The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1442
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 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.
                                                            LBD05619-01-1

 A. 1442                             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.

 A. 1442                             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

 A. 1442                             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.  The  public  authorities law is amended by adding a new section
 1269-h to read as follows:
   § 1269-H. RIDERSHIP REPORTS. 1. DEFINITIONS. FOR THE PURPOSES OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "TYPE  OF FARE MEDIA USED" SHALL REFER TO THE TYPE OF TICKET USED
 TO PURCHASE THE AUTHORITY'S RAILROAD, BUS AND SUBWAY  SERVICES,  INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) SINGLE-RIDE TICKETS;
   (II) UNLIMITED-USAGE WEEKLY TICKETS;
   (III) UNLIMITED-USAGE MONTHLY TICKETS;
   (IV)  TICKETS  PURCHASED  VIA THE AUTHORITY'S SHARED INTERNET WEBSITE,
 MAIL AND RIDE PROGRAMS OR MOBILE PHONE APPLICATIONS;
   (V) STUDENT TICKETS;
   (VI) TICKETS FOR SENIOR CITIZENS OR PEOPLE WITH DISABILITIES; AND
   (VII) ALL OTHER KINDS OF FARE MEDIA  USED  BY  THE  AUTHORITY  ON  ITS
 SERVICES;
   (B)  "FARE DATA" SHALL REFER TO RIDERSHIP DATA RECORDED BY METROCARDS,
 OMNY, RAILROAD TICKETS, OR ANY OTHER FARE MEDIA USED BY THE AUTHORITY ON
 ITS SUBWAY, BUS AND RAILROAD SERVICES;
   (C) "ORIGIN AND DESTINATION DATA" SHALL REFER TO THE AMOUNT  OF  ROUND
 TRIPS  TAKEN BETWEEN ANY TWO RAILROAD, BUS AND/OR SUBWAY STATIONS WITHIN
 A GIVEN TIMEFRAME, AS MEASURED BY FARE DATA; AND
   (D) "JOINT TICKET" SHALL REFER TO  A  SINGLE  TICKET  OR  FARE  MEDIUM
 ALLOWING  A  PASSENGER  TO RIDE ON BOTH A RAILROAD AND SUBWAY AND/OR BUS
 SERVICE OPERATED BY THE AUTHORITY IN A SINGLE TRIP.
   2. NO LATER THAN EIGHTEEN MONTHS AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE  AUTHORITY SHALL TAKE ALL PRACTICABLE MEASURES TO COLLECT,
 COMPILE AND PUBLISH FOUR RIDERSHIP REPORTS FOR ITS SERVICES. ONE  RIDER-
 SHIP  REPORT  SHALL BE FOR THE STATIONS OF THE NEW YORK CITY SUBWAY, ONE
 SHALL BE FOR THE BUS LINES OPERATED BY THE AUTHORITY, ONE SHALL  BE  FOR
 THE  STATIONS  OF  THE  LONG  ISLAND  RAIL ROAD AND ONE SHALL BE FOR THE
 STATIONS OF THE METRO-NORTH COMMUTER RAILROAD.  SUCH  RIDERSHIP  REPORTS
 SHALL  BE  UPDATED  ON  A  WEEKLY BASIS, EXCEPT FOR THE REPORT ON BUSES,
 WHICH SHALL BE UPDATED ON A MONTHLY BASIS.
   3. THE RIDERSHIP REPORT FOR THE NEW YORK CITY  SUBWAY  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:

