§ 1266 — Special powers of the authority

New York § 1266

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 11: Metropolitan Commuter Transportation Authority
• Art. 5: Public Utility Authorities

Text

§ 1266. Special powers of the authority. In order to effectuate the\npurposes of this title:\n 1. The authority may acquire, by purchase, gift, grant, transfer,\ncontract or lease, any transportation facility other than a transit\nfacility or, subject to subdivision two of this section or any\ntransportation facility constituting a transit facility, wholly or\npartially within the metropolitan commuter transportation district, or\nany part thereof, or the use thereof, and may enter into any joint\nservice arrangements as hereinafter provided. Any such acquisition or\njoint service arrangement shall be authorized only by resolution of the\nauthority approved by not less than a majority vote of the whole number\nof members of the authority then in office, except that in the event of\na tie vote the chairman shall cast one additional vote.\n 2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself plan, design,\nacquire, establish, construct, effectuate, operate, maintain, renovate,\nimprove, extend, rehabilitate or repair (a) any transportation facility\nother than a transit project, or (b) upon the request of the New York\ncity transit authority, and upon such terms and conditions as shall be\nagreed to by the authority or any transportation facility constituting a\ntransit facility (a "transportation assistance project"), or may provide\nfor such planning, design, acquisition, establishment, construction,\neffectuation, operation, maintenance, renovation, improvement,\nextension, rehabilitation or repair by contract, lease or other\narrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including but not limited to\nany common carrier or freight forwarder, the state, any state agency,\nthe federal government, any other state or agency or instrumentality\nthereof, any public authority of this or any other state, the port of\nNew York authority or any political subdivision or municipality of the\nstate. In connection with the operation of any transportation facility,\nthe authority may plan, design, acquire, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair or\nmay provide by contract, lease or other arrangement for the planning,\ndesign, acquisition, establishment, construction, effectuation,\noperation, maintenance, renovation, improvement, extension or repair of\nany related services and activities it deems necessary, convenient or\ndesirable, including but not limited to the transportation and storage\nof freight and the United States mail, feeder and connecting\ntransportation, parking areas, transportation centers, stations and\nrelated facilities. Upon the completion of any such transportation\nassistance project or any part thereof or the termination of any\ncontract, lease or other arrangement relating to such transportation\nassistance project, the authority shall cause the same to be\ntransferred, leased or subleased to the New York city transit authority\nor its designated subsidiary, as appropriate, with or without\nconsideration.\n 3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\ntransportation facility and related services operated by the authority\nor by a subsidiary corporation of the authority or under contract, lease\nor other arrangement, including joint service arrangements, with the\nauthority. Any such fares, tolls, rentals, rates, charges or other fees\nfor the transportation of passengers shall be established and changed\nonly if approved by resolution of the authority adopted by not less than\na majority vote of the whole number of members of the authority then in\noffice, with the chairman having one additional vote in the event of a\ntie vote, and only after a public hearing, provided however, that fares,\ntolls, rentals, rates, charges or other fees for the transportation of\npassengers on any transportation facility which are in effect at the\ntime that the then owner of such transportation facility becomes a\nsubsidiary corporation of the authority or at the time that operation of\nsuch transportation facility is commenced by the authority or is\ncommenced under contract, lease or other arrangement, including joint\nservice arrangements, with the authority may be continued in effect\nwithout such a hearing. Such fares, tolls, rentals, rates, charges and\nother fees shall be established as may in the judgment of the authority\nbe necessary to maintain the combined operations of the authority and\nits subsidiary corporations on a self-sustaining basis. The said\noperations shall be deemed to be on a self-sustaining basis as required\nby this title, when the authority is able to pay or cause to be paid\nfrom revenue and any other funds or property actually available to the\nauthority and its subsidiary corporations (a) as the same shall become\ndue, the principal of and interest on the bonds and notes and other\nobligations of the authority and of such subsidiary corporations,\ntogether with the maintenance of proper reserves therefor, (b) the cost\nand expense of keeping the properties and assets of the authority and\nits subsidiary corporations in good condition and repair, and (c) the\ncapital and operating expenses of the authority and its subsidiary\ncorporations. The authority may contract with the holders of bonds and\nnotes with respect to the exercise of the powers authorized by this\nsection. No acts or activities taken or proposed to be taken by the\nauthority or any subsidiary of the authority pursuant to the provisions\nof this subdivision shall be deemed to be "actions" for the purposes or\nwithin the meaning of article eight of the environmental conservation\nlaw.