S T A T E   O F   N E W   Y O R K
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                                  3309

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. BRENNAN, JAFFEE, MAISEL, ZEBROWSKI -- Multi-Spon-
  sored  by -- M. of A.  ABBATE, CLARK, COLTON, CUSICK, DINOWITZ, GLICK,
  HOOPER, JACOBS, ORTIZ, PHEFFER, ROBINSON, WEISENBERG, WRIGHT  --  read
  once  and  referred  to the Committee on Corporations, Authorities and
  Commissions

AN ACT to amend the public authorities law, in relation to providing for
  additional reporting guidelines for  the  metropolitan  transportation
  authority's  annual  financial  statements and when proposing fare and
  toll increases

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public  authorities  law  is amended by adding a new
section 2800-a to read as follows:
  S 2800-A. ADDITIONAL REPORT BY THE METROPOLITAN TRANSPORTATION AUTHOR-
ITY. 1. IN ADDITION TO THE REQUIREMENTS OF SECTION TWENTY-EIGHT  HUNDRED
OF  THIS  TITLE, THE REPORT OF THE METROPOLITAN TRANSPORTATION AUTHORITY
SHALL BE SUBMITTED ON A FORM  THAT  SHALL  CONFORM  TO  ALL  REGULATIONS
PROMULGATED  BY  AND/OR  REQUIREMENTS  PRESCRIBED  BY THE NEW YORK STATE
COMPTROLLER AND SHALL SET FORTH THE FOLLOWING INFORMATION  IN  A  CLEAR,
COMPLETE AND DETAILED MANNER.
  2.  THE AUTHORITY SHALL SET FORTH THE OPERATING BUDGET OF EACH SUBSID-
IARY AND/OR AFFILIATE, INCLUDING BUT NOT LIMITED TO THE  NEW  YORK  CITY
TRANSIT  AUTHORITY, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, THE LONG
ISLAND RAILROAD, METRO-NORTH RAILROAD, AND LONG ISLAND BUS.  THE  REPORT
OF  EACH  SUCH  SUBSIDIARY  AND/OR  AFFILIATE SHALL SEPARATELY SET FORTH
REVENUE FROM FARES AND TOLLS, REVENUE FROM GOVERNMENTAL BODIES,  INCLUD-
ING  SEPARATELY  STATING  REVENUE  FROM  EACH SUCH GOVERNMENTAL BODY AND
SEPARATELY IDENTIFYING THE STATUTORY AUTHORITY FOR EACH  REVENUE  SOURCE
FROM  SUCH GOVERNMENTAL BODY.  THE REPORT SHALL SEPARATELY SET FORTH ALL
OTHER REVENUE SOURCES, INCLUDING, BUT NOT  LIMITED  TO,  SALES,  LEASES,
RENTAL  CONTRACTS,  FRANCHISES,  ADVERTISING,  OTHER  BUSINESS  REVENUE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06022-01-1
              

