Senate Bill S2768

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2768
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 requiring the
   metropolitan transportation authority  to  publish  certain  financial
   reports on the authority's website

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 1269-b of the public authorities
 law is amended by adding three new paragraphs (c), (d) and (e)  to  read
 as follows:
   (C)  THE  AUTHORITY  SHALL  PUBLISH  ALL  DATA  PERTAINING  TO CAPITAL
 PROGRAMS OF THE  AUTHORITY  AND  ANY  AMENDMENTS  TO  SUCH  PROGRAMS  AS
 REQUIRED BY THIS SECTION ON THE AUTHORITY'S WEBSITE IN A COMMON, MACHINE
 READABLE FORMAT, AS DEFINED BY EXECUTIVE ORDER NUMBER NINETY-FIVE OF TWO
 THOUSAND  THIRTEEN,  "USING  TECHNOLOGY TO PROMOTE TRANSPARENCY, IMPROVE
 GOVERNMENT PERFORMANCE AND ENHANCE CITIZEN ENGAGEMENT" OR ANY  SUCCESSOR
 ORDER. SUCH DATA SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  ALL  DATA  REQUIRED  BY  PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
 SECTION, INCLUDING ESTIMATES OF CAPITAL FUNDING REQUIRED EACH  YEAR  AND
 EXPECTED SOURCES OF SUCH FUNDING;
   (II)  ALL  DATA REQUIRED BY SUBDIVISION TWO OF THIS SECTION, INCLUDING
 PROPOSED EXPENDITURES OR COMMITMENTS OF FUNDING FOR  INDIVIDUAL  CAPITAL
 ELEMENTS REQUIRED; AND
   (III) ALL DATA REGARDING PROPOSED EXPENDITURES OR COMMITMENTS OF INDI-
 VIDUAL PROJECTS IN EACH CAPITAL ELEMENT.
   (D)  INDIVIDUAL  CAPITAL  PROJECT  DATA SHALL BE INCLUDED IN A CAPITAL
 PROGRAM DASHBOARD MAINTAINED BY THE AUTHORITY ON ITS WEBSITE. ANY SUMMA-
 RY VIEWS PROVIDED ON THE WEBSITE SHALL INCLUDE THE ORIGINAL BUDGETS  AND
 SCHEDULES,  IN  ADDITION  TO  CURRENT  OR AMENDED BUDGETS AND SCHEDULES.
 DATA PERTAINING TO INDIVIDUAL PROJECTS SHALL INCLUDE, BUT NOT BE LIMITED
 TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05459-01-1

