Directs the board to submit a recommendation regarding the central business district toll amounts to the legislature and also to recommend a privacy risk plan.
STATE OF NEW YORK
________________________________________________________________________
4797--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 8, 2021
___________
Introduced by M. of A. RA, BRABENEC -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- recommitted
to the Committee on Corporations, Authorities and Commissions in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public authorities law, in relation to the board
submitting a recommendation regarding the central business district
toll amounts to the legislature and recommending a privacy risk plan
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds and declares that
2 legislative accountability is a core element in any democratic polity.
3 The commuter tax legislation tried to sidestep that accountability by
4 passing off the burden of establishing the commuter tax rates to
5 unelected bureaucrats and announcing such rates the week after the 2020
6 election. This legislation would restore the crucial element of legis-
7 lative accountability by requiring that the legislature approve any rate
8 established for the commuter tax.
9 § 2. Subdivisions 2 and 3 of section 553-k of the public authorities
10 law, as added by section 8 of subpart A of part ZZZ of chapter 59 of the
11 laws of 2019, are amended to read as follows:
12 2. The board shall make a recommendation regarding the central busi-
13 ness district toll amounts to be established pursuant to article forty-
14 four-C of the vehicle and traffic law, which shall include a variable-
15 pricing structure, no [sooner] later than [November] April fifteenth,
16 two thousand [twenty and no later than December thirty-first, two thou-
17 sand twenty, or no later than thirty days before a central business
18 district tolling program is initiated, whichever is later] twenty-three.
19 Such recommendation shall be submitted to the legislature for approval.
20 The legislature shall vote on such recommendation by June thirty-first,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09044-02-2
A. 4797--A 2
1 two thousand twenty-three. The authority shall only be permitted to
2 establish central business toll district amounts if approved by the
3 legislature. If approved by the legislature, such recommendation shall
4 be submitted to the board of the Triborough bridge and tunnel authority
5 for consideration before the Triborough bridge and tunnel authority
6 board may approve central business district toll amounts that may be
7 established and adopted.
8 3. For purposes of recommending a central business district toll or
9 tolls in addition to the goal of reducing traffic within the central
10 business district, the board shall, at minimum, ensure that annual
11 revenues and fees collected under such program, less costs of such
12 program, provide for revenues into the central business district tolling
13 capital lockbox fund, established pursuant to section five hundred
14 fifty-three-j of this [chapter] title, necessary to fund fifteen billion
15 dollars for capital projects for the 2020 to 2024 capital program, and
16 any additional revenues above that amount to be available for any
17 successor program. The board shall consider for purposes of its recom-
18 mendations, factors including but not limited to, traffic patterns,
19 traffic mitigation measures, operating costs, public impact, public
20 safety, hardships, vehicle type, discounts for motorcycles, peak and
21 off-peak rates and environmental impacts, including but not limited to
22 air quality and emissions trends. The board shall recommend a plan for
23 credits, discounts, and/or exemptions for tolls paid on bridges and
24 crossings which shall be informed by a traffic study associated with the
25 impact of any such credits, discounts and/or exemptions on the recom-
26 mended toll. The board shall recommend a plan for credits, discounts,
27 and/or exemptions for for-hire vehicles defined, and subject to a
28 surcharge imposed by, article twenty-nine-C of the tax law for a for-
29 hire transportation trip based on factors including, but not limited to,
30 initial market entry costs associated with licensing and regulation,
31 comparative contribution to congestion in the central business district,
32 and general industry impact. The board shall recommend a privacy risk
33 plan in relation to the collection, processing, transfer and disclosure
34 of personal data, including, but not limited to, historical or real-time
35 geolocation data, under such a program and require that use, disclosure
36 or access to an individual's personal data shall require affirmative,
37 express consent of the individual. The board shall produce a detailed
38 report that provides information regarding the board's review and analy-
39 sis for purposes of establishing its recommendations, including but not
40 limited to, all of the considerations referred to in this subdivision.
41 The board shall not recommend a toll that provides for charging passen-
42 ger vehicles registered pursuant to subdivision six of section four
43 hundred one of the vehicle and traffic law more than once per day.
44 § 3. This act shall take effect immediately.
