S. 5552 2
increase from 2013 to 2018 as the FHV fleet ballooned. Transportation
generates approximately 30% of New York City's total carbon emissions,
with the FHV fleet responsible for a substantial portion of this total.
The massive increase in emissions from the FHV fleet has moved New York
City away from the goal established by the City Council of zero carbon
emissions by 2050. Statewide, rideshare vehicles are a disproportionate
driver of greenhouse gas emissions that cause climate change because
they are on the road more hours than privately-used vehicles. Addi-
tionally, the State is far behind the curve in meeting its emissions
reductions and renewable energy production established by the Climate
Leadership and Community Protection Act (CLCPA).
c. Wheelchair accessibility. Very few rideshare vehicles are wheel-
chair accessible across New York State. In 2011, people with disabili-
ties launched a campaign to bring New York City's taxicab fleet into
line with the requirements of the Americans with Disabilities Act (ADA).
In 2014, the campaign won a consent decree that mandated that half of
the taxicab fleet of 13,587 vehicles would be made up of Wheelchair
Accessible Vehicles (WAVs) by 2020. The 2013 decree was enhanced by an
August 29, 2024 court order requiring all new taxis to be wheelchair
accessible until half of all taxis are accessible. To fund this mandate,
in 2014 the City of New York created a 30-cent surcharge on all yellow
and green cab rides to establish a Taxicab Improvement Fund (TIF) which
would issue grants of up to $30,000 to medallion owners to buy and main-
tain accessible vehicles. This surcharge was recently increased to
$1/trip. To date, 3,564 WAV vehicles, which is less than half the fleet
of 13,587 taxis, have been purchased and deployed as taxis. Only around
half the medallion fleet has come back on the road since the start of
the pandemic. The Taxis For All Campaign advocated for accessibility in
New York City's FHV fleets; in response, the New York City Taxi and
Limousine Commission approved performance standards for these fleets,
requiring them to serve wheelchair users within 15 minutes of a ride
request. However, with no funding available on the for-hire vehicle side
of the industry, only 3,373 out of a total of 94,000 FHVs in New York
City are wheelchair accessible. Statewide, there is no mandate for taxi
or for-hire vehicle accessibility, and wheelchair accessible vehicles
are essentially non-existent, in spite of efforts by advocates to
require wheelchair accessibility when the state passed legislation to
allow FHVs to operate. In practical terms, the failure to provide wheel-
chair accessible FHVs and taxis means that persons with disabilities who
need to use WAVs are unable to get jobs, attend school, or otherwise
fully participate in the civic and public life of their communities.
Instead, they must rely on woefully inadequate paratransit systems or
infrequent and unreliable bus service, or are just isolated at home.
2. It is in the interest of the state to establish a dedicated public
authority, the Green Accessible Transition Authority, to address the
three crises of driver poverty, climate change, and lack of wheelchair
accessible vehicles in the FHV industry. The Green Accessible Transition
Authority will manage funding collected through a surcharge on FHV
rides, additional government appropriations, and bond issuances to:
a. Work with and incentivize auto manufacturers and retrofitters to
rapidly develop and market zero-emissions wheelchair accessible vehi-
cles;
b. Establish a co-investment program to incentivize and enable FHV
drivers to purchase or retrofit zero-emission and wheelchair accessible
vehicles;
S. 5552 3
c. Develop zero-emission vehicle charging infrastructure and mainte-
nance facilities for zero-emission and wheelchair accessible vehicles;
d. Establish a voluntary transition program for drivers who wish to
leave the FHV industry to receive paid training for employment in green
jobs or jobs in disability advocacy;
e. Fund other initiatives to advance economic development with the
goal of decarbonizing the transportation sector and creating good, green
jobs and jobs in disability advocacy; and
f. Improve paratransit service across New York State.
3. It is critical that the Green Accessible Transition Authority
represent the public, drivers, autoworkers, environmental justice advo-
cates, and disability justice advocates, and be transparent and account-
able to these stakeholders in managing funding and programs.
§ 3. Article 8 of the public authorities law is amended by adding a
new title 7 to read as follows:
TITLE 7
GREEN ACCESSIBLE TRANSITION AUTHORITY
SECTION 1750. DEFINITIONS.
1751. GREEN ACCESSIBLE TRANSITION AUTHORITY.
1752. MEMBERS.
1753. PURPOSES, POWERS AND DUTIES OF THE AUTHORITY.
1754. ADDITIONAL POWERS OF THE AUTHORITY.
1755. GREEN ACCESSIBLE TRANSITION FUND.
1756. ACCOUNTS AND FUNDING.
1757. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES.
1758. AUDIT AND ANNUAL REPORT.
1759. LABOR AND PROCUREMENT STANDARDS.
1760. BONDS AND NOTES.
1761. RESERVE FUNDS AND APPROPRIATIONS.
1762. EXEMPTION FROM TAXATION OF BONDS AND NOTES.
1763. BONDS AND NOTES LEGAL INVESTMENTS FOR FIDUCIARIES.
1764. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS.
1765. RIGHTS AND REMEDIES OF BONDHOLDERS AND NOTEHOLDERS.
1766. STATE NOT LIABLE ON BONDS AND NOTES.
§ 1750. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A
DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
1. "AUTHORITY" MEANS THE GREEN ACCESSIBLE TRANSITION AUTHORITY ESTAB-
LISHED PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-ONE OF THIS TITLE.
2. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR THE BURDENS
OF NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION, AND IMPACTS
OF CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDEN-
TIFIED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION
LAW.
3. "DISADVANTAGED OR UNDERREPRESENTED WORKER" MEANS A RESIDENT OF NEW
YORK STATE WHO:
(A) IS A WOMAN, WHEN CONSIDERING CONSTRUCTION AND BUILDING CONTRACTS;
(B) HAS A HOUSEHOLD INCOME OF LESS THAN FIFTY PERCENT OF THE AREA
MEDIAN INCOME;
(C) IS AN INDIVIDUAL RESIDING IN AN AREA OF CONCENTRATED POVERTY;
(D) HAS A DISABILITY;
(E) IS A VETERAN;
(F) IS A PERSON PREVIOUSLY INCARCERATED OR CONVICTED OF A CRIM-
INAL OFFENSE; OR
(G) IS LONG-TERM UNEMPLOYED.
S. 5552 4
4. "DOWNSTATE REGION" MEANS THAT PORTION OF THE STATE THAT INCLUDES
EACH OF THE FOLLOWING COUNTIES: NASSAU, SUFFOLK, PUTNAM, ROCKLAND, WEST-
CHESTER, DUTCHESS, ORANGE, BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND.
5. "ELECTRIC VEHICLE" MEANS A VEHICLE POWERED ONLY BY AN ELECTRIC
MOTOR THAT DRAWS CURRENT FROM RECHARGEABLE STORAGE BATTERIES, FUEL
CELLS, PHOTOVOLTAIC ARRAYS, OR OTHER SOURCES OF ELECTRIC CURRENT.
6. "ELECTRIC VEHICLE CHARGING INFRASTRUCTURE" MEANS ANY PHYSICAL
INFRASTRUCTURE REQUIRED FOR THE CONSTRUCTION OF ELECTRIC VEHICLE CHARG-
ING STATIONS.
7. "ELECTRIC VEHICLE CHARGING STATION" MEANS STATIONS THAT DELIVER
ELECTRICITY FROM A SOURCE OUTSIDE AN ELECTRIC VEHICLE INTO ONE OR MORE
ELECTRIC VEHICLES, OR ANY RELATED EQUIPMENT NEEDED TO FACILITATE CHARG-
ING ELECTRIC VEHICLES.
8. "ENVIRONMENTALLY SUSTAINABLE PRACTICES" MEANS PRACTICES THAT PRIOR-
ITIZE THE RESPONSIBLE USE OF NATURAL RESOURCES TO MAINTAIN ECOLOGICAL
BALANCE AND ENSURE THE CONSERVATION OF RESOURCES FOR FUTURE GENERATIONS.
9. "FOR-HIRE VEHICLE" MEANS ANY TRANSPORTATION NETWORK COMPANY VEHICLE
(TNC VEHICLE) AS DEFINED IN SECTION SIXTEEN HUNDRED NINETY-ONE OF THE
VEHICLE AND TRAFFIC LAW AND ANY FOR-HIRE VEHICLE AS DEFINED IN SECTION
19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
10. "FOR-HIRE VEHICLE IMPROVEMENT SURCHARGE" MEANS THE SURCHARGE ON
FOR-HIRE VEHICLE TRANSPORTATION TRIPS IMPOSED UNDER ARTICLE
TWENTY-NINE-E OF THE TAX LAW.
11. "GREEN JOB" MEANS EMPLOYMENT WITHIN INDUSTRIES THAT EMPLOY ENVI-
RONMENTALLY SUSTAINABLE PRACTICES.
12. "UPSTATE REGION" MEANS THAT PORTION OF THE STATE THAT INCLUDES
EACH AND EVERY COUNTY OF THE STATE NOT INCLUDED IN THE DOWNSTATE REGION,
AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION.
13. "WHEELCHAIR ACCESSIBLE VEHICLE" MEANS A VEHICLE EQUIPPED WITH A
HYDRAULIC LIFT OR RAMPS DESIGNED FOR THE PURPOSE OF TRANSPORTING PERSONS
USING WHEELCHAIRS OR A VEHICLE CONTAINING ANY OTHER PHYSICAL DEVICE OR
ALTERATION DESIGNED TO PERMIT ACCESS TO AND ENABLE THE TRANSPORTATION OF
PERSONS USING WHEELCHAIRS AND WHICH MEETS THE FEDERAL AMERICANS WITH
DISABILITIES ACT REQUIREMENTS FOR A WHEELCHAIR ACCESSIBLE VEHICLE.
14. "ZERO-EMISSION VEHICLE" MEANS A VEHICLE THAT PRODUCES NO DIRECT
EXHAUST OR TAILPIPE EMISSIONS AND INCLUDES, BUT IS NOT LIMITED TO, ELEC-
TRIC VEHICLES.
15. "PARATRANSIT" MEANS TRANSPORTATION SERVICES REQUIRED BY THE
FEDERAL AMERICANS WITH DISABILITIES ACT FOR INDIVIDUALS WITH DISABILI-
TIES WHO ARE UNABLE TO USE FIXED ROUTE TRANSPORTATION SYSTEMS AS DEFINED
IN 49 CFR § 37.3.
16. "PRESIDENT" MEANS THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY.
§ 1751. GREEN ACCESSIBLE TRANSITION AUTHORITY. THERE IS HEREBY CREATED
THE GREEN ACCESSIBLE TRANSITION AUTHORITY (GREATA). THE AUTHORITY SHALL
BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPO-
RATION.
§ 1752. MEMBERS. 1. THE AUTHORITY SHALL CONSIST OF NINE VOTING
MEMBERS, WHO SHALL BE APPOINTED AS FOLLOWS: TWO SHALL BE REPRESENTATIVES
OF ENVIRONMENTAL JUSTICE ORGANIZATIONS, ONE OF WHOM SHALL BE APPOINTED
BY THE GOVERNOR, AND ONE OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF
THE ASSEMBLY; TWO SHALL BE REPRESENTATIVES OF DISABILITY JUSTICE ORGAN-
IZATIONS AND SHALL BE PARATRANSIT USERS, ONE OF WHOM SHALL BE APPOINTED
BY THE GOVERNOR, AND ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY
PRESIDENT OF THE SENATE; ONE SHALL BE A REPRESENTATIVE OF DRIVERS OF
FOR-HIRE VEHICLES WHO IS A MEMBER OF A NEW YORK STATE WORKER COOPERATIVE
CORPORATION OWNED BY DRIVERS LICENSED BY THE NEW YORK CITY TAXI AND
S. 5552 5
LIMOUSINE COMMISSION AND SHALL BE APPOINTED BY THE GOVERNOR; ONE SHALL
BE A REPRESENTATIVE OF AN ORGANIZATION WITH A TRACK RECORD OF ADVOCACY
FOR A JUST, GREEN TRANSITION OF THE FOR-HIRE VEHICLE INDUSTRY AND SHALL
BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE SHALL BE A REPRESEN-
TATIVE OF AUTOMOTIVE WORKERS' UNION AND SHALL BE APPOINTED BY THE TEMPO-
RARY PRESIDENT OF THE SENATE; ONE SHALL BE A REPRESENTATIVE OF A BUILD-
ING TRADES UNION AND SHALL BE APPOINTED BY THE GOVERNOR; AND ONE SHALL
BE APPOINTED BY THE GOVERNOR AS AN AT-LARGE REPRESENTATIVE OF THE PUBLIC
WITH CONSENT FROM BOTH HOUSES OF THE LEGISLATURE. FOUR OF THE MEMBERS
SHALL RESIDE IN THE UPSTATE REGION OF THE STATE AND FIVE OF THE MEMBERS
SHALL RESIDE IN THE DOWNSTATE REGION. ALL OF THE APPOINTED MEMBERS
SHALL HAVE RELEVANT EXPERIENCE IN ANY OR ALL OF THE FOLLOWING AREAS:
ENVIRONMENTAL JUSTICE, DISABILITY JUSTICE, ENERGY MARKETS, ENERGY
SYSTEMS, ORGANIZED LABOR, WORKFORCE DEVELOPMENT, SUSTAINABLE LAND USE,
TRANSPORTATION, AND CLEAN ENERGY.
2. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSORS
ARE APPOINTED AND QUALIFY. OF THE APPOINTED MEMBERS, SIX OF THE MEMBERS
APPOINTED BY THE GOVERNOR SHALL SERVE INITIAL TERMS OF FOUR YEARS, WHILE
THE REMAINING FIVE MEMBERS SHALL SERVE INITIAL TERMS OF THREE YEARS.
THEREAFTER, ALL TERMS SHALL BE FOR A PERIOD OF FOUR YEARS.
3. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL
APPOINTMENTS. MEMBERS MAY BE REMOVED FROM OFFICE FOR THE SAME REASONS
AND IN THE SAME MANNER AS MAY BE PROVIDED BY LAW FOR THE REMOVAL OF
OFFICERS OF A COUNTY.
4. THE MEMBERS OF THE AUTHORITY SHALL DESIGNATE THE CHAIR. THE CHAIR
SHALL PRESIDE OVER MEETINGS OF THE AUTHORITY AND SHALL SERVE AS THE
PRIMARY LIAISON BETWEEN THE MEMBERS AND AUTHORITY STAFF. A VICE-CHAIR
MAY BE ELECTED BY THE AUTHORITY FROM AMONG ITS OTHER MEMBERS TO SERVE AS
SUCH AT THE PLEASURE OF THE AUTHORITY. THE VICE-CHAIR SHALL PRESIDE OVER
ALL MEETINGS OF THE AUTHORITY IN THE ABSENCE OF THE CHAIR AND SHALL HAVE
SUCH OTHER DUTIES AS THE AUTHORITY MAY PRESCRIBE. THE PRESIDENT SHALL BE
THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY AND SHALL BE PRIMARILY
RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRATIVE FUNC-
TIONS OF THE AUTHORITY.
5. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE REIMBURSED FOR ALL OTHER ACTUAL AND NECES-
SARY EXPENSES INCURRED IN CONNECTION WITH THE CARRYING OUT OF THE
PURPOSES OF THIS TITLE.
§ 1753. PURPOSES, POWERS AND DUTIES OF THE AUTHORITY. 1. THE
PURPOSES OF THE AUTHORITY SHALL BE TO PROMOTE THE SIMULTANEOUS TRANSI-
TION OF THE FOR-HIRE VEHICLE AND OTHER STATE INDUSTRIES TO ENVIRON-
MENTALLY SUSTAINABLE PRACTICES AND INCREASE UNIVERSAL ACCESSIBILITY OF
FOR-HIRE VEHICLES, PARATRANSIT SERVICES, AND TAXI SERVICES STATEWIDE.
2. EXCEPT AS OTHERWISE LIMITED BY THIS TITLE, THE AUTHORITY SHALL
HAVE THE POWER TO:
(A) SUE AND BE SUED;
(B) HAVE A SEAL OR ALTER SUCH SEAL AT PLEASURE;
(C) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND MANAGEMENT AND TO
MAKE AND ALTER RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS
POWERS AND FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE;
(D) MAKE RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS CORPORATE
POWERS AND THE FULFILLMENT OF ITS CORPORATE PURPOSES UNDER THIS TITLE
AND TITLE NINE-A OF THIS ARTICLE, WHICH SHALL BE FILED WITH THE DEPART-
MENT OF STATE IN THE MANNER PROVIDED BY SECTION ONE HUNDRED TWO OF THE
EXECUTIVE LAW;
S. 5552 6
(E) APPOINT SUCH OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT REGARD TO
ANY PERSONNEL OR CIVIL SERVICE LAW, RULE OR REGULATION OF THE STATE AND
IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY, AS IT MAY
REQUIRE FOR THE PERFORMANCE OF ITS DUTIES AND TO FIX AND DETERMINE THEIR
QUALIFICATIONS, DUTIES AND COMPENSATION;
(F) ACQUIRE, LEASE, HOLD, AND DISPOSE OF REAL AND PERSONAL PROPERTY,
WHETHER TANGIBLE OR INTANGIBLE, OR ANY INTEREST THEREIN, BY ANY METHOD;
(G) MAKE AND EXECUTE AGREEMENTS, CONTRACTS OR OTHER INSTRUMENTS NECES-
SARY OR CONVENIENT FOR THE EXERCISE OF ITS FUNCTIONS, POWERS AND DUTIES
UNDER THIS TITLE;
(H) FIX AND COLLECT FEES, RENTALS AND CHARGES FOR THE USE OF ANY PROP-
ERTY OR FACILITY UNDER ITS JURISDICTION, OR FOR THE SALE OF ANY PRODUCT,
BY-PRODUCT OR SERVICE PRODUCED IN OR PROVIDED BY ANY SUCH FACILITY, AND
ESTABLISH THE RIGHTS AND PRIVILEGES CREATED UPON PAYMENT THEREOF. SUCH
FEES, RENTALS AND CHARGES SHALL BE ESTABLISHED BY THE AUTHORITY SO AS TO
PRODUCE, IN THE JUDGMENT OF THE AUTHORITY, REVENUES SUFFICIENT, TOGETHER
WITH ANY OTHER FUNDS AVAILABLE TO THE AUTHORITY, TO MEET THE EXPENSES OF
MAINTENANCE AND OPERATION OF THE FACILITIES OF THE AUTHORITY, TO REPAY
ANY MONEYS REPAYABLE TO THE STATE, TO FULFILL THE TERMS OF AGREEMENTS
WITH THE HOLDERS OF ITS BONDS, NOTES, OR OTHER OBLIGATIONS, AND TO
PROVIDE FUNDS FOR SUCH OTHER CORPORATE PURPOSES AS THE AUTHORITY MAY
DEEM APPROPRIATE;
(I) BORROW MONEY AND ISSUE SUCH NOTES, BONDS, OR OTHER OBLIGATIONS IN
RELATION TO SUCH INDEBTEDNESS, AND SECURE ANY OF ITS OBLIGATIONS BY
MORTGAGE OR PLEDGE OF ALL OR ANY OF ITS PROPERTY OR ANY INTEREST THERE-
IN, WHEREVER SITUATED;
(J) ARRANGE FOR GUARANTEES OF ITS BONDS, NOTES, OR OTHER OBLIGATIONS
BY THE FEDERAL GOVERNMENT OR BY ANY PRIVATE INSURER OR OTHERWISE AND TO
PAY ANY PREMIUMS THEREFOR;
(K) PURCHASE BONDS, NOTES, OR OTHER OBLIGATIONS OF THE AUTHORITY AT
SUCH PRICE OR PRICES AS THE AUTHORITY MAY DETERMINE;
(L) LEND MONEY, INVEST AND REINVEST ITS FUNDS, AND TAKE AND HOLD REAL
AND PERSONAL PROPERTY AS SECURITY FOR THE PAYMENT OF FUNDS SO LOANED OR
INVESTED;
(M) PROCURE INSURANCE OR OBTAIN INDEMNIFICATION FROM THE FEDERAL
GOVERNMENT OR OTHER PERSONS AGAINST ANY LOSS IN CONNECTION WITH ITS
PROPERTIES OR OPERATIONS IN SUCH AMOUNT OR AMOUNTS AND FROM SUCH INSUR-
ERS, INCLUDING THE FEDERAL GOVERNMENT, AS IT MAY DEEM NECESSARY OR
DESIRABLE, AND TO PAY ANY PREMIUMS THEREFOR;
(N) ACCEPT ANY GIFTS OR GRANTS OR LOANS OF FUNDS OR PROPERTY OR FINAN-
CIAL OR OTHER AID IN ANY FORM FROM THE FEDERAL GOVERNMENT OR ANY AGENCY
OR INSTRUMENTALITY THEREOF, THE STATE, OR ANY OTHER SOURCE, AND TO
COMPLY WITH THE PROVISIONS OF THIS TITLE AND THE TERMS AND CONDITIONS
THEREOF;
(O) ENGAGE THE SERVICES OF BOND COUNSEL, FINANCIAL ADVISORS, ACCOUNT-
ANTS, ENGINEERS, ATTORNEYS, AND OTHER PRIVATE CONSULTANTS ON A CONTRACT
BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
(P) CREATE OR ACQUIRE ONE OR MORE WHOLLY-OWNED SUBSIDIARIES AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE;
(Q) NEGOTIATE AND ENTER INTO AGREEMENTS WITH TRUSTEES OR RECEIVERS
APPOINTED BY UNITED STATES BANKRUPTCY COURTS OR FEDERAL DISTRICT COURTS
OR IN OTHER PROCEEDINGS INVOLVING ADJUSTMENT OF DEBTS, AND TO AUTHORIZE
LEGAL COUNSEL FOR THE AUTHORITY TO APPEAR IN ANY SUCH PROCEEDINGS;
(R) FILE A PETITION UNDER CHAPTER NINE OF TITLE ELEVEN OF THE UNITED
STATES BANKRUPTCY CODE, OR TAKE OTHER SIMILAR ACTION FOR THE ADJUSTMENT
OF ITS DEBTS;
S. 5552 7
(S) ENTER INTO MANAGEMENT AGREEMENTS FOR THE OPERATION OF ALL OR ANY
OF THE PROPERTY OR FACILITIES OWNED BY THE AUTHORITY;
(T) MAINTAIN AN OFFICE OR OFFICES AT SUCH PLACE OR PLACES IN THE STATE
AS IT MAY DETERMINE;
(U) MAKE ANY INQUIRY, INVESTIGATION, SURVEY, OR STUDY WHICH THE
AUTHORITY MAY DEEM NECESSARY TO ENABLE IT TO EFFECTIVELY CARRY OUT THE
PROVISIONS OF THIS TITLE AND TO REQUIRE THE PRODUCTION OF RECORDS,
BOOKS, PAPERS, ACCOUNTS, AND OTHER DOCUMENTS, INCLUDING PUBLIC RECORDS,
AND TO MAKE COPIES THEREOF OR EXTRACTS THEREFROM;
(V) ADOPT, REVISE, AMEND, AND REPEAL RULES AND REGULATIONS WITH
RESPECT TO ITS OPERATIONS, PROPERTIES, FACILITIES, AND PROJECTS AS MAY
BE NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS TITLE,
SUBJECT TO THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT;
(W) FROM TIME TO TIME ENTER INTO AGREEMENTS WITH THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION, THE NEW YORK POWER AUTHORITY, THE DEPARTMENT OF
LABOR, THE DEPARTMENT OF STATE, THE METROPOLITAN TRANSPORTATION AUTHORI-
TY, OTHER STATE TRANSIT AUTHORITIES, THE NEW YORK CITY TAXI AND LIMOU-
SINE COMMISSION OR ANY OTHER RELEVANT ENTITY TO FINANCE THE CAPITAL
COSTS OF PROJECTS AUTHORIZED PURSUANT TO SECTION EIGHTY-EIGHT-B OF THE
STATE FINANCE LAW, AND TO ISSUE BONDS AND NOTES FOR CAPITAL PROJECTS
APPROVED BY THE BOARD; PROVIDED, HOWEVER, THAT EACH PROVISION OF THIS
TITLE RELATING TO BONDS AND NOTES WHICH ARE NOT INCONSISTENT WITH THE
PROVISIONS OF THIS SECTION SHALL APPLY TO THE BONDS AND NOTES AUTHORIZED
BY THIS SECTION;
(X) REQUEST SUPPORT AND SERVICES TO THE AUTHORITY FROM ANY OTHER STATE
AGENCY OR AUTHORITY;
(Y) LEVY FINES AND FEES;
(Z) ESTABLISH AND ISSUE GRANTS FOR PROGRAMS, JOBS, UPGRADES, OR FOR
ANY OTHER PURPOSE WITHIN THE SCOPE OF THE AUTHORITY;
(AA) PRIORITIZE GRANTING FUNDS TO PROJECTS, PROGRAMS AND INITIATIVES
IN DISADVANTAGED COMMUNITIES OR DISADVANTAGED WORKERS; AND
(BB) ASSIST OTHER STATE AND LOCAL AGENCIES AND AUTHORITIES IN THE
PROCUREMENT OF ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES.
3. (A) THE AUTHORITY SHALL NOT GIVE, GRANT, GIFT, OR LOAN MONEY TO ANY
PROJECTS, JOBS, PROGRAMS, OR INITIATIVES THAT FURTHER DEPENDENCE ON
FOSSIL FUELS OR ARE NOT IN COMPLIANCE WITH THE AMERICANS WITH DISABILI-
TIES ACT.
(B) THE AUTHORITY SHALL NOT GRANT OR GIFT MONEY TO ANY PROJECTS, JOBS,
PROGRAMS, OR INITIATIVES WHOSE SHARES CONTAIN A FIFTY PERCENT OR GREATER
INTEREST FROM A FOSSIL FUEL COMPANY OR THAT ARE BEING LED BY A FOSSIL
FUEL COMPANY.
