Bill Text: NY S01528 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the Move New York Fair Plan; creates a Move New York mobility fund, provides for outer bridges to be tolled in accordance with a specified ratio, provides for a taxi surcharge on certain vehicles, rescinds certain provisions of the tax law, and establishes authority for the receipt and disbursement of realized funds; directs the metropolitan transportation authority to contract with a certified public accounting firm for the conducting of an independent forensic audit of such authority.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO TRANSPORTATION [S01528 Detail]
Download: New_York-2019-S01528-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1528 2019-2020 Regular Sessions IN SENATE January 15, 2019 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing the Move New York Fair Plan; to amend the state finance law, in relation to establishing the Move New York mobility fund; to amend the public authorities law, in relation to the collection and disbursement of the funds of such plan; to amend the tax law, in relation to rescinding certain tax exemptions; to amend the executive law, in relation to diversion of metropolitan transportation authority funds; to amend the public authorities law, in relation to directing the metropolitan transportation authority to contract for the provision of an independent forensic audit of such authority; and providing for the repeal of certain provisions upon the expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 article 44-C to read as follows: 3 ARTICLE 44-C 4 MOVE NEW YORK FAIR PLAN 5 Section 1701. Definitions. 6 1702. Authorization and establishment of the Move New York Fair 7 Plan. 8 1703. Move New York toll swap. 9 1704. Violations and enforcement. 10 1705. Disposition of revenue and penalties. 11 1706. Rulemaking authority. 12 § 1701. Definitions. For the purposes of this article, the following 13 terms shall have the following meanings: 14 1. "City" means the city of New York. 15 2. "Department" means the department of transportation of the city. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07422-01-9S. 1528 2 1 3. "Electronic fee collection system" means a system of collecting 2 fees which is capable of charging an account holder the appropriate fee 3 by transmission of information from an electronic device in or on a 4 vehicle to a device sensor, which information is used to charge the 5 appropriate fee. 6 4. "Move New York mobility fund" means the fund of the same name 7 established in section eighty-five of the state finance law. 8 5. "Move New York toll swap" means the imposition of tolls on current- 9 ly free crossings that lead into that area within the borough of Manhat- 10 tan south of but excluding 60th Street and the reduction of tolls on the 11 metropolitan transportation authority's existing seven tolled bridges 12 specified in subdivision four of section seventeen hundred three of this 13 article. 14 6. "Operation date" means the date determined by the department and 15 the Triborough bridge and tunnel authority for the beginning of the 16 operation and enforcement of the Move New York toll swap, but in no case 17 later than January first, two thousand twenty-two. 18 7. "Owner" means any person, corporation, partnership, firm, agency, 19 association, lessor, or organization who at the time a vehicle is oper- 20 ated: (a) is the beneficial or equitable owner of such vehicle; (b) has 21 title to such vehicle; (c) is the registrant or co-registrant of such 22 vehicle which is registered with the department of motor vehicles of 23 this state or any other state, territory, district, province, nation or 24 other jurisdiction; (d) uses such vehicle in its vehicle renting and/or 25 leasing business; or (e) is an owner of such vehicle as defined by 26 section one hundred twenty-eight or subdivision (a) of section twenty- 27 one hundred one of this chapter. 28 8. "Parking violations bureau" means the parking violations bureau 29 created in the department pursuant to section 19-201 of the administra- 30 tive code of the city. 31 9. "Vehicle-monitoring system" means a vehicle sensor installed at 32 newly tolled crossings, pursuant to this article, to work in conjunction 33 with photographic or other recording equipment which automatically 34 produces one or more photographs, one or more microphotographs, a vide- 35 otape, digital record or other recorded images of a vehicle entering or 36 exiting the perimeter established by such new tolls. 37 § 1702. Authorization and establishment of the Move New York Fair 38 Plan. 1. The department and the metropolitan transportation authority 39 are hereby authorized and shall, subject to the completion of any envi- 40 ronmental review required by law or regulation, establish and administer 41 the provisions of this article to be known as the Move New York Fair 42 Plan subject to and conditional upon the establishment and continuation 43 of tolls by the Triborough bridge and tunnel authority as set forth in 44 this section. 45 2. The plan shall commence on the operation date as determined by 46 agreement between the department and the Triborough bridge and tunnel 47 authority. 48 3. Contracting and employment created through the implementation of 49 this plan shall be required to comply with article fifteen-A of the 50 executive law or the most current minority and women-owned business 51 contracting provisions. 52 § 1703. Move New York toll swap. 1. The department shall install and 53 operate an electronic fee collection system and a vehicle-monitoring 54 system or utilize any other technological means to effectuate the 55 provisions of this article at points of entry specified in paragraphs 56 (a) and (b) of this subdivision. The department shall determine theS. 1528 3 1 appropriate placement of such systems so as to identify vehicles enter- 2 ing and exiting the perimeter created by the points specified by para- 3 graphs (a) and (b) of this subdivision so as to utilize the electronic 4 fee collection and vehicle-monitoring system, provided that such systems 5 shall be technologically compatible with the analogous systems used by 6 the Triborough bridge and tunnel authority at the facilities identified 7 in paragraph (c) of this subdivision (such that the systems will be 8 interoperable and customers will utilize the same transponders or other 9 means of identification) and be placed at the following locations: 10 (a) at each intersection of East or West 60th street with each north- 11 bound or southbound roadway that crosses East or West 60th street in the 12 borough of Manhattan, including where 60th street would intersect both 13 Franklin Delano Roosevelt drive and route 9A if it extended east to the 14 East river and west to the Hudson river, such that any vehicle traveling 15 in a northerly or southerly direction and passing over East or West 60th 16 street, as described above, will be monitored and eligible for tolling; 17 (b) the Brooklyn bridge, the Ed Koch Queensboro bridge, the Manhattan 18 bridge, and the Williamsburg bridge; and 19 (c) the Brooklyn Battery tunnel and the Queens Midtown tunnel. 20 (d) Notwithstanding the opening paragraph of this subdivision, the 21 department shall not place such systems at the Lincoln tunnel, the 22 Holland tunnel or any other crossing not otherwise named in this subdi- 23 vision. 24 2. The cost of tolls at points of entry specified in paragraphs (a), 25 (b), and (c) of subdivision one of this section shall be uniform and 26 equal to those tolls established from time to time by the Triborough 27 bridge and tunnel authority at the locations specified in paragraph (c) 28 of subdivision one of this section. And in accordance with the passage 29 of this legislation, tolls shall be reduced at those locations specified 30 in paragraph (c) of subdivision one of this section by 9.75 percent at 31 the time the Move New York toll swap is implemented. Such tolls and all 32 other tolls at the facilities of the Triborough bridge and tunnel 33 authority may thereafter be adjusted from time to time as determined by 34 the Triborough bridge and tunnel authority, subject to legislative 35 approval, and in accordance with those procedures applicable to the 36 setting of tolls for authority facilities generally. 37 2-a. Notwithstanding the provisions of subdivision two of this 38 section, the toll charged for westbound vehicles utilizing the north- 39 bound exit of the Ed Koch Queensboro bridge shall be fifty-five percent 40 of the cost charged at all other points of entry on such bridge. 41 3. Tolls collected at points of entry specified in paragraphs (a) and 42 (b) of subdivision one of this section shall, excepting revenue derived 43 from tolls on facilities operated by the Triborough bridge and tunnel 44 authority, be transferred into the Move New York mobility fund estab- 45 lished by section eighty-five of the state finance law. All revenue 46 collected from the tolls at points of entry specified in paragraph (c) 47 of subdivision one of this section shall continue to be collected and 48 retained by the Triborough bridge and tunnel authority. 49 4. The tolls at the points of entry specified in paragraphs (a) and 50 (b) of subdivision one of this section shall be imposed as of the opera- 51 tion date, and maintained thereafter, only if, simultaneously, the then- 52 prevailing tolls at the following locations are lowered and maintained 53 thereafter by the Triborough bridge and tunnel authority in accordance 54 with the provisions of subdivision five of this section: 55 (a) Henry Hudson bridge; 56 (b) Triborough bridge;S. 1528 4 1 (c) Whitestone bridge; 2 (d) Throgs Neck bridge; 3 (e) Cross Bay Veterans memorial bridge; 4 (f) Marine parkway-Gil Hodges memorial bridge; and 5 (g) Verrazano bridge. 