N.Y. Public Authorities Law § 1266: Special powers of the authority

§ 1266. Special powers of the authority. In order to effectuate the

purposes of this title:

1. The authority may acquire, by purchase, gift, grant, transfer,

contract or lease, any transportation facility other than a transit

facility or, subject to subdivision two of this section or any

transportation facility constituting a transit facility, wholly or

partially within the metropolitan commuter transportation district, or

any part thereof, or the use thereof, and may enter into any joint

service arrangements as hereinafter provided. Any such acquisition or

joint service arrangement shall be authorized only by resolution of the

authority approved by not less than a majority vote of the whole number

of members of the authority then in office, except that in the event of

a tie vote the chairman shall cast one additional vote.

2. The authority may on such terms and conditions as the authority may

determine necessary, convenient or desirable itself plan, design,

acquire, establish, construct, effectuate, operate, maintain, renovate,

improve, extend, rehabilitate or repair (a) any transportation facility

other than a transit project, or (b) upon the request of the New York

city transit authority, and upon such terms and conditions as shall be

agreed to by the authority or any transportation facility constituting a

transit facility (a "transportation assistance project"), or may provide

for such planning, design, acquisition, establishment, construction,

effectuation, operation, maintenance, renovation, improvement,

extension, rehabilitation or repair by contract, lease or other

arrangement on such terms as the authority may deem necessary,

convenient or desirable with any person, including but not limited to

any common carrier or freight forwarder, the state, any state agency,

the federal government, any other state or agency or instrumentality

thereof, any public authority of this or any other state, the port of

New York authority or any political subdivision or municipality of the

state. In connection with the operation of any transportation facility,

the authority may plan, design, acquire, establish, construct,

effectuate, operate, maintain, renovate, improve, extend or repair or

may provide by contract, lease or other arrangement for the planning,

design, acquisition, establishment, construction, effectuation,

operation, maintenance, renovation, improvement, extension or repair of

any related services and activities it deems necessary, convenient or

desirable, including but not limited to the transportation and storage

of freight and the United States mail, feeder and connecting

transportation, parking areas, transportation centers, stations and

related facilities. Upon the completion of any such transportation

assistance project or any part thereof or the termination of any

contract, lease or other arrangement relating to such transportation

assistance project, the authority shall cause the same to be

transferred, leased or subleased to the New York city transit authority

or its designated subsidiary, as appropriate, with or without

consideration.

3. The authority may establish, levy and collect or cause to be

established, levied and collected and, in the case of a joint service

arrangement, join with others in the establishment, levy and collection

of such fares, tolls, rentals, rates, charges and other fees as it may

deem necessary, convenient or desirable for the use and operation of any

transportation facility and related services operated by the authority

or by a subsidiary corporation of the authority or under contract, lease

or other arrangement, including joint service arrangements, with the

authority. Any such fares, tolls, rentals, rates, charges or other fees

for the transportation of passengers shall be established and changed

only if approved by resolution of the authority adopted by not less than

a majority vote of the whole number of members of the authority then in

office, with the chairman having one additional vote in the event of a

tie vote, and only after a public hearing, provided however, that fares,

tolls, rentals, rates, charges or other fees for the transportation of

passengers on any transportation facility which are in effect at the

time that the then owner of such transportation facility becomes a

subsidiary corporation of the authority or at the time that operation of

such transportation facility is commenced by the authority or is

commenced under contract, lease or other arrangement, including joint

service arrangements, with the authority may be continued in effect

without such a hearing. Such fares, tolls, rentals, rates, charges and

other fees shall be established as may in the judgment of the authority

be necessary to maintain the combined operations of the authority and

its subsidiary corporations on a self-sustaining basis. The said

operations shall be deemed to be on a self-sustaining basis as required

by this title, when the authority is able to pay or cause to be paid

from revenue and any other funds or property actually available to the

authority and its subsidiary corporations (a) as the same shall become

due, the principal of and interest on the bonds and notes and other

obligations of the authority and of such subsidiary corporations,

together with the maintenance of proper reserves therefor, (b) the cost

and expense of keeping the properties and assets of the authority and

its subsidiary corporations in good condition and repair, and (c) the

capital and operating expenses of the authority and its subsidiary

corporations. The authority may contract with the holders of bonds and

notes with respect to the exercise of the powers authorized by this

section. No acts or activities taken or proposed to be taken by the

authority or any subsidiary of the authority pursuant to the provisions

of this subdivision shall be deemed to be "actions" for the purposes or

within the meaning of article eight of the environmental conservation

law.

