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Fix the institutions

that are failing us

Most of the public institutions that govern Recommendations


the region were established in a different era. Transform the way we govern and
Because of this legacy, the regions 782 muni- pay for transportation / 41
cipalities are responsible for critical decisions 1. Reduce the cost of building rail transit / 42
about land use, property taxes, and schools 2. Restructure the Port Authority to function
as a regional infrastructure bank / 45
despite this structure increasing costs, inducing
3. Create a Subway Reconstruction
sprawl, and exacerbating inequality. Our transit Public Benefit Corporation / 49
system, for example, is technologically outdated 4. Modernize transit systems outside New York City / 53
and cannot keep pace with a growing ridership, 5. Charge drivers to enter Manhattan, price highways,
and transition to vehicle-miles tolling / 56
as the institutions that oversee the subways,
trains, and buses are not empowered to properly Create new institutions and funding
invest in and upgrade infrastructure. When faced to tackle climate change / 60
with new challenges such as climate change, pub- 6. Reduce greenhouse gas emissions with a cap-and-
trade market modeled after Californias program / 61
lic institutions are slow to take action, and do so 7. Establish a Regional Coastal Commission / 65
piecemeal and without adequate funding. 8. Institute climate Adaptation Trust
Funds in all three states / 69
Solving such daunting problems will require pub-
Change fundamental inequities in
lic officials and citizens to reassess fundamental
how we govern land use / 71
assumptions about public institutions. Empow- 9. Reduce reliance on local property taxes / 72
ered to serve the region and its residents, these 10. Create regional school districts and services / 76
bodies can and should be reformed to accelerate 11. Make New York City property taxes fair / 80
progress toward solving todays major challenges 12. Make the planning and development process
more inclusive, predictable, and efficient / 84
of affordability, infrastructure investment, and
climate change resilience. Make technology policy a core part
of governments business / 88
13. Increase participation in local government / 89
14. Expand affordable internet access across the region / 92
15. Create a Regional Census to support better
use of data for public purposes / 96

40 Regional Plan Association|The Fourth Regional Plan


Transform the way
we govern and pay
for transportation
The regions network of buses, commuter rail lines, and subways has not kept
up with the tremendous growth in demand for living and working in dense,
walkable communities that depend on public transportation. Despite limited
new investments, on the whole, service has gotten worse. Delays and disrup-
tions are rising, debt is increasing, maintenance and repairs are pushed off,
and major capacity-expansion proposals are over budget and behind sched-
uleor simply not on the table at all. Meanwhile, our roads and highways,
many of which are in deteriorating condition, are constantly congested.

The institutional and funding structures we have today are not capable of
delivering an efficient transportation network, and should be reformed.
Reducing the cost of building new projects is essential to improving the
transportation network. Decision-making and regulatory and labor prac-
tices should be updated to deliver projects faster and cheaper. Agencies and
authorities need to be restructured to improve accountability and prioritize
service delivery and accountability. Congestion should be managed far more
effectively by charging drivers in the regions Central Business District, and
ultimately, on other highways and roads.

The Fourth Regional Plan 41


Fix the institutions that are failing usTransform the way we govern and pay for transportation

1. Reduce the cost of


building rail transit

Equity
Medium

Health
Medium

Prosperity
High

Sustainability
High

Photo: MTA / Patrick J. Cashin

Rail transit projects cost more and take longer The way we build large-scale
to build in the New York region than any- transit infrastructure is too
where else in the world. For transit riders as expensive and takes too long.
well as taxpayers, that means higher costs,
less reliable service, and a system that fails to The huge cost of new transit infrastructure will make it
nearly impossible to expand and modernize the regions
reach many areas or provide affordable and overcrowded subways and commuter rails, undermining
frequent connections. Without a world-class economic growth and failing to serve outlying communities.
transit system, access to jobs, workers, and Other global cities are pressing their advantages, attracting
new business, and building important economically driven
services becomes limited and efforts to estab- infrastructure.
lish sustainable and energy-efficient land use
are weakened. To build the next generation of These extraordinarily high costs are not the fault of any sin-
gle institution or individual. They reflect decades of planning
transportation and other infrastructure the and building practices, such as complicated site logistics,
region needs, we must reform the entire pro- counterproductive regulations, complex codes, institutional
cess of building new infrastructurefrom how inefficiencies, bonding requirements, and outdated labor
practices.
political leaders set priorities to procurement
practices and labor work rules. As the high costs contributing to the slow pace of proj-
ect delivery increase and project schedules are continu-
ally stretched, public confidence in government to deliver
improvements erodes. Budgets are surpassed, deadlines are
missed, and the responsible agencies struggle to complete
projects.