\n 3-a. In furtherance of the authority's mandate to develop and\nimplement a unified mass transportation policy for the metropolitan\ncommuter transportation district and the exercise of its powers,\nincluding the power to issue notes, bonds and other obligations secured\nin whole or in part by the revenues of the authority and its\nsubsidiaries, and New York city transit authority and its subsidiaries,\nthe authority shall join with the New York city transit authority and\nits subsidiaries in connection with any change in the establishment,\nlevy and collection of fares, tolls, rentals, rates, charges and other\nfees for the transportation of passengers on any transportation\nfacilities operated by New York city transit authority and its\nsubsidiaries. Such fares, tolls, rentals, charges and other fees on\ntransit facilities shall be established in accordance with the\nrequirements of sections twelve hundred five and twelve hundred seven-i\nof this article.\n 4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any transportation facility and\nrelated services operated by the authority or under contract, lease or\nother arrangement, including joint service arrangements, with the\nauthority. Such rules and regulations governing the conduct and safety\nof the public shall be filed with the department of state in the manner\nprovided by section one hundred two of the executive law. In the case of\nany conflict between any such rule or regulation of the authority\ngoverning the conduct or the safety of the public and any local law,\nordinance, rule or regulation, such rule or regulation of the authority\nshall prevail. Violation of any such rule or regulation of the authority\nor any of its subsidiaries governing the conduct or the safety of the\npublic in or upon any facility of the authority or any of its\nsubsidiaries shall constitute an offense and shall be punishable by a\nfine not exceeding fifty dollars or imprisonment for not more than\nthirty days or both or may be punishable by the imposition of a civil\npenalty by the transit adjudication bureau established pursuant to the\nprovisions of title nine of this article, except that civil penalties\nrelating to the payment of fares may be punishable by the imposition of\na civil penalty not to exceed one hundred fifty dollars, provided that\ncivil penalties relating to the payment of fares to the MTA bus company\nand the Metro-North railroad and Long Island rail road shall be in\naccordance with the conditions set forth in subdivisions eleven and\ntwelve of section twelve hundred nine-a of this article, as applicable.\n 5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\ntransportation facilities through, and cause any one or more of its\npowers, duties, functions or activities to be exercised or performed by,\none or more wholly owned subsidiary corporations of the authority, or by\nNew York city transit authority or any of its subsidiary corporations in\nthe case of transit facilities and may transfer to or from any such\ncorporations any moneys, real property or other property for any of the\npurposes of this title upon such terms and conditions as shall be agreed\nto and subject to such payment or repayment obligations as are required\nby law or by any agreement to which any of the affected entities is\nsubject. The directors or members of each such subsidiary corporation of\nthe authority corporation shall be the same persons holding the offices\nof members of the authority. The chairman of the board of each such\nsubsidiary shall be the chairman of the authority, serving ex officio\nand, provided that there is an executive director of the metropolitan\ntransportation authority, the executive director of such subsidiary\nshall be the executive director of the metropolitan transportation\nauthority, serving ex officio. Notwithstanding any provision of law to\nthe contrary, the chairman shall be the chief executive officer of each\nsuch subsidiary and shall be responsible for the discharge of the\nexecutive and administrative functions and powers of each such\nsubsidiary. The chairman and executive director, if any, shall be\nempowered to delegate his or her functions and powers to one or more\nofficers or employees of each such subsidiary designated by him or her.