Bill Text: NY S05297 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the metropolitan transportation authority open data act; establishes requirements for the reporting of data based on ridership, routes, and services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-23 - REFERRED TO TRANSPORTATION [S05297 Detail]

Download: New_York-2019-S05297-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5297
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 23, 2019
                                       ___________
        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:
     1    Section 1. This act shall be known and may be cited as the  "metropol-
     2  itan transportation authority open data act".
     3    §  2.  Legislative findings. The legislature finds that the release of
     4  data, in a format that is easily accessible, understandable  and  usable
     5  by  the  public, can increase civic engagement with government. In addi-
     6  tion, in an authority providing a public service and operating an enter-
     7  prise as vast as that  of  the  Metropolitan  Transportation  Authority,
     8  transparency  in data is in the public's best interest. It is the intent
     9  of the legislature that the authority and its  subsidiaries  release  as
    10  much  data as is feasible in open formats, so that the public can access
    11  that data, analyze it, and engage with the  authority  with  suggestions
    12  and solutions to improve its operations.
    13    §  3.  The  public  authorities law is amended by adding a new section
    14  1279-j to read as follows:
    15    § 1279-j. Open data  reporting.  1.  The  metropolitan  transportation
    16  authority  and  its  subsidiaries and affiliates, including the New York
    17  city transit authority and the Triborough bridge and  tunnel  authority,
    18  shall  fully  comply  with the provisions of Executive Order 95 of 2013,
    19  "Using Technology to Promote Transparency, Improve  Government  Perform-
    20  ance  and  Enhance  Citizen  Engagement," and shall provide the New York
    21  state office of information technology services and legislature all data
    22  as defined in this section.
    23    2. For the purposes of this section, the following  terms  shall  have
    24  the following meanings:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11226-02-9

        S. 5297                             2
     1    (a)  "open  data  website"  shall mean the website data.ny.gov or such
     2  other successor website maintained by, or on behalf of,  the  state,  as
     3  deemed appropriate by the New York state office of information technolo-
     4  gy services under Executive Order 95 of 2013, or any successor agency or
     5  order;
     6    (b)  "data" shall mean final versions of statistical or factual infor-
     7  mation that (i) are in alphanumeric form reflected  in  a  list,  table,
     8  graph,  chart  or other non-narrative form, that can be digitally trans-
     9  mitted or processed; (ii) are regularly created or maintained by  or  on
    10  behalf  of  the  metropolitan transportation authority, its subsidiaries
    11  and affiliates and are controlled by such entities; and (iii)  record  a
    12  measurement,  transaction or determination related to the mission of the
    13  metropolitan transportation authority, its subsidiaries and  affiliates.
    14  The  term  "data"  shall not include image files, such as designs, draw-
    15  ings, photos or scanned copies of original documents; provided, however,
    16  that the term "data" shall include statistical  or  factual  information
    17  about image files and geographic information system data;
    18    (c)  "data set" shall mean a named collection of related records main-
    19  tained on a storage device, with the collection containing  data  organ-
    20  ized  or  formatted  in  a  specific or prescribed way, often in tabular
    21  form; and
    22    (d) "publishable MTA data" shall mean data that is  collected  by  the
    23  metropolitan  transportation  authority, its subsidiaries and affiliates
    24  where the authority, subsidiary or affiliate is permitted,  required  or
    25  able  to  make the data available to the public, consistent with any and
    26  all applicable laws, rules, regulations, ordinances, resolutions,  poli-
    27  cies  or  other restrictions, requirements or rights associated with the
    28  publishable MTA data, including but not limited to contractual or  other
    29  legal  orders, restrictions or requirements. Data shall not be publisha-
    30  ble MTA data if making such data available  on  the  open  data  website
    31  would  violate  statute  or  regulation,  including, but not limited to,
    32  disclosures that would constitute an unwarranted  invasion  of  personal
    33  privacy, endanger the public health, safety or welfare, hinder the oper-
    34  ation  of  government,  including  criminal and civil investigations, or
    35  impose an undue financial, operational or administrative burden  on  the
    36  authority or its subsidiaries or affiliates.
