S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8052
 
                             I N  S E N A T E
 
                              March 22, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, the tax law,  the  New  York
   state urban development corporation act, the real property tax law and
   the economic development law, in relation to mitigating the closure of
   the L subway line in the city of New York

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1277-b to read as follows:
   §  1277-B. L SUBWAY LINE CLOSURE MITIGATION PLAN.  NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY  SHALL  DEVELOP  A
 PLAN  TO MITIGATE THE INDIVIDUAL AND ECONOMIC HARDSHIPS EXPERIENCED BY A
 TEMPORARY CLOSURE OF THE L SUBWAY LINE FOR REPAIRS.    SUCH  PLAN  SHALL
 INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
   1.  DISCOUNTED  ADVERTISING  ON  ALL AUTHORITY ADVERTISING MEDIUMS FOR
 BUSINESSES IN THE DESIGNATED L SUBWAY LINE RECONSTRUCTION AREA;
   2. SIGNAGE AT ABOVE GROUND WORK SITES WHICH STATES THAT BUSINESSES ARE
 OPEN. SUCH SIGNAGE SHALL BE PROVIDED BY THE COMPANY RESPONSIBLE FOR SUCH
 ABOVE GROUND WORK SITE;
   3. GRANTS TO BE AWARDED TO ARTISTS FOR THE CREATION OF WORKS  SUITABLE
 FOR  DISPLAY  ON A STREET, BUS OR FERRY FOR THE PURPOSE OF DRAWING VISI-
 TORS TO THE NEIGHBORHOODS IN THE L SUBWAY LINE RECONSTRUCTION AREA;
   4. A FREE SHUTTLE BUS SERVICE FOR TRANSIT CUSTOMERS IN  THE  L  SUBWAY
 LINE RECONSTRUCTION AREA;
   5. FARE PARITY BETWEEN FERRY, BUS AND SUBWAY LINES SERVING AS ALTERNA-
 TIVE ROUTES DURING THE TEMPORARY SHUTDOWN OF THE L SUBWAY LINE;
   6.  FREE METROCARD TRANSFERS ON FERRY, BUS AND SUBWAY LINES SERVING AS
 ALTERNATIVE ROUTES DURING THE TEMPORARY SHUTDOWN OF THE L SUBWAY LINE.
   § 2. Subdivision (a) of section 1115 of the  tax  law  is  amended  by
 adding a new paragraph 45 to read as follows:
   (45)  (I)  FOOD,  BEVERAGES, GOODS OR SERVICES SOLD IN A BUSINESS ZONE
 AREA FROM APRIL FIRST, TWO THOUSAND NINETEEN  UNTIL  JULY  THIRTY-FIRST,
 TWO THOUSAND TWENTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14751-02-8

 S. 8052                             2
 
   (II)  FOR  PURPOSES OF THIS PARAGRAPH, "BUSINESS ZONE AREA" SHALL MEAN
 THOSE BUSINESSES, IN AN AREA  TO  BE  DETERMINED  BY  THE  COMMISSIONER,
 LOCATED  IN  THE  CITY  OF NEW YORK AND IMPACTED BY THE CLOSURE OF THE L
 SUBWAY LINE.
   §  3.  Beginning April 1, 2019, the New York city department of trans-
 portation shall be authorized to  install  and  operate  traffic-control
 signal photo violation-monitoring devices along L subway line high occu-
 pancy  vehicle,  bus  and  bicycle  lanes, including but not limited to,
 along the Williamsburg Bridge, Grand Street and any other  location  the
 commissioner  of  the  New  York city department of transportation deems
 necessary.
   § 4. Section 1 of chapter 174 of the laws of  1968,  constituting  the
 New York state urban development corporation act, is amended by adding a
 new section 16-bb to read as follows:
   §  16-BB.  L SUBWAY LINE REPAIRS EMERGENCY GRANT PROGRAM. (1) THERE IS
 HEREBY CREATED AN L SUBWAY LINE REPAIRS EMERGENCY GRANT PROGRAM FOR  THE
 PURPOSE  OF  PROVIDING FINANCIAL ASSISTANCE TO BUSINESSES LOCATED WITHIN
 THE L SUBWAY LINE BUSINESS ZONE AREA DURING PERIODS OF REPAIR.
   (2) FOR THE PURPOSES OF THIS SECTION  THE  FOLLOWING  WORDS  OR  TERMS
 SHALL MEAN AS FOLLOWS:
   (A)  "QUALIFIED  BUSINESS"  SHALL MEAN A BUSINESS OPERATING WITHIN THE
 BUSINESS ZONE AREA DURING A PERIOD OF AUTHORIZED REPAIRS, AND THE  BUSI-
 NESS HAS A DEMONSTRATED LOSS.
   (B)  "BUSINESS ZONE AREA" SHALL MEAN AN AREA IN WHICH THE CHAIR OF THE
 CORPORATION DETERMINES THAT REPAIRS ON THE L SUBWAY  LINE  HAS  OCCURRED
 THAT  HAS BEEN CERTIFIED BY THE COMMISSIONER FOR THE METROPOLITAN TRANS-
 PORTATION AUTHORITY.
   (C) "PERIOD OF AUTHORIZED REPAIRS" SHALL MEAN THOSE  DATES  FOR  WHICH
 THE  CHAIR  OF  THE  CORPORATION DETERMINES THAT REPAIRS ON THE L SUBWAY
 LINE HAS OCCURRED FOR THE SPECIFIC PORTION OF THE BUSINESS ZONE AREA.
   (D) "DEMONSTRATED LOSS" MEANS A TEN PERCENT DECLINE IN TAXABLE  INCOME
 IN  THE YEAR IN WHICH THE GRANT IS APPLIED FOR COMPARED TO THE BUSINESS'
 BASE FISCAL YEAR.
   (E) "BASE FISCAL YEAR" MEANS THE TAX YEAR  IMMEDIATELY  PRECEDING  THE
 YEAR IN WHICH REPAIRS BEGAN IN THAT PORTION OF THE BUSINESS ZONE AREA IN
 WHICH THE BUSINESS IS LOCATED.
   (3)  ASSISTANCE,  OUT OF MONEYS MADE AVAILABLE FOR THIS PROGRAM, SHALL
 BE PROVIDED TO QUALIFIED BUSINESSES FOR A PERIOD OF THREE MONTHS FOR THE
 FOLLOWING PURPOSES:
   (A) RENTAL PAYMENT ASSISTANCE, WHETHER FOR REAL PROPERTY OR  EQUIPMENT
 AND SERVICES; AND
   (B) UTILITIES, INCLUDING BUT NOT LIMITED TO ELECTRICITY, PHONE, CABLE,
 INTERNET, AND WATER.
   (4)  THE CHAIRMAN SHALL ESTABLISH RULES AND REGULATIONS TO ENSURE THAT
 ALL MONEYS GIVEN PURSUANT TO THIS SECTION  ARE  USED  FOR  THE  PURPOSES
 SPECIFIED  BY  THE  APPLICANT.   IF IT IS DETERMINED THAT A RECIPIENT OF
 FUNDS USED THE MONEY IN A MANNER INCONSISTENT WITH THE  INFORMATION  SET
 OUT  IN HIS OR HER APPLICATION, THE APPLICANT SHALL BE REQUIRED TO REIM-
 BURSE THE CORPORATION TWICE THE AMOUNT GIVEN TO THE APPLICANT.
   § 5. Article 4 of the real property tax law is amended by adding a new
 title 3-A to read as follows:
                                 TITLE 3-A
                   TAX ABATEMENT FOR CERTAIN COMMERCIAL
          PROPERTIES LOCATED WITHIN THE L SUBWAY LINE REPAIR AREA
 SECTION 497.   DEFINITIONS.
         497-A. REAL PROPERTY TAX ABATEMENT.

 S. 8052                             3
 
         497-B. ELIGIBILITY REQUIREMENTS.
         497-C. APPLICATION FOR CERTIFICATE OF ABATEMENT.
         497-D. ENFORCEMENT AND ADMINISTRATION.
         497-E. REPORTING REQUIREMENTS; REVOCATION OF ABATEMENTS.
         497-F. TAX LIEN; INTEREST AND PENALTY.
   § 497. DEFINITIONS. WHEN USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
 MEAN OR INCLUDE:
   1. "ABATEMENT BASE." THE LESSER OF: (A) TWO DOLLARS AND FIFTY CENTS OR
 (B) FIFTY PER CENTUM OF THE TAX LIABILITY PER SQUARE FOOT.
   2.  "ABATEMENT ZONE." ANY AREA LOCATED WITHIN THE REPAIR AREA OF THE L
 SUBWAY LINE AS DEFINED BY THE COMMISSIONER OF THE METROPOLITAN TRANSPOR-
 TATION AUTHORITY, WHICH HAS BEEN LOCATED IN SUCH  AREA  AND  CONTINUALLY
 BEEN  DOING  BUSINESS  IN  SUCH AREA DURING THE TAXABLE YEAR OR YEARS IN
 WHICH REPAIRS OCCUR.
   3. "AGGREGATE FLOOR AREA." THE SUM OF THE GROSS AREAS OF  THE  SEVERAL
 FLOORS OF A BUILDING, MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS
 OR FROM THE CENTER LINES OF WALLS SEPARATING TWO BUILDINGS.
   4. "APPLICANT." THE LANDLORD AND THE TENANT.
   5.  "BENEFIT  PERIOD." THE PERIOD COMMENCING WITH THE FIRST DAY OF THE
 MONTH IMMEDIATELY FOLLOWING THE RENT COMMENCEMENT DATE  AND  TERMINATING
 NO LATER THAN TWENTY-FOUR MONTHS THEREAFTER.
   6.  "BILLABLE  ASSESSED VALUE." THE LESSER OF THE TAXABLE TRANSITIONAL
 OR THE TAXABLE ACTUAL ASSESSED VALUE OF THE ELIGIBLE  BUILDING  AND  THE
 LAND  ON  WHICH  THE ELIGIBLE BUILDING IS LOCATED FOR THE FISCAL YEAR IN
 WHICH THE BENEFIT PERIOD COMMENCES.
   7. "DEPARTMENT OF FINANCE." THE DEPARTMENT OF FINANCE OF THE  CITY  OF
 NEW YORK.
   8.  "ELIGIBLE  BUILDING."  A  NON-RESIDENTIAL  OR  MIXED-USE  BUILDING
 LOCATED IN THE ABATEMENT ZONE.  SUCH ELIGIBLE BUILDING SHALL NOT INCLUDE
 ANY BUILDING OWNED BY A GOVERNMENTAL AGENCY.
   9. "ELIGIBILITY PERIOD." THE PERIOD COMMENCING APRIL FIRST, TWO  THOU-
 SAND NINETEEN AND TERMINATING JULY THIRTY-FIRST, TWO THOUSAND TWENTY.
   10.  "ELIGIBLE  PREMISES."  PREMISES  LOCATED  IN AN ELIGIBLE BUILDING
 WHICH ARE OCCUPIED OR USED AS OFFICES (INCLUDING ANCILLARY USES) OR  ARE
 OCCUPIED OR USED AS RETAIL SPACE.
   11.  "FISCAL YEAR." THE FISCAL YEAR OF ANY CITY HAVING A POPULATION OF
 ONE MILLION OR MORE.
   12. "GOVERNMENTAL AGENCY." THE UNITED STATES OF AMERICA OR ANY  AGENCY
 OR INSTRUMENTALITY THEREOF, THE STATE OF NEW YORK, THE CITY OF NEW YORK,
 ANY  PUBLIC  CORPORATION (INCLUDING A BODY CORPORATE AND POLITIC CREATED
 PURSUANT TO AGREEMENT OR COMPACT BETWEEN THE STATE OF NEW YORK  AND  ANY
 OTHER  STATE),  PUBLIC  BENEFIT  CORPORATION,  PUBLIC AUTHORITY OR OTHER
 POLITICAL SUBDIVISION OF THE STATE.
   13. "LANDLORD." ANY  PERSON  WHO:  (A)  CONTROLS  ALL  NON-RESIDENTIAL
 PORTIONS  OF  AN  ELIGIBLE  BUILDING, INCLUDING, WITHOUT LIMITATION, THE
 RECORD OWNER,  THE  LESSEE  UNDER  A  GROUND  LEASE,  ANY  MORTGAGEE  IN
 POSSESSION OR ANY RECEIVER, AND
   (B)  WHO  GRANTS  THE  RIGHT TO USE OR OCCUPY ELIGIBLE PREMISES TO ANY
 TENANT, PROVIDED THAT LANDLORD SHALL NOT INCLUDE ANY LESSEE WHO  AT  ANY
 TIME DURING THE LEASE TERM OCCUPIED OR USED OR OCCUPIES OR USES ANY PART
 OF  THE  NON-RESIDENTIAL  PORTIONS OF SUCH ELIGIBLE BUILDING, OTHER THAN
 PREMISES OCCUPIED OR USED BY SUCH LESSEE TO PROVIDE RENTAL OR MANAGEMENT
 SERVICES TO SUCH BUILDING.
   14. "LEASE COMMENCEMENT DATE." THE DATE SET  FORTH  IN  THE  LEASE  ON
 WHICH THE TERM OF THE LEASE COMMENCES.

 S. 8052                             4
 
   15.  "MIXED-USE  BUILDING."  A  BUILDING USED FOR BOTH RESIDENTIAL AND
 COMMERCIAL PURPOSES, PROVIDED THAT MORE THAN TWENTY-FIVE PER  CENTUM  OF
 THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
 COMMERCIAL, COMMUNITY FACILITY OR ACCESSORY USE SPACE.
   16.  "PERSON."  AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY,
 PARTNERSHIP, ASSOCIATION, AGENCY, TRUST,  ESTATE,  FOREIGN  OR  DOMESTIC
 GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
   17. "RENT COMMENCEMENT DATE." THE DATE SET FORTH IN THE LEASE ON WHICH
 THE OBLIGATION TO PAY BASIC FIXED RENT SHALL COMMENCE.
   18.  "TAX LIABILITY." THE PRODUCT OBTAINED BY MULTIPLYING THE BILLABLE
 ASSESSED VALUE FOR THE FISCAL YEAR IN WHICH THE BENEFIT PERIOD COMMENCES
 BY THE TAX RATE APPLICABLE TO THE ELIGIBLE BUILDING FOR SUCH FISCAL YEAR
 AS SET BY THE LOCAL LEGISLATIVE BODY OF ANY CITY HAVING A POPULATION  OF
 ONE MILLION OR MORE.
   19.  "TAX LIABILITY PER SQUARE FOOT." THE TAX LIABILITY DIVIDED BY THE
 TOTAL NUMBER OF SQUARE FEET IN THE ELIGIBLE BUILDING, AS LISTED  ON  THE
 RECORDS OF THE DEPARTMENT OF FINANCE.
   20.  "TENANT."  A  PERSON  (INCLUDING  ANY SUCCESSORS IN INTEREST) WHO
 EXECUTES A LEASE WITH THE LANDLORD FOR THE RIGHT TO OCCUPY  OR  USE  THE
 ELIGIBLE  PREMISES AND WHO OCCUPIES OR USES THE ELIGIBLE PREMISES PURSU-
 ANT TO SUCH LEASE. TENANT SHALL NOT INCLUDE ANY SUBTENANT.
   21. "TENANT'S  PERCENTAGE  SHARE."  THE  PERCENTAGE  OF  THE  ELIGIBLE
 BUILDING'S  AGGREGATE  FLOOR  AREA  ALLOCATED  TO THE ELIGIBLE PREMISES,
 WHICH SHALL BE PRESUMED TO BE SUCH PERCENTAGE AS SET FORTH IN THE  LEASE
 FOR  THE  ELIGIBLE  PREMISES;  PROVIDED THAT WHERE THE ELIGIBLE PREMISES
 INCLUDES EXPANSION PREMISES, THE "TENANT'S PERCENTAGE  SHARE"  SHALL  BE
 CALCULATED  ON  THE  BASIS  OF THE PERCENTAGE OF THE ELIGIBLE BUILDING'S
 AGGREGATE FLOOR AREA ALLOCATED SOLELY TO THE EXPANSION PREMISES.
   22. "RENEWAL TENANT." A PERSON WHO HAS  AN  EXISTING  LEASE  WITH  THE
 LANDLORD AND RENEGOTIATES OR RENEWS SUCH LEASE WITH THE LANDLORD FOR THE
 RIGHT TO OCCUPY OR USE THE ELIGIBLE PREMISES.
   § 497-A. REAL  PROPERTY TAX ABATEMENT. 1. WITHIN A CITY HAVING A POPU-
 LATION OF ONE MILLION OR MORE, ELIGIBLE  BUILDINGS  CONTAINING  ELIGIBLE
 PREMISES  SHALL  RECEIVE  AN ABATEMENT OF REAL PROPERTY TAXES DURING THE
 BENEFIT PERIOD. THE ABATEMENT SHALL BE EQUAL TO THE PRODUCT OBTAINED BY:
   (A) MULTIPLYING THE TENANT'S PERCENTAGE SHARE BY THE NUMBER OF  SQUARE
 FEET  IN  THE ELIGIBLE BUILDING, AS LISTED ON THE RECORDS OF THE DEPART-
 MENT OF FINANCE; AND
   (B) MULTIPLYING THE PRODUCT OBTAINED IN PARAGRAPH (A) BY THE ABATEMENT
 BASE.
   2. IF, AS A RESULT OF APPLICATION TO THE TAX  COMMISSION  OR  A  COURT
 ORDER  OR  ACTION  BY  THE  DEPARTMENT OF FINANCE, THE BILLABLE ASSESSED
 VALUE IS REDUCED, THE DEPARTMENT OF FINANCE SHALL RECALCULATE THE ABATE-
 MENT UTILIZING SUCH REDUCED BILLABLE ASSESSED VALUE. THE AMOUNT EQUAL TO
 THE DIFFERENCE BETWEEN THE ABATEMENT ORIGINALLY GRANTED AND  THE  ABATE-
 MENT  AS  SO  RECALCULATED  SHALL  BE DEDUCTED FROM ANY REFUND OTHERWISE
 PAYABLE OR REMISSION OTHERWISE DUE AS A  RESULT  OF  SUCH  REDUCTION  IN
 BILLABLE ASSESSED VALUE, AND ANY BALANCE OF SUCH AMOUNT REMAINING UNPAID
 AFTER  MAKING  ANY  SUCH  DEDUCTION  SHALL  BE PAID TO THE DEPARTMENT OF
 FINANCE WITHIN THIRTY DAYS FROM THE DATE OF MAILING BY THE DEPARTMENT OF
 FINANCE OF A NOTICE OF THE AMOUNT PAYABLE.  SUCH  AMOUNT  PAYABLE  SHALL
 CONSTITUTE  A  TAX  LIEN ON THE ELIGIBLE BUILDING AS OF THE DATE OF SUCH
 NOTICE AND, IF NOT PAID  WITHIN  SUCH  THIRTY-DAY  PERIOD,  PENALTY  AND
 INTEREST  AT  THE  RATE  APPLICABLE TO DELINQUENT TAXES ON SUCH ELIGIBLE
 BUILDING SHALL BE CHARGED AND COLLECTED ON SUCH AMOUNT FROM THE DATE  OF
 SUCH NOTICE TO THE DATE OF PAYMENT.

