S 6697: Relates to establishing the big apple transit authority and the commuter transportation authority for the purpose of providing such authorities with municipal control over the New York city subway system (Part A); relates to establishing the big apple transit authority within the New York city transit authority (Part B); relates to establishing the big apple transit authority; repeals provisions relating thereto (Part C); relates to establishing the big apple transit authority (Part D); relates to establishing the commuter transportation authority (Part E).

  
  STATE OF NEW YORK ________________________________________________________________________ 6697 2025-2026 Regular Sessions  IN SENATE March 20, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law and the transportation law, in relation to establishing the big apple transit authority and the commuter transportation authority for the purpose of providing such authorities with municipal control over the New York city subway system; and to repeal certain provisions of the public authorities law relating thereto (Part A); to amend the public authorities law, in relation to establishing the big apple transit authority within the New York city transit authority (Part B); to amend the public authori- ties law, in relation to establishing the big apple transit authority; and to repeal subdivision 5 of section 553-k of the public authorities law relating thereto (Part C); to amend the public authorities law in relation to establishing the big apple transit authority (Part D); and to amend the public authorities law, in relation to establishing the commuter transportation authority (Part E) 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 which establish the Big Apple Transit Authority and the Commuter Transit 3 Authority. Each component is wholly contained within a Part identified 4 as Parts A through E. The effective date for each particular provision 5 contained within such Part is set forth in the last section of such 6 Part. Any provision in any section contained within a Part, including 7 the effective date of the Part, which makes a reference to a section "of 8 this act", when used in connection with that particular component, shall 9 be deemed to mean and refer to the corresponding section of the Part in 10 which it is found. Section three of this act sets forth the general 11 effective date of this act. 12 PART A EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05547-01-5 
 S. 6697 2 1 Section 1. Section 1261 of the public authorities law, as amended by 2 section 1 of part H of chapter 25 of the laws of 2009, subdivision 18-a 3 as amended by section 1 of part PP of chapter 58 of the laws of 2017, is 4 amended to read as follows: 5 § 1261. Definitions. As used or referred to in this title, unless a 6 different meaning clearly appears from the context: 7 1. "Authority" shall mean the corporation created by section twelve 8 hundred sixty-three of this title. 9 2. ["Authority facilities" shall mean the authority's railroad, omni- 10 bus, marine and aviation facilities and operations pursuant to joint 11 service arrangements. 12 3.] "Budget" shall mean the preliminary, final proposed and adopted 13 final plans of the authority, and each of its agencies. 14 [4.] 3. "Comptroller" shall mean the comptroller of the state of New 15 York. 16 [5.] 4. "Equipment" shall mean rolling stock, omnibuses, vehicles, 17 air, marine or surface craft, motors, boilers, engines, wires, ways, 18 conduits and mechanisms, machinery, tools, implements, materials, 19 supplies, instruments and devices of every nature whatsoever used or 20 useful for transportation purposes or for the generation or transmission 21 of motive power including but not limited to all power houses, and all 22 apparatus and all devices for signalling, communications and ventilation 23 as may be necessary, convenient or desirable for the operation of a 24 transportation facility. 25 [6.] 5. "Federal government" shall mean the United States of America, 26 and any officer, department, board, commission, bureau, division, corpo- 27 ration, agency or instrumentality thereof. 28 [7. "Gap" shall mean the difference between projected revenues and 29 expenses for any given fiscal year based on the existing fare structure. 30 8. "Gap-closing initiative" shall mean any action to reduce a project- 31 ed gap. 32 9.] 6. "Governor" shall mean the governor of the state of New York. 33 [10.] 7. "Joint service arrangements" shall mean agreements between or 34 among the authority and any common carrier or freight forwarder, the 35 state, any state agency, the federal government, any other state or 36 agency or instrumentality thereof, any public authority of this or any 37 other state, or any political subdivision or municipality of the state, 38 relating to property, buildings, structures, facilities, services, 39 rates, fares, classifications, divisions, allowances or charges (includ- 40 ing charges between operators of railroad, omnibus, marine and aviation 41 facilities), or rules or regulations pertaining thereto, for or in 42 connection with or incidental to transportation in part in or upon rail- 43 road, omnibus, marine or aviation facilities located within the district 44 and in part in or upon railroad, omnibus, marine or aviation facilities 45 located outside the district. 46 [11.] 8. "Marine and aviation facilities" shall mean equipment and 47 craft for the transportation of passengers, mail and cargo between 48 points within the district or pursuant to joint service arrangements, by 49 marine craft and aircraft of all types including but not limited to 50 hydrofoils, ferries, lighters, tugs, barges, helicopters, amphibians, 51 seaplanes or other contrivances now or hereafter used in navigation or 52 movement on waterways or in the navigation of or flight in airspace. It 53 shall also mean any marine port or airport facility within the transpor- 54 tation district but outside the port of New York district as defined in 55 chapter one hundred fifty-four of the laws of nineteen hundred twenty- 56 one, including but not limited to terminals, docks, piers, bulkheads, 
 S. 6697 3 1 ramps or any facility or real property necessary, convenient or desira- 2 ble for the accommodation of passengers and cargo or the docking, sail- 3 ing, landing, taking off, accommodation or servicing of such marine 4 craft or aircraft. 5 [12.] 9. "Omnibus facilities" shall mean motor vehicles, of the type 6 operated by carriers subject to the jurisdiction of the public service 7 commission, engaged in the transportation of passengers and their 8 baggage, express and mail between points within the district or pursuant 9 to joint service arrangements, and equipment, property, buildings, 10 structures, improvements, loading or unloading areas, parking areas or 11 other facilities, necessary, convenient or desirable for the accommo- 12 dation of such motor vehicles or their passengers, including but not 13 limited to buildings, structures and areas notwithstanding that portions 14 may not be devoted to any omnibus purpose other than the production of 15 revenues available for the costs and expenses of all or any facilities 16 of the authority. 17 [13.] 10. "Railroad facilities" shall mean right of way and related 18 trackage, rails, cars, locomotives, other rolling stock, signal, power, 19 fuel, communication and ventilation systems, power plants, stations, 20 terminals, storage yards, repair and maintenance shops, yards, equipment 21 and parts, offices and other real estate or personalty used or held for 22 or incidental to the operation, rehabilitation or improvement of any 23 railroad operating or to operate between points within the district or 24 pursuant to joint service arrangements, including but not limited to 25 buildings, structures, and areas notwithstanding that portions thereof 26 may not be devoted to any railroad purpose other than the production of 27 revenues available for the costs and expenses of all or any facilities 28 of the authority. 29 [14.] 11. "Real property" shall mean lands, structures, franchises and 30 interests in land, waters, lands under water, riparian rights and air 31 rights and any and all things and rights included within said term and 32 includes not only fees simple absolute but also any and all lesser 33 interests including but not limited to easements, rights of way, uses, 34 leases, licenses and all other incorporeal hereditaments and every 35 estate, interest or right, legal or equitable, including terms for years 36 and liens thereon by way of judgments, mortgages or otherwise. 37 [15.] 12. "State" shall mean the state of New York. 38 [16.] 13. "State agency" shall mean any officer, department, board, 39 commissioner, bureau, division, public benefit corporation, agency or 40 instrumentality of the state. 41 [17.] 14. "Transportation facility" shall mean any transit, railroad, 42 omnibus, marine or aviation facility and any person, firm, partnership, 43 association or, corporation which owns, leases or operates any such 44 facility or any other facility used for service in the transportation of 45 passengers, United States mail or personal property as a common carrier 46 for hire and any portion thereof and the rights, leaseholds or other 47 interest therein together with routes, tracks, extensions, connections, 48 parking lots, garages, warehouses, yards, storage yards, maintenance and 49 repair shops, terminals, stations and other related facilities thereof, 50 the devices, appurtenances, and equipment thereof and power plants and 51 other instrumentalities used or useful therefor or in connection there- 52 with. 53 [18.] 15. "Transportation district" and "district" shall mean the 54 metropolitan commuter transportation district created by section twelve 55 hundred sixty-two of this title. 
 S. 6697 4 1 [18-a.] 16. "Transportation purpose" shall mean a purpose that direct- 2 ly supports the missions or purposes of the authority, any of its 3 subsidiaries, New York city transit authority or its subsidiary, includ- 4 ing the realization of revenues derived from property that is, or is to 5 be used as, a transportation facility. 6 [19.] 17. "New York city transit authority" shall mean the corporation 7 created by section twelve hundred one of this [chapter] article. 8 [20.] 18. "Triborough bridge and tunnel authority" shall mean the 9 corporation created by section five hundred fifty-two of this chapter. 10 [21.] 19. "Inspector general" shall mean the metropolitan transporta- 11 tion authority inspector general. 12 [22. "Revenues." All] 20. "Revenues" shall mean all monies received by 13 the authority or its subsidiaries, or New York city transit authority or 14 its subsidiaries, or Triborough bridge and tunnel authority, as the case 15 may be, from whatever source, derived directly or indirectly from or in 16 connection with the operations of the respective entity. 17 [23. "Transit facility." Transit facility as defined in subdivision 18 fifteen of section twelve hundred of this article. 19 24. "Utilization" shall mean public usage of the subway, bus, railroad 20 and paratransit services, and bridge and tunnel crossings, of the 21 authority and its affiliates and subsidiaries as reflected in empirical 22 data.] 23 21. "Big apple transit authority" shall mean the corporation created 24 by section thirteen hundred forty-nine-c of this article. 25 22. "Big apple transit authority and its affiliates" shall mean the 26 big apple transit authority, the New York city transit authority, the 27 Triborough bridge and tunnel authority, and all their respective subsid- 28 iaries. 29 23. "Commuter transportation authority" shall mean the corporation 30 created by section thirteen hundred forty-nine-cccc of this article. 31 § 2. Section 1262 of the public authorities law, as amended by chapter 32 669 of the laws of 1986, is amended to read as follows: 33 § 1262. Metropolitan commuter transportation district. There is hereby 34 created and established a commuter transportation district to be known 35 as the metropolitan commuter transportation district which shall embrace 36 the city of New York and the counties of Dutchess, Nassau, Orange, 37 Putnam, Rockland, Suffolk and Westchester, provided, however, that the 38 district shall not include a county that has withdrawn from the district 39 pursuant to section [twelve] thirteen hundred [seventy-nine-b] forty- 40 nine-wwwww of this article. 41 § 3. Paragraph (a-1) of subdivision 1 and subdivision 9 of section 42 1263 of the public authorities law are REPEALED. 43 § 4. Paragraph (b) of subdivision 4 of section 1263 of the public 44 authorities law is REPEALED, and paragraphs (c) and (d) of subdivision 45 4, paragraph (c) as added by chapter 247 of the laws of 1990, and para- 46 graph (d) as added by section 5 of part H of chapter 25 of the laws of 47 2009, are amended to read as follows: 48 [(c)] (b) The [chairman] chair shall ensure that at every meeting of 49 the board and at every meeting of each committee the public shall be 50 allotted a period of time, not less than thirty minutes, to speak on any 51 topic on the agenda. 52 [(d)] (c) Notwithstanding paragraph [(c)] (b) of subdivision one of 53 section twenty-eight hundred twenty-four of this chapter or any other 54 provision of law to the contrary, the [chairman] chair shall not partic- 55 ipate in establishing authority policies regarding the payment of sala- 56 ry, compensation and reimbursement to, nor establish rules for the time 
 S. 6697 5 1 and attendance of, the chief executive officer. The salary of the 2 [chairman] chair, as determined pursuant to subdivision two of this 3 section, shall also be compensation for all services performed as chief 4 executive officer. 5 § 5. Subdivision 1 of section 1264 of the public authorities law, as 6 amended by section 1 of part H of chapter 58 of the laws of 2022, is 7 amended to read as follows: 8 1. The purposes of the authority shall be the [continuance, further 9 development and improvement of commuter transportation and other 10 services related thereto within the metropolitan commuter transportation 11 district, including but not limited to such transportation by railroad, 12 omnibus, marine and air, in accordance with the provisions of this 13 title. It shall be the further purpose of the authority, consistent with 14 its status as the ex officio board of both the New York city transit 15 authority and the triborough bridge and tunnel authority, to develop and 16 implement a unified mass transportation policy for such district in an 17 efficient and cost-effective manner that includes the use of design- 18 build contracting on all projects over two hundred million dollars in 19 cost for new construction and all projects over four hundred million 20 dollars in cost for projects that are predominantly rehabilitation or 21 replacement of existing assets except where a waiver is granted by the 22 New York state budget director pursuant to a request in writing from the 23 metropolitan transportation authority. For purposes of granting a waiver 24 pursuant to this section, such review shall consider whether the design 25 build contracting method is appropriate for the project that such waiver 26 is sought for, and the amount of savings and efficiencies that could be 27 achieved using such method. The determination for such waiver shall be 28 made in writing within forty-five days from request or shall be deemed 29 granted.] payment of debt interest and principal, and the fulfillment of 30 all terms, covenants, and other obligations entered into with the hold- 31 ers of said debt. 32 § 6. Section 1264-a of the public authorities law is REPEALED. 33 § 7. Subdivisions 3, 10 and 11 of section 1265 of the public authori- 34 ties law are REPEALED. 35 § 8. Subdivision 6 of section 1265 of the public authorities law, as 36 amended by chapter 988 of the laws of 1984, is amended to read as 37 follows: 38 6. [(a)] To enter into contracts and leases and to execute all instru- 39 ments necessary or convenient; 40 [(b) With respect to any lease transaction entered into pursuant to 41 section 168 (f) (8) of the United States internal revenue code or any 42 successor provisions, the authority shall meet the following standards 43 and procedures: 44 (i) notice of intention to negotiate shall be published in at least 45 one newspaper of general circulation, and a copy thereof shall be mailed 46 to all parties who have requested notification from the authority to 47 engage in transactions of this type. Such notice shall describe the 48 nature of the proposed transaction and the factors subject to negoti- 49 ation, which shall include, but not be limited to, the price to be paid 50 to the authority; 51 (ii) the authority shall negotiate with those respondents whose 52 response complies with the requirements set forth in the notice; 53 (iii) the board of the authority shall resolve on the basis of parti- 54 cularized findings relevant to the factors negotiated that such trans- 55 action will provide maximum available financial benefits, consistent 56 with other defined objectives and requirements. 
 S. 6697 6 1 (c) The authority shall provide to the governor, the temporary presi- 2 dent of the senate, the speaker of the assembly, the minority leader of 3 the senate and the minority leader of the assembly, notice of each lease 4 entered into pursuant to paragraph (b) of this subdivision and support- 5 ing documentation of compliance by the authority with subparagraphs (i), 6 (ii) and (iii) of paragraph (b) of this subdivision; 7 (d) Paragraphs (b) and (c) of this subdivision shall be of no force 8 and effect with respect to any lease transaction entered into pursuant 9 to a commitment approved prior to January first, nineteen hundred eight- 10 y-five by the board of the authority.] 11 § 9. Section 1265-a of the public authorities law is REPEALED. 12 § 10. Section 1265-b of the public authorities law is REPEALED. 13 § 11. Section 1266 of the public authorities law, as added by chapter 14 324 of the laws of 1965, subdivisions 1, 2, 6 and 8 as amended and 15 subdivisions 3-a and 6-a as added by section 23 of part O and subdivi- 16 sion 17 as added by section 8 of part N of chapter 61 of the laws of 17 2000, subdivision 3 as amended and subdivisions 10, 11 and 12 as added 18 by chapter 314 of the laws of 1981, subdivision 4 as amended by section 19 3 of part UU of chapter 56 of the laws of 2024, subdivision 5 as amended 20 by section 8 of part H of chapter 25 of the laws of 2009, the opening 21 paragraph of subdivision 5 as amended by chapter 506 of the laws of 22 2009, subdivision 9 as added by chapter 717 of the laws of 1967, the 23 opening paragraph of subdivision 9 as separately amended by chapters 657 24 and 789 of the laws of 1973, paragraphs (a), (b), (c) and (d) of subdi- 25 vision 9 as relettered by chapter 789 of the laws of 1973, paragraph (b) 26 of subdivision 9 as amended by chapter 420 of the laws of 1968, subdivi- 27 sion 12-a as added by section 2 of part VVV of chapter 58 of the laws of 28 2020, subdivision 13 as added by chapter 530 of the laws of 1986, subdi- 29 vision 14 as amended by chapter 182 of the laws of 2013, subdivision 15 30 as added by chapter 523 of the laws of 1999, subdivision 16 as amended 31 by chapter 25 of the laws of 2000, subdivision 18 as amended by chapter 32 607 of the laws of 2003 and subdivision 19 as added by chapter 261 of 33 the laws of 2021, is amended to read as follows: 34 § 1266. Special powers of the authority. In order to effectuate the 35 purposes of this title: 36 1. [The authority may acquire, by purchase, gift, grant, transfer, 37 contract or lease, any transportation facility other than a transit 38 facility or, subject to subdivision two of this section or any transpor- 39 tation facility constituting a transit facility, wholly or partially 40 within the metropolitan commuter transportation district, or any part 41 thereof, or the use thereof, and may enter into any joint service 42 arrangements as hereinafter provided. Any such acquisition or joint 43 service arrangement shall be authorized only by resolution of the 44 authority approved by not less than a majority vote of the whole number 45 of members of the authority then in office, except that in the event of 46 a tie vote the chairman shall cast one additional vote. 47 2. The authority may on such terms and conditions as the authority may 48 determine necessary, convenient or desirable itself plan, design, 49 acquire, establish, construct, effectuate, operate, maintain, renovate, 50 improve, extend, rehabilitate or repair (a) any transportation facility 51 other than a transit project, or (b) upon the request of the New York 52 city transit authority, and upon such terms and conditions as shall be 53 agreed to by the authority or any transportation facility constituting a 54 transit facility (a "transportation assistance project"), or may provide 55 for such planning, design, acquisition, establishment, construction, 56 effectuation, operation, maintenance, renovation, improvement, exten- 
 S. 6697 7 1 sion, rehabilitation or repair by contract, lease or other arrangement 2 on such terms as the authority may deem necessary, convenient or desira- 3 ble with any person, including but not limited to any common carrier or 4 freight forwarder, the state, any state agency, the federal government, 5 any other state or agency or instrumentality thereof, any public author- 6 ity of this or any other state, the port of New York authority or any 7 political subdivision or municipality of the state. In connection with 8 the operation of any transportation facility, the authority may plan, 9 design, acquire, establish, construct, effectuate, operate, maintain, 10 renovate, improve, extend or repair or may provide by contract, lease or 11 other arrangement for the planning, design, acquisition, establishment, 12 construction, effectuation, operation, maintenance, renovation, improve- 13 ment, extension or repair of any related services and activities it 14 deems necessary, convenient or desirable, including but not limited to 15 the transportation and storage of freight and the United States mail, 16 feeder and connecting transportation, parking areas, transportation 17 centers, stations and related facilities. Upon the completion of any 18 such transportation assistance project or any part thereof or the termi- 19 nation of any contract, lease or other arrangement relating to such 20 transportation assistance project, the authority shall cause the same to 21 be transferred, leased or subleased to the New York city transit author- 22 ity or its designated subsidiary, as appropriate, with or without 23 consideration. 24 3.] (a) The authority [may] shall ensure that its revenues and any 25 other funds or property actually available to the authority are suffi- 26 cient to maintain the operations of the authority on a self-sustaining 27 basis. The operations of the authority shall be deemed to be on a self- 28 sustaining basis as required by this title when the authority is able to 29 pay or cause to be paid from revenue and any other funds or property 30 actually available to the authority: (i) as the same shall become due, 31 the principal of and interest on the bonds and notes and other obli- 32 gations of the authority; (ii) the cost and expense of keeping the prop- 33 erties and assets of the authority in good condition and repair; (iii) 34 the operating expenses of the authority; and (iv) any additional invest- 35 ment or savings necessary to maintain proper reserves. 36 (b) The term "proper reserves" as used in this title means the funds 37 necessary, taking into consideration projections of future revenues and 38 expenses, to ensure that total funds available for the following month 39 will exceed two hundred fifty percent of the amount necessary to pay or 40 cause to be paid: 41 (i) as the same shall become due, the principal of and interest on the 42 bonds and notes and other obligations of the authority; 43 (ii) the cost and expense of keeping the properties and assets of the 44 authority in good condition and repair; and 45 (iii) the operating expenses of the authority, for that following 46 month. 47 (c) Notwithstanding any contrary provision of law in title eleven-E or 48 title eleven-F of this article, if monthly revenues fall below one 49 hundred twenty-five percent of the amount necessary to maintain the 50 operations of the authority on a self-sustaining basis, the authority 51 shall, in accordance with sections thirteen hundred forty-nine-h and 52 thirteen hundred forty-nine-iiii of this article, establish, levy and 53 collect or cause to be established, levied and collected and, in the 54 case of a joint service arrangement, join with others in the establish- 55 ment, levy and collection of such fares, tolls, rentals, rates, charges 56 and other fees as it may deem necessary, convenient or desirable for the 
 S. 6697 8 1 use and operation of any transportation facility and related services 2 operated by the authority or by a subsidiary corporation of the authori- 3 ty or under contract, lease or other arrangement, including joint 4 service arrangements, with the authority, until such time that monthly 5 revenues and any other funds or property actually available to the 6 authority, including its reserves, exceed two hundred percent of the 7 amount necessary to maintain the monthly operations of the authority on 8 a self-sustaining basis for three consecutive months. 9 (d) Any such fares, tolls, rentals, rates, charges or other fees for 10 the transportation of passengers shall be established and changed only 11 if approved by resolution of the authority adopted by not less than a 12 majority vote of the whole number of members of the authority then in 13 office, with the [chairman] chair having one additional vote in the 14 event of a tie vote, and only after a public hearing, provided however, 15 that fares, tolls, rentals, rates, charges or other fees for the trans- 16 portation of passengers on any transportation facility which are in 17 effect at the time that the then owner of such transportation facility 18 becomes a subsidiary corporation of the authority or at the time that 19 operation of such transportation facility is commenced by the authority 20 or is commenced under contract, lease or other arrangement, including 21 joint service arrangements, with the authority may be continued in 22 effect without such a hearing. [Such fares, tolls, rentals, rates, 23 charges and other fees shall be established as may in the judgment of 24 the authority be necessary to maintain the combined operations of the 25 authority and its subsidiary corporations on a self-sustaining basis. 26 The said operations shall be deemed to be on a self-sustaining basis as 27 required by this title, when the authority is able to pay or cause to be 28 paid from revenue and any other funds or property actually available to 29 the authority and its subsidiary corporations (a) as the same shall 30 become due, the principal of and interest on the bonds and notes and 31 other obligations of the authority and of such subsidiary corporations, 32 together with the maintenance of proper reserves therefor, (b) the cost 33 and expense of keeping the properties and assets of the authority and 34 its subsidiary corporations in good condition and repair, and (c) the 35 capital and operating expenses of the authority and its subsidiary 36 corporations.] 37 (e) The authority may contract with the holders of bonds and notes 38 with respect to the exercise of the powers authorized by this section. 39 (f) No acts or activities taken or proposed to be taken by the author- 40 ity or any subsidiary of the authority pursuant to the provisions of 41 this subdivision shall be deemed to be "actions" for the purposes or 42 within the meaning of article eight of the environmental conservation 43 law. 44 [3-a. In furtherance of the authority's mandate to develop and imple- 45 ment a unified mass transportation policy for the metropolitan commuter 46 transportation district and the exercise of its powers, including the 47 power to issue notes, bonds and other obligations secured in whole or in 48 part by the revenues of the authority and its subsidiaries, and New York 49 city transit authority and its subsidiaries, the authority shall join 50 with the New York city transit authority and its subsidiaries in 51 connection with any change in the establishment, levy and collection of 52 fares, tolls, rentals, rates, charges and other fees for the transporta- 53 tion of passengers on any transportation facilities operated by New York 54 city transit authority and its subsidiaries. Such fares, tolls, rentals, 55 charges and other fees on transit facilities shall be established in 