42 Regional Plan Association|The Fourth Regional Plan


Cost overruns and long completion times are particularly Achieving these reforms will be difficult, requiring strong
onerous when building subways and other rail transit. East political leadership, good-faith labor-management negotia-
Side Access (ESA), for example, cost over $519 million per tions, and a willingness to re-examine long-standing proce-
mile for tunneling and track, compared to $107 million per dures and practices that have outlived their original purpose.
track mile for Londons new Crossrail project. With subways The most critical actions include the following:
and commuter rails already over capacity, and the population
expected to grow by four million people and two million jobs Make constructability a top priority of a rationalized
by 2040, costs and delays will only add to the frustrations of environmental review system. The environmental review
riders. And completing critical projects such as the Gateway often results in project scopes or mitigation that greatly
tunnels connecting New York and New Jersey, and extend- increase construction costs, such as when access to
ing the Second Avenue Subway (SAS), will be more difficult. construction sites is limited to locations and times that
extend the time it takes to complete the project. While
Every aspect of the project-delivery process contributes these restrictions are based on legitimate concerns, the
to high costs and delays. Based on detailed analysis of the costs of mitigation on project timelines and benefits
MTAs three megaprojects#7 Line Extension, Second should be weighed against community and environ-
Avenue Subway, and East Side Accesshigh costs were mental impacts; and international best practices should
driven by the political processes that govern construction, influence reforms that make environmental review
agency management and practices, and labor work rules that simpler and more transparent. Federal, state, and local
determine how projects are staffed and built. environmental reviews should include an independent
analysis to evaluate the potential costs and disruption
Politics and public processes lead to inaccurate bud-
to surrounding communities against the costs, both
gets and timelines, lengthy environmental reviews that
financial and environmental, of the most cost-effective
undervalue the economic and environmental costs of
construction plan. Costs to the project should be given
project delays, and planning decisions that engage com-
equal weight to disruption and other non-project costs.
munity and business stakeholders too late in the process.
Institutional practices include limited constructability Engage the public early in sustained, substantive discus-
assessments and excessive customization, fractured con- sion. Environmental review is not a public-engagement
struction management, and an overly complex procure- strategy, and is limited to public hearings on techni-
ment process. cal documents conducted well after projects have been
largely selected and designed. To get broad acceptance of
Labor practices include out-of-date work rules that
system improvements, the MTA must engage the public
lead to excessive staffing and unproductive work time,
with greater frequency, clarity, and transparency. The
requirements to use operations workforce on construc-
MTAs extensive outreach to stakeholders, as part of the
tion projects, and limited training capacity that is wors-
planned 15-month L-train outage, is taking place years
ened by an uneven pipeline of projects that interrupts the
before the start of constructionan approach the agency
flow of steady of work.
should replicate. Another best practice adopted by the
MTA is the early opening of local community outreach
and education centers, like the Second Avenue Subway
The entire process of budgeting, Community Information Center recently opened on 125th
Street and Park Avenue. These effective new efforts must
designing, bidding, and building be supported and expanded.
transportation megaprojects
Adopt Londons project delivery model. Every megapro-
needs to be reformed. ject should have a temporary organization with a focused
While the following recommendations pertain specifically to mission of meeting project schedules. This Special Pur-
building new rail transit, many are applicable to other types pose Delivery Vehicle (SPDV) could be modeled on the
of infrastructure construction. London Undergrounds complex Elizabeth Line project,
which was delivered on time and on budget. The SPDV
would enable construction professionals more authority
and accountability to control budgets, such as by giving
them the ability to require supplemental funding from
any agency that proposes any costly changes.

Regional Plan Association|The Fourth Regional Plan 43


Maximize the land-use development potential of trans- larger capital program with a steady pipeline of projects that
portation investments. Future megaprojects should could maintain or increase construction-industry employ-
incorporate land-use and zoning changes to capture the ment.
value created through development opportunities, while
working with local communities to protect residents
from displacement (link to Comm-1). New York did Paying for it
this as part of the #7 Line extension, in which the city
prepared a former industrial area to be redeveloped into Implementing these reforms would sharply reduce the costs
a mixed-use commercial center. ESA and SAS, whose of new rail projects, and could change government rules
economic impacts are more diffuse, could have lever- or industry practices that ultimately reduce costs for other
aged redevelopment opportunities at new or existing infrastructure projects as well. Some upfront and ongoing
stations to help pay for the project while at the same time administrative costs would be needed to introduce new man-
addressing the regions housing and job needs. agement and labor processes.

Mandate design-build for all new rail lines and exten-


sions. The MTA should replace its traditional multistep
procurement process, which is primarily useful for
targeted improvements on existing infrastructure, with
this increasingly accepted practice. Design-build allows
greater creativity, which can lead to budget savings by
mixing design and contractor teams, allowing for better
and closer collaboration from the outset, and eliminating
the need to reconcile designs later. Contractors are able
to evaluate the constructability of designs as drawings
are produced, offering suggestions on cost savings based
on their experience in the field.

Rethink labor practices and work rules. We should adopt


the best practices other cities have demonstrated in
maintaining employment and wages while delivering
projects faster and at lower costs. Many project managers
and contractors say work rules are a major factor driv-
ing inefficiency and higher costs. Reforming how work
shifts are defined, along with overtime pay and staffing of
tunnel-boring machines, could result in significant costs
savings. And even wider savings could be achieved by
examining the rules embedded in collective bargaining
agreements.

