§ 1266-C — Transit projects

New York § 1266-C

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

Text

§ 1266-c. Transit projects. 1. Subject to the provisions of this\nsection, the authority is hereby authorized, upon the request of the New\nYork city transit authority and upon such terms and conditions as shall\nbe agreed to by the authority (i) to plan, design, acquire, construct,\nreconstruct, rehabilitate and improve facilities, equipment, devices and\nappurtenances, and property or property rights constituting or to\nconstitute part of, or used or to be used in connection with the\noperation of any transit facility now or hereafter owned or operated by\nthe New York city transit authority or any of its subsidiaries (each of\nthe foregoing activities and programs being referred to in this section\nas a "transit project"), (ii) to finance the costs of a transit project\nby the issuance of its notes, bonds or lease obligations, (iii) upon the\ncompletion of any transit project or part thereof, to cause the same to\nbe transferred, leased or subleased to the New York city transit\nauthority or its designated subsidiary or other designee, for\nconsideration. The terms "facilities", "equipment", "devices and\nappurtenances", "property" or "property rights" and "transit facility"\nshall have the meanings given to such terms from time to time in section\ntwelve hundred of this article. The authority shall have no obligation\nto operate or, except as may otherwise be provided in any lease to which\nit may be a party as hereinafter provided, repair or maintain any\ntransit project or part thereof subsequent to its completion nor shall\nit be liable to the transferee, lessee or sublessee by reason of any\nwarranty, express or implied, in respect thereof. Warranties furnished\nin connection with such transit project shall be assignable and assigned\nas directed by the New York city transit authority and approved by the\nauthority.\n 2. In connection with any transit project, and in order to effectuate\nthe purposes of this section, the authority shall, subject to the\nprovisions of this section, have all of the powers provided elsewhere in\nthis title, and, in addition, the authority may:\n (a) issue its notes or bonds to finance all or any part of the costs\nof a transit project;\n (b) finance all or any part of the costs to the authority or to any\nother person or entity, public or private, of such transit project\nthrough, or accompanied by, a leasing of such project or any part\nthereof by such person or entity to the authority or through or\naccompanied by a sale by the authority to any such person or entity and\nleaseback to the authority, in each case for subleasing to the New York\ncity transit authority, its designated subsidiary or other designee for\nconsideration, except that such leasing or leaseback from such person or\nentity may be directly to the New York city transit authority or its\ndesignated subsidiary or other designee with the consent of the\nauthority;\n (c) issue its notes or bonds to defease the lien of, refund or\notherwise repay any outstanding notes, bonds or other obligations of the\nNew York city transit authority which in the judgment of the authority\nwould otherwise delay, impede or prevent its financing a transit\nproject;\n (d) accept the notes, bonds, lease, sublease and other contractual\nobligations of the New York city transit authority and any of its\ndesignated subsidiaries in payment for a transfer, lease or sublease of\na transit project;\n (e) accept from the New York city transit authority or its designated\nsubsidiary or from the city of New York, acting by its mayor alone, a\ntransfer of title to or the use, occupancy, control or possession of any\nreal or personal property (or any interest therein) needed or useful for\nor in connection with any transit project;\n (f) obtain security for the payment by the New York city transit\nauthority or its designated subsidiary of its notes, bonds, lease,\nsublease or other contractual obligations, including a pledge of all or\nany part of any of their revenues, which pledge may contain covenants\nwith respect to the charging and fixing of fares, fees and rentals, the\nuse and disposition of such fares, fees, rentals and other revenues, and\nthe setting aside of reserves therefrom;\n (g) with the consent of the New York city transit authority or its\ndesignated subsidiary, use, with or without compensation, its agents,\nemployees and facilities; and\n (h) apply for, accept, enter into contracts for, administer and\ndisburse any federal, state or local aid or assistance, subject to the\nterms and conditions thereof, which may be available for any transit\nproject.