Can Joe Lhota’s action plan save the NYC subway from collapse? And how will the city and state work out their arguments over funding?

Over the past few weeks, months and even years, as the mayor and governor have engaged in a recent public war over responsibility for subway financing, with Gov. Cuomo using transit lapdogs to attempt to explain, incredibly, that funding the subway is a city rather than a state responsibility, a counter-narrative has emerged in some wonkier corners, and it’s a counter-narrative I have long embraced. The MTA does not actually need more money or more funding. It has an annual operations budget of over $15 billion and a five-year capital plan of nearly $30 billion. But as has been shown time and again, most notably by Alon Levy, the MTA’s spending is exponentially greater than every other subway system’s in the world. Before politicians send even more millions and billions into the black hole of spending that is the MTA, aggressively cost reform should be front and center on the table.

But we are instead left with a political game of hot potato, and instead of cost reform, we have an escalating war over money with the city and state each trying to outmaneuver each other in a ploy to get more money for subways. The latest battle in this war started while I was on vacation in Mexico two weeks ago when MTA Chairman Joe Lhota introduced the MTA action plan, a two-pronged approach with a $836 million Phase 1 that will serve as a short-term band aid and a Phase 2 that could cost at least $8 billion and that is designed to address the heart of the subway’s problems: a system-wide replacement of the subway’s signal system.

The Subway Action Plan was put together by the usual gang of NYC transit “experts” – your Wyldes, Doctoroffs, Samuelsens, Kalikos, Russianoffs and Mosses of the city without worldly input – and is available here as a lengthy pdf. In the short-term, they key elements are as follows:

• Emergency track cleaning and repair initiatives as well as emergency signal repair efforts;
• Increased subway car maintenance efficiency;
• Potentially adding cars to certain C line trains;
• A seatless-car pilot on the Times Square Shuttle and L trains that could add space for up to 25 more people per car (though this is decidedly unfriendly and went nowhere when first proposed in 2010);
• More frequent station cleaning;
• Streamlined EMS dispatch procedures and staging areas;

and

• A variety of other management-oriented changes designed to improve subway operations.

These sound modest because they are, and the heavy lifting comes in Phase 2 when the MTA has to get down to the business of modernizing the backbone of the subway system. But the MTA feels these efforts can begin to attack the root of the frequent problems plaguing the system lately. The praise for the plan came in from a variety of corners with the MTA sending out press releases from David Dinkins and a former FRA administrator. But while the state offered to fund half of it, many of the statements — and some aggressive attacks by Cuomo’s friends at the TWU — were not-so-veiled attempts to draw more money out of Bill de Blasio and NYC.

Now on the one hand, this fight is ridiculous. New York City taxpayers are footing this bill whether the dollars are appropriated at the state level or the city level, and we’re the ones suffering through bad service and paying the fares each day. We’re paying no matter what. On the other hand, de Blasio and Cuomo are set to battle this out until one of them wins, whatever victory emerges.

For a week and a half, de Blasio refused to budge and Cuomo dug in…until Sunday when this story hit The Times. The mayor will propose a tax on those earning $500,000 or more that will help fund the subway action plan and the Fair Fares initiative to offer subsidized subway fares to low-income New Yorkers. This is part of a plan that Michael Gianaris, a state senator from Queens, has pushed recently and would affect approximately 32,000 New Yorker taxpayers.

Coincidentally (haha), both Joe Lhota and Andrew Cuomo put out similar statements praising the mayor’s move, but channeling Veruca Salt, they both demanded more now. “After saying the MTA doesn’t need money, we’re glad the Mayor reversed himself,” Joe Lhota said on behalf of the MTA. “However we need short-term emergency financing now. The Mayor should partner with us and match the state funding now so we can turn the trains around. There’s no question we need a long-term funding stream, but emergency train repairs can’t wait on what the state legislature may or may not do next year.”

Cuomo:

“The subway system is in crisis today. We need two things: immediate action, and a long-term modernization plan. One without the other fails the people of the city. “The State is currently evaluating a range of dedicated revenue proposals for the future to be discussed and advanced in January when the legislature returns. There is no doubt that we need a long-term dedicated funding stream. But there is also no doubt that we cannot wait to address the current crisis. Riders suffer every day and delaying repairs for at least a year is neither responsible nor responsive to the immediate problem, or riders’ pain.

“The City should partner with us and match the State funding now so we can begin Chairman Lhota’s overhaul plan immediately and move forward. We cannot ask New Yorkers to wait one year to start repairs.”