Outcomes
Greater productivity and more efficient decision-making
and management would result in faster and better project
delivery, and allow the MTA to accelerate the construction of
megaprojects. The impact of these reforms would depend on
how quickly and successfully they are implemented. Deliv-
ering projects on time, on budget, and at lower costs should
also boost public confidence and result in increased capital
funding for infrastructure. Reforms could help implement a

44 Regional Plan Association|The Fourth Regional Plan


Fix the institutions that are failing usTransform the way we govern and pay for transportation

2. Restructure the Port


Authority to function as a
regional infrastructure bank
Equity
Medium

Health
No Impact

Prosperity
High

Sustainability
Medium

Photo: Roman Babakin

The Port Authority of New York and New Political maneuvering, mission
Jersey has been a valuable financier and creep, and inefficient operations
developer of critical infrastructure. In recent have hurt the Port Authority.
years, however, its operations and credibility
have suffered from political interference and The Port Authority is a classic conglomerate. The primary
advantage of such a structure is allow profitable assets, such
the inability to finance projects from which it as the airports and Hudson River crossings, to cross-subsi-
cannot capture value, such as PATH improve- dize important, but money-losing, operations such as PATH
ments and the new Gateway Tunnel. To realize and the Port Authority Bus Terminal. The structure also
allows the Port Authority to plan, operate, and coordinate
the Port Authoritys potential and preserve key elements of its transportation infrastructure.
its important mission, the entity must be
reformed to increase accountability, given the Unfortunately, there are also significant disadvantages.
Senior management, for example, with so much under its
ability to capture value from all of its invest- purview, is unable to undertake the kind of in-depth strate-
ments, and separate operations from its histor- gic planning that each asset requires. The Port Authoritys
ically clear mission of financing and delivering current structure shields many underperforming assets
from scrutiny. Rather than incentivizing creativity and bold
new infrastructure. This would enable the actions, the multiple management layers of the Port Author-
Port Authority to become the regions infra- ity result in indecisiveness and inaction. The structure of
structure bank, with assets operated by dif- the Port Authority as a two-state organization also makes it
susceptible to abuse and political interference.
ferent management structures that deliver the
best performance and value. As a result, many capital projects become too expensive and
are delayed, disruptions rise, debt increases, and crucial
maintenance and repairs are deferred. The Port Authority

Regional Plan Association|The Fourth Regional Plan 45


is unable to meet the growing infrastructure needs of the that could achieve economies of scale. The Port Author-
region at a time when our aging infrastructure requires mod- ity should be restructured to act like an infrastructure
ernization and new capacity for regional growth. bank, providing financing to critical initiatives, while
also allowing innovative management and operations to
The Port Authority faces many challenges, including: flourish within its operating divisions.

Political interference: Overt political interference and


scandal in recent years have undermined the organiza- A regional infrastructure bank
tion. The authoritys current structure depends on the
governors of New York and New Jersey to serve as the
would support independent
key points of political accountability and serve the public entities to promote efficiency and
interest. They have the power to appoint commission-
ers and veto board actions. Gubernatorial authority and
transparency, improve service,
accountability, however, cannot excuse overt political and generate new investments.
interference and diversion of Port Authority resources
to serve narrow political ends. A governance structure Delivering services more efficiently and investing in the next
intended to safeguard the interests of both states has generation of infrastructure projects will require fundamen-
instead produced internal division and a lack of mana- tal structural change to how the Port Authority is organized
gerial accountability. The governors and legislatures of and governed.
New York and New Jersey should agree on a series of
transformational reforms that minimize the potential There needs to be more separation between operating the
for political interference through greater transparency system and financing long-term capital improvements. The
and accountability in decision-making and gubernatorial Port Authoritys line agencies would benefit from a clearer
involvement. mandate to provide the best possible service, with long-term
investments planned, financed, and delivered by separate
Financial capacity: The combination of the extraordi- entities. Planning and investing in large capital projects,
nary cost of rebuilding Lower Manhattan after 9/11, and such as new tunnels or airport runways, requires a different
a growing list of projects that user fees will not be able set of competencies and authority than maintaining good
to cover has turned the Port Authority into an unwieldy day-to-day service and efficient operations. Large capital
conglomerate of disparate entities and weakened its projects have economic, fiscal, and environmental impacts
once-strong financial position. Major investments criti- that extend well beyond the users of a particular facility and
cal to long-term success of the regionincluding the require a different set of political, planning, and financial
Gateway project, increased capacity at JFK and Newark expertise to execute.
airports, a renovated bus terminal, and increased PATH
capacityare unlikely to be completed because the Operating agencies need greater financial and performance
authoritys cash flow and projections cannot sustain the accountability. The Port Authoritys consolidated bond
anticipated debt service. To address the situation, the structure obscures how businesses are cross-subsidized and
Port Authority will require new revenue sources, such as reduces incentives for efficient service delivery and capital
value capture, to supplement its user fees. construction. The different business units at the Port Author-
ity, which are the by-product of a century of growth rather
Cross-subsidization: The practice of cross-subsidization than any strategic plan, should be organized into distinct
between the authoritys different business units without corporate entities with facilities that have tight operating
sufficient transparency has, over time, masked inefficien- synergies. These entities need to have clear fiscal responsi-
cies and inhibited much-needed investments. These bility to deliver the best service at the lowest cost, including
inefficiencies in operations, including public security, incentive structures to drive innovation and efficiency, and
seaports, and mass transit, have survived because the be held accountable for their performance. These separate
enormous profits generated by the airports and Hudson units should have expert-led governing boards that regularly
River crossings could be used to cover ongoing deficits. hold open meetings and are required to report periodically to
While transit operations will always require subsi- the public and elected officials on their operations, finances,
dies, the current structure has allowed costs to grow and plans. This would allow both affected stakeholders and
unchecked and thereby stymied innovation, such as con- the media greater access to information and decision-making
tracting for services or merging with other public entities surrounding each of those operations.

