| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 16, 2025 |
referred to transportation |
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Senate Bill S2344
2025-2026 Legislative Session
Dissolves the New York state thruway authority, and transferring all functions, duties, debts, and obligations of such authority to the department of transportation; repealer
download bill text pdfSponsored By
(R, C) 49th Senate District
Current Bill Status - In Senate Committee Transportation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S2344 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7921
- Current Committee:
- Senate Transportation
- Law Section:
- Banking Law
- Laws Affected:
- Amd Various Laws, generally
- Versions Introduced in 2023-2024 Legislative Session:
-
S8341
2025-S2344 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2344
SPONSOR: WALCZYK
TITLE OF BILL:
An act to amend the banking law, the canal law, the economic development
law, the court of claims act, the environmental conservation law, the
executive law, the highway law, the parks, recreation and historic pres-
ervation law, the public authorities law, the public officers law, the
real property tax law, the retirement and social security law, the state
finance law, the tax law, the transportation law, the vehicle and traf-
fic law, and the veterans' services law, in relation to dissolving the
New York state thruway authority, and transferring all functions,
duties, debts, and obligations of such authority to the department of
transportation; and to repeal certain provisions of the public authori-
ties law, the criminal procedure law, the environmental conservation
law, the highway law, the public officers law, the retirement and social
security law, the state finance law, and the transportation law, in
relation thereto
PURPOSE OR GENERAL IDEA OF BILL:
This bill abolishes the New York State Thruway Authority in its entirety
SUMMARY OF PROVISIONS: Section 1: Abolishes the New York State Thruway Authority (NYSTA) and transfers all duties, debts, functions, and operations to the New York State Department of Transportation (DOT). Section 2: Transfers all NYSTA functions to DOT. Section 3: Transfers all NYSTA employees to DOT. Section 4: Transfers all NYSTA records to DOT. Section 5: Establishes the continuity of authority from the NYSTA to DOT. Section 6: Establishes the completion of unfinished business from the NYSTA to DOT. Section 7: Establishes the continuity of rules and regulations from the NYSTA to DOT. Section 8: Designates DOT as the new reference point in case the NYSTA is mentioned in laws, contracts, and other documents. Section 9: Establishes that no existing right or remedy of any character shall be lost, impaired, or affected by this act. Section 10: Establishes that all pending actions and proceedings against the NYSTA shall be transferred to DOT upon the bill becoming law. Section 11: Transfers all assets and liabilities from NYSTA to DOT. JUSTIFICATION: The New York State Thruway Authority must be abolished. Unfortunately, it has cost New Yorkers a great deal of money since its inception. The main purpose of the Thruway Authority was to manage the Thruway in its infancy, when it was paid for with bonds. To generate revenue to pay off said bonds, the State utilized tolls. The Governor at the time, Thomas Dewey, promised that tolls would go away once the bonds were paid for The bonds were paid off in 1992, but the tolls remain. In recent years, tolls have increased dramatically as well. New Yorkers deserve better. This bill would move all of the Thruway Authority's functions to the Department of Transportation. PRIOR LEGISLATIVE HISTORY: S8341 (2024): Referred to Transportation FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Savings due to consolidation of the Thruway Authority and the Department of Transportation. EFFECTIVE DATE: Immediately
2025-S2344 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2344
2025-2026 Regular Sessions
I N S E N A T E
January 16, 2025
___________
Introduced by Sen. WALCZYK -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the banking law, the canal law, the economic development
law, the court of claims act, the environmental conservation law, the
executive law, the highway law, the parks, recreation and historic
preservation law, the public authorities law, the public officers law,
the real property tax law, the retirement and social security law, the
state finance law, the tax law, the transportation law, the vehicle
and traffic law, and the veterans' services law, in relation to
dissolving the New York state thruway authority, and transferring all
functions, duties, debts, and obligations of such authority to the
department of transportation; and to repeal certain provisions of the
public authorities law, the criminal procedure law, the environmental
conservation law, the highway law, the public officers law, the
retirement and social security law, the state finance law, and the
transportation law, in relation thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 1. Dissolution of the New York state thruway authority. The
New York state thruway authority is hereby dissolved and discontinued,
and all functions, duties, debts, and obligations are hereby transferred
to the department of transportation in accordance with the provisions of
this act.
2. Transfer of functions. All of the functions and powers possessed
by, and all of the obligations and duties of the New York state thruway
authority are transferred and assigned to, assumed by and devolved upon
the department of transportation, in accordance with and pursuant to the
provisions of this act.
3. Transfer of employees. Notwithstanding any other provision of law,
rule, or regulation to the contrary, upon the transfer of functions from
the New York state thruway authority pursuant to this act, all employees
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05551-01-5
S. 2344 2
of the New York state thruway authority shall be transferred to the
department of transportation. Employees transferred pursuant to this
section shall be transferred without further examination or qualifica-
tion and shall retain their respective civil service classifications,
status and collective bargaining unit designations and collective
bargaining agreements.
4. Transfer of records. All books, papers, and property of the New
York state thruway authority shall be provided to and deemed to be in
the possession of the department of transportation.
5. Continuity of authority. For the purpose of succession of all func-
tions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the department of
transportation shall be deemed and held to constitute the continuation
of the New York state thruway authority.
6. Completion of unfinished business. Any business or other matter
undertaken or commenced by the New York state thruway authority pertain-
ing to or connected with the functions, powers, obligations and duties
hereby transferred and assigned to the department of transportation and
pending on the effective date of this act, may be conducted and
completed by the department of transportation in the same manner and
under the same terms and conditions and with the same effect as if
conducted and completed by the New York state thruway authority.
7. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the New York state thru-
way authority pertaining to the functions and powers transferred and
assigned pursuant to this act, in force at the time of such transfer and
assumption, shall continue in full force and effect as rules, regu-
lations, acts, orders, determinations and decisions of the department of
transportation until duly modified or abrogated by such department.
8. Terms occurring in laws, contracts and other documents. Whenever
the New York state thruway authority, or the board thereof, is referred
to or designated in any contract or document pertaining to the func-
tions, powers, obligations and duties hereby transferred to and assigned
to the department of transportation, such reference or designation shall
be deemed to refer to the department of transportation.
9. Existing rights and remedies preserved. No existing right or remedy
of any character shall be lost, impaired or affected by any provisions
of this act.
10. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or against the
New York state thruway authority, or the board thereof, shall be
affected by any provision of this act, but the same may be prosecuted or
defended in the name of the department of transportation. In all such
actions and proceedings, the department of transportation, upon applica-
tion of the court, shall be substituted as a party.
11. Transfer of assets and liabilities. All assets and liabilities of
the New York state thruway authority are hereby transferred to and
assumed by the department of transportation.
§ 2. Paragraph (c) of subdivision 1 of section 103 of the banking law,
as amended by chapter 227 of the laws of 2013, is amended to read as
follows:
(c) Loans (exclusive of any loan described in paragraph (a) of this
subdivision) to any state other than the state of New York, or to any
foreign nation, [the New York State thruway authority,] the Triborough
bridge and tunnel authority, The Port of New York Authority, a railroad
corporation, a municipal corporation of this state, a corporation
S. 2344 3
subject to the jurisdiction of a public service commission of this
state, or any international lending facility or public benefit corpo-
ration designated by the superintendent by regulation, may equal but not
exceed twenty-five per centum of the capital stock, surplus fund and
undivided profits of such bank or trust company.
§ 3. Subdivision 24 of section 2 of the canal law, as added by section
14 of part TT of chapter 54 of the laws of 2016, is amended to read as
follows:
24. "[Thruway] FORMER THRUWAY authority" shall mean the FORMER New
York state thruway authority, a body corporate and politic FORMERLY
constituting a public corporation created and constituted pursuant to
THE FORMER title nine of article two of the public authorities law.
§ 4. Section 5 of the canal law, as amended by section 16 of part TT
of chapter 54 of the laws of 2016, is amended to read as follows:
§ 5. Transfer of powers and duties relating to canals and canal lands
to the power authority of the state of New York. The powers and duties
of the FORMER thruway authority relating to the New York state canal
system as set forth in articles one through and including fourteen,
except article seven, of this chapter, and except properties in use on
the effective date of this article in support of highway maintenance,
equipment management and traffic signal operations of the department of
transportation, heretofore transferred by the commissioner of transpor-
tation to the FORMER thruway authority, are hereby transferred to and
merged with the authority, to be exercised by the authority directly or
through the canal corporation on behalf of the people of the state of
New York. In addition, the commissioner of transportation and the chair
of the authority or [his or her] THEIR designee may, in their
discretion, enter into an agreement or agreements transferring the
powers and duties of the commissioner of transportation relating to any
or all of the bridges and highways as set forth in article seven of this
chapter, to be exercised by the authority directly or through the canal
corporation on behalf of the people of the state of New York, and, as
determined to be feasible and advisable by the authority's trustees,
shall enter into an agreement or agreements directly or through the
canal corporation for the financing, construction, reconstruction or
improvement of lift and movable bridges on the canal system. Such powers
shall be in addition to other powers enumerated in title one of article
five of the public authorities law. All of the provisions of title one
of article five of such law which are not inconsistent with this chapter
shall apply to the actions and duties of the authority pursuant to this
chapter. The authority shall be deemed to be the state in exercising the
powers and duties transferred pursuant to this section but for no other
purposes.