 S. 8052                             5
 
   3.  IN  NO EVENT SHALL THE ABATEMENT FOR THE ELIGIBLE PREMISES GRANTED
 PURSUANT TO THIS TITLE EXCEED THE TAX LIABILITY ALLOCABLE TO THE  ELIGI-
 BLE PREMISES.
   4.  NOTWITHSTANDING  THE PROVISIONS OF ANY LEASE FOR OCCUPANCY OF NON-
 ELIGIBLE PREMISES IN AN ELIGIBLE BUILDING OR FOR OCCUPANCY  OF  ELIGIBLE
 PREMISES  FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT
 TO THIS TITLE, A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE PREMISES
 FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT  TO  THIS
 TITLE  SHALL  NOT  BE  ENTITLED  TO  RECEIVE  DIRECTLY  OR  INDIRECTLY A
 REDUCTION IN EITHER THE REAL PROPERTY TAXES OR ANY RENT (INCLUDING ADDI-
 TIONAL RENT) PAYABLE PURSUANT TO SUCH LEASE WHERE SUCH  REDUCTION  WOULD
 RESULT FROM AN ABATEMENT OF REAL PROPERTY TAXES GRANTED PURSUANT TO THIS
 TITLE.  A  LANDLORD  OF AN ELIGIBLE BUILDING SHALL NOT ALLOCATE, CREDIT,
 ASSIGN OR DISBURSE ANY PORTION OF AN ABATEMENT GRANTED PURSUANT TO  THIS
 TITLE  TO  A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE PREMISES FOR
 WHICH NO CERTIFICATE OF ABATEMENT  HAS  BEEN  ISSUED  PURSUANT  TO  THIS
 TITLE.  A  LANDLORD  SHALL  NOT  BE REQUIRED TO REDUCE THE REAL PROPERTY
 TAXES OR ANY RENT  (INCLUDING  ADDITIONAL  RENT)  PAYABLE  BY  EXPANSION
 TENANTS,  NEW  TENANTS AND RENEWAL TENANTS BY AN AMOUNT THAT EXCEEDS THE
 FULL AMOUNT OF THE ABATEMENT GRANTED PURSUANT TO THIS TITLE, BUT A LAND-
 LORD SHALL BE REQUIRED TO REDUCE THE REAL PROPERTY  TAXES  OR  ANY  RENT
 (INCLUDING  ADDITIONAL  RENT)  PAYABLE BY EXPANSION TENANTS, NEW TENANTS
 AND RENEWAL TENANTS BY AN AMOUNT THAT, IN THE AGGREGATE, EQUALS THE FULL
 AMOUNT OF THE ABATEMENT GRANTED PURSUANT TO THIS TITLE.  SUCH  REDUCTION
 SHALL  BE  ALLOCATED  IN  ACCORDANCE  WITH THE ABATEMENT GRANTED FOR THE
 ELIGIBLE PREMISES OCCUPIED BY EACH SUCH TENANT.
   § 497-B. ELIGIBILITY REQUIREMENTS. 1. NO ABATEMENT  SHALL  BE  GRANTED
 PURSUANT  TO  THIS  TITLE  UNLESS  THE  LANDLORD ENTERS INTO A LEASE FOR
 ELIGIBLE PREMISES  WITH  A  TENANT  OR  RENEWAL  TENANT  AND  THE  LEASE
 COMMENCEMENT DATE IS WITHIN THE ELIGIBILITY PERIOD.
   2.  NO  ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF AN APPLI-
 CANT SHALL FAIL TO MEET ANY OF THE REQUIREMENTS  OF  THIS  TITLE  WITHIN
 SIXTY DAYS OF THE RENT COMMENCEMENT DATE.
   3. FOR PURPOSES OF THIS TITLE, THE EXPIRATION DATE OF A LEASE SHALL BE
 DETERMINED  BY  THE  EXPIRATION  DATE  SET  FORTH IN SUCH LEASE, WITHOUT
 GIVING EFFECT TO ANY RIGHTS OF THE LANDLORD OR THE TENANT  TO  TERMINATE
 SUCH LEASE PRIOR TO THE EXPIRATION DATE SET FORTH IN SUCH LEASE.
   4.  THE  LEASE  FOR  THE ELIGIBLE PREMISES SHALL CONTAIN THE FOLLOWING
 PROVISIONS:
   (A) A STATEMENT OF THE TENANT'S PERCENTAGE SHARE;
   (B) A STATEMENT INFORMING THE TENANT IN  AT  LEAST  TWELVE-POINT  TYPE
 THAT:
   (1)  AN  APPLICATION  FOR ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO
 THIS TITLE WILL BE MADE FOR THE PREMISES;
   (2) THE RENT, INCLUDING AMOUNTS  PAYABLE  BY  THE  TENANT  OR  RENEWAL
 TENANT FOR REAL PROPERTY TAXES, WILL ACCURATELY REFLECT ANY ABATEMENT OF
 REAL PROPERTY TAXES GRANTED PURSUANT TO THIS TITLE FOR THE PREMISES; AND
   (3) ALL ABATEMENTS GRANTED WITH RESPECT TO A BUILDING PURSUANT TO THIS
 TITLE  WILL  BE REVOKED IF, DURING THE BENEFIT PERIOD, REAL ESTATE TAXES
 OR WATER OR SEWER CHARGES OR OTHER LIENABLE CHARGES ARE UNPAID FOR  MORE
 THAN  ONE  YEAR,  UNLESS SUCH DELINQUENT AMOUNTS ARE PAID AS PROVIDED IN
 SUBDIVISION FOUR OF SECTION FOUR HUNDRED NINETY-SEVEN-E OF THIS TITLE.
   5. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF:
   (A) THE LEASE FOR THE  ELIGIBLE  PREMISES  PROVIDES  THAT  DURING  THE
 INITIAL  LEASE  TERM  REQUIRED BY SUBDIVISION ONE OF THIS SECTION EITHER
 THE LANDLORD OR THE TENANT OR RENEWAL TENANT MAY  TERMINATE  SUCH  LEASE

 S. 8052                             6

 PRIOR  TO  THE  EXPIRATION  DATE  OF  SUCH  REQUIRED INITIAL LEASE TERM;
 PROVIDED THAT SUCH LEASE MAY PROVIDE THAT EITHER  THE  LANDLORD  OR  THE
 TENANT MAY TERMINATE SUCH LEASE IF:
   (1)  THE  OTHER PARTY IS IN DEFAULT OF ANY OF SUCH PARTY'S OBLIGATIONS
 UNDER THE LEASE,
   (2) THE ELIGIBLE PREMISES ARE DAMAGED OR DESTROYED BY  FIRE  OR  OTHER
 CASUALTY,
   (3)  THE  ELIGIBLE  PREMISES  ARE RENDERED UNUSABLE FOR ANY REASON NOT
 ATTRIBUTABLE TO ANY ACT OR FAILURE TO ACT OF EITHER TENANT OR  LANDLORD,
 OR
   (4) THE ELIGIBLE PREMISES ARE ACQUIRED BY EMINENT DOMAIN; AND
   (B)  THERE  ARE  REAL  PROPERTY TAXES, WATER OR SEWER CHARGES OR OTHER
 LIENABLE CHARGES CURRENTLY DUE AND OWING ON THE ELIGIBLE BUILDING  WHICH
 IS  THE  SUBJECT OF AN APPLICATION FOR ABATEMENT PURSUANT TO THIS TITLE,
 UNLESS SUCH REAL PROPERTY TAXES OR CHARGES ARE CURRENTLY BEING  PAID  IN
 TIMELY  INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT
 OF FINANCE OR OTHER APPROPRIATE AGENCY.
   6. NO ABATEMENT SHALL BE GRANTED PURSUANT TO  THIS  TITLE  UNLESS  THE
 APPLICANT  SHALL  FILE,  TOGETHER  WITH  THE  APPLICATION,  AN AFFIDAVIT
 SETTING FORTH THE FOLLOWING INFORMATION:
   (A) A STATEMENT THAT WITHIN THE SEVEN YEARS IMMEDIATELY PRECEDING  THE
 DATE  OF  APPLICATION FOR A CERTIFICATE OF ABATEMENT, NEITHER THE APPLI-
 CANT NOR ANY PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILD-
 ING AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION,  NOR  ANY  OFFICER,
 DIRECTOR  OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON WAS FINALLY
 ADJUDICATED BY A  COURT  OF  COMPETENT  JURISDICTION  TO  HAVE  VIOLATED
 SECTION  TWO HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY SECTION
 OF ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR  ARSON  LAW
 OF ANOTHER JURISDICTION WITH RESPECT TO ANY BUILDING, OR WAS AN OFFICER,
 DIRECTOR  OR  GENERAL  PARTNER  OF  A PERSON AT THE TIME SUCH PERSON WAS
 FINALLY ADJUDICATED TO HAVE VIOLATED ANY SUCH LAW; AND
   (B) A STATEMENT SETTING FORTH ANY PENDING CHARGES  ALLEGING  VIOLATION
 OF  SECTION  TWO  HUNDRED  THIRTY-FIVE  OF  THE REAL PROPERTY LAW OR ANY
 SECTION OF ARTICLE ONE HUNDRED FIFTY OF THE PENAL  LAW  OR  ANY  SIMILAR
 ARSON  LAW  OF  ANOTHER JURISDICTION WITH RESPECT TO ANY BUILDING BY THE
 APPLICANT OR ANY PERSON OWNING A SUBSTANTIAL INTEREST  IN  THE  ELIGIBLE
 BUILDING  AS  DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, OR ANY OFFI-
 CER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON, OR ANY
 PERSON FOR WHOM THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST IN
 THE ELIGIBLE BUILDING IS AN OFFICER, DIRECTOR OR GENERAL PARTNER.
   (C) FOR PURPOSES OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF  SECTION
 FOUR  HUNDRED NINETY-SEVEN-E OF THIS TITLE, "SUBSTANTIAL INTEREST" SHALL
 MEAN OWNERSHIP AND CONTROL OF AN INTEREST OF TEN PER CENTUM OR  MORE  IN
 THE ELIGIBLE BUILDING OR IN ANY PERSON OWNING THE ELIGIBLE BUILDING.
   § 497-C. APPLICATION FOR CERTIFICATE OF ABATEMENT. 1.  APPLICATION FOR
 A  CERTIFICATE  OF  ABATEMENT  MAY  BE MADE ON OR AFTER APRIL FIRST, TWO
 THOUSAND NINETEEN AND UNTIL SIXTY DAYS AFTER THE END OF THE  ELIGIBILITY
 PERIOD,  AND SHALL BE FILED WITH THE DEPARTMENT OF FINANCE.  NO APPLICA-
 TION MAY BE FILED PRIOR TO THE DATE ON WHICH THE LEASE FOR THE  ELIGIBLE
 PREMISES IS EXECUTED BY THE LANDLORD AND TENANT.
   2.  NO  ABATEMENT  PURSUANT  TO THIS TITLE SHALL BE GRANTED UNLESS THE
 APPLICANT FILES AN APPLICATION FOR A  CERTIFICATE  OF  ABATEMENT  WITHIN
 SIXTY  DAYS  FOLLOWING  THE LEASE COMMENCEMENT DATE OR WITHIN SIXTY DAYS
 FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, WHICHEVER IS LATER.
   3. IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT  OF
 FINANCE, THE APPLICATION FOR A CERTIFICATE OF ABATEMENT SHALL INCLUDE AN

