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A06680 Summary:

BILL NOA06680
 
SAME ASSAME AS S02622
 
SPONSORTannousis
 
COSPNSR
 
MLTSPNSR
 
Rpld Art 44-C, amd §1630, V & T L; rpld §553 sub 9 ¶(s), sub 12-a, §§553-j & 553-k, amd §§566-a & 1263, add §1265-c, Pub Auth L; rpld §87 sub 2 ¶(p), Pub Off L; rpld Part ZZZ Subpart A §§9 - 11, Chap 59 of 2019; rpld §606 sub§ (jjj), Tax L
 
Repeals congestion pricing (Part A); increases the membership of the metropolitan transportation authority from sixteen to seventeen members; provides for the appointment for one member from each of New York City's boroughs on the written recommendation of the mayor of New York City (Part B); directs the metropolitan transportation authority to contract with a certified public accounting firm for the provision of an independent, comprehensive, forensic audit of the authority (Part C).
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A06680 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6680
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  TANNOUSIS  --  read once and referred to the
          Committee on Corporations, Authorities and Commissions
 
        AN ACT to amend the vehicle and traffic law and the  public  authorities
          law, in relation to congestion pricing in New York city, and repealing
          certain provisions of the vehicle and traffic law, the public authori-
          ties  law, the public officers law, the tax law, and subpart A of part
          ZZZ of chapter 59 of the laws of 2019, amending the vehicle and  traf-
          fic  law  and  the  public  authorities law relating to establishing a
          central business district tolling program in the city of New York  and
          amending  the  public  officers  law  relating  to  confidentiality of
          certain public records, relating thereto (Part A); to amend the public
          authorities law, in relation to the  membership  of  the  metropolitan
          transportation authority (Part B); and to amend the public authorities
          law, in relation to commissioning an independent forensic audit of the
          metropolitan transportation authority; and providing for the repeal of
          such provisions upon the expiration thereof (Part C)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law components of legislation relating
     2  to the metropolitan transportation authority. Each component  is  wholly
     3  contained  within  a Part identified as Parts A through C. The effective
     4  date for each particular provision contained within  such  Part  as  set
     5  forth  in  the  last  section of such Part. Any provision in any section
     6  contained within a Part, including the effective date of the Part, which
     7  makes a reference to a section "of this act", when  used  in  connection
     8  with that particular component, shall be deemed to mean and refer to the
     9  corresponding  section  of the Part in which it is found. Section two of
    10  this act sets forth the general effective date of this act.
 
    11                                   PART A
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06431-01-5

        A. 6680                             2
 
     1    Section 1. Article 44-C of the vehicle and traffic law is REPEALED.
     2    §  2. Subdivision 4 of section 1630 of the vehicle and traffic law, as
     3  amended by section 2 of subpart A of part ZZZ of chapter 59 of the  laws
     4  of 2019, is amended to read as follows:
     5    4.  Charging of tolls, taxes, fees, licenses or permits for the use of
     6  the highway or any of its parts [or entry into or remaining  within  the
     7  central  business  district  established by article forty-four-C of this
     8  chapter], where the imposition thereof is authorized by law.
     9    § 3. Paragraph (s) of subdivision 9  of  section  553  of  the  public
    10  authorities law is REPEALED.
    11    §  4. Subdivision 12-a of section 553 of the public authorities law is
    12  REPEALED.
    13    § 5. Section 553-j of the public authorities law is REPEALED.
    14    § 6. Paragraph (p) of subdivision 2 of section 87 of the public  offi-
    15  cers law is REPEALED.
    16    § 7. Section 553-k of the public authorities law is REPEALED.
    17    §  8. Sections 9, 10, and 11 of subpart A of part ZZZ of chapter 59 of
    18  the laws of 2019, amending the vehicle and traffic law  and  the  public
    19  authorities  law  relating  to  establishing a central business district
    20  tolling program in the city of New York and amending the public officers
    21  law relating to confidentiality of certain public records, are REPEALED.
    22    § 9. Section 566-a of  the  public  authorities  law,  as  amended  by
    23  section  12  of subpart A of part ZZZ of chapter 59 of the laws of 2019,
    24  is amended to read as follows:
    25    § 566-a. Tax contract by the state. 1. It is hereby found,  determined
    26  and  declared  that  the authority and the carrying out of its corporate
    27  purposes is in all respects for the benefit of the people of  the  state
    28  of  New  York, for the improvement of their health, welfare and prosper-
    29  ity, and, in the case of some of the said purposes, for the promotion of
    30  their traffic, and that said purposes are public purposes  and,  in  the
    31  case  of  those  purposes  which consist of vehicular bridges, vehicular
    32  tunnels and approaches thereto [and the central business district  toll-
    33  ing  program],  the  project  is an essential part of the public highway
    34  system and the authority will be performing  an  essential  governmental
    35  function  in the exercise of the powers conferred by this title, and the
    36  state of New York covenants with the purchasers and with all  subsequent
    37  holders  and  transferees  of bonds issued after January first, nineteen
    38  hundred thirty-nine by the authority pursuant to this title, in  consid-
    39  eration of the acceptance of any payment for the bonds that the bonds of
    40  the  authority  issued after January first, nineteen hundred thirty-nine
    41  pursuant to this title and the income therefrom, and all moneys,  funds,
    42  tolls  and  other  revenues pledged to pay or secure the payment of such
    43  bonds, shall at all times be free from taxation except for estate  taxes
    44  and taxes on transfers by or in contemplation of death.
    45    2.  Nothing  herein  shall be construed to repeal or supersede any tax
    46  exemptions heretofore or hereafter granted by general or other laws.
    47    § 10. Subsection (jjj) of section 606 of the  tax  law,  as  added  by
    48  section 1 of subpart F of part ZZZ of chapter 59 of the laws of 2019, is
    49  REPEALED.
    50    § 11. This act shall take effect immediately.
 