§ 5. Section 6 of the canal law, as added by chapter 766 of the laws
of 1992, and subdivisions 1, 2, 3, 4 and 5 as amended by section 17, and
subdivision 6 as amended and paragraphs (c) and (d) of subdivision 6 and
subdivision 7 as added by section 18 of part TT of chapter 54 of the
laws of 2016, is amended to read as follows:
§ 6. Transfer of canal lands and other assets. 1. The jurisdiction of
the FORMER thruway authority over the New York state canal system and
over all state assets, equipment and property, both tangible and intan-
gible, owned or used in connection with the planning, development,
construction, reconstruction, maintenance and operation of the New York
state canal system, as set forth in articles one through and including
fourteen, except article seven, of this chapter, and except properties
in use on the effective date of this article in support of highway main-
S. 2344 4
tenance, equipment management and traffic signal operations of the
department of transportation, heretofore transferred by the commissioner
of transportation to the FORMER thruway authority, are hereby trans-
ferred without consideration to the authority, to be held by the author-
ity in the name of the people of the state of New York. In addition the
commissioner of transportation and the chair of the authority or [his or
her] SUCH COMMISSIONER'S OR CHAIR'S designee may, in their discretion,
enter into an agreement or agreements transferring jurisdiction over any
or all of the bridges and highways set forth in article seven of this
chapter, and any or all state assets, equipment and property, both
tangible and intangible, owned or used in connection with the planning,
development, construction, reconstruction, maintenance and operation of
such bridges and highways, which shall be transferred without consider-
ation to the authority, to be held by the authority through the corpo-
ration in the name of the people of the state of New York. Any other
rights and obligations resulting from or arising out of the planning,
development, construction, reconstruction, operation or maintenance of
the New York state canal system shall be deemed assigned to and shall be
exercised by the authority through the corporation[, except that the
authority may designate the chair of the thruway authority to be its
agent for the operation and maintenance of the New York state canal
system, provided that such designation shall have no force or effect
after January first, two thousand seventeen]. Such canal system shall
remain the property of the state and under its management and control as
exercised by and through the authority, through the corporation which
shall be deemed to be the state for the purposes of such management and
control of the canals but for no other purposes.
2. The department of transportation [and thruway authority] shall
deliver to the authority all books, policies, procedures, papers, plans,
maps, records, equipment and property of such department pertaining to
the functions transferred pursuant to this article.
3. All rules, regulations, acts, determinations, orders and decisions
of the commissioner of transportation, department of transportation, or
FORMER thruway authority pertaining to the functions transferred pursu-
ant to this article in force at the time of such transfer shall continue
in force and effect as rules, regulations, acts, determinations, orders
and decisions of the authority and corporation until duly modified or
abrogated by such authority or corporation.
4. Any business or other matters undertaken or commenced by the FORMER
thruway authority, including executed contracts, permits and other
agreements, but excluding bonds, notes or other evidences of indebt-
edness, pertaining to or connected with the powers, duties and obli-
gations transferred pursuant to this article, and in effect on the
effective date of the transfer of such matters from the FORMER thruway
authority to the authority provided for in this article, shall, except
as otherwise agreed by the authority and the FORMER thruway authority,
be conducted and completed by the authority through the corporation in
the same manner and under the same terms and conditions and with the
same effect as if conducted and completed by the FORMER thruway authori-
ty, provided that nothing in this subdivision shall be deemed to require
the authority to take any action in a manner that would in its judgment
be inconsistent with the provisions of any bond or note resolution or
any other contract with the holders of the authority's bonds, notes or
other obligations.
S. 2344 5
5. No existing rights or remedies of the state, authority, [thruway
authority,] or canal corporation shall be lost, impaired or affected by
reason of this article.
[6. (a) No action or proceeding pending on the effective date of the
transfer of powers, duties and obligations from the thruway authority to
the authority brought by or against the thruway authority, the commis-
sioner of transportation, the corporation, the department of transporta-
tion or the authority shall be affected by this article. Any liability
arising out of any act or omission occurring prior to the effective date
of the transfer of the powers, duties and obligations from the thruway
authority to the authority, of the officers, employees or agents of the
thruway authority, the department of transportation, or any other agency
of the state, other than the authority, in the performance of their
obligations or duties under the canal law, any other law of the state or
any federal law, or pursuant to a contract entered into prior to the
effective date of such transfer, shall remain a liability of the thruway
authority, the department of transportation or such other agency of the
state and not of the authority.
(b) Notwithstanding any provision to the contrary contained in para-
graph (a) of this subdivision, the state shall indemnify and hold harm-
less the thruway authority, the corporation and the authority for any
and all claims, damages, or liabilities, whether or not caused by negli-
gence, including civil and criminal fines, arising out of or relating to
any generation, processing, handling, transportation, storage, treat-
ment, or disposal of solid or hazardous wastes in the canal system by
any person or entity other than the thruway authority or the authority
occurring prior to August third, nineteen hundred ninety-two. Such
indemnification shall extend to, without limitation, any releases into
land, water or air, including but not limited to releases as defined
under the federal comprehensive environmental response compensation and
liability act of nineteen hundred eighty, occurring or existing prior to
August third, nineteen hundred ninety-two; provided that the thruway
authority, the corporation and the authority shall cooperate in the
investigation and remediation of hazardous waste and other environmental
problems.
(c) Notwithstanding any provision to the contrary contained in para-
graph (a) of this subdivision, the thruway authority shall indemnify and
hold harmless the corporation and the authority for any and all claims,
damages, or liabilities, whether or not caused by negligence, including
civil and criminal fines, arising out of or relating to any generation,
processing, handling, transportation, storage, treatment, or disposal of
solid or hazardous wastes in the canal system by any person or entity
other than the authority occurring after August third, nineteen hundred
ninety-two and no later than the effective date of the transfer of
powers, duties and obligations from the thruway authority to the author-
ity. Such indemnification shall extend to, without limitation, any
releases into land, water or air, including but not limited to releases
as defined under the federal comprehensive environmental response
compensation and liability act of nineteen hundred eighty, occurring or
existing prior to the effective date of the transfer of powers, duties
and obligations from the thruway authority to the authority; provided
that the corporation and the authority shall cooperate in the investi-
gation and remediation of hazardous waste and other environmental prob-
lems.
(d) Except as otherwise provided in this chapter, the thruway authori-
ty shall retain all liabilities, whether or not caused by negligence,
S. 2344 6
arising out of any acts or omissions occurring on or after August third,
nineteen hundred ninety-two, in connection with its powers, duties and
obligations with respect to the corporation. The authority and the state
shall not be held liable in connection with any liabilities arising out
of such acts or omissions.
7. Notwithstanding any provision of law to the contrary, in connection
with the transfer of jurisdiction of the corporation to the authority
and the assumption of management of the corporation as a subsidiary
corporation of the authority pursuant to the chapter of the laws of two
thousand sixteen which added this subdivision, the thruway authority
shall have the power to fulfill any existing agreements or obligations,
make any agreements, receive, retain or pay any funds, deemed necessary
and in the public interest to effectuate the provisions and intent of
this chapter, including but not limited to, the entering into any agree-
ments with the corporation, the authority and any other federal, state,
municipal or other entities, and to receive funds from the federal emer-
gency management agency or the state, to fulfill the thruway authority's
existing financial or other obligations arising from its jurisdiction
over the canal system and the corporation.]
§ 6. Paragraph 2 of subdivision (a) of section 168 of the economic
development law, as amended by chapter 33 of the laws of 2006, is
amended to read as follows:
(2) the [chairman] CHAIRPERSON or [his or her] SUCH CHAIRPERSON'S
designated representative of the [New York state thruway authority, the]
New York power authority, and the tourism advisory council, the New York
state council on the arts, the canal corporation, the canal recreation-
way commission, the Olympic regional development authority, and the
Hudson River park trust;
§ 7. Paragraph (ii) of subdivision a of section 11 of the court of
claims act, as amended by chapter 439 of the laws of 1999, is amended to
read as follows:
(ii) In any action brought in the court of claims against the [New
York state thruway authority, the] city university of New York[,] or the
New York state power authority, a copy of the claim shall be served
personally or by certified mail, return receipt requested, upon such
defendant, in addition to the attorney general, within the times
hereinbefore provided for filing with the clerk of the court, and any
notice of intention shall be served personally or by certified mail,
return receipt requested, upon such defendant, in addition to the attor-
ney general, within the times hereinbefore provided for service upon the
attorney general. Service by certified mail, return receipt requested,
shall not be complete until the claim or notice of intention is received
by the defendant. Personal service upon any defendant shall be made in
the same manner as described in the civil practice law and rules.
§ 8. Paragraph d of subdivision 5 of section 3-0311 of the environ-
mental conservation law, as amended by chapter 741 of the laws of 1991,
is amended to read as follows:
d. Albany Port District Commission, Battery Park City Authority, Capi-
tal District Transportation Authority, Central New York Regional Trans-
portation Authority, Dormitory Authority of the State of New York,
Facilities Development Corporation, Metropolitan Transportation Authori-
ty (including the operations of all of its operating units), New York
State Energy Research and Development Authority, New York State Environ-
mental Facilities Corporation, New York State Olympic Regional Develop-
ment Authority, [New York State Thruway Authority,] New York State Urban
Development Corporation, Niagara Frontier Transportation Authority,
S. 2344 7
Ogdensburg Bridge and Port Authority, Port Authority of New York and New
Jersey, Port of Oswego Authority, Power Authority of the State of New
York, Rochester-Genesee Regional Transportation Authority; and
§ 9. Subdivision 2 of section 6-0103 of the environmental conservation
law, as added by chapter 433 of the laws of 2010, is amended to read as
follows:
2. "State infrastructure agency" shall mean the department, the
department of transportation, the department of education, the depart-
ment of health, the department of state, the New York state environ-
mental facilities corporation, the New York state housing finance agen-
cy, the housing trust fund corporation, the dormitory authority, [the
thruway authority,] the port authority of New York and New Jersey, the
empire state development corporation, the New York state urban develop-
ment corporation and all other New York authorities. Any subsidiary of,
or corporation with the same members or directors as, a public benefit
corporation identified in this subdivision shall also be deemed to be
within the definition of state infrastructure agency under this article.
§ 10. Subdivision 1 of section 9-1705 of the environmental conserva-
tion law, as added by chapter 674 of the laws of 2007, is amended to
read as follows:
1. There is hereby established the New York invasive species council.
Such council shall consist of a total of [nine] EIGHT members and shall
include the commissioner, the commissioners of agriculture and markets,
transportation, parks, recreation and historic preservation, education,
the secretary of state, [the chairperson of the New York state thruway
authority,] the director of the New York state canal corporation, and
the chairperson of the Adirondack Park agency, or a designee of such
department, agency or public authority.