6 5. The price of the tolls at the point of entry specified by: 7 (a) Paragraph (a) of subdivision four of this section shall be uniform 8 and not more than twenty-eight percent of the electronic direct-pay 9 rate, or fifty-six percent of the cost of the pay-by-mail rate, that 10 would be charged to a vehicle at the tolls at the points of entry speci- 11 fied in paragraphs (a), (b) and (c) of subdivision one of this section; 12 (b) Paragraphs (b), (c), (d) and (g) of subdivision four of this 13 section shall be uniform and not more than fifty-five percent of the 14 electronic direct-pay rate, or sixty percent of the cost of the toll-by- 15 mail rate, that would be charged to a vehicle at the tolls at the points 16 of entry specified in paragraphs (a), (b) and (c) of subdivision one of 17 this section; and 18 (c) Paragraphs (e) and (f) of subdivision four of this section shall 19 be uniform and not more than twenty percent of the electronic direct-pay 20 rate, or thirty-four percent of the cost of the toll-by-mail rate, that 21 would be charged to a vehicle at the tolls at the points of entry speci- 22 fied in paragraphs (a), (b) and (c) of subdivision one of this section. 23 (d) For those bridges where a governor-approved resident toll discount 24 is currently in effect, such discount shall be made permanent, and any 25 resident rate for those same crossings shall be fifty percent of the 26 standard toll under this plan for those vehicles equipped with electron- 27 ic, onsite, direct payment technology. 28 6. In the event that the Triborough bridge and tunnel authority fails 29 to establish and maintain tolls at the facilities specified in para- 30 graphs (a) through (g) of subdivision four of this section at levels 31 consistent with the ratios established by subdivision five of this 32 section, then the authority to establish and maintain tolls at the 33 facilities specified in paragraphs (a) and (b) of subdivision one of 34 this section shall lapse and be of no force and effect. Vehicles regis- 35 tered in any borough that lacks subway service to the central business 36 district which are traveling to or from the central business district, 37 shall be limited to one toll per direction so long as the vehicle in 38 question is using E-ZPass or other form of instant, onsite payment and 39 that the second tolled facility the driver may cross is reached within 40 three hours of the first tolled facility in that direction being 41 crossed, where the tolled facilities in question are those specified in 42 paragraphs (a) and (b) of subdivision one and paragraph (g) of subdivi- 43 sion four of this section. 44 7. (a) The city taxi and limousine commission, pursuant to an agree- 45 ment to be entered into with the Move New York highway and transit 46 authority, but in no case later than January first, two thousand twen- 47 ty-two shall be authorized to impose and shall impose a surcharge on all 48 taxis, black cars, liveries and for-hire vehicles licensed by the city 49 taxi and limousine commission picking up or discharging passengers with- 50 in the hail exclusionary zone as defined by the taxi and limousine 51 commission. 52 (b) Such charge shall be determined as follows: twelve cents per two- 53 tenths of one mile traveled at a speed of six miles per hour or more 54 plus twenty cents per two-tenths of one mile traveled at a speed of less 55 than six miles per hour, within the hail exclusionary zone as defined by 56 the taxi and limousine commission. The charges specified in this subdi-S. 1528 5 1 vision shall vary according to subdivision ten of this section. Such 2 charges may be adjusted upward from time to time by the city taxi and 3 limousine commission. 4 (c) All charges under this subdivision shall be collected by the taxi 5 and limousine commission and remitted to the Move New York highway and 6 transit authority on a quarterly basis. 7 (d) Notwithstanding any contrary provision of law, any for hire vehi- 8 cle or taxi subject to the surcharge specified by this subdivision shall 9 be exempt from the tolls specified in paragraphs (a), (b) and (c) of 10 subdivision one of this section. 11 8. (a) A commercial vehicle, as defined by the New York city traffic 12 rules, equipped with an operational commercial E-ZPass, shall only be 13 charged a single round trip toll per day notwithstanding the number of 14 times such vehicle may cross the perimeter of the tolls established by 15 this section. 16 (b) All vehicles and vehicle types or classes shall pay the new toll 17 crossings with the exception of emergency vehicles and New York city 18 government vehicles as may be provided pursuant to the rule making 19 authority of the Move New York highway and transit authority board. 20 9. It shall be a violation of this section for the owner of any vehi- 21 cle subject to a toll charge pursuant to this article or any surcharge 22 pursuant to subdivision seven of this section to fail to pay such toll 23 charge or surcharge to the department within thirty days after the end 24 of a day in which the vehicle has incurred such toll charge or surcharge 25 pursuant to this section or within fifteen days of receiving written 26 notice, whichever is later. 27 10. The department by agreement with the Move New York highway and 28 transit authority and the Triborough bridge and tunnel authority is 29 hereby authorized to establish a demand-based pricing scheme whereby 30 tolls shall be higher during times of heavy traffic volume and lower 31 during times of lighter traffic volume, provided, however, that in all 32 cases revenue raised from the fees established by this section shall 33 meet the revenue that would have been raised if rates did not change 34 throughout the day, as provided for in this section of this article. 35 Nothing in this section is intended nor shall it be construed to limit 36 or modify the authority and power of the Triborough bridge and tunnel 37 authority to establish tolls at its own facilities. 38 § 1704. Violations and enforcement. 1. Notwithstanding any other 39 provision of law, violations of this article shall be adjudicated pursu- 40 ant to this section. The owner of a vehicle shall be liable for a penal- 41 ty imposed pursuant to this section if such vehicle was used or operated 42 with the permission of the owner, expressed or implied, in violation of 43 this article, and such violation is evidenced by information obtained 44 from a vehicle-monitoring system or other credible evidence. 45 2. A certificate, sworn to or affirmed by a technician employed or 46 contracted by the city, or a facsimile or electronic image thereof, 47 based upon inspection of photographs, microphotographs, videotape, 48 digital record, digital recording or other recorded images produced by a 49 vehicle-monitoring system shall be prima facie evidence of the facts 50 contained therein. Any photographs, microphotographs, videotape, digital 51 recording, digital record, or other recorded images evidencing such a 52 violation shall be available for inspection in any proceeding to adjudi- 53 cate the liability for such violation pursuant to this section. 54 3. Notwithstanding any other provision of law, an owner liable for a 55 violation of this article shall be liable for monetary penalties in 56 accordance with the following initial schedule:S. 1528 6 1 (a) for failure to respond to written 2 notice within thirty days ....................... Fifty dollars 3 (b) for failure to respond to written 4 notice within sixty days .................. One hundred dollars 5 (c) for failure to respond to written 6 notice within ninety or more days ... One hundred fifty dollars 7 The department of finance of the city or the parking violations bureau 8 shall adjudicate liability imposed by this section. 9 4. An imposition of liability pursuant to this section shall not be 10 deemed a conviction as an operator and shall not be made part of the 11 operating record of the person upon whom such liability is imposed nor 12 shall it be used for insurance purposes in the provision of motor vehi- 13 cle insurance coverage. 14 5. A notice of liability shall be sent by first class mail to each 15 person alleged to be liable as an owner for a violation of this article. 16 Personal service on the owner shall not be required. A manual or auto- 17 matic record of mailing prepared in the ordinary course of business 18 shall be prima facie evidence of the facts contained therein. The notice 19 of liability shall contain the following information: 20 (a) the name and address of the person alleged to be liable as an 21 owner for a violation of this article; 22 (b) the registration number of the vehicle involved in such violation; 23 (c) the date, time, and location or locations where such violation 24 took place; 25 (d) the identification number of the vehicle-monitoring system or 26 other document locator number; 27 (e) information advising the person charged of the manner and time in 28 which he or she may contest the liability alleged in the notice; and 29 (f) a warning to advise the person charged that failure to contest in 30 the manner and time provided shall be deemed an admission of liability, 31 may subject the person to additional penalties, and that a default judg- 32 ment may be issued thereon. 33 6. If the evidence of the violation is derived from an official source 34 other than the vehicle-monitoring system, such as from an employee of 35 the police department of the city, the notice shall contain sufficient 36 information detailing the name and title of the city employee who 37 observed the violation in addition to the information described in 38 subdivision five of this section. 39 7. If an owner receives a notice of liability pursuant to this section 40 for any time period during which the vehicle was reported to the police 41 department as having been stolen, it shall be a valid defense to an 42 allegation of liability for a violation of this article that the vehicle 43 had been reported to the police as stolen prior to the time the 44 violation occurred and had not been recovered by such time. For purposes 45 of asserting the defense provided by this subdivision it shall be suffi- 46 cient that a certified copy of the police report on the stolen vehicle 47 be sent by first class mail to the city department of finance or parking 48 violations bureau. 