    37    3.  As required by Executive Order 95 of 2013, the metropolitan trans-
    38  portation authority shall designate a data coordinator, who shall:
    39    (a) have authority equivalent to that of a deputy commissioner or  the
    40  head of a division or department;
    41    (b) have knowledge of data and resources in use by the entity; and
    42    (c)  be  responsible  for the compliance of the authority, its subsid-
    43  iaries and affiliates with the order.
    44    4. The authority and its subsidiaries and affiliates shall make  their
    45  publishable  MTA data available on its website and the open data website
    46  as follows:
    47    (a) The authority shall create a catalogue  of  publishable  MTA  data
    48  within one hundred eighty days of the effective date of this section;
    49    (b) The metropolitan transportation authority shall within one hundred
    50  eighty  days of the effective date of this section, submit to the legis-
    51  lature and publish on its shared internet website a schedule for  making
    52  its publishable MTA data publicly available. Such schedule shall provide
    53  for updating the data catalogue as appropriate; and
    54    (c)  The  metropolitan transportation authority shall create schedules
    55  for publishing all publishable MTA data within three years of the effec-
    56  tive date of this section.

        S. 5297                             3
     1    5. The metropolitan transportation  authority,  its  subsidiaries  and
     2  affiliates shall not be prevented from publishing data in advance of the
     3  dates set in their schedules.
     4    §  4.  Paragraph  (b)  of  subdivision 4 of section 1263 of the public
     5  authorities law, as amended by chapter 425  of  the  laws  of  2018,  is
     6  amended to read as follows:
     7    (b)  The  chairman  shall  establish  committees  to assist him in the
     8  performance of his duties and shall appoint members of the authority  to
     9  such  committees.  Among  such committees, there shall be a committee on
    10  operations of the New York city transit  authority,  the  Manhattan  and
    11  Bronx  surface  transit  operating authority and the Staten Island rapid
    12  transit operating authority; a  committee  on  operations  of  the  Long
    13  Island  Rail Road and the metropolitan suburban bus authority; a commit-
    14  tee on operations of the Metro-North commuter railroad; a  committee  on
    15  operations of the Triborough bridge and tunnel authority; a committee on
    16  finance;  a committee on capital program oversight; a committee on tech-
    17  nology and open data; and a committee on safety.  In  addition  to  such
    18  appointed members, each of the non-voting members referred to in subpar-
    19  agraph  two  of  paragraph  (a) of subdivision one of this section shall
    20  serve on the committee on capital program oversight,  the  committee  on
    21  finance,  the  committee  on  safety, the committee on operations of the
    22  Triborough bridge and tunnel authority,  and  the  operations  committee
    23  relevant  to  the  commuter  council  that  recommended such member. The
    24  alternate non-voting members shall each serve on  the  respective  oper-
    25  ations  committee relevant to the commuter council that recommended each
    26  member. The committee on capital program oversight and the committee  on
    27  safety  shall include not less than three members, and shall include the
    28  chairpersons of the committee on operations of the New York city transit
    29  authority, the Manhattan and Bronx surface transit  operating  authority
    30  and  the  Staten Island rapid transit operating authority, the committee
    31  on operations of the Long Island Rail Road and the metropolitan suburban
    32  bus authority, and the committee on operations of the Metro-North commu-
    33  ter railroad. The committee on safety shall convene at least once  annu-
    34  ally  and  each committee chairperson, that is a member of the committee
    35  on safety, shall report to the committee on safety any  and  all  initi-
    36  atives, concerns, improvements, or failures involving the safety of: (1)
    37  customers;  (2)  employees;  and (3) the public at large, in relation to
    38  authority facilities and services. The capital program committee  shall,
    39  with  respect  to  any  approved  or proposed capital program plans, (i)