§ 11. Paragraph b of subdivision 1 and subdivision 2 of section
19-0320 of the environmental conservation law, as added by chapter 621
of the laws of 1998, are amended to read as follows:
b. "Roadside program" means a roadside examination program conducted
pursuant to the heavy duty vehicle emissions reduction act for the
inspection of emissions and emission control equipment, at any public or
quasi-public location as designated by the commissioner of transporta-
tion with the concurrence of the department [and, where appropriate, the
New York state thruway authority].
2. The department, jointly with the departments of motor vehicles and
transportation, shall develop a program for the inspection of emissions
from heavy duty vehicles. Such inspection program shall consist of an
annual inspection program and a roadside program. The annual inspection
program developed in accordance with this section shall be limited to
heavy duty vehicles registered or required to be registered in counties
in the state designated as being in serious, severe or extreme non-at-
tainment of the National Ambient Air Quality Standard for ozone pursuant
to the 1990 amendments of the federal Clean Air Act (42 U.S.C. 7511).
Under no circumstances shall such program require heavy duty vehicles to
meet emission standards more stringent than the new vehicle emission
standards to which such vehicles were certified pursuant to the federal
Clean Air Act. The department shall, with the department of transporta-
tion [and, where appropriate, the New York state thruway authority],
jointly develop criteria for roadside program site selection and proce-
dures for the control of traffic and operation of such sites.
§ 12. Subdivision 2 of section 27-1903 of the environmental conserva-
tion law, as added by section 3 of part V1 of chapter 62 of the laws of
2003, is amended to read as follows:
S. 2344 8
2. State government must make an essential contribution to the devel-
opment and implementation of environmentally, economically and techni-
cally viable waste tire management programs. The department shall coop-
erate with other state agencies, including the department of economic
development, New York state energy research and development authority,
the department of transportation, [the New York state thruway authority]
and the department of health, to ensure that waste tires are effectively
managed and used in environmentally acceptable ways consistent with the
purposes of this chapter.
§ 13. Paragraph (d) of subdivision 2 of section 37-0301 of the envi-
ronmental conservation law, as added by chapter 663 of the laws of 1994,
is amended to read as follows:
(d) dormitory authority of the state of New York, facilities develop-
ment corporation, metropolitan transportation authority (including the
operations of all of its operating units), New York state energy
research and development authority, New York state environmental facili-
ties corporation, New York state olympic regional development authority,
[New York state thruway authority,] New York state urban development
corporation, port authority of New York and New Jersey, and power
authority of the state of New York.
§ 14. Subdivision 1 of section 21 of the executive law, as amended by
chapter 699 of the laws of 2022, is amended to read as follows:
1. There is hereby created in the executive department a disaster
preparedness commission consisting of the commissioners of transporta-
tion, health, division of criminal justice services, education, economic
development, agriculture and markets, housing and community renewal,
general services, labor, environmental conservation, mental health,
addiction services and supports, parks, recreation and historic preser-
vation, corrections and community supervision, children and family
services, homeland security and emergency services, and people with
developmental disabilities, the president of the New York state energy
research and development authority, the superintendents of state police
and financial services, the secretary of state, the state fire adminis-
trator, the chair of the public service commission, the adjutant gener-
al, the office of information technology services, and the office of
victim services, the chairs of [the thruway authority,] the office for
the aging, the metropolitan transportation authority, the port authority
of New York and New Jersey, the chief professional officer of the state
coordinating chapter of the American Red Cross, the chief professional
officer of 2-1-1 New York state and three additional members, to be
appointed by the governor, two of whom shall be chief executives. Each
member agency may designate an executive level officer of that agency,
with responsibility for disaster preparedness matters, who may represent
that agency on the commission. The commissioner of the division of home-
land security and emergency services shall serve as chair of the commis-
sion, and the governor shall designate the vice chair of the commission.
The members of the commission, except those who serve ex officio, shall
be allowed their actual and necessary expenses incurred in the perform-
ance of their duties under this article but shall receive no additional
compensation for services rendered pursuant to this article.
§ 15. Paragraph (b) of subdivision 11 of section 310 of the executive
law, as amended by chapter 463 of the laws of 2011, is amended to read
as follows:
(b) a "state authority," as defined in subdivision one of section two
of the public authorities law, and the following:
Albany County Airport Authority;
S. 2344 9
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts
Center Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;
Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
New York State Olympic Regional Development Authority;
[New York State Thruway Authority;]
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Syracuse Regional Airport Authority;
Triborough Bridge and Tunnel Authority.
Upper Mohawk valley regional water board.
Upper Mohawk valley regional water finance authority.
Upper Mohawk valley memorial auditorium authority.
Urban Development Corporation and its subsidiary corporations.
§ 16. Paragraph (a) of subdivision 5 of section 10-f of the highway
law, as amended by section 6 of part A of chapter 57 of the laws of
2014, is amended to read as follows:
(a) Funding of municipal projects will be made upon the application
for funding of prior expenditures in a format prescribed by the commis-
sioner. [Such funding of state projects may be pursuant to agreements
between the commissioner and the New York state thruway authority and
may be from the proceeds of bonds, notes or other obligations issued
pursuant to section three hundred eighty-five of the public authorities
law.]
§ 17. Paragraph (a) of subdivision 5 of section 10-g of the highway
law, as amended by section 7 of part A of chapter 57 of the laws of
2014, is amended to read as follows:
(a) Funding of municipal projects will be made upon the application
for funding of prior expenditures in a format prescribed by the commis-
sioner. [Such funding of state projects may be pursuant to agreements
between the commissioner and the New York state thruway authority and
may be from the proceeds of bonds, notes or other obligations issued
pursuant to section three hundred eighty-five of the public authorities
law.]
S. 2344 10
§ 18. Subdivision 4 of section 23 of the highway law, as added by
chapter 599 of the laws of 1987, is amended to read as follows:
4. In the preparation of this report the commissioner shall consult
with the county and other state governments, [the New York state thruway
authority,] the port authority of New York and New Jersey and such
public or private agencies as the commissioner deems appropriate.
§ 19. Subdivision 4 of section 23 of the highway law, as added by
chapter 698 of the laws of 1987, is amended to read as follows:
4. In the preparation of this report, the commissioner and the commis-
sioner of environmental conservation shall consult with the county and
other state governments, [the New York state thruway authority,] the
port authority of New York and New Jersey and such public or private
agencies as the commissioner deems appropriate.
§ 20. Paragraph (b) of subdivision 1 of section 88-a of the highway
law, as amended by section 12 of part D of chapter 60 of the laws of
2012, is amended to read as follows:
(b) the chairperson, or [his or her] SUCH CHAIRPERSON'S designated
representative, of the [New York state thruway authority, the] adiron-
dack park agency and the tourism advisory council;
§ 21. The paragraph relating to interstate route 504, the paragraph
relating to interstate route 506, and the opening paragraph of the para-
graph relating to interstate route connection 520 of section 340-a of
the highway law, the paragraph relating to interstate route 504 as
amended by chapter 120 of the laws of 1987, the paragraph relating to
interstate route 506 and the opening paragraph of the paragraph relating
to interstate route connection 520, as amended by chapter 1110 of the
laws of 1971, are amended to read as follows:
Interstate Route 504. Beginning on the Pennsylvania-New York border in
the vicinity of Lake Erie, thence in a general northeasterly direction
passing in the vicinity of Dunkirk, to the vicinity of Big Tree and
generally northerly to the town of Cheektowaga, and continuing northerly
to the vicinity of Williamsville and generally easterly through or in
the vicinity of Batavia and Syracuse, intersecting interstate route 505
in the vicinity of Syracuse, continuing generally easterly passing
through or in the vicinity of Oneida, Utica, Little Falls, Amsterdam and
Schenectady to an intersection with interstate route 502 in the vicinity
of Albany the foregoing route being a portion of the New York state
thruway; thence in a general easterly direction through the city of
Albany to an intersection with interstate route connection 540 in the
vicinity of Lower Patroon Island, thence in a general southeasterly
direction to a point on the Berkshire section of the New York state
thruway in the vicinity of state highway five thousand eighty-four, as
determined by the commissioner of transportation [and the chairman of
the New York state thruway authority], thence continuing along the New
York state thruway to the New York-Massachusetts border, such interstate
route to be designated, in addition to any other name or designation, as
the "AMVETS Memorial Highway".
Interstate Route 506. Beginning at interstate route 504 in the town of
Cheektowaga, thence generally westerly and northwesterly through
Buffalo, across Grand Island, the foregoing route being a portion of the
New York state thruway, and thence generally westerly to the United
States-Canada border in the vicinity of Lewiston; also including a
connection beginning at the Peace bridge toll plaza, as determined by
the commissioner of transportation, thence generally southwesterly and
southerly to a point on the southbound lane of the Niagara section of
the New York state thruway in the vicinity of Porter avenue, as deter-
S. 2344 11
mined by the commissioner of transportation [and the chairman of the New
York state thruway authority].
From interstate route 502 in the vicinity of Elmsford, generally east-
erly passing through or northerly of White Plains to a connection with
interstate route 501 in the vicinity of Rye, including an interchange
with interstate route 501, which interchange is to be maintained and
constructed [jointly] by the department of transportation [and the New
York State thruway authority] in a manner determined by the commissioner
of transportation [and the New York State thruway authority]. The county
of Westchester is hereby authorized to convey to the state of New York
all the right, title, interest and option rights of the people of West-
chester county in and to such parts of the lands, buildings and other
real property and rights thereto acquired and held by it, as deemed
necessary by the commissioner of transportation of the state of New York
for purposes connected with an expressway known as interstate route
connection 520 (Central Westchester highway-Cross Westchester express-
way) from interstate route 502 in the vicinity of Elmsford in the town
of Greenburgh to a connection with interstate route 501 in the vicinity
of Rye, through and over the Tarrytown-White Plains parkway reservation,
Central Westchester parkway reservation, Bronx river parkway reserva-
tion, Silver Lake park reservation, Mamaroneck river parkway reservation
and Hutchinson river parkway reservation.