49 8. (a) An owner who is a lessor of a vehicle to which a notice of 50 liability was issued pursuant to subdivision five of this section shall 51 not be liable for the violation of this article provided that: 52 (i) prior to the violation the lessor has filed with the department of 53 finance of the city or the parking violations bureau and paid the 54 required filing fee in accordance with the provisions of section two 55 hundred thirty-nine of this chapter; andS. 1528 7 1 (ii) within thirty-seven days after receiving notice from the depart- 2 ment of finance of the city or the parking violations bureau of the date 3 and time of a liability, together with the other information contained 4 in the original notice of liability, the lessor submits to the depart- 5 ment of finance of the city or the parking violations bureau the correct 6 name and address of the lessee of the vehicle identified in the notice 7 of liability at the time of such violation, together with such other 8 additional information contained in the rental lease or other contract 9 document, as may be reasonably required by the department of finance of 10 the city or the parking violations bureau pursuant to regulations that 11 may be promulgated for such purpose. 12 (b) Failure to comply with subparagraph (ii) of paragraph (a) of this 13 subdivision shall render the owner liable for the penalty prescribed in 14 this section. 15 (c) Where the lessor complies with the provisions of this subdivision, 16 the lessee of such vehicle on the date of such violation shall be deemed 17 to be the owner of such vehicle for purposes of this section, and such 18 lessee shall be subject to liability for a violation of this article and 19 shall be sent a notice of liability pursuant to subdivision four of this 20 section. 21 9. If the owner liable for a violation of this article was not the 22 operator of the vehicle at the time of the violation, the owner may 23 maintain an action for indemnification against the operator. 24 10. Notwithstanding any other provision of this section, no owner of a 25 vehicle shall be subject to a penalty imposed pursuant to this section 26 if the operator of such vehicle was operating such vehicle without the 27 consent of the owner at the time such operator committed a violation of 28 this article. For the purposes of this subdivision, there shall be a 29 presumption that the operator of such vehicle was operating such vehicle 30 with the consent of the owner at the time such operator committed a 31 violation of this article. 32 11. Nothing in this section shall be construed to limit the liability 33 of an operator of a vehicle for any violation of this article. 34 § 1705. Disposition of revenue and penalties. 1. All tolls, fees and 35 surcharges collected pursuant to this article shall at all times be the 36 property of the Move New York highway and transit authority, except for 37 that portion allocable and paid to the Triborough bridge and transit 38 authority pursuant to subdivision five of section eighty-five of the 39 state finance law, which shall be retained by the Triborough bridge and 40 tunnel authority, shall be deposited on a quarterly basis into the Move 41 New York mobility fund established by section eighty-five of the state 42 finance law. 43 2. Notwithstanding any law to the contrary, all fines and penalties 44 collected by the Move New York highway and transit authority for a 45 violation of this article pursuant to the provisions of section seven- 46 teen hundred four of this article shall at all times be the property of, 47 and shall be paid to, the authority and shall be deposited into the Move 48 New York mobility fund established by section eighty-five of the state 49 finance law. 50 § 1706. Rulemaking authority. The metropolitan transportation authori- 51 ty, the Triborough bridge and tunnel authority, the Move New York high- 52 way and transit authority and any agencies of the city, including the 53 department, the city department of finance and the parking violations 54 bureau, are empowered and authorized to promulgate any regulations 55 necessary or in aid of their powers and duties pursuant to this article 56 including adjustments in fees and penalties.S. 1528 8 1 § 2. The state finance law is amended by adding a new section 85 to 2 read as follows: 3 § 85. Move New York mobility fund. 1. There is hereby established in 4 the joint custody of the state comptroller and the Move New York highway 5 and transit authority, a special revenue fund to be known as the "Move 6 New York mobility fund". 7 2. Moneys in the Move New York mobility fund shall be kept separately 8 from and shall not be commingled with any other moneys in the joint or 9 sole custody of the state comptroller or metropolitan transportation 10 authority. 11 3. The fund shall consist of: (i) any tolls, fees and surcharges 12 collected pursuant to article forty-four-C of the vehicle and traffic 13 law, except tolls collected on facilities operated by the Triborough 14 bridge and tunnel authority; (ii) any penalties imposed pursuant to 15 article forty-four-C of the vehicle and traffic law, and administrative 16 fees imposed pursuant to subdivision fifteen of section twenty-nine 17 hundred eighty-five of the public authorities law; and (iii) any funds 18 realized by the rescission of the tax exemption for New York county 19 residents pursuant to section twelve hundred twelve-A of the tax law. 20 4. Moneys of the fund shall be disbursed without appropriation only 21 upon direction of the Move New York highway and transit authority. 22 5. Moneys in the fund shall be disbursed in the following fashion and 23 order of priority on an annual basis: 24 (a) Sufficient funds to cover the lost revenues from: (i) reduced 25 tolls on the facilities identified in paragraphs (a) through (g) of 26 subdivision four of section seventeen hundred three of the vehicle and 27 traffic law calculated on an annual basis based on the historical 28 percentage (reflecting the three year period prior to the operation 29 date) share that such facilities contribute to all Triborough bridge and 30 tunnel authority revenues that are collected from all bridge and tunnel 31 crossings, and (ii) any toll exemptions to vehicles required by or 32 implemented pursuant to this article and determined by the Triborough 33 bridge and tunnel authority and verified by the comptroller on an annual 34 basis based upon actual experience. Such revenue make-up payment shall 35 be calculated on a quarterly basis and paid by the Move New York highway 36 and transit authority from the Move New York mobility fund to the 37 Triborough bridge and tunnel authority within thirty days of the end of 38 each calendar quarter. 39 (b) Sufficient funds to the department of transportation of the city 40 of New York to cover the amortized cost of installing, maintaining and 41 administering the tolls on the roadways and bridges specified in para- 42 graphs (a) and (b) of subdivision one of section seventeen hundred three 43 of the vehicle and traffic law. 44 (c) Up to the first three hundred million dollars to the New York city 45 department of transportation for actual and verifiable costs of main- 46 taining the bridges specified in subdivision one of section seventeen 47 hundred three of the vehicle and traffic law over a ten year period. 48 (d) Four hundred eighty-seven million dollars annually to the metro- 49 politan transportation authority, all or a portion of which may be used 50 to secure indebtedness of up to seven billion three hundred million 51 dollars by such authority. 52 (e) Seventy-five million dollars per year plus any funds allocated 53 under paragraph (c) of this subdivision that are not required for bridge 54 maintenance costs to the New York city department of transportation for 55 miscellaneous road and bridge maintenance and improvements.S. 1528 9 1 (f) As provided in section nine of the chapter of the laws of two 2 thousand nineteen that added this section one hundred twenty-one million 3 dollars per year to the metropolitan transportation authority to imple- 4 ment transit access improvements throughout the five boroughs of New 5 York city. 6 (g) Three hundred million dollars per year to secure indebtedness of 7 the metropolitan transportation authority of up to four billion five 8 hundred sixty-six million dollars to be utilized as the Transit Gap 9 Investment Fund-NYC to be used by the metropolitan transportation 10 authority, the New York city transit authority and the New York city 11 department of transportation in consultation with and approval by a 12 Transit Gap Investment Fund-NYC board which shall consist of the follow- 13 ing officials or, at the discretion of such officials, appointees who 14 shall represent such officials: the governor, the speaker of the assem- 15 bly, the temporary president of the senate, the mayor of the city of New 16 York, each borough president of the city of New York, the New York city 17 council speaker, and two representatives, one of whom shall be appointed 18 by the Hudson Valley delegation of the state legislature, and one of 19 whom shall be appointed by the Long Island delegation of the state 20 legislature. The board shall additionally include the following ex offi- 21 cio, nonvoting members: the president of the transit workers union, the 22 chair of the New York city transit riders council of the permanent citi- 23 zens advisory council to the metropolitan transportation authority, the 24 president of the regional planning association and a representative from 25 the transit riders advocacy community such representative being 26 appointed by the temporary president of the senate. The board shall, 27 prior to voting on any spending proposals, hold at least one public 28 meeting at which an opportunity for public comment on such proposals 29 shall be provided. 