3-a. In furtherance of the authority's mandate to develop and

implement a unified mass transportation policy for the metropolitan

commuter transportation district and the exercise of its powers,

including the power to issue notes, bonds and other obligations secured

in whole or in part by the revenues of the authority and its

subsidiaries, and New York city transit authority and its subsidiaries,

the authority shall join with the New York city transit authority and

its subsidiaries in connection with any change in the establishment,

levy and collection of fares, tolls, rentals, rates, charges and other

fees for the transportation of passengers on any transportation

facilities operated by New York city transit authority and its

subsidiaries. Such fares, tolls, rentals, charges and other fees on

transit facilities shall be established in accordance with the

requirements of sections twelve hundred five and twelve hundred seven-i

of this article.

4. The authority may establish and, in the case of joint service

arrangements, join with others in the establishment of such schedules

and standards of operations and such other rules and regulations

including but not limited to rules and regulations governing the conduct

and safety of the public as it may deem necessary, convenient or

desirable for the use and operation of any transportation facility and

related services operated by the authority or under contract, lease or

other arrangement, including joint service arrangements, with the

authority. Such rules and regulations governing the conduct and safety

of the public shall be filed with the department of state in the manner

provided by section one hundred two of the executive law. In the case of

any conflict between any such rule or regulation of the authority

governing the conduct or the safety of the public and any local law,

ordinance, rule or regulation, such rule or regulation of the authority

shall prevail. Violation of any such rule or regulation of the authority

or any of its subsidiaries governing the conduct or the safety of the

public in or upon any facility of the authority or any of its

subsidiaries shall constitute an offense and shall be punishable by a

fine not exceeding fifty dollars or imprisonment for not more than

thirty days or both or may be punishable by the imposition of a civil

penalty by the transit adjudication bureau established pursuant to the

provisions of title nine of this article, except that civil penalties

relating to the payment of fares may be punishable by the imposition of

a civil penalty not to exceed one hundred fifty dollars, provided that

civil penalties relating to the payment of fares to the MTA bus company

and the Metro-North railroad and Long Island rail road shall be in

accordance with the conditions set forth in subdivisions eleven and

twelve of section twelve hundred nine-a of this article, as applicable.

5. The authority may acquire, hold, own, lease, establish, construct,

effectuate, operate, maintain, renovate, improve, extend or repair any

transportation facilities through, and cause any one or more of its

powers, duties, functions or activities to be exercised or performed by,

one or more wholly owned subsidiary corporations of the authority, or by

New York city transit authority or any of its subsidiary corporations in

the case of transit facilities and may transfer to or from any such

corporations any moneys, real property or other property for any of the

purposes of this title upon such terms and conditions as shall be agreed

to and subject to such payment or repayment obligations as are required

by law or by any agreement to which any of the affected entities is

subject. The directors or members of each such subsidiary corporation of

the authority corporation shall be the same persons holding the offices

of members of the authority. The chairman of the board of each such

subsidiary shall be the chairman of the authority, serving ex officio

and, provided that there is an executive director of the metropolitan

transportation authority, the executive director of such subsidiary

shall be the executive director of the metropolitan transportation

authority, serving ex officio. Notwithstanding any provision of law to

the contrary, the chairman shall be the chief executive officer of each

such subsidiary and shall be responsible for the discharge of the

executive and administrative functions and powers of each such

subsidiary. The chairman and executive director, if any, shall be

empowered to delegate his or her functions and powers to one or more

officers or employees of each such subsidiary designated by him or her.