A. 3309                             2

INTEREST AND MISCELLANEOUS REVENUE. THE  REPORT  SHALL  ALSO  SET  FORTH
REVENUE  FOR EACH SUBSIDIARY AND/OR AFFILIATE OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY TRANSFERRED FROM ANY OTHER SUBSIDIARY AND/OR  AFFIL-
IATE  OF  THE  METROPOLITAN TRANSPORTATION AUTHORITY, AND SHALL IDENTIFY
THE AMOUNT OF SUCH TRANSFER.  THE REPORT SHALL  SEPARATELY  FURTHER  SET
FORTH  ANY  REVENUE  FROM  EXTRAORDINARY  ITEMS FOR USE IN THE OPERATING
BUDGET, INCLUDING, BUT NOT LIMITED TO, PROCEEDS FROM BOND OR NOTE SALES,
OR BOND OR NOTE REFINANCINGS, OR OTHER EXTRAORDINARY ITEMS.
  3. THE AUTHORITY SHALL ALSO SET FORTH IN A CLEAR AND  DETAILED  MANNER
THE EXPENSES OF EACH SUCH SUBSIDIARY AND/OR AFFILIATE, INCLUDING BUT NOT
LIMITED  TO  SALES,  LEASES,  RENTAL CONTRACTS, FRANCHISES, ADVERTISING,
OTHER BUSINESS REVENUE, INTEREST AND MISCELLANEOUS REVENUE.  THE  REPORT
SHALL SET FORTH SEPARATELY THE SALARIES, WAGES AND BENEFITS OF THE OFFI-
CERS,  MANAGERIAL AND OTHER EMPLOYEES NOT COVERED BY COLLECTIVE BARGAIN-
ING AGREEMENTS, AND THE  SALARIES,  WAGES,  AND  BENEFITS  OF  EMPLOYEES
COVERED  BY  COLLECTIVE  BARGAINING AGREEMENTS. THE REPORT SHALL FURTHER
SET FORTH OTHER EXPENSES, INCLUDING, BUT NOT LIMITED TO,  MATERIALS  AND
SUPPLIES,  ENERGY  AND  POWER,  DEBT  SERVICE, DEPRECIATION, CONTRACTUAL
SERVICES, RENTALS, LEASES, AND OTHER MISCELLANEOUS EXPENSES. THE  REPORT
SHALL  FURTHER SEPARATELY SET FORTH ALL TRANSFERS FROM EACH SUCH SUBSID-
IARY AND/OR AFFILIATE OF THE AUTHORITY, TO EACH AND EVERY OTHER  SUBSID-
IARY  AND/OR AFFILIATE OF THE AUTHORITY, INCLUDING THE AUTHORITY ITSELF.
WITH RESPECT TO THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY,  ITS  REPORT
SHALL CLEARLY SHOW AND SEPARATELY IDENTIFY ALL TRANSFERS OF FUNDS TO THE
OTHER  SUBSIDIARIES  AND/OR  AFFILIATES,  AS WELL AS TO THE METROPOLITAN
TRANSPORTATION AUTHORITY ITSELF. WITH RESPECT TO THE DEBT SERVICE OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY, THE REPORT SHALL PROVIDE A SCHE-
DULE THAT SHOWS THE MONEY PROPORTION OF THE DEBT  SERVICE  ALLOWABLE  TO
EACH SUBSIDIARY AND/OR AFFILIATE OF THE AGENCY, INCLUDING ITSELF AND THE
METROPOLITAN TRANSPORTATION AUTHORITY.
  4.  THE  METROPOLITAN TRANSPORTATION AUTHORITY SHALL PROVIDE A REPORT,
SHOWING ITS OPERATING BUDGET, ITS REVENUES, EXPENSES, AND TRANSFERS,  IN
A LIKE MANNER IN A REPORT APPROVED BY THE NEW YORK STATE COMPTROLLER.
  S 2. Section 2804 of the public authorities law is amended by adding a
new subdivision 5 to read as follows:
  (5) WITH RESPECT TO INFORMATION SET FORTH IN PARAGRAPH (B) OF SUBDIVI-
SION  ONE  OF  THIS  SECTION,  THE METROPOLITAN TRANSPORTATION AUTHORITY
SHALL REPORT SUCH INFORMATION IN THE MANNER REQUIRED BY  THE  PROVISIONS
OF SECTION TWENTY-EIGHT HUNDRED-A OF THIS TITLE FOR THE YEAR IMMEDIATELY
PRECEDING  SUCH  ANNOUNCEMENT, UP TO THE CALENDAR QUARTER LAST COMPLETED
NINETY DAYS PRIOR TO SUCH ANNOUNCEMENT OF A PROPOSED INCREASE  IN  FARE,
FEE  OR TOLLS OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR ANY OF ITS
SUBSIDIARIES OR AFFILIATES;  PROVIDED  FURTHER,  HOWEVER,  THAT  IF  THE
REQUIREMENT  FOR  THE METROPOLITAN TRANSPORTATION AUTHORITY SET FORTH IN
THIS SUBDIVISION RESULTS IN A CALENDAR  QUARTER  REPORT  COMPLETED  MORE
THAN  ONE  HUNDRED  TWENTY  DAYS  PRIOR  TO  SUCH ANNOUNCEMENT, THEN THE
AUTHORITY SHALL FILE A FURTHER REPORT PURSUANT TO  THE  REQUIREMENTS  OF
THIS SECTION UP TO THE CALENDAR QUARTER LAST COMPLETED NINETY DAYS PRIOR
TO THE FIRST DAY OF THE SCHEDULED PUBLIC HEARINGS ON SUCH FARE, FEE, AND
TOLL INCREASES.
  S 3. Section 1205 of the public authorities law is amended by adding a
new subdivision 7-a to read as follows:
  7-A.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER OR OF
ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, THE AUTHORITY SHALL  SUBMIT  TO
THE  GOVERNOR,  COMPTROLLER,  CHAIRMAN  OF THE SENATE FINANCE COMMITTEE,
CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND  RANKING  MINORITY