30 (g-1) The metropolitan transportation authority, through the Transit 31 Gap Investment Fund-NYC board, shall dedicate three billion five hundred 32 million dollars to network expansion projects. In dedicating such funds, 33 the board shall consider the following expansion projects: citywide 34 ferry capital construction (seventy million dollars), Sheridan express- 35 way conversion in the Bronx (seventy million dollars), Triboro RX 36 circumferential rapid transit (one billion dollars), bus rapid transit 37 on the North Shore of Staten Island (five hundred million dollars), bike 38 and pedestrian path widening at the Brooklyn bridge (nineteen million 39 dollars), and construction of such paths on the Verrazano bridge (fifty 40 million dollars), conversion of the Atlantic avenue line of the Long 41 Island Rail Road to a subway operated by New York city transit (seven 42 hundred fifty million dollars), initial work on phase 2 of the Second 43 Avenue subway (five hundred million dollars), Manhattan crosstown corri- 44 dor select bus service on 14th; 42nd; 57th and 96th streets (forty-six 45 million dollars), select bus service between 125th Street to LaGuardia 46 airport; on Webster avenue in the Bronx; along the Southern Brooklyn 47 east-west corridor; along the Southern Bronx east-west corridor; along 48 Woodside avenue in Queens; and along Utica avenue in Brooklyn (eighty- 49 three million dollars), G train extension to Queens plaza or Queensboro 50 plaza with a new pedestrian transfer between the two facilities (four 51 hundred million dollars); free out of station transfers between the G 52 and JMZ lines at the Broadway and Hewes stations; and free out of 53 station transfers between the G and L lines at the Broadway and Lorimer 54 stations (two million dollars), free out of station transfers between 55 the 3 line at Junius street station and the L line at Livonia avenue 56 station (one million dollars), and a feasibility study for reactivationS. 1528 10 1 of commuter rail service on the lower Montauk branch of the Long Island 2 Rail Road (two million dollars). 3 (g-2) The remaining billion dollars shall be allocated by the metro- 4 politan transportation authority and department of transportation of the 5 city of New York in the following amounts: three hundred million dollars 6 for the boroughs of Brooklyn and Queens, one hundred seventy-five 7 million for the boroughs of the Bronx and Manhattan, and fifty million 8 for the borough of Staten Island. Projects from funds dedicated pursu- 9 ant to this subdivision shall be used for hyperlocal transit accessibil- 10 ity projects including, but not limited to, new bus shelters, subway 11 station accessibility improvements and streetscape improvements consist- 12 ent with the New York city department of transportation's vision zero 13 goals. In every borough, each community board shall petition for its 14 priority projects, and the final list in every borough shall be approved 15 at the first borough board meeting subsequent to the establishment of 16 the board. Funds shall be distributed evenly between community boards 17 within a borough, within a ten percent margin differential. The minimum 18 project size shall be up to the discretion of the managing agency. 19 (g-3) The Transit Gap Investment Fund-NYC shall be annually audited 20 until all moneys within the fund are depleted by both the state comp- 21 troller and the comptroller of the city of New York. All moneys within 22 the fund shall be expended or allocated within five years of receiving 23 bonded revenues. 24 (h) Twenty-three million five hundred thousand dollars all or a 25 portion of which may be used to secure indebtedness of up to three 26 hundred fifty million dollars to establish the Transit Gap Investment 27 Fund-Hudson Valley for transit capital projects in the counties of West- 28 chester, Putnam, Dutchess, Orange, and Rockland, including, but not 29 limited to, transforming the Tappan Zee express bus service into a bus 30 rapid transit line; supplementing existing county bus system operating 31 budgets with up to ten percent of additional funding; investing in tran- 32 sit-oriented development and increased parking capacity at select 33 metro-north railroad stations; and establishing new express routes from 34 points originating west of the Hudson river into Manhattan's central 35 business district. Funds provided by this subdivision shall be 36 controlled by a board consisting of the following officials, or their 37 appointees: the governor, the speaker of the assembly, the temporary 38 president of the senate, and five members appointed by the Hudson Valley 39 delegation of the state legislature (each of whom shall represent one of 40 the five counties) and one member jointly appointed by the five county 41 executives. The board shall, prior to voting on any spending proposals, 42 hold at least one public meeting at which an opportunity for public 43 comment on such proposals shall be provided. 44 (i) Twenty-three million five hundred thousand dollars, all or a 45 portion of which may be used to secure indebtedness of up to three 46 hundred fifty million dollars to establish the Transit Gap Investment 47 Fund-Long Island to finance transit capital projects in the counties of 48 Nassau and Suffolk, including, but not limited to: supplementing exist- 49 ing county bus system operating budgets with up to ten percent of addi- 50 tional funding; investing in transit-oriented development and increased 51 parking capacity at Long Island Rail Road stations. Funds provided by 52 this subdivision shall be controlled by a board consisting of the 53 following officials, or their appointees: the governor, speaker of the 54 assembly, the temporary president of the senate, and two members 55 appointed by the Long Island delegation of the state legislature (each 56 of whom shall represent one of the two counties) and the two countyS. 1528 11 1 executives. The board shall, prior to voting on any spending proposals, 2 hold at least one public meeting at which an opportunity for public 3 comment on such proposals shall be provided. 4 (j) Any sums remaining in the fund shall be allocated three quarters 5 to the metropolitan transportation authority and one quarter to the city 6 department of transportation to be utilized in both cases for capital 7 purposes only in the first year there is a surplus and every year there- 8 after. 9 (k) In the event that there may be insufficient funds to be disbursed 10 pursuant to paragraphs (g), (h), and (i) of this subdivision, 86.5 11 percent of available funds shall be allocated to the Transit Gap Invest- 12 ment Fund-NYC, 6.75 percent of available funds shall be allocated to the 13 Transit Gap Investment Fund-Hudson Valley, and 6.75 Percent of available 14 funds shall be allocated to the Transit Gap Investment Fund-Long Island. 15 § 3. The public authorities law is amended by adding a new section 16 1279-e to read as follows: 17 § 1279-e. Move New York highway and transit authority. 1. Creation of 18 authority. There is hereby created a public benefit corporation that 19 shall be known as the "Move New York highway and transit authority". 20 The authority shall be a body corporate and politic constituting a 21 public benefit corporation. The members of the board of the metropolitan 22 transportation authority shall serve, ex officio, as the members of the 23 board of the Move New York highway and transit authority. 24 2. Duties of the authority. The Move New York highway and transit 25 authority shall have the sole duty of: (a) receiving revenue pursuant to 26 article forty-four-C of the vehicle and traffic law administered by the 27 department of transportation of the city of New York, any fees or fines 28 for violations thereof, and any funds realized by the rescission of the 29 tax exemption for New York county residents pursuant to section twelve 30 hundred twelve-A of the tax law; (b) disbursing such funds pursuant to 31 subdivision four of section eighty-five of the state finance law and in 32 accordance with subdivision five of such section; (c) issuing bonds, 33 notes and other obligations against revenue collected under paragraph 34 (a) of this subdivision; (d) furnishing an annual report on all receipts 35 and expenditures of the fund, and operation expenses of the plan estab- 36 lished by article forty-four-C of the vehicle and traffic law, to be 37 published on the website of the metropolitan transportation authority 38 and submitted to the governor, state legislature, and the mayor and 39 council of the city of New York; and (e) taking all necessary or conven- 40 ient measures to effectuate the provisions of this subdivision. 41 3. Powers of the authority. The authority shall possess all of the 42 powers of the metropolitan transportation authority as described in this 43 title as are necessary to fulfill these duties and responsibilities. 44 4. Agreement of the state. The state does hereby pledge to and agree 45 with the metropolitan transportation authority and its subsidiaries, New 46 York city transit authority and its subsidiaries, and Triborough bridge 47 and tunnel authority, and the holders of any notes, bonds or other obli- 48 gations, including lease obligations, issued or incurred, not to impair 49 the ability of, or interfere with the rights and powers vested in, the 50 metropolitan transportation authority and its subsidiaries, New York 51 city transit authority and its subsidiaries, and Triborough bridge and 52 tunnel authority by this title to fulfill the terms of any agreements 53 made by any of them with the holders thereof, or in any way impair the 54 rights and remedies of such holders until such notes, bonds or other 55 obligations, including lease obligations, together with the interest 56 thereon, with interest on any unpaid installments of interest, and allS. 1528 12 1 costs and expenses for which the metropolitan transportation authority 2 or its subsidiaries, New York city transit authority and its subsid- 3 iaries, and Triborough bridge and tunnel authority is liable in 4 connection with any action or proceeding by or on behalf of such hold- 5 ers, are fully met and discharged. The metropolitan transportation 6 authority and its subsidiaries, New York city transit authority and its 7 subsidiaries, and Triborough bridge and tunnel authority are each 8 authorized to include this pledge and agreement of the state in any 9 agreement with the holders of such notes, bonds or other obligations, 10 including lease obligations. 