    51                                   PART B
 
    52    Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
    53  1263 of the public authorities law, as amended by section 1 of part E of
    54  chapter 39 of the laws of 2019, is amended to read as follows:

        A. 6680                             3
 
     1    (1)  There is hereby created the "metropolitan transportation authori-
     2  ty."  The authority shall be a body corporate and politic constituting a
     3  public benefit corporation. The authority shall consist of a  [chairman]
     4  chairperson,  [sixteen] seventeen other voting members, and two non-vot-
     5  ing  and four alternate non-voting members, as described in subparagraph
     6  two of this paragraph appointed by the governor by and with  the  advice
     7  and  consent of the senate. Any member appointed to a term commencing on
     8  or after June thirtieth, two thousand nine shall have experience in  one
     9  or  more  of the following areas: transportation, public administration,
    10  business management, finance, accounting, law,  engineering,  land  use,
    11  urban and regional planning, management of large capital projects, labor
    12  relations,  or have experience in some other area of activity central to
    13  the mission of the authority. Four of  the  [sixteen]  seventeen  voting
    14  members,  one  member  from  each  of  New York city's five boroughs, as
    15  defined in section 2-202 of the administrative code of the city  of  New
    16  York,  other  than  the [chairman] chairperson shall be appointed on the
    17  written recommendation of the mayor of the city of New York; and each of
    18  seven other voting members other than the [chairman]  chairperson  shall
    19  be  appointed  after  selection from a written list of three recommenda-
    20  tions from the chief executive  officer  of  the  county  in  which  the
    21  particular  member  is  required to reside pursuant to the provisions of
    22  this subdivision. Of the members  appointed  on  recommendation  of  the
    23  chief  executive  officer  of a county, one such member shall be, at the
    24  time of appointment, a resident of the county of Nassau, one a  resident
    25  of  the  county of Suffolk, one a resident of the county of Westchester,
    26  one a resident of the county of Dutchess, one a resident of  the  county
    27  of  Orange, one a resident of the county of Putnam and one a resident of
    28  the county of Rockland, provided that the term of any member  who  is  a
    29  resident  of  a county that has withdrawn from the metropolitan commuter
    30  transportation   district   pursuant   to   section    twelve    hundred
    31  seventy-nine-b  of this title shall terminate upon the effective date of
    32  such county's withdrawal from such district. Of the five voting members,
    33  other than the [chairman] chairperson, appointed by the governor without
    34  recommendation from any other person, three shall be,  at  the  time  of
    35  appointment,  residents of the city of New York and two shall be, at the
    36  time of appointment, residents of such city or of any of  the  aforemen-
    37  tioned  counties  in  the metropolitan commuter transportation district.
    38  Provided however, notwithstanding the foregoing  residency  requirement,
    39  one  of the five voting members appointed by the governor without recom-
    40  mendation from any other person, other than the [chairman]  chairperson,
    41  may  be  the  director of the New York state division of the budget, and
    42  provided further that, in the event  of  such  appointment,  the  budget
    43  director's  membership  in the authority shall be deemed ex-officio. The
    44  [chairman] chairperson and each of the members shall be appointed for  a
    45  term  of  six  years,  provided however, that the [chairman] chairperson
    46  first appointed shall serve for a term ending June  thirtieth,  nineteen
    47  hundred  eighty-one,  provided that thirty days after the effective date
    48  of the chapter of the laws of  two  thousand  nine  which  amended  this
    49  subparagraph,  the  term  of  the  [chairman]  chairperson shall expire;
    50  provided, further, that such  [chairman]  chairperson  may  continue  to
    51  discharge  the duties of [his or her] their office until the position of
    52  [chairman] chairperson is filled by appointment by the governor upon the
    53  advice and consent of the senate and the term  of  such  new  [chairman]
    54  chairperson  shall  terminate  June thirtieth, two thousand fifteen. The
    55  [sixteen] seventeen other members first appointed shall  serve  for  the
    56  following terms: The members from the counties of Nassau and Westchester