 A. 1442                             5
 
   (A)  RIDERSHIP  PER  SUBWAY  STATION,  WHICH MUST BE SORTABLE BY RANK,
 YEAR, MONTH, WEEK, DATE, HOUR, TYPE OF FARE MEDIA USED,  AND  DIRECTION,
 FOR STATIONS WITH SEPARATE ENTRANCES FOR EACH DIRECTION;
   (B)  A LISTING OF THE AMOUNT OF PEOPLE BOARDING AT EACH SUBWAY STATION
 AFTER TRANSFERRING FROM A BUS LINE, WHICH MUST BE SORTABLE BY BUS ROUTE,
 BOROUGH, RANK, YEAR, MONTH, WEEK, DATE AND HOUR, DIRECTION, AND TYPE  OF
 FARE MEDIA USED;
   (C)  A LISTING OF THE AMOUNT OF PEOPLE BOARDING AT EACH SUBWAY STATION
 AFTER TRANSFERRING FROM A DIFFERENT SUBWAY STATION, WHICH MUST BE SORTA-
 BLE BY BOROUGH, RANK, YEAR, MONTH, WEEK, DATE AND HOUR,  DIRECTION,  AND
 TYPE OF FARE MEDIA USED;
   (D)  A LISTING OF THE AMOUNT OF PEOPLE BOARDING AT EACH SUBWAY STATION
 AFTER TRANSFERRING FROM A LONG ISLAND RAIL ROAD OR METRO-NORTH  COMMUTER
 RAILROAD  TRAIN,  SORTABLE  BY  RANK, YEAR, MONTH, WEEK, DATE, HOUR, AND
 TYPE OF FARE MEDIA USED;
   (E) ORIGIN AND DESTINATION DATA BETWEEN ALL PAIRS OF SUBWAY  STATIONS,
 SORTED BY RANK, YEAR, MONTH, WEEK, DATE AND HOUR;
   (F)  ORIGIN  AND DESTINATION DATA BETWEEN EACH SUBWAY STATION AND LONG
 ISLAND RAIL ROAD AND METRO-NORTH STATIONS  WHERE  RIDERS  UTILIZE  JOINT
 TICKETS,  SORTABLE BY RAILROAD BRANCH, BOROUGH, RANK, YEAR, MONTH, WEEK,
 DATE, HOUR, DIRECTION, AND TYPE OF FARE MEDIA USED; AND
   (G) ORIGIN AND DESTINATION DATA BETWEEN EACH SUBWAY STATION  AND  EACH
 BUS  STOP  ON  SELECT  BUS  SERVICES  AND OTHER BUS ROUTES FOR WHICH THE
 AUTHORITY COLLECTS RIDERSHIP DATA ON A PER-STOP  BASIS,  WHICH  MUST  BE
 SORTABLE  BY BOROUGH, BUS ROUTE, RANK, YEAR, MONTH, WEEK, DATE AND HOUR,
 DIRECTION, AND TYPE OF FARE MEDIA USED.
   4. THE RIDERSHIP REPORT FOR THE BUS ROUTES OPERATED BY  THE  AUTHORITY
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) A LISTING OF RIDERSHIP FOR EACH BUS ROUTE, SORTABLE BY RANK, YEAR,
 MONTH, WEEK, DATE AND HOUR;
   (B) A LISTING OF THE FIVE STOPS WITH THE GREATEST NUMBER OF PASSENGERS
 BOARDING  AND ALIGHTING IN EACH DIRECTION FOR EACH ROUTE, FOR BUS ROUTES
 FOR WHICH THE AUTHORITY ESTIMATES RIDERSHIP VIA OBSERVATION, WHICH SHALL
 BE UPDATED ON AN ANNUAL BASIS;
   (C) A LISTING OF RIDERSHIP AT EACH BUS STOP FOR ALL SELECT BUS SERVICE
 ROUTES AND ANY OTHER BUS ROUTES FOR WHICH THE  AUTHORITY  COLLECTS  FARE
 DATA ON A PER-STOP BASIS, SORTED BY ROUTE, RANK, DIRECTION, YEAR, MONTH,
 WEEK, DATE, HOUR AND TYPE OF FARE MEDIA USED;
   (D)  A LISTING OF THE AMOUNT OF TRANSFERS BETWEEN BUS ROUTES, SORTABLE
 BY BOROUGH, DIRECTION, RANK, YEAR, MONTH, WEEK AND HOUR;
   (E) A LISTING OF THE AMOUNT OF TRANSFERS BETWEEN EACH  BUS  ROUTE  AND
 EACH  SUBWAY  STATION,  SORTABLE  BY  BOROUGH,  SUBWAY TRUNK LINE, RANK,
 SUBWAY ROUTE, BUS ROUTE, YEAR, MONTH, WEEK, DATE, HOUR,  DIRECTION,  AND
 TYPE OF FARE MEDIA USED;
   (F)  A  LISTING  OF THE AMOUNT OF TRANSFERS BETWEEN EACH BUS ROUTE AND
 EACH LONG ISLAND RAIL ROAD OR METRO-NORTH COMMUTER RAILROAD STATION, FOR
 RIDERS USING JOINT TICKETS,  SORTABLE  BY  DIRECTION,  RAILROAD  BRANCH,
 RANK, YEAR, MONTH, WEEK, DATE, HOUR, AND TYPE OF FARE MEDIA USED;
   (G)  ORIGIN  AND  DESTINATION DATA BETWEEN EVERY PAIR STOPS FOR SELECT
 BUS SERVICE ROUTES AND ANY OTHER BUS  ROUTES  FOR  WHICH  THE  AUTHORITY
 COLLECTS  FARE  DATA  ON A PER-STOP BASIS, SORTED BY BUS ROUTE, BOROUGH,
 RANK, YEAR, MONTH, WEEK, DATE, HOUR, AND TYPE OF FARE MEDIA USED;
   (H) ORIGIN AND DESTINATION DATA BETWEEN EACH SUBWAY STATION  AND  EACH
 BUS  STOP  ON  SELECT  BUS  SERVICES  AND OTHER BUS ROUTES FOR WHICH THE
 AUTHORITY COLLECTS RIDERSHIP DATA ON A PER-STOP  BASIS,  WHICH  MUST  BE

