NY State Senate Bill 2023-S1301

Senate Bill S1301

2023-2024 Legislative Session

Requires the MTA to submit an annual report on all contract cost overruns that exceed one million dollars

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to transportation
Jan 11, 2023	referred to transportation

2023-S1301 (ACTIVE) - Details

See Assembly Version of this Bill:: A5585
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Add §1269-h, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A11108
2019-2020: S3612, A724
2021-2022: S3677, A5730

2023-S1301 (ACTIVE) - Summary

Requires the MTA to submit an annual report on all minor and major contract cost overruns; establishes such report shall include a list of all contracts where overruns exceed one million dollars, all contracting firms involved, the winning bid amounts, the actual costs incurred, a description of the project, completion delays, and an analysis of why the contract bid amount was exceeded.

2023-S1301 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1301

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to requiring the
metropolitan transportation authority to create an annual report on all
minor and major contract cost overruns

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the MTA to produce an annual report on all minor, median and
major contract cost overruns.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends the public authorities law by adding a
new section 1269-h to provide that the Metropolitan Transportation
Authority shall create an annual report on all minor, median and major
contract cost overruns.

The report shall include, but not be limited to, all such contracts, all

contracting firms involved in such contracts, winning bid amounts, actu-
al cost incurred, description of the project, completion delays and a
detailed analysis of why the contract bid amount was exceeded.

The report will be in a form prescribed by the authority and accessible
in electronic format.

The report will be delivered to the governor, the temporary president of
the senate and the speaker of the assembly on or before February
fifteenth of each calendar year and will include all required informa-
tion and all relevant contracts as required from the preceding calendar
year with the first report submitted on February fifteenth after this
sections effective date.

 
JUSTIFICATION:

The MTA is the nation's largest public transportation network, serving
over 15 million people.

The MTA continues to experience ballooning project costs and cost over-
runs of contracts. For example, the cost of the East Side access project
to link the Long Island Railroad to Grand Central Terminal has grown
from an estimated $2.2 billion to a current $11 billion, and may contin-
ue to grow. By requiring the MTA to annually report on contract cost
overruns to the Legislature and the Governor, this bill will ensure
accountability and transparency in MTA's contracting procedures.

 
PRIOR LEGISLATIVE HISTORY:

2022: S3677

2017-18: A.11108 Referred to Corporations, Authorities and Commissions

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S1301 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1301
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 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 requiring the
   metropolitan transportation authority to create an  annual  report  on
   all minor and major contract cost overruns

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1269-h to read as follows:
   §  1269-H.  REPORT  ON  CONTRACT COST OVERRUNS. 1. THE AUTHORITY SHALL
 CREATE AN ANNUAL REPORT ON ALL MINOR AND MAJOR CONTRACT COST OVERRUNS.
   2. FOR THE PURPOSES OF THIS SECTION, "MINOR COST CHANGE" IS DEFINED AS
 A CHANGE EQUAL TO OR GREATER THAN TEN PERCENT BUT LESS THAN  TWENTY-FIVE
 PERCENT OF THE ORIGINAL PROJECT COST; "MEDIAN COST CHANGE" IS DEFINED AS
 A  CHANGE  EQUAL  TO  OR  GREATER THAN TWENTY-FIVE PERCENT BUT LESS THAN
 FIFTY PERCENT OF THE ORIGINAL PROJECT COST; AND "MAJOR COST  CHANGE"  IS
 DEFINED  AS  A  CHANGE  EQUAL  TO  OR  GREATER THAN FIFTY PERCENT OF THE
 ORIGINAL PROJECT COST.
   3. SUCH REPORT SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO: A  LIST  OF
 ALL  CONTRACTS  WITH  MINOR COST CHANGES, MEDIAN COST CHANGES, AND MAJOR
 COST CHANGES; ALL CONTRACTING FIRMS  INVOLVED  IN  SUCH  CONTRACTS;  THE
 WINNING  BID  AMOUNTS  OF  SUCH CONTRACTS; THE ORIGINAL AND ACTUAL COSTS
 INCURRED FROM  SUCH  CONTRACTS,  AND  THE  DIFFERENCE  BETWEEN  THE  TWO
 NUMBERS;  A DESCRIPTION OF THE PROJECT; COMPLETION DELAYS, IF ANY; AND A
 DETAILED ANALYSIS OF WHY THE CONTRACT BID AMOUNT WAS EXCEEDED.
   4. SUCH REPORT SHALL BE IN A FORM  PRESCRIBED  BY  THE  AUTHORITY  AND
 SHALL BE ACCESSIBLE IN ELECTRONIC FORMAT.
   5. EACH REPORT SHALL BE DELIVERED TO THE GOVERNOR, THE TEMPORARY PRES-
 IDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE THE
 FIFTEENTH OF FEBRUARY OF  EACH  CALENDAR  YEAR  AND  SHALL  CONTAIN  ALL
 REQUIRED  INFORMATION  AND  ALL  RELEVANT  CONTRACTS AS REQUIRED BY THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02897-01-3

 S. 1301                             2
 
 SECTION FROM THE PRECEDING CALENDAR YEAR.  THE  FIRST  REPORT  SHALL  BE
 SUBMITTED  ON THE FIFTEENTH OF FEBRUARY AFTER THE EFFECTIVE DATE OF THIS
 SECTION.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.