        A. 6680                             4
 
     1  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
     2  eighty-five; the members from the county of Suffolk and from  the  coun-
     3  ties  of  Dutchess,  Orange,  Putnam and Rockland shall each serve for a
     4  term  ending  June  thirtieth,  nineteen  hundred ninety-two; two of the
     5  members appointed on recommendation of the mayor of the city of New York
     6  shall each serve for a term  ending  June  thirtieth,  nineteen  hundred
     7  eighty-four  and, two shall each serve for a term ending June thirtieth,
     8  nineteen hundred eighty-one; two of the members appointed by the  gover-
     9  nor  without the recommendation of any other person shall each serve for
    10  a term ending June thirtieth, nineteen  hundred  eighty-two,  two  shall
    11  each serve for a term ending June thirtieth, nineteen hundred eighty and
    12  one  shall  serve  for  a  term  ending June thirtieth, nineteen hundred
    13  eighty-five.  Thirty days after the effective date of the chapter of the
    14  laws of two thousand twenty-five which amended  this  subparagraph,  the
    15  terms  of  the  members  appointed on recommendation of the mayor of the
    16  city of New York shall expire, provided, that such members may  continue
    17  to  discharge  the duties of their office until the positions are filled
    18  by appointment on recommendation of the mayor of the city  of  New  York
    19  and  the  term of three of such new members shall terminate June thirti-
    20  eth, two thousand twenty-seven, and the term of two of such new  members
    21  shall  terminate June thirtieth, two thousand thirty. The two non-voting
    22  and four alternate non-voting members shall serve until  January  first,
    23  two  thousand  one.  The  members from the counties of Dutchess, Orange,
    24  Putnam and Rockland shall cast one collective vote.
    25    § 2. Paragraph (a) of subdivision 1 of  section  1263  of  the  public
    26  authorities  law, as amended by section 2 of part E of chapter 39 of the
    27  laws of 2019, is amended to read as follows:
    28    (a) There is hereby created the "metropolitan transportation  authori-
    29  ty."  The authority shall be a body corporate and politic constituting a
    30  public benefit corporation. The authority shall consist of a  [chairman]
    31  chairperson  and  [sixteen]  seventeen  other  members  appointed by the
    32  governor by and with the advice and consent of the  senate.  Any  member
    33  appointed  to a term commencing on or after June thirtieth, two thousand
    34  nine shall have experience in one or more  of  the  following  areas  of
    35  expertise:   transportation, public administration, business management,
    36  finance, accounting, law, engineering,  land  use,  urban  and  regional
    37  planning, management of large capital projects, labor relations, or have
    38  experience  in some other area of activity central to the mission of the
    39  authority. [Four] Five of the [sixteen] seventeen  members,  one  member
    40  from  each of New York city's five boroughs, as defined in section 2-202
    41  of the administrative code of the city  of  New  York,  other  than  the
    42  [chairman]  chairperson shall be appointed on the written recommendation
    43  of the mayor of the city of New York; and each of  seven  other  members
    44  other than the [chairman] chairperson shall be appointed after selection
    45  from  a  written  list of three recommendations from the chief executive
    46  officer of the county in which the  particular  member  is  required  to
    47  reside  pursuant  to  the provisions of this subdivision. Of the members
    48  appointed on recommendation of the chief executive officer of a  county,
    49  one  such member shall be, at the time of appointment, a resident of the
    50  county of Nassau; one a resident of the county of Suffolk; one  a  resi-
    51  dent  of  the county of Westchester; and one a resident of the county of
    52  Dutchess, one a resident of the county of Orange, one a resident of  the
    53  county  of Putnam and one a resident of the county of Rockland, provided
    54  that the term of any member who is a resident of a county that has with-
    55  drawn from the metropolitan commuter transportation district pursuant to
    56  section twelve hundred seventy-nine-b of this title shall terminate upon