Each such subsidiary corporation of the authority and any of its

property, functions and activities shall have all of the privileges,

immunities, tax exemptions and other exemptions of the authority and of

the authority's property, functions and activities. Each such subsidiary

corporation shall be subject to the restrictions and limitations to

which the authority may be subject. Each such subsidiary corporation of

the authority shall be subject to suit in accordance with section twelve

hundred seventy-six of this title. The employees of any such subsidiary

corporation, except those who are also employees of the authority, shall

not be deemed employees of the authority.

If the authority shall determine that one or more of its subsidiary

corporations should be in the form of a public benefit corporation, it

shall create each such public benefit corporation by executing and

filing with the secretary of state a certificate of incorporation, which

may be amended from time to time by filing, which shall set forth the

name of such public benefit subsidiary corporation, its duration, the

location of its principal office, and any or all of the purposes of

acquiring, owning, leasing, establishing, constructing, effectuating,

operating, maintaining, renovating, improving, extending or repairing

one or more facilities of the authority. Each such public benefit

subsidiary corporation shall be a body politic and corporate and shall

have all those powers vested in the authority by the provisions of this

title which the authority shall determine to include in its certificate

of incorporation except the power to contract indebtedness.

Whenever any state, political subdivision, municipality, commission,

agency, officer, department, board, division or person is authorized and

empowered for any of the purposes of this title to co-operate and enter

into agreements with the authority such state, political subdivision,

municipality, commission, agency, officer, department, board, division

or person shall have the same authorization and power for any of such

purposes to co-operate and enter into agreements with a subsidiary

corporation of the authority.

6. Each of the authority and its subsidiaries, and the New York city

transit authority and its subsidiaries, in its own name or in the name

of the state, may apply for and receive and accept grants of property,

money and services and other assistance offered or made available to it

by any person, government or agency, which it may use to meet capital or

operating expenses and for any other use within the scope of its powers,

and to negotiate for the same upon such terms and conditions as the

respective authority may determine to be necessary, convenient or

desirable.

6-a. Subject to the rights of the holders of any outstanding bonds,

notes or other obligations of the authority, New York city transit

authority and Triborough bridge and tunnel authority, and to facilitate

the efficient financial management of the authority, its subsidiary

corporations, New York city transit authority and its subsidiary

corporations, and Triborough bridge and tunnel authority (the

"affiliated entities"), the authority may, and may permit and direct any

affiliated entity to, transfer revenues, subsidies and other monies or

securities to one or more funds or accounts of another affiliated entity

for use by such other affiliated entity, provided at the time of such

transfer it is reasonably anticipated that the monies and securities so

transferred will be reimbursed, repaid or otherwise provided for by the

end of the next succeeding calendar year if reimbursement or repayment

is required by law or by any agreement to which any of the affected

affiliated entities is subject. Any revenues of an affiliated entity

that are transferred to another affiliated entity, which transfer was

not authorized by a provision of law other than this subdivision, shall

be considered to be required to be repaid to the affiliated entity which

was the source of such revenues by the end of the next succeeding

calendar year following such transfer.

7. The authority may lease railroad cars for use in its passenger

service pursuant to the provisions of chapter six hundred thirty-eight

of the laws of nineteen hundred fifty-nine.

8. The authority may do all things it deems necessary, convenient or

desirable to manage, control and direct the maintenance and operation of

transportation facilities, equipment or real property operated by or

under contract, lease or other arrangement with the authority and its

subsidiaries, and New York city transit authority and its subsidiaries.

