S T A T E O F N E W Y O R K
________________________________________________________________________
8857
I N A S S E M B L Y
January 18, 2024
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
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
A. 8857 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.