        A. 6680                             5
 
     1  the effective date of such county's withdrawal from  such  district.  Of
     2  the  five  members,  other than the [chairman] chairperson, appointed by
     3  the governor without recommendation from any other person,  three  shall
     4  be,  at  the  time of appointment, residents of the city of New York and
     5  two shall be, at the time of appointment, residents of such city  or  of
     6  any  of  the aforementioned counties in the metropolitan commuter trans-
     7  portation district.  Provided  however,  notwithstanding  the  foregoing
     8  residency  requirement,  one of the five voting members appointed by the
     9  governor without recommendation from any other person,  other  than  the
    10  [chairman]  chairperson, may be the director of the New York state divi-
    11  sion of the budget, and provided further that,  in  the  event  of  such
    12  appointment,  the budget director's membership in the authority shall be
    13  deemed ex-officio. The [chairman] chairperson and each  of  the  members
    14  shall  be  appointed for a term of six years, provided however, that the
    15  [chairman] chairperson first appointed shall serve  for  a  term  ending
    16  June  thirtieth,  nineteen hundred eighty-one, provided that thirty days
    17  after the effective date of the chapter of the laws of two thousand nine
    18  which amended this paragraph, the term  of  the  [chairman]  chairperson
    19  shall  expire;  provided,  further, that such [chairman] chairperson may
    20  continue to discharge the duties of [his] their office until  the  posi-
    21  tion  of [chairman] chairperson is filled by appointment by the governor
    22  upon the advice and consent of the senate  and  the  term  of  such  new
    23  [chairman]  chairperson  shall  terminate  June  thirtieth, two thousand
    24  fifteen. The sixteen other members first appointed shall serve  for  the
    25  following terms: The members from the counties of Nassau and Westchester
    26  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
    27  eighty-five; the members from the county of Suffolk and from  the  coun-
    28  ties  of  Dutchess,  Orange,  Putnam and Rockland shall each serve for a
    29  term ending June thirtieth, nineteen  hundred  ninety-two;  two  of  the
    30  members appointed on recommendation of the mayor of the city of New York
    31  shall  each  serve  for  a  term ending June thirtieth, nineteen hundred
    32  eighty-four and, two shall each serve for a term ending June  thirtieth,
    33  nineteen  hundred eighty-one; two of the members appointed by the gover-
    34  nor without the recommendation of any other person shall each serve  for
    35  a  term  ending  June  thirtieth, nineteen hundred eighty-two, two shall
    36  each serve for a term ending June thirtieth, nineteen hundred eighty and
    37  one shall serve for a  term  ending  June  thirtieth,  nineteen  hundred
    38  eighty-five.  Thirty days after the effective date of the chapter of the
    39  laws of two thousand twenty-five which amended this paragraph, the terms
    40  of the members appointed on recommendation of the mayor of the  city  of
    41  New  York  shall  expire,  provided,  that  such members may continue to
    42  discharge the duties of their office until the positions are  filled  by
    43  appointment  on  recommendation of the mayor of the city of New York and
    44  the term of three of such new members shall  terminate  June  thirtieth,
    45  two thousand twenty-seven, and the term of two of such new members shall
    46  terminate  June  thirtieth,  two  thousand  thirty. The members from the
    47  counties of Dutchess, Orange, Putnam and Rockland shall cast one collec-
    48  tive vote.
    49    § 3. This act shall take effect immediately, however,  the  amendments
    50  to subparagraph (1) of paragraph (a) of subdivision 1 of section 1263 of
    51  the  public  authorities  law  made  by section one of this act shall be
    52  subject to the expiration and reversion of such  paragraph  pursuant  to
    53  section 3 of chapter 549 of the laws of 1994, as amended, when upon such
    54  date the provisions of section two of this act shall take effect.
 