46 Regional Plan Association|The Fourth Regional Plan


Allowing private investors to have a stake in operations, and Lawmakers in each state have also proposed additional
potentially capital investments, would help balance politi- reforms to improve transparency and accountability to the
cal decision-making with financial objectives. There may be public. Even as the CEO and managers are afforded more
good reasons for the Port Authoritys business operations autonomy in making decisions, they should also be held
to make investments that will never yield a positive return. accountable through clear, uniform legal obligations to
But these decisions must be weighed against the needs of provide detailed information to the public, provide protec-
the rest of the system, with a clear analysis of the full costs tions to whistleblowers, and be subjected to uniform judicial
and benefits. The Port Authority has succeeded in recent review in the courts of either state.
years in delivering critical infrastructure projects through
public-private partnerships, such as the Goethals Bridge The governors and legislators of New York and New Jersey
and a future LaGuardia Airport. Leveraging the private should convene to reconcile these reforms and develop and
sector through the use of well-structured partnerships pass identical comprehensive reform legislation to guide
could encourage innovation, discipline, and risk-transfer the governance of the Authority. These reforms should be
in the delivery of the agencys capital projects, as well as enacted into law so they are long lasting, judicially enforce-
management of the agencys assets. This approach could able, and cannot be discarded or disregarded by gubernato-
be expanded to other business units. Having public-private rial or board fiat. These steps will be necessary to re-balance
partnerships manage some of the Ports assets, such as the the Port Authority and properly shield it from inappropriate
PATH or seaport, would introduce financial incentives to political pressure.
decision-making to balance against other goals. There are
different ways of structuring private-sector partnerships Allow the Port Authority to capture
that should be carefully explored. While each operat- more of the value it creates.
ing entity may require a different approach to achieve the As outlined in other sections of this plan, the Port Authority
greatest efficiency, these reforms could be achieved without will be required to finance major public capital investments
violating existing bond covenants or changing the entitys over the next generation, including a new commuter rail
governing legislation. tunnel under the Hudson River, runways at JFK and Newark
airports, and a new bus terminal in New York City. The Port
Enact and implement reform recommendations. Authority may also be asked to assume financial, design,
The Port Authority would be run by a chief executive, with and/or operational responsibilities for coastal resiliency
a clearly defined role, who ultimately answers to the Board measures needed to protect authority assets and the entire
of Commissioners. New York and New Jersey governments port region from rising sea levels and more severe storms.
must concur on a series of transformational reforms that Even if the Port Authority succeeds in generating more effi-
minimize the potential for political interference through ciencies from current operations, such as the PATH system
greater transparency concerning Port Authority decision- and bus terminal, it cannot finance these investments from
making, public and legal accountability, and gubernatorial the profits generated by the Hudson River crossings and
oversight for their own actions relative to the Port Authority. airports.

Much of the groundwork for essential reform has already The investments that are made will generate enormous
been laid by the Special Panel on the Future of the Port growth and productivity that can be used to acquire addi-
Authority, which issued recommendations in 2014. Among tional funding. Consideration should be given to capturing
other internal reforms, the Special Panel proposed creating some of the real estate value created by the PATH system and
a single CEO position, hired and directed by the Board of Gateway tunnel; charging motorists to access the airports;
Commissioners, replacing the current chair and vice chair or redeveloping and monetizing underutilized real estate
with two co-chairs (recommended to the board by the gov- assets. The World Trade Center and certain other Port
ernors of each state), and establishing an Office of the Chair Authority real estate holdings are not core to its mission as
comprising the co-chairs and CEO to function as the senior builder and manager of transportation facilities, but they do
operating committee of the Authority. The Special Panels represent valuable sources of long-term revenue. The Port
proposals would better maintain the political indepen- Authority should determine how to redeploy its real estate
dence of the Authoritys executives and afford them greater holdings in a way that maximizes their long-term value, and
autonomy from undue political influence. The Authoritys therefore the entitys financing capacity, while minimizing
professional managers should be empoweredand also be the effort to manage them. This could involve engaging in
held accountableto deliver projects and provide services to joint ventures, handing off assets to real estate investment
the best of their abilities. trusts, or divesting them through an IPO.

Regional Plan Association|The Fourth Regional Plan 47


Create independent corporate entities for operating Operating entities could apply for financing, and the board
and maintaining the Port Authoritys assets. and management would evaluate requests based on finan-
The Port Authority should change the relationship between cial and service criteria, as well as other public interests,
its central functions and operating assets. These should be including community, health, economic, and environmen-
reconstituted as independently managed units with manage- tal impacts. The bank could also initiate planning for large
ment devolved down to the asset level, reporting on both projects, and establish single-purpose entities to design and
the operational and financial performance in a clear and build them, as it has done for the Gateway project.
transparent way.