\nEach such subsidiary corporation of the authority and any of its\nproperty, functions and activities shall have all of the privileges,\nimmunities, tax exemptions and other exemptions of the authority and of\nthe authority's property, functions and activities. Each such subsidiary\ncorporation shall be subject to the restrictions and limitations to\nwhich the authority may be subject. Each such subsidiary corporation of\nthe authority shall be subject to suit in accordance with section twelve\nhundred seventy-six of this title. The employees of any such subsidiary\ncorporation, except those who are also employees of the authority, shall\nnot be deemed employees of the authority.\n If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\ntitle which the authority shall determine to include in its certificate\nof incorporation except the power to contract indebtedness.\n Whenever any state, political subdivision, municipality, commission,\nagency, officer, department, board, division or person is authorized and\nempowered for any of the purposes of this title to co-operate and enter\ninto agreements with the authority such state, political subdivision,\nmunicipality, commission, agency, officer, department, board, division\nor person shall have the same authorization and power for any of such\npurposes to co-operate and enter into agreements with a subsidiary\ncorporation of the authority.\n 6. Each of the authority and its subsidiaries, and the New York city\ntransit authority and its subsidiaries, in its own name or in the name\nof the state, may apply for and receive and accept grants of property,\nmoney and services and other assistance offered or made available to it\nby any person, government or agency, which it may use to meet capital or\noperating expenses and for any other use within the scope of its powers,\nand to negotiate for the same upon such terms and conditions as the\nrespective authority may determine to be necessary, convenient or\ndesirable.\n 6-a. Subject to the rights of the holders of any outstanding bonds,\nnotes or other obligations of the authority, New York city transit\nauthority and Triborough bridge and tunnel authority, and to facilitate\nthe efficient financial management of the authority, its subsidiary\ncorporations, New York city transit authority and its subsidiary\ncorporations, and Triborough bridge and tunnel authority (the\n"affiliated entities"), the authority may, and may permit and direct any\naffiliated entity to, transfer revenues, subsidies and other monies or\nsecurities to one or more funds or accounts of another affiliated entity\nfor use by such other affiliated entity, provided at the time of such\ntransfer it is reasonably anticipated that the monies and securities so\ntransferred will be reimbursed, repaid or otherwise provided for by the\nend of the next succeeding calendar year if reimbursement or repayment\nis required by law or by any agreement to which any of the affected\naffiliated entities is subject. Any revenues of an affiliated entity\nthat are transferred to another affiliated entity, which transfer was\nnot authorized by a provision of law other than this subdivision, shall\nbe considered to be required to be repaid to the affiliated entity which\nwas the source of such revenues by the end of the next succeeding\ncalendar year following such transfer.\n 7. The authority may lease railroad cars for use in its passenger\nservice pursuant to the provisions of chapter six hundred thirty-eight\nof the laws of nineteen hundred fifty-nine.\n 8. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\ntransportation facilities, equipment or real property operated by or\nunder contract, lease or other arrangement with the authority and its\nsubsidiaries, and New York city transit authority and its subsidiaries.\nExcept as hereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority and its subsidiaries, and New York city transit\nauthority and its subsidiaries, or any of their activities or\noperations. The local laws, resolutions, ordinances, rules and\nregulations of a municipality or political subdivision, heretofore or\nhereafter adopted, conflicting with this title or any rule or regulation\nof the authority or its subsidiaries, or New York city transit authority\nor its subsidiaries, shall not be applicable to the activities or\noperations of the authority and its subsidiaries, and New York city\ntransit authority, or the facilities of the authority and its\nsubsidiaries, and New York city transit authority and its subsidiaries,\nexcept such facilities that are devoted to purposes other than\ntransportation or transit purposes. Each municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor district in which any facilities of the authority or its\nsubsidiaries, or New York city transit authority or its subsidiaries are\nlocated shall provide for such facilities police, fire and health\nprotection services of the same character and to the same extent as\nthose provided for residents of such municipality or political\nsubdivision.