S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4625
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, in relation to enacting  the
   metropolitan transportation authority open data act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "metropol-
 itan transportation authority open data act".
   §  2.  Legislative findings. The legislature finds that the release of
 data, in a format that is easily accessible, understandable  and  usable
 by  the  public, can increase civic engagement with government. In addi-
 tion, in an authority providing a public service and operating an enter-
 prise as vast as that  of  the  Metropolitan  Transportation  Authority,
 transparency  in data is in the public's best interest. It is the intent
 of the legislature that the authority and its  subsidiaries  release  as
 much  data as is feasible in open formats, so that the public can access
 that data, analyze it, and engage with the  authority  with  suggestions
 and solutions to improve its operations.
   §  3.  The  public  authorities law is amended by adding a new section
 1279-j to read as follows:
   § 1279-J. OPEN DATA  REPORTING.  1.  THE  METROPOLITAN  TRANSPORTATION
 AUTHORITY  AND  ITS  SUBSIDIARIES AND AFFILIATES, INCLUDING THE NEW YORK
 CITY TRANSIT AUTHORITY AND THE TRIBOROUGH BRIDGE AND  TUNNEL  AUTHORITY,
 SHALL  FULLY  COMPLY  WITH THE PROVISIONS OF EXECUTIVE ORDER 95 OF 2013,
 "USING TECHNOLOGY TO PROMOTE TRANSPARENCY, IMPROVE  GOVERNMENT  PERFORM-
 ANCE  AND  ENHANCE  CITIZEN  ENGAGEMENT," AND SHALL PROVIDE THE NEW YORK
 STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES AND LEGISLATURE ALL DATA
 AS DEFINED IN THIS SECTION.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05619-03-1
              

