New York S 4428: Requires all public authorities owning, leasing, and controlling critical infrastructure to study the potential consequences of privatization

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S04428 Summary:

BILL NOS04428 

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SPONSORCOMRIE

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COSPNSRRHOADS

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Requires all public authorities owning, leasing, and controlling critical infrastructure to study the potential consequences of privatization.

Go to top S04428 Actions:

BILL NOS04428 

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02/04/2025REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

01/07/2026REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS

Go to topS04428 Committee&nbspVotes:

Go to topS04428 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04428 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4428

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Corporations, Authorities
 and Commissions

 AN ACT requiring all public authorities owning, leasing, and controlling
 critical infrastructure to study the potential consequences of priva-
 tization

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings. 1. New York state must have suffi-
 2 cient numbers of properly designed and maintained pieces of critical
 3 transportation infrastructure such as bridges, tunnels, roads, airports,
 4 ports, container ports, railroads and rapid transit services in order to
 5 retain its economic competitiveness and grow its economy.
 6 2. Much of the state's existing critical infrastructure is aging, is
 7 experiencing capacity problems, has had maintenance problems, or in some
 8 other manner has become a candidate for re-engineering, rebuilding,
 9 replacement or supplementation.
 10 3. The most critical and expensive transportation infrastructure in
 11 New York state to re-engineer, rebuild or replace is under the control
 12 or ownership of public authorities, and such critical transportation
 13 infrastructure, from time to time, is under consideration for sale,
 14 long-term lease or other transfer of ownership or control to the private
 15 business sector.
 16 § 2. For the purposes of this act, the following terms shall have the
 17 following meanings:
 18 1. "critical transportation infrastructure" shall refer to bridges,
 19 tunnels, roads, airports, ports, container ports, railroads and rapid
 20 transit services owned by a state or local public authority;
 21 2. "privatization" shall refer to the sale, long-term lease or other
 22 transfer of ownership or control of pieces of critical transportation
 23 infrastructure to the private business sector;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05805-01-5

 S. 4428 2

 1 3. "comparable projects" shall refer to existing privatization initi-
 2 atives in the United States comparable in scope, scale and value to the
 3 critical transportation infrastructure controlled by state or local
 4 public authorities; and
 5 4. "privatization report" shall refer to the report created pursuant
 6 to this act.
 7 § 3. 1. All public authorities who are currently in the process of
 8 issuing concessions or selling or otherwise transferring, or issuing
 9 notices of inquiry ("NOIs") or requests for proposal ("RFPs") for leas-
 10 ing, or selling or otherwise transferring control of any critical trans-
 11 portation infrastructure, or who have done so in the past ten years,
 12 shall issue a study reporting on the effects of privatization of crit-
 13 ical transportation infrastructure.
 14 2. (a) Each public authority shall issue its individual privatization
 15 report to the assembly committees on corporations, authorities and
 16 commissions, economic development, transportation, and ways and means,
 17 and to the senate committees on commerce, economic development and small
 18 business, corporations, authorities and commissions, and transportation.
 19 (b) Each public authority's privatization report shall evaluate in
 20 detail the following:
 21 (i) the impact that sale or transfer of control of its critical
 22 infrastructure would have upon the authority's ability to pay any and
 23 all debt it has issued, or succeeded to, that is guaranteed or