11 5. Maintenance of effort. Such amount of revenue generated pursuant to 12 article forty-four-C of the vehicle and traffic law will be used to 13 increase the level of funds that would otherwise be made available for 14 purposes specified by section eighty-five of the state finance law, and 15 not to supplant the amount to be provided to the metropolitan transpor- 16 tation authority or the New York city transit authority or any of their 17 subsidiaries provided by state or local law, rule or regulation. 18 § 4. Section 2985 of the public authorities law is amended by adding 19 three new subdivisions 15, 16 and 17 to read as follows: 20 15. In addition to any monetary liability that may be imposed pursuant 21 to this section and article forty-four-C of the vehicle and traffic law, 22 a public authority that operates a toll highway, bridge or tunnel facil- 23 ity is hereby authorized and empowered to impose an administrative fee 24 or fees on an owner, an operator or an account holder that has violated 25 toll collection regulations. 26 16. Any notice required to be sent pursuant to this section or article 27 forty-four-C of the vehicle and traffic law by first class mail may 28 instead be sent, with consent, by electronic means of communication. A 29 manual or automatic record of electronic communications prepared in this 30 ordinary course of business shall be adequate evidence of electronic 31 notice. 32 17. The Triborough bridge and tunnel authority, with respect to its 33 toll facilities and the Move New York highway and transit authority with 34 respect to new toll facilities established by article forty-four-C of 35 the vehicle and traffic law are authorized to adopt rules and regu- 36 lations to establish an administrative tribunal to adjudicate the 37 liability of owners for violation of toll collection regulations as 38 defined in and in accordance with the provisions of this section and 39 article forty-four-C of the vehicle and traffic law and the applicable 40 toll regulations of such authorities. Such tribunal shall have, with 41 respect to violation of toll collection regulations of such authorities, 42 non-exclusive jurisdiction over violations of the rules and regulations 43 which may from time to time be established by such authorities in 44 accordance with the provisions of this section and article forty-four-C 45 of the vehicle and traffic law. Violations shall be heard and determined 46 in the county in which the violation is alleged to have occurred or in 47 the county in which the public authority has its primary or regional 48 administrative offices and regulations may provide for the conduct of 49 hearings via videoconferencing. 50 § 5. Subdivision 4-d of section 510 of the vehicle and traffic law, as 51 added by chapter 379 of the laws of 1992, is amended to read as follows: 52 4-d. Suspension of registration for failure to answer or pay penalties 53 with respect to certain violations. Upon the receipt of a notification, 54 in the manner and form prescribed by the commissioner, from a court 55 [or], an administrative tribunal, a public authority, or any other 56 public entity imposing violations, that an owner of a motor vehicleS. 1528 13 1 failed to appear on the return date or dates or a new subsequent 2 adjourned date or dates or failed to pay any penalty imposed by a court 3 or failed to comply with the rules and regulations of an administrative 4 tribunal following entry of a final decision or decisions, in response 5 to five or more notices of liability or other process, issued within an 6 eighteen month period from any and all jurisdictions charging such owner 7 with a violation of toll collection regulations in accordance with the 8 provisions of section two thousand nine hundred eighty-five of the 9 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 10 chapter seven hundred seventy-four of the laws of nineteen hundred 11 fifty, or other comparable law, the commissioner or his or her agent 12 shall suspend the registration of the vehicle or vehicles involved in 13 the violation or the privilege of operation of any motor vehicle owned 14 by the registrant. Such suspension shall take effect no less than thirty 15 days from the date on which notice thereof is sent by the commissioner 16 to the person whose registration or privilege is suspended and shall 17 remain in effect until such registrant has appeared in response to such 18 notices of liability or has paid such penalty or in the case of an 19 administrative tribunal, the registrant has complied with the rules and 20 regulations following the entry of a final decision or decisions. 21 § 6. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 22 of the vehicle and traffic law, as amended by section 8 of chapter 222 23 of the laws of 2015, is amended to read as follows: 24 (i) If at the time of application for a registration or renewal there- 25 of there is a certification from a court, parking violations bureau, 26 traffic and parking violations agency or administrative tribunal of 27 appropriate jurisdiction that the registrant or his or her represen- 28 tative failed to appear on the return date or any subsequent adjourned 29 date or failed to comply with the rules and regulations of an adminis- 30 trative tribunal following entry of a final decision in response to a 31 total of three or more summonses or other process in the aggregate, 32 issued within an eighteen month period, charging either that: (i) such 33 motor vehicle was parked, stopped or standing, or that such motor vehi- 34 cle was operated for hire by the registrant or his or her agent without 35 being licensed as a motor vehicle for hire by the appropriate local 36 authority, in violation of any of the provisions of this chapter or of 37 any law, ordinance, rule or regulation made by a local authority; or 38 (ii) the registrant was liable in accordance with section eleven hundred 39 eleven-a, section eleven hundred eleven-b or section eleven hundred 40 eleven-d of this chapter for a violation of subdivision (d) of section 41 eleven hundred eleven of this chapter; or (iii) the registrant was 42 liable in accordance with section eleven hundred eleven-c of this chap- 43 ter for a violation of a bus lane restriction as defined in such 44 section, or (iv) the registrant was liable in accordance with section 45 eleven hundred eighty-b of this chapter for a violation of subdivision 46 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the 47 registrant was liable in accordance with section eleven hundred eighty-c 48 of this chapter for a violation of subdivision (c) or (d) of section 49 eleven hundred eighty of this chapter; or (vi) the registrant was liable 50 in accordance with section eleven hundred eleven-e of this chapter for a 51 violation of subdivision (d) of section eleven hundred eleven of this 52 chapter, or (vii) the registrant was liable in accordance with article 53 forty-four-C of this chapter, the commissioner or his or her agent shall 54 deny the registration or renewal application until the applicant 55 provides proof from the court, traffic and parking violations agency or 56 administrative tribunal wherein the charges are pending that an appear-S. 1528 14 1 ance or answer has been made or in the case of an administrative tribu- 2 nal that he or she has complied with the rules and regulations of said 3 tribunal following entry of a final decision. Where an application is 4 denied pursuant to this section, the commissioner may, in his or her 5 discretion, deny a registration or renewal application to any other 6 person for the same vehicle and may deny a registration or renewal 7 application for any other motor vehicle registered in the name of the 8 applicant where the commissioner has determined that such registrant's 9 intent has been to evade the purposes of this subdivision and where the 10 commissioner has reasonable grounds to believe that such registration or 11 renewal will have the effect of defeating the purposes of this subdivi- 12 sion. Such denial shall only remain in effect as long as the summonses 13 remain unanswered, or in the case of an administrative tribunal, the 14 registrant fails to comply with the rules and regulations following 15 entry of a final decision. 