By doing so, the Port Authority would create separate cor- Outcomes
porate entities that receive a long-term franchise to operate
each division of the authoritys assetsairports, ports, bus Designating independent operating entities and converting
terminal, and PATHin return for a first call on revenues the Port Authority into an infrastructure bank would have
sufficient to pay off the related debt. These operating entities two primary outcomes. By creating greater transparency
could then be organized in ways that would best serve each and independence in making capital allocation decisions, the
entity. For example, the container ports subsidiary could proposal would create incentives for more efficient, cus-
be operated by a for-profit entity; airports could remain tomer-focused service for each of its operating subsidiaries.
quasi-independent public agencies; the PATH train franchise It would also help ensure the most important and cost-effec-
(which would include an ongoing subsidy rather than a pay- tive projects are prioritized. Both of these outcomes should
ment obligation) could be operated by New Jersey Transit, increase public confidence in the authority, thus making it
the MTA, or a private transit operator. easier to attract public and private capital.

Contracts between the Port Authority and the operating


entities would specify performance standards and the flow Paying for it
of funds between them. The Port Authority would establish
how much each subsidiary would contribute toward the Port Restructuring the Port Authority would require significant
Authoritys existing consolidated bond debt service and how legal and administrative expenses to negotiate financial
much Port Authority cross-subsidy (from landing fees, bridge structures that allocate revenues fairly while maintaining
and tunnel tolls, and real estate revenue) should under- bond ratings, complying with bond covenants, providing
write critical services that need it (PATH and bus terminal operational incentives, and winning political approval for a
operations). The operating entities would determine fares governance structure that provides greater independence.
and fees to meet contract provisions, but the Port Authority But over time, the cost of delivering operations and capital
could establish and enforce levels of service, asset conditions, projects would decrease due to the more efficient and effec-
labor standards, and other public interest conditions. Beyond tive structure.
these bond requirements and cross-subsidy agreements, the
operating assets would have incentives to provide services at
a competitive cost. They would control operating revenues
and determine how to spend them, creating incentives for
the operating assets to provide high-quality, cost-effective
service.

Create a regional infrastructure bank.


Under the structure proposed above, the management rela-
tionship between the Port Authority and its operating assets
would be diminished and the financial relationship between
the agency and these assets would change. In effect, the Port
Authority would function as a regional infrastructure bank,
collecting certain revenues from the operating units, paying
consolidated debt service, and distributing surplus revenues
back to the operating units or investing in new bi-state infra-
structure.

48 Regional Plan Association|The Fourth Regional Plan


Fix the institutions that are failing usTransform the way we govern and pay for transportation

3. Create a Subway Reconstruction


Public Benefit Corporation

Equity
High

Health
Medium

Prosperity
High

Sustainability
High

Photo: Leonard Zhukovsky

New York Citys extensive subway system is The MTA, with its current
the lifeblood of its economy, but faces a dire financial and operational
crisis. The systems infrastructure is aging structure, is not capable of
and unreliable and uses outdated technology.
rebuilding the subway system.
By almost every metric, service is deteriorat-
The subway system may be the spine of the city, but it is also
ing. While some important improvements its Achilles heel. Surging ridership and decades of underin-
have recently been made by the Metropolitan vestment have taken their toll. According to the Independent
Transit Authority (MTA), progress must be Budget Office, train delays have increased three-fold over the
past five yearsfrom roughly 20,000 delays a month to over
radically accelerated to meet demand and 65,000due to overcrowding, signal failures, and other daily
ensure that New York can compete for jobs disruptions. As the public has become increasingly aware,
with other major cities. Bringing the subway delays lead to overcrowding, which causes further delays and
even more overcrowding. Failures and breakdowns cascade
up to modern standards will need significantly and ripple throughout the system, compounding problems
more funding. But it also requires the creation and delaying riders. Stations are hot, loud, damp, and for the
of a new institution dedicated solely to fixing most part, not ADA accessible. New Yorkers now talk openly
of a transit crisis that threatens the citys future.
the problems: a Subway Reconstruction Public
Benefit Corporation. This public entity would The MTA is staffed by talented public servants, and has
have a focused mandate, streamlined author- achieved great things over the past generation. It should
be commended for repairing the subways in the 1980s and
ity, and sufficient funding to rebuild the entire 1990s, restoring service quickly after Superstorm Sandy,
subway system within 15 years. extending the 7 and Q lines, and adopting a modern train
control system on the L line. It recently announced plans
to move to a modern fare-collection system. But the pace of
these improvements has been too slow compared to the citys

