Senate Bill S7729A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7729
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2023
                                ___________
 
 Introduced  by  Sen.  CHU  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public authorities law, in relation to  the  suspen-
   sion of tolls collected by the New York state thruway authority during
   a state declaration of disaster emergency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 361 of the public
 authorities law, as amended by chapter 621  of  the  laws  of  1998,  is
 amended to read as follows:
   (a)  In  addition  to  the powers conferred by the vehicle and traffic
 law, the authority is hereby authorized to  promulgate  such  rules  and
 regulations for the use and occupancy of the thruway as may be necessary
 and  proper  for the public safety and convenience, for the preservation
 of its property and for the collection of  tolls  and  provided  further
 that  the  authority,  in  consultation with the departments of environ-
 mental conservation and transportation, is hereby authorized to  promul-
 gate  rules  and regulations necessary to implement a heavy duty vehicle
 roadside inspection program pursuant to section 19-0320 of the  environ-
 mental  conservation law. SUCH RULES AND REGULATIONS SHALL AUTHORIZE AND
 REQUIRE THE SUSPENSION OF THE COLLECTION OF SUCH TOLLS UPON  ANY  PERSON
 USING AND OCCUPYING THE THRUWAY DURING A STATE DECLARED EMERGENCY EVACU-
 ATION  DECLARED  AS  A  RESULT  OF A NATURAL OR A MAN-MADE DISASTER, AND
 SUBJECT TO A REQUIRED EVACUATION  FOR  SUCH  DISASTER,  DURING  A  STATE
 DECLARATION  OF  DISASTER  EMERGENCY PURSUANT TO SECTION TWENTY-EIGHT OF
 THE EXECUTIVE LAW.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately the  addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13385-02-3
              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7729--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 27, 2023
                                ___________
 
 Introduced  by  Sens.  CHU, RAMOS -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules --  recommitted
   to  the  Committee on Transportation in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted to said committee -- reported favorably from
   said committee and committed to the Committee on Finance --  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 suspen-
   sion of tolls on public roads during a state declaration  of  disaster
   emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 553 of the public authorities law,
 as amended by chapter 626 of the law of  1963,  is  amended  and  a  new
 subdivision 5-a is added to read as follows:
   5.  To  make by-laws for the management and regulation of its affairs,
 and subject to agreements with bondholders, rules  and  regulations  for
 the  regulation  of  the  use  of  the project and the establishment and
 collection of tolls thereon.  SUCH RULES AND REGULATIONS SHALL AUTHORIZE
 AND REQUIRE THE SUSPENSION OF THE COLLECTION  OF  SUCH  TOLLS  UPON  ANY
 PERSON  USING  AND  OCCUPYING  PUBLIC ROADS ON WHICH TOLLS ARE COLLECTED
 DURING A STATE DECLARED EMERGENCY EVACUATION DECLARED AS A RESULT  OF  A
 NATURAL  OR  A HUMAN-MADE DISASTER, AND SUBJECT TO A REQUIRED EVACUATION
 FOR SUCH DISASTER, DURING A  STATE  DECLARATION  OF  DISASTER  EMERGENCY
 PURSUANT  TO  SECTION  TWENTY-EIGHT  OF THE EXECUTIVE LAW. Violations of
 such rules and regulations shall be a misdemeanor punishable by  a  fine
 of  not  exceeding  fifty dollars or by imprisonment for not longer than
 thirty days, or both, except that violation of any  rule  or  regulation
 governing  or  regulating traffic on the projects of the authority shall

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13385-07-4
 S. 7729--B                          2
              

 
 be a traffic infraction as the same is defined in the vehicle and  traf-
 fic law and shall be punishable as such;
   5-A.  NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY
 CONTRACTS, A SUSPENSION PURSUANT TO SUBDIVISION  FIVE  OF  THIS  SECTION
 SHALL IN NO WAY LIMIT OR IMPAIR THE RIGHTS AND REMEDIES OF THE BONDHOLD-
 ERS OF THE AUTHORITY UNTIL SUCH BONDS, TOGETHER WITH ANY INTEREST THERE-
 ON,  WITH INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST, AND ALL COSTS
 AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR ON BEHALF
 OF SUCH HOLDERS, ARE FULLY MET AND DISCHARGED. THE  PROVISIONS  OF  THIS
 PARAGRAPH  SHALL  NOT IN ANY WAY LIMIT OR ALTER THE RIGHTS HEREBY VESTED
 IN THE AUTHORITY TO FULFILL THE TERMS OF ANY AGREEMENTS  MADE  WITH  ITS
 BONDHOLDERS PURSUANT TO THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.