\n The jurisdiction, supervision, powers and duties of the department of\ntransportation of the state under the transportation law shall not\nextend to the authority in the exercise of any of its powers under this\ntitle. The authority may agree with such department for the execution by\nsuch department of any grade crossing elimination project or any grade\ncrossing separation reconstruction project along any railroad facility\noperated by the authority or by one of its subsidiary corporations or\nunder contract, lease or other arrangement with the authority. Any such\nproject shall be executed as provided in article ten of the\ntransportation law and the railroad law, respectively, and the costs of\nany such project shall be borne as provided in such laws, except that\nthe authority's share of such costs shall be borne by the state.\n 9. Upon approval by the commissioner of transportation of the state of\nNew York of detailed plans and specifications, which approval may be\nbased upon considerations of relative need and the timing of\nconstruction, the authority is authorized to design, construct,\nmaintain, operate, improve and reconstruct a highway bridge crossing\nLong Island sound, as follows:\n (a) Upon (i) the enactment by the state of Connecticut of legislation\nhaving like effect as the provisions of this paragraph and the granting\nof the consent of the congress of the United States of America to the\ninterstate compact thereby created, and (ii) in conformity with\nrecommendations of the New York-Connecticut bi-state bridge study\ncommission, the authority is authorized, in cooperation with any duly\ndesignated agency or agencies of the state of Connecticut, to design,\nconstruct, maintain, operate, improve and reconstruct a highway bridge\ncrossing Long Island sound from a point in the vicinity of the city of\nBridgeport in the state of Connecticut to a point in the vicinity of the\nvillage of Port Jefferson in the state of New York, together with\napproaches to such bridge; and to contract from time to time with such\nagency or agencies of the state of Connecticut with respect to all\nmatters affecting these authorizations, including, without limitation,\nthe sharing of all capital, operational and maintenance expense (except\nthat the capital expense of the original construction of such bridge,\nother than the expense of acquiring the needed real property, shall be\nin the ratio of fifty per-centum for the authority and fifty per-centum\nfor such agency or agencies of the state of Connecticut), the manner and\nby whom the work of design, construction, reconstruction, improvement,\nmaintenance and operation is to be performed or contracted to others for\nperformance, the tolls, fees and other charges to be imposed from time\nto time for the use of such bridge, and the sharing of revenues derived\nfrom the imposition of such tolls, fees and charges (except that net\nrevenues remaining after deduction of operational and maintenance\nexpense of such bridge shall be in the ratio of fifty per-centum for the\nauthority and fifty per-centum for the state of Connecticut or for such\nagency or agencies of the state of Connecticut. Subject to the\nlimitations imposed upon the authority by the provisions of the said\ncontracts, that portion of the said bridge and its approaches situate\nand lying within the territorial boundaries of the state of New York\nshall be deemed a "transportation facility" of the authority for all the\npurposes of this title, but tolls, fees and other charges imposed for\nthe use of such bridge shall not be deemed to have been imposed "for the\ntransportation of passengers" within the intendment of subdivision three\nof this section.\n (b) If funds are made available by the authority for the payment of\nthe cost and expense of the acquisition thereof, the commissioner of\ntransportation of the state of New York, when requested by the\nauthority, may acquire in the name of the state such real property lying\nwithin the territorial boundaries of the state as may be determined from\ntime to time by the authority to be necessary, convenient or desirable\nto carry out the authorizations set forth in paragraphs (a) and (b) of\nthis subdivision, may remove the owner or occupant thereof where\nnecessary and obtain possession and, when requested by the authority,\nmay dispose of any real property so acquired, all according to the\nprocedure provided in section thirty of the highway law. The authority\nshall have the right to possess and use for its corporate purposes all\nsuch real property so acquired, all according to the procedure provided\nin section thirty of the highway law. The authority shall have the right\nto possess and use for its corporate purposes all such real property so\nacquired. Claims for the value of the property appropriated and for\nlegal damages caused by any such appropriation shall be adjusted and\ndetermined by the commissioner of transportation with the approval of\nthe authority or by the court of claims as provided in section thirty of\nthe highway law. When a claim has been filed with the court of claims,\nthe claimant shall cause a copy of such claim to be served upon the\nauthority and the authority shall have the right to be represented and\nheard before such court. All awards and judgments arising from such\nclaims shall be paid out of moneys of the authority.