NY State Senate Bill 2023-S8099

Senate Bill S8099

2023-2024 Legislative Session

Relates to the submission of a twenty-year capital needs assessment to the metropolitan transportation authority capital program review board

download bill text pdf

Current 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 08, 2024	referred to transportation

2023-S8099 (ACTIVE) - Details

See Assembly Version of this Bill:: A8857
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §1269-c, Pub Auth L

2023-S8099 (ACTIVE) - Summary

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.

2023-S8099 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8099

SPONSOR: COMRIE
 
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 of MTA in the capi-
tal 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.

2023-S8099 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8099
 
                             I N  S E N A T E
 
                              January 8, 2024
                                ___________
 
 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   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:
 
   Section  1.  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 read as follows:
   c. On or before October first, two thousand twenty-three,  and  on  or
 before October first of every fifth year thereafter, the authority shall
 submit  to  the  metropolitan  transportation  authority capital program
 review board a twenty-year capital needs assessment.    SUCH  ASSESSMENT
 SHALL BE ADOPTED BY NOT LESS THAN A MAJORITY VOTE OF THE WHOLE NUMBER OF
 MEMBERS  OF  THE AUTHORITY THEN IN OFFICE, EXCEPT THAT IN THE EVENT OF A
 TIE VOTE THE CHAIRMAN SHALL CAST ONE ADDITIONAL  VOTE.  Such  assessment
 shall begin with the period commencing January first, two thousand twen-
 ty-five, and begin each assessment with every fifth year thereafter, and
 describe  capital  investments  over  the  succeeding twenty years. Such
 assessment shall: (1) set forth broad long-term capital  investments  to
 be  made  throughout  the  district, INCLUDING AT A MINIMUM, IDENTIFYING
 SPECIFIC NON-BINDING COST ESTIMATES BY ELEMENT FOR  THE  NEXT  FIVE-YEAR
 PERIOD  AND  TOTAL ESTIMATES BY ELEMENT OVER THE FULL TWENTY-YEAR PERIOD
 NECESSARY TO: (I) ACHIEVE A STATE OF  GOOD  REPAIR;  (II)  MAINTAIN  THE
 NORMAL  REPLACEMENT OF ASSETS; (III) IMPROVE THE SYSTEM; AND (IV) EXPAND
 SERVICE; and (2) establish a non-binding basis to be used by the author-
 ity in the planning of strategic investments involving capital  elements
 in its five-year capital plans. Such assessment shall not require a vote
 of  the  metropolitan  transportation  authority  capital program review
 board and shall be for informational purposes only. For purposes of this
 section, "broad long-term capital investments" shall include but not  be
 limited  to: system rebuilding, enhancement, and expansion needs; agency
 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
 S. 8099                             2
 
 projected  future trends and network implications. Such assessment shall
 be certified by the chairman of the authority and shall be entered  into
 the permanent record of the minutes of the review board.
   § 2. This act shall take effect immediately.

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