But there’s a rub: On Sunday evening, Zach Fink and Emma Fitzsimmons both reported that Cuomo may begin floating various forms of congestion pricing next year in his State of the State speech. As recently as his Friday appearance on “The Brian Lehrer Show,” Bill de Blasio proclaimed congestion pricing a non-starter due to the environment in Albany. The mayor, a motorist, has been loathe to carry the torch for a plan, but it could be, in the parlance of our times, something of a game of multi-dimensional chess. If de Blasio supports it, Cuomo won’t, and if Cuomo comes up with it first so that it’s one of his pet ideas, the governor will find a way to push it through.

So perhaps the endgame of this summer’s (and spring’s and fall’s and winter’s) bad subway service is a fight for and over congestion pricing. There are worse outcomes for the city; that’s for sure. But right now, the subways need Lhota’s action plan and better service before the bottom falls out. Let the politicians duke it out, and someone, for the love of all that’s holy, please pick up the mantle of cost reform.

Gov. Cuomo wants to light up the MTA’s bridges, but it seems superfluous in an era of subway decline.

Let’s talk for a few minutes about the Governor, New York City bridges and another Cuomo-inspired idea to turn those bridges into a coordinated light show in part in order to attract tourists to the city. This has been an ongoing plan of the Governor’s for a while, and similar to the backward AirTrain, it’s a top-down plan that does nothing to address fundamental issues of mobility plaguing New York while showing Cuomo’s misplaced priorities. And someone has to pay for it.

Enter Dana Rubinstein and her piece in Politico:

Before a spring meltdown turned into a full-on “summer of hell” for the city’s subways, Gov. Andrew Cuomo was proudly promoting a project to outfit the region’s bridges with pulsating, multi-colored LED lights that could provide choreographed light shows in concert with the city’s skyscrapers. “So, literally, you’ll have bridges all across the New York City area that are choreographed — nothing like this has been done on the planet,” Cuomo told reporters in January.

Now, amid daily reports of infrastructure failures and the governor’s sliding poll numbers, the Cuomo administration will not even say how much the lighting scheme will cost — except to dispute early, internal estimates it could cost more than $350 million — or where that money will come from. “This is definitively NOT being paid for by the MTA,” emailed Cuomo spokesman Jon Weinstein.

The project, part of a broader plan called “New York Crossings,” would outfit the MTA’s seven bridges and two tunnels — and the Port Authority’s George Washington Bridge — with pulsating, multicolored LED lights that can be choreographed with each other, with the Empire State Building and with One World Trade. But if not the MTA, who will be paying for it? “We are considering options,” Weinstein said, “but as it is a project to generate tourism and economic development, and uses technology for energy efficiency, it will be financed by [the New York Power Authority] and parts of the project could likely be funded by [Empire State Development].”

That may come as a surprise to board members of the New York Power Authority, who discussed an MTA lighting project at their meeting in January. They were told the project would be paid for by the MTA, which, like the Power Authority, is effectively controlled by the governor. In March, the NYPA board was presented with unaudited financial reports showing an LED lighting project for the MTA was slated to cost $216 million. That the MTA would foot the bill was also the understanding within the agency, according to two knowledgeable sources. Those sources also said the MTA has been working to mitigate costs in order to make the project more politically palatable.

Later in the day, the mayor finally took a stand supporting subway riders (who also happen to be his constituents).”I can tell you that people who ride the subway are not interested in a light show,” Bill de Blasio said to reporters. In response, toward the end of the day, the Governor’s press team issued a legally incorrect statement claiming all capital funding relating to the subway is the responsibility of the city, and this debate seemed destined to become another battle in the war between Gov. Cuomo and Mayor de Blasio. The only casualties, besides the two politicians’ reputations as adults, are their overlapping constituents.

Statement from @Dani_Lever on @NYCMayor comments re: @MTA and light show pic.twitter.com/OObU2GGh8T

— Zack Fink (@ZackFinkNews) July 19, 2017

Politically in-fighting aside, the dust-up over the lights and Cuomo’s continued support for this show misplaced priorities and bad incentives. First, while I believe it’s ridiculous for Cuomo to tout the tourism benefits — who wants to stand near the Newtown Creek a mile from a subway stop watching traffic on the city’s most congested highway passes through the Kosciuszko Bridge? — bridge lights can and do drive visitors elsewhere. It’s not patently absurd on its face; it’s just the wrong transit priority and will incentivize bad behavior as it will lead to more cars on the road as people drive around looking at bridges. (See for instance this amusing exchange between SI Advance’s Anna Sanders and her parents.)

