Leader Brian Kolb Introduces “Thruway Authority Accountability Act”

Legislation would merge Thruway Authority with Department of Transportation, create a new board whose members must have transportation expertise, require a forensic audit of Thruway finances, establish a rational Thruway toll plan
November 16, 2012

Four Thruway toll hikes since 2004 and now a proposed 45 percent toll hike on trucks. Public hearings that excluded entire regions of the state and millions of New Yorkers. Canceled meetings and closed government. An unaccountable, unelected bureaucracy. This is the legacy of the New York State Thruway Authority, a broken, unresponsive public entity that isn’t working for taxpayers, says Assembly Minority Leader Brian Kolb (R,C,I-Canandaigua).

In response to the continued lack of accountability at the Thruway Authority, Leader Kolb is introducing legislation – the “Thruway Authority Accountability Act” – specifically designed to fix these chronic problems and make the Thruway Authority work. The Thruway Authority Accountability Act would restore accountability, increase efficiency and save taxpayer dollars by making structural reforms and statutory changes to the Thruway Authority. Highlights of Leader Kolb’s legislation include the following:

  1. Merge the Thruway Authority with the State Department of Transportation (DOT);
  2. Create a new Thruway Authority Board whose members must have transportation expertise;
  3. Make the State DOT Commissioner Chair of the Thruway Authority Board;
  4. Require a comprehensive forensic audit of Thruway Authority finances every three years – and release the audit’s findings to the public;
  5. Require any proposed Thruway toll hikes – and the reasons for the requested increases – be clearly identified in the State DOT’s budget; and
  6. Save taxpayer dollars by consolidating the Thruway Authority’s overlapping functions within the State DOT and streamlining the Authority through attrition.

“The Thruway Authority is not working. It’s not working for taxpayers, motorists, trucking companies or New York being open for business. The currently proposed 45 percent toll hike on trucks would actually be the fifth toll hike since 2004. As a frame of reference, in the first 50 years of the Thruway, there were only four toll increases. Clearly, the problems at the Authority are so severe, the lack of accountability so systemic, the fiscal irresponsibility so breathtaking, we need to hit the reset button and start over,” Leader Kolb said.

Leader Kolb noted that in December of last year, the Spending And Government Efficiency (SAGE) Commission appointed by Governor Cuomo had initially approved a proposal to share service and leadership teams between the State DOT and a new Thruway/Bridge Authority. However, the cost-savings merger proposed by SAGE did not make it into the Commission’s January 2012 recommendations.

“It’s not enough to just throw rocks and criticize the Thruway Authority. I want to fix the problems and make this broken arm of government work. The Thruway Authority Accountability Act builds on last year’s SAGE Commission recommendations, would fix the chronic problems and restore the Thruway Authority’s lost credibility. My legislation ensures a rational Thruway toll plan to assist in long-term financial planning,” Leader Kolb said.

The Thruway Authority has more than 3,000 employees with over $300 million in payroll and approximately $3.2 billion in outstanding bonds by end of this year. Under Leader Kolb’s legislation, the DOT would take over day-to-day operational oversight of the Thruway Authority that would continue to exist within DOT to protect outstanding bond obligations, and its credit rating, and thus prevent any default on debt.

Leader Kolb’s legislation would dissolve the current Thruway Board: a new board would be appointed with requirements that members must have transportation expertise. The DOT Commissioner would always serve as Chair. Presently, the Thruway Authority has seven appointed board members: one by Governor Pataki (who was later re-appointed), five by Governor Paterson and one by Governor Cuomo, all of whom serve staggered nine-year terms.

“This is not a ‘Minority versus Majority’ issue. Frankly, board appointees from both parties have played a role in allowing the Thruway Authority to operate with little regard for the impact its continued toll hikes have on hardworking families. Since both parties created the mess, both parties should work together to clean it up. My hope is this legislation receives true bi-partisan support. It doesn’t matter to me if my name is on the final bill – my only concern is making the Thruway Authority functional again,” Leader Kolb said.

Leader Kolb’s legislation also requires the Thruway Authority to undergo a comprehensive forensic audit every three years and publicly release the findings so policymakers, taxpayers and the media can review every dollar of the Authority’s spending.

In addition, Leader Kolb’s legislation would prohibit the termination of any Thruway Authority employees as consequence of the merger since the Authority’s problems have resulted from its unaccountable management and poor leadership. No employees would be laid off under Leader Kolb’s proposal; over time, cost savings to taxpayers would be achieved by attrition, which, for most State Agencies, occurs at rates estimated to be between five and ten percent annually. Further cost-savings mergers of state entities, such as the Bridge Authority or Canal Corporation, also would be on the table for discussion.