Senate Bill S4450A

2011-2012 Legislative Session

Requires all public authorities owning, leasing, and controlling critical infrastructure to study the potential consequences of privatization

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Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2012	print number 4450a
Jan 24, 2012	amend and recommit to corporations, authorities and commissions
Jan 04, 2012	referred to corporations, authorities and commissions
Apr 06, 2011	referred to corporations, authorities and commissions

Bill Amendments

Original

A (Active)

2011-S4450 - Details

See Assembly Version of this Bill:: A5754
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4117
2013-2014: A5588
2015-2016: A3231
2017-2018: A4870

2011-S4450 - Summary

Requires all public authorities owning, leasing, and controlling critical infrastructure to study the potential consequences of privatization.

2011-S4450 - Sponsor Memo

                                BILL NUMBER:S4450

TITLE OF BILL:
An act
requiring all public authorities owning, leasing, and controlling
critical infrastructure to study the potential consequences of
privatization

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require all public
authorities to suspend all action in regard to transferring critical
infrastructure to the private business sector, until each of such
public authorities has issued a study reporting on the effects of
privatization on the infrastructure.

SUMMARY OF SPECIFIC PROVISIONS:
All public authorities shall suspend
all action with regard to privatization of transportation
infrastructure. All public authorities shall issue a report on the
effects of privatization of transportation infrastructure to the
Assembly Committees on Corporations, Authorities and Commissions,
Economic Development, Transportation, and Ways and Means and to the
Senate Committees on Commerce, Economic Development and Small
Business, Corporations, Authorities and Commissions, and
Transportation. Each public authority report should analyze in
detail, the fiscal ramifications of privatization of critical

infrastructure and compare the specifics of any proposed project to
any existing privatization initiatives in the United States.

JUSTIFICATION:
This bill would require public authorities to analyze
the long-term fiscal implications of privatizing critical
infrastructure. Public authorities should be required to show proof
that a one time cash infusion resulting from selling public assets is
preferable to the decades of future income and tighter control of
price increases that currently exist. The possibility exists that
taxpayers will be left with higher tolls and poorer service when
private entities begin seeking greater profits from privatized
infrastructure. The Legislature needs the specific details of any and
all deals that would privatize infrastructure in New York State,
before any precedent-setting deals are completed.

PRIOR LEGISLATIVE HISTORY:
2006:    A.10736
2007:    A.1021
2009-10: A.4117 - Reported from Corporations Committee to Ways & Means

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law, except that any rule or regulation
necessary for the timely implementation of this act on its effective
date shall be promulgated on or before such date.

2011-S4450 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4450

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions

AN ACT requiring all public authorities owning, leasing, and controlling
  critical infrastructure to study the potential consequences of  priva-
  tization

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. 1. New York state  must  have  suffi-
cient  numbers  of  properly  designed  and maintained bridges, tunnels,
roads, airports, ports, container ports and railroads ("critical infras-
tructure") in order to retain its economic competitiveness and grow  its
economy.
  2.  Much  of the state's existing critical infrastructure is aging, is
experiencing capacity problems, has had maintenance problems, or in some
other manner has become  a  candidate  for  re-engineering,  rebuilding,
replacement or supplementation.
  3. The most critical and expensive infrastructure in New York state to
re-engineer,  rebuild  or  replace  is under the control or ownership of
public authorities, and such critical transportation  infrastructure  is
under  consideration  for  sale,  long-term  lease  or other transfer of
ownership or control to the private business sector ("privatization").
  S 2. 1. All  public  authorities  shall  immediately  suspend  issuing
concessions  or selling or otherwise transferring, or issuing notices of
inquiry ("NOIs") or requests for proposal ("RFPs") for leasing, or sell-
ing or otherwise transferring control  of  any  critical  transportation
infrastructure, until each of such public authorities has issued a study
reporting  on  the  effects  of privatization of critical transportation
infrastructure, and all public authorities shall  forbear  from  issuing
concessions  or selling or otherwise transferring, or issuing notices of
inquiry  ("NOIs") or requests for proposals  ("RFPs")  for  leasing,  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09603-01-1