Except as hereinafter specially provided, no municipality or political

subdivision, including but not limited to a county, city, village, town

or school or other district shall have jurisdiction over any facilities

of the authority and its subsidiaries, and New York city transit

authority and its subsidiaries, or any of their activities or

operations. The local laws, resolutions, ordinances, rules and

regulations of a municipality or political subdivision, heretofore or

hereafter adopted, conflicting with this title or any rule or regulation

of the authority or its subsidiaries, or New York city transit authority

or its subsidiaries, shall not be applicable to the activities or

operations of the authority and its subsidiaries, and New York city

transit authority, or the facilities of the authority and its

subsidiaries, and New York city transit authority and its subsidiaries,

except such facilities that are devoted to purposes other than

transportation or transit purposes. Each municipality or political

subdivision, including but not limited to a county, city, village, town

or district in which any facilities of the authority or its

subsidiaries, or New York city transit authority or its subsidiaries are

located shall provide for such facilities police, fire and health

protection services of the same character and to the same extent as

those provided for residents of such municipality or political

subdivision.

The jurisdiction, supervision, powers and duties of the department of

transportation of the state under the transportation law shall not

extend to the authority in the exercise of any of its powers under this

title. The authority may agree with such department for the execution by

such department of any grade crossing elimination project or any grade

crossing separation reconstruction project along any railroad facility

operated by the authority or by one of its subsidiary corporations or

under contract, lease or other arrangement with the authority. Any such

project shall be executed as provided in article ten of the

transportation law and the railroad law, respectively, and the costs of

any such project shall be borne as provided in such laws, except that

the authority's share of such costs shall be borne by the state.

9. Upon approval by the commissioner of transportation of the state of

New York of detailed plans and specifications, which approval may be

based upon considerations of relative need and the timing of

construction, the authority is authorized to design, construct,

maintain, operate, improve and reconstruct a highway bridge crossing

Long Island sound, as follows:

(a) Upon (i) the enactment by the state of Connecticut of legislation

having like effect as the provisions of this paragraph and the granting

of the consent of the congress of the United States of America to the

interstate compact thereby created, and (ii) in conformity with

recommendations of the New York-Connecticut bi-state bridge study

commission, the authority is authorized, in cooperation with any duly

designated agency or agencies of the state of Connecticut, to design,

construct, maintain, operate, improve and reconstruct a highway bridge

crossing Long Island sound from a point in the vicinity of the city of

Bridgeport in the state of Connecticut to a point in the vicinity of the

village of Port Jefferson in the state of New York, together with

approaches to such bridge; and to contract from time to time with such

agency or agencies of the state of Connecticut with respect to all

matters affecting these authorizations, including, without limitation,

the sharing of all capital, operational and maintenance expense (except

that the capital expense of the original construction of such bridge,

other than the expense of acquiring the needed real property, shall be

in the ratio of fifty per-centum for the authority and fifty per-centum

for such agency or agencies of the state of Connecticut), the manner and

by whom the work of design, construction, reconstruction, improvement,

maintenance and operation is to be performed or contracted to others for

performance, the tolls, fees and other charges to be imposed from time

to time for the use of such bridge, and the sharing of revenues derived

from the imposition of such tolls, fees and charges (except that net

revenues remaining after deduction of operational and maintenance

expense of such bridge shall be in the ratio of fifty per-centum for the

authority and fifty per-centum for the state of Connecticut or for such

agency or agencies of the state of Connecticut. Subject to the

limitations imposed upon the authority by the provisions of the said

contracts, that portion of the said bridge and its approaches situate

and lying within the territorial boundaries of the state of New York

shall be deemed a "transportation facility" of the authority for all the

purposes of this title, but tolls, fees and other charges imposed for

the use of such bridge shall not be deemed to have been imposed "for the

transportation of passengers" within the intendment of subdivision three

of this section.

(b) If funds are made available by the authority for the payment of

the cost and expense of the acquisition thereof, the commissioner of

transportation of the state of New York, when requested by the

authority, may acquire in the name of the state such real property lying

within the territorial boundaries of the state as may be determined from

time to time by the authority to be necessary, convenient or desirable

to carry out the authorizations set forth in paragraphs (a) and (b) of

this subdivision, may remove the owner or occupant thereof where

necessary and obtain possession and, when requested by the authority,

may dispose of any real property so acquired, all according to the

procedure provided in section thirty of the highway law. The authority

shall have the right to possess and use for its corporate purposes all

such real property so acquired, all according to the procedure provided

in section thirty of the highway law. The authority shall have the right

to possess and use for its corporate purposes all such real property so

acquired. Claims for the value of the property appropriated and for

legal damages caused by any such appropriation shall be adjusted and

determined by the commissioner of transportation with the approval of

the authority or by the court of claims as provided in section thirty of

the highway law. When a claim has been filed with the court of claims,

the claimant shall cause a copy of such claim to be served upon the

authority and the authority shall have the right to be represented and

heard before such court. All awards and judgments arising from such

claims shall be paid out of moneys of the authority.