Regional Plan Association|The Fourth Regional Plan 49


tremendous need for capacity expansion and moderniza- to labor shortages all increase project costs and delivery
tion. Demand is growing rapidly as the city adds jobs and times. With his recent declaration of a state of emergency
residents. Climate change is accelerating. And technology at the MTA, the governor recognized these challenges
is raising passengers expectations for customer service. and streamlined some operations to expedite contract-
The MTA, as currently funded and structured, cannot keep ing and procurement, but these steps still need to be
up. Unless we can find new ways to deliver improvements expanded and institutionalized.
and modernization, the subway system will continue to slip
further behind. Unclear lines of responsibility and accountability: The
MTA has an opaque structure, with different divisions
Fixing the subways and bringing them up to modern stan- going back to the legacy institutions that were merged
dards of speed, efficiency, and service must be the highest into a single authority in 1968, a board appointed by dif-
transit priority for the region. And despite strong leadership ferent political leaders representing different constituen-
and dedicated staff, there are institutional reasons the MTA cies, and complicated funding formulas that make it hard
will not be able to reconstruct the subways in a reasonable to determine who is paying what. As a result, the riding
amount of time. They include: public does not know whom to credit for improvements,
or blame for failures. While most riders believe the
Competing demands: The MTA is an enormous legacy New York City mayor is in charge of subways and buses,
institution responsible for funding and operating one of power in fact rests with the governor, who has a plural-
the largest subway networks in the world; two commuter ity of appointees to the MTA board, chooses the MTAs
railroads and the Staten Island Rail Road; local and leadership, and controls most of the funding. Until these
express buses; and nine bridges and tunnels. In addition responsibilities are clarified in the eyes of voters and
to operations, it is responsible for financing, design- transit riders, there will always be confusion about who
ing, and overseeing all capital improvements to these is in charge.
properties. Although managing the subway system is
tremendously complex, particularly in this time of crisis, Lack of funding: Nobody likes to raise taxes, fees, or
it is just one of many competing priorities for the MTA fares, and the current structure of the MTA and the
leadership. budgeting process incentivizes politicians to defer main-
tenance and increase debt rather than find additional
Inefficient institutional practices: The MTA, like any resources to pay for necessary maintenance, repairs, and
decades-old large corporate institution, has acquired expansion. But the needs of the system are clear. The
layers of regulations and competing organizational silos MTA is $40 billion in debt, requiring 16 percent of its
within the bureaucracy. Some of the rules that make $15.75 billion annual operating budget to be dedicated to
the MTA less nimble at building megaprojects include debt service. Its operating budget is increasingly unbal-
limited constructability assessments and excessive anced, with expenses growing 30 percent faster than
customization, a fractured construction management operating revenues due to rapidly escalating employee-
process, and an overly complex procurement process benefit costs and debt-service payments. Even as it must
that stifles innovation. Changing this structure has find ways to reduce operating-cost increases and reduce
proven extremely difficult because it is so embedded in debt, the MTA needs additional dedicated resources of
the legacy institutions that comprise the agency, and the several billion dollars a year. These funds could be gener-
different divisions have competing agendas. The agency ated by charging motorists to enter the regions central
in charge of rebuilding the subways needs to be first business district and putting a price on greenhouse gas
among equals in the hierarchical structure, in order to emissions from the transportation section, among other
drive projects forward. options.

Anachronistic and overly burdensome regulations: Some


of the contracting, procurement and labor practices
required by the MTA are inefficient and out-of-date. Con-
tracting regulations actively stifle innovation and create
costly delays. Work rules that lead to excessive staffing
and unproductive work time, requirements to use the
operations workforce on construction projects, limited
training capacity, and project pipelines that contribute

50 Regional Plan Association|The Fourth Regional Plan


Create a Subway Reconstruction The Subway Reconstruction Public Benefit Corporation must
be empowered to speed up the reconstruction process while
Public Benefit Corporation maintaining a strong commitment to worker safety and the
responsible for overhauling the public interest. This may mean making it easier to engage in
public-private partnerships, authorizing design-build, and
subway system within 15 years. revising some of the other rules and regulations that cur-
To be on par with the subway systems of other major cities rently drive up the cost and timelines of projects built by the
around the world, we need to aggressively address the back- MTA. Today, the MTA Capital Construction Company has
log in critical infrastructure updates, modernize the signals responsibility to deliver these projects, but it has not been
system, right-size our most congested stations, and increase given the full authority, funding, or support to do soeven as
capacity in strategic locations. Reconstructing our subways it has responsibility to deliver other capital projects.
will entail a significant increase in capital expenses, and
require fundamental changes in how projects are designed, Define clear lines of accountability.
approved, and built. The scale of these governance changes is Like New York Citys Economic Development Corpora-
so significant, in fact, that a new quasi-governmental entity tion (EDC), the new Subway Reconstruction Public Benefit
should be created specifically for that purpose: the Subway Corporation would not be a government agency, but rather
Reconstruction Public Benefit Corporation. a public-benefit corporation, with a board of directors from
a range of public and private-sector fields. But like EDC, the
Give the Subway Reconstruction Public Subway Reconstruction entity would be controlled by the
Benefit Corporation a specific mandate. governmentin this case, the governor of New York.
A crisis demands undivided attention. A new Subway Recon-
struction Public Benefit Corporation should be created with Within the Subway Reconstruction Public Benefit Corpo-
no other goal than to completely rebuild the subway system ration, accountability would be key. The decision-making
within 15 years. Without other distractions such as buses, process should be transparentfrom what projects the new
commuter rail, roadways, and even operating the subway entity would undertake to what mitigation measures would
network, the new entity can focus entirely on subway capital be provided. Contract negotiations should identify and plan
construction. It can recruit leadership with specific exper- for any potential construction issues and require the builders
tise in that area, and motivate a team to meet specific goals to meet performance standards or else suffer penalties.
within a specific timeframe.
The Subway Reconstruction Public Benefit Corporation
The responsibilities of the Subway Reconstruction Pub- would be required to report on its progress on a semi-annual
lic Benefit Corporation would be to determine the level of basis and provide justification whenever budgets or timelines
capital improvement required, determine how to balance are not met, thus making sure the public interest is pro-
construction with ongoing operating needs, identify ways to tected.
increase cost efficiencies in construction, secure the rev-
enues needed, issue and negotiate a Request for Proposals, Provide the funding necessary.
and oversee construction, enforcing performance measures Even with more efficient institutional practices and work
and penalties for delays. rules, rebuilding the subway system would still significantly
increase capital construction budgets. The Subway Recon-
Allow the Subway Reconstruction Public struction Public Benefit Corporation would have access to a
Benefit Corporation more leeway to take a 21st significant portion of the existing MTA capital plan, but that
century approach to capital construction. would be insufficient. Identifying and securing a diverse,
The specific structure and rules governing the Subway stable, and sizable dedicated revenue sourcessuch as a
Reconstruction Public Benefit Corporation should be deter- carbon tax, congestion pricing, value capture, charging tolls
mined by the New York State governor, in collaboration based on miles driven, and other taxes and feeswould be
with the New York City mayor and MTA leadership. Broadly essential to the success of this effort.
speaking, its institutional structure should be designed for
creative problem-solving, efficient decision-making, and
accountability.

