Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 14, 2018 |
print number 8052c |
Jun 14, 2018 |
amend and recommit to transportation |
Jun 13, 2018 |
print number 8052b |
Jun 13, 2018 |
amend (t) and recommit to transportation |
Jun 05, 2018 |
print number 8052a |
Jun 05, 2018 |
amend (t) and recommit to transportation |
Mar 22, 2018 |
referred to transportation |
Senate Bill S8052
2017-2018 Legislative Session
Relates to mitigating the closure of the L subway line in the city of New York and establishing a temporary high-occupancy vehicle program on the Williamsburg bridge
download bill text pdfSponsored By
(D) 27th Senate District
Archive: Last Bill Status - In Senate Committee Transportation Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(D) Senate District
2017-S8052 - Details
- Current Committee:
- Senate Transportation
- Law Section:
- Public Authorities Law
- Laws Affected:
- Add §1277-b, Pub Auth L; amd §1115, Tax L; add §16-bb, UDC Act; add Art 4 Title 3-A §§497 - 497-f, RPT L; amd §100, Ec Dev L
2017-S8052 - Summary
Relates to mitigating the closure of the L subway line in the city of New York; directs the MTA in consultation with other relevant entities to develop a plan to mitigate the individual and economic hardships due to the L subway line closure; establishes a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices.
2017-S8052 - Sponsor Memo
BILL NUMBER: S8052 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the public authorities law, the tax law, the New York state urban development corporation act, the real property tax law and the economic development law, in relation to miti- gating the closure of the L subway line in the city of New York PURPOSE: Relates to mitigating the closure of the L subway line in the city of New York. SUMMARY OF SPECIFIC PROVISIONS: The public authorities law is amended by adding a new section 1277-b. Subdivision (a) of section 1115 of the tax law is amended by adding a new paragraph 45. Section 1 of chapter 174 of the laws of 1968, consti- tuting the New York state urban development corporation act, is amended by adding a new section 16-aa. Article 4 of the real property tax law is amended by adding a new title 3-A.
JUSTIFICATION: This bill has been introduced to mitigate the damaging effects of the L-train shut-down during reconstruction. The intent of this legislation is to steady and secure our neighborhoods during the shut-down crisis. It is a crisis. The management of the L line shut down is crucial to the quality of life for local residents and the economic survival of our local businesses. A well run reconstruction will allow our neighborhoods to continue to thrive by providing easy and abundant passage between Williamsburg, the Northside and Manhattan. If the project and the concerns of the residents and businesses are ignored, this shut-down has the potential to completely destabilize our neighborhoods economic vitality. This legislation outlines programs that will mitigate the consequences the construction is likely to have on travel patterns. Our transportation leaders and economic leaders need to go above and beyond the usual way of managing projects by implementing the programs outline in this legislation. We want the shut-down to be a success story for everyone. LEGISLATIVE HISTORY: None. New for 2018. FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: 90th day after it shall have become a law.
2017-S8052 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8052 I N S E N A T E March 22, 2018 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, the tax law, the New York state urban development corporation act, the real property tax law and the economic development law, in relation to mitigating the closure of the L subway line in the city of New York THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public authorities law is amended by adding a new section 1277-b to read as follows: § 1277-B. L SUBWAY LINE CLOSURE MITIGATION PLAN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY SHALL DEVELOP A PLAN TO MITIGATE THE INDIVIDUAL AND ECONOMIC HARDSHIPS EXPERIENCED BY A TEMPORARY CLOSURE OF THE L SUBWAY LINE FOR REPAIRS. SUCH PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING: 1. DISCOUNTED ADVERTISING ON ALL AUTHORITY ADVERTISING MEDIUMS FOR BUSINESSES IN THE DESIGNATED L SUBWAY LINE RECONSTRUCTION AREA; 2. SIGNAGE AT ABOVE GROUND WORK SITES WHICH STATES THAT BUSINESSES ARE OPEN. SUCH SIGNAGE SHALL BE PROVIDED BY THE COMPANY RESPONSIBLE FOR SUCH ABOVE GROUND WORK SITE; 3. GRANTS TO BE AWARDED TO ARTISTS FOR THE CREATION OF WORKS SUITABLE FOR DISPLAY ON A STREET, BUS OR FERRY FOR THE PURPOSE OF DRAWING VISI- TORS TO THE NEIGHBORHOODS IN THE L SUBWAY LINE RECONSTRUCTION AREA; 4. A FREE SHUTTLE BUS SERVICE FOR TRANSIT CUSTOMERS IN THE L SUBWAY LINE RECONSTRUCTION AREA; 5. FARE PARITY BETWEEN FERRY, BUS AND SUBWAY LINES SERVING AS ALTERNA- TIVE ROUTES DURING THE TEMPORARY SHUTDOWN OF THE L SUBWAY LINE; 6. FREE METROCARD TRANSFERS ON FERRY, BUS AND SUBWAY LINES SERVING AS ALTERNATIVE ROUTES DURING THE TEMPORARY SHUTDOWN OF THE L SUBWAY LINE. § 2. Subdivision (a) of section 1115 of the tax law is amended by adding a new paragraph 45 to read as follows: (45) (I) FOOD, BEVERAGES, GOODS OR SERVICES SOLD IN A BUSINESS ZONE AREA FROM APRIL FIRST, TWO THOUSAND NINETEEN UNTIL JULY THIRTY-FIRST, TWO THOUSAND TWENTY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD14751-02-8 S. 8052 2 (II) FOR PURPOSES OF THIS PARAGRAPH, "BUSINESS ZONE AREA" SHALL MEAN THOSE BUSINESSES, IN AN AREA TO BE DETERMINED BY THE COMMISSIONER, LOCATED IN THE CITY OF NEW YORK AND IMPACTED BY THE CLOSURE OF THE L SUBWAY LINE. § 3. Beginning April 1, 2019, the New York city department of trans- portation shall be authorized to install and operate traffic-control signal photo violation-monitoring devices along L subway line high occu- pancy vehicle, bus and bicycle lanes, including but not limited to, along the Williamsburg Bridge, Grand Street and any other location the commissioner of the New York city department of transportation deems necessary. § 4. Section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, is amended by adding a new section 16-bb to read as follows: § 16-BB. L SUBWAY LINE REPAIRS EMERGENCY GRANT PROGRAM. (1) THERE IS HEREBY CREATED AN L SUBWAY LINE REPAIRS EMERGENCY GRANT PROGRAM FOR THE PURPOSE OF PROVIDING FINANCIAL ASSISTANCE TO BUSINESSES LOCATED WITHIN THE L SUBWAY LINE BUSINESS ZONE AREA DURING PERIODS OF REPAIR. (2) FOR THE PURPOSES OF THIS SECTION THE FOLLOWING WORDS OR TERMS SHALL MEAN AS FOLLOWS: (A) "QUALIFIED BUSINESS" SHALL MEAN A BUSINESS OPERATING WITHIN THE BUSINESS ZONE AREA DURING A PERIOD OF AUTHORIZED REPAIRS, AND THE BUSI- NESS HAS A DEMONSTRATED LOSS. (B) "BUSINESS ZONE AREA" SHALL MEAN AN AREA IN WHICH THE CHAIR OF THE CORPORATION DETERMINES THAT REPAIRS ON THE L SUBWAY LINE HAS OCCURRED THAT HAS BEEN CERTIFIED BY THE COMMISSIONER FOR THE METROPOLITAN TRANS- PORTATION AUTHORITY. (C) "PERIOD OF AUTHORIZED REPAIRS" SHALL MEAN THOSE DATES FOR WHICH THE CHAIR OF THE CORPORATION DETERMINES THAT REPAIRS ON THE L SUBWAY LINE HAS OCCURRED FOR THE SPECIFIC PORTION OF THE BUSINESS ZONE AREA. (D) "DEMONSTRATED LOSS" MEANS A TEN PERCENT DECLINE IN TAXABLE INCOME IN THE YEAR IN WHICH THE GRANT IS APPLIED FOR COMPARED TO THE BUSINESS' BASE FISCAL YEAR. (E) "BASE FISCAL YEAR" MEANS THE TAX YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH REPAIRS BEGAN IN THAT PORTION OF THE BUSINESS ZONE AREA IN WHICH THE BUSINESS IS LOCATED. (3) ASSISTANCE, OUT OF MONEYS MADE AVAILABLE FOR THIS PROGRAM, SHALL BE PROVIDED TO QUALIFIED BUSINESSES FOR A PERIOD OF THREE MONTHS FOR THE FOLLOWING PURPOSES: (A) RENTAL PAYMENT ASSISTANCE, WHETHER FOR REAL PROPERTY OR EQUIPMENT AND SERVICES; AND (B) UTILITIES, INCLUDING BUT NOT LIMITED TO ELECTRICITY, PHONE, CABLE, INTERNET, AND WATER. (4) THE CHAIRMAN SHALL ESTABLISH RULES AND REGULATIONS TO ENSURE THAT ALL MONEYS GIVEN PURSUANT TO THIS SECTION ARE USED FOR THE PURPOSES SPECIFIED BY THE APPLICANT. IF IT IS DETERMINED THAT A RECIPIENT OF FUNDS USED THE MONEY IN A MANNER INCONSISTENT WITH THE INFORMATION SET OUT IN HIS OR HER APPLICATION, THE APPLICANT SHALL BE REQUIRED TO REIM- BURSE THE CORPORATION TWICE THE AMOUNT GIVEN TO THE APPLICANT. § 5. Article 4 of the real property tax law is amended by adding a new title 3-A to read as follows: TITLE 3-A TAX ABATEMENT FOR CERTAIN COMMERCIAL PROPERTIES LOCATED WITHIN THE L SUBWAY LINE REPAIR AREA SECTION 497. DEFINITIONS. 497-A. REAL PROPERTY TAX ABATEMENT. S. 8052 3 497-B. ELIGIBILITY REQUIREMENTS. 497-C. APPLICATION FOR CERTIFICATE OF ABATEMENT. 497-D. ENFORCEMENT AND ADMINISTRATION. 497-E. REPORTING REQUIREMENTS; REVOCATION OF ABATEMENTS. 497-F. TAX LIEN; INTEREST AND PENALTY. § 497. DEFINITIONS. WHEN USED IN THIS TITLE, THE FOLLOWING TERMS SHALL MEAN OR INCLUDE: 1. "ABATEMENT BASE." THE LESSER OF: (A) TWO DOLLARS AND FIFTY CENTS OR (B) FIFTY PER CENTUM OF THE TAX LIABILITY PER SQUARE FOOT. 2. "ABATEMENT ZONE." ANY AREA LOCATED WITHIN THE REPAIR AREA OF THE L SUBWAY LINE AS DEFINED BY THE COMMISSIONER OF THE METROPOLITAN TRANSPOR- TATION AUTHORITY, WHICH HAS BEEN LOCATED IN SUCH AREA AND CONTINUALLY BEEN DOING BUSINESS IN SUCH AREA DURING THE TAXABLE YEAR OR YEARS IN WHICH REPAIRS OCCUR. 3. "AGGREGATE FLOOR AREA." THE SUM OF THE GROSS AREAS OF THE SEVERAL FLOORS OF A BUILDING, MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS OR FROM THE CENTER LINES OF WALLS SEPARATING TWO BUILDINGS. 4. "APPLICANT." THE LANDLORD AND THE TENANT. 5. "BENEFIT PERIOD." THE PERIOD COMMENCING WITH THE FIRST DAY OF THE MONTH IMMEDIATELY FOLLOWING THE RENT COMMENCEMENT DATE AND TERMINATING NO LATER THAN TWENTY-FOUR MONTHS THEREAFTER. 6. "BILLABLE ASSESSED VALUE." THE LESSER OF THE TAXABLE TRANSITIONAL OR THE TAXABLE ACTUAL ASSESSED VALUE OF THE ELIGIBLE BUILDING AND THE LAND ON WHICH THE ELIGIBLE BUILDING IS LOCATED FOR THE FISCAL YEAR IN WHICH THE BENEFIT PERIOD COMMENCES. 