16 § 6-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 17 and traffic law, as amended by section 8-a of chapter 222 of the laws of 18 2015, is amended to read as follows: 19 a. If at the time of application for a registration or renewal thereof 20 there is a certification from a court or administrative tribunal of 21 appropriate jurisdiction that the registrant or his or her represen- 22 tative failed to appear on the return date or any subsequent adjourned 23 date or failed to comply with the rules and regulations of an adminis- 24 trative tribunal following entry of a final decision in response to a 25 total of three or more summonses or other process in the aggregate, 26 issued within an eighteen month period, charging either that: (i) such 27 motor vehicle was parked, stopped or standing, or that such motor vehi- 28 cle was operated for hire by the registrant or his or her agent without 29 being licensed as a motor vehicle for hire by the appropriate local 30 authority, in violation of any of the provisions of this chapter or of 31 any law, ordinance, rule or regulation made by a local authority; or 32 (ii) the registrant was liable in accordance with section eleven hundred 33 eleven-b of this chapter for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter; or (iii) the registrant was 35 liable in accordance with section eleven hundred eleven-c of this chap- 36 ter for a violation of a bus lane restriction as defined in such 37 section; or (iv) the registrant was liable in accordance with section 38 eleven hundred eleven-d of this chapter for a violation of subdivision 39 (d) of section eleven hundred eleven of this chapter or (v) the regis- 40 trant was liable in accordance with section eleven hundred eighty-b of 41 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of 42 section eleven hundred eighty of this chapter; or (v) the registrant was 43 liable in accordance with section eleven hundred eighty-c of this chap- 44 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section 45 eleven hundred eighty of this chapter; or (vi) the registrant was liable 46 in accordance with section eleven hundred eleven-e of this chapter for a 47 violation of subdivision (d) of section eleven hundred eleven of this 48 chapter, or (vii) the registrant was liable in accordance with article 49 forty-four-C of this chapter, the commissioner or his or her agent shall 50 deny the registration or renewal application until the applicant 51 provides proof from the court or administrative tribunal wherein the 52 charges are pending that an appearance or answer has been made or in the 53 case of an administrative tribunal that he or she has complied with the 54 rules and regulations of said tribunal following entry of a final deci- 55 sion. Where an application is denied pursuant to this section, the 56 commissioner may, in his or her discretion, deny a registration orS. 1528 15 1 renewal application to any other person for the same vehicle and may 2 deny a registration or renewal application for any other motor vehicle 3 registered in the name of the applicant where the commissioner has 4 determined that such registrant's intent has been to evade the purposes 5 of this subdivision and where the commissioner has reasonable grounds to 6 believe that such registration or renewal will have the effect of 7 defeating the purposes of this subdivision. Such denial shall only 8 remain in effect as long as the summonses remain unanswered, or in the 9 case of an administrative tribunal, the registrant fails to comply with 10 the rules and regulations following entry of a final decision. 11 § 6-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 12 and traffic law, as amended by section 8-b of chapter 222 of the laws of 13 2015, is amended to read as follows: 14 a. If at the time of application for a registration or renewal thereof 15 there is a certification from a court or administrative tribunal of 16 appropriate jurisdiction that the registrant or his or her represen- 17 tative failed to appear on the return date or any subsequent adjourned 18 date or failed to comply with the rules and regulations of an adminis- 19 trative tribunal following entry of a final decision in response to 20 three or more summonses or other process, issued within an eighteen 21 month period, charging that: (i) such motor vehicle was parked, stopped 22 or standing, or that such motor vehicle was operated for hire by the 23 registrant or his or her agent without being licensed as a motor vehicle 24 for hire by the appropriate local authority, in violation of any of the 25 provisions of this chapter or of any law, ordinance, rule or regulation 26 made by a local authority; or (ii) the registrant was liable in accord- 27 ance with section eleven hundred eleven-c of this chapter for a 28 violation of a bus lane restriction as defined in such section; or (iii) 29 the registrant was liable in accordance with section eleven hundred 30 eleven-d of this chapter for a violation of subdivision (d) of section 31 eleven hundred eleven of this chapter; or (iv) the registrant was liable 32 in accordance with section eleven hundred eighty-b of this chapter for a 33 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 34 hundred eighty of this chapter, or the registrant was liable in accord- 35 ance with section eleven hundred eighty-c of this chapter for a 36 violation of subdivision (b), (c), (d), (f) or (g) of section eleven 37 hundred eighty of this chapter; or (v) the registrant was liable in 38 accordance with section eleven hundred eleven-e of this chapter for a 39 violation of subdivision (d) of section eleven hundred eleven of this 40 chapter, or (vi) the registrant was liable in accordance with article 41 forty-four-C of this chapter, the commissioner or his or her agent shall 42 deny the registration or renewal application until the applicant 43 provides proof from the court or administrative tribunal wherein the 44 charges are pending that an appearance or answer has been made or in the 45 case of an administrative tribunal that he or she has complied with the 46 rules and regulations of said tribunal following entry of a final deci- 47 sion. Where an application is denied pursuant to this section, the 48 commissioner may, in his or her discretion, deny a registration or 49 renewal application to any other person for the same vehicle and may 50 deny a registration or renewal application for any other motor vehicle 51 registered in the name of the applicant where the commissioner has 52 determined that such registrant's intent has been to evade the purposes 53 of this subdivision and where the commissioner has reasonable grounds to 54 believe that such registration or renewal will have the effect of 55 defeating the purposes of this subdivision. Such denial shall only 56 remain in effect as long as the summonses remain unanswered, or in theS. 1528 16 1 case of an administrative tribunal, the registrant fails to comply with 2 the rules and regulations following entry of a final decision. 3 § 6-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 4 and traffic law, as amended by section 8-c of chapter 222 of the laws of 5 2015, is amended to read as follows: 6 a. If at the time of application for a registration or renewal thereof 7 there is a certification from a court or administrative tribunal of 8 appropriate jurisdiction that the registrant or his or her represen- 9 tative failed to appear on the return date or any subsequent adjourned 10 date or failed to comply with the rules and regulations of an adminis- 11 trative tribunal following entry of a final decision in response to 12 three or more summonses or other process, issued within an eighteen 13 month period, charging that: (i) such motor vehicle was parked, stopped 14 or standing, or that such motor vehicle was operated for hire by the 15 registrant or his or her agent without being licensed as a motor vehicle 16 for hire by the appropriate local authority, in violation of any of the 17 provisions of this chapter or of any law, ordinance, rule or regulation 18 made by a local authority; or (ii) the registrant was liable in accord- 19 ance with section eleven hundred eleven-d of this chapter for a 20 violation of subdivision (d) of section eleven hundred eleven of this 21 chapter; or (iii) the registrant was liable in accordance with section 22 eleven hundred eighty-b of this chapter for violations of subdivision 23 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 24 ter, or the registrant was liable in accordance with section eleven 25 hundred eighty-c of this chapter for violations of subdivision (b), (c), 26 (d), (f) or (g) of section eleven hundred eighty of this chapter; or 27 (iv) the registrant was liable in accordance with section eleven hundred 28 eleven-e of this chapter for a violation of subdivision (d) of section 29 eleven hundred eleven of this chapter, or (v) the registrant was liable 30 in accordance with article forty-four-C of this chapter, the commission- 31 er or his or her agent shall deny the registration or renewal applica- 32 tion until the applicant provides proof from the court or administrative 33 tribunal wherein the charges are pending that an appearance or answer 34 has been made or in the case of an administrative tribunal that he has 35 complied with the rules and regulations of said tribunal following entry 36 of a final decision. Where an application is denied pursuant to this 37 section, the commissioner may, in his or her discretion, deny a regis- 38 tration or renewal application to any other person for the same vehicle 39 and may deny a registration or renewal application for any other motor 40 vehicle registered in the name of the applicant where the commissioner 41 has determined that such registrant's intent has been to evade the 42 purposes of this subdivision and where the commissioner has reasonable 43 grounds to believe that such registration or renewal will have the 44 effect of defeating the purposes of this subdivision. Such denial shall 45 only remain in effect as long as the summonses remain unanswered, or in 46 the case of an administrative tribunal, the registrant fails to comply 47 with the rules and regulations following entry of a final decision. 