 S. 8052                             7
 
 ABSTRACT  OF  THE LEASE FOR THE ELIGIBLE PREMISES FOR WHICH AN ABATEMENT
 IS BEING SOUGHT WHICH ABSTRACT IS SIGNED BY THE LANDLORD AND THE TENANT.
 SUCH ABSTRACT SHALL INCLUDE THE TENANT'S  PERCENTAGE  SHARE,  THE  LEASE
 COMMENCEMENT  DATE,  THE RENT COMMENCEMENT DATE, THE EXPIRATION DATE FOR
 SUCH LEASE AND A DESCRIPTION OF THE  IMPROVEMENTS  TO  BE  MADE  TO  THE
 ELIGIBLE PREMISES AND THE COMMON AREAS OF THE ELIGIBLE BUILDING, INCLUD-
 ING THE ESTIMATED VALUE OF SUCH IMPROVEMENTS.
   4.  THE  DEPARTMENT  OF FINANCE SHALL ISSUE A CERTIFICATE OF ABATEMENT
 UPON DETERMINING THAT THE APPLICANT HAS SUBMITTED  PROOF  ACCEPTABLE  TO
 THE  DEPARTMENT  OF  FINANCE THAT THE APPLICANT HAS MET THE REQUIREMENTS
 SET FORTH IN THIS TITLE.
   5. THE BURDEN OF PROOF SHALL BE ON THE APPLICANT TO SHOW BY CLEAR  AND
 CONVINCING  EVIDENCE THAT THE REQUIREMENTS FOR GRANTING A CERTIFICATE OF
 ABATEMENT HAVE BEEN SATISFIED. THE DEPARTMENT OF FINANCE SHALL HAVE  THE
 AUTHORITY TO REQUIRE THAT STATEMENTS IN CONNECTION WITH SUCH APPLICATION
 BE MADE UNDER OATH.
   6. THE DEPARTMENT OF FINANCE MAY PROVIDE BY RULE FOR REASONABLE ADMIN-
 ISTRATIVE  CHARGES OR FEES NECESSARY TO DEFRAY EXPENSES IN ADMINISTERING
 THE ABATEMENT PROGRAM PROVIDED BY THIS TITLE.
   § 497-D. ENFORCEMENT AND ADMINISTRATION.  THE  DEPARTMENT  OF  FINANCE
 SHALL  HAVE, IN ADDITION TO ANY OTHER FUNCTIONS, POWERS AND DUTIES WHICH
 HAVE BEEN OR MAY BE CONFERRED ON IT BY  LAW,  THE  FOLLOWING  FUNCTIONS,
 POWERS AND DUTIES:
   1.  TO  RECEIVE  AND REVIEW APPLICATIONS FOR CERTIFICATES OF ABATEMENT
 UNDER THIS TITLE AND ISSUE SUCH CERTIFICATES WHERE  AUTHORIZED  PURSUANT
 TO THIS TITLE.
   2. TO RECEIVE EVIDENCE OF PREMISES AND BUILDING ELIGIBILITY.
   3.  TO  RECEIVE ALL CERTIFICATES OF CONTINUING ELIGIBILITY REQUIRED BY
 SECTION FOUR HUNDRED NINETY-SEVEN-E OF THIS TITLE.
   4. TO COLLECT ALL REAL PROPERTY TAXES, WITH INTEREST AND PENALTY,  DUE
 AND  OWING  AS  A  RESULT OF REDUCTION, TERMINATION OR REVOCATION OF ANY
 ABATEMENT GRANTED PURSUANT TO THIS TITLE.
   5. TO MAKE AND PROMULGATE RULES TO CARRY  OUT  THE  PURPOSES  OF  THIS
 TITLE.
   § 497-E. REPORTING REQUIREMENTS; REVOCATION OF ABATEMENTS. 1.  FOR THE
 DURATION  OF  THE  APPLICANT'S  BENEFIT PERIOD, THE APPLICANT SHALL FILE
 ANNUALLY WITH THE DEPARTMENT OF FINANCE, ON OR  BEFORE  APRIL  FIRST  OF
 EACH  YEAR,  A CERTIFICATE OF CONTINUING ELIGIBILITY CONFIRMING THAT THE
 ELIGIBLE PREMISES ARE OCCUPIED BY THE TENANT WHO ORIGINALLY EXECUTED THE
 LEASE AND THAT THE ELIGIBLE PREMISES ARE BEING  USED  FOR  THE  PURPOSES
 DESCRIBED IN THE APPLICATION. SUCH CERTIFICATE OF CONTINUING ELIGIBILITY
 SHALL  BE  ON  A  FORM PRESCRIBED BY THE DEPARTMENT OF FINANCE AND SHALL
 CONTAIN SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT OF  FINANCE  SHALL
 REQUIRE. THE DEPARTMENT OF FINANCE SHALL HAVE THE AUTHORITY TO DETERMINE
 THE  ABATEMENTS GRANTED PURSUANT TO THIS TITLE UPON FAILURE OF AN APPLI-
 CANT TO FILE SUCH CERTIFICATE BY SUCH DATE. THE BURDEN OF PROOF SHALL BE
 ON THE APPLICANT TO ESTABLISH CONTINUING ELIGIBILITY  FOR  BENEFITS  AND
 THE  DEPARTMENT  OF  FINANCE  SHALL  HAVE  THE AUTHORITY TO REQUIRE THAT
 STATEMENTS MADE IN SUCH CERTIFICATE SHALL BE MADE UNDER OATH.
   2. THE DEPARTMENT OF FINANCE SHALL REVOKE ANY ABATEMENT GRANTED PURSU-
 ANT TO THIS TITLE WHEN THE TENANT WHO ORIGINALLY EXECUTED THE  LEASE  IS
 NO  LONGER  OCCUPYING  THE  ELIGIBLE  PREMISES. SUCH REVOCATION SHALL BE
 RETROACTIVE TO THE DATE THAT SUCH TENANT VACATED THE  ELIGIBLE  PREMISES
 AND  THE  DEPARTMENT  OF FINANCE SHALL REQUIRE THE LANDLORD TO PAY, WITH
 INTEREST, ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH REVOCATION.
 THE LANDLORD SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN  THIRTY  DAYS

 S. 8052                             8
 
 FOLLOWING  THE  DATE  ON WHICH SUCH TENANT VACATED THE ELIGIBLE PREMISES
 AND, FOR FAILURE TO COMPLY WITH THIS NOTIFICATION REQUIREMENT, SHALL  BE
 LIABLE  FOR PENALTY CALCULATED FOR THE SAME PERIOD AS INTEREST IS CALCU-
 LATED PURSUANT TO THE PRECEDING SENTENCE.
   3.  IF  ANY  PORTION  OF  THE PREMISES FOR WHICH AN ABATEMENT HAS BEEN
 GRANTED PURSUANT TO THIS TITLE CEASES TO BE OCCUPIED OR USED AS ELIGIBLE
 PREMISES OR IS OCCUPIED BY A SUBTENANT, THE DEPARTMENT OF FINANCE  SHALL
 REDUCE  THE  ABATEMENT GRANTED PURSUANT TO THIS TITLE BY AN AMOUNT EQUAL
 TO THE PERCENTAGE OF SUCH ELIGIBLE PREMISES WHICH HAS CEASED TO BE OCCU-
 PIED OR USED AS ELIGIBLE PREMISES OR IS OCCUPIED BY  A  SUBTENANT.  SUCH
 REDUCTION  SHALL BE RETROACTIVE TO THE DATE THAT SUCH PREMISES CEASED TO
 BE OCCUPIED OR USED AS ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT,
 AND THE DEPARTMENT OF FINANCE SHALL REQUIRE THE LANDLORD  TO  PAY,  WITH
 INTEREST,  ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH REDUCTION.
 THE LANDLORD SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN  THIRTY  DAYS
 FOLLOWING  THE  DATE ON WHICH THE PREMISES CEASED TO BE OCCUPIED OR USED
 AS ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT AND, FOR FAILURE  TO
 COMPLY  WITH  THIS NOTIFICATION REQUIREMENT, SHALL BE LIABLE FOR PENALTY
 CALCULATED FOR THE SAME PERIOD AS INTEREST  IS  CALCULATED  PURSUANT  TO
 THIS SUBDIVISION.
   4.  IF,  DURING  THE BENEFIT PERIOD, ANY REAL PROPERTY TAX OR WATER OR
 SEWER CHARGE OR OTHER LIENABLE CHARGE DUE AND PAYABLE WITH RESPECT TO AN
 ELIGIBLE BUILDING SHALL REMAIN UNPAID FOR AT LEAST  ONE  YEAR  FOLLOWING
 THE  DATE  UPON  WHICH  SUCH  TAX  OR CHARGE BECAME DUE AND PAYABLE, ALL
 ABATEMENTS GRANTED PURSUANT TO THIS TITLE WITH RESPECT TO SUCH  BUILDING
 SHALL BE REVOKED, UNLESS WITHIN THIRTY DAYS FROM THE MAILING OF A NOTICE
 OF  REVOCATION  BY  THE  DEPARTMENT  OF  FINANCE  SATISFACTORY  PROOF IS
 PRESENTED TO THE DEPARTMENT OF FINANCE THAT ANY AND ALL DELINQUENT TAXES
 AND CHARGES OWING WITH RESPECT TO SUCH BUILDING AS OF THE DATE  OF  SUCH
 NOTICE  HAVE  BEEN  PAID  IN  FULL OR ARE CURRENTLY BEING PAID IN TIMELY
 INSTALLMENTS PURSUANT TO A WRITTEN  AGREEMENT  WITH  THE  DEPARTMENT  OF
 FINANCE  OR  OTHER  APPROPRIATE  AGENCY. ANY REVOCATION PURSUANT TO THIS
 SUBDIVISION SHALL BE EFFECTIVE WITH RESPECT TO REAL PROPERTY TAXES WHICH
 BECOME DUE AND PAYABLE FOLLOWING THE DATE OF SUCH REVOCATION.
   5. THE DEPARTMENT OF FINANCE MAY DENY, REDUCE, SUSPEND,  TERMINATE  OR
 REVOKE ANY ABATEMENT GRANTED PURSUANT TO THIS TITLE WHENEVER:
   (A)  THE  LANDLORD  OR THE TENANT RECEIVING ABATEMENT PURSUANT TO THIS
 TITLE FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE OR  THE  RULES
 PROMULGATED HEREUNDER; OR
   (B) AN APPLICATION, CERTIFICATE, REPORT OR OTHER DOCUMENT SUBMITTED BY
 THE  APPLICANT CONTAINS A FALSE OR MISLEADING STATEMENT AS TO A MATERIAL
 FACT OR OMITS TO STATE ANY MATERIAL FACT NECESSARY IN ORDER TO MAKE  THE
 STATEMENT THEREIN NOT FALSE OR MISLEADING, AND MAY DECLARE ANY APPLICANT
 WHO  MAKES SUCH FALSE OR MISLEADING STATEMENT OR OMISSION TO BE INELIGI-
 BLE FOR FUTURE ABATEMENT PURSUANT TO THIS TITLE FOR THE  SAME  OR  OTHER
 PROPERTY.  IN  ADDITION,  THE  DEPARTMENT  OF  FINANCE SHALL REQUIRE THE
 APPLICANT TO PAY, WITH PENALTY  AND  INTEREST,  ANY  ABATEMENT  RECEIVED
 PURSUANT TO THIS TITLE AS A RESULT OF SUCH FALSE OR MISLEADING STATEMENT
 OR OMISSION OF A MATERIAL FACT.
   6.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS TITLE, THE DEPARTMENT
 OF FINANCE SHALL DENY, TERMINATE OR REVOKE ANY ABATEMENT APPLIED FOR  OR
 GRANTED  PURSUANT  TO  THIS  TITLE  UPON  A DETERMINATION THAT THE LEASE
 BETWEEN THE LANDLORD AND THE TENANT WAS ENTERED INTO PRIMARILY  FOR  THE
 PURPOSE  OF  RECEIVING  AN  ABATEMENT  UNDER  THIS TITLE. IN MAKING SUCH
 DETERMINATION, THE DEPARTMENT  OF  FINANCE  MAY  CONSIDER,  AMONG  OTHER
 FACTORS,  THE  RELATIONSHIP, IF ANY, BETWEEN THE LANDLORD AND THE TENANT

 S. 8052                             9

 AND WHETHER THE BUSINESS TERMS OF SUCH LEASE  ARE  CONSISTENT  WITH  THE
 BUSINESS TERMS GENERALLY FOUND IN LEASES FOR COMPARABLE SPACE.
   7.  (A) IF ANY PERSON DESCRIBED IN THE STATEMENT REQUIRED BY PARAGRAPH
 (B) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED  NINETY-SEVEN-B  OF  THIS
 TITLE  IS FINALLY ADJUDICATED BY A COURT OF COMPETENT JURISDICTION TO BE
 GUILTY OF ANY CHARGE LISTED IN SUCH STATEMENT, THE DEPARTMENT OF FINANCE
 SHALL REVOKE THE ABATEMENT GRANTED PURSUANT  TO  THIS  TITLE  AND  SHALL
 REQUIRE  THE  PAYMENT, WITH INTEREST, OF ANY ABATEMENT RECEIVED PURSUANT
 TO THIS TITLE.
   (B) THE APPLICANT SHALL, ON THE CERTIFICATE OF CONTINUING ELIGIBILITY,
 STATE WHETHER ANY CHARGES ALLEGING VIOLATION BY  THE  APPLICANT  OR  ANY
 PERSON  OWNING  A  SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING, OR ANY
 OFFICER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR PERSON OWNING A
 SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING, OR ANY  PERSON  FOR  WHOM
 THE  APPLICANT  OR  PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE
 BUILDING IS AN OFFICER, DIRECTOR OR  GENERAL  PARTNER,  OF  SECTION  TWO
 HUNDRED  THIRTY-FIVE  OF THE REAL PROPERTY LAW OR ANY SECTION OF ARTICLE
 ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW  OF  ANOTHER
 JURISDICTION,  ARE PENDING. FOR PURPOSES OF THIS PARAGRAPH, "SUBSTANTIAL
 INTEREST" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH  (C)  OF
 SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-SEVEN-B OF THIS TITLE.
   § 497-F. TAX  LIEN;  INTEREST  AND  PENALTY. ALL TAXES, WITH INTEREST,
 REQUIRED TO BE PAID RETROACTIVELY PURSUANT TO THIS TITLE  SHALL  CONSTI-
 TUTE  A TAX LIEN AS OF THE DATE IT IS DETERMINED SUCH TAXES AND INTEREST
 ARE OWED. ALL INTEREST SHALL BE CALCULATED FROM THE DATE THE TAXES WOULD
 HAVE BEEN DUE BUT FOR THE ABATEMENT GRANTED PURSUANT TO  THIS  TITLE  AT
 THE  APPLICABLE RATE OR RATES OF INTEREST IMPOSED BY SUCH CITY GENERALLY
 FOR NON-PAYMENT OF REAL PROPERTY TAX WITH RESPECT TO THE ELIGIBLE BUILD-
 ING FOR THE PERIOD IN QUESTION. WHEN A PROVISION OF THIS TITLE  REQUIRES
 THE  PAYMENT  OF  A  PENALTY IN ADDITION TO INTEREST, THE AMOUNT OF SUCH
 PENALTY SHALL BE EQUAL TO THE AMOUNT OF INTEREST THAT  WOULD  HAVE  BEEN
 PAYABLE  PURSUANT TO SUCH PROVISION HAD SUCH INTEREST BEEN CALCULATED AT
 THE RATE OF THREE PERCENT PER ANNUM.
   § 6. Section 100 of the economic development law is amended by  adding
 a new subdivision 48 to read as follows:
   48.  TO,  IN  CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT
 CORPORATION, IDENTIFY STATE OWNED PROPERTY IN  MANHATTAN  WHICH  MAY  BE
 USED  AS  TEMPORARY  SHOWROOMS  FOR BUSINESSES AFFECTED BY THE TEMPORARY
 CLOSURE OF THE L SUBWAY LINE FOR  REPAIRS,  WHO  HAVE  CLIENTS  WHO  ARE
 UNABLE TO TRAVEL TO NORTH BROOKLYN BECAUSE OF SUCH TEMPORARY CLOSURE.
   § 7. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8052--A
 
                             I N  S E N A T E
 
                              March 22, 2018
                                ___________
 
 Introduced  by  Sens. KAVANAGH, DILAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the public authorities law and the vehicle and traffics
   law, in relation to mitigating the closure of the L subway line in the
   city of New York; and providing for the repeal of such provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent. The L subway line is of vital impor-
 tance to commuters, the  local  community,  and  businesses  within  the
 service  area of the line. Hundreds of thousands of New Yorkers ride the
 line on a daily basis, and such ridership volume  is  essential  to  the
 economic  vitality of nearby businesses. Officials from the metropolitan
 transportation authority (MTA) have indicated that  portions  of  the  L
 subway  line  will  be  temporarily  closed for repair work beginning in
 April of 2019. The closure is anticipated to  last  fifteen  months  and
 affect  all  L  subway line stations west of, and including, the Bedford
 Avenue and 1st Avenue Station. The temporary closure  of  the  L  subway
 line  will cause individual and economic hardships for those who rely on
 the line for transportation  and  economic  opportunities.    Currently,
 there  is no statutory requirement that would mandate the MTA to develop
 a plan to address the impacts of such a closure, allow for public  feed-
 back,  and  provide  the  plan to the community. It is the intent of the
 legislature that there be a legal requirement for the  MTA  to  consider
 and address all of the impacts of such a significant closure and provide
 a plan to the public in a timely manner. Such plan shall require the MTA
 to  address timelines involved with the proposed closure, transportation
 alternatives to accommodate  diverted  riders,  transportation  facility
 improvements and expansion, the authority to utilize bus lane cameras to
 facilitate  alternative  forms of transportation, and provide for public
 input throughout the planning process and the  L  subway  line  closure.
 Public  notice  and  involvement  throughout the process is essential so
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14751-04-8