7. "DEPARTMENT OF FINANCE." THE DEPARTMENT OF FINANCE OF THE CITY OF NEW YORK. 8. "ELIGIBLE BUILDING." A NON-RESIDENTIAL OR MIXED-USE BUILDING LOCATED IN THE ABATEMENT ZONE. SUCH ELIGIBLE BUILDING SHALL NOT INCLUDE ANY BUILDING OWNED BY A GOVERNMENTAL AGENCY. 9. "ELIGIBILITY PERIOD." THE PERIOD COMMENCING APRIL FIRST, TWO THOU- SAND NINETEEN AND TERMINATING JULY THIRTY-FIRST, TWO THOUSAND TWENTY. 10. "ELIGIBLE PREMISES." PREMISES LOCATED IN AN ELIGIBLE BUILDING WHICH ARE OCCUPIED OR USED AS OFFICES (INCLUDING ANCILLARY USES) OR ARE OCCUPIED OR USED AS RETAIL SPACE. 11. "FISCAL YEAR." THE FISCAL YEAR OF ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE. 12. "GOVERNMENTAL AGENCY." THE UNITED STATES OF AMERICA OR ANY AGENCY OR INSTRUMENTALITY THEREOF, THE STATE OF NEW YORK, THE CITY OF NEW YORK, ANY PUBLIC CORPORATION (INCLUDING A BODY CORPORATE AND POLITIC CREATED PURSUANT TO AGREEMENT OR COMPACT BETWEEN THE STATE OF NEW YORK AND ANY OTHER STATE), PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR OTHER POLITICAL SUBDIVISION OF THE STATE. 13. "LANDLORD." ANY PERSON WHO: (A) CONTROLS ALL NON-RESIDENTIAL PORTIONS OF AN ELIGIBLE BUILDING, INCLUDING, WITHOUT LIMITATION, THE RECORD OWNER, THE LESSEE UNDER A GROUND LEASE, ANY MORTGAGEE IN POSSESSION OR ANY RECEIVER, AND (B) WHO GRANTS THE RIGHT TO USE OR OCCUPY ELIGIBLE PREMISES TO ANY TENANT, PROVIDED THAT LANDLORD SHALL NOT INCLUDE ANY LESSEE WHO AT ANY TIME DURING THE LEASE TERM OCCUPIED OR USED OR OCCUPIES OR USES ANY PART OF THE NON-RESIDENTIAL PORTIONS OF SUCH ELIGIBLE BUILDING, OTHER THAN PREMISES OCCUPIED OR USED BY SUCH LESSEE TO PROVIDE RENTAL OR MANAGEMENT SERVICES TO SUCH BUILDING. 14. "LEASE COMMENCEMENT DATE." THE DATE SET FORTH IN THE LEASE ON WHICH THE TERM OF THE LEASE COMMENCES. S. 8052 4 15. "MIXED-USE BUILDING." A BUILDING USED FOR BOTH RESIDENTIAL AND COMMERCIAL PURPOSES, PROVIDED THAT MORE THAN TWENTY-FIVE PER CENTUM OF THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS COMMERCIAL, COMMUNITY FACILITY OR ACCESSORY USE SPACE. 16. "PERSON." AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, ASSOCIATION, AGENCY, TRUST, ESTATE, FOREIGN OR DOMESTIC GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY. 17. "RENT COMMENCEMENT DATE." THE DATE SET FORTH IN THE LEASE ON WHICH THE OBLIGATION TO PAY BASIC FIXED RENT SHALL COMMENCE. 18. "TAX LIABILITY." THE PRODUCT OBTAINED BY MULTIPLYING THE BILLABLE ASSESSED VALUE FOR THE FISCAL YEAR IN WHICH THE BENEFIT PERIOD COMMENCES BY THE TAX RATE APPLICABLE TO THE ELIGIBLE BUILDING FOR SUCH FISCAL YEAR AS SET BY THE LOCAL LEGISLATIVE BODY OF ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE. 19. "TAX LIABILITY PER SQUARE FOOT." THE TAX LIABILITY DIVIDED BY THE TOTAL NUMBER OF SQUARE FEET IN THE ELIGIBLE BUILDING, AS LISTED ON THE RECORDS OF THE DEPARTMENT OF FINANCE. 20. "TENANT." A PERSON (INCLUDING ANY SUCCESSORS IN INTEREST) WHO EXECUTES A LEASE WITH THE LANDLORD FOR THE RIGHT TO OCCUPY OR USE THE ELIGIBLE PREMISES AND WHO OCCUPIES OR USES THE ELIGIBLE PREMISES PURSU- ANT TO SUCH LEASE. TENANT SHALL NOT INCLUDE ANY SUBTENANT. 21. "TENANT'S PERCENTAGE SHARE." THE PERCENTAGE OF THE ELIGIBLE BUILDING'S AGGREGATE FLOOR AREA ALLOCATED TO THE ELIGIBLE PREMISES, WHICH SHALL BE PRESUMED TO BE SUCH PERCENTAGE AS SET FORTH IN THE LEASE FOR THE ELIGIBLE PREMISES; PROVIDED THAT WHERE THE ELIGIBLE PREMISES INCLUDES EXPANSION PREMISES, THE "TENANT'S PERCENTAGE SHARE" SHALL BE CALCULATED ON THE BASIS OF THE PERCENTAGE OF THE ELIGIBLE BUILDING'S AGGREGATE FLOOR AREA ALLOCATED SOLELY TO THE EXPANSION PREMISES. 22. "RENEWAL TENANT." A PERSON WHO HAS AN EXISTING LEASE WITH THE LANDLORD AND RENEGOTIATES OR RENEWS SUCH LEASE WITH THE LANDLORD FOR THE RIGHT TO OCCUPY OR USE THE ELIGIBLE PREMISES. § 497-A. REAL PROPERTY TAX ABATEMENT. 1. WITHIN A CITY HAVING A POPU- LATION OF ONE MILLION OR MORE, ELIGIBLE BUILDINGS CONTAINING ELIGIBLE PREMISES SHALL RECEIVE AN ABATEMENT OF REAL PROPERTY TAXES DURING THE BENEFIT PERIOD. THE ABATEMENT SHALL BE EQUAL TO THE PRODUCT OBTAINED BY: (A) MULTIPLYING THE TENANT'S PERCENTAGE SHARE BY THE NUMBER OF SQUARE FEET IN THE ELIGIBLE BUILDING, AS LISTED ON THE RECORDS OF THE DEPART- MENT OF FINANCE; AND (B) MULTIPLYING THE PRODUCT OBTAINED IN PARAGRAPH (A) BY THE ABATEMENT BASE. 2. IF, AS A RESULT OF APPLICATION TO THE TAX COMMISSION OR A COURT ORDER OR ACTION BY THE DEPARTMENT OF FINANCE, THE BILLABLE ASSESSED VALUE IS REDUCED, THE DEPARTMENT OF FINANCE SHALL RECALCULATE THE ABATE- MENT UTILIZING SUCH REDUCED BILLABLE ASSESSED VALUE. THE AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE ABATEMENT ORIGINALLY GRANTED AND THE ABATE- MENT AS SO RECALCULATED SHALL BE DEDUCTED FROM ANY REFUND OTHERWISE PAYABLE OR REMISSION OTHERWISE DUE AS A RESULT OF SUCH REDUCTION IN BILLABLE ASSESSED VALUE, AND ANY BALANCE OF SUCH AMOUNT REMAINING UNPAID AFTER MAKING ANY SUCH DEDUCTION SHALL BE PAID TO THE DEPARTMENT OF FINANCE WITHIN THIRTY DAYS FROM THE DATE OF MAILING BY THE DEPARTMENT OF FINANCE OF A NOTICE OF THE AMOUNT PAYABLE. SUCH AMOUNT PAYABLE SHALL CONSTITUTE A TAX LIEN ON THE ELIGIBLE BUILDING AS OF THE DATE OF SUCH NOTICE AND, IF NOT PAID WITHIN SUCH THIRTY-DAY PERIOD, PENALTY AND INTEREST AT THE RATE APPLICABLE TO DELINQUENT TAXES ON SUCH ELIGIBLE BUILDING SHALL BE CHARGED AND COLLECTED ON SUCH AMOUNT FROM THE DATE OF SUCH NOTICE TO THE DATE OF PAYMENT. S. 8052 5 3. IN NO EVENT SHALL THE ABATEMENT FOR THE ELIGIBLE PREMISES GRANTED PURSUANT TO THIS TITLE EXCEED THE TAX LIABILITY ALLOCABLE TO THE ELIGI- BLE PREMISES. 4. NOTWITHSTANDING THE PROVISIONS OF ANY LEASE FOR OCCUPANCY OF NON- ELIGIBLE PREMISES IN AN ELIGIBLE BUILDING OR FOR OCCUPANCY OF ELIGIBLE PREMISES FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT TO THIS TITLE, A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE PREMISES FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT TO THIS TITLE SHALL NOT BE ENTITLED TO RECEIVE DIRECTLY OR INDIRECTLY A REDUCTION IN EITHER THE REAL PROPERTY TAXES OR ANY RENT (INCLUDING ADDI- TIONAL RENT) PAYABLE PURSUANT TO SUCH LEASE WHERE SUCH REDUCTION WOULD RESULT FROM AN ABATEMENT OF REAL PROPERTY TAXES GRANTED PURSUANT TO THIS TITLE. A LANDLORD OF AN ELIGIBLE BUILDING SHALL NOT ALLOCATE, CREDIT, ASSIGN OR DISBURSE ANY PORTION OF AN ABATEMENT GRANTED PURSUANT TO THIS TITLE TO A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE PREMISES FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT TO THIS TITLE. A LANDLORD SHALL NOT BE REQUIRED TO REDUCE THE REAL PROPERTY TAXES OR ANY RENT (INCLUDING ADDITIONAL RENT) PAYABLE BY EXPANSION TENANTS, NEW TENANTS AND RENEWAL TENANTS BY AN AMOUNT THAT EXCEEDS THE FULL AMOUNT OF THE ABATEMENT GRANTED PURSUANT TO THIS TITLE, BUT A LAND- LORD SHALL BE REQUIRED TO REDUCE THE REAL PROPERTY TAXES OR ANY RENT (INCLUDING ADDITIONAL RENT) PAYABLE BY EXPANSION TENANTS, NEW TENANTS AND RENEWAL TENANTS BY AN AMOUNT THAT, IN THE AGGREGATE, EQUALS THE FULL AMOUNT OF THE ABATEMENT GRANTED PURSUANT TO THIS TITLE. SUCH REDUCTION SHALL BE ALLOCATED IN ACCORDANCE WITH THE ABATEMENT GRANTED FOR THE ELIGIBLE PREMISES OCCUPIED BY EACH SUCH TENANT. § 497-B. ELIGIBILITY REQUIREMENTS. 1. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE UNLESS THE LANDLORD ENTERS INTO A LEASE FOR ELIGIBLE PREMISES WITH A TENANT OR RENEWAL TENANT AND THE LEASE COMMENCEMENT DATE IS WITHIN THE ELIGIBILITY PERIOD. 2. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF AN APPLI- CANT SHALL FAIL TO MEET ANY OF THE REQUIREMENTS OF THIS TITLE WITHIN SIXTY DAYS OF THE RENT COMMENCEMENT DATE. 3. FOR PURPOSES OF THIS TITLE, THE EXPIRATION DATE OF A LEASE SHALL BE DETERMINED BY THE EXPIRATION DATE SET FORTH IN SUCH LEASE, WITHOUT GIVING EFFECT TO ANY RIGHTS OF THE LANDLORD OR THE TENANT TO TERMINATE SUCH LEASE PRIOR TO THE EXPIRATION DATE SET FORTH IN SUCH LEASE. 4. THE LEASE FOR THE ELIGIBLE PREMISES SHALL CONTAIN THE FOLLOWING PROVISIONS: (A) A STATEMENT OF THE TENANT'S PERCENTAGE SHARE; (B) A STATEMENT INFORMING THE TENANT IN AT LEAST TWELVE-POINT TYPE THAT: (1) AN APPLICATION FOR ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO THIS TITLE WILL BE MADE FOR THE PREMISES; (2) THE RENT, INCLUDING AMOUNTS PAYABLE BY THE TENANT OR RENEWAL TENANT FOR REAL PROPERTY TAXES, WILL ACCURATELY REFLECT ANY ABATEMENT OF REAL PROPERTY TAXES GRANTED PURSUANT TO THIS TITLE FOR THE PREMISES; AND (3) ALL ABATEMENTS GRANTED WITH RESPECT TO A BUILDING PURSUANT TO THIS TITLE WILL BE REVOKED IF, DURING THE BENEFIT PERIOD, REAL ESTATE TAXES OR WATER OR SEWER CHARGES OR OTHER LIENABLE CHARGES ARE UNPAID FOR MORE THAN ONE YEAR, UNLESS SUCH DELINQUENT AMOUNTS ARE PAID AS PROVIDED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED NINETY-SEVEN-E OF THIS TITLE. 5. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF: (A) THE LEASE FOR THE ELIGIBLE PREMISES PROVIDES THAT DURING THE INITIAL LEASE TERM REQUIRED BY SUBDIVISION ONE OF THIS SECTION EITHER THE LANDLORD OR THE TENANT OR RENEWAL TENANT MAY TERMINATE SUCH LEASE S. 8052 6 PRIOR TO THE EXPIRATION DATE OF SUCH REQUIRED INITIAL LEASE TERM; PROVIDED THAT SUCH LEASE MAY PROVIDE THAT EITHER THE LANDLORD OR THE TENANT MAY TERMINATE SUCH LEASE IF: (1) THE OTHER PARTY IS IN DEFAULT OF ANY OF SUCH PARTY'S OBLIGATIONS UNDER THE LEASE, (2) THE ELIGIBLE PREMISES ARE DAMAGED OR DESTROYED BY FIRE OR OTHER CASUALTY, (3) THE ELIGIBLE PREMISES ARE RENDERED UNUSABLE FOR ANY REASON NOT ATTRIBUTABLE TO ANY ACT OR FAILURE TO ACT OF EITHER TENANT OR LANDLORD, OR (4) THE ELIGIBLE PREMISES ARE ACQUIRED BY EMINENT DOMAIN; AND (B) THERE ARE REAL PROPERTY TAXES, WATER OR SEWER CHARGES OR OTHER LIENABLE CHARGES CURRENTLY DUE AND OWING ON THE ELIGIBLE BUILDING WHICH IS THE SUBJECT OF AN APPLICATION FOR ABATEMENT PURSUANT TO THIS TITLE, UNLESS SUCH REAL PROPERTY TAXES OR CHARGES ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. 6. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE UNLESS THE APPLICANT SHALL FILE, TOGETHER WITH THE APPLICATION, AN AFFIDAVIT SETTING FORTH THE FOLLOWING INFORMATION: (A) A STATEMENT THAT WITHIN THE SEVEN YEARS IMMEDIATELY PRECEDING THE DATE OF APPLICATION FOR A CERTIFICATE OF ABATEMENT, NEITHER THE APPLI- CANT NOR ANY PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILD- ING AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, NOR ANY OFFICER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON WAS FINALLY ADJUDICATED BY A COURT OF COMPETENT JURISDICTION TO HAVE VIOLATED SECTION TWO HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY SECTION OF ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW OF ANOTHER JURISDICTION WITH RESPECT TO ANY BUILDING, OR WAS AN OFFICER, DIRECTOR OR GENERAL PARTNER OF A PERSON AT THE TIME SUCH PERSON WAS FINALLY ADJUDICATED TO HAVE VIOLATED ANY SUCH LAW; AND (B) A STATEMENT SETTING FORTH ANY PENDING CHARGES ALLEGING VIOLATION OF SECTION TWO HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY SECTION OF ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW OF ANOTHER JURISDICTION WITH RESPECT TO ANY BUILDING BY THE APPLICANT OR ANY PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, OR ANY OFFI- CER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON, OR ANY PERSON FOR WHOM THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING IS AN OFFICER, DIRECTOR OR GENERAL PARTNER. (C) FOR PURPOSES OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF SECTION FOUR HUNDRED NINETY-SEVEN-E OF THIS TITLE, "SUBSTANTIAL INTEREST" SHALL MEAN OWNERSHIP AND CONTROL OF AN INTEREST OF TEN PER CENTUM OR MORE IN THE ELIGIBLE BUILDING OR IN ANY PERSON OWNING THE ELIGIBLE BUILDING. § 497-C. APPLICATION FOR CERTIFICATE OF ABATEMENT. 1. APPLICATION FOR A CERTIFICATE OF ABATEMENT MAY BE MADE ON OR AFTER APRIL FIRST, TWO THOUSAND NINETEEN AND UNTIL SIXTY DAYS AFTER THE END OF THE ELIGIBILITY PERIOD, AND SHALL BE FILED WITH THE DEPARTMENT OF FINANCE. NO APPLICA- TION MAY BE FILED PRIOR TO THE DATE ON WHICH THE LEASE FOR THE ELIGIBLE PREMISES IS EXECUTED BY THE LANDLORD AND TENANT. 2. NO ABATEMENT PURSUANT TO THIS TITLE SHALL BE GRANTED UNLESS THE APPLICANT FILES AN APPLICATION FOR A CERTIFICATE OF ABATEMENT WITHIN SIXTY DAYS FOLLOWING THE LEASE COMMENCEMENT DATE OR WITHIN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, WHICHEVER IS LATER. 3. IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF FINANCE, THE APPLICATION FOR A CERTIFICATE OF ABATEMENT SHALL INCLUDE AN S. 8052 7 ABSTRACT OF THE LEASE FOR THE ELIGIBLE PREMISES FOR WHICH AN ABATEMENT IS BEING SOUGHT WHICH ABSTRACT IS SIGNED BY THE LANDLORD AND THE TENANT. SUCH ABSTRACT SHALL INCLUDE THE TENANT'S PERCENTAGE SHARE, THE LEASE COMMENCEMENT DATE, THE RENT COMMENCEMENT DATE, THE EXPIRATION DATE FOR SUCH LEASE AND A DESCRIPTION OF THE IMPROVEMENTS TO BE MADE TO THE ELIGIBLE PREMISES AND THE COMMON AREAS OF THE ELIGIBLE BUILDING, INCLUD- ING THE ESTIMATED VALUE OF SUCH IMPROVEMENTS. 4. THE DEPARTMENT OF FINANCE SHALL ISSUE A CERTIFICATE OF ABATEMENT UPON DETERMINING THAT THE APPLICANT HAS SUBMITTED PROOF ACCEPTABLE TO THE DEPARTMENT OF FINANCE THAT THE APPLICANT HAS MET THE REQUIREMENTS SET FORTH IN THIS TITLE. 5. THE BURDEN OF PROOF SHALL BE ON THE APPLICANT TO SHOW BY CLEAR AND CONVINCING EVIDENCE THAT THE REQUIREMENTS FOR GRANTING A CERTIFICATE OF ABATEMENT HAVE BEEN SATISFIED. THE DEPARTMENT OF FINANCE SHALL HAVE THE AUTHORITY TO REQUIRE THAT STATEMENTS IN CONNECTION WITH SUCH APPLICATION BE MADE UNDER OATH. 6. THE DEPARTMENT OF FINANCE MAY PROVIDE BY RULE FOR REASONABLE ADMIN- ISTRATIVE CHARGES OR FEES NECESSARY TO DEFRAY EXPENSES IN ADMINISTERING THE ABATEMENT PROGRAM PROVIDED BY THIS TITLE. § 497-D. ENFORCEMENT AND ADMINISTRATION. THE DEPARTMENT OF FINANCE SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS, POWERS AND DUTIES WHICH HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE FOLLOWING FUNCTIONS, POWERS AND DUTIES: 1. TO RECEIVE AND REVIEW APPLICATIONS FOR CERTIFICATES OF ABATEMENT UNDER THIS TITLE AND ISSUE SUCH CERTIFICATES WHERE AUTHORIZED PURSUANT TO THIS TITLE. 2. TO RECEIVE EVIDENCE OF PREMISES AND BUILDING ELIGIBILITY. 3. TO RECEIVE ALL CERTIFICATES OF CONTINUING ELIGIBILITY REQUIRED BY SECTION FOUR HUNDRED NINETY-SEVEN-E OF THIS TITLE. 4. TO COLLECT ALL REAL PROPERTY TAXES, WITH INTEREST AND PENALTY, DUE AND OWING AS A RESULT OF REDUCTION, TERMINATION OR REVOCATION OF ANY ABATEMENT GRANTED PURSUANT TO THIS TITLE. 5. TO MAKE AND PROMULGATE RULES TO CARRY OUT THE PURPOSES OF THIS TITLE. § 497-E. REPORTING REQUIREMENTS; REVOCATION OF ABATEMENTS. 1. FOR THE DURATION OF THE APPLICANT'S BENEFIT PERIOD, THE APPLICANT SHALL FILE ANNUALLY WITH THE DEPARTMENT OF FINANCE, ON OR BEFORE APRIL FIRST OF EACH YEAR, A CERTIFICATE OF CONTINUING ELIGIBILITY CONFIRMING THAT THE ELIGIBLE PREMISES ARE OCCUPIED BY THE TENANT WHO ORIGINALLY EXECUTED THE LEASE AND THAT THE ELIGIBLE PREMISES ARE BEING USED FOR THE PURPOSES DESCRIBED IN THE APPLICATION. SUCH CERTIFICATE OF CONTINUING ELIGIBILITY SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT OF FINANCE AND SHALL CONTAIN SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT OF FINANCE SHALL REQUIRE. THE DEPARTMENT OF FINANCE SHALL HAVE THE AUTHORITY TO DETERMINE THE ABATEMENTS GRANTED PURSUANT TO THIS TITLE UPON FAILURE OF AN APPLI- CANT TO FILE SUCH CERTIFICATE BY SUCH DATE. THE BURDEN OF PROOF SHALL BE ON THE APPLICANT TO ESTABLISH CONTINUING ELIGIBILITY FOR BENEFITS AND THE DEPARTMENT OF FINANCE SHALL HAVE THE AUTHORITY TO REQUIRE THAT STATEMENTS MADE IN SUCH CERTIFICATE SHALL BE MADE UNDER OATH. 2. THE DEPARTMENT OF FINANCE SHALL REVOKE ANY ABATEMENT GRANTED PURSU- ANT TO THIS TITLE WHEN THE TENANT WHO ORIGINALLY EXECUTED THE LEASE IS NO LONGER OCCUPYING THE ELIGIBLE PREMISES. SUCH REVOCATION SHALL BE RETROACTIVE TO THE DATE THAT SUCH TENANT VACATED THE ELIGIBLE PREMISES AND THE DEPARTMENT OF FINANCE SHALL REQUIRE THE LANDLORD TO PAY, WITH INTEREST, ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH REVOCATION. THE LANDLORD SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN THIRTY DAYS S. 8052 8 FOLLOWING THE DATE ON WHICH SUCH TENANT VACATED THE ELIGIBLE PREMISES AND, FOR FAILURE TO COMPLY WITH THIS NOTIFICATION REQUIREMENT, SHALL BE LIABLE FOR PENALTY CALCULATED FOR THE SAME PERIOD AS INTEREST IS CALCU- LATED PURSUANT TO THE PRECEDING SENTENCE. 3. IF ANY PORTION OF THE PREMISES FOR WHICH AN ABATEMENT HAS BEEN GRANTED PURSUANT TO THIS TITLE CEASES TO BE OCCUPIED OR USED AS ELIGIBLE PREMISES OR IS OCCUPIED BY A SUBTENANT, THE DEPARTMENT OF FINANCE SHALL REDUCE THE ABATEMENT GRANTED PURSUANT TO THIS TITLE BY AN AMOUNT EQUAL TO THE PERCENTAGE OF SUCH ELIGIBLE PREMISES WHICH HAS CEASED TO BE OCCU- PIED OR USED AS ELIGIBLE PREMISES OR IS OCCUPIED BY A SUBTENANT. SUCH REDUCTION SHALL BE RETROACTIVE TO THE DATE THAT SUCH PREMISES CEASED TO BE OCCUPIED OR USED AS ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT, AND THE DEPARTMENT OF FINANCE SHALL REQUIRE THE LANDLORD TO PAY, WITH INTEREST, ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH REDUCTION. THE LANDLORD SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN THIRTY DAYS FOLLOWING THE DATE ON WHICH THE PREMISES CEASED TO BE OCCUPIED OR USED AS ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT AND, FOR FAILURE TO COMPLY WITH THIS NOTIFICATION REQUIREMENT, SHALL BE LIABLE FOR PENALTY CALCULATED FOR THE SAME PERIOD AS INTEREST IS CALCULATED PURSUANT TO THIS SUBDIVISION. 4. IF, DURING THE BENEFIT PERIOD, ANY REAL PROPERTY TAX OR WATER OR SEWER CHARGE OR OTHER LIENABLE CHARGE DUE AND PAYABLE WITH RESPECT TO AN ELIGIBLE BUILDING SHALL REMAIN UNPAID FOR AT LEAST ONE YEAR FOLLOWING THE DATE UPON WHICH SUCH TAX OR CHARGE BECAME DUE AND PAYABLE, ALL ABATEMENTS GRANTED PURSUANT TO THIS TITLE WITH RESPECT TO SUCH BUILDING SHALL BE REVOKED, UNLESS WITHIN THIRTY DAYS FROM THE MAILING OF A NOTICE OF REVOCATION BY THE DEPARTMENT OF FINANCE SATISFACTORY PROOF IS PRESENTED TO THE DEPARTMENT OF FINANCE THAT ANY AND ALL DELINQUENT TAXES AND CHARGES OWING WITH RESPECT TO SUCH BUILDING AS OF THE DATE OF SUCH NOTICE HAVE BEEN PAID IN FULL OR ARE CURRENTLY BEING PAID IN TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF FINANCE OR OTHER APPROPRIATE AGENCY. ANY REVOCATION PURSUANT TO THIS SUBDIVISION SHALL BE EFFECTIVE WITH RESPECT TO REAL PROPERTY TAXES WHICH BECOME DUE AND PAYABLE FOLLOWING THE DATE OF SUCH REVOCATION. 5. THE DEPARTMENT OF FINANCE MAY DENY, REDUCE, SUSPEND, TERMINATE OR REVOKE ANY ABATEMENT GRANTED PURSUANT TO THIS TITLE WHENEVER: (A) THE LANDLORD OR THE TENANT RECEIVING ABATEMENT PURSUANT TO THIS TITLE FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE OR THE RULES PROMULGATED HEREUNDER; OR (B) AN APPLICATION, CERTIFICATE, REPORT OR OTHER DOCUMENT SUBMITTED BY THE APPLICANT CONTAINS A FALSE OR MISLEADING STATEMENT AS TO A MATERIAL FACT OR OMITS TO STATE ANY MATERIAL FACT NECESSARY IN ORDER TO MAKE THE STATEMENT THEREIN NOT FALSE OR MISLEADING, AND MAY DECLARE ANY APPLICANT WHO MAKES SUCH FALSE OR MISLEADING STATEMENT OR OMISSION TO BE INELIGI- BLE FOR FUTURE ABATEMENT PURSUANT TO THIS TITLE FOR THE SAME OR OTHER PROPERTY. IN ADDITION, THE DEPARTMENT OF FINANCE SHALL REQUIRE THE APPLICANT TO PAY, WITH PENALTY AND INTEREST, ANY ABATEMENT RECEIVED PURSUANT TO THIS TITLE AS A RESULT OF SUCH FALSE OR MISLEADING STATEMENT OR OMISSION OF A MATERIAL FACT. 6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE DEPARTMENT OF FINANCE SHALL DENY, TERMINATE OR REVOKE ANY ABATEMENT APPLIED FOR OR GRANTED PURSUANT TO THIS TITLE UPON A DETERMINATION THAT THE LEASE BETWEEN THE LANDLORD AND THE TENANT WAS ENTERED INTO PRIMARILY FOR THE PURPOSE OF RECEIVING AN ABATEMENT UNDER THIS TITLE. IN MAKING SUCH DETERMINATION, THE DEPARTMENT OF FINANCE MAY CONSIDER, AMONG OTHER FACTORS, THE RELATIONSHIP, IF ANY, BETWEEN THE LANDLORD AND THE TENANT S. 8052 9 AND WHETHER THE BUSINESS TERMS OF SUCH LEASE ARE CONSISTENT WITH THE BUSINESS TERMS GENERALLY FOUND IN LEASES FOR COMPARABLE SPACE. 