OP-ED: New York MTA already has several billion available to deal with a multi-billion-dollar shortfall

The NYC Citizens Budget Commission report confirms that the Metropolitan Transportation Authority (MTA) $51-billion 2020 - 2024 Capital Plan is no longer financially feasible. Why does MTA Chairman Pat Foye continue to refuse consideration for the following options to assist in solving the New York MTA's financial crises?

$6.9 billion Second Avenue Subway Phase 2 

MTA budgeted $4 billion of local funding within the $32 billion 2015 - 2019 & $51 billion 2020 - 2024 Five Year Capital Plans to be used toward Second Avenue Subway Phase 2. This is a system expansion project versus more critical safety and state of good repair.

The MTA assumed the approval of $500 million in Federal Transit Administration (FTA) funding as part of the previous $32 billion 2015-2019 Five Year Capital Plan, which has come and gone. This proved to be wishful thinking, as these funds were never approved by FTA during that time period. They may have the same naive assumption concerning winning a $3.5-billion FTA Full Funding Grant Agreement (FFGA)

Would the MTA's $4 billion in local funds be better spent dealing with COVID-19 or other far more critical safety and state of good repair capital projects that are needed today?

Why not postpone this project to the next MTA 2025-2029 Five Year Capital Program?

$1.5 billion for the Bronx East Metro North Penn Station Access 

This is a system expansion project rather than more critical safety and state of good repair. Penn Station access is dependent upon Long Island Rail Road (LIRR) Eastside Access to Grand Central Terminal meeting the most recent recovery schedule for start of service by end of December 2022. It is also dependent upon LIRR giving up an equivalent number of rush hour slots to Metro North. LIRR, New Jersey Transit and Amtrak have a three way service agreement for utilization of New York Penn Station. Have Metro North and LIRR come to a formal agreement for sharing Penn Station rush hour access? What about NJ Transit and Amtrak? How will future rehabilitation of all four East River Tunnels impact Penn Station capacity?.

Would the MTA's $1.5 billion in local funds be better spent dealing with COVID-19 or other far more critical safety and state of good repair capital projects that are needed today?

Why not postpone this project to the next MTA 2025-2029 Five Year Capital Program?

1% Arts in Transit capital projects expenditure requirement

How much money is budgeted for this expense within agency wide capital improvement projects? Would the MTA's millions in local funds allocated for 1% Arts in Transit be better spent dealing with COVID-19 or other far more critical safety and state of good repair capital projects that are needed today?

MTA outside consultants

Who has a complete listing for consultants agency by agency along with their respective budgets and tasks? How many consultant contracts including budgets, have not yet been awarded? Why can't this work be performed by in-house resources? Would the MTA's millions in local funds allocated for outside consultants be better spent dealing with COVID-19 or other far more critical safety and state of good repair capital projects that are needed today?

$12 billion of FTA funding projects and programs in active grants

Why hasn't the MTA ever initiated and completed a forensic audit to determine unspent available balances? FTA guidance affords the MTA the ability to reprogram these funds toward COVID-19 capital and operating expenses.

$1.4 billion of FTA FY2020 federal formula funding

The MTA can program these funds toward COVID-19 capital and operating expenses. Have they elected to do so? If so, how much? If not, why not?

$1.5 billion of FTA FY2021 federal formula funding 

On October 1, 2020, an additional $1.5 billion in 2021 funds will become available. The MTA can program these funds toward covering capital improvements and operating deficits as a result of COVID-19. Have they elected to do so? If so, how much? If not, why not?

$12 billion FTA funding transparency and accountability

Both New York Gov. Andrew Cuomo and NYC Mayor Bill de Blasio proudly boast that they manage the most transparent administrations in history. The FTA provides $1.4 billion in capital grants to New York MTA yearly. This is accomplished under the FTA Transit Award Management System (known as "TrAMS") used to award and manage federal grants. The MTA currently manages an active portfolio of federally funded capital improvement projects and programs in open grants worth more than $12 billion in direct federal financial assistance.

As part of requirements contained within all master grant agreements, using FTA TrAMS, the MTA provides updated Quarterly Financial and Milestone Progress Reports to the FTA on active capital improvement projects and programs. This includes justifications for contract change orders more than $100,000, schedule delays and recovery schedules. These are required to be submitted within 30 days after the fiscal quarter has started on the first of the month and ends last day of the third month. Federal fiscal quarters are October - December, January - March, April -June and July - September.

Is this information made available to MTA Board members? Are these reports posted on the MTA website? If not, why not? Will you share your third quarter FTA reports which are due to be submitted on or before July 31 with the public and media?

FTA independent engineering and other oversight consultants

FTA assigns its own engineering consultant firms to those projects worth $100 million or more. Engineering firms monitor the progress of major capital projects and prepare monthly progress reports. Monthly reports are made available to MTA Chairperson Pat Foye, MTA HQ staff, MTA Board members (including four each directly appointed by both de Blasio and Cuomo), MTA agency presidents including Janno Lieber of Capital Construction, Sarah Feinberg of NYC Transit , Philip Eng of Long Island Rail Road, Catherine Rinaldi of Metro North and Craig Cipriano of MTA Bus, each MTA operating agency chief engineer, FTA HQ and Regional Office senior management teams and in-house project oversight staff.

The FTA also has other consulting firms that conduct periodic financial management, procurement system and triennial (to insure compliance with FTA rules and regulations) along with various civil rights (including either Title VI, Disadvantaged Business Enterprise, Equal Opportunity Employment, Americans With Disabilities, Rail Station, Fixed Bus Route and Paratransit reviews). These reviews may cover either MTA HQ and/or various MTA operating and construction agencies, including NYC Transit, Long Island Rail Road, Metro North, MTA Capital Construction and MTA Bus.

Is this information made available to MTA Board members? Are these reports posted on the MTA website for access by the public and media?. If not, why not?

Planning studies for system expansion 

How many millions are being spent on transportation feasibility studies for future system expansion projects such as restoration of Long Island Rail Road service on the Bay Ridge Brooklyn branch, North Shore and West Shore Staten Island Bus Rapid Transit and others that will never happen in our lifetime? .

Wouldn't these MTA local funds be better spent dealing with COVID-19 or other far more critical safety and state of good repair capital projects that are needed today?

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Larry Penner is a transportation historian and advocate who previously worked 31 years for the Federal Transit Administration Region 2 NY Office. This included the development, review, approval and oversight for grants supporting billions in capital projects and programs on behalf of the Metropolitan Transportation Authority, New York City Transit bus and subway, Long Island Rail Road and Metro-North Railroad, MTA Bus and NYC Department of Transportation.