(C) THE AUTHORITY SHALL NOT GIVE, GRANT, GIFT, OR LOAN MONEY TO ANY
PROJECTS, JOBS, PROGRAMS OR INITIATIVES THAT USE BLUE, TURQUOISE,
BROWN/BLACK, YELLOW, WHITE OR GREY HYDROGEN, OR ANY COMBINATION THEREOF,
OR THE PRODUCTION THEREOF IN ANY AMOUNT. ANY USE OF SUCH COLORS OF
HYDROGEN THAT ARE COMBINED WITH GREEN HYDROGEN SHALL NOT RECEIVE ANY
FUNDING FROM THE AUTHORITY.
(D) THE AUTHORITY SHALL HAVE THE ABILITY TO ESTABLISH AND ISSUE GRANTS
FOR PROGRAMS, JOBS, UPGRADES, OR ANYTHING ELSE THAT FALLS WITHIN THE
SCOPE OF THE AUTHORITY, AND AT A MINIMUM, SHALL GRANT FIFTY PERCENT OF
VEHICLE PURCHASE FUNDS TO SUPPORT THE PURCHASE OR RETROFIT OF ZERO-EMIS-
SION WHEELCHAIR ACCESSIBLE FOR-HIRE VEHICLES IN THE FIRST YEAR, AND
INCREASE THE PERCENTAGE BY TEN PERCENT EVERY YEAR THEREAFTER UNTIL ONE
HUNDRED PERCENT OF VEHICLE AT PURCHASE FUNDS HAVE BEEN DEDICATED TO
ZERO-EMISSION WHEELCHAIR ACCESSIBLE FOR-HIRE VEHICLES.
S. 5552 8
(E) THE AUTHORITY SHALL ENSURE THAT AT LEAST FORTY PERCENT OF SPENDING
ON TRANSPORTATION AND CLEAN ENERGY BENEFITS DISADVANTAGED COMMUNITIES IN
ACCORDANCE WITH SECTION 75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW.
§ 1754. ADDITIONAL POWERS OF THE AUTHORITY. IN ADDITION TO THE POWERS
ENUMERATED IN SECTION SEVENTEEN HUNDRED FIFTY-THREE OF THIS TITLE, THE
AUTHORITY SHALL HAVE THE POWER AND OBLIGATION TO:
1. COLLECT DATA FROM TRANSPORTATION NETWORK COMPANY PROVIDERS OPERAT-
ING IN THE STATE INCLUDING, BUT NOT LIMITED TO: (A) THE NUMBER OF WHEEL-
CHAIR-ACCESSIBLE AND ELECTRIC VEHICLES OPERATING IN EACH COUNTY OR
REGION; (B) THE NUMBER OF TRIPS, AND MILEAGE DRIVEN BY FOR-HIRE VEHICLES
AND TAXIS; (C) THE ANNUAL ESTIMATED EMISSIONS OF FOR-HIRE VEHICLES AND
TAXIS STATEWIDE; AND (D) THE NUMBER OF WHEELCHAIR ACCESSIBLE TRIPS
REQUESTED AND COMPLETED BY FOR-HIRE VEHICLES AND TAXIS STATEWIDE.
2. CONDUCT AND PUBLISH ANNUAL STUDIES OF THE FOR-HIRE VEHICLE INDUSTRY
TO SET STANDARDS AND GOALS FOR THE TRANSITION OF THE FOR-HIRE VEHICLE
AND PARATRANSIT FLEETS TO THE EXCLUSIVE USE OF ZERO-EMISSION AND WHEEL-
CHAIR ACCESSIBLE VEHICLES;
3. CONVENE A GREEN ACCESSIBLE VEHICLE TASKFORCE, INCLUDING ENVIRON-
MENTAL JUSTICE, DISABILITY JUSTICE, AND LABOR ADVOCATES TO: (A) ASSESS
THE AVAILABILITY OF ZERO-EMISSION AND WHEELCHAIR ACCESSIBLE VEHICLES;
(B) WORK WITH GOVERNMENT AUTHORITIES AND AUTOMAKERS TO ENSURE THAT VEHI-
CLES MEETING APPROPRIATE ENVIRONMENTAL AND ACCESSIBILITY STANDARDS ARE
BROUGHT TO MARKET, INCLUDING ISSUING A REQUEST FOR PROPOSAL TO INCENTIV-
IZE PRODUCTION OF ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES WITHIN
SIX MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE; AND (C) VET VEHICLES
ELIGIBLE FOR INCLUSION IN THE CO-INVESTMENT PROGRAM PURSUANT TO SUBDIVI-
SION FOUR OF THIS SECTION BASED ON THEIR AVAILABLE FEATURES AND THE
AUTOMAKERS' COMMITMENT TO LABOR, SOCIAL AND ENVIRONMENTAL BENEFITS;
4. ADMINISTER A CO-INVESTMENT PROGRAM FOR THE PURCHASE OF QUALIFYING
VEHICLES, UNDER THE TERMS OF WHICH FOR-HIRE VEHICLE DRIVERS AND PARA-
TRANSIT AGENCIES AND PROGRAMS SHALL BE ELIGIBLE FOR A VOUCHER OF AN
AMOUNT AND UNDER THE TERMS TO BE DETERMINED BY THE AUTHORITY TOWARD THE
PURCHASE OF ZERO-EMISSION VEHICLES AND WHEELCHAIR ACCESSIBLE VEHICLES
APPROVED FOR INCLUSION IN THE PROGRAM BY THE GREEN ACCESSIBLE VEHICLE
TASKFORCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. IN THE EVENT
THE AUTHORITY MAKES A DETERMINATION THAT INSUFFICIENT ACCESSIBLE ZERO-
EMISSIONS VEHICLES ARE AVAILABLE FOR PURCHASE OR RETROFIT TO MEET THIS
GOAL IN A GIVEN YEAR, THE AUTHORITY MAY INSTEAD UTILIZE FUNDS TO SUPPORT
EXPANSION OF ON-DEMAND PARATRANSIT SERVICE STATEWIDE AND ELECTRIFICATION
OF DEDICATED PARATRANSIT FLEETS;
5. AFTER THE ZERO-EMISSION AND WHEELCHAIR ACCESSIBLE VEHICLE TRANSI-
TION GOALS ARE MET, DEVELOP AND ADMINISTER A VOLUNTARY PROGRAM FOR DRIV-
ERS OF FOR-HIRE VEHICLES TO RECEIVE TRAINING AND FINANCIAL SUPPORT TO
ENTER INTO ALTERNATIVE EMPLOYMENT IN PUBLIC SERVICE, GREEN, OR DISABILI-
TY JUSTICE JOBS;
6. FUND THE DEVELOPMENT OF INFRASTRUCTURE REQUIRED TO SUPPORT THE
EXPANDING USE OF ZERO-EMISSION VEHICLES, INCLUDING BUT NOT LIMITED TO
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE;
7. FUND THE PURCHASE OF ZERO-EMISSION AND WHEELCHAIR ACCESSIBLE VEHI-
CLES, EXCLUDING ANY HYDROGEN-BASED VEHICLES THAT OPERATE ON ANY COLOR OF
HYDROGEN OTHER THAN GREEN HYDROGEN, AND INFRASTRUCTURE NEEDED TO RAPIDLY
TRANSITION PUBLIC PARATRANSIT SERVICES TO ZERO-EMISSION VEHICLES;
8. FUND ANY AND ALL OTHER ACTIVITIES THAT PROMOTE AND FACILITATE: (A)
THE TRANSITION OF NEW YORK STATE TOWARD ONE HUNDRED PERCENT ZERO-EMIS-
SION WHEELCHAIR ACCESSIBLE VEHICLES; (B) AFTER THE PRIMARY GOAL OF A
TRANSITION OF THE FOR-HIRE VEHICLE INDUSTRY TO ZERO-EMISSION WHEELCHAIR
S. 5552 9
ACCESSIBLE VEHICLES HAS BEEN SUBSTANTIALLY ACHIEVED, OTHER INITIATIVES
THAT HELP ACHIEVE COMPLIANCE WITH THE STATE'S GREENHOUSE GAS EMISSIONS
REDUCTIONS MANDATES UNDER THE CLIMATE LEADERSHIP AND COMMUNITY
PROTECTION ACT, THE CITY OF NEW YORK'S 80 X 2050 INITIATIVE AND LOCAL
LAW NINETY-SEVEN, AND/OR FUTURE REQUIREMENTS FOR ADDITIONAL REDUCTIONS
IN GREENHOUSE GAS OR CO-POLLUTANT EMISSIONS THAT THE LEGISLATURE MAY
IMPOSE; AND (C) THE INFRASTRUCTURE TO ENVIRONMENTALLY SUSTAINABLE PRAC-
TICES, AND IN THE PUBLIC INTEREST;
9. FUND PROGRAMS TO EXPAND AND IMPROVE RELIABILITY OF PARATRANSIT
SERVICES IN THE STATE INCLUDING, BUT NOT LIMITED TO: (A) PURCHASE AND
OPERATION OF ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES BY PARATRANSIT
AGENCIES AND THEIR CONTRACTORS; (B) ADOPTION OF, EXPANSION OF, AND ONGO-
ING SUPPORT FOR ON-DEMAND PARATRANSIT SERVICE STATEWIDE; (C) EXPANSION
OF PARATRANSIT SERVICE TO BROADER GEOGRAPHIC AREAS; AND (D) OTHER INNO-
VATIVE PROJECTS THAT SEEK TO ENHANCE PARATRANSIT SERVICE QUALITY THROUGH
IMPROVED TECHNOLOGY, EDUCATION, AND OTHER STRATEGIES. THE AUTHORITY
SHALL ENSURE THAT AT LEAST TWENTY PERCENT OF OVERALL FUNDS ARE USED TO
SUPPORT PARATRANSIT SERVICES AND SHALL FURTHER ENSURE THAT AT LEAST
FIFTY PERCENT OF SUCH FUNDS ARE ALLOCATED TO SUPPORTING PARATRANSIT
SERVICES OPERATING IN THE UPSTATE REGION, WITH THE GOAL OF MAKING ON-DE-
MAND PARATRANSIT SERVICE AVAILABLE STATEWIDE WITH AVAILABILITY TWENTY-
FOUR HOURS A DAY, SEVEN DAYS A WEEK, AT LEAST THREE MILES BEYOND EXIST-
ING PUBLIC TRANSIT ROUTES; AND
10. PROVIDE TEN PERCENT OF OVERALL FUNDS TO GRANTS FOR ORGANIZATIONS
TO PROVIDE TRAINING AND ASSISTANCE FOR DRIVERS TO ACCESS AND OPERATE
ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES AND SUBSIDIES, WITH AWARDS
TO NO LESS THAN FIVE PROVIDERS ANNUALLY. AWARDED PROVIDERS SHALL BE
NONPROFIT ORGANIZATIONS OR LABOR UNIONS, AND SHALL HAVE A TRACK RECORD
OF PROVIDING SERVICES FOR FOR-HIRE VEHICLE DRIVERS IN NEW YORK STATE.
§ 1755. GREEN ACCESSIBLE TRANSITION FUND. 1. THE AUTHORITY SHALL
CREATE AND ESTABLISH A FUND TO BE KNOWN AS THE "GREEN ACCESSIBLE TRANSI-
TION FUND" WHICH SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED
WITH ANY OTHER MONEYS OF THE AUTHORITY. THE GREEN ACCESSIBLE TRANSITION
FUND SHALL CONSIST OF MONEYS RECEIVED BY THE AUTHORITY PURSUANT TO THE
PROVISIONS OF SECTION TWELVE HUNDRED NINETY-NINE-FF OF THE TAX LAW IN
ACCORDANCE WITH THE PROVISIONS THEREOF.
2. MONEYS IN THE FUND SHALL BE USED FOR THE EXCLUSIVE PURPOSE OF
FUNDING PROGRAMS ADMINISTERED BY THE AUTHORITY.
3. ANY REVENUES DEPOSITED IN THE GREEN ACCESSIBLE TRANSITION FUND
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE USED EXCLUSIVELY
FOR THE PURPOSES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH
REVENUES SHALL ONLY SUPPLEMENT AND SHALL NOT SUPPLANT ANY FEDERAL,
STATE, OR LOCAL FUNDS EXPENDED BY THE AUTHORITY OR SUCH AUTHORITY'S
AFFILIATES OR SUBSIDIARIES FOR SUCH PURPOSES.
4. ANY REVENUES DEPOSITED INTO THE GREEN ACCESSIBLE TRANSITION FUND
PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE DIVERTED INTO
THE GENERAL FUND OF THE STATE, ANY OTHER FUND MAINTAINED FOR THE SUPPORT
OF ANY OTHER GOVERNMENTAL PURPOSE, OR FOR ANY OTHER PURPOSE NOT AUTHOR-
IZED BY SUBDIVISION TWO OF THIS SECTION.
5. THE AUTHORITY SHALL REPORT ON THE RECEIPT AND USES OF ALL FUNDS
RECEIVED BY THE GREEN ACCESSIBLE TRANSITION FUND TO THE DIRECTOR OF THE
BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY, ON AN ANNUAL BASIS NO LATER THAN THE FIRST DAY OF FEBRUARY.