48 § 6-d. Paragraph a of subdivision 5-a of section 401 of the vehicle 49 and traffic law, as amended by section 8-d of chapter 222 of the laws of 50 2015, is amended to read as follows: 51 a. If at the time of application for a registration or renewal thereof 52 there is a certification from a court or administrative tribunal of 53 appropriate jurisdiction that the registrant or his or her represen- 54 tative failed to appear on the return date or any subsequent adjourned 55 date or failed to comply with the rules and regulations of an adminis- 56 trative tribunal following entry of a final decision in response toS. 1528 17 1 three or more summonses or other process, issued within an eighteen 2 month period, charging that such motor vehicle was parked, stopped or 3 standing, or that such motor vehicle was operated for hire by the regis- 4 trant or his agent without being licensed as a motor vehicle for hire by 5 the appropriate local authority, in violation of any of the provisions 6 of this chapter or of any law, ordinance, rule or regulation made by a 7 local authority, or the registrant was liable in accordance with section 8 eleven hundred eighty-c of this chapter for violations of subdivision 9 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 10 ter, or the registrant was liable in accordance with section eleven 11 hundred eleven-d of this chapter for a violation of subdivision (d) of 12 section eleven hundred eleven of this chapter, or the registrant was 13 liable in accordance with section eleven hundred eleven-e of this chap- 14 ter for a violation of subdivision (d) of section eleven hundred eleven 15 of this chapter, or the registrant was liable in accordance with article 16 forty-four-C of this chapter, the commissioner or his or her agent shall 17 deny the registration or renewal application until the applicant 18 provides proof from the court or administrative tribunal wherein the 19 charges are pending that an appearance or answer has been made or in the 20 case of an administrative tribunal that he or she has complied with the 21 rules and regulations of said tribunal following entry of a final deci- 22 sion. Where an application is denied pursuant to this section, the 23 commissioner may, in his or her discretion, deny a registration or 24 renewal application to any other person for the same vehicle and may 25 deny a registration or renewal application for any other motor vehicle 26 registered in the name of the applicant where the commissioner has 27 determined that such registrant's intent has been to evade the purposes 28 of this subdivision and where the commissioner has reasonable grounds to 29 believe that such registration or renewal will have the effect of 30 defeating the purposes of this subdivision. Such denial shall only 31 remain in effect as long as the summonses remain unanswered, or in the 32 case of an administrative tribunal, the registrant fails to comply with 33 the rules and regulations following entry of a final decision. 34 § 6-e. Paragraph a of subdivision 5-a of section 401 of the vehicle 35 and traffic law, as amended by section 8-e of chapter 222 of the laws of 36 2015, is amended to read as follows: 37 a. If at the time of application for a registration or renewal thereof 38 there is a certification from a court or administrative tribunal of 39 appropriate jurisdiction that the registrant or his or her represen- 40 tative failed to appear on the return date or any subsequent adjourned 41 date or failed to comply with the rules and regulations of an adminis- 42 trative tribunal following entry of a final decision in response to 43 three or more summonses or other process, issued within an eighteen 44 month period, charging that such motor vehicle was parked, stopped or 45 standing, or that such motor vehicle was operated for hire by the regis- 46 trant or his or her agent without being licensed as a motor vehicle for 47 hire by the appropriate local authority, in violation of any of the 48 provisions of this chapter or of any law, ordinance, rule or regulation 49 made by a local authority, or the registrant was liable in accordance 50 with section eleven hundred eleven-d of this chapter for a violation of 51 subdivision (d) of section eleven hundred eleven of this chapter, or the 52 registrant was liable in accordance with section eleven hundred eleven-e 53 of this chapter for a violation of subdivision (d) of section eleven 54 hundred eleven of this chapter, or the registrant is liable in accord- 55 ance with article forty-four-C of this chapter, the commissioner or his 56 or her agent shall deny the registration or renewal application untilS. 1528 18 1 the applicant provides proof from the court or administrative tribunal 2 wherein the charges are pending that an appearance or answer has been 3 made or in the case of an administrative tribunal that he has complied 4 with the rules and regulations of said tribunal following entry of a 5 final decision. Where an application is denied pursuant to this 6 section, the commissioner may, in his or her discretion, deny a regis- 7 tration or renewal application to any other person for the same vehicle 8 and may deny a registration or renewal application for any other motor 9 vehicle registered in the name of the applicant where the commissioner 10 has determined that such registrant's intent has been to evade the 11 purposes of this subdivision and where the commissioner has reasonable 12 grounds to believe that such registration or renewal will have the 13 effect of defeating the purposes of this subdivision. Such denial shall 14 only remain in effect as long as the summonses remain unanswered, or in 15 the case of an administrative tribunal, the registrant fails to comply 16 with the rules and regulations following entry of a final decision. 17 § 6-f. Paragraph a of subdivision 5-a of section 401 of the vehicle 18 and traffic law, as amended by section 8-f of chapter 222 of the laws of 19 2015, is amended to read as follows: 20 a. If at the time of application for a registration or renewal thereof 21 there is a certification from a court or administrative tribunal of 22 appropriate jurisdiction that the registrant or his or her represen- 23 tative failed to appear on the return date or any subsequent adjourned 24 date or failed to comply with the rules and regulations of an adminis- 25 trative tribunal following entry of a final decision in response to 26 three or more summonses or other process, issued within an eighteen 27 month period, charging that such motor vehicle was parked, stopped or 28 standing, or that such motor vehicle was operated for hire by the regis- 29 trant or his or her agent without being licensed as a motor vehicle for 30 hire by the appropriate local authority, in violation of any of the 31 provisions of this chapter or of any law, ordinance, rule or regulation 32 made by a local authority, or the registrant was liable in accordance 33 with section eleven hundred eleven-e of this chapter for a violation of 34 subdivision (d) of section eleven hundred eleven of this chapter, or the 35 registrant is liable in accordance with article forty-four-C of this 36 chapter, the commissioner or his or her agent shall deny the registra- 37 tion or renewal application until the applicant provides proof from the 38 court or administrative tribunal wherein the charges are pending that an 39 appearance or answer has been made or in the case of an administrative 40 tribunal that he has complied with the rules and regulations of said 41 tribunal following entry of a final decision. Where an application is 42 denied pursuant to this section, the commissioner may, in his or her 43 discretion, deny a registration or renewal application to any other 44 person for the same vehicle and may deny a registration or renewal 45 application for any other motor vehicle registered in the name of the 46 applicant where the commissioner has determined that such registrant's 47 intent has been to evade the purposes of this subdivision and where the 48 commissioner has reasonable grounds to believe that such registration or 49 renewal will have the effect of defeating the purposes of this subdivi- 50 sion. Such denial shall only remain in effect as long as the summonses 51 remain unanswered, or in the case of an administrative tribunal, the 52 registrant fails to comply with the rules and regulations following 53 entry of a final decision. 54 § 6-g. Paragraph a of subdivision 5-a of section 401 of the vehicle 55 and traffic law, as separately amended by chapters 339 and 592 of the 56 laws of 1987, is amended to read as follows:S. 1528 19 1 a. If at the time of application for a registration or renewal thereof 2 there is a certification from a court or administrative tribunal of 3 appropriate jurisdiction that the registrant or his representative 4 failed to appear on the return date or any subsequent adjourned date or 5 failed to comply with the rules and regulations of an administrative 6 tribunal following entry of a final decision in response to three or 7 more summonses or other process, issued within an eighteen month period, 8 charging that such motor vehicle was parked, stopped or standing, or 9 that such motor vehicle was operated for hire by the registrant or his 10 agent without being licensed as a motor vehicle for hire by the appro- 11 priate local authority, in violation of any of the provisions of this 12 chapter or of any law, ordinance, rule or regulation made by a local 13 authority, or the registrant is liable in accordance with article 14 forty-four-C of this chapter, the commissioner or his agent shall deny 15 the registration or renewal application until the applicant provides 16 proof from the court or administrative tribunal wherein the charges are 17 pending that an appearance or answer has been made or in the case of an 18 administrative tribunal that he has complied with the rules and regu- 19 lations of said tribunal following entry of a final decision. Where an 20 application is denied pursuant to this section, the commissioner may, in 21 his discretion, deny a registration or renewal application to any other 22 person for the same vehicle and may deny a registration or renewal 23 application for any other motor vehicle registered in the name of the 24 applicant where the commissioner has determined that such registrant's 25 intent has been to evade the purposes of this subdivision and where the 26 commissioner has reasonable grounds to believe that such registration or 27 renewal will have the effect of defeating the purposes of this subdivi- 28 sion. Such denial shall only remain in effect as long as the summonses 29 remain unanswered, or in the case of an administrative tribunal, the 30 registrant fails to comply with the rules and regulations following 31 entry of a final decision. 