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Fact check: Is the New York City subway the state's responsibility?

A New York City subway train
New York Gov. Andrew Cuomo announced in June his intention to declare a state of emergency for New York City’s transit network following a series of power outages, derailments, and delays.[1] He also called on New York City officials to spend more money on the subway system—North America’s largest. In response, Mayor Bill de Blasio said the system is “the state’s responsibility.”[2]
Is de Blasio correct?
Yes. The network of subways, buses, and railroads fanning out from New York City through Long Island, southeastern New York State, and Connecticut is governed by the Metropolitan Transportation Authority (MTA).[3] The MTA is controlled by the governor and the New York State Legislature, although the city and various counties served by the system recommend representatives to the board.[4] By law, both the city and the state have a responsibility to contribute funds to the MTA, although there is no statutory funding formula.[5][6]
Background
Cuomo was first elected as governor of New York in 2010, then re-elected in 2014. Cuomo also served as New York attorney general from 2006 to 2010.
De Blasio has served as mayor of New York City since 2013 and is running for re-election in the Democratic primary on September 12. From 2010 to 2013, de Blasio served as New York City Public Advocate.
The state legislature established the MTA in 1968 as a public benefit corporation responsible for the development and improvement of commuter transportation within the metropolitan commuter transportation district, which includes New York City and seven adjacent counties.[7][8] From 1904 to 1953, the subway system was privately owned. In 1932, the city established the first city-run subway service. Throughout the 1940s, the city acquired the subway and trolley lines, as well as bus routes and elevated trains. In 1953, the legislature created the New York City Transit Authority (now an affiliate of the MTA) as a public corporation to lease transit facilities from the city and govern transit.[9]
MTA Governance
The MTA is governed by a 17-member board. Four representatives from Orange, Dutchess, Putnam, and Rockland counties collectively vote as one—resulting in a total of 14 votes among the 17 MTA members. All members must be confirmed by the state Senate.[4][10][11]
The governor appoints a chairman and a vice chairman and nominates four other board members. In addition, the governor appoints four members from recommendations by the mayor of New York City and one member from recommendations by each chief executive of Nassau, Westchester, Suffolk, Orange, Dutchess, Putnam, and Rockland counties.[4]
The governor may reject a candidate recommended by the mayor or the chief executives, and the Senate may refuse to confirm a gubernatorial nominee.[4]
MTA Funding
The MTA has separate funding for operations and for its five-year capital plan for repairing and improving the system. The MTA operating budget is funded mainly through farebox and toll revenue as well as taxes collected in the service region. The state legislature allocates the tax revenues and other state and local subsidies annually.[12][13]
The MTA's current capital plan spans 2015-2019 at a cost of $29.6 billion, which includes $8.3 billion from the state budget (a combination of tax dollars, bond proceeds, settlement funds primarily from financial institutions that violated laws, and federal resources); $8.2 billion in bonds issued by the MTA and its affiliate, the Triborough Bridge and Tunnel Authority; $6.9 billion in federal grants; and $2.5 billion from New York City.[14][15][16] In June, Cuomo pledged to contribute an additional $1 billion in state funding to subway repair, which must be authorized by the state.[17]
Capital plans must be approved by the Capital Plan Review Board, which is composed of four voting members appointed by the governor—one of whom must be recommended by the temporary president of the state Senate, one by the speaker of the state House, and one by the mayor of New York City (the latter may vote only on plans for projects within the city).[18]
Laws pertaining to capital funding
New York City has some legal responsibility to contribute to the capital plan. A 1953 law that authorized the leasing of the city's transit facilities by the New York City Transit Authority states that the city shall be responsible for up to $5 million in capital costs of the city's transit system. (Though the New York City Transit Authority later became an affiliate of the MTA, the law still stands.)[19][5]
A 1981 law declared a transportation emergency in New York City and surrounding counties and called for the development and implementation of the first capital repair plan. The law states that the transit system is a matter of state concern and that the city is not able to provide for the capital needs of the New York City Transit Authority. It states that the capital plan should include revenues from federal, state, and local government.[6]
Conclusion
New York Gov. Andrew Cuomo announced his intention to declare a state of emergency for New York City’s transit system following a series of derailments, power outages, and delays. He called on the city to spend more money to repair the aging subways. In response, New York City Mayor Bill de Blasio said the subway system is “the state’s responsibility.”[2]
Mayor de Blasio is correct. The transit system is governed by the Metropolitan Transportation Authority, which is controlled by the governor and the state legislature.[4] Both the city and the state contribute funds to the MTA, although there is no statutory funding formula.[5][6]
See also
- New York state budget and finances
- New York State Legislature
- Fact check/Do ridesharing services reduce drunk driving and related fatalities?
