DeStefano, Montesano, Miller B, Mikulin, Morinello, Garbarino, Lawrence
 
MLTSPNSR
Palmesano, Salka, Tague
 
Amd §553-k, Pub Auth L
 
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
________________________________________________________________________
9807--A
IN ASSEMBLY
February 13, 2020
___________
Introduced by M. of A. RA -- 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
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 passed last year tried to sidestep that
4 accountability by passing off the burden of establishing the commuter
5 tax rates to unelected bureaucrats and announcing such rates the week
6 after the 2020 election. This legislation would restore the crucial
7 element of legislative accountability by requiring not only that the
8 legislature approve any rate established for the commuter tax, but also
9 conditioning that approval be made before the upcoming election.
10 § 2. Subdivisions 2 and 3 of section 553-k of the public authorities
11 law, as added by section 8 of subpart A of part ZZZ of chapter 59 of the
12 laws of 2019, are amended to read as follows:
13 2. The board shall make a recommendation regarding the central busi-
14 ness district toll amounts to be established pursuant to article forty-
15 four-C of the vehicle and traffic law, which shall include a variable-
16 pricing structure, no [sooner] later than [November] October fifteenth,
17 two thousand twenty [and no later than December thirty-first, two thou-
18 sand twenty, or no later than thirty days before a central business
19 district tolling program is initiated, whichever is later]. Such recom-
20 mendation shall be submitted to the legislature for approval. The
21 legislature shall vote on such recommendation by January thirty-first,
22 two thousand twenty-one. The authority shall only be permitted to estab-
23 lish central business toll district amounts if approved by the legisla-
24 ture. If approved by the legislature, such recommendation shall be
25 submitted to the board of the Triborough bridge and tunnel authority for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14855-03-0
A. 9807--A 2
1 consideration before the Triborough bridge and tunnel authority board
2 may approve central business district toll amounts that may be estab-
3 lished and adopted.
4 3. For purposes of recommending a central business district toll or
5 tolls in addition to the goal of reducing traffic within the central
6 business district, the board shall, at minimum, ensure that annual
7 revenues and fees collected under such program, less costs of such
8 program, provide for revenues into the central business district tolling
9 capital lockbox fund, established pursuant to section five hundred
10 fifty-three-j of this [chapter] title, necessary to fund fifteen billion
11 dollars for capital projects for the 2020 to 2024 capital program, and
12 any additional revenues above that amount to be available for any
13 successor program. The board shall consider for purposes of its recom-
14 mendations, factors including but not limited to, traffic patterns,
15 traffic mitigation measures, operating costs, public impact, public
16 safety, hardships, vehicle type, discounts for motorcycles, peak and
17 off-peak rates and environmental impacts, including but not limited to
18 air quality and emissions trends. The board shall recommend a plan for
19 credits, discounts, and/or exemptions for tolls paid on bridges and
20 crossings which shall be informed by a traffic study associated with the
21 impact of any such credits, discounts and/or exemptions on the recom-
22 mended toll. The board shall recommend a plan for credits, discounts,
23 and/or exemptions for for-hire vehicles defined, and subject to a
24 surcharge imposed by, article twenty-nine-C of the tax law for a for-
25 hire transportation trip based on factors including, but not limited to,
26 initial market entry costs associated with licensing and regulation,
27 comparative contribution to congestion in the central business district,
28 and general industry impact. The board shall recommend a privacy risk
29 plan in relation to the collection, processing, transfer and disclosure
30 of personal data, including, but not limited to, historical or real-time
31 geolocation data, under such a program and require that use, disclosure
32 or access to an individual's personal data shall require affirmative,
33 express consent of the individual. The board shall produce a detailed
34 report that provides information regarding the board's review and analy-
35 sis for purposes of establishing its recommendations, including but not
36 limited to, all of the considerations referred to in this subdivision.
37 The board shall not recommend a toll that provides for charging passen-
38 ger vehicles registered pursuant to subdivision six of section four
39 hundred one of the vehicle and traffic law more than once per day.
40 § 3. This act shall take effect immediately.