 S. 8052--A                          2
 
 that everyday riders are able to adjust their commuting habits and busi-
 nesses are able to adapt to such a change as a result  of  the  closure.
 The legislature hereby finds and declares that the L subway line closure
 and its impacts are a significant concern. The legislature further finds
 and declares that the MTA shall be required to have a plan, prior to the
 L  subway line closure, that would mitigate the effects of, and accommo-
 date those affected by, the closure. Finally, the legislature finds  and
 declares  that  such plan shall provide for public input and be provided
 to the community.
   § 2. The public authorities law is amended by  adding  a  new  section
 1279-e to read as follows:
   §  1279-E. L SUBWAY LINE CLOSURE MITIGATION PLAN. 1. THE AUTHORITY, IN
 CONSULTATION WITH THE NEW YORK CITY DEPARTMENT  OF  TRANSPORTATION,  THE
 NEW  YORK  CITY ECONOMIC DEVELOPMENT CORPORATION, THE PERMANENT CITIZENS
 ADVISORY COMMITTEE TO THE AUTHORITY AND ANY OTHER ENTITY  THE  AUTHORITY
 DEEMS  RELEVANT,  SHALL  DEVELOP  A  PLAN TO MITIGATE THE INDIVIDUAL AND
 ECONOMIC HARDSHIPS DUE TO THE L SUBWAY LINE  CLOSURE.  SUCH  PLAN  SHALL
 INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
   (A)  AN  ANTICIPATED TIMELINE FOR THE L SUBWAY LINE CLOSURE, INCLUDING
 THE ANTICIPATED START TIME AND DATE FOR THE CLOSURE AND THE  ANTICIPATED
 END TIME AND DATE FOR THE CLOSURE;
   (B)  AN  ANALYSIS OF THE ANTICIPATED INCREASE IN RIDERSHIP ON ALTERNA-
 TIVE ROUTES, INCLUDING BUT  NOT  LIMITED  TO,  ALTERNATIVE  BUS  ROUTES,
 ALTERNATIVE SUBWAY ROUTES AND ALL OTHER FORMS OF ALTERNATIVE TRANSPORTA-
 TION  UTILIZED  TO  ACCOMMODATE  DIVERTED  L-RIDERS AS A RESULT OF THE L
 SUBWAY LINE CLOSURE;
   (C) IDENTIFICATION OF THE SPECIFIC CORRIDORS AND  RELATED  TRANSPORTA-
 TION  MODES  THAT  WILL  BE  IMPACTED AND DISRUPTED BY THE L SUBWAY LINE
 CLOSURE;
   (D) IDENTIFICATION OF THE SPECIFIC IMPACTS AND DISRUPTIONS  CAUSED  BY
 THE  L  SUBWAY LINE CLOSURE AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED
 TRANSPORTATION MODES TO ACCOMMODATE DIVERTED L-RIDERS;
   (E) IDENTIFICATION OF SPECIFIC MITIGATION MEASURES TO LESSEN THE IDEN-
 TIFIED AND ANTICIPATED IMPACTS AND DISRUPTIONS  AT  ALTERNATIVE  ROUTES,
 CORRIDORS AND RELATED TRANSPORTATION MODES;
   (F)  IDENTIFICATION  OF SURFACE AND SUBWAY TRANSPORTATION IMPROVEMENTS
 AND RESTRICTIONS TO PREPARE FOR THE DISRUPTION  AND  IMPACTS  OF  THE  L
 SUBWAY LINE CLOSURE;
   (G)  A  DETERMINATION  OF  THE  TIMING  AND  SCOPE  OF EACH INDIVIDUAL
 IMPROVEMENT AND RESTRICTION TO SURFACE AND SUBWAY TRANSPORTATION;
   (H) COMMENCEMENT, ADVERTISEMENT AND  PUBLICATION  OF  PUBLIC  HEARINGS
 BEFORE, DURING AND AFTER THE CLOSURE OF THE L SUBWAY LINE;
   (I)  AN  EXTENSIVE COMMUNITY OUTREACH PROCESS BEFORE, DURING AND AFTER
 THE L SUBWAY LINE CLOSURE;
   (J) ADDITIONAL STATION TURNSTILE, STAIR AND CONTROL AREA CAPACITY  AND
 SERVICE  AT  THE  NUMEROUS  STATIONS  ON THE ALTERNATIVE SUBWAY LINES TO
 ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (K) ADDITIONAL L-ALTERNATIVE SUBWAY LINE SERVICE AND CAPACITY ON WEEK-
 ENDS AND OVERNIGHTS;
   (L) SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS  A  RESULT
 OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA;
   (M)  FREE  TRANSFERS  FOR  FERRY,  BUS AND SUBWAY LINES TO ACCOMMODATE
 DIVERTED PASSENGERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (N) INCREASED FERRY  CAPACITY  AND  SERVICE  CONNECTING  BROOKLYN  AND
 MANHATTAN  TO  ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY
 LINE CLOSURE;

 S. 8052--A                          3
 
   (O) INCREASED BUS SERVICE AND CAPACITY TO ACCOMMODATE DIVERTED  L-RID-
 ERS  AS  A  RESULT OF THE L SUBWAY LINE CLOSURE WITHIN THE L SUBWAY LINE
 CLOSURE AREA;
   (P)  INCREASED  SUBWAY  SERVICE  AND  CAPACITY  ON L ALTERNATIVE ROUTE
 SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS  AS  A  RESULT  OF  THE  L
 SUBWAY LINE CLOSURE;
   (Q)  IDENTIFICATION  OF  SUBWAY  STATION IMPROVEMENTS AT L-ALTERNATIVE
 ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L
 SUBWAY LINE CLOSURE;
   (R) FARE PARITY BETWEEN FERRY,  BUS  AND  SUBWAY  LINES  FOR  DIVERTED
 L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (S) CONTRACT INCENTIVES AND PENALTIES FOR THE CONTRACTORS TO ENCOURAGE
 THE  COMPLETION  OF  THE  L  SUBWAY  LINE CLOSURE PROJECT WITHIN FIFTEEN
 MONTHS;
   (T) THE IMPLEMENTATION OF BUS LANES IN ORDER TO MOVE BUSES QUICKLY AND
 NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS  A  RESULT
 OF THE L SUBWAY LINE CLOSURE;
   (U)   THE   IMPLEMENTATION   OF   HIGH   OCCUPANCY  VEHICLE(HOV)  LANE
 RESTRICTIONS IN ORDER TO MOVE HIGH OCCUPANCY VEHICLES  QUICKLY  AND  NOT
 ADD  TO  CONGESTION  AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;
   (V) THE IDENTIFICATION OF APPROPRIATE PLACEMENT OF HOV LANES  THROUGH-
 OUT  THE  IMPACTED  AREA TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;
   (W) DETERMINATION AND EVALUATION ENFORCEMENT MEASURES OF HOV LANES;
   (X) THE PERIODIC REVIEW OF THE EFFECTIVENESS OF HOV LANES;
   (Y) ANALYSIS OF THE IMPACT OF THE WILLIAMSBURG BRIDGE RESTRICTIONS  ON
 THE OTHER EAST RIVER CROSSINGS;
   (Z)  MITIGATION  OF AN OUTSIZED SHIFT OF DIVERTED L-RIDERS TO FOR-HIRE
 VEHICLES THAT COULD LEAD TO MASSIVE CONGESTION AT EAST RIVER CROSSINGS;
   (AA) DEVELOPMENT OF  ROBUST  PLANS  FOR  BICYCLE  USE  TO  ACCOMMODATE
 DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (BB)  EXPANDED  ACCESS  TO  PEDESTRIANS, BUS RIDERS AND CYCLISTS ALONG
 L-ALTERNATIVE ROUTE TRANSPORTATION CORRIDORS TO ENSURE QUICK  AND  EFFI-
 CIENT  MOVEMENT  FOR  DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE;
   (CC) RUSH HOUR RESTRICTIONS TO ASSIST BUSES IN TRAVELING  ALONG  L-AL-
 TERNATIVE  TRANSPORTATION  ROUTES  TO ACCOMMODATE DIVERTED L-RIDERS AS A
 RESULT OF THE L SUBWAY LINE CLOSURE;
   (DD) BUS LANES TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNATIVE TRANS-
 PORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF  THE  L
 SUBWAY LINE CLOSURE;
   (EE)  SELECT BUS SERVICE TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNA-
 TIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A  RESULT
 OF THE L SUBWAY LINE CLOSURE;
   (FF)  UPGRADING  OF SELECT BUS SERVICE TO ASSIST BUSES TRAVELING ALONG
 L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS  AS
 A RESULT OF THE L SUBWAY LINE CLOSURE;
   (GG) TEMPORARY BUS BULBS TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE
 TRANSPORTATION  ROUTES  TO  ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;
   (HH) OFFSET BUS LINES TO ASSIST BUSES  TRAVELING  ALONG  L-ALTERNATIVE
 TRANSPORTATION  ROUTES  TO  ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;

 S. 8052--A                          4
 
   (II) SIDEWALK EXPANSION ALONG THE L-ALTERNATIVE TRANSPORTATION  ROUTES
 TO  ACCOMMODATE  DIVERTED  L-RIDERS  AS  A  RESULT  OF THE L SUBWAY LINE
 CLOSURE;
   (JJ)  NEW  PEDESTRIAN  SPACE  ALONG  THE  L-ALTERNATIVE TRANSPORTATION
 ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE;
   (KK) AN ANALYSIS AND DETERMINATION OF  THE  IMPACT  ON  DAILY  CYCLING
 VOLUME  ALONG  THE  L-ALTERNATIVE  TRANSPORTATION  ROUTES TO ACCOMMODATE
 DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (LL) TWO-WAY PROTECTED CROSSTOWN BIKE  LANE  TO  ACCOMMODATE  DIVERTED
 L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (MM)  PEDESTRIANIZED STREET FEATURES ALONG THE L-ALTERNATIVE TRANSPOR-
 TATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS  A  RESULT  OF  THE  L
 SUBWAY LINE CLOSURE;
   (NN)  NEW  BIKE  PARKING  HUBS  ALONG THE L-ALTERNATIVE TRANSPORTATION
 ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE;
   (OO) NEW FERRY ROUTES ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO
 ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (PP) INCREASED SERVICES AND  CAPACITY  FOR  COMMUNITY  BICYCLE-SHARING
 PROGRAMS  TO  ACCOMMODATE  DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY
 LINE CLOSURE;
   (QQ) IDENTIFICATION AND IMPLEMENTATION OF THE PLACEMENT OF  ADDITIONAL
 CROSSWALKS  ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE
 DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (RR) ADDITIONAL BICYCLE PARKING ALONG THE L-ALTERNATIVE TRANSPORTATION
 ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE; AND
   (SS) THE PERIODIC BRIEFING OF ELECTED OFFICIALS ON THE STATUS  OF  THE
 SUBWAY LINE CLOSURE BEFORE, DURING AND AFTER THE CLOSURE.
   2.  IN  DEVELOPING  THE  PLAN  REFERENCED  IN  SUBDIVISION ONE OF THIS
 SECTION, THE AUTHORITY SHALL CONSIDER BUT NOT BE LIMITED TO THE  FOLLOW-
 ING ACTIONS AND MEASURES FOR INCLUSION IN SAID PLAN:
   (A) DISCOUNTED ADVERTISING ON ALL AUTHORITY ADVERTISING MEDIUMS WITHIN
 THE L SUBWAY LINE CLOSURE AREA;
   (B)  SIGNAGE  WITHIN THE L SUBWAY LINE CLOSURE AREA IN THE VICINITY OF
 ABOVE-GROUND WORK SITES WHICH STATE THAT NEARBY BUSINESSES ARE OPEN;
   (C) THE COMMISSIONING OF PUBLIC ART  TO  BE  INSTALLED  WITHIN  THE  L
 SUBWAY  LINE  CLOSURE AREA FOR THE PURPOSE OF DRAWING VISITORS TO NEIGH-
 BORHOODS IN THE L SUBWAY LINE CLOSURE AREA;
   (D) A FREE OR REDUCED FARE SHUTTLE BUS SERVICE FOR DIVERTED PASSENGERS
 IN THE L SUBWAY LINE CLOSURE AREA;
   (E) METHODS TO ENCOURAGE THE PATRONAGE  OF  BUSINESSES  WITHIN  THE  L
 SUBWAY LINE CLOSURE AREA;
   (F)  IN CONSULTATION WITH THE URBAN DEVELOPMENT CORPORATION, PROVIDING
 FINANCIAL ASSISTANCE TO BUSINESSES WITHIN  THE  L  SUBWAY  LINE  CLOSURE
 AREA, INCLUDING GRANTS AND RENTAL AND UTILITY ASSISTANCE; AND
   (G) IN CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPO-
 RATION,  IDENTIFYING STATE OWNED PROPERTY IN MANHATTAN WHICH MAY BE USED
 AS TEMPORARY SHOWROOMS FOR BUSINESSES WITHIN THE L SUBWAY  LINE  PROJECT
 AREA.
   3.  FOR  PURPOSES  OF  THIS SECTION "L SUBWAY LINE CLOSURE AREA" SHALL
 MEAN AN AREA APPROVED BY THE BOARD OF THE AUTHORITY THAT IS ADJACENT  TO
 OR  AFFECTED  BY  THE TEMPORARY CLOSURE OF PORTIONS OF THE L SUBWAY LINE
 FOR REPAIRS.

 S. 8052--A                          5
 
   4. THE L SUBWAY LINE CLOSURE MITIGATION PLAN REQUIRED PURSUANT TO THIS
 SECTION SHALL, NO LATER THAN SIXTY DAYS BEFORE THE COMMENCEMENT OF THE L
 SUBWAY LINE CLOSURE, BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY  PRESI-
 DENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY, BE POSTED ON THE
 AUTHORITY'S WEBSITE AND ALSO BE MADE READILY AVAILABLE TO THE PUBLIC.
   5.  THE  AUTHORITY  SHALL NOT CHARGE A FARE OR FEE FOR ANY SHUTTLE BUS
 SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT  OF  THE  L  SUBWAY
 LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA.
   §  3.  Paragraph 5 of subdivision (c) of section 1111-c of the vehicle
 and traffic law, as amended by section 6 of part NNN of  chapter  59  of
 the laws of 2018, is amended to read as follows:
   5.  "bus rapid transit program" shall mean up to ten routes designated
 by the New York city department of transportation in  consultation  with
 the  applicable  mass transit agency, A ROUTE DESIGNATED BY THE NEW YORK
 CITY DEPARTMENT OF TRANSPORTATION ON GRAND STREET, DELANCEY  STREET  AND
 THE  WILLIAMSBURG  BRIDGE  FROM THE GRAND STREET STATION TO THE DELANCEY
 STREET STATION, AND A ROUTE DESIGNATED BY THE NEW YORK  CITY  DEPARTMENT
 OF  TRANSPORTATION  ON FOURTEENTH STREET BETWEEN THIRD AND NINTH AVENUES
 EASTBOUND AND THIRD AND EIGHTH AVENUES WESTBOUND, in addition to the Bus
 Rapid Transit Phase I plan routes, that operate on designated bus  lanes
 and  that  may include upgraded signage, enhanced road markings, minimum
 bus stop spacing, off-board fare payment, traffic  signal  priority  for
 buses,  and  any other enhancement that increases bus speed or reliabil-
 ity.
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed  repealed  September  1, 2020; provided, however, that the amend-
 ments to paragraph 5 of subdivision (c) of section 1111-c of the vehicle
 and traffic law, made by section three of this act, shall not affect the
 repeal of such section and shall be deemed repealed therewith.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8052--B
 
