N.Y. Public Authorities Law § 1279-e: Assignment, transfer, sharing or consolidating powers, functions or activities

§ 1279-e. Assignment, transfer, sharing or consolidating powers,

functions or activities. 1. (a) Notwithstanding any provision of this

title or any other provision of law, general, special or local, the

authority shall develop and complete a personnel and reorganization plan

no later than June thirtieth, two thousand nineteen which shall, in

whole or in part, assign, transfer, share, or consolidate any one or

more of its powers, duties, functions or activities or any department,

division or office established therewith, or any of those of its

subsidiaries, or affiliates or their subsidiaries, within or between

itself, its subsidiaries or affiliates or their subsidiaries, including,

but not limited to the New York City Transit Authority, the Long Island

Rail Road, the Metro North Commuter Railroad Company, MTA Capital

Construction, MTA New York City Bus, Triborough bridge and tunnel

authority, and the MTA Staten Island Railway, in a manner consistent

with the provisions of this section. Such plan shall identify common

functions and assign, transfer, share or consolidate, in whole or in

part, such functions between the authority and its subsidiaries,

affiliates and subsidiaries of affiliates and shall be accompanied by an

independent evaluation of existing personnel within or between itself,

its subsidiaries, or affiliates or their subsidiaries in coordination

with the authority's senior management. This plan shall be approved by

the board of the authority by July thirtieth, two thousand nineteen.

Upon such approval, the board shall also appoint a director of MTA

transformation whose responsibilities shall include implementing the

personnel and reorganization plan and reporting directly to the board

regarding the director's activities.

(b) Upon receipt of the review pursuant to section twelve hundred

seventy-nine-f of this title the authority shall revise the personnel

and reorganization plan to consider and incorporate the findings of such

review within ninety days of receipt. Such revised personnel and

reorganization plan shall be approved by the board of the authority.

2. Such assignment, transfer, sharing, or consolidation pursuant to

this section shall occur only if approved by resolution of the board of

the authority, serving on behalf of the authority and any affected

subsidiary or affiliate or their subsidiary, 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.

3. Pursuant to this section, any such assigning, transferring,

sharing, or consolidating of powers, duties, functions or activities

shall not be authorized where it would impair any rights and remedies of

any holders of notes, bonds or other obligations issued by the

authority, its subsidiaries, or affiliates or their subsidiaries.

Nothing set forth in this section shall be construed to impede, infringe

or diminish the rights and benefits that accrue to employees and

employers through collective bargaining agreements, or impact or change

an employee's membership in a bargaining unit.

4. No consolidation shall result in the complete dissolution or merger

within or between the authority or its subsidiaries, affiliates or their

subsidiaries.