§ 1756. ACCOUNTS AND FUNDING. 1. THE PROGRAMS ADMINISTERED BY THE
AUTHORITY SHALL BE FUNDED IN PART BY THE GREEN ACCESSIBLE TRANSITION
FUND ESTABLISHED PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-FIVE OF
S. 5552 10
THIS TITLE AND ANY OTHER MONEYS RECEIVED BY THE AUTHORITY, INCLUDING
PAYMENTS, GIFTS, OR APPROPRIATIONS TO THE AUTHORITY FROM ANY OTHER
SOURCE.
2. THE AUTHORITY SHALL BE AUTHORIZED TO SET A STANDARD RATE FOR VEHI-
CLE CHARGING STATIONS OWNED BY THE AUTHORITY AND TO COLLECT ANY REVENUE
GENERATED FROM SUCH CHARGING STATIONS.
3. THE AUTHORITY SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED FROM
TIME TO TIME TO ISSUE ITS NEGOTIABLE BONDS IN CONFORMITY WITH APPLICABLE
PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR ANY PURPOSE AUTHORIZED BY
THIS TITLE.
§ 1757. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES. IT IS
HEREBY DETERMINED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING
OUT OF ITS CORPORATE PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE
PEOPLE OF THE MUNICIPALITY AND THE STATE AND IS A PUBLIC PURPOSE AND THE
AUTHORITY SHALL BE REGARDED AS PERFORMING A GOVERNMENTAL FUNCTION IN THE
EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS TITLE AND SHALL NOT BE
REQUIRED TO PAY ANY TAXES, SPECIAL AD VALOREM LEVIES OR SPECIAL ASSESS-
MENTS UPON ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION, CONTROL
OR SUPERVISION OR UPON ITS ACTIVITIES OR ANY FILING, RECORDING OR TRANS-
FER FEES OR TAXES IN RELATION TO INSTRUMENTS FILED, RECORDED OR TRANS-
FERRED BY IT OR ON ITS BEHALF. THE CONSTRUCTION, USE, OCCUPATION OR
POSSESSION OF ANY PROPERTY OWNED BY THE AUTHORITY OR THE MUNICIPALITY,
INCLUDING IMPROVEMENTS THEREON, BY ANY PERSON OR PUBLIC CORPORATION
UNDER A LEASE, LEASE AND SUBLEASE OR ANY OTHER AGREEMENT SHALL NOT OPER-
ATE TO ABROGATE OR LIMIT THE FOREGOING EXEMPTION, NOTWITHSTANDING THAT
THE LESSEE, USER, OCCUPANT OR PERSON IN POSSESSION SHALL CLAIM OWNERSHIP
FOR FEDERAL INCOME TAX PURPOSES. MORTGAGES MADE OR FINANCED, DIRECTLY OR
INDIRECTLY, BY THE AUTHORITY SHALL BE EXEMPT FROM THE MORTGAGE RECORDING
TAXES IMPOSED BY ARTICLE ELEVEN OF THE TAX LAW. THE AUTHORITY SHALL BE
DEEMED A PUBLIC AUTHORITY FOR THE PURPOSES OF SECTION FOUR HUNDRED
TWELVE OF THE REAL PROPERTY TAX LAW.
§ 1758. AUDIT AND ANNUAL REPORT. IN CONFORMITY WITH THE PROVISIONS OF
SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF THE
AUTHORITY SHALL BE SUBJECT TO THE SUPERVISION OF THE STATE COMPTROLLER
AND AN ANNUAL AUDIT SHALL BE PERFORMED BY AN INDEPENDENT CERTIFIED
ACCOUNTANT. THE AUTHORITY SHALL ANNUALLY SUBMIT TO THE GOVERNOR, STATE
COMPTROLLER AND STATE LEGISLATURE A DETAILED REPORT PURSUANT TO THE
PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER, AND A COPY
OF SUCH REPORT SHALL BE FILED WITH EVERY MUNICIPALITY INCLUDED IN THE
REPORT. THE AUTHORITY SHALL COMPLY WITH THE PROVISIONS OF SECTIONS TWEN-
TY-EIGHT HUNDRED ONE, TWENTY-EIGHT HUNDRED TWO AND TWENTY-EIGHT HUNDRED
THREE OF THIS CHAPTER.
§ 1759. LABOR AND PROCUREMENT STANDARDS. 1. ANY PROJECT THAT IS FUNDED
BY THE AUTHORITY SHALL:
(A) BE DEEMED A PUBLIC WORK PROJECT SUBJECT TO ARTICLE EIGHT OF THE
LABOR LAW;
(B) REQUIRE THAT ANY MATERIALS USED IN THE PROJECT ARE PRODUCED OR
MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES
OR POSSESSIONS; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH
SHALL NOT APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE HEAD OF
THE CONTRACTING PUBLIC ENTITY FINDS THAT: (I) APPLYING THIS PARAGRAPH
WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST; (II) PRODUCTS ARE NOT
PRODUCED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE
QUANTITIES AND OF A SATISFACTORY QUALITY; OR (III) INCLUSION OF PRODUCTS
PRODUCED IN THE UNITED STATES WILL INCREASE THE COST OF THE OVERALL
PROJECT BY MORE THAN TWENTY-FIVE PERCENT. IF THE HEAD OF THE CONTRACTING
S. 5552 11
PUBLIC ENTITY RECEIVES A REQUEST FOR A WAIVER FROM THE REQUIREMENTS OF
THIS PARAGRAPH, SUCH PERSON SHALL MAKE AVAILABLE TO THE PUBLIC ON AN
INFORMAL BASIS A COPY OF THE REQUEST AND INFORMATION AVAILABLE TO SUCH
PERSON CONCERNING THE REQUEST, AND SHALL ALLOW FOR INFORMAL PUBLIC INPUT
ON THE REQUEST FOR AT LEAST FIFTEEN DAYS PRIOR TO MAKING A FINDING BASED
ON THE REQUEST. THE HEAD OF THE CONTRACTING PUBLIC ENTITY SHALL MAKE THE
REQUEST AND ACCOMPANYING INFORMATION AVAILABLE BY ELECTRONIC MEANS,
INCLUDING ON THE OFFICIAL PUBLIC WEBSITE OF THE PUBLIC ENTITY; PROVIDED
FURTHER, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY
TO PRODUCTS PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE. THE
HEAD OF THE CONTRACTING PUBLIC ENTITY MAY, AT THE CONTRACTING PUBLIC
ENTITY'S SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST FOR
PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER
METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM
OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS PARAGRAPH
INVOLVING A COMPETITIVE PROCESS IN WHICH THE EVALUATION OF COMPETING
BIDS GIVES SIGNIFICANT CONSIDERATION IN THE EVALUATION PROCESS TO THE
PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW
YORK STATE;
(C) REQUIRE THAT ANY PUBLIC OWNER OR THIRD PARTY ACTING ON THE BEHALF
OF A PUBLIC OWNER ENTER INTO A PROJECT LABOR AGREEMENT AS DEFINED BY
SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW FOR ALL CONSTRUCTION
WORK;
(D) REQUIRE THE PAYMENT OF PREVAILING WAGE STANDARDS CONSISTENT WITH
ARTICLE NINE OF THE LABOR LAW FOR BUILDING SERVICES WORK; AND
(E) REQUIRE THAT ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDI-
TIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE
BARGAINING STATUS OF ALL EXISTING PUBLIC EMPLOYEES AND THE WORK JURIS-
DICTION, COVERED JOB TITLES, AND WORK ASSIGNMENTS, SET FORTH IN THE
CIVIL SERVICE LAW AND COLLECTIVE BARGAINING AGREEMENTS WITH LABOR ORGAN-
IZATIONS REPRESENTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED.
2. ANY SUCH PROJECT SHALL NOT RESULT IN THE:
(A) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION,
INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-
OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIR-
MENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS;
(B) TRANSFER OF EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE
AND OPERATIONS PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO
A CONTRACTING ENTITY; OR
(C) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY
EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY.
3. ANY PROJECT FUNDED BY THE AUTHORITY SHALL CERTIFY THAT THE MATERI-
ALS, COMPONENTS, PARTS OR VEHICLES ARE PRODUCED OR MADE IN WHOLE OR
SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS;
PROVIDED, HOWEVER, THAT THE PRESIDENT OF THE AUTHORITY, OR THE PRESI-
DENT'S DESIGNEE MAY WAIVE THE PROCUREMENT REQUIREMENTS SET FORTH IN THIS
SUBDIVISION IF SUCH OFFICIAL DETERMINES THAT: (A) THE REQUIREMENTS
WOULD RESULT IN UNREASONABLE COSTS; (B) OBTAINING SUCH INFRASTRUCTURE-
RELATED MATERIALS, COMPONENTS OR PARTS IN THE UNITED STATES WOULD
INCREASE THE COST OF A PROJECT BY AN UNREASONABLE AMOUNT; OR (C) ANY
SUCH VEHICLES, PARTS, OR COMPONENTS CANNOT BE PRODUCED, MADE, OR ASSEM-
BLED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTI-
TIES OR OF SATISFACTORY QUALITY. ANY SUCH WAIVER SHALL REMAIN IN EFFECT
ONLY SO LONG AS THE CONDITIONS NECESSITATING THE WAIVER ARE IN EFFECT.
ALL DETERMINATIONS ON WAIVERS SHALL BE MADE ON AN ANNUAL BASIS NO LATER
THAN DECEMBER THIRTY-FIRST, AFTER PROVIDING NOTICE AND OPPORTUNITY FOR
S. 5552 12
PUBLIC COMMENT, AND SUCH DETERMINATION SHALL BE MADE PUBLICLY AVAILABLE,
IN WRITING, ON THE AUTHORITY'S WEBSITE WITH A DETAILED EXPLANATION OF
THE FINDINGS LEADING TO SUCH A DETERMINATION. IF THE PRESIDENT OR THE
PRESIDENT'S DESIGNEE HAS ISSUED DETERMINATIONS FOR THREE CONSECUTIVE
YEARS FINDING THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI-
SION, THEN THE AUTHORITY SHALL NO LONGER BE REQUIRED TO PROVIDE THE
ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION.
4. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(I) "CONTRACTOR" MEANS AN ENTITY THAT SELLS AN APPROVED ELIGIBLE VEHI-
CLE TO A VEHICLE PURCHASER AND THAT MEETS THE FOLLOWING CRITERIA:
(1) IS ANY OF THE FOLLOWING TYPES OF ENTITIES:
(A) A ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLE DEALERSHIP THAT HAS
A WRITTEN AGREEMENT WITH A ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLE
ORIGINAL EQUIPMENT MANUFACTURER AND THAT SELLS OR LEASES COMPLETE ELIGI-
BLE VEHICLES TO VEHICLE OWNER-OPERATORS;
(B) AN ORIGINAL EQUIPMENT MANUFACTURER THAT BUILDS AND SELLS OR LEASES
COMPLETE ELIGIBLE VEHICLES DIRECTLY TO FLEETS OR VEHICLE OWNER-OPERA-
TORS;
(C) AN AUTOMOTIVE VEHICLE UPFIT OR RETROFIT MANUFACTURER THAT HAS A
WRITTEN AGREEMENT WITH AN ORIGINAL EQUIPMENT MANUFACTURER AND THAT
UPFITS, RETROFITS, OR PERFORMS FINAL EQUIPMENT INSTALLATIONS ON NEW
REPLACEMENT OR REPOWERED VEHICLES AND SELLS OR LEASES THE COMPLETED
ELIGIBLE VEHICLE TO A LEASING COMPANY, FLEET, OR VEHICLE OWNER-OPERATOR;
OR
(D) A RETROFIT KIT COMPANY THAT PRODUCES AND INSTALLS SUCH KITS ON
EXISTING VEHICLES, SUCH AS A BATTERY ELECTRIC VEHICLE KIT ON AN EXISTING
DIESEL-POWERED VEHICLE;
(2) HAS A VALID BUSINESS LICENSE FOR THE PAST TWO YEARS; AND
(3) IS THE ENTITY THAT SELLS OR LEASES THE FULLY ASSEMBLED AND
COMPLETED NEW ELIGIBLE VEHICLE OR REPOWERED VEHICLE.
(II) "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS
DEFINED BY SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
(III) "DISPLACED WORKERS" MEANS WORKERS WHO HAVE LOST THEIR JOBS IN
THE PREVIOUS FIVE YEARS DUE TO LACK OF BUSINESS, A REDUCTION IN WORK-
FORCE, OR OTHER ECONOMIC, NON-DISCIPLINARY REASONS RELATED TO A PANDEMIC
OR TO THE TRANSITION FROM THE FOSSIL FUEL INDUSTRY TO RENEWABLE ENERGY
OR ELECTRIC TRANSPORTATION, AND WHO HAVE NOT BEEN ABLE TO SECURE A
COMPARABLY COMPENSATED POSITION.
(IV) "ELIGIBLE VEHICLE" MEANS A ZERO-EMISSION WHEELCHAIR ACCESSIBLE
VEHICLE THAT MEETS ALL OF THE RULES AND REQUIREMENTS OF THE AUTHORITY.