A. 3309                             3

MEMBER OF EACH OF SUCH COMMITTEES, NOT LESS THAN ONE HUNDRED TWENTY DAYS
PRIOR  TO  THE PROPOSED DATE FOR ANY FUTURE INCREASE IN TRANSIT FARES, A
DETAILED REPORT SETTING FORTH: (A) THE NEED FOR SUCH INCREASE OR IMPOSI-
TION;  (B)  ITS  RECEIPTS  AND  DISBURSEMENTS, OR REVENUES AND EXPENSES,
DURING THE PRIOR THREE FISCAL YEARS, OR SO MUCH THEREOF AS IT  MAY  HAVE
BEEN  IN EXISTENCE, IN ACCORDANCE WITH THE CATEGORIES OR CLASSIFICATIONS
ESTABLISHED BY THE AUTHORITY OR COMMISSION FOR  ITS  OWN  OPERATING  AND
CAPITAL OUTLAY PURPOSES AS DETAILED IN SECTION TWENTY-EIGHT HUNDRED-A OF
THIS  CHAPTER;  (C)  ITS  ASSETS  AND LIABILITIES AT THE END OF ITS LAST
FISCAL YEAR INCLUDING THE STATUS OF RESERVE,  DEPRECIATION,  SPECIAL  OR
OTHER  FUNDS AND INCLUDING THE RECEIPTS AND PAYMENTS OF THESE FUNDS; (D)
A SCHEDULE OF BONDS AND NOTES OUTSTANDING AT THE END OF ITS FISCAL  YEAR
AND  THEIR  REDEMPTION  DATES,  TOGETHER WITH A STATEMENT OF THE AMOUNTS
REDEEMED AND INCURRED DURING SUCH FISCAL YEAR; (E) INFORMATION ON FUTURE
AUTHORITY OPERATIONS, DEBT SERVICE AND  CAPITAL  CONSTRUCTION,  TOGETHER
WITH  ESTIMATED RECEIPTS AND EXPENDITURES FOR THE NEXT FIVE FISCAL YEARS
WITHOUT REFERENCE TO SUCH  PROPOSED  INCREASE  OR  IMPOSITION;  AND  (F)
PROJECTIONS  AND  ESTIMATES AS TO THE EFFECT WHICH THE PROPOSED INCREASE
OR IMPOSITION WILL HAVE ON THE FUTURE USE  OF  THE  FACILITIES,  AND  AN
ESTIMATE  OF  THE REVENUES WHICH WILL ACCRUE TO THE AUTHORITY OR COMMIS-
SION AS THE RESULT OF THE PROPOSED  INCREASE  OR  IMPOSITION.    IF  THE
REQUIREMENT  FOR  THE METROPOLITAN TRANSPORTATION AUTHORITY SET FORTH IN
THIS SUBDIVISION RESULTS IN A CALENDAR  QUARTER  REPORT  COMPLETED  MORE
THAN  ONE  HUNDRED  TWENTY  DAYS  PRIOR  TO SUCH PROPOSED DATE, THEN THE
AUTHORITY SHALL FILE A FURTHER REPORT PURSUANT TO  THE  REQUIREMENTS  OF
THIS SECTION UP TO THE CALENDAR QUARTER LAST COMPLETED NINETY DAYS PRIOR
TO THE FIRST DAY OF THE SCHEDULED PUBLIC HEARINGS ON SUCH FARE, FEE, AND
TOLL INCREASES.
  S 4. Section 1263 of the public authorities law is amended by adding a
new subdivision 10 to read as follows:
  10.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS CHAPTER OR OF
ANY OTHER GENERAL, SPECIAL OR LOCAL LAW, THE AUTHORITY SHALL  SUBMIT  TO