§ 22. Subdivisions 4 and 5 of section 347 of the highway law, as
amended by chapter 394 of the laws of 1996, are amended to read as
follows:
4. If the commissioner shall determine, prior to the filing of such
copy of the acquisition map in the office of the county clerk as afore-
said, that changes, alterations or modifications of such description and
map as filed [in the main office of the New York state thruway authori-
ty] WITH THE DEPARTMENT OF TRANSPORTATION should be made, [he or she]
THE COMMISSIONER shall, subject to the provisions in article two of the
eminent domain procedure law if applicable, direct the preparation of an
amended acquisition map, either by preparing a new map or by making
changes on the original tracing of such map, with a notation indicating
such changes. On the approval of such amended map by the commissioner,
it shall be filed [in the main office of the New York state thruway
authority] WITH THE DEPARTMENT OF TRANSPORTATION in the same manner as
the original map was filed and the amended map shall thereupon in all
respects and for all purposes supersede the map previously filed.
5. If the commissioner shall determine prior to filing a copy of the
map in the office of the county clerk or register as provided in section
four hundred two of the eminent domain procedure law, that such map
should be withdrawn, [he or she] THE COMMISSIONER shall file a certif-
icate of withdrawal in the offices of the [New York state thruway
authority and] DEPARTMENT OF TRANSPORTATION AND THE department of law.
Upon the filing of such certificate of withdrawal, the map to which it
refers shall be cancelled and all rights thereunder shall cease and
determine.
§ 23. Subdivision 22 of section 3.09 of the parks, recreation and
historic preservation law, as added by chapter 657 of the laws of 2006,
is amended to read as follows:
22. Be empowered to [enter into an agreement with the New York state
thruway authority, which shall allow the office to] utilize an electron-
ic toll collection system for the collection of any entrance fee or
parking fee at any historic site, park or recreational facility.
S. 2344 12
§ 24. Paragraph (a) of subdivision 2 of section 25.05 of the parks,
recreation and historic preservation law, is amended to read as follows:
(a) In an emergency, for the purpose of emergency travel only, during
the period of time when and at locations where snow upon the highways
renders travel by motor vehicles impractical, as so declared and permit-
ted [in the case of the state thruway by the thruway authority], in the
case of [other] state highways by the state agency or authority having
jurisdiction to regulate traffic thereon, and in the case of other high-
ways by the chief executive officer of the municipality having jurisdic-
tion over such highways.
§ 25. Subdivisions 1 and 7 of section 1005-b of the public authorities
law, as added by section 22 of part TT of chapter 54 of the laws of
2016, are amended to read as follows:
1. The public benefit corporation known as the "New York state canal
corporation" (hereinafter referred to as the "canal corporation")
created as a subsidiary corporation of the FORMER New York state thruway
authority pursuant to chapter seven hundred sixty-six of the laws of
nineteen hundred ninety-two is hereby continued and reconstituted as a
subsidiary corporation of the authority and shall have only the power to
operate, maintain, construct, reconstruct, improve, develop, finance,
and promote all of the canals, canal lands, feeder canals, reservoirs,
canal terminals, canal terminal lands and other property under the
jurisdiction of the canal corporation pursuant to article one-A of the
canal law (hereinafter referred to as the "canal system"). Reference in
any provision of law, general, special or local, or in any rule, regu-
lation or public document to the canal corporation or the canal corpo-
ration as a subsidiary of the FORMER New York state thruway authority
shall be deemed to be and construed as a reference to the canal corpo-
ration continued by this section.
7. The employees of the canal corporation shall not be deemed to be
employees of the authority by reason of their employment by the canal
corporation. All officers and employees of the canal corporation shall
be subject to the provisions of the civil service law which shall apply
to the canal corporation and such corporation shall be subject to the
jurisdiction of the New York state department of civil service and the
New York state civil service commission. The canal corporation shall
participate in the New York state and local employees' retirement
system. Nothing contained in [a] PART TT OF chapter FIFTY-FOUR of the
laws of two thousand sixteen [that added this section] shall be
construed to affect the rights and privileges of the canal corporation
or any of its employees under any provisions of the civil service law or
any existing or expired collective bargaining agreement in effect as of
the effective date of transfer of the canal corporation from the FORMER
thruway authority to the authority. Any such employee who at the time of
such transfer shall have been in a negotiating unit represented by an
employee organization which was certified or recognized pursuant to
article fourteen of the civil service law shall continue to be repres-
ented by said employee organization. There shall be no reduction of
staff, loss of position, including partial displacement, such as
reduction in the hours of non-overtime, wages, or employment benefits as
a result of the transfer of the canal corporation from the FORMER thru-
way authority to the authority for twenty-four months following such
transfer.
§ 26. Subdivision 2 of section 2603-a of the public authorities law,
as amended by chapter 451 of the laws of 2017, is amended to read as
follows:
S. 2344 13
2. Notwithstanding the provisions of subdivision one of this section,
all contracts over one million dollars in value made and awarded by the
dormitory authority, the metropolitan transportation authority, OR the
bridge authority [or the thruway authority], on its account or for the
benefit of a state agency or authority, for the construction, recon-
struction, alteration, repair, maintenance or improvement of any road or
bridge, shall contain a provision that the structural iron and struc-
tural steel used or supplied in the performance of the contract or any
subcontract thereto and permanently incorporated into the surface road
or bridge shall be produced or made in whole or substantial part in the
United States, its territories or possessions. In the case of a struc-
tural iron or structural steel product all manufacturing must take place
in the United States, from the initial melting stage through the appli-
cation of coatings, except metallurgical processes involving the refine-
ment of steel additives. For purposes of this section, "permanently
incorporated" shall mean an iron or steel product that is required to
remain in place at the end of the project contract, in a fixed location,
affixed to the public work to which it was incorporated. Iron and steel
products that are capable of being moved from one location to another
are not permanently incorporated into a public building or public work.
§ 27. Paragraph f of subdivision 6 of section 2897 of the public
authorities law, as added by section 1 of part F of chapter 58 of the
laws of 2020, is amended to read as follows:
f. Notwithstanding anything to the contrary in this section, disposals
for use of the [thruway authority's] DEPARTMENT OF TRANSPORTATION'S
fiber optic system, or any part thereof, may be made through agreements
based on set fees that shall not require public auction, provided that:
i. the [thruway authority] DEPARTMENT OF TRANSPORTATION has determined
the disposal of such property complies with all applicable provisions of
this chapter;
ii. the [thruway authority] DEPARTMENT OF TRANSPORTATION has deter-
mined that disposal of such property is in the best interest of the
[thruway authority] DEPARTMENT OF TRANSPORTATION;
iii. the set fees established by the [thruway authority] DEPARTMENT OF
TRANSPORTATION for use of the fiber optic system, or part thereof, shall
be based on an independent appraisal of the fair market value of the
property; and
iv. any public authority, state agency, municipality, not-for-profit
hospital organized under section forty-three hundred one of the insur-
ance law, public library, or institution of higher education located in
New York state shall be required only to pay the actual cost of provid-
ing for use of the fiber optic system, but not exceeding the fair market
value determined pursuant to subparagraph (iii) of this paragraph. For
purposes of this paragraph, "public authority" shall refer to entities
defined in section two of the public authorities law. For purposes of
this paragraph, "institution of higher education" shall refer to enti-
ties as defined in subdivisions two and three of section six hundred one
of the education law.
Disposals of the fiber optic system, or any part thereof, through
agreements based on set fees shall not require the explanatory state-
ments required by this section. Any disposal of property, contract for
disposal of property or agreement made pursuant to this paragraph shall
not be deemed valid and enforceable unless it shall first have been
approved by both the comptroller and the attorney general.
S. 2344 14
§ 28. Paragraph (j) of subdivision 1 of section 19 of the public offi-
cers law, as added by section 24 of part TT of chapter 54 of the laws of
2016, is amended to read as follows:
(j) For purposes of this section, the term "employee" shall include
directors, officers and employees of the [thruway authority, and the
directors, officers and employees of the] canal corporation. In those
cases where the definition of the term "employee" provided in this para-
graph is applicable, the term "state", as utilized in subdivisions two,
three, and four of this section, shall mean the [thruway authority when
the employee is a director, officer, or employee of the thruway authori-
ty, or the] canal corporation, when the employee is a director, officer,
or employee of the canal corporation.
§ 29. Paragraph (b) of subdivision 2 of section 582-a of the real
property tax law, as added by chapter 515 of the laws of 2001, is
amended to read as follows:
(b) On lands under lease from the state [or the thruway authority] for
non-residential purposes considered to support water dependent activ-
ities;
§ 30. Subdivision h of section 13 of the retirement and social securi-
ty law, as amended by chapter 496 of the laws of 1967, is amended to
read as follows:
h. The retirement system may use a part of its funds, not exceeding
ten per centum of its assets, (1) for purchasing or leasing of land in
the city of Albany and the construction thereon of a suitable office
building or buildings for the transaction of the business of the retire-
ment system and (2) for purchasing or leasing of land in the cities of
Albany, Syracuse, Buffalo, Binghamton, New York, Rochester and Utica and
the construction thereon of a suitable office building or buildings for
purposes of lease or sale to the state and (3) for purchasing or leasing
of land in the city of Albany on the north and south sides of Washington
avenue commonly known as the "Campus Site" acquired by the state for a
state buildings site pursuant to the provisions of chapter five hundred
seventy-two of the laws of nineteen hundred forty-seven and the
construction thereon of power plants including service connections,
electric substations including service connections, garages, warehouses
and restaurant facilities deemed necessary for the efficient and econom-
ical operation of the office building or buildings constructed on such
land and (4) for purchasing or leasing of land in the city of Albany
acquired by the state for suitable parking facilities for the use prima-
rily of employees of the state and persons having business with state
departments and state agencies and the construction thereon of such
structures, appurtenances and facilities deemed necessary for the effi-
cient and economical operation of the parking facilities constructed on
such land and (5) for purchasing or leasing of land in locations
approved by the state university trustees and the construction, acquisi-
tion, reconstruction, rehabilitation or improvement of suitable build-
ings or facilities thereon for purposes of lease or sale to the state
university construction fund, such buildings or facilities to be used by
the state university or by state-operated institutions or statutory or
contract colleges under the jurisdiction of the state university or by
the students, faculty and staff of the state university or of any such
state-operated institution or statutory or contract college, and their
families [and (6) for purchasing of lands from the New York state thru-
way authority and the construction thereon of an office building or
other buildings for purposes of lease or sale to the thruway authority
for its own use under such terms and conditions, including consideration
S. 2344 15
and length of term, as shall be agreed upon between the retirement
system and the thruway authority].