(V) "NEW YORK JOBS PLAN" MEANS A COMPONENT OF THE DOCUMENTATION
SUBMITTED DURING THE ELIGIBILITY APPLICATION PROCESS AND THAT SHALL BE
USED TO DETERMINE CERTAIN PLUS-UPS AND DEDUCTIONS FROM THE BASE INCEN-
TIVE AMOUNT. THE NEW YORK JOBS PLAN SHALL INCLUDE THE INFORMATION
SUBMITTED BY THE CONTRACTOR, THE CONTRACTOR'S SUPPLIER, AND THE CONTRAC-
TOR'S MAJOR SUPPLIER, WHICH STATES: (1) THE MINIMUM NUMBER OF JOBS; (2)
PROPOSED WAGES, BENEFITS, AND INVESTMENT IN TRAINING; (3) TARGETED
HIRING PLANS FOR DISADVANTAGED WORKERS, DISPLACED WORKERS, AND INDIVID-
UALS FACING BARRIERS TO EMPLOYMENT FOR JOBS CREATED OR RETAINED IN THE
STATE; (4) LIFECYCLE EMISSIONS ANALYSIS; (5) USE OF RECYCLED CONTENT;
(6) PLANS TO MAXIMIZE REUSE AND RECYCLING OF BATTERIES; AND (7) THE USE
OF RECYCLED OR RESPONSIBLY-MINED MINERALS.
(VI) "ORIGINAL EQUIPMENT MANUFACTURER" MEANS A MANUFACTURER THAT
BUILDS OR ASSEMBLES, AT A MINIMUM, THE COMPLETED DRIVETRAIN AND CHASSIS
FOR AN ELIGIBLE VEHICLE.
S. 5552 13
(VII) "SUPPLIER" MEANS A COMPANY THAT SELLS VEHICLES OR COMPONENT
PARTS OF VEHICLES TO AN ORIGINAL EQUIPMENT MANUFACTURER OR AN UPFIT OR
RETROFIT MANUFACTURER.
(VIII) "RESPONSIBLE MINERAL SOURCING" MEANS ORIGINAL EQUIPMENT
MANUFACTURER PROCUREMENT PRACTICES FOR COMPONENTS AND RAW MATERIALS THAT
ENABLE THE ORIGINAL EQUIPMENT MANUFACTURER TO ACCURATELY ASSESS AND
REPORT THE SOCIAL AND ENVIRONMENTAL IMPACT OF MINED MINERALS USED IN THE
PRODUCTION OF THE VEHICLE, AND IN WHICH THE ORIGINAL EQUIPMENT MANUFAC-
TURER TAKES ACTIVE STEPS TO IMPROVE THE SOCIAL AND ENVIRONMENTAL IMPACT
OF THE MINED MINERALS USED IN THE PRODUCTION OF SUCH VEHICLE BY ENSURING
THAT ANY MINED MINERALS USED IN THE VEHICLE CONFORM TO THE HIGHEST
POSSIBLE STANDARDS OF SOCIAL RESPONSIBILITY, INCLUDING FREE, PRIOR, AND
INFORMED CONSENT, HUMAN RIGHTS, LABOR RIGHTS, WORKER AND COMMUNITY
HEALTH AND SAFETY, CONFLICT INVOLVEMENT, COMMUNITY ENGAGEMENT AND
CONSULTATION, AND CULTURAL HERITAGE, AND ENVIRONMENTAL RESPONSIBILITY,
INCLUDING WATER MANAGEMENT, AIR QUALITY, GREENHOUSE GAS EMISSIONS, NOISE
MANAGEMENT, PROTECTION OF ECOSYSTEMS AND BIODIVERSITY, AND MANAGEMENT OF
TOXINS INCLUDING MERCURY AND CYANIDE. WHENEVER AVAILABLE, STANDARDS AND
EVALUATIONS SHALL CONFORM TO THOSE OF THE INITIATIVE FOR RESPONSIBLE
MINING ASSURANCE.
(IX) "UPFIT OR RETROFIT MANUFACTURER" MEANS A MANUFACTURER THAT
INSTALLS EQUIPMENT ON AN AUTOMOTIVE VEHICLE CHASSIS PURCHASED FROM AN
ORIGINAL EQUIPMENT MANUFACTURER. THE UPFIT OR RETROFIT MANUFACTURER
SHALL BEAR FULL RESPONSIBILITY UNDER FEDERAL LAW FOR ANY VEHICLE DEFECTS
AND SHALL BE RESPONSIBLE FOR CERTIFYING THAT THE VEHICLE MEETS ALL
APPLICABLE FEDERAL SAFETY STANDARDS.
(B) THE AUTHORITY SHALL ESTABLISH GUIDELINES GOVERNING THE QUALIFICA-
TIONS OF ELIGIBLE VEHICLES AND SHALL CONSIDER PROSPECTIVE VEHICLE
CONTRACTORS' EXPERIENCE, FINANCIAL CAPABILITY AND RESPONSIBILITY, AND
PAST PERFORMANCE, INCLUDING PERFORMANCE ON MEETING NEW YORK JOBS PLAN
COMMITMENTS.
(C) THE AUTHORITY SHALL DEVELOP PROCEDURES FOR DETERMINING INCENTIVE
AMOUNTS FOR ELIGIBLE VEHICLES. AS PART OF THE ELIGIBILITY QUALIFICATION
PROCESS, THE AUTHORITY SHALL REQUIRE PROSPECTIVE CONTRACTORS TO SUBMIT
NEW YORK JOBS PLAN INFORMATION FOR THEMSELVES AS WELL AS THEIR SUPPLI-
ERS. IF A CONTRACTOR IS A ZERO-EMISSION VEHICLE DEALERSHIP THAT HAS A
WRITTEN AGREEMENT WITH A ZERO-EMISSION VEHICLE ORIGINAL EQUIPMENT
MANUFACTURER, THEN THE CONTRACTOR SHALL SUBMIT NEW YORK JOBS PLAN INFOR-
MATION FROM THE ORIGINAL EQUIPMENT MANUFACTURER. AT A MINIMUM, THE NEW
YORK JOBS PLAN SHALL REQUIRE PROSPECTIVE CONTRACTORS AND THEIR SUPPLIERS
TO PROVIDE THE FOLLOWING INFORMATION:
(I) THE MINIMUM NUMBER OF FULL-TIME EQUIVALENT PERMANENT JOBS IN
PRODUCTION OCCUPATIONS TO BE RETAINED AND CREATED PER TEN VEHICLE SALES;
(II) THE MINIMUM WAGE LEVELS BY JOB CLASSIFICATION;
(III) THE MINIMUM AMOUNTS THAT WILL BE PAID FOR FRINGE BENEFITS BY JOB
CLASSIFICATION;
(IV) THE MINIMUM AMOUNTS THAT WILL BE PAID FOR WORKER TRAINING BY JOB
CLASSIFICATION;
(V) INFORMATION ON RECRUITMENT AND TRAINING PROGRAMS TARGETED SPECIF-
ICALLY TOWARDS INDIVIDUALS FACING BARRIERS TO EMPLOYMENT, DISPLACED
WORKERS, AND DISADVANTAGED WORKERS;
(VI) LIFECYCLE EMISSIONS ANALYSIS OF THE VEHICLES;
(VII) THE MINIMUM PERCENT TOTAL VALUES OF RECYCLED CONTENT IN THE
CHASSIS, BODY, BATTERY, AND MOTOR, ALONG WITH THE TOTAL VALUE OF EACH OF
THESE COMPONENTS;
S. 5552 14
(VIII) A PLAN TO MAXIMIZE REUSE AND RECYCLING OF THE TRACTION BATTERY
AT END OF USE IN VEHICLES; AND
(IX) A PLAN TO PURCHASE MOTORS MANUFACTURED USING RECYCLED (FIRST
PRIORITY) OR RESPONSIBLY-MINED (SECOND PRIORITY) COPPER AND BATTERIES
USING RECYCLED OR RESPONSIBLY-MINED LITHIUM, NICKEL, AND COBALT, ACCORD-
ING TO THE STANDARDS AND ASSESSMENTS ESTABLISHED BY THE INITIATIVE FOR
RESPONSIBLE MINING ASSURANCE.
(D) UPON CERTIFICATION OF AN ELIGIBLE VEHICLE, THE NEW YORK JOBS PLAN
INFORMATION SHALL BE INCORPORATED AS A MATERIAL TERM OF THE CONTRACT.
(E) TO DETERMINE THE INCENTIVE AMOUNT FOR EACH ELIGIBLE VEHICLE, THE
AUTHORITY SHALL SCORE THE CONTRACTOR'S AND THE CONTRACTOR'S SUPPLIERS'
NEW YORK JOBS PLAN COMMITMENTS FROM ZERO TO ONE HUNDRED, ACCORDING TO A
FORMULA WHICH INCLUDES COMPARATIVE ASSESSMENTS OF:
(I) ECONOMIC BENEFITS: FIFTY PERCENT. ECONOMIC BENEFITS SHALL BE
CALCULATED AS THE PRODUCT OF FULL-TIME EQUIVALENT POSITIONS CREATED OR
RETAINED AT EACH CLASSIFICATION AND THE SQUARE OF EACH CLASSIFICATION'S
TOTAL COMPENSATION, WAGES, AND MONETARY FRINGE BENEFITS.
(II) WORKFORCE DEVELOPMENT: TEN PERCENT. WORKFORCE DEVELOPMENT SHALL
BE CALCULATED AS THE TOTAL AMOUNT OF INVESTMENT IN WORKER TRAINING FOR
EMPLOYEES OF THE ORIGINAL EQUIPMENT MANUFACTURER OVER THE TWELVE-MONTH
PERIOD PRIOR TO FINAL DELIVERY OF THE VEHICLE. WORKFORCE DEVELOPMENT
SHALL ACCOUNT FOR TEN PERCENT OF THE COMPARATIVE ASSESSMENT.
(III) INCLUSION: FIFTEEN PERCENT. INCLUSION SHALL BE CALCULATED AS A
QUALITATIVE EVALUATION OF THE ORIGINAL EQUIPMENT MANUFACTURER'S RECRUIT-
ING AND TRAINING PROGRAMS TARGETED SPECIFICALLY TOWARDS INDIVIDUALS
FACING BARRIERS TO EMPLOYMENT AND DISPLACED WORKERS.
(IV) ENVIRONMENTAL SUSTAINABILITY: TWENTY-FIVE PERCENT. ENVIRONMENTAL
SUSTAINABILITY SHALL BE CALCULATED AS AN INTEGRATED EVALUATION OF
SUSTAINABLE MANUFACTURING PRACTICES, INCLUDING THE FOLLOWING FACTORS:
(1) LIFECYCLE EMISSIONS ANALYSIS: TWENTY-FIVE PERCENT;
(2) COMMITMENTS FOR PERCENT OF TOTAL VALUE OF RECYCLED CONTENT IN THE
CHASSIS, BODY, BATTERY, AND MOTOR: TWENTY-FIVE PERCENT;
(3) QUALITATIVE EVALUATION OF THE PLAN TO MAXIMIZE REUSE AND RECYCLING
OF THE TRACTION BATTERY: TWENTY-FIVE PERCENT; AND
(4) QUALITATIVE EVALUATION OF THE PLAN FOR RESPONSIBLE SOURCING OF
MOTOR AND BATTERY MINERALS AND/OR REDUCING MINERAL USE IN THE VEHICLE:
TWENTY-FIVE PERCENT.
(V) NEW YORK'S REGIONAL EMPLOYMENT BENEFITS: UP TO TEN BONUS POINTS.
(F) CONTRACTORS SHALL BE REQUIRED TO PROVIDE QUARTERLY REPORTS TO THE
AUTHORITY FOR THE FIRST YEAR AFTER A CONTRACT IS AWARDED AND THEN ANNU-
ALLY THEREAFTER. SUCH REPORTS SHALL DETAIL PROGRESS AND COMPLIANCE WITH
THE CONTRACTOR'S NEW YORK JOBS PLAN COMMITMENTS AND THE COMMITMENTS OF
THEIR SUPPLIERS ON FORMS PROVIDED BY THE AUTHORITY. IF ANY SUCH REPORT
INDICATES A FAILURE TO COMPLY WITH THE CONTRACTOR'S NEW YORK JOBS PLAN
COMMITMENTS, THE AUTHORITY SHALL NOTIFY SUCH CONTRACTOR OF THEIR NONCOM-
PLIANCE AND THE TIME FRAME WITHIN WHICH COMPLIANCE MUST BE MET. FAILURE
TO COMPLY WITH THEIR NEW YORK JOBS PLAN COMMITMENTS WITHIN THE GIVEN
TIME FRAME SHALL RESULT IN FORFEITURE OF THE ENTIRE VALUE OF THE VOUCH-
ER.
(G) THE AUTHORITY SHALL PUBLISH NEW YORK JOBS PLAN COMMITMENTS AND
REPORTS TO THE AUTHORITY'S WEBSITE WITHIN TWO WEEKS OF VEHICLE CERTIF-
ICATION AND SHALL PUBLISH QUARTERLY REPORTS WITHIN TWO WEEKS OF RECEIPT
BY THE AUTHORITY.