But it also highlights Cuomo’s fundamental misunderstanding of what’s important right now. The subway system is falling apart, and millions of New Yorkers — and visitors — can’t get around as easily and as reliably as they used to. This will have a much more negative impact on the city’s economy than the LED light show Cuomo wants to install on MTA bridges around the city. That no one knows who will pay for this or how much it will cost at a time when Cuomo’s pet projects are already draining other transit resources that should be available to address the subway crisis is icing on the cake. For now, the focus should be on shoring up mass transit. The light shows can wait.

It’s not controversial to state that the Governor of New York State controls the MTA. Our state’s executive directly appoints a plurality of MTA Board members, including the MTA Board Chair and all the bureaucrats tasked with leading the day-to-day operations of the transportation authority. The governor controls funding mechanisms and sets policy agendas, and this current governor has been particularly heavy-handed with pushing preferred projects and installing party loyalists in key positions.

But Governor Andrew Cuomo, faced with a daily crisis over subway service reliability, has, instead of fixing the subways, decided to draw the transit world into a different fight entirely. He wants full majority control of the MTA Board, and he wants it now. In a last-minute push as the Albany legislative session winds down, Cuomo announced via press release a move to expand his control over an agency he already controls. Cuomo’s proposal would allow him to appoint two more members to the vote and give his Board chair a second vote, thus granting the state eight appointees and nine Board votes, for a full majority of nine votes out of a proposed 17-vote structure.

Cuomo’s press release was mostly just an essay from the governor distorting the reality of MTA control. Make no mistakes about it: The governor controls the MTA, but he would have you believe otherwise. Said the guv:

“The MTA Board structure assumed regional participation in the metropolitan area’s transportation systems but left no one in charge. While New York State has six of the 14 voting seats – that is not control. There is no transformative plan that will require major change and possibly more investment that will be agreed upon by the various separate political bodies with competing needs. Complex projects don’t get effectively managed by unanimous agreement of large political bureaucracies. We don’t have 10 years to do this. The state will dedicate itself to the task and assume responsibility, but the state needs the authority.

…On the Second Avenue Subway project, for example, the MTA was floundering. The state took control of the projects using state personnel. The other members of the MTA Board did not oppose the state’s role as it was either not in their region or because they had no desire to participate in what appeared to be a doomed project. The Second Avenue Subway had been delayed for years and was projected to miss the deadline again. With the state’s intervention, we completed the task on deadline.

Some people assume the state’s six voting seats are the majority and say the state has control. Obviously, six is not a majority of the 14 voting seats, and many issues generate controversy that can cause the other jurisdictions to defeat the six votes. We have seen it already on questions of increasing local government’s operating expense contributions, but if their position is the state has control than actually providing that control should not be an issue. They can’t logically assert state control and oppose it at the same time.

In sum, let’s fix the fundamental and initial mistake – ‘put someone in charge.’ The state is the obvious entity to manage a regional network, and the state contributes a multiple of any other jurisdiction’s funding. The simple fact is if no one has the responsibility and the authority, fundamental, rapid change of any culture or system is impossible.”

This is classic Cuomo strawman. Despite his claims that many issues “can cause the other jurisdictions to defeat the six votes” the Governor controls, in practice, this doesn’t happen. Recent city appointees to the Board — most notably Veronica Vanterpool — have probed MTA dealings with a level of attention and detail not seen in recent years, but a voting bloc designed to combat Cuomo’s proposals simply hasn’t emerged. Cuomo gets his way because he has power over the MTA Board and controls the day-to-day operations of the agency.

This announcement came as a big surprise, especially at a time when the MTA has no permanent head. (As an amusing exchange between Dana Rubinstein and Fernando Ferrar laid bare, the current acting MTA chair isn’t too keen on this temporary arrangement lasting much longer.) On Monday night, the State Senate approved a Cuomo ally Scott Rechler to the MTA Board, seemingly out of nowhere, but Cuomo hasn’t named a permanent CEO/Chair or further explored his desire to split the position into two. Is he trying to distract from a leaderless MTA suffering through a crisis of reliability? Is he trying to shore up power ahead of securing point-of-no-return funding for his Moynihan Station mall or Backwards AirTrain or LIRR summer discount program (for which the MTA is already offering tickets even without Board approval)? This is speculation for now without concrete answers as Cuomo appears to be anticipating a hypothetical that does not currently exist and never has.

