hundred eighty-six, as amended, and regulations promulgated there-
    51  under.
    52    (b) "Employee" shall mean any  officer  or  employee  of  any  of  MTA
    53  subways  who  is not eligible to receive benefits from the New York city
    54  employee benefits program and any officer or employee of MTA  buses  who
    55  immediately  preceding such employment was an officer or employee of the
    56  former New York city transit authority or the former Manhattan and Bronx
        S. 994                             92                            A. 1924
 
     1  surface transit operating authority and who was not eligible to  receive
     2  benefits from the New York city employee benefits program.
     3    For  purposes  of this section, an independent contractor shall not be
     4  considered an employee.
     5    (c) "Flexible benefits program" shall  mean  the  program  established
     6  pursuant  to  this section, qualifying as a cafeteria plan as defined in
     7  section one hundred twenty-five of the code  or  any  successor  section
     8  thereto providing similar benefits, and provided as a part of an employ-
     9  ee benefits program administered by MTA subways.
    10    (d)  "Program  administrator"  shall mean that agent, as determined by
    11  MTA subways, responsible for the maintenance and management of the flex-
    12  ible benefits program as authorized in subdivision two of this section.
    13    2. MTA subways is authorized to establish  and  implement  a  flexible
    14  benefits  program for its employees and the employees of MTA bus who are
    15  not eligible to receive benefits from the New York city  employee  bene-
    16  fits  program, consistent with applicable provisions of the code. It may
    17  enter into agreements with persons or entities to act as program  admin-
    18  istrators  of  the  flexible  benefits program. It shall establish regu-
    19  lations for the appropriate administration  of  such  flexible  benefits
    20  program.
    21    3.  At the request of an employee, the chief fiscal officer of MTA bus
    22  or MTA subways, or the officer responsible for the administration of MTA
    23  bus' or MTA subways' payroll, shall, by payroll  deduction,  adjust  the
    24  payment  of  the  compensation of such employee as provided in a written
    25  statement by the employee in connection with the establishment and main-
    26  tenance of the flexible benefits program as  authorized  by  subdivision
    27  two  of  this  section, and shall transfer the amount so adjusted to the
    28  authorized program administrator.
    29    4. Moneys held for employees in any accounts established  pursuant  to
    30  the  flexible benefits program, as authorized in subdivision two of this
    31  section, shall be held by the program administrator  as  agent  for  the
    32  participating  employee,  shall  be  accounted  for separately and shall
    33  remain the property of MTA bus or MTA subways,  as  applicable,  to  the
    34  extent  required  by  the code. Notwithstanding any law to the contrary,
    35  moneys may be paid out of such accounts  without  any  appropriation  by
    36  law.  Any unexpended balances in such accounts at the end of a plan year
    37  as that term is defined by the United States  internal  revenue  service
    38  shall  be returned to the control of MTA bus or MTA subways, as applica-
    39  ble, to the extent required by the code.
    40    5. To the extent permitted by the code, any salary deduction or defer-
    41  ral to an employee  under  the  flexible  benefits  program  established
    42  pursuant  to  this  section  shall be considered part of such employee's
    43  annual compensation for the purpose of computing  pension  contributions
    44  and  retirement  benefits  by any retirement system or plan to which MTA
    45  bus or MTA subways contributes on behalf of said employee. However, this
    46  subdivision shall in no way be construed to supersede the provisions  of
    47  sections  four  hundred  thirty-one, five hundred twelve and six hundred
    48  eight of the retirement and social security law  or  any  other  similar
    49  provision  of  law which limits the salary base for computing retirement
    50  benefits payable by a public retirement system.
    51    § 1270. MTA subways - actions against MTA subways.    Actions  against
    52  MTA  subways  must  be brought pursuant to section twelve hundred sixty-
    53  three of this title except that the rate of interest  shall  not  exceed
    54  three per centum per annum.
    55    §  1270-a. MTA subways - rapid transit law. During any period when the
    56  transit authority lease is in existence:
        S. 994                             93                            A. 1924
 
     1    1. Articles five and eight and sections ten, eleven, twelve, thirteen,
     2  fourteen, fifteen, seventeen, thirty,  thirty-two,  thirty-six,  thirty-
     3  six-a,  thirty-seven, and thirty-eight of the rapid transit law shall be
     4  suspended.
     5    2.  Articles  one,  three,  six,  seven and nine and sections sixteen,
     6  sixteen-a, thirty-one, thirty-three, thirty-four and thirty-five of  the
     7  rapid  transit  law  shall  continue in force and effect and MTA subways
     8  shall have and exercise all the functions, powers and duties  heretofore
     9  exercised  by  the  board  of transportation, or any members or officers
    10  thereof, under such articles and sections, provided, however, that where
    11  the provisions of this title shall  be  inconsistent  with  any  of  the
    12  provisions  of  such articles or sections of such law, the provisions of
    13  this title shall govern and control.
    14    § 1270-b. MTA subways -  construction  of  terms.  Whenever  the  term
    15  public  service  commission,  or board of rapid transit railroad commis-
    16  sioners, or transit construction commissioner, or transit commission  or
    17  board  of transportation, occurs in any law, contract or document relat-
    18  ing to facilities conveyed to MTA subways  or  their  operation  or  any
    19  other  duty  imposed upon MTA subways pursuant to this title, or when in
    20  any law, contract or document reference  is  made  to  such  commission,
    21  board,  commissioner, or board of transportation in connection with such
    22  facilities, operations or duties whereof was so conveyed, such  term  or
    23  reference  shall  be  deemed to refer to and include MTA subways, to the
    24  extent consistent with the provisions of such law, contract or document.
    25  For the purposes of subdivision four of section fifty  of  the  workers'
    26  compensation  law,  the  term  other  political subdivision of the state
    27  shall be deemed to refer to and  include  MTA  subways  and  MTA  Staten
    28  Island rail. For the purposes of section three hundred twenty-one of the
    29  vehicle  and  traffic  law,  the term any political subdivision shall be
    30  deemed to refer to and include MTA subways and MTA Staten Island rail.
    31    § 1270-c. MTA subways - continuity of jurisdiction. MTA subways  shall
    32  be  deemed  and  held to constitute a continuation, as to matters within
    33  its jurisdiction, of the board of  transportation  for  the  purpose  of
    34  succession to the rights, powers, duties and obligations of the board of
    35  transportation  transferred  to  such authority. Upon the termination of
    36  the transit authority lease,  all  the  rights  and  properties  of  MTA
    37  subways shall pass to the city and the city shall succeed to the rights,
    38  powers, duties and obligations of MTA subways.
    39    §  1271.  MTA bus - creation. 1. There is hereby created, as a subsid-
    40  iary of the authority, a  body  corporate  and  politic  constituting  a
    41  public benefit corporation to be known as "MTA bus".
    42    2.  MTA  bus,  the  corporation  created  by  subdivision  one of this
    43  section, MTA Bus Company, a subsidiary of the authority,  that  part  of
    44  the  New York city transit authority, the corporation created by chapter
    45  five hundred seventy-nine of the laws of nineteen hundred fifty-five, as
    46  amended, which related  to  the  omnibus  services  of  such  authority,
    47  Manhattan and Bronx Surface Transit Operating Authority, the corporation
    48  created  by  chapter  one  hundred  sixty-three  of the laws of nineteen
    49  hundred sixty-two, as amended, and Metropolitan Suburban Bus  Authority,
    50  a  subsidiary  of  the  authority, are hereby consolidated into a single
    51  corporation, which shall be a continuance of the corporate existence  of
    52  the corporation and authorities so consolidated.
    53    3.  In this section the words "original authorities" refers to MTA Bus
    54  Company, New York city transit authority, Manhattan  and  Bronx  surface
    55  transit operating authority and metropolitan suburban bus authority, and
        S. 994                             94                            A. 1924
 
     1  the  words  "consolidated  corporation"  refer to the single corporation
     2  resulting from consolidation.
     3    4.  The  board  of MTA bus shall be the board of the authority and all
     4  powers of the consolidated corporation shall be vested in and  exercised
     5  by said board.
     6    5. All property, rights and powers of the former New York city transit
     7  authority  which  related to the omnibus services of such authority, and
     8  of the other original authorities are hereby  vested  in  and  shall  be
     9  exercised  by  the  consolidated  corporation,  subject, however, to all
    10  pledges, covenants,  agreements  and  trusts  made  or  created  by  the
    11  original authorities.
    12    6.  (a)  All debts, liabilities, obligations, agreements and covenants
    13  of the former New York city transit authority are hereby imposed jointly
    14  and severally upon the consolidated corporation and MTA subways.
    15    (b) All debts, liabilities, obligations and  covenants  of  the  three
    16  other  original  authorities  are  hereby  imposed upon the consolidated
    17  corporation.
    18    7. (a) All bondholders and other creditors of the former New York city
    19  transit authority and persons having claims against  or  contracts  with
    20  New  York  city  transit  authority of any kind or character may enforce
    21  such debts, claims and  contracts  jointly  and  severally  against  the
    22  consolidated  corporation  and  MTA bus in the same manner as they might
    23  have against New York city transit authority and the rights and remedies
    24  of such bondholders, creditors and persons having  claims  or  contracts
    25  shall not be limited or restricted in any manner by this title.
    26    (b)  All  bondholders  and other creditors of the three other original
    27  authorities and persons having claims against  or  contracts  with  such
    28  original  authorities  of  any kind or character may enforce such debts,
    29  claims and contracts against the consolidated corporation  in  the  same
    30  manner  as  they  might  have  against such original authorities and the
    31  rights and remedies of such bondholders, creditors  and  persons  having
    32  claims  or contracts shall not be limited or restricted in any manner by
    33  this title.
    34    8. In continuing the functions and carrying out the  contracts,  obli-
    35  gations  and duties of the original authorities, the consolidated corpo-
    36  ration is hereby authorized to act in its own name or in the name of the
    37  original authorities as may be convenient or advisable.
    38    9. All employees of the former New York city transit authority and  of
    39  the  three  other  original authorities who were in positions, as deter-
    40  mined by the authority, which were principally involved in  the  omnibus
    41  services  of  such  authority shall become employees of the consolidated
    42  corporation. Nothing in this title shall affect the civil service status
    43  of employees of the former New York  city  transit  authority  or  their
    44  rights, privileges, obligations or status with respect to any pension or
    45  retirement system.
    46    10.  The  consolidated  corporation  and its corporate existence shall
    47  continue until all its liabilities have been met  and  its  other  obli-
    48  gations  have been paid in full or such liabilities or other obligations
    49  have otherwise been discharged, including bonds, notes and  other  obli-
    50  gations  issued by the authority that are payable in whole or in part by
    51  revenues of MTA bus and MTA subways. When all  liabilities  incurred  by
    52  MTA  bus  of  every  kind  and character have been met and all its other
    53  obligations have been paid in full, including  bonds,  notes  and  other
    54  obligations issued by the authority that are payable in whole or in part
    55  by  revenues  of  MTA  bus and MTA subways, or such liabilities or other
    56  obligations have otherwise been discharged, all rights and properties of
        S. 994                             95                            A. 1924
 
     1  MTA bus that are subject to the master lease with the city shall pass to
     2  and be vested in the city and all other rights and properties of MTA bus
     3  shall pass to and be vested in any entity determined by the board.
     4    § 1271-a. MTA bus - purposes. 1. In addition to the purposes set forth
     5  in section twelve hundred sixty-d of this title, the purposes of MTA bus
     6  shall  be  the operation of certain transportation facilities within the
     7  metropolitan commuter transportation district created by section  twelve
     8  hundred sixty-two of this title through the establishment of, the acqui-
     9  sition  of  and/or  assumption  of  operational  responsibility for such
    10  transportation facilities for the convenience and safety of  the  public
    11  pursuant  to  the powers conferred hereunder on a basis that will enable
    12  the operations thereof, exclusive of capital costs, to be  self-sustain-
    13  ing,  and,  in coordination with the authority, the continuance, further
    14  development and improvement of commuter transportation and other service
    15  related thereto within the transportation district and  the  development
    16  and  implementation  of  a  unified  mass transportation policy for such
    17  district.
    18    2. It is hereby found and declared  that  such  purposes  are  in  all
    19  respects for the benefit of the people of the state and MTA bus shall be
    20  regarded  as  performing  an essential governmental function in carrying
    21  out its corporate purpose in  exercising  the  powers  granted  by  this
    22  title.
    23    3. Notwithstanding the provisions of any general, special or local law
    24  to  the contrary, each political subdivision of the state, municipality,
    25  commission, public benefit corporation, agency,  department  or  private
    26  entity  operating,  or  authorized to operate, omnibus facilities within
    27  said district ("omnibus provider")  is  hereby  authorized  pursuant  to
    28  section twelve hundred seventy-one-b of this title to transfer responsi-
    29  bility for the ownership and/or operation of any such omnibus facilities
    30  to MTA bus upon terms mutually satisfactory to such omnibus provider and
    31  MTA bus.
    32    §  1271-b.  MTA  bus  -  omnibus facilities. 1. MTA bus shall have the
    33  right to incur capital costs of any nature in its own  name  or  in  the
    34  name  of  the authority or MTA bridges and tunnels (to the extent either
    35  funds such capital costs) to the extent that capital funds are available
    36  to it for expenditures of such nature pursuant to any provision of  law,
    37  which capital costs shall not be payable by the city.
    38    2.  No  provision  in  the existing leases, as such term is defined in
    39  section twelve hundred sixty-eight-b of  this  title,  now  existing  or
    40  hereafter made, shall purport to limit or restrict or have the effect of
    41  limiting or restricting, the power granted to MTA bus to manage, control
    42  or direct the maintenance and operation of the omnibus facilities or the
    43  fares or service thereof.
    44    3.  Such  existing leases or any amendments thereto hereafter made may
    45  contain provisions relating to the use and occupancy by MTA bus of  real
    46  property  now or hereafter owned or leased by the city, on such terms as
    47  may be mutually agreed upon by the city and MTA bus, and may provide for
    48  or authorize surrenders to the city of property no  longer  required  by
    49  the MTA bus.
    50    4. The city and MTA bus are hereby authorized and empowered to make or
    51  enter  into  any  contracts,  agreements,  deeds, leases, conveyances or
    52  other instruments as may be necessary or appropriate to  effectuate  the
    53  purposes  of this title and they shall have complete power and authority
    54  to do and to authorize the doing of all things, incidental, desirable or
    55  necessary to implement the provisions of this section, including without
    56  limitation, any renewal or amendment of  the  existing  leases  on  such
        S. 994                             96                            A. 1924
 
     1  additional  terms  and  conditions, not inconsistent with law, as may be
     2  approved by the city and MTA bus.
     3    5.  MTA bus, with respect to omnibus facilities, shall take possession
     4  and control of such facilities and other property transferred under  the
     5  existing  leases together with all contracts, books, maps, plans, papers
     6  and records of or in the possession of the city of whatever description,
     7  incidental to or necessary for the operation of  the  facilities  trans-
     8  ferred  by such agreement or the performance of the duties of MTA bus as
     9  provided by this title.
    10    6. Notwithstanding the provisions of this title  or  of  any  general,
    11  special or local law to the contrary, the city and the MTA bus may enter
    12  into  an  agreement which shall provide that any omnibus lines hereafter
    13  acquired by the city may be leased by the city for operation and mainte-
    14  nance to MTA bus. The status of such officers and employees as shall  be
    15  taken into the service of MTA bus, including those who had been employed
    16  by  the former owner of any such omnibus lines, shall be governed exclu-
    17  sively by the provisions of paragraph (d) of subdivision one of  section
    18  twelve hundred seventy-one-c of this title.
    19    7.  The  lease and operating agreement made as of the fifteenth day of
    20  January, nineteen hundred seventy-three, by and between  the  county  of
    21  Nassau   and  metropolitan  suburban  bus  authority,  as  supplemented,
    22  amended, or renewed and the tenancies created thereby are referred to in
    23  this section as "the existing Nassau lease". The existing  Nassau  lease
    24  is hereby ratified and shall continue in full force and effect according
    25  to  its  terms  except  that  MTA bus shall succeed to the interests and
    26  obligations of the metropolitan suburban bus authority thereunder.
    27    8. (a) MTA bus may enter into one or more agreements with  each  poli-
    28  tical subdivision of the state, municipality, commission, public benefit
    29  corporation, agency, or department, and any private entity operating, or
    30  authorized  to  operate,  omnibus  facilities  within  said metropolitan
    31  commuter transportation district at any time after  January  first,  two
    32  thousand  four  ("omnibus  provider")  for  the acquisition by contract,
    33  lease or otherwise, with or without consideration, of all or any part of
    34  the omnibus facilities. Any such agreement shall be by instruments  duly
    35  authorized  by  the  governing  body of each of such entities or, in the
    36  case of the city of New York, by the mayor, shall authorize MTA  bus  to
    37  take  jurisdiction,  control, possession and supervision of such omnibus
    38  facilities, materials, and supplies  upon  a  date  certain,  and  shall
    39  provide  for  the transfer of such facilities by deed, lease, license or
    40  other arrangement. Each such agreement entered  into  pursuant  to  this
    41  subdivision shall provide that MTA bus shall have the use and possession
    42  of all property necessary for the operation of those omnibus facilities.
    43  No  provision in any agreement entered into pursuant to this subdivision
    44  shall purport to limit or restrict or have the  effect  of  limiting  or
    45  restricting,  the power granted MTA bus to manage, control or direct the
    46  maintenance and operation of such omnibus facilities  or  the  fares  or
    47  service thereof.
    48    (b) Upon the filing by MTA bus with the clerk of the city or the clerk
    49  of any other relevant jurisdiction and/or the secretary of state, a copy
    50  of  the  instruments  and documents effectuating such transfers, MTA bus
    51  shall take possession and control of the omnibus  facilities  and  other
    52  property  transferred  thereby together with all contracts, books, maps,
    53  plans, papers and records of or in the possession of the omnibus provid-
    54  er, as the case may be, of whatever description, incidental to or neces-
    55  sary for the operation of the facilities transferred by  such  agreement
    56  or the performance of the duties of MTA bus as provided by this section.
        S. 994                             97                            A. 1924
 
     1    9.  Notwithstanding  any  other provision of law to the contrary, with
     2  respect to interests in transportation facilities conveyed to MTA bus in
     3  accordance with this section, MTA bus in occupancy or possession of such
     4  facility shall be deemed its sole owner with respect to all  obligations
     5  and liabilities imposed by law on property owners.
     6    §  1271-c.  MTA bus - general powers. 1. MTA bus shall have all of the
     7  powers vested in the authority by the provisions of  this  title  except
     8  those  contained in subdivisions three, eight and nine of section twelve
     9  hundred sixty-e and subdivisions three and  fifteen  of  section  twelve
    10  hundred  sixty-f  of  this  title, provided, however, that MTA bus shall
    11  have the power to contract indebtedness in connection with obtaining  or
    12  securing  insurance  liabilities  for  its own account or in conjunction
    13  with other MTA  agencies,  including  the  power  to  make  payments  in
    14  connection  with  bonds  and  notes  issued  pursuant  to section twelve
    15  hundred sixty-two-d of this title. In addition, MTA bus shall  have  the
    16  following powers:
    17    (a)  Pursuant  to the provisions of this section, to own, maintain and
    18  operate its omnibus lines and any omnibus lines transferred to it by any
    19  other person or entity.
    20    (b) To make, amend and repeal rules governing the conduct  and  safety
    21  of  the public as it may deem necessary, convenient or desirable for the
    22  use and operation of the  omnibus  facilities  under  its  jurisdiction,
    23  including without limitation rules relating to the protection or mainte-
    24  nance  of  such  facilities,  the  conduct and safety of the public, the
    25  payment of fares or other lawful charges for the use of such facilities,
    26  the presentation or display of documentation  permitting  free  passage,
    27  reduced  fare  passage  or  full fare passage on such facilities and the
    28  protection of the revenue of the authority.  Violations  of  such  rules
    29  shall  be  an  offense  punishable  by  a fine not exceeding twenty-five
    30  dollars or by imprisonment for not longer than ten days, or both, or may
    31  be punishable by the  imposition  by  the  transit  adjudication  bureau
    32  established  pursuant to the provisions of this title of a civil penalty
    33  in an amount for each  violation  not  to  exceed  one  hundred  dollars
    34  (exclusive  of interest or costs assessed thereon), in accordance with a
    35  schedule of such penalties as may from time to time  be  established  by
    36  rules  of  the authority. Such schedule of penalties may provide for the
    37  imposition of additional penalties, not  to  exceed  a  total  of  fifty
    38  dollars  for  each  violation,  upon  the failure of a respondent in any
    39  proceeding commenced with respect to any such violation to  make  timely
    40  response  to  or  appearance in connection with a notice of violation of
    41  such rule or to any subsequent notice or order issued by  the  authority
    42  in  such  proceeding.  There shall be no penalty or increment in fine by
    43  virtue of a respondent's timely exercise of his right to  a  hearing  or
    44  appeal.  The  rules may provide, in addition to any other sanctions, for
    45  the confiscation of tokens, tickets, cards or other fare media that have
    46  been forged, counterfeited, improperly altered or transferred, or other-
    47  wise used in a manner inconsistent with such rules.
    48    (c) To establish, by written notice to the mayor  not  less  than  ten
    49  days  prior  to operation thereon, omnibus routes in the district where,
    50  on the date of the consolidation referred to in section  twelve  hundred
    51  seventy-one  of this title and on the date of any subsequent transfer to
    52  MTA bus, omnibuses had been operating or had been approved for operation
    53  in accordance with applicable law and to operate omnibus lines on  those
    54  routes.  Operation  of omnibus lines on such routes by MTA bus, together
    55  with any extensions necessary to  provide  complete  service,  shall  be
    56  deemed  to constitute operation over approved routes with the same force
        S. 994                             98                            A. 1924
 
     1  and effect as if such routes had been duly approved in  accordance  with
     2  applicable law. MTA bus shall have the power to operate omnibus lines on
     3  such  other  routes  within  the  metropolitan  commuter  transportation
     4  district  as  may  be  authorized  from  time to time in accordance with
     5  applicable law.  Nothing contained in this paragraph shall be  construed
     6  to  limit the power of MTA bus to modify, discontinue, curtail or change
     7  routes where the convenience and safety of the public  would  be  served
     8  thereby or where existing routes are inefficient or uneconomical.
     9    (d)  To  appoint  and  employ  such  officers  and employees as it may
    10  require for the performance of its duties,  and  to  fix  and  determine
    11  their   qualifications,  duties  and  compensation,  to  grant,  in  its
    12  discretion, cash payments to the surviving spouse or to the legal repre-
    13  sentatives of its deceased employees,  equal  to  the  current  monetary
    14  value  of accumulated and unused vacation time, if any, and the monetary
    15  value of accumulated and unused overtime, if any, for overtime which was
    16  worked and credited  subsequent  to  June  fifteenth,  nineteen  hundred
    17  fifty-three,  computed  at  the rate of salary in effect at the time the
    18  overtime was worked, standing to the credit of its employees as  of  the
    19  time  of  their death and, notwithstanding the provisions of section one
    20  hundred thirty-five of the civil service law or any other state or local
    21  law to the contrary, to grant,  in  its  discretion,  severance  pay  to
    22  surplus employees on separation from service.
    23    (i) Transferred Employees:
    24    (A)  Upon  consolidation  of  ownership  and/or responsibility for the
    25  operation of the omnibus lines and facilities owned or operated  by  the
    26  New York city transit authority, the Manhattan and Bronx surface transit
    27  operating authority, the metropolitan suburban bus authority and the MTA
    28  bus  company  into MTA bus, as provided by section twelve hundred seven-
    29  ty-one of this title, the employees of each such authority who  were  in
    30  positions,  as  determined  by  the  authority,  which  were principally
    31  involved in the omnibus services of such authority shall become  employ-
    32  ees of MTA bus.
    33    (B)  Upon operation of any other omnibus lines and facilities pursuant
    34  to an agreement authorized by subdivision nine of section twelve hundred
    35  seventy-one-b of this title, employees who were represented by a collec-
    36  tive bargaining representative and were in positions which were  engaged
    37  in the operation of omnibus services and any other employees who, as set
    38  forth  in  such  agreement,  were in positions which were engaged in the
    39  operation of omnibus services shall become employees of MTA bus.
    40    (C) Any public officer or employee under civil service transferred  to
    41  MTA  bus from any omnibus provider or otherwise selected for appointment
    42  by MTA bus shall be eligible for such transfer and  appointment  without
    43  examination  to  comparable  offices, positions and employment under MTA
    44  bus. MTA bus shall pay the salary or compensation of any such officer or
    45  employee after such transfer. All such officers and employees  who  have
    46  been  appointed  to positions under the rules and classifications of the
    47  civil service commission shall have the same status with respect thereto
    48  and after transfer to MTA bus as they had under their original  appoint-
    49  ments.
    50    (D)  Upon appointments made by transferring an entire group of employ-
    51  ees to MTA bus, thereby eliminating such group  of  employees  from  the
    52  transferring  entity,  MTA bus shall recognize the representative previ-
    53  ously chosen by those employees for the purposes of  collective  negoti-
    54  ations  consistent  with  the  bargaining  units already established and
    55  shall also assume and continue to observe any existing  labor  contracts
    56  (including  the  terms  of labor contracts, duly entered pursuant to the
        S. 994                             99                            A. 1924
 
     1  provisions of article fourteen of the civil service law  or  of  29  USC
     2  §§151  through  169,  that  have expired but whose terms are extended by
     3  operation of law, or where the parties thereto had continued to abide by
     4  the  terms  of  such  contracts) covering those employees including such
     5  provisions which relate to the grievance and disciplinary procedures and
     6  interest arbitration, provided that nothing contained in  this  subpara-
     7  graph shall be construed to supersede the provisions of article fourteen
     8  of the civil service law as they relate to expired contracts. Subsequent
     9  to  the  employees'  transfers  to  MTA  bus, MTA bus and the collective
    10  bargaining representatives shall be authorized to negotiate a merger  of
    11  the  separate bargaining units.  Should no agreement be reached, MTA bus
    12  and/or the collective bargaining representatives may petition the public
    13  employment relations board created under section two hundred five of the
    14  civil service law to resolve any dispute relating to the  representation
    15  status of employees of MTA bus.
    16    (ii)  For  the  appointment of new employees to entry level positions,
    17  MTA bus shall utilize a fair and nondiscriminatory  competitive  process
    18  to be determined at the discretion of MTA bus. Officers and employees of
    19  MTA bus shall not become, for any purpose, employees of any other entity
    20  and  shall not acquire civil service status or become members of the New
    21  York city or state and local employees' retirement  systems,  except  as
    22  set  forth below in paragraphs (b) and (c) of subdivision two of section
    23  twelve hundred seventy-one-f of this title.  However,  for  purposes  of
    24  subparagraph  (i)  of  paragraph  three of subsection (c) of section six
    25  hundred twelve of the tax law, officers and employees of MTA  bus  shall
    26  be deemed to be officers and employees of a subdivision of the state.
    27    (e)  With the consent of the MTA agencies, to use officers, employees,
    28  agents and facilities of any such MTA agency and to reimburse  such  MTA
    29  agency therefor.
    30    (f)  With  the consent of the city, to use officers, employees, agents
    31  and facilities of the city paying to the city an  agreed  proportion  or
    32  amount of the compensation or costs involved.
    33    (g)  To  retain  or  employ  counsel,  auditors, engineers and private
    34  consultants on a contract basis or otherwise for rendering  professional
    35  or technical services and advice.
    36    (h)  Pursuant  to  the  provisions of this title, to construct, recon-
    37  struct, improve, maintain and operate any omnibus facility, whether  now
    38  existing, or constructed, acquired or provided in the future, and to fix
    39  fares on any such omnibus facilities.
    40    (i)  To  construct,  reconstruct, improve, maintain and operate build-
    41  ings, structures and facilities as may be necessary or convenient and to
    42  maintain and operate, directly or enter into contracts or leases for the
    43  acquisition, maintenance, and operation of  areas  for  the  parking  of
    44  motor  vehicles  in  the  vicinity of its omnibus facilities, and in its
    45  discretion to fix and charge for such parking a  combination  fee  which
    46  shall include the established rate of fare for use of its omnibus facil-
    47  ities.
    48    (j)  To  make  or  enter  into  contracts,  agreements, deeds, leases,
    49  conveyances or other instruments necessary or convenient, and to  assist
    50  and cooperate with the other MTA agencies to carry out the powers of the
    51  other  MTA  agencies  in  furtherance  of  their  purposes and powers as
    52  provided in this article,  including,  without  limitation,  the  trans-
    53  actions  described  in  sections  twelve hundred sixty-g, twelve hundred
    54  sixty-two-h, twelve hundred sixty-two-i and twelve hundred sixty-six  of
    55  this  title.  This  power shall include the power to make contracts with
    56  other persons operating transportation facilities for combined fares for
        S. 994                             100                           A. 1924
 