 S. 4625                             2
 
   (A)  "OPEN  DATA  WEBSITE"  SHALL MEAN THE WEBSITE DATA.NY.GOV OR SUCH
 OTHER SUCCESSOR WEBSITE MAINTAINED BY, OR ON BEHALF OF,  THE  STATE,  AS
 DEEMED APPROPRIATE BY THE NEW YORK STATE OFFICE OF INFORMATION TECHNOLO-
 GY SERVICES UNDER EXECUTIVE ORDER 95 OF 2013, OR ANY SUCCESSOR AGENCY OR
 ORDER;
   (B)  "DATA" SHALL MEAN FINAL VERSIONS OF STATISTICAL OR FACTUAL INFOR-
 MATION THAT (I) ARE IN ALPHANUMERIC FORM REFLECTED  IN  A  LIST,  TABLE,
 GRAPH,  CHART  OR OTHER NON-NARRATIVE FORM, THAT CAN BE DIGITALLY TRANS-
 MITTED OR PROCESSED; (II) ARE REGULARLY CREATED OR MAINTAINED BY  OR  ON
 BEHALF  OF  THE  METROPOLITAN TRANSPORTATION AUTHORITY, ITS SUBSIDIARIES
 AND AFFILIATES AND ARE CONTROLLED BY SUCH ENTITIES; AND (III)  RECORD  A
 MEASUREMENT,  TRANSACTION OR DETERMINATION RELATED TO THE MISSION OF THE
 METROPOLITAN TRANSPORTATION AUTHORITY, ITS SUBSIDIARIES AND  AFFILIATES.
 THE  TERM  "DATA"  SHALL NOT INCLUDE IMAGE FILES, SUCH AS DESIGNS, DRAW-
 INGS, PHOTOS OR SCANNED COPIES OF ORIGINAL DOCUMENTS; PROVIDED, HOWEVER,
 THAT THE TERM "DATA" SHALL INCLUDE STATISTICAL  OR  FACTUAL  INFORMATION
 ABOUT IMAGE FILES AND GEOGRAPHIC INFORMATION SYSTEM DATA;
   (C)  "DATA SET" SHALL MEAN A NAMED COLLECTION OF RELATED RECORDS MAIN-
 TAINED ON A STORAGE DEVICE, WITH THE COLLECTION CONTAINING  DATA  ORGAN-
 IZED  OR  FORMATTED  IN  A  SPECIFIC OR PRESCRIBED WAY, OFTEN IN TABULAR
 FORM; AND
   (D) "PUBLISHABLE MTA DATA" SHALL MEAN DATA THAT IS  COLLECTED  BY  THE
 METROPOLITAN  TRANSPORTATION  AUTHORITY, ITS SUBSIDIARIES AND AFFILIATES
 WHERE THE AUTHORITY, SUBSIDIARY OR AFFILIATE IS PERMITTED,  REQUIRED  OR
 ABLE  TO  MAKE THE DATA AVAILABLE TO THE PUBLIC, CONSISTENT WITH ANY AND
 ALL APPLICABLE LAWS, RULES, REGULATIONS, ORDINANCES, RESOLUTIONS,  POLI-
 CIES  OR  OTHER RESTRICTIONS, REQUIREMENTS OR RIGHTS ASSOCIATED WITH THE
 PUBLISHABLE MTA DATA, INCLUDING BUT NOT LIMITED TO CONTRACTUAL OR  OTHER
 LEGAL  ORDERS, RESTRICTIONS OR REQUIREMENTS. DATA SHALL NOT BE PUBLISHA-
 BLE MTA DATA IF MAKING SUCH DATA AVAILABLE  ON  THE  OPEN  DATA  WEBSITE
 WOULD  VIOLATE  STATUTE  OR  REGULATION,  INCLUDING, BUT NOT LIMITED TO,
 DISCLOSURES THAT WOULD CONSTITUTE AN UNWARRANTED  INVASION  OF  PERSONAL
 PRIVACY, ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE, HINDER THE OPER-
 ATION  OF  GOVERNMENT,  INCLUDING  CRIMINAL AND CIVIL INVESTIGATIONS, OR
 IMPOSE AN UNDUE FINANCIAL, OPERATIONAL OR ADMINISTRATIVE BURDEN  ON  THE
 AUTHORITY OR ITS SUBSIDIARIES OR AFFILIATES.
   3.  AS REQUIRED BY EXECUTIVE ORDER 95 OF 2013, THE METROPOLITAN TRANS-
 PORTATION AUTHORITY SHALL DESIGNATE A DATA COORDINATOR, WHO SHALL:
   (A) HAVE AUTHORITY EQUIVALENT TO THAT OF A DEPUTY COMMISSIONER OR  THE
 HEAD OF A DIVISION OR DEPARTMENT;
   (B) HAVE KNOWLEDGE OF DATA AND RESOURCES IN USE BY THE ENTITY; AND
   (C)  BE  RESPONSIBLE  FOR THE COMPLIANCE OF THE AUTHORITY, ITS SUBSID-
 IARIES AND AFFILIATES WITH THE ORDER.
   4. THE AUTHORITY AND ITS SUBSIDIARIES AND AFFILIATES SHALL MAKE  THEIR
 PUBLISHABLE  MTA DATA AVAILABLE ON ITS WEBSITE AND THE OPEN DATA WEBSITE
 AS FOLLOWS:
   (A) THE AUTHORITY SHALL CREATE A CATALOGUE  OF  PUBLISHABLE  MTA  DATA
 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION;
   (B) THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL WITHIN ONE HUNDRED
 EIGHTY  DAYS OF THE EFFECTIVE DATE OF THIS SECTION, SUBMIT TO THE LEGIS-
 LATURE AND PUBLISH ON ITS SHARED INTERNET WEBSITE A SCHEDULE FOR  MAKING
 ITS PUBLISHABLE MTA DATA PUBLICLY AVAILABLE. SUCH SCHEDULE SHALL PROVIDE
 FOR UPDATING THE DATA CATALOGUE AS APPROPRIATE; AND
   (C)  THE  METROPOLITAN TRANSPORTATION AUTHORITY SHALL CREATE SCHEDULES
 FOR PUBLISHING ALL PUBLISHABLE MTA DATA WITHIN THREE YEARS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.