Jon Weinstein, the governor’s transportation spokesman, offered more clarity via Twitter but refused to respond to many reporters asking if the Board had ever overruled a governor. His statement bolstered the Governor’s claims but did little to shed light on the origins of this surprising move.

Everyone is fond of saying the Governor already controls the MTA – but the votes don't play that out.

— Jon Weinstein (@jonweinstein) June 20, 2017

Meanwhile, advocates weren’t impressed. The Riders Alliance issued a strident statement on Tuesday afternoon. “Governor Cuomo’s MTA board proposal obscures the very real fact that the Governor already controls the MTA. The Governor appoints the MTA chair, the Governor appoints the most board members, the Governor dictates MTA spending priorities and the Governor dominates the State budget and legislative negotiations that determine how the MTA does its job. In practice, can the Governor point to any situation in which other MTA board members have teamed up to block his initiatives?” the group queried. “The problem is not MTA board structure; the problem is the absence of leadership and the lack of a credible plan from Governor Cuomo for how he will fix the subway. Riders don’t have the luxury of quibbling over MTA board governance when we know it’s not the real issue. We need a plan from the Governor and a reliable source of funding that can fix our disastrous commutes.”

Yet, on its surface, clear gubernatorial control isn’t an inherently negative idea. It would give the public a clear whipping boy for all things wrong with the MTA, and it would not allow Cuomo to take credit for the good while claiming the MTA isn’t under his control when constant bad news fills the headlines. It’s strange he would make a power grab at a time when tabloids are hammering bad subway service on a daily basis, but I’m having trouble sussing out how this move dilutes the MTA structure, unless Cuomo decided to use the power for bad intentions. He could appoint sycophants, but he’d still own the problem of bad subway service.

Interestingly, in fact, this isn’t the first time a Governor Cuomo has proposed such a move. Back in 1983, when I was but a wee lad of 2.5 months old, Mario Cuomo, who campaigned on abolishing the MTA, proposed the exact same thing. He wanted the MTA Chair to serve a term of indeterminate length at “the pleasure of the governor” and hoped to add three Board seats to cement the Albany-empowered majority. A few months later, Cuomo the elder backed down, and the largely toothless position of MTA Inspector General arose out of the brouhaha.

Will this year’s proposal meet the same fate? It’s clearly a late power-grab by Cuomo as Albany’s lawmaking clock ticks toward zoer, but Politco New York’s man in Albany Jimmy Vielkind found indifference and opposition to the proposal a few minutes after it was announced publicly. Either way, Cuomo seems to playing a game with the still-leaderless MTA that he already controls at a time when the agency, and the transportation systems it runs, need a champion, not a governor masquerading as a chessmaster.

The Governor’s presentation hit the right keywords but can it deliver on its substance?

If the definition of insanity is doing the same thing over and over again and expecting different results, is our Governor insane or are we, the subway-riding public of New York City, simply being played for a bunch of fools? And how many times can the same governor do the same thing in response to the same problem while being the same cause of the same bottleneck he always is? If I sound a bit cynical, well, I think I have good reason.

On Tuesday, after a week spent claiming the MTA wasn’t his responsibility or his problem, Governor Andrew Cuomo did an about-face and decided that, this week, while the headlines out there are for the gettin’, the MTA is once again his state agency. He took a well-deserved beating from transit advocates, and with the MTA facing mounting problems and a growing sense that the system is collapsing rapidly in on itself, Cuomo, with a rather tongue-in-cheek presentation [pdf] announced that not only will he be dead before the MTA finishes its signal system upgrades but that he may actually try to pretend to nudge the agency toward a faster solution. The whole thing is part of his new “MTA Transit Genius Challenge,” yet another attempt by the Governor to reinvent the New York City transit wheel.

The Challenge is a Cuomo special. It’s a panel that will hear ideas from other people, award someone $1 million in prize money and do nothing with the results. The panel is being billed as part of an “international competition” that will “convene participants from the technology, engineering and business sectors to address the subway’s three most vexing technology and design challenges.” These three areas are: 1) An aging signal system and a replacement plan that’s far too slow; 2) aging cars that are breaking down more often and the slow pace of development and delivery of new rolling stock; and 3) the, uh, lack of cellular and wifi connectivity in subway tunnels. I have no idea how number 3 made that list, but wifi/USB ports/”21st Century Technology” has been a Cuomo fetish for a few years.