     1  the use of such facilities and the omnibus facilities  operated  by  MTA
     2  bus and for the division of such fares.
     3    (k)  Subject  to  the  existing leases as such term is used in section
     4  twelve hundred seventy-one-b of this title, to surrender to  the  appro-
     5  priate  political  subdivision  of  the state, municipality, commission,
     6  public benefit corporation, agency, department or private entity proper-
     7  ty no longer required by MTA bus.
     8    (l) To rent space and grant concessions on or in any omnibus or  other
     9  facility  under  its  jurisdiction,  to fix and collect rentals, fees or
    10  other charges therefor, and to contract for the sale or  disposition  of
    11  waste, products or by-products incidental to its operations or in excess
    12  of its requirements.
    13    (m) Notwithstanding the provisions of sections 120.20, 120.25, 145.00,
    14  145.05,  145.10,  145.15,  145.20,  and  240.30  of the penal law or the
    15  provisions of any general, special or local law, code,  ordinance,  rule
    16  or  regulation to the contrary MTA bus may erect signs or other printed,
    17  painted or advertising matter on any property, including elevated struc-
    18  tures, leased or operated by it or otherwise under its jurisdiction  and
    19  control  and may rent, lease or otherwise sell the right to do so to any
    20  person, private or public.
    21    (n) To establish and publish or cause to be  published  schedules  for
    22  all  its  omnibus  services.  Such schedules shall include the estimated
    23  departure and arrival time at each terminal point of each  route  except
    24  that, on lines where the headway time during the period between six A.M.
    25  and  seven P.M. is less than ten minutes, such headway time alone may be
    26  listed for that period.   Such schedules shall  also  show  the  elapsed
    27  running  time  between the terminal and each station. Schedules shall be
    28  made available at each facility on the applicable route  at  which  fare
    29  media  are sold and shall be posted at each appropriate station operated
    30  by MTA bus.
    31    2. A copy of any report submitted by  MTA  bus  pursuant  to  sections
    32  twenty-eight  hundred, twenty-eight hundred one and twenty-eight hundred
    33  two of this chapter shall be forwarded to the mayor and to the chair  of
    34  the  board  of  supervisors and to the county executive, if any, of each
    35  county within which MTA bus operates.
    36    § 1271-d. MTA bus - advisory council. 1. There is hereby  created  the
    37  MTA bus advisory council, to study, investigate, monitor and make recom-
    38  mendations  with  respect  to  the maintenance and operation of MTA bus.
    39  Such council shall study and investigate all aspects of  the  day-to-day
    40  operations  of  such  corporation, monitor its performance and recommend
    41  changes to improve the efficiency of the operation thereof.
    42    2. Such council shall consist of nine members who shall  be  commuters
    43  who  regularly  use the transportation services of MTA bus. Four of such
    44  members shall be appointed by the governor upon  the  recommendation  of
    45  the  mayor  of the city of New York; four upon the recommendation of the
    46  president of the city council of the city of New York; and one upon  the
    47  recommendation  of  the county executive of the county of Nassau. In the
    48  event MTA bus' operations extend to another county within the  district,
    49  the  county  executive  of  that  county shall recommend a member to the
    50  governor for an additional appointment to the council, thereby expanding
    51  the membership of  the  council.  The  chairperson  shall  be  a  member
    52  selected  by  the membership of the committee. Each of the members shall
    53  serve for a term of two years, provided,  however,  that  of  the  first
    54  appointments, two appointed upon the recommendation of the mayor and two
    55  appointed  upon  the recommendation of the president of the city council
    56  shall serve for a term of one year. Vacancies occurring  other  than  by
        S. 994                             101                           A. 1924
 
     1  expiration  of  term  shall be filled in the same manner as the original
     2  appointments for the balance of the unexpired term.
     3    3.  The members of the council shall receive no compensation for their
     4  services but shall be  reimbursed  for  actual  and  necessary  expenses
     5  incurred in the performance of their duties.
     6    4.  The  council  may  request  and shall receive from any department,
     7  division, board, bureau, commission, agency,  public  authority  of  the
     8  state  or  any political subdivision thereof such assistance and data as
     9  will enable it properly to carry out its activities hereunder and effec-
    10  tuate the purposes set forth in this section.
    11    § 1271-e. MTA bus - rates of fare and levels of service.  1.  MTA  bus
    12  may  establish,  levy and collect or cause to be established, levied and
    13  collected and, in the case of a joint  service  arrangement,  join  with
    14  others  in  the establishment, levy and collection of such fares, tolls,
    15  rentals, rates, charges and other fees as it may deem necessary, conven-
    16  ient or desirable for the use and operation of any omnibus facility  and
    17  related  services  operated by MTA bus or under contract, lease or other
    18  arrangement, including joint service arrangements, with  MTA  bus.  Such
    19  fares,  tolls,  rentals,  rates,  charges and other fees shall be estab-
    20  lished as may in the judgment of MTA bus be necessary  to  maintain  the
    21  operations  of MTA bus on a self-sustaining basis. Said operations shall
    22  be deemed to be on a self-sustaining basis, as required by  this  title,
    23  when  MTA  bus  is  able  to pay from revenue, from any funds granted or
    24  transferred to MTA bus pursuant to any provision of law,  and  from  any
    25  other  funds  or  property  actually available to MTA bus, including the
    26  proceeds of borrowings  for  working  capital  purposes,  the  cost  and
    27  expense  of  keeping the properties and assets of MTA bus in good condi-
    28  tion and repair and the capital and operating expenses of MTA bus. Noth-
    29  ing in this section shall prevent MTA bus from establishing a joint fare
    30  program with MTA subways or any  other  MTA  agency,  which  joint  fare
    31  program  could  provide  for  intermodal  or interagency transfers at no
    32  charge.
    33    2. The fares to be charged on all  omnibus  lines  shall  (i)  at  the
    34  creation  of MTA bus be consistent with the fares previously established
    35  by the New York city transit authority for its omnibus lines; and,  (ii)
    36  thereafter,  be consistent with the fares established by MTA bus for the
    37  omnibus lines formerly operated by New York city transit  authority  and
    38  transferred to MTA bus.
    39    3.  Upon the written request of the mayor of the city of New York, or,
    40  outside the city of New York, any other elected official with  appropri-
    41  ate  jurisdiction,  MTA  bus  shall permit reduced fares for one or more
    42  classes of omnibus line users designated by the mayor or  other  elected
    43  official  with  appropriate jurisdiction upon the agreement of the city,
    44  other municipality or other political subdivision to assume  the  burden
    45  of  the  resulting differential, together with the attendant administra-
    46  tive costs of MTA bus, pursuant to procedures satisfactory to MTA bus.
    47    4. Notwithstanding the provisions of subdivision one of this  section,
    48  no  general revision of the system of transfers applicable to the use of
    49  all the omnibus facilities and the subways facilities  operated  by  the
    50  former  New  York  city  transit  authority in effect as of March first,
    51  nineteen hundred sixty-eight shall be established  without  the  written
    52  approval of the mayor.
    53    5.  No  acts  or  activities  taken or proposed to be taken by MTA bus
    54  pursuant to the provisions of subdivision one or  two  of  this  section
    55  shall  be  deemed to be "actions" for the purposes or within the meaning
    56  of article eight of the environmental conservation law.
        S. 994                             102                           A. 1924
 
     1    6. (a) No substantial reduction in levels of service operated  by  the
     2  MTA  bus  company shall be made unless approved by resolution adopted by
     3  not less than a majority vote of the whole  number  of  members  of  the
     4  company  then in office, with the chairperson having one additional vote
     5  in  the  event  of  a  tie  vote,  and  only after a public hearing. For
     6  purposes of this paragraph, a substantial reduction in level of  service
     7  shall mean:
     8    (i)  a  reduction  in scheduled service on any omnibus line of twenty-
     9  five percent or more, as measured by daily scheduled bus revenue miles;
    10    (ii) a reduction by one or more hours in the daily span of service  in
    11  which an omnibus line is operational; and
    12    (iii)  the total distance of an omnibus line is reduced by twenty-five
    13  percent or more of the total line miles operated.
    14    (b) For purposes of determining a reduction in a level of  service  as
    15  set  forth  in paragraph (a) of this subdivision, all changes in service
    16  occurring during  the  twelve-month  period  immediately  preceding  the
    17  reduction shall be aggregated.
    18    (c)  With  respect to all changes in omnibus service schedules and all
    19  omnibus route changes, the MTA bus company shall provide written notifi-
    20  cation of the proposed change to any affected community board  prior  to
    21  implementation  of  the  change. Except to the extent otherwise required
    22  pursuant to the provisions of paragraph (a) of this subdivision, nothing
    23  contained herein shall be  deemed  to  require  a  public  hearing  with
    24  respect to any proposed schedule or route change.
    25    (d)  The  provisions  of  this  subdivision shall not apply during the
    26  following circumstances:
    27    (i) construction or maintenance activities affecting  services  on  an
    28  omnibus line;
    29    (ii)  experimental  services  changes  or  demonstration projects of a
    30  duration not anticipated to exceed one hundred eighty days;
    31    (iii) schedule adjustments on account  of  a  public  holiday,  event,
    32  school, calendar or other seasonal adjustments;
    33    (iv) emergencies or other unanticipated service disruptions; or
    34    (v) minor route changes attributable to safety considerations.
    35    (e) Whenever MTA bus causes notices of hearings on proposed changes in
    36  services  or fares to be posted pursuant to this section or any statute,
    37  regulation, or its policy, or where it voluntarily posts  such  notices,
    38  such  notices shall: (a) be written in a clear and coherent manner using
    39  words with common and every day meaning; (b) be captioned in large point
    40  type bold lettering with a title that fairly and accurately conveys  the
    41  basic nature of such change or changes; (c) where such change involves a
    42  proposed  change  in  levels  of fare, include in its title the range of
    43  amounts of fare changes under consideration; (d) contain, to the  extent
    44  practicable,  a concise description of the specific nature of the change
    45  or changes, including but not limited to a concise description of  those
    46  changes  that  affect  the  largest number of passengers; (e) where such
    47  change involves a change in the nature  of  a  route,  contain,  to  the
    48  extent  practicable,  a  clear  graphic  illustration  of such change or
    49  changes; and (f) where such change involves closing  a  bus  stop,  such
    50  notice  shall  be  posted  at the affected bus stop with a clear graphic
    51  illustration depicting the nature of any closing for such bus stop.
    52    7. Notwithstanding any other provision of law, MTA bus shall establish
    53  and implement a half fare rate program for persons with  serious  mental
    54  illness  who  are eligible to receive supplemental security income bene-
    55  fits as defined pursuant to title sixteen of the federal social security
    56  act and section two hundred nine of the social services  law.  The  half
        S. 994                             103                           A. 1924
 
     1  fare  rate program established and implemented pursuant to this subdivi-
     2  sion shall be in operation during all hours in which  MTA  bus  provides
     3  services, and such program shall not be limited in operation to off-peak
     4  hours or to any other hours designated by MTA bus.
     5    §  1271-f.  MTA  bus - employees. 1. Except as provided in subdivision
     6  two of this section, officers and employees  of  MTA  bus  shall  become
     7  members  of  the  authority's  defined  benefit pension plan, which plan
     8  shall include, among others, a retirement  benefits  program  consistent
     9  with  the  terms  of  the  Manhattan and Bronx surface transit operating
    10  authority pension plan (hereinafter "mabstoa pension plan") and have the
    11  same rights, privileges, obligations and status  as  similarly  situated
    12  tier  IV  employees have in the mabstoa pension plan as of the effective
    13  date of this section.
    14    2. (a) Any officer or employee of  the  Manhattan  and  Bronx  surface
    15  transit  operating authority who is a member of the mabstoa pension plan
    16  and who becomes an employee of MTA bus pursuant  to  the  provisions  of
    17  paragraph (d) of subdivision one of section twelve hundred seventy-one-c
    18  of this title shall continue to have all rights, privileges, obligations
    19  and status with respect to such pension plan, as such rights, privileges
    20  and  obligations  exist  as  of  the effective date of this section, but
    21  during the period of employment by MTA bus,  all  contributions  to  any
    22  such  plan  to  be  paid  by  the employer on account of such officer or
    23  employee, shall be paid by MTA bus.
    24    (b) Any officer or employee of the New York city transit authority who
    25  is a member of the New York city employees' retirement  system  and  who
    26  becomes  an  employee of MTA bus pursuant to the provisions of paragraph
    27  (d) of subdivision one of section twelve hundred seventy-one-c  of  this
    28  title  shall  continue  to  have all rights, privileges, obligations and
    29  status with respect to such system as are now prescribed by law, includ-
    30  ing, but not limited to, being deemed a transit authority member for all
    31  purposes under the provisions of chapter one of title  thirteen  of  the
    32  administrative  code  of  the city of New York, but during the period of
    33  employment by MTA bus, all contributions to such system to  be  paid  by
    34  the employer on account of such officer or employee shall be paid by MTA
    35  bus.
    36    (c) Except for officers and employees covered by paragraphs (a) or (b)
    37  of this subdivision, any officer or employee of any other MTA agency who
    38  becomes  an  employee of MTA bus pursuant to the provisions of paragraph
    39  (d) of subdivision one of section twelve hundred seventy-one-c  of  this
    40  title,  and who are members of or beneficiaries under any other existing
    41  pension plan, pension fund or retirement system shall continue  to  have
    42  all  rights,  privileges,  obligations  and  status with respect to such
    43  plan, fund or system as are now prescribed by law, but during the period
    44  of employment by MTA bus all contributions to any  such  plan,  fund  or
    45  system  to be paid by the employer on account of such officer or employ-
    46  ee, shall be paid by MTA bus.
    47    (d) The authority, in its sole discretion, may determine to merge  the
    48  MaBSTOA  pension  plan with its defined benefit pension plan in order to
    49  provide the retirement benefit program set forth in this subdivision.
    50    (e) No assignment of, or power of attorney to collect or other instru-
    51  ment affecting, the whole or any part of his salary or  earnings  by  an
    52  officer  or employee of MTA bus, shall in any way operate to prevent the
    53  payment of such salary or earnings directly to such officer or  employee
    54  unless  approved  in  writing by a person duly designated by MTA bus for
    55  such purpose. In the event of the payment of  such  salary  or  earnings
    56  directly  to  such officer or employee, notwithstanding the existence of
        S. 994                             104                           A. 1924
 
     1  an assignment of, or power of attorney to collect  or  other  instrument
     2  affecting,  the  whole  or part thereof, not approved by such designated
     3  person, no person shall have any cause of action  therefor  against  MTA
     4  bus  for the recovery of any moneys by virtue of such unapproved assign-
     5  ment, power of attorney to collect or other instrument. Any such assign-
     6  ment, power of attorney or other instrument filed hereafter with MTA bus
     7  shall contain the name of the officer or employee affected  thereby  and
     8  his  title  or  the  position  in which he is employed. MTA bus shall be
     9  entitled to receive a fee of two dollars upon the filing of such assign-
    10  ment, power of attorney or other instrument.  In  the  event  that  such
    11  assignment,  power  of attorney or other instrument contains a provision
    12  to the effect that the same shall be ineffective unless subsequent writ-
    13  ten notice is given to MTA bus to make deductions, the filing fee  shall
    14  be fifty cents; and the filing fee of any such subsequent written notice
    15  to  make deductions in accordance with the terms of any such assignment,
    16  power of attorney or other instrument shall  be  one  dollar  and  fifty
    17  cents.  The filing fee of any other notice or paper relating to any such
    18  assignment, power of attorney or other instrument shall be one dollar.
    19    § 1271-g. MTA bus - contracts. Any contract for  public  work  or  any
    20  purchase  contract  on  behalf  of  MTA bus shall be made under the same
    21  terms and conditions as provided in section twelve  hundred  sixty-k  of
    22  this title.
    23    §  1272.  MTA  bus  - actions against MTA bus. Actions against MTA bus
    24  must be brought in compliance and shall be governed  by  section  twelve
    25  hundred sixty-three of this title except that the rate of interest shall
    26  not exceed three per centum per annum.
    27    §  1272-a.  MTA bus - revenue and accounts. 1. MTA bus shall establish
    28  and maintain a system of accounts to show at all times the cost  of  the
    29  several  classes  of property used in operation and the sources of funds
    30  used in the acquisition of such property; the several classes of operat-
    31  ing revenue and other income; maintenance expenses,  interest,  and  all
    32  other charges.
    33    2.  The  city  comptroller shall have the power, from time to time, to
    34  examine the accounts, books and any other records or papers relating  to
    35  the financial condition of MTA bus, which examination shall not preclude
    36  examination of such matters by any other authorized officer or body.
    37    §  1272-b.  MTA  bus  -  construction of terms. 1. Whenever any state,
    38  political  subdivision,  municipality,  commission,   agency,   officer,
    39  department,  board,  division  or person is authorized and empowered for
    40  any of the purposes of this title to cooperate and enter into agreements
    41  with the authority, such  state,  political  subdivision,  municipality,
    42  commission, agency, officer, department, board, division or person shall
    43  have the same authorization and power for any such purposes to cooperate
    44  and enter into agreements with MTA bus.
    45    2.  (a) Whenever any term or reference occurs in any law, contract, or
    46  document relating to any facilities conveyed to MTA bus or the operation
    47  thereof or imposing a duty upon MTA bus  pursuant  to  this  section  or
    48  other law, contract or document, such law, contract or document shall be
    49  deemed  to  apply  to and include MTA bus, to the extent consistent with
    50  the provisions of such law, contract or document.
    51    (b) Except as expressly set forth in this section, whenever  the  term
    52  or reference to "mabstoa" or Manhattan and Bronx surface transit operat-
    53  ing  authority  occurs  in any law, contract or document relating to any
    54  facilities conveyed to MTA bus or the operation thereof or  the  imposi-
    55  tion of any duty related thereto, such term or reference shall be deemed
    56  to refer to and include MTA bus.
        S. 994                             105                           A. 1924
 
     1    (c)  Whenever  the  term  public service commission, or board of rapid
     2  transit railroad commissioners, or transit construction commissioner, or
     3  transit commission or  board  of  transportation,  occurs  in  any  law,
     4  contract or document relating to facilities conveyed to MTA bus or their
     5  operation  or any other duty imposed upon the authority pursuant to this
     6  title, or when in any law, contract or document  reference  is  made  to
     7  such  commission,  board,  commissioner,  or  board of transportation in
     8  connection with such facilities, operations or  duties  whereof  was  so
     9  conveyed, such term or reference shall be deemed to refer to and include
    10  MTA  bus  to  the  extent  consistent  with  the provisions of such law,
    11  contract or document. For the purposes of subdivision  four  of  section
    12  fifty  of the workers' compensation law, the term other political subdi-
    13  vision of the state shall be deemed to refer to and include MTA bus. For
    14  the purposes of section three hundred  twenty-one  of  the  vehicle  and
    15  traffic law, the term any political subdivision shall be deemed to refer
    16  to  and  include  MTA bus. For the purposes of subparagraph (i) of para-
    17  graph three of subsection (c) of section six hundred twelve of  the  tax
    18  law,  the  term  subdivisions,  referring  to subdivisions of the state,
    19  shall be deemed to refer to and include the former Manhattan  and  Bronx
    20  surface transit operating authority and MTA agencies.
    21    §  1273. MTA rail - creation. 1. There is hereby created, as a subsid-
    22  iary of the authority, a  body  corporate  and  politic  constituting  a
    23  public benefit corporation to be known as "MTA rail".
    24    2.  MTA  rail,  the  corporation  created  by  subdivision one of this
    25  section, and the Long Island rail road company and Metro-North  commuter
    26  railroad company, the corporations created by action of the board of the
    27  authority,  are  hereby  consolidated  into  a single corporation, which
    28  shall be a continuance of the corporate existence  of  the  corporations
    29  and authorities so consolidated.
    30    3.  In  this  section,  the words "original authorities" refers to the
    31  Long Island rail road company and Metro-North commuter railroad company,
    32  which are consolidated pursuant  to  subdivision  two  of  this  section
    33  before  their  respective  consolidations,  and  the words "consolidated
    34  corporation" refer to the  single  corporation  resulting  from  consol-
    35  idation.
    36    4.  The  board of MTA rail shall be the board of the authority and all
    37  powers of the consolidated corporation shall be vested in and  exercised
    38  by such board.
    39    5.  All  property,  rights  and powers of the original authorities are
    40  hereby vested in and shall be exercised by the consolidated corporation,
    41  subject, however, to all pledges, covenants, agreements and trusts  made
    42  or created by the original authorities.
    43    6.  All  debts,  liabilities, obligations, agreements and covenants of
    44  the original authorities are hereby imposed upon the consolidated corpo-
    45  ration.
    46    7. All bondholders and other creditors of the original authorities and
    47  persons having claims against or contracts with the original authorities
    48  of any kind or character may enforce such debts,  claims  and  contracts
    49  against  the  consolidated  corporation in the same manner as they might
    50  have against the original authorities, and the rights  and  remedies  of
    51  such bondholders, creditors and persons having claims or contracts shall
    52  not be limited or restricted in any manner by this title.
    53    8.  In  continuing the functions and carrying out the contracts, obli-
    54  gations and duties of the original authorities, the consolidated  corpo-
    55  ration is hereby authorized to act in its own name or in the name of the
    56  original authorities as may be necessary, convenient or desirable.
        S. 994                             106                           A. 1924
 
     1    9. All employees of the original authorities shall become employees of
     2  the  consolidated  corporation.  Nothing  in this title shall affect the
     3  terms and conditions of employment of such employees, or  their  rights,
     4  privileges, obligations or status with respect to any pension or retire-
     5  ment system.
     6    10.  Such corporation and its corporate existence shall continue until
     7  all its liabilities have been met and its obligations have been paid  in
     8  full  or such liabilities or obligations have otherwise been discharged,
     9  including bonds, notes or other obligations issued by the authority that
    10  are payable in whole or in part  by  revenues  of  MTA  rail.  When  all
    11  liabilities  incurred  by MTA rail of every kind and character have been
    12  met and all its obligations have been paid  in  full,  including  bonds,
    13  notes  or  other obligations issued by the authority that are payable in
    14  whole or in part by revenues of MTA rail, or such liabilities  or  obli-
    15  gations have otherwise been discharged, all rights and properties of MTA
    16  rail shall pass to and be vested in the authority.
    17    §  1273-a.  MTA  rail  -  purposes. 1. In addition to the purposes set
    18  forth in section twelve hundred sixty-d of this title, the  purposes  of
    19  MTA  rail  shall  be the acquisition of certain commuter rail facilities
    20  within the district and the operation of such and  other  transportation
    21  facilities  for the convenience and safety of the public pursuant to the
    22  powers conferred under this section and section twelve hundred  seventy-
    23  three-b of this title on a basis which will enable the operations there-
    24  of,  exclusive  of capital costs, to be self-sustaining, and, in coordi-
    25  nation with the authority,  the  continuance,  further  development  and
    26  improvement of commuter transportation and other service related thereto
    27  within  the  transportation district and the development and implementa-
    28  tion of a unified mass transportation policy for such district.
    29    2. It is hereby found and declared  that  such  purposes  are  in  all
    30  respects  for  the benefit of the people of the state and MTA rail shall
    31  be regarded as performing an essential governmental function in carrying
    32  out its corporate purpose in  exercising  the  powers  granted  by  this
    33  title.
    34    §  1273-b.  MTA  rail  -  general  powers. 1. MTA rail is a subsidiary
    35  created pursuant to this title with the powers described in  subdivision
    36  six  of section twelve hundred sixty-f of this title.  MTA rail shall be
    37  entitled to exercise the powers and rights of the authority with respect
    38  to commuter railroads, except that MTA rail shall not have the power  to
    39  contract  indebtedness,  provided, however, that MTA rail shall have the
    40  power to contract indebtedness in connection with obtaining or  securing
    41  insurance  liabilities  for its own account or in conjunction with other
    42  MTA agencies, including the power to make payments  in  connection  with
    43  bonds and notes issued pursuant to section twelve hundred sixty-two-d of
    44  this title.
    45    2.  Notwithstanding  any  other  provisions of law or the terms of any
    46  contract, the authority, in consultation with MTA rail, shall  establish
    47  and  implement  a  no  fare  program  for transportation on MTA rail for
    48  certain police officers employed within the counties served by MTA rail.
    49  In establishing such program, which has as its goal increased protection
    50  and improved safety for its commuters, the authority and MTA rail shall,
    51  among other things, consider: (a) requiring  police  officers  who  ride
    52  without  cost to register with MTA rail as a condition of riding without
    53  cost; (b) requiring such officers to indicate during  such  registration
    54  process  their  regular  working hours and the MTA rail trains that such
    55  officers expect to ride; and (c) periodically renewing the  registration
    56  and  validation information of such officers. The authority and MTA rail
        S. 994                             107                           A. 1924
 
     1  shall also have the power to consider other matters necessary  to  carry
     2  out the goals and objectives of this section.
     3    3. (a) No substantial reduction in levels of service on MTA rail shall
     4  be made unless approved by resolution adopted by not less than a majori-
     5  ty  vote of the whole number of members of MTA rail then in office, with
     6  the chairman having one additional vote in the event of a tie vote,  and
     7  only  after  a  public  hearing.  For  purposes  of  this subdivision, a
     8  reduction in a level of service shall mean:  (i)  a  reduction  of  five
     9  percent  or  more  in  the  total  number  of  scheduled trains operated
    10  system-wide on any day; (ii) a reduction of trains  estimated  to  carry
    11  fifteen  percent  or  more of the total line ridership on any day; (iii)
    12  discontinuance of train service at a station; and (iv)  a  reduction  in
    13  the  scheduled  frequency  of service to a station on any day by twenty-
    14  five percent or more.
    15    (b) The foregoing provisions of  paragraph  (a)  of  this  subdivision
    16  shall  not  apply  during  the following circumstances: (i) experimental
    17  service changes of a duration not  anticipated  to  exceed  one  hundred
    18  eighty  days;  (ii)  construction  or  maintenance  activities affecting
    19  service on a line; (iii) schedule adjustments on  account  of  a  public
    20  holiday  or  seasonal  adjustments; or (iv) emergencies or unanticipated
    21  service disruptions.
    22    (c) Whenever the authority, on behalf of MTA rail, causes  notices  of
    23  hearings  on proposed changes in services or fares to be posted pursuant
    24  to this section or any statute,  regulation,  or  authority  policy,  or
    25  where  it  voluntarily  posts  such  notices, such notices shall: (i) be
    26  written in a clear and coherent manner using words with common and every
    27  day meaning; (ii) be captioned in large point type bold lettering with a
    28  title that fairly and accurately conveys the basic nature of such change
    29  or changes; (iii) where such change involves a proposed change in levels
    30  of fare, include in its title the range of amounts of fare changes under
    31  consideration; (iv)  contain,  to  the  extent  practicable,  a  concise
    32  description  of  the specific nature of the change or changes, including
    33  but not limited to a concise description of those  changes  that  affect
    34  the  largest  number  of  passengers;  (v)  where such change involves a
    35  change in the nature of a route, contain, to the extent  practicable,  a
    36  clear  graphic  illustration  of  such change or changes; and (vi) where
    37  such change involves a partial or complete station closing, such  notice
    38  shall  be  posted  at  the  affected station with a clear graphic illus-
    39  tration depicting the nature of any closing for such station.
    40    § 1273-c. MTA rail - advisory councils. 1. There  are  hereby  created
    41  two  advisory councils for MTA rail - MTA rail advisory council - Metro-
    42  North and MTA rail advisory council Long Island.
    43    2. (a) MTA rail advisory council - Metro-North is  created  to  study,
    44  investigate,  monitor and make recommendations with respect to the main-
    45  tenance and operation of those portions of, if any, the Hudson,  Harlem,
    46  New  Haven,  Pascack  Valley  and  Port  Jervis  commuter railroad lines
    47  remaining within the metropolitan commuter transportation district. Such
    48  council shall study and investigate all aspects of the day-to-day  oper-
    49  ations  of  such railroad lines, monitor their performance and recommend
    50  changes to improve the efficiency of the operation thereof.
    51    (b) Such council shall consist of eleven members who shall  be  commu-
    52  ters  who  regularly  use  the  transportation services of such railroad
    53  lines. At least five of such members shall be residents of the county of
    54  Westchester. Of the other six members, at  least  one  of  such  members
    55  shall  be a resident of each of the counties of Rockland, Putnam, Dutch-
    56  ess, Orange and Bronx. Members shall be appointed by  the  governor.  In
        S. 994                             108                           A. 1924
 