S. 4450                             2

selling or otherwise transferring control of any critical transportation
infrastructure  during  the pendency of such studies (the "privatization
report").
  2.  (a) Each public authority shall issue its individual report to the
assembly  committees  on  corporations,  authorities  and   commissions,
economic  development,  transportation,  and  ways and means, and to the
senate committees on commerce, economic development and small  business,
corporations,  authorities  and  commissions,  and  transportation  (the
"Committees").
  (b) Each public  authority's  report  shall  evaluate  in  detail  the
following:
  (i)  the  impact  that  sale  or  transfer  of control of its critical
infrastructure would have upon the authority's ability to  pay  any  and
all  debt  it has issued, or succeeded to, that is guaranteed or secured
by any revenues arising from the authority's critical infrastructure, or
by the ownership of such critical infrastructure;
  (ii) whether the critical infrastructure involved any existing  priva-
tization initiatives in the United States are comparable in scope, scale
and  value  to  the  critical  infrastructure  controlled  by the public
authority ("comparable projects");
  (iii) the progress to date of any comparable projects and whether  any
such  projects  have  experienced  cost overruns or delays, or otherwise
have failed, or succeeded, in meeting the deadlines and costs put  forth
by the private entity.
  3.  (a)  The privatization report shall be due on or within 14 days of
December 1, 2011. Within 90 days after the date  each  public  authority
submits  the  report  provided for in subdivision one of this section to
the committees, such committees may, severally or  collectively,  submit
further issues for study and inclusion in such report, which said public
authorities  shall  study  and include within such report within 60 days
after receipt of any such submission, at which point said public author-
ities shall submit the privatization report to the governor, the  tempo-
rary  president of the senate, the speaker of the assembly, the minority
leaders of the senate and assembly, the chairperson and ranking minority
member of the senate corporations, authorities and  commissions  commit-
tee,  and  the  chairperson  and ranking minority member of the assembly
corporations, authorities and commissions committee.
  (b) The governor, the temporary president of the senate,  the  speaker
of  the  assembly,  the minority leaders of the senate and assembly, the
chairperson and ranking minority  member  of  the  senate  corporations,
authorities  and  commissions committee, and the chairperson and ranking
minority member of the assembly corporations,  authorities  and  commis-
sions  committee  shall  have a period of 90 days within which to submit
further issues for study and inclusion in such report, which said public
authorities shall study and include within such report  within  60  days
after receipt of any such submission.
  (c)  No  public authority shall take any action to privatize any crit-
ical infrastructure owned by it, leased by it, or  otherwise  controlled
by  it,  including  but  not  limited  to the actions enumerated in this
section, until the privatization  report,  including  responses  to  its
submission  by  the committees, legislators and the executives mentioned
above shall, have been completed and submitted to said persons.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law.  Any  rule  or regulation necessary for the timely
implementation of this act on its effective date may be  promulgated  on
or before such date.

2011-S4450A (ACTIVE) - Details

See Assembly Version of this Bill:: A5754
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Public Authorities
Versions Introduced in Other Legislative Sessions:: 2009-2010: A4117
2013-2014: A5588
2015-2016: A3231
2017-2018: A4870

2011-S4450A (ACTIVE) - Summary

Requires all public authorities owning, leasing, and controlling critical infrastructure to study the potential consequences of privatization.

2011-S4450A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4450A

TITLE OF BILL:
An act
requiring all public authorities owning, leasing, and controlling
critical infrastructure to study the potential consequences of
privatization

PURPOSE OR GENERAL IDEA OF BILL:
This bill would require all public
authorities to suspend all action in regard to transferring critical
infrastructure to the private business sector, until each of such
public authorities has issued a study reporting on the effects of
privatization on the infrastructure.

SUMMARY OF SPECIFIC PROVISIONS:
All public authorities shall suspend
all action with regard to privatization of transportation
infrastructure. All public authorities shall issue a report on the
effects of privatization of transportation infrastructure to the
Assembly Committees on Corporations, Authorities and Commissions,
Economic Development, Transportation, and Ways and Means and to the
Senate Committees on Commerce, Economic Development and Small
Business, Corporations, Authorities and Commissions, and
Transportation. Each public authority report should analyze in
detail, the fiscal ramifications of privatization of critical

infrastructure and compare the specifics of any proposed project to
any existing privatization initiatives in the United States.

JUSTIFICATION:
This bill would require public authorities to analyze
the long-term fiscal implications of privatizing critical
infrastructure. Public authorities should be required to show
proof that a one time cash infusion resulting from selling public
assets is preferable to the decades of future income and tighter
control of price increases that currently exist. The possibility
exists that taxpayers will be left with higher tolls and poorer
service when private entities begin seeking greater profits from
privatized infrastructure. The Legislature needs the specific details
of any and all deals that would privatize infrastructure in New York
State, before any precedent-setting deals are completed.

PRIOR LEGISLATIVE HISTORY:
2011 - S.4450/A.5754 -- CORPORATIONS/Corporations

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect on the
ninetieth day after

it shall have become a law, except that any rule or regulation
necessary for the timely implementation of this act on its effective
date shall be promulgated on or before such date.