The retirement system from time to time may lease to any public agency
any portion of a building constructed for the transaction of its busi-
ness which may not be required for such purpose, upon such terms and
conditions as shall be deemed to be for the best interest of the retire-
ment system.
Real property of the retirement system acquired or constructed pursu-
ant to this subdivision shall be exempt from taxation.
§ 31. Paragraph 1 of subdivision j of section 41 of the retirement and
social security law, as amended by section 3 of part A of chapter 60 of
the laws of 2022, is amended to read as follows:
1. In addition to any other service credit to which [he or she is]
THEY ARE entitled, a member who meets the requirements set forth in
paragraphs two and three of this subdivision shall be granted one day of
additional service credit for each day of accumulated unused sick leave
which [he or she] SUCH MEMBER has at time of retirement for service, but
such credit shall not (a) exceed one hundred sixty-five days, (b) be
considered in meeting any service or age requirements prescribed in this
chapter, and (c) be considered in computing final average salary. Howev-
er, for an executive branch member designated managerial or confidential
pursuant to article fourteen of the civil service law or in the collec-
tive negotiating units established by article fourteen of the civil
service law designated the professional, scientific and technical
services unit, the rent regulation services negotiating unit, the secu-
rity services negotiating unit, the security supervisors negotiating
unit, the state university professional services negotiating unit, the
administrative services negotiating unit, the institutional services
negotiating unit, the operational services negotiating unit and the
division of military and naval affairs negotiating unit and, effective
on and after June twenty-seventh, two thousand seventeen for the agency
police services unit such service credit limitation provided in subpara-
graph (a) of this paragraph shall not exceed two hundred days. For a
nonjudicial officer or employee of the unified court system not in a
collective negotiating unit or in a collective negotiating unit speci-
fied in section one of chapter two hundred three of the laws of two
thousand four, for employees of the New York state dormitory authority,
[for employees of the New York state thruway authority,] the New York
state canal corporation and the state university construction fund and
for employees of the New York liquidation bureau such service credit
limitation provided in subparagraph (a) of this paragraph shall not
exceed two hundred days. For members who first become members of a
public retirement system of the state on or after April first, two thou-
sand twelve, such credit shall not exceed one hundred days.
§ 32. Paragraphs (c), (d) and (e) of subdivision 1 of section 68-a of
the state finance law, as added by section 2 of part I of chapter 383 of
the laws of 2001, are amended to read as follows:
(c) [the New York state thruway authority;
(d)] the New York state environmental facilities corporation;
[(e)] (D) the New York state housing finance agency.
§ 33. Subdivision 8 of section 68-b of the state finance law, as
amended by section 60 of part JJJ of chapter 59 of the laws of 2021, is
amended to read as follows:
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-eight-a of this article. Notwithstanding the
foregoing, the dormitory authority of the state of New York[,] AND the
S. 2344 16
urban development corporation [and the New York state thruway authority]
may issue revenue bonds for any authorized purpose of any other such
authorized issuer through March thirty-first, two thousand twenty-five.
[Any such revenue bonds issued by the New York state thruway authority
shall be subject to the approval of the New York state public authori-
ties control board, pursuant to section fifty-one of the public authori-
ties law.] The authorized issuers shall not issue any revenue bonds in
an amount in excess of statutory authorizations for such authorized
purposes. Authorizations for such authorized purposes shall be reduced
in an amount equal to the amount of revenue bonds issued for such
authorized purposes under this article. Such reduction shall not be made
in relation to revenue bonds issued to fund reserve funds, if any, and
costs of issuance, if these items are not counted under existing author-
izations, nor shall revenue bonds issued to refund bonds issued under
existing authorizations reduce the amount of such authorizations.
§ 34. Subdivision 2 of section 69-j of the state finance law, as added
by section 1 of part HH of chapter 58 of the laws of 2012, is amended to
read as follows:
2. The New York works task force shall establish an implementation
council comprised of: the director of the division of the budget, the
commissioners of the department of economic development, the department
of transportation, the office of general services, the department of
labor, the department of environmental conservation and the office of
parks, recreation and historic preservation, the secretary of state, the
chancellors of the state university of New York and the city university
of New York, the president and chief executive officer of the environ-
mental facilities corporation, and the executive directors of the dormi-
tory authority of the state of New York, the New York power authority,
the Long Island power authority, the New York state energy research and
development authority, the New York state bridge authority, the metro-
politan transportation authority, [the New York state thruway authority]
and the port authority of New York and New Jersey, the director of state
operations and such other members as the New York works task force or
the governor may determine shall facilitate the purposes of the New York
works task force. Each member of the implementation council may desig-
nate an individual to attend and participate in New York works task
force meetings and deliberations on [his or her] SUCH MEMBER'S behalf.
§ 35. Subdivision 1 of section 69-m of the state finance law, as added
by section 58 of part HH of chapter 57 of the laws of 2013, is amended
to read as follows:
1. "Authorized issuer" shall mean the dormitory authority of the state
of New York, the New York state urban development corporation, [the New
York state thruway authority,] and any successors thereto.
§ 36. Subdivision 8 of section 69-n of the state finance law, as
amended by section 24-a of part I of chapter 60 of the laws of 2015, is
amended to read as follows:
8. Revenue bonds may only be issued for authorized purposes, as
defined in section sixty-nine-m of this article. Notwithstanding the
foregoing, any authorized issuer may issue revenue bonds for any author-
ized purpose. [Any such revenue bonds issued by the New York state thru-
way authority shall be subject to the approval of the New York state
public authorities control board, pursuant to section fifty-one of the
public authorities law.] The authorized issuers shall not issue any
revenue bonds in an amount in excess of statutory authorizations for
such authorized purposes. Authorizations for such authorized purposes
shall be reduced in an amount equal to the amount of revenue bonds
S. 2344 17
issued for such authorized purposes under this article. Such reduction
shall not be made in relation to revenue bonds issued to fund reserve
funds, if any, and costs of issuance, if these items are not counted
under existing authorizations, nor shall revenue bonds issued to refund
bonds issued under existing authorizations reduce the amount of such
authorizations.
§ 37. Subdivisions 6, 7 and 8 of section 88-b of the state finance
law, subdivision 6 as amended by chapter 65 of the laws of 1988, and
subdivisions 7 and 8 as added by chapter 13 of the laws of 1987, are
amended to read as follows:
6. Moneys in the suburban transportation fund transferred pursuant to
section twelve hundred seventy-a of the public authorities law shall be
made available to the state department of transportation for capital
projects in the counties of Nassau, Suffolk, Westchester, Putnam, Dutch-
ess, Orange and Rockland on the basis of each county's average pro rata
share of the mortgage recording tax receipts raised in such counties
pursuant to subdivision one of section two hundred sixty-one of the tax
law during the period January first, nineteen hundred eighty-four
through December thirty-first, nineteen hundred eighty-six as certified
by the metropolitan transportation authority. Moneys transferred to the
suburban transportation fund at the request of Dutchess, Orange or Rock-
land county pursuant to subdivision three of section twelve hundred
seventy-b of the public authorities law shall be used by the state
department of transportation to increase the proportionate share of such
capital projects in such county. Such projects shall be financed by
means of a state advance [to be reimbursed by the New York state thruway
authority, or its successor agency, through the issuance of its bonds or
notes in the manner set forth in subdivision seven of this section, or
by means of a state advance] to be reimbursed directly from the suburban
transportation fund.
7. (a) For projects funded by the suburban transportation fund,
PAYMENTS TO the state department of transportation [may enter into an
agreement with the New York state thruway authority, or its successor
agency, for the purpose of having the thruway authority, or its succes-
sor agency, issue bonds or notes to pay the capital costs of such
project. Such agreement shall be subject to approval by the director of
the division of the budget.
(b) For projects funded pursuant to this subdivision, the affected
municipality shall enter into an agreement with the department of trans-
portation for the conveyance of all affected real property including
highways, roads and bridges to the thruway authority, or its successor
agency, for the term of the bonds or notes issued by the thruway author-
ity, or its successor agency, for such project or for such lesser period
that such bonds or notes are outstanding. During the period of such
conveyance to the thruway authority, or its successor agency, the
department of transportation or the municipality shall agree to maintain
the facility in a state of good repair, the responsibility for which
shall be with the state, or municipality, which had jurisdiction over
said facility prior to such agreement.
(c) Upon the final retirement of all bonds and notes issued by the
thruway authority, or its successor agency, for such purpose, such prop-
erty shall automatically revert to the conveying entity.
8. Payments to the thruway authority, or its successor agency,] pursu-
ant to this section shall be subject to appropriation from the suburban
transportation fund. [The thruway authority, or its successor agency,
S. 2344 18
shall utilize such moneys to pay the debt service on such bonds or notes
and to meet administrative costs in connection therewith.]
§ 38. Paragraphs (b), (c) and (d) of subdivision 3 and subdivisions 8
and 11 of section 89-b of the state finance law, paragraphs (b), (c) and
(d) of subdivision 3 as amended by chapter 56 of the laws of 1993, and
subdivisions 8 and 11 as added by section 4 of part O of chapter 59 of
the laws of 2009, are amended to read as follows:
(b) Moneys in the special obligation reserve and payment account
shall, following appropriation by the legislature, be used [to pay
amounts due to the New York state thruway authority as dedicated highway
and bridge trust fund cooperative agreement payments pursuant to the
provisions of dedicated highway and bridge trust fund cooperative agree-
ments entered into between the authority and] BY the department of
transportation [pursuant to sections ten-e, ten-f, and ten-g of the
highway law, the provisions of section three hundred eighty-five of the
public authorities law] FOR USE TOWARDS MAINTAINING THE NEW YORK STATE
THRUWAY, and pursuant to the provisions of this section.