§ 1760. BONDS AND NOTES. 1. THE AUTHORITY SHALL HAVE THE POWER AND IS
HEREBY AUTHORIZED TO ISSUE AT ONE TIME OR IN SERIES FROM TIME TO TIME
ITS NEGOTIABLE BONDS AND NOTES IN CONFORMITY WITH APPLICABLE PROVISIONS
S. 5552 15
OF THE UNIFORM COMMERCIAL CODE IN SUCH PRINCIPAL AMOUNTS AS, IN THE
OPINION OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFICIENT
MONEYS FOR ACHIEVING THE AUTHORITY'S CORPORATE PURPOSES, INCLUDING THE
ESTABLISHMENT OF RESERVES TO SECURE THE BONDS AND NOTES AND THE PAYMENT
OF INTEREST ON BONDS AND NOTES.
2. THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME TO RENEW BONDS OR
NOTES OR TO ISSUE RENEWAL BONDS OR NOTES FOR SUCH PURPOSE, TO ISSUE
BONDS OR NOTES TO PAY BONDS OR NOTES, AND, WHENEVER IT DEEMS REFUNDING
EXPEDIENT, TO REFUND ANY BOND OR NOTE BY THE ISSUANCE OF NEW BONDS OR
NOTES, WHETHER THE BONDS OR NOTES TO BE REFUNDED HAVE OR HAVE NOT
MATURED, AND MAY ISSUE BONDS OR NOTES PARTLY TO REFUND BONDS OR NOTES
THEN OUTSTANDING AND PARTLY FOR ANY OTHER CORPORATE PURPOSE OF THE
AUTHORITY. BONDS OR NOTES ISSUED FOR REFUNDING PURPOSES SHALL BE SOLD
AND THE PROCEEDS APPLIED TO THE PURCHASE, REDEMPTION OR PAYMENT OF THE
BONDS OR NOTES TO BE REFUNDED.
3. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED BY THE AUTHORITY,
EVERY ISSUE OF BONDS OR NOTES SHALL BE GENERAL OBLIGATIONS PAYABLE OUT
OF ANY MONEYS OR REVENUES OF THE AUTHORITY, SUBJECT ONLY TO ANY AGREE-
MENTS WITH THE HOLDERS OF BONDS OR NOTES PLEDGING ANY RECEIPTS OR REVEN-
UES.
4. THE BONDS AND NOTES SHALL BE AUTHORIZED BY RESOLUTION OF THE
AUTHORITY, SHALL BEAR SUCH DATE OR DATES AND MATURE AT SUCH TIME OR
TIMES AS SUCH RESOLUTION SHALL PROVIDE, EXCEPT THAT NOTES AND ANY
RENEWALS THEREOF SHALL MATURE WITHIN FIVE YEARS FROM THEIR RESPECTIVE
DATES OF ISSUANCE OR RENEWAL, AS THE CASE MAY BE, AND BONDS SHALL MATURE
WITHIN FORTY YEARS FROM THEIR RESPECTIVE DATES OF ISSUANCE OR RENEWAL,
AS THE CASE MAY BE. THE BONDS AND NOTES SHALL BEAR INTEREST AT SUCH RATE
OR RATES, BE IN SUCH DENOMINATION, BE IN SUCH FORM, EITHER COUPON OR
REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN SUCH
MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE OR PLACES,
AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION OR RESOL-
UTIONS MAY PROVIDE.
5. BONDS AND NOTES SHALL BE SOLD BY THE AUTHORITY, AT PUBLIC OR
PRIVATE SALE, AT SUCH PRICE OR PRICES AS THE AUTHORITY MAY DETERMINE.
BONDS AND NOTES OF THE AUTHORITY SHALL NOT BE SOLD BY THE AUTHORITY AT
PRIVATE SALE UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED
IN WRITING BY THE COMPTROLLER, WHERE SUCH SALE IS NOT TO THE COMP-
TROLLER, OR BY THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS TO THE
COMPTROLLER.
6. IN THE DISCRETION OF THE AUTHORITY ANY BONDS OR ISSUE OF BONDS OR
NOTES OR ISSUE OF NOTES MAY BE SECURED BY SUCH RESOLUTION OR BY A TRUST
INDENTURE BY AND BETWEEN THE AUTHORITY AND A CORPORATE TRUSTEE WHICH MAY
BE ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY IN THE
STATE OR BY A SECURED LOAN AGREEMENT OR OTHER INSTRUMENT. SUCH RESOL-
UTION, TRUST INDENTURE, LOAN AGREEMENT OR OTHER INSTRUMENT MAY CONTAIN
ANY USUAL OR CUSTOMARY PROVISIONS, COVENANTS OR LIMITATIONS FOR BONDS OR
NOTES OF SIMILAR NATURE WHICH SHALL BE A PART OF THE CONTRACT WITH THE
HOLDERS THEREOF, INCLUDING SUCH PROVISIONS FOR PROTECTING AND ENFORCING
THE RIGHTS AND REMEDIES OF BONDHOLDERS AND NOTEHOLDERS AS MAY BE REASON-
ABLE AND PROPER AND NOT IN VIOLATION OF LAW.
7. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES OR BONDS OR ANY
ISSUE THEREOF MAY CONTAIN PROVISIONS, WHICH SHALL BE A PART OF THE
CONTRACT WITH THE HOLDERS THEREOF, AS TO:
(A) PLEDGING ALL OR PART OF THE FEES, CHARGES, GIFTS, GRANTS, RENTS,
REVENUES OR OTHER MONEYS RECEIVED OR TO BE RECEIVED AND LEASES OR AGREE-
MENTS TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY ISSUE THERE-
S. 5552 16
OF SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AND NOTEHOLDERS AS MAY
THEN EXIST;
(B) THE RATES OF THE FEES OR CHARGES TO BE ESTABLISHED, AND THE
AMOUNTS TO BE RAISED IN EACH YEAR THEREBY AND THE USE AND DISPOSITION OF
THE FEES, CHARGES, GIFTS, GRANTS, RENTS, REVENUES OR OTHER MONEYS
RECEIVED OR TO BE RECEIVED;
(C) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS, AND THE REGULATION
AND DISPOSITION THEREOF;
(D) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF ANY
ISSUE OF NOTES OR BONDS THEN OR THEREAFTER TO BE ISSUED MAY BE APPLIED
AND PLEDGING SUCH PROCEEDS TO SECURE THE PAYMENT OF THE NOTES OR BONDS
OR OF ANY ISSUE THEREOF;
(E) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL NOTES OR BONDS; THE
TERMS UPON WHICH ADDITIONAL NOTES OR BONDS MAY BE ISSUED AND SECURED;
THE REFUNDING OF OUTSTANDING OR OTHER NOTES OR BONDS;
(F) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH
BONDHOLDERS OR NOTEHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF
NOTES OR BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO, AND THE MANNER
IN WHICH SUCH CONSENT MAY BE GIVEN; AND
(G) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY
WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES OR BONDS.
8. IT IS THE INTENTION HEREOF THAT ANY PLEDGE MADE BY THE AUTHORITY
SHALL BE VALID AND BINDING FROM THE TIME WHEN THE PLEDGE IS MADE, THAT
THE MONEYS SO PLEDGED AND THEREAFTER RECEIVED BY THE AUTHORITY SHALL
IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE WITHOUT ANY PHYSICAL
DELIVERY THEREOF OR FURTHER ACT, AND THAT THE LIEN OF ANY SUCH PLEDGE
SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES HAVING CLAIMS OF ANY
KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE AUTHORITY IRRESPECTIVE
OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF. NEITHER THE RESOLUTION NOR
ANY OTHER INSTRUMENT BY WHICH A PLEDGE IS CREATED NEED BE RECORDED.
9. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING THE
BONDS OR NOTES SHALL BE LIABLE PERSONALLY ON THE BONDS OR NOTES OR BE
SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE
ISSUANCE THEREOF.
10. SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS OR NOTEHOLDERS AS MAY
THEN EXIST, THE AUTHORITY SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE
THEREFOR TO PURCHASE BONDS OR NOTES AT A PRICE NOT EXCEEDING (A) IF THE
NOTES OR BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE
PLUS ACCRUED INTEREST TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B)
IF THE NOTES OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE
APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON WHICH THE NOTES OR
BONDS BECOME SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SAID DATE.
BONDS AND NOTES SO PURCHASED SHALL THEREUPON BE CANCELLED.
11. THE STATE DOES HEREBY PLEDGE TO AND AGREE WITH THE HOLDERS OF ANY
BONDS OR NOTES THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS AND
POWERS VESTED IN THE AUTHORITY BY THIS TITLE TO FULFILL THE TERMS OF ANY
CONTRACT MADE BY THE AUTHORITY WITH SUCH HOLDERS, OR IN ANY WAY IMPAIR
THE RIGHTS AND REMEDIES OF SUCH HOLDERS UNTIL SUCH BONDS AND NOTES,
TOGETHER WITH THE INTEREST THEREON, WITH INTEREST ON ANY UNPAID INSTALL-
MENTS OF INTEREST, AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY
ACTION OR PROCEEDING BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND
DISCHARGED. THE AUTHORITY IS AUTHORIZED TO INCLUDE THIS PLEDGE AND
AGREEMENT OF THE STATE, INSOFAR AS IT REFERS TO HOLDERS OF ANY BONDS OR
NOTES, IN ANY CONTRACT WITH SUCH HOLDERS.
§ 1761. RESERVE FUNDS AND APPROPRIATIONS. 1. THE AUTHORITY MAY CREATE
AND ESTABLISH ONE OR MORE RESERVE FUNDS TO BE KNOWN AS DEBT SERVICE
S. 5552 17
RESERVE FUNDS AND MAY PAY INTO SUCH RESERVE FUNDS (A) ANY MONEYS APPRO-
PRIATED AND MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUNDS,
(B) ANY PROCEEDS OF SALE OF BONDS AND NOTES TO THE EXTENT PROVIDED IN
THE RESOLUTION OF THE AUTHORITY AUTHORIZING THE ISSUANCE THEREOF, (C)
ANY MONEYS DIRECTED TO BE TRANSFERRED BY THE AUTHORITY TO SUCH FUNDS,
AND (D) ANY OTHER MONEYS WHICH MAY BE MADE AVAILABLE TO THE AUTHORITY
FOR THE PURPOSES OF SUCH FUNDS FROM ANY OTHER SOURCE OR SOURCES. THE
MONEYS HELD IN OR CREDITED TO ANY DEBT SERVICE RESERVE FUND ESTABLISHED
UNDER THIS SUBDIVISION, EXCEPT AS HEREINAFTER PROVIDED, SHALL BE USED
SOLELY FOR THE PAYMENT OF THE PRINCIPAL OF BONDS OF THE AUTHORITY
SECURED BY SUCH RESERVE FUND, AS THE SAME MATURE, REQUIRED PAYMENTS TO
ANY SINKING FUND ESTABLISHED FOR THE AMORTIZATION OF SUCH BONDS (HEREIN-
AFTER REFERRED TO AS "SINKING FUND PAYMENTS"), THE PURCHASE OR REDEMP-
TION OF SUCH BONDS OF THE AUTHORITY, THE PAYMENT OF INTEREST ON SUCH
BONDS OF THE AUTHORITY OR THE PAYMENT OF ANY REDEMPTION PREMIUM REQUIRED
TO BE PAID WHEN SUCH BONDS ARE REDEEMED PRIOR TO MATURITY; PROVIDED,
HOWEVER, THAT MONEYS IN ANY SUCH FUND SHALL NOT BE WITHDRAWN THEREFROM
AT ANY TIME IN SUCH AMOUNT AS WOULD REDUCE THE AMOUNT OF SUCH FUND TO
LESS THAN THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND
BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR ON THE BONDS OF THE AUTHOR-
ITY THEN OUTSTANDING AND SECURED BY SUCH RESERVE FUND, EXCEPT FOR THE
PURPOSE OF PAYING PRINCIPAL AND INTEREST ON THE BONDS OF THE AUTHORITY
SECURED BY SUCH RESERVE FUND MATURING AND BECOMING DUE AND SINKING FUND
PAYMENTS FOR THE PAYMENT OF WHICH OTHER MONEYS OF THE AUTHORITY ARE NOT
AVAILABLE. ANY INCOME OR INTEREST EARNED BY, OR INCREMENT TO, ANY SUCH
DEBT SERVICE RESERVE FUND DUE TO THE INVESTMENT THEREOF MAY BE TRANS-
FERRED TO ANY OTHER FUND OR ACCOUNT OF THE AUTHORITY TO THE EXTENT IT
DOES NOT REDUCE THE AMOUNT OF SUCH DEBT SERVICE RESERVE FUND BELOW THE
MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN
ANY SUCCEEDING CALENDAR YEAR ON ALL BONDS OF THE AUTHORITY THEN
OUTSTANDING AND SECURED BY SUCH RESERVE FUND. IN COMPUTING THE AMOUNT
OF ANY DEBT SERVICE RESERVE FUND FOR THE PURPOSES OF THIS SECTION, SECU-
RITIES IN WHICH ALL OR A PORTION OF SUCH RESERVE FUND ARE INVESTED SHALL
BE VALUED AT PAR OR, IF PURCHASED AT LESS THAN PAR, AT THEIR COST TO THE
AUTHORITY.