Sources and Notes
- ↑ Gov. Cuomo issued the emergency declaration on June 29, 2017. The declaration allows the Metropolitan Transportation Authority to bypass certain regulations in order to implement repairs more quickly. See New York State Governor Andrew M. Cuomo, "No. 168 Executive Order," June 29, 2017
- ↑ 2.0 2.1 CBS New York, "Cuomo Declares State Of Emergency For MTA, Calls Transit System’s State Of Decline ‘Unacceptable,’" June 29, 2017
- ↑ The New York City Transit Authority, an affiliate of the MTA, runs the day-to-day operations of the subway system; it is governed by the MTA.
- ↑ 4.0 4.1 4.2 4.3 4.4 Justia, "2016 New York Laws, Article 5, Title II, 1263 - Metropolitan transportation authority," accessed July 27, 2017
- ↑ 5.0 5.1 5.2 Justia, "2016 New York Laws, Article 5, Title 9, 1203 - Transfer of transit facilities by the city to the authority," accessed July 30, 2017
- ↑ 6.0 6.1 6.2 Verbatim obtained a photocopy of a 1981 law (L.1981, c. 314, sections 1 and 2) from the MTA press office. Amee LaTour, "Email communication with Kevin Ortiz," July 31, 2017
- ↑ Justia, "2016 New York Laws, Article 5, Title II, 1264 - Metropolitan commuter transportation authority," accessed July 28, 2017
- ↑ Justia, "2016 New York Laws, Article 5, Title II, 1262 - Metropolitan commuter transportation district," accessed August 4, 2017
- ↑ Metropolitan Transportation Authority, "New York City Transit - History and Chronology," accessed August 4, 2017
- ↑ In order for any decision to be enacted by the board, a quorum (at least enough board members to constitute nine votes) must be present and a majority vote must be reached.
- ↑ The board also includes six rotating non-voting representatives of transit riders and organized labor.
- ↑ The legislature allocates revenue to MTA from five tax sources: the Metropolitan Mass Transportation Operating Assistance Fund, the Payroll Mobility Tax, the Urban Tax, the Petroleum Business Tax, and the Mortgage Recording Tax.
- ↑ Metropolitan Transit Authority, "MTA 2017 Adopted Budget," accessed July 29, 2017
- ↑ Metropolitan Transit Authority, "MTA Capital Program 2015-2019, Amendment No. 2 As Proposed to the MTA Board," May 2017 (Page 29)
- ↑ The Official Website of New York State, "FY 2018 Executive Budget Briefing Book: Investing in Infrastructure," accessed August 4, 2017
- ↑ In October 2015, the city and state reached an agreement on their capital plan contribution amounts under the following conditions: that the state and city fund on the same schedule on a proportionate basis; that projects funded within the city by the city's contribution are planned with input from the city's board representatives; that priority be given to projects based on city input; and that neither the city nor the state (unless the governor declares a state of fiscal emergency) divert funds from the capital plan or the MTA for other purposes. Metropolitan Transportation Authority, "Governor, Mayor, and MTA Chairman Announce Agreement on Funding for MTA Capital Program," October 10, 2015
- ↑ Wired, "Want to Fix NYC’s Subway Emergency? You’ll Need More Than $1B," July 1, 2017
- ↑ Justia, "2016 New York Laws, Article 5, Title II, 1269-A - Metropolitan transportation authority capital program review board," accessed August 9, 2017
- ↑ Metropolitan Transportation Authority, "Creation and Structure: The Related Entities," accessed August 8, 2017

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