                             I N  S E N A T E
 
                              March 22, 2018
                                ___________
 
 Introduced  by  Sens. KAVANAGH, DILAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the public authorities law and the vehicle  and  traffic
   law, in relation to mitigating the closure of the L subway line in the
   city of New York; and to amend the public authorities law, the vehicle
   and traffic law and the public officers law, in relation to establish-
   ing  a  temporary  high-occupancy  vehicle program on the Williamsburg
   bridge by means of mobile or stationary photo devices;  and  providing
   for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The L subway line is  of  vital  impor-
 tance  to  commuters,  the  local  community,  and businesses within the
 service area of the line. Hundreds of thousands of New Yorkers ride  the
 line  on  a  daily  basis, and such ridership volume is essential to the
 economic vitality of nearby businesses. Officials from the  metropolitan
 transportation  authority  (MTA)  have  indicated that portions of the L
 subway line will be temporarily closed  for  repair  work  beginning  in
 April  of  2019.  The  closure is anticipated to last fifteen months and
 affect all L subway line stations west of, and  including,  the  Bedford
 Avenue  and  1st  Avenue  Station. The temporary closure of the L subway
 line will cause individual and economic hardships for those who rely  on
 the  line  for  transportation  and economic opportunities.   Currently,
 there is no statutory requirement that would mandate the MTA to  develop
 a  plan to address the impacts of such a closure, allow for public feed-
 back, and provide the plan to the community. It is  the  intent  of  the
 legislature  that  there  be a legal requirement for the MTA to consider
 and address all of the impacts of such a significant closure and provide
 a plan to the public in a timely manner. Such plan shall require the MTA
 to address timelines involved with the proposed closure,  transportation
 alternatives  to  accommodate  diverted  riders, transportation facility
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14751-06-8

 S. 8052--B                          2
 
 improvements and expansion, the authority to utilize bus lane cameras to
 facilitate alternative forms of transportation, and provide  for  public
 input  throughout  the  planning  process and the L subway line closure.
 Public  notice  and  involvement  throughout the process is essential so
 that everyday riders are able to adjust their commuting habits and busi-
 nesses are able to adapt to such a change as a result  of  the  closure.
 The legislature hereby finds and declares that the L subway line closure
 and its impacts are a significant concern. The legislature further finds
 and declares that the MTA shall be required to have a plan, prior to the
 L  subway line closure, that would mitigate the effects of, and accommo-
 date those affected by, the closure. Finally, the legislature finds  and
 declares  that  such plan shall provide for public input and be provided
 to the community.
   § 2. The public authorities law is amended by  adding  a  new  section
 1279-e to read as follows:
   §  1279-E. L SUBWAY LINE CLOSURE MITIGATION PLAN. 1. THE AUTHORITY, IN
 CONSULTATION WITH THE NEW YORK CITY DEPARTMENT  OF  TRANSPORTATION,  THE
 NEW  YORK  CITY ECONOMIC DEVELOPMENT CORPORATION, THE PERMANENT CITIZENS
 ADVISORY COMMITTEE TO THE AUTHORITY AND ANY OTHER ENTITY  THE  AUTHORITY
 DEEMS  RELEVANT,  SHALL  DEVELOP  A  PLAN TO MITIGATE THE INDIVIDUAL AND
 ECONOMIC HARDSHIPS DUE TO THE L SUBWAY LINE  CLOSURE.  SUCH  PLAN  SHALL
 INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
   (A)  AN  ANTICIPATED TIMELINE FOR THE L SUBWAY LINE CLOSURE, INCLUDING
 THE ANTICIPATED START TIME AND DATE FOR THE CLOSURE AND THE  ANTICIPATED
 END TIME AND DATE FOR THE CLOSURE;
   (B)  AN  ANALYSIS OF THE ANTICIPATED INCREASE IN RIDERSHIP ON ALTERNA-
 TIVE ROUTES, INCLUDING BUT  NOT  LIMITED  TO,  ALTERNATIVE  BUS  ROUTES,
 ALTERNATIVE SUBWAY ROUTES AND ALL OTHER FORMS OF ALTERNATIVE TRANSPORTA-
 TION  UTILIZED  TO  ACCOMMODATE  DIVERTED  L-RIDERS AS A RESULT OF THE L
 SUBWAY LINE CLOSURE;
   (C) IDENTIFICATION OF THE SPECIFIC CORRIDORS AND  RELATED  TRANSPORTA-
 TION  MODES  THAT  WILL  BE  IMPACTED AND DISRUPTED BY THE L SUBWAY LINE
 CLOSURE;
   (D) IDENTIFICATION OF THE SPECIFIC IMPACTS AND DISRUPTIONS  CAUSED  BY
 THE  L  SUBWAY LINE CLOSURE AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED
 TRANSPORTATION MODES TO ACCOMMODATE DIVERTED L-RIDERS;
   (E) IDENTIFICATION OF SPECIFIC MITIGATION MEASURES TO LESSEN THE IDEN-
 TIFIED AND ANTICIPATED IMPACTS AND DISRUPTIONS  AT  ALTERNATIVE  ROUTES,
 CORRIDORS AND RELATED TRANSPORTATION MODES;
   (F)  IDENTIFICATION  OF SURFACE AND SUBWAY TRANSPORTATION IMPROVEMENTS
 AND RESTRICTIONS TO PREPARE FOR THE DISRUPTION  AND  IMPACTS  OF  THE  L
 SUBWAY LINE CLOSURE;
   (G)  A  DETERMINATION  OF  THE  TIMING  AND  SCOPE  OF EACH INDIVIDUAL
 IMPROVEMENT AND RESTRICTION TO SURFACE AND SUBWAY TRANSPORTATION;
   (H) COMMENCEMENT, ADVERTISEMENT AND  PUBLICATION  OF  PUBLIC  HEARINGS
 BEFORE, DURING AND AFTER THE CLOSURE OF THE L SUBWAY LINE;
   (I)  AN  EXTENSIVE COMMUNITY OUTREACH PROCESS BEFORE, DURING AND AFTER
 THE L SUBWAY LINE CLOSURE;
   (J) ADDITIONAL STATION TURNSTILE, STAIR AND CONTROL AREA CAPACITY  AND
 SERVICE  AT  THE  NUMEROUS  STATIONS  ON THE ALTERNATIVE SUBWAY LINES TO
 ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (K) ADDITIONAL L-ALTERNATIVE SUBWAY LINE SERVICE AND CAPACITY ON WEEK-
 ENDS AND OVERNIGHTS;
   (L) SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS  A  RESULT
 OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA;

 S. 8052--B                          3
 
   (M)  FREE  TRANSFERS  FOR  FERRY,  BUS AND SUBWAY LINES TO ACCOMMODATE
 DIVERTED PASSENGERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (N)  INCREASED  FERRY  CAPACITY  AND  SERVICE  CONNECTING BROOKLYN AND
 MANHATTAN TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE  L  SUBWAY
 LINE CLOSURE;
   (O)  INCREASED BUS SERVICE AND CAPACITY TO ACCOMMODATE DIVERTED L-RID-
 ERS AS A RESULT OF THE L SUBWAY LINE CLOSURE WITHIN THE  L  SUBWAY  LINE
 CLOSURE AREA;
   (P)  INCREASED  SUBWAY  SERVICE  AND  CAPACITY  ON L ALTERNATIVE ROUTE
 SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS  AS  A  RESULT  OF  THE  L
 SUBWAY LINE CLOSURE;
   (Q)  IDENTIFICATION  OF  SUBWAY  STATION IMPROVEMENTS AT L-ALTERNATIVE
 ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L
 SUBWAY LINE CLOSURE;
   (R) FARE PARITY BETWEEN FERRY,  BUS  AND  SUBWAY  LINES  FOR  DIVERTED
 L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (S) CONTRACT INCENTIVES AND PENALTIES FOR THE CONTRACTORS TO ENCOURAGE
 THE  COMPLETION  OF  THE  L  SUBWAY  LINE CLOSURE PROJECT WITHIN FIFTEEN
 MONTHS;
   (T) THE IMPLEMENTATION OF BUS LANES IN ORDER TO MOVE BUSES QUICKLY AND
 NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS  A  RESULT
 OF THE L SUBWAY LINE CLOSURE;
   (U)   THE   IMPLEMENTATION   OF   HIGH   OCCUPANCY  VEHICLE(HOV)  LANE
 RESTRICTIONS IN ORDER TO MOVE HIGH OCCUPANCY VEHICLES  QUICKLY  AND  NOT
 ADD  TO  CONGESTION  AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;
   (V) THE IDENTIFICATION OF APPROPRIATE PLACEMENT OF HOV LANES  THROUGH-
 OUT  THE  IMPACTED  AREA TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;
   (W) DETERMINATION AND EVALUATION ENFORCEMENT MEASURES OF HOV LANES;
   (X) THE PERIODIC REVIEW OF THE EFFECTIVENESS OF HOV LANES;
   (Y) ANALYSIS OF THE IMPACT OF THE WILLIAMSBURG BRIDGE RESTRICTIONS  ON
 THE OTHER EAST RIVER CROSSINGS;
   (Z)  MITIGATION  OF AN OUTSIZED SHIFT OF DIVERTED L-RIDERS TO FOR-HIRE
 VEHICLES THAT COULD LEAD TO MASSIVE CONGESTION AT EAST RIVER CROSSINGS;
   (AA) DEVELOPMENT OF  ROBUST  PLANS  FOR  BICYCLE  USE  TO  ACCOMMODATE
 DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (BB)  EXPANDED  ACCESS  TO  PEDESTRIANS, BUS RIDERS AND CYCLISTS ALONG
 L-ALTERNATIVE ROUTE TRANSPORTATION CORRIDORS TO ENSURE QUICK  AND  EFFI-
 CIENT  MOVEMENT  FOR  DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE;
   (CC) RUSH HOUR RESTRICTIONS TO ASSIST BUSES IN TRAVELING  ALONG  L-AL-
 TERNATIVE  TRANSPORTATION  ROUTES  TO ACCOMMODATE DIVERTED L-RIDERS AS A
 RESULT OF THE L SUBWAY LINE CLOSURE;
   (DD) BUS LANES TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNATIVE TRANS-
 PORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF  THE  L
 SUBWAY LINE CLOSURE;
   (EE)  SELECT BUS SERVICE TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNA-
 TIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A  RESULT
 OF THE L SUBWAY LINE CLOSURE;
   (FF)  UPGRADING  OF SELECT BUS SERVICE TO ASSIST BUSES TRAVELING ALONG
 L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS  AS
 A RESULT OF THE L SUBWAY LINE CLOSURE;
   (GG) TEMPORARY BUS BULBS TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE
 TRANSPORTATION  ROUTES  TO  ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;

 S. 8052--B                          4
 
   (HH) OFFSET BUS LINES TO ASSIST BUSES  TRAVELING  ALONG  L-ALTERNATIVE
 TRANSPORTATION  ROUTES  TO  ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
 THE L SUBWAY LINE CLOSURE;
   (II)  SIDEWALK EXPANSION ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES
 TO ACCOMMODATE DIVERTED L-RIDERS AS  A  RESULT  OF  THE  L  SUBWAY  LINE
 CLOSURE;
   (JJ)  NEW  PEDESTRIAN  SPACE  ALONG  THE  L-ALTERNATIVE TRANSPORTATION
 ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE;
   (KK) AN ANALYSIS AND DETERMINATION OF  THE  IMPACT  ON  DAILY  CYCLING
 VOLUME  ALONG  THE  L-ALTERNATIVE  TRANSPORTATION  ROUTES TO ACCOMMODATE
 DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (LL) TWO-WAY PROTECTED CROSSTOWN BIKE  LANE  TO  ACCOMMODATE  DIVERTED
 L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (MM)  PEDESTRIANIZED STREET FEATURES ALONG THE L-ALTERNATIVE TRANSPOR-
 TATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS  A  RESULT  OF  THE  L
 SUBWAY LINE CLOSURE;
   (NN)  NEW  BIKE  PARKING  HUBS  ALONG THE L-ALTERNATIVE TRANSPORTATION
 ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE;
   (OO) NEW FERRY ROUTES ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO
 ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (PP) INCREASED SERVICES AND  CAPACITY  FOR  COMMUNITY  BICYCLE-SHARING
 PROGRAMS  TO  ACCOMMODATE  DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY
 LINE CLOSURE;
   (QQ) IDENTIFICATION AND IMPLEMENTATION OF THE PLACEMENT OF  ADDITIONAL
 CROSSWALKS  ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE
 DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
   (RR) ADDITIONAL BICYCLE PARKING ALONG THE L-ALTERNATIVE TRANSPORTATION
 ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
 CLOSURE; AND
   (SS) THE PERIODIC BRIEFING OF ELECTED OFFICIALS ON THE STATUS  OF  THE
 SUBWAY LINE CLOSURE BEFORE, DURING AND AFTER THE CLOSURE.
   2.  IN  DEVELOPING  THE  PLAN  REFERENCED  IN  SUBDIVISION ONE OF THIS
 SECTION, THE AUTHORITY SHALL CONSIDER BUT NOT BE LIMITED TO THE  FOLLOW-
 ING ACTIONS AND MEASURES FOR INCLUSION IN SAID PLAN:
   (A) DISCOUNTED ADVERTISING ON ALL AUTHORITY ADVERTISING MEDIUMS WITHIN
 THE L SUBWAY LINE CLOSURE AREA;
   (B)  SIGNAGE  WITHIN THE L SUBWAY LINE CLOSURE AREA IN THE VICINITY OF
 ABOVE-GROUND WORK SITES WHICH STATE THAT NEARBY BUSINESSES ARE OPEN;
   (C) THE COMMISSIONING OF PUBLIC ART  TO  BE  INSTALLED  WITHIN  THE  L
 SUBWAY  LINE  CLOSURE AREA FOR THE PURPOSE OF DRAWING VISITORS TO NEIGH-
 BORHOODS IN THE L SUBWAY LINE CLOSURE AREA;
   (D) A FREE OR REDUCED FARE SHUTTLE BUS SERVICE FOR DIVERTED PASSENGERS
 IN THE L SUBWAY LINE CLOSURE AREA;
   (E) METHODS TO ENCOURAGE THE PATRONAGE  OF  BUSINESSES  WITHIN  THE  L
 SUBWAY LINE CLOSURE AREA;
   (F)  IN CONSULTATION WITH THE URBAN DEVELOPMENT CORPORATION, PROVIDING
 FINANCIAL ASSISTANCE TO BUSINESSES WITHIN  THE  L  SUBWAY  LINE  CLOSURE
 AREA, INCLUDING GRANTS AND RENTAL AND UTILITY ASSISTANCE; AND
   (G) IN CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPO-
 RATION,  IDENTIFYING STATE OWNED PROPERTY IN MANHATTAN WHICH MAY BE USED
 AS TEMPORARY SHOWROOMS FOR BUSINESSES WITHIN THE L SUBWAY  LINE  PROJECT
 AREA.
   3.  FOR  PURPOSES  OF  THIS SECTION "L SUBWAY LINE CLOSURE AREA" SHALL
 MEAN AN AREA APPROVED BY THE BOARD OF THE AUTHORITY THAT IS ADJACENT  TO