     1  making  such  appointments  the  governor shall consult with and solicit
     2  recommendations from local officials and to the extent possible  appoint
     3  members  who  represent  the  ridership of the several commuter railroad
     4  lines.  Vacancies  occurring  in  the membership of the council shall be
     5  filled in the same manner as original appointments.
     6    3. (a) MTA rail advisory council - Long Island is  created  to  study,
     7  investigate,  monitor and make recommendations with respect to the main-
     8  tenance and operation of the Long Island rail road. Such  council  shall
     9  study  and  investigate all aspects of the day-to-day operations of such
    10  railroad, monitor its performance and recommend changes to  improve  the
    11  efficiency of the operation thereof.
    12    (b)  Such  council shall consist of twelve members who shall be commu-
    13  ters who regularly use the transportation services of such railroad, and
    14  who shall be residents of  Nassau,  Suffolk,  Queens  or  Kings  county.
    15  Members  shall  be  appointed by the governor upon the recommendation of
    16  the county executive of each such county, provided, however,  that  such
    17  members  shall be chosen from a list of ten names submitted by each such
    18  county executive and provided further however  that  no  more  than  six
    19  members  of  such  council  shall  be  residents  of either such county.
    20  Provided, however, that one member shall be appointed on the recommenda-
    21  tion of the  borough  president  of  Queens  and  one  member  shall  be
    22  appointed  on  the  recommendation of the borough president of Brooklyn.
    23  Vacancies occurring in the membership of the council shall be filled  in
    24  the  same  manner as original appointments, provided, however, that such
    25  vacancy shall be filled from a list of three  names  submitted  by  each
    26  such county executive.
    27    4. The members of the councils shall receive no compensation for their
    28  services  but shall be reimbursed for their expenses actually and neces-
    29  sarily incurred in the performance of their duties under this section.
    30    5. The councils may request and shall  receive  from  any  department,
    31  division,  board,  bureau,  commission,  agency, public authority of the
    32  state or any political subdivision thereof such assistance and  data  as
    33  will  enable  it properly to carry out its activities under this section
    34  and effectuate the purposes set forth in this section.
    35    § 1273-d. MTA rail -  station  maintenance  payments.  The  operation,
    36  maintenance  and  use  of passenger stations shall be public purposes of
    37  the city and the counties within the district.   The total cost  to  the
    38  authority and MTA rail of operation, maintenance and use of each passen-
    39  ger station within the district serviced by one or more railroad facili-
    40  ties  of  the authority or of such subsidiary corporation, including the
    41  buildings, appurtenances, platforms, lands and approaches incidental  or
    42  adjacent  thereto, shall be borne by the city if such station is located
    43  in such city or, if not located in such city, by such county within  the
    44  district  in  which  such station is located. On or before June first of
    45  each year, the authority shall, in accordance with the method  specified
    46  in  this  section,  determine and certify to the city and to each county
    47  within the district the respective allocation of costs  related  to  the
    48  operation,  maintenance  and  use of passenger stations within such city
    49  and each such other county,  for  the  twelve-month  period  ending  the
    50  preceding March thirty-first.
    51    The table below sets forth, for the year commencing April first, nine-
    52  teen hundred ninety-nine, the total payment amount billed by the author-
    53  ity  for  the  operation,  maintenance and use of each passenger station
    54  within the city and the counties of Nassau, Suffolk, Westchester, Dutch-
    55  ess, Putnam, Orange, and  Rockland.    Annually  thereafter,  the  total
    56  payment  shall  be  calculated by summing the total amount listed in the
        S. 994                             109                           A. 1924
 
     1  base amount table plus an adjustment to such base year amount  equal  to
     2  the  base  amount  times  the increase or decrease in the Consumer Price
     3  Index for Wage Earners and Clerical Workers for the New York, Northeast-
     4  ern--New  Jersey  Standard Metropolitan Statistical Area for the twelve-
     5  month period being billed.
     6                    BASE AMOUNT TABLE
     7            County              Base Amount
     8            Nassau              $19,200,000
     9            Suffolk              11,834,091
    10            Westchester          13,269,310
    11            Dutchess              1,581,880
    12            Putnam                  618,619
    13            Orange                  327,247
    14            Rockland                 34,791
    15            City of New York     61,435,330
    16    For each year thereafter, such total  payment  for  each  such  county
    17  shall  be  the  same  amount as the total payment during the immediately
    18  prior year, plus an adjustment equal to the prior year amount times  the
    19  increase  or  decrease  in the Consumer Price Index for Wage Earners and
    20  Clerical Workers for the New  York,  Northeastern--New  Jersey  Standard
    21  Metropolitan Statistical Area for the twelve-month period being billed.
    22    On  or  before  the following September first, of each year, such city
    23  and each such county shall pay to the authority such cost or  amount  so
    24  certified  to  it  on  or before the preceding June first. Such city and
    25  each such county shall have power to finance such costs  to  it  by  the
    26  issuance  of budget notes pursuant to section 29.00 of the local finance
    27  law. For the year beginning April first, two thousand four, the authori-
    28  ty, the city and the counties of Nassau, Suffolk, Westchester, Dutchess,
    29  Putnam, Orange, and Rockland may, after  having  reached  an  agreement,
    30  recommend  to  the  legislature  modifications  to the amounts set forth
    31  above based upon changes made to commuter  services  including  but  not
    32  limited to changes in the number of passenger stations within such coun-
    33  ties  or the level of commuter rail service provided to any such passen-
    34  ger stations. Failure between the authority and between the counties  to
    35  reach  an  agreement will be referred to the state comptroller for medi-
    36  ation. If the mediation is unsuccessful, each party and the state  comp-
    37  troller  may submit a recommendation to the governor and the legislature
    38  for legislative action.
    39    In the event that a city or county shall fail to make payment  to  the
    40  authority  for station maintenance as required pursuant to this section,
    41  or any part thereof, the chief executive officer  of  the  authority  or
    42  such  other  person  as  the  chair shall designate shall certify to the
    43  state comptroller the amount due and owing the authority at the  end  of
    44  the state fiscal year and the state comptroller shall withhold an equiv-
    45  alent amount from the next succeeding state aid allocated to such county
    46  or  city  from the motor fuel tax and the motor vehicle registration fee
    47  distributed pursuant to former section one hundred twelve of the highway
    48  law, or amounts distributed pursuant to section  ten-c  of  the  highway
    49  law,  or  per  capita local assistance pursuant to section fifty-four of
    50  the state finance law subject to the following limitations:    prior  to
    51  withholding  amounts  due  the  authority  from such county or city, the
    52  state comptroller shall pay in full any amount due the state of New York
    53  municipal bond bank agency, on account of any such  county's  or  city's
    54  obligation  to such agency; the city university construction fund pursu-
    55  ant to the provisions of the city university construction fund act;  and
    56  the  New  York  city  housing  development  corporation, pursuant to the
        S. 994                             110                           A. 1924
 
     1  provisions of the New York  city  housing  development  corporation  act
     2  (article  twelve  of  the  private housing finance law). The state comp-
     3  troller shall give the director of the budget notification of  any  such
     4  payment.  Such  amount  or  amounts so withheld by the state comptroller
     5  shall be paid to the authority and the authority shall use  such  amount
     6  for  the  repayment  of  the state advances hereby authorized. When such
     7  amount or amounts are received by the authority, it  shall  credit  such
     8  amounts against any amounts due and owing by the city or county on whose
     9  account such amount was withheld and paid.
    10    §  1273-e.  MTA rail - medical emergency services. 1. The authority is
    11  hereby authorized and directed to implement a medical emergency services
    12  program for the benefit of persons utilizing  transportation  and  other
    13  related  services  of  MTA  rail.  Such program shall include but not be
    14  limited to the following provisions: The training of designated  employ-
    15  ees  in  first  aid,  emergency  techniques and procedures, handling and
    16  positioning of stricken  commuters,  and  knowledge  of  procedures  and
    17  equipment used for respiratory and cardiac emergencies.
    18    2.  Notwithstanding any inconsistent provision of any general, special
    19  or local law, a designated employee employed upon facilities of MTA rail
    20  who has been trained in first aid, emergency techniques and  procedures,
    21  handling  and  positioning  of  stricken  commuters,  and the applicable
    22  procedures and equipment used for respiratory  and  cardiac  emergencies
    23  who  voluntarily  and  without  the expectation of monetary compensation
    24  renders any of the foregoing treatment in an  emergency  to  a  commuter
    25  upon facilities of MTA rail who is unconscious, ill or injured shall not
    26  be  liable  for  damages  for injuries alleged to have been sustained by
    27  such commuter or for damages for the death of such commuter  alleged  to
    28  have  occurred  by reason of an act or omission in the rendering of such
    29  treatment in an emergency unless it is established  that  such  injuries
    30  were  or  such  death was caused by gross negligence on the part of such
    31  designated employee.
    32    § 1273-f. MTA rail - contracts. Any contract for public work,  or  any
    33  purchase  contract  on  behalf of MTA rail, shall be made under the same
    34  terms and conditions as provided in section twelve  hundred  sixty-k  of
    35  this title.
    36    §  1274. MTA rail - actions against MTA rail. Actions against MTA rail
    37  must be brought pursuant to section twelve hundred sixty-three  of  this
    38  title.
    39    § 1275. MTA capital construction - creation. 1. The existing MTA capi-
    40  tal  construction company, a subsidiary of the authority, shall continue
    41  as a body corporate and politic constituting  a  public  benefit  corpo-
    42  ration to be known as "MTA capital construction".
    43    2.  In addition to the purposes of the authority enumerated in section
    44  twelve hundred sixty-d  of  this  title,  the  purpose  of  MTA  capital
    45  construction  shall  be  to  manage,  design, and effectuate any capital
    46  project designated to it by any board of the authority and  MTA  capital
    47  construction  is  hereby authorized to plan, design, acquire, construct,
    48  reconstruct, rehabilitate and improve  any  real  or  personal  property
    49  comprising a capital project as shall be designated to it by such board.
    50    3.  The  board  of  MTA  capital  construction shall be a board of the
    51  authority and all powers of MTA capital construction shall be vested  in
    52  and exercised by such board.
    53    4.  MTA  capital construction is a subsidiary created pursuant to this
    54  section with the powers described in subdivision six of  section  twelve
    55  hundred  sixty-f of this title. In addition, to effectuate its purposes,
    56  MTA capital construction shall be entitled to exercise  the  powers  and
        S. 994                             111                           A. 1924
 
     1  rights of any and all MTA agencies, except that MTA capital construction
     2  shall  not  have  the power to contract indebtedness, provided, however,
     3  that MTA capital construction shall have the power to  contract  indebt-
     4  edness  in  connection  with obtaining or securing insurance liabilities
     5  for its own account or in conjunction with other MTA agencies, including
     6  the power to make payments in connection with  bonds  and  notes  issued
     7  pursuant  to section twelve hundred sixty-two-d of this title. Except as
     8  otherwise provided in subdivision  six  of  this  section,  any  service
     9  contract,  any  contract for public work, or any purchase contract by or
    10  on behalf of MTA capital construction, shall  be  made  under  the  same
    11  terms  and  conditions  as provided in section twelve hundred sixty-k of
    12  this title.
    13    5. In carrying out any capital project, MTA  capital  construction  is
    14  hereby authorized to act in its own name or in the name of any MTA agen-
    15  cy as may be necessary, convenient or desirable.
    16    6.  (a)  Notwithstanding  the  provisions  of  section  twelve hundred
    17  sixty-k of this title, MTA capital construction shall  establish  guide-
    18  lines  governing  the  qualifications of bidders entering into contracts
    19  for  any  capital  project  or  facility  designated  to   MTA   capital
    20  construction.  If MTA capital construction is using a process of compet-
    21  itive bidding, the bidding may be restricted to those who have qualified
    22  prior to the receipt of bids according to standards fixed by MTA capital
    23  construction; provided, however, that the award of contracts  shall,  to
    24  the  extent  not inconsistent with this paragraph, be in accordance with
    25  section twelve hundred sixty-k of this title.
    26    (b) In determining whether a  prospective  bidder  qualifies  for  the
    27  inclusion  on a list of pre-qualified bidders for any capital project or
    28  facility undertaken in the execution  of  its  corporate  purposes,  MTA
    29  capital  construction  shall  consider:  (i)  the  experience  and  past
    30  performance of the prospective bidder;  (ii)  the  prospective  bidder's
    31  ability  to  undertake  work,  including  but  not limited to whether it
    32  participates in state approved apprenticeship programs  and  whether  it
    33  utilizes employees who are represented by labor organizations; (iii) the
    34  financial  capability  and responsibility of the prospective bidder; and
    35  (iv) the records of the prospective bidder in  complying  with  existing
    36  labor  standards.  MTA capital construction may also consider such other
    37  factors as it deems appropriate.
    38    7. The employees of MTA  capital  construction  shall  have  the  same
    39  rights, privileges, and status as employees of the authority.
    40    § 1276. Title not affected if in part unconstitutional or ineffective.
    41  If any provision of any section of this title or the application thereof
    42  to  any  person  or circumstance shall be adjudged invalid by a court of
    43  competent jurisdiction, such order or judgment shall be confined in  its
    44  operation  to  the  controversy  in which it was rendered, and shall not
    45  affect or invalidate the remainder of any provision of  any  section  of
    46  this title or the application of any part thereof to any other person or
    47  circumstance  and  to this end the provisions of this title are declared
    48  to be severable.
    49    § 1276-a. Inconsistent provisions in other laws superseded. Insofar as
    50  the provisions of this title are inconsistent with the provisions of any
    51  other law, general or special, or of any local  law  of  the  city,  the
    52  provisions of this title shall be controlling.
    53    §  1276-b.  Liberal  construction. It is the intent of the legislature
    54  that this title be construed liberally so as to  effectuate  the  public
    55  and governmental purpose thereof.
        S. 994                             112                           A. 1924
 
     1    § 4. Subdivisions 5 and 7 of section 88-a of the state finance law, as
     2  added  by chapter 481 of the laws of 1981, and paragraph (b) of subdivi-
     3  sion 7 as amended by chapter 56 of the laws of 1993, are amended to read
     4  as follows:
     5    5.   (a)  The  "public  transportation  systems  operating  assistance
     6  account" shall consist of revenues  required  to  be  deposited  therein
     7  pursuant  to  the  provisions of section one hundred eighty-two-a of the
     8  tax law and all other moneys credited or transferred  thereto  from  any
     9  other fund or source pursuant to law.
    10    (b)  Moneys  in the public transportation systems operating assistance
    11  account shall be paid on a  quarterly  basis  beginning  October  first,
    12  nineteen  hundred  eighty-one.  However, if there is a demonstrated cash
    13  shortfall in any eligible system, payments to such system may be  accel-
    14  erated.  Such  payments  shall  be made in accordance with a schedule as
    15  specified by appropriation for the payment of operating costs of  public
    16  mass  transportation systems outside the metropolitan commuter transpor-
    17  tation district as defined by section twelve hundred [sixty-two] sixty-b
    18  of the public authorities law, eligible to receive operating  assistance
    19  pursuant to section eighteen-b of the transportation law.
    20    7.  (a)  The  "metropolitan  mass  transportation operating assistance
    21  account" shall consist of the revenues derived from the  taxes  for  the
    22  metropolitan  transportation  district imposed by section eleven hundred
    23  nine of the tax law and that proportion of the receipts received  pursu-
    24  ant  to  the  tax  imposed by article nine-a of such law as specified in
    25  section one hundred seventy-one-a of such law, and  that  proportion  of
    26  the  receipts  received  pursuant  to the tax imposed by article nine of
    27  such law as specified in section two hundred five of such law,  and  the
    28  receipts  required to be deposited pursuant to the provisions of section
    29  one hundred eighty-two-a of such law, and all other moneys  credited  or
    30  transferred thereto from any other fund or source pursuant to law.
    31    (b)  Moneys  in the metropolitan mass transportation operating assist-
    32  ance account shall be paid on a quarterly basis beginning October first,
    33  nineteen hundred eight-one. However, if there  is  a  demonstrated  cash
    34  shortfall  in any eligible system, payments to such system may be accel-
    35  erated. Such moneys shall be paid in accordance with schedules as speci-
    36  fied by appropriations for payment of operating costs of  public  trans-
    37  portation  systems  in the metropolitan transportation commuter district
    38  in order to meet the  operating  expenses  of  such  systems,  provided,
    39  however, with respect to the metropolitan transportation authority[, its
    40  affiliates]  and  its  subsidiaries,  and notwithstanding any general or
    41  special law to the contrary, other than such a law which makes  specific
    42  reference  to  this  section,  and  subject to the provisions of section
    43  twelve hundred [seventy-c] sixty-two of the public authorities  law,  so
    44  long  as  the  metropolitan  transportation authority dedicated tax fund
    45  established by section  twelve  hundred  [seventy-c]  sixty-two  of  the
    46  public authorities law shall exist, any such appropriation to the metro-
    47  politan  transportation  authority[, its affiliates] or its subsidiaries
    48  shall be deemed to be an appropriation to the  metropolitan  transporta-
    49  tion  authority and the total amount paid pursuant to such appropriation
    50  or appropriations shall be deposited to such metropolitan transportation
    51  authority dedicated tax fund and  distributed  in  accordance  with  the
    52  provisions of section twelve hundred [seventy-c] sixty-two of the public
    53  authorities  law.  Nothing contained in this subdivision shall be deemed
    54  to restrict the right of the state to amend, repeal, modify or otherwise
    55  alter statutes imposing or relating to the taxes producing revenues  for
    56  deposit  in  the  metropolitan  mass transportation operating assistance
        S. 994                             113                           A. 1924
 
     1  account or the appropriations relating thereto. The metropolitan  trans-
     2  portation authority shall not include within any resolution, contract or
     3  agreement  with  holders  of  the  bonds or notes issued under [section]
     4  sections  twelve  hundred  [sixty-nine]  sixty-two-h  and twelve hundred
     5  sixty-two-i of the public authorities law any provision  which  provides
     6  that  a  default occurs as a result of the state exercising its right to
     7  amend, repeal, modify or otherwise alter such taxes or appropriations.
     8    § 5. Subdivisions 2 and 6 of section 88-b of the state finance law are
     9  REPEALED.
    10    § 6. Subdivision 3 of section  89-c  of  the  state  finance  law,  as
    11  amended  by  chapter  56  of  the  laws  of  1993, is amended to read as
    12  follows:
    13    3. Moneys in the  dedicated  mass  transportation  trust  fund  shall,
    14  following  appropriation  by the legislature, be utilized for the recon-
    15  struction, replacement, purchase, modernization,  improvement,  recondi-
    16  tioning,  preservation and maintenance of mass transit facilities, vehi-
    17  cles and rolling stock, or the payment  of  debt  service  or  operating
    18  expenses  incurred  by  mass  transit  operating  agencies, and for rail
    19  projects authorized pursuant to section fourteen-j of the transportation
    20  law, for payments to the general debt service fund of amounts  equal  to
    21  amounts  required for service contract payments related to rail projects
    22  as provided and authorized by section three hundred  eighty-six  of  the
    23  public authorities law and for programs to assist small and minority and
    24  women-owned  firms  engaged  in  transportation  construction and recon-
    25  struction projects, including  a  revolving  fund  for  working  capital
    26  loans,  and  a  bonding  guarantee assistance program in accordance with
    27  provisions of this chapter. It is the intent of the governor  to  submit
    28  and  the legislature to enact in a budget bill for fiscal year [nineteen
    29  hundred ninety-four--ninety-five] two thousand five--two  thousand  six,
    30  two  appropriations from the dedicated mass transportation trust fund to
    31  the metropolitan transportation authority dedicated tax fund established
    32  by section twelve hundred [seventy-c] sixty-two of the  public  authori-
    33  ties  law. One such appropriation shall be equal to the amounts expected
    34  to be available for such purpose pursuant to subdivision (d) of  section
    35  three  hundred one-j of the tax law during the [nineteen hundred ninety-
    36  four--ninety-five] two thousand five--two thousand six fiscal  year  and
    37  shall  be  effective  in  that fiscal year. The other such appropriation
    38  shall be equal to the amount expected to be available for  such  purpose
    39  pursuant  to  subdivision  (d) of section three hundred one-j of the tax
    40  law during the [nineteen hundred ninety-five--ninety-six]  two  thousand
    41  six--two  thousand  seven  fiscal  year  and  shall, notwithstanding the
    42  provisions of section forty of this chapter, take effect  on  the  first
    43  day of the [nineteen hundred ninety-five--ninety-six] two thousand five-
    44  -two thousand seven fiscal year and lapse on the last day of that fiscal
    45  year.  It is the intent of the governor to submit and the legislature to
    46  enact for each fiscal year after the [nineteen hundred  ninety-four--ni-
    47  nety-five]  two thousand five--two thousand six fiscal year in an annual
    48  budget bill: (i) an appropriation for the amount expected to  be  avail-
    49  able  in the dedicated mass transportation trust fund during such fiscal
    50  year for the metropolitan transportation authority pursuant to  subdivi-
    51  sion  (d)  of  section three hundred one-j of the tax law, including any
    52  amounts on deposit therein from any prior year which have been previous-
    53  ly appropriated, and (ii) an appropriation of the amounts  projected  by
    54  the director of the budget to be deposited in the metropolitan transpor-
    55  tation  authority dedicated tax fund from the dedicated mass transporta-
    56  tion trust fund pursuant to subdivision (d)  of  section  three  hundred
        S. 994                             114                           A. 1924
 
     1  one-j of the tax law for the next succeeding fiscal year. Such appropri-
     2  ation  for payment of revenues expected to be received in the succeeding
     3  fiscal year shall, notwithstanding section forty of this  chapter,  take
     4  effect  on the first day of such succeeding fiscal year and lapse on the
     5  last day of such fiscal year. If for any fiscal year  commencing  on  or
     6  after  the  first day of April, [nineteen hundred ninety-four] two thou-
     7  sand five the governor fails to submit  a  budget  bill  containing  the
     8  foregoing,   or  the  legislature  fails  to  enact  a  bill  with  such
     9  provisions, then the authority shall notify the comptroller, the  direc-
    10  tor  of  the budget, the chairperson of the senate finance committee and
    11  the chairperson of the assembly ways  and  means  committee  of  amounts
    12  required  to be disbursed from the appropriation made during the preced-
    13  ing fiscal year for payment in such fiscal year. In no event  shall  the
    14  comptroller make any payments from such appropriation prior to May first
    15  of  such  fiscal  year, and unless and until the director of the budget,
    16  the chairperson of the senate finance committee and the  chairperson  of
    17  the assembly ways and means committee have been notified of the required
    18  payments  and  the timing of such payments to be made from the dedicated
    19  mass  transportation  trust  fund  to  the  metropolitan  transportation
    20  authority  dedicated  tax  fund  at least forty-eight hours prior to any
    21  such payments. Until such time as payments pursuant  to  such  appropri-
    22  ation  are  made  in full, revenues in the dedicated mass transportation
    23  trust fund shall not be paid over to any person other than the metropol-
    24  itan transportation authority.   Nothing contained in  this  subdivision
    25  shall  be  deemed  to  restrict the right of the state to amend, repeal,
    26  modify or otherwise alter statutes imposing or  relating  to  the  taxes
    27  imposed  pursuant  to  section three hundred one-j of the tax law or the
    28  appropriations relating thereto. The metropolitan transportation author-
    29  ity shall not include within any resolution, contract or agreement  with
    30  holders  of  the  bonds  or notes issued under [section] sections twelve
    31  hundred [sixty-nine] sixty-two-h and twelve hundred sixty-two-i  of  the
    32  public  authorities  law  any  provision  which  provides that a default
    33  occurs as a result of the state exercising its right to  amend,  repeal,
    34  modify or otherwise alter such taxes or appropriations.  For purposes of
    35  this  subdivision, taxes imposed pursuant to section three hundred one-j
    36  of the tax law shall include the amounts deposited in accordance  there-
    37  with  pursuant to sections two hundred eighty-two-b, two hundred eighty-
    38  two-c, two hundred eighty-four-a and two hundred  eighty-four-c  of  the
    39  tax  law,  subdivision three of section two hundred eighty-nine-e of the
    40  tax law, and subdivision twenty-one of section four hundred one  of  the
    41  vehicle  and  traffic  law  and  any other amount that, by its terms, is
    42  deposited in the dedicated fund accounts pursuant to subdivision (d)  of
    43  section three hundred one-j of the tax law.
    44    §  7. Subdivision 3 of section 183-a of the tax law, as added by chap-
    45  ter 931 of the laws of 1982, is amended to read as follows:
    46    3. The term metropolitan commuter transportation district as  used  in
    47  this  section  shall  be  defined  pursuant  to  section  twelve hundred
    48  [sixty-two] sixty-b of the public authorities law.
    49    § 8. Subdivision 3 of section 184-a of the tax law, as added by  chap-
    50  ter  931 of the laws of 1982 and as renumbered by chapter 11 of the laws
    51  of 1983, is amended to read as follows:
    52    3. The term metropolitan commuter transportation district as  used  in
    53  this  section  shall  be  defined  pursuant  to  section  twelve hundred
    54  [sixty-two] sixty-b of the public authorities law.
    55    § 9. Subdivision 6 of section 186-c of the tax law, as added by  chap-
    56  ter 931 of the laws of 1982, is amended to read as follows:
        S. 994                             115                           A. 1924
 
     1    6.  The  term metropolitan commuter transportation district as used in
     2  this section  shall  be  defined  pursuant  to  section  twelve  hundred
     3  [sixty-two] sixty-b of the public authorities law.
     4    § 10. (Intentionally omitted.)
     5    §  11.  Subdivision  6  of section 209-B of the tax law, as amended by
     6  chapter 11 of the laws of 1983, is amended to read as follows:
     7    6. The term metropolitan commuter transportation district as  used  in
     8  this  section  shall  be  defined  pursuant  to  section  twelve hundred
     9  [sixty-two] sixty-b of the public authorities law.
    10    § 12. Subdivision 2 of section 253 of the tax law, as amended by chap-
    11  ter 151 of the laws of 1971, paragraph (a) as amended by chapter 788  of
    12  the laws of 1978, is amended to read as follows:
    13    2.  (a) In addition to the taxes imposed by subdivisions one and one-a
    14  of this section, there shall be imposed on each mortgage of real proper-
    15  ty situated within the state recorded on or after the first day of July,
    16  nineteen hundred sixty-nine, an additional tax of twenty-five cents  for
    17  counties  outside  of the metropolitan commuter transportation district,
    18  as defined pursuant to section twelve  hundred  sixty-b  of  the  public
    19  authorities  law,  and thirty-five cents for counties within such metro-
    20  politan commuter transportation district for each  one  hundred  dollars
    21  and  each  remaining  major  fraction thereof of principal debt or obli-
    22  gation which is, or under any contingency may be secured at the date  of
    23  execution thereof or at any time thereafter by such mortgage, saving and
    24  excepting the first ten thousand dollars of such principal debt or obli-
    25  gation  in  any  case  in which the related mortgage is of real property
    26  principally improved or to be improved by a one or two family  residence
    27  or dwelling. All the provisions of this article shall apply with respect
    28  to  the additional tax imposed by this subdivision to the same extent as
    29  if it were imposed by the said subdivision one of this  section,  except
    30  as  otherwise expressly provided in this article. The imposition of this
    31  additional tax on mortgages recorded in a county outside the city of New
    32  York, other than one of the counties from time to  time  comprising  the
    33  metropolitan  commuter  transportation  district,  the  Niagara Frontier
    34  transportation district, the Rochester-Genesee transportation  district,
    35  the  capital  district  transportation  district or the central New York
    36  regional transportation district may be suspended for a specified period
    37  of time or without limitation as to time by a local  law,  ordinance  or
    38  resolution duly adopted by the local legislative body of such county.
    39    (b)  Any  local law, ordinance or resolution suspending the imposition
    40  of this additional tax as provided in paragraph (a) of this subdivision,
    41  or amending or repealing such local law, ordinance or resolution,  shall
    42  take  effect  only  on  the  first day of the third month succeeding the
    43  month in which such local law, ordinance or resolution is duly  adopted.
    44  Such  a local law, ordinance or resolution shall not be effective unless
    45  a certified copy thereof is mailed by registered or  certified  mail  to
    46  the  state  tax  commission  at its office in Albany at least sixty days
    47  prior to the date the local law,  ordinance  or  resolution  shall  take
    48  effect.  However, the tax commission may waive and reduce such sixty-day
    49  notice requirement to a requirement that such certified copy  be  mailed
    50  by  registered or certified mail within a period of not less than thirty
    51  days prior to such effective date if it deems such action to be consist-
    52  ent with its duties under this article. A certified copy  of  any  local
    53  law,  ordinance or resolution adopted pursuant to this subdivision shall
    54  also be filed with the state comptroller within five days after the date
    55  it is duly adopted.
        S. 994                             116                           A. 1924
 
