Relates to the submission of a twenty-year capital needs assessment to the metropolitan transportation authority capital program review board; provides that such assessment shall be adopted by not less than a majority of members of the authority in the office, except in the event of a tie.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8857
SPONSOR: Carroll TITLE OF BILL:
An act to amend the public authorities law, in relation to the
submission of a twenty-year capital needs assessment to the metropolitan
transportation authority capital program review board
PURPOSE OR GENERAL IDEA OF BILL:
This bill is intended to create greater transparency for the MTA in the
capital program process
SUMMARY OF PROVISIONS:
Subdivision c of section 1269-c of the public authorities law, as added
by section 1 of subpart E of part ZZZ of chapter 59 of the laws of 2019
is amended to confirm the MTA capital program by MTA board majority vote
in addition to including specific cost estimates to achieve a state of
good repair on MTA systems in order to make improvements and enhance
service
JUSTIFICATION:
The MTA's 20-year needs assessment is the first step in putting together
the MTA's five-year capital program. The assessment informs the invest-
ments that must be made to keep the subway, bus, and commuter rail
systems in a state of good repair, improve and expand the system, and
ensure the sustainability and resiliency of the network. Without cost
estimates to show exactly how much must be invested in each element of
the system - subway cars, buses, tracks, and signals for example - it is
impossible to know if the proposed and final five-year capital programs
are making the right investments based on the resources and funding that
is currently available.
Additionally, the MTA Board members have a fiduciary duty to the author-
ity, and a logical extension of this duty is the requirement to approve
the MTA's needs assessments, particularly given the requirement in
Public Authorities Law for the MTA Board to have a capital program over-
sight committee. Lastly, inclusion of cost estimates allows the state
legislature and Capital Program Review Board to better determine if the
right investments are being made.
As stated by the Citizen's Budget Commission in 2023, "despite the
substantial report and detailed appendices, New Yorkers still do not
know if it will cost $20 billion, $70 billion, or some other amount over
the next five years to start to bring the system to a state of good
repair so that deterioration does not cause major service problems and
siphon operating funds for increased maintenance." This bill will statu-
torily require MTA to maintain transparency in that process.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8857
IN ASSEMBLY
January 18, 2024
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the
submission of a twenty-year capital needs assessment to the metropol-
itan transportation authority capital program review board
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision c of section 1269-c of the public authorities
2 law, as added by section 1 of subpart E of part ZZZ of chapter 59 of the
3 laws of 2019, is amended to read as follows:
4 c. On or before October first, two thousand twenty-three, and on or
5 before October first of every fifth year thereafter, the authority shall
6 submit to the metropolitan transportation authority capital program
7 review board a twenty-year capital needs assessment. Such assessment
8 shall be adopted by not less than a majority vote of the whole number of
9 members of the authority then in office, except that in the event of a
10 tie vote the chairman shall cast one additional vote. Such assessment
11 shall begin with the period commencing January first, two thousand twen-
12 ty-five, and begin each assessment with every fifth year thereafter, and
13 describe capital investments over the succeeding twenty years. Such
14 assessment shall: (1) set forth broad long-term capital investments to
15 be made throughout the district, including at a minimum, identifying
16 specific non-binding cost estimates by element for the next five-year
17 period and total estimates by element over the full twenty-year period
18 necessary to: (i) achieve a state of good repair; (ii) maintain the
19 normal replacement of assets; (iii) improve the system; and (iv) expand
20 service; and (2) establish a non-binding basis to be used by the author-
21 ity in the planning of strategic investments involving capital elements
22 in its five-year capital plans. Such assessment shall not require a vote
23 of the metropolitan transportation authority capital program review
24 board and shall be for informational purposes only. For purposes of this
25 section, "broad long-term capital investments" shall include but not be
26 limited to: system rebuilding, enhancement, and expansion needs; agency
27 needs broken down by capital element or investment category; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13759-02-4
A. 8857 2
1 projected future trends and network implications. Such assessment shall
2 be certified by the chairman of the authority and shall be entered into
3 the permanent record of the minutes of the review board.
4 § 2. This act shall take effect immediately.