\n (c) The authority, acting independently or jointly or in cooperation\nwith such agency or agencies of the state of Connecticut, may also apply\nfor and accept, upon condition or otherwise, from the duly authorized\nagencies of the federal government, and of the governments of the states\nof Connecticut and New York, such underwater and overwater grants of\nreal property, licenses or permits as shall be necessary, convenient or\ndesirable to carry out the authorizations set forth in paragraphs (a)\nand (b) of this subdivision.\n (d) The provisions of chapter four hundred forty-two of the laws of\nnineteen hundred sixty-five (and of any agreement entered into in\npursuance thereof) relating to the repayment of a loan made by the state\nto the authority for the purchase of the Long Island railroad shall be\ninapplicable to (i) the construction of such bridges and their\napproaches, (ii) bonds, notes or other obligations of the authority\nissued for or in connection with the financing of the cost of design,\nconstruction and reconstruction of such bridges and their approaches, or\nthe proceeds realized upon such issuance; and (iii) revenues derived\nfrom the investment of such proceeds or of any part thereof, and from\nthe imposition of tolls, fees or other charges for the use of such\nbridges.\n 10. Notwithstanding the provisions of any other law, general, special\nor local, or of any agreement entered into in pursuance thereof,\nrelating to the repayment of any loan or advance made by the state to\nthe authority or to the New York city transit authority, neither the\nauthority nor the New York city transit authority shall be required to\nrepay any such loan or advance heretofore made from or by reason of the\nissuance of bonds or notes of either of them or from the proceeds\nrealized upon such issuance or from any other funds received by either\nof them from any source whatever in aid or assistance of the project or\nprojects for the financing of which such bonds or notes are issued.\n 11. No project to be constructed upon real property theretofore used\nfor a transportation purpose, or on an insubstantial addition to such\nproperty contiguous thereto, which will not change in a material respect\nthe general character of such prior transportation use, nor any acts or\nactivities in connection with such project, shall be subject to the\nprovisions of article eight, nineteen, twenty-four or twenty-five of the\nenvironmental conservation law, or to any local law or ordinance adopted\npursuant to any such article. Nor shall any acts or activities taken or\nproposed to be taken by the authority or by any other person or entity,\npublic or private, in connection with the planning, design, acquisition,\nimprovement, construction, reconstruction or rehabilitation of a\ntransportation facility, other than a marine or aviation facility, be\nsubject to the provisions of article eight of the environmental\nconservation law, or to any local law or ordinance adopted pursuant to\nany such article if such acts or activities require the preparation of a\nstatement under or pursuant to any federal law or regulation as to the\nenvironmental impact thereof.\n 12. The authority may, upon suitable notice to and an offer to consult\nwith an officer designated by the city of New York, occupy the streets\nof the city of New York for the purpose of doing any work over or under\nthe same in connection with the improvement, construction,\nreconstruction or rehabilitation of a transportation facility without\nthe consent of or payment to such city.\n * 12-a. (a) Whenever the authority determines in consultation with the\ncity of New York that it is necessary to obtain the temporary or\npermanent use, occupancy, control or possession of vacant or undeveloped\nor underutilized but replaceable real property, or any interest therein,\nor subsurface real property or any interest therein then owned by the\ncity of New York for a project in the two thousand fifteen to two\nthousand nineteen, two thousand twenty to two thousand twenty-four, or\ntwo thousand twenty-five to two thousand twenty-nine approved capital\nprograms in connection with (i) the installation of one or more\nelevators to make one or more subway stations more accessible, (ii) the\nconstruction or reconstruction of an electrical substation to increase\navailable power to the subway system to expand passenger capacity or\nreliability, (iii) the capital project to construct four commuter\nrailroad passenger stations in the borough of the Bronx known as Penn\nStation access, (iv) the Second Avenue Subway capital project, (v) the\nInterborough Express capital project, or (vi) the construction or\nreconstruction of signal or communication systems, the authority upon\napproval by the board of the metropolitan transportation authority and\nupon suitable notice and with the consent of the city of New York may\ncause the title to such real property, or any interest therein, to be\ntransferred to the authority by adding it to the agreement of lease\ndated June first, nineteen hundred fifty-three, as amended, renewed and\nsupplemented, authorized by section twelve hundred three of this\narticle, or may itself acquire title to such property from the city of\nNew York, and any such transfer or acquisition of real property shall be\nsubject to the provisions of subdivision five of section twelve hundred\nsixty-six-c of this title. Nothing in this subdivision shall be deemed\nto authorize any temporary or permanent transfer or acquisition of real\nproperty, or interest therein, that is dedicated parkland without\nseparate legislative approval of such alienation.