     1    § 13. Subdivision 1 of section 253-a of the tax  law,  as  amended  by
     2  chapter 343 of the laws of 1990, is amended to read as follows:
     3    1.  Any city in this state having a population of one million or more,
     4  acting through its local legislative  body,  is  hereby  authorized  and
     5  empowered  to  adopt  and amend local laws imposing in any such city (A)
     6  prior to February first, nineteen hundred  eighty-two  a  tax  of  fifty
     7  cents,  (B)  on or after February first, nineteen hundred eighty-two and
     8  before July first, nineteen hundred eighty-two with respect to (i)  one,
     9  two  or three-family houses, individual cooperative apartments and indi-
    10  vidual residential condominium units, and (ii) real property securing  a
    11  principal debt or obligation of less than five hundred thousand dollars,
    12  a  tax of fifty cents, and with respect to all other real property a tax
    13  of one dollar and twelve and one-half  cents,  (C)  on  and  after  July
    14  first,  nineteen  hundred  eighty-two  and before August first, nineteen
    15  hundred ninety with respect to real property securing a  principal  debt
    16  or obligation of less than five hundred thousand dollars, a tax of fifty
    17  cents, with respect to one, two or three-family houses, individual coop-
    18  erative apartments and individual residential condominium units securing
    19  a principal debt or obligation of five hundred thousand dollars or more,
    20  a  tax  of  sixty-two  and one-half cents, and with respect to all other
    21  real property a tax of one dollar and twenty-five cents, and (D) on  and
    22  after August first, nineteen hundred ninety with respect to real proper-
    23  ty  securing  a  principal  debt or obligation of less than five hundred
    24  thousand dollars, a tax of one dollar,  with  respect  to  one,  two  or
    25  three-family  houses and individual residential condominium units secur-
    26  ing a principal debt or obligation of five hundred thousand  dollars  or
    27  more,  a  tax  of  one  dollar  and  twelve and one-half cents, and with
    28  respect to all other real property a tax of one dollar and  seventy-five
    29  cents,  for  each  one hundred dollars and each remaining major fraction
    30  thereof of principal debt or obligation which is or under any contingen-
    31  cy may be secured at the date of execution thereof, or at any time ther-
    32  eafter, by a mortgage on such real property situated  within  such  city
    33  and recorded on or after the date upon which such tax takes effect and a
    34  tax  of  one dollar on such mortgage if the principal debt or obligation
    35  which is or by any contingency may be secured by such mortgage  is  less
    36  than  one hundred dollars. In each instance where the tax imposed pursu-
    37  ant to this subdivision is one dollar and twenty-five cents for each one
    38  hundred dollars and each remaining major fraction thereof of such  prin-
    39  cipal debt or obligation, fifty percent of the total amount of such tax,
    40  including  fifty  percent of any interest or penalties thereon, shall be
    41  set aside in a special account by the commissioner of  finance  of  such
    42  city.  In  each instance where the tax imposed pursuant to this subdivi-
    43  sion is one dollar and seventy-five cents for each one  hundred  dollars
    44  and  each  remaining  major  fraction  thereof of such principal debt or
    45  obligation, thirty-five and seven-tenths percent of the total amount  of
    46  such tax, including thirty-five and seven-tenths percent of any interest
    47  or  penalties  thereon, shall also be set aside in such special account.
    48  Moneys in such account shall be used for payment by such commissioner to
    49  the state comptroller for deposit in the urban  mass  transit  operating
    50  assistance  account of the mass transportation operating assistance fund
    51  of any amount of insufficiency certified by the state comptroller pursu-
    52  ant to the provisions of subdivision six of  section  eighty-eight-a  of
    53  the  state  finance  law,  and, on the fifteenth day of each month, such
    54  commissioner shall transmit all funds in such account on the last day of
    55  the preceding month, except the amount required for the payment  of  any
    56  amount  of  insufficiency  certified  by  the state comptroller and such
        S. 994                             117                           A. 1924
 
     1  amount as he deems necessary for refunds and such other  amounts  neces-
     2  sary  to finance the New York city transportation disabled committee and
     3  the New York city paratransit system as established by section fifteen-b
     4  of  the  transportation  law, provided, however, that such amounts shall
     5  not exceed six percent of the total funds in the account but in no event
     6  be less than two hundred twenty-five thousand  dollars  beginning  April
     7  first,  nineteen hundred eighty-six, and further that beginning November
     8  fifteenth, nineteen hundred eighty-four and  during  the  entire  period
     9  prior  to  operation of such system, the total of such amounts shall not
    10  exceed three hundred seventy-five thousand dollars for  the  administra-
    11  tive  expenses  of  such  committee  and  fifty thousand dollars for the
    12  expenses of the agency designated pursuant to paragraph b of subdivision
    13  five of [such] section fifteen-b of the transportation  law,  and  other
    14  amounts  necessary  to  finance  the  operating needs of the private bus
    15  companies franchised by the city of New York  and  eligible  to  receive
    16  state  operating  assistance under section eighteen-b of the transporta-
    17  tion law, provided, however, that such amounts  shall  not  exceed  four
    18  percent of the total funds in the account, to the [New York city transit
    19  authority]  metropolitan transportation authority for the benefit of MTA
    20  subways and MTA bus for mass transit within the city.
    21    § 14. Subdivisions 1 and 2 of section 261 of the tax law,  subdivision
    22  1  as  separately  amended  by chapters 279 and 489 of the laws of 2004,
    23  subdivision 2 as amended by chapter 59 of the laws of  1987,  and  para-
    24  graph  (ii)  of  subdivision  2 as amended by chapter 348 of the laws of
    25  1996, are amended to read as follows:
    26    1. The balance of all moneys paid to the  recording  officer  of  each
    27  county  during  each  month upon account of the additional taxes imposed
    28  pursuant to subdivision two of section two hundred fifty-three  of  this
    29  article,  after deducting the necessary expenses of his or her office as
    30  provided in section two hundred sixty-two of this article, except  taxes
    31  paid  upon  mortgages  which under the provisions of section two hundred
    32  sixty of this article are first to be apportioned by  the  commissioner,
    33  shall  be  paid  over  by  him or her on or before the tenth day of each
    34  succeeding month as follows: (a) with respect to those counties compris-
    35  ing the metropolitan commuter transportation district, as defined by the
    36  provisions of section twelve hundred [sixty-two] sixty-b of  the  public
    37  authorities  law,  to  the  metropolitan  transportation authority to be
    38  applied in any authority fiscal  year  beginning  on  or  after  January
    39  first, nineteen hundred eighty-seven and before January first, two thou-
    40  sand  six  (i)  first, to meet the general, administrative and operating
    41  expenses of the authority net of reimbursements, recoveries and  adjust-
    42  ments,  not  including  the  expenses  of any subsidiaries thereof which
    43  operate any transportation facility, (ii)  second,  from  any  remaining
    44  revenues,  fifty-five  per  centum of such revenues shall be paid by the
    45  metropolitan transportation authority to  the  transit  account  of  the
    46  metropolitan  transportation  authority  special  assistance fund estab-
    47  lished by section twelve hundred seventy-a  of  the  public  authorities
    48  law;  and (iii) the remaining forty-five per centum shall be paid by the
    49  metropolitan transportation authority to the commuter  railroad  account
    50  of  the  metropolitan  transportation  authority special assistance fund
    51  established by section twelve hundred seventy-a of the  public  authori-
    52  ties  law and, for any authority fiscal year beginning on or after Janu-
    53  ary first, two thousand six,  to  be  deposited  into  the  headquarters
    54  account  of the metropolitan transportation authority special assistance
    55  fund established by section twelve hundred  sixty-two-a  of  the  public
    56  authorities  law  for  the payment of operating and capital costs of the
        S. 994                             118                           A. 1924
 
     1  MTA agencies (as defined  in  subdivision  eighteen  of  section  twelve
     2  hundred  sixty-a  of  the public authorities law) as the authority shall
     3  determine; (b) with respect to those  counties  comprising  the  Niagara
     4  Frontier  transportation  district,  as  defined  by  the  provisions of
     5  section twelve hundred ninety-nine-b of the public authorities  law,  to
     6  the Niagara Frontier transportation authority; (c) with respect to those
     7  counties   comprising   the  Rochester-Genesee  regional  transportation
     8  district, as defined by the provisions of section twelve  hundred  nine-
     9  ty-nine-cc  of  the  public  authorities  law,  to the Rochester-Genesee
    10  Regional Transportation Authority; (d) with respect  to  those  counties
    11  comprising  the  capital district transportation district, as defined by
    12  the provisions of section thirteen hundred two of the public authorities
    13  law, to the capital district transportation authority; (e) with  respect
    14  to  those  counties comprising the central New York regional transporta-
    15  tion district, as defined by the provisions of section thirteen  hundred
    16  twenty-seven  of  the  public  authorities  law, to the central New York
    17  regional transportation authority; (f) with respect  to  the  county  of
    18  Dutchess  or  the county of Orange or the county of Rockland if any such
    19  county withdraws from the metropolitan commuter transportation  district
    20  pursuant  to  section  twelve  hundred  [seventy-nine-b]  sixty-b of the
    21  public authorities law and does not suspend the imposition of such addi-
    22  tional tax, to the county  treasurer  of  such  county  if  such  county
    23  provides  that the moneys shall be used for mass transportation purposes
    24  but, if any such county which so withdraws and which does not so suspend
    25  does not so provide, to the comptroller pursuant to paragraph [(n)]  (o)
    26  of  this subdivision; (g) with respect to the counties of Washington and
    27  Warren, to the county treasurer of such county to be used to pay for any
    28  and all expenses incurred by such counties for the support of  community
    29  colleges  pursuant  to  article  one hundred twenty-six of the education
    30  law; with respect to the county of Essex, to  the  county  treasurer  of
    31  such  county to be used to pay for any and all expenses incurred by such
    32  county for county office and court facility projects; (h)  with  respect
    33  to  the county of Franklin, to the county treasurer of such county to be
    34  used to pay for any and all expenses incurred by such county for  county
    35  office  and  county  correctional facility projects; (i) with respect to
    36  the county of Clinton, to the county treasurer of such county to be used
    37  to pay for any and all expenses  incurred  by  such  county  for  county
    38  office and other county capital projects; (j) with respect to the county
    39  of  Chautauqua, to the county treasurer of such county to be used to pay
    40  for any and all expenses incurred by such county for county correctional
    41  facility and court facility projects, and debt service thereon,  includ-
    42  ing  but  not limited to, related heating, ventilation, air-conditioning
    43  and parking infrastructure upgrades; (k) with respect to the  county  of
    44  Allegany,  to  the  county treasurer of such county for deposit into the
    45  general fund of the county of Allegany; (l) with respect to  the  county
    46  of  Schuyler,  to  the county treasurer of such county to be used to pay
    47  for any and all expenses incurred by such  county  for  the  support  of
    48  community  colleges  pursuant  to  article one hundred twenty-six of the
    49  education law; (m) with respect to the county of Delaware, to the county
    50  treasurer of such county to be used to pay for the cost  of  the  county
    51  correctional  facility and public safety building complex and the county
    52  composting facility; [(m)] (n) with respect to the county of Fulton,  to
    53  the county treasurer of such county for deposit into the general fund of
    54  the  county  of Fulton; [(n)] (o) with respect to the remaining counties
    55  of the state except Cattaraugus county  which  have  not  suspended  the
    56  imposition of such additional tax pursuant to subdivision two of section
        S. 994                             119                           A. 1924
 
     1  two  hundred  fifty-three of this article, to the comptroller to be paid
     2  by him or her into the general fund in the state treasury to the  credit
     3  of  the  state  purposes  account; provided that money paid to the comp-
     4  troller  with  respect to any such remaining county in which on the date
     5  of such payment any mass transportation, airport or aviation,  municipal
     6  historic  site,  municipal park, community mental health and retardation
     7  facility, or sewage treatment capital project is being carried out by  a
     8  municipality with state aid, or for which state aid will be paid, pursu-
     9  ant to the provisions of title one of chapter seven hundred seventeen of
    10  the  laws  of  nineteen hundred sixty-seven, section 17.05 of the parks,
    11  recreation and historic preservation law, section 41.18  of  the  mental
    12  hygiene  law,  or section 17-1903 of the environmental conservation law,
    13  shall be applied by him or her to increase the amount of aid  for  which
    14  the state is obligated in respect to such project on such date, provided
    15  that  any  such increase in state aid may not, together with any federal
    16  funds paid or to be paid on account of the cost of such project,  exceed
    17  the  total cost thereof, and where more than one such capital project is
    18  being carried out on such date within such county,  the  application  of
    19  such  monies  by  the  comptroller shall be pro-rated among such munici-
    20  palities on the basis of the respective amounts of state aid  which  are
    21  so  obligated  on such date; and [(o)] (p) with respect to the county of
    22  Cattaraugus, to the comptroller to be paid by him or her into the gener-
    23  al fund in the state treasury  to  the  credit  of  the  state  purposes
    24  account  for  the  construction of a county office building and a county
    25  department of public works office  building,  or  debt  service  thereon
    26  being  carried  out by the county of Cattaraugus up to but not exceeding
    27  the total cost for such county office building and county department  of
    28  public  works  building,  or debt service thereon less the amount of any
    29  state aid or federal funds paid or to be paid on account of such project
    30  or debt service thereon. Notwithstanding the provisions of the preceding
    31  sentence, additional taxes so imposed and paid upon  mortgages  covering
    32  real  property  situated  in  two  or  more  counties,  which  under the
    33  provisions of section two hundred sixty of this article are first to  be
    34  apportioned  by  the  commissioner,  shall be paid over by the recording
    35  officer receiving the same as provided  by  the  determination  of  said
    36  commissioner.
    37    If and to the extent that either metropolitan transportation authority
    38  or   Niagara  Frontier  transportation  authority  or  Rochester-Genesee
    39  regional transportation authority  or  capital  district  transportation
    40  authority  or  central  New York regional transportation authority shall
    41  certify that the proceeds of such additional tax received by it for  any
    42  calendar year subsequent to nineteen hundred sixty-nine are in excess of
    43  its  needs, present and projected, and of those of its subsidiary corpo-
    44  rations, such excess shall be paid over at the end of such calendar year
    45  to the comptroller for payment or application by him or her  in  accord-
    46  ance with the provisions of paragraph [(n)] (o) of the opening paragraph
    47  of  this  subdivision.  For  the  purposes  of such application any such
    48  excess shall be allocated among the counties comprising a transportation
    49  district in the same proportion that their respective recording officers
    50  paid over additional taxes hereunder during the whole  of  the  calendar
    51  year  which  is  the  subject  of  the  certification.  For the counties
    52  comprising the city of New York, any such application shall be  for  the
    53  benefit of such city.
    54    2.  The  balance  of  all moneys paid to the recording officer of each
    55  county during each month upon account of the  special  additional  taxes
    56  imposed pursuant to subdivision one-a of section two hundred fifty-three
        S. 994                             120                           A. 1924
 
     1  of this [chapter] article, after deducting the necessary expenses of his
     2  office  as  provided  in  section two hundred sixty-two of this article,
     3  except taxes paid upon mortgages which under the provisions  of  section
     4  two  hundred  sixty  of  this article are first to be apportioned by the
     5  [tax commission] commissioner, shall be paid over by him  on  or  before
     6  the tenth day of each succeeding month to the state of New York mortgage
     7  agency  created  pursuant  to  title  seventeen  of article eight of the
     8  public authorities law for deposit to the credit of the mortgage  insur-
     9  ance  fund  created  pursuant  to  such  title, and (i) except that with
    10  respect to mortgages recorded on and after May first,  nineteen  hundred
    11  eighty-seven,  the  balance  of  all  moneys  paid  upon account of such
    12  special additional taxes during each month to the recording officers  of
    13  the   counties   comprising  the  metropolitan  commuter  transportation
    14  district, as defined by section twelve hundred  [sixty-two]  sixty-b  of
    15  the public authorities law, on mortgages of any real property principal-
    16  ly  improved or to be improved by a structure containing six residential
    17  dwelling units or less  with  separate  cooking  facilities,  after  the
    18  deduction  of  such expenses, shall be paid over by him on or before the
    19  tenth day of each succeeding month to  the  metropolitan  transportation
    20  authority  for  deposit  in  the corporate transportation account of the
    21  metropolitan  transportation  special  assistance  fund  established  by
    22  section twelve hundred [seventy-a] sixty-two-a of the public authorities
    23  law,  and  (ii)  except  that  with respect to mortgages recorded on and
    24  after May first, nineteen  hundred  eighty-seven,  the  balance  of  all
    25  moneys  paid  upon  account of such special additional taxes during each
    26  month to the recording officers of the county of Erie  on  mortgages  of
    27  any  real property principally improved or to be improved by a structure
    28  containing six residential dwelling units or less with separate  cooking
    29  facilities,  after the deduction of such expenses, shall be paid over by
    30  him on or before the tenth day of each succeeding month to  the  Niagara
    31  Frontier transportation authority. Notwithstanding the provisions of the
    32  preceding  sentence,  the  special  additional taxes so imposed and paid
    33  upon mortgages covering real property situated in two or more  counties,
    34  which  under the provisions of section two hundred sixty of this article
    35  are first to be apportioned by the commissioner, shall be paid  over  by
    36  the  recording  officer  receiving  the same as provided by the determi-
    37  nation of said commissioner.
    38    § 15. Subdivision (d) of section 301-j of the tax law, as  amended  by
    39  section  7  of  part EE of chapter 63 of the laws of 2000, is amended to
    40  read as follows:
    41    (d) Deposit and disposition of revenue. All taxes,  and  any  interest
    42  and  penalties  relating  thereto, collected or received with respect to
    43  the supplemental petroleum and aviation fuel  business  tax  imposed  by
    44  this  section  up  to and including March thirty-first, nineteen hundred
    45  ninety-three  shall  be  deposited  and  disposed  of  pursuant  to  the
    46  provisions  of section one hundred seventy-one-a of this chapter. Except
    47  as otherwise provided, on and after April first, nineteen hundred  nine-
    48  ty-three,  all  taxes,  and any interest and penalties relating thereto,
    49  collected or received in any month with  respect  to  such  supplemental
    50  petroleum  and  aviation  fuel  business  tax  imposed  by this section,
    51  together with any other moneys specified in this chapter to be deposited
    52  under this subdivision, shall be deposited, on or before  the  fifteenth
    53  day  of  each succeeding month, proportionately into the following dedi-
    54  cated fund accounts without priority; sixty-three percent in  the  dedi-
    55  cated  highway  and  bridge  trust  fund established pursuant to section
    56  eighty-nine-b of the state finance law, thirty-four percent in the dedi-
        S. 994                             121                           A. 1924
 
     1  cated mass transportation trust fund  established  pursuant  to  section
     2  eighty-nine-c  of  the  state finance law to be distributed [as follows:
     3  eighty-five percent of such amount shall be allocated to  the  New  York
     4  city  transit authority and its subsidiaries and the Staten Island rapid
     5  transit operating authority and fifteen percent of such amount shall  be
     6  allocated  to the Long Island Rail Road Company and metro north commuter
     7  railroad  company]  to  the  metropolitan  transportation  authority  in
     8  accordance with the procedures for payment and distribution specified in
     9  section [one thousand two hundred seventy-c] twelve hundred sixty-two of
    10  the  public  authorities  law, for payment, subject to appropriation, to
    11  the metropolitan transportation authority dedicated tax fund established
    12  pursuant to section twelve hundred [seventy-c] sixty-two of  the  public
    13  authorities law, and three percent in such dedicated mass transportation
    14  trust  fund  to  be  distributed, subject to appropriation, for purposes
    15  authorized by section eighty-nine-c of the state finance law,  to  enti-
    16  ties  other than the mass transit operating agencies which receive money
    17  from the  metropolitan  transportation  authority  dedicated  tax  fund.
    18  Notwithstanding any general or special law to the contrary, other than a
    19  law  which makes specific reference to this sentence of this section, so
    20  long as such metropolitan transportation authority  dedicated  tax  fund
    21  shall  exist,  any  appropriation from the dedicated mass transportation
    22  trust fund to the metropolitan  transportation  authority[,  its  affil-
    23  iates] or its subsidiaries shall be deemed to be an appropriation to the
    24  metropolitan transportation authority and the total amount paid pursuant
    25  to such appropriation or appropriations or section thirty-one of chapter
    26  fifty-six  of  the  laws  of nineteen hundred ninety-three including the
    27  second clause of the first sentence of subdivisions  a  and  b  thereof,
    28  shall  be  deposited to such metropolitan transportation authority dedi-
    29  cated tax fund and distributed in  accordance  with  the  provisions  of
    30  section  twelve  hundred [seventy-c] sixty-two of the public authorities
    31  law.
    32    Prior to making deposits as provided in this  subdivision,  the  comp-
    33  troller shall retain such amount as the commissioner may determine to be
    34  necessary,  subject  to  the approval of the director of the budget, for
    35  reasonable costs of the department in administering and  collecting  the
    36  taxes  deposited  pursuant  to  this  subdivision  and  for  refunds and
    37  reimbursements with respect to such taxes, out of which the  comptroller
    38  shall pay any refunds or reimbursements of such taxes to which taxpayers
    39  shall  be  entitled.  Provided,  further,  however,  that, prior to such
    40  deposit, from the amounts so collected or  received  during  the  period
    41  commencing  on January first, nineteen hundred ninety-four and ending on
    42  March thirty-first, nineteen hundred ninety-four, an amount equal to the
    43  portion of the taxes, interest and penalties so  received  or  collected
    44  resulting  from  the  amendments made by sections forty-two, forty-three
    45  and forty-four of chapter fifty-seven of the laws  of  nineteen  hundred
    46  ninety-three  shall  be  deposited  and  disposed  of  pursuant  to  the
    47  provisions of subdivision one of section one  hundred  seventy-one-a  of
    48  this chapter.
    49    §  16.  Subdivision  (a)  of  section 1109 of the tax law, as added by
    50  chapter 485 of the laws of 1981, is amended to read as follows:
    51    (a) General. In addition to  the  taxes  imposed  by  sections  eleven
    52  [hundred]  hundred five and eleven hundred ten of this article, there is
    53  hereby imposed within the territorial limits of the metropolitan  commu-
    54  ter  transportation district created and established pursuant to section
    55  twelve hundred [sixty-two] sixty-b of the public  authorities  law,  and
    56  there shall be paid, additional taxes, at the rate of one-quarter of one
        S. 994                             122                           A. 1924
 
     1  percent, which shall be identical to the taxes imposed by sections elev-
     2  en  hundred  five  and eleven hundred ten of this article. Such sections
     3  and the other sections of this article,  including  the  definition  and
     4  exemption  provisions,  shall apply for purposes of the taxes imposed by
     5  this section in the same manner and with the same force and effect as if
     6  the language of those sections had been incorporated in full  into  this
     7  section and had expressly referred to the taxes imposed by this section.
     8    §  17.  Paragraph 1 of subdivision (e) of section 1111 of the tax law,
     9  as amended by chapter 261 of the laws of 1988, is  amended  to  read  as
    10  follows:
    11    (1)  There  are  hereby  created  and established within the state two
    12  regions for purposes of the payment of the tax imposed by section eleven
    13  hundred two of this article. (i) One region shall consist of the locali-
    14  ties included  in  the  metropolitan  commuter  transportation  district
    15  created  and  established pursuant to section twelve hundred [sixty-two]
    16  sixty-b of the public authorities  law.  (ii)  The  other  region  shall
    17  consist  of  the  area  of  the  state outside the region referred to in
    18  subparagraph (i) of this paragraph.
    19    § 18. Subsection 5 of section 1455-B of the tax  law,  as  amended  by
    20  chapter 11 of the laws of 1983, is amended to read as follows:
    21    5.  The  term metropolitan commuter transportation district as used in
    22  this section  shall  be  defined  pursuant  to  section  twelve  hundred
    23  [sixty-two] sixty-b of the public authorities law.
    24    §  19.  Subdivision  (b) of section 1505-a of the tax law, as added by
    25  chapter 11 of the laws of 1983, is amended to read as follows:
    26    (b) The term metropolitan commuter transportation district as used  in
    27  this  section  shall  be  defined  pursuant  to  section  twelve hundred
    28  [sixty-two] sixty-b of the public authorities law.
    29    § 20. Clause (B) of paragraph 2 of subsection (a) of section  2504  of
    30  the insurance law is amended to read as follows:
    31    (B) the city of New York, a public corporation or public authority, in
    32  connection  with  the  construction  of electrical generating and trans-
    33  mission facilities or construction, renovations,  extensions  and  addi-
    34  tions of light rail or heavy rail rapid transit [and commuter railroads]
    35  facilities,  omnibus  facilities,  commuter railroad facilities, bridges
    36  and tunnels, including facilities ancillary thereto.
    37    § 21. Subdivisions 1 and 3 of section 827 of  the  executive  law,  as
    38  added  by  section  1  of part Z of chapter 383 of the laws of 2001, are
    39  amended to read as follows:
    40    1. "Upstate New York region" or "upstate region" shall mean  the  area
    41  of  the  state  outside  of  the  metropolitan  commuter  transportation
    42  district established pursuant  to  section  twelve  hundred  [sixty-two]
    43  sixty-b of the public authorities law.
    44    3.  "Downstate  New  York region" or "downstate region" shall mean the
    45  area of  the  state  within  the  metropolitan  commuter  transportation
    46  district  established  pursuant  to  section  twelve hundred [sixty-two]
    47  sixty-b of the public authorities law.
    48    § 22. Subdivision b of section 800 of the retirement and social  secu-
    49  rity  law,  as amended by chapter 437 of the laws of 1993, is amended to
    50  read as follows:
    51    b. "Employer" or "participating employer" shall mean the state of  New
    52  York  and  any  other  unit  of  government  or organization which makes
    53  contributions to a public retirement system on behalf of its  employees.
    54  Provided however, that the provisions of this article shall not apply to
    55  the  city  of  New York until such city enacts a local law adopting this
    56  article in its entirety. Until such date (subject to the  provisions  of
        S. 994                             123                           A. 1924
 
     1  section  eight  hundred  six  of  this  article),  no member of a public
     2  retirement system: (i) who is an employee of the city of New York  shall
     3  have any rights created by the provisions of this article or (ii) who is
     4  not an employee of the city of New York shall have any rights created by
     5  this  article  resulting  from  any  prior employment by the city of New
     6  York. For the purposes herein: (i) the "city of New York" shall include:
     7  (a) every employer other than a state employer which participates in the
     8  New York city employees' retirement  system,  New  York  city  teachers'
     9  retirement system, New York city police pension fund, New York city fire
    10  department  pension fund or the New York city board of education retire-
    11  ment system, and (b) a city of New York  funded  college  of  the  state
    12  university  of  New  York located within such city, the city of New York
    13  libraries subject to section thirty-two of this chapter, and the  civil-
    14  ian  and  uniformed  employees  described  in  [subdivision  sixteen of]
    15  section twelve hundred [four] sixty-nine of the public authorities  law;
    16  and  (ii)  a  "state  employer" shall mean the unified court system, the
    17  senior colleges of the city university of New York and a public  benefit
    18  corporation,  public corporation or subsidiary corporation a majority of
    19  the members of which are appointed by the governor, designated by virtue
    20  of their state office or appointed or designated by any  combination  of
    21  the foregoing.
    22    §  23.  Subdivisions  2  and 3 of section 367-o of the social services
    23  law, as added by chapter 1 of the laws of 1999, paragraph (a) of  subdi-
    24  vision  2 and the opening paragraph of subdivision 3 as amended by chap-
    25  ter 419 of the laws of 2000  and  paragraph  (c)  of  subdivision  3  as
    26  amended  by section 31 of part H of chapter 686 of the laws of 2003, are
    27  amended to read as follows:
    28    2. Health insurance continuation demonstration.  (a) The  commissioner
    29  of  health  is  hereby authorized to establish mechanisms to improve the
    30  process of authorizing medical assistance payment  of  health  insurance
    31  premiums,  pursuant to paragraph (c) of subdivision one of section three
    32  hundred sixty-seven-a of this title, on behalf of personal care and home
    33  health care workers who reside in any city  with  a  population  of  one
    34  million  or  more and any county with a population of nine hundred thou-
    35  sand or more if such city or county is located within  the  metropolitan
    36  commuter  transportation  district  created  pursuant  to section twelve
    37  hundred [sixty-two] sixty-b of the public  authorities  law,  and  whose
    38  employment  is irregular, episodic, or cyclical, and whose health insur-
    39  ance coverage therefore is frequently disrupted.    Notwithstanding  the
    40  provisions  of  section  three  hundred  sixty-five  of  this title, the
    41  commissioner of health shall exercise discretion  to  determine  whether
    42  medical  assistance  payment  of such premiums is cost effective. If the
    43  commissioner of health determines that the test of cost effectiveness of
    44  insurance premiums is based on  other  than  a  case-by-case  basis,  no
    45  medical  assistance  payment  for  such  premiums will be made until the
    46  commissioner of health obtains all necessary approvals under federal law
    47  and regulation to receive federal financial participation in  the  costs
    48  of such medical assistance.
    49    (b)  The commissioner of health is authorized in consultation with the
    50  superintendent of insurance to require group health insurance plans  and
    51  employer-based  group  health  plans  to report to the department or its
    52  designee, insofar as such reporting does not violate any  provisions  of
    53  the  federal Employee Retirement Income Security Act of 1974 (ERISA), at
    54  such times and in such  manner  as  the  commissioner  of  health  shall
    55  decide,  any information needed to operate such a demonstration project,
    56  including, but not limited to, the number of persons in such  plans  who
        S. 994                             124                           A. 1924
 