(c) The authority, acting independently or jointly or in cooperation

with such agency or agencies of the state of Connecticut, may also apply

for and accept, upon condition or otherwise, from the duly authorized

agencies of the federal government, and of the governments of the states

of Connecticut and New York, such underwater and overwater grants of

real property, licenses or permits as shall be necessary, convenient or

desirable to carry out the authorizations set forth in paragraphs (a)

and (b) of this subdivision.

(d) The provisions of chapter four hundred forty-two of the laws of

nineteen hundred sixty-five (and of any agreement entered into in

pursuance thereof) relating to the repayment of a loan made by the state

to the authority for the purchase of the Long Island railroad shall be

inapplicable to (i) the construction of such bridges and their

approaches, (ii) bonds, notes or other obligations of the authority

issued for or in connection with the financing of the cost of design,

construction and reconstruction of such bridges and their approaches, or

the proceeds realized upon such issuance; and (iii) revenues derived

from the investment of such proceeds or of any part thereof, and from

the imposition of tolls, fees or other charges for the use of such

bridges.

10. Notwithstanding the provisions of any other law, general, special

or local, or of any agreement entered into in pursuance thereof,

relating to the repayment of any loan or advance made by the state to

the authority or to the New York city transit authority, neither the

authority nor the New York city transit authority shall be required to

repay any such loan or advance heretofore made from or by reason of the

issuance of bonds or notes of either of them or from the proceeds

realized upon such issuance or from any other funds received by either

of them from any source whatever in aid or assistance of the project or

projects for the financing of which such bonds or notes are issued.

11. No project to be constructed upon real property theretofore used

for a transportation purpose, or on an insubstantial addition to such

property contiguous thereto, which will not change in a material respect

the general character of such prior transportation use, nor any acts or

activities in connection with such project, shall be subject to the

provisions of article eight, nineteen, twenty-four or twenty-five of the

environmental conservation law, or to any local law or ordinance adopted

pursuant to any such article. Nor shall any acts or activities taken or

proposed to be taken by the authority or by any other person or entity,

public or private, in connection with the planning, design, acquisition,

improvement, construction, reconstruction or rehabilitation of a

transportation facility, other than a marine or aviation facility, be

subject to the provisions of article eight of the environmental

conservation law, or to any local law or ordinance adopted pursuant to

any such article if such acts or activities require the preparation of a

statement under or pursuant to any federal law or regulation as to the

environmental impact thereof.

12. The authority may, upon suitable notice to and an offer to consult

with an officer designated by the city of New York, occupy the streets

of the city of New York for the purpose of doing any work over or under

the same in connection with the improvement, construction,

reconstruction or rehabilitation of a transportation facility without

the consent of or payment to such city.