THE  GOVERNOR,  COMPTROLLER,  CHAIRMAN  OF THE SENATE FINANCE COMMITTEE,
CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND  RANKING  MINORITY
MEMBER OF EACH OF SUCH COMMITTEES, NOT LESS THAN ONE HUNDRED TWENTY DAYS
PRIOR  TO  THE PROPOSED DATE FOR ANY FUTURE INCREASE IN TRANSIT FARES, A
DETAILED REPORT SETTING FORTH: (A) THE NEED FOR SUCH INCREASE OR IMPOSI-
TION; (B) ITS RECEIPTS AND  DISBURSEMENTS,  OR  REVENUES  AND  EXPENSES,
DURING  THE  PRIOR THREE FISCAL YEARS, OR SO MUCH THEREOF AS IT MAY HAVE
BEEN IN EXISTENCE, IN ACCORDANCE WITH THE CATEGORIES OR  CLASSIFICATIONS
ESTABLISHED  BY  THE  AUTHORITY  OR COMMISSION FOR ITS OWN OPERATING AND
CAPITAL OUTLAY PURPOSES AS DETAILED IN SECTION TWENTY-EIGHT HUNDRED-A OF
THIS CHAPTER; (C) ITS ASSETS AND LIABILITIES AT  THE  END  OF  ITS  LAST
FISCAL  YEAR  INCLUDING  THE STATUS OF RESERVE, DEPRECIATION, SPECIAL OR
OTHER FUNDS AND INCLUDING THE RECEIPTS AND PAYMENTS OF THESE FUNDS;  (D)
A  SCHEDULE OF BONDS AND NOTES OUTSTANDING AT THE END OF ITS FISCAL YEAR
AND THEIR REDEMPTION DATES, TOGETHER WITH A  STATEMENT  OF  THE  AMOUNTS
REDEEMED AND INCURRED DURING SUCH FISCAL YEAR; (E) INFORMATION ON FUTURE
AUTHORITY  OPERATIONS,  DEBT  SERVICE AND CAPITAL CONSTRUCTION, TOGETHER
WITH ESTIMATED RECEIPTS AND EXPENDITURES FOR THE NEXT FIVE FISCAL  YEARS
WITHOUT  REFERENCE  TO  SUCH  PROPOSED  INCREASE  OR IMPOSITION; AND (F)
PROJECTIONS AND ESTIMATES AS TO THE EFFECT WHICH THE  PROPOSED  INCREASE
OR  IMPOSITION  WILL  HAVE  ON  THE FUTURE USE OF THE FACILITIES, AND AN
ESTIMATE OF THE REVENUES WHICH WILL ACCRUE TO THE AUTHORITY  OR  COMMIS-
SION  AS  THE  RESULT  OF  THE PROPOSED INCREASE OR IMPOSITION.   IF THE
REQUIREMENT FOR THE METROPOLITAN TRANSPORTATION AUTHORITY SET  FORTH  IN

A. 3309                             4

THIS  SUBDIVISION  RESULTS  IN  A CALENDAR QUARTER REPORT COMPLETED MORE
THAN ONE HUNDRED TWENTY DAYS PRIOR  TO  SUCH  PROPOSED  DATE,  THEN  THE
AUTHORITY  SHALL  FILE  A FURTHER REPORT PURSUANT TO THE REQUIREMENTS OF
THIS SECTION UP TO THE CALENDAR QUARTER LAST COMPLETED NINETY DAYS PRIOR
TO THE FIRST DAY OF THE SCHEDULED PUBLIC HEARINGS ON SUCH FARE, FEE, AND
TOLL INCREASES.
  S 5. This act shall take effect immediately.