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S3656Senate2019-2020 Session

Add Riders to Transit Boards

Official title

“Requires the appointment of a transit dependent and para-transit dependent representative on various transportation authorities”

Sponsor Timothy M. KennedySD-63+1 co-sponsorAffects Economy
Status
In Senate Committee
Rules
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill requires regional transportation authorities in New York to include representatives of transit-dependent and para-transit dependent communities on their boards.

Why it matters

  1. Ensures direct input from those most reliant on public transit. by mandating board seats for representatives of "transit dependent" (e.g., low-income, elderly, youth, carless) and "para-transit dependent" (people with disabilities) communities, the bill aims to bring the lived experiences and needs of these riders into high-level decision-making.

  2. Broadens the definition and recognition of transit dependency. the bill explicitly defines who is considered "transit dependent" and "para-transit dependent," which could shape future policies, funding priorities, and system design to better serve these populations.

  3. Shifts appointment power and process. requiring the governor to select these representatives from lists provided by transit advocacy organizations increases the role of community groups and stakeholders, potentially making authority boards more responsive and accountable to the people they directly serve.

  4. May influence transit policy, accessibility, and equity. with guaranteed board representation, issues like service frequency, fare structures, accessibility features, and paratransit operations are more likely to be prioritized, potentially leading to more equitable and effective transit systems in the affected regions.

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Who cares

Headline styles

Add Riders to Transit Boards

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Timothy M. Kennedy

Senator · Senate District 63

Chair, Transportation

1 Co-sponsor

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.565
  5. Referred to transportation
  6. Returned to senate
  7. Died in assembly
  8. Referred to corporations, authorities and commissions
  9. Delivered to assembly
  10. Passed senateVote 61–0
  11. Advanced to third reading
  12. 2nd report cal.
Show 2 earlier actions
  1. 1st report cal.236
  2. Referred to transportation

Full text

7 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3656

2019-2020 Regular Sessions

IN SENATE

February 11, 2019

Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation

AN ACT to amend the public authorities law, in relation to various transportation authorities

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 1299-a of the public authorities law is amended by adding two new subdivisions 18 and 19 to read as follows:

18. "Transit dependent" shall mean an individual who is limited to public transit as their primary mode of transportation because the individual, (a) has no means of private transportation; (b) is elderly (over age 65); (c) is a youth (under age 18); or (d) lives below the poverty or median income levels as defined by the U.S. Census Bureau.

19. "Para-transit dependent" shall mean an individual who is limited to public transit as their primary mode of transportation and who has either a permanent or temporary disability.

§ 2. Subdivision 1 of section 1299-c of the public authorities law, as amended by chapter 220 of the laws of 2012, paragraph (b) as amended by chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter 176 of the laws of 2012, is amended to read as follows:

1. (a) There is hereby created the "Niagara Frontier transportation authority." The authority shall be a body corporate and politic constituting a public benefit corporation. The authority shall consist of a chairman, [ten] not more than twelve other members and shall have two non-voting members as described in paragraphs (b) and (c) of this subdivision appointed by the governor by and with the advice and consent of the senate. The chairman and all members shall be residents of the district. Of the [ten] members other than the chairman, one shall be appointed upon the written recommendation of the Erie county executive [and], one shall be appointed upon the written recommendation of the Erie county legislature, at least one shall be appointed as a represen-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03819-02-9

S. 3656 2

tative of the transit dependent community and at least one shall be appointed as a representative of the para-transit dependent community, as described in paragraph (d) of this subdivision. The chairman and each of the members shall be appointed for a term of eight years, provided however, that the chairman first appointed shall serve for a term ending June thirtieth, nineteen hundred seventy-three, and of the eight other members first appointed, one shall serve for a term ending June thirtieth, nineteen hundred sixty-eight, two shall serve for a term ending June thirtieth, nineteen hundred sixty-nine, one shall serve for a term ending June thirtieth, nineteen hundred seventy, two shall serve for a term ending June thirtieth, nineteen hundred seventy-one, one shall serve for a term ending June thirtieth, nineteen hundred seventytwo and one shall serve for a term ending June thirtieth, nineteen hundred seventy-three. The term of one of the members appointed to memberships first created by law after April first, nineteen hundred sixty-nine shall end on June thirtieth, nineteen hundred seventy-four, and the term of the other such member shall end on June thirtieth, nineteen hundred seventy-five. Following the expiration of any term ending on or after June thirtieth, nineteen hundred eighty-seven, each member shall be appointed for a term of five years beginning on the day after the expiration date of such prior term; provided, however, that the term of the member first appointed upon the written recommendation of the Erie county executive and the term of the member first appointed upon the written recommendation of the Erie county legislature shall be for a term ending on June thirtieth, nineteen hundred ninety-six.

