S T A T E O F N E W Y O R K
________________________________________________________________________
10056
I N A S S E M B L Y
January 30, 2026
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend chapter 154 of the laws of 1921 relating to the port
authority of New York and New Jersey, in relation to port authority
organization, appearance and notice
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1, subparagraph 2 of paragraph d of subdivision
3 and subdivisions 5 and 6 of article 4 of section 1 of chapter 154 of
the laws of 1921 relating to the port authority of New York and New
Jersey, as amended by chapter 559 of the laws of 2015, paragraph a of
subdivision 6 as amended by chapter 104 of the laws of 2020, are amended
to read as follows:
1. Commissioners. A. The port authority shall consist of twelve VOTING
COMMISSIONERS AND FOUR NON-VOTING COMMISSIONERS AS DESCRIBED IN PARA-
GRAPH B OF THIS SUBDIVISION. OF THE TWELVE VOTING commissioners[,]
THERE SHALL BE six resident voters from the state of New York, at least
four of whom shall be resident voters of the city of New York, and six
resident voters from the state of New Jersey, at least four of whom
shall be resident voters within the New Jersey portion of the district,
the New York members to be chosen by the state of New York and the New
Jersey members by the state of New Jersey in the manner and for the
terms fixed and determined from time to time by the legislature of each
state respectively, except as herein provided. THE NEW YORK MEMBERS
SHALL BE APPOINTED BY THE GOVERNOR OF NEW YORK WITH THE ADVICE AND
CONSENT OF THE NEW YORK STATE SENATE. THE NEW JERSEY MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR OF NEW JERSEY WITH THE ADVICE AND CONSENT OF
THE NEW JERSEY STATE SENATE. Each commissioner may be removed or
suspended from office as provided by the law of the state from which
[he] SUCH COMMISSIONER shall be appointed. ANY COMMISSIONER APPOINTED TO
A TERM COMMENCING ON OR AFTER JANUARY 1, 2027 SHALL HAVE EXPERIENCE IN
ONE OR MORE OF THE FOLLOWING AREAS: TRANSPORTATION, PUBLIC ADMINIS-
TRATION, BUSINESS MANAGEMENT, FINANCE, ACCOUNTING, LAW, ENGINEERING,
LAND USE, URBAN AND REGIONAL PLANNING, MANAGEMENT OF LARGE CAPITAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01988-02-6
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PROJECTS, LABOR RELATIONS, OR EXPERIENCE IN SOME OTHER AREA OF ACTIVITY
CENTRAL TO THE MISSION OF THE PORT AUTHORITY. ONE OF THE SIX VOTING
COMMISSIONERS CHOSEN BY THE STATE OF NEW YORK SHALL BE APPOINTED ON THE
WRITTEN RECOMMENDATION OF THE MAYOR OF THE CITY OF NEW YORK. THE VOTING
COMMISSIONERS SHALL BE APPOINTED FOR A TERM OF FOUR YEARS AND SHALL
SERVE NO MORE THAN TWO TERMS. THE TERMS OF THE VOTING COMMISSIONERS
SHALL BE STAGGERED SO THAT TWO OF THE SIX VOTING COMMISSIONERS APPOINTED
BY THE STATE OF NEW YORK WILL HAVE THEIR TERMS EXPIRE IN ALTERNATING TWO
YEAR SHIFTS AND TWO OF THE SIX VOTING COMMISSIONERS APPOINTED BY THE
STATE OF NEW JERSEY WILL HAVE THEIR TERMS EXPIRE IN ALTERNATING TWO
YEARS SHIFTS.
B. THERE SHALL BE FOUR NON-VOTING COMMISSIONERS OF THE PORT AUTHORITY,
AS ESTABLISHED IN PARAGRAPH A OF THIS SUBDIVISION. THE FIRST NON-VOTING
COMMISSIONER SHALL BE A REGULAR MASS TRANSIT USER OF THE STATE OF NEW
YORK BASED FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVER-
NOR OF THE STATE OF NEW YORK BY A RIDER ADVOCACY GROUP. THE SECOND NON-
VOTING COMMISSIONER SHALL BE A REGULAR USER OF THE STATE OF NEW JERSEY
BASED FACILITIES OF THE AUTHORITY AND SHALL BE RECOMMENDED TO THE GOVER-
NOR OF THE STATE OF NEW JERSEY BY A RIDER ADVOCACY GROUP. THE THIRD
NON-VOTING COMMISSIONER SHALL BE RECOMMENDED TO THE GOVERNOR OF THE
STATE OF NEW YORK BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF
AUTHORITY EMPLOYEES WORKING IN THE STATE OF NEW YORK. THE FOURTH NON-
VOTING COMMISSIONER SHALL BE RECOMMENDED TO THE GOVERNOR OF THE STATE OF
NEW JERSEY BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF
AUTHORITY EMPLOYEES WORKING IN THE STATE OF NEW JERSEY. THE FOUR NON-
VOTING COMMISSIONERS OF THE PORT AUTHORITY SHALL BE APPOINTED FOR A TERM
OF FOUR YEARS AND SHALL SERVE NO MORE THAN TWO TERMS.
