What's happening
This bill removes the Metropolitan Commuter Transportation Authority's exemption from state environmental quality review requirements.
Why it matters
Ensures the MTA’s projects undergo environmental scrutiny. By removing the MTA’s exemption from the State Environmental Quality Review Act (SEQRA), the bill means that future MTA projects will be subject to the same environmental impact assessments as other public and private projects, potentially slowing or altering projects but increasing transparency and public input.
Expands public participation and oversight. The requirement for environmental reviews opens the door for more public hearings, comment periods, and legal challenges, giving affected communities and stakeholders a greater voice in transportation planning and project development.
May affect project timelines and costs. Environmental reviews can add time and expense to the planning and execution of transportation projects, which could delay upgrades, repairs, or expansions but also help avoid costly environmental or legal issues later.
Promotes environmental accountability for large-scale infrastructure. The change holds a major public authority responsible for assessing and mitigating environmental impacts, aligning MTA operations with broader state goals on environmental protection and sustainable development.
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Who cares
Headline styles
End MTA Environmental Exemption
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End MTA Environmental Exemption
In Assembly Committee · Corporations, Authorities And Commissions · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4816
2019-2020 Regular Sessions
IN SENATE
March 26, 2019
Introduced by Sen. PARKER -- 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 eliminating the metropolitan commuter transportation authority's environmental quality review exemption
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 3 and 11 of section 1266 of the public authorities law, subdivision 3 as amended and subdivision 11 as added by chapter 314 of the laws of 1981, are amended to read as follows:
3. The authority may establish, levy and collect or cause to be established, levied and collected and, in the case of a joint service arrangement, join with others in the establishment, levy and collection of such fares, tolls, rentals, rates, charges and other fees as it may deem necessary, convenient or desirable for the use and operation of any transportation facility and related services operated by the authority or by a subsidiary corporation of the authority or under contract, lease or other arrangement, including joint service arrangements, with the authority. Any such fares, tolls, rentals, rates, charges or other fees for the transportation of passengers shall be established and changed only if approved by resolution of the authority adopted by not less than a majority vote of the whole number of members of the authority then in office, with the chairman having one additional vote in the event of a tie vote, and only after a public hearing, provided however, that fares, tolls, rentals, rates, charges or other fees for the transportation of passengers on any transportation facility which are in effect at the time that the then owner of such transportation facility becomes a subsidiary corporation of the authority or at the time that operation of such transportation facility is commenced by the authority or is commenced under contract, lease or other arrangement, including joint service arrangements, with the authority may be continued in effect
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02547-01-9
S. 4816 2
without such a hearing. Such fares, tolls, rentals, rates, charges and other fees shall be established as may in the judgment of the authority be necessary to maintain the combined operations of the authority and its subsidiary corporations on a self-sustaining basis. The said operations shall be deemed to be on a self-sustaining basis as required by this title, when the authority is able to pay or cause to be paid from revenue and any other funds or property actually available to the authority and its subsidiary corporations (a) as the same shall become due, the principal of and interest on the bonds and notes and other obligations of the authority and of such subsidiary corporations, together with the maintenance of proper reserves therefor, (b) the cost and expense of keeping the properties and assets of the authority and its subsidiary corporations in good condition and repair, and (c) the capital and operating expenses of the authority and its subsidiary corporations. The authority may contract with the holders of bonds and notes with respect to the exercise of the powers authorized by this section. [No acts or activities taken or proposed to be taken by the authority or any subsidiary of the authority pursuant to the provisions of this subdivision shall be deemed to be "actions" for the purposes or within the meaning of article eight of the environmental conservation law.]
11. No project to be constructed upon real property theretofore used for a transportation purpose, or on an insubstantial addition to such property contiguous thereto, which will not change in a material respect the general character of such prior transportation use, nor any acts or activities in connection with such project, shall be subject to the provisions of article [eight,] nineteen, twenty-four or twenty-five of the environmental conservation law, or to any local law or ordinance adopted pursuant to any such article. [Nor shall any acts or activities taken or proposed to be taken by the authority or by any other person or entity, public or private, in connection with the planning, design, acquisition, improvement, construction, reconstruction or rehabilitation of a transportation facility, other than a marine or aviation facility, be subject to the provisions of article eight of the environmental conservation law, or to any local law or ordinance adopted pursuant to any such article if such acts or activities require the preparation of a statement under or pursuant to any federal law or regulation as to the environmental impact thereof.]
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public authorities law, in relation to eliminating the metropolitan commuter transportation author- ity's environmental quality review exemption
Purpose or general idea of bill
This bill would eliminate special exemptions to the State Environmental Quality Review Act that apply solely to the Metropolitan Transportation Authority (MTA).
Summary of specific provisions
Section 1 amends subdivisions 3 and 11 of section 1266 of the public authorities law by removing language which exempts the metropolitan commuter transportation authority from environmental quality review under article eight of the environmental conservation law.
Section 2 sets forth an immediate effective date.
Justification
The State Environmental Quality Review Act (SEQRA) is New York State's fundamental environmental protection law. It requires government agen- cies to consider the potential environmental impacts of actions they propose to take before making any decision to take those actions.
There are several exemptions to SEQRA sprinkled throughout the Consol- idated Laws. However, these exemptions tend to be very narrow and apply only to acquisitions of specific properties. For example, the New York Power Authority (NYPA) enjoys a SEQRA exemption that is limited to the acquisition and purchase of the Sheridan Avenue steam plant in Albany. The MTA's SEQRA exemptions allow the authority to take just about any action without any environmental review. This is extremely unusual and perhaps unique. Public authorities that perform functions similar those performed by the MTA, including transportation authorities across the state such as the Niagara Frontier Transportation Authority, the Roches- ter-Genesee Regional Transportation Authority, the Capital District Transportation Authority, and the Central New York Regional Transporta- tion Authority, enjoy no SEQRA exemptions.
The MTA owns a great deal of real property, operates a huge quantity of equipment and affects the lives of millions of New Yorkers. Its actions can have very substantial environmental impacts and should be reviewed. This legislation will ensure that the MTA will be held to the same stan- dard as other state public authorities and agencies.
Prior legislative history
2017-18: 55048 - REFERRED TO TRANSPORTATION 2013-14: Referred to Transportation 2011-12: Referred to Transportation 2009-10: Referred to Transportation; Reported to Finance 2007-08: Referred to Corporations, Authorities, and Commissions
Fiscal implications
Undetermined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.