    40  monitor the current and future availability of funds to be utilized  for
    41  such  plans  approved  or  proposed  to be submitted to the metropolitan
    42  transportation capital program  review  board  as  provided  in  section
    43  twelve  hundred  sixty-nine-b  of  this title; (ii) monitor the contract
    44  awards of the metropolitan transportation authority  and  the  New  York
    45  city  transit  authority  to insure that such awards are consistent with
    46  (A) provisions of law authorizing United States  content  and  New  York
    47  state  content;  (B) collective bargaining agreements; (C) provisions of
    48  law providing for participation by minority and women-owned  businesses;
    49  (D)  New  York  state  labor  laws; (E) competitive bidding requirements
    50  including those regarding sole source contracts; and (F) any other rele-
    51  vant requirements  established  by  law;  (iii)  monitor  the  award  of
    52  contracts  to determine if such awards are consistent with the manner in
    53  which the work was traditionally performed in the past provided,  howev-
    54  er,  that  any such determination shall not be admissible as evidence in
    55  any arbitration or judicial proceeding;  (iv)  review  the  relationship
    56  between  capital expenditures pursuant to each such capital program plan

        S. 5297                             4
     1  and current and future operating budget requirements;  (v)  monitor  the
     2  progress  of  capital  elements  described  in each capital program plan
     3  approved as provided in section  twelve  hundred  sixty-nine-b  of  this
     4  title;  (vi)  monitor  the  expenditures incurred and to be incurred for
     5  each such element; and (vii) identify capital elements  not  progressing
     6  on  schedule,  ascertain  responsibility  therefor  and  recommend those
     7  actions required or appropriate to accelerate their implementation.  The
     8  capital  program  committee shall issue a quarterly report on its activ-
     9  ities and findings, and shall in connection with the preparation of such
    10  quarterly report, consult with the state division  of  the  budget,  the
    11  state  department  of  transportation,  the  members of the metropolitan
    12  transportation authority capital program  review  board  and  any  other
    13  group  the committee deems relevant, including public employee organiza-
    14  tions, and, at least annually, with a nationally recognized  independent
    15  transit  engineering  firm.  Such  report shall be made available to the
    16  members of the authority, to the members of the metropolitan transporta-
    17  tion authority capital program review board, and the  directors  of  the
    18  municipal assistance corporation for the city of New York.
    19    §  5.  The  public  authorities law is amended by adding a new section
    20  1269-h to read as follows:
    21    § 1269-h. Ridership reports. 1. Definitions. For the purposes of  this
    22  section, the following terms shall have the following meanings:
    23    (a)  "type  of fare media used" shall refer to the type of ticket used
    24  to purchase the authority's railroad, bus and subway  services,  includ-
    25  ing, but not limited to:
    26    (i) single-ride tickets;
    27    (ii) unlimited-usage weekly tickets;
    28    (iii) unlimited-usage monthly tickets;
    29    (iv)  tickets  purchased  via the authority's shared internet website,
    30  mail and ride programs or mobile phone applications;
    31    (v) student tickets;
    32    (vi) tickets for senior citizens or people with disabilities; and
    33    (vii) all other kinds of fare media  used  by  the  authority  on  its
    34  services;
    35    (b)  "fare data" shall refer to ridership data recorded by MetroCards,
    36  OMNY, railroad tickets, or any other fare media used by the authority on
    37  its subway, bus and railroad services;
    38    (c) "origin and destination data" shall refer to the amount  of  round
    39  trips  taken between any two railroad, bus and/or subway stations within
    40  a given timeframe, as measured by fare data; and
    41    (d) "joint ticket" shall refer to  a  single  ticket  or  fare  medium
    42  allowing  a  passenger  to ride on both a railroad and subway and/or bus
    43  service operated by the authority in a single trip.