* 12-a. (a) Whenever the authority determines in consultation with the

city of New York that it is necessary to obtain the temporary or

permanent use, occupancy, control or possession of vacant or undeveloped

or underutilized but replaceable real property, or any interest therein,

or subsurface real property or any interest therein then owned by the

city of New York for a project in the two thousand fifteen to two

thousand nineteen, two thousand twenty to two thousand twenty-four, or

two thousand twenty-five to two thousand twenty-nine approved capital

programs in connection with (i) the installation of one or more

elevators to make one or more subway stations more accessible, (ii) the

construction or reconstruction of an electrical substation to increase

available power to the subway system to expand passenger capacity or

reliability, (iii) the capital project to construct four commuter

railroad passenger stations in the borough of the Bronx known as Penn

Station access, (iv) the Second Avenue Subway capital project, (v) the

Interborough Express capital project, or (vi) the construction or

reconstruction of signal or communication systems, the authority upon

approval by the board of the metropolitan transportation authority and

upon suitable notice and with the consent of the city of New York may

cause the title to such real property, or any interest therein, to be

transferred to the authority by adding it to the agreement of lease

dated June first, nineteen hundred fifty-three, as amended, renewed and

supplemented, authorized by section twelve hundred three of this

article, or may itself acquire title to such property from the city of

New York, and any such transfer or acquisition of real property shall be

subject to the provisions of subdivision five of section twelve hundred

sixty-six-c of this title. Nothing in this subdivision shall be deemed

to authorize any temporary or permanent transfer or acquisition of real

property, or interest therein, that is dedicated parkland without

separate legislative approval of such alienation.

(b) (i) Upon the execution of any transfer or acquisition pursuant to

this subdivision, which shall be final upon the approval by the board of

the metropolitan transportation authority and consent of the city of New

York, the fair market value shall be determined pursuant to this

paragraph. The authority shall make a written offer to pay to the city

of New York the fair market value of the authority's use, occupancy,

control, possession or acquisition of such property. The offer by the

authority shall be based on an appraisal of the value of such property

and a copy of such appraisal shall be included with the offer. Such

appraisal shall be done by an independent New York state licensed or

certified appraiser, who may not be employed by the authority, selected

at random from a panel of appraisers maintained by it for such purpose.

Such appraisal and a second appraisal, if required pursuant to

subparagraph (ii) of this paragraph, shall consider only the reasonably

anticipated lawful use of the property and its zoning designation under

the zoning resolution of the city of New York at the time the authority

notified the city of New York of its determination to use, occupy,

control, possess or acquire such property.

(ii) Within thirty days of receipt of the offer by the authority, the

city of New York may accept it, agree with the authority on another

amount, or request a second appraisal by an independent New York state

licensed or certified appraiser, who may not be employed by the city of

New York, selected at random by the city of New York from a panel of

appraisers maintained by it for such purpose. Such second appraisal

shall be completed within thirty days. If the second appraisal produces

an estimate of the fair market value of the property that is greater

than that of the first appraisal, the authority shall have ten days to

increase its offer to such higher amount, otherwise the two appraisers

shall reconcile their valuations and agree on a final valuation within

ten days, which shall be an amount not less than the first appraisal nor

greater than the second appraisal.

(c) Nothing in this subdivision shall be construed to affect or limit

the authority's power under subdivision twelve of this section.

* NB Repealed December 31, 2030

13. The authority and each of its subsidiary corporations shall place

on each transformer and substation which contains polychlorinated

biphenyls (PCBs) a symbol so indicating the presence of PCBs. Use of a

PCB mark illustrated in the rules and regulations promulgated pursuant

to the federal Toxic Substances Control Act shall constitute compliance

with the provisions of this subdivision.

14. Notwithstanding any other provisions of law or the terms of any

contract, the authority, in consultation with the Long Island Rail Road,

shall establish and implement a no fare program for transportation on

the Long Island Rail Road for police officers employed by the city of

New York, county of Nassau, Nassau county villages and cities, county of

Suffolk, Suffolk county villages and towns, the division of state

police, the port authority of New York and New Jersey, the Metro-North

Commuter Railroad Company, the New York city housing authority and the

New York city transit authority. In establishing such program, which has

as its goal increased protection and improved safety for its commuters,

the authority and the Long Island Rail Road shall, among other things,

consider: (a) requiring police officers who ride without cost to

register with the Long Island Rail Road as a condition of riding without

cost; (b) requiring such officers to indicate during such registration

process their regular working hours and the Long Island Rail Road trains

that such officers expect to ride; and (c) periodically re-registering

and re-validating such officers. The authority and the Long Island Rail

Road shall also have the power to consider other matters necessary to

carry out the goals and objectives of this section.