    55                                   PART C

        A. 6680                             6
 
     1    Section  1.  The  public  authorities  law  is amended by adding a new
     2  section 1265-c to read as follows:
     3    §  1265-c.  Independent  forensic  audit. 1. Notwithstanding any other
     4  provision of law, the authority shall, within sixty days of  the  effec-
     5  tive date of this section and at its own expense, contract with a certi-
     6  fied public accounting firm for the provision of an independent, compre-
     7  hensive,  forensic audit of the authority. Such audit shall be performed
     8  in accordance with generally  accepted  government  auditing  standards.
     9  Such  audit  shall  be independent of and in addition to the independent
    10  audit of  the  authority  conducted  pursuant  to  section  twenty-eight
    11  hundred two of this chapter.
    12    2.  The  certified  independent  public  accounting firm providing the
    13  authority's independent, comprehensive, forensic audit shall be  prohib-
    14  ited  from  providing  audit  services if the lead or coordinating audit
    15  partner having primary responsibility for the audit, or the audit  part-
    16  ner  responsible  for  reviewing the audit, has performed audit services
    17  for the authority within any of the ten previous  fiscal  years  of  the
    18  authority.
    19    3.  The  certified  independent  accounting  firm performing the audit
    20  pursuant to this section shall be prohibited from performing any non-au-
    21  dit services for the authority contemporaneously with such audit.
    22    4. It  shall  be  prohibited  for  the  certified  independent  public
    23  accounting  firm  to  perform for the authority any audit service if the
    24  chief executive officer, comptroller,  chief  financial  officer,  chief
    25  accounting officer or any other person serving in an equivalent position
    26  in  the  authority was an employee, consultant or independent contractor
    27  of such certified independent public accounting firm and participated in
    28  any capacity in the audit of the authority at any time in the past.
    29    5. The certified independent  public  accounting  firm  contracted  to
    30  perform  the independent, comprehensive, forensic audit of the authority
    31  pursuant to this section shall, on or before January first, two thousand
    32  twenty-six, report its findings, conclusions and recommendations to  the
    33  governor,  the state comptroller, the temporary president of the senate,
    34  the speaker of the assembly, the chair and ranking  minority  member  of
    35  the  senate  finance committee, the chair and ranking minority member of
    36  the assembly ways and means committee, the chairs and  ranking  minority
    37  members  of  the  senate  and the assembly corporations, authorities and
    38  commissions committees, and the chairs and ranking minority  members  of
    39  the senate and the assembly transportation committees.
    40    §  2.  This  act shall take effect immediately and shall expire and be
    41  deemed repealed upon the delivery of the  report  required  pursuant  to
    42  subdivision  5  of section 1265-c of the public authorities law as added
    43  by section one of this act; provided that the  state  comptroller  shall
    44  notify  the  legislative  bill  drafting commission upon receipt of such
    45  report in order that the commission may maintain an accurate and  timely
    46  effective data base of the official text of the laws of the state of New
    47  York  in furtherance of effectuating the provisions of section 44 of the
    48  legislative law and section 70-b of the public officers law.
    49    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    50  sion, section or part of this act shall be  adjudged  by  any  court  of
    51  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    52  impair, or invalidate the remainder thereof, but shall  be  confined  in
    53  its  operation  to the clause, sentence, paragraph, subdivision, section
    54  or part thereof directly involved in the controversy in which such judg-
    55  ment shall have been rendered. It is hereby declared to be the intent of

        A. 6680                             7

     1  the legislature that this act would  have  been  enacted  even  if  such
     2  invalid provisions had not been included herein.
     3    §  3.  This act shall take effect immediately; provided, however, that
     4  the applicable effective date of Parts A through C of this act shall  be
     5  as specifically set forth in the last section of such Parts.
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