 S. 6697 9 1 accordance with the requirements of sections twelve hundred five and 2 twelve hundred seven-i of this article. 3 4. The authority may establish and, in the case of joint service 4 arrangements, join with others in the establishment of such schedules 5 and standards of operations and such other rules and regulations includ- 6 ing but not limited to rules and regulations governing the conduct and 7 safety of the public as it may deem necessary, convenient or desirable 8 for the use and operation of any transportation facility and related 9 services operated by the authority or under contract, lease or other 10 arrangement, including joint service arrangements, with the authority. 11 Such rules and regulations governing the conduct and safety of the 12 public shall be filed with the department of state in the manner 13 provided by section one hundred two of the executive law. In the case of 14 any conflict between any such rule or regulation of the authority 15 governing the conduct or the safety of the public and any local law, 16 ordinance, rule or regulation, such rule or regulation of the authority 17 shall prevail. Violation of any such rule or regulation of the authority 18 or any of its subsidiaries governing the conduct or the safety of the 19 public in or upon any facility of the authority or any of its subsid- 20 iaries shall constitute an offense and shall be punishable by a fine not 21 exceeding fifty dollars or imprisonment for not more than thirty days or 22 both or may be punishable by the imposition of a civil penalty by the 23 transit adjudication bureau established pursuant to the provisions of 24 title nine of this article, except that civil penalties relating to the 25 payment of fares may be punishable by the imposition of a civil penalty 26 not to exceed one hundred fifty dollars, provided that civil penalties 27 relating to the payment of fares to the MTA bus company and the Metro- 28 North railroad and Long Island rail road shall be in accordance with the 29 conditions set forth in subdivisions eleven and twelve of section twelve 30 hundred nine-a of this article, as applicable. 31 5. The authority may acquire, hold, own, lease, establish, construct, 32 effectuate, operate, maintain, renovate, improve, extend or repair any 33 transportation facilities through, and cause any one or more of its 34 powers, duties, functions or activities to be exercised or performed by, 35 one or more wholly owned subsidiary corporations of the authority, or by 36 New York city transit authority or any of its subsidiary corporations in 37 the case of transit facilities and may transfer to or from any such 38 corporations any moneys, real property or other property for any of the 39 purposes of this title upon such terms and conditions as shall be agreed 40 to and subject to such payment or repayment obligations as are required 41 by law or by any agreement to which any of the affected entities is 42 subject. The directors or members of each such subsidiary corporation of 43 the authority corporation shall be the same persons holding the offices 44 of members of the authority. The chairman of the board of each such 45 subsidiary shall be the chairman of the authority, serving ex officio 46 and, provided that there is an executive director of the metropolitan 47 transportation authority, the executive director of such subsidiary 48 shall be the executive director of the metropolitan transportation 49 authority, serving ex officio. Notwithstanding any provision of law to 50 the contrary, the chairman shall be the chief executive officer of each 51 such subsidiary and shall be responsible for the discharge of the execu- 52 tive and administrative functions and powers of each such subsidiary. 53 The chairman and executive director, if any, shall be empowered to dele- 54 gate his or her functions and powers to one or more officers or employ- 55 ees of each such subsidiary designated by him or her. Each such subsid- 56 iary corporation of the authority and any of its property, functions and 
 S. 6697 10 1 activities shall have all of the privileges, immunities, tax exemptions 2 and other exemptions of the authority and of the authority's property, 3 functions and activities. Each such subsidiary corporation shall be 4 subject to the restrictions and limitations to which the authority may 5 be subject. Each such subsidiary corporation of the authority shall be 6 subject to suit in accordance with section twelve hundred seventy-six of 7 this title. The employees of any such subsidiary corporation, except 8 those who are also employees of the authority, shall not be deemed 9 employees of the authority. 10 If the authority shall determine that one or more of its subsidiary 11 corporations should be in the form of a public benefit corporation, it 12 shall create each such public benefit corporation by executing and 13 filing with the secretary of state a certificate of incorporation, which 14 may be amended from time to time by filing, which shall set forth the 15 name of such public benefit subsidiary corporation, its duration, the 16 location of its principal office, and any or all of the purposes of 17 acquiring, owning, leasing, establishing, constructing, effectuating, 18 operating, maintaining, renovating, improving, extending or repairing 19 one or more facilities of the authority. Each such public benefit 20 subsidiary corporation shall be a body politic and corporate and shall 21 have all those powers vested in the authority by the provisions of this 22 title which the authority shall determine to include in its certificate 23 of incorporation except the power to contract indebtedness. 24 Whenever any state, political subdivision, municipality, commission, 25 agency, officer, department, board, division or person is authorized and 26 empowered for any of the purposes of this title to co-operate and enter 27 into agreements with the authority such state, political subdivision, 28 municipality, commission, agency, officer, department, board, division 29 or person shall have the same authorization and power for any of such 30 purposes to co-operate and enter into agreements with a subsidiary 31 corporation of the authority. 32 6. Each of the] 2. On a monthly basis, or more frequently if required 33 by law or agreement, the authority shall: 34 (a) pay: 35 (i) as the same shall become due, the principal of and interest on the 36 bonds and notes and other obligations of the authority, together with 37 the maintenance of proper reserves therefor; 38 (ii) the cost and expense of keeping the properties and assets of the 39 authority in good condition and repair; and 40 (iii) the operating expenses of the authority; 41 (b) make all other payments and transfers as required by law, includ- 42 ing those required by sections twelve hundred seventy-a, twelve hundred 43 seventy-b, twelve hundred seventy-c, former section twelve hundred 44 seventy-d, sections twelve hundred seventy-h, and twelve hundred seven- 45 ty-i of this title; and 46 (c) transfer all remaining funds, except those required to be held in 47 reserve by law, to the big apple transit authority and the commuter 48 transportation authority as follows: eighty percent of the funds shall 49 be transferred to the big apple transit authority and twenty percent of 50 the funds shall be transferred to the commuter transportation authority. 51 3. The authority [and its subsidiaries, and the New York city transit 52 authority and its subsidiaries, in its own name or in the name of the 53 state,] may apply for and receive and accept grants of property, money 54 and services and other assistance offered or made available to it by any 55 person, government or agency, which it may use to meet capital or oper- 56 ating expenses and for any other use within the scope of its powers, and 
 S. 6697 11 1 to negotiate for the same upon such terms and conditions as the respec- 2 tive authority may determine to be necessary, convenient or desirable. 3 [6-a.] 4. Subject to the rights of the holders of any outstanding 4 bonds, notes or other obligations of the authority, [New York city tran- 5 sit authority and Triborough bridge and tunnel authority] the big apple 6 transit authority and its affiliates, and the commuter transportation 7 authority, and to facilitate the efficient financial management of the 8 authority, [its subsidiary corporations, New York city transit authority 9 and its subsidiary corporations, and Triborough bridge and tunnel 10 authority] the big apple transit authority and its affiliates, and the 11 commuter transportation authority, (the "affiliated entities"), the 12 authority may[, and may permit and direct any affiliated entity to,] 13 transfer revenues, subsidies and other monies or securities to one or 14 more funds or accounts of another affiliated entity for use by such 15 other affiliated entity, provided at the time of such transfer it is 16 reasonably anticipated that the monies and securities so transferred 17 will be reimbursed, repaid or otherwise provided for by the end of the 18 next succeeding calendar year if reimbursement or repayment is required 19 by law or by any agreement to which any of the affected affiliated enti- 20 ties is subject. Any revenues of an affiliated entity that are trans- 21 ferred to another affiliated entity, which transfer was not authorized 22 by a provision of law other than this subdivision, shall be considered 23 to be required to be repaid to the affiliated entity which was the 24 source of such revenues by the end of the next succeeding calendar year 25 following such transfer. 26 [7. The authority may lease railroad cars for use in its passenger 27 service pursuant to the provisions of chapter six hundred thirty-eight 28 of the laws of nineteen hundred fifty-nine. 29 8. The authority may do all things it deems necessary, convenient or 30 desirable to manage, control and direct the maintenance and operation of 31 transportation facilities, equipment or real property operated by or 32 under contract, lease or other arrangement with the authority and its 33 subsidiaries, and New York city transit authority and its subsidiaries. 34 Except as hereinafter specially provided, no municipality or political 35 subdivision, including but not limited to a county, city, village, town 36 or school or other district shall have jurisdiction over any facilities 37 of the authority and its subsidiaries, and New York city transit author- 38 ity and its subsidiaries, or any of their activities or operations. The 39 local laws, resolutions, ordinances, rules and regulations of a munici- 40 pality or political subdivision, heretofore or hereafter adopted, 41 conflicting with this title or any rule or regulation of the authority 42 or its subsidiaries, or New York city transit authority or its subsid- 43 iaries, shall not be applicable to the activities or operations of the 44 authority and its subsidiaries, and New York city transit authority, or 45 the facilities of the authority and its subsidiaries, and New York city 46 transit authority and its subsidiaries, except such facilities that are 47 devoted to purposes other than transportation or transit purposes. Each 48 municipality or political subdivision, including but not limited to a 49 county, city, village, town or district in which any facilities of the 50 authority or its subsidiaries, or New York city transit authority or its 51 subsidiaries are located shall provide for such facilities police, fire 52 and health protection services of the same character and to the same 53 extent as those provided for residents of such municipality or political 54 subdivision. 55 The jurisdiction, supervision, powers and duties of the department of 56 transportation of the state under the transportation law shall not 
 S. 6697 12 1 extend to the authority in the exercise of any of its powers under this 2 title. The authority may agree with such department for the execution by 3 such department of any grade crossing elimination project or any grade 4 crossing separation reconstruction project along any railroad facility 5 operated by the authority or by one of its subsidiary corporations or 6 under contract, lease or other arrangement with the authority. Any such 7 project shall be executed as provided in article ten of the transporta- 8 tion law and the railroad law, respectively, and the costs of any such 9 project shall be borne as provided in such laws, except that the author- 10 ity's share of such costs shall be borne by the state. 11 9. Upon approval by the commissioner of transportation of the state of 12 New York of detailed plans and specifications, which approval may be 13 based upon considerations of relative need and the timing of 14 construction, the authority is authorized to design, construct, main- 15 tain, operate, improve and reconstruct a highway bridge crossing Long 16 Island sound, as follows: 17 (a) Upon (i) the enactment by the state of Connecticut of legislation 18 having like effect as the provisions of this paragraph and the granting 19 of the consent of the congress of the United States of America to the 20 interstate compact thereby created, and (ii) in conformity with recom- 21 mendations of the New York-Connecticut bi-state bridge study commission, 22 the authority is authorized, in cooperation with any duly designated 23 agency or agencies of the state of Connecticut, to design, construct, 24 maintain, operate, improve and reconstruct a highway bridge crossing 25 Long Island sound from a point in the vicinity of the city of Bridgeport 26 in the state of Connecticut to a point in the vicinity of the village of 27 Port Jefferson in the state of New York, together with approaches to 28 such bridge; and to contract from time to time with such agency or agen- 29 cies of the state of Connecticut with respect to all matters affecting 30 these authorizations, including, without limitation, the sharing of all 31 capital, operational and maintenance expense (except that the capital 32 expense of the original construction of such bridge, other than the 33 expense of acquiring the needed real property, shall be in the ratio of 34 fifty per-centum for the authority and fifty per-centum for such agency 35 or agencies of the state of Connecticut), the manner and by whom the 36 work of design, construction, reconstruction, improvement, maintenance 37 and operation is to be performed or contracted to others for perform- 38 ance, the tolls, fees and other charges to be imposed from time to time 39 for the use of such bridge, and the sharing of revenues derived from the 40 imposition of such tolls, fees and charges (except that net revenues 41 remaining after deduction of operational and maintenance expense of such 42 bridge shall be in the ratio of fifty per-centum for the authority and 43 fifty per-centum for the state of Connecticut or for such agency or 44 agencies of the state of Connecticut. Subject to the limitations imposed 45 upon the authority by the provisions of the said contracts, that portion 46 of the said bridge and its approaches situate and lying within the 47 territorial boundaries of the state of New York shall be deemed a 48 "transportation facility" of the authority for all the purposes of this 49 title, but tolls, fees and other charges imposed for the use of such 50 bridge shall not be deemed to have been imposed "for the transportation 51 of passengers" within the intendment of subdivision three of this 52 section. 53 (b) If funds are made available by the authority for the payment of 54 the cost and expense of the acquisition thereof, the commissioner of 55 transportation of the state of New York, when requested by the authori- 56 ty, may acquire in the name of the state such real property lying within 
 S. 6697 13 1 the territorial boundaries of the state as may be determined from time 2 to time by the authority to be necessary, convenient or desirable to 3 carry out the authorizations set forth in paragraphs (a) and (b) of this 4 subdivision, may remove the owner or occupant thereof where necessary 5 and obtain possession and, when requested by the authority, may dispose 6 of any real property so acquired, all according to the procedure 7 provided in section thirty of the highway law. The authority shall have 8 the right to possess and use for its corporate purposes all such real 9 property so acquired, all according to the procedure provided in section 10 thirty of the highway law. The authority shall have the right to possess 11 and use for its corporate purposes all such real property so acquired. 12 Claims for the value of the property appropriated and for legal damages 13 caused by any such appropriation shall be adjusted and determined by the 14 commissioner of transportation with the approval of the authority or by 15 the court of claims as provided in section thirty of the highway law. 16 When a claim has been filed with the court of claims, the claimant shall 17 cause a copy of such claim to be served upon the authority and the 18 authority shall have the right to be represented and heard before such 19 court. All awards and judgments arising from such claims shall be paid 20 out of moneys of the authority. 21 (c) The authority, acting independently or jointly or in cooperation 22 with such agency or agencies of the state of Connecticut, may also apply 23 for and accept, upon condition or otherwise, from the duly authorized 24 agencies of the federal government, and of the governments of the states 25 of Connecticut and New York, such underwater and overwater grants of 26 real property, licenses or permits as shall be necessary, convenient or 27 desirable to carry out the authorizations set forth in paragraphs (a) 28 and (b) of this subdivision. 29 (d) The provisions of chapter four hundred forty-two of the laws of 30 nineteen hundred sixty-five (and of any agreement entered into in 31 pursuance thereof) relating to the repayment of a loan made by the state 32 to the authority for the purchase of the Long Island railroad shall be 33 inapplicable to (i) the construction of such bridges and their 34 approaches, (ii) bonds, notes or other obligations of the authority 35 issued for or in connection with the financing of the cost of design, 36 construction and reconstruction of such bridges and their approaches, or 37 the proceeds realized upon such issuance; and (iii) revenues derived 38 from the investment of such proceeds or of any part thereof, and from 39 the imposition of tolls, fees or other charges for the use of such 40 bridges. 41 10.] 5. Notwithstanding the provisions of any other law, general, 42 special or local, or of any agreement entered into in pursuance thereof, 43 relating to the repayment of any loan or advance made by the state to 44 the authority or to the New York city transit authority, neither the 45 authority nor the New York city transit authority shall be required to 46 repay any such loan or advance heretofore made from or by reason of the 47 issuance of bonds or notes of either of them or from the proceeds real- 48 ized upon such issuance or from any other funds received by either of 49 them from any source whatever in aid or assistance of the project or 50 projects for the financing of which such bonds or notes are issued. 51 [11. No project to be constructed upon real property theretofore used 52 for a transportation purpose, or on an insubstantial addition to such 53 property contiguous thereto, which will not change in a material respect 54 the general character of such prior transportation use, nor any acts or 55 activities in connection with such project, shall be subject to the 56 provisions of article eight, nineteen, twenty-four or twenty-five of the 
 S. 6697 14 1 environmental conservation law, or to any local law or ordinance adopted 2 pursuant to any such article. Nor shall any acts or activities taken or 3 proposed to be taken by the authority or by any other person or entity, 4 public or private, in connection with the planning, design, acquisition, 5 improvement, construction, reconstruction or rehabilitation of a trans- 6 portation facility, other than a marine or aviation facility, be subject 7 to the provisions of article eight of the environmental conservation 8 law, or to any local law or ordinance adopted pursuant to any such arti- 9 cle if such acts or activities require the preparation of a statement 10 under or pursuant to any federal law or regulation as to the environ- 11 mental impact thereof. 12 12. The authority may, upon suitable notice to and an offer to consult 13 with an officer designated by the city of New York, occupy the streets 14 of the city of New York for the purpose of doing any work over or under 15 the same in connection with the improvement, construction, recon- 16 struction or rehabilitation of a transportation facility without the 17 consent of or payment to such city. 18 12-a.] 6. (a) Whenever the authority determines in consultation with 19 the city of New York that it is necessary to obtain the temporary or 20 permanent use, occupancy, control or possession of vacant or undeveloped 21 or underutilized but replaceable real property, or any interest therein, 22 or subsurface real property or any interest therein then owned by the 23 city of New York for a project in the two thousand fifteen to two thou- 24 sand nineteen or the two thousand twenty to two thousand twenty-four 25 approved capital programs to (i) install one or more elevators to make 26 one or more subway stations more accessible, (ii) construct or recon- 27 struct an electrical substation to increase available power to the 28 subway system to expand passenger capacity or reliability, or (iii) in 29 connection with the capital project to construct four commuter railroad 30 passengers stations in the borough of the Bronx known as Penn Station 31 access, the authority upon approval by the board of the metropolitan 32 transportation authority and upon suitable notice and with the consent 33 of the city of New York may cause the title to such real property, or 34 any interest therein, to be transferred to the authority by adding it to 35 the agreement of lease dated June first, nineteen hundred fifty-three, 36 as amended, renewed and supplemented, authorized by section twelve 37 hundred three of this article, or may itself acquire title to such prop- 38 erty from the city of New York, and any such transfer or acquisition of 39 real property shall be subject to the provisions of subdivision five of 40 former section twelve hundred sixty-six-c of this title. Nothing in this 41 subdivision shall be deemed to authorize any temporary or permanent 42 transfer or acquisition of real property, or interest therein, that is 43 dedicated parkland without separate legislative approval of such alien- 44 ation. 45 (b) (i) Upon the execution of any transfer or acquisition pursuant to 46 this subdivision, which shall be final upon the approval by the board of 47 the metropolitan transportation authority and consent of the city of New 48 York, the fair market value shall be determined pursuant to this para- 49 graph. The authority shall make a written offer to pay to the city of 50 New York the fair market value of the authority's use, occupancy, 51 control, possession or acquisition of such property. The offer by the 52 authority shall be based on an appraisal of the value of such property 53 and a copy of such appraisal shall be included with the offer. Such 54 appraisal shall be done by an independent New York state licensed or 55 certified appraiser, who may not be employed by the authority, selected 56 at random from a panel of appraisers maintained by it for such purpose. 
 S. 6697 15 1 Such appraisal and a second appraisal, if required pursuant to subpara- 2 graph (ii) of this paragraph, shall consider only the reasonably antic- 3 ipated lawful use of the property and its zoning designation under the 4 zoning resolution of the city of New York at the time the authority 5 notified the city of New York of its determination to use, occupy, 6 control, possess or acquire such property. 7 (ii) Within thirty days of receipt of the offer by the authority, the 8 city of New York may accept it, agree with the authority on another 9 amount, or request a second appraisal by an independent New York state 10 licensed or certified appraiser, who may not be employed by the city of 11 New York, selected at random by the city of New York from a panel of 12 appraisers maintained by it for such purpose. Such second appraisal 13 shall be completed within thirty days. If the second appraisal produces 14 an estimate of the fair market value of the property that is greater 15 than that of the first appraisal, the authority shall have ten days to 16 increase its offer to such higher amount, otherwise the two appraisers 17 shall reconcile their valuations and agree on a final valuation within 18 ten days, which shall be an amount not less than the first appraisal nor 19 greater than the second appraisal. 20 [(c) Nothing in this subdivision shall be construed to affect or limit 21 the authority's power under subdivision twelve of this section. 22 13. The authority and each of its subsidiary corporations shall place 23 on each transformer and substation which contains polychlorinated biphe- 24 nyls (PCBs) a symbol so indicating the presence of PCBs. Use of a PCB 25 mark illustrated in the rules and regulations promulgated pursuant to 26 the federal Toxic Substances Control Act shall constitute compliance 27 with the provisions of this subdivision. 28 14. Notwithstanding any other provisions of law or the terms of any 29 contract, the authority, in consultation with the Long Island Rail Road, 30 shall establish and implement a no fare program for transportation on 31 the Long Island Rail Road for police officers employed by the city of 32 New York, county of Nassau, Nassau county villages and cities, county of 33 Suffolk, Suffolk county villages and towns, the division of state 34 police, the port authority of New York and New Jersey, the Metro-North 35 Commuter Railroad Company, the New York city housing authority and the 36 New York city transit authority. In establishing such program, which has 37 as its goal increased protection and improved safety for its commuters, 38 the authority and the Long Island Rail Road shall, among other things, 39 consider: (a) requiring police officers who ride without cost to regis- 40 ter with the Long Island Rail Road as a condition of riding without 41 cost; (b) requiring such officers to indicate during such registration 42 process their regular working hours and the Long Island Rail Road trains 43 that such officers expect to ride; and (c) periodically re-registering 44 and re-validating such officers. The authority and the Long Island Rail 45 Road shall also have the power to consider other matters necessary to 46 carry out the goals and objectives of this section. 47 15. (a) Notwithstanding any other provisions of law or the terms of 48 any contract, the authority, in consultation with the New York city 49 transit authority, the Long Island Rail Road and the Metro-North Commu- 50 ter Railroad Company, shall establish and implement a no fare program 51 for transportation on New York city transit authority systems, the Long 52 Island Rail Road and the Metro-North Commuter Railroad Company for indi- 53 viduals serving as personal care attendants accompanying an Americans 54 With Disabilities Act paratransit eligible individual. 