    44    2. No later than eighteen months after  the  effective  date  of  this
    45  section,  the  authority shall take all practicable measures to collect,
    46  compile and publish four ridership reports for its services. One  rider-
    47  ship  report  shall be for the stations of the New York city subway, one
    48  shall be for the bus lines operated by the authority, one shall  be  for
    49  the  stations  of  the  Long  Island  rail road and one shall be for the
    50  stations of the Metro-North commuter railroad.  Such  ridership  reports
    51  shall  be  updated  on  a  weekly basis, except for the report on buses,
    52  which shall be updated on a monthly basis.
    53    3. The ridership report for the New York city  subway  shall  include,
    54  but not be limited to:

        S. 5297                             5
     1    (a)  ridership  per  subway  station,  which must be sortable by rank,
     2  year, month, week, date, hour, type of fare media used,  and  direction,
     3  for stations with separate entrances for each direction;
     4    (b)  a listing of the amount of people boarding at each subway station
     5  after transferring from a bus line, which must be sortable by bus route,
     6  borough, rank, year, month, week, date and hour, direction, and type  of
     7  fare media used;
     8    (c)  a listing of the amount of people boarding at each subway station
     9  after transferring from a different subway station, which must be sorta-
    10  ble by borough, rank, year, month, week, date and hour,  direction,  and
    11  type of fare media used;
    12    (d)  a listing of the amount of people boarding at each subway station
    13  after transferring from a Long Island rail road or Metro-North  commuter
    14  railroad  train,  sortable  by  rank, year, month, week, date, hour, and
    15  type of fare media used;
    16    (e) origin and destination data between all pairs of subway  stations,
    17  sorted by rank, year, month, week, date and hour;
    18    (f)  origin  and destination data between each subway station and Long
    19  Island rail road and Metro-North stations  where  riders  utilize  joint
    20  tickets,  sortable by railroad branch, borough, rank, year, month, week,
    21  date, hour, direction, and type of fare media used; and
    22    (g) origin and destination data between each subway station  and  each
    23  bus  stop  on  select  bus  services  and other bus routes for which the
    24  authority collects ridership data on a per-stop  basis,  which  must  be
    25  sortable  by borough, bus route, rank, year, month, week, date and hour,
    26  direction, and type of fare media used.
    27    4. The ridership report for the bus routes operated by  the  authority
    28  shall include, but not be limited to:
    29    (a) a listing of ridership for each bus route, sortable by rank, year,
    30  month, week, date and hour;
    31    (b) a listing of the five stops with the greatest number of passengers
    32  boarding  and alighting in each direction for each route, for bus routes
    33  for which the authority estimates ridership via observation, which shall
    34  be updated on an annual basis;
    35    (c) a listing of ridership at each bus stop for all select bus service
    36  routes and any other bus routes for which the  authority  collects  fare
    37  data on a per-stop basis, sorted by route, rank, direction, year, month,
    38  week, date, hour and type of fare media used;
    39    (d)  a listing of the amount of transfers between bus routes, sortable
    40  by borough, direction, rank, year, month, week and hour;
    41    (e) a listing of the amount of transfers between each  bus  route  and
    42  each  subway  station,  sortable  by  borough,  subway trunk line, rank,
    43  subway route, bus route, year, month, week, date, hour,  direction,  and
    44  type of fare media used;
    45    (f)  a  listing  of the amount of transfers between each bus route and
    46  each Long Island rail road or Metro-North commuter railroad station, for
    47  riders using joint tickets,  sortable  by  direction,  railroad  branch,
    48  rank, year, month, week, date, hour, and type of fare media used;
    49    (g)  origin  and  destination data between every pair stops for select
    50  bus service routes and any other bus  routes  for  which  the  authority
    51  collects  fare  data  on a per-stop basis, sorted by bus route, borough,
    52  rank, year, month, week, date, hour, and type of fare media used;
    53    (h) origin and destination data between each subway station  and  each
    54  bus  stop  on  select  bus  services  and other bus routes for which the
    55  authority collects ridership data on a per-stop  basis,  which  must  be

        S. 5297                             6
     1  sortable  by borough, bus route, rank, year, month, week, date and hour,
     2  direction, and type of fare media used; and
     3    (i) origin and destination data between each railroad station and each
     4  bus  stop  on  select  bus  services  and other bus routes for which the
     5  authority collects ridership data on a per-stop  basis,  which  must  be
     6  sortable  by  borough,  bus  route,  railroad branch, rank, year, month,
     7  week, date and hour, direction, and type of fare media used.
