BILL NUMBER: S4204
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend chapter 154 of the laws of 1921 relating to the port
authority of New York and New Jersey, in relation to port authority
organization, appearance and notice
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend. the "Port Authority of New York and New Jersey
Transparency and Accountability Act of 2015."
 
SUMMARY OF PROVISIONS:
Section one would amend Article 4 of chapter 154 (L. 1921), as previous-
ly amended by the Port Authority of New York and New Jersey Transparency
and Accountability Act of 2015, by:
*Adding four new non-voting commissioner positions to the Board, two of
whom must be mass transit users recommended by rider advocacy groups and
two of whom are to be recommended by labor organizations;
*Requiring Commissioners to have practical experience in specified areas
related to Port Authority operations, such as in business management,
labor relations, and engineering.
*Adding an email address and text messaging to the whistleblower access
assistance program; and
*Clarifying that any interview conducted by the inspector general with
an employee must be conducted in accordance with the current, or most
recent, if expired, collective negotiations agreement.
*Requiring the Port Authority to appear before the State Legislatures of
New York and New Jersey to present testimony at least twice per year
Section two would amend Article 7-B of chapter 154 (L. 1921), As previ-
ously amended by the Port Authority of New York and New Jersey Transpar-
ency and Accountability Act of 2015, to: (1) require the needs assess-
ment to be publicly available on the port authority's website; (2)
require the Port Authority to appear before the legislatures of either
New York or New Jersey upon such legislature's request; and (3) to noti-
fy the legislatures of both states 60 days prior to whenever a subsid-
iary corporation of the Port Authority issues debt.
Section three would amend Article 7-D of chapter 154 (L. 1921), as
previously amended by the Port Authority of New York and New Jersey
Transparency and Accountability Act of 2015, to require the Port Author-
ity to:
*Retain an independent engineering consultant subject to competitive
bidding to monitor their major capital projects; notify the legislatures
of both states of its intention to either adopt or revise a capital plan
and make such plan publicly available;
*Conduct status update public hearings yearly on the implementation of
their latest capital plans at times convenient to the public, and
publish specific pieces of data related to implementation of this plan
on its website.
*Establish a Port Authority Transportation Advisory Committee, made up
of the heads of various transportation and governmental entities that
shall serve as a vehicle for each committee member to share information
about that member's agency and the agency's upcoming plans and objec-
tives.
*Implement minority and women-owned business enterprise programs and
prepare an annual report to measure progress compared to goals and
includes specific pieces of data required.
Section four contains a severability clause.
Section five provides that the act shall take effect upon the enactment
by the state of New Jersey of legislation having an identical effect
with this bill.
 
JUSTIFICATION:
Established almost a century ago, the Port Authority as created to over-
see the harbor interests shared. by New Jersey and New York. Over the
decades, the Port Authority has expanded to manage new opportunities and
face new challenges, and currently operates a wide array of transporta-
tion programs under a multi-billion dollar yearly budget.
In August 2011, Governors Cuomo and Christie required the Port Authority
to undergo a comprehensive audit of its finances and operations. As a
result of those audit findings, the Port Authority has taken numerous
steps towards reform and positive change. In 2014, Governors Cuomo and
Christie created the bi-state Special Panel on the Future of the Port
Authority ("Special Panel") to further review the role and functionality
of the Port Authority.
In 2015, New York passed a law that codified reforms to the Port Author-
ity to ensure that its functions are open and transparent. However, any
legislative changes to the Port Authority require New Jersey to pass
legislation with an identical effect, which New Jersey has not yet done.
New York and New Jersey have negotiated a Port Authority reform which
would implement the New York reforms of 2015. This bill makes several
changes to the 2015 bill. New York passed in order to have identical
legislation with New Jersey.
 
PRIOR LEGISLATIVE HISTORY:
S2901A 2024: Passed Both Houses, Vetoed Memo. 96
S2901 2023: Passed Assembly, Died in Senate
S7040A 2021-2022: passed assembly, died in Senate
A.9838-b of 2020, reported to ways and means.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect with this act, but
if the state of New Jersey shall have already enacted such legislation
this act shall take effect immediately. The chair or vice-chair of the
port authority as recommended. by the governor of the state of New York
shall notify the legislative bill drafting commission upon the occur-
rence of the enactment of the legislation provided for in sections one,
two, three and four of this act in order that the commission may main-
tain an accurate and timely effective data base of the official text of
the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and. section 70-b of the
public officers law.