 A. 1442                             6

 SORTABLE  BY BOROUGH, BUS ROUTE, RANK, YEAR, MONTH, WEEK, DATE AND HOUR,
 DIRECTION, AND TYPE OF FARE MEDIA USED; AND
   (I) ORIGIN AND DESTINATION DATA BETWEEN EACH RAILROAD STATION AND EACH
 BUS  STOP  ON  SELECT  BUS  SERVICES  AND OTHER BUS ROUTES FOR WHICH THE
 AUTHORITY COLLECTS RIDERSHIP DATA ON A PER-STOP  BASIS,  WHICH  MUST  BE
 SORTABLE  BY  BOROUGH,  BUS  ROUTE,  RAILROAD BRANCH, RANK, YEAR, MONTH,
 WEEK, DATE AND HOUR, DIRECTION, AND TYPE OF FARE MEDIA USED.
   5. THE RIDERSHIP REPORT FOR THE LONG ISLAND RAIL ROAD  SHALL  INCLUDE,
 BUT NOT BE LIMITED TO:
   (A)  A  LISTING  OF RIDERSHIP AT EACH STATION, SORTABLE BY RANK, YEAR,
 MONTH, WEEK, DATE, HOUR, AND TYPE OF FARE MEDIA USED;
   (B) A LISTING OF THE ORIGIN AND DESTINATION DATA BETWEEN STOPS, SORTA-
 BLE BY RAILROAD BRANCH, RANK, YEAR, MONTH, WEEK, DATE AND HOUR, AND TYPE
 OF FARE MEDIA USED;
   (C) ORIGIN AND DESTINATION DATA BETWEEN EACH SUBWAY STATION  AND  LONG
 ISLAND  RAIL  ROAD STATIONS WHERE RIDERS UTILIZE JOINT TICKETS, SORTABLE
 BY RAILROAD BRANCH, BOROUGH, RANK, YEAR, MONTH, WEEK, DATE, HOUR, DIREC-
 TION, AND TYPE OF FARE MEDIA USED;
   (D) A LISTING OF THE AMOUNT OF PEOPLE BOARDING AT EACH SUBWAY  STATION
 AFTER TRANSFERRING FROM A LONG ISLAND RAIL ROAD TRAIN, SORTABLE BY RANK,
 YEAR, MONTH, WEEK, DATE, HOUR, AND TYPE OF FARE MEDIA USED;
   (E)  ORIGIN  AND  DESTINATION  DATA BETWEEN EACH STATION ON SELECT BUS
 SERVICE ROUTES AND ANY OTHER ROUTES WHERE THE AUTHORITY COLLECTS DATA ON
 A PER-STOP BASIS AND LONG ISLAND RAIL ROAD STATIONS WHERE RIDERS UTILIZE
 JOINT TICKETS, SORTABLE BY RAILROAD BRANCH, BOROUGH, RANK, YEAR,  MONTH,
 WEEK, DATE, HOUR, DIRECTION, AND TYPE OF FARE MEDIA USED; AND
   (F)  A  LISTING  OF THE AMOUNT OF TRANSFERS BETWEEN EACH BUS ROUTE AND
 EACH LONG ISLAND RAIL ROAD STATION,  FOR  RIDERS  USING  JOINT  TICKETS,
 SORTABLE  BY  DIRECTION, RAILROAD BRANCH, RANK, YEAR, MONTH, WEEK, DATE,
 HOUR, AND TYPE OF FARE MEDIA USED.
   6. THE RIDERSHIP REPORT FOR THE METRO-NORTH  COMMUTER  RAILROAD  SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A)  A  LISTING  OF RIDERSHIP AT EACH STATION, SORTABLE BY RANK, YEAR,
 MONTH, WEEK, DATE, HOUR, AND TYPE OF FARE MEDIA USED;
   (B) A LISTING OF THE ORIGIN AND DESTINATION DATA BETWEEN STOPS, SORTA-
 BLE BY RAILROAD BRANCH, RANK, YEAR, MONTH, WEEK, DATE AND HOUR, AND TYPE
 OF FARE MEDIA USED;
   (C) ORIGIN AND  DESTINATION  DATA  BETWEEN  EACH  SUBWAY  STATION  AND
 METRO-NORTH  COMMUTER RAILROAD STATIONS WHERE RIDERS UTILIZE JOINT TICK-
 ETS, SORTABLE BY RAILROAD BRANCH,  BOROUGH,  RANK,  YEAR,  MONTH,  WEEK,
 DATE, HOUR, DIRECTION, AND TYPE OF FARE MEDIA USED;
   (D)  A LISTING OF THE AMOUNT OF PEOPLE BOARDING AT EACH SUBWAY STATION
 AFTER TRANSFERRING FROM A LONG ISLAND RAIL ROAD TRAIN, SORTABLE BY RANK,
 YEAR, MONTH, WEEK, DATE, HOUR, AND TYPE OF FARE MEDIA USED;
   (E) ORIGIN AND DESTINATION DATA BETWEEN EACH  STATION  ON  SELECT  BUS
 SERVICE ROUTES AND ANY OTHER ROUTES WHERE THE AUTHORITY COLLECTS DATA ON
 A PER-STOP BASIS AND METRO-NORTH COMMUTER RAILROAD STATIONS WHERE RIDERS
 UTILIZE JOINT TICKETS, SORTABLE BY RAILROAD BRANCH, BOROUGH, RANK, YEAR,
 MONTH, WEEK, DATE, HOUR, DIRECTION, AND TYPE OF FARE MEDIA USED; AND
   (F)  A  LISTING  OF THE AMOUNT OF TRANSFERS BETWEEN EACH BUS ROUTE AND
 EACH METRO-NORTH COMMUTER RAILROAD STATION, FOR RIDERS USING JOINT TICK-
 ETS, SORTABLE BY DIRECTION, RAILROAD BRANCH, RANK,  YEAR,  MONTH,  WEEK,
 DATE, HOUR, AND TYPE OF FARE MEDIA USED.
   7.  THE AUTHORITY SHALL SET UP ITS RIDERSHIP REPORTS SO THAT USERS CAN
 EASILY ACCESS DATA ON  INDIVIDUAL  STATIONS  AND  ROUTES  ON  INDIVIDUAL
 SCREENS  ON  ITS SHARED INTERNET WEBSITE. HOWEVER, THE REPORTS SHOULD BE