 S. 4625                             3
 
   5. THE METROPOLITAN TRANSPORTATION  AUTHORITY,  ITS  SUBSIDIARIES  AND
 AFFILIATES SHALL NOT BE PREVENTED FROM PUBLISHING DATA IN ADVANCE OF THE
 DATES SET IN THEIR SCHEDULES.
   §  4.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
 authorities law, as amended by chapter 425  of  the  laws  of  2018,  is
 amended to read as follows:
   (b)  The  chairman  shall  establish  committees  to assist him in the
 performance of his duties and shall appoint members of the authority  to
 such  committees.  Among  such committees, there shall be a committee on
 operations of the New York city transit  authority,  the  Manhattan  and
 Bronx  surface  transit  operating authority and the Staten Island rapid
 transit operating authority; a  committee  on  operations  of  the  Long
 Island  Rail Road and the metropolitan suburban bus authority; a commit-
 tee on operations of the Metro-North commuter railroad; a  committee  on
 operations of the Triborough bridge and tunnel authority; a committee on
 finance;  a committee on capital program oversight; A COMMITTEE ON TECH-
 NOLOGY AND OPEN DATA; and a committee on safety.  In  addition  to  such
 appointed members, each of the non-voting members referred to in subpar-
 agraph  two  of  paragraph  (a) of subdivision one of this section shall
 serve on the committee on capital program oversight,  the  committee  on
 finance,  the  committee  on  safety, the committee on operations of the
 Triborough bridge and tunnel authority,  and  the  operations  committee
 relevant  to  the  commuter  council  that  recommended such member. The
 alternate non-voting members shall each serve on  the  respective  oper-
 ations  committee relevant to the commuter council that recommended each
 member. The committee on capital program oversight and the committee  on
 safety  shall include not less than three members, and shall include the
 chairpersons of the committee on operations of the New York city transit
 authority, the Manhattan and Bronx surface transit  operating  authority
 and  the  Staten Island rapid transit operating authority, the committee
 on operations of the Long Island Rail Road and the metropolitan suburban
 bus authority, and the committee on operations of the Metro-North commu-
 ter railroad. The committee on safety shall convene at least once  annu-
 ally  and  each committee chairperson, that is a member of the committee
 on safety, shall report to the committee on safety any  and  all  initi-
 atives, concerns, improvements, or failures involving the safety of: (1)
 customers;  (2)  employees;  and (3) the public at large, in relation to
 authority facilities and services. The capital program committee  shall,
 with  respect  to  any  approved  or proposed capital program plans, (i)
 monitor the current and future availability of funds to be utilized  for
 such  plans  approved  or  proposed  to be submitted to the metropolitan
 transportation capital program  review  board  as  provided  in  section
 twelve  hundred  sixty-nine-b  of  this title; (ii) monitor the contract
 awards of the metropolitan transportation authority  and  the  New  York
 city  transit  authority  to insure that such awards are consistent with
 (A) provisions of law authorizing United States  content  and  New  York
 state  content;  (B) collective bargaining agreements; (C) provisions of
 law providing for participation by minority and women-owned  businesses;
 (D)  New  York  state  labor  laws; (E) competitive bidding requirements
 including those regarding sole source contracts; and (F) any other rele-
 vant requirements  established  by  law;  (iii)  monitor  the  award  of
 contracts  to determine if such awards are consistent with the manner in
 which the work was traditionally performed in the past provided,  howev-
 er,  that  any such determination shall not be admissible as evidence in
 any arbitration or judicial proceeding;  (iv)  review  the  relationship
 between  capital expenditures pursuant to each such capital program plan

 S. 4625                             4
 
 and current and future operating budget requirements;  (v)  monitor  the
 progress  of  capital  elements  described  in each capital program plan
 approved as provided in section  twelve  hundred  sixty-nine-b  of  this
 title;  (vi)  monitor  the  expenditures incurred and to be incurred for
 each such element; and (vii) identify capital elements  not  progressing
 on  schedule,  ascertain  responsibility  therefor  and  recommend those
 actions required or appropriate to accelerate their implementation.  The
 capital  program  committee shall issue a quarterly report on its activ-
 ities and findings, and shall in connection with the preparation of such
 quarterly report, consult with the state division  of  the  budget,  the
 state  department  of  transportation,  the  members of the metropolitan
 transportation authority capital program  review  board  and  any  other
 group  the committee deems relevant, including public employee organiza-
 tions, and, at least annually, with a nationally recognized  independent
 transit  engineering  firm.  Such  report shall be made available to the
 members of the authority, to the members of the metropolitan transporta-
 tion authority capital program review board, and the  directors  of  the
 municipal assistance corporation for the city of New York.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (b) of subdivision 4 of section 1263 of  the
 public authorities law made by section four of this act shall not affect
 the  expiration  of  such paragraph and shall be deemed to expire there-
 with.