\n (b) (i) Upon the execution of any transfer or acquisition pursuant to\nthis subdivision, which shall be final upon the approval by the board of\nthe metropolitan transportation authority and consent of the city of New\nYork, the fair market value shall be determined pursuant to this\nparagraph. The authority shall make a written offer to pay to the city\nof New York the fair market value of the authority's use, occupancy,\ncontrol, possession or acquisition of such property. The offer by the\nauthority shall be based on an appraisal of the value of such property\nand a copy of such appraisal shall be included with the offer. Such\nappraisal shall be done by an independent New York state licensed or\ncertified appraiser, who may not be employed by the authority, selected\nat random from a panel of appraisers maintained by it for such purpose.\nSuch appraisal and a second appraisal, if required pursuant to\nsubparagraph (ii) of this paragraph, shall consider only the reasonably\nanticipated lawful use of the property and its zoning designation under\nthe zoning resolution of the city of New York at the time the authority\nnotified the city of New York of its determination to use, occupy,\ncontrol, possess or acquire such property.\n (ii) Within thirty days of receipt of the offer by the authority, the\ncity of New York may accept it, agree with the authority on another\namount, or request a second appraisal by an independent New York state\nlicensed or certified appraiser, who may not be employed by the city of\nNew York, selected at random by the city of New York from a panel of\nappraisers maintained by it for such purpose. Such second appraisal\nshall be completed within thirty days. If the second appraisal produces\nan estimate of the fair market value of the property that is greater\nthan that of the first appraisal, the authority shall have ten days to\nincrease its offer to such higher amount, otherwise the two appraisers\nshall reconcile their valuations and agree on a final valuation within\nten days, which shall be an amount not less than the first appraisal nor\ngreater than the second appraisal.\n (c) Nothing in this subdivision shall be construed to affect or limit\nthe authority's power under subdivision twelve of this section.\n * NB Repealed December 31, 2030\n 13. The authority and each of its subsidiary corporations shall place\non each transformer and substation which contains polychlorinated\nbiphenyls (PCBs) a symbol so indicating the presence of PCBs. Use of a\nPCB mark illustrated in the rules and regulations promulgated pursuant\nto the federal Toxic Substances Control Act shall constitute compliance\nwith the provisions of this subdivision.\n 14. Notwithstanding any other provisions of law or the terms of any\ncontract, the authority, in consultation with the Long Island Rail Road,\nshall establish and implement a no fare program for transportation on\nthe Long Island Rail Road for police officers employed by the city of\nNew York, county of Nassau, Nassau county villages and cities, county of\nSuffolk, Suffolk county villages and towns, the division of state\npolice, the port authority of New York and New Jersey, the Metro-North\nCommuter Railroad Company, the New York city housing authority and the\nNew York city transit authority. In establishing such program, which has\nas its goal increased protection and improved safety for its commuters,\nthe authority and the Long Island Rail Road shall, among other things,\nconsider: (a) requiring police officers who ride without cost to\nregister with the Long Island Rail Road as a condition of riding without\ncost; (b) requiring such officers to indicate during such registration\nprocess their regular working hours and the Long Island Rail Road trains\nthat such officers expect to ride; and (c) periodically re-registering\nand re-validating such officers. The authority and the Long Island Rail\nRoad shall also have the power to consider other matters necessary to\ncarry out the goals and objectives of this section.\n 15. (a) Notwithstanding any other provisions of law or the terms of\nany contract, the authority, in consultation with the New York city\ntransit authority, the Long Island Rail Road and the Metro-North\nCommuter Railroad Company, shall establish and implement a no fare\nprogram for transportation on New York city transit authority systems,\nthe Long Island Rail Road and the Metro-North Commuter Railroad Company\nfor individuals serving as personal care attendants accompanying an\nAmericans With Disabilities Act paratransit eligible individual.