(2) For the purposes of this subdivision, the terms:
(i) "immediate family" shall mean: a spouse, parent, child, or
sibling; and
(ii) "interest" shall mean: (A) if the business organization is a
partnership, the board member or the board member's immediate family is
a partner or owner of [ten] ONE percent or more of the assets of the
partnership, or (B) if the business organization is a corporation, the
board member or the board member's immediate family owns or controls ten
percent or more of the stock of the corporation, or serves as a director
or officer of the corporation.
5. Whistleblower access and assistance program. a. The chief ethics
and compliance officer shall recommend to the board of commissioners a
whistleblower access and assistance program to be administered by the
inspector general which shall include, but not be limited to:
(1) establishing AN EMAIL ADDRESS AND toll-free telephone [and],
facsimile, AND TEXT MESSAGING lines available to employees;
(2) offering advice regarding employee rights under applicable state
and federal laws and advice and options available to all persons; and
(3) offering an opportunity for employees to identify concerns regard-
ing any issue at the port authority. Any communication between an
employee and the inspector general pursuant to this section shall be
held strictly confidential by the inspector general, unless the employee
specifically waives in writing the right to confidentiality, except that
such confidentiality shall not exempt the inspector general from
disclosing such information, where appropriate, to the board of commis-
sioners and/or any law enforcement authority.
b. The port authority shall not fire, discharge, demote, suspend,
threaten, harass, or discriminate against an employee because of the
A. 10056 3
employee's role as a whistleblower, insofar as the actions taken by the
employee are legal.
c. As used in this subdivision:
(1) "Employees" means those persons employed at the port authority,
including but not limited to: full-time and part-time employees, those
employees on probation, and temporary employees.
(2) "Whistleblower" means any employee of the port authority who IN
GOOD FAITH discloses information concerning acts of CORRUPTION, FRAUD,
wrongdoing, misconduct, malfeasance, or other inappropriate behavior by
an employee or board member of the port authority, INCLUDING, BUT NOT
LIMITED TO, concerning the port authority's investments, travel, acqui-
sition of real or personal property, the disposition of real or personal
property, or the procurement of goods and services.
D. THE WHISTLEBLOWER POLICY AND PROCEDURES SET FORTH HEREIN ARE NOT
INTENDED TO LIMIT, DIMINISH OR IMPAIR ANY OTHER RIGHTS OR REMEDIES THAT
AN INDIVIDUAL MAY HAVE UNDER THE LAW WITH RESPECT TO DISCLOSING POTEN-
TIAL WRONGDOING FREE FROM RETALIATION OR ADVERSE PERSONNEL ACTION.
6. Inspector general. a. The inspector general shall be responsible
for receiving and investigating, where appropriate, all complaints
regarding fraud, waste, and abuse by commissioners, officers, and
employees of the port authority or third-parties doing business with the
port authority. The inspector general shall also receive and investi-
gate complaints from any source, or upon [his or her] THE INSPECTOR
GENERAL'S own initiative, concerning allegations of corruption, fraud,
use of excessive force, criminal activity, conflicts of interest or
abuse by any police officer under the jurisdiction of the Port Authori-
ty. The inspector general shall also be responsible for conducting
investigations upon the inspector general's own initiative, as the
inspector general shall deem appropriate.
b. The inspector general shall inform the board of commissioners and
the chief executive officer of allegations received by the inspector
general and the progress of investigations related thereto, unless
special circumstances require confidentiality;
c. The inspector general shall determine with respect to allegations
received by the inspector general whether disciplinary action or civil
prosecution by the port authority is appropriate, and whether the matter
should be referred to an appropriate governmental agency for further
action;
d. The inspector general shall prepare and make available to the
public written reports of completed investigations, as appropriate and
to the extent permitted by law, subject to redactions to protect a need
for confidentiality. The release of all or portions of reports may be
deferred to protect the confidentiality of ongoing investigations.
