BILL NUMBER: S5148
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:
2024: S8099 Comrie/ A8857 Carroll
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5148: 1269-c public authorities law, 1269-c(c) public authorities law