\n (b) In order to be eligible for such no fare program the personal care\nattendant must show his or her community based personal care attendant\nagency issued identification card.\n (c) In order to be considered accompanying an Americans With\nDisabilities Act paratransit eligible individual the personal care\nattendant shall have the same origin and destination as such paratransit\neligible individual.\n 16. Notwithstanding any other provision of law, the authority and any\nof its subsidiary corporations shall establish and implement a half fare\nrate program for persons with serious mental illness who are eligible to\nreceive supplemental security income benefits as defined pursuant to\ntitle sixteen of the federal social security act and section two hundred\nnine of the social services law.\n 17. Notwithstanding any conflicting provisions of general, special or\nlocal law, and pursuant to the authority's 2000-2004 capital program\nplans approved by the metropolitan transportation authority capital\nprogram review board, the authority or any of its subsidiaries, the New\nYork city transit authority or any of its subsidiaries, or Triborough\nbridge and tunnel authority, shall provide, from funds identified in\nsuch approved 2000-2004 capital program plans, up to twelve million\ndollars for the financing of a bus and heavy duty vehicles emission\nresearch and testing facility and related equipment located in the state\nof New York, whether within or outside of the transportation district,\nwhich facility shall be operated by the department of environmental\nconservation and shall be available for use on a non-exclusive basis by\nthe authority and any of its subsidiaries, the New York city transit\nauthority and any of its subsidiaries, and Triborough bridge and tunnel\nauthority.\n 18. The authority shall conduct a campaign of public outreach to\ninform the public of the provisions pertaining to assault on employees\ndescribed in subdivision eleven of section 120.05 of the penal law.\n 19. In connection with their lawful responsibilities or functions, the\nauthority and its subsidiaries, including Metro-North Commuter Railroad,\nthe Long Island Rail Road, MTA bus and the Staten Island rapid transit\noperating authority, the Triborough bridge and tunnel authority, and the\nNew York city transit authority and its subsidiary the Manhattan and\nBronx surface transit operating authority, are authorized to request,\nreceive and review criminal history information through the division of\ncriminal justice services with respect to any person applying for a\nsafety sensitive position. When requested, such applicant shall submit\nto the authority or the requesting affiliate or subsidiary his or her\nfingerprints in such form and in such manner as specified by the\ndivision, for the purpose of conducting a criminal history search\nidentifying criminal convictions and pending criminal charges and\nreturning a report thereon in accordance with the procedures and\nrequirements established by the division pursuant to the provisions of\narticle thirty-five of the executive law, which shall include the\npayment of the reasonable prescribed processing fee for the cost of the\ndivision's full search and retention procedures and a national criminal\nhistory record check. The authority or requesting affiliate or\nsubsidiary shall submit such fingerprints and the processing fee to the\ndivision. The division shall forward to the authority or the requesting\naffiliate or subsidiary a report with respect to the applicant's\nprevious criminal history, if any, or a statement that the applicant has\nno previous criminal history according to its files. Fingerprints\nsubmitted to the division pursuant to this subdivision may also be\nsubmitted to the federal bureau of investigation for a national criminal\nhistory record check. If additional copies of fingerprints are required,\nthe applicant shall furnish them upon request. Upon receipt of such\ncriminal history information, the authority or the requesting affiliate\nor subsidiary shall provide such applicant with a copy of such criminal\nhistory information, together with a copy of article twenty-three-A of\nthe correction law, and inform such applicant of his or her right to\nseek correction of any incorrect information contained in such criminal\nhistory information pursuant to regulations and procedures established\nby the division of criminal justice services. The authority or the\nrequesting affiliate or subsidiary shall ensure that adequate notice be\nprovided to such applicant regarding the fact that state and national\ncriminal history record checks may be conducted. This provision shall\nnot preclude or alter the process by which a municipal civil service\ncommission obtains and provides background information pursuant to\nsubdivision four of section fifty of the civil service law relating to\napplicants for civil service appointments at the New York city transit\nauthority and the Triborough bridge and tunnel authority.\n