e. The inspector general shall have the power to:
(1) administer oaths or affirmations and examine witnesses under oath;
(2) require the production of any books and papers deemed relevant or
material to any investigation, examination or review;
(3) notwithstanding any law to the contrary, examine and copy or
remove documents or records of any kind prepared, maintained or held by
the port authority and its subsidiaries;
(4) interview any officer or employee of the port authority or its
subsidiaries on any matter related to the performance of such officer or
employee's official duties. To the extent that [any portion of this
paragraph is inconsistent with any current contractual obligations of
the port authority, this paragraph shall not be applicable to those
obligations until the earliest expiration of those terms under the
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contract] THE TERMS AND CONDITIONS OF EMPLOYMENT OF ANY EMPLOYEE ARE
ESTABLISHED BY COLLECTIVE NEGOTIATIONS, ANY INTERVIEW CONDUCTED PURSUANT
TO THIS PARAGRAPH MUST BE IN ACCORDANCE WITH ANY APPLICABLE PROVISIONS
OF THE CURRENT, OR MOST RECENT, IF EXPIRED, COLLECTIVE NEGOTIATIONS
AGREEMENT COVERING THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE EMPLOY-
EE;
(5) monitor the implementation by the port authority of any recommen-
dations made by the inspector general; and
(6) perform any other functions that are necessary or appropriate to
fulfill the duties and responsibilities of office.
§ 2. Subdivision 1 of article 7-B of section 1 of chapter 154 of the
laws of 1921 relating to the port authority of New York and New Jersey,
as added by chapter 559 of the laws of 2015, is amended to read as
follows:
1. Needs assessment. The port authority shall require that a needs
assessment be conducted by an independent entity prior to any increase
in tolls for the use of any port authority bridge or tunnel, or fares
for the use of the port authority trans-Hudson corporation rail system.
The assessment shall be MADE PUBLICLY AVAILABLE IN A CONSPICUOUS
LOCATION ON THE PORT AUTHORITY'S WEBSITE AND presented by the independ-
ent entity to the board of commissioners at a public meeting to be held
at least ninety days prior to any meeting of the board of commissioners
to vote to any increase in the tolls for the use of any port authority
bridge or tunnel, or fares for the use of the port authority trans-Hud-
son corporation rail system.
§ 3. Subdivisions 3 and 4 of article 7-D of section 1 of chapter 154
of the laws of 1921 relating to the port authority of New York and New
Jersey, as added by chapter 559 of the laws of 2015, are amended to read
as follows:
3. Capital plan. The port authority shall adopt a [ten-year] FIVE-YEAR
capital plan that is developed using a comprehensive planning process
and risk-based prioritization that considers asset condition, opera-
tional and revenue impact, threat assessment, customer service, regional
benefit, and regulatory or statutory requirements. The capital plan
shall be dependent upon the availability of sufficient funding and other
resources to pursue the capital projects proposed for the ten-year peri-
od. Performance progress and revisions to reflect changes in programs,
policies and projects and the environment in which the port authority
operates shall be reviewed regularly by a committee designated by the
board of commissioners, and the capital plan shall be revised period-
ically as necessary and appropriate, and shall be reviewed with the
board of commissioners annually. The port authority shall publish an
annual report on the status of the capital program and such report shall
be made publicly available on the port authority's website. Prior to
adoption of a capital plan, the port authority shall make such proposed
plan available for public review and comments on its public website for
at least [two] FOUR weeks prior to approval, and all comments received
are to be distributed to the board of commissioners for review prior to
consideration of the capital plan.
4. [Operating budget] BUDGET. The port authority shall prepare a
detailed annual operating budget beginning with the fiscal year commenc-
ing after the effective date of the chapter of the laws of [2015] 2026
which [added] AMENDED this article. A preliminary annual operating budg-
et shall be made publicly available on the port authority's website in
July of every fiscal year and a final annual operating budget shall be
made publicly available in February of each fiscal year.
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§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 5. This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey shall have already enacted such
legislation this act shall take effect immediately. The chair or vice-
chair of the port authority as recommended by the governor of the state
of New York shall notify the legislative bill drafting commission upon
the occurrence of the enactment of the legislation provided for in
sections one, two and three of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.