S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4797--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced  by  M.  of  A. RA, BRABENEC -- read once and referred to the
   Committee on Corporations, Authorities and Commissions --  recommitted
   to  the  Committee  on  Corporations,  Authorities  and Commissions in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the public authorities law, in  relation  to  the  board
   submitting  a  recommendation  regarding the central business district
   toll amounts to the legislature and recommending a privacy risk plan
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 legislative  accountability  is a core element in any democratic polity.
 The commuter tax legislation 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 legis-
 lative accountability by requiring that the legislature approve any rate
 established for the commuter tax.
   § 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]  APRIL  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] TWENTY-THREE.
 Such  recommendation shall be submitted to the LEGISLATURE FOR APPROVAL.
 THE LEGISLATURE SHALL VOTE ON SUCH RECOMMENDATION BY JUNE  THIRTY-FIRST,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09044-02-2
              

 A. 4797--A                          2
 
 TWO  THOUSAND  TWENTY-THREE.  THE  AUTHORITY  SHALL ONLY BE PERMITTED TO
 ESTABLISH CENTRAL BUSINESS TOLL DISTRICT  AMOUNTS  IF  APPROVED  BY  THE
 LEGISLATURE.  IF  APPROVED BY THE LEGISLATURE, SUCH RECOMMENDATION SHALL
 BE  SUBMITTED TO THE board of the Triborough bridge and tunnel authority
 for consideration before the  Triborough  bridge  and  tunnel  authority
 board  may  approve  central  business district toll amounts that may be
 established 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.