Regional Plan Association|The Fourth Regional Plan 51


Outcomes
This recommendation would end the continuous cycle of
runaway construction costs and delays on capital projects.
Within 15 years, the subways would be faster, more reli-
able, less crowded, and more efficient than they have been in
decades. A streamlined decision-making and construction
process would result in faster and better project delivery.
With modern signalling technology, stations with platform
screen doors for better safety and pedestrian circulation, and
modern communications, the subway system should be able
to increase its capacity significantly, and provide service to
more parts of the cityall at lower costs.

In addition, this initiative would create a new model of tran-


sit governance. The Subway Reconstruction Public Benefit
Corporation could, in other words, become a pilot project
that informs the process for reforming the MTA itself.

Paying for it
Creating the Subway Reconstruction Public Benefit Corpora-
tion would require upfront legal and administrative costs,
while reconstructing the subways would need a significant
amount of funding. But in this transit-dependent region
where the system is so far over capacity, the long-term
return on investment on transit projects would be very high.
And the lessons learned from a new institutional structure
to address the MTAs most daunting challenges could be
a model for other agencies that would have far-reaching
impacts beyond the authority.

52 Regional Plan Association|The Fourth Regional Plan


Fix the institutions that are failing usTransform the way we govern and pay for transportation

4. Modernize transit systems


outside New York City

Equity
High

Health
Medium

Prosperity
High

Sustainability
High

Photo: Nancy Borowick

Outside of New York City, the tri-state region Public transportation outside
has the three busiest commuter rail systems in New York City is both hampered
the country as well as bus systems that serve by lack of funding and difficult
millions of local, regional, and long-distance
for riders to navigate.
trips. Funding for these transit systems has
The three railroads and dozens of public and private bus
not kept pace with growing demand, and in companies that make up the public transportation system
some cases has been drastically cut. NJ Tran- outside of New York City all have certain challenges in com-
sit, Metro-North, and the Long Island Rail mon, while other issues are particularly acute for specific
entities.
Road all need to scale up their operations.
These agencies must carry out the specific Inadequate funding: All the transit systems need more
capital projects outlined in this report, become resources, and NJ Transits funding structure is the most
precarious. It is one of the largest systems in the country
more innovative and better funded, and coor- without a designated funding stream, with state funding
dinate their policies. NJ Transits bus system, to the agency subject to the uncertainty of annual budget
along with systems like NICE Bus in Nassau negotiations. This has resulted in a 90 percent reduction
in state aid for operations since 2005, forcing fare hikes
County, Bee-Line in Westchester, and Suffolk and raids of the agencys capital fund to cover operating
Transit also need more resources to improve costs. Similar funding reductions for county bus systems
service, adopt on-demand transit options, and has also led to a downward spiral of declining service
and ridership. Nassau Countys NICE bus system has
be prepared for autonomous vehicle technolo- seen a 20 percent reduction in funding, and a 71 percent
gies. reduction in the countys support for the system since
2006.1
1 New Jersey For Transit, Stuck at the Station 15 Years of Declining Invest-
ment Has Harmed New Jerseys Ability to Deliver High-Quality Transit

