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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2157
SPONSOR: Ra TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL::
This bill would require the Legislature to approve the initial central
business district toll amounts for the central business district tolling
program before such toll amounts are established acid adopted by the
Triborough bridge and tunnel authority board. This bill would also
require the traffic mobility review board to recommend a privacy risk
plan in relation to the collection, processing, transfer, and disclosure
of personal data.
SUMMARY OF PROVISIONS::
Section one of the bill establishes the intent of the legislation by
requiring the Legislature to approve any rate established for the commu-
ter tax.
Section two amends subdivisions 2 and 3 of section 553-k of the public
authorities law to read that the board shall make a recommendation
regarding the central business district toll amounts no later than April
15 2027: This proposal must then be submitted to the Legislature for
approval, and the Legislature must vote on this recommendation by June
31 2027. The authority shall only be permitted to establish central
business toll district amounts if approved by the Legislature. Addi-
tionally, this section provides for the rules surrounding the management
of revenue and the funding of capital projects. The board shall recom-
mend a privacy risk plan in relation to the collection, processing,
transfer and disclosure of personal data. This plan must be sent to the
Governor, the temporary president of the Senate, the Speaker of the
Assembly, the Minority Leader of the Senate and the Minority Leader of
the Assembly.
Section three establishes the effective date.
JUSTIFICATION::
This bill would ensure a timely recommendation by both the traffic
mobility review board, and the Legislature, so that a central business
district tolling policy can be effectively established with requisite
input.
The central business district tolling program will affect a variety of
New York State citizens, and a prompt establishment of said program will
bring clarity for ratepayers while generating revenue for much-needed
system improvements. Additionally, safeguards against the collection and
dissemination of personal data are always critical in the 21st century;
requiring a privacy risk plan and affirmative consent by individuals
will ensure that protection.
PRIOR LEGISLATIVE HISTORY::
A.3063a (2023-2024) - referred to Corporations, Authorities, and Commis-
sions
A.4797a (2021-2022) - amended and recommitted to Corporations, Authori-
ties and Commissions
A.9807a (2020) - referred to Corporations, Authorities and Commissions
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2157
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. RA, BRABENEC, McDONOUGH -- 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-seven.
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-seven. 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.
LBD01041-01-5
A. 2157 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] 2027 capital
12 program, and any additional revenues above that amount to be available
13 for any successor program. The board shall consider for purposes of its
14 recommendations, 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 to be sent to the governor, the temporary president of the
35 senate, the speaker of the assembly, the minority leader of the senate
36 and the minority leader of the assembly, that provides information
37 regarding the board's review and analysis for purposes of establishing
38 its recommendations, including but not limited to, all of the consider-
39 ations referred to in this subdivision. The board shall not recommend a
40 toll that provides for charging passenger vehicles registered pursuant
41 to subdivision six of section four hundred one of the vehicle and traf-
42 fic law more than once per day.
43 § 3. This act shall take effect immediately.
