BILL NUMBER: S4367
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
 
PURPOSE:
To set specific deadlines and clear criteria for the submission of t he
MTA Twenty-Year Capital Needs Assessment to the MTA Capital Program
Review Board.
 
SUMMARY OF PROVISIONS:
Section one amends section 1269-b of the public authorities law by
adding a new subdivision 10, which provides that 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 metropol-
itan transportation authority capital program review board a twenty-year
capital needs assessment. Such assessment shall begin with the period
commencing January first, two thousand twenty-five, and begin each
assessment with every fifth year thereafter, and propose investments
over the succeeding twenty years. Such assessment shall: (a) set forth
broad long-term capital investments, defined as-system rebuilding,
enhancement, and expansion needs; agency needs broken down by capital
element or investment category; and projected future trends and network
implications-to be made throughout the district; and (b) establish a
non-binding basis to be used by the authority in the planning of strate-
gic investments involving capital elements in its five-year capital
plans. The assessment shall be certified by the MTA Chair and entered
into the permanent record of the MTA Capital Program Review Board.
Furthermore, language is provided to clarify that the document is for
informational and planning purposes only and thus does not require a
vote of the MTA Capital Program Review Board.
Section two provides the effective date, which is immediate.
 
JUSTIFICATION:
Pursuant to section 1269-b of the Public Authorities Law, the Metropol-
itan Transportation Authority (MTA) completes a Capital Plan every five
years. The Capital Plan is a short-range plan, usually four to six
years, which identifies capital projects and equipment purchases,
provides a planning schedule and identifies options for financing the
plan.(1) In addition, the MTA completes a Twenty-Year Capital Needs
Assessment every five years, which sets forth broad, long-term capital
investment goals and provides a roadmap for the drafting of the Capital
Plan. The MTA has described the Twenty-Year Capital Needs. Assessment
as a "critical building block for the development" of the Capital
Plan.(2) However, there is currently no provision in the law that
requires the MTA to develop and complete the Assessment let alone a
specific deadline for when it must be submitted to the MTA Capital
Program Review Board, so there is no requirement that the Assessment be
submitted before the MTA submits its Capital Plan. To correct this gap
in the law, this legislation amends the Public Authorities Law to
require the MTA to develop, complete and submit to its Capital Program
Review Board a Twenty-Year Capital Needs Assessment by October first
beginning in 2023 and by October first of every fifth year thereafter.
The deadline structure created by this bill would mean that beginning in
2023, the MTA Twenty-Year Capital Needs Assessment will have to be
submitted one year prior to the submission of the MTA Capital Plan.
Requiring the MTA develop, complete and submit its Twenty-Year Capital
Needs Assessment every five years by an October first deadline in the
year preceding the submission of its Capital Plan will afford the Capi-
tal Review Board, and by extension the Legislature, sufficient time to
thoroughly review the Assessment before it receives and approves the
Capital Plan.
 
LEGISLATIVE HISTORY:
2024: S3020 Comrie/ A9483 Hyndman
2022: S5849
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S4367: 1269-c public authorities law