 S. 2768                             2
 
   (I) THE CAPITAL PROJECT IDENTIFICATION NUMBER;
   (II) THE CAPITAL PLAN YEARS;
   (III) THE AGENCY OR AUTHORITY UNDERTAKING THE PROJECT;
   (IV) A PROJECT DESCRIPTION;
   (V) THE PROJECT LOCATION;
   (VI)  THE  CAPITAL  NEED  MET  BY  THE  PROJECT, SUCH AS STATE OF GOOD
 REPAIR, NORMAL REPLACEMENT,  SYSTEM  IMPROVEMENT,  SYSTEM  EXPANSION  OR
 OTHER CATEGORY;
   (VII)  BUDGET  INFORMATION  INCLUDING  THE ORIGINAL BUDGET, ALL AMEND-
 MENTS, THE CURRENT BUDGET AND PLANNED ANNUAL ALLOCATIONS; AND
   (VIII) A SCHEDULE FOR PROJECT DELIVERY INCLUDING ORIGINAL, AMENDED AND
 CURRENT START AND COMPLETION DATES.
   THE STATUS OF PROJECTS SHALL BE PROVIDED AND STATE THE  CURRENT  PHASE
 OF  THE  PROJECT,  SUCH AS PLANNING, DESIGN, CONSTRUCTION OR COMPLETION,
 AND SHALL STATE HOW CLOSE SUCH PROJECT IS TO COMPLETION AS  MEASURED  IN
 PERCENTAGE. THE DASHBOARD SHALL MEASURE PROGRESS BASED ON ORIGINAL BUDG-
 ETS AND SCHEDULES RATHER THAN AMENDED BUDGETS AND SCHEDULES. ALL CHANGES
 TO  PLANNED BUDGETS OR SCHEDULES SHALL BE PROVIDED IN NARRATIVE FORM AND
 DESCRIBE THE REASON FOR EACH CHANGE OR AMENDMENT.  THE  DASHBOARD  SHALL
 INCLUDE  A  GLOSSARY  OR  DATA  DICTIONARY WHICH CONTAINS PLAIN LANGUAGE
 DESCRIPTIONS OF THE DATA AND INFORMATION PROVIDED ON THE DASHBOARD.  THE
 DASHBOARD  SHALL BE UPDATED, AT A MINIMUM, ON A QUARTERLY BASIS, AND ALL
 DATA FIELDS AVAILABLE ON THE DASHBOARD SHALL BE MADE AVAILABLE FOR DOWN-
 LOAD ON THE AUTHORITY'S WEBSITE IN A  SINGLE  TABULAR  DATA  FILE  IN  A
 COMMON,  MACHINE  READABLE  FORMAT. CAPITAL DASHBOARD DATA SHALL ALSO BE
 MADE AVAILABLE ON  THE  DATA.NY.GOV  WEBSITE  OR  SUCH  OTHER  SUCCESSOR
 WEBSITE MAINTAINED BY, OR ON BEHALF OF, THE STATE, AS DEEMED APPROPRIATE
 BY  THE  NEW  YORK STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES UNDER
 EXECUTIVE ORDER NUMBER NINETY-FIVE OF  TWO  THOUSAND  THIRTEEN,  OR  ANY
 SUCCESSOR AGENCY OR ORDER.
   (E)  THE  DATA  REQUIRED  TO BE PUBLISHED PURSUANT TO THIS SUBDIVISION
 SHALL BE MADE IN A SINGLE TABULAR DATA FILE IN A COMMON,  MACHINE  READ-
 ABLE  FORMAT  AND SHALL BE ACCESSIBLE ON THE AUTHORITY'S WEBSITE AND 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 TECHNOLOGY SERVICES UNDER EXECUTIVE ORDER NUMBER  NINETY-
 FIVE OF TWO THOUSAND THIRTEEN, OR ANY SUCCESSOR AGENCY OR ORDER.
   § 2. Section 1276-b of the public authorities law is amended by adding
 two new subdivisions 6 and 7 to read as follows:
   6. THE AUTHORITY SHALL PUBLISH ALL DATA PERTAINING TO EACH AUTHORITY'S
 BUDGET  AND  FINANCIAL  PLANS  AS  REQUIRED BY THIS SECTION IN A COMMON,
 MACHINE READABLE FORMAT ON THE AUTHORITY'S WEBSITE AS DEFINED BY  EXECU-
 TIVE ORDER NUMBER NINETY-FIVE OF TWO THOUSAND THIRTEEN, "USING TECHNOLO-
 GY  TO  PROMOTE TRANSPARENCY, IMPROVE GOVERNMENT PERFORMANCE AND ENHANCE
 CITIZEN ENGAGEMENT" OR ANY SUCCESSOR ORDER. SUCH DATA SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (A) ESTIMATES OF PROJECTED OPERATING REVENUES AND EXPENSES,  INCLUDING
 MONTHLY  PROJECTIONS  FOR  THE  CURRENT  FISCAL YEAR OF ALL REVENUES AND
 EXPENSES;
   (B) ANY PLANNED TRANSACTION  THAT  WOULD  SHIFT  RESOURCES,  FROM  ANY
 SOURCE, FROM ONE FISCAL YEAR TO ANOTHER, AND THE AMOUNT OF ANY RESERVES;
   (C) QUARTERLY REVENUE AND EXPENSE TARGETS;
   (D) STAFFING FOR THE AUTHORITY AND EACH OF ITS AGENCIES;
   (E)  A COMPARISON OF ACTUAL REVENUES AND EXPENSES, ACTUAL STAFFING AND
 ACTUAL UTILIZATION TO PLANNED  OR  PROJECTED  LEVELS  FOR  EACH  OF  THE
 AUTHORITY'S AGENCIES THAT OPERATE TRANSPORTATION SYSTEMS;

 S. 2768                             3
 
   (F)  THE  STATUS OF EACH GAP-CLOSING INITIATIVE WITH A PROJECTED VALUE
 GREATER THAN ONE MILLION DOLLARS IN ANY GIVEN FISCAL YEAR; AND
   (G)  THE  STATUS OF CAPITAL PROJECTS BY CAPITAL ELEMENT, INCLUDING BUT
 NOT LIMITED TO COMMITMENTS, EXPENDITURES AND COMPLETIONS; AND AN  EXPLA-
 NATION OF MATERIAL VARIANCES FROM THE PLAN, COST OVERRUNS AND DELAYS.
   7. THE DATA REQUIRED TO BE PUBLISHED PURSUANT TO THIS SECTION SHALL BE
 MADE  IN A SINGLE TABULAR DATA FILE IN A COMMON, MACHINE READABLE FORMAT
 AND SHALL BE ACCESSIBLE ON  THE  AUTHORITY'S  WEBSITE  AND  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 TECHNOLOGY SERVICES UNDER EXECUTIVE ORDER NUMBER NINETY-FIVE
 OF TWO THOUSAND THIRTEEN, OR ANY SUCCESSOR AGENCY OR ORDER.
   § 3. This act shall take effect immediately.