     8    5. The ridership report for the Long Island rail road  shall  include,
     9  but not be limited to:
    10    (a)  a  listing  of ridership at each station, sortable by rank, year,
    11  month, week, date, hour, and type of fare media used;
    12    (b) a listing of the origin and destination data between stops, sorta-
    13  ble by railroad branch, rank, year, month, week, date and hour, and type
    14  of fare media used;
    15    (c) origin and destination data between each subway station  and  Long
    16  Island  rail  road stations where riders utilize joint tickets, sortable
    17  by railroad branch, borough, rank, year, month, week, date, hour, direc-
    18  tion, and type of fare media used;
    19    (d) a listing of the amount of people boarding at each subway  station
    20  after transferring from a Long Island rail road train, sortable by rank,
    21  year, month, week, date, hour, and type of fare media used;
    22    (e)  origin  and  destination  data between each station on select bus
    23  service routes and any other routes where the authority collects data on
    24  a per-stop basis and Long Island rail road stations where riders utilize
    25  joint tickets, sortable by railroad branch, borough, rank, year,  month,
    26  week, date, hour, direction, and type of fare media used; and
    27    (f)  a  listing  of the amount of transfers between each bus route and
    28  each Long Island rail road station,  for  riders  using  joint  tickets,
    29  sortable  by  direction, railroad branch, rank, year, month, week, date,
    30  hour, and type of fare media used.
    31    6. The ridership report for the Metro-North  commuter  railroad  shall
    32  include, but not be limited to:
    33    (a)  a  listing  of ridership at each station, sortable by rank, year,
    34  month, week, date, hour, and type of fare media used;
    35    (b) a listing of the origin and destination data between stops, sorta-
    36  ble by railroad branch, rank, year, month, week, date and hour, and type
    37  of fare media used;
    38    (c) origin and  destination  data  between  each  subway  station  and
    39  Metro-North  commuter railroad stations where riders utilize joint tick-
    40  ets, sortable by railroad branch,  borough,  rank,  year,  month,  week,
    41  date, hour, direction, and type of fare media used;
    42    (d)  a listing of the amount of people boarding at each subway station
    43  after transferring from a Long Island rail road train, sortable by rank,
    44  year, month, week, date, hour, and type of fare media used;
    45    (e) origin and destination data between each  station  on  select  bus
    46  service routes and any other routes where the authority collects data on
    47  a per-stop basis and Metro-North commuter railroad stations where riders
    48  utilize joint tickets, sortable by railroad branch, borough, rank, year,
    49  month, week, date, hour, direction, and type of fare media used; and
    50    (f)  a  listing  of the amount of transfers between each bus route and
    51  each Metro-North commuter railroad station, for riders using joint tick-
    52  ets, sortable by direction, railroad branch, rank,  year,  month,  week,
    53  date, hour, and type of fare media used.
    54    7.  The authority shall set up its ridership reports so that users can
    55  easily access data on  individual  stations  and  routes  on  individual
    56  screens  on  its shared internet website. However, the reports should be

        S. 5297                             7
     1  set up so that users can easily compare multiple stations and/or  routes
     2  side-by-side.
     3    §  6. Subdivisions 1 and 2 of section 1276-f of the public authorities
     4  law, as added by section 2 of subpart D of part ZZZ of chapter 59 of the
     5  laws of 2019, are amended to read as follows:
     6    1. Definitions. For the purposes of this section, the following  terms
     7  shall have the following meanings:
     8    (a)  "additional  platform  time"  means  the  average added time that
     9  customers spend waiting on the platform for a train, compared with their
    10  scheduled wait time.