Regional Plan Association|The Fourth Regional Plan 53


Political interference: State reductions in funding and Sound budgeting and better
political interference (especially at NJ Transit, which
is heavily dependent on annual appropriations) have
governance will allow operators
consumed agency officials and thwarted their attempts at to invest in infrastructure and
addressing the needs of the riding public.
focus on their customers.
Lack of investment: Failing systems and inadequate More resources are needed to help NJ Transit, LIRR, Metro
infrastructure have led to increased delays, deadly North, and bus transit operators improve service by doing
derailments, and safety hazards. Penn Station, the the following:
western hemispheres busiest transit hub, is unpleasant
and overcrowded, despite recent efforts by the railroads Adopt sound budgeting practices and rely less on debt.
to make improvements. In Connecticut, parts of the the Capital funds should no longer be diverted to cover oper-
New Haven Lineespecially many of its old bridges ating deficits. The operating budget should be funded by
are in a state of disrepair. For bus riders throughout the fare revenues and dedicated subsidies, taxes, and other
region, funding cuts mean old buses, long waits, and user fees. New Jersey should replicate this structure,
deteriorating service. which is common for large public transportation systems
across the country, including the MTA.
Few resources to address inequities in the transit
system: Lack of funding has made it increasingly dif- Ensure revenues allocated to transportation purposes
ficult for transit providers to accommodate the needs of are not reallocated to cover shortfalls in other areas of
low-income residents, who are particularly dependent state budgets. Dedicated revenues to state transporta-
on transit. Fares have increased and services cut because tion funds must be protected from reallocation to other,
agencies have been unable to further subsidize rides or non-transportation-related purposes. In Connecticut,
provide a system that bases fares on customers ability to a very small proportion of the States general sales tax
pay. is allocated to fund transportation, but there is strong
political pressure to reallocate these funds to other
Poor attention to customer service and accessibility: programs. New Jersey voters recently passed a referen-
Rail and bus systems have been slow to adopt technol- dum that constitutionally dedicated gas tax revenue to
ogy that would allow better service and coordinate transportation projects. A similar constitutional lockbox
trips between agencies. Navigating the many services is in Connecticut would protect state transportation funds
difficult. Many stations, particularly on the NJ Transit from being diverted for other purposes.
network, still are not ADA accessible.
Provide more clarity and transparency about sources
Service cuts and fewer bus riders accelerate a vicious cycle. of funding for capital investments. All agencies need
Nassau County ridership declined by 17 percent between greater clarity about how money is spent, whether it is
2006 and 2015, and Suffolk Transit reports ridership from a legislative appropriation, a new fee/surcharge/
declined by 20 percent between 2006 and 2016. NJ Tran- tax, or a grant from the federal government.
sit rail and bus passengers are also responding to the poor
service and fleeing the struggling transit system. On the New Evaluate new revenue sources such as revenue gener-
Haven Line and Long Island Rail Road, ridership remains ated from development around stations along with other
high, but poorly maintained tracks and old train cars limit forms of value capture, or a greater allocation to public
the ability of the lines to serve a growing population. The transportation from gas taxes or future vehicle miles
new CT Fastrak bus rapid transit system between Hartford traveled fees.
and New Britain in Connecticut has drawn new riders, but
bus ridership in a number of urban centers, including New Improve both capital and operating efficiencies. In addi-
Haven and Stamford, has started to drop after a period of tion to adopting strategies for reducing the cost of capital
growth. New Haven saw an 8 percent drop and Stamford a 7 projects, transit agencies and service providers should
percent drop between 2012 and 2016. look for greater operational efficiencies, such as negotiat-
ing for increased productivity in labor contracts in return
for higher wages and job stability.

Service, 2016

54 Regional Plan Association|The Fourth Regional Plan


Provide transit equity to low-income, transit-dependent Explore a unified management entity and promote
communities. The many areas in the region that are through-running service at Penn Station. As Penn Sta-
transit dependent should be given priority for enhance- tion is expanded to the west (Moynihan Station) and
ments to the transit system, especially through improve- south (Gateway), and Metro-North service is provided
ments to the bus network, network redesigns, and other via Penn Access, a unified management entity, includ-
recommendations elsewhere in the plan ing representation from all the commuter railroads and
Amtrak, should be explored to better integrate service
Offer discounted, needs-based fares for short trips on and amenities and promote through-running. Ultimately,
commuter rail lines that run through neighborhoods with the system should be reconfigured to allow significantly
many low- and medium-income households. This would more through-running from New Jersey to Connecticut
improve local mobility and encourage more riders to use and Long Island.
public transit for short trips.

Emphasize customer satisfaction through integrated Outcomes


services. Public transportation agencies should do more
to connect with riders, involve them more in decision- Investing in suburban transit would result in additional
making, and make their services attractive and easy to transportation choices, more reliable and frequent service,
use. This will require using technology to accelerate the and better access to jobsespecially for transit-dependent
transition to a flexible, unified fare collection system and households. Better transit service should succeed in getting
coordinating services that promote more intermodal people to choose transit over walking, which should lead to
trips, including with private bus carriers. Ultimately, lower greenhouse gas emissions and more active lifestyles.
as the system turns into an integrated regional rail and Lastly, it would lead to less reliance on debt for future capital
bus system, fare structures could be organized by zones, investments.
across all operators.

Create better intermodal connections to provide better Paying for it


customer service. This could include adopting bike shar-
ing to reduce the need for parking around commuter rail Higher gas taxes and roadway tolls, as well as a motorist tax
stations, and promoting innovative parking-management based on the actual distance driven (vehicle miles traveled or
strategies that support on-demand services to replace VMT fee), would be key sources of revenue. New York would
surface parking. also use a portion of the sales tax, mortgage recording tax,
and other levies to fund public transportation. Real estate
Invest in infrastructure and improve service, espe- development could also provide a new funding mechanism in
cially in cities. Capital budgets should be expanded to certain attractive markets.
ensure the railroads and buses are able to provide safe
and convenient service that is competitive. Addition-
ally, Health Impact Assessments for transit investments
can help identify the most equitable projects and their
health benefits for socially vulnerable communities. This
includes both maintenance and new projects to provide
more capacity.

Plan for climate change. As Superstorm Sandy demon-


strated, much of the regions transit infrastructure is
located in low-lying areas that are prone to flooding,
including tunnels, rail yards, and rail lines, especially in
the Meadowlands and along the Hudson River. The three
transit agencies have started incorporating climate adap-
tation into their strategic and capital planning, but more
needs to be done to address the tremendous magnitude of
the challenge.

Regional Plan Association|The Fourth Regional Plan 55

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