Jersey Mike wrote:
If the rules of conduct re: Photos are set forth in the MTA's enabling legislation...wouldn't a photo ban need to be approved by the state legislature and not the MTA board?
No.
(None of the responses you have received so far are correct, at least not entirely so. My answer is correct, but don't take my word for it: I've included links so that you may read up on it. You heard it here first.)
The Metropolitan Transportation Authority is what is known as a public authority. It was created by the New York State legislature. If you're interested, look at section 1260 et seq. of NYS Public Authorities law. Click. The New York City Transit Authority is also a public authority, section 1200 et seq., click.
Public authorities (and other agencies) in the state are typically authorized (by the legislature) to promulgate their own rules and regulations without additional intervention of the legislature. For our purposes, this is covered in section 1266 (paragraph 4) for the MTA and 1204 (paragraph 5a) for the NYCTA. This is what's called "enabling legislation."
Rulemaking for public authorities (and other entities, collectively termed "agencies") is codified in the State Administrative Procedure Act. Click. The specifics are covered in section 202. Click. SAPA is kind of dense, so I'll condense it for you: an agency must publish its intent to amend its rules consistent with the enabling legislation and solicit and hear public comment before it may actually make the amendment. Publication occurs via the State's Department of State (seriously), which places notices in the State Register. The State Register is now available online. Click. To date, neither the MTA nor NYCTA have published a notice of proposed rulemaking pertaining to photography, or anything else, for that matter. The State Register is published weekly, on Wednesdays. Keep watching it to see what, if anything, happens.
An agency can adopt a rule even in the face of public opposition, but they are required to respond to public comment.
Once a rule is adopted, you'll find it published in NYCRR (New York Codes, Rules, and Regulations). One famous bit of NYCRR around here is 21 NYCRR 1050, which covers NYCTA. Click (or see it in printed format).
An agency can be sued over a rule. If a photography ban is adopted, this will happen.
If you're familiar with the way things are done in the federal government, these analogues may be helpful:
Statutes enacted by the legislature, such as those embodied in the Public Authorities law and SAPA, are analagous to Congressional acts, as published in the United States Code.
The State Register is analogous to the Federal Register.
NYCRR, is similar to the CFR (Code of Federal Regulations), which includes rules adopted by federal agencies.