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This entry was published on 2014-09-22
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SECTION 1299-S
Five-year capital and operating plans
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-A
§ 1299-s. Five-year capital and operating plans. 1. (a) On or before
October first, nineteen hundred ninety, and annually thereafter on or
before April first, the authority shall adopt a capital program plan for
the five-year period commencing April first. The plan shall contain the
capital program, separately itemized, by the following functions: metro
transit operations, airport operations, and port operations.

(b) The plan shall set goals and objectives by function for capital
spending, establish standards for service and operations, describe each
capital project proposed to be initiated in each of the years covered by
the plan and explain how each proposed project supports the achievement
of the service and operational standards established in the plan. The
plan shall list separately by function those projects contributing to
the maintenance of the system infrastructure and those intended to
enhance the system. The plan shall also include an estimated cost for
each project and set forth an estimate of the amount of capital funding
required for each year of the plan and the expected sources of such
funding. It shall also include a project schedule for the initiation and
completion of each project. Each plan subsequent to the first such plan
shall describe the current status of each capital project included in
the previously adopted plan.

(c) In addition to the annual update, a quarterly capital plan status
report shall be provided to the committee on capital planning and shall
include, but not be limited to, a description of any material change in
the scope, cost, funding or time of initiation or completion of a
project as adopted in the plan. The first such report shall cover the
three month period commencing April first, nineteen hundred ninety-one
and shall be submitted no later than thirty days after the end of the
quarter. Thereafter, quarterly reports shall be submitted on the last
day of October, January, April and July.

2. (a) On or before October first, nineteen hundred ninety, and
annually thereafter on or before April first, the authority shall adopt
an operating plan for the five-year period commencing April first. The
plan shall include the annual estimated operating cost for the following
authority functions: metro transit operations, airport operations, and
port operations. The plans shall also include the proposed method of
financing for the level of service defined for each year of the plan and
shall fully allocate the general authority costs to the authority's
functions. The plan shall provide a narrative describing the overall
financial condition of the authority.

(b) In addition to the annual update, the authority shall prepare for
the committee on finance and audit quarterly reports on the financial
condition of each of its functions. The first such report shall cover
the three month period commencing April first, nineteen hundred
ninety-one and shall be submitted no later than thirty days after the
end of the quarter. Thereafter, quarterly reports shall be submitted on
the last day of October, January, April and July. The reports shall
include a budgetary comparison of the most recent quarter and
year-to-date actual revenues and expenditures with the same time period
in the previous year and with the projections for that time period based
on the board approved budget. The reporting for the metro transit
operations shall be separate for the bus and light rail divisions.

3. (a) On or before October first, nineteen hundred ninety, and
annually thereafter on or before April first, the authority shall set
operational performance goals and objectives for the metro transit
operations, consistent with paragraph (b) of subdivision one of this
section and shall establish performance indicators to measure standards
of service and operations. The performance indicators shall include:
revenue passengers, total passengers, revenue vehicle miles, revenue
vehicle hours, number of employees by department, vehicle mean distance
between failure, on-time performance for total service provided, the
cost per revenue passenger, the cost per revenue vehicle mile and the
revenue-to-cost ratio.

(b) The authority shall prepare for the committee on operations and
personnel quarterly reports on the operating performance of the metro
transit operations. The first such report shall cover the three month
period commencing April first, nineteen hundred ninety-one and shall be
submitted no later than thirty days after the end of the quarter.
Thereafter, quarterly reports shall be submitted on the last day of
October, January, April and July. The reporting for the metro transit
operations shall be separate for the bus and light rail divisions. The
report shall compare the performance indicators of the most recent
quarter and the year-to-date performance indicators with the same time
period in the previous year and with the annual goals established
pursuant to this subdivision.

4. Any and all annual reports, including interim reports, shall be
submitted to the director of the division of the budget, the
commissioner of transportation and the chief executive officer of Erie
county and Niagara county, the county legislatures of Erie county and
Niagara county, the temporary president of the senate, the speaker of
the assembly, the chairpersons of the senate finance committee and the
assembly ways and means committee, and the chairpersons of the senate
and assembly transportation committees.