2011-S4450A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4450--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Corporations, Author-
  ities and Commissions -- recommitted to the Committee on Corporations,
  Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT requiring all public authorities owning, leasing, and controlling
  critical infrastructure to study the potential consequences of  priva-
  tization

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. 1. New York state  must  have  suffi-
cient  numbers  of  properly  designed  and maintained bridges, tunnels,
roads, airports, ports, container ports and railroads ("critical infras-
tructure") in order to retain its economic competitiveness and grow  its
economy.
  2.  Much  of the state's existing critical infrastructure is aging, is
experiencing capacity problems, has had maintenance problems, or in some
other manner has become  a  candidate  for  re-engineering,  rebuilding,
replacement or supplementation.
  3. The most critical and expensive infrastructure in New York state to
re-engineer,  rebuild  or  replace  is under the control or ownership of
public authorities, and such critical transportation  infrastructure  is
under  consideration  for  sale,  long-term  lease  or other transfer of
ownership or control to the private business sector ("privatization").
  S 2. 1. All  public  authorities  shall  immediately  suspend  issuing
concessions  or selling or otherwise transferring, or issuing notices of
inquiry ("NOIs") or requests for proposal ("RFPs") for leasing, or sell-
ing or otherwise transferring control  of  any  critical  transportation
infrastructure, until each of such public authorities has issued a study
reporting  on  the  effects  of privatization of critical transportation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09603-02-2

S. 4450--A                          2

infrastructure, and all public authorities shall  forbear  from  issuing
concessions  or selling or otherwise transferring, or issuing notices of
inquiry  ("NOIs") or requests for proposals  ("RFPs")  for  leasing,  or
selling or otherwise transferring control of any critical transportation
infrastructure  during  the pendency of such studies (the "privatization
report").
  2. (a) Each public authority shall issue its individual report to  the
assembly   committees  on  corporations,  authorities  and  commissions,
economic development, transportation, and ways and  means,  and  to  the
senate  committees on commerce, economic development and small business,
corporations,  authorities  and  commissions,  and  transportation  (the
"Committees").
  (b)  Each  public  authority's  report  shall  evaluate  in detail the
following:
  (i) the impact that sale  or  transfer  of  control  of  its  critical
infrastructure  would  have  upon the authority's ability to pay any and
all debt it has issued, or succeeded to, that is guaranteed  or  secured
by any revenues arising from the authority's critical infrastructure, or
by the ownership of such critical infrastructure;
  (ii)  whether the critical infrastructure involved any existing priva-
tization initiatives in the United States are comparable in scope, scale
and value to  the  critical  infrastructure  controlled  by  the  public
authority ("comparable projects");
  (iii)  the progress to date of any comparable projects and whether any
such projects have experienced cost overruns  or  delays,  or  otherwise
have  failed, or succeeded, in meeting the deadlines and costs put forth
by the private entity.
  3. (a) The privatization report shall be due on or within 14  days  of
December  1,  2012.  Within 90 days after the date each public authority
submits the report provided for in subdivision one of  this  section  to
the  committees,  such committees may, severally or collectively, submit
further issues for study and inclusion in such report, which said public
authorities shall study and include within such report  within  60  days
after receipt of any such submission, at which point said public author-
ities  shall submit the privatization report to the governor, the tempo-
rary president of the senate, the speaker of the assembly, the  minority
leaders of the senate and assembly, the chairperson and ranking minority
member  of  the senate corporations, authorities and commissions commit-
tee, and the chairperson and ranking minority  member  of  the  assembly
corporations, authorities and commissions committee.
  (b)  The  governor, the temporary president of the senate, the speaker
of the assembly, the minority leaders of the senate  and  assembly,  the
chairperson  and  ranking  minority  member  of the senate corporations,
authorities and commissions committee, and the chairperson  and  ranking
minority  member  of  the assembly corporations, authorities and commis-
sions committee shall have a period of 90 days within  which  to  submit
further issues for study and inclusion in such report, which said public
authorities  shall  study  and include within such report within 60 days
after receipt of any such submission.
  (c) No public authority shall take any action to privatize  any  crit-
ical  infrastructure  owned by it, leased by it, or otherwise controlled
by it, including but not limited  to  the  actions  enumerated  in  this
section,  until  the  privatization  report,  including responses to its
submission by the committees, legislators and the  executives  mentioned
above shall, have been completed and submitted to said persons.

S. 4450--A                          3

  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law. Any rule  or  regulation  necessary  for  the  timely
implementation  of  this act on its effective date may be promulgated on
or before such date.

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Senate Bill S4450A

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

Bill Amendments

2011-S4450 - Details

2011-S4450 - Summary

2011-S4450 - Sponsor Memo

2011-S4450 - Bill Text download pdf

2011-S4450A (ACTIVE) - Details

2011-S4450A (ACTIVE) - Summary

2011-S4450A (ACTIVE) - Sponsor Memo

2011-S4450A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

Bill Amendments

2011-S4450 - Details

2011-S4450 - Summary

2011-S4450 - Sponsor Memo

2011-S4450 - Bill Text download pdf

2011-S4450A (ACTIVE) - Details

2011-S4450A (ACTIVE) - Summary

2011-S4450A (ACTIVE) - Sponsor Memo

2011-S4450A (ACTIVE) - Bill Text download pdf

Comments