\n 3. All of the provisions of this title not inconsistent with the\nprovisions of this section shall be applicable with respect to any\nbonds, notes or lease obligations of the authority issued or entered\ninto to finance any transit project, or to defease the lien of, refund\nor otherwise repay outstanding bonds, notes or other obligations of the\nNew York city transit authority, subject to the following conditions:\n (a) such bonds and notes shall be payable as to principal, redemption\npremium, if any, and interest and such other obligations shall be\npayable, all in the manner more particularly provided by the authority\nin the resolution under which the same shall be authorized to be issued;\n (b) such lease obligations shall be non-recourse obligations limited\nto the recovery of the leased property by the lessor and as to the\npayments of sums of money coming due thereunder, to proceedings against\nthe sublessee under any underlying sublease or pursuant to any pledge or\nassignment given to secure sums payable under such underlying sublease;\n (c) no bonds or notes of the authority shall be issued for the purpose\nof defeasing the lien of, refunding or otherwise repaying outstanding\nbonds, notes or other obligations of the New York city transit authority\nunless (i) the city of the New York shall have entered into an agreement\non terms satisfactory to the authority to make periodic payments to the\nNew York city transit authority, and (ii) the New York city transit\nauthority shall have entered into an agreement on terms satisfactory to\nthe authority to make periodic payments to the authority, in each case\nsufficient to pay, when due, the principal, redemption premium, if any,\nand interest upon the bonds or notes of the authority issued to effect\nsuch defeasance, refunding or repayment;\n (d) notwithstanding and in addition to any provisions for the\nredemption of such bonds or notes which may be contained in any contract\nwith the holders thereof, the city of New York may, upon furnishing\nsufficient funds therefor, require the authority to redeem as a whole\nany issue of such bonds or notes at the time or times and at the place\nor places and in accordance with the terms upon which such bonds or\nnotes are redeemable; and\n (e) the city of New York shall not be liable on such bonds or notes,\nand such bonds or notes shall not be a debt of the city of New York, and\nshall contain on the face thereof a statement to such effect.\n 4. The authority shall not undertake any transit project unless the\nNew York city transit authority or the subsidiary for whose benefit the\ntransit project is to be undertaken, or both, shall pay or agree to pay,\nin the form of a bond, note, lease, sublease or other contractual\nobligation, in a manner and on terms and conditions satisfactory to the\nauthority, any portion of the costs to the authority of such transit\nproject and the financing thereof which is not paid to the authority\nfrom any federal, state or local aid or assistance or which is not\npayable from any other moneys made available or payable to the authority\nby others for such project.\n 5. Neither the provisions of section one hundred ninety-seven-c of the\nNew York city charter, relating to a uniform land use review procedure,\nnor the provisions of any other local law of the city of New York of\nlike or similar tenor or import shall apply (i) to the acquisition of\nany real property (or any interest therein) for the purposes of any\ntransit project by the city or by the New York city transit authority or\nany of its subsidiaries; (ii) to the subsequent transfer of any real\nproperty (or interest therein) so acquired to the authority or its\ndesignee for the purposes of such project or to the transfer to the\nauthority or its designee for such purposes of any real property (or\ninterest therein) then owned by the city or by the New York city transit\nauthority or any such subsidiary; nor (iii) to the transfer to the\nauthority or its designee for such purposes of the right of use,\noccupancy, control or possession of any real property (or interest\ntherein), whether presently owned or hereafter acquired by the city or\nby the New York city transit authority or any such subsidiary; provided\nin each such case, however, that if at the time of such proposed\nacquisition or transfer the real property which is the subject of such\nacquisition or transfer is not then being utilized for a transit or\ntransportation purpose or is not an insubstantial addition to such\nproperty contiguous thereto; (a) the authority proposing to acquire or\nreceive such property shall, unless a submission with respect to such\nproperty has previously been made and approved as herein provided,\nsubmit to the community board for the community district in which such\nproperty is located, data with respect to the proposed use of such\nproperty and to the design of any facility proposed to be constructed\nthereon; (b) such community board shall inform the board of estimate of\nthe city of New York, with copies to the city planning commission of the\ncity of New York and the proposing authority, of its views and\nrecommendations with respect thereto within forty-five days of such\nsubmission, and if the community board shall fail to so inform the board\nof estimate within such period it shall be deemed to have recommended\nthe proposal; and (c) the board of estimate shall, within forty-five\ndays of the recommendation of the community board, approve or disapprove\nsuch acquisition or transfer, and if the board of estimate shall fail to\nact within such period it shall be deemed to have approved the same.