 A. 1442                             7
 
 SET UP SO THAT USERS CAN EASILY COMPARE MULTIPLE STATIONS AND/OR  ROUTES
 SIDE-BY-SIDE.
   §  6. Subdivisions 1 and 2 of section 1276-f of the public authorities
 law, as amended by section 1 of part A of chapter  39  of  the  laws  of
 2019, are amended to read as follows:
   1.  Definitions. For the purposes of this section, the following terms
 shall have the following meanings:
   (a) "additional platform time" means for the subways the average added
 time that customers spend waiting on the platform for a train,  compared
 with their scheduled wait time.
   (b)  "additional  [train] TRAVEL time" means for the subways AND BUSES
 the average additional time customers spend onboard the train[,]  OR BUS
 compared with their scheduled [on-train] ONBOARD time.
   (c) "customer journey time performance"  means  for  the  subways  AND
 BUSES  the  percentage  of customer trips with an estimated total travel
 time within five minutes of the scheduled total travel time.
   (d)  "elevator  availability"  means  percentage  of  facilities  that
 require the use of stairs and have an operational elevator.
   (e)  "escalator  availability"  means  percentage  of  facilities that
 require the use of stairs and have an operational escalator.
   (f) "additional journey time" means for the subways AND BUSES  compar-
 ison of measured or estimated actual journey time compared to schedule.
   (g) "journey time" means for the subways time on platform and the time
 on  train,  AND  FOR BUSES TIME AT THE BUS STOP AND THE TIME ON THE BUS.
 Journey time is calculated as either actual journey times that customers
 experience, or as scheduled journey times. Journey time and  its  compo-
 nents may be based on a manual or an automatically generated sample.
   (h)  "major  incidents"  mean  (1) for the subway incidents that delay
 fifty or more trains where a train is considered delayed if it  is  more
 than  five minutes late or skips planned stops, and (2) for the commuter
 railroads incidents that delay ten or  more  trains  greater  than  five
 minutes and fifty-nine seconds.
   (i) "lost time accidents" means a job related incident that results in
 the inability of an employee to perform full job duties for at least one
 working day beyond the day of the incident. Rates are based on lost time
 accidents per one hundred employees.
   (j)  "employees'  lost time days" means for the commuter railroads the
 total number of calendar days employees' treating medical  professionals
 have  determined  that  they  cannot work due to an occupation injury or
 illness.
   (k) "employee lost time rate" means for  the  commuter  railroads  the
 number  of  occupational  injuries or illnesses per two hundred thousand
 employee hours worked.
   (l) "terminal on-time performance" means (1) for the subways AND BUSES
 the percentage of trains AND BUSES arriving at their destination  termi-
 nals  as  scheduled with a train OR BUS counted as on-time if it arrives
 at its destination early, on time, or no more than  five  minutes  late,
 and  has  not  skipped any planned stops, and (2) for the commuter rail-
 roads the percentage of  trains  arriving  at  their  final  destination
 terminals  as scheduled with a train counted as on-time if it arrives at
 its destination early, on-time or no more than five minutes  and  fifty-
 nine  seconds late. Provided that the percentage of trains AND BUSES not
 arriving at their final destinations shall include unscheduled cancella-
 tions.
   (m) "additional data" means (1) for the subways AND BUSES the percent-
 age of trains AND BUSES arriving at their  scheduled  terminals  between

