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Bill

Bill

S 10222

Relates to the organization of the Port Authority

2025 Regular Session Introduced by Leroy Comrie

Strengthen Port Authority governance, transparency, and oversight with independent IG, whistleblower protections, MWBE goals, public capital planning, and reporting requirements.

REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
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Bill Summary · S 10222

Overview

Bill S 10222 (2025-2026) from New York proposes comprehensive reforms to the Port Authority of New York and New Jersey. The measure focuses on governance, transparency, public accountability, capital planning, subsidiary oversight, whistleblower protections, and minority- and women-owned business enterprise (MWBE) participation. The act would take effect only after New Jersey enacts identical legislation (or immediately if New Jersey has already done so).

Main purpose and intent

  • Strengthen governance and independence of the Port Authority.
  • Enhance transparency, public participation, and legislative oversight.
  • Improve capital planning processes, project oversight, and reporting.
  • Expand MWBE opportunities and enforce accountability in contracting.
  • Establish formal mechanisms for whistleblower protections and inspector general (IG) powers.

Key provisions and changes

1) Port Authority governance (12 voting commissioners; 4 non-voting)

  • Voting commissioners: 6 from New York (at least 4 NYC residents) and 6 from New Jersey (at least 4 from the NJ portion of the district).
  • Appointment: New York Governor appoints NY commissioners with Senate consent; New Jersey Governor appoints NJ commissioners with Senate consent.
  • Qualifications: Beginning with terms starting on/after Jan 1, 2027, new commissioners must have relevant experience (transportation, public administration, finance, law, engineering, urban planning, labor relations, etc.).
  • NY governor must appoint one NY commissioner on the written recommendation of the Mayor of NYC.
  • Terms: 6-year terms, max two terms; staggered expirations for NY and NJ commissioners.

2) Non-voting commissioners

  • Four non-voting commissioners:
    • A regular mass transit user from NY, recommended by a rider advocacy group (NY).
    • A regular user from NJ, recommended by a rider advocacy group (NJ).
    • A representative from the labor organization representing the majority of NY Authority employees.
    • A representative from the labor organization representing the majority of NJ Authority employees.
  • Each non-voting commissioner serves 6 years, max two terms.

5) Whistleblower access and assistance program

  • Creates a whistleblower program administered by the inspector general (IG) with:
    • Confidential channels (email, toll-free number, fax, text) for reporting concerns.
    • Guidance on employee rights under laws and options for reporting.
    • Strong confidentiality unless waived in writing (with exceptions for ongoing investigations or board/authority disclosures).
  • Protections against retaliation for legally protected whistleblowing.
  • Defines employees and whistleblowers and preserves other legal remedies.

6) Inspector General

  • IG handles fraud, waste, abuse, corruption, conflicts of interest, and related complaints.
  • IG reports to the board and CEO, with confidentiality considerations.
  • IG can determine disciplinary or civil action and may refer matters to law enforcement.
  • Requires public, redacted reports when appropriate; grants broad investigative powers (oaths, document access, interviewing, etc.), subject to employment terms.

3) Needs assessment and appearance requirements

  • Requires independent needs assessments before toll/tunnel or Trans-Hudson fares increases; assessment publicly available and presented 90 days before board votes on increases.
  • Authority must appear before state legislatures on request (NY and NJ), with defined representation requirements.

4) Subsidiaries of the Port Authority

  • Notice requirements to state leaders before creating subsidiaries (at least 60 days prior).
  • Board approval required to form subsidiaries.
  • Annual subsidiary report to Governors and legislatures, including structure, purposes, and governance details.
  • Debt issuance notice requirements to state leaders before debt is issued by subsidiaries or on behalf of subsidiaries.
  • Prohibits subsidiaries created to evade collective bargaining or remove certified employee organizations.

3) Capital planning and reporting (new subdivisions)

  • Five-year capital plan (replacing prior ten-year plan) with risk-based prioritization and public input.
  • Major capital projects defined as those exceeding $500 million; independent engineering consultants to monitor major projects; annual public consultant reports comparing actual vs. target performance.
  • Public notice and legislative review 60 days before adoption or major revisions; mandatory public hearings in NY and NJ; annual capital status update hearings.
  • Capital project data to be published on a public dashboard with detailed project information, budgets, schedules, and progress, updated quarterly and downloadable in machine-readable format.

6) MWBE programs

  • Requires meaningful MWBE participation in projects, with independent disparity studies to guide contracting strategies.
  • Establishes standards, monitoring procedures, and annual reporting on MWBE participation, waivers, penalties, and expenditures.
  • Annual MWBE report due by May 15th each year and posted on the Port Authority website.

Who would be affected

  • Port Authority governance and operations (board, CEO, CFO, IG, and staff).
  • NY and NJ legislators and executive branches due to enhanced reporting, appearances, and capital-plan oversight.
  • Contractors and subsidiaries of the Port Authority, with new transparency and MWBE requirements.
  • MWBEs seeking participation in Port Authority projects.
  • Transit riders and labor unions represented within both states.

Procedural and timeline aspects

  • Effective date contingent on New Jersey enacting identical legislation; otherwise immediate if New Jersey already enacted similar provisions.
  • Implementation includes phased changes starting 2027 for new commissioner qualifications and staggered terms.
  • Requires public engagement processes (needs assessments, capital plan reviews, hearings) and quarterly dashboards.

This bill aims to modernize governance, tighten oversight, and enhance transparency and equity in Port Authority operations.

Compiled from official sources — confirm details with the bill’s official record.

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