(b) The first non-voting member of the authority who shall not be considered in determining a quorum, shall be recommended to the governor by the labor organization representing the plurality of the employees within the authority and shall be a resident of the Niagara Frontier transportation district as described in section twelve hundred ninetynine-b of this title. Such first non-voting member shall be appointed for a term of five years, provided, however, that if at any time during the term of appointment such non-voting member ceases to be affiliated with the labor organization representing the plurality of employees within the authority, then such labor organization may at any time during such term recommend a new member to the governor who shall serve the remainder of the term. If the local bargaining unit decertifies its existing union affiliation and certifies a new union, the union which represents the plurality of the employees may recommend a new member to the governor who shall serve the remainder of the term. The chairman of the authority, at his or her discretion, may exclude such non-voting member from attending any portion of a meeting of the authority or of any committee held for the purpose of discussing negotiations with labor organizations, pending litigation involving the labor organization, or the investigation, evaluation, or discipline of an employee.

(c) There shall also be a second non-voting member of the authority, who shall not be considered in determining a quorum. The second non-voting member shall be appointed by the governor as a representative of the transit dependent community and/or people with disabilities. The second non-voting member shall be appointed for a term of five years.

(d) There shall be at least two members of the authority appointed by the governor as representatives of the transit dependent and para-transit dependent community. The governor shall make initial appointments to the authority in such number and from lists submitted as follows: at least two members shall be appointed to the authority from a list of not less than four names, submitted to the governor by local and statewide

S. 3656 3

transit advocacy organizations. The members shall be residents of a county described in paragraph (a) of this subdivision. The members shall be appointed for a term of five years. If a vacancy shall occur for these member positions, a replacement shall be appointed within six months, subject to the same appointment process within this paragraph.

§ 3. Section 1299-bb of the public authorities law is amended by adding two new subdivisions 25 and 26 to read as follows:

25. "Transit dependent" shall mean an individual who is limited to public transit as their primary mode of transportation because the individual, (a) has no means of private transportation; (b) is elderly (over age 65); (c) is a youth (under age 18); or (d) lives below the poverty or median income levels as defined by the U.S. Census Bureau.

26. "Para-transit dependent" shall mean an individual who is limited to public transit as their primary mode of transportation and who has either a permanent or temporary disability.

§ 4. Subdivision 1 of section 1299-dd of the public authorities law, as amended by chapter 388 of the laws of 2007, is amended to read as follows:

1. (a) There is hereby created the Rochester-Genesee regional transportation authority. The authority shall be a body corporate and politic constituting a public benefit corporation. It shall consist of at least one member from each county that elects to join the authority except that the county of Monroe shall have seven members of whom three shall be appointed from the city of Rochester and four at large from the county of Monroe and shall have one non-voting member as described in paragraph (b) of this subdivision, at least one shall be appointed as a representative of the transit dependent community and at least one shall be appointed as a representative of the para-transit dependent community, as described in paragraph (c) of this subdivision. The members shall be appointed by the governor by and with the advice and consent of the senate. The governor shall make initial appointments to the authority in such number and from lists submitted as follows: three members shall be appointed to the authority from a list of not less than six names, all of whom must be residents of the city of Rochester, submitted to the governor by the council of the city of Rochester; four persons from a list of not less than eight persons, all of whom must be residents of the county of Monroe submitted by the legislature of the county of Monroe. Other counties electing to participate shall each submit to the governor a list of not less than two persons for each one hundred thousand or major fraction of the total population, as determined by the last federal decennial or federal county-wide special census. From the counties outside the county of Monroe which shall elect to participate, the governor shall appoint one member for each one hundred thousand or major fraction of the total population, as determined by the last federal decennial or federal county-wide special census, with a minimum of one member to represent each county outside the county of Monroe so electing to participate. All members of the authority shall be residents of the area from which they are nominated.

(b) There shall also be one non-voting member of the authority, which shall not be considered in determining a quorum. The non-voting member shall be recommended to the governor by the labor organization representing the plurality of the employees within the authority and shall be a resident of the Rochester-Genesee regional transportation district as described in section twelve hundred ninety-nine-cc of this title. The non-voting member shall be appointed for a term of five years, provided, however, that if at any time during the term of appointment the non-vot-

S. 3656 4

ing member ceases to be affiliated with the labor organization representing the plurality of employees within the authority, then such labor organization may at any time during such term recommend a new member to the governor who shall serve the remainder of the term. If the local bargaining unit decertifies its existing union affiliation and certifies a new union, the union which represents the plurality of the employees may recommend a new member to the governor who shall serve the remainder of the term. The chairman of the authority, at his or her discretion, may exclude such non-voting member from attending any portion of a meeting of the authority or of any committee held for the purpose of discussing negotiations with labor organizations, pending litigation involving the labor organization, or the investigation, evaluation, or discipline of an employee.

(c) There shall be at least two members of the authority appointed by the governor as representatives of the transit dependent and para-transit dependent community. The governor shall make initial appointments to the authority in such number and from lists submitted as follows: at least two members shall be appointed to the authority from a list of not less than four names, submitted to the governor by local and statewide transit advocacy organizations. The members shall be residents of a county described in paragraph (a) of this subdivision. The members shall be appointed for a term of five years. If a vacancy shall occur for these member positions, a replacement shall be appointed within six months, subject to the same appointment process within this paragraph.