 A. 1442                             8
 
 four  and  five  minutes after their scheduled arrival time; (2) for the
 commuter railroads the percentage of trains arriving at their  scheduled
 terminals  between  four  and  five minutes and fifty-nine seconds after
 their  scheduled arrival time; and (3) for commuter rails the percentage
 of cancelled trains.
   (N) "BUS SPEED" MEANS THE AVERAGE SPEED OF A  BUS  CALCULATED  BY  THE
 AUTHORITY THROUGHOUT THE DURATION OF ITS ROUTE.
   (O)  "ADDITIONAL  BUS  STOP  TIME"  MEANS  THE AVERAGE ADDED TIME THAT
 CUSTOMERS SPEND WAITING AT THE BUS STOP FOR A BUS, COMPARED  WITH  THEIR
 SCHEDULED WAIT TIME.
   (P)  "SERVICE  DELIVERED"  MEANS THE ACTUAL PERCENTAGE OF SERVICE ON A
 BUS OR RAIL ROUTE THAT OPERATES DURING PEAK HOURS AS CALCULATED  BY  THE
 AUTHORITY, COMPARED TO THE AMOUNT OF SERVICE SCHEDULED.
   2. Reporting ON RAIL SERVICES.  The authority shall take all practica-
 ble  measures to collect, compile and publish meaningful and informative
 performance metrics for all customer trips provided by the New York city
 transit authority subways, Long Island rail road and Metro-North  commu-
 ter  railroad  on  a  monthly basis including all applicable performance
 metrics as defined in subdivision one of this section. If the  authority
 cannot practicably collect and compile any such performance metric for a
 customer  trip  type, it may, subject to the approval by the chairman of
 the metropolitan  transportation  authority,  substitute  an  equivalent
 performance  metric based on international public transport benchmarking
 and best practices  that  comparably  measures  system  performance  and
 service delivery.
   § 7. Subdivision 3 of section 1276-f of the public authorities law, as
 amended  by  section  1  of part A of chapter 39 of the laws of 2019, is
 renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
 follows:
   3.  REPORTING ON BUS SERVICES. NO LATER THAN EIGHTEEN MONTHS AFTER THE
 EFFECTIVE DATE OF THIS SECTION, THE METROPOLITAN TRANSPORTATION AUTHORI-
 TY SHALL TAKE ALL PRACTICABLE MEASURES TO COLLECT, COMPILE  AND  PUBLISH
 PERFORMANCE  METRICS  OF  ALL  BUS SERVICES IT PROVIDES ON AN INDIVIDUAL
 PER-ROUTE BASIS ON A MONTHLY BASIS. THESE METRICS SHALL INCLUDE BUT  NOT
 BE LIMITED TO:
   (A) SERVICE DELIVERED;
   (B) BUS SPEEDS;
   (C) ADDITIONAL BUS STATION AND BUS STOP TIME;
   (D) EXCESS JOURNEY TIME;
   (E) ADDITIONAL TRAVEL TIME;
   (F) CUSTOMER JOURNEY TIME PERFORMANCE;
   (G) JOURNEY TIME METRIC;
   (H) STAFF HOURS LOST TO ACCIDENTS; AND
   (I) TERMINAL ON-TIME PERFORMANCE.
   §  8.  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.

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1442--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. CARROLL -- read once and referred to the Commit-
   tee  on  Corporations,  Authorities  and  Commissions   --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05619-02-1

 A. 1442--A                          2
 
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (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

 A. 1442--A                          3
 
   (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.
   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-

 A. 1442--A                          4
 
 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
 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.