7. (A) IF ANY PERSON DESCRIBED IN THE STATEMENT REQUIRED BY PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-SEVEN-B OF THIS TITLE IS FINALLY ADJUDICATED BY A COURT OF COMPETENT JURISDICTION TO BE GUILTY OF ANY CHARGE LISTED IN SUCH STATEMENT, THE DEPARTMENT OF FINANCE SHALL REVOKE THE ABATEMENT GRANTED PURSUANT TO THIS TITLE AND SHALL REQUIRE THE PAYMENT, WITH INTEREST, OF ANY ABATEMENT RECEIVED PURSUANT TO THIS TITLE. (B) THE APPLICANT SHALL, ON THE CERTIFICATE OF CONTINUING ELIGIBILITY, STATE WHETHER ANY CHARGES ALLEGING VIOLATION BY THE APPLICANT OR ANY PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING, OR ANY OFFICER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING, OR ANY PERSON FOR WHOM THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING IS AN OFFICER, DIRECTOR OR GENERAL PARTNER, OF SECTION TWO HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY SECTION OF ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW OF ANOTHER JURISDICTION, ARE PENDING. FOR PURPOSES OF THIS PARAGRAPH, "SUBSTANTIAL INTEREST" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (C) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-SEVEN-B OF THIS TITLE. § 497-F. TAX LIEN; INTEREST AND PENALTY. ALL TAXES, WITH INTEREST, REQUIRED TO BE PAID RETROACTIVELY PURSUANT TO THIS TITLE SHALL CONSTI- TUTE A TAX LIEN AS OF THE DATE IT IS DETERMINED SUCH TAXES AND INTEREST ARE OWED. ALL INTEREST SHALL BE CALCULATED FROM THE DATE THE TAXES WOULD HAVE BEEN DUE BUT FOR THE ABATEMENT GRANTED PURSUANT TO THIS TITLE AT THE APPLICABLE RATE OR RATES OF INTEREST IMPOSED BY SUCH CITY GENERALLY FOR NON-PAYMENT OF REAL PROPERTY TAX WITH RESPECT TO THE ELIGIBLE BUILD- ING FOR THE PERIOD IN QUESTION. WHEN A PROVISION OF THIS TITLE REQUIRES THE PAYMENT OF A PENALTY IN ADDITION TO INTEREST, THE AMOUNT OF SUCH PENALTY SHALL BE EQUAL TO THE AMOUNT OF INTEREST THAT WOULD HAVE BEEN PAYABLE PURSUANT TO SUCH PROVISION HAD SUCH INTEREST BEEN CALCULATED AT THE RATE OF THREE PERCENT PER ANNUM. § 6. Section 100 of the economic development law is amended by adding a new subdivision 48 to read as follows: 48. TO, IN CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, IDENTIFY STATE OWNED PROPERTY IN MANHATTAN WHICH MAY BE USED AS TEMPORARY SHOWROOMS FOR BUSINESSES AFFECTED BY THE TEMPORARY CLOSURE OF THE L SUBWAY LINE FOR REPAIRS, WHO HAVE CLIENTS WHO ARE UNABLE TO TRAVEL TO NORTH BROOKLYN BECAUSE OF SUCH TEMPORARY CLOSURE. § 7. This act shall take effect immediately.
co-Sponsors
(D) Senate District
2017-S8052A - Details
- Current Committee:
- Senate Transportation
- Law Section:
- Public Authorities Law
- Laws Affected:
- Add §1277-b, Pub Auth L; amd §1115, Tax L; add §16-bb, UDC Act; add Art 4 Title 3-A §§497 - 497-f, RPT L; amd §100, Ec Dev L
2017-S8052A - Summary
Relates to mitigating the closure of the L subway line in the city of New York; directs the MTA in consultation with other relevant entities to develop a plan to mitigate the individual and economic hardships due to the L subway line closure; establishes a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices.
2017-S8052A - Sponsor Memo
BILL NUMBER: S8052A SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the public authorities law and the vehicle and traffics law, in relation to mitigating the closure of the L subway line in the city of New York; and providing for the repeal of such provisions upon expiration thereof PURPOSE OR GENERAL IDEA OF BILL: Relates to mitigating the closure of the L subway line in the city of New York. SUMMARY OF PROVISIONS: Section 1 is a statement of legislative intent. Sections 2 and 3 amend the public authorities law by adding a new section § 1279-e requiring creation of an L subway line closure miti-
gation plan, and make a conforming change to the vehicle traffic law. Section 4 is the effective date. JUSTIFICATION: This bill has been introduced to mitigate the damaging effects of the L-train shut-down during reconstruction. The intent of this legislation is to steady and secure our neighborhoods during the shut-down crisis. It is a crisis. The management of the L line shut down is crucial to the quality of life for local residents and the economic survival of our local businesses. A well run reconstruction will allow our neighborhoods to continue to thrive by providing easy and abundant passage between Williamsburg, the Northside and Manhattan. If the project and the concerns of the residents and businesses are ignored, this shut-down has the potential to completely destabilize our neighborhoods economic vitality. This legislation outlines programs that will mitigate the consequences the construction is likely to have on travel patterns. Our transportation leaders and economic leaders need to go above and beyond the usual way of managing projects by implementing the programs outline in this legislation. We want the shut-down to be a success story for everyone. PRIOR LEGISLATIVE HISTORY: None. New for 2018. FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: Immediate.
2017-S8052A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8052--A I N S E N A T E March 22, 2018 ___________ Introduced by Sens. KAVANAGH, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law and the vehicle and traffics law, in relation to mitigating the closure of the L subway line in the city of New York; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The L subway line is of vital impor- tance to commuters, the local community, and businesses within the service area of the line. Hundreds of thousands of New Yorkers ride the line on a daily basis, and such ridership volume is essential to the economic vitality of nearby businesses. Officials from the metropolitan transportation authority (MTA) have indicated that portions of the L subway line will be temporarily closed for repair work beginning in April of 2019. The closure is anticipated to last fifteen months and affect all L subway line stations west of, and including, the Bedford Avenue and 1st Avenue Station. The temporary closure of the L subway line will cause individual and economic hardships for those who rely on the line for transportation and economic opportunities. Currently, there is no statutory requirement that would mandate the MTA to develop a plan to address the impacts of such a closure, allow for public feed- back, and provide the plan to the community. It is the intent of the legislature that there be a legal requirement for the MTA to consider and address all of the impacts of such a significant closure and provide a plan to the public in a timely manner. Such plan shall require the MTA to address timelines involved with the proposed closure, transportation alternatives to accommodate diverted riders, transportation facility improvements and expansion, the authority to utilize bus lane cameras to facilitate alternative forms of transportation, and provide for public input throughout the planning process and the L subway line closure. Public notice and involvement throughout the process is essential so EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD14751-04-8 S. 8052--A 2 that everyday riders are able to adjust their commuting habits and busi- nesses are able to adapt to such a change as a result of the closure. The legislature hereby finds and declares that the L subway line closure and its impacts are a significant concern. The legislature further finds and declares that the MTA shall be required to have a plan, prior to the L subway line closure, that would mitigate the effects of, and accommo- date those affected by, the closure. Finally, the legislature finds and declares that such plan shall provide for public input and be provided to the community. § 2. The public authorities law is amended by adding a new section 1279-e to read as follows: § 1279-E. L SUBWAY LINE CLOSURE MITIGATION PLAN. 1. THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, THE PERMANENT CITIZENS ADVISORY COMMITTEE TO THE AUTHORITY AND ANY OTHER ENTITY THE AUTHORITY DEEMS RELEVANT, SHALL DEVELOP A PLAN TO MITIGATE THE INDIVIDUAL AND ECONOMIC HARDSHIPS DUE TO THE L SUBWAY LINE CLOSURE. SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (A) AN ANTICIPATED TIMELINE FOR THE L SUBWAY LINE CLOSURE, INCLUDING THE ANTICIPATED START TIME AND DATE FOR THE CLOSURE AND THE ANTICIPATED END TIME AND DATE FOR THE CLOSURE; (B) AN ANALYSIS OF THE ANTICIPATED INCREASE IN RIDERSHIP ON ALTERNA- TIVE ROUTES, INCLUDING BUT NOT LIMITED TO, ALTERNATIVE BUS ROUTES, ALTERNATIVE SUBWAY ROUTES AND ALL OTHER FORMS OF ALTERNATIVE TRANSPORTA- TION UTILIZED TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (C) IDENTIFICATION OF THE SPECIFIC CORRIDORS AND RELATED TRANSPORTA- TION MODES THAT WILL BE IMPACTED AND DISRUPTED BY THE L SUBWAY LINE CLOSURE; (D) IDENTIFICATION OF THE SPECIFIC IMPACTS AND DISRUPTIONS CAUSED BY THE L SUBWAY LINE CLOSURE AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED TRANSPORTATION MODES TO ACCOMMODATE DIVERTED L-RIDERS; (E) IDENTIFICATION OF SPECIFIC MITIGATION MEASURES TO LESSEN THE IDEN- TIFIED AND ANTICIPATED IMPACTS AND DISRUPTIONS AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED TRANSPORTATION MODES; (F) IDENTIFICATION OF SURFACE AND SUBWAY TRANSPORTATION IMPROVEMENTS AND RESTRICTIONS TO PREPARE FOR THE DISRUPTION AND IMPACTS OF THE L SUBWAY LINE CLOSURE; (G) A DETERMINATION OF THE TIMING AND SCOPE OF EACH INDIVIDUAL IMPROVEMENT AND RESTRICTION TO SURFACE AND SUBWAY TRANSPORTATION; (H) COMMENCEMENT, ADVERTISEMENT AND PUBLICATION OF PUBLIC HEARINGS BEFORE, DURING AND AFTER THE CLOSURE OF THE L SUBWAY LINE; (I) AN EXTENSIVE COMMUNITY OUTREACH PROCESS BEFORE, DURING AND AFTER THE L SUBWAY LINE CLOSURE; (J) ADDITIONAL STATION TURNSTILE, STAIR AND CONTROL AREA CAPACITY AND SERVICE AT THE NUMEROUS STATIONS ON THE ALTERNATIVE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (K) ADDITIONAL L-ALTERNATIVE SUBWAY LINE SERVICE AND CAPACITY ON WEEK- ENDS AND OVERNIGHTS; (L) SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA; (M) FREE TRANSFERS FOR FERRY, BUS AND SUBWAY LINES TO ACCOMMODATE DIVERTED PASSENGERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (N) INCREASED FERRY CAPACITY AND SERVICE CONNECTING BROOKLYN AND MANHATTAN TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; S. 8052--A 3 (O) INCREASED BUS