(At the same time, Cuomo announced another panel of unqualified experts who are being tasked with solving Penn Station. One of the options they are considering involves turning operations over to the Port Authority. This is somehow going to fix something. I have no idea who thinks of these things, but I digress.)

If Cuomo’s panel idea sounds familiar, well, that’s because it is. Do you remember the 2014 MTA Reinvention Commission? Cuomo convened this panel to advise on the 2015-2019 capital plan and longer-term challenges facing the MTA. It barely met, was stonewalled by Cuomo himself and then released an underwhelming report nearly eight weeks late. The MTA has implemented none of the buzzword-y recommendations that commission suggested and remains very much un-reinvented.

So will this be any different? Early assessments are not optimistic. Max Rivlin-Nalder, writing at the Village Voice, seemed skeptical; Streetsblog wants to see the MTA pay more attention to its internal experts whose voices have increasingly been lost to culture, bureaucracy and brain-drain over the past five years; and Stephen Miller rightly mocked the presentation, which seemed almost to be poking fun at subway commuters and their problems rather than taking these concerns seriously.

I can’t praise Cuomo for taking credit and responsibility for the MTA here because he’s not doing anything to fix it. He’s simply responding to a cavalcade of bad press from The Times opinions pages to the paper’s news coverage to Daily News opinions pages. He’s also not taking on the key obstacles — procurement reform; capital cost reform; and union work rules. Without a holistic approach to MTA reform, we’ll get snarky PowerPoints, a contest that will sputter out, and a promise that maybe the MTA will consider contracting with the person who comes up with the winning idea. Is this a fix or is this just business as usual for a governor constantly talking about reinventing the MTA but not actually doing anything about it?

We have lot of catching up to do, but let’s start with a true statement: Subway service has been abysmal lately. Not a rush hour goes by without signal problems somewhere, delays, rerouting, cramped quarters and unhappy commuters. With no real fixes to the MTA’s problems on the short-term horizon, the agency recently announced a modest plan to improve subway reliability. But without a multi-billion-dollar commitment to quickly overhaul its signal system, the plan — faster dispatching to fix problems — amounts to lipstick on a rapidly aging pig.

While talking about this plan earlier this week, Ronnie Hakim, the MTA’s interim director, told Dana Rubinstein that it “really started with a series of conversations with Governor Cuomo, where he just clearly recognized that from his perspective, subway service is just not meeting the needs of New Yorkers.” Service, Cuomo is reported to have said, is “not satisfactory.”

This sounds very much like something Cuomo, who has recently taken a keen interest in ribbon-cutting and fancy renderings, would want to avoid, and lo and behold, here is the latest via Dana Rubinstein at Politico New York:

Gov. Andrew Cuomo, following weeks of service failures in New York City’s subways, told reporters Thursday that his responsibility for the Metropolitan Transportation Authority merely consists of appointing a few people to its board, a responsibility shared by Mayor Bill de Blasio and county executives across the state. The state-run authority, he said, is a “regional transportation system.”

“I have representation on the board,” the governor said. “The City of New York has representation on the board, so does Nassau, Suffolk, Dutchess, Putnam, Rockland, other counties, okay?”

…When asked about that [six-point] plan on Thursday, Cuomo had this to say: “First, I didn’t propose short-term fixes. The MTA did.”

This is not, you may remember, the first time the Governor has tried to distance himself from the MTA’s problems. He tried to claim in 2015, unbelievable, that the MTA wasn’t a state agency because its services are provided downstate. But submitted for your consideration is a screenshot of my inbox:

Cuomo clearly wants to own all the good news produced by the MTA, but when it comes to the bad, he cuts and runs. It’s his MTA when he wants to host a party to celebrate the opening of the Second Ave. Subway. It’s his MTA when the city’s bridges begin to light up. It’s his MTA when it comes to building the Backwards AirTrain or overhauling the aesthetics of Penn Station. But he doesn’t want the MTA that can’t provide adequate and reliable rush hour service and would need to reconsider 24/7 citywide service to truly address its problems. He doesn’t want the MTA we all hate. He just wants the photo ops.

That’s now how this works; that’s not how any of this works. If Cuomo wants to be the man with the plan for New York state, let alone a national leader (Hah. I know.), this mess belongs to him, and he has to own it and fix it. It’s your MTA, Governor Cuomo, whether you announce it or not.