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A01442 Summary:

BILL NOA01442B
 
SAME ASSAME AS S04625-A
 
SPONSORCarroll
 
COSPNSRAnderson, Jackson, Epstein
 
MLTSPNSR
 
Add §1279-i, Pub Auth L
 
Enacts the metropolitan transportation authority open data act; establishes requirements for the reporting of data based on ridership, routes, and services.
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A01442 Actions:

BILL NOA01442B
 
01/11/2021referred to corporations, authorities and commissions
02/01/2021amend and recommit to corporations, authorities and commissions
02/01/2021print number 1442a
05/19/2021amend and recommit to corporations, authorities and commissions
05/19/2021print number 1442b
05/25/2021reported referred to rules
06/01/2021reported
06/01/2021rules report cal.161
06/01/2021ordered to third reading rules cal.161
06/01/2021passed assembly
06/01/2021delivered to senate
06/01/2021REFERRED TO RULES
06/01/2021SUBSTITUTED FOR S4625A
06/01/20213RD READING CAL.1237
06/01/2021PASSED SENATE
06/01/2021RETURNED TO ASSEMBLY
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A01442 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1442B
 
SPONSOR: Carroll
  TITLE OF BILL: An act to amend the public authorities law, in relation to enacting the metropolitan transportation authority open data act   PURPOSE OR GENERAL IDEA OF BILL: To establish requirements for the Metropolitan Transportation Authority (MTA) to publish its data in open data formats - formats that can be easily accessed, downloaded and manipulated by the public, as per Execu- tive Order No. 55 of 2013: "Using Technology to Promote Transparency, Improve Government Performance and Enhance Citizen Engagement."   SUMMARY OF PROVISIONS: Section 1 of the bill is the bill title. Section 2 of the bill states the Legislative intent. Section 3 adds a new section 1279-j to the public authorities law, "open data reporting". This section codifies into law the requirements of Executive Order No. 95 of 2013: "Using Technology to Promote Transparen- cy, Improve Government Performance and Enhance Citizen Engagement" for the MTA. The authority would have to designate a data coordinator to oversee compliance with the executive order. The authority would have 180 days to create a schedule to publish as much of its data as is feasible and legal within a three-year span. Section 4 of the bill sets the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Amended version removes the committee component of the original bill.   JUSTIFICATION: The Metropolitan Transportation Authority operates with what Pat Foye, named chair in 2019, described as a "credibility gap" between the authority and riders and elected officials - a lack of trust. The authority often releases data in formats difficult to manipulate and access by the public - such as PDF format. The authority is also known for its occasionally poor responses to FOIL requests by members of the public. The decline in performance in the authority's subway, bus and railroad routes are evident to all, but the data currently released by the MTA does not give a full picture of how routes are used and perform. This legislation would codify into law the requirements of Executive Order No. 95 of 2013: Using Technology to Enhance Citizen Engagement" in regards to the Metropolitan Transportation Authority.   PRIOR LEGISLATIVE HISTORY: 2019-20: A.7842   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: The anticipated fiscal impact to the state is minimal   EFFECTIVE DATE: This act shall take effect immediately.
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A01442 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1442--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  CARROLL,  ANDERSON, JACKSON -- read once and
          referred to the Committee on Corporations, Authorities and Commissions
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, 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:
 
     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-i to read as follows:
    15    §  1279-i.  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05619-04-1

        A. 1442--B                          2
 
     1  state office of information technology services and legislature all data
     2  as defined in this section.
     3    2.  For  the  purposes of this section, the following terms shall have
     4  the following meanings:
     5    (a) "open data website" shall mean the  website  data.ny.gov  or  such
     6  other  successor  website  maintained by, or on behalf of, the state, as
     7  deemed appropriate by the New York state office of information technolo-
     8  gy services under Executive Order 95 of 2013, or any successor agency or
     9  order;
    10    (b) "data" shall mean final versions of statistical or factual  infor-
    11  mation  that  (i)  are  in alphanumeric form reflected in a list, table,
    12  graph, chart or other non-narrative form, that can be  digitally  trans-
    13  mitted  or  processed; (ii) are regularly created or maintained by or on
    14  behalf of the metropolitan transportation  authority,  its  subsidiaries
    15  and  affiliates  and are controlled by such entities; and (iii) record a
    16  measurement, transaction or determination related to the mission of  the
    17  metropolitan  transportation authority, its subsidiaries and affiliates.
    18  The term "data" shall not include image files, such  as  designs,  draw-
    19  ings, photos or scanned copies of original documents; provided, however,
    20  that  the  term  "data" shall include statistical or factual information
    21  about image files and geographic information system data;
    22    (c) "data set" shall mean a named collection of related records  main-
    23  tained  on  a storage device, with the collection containing data organ-
    24  ized or formatted in a specific or  prescribed  way,  often  in  tabular
    25  form; and
    26    (d)  "publishable  MTA  data" shall mean data that is collected by the
    27  metropolitan transportation authority, its subsidiaries  and  affiliates
    28  where  the  authority, subsidiary or affiliate is permitted, required or
    29  able to make the data available to the public, consistent with  any  and
    30  all  applicable laws, rules, regulations, ordinances, resolutions, poli-
    31  cies or other restrictions, requirements or rights associated  with  the
    32  publishable  MTA data, including but not limited to contractual or other
    33  legal orders, restrictions or requirements. Data shall not be  publisha-
    34  ble  MTA  data  if  making  such data available on the open data website
    35  would violate statute or regulation,  including,  but  not  limited  to,
    36  disclosures  that  would  constitute an unwarranted invasion of personal
    37  privacy, endanger the public health, safety or welfare, hinder the oper-
    38  ation of government, including criminal  and  civil  investigations,  or
    39  impose  an  undue financial, operational or administrative burden on the
    40  authority or its subsidiaries or affiliates.
    41    3. As required by Executive Order 95 of 2013, the metropolitan  trans-
    42  portation authority shall designate a data coordinator, who shall:
    43    (a)  have authority equivalent to that of a deputy commissioner or the
    44  head of a division or department;
    45    (b) have knowledge of data and resources in use by the entity; and
    46    (c) be responsible for the compliance of the  authority,  its  subsid-
    47  iaries and affiliates with the order.
    48    4.  The authority and its subsidiaries and affiliates shall make their
    49  publishable MTA data available on its website and the open data  website
    50  as follows:
    51    (a)  The  authority  shall  create a catalogue of publishable MTA data
    52  within one hundred eighty days of the effective date of this section;
    53    (b) The metropolitan transportation authority shall within one hundred
    54  eighty days of the effective date of this section, submit to the  legis-
    55  lature  and publish on its shared internet website a schedule for making

        A. 1442--B                          3
 
     1  its publishable MTA data publicly available. Such schedule shall provide
     2  for updating the data catalogue as appropriate; and
     3    (c)  The  metropolitan transportation authority shall create schedules
     4  for publishing all publishable MTA data within three years of the effec-
     5  tive date of this section.
     6    5. The metropolitan transportation  authority,  its  subsidiaries  and
     7  affiliates shall not be prevented from publishing data in advance of the
     8  dates set in their schedules.
     9    § 4. This act shall take effect immediately.
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