     1  become  ineligible each month for the continuation coverage described in
     2  paragraph (a) of this subdivision. In addition, every health maintenance
     3  organization certified under article forty-four of the public health law
     4  and  every  insurer  licensed  by  the superintendent of insurance shall
     5  submit reports to the superintendent and to the commissioner  of  health
     6  in  such  form  and  at  such  times as may be required to implement the
     7  provisions of this subdivision.
     8    3. Rate incentive demonstration.   With  respect  to  a  demonstration
     9  program  authorized by subdivision one of this section, the commissioner
    10  of health may solicit and accept applications for participation  in  the
    11  demonstration  program  from  any  employer,  or  group of employers, of
    12  personal care workers or home health workers, who are  employed  in  any
    13  city  with  a  population  of  one million or more and any county with a
    14  population of nine hundred thousand or more if such city  or  county  is
    15  located within the metropolitan commuter transportation district created
    16  pursuant  to  section  twelve  hundred [sixty-two] sixty-b of the public
    17  authorities law, and  whose  employers  provide  services  primarily  to
    18  medical assistance recipients, if the following conditions are met:
    19    (a) at least fifty percent of the persons receiving services from such
    20  employers are recipients of medical assistance;
    21    (b)  the  employer  contributes  to  a  group health insurance plan or
    22  employer based group health plan on behalf of such employees; and
    23    (c) no benefits are provided under the group health insurance plan  or
    24  employer  based  group health plan in excess of the benefits provided to
    25  the majority of hospital workers in the community in which the  personal
    26  care  and  home  health  care  workers are employed. The commissioner of
    27  health is authorized to add up to fifty-eight million dollars  per  year
    28  for  the  period  January  first,  two thousand through December thirty-
    29  first, two thousand two, and  up  to  one  hundred  sixty-three  million
    30  dollars  per  year  for  the  period  January  first, two thousand three
    31  through June thirtieth, two thousand five, to rates of payment for qual-
    32  ifying personal care providers and certified home  health  agencies  who
    33  are  approved  to  participate in the demonstration program. The commis-
    34  sioner may modify the amounts made available  for  any  specific  annual
    35  period  so long as the total amount made available for the period of the
    36  demonstration is not exceeded.
    37    § 24. Subdivision 1 of section 17-b  of  the  transportation  law,  as
    38  amended  by  chapter  84  of  the  laws  of  1985, is amended to read as
    39  follows:
    40    1. Notwithstanding the  provisions  of  subdivision  [eight]  nine  of
    41  section  twelve  hundred  [sixty-six]  sixty-f  and subdivision seven of
    42  section twelve hundred ninety-nine-f of the public  authorities  law  or
    43  [of  subdivision  seventeen]  of  section  one hundred forty-two of this
    44  chapter, every transportation authority and every other public transpor-
    45  tation operator  or  carrier  receiving  mass  transportation  operating
    46  assistance pursuant to section eighteen-b of this chapter either direct-
    47  ly  from the department of transportation or through a county or munici-
    48  pality pursuant to said section, shall prepare and publicize a plan  for
    49  transportation  safety,  including  but not limited to equipment mainte-
    50  nance procedures, personnel safety training programs, accident reporting
    51  systems, passenger safety practices and the persons responsible for  the
    52  implementation of such practices and programs. Every authority and every
    53  other  public transportation operator or carrier required herein to file
    54  such a plan shall review such plan biennially and  amend  such  plan  if
    55  amendments are necessary.
        S. 994                             125                           A. 1924
 
     1    §  25. Any rule or regulation promulgated by the Triborough bridge and
     2  tunnel authority, the New York city transit authority, the Manhattan and
     3  Bronx surface transit operating authority, the Staten Island rapid tran-
     4  sit operating authority, the metropolitan suburban  bus  authority,  the
     5  Long  Island  rail  road  company  or  the Metro-North commuter railroad
     6  company prior to the effective date of this act shall not be impaired in
     7  any way by the adoption of this act and shall remain in full  force  and
     8  effect  unless  and  until  amended  by  the metropolitan transportation
     9  authority or a subsidiary thereof created by this act, as the  case  may
    10  be.  Any  notice  of violation or other accusatory instrument charging a
    11  violation of any such rule or regulation may be issued in the name of or
    12  on behalf of such subsidiary corporation acquiring ownership,  jurisdic-
    13  tion or control over the facilities or other property upon which the act
    14  or acts constituting a violation of such rule or regulation arises.
    15    §  26.  Subdivision  3 of section 13-101 of the administrative code of
    16  the city of New York is amended by adding two new paragraphs c and d  to
    17  read as follows:
    18    c.  Service  as  an  employee  of  MTA bridges and tunnels, created by
    19  section twelve hundred sixty-five of the public authorities law, and  as
    20  an  employee  of  MTA  subways, created by section twelve hundred sixty-
    21  eight of the public authorities law, shall constitute  city  service  as
    22  defined in this subdivision.
    23    d.  (i)  Except  as  provided  in subparagraph (ii) of this paragraph,
    24  service as an employee of the MTA bus created by section twelve  hundred
    25  seventy-one  of  the  public  authorities law shall not constitute or be
    26  deemed to constitute city service as defined in this subdivision.
    27    (ii) Notwithstanding any other provision of law to the contrary, where
    28  a member of the retirement system employed by the New York city  transit
    29  authority  has been transferred from the New York city transit authority
    30  to MTA bus pursuant to the provisions of section twelve  hundred  seven-
    31  ty-one-c  of  the  public  authorities law, the service rendered by such
    32  transferred person as a paid employee of the MTA bus shall be deemed  to
    33  be service as a paid employee of the New York city transit authority for
    34  the  purposes  of  determining the rights and obligations of such person
    35  pursuant to the provisions of this chapter, the  retirement  and  social
    36  security  law  or  any other law governing the rights and obligations of
    37  retirement system members, provided, however, that MTA bus, and not  the
    38  New  York  city transit authority, shall make all employer contributions
    39  to the retirement system  for  such  service  which  MTA  bus  would  be
    40  required  to  make  under applicable law if the service rendered by such
    41  transferred person as a paid employee of  MTA  bus  were  actually  city
    42  service as defined in this subdivision.
    43    §  27.  This act shall take effect on the ninetieth day after it shall
    44  have become a law; provided, however, that section five of this act  and
    45  the  repeal  of  section  1270-a  of  the public authorities law made by
    46  section three of this act shall not become effective  until  January  1,
    47  2006 and moneys deposited into the metropolitan transportation authority
    48  special  assistance fund prior to January 1, 2006, shall be used for the
    49  same transit and commuter purposes assumed by the successor entities  to
    50  the  entities  identified  in  such section 1270-a; and provided further
    51  that section twelve of this act shall apply to mortgages recorded on  or
    52  after  the  first day of the month succeeding the effective date of this
    53  act.
 
    54                                   PART B
        S. 994                             126                           A. 1924
 
     1    Section 1. Section 1203 of the public authorities law  is  amended  by
     2  adding a new subdivision 8 to read as follows:
     3    8.  Notwithstanding any other provision of law, upon the conveyance of
     4  the transit facilities in accordance with this section, whether by deed,
     5  lease, license or other arrangement, the authority shall be  deemed  the
     6  sole  owner  of  such  facilities  with  respect  to all obligations and
     7  liabilities imposed by law on property owners.
     8    § 2. Section 1203-a of the public authorities law is amended by adding
     9  a new subdivision 12 to read as follows:
    10    12. Notwithstanding any other provision of law, upon the conveyance of
    11  any omnibus line acquired by the city to the subsidiary  corporation  in
    12  accordance with this section, the subsidiary corporation shall be deemed
    13  the  sole  owner  of such facilities with respect to all obligations and
    14  liabilities imposed by law on property owners.
    15    § 3. This act shall take effect immediately and  shall  apply  to  all
    16  matters arising on or after such effective date and to all matters pend-
    17  ing on such effective date.
 
    18                                   PART C
 
    19    Section  1.    The  sum of three hundred sixteen million three hundred
    20  ninety-seven thousand dollars ($316,397,000),  or  so  much  thereof  as
    21  shall  be  necessary, and in addition to amounts previously appropriated
    22  by law, is hereby made available, in accordance with  subdivision  1  of
    23  section  380  of the public authorities law as amended, according to the
    24  following schedule.   Payments  pursuant  to  subdivision  (a)  of  this
    25  section  shall  be  made  available  as moneys become available for such
    26  payments. Payments pursuant to subdivisions (b) and (c) of this  section
    27  shall  be made available on the fifteenth day of June, September, Decem-
    28  ber and March or as soon thereafter as moneys become available for  such
    29  payments.  No  moneys  of  the state in the state treasury or any of its
    30  funds shall be available for payments pursuant to this section:
    31                                  SCHEDULE
    32    (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
    33  to municipalities for repayment of eligible costs of federal aid munici-
    34  pal street and highway projects pursuant to section 15 of chapter 329 of
    35  the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
    36  1991, as amended. The department of transportation  shall  provide  such
    37  information  to  the  municipalities as may be necessary to maintain the
    38  federal tax exempt status of any  bonds,  notes,  or  other  obligations
    39  issued  by  such  municipalities to provide for the non-federal share of
    40  the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
    41  section 80-b of the highway law.
    42    The  program  authorized  pursuant to section 15 of chapter 329 of the
    43  laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
    44  as amended, shall additionally make payments for reimbursement according
    45  to the following schedule:
    46                      State Fiscal Year        Amount
    47                      2006-07                  $39,700,000
    48                      2007-08                  $39,700,000
    49                      2008-09                  $39,700,000
    50                      2009-10                  $39,700,000
    51    (b)  Two  hundred  seventeen  million  nine  hundred  thousand dollars
    52  ($217,900,000) to counties, cities, towns and villages for reimbursement
    53  of eligible costs of local  highway  and  bridge  projects  pursuant  to
    54  sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
        S. 994                             127                           A. 1924
 
     1  section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
     2  purposes of computing allocations to municipalities, the amount distrib-
     3  uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
     4  deemed  to  be $114,188,000.  The amount distributed pursuant to section
     5  16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
     6  $103,712,000.   Notwithstanding the provisions of any general or special
     7  law, the amounts deemed distributed in accordance  with  section  16  of
     8  chapter  329  of the laws of 1991 shall be adjusted so that such amounts
     9  will not be less than 78.750 percent of the "funding level"  as  defined
    10  in  subdivision 5 of section 10-c of the highway law for each such muni-
    11  cipality. In order to achieve the objectives of section  16  of  chapter
    12  329  of the laws of 1991, to the extent necessary, the amounts in excess
    13  of 78.750 percent of the funding level to be deemed distributed to  each
    14  municipality  under  this  subdivision shall be reduced in equal propor-
    15  tion.
    16    (c) Fifty-eight million seven hundred  ninety-seven  thousand  dollars
    17  ($58,797,000)  to  municipalities for reimbursement of eligible costs of
    18  local highway and bridge projects pursuant to sections 16  and  16-a  of
    19  chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
    20  the  laws of 1991, as amended. For the purposes of computing allocations
    21  to municipalities, the amount distributed  pursuant  to  section  16  of
    22  chapter  329  of the laws of 1991 shall be deemed to be $30,812,000. The
    23  amount distributed pursuant to section 16-a of chapter 329 of  the  laws
    24  of   1991  shall  be  deemed  to  be  $27,985,000.  Notwithstanding  the
    25  provisions of any general or special law, the amounts deemed distributed
    26  in accordance with section 16 of chapter 329 of the laws of  1991  shall
    27  be adjusted so that such amounts will not be less than 21.250 percent of
    28  the  "funding  level" as defined in subdivision 5 of section 10-c of the
    29  highway law for each such municipality. In order to achieve  the  objec-
    30  tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
    31  necessary, the amounts in excess of 21.250 percent of the funding  level
    32  to be deemed distributed to each municipality under this paragraph shall
    33  be  reduced in equal proportion. To the extent that the total of remain-
    34  ing payment allocations calculated herein varies from  $58,797,000,  the
    35  payment amounts to each locality shall be adjusted by a uniform percent-
    36  age so that the total payments equal $58,797,000.
    37    The program authorized pursuant to sections 16 and 16-a of chapter 329
    38  of the laws of 1991, as added by section 9 of chapter 330 of the laws of
    39  1991,  as  amended,  shall  additionally make payments for reimbursement
    40  according to the following schedule:
    41                      State Fiscal Year        Amount
    42                      2006-07                  $276,697,000
    43                      2007-08                  $276,697,000
    44                      2008-09                  $276,697,000
    45                      2009-10                  $276,697,000
    46    § 2. Subdivision (b) of section 11 of chapter 329 of the laws of 1991,
    47  amending the state finance law and other laws relating to the establish-
    48  ment of the dedicated highway and  bridge  trust  fund,  as  amended  by
    49  section  2  of  part  B of chapter 59 of the laws of 2004, is amended to
    50  read as follows:
    51    (b) Any service contract or contracts for projects authorized pursuant
    52  to sections 10-c, 10-f, 10-g and 80-b of the  highway  law  and  section
    53  14-k of the transportation law, and entered into pursuant to subdivision
    54  (a)  of  this  section,  shall  provide for state commitments to provide
    55  annually to the thruway authority a sum or sums,  upon  such  terms  and
    56  conditions as shall be deemed appropriate by the director of the budget,
        S. 994                             128                           A. 1924
 
     1  to fund, or fund the debt service requirements of any bonds or any obli-
     2  gations  of  the thruway authority issued to fund such projects having a
     3  cost not in excess of [$4,029.04] $5,611.00 million cumulatively by  the
     4  end of fiscal year [2004-05] 2009-10.
     5    §  3.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2005.
 
     7                                   PART D
 
     8    Section 1. The section heading and subdivisions (a) and (c) of section
     9  1680 of the vehicle and traffic law, the section heading and subdivision
    10  (a) as amended by chapter 420 of the laws of 1968, and  subdivision  (c)
    11  as  amended  by  chapter 210 of the laws of 1976, are amended to read as
    12  follows:
    13    Department of transportation to [adopt]  maintain  manual  of  uniform
    14  traffic-control  devices.  (a)  The  department  of transportation shall
    15  [adopt] maintain a manual and specifications for  a  uniform  system  of
    16  traffic-control  devices  consistent with the provisions of this chapter
    17  for use upon highways within  this  state.  Such  uniform  system  shall
    18  correlate   with  and  so  far  as  [practicable]  possible  conform  to
    19  nationally accepted standards.  To the extent that the  National  Manual
    20  on  Uniform  Traffic  Control  Devices  (hereinafter referred to in this
    21  section as MUTCD), promulgated by  the  Federal  Highway  Administration
    22  pursuant  to  subpart  F  of part 655 of Title 23 of the Code of Federal
    23  Regulations and subject to a public comment period  under  federal  law,
    24  does not conflict with the provisions of this chapter and the provisions
    25  of  other  laws  of  the state, the National MUTCD shall constitute such
    26  state manual and specifications;  provided,  however,  such  manual  and
    27  specifications  may be modified by the commissioner of transportation by
    28  the adoption of a supplement or supplements as such commissioner  deter-
    29  mines  warranted.  The  manual  and its specifications is adopted as the
    30  state standard for traffic control devices on any  street,  highway,  or
    31  bicycle path open to public travel.  No person shall install or maintain
    32  in  any  area  of  private property used by the public any sign, signal,
    33  marking or other device intended to  regulate,  warn  or  guide  traffic
    34  unless  it  conforms with the state manual and specifications maintained
    35  under this section.
    36    (c) No state or local authority shall hereafter fabricate or  purchase
    37  any  traffic-control  device that does not conform to the current manual
    38  and specifications as amended from time  to  time.  No  state  or  local
    39  authority  shall  hereafter install any traffic-control device that does
    40  not conform to the current manual and  specifications  as  amended  from
    41  time to time, except that devices that are on order or on hand and serv-
    42  iceable  or operable may be installed [if they conform to specifications
    43  that were current within the preceding ten years]  and  used  until  the
    44  phase-in  compliance  date  specified  in  the  MUTCD. No state or local
    45  authority shall continue to use any traffic-control device that does not
    46  conform to the current manual and specifications as amended from time to
    47  time [or to specifications that were current within  the  preceding  ten
    48  years]  beyond  the  phase-in  compliance  date  specified in the MUTCD,
    49  except that a city having a population in excess of  one  million  shall
    50  conform  to  the  state  manual  and specifications only insofar as such
    51  local authority in its discretion deems practicable.
    52    § 2. Subdivision (b) of section 1172 of the vehicle and traffic law is
    53  amended to read as follows:
        S. 994                             129                           A. 1924
 
     1    (b) The driver of a vehicle approaching a yield sign if  required  for
     2  safety  to stop shall stop at a clearly marked [stop] yield line, but if
     3  none, then shall stop before entering the crosswalk on the near side  of
     4  the  intersection,  or  in the event there is no crosswalk, at the point
     5  nearest  the  intersecting  roadway  where  the driver has a view of the
     6  approaching traffic on the  intersecting  roadway  before  entering  the
     7  intersection and the right to proceed shall be subject to the provisions
     8  of section eleven hundred forty-two of this title.
     9    §  3. Section 1113 of the vehicle and traffic law, as amended by chap-
    10  ter 356 of the laws of 1971, subdivision (a) as amended by  chapter  420
    11  of the laws of 1980, is amended to read as follows:
    12    § 1113. Flashing signal indications. Whenever traffic is controlled by
    13  a  flashing signal used in a traffic sign or signal, only the colors red
    14  and yellow shall be used, and said signals shall indicate and  apply  to
    15  drivers of vehicles as follows:
    16    (a)  Flashing red indications. Unless to make another movement permit-
    17  ted by other indications shown  at  the  same  time,  vehicular  traffic
    18  facing a circular red signal or red arrow with rapid intermittent flash-
    19  es  shall  stop  at  a clearly marked stop line, but if none, then shall
    20  stop before entering the crosswalk on the near side of the intersection,
    21  or in the event there is no crosswalk, at the point nearest  the  inter-
    22  secting  roadway  where  the driver has a view of approaching traffic on
    23  the intersecting roadway before entering the intersection and the  right
    24  to  proceed shall be subject to the rules applicable after making a stop
    25  at a stop sign.
    26    (b) Flashing yellow indications. Vehicular traffic facing  a  circular
    27  yellow  signal  or  yellow  arrow  with  rapid  intermittent flashes may
    28  proceed through the intersection or past such signal only with caution.
    29    (c) Flashing red arrows and flashing yellow arrow indications have the
    30  same meaning as the corresponding flashing circular indications,  except
    31  that  they apply only to drivers of vehicles intending to make the move-
    32  ment indicated by the arrow.
    33    (d) This section shall not apply at railroad grade crossings.  Conduct
    34  of drivers of vehicles approaching railroad  grade  crossings  shall  be
    35  governed  by the rules as set forth in section eleven hundred seventy of
    36  this title.
    37    § 4. Section 599-a of the general business law, as  added  by  chapter
    38  423 of the laws of 1974, is amended to read as follows:
    39    §  599-a.  Prohibition  on  sale. It shall be unlawful for any person,
    40  firm, association or corporation to sell, lease, or offer  for  sale  or
    41  hire for use in this state any traffic control device unless it conforms
    42  to  the current manual and specifications for a uniform system of traff-
    43  ic-control devices [adopted] maintained by the department of transporta-
    44  tion or unless a certificate of approval has been issued by the  commis-
    45  sioner of transportation.
    46    §  5.  This  act  shall take effect immediately and shall be deemed to
    47  have been in full force and effect on and after April 1, 2005,  provided
    48  that  section  one of this act shall take effect one year after it shall
    49  have become a law.
 
    50                                   PART E
 
    51    Section 1. Section 9 of chapter 533 of the laws of 1993, amending  the
    52  vehicle  and  traffic law and the correction law relating to the suspen-
    53  sion and revocation of driver's  licenses  upon  conviction  of  certain
        S. 994                             130                           A. 1924
 
     1  drug-related offenses, as amended by chapter 487 of the laws of 2003, is
     2  amended to read as follows:
     3    §  9. This act shall take effect September 30, 1993 and shall apply to
     4  convictions based on offenses which occurred on or after such date  [and
     5  shall  remain  in  full force and effect until October 1, 2005 when upon
     6  such date the provisions of this act shall be deemed  repealed  and  the
     7  provisions  of law amended by this act shall revert to and be read as if
     8  the provisions of this act had not been enacted].
     9    § 2. Section 7 of chapter 312 of the laws of 1994, amending the  vehi-
    10  cle  and  traffic law relating to suspensions of licenses pending prose-
    11  cution of certain alcohol-related charges, and authorizations for proba-
    12  tionary and conditional driver's licenses, as amended by chapter 487  of
    13  the laws of 2003, is amended to read as follows:
    14    §  7.  This  act  shall take effect immediately; provided however that
    15  sections three, four, five and six of this act shall take effect on  the
    16  first  day  of  November next succeeding the date on which it shall have
    17  become a law and shall apply to offenses  committed  on  or  after  such
    18  date[; provided further, however, that the amendment to paragraph (c) of
    19  subdivision  2  of  section  1193 of the vehicle and traffic law made by
    20  section two of this act shall take effect on the same date as such para-
    21  graph takes effect pursuant to section 9 of chapter 533 of the  laws  of
    22  1993, as amended; provided, further, that the provisions of section four
    23  of  this act shall remain in full force and effect until October 1, 2005
    24  when upon such date the provisions  of  such  section  shall  be  deemed
    25  repealed  and the provisions of law amended by such section shall revert
    26  to and be read as if  the  provisions  of  such  section  had  not  been
    27  enacted].
    28    §  3.  This  act shall take effect immediately, and shall be deemed to
    29  have been in full force and effect on and after April 1, 2005.
 
    30                                   PART F
 
    31    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    32  section 109-c to read as follows:
    33    § 109-c. Conviction. Any conviction as defined in subdivision thirteen
    34  of  section 1.20 of the criminal procedure law; provided, however, where
    35  a conviction or administrative finding in this state  or  another  state
    36  results  in  a mandatory sanction against a commercial driver's license,
    37  as set forth in sections five hundred ten, five  hundred  ten-a,  eleven
    38  hundred  ninety-two  and  eleven  hundred  ninety-four  of this chapter,
    39  conviction shall also mean an unvacated  adjudication  of  guilt,  or  a
    40  determination  that  a  person has violated or failed to comply with the
    41  law in a court of original jurisdiction or by an authorized  administra-
    42  tive  tribunal,  an unvacated forfeiture of bail or collateral deposited
    43  to secure the person's appearance in court, a plea  of  guilty  or  nolo
    44  contendere  accepted  by the court, the payment of a fine or court cost,
    45  or violation of a condition  of  release  without  bail,  regardless  of
    46  whether or not the penalty is rebated, suspended, or probated.
    47    §  2. Paragraph (i) of subdivision 1 of section 201 of the vehicle and
    48  traffic law, as amended by chapter 432 of the laws of 1997,  is  amended
    49  to read as follows:
    50    (i)  (i)  any accident reports filed with the commissioner, conviction
    51  certificates, police reports, complaints,  satisfied  judgment  records,
    52  closed  suspension  and  revocation  orders, hearing records, other than
    53  audio tape recordings of hearings, significant  correspondence  relating
    54  to any of the same, and any other record on file after remaining on file
        S. 994                             131                           A. 1924
 
     1  for four years except that if the commissioner shall receive, during the
     2  last  year of such period of four years, written notice to retain one or
     3  more of such papers or documents, the same shall be retained for another
     4  four  years  in addition to said period of four years. The provisions of
     5  this paragraph shall not apply to certificates of conviction filed  with
     6  respect  to convictions which affect sentencing or administrative action
     7  required by law beyond such four year period.  Such certificates may  be
     8  destroyed  after  they have no legal effect on sentencing or administra-
     9  tive action;
    10    (ii)(A) Notwithstanding the provisions of  subparagraph  (i)  of  this
    11  paragraph,  the commissioner may destroy any conviction certificates and
    12  closed suspension and revocation orders after remaining on file for:
    13    (1) fifty-five years where the conviction and suspension or revocation
    14  order relates to a conviction, suspension or revocation by the holder of
    15  a commercial driver's license who, when operating any motor vehicle, has
    16  refused to submit to a chemical test pursuant to section eleven  hundred
    17  ninety-four of this chapter, or has been convicted of any of the follow-
    18  ing  offenses while operating any motor vehicle: any violation of subdi-
    19  vision two, three or four of section eleven hundred ninety-two  of  this
    20  chapter,  any violation of subdivision one or two of section six hundred
    21  of this chapter, any felony involving the use of a motor vehicle,  other
    22  than  the use of a motor vehicle in the commission of a felony involving
    23  manufacturing, distributing, dispensing a controlled substance;  or  the
    24  conviction,  suspension  or  revocation  involves  any  of the following
    25  offenses while operating a commercial motor vehicle:  any  violation  of
    26  subdivision  five  or  six  of section eleven hundred ninety-two of this
    27  chapter, driving a commercial motor vehicle when as a  result  of  prior
    28  violations  committed  while  operating  a commercial motor vehicle, the
    29  driver's commercial driver's license is suspended  or  revoked,  or  has
    30  been  convicted of causing a fatality through the negligent operation of
    31  a commercial motor vehicle, including but not limited to the  crimes  of
    32  vehicular manslaughter and criminally negligent homicide as set forth in
    33  article one hundred twenty-five of the penal law;
    34    (2) ten years for violating an out of service order as provided for in
    35  the  rules  and  regulations  of  the department of motor vehicles while
    36  operating a commercial motor vehicle; or
    37    (B) Any conviction arising out of the use of a motor  vehicle  in  the
    38  commission   of  a  felony  involving  manufacturing,  distributing,  or
    39  dispensing a controlled substance shall never be destroyed.
    40    (C) The provisions of this subparagraph shall only  apply  to  records
    41  requested by a state, the United States secretary of transportation, the
    42  person  who is the subject of the record, or a motor carrier or prospec-
    43  tive motor carrier who employs or who may employ the person who  is  the
    44  subject of the record.
    45    §  3.  Subparagraph  (ii) of paragraph (b) of subdivision 2 of section
    46  501 of the vehicle and traffic law, as amended by section 1 of part I of
    47  chapter 62 of the laws of 2003, is amended to read as follows:
    48    (ii) H endorsement. Shall be required to transport hazardous materials
    49  as defined in section one  hundred  three  of  the  hazardous  materials
    50  transportation  act, public law 93-633, title I, when the vehicle trans-
    51  porting such materials is required to be placarded under  the  hazardous
    52  materials  regulation, 49 CFR part 172, subpart F or is transporting any
    53  quantity of material listed as a select agent or toxin in  42  CFR  part
    54  73.  An  applicant  for  a commercial driver's license in this state who
    55  wishes to transport hazardous materials must obtain  a  New  York  state
    56  hazardous  materials  endorsement  even  if such applicant holds a valid
        S. 994                             132                           A. 1924
 