\n 6. In its performance of any transit project, the authority shall not\nbe deemed the agent or instrumentality of the city of New York or the\nNew York city transit authority or any of its subsidiaries\nnotwithstanding the fact that title to any real or personal property (or\nany interest therein) which is the subject of or is a part of such\nproject is held by or upon completion of such project is to be\ntransferred to such other entity. In its performance of any transit\nproject, however, the provisions of section twelve hundred nine of this\nchapter shall apply to the authority as if it were the "authority"\nreferred to therein.\n 7. The authority, in addition to the powers provided elsewhere in this\ntitle, shall possess all of the powers, rights and privileges of the New\nYork city transit authority or its designated subsidiary in connection\nwith the undertaking by the authority of any transit project. The\nauthority, upon suitable notice to and an offer to consult with an\nofficer designated by the city of the New York, may occupy the streets\nof the city of New York for the purpose of doing any work over or under\nthe same in connection with any transit project without the consent of\nor payment to such city.\n 8. After the transfer, transfer back, lease or sublease to the New\nYork city transit authority or its designated subsidiary or other\ndesignee of any transit project or part thereof, actions for damages for\ninjuries to real or personal property or for the destruction thereof, or\nfor personal injuries or death, based upon the use, condition or state\nof such project or part thereof may not be instituted against the\nauthority, which shall have no liability or responsibility to the\ntransferee, lessee or sublessee or to third parties therefor.\n 9. Except as the authority shall otherwise agree, title to any transit\nproject or any part thereof or interest therein which shall have been\ntransferred, leased or subleased to the New York city transit authority\nor its designated subsidiary, shall remain in such transferee, lessee or\nsublessee any provision of title nine of this article or of any lease or\nother agreement entered into under the provisions of that title to the\ncontrary notwithstanding.\n 10. The providing of any transit project shall not relieve the city of\nNew York of its obligations under law and by lease to pay the capital\ncosts of the New York city transit authority or its subsidiaries.\n 11. No transit project to be constructed upon real property\ntheretofore used for a transit or transportation purpose, or on an\ninsubstantial addition to such property contiguous thereto, which will\nnot change in a material respect the general character of such prior\ntransit or transportation use, nor any acts or activities in connection\nwith such project, shall be subject to the provisions of article eight,\nnineteen, twenty-four or twenty-five of the environmental conservation\nlaw, or to any local law or ordinance adopted pursuant to any such\narticle. Nor shall any transit project or any acts or activities in\nconnection therewith taken by any person or entity, public or private,\npursuant to this section be subject to the provisions of article eight\nof the environmental conservation law if such project, acts or\nactivities require the preparation of a statement under or pursuant to\nany federal law or regulation as to the environmental impact thereof.\n 12. The provisions of this section and of all agreements undertaken by\nthe New York city transit authority in accordance therewith shall in all\nrespects be subject to the rights of the holders of any outstanding\nbonds or notes of such authority.\n 13. a. All contracts for design, construction, services and materials\npursuant to this title of whatever nature and all documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:\n (i) The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue existing programs of affirmative action to ensure that minority\ngroup persons and women are afforded equal opportunity without\ndiscrimination. Such programs shall include, but not be limited to,\nrecruitment, employment, job assignment, promotion, upgrading, demotion,\ntransfer, layoff, termination, rates of pay or other forms of\ncompensation, and selections for training or retraining, including\napprenticeship and on-the-job training.\n (ii) At the request of the New York city transit authority, the\nmetropolitan transportation authority, and their subsidiaries\n(hereinafter referred to as the authority), the contractor shall request\neach employment agency, labor union, or authorized representative of\nworkers with which it has a collective bargaining or other agreement or\nunderstanding and which is involved in the performance of the contract\nwith the authority to furnish a written statement that such employment\nagency, labor union or representative shall not discriminate because of\nrace, creed, color, national origin, sex, age, disability or marital\nstatus and that such union or representative will cooperate in the\nimplementation of the contractor's obligations hereunder.