(c) The comptroller is hereby authorized and directed to transfer
monthly no later than the last day of each month, any moneys, if any, in
excess of the aggregate amounts required to be set aside in order to
meet the requirements established in paragraph (d) of this subdivision,
to the highway and bridge capital account, provided however that in no
event shall such transfers occur unless and until the aggregate of all
dedicated highway and bridge trust fund cooperative agreement payments
certified to the comptroller for such fiscal year shall have been appro-
priated in accordance with the provisions of this section. [Addi-
tionally, in no event shall the comptroller pay over and distribute any
revenues of the fund to any person other than the New York state thruway
authority if any payment required to be set aside pursuant to paragraph
(b) of this subdivision has not been made to the authority on the date
by which it was required to have been made pursuant to such schedule;
provided, however, that no person, including such authority or the hold-
ers of its bonds or notes shall have any lien on such revenues and such
agreement shall be executory only to the extent of such revenues avail-
able to the state in such fund.
(d) Upon receipt by the comptroller of a certificate or certificates
from the chairperson of the New York state thruway authority submitted
pursuant to section three hundred eighty-five of the public authorities
law, that such authority requires a payment or payments, from the dedi-
cated highway and bridge trust fund, the comptroller shall pay from such
fund pursuant to an appropriation on or before the fifteenth day of any
month preceding the payment as the chairperson thereof may direct in any
such certificate, the amount or amounts so certified. The chairperson of
such authority shall furnish the commissioner of taxation and finance
with copies of such certificates. In order to set aside the moneys
necessary to meet the amounts required on the payment date or dates
herein, the comptroller shall comply with the provisions of this subdi-
vision.]
8. The state comptroller shall at the commencement of each month
certify to the director of the budget, the chairpersons of the senate
finance and assembly ways and means committees, AND the commissioner of
transportation[, and the chairman of the thruway authority] the amount
disbursed from the dedicated highway and bridge trust fund in the
preceding month, the amounts reimbursed [by the thruway authority]
PURSUANT TO APPROPRIATION BY THE LEGISLATURE, the revenues received in
S. 2344 19
the fund, and the unreimbursed disbursements[, in accordance with
section ten-e of the highway law].
11. The department of transportation shall provide to the state comp-
troller and the chairpersons of the senate finance and assembly ways and
means committees, [not later than fourteen days subsequent to reimburse-
ment from bond proceeds to the dedicated highway and bridge trust fund,
a cooperative agreement schedule of all projects so reimbursed. Such]
AFTER AN APPROPRIATION FROM THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND,
A schedule OF USES OF SUCH APPROPRIATION FUNDS, THAT shall include, but
not be limited to, an identifying project number, the work type, project
description, county, total cost, percentage of federal funding, letting
date, scheduled completion date, [life to date dedicated highway and
bridge trust fund disbursements, prior amount of thruway authority bond
proceeds reimbursement, the amount of the current reimbursement,] and
the probable life of each such project.
§ 39. Paragraph (a) of subdivision 5 of section 92-r of the state
finance law, as amended by chapter 56 of the laws of 1993, is amended to
read as follows:
(a) Upon receipt by the comptroller of a certificate or certificates
from the chairperson of the local government assistance corporation
submitted pursuant to section thirty-two hundred forty of the public
authorities law, that such corporation requires a payment or payments,
from the local government assistance tax fund, the comptroller shall pay
from such fund pursuant to an appropriation on or before the date speci-
fied in such certificate or within thirty days after such receipt,
whichever is later, to such corporation, as the chairperson thereof may
direct in any such certificate, the amount or amounts so certified. The
chairperson of such corporation shall furnish the commissioner of taxa-
tion and finance with copies of such certificates. In order to set aside
the moneys necessary to meet the amounts required on the payment date or
dates specified in such certificate or certificates, the comptroller
shall comply with the provisions of paragraph (b) of this subdivision.
The comptroller shall from time to time, but in no event later than the
fifteenth day of each month (other than the last month of the fiscal
year) and the last day of the last month of the fiscal year of each
fiscal year, pay over and distribute to the credit of the general fund
of the state treasury all revenues in the local government assistance
tax fund, if any, in excess of the aggregate amount required to be set
aside pursuant to paragraph (b) of this subdivision provided that an
appropriation has been made to pay all amounts specified in such certif-
icate or certificates as being required by the corporation for such
fiscal year[, and provided further that an appropriation has been made
to make all dedicated highway and bridge trust fund cooperative agree-
ment payments specified in the certificate submitted by the chairperson
of the New York state thruway authority pursuant to subdivision two of
section three hundred eighty-five of the public authorities law]. In no
event shall the comptroller pay over and distribute any revenues (other
than the amount to be deducted for administering, collecting and
distributing such sales and compensating use taxes) to any person other
than the local government assistance corporation (i) unless and until
the aggregate of all payments certified to the comptroller as required
by such corporation and required to be set aside pursuant to paragraph
(b) of this subdivision for such fiscal year shall have been appropri-
ated to such corporation in accordance with the schedule specified in
the certificate or certificates filed by the chairperson of the corpo-
ration or (ii) if, after having been so certified and appropriated, any
S. 2344 20
payment required to be set aside pursuant to paragraph (b) of this
subdivision has not been made to the corporation on the date by which it
was required to have been made pursuant to such schedule[, or (iii)
unless and until the aggregate of all dedicated highway and bridge trust
fund cooperative agreement payments certified by the chairperson of the
New York state thruway authority pursuant to subdivision two of section
three hundred eighty-five of the public authorities law shall have been
appropriated to such authority]; provided, however, that no person
including such corporation or the holders of its bonds or notes shall
have any lien on such revenues and such agreement shall be executory
only to the extent of such revenues available to the state in such fund
and provided further that, if the state has appropriated and paid to the
corporation the amounts necessary for the corporation to meet its
requirements, for the current fiscal year, pursuant to the certificate
or certificates submitted by the chairperson pursuant to section thir-
ty-two hundred forty of the public authorities law and notwithstanding
any other provision of law, the comptroller shall, on the last day of
each fiscal year, pay to the general fund of the state all sums remain-
ing in the local government assistance tax fund on such date.
§ 40. Subdivision 6 of section 501 of the tax law, as amended by chap-
ter 170 of the laws of 1994, is amended to read as follows:
6. "Public highway" shall include any public highway, street, avenue,
road, public place, public driveway or any other public way[; provided,
however, that the term "public highway" as used in sections five hundred
three and five hundred three-b of this article shall not include any
portion of the thruway for which a fee, rental or charge for the use
thereof, has been made by the thruway authority pursuant to the
provisions of title nine of article two of the public authorities law].
§ 41. Paragraph (a) of subdivision 5 of section 514 of the tax law, as
amended by section 9 of part E of chapter 60 of the laws of 2007, is
amended to read as follows:
(a) Upon agreement with the heads of the department of motor vehicles,
the department of transportation, the department of environmental
conservation, the division of state police, [the thruway authority,] the
United States department of transportation, and the United States
department of homeland security (or any other federal agency which may
assume the duties of either or both of such federal agencies), the
commissioner may disclose to such agencies the name, address, employer
identification number, vehicle identification number, application status
information, and other appropriate identifying and application informa-
tion, of persons holding a certification of registration or license
under this article, persons whose certificate of registration or license
under this article has been revoked, suspended or surrendered, and
persons whose application for a certificate of registration or license
under this article has been denied, for the purposes of improving the
safety and security oversight of the motor carrier industry and coordi-
nating and streamlining the credentialing process for such industry
administered by such agencies.
§ 42. Subdivision 1 of section 14-j of the transportation law, as
added by chapter 56 of the laws of 1993, is amended to read as follows:
1. The commissioner is hereby authorized to [enter into a contract,
lease or agreement with the New York state thruway authority for the]
SEEK APPROPRIATION FROM THE LEGISLATURE FOR financing [by such authori-
ty] of THE special rail and aviation transportation program as author-
ized by law.
S. 2344 21
§ 43. Subdivision 1 and paragraphs (a), (b), (c) and (e) of subdivi-
sion 4 of section 14-k of the transportation law, subdivision 1 as added
by chapter 637 of the laws of 1996, paragraphs (a), (b) and (c) of
subdivision 4 as amended and paragraph (e) of subdivision 4 as added by
section 1 of part P of chapter 61 of the laws of 2000, are amended to
read as follows:
1. There is hereby established the "multi-modal program". [The commis-
sioner is hereby authorized to enter into a contract, lease or agreement
with the New York state thruway authority for the financing by such
authority of the multi-modal program as authorized by law.]
(a) project costs for construction, reconstruction, improvement,
reconditioning and preservation of rail freight facilities and for the
project costs of intercity rail passenger facilities and equipment where
the service life of the project is at least ten years. Funding of
project expenditures for an approved project shall require certification
by the project sponsor to the department that the project has a service
life of ten or more years. [Such certification shall include any such
information as may be necessary to maintain, if applicable, the federal
tax exempt status of bonds, notes or other obligations issued by the New
York state thruway authority for such purposes.] The commissioner shall
request the project sponsors to furnish such information in writing as
may be necessary;
(b) project costs for construction, reconstruction, improvement,
reconditioning and preservation of state, municipal, or privately owned
ports where the service life of the project is at least ten years.
Funding of project expenditures for an approved project shall require
certification by the project sponsor to the department that the project
has a service life of ten or more years. [Such certification shall
include any such information as may be necessary to maintain, if appli-
cable, the federal tax exempt status of bonds, notes or other obli-
gations issued by the New York state thruway authority for such
purposes.] The commissioner shall request the project sponsors to
furnish such information in writing as may be necessary;
(c) project costs of construction, reconstruction, improvement, recon-
ditioning and preservation of municipal airports, privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality,
for which federal funding is not available provided the project is
consistent with an approved airport layout plan, where the service life
of the project is at least ten years. Funding of project expenditures
for an approved project shall require certification that the project has
a service life of ten or more years. [Such certification shall include
any such information as may be necessary to maintain, if applicable, the
federal tax exempt status of bonds, notes or other obligations issued by
the New York state thruway authority for such purposes.] The commission-
er shall request the project sponsors to furnish such information in
writing as may be necessary;
(e) project costs for construction, reconstruction, improvement,
reconditioning and preservation of fixed ferry facilities of municipal
and privately owned ferry lines for transportation purposes, where the
service life of the project is at least ten years. Funding of the
project expenditures for an approved project shall require certification
by the project sponsor to the department that the project has a service
life of ten or more years. [Such certification shall include any such
information as may be necessary to maintain, if applicable, the federal
tax exempt status of bonds, notes or other obligations issued by the New
S. 2344 22
York state thruway authority for such purposes.] The commissioner shall
request the project sponsors to furnish such information in writing as
may be necessary.