     1  hazardous materials endorsement issued by another state.  A farm vehicle
     2  shall be exempt from the requirement for such  endorsement  when  trans-
     3  porting  hazardous  materials  within  one  hundred  fifty  miles of the
     4  person's  farm.  However, a separate non-commercial endorsement shall be
     5  required for such exempted  transportation.  In  order  to  obtain  such
     6  endorsement, the license holder must submit fingerprints for purposes of
     7  a  criminal  history  record  check  pursuant to subdivision six of this
     8  section.
     9    § 4. Subparagraph (viii) of paragraph (b) of subdivision 2 of  section
    10  501  of the vehicle and traffic law, as added by chapter 552 of the laws
    11  of 1994, is amended to read as follows:
    12    (viii) [CT] W endorsement. Shall be required to operate a tow truck.
    13    § 5. Paragraph (b) of subdivision 2 of section 501 of the vehicle  and
    14  traffic  law  is  amended  by  adding  a new subparagraph (x) to read as
    15  follows:
    16    (x) S endorsement. Shall be required  to  operate  a  school  bus,  as
    17  defined  in  section  one  hundred  forty-two  of this chapter, which is
    18  designed or used to transport fifteen or more passengers.
    19    § 6. Subparagraph (i) of paragraph (d) of subdivision 2 of section 501
    20  of the vehicle and traffic law, as amended by chapter 382 of the laws of
    21  1998, is amended to read as follows:
    22    (i) Notwithstanding the foregoing provisions of  this  subdivision,  a
    23  motor  vehicle or combination of vehicles, other than a motorcycle, that
    24  is a military vehicle operated by a member of the  armed  forces,  or  a
    25  police  or  fire  vehicle  used in an emergency operation, as defined in
    26  section one hundred fourteen-b of this chapter, or a vehicle  owned  and
    27  identified as being owned by the state, a political subdivision thereof,
    28  an  ambulance  service  as  defined  in subdivision two of section three
    29  thousand one of the public health law or a voluntary  ambulance  service
    30  as  defined  in  subdivision  three  of such section and used to provide
    31  emergency medical service as defined in section three  thousand  one  of
    32  the  public health law may be operated with any class license other than
    33  a class DJ, M or MJ license.   For the purposes of  this  paragraph  the
    34  term  "member  of  the  armed forces" shall include active duty military
    35  personnel; members of the military reserves;  members  of  the  national
    36  guard  on  active  duty,  including  personnel on full time active guard
    37  duty, personnel on part-time national guard training, and national guard
    38  military technicians  (civilians  who  are  required  to  wear  military
    39  uniforms); and active duty United States coast guard personnel. The term
    40  shall not include United States reserve technicians.
    41    §  7.  Subdivision 6 of section 501 of the vehicle and traffic law, as
    42  added by section 2 of part I of chapter 62  of  the  laws  of  2003,  is
    43  amended to read as follows:
    44    6.  H  endorsement  criminal  history record check. Upon receipt of an
    45  application and completion of all  other  requirements  imposed  by  the
    46  commissioner  for  an  H endorsement to permit the operator to transport
    47  hazardous materials as defined in  section  one  hundred  three  of  the
    48  hazardous materials transportation act, public law 93-633, title I, when
    49  the  vehicle  transporting  such  materials  is required to be placarded
    50  under the hazardous materials regulation, 49 CFR part 172, subpart F, or
    51  is transporting any quantity of material listed as  a  select  agent  or
    52  toxin  in  42  CFR  part  73, the commissioner, subject to the rules and
    53  regulations of the division of criminal justice services, shall initiate
    54  a criminal history record check of the person  making  the  application.
    55  The  commissioner  shall  obtain from each applicant two sets of finger-
    56  prints and the division of  criminal  justice  services  processing  fee
        S. 994                             133                           A. 1924
 
     1  imposed  pursuant  to subdivision eight-a of section eight hundred thir-
     2  ty-seven of the executive law and any fee imposed by the federal  bureau
     3  of  investigation. The commissioner shall promptly transmit such finger-
     4  prints  and  fees to the division of criminal justice services for proc-
     5  essing. The federal bureau of investigation and the division of criminal
     6  justice services shall forward such criminal history record, if any,  to
     7  the  commissioner.  All such criminal history records processed and sent
     8  pursuant to this section shall be confidential pursuant to the  applica-
     9  ble  federal  and  state  laws,  rules and regulations, and shall not be
    10  published or in any way  disclosed  to  persons  other  than  authorized
    11  personnel,  unless  otherwise  authorized  by  law.  No  cause of action
    12  against the commissioner, the department or  the  division  of  criminal
    13  justice  services  for  damages related to the dissemination of criminal
    14  history records pursuant to this section shall exist  when  the  commis-
    15  sioner,  department or division of criminal justice services has reason-
    16  ably and in good faith relied upon  the  accuracy  and  completeness  of
    17  criminal  history information furnished to it by qualified agencies. The
    18  provision of such  information  by  the  division  of  criminal  justice
    19  services  shall  be  subject to the provisions of subdivision sixteen of
    20  section two hundred ninety-six of the executive law.  The  consideration
    21  of  such criminal history record by the commissioner shall be subject to
    22  article twenty-three-A of the correction  law.  The  commissioner  shall
    23  review such criminal history record for a conviction within the previous
    24  ten  years  for:  (i)  any violent felony offense, as defined in section
    25  70.02 of the penal law; or  (ii)  any  felony  defined  in  article  one
    26  hundred twenty, one hundred twenty-five, one hundred thirty, one hundred
    27  thirty-five,  one  hundred  forty,  one  hundred forty-five, one hundred
    28  fifty, one hundred fifty-five, one hundred sixty, one  hundred  seventy,
    29  one  hundred  seventy-five,  two  hundred,  two hundred ten, two hundred
    30  twenty, two hundred twenty-one, two hundred forty,  two  hundred  sixty-
    31  five,  four  hundred  sixty,  four hundred seventy, four hundred eighty-
    32  five, or four hundred ninety of the penal law or  section  fifty-three-e
    33  of  the railroad law; or (iii) any offense in another jurisdiction which
    34  includes all of the essential elements of  such  offenses  described  in
    35  paragraphs  (i) and (ii) of this subdivision and for which a sentence of
    36  imprisonment for more than one year was authorized in the  other  juris-
    37  diction  and  is  authorized  in  this state, regardless of whether such
    38  sentence was imposed; or any of the following federal offenses: improper
    39  transportation of a hazardous material, as defined in 49  U.S.C.  46312,
    40  conveying  false  information or threats, as defined in 49 U.S.C. 46507,
    41  espionage, as defined in 18  U.S.C.  793,  794  or  3077,  sedition,  as
    42  defined  in  18  U.S.C. 2384, 2385 or section 4 of the subversive activ-
    43  ities control act of 1950, treason, as defined  in  18  U.S.C.  2381  or
    44  conspiracy  or solicitation, as defined in 18 U.S.C. 371 or 373; or (iv)
    45  an attempt or conspiracy to commit any  of  the  offenses  specified  in
    46  paragraphs  (i), (ii), or (iii) of this subdivision. In calculating such
    47  ten year period, any period of time during which the person  was  incar-
    48  cerated  for  any  reason between the time of commission of the previous
    49  felony and the time  of  commission  of  the  present  felony  shall  be
    50  excluded and such ten year period shall be extended by a period or peri-
    51  ods  equal to the time served under such incarceration. After receipt of
    52  a  criminal  history  record  from  the  division  of  criminal  justice
    53  services,  if  any,  and  review  of such record, the commissioner shall
    54  promptly notify the applicant whether he or she will  be  granted  an  H
    55  endorsement  based  upon  the  applicant's criminal history and promptly
    56  notify such  applicant  of  the  determination  and  the  procedure  for
        S. 994                             134                           A. 1924
 
     1  requesting  a  hearing pursuant to this subdivision. If the commissioner
     2  denies an applicant an H endorsement based either in whole or in part on
     3  such applicant's criminal record,  the  commissioner  must  notify  such
     4  applicant of the basis for such denial, and afford such applicant notice
     5  and  an  opportunity  to  be heard and offer proof in opposition to such
     6  determination. If the  applicant  requests  a  hearing  to  contest  the
     7  commissioner's  determination,  such  hearing must be requested no later
     8  than thirty days after the applicant's receipt of the determination  and
     9  must be scheduled by the commissioner within sixty days of such request.
    10  Upon  request  and pursuant to the rules and regulations of the division
    11  of criminal justice services, any applicant may obtain, review and  seek
    12  correction of his or her criminal history record.
    13    § 8. Subdivision 3 of section 501-a of the vehicle and traffic law, as
    14  added by chapter 173 of the laws of 1990, is amended to read as follows:
    15    3.  Hazardous  materials. [Materials as defined in section one hundred
    16  three of the hazardous materials transportation act, public law  93-633,
    17  title  I.]  Any  material that has been designated as hazardous under 49
    18  U.S.C. 5103 and is required to be placarded under subpart F  of  49  CFR
    19  part 172 or any quantity of a material listed as a select agent or toxin
    20  in 42 CFR part 73.
    21    §  9.  Subparagraph  (v)  of paragraph (a) of subdivision 4 of section
    22  501-a of the vehicle and traffic law, as added by  chapter  173  of  the
    23  laws of 1990, is amended to read as follows:
    24    (v) of any size, other than a farm vehicle operated within one hundred
    25  fifty  miles of the operator's farm, used in the transportation of mate-
    26  rials found by the United  States  secretary  of  transportation  to  be
    27  hazardous  under  the  hazardous  materials transportation act and which
    28  requires the motor vehicle transporting such materials to  be  placarded
    29  under  the hazardous materials regulation, 49 CFR part 172, subpart F or
    30  is transporting any quantity of a material listed as a select  agent  or
    31  toxin in 42 CFR part 73.
    32    §  10.  Paragraph (b) of subdivision 4 of section 501-a of the vehicle
    33  and traffic law, as amended by chapter 382  of  the  laws  of  1998,  is
    34  amended to read as follows:
    35    (b)  However,  a  commercial  motor  vehicle  shall not include: (i) a
    36  personal use vehicle or a farm vehicle or a combination  of  such  vehi-
    37  cles;  (ii) a military vehicle or combination of military vehicles oper-
    38  ated by a member of the armed forces; (iii) a police or fire vehicle  or
    39  a  vehicle  used  in  an  emergency operation, as defined in section one
    40  hundred fourteen-b of this chapter, owned and identified as being  owned
    41  by  the  state, a political subdivision thereof, an ambulance service as
    42  defined in subdivision two of section three thousand one of  the  public
    43  health  law  or  a voluntary ambulance service as defined in subdivision
    44  three of such section and used to provide emergency medical  service  as
    45  defined in section three thousand one of the public health law or combi-
    46  nation  of  such  vehicles; or (iv) a vehicle or combination of vehicles
    47  which is designed and primarily used for purposes other than the  trans-
    48  portation of persons or property and which is operated on a public high-
    49  way  only  occasionally  for  the  purpose  of  being  transported  to a
    50  construction or off-highway site at which its primary purpose is  to  be
    51  performed except as may otherwise be specifically provided by regulation
    52  of  the  commissioner.    For  the  purposes of this paragraph, the term
    53  "member of the armed forces" shall include active duty military  person-
    54  nel;  members of the military reserves; members of the national guard on
    55  active duty, including personnel on full time active guard duty, person-
    56  nel on part-time national guard training, and  national  guard  military
        S. 994                             135                           A. 1924
 
     1  technicians  (civilians who are required to wear military uniforms); and
     2  active duty United States coast guard  personnel.  The  term  shall  not
     3  include United States reserve technicians.
     4    § 11. Paragraph (c) of subdivision 5 of section 502 of the vehicle and
     5  traffic  law, as added by chapter 173 of the laws of 1990, is amended to
     6  read as follows:
     7    (c) The commissioner shall not issue a commercial driver's license  to
     8  a  person  while  such  person would be subject to disqualification from
     9  operating a commercial motor vehicle for any  cause  set  forth  in  the
    10  commercial  motor  vehicle  safety  act  of nineteen hundred eighty-six,
    11  public law 99-570, title XII and regulations promulgated thereunder.  In
    12  addition, the commissioner shall suspend a commercial  driver's  license
    13  while  such driver is determined to constitute an imminent hazard and is
    14  subject to disqualification pursuant to 49 C.F.R 383.52.
    15    § 12. Paragraphs b, c and subparagraph (i) of paragraph d of  subdivi-
    16  sion  6 of section 510 of the vehicle and traffic law, as added by chap-
    17  ter 173 of the laws of 1990, are amended to read as follows:
    18    b. Except as otherwise provided in paragraph c  of  this  subdivision,
    19  where  revocation  is  mandatory pursuant to subparagraph (iii) of para-
    20  graph a of subdivision two of this section [and the violation of  subdi-
    21  vision  two  of  section six hundred of this chapter was committed while
    22  operating a  commercial  motor  vehicle],  no  new  commercial  driver's
    23  license  shall  be issued for at least one year nor thereafter except in
    24  the discretion of the commissioner,  except  that  if  such  person  has
    25  previously  been  found  to  have  refused  a  chemical test pursuant to
    26  section eleven hundred ninety-four of this chapter  [while  operating  a
    27  commercial  motor  vehicle]  or  has  a  prior  conviction of any of the
    28  following offenses [while operating a  commercial  motor  vehicle]:  any
    29  violation  of  section  eleven  hundred  ninety-two of this chapter; any
    30  violation of subdivision one or two of section six hundred of this chap-
    31  ter; or has a prior conviction of any felony  involving  the  use  of  a
    32  [commercial]  motor vehicle pursuant to paragraph (a) of subdivision one
    33  of section five hundred ten-a of  this  article,  then  such  commercial
    34  driver's license revocation shall be permanent.
    35    c.  Where  revocation  is  mandatory  pursuant  to  subdivision one or
    36  subparagraph (iii) of paragraph a of subdivision two of this section and
    37  the violation of subdivision two of section six hundred of this  chapter
    38  was  committed  while  operating a commercial motor vehicle transporting
    39  hazardous materials, no new commercial driver's license shall be  issued
    40  for  at least three years nor thereafter except in the discretion of the
    41  commissioner, except that if such person has previously  been  found  to
    42  have  refused a chemical test pursuant to section eleven hundred ninety-
    43  four of this chapter [while operating a commercial motor vehicle] or has
    44  a prior conviction of any of the following offenses [while  operating  a
    45  commercial motor vehicle]: any violation of section eleven hundred nine-
    46  ty-two  of  this  chapter;  any  violation  of subdivision one or two of
    47  section six hundred of this chapter; or has a prior  conviction  of  any
    48  felony  involving  the  use  of a [commercial] motor vehicle pursuant to
    49  paragraph (a) of subdivision one of section five hundred ten-a  of  this
    50  article,  then  such  commercial  driver's  license  revocation shall be
    51  permanent.
    52    (i) that during such ten year period such person has not been found to
    53  have refused a chemical test pursuant to section eleven hundred  ninety-
    54  four  of  this  chapter [while operating a commercial motor vehicle] and
    55  has not been convicted of any one of the following offenses [while oper-
    56  ating a commercial motor  vehicle]:  any  violation  of  section  eleven
        S. 994                             136                           A. 1924
 
     1  hundred  ninety-two of this chapter; any violation of subdivision one or
     2  two of section six hundred of this chapter; or has a prior conviction of
     3  any felony involving the use of a [commercial] motor vehicle pursuant to
     4  paragraph  (a)  of subdivision one of section five hundred ten-a of this
     5  article;
     6    § 13. Subdivisions 1 and 2 of section 510-a of the vehicle and traffic
     7  law, as added by chapter 173 of the laws of 1990, are amended to read as
     8  follows:
     9    1. Revocation. A commercial driver's license shall be revoked  by  the
    10  commissioner  whenever the holder is convicted within or outside of this
    11  state (a) of a felony involving the use of a [commercial] motor  vehicle
    12  [as  defined  in  section  five  hundred one-a of this chapter] except a
    13  felony as described in paragraph (b) of this subdivision; (b) of a felo-
    14  ny involving manufacturing, distributing or dispensing a drug as defined
    15  in section one hundred fourteen-a of this chapter or possession  of  any
    16  such  drug  with intent to manufacture, distribute or dispense such drug
    17  in which a [commercial] motor vehicle was used[.]; (c) of a violation of
    18  subdivision one or two of section six hundred of this  chapter;  (d)  of
    19  operating  a  commercial  motor  vehicle  when,  as  a  result  of prior
    20  violations committed while operating a  commercial  motor  vehicle,  the
    21  driver's commercial driver's license is revoked, suspended, or canceled,
    22  or the driver is disqualified from operating a commercial motor vehicle;
    23  (e)  or  has  been convicted of causing a fatality through the negligent
    24  operation of a commercial motor vehicle, including but  not  limited  to
    25  the  crimes of motor vehicle manslaughter, homicide by motor vehicle and
    26  negligent homicide.
    27    2. Duration of revocation. (a) Except as otherwise provided  in  para-
    28  graph (b) of this subdivision, where revocation of a commercial driver's
    29  license  is  mandatory  pursuant  to paragraph (a) of subdivision one of
    30  this section no new commercial driver's license shall be issued  for  at
    31  least  one  year  nor thereafter except in the discretion of the commis-
    32  sioner, except that if such person has previously  been  found  to  have
    33  refused  a  chemical test pursuant to section eleven hundred ninety-four
    34  of this chapter [while operating a commercial motor vehicle]  or  has  a
    35  prior  conviction  of  any  of the following offenses [while operating a
    36  commercial motor vehicle]: any violation of section eleven hundred nine-
    37  ty-two of this chapter, any violation  of  subdivision  one  or  two  of
    38  section  six hundred of this chapter, or any felony involving the use of
    39  a [commercial] motor vehicle pursuant to paragraph  (a)  of  subdivision
    40  one  of  this  section,  or has been convicted of operating a commercial
    41  motor vehicle when, as a result  of  prior  violations  committed  while
    42  operating  a  commercial motor vehicle, the driver's commercial driver's
    43  license is revoked, suspended, or canceled, or the driver  is  disquali-
    44  fied from operating a commercial motor vehicle, or has been convicted of
    45  causing a fatality through the negligent operation of a commercial motor
    46  vehicle,   including   but  not  limited  to  the  crimes  of  vehicular
    47  manslaughter or criminally  negligent  homicide,  then  such  commercial
    48  driver's license revocation shall be permanent.
    49    (b)  Where revocation is mandatory pursuant to paragraph (a) of subdi-
    50  vision one of this section and the commercial motor vehicle  was  trans-
    51  porting hazardous materials, no new commercial driver's license shall be
    52  issued  for at least three years nor thereafter except in the discretion
    53  of the commissioner, except that if  such  person  has  previously  been
    54  found to have refused a chemical test pursuant to section eleven hundred
    55  ninety-four of this chapter [while operating a commercial motor vehicle]
    56  or  has a prior conviction of any of the following offenses [while oper-
        S. 994                             137                           A. 1924
 
     1  ating a commercial motor  vehicle]:  any  violation  of  section  eleven
     2  hundred  ninety-two of this chapter, any violation of subdivision one or
     3  two of section six hundred of this chapter, or any felony involving  the
     4  use  of a [commercial] motor vehicle pursuant to paragraph (a) of subdi-
     5  vision one of this section, or been convicted of operating a  commercial
     6  motor  vehicle  when,  as  a  result of prior violations committed while
     7  operating a commercial motor vehicle the  driver's  commercial  driver's
     8  license  is  revoked, suspended, or canceled, or the driver is disquali-
     9  fied from operating a commercial motor vehicle, or has been convicted of
    10  causing a fatality through the negligent operation of a commercial motor
    11  vehicle,  including  but  not  limited  to  the  crimes   of   vehicular
    12  manslaughter  or  criminally  negligent  homicide,  then such commercial
    13  driver's license revocation shall be permanent.
    14    (c) The permanent commercial driver's license revocation  required  by
    15  paragraphs  (a) and (b) of this subdivision may be waived by the commis-
    16  sioner after a period of  ten  years  has  expired  from  such  sentence
    17  provided:
    18    (i) that during such ten year period such person has not been found to
    19  have  refused a chemical test pursuant to section eleven hundred ninety-
    20  four of this chapter [while operating a commercial  motor  vehicle]  and
    21  has not been convicted of any one of the following offenses [while oper-
    22  ating  a  commercial  motor  vehicle]:  any  violation of section eleven
    23  hundred ninety-two of this chapter, any violation of subdivision one  or
    24  two  of section six hundred of this chapter, or any felony involving the
    25  use of a [commercial] motor vehicle pursuant to paragraph (a) of  subdi-
    26  vision one of this section, or has been convicted of operating a commer-
    27  cial motor vehicle when, as a result of prior violations committed while
    28  operating  a  commercial motor vehicle, the driver's commercial driver's
    29  license is revoked, suspended, or canceled, or the driver  is  disquali-
    30  fied from operating a commercial motor vehicle; or has been convicted of
    31  causing a fatality through the negligent operation of a commercial motor
    32  vehicle,   including   but  not  limited  to  the  crimes  of  vehicular
    33  manslaughter or criminally negligent homicide;
    34    (ii) if any of the grounds upon which the permanent  commercial  driv-
    35  er's license revocation is based involved a finding of refusal to submit
    36  to  a  chemical  test  pursuant to section eleven hundred ninety-four of
    37  this chapter or a conviction  of  a  violation  of  any  subdivision  of
    38  section  eleven  hundred  ninety-two  of  this chapter, that such person
    39  provides acceptable documentation to the commissioner that  such  person
    40  has enrolled in and successfully completed an appropriate rehabilitation
    41  program; and
    42    (iii)  after  such  documentation, if required, is accepted, that such
    43  person is granted a certificate of relief from disabilities as  provided
    44  for  in  section seven hundred one of the correction law by the court in
    45  which such person was last penalized.
    46    (d) Upon a third finding of refusal and/or conviction of  any  of  the
    47  offenses  which  require a permanent commercial driver's license revoca-
    48  tion, such permanent revocation may not be waived  by  the  commissioner
    49  under any circumstances.
    50    (e)  Where revocation is mandatory pursuant to paragraph (b) of subdi-
    51  vision one of this section such revocation shall be  permanent  and  may
    52  not be waived by the commissioner under any circumstances.
    53    §  14.  Subdivision 4 of section 510-a of the vehicle and traffic law,
    54  as added by chapter 173 of the laws of 1990, is amended and a new subdi-
    55  vision 4-a is added to read as follows:
        S. 994                             138                           A. 1924
 
     1    4. Serious traffic violations. (a) A serious traffic  violation  shall
     2  mean  operating a commercial motor vehicle in violation of any provision
     3  of this chapter or the laws of any other state, the District of Columbia
     4  or any Canadian province which (i) limits the speed of  motor  vehicles,
     5  provided  the violation involved fifteen or more miles per hour over the
     6  established speed limit; (ii) is defined as reckless driving by state or
     7  local law or  regulation;  (iii)  prohibits  improper  or  erratic  lane
     8  change;  (iv) prohibits following too closely; [or] (v) relates to motor
     9  vehicle traffic (other than parking, standing  or  stopping)  and  which
    10  arises  in connection with a fatal accident; (vi) operating a commercial
    11  motor vehicle without first obtaining a commercial driver's  license  as
    12  required  by  section  five hundred one of this title; (vii) operating a
    13  commercial motor vehicle without a commercial driver's  license  in  the
    14  driver's  possession;  or  (viii)  operating  a commercial motor vehicle
    15  without the proper class of commercial driver's license and/or  endorse-
    16  ment  for  the  specific vehicle being operated or for the passengers or
    17  type of cargo being transported.
    18    (b) Whether any specific violation which occurs without this state  is
    19  a  serious  violation shall be dependent upon whether the state or prov-
    20  ince in which the  violation  occurs,  reports  such  violation  to  the
    21  commissioner  as,  or  deems it to be, a serious traffic violation under
    22  the provisions of the federal commercial motor  vehicle  safety  act  of
    23  nineteen  hundred  eighty-six, public law 99-570, title XII or the motor
    24  carrier safety improvement act of 1999, public  law  106-159  and  regu-
    25  lations promulgated thereunder.
    26    4-a.  Dismissal.  The  court  shall  dismiss any charge of operating a
    27  commercial motor vehicle without a commercial driver's  license  in  the
    28  driver's possession if, between the date the driver is charged with such
    29  violation  and  the  appearance  date  for  such  violation,  the driver
    30  supplies the court with proof that he or she  held  a  valid  commercial
    31  driver's  license  on  the date of such violation. Such driver must also
    32  supply such proof to the law enforcement authority that issued the cita-
    33  tion, prior to such driver's appearance in court.
    34    § 15. Subdivision 5 of section 530 of the vehicle and traffic law,  as
    35  amended  by  chapter  81  of  the  laws  of  1995, is amended to read as
    36  follows:
    37    (5) A restricted use license or privilege shall be valid for the oper-
    38  ation of any motor vehicle, except [a commercial  motor  vehicle  or]  a
    39  vehicle  for  hire as a taxicab, livery, coach, limousine, van or wheel-
    40  chair accessible van or tow truck as defined in this chapter subject  to
    41  the  conditions  set  forth  herein, which the holder would otherwise be
    42  entitled to operate had  his  drivers  license  or  privilege  not  been
    43  suspended  or  revoked.    Notwithstanding anything to the contrary in a
    44  certificate of relief from disabilities issued pursuant to article twen-
    45  ty-three of the correction law, a restricted use license  shall  not  be
    46  valid  for the operation of a commercial motor vehicle. A restricted use
    47  license shall not be valid for the operation of a vehicle for hire as  a
    48  taxicab,  livery,  coach, limousine, van or wheelchair accessible van or
    49  tow truck where the holder  thereof  had  his  or  her  drivers  license
    50  suspended  or revoked and (i) such suspension or revocation is mandatory
    51  pursuant to the provisions of subdivision two or two-a of  section  five
    52  hundred  ten  of  this  [chapter]  title; or (ii) any such suspension is
    53  permissive for habitual or persistent violations of this chapter or  any
    54  local law relating to traffic as set forth in paragraph [(d)] d or [(i)]
    55  i  of  subdivision  three  of section five hundred ten of this [chapter]
    56  title; or (iii) any such suspension is permissive and has  been  imposed
        S. 994                             139                           A. 1924
 
     1  by  a  magistrate,  justice  or  judge of any city, town or village, any
     2  supreme court justice, any county judge, or judge of a  district  court.
     3  [The]  Except  for  a commercial motor vehicle as defined in subdivision
     4  four  of  section  five hundred one-a of this title, the restrictions on
     5  types of vehicles which  may  be  operated  with  a  restricted  license
     6  contained  in  this  subdivision shall not be applicable to a restricted
     7  license issued to a person whose license has been suspended pursuant  to
     8  paragraph  three  of  subdivision  four-e of section five hundred ten of
     9  this chapter.
    10    § 16. Subparagraph 5 of paragraph (b) of subdivision 2 of section 1193
    11  of the vehicle and traffic law, as amended by chapter 173 of the laws of
    12  1990, is amended to read as follows:
    13    (5) [Commercial  motor  vehicles]  Holder  of  a  commercial  driver's
    14  license. (i) Except as otherwise provided in this subparagraph, one year
    15  where  the  holder  is  convicted  of  a violation of any subdivision of
    16  section eleven hundred ninety-two of this article[, such  violation  was
    17  committed while the holder was operating a commercial motor vehicle] and
    18  the holder is sentenced pursuant to subparagraph two of paragraph (d) of
    19  subdivision one of this section.
    20    (ii)  Three years, where the holder is convicted of a violation of any
    21  subdivision of section eleven hundred ninety-two of this  article,  such
    22  violation  was  committed  while  the  holder was operating a commercial
    23  motor  vehicle  transporting  hazardous  materials  and  the  holder  is
    24  sentenced  pursuant  to subparagraph two of paragraph (d) of subdivision
    25  one of this section.
    26    § 17. Clause b of subparagraph 3 of paragraph (e) of subdivision 2  of
    27  section  1193  of the vehicle and traffic law, as amended by chapter 173
    28  of the laws of 1990, is amended to read as follows:
    29    b. Any person who holds a commercial driver's license and is convicted
    30  of a violation of any subdivision of section eleven  hundred  ninety-two
    31  of this article [while operating a commercial motor vehicle] who has had
    32  a  prior  finding  of  refusal  to submit to a chemical test pursuant to
    33  section eleven hundred ninety-four of this article  [while  operating  a
    34  commercial  motor  vehicle]  or has had a prior conviction of any of the
    35  following offenses [while operating a  commercial  motor  vehicle]:  any
    36  violation  of  section  eleven  hundred  ninety-two of this article; any
    37  violation of subdivision one or two of section six hundred of this chap-
    38  ter; or has a prior conviction of any felony  involving  the  use  of  a
    39  [commercial]  motor vehicle pursuant to paragraph (a) of subdivision one
    40  of section five hundred ten-a of  this  chapter,  shall  be  permanently
    41  disqualified from operating a commercial motor vehicle. The commissioner
    42  may  waive  such  disqualification and prohibition hereinbefore provided
    43  after a period of ten years has expired from such sentence provided:
    44    (i) that during such ten year period such person has not been found to
    45  have refused a chemical test pursuant to section eleven hundred  ninety-
    46  four  of  this  article while operating a [commercial] motor vehicle and
    47  has not been convicted of any one of the following offenses while  oper-
    48  ating  a  [commercial]  motor  vehicle:  any violation of section eleven
    49  hundred ninety-two of this article; any violation of subdivision one  or
    50  two of section six hundred of this chapter; or has a prior conviction of
    51  any felony involving the use of a [commercial] motor vehicle pursuant to
    52  paragraph  (a)  of subdivision one of section five hundred ten-a of this
    53  chapter;
    54    (ii) that such person provides acceptable documentation to the commis-
    55  sioner that such person is not in need of alcohol or drug  treatment  or
    56  has satisfactorily completed a prescribed course of such treatment; and
        S. 994                             140                           A. 1924
 