 S. 6697 16 1 (b) In order to be eligible for such no fare program the personal care 2 attendant must show his or her community based personal care attendant 3 agency issued identification card. 4 (c) In order to be considered accompanying an Americans With Disabili- 5 ties Act paratransit eligible individual the personal care attendant 6 shall have the same origin and destination as such paratransit eligible 7 individual. 8 16. Notwithstanding any other provision of law, the authority and any 9 of its subsidiary corporations shall establish and implement a half fare 10 rate program for persons with serious mental illness who are eligible to 11 receive supplemental security income benefits as defined pursuant to 12 title sixteen of the federal social security act and section two hundred 13 nine of the social services law. 14 17. Notwithstanding any conflicting provisions of general, special or 15 local law, and pursuant to the authority's 2000-2004 capital program 16 plans approved by the metropolitan transportation authority capital 17 program review board, the authority or any of its subsidiaries, the New 18 York city transit authority or any of its subsidiaries, or Triborough 19 bridge and tunnel authority, shall provide, from funds identified in 20 such approved 2000-2004 capital program plans, up to twelve million 21 dollars for the financing of a bus and heavy duty vehicles emission 22 research and testing facility and related equipment located in the state 23 of New York, whether within or outside of the transportation district, 24 which facility shall be operated by the department of environmental 25 conservation and shall be available for use on a non-exclusive basis by 26 the authority and any of its subsidiaries, the New York city transit 27 authority and any of its subsidiaries, and Triborough bridge and tunnel 28 authority. 29 18. The authority shall conduct a campaign of public outreach to 30 inform the public of the provisions pertaining to assault on employees 31 described in subdivision eleven of section 120.05 of the penal law. 32 19.] 7. In connection with their lawful responsibilities or functions, 33 the authority and its subsidiaries, including Metro-North Commuter Rail- 34 road, the Long Island Rail Road, MTA bus and the Staten Island rapid 35 transit operating authority, the Triborough bridge and tunnel authority, 36 and the New York city transit authority and its subsidiary the Manhattan 37 and Bronx surface transit operating authority, are authorized to 38 request, receive and review criminal history information through the 39 division of criminal justice services with respect to any person apply- 40 ing for a safety sensitive position. When requested, such applicant 41 shall submit to the authority or the requesting affiliate or subsidiary 42 [his or her] their fingerprints in such form and in such manner as spec- 43 ified by the division, for the purpose of conducting a criminal history 44 search identifying criminal convictions and pending criminal charges and 45 returning a report thereon in accordance with the procedures and 46 requirements established by the division pursuant to the provisions of 47 article thirty-five of the executive law, which shall include the 48 payment of the reasonable prescribed processing fee for the cost of the 49 division's full search and retention procedures and a national criminal 50 history record check. The authority or requesting affiliate or subsid- 51 iary shall submit such fingerprints and the processing fee to the divi- 52 sion. The division shall forward to the authority or the requesting 53 affiliate or subsidiary a report with respect to the applicant's previ- 54 ous criminal history, if any, or a statement that the applicant has no 55 previous criminal history according to its files. Fingerprints submitted 56 to the division pursuant to this subdivision may also be submitted to 
 S. 6697 17 1 the federal bureau of investigation for a national criminal history 2 record check. If additional copies of fingerprints are required, the 3 applicant shall furnish them upon request. Upon receipt of such criminal 4 history information, the authority or the requesting affiliate or 5 subsidiary shall provide such applicant with a copy of such criminal 6 history information, together with a copy of article twenty-three-A of 7 the correction law, and inform such applicant of [his or her] their 8 right to seek correction of any incorrect information contained in such 9 criminal history information pursuant to regulations and procedures 10 established by the division of criminal justice services. The authority 11 or the requesting affiliate or subsidiary shall ensure that adequate 12 notice be provided to such applicant regarding the fact that state and 13 national criminal history record checks may be conducted. This provision 14 shall not preclude or alter the process by which a municipal civil 15 service commission obtains and provides background information pursuant 16 to subdivision four of section fifty of the civil service law relating 17 to applicants for civil service appointments at the New York city trans- 18 it authority and the Triborough bridge and tunnel authority. 19 § 12. Section 1266-a of the public authorities law is REPEALED. 20 § 13. Section 1266-b of the public authorities law is REPEALED. 21 § 14. Section 1266-c of the public authorities law is REPEALED. 22 § 15. Section 1266-d of the public authorities law is REPEALED. 23 § 16. Section 1266-e of the public authorities law is REPEALED. 24 § 17. Section 1266-f of the public authorities law is REPEALED. 25 § 18. Section 1266-g of the public authorities law is REPEALED. 26 § 19. Section 1266-h of the public authorities law is REPEALED and a 27 new section 1266-h is added to read as follows: 28 § 1266-h. Transfer of employees. 1. In order to assist the big apple 29 transportation authority and the commuter transportation authority in 30 carrying out their powers and responsibilities, the authority shall 31 develop and complete a personnel reorganization plan to transfer its 32 employees to the big apple transportation authority and the commuter 33 transportation authority to perform any operation or function subject 34 only to a determination that they are substantially similar to any oper- 35 ation or function currently performed. Substantially similar operation 36 or function shall be determined by the authority receiving the employ- 37 ees. 38 2. Such assignment, transfer, sharing, or consolidation pursuant to 39 this section shall occur only if approved by resolution of the boards of 40 the authority, the big apple transportation authority, and the commuter 41 transportation authority, adopted by not less than a majority vote of 42 the whole number of members of the authority then in office, with the 43 chair having one additional vote in the event of a tie vote. 44 3. Nothing set forth in this section shall be construed to impede, 45 infringe or diminish the rights and benefits that accrue to employees 46 and employers through collective bargaining agreements, or impact or 47 change an employee's membership in a bargaining unit. 48 4. A transferred employee who is a member or beneficiary of any exist- 49 ing pension or retirement system shall continue to have the rights, 50 privileges, obligations and status with respect to such system or 51 systems as if they had continued in their employment with the authority. 52 5. Pursuant to this section, any such assigning, transferring, shar- 53 ing, or consolidating of powers, duties, functions or activities shall 54 not be authorized where it would impair any rights and remedies of any 55 holders of notes, bonds or other obligations issued by the authority, 56 its subsidiaries, or affiliates or their subsidiaries. 
 S. 6697 18 1 6. Such transfers shall be subject to section seventy of the civil 2 service law; or, where not subject to civil service, the provisions of 3 such section seventy shall be deemed applicable, except where the 4 context clearly requires otherwise. Any such employee who, at the time 5 of such transfer, has a temporary or provisional appointment shall be 6 transferred subject to the same right of removal, examination or termi- 7 nation as though such transfer had not been made except to the extent 8 such rights are modified by a collective bargaining agreement. 9 7. A transferred employee shall remain in the same collective bargain- 10 ing unit as was the case prior to such employee's transfer; successor 11 employees to the positions held by such transferred employees shall, 12 consistent with the provisions of article fourteen of the civil service 13 law, be included in the same unit as their predecessors. Employees, 14 other than managerial or confidential persons (as defined in article 15 fourteen of the civil service law), serving in positions in newly 16 created titles shall be assigned to the appropriate bargaining unit. 17 Nothing contained in this section shall be construed to affect: 18 (a) the rights of employees pursuant to a collective bargaining agree- 19 ment; 20 (b) the representational relationships among employee organizations or 21 the bargaining relationships between the state and an employee organiza- 22 tion; or 23 (c) existing law with respect to an application to the public employ- 24 ment relations board, provided, however, that the merger of such negoti- 25 ating units of employees shall be effected only with the consent of the 26 recognized and certified representatives of such units and of the 27 authority. 28 8. Notwithstanding the provisions of any other law to the contrary, 29 all lawful appointees holding positions which hereinbefore were subject 30 to the civil service law and are transferred to the authority shall 31 continue to hold their positions without further examination or quali- 32 fications. 33 § 20. Section 1266-i of the public authorities law is REPEALED. 34 § 21. Section 1266-j of the public authorities law is REPEALED. 35 § 22. Section 1266-k of the public authorities law is REPEALED. 36 § 23. Section 1267 of the public authorities law is REPEALED. 37 § 24. Section 1267-a of the public authorities law is REPEALED. 38 § 25. Section 1267-b of the public authorities law is REPEALED. 39 § 26. Section 1268 of the public authorities law is REPEALED. 40 § 27. Subdivisions 1-a and 12 of section 1269 of the public authori- 41 ties law are REPEALED. 42 § 28. Subdivisions 1, 3, 4, 6 and 9 of section 1269 of the public 43 authorities law, as amended by section 27 of part O of chapter 61 of the 44 laws of 2000, are amended to read as follows: 45 1. (a) The authority shall only have power [and is hereby authorized 46 from time to time] to issue its bonds, notes and other obligations in 47 such principal amount as[, in the opinion of the authority, shall be 48 necessary, convenient or desirable to effectuate any of its powers and 49 purposes, including to provide sufficient funds for achieving its 50 purposes, including the acquisition, establishment, construction, effec- 51 tuation, operation, maintenance, renovation, improvement, extension, 52 rehabilitation or repair of any transportation facility, the payment of 53 principal, redemption premium and interest on bonds, notes and other 54 obligations of the authority, establishment of reserves to secure such 55 bonds notes and other obligations, the provision of working capital and 56 all other expenditures of the authority and its subsidiary corporations, 
 S. 6697 19 1 and New York city transit authority and its subsidiary corporations 2 incident to and necessary or convenient to carry out their purposes and 3 powers] already authorized by the 2015-2019 capital program. Such 4 bonds, notes or other obligations may be issued for an individual trans- 5 portation facility or issued on a consolidated basis for such groups or 6 classes of facilities and projects as the authority in its discretion 7 deems appropriate and be payable from and secured separately or on a 8 consolidated basis by, among other things, all or any portion of such 9 revenues and other monies and assets of the authority [and its subsid- 10 iary corporations, and New York city transit authority and its subsid- 11 iary corporations as the authority determines in accordance with the 12 provisions of section twelve hundred seventy-d of this title]; 13 (b) [The authority shall have power, from time to time, to issue 14 renewal notes, to issue bonds to refund, redeem or otherwise pay, 15 including by purchase or tender, notes of the authority and its subsid- 16 iary corporations, and New York city transit authority and its subsid- 17 iary corporations and whenever it deems refunding, redemption or payment 18 expedient, to refund, redeem or otherwise pay, including by purchase or 19 tender, any bonds of the authority and its subsidiary corporations, New 20 York city transit authority and its subsidiary corporations and Tribor- 21 ough bridge and tunnel authority by the issuance of new bonds, whether 22 the bonds to be refunded, redeemed or otherwise paid have or have not 23 matured, and to issue bonds partly for such purpose and partly for any 24 other purpose and to otherwise refund, redeem, acquire by purchase or 25 tender, or in any other way repay any outstanding notes, bonds or other 26 obligations of the authority, any of its subsidiary corporations, New 27 York city transit authority, any of its subsidiary corporations and 28 Triborough bridge and tunnel authority; 29 (c)] Every issue of its notes, bonds or other obligations shall be 30 general obligations or special obligations. Every issue of general obli- 31 gations of the authority shall be payable out of any revenues or monies 32 of the authority, subject only to any agreements with the holders of 33 particular notes or bonds pledging any particular receipts or revenues. 34 Every issue of special obligations shall be payable out of any revenues, 35 receipts, monies or other assets of the authority [and its subsidiary 36 corporations, the New York city transit authority and its subsidiary 37 corporations and the Triborough bridge and tunnel authority] identified 38 for such purposes in accordance with agreements with the holders of 39 particular notes, bonds or other obligations. [The authority may issue 40 transportation revenue special obligation bonds, notes or other obli- 41 gations as provided in section twelve hundred seventy-d of this title;] 42 3. Any resolution or resolutions authorizing any notes, bonds or any 43 issue thereof, or any other obligations of the authority, may contain 44 provisions, which shall be a part of the contract with the holders ther- 45 eof, as to: 46 (a) pledging all or any part of the revenues of the authority [or of 47 any of its subsidiary corporations or New York city transit authority or 48 any of its subsidiary corporations or Triborough bridge and tunnel 49 authority] to secure the payment of the notes or bonds or of any issue 50 thereof, or any other obligations of the authority, subject to such 51 applicable agreements with bondholders, noteholders, or holders of other 52 obligations of the authority, [the New York city transit authority and 53 its subsidiary corporations, and Triborough bridge and tunnel authority] 54 the big apple transit authority and its affiliates, or the commuter 55 transportation authority as may then exist; 
 S. 6697 20 1 (b) [pledging all or any part of the assets of the authority or of any 2 of its subsidiary corporations or New York city transit authority or any 3 of its subsidiary corporations or Triborough bridge and tunnel authority 4 to secure the payment of the notes or bonds or of any issue of notes or 5 bonds, or any other obligations of the authority, subject to such agree- 6 ments with noteholders, bondholders, or holders of other obligations of 7 the authority, the New York city transit authority and its subsidiary 8 corporations, and Triborough bridge and tunnel authority as may then 9 exist; 10 (c)] the use and disposition of revenues, including fares, tolls, 11 rentals, rates, charges and other fees, made or received by the authori- 12 ty, any of its subsidiary corporations, [New York city transit authority 13 or any of its subsidiary corporations, or Triborough bridge and tunnel 14 authority] the big apple transit authority and its affiliates, and the 15 commuter transportation authority; 16 [(d)] (c) the setting aside of reserves or sinking funds and the regu- 17 lation and disposition thereof; 18 [(e)] (d) limitations on the purpose to which the proceeds of sale of 19 notes, bonds or other obligations of the authority may be applied and 20 pledging such proceeds to secure the payment of the notes or bonds or of 21 any issue thereof or of other obligations; 22 [(f)] (e) limitations on the issuance of additional notes, bonds or 23 other obligations of the authority; the terms upon which additional 24 notes, bonds or other obligations of the authority may be issued and 25 secured; the refunding of outstanding or other notes, bonds or other 26 obligations of the authority; 27 [(g)] (f) the procedure, if any, by which the terms of any contract 28 with noteholders, bondholders, or holders of other obligations of the 29 authority, may be amended or abrogated, the amount of notes, bonds or 30 other obligations of the authority the holders of which must consent 31 thereto, and the manner in which such consent may be given; 32 [(h)] (g) limitations on the amount of monies to be expended by the 33 authority [or any of its subsidiary corporations or New York city trans- 34 it authority or any of its subsidiary corporations or Triborough bridge 35 and tunnel authority for operating, administrative or other expenses of 36 the authority or any of its subsidiary corporations or New York city 37 transit authority or any of its subsidiary corporations or Triborough 38 bridge and tunnel authority]; 39 [(i)] (h) vesting in a trustee or trustees such property, rights, 40 powers and duties in trust as the authority may determine, which may 41 include any or all of the rights, powers and duties of the trustee 42 appointed by the bondholders, noteholders or holders of other obli- 43 gations of the authority pursuant to this title, and limiting or abro- 44 gating the right of the bondholders, noteholders or holders of other 45 obligations of the authority to appoint a trustee under this article or 46 limiting the rights, powers and duties of such trustee; 47 [(j)] (i) any other matters, of like or different character, which in 48 any way affect the security or protection of the notes, bonds or other 49 obligations of the authority. 50 4. In addition to the powers herein conferred upon the authority to 51 secure its notes, bonds and other obligations, the authority shall have 52 power in connection with the issuance of notes, bonds and other obli- 53 gations to enter into such agreements as the authority may deem neces- 54 sary, convenient or desirable concerning the use or disposition of the 55 monies or property of [any of] the authority[, its subsidiary corpo- 56 rations, New York city transit authority, or any of its subsidiary 
 S. 6697 21 1 corporations, or Triborough bridge and tunnel authority], including the 2 mortgaging of any such property and the entrusting, pledging or creation 3 of any other security interest in any such monies or property and the 4 doing of any act (including refraining from doing any act) which the 5 authority would have the right to do in the absence of such agreements. 6 The authority shall have power to enter into amendments of any such 7 agreements within the powers granted to the authority by this title and 8 to perform such agreements. The provisions of any such agreements may be 9 made a part of the contract with the holders of the notes, bonds and 10 other obligations of the authority. 11 6. Neither the members of the authority, [the New York city transit 12 authority or the Triborough bridge and tunnel authority] the big apple 13 transit authority or any of its affiliates, or the commuter transporta- 14 tion authority nor any person executing the notes, bonds or other obli- 15 gations shall be liable personally on the notes, bonds or other obli- 16 gations or be subject to any personal liability or accountability by 17 reason of the issuance thereof. 18 9. So long as the authority has outstanding any bonds, notes or other 19 obligations issued pursuant to this section or any bonds, notes or other 20 obligations issued or incurred pursuant to the former section twelve 21 hundred sixty-six-c of this title, none of the authority or any of its 22 subsidiary corporations, New York city transit authority or any of its 23 subsidiary corporations, or Triborough bridge and tunnel authority shall 24 have the authority to file a voluntary petition under chapter nine of 25 the federal bankruptcy code or such corresponding chapter, chapters or 26 sections as may, from time to time, be in effect, and neither any public 27 officer nor any organization, entity or other person shall authorize the 28 authority or any of its subsidiary corporations, New York city transit 29 authority or any of its subsidiary corporations, or Triborough bridge 30 and tunnel authority to be or become a debtor under chapter nine or said 31 corresponding chapter, chapters or sections of the federal bankruptcy 32 code during any such period. 33 § 29. Section 1269-a of the public authorities law is REPEALED. 34 § 30. Section 1269-b of the public authorities law is REPEALED. 35 § 31. Section 1269-c of the public authorities law is REPEALED. 36 § 32. Section 1269-d of the public authorities law is REPEALED. 37 § 33. Section 1269-f of the public authorities law is REPEALED. 38 § 34. Section 1269-g of the public authorities law is REPEALED. 39 § 35. Subdivisions 2 and 3 and paragraphs (a), (d) and (e) of subdivi- 40 sion 4 of section 1270-a of the public authorities law, subdivisions 2 41 and 3 and paragraphs (a) and (d) of subdivision 4 as amended by section 42 29 of part O of chapter 61 of the laws of 2000, and paragraph (e) of 43 subdivision 4 as amended by section 7 of part FF of chapter 58 of the 44 laws of 2019, are amended to read as follows: 45 2. Moneys in the transit account [may be pledged to the Triborough 46 bridge and tunnel authority to secure bonds and notes and, if so 47 pledged,] if already pledged prior to January first, two thousand twen- 48 ty-six, shall be paid to the Triborough bridge and tunnel authority in 49 such amounts and at such times as necessary to pay or to reimburse that 50 authority for its payment of debt service and reserve requirements on 51 that portion of special Triborough bridge and tunnel authority bonds and 52 notes issued by that authority pursuant to section five hundred fifty- 53 three-d of this chapter for transit projects undertaken for the New York 54 city transit authority and its subsidiaries. Subject to the provisions 55 of such pledge, any excess monies, or in the event there is no such 56 pledge, any moneys in such account shall, at the direction of the 
 S. 6697 22 1 [metropolitan transportation] big apple transit authority, be (a) depos- 2 ited into one or more funds or accounts and used as contemplated by 3 section [twelve hundred seventy-d] thirteen hundred forty-nine-dd of 4 this [title] article or (b) used for the payment of operating and capi- 5 tal costs of the New York city transit authority and its subsidiaries 6 and the Staten Island rapid transit operating authority. 7 3. The authority shall transfer in nineteen hundred eighty-seven up to 8 twenty million dollars of the moneys in the commuter railroad account to 9 the suburban transportation fund in accordance with the terms of an 10 agreement between the authority and the department of transportation 11 with respect thereto, established herein, and pursuant to section eight- 12 y-eight-b of the state finance law. In subsequent years the authority 13 shall transfer twenty million dollars of the moneys in the commuter 14 railroad account to the suburban transportation fund in accordance with 15 the terms of an agreement between the authority and the department of 16 transportation with respect thereto, established herein, and pursuant to 17 section eighty-eight-b of the state finance law. 18 In the event the transfer to the suburban transportation fund provided 19 pursuant to this subdivision results in an operating deficit, as certi- 20 fied by the director of the division of the budget, in consultation with 21 the authority, that portion of the deficit attributable to such transfer 22 shall be appropriated from the general fund to the authority for commu- 23 ter railroad operating purposes, provided, however, that such appropri- 24 ation shall not exceed twenty million dollars. 25 The remaining moneys in the commuter railroad account [may be pledged 26 to the Triborough bridge and tunnel authority to secure bonds and notes 27 and, if so pledged] if already pledged prior to January first, two thou- 28 sand twenty-six, shall be paid to the Triborough bridge and tunnel 29 authority in such amounts and at such times as necessary to pay or to 30 reimburse that authority for its payment of debt service and reserve 31 requirements on that portion of special Triborough bridge and tunnel 32 authority bonds and notes issued by that authority pursuant to section 33 five hundred fifty-three-d of this chapter for transportation facilities 34 undertaken for the authority and its subsidiaries. Subject to the 35 provisions of any such pledge, any excess monies, or in the event there 36 is no such pledge, any moneys in such account shall[, at the direction 37 of the metropolitan transportation authority, be (a) deposited into one 38 or more funds or accounts and used as contemplated by section twelve 39 hundred seventy-d of this title or, (b)] be used for payment of operat- 40 ing and capital costs of the Long Island Rail Road company and the 41 Metro-North commuter railroad company. 42 (a) Moneys in the corporate transportation account shall first be used 43 for payments to the metropolitan transportation authority Dutchess, 44 Orange and Rockland fund established by section twelve hundred seventy-b 45 of this title. The remaining moneys in the corporate transportation 46 account [may be pledged by the authority, or pledged to the Triborough 47 bridge and tunnel authority, to secure bonds, notes or other obligations 48 of the authority or the Triborough bridge and tunnel authority, as the 49 case may be, and, if so pledged], if already pledged to the Triborough 50 bridge and tunnel authority prior to January first, two thousand twen- 51 ty-six, shall be paid to the Triborough bridge and tunnel authority in 52 such amounts and at such times as necessary to pay or to reimburse that 53 authority for its payment of debt service and reserve requirements, if 54 any, on that portion of special Triborough bridge and tunnel authority 55 bonds and notes issued by that authority pursuant to section five 56 hundred fifty-three-d of this chapter. Subject to the provisions of any 