32 § 7. The opening paragraph of paragraph 1 of subdivision (a) of 33 section 1212-A of the tax law, as amended by chapter 196 of the laws of 34 1995, is amended to read as follows: 35 a tax on receipts from every sale of the service of providing parking, 36 garaging or storing for motor vehicles by persons operating a garage 37 (other than a garage which is part of premises occupied solely as a 38 private one or two family dwelling), parking lot or other place of busi- 39 ness engaged in providing parking, garaging or storing for motor vehi- 40 cles, in any county within such city with a population density in excess 41 of fifty thousand persons per square mile, at the rate of eight per 42 centum, on receipts from every sale of such services[, except receipts43from the sale of such services to an individual resident of such county44when such services are rendered on a monthly or longer-term basis at the45principal location for the parking, garaging or storing of a motor vehi-46cle owned or leased (but only in the case of a lease for a term of one47year or more) by such individual resident]. The population of a county 48 shall be determined by reference to the latest federal census. 49 § 8. Section 182 of the executive law, as amended by chapter 465 of 50 the laws of 2018, is amended to read as follows: 51 § 182. Diversion of funds dedicated to public transportation systems 52 to the general fund of the state or to any other purpose, is prohibited. 53 1. For the purposes of this section, the term "public transportation 54 system" shall mean any public benefit corporation constituting a trans- 55 portation authority which provides or contracts for the provision of, 56 under joint support arrangements, mass transportation services, or aS. 1528 20 1 subsidiary thereof, or any county or city which provides or contracts 2 for the provision of, pursuant to section one hundred nineteen-r of the 3 general municipal law, mass transportation services. 4 2. The director of the budget shall be prohibited from diverting 5 revenues derived from taxes and fees paid by the public into any fund 6 created by law including, but not limited to sections eighty-five, 7 eighty-eight-a, eighty-nine-c and ninety-two-ff of the state finance law 8 and chapter twenty-five of the laws of two thousand nine for the purpose 9 of funding public transportation systems into the general fund of the 10 state or into any other fund maintained for the support of another 11 governmental purpose. No diversion of funds can occur contrary to this 12 section by an administrative act of the director of the budget or any 13 other person in the executive branch. 14 3. If any diversion of funds occurs by passage of legislation during a 15 regular or extraordinary session of the legislature, the director of the 16 budget shall create and include with the budget or legislation diverting 17 funds, a diversion impact statement which shall include the following 18 information: 19 (a) The amount of the diversion from dedicated mass transit funds; 20 (b) The amount diverted from each fund; 21 (c) The amount diverted expressed as current monthly transit fares; 22 (d) The cumulative amount of diversion from dedicated mass transit 23 funds during the preceding five years; 24 (e) The date or dates when the diversion is to occur; and 25 (f) A detailed estimate of the impact of diversion from dedicated mass 26 transit funds will have on the level of public transportation system 27 service, maintenance, security, and the current capital program. 28 § 9. Notwithstanding any other law, rule, regulation to the contrary, 29 the metropolitan transportation authority shall, as a part of its 2015- 30 2019 capital program with funding provided pursuant to paragraph (f) of 31 subdivision 5 of section 85 of the state finance law: 32 (a) increase the number and availability of express bus routes; 33 (b) reduce the cost of all express bus fares by one dollar; 34 (c) set the cost of all Long Island Rail Road and metro-north railroad 35 trips taken wholly within New York with CityTicket to six dollars during 36 peak hours and four dollars during non-peak hours; 37 (d) provide for the availability of CityTicket on weekdays in addition 38 to weekends; 39 (e) provide for the availability of CityTicket for trips taken between 40 stations within New York city and Far Rockaway and all trips taken 41 between and including Fordham and Manhattan; and 42 (f) fund the freedom ticket proposal of the New York City Transit 43 Riders Council contained in such council's December 2015 report entitled 44 "Freedom Ticket: Southeast Queens Proof of Concept" and expand such 45 pilot program to extend throughout New York city and include all Express 46 Bus routes and stations of the metro-north railroad and Long Island Rail 47 Roads located within New York city. 48 For the purposes of this section "CityTicket" shall mean the fare 49 option so denominated and provided by the metropolitan transportation 50 authority. 51 § 10. The public authorities law is amended by adding a new section 52 1265-c to read as follows: 53 § 1265-c. Independent forensic audit. 1. Notwithstanding any other 54 provision of law, the authority shall, within sixty days of the effec- 55 tive date of this section and at its own expense, contract with a certi- 56 fied public accounting firm for the provision of an independent, compre-S. 1528 21 1 hensive, forensic audit of the authority. Such audit shall be performed 2 in accordance with generally accepted government auditing standards. 3 Such audit shall be independent of and in addition to the independent 4 audit of the authority conducted pursuant to section twenty-eight 5 hundred two of this chapter. 6 2. The certified independent public accounting firm providing the 7 authority's independent, comprehensive, forensic audit shall be prohib- 8 ited from providing audit services if the lead (or coordinating) audit 9 partner (having primary responsibility for the audit), or the audit 10 partner responsible for reviewing the audit, has performed audit 11 services for the authority within any of the ten previous fiscal years 12 of the authority. 13 3. The certified independent accounting firm performing the audit 14 pursuant to this section shall be prohibited from performing any non-au- 15 dit services for the authority contemporaneously with the audit. 16 4. It shall be prohibited for the certified independent public 17 accounting firm to perform for the authority any audit service if the 18 chief executive officer, comptroller, chief financial officer, chief 19 accounting officer or any other person serving in an equivalent position 20 in the authority was an employee, consultant or independent contractor 21 of that certified independent public accounting firm and participated in 22 any capacity in the audit of the authority at any time in the past. 23 5. The certified independent public accounting firm contracted to 24 perform the independent comprehensive, forensic audit of the authority 25 shall, on or before January first, two thousand twenty-two, report its 26 findings, conclusions and recommendations to the governor, the state 27 comptroller, the temporary president of the senate, the speaker of the 28 assembly, the chair and ranking minority member of the senate finance 29 committee, the chair and ranking minority member of the assembly ways 30 and means committee, the chairs and ranking minority members of the 31 senate and the assembly corporations, authorities and commissions 32 committees, and the chairs and ranking minority members of the senate 33 and the assembly transportation committees. 34 § 11. This act shall take effect immediately provided, however, that 35 section seven of this act shall take effect on the first of January next 36 succeeding the date on which it shall have become a law; and provided 37 further: 38 (a) the amendments to subparagraph (i) of paragraph a of subdivision 39 5-a of section 401 of the vehicle and traffic law made by section six of 40 this act shall not affect the expiration of such paragraph and shall be 41 deemed to expire therewith, when upon such date the provisions of 42 section six-a of this act shall take effect; 43 (b) the amendments to paragraph a of subdivision 5-a of section 401 of 44 the vehicle and traffic law made by section six-a of this act shall not 45 affect the expiration of such paragraph and shall be deemed to expire 46 therewith, when upon such date the provisions of section six-b of this 47 act shall take effect; 48 (c) the amendments to paragraph a of subdivision 5-a of section 401 of 49 the vehicle and traffic law made by section six-b of this act shall not 50 affect the expiration of such paragraph and shall be deemed to expire 51 therewith, when upon such date the provisions of section six-c of this 52 act shall take effect; 53 (d) the amendments to paragraph a of subdivision 5-a of section 401 of 54 the vehicle and traffic law made by section six-c of this act shall not 55 affect the expiration of such paragraph and shall be deemed to expireS. 1528 22 1 therewith, when upon such date the provisions of section six-d of this 2 act shall take effect; 3 (e) the amendments to paragraph a of subdivision 5-a of section 401 of 4 the vehicle and traffic law made by section six-d of this act shall not 5 affect the expiration of such paragraph and shall be deemed to expire 6 therewith, when upon such date the provisions of section six-e of this 7 act shall take effect; 8 (f) the amendments to paragraph a of subdivision 5-a of section 401 of 9 the vehicle and traffic law made by section six-e of this act shall not 10 affect the expiration of such paragraph and shall be deemed to expire 11 therewith, when upon such date the provisions of section six-f of this 12 act shall take effect; 13 (g) the amendments to paragraph a of subdivision 5-a of section 401 of 14 the vehicle and traffic law made by section six-f of this act shall not 15 affect the expiration of such paragraph and shall be deemed to expire 16 therewith, when upon such date the provisions of section six-g of this 17 act shall take effect; and 18 (h) section ten of this act shall expire and be deemed repealed Janu- 19 ary 2, 2022.