 S. 8052--B                          5
 
 OR  AFFECTED  BY  THE TEMPORARY CLOSURE OF PORTIONS OF THE L SUBWAY LINE
 FOR REPAIRS.
   4. THE L SUBWAY LINE CLOSURE MITIGATION PLAN REQUIRED PURSUANT TO THIS
 SECTION SHALL, NO LATER THAN SIXTY DAYS BEFORE THE COMMENCEMENT OF THE L
 SUBWAY  LINE CLOSURE, BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY,  BE  POSTED  ON  THE
 AUTHORITY'S WEBSITE AND ALSO BE MADE READILY AVAILABLE TO THE PUBLIC.
   5.  THE  AUTHORITY  SHALL NOT CHARGE A FARE OR FEE FOR ANY SHUTTLE BUS
 SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT  OF  THE  L  SUBWAY
 LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA.
   §  3.  Paragraph 5 of subdivision (c) of section 1111-c of the vehicle
 and traffic law, as amended by section 6 of part NNN of  chapter  59  of
 the laws of 2018, is amended to read as follows:
   5.  "bus rapid transit program" shall mean up to ten routes designated
 by the New York city department of transportation in  consultation  with
 the  applicable  mass transit agency, A ROUTE DESIGNATED BY THE NEW YORK
 CITY DEPARTMENT OF TRANSPORTATION ON GRAND STREET, DELANCEY  STREET  AND
 THE  WILLIAMSBURG  BRIDGE  FROM THE GRAND STREET STATION TO THE DELANCEY
 STREET STATION, AND A ROUTE DESIGNATED BY THE NEW YORK  CITY  DEPARTMENT
 OF  TRANSPORTATION  ON FOURTEENTH STREET BETWEEN THIRD AND NINTH AVENUES
 EASTBOUND AND THIRD AND EIGHTH AVENUES WESTBOUND, in addition to the Bus
 Rapid Transit Phase I plan routes, that operate on designated bus  lanes
 and  that  may include upgraded signage, enhanced road markings, minimum
 bus stop spacing, off-board fare payment, traffic  signal  priority  for
 buses,  and  any other enhancement that increases bus speed or reliabil-
 ity.
   § 4. Section 1268 of the public authorities law is amended by adding a
 new subdivision 4 to read as follows:
   4. THE AUTHORITY AND THE NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS
 SUBSIDIARY CORPORATIONS SHALL CONSULT WITH AND ASSIST THE  CITY  OF  NEW
 YORK IN IMPLEMENTING A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM ON
 THE  WILLIAMSBURG BRIDGE PURSUANT TO SECTION ELEVEN HUNDRED TEN-A OF THE
 VEHICLE AND TRAFFIC LAW.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 235-a to read as follows:
   §  235-A.  JURISDICTION;  WILLIAMSBURG BRIDGE TEMPORARY HIGH-OCCUPANCY
 VEHICLE PROGRAM. NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS  OF  ANY
 GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, IN
 ANY  CITY  WHICH  HERETOFORE  OR HEREAFTER IS AUTHORIZED TO ESTABLISH AN
 ADMINISTRATIVE  TRIBUNAL  HAVING  JURISDICTION  TO  HEAR  AND  DETERMINE
 COMPLAINTS  OF  TRAFFIC  INFRACTIONS  CONSTITUTING  PARKING, STANDING OR
 STOPPING VIOLATIONS IN ACCORDANCE WITH THIS ARTICLE, SUCH TRIBUNAL SHALL
 BE AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS  FOR  VIOLATIONS  OF
 SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION
 ELEVEN HUNDRED TEN-A OF THIS CHAPTER AND SUCH TRIBUNAL AND THE RULES AND
 REGULATIONS  PERTAINING  THERETO  SHALL  BE  CONSTITUTED  IN SUBSTANTIAL
 CONFORMANCE WITH THE FOLLOWING SECTIONS.
   § 6. Section 236 of the vehicle and traffic law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. A PARKING VIOLATIONS BUREAU CREATED PURSUANT TO  SUBDIVISION  ONE
 OF  THIS SECTION SHALL HAVE JURISDICTION AS PROVIDED IN THIS SECTION AND
 SHALL ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF  SUBDIVISION  (F)
 OF  SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 TEN-A OF THIS CHAPTER.
   § 7. Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 16 to read as follows:

 S. 8052--B                          6

   16. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVI-
 SION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED TEN-A OF THIS CHAPTER.
   §  8.  Subdivision  1 of section 239 of the vehicle and traffic law is
 amended by adding a new paragraph f-1 to read as follows:
   F-1. "NOTICE OF VIOLATION" MEANS A NOTICE OF VIOLATION AS  DEFINED  IN
 SUBDIVISION  NINE  OF  SECTION TWO HUNDRED THIRTY-SEVEN OF THIS ARTICLE,
 BUT SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT
 TO AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP-
 TER.
   § 9. Section 239 of the vehicle and traffic law is amended by adding a
 new subdivision 5 to read as follows:
   5. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
 SUBDIVISION THREE OF THIS SECTION SHALL NOT BE  APPLICABLE  TO  DETERMI-
 NATIONS OF OWNER LIABILITY FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH
 SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER.
   §  10. Section 240 of the vehicle and traffic law is amended by adding
 three new subdivisions 1-b, 1-c and 2-a to read as follows:
   1-B. NOTICE OF HEARING. WHENEVER A PERSON  ALLEGED  TO  BE  LIABLE  IN
 ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED TEN-A OF THIS CHAPTER CONTESTS
 SUCH ALLEGATION, THE BUREAU SHALL ADVISE SUCH PERSON PERSONALLY BY  SUCH
 FORM OF FIRST CLASS MAIL AS THE DIRECTOR MAY DIRECT OF THE DATE ON WHICH
 HE  OR  SHE  MUST APPEAR TO ANSWER THE CHARGE AT A HEARING. THE FORM AND
 CONTENT OF SUCH NOTICE OF HEARING SHALL BE PRESCRIBED BY  THE  DIRECTOR,
 AND SHALL CONTAIN A WARNING TO ADVISE THE PERSON SO PLEADING OR CONTEST-
 ING  THAT FAILURE TO APPEAR ON THE DATE DESIGNATED, OR ON ANY SUBSEQUENT
 ADJOURNED DATE, SHALL BE DEEMED AN ADMISSION OF LIABILITY,  AND  THAT  A
 DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   1-C.  FINES  AND  PENALTIES.  WHENEVER  A  PLEA OF NOT GUILTY HAS BEEN
 ENTERED, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER IS BEING
 CONTESTED, BY A PERSON IN A TIMELY FASHION AND A HEARING ON  THE  MERITS
 HAS BEEN DEMANDED, BUT HAS NOT YET BEEN HELD, THE BUREAU SHALL NOT ISSUE
 ANY  NOTICE  OF  FINE OR PENALTY TO THAT PERSON PRIOR TO THE DATE OF THE
 HEARING.
   2-A. CONDUCT OF HEARINGS. A. EVERY HEARING FOR AN ADJUDICATION  OF  AN
 ALLEGATION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A
 OF THIS CHAPTER SHALL BE HELD BEFORE A HEARING  EXAMINER  IN  ACCORDANCE
 WITH RULES AND REGULATIONS PROMULGATED BY THE BUREAU.
   B.  NO  CHARGE  MAY  BE  ESTABLISHED  EXCEPT UPON PROOF BY SUBSTANTIAL
 EVIDENCE.
   C. THE HEARING EXAMINER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE IN
 THE CONDUCT OF THE HEARING, EXCEPT RULES RELATING TO PRIVILEGED COMMUNI-
 CATIONS.
   D. THE HEARING EXAMINER SHALL AT THE REQUEST OF THE PERSON CHARGED  ON
 A  SHOWING  OF  GOOD  CAUSE  AND  NEED  THEREFOR,  OR  IN HIS OR HER OWN
 DISCRETION, ISSUE A SUBPOENA TO COMPEL THE APPEARANCE AT  A  HEARING  OF
 THE  OFFICER  WHO  SERVED THE NOTICE OF VIOLATION OR OF OTHER PERSONS TO
 GIVE TESTIMONY, AND MAY ISSUE A  SUBPOENA  DUCES  TECUM  TO  COMPEL  THE
 PRODUCTION  FOR  EXAMINATION OR INTRODUCTION INTO EVIDENCE, OF ANY BOOK,
 PAPER OR OTHER THING RELEVANT TO THE CHARGES.
   E. IN THE CASE OF A REFUSAL TO OBEY A SUBPOENA, THE  BUREAU  MAY  MAKE
 APPLICATION  TO  THE  SUPREME  COURT  PURSUANT  TO  SECTION TWENTY-THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FOR AN ORDER  REQUIR-
 ING SUCH APPEARANCE, TESTIMONY OR PRODUCTION OF EVIDENCE.

 S. 8052--B                          7

   F.  THE  HEARING EXAMINER SHALL NOT EXAMINE THE PRIOR VIOLATION RECORD
 OF A PERSON CHARGED BEFORE MAKING A DETERMINATION.
   G. A RECORD SHALL BE MADE OF A HEARING ON A PLEA OF NOT GUILTY OR OF A
 HEARING  AT  WHICH  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 TEN-A OF THIS CHAPTER IS CONTESTED. RECORDING DEVICES MAY  BE  USED  FOR
 THE MAKING OF THE RECORD.
   §  11. Section 241 of the vehicle and traffic law is amended by adding
 two new subdivisions 1-a and 2-a to read as follows:
   1-A. THE HEARING EXAMINER SHALL MAKE A DETERMINATION ON  THE  CHARGES,
 EITHER  SUSTAINING OR DISMISSING THEM. WHERE THE HEARING EXAMINER DETER-
 MINES THAT THE CHARGES HAVE BEEN SUSTAINED HE OR  SHE  MAY  EXAMINE  THE
 RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 TEN-A  OF  THIS CHAPTER OF THE PERSON CHARGED PRIOR TO RENDERING A FINAL
 DETERMINATION. FINAL DETERMINATIONS  SUSTAINING  OR  DISMISSING  CHARGES
 SHALL  BE ENTERED ON A FINAL DETERMINATION ROLL MAINTAINED BY THE BUREAU
 TOGETHER WITH RECORDS SHOWING PAYMENT AND NONPAYMENT OF PENALTIES.
   2-A. WHERE AN OPERATOR OR OWNER FAILS  TO  CONTEST  AN  ALLEGATION  OF
 LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP-
 TER OR FAILS TO APPEAR  ON  A  DESIGNATED  HEARING  DATE  OR  SUBSEQUENT
 ADJOURNED DATE OR FAILS AFTER A HEARING TO COMPLY WITH THE DETERMINATION
 OF A HEARING EXAMINER, AS PRESCRIBED BY THIS ARTICLE OR BY RULE OR REGU-
 LATION OF THE BUREAU, SUCH FAILURE TO CONTEST, APPEAR OR COMPLY SHALL BE
 DEEMED, FOR ALL PURPOSES, AN ADMISSION OF LIABILITY AND SHALL BE GROUNDS
 FOR  RENDERING  AND ENTERING A DEFAULT JUDGMENT IN AN AMOUNT PROVIDED BY
 THE RULES AND REGULATIONS OF THE BUREAU. HOWEVER, AFTER  THE  EXPIRATION
 OF  THE ORIGINAL DATE PRESCRIBED FOR CONTESTING AN ALLEGATION OF LIABIL-
 ITY AND BEFORE A DEFAULT JUDGMENT MAY BE  RENDERED,  IN  SUCH  CASE  THE
 BUREAU  SHALL  PURSUANT  TO THE APPLICABLE PROVISIONS OF LAW NOTIFY SUCH
 OPERATOR OR OWNER, BY SUCH FORM OF FIRST CLASS MAIL  AS  THE  COMMISSION
 MAY  DIRECT:  (1)  OF  THE  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED TEN-A OF THIS CHAPTER ALLEGED,  (2)  OF  THE  IMPENDING  DEFAULT
 JUDGMENT,  (3)  THAT SUCH JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF
 THE CITY IN WHICH THE BUREAU HAS BEEN ESTABLISHED,  OR  OTHER  COURT  OF
 CIVIL  JURISDICTION  OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL
 JUDGMENTS WITHIN THE STATE OF NEW YORK, AND (4) THAT A  DEFAULT  MAY  BE
 AVOIDED  BY  CONTESTING  AN  ALLEGATION  OF LIABILITY IN ACCORDANCE WITH
 SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER  OR  MAKING  AN  APPEARANCE
 WITHIN THIRTY DAYS OF THE SENDING OF SUCH NOTICE. ALLEGATIONS OF LIABIL-
 ITY  CONTESTED  WITHIN  THAT PERIOD SHALL BE IN THE MANNER PRESCRIBED IN
 THE NOTICE AND NOT SUBJECT TO ADDITIONAL PENALTY OR FEE. SUCH NOTICE  OF
 IMPENDING  DEFAULT JUDGMENT SHALL NOT BE REQUIRED PRIOR TO THE RENDERING
 AND ENTRY THEREOF IN THE CASE OF OPERATORS OR OWNERS WHO  ARE  NON-RESI-
 DENTS  OF  THE STATE OF NEW YORK. IN NO CASE SHALL A DEFAULT JUDGMENT BE
 RENDERED OR, WHERE REQUIRED, A NOTICE OF IMPENDING DEFAULT  JUDGMENT  BE
 SENT,  MORE  THAN  TWO YEARS AFTER THE EXPIRATION OF THE TIME PRESCRIBED
 FOR CONTESTING AN ALLEGATION OF LIABILITY. WHEN A PERSON HAS DEMANDED  A
 HEARING, NO FINE OR PENALTY SHALL BE IMPOSED FOR ANY REASON PRIOR TO THE
 HOLDING  OF  THE  HEARING. IF THE HEARING EXAMINER SHALL MAKE A DETERMI-
 NATION ON THE CHARGES, SUSTAINING THEM, HE OR SHE SHALL IMPOSE NO GREAT-
 ER PENALTY OR FINE THAN THOSE  UPON  WHICH  THE  PERSON  WAS  ORIGINALLY
 CHARGED.
   § 12. Subdivision 5-a of section 401 of the vehicle and traffic law is
 amended by adding a new paragraph a-1 to read as follows:
   A-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
 EOF  THERE IS A CERTIFICATION FROM A COURT OR ADMINISTRATIVE TRIBUNAL OF
 APPROPRIATE JURISDICTION THAT THE REGISTRANT OR  HIS  OR  HER  REPRESEN-

 S. 8052--B                          8
 
 TATIVE  FAILED  TO APPEAR ON THE RETURN DATE OR ANY SUBSEQUENT ADJOURNED
 DATE OR FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF  AN  ADMINIS-
 TRATIVE  TRIBUNAL  FOLLOWING  ENTRY OF A FINAL DECISION IN RESPONSE TO A
 TOTAL  OF  THREE  OR  MORE  SUMMONSES OR OTHER PROCESS IN THE AGGREGATE,
 ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD, CHARGING THAT THE REGISTRANT WAS
 LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF  THIS  CHAPTER
 FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS
 CHAPTER,  THE  COMMISSIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRA-
 TION OR RENEWAL APPLICATION UNTIL THE APPLICANT PROVIDES PROOF FROM  THE
 COURT OR ADMINISTRATIVE TRIBUNAL WHEREIN THE CHARGES ARE PENDING THAT AN
 APPEARANCE  OR  ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE
 TRIBUNAL THAT HE OR SHE HAS COMPLIED WITH THE RULES AND  REGULATIONS  OF
 SAID  TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION. WHERE AN APPLICATION
 IS DENIED PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR  HER
 DISCRETION,  DENY  A  REGISTRATION  OR  RENEWAL APPLICATION TO ANY OTHER
 PERSON FOR THE SAME VEHICLE AND  MAY  DENY  A  REGISTRATION  OR  RENEWAL
 APPLICATION  FOR  ANY  OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
 APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT  SUCH  REGISTRANT'S
 INTENT  HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
 COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
 RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS  SUBDIVI-
 SION.  SUCH  DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
 REMAIN UNANSWERED, OR IN THE CASE OF  AN  ADMINISTRATIVE  TRIBUNAL,  THE
 REGISTRANT  FAILS  TO  COMPLY  WITH  THE RULES AND REGULATIONS FOLLOWING
 ENTRY OF A FINAL DECISION.
   § 13. Section 1110 of the vehicle and traffic law is amended by adding
 a new subdivision (f) to read as follows:
   (F) EVERY PERSON SHALL OBEY THE INSTRUCTIONS OF ANY OFFICIAL  TRAFFIC-
 CONTROL   DEVICE   PLACED   TO  DELINEATE  HIGH-OCCUPANCY  VEHICLE  LANE
 RESTRICTIONS UNDER THE TEMPORARY HOV  PROGRAM  ESTABLISHED  PURSUANT  TO
 SECTION  ELEVEN HUNDRED TEN-A OF THIS CHAPTER, UNLESS OTHERWISE DIRECTED
 BY A TRAFFIC OR POLICE OFFICER, SUBJECT TO THE  EXCEPTIONS  GRANTED  THE
 DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE IN THIS TITLE.
   §  14.  The vehicle and traffic law is amended by adding a new section
 1110-a to read as follows:
   § 1110-A. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
 TEMPORARY  HIGH-OCCUPANCY VEHICLE PROGRAM RESTRICTIONS.  (A) 1. NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK  IN  CONSULTA-
 TION WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IS HEREBY AUTHORIZED
 AND  EMPOWERED  TO  ESTABLISH  A  TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV)
 PROGRAM ON THE WILLIAMSBURG BRIDGE IMPOSING MONETARY  LIABILITY  ON  THE
 OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH HOV
 RESTRICTIONS  ON  SUCH  BRIDGE  IN  SUCH  CITY  IN  ACCORDANCE  WITH THE
 PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF  TRANSPORTA-
 TION,  FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE
 HOV PHOTO DEVICES ONLY WITHIN DESIGNATED HOV AREAS ON  THE  WILLIAMSBURG
 BRIDGE IN SUCH CITY.  SUCH HOV PHOTO DEVICES MAY BE STATIONARY OR MOBILE
 AND  SHALL  BE  ACTIVATED  AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF
 TRANSPORTATION.
   2. ANY IMAGE OR IMAGES CAPTURED OR PRODUCED BY  AN  HOV  PHOTO  DEVICE
 SHALL  NOT  BE  USED  FOR  ANY  PURPOSE  OTHER THAN AS SPECIFIED IN THIS
 SECTION IN THE ABSENCE OF A COURT  ORDER  REQUIRING  SUCH  IMAGE  TO  BE
 PRODUCED.
   3.  THE  CITY  OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
 THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
 TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY AN HOV PHOTO DEVICE,