SERVICE AND CAPACITY TO ACCOMMODATE DIVERTED L-RID- ERS AS A RESULT OF THE L SUBWAY LINE CLOSURE WITHIN THE L SUBWAY LINE CLOSURE AREA; (P) INCREASED SUBWAY SERVICE AND CAPACITY ON L ALTERNATIVE ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (Q) IDENTIFICATION OF SUBWAY STATION IMPROVEMENTS AT L-ALTERNATIVE ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (R) FARE PARITY BETWEEN FERRY, BUS AND SUBWAY LINES FOR DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (S) CONTRACT INCENTIVES AND PENALTIES FOR THE CONTRACTORS TO ENCOURAGE THE COMPLETION OF THE L SUBWAY LINE CLOSURE PROJECT WITHIN FIFTEEN MONTHS; (T) THE IMPLEMENTATION OF BUS LANES IN ORDER TO MOVE BUSES QUICKLY AND NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (U) THE IMPLEMENTATION OF HIGH OCCUPANCY VEHICLE(HOV) LANE RESTRICTIONS IN ORDER TO MOVE HIGH OCCUPANCY VEHICLES QUICKLY AND NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (V) THE IDENTIFICATION OF APPROPRIATE PLACEMENT OF HOV LANES THROUGH- OUT THE IMPACTED AREA TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (W) DETERMINATION AND EVALUATION ENFORCEMENT MEASURES OF HOV LANES; (X) THE PERIODIC REVIEW OF THE EFFECTIVENESS OF HOV LANES; (Y) ANALYSIS OF THE IMPACT OF THE WILLIAMSBURG BRIDGE RESTRICTIONS ON THE OTHER EAST RIVER CROSSINGS; (Z) MITIGATION OF AN OUTSIZED SHIFT OF DIVERTED L-RIDERS TO FOR-HIRE VEHICLES THAT COULD LEAD TO MASSIVE CONGESTION AT EAST RIVER CROSSINGS; (AA) DEVELOPMENT OF ROBUST PLANS FOR BICYCLE USE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (BB) EXPANDED ACCESS TO PEDESTRIANS, BUS RIDERS AND CYCLISTS ALONG L-ALTERNATIVE ROUTE TRANSPORTATION CORRIDORS TO ENSURE QUICK AND EFFI- CIENT MOVEMENT FOR DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (CC) RUSH HOUR RESTRICTIONS TO ASSIST BUSES IN TRAVELING ALONG L-AL- TERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (DD) BUS LANES TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNATIVE TRANS- PORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (EE) SELECT BUS SERVICE TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNA- TIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (FF) UPGRADING OF SELECT BUS SERVICE TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (GG) TEMPORARY BUS BULBS TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (HH) OFFSET BUS LINES TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; S. 8052--A 4 (II) SIDEWALK EXPANSION ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (JJ) NEW PEDESTRIAN SPACE ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (KK) AN ANALYSIS AND DETERMINATION OF THE IMPACT ON DAILY CYCLING VOLUME ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (LL) TWO-WAY PROTECTED CROSSTOWN BIKE LANE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (MM) PEDESTRIANIZED STREET FEATURES ALONG THE L-ALTERNATIVE TRANSPOR- TATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (NN) NEW BIKE PARKING HUBS ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (OO) NEW FERRY ROUTES ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (PP) INCREASED SERVICES AND CAPACITY FOR COMMUNITY BICYCLE-SHARING PROGRAMS TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (QQ) IDENTIFICATION AND IMPLEMENTATION OF THE PLACEMENT OF ADDITIONAL CROSSWALKS ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (RR) ADDITIONAL BICYCLE PARKING ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; AND (SS) THE PERIODIC BRIEFING OF ELECTED OFFICIALS ON THE STATUS OF THE SUBWAY LINE CLOSURE BEFORE, DURING AND AFTER THE CLOSURE. 2. IN DEVELOPING THE PLAN REFERENCED IN SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL CONSIDER BUT NOT BE LIMITED TO THE FOLLOW- ING ACTIONS AND MEASURES FOR INCLUSION IN SAID PLAN: (A) DISCOUNTED ADVERTISING ON ALL AUTHORITY ADVERTISING MEDIUMS WITHIN THE L SUBWAY LINE CLOSURE AREA; (B) SIGNAGE WITHIN THE L SUBWAY LINE CLOSURE AREA IN THE VICINITY OF ABOVE-GROUND WORK SITES WHICH STATE THAT NEARBY BUSINESSES ARE OPEN; (C) THE COMMISSIONING OF PUBLIC ART TO BE INSTALLED WITHIN THE L SUBWAY LINE CLOSURE AREA FOR THE PURPOSE OF DRAWING VISITORS TO NEIGH- BORHOODS IN THE L SUBWAY LINE CLOSURE AREA; (D) A FREE OR REDUCED FARE SHUTTLE BUS SERVICE FOR DIVERTED PASSENGERS IN THE L SUBWAY LINE CLOSURE AREA; (E) METHODS TO ENCOURAGE THE PATRONAGE OF BUSINESSES WITHIN THE L SUBWAY LINE CLOSURE AREA; (F) IN CONSULTATION WITH THE URBAN DEVELOPMENT CORPORATION, PROVIDING FINANCIAL ASSISTANCE TO BUSINESSES WITHIN THE L SUBWAY LINE CLOSURE AREA, INCLUDING GRANTS AND RENTAL AND UTILITY ASSISTANCE; AND (G) IN CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPO- RATION, IDENTIFYING STATE OWNED PROPERTY IN MANHATTAN WHICH MAY BE USED AS TEMPORARY SHOWROOMS FOR BUSINESSES WITHIN THE L SUBWAY LINE PROJECT AREA. 3. FOR PURPOSES OF THIS SECTION "L SUBWAY LINE CLOSURE AREA" SHALL MEAN AN AREA APPROVED BY THE BOARD OF THE AUTHORITY THAT IS ADJACENT TO OR AFFECTED BY THE TEMPORARY CLOSURE OF PORTIONS OF THE L SUBWAY LINE FOR REPAIRS. S. 8052--A 5 4. THE L SUBWAY LINE CLOSURE MITIGATION PLAN REQUIRED PURSUANT TO THIS SECTION SHALL, NO LATER THAN SIXTY DAYS BEFORE THE COMMENCEMENT OF THE L SUBWAY LINE CLOSURE, BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESI- DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, BE POSTED ON THE AUTHORITY'S WEBSITE AND ALSO BE MADE READILY AVAILABLE TO THE PUBLIC. 5. THE AUTHORITY SHALL NOT CHARGE A FARE OR FEE FOR ANY SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA. § 3. Paragraph 5 of subdivision (c) of section 1111-c of the vehicle and traffic law, as amended by section 6 of part NNN of chapter 59 of the laws of 2018, is amended to read as follows: 5. "bus rapid transit program" shall mean up to ten routes designated by the New York city department of transportation in consultation with the applicable mass transit agency, A ROUTE DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ON GRAND STREET, DELANCEY STREET AND THE WILLIAMSBURG BRIDGE FROM THE GRAND STREET STATION TO THE DELANCEY STREET STATION, AND A ROUTE DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ON FOURTEENTH STREET BETWEEN THIRD AND NINTH AVENUES EASTBOUND AND THIRD AND EIGHTH AVENUES WESTBOUND, in addition to the Bus Rapid Transit Phase I plan routes, that operate on designated bus lanes and that may include upgraded signage, enhanced road markings, minimum bus stop spacing, off-board fare payment, traffic signal priority for buses, and any other enhancement that increases bus speed or reliabil- ity. § 4. This act shall take effect immediately and shall expire and be deemed repealed September 1, 2020; provided, however, that the amend- ments to paragraph 5 of subdivision (c) of section 1111-c of the vehicle and traffic law, made by section three of this act, shall not affect the repeal of such section and shall be deemed repealed therewith.
co-Sponsors
(D) Senate District
2017-S8052B - Details
- Current Committee:
- Senate Transportation
- Law Section:
- Public Authorities Law
- Laws Affected:
- Add §1277-b, Pub Auth L; amd §1115, Tax L; add §16-bb, UDC Act; add Art 4 Title 3-A §§497 - 497-f, RPT L; amd §100, Ec Dev L
2017-S8052B - Summary
Relates to mitigating the closure of the L subway line in the city of New York; directs the MTA in consultation with other relevant entities to develop a plan to mitigate the individual and economic hardships due to the L subway line closure; establishes a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices.
2017-S8052B - Sponsor Memo
BILL NUMBER: S8052B SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the public authorities law and the vehicle and traffic law, in relation to mitigating the closure of the L subway line in the city of New York; and to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establishing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of such provisions upon expiration thereof PURPOSE OR GENERAL IDEA OF BILL: Relates to mitigating the closure of the L subway line in the city of New York. SUMMARY OF SPECIFIC PROVISIONS: The public authorities law is amended by adding a new section 1279-e. The vehicle and traffic law is amended by amending paragraph 5 of subdi- vision (c) of section 1111-c, Article 2-B, sections 401(5-a), 1809 and
1809-e and adds a new section 1110-a. The public officers law is amended by adding a new paragraph (p) to subdivision 2 of section 87. The uncon- solidated law is amended by adding new sections. JUSTIFICATION: This bill has been introduced to mitigate the damaging effects of the L-train shut-down during reconstruction. The intent of this legislation is to steady and secure our neighborhoods during the shutdown crisis. It is a crisis. The management of the L line shut down is crucial to the quality of life for local residents and the economic survival of our local businesses. A well run reconstruction will allow our neighborhoods to continue to thrive by providing easy and abundant passage between Williamsburg, the Northside and Manhattan. If the project and the concerns of the residents and businesses are ignored, this shut-down has the potential to completely destabilize our neighborhoods economic vitality. This legislation outlines programs that will mitigate the consequences the construction is likely to have on travel patterns. Our transportation leaders and economic leaders need to go above and beyond the usual way of managing projects by implementing the programs outline in this legislation. We want the shut-down to be a success story for everyone. PRIOR LEGISLATIVE HISTORY: None. New for 2018. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: Immediate; sections one through three would expire and be deemed repealed September 1, 2020, sections four through seventeen and nineteen would take effect April 1, 2019, and sections four through nineteen would expire and be deemed repealed July 1, 2010 unless the Metropolitan Transportation Authority completes repairs on the Canarsie Tunnel prior to such date, whereupon such sections would expire and be deemed repealed on such prior date.