     1    (iii) after such documentation is accepted, that such person is grant-
     2  ed  a certificate of relief from disabilities as provided for in section
     3  seven hundred one of the correction law  by  the  court  in  which  such
     4  person  was  last penalized pursuant to paragraph (d) of subdivision one
     5  of this section.
     6    §  18. Clause c of subparagraph 1 of paragraph (d) of subdivision 2 of
     7  section 1194 of the vehicle and traffic law, as added by chapter 173  of
     8  the laws of 1990, is amended to read as follows:
     9    c.  Any commercial driver's license which has been revoked pursuant to
    10  paragraph (c) of this subdivision based upon a  finding  of  refusal  to
    11  submit  to  a chemical test [while operating a commercial motor vehicle]
    12  shall not be restored for at least one year after such  revocation,  nor
    13  thereafter,  except in the discretion of the commissioner, but shall not
    14  be restored for at least three years after such revocation,  nor  there-
    15  after,  except  in the discretion of the commissioner, [when the] if the
    16  holder of such license was operating a commercial  motor  vehicle  [was]
    17  transporting  hazardous  materials at the time of such refusal. However,
    18  such person shall be permanently disqualified from operating  a  commer-
    19  cial  motor  vehicle in any case where the holder has a prior finding of
    20  refusal to submit to a chemical test pursuant  to  this  section  [while
    21  operating  a  commercial motor vehicle] or has a prior conviction of any
    22  of the following offenses [while operating a commercial motor  vehicle]:
    23  any  violation of section eleven hundred ninety-two of this article; any
    24  violation of subdivision one or two of section six hundred of this chap-
    25  ter; or has a prior conviction of any felony  involving  the  use  of  a
    26  [commercial]  motor vehicle pursuant to paragraph (a) of subdivision one
    27  of section five hundred ten-a of this chapter. Provided that the commis-
    28  sioner may waive such permanent revocation after a period of  ten  years
    29  has expired from such revocation provided:
    30    (i) that during such ten year period such person has not been found to
    31  have refused a chemical test pursuant to this section [while operating a
    32  commercial  motor  vehicle] and has not been convicted of any one of the
    33  following offenses [while operating a  commercial  motor  vehicle]:  any
    34  violation  of section eleven hundred ninety-two of this article; refusal
    35  to submit to a chemical test pursuant to this section; any violation  of
    36  subdivision  one or two of section six hundred of this chapter; or has a
    37  prior conviction of any felony involving the use of a [commercial] motor
    38  vehicle pursuant to paragraph (a) of subdivision  one  of  section  five
    39  hundred ten-a of this chapter;
    40    (ii) that such person provides acceptable documentation to the commis-
    41  sioner  that  such person is not in need of alcohol or drug treatment or
    42  has satisfactorily completed a prescribed course of such treatment; and
    43    (iii) after such documentation is accepted, that such person is grant-
    44  ed a certificate of relief from disabilities as provided for in  section
    45  seven  hundred  one  of  the  correction  law by the court in which such
    46  person was last penalized.
    47    § 19. Paragraph (g) of subdivision 7 of section 1196  of  the  vehicle
    48  and  traffic  law,  as  amended  by  chapter 571 of the laws of 1993, is
    49  amended to read as follows:
    50    (g) [Any] Notwithstanding anything to  the  contrary  contained  in  a
    51  certificate of relief from disabilities issued pursuant to article twen-
    52  ty-three  of  the  correction  law, any conditional license or privilege
    53  issued to a person convicted  of  a  violation  of  any  subdivision  of
    54  section eleven hundred ninety-two of this article shall not be valid for
    55  the operation of any commercial motor vehicle [or]. In addition, no such
        S. 994                             141                           A. 1924
 
     1  conditional  license  or privilege shall be valid for the operation of a
     2  taxicab as defined in this chapter.
     3    § 20. Subdivision 19 of section 246 of chapter 81 of the laws of 1995,
     4  amending  the  vehicle  and  traffic  law and other laws relating to the
     5  enforcement of support through the suspension of driving privileges,  as
     6  amended  by  chapter  87  of  the  laws  of  2003, is amended to read as
     7  follows:
     8    19. Sections two hundred one, two hundred eight, two  hundred  eleven,
     9  two  hundred  thirteen,  two  hundred fifteen and two hundred sixteen of
    10  this act shall expire and be deemed repealed on June 30, [2005] 2007.
    11    § 21. This act shall take effect immediately; provided, however,  that
    12  section  twenty  of  this act shall be deemed to have been in full force
    13  and effect on and after April 1, 2005; provided  further  that  sections
    14  two,  five, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seven-
    15  teen, eighteen and nineteen of this act shall take effect September  30,
    16  2005;  and  provided  further  that  the  amendments to subdivision 5 of
    17  section 530 of the vehicle and traffic law made by  section  fifteen  of
    18  this  act  shall not affect the expiration of such subdivision and shall
    19  be deemed to expire therewith.
 
    20                                   PART G
 
    21    Section 1. Subdivision 4 of  section  81  of  the  alcoholic  beverage
    22  control  law, as added by chapter 320 of the laws of 2004, is amended to
    23  read as follows:
    24    4. A restaurant licensed to sell wine under this section may permit  a
    25  patron  to  remove one unsealed bottle of wine for off-premises consump-
    26  tion provided that the patron has  purchased  a  full  course  meal  and
    27  consumed  a  portion of the bottle of wine with such meal on the restau-
    28  rant premises. For the purposes  of  this  subdivision  the  term  "full
    29  course  meal"  shall mean a diversified selection of food which is ordi-
    30  narily consumed with the use of tableware  and  cannot  conveniently  be
    31  consumed  while standing or walking. A partially consumed bottle of wine
    32  that is to be removed from the premises  pursuant  to  this  subdivision
    33  shall  be  securely  sealed  by the licensee or an agent of the licensee
    34  prior to removal from the premises, in a bag such  that  it  is  visibly
    35  apparent  that  such resealed bottle of wine has not been tampered with.
    36  Such licensee or agent of the licensee shall provide a dated receipt for
    37  the bottle of wine to the patron. [Wine which is resealed in  accordance
    38  with  the  provisions  of  this  subdivision shall not be deemed an open
    39  container for purposes of section twelve  hundred  twenty-seven  of  the
    40  vehicle and traffic law.]
    41    §  2.  Subdivision 3 of section 1227 of the vehicle and traffic law is
    42  REPEALED.
    43    § 3. Subdivision 1 of section 1227 of the vehicle and traffic law,  as
    44  amended  by  chapter  140  of  the  laws  of 2000, is amended to read as
    45  follows:
    46    1. The drinking of alcoholic beverages, or the possession of  an  open
    47  container  containing  an alcoholic beverage, in a motor vehicle located
    48  upon the public highways or right-of-way public highway  is  prohibited.
    49  Any  operator  or  passenger violating this section shall be guilty of a
    50  traffic infraction.
    51    The provisions of this section shall not be  deemed  to  prohibit  the
    52  drinking  of  alcoholic beverages or the possession of an open container
    53  containing an alcoholic beverage by  passengers  in  passenger  vehicles
    54  operated pursuant to a certificate or permit issued by the department of
        S. 994                             142                           A. 1924
 
     1  transportation  or  the  United  States  department  of  transportation.
     2  Furthermore, the provisions of this  section  shall  not  be  deemed  to
     3  prohibit  the  possession  of  wine which is: (a) resealed in accordance
     4  with  the  provisions  of  subdivision four of section eighty-one of the
     5  alcoholic beverage control law; and (b) is transported in the  vehicle's
     6  trunk  or  is transported behind the last upright seat or in an area not
     7  normally occupied by the driver or passenger in a motor vehicle that  is
     8  not equipped with a trunk.
     9    § 4. This act shall take effect immediately.
 
    10                                   PART H
 
    11    Section  1.    Paragraph  (b)  of  subdivision 1 of section 385 of the
    12  public authorities law, as amended by section 1 of part K of chapter  61
    13  of the laws of 2000, is amended to read as follows:
    14    (b)  The  authority  is  hereby  authorized,  as  additional corporate
    15  purposes thereof solely upon the request of the director of the  budget:
    16  (i)  to  issue special emergency highway and bridge trust fund bonds and
    17  notes for a term not to exceed thirty years  and  to  incur  obligations
    18  secured by the moneys appropriated from the dedicated highway and bridge
    19  trust  fund  established  in  section eighty-nine-b of the state finance
    20  law; (ii) to make available the proceeds in accordance with instructions
    21  provided by the director of the budget from the  sale  of  such  special
    22  emergency  highway  and  bridge  trust  fund bonds, notes or other obli-
    23  gations, net of all costs to the authority in connection therewith,  for
    24  the  purposes  of  financing all or a portion of the costs of activities
    25  for which moneys in the dedicated highway and bridge trust  fund  estab-
    26  lished  in section eighty-nine-b of the state finance law are authorized
    27  to be utilized or for the financing of disbursements made by  the  state
    28  for  the  activities authorized pursuant to section eighty-nine-b of the
    29  state finance law; and (iii) to enter into agreements with  the  commis-
    30  sioner  of  transportation  pursuant to section ten-e of the highway law
    31  with respect to financing for  any  activities  authorized  pursuant  to
    32  section  eighty-nine-b  of the state finance law, or agreements with the
    33  commissioner of transportation pursuant to sections ten-f and  ten-g  of
    34  the highway law in connection with activities on state highways pursuant
    35  to  these sections, and (iv) to enter into service contracts, contracts,
    36  agreements, deeds and leases with the director  of  the  budget  or  the
    37  commissioner  of  transportation  and  project  sponsors  and  others to
    38  provide for the financing by  the  authority  of  activities  authorized
    39  pursuant  to section eighty-nine-b of the state finance law, and each of
    40  the director of the budget and the commissioner  of  transportation  are
    41  hereby  authorized  to  enter  into service contracts, contracts, agree-
    42  ments, deeds and leases with the authority, project sponsors  or  others
    43  to  provide  for such financing. The authority shall not issue any bonds
    44  or notes in an amount in excess of [$10.25] $16 billion, plus a  princi-
    45  pal  amount of bonds or notes: (A) to fund capital reserve funds; (B) to
    46  provide capitalized interest; and, (C) to fund other costs of  issuance.
    47  In  computing for the purposes of this subdivision, the aggregate amount
    48  of indebtedness evidenced by bonds and notes  of  the  authority  issued
    49  pursuant  to  this section, as amended by a chapter of the laws of nine-
    50  teen hundred ninety-six, there shall be excluded the amount of bonds  or
    51  notes  issued  that  would  constitute  interest under the United States
    52  Internal Revenue Code of 1986, as amended, and  the  amount  of  indebt-
    53  edness issued to refund or otherwise repay bonds or notes.
        S. 994                             143                           A. 1924
 
     1    §  2.  This  act  shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2005.
 
     3                                   PART I
 
     4    Section  1.  Section  1  of part I of chapter 413 of the laws of 1999,
     5  relating to providing for mass transportation payments,  is  amended  to
     6  read as follows:
     7    [§]  Section  1.  Notwithstanding any other law, rule or regulation to
     8  the contrary, payment of mass transportation operating assistance pursu-
     9  ant to section 18-b of the transportation law shall be  subject  to  the
    10  provisions  contained  herein and the amounts made available therefor by
    11  appropriation.
    12    In establishing service and usage formulas for  distribution  of  mass
    13  transportation  operating assistance, the commissioner of transportation
    14  may combine and/or  take  into  consideration  those  formulas  used  to
    15  distribute  mass transportation operating assistance payments authorized
    16  by separate appropriations in order to facilitate program administration
    17  and to ensure an orderly distribution of such funds.
    18    To improve the predictability  in  the  level  of  funding  for  those
    19  systems  receiving operating assistance payments under service and usage
    20  formulas, the commissioner of  transportation  is  authorized  with  the
    21  approval  of  the  director  of  the budget, to provide service payments
    22  based on service and usage statistics of the preceding year.
    23    In the case of a service payment made, pursuant to section 18-b of the
    24  transportation law, to a regional transportation authority on account of
    25  mass transportation services provided to more than one county (consider-
    26  ing the city of New York to be one county), the respective shares of the
    27  matching payments required to be made by a county to any such  authority
    28  shall be as follows:
    29    Percentage of matching payment required to be provided:
 
    30                                    Percentage
    31                                   of Matching
    32  Local Jurisdiction                 Payment
    33  --------------------------------------------
    34  In  the  Metropolitan Commuter
    35    Transportation District:
    36  New York City ................          6.40
    37  Dutchess .....................          1.30
    38  Nassau .......................         39.60
    39  Orange .......................          0.50
    40  Putnam .......................          1.30
    41  Rockland .....................          0.10
    42  Suffolk ......................         25.70
    43  Westchester ..................         25.10
    44  In the Capital District Trans-
    45    portation District:
    46  Albany .......................         56.10
    47  Rensselaer ...................         23.30
    48  Saratoga .....................          4.10
    49  Schenectady ..................         16.50
    50  In  the  Central  New York Re-
    51    gional  Transportation  Dis-
    52    trict:
    53  Cayuga .......................          6.10
        S. 994                             144                           A. 1924
 
     1  Onondaga .....................         90.50
     2  Oswego .......................          3.40
     3  In  the  Rochester-Genesee Re-
     4    gional  Transportation  Dis-
     5    trict:
     6  Genesee ......................         [1.45]  1.43
     7  Livingston ...................         [0.95]  0.94
     8  Monroe .......................        [96.00] 94.58
     9  Wayne ........................         [1.05]  1.03
    10  Wyoming ......................         [0.55]  0.54
    11  Seneca .......................          0.67
    12  Orleans ......................          0.81
    13    In the Niagara Frontier Trans-
    14    portation  District:   Erie .........................            89.20
    15  Niagara ......................         10.80
 
    16    Notwithstanding any other inconsistent provisions of section  18-b  of
    17  the transportation law or any other law, any moneys provided to a public
    18  benefit  corporation constituting a transportation authority or to other
    19  public transportation systems in payment of state  operating  assistance
    20  or  such  lesser amount as the authority or public transportation system
    21  shall make application for, shall be paid by the commissioner of  trans-
    22  portation to such authority or public transportation system in lieu, and
    23  in full satisfaction, of any amounts which the authority would otherwise
    24  be entitled to receive under section 18-b of the transportation law.
    25    Notwithstanding  the  reporting  date provision of section 17-a of the
    26  transportation law, the reports of each regional transportation authori-
    27  ty and other major public transportation systems receiving  mass  trans-
    28  portation  operating  assistance shall be submitted on or before July 15
    29  of each year in the format prescribed by the commissioner of transporta-
    30  tion. Copies of such reports shall also be filed with  the  chairpersons
    31  of  the senate finance committee and the assembly ways and means commit-
    32  tee and the director of the budget. The commissioner  of  transportation
    33  may withhold future state operating assistance payments to public trans-
    34  portation systems or private operators that do not provide such reports.
    35    Payments may be made in quarterly installments as provided in subdivi-
    36  sion 2 of section 18-b of the transportation law or in such other manner
    37  and  at such other times as the commissioner of transportation, with the
    38  approval of the director of the budget, may provide; and  where  payment
    39  is  not  made in the manner provided by such subdivision 2, the matching
    40  payments required of any city, county, Indian  tribe  or  intercity  bus
    41  company  shall  be made within 30 days of the payment of state operating
    42  assistance pursuant to this section or on such other  basis  as  may  be
    43  agreed  upon  by the commissioner of transportation, the director of the
    44  budget, and the chief executive officer of  such  city,  county,  Indian
    45  tribe or intercity bus company.
    46    The commissioner of transportation shall be required to annually eval-
    47  uate the operating and financial performance of each major public trans-
    48  portation  system. Where the commissioner's evaluation process has iden-
    49  tified a problem related to system  performance,  the  commissioner  may
    50  request the system to develop plans to address the performance deficien-
    51  cies. The commissioner of transportation may withhold future state oper-
    52  ating  assistance  payments  to public transportation systems or private
    53  operators that do not provide such operating, financial, or other infor-
    54  mation as may be required by the commissioner to conduct the  evaluation
    55  process.
        S. 994                             145                           A. 1924
 
     1    Payments  shall  be  made  contingent upon compliance with regulations
     2  deemed necessary and appropriate, as prescribed by the  commissioner  of
     3  transportation  and  approved by the director of the budget, which shall
     4  promote the economy, efficiency, utility, effectiveness, and coordinated
     5  service  delivery  of public transportation systems. The chief executive
     6  officer of each public transportation system receiving a  payment  shall
     7  certify  to  the commissioner of transportation, in addition to informa-
     8  tion required by section 18-b of  the  transportation  law,  such  other
     9  information  as  the  commissioner  of transportation shall determine is
    10  necessary to determine compliance and carry out the purposes herein.
    11    Counties, municipalities or Indian tribes  that  propose  to  allocate
    12  service payments to operators on a basis other than the amount earned by
    13  the  service  payment formula shall be required to describe the proposed
    14  method of distributing governmental operating  aid  and  submit  it  one
    15  month  prior  to  the start of the operator's fiscal year to the commis-
    16  sioner of transportation in writing for review and approval prior to the
    17  distribution of state aid. The commissioner of transportation shall only
    18  approve alternate distribution methods which  are  consistent  with  the
    19  transportation  needs  of  the  people  to be served and ensure that the
    20  system of private operators does not exceed established maximum  service
    21  payment  limits.  Copies  of  such  approvals  shall be submitted to the
    22  chairpersons of the senate finance and assembly ways and  means  commit-
    23  tees.
    24    Notwithstanding the provisions of subdivision 4 of section 18-b of the
    25  transportation  law, the commissioner of transportation is authorized to
    26  continue to use prior quarter statistics to  determine  current  quarter
    27  payment  amounts,  as initiated in the April to June quarter of 1981. In
    28  the event that actual revenue passengers  and  actual  total  number  of
    29  vehicle, nautical or car miles are not available for the preceding quar-
    30  ter,  estimated  statistics  may  be  used  as the basis of payment upon
    31  approval by the commissioner  of  transportation.  In  such  event,  the
    32  succeeding  payment  shall be adjusted to reflect the difference between
    33  the actual and estimated total number of revenue passengers and vehicle,
    34  nautical or car miles used as the basis of the  estimated  payment.  The
    35  chief executive officer may apply for less aid than the system is eligi-
    36  ble  to receive. Each quarterly payment shall be attributable to operat-
    37  ing expenses incurred during the quarter in which it is received, unless
    38  otherwise specified by such commissioner.  In the event  that  a  public
    39  transportation  system  ceases  to participate in the program, operating
    40  assistance due for the final quarter that service is provided  shall  be
    41  based  upon the actual total number of revenue passengers and the actual
    42  total number of vehicle, nautical or car miles carried during that quar-
    43  ter.
    44    Payments shall be contingent on  compliance  with  audit  requirements
    45  determined by the commissioner of transportation.
    46    In  the  event  that  an  audit  of  a public transportation system or
    47  private operator receiving funds discloses the existence of an  overpay-
    48  ment  of state operating assistance, regardless of whether such an over-
    49  payment results from an audit  of  revenue  passengers  and  the  actual
    50  number of revenue vehicle miles statistics, or an audit of private oper-
    51  ators  in  cases  where more than a reasonable return based on equity or
    52  operating revenues and expenses has resulted, the commissioner of trans-
    53  portation, in addition to  recovering  the  amount  of  state  operating
    54  assistance  overpaid,  shall  also  recover  interest, as defined by the
    55  department of taxation and finance, on the amount of the overpayment.
        S. 994                             146                           A. 1924
 
     1    Notwithstanding any other law, rule or  regulation  to  the  contrary,
     2  whenever  the  commissioner  of  transportation is notified by the comp-
     3  troller that the amount  of  revenues  available  for  payment  from  an
     4  account is less than the total amount of money for which the public mass
     5  transportation  systems  are  eligible  pursuant  to  the  provisions of
     6  section 88-a of the state finance law and any appropriations enacted for
     7  these purposes, the commissioner of  transportation  shall  establish  a
     8  maximum payment limit which is proportionally lower than the amounts set
     9  forth in appropriations.
    10    Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
    11  of  the state finance law and any other general or special law, payments
    12  may be made in quarterly installments or in such  other  manner  and  at
    13  such  other  times  as  the  commissioner  of  transportation,  with the
    14  approval of the director of the budget may prescribe.
    15    § 2. This act shall take effect immediately and  shall  be  deemed  to
    16  have been in full force and effect on and after April 1, 2005.
 
    17                                   PART J
 
    18    Section  1. The penal law is amended by adding a new section 240.38 to
    19  read as follows:
    20  § 240.38 Aggravated loitering in a transportation facility.
    21    A person is guilty of aggravated loitering in a transportation facili-
    22  ty when he or she loiters or remains in any transportation facility, for
    23  the purpose of soliciting or engaging in commercial transactions involv-
    24  ing the unauthorized sale of fare media or other access to or use of the
    25  facilities, conveyances or services within the transportation  facility.
    26  For  the purposes of this section, "unauthorized sale" means any sale of
    27  fare media not specifically authorized by the originating transportation
    28  entity; "fare media" means the various instruments issued in  connection
    29  with  public  passenger  transportation  to use for the payment of fare,
    30  including, but not limited to,  tokens,  passes,  farecards,  transfers,
    31  tickets, and vouchers.
    32    Aggravated  loitering in a transportation facility is a class A misde-
    33  meanor.
    34    § 2. This act shall take effect on the ninetieth day  after  it  shall
    35  have become a law.
 
    36                                   PART K
 
    37    Section 1. Paragraphs (a), (b) and (c) of subdivision 2 of section 202
    38  of  the  vehicle  and traffic law, as amended by section 1 of part U1 of
    39  chapter 62 of the laws of 2003, are amended to read as follows:
    40    (a) The fee for a search which is  made  manually  by  the  department
    41  shall be [six] ten dollars.
    42    (b)  The fee for a search which is made by direct entry by a requester
    43  who has been approved for such entry by the commissioner shall be [five]
    44  seven dollars.
    45    (c) The fee for a search which is made by means of an electronic medi-
    46  um which has been prepared by a requester who has been approved for such
    47  service by the commissioner and which is  processed  by  the  department
    48  shall be [five] seven dollars.
    49    §  2. Section 2 of part U1 of chapter 62 of the laws of 2003, amending
    50  the general business law and other laws  relating  to  implementing  the
    51  state  fiscal  plan  for  the 2003-2004 state fiscal year, is amended to
    52  read as follows:
        S. 994                             147                           A. 1924
 
     1    § 2. Notwithstanding any other law, rule or regulation to the  contra-
     2  ry,  all  receipts collected by the commissioner of motor vehicles after
     3  March 31, [2003] 2004 pursuant to section 202 of the vehicle and traffic
     4  law are to be deposited to the  credit  of  the  dedicated  highway  and
     5  bridge  trust  fund,  with  the  exception of the [one dollar per search
     6  increase collected pursuant to section one of this act, which are to  be
     7  deposited  to the credit of the general fund from April 1, 2003 to March
     8  31, 2004 and to the credit of the dedicated  highway  and  bridge  trust
     9  fund  from April 1, 2004 and thereafter] four dollar increase in the fee
    10  collected for a search made manually pursuant to paragraph (a) of subdi-
    11  vision 2 of section 202 of the vehicle and traffic law, the  two  dollar
    12  increase in the fee for a search made by direct entry collected pursuant
    13  to  paragraph  (b)  of  subdivision  2 of section 202 of the vehicle and
    14  traffic law and the two dollar increase in the fee for a search made  by
    15  means  of  an  electronic  medium collected pursuant to paragraph (c) of
    16  subdivision 2 of section 202 of the vehicle and traffic law which  shall
    17  be  deposited in the dedicated highway and bridge trust fund established
    18  pursuant to section 89-b of the state finance law and the dedicated mass
    19  transportation fund established pursuant to section 89-c  of  the  state
    20  finance  law  and distributed according to the provisions of subdivision
    21  (d) of section 301-j of the tax law.
    22    § 3. Paragraph (e) of subdivision 1 of section 318 of the vehicle  and
    23  traffic  law, as added by chapter 781 of the laws of 1983, is amended to
    24  read as follows:
    25    (e) Suspension need not be made under this subdivision upon the  basis
    26  of  a  lapse  or  termination  of insurance if the period of time during
    27  which the motor vehicle remained both registered and uninsured  was  not
    28  more  than [fifteen] five days.  The commissioner shall promulgate regu-
    29  lations governing the conditions under which suspension  action  may  be
    30  withheld pursuant to this paragraph.
    31    §  4.  Paragraph  (b) of subdivision 1-a of section 318 of the vehicle
    32  and traffic law, as amended by chapter  13  of  the  laws  of  1998,  is
    33  amended to read as follows:
    34    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    35  sion, an order of suspension issued pursuant to paragraph (a) or (e)  of
    36  this subdivision may be terminated if the registrant pays to the commis-
    37  sioner a civil penalty in the amount of eight dollars for each day up to
    38  ninety  days  for  which financial security was not in effect; provided,
    39  however, if financial security was not in effect for  more  than  ninety
    40  days  up  to  one  hundred  eighty days, the registrant shall pay to the
    41  commissioner a civil penalty in the amount of twelve  dollars  for  each
    42  day  for  which  financial  security  was not in effect.   Of each eight
    43  dollar penalty, six dollars will be deposited in the  general  fund  and
    44  two  dollars  in  the  miscellaneous  special  revenue fund - compulsory
    45  insurance account.  Of each twelve dollar penalty  collected,  the  full
    46  amount shall be deposited in the dedicated highway and bridge trust fund
    47  established  pursuant  to section eighty-nine-b of the state finance law
    48  and the dedicated  mass  transportation  fund  established  pursuant  to
    49  section eighty-nine-c of the state finance law and distributed according
    50  to  the  provisions of subdivision (d) of section three hundred one-j of
    51  the tax law. The foregoing provision shall apply only  once  during  any
    52  thirty-six  month  period  and  only  if  the registrant surrendered the
    53  certificate of registration and number plates to  the  commissioner  not
    54  more  than [ninety] one hundred eighty days from the date of termination
    55  of financial security or submits to the commissioner new proof of finan-
        S. 994                             148                           A. 1924
 