 S. 8052--B                          9
 
 PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT  TO  THIS
 SECTION  SHALL  BE  DISMISSED SOLELY BECAUSE AN IMAGE PRODUCED BY AN HOV
 PHOTO DEVICE ALLOWS FOR THE IDENTIFICATION OF THE  DRIVER,  THE  PASSEN-
 GERS,  OR  THE  CONTENTS OF A VEHICLE, PROVIDED THAT THE CITY HAS MADE A
 REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH.  SUCH
 PROTECTIVE MEASURES SHALL INCLUDE:
   (I)  THE  UTILIZATION  OF NECESSARY TECHNOLOGIES TO ENSURE THAT IMAGES
 PRODUCED BY SUCH HOV PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
 FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE;
   (II) A PROHIBITION ON THE USE OR DISSEMINATION  OF  VEHICLES'  LICENSE
 PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY HOV PHOTO
 DEVICES  EXCEPT:  (A)  AS  REQUIRED  TO  ESTABLISH  LIABILITY UNDER THIS
 SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER;
 (C) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN  ACCORDANCE  WITH
 THE  CRIMINAL  PROCEDURE LAW OR A SUBPOENA; OR (D) AS OTHERWISE REQUIRED
 BY LAW;
   (III) THE INSTALLATION OF SIGNAGE IN ADVANCE OF ENTRY POINTS TO DESIG-
 NATED HOV AREAS STATING THAT HOV PHOTO DEVICES ARE USED TO  ENFORCE  HOV
 RESTRICTIONS; AND
   (IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
 PRIVACY PROTECTION MEASURES.
   4. WITHIN THE CITY OF NEW YORK, SUCH HOV PHOTO DEVICES USED IN ACCORD-
 ANCE WITH THE TEMPORARY HOV PROGRAM SHALL ONLY BE OPERATED WITHIN DESIG-
 NATED  HOV  AREAS ON THE WILLIAMSBURG BRIDGE DURING PERIODS TO BE DETER-
 MINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION IN  CONSULTATION
 WITH  THE  METROPOLITAN  TRANSPORTATION AUTHORITY IN ORDER TO FACILITATE
 TRAFFIC MANAGEMENT. DETERMINATION OF SUCH PERIODS SHALL BE MADE BASED ON
 FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL TRAFFIC ANALYSES
 CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC, AND  GUIDANCE  FROM
 APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION STRATEGIES.
   (B)  IF  THE  CITY OF NEW YORK HAS ESTABLISHED A TEMPORARY HOV PROGRAM
 PURSUANT TO SUBDIVISION (A) OF THIS SECTION,  THE  OWNER  OF  A  VEHICLE
 SHALL  BE  LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
 VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE  OWNER,  EXPRESS
 OR  IMPLIED,  IN  VIOLATION OF ANY HOV RESTRICTIONS THAT APPLY, AND SUCH
 VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM AN HOV PHOTO DEVICE;
 PROVIDED, HOWEVER THAT NO OWNER OF A  VEHICLE  SHALL  BE  LIABLE  FOR  A
 PENALTY  IMPOSED  PURSUANT  TO  THIS  SECTION WHERE THE OPERATOR OF SUCH
 VEHICLE HAS BEEN CONVICTED  OF  THE  UNDERLYING  VIOLATION  OF  ANY  HOV
 RESTRICTIONS.
   (C)  FOR  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE  TWO-B  OF  THIS
 CHAPTER.
   2.  "HIGH-OCCUPANCY  VEHICLE" OR "HOV" SHALL MEAN VEHICLES WITH A HIGH
 NUMBER OF OCCUPANTS AS DETERMINED IN RULES PROMULGATED BY THE  NEW  YORK
 CITY DEPARTMENT OF TRANSPORTATION.
   3. "HOV PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING
 INDEPENDENTLY  OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES
 OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF HOV RESTRICTIONS.
   4. "HOV RESTRICTIONS" SHALL MEAN RESTRICTIONS,  WITHIN  THE  TEMPORARY
 HOV  PROGRAM, ON THE USE OF DESIGNATED AREAS OF THE WILLIAMSBURG BRIDGE,
 DURING TIME PERIODS TO BE DEFINED BY THE NEW  YORK  CITY  DEPARTMENT  OF
 TRANSPORTATION,  BY  A  VEHICLE  OTHER  THAN: (I) AN HOV; (II) A VEHICLE
 REGISTERED AS A COMMERCIAL VEHICLE PURSUANT TO PART ONE HUNDRED  SIX  OF
 TITLE  FIFTEEN  OF  THE  NEW YORK CODES, RULES AND REGULATIONS; (III) AN

 S. 8052--B                         10

 AUTHORIZED EMERGENCY VEHICLE; (IV) AN ACCESS-A-RIDE VEHICLE  AS  DEFINED
 IN  CHAPTER  FIVE  OF  TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW
 YORK; OR (V) A BUS.
   5.  "TEMPORARY  HOV PROGRAM" SHALL MEAN A TEMPORARY PROGRAM THAT OPER-
 ATES EXCLUSIVELY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG  BRIDGE
 DURING  PERIODS  OF HIGH-TRAFFIC VOLUME TO BE DETERMINED BY THE NEW YORK
 CITY DEPARTMENT OF TRANSPORTATION. DETERMINATION OF SUCH  PERIODS  SHALL
 BE MADE BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL
 TRAFFIC  ANALYSES  CONDUCTED  BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC,
 AND GUIDANCE FROM APPROPRIATE GOVERNMENT ENTITIES  REGARDING  MITIGATION
 STRATEGIES.
   (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
 THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON  INSPECTION  OF
 PHOTOGRAPHS,   MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES
 PRODUCED BY AN HOV PHOTO DEVICE, SHALL BE PRIMA FACIE  EVIDENCE  OF  THE
 FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
 OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
 INSPECTION  IN  ANY  PROCEEDING  TO  ADJUDICATE  THE  LIABILITY FOR SUCH
 VIOLATION PURSUANT TO THIS SECTION.
   (E) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (F)  OF  SECTION
 ELEVEN  HUNDRED  TEN OF THIS ARTICLE SHALL BE LIABLE FOR MONETARY PENAL-
 TIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY
 THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. THE LIABILITY  OF
 THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED THIRTY-FIVE DOLLARS;
 PROVIDED,  FURTHER,  THAT  AN  OWNER  SHALL  BE LIABLE FOR AN ADDITIONAL
 PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR  EACH  VIOLATION  FOR  THE
 FAILURE  TO  RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
 PERIOD.
   (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL  NOT  BE
 DEEMED  A  CONVICTION  OF  AN OPERATOR AND SHALL NOT BE MADE PART OF THE
 OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED,  NOR
 SHALL  IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
 CLE INSURANCE COVERAGE.
   (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
 PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
 (F)  OF  SECTION  ELEVEN  HUNDRED  TEN  OF THIS ARTICLE PURSUANT TO THIS
 SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A  MANUAL
 OR  AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
 NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
 PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
 (F) OF SECTION ELEVEN HUNDRED TEN  OF  THIS  ARTICLE  PURSUANT  TO  THIS
 SECTION,  THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN SUCH
 VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK  PLACE,  ONE  OR  MORE
 IMAGES  IDENTIFYING  THE  VIOLATION, THE DATE AND TIME OF SUCH VIOLATION
 AND THE IDENTIFICATION NUMBER OF THE HOV PHOTO DEVICE WHICH RECORDED THE
 VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
   3. THE NOTICE OF LIABILITY  SHALL  CONTAIN  INFORMATION  ADVISING  THE
 PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
 THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
 CONTAIN  A  WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST
 IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
 ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   4.  THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
 OR AGENCIES DESIGNATED BY THE CITY OF NEW  YORK,  OR  ANY  OTHER  ENTITY

 S. 8052--B                         11
 
 AUTHORIZED  BY  SUCH  CITY  TO  PREPARE  AND  MAIL  SUCH NOTIFICATION OF
 VIOLATION.
   5.  ADJUDICATION  OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
 SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
   (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF  LIABILITY  PURSUANT
 TO  THIS  SECTION  FOR  ANY  TIME  PERIOD  DURING WHICH SUCH VEHICLE WAS
 REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL  BE  A
 VALID  DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVI-
 SION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO  THIS
 SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR
 TO  THE  TIME  THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH
 TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION
 IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE
 STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL  TO  THE  PARKING  VIOLATIONS
 BUREAU OF SUCH CITY.
   (I)  1.  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
 LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS  SECTION  SHALL
 NOT  BE  LIABLE  FOR  THE VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN
 HUNDRED TEN OF THIS ARTICLE, PROVIDED THAT:
   (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  SUCH  PARKING
 VIOLATIONS  BUREAU  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SECTION TWO
 HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
   (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH  BUREAU
 OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
 CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
 SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE  OF  THE  VEHICLE
 IDENTIFIED  IN  THE  NOTICE  OF LIABILITY AT THE TIME OF SUCH VIOLATION,
 TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
 LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY  SUCH
 BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   2.  FAILURE  TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
 SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
 THIS SECTION.
   3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH  ONE  OF
 THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
 VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
 OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
 ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
 SUBDIVISION (G) OF THIS SECTION.
   (J)  IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF SECTION
 ELEVEN HUNDRED TEN OF THIS ARTICLE WAS NOT THE OPERATOR OF  THE  VEHICLE
 AT  THE  TIME  OF  THE  VIOLATION,  THE OWNER MAY MAINTAIN AN ACTION FOR
 INDEMNIFICATION AGAINST THE OPERATOR.
   (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
 OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (F) OF
 SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE.
   § 15. The opening paragraph and paragraph  (c)  of  subdivision  1  of
 section 1809 of the vehicle and traffic law, as amended by section 10 of
 chapter 222 of the laws of 2015, are amended to read as follows:
   Whenever  proceedings in an administrative tribunal or a court of this
 state result in a conviction for an offense  under  this  chapter  or  a
 traffic  infraction  under this chapter, or a local law, ordinance, rule
 or regulation adopted pursuant to this chapter,  other  than  a  traffic
 infraction  involving  standing,  stopping,  or parking or violations by
 pedestrians or bicyclists, or other than an adjudication of liability of
 an owner for a violation of subdivision (d) of  section  eleven  hundred

 S. 8052--B                         12
 
 eleven  of  this  chapter  in  accordance  with  section  eleven hundred
 eleven-a of this chapter, or other than an adjudication of liability  of
 an  owner  for  a violation of subdivision (d) of section eleven hundred
 eleven  of  this  chapter  in  accordance  with  section  eleven hundred
 eleven-b of this chapter, or other than an  adjudication  in  accordance
 with  section eleven hundred eleven-c of this chapter for a violation of
 a bus lane restriction as defined in such  section,  or  other  than  an
 adjudication of liability of an owner for a violation of subdivision (d)
 of  section  eleven  hundred  eleven  of this chapter in accordance with
 section eleven hundred eleven-d of this chapter, or other than an  adju-
 dication  of  liability  of an owner for a violation of subdivision (b),
 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
 accordance with section eleven hundred  eighty-b  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
 of  this  chapter  in accordance with section eleven hundred eighty-c of
 this chapter, or other than an adjudication of liability of an owner for
 a violation of subdivision (d) of section eleven hundred eleven of  this
 chapter in accordance with section eleven hundred eleven-e of this chap-
 ter,  OR  OTHER  THAN  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A
 VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP-
 TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  TEN-A  OF  THIS  CHAPTER,
 there  shall  be  levied  a  crime victim assistance fee and a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 accordance with the following schedule:
   (c)  Whenever  proceedings in an administrative tribunal or a court of
 this state result in a conviction for  an  offense  under  this  chapter
 other than a crime pursuant to section eleven hundred ninety-two of this
 chapter,  or  a  traffic  infraction under this chapter, or a local law,
 ordinance, rule or regulation adopted pursuant to  this  chapter,  other
 than  a  traffic  infraction involving standing, stopping, or parking or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
 liability of an owner for a violation  of  subdivision  (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-b of this chapter,  or  other  than  an  adjudication  of
 liability  of  an  owner  for  a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-d  of this chapter, or other than an infraction pursuant
 to article nine of this chapter or other than an adjudication of liabil-
 ity of an owner for a violation of toll collection regulations  pursuant
 to  section two thousand nine hundred eighty-five of the public authori-
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty or other than
 an adjudication in accordance with section eleven  hundred  eleven-c  of
 this  chapter  for  a  violation of a bus lane restriction as defined in
 such section, or other than an adjudication of liability of an owner for
 a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
 hundred eighty of this chapter in accordance with section eleven hundred
 eighty-b  of this chapter, or other than an adjudication of liability of
 an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
 section eleven hundred eighty of this chapter in accordance with section
 eleven  hundred  eighty-c of this chapter, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section

 S. 8052--B                         13
 
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-e of this chapter,  OR  OTHER  THAN  AN  ADJUDICATION  OF
 LIABILITY  OF  AN  OWNER  FOR  A VIOLATION OF SUBDIVISION (F) OF SECTION
 ELEVEN  HUNDRED  TEN  OF  THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED TEN-A OF THIS CHAPTER, there shall  be  levied  a  crime  victim
 assistance  fee in the amount of five dollars and a mandatory surcharge,
 in addition to any sentence required or permitted by law, in the  amount
 of fifty-five dollars.
   § 15-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
 as  amended  by  section  10-a  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter, or a local law,  ordinance,  rule
 or  regulation  adopted  pursuant  to this chapter, other than a traffic
 infraction involving standing, stopping, parking or motor vehicle equip-
 ment or violations by pedestrians or bicyclists, or other than an  adju-
 dication  of liability of an owner for a violation of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-a of this chapter, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-b  of  this  chapter,  or  other than an adjudication in
 accordance with section eleven hundred eleven-c of this  chapter  for  a
 violation of a bus lane restriction as defined in such section, or other
 than  an adjudication of liability of an owner for a violation of subdi-
 vision (d) of section eleven hundred eleven of this chapter  in  accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an  adjudication of liability of an owner for a violation of subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-b of this  chapter,
 or  other  than an adjudication of liability of an owner for a violation
 of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
 eighty  of this chapter in accordance with section eleven hundred eight-
 y-c of this chapter, or other than an adjudication of  liability  of  an
 owner for a violation of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-e of
 this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR
 A  VIOLATION  OF  SUBDIVISION  (F) OF SECTION ELEVEN HUNDRED TEN OF THIS
 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER,
 there shall be levied a mandatory surcharge, in addition to any sentence
 required or permitted by law, in the amount of twenty-five dollars.
   § 15-b. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  amended  by  section  10-b  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 in accordance with section eleven hundred eleven-c of this chapter for a
 violation of a bus lane restriction as defined in such section, or other
 than  an adjudication of liability of an owner for a violation of subdi-
 vision (d) of section eleven hundred eleven of this chapter  in  accord-
 ance with section eleven hundred eleven-d of this chapter, or other than
 an  adjudication of liability of an owner for a violation of subdivision