\n (iii) The contractor will state, in all solicitations or\nadvertisements for employees placed by or on behalf of the contractor in\nthe performance of the contract with the authority, that all qualified\napplicants will be afforded equal employment opportunity without\ndiscrimination because of race, creed, color, national origin, sex, age,\ndisability or marital status. (iv) The contractor will include the\nprovisions of subparagraphs (i) through (iii) of this paragraph in every\nsubcontract or purchase order in such a manner that such provisions will\nbe binding upon each subcontractor or vendor as to its work in\nconnection with the contract with the authority.\n b. The authority shall establish procedures and guidelines to ensure\nthat contractors and subcontractors undertake programs of affirmative\naction and equal employment opportunity as required by this subdivision.\nSuch procedures may require after notice in a bid solicitation, the\nsubmission of an affirmative action program prior to the award of any\ncontract, or at any time thereafter, and may require the submission of\ncompliance reports relating to the operation and implementation of any\naffirmative action program adopted hereunder. The authority may take\nappropriate action including contractual sanctions for non-compliance to\neffectuate the provisions of this subdivision and shall be responsible\nfor monitoring compliance with this title.\n 14. (a) (i) In the performance of projects pursuant to this title\nminority and women-owned business enterprises shall be given the\nopportunity for meaningful participation. The authority provided for in\nthis title shall establish measures and procedures to secure meaningful\nparticipation and identify those contracts and items of work for which\nminority and women-owned business enterprises may best bid to actively\nand affirmatively promote and assist their participation in the\nprojects, so as to facilitate the award of a fair share of contracts to\nsuch enterprises; provided, however, that nothing in this title shall be\nconstrued to limit the ability of the authority to assure that qualified\nminority and women-owned business enterprises may participate in the\nprogram. For purposes hereof, minority business enterprise shall mean\nany business enterprise which is at least fifty-one per centum owned by,\nor in the case of a publicly owned business, at least fifty-one per\ncentum of the stock of which is owned by citizens or permanent resident\nnoncitizens who are Black, Hispanic, Asian or American Indian, Pacific\nIslander or Alaskan natives and such ownership interest is real,\nsubstantial and continuing and have the authority to independently\ncontrol the day to day business decisions of the entity for at least one\nyear; and women-owned business enterprise shall mean any business\nenterprise which is at least fifty-one per centum owned by, or in the\ncase of a publicly owned business, at least fifty-one per centum of the\nstock of which is owned by citizens or permanent resident noncitizens\nwho are women, and such ownership interest is real, substantial and\ncontinuing and have the authority to independently control the day to\nday business decisions of the entity for at least one year.\n The provisions of this paragraph shall not be construed to limit the\nability of any minority or women-owned business enterprise to bid on any\ncontract.\n (ii) In the implementation of this subdivision, the authority shall\nconsider compliance by any contractor with the requirements of any\nfederal, state, or local law concerning minority and women-owned\nbusiness enterprises, which may effectuate the requirements of this\nsubdivision. If the authority determines that by virtue of the\nimposition of the requirements of any such law, in respect to capital\nproject contracts, the provisions thereof duplicate or conflict with\nsuch law, the authority may waive the applicability of this subdivision\nto the extent of such duplication or conflict.\n (iii) Nothing in this subdivision shall be deemed to require that\noverall state and federal requirements for participation of minority and\nwomen-owned business enterprises in programs authorized under this title\nbe applied without regard to local circumstances to all projects or in\nall communities.\n (b) In order to implement the requirements and objectives of this\nsubdivision, the authority shall establish procedures to monitor the\ncontractors' compliance with provisions hereof, provide assistance in\nobtaining competing qualified minority and women-owned business\nenterprises to perform contracts proposed to be awarded, and take other\nappropriate measures to improve the access of minority and women-owned\nbusiness enterprises to these contracts.\n 15. (a) In connection with the performance of projects pursuant to\nthis section, the authority shall, to the extent practicable and not\ninconsistent with any federal law, regulation or requirement, promote\nthe meaningful participation of small business and New York state\nbusiness enterprises in the provision of goods and services that are\nproduced or manufactured in New York state as part of procurements\nundertaken by the authority.\n (b) The authority shall within one hundred eighty days after the\neffective date of this subdivision develop, and review annually\nthereafter, a plan to effect the purposes of this subdivision.\n