§ 44. Section 22 of the transportation law, as added by chapter 223 of
the laws of 2005, is amended to read as follows:
§ 22. Work zone safety and enforcement. The department shall, in coop-
eration with the superintendent of state police, the commissioner of
motor vehicles, [the chairman of the New York state thruway authority,]
local law enforcement agencies and representatives for contractors and
laborers, develop and implement rules and regulations for the increased
safety of work zones. Such rules and regulations shall include, but
shall not be limited to, a police presence at all major active work
zones as defined by rules and regulations set forth by the commissioner,
the use of radar speed display signs at all major active work zones as
defined by rules and regulations set forth by the commissioner, and a
system for reviewing work zone safety and design for all work zones
under the jurisdiction of the department.
§ 45. Section 33 of the transportation law, as added by chapter 420 of
the laws of 1968, is amended to read as follows:
§ 33. Purposes of fund. The purposes of this fund shall be to provide
a means for elimination of existing tolls, except bridge tolls, on the
Niagara section of the Governor Thomas E. Dewey Thruway [within the
context of protection of the rights of the bond holders of the New York
State Thruway Authority].
§ 46. Subdivision 9 of section 481 of the transportation law, as
amended by section 25 of part TT of chapter 54 of the laws of 2016, is
amended to read as follows:
9. "Canal corporation" shall mean the New York state canal corporation
created as a subsidiary corporation of the FORMER New York state thruway
authority pursuant to chapter seven hundred sixty-six of the laws of
nineteen hundred ninety-two and continued and reconstituted as a subsid-
iary corporation of the power authority of the state of New York pursu-
ant to subdivision one of section one thousand five-b of the public
authorities law.
§ 47. Section 122 of the vehicle and traffic law, as amended by chap-
ter 193 of the laws of 1974, is amended to read as follows:
§ 122. Local authorities. Every county, municipal or other local
board, body or officer, county park commission, parkway authority,
bridge authority, bridge and tunnel authority, the office of parks and
recreation, [the New York state thruway authority] or similar body or
person having authority to enact laws or regulations relating to traffic
under the constitution and laws of this state.
§ 48. Subdivision 15-a of section 385 of the vehicle and traffic law,
as added by chapter 27 of the laws of 1981, is amended to read as
follows:
15-a. In furtherance of the authority to issue permits pursuant to
subdivision fifteen of this section, the department of transportation
[and the New York state thruway authority are authorized to enter into a
cooperative agreement relative] IS AUTHORIZED to ISSUE permits to oper-
ate or move vehicles or combinations of vehicles the weights or the
dimensions of which exceed the limitations otherwise provided for in
this section along the thruway system and state highway system, routes 5
and 49 between the relocated thruway interchanges, including the Edic
road interchange, and River road in the vicinity of Edic road in the
vicinity of the city of Utica. Permits issued hereunder may be of a
joint or reciprocal type for operations or movements on such highway
S. 2344 23
systems and shall not be limited to loads proposed as one piece or item
or otherwise cannot be separated into units of less weight.
§ 49. Subdivision 6 of section 511-b of the vehicle and traffic law,
as amended by chapter 425 of the laws of 1989, is amended to read as
follows:
6. For the purposes of this section, the term "local authority" means
the municipality in which the motor vehicle was seized; except that if
the motor vehicle was seized on [property of the New York state thruway
authority or] property under the jurisdiction of the office of parks,
recreation and historic preservation, the department of transportation,
or a public authority or commission, the term "local authority" means
such authority, office, department, or commission. A county may provide
by local law that the county may act as the agent for a local authority
under this section.
§ 50. Section 549 of the vehicle and traffic law, as added by chapter
659 of the laws of 1995, is amended to read as follows:
§ 549. Cancellation of an escort certificate. An escort certificate
shall be cancelled by the commissioner if such person's underlying driv-
er's license has expired, is revoked or suspended or upon notification
by the commissioner of transportation [or the New York state thruway
authority] that the person has violated any rule or regulation of the
commissioner of transportation [or the New York state thruway authority]
governing the operation, use and equipment of escort vehicles and the
duties and responsibilities of the operator of an escort vehicle.
§ 51. Subdivision 2 of section 1180-a of the vehicle and traffic law,
as amended by chapter 464 of the laws of 2003, is amended to read as
follows:
2. Notwithstanding the provisions of paragraphs (a) and (b) of subdi-
vision one of this section, upon The Governor Thomas E. Dewey Thruway as
such term is defined in section three hundred fifty-six of the public
authorities law, the [New York state thruway authority] DEPARTMENT OF
TRANSPORTATION may establish a maximum speed limit of not more than
sixty-five miles per hour provided that such maximum allowable speed
limit is established in accordance with all applicable rules and regu-
lations.
§ 52. Paragraph 2 of subdivision (a), paragraphs 1, 7 and 8 of subdi-
vision (c), and paragraphs 11, 12 and 13 of subdivision (m) of section
1180-e of the vehicle and traffic law, as added by chapter 421 of the
laws of 2021, are amended to read as follows:
2. Notwithstanding any other provision of law, after holding a public
hearing in accordance with the public officers law and subsequent
approval of the establishment of a demonstration program in accordance
with this section by [a majority of the members of the entire board of
the thruway authority, the chair of the thruway authority] THE DEPART-
MENT OF TRANSPORTATION, THE COMMISSIONER is hereby authorized to estab-
lish a demonstration program imposing monetary liability on the owner of
a vehicle for failure of an operator thereof to comply with posted maxi-
mum speed limits in a highway construction or maintenance work area
located on the thruway (i) when highway construction or maintenance work
is occurring and a work area speed limit is in effect as provided in
paragraph two of subdivision (d) or subdivision (f) of section eleven
hundred eighty of this article or (ii) when highway construction or
maintenance work is occurring and other speed limits are in effect as
provided in subdivision (b) or (g) or paragraph one of subdivision (d)
of section eleven hundred eighty of this article. Such demonstration
program shall empower the chair to install photo speed violation moni-
S. 2344 24
toring systems within no more than ten highway construction or mainte-
nance work areas located on the thruway and to operate such systems
within such work areas (iii) when highway construction or maintenance
work is occurring and a work area speed limit is in effect as provided
in paragraph two of subdivision (d) or subdivision (f) of section eleven
hundred eighty of this article or (iv) when highway construction or
maintenance work is occurring and other speed limits are in effect as
provided in subdivision (b) or (g) or paragraph one of subdivision (d)
of section eleven hundred eighty of this article. The chair, in consul-
tation with the superintendent of the division of state police, shall
determine the location of the highway construction or maintenance work
areas located on the thruway in which to install and operate photo speed
violation monitoring systems. In selecting a highway construction or
maintenance work area in which to install and operate a photo speed
violation monitoring system, the chair shall consider criteria includ-
ing, but not limited to, the speed data, crash history, and roadway
geometry applicable to such highway construction or maintenance work
area. A photo speed violation monitoring system shall not be installed
or operated on a thruway exit ramp.
1. "chair" shall mean the chair of the [New York state thruway author-
ity] DEMONSTRATION PROGRAM CREATED PURSUANT TO THIS SECTION, WHO SHALL
BE APPOINTED BY THE COMMISSIONER;
7. ["thruway authority" shall mean the New York state thruway authori-
ty, a body corporate and politic constituting a public corporation
created and constituted pursuant to title nine of article two of the
public authorities law; and
8.] "thruway" shall mean generally a divided highway under the juris-
diction of the [thruway authority] DEPARTMENT OF TRANSPORTATION for
mixed traffic with access limited as the [authority] DEPARTMENT OF
TRANSPORTATION may determine and generally with grade separations at
intersections, COMMONLY REFERRED TO AS THE NEW YORK STATE THRUWAY.
11. the total amount of revenue realized by the state [or thruway
authority] in connection with the program;
12. the expenses incurred by the state [or the thruway authority] in
connection with the program;
13. an itemized list of expenditures made by the state [and the thru-
way authority] on work zone safety projects undertaken in accordance
with subdivisions eleven and twelve of section eighteen hundred three of
this chapter; and
§ 53. Subdivision (a) and paragraph 1 of subdivision (b) of section
1204 of the vehicle and traffic law, as amended by chapter 193 of the
laws of 1974, are amended to read as follows:
(a) Whenever any police officer, or in a city having a population in
excess of one million any person designated by the commissioner of traf-
fic of such city or on highways under the jurisdiction of the [New York
state thruway authority] DEPARTMENT OF TRANSPORTATION, the office of
parks and recreation, a county park commission, a parkway authority, a
bridge authority or a bridge and tunnel authority any person designated
by such office, commission or authority, finds a vehicle standing upon a
highway in violation of any of the foregoing provisions of this article
such officer is hereby authorized to move such vehicle, or require the
driver or other person in charge of the vehicle to move the same to a
position off the paved or main-traveled part of such highway.
1. Whenever any police officer, or in a city having a population in
excess of one million any person designated by the commissioner of traf-
fic of such city or on highways under the jurisdiction of the [New York
S. 2344 25
state thruway authority] DEPARTMENT OF TRANSPORTATION, the office of
parks and recreation, a county park commission, a parkway authority, a
bridge authority or a bridge and tunnel authority any person designated
by such office, commission or authority finds a vehicle unattended where
it constitutes an obstruction to traffic, or any place where stopping,
standing or parking is prohibited, such officer is hereby authorized to
provide for the removal of such vehicle, semitrailer or trailer to a
garage, automobile pound or other place of safety.
