S T A T E O F N E W Y O R K
________________________________________________________________________
9807--A
I N A S S E M B L Y
February 13, 2020
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Corporations, Authorities and Commissions -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the public authorities law, in relation to the board
submitting a recommendation regarding the central business district
toll amounts to the legislature and recommending a privacy risk plan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds and declares that
legislative accountability is a core element in any democratic polity.
The commuter tax legislation passed last year tried to sidestep that
accountability by passing off the burden of establishing the commuter
tax rates to unelected bureaucrats and announcing such rates the week
after the 2020 election. This legislation would restore the crucial
element of legislative accountability by requiring not only that the
legislature approve any rate established for the commuter tax, but also
conditioning that approval be made before the upcoming election.
§ 2. Subdivisions 2 and 3 of section 553-k of the public authorities
law, as added by section 8 of subpart A of part ZZZ of chapter 59 of the
laws of 2019, are amended to read as follows:
2. The board shall make a recommendation regarding the central busi-
ness district toll amounts to be established pursuant to article forty-
four-C of the vehicle and traffic law, which shall include a variable-
pricing structure, no [sooner] LATER than [November] OCTOBER fifteenth,
two thousand twenty [and no later than December thirty-first, two thou-
sand twenty, or no later than thirty days before a central business
district tolling program is initiated, whichever is later]. Such recom-
mendation shall be submitted to the LEGISLATURE FOR APPROVAL. THE
LEGISLATURE SHALL VOTE ON SUCH RECOMMENDATION BY JANUARY THIRTY-FIRST,
TWO THOUSAND TWENTY-ONE. THE AUTHORITY SHALL ONLY BE PERMITTED TO ESTAB-
LISH CENTRAL BUSINESS TOLL DISTRICT AMOUNTS IF APPROVED BY THE LEGISLA-
TURE. IF APPROVED BY THE LEGISLATURE, SUCH RECOMMENDATION SHALL BE
SUBMITTED TO THE board of the Triborough bridge and tunnel authority for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14855-03-0
A. 9807--A 2
consideration before the Triborough bridge and tunnel authority board
may approve central business district toll amounts that may be estab-
lished and adopted.
3. For purposes of recommending a central business district toll or
tolls in addition to the goal of reducing traffic within the central
business district, the board shall, at minimum, ensure that annual
revenues and fees collected under such program, less costs of such
program, provide for revenues into the central business district tolling
capital lockbox fund, established pursuant to section five hundred
fifty-three-j of this [chapter] TITLE, necessary to fund fifteen billion
dollars for capital projects for the 2020 to 2024 capital program, and
any additional revenues above that amount to be available for any
successor program. The board shall consider for purposes of its recom-
mendations, factors including but not limited to, traffic patterns,
traffic mitigation measures, operating costs, public impact, public
safety, hardships, vehicle type, discounts for motorcycles, peak and
off-peak rates and environmental impacts, including but not limited to
air quality and emissions trends. The board shall recommend a plan for
credits, discounts, and/or exemptions for tolls paid on bridges and
crossings which shall be informed by a traffic study associated with the
impact of any such credits, discounts and/or exemptions on the recom-
mended toll. The board shall recommend a plan for credits, discounts,
and/or exemptions for for-hire vehicles defined, and subject to a
surcharge imposed by, article twenty-nine-C of the tax law for a for-
hire transportation trip based on factors including, but not limited to,
initial market entry costs associated with licensing and regulation,
comparative contribution to congestion in the central business district,
and general industry impact. THE BOARD SHALL RECOMMEND A PRIVACY RISK
PLAN IN RELATION TO THE COLLECTION, PROCESSING, TRANSFER AND DISCLOSURE
OF PERSONAL DATA, INCLUDING, BUT NOT LIMITED TO, HISTORICAL OR REAL-TIME
GEOLOCATION DATA, UNDER SUCH A PROGRAM AND REQUIRE THAT USE, DISCLOSURE
OR ACCESS TO AN INDIVIDUAL'S PERSONAL DATA SHALL REQUIRE AFFIRMATIVE,
EXPRESS CONSENT OF THE INDIVIDUAL. The board shall produce a detailed
report that provides information regarding the board's review and analy-
sis for purposes of establishing its recommendations, including but not
limited to, all of the considerations referred to in this subdivision.
The board shall not recommend a toll that provides for charging passen-
ger vehicles registered pursuant to subdivision six of section four
hundred one of the vehicle and traffic law more than once per day.
§ 3. This act shall take effect immediately.