§ 5. Section 1301 of the public authorities law is amended by adding two new subdivisions 26 and 27 to read as follows:

26. "Transit dependent" shall mean an individual who is limited to public transit as their primary mode of transportation because the individual, (a) has no means of private transportation; (b) is elderly (over age 65); (c) is a youth (under age 18); or (d) lives below the poverty or median income levels as defined by the U.S. Census Bureau.

27. "Para-transit dependent" shall mean an individual who is limited to public transit as their primary mode of transportation and who has either a permanent or temporary disability.

§ 6. Subdivision 1 of section 1303 of the public authorities law, as amended by chapter 388 of the laws of 2007, is amended to read as follows:

1. (a) There is hereby created the Capital District transportation authority. The authority shall be a body corporate and politic constituting a public benefit corporation. It shall consist of not less than eight nor more than fifteen members, including a chairman and shall have one non-voting member as described in paragraph (b) of this subdivision, at least one shall be appointed as a representative of the transit dependent community and at least one shall be appointed as a representative of the para-transit dependent community, as described in paragraph (c) of this subdivision. The members shall be appointed by the governor by and with the advice and consent of the senate. The governor shall make initial appointments to the authority in such number and from lists submitted as follows: three members shall be appointed to the authority from a list of six names, all of whom shall be residents of the county of Albany, four of which names shall be submitted to the governor by the majority party of the legislature of the county of Albany and two of which names shall be submitted by the minority party of such legislature; two members shall be appointed to the authority from a list of four names, all of whom shall be residents of the county of Schenectady, three of which names shall be submitted to the governor by

S. 3656 5

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the public authorities law, in relation to various transportation authorities

Purpose or general idea of bill

Requires the appointment of a transit dependent and a para-transit dependent representative on various transportation authorities.

Summary of specific provisions

Section 1 - Section 1299-a of the public authorities law is amended by adding two new subdivisions 18 and 19, which define the terms 'transit dependent' and 'para-transit dependent'.

Read the full memo (710 words)

Section 2 - Subdivision 1 of Section 1299-c of the public authorities law, as amended by chapter 220 of the laws of 2012, paragraph (b) as amended by chapter 197 of the laws of 2017, and paragraph (c) as amended by chapter 176 of the laws of 2012, is amended to require that the Niagara Frontier Transportation Authority add two additional voting members to the Board, one transit dependent and one para-transit depend- ent, appointed by the Governor and to serve 5 year terms.

Section 3 - Section 1299-bb of the public authorities law is amended by adding two new subdivisions 25 and 26, which define the terms 'transit dependent' and 'para-transit dependent'.

Section 4 - Subdivision 1 of Section 1299-dd of the public authorities law, as amended by chapter 388 of the laws of 2007, is amended so that the Rochester-Genesee Regional Transportation Authority requires as members at least one transit dependent person and one para-transit dependent person, appointed by the Governor and to serve 5 year terms.

Section 5 - Section 1301 of the public authorities law is amended by adding two new subdivisions 26 and 27, which define the terms 'transit dependent' and 'para-transit dependent'.

Section 6 - Subdivision 1 of Section 1303 of the public authorities law, as amended by chapter 388 of the laws of 2007, is amended so that the Capital District Transportation Authority requires as members at least one transit dependent person and one para-transit dependent person, appointed by the Governor and to serve 5 year terms.

Section 7 - Section 1326 of the public authorities law is amended by adding two new subdivisions 26 and 27, which define the terms 'transit dependent' and 'para-transit dependent'.

Section 8 - Subdivision 1 of Section 1328 of the public authorities law, as separately amended by chapters 388 and 396 of the laws of 2007, is amended so that the Central New York Regional Transportation Authority requires as members at least one transit dependent person and one para- transit dependent person, appointed by the Governor and to serve 5 year terms.

Justification

Transit dependent and Para-transit dependent communities throughout upstate New York have recently witnessed a reduction in routes serviced and an increase in fees, given the tight fiscal climate and overall economic stresses of the past several years. Key decisions regarding re-routing, termination of certain bus and train lines, and rate increases have been made and it is important that when contemplating these issues, regional transportation authority's hear the voices of those most directly affected.

This legislation requires that the Niagara Frontier Transportation Authority, the Rochester-Genesee Transportation Authority, the Capital District Transportation Authority, and the Central New York Regional Transportation Authority consist of at least two voting members, one of whom is from the transit dependent community and one of whom is from the para-transit dependent community. These individuals will serve 5 year terms and be appointed by the Governor. Local and statewide transit advocacy organizations will submit to the Governor at least 4 names, from which two qualified individuals will be selected.

Public transit systems are very important to a wide variety of communi- ties across the state, who rely upon them for access to services, healthcare, and employment, affordable means of transportation, and the efficient movement of people throughout regions. These communities often consist of low to moderate income individuals, senior citizens, disabled persons, or youths. Their needs are unique to each region, and including them in the decision-making process would inform each regional transpor- tation authority of the specific needs and challenges faced by a region.

Prior legislative history

2013-14 S.487 REFERRED TO TRANSPORTATION 2015-16: S.1500 REFERRED TO TRANSPORTATION 2017-18: S.5106A Referred to Transportation

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.