Bill Text: NY A03063 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the board to submit a recommendation regarding the central business district toll amounts to the legislature and also to recommend a privacy risk plan.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-01-03 - referred to corporations, authorities and commissions [A03063 Detail]

Download: New_York-2023-A03063-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3063

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A. RA, BRABENEC -- read once and referred to the
          Committee on Corporations, Authorities and Commissions

        AN ACT to amend the public authorities law, in  relation  to  the  board
          submitting  a  recommendation  regarding the central business district
          toll amounts to the legislature and recommending a privacy risk plan

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. The legislature finds and declares that
     2  legislative  accountability  is a core element in any democratic polity.
     3  The commuter tax legislation tried to sidestep  that  accountability  by
     4  passing  off  the  burden  of  establishing  the  commuter  tax rates to
     5  unelected bureaucrats and announcing such rates the week after the  2020
     6  election.   This legislation would restore the crucial element of legis-
     7  lative accountability by requiring that the legislature approve any rate
     8  established for the commuter tax.
     9    § 2. Subdivisions 2 and 3 of section 553-k of the  public  authorities
    10  law, as added by section 8 of subpart A of part ZZZ of chapter 59 of the
    11  laws of 2019, are amended to read as follows:
    12    2.  The  board shall make a recommendation regarding the central busi-
    13  ness district toll amounts to be established pursuant to article  forty-
    14  four-C  of  the vehicle and traffic law, which shall include a variable-
    15  pricing structure, no [sooner] later than  [November]  April  fifteenth,
    16  two  thousand [twenty and no later than December thirty-first, two thou-
    17  sand twenty, or no later than thirty  days  before  a  central  business
    18  district  tolling program is initiated, whichever is later] twenty-five.
    19  Such recommendation shall be submitted to the legislature for  approval.
    20  The  legislature shall vote on such recommendation by June thirty-first,
    21  two thousand twenty-five. The  authority  shall  only  be  permitted  to
    22  establish  central  business  toll  district  amounts if approved by the
    23  legislature. If approved by the legislature, such  recommendation  shall
    24  be  submitted to the board of the Triborough bridge and tunnel authority

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07314-01-3
        A. 3063                             2

     1  for consideration before the  Triborough  bridge  and  tunnel  authority
     2  board  may  approve  central  business district toll amounts that may be
     3  established and adopted.
     4    3.  For  purposes  of recommending a central business district toll or
     5  tolls in addition to the goal of reducing  traffic  within  the  central
     6  business  district,  the  board  shall,  at  minimum, ensure that annual
     7  revenues and fees collected under  such  program,  less  costs  of  such
     8  program, provide for revenues into the central business district tolling
     9  capital  lockbox  fund,  established  pursuant  to  section five hundred
    10  fifty-three-j of this [chapter] title, necessary to fund fifteen billion
    11  dollars for capital projects for the 2020 to 2024 capital  program,  and
    12  any  additional  revenues  above  that  amount  to  be available for any
    13  successor program. The board shall consider for purposes of  its  recom-
    14  mendations,  factors  including  but  not  limited to, traffic patterns,
    15  traffic mitigation measures,  operating  costs,  public  impact,  public
    16  safety,  hardships,  vehicle  type,  discounts for motorcycles, peak and
    17  off-peak rates and environmental impacts, including but not  limited  to
    18  air  quality  and emissions trends. The board shall recommend a plan for
    19  credits, discounts, and/or exemptions for  tolls  paid  on  bridges  and
    20  crossings which shall be informed by a traffic study associated with the
    21  impact  of  any  such credits, discounts and/or exemptions on the recom-
    22  mended toll. The board shall recommend a plan  for  credits,  discounts,
    23  and/or  exemptions  for  for-hire  vehicles  defined,  and  subject to a
    24  surcharge imposed by, article twenty-nine-C of the tax law  for  a  for-
    25  hire transportation trip based on factors including, but not limited to,
    26  initial  market  entry  costs  associated with licensing and regulation,
    27  comparative contribution to congestion in the central business district,
    28  and general industry impact. The board shall recommend  a  privacy  risk
    29  plan  in relation to the collection, processing, transfer and disclosure
    30  of personal data, including, but not limited to, historical or real-time
    31  geolocation data, under such a program and require that use,  disclosure
    32  or  access  to  an individual's personal data shall require affirmative,
    33  express consent of the individual. The board shall  produce  a  detailed
    34  report that provides information regarding the board's review and analy-
    35  sis  for purposes of establishing its recommendations, including but not
    36  limited to, all of the considerations referred to in  this  subdivision.
    37  The  board shall not recommend a toll that provides for charging passen-
    38  ger vehicles registered pursuant to  subdivision  six  of  section  four
    39  hundred one of the vehicle and traffic law more than once per day.
    40    § 3. This act shall take effect immediately.