2. THE AUTHORITY SHALL NOT ISSUE BONDS AT ANY TIME IF THE MAXIMUM
AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN A SUCCEED-
ING CALENDAR YEAR ON THE BONDS OUTSTANDING AND THEN TO BE ISSUED AND
SECURED BY A DEBT SERVICE RESERVE FUND WILL EXCEED THE AMOUNT OF SUCH
RESERVE FUND AT THE TIME OF ISSUANCE, UNLESS THE AUTHORITY, AT THE TIME
OF ISSUANCE OF SUCH BONDS, SHALL DEPOSIT IN SUCH RESERVE FUND FROM THE
PROCEEDS OF THE BONDS SO TO BE ISSUED, OR OTHERWISE, AN AMOUNT WHICH
TOGETHER WITH THE AMOUNT THEN IN SUCH RESERVE FUND, WILL BE NOT LESS
THAN THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING
DUE IN ANY SUCCEEDING CALENDAR YEAR ON THE BONDS THEN TO BE ISSUED AND
ON ALL OTHER BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH
RESERVE FUND.
3. TO ASSURE THE CONTINUED OPERATION AND SOLVENCY OF THE AUTHORITY FOR
THE CARRYING OUT OF THE PUBLIC PURPOSES OF THIS TITLE PROVISION IS MADE
IN SUBDIVISION ONE OF THIS SECTION FOR THE ACCUMULATION IN EACH DEBT
SERVICE RESERVE FUND OF AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT OF PRINCI-
PAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR
YEAR ON ALL BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH
RESERVE FUND. IN ORDER FURTHER TO ASSURE THE MAINTENANCE OF SUCH DEBT
SERVICE RESERVE FUNDS, THERE SHALL BE ANNUALLY APPORTIONED AND PAID TO
THE AUTHORITY FOR DEPOSIT IN EACH DEBT SERVICE RESERVE FUND SUCH SUM, IF
S. 5552 18
ANY, AS SHALL BE CERTIFIED BY THE CHAIR OF THE AUTHORITY TO THE GOVERNOR
AND STATE DIRECTOR OF THE BUDGET AS NECESSARY TO RESTORE SUCH RESERVE
FUND TO AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST
MATURING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR ON THE BONDS
OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH RESERVE FUND. THE
CHAIR OF THE AUTHORITY SHALL ANNUALLY, ON OR BEFORE DECEMBER FIRST, MAKE
AND DELIVER TO THE GOVERNOR AND STATE DIRECTOR OF THE BUDGET A CERTIF-
ICATE STATING THE SUM, IF ANY, REQUIRED TO RESTORE EACH SUCH DEBT
SERVICE RESERVE FUND TO THE AMOUNT AFORESAID, AND THE SUM OR SUMS SO
CERTIFIED, IF ANY, SHALL BE APPORTIONED AND PAID TO THE AUTHORITY DURING
THE THEN CURRENT STATE FISCAL YEAR. THE PRINCIPAL AMOUNT OF BONDS
SECURED BY A DEBT SERVICE RESERVE FUND OR FUNDS TO WHICH STATE FUNDS ARE
APPORTIONABLE PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO THE TOTAL
AMOUNT OF BONDS AND NOTES OUTSTANDING ON THE EFFECTIVE DATE OF THIS
TITLE, PLUS THE TOTAL AMOUNT OF BONDS AND NOTES CONTRACTED AFTER THE
EFFECTIVE DATE OF THIS TITLE TO FINANCE PROJECTS IN PROGRESS ON THE
EFFECTIVE DATE OF THIS TITLE AS DETERMINED BY THE NEW YORK STATE PUBLIC
AUTHORITIES CONTROL BOARD CREATED PURSUANT TO SECTION FIFTY OF THIS
CHAPTER WHOSE AFFIRMATIVE DETERMINATION SHALL BE CONCLUSIVE AS TO ALL
MATTERS OF LAW AND FACT SOLELY FOR THE PURPOSES OF THE LIMITATIONS
CONTAINED IN THIS SUBDIVISION, BUT IN NO EVENT SHALL THE TOTAL AMOUNT OF
BONDS SO SECURED BY SUCH A DEBT SERVICE RESERVE FUND OR FUNDS EXCEED
NINE MILLION SIX HUNDRED SIXTY THOUSAND DOLLARS, EXCLUDING BONDS ISSUED
TO REFUND SUCH OUTSTANDING BONDS UNTIL THE DATE OF REDEMPTION OF SUCH
OUTSTANDING BONDS. AS OUTSTANDING BONDS SO SECURED ARE PAID, THE AMOUNT
SO SECURED SHALL BE REDUCED ACCORDINGLY BUT THE REDEMPTION OF SUCH
OUTSTANDING BONDS FROM THE PROCEEDS OF REFUNDING BONDS SHALL NOT REDUCE
THE AMOUNT SO SECURED.
4. ALL AMOUNTS PAID OVER TO THE AUTHORITY BY THE STATE PURSUANT TO THE
PROVISIONS OF THIS SECTION SHALL CONSTITUTE AND BE ACCOUNTED FOR AS
ADVANCES BY THE STATE TO THE AUTHORITY AND, SUBJECT ONLY TO THE RIGHTS
OF THE HOLDERS OF ANY BONDS OR NOTES OF THE AUTHORITY THERETOFORE OR
THEREAFTER ISSUED, SHALL BE REPAID TO THE STATE FROM ALL AVAILABLE OPER-
ATING REVENUES OF THE AUTHORITY IN EXCESS OF DEBT SERVICE RESERVE FUND
REQUIREMENTS AND OPERATING EXPENSES.
5. AS USED IN THIS SECTION, (A) THE TERM "OPERATING EXPENSES" SHALL
MEAN ORDINARY EXPENDITURES FOR OPERATION AND ADMINISTRATION OF THE
AUTHORITY, INCLUDING MAINTENANCE, REPAIR AND REPLACEMENT OF AUTHORITY
PROPERTY; AND (B) THE TERM "AVAILABLE OPERATING REVENUES" SHALL MEAN ALL
AMOUNTS RECEIVED ON ACCOUNT OF RENTALS AND FEES CHARGED BY THE AUTHORI-
TY, IF ANY, AND INCOME OR INTEREST EARNED OR ADDED TO FUNDS OF THE
AUTHORITY DUE TO THE INVESTMENT THEREOF, AND NOT REQUIRED UNDER THE
TERMS OR PROVISIONS OF ANY COVENANT OR AGREEMENT WITH HOLDERS OF ANY
BONDS OR NOTES OF THE AUTHORITY TO BE APPLIED TO ANY PURPOSES OTHER THAN
PAYMENT OF OPERATING EXPENSES OF THE AUTHORITY.
§ 1762. EXEMPTION FROM TAXATION OF BONDS AND NOTES. THE STATE COVEN-
ANTS WITH THE PURCHASERS AND WITH ALL SUBSEQUENT HOLDERS AND TRANSFEREES
OF BONDS AND NOTES, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT
FOR THE BONDS AND NOTES, THAT THE BONDS AND NOTES AND THE INCOME THERE-
FROM, AND ALL MONEYS, FUNDS AND REVENUES PLEDGED TO PAY OR SECURE THE
PAYMENT OF SUCH BONDS AND NOTES SHALL AT ALL TIMES BE FREE FROM TAXA-
TION, EXCEPT FOR ESTATE AND GIFT TAXES AND TAXES ON TRANSFERS.
§ 1763. BONDS AND NOTES LEGAL INVESTMENTS FOR FIDUCIARIES. THE BONDS
AND NOTES ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND
BODIES OF THE STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS,
ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRYING ON
S. 5552 19
AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES, SAVINGS
BANKS, SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS AND
BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS
CARRYING ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS, EXECU-
TORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSOEVER
WHO ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR
OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS
INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW, THE BONDS AND NOTES OF THE AUTHORITY ARE
ALSO HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND MAY BE
RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICI-
PALITIES AND MUNICIPAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOS-
IT OF BONDS OR OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE
AUTHORIZED.
§ 1764. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITHSTANDING
AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS WHICH MAY
BE CONTAINED IN ANY CONTRACT WITH THE HOLDERS OF THE BONDS, THE STATE
MAY, UPON FURNISHING SUFFICIENT FUNDS THEREFOR, REQUIRE THE AUTHORITY TO
REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS ON ANY INTER-
EST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE OF THE BONDS
OF SUCH ISSUE AT ONE HUNDRED FIVE PERCENT OF THEIR FACE VALUE AND
ACCRUED INTEREST OR AT SUCH LESSER REDEMPTION PRICE AS MAY BE PROVIDED
IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON THE REDEMP-
TION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT LEAST TWO
NEWSPAPERS PUBLISHED AND CIRCULATING RESPECTIVELY IN THE CITIES OF ALBA-
NY AND NEW YORK AT LEAST TWICE, THE FIRST PUBLICATION TO BE AT LEAST
THIRTY DAYS BEFORE THE DATE OF REDEMPTION.
§ 1765. RIGHTS AND REMEDIES OF BONDHOLDERS AND NOTEHOLDERS. THE HOLD-
ERS OF BONDS AND NOTES SHALL HAVE THE FOLLOWING RIGHTS AND REMEDIES,
SUBJECT TO THE TERMS OF THE RESOLUTION AUTHORIZING SUCH BONDS AND NOTES
OR ANY TRUST INDENTURE, SECURED LOAN AGREEMENT OR OTHER INSTRUMENT
RELATED THERETO:
1. IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF
PRINCIPAL OF OR INTEREST ON ANY ISSUE OF BONDS OR NOTES AFTER THE SAME
SHALL BECOME DUE, WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND
SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT
THAT THE AUTHORITY SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF
THIS TITLE, OR SHALL DEFAULT IN ANY CONTRACT MADE WITH THE HOLDERS OF
ANY ISSUE OF BONDS OR NOTES, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN
AGGREGATE PRINCIPAL AMOUNT OF THE BONDS OR NOTES OF SUCH ISSUE THEN
OUTSTANDING, BY INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE
CLERK IN THE COUNTY OF ALBANY AND APPROVED OR ACKNOWLEDGED IN THE SAME
MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE TO REPRESENT THE
HOLDERS OF SUCH BONDS OR NOTES FOR THE PURPOSES HEREIN PROVIDED.
2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN-
TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH BONDS OR NOTES THEN
OUTSTANDING SHALL, IN SUCH TRUSTEE'S OR ITS OWN NAME:
(A) BY SUIT, ACTION OR SPECIAL PROCEEDING, ENFORCE ALL RIGHTS OF THE
BONDHOLDERS OR NOTEHOLDERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY
TO COLLECT FEES, RENTALS AND CHARGES ADEQUATE TO CARRY OUT ANY AGREE-
MENTS WITH THE HOLDERS OF SUCH BONDS OR NOTES AND TO PERFORM ITS DUTIES
UNDER THIS TITLE;
(B) BRING SUIT UPON SUCH BONDS OR NOTES;
(C) BY ACTION OR SUIT IN EQUITY, REQUIRE THE AUTHORITY TO ACCOUNT AS
IF IT WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS
OR NOTES;
S. 5552 20
(D) BY ACTION OR SUIT IN EQUITY, ENJOIN ANY ACT OR THINGS WHICH MAY BE
UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS OR
NOTES; AND
(E) DECLARE ALL SUCH BONDS OR NOTES DUE AND PAYABLE, AND IF ALL
DEFAULTS SHALL BE MADE GOOD THEN WITH THE CONSENT OF THE HOLDERS OF
TWENTY-FIVE PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH BONDS OR NOTES
THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
3. SUCH TRUSTEE, WHETHER OR NOT THE ISSUANCE OF BONDS OR NOTES REPRES-
ENTED BY SUCH TRUSTEE HAD BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTI-
TLED AS OF RIGHT TO THE APPOINTMENT OF A RECEIVER OF ANY PROPERTY OF THE
AUTHORITY, THE FEES, RENTALS, CHARGES OR OTHER REVENUES OF WHICH ARE
PLEDGED FOR THE SECURITY OF THE BONDS OR NOTES OF SUCH ISSUE AND SUCH
RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH PROPERTY, OR ANY PART OR
PARTS THEREOF AND OPERATE AND MAINTAIN THE SAME AND RECEIVE ALL FEES,
CHARGES, RENTALS AND OTHER REVENUES THEREAFTER ARISING THEREFROM AND
EXERCISE SUCH OTHER POWERS OF THE AUTHORITY AS THE COURT MAY DEEM ADVIS-
ABLE AND PERFORM THE PUBLIC DUTIES AND CARRY OUT THE AGREEMENTS AND
OBLIGATIONS OF THE AUTHORITY UNDER THE DIRECTION OF THE COURT. IN ANY
SUIT, ACTION OR PROCEEDING BY THE TRUSTEE THE FEES, COUNSEL FEES AND
EXPENSES OF THE TRUSTEE AND OF THE RECEIVER, IF ANY, SHALL CONSTITUTE
TAXABLE DISBURSEMENTS AND ALL COSTS AND DISBURSEMENTS ALLOWED BY THE
COURT SHALL BE A FIRST CHARGE ON ANY FEES, CHARGES, RENTALS AND OTHER
REVENUES DERIVED FROM SUCH PROPERTIES.
4. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS
ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC-
TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN-
TATION OF BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND PROTECTION
OF THEIR RIGHTS.
5. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR
PROCEEDING BY THE TRUSTEE ON BEHALF OF SUCH BONDHOLDERS OR NOTEHOLDERS.
THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE
COUNTY OF ALBANY.
6. BEFORE DECLARING THE PRINCIPAL OF BONDS OR NOTES DUE AND PAYABLE,
THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS' NOTICE IN WRITING TO THE
GOVERNOR, TO THE AUTHORITY, TO THE COMPTROLLER AND TO THE ATTORNEY
GENERAL OF THE STATE.
§ 1766. STATE NOT LIABLE ON BONDS AND NOTES. THE BONDS AND NOTES SHALL
NOT BE A DEBT OF THE STATE OF NEW YORK NOR SHALL THE STATE BE LIABLE
THEREON AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A
STATEMENT TO THAT EFFECT.
§ 4. The tax law is amended by adding a new article 29-E to read as
follows:
ARTICLE 29-E
FOR-HIRE VEHICLE IMPROVEMENT SURCHARGE
SECTION 1299-AA. DEFINITIONS.
1299-BB. IMPOSITION OF TAX.
1299-CC. LIABILITY FOR SURCHARGE.
1299-DD. RETURNS AND PAYMENT OF SURCHARGE.
1299-EE. RECORDS TO BE KEPT.
1299-FF. DEPOSIT AND DISPOSITION OF REVENUE.
§ 1299-AA. DEFINITIONS. AS USED OR REFERRED TO IN THIS ARTICLE, UNLESS
A DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT:
(A) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY
COMPANY, SOCIETY, ASSOCIATION, JOINT STOCK COMPANY, CORPORATION, ESTATE,
RECEIVER, TRUSTEE, ASSIGNEE, REFEREE OR ANY OTHER PERSON ACTING IN A
FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER APPOINTED BY A COURT OR
S. 5552 21
OTHERWISE, ANY COMBINATION OF INDIVIDUALS AND ANY OTHER FORM OF UNINCOR-
PORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR MORE PERSONS.
(B) "AUTHORITY" MEANS THE GREEN ACCESSIBLE TRANSITION AUTHORITY
ESTABLISHED PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-ONE OF THE
PUBLIC AUTHORITIES LAW.
(C) "FOR-HIRE VEHICLE" MEANS ANY TRANSPORTATION NETWORK COMPANY VEHI-
CLE (TNC VEHICLE) AS DEFINED IN SECTION SIXTEEN HUNDRED NINETY-ONE OF
THE VEHICLE AND TRAFFIC LAW AND ANY FOR-HIRE VEHICLE AS DEFINED IN
SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
(D) "FOR-HIRE TRANSPORTATION TRIP" MEANS TRANSPORTATION PROVIDED IN A
FOR-HIRE VEHICLE AS DEFINED IN SUBDIVISION (C) OF THIS SECTION, FOR
WHICH A CHARGE IS MADE.
(E) "HIGH-VOLUME FOR-HIRE SERVICE" SHALL HAVE THE SAME MEANING AS
DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK.
§ 1299-BB. IMPOSITION OF TAX. (A) IN ADDITION TO ANY OTHER TAX OR
ASSESSMENT IMPOSED BY THIS CHAPTER OR OTHER LAW, THERE IS HEREBY IMPOSED
A SURCHARGE OF ONE DOLLAR FOR EACH FOR-HIRE TRANSPORTATION TRIP
CONDUCTED IN A TRANSPORTATION NETWORK COMPANY VEHICLE OR BY A HIGH-VO-
LUME FOR-HIRE SERVICE, OTHER THAN TRIPS DISPATCHED BY A PARATRANSIT
SERVICE.
(B) RECEIPTS SUBJECT TO TAX UNDER PARAGRAPH TEN OF SUBDIVISION (C) OF
SECTION ELEVEN HUNDRED FIVE OF THIS CHAPTER SHALL BE DEEMED TO EXCLUDE
ANY SURCHARGE IMPOSED BY THIS ARTICLE.
§ 1299-CC. LIABILITY FOR SURCHARGE. (A) NOTWITHSTANDING ANY PROVISION
OF LAW TO THE CONTRARY, ANY PERSON WHO DISPATCHES A MOTOR VEHICLE BY ANY
MEANS THAT PROVIDES TRANSPORTATION THAT IS SUBJECT TO A SURCHARGE
IMPOSED BY THIS ARTICLE SHALL BE LIABLE FOR THE SURCHARGE IMPOSED BY
THIS ARTICLE.
(B) NOTWITHSTANDING ANY LAW TO THE CONTRARY: (1) THE SURCHARGE IMPOSED
BY THIS ARTICLE SHALL BE PASSED ALONG TO PASSENGERS AND SEPARATELY STAT-
ED ON ANY RECEIPT THAT IS PROVIDED TO SUCH PASSENGERS. THE PASSING ALONG
OF SUCH SURCHARGE SHALL NOT BE CONSTRUED BY ANY COURT OR ADMINISTRATIVE
BODY AS THE IMPOSITION OF THE SURCHARGE ON THE PERSON OR ENTITY THAT
PAYS FOR THE FOR-HIRE TRANSPORTATION TRIP. ALL REGULATORY AGENCIES SHALL
ADJUST ANY FARES THAT ARE AUTHORIZED BY SUCH AGENCIES TO INCLUDE THE
SURCHARGE IMPOSED BY THIS ARTICLE AND SHALL REQUIRE THAT ANY METER OR
OTHER INSTRUMENT USED IN ANY FOR-HIRE VEHICLE REGULATED BY SUCH AGENCY
TO CALCULATE FARES BE ADJUSTED TO INCLUDE THE SURCHARGE.
(2) NEITHER THE FAILURE OF A REGULATORY AGENCY TO ADJUST FARES NOR THE
FAILURE TO ADJUST A METER OR OTHER INSTRUMENT USED IN A FOR-HIRE VEHICLE
TO CALCULATE FARES SHALL RELIEVE ANY PERSON LIABLE FOR THE SURCHARGE
IMPOSED BY THIS ARTICLE FROM THE OBLIGATION TO PAY SUCH SURCHARGE.
§ 1299-DD. RETURNS AND PAYMENT OF SURCHARGE. (A) EVERY PERSON LIABLE
FOR THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL FILE A RETURN WITH THE
COMMISSIONER ON A MONTHLY BASIS. EACH RETURN SHALL SHOW THE NUMBER OF
FOR-HIRE TRANSPORTATION TRIPS SUBJECT TO THE SURCHARGE IMPOSED BY THIS
ARTICLE IN THE MONTH FOR WHICH THE RETURN IS FILED, ALONG WITH SUCH
OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE. THE RETURNS REQUIRED
BY THIS SECTION SHALL BE FILED WITHIN TWENTY DAYS AFTER THE END OF THE
MONTH COVERED THEREBY. IF THE COMMISSIONER DEEMS IT NECESSARY TO ENSURE
THE PAYMENT OF THE SURCHARGE IMPOSED BY THIS ARTICLE, THE COMMISSIONER
MAY REQUIRE RETURNS TO BE MADE FOR SHORTER PERIODS THAN PRESCRIBED BY
THE PROVISIONS OF THIS SECTION, AND UPON SUCH DATES AS MAY BE SPECIFIED.
THE FORM OF RETURNS SHALL BE PRESCRIBED BY THE COMMISSIONER AND SHALL
CONTAIN SUCH INFORMATION AS THE COMMISSIONER MAY DEEM NECESSARY FOR THE
S. 5552 22
PROPER ADMINISTRATION OF THIS ARTICLE. THE COMMISSIONER MAY REQUIRE THAT
RETURNS BE FILED ELECTRONICALLY.
(B) EVERY PERSON LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE
SHALL, AT THE TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE
TOTAL AMOUNT OF ALL SURCHARGES DUE UNDER THIS ARTICLE. SUCH AMOUNT SHALL
BE DUE AND PAYABLE ON THE DATE SPECIFIED FOR THE FILING OF THE RETURN
FOR SUCH PERIOD, WITHOUT REGARD TO WHETHER A RETURN IS FILED, OR WHETHER
THE RETURN THAT IS FILED CORRECTLY SHOWS THE CORRECT NUMBER OF FOR-HIRE
TRIPS THAT ARE SUBJECT TO THE SURCHARGE, OR THE CORRECT SURCHARGE AMOUNT
DUE THEREON. THE COMMISSIONER MAY REQUIRE THAT THE SURCHARGE BE PAID
ELECTRONICALLY.
(C) IN ADDITION TO ANY OTHER PENALTY OR INTEREST PROVIDED FOR UNDER
THIS ARTICLE OR OTHER LAW, AND UNLESS IT IS SHOWN THAT SUCH FAILURE IS
DUE TO REASONABLE CAUSE AND NOT DUE TO WILLFUL NEGLECT, ANY PERSON
LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE THAT FAILS TO PAY SUCH
SURCHARGE WHEN DUE SHALL BE LIABLE FOR A PENALTY IN AN AMOUNT EQUAL TO
TWO HUNDRED PERCENT OF THE TOTAL SURCHARGE AMOUNT THAT IS DUE.
§ 1299-EE. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE SURCHARGE
IMPOSED BY THIS ARTICLE SHALL KEEP, AND SHALL MAKE AVAILABLE FOR REVIEW
UPON DEMAND BY THE COMMISSIONER:
(A) RECORDS OF EVERY TRIP PROVIDED OR ARRANGED BY SUCH PERSON, OR
PROVIDED THROUGH THE USE OF A FOR-HIRE VEHICLE OWNED OR LEASED BY SUCH
PERSON, INCLUDING ALL AMOUNTS PAID, CHARGED, OR DUE THEREON, IN SUCH
FORM AS THE COMMISSIONER MAY REQUIRE;
(B) TRUE AND COMPLETE COPIES OF ANY RECORDS REQUIRED TO BE KEPT BY ANY
APPLICABLE REGULATORY DEPARTMENT OR AGENCY; AND
(C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE
TO PERFORM THEIR DUTIES UNDER THIS ARTICLE.
§ 1299-FF. DEPOSIT AND DISPOSITION OF REVENUE. (A) ANY SURCHARGE,
INTEREST, AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER SHALL
BE DEPOSITED DAILY WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES, OR TRUST
COMPANIES, AS MAY BE DESIGNATED BY THE COMPTROLLER, TO THE CREDIT OF THE
COMPTROLLER IN TRUST FOR THE GREEN ACCESSIBLE TRANSITION AUTHORITY. AN
ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH
DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONEY IN THE
POSSESSION OF THE COMPTROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE
SECURITY FROM ALL SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED OR
RECEIVED UNDER THIS ARTICLE, THE COMPTROLLER SHALL RETAIN SUCH AMOUNT AS
THE COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS
ARTICLE. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEDUCT FROM THE
AMOUNTS THE DEPARTMENT RECEIVES UNDER THIS ARTICLE, BEFORE DEPOSIT INTO
THE TRUST ACCOUNTS DESIGNATED BY THE COMPTROLLER, A REASONABLE AMOUNT
NECESSARY TO EFFECTUATE REFUNDS OF APPROPRIATIONS OF THE DEPARTMENT TO
REIMBURSE THE DEPARTMENT FOR THE COSTS INCURRED TO ADMINISTER, COLLECT
AND DISTRIBUTE THE SURCHARGE, INTEREST, AND PENALTIES IMPOSED BY THIS
ARTICLE.
(B) ON OR BEFORE THE TWELFTH DAY OF EACH MONTH, AFTER RESERVING SUCH
AMOUNT FOR SUCH REFUNDS AND DEDUCTING SUCH AMOUNTS FOR SUCH COSTS, AS
PROVIDED FOR IN SUBDIVISION (A) OF THIS SECTION, THE COMMISSIONER SHALL
CERTIFY TO THE COMPTROLLER THE AMOUNT OF REVENUES SO RECEIVED DURING THE
PRIOR MONTH AS A RESULT OF THE SURCHARGE, INTEREST, AND PENALTIES SO
IMPOSED. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AFTER
DEDUCTING THE AMOUNTS SPECIFIED IN THIS SUBDIVISION, THE REMAINING FUNDS
COLLECTED SHALL BE DEPOSITED BY THE COMPTROLLER, WITHOUT APPROPRIATION,
INTO THE GREEN ACCESSIBLE TRANSITION FUND ESTABLISHED PURSUANT TO
SECTION SEVENTEEN HUNDRED FIFTY-FIVE OF THE PUBLIC AUTHORITIES LAW.
S. 5552 23
§ 5. The sum of ten million dollars ($10,000,000), or so much thereof
as may be necessary, is hereby appropriated to the green accessible
transition authority from any moneys in the state treasury in the gener-
al fund to the credit of the state purposes account not otherwise appro-
priated for the purposes of carrying out the provisions of this act.
Such sum shall be payable on the audit and warrant of the state comp-
troller on vouchers certified or approved by the secretary of state or
such secretary's duly designated representative in the manner provided
by law.
§ 6. This act shall take effect immediately.