15. (a) Notwithstanding any other provisions of law or the terms of

any contract, the authority, in consultation with the New York city

transit authority, the Long Island Rail Road and the Metro-North

Commuter Railroad Company, shall establish and implement a no fare

program for transportation on New York city transit authority systems,

the Long Island Rail Road and the Metro-North Commuter Railroad Company

for individuals serving as personal care attendants accompanying an

Americans With Disabilities Act paratransit eligible individual.

(b) In order to be eligible for such no fare program the personal care

attendant must show his or her community based personal care attendant

agency issued identification card.

(c) In order to be considered accompanying an Americans With

Disabilities Act paratransit eligible individual the personal care

attendant shall have the same origin and destination as such paratransit

eligible individual.

16. Notwithstanding any other provision of law, the authority and any

of its subsidiary corporations shall establish and implement a half fare

rate program for persons with serious mental illness who are eligible to

receive supplemental security income benefits as defined pursuant to

title sixteen of the federal social security act and section two hundred

nine of the social services law.

17. Notwithstanding any conflicting provisions of general, special or

local law, and pursuant to the authority's 2000-2004 capital program

plans approved by the metropolitan transportation authority capital

program review board, the authority or any of its subsidiaries, the New

York city transit authority or any of its subsidiaries, or Triborough

bridge and tunnel authority, shall provide, from funds identified in

such approved 2000-2004 capital program plans, up to twelve million

dollars for the financing of a bus and heavy duty vehicles emission

research and testing facility and related equipment located in the state

of New York, whether within or outside of the transportation district,

which facility shall be operated by the department of environmental

conservation and shall be available for use on a non-exclusive basis by

the authority and any of its subsidiaries, the New York city transit

authority and any of its subsidiaries, and Triborough bridge and tunnel

authority.

18. The authority shall conduct a campaign of public outreach to

inform the public of the provisions pertaining to assault on employees

described in subdivision eleven of section 120.05 of the penal law.

19. In connection with their lawful responsibilities or functions, the

authority and its subsidiaries, including Metro-North Commuter Railroad,

the Long Island Rail Road, MTA bus and the Staten Island rapid transit

operating authority, the Triborough bridge and tunnel authority, and the

New York city transit authority and its subsidiary the Manhattan and

Bronx surface transit operating authority, are authorized to request,

receive and review criminal history information through the division of

criminal justice services with respect to any person applying for a

safety sensitive position. When requested, such applicant shall submit

to the authority or the requesting affiliate or subsidiary his or her

fingerprints in such form and in such manner as specified by the

division, for the purpose of conducting a criminal history search

identifying criminal convictions and pending criminal charges and

returning a report thereon in accordance with the procedures and

requirements established by the division pursuant to the provisions of

article thirty-five of the executive law, which shall include the

payment of the reasonable prescribed processing fee for the cost of the

division's full search and retention procedures and a national criminal

history record check. The authority or requesting affiliate or

subsidiary shall submit such fingerprints and the processing fee to the

division. The division shall forward to the authority or the requesting

affiliate or subsidiary a report with respect to the applicant's

previous criminal history, if any, or a statement that the applicant has

no previous criminal history according to its files. Fingerprints

submitted to the division pursuant to this subdivision may also be

submitted to the federal bureau of investigation for a national criminal

history record check. If additional copies of fingerprints are required,

the applicant shall furnish them upon request. Upon receipt of such

criminal history information, the authority or the requesting affiliate

or subsidiary shall provide such applicant with a copy of such criminal

history information, together with a copy of article twenty-three-A of

the correction law, and inform such applicant of his or her right to

seek correction of any incorrect information contained in such criminal

history information pursuant to regulations and procedures established

by the division of criminal justice services. The authority or the

requesting affiliate or subsidiary shall ensure that adequate notice be

provided to such applicant regarding the fact that state and national

criminal history record checks may be conducted. This provision shall

not preclude or alter the process by which a municipal civil service

commission obtains and provides background information pursuant to

subdivision four of section fifty of the civil service law relating to

applicants for civil service appointments at the New York city transit

authority and the Triborough bridge and tunnel authority.