NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A633
SPONSOR: Carroll TITLE OF BILL:
An act to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to create ten-year capital program
plans
PURPOSE OR GENERAL IDEA OF BILL:
This bill will require the MTA to create a ten-year fiscal plan to
design a capital program, plan rather than the current 5-year capital
program plan.
SUMMARY OF PROVISIONS:
Paragraphs a, b, c and d of subdivision of section 1269-b of the public
authorities law are amended to say that on or before Oct. 1st, 2021, the
MTA must submit a two capital program plans for the 20 year period
commencing on January 1st of the following year to the Metropolitan
Transportation Capita). Program Review Board. Paragraph e of subdivision
7 of section 1269-b of the public authorities law as amended to require
that on or before January 31st every 10th year following 2021 that the
authority shall submit to the MTA Capital Program Review board two capi-
tal program plans.
JUSTIFICATION:
Changing the timing for the MTA Capital program plans from the current 5
year plan to a 10 year plan was recommended by the Metropolitan Trans-
portation Sustainability Advisory Workgroup in December 2018 and would
be helpful since planning and execution of complex capital projects
frequently takes longer than the current five-year capital planning
process. A ten-year capital planning process wouldn't reduce CPRB over-
sight and would still require legislative review and CPRB approval
midway through a capital program-much like the current process for
amending the capital plan. Additionally, the Port Authority of New York
and New Jersey has a ten-year planning and budget cycle.
PRIOR LEGISLATIVE HISTORY:
A.7088/S.5130 of 2019-20
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
633
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. CARROLL, JACOBSON, REYES, SIMON, SAYEGH, DeSTEFA-
NO -- Multi-Sponsored by -- M. of A. COOK, DE LA ROSA -- read once and
referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to create ten-year capital
program plans
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
2 1269-b of the public authorities law, paragraph (a) as amended and para-
3 graphs (b) and (c) as added by chapter 637 of the laws of 1996, are
4 amended and two new paragraphs (d) and (e) are added to read as follows:
5 (a) On or before October first, nineteen hundred eighty-one, and on or
6 before October first of every fifth year thereafter, through and includ-
7 ing October first, nineteen hundred ninety-one, the authority shall
8 submit to the metropolitan transportation authority capital program
9 review board two capital program plans for the five year period commenc-
10 ing January first of the following year;
11 (b) [not] Not later than ten days after the effective date of this
12 paragraph the authority shall submit to the metropolitan transportation
13 authority capital program review board two capital program plans for the
14 five-year period commencing January first, nineteen hundred ninety-five;
15 [and]
16 (c) [on] On or before October first, nineteen hundred ninety-nine and
17 every fifth year thereafter through and including October first, two
18 thousand sixteen, the authority shall submit to the metropolitan trans-
19 portation authority capital program review board two capital program
20 plans for the five-year period commencing January first of the following
21 year[.];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05387-01-1
A. 633 2
1 (d) On or before October first, two thousand twenty-one, the authority
2 shall submit to the metropolitan transportation capital program review
3 board two capital program plans for the ten-year period commencing Janu-
4 ary first of the following year; and
5 (e) On or before January thirty-first, two thousand thirty-one, and
6 every tenth year thereafter, the authority shall submit to the metropol-
7 itan transportation capital program review board two capital program
8 plans for the ten-year period commencing January first of the following
9 year.
10 § 2. Paragraph (a) of subdivision 7 of section 1269-b of the public
11 authorities law, as amended by chapter 929 of the laws of 1986, is
12 amended to read as follows:
13 (a) The authority may from time to time submit to the metropolitan
14 transportation authority capital program review board amendments or
15 modifications to any [five-year] ten-year plan theretofore submitted,
16 and shall submit such an amendment or modification (i) if the estimated
17 cost of any capital element for which a specified dollar amount was
18 proposed to be expended exceeds the amount set forth in the approved
19 plan for such element by more than ten percent, (ii) if with respect to
20 a particularly described capital element for which only an estimate of
21 projected cost has been provided in the plan there is a material change
22 in the description of such element from that contained in the approved
23 plan, (iii) if a capital element not previously included in the approved
24 plan is proposed to be undertaken and its cost, together with the cost
25 of other elements included in category (l) of the plan, exceeds by ten
26 percent the amount provided for such category (l) elements, (iv) if the
27 authority shall propose to change by more than one year the time when
28 any capital element is proposed to be initiated or the effect of such
29 change will be to increase the estimated amount of capital funding
30 required in any year covered by the plan by more than twenty percent, or
31 (v) if the availability of funding sources changes to the degree to
32 which the authority or the Triborough bridge and tunnel authority are
33 precluded from exercising the authorization provided in subdivision six
34 of this section and the authority wishes to do so.
35 § 3. This act shall take effect immediately.