 S. 6697 23 1 such pledge, or in the event there is no such pledge, any excess moneys 2 in the corporate transportation account [may] shall be [used by the 3 authority for payment of operating costs of, and capital costs, includ- 4 ing debt service and reserve requirements, if any, of or for the author- 5 ity,] transferred to the [New York city transit authority and their 6 subsidiaries as the authority shall determine] big apple transit author- 7 ity. 8 (d) (1) In the event the county of Dutchess, the county of Orange or 9 the county of Rockland withdraws from the metropolitan transportation 10 district, the authority shall not transfer from the corporate transpor- 11 tation account to the metropolitan transportation authority Dutchess, 12 Orange and Rockland fund that portion of the moneys that would otherwise 13 be transferred from such account to such fund to the credit of such 14 withdrawing county or counties. 15 (2) For purposes of this subdivision, a county is deemed to have with- 16 drawn if a resolution is adopted and filed by the county legislature of 17 such county providing a public transportation plan pursuant to section 18 [twelve hundred seventy-nine-b] thirteen hundred forty-nine-wwwww of 19 this [title] article. 20 (e) Notwithstanding the foregoing provisions of this subdivision, any 21 moneys in the corporate transportation account that are received by the 22 authority: (i) without appropriation pursuant to subdivision one of this 23 section, or (ii) pursuant to the provisions of section ninety-two-ff of 24 the state finance law [may be pledged by the authority, or pledged to 25 the Triborough bridge and tunnel authority, to secure bonds, notes or 26 other obligations of the authority or the Triborough bridge and tunnel 27 authority, as the case may be, and, if so pledged], if already pledged 28 to the Triborough bridge and tunnel authority prior to January first, 29 two thousand twenty-six, shall be paid to the Triborough bridge and 30 tunnel authority in such amounts and at such times as necessary to pay 31 or to reimburse that authority for its payment of debt service and 32 reserve requirements, if any, on that portion of special Triborough 33 bridge and tunnel authority bonds and notes issued by that authority 34 pursuant to section five hundred fifty-three-d of this chapter. Subject 35 to the provisions of any such pledge, or in the event there is no such 36 pledge, any moneys in the corporate transportation account received by 37 the authority: (i) without appropriation pursuant to subdivision one of 38 this section, or (ii) pursuant to the provisions of section ninety-two- 39 ff of the state finance law [may] shall be [used by the authority for 40 payment of operating costs of, and capital costs, including debt service 41 and reserve requirements, if any, of or for the authority,] transferred 42 to the [New York city transit authority and their subsidiaries as the 43 authority shall determine] big apple transit authority. No moneys in the 44 corporate transportation account that are reserved by the authority: (i) 45 without appropriation pursuant to subdivision one of this section; or 46 (ii) pursuant to the provisions of section ninety-two-ff of the state 47 finance law may be used for making any payment to the Dutchess, Orange 48 and Rockland fund created by section twelve hundred seventy-b of this 49 title or considered in calculating the amounts required to be paid into 50 such fund. 51 § 36. Subdivision 3 of section 1270-c of the public authorities law, 52 as amended by section 30 of part O of chapter 61 of the laws of 2000, is 53 amended to read as follows: 54 3. Moneys in the fund may be [(a) pledged by the authority to secure 55 and be applied to the payment of its bonds, notes or other obligations 56 specified by the authority and issued to finance (i) transit projects 
 S. 6697 24 1 undertaken for the New York city transit authority and its subsidiaries 2 and (ii) transportation facilities undertaken for the authority and its 3 subsidiaries and (b)] used for payment of operating costs, [and capital 4 costs,] including debt service, reserve requirements, if any, the 5 payment of amounts required under bond and note facilities or agreements 6 related thereto, the payment of federal government loans, security or 7 credit arrangements or other agreements related thereto, and the payment 8 of all costs related to such obligations, of or for the authority[, the 9 New York city transit authority and their subsidiaries as the authority 10 shall determine]. To the extent moneys in the fund have already been 11 pledged by the authority prior to January first, two thousand twenty-six 12 to secure and pay its bonds, notes or other obligations [as herein 13 provided], moneys deposited into the fund shall first be deposited into 14 the pledged amounts account to the extent necessary to satisfy the 15 requirements of any debt service or reserve requirements, if any, of the 16 resolution authorizing such bonds, notes or other obligations. After 17 satisfaction of such requirements of the resolution, or if the authority 18 has not so pledged the moneys in the fund, moneys deposited in the fund 19 shall be directly deposited into the operating and capital costs account 20 and, subject to the provisions of any resolutions of the authority not 21 secured by the pledged amounts account, transferred forthwith to or for 22 the benefit of the [New York city transit authority and its subsidiaries 23 and the Staten Island rapid transit operating authority] big apple tran- 24 sit authority (the "[TA] BAT") and to and for the benefit of the [Long 25 Island Rail Road company and the Metro-North commuter rail road company] 26 commuter transportation authority (the "[CRR] CTA") as provided in this 27 section. 28 Moneys in the operating and capital costs account which were deposited 29 in the fund pursuant to appropriation from moneys deposited in the dedi- 30 cated mass transportation trust fund for payment to the metropolitan 31 transportation authority dedicated tax fund pursuant to subdivision (d) 32 of section three hundred one-j of the tax law (the "remaining PBT 33 amount") shall be distributed by the authority as follows: an amount 34 equal to the debt service incurred in such calendar year as a result of 35 obligations issued and secured by moneys in the fund, to the extent such 36 debt service is to be paid from money deposited in the fund pursuant to 37 appropriation from moneys deposited in the dedicated mass transportation 38 trust fund for payment to the metropolitan transportation authority 39 dedicated tax fund pursuant to subdivision (d) of section three hundred 40 one-j of the tax law ("PBT debt service"), shall be added to the remain- 41 ing PBT amount. The sum of these figures shall then be allocated as 42 follows: eighty-five per centum of such sum shall be allocated to the 43 [TA] BAT and fifteen per centum of such sum shall be allocated to the 44 [CRR] CTA. The amounts so allocated shall then be reduced respectively 45 by the proportional amount of PBT debt service attributable to the 46 payments for transit projects undertaken for the [TA] BAT and transpor- 47 tation facility projects undertaken for the [CRR] CTA. The remaining 48 amounts shall constitute the respective distributable shares of the 49 remaining PBT amount and shall be distributed to or for the benefit of 50 the [TA] BAT and the [CRR] CTA. 51 Moneys in the operating and capital costs account which were deposited 52 in the fund pursuant to section eighty-eight-a of the state finance law 53 (the "remaining MMTOA amount") shall be distributed by the authority as 54 follows: an amount equal to the debt service incurred in such calendar 55 year as a result of obligations issued and secured by money in the fund, 56 to the extent such debt service is to be paid from money deposited in 
 S. 6697 25 1 the fund pursuant to section eighty-eight-a of the state finance law 2 ("MMTOA debt service"), shall be added to the remaining MMTOA amount. 3 The sum of these figures shall then be allocated as follows: there shall 4 be allocated (i) to the [TA] BAT an amount of such sum which bears the 5 same proportion to such sum as the amount appropriated and paid during 6 such calendar year from the metropolitan mass transportation operating 7 assistance account to the authority for the operating expenses of the 8 [TA] BAT bears to the total amounts so appropriated and paid from such 9 operating assistance account during such calendar year to the [TA] BAT 10 and [CRR] CTA combined and (ii) to the [CRR] CTA an amount of such sum 11 which bears the same proportion to such sum as the amount appropriated 12 and paid during such calendar year from the metropolitan mass transpor- 13 tation operating assistance account to the [CRR] CTA bears to the total 14 amounts so appropriated and paid from such operating assistance account 15 during such calendar year to the [TA] BAT and [CRR] CTA combined. The 16 amounts so allocated shall then be reduced respectively by the propor- 17 tional amount of MMTOA debt service attributable to the payments for 18 transit projects undertaken for the [TA] BAT and transportation facility 19 projects undertaken for the [CRR] CTA. The remaining amounts shall 20 constitute the respective distributable shares of the remaining MMTOA 21 amount and shall be distributed to or for the benefit of the [TA] BAT 22 and the [CRR] CTA. In no event shall the authority utilize any measure 23 or calculation for determining such distributable shares other than the 24 formula prescribed herein nor shall the authority take any action which 25 would result in the use of such money which is different from or incon- 26 sistent with the use prescribed in this section. 27 To the extent that amounts described in the preceding two paragraphs 28 are distributed more frequently than annually, each such distribution 29 shall be made as nearly as may be practicable in accordance with the 30 allocations described above to the [TA] BAT and the [CRR] CTA. Within 31 thirty days after the end of each calendar year, the authority shall 32 certify to the director of the budget, the chairperson of the senate 33 finance committee and the chairperson of the assembly ways and means 34 committee, the amount of money deposited in the fund pursuant to appro- 35 priation from moneys deposited in the dedicated mass transportation 36 trust fund for payment to the metropolitan transportation authority 37 dedicated tax fund pursuant to subdivision (d) of section three hundred 38 one-j of the tax law and section eighty-eight-a of the state finance 39 law, the amounts expended from the pledged amounts account for the bene- 40 fit of the [TA] BAT and the [CRR] CTA, and the amounts of the remaining 41 PBT amount and the remaining MMTOA amount distributed during the prior 42 calendar year to the [TA] BAT and the [CRR] CTA and specifying in each 43 case the appropriation or appropriations which was the source of such 44 amounts. 45 § 37. Section 1270-d of the public authorities law is REPEALED. 46 § 38. Section 1270-g of the public authorities law, as added by 47 section 16 of part H of chapter 25 of the laws of 2009, is amended to 48 read as follows: 49 § 1270-g. Regulation of certain authority expenditures. 1. The author- 50 ity shall implement policies as appropriate to minimize unwarranted 51 expenses and to protect against abuses in connection with (i) the grant- 52 ing of any privileges or benefits having financial value, other than 53 wage payments or expense reimbursements, to members or staff of the 54 authority, or any subsidiary or other authority created by the authori- 55 ty; and (ii) the full-time and part-time assignment and use of automo- 56 biles owned or leased by the authority, or any subsidiary or other 
 S. 6697 26 1 authority created by the authority, and the use by authority employees 2 and board members of livery vehicles, as defined in section one hundred 3 twenty-one-e of the vehicle and traffic law. 4 2. The authority's total expenses for its first year, not including 5 payments of interest or principal on bonds and notes and other obli- 6 gations of the authority already outstanding as of January first, two 7 thousand twenty-six, or already authorized by the 2015-2019 capital 8 program, shall not exceed one hundred ten million dollars, and in subse- 9 quent years shall not exceed one percent of the total operating 10 expenses, not including capital expenditures or payments of interest or 11 principal on bonds and notes and other obligations, of the big apple 12 transit authority in the previous year. 13 § 39. Subdivision 3 of section 1270-h of the public authorities law, 14 as added by section 16 of part H of chapter 25 of the laws of 2009, is 15 amended to read as follows: 16 3. Moneys in the fund may be [(a) pledged by the authority to secure 17 and be applied to the payment of the bonds, notes or other obligations 18 of the authority issued on or after the effective date of this section 19 to finance capital projects of the authority and its subsidiaries and 20 the New York city transit authority and any subsidiaries; or (b)] used 21 for payment of [capital] operating costs, including debt service, 22 reserve requirements, if any, the payment of amounts required under bond 23 and note facilities or agreements related thereto, the payment of feder- 24 al government loans, security or credit arrangements or other agreements 25 related thereto, and the payment of all costs related to such obli- 26 gations, of or for the authority, the New York city transit authority 27 and their subsidiaries as the authority shall determine. To the extent 28 moneys in the fund have already been pledged by the authority prior to 29 January first, two thousand twenty-six, to secure and pay the bonds, 30 notes or other obligations of the authority issued to finance capital 31 projects of the authority and its subsidiaries and the New York city 32 transit authority and any subsidiaries as herein provided, monies depos- 33 ited into the fund shall be deposited to the extent necessary to satisfy 34 the requirements of any debt service or reserve requirements, if any, of 35 the resolution authorizing such bonds, notes or other obligations. 36 Subject to the provisions of any such pledge, or in the event there is 37 no such pledge, any excess moneys in this fund [may] shall be [used by 38 the authority for payment of operating costs of, and capital costs, 39 including debt service and reserve requirements, if any, of or for the 40 authority, the New York city transit authority and their subsidiaries as 41 the authority shall determine. To the extent moneys in the fund have 42 been pledged by the authority to secure and pay the bonds, notes or 43 other obligations of the authority issued to finance capital projects of 44 the authority and its subsidiaries and the New York city transit author- 45 ity and any subsidiaries as herein provided, monies deposited into the 46 fund shall be deposited to the extent necessary to satisfy the require- 47 ments of any debt service or reserve requirements, if any, of the resol- 48 ution authorizing such bonds, notes or other obligations] transferred to 49 the big apple transit authority. 50 § 40. Subdivisions 2, 3 and 4 of section 1270-i of the public authori- 51 ties law, as added by section 4 of part NNN of chapter 59 of the laws of 52 2018, are amended to read as follows: 53 2. Moneys in the subway action plan account shall be used for the 54 exclusive purpose of funding the operating and capital costs of the 55 [metropolitan transportation authority's] New York city subway action 56 plan. Such funds may be used for infrastructure including construction, 
 S. 6697 27 1 reconstruction, reconditioning and preservation of transportation 2 systems, facilities and equipment, acquisition of property, and for 3 operating costs including personal services, non-personal services, 4 fringe benefits, and contractual services. Funds may also be used to pay 5 or to reimburse the authority for its payment of debt service and 6 reserve requirements on that portion of authority bonds and notes issued 7 by the authority for capital costs of the [metropolitan transportation 8 authority's] New York city subway action plan. 9 3. Moneys in the outer borough transportation account shall be used 10 for the exclusive purpose of funding the operating and capital costs of 11 [metropolitan transportation] the big apple transit authority facili- 12 ties, equipment and services in the counties of Bronx, Kings, Queens and 13 Richmond, and any projects improving transportation connections from 14 such counties to New York [County] county. Such funds may be used for 15 infrastructure including construction, reconstruction, reconditioning 16 and preservation of transportation systems, facilities and equipment, 17 acquisition of property, and for operating costs including personal 18 services, non-personal services, fringe benefits, and contractual 19 services. Funds may also be used to fund a toll reduction program for 20 any crossings under the jurisdiction of the [metropolitan transporta- 21 tion] big apple transit authority [or its subsidiaries or] and its 22 affiliates. Funds may also be used to pay or to reimburse the authority 23 for its payment of debt service and reserve requirements on that portion 24 of authority bonds and notes that have been issued by the authority 25 specifically for the authorized purpose of this account. Notwithstanding 26 any law to the contrary, final approval of the use of any funds paid 27 into the outer borough transportation account shall be [unanimously] 28 approved by [three members of the Metropolitan Transportation Authority 29 Capital Program Review Board, established pursuant to section twelve 30 hundred sixty-nine-a of this title so designated pursuant to this subdi- 31 vision. For purposes of such final approvals the three voting members 32 are: the member appointed upon recommendation by the temporary president 33 of the senate; the member appointed upon recommendation of speaker of 34 the assembly; and the member appointed by the governor] the mayor of New 35 York city. 36 4. Moneys in the general transportation account shall be used for 37 funding the operating and capital costs of the [metropolitan transporta- 38 tion] big apple transit authority. Such funds may be used for infras- 39 tructure including construction, reconstruction, reconditioning and 40 preservation of transportation systems, facilities and equipment, acqui- 41 sition of property, and for operating costs including personal services, 42 non-personal services, fringe benefits, and contractual services. Funds 43 may also be used to pay or to reimburse the authority for its payment of 44 debt service and reserve requirements on that portion of authority bonds 45 and notes that have been issued by the authority specifically for the 46 purposes of this account. 47 § 41. Section 1271 of the public authorities law, as amended by 48 section 32 of part O of chapter 61 of the laws of 2000, is amended to 49 read as follows: 50 § 1271. Agreement of the state. The state does hereby pledge to and 51 agree with the authority and its subsidiaries, [New York city transit 52 authority and its subsidiaries, and Triborough bridge and tunnel author- 53 ity] the big apple transit authority and its affiliates, the commuter 54 transportation authority, and the holders of any notes, bonds or other 55 obligations, including lease obligations, issued or incurred under this 56 title, that the state will not limit or alter the denial of authority 
 S. 6697 28 1 under subdivision nine of section twelve hundred sixty-nine of this 2 title, or the rights and powers vested in the authority and its subsid- 3 iaries, New York city transit authority and its subsidiaries, and 4 Triborough bridge and tunnel authority by this title to fulfill the 5 terms of any agreements made by any of them with the holders thereof, or 6 in any way impair the rights and remedies of such holders until such 7 notes, bonds or other obligations, including lease obligations, together 8 with the interest thereon, with interest on any unpaid installments of 9 interest, and all costs and expenses for which the authority or its 10 subsidiaries, New York city transit authority and its subsidiaries, and 11 Triborough bridge and tunnel authority is liable in connection with any 12 action or proceeding by or on behalf of such holders, are fully met and 13 discharged. The authority and its subsidiaries, New York city transit 14 authority and its subsidiaries, and Triborough bridge and tunnel author- 15 ity are each authorized to include this pledge and agreement of the 16 state in any agreement with the holders of such notes, bonds or other 17 obligations, including lease obligations. 18 § 42. Section 1276-f of the public authorities law is REPEALED. 19 § 43. Section 1277 of the public authorities law is REPEALED. 20 § 44. Section 1277-a of the public authorities law, as amended by 21 section 33 of part O of chapter 61 of the laws of 2000, is amended to 22 read as follows: 23 § 1277-a. Transfer and receipt of surplus funds. Notwithstanding any 24 provision of this title or any other provision of law, general, special 25 or local, the authority [may from time to time transfer and pay over to 26 New York city transit authority or triborough bridge and tunnel authori- 27 ty all or any part of its surplus funds; and] may accept and use any 28 moneys transferred and paid over to it by [New York city transit] the 29 big apple transit authority and its affiliates or [triborough bridge and 30 tunnel] the commuter transportation authority. 31 § 45. Section 1279 of the public authorities law is REPEALED. 32 § 46. Section 1279-a of the public authorities law is REPEALED. 33 § 47. Section 1279-b of the public authorities law is REPEALED. 34 § 48. Section 1279-c of the public authorities law is REPEALED. 35 § 49. Section 1279-d of the public authorities law is REPEALED. 36 § 50. Section 1279-e of the public authorities law is REPEALED. 37 § 51. Section 1279-f of the public authorities law is REPEALED. 38 § 52. Section 1279-g of the public authorities law is REPEALED. 39 § 53. Section 1279-h of the public authorities law is REPEALED. 40 § 54. Section 1279-l of the public authorities law is REPEALED. 41 § 55. Subdivision 1 of section 17-b of the transportation law, as 42 amended by chapter 84 of the laws of 1985, is amended to read as 43 follows: 44 1. Notwithstanding the provisions of [subdivision eight of section 45 twelve hundred sixty-six and] subdivision seven of section twelve 46 hundred ninety-nine-f of the public authorities law or of [subdivision 47 seventeen of] section one hundred forty-two of this chapter, every 48 transportation authority and every other public transportation operator 49 or carrier receiving mass transportation operating assistance pursuant 50 to section eighteen-b of this [chapter] article either directly from the 51 department [of transportation] or through a county or municipality 52 pursuant to said section, shall prepare and publicize a plan for trans- 53 portation safety, including but not limited to equipment maintenance 54 procedures, personnel safety training programs, accident reporting 55 systems, passenger safety practices and the persons responsible for the 56 implementation of such practices and programs. Every authority and every 
 S. 6697 29 1 other public transportation operator or carrier required herein to file 2 such a plan shall review such plan biennially and amend such plan if 3 amendments are necessary. 4 § 56. Subdivision 17 of section 553 of the public authorities law, as 5 amended by section 4 of part O of chapter 61 of the laws of 2000, is 6 amended to read as follows: 7 17. To do all things necessary or convenient to carry out the powers 8 expressly given in this title and to assist and cooperate with the 9 metropolitan transportation authority to carry out the powers of the 10 metropolitan transportation authority in furtherance of the purposes and 11 powers of the authority as provided in this article, including, without 12 limitation, the transactions described in [sections twelve hundred 13 sixty-six-c,] section twelve hundred sixty-nine[, and twelve hundred 14 seventy-d] of this chapter. 15 § 57. Subdivisions 9 and 10 of section 553-e of the public authorities 16 law are REPEALED. 17 § 58. Subdivisions 7 and 11 of section 553-e of the public authorities 18 law, subdivision 7 as added by chapter 314 of the laws of 1981 and 19 subdivision 11 as amended by chapter 929 of the laws of 1986, are 20 amended to read as follows: 21 7. The metropolitan transportation authority, the New York city trans- 22 it authority and the designated subsidiaries of each of them are each 23 hereby authorized (i) to request the authority to undertake any such 24 project; (ii) to acquire in its own name by gift, purchase or condemna- 25 tion, and, additionally, in the case of the metropolitan transportation 26 authority, by appropriation [pursuant to section twelve hundred sixty- 27 seven-a of this chapter], any real or personal property (or any interest 28 therein), which is needed or useful for or in connection with such 29 project, the provisions of any lease or other agreement with the city to 30 the contrary notwithstanding, and to surrender the use, occupancy, 31 control or possession of or to transfer the same, or of any other such 32 real or personal property (or any interest therein) which it owns, leas- 33 es, operates or controls, to the authority; (iii) to accept a transfer, 34 transfer back, lease or sublease of any such project or part thereof 35 upon its completion; (iv) to undertake any such project itself, or to 36 finance, through loans, leases or otherwise, any other person or entity, 37 public or private, to do so, in each case using funds granted by the 38 authority to pay all or any part of the costs thereof (such undertaking, 39 in the case of the New York city transit authority and its subsidiary, 40 the Manhattan and Bronx surface transit operating authority, being free 41 of any restriction set forth in subparagraph (ii) of paragraph b of 42 subdivision one of section twelve hundred three or in paragraph (c) of 43 subdivision five of section twelve hundred three-a of this chapter); and 44 (v) to make its agents, employees and facilities available to the 45 authority in connection therewith. 46 11. The aggregate principal amount of bonds and notes issued and 47 outstanding at any time to finance projects authorized by paragraphs 48 (m), (n), (o), (p) and (r) of subdivision nine of section five hundred 49 fifty-three of this title shall not exceed one billion one hundred 50 million dollars through December thirty-first, nineteen hundred eighty- 51 six and three billion two hundred million dollars thereafter, provided 52 however that such latter amount shall not exceed two billion two hundred 53 million dollars for all bonds and notes other than those issued pursuant 54 to section five hundred fifty-three-d of this title. This limitation 55 shall not include (i) bonds and notes issued to refund or otherwise 56 repay bonds or notes theretofore issued for such purposes, (ii) bonds 
 S. 6697 30 1 issued to fund any reasonably required debt service reserve fund for 2 bonds and notes, and (iii) an amount equal to any original issue 3 discount from the [prinicipal] principal amount of any bonds or notes 4 issued and then outstanding. From the proceeds of the bonds and notes 5 provided for in the first sentence of this subdivision, other than bonds 6 or notes authorized by section five hundred fifty-three-d of this title, 7 the authority shall not expend more than one billion three hundred twen- 8 ty million dollars for transit projects [as defined in section twelve 9 hundred sixty-six-c of this chapter] nor more than eight hundred eighty 10 million dollars for transportation facilities as such term is defined in 11 subdivision fourteen of section twelve hundred sixty-one of this chapter 12 other than marine or aviation facilities. For the purposes of this 13 subdivision, facilities under the jurisdiction of the Staten Island 14 rapid transit operating authority shall be considered transit projects. 15 § 59. Subdivision 6 of section 1201 of the public authorities law, as 16 amended by section 11 of part O of chapter 61 of the laws of 2000, is 17 amended to read as follows: 18 6. The authority and its corporate existence shall continue until 19 terminated by law, provided however, that no such law shall take effect 20 so long as the authority or any of its subsidiaries, the metropolitan 21 transportation authority or the Triborough bridge and tunnel authority 22 shall have outstanding any notes or bonds or lease, sublease or other 23 contractual obligations issued or incurred pursuant to section twelve 24 hundred seven-m of this title or issued or incurred in connection with 25 the transfer of its interest in and the lease from the transferee of any 26 property furnished to it pursuant to chapter twelve of the laws of nine- 27 teen hundred seventy-nine or section fifteen of chapter three hundred 28 fourteen of the laws of nineteen hundred eighty-one[, or section twelve 29 hundred sixty-six-c or twelve hundred seventy-d of this article], unless 30 adequate provision has been made for the payment or satisfaction of such 31 outstanding notes, bonds, lease, sublease or other contractual obli- 32 gations. 33 § 60. Subdivision 11 of section 1204 of the public authorities law, as 34 amended by section 14 of part O of chapter 61 of the laws of 2000, is 35 amended to read as follows: 36 11. To make or enter into contracts, agreements, deeds, leases, 37 conveyances or other instruments necessary or convenient, and to assist 38 and cooperate with the metropolitan transportation authority to carry 39 out the powers of the metropolitan transportation authority in further- 40 ance of the purposes and powers of the authority as provided in this 41 article, including, without limitation, the transactions described in 42 [sections twelve hundred sixty-six-c,] section twelve hundred sixty-nine 43 [and twelve hundred seventy-d] of this article. This power shall include 44 the power to make contracts with other persons operating transit facili- 45 ties for combined fares for the use of such facilities and the transit 46 facilities operated by the authority and for the division of such fares, 47 and the power to make contracts for the transportation of the United 48 States mail or personal property. 49 § 61. Intentionally omitted. 50 § 62. Intentionally omitted. 51 § 63. The opening paragraph of subdivision 4 and subdivisions 5 and 11 52 of section 1209 of the public authorities law, the opening paragraph of 53 subdivision 4 as added by chapter 430 of the laws of 1983, subdivision 5 54 as added by chapter 383 of the laws of 1985 and subdivision 11 as added 55 by chapter 929 of the laws of 1986, are amended to read as follows: 