    11    (b) "additional [train] travel time" means the average additional time
    12  customers spend onboard the train or bus due to various service issues.
    13    (c) "customer  journey  time  performance"  means  the  percentage  of
    14  customer trips with an estimated total travel time within two minutes of
    15  the scheduled total travel time.
    16    (d)  "elevator  availability"  means  percentage  of  facilities  that
    17  require the use of stairs and have an operational elevator.
    18    (e) "escalator  availability"  means  percentage  of  facilities  that
    19  require the use of stairs and have an operational escalator.
    20    (f)  "excess  journey  time" means comparison of measured journey time
    21  compared to scheduled and standard journey times.
    22    (g) "journey time metric" means the times of each component of a  trip
    23  including  access,  egress, interchange, time in queue for tickets, time
    24  on platform and time on train. Journey time and its  components  may  be
    25  based on a manual or an automatically generated sample.
    26    (h) "major incidents" mean incidents that delay twenty or more trains.
    27    (i)  "staff  hours  lost  to  accidents" means staff hours lost due to
    28  accidents or illegal activity per billion passenger journeys.
    29    (j) "standard journey time" means the ideal journey time calculated by
    30  the metropolitan transportation authority for a particular journey.
    31    (k) "terminal on-time performance" means the percentage of  trains  or
    32  buses  arriving  at their destination terminals as scheduled. A train or
    33  bus may be counted as on-time if it arrives at its destination early, on
    34  time, or no more than two minutes late, and has not skipped any  planned
    35  stops.
    36    (l)  "bus  speed"  means  the average speed of a bus calculated by the
    37  authority throughout the duration of its route.
    38    (m) "additional bus stop time"  means  the  average  added  time  that
    39  customers  spend  waiting at the bus stop for a bus, compared with their
    40  scheduled wait time.
    41    (n) "service delivered" means the actual percentage of  service  on  a
    42  bus  or  rail route that operates during peak hours as calculated by the
    43  authority, compared to the amount of service scheduled.
    44    2. Reporting  on  rail  services.    The  metropolitan  transportation
    45  authority  shall  take  all practicable measures to collect, compile and
    46  publish performance metrics of all services provided by  New  York  city
    47  transit  subways,  long  island  railroad  and metro-north railroad on a
    48  weekly basis. These metrics shall include but not be limited to:
    49    (a) additional platform time;
    50    (b) additional [train] travel time;
    51    (c) customer journey time performance;
    52    (d) elevator availability;
    53    (e) escalator availability;
    54    (f) excess journey time;
    55    (g) journey time metric;
    56    (h) major incidents metric;

        S. 5297                             8
     1    (i) staff hours lost to accidents; [and]
     2    (j) terminal on-time performance; and
     3    (k) service delivered.
     4    § 7. Subdivision 3 of section 1276-f of the public authorities law, as
     5  added by section 2 of subpart D of part ZZZ of chapter 59 of the laws of
     6  2019,  is  renumbered  subdivision 4 and a new subdivision 3 is added to
     7  read as follows:
     8    3. Reporting on bus services. No later than eighteen months after  the
     9  effective date of this section, the metropolitan transportation authori-
    10  ty  shall  take all practicable measures to collect, compile and publish
    11  performance metrics of all bus services it  provides  on  an  individual
    12  per-route  basis on a monthly basis. These metrics shall include but not
    13  be limited to:
    14    (a) service delivered;
    15    (b) bus speeds;
    16    (c) additional bus station time;
    17    (d) excess journey time;
    18    (e) additional travel time;
    19    (f) customer journey time performance;
    20    (g) journey time metric;
    21    (h) staff hours lost to accidents; and
    22    (i) terminal on-time performance.
    23    § 8. This act shall take effect immediately; provided,  however,  that
    24  the  amendments to paragraph (b) of subdivision 4 of section 1263 of the
    25  public authorities law made by section four of this act shall not affect
    26  the expiration of such paragraph and shall be deemed  to  expire  there-
    27  with.
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