2017-S8052B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8052--B I N S E N A T E March 22, 2018 ___________ Introduced by Sens. KAVANAGH, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law and the vehicle and traffic law, in relation to mitigating the closure of the L subway line in the city of New York; and to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establish- ing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The L subway line is of vital impor- tance to commuters, the local community, and businesses within the service area of the line. Hundreds of thousands of New Yorkers ride the line on a daily basis, and such ridership volume is essential to the economic vitality of nearby businesses. Officials from the metropolitan transportation authority (MTA) have indicated that portions of the L subway line will be temporarily closed for repair work beginning in April of 2019. The closure is anticipated to last fifteen months and affect all L subway line stations west of, and including, the Bedford Avenue and 1st Avenue Station. The temporary closure of the L subway line will cause individual and economic hardships for those who rely on the line for transportation and economic opportunities. Currently, there is no statutory requirement that would mandate the MTA to develop a plan to address the impacts of such a closure, allow for public feed- back, and provide the plan to the community. It is the intent of the legislature that there be a legal requirement for the MTA to consider and address all of the impacts of such a significant closure and provide a plan to the public in a timely manner. Such plan shall require the MTA to address timelines involved with the proposed closure, transportation alternatives to accommodate diverted riders, transportation facility EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD14751-06-8 S. 8052--B 2 improvements and expansion, the authority to utilize bus lane cameras to facilitate alternative forms of transportation, and provide for public input throughout the planning process and the L subway line closure. Public notice and involvement throughout the process is essential so that everyday riders are able to adjust their commuting habits and busi- nesses are able to adapt to such a change as a result of the closure. The legislature hereby finds and declares that the L subway line closure and its impacts are a significant concern. The legislature further finds and declares that the MTA shall be required to have a plan, prior to the L subway line closure, that would mitigate the effects of, and accommo- date those affected by, the closure. Finally, the legislature finds and declares that such plan shall provide for public input and be provided to the community. § 2. The public authorities law is amended by adding a new section 1279-e to read as follows: § 1279-E. L SUBWAY LINE CLOSURE MITIGATION PLAN. 1. THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, THE PERMANENT CITIZENS ADVISORY COMMITTEE TO THE AUTHORITY AND ANY OTHER ENTITY THE AUTHORITY DEEMS RELEVANT, SHALL DEVELOP A PLAN TO MITIGATE THE INDIVIDUAL AND ECONOMIC HARDSHIPS DUE TO THE L SUBWAY LINE CLOSURE. SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (A) AN ANTICIPATED TIMELINE FOR THE L SUBWAY LINE CLOSURE, INCLUDING THE ANTICIPATED START TIME AND DATE FOR THE CLOSURE AND THE ANTICIPATED END TIME AND DATE FOR THE CLOSURE; (B) AN ANALYSIS OF THE ANTICIPATED INCREASE IN RIDERSHIP ON ALTERNA- TIVE ROUTES, INCLUDING BUT NOT LIMITED TO, ALTERNATIVE BUS ROUTES, ALTERNATIVE SUBWAY ROUTES AND ALL OTHER FORMS OF ALTERNATIVE TRANSPORTA- TION UTILIZED TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (C) IDENTIFICATION OF THE SPECIFIC CORRIDORS AND RELATED TRANSPORTA- TION MODES THAT WILL BE IMPACTED AND DISRUPTED BY THE L SUBWAY LINE CLOSURE; (D) IDENTIFICATION OF THE SPECIFIC IMPACTS AND DISRUPTIONS CAUSED BY THE L SUBWAY LINE CLOSURE AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED TRANSPORTATION MODES TO ACCOMMODATE DIVERTED L-RIDERS; (E) IDENTIFICATION OF SPECIFIC MITIGATION MEASURES TO LESSEN THE IDEN- TIFIED AND ANTICIPATED IMPACTS AND DISRUPTIONS AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED TRANSPORTATION MODES; (F) IDENTIFICATION OF SURFACE AND SUBWAY TRANSPORTATION IMPROVEMENTS AND RESTRICTIONS TO PREPARE FOR THE DISRUPTION AND IMPACTS OF THE L SUBWAY LINE CLOSURE; (G) A DETERMINATION OF THE TIMING AND SCOPE OF EACH INDIVIDUAL IMPROVEMENT AND RESTRICTION TO SURFACE AND SUBWAY TRANSPORTATION; (H) COMMENCEMENT, ADVERTISEMENT AND PUBLICATION OF PUBLIC HEARINGS BEFORE, DURING AND AFTER THE CLOSURE OF THE L SUBWAY LINE; (I) AN EXTENSIVE COMMUNITY OUTREACH PROCESS BEFORE, DURING AND AFTER THE L SUBWAY LINE CLOSURE; (J) ADDITIONAL STATION TURNSTILE, STAIR AND CONTROL AREA CAPACITY AND SERVICE AT THE NUMEROUS STATIONS ON THE ALTERNATIVE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (K) ADDITIONAL L-ALTERNATIVE SUBWAY LINE SERVICE AND CAPACITY ON WEEK- ENDS AND OVERNIGHTS; (L) SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA; S. 8052--B 3 (M) FREE TRANSFERS FOR FERRY, BUS AND SUBWAY LINES TO ACCOMMODATE DIVERTED PASSENGERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (N) INCREASED FERRY CAPACITY AND SERVICE CONNECTING BROOKLYN AND MANHATTAN TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (O) INCREASED BUS SERVICE AND CAPACITY TO ACCOMMODATE DIVERTED L-RID- ERS AS A RESULT OF THE L SUBWAY LINE CLOSURE WITHIN THE L SUBWAY LINE CLOSURE AREA; (P) INCREASED SUBWAY SERVICE AND CAPACITY ON L ALTERNATIVE ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (Q) IDENTIFICATION OF SUBWAY STATION IMPROVEMENTS AT L-ALTERNATIVE ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (R) FARE PARITY BETWEEN FERRY, BUS AND SUBWAY LINES FOR DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (S) CONTRACT INCENTIVES AND PENALTIES FOR THE CONTRACTORS TO ENCOURAGE THE COMPLETION OF THE L SUBWAY LINE CLOSURE PROJECT WITHIN FIFTEEN MONTHS; (T) THE IMPLEMENTATION OF BUS LANES IN ORDER TO MOVE BUSES QUICKLY AND NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (U) THE IMPLEMENTATION OF HIGH OCCUPANCY VEHICLE(HOV) LANE RESTRICTIONS IN ORDER TO MOVE HIGH OCCUPANCY VEHICLES QUICKLY AND NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (V) THE IDENTIFICATION OF APPROPRIATE PLACEMENT OF HOV LANES THROUGH- OUT THE IMPACTED AREA TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (W) DETERMINATION AND EVALUATION ENFORCEMENT MEASURES OF HOV LANES; (X) THE PERIODIC REVIEW OF THE EFFECTIVENESS OF HOV LANES; (Y) ANALYSIS OF THE IMPACT OF THE WILLIAMSBURG BRIDGE RESTRICTIONS ON THE OTHER EAST RIVER CROSSINGS; (Z) MITIGATION OF AN OUTSIZED SHIFT OF DIVERTED L-RIDERS TO FOR-HIRE VEHICLES THAT COULD LEAD TO MASSIVE CONGESTION AT EAST RIVER CROSSINGS; (AA) DEVELOPMENT OF ROBUST PLANS FOR BICYCLE USE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (BB) EXPANDED ACCESS TO PEDESTRIANS, BUS RIDERS AND CYCLISTS ALONG L-ALTERNATIVE ROUTE TRANSPORTATION CORRIDORS TO ENSURE QUICK AND EFFI- CIENT MOVEMENT FOR DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (CC) RUSH HOUR RESTRICTIONS TO ASSIST BUSES IN TRAVELING ALONG L-AL- TERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (DD) BUS LANES TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNATIVE TRANS- PORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (EE) SELECT BUS SERVICE TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNA- TIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (FF) UPGRADING OF SELECT BUS SERVICE TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (GG) TEMPORARY BUS BULBS TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; S. 8052--B 4 (HH) OFFSET BUS LINES TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (II) SIDEWALK EXPANSION ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (JJ) NEW PEDESTRIAN SPACE ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (KK) AN ANALYSIS AND DETERMINATION OF THE IMPACT ON DAILY CYCLING VOLUME ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (LL) TWO-WAY PROTECTED CROSSTOWN BIKE LANE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (MM) PEDESTRIANIZED STREET FEATURES ALONG THE L-ALTERNATIVE TRANSPOR- TATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (NN) NEW BIKE PARKING HUBS ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (OO) NEW FERRY ROUTES ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (PP) INCREASED SERVICES AND CAPACITY FOR COMMUNITY BICYCLE-SHARING PROGRAMS TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (QQ) IDENTIFICATION AND IMPLEMENTATION OF THE PLACEMENT OF ADDITIONAL CROSSWALKS ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (RR) ADDITIONAL BICYCLE PARKING ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; AND (SS) THE PERIODIC BRIEFING OF ELECTED OFFICIALS ON THE STATUS OF THE SUBWAY LINE CLOSURE BEFORE, DURING AND AFTER THE CLOSURE. 2. IN DEVELOPING THE PLAN REFERENCED IN SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL CONSIDER BUT NOT BE LIMITED TO THE FOLLOW- ING ACTIONS AND MEASURES FOR INCLUSION IN SAID PLAN: (A) DISCOUNTED ADVERTISING ON ALL AUTHORITY ADVERTISING MEDIUMS WITHIN THE L SUBWAY LINE CLOSURE AREA; (B) SIGNAGE WITHIN THE L SUBWAY LINE CLOSURE AREA IN THE VICINITY OF ABOVE-GROUND WORK SITES WHICH STATE THAT NEARBY BUSINESSES ARE OPEN; (C) THE COMMISSIONING OF PUBLIC ART TO BE INSTALLED WITHIN THE L SUBWAY LINE CLOSURE AREA FOR THE PURPOSE OF DRAWING VISITORS TO NEIGH- BORHOODS IN THE L SUBWAY LINE CLOSURE AREA; (D) A FREE OR REDUCED FARE SHUTTLE BUS SERVICE FOR DIVERTED PASSENGERS IN THE L SUBWAY LINE CLOSURE AREA; (E) METHODS TO ENCOURAGE THE PATRONAGE OF BUSINESSES WITHIN THE L SUBWAY LINE CLOSURE AREA; (F) IN CONSULTATION WITH THE URBAN DEVELOPMENT CORPORATION, PROVIDING FINANCIAL ASSISTANCE TO BUSINESSES WITHIN THE L SUBWAY LINE CLOSURE AREA, INCLUDING GRANTS AND RENTAL AND UTILITY ASSISTANCE; AND (G) IN CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPO- RATION, IDENTIFYING STATE OWNED PROPERTY IN MANHATTAN WHICH MAY BE USED AS TEMPORARY SHOWROOMS FOR BUSINESSES WITHIN THE L SUBWAY LINE PROJECT AREA. 3. FOR PURPOSES OF THIS SECTION "L SUBWAY LINE CLOSURE AREA" SHALL MEAN AN AREA APPROVED BY THE BOARD OF THE AUTHORITY THAT IS ADJACENT TO S. 8052--B 5 OR AFFECTED BY THE TEMPORARY CLOSURE OF PORTIONS OF THE L SUBWAY LINE FOR REPAIRS. 4. THE L SUBWAY LINE CLOSURE MITIGATION PLAN REQUIRED PURSUANT TO THIS SECTION SHALL, NO LATER THAN SIXTY DAYS BEFORE THE COMMENCEMENT OF THE L SUBWAY LINE CLOSURE, BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESI- DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, BE POSTED ON THE AUTHORITY'S WEBSITE AND ALSO BE MADE READILY AVAILABLE TO THE PUBLIC. 5. THE AUTHORITY SHALL NOT CHARGE A FARE OR FEE FOR ANY SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA. § 3. Paragraph 5 of subdivision (c) of section 1111-c of the vehicle and traffic law, as amended by section 6 of part NNN of chapter 59 of the laws of 2018, is amended to read as follows: 5. "bus rapid transit program" shall mean up to ten routes designated by the New York city department of transportation in consultation with the applicable mass transit agency, A ROUTE DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ON GRAND STREET, DELANCEY STREET AND THE WILLIAMSBURG BRIDGE FROM THE GRAND STREET STATION TO THE DELANCEY STREET STATION, AND A ROUTE DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ON FOURTEENTH STREET BETWEEN THIRD AND NINTH AVENUES EASTBOUND AND THIRD AND EIGHTH AVENUES WESTBOUND, in addition to the Bus Rapid Transit Phase I plan routes, that operate on designated bus lanes and that may include upgraded signage, enhanced road markings, minimum bus stop spacing, off-board fare payment, traffic signal priority for buses, and any other enhancement that increases bus speed or reliabil- ity. § 4. Section 1268 of the public authorities law is amended by adding a new subdivision 4 to read as follows: 4. THE AUTHORITY AND THE NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS SHALL CONSULT WITH AND ASSIST THE CITY OF NEW YORK IN IMPLEMENTING A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM ON THE WILLIAMSBURG BRIDGE PURSUANT TO SECTION ELEVEN HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW. § 5. The vehicle and traffic law is amended by adding a new section 235-a to read as follows: § 235-A. JURISDICTION; WILLIAMSBURG BRIDGE TEMPORARY HIGH-OCCUPANCY VEHICLE PROGRAM. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, IN ANY CITY WHICH HERETOFORE OR HEREAFTER IS AUTHORIZED TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL HAVING JURISDICTION TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR STOPPING VIOLATIONS IN ACCORDANCE WITH THIS ARTICLE, SUCH TRIBUNAL SHALL BE AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER AND SUCH TRIBUNAL AND THE RULES AND REGULATIONS PERTAINING THERETO SHALL BE CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING SECTIONS. § 6. Section 236 of the vehicle and traffic law is amended by adding a new subdivision 1-a to read as follows: 1-A. A PARKING VIOLATIONS BUREAU CREATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL HAVE JURISDICTION AS PROVIDED IN THIS SECTION AND SHALL ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER. § 7. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 16 to read as follows: S. 8052--B 6 16. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- SION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER. § 8. Subdivision 1 of section 239 of the vehicle and traffic law is amended by adding a new paragraph f-1 to read as follows: F-1. "NOTICE OF VIOLATION" MEANS A NOTICE OF VIOLATION AS DEFINED IN SUBDIVISION NINE OF SECTION TWO HUNDRED THIRTY-SEVEN OF THIS ARTICLE, BUT SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP- TER. § 9. Section 239 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI- NATIONS OF OWNER LIABILITY FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER. § 10. Section 240 of the vehicle and traffic law is amended by adding three new subdivisions 1-b, 1-c and 2-a to read as follows: 1-B. NOTICE OF HEARING. WHENEVER A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER CONTESTS SUCH ALLEGATION, THE BUREAU SHALL ADVISE SUCH PERSON PERSONALLY BY SUCH FORM OF FIRST CLASS MAIL AS THE DIRECTOR MAY DIRECT OF THE DATE ON WHICH HE OR SHE MUST APPEAR TO ANSWER THE CHARGE AT A HEARING. THE FORM AND CONTENT OF SUCH NOTICE OF HEARING SHALL BE PRESCRIBED BY THE DIRECTOR, AND SHALL CONTAIN A WARNING TO ADVISE THE PERSON SO PLEADING OR CONTEST- ING THAT FAILURE TO APPEAR ON THE DATE DESIGNATED, OR ON ANY SUBSEQUENT ADJOURNED DATE, SHALL BE DEEMED AN ADMISSION OF LIABILITY, AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 1-C. FINES AND PENALTIES. WHENEVER A PLEA OF NOT GUILTY HAS BEEN ENTERED, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER IS BEING CONTESTED, BY A PERSON IN A TIMELY FASHION AND A HEARING ON THE MERITS HAS BEEN DEMANDED, BUT HAS NOT YET BEEN HELD, THE BUREAU SHALL NOT ISSUE ANY NOTICE OF FINE OR PENALTY TO THAT PERSON PRIOR TO THE DATE OF THE HEARING. 