 S. 6697 31 1 Notwithstanding the provisions of subdivision two of this section, a 2 contract for the purchase of omnibuses or components of omnibuses in 3 furtherance or implementation of a capital program plan [approved pursu- 4 ant to section twelve hundred sixty-nine-b of this article] may also be 5 awarded by the authority by negotiation without competitive bidding 6 provided the following standards and procedures are complied with: 7 5. (a) Notwithstanding that funds of the authority may be used there- 8 for, a contract for all or a portion of work involving the alteration, 9 expansion or rehabilitation of a passenger station may be awarded by the 10 authority, by negotiation without competitive bidding, to a private 11 entity or the designee of a private entity where the authority by vote 12 of not less than eleven of its members approves written findings that 13 such award is expected to permit the alteration, expansion or rehabili- 14 tation to be carried out in the most efficient and cost effective 15 manner, that such private entity has agreed to pay at least one million 16 dollars toward the cost of the work, that such payment represents not 17 less than fifty percent of the total cost of the work, and that the 18 authority has complied with the procedures provided in paragraph (b) of 19 this subdivision. Notwithstanding the foregoing, a contract for all or a 20 portion of work involving the alteration, expansion or rehabilitation of 21 the passenger station located at the western terminus of the forty-sec- 22 ond street shuttle may be awarded by the authority, by negotiation with- 23 out competitive bidding, to a private entity or the designee of a 24 private entity where the authority by vote of not less than eleven of 25 its members approves written findings that such award is expected to 26 permit the alteration, expansion or rehabilitation to be carried out in 27 the most efficient and cost effective manner, and that the authority has 28 complied with the procedures provided in paragraph (b) of this subdivi- 29 sion. 30 (b) Not less than fifteen days prior to the consideration by the board 31 of the authority of a contract to be let pursuant to this subdivision, a 32 notice shall be published in at least one newspaper of general circu- 33 lation. Such notice shall identify the parties to the proposed contract 34 and summarize its terms and conditions. Such notice shall also invite 35 written public comment concerning the proposed contract, including, to 36 the extent appropriate, the submission of alternatives for the authori- 37 ty's consideration. Such information shall be considered by the board of 38 authority prior to the approval of any contract proposed to be awarded 39 pursuant to this subdivision. 40 [(c) Any contract entered into pursuant to this subdivision shall 41 comply with the requirements of subdivision thirteen of section twelve 42 hundred sixty-six-c of this article.] 43 11. The authority shall compile a list of potential sources of 44 supplies, materials or equipment regularly purchased. The authority 45 shall, by resolution, set forth the procedures it has established to 46 identify new sources and to notify such new sources of the opportunity 47 to bid for contracts for the purchase of supplies, materials or equip- 48 ment. Such procedures shall include, but not be limited to: (a) adver- 49 tising in trade journals; (b) cooperation with federal, state and local 50 agencies within its area of operations; and (c) publication in the state 51 register quarterly[; and (d) procedures established pursuant to subdivi- 52 sion thirteen of section twelve hundred sixty-six-c of this article]. 53 § 64. Subdivision 5 of section 1276-b of the public authorities law, 54 as added by section 17 of part H of chapter 25 of the laws of 2009, is 55 amended to read as follows: 
 S. 6697 32 1 5. Strategic operation plan. Financial information required to be 2 submitted by the authority [pursuant to paragraphs d and e of subdivi- 3 sion one of section twelve hundred sixty-nine-c of this title] shall be 4 presented in a format consistent with the budget and plan, in downloada- 5 ble, searchable format. 6 § 65. Section 553-d of the public authorities law, as amended by 7 section 6 of part O of chapter 61 of the laws of 2000, is amended to 8 read as follows: 9 § 553-d. Special Triborough bridge and tunnel authority special obli- 10 gation bonds and notes. In addition to the powers contained elsewhere in 11 this title with respect to the projects authorized by paragraphs (m), 12 (n), (o), (p) and (r) of subdivision nine of section five hundred 13 fifty-three of this title, and subject to the application of the reven- 14 ues and other monies and assets of the authority [pursuant to section 15 twelve hundred seventy-d of this chapter], the authority may issue its 16 bonds and notes to finance such projects payable from and secured by all 17 or any part of the moneys received by the authority from the metropol- 18 itan transportation authority special assistance fund established under 19 section twelve hundred seventy-a of this chapter, provided however that 20 such bonds and notes may also be payable from and secured by any other 21 moneys, securities and funds designated by the authority as additional 22 security therefor. Debt service on bonds and notes issued by the author- 23 ity pursuant to this section which is paid or reimbursed from moneys 24 received by the authority from the metropolitan transportation authority 25 special assistance fund shall not be deemed to constitute debt service 26 incurred by the authority for purposes of subdivision three of section 27 twelve hundred nineteen-a of this chapter. Such bonds or notes shall be 28 issued in the manner provided in section five hundred sixty-one of this 29 title. 30 § 66. This act shall take effect January 1, 2026, provided, however, 31 that the amendments to subdivision 12-a of section 1266 of the public 32 authorities law made by section eleven of this act shall not affect the 33 repeal of such subdivision and shall be deemed repealed therewith. 34 PART B 35 Section 1. Subdivisions 1 and 3 of section 1200 of the public authori- 36 ties law, as added by chapter 200 of the laws of 1953 and such section 37 as renumbered by chapter 914 of the laws of 1957, are amended and two 38 new subdivisions 4-a and 19 are added to read as follows: 39 1. "Authority." The corporation created by section [eighteen] twelve 40 hundred one of this title. 41 3. "Board of estimate." The former board of estimate of the city. 42 4-a. "City council." The city council of New York. 43 19. "Big apple transit authority." The corporation created by section 44 thirteen hundred forty-nine-c of this article. 45 § 2. Subdivisions 1, 2, 5 and 6 of section 1201 of the public authori- 46 ties law, subdivisions 1 and 5 as amended by chapter 929 of the laws of 47 1986, subdivision 2 as amended by chapter 506 of the laws of 2009, and 48 subdivision 6 as amended by section 11 of part O of chapter 61 of the 49 laws of 2000, are amended to read as follows: 50 1. A board, to be known as "New York City Transit Authority" is hereby 51 created. Such board shall be a body corporate and politic constituting a 52 public benefit corporation. It shall consist of seventeen members, all 53 serving ex officio. Those members shall be the persons who from time to 
 S. 6697 33 1 time shall hold the offices of [chairman] chair and members of [metro- 2 politan transportation] the big apple transit authority. 3 2. The [chairman] chair of such board shall be the [chairman] chair of 4 [metropolitan transportation] the big apple transit authority, serving 5 ex officio, and, provided that there is an executive director of the 6 [metropolitan transportation] big apple transit authority, the executive 7 director of the authority shall be the executive director of the [metro- 8 politan transportation] big apple transit authority, serving ex officio. 9 Notwithstanding any provision of law to the contrary, the [chairman] 10 chair shall be the chief executive officer of the authority and shall be 11 responsible for the discharge of the executive and administrative func- 12 tions and powers of the authority. The [chairman] chair and executive 13 director, if any, each shall be empowered to delegate [his or her] their 14 respective functions and powers to one or more officers or employees 15 designated by [him or her] such chair or director. 16 5. A majority of the whole number of members of the authority then in 17 office shall constitute a quorum for the transaction of any business or 18 the exercise of any power of the authority. Except as otherwise speci- 19 fied in this title, for the transaction of any business or the exercise 20 of any power of the authority, the authority shall have the power to act 21 by a majority vote of the members present at any meeting at which a 22 quorum is in attendance. In the event of a tie vote the [chairman] chair 23 shall cast one additional vote. For the purposes of the voting and 24 quorum requirements of this subdivision, the voting and quorum require- 25 ments set forth in subdivision three of section [twelve hundred sixty- 26 three] thirteen hundred forty-nine-c of this article and in any by-law 27 of the [metropolitan transportation] big apple transit authority adopted 28 pursuant to the provisions of such subdivision shall be applicable here- 29 to. 30 6. The authority and its corporate existence shall continue until 31 terminated by law, provided however, that no such law shall take effect 32 so long as the authority [or any of its subsidiaries], the big apple 33 transit authority, the metropolitan transportation authority [or], the 34 Triborough bridge and tunnel authority, or any of their respective 35 subsidiaries, shall have outstanding any notes or bonds or lease, 36 sublease or other contractual obligations issued or incurred pursuant to 37 section twelve hundred seven-m of this title or issued or incurred in 38 connection with the transfer of its interest in and the lease from the 39 transferee of any property furnished to it pursuant to chapter twelve of 40 the laws of nineteen hundred seventy-nine or section fifteen of chapter 41 three hundred fourteen of the laws of nineteen hundred eighty-one, or 42 section [twelve hundred sixty-six-c] thirteen hundred forty-nine-j or 43 [twelve hundred seventy-d] thirteen hundred forty-nine-dd of this arti- 44 cle, unless adequate provision has been made for the payment or satis- 45 faction of such outstanding notes, bonds, lease, sublease or other 46 contractual obligations. 47 § 3. Section 1202 of the public authorities law, as added by chapter 48 200 of the laws of 1953, subdivision 1 as amended by section 12 of part 49 O of chapter 61 of the laws of 2000 and such section as renumbered by 50 chapter 914 of the laws of 1957, is amended to read as follows: 51 § 1202. Purposes of the authority. 1. The purposes of the authority 52 shall be the acquisition of the transit facilities operated by the board 53 of transportation of the city, the operation of transit facilities in 54 accordance with the provisions of this title for the convenience and 55 safety of the public on a basis which will enable the operations there- 56 of, exclusive of capital costs, to be self-sustaining, and, in coordi- 
 S. 6697 34 1 nation with the [metropolitan transportation] big apple transit authori- 2 ty and the Triborough bridge and tunnel authority, the continuance, 3 further development and improvement of commuter transportation and other 4 services related thereto within the [metropolitan commuter transporta- 5 tion district] city of New York and the development and implementation 6 of a unified mass transportation policy for such [district] city. 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] city of New York 9 and the authority shall be regarded as performing a governmental func- 10 tion in carrying out its corporate purpose and in exercising the powers 11 granted by this title. 12 § 4. Subparagraph (ii) of paragraph b of subdivision 1 of section 1203 13 of the public authorities law, as amended by chapter 717 of the laws of 14 1967, is amended to read as follows: 15 (ii) From and after March first, nineteen hundred sixty-eight, the 16 authority shall also have the right to incur capital costs of such 17 nature in its own name to the extent that capital funds are available to 18 it for expenditures of such nature pursuant to the provisions of section 19 twelve hundred nineteen-a of this [chapter] title or of any other 20 provision of law, which capital costs shall not be payable by the city; 21 provided, however, that no project to be financed by the use of such 22 capital funds which is estimated by the authority to involve an expendi- 23 ture in excess of one million dollars shall be commenced unless the 24 mayor and the [board of estimate] city council shall each have been 25 notified in writing by the authority of the intent of the authority to 26 undertake such project and of the nature thereof. No such project shall 27 be commenced if and to the extent that either the mayor or a majority in 28 voting power of the members of the [board of estimate] city council 29 shall find that it is incompatible with sound planning for the develop- 30 ment or redevelopment of the city, provided such finding, together with 31 the reasons therefor, is set forth in a writing delivered to the author- 32 ity within thirty days of the receipt by the mayor or the [board of 33 estimate] city council, as the case may be, of the notification of the 34 authority relating to such project. If any such project is not so disap- 35 proved, it may nevertheless not be commenced unless and until the city 36 shall have been given an opportunity to include the same in the capital 37 budget of the city for the first fiscal year of the city commencing not 38 less than six months after receipt of such notification. If and to the 39 extent that such project is included in such capital budget, the author- 40 ity may not thereafter incur capital costs for the same in its own name. 41 If or to the extent such project is not included in such capital budget, 42 the authority may incur capital costs for the same in its own name. The 43 operation of sections twenty, twenty-one and twenty-two of the rapid 44 transit law shall be suspended with respect to any project financed with 45 the capital funds referred to in this subparagraph. 46 § 5. Paragraph (f) of subdivision 3, paragraph (c) of subdivision 5 47 and subdivision 8 of section 1203-a of the public authorities law, para- 48 graph (f) of subdivision 3 as amended by chapter 791 of the laws of 1962 49 and paragraph (c) of subdivision 5 as amended and subdivision 8 as added 50 by chapter 717 of the laws of 1967, are amended to read as follows: 51 (f) to operate omnibus lines on those routes in the city of New York 52 where on February twenty-eighth, nineteen hundred sixty-two, omnibus 53 lines were operated under franchises or temporary certificates of 54 convenience and necessity which have been revoked, terminated, rescinded 55 or condemned, or acquired by any other means, and to extend such routes 56 so as to provide the complete service operated on February twenty- 
 S. 6697 35 1 eighth, nineteen hundred sixty-two; and such operation, together with 2 the necessary extensions, shall be deemed to constitute operation over 3 approved routes with the same force and effect as if the said routes had 4 been duly approved by the [board of estimate] city council of the city, 5 as provided by law; and to operate on such other routes as the [board] 6 council may authorize by resolution adopted only after a public hearing 7 held after notice thereof, and of the proposed route, and the proposed 8 resolutions authorizing the same, have been published in full for at 9 least fifteen days, except Sundays and legal holidays, immediately prior 10 thereto in the City Record, and at least twice in two newspapers 11 published in the borough or boroughs affected, to be designated by the 12 board. 13 (c) capital costs not now charged by the transit authority as operat- 14 ing expenses shall be paid by the city; provided, however, that from and 15 after March first, nineteen hundred sixty-eight, the subsidiary corpo- 16 ration shall also have the right to incur capital costs in its own name 17 to the extent that capital funds are available to it pursuant to the 18 provisions of sections twelve hundred nineteen-a and twelve hundred 19 three-b of this [chapter] title or of any other law, which capital costs 20 shall not be payable by the city; and provided, further, that no project 21 to be financed by the use of such capital funds which is estimated by 22 the subsidiary corporation to involve an expenditure in excess of one 23 million dollars shall be commenced unless the mayor and the [board of 24 estimate] city council shall each have been notified in writing by the 25 subsidiary corporation of the intent of the subsidiary corporation to 26 undertake such project and of the nature thereof. No such project shall 27 be commenced if and to the extent that either the mayor or a majority in 28 voting power of the members of the [board of estimate] city council 29 shall find that it is incompatible with sound planning for the develop- 30 ment or redevelopment of the city, provided such finding, together with 31 the reasons therefor, is set forth in a writing delivered to the subsid- 32 iary corporation within thirty days of the receipt by the mayor or the 33 [board of estimate] city council, as the case may be, of the notifica- 34 tion of the subsidiary corporation relating to such project. Where the 35 city is required to pay the capital costs of the subsidiary corporation 36 pursuant to such agreement, serial bonds or capital notes may be issued 37 by the city, pursuant to the local finance law, to finance any such 38 costs. The subsidiary corporation shall submit timely requests for the 39 necessary capital funds to the city planning commission and the mayor of 40 the city; 41 8. From and after March first, nineteen hundred sixty-eight, no 42 substantial or general change in the levels of service furnished upon 43 the facilities of the subsidiary corporation shall be instituted except 44 upon not less than thirty days' written notice to the mayor and to the 45 [board of estimate] city council. 46 § 6. Section 1203-b of the public authorities law, as amended by 47 section 13 of part O of chapter 61 of the laws of 2000, is amended to 48 read as follows: 49 § 1203-b. Transfer of funds. The authority and its subsidiary corpo- 50 ration, the Manhattan and Bronx surface transit operating authority, may 51 each transfer to the other from time to time such available funds as 52 they may jointly determine to be necessary or desirable, including funds 53 accepted by the authority pursuant to the provisions of section twelve 54 hundred nineteen-a of this title. Subject to the rights of the holders 55 of any outstanding bonds, notes or other obligations of the authority, 56 the big apple transit authority, the metropolitan transportation author- 
 S. 6697 36 1 ity and the Triborough bridge and tunnel authority, and to facilitate 2 the efficient financial management of the authority, [its subsidiary 3 corporations] the big apple transit authority, the metropolitan trans- 4 portation authority and its subsidiary corporations, and the Triborough 5 bridge and tunnel authority (the "affiliated entities"), the authority 6 may, and shall at the direction of [metropolitan transportation] the big 7 apple transit authority, transfer revenues, subsidies and other monies 8 or securities to one or more funds or accounts of another affiliated 9 entity for use by such other affiliated entity, provided at the time of 10 such transfer it is reasonably anticipated that the monies and securi- 11 ties so transferred will be reimbursed, repaid or otherwise provided for 12 by the end of the next succeeding calendar year if reimbursement or 13 repayment is required by law or by any agreement to which any of the 14 affected affiliated entities is subject. Any revenues of an affiliated 15 entity that are transferred to another affiliated entity, which transfer 16 was not authorized by a provision of law other than this section, shall 17 be considered to be required to be repaid to the affiliated entity which 18 was the source of such revenues by the end of the next succeeding calen- 19 dar year following such transfer. 20 § 7. Subdivisions 11, 15 and 19 of section 1204 of the public authori- 21 ties law, subdivision 11 as amended by section 14 of part O of chapter 22 61 of the laws of 2000, subdivision 15 as amended by chapter 980 of the 23 laws of 1958 and subdivision 19 as added by section 15 of part O of 24 chapter 61 of the laws of 2000, are amended to read as follows: 25 11. To make or enter into contracts, agreements, deeds, leases, 26 conveyances or other instruments necessary or convenient, and to assist 27 and cooperate with the [metropolitan transportation] big apple transit 28 authority to carry out the powers of the [metropolitan transportation] 29 big apple transit authority in furtherance of the purposes and powers of 30 the authority as provided in this article, including, without limita- 31 tion, the transactions described in sections [twelve hundred 32 sixty-six-c] thirteen hundred forty-nine-j, [twelve hundred sixty-nine] 33 thirteen hundred forty-nine-u and [twelve hundred seventy-d] thirteen 34 hundred forty-nine-dd of this article. This power shall include the 35 power to make contracts with other persons operating transit facilities 36 for combined fares for the use of such facilities and the transit facil- 37 ities operated by the authority and for the division of such fares, and 38 the power to make contracts for the transportation of the United States 39 mail or personal property. 40 15. To exercise all requisite and necessary authority to manage, 41 control and direct the maintenance and operation of transit facilities 42 transferred to it for the convenience and safety of the public with 43 power, in its discretion, to extend, modify, discontinue, curtail, or 44 change routes or methods of transportation where the convenience and 45 safety of the public would be served thereby or where existing routes or 46 methods are inefficient or uneconomical; provided, however, that (except 47 in cases of emergencies) at least thirty days prior to any proposed 48 modification, discontinuance, curtailment or change of any transit route 49 or method of transportation, the authority shall give notice of its 50 intention to the [board of estimate] city council and shall, upon 51 request of such [board] council within such period, conduct a public 52 hearing thereon. 53 19. To invest any funds, accounts or other monies not required for 54 immediate use or disbursement, at the discretion of the authority, in 55 any of the investments in which the [metropolitan transportation] big 56 apple transit authority is permitted to invest its monies pursuant to 
 S. 6697 37 1 subdivision four of section [twelve hundred sixty-five] thirteen hundred 2 forty-nine-e of this article. 3 § 8. Subdivision 4 of section 1205 of the public authorities law, as 4 added by chapter 717 of the laws of 1967, is amended to read as follows: 5 4. From and after March first, nineteen hundred sixty-eight, no 6 substantial or general change in the levels of service furnished upon 7 the rapid transit facilities or the omnibus line facilities of the 8 authority shall be instituted except upon not less than thirty days' 9 written notice to the mayor and to the [board of estimate] city council. 10 § 9. Section 1206-a of the public authorities law, as added by chapter 11 576 of the laws of 1972, is amended to read as follows: 12 § 1206-a. Transit construction fund. In addition to the powers 13 provided elsewhere in this title, and to effectuate the purposes of the 14 transit construction fund act, constituting title [nine-a] nine-A of 15 this article [five of this chapter], the authority or any subsidiary 16 may: (a) acquire and use any transit facility in accordance with the 17 terms and conditions of any sublease or other agreement with the transit 18 construction fund; (b) authorize the use by the transit construction 19 fund, either with or without compensation to the authority, of the 20 agents, employees and facilities of the authority; (c) make and execute 21 contracts, leases, subleases and all other instruments or agreements 22 deemed necessary or convenient including agreements with the [metropol- 23 itan transportation] big apple transit authority and the transit 24 construction fund; and (d) do any and all other things deemed necessary 25 or convenient. 26 § 10. Subdivision 1-a of section 1207-b of the public authorities law, 27 as amended by section 16 of part O of chapter 61 of the laws of 2000, is 28 amended to read as follows: 29 1-a. The authority may also issue its bonds, notes or other obli- 30 gations in such principal amounts as shall be necessary to finance the 31 construction, purchase, lease or acquisition of, or an equity interest 32 in, an office building located or to be constructed in the borough of 33 Brooklyn in the city, provided that (i) all or a portion of such build- 34 ing is intended to be occupied by the authority and that the board 35 shall, by resolution, have made findings that the sum of the capitalized 36 value of all payments due from the authority under such bonds, notes or 37 other obligations (not including any amounts attributable to principal 38 repayment) together with any rent payments for the space in such build- 39 ing to be occupied by the authority and of all payments required of the 40 authority under any related agreement does not exceed the capitalized 41 value of those payments which would be made in a conventional commercial 42 lease transaction for comparable space with an unrelated party and (ii) 43 not more than an insubstantial portion of any real property so financed 44 with the proceeds of bonds, notes, or other obligations is utilized by 45 other than the New York city transit authority or its designated subsid- 46 iary. The term "capitalized value" for the purposes of this subdivision 47 shall be computed in the manner set forth in subdivision four of section 48 twelve hundred seven-m of this title. The [metropolitan transportation] 49 big apple transit authority is hereby additionally authorized from time 50 to time to issue bonds for the purposes of refunding, redeeming or 51 otherwise paying, including paying by purchase or tender, bonds issued 52 by the authority for such purposes and to secure such bonds in the 53 manner set forth in section [twelve hundred sixty-nine] thirteen hundred 54 forty-nine-u of this article. 
 S. 6697 38 1 § 11. Section 1207-i of the public authorities law, as amended by 2 section 17 of part O of chapter 61 of the laws of 2000, is amended to 3 read as follows: 4 § 1207-i. Rates of fare while bonds, notes and other obligations are 5 outstanding. Notwithstanding the provisions of section twelve hundred 6 five of this title or the provisions of any other law to the contrary, 7 so long as the authority shall have outstanding and unpaid bonds, notes 8 or other obligations issued pursuant to section twelve hundred seven-b 9 of this title, or the big apple transit authority, or the metropolitan 10 transportation authority or the Triborough bridge and tunnel authority 11 shall have outstanding and unpaid bonds, notes or other obligations 12 secured by or payable from, in whole or in part, the revenues, assets or 13 other monies of the authority or its subsidiary corporations, the 14 authority shall have the power at all times to fix or adjust the rate or 15 rates of fare to be charged for the use of any transit facility operated 16 by the authority as may, in the judgment of the board, be necessary to 17 produce sufficient revenues to pay, as the same shall become due, the 18 principal of and interest on such bonds, notes and other obligations of 19 the authority, the big apple transit authority, the metropolitan trans- 20 portation authority and the Triborough bridge and tunnel authority, 21 together with the maintenance of proper reserves therefor, in addition 22 to paying as the same shall become due the expenses of operation of the 23 authority. The authority, the big apple transit authority, the metropol- 24 itan transportation authority and the Triborough bridge and tunnel 25 authority, shall be authorized to contract with the holders of such 26 bonds notes and other obligations with respect to the exercise of the 27 power authorized by this section. In furtherance of the mandate of the 28 [metropolitan transportation] big apple transit authority to develop and 29 implement a unified mass transportation policy for the [metropolitan 30 commuter transportation district] city of New York and the exercise of 31 its powers, including the power to issue notes, bonds and other obli- 32 gations secured in whole or in part by the revenues of the authority and 33 its subsidiaries, the big apple transit authority and its subsidiaries, 34 the metropolitan transportation authority and its subsidiaries, and the 35 Triborough bridge and tunnel authority, the authority shall join with 36 the [metropolitan transportation] big apple transit authority in 37 connection with the establishment, levy and collection of fares, tolls, 38 rentals, rates, charges and other fees for the transportation of passen- 39 gers on any transit facilities operated by authority and its subsid- 40 iaries, including any changes thereto. 41 § 12. Subdivision 2 of section 1207-j of the public authorities law, 42 as added by chapter 655 of the laws of 1962, is amended to read as 43 follows: 44 2. The city, by resolution of the [board of estimate] city council or 45 by instruments authorized by such resolution, and the authority shall be 46 authorized to enter into an agreement for the renewal and extension of 47 the existing agreement of lease between the city and the authority for 48 such term of years as shall be agreed upon and in any such renewal and 49 extension agreement the authority may agree to such limitations upon the 50 exercise of the powers conferred upon it by sections twelve hundred 51 seven-a through twelve hundred seven-i, inclusive, as the authority in 52 its discretion shall approve. 53 § 13. Section 1207-m of the public authorities law, as added by chap- 54 ter 314 of the laws of 1981, subdivisions 2 and 8 as amended by chapter 55 988 of the laws of 1984, subparagraph (i) of paragraph (a) of subdivi- 56 sion 4 as amended by chapter 602 of the laws of 1984, paragraph (b) of 
 S. 6697 39 1 subdivision 7 as amended by chapter 558 of the laws of 1981, subdivision 2 11 as amended by section 18 of part O of chapter 61 of the laws of 2000 3 and subdivision 12 as added by chapter 929 of the laws of 1986, is 4 amended to read as follows: 5 § 1207-m. Transit projects. 1. The term "transit project" as used in 6 this section shall have the meaning given to such term from time to time 7 in section [twelve hundred sixty-six-c] thirteen hundred forty-nine-j of 8 this article. The provisions of this section shall be controlling and 9 the authority and its subsidiaries shall have the powers provided in 10 this section notwithstanding any contrary provision of this title or of 11 local law or of any lease or other agreement with the city. 12 2. (a) The authority is hereby authorized to request the [metropolitan 13 transportation] big apple transit authority to undertake any transit 14 project and the authority and its designated subsidiaries are each here- 15 by authorized (i) to enter into agreements with the [metropolitan trans- 16 portation] big apple transit authority concerning transit projects; (ii) 17 to acquire in its own name by gift, purchase or condemnation any real or 18 personal property (or any interest therein) which is needed or useful 19 for or in connection with such project, and to surrender the use, occu- 20 pancy, control or possession of or to transfer the same, or any other 21 such real or personal property (or any interest therein) which it owns, 22 leases, operates or controls, to the [metropolitan transportation] big 23 apple transit authority or its designee; (iii) to accept a transfer, 24 transfer back, lease or sublease of any such project or part thereof 25 upon its completion; and (iv) to make its agents, employees and facili- 26 ties available to the [metropolitan transportation] big apple transit 27 authority in connection therewith. 28 (b) The authority and its subsidiary corporation is each hereby 29 authorized to sell or transfer, without regard as to how or from whom 30 acquired, all or part of its interest in any equipment which is deemed 31 to be a mass commuting vehicle under the United States internal revenue 32 code or the regulations thereunder, including, without limitation, any 33 of the same obtained as transit projects or obtained from or financed 34 with money received from the Triborough bridge and tunnel authority, for 35 such consideration and on such terms or conditions as it may deem appro- 36 priate, and to obtain a lease from the transferee on such terms and 37 conditions and for such period as it may deem appropriate pursuant to 38 which it may operate, use, control or possess such mass commuting vehi- 39 cle in furtherance of the statutory purposes of the authority and its 40 subsidiaries, provided (i) such lease contains an option to the authori- 41 ty or its subsidiary corporation to repurchase its interest at the expi- 42 ration of the scheduled lease term for nominal consideration, and (ii) 43 the aggregate of the regularly scheduled rental payments which the 44 authority or its subsidiary corporation is obligated to make pursuant to 45 such lease during each twelve month period of the lease term shall not 46 exceed the aggregate amount receivable, whether by principal or inter- 47 est, by the authority or its subsidiary corporation from its transferee 48 during each such twelve month period. Without limitation of the forego- 49 ing, any lease entered into pursuant hereto may also contain provisions 50 requiring the authority or its subsidiary corporation to indemnify the 51 transferee for any loss resulting from the loss or destruction of any 52 mass commuting vehicle which is the subject of such lease, or any loss 53 arising out of any misrepresentation, act, or omission of the authority 54 or its subsidiary in connection with such lease, and requiring the 55 authority or its subsidiary corporation to undertake to replace, repair 56 or restore any such mass commuting vehicle, but such obligations shall 
 S. 6697 40 1 not be deemed regularly scheduled rental payments for purposes of the 2 preceding sentence. Rental payments and other payments or costs incurred 3 by the authority or its subsidiary corporation in discharge of its obli- 4 gations under any lease entered into as hereinabove provided shall not 5 be deemed capital costs for the purposes of section twelve hundred three 6 or twelve hundred three-a of this title, and the considerations received 7 by the authority or its subsidiary corporation in connection with any 8 transactions entered into pursuant to the authorization of this para- 9 graph may be expended free of any restriction set forth in subparagraph 10 (ii) of paragraph (b) of subdivision one of section twelve hundred three 11 or in paragraph (c) of subdivision five of section twelve hundred 12 three-a of this title. 13 (c) Neither the authority nor its subsidiary shall enter into any 14 transaction authorized by paragraph (b) of this subdivision unless the 15 following standards and procedures have been met: 16 (i) notice of intention to negotiate shall be published in at least 17 one newspaper of general circulation, and a copy thereof shall be mailed 18 to all parties who have requested notification from the authority or its 19 subsidiary to engage in transactions of this type. Such notice shall 20 describe the nature of the proposed transaction and the factors subject 21 to negotiation, which shall include, but not be limited to, the price to 22 be paid to the authority or its subsidiary; 23 (ii) the authority or its subsidiary shall negotiate with those 24 respondents whose response complies with the requirements set forth in 25 the notice; 26 (iii) the board of the authority or its subsidiary shall resolve on 27 the basis of particularized findings relevant to the factors negotiated 28 that such transaction will provide maximum available financial benefits, 29 consistent with other defined objectives and requirements. 30 (d) The authority and its subsidiary shall provide to the [governor, 31 the temporary president of the senate, the speaker of the assembly, the 32 minority leader of the senate and the minority leader of the assembly,] 33 mayor and speaker of the city council notice of each lease entered into 34 pursuant to paragraph (b) of this subdivision and supporting documenta- 35 tion of compliance by the authority and its subsidiary with subpara- 36 graphs (i), (ii) and (iii) of paragraph (c) of this subdivision. 37 (e) Paragraphs (c) and (d) of this subdivision shall be of no force 38 and effect with respect to any lease transaction entered into pursuant 39 to a commitment approved prior to January first, nineteen hundred eight- 40 y-five by the board of the authority or its subsidiary or the board of 41 the metropolitan transportation authority. 42 3. The authority and its designated subsidiaries are hereby author- 43 ized, in connection with any transit project, to pay or agree to pay, in 44 a manner and on terms and conditions satisfactory to the [metropolitan 45 transportation] big apple transit authority, any portion of the costs to 46 the [metropolitan transportation] big apple transit authority of such 47 transit project and the financing thereof which is not paid to the 48 [metropolitan transportation] big apple transit authority from any 49 federal, state or local aid or assistance or from any other moneys made 50 available or payable to the [metropolitan transportation] big apple 51 transit authority by others for such project. 52 4. (a) Such agreements with the [metropolitan transportation] big 53 apple transit authority may, without limitation, contain provisions 54 obligating the authority or its designated subsidiary to: 55 (i) issue its notes or bonds, or execute and deliver its lease, 56 sublease and other such contractual obligations, in payment for a trans- 
 S. 6697 41 1 fer, lease or sublease of a transit project to any of them, provided, 2 however, that in no event shall the aggregate principal amount of all 3 notes and bonds together with the capitalized value of all lease, 4 sublease and other such contractual obligations, exceed the sum of one 5 billion six hundred million dollars, excluding from such limitation (A) 6 the principal amount of any bonds or notes of the authority to the 7 extent the amount thereof is paid, is payable or has been agreed to be 8 paid by the federal government or any agency or instrumentality thereof 9 to the authority or to the holders of such bonds or notes, (B) the prin- 10 cipal amount of any bonds or notes of the authority issued to refund or 11 otherwise repay other obligations issued for such transit projects, (C) 12 the principal amount of any bonds or notes and the capitalized value of 13 any lease, sublease or other such contractual obligation, to the extent 14 such obligations are paid or agreed to be paid, subject to annual appro- 15 priation, under service contracts issued by the state to the metropol- 16 itan transportation authority for the benefit of the authority or its 17 subsidiaries pursuant to the provisions of section sixteen of the trans- 18 portation systems assistance and financing act of 1981, or under any 19 similar contract of the metropolitan transportation authority or the 20 authority with any other governmental entity for the benefit of the 21 authority or its subsidiaries, (D) the principal amount of any bonds or 22 notes of the authority issued to the metropolitan transportation author- 23 ity or to the big apple transit authority in connection with the funding 24 of any debt service reserve fund required by any resolution of the 25 metropolitan transportation authority or of the big apple transit 26 authority pursuant to which special obligation bonds of that authority 27 to fund a transit project were issued, and (E) a principal amount of any 28 bonds or notes of the authority equal to the amount of any original 29 issue discount from the principal amount of the special obligation bonds 30 or notes issued by the metropolitan transportation authority or by the 31 big apple transit authority in connection with the financing of a trans- 32 it project by that authority; 33 (ii) give security for the payment of such notes, bonds, lease, 34 sublease or other contractual obligations, including a pledge of all or 35 any part of its revenues or other moneys, which pledge may contain 36 covenants with respect to the charging and fixing of fares, fees and 37 rentals, the use and disposition of such fares, fees, rentals and other 38 charges, and the setting aside of reserves therefrom. 39 (b) Such agreements, and any notes, bonds, lease, sublease or other 40 contractual obligations issued or entered into by the authority or its 41 designated subsidiary pursuant thereto, may, without limitation, also 42 contain provisions as to: 43 (i) limitations with respect to the use and disposition of transit 44 projects and with respect to any other transit facilities; 45 (ii) limitations on the issuance of additional bonds, notes, lease, 46 sublease or other contractual obligations, the terms upon which they may 47 be secured and the funding or refunding thereof; 48 (iii) with respect to bonds or notes, vesting in a trustee or trustees 49 such property rights, powers and duties in trust as it may determine, 50 which rights, powers and duties may include, but shall not be limited 51 to, those set forth in section twelve hundred seven-h of this title; 52 (iv) defining the acts or omissions to act which shall constitute a 53 default and providing rights and remedies in the event of default; 54 (v) any other matters, of like or different character, which in any 55 way affect the security or protection of the [metropolitan transporta- 56 tion] big apple transit authority or any lessor; and 
 S. 6697 42 1 (vi) consenting to the extending or assignment by the [metropolitan 2 transportation] big apple transit authority or by any lessor to the 3 holders of any of its bonds, notes or lease obligations of all of the 4 benefits and rights of the [metropolitan transportation] big apple tran- 5 sit authority or of such lessor provided by any such agreement or other 6 instrument. 7 (c) The term "revenues" as used in this subdivision shall include all 8 those moneys referred to in section twelve hundred of this [article] 9 title, as well as all operating subsidies provided by any public benefit 10 corporation or by any governmental entity, federal, state or local. 11 (d) The term "capitalized value" as used in this subdivision shall 12 mean the present value of all future payments required under a lease, 13 sublease and other such contractual obligation discounted at a rate of 14 interest determined on the basis of the net interest cost of the last 15 [metropolitan transportation] big apple transit authority's special 16 obligation bonds issued prior to the execution of any such lease, 17 sublease or other contractual obligation or, if no such bonds have been 18 issued, on the basis of the net interest cost of the last bonds issued 19 by the Triborough bridge and tunnel authority, issued in payment for the 20 transfer, lease or sublease of any such transit projects. 21 5. It is the intention hereof that, subject to such agreements with 22 bondholders or noteholders as may then exist, any pledge of revenues or 23 other moneys made by the authority or its subsidiaries shall be valid 24 and binding from the time when the pledge is made; that the revenues or 25 other moneys so pledged and thereafter received by the authority or its 26 subsidiaries shall immediately be subject to the lien of such pledge 27 without any physical delivery thereof or further act, and that the lien 28 of any such pledge shall be valid and binding as against all parties 29 having claims of any kind in tort, contract or otherwise against the 30 authority or its subsidiaries irrespective of whether such parties have 31 notice thereof. Neither the agreement nor any other instrument by which 32 a pledge is created need be recorded. 33 6. So long as the authority or any of its subsidiaries shall have any 34 outstanding and unpaid obligation in connection with a transit project, 35 the authority and such subsidiaries shall have the power at all times to 36 fix or adjust the rate or rates of fares, fees, rentals or other charges 37 to be charged for the use of their transit facilities as may, together 38 with all other lawfully available moneys, be necessary in their judgment 39 to produce sufficient revenues to pay such obligations as the same 40 become due, in addition to paying as the same shall become due expenses 41 of operation of the transit facilities and satisfying all other obli- 42 gations of the authority and such subsidiaries. No acts or activities 43 taken or proposed to be taken by the authority pursuant to this subdivi- 44 sion shall be deemed to be "actions" for the purposes or within the 45 meaning of article eight of the environmental conservation law. 46 7. (a) In connection with (i) the lease between the city and the 47 authority dated June first, nineteen hundred fifty-three, and (ii) the 48 lease between the city and the Manhattan and Bronx surface transit oper- 49 ating authority dated March twentieth, nineteen hundred sixty-two (such 50 leases, as heretofore supplemented, amended or renewed, and the tenan- 51 cies originally created thereby, being referred to in this section as 52 "the existing leases"), the city, acting either by the mayor alone or by 53 resolution of the [board of estimate] city council, or by instruments 54 authorized by such resolution, and the authority are authorized to enter 55 into agreements for renewal or extension of the existing leases, or for 56 new leases, for such terms of years and upon such other terms and condi- 
 S. 6697 43 1 tions as the parties thereto shall agree and the [metropolitan transpor- 2 tation] big apple transit authority shall approve, provided that under 3 the terms thereof, the rights, privileges and obligations of the parties 4 are not inconsistent with the provisions of, or in derogation of the 5 powers of the authority all as provided in this title [nine of article 6 five of this chapter], and provided further that such agreements shall 7 in no way impair the rights or powers of the authority or the Manhattan 8 and Bronx surface transit operating authority to fulfill the terms of 9 any contract made by either of them with the holders of any of their 10 then outstanding bonds or notes, and such agreements shall provide that 11 such leases may not be terminated or permitted to expire or be amended 12 in any way inconsistent with the provisions of any agreement, bond, 13 note, lease, sublease or other contractual obligation given or made by 14 either of them in connection with a transit project. Neither the 15 provisions of section one hundred ninety-seven-c of the New York city 16 charter, relating to a uniform land use review procedure, nor the 17 provisions of any other local law of like or similar import shall apply 18 to the renewal or extension of the existing leases or to the making of 19 new leases as herein provided. 20 (b) Notwithstanding the provisions of any other law, general, special 21 or local, or the provisions of the existing leases, if either of the 22 agreements authorized by paragraph (a) [above] of this subdivision is 23 not entered into, but a note, bond, lease, sublease or other contractual 24 obligation for a transit project has been issued or entered into, then 25 (i) no party to an existing lease may terminate the same, serve any 26 notice of termination pursuant thereto, exercise any option to terminate 27 reserved therein or permit the expiration thereof, (ii) the city shall 28 not in any way limit or disturb any right of the tenant to use, occupy, 29 control and possess any of the properties, facilities or revenues which 30 are the subject of such existing lease, and (iii) the city shall not 31 seek to enforce such existing lease in any way inconsistent with or 32 contrary to the manner in which such existing lease had been adminis- 33 tered prior to the enactment of this section or inconsistent with or 34 contrary to the interests of the [metropolitan transportation] big apple 35 transit authority or any lessor under any agreement, notes, bonds, 36 lease, sublease or other contractual obligations of the authority or any 37 of its subsidiaries issued or entered into in connection with a transit 38 project (and to the extent the provisions of such leases conflict at any 39 time or in any manner with the provisions of any such note, bond, lease, 40 sublease or other contractual obligation, the provisions of such note, 41 bond, lease, sublease or other contractual obligation shall be control- 42 ling and conflicting provisions of the leases with the city shall be 43 disregarded), unless prior thereto the city has satisfied all of such 44 outstanding notes, bonds or other contractual obligations and provided 45 for the termination of all such agreements, leases and subleases, all in 46 accordance with their terms. If and to the extent moneys are paid by 47 the city to the authority or its subsidiaries to satisfy their obli- 48 gations to the [metropolitan transportation] big apple transit authority 49 under such instruments, the authority and such subsidiaries shall remit 50 such moneys to the [metropolitan transportation] big apple transit 51 authority, which shall, in turn, apply the same to the satisfaction and 52 termination of its own notes, bonds and leases issued or entered into in 53 connection with a transit project in accordance with their terms. 54 (c) Upon termination or expiration of a new lease or of a renewed or 55 extended existing lease as permitted in paragraph (a) of this subdivi- 56 sion, or upon satisfaction of the requirements of paragraph (b) of this 
 S. 6697 44 1 subdivision, title to any real or personal property (or any interest 2 therein) constituting all or any part of a transit project then vested 3 in the authority or any of its subsidiaries or the [metropolitan trans- 4 portation] big apple transit authority pursuant to the provisions of 5 this chapter shall be transferred without further consideration or 6 payment to the city. 7 8. The state of New York does hereby pledge to and agree with the 8 authority and its subsidiaries, the big apple transit authority and its 9 subsidiaries, and the metropolitan transportation authority and the 10 holders of bonds or notes or lease, sublease or other contractual obli- 11 gations issued by any of them in connection with a transit project or in 12 connection with the transfer of the interest of any of them in and the 13 lease from the transferee of any property furnished to it pursuant to 14 chapter twelve of the laws of nineteen hundred seventy-nine or section 15 fifteen of chapter three hundred fourteen of the laws of nineteen 16 hundred eighty-one, or in connection with any transaction entered into 17 pursuant to the authorization of paragraph (b) of subdivision two of 18 this section, that the state will not limit or alter the denial of 19 authority under subdivision eleven of this section, or the rights and 20 powers vested in the authority and its subsidiaries by this title to 21 fulfill the terms of any agreement made by any of them with the big 22 apple transit authority or the metropolitan transportation authority or 23 with such holders, or in any way impair their rights and remedies until 24 such agreements, bonds, notes, and obligations, together with the inter- 25 est thereon and all costs and expenses in connection with any action or 26 proceedings by or on behalf of the big apple transit authority or the 27 metropolitan transportation authority or such holders, are fully met and 28 discharged. The authority and its subsidiaries are each authorized to 29 include this pledge and the agreement of the state in any agreement with 30 the holders of such bonds or notes or lease, sublease or other obli- 31 gations and in any agreement with the big apple transit authority or the 32 metropolitan transportation authority relating to a transit project 33 which may extend the same to the holders of its bonds, notes and lease 34 obligations. 35 9. The provisions of this section and of all agreements undertaken by 36 the authority or any of its subsidiaries in accordance therewith shall 37 in all respects be subject to the rights of the holders of any outstand- 38 ing bonds or notes of the authority and its subsidiaries. 39 10. In connection with the negotiation, award and implementation of 40 contracts of the authority relating to transit projects, the provisions 41 of [paragraphs (a), (b), (c) and (d) of subdivision] subdivisions thir- 42 teen and fourteen of section [twelve hundred sixty-six-c] thirteen 43 hundred forty-nine-j of this article shall apply to the authority as if 44 it were the "authority" referred to therein, and the [officer designated 45 by the metropolitan transportation authority pursuant to paragraph (e) 46 of such subdivision] division of minority and women's business develop- 47 ment, established pursuant to article fifteen-A of the executive law, 48 shall perform the duties therein described with respect to such 49 contracts of the authority. 50 11. So long as the authority or any of its subsidiaries, the big apple 51 transit authority, or the metropolitan transportation authority, shall 52 have outstanding any notes, bonds, lease, sublease or other contractual 53 obligations authorized by this section or section [twelve hundred 54 sixty-six-c] thirteen hundred forty-nine-j or [twelve hundred sixty- 55 nine] thirteen hundred forty-nine-u of this article, or which have been 56 issued or incurred in connection with the transfer of the interest of 
 S. 6697 45 1 any of them in and the lease from the transferee of any property 2 furnished pursuant to chapter twelve of the laws of nineteen hundred 3 seventy-nine or section fifteen of chapter three hundred fourteen of the 4 laws of nineteen hundred eighty-one, neither the authority nor any of 5 its subsidiaries shall have the authority to file a voluntary petition 6 under chapter nine of the federal bankruptcy code, or such corresponding 7 chapter, chapters, or sections as may, from time to time, be in effect, 8 and neither any public officer nor any organization, entity or other 9 person shall authorize the authority or any of its subsidiaries to be or 10 become a debtor under said chapter nine or said corresponding chapter, 11 chapters or sections during any such period. 12 12. A project financed by the authority's issuance of its bonds, notes 13 or other obligations, pursuant to subdivision [one-a] two of section 14 [twelve hundred seven-b] thirteen hundred forty-nine-u of this [title] 15 article shall be deemed to constitute a transit project for the purposes 16 of this section and any notes, bonds, lease, sublease or other contrac- 17 tual obligations with respect to such project shall, for purposes of 18 this section, be deemed to have been authorized by this section; 19 provided, however, that such project shall not be deemed to constitute 20 part of any capital program plan for the purposes of section [twelve 21 hundred sixty-nine-b] thirteen hundred forty-nine-v of this article nor 22 shall the principal amounts of any bonds or notes, nor the capitalized 23 value of any lease, sublease, or other contractual obligation of the 24 authority, issued or entered into by the authority pursuant to [such] 25 subdivision [one-a] two of section thirteen hundred forty-nine-u of this 26 article, be included in any computation pursuant to subdivision four of 27 this section. 28 § 14. The opening paragraph of subdivision 4, paragraph (c) of subdi- 29 vision 5 and subdivision 11 of section 1209 of the public authorities 30 law, the opening paragraph of subdivision 4 as added by chapter 430 of 31 the laws of 1983, paragraph (c) of subdivision 5 as added by chapter 383 32 of the laws of 1985 and subdivision 11 as added by chapter 929 of the 33 laws of 1986, are amended to read as follows: 34 Notwithstanding the provisions of subdivision two of this section, a 35 contract for the purchase of omnibuses or components of omnibuses in 36 furtherance or implementation of a capital program plan approved pursu- 37 ant to section [twelve hundred sixty-nine-b] thirteen hundred forty- 38 nine-v of this article may also be awarded by the authority by negoti- 39 ation without competitive bidding provided the following standards and 40 procedures are complied with: 41 (c) Any contract entered into pursuant to this subdivision shall 42 comply with the requirements of subdivision thirteen of section [twelve 43 hundred sixty-six-c] thirteen hundred forty-nine-j of this article. 44 11. The authority shall compile a list of potential sources of 45 supplies, materials or equipment regularly purchased. The authority 46 shall, by resolution, set forth the procedures it has established to 47 identify new sources and to notify such new sources of the opportunity 48 to bid for contracts for the purchase of supplies, materials or equip- 49 ment. Such procedures shall include, but not be limited to: (a) adver- 50 tising in trade journals; (b) cooperation with federal, state and local 51 agencies within its area of operations; (c) publication in the state 52 register quarterly; and (d) procedures established pursuant to subdivi- 53 sion thirteen of section [twelve hundred sixty-six-c] thirteen hundred 54 forty-nine-j of this article. 
 S. 6697 46 1 § 15. Subdivision 3 and paragraphs b and i of subdivision 4 of section 2 1209-a of the public authorities law, as amended by section 2 of part UU 3 of chapter 56 of the laws of 2024, are amended to read as follows: 4 3. Jurisdiction. The bureau shall have, with respect to acts or inci- 5 dents in or on the transit or railroad facilities of the authority or 6 the [metropolitan transportation] big apple transit authority or a 7 subsidiary thereof committed by or involving persons who are sixteen 8 years of age or over, and with respect to violation of toll collection 9 regulations of the [triborough] Triborough bridge and tunnel authority 10 as described in section twenty-nine hundred eighty-five of this chapter, 11 non-exclusive jurisdiction over violations of: (a) the rules which may 12 from time to time be established by the authority under subdivision 13 five-a of section twelve hundred four of this [chapter] title; (b) arti- 14 cle one hundred thirty-nine of the health code of the city of New York, 15 as it may be amended from time to time, relating to public transporta- 16 tion facilities; (c) article four of the noise control code of the city 17 of New York, as it may be amended from time to time, insofar as it 18 pertains to sound reproduction devices; (d) the rules and regulations 19 which may from time to time be established by the [triborough] Tribor- 20 ough bridge and tunnel authority in accordance with the provisions of 21 section twenty-nine hundred eighty-five of this chapter; and (e) rules 22 and regulations which may from time to time be established by the 23 [metropolitan transportation] big apple transit authority or a subsid- 24 iary thereof in accordance with the provisions of section [twelve 25 hundred sixty-six] thirteen hundred forty-nine-h of this [chapter] arti- 26 cle. Matters within the jurisdiction of the bureau except violations of 27 the rules and regulations of the [triborough] Triborough bridge and 28 tunnel authority shall be known for purposes of this section as transit 29 or railroad infractions, as applicable. Nothing herein shall be 30 construed to divest jurisdiction from any court now having jurisdiction 31 over any criminal charge or traffic infraction relating to any act 32 committed in a transit or toll facility, or to impair the ability of a 33 police officer to conduct a lawful search of a person in a transit or 34 railroad facility. The criminal court of the city of New York shall 35 continue to have jurisdiction over any criminal charge or traffic 36 infraction brought for violation of the rules of the authority, the 37 [triborough] Triborough bridge and tunnel authority or the [metropolitan 38 transportation] big apple transit authority or a subsidiary thereof, as 39 well as jurisdiction relating to any act which may constitute a crime or 40 an offense under any law of the state of New York or any municipality or 41 political subdivision thereof and which may also constitute a violation 42 of such rules. The bureau shall have concurrent jurisdiction with the 43 environmental control board and the administrative tribunal of the 44 department of health over the aforesaid provisions of the health code 45 and noise control code of the city of New York. 46 b. To impose civil penalties and to issue warnings for any transit or 47 railroad infraction within its jurisdiction, in accordance with a penal- 48 ty schedule established by the authority or the [metropolitan transpor- 49 tation] big apple transit authority or a subsidiary thereof, as applica- 50 ble, and the conditions set forth in subdivisions eleven and twelve of 51 this section and subdivision four of section twelve hundred sixty-six of 52 this article, except that penalties for violations of the health code of 53 the city of New York shall be in accordance with the penalties estab- 54 lished for such violations by the board of health of the city of New 55 York, and penalties for violations of the noise code of the city of New 56 York shall be in accordance with the penalties established for such 
 S. 6697 47 1 violations by law, and civil penalties for violations of the rules and 2 regulations of the [triborough] Triborough bridge and tunnel authority 3 shall be in accordance with the penalties established for such 4 violations by section twenty-nine hundred eighty-five of this chapter; 5 i. To accept payment of penalties and to remit same to the authority 6 or the [metropolitan transportation] big apple transit authority or a 7 subsidiary thereof, as applicable; and 8 § 16. Section 1213 of the public authorities law, as amended by chap- 9 ter 838 of the laws of 1983, is amended to read as follows: 10 § 1213. Report. Copies of the annual report required to be made and 11 submitted pursuant to section twenty-eight hundred of this chapter also 12 shall be submitted to the mayor, comptroller and [board of estimate] 13 city council. 14 § 17. Section 1219-a of the public authorities law, as amended by 15 section 19 of part O of chapter 61 of the laws of 2000, is amended to 16 read as follows: 17 § 1219-a. Transfer and receipt of surplus funds. 1. Notwithstanding 18 any provision of this title or any other provision of law, general, 19 special or local, the authority may from time to time transfer and pay 20 over to the metropolitan transportation authority, the big apple transit 21 authority or [triborough] the Triborough bridge and tunnel authority all 22 or any part of its surplus funds; and may accept and use any moneys 23 transferred and paid over to it by the metropolitan transportation 24 authority, the big apple transit authority or [triborough] the Tribor- 25 ough bridge and tunnel authority. 26 2. Notwithstanding the provisions of [the preceding] subdivision one 27 of this section: 28 (a) If the city shall have provided in its capital budget for its 29 fiscal year beginning July first, nineteen hundred sixty-eight the 30 amount of one hundred million dollars, or such lesser amount as shall 31 have been requested by the authority for inclusion in such budget, for 32 the payment of the capital cost of projects requested by the authority 33 pursuant to section twelve hundred three of this title, then upon the 34 written request of the mayor made within thirty days after the commence- 35 ment of such fiscal year, [triborough] the Triborough bridge and tunnel 36 authority shall transfer to the authority, by lump sum payment or 37 installments at such time or times and in such amounts as the mayor 38 shall elect, all or such part of the surplus funds of [triborough] the 39 Triborough bridge and tunnel authority on hand as of the last day of its 40 last fiscal year ending prior to such request as the mayor shall speci- 41 fy, which funds shall be applied by the authority solely to the payment 42 of its expenses of operation. If the city shall have provided in its 43 capital budget for any of its next four fiscal years, commencing with 44 the fiscal year beginning July first, nineteen hundred sixty-nine, the 45 amount of one hundred million dollars, or such lesser amount as shall 46 have been requested by the authority for inclusion in such budget, for 47 the payment of the capital cost of projects requested by the authority 48 pursuant to section twelve hundred three of this title, then upon the 49 written request of the mayor made within thirty days after the commence- 50 ment of such fiscal year, [triborough] the Triborough bridge and tunnel 51 authority shall transfer to the authority solely for application to the 52 payment of expenses of operation of the authority the operating surplus 53 of [triborough] the Triborough bridge and tunnel authority for its last 54 fiscal year ending prior to such request, which transfer shall also be 55 by lump sum payment or installments at such time or times and in such 56 amounts as the mayor shall elect. Projects shall be eligible for inclu- 
 S. 6697 48 1 sion in a computation made hereunder only if included in a capital budg- 2 et on the first day of the fiscal year for which it is adopted. A 3 carry-over project shall not be eligible for inclusion unless it was 4 first included in a capital budget by way of an amendment thereto, in 5 which event it shall be eligible for inclusion in a computation made 6 hereunder with respect to the first fiscal year of the city commencing 7 after the adoption of the amendment. 8 (b) Promptly upon the making of the certification of its operating 9 surplus, if any, for its fiscal year ending December thirty-first, nine- 10 teen hundred seventy-two and for each of its subsequent fiscal years, 11 [triborough] the Triborough bridge and tunnel authority, at the direc- 12 tion of [metropolitan transportation] the big apple transit authority, 13 shall transfer such operating surplus (1) to the [metropolitan transpor- 14 tation] big apple transit authority for deposit into one or more funds 15 or accounts to be used as contemplated by section [twelve hundred seven- 16 ty-d] thirteen hundred forty-nine-dd of this article, or (2) to the 17 authority and the [metropolitan transportation] big apple transit 18 authority solely for application to the payment of the expenses of oper- 19 ation. [For purposes of determining the proportional allocation of the 20 operating surplus as between the authority and the metropolitan trans- 21 portation authority, the following formula shall apply: (i) twenty-four 22 million dollars plus fifty percentum of the balance of such operating 23 surplus shall be allocable to the authority, and (ii) the remainder 24 shall be allocable to metropolitan transportation authority on behalf of 25 the commuter railroads operated by it, by its subsidiary corporations or 26 by others under joint arrangements.] 27 (c) The Triborough bridge and tunnel authority is authorized, at the 28 direction of the [metropolitan transportation] big apple transit author- 29 ity, from time to time to make advances from available funds on account 30 of the operating surplus it anticipates will or may be certified and 31 transferred as provided in this subdivision to (1) the [metropolitan 32 transportation] big apple transit authority for deposit into one or more 33 funds or accounts to be used as contemplated by section [twelve hundred 34 seventy-d] thirteen hundred forty-nine-dd of this article, or (2) the 35 authority and the [metropolitan transportation] big apple transit 36 authority solely for application to the payment of the expenses of oper- 37 ation. In the event that advances so made in respect of any fiscal year 38 including the year in which the surpluses are being earned exceed the 39 amounts required to be transferred to the authority and [metropolitan 40 transportation] the big apple transit authority pursuant to the 41 provisions of this subdivision, then the amount of any such excess shall 42 be refunded to [triborough] the Triborough bridge and tunnel authority 43 by the authority or [metropolitan transportation] the big apple transit 44 authority, as the case may be, within thirty days of the making by 45 [triborough] the Triborough bridge and tunnel authority of its certif- 46 ication of operating surplus for such fiscal year. 47 (d) For the purposes of this subdivision, the existence and the amount 48 of surplus funds and operating surplus of [triborough] the Triborough 49 bridge and tunnel authority shall be determined in accordance with the 50 provisions of subdivision twelve of section five hundred fifty-three of 51 this chapter. 52 (e) The Triborough bridge and tunnel authority shall certify to the 53 mayor and to the [chairman] chair of [metropolitan transportation] the 54 big apple transit authority within ninety days after the end of its 55 fiscal year ending December thirty-first, nineteen hundred sixty-seven, 56 and within forty-five days after the end of each of its subsequent 
 S. 6697 49 1 fiscal years, the amount of its operating surplus for that year and, in 2 the case of the fiscal year ending December thirty-first, nineteen 3 hundred sixty-seven, the amount of all of its surplus funds on hand as 4 of the last day of such fiscal year. 5 (f) No transfer of funds shall be made to the authority pursuant to 6 any provision of this section at any time when there shall have been 7 pending and not acted upon by the mayor for ninety days any request of 8 the authority for permission to expend or contract to expend funds for a 9 project included in a capital budget for transit facility purposes. 10 There shall be excluded from such ninety-day period any time during 11 which the mayor is prevented from acting by order of court or by opera- 12 tion of law. 13 [3. Notwithstanding the preceding subdivisions of this section, for 14 purposes of determining the proportional allocation of the operating 15 surplus of the Triborough bridge and tunnel authority between the 16 authority and the metropolitan transportation authority the following 17 formula shall be used: An amount equal to the debt service incurred in 18 such year as a result of the bonds issued to provide facilities pursuant 19 to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of section 20 five hundred fifty-three of this chapter shall be added to the operating 21 surplus of the Triborough bridge and tunnel authority, as certified by 22 that authority. The sum of these figures shall then be allocated to the 23 authority and the commuter railroads operated by metropolitan transpor- 24 tation authority or by its subsidiary corporations, pursuant to the 25 formula contained in paragraph (b) of subdivision two of this section as 26 if this amount were the operating surplus of the Triborough bridge and 27 tunnel authority. The amounts so allocated to the authority and the 28 commuter railroads operated by metropolitan transportation authority or 29 by its subsidiary corporations, shall then be reduced respectively by 30 the proportional amount of the debt service, incurred in such year by 31 the Triborough bridge and tunnel authority pursuant to paragraphs (m), 32 (n), (o), (p) and (r) of subdivision nine of section five hundred 33 fifty-three of this chapter, reasonably attributable to the payments for 34 transit projects undertaken for the authority and its subsidiaries and 35 transportation facility projects undertaken for the commuter railroads 36 operated by the metropolitan transportation authority or by its subsid- 37 iary corporations. The remaining amounts shall constitute the respective 38 allocation of operating surplus for the authority and the commuter rail- 39 roads operated by the metropolitan transportation authority or by its 40 subsidiary corporations.] 41 § 18. This act shall take effect January 1, 2026. 42 PART C 43 Section 1. Section 551 of the public authorities law is amended by 44 adding two new subdivisions 11 and 12 to read as follows: 45 11. The term "big apple transit authority" shall mean the corporation 46 created by title eleven-E of this article. 47 12. The term "city council" shall mean the city council of the city of 48 New York. 49 § 2. Subdivisions 1 and 2 of section 552 of the public authorities 50 law, subdivision 1 as amended by chapter 506 of the laws of 2009 and 51 subdivision 2 as amended by section 1 of part O of chapter 61 of the 52 laws of 2000, are amended to read as follows: 53 1. A board, to be known as "Triborough bridge and tunnel authority" is 54 hereby created. Such board shall be a body corporate and politic consti- 
 S. 6697 50 1 tuting a public benefit corporation. It shall consist of seventeen 2 members, all serving ex officio. Those members shall be the persons who 3 from time to time shall hold the offices of [chairman] chair and members 4 of [metropolitan transportation] the big apple transit authority. The 5 [chairman] chair of such board shall be the [chairman] chair of [metro- 6 politan transportation] the big apple transit authority, serving ex 7 officio, and, provided that there is an executive director of the 8 [metropolitan transportation] big apple transit authority, the executive 9 director of the authority shall be the executive director of the [metro- 10 politan transportation] big apple transit authority, serving ex officio. 11 Notwithstanding any provision of law to the contrary, the [chairman] 12 chair shall be the chief executive officer of the authority and shall be 13 responsible for the discharge of the executive and administrative func- 14 tions and powers of the authority. The [chairman] chair and executive 15 director, if any, each shall be empowered to delegate [his or her] their 16 respective functions and powers to the executive officer of the Tribor- 17 ough bridge and tunnel authority or to such person as may succeed to the 18 powers and duties of said executive officer. The [chairman] chair and 19 other members of the board hereby created, and the executive director, 20 if any, shall not be entitled to compensation for their services here- 21 under but shall be entitled to reimbursement for their actual and neces- 22 sary expenses incurred in the performance of their official duties. 23 2. A majority of the whole number of members of the authority then in 24 office shall constitute a quorum for the transaction of any business or 25 the exercise of any power of the authority. Except as otherwise speci- 26 fied in this title for the transaction of any business or the exercise 27 of any power of the authority, the authority shall have the power to act 28 by a majority vote of the members present at any meeting at which a 29 quorum is in attendance and except further, that in the event of a tie 30 vote the [chairman] chair shall cast one additional vote. For the 31 purposes of the voting and quorum requirements of this subdivision, the 32 voting and quorum requirements set forth in [subdivision three of 33 section twelve hundred sixty-three] subdivision three of section thir- 34 teen hundred forty-nine-c of this chapter and in any by-law of the 35 [metropolitan transportation] big apple transit authority adopted pursu- 36 ant to the provisions of such subdivision shall be applicable hereto. 37 Such board and its corporate existence shall continue only for a period 38 of five years and thereafter until all its liabilities have been met and 39 its bonds, notes and other obligations have been paid in full or such 40 liabilities or bonds, notes or other obligations have otherwise been 41 discharged, including bonds, notes or other obligations issued by the 42 metropolitan transportation authority that are payable in whole or in 43 part by revenues of the authority. When all liabilities incurred by the 44 authority of every kind and character have been met and all its bonds, 45 notes and other obligations have been paid in full, including bonds, 46 notes or other obligations issued by the metropolitan transportation 47 authority that are payable in whole or in part by revenues of the 48 authority, or such liabilities or bonds, notes or other obligations have 49 otherwise been discharged, all rights and properties of the authority 50 shall pass to and be vested in the city, except those rights and proper- 51 ties held by it relating to the convention center which shall pass to 52 and be vested in the state. The authority shall retain full jurisdiction 53 and control over all its projects, with the right and duty, subject to 54 the limitations of subdivision nine of section five hundred fifty-two-a 55 of this title, to charge tolls and collect revenues therefrom, for the 56 benefit of the holders of any of its bonds, notes or other obligations 
 S. 6697 51 1 or other liabilities, even if not issued or incurred in connection with 2 the project. Upon the authority's ceasing to exist all its remaining 3 rights and properties shall pass to the city, except those rights and 4 properties held by it relating to the convention center which shall pass 5 to the state. 6 § 3. Subdivisions 4-a, 4-b and 7-a, paragraphs (k), (o), (p) and (r) 7 of subdivision 9 and subdivisions 12, 13, 14, 17, 20 and 21 of section 8 553 of the public authorities law, subdivision 4-a as added by chapter 9 954 of the laws of 1946, subdivision 4-b as amended by section 2, subdi- 10 vision 12 as amended by section 3, subdivision 17 as amended by section 11 4 and subdivision 21 as added by section 5 of part O of chapter 61 of 12 the laws of 2000, subdivision 7-a as amended by section 7 of subpart B 13 of part ZZZ of chapter 59 of the laws of 2019, paragraph (k) of subdivi- 14 sion 9 as added by chapter 806 of the laws of 1955, paragraphs (o) and 15 (p) of subdivision 9 as added by chapter 369 of the laws of 1979, para- 16 graph (r) of subdivision 9 as added by chapter 314 of the laws of 1981, 17 subdivision 13 as amended by chapter 576 of the laws of 1964, subdivi- 18 sion 14 as amended by chapter 874 of the laws of 1939 and subdivision 20 19 as added by chapter 929 of the laws of 1986, are amended to read as 20 follows: 21 4-a. Whenever any real property is determined by the authority to be 22 unnecessary for its corporate purpose. 23 (a) to surrender such real property to the [board of estimate of the] 24 city council for other public use or purpose of such city, or 25 (b) to sell and convey or lease in behalf of such city any real prop- 26 erty acquired by the city at the expense of the authority. The proceeds 27 of any such sale or lease shall be paid to the authority and applied to 28 its corporate purpose. Any such lease shall run for a term not to exceed 29 ten years, and a renewal thereof for a term not to exceed ten years. 30 4-b. To apply for and receive and accept grants of property, money and 31 services and other assistance offered or made available to it by any 32 person, government or agency whatever, which it may use to meet capital 33 or operating expenses and for any other use within the scope of its 34 powers, and to negotiate for the same upon such terms and conditions as 35 the authority may determine to be necessary, convenient or desirable. 36 Subject to the rights of the holders of any outstanding bonds, notes or 37 other obligations of the authority, the metropolitan transportation 38 authority, the big apple transit authority and the New York city transit 39 authority, and to facilitate the efficient financial management of the 40 authority, the metropolitan transportation authority, the big apple 41 transit authority, its subsidiary corporations, and the New York city 42 transit authority and its subsidiary corporations (the "affiliated enti- 43 ties"), the authority may, and may permit and direct any affiliated 44 entity to, transfer revenues, subsidies and other monies or securities 45 to one or more funds or accounts of another affiliated entity for use by 46 such other affiliated entity, provided at the time of such transfer it 47 is reasonably anticipated that the monies and securities so transferred 48 will be reimbursed, repaid or otherwise provided for by the end of the 49 next succeeding calendar year if reimbursement or repayment is required 50 by law or by any agreement to which any of the affected affiliated enti- 51 ties is subject. Any revenues of an affiliated entity that are trans- 52 ferred to another affiliated entity, which transfer was not authorized 53 by a provision of law other than this subdivision, shall be considered 54 to be required to be repaid to the affiliated entity which was the 55 source of such revenues by the end of the next succeeding calendar year 56 following such transfer. 