§ 54. Subdivision 4 of section 1224 of the vehicle and traffic law, as
amended by chapter 298 of the laws of 1987, is amended to read as
follows:
4. For the purposes of this section, a local authority entitled to
custody of an abandoned vehicle shall be the town in which the vehicle
was abandoned, or if abandoned in a city or village, the city or village
in which the vehicle was abandoned, except that if a vehicle is aban-
doned on property [of the New York state thruway authority or property]
under the jurisdiction of the office of parks, recreation and historic
preservation, the department of transportation, or a public authority or
commission, such authority, office, department or commission shall be
entitled to the custody of such vehicle. Notwithstanding any provision
of this section to the contrary, the office of general services shall be
entitled to the custody of any vehicle abandoned on state property
subsequent to its sale by such office. The commissioner may, by regu-
lation, provide that a county may act as the agent for a local authority
for the purpose of removing and disposing of abandoned vehicles.
§ 55. Subdivision (a) of section 1603 of the vehicle and traffic law,
as amended by chapter 142 of the laws of 2000, is amended to read as
follows:
(a) Any or all of the powers granted by this chapter to the legisla-
tive body of a city or village or to [the New York state thruway author-
ity,] the office of parks, recreation and historic preservation, the
department of environmental conservation, the department of agriculture
and markets, the industrial exhibit authority, a county park commission,
a parkway authority, a bridge authority or a bridge and tunnel authority
may be delegated to any official, board or agency thereof designated by
it or designated by law. If any authority or commission herein mentioned
shall cease to exist, its powers as granted by this chapter shall
devolve upon the state or municipal corporation succeeding to the prop-
erty, functions, powers and duties of such authority or commission, as
the case may be, and may be delegated by its legislative body to any
official, board or agency thereof as designated by it or by law.
§ 56. The opening paragraph of section 1630 of the vehicle and traffic
law, as amended by chapter 142 of the laws of 2000, is amended to read
as follows:
[The New York state thruway authority, a] A county park commission,
the Niagara Falls bridge commission, a parkway authority, a bridge
authority, including the Buffalo and Fort Erie public bridge authority,
the metropolitan transportation authority, the Long Island Rail Road,
the Metro-North Commuter Railroad, the office of parks, recreation and
historic preservation, the department of environmental conservation, THE
DEPARTMENT OF TRANSPORTATION, the department of agriculture and markets,
the industrial exhibit authority or a bridge and tunnel authority may by
ordinance, order, rule or regulation prohibit, restrict or regulate
traffic on or pedestrian use of any highway, property or facility under
its jurisdiction. The provisions of section sixteen hundred of this
title shall be applicable to such ordinances, orders, rules and regu-
S. 2344 26
lations, provided, however, that such ordinances, orders, rules and
regulations shall supersede the provisions of this chapter where incon-
sistent or in conflict with respect to the following enumerated
subjects:
§ 57. Section 1631 of the vehicle and traffic law is amended to read
as follows:
§ 1631. Additional traffic regulation on the New York state thruway.
In addition to the other powers granted by this article, the [New York
state thruway authority] DEPARTMENT OF TRANSPORTATION may by order, rule
or regulation prohibit or regulate overtaking and passing on the New
York state thruway. Any such order, rule or regulation shall supersede
the provisions of section eleven hundred twenty-three OF THIS CHAPTER.
§ 58. Section 1646 of the vehicle and traffic law, as separately
amended by chapters 78 and 934 of th laws of 1960 and as renumbered by
chapter 431 of the laws of 1992, is amended to read as follows:
§ 1646. Application of article. This article shall not apply with
respect to state highways maintained by the state which are controlled-
access highways outside of cities having a population in excess of one
million, nor to highways under the jurisdiction of the [New York state
thruway authority] DEPARTMENT OF TRANSPORTATION, a regional state park
commission, a county park commission, a parkway authority, a bridge
authority, or a bridge and tunnel authority, except that this article
shall apply to any portion of the New York state thruway that is located
within a city having a population in excess of one million.
§ 59. Section 1664 of the vehicle and traffic law, as amended by chap-
ter 193 of the laws of 1974, is amended to read as follows:
§ 1664. Application of article. This article shall not apply with
respect to state highways maintained by the state which are controlled
access highways, nor to highways under the jurisdiction of the [New York
state thruway authority] DEPARTMENT OF TRANSPORTATION, the office of
parks and recreation, a county park commission, a parkway authority, a
bridge authority, or a bridge and tunnel authority.
§ 60. Subdivision (b) of section 1683 of the vehicle and traffic law,
as amended by chapter 193 of the laws of 1974, is amended to read as
follows:
(b) Such signs shall be required for orders, ordinances, rules, or
regulations made by the [New York state thruway authority] DEPARTMENT OF
TRANSPORTATION, the office of parks and recreation, a county park
commission, a parkway authority, a bridge authority, a bridge and tunnel
authority or the legislative body of a city having a population in
excess of one million or any board, body or official to whom the power
of such local authority has been designated only in so far as such local
authorities in their discretion may deem practicable.
§ 61. Subdivision 12 of section 1803 of the vehicle and traffic law,
as amended by chapter 557 of the laws of 2023, is amended to read as
follows:
12. Where the [chair of the New York state thruway authority] COMMIS-
SIONER OF TRANSPORTATION has established a demonstration program impos-
ing monetary liability on the owner of a vehicle for failure of an oper-
ator thereof to comply with subdivision (b), (d), (f) or (g) of section
eleven hundred eighty of this chapter in accordance with section eleven
hundred eighty-e of this chapter, any fine or penalty collected by a
court, judge, magistrate or other officer for an imposition of liability
which occurs pursuant to such program shall be paid to the state comp-
troller within the first ten days of the month following collection,
except as otherwise provided in subdivision three of section ninety-
S. 2344 27
nine-a of the state finance law. Every such payment shall be accompa-
nied by a statement in such form and detail as the comptroller shall
provide. Notwithstanding the provisions of subdivision five of this
section, eighty percent of any such fine or penalty imposed for such
liability shall be paid to the [thruway authority] DEPARTMENT OF TRANS-
PORTATION, and twenty percent of any such fine or penalty shall be paid
to the city, town or village in which the violation giving rise to the
liability occurred, provided, however, that within a county that has
established a traffic and parking violations agency pursuant to section
three hundred seventy of the general municipal law and such liability is
disposed of by such agency, eighty percent of any such fine or penalty
imposed for such liability shall be paid to the [thruway authority]
DEPARTMENT OF TRANSPORTATION, and twenty percent of any such fine or
penalty shall be paid to the county in which the violation giving rise
to the liability occurred. With respect to the percentage of fines or
penalties paid to the [thruway authority] DEPARTMENT OF TRANSPORTATION,
no less than sixty percent shall be dedicated to [thruway authority]
DEPARTMENT OF TRANSPORTATION work zone safety projects after deducting
the expenses necessary to administer such demonstration program,
provided, however, that such funds provided pursuant to this subdivision
shall be payable on the audit and warrant of the comptroller and shall
only be used to supplement and not supplant current expenditures of
state funds on work zone safety projects. For the purposes of this
subdivision, "work zone safety projects" shall apply to work zones under
the jurisdiction of the [thruway authority] DEPARTMENT OF TRANSPORTATION
and shall include, but not be limited to, inspection and implementation
of work zone design, maintenance, traffic plans and markings, worker
safety training, contractor outreach, enforcement efforts, radar speed
display signs at major active work zones and police presence at major
active work zones, as provided in section twenty-two of the transporta-
tion law. [For the purposes of this subdivision, the term "thruway
authority" shall mean the New York state thruway authority, a body
corporate and politic constituting a public corporation created and
constituted pursuant to title nine of article two of the public authori-
ties law.] All fines, penalties and forfeitures paid to a county, city,
town or village pursuant to the provisions of this subdivision shall be
credited to the general fund of such county, city, town or village,
unless a different disposition is prescribed by charter, special law,
local law or ordinance.
§ 62. Paragraph (b) of subdivision 6 of section 40 of the veterans'
services law is amended to read as follows:
(b) a "state authority" as defined in subdivision one of section two
of the public authorities law, and the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
S. 2344 28
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;
Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
New York State Olympic Regional Development Authority;
[New York State Thruway Authority;]
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Syracuse Regional Airport Authority;
Triborough Bridge and Tunnel Authority;
Upper Mohawk valley regional water board;
Upper Mohawk valley regional water finance authority;
Upper Mohawk valley memorial auditorium authority;
Urban Development Corporation and its subsidiary corporations.
§ 63. Title 9 of article 2 of the public authorities law is REPEALED.
§ 64. Subdivision 15 of section 2.10 of the criminal procedure law is
REPEALED.
§ 65. Subdivision 4 of section 27-1915 of the environmental conserva-
tion law is REPEALED.
§ 66. Section 10-a of the highway law is REPEALED.
§ 67. Section 10-e of the highway law is REPEALED.
§ 68. Paragraph (y) of subdivision 1 of section 17 of the public offi-
cers law is REPEALED.
§ 69. Section 89-c of the retirement and social security law is
REPEALED.
§ 70. Paragraph v of subdivision 11 of section 98 of the state finance
law is REPEALED.
§ 71. Subparagraph 7 of paragraph b of subdivision 2 of section 105 of
the state finance law is REPEALED.
§ 72. Subdivision 2 of section 35 of the transportation law is
REPEALED.
§ 73. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any compe-
tent jurisdiction, such decision shall not affect the validity of the
effectiveness of the remaining portions of this act or any part thereof.
§ 74. This act shall take effect one year after it shall have become a
law; provided, however that:
(a) The amendments to paragraph (b) of subdivision 11 of section 310
of the executive law made by section 15 of this act shall not affect the
repeal of such section and shall expire and be deemed repealed there-
with;
(b) The amendments to paragraph (a) of subdivision 5 of section 92-r
of the state finance law made by section 39 of this act shall not affect
the repeal of such section and shall expire and be deemed repealed ther-
ewith;
S. 2344 29
(c) The amendments to section 1180-e of the vehicle and traffic law
made by section 52 of this act shall not affect the repeal of such
section and shall expire and be deemed repealed therewith; and
(d) The amendments to subdivision 12 of section 1803 of the vehicle
and traffic law made by section 61 of this act shall not affect the
repeal of such subdivision and shall expire and be deemed repealed ther-
ewith.
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