     1  cial security which took effect  not  more  than  [ninety]  one  hundred
     2  eighty days from the termination of financial security.
     3    §  5.  Paragraph  a of subdivision 6 of section 401 of the vehicle and
     4  traffic law, as amended by section 74 of part A of  chapter  56  of  the
     5  laws of 1998, is amended to read as follows:
     6    a.  The  following  fees  shall be paid to the commissioner, or agent,
     7  upon the registration or reregistration of a motor vehicle, including  a
     8  suburban, and including a truck with a cargo bed and side walls commonly
     9  known  as a pick up truck, which is required to be registered under this
    10  subdivision in accordance with regulations promulgated  by  the  commis-
    11  sioner, in accordance with the provisions of this article:
    12    If  such  motor  vehicle,  fully  equipped, weighs thirty-five hundred
    13  pounds or less, [sixty-four and one-half] eighty-six cents for each  one
    14  hundred  pounds  or major fraction thereof; if such motor vehicle, fully
    15  equipped, weighs more than thirty-five hundred but not more than  forty-
    16  five hundred pounds, [sixty-four and one-half] one dollar and five cents
    17  for each one hundred pounds [up to thirty-five hundred pounds, and nine-
    18  ty-seven  cents for each hundred pounds], or major fraction thereof[, in
    19  excess of thirty-five hundred pounds];  if  such  motor  vehicle,  fully
    20  equipped  weighs  more  than  forty-five  hundred pounds, one dollar and
    21  thirty cents  for  each  hundred  pounds,  or  major  fraction  thereof;
    22  provided,  however,  that,  except  as  provided  in paragraph i of this
    23  subdivision, the total fees for the registration  or  reregistration  of
    24  any  passenger  motor vehicle propelled by electricity shall be [twelve]
    25  sixteen dollars and [ninety-four] eighteen cents, of a  six,  eight,  or
    26  twelve  cylinder  motor  vehicle shall be not less than [twelve] sixteen
    27  dollars and [ninety-four] eighteen cents, and of any other motor vehicle
    28  not less than [ten] twelve dollars and [thirty-five] ninety-four  cents;
    29  and  provided  further  that for motor vehicles described in subdivision
    30  seven of this section, the fee for such registration shall be as therein
    31  prescribed. Provided further, however, that the maximum registration fee
    32  under this paragraph shall not exceed [fifty-six]  one  hundred  dollars
    33  [and six cents] per registration year.  For the purposes of this section
    34  a "suburban" shall be a motor vehicle with a convertible or interchange-
    35  able  body or with removable seats, usable for both passenger and deliv-
    36  ery purposes, and including motor vehicles, commonly known as station or
    37  depot wagons. The manufacturer's weight of  a  motor  vehicle  shall  be
    38  accepted  as the weight for the purpose of registration under this para-
    39  graph.
    40    § 6. Subdivision 6 of section 401 of the vehicle and  traffic  law  is
    41  amended by adding two new paragraphs h and i to read as follows:
    42    h. In addition to the other fees provided for in this subdivision, the
    43  commissioner shall, upon the application for the registration of a motor
    44  vehicle  or  the  renewal  thereof,  require  the  payment  of an annual
    45  surcharge of one hundred dollars for each vehicle weighing more than six
    46  thousand fifty pounds.
    47    i. The provisions of this article  with  respect  to  the  payment  of
    48  registration  fees  shall not apply to a vehicle defined as an "electric
    49  vehicle" or as a "qualified hybrid  vehicle"  pursuant  to  section  one
    50  hundred eighty-seven-b of the tax law.
    51    §  7.  Subdivision 7 of section 401 of the vehicle and traffic law, as
    52  amended by chapter 55 of the laws of 1992, paragraph 2 of schedule E  as
    53  amended  by  chapter  642  of the laws of 1998, schedule G as amended by
    54  chapter 710 of the laws of 2004, schedule H as amended by chapter 552 of
    55  the laws of 1994 and schedules K and L as added by chapter  621  of  the
    56  laws of 1998, is amended to read as follows:
        S. 994                             149                           A. 1924
 
     1    7.  Registration  fees  for  auto  trucks,  tractors, buses, taxicabs,
     2  livery and certain other motor vehicles. The  registration  fees  to  be
     3  paid  upon  the  registration  or reregistration, in accordance with the
     4  provisions of this article, of buses, of motor vehicles  constructed  or
     5  specially  equipped  for the transportation of goods, wares and merchan-
     6  dise, commonly known as auto trucks or light delivery cars, but  exclud-
     7  ing  trucks  commonly  known as pick up trucks required to be registered
     8  pursuant to subdivision six of this section, of taxicabs, livery and  of
     9  certain  other motor vehicles specified herein are hereby established as
    10  follows:
    11    A. Schedule for buses.
    12    For each such vehicle having a seating capacity for passengers of five
    13  passengers or less, and meeting the requirements of subdivisions  twenty
    14  and  twenty-one,  notwithstanding the capacity limitation of subdivision
    15  twenty-one, of section three hundred seventy-five of this  chapter,  the
    16  annual fee of [seventeen] twenty-one dollars and [twenty-five] fifty-six
    17  cents.
    18    For  each such vehicle having a seating capacity for passengers of not
    19  less than six passengers, nor more than seven  passengers,  and  meeting
    20  the  requirements of subdivisions twenty and twenty-one, notwithstanding
    21  the capacity limitation of  subdivision  twenty-one,  of  section  three
    22  hundred  seventy-five  of this chapter, the annual fee of [twenty-eight]
    23  thirty-five dollars and [eighteen] twenty-three cents.
    24    For each such vehicle having a seating capacity for passengers of  not
    25  less  than  eight  passengers, nor more than ten passengers, and meeting
    26  the requirements of subdivisions twenty and twenty-one,  notwithstanding
    27  the  capacity  limitation  of  subdivision  twenty-one, of section three
    28  hundred seventy-five of this chapter, the annual  fee  of  [thirty-five]
    29  forty-three dollars and [eight] eighty-five cents.
    30    For  each such vehicle having a seating capacity for passengers of not
    31  less than eleven passengers, nor  more  than  fourteen  passengers,  and
    32  meeting the requirements of subdivisions twenty and twenty-one, notwith-
    33  standing  the  capacity limitation of subdivision twenty-one, of section
    34  three hundred seventy-five of this chapter, the annual  fee  of  [forty-
    35  nine] sixty-one dollars and [forty-five] eighty-one cents.
    36    For  each such vehicle having a seating capacity for passengers of not
    37  less than fifteen passengers, nor more than twenty passengers, the annu-
    38  al fee of [fifty-nine] seventy-four dollars  and  [eighty]  seventy-five
    39  cents.
    40    For  each such vehicle having a seating capacity for passengers of not
    41  less than twenty-one passengers, nor more  than  twenty-two  passengers,
    42  the  annual  fee of [sixty-three] seventy-nine dollars and [twenty-five]
    43  six cents.
    44    For each such vehicle having a seating capacity for passengers of  not
    45  less  than twenty-three passengers, nor more than twenty-six passengers,
    46  the annual fee of [seventy]  eighty-eight  dollars  and  [seventy-three]
    47  forty-one cents.
    48    For  each such vehicle having a seating capacity for passengers of not
    49  less than twenty-seven passengers, nor more than thirty passengers,  the
    50  annual  fee  of  [seventy-seven]  ninety-seven dollars and [sixty-three]
    51  four cents.
    52    For each such vehicle having a  seating  capacity  for  passengers  in
    53  excess  of  thirty  passengers,  the fee of [seventy-seven] ninety-seven
    54  dollars and [sixty-three] four cents, and  the  additional  fee  of  two
    55  dollars  and [thirty] eighty-eight cents for each passenger (measured by
    56  seating capacity) in excess of thirty passengers.
        S. 994                             150                           A. 1924
 
     1    For the purposes of this schedule,  the  term  "seating  capacity  for
     2  passengers" shall exclude the driver.
     3    The  words "seating capacity for passengers", as used in this section,
     4  shall mean seating capacity for  adults.  The  commissioner  shall  have
     5  authority to determine, for registration purposes, the manner of comput-
     6  ing the seating capacity of any vehicle.
     7    Provided,  however,  that  in  the  case of a bus operated entirely by
     8  electricity not generated by an engine contained therein the fees to  be
     9  paid  upon  registration  or  reregistration  thereof shall be fifty per
    10  centum in excess of the foregoing rates.
    11    The foregoing schedules shall not apply to omnibuses operated pursuant
    12  to a franchise or franchises over streets designated in  said  franchise
    13  or franchises wholly within a city or cities, provided the holder of the
    14  franchise  or  franchises  pays  for  the same a percentage of its gross
    15  earnings or gross receipts and for any such omnibus, without  regard  to
    16  the  seating  capacity; nor shall the foregoing schedules apply to omni-
    17  buses operated pursuant to  a  certificate  of  public  convenience  and
    18  necessity  granted  under  the  transportation  law  and  based upon the
    19  consent of the local authorities of any city,  town  or  village,  other
    20  than  in the counties of Nassau, Suffolk and Westchester, as required by
    21  the transportation corporations law or, in the county of  Nassau,  based
    22  upon  the  consent  of the board of supervisors of such county or of any
    23  city or village therein, or of both such county and any city or  village
    24  therein  or,  in the counties of Suffolk and Westchester, based upon the
    25  consent of the county board of legislators of such counties, as required
    26  by chapter eight hundred seventy-nine of the laws  of  nineteen  hundred
    27  thirty-six,  provided the holder of such local consent pays for the same
    28  an annual fee to any such county, city, town or  village,  and  for  any
    29  such  omnibus,  without  regard  to the seating capacity, the annual fee
    30  shall be ten dollars. The foregoing schedules shall not apply to  track-
    31  less trolleys, but if such omnibus shall not be operated in local trans-
    32  it service pursuant to a certificate of convenience and necessity issued
    33  by  the  commissioner  of  transportation the foregoing schedule of fees
    34  shall apply.
    35    B. Schedule for tractors, auto trucks and light delivery cars.
    36    1. For each auto truck or light delivery car, the annual fee of  [two]
    37  three  dollars  and  [eighty-eight]  sixty  cents  for each five hundred
    38  pounds maximum gross weight or fraction thereof, except that the  annual
    39  fee  for  such motor vehicle operated entirely by electricity not gener-
    40  ated by an engine contained therein shall, except as provided  in  para-
    41  graph (i) of subdivision six of this section, be [four] five dollars and
    42  [thirty-one]  thirty-nine  cents  for  each  five hundred pounds maximum
    43  gross weight or fraction thereof, but in computing the weight of such an
    44  electric vehicle the weight of electric batteries shall be excluded  and
    45  except  also  that  the  annual fee for each auto truck having a maximum
    46  gross weight in excess of eighteen thousand pounds used  exclusively  in
    47  the transportation of household goods (as defined by the commissioner of
    48  transportation of this state or the interstate commerce commission) by a
    49  carrier  under  authority  of the commissioner of transportation of this
    50  state or of the interstate commerce commission  shall  be  [seven]  nine
    51  dollars  and  [seventy-six]  seventy  cents for each five hundred pounds
    52  maximum gross weight or fraction thereof.   Provided  however,  that  no
    53  motor  vehicle  registered  pursuant  to this paragraph may be charged a
    54  registration fee in excess of that charged for a  motor  vehicle  regis-
    55  tered with a maximum gross weight of eighty thousand pounds.
        S. 994                             151                           A. 1924
 
     1    2.  For  each  tractor  of any weight the annual fee of one dollar and
     2  [twenty-one] fifty-one cents for each one hundred pounds, or major frac-
     3  tion thereof, of maximum gross weight, except that the  annual  fee  for
     4  each  tractor  of  any  weight used exclusively in the transportation of
     5  household  goods  (as  defined  by the commissioner of transportation of
     6  this state or the interstate commerce commission)  by  a  carrier  under
     7  authority  of the commissioner of transportation of this state or of the
     8  interstate commerce commission shall be [one  dollar]  two  dollars  and
     9  [seventy-three]  sixteen  cents  for  each  one hundred pounds, or major
    10  fraction thereof, of maximum gross weight.   Provided however,  that  no
    11  motor  vehicle  registered  pursuant  to this paragraph may be charged a
    12  registration fee in excess of that charged for a  motor  vehicle  regis-
    13  tered with a maximum gross weight of eighty thousand pounds.
    14    3.  For  the purpose of this schedule, maximum gross weight of an auto
    15  truck or light delivery car shall mean the weight of the  motor  vehicle
    16  plus  the weight of the maximum load to be carried by such motor vehicle
    17  during the registration period. For the purposes of this schedule, maxi-
    18  mum gross weight of a tractor shall be the weight of the  tractor,  plus
    19  the  unladen weight of any semitrailer drawn thereby, plus the weight of
    20  the maximum load to be carried on the tractor  and  on  any  semitrailer
    21  drawn  by  such  tractor  during  the registration period, but shall not
    22  include the weight or load of a semitrailer,  used  with  a  device  for
    23  converting  it  to  a trailer, when being drawn by a tractor semitrailer
    24  combination on the New York state thruway as part  of  a  double  tandem
    25  combination.  The  weight  of the motor vehicle and such maximum load as
    26  stated on the application for registration shall be subject to audit and
    27  approval by the commissioner of motor vehicles.
    28    C. Schedule for taxicabs and livery. For each taxicab or livery having
    29  a seating capacity for passengers, excluding the driver, of five persons
    30  or less, the annual fee of [twenty-five] thirty-one dollars and [thirty]
    31  sixty-three cents. For each such vehicle having a seating  capacity  for
    32  passengers, excluding the driver, of not less than six persons, nor more
    33  than  seven persons, the annual fee of [forty-one] fifty-one dollars and
    34  [forty] seventy-five cents. For  each  such  vehicle  having  a  seating
    35  capacity  for  passengers,  excluding  the  driver,  of  at  least eight
    36  persons, but not more than ten persons, the annual  fee  of  [fifty-one]
    37  sixty-four  dollars  and  [seventy-five] sixty-nine cents. For each such
    38  vehicle having a seating capacity for passengers, excluding the  driver,
    39  of  at  least  eleven  persons,  but not more than fourteen persons, the
    40  annual fee of [seventy-three] ninety-two dollars [and sixty cents].  Any
    41  registration  issued  pursuant  to  this  schedule shall be revoked upon
    42  receipt by the commissioner of a notice of revocation of any license  or
    43  permit  necessary  for  the issuance of such registration from the local
    44  authority which issued such  license  or  permit,  or  upon  receipt  of
    45  evidence by the commissioner that the registrant has been convicted of a
    46  violation of any local law requiring the issuance of a license or permit
    47  in  order  to engage in for-hire operation. Provided, however, that upon
    48  surrender to the commissioner  of  any  such  revoked  registration  and
    49  number  plates and upon payment of the proper registration fee, a regis-
    50  tration may be issued for the vehicle for which  such  registration  has
    51  been  revoked  pursuant  to  the  provisions  of subdivision six of this
    52  section.
    53    D. Schedule for hearses, and certain ambulances. 1. For  each  hearse,
    54  the annual fee of one dollar and [twenty-four] fifty-five cents for each
    55  one hundred pounds, or major fraction thereof, of unladen weight.
        S. 994                             152                           A. 1924
 
     1    2. For each ambulance used in the business of carrying or transporting
     2  sick or injured persons for hire or profit, the annual fee of one dollar
     3  and  [twenty-four] fifty-five cents for each one hundred pounds or major
     4  fraction thereof, of unladen weight.
     5    E.  Schedule  for agricultural trucks. 1. For each agricultural truck,
     6  the annual fee of two dollars and [one cent] fifty-one  cents  for  each
     7  five hundred pounds maximum gross weight, or fraction thereof.
     8    2.  For the purposes of this schedule an "agricultural truck" shall be
     9  a truck owned by a person engaged in production  by  means  of  (a)  the
    10  planting, cultivation and harvesting of agricultural, vegetable and food
    11  products  of the soil, including horticultural specialties such as nurs-
    12  ery stock, ornamental shrubs, ornamental  trees  and  flowers,  (b)  the
    13  raising,  feeding  and care of live stock, bees and poultry or (c) dairy
    14  farming. Such agricultural truck shall be used only for the  transporta-
    15  tion  of  his  own  agricultural or dairy commodities or supplies or for
    16  personal passenger use, or use in conjunction with lumbering  operations
    17  connected with but only incidental to the operation of a farm.
    18    3.  A  motor vehicle, registered as an "agricultural truck" under this
    19  schedule, shall be operated on the public highways only for the purposes
    20  set forth in paragraph two hereof.
    21    4. An agricultural truck may be registered or reregistered for periods
    22  of less than one calendar year upon application forms furnished  by  the
    23  commissioner  for  such purpose, and the annual fees as provided in this
    24  schedule shall be  reduced  proportionately  on  a  monthly  computation
    25  basis.
    26    F.  Schedule  for  certain  motor  vehicles. (a) For each road roller,
    27  tractor crane, truck crane, power shovel, road  building  machine,  snow
    28  plow,  road  sweeper,  sand  spreader, well driller, well servicing rig,
    29  feed processing machine, mobile car crusher (whether self-propelled or a
    30  combination used exclusively as one unit), earth mover, which shall mean
    31  a motor-driven vehicle in excess of eight feet in  width  equipped  with
    32  pneumatic  tires  designed  and  constructed  for moving or transporting
    33  earth and rock in connection with excavation and grading work, and truck
    34  with small wheels used in a factory, warehouse or railroad station,  for
    35  each spreader or sprayer (generally meaning an agricultural vehicle used
    36  to  spread  or  spray  agricultural  chemicals, agricultural lime and/or
    37  agricultural fertilizers) and fire vehicles, an annual fee  of  [eleven]
    38  fourteen dollars and [fifty] thirty-eight cents; provided, however, that
    39  the  provisions of paragraph b of subdivision six of this section relat-
    40  ing to the exemption of certain  motor  vehicles  from  the  payment  of
    41  registration fees thereon shall apply to the motor vehicles specified in
    42  this schedule. A tractor-trailer combination designed and used as a unit
    43  exclusively  for  the same purpose as a vehicle specifically included in
    44  this schedule shall be considered as a single vehicle and registered  as
    45  a motor vehicle under this schedule rather than as a tractor and trailer
    46  separately.
    47    (b)  As  used in this schedule, the term "snow plow" shall not include
    48  farm type tractors used exclusively for agricultural  purposes,  or  for
    49  snow  plowing  other  than  for  hire, as defined in section one hundred
    50  twenty-five of this chapter, when used for  plowing  or  removing  snow,
    51  provided such plowing or snow removal is not done for hire.
    52    No  person  shall  operate or move, or cause or knowingly permit to be
    53  operated or moved on any public highway in this state  any  auto  truck,
    54  agricultural  truck  or  light  delivery  car, registered in this state,
    55  having a combined weight of vehicle and load in excess  of  the  maximum
    56  gross weight for such vehicle as stated on the application for registra-
        S. 994                             153                           A. 1924
 
     1  tion. Such maximum gross weight cannot be more than the weight permitted
     2  under  section  three  hundred eighty-five of this chapter or the weight
     3  permitted by the rules or regulations of the department  of  transporta-
     4  tion  of any city not wholly included within one county or under permits
     5  that may be issued pursuant to such section, rules or regulations which-
     6  ever is the least restrictive.
     7    G. Schedule for historical motor  vehicles.  For  each  motor  vehicle
     8  which  is  owned and operated as an exhibition piece or collectors item,
     9  and is used  for  participation  in  club  activities,  exhibit,  tours,
    10  parades,  occasional  transportation  and similar uses, but not used for
    11  general daily transportation, an annual fee  of  [twenty-three]  twenty-
    12  eight dollars and seventy-five cents.  For purposes of this paragraph, a
    13  historical  motor  vehicle shall mean any vehicle manufactured more than
    14  twenty-five years prior to the current  calendar  year,  and  any  other
    15  model,  year and type vehicle which has unique characteristics and which
    16  is determined by the commissioner to be of historical, classic or  exhi-
    17  bition  value.  Registration plates for such vehicles shall be of a type
    18  and design approved by the commissioner, but shall be of  a  distinctive
    19  nature.  Except that, with the approval of the commissioner, an owner of
    20  any such vehicle may utilize registration  plates  issued  in  the  year
    21  corresponding  to  the model year date in which the vehicle was manufac-
    22  tured, if the registration plate is legible, durable,  and  serviceable,
    23  of  this  state, and accurate in color, as determined by the department.
    24  Nothing in this paragraph shall be construed  to  prohibit  the  use  of
    25  previously  issued  registration plates that have been restored, without
    26  deviation from their original alphanumeric or pictorial content, to such
    27  condition as  otherwise  satisfies  all  applicable  requirements.  Such
    28  plates  shall be used only for the operation of the motor vehicle listed
    29  on the registration application and on other motor vehicles which  would
    30  qualify for registration under this schedule owned by persons other than
    31  the  registrant for the purpose of test driving by the registrant or his
    32  or her agent in anticipation of possible purchase. No such  registration
    33  will  be  issued  unless  evidence  of  financial  security,  in  a form
    34  prescribed by the commissioner, is submitted which provides coverage for
    35  the motor vehicle listed on the registration application  and  for  non-
    36  owned motor vehicles being operated with such plates.
    37    H.  Schedule for tow trucks. For each tow truck registered pursuant to
    38  section four hundred one-b of this article,  the  annual  fee  of  [two]
    39  three  dollars  and  [eighty-eight]  sixty  cents  for each five hundred
    40  pounds maximum gross weight or fraction thereof.  For  the  purposes  of
    41  this schedule, the maximum gross weight of a tow truck shall include the
    42  weight  of  any vehicle transported wholly upon the tow truck, but shall
    43  not include the weight of any vehicle transported partly  upon  the  tow
    44  truck and partly on its own wheels or a dolly.
    45    I. Schedule for leased and rental vehicles. 1. The annual fee for each
    46  leased vehicle and for each rental vehicle, other than a motorcycle or a
    47  rental  vehicle  of the passenger vehicle or suburban type, shall be the
    48  annual fee which would be required to be paid for  such  vehicle  if  it
    49  were not a leased or rental vehicle.
    50    2.  For each rental vehicle of the passenger or suburban type having a
    51  seating capacity for passengers, including the driver, of  five  persons
    52  or  less,  the annual fee of [forty-two] fifty-three dollars and [fifty-
    53  five] nineteen cents. For each such vehicle having  a  seating  capacity
    54  for  passengers, including the driver, of not less than six persons, nor
    55  more than seven persons, the annual  fee  of  [fifty-nine]  seventy-four
    56  dollars  and [eighty] seventy-five cents. For each such vehicle having a
        S. 994                             154                           A. 1924
 
     1  seating capacity for passengers, including the driver, of at least eight
     2  persons, but not more than ten persons, the annual fee  of  [sixty-nine]
     3  eighty-six  dollars and twenty-five cents.  For each such vehicle having
     4  a  seating  capacity  for  passengers, including the driver, of at least
     5  eleven persons, but not more than fifteen persons,  the  annual  fee  of
     6  [ninety] one hundred thirteen dollars and [eighty-five] fifty-six cents.
     7    J.  Schedule  for  vanpool  vehicles.  The annual fee for each vanpool
     8  vehicle shall be the annual fee which would be required to be  paid  for
     9  such  vehicle if it were not used for the purpose of vanpooling.  Regis-
    10  tration plates for such vehicles shall be of a type and design  approved
    11  by  the  commissioner, and shall include the word VANPOOL on the face of
    12  the registration plate. Such plate shall be issued at the request of the
    13  registrant upon proof, satisfactory to the commissioner, that the  vehi-
    14  cle is to be used for the purpose of vanpooling.
    15    K.  Schedule for heavy duty vehicles: Notwithstanding any inconsistent
    16  provision  of  this  section,  the  registration  fee  for  any  vehicle
    17  described  in  this  paragraph  shall be increased by up to two and six-
    18  tenths percent of such registration fee in effect on June  first,  nine-
    19  teen  hundred ninety-eight, to fund the direct and indirect costs of the
    20  development and implementation of  a  heavy  duty  emissions  inspection
    21  program  pursuant  to  section 19-0320 of the environmental conservation
    22  law, including planning, development of regulations and guidance,  state
    23  implementation  plan  development,  personnel  costs attributable to the
    24  program, and enforcement costs. Such fee is authorized to be  collected,
    25  commencing  June  first,  nineteen  hundred  ninety-nine, at the time of
    26  registration of any vehicle required to be registered in New York having
    27  a gross vehicle weight of  greater  than  eight  thousand  five  hundred
    28  pounds  and powered by diesel fuels except for those vehicles defined in
    29  section one hundred one, subparagraph two of paragraph  E  and  subpara-
    30  graph  (a) of paragraph F of this subdivision, and vehicles specified in
    31  subdivision thirteen of this section, and farm  type  tractors  and  all
    32  terrain  type  vehicles  used  exclusively  for  agricultural  or mowing
    33  purposes, or for snow plowing, other  than  for  hire,  farm  equipment,
    34  including  self-propelled machines used exclusively in growing, harvest-
    35  ing or handling farm produce, and self-propelled caterpillar  or  crawl-
    36  er-type  equipment while being operated on the contract site, and timber
    37  harvesting equipment such as harvesters, wood chippers, forwarders,  log
    38  skidders,  and  other  processing equipment used exclusively off highway
    39  for  timber  harvesting  and  logging  purposes.    Notwithstanding  any
    40  provision  of  law to the contrary, any fee amount collected pursuant to
    41  this paragraph shall be deposited in the clean air fund, to  the  credit
    42  of  the  mobile  source  account,  in  accordance with the provisions of
    43  section ninety-seven-oo of the state finance law.
    44    L. Notwithstanding the provisions of paragraph K of this  subdivision,
    45  no fee shall be charged upon the registration of any vehicle exempt from
    46  the payment of registration fees under paragraph b of subdivision six of
    47  this section.
    48    §  8.  Paragraph  a of subdivision 8 of section 401 of the vehicle and
    49  traffic law, as amended by chapter 55 of the laws of 1992, is amended to
    50  read as follows:
    51    a. The provisions of this chapter in relation  to  registration  books
    52  and  registration,  certificates  of registration, number plates, dupli-
    53  cates of certificates and  number  plates,  times  of  registration  and
    54  reregistration and the duration thereof, for motor vehicles, shall apply
    55  also to trailers. The following fees shall be paid upon the registration
    56  or reregistration of a trailer, other than a coach or house trailer or a
        S. 994                             155                           A. 1924
 
     1  semitrailer,  in  accordance  with  the  provisions of this article: The
     2  annual fee of [four] five dollars and [thirty-one] thirty-nine cents for
     3  each five hundred pounds or fraction thereof of maximum gross weight but
     4  in  no  case shall the annual fee be less than [eleven] fourteen dollars
     5  and [fifty] thirty-eight cents. The following fees shall  be  paid  upon
     6  the  registration  or  reregistration  of  a  coach  or house trailer in
     7  accordance with the provisions of this article: The annual  fee  of  one
     8  dollar  and  [thirty-eight]  seventy-three  cents  for  each one hundred
     9  pounds or major fraction thereof of unladen weight but in no case  shall
    10  the  annual fee be less than [seventeen] twenty-one dollars and [twenty-
    11  five] fifty-six cents. The following fees shall be paid upon the  regis-
    12  tration or reregistration of a semitrailer in accordance with provisions
    13  of  this  article: The annual fee of [twenty-three] twenty-eight dollars
    14  and seventy-five cents.  However, upon the request of the applicant upon
    15  the registration or renewal of a  registration  of  a  nineteen  hundred
    16  eighty-nine  or  later  model  year semitrailer, such semitrailer may be
    17  registered for a period of not less than five and one-half nor more than
    18  six and one-half years for a fee of [sixty-nine] eighty-six dollars  and
    19  twenty-five  cents.   A semitrailer, used with any device for converting
    20  it to a trailer, other than one being drawn  by  a  tractor  semitrailer
    21  combination  as part of a double tandem combination, shall be registered
    22  as a trailer.
    23    For the purposes of this paragraph, the unladen weight of a  coach  or
    24  house  trailer  shall  include  the  weight of any equipment permanently
    25  attached to or installed in such trailer. Notwithstanding the  foregoing
    26  provisions and pursuant to regulations and limitations to be established
    27  by  the commissioner and upon payment of a fee of two dollars and thirty
    28  cents therefor a temporary permit to move a coach or  house  trailer  on
    29  the  public  highways  from  one  site to another shall be issued to the
    30  owner thereof upon application therefor. Such application shall be  made
    31  in the manner prescribed by the commissioner.
    32    §  9. Subdivision 21 of section 401 of the vehicle and traffic law, as
    33  amended by section 9 of part EE of chapter 63 of the laws  of  2000,  is
    34  amended to read as follows:
    35    21.  The commissioner shall deposit daily the percentages listed below
    36  of all fees collected or received by the commissioner after March  thir-
    37  ty-first, nineteen hundred ninety-three pursuant to certain registration
    38  fees imposed by (a) paragraph a of subdivision six, (b) all schedules of
    39  subdivision  seven  and  (c)  paragraph  a  of subdivision eight of this
    40  section in a responsible bank, banking house  or  trust  company,  which
    41  shall  pay the highest rate of interest to the state for such deposit to
    42  the credit of the comptroller on account of the  dedicated  highway  and
    43  bridge  trust  fund established pursuant to section eighty-nine-b of the
    44  state finance law. The commissioner shall so deposit thirteen percent of
    45  all such registration fees so collected or so received after March thir-
    46  ty-first, nineteen hundred ninety-three, seventeen percent of  all  such
    47  registration  fees  so  collected  or so received after December thirty-
    48  first, nineteen hundred ninety-four, twenty percent of all  such  regis-
    49  tration  fees  so  collected or so received after December thirty-first,
    50  nineteen hundred ninety-five, twenty-eight percent of all such registra-
    51  tion fees so collected or so received after March thirty-first, nineteen
    52  hundred ninety-eight, thirty-four percent of all such registration  fees
    53  so collected or so received after June thirtieth, nineteen hundred nine-
    54  ty-eight,  and  forty-five and five-tenths percent of all such registra-
    55  tion fees so collected or so received after January thirty-first,  nine-
    56  teen  hundred  ninety-nine.  Every  bank, banking house or trust company
        S. 994                             156                           A. 1924
 
     1  that accepts such deposits shall execute and file in the office  of  the
     2  department of audit and control an undertaking to the state, in the sum,
     3  and  with such sureties, as are required and approved by the comptroller
     4  for  the safe keeping and prompt payment on legal demand therefor of all
     5  such moneys held by or on deposit in such bank, banking house, or  trust
     6  company,  with  in