2-A. CONDUCT OF HEARINGS. A. EVERY HEARING FOR AN ADJUDICATION OF AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER SHALL BE HELD BEFORE A HEARING EXAMINER IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE BUREAU. B. NO CHARGE MAY BE ESTABLISHED EXCEPT UPON PROOF BY SUBSTANTIAL EVIDENCE. C. THE HEARING EXAMINER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE IN THE CONDUCT OF THE HEARING, EXCEPT RULES RELATING TO PRIVILEGED COMMUNI- CATIONS. D. THE HEARING EXAMINER SHALL AT THE REQUEST OF THE PERSON CHARGED ON A SHOWING OF GOOD CAUSE AND NEED THEREFOR, OR IN HIS OR HER OWN DISCRETION, ISSUE A SUBPOENA TO COMPEL THE APPEARANCE AT A HEARING OF THE OFFICER WHO SERVED THE NOTICE OF VIOLATION OR OF OTHER PERSONS TO GIVE TESTIMONY, AND MAY ISSUE A SUBPOENA DUCES TECUM TO COMPEL THE PRODUCTION FOR EXAMINATION OR INTRODUCTION INTO EVIDENCE, OF ANY BOOK, PAPER OR OTHER THING RELEVANT TO THE CHARGES. E. IN THE CASE OF A REFUSAL TO OBEY A SUBPOENA, THE BUREAU MAY MAKE APPLICATION TO THE SUPREME COURT PURSUANT TO SECTION TWENTY-THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FOR AN ORDER REQUIR- ING SUCH APPEARANCE, TESTIMONY OR PRODUCTION OF EVIDENCE. S. 8052--B 7 F. THE HEARING EXAMINER SHALL NOT EXAMINE THE PRIOR VIOLATION RECORD OF A PERSON CHARGED BEFORE MAKING A DETERMINATION. G. A RECORD SHALL BE MADE OF A HEARING ON A PLEA OF NOT GUILTY OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER IS CONTESTED. RECORDING DEVICES MAY BE USED FOR THE MAKING OF THE RECORD. § 11. Section 241 of the vehicle and traffic law is amended by adding two new subdivisions 1-a and 2-a to read as follows: 1-A. THE HEARING EXAMINER SHALL MAKE A DETERMINATION ON THE CHARGES, EITHER SUSTAINING OR DISMISSING THEM. WHERE THE HEARING EXAMINER DETER- MINES THAT THE CHARGES HAVE BEEN SUSTAINED HE OR SHE MAY EXAMINE THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER OF THE PERSON CHARGED PRIOR TO RENDERING A FINAL DETERMINATION. FINAL DETERMINATIONS SUSTAINING OR DISMISSING CHARGES SHALL BE ENTERED ON A FINAL DETERMINATION ROLL MAINTAINED BY THE BUREAU TOGETHER WITH RECORDS SHOWING PAYMENT AND NONPAYMENT OF PENALTIES. 2-A. WHERE AN OPERATOR OR OWNER FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP- TER OR FAILS TO APPEAR ON A DESIGNATED HEARING DATE OR SUBSEQUENT ADJOURNED DATE OR FAILS AFTER A HEARING TO COMPLY WITH THE DETERMINATION OF A HEARING EXAMINER, AS PRESCRIBED BY THIS ARTICLE OR BY RULE OR REGU- LATION OF THE BUREAU, SUCH FAILURE TO CONTEST, APPEAR OR COMPLY SHALL BE DEEMED, FOR ALL PURPOSES, AN ADMISSION OF LIABILITY AND SHALL BE GROUNDS FOR RENDERING AND ENTERING A DEFAULT JUDGMENT IN AN AMOUNT PROVIDED BY THE RULES AND REGULATIONS OF THE BUREAU. HOWEVER, AFTER THE EXPIRATION OF THE ORIGINAL DATE PRESCRIBED FOR CONTESTING AN ALLEGATION OF LIABIL- ITY AND BEFORE A DEFAULT JUDGMENT MAY BE RENDERED, IN SUCH CASE THE BUREAU SHALL PURSUANT TO THE APPLICABLE PROVISIONS OF LAW NOTIFY SUCH OPERATOR OR OWNER, BY SUCH FORM OF FIRST CLASS MAIL AS THE COMMISSION MAY DIRECT: (1) OF THE LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER ALLEGED, (2) OF THE IMPENDING DEFAULT JUDGMENT, (3) THAT SUCH JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY IN WHICH THE BUREAU HAS BEEN ESTABLISHED, OR OTHER COURT OF CIVIL JURISDICTION OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE OF NEW YORK, AND (4) THAT A DEFAULT MAY BE AVOIDED BY CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER OR MAKING AN APPEARANCE WITHIN THIRTY DAYS OF THE SENDING OF SUCH NOTICE. ALLEGATIONS OF LIABIL- ITY CONTESTED WITHIN THAT PERIOD SHALL BE IN THE MANNER PRESCRIBED IN THE NOTICE AND NOT SUBJECT TO ADDITIONAL PENALTY OR FEE. SUCH NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL NOT BE REQUIRED PRIOR TO THE RENDERING AND ENTRY THEREOF IN THE CASE OF OPERATORS OR OWNERS WHO ARE NON-RESI- DENTS OF THE STATE OF NEW YORK. IN NO CASE SHALL A DEFAULT JUDGMENT BE RENDERED OR, WHERE REQUIRED, A NOTICE OF IMPENDING DEFAULT JUDGMENT BE SENT, MORE THAN TWO YEARS AFTER THE EXPIRATION OF THE TIME PRESCRIBED FOR CONTESTING AN ALLEGATION OF LIABILITY. WHEN A PERSON HAS DEMANDED A HEARING, NO FINE OR PENALTY SHALL BE IMPOSED FOR ANY REASON PRIOR TO THE HOLDING OF THE HEARING. IF THE HEARING EXAMINER SHALL MAKE A DETERMI- NATION ON THE CHARGES, SUSTAINING THEM, HE OR SHE SHALL IMPOSE NO GREAT- ER PENALTY OR FINE THAN THOSE UPON WHICH THE PERSON WAS ORIGINALLY CHARGED. § 12. Subdivision 5-a of section 401 of the vehicle and traffic law is amended by adding a new paragraph a-1 to read as follows: A-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER- EOF THERE IS A CERTIFICATION FROM A COURT OR ADMINISTRATIVE TRIBUNAL OF APPROPRIATE JURISDICTION THAT THE REGISTRANT OR HIS OR HER REPRESEN- S. 8052--B 8 TATIVE FAILED TO APPEAR ON THE RETURN DATE OR ANY SUBSEQUENT ADJOURNED DATE OR FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF AN ADMINIS- TRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION IN RESPONSE TO A TOTAL OF THREE OR MORE SUMMONSES OR OTHER PROCESS IN THE AGGREGATE, ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD, CHARGING THAT THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER, THE COMMISSIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRA- TION OR RENEWAL APPLICATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE COURT OR ADMINISTRATIVE TRIBUNAL WHEREIN THE CHARGES ARE PENDING THAT AN APPEARANCE OR ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL THAT HE OR SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVI- SION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES REMAIN UNANSWERED, OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE REGISTRANT FAILS TO COMPLY WITH THE RULES AND REGULATIONS FOLLOWING ENTRY OF A FINAL DECISION. § 13. Section 1110 of the vehicle and traffic law is amended by adding a new subdivision (f) to read as follows: (F) EVERY PERSON SHALL OBEY THE INSTRUCTIONS OF ANY OFFICIAL TRAFFIC- CONTROL DEVICE PLACED TO DELINEATE HIGH-OCCUPANCY VEHICLE LANE RESTRICTIONS UNDER THE TEMPORARY HOV PROGRAM ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, UNLESS OTHERWISE DIRECTED BY A TRAFFIC OR POLICE OFFICER, SUBJECT TO THE EXCEPTIONS GRANTED THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE IN THIS TITLE. § 14. The vehicle and traffic law is amended by adding a new section 1110-a to read as follows: § 1110-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH TEMPORARY HIGH-OCCUPANCY VEHICLE PROGRAM RESTRICTIONS. (A) 1. NOTWITH- STANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IN CONSULTA- TION WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM ON THE WILLIAMSBURG BRIDGE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH HOV RESTRICTIONS ON SUCH BRIDGE IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF TRANSPORTA- TION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE HOV PHOTO DEVICES ONLY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG BRIDGE IN SUCH CITY. SUCH HOV PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION. 2. ANY IMAGE OR IMAGES CAPTURED OR PRODUCED BY AN HOV PHOTO DEVICE SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGE TO BE PRODUCED. 3. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN- TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY AN HOV PHOTO DEVICE, S. 8052--B 9 PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE PRODUCED BY AN HOV PHOTO DEVICE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSEN- GERS, OR THE CONTENTS OF A VEHICLE, PROVIDED THAT THE CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. SUCH PROTECTIVE MEASURES SHALL INCLUDE: (I) THE UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE THAT IMAGES PRODUCED BY SUCH HOV PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI- FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE; (II) A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY HOV PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER; (C) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR (D) AS OTHERWISE REQUIRED BY LAW; (III) THE INSTALLATION OF SIGNAGE IN ADVANCE OF ENTRY POINTS TO DESIG- NATED HOV AREAS STATING THAT HOV PHOTO DEVICES ARE USED TO ENFORCE HOV RESTRICTIONS; AND (IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED PRIVACY PROTECTION MEASURES. 4. WITHIN THE CITY OF NEW YORK, SUCH HOV PHOTO DEVICES USED IN ACCORD- ANCE WITH THE TEMPORARY HOV PROGRAM SHALL ONLY BE OPERATED WITHIN DESIG- NATED HOV AREAS ON THE WILLIAMSBURG BRIDGE DURING PERIODS TO BE DETER- MINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IN ORDER TO FACILITATE TRAFFIC MANAGEMENT. DETERMINATION OF SUCH PERIODS SHALL BE MADE BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL TRAFFIC ANALYSES CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC, AND GUIDANCE FROM APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION STRATEGIES. (B) IF THE CITY OF NEW YORK HAS ESTABLISHED A TEMPORARY HOV PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY HOV RESTRICTIONS THAT APPLY, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM AN HOV PHOTO DEVICE; PROVIDED, HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY HOV RESTRICTIONS. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "HIGH-OCCUPANCY VEHICLE" OR "HOV" SHALL MEAN VEHICLES WITH A HIGH NUMBER OF OCCUPANTS AS DETERMINED IN RULES PROMULGATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. 3. "HOV PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF HOV RESTRICTIONS. 4. "HOV RESTRICTIONS" SHALL MEAN RESTRICTIONS, WITHIN THE TEMPORARY HOV PROGRAM, ON THE USE OF DESIGNATED AREAS OF THE WILLIAMSBURG BRIDGE, DURING TIME PERIODS TO BE DEFINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, BY A VEHICLE OTHER THAN: (I) AN HOV; (II) A VEHICLE REGISTERED AS A COMMERCIAL VEHICLE PURSUANT TO PART ONE HUNDRED SIX OF TITLE FIFTEEN OF THE NEW YORK CODES, RULES AND REGULATIONS; (III) AN S. 8052--B 10 AUTHORIZED EMERGENCY VEHICLE; (IV) AN ACCESS-A-RIDE VEHICLE AS DEFINED IN CHAPTER FIVE OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK; OR (V) A BUS. 5. "TEMPORARY HOV PROGRAM" SHALL MEAN A TEMPORARY PROGRAM THAT OPER- ATES EXCLUSIVELY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG BRIDGE DURING PERIODS OF HIGH-TRAFFIC VOLUME TO BE DETERMINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. DETERMINATION OF SUCH PERIODS SHALL BE MADE BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL TRAFFIC ANALYSES CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC, AND GUIDANCE FROM APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION STRATEGIES. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY AN HOV PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE SHALL BE LIABLE FOR MONETARY PENAL- TIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED THIRTY-FIVE DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- CLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI- NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE HOV PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY S. 8052--B 11 AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. 5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVI- SION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (J) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE. § 15. The opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10 of chapter 222 of the laws of 2015, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred S. 8052--B 12 eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chap- ter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP- TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section S. 8052--B 13 eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. § 15-a. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-a of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equip- ment or violations by pedestrians or bicyclists, or other than an adju- dication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdi- vision (d) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. § 15-b. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-b of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdi- vision (d) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision S. 8052--B 14 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-c. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-c of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accord- ance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-d. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-d of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accord- ance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION S. 8052--B 15 ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-e. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-e of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-f. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-f of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-g. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by chapter 16 of the laws of 1983 and chapter 62 of the laws of 1989, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 16. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11 of chapter 222 of the laws of 2015, is amended to read as follows: S. 8052--B 16 a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter, or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP- TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twen- ty-eight dollars. § 16-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-a of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision S. 8052--B 17 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-b of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permit- ted by law, an additional surcharge of twenty-eight dollars. § 16-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-c of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- S. 8052--B 18 ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJU- DICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-d of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-e of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred-e of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred S. 8052--B 19 eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 5 of part C of chapter 55 of the laws of 2013, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 17. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (p) to read as follows: (P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW. § 18. The New York city department of transportation shall: (i) prior to implementing a temporary high-occupancy vehicle (HOV) program on the Williamsburg bridge as authorized by section 1110-a of the vehicle and traffic law, as added by section fourteen of this act, and in consulta- tion with the metropolitan transportation authority, in accordance with subdivision 4 of section 1268 of the public authorities law, as added by section four of this act, communicate to the public, including the affected communities in New York and Kings counties, the plan for HOV restrictions so as to maximize awareness of such temporary HOV program; (ii) for at least 40 days prior to implementing such temporary HOV program, send by first class mail notice of such upcoming implementation to the owner of any vehicle that is not a bus, a commercial vehicle, an authorized emergency vehicle, or an access-a-ride vehicle, identified as having been driven on the Williamsburg bridge with fewer than three occupants during time periods defined by the New York city department of transportation in accordance with the provisions of section 1110-a of the vehicle and traffic law, as added by section fourteen of this act; and (iii) take such measures as are necessary to implement such tempo- rary HOV program prior to its implementation, including promulgating any rules and regulations necessary for the implementation of this act. S. 8052--B 20 Failure to comply with the provisions of this section shall not affect the validity or implementation of the temporary HOV program authorized by section 1110-a of the vehicle and traffic law, as added by section fourteen of this act. § 19. The purchase or lease of equipment for a program established pursuant to section 1110-a of the vehicle and traffic law shall be subject to the provisions of section 103 of the general municipal law. § 20. (a) This act shall take effect immediately provided, however, that sections one through three of this act shall expire and be deemed repealed September 1, 2020; provided, however, that the amendments to paragraph 5 of subdivision (c) of section 1111-c of the vehicle and traffic law, made by section three of this act, shall not affect the repeal of such section and shall be deemed repealed therewith provided, further, that sections four through seventeen and section nineteen of this act shall take effect April 1, 2019, and sections four through nineteen of this act shall expire and be deemed repealed July 1, 2020, except that if the metropolitan transportation authority completes repairs on the Canarsie tunnel prior to July 1, 2020, sections four through nineteen of this act shall expire and be deemed repealed on such prior date; provided that the metropolitan transportation authority shall notify the legislative bill drafting commission upon the occur- rence of such completion of the Canarsie tunnel occurring prior to July 1, 2020 in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law; (b) notwithstanding the expiration and repeal of certain provisions of this act, any violations issued prior to July 1, 2020 or the prior date upon which sections four through nineteen of this act expires and is deemed repealed pursuant to subdivision (a) of this section, whichever occurs first, may be adjudicated after such date; (c) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-a of this act shall take effect; (d) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-b of this act shall take effect; (e) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-b of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-c of this act shall take effect; (f) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-c of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-d of this act shall take effect; (g) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-d of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-e of this act shall take effect; S. 8052--B 21 (h) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-e of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-f of this act shall take effect; (i) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-f of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-g of this act shall take effect; (j) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-a of this act shall take effect; (k) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-b of this act shall take effect; (l) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-c of this act shall take effect; (m) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-d of this act shall take effect; (n) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-d of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-e of this act shall take effect; and (o) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-e of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-f of this act shall take effect.
co-Sponsors
(D) Senate District
2017-S8052C (ACTIVE) - Details
- Current Committee:
- Senate Transportation
- Law Section:
- Public Authorities Law
- Laws Affected:
- Add §1277-b, Pub Auth L; amd §1115, Tax L; add §16-bb, UDC Act; add Art 4 Title 3-A §§497 - 497-f, RPT L; amd §100, Ec Dev L
2017-S8052C (ACTIVE) - Summary
Relates to mitigating the closure of the L subway line in the city of New York; directs the MTA in consultation with other relevant entities to develop a plan to mitigate the individual and economic hardships due to the L subway line closure; establishes a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices.
2017-S8052C (ACTIVE) - Sponsor Memo
BILL NUMBER: S8052C SPONSOR: KAVANAGH PURPOSE OR GENERAL IDEA OF BILL: Relates to mitigating the closure of the L subway line in the city of New York. SUMMARY OF SPECIFIC PROVISIONS: The public authorities law is amended by adding a new section 1279-e. The vehicle and traffic law is amended by amending paragraph 5 of subdi- vision (c) of section 1111-c, Article 2-B, sections 401(5-a), 1809 and 1809-e and adds a new section 1110-a. The public officers law is amended by adding a new paragraph (p) to subdivision 2 of section 87. The uncon- solidated law is amended by adding new sections. JUSTIFICATION: This bill has been introduced to mitigate the damaging effects of the L-train shut-down during reconstruction. The intent of this legislation
is to steady and secure our neighborhoods during the shutdown crisis. It is a crisis. The management of the L line shut down is crucial to the quality of life for local residents and the economic survival of our local businesses. A well run reconstruction will allow our neighborhoods to continue to thrive by providing easy and abundant passage between Williamsburg, the Northside and Manhattan. If the project and the concerns of the residents and businesses are ignored, this shut-down has the potential to completely destabilize our neighborhoods economic vitality. This legislation outlines programs that will mitigate the consequences the construction is likely to have on travel patterns. Our transportation leaders and economic leaders need to go above and beyond the usual way of managing projects by implementing the programs outline in this legislation. We want the shut-down to be a success story for everyone. PRIOR LEGISLATIVE HISTORY: None. New for 2018. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: Immediate; sections one through three would expire and be deemed repealed September 1, 2020, sections four through seventeen and nineteen would take effect April 1, 2019, and sections four through nineteen would expire and be deemed repealed July 1, 2010 unless the Metropolitan Transportation Authority completes repairs on the Canarsie Tunnel prior to such date, whereupon such sections would expire and be deemed repealed on such prior date.
2017-S8052C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8052--C I N S E N A T E March 22, 2018 ___________ Introduced by Sens. KAVANAGH, DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law and the vehicle and traffic law, in relation to mitigating the closure of the L subway line in the city of New York; and to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establish- ing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The L subway line is of vital impor- tance to commuters, the local community, and businesses within the service area of the line. Hundreds of thousands of New Yorkers ride the line on a daily basis, and such ridership volume is essential to the economic vitality of nearby businesses. Officials from the metropolitan transportation authority (MTA) have indicated that portions of the L subway line will be temporarily closed for repair work beginning in April of 2019. The closure is anticipated to last fifteen months and affect all L subway line stations west of the Bedford Avenue Station. The temporary closure of the L subway line will cause individual and economic hardships for those who rely on the line for transportation and economic opportunities. Currently, there is no statutory requirement that would mandate the MTA to develop a plan to address the impacts of such a closure, allow for public feedback, and provide the plan to the community. It is the intent of the legislature that there be a legal requirement for the MTA to consider and address all of the impacts of such a significant closure and provide a plan to the public in a timely manner. Such plan shall require the MTA to address timelines involved EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD14751-08-8 S. 8052--C 2 with the proposed closure, transportation alternatives to accommodate diverted riders, transportation facility improvements and expansion, the authority to utilize bus lane cameras to facilitate alternative forms of transportation, and provide for public input throughout the planning process and the L subway line closure. Public notice and involvement throughout the process is essential so that everyday riders are able to adjust their commuting habits and businesses are able to adapt to such a change as a result of the closure. The legislature hereby finds and declares that the L subway line closure and its impacts are a signif- icant concern. The legislature further finds and declares that the MTA shall be required to have a plan, prior to the L subway line closure, that would mitigate the effects of, and accommodate those affected by, the closure. Finally, the legislature finds and declares that such plan shall provide for public input and be provided to the community. § 2. The public authorities law is amended by adding a new section 1279-e to read as follows: § 1279-E. L SUBWAY LINE CLOSURE MITIGATION PLAN. 1. THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, THE PERMANENT CITIZENS ADVISORY COMMITTEE TO THE AUTHORITY AND ANY OTHER ENTITY THE AUTHORITY DEEMS RELEVANT, SHALL DEVELOP A PLAN TO MITIGATE THE INDIVIDUAL AND ECONOMIC HARDSHIPS DUE TO THE L SUBWAY LINE CLOSURE. SUCH PLAN SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: (A) AN ANTICIPATED TIMELINE FOR THE L SUBWAY LINE CLOSURE, INCLUDING THE ANTICIPATED START TIME AND DATE FOR THE CLOSURE AND THE ANTICIPATED END TIME AND DATE FOR THE CLOSURE; (B) AN ANALYSIS OF THE ANTICIPATED INCREASE IN RIDERSHIP ON ALTERNA- TIVE ROUTES, INCLUDING BUT NOT LIMITED TO, ALTERNATIVE BUS ROUTES, ALTERNATIVE SUBWAY ROUTES AND ALL OTHER FORMS OF ALTERNATIVE TRANSPORTA- TION UTILIZED TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (C) IDENTIFICATION OF THE SPECIFIC CORRIDORS AND RELATED TRANSPORTA- TION MODES THAT WILL BE IMPACTED AND DISRUPTED BY THE L SUBWAY LINE CLOSURE; (D) IDENTIFICATION OF THE SPECIFIC IMPACTS AND DISRUPTIONS CAUSED BY THE L SUBWAY LINE CLOSURE AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED TRANSPORTATION MODES TO ACCOMMODATE DIVERTED L-RIDERS; (E) IDENTIFICATION OF SPECIFIC MITIGATION MEASURES TO LESSEN THE IDEN- TIFIED AND ANTICIPATED IMPACTS AND DISRUPTIONS AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED TRANSPORTATION MODES; (F) IDENTIFICATION OF SURFACE AND SUBWAY TRANSPORTATION IMPROVEMENTS AND RESTRICTIONS TO PREPARE FOR THE DISRUPTION AND IMPACTS OF THE L SUBWAY LINE CLOSURE; (G) A DETERMINATION OF THE TIMING AND SCOPE OF EACH INDIVIDUAL IMPROVEMENT AND RESTRICTION TO SURFACE AND SUBWAY TRANSPORTATION; (H) COMMENCEMENT, ADVERTISEMENT AND PUBLICATION OF PUBLIC HEARINGS BEFORE, DURING AND AFTER THE CLOSURE OF THE L SUBWAY LINE; (I) AN EXTENSIVE COMMUNITY OUTREACH PROCESS BEFORE, DURING AND AFTER THE L SUBWAY LINE CLOSURE; (J) ADDITIONAL STATION TURNSTILE, STAIR AND CONTROL AREA CAPACITY AND SERVICE AT THE NUMEROUS STATIONS ON THE ALTERNATIVE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (K) ADDITIONAL L-ALTERNATIVE SUBWAY LINE SERVICE AND CAPACITY ON WEEK- ENDS AND OVERNIGHTS; (L) SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA; S. 8052--C 3 (M) FREE TRANSFERS FOR FERRY, BUS AND SUBWAY LINES TO ACCOMMODATE DIVERTED PASSENGERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (N) INCREASED FERRY CAPACITY AND SERVICE CONNECTING BROOKLYN AND MANHATTAN TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (O) INCREASED BUS SERVICE AND CAPACITY TO ACCOMMODATE DIVERTED L-RID- ERