NY State Senate Bill 2021-S3677

Senate Bill S3677

2021-2022 Legislative Session

Requires the MTA to submit an annual report on all contract cost overruns that exceed one million dollars

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Jan 30, 2021	referred to transportation

2021-S3677 (ACTIVE) - Details

See Assembly Version of this Bill:: A5730
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1269-h, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11108
2019-2020: S3612, A724
2023-2024: S1301, A5585

2021-S3677 (ACTIVE) - Summary

Requires the MTA to submit an annual report on all minor and major contract cost overruns; establishes such report shall include a list of all contracts where overruns exceed one million dollars, all contracting firms involved, the winning bid amounts, the actual costs incurred, a description of the project, completion delays, and an analysis of why the contract bid amount was exceeded.

2021-S3677 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3677

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to create an annual report on all
minor and major contract cost overruns

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the MTA to produce an annual report on all minor, median and
major contract cost overruns.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the public authorities law by adding a
new section 1269-h to provide that the Metropolitan Transportation
Authority shall create an annual report on all minor, median and major
contract cost overruns.

The report shall include, but not be limited to, all such contracts, all
contracting firms involved in such contracts, winning bid amounts, actu-
al cost incurred, description of the project, completion delays and a
detailed analysis of why the contract bid amount was exceeded.

The report will be in a form prescribed by the authority and accessible
in electronic format.

The report will be delivered to the governor, the temporary president of
the senate and the speaker of the assembly on or before February
fifteenth of each calendar year and will include all required informa-
tion and all relevant contracts as required from the preceding calendar
year with the first report submitted on February fifteenth after this
sections effective date.

 
JUSTIFICATION:

The MTA is the nation's largest public transportation network, serving
over 15 million people.

The MTA continues to experience ballooning project costs and cost over-
runs of contracts. For example, the cost of the East Side access project
to link the Long Island Railroad to Grand Central Terminal has grown
from an estimated $2.2 billion to a current $11 billion, and may contin-
ue to grow. By requiring the MTA to annually report on contract cost
overruns to the Legislature and the Governor, this bill will ensure
accountability and transparency in MTA's contracting procedures.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A.11108 Referred to Corporations, Authorities and Commissions

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S3677 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3677
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, in relation to requiring the
   metropolitan transportation authority to create an  annual  report  on
   all minor and major contract cost overruns

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1269-h to read as follows:
   §  1269-H.  REPORT  ON  CONTRACT COST OVERRUNS. 1. THE AUTHORITY SHALL
 CREATE AN ANNUAL REPORT ON ALL MINOR AND MAJOR CONTRACT COST OVERRUNS.
   2. FOR THE PURPOSES OF THIS SECTION, "MINOR COST CHANGE" IS DEFINED AS
 A CHANGE EQUAL TO OR GREATER THAN TEN PERCENT BUT LESS THAN  TWENTY-FIVE
 PERCENT OF THE ORIGINAL PROJECT COST; "MEDIAN COST CHANGE" IS DEFINED AS
 A  CHANGE  EQUAL  TO  OR  GREATER THAN TWENTY-FIVE PERCENT BUT LESS THAN
 FIFTY PERCENT OF THE ORIGINAL PROJECT COST; AND "MAJOR COST  CHANGE"  IS
 DEFINED  AS  A  CHANGE  EQUAL  TO  OR  GREATER THAN FIFTY PERCENT OF THE
 ORIGINAL PROJECT COST.
   3. SUCH REPORT SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: A  LIST  OF
 ALL  CONTRACTS  WITH  MINOR COST CHANGES, MEDIAN COST CHANGES, AND MAJOR
 COST CHANGES; ALL CONTRACTING FIRMS  INVOLVED  IN  SUCH  CONTRACTS;  THE
 WINNING  BID  AMOUNTS  OF  SUCH CONTRACTS; THE ORIGINAL AND ACTUAL COSTS
 INCURRED FROM  SUCH  CONTRACTS,  AND  THE  DIFFERENCE  BETWEEN  THE  TWO
 NUMBERS;  A DESCRIPTION OF THE PROJECT; COMPLETION DELAYS, IF ANY; AND A
 DETAILED ANALYSIS OF WHY THE CONTRACT BID AMOUNT WAS EXCEEDED.
   4. SUCH REPORT SHALL BE IN A FORM  PRESCRIBED  BY  THE  AUTHORITY  AND
 SHALL BE ACCESSIBLE IN ELECTRONIC FORMAT.
   5. EACH REPORT SHALL BE DELIVERED TO THE GOVERNOR, THE TEMPORARY PRES-
 IDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE THE
 FIFTEENTH OF FEBRUARY OF  EACH  CALENDAR  YEAR  AND  SHALL  CONTAIN  ALL
 REQUIRED  INFORMATION  AND  ALL  RELEVANT  CONTRACTS AS REQUIRED BY THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07623-02-1

 S. 3677                             2
 
 SECTION FROM THE PRECEDING CALENDAR YEAR.  THE  FIRST  REPORT  SHALL  BE
 SUBMITTED  ON THE FIFTEENTH OF FEBRUARY AFTER THE EFFECTIVE DATE OF THIS
 SECTION.
   § 2. This act shall take effect immediately.

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