 S. 6697 52 1 7-a. Notwithstanding any inconsistent provision of law, the bridge and 2 tunnel officers employed by the authority shall have the power to issue 3 simplified traffic informations for traffic infractions as defined in 4 section one hundred fifty-five of the vehicle and traffic law, committed 5 on the sites owned, operated and maintained by the [triborough] Tribor- 6 ough bridge and tunnel authority, such informations to be administered 7 pursuant to the provisions of chapter two of title [A of chapter forty] 8 nineteen of the administrative code of the city of New York or article 9 two-A of the vehicle and traffic law, as applicable and also shall have 10 the power to issue notices of violation for transit infractions commit- 11 ted in and about any or all of the facilities, equipment or real proper- 12 ty owned, occupied or operated by the [metropolitan transportation] big 13 apple transit authority or its subsidiaries and the New York city trans- 14 it authority and its subsidiaries, as provided and in accordance with 15 section twelve hundred nine-a of this chapter. Nothing set forth in this 16 subdivision shall be construed to impede, infringe or diminish the 17 rights and benefits that accrue to employees and employers through 18 collective bargaining agreements, or impact or change an employee's 19 membership in a bargaining unit. 20 (k) Subject to and in accordance with all contract provisions with 21 respect to any bonds and the rights of the holders of bonds, a vehicular 22 bridge across the East river between the boroughs of the Bronx and 23 Queens, east of the Bronx-Whitestone bridge, together with such inci- 24 dental bridges and other structures, appurtenances, facilities and 25 approaches as shall be necessary or convenient (herein collectively 26 referred to as the "Throgs Neck bridge project"). With the consent of 27 the United States of America, the Throgs Neck bridge project or a 28 portion thereof, if deemed necessary or convenient by the authority, may 29 be constructed upon or pass over any part of the military reservation 30 known as Fort Schuyler and owned by the United States of America. No 31 lands, easements or rights in land shall be acquired by the authority 32 for the purposes of this paragraph without the prior consent of the 33 [board of estimate of the] city council. 34 [(o) Subject to section five hundred fifty-three-c of this title, the 35 acquisition of new diesel self-propelled railroad passenger cars and the 36 transfer of the same to the metropolitan transportation authority, for a 37 nominal consideration, for use on commuter railroads owned or controlled 38 by the metropolitan transportation authority. The authority shall have 39 no obligation to operate, repair, maintain or reconstruct such cars 40 subsequent to their acquisition and transfer, nor shall it be liable to 41 the metropolitan transportation authority by reason of any warranty, 42 express or implied, in respect of such cars. Manufacturers or other 43 warranties furnished to the authority in connection with the purchase of 44 such cars shall be assigned to the metropolitan transportation authority 45 for enforcement. 46 (p) Subject to section five hundred fifty-three-c of this title, the 47 acquisition of land in the name of the authority in the vicinity of Penn 48 Station in the city of New York and/or the improvement of such land for 49 the benefit of the Long Island Rail Road for a lay-up yard and other 50 railroad purposes and the transfer of the said land and any improvements 51 thereon to the metropolitan transportation authority, parent corporation 52 of the said railroad, for a nominal consideration. The authority shall 53 have no obligation to operate, repair, maintain or reconstruct such land 54 or its improvements subsequent to such transfer.] 55 (r) In its discretion and subject to and in accordance with all 56 contract provisions with respect to any bonds and the rights of the 
 S. 6697 53 1 holders of bonds, at the request of the New York city transit authority 2 or the [metropolitan transportation] big apple transit authority, (i) 3 the planning for and the design, acquisition, construction, improvement, 4 reconstruction or rehabilitation, in the name of the authority, of any 5 capital asset, whether in the nature of personal or real property (or 6 any interest therein) which is used or useful for a transit or transpor- 7 tation purpose other than a marine or aviation purpose of the requesting 8 authority or its designated subsidiary (and in the case of such assets 9 then owned, operated by or under lease to the requesting authority or 10 its designated subsidiary, the receipt by the authority of the use, 11 occupancy, control or possession of such assets for the purpose of plan- 12 ning, designing, constructing, improving, reconstructing or rehabilitat- 13 ing the same) and the transfer or transfer back of such asset to the 14 requesting authority, its designated subsidiary or other designee for a 15 nominal consideration upon its acquisition or upon the completion of 16 such improvement, construction, reconstruction or rehabilitation; or, 17 alternatively or in combination with the foregoing, (ii) the making of 18 capital grants to the requesting authority or its designated subsidiary 19 to permit it to undertake and to finance such planning, design, acquisi- 20 tion, improvement, construction, reconstruction or rehabilitation, or, 21 alternatively or in combination with the foregoing, (iii) the financing 22 of all or any part of the costs to the authority or to any other person 23 or entity, public or private, of such planning, design, acquisition, 24 construction, improvement, reconstruction or rehabilitation of any such 25 capital asset through or accompanied by a leasing of the asset by such 26 person or entity to the authority or through or accompanied by a sale by 27 the authority to any such person or entity and leaseback to the authori- 28 ty, in each case for subleasing to the requesting authority, its desig- 29 nated subsidiary or other designee for a nominal rental, except that 30 such leasing or leaseback from such person or entity may be directly to 31 the requesting authority or its designated subsidiary or other designee, 32 for consideration, with the consent and at the expense of the authority. 33 The foregoing authorization shall extend to and include the continuation 34 of projects enumerated in paragraphs (m)[,] and (n)[, (o) and (p)] of 35 this subdivision without regard to any limitations set forth in section 36 five hundred fifty-three-c of this title. The authority shall have no 37 obligation to operate or, except as may otherwise be provided in any 38 lease to which it may be a party as aforesaid, repair or maintain any 39 capital asset after its acquisition, construction, improvement, recon- 40 struction or rehabilitation and subsequent transfer, lease or sublease, 41 nor shall it be liable to the transferee, lessee or sublessee by reason 42 of any warranty, express or implied, in respect thereof. Warranties 43 furnished in connection with such acquisition, improvement, 44 construction, reconstruction or rehabilitation shall be assignable and 45 assigned as directed by the requesting authority and approved by the 46 authority. 47 12. To charge tolls, fees or rentals for the use of the project, 48 subject to and in accordance with such agreement with bondholders as may 49 be made as hereinafter provided. The toll rates charged for the use of 50 either the Triborough or Whitestone bridge project shall, however, never 51 be less than the toll rates charged for the use of the other, and this 52 clause shall be deemed an obligation to the holders of any and all bonds 53 at any time issued secured by the revenues of said projects. Subject to 54 contracts with bondholders, all tolls and other revenues derived from 55 any project shall be applied to the payment of operating, administration 56 and other necessary expenses of the authority properly chargeable to 
 S. 6697 54 1 such project and thereafter to the payment of interest or principal of 2 bonds or for making sinking fund payments for bonds, not otherwise 3 adequately provided for, whether issued in connection with such project 4 or any other project. It is the intention hereof that surplus funds from 5 any project remaining after providing for the payment of all operating, 6 administration and other necessary expenses of the authority and all 7 contract provisions with respect to any bonds, may be used to meet obli- 8 gations incurred for other projects and if not so used or reserved for 9 such use shall, at the discretion of [metropolitan transportation] the 10 big apple transit authority, be transferred to [metropolitan transporta- 11 tion] the big apple transit authority or the New York city transit 12 authority pursuant to section five hundred sixty-nine-c of this title. 13 Subject to contracts with bondholders, the authority may treat one or 14 more projects as a single enterprise in respect of revenues, expenses, 15 the issuance of bonds, maintenance, operation or other purposes; 16 13. To construct and maintain over, under, along or across the project 17 telephone, telegraph, or electric wires and cables, gas mains, water 18 mains and other mechanical equipment not inconsistent with the appropri- 19 ate use of the project, to contract for such construction and to lease 20 the right to construct and/or use the same on such terms and for such 21 considerations as it shall determine, provided, however, that no lease 22 shall be made except with the approval of the [board of estimate of the] 23 city council, or for a period of more than twenty years from the date 24 when it is made; 25 14. To construct and maintain facilities for the public, not incon- 26 sistent with the use of the project, to contract for such construction, 27 and to lease the right to construct and/or use such facilities on such 28 terms and for such considerations as it shall determine, provided, 29 however, that no lease shall be made for a period of more than five 30 years from the date when it is made except with the approval of the 31 [board of estimate of the] city council; 32 17. To do all things necessary or convenient to carry out the powers 33 expressly given in this title and to assist and cooperate with the 34 [metropolitan transportation] big apple transit authority to carry out 35 the powers of the [metropolitan transportation] big apple transit 36 authority in furtherance of the purposes and powers of the authority as 37 provided in this article, including, without limitation, the trans- 38 actions described in sections [twelve hundred sixty-six-c] thirteen 39 hundred forty-nine-j, [twelve hundred sixty-nine] thirteen hundred 40 forty-nine-u, and [twelve hundred seventy-d] thirteen hundred forty- 41 nine-dd of this chapter. 42 20. Prior to the adoption after January first, nineteen hundred eight- 43 y-seven by the authority of a general resolution pursuant to which it is 44 authorized to issue any general or special obligation bonds or notes to 45 finance a project pursuant to the authorization contained in paragraph 46 (r) of subdivision nine of this section, not including any series resol- 47 ution or resolutions, and prior to the adoption of any amendment to a 48 general resolution, whenever adopted, pursuant to which it is authorized 49 to issue any general or special obligation bonds or notes for such 50 purpose, not including a series resolution or resolutions, the authority 51 shall submit a copy of such proposed resolution to the [metropolitan 52 transportation authority capital program review] big apple transit 53 authority's board (hereinafter referred to as the "board"). Within 54 fifteen days of such submission, the board may notify the authority of 55 its unanimous approval of the same by the members entitled to vote ther- 56 eon, or if the resolution is not approved and no individual member of 
 S. 6697 55 1 the board who is entitled to vote on such resolution has notified the 2 authority in writing of [his] such member's disapproval, the resolution 3 shall be deemed to have been approved. Neither the board nor any member 4 thereof shall disapprove a proposed resolution by reason of any covenant 5 requiring the authority to charge and fix tolls, rentals and other 6 charges sufficient to pay its operating expenses and the debt service, 7 including the funding of requisite reserves, on the bonds and notes 8 authorized by such resolution. If the board or any member thereof enti- 9 tled to vote thereon shall disapprove a proposed resolution, the author- 10 ity may, at any time, resubmit a reformulated resolution. Within ten 11 days of the submission of such reformulated resolution the board may 12 notify the authority of its unanimous approval of the same by the 13 members entitled to vote thereon, or, if the reformulated resolution is 14 not approved and no individual member of the board who is entitled to 15 vote thereon has notified the authority in writing of [his] such 16 member's disapproval within such period, the reformulated resolution 17 shall have been deemed to have been approved. Any individual member of 18 the board who votes against a resolution or a reformulated resolution or 19 who notifies the authority of [his] such member's disapproval shall 20 state [his] such member's reasons therefor. The member appointed on the 21 recommendation of the mayor of the city of New York shall participate in 22 the action of the board with respect to any resolution of the authority 23 submitted pursuant to this subdivision. The authority shall not adopt a 24 resolution or any amendment to a resolution disapproved by the board as 25 herein provided. 26 21. To invest any funds, accounts or other monies not required for 27 immediate use or disbursement, at the discretion of the authority, in 28 any of the investments in which the [metropolitan transportation] big 29 apple transit authority is permitted to invest its monies pursuant to 30 subdivision four of section [twelve hundred sixty-five] thirteen hundred 31 forty-nine-e of this chapter. 32 § 4. The opening paragraph of subdivision 1 and subdivision 2 of 33 section 553-c of the public authorities law, as amended by chapter 273 34 of the laws of 1980, are amended to read as follows: 35 The authority shall have the power to finance all or any part of the 36 costs of railroad and rapid transit costs enumerated in paragraphs [m, 37 n, o and p] (m) and (n) of subdivision nine of section five hundred 38 fifty-three of this [article] title through the issuance of its negoti- 39 able bonds, notes or other obligations in the manner provided in section 40 five hundred sixty-one of this [chapter] title subject only to the 41 following limitations: 42 2. Moneys expended pursuant to subdivision one of this section shall 43 be utilized insofar as practical to: (a) purchase at least one hundred 44 twenty-four new subway cars for the New York city transit authority, and 45 (b) rehabilitate at least two hundred eighty existing subway cars for 46 the New York city transit authority[, (c) acquire at least fifteen new 47 diesel self-propelled railroad passenger cars for the metropolitan 48 transportation authority commuter service area and (d) provide a passen- 49 ger car lay-up yard and other facilities for the Long Island Rail Road 50 in Manhattan]. The authority shall either apply for or make reasonable 51 effort to secure federal assistance in support of each of the programs 52 herein authorized and to the extent such federal assistance is forthcom- 53 ing and/or other cost savings are realized with respect to any such 54 program shall have the power to expand the size of that or any of the 55 foregoing programs. 
 S. 6697 56 1 § 5. Section 553-d of the public authorities law, as amended by 2 section 6 of part O of chapter 61 of the laws of 2000, is amended to 3 read as follows: 4 § 553-d. Special Triborough bridge and tunnel authority special obli- 5 gation bonds and notes. In addition to the powers contained elsewhere in 6 this title with respect to the projects authorized by paragraphs (m), 7 (n)[, (o), (p)] and (r) of subdivision nine of section five hundred 8 fifty-three of this title, and subject to the application of the reven- 9 ues and other monies and assets of the authority pursuant to section 10 [twelve hundred seventy-d] thirteen hundred forty-nine-dd of this chap- 11 ter, the authority may issue its bonds and notes to finance such 12 projects payable from and secured by all or any part of the moneys 13 received by the authority from the metropolitan transportation authority 14 special assistance fund established under section twelve hundred seven- 15 ty-a of this chapter, provided however that such bonds and notes may 16 also be payable from and secured by any other moneys, securities and 17 funds designated by the authority as additional security therefor. Debt 18 service on bonds and notes issued by the authority pursuant to this 19 section which is paid or reimbursed from moneys received by the authori- 20 ty from the metropolitan transportation authority special assistance 21 fund shall not be deemed to constitute debt service incurred by the 22 authority for purposes of subdivision three of section twelve hundred 23 nineteen-a of this chapter. Such bonds or notes shall be issued in the 24 manner provided in section five hundred sixty-one of this title. 25 § 6. Subdivisions 1, 7, 8, 9, 10 and 11 of section 553-e of the public 26 authorities law, subdivisions 1, 7, 8 and 9 as added by chapter 314 of 27 the laws of 1981, subdivision 10 as amended by chapter 558 of the laws 28 of 1981 and subdivision 11 as amended by chapter 929 of the laws of 29 1986, are amended to read as follows: 30 1. (a) In its performance of any project authorized by paragraph (m), 31 (n)[, (o), (p)] or (r) of subdivision nine of section five hundred 32 fifty-three of this title, the authority shall not be deemed the agent 33 or instrumentality of any other public benefit or municipal corporation 34 notwithstanding the fact that title to any real or personal property (or 35 any interest therein) which is the subject of or is a part of such 36 project is held by, or upon completion of such project is to be trans- 37 ferred to, any such entity, and the provisions of section five hundred 38 fifty-nine of this title shall not be applicable with respect to any 39 such project. In its performance of any such project for the New York 40 city transit authority, however, the provisions of section twelve 41 hundred nine of this chapter shall apply to the authority as if it were 42 the "authority" referred to therein. 43 (b) Neither the provisions of section one hundred ninety-seven-c of 44 the New York city charter, relating to a uniform land use review proce- 45 dure, nor the provisions of any other local law of the city of New York 46 of like or similar tenor or import shall apply (i) to the acquisition of 47 any real property (or any interest therein) for the purposes of any such 48 project by the city or by the New York city transit authority or any of 49 its subsidiaries; (ii) to the subsequent transfer of any real property 50 (or interest therein) so acquired to the authority or its designee for 51 the purposes of such project or to the transfer to the authority or its 52 designee for such purposes of any real property (or interest therein) 53 then owned by the city or by the New York city transit authority or any 54 such subsidiary; nor (iii) to the transfer to the authority or its 55 designee for such purposes of the right of use, occupancy, control or 56 possession of any real property (or interest therein), whether presently 
 S. 6697 57 1 owned or hereafter acquired by the city or by the New York city transit 2 authority or any such subsidiary; provided in each such case, however, 3 that if at the time of such proposed acquisition or transfer the real 4 property which is the subject of such acquisition or transfer is not 5 then being utilized for a transit or transportation purpose or is not an 6 insubstantial addition to such property contiguous thereto; (a) the 7 authority proposing to acquire or receive such property shall, unless a 8 submission with respect to such property has previously been made and 9 approved as herein provided, submit to the community board for the 10 community district in which such property is located, data with respect 11 to the proposed use of such property and to the design of any facility 12 proposed to be constructed thereon; (b) such community board shall 13 inform the [board of estimate of the] city council of New York, with 14 copies to the city planning commission of the city of New York and the 15 proposing authority, of its views and recommendations with respect ther- 16 eto within forty-five days of such submission, and if the community 17 board shall fail to so inform the [board of estimate] city council with- 18 in such period it shall be deemed to have recommended the proposal; and 19 (c) the [board of estimate] city council shall, within forty-five days 20 of the recommendation of the community board, approve or disapprove such 21 acquisition or transfer, and if the [board of estimate] city council 22 shall fail to act within such period it shall be deemed to have approved 23 the same. 24 7. The [metropolitan transportation] big apple transit authority, the 25 New York city transit authority and the designated subsidiaries of each 26 of them are each hereby authorized (i) to request the authority to 27 undertake any such project; (ii) to acquire in its own name by gift, 28 purchase or condemnation, and, additionally, in the case of the [metro- 29 politan transportation] big apple transit authority, by appropriation 30 pursuant to section [twelve hundred sixty-seven-a] thirteen hundred 31 forty-nine-q of this chapter, any real or personal property (or any 32 interest therein), which is needed or useful for or in connection with 33 such project, the provisions of any lease or other agreement with the 34 city to the contrary notwithstanding, and to surrender the use, occupan- 35 cy, control or possession of or to transfer the same, or of any other 36 such real or personal property (or any interest therein) which it owns, 37 leases, operates or controls, to the authority; (iii) to accept a trans- 38 fer, transfer back, lease or sublease of any such project or part there- 39 of upon its completion; (iv) to undertake any such project itself, or to 40 finance, through loans, leases or otherwise, any other person or entity, 41 public or private, to do so, in each case using funds granted by the 42 authority to pay all or any part of the costs thereof (such undertaking, 43 in the case of the New York city transit authority and its subsidiary, 44 the Manhattan and Bronx surface transit operating authority, being free 45 of any restriction set forth in subparagraph (ii) of paragraph b of 46 subdivision one of section twelve hundred three or in paragraph (c) of 47 subdivision five of section twelve hundred three-a of this chapter); and 48 (v) to make its agents, employees and facilities available to the 49 authority in connection therewith. 50 8. No such project to be constructed upon real property theretofore 51 used for a transit or transportation purpose, or on an insubstantial 52 addition to such property contiguous thereto, which will not change in a 53 material respect the general character of such prior transit or trans- 54 portation use, nor any acts or activities in connection with such 55 project, shall be subject to the provisions of article eight, nineteen, 56 twenty-four or twenty-five of the environmental conservation law, or to 
 S. 6697 58 1 any local law or ordinance adopted pursuant to any such article. Nor 2 shall any project or acts or activities in connection therewith taken by 3 any person or entity, public or private, pursuant to paragraph (m), 4 (n)[, (o), (p),] or (r) of subdivision nine of section five hundred 5 fifty-three of this title be subject to the provisions of article eight 6 of the environmental conservation law if such project, acts or activ- 7 ities to be taken in connection therewith require the preparation of a 8 statement under or pursuant to any federal law or regulation as to the 9 environmental impact thereof. 10 9. In connection with the negotiation, award and implementation of 11 contracts of the authority relating to any project hereafter initiated 12 pursuant to paragraphs (m), (n)[, (o), (p)] and (r) of subdivision nine 13 of section five hundred fifty-three of this title, the provisions of 14 [paragraphs (a), (b), (c) and (d) of subdivision] subdivisions thirteen 15 and fourteen of section [twelve hundred sixty-six-c] thirteen hundred 16 forty-nine-j of this chapter shall apply to the authority as if it were 17 the "authority" referred to therein, and the [officer designated by the 18 metropolitan transportation authority pursuant to paragraph (e) of that 19 subdivision] division of minority and women's business development, 20 established pursuant to article fifteen-A of the executive law, shall 21 perform the duties therein described with respect to such contracts of 22 the authority. 23 10. The financing of any such project through the issuance of bonds or 24 notes of the authority shall be subject to the provisions of section 25 [twelve hundred sixty-nine-b] thirteen hundred forty-nine-v of this 26 chapter. 27 11. The aggregate principal amount of bonds and notes issued and 28 outstanding at any time to finance projects authorized by paragraphs 29 (m), (n)[, (o), (p)] and (r) of subdivision nine of section five hundred 30 fifty-three of this title shall not exceed one billion one hundred 31 million dollars through December thirty-first, nineteen hundred eighty- 32 six and three billion two hundred million dollars thereafter, provided 33 however that such latter amount shall not exceed two billion two hundred 34 million dollars for all bonds and notes other than those issued pursuant 35 to section five hundred fifty-three-d of this title. This limitation 36 shall not include (i) bonds and notes issued to refund or otherwise 37 repay bonds or notes theretofore issued for such purposes, (ii) bonds 38 issued to fund any reasonably required debt service reserve fund for 39 bonds and notes, and (iii) an amount equal to any original issue 40 discount from the [prinicipal] principal amount of any bonds or notes 41 issued and then outstanding. From the proceeds of the bonds and notes 42 provided for in the first sentence of this subdivision, other than bonds 43 or notes authorized by section five hundred fifty-three-d of this title, 44 the authority shall not expend more than one billion three hundred twen- 45 ty million dollars for transit projects as defined in section [twelve 46 hundred sixty-six-c] thirteen hundred forty-nine-j of this chapter nor 47 more than eight hundred eighty million dollars for transportation facil- 48 ities as such term is defined in subdivision [fourteen] nineteen of 49 section [twelve hundred sixty-one] thirteen hundred forty-nine-b of this 50 chapter other than marine or aviation facilities. For the purposes of 51 this subdivision, facilities under the jurisdiction of the Staten Island 52 rapid transit operating authority shall be considered transit projects. 53 § 7. Intentionally omitted. 54 § 8. Subdivision 2 of section 553-j of the public authorities law, as 55 added by section 5 of subpart A of part ZZZ of chapter 59 of the laws of 56 2019, is amended to read as follows: 
 S. 6697 59 1 2. Monies in the fund shall be applied, subject to agreements with 2 bondholders and applicable federal law, to the payment of operating, 3 administration, and other necessary expenses of the authority, or to the 4 city of New York subject to the memorandum of understanding executed 5 pursuant to subdivision two-a of section seventeen hundred four of the 6 vehicle and traffic law properly allocable to such program, including 7 the planning, designing, constructing, installing or maintaining of the 8 central business district tolling program, including, without limita- 9 tion, the central business district tolling infrastructure, the central 10 business district tolling collection system and the central business 11 district tolling customer service center, and the costs of any [metro- 12 politan transportation] big apple transit authority capital projects 13 included within the 2020 to 2024 [MTA] big apple transit authority capi- 14 tal program or any successor programs. Monies in the fund may be: (a) 15 pledged by the authority to secure and be applied to the payment of the 16 bonds, notes or other obligations of the authority to finance the costs 17 of the central business district tolling program, including, without 18 limitation, the central business district tolling infrastructure, the 19 central business district tolling collection system and the central 20 business district tolling customer service center, and the costs of any 21 [metropolitan transportation] big apple transit authority capital 22 projects included within the 2020 to 2024 [