 S. 8052--B                         14
 
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-b of this  chapter,
 or  other  than an adjudication of liability of an owner for a violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-c  of  this  chapter, or other than an adjudication of liability of an
 owner for a violation of subdivision (d) of section eleven hundred elev-
 en of this chapter in accordance with section eleven hundred eleven-e of
 this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR
 A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN  HUNDRED  TEN  OF  THIS
 CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER,
 there shall be levied a mandatory surcharge, in addition to any sentence
 required or permitted by law, in the amount of seventeen dollars.
   §  15-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-c of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (b),  (c),  (d),
 (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
 ance with section eleven hundred eighty-b of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter  in accordance with section eleven hundred eighty-c of this chapter,
 or other than an adjudication of liability of an owner for  a  violation
 of  subdivision  (d) of section eleven hundred eleven of this chapter in
 accordance with section eleven hundred  eleven-d  of  this  chapter,  or
 other  than  an adjudication of liability of an owner for a violation of
 subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
 accordance  with  section  eleven  hundred  eleven-e of this chapter, OR
 OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A  VIOLATION  OF
 SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORD-
 ANCE  WITH  SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be
 levied a mandatory surcharge, in addition to any  sentence  required  or
 permitted by law, in the amount of seventeen dollars.
   §  15-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-d of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (b),  (c),  (d),
 (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
 ance with section eleven hundred eighty-c of this chapter, or other than
 an adjudication of liability of an owner for a violation of  subdivision
 (d)  of section eleven hundred eleven of this chapter in accordance with
 section eleven hundred eleven-d of this chapter, or other than an  adju-
 dication  of liability of an owner for a violation of subdivision (d) of
 section eleven hundred eleven of this chapter in accordance with section
 eleven hundred eleven-e of this chapter, OR OTHER THAN  AN  ADJUDICATION
 OF  LIABILITY  OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION

 S. 8052--B                         15
 
 ELEVEN HUNDRED TEN OF THIS CHAPTER IN  ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED  TEN-A  OF  THIS  CHAPTER,  there  shall  be  levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the amount of seventeen dollars.
   §  15-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
 as amended by section 10-e of chapter  222  of  the  laws  of  2015,  is
 amended to read as follows:
   1.  Whenever  proceedings  in an administrative tribunal or a court of
 this state result in a conviction for a crime under this  chapter  or  a
 traffic  infraction  under  this chapter other than a traffic infraction
 involving standing, stopping, parking  or  motor  vehicle  equipment  or
 violations  by  pedestrians or bicyclists, or other than an adjudication
 of liability of an owner for a violation of subdivision (d)  of  section
 eleven  hundred eleven of this chapter in accordance with section eleven
 hundred eleven-d of this chapter,  or  other  than  an  adjudication  of
 liability  of  an  owner  for  a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-e  of  this  chapter,  OR  OTHER THAN AN ADJUDICATION OF
 LIABILITY OF AN OWNER FOR A VIOLATION  OF  SUBDIVISION  (F)  OF  SECTION
 ELEVEN  HUNDRED  TEN  OF  THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED TEN-A OF  THIS  CHAPTER,  there  shall  be  levied  a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of seventeen dollars.
   § 15-f. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  amended  by  section  10-f  of  chapter  222 of the laws of 2015, is
 amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists, or other than  an  adjudication
 of  liability  of an owner for a violation of subdivision (d) of section
 eleven hundred eleven of this chapter in accordance with section  eleven
 hundred  eleven-e  of  this  chapter,  OR  OTHER THAN AN ADJUDICATION OF
 LIABILITY OF AN OWNER FOR A VIOLATION  OF  SUBDIVISION  (F)  OF  SECTION
 ELEVEN  HUNDRED  TEN  OF  THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
 HUNDRED TEN-A OF  THIS  CHAPTER,  there  shall  be  levied  a  mandatory
 surcharge,  in addition to any sentence required or permitted by law, in
 the amount of seventeen dollars.
   § 15-g. Subdivision 1 of section 1809 of the vehicle and traffic  law,
 as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
 of the laws of 1989, is amended to read as follows:
   1. Whenever proceedings in an administrative tribunal or  a  court  of
 this  state  result  in a conviction for a crime under this chapter or a
 traffic infraction under this chapter other than  a  traffic  infraction
 involving  standing,  stopping,  parking  or  motor vehicle equipment or
 violations by pedestrians or bicyclists, OR OTHER THAN  AN  ADJUDICATION
 OF  LIABILITY  OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION
 ELEVEN HUNDRED TEN OF THIS CHAPTER IN  ACCORDANCE  WITH  SECTION  ELEVEN
 HUNDRED  TEN-A  OF  THIS  CHAPTER,  there  shall  be  levied a mandatory
 surcharge, in addition to any sentence required or permitted by law,  in
 the amount of seventeen dollars.
   §  16.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11 of chapter 222 of the laws  of
 2015, is amended to read as follows:

 S. 8052--B                         16
 
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter or in accordance with section eleven hundred eleven-d of this  chap-
 ter, or in accordance with section eleven hundred eleven-e of this chap-
 ter, and except an adjudication of liability of an owner for a violation
 of  subdivision  (d) of section eleven hundred eleven of this chapter in
 accordance with section eleven hundred eleven-b  of  this  chapter,  and
 except  an  adjudication  in  accordance  with  section  eleven  hundred
 eleven-c of this chapter of a violation of a  bus  lane  restriction  as
 defined  in  such section, and except an adjudication of liability of an
 owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
 section eleven hundred eighty of this chapter in accordance with section
 eleven  hundred  eighty-b of this chapter, and except an adjudication of
 liability of an owner for a violation of subdivision (b), (c), (d),  (f)
 or  (g)  of  section eleven hundred eighty of this chapter in accordance
 with section eleven hundred eighty-c of  this  chapter,  and  except  an
 adjudication of liability of an owner for a violation of toll collection
 regulations pursuant to section two thousand nine hundred eighty-five of
 the   public  authorities  law  or  sections  sixteen-a,  sixteen-b  and
 sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A
 VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP-
 TER  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER,
 there shall be levied in addition to  any  sentence,  penalty  or  other
 surcharge required or permitted by law, an additional surcharge of twen-
 ty-eight dollars.
   §  16-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-a of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter,  and  except  an  adjudication  in  accordance  with section eleven
 hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
 restriction  as  defined  in such section, and except an adjudication of
 liability of an owner for a violation of subdivision (b), (c), (d),  (f)
 or  (g)  of  section eleven hundred eighty of this chapter in accordance
 with section eleven hundred eighty-b of  this  chapter,  and  except  an
 adjudication  of  liability  of  an owner for a violation of subdivision

 S. 8052--B                         17
 
 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
 ter in accordance with section eleven hundred eighty-c of this  chapter,
 and  except  an adjudication of liability of an owner for a violation of
 toll  collection  regulations  pursuant  to  section  two  thousand nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws  of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY
 OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
 TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  TEN-A  OF
 THIS CHAPTER, there shall be levied in addition to any sentence, penalty
 or other surcharge required or permitted by law, an additional surcharge
 of twenty-eight dollars.
   §  16-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-b of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter, and except an adjudication of liability of an owner for a violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-b of this chapter, and except an adjudication of liability of an owner
 for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section
 eleven hundred eighty of this chapter in accordance with section  eleven
 hundred  eighty-c of this chapter, and except an adjudication of liabil-
 ity of an owner for a violation of toll collection regulations  pursuant
 to  section two thousand nine hundred eighty-five of the public authori-
 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
 hundred seventy-four of the laws of nineteen hundred fifty,  AND  EXCEPT
 AN  ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
 (F) OF SECTION ELEVEN HUNDRED TEN OF THIS  CHAPTER  IN  ACCORDANCE  WITH
 SECTION  ELEVEN  HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in
 addition to any sentence, penalty or other surcharge required or permit-
 ted by law, an additional surcharge of twenty-eight dollars.
   § 16-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic  law, as amended by section 11-c of chapter 222 of the laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a court or  an  administrative  tribunal  of  this  state  result  in  a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-

 S. 8052--B                         18
 
 ter or in accordance with section eleven hundred eleven-d of this  chap-
 ter  or in accordance with section eleven hundred eleven-e of this chap-
 ter, and except an adjudication of liability of an owner for a violation
 of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
 eighty of this chapter in accordance with section eleven hundred  eight-
 y-c of this chapter, and except an adjudication of liability of an owner
 for  a  violation of toll collection regulations pursuant to section two
 thousand nine hundred eighty-five  of  the  public  authorities  law  or
 sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
 seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN  ADJU-
 DICATION  OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF
 SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN  ACCORDANCE  WITH  SECTION
 ELEVEN  HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition
 to any sentence, penalty or other surcharge  required  or  permitted  by
 law, an additional surcharge of twenty-eight dollars.
   §  16-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-d of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred eleven-d of this chap-
 ter or in accordance with section eleven hundred eleven-e of this  chap-
 ter, and except an adjudication of liability of an owner for a violation
 of  toll  collection  regulations  pursuant to section two thousand nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
 laws  of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY
 OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
 TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  TEN-A  OF
 THIS CHAPTER, there shall be levied in addition to any sentence, penalty
 or other surcharge required or permitted by law, an additional surcharge
 of twenty-eight dollars.
   §  16-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
 and traffic law, as amended by section 11-e of chapter 222 of  the  laws
 of 2015, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a  court  or  an  administrative  tribunal  of  this  state  result in a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic infraction under this chapter, or a local law,  ordinance,  rule  or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists,  and  except  an adjudication of liability of an owner for a
 violation of subdivision (d) of section eleven hundred  eleven  of  this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter  or in accordance with section eleven hundred-e of this chapter, and
 except an adjudication of liability of an owner for a violation of  toll
 collection  regulations  pursuant  to  section two thousand nine hundred

 S. 8052--B                         19
 
 eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF  LIABILITY
 OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
 TEN  OF  THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF
 THIS CHAPTER, there shall be levied in addition to any sentence, penalty
 or other surcharge required or permitted by law, an additional surcharge
 of twenty-eight dollars.
   § 16-f. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
 and  traffic law, as amended by section 5 of part C of chapter 55 of the
 laws of 2013, is amended to read as follows:
   a. Notwithstanding any other provision of law, whenever proceedings in
 a court or  an  administrative  tribunal  of  this  state  result  in  a
 conviction for an offense under this chapter, except a conviction pursu-
 ant to section eleven hundred ninety-two of this chapter, or for a traf-
 fic  infraction  under  this chapter, or a local law, ordinance, rule or
 regulation adopted pursuant to this chapter, except a traffic infraction
 involving standing, stopping, or parking or violations by pedestrians or
 bicyclists, and except an adjudication of liability of an  owner  for  a
 violation  of  subdivision  (d) of section eleven hundred eleven of this
 chapter in accordance with section eleven hundred eleven-a of this chap-
 ter, and except an adjudication of liability of an owner for a violation
 of toll collection regulations pursuant to  section  two  thousand  nine
 hundred eighty-five of the public authorities law or sections sixteen-a,
 sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
 laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF  LIABILITY
 OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
 TEN  OF  THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF
 THIS CHAPTER, there shall be levied in addition to any sentence, penalty
 or other surcharge required or permitted by law, an additional surcharge
 of twenty-eight dollars.
   § 17. Subdivision 2 of section  87  of  the  public  officers  law  is
 amended by adding a new paragraph (p) to read as follows:
   (P)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
 IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED TEN-A  OF  THE
 VEHICLE AND TRAFFIC LAW.
   §  18. The New York city department of transportation shall: (i) prior
 to implementing a  temporary high-occupancy vehicle (HOV) program on the
 Williamsburg bridge as authorized by section 1110-a of the  vehicle  and
 traffic  law, as added by section fourteen of this act, and in consulta-
 tion with the metropolitan transportation authority, in accordance  with
 subdivision 4 of section 1268 of the public authorities law, as added by
 section  four  of  this  act,  communicate  to the public, including the
 affected communities in New York and Kings counties, the  plan  for  HOV
 restrictions  so as to maximize awareness of such temporary HOV program;
 (ii) for at least 40 days  prior  to  implementing  such  temporary  HOV
 program, send by first class mail notice of such upcoming implementation
 to  the owner of any vehicle that is not a bus, a commercial vehicle, an
 authorized emergency vehicle, or an access-a-ride vehicle, identified as
 having been driven on the Williamsburg  bridge  with  fewer  than  three
 occupants during time periods defined by the New York city department of
 transportation  in  accordance  with the provisions of section 1110-a of
 the vehicle and traffic law, as added by section fourteen of  this  act;
 and  (iii)  take such measures as are necessary to implement such tempo-
 rary HOV program prior to its implementation, including promulgating any
 rules and regulations necessary for  the  implementation  of  this  act.

 S. 8052--B                         20
 
 Failure  to  comply with the provisions of this section shall not affect
 the validity or implementation of the temporary HOV  program  authorized
 by  section  1110-a  of the vehicle and traffic law, as added by section
 fourteen of this act.
   §  19.  The  purchase  or lease of equipment for a program established
 pursuant to section 1110-a of the  vehicle  and  traffic  law  shall  be
 subject to the provisions of section 103 of the general municipal law.
   §  20.  (a)  This act shall take effect immediately provided, however,
 that sections one through three of this act shall expire and  be  deemed
 repealed  September  1,  2020; provided, however, that the amendments to
 paragraph 5 of subdivision (c) of section  1111-c  of  the  vehicle  and
 traffic  law,  made  by  section three of this act, shall not affect the
 repeal of such section and shall be deemed repealed therewith  provided,
 further,  that  sections  four through seventeen and section nineteen of
 this act shall take effect April 1,  2019,  and  sections  four  through
 nineteen  of  this act shall expire and be deemed repealed July 1, 2020,
 except that  if  the  metropolitan  transportation  authority  completes
 repairs  on  the  Canarsie  tunnel  prior to July 1, 2020, sections four
 through nineteen of this act shall expire and be deemed repealed on such
 prior date; provided  that  the  metropolitan  transportation  authority
 shall  notify  the  legislative bill drafting commission upon the occur-
 rence of such completion of the Canarsie tunnel occurring prior to  July
 1, 2020 in order that the commission may maintain an accurate and timely
 effective  database of the official text of the laws of the state of New
 York in furtherance of effectuating the provisions of section 44 of  the
 legislative law and section 70-b of the public officers law;
   (b) notwithstanding the expiration and repeal of certain provisions of
 this  act, any violations issued prior to July 1, 2020 or the prior date
 upon which sections four through nineteen of this  act  expires  and  is
 deemed  repealed  pursuant to subdivision (a) of this section, whichever
 occurs first, may be adjudicated after such date;
   (c) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section fifteen of this act  shall  not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of  section  fifteen-a  of  this  act
 shall take effect;
   (d) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made by section fifteen-a of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon  such  date  the  provisions of section fifteen-b of this act
 shall take effect;
   (e) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section fifteen-b of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of  section  fifteen-c  of  this  act
 shall take effect;
   (f) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made by section fifteen-c of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon  such  date  the  provisions of section fifteen-d of this act
 shall take effect;
   (g) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic law made by section fifteen-d of this act shall not  affect  the
 expiration  of such subdivision and shall be deemed to expire therewith,
 when upon such date the provisions of  section  fifteen-e  of  this  act
 shall take effect;

 S. 8052--B                         21

   (h) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made by section fifteen-e of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon  such  date  the  provisions of section fifteen-f of this act
 shall take effect;
   (i) the amendments to subdivision 1 of section 1809 of the vehicle and
 traffic  law  made by section fifteen-f of this act shall not affect the
 expiration of such subdivision and shall be deemed to expire  therewith,
 when  upon  such  date  the  provisions of section fifteen-g of this act
 shall take effect;
   (j) the amendments to paragraph a of subdivision 1 of  section  1809-e
 of the vehicle and traffic law made by section sixteen of this act shall
 not  affect  the  expiration  of  such  paragraph and shall be deemed to
 expire  therewith,  when  upon  such  date  the  provisions  of  section
 sixteen-a of this act shall take effect;
   (k)  the  amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section  sixteen-a  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when  upon  such  date  the  provisions  of  section
 sixteen-b of this act shall take effect;
   (l) the amendments to paragraph a of subdivision 1 of  section  1809-e
 of  the  vehicle  and  traffic law made by section sixteen-b of this act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when  upon  such  date  the  provisions  of  section
 sixteen-c of this act shall take effect;
   (m)  the  amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section  sixteen-c  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when  upon  such  date  the  provisions  of  section
 sixteen-d of this act shall take effect;
   (n) the amendments to paragraph a of subdivision 1 of  section  1809-e
 of  the  vehicle  and  traffic law made by section sixteen-d of this act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when  upon  such  date  the  provisions  of  section
 sixteen-e of this act shall take effect; and
   (o)  the  amendments to paragraph a of subdivision 1 of section 1809-e
 of the vehicle and traffic law made by section  sixteen-e  of  this  act
 shall not affect the expiration of such paragraph and shall be deemed to
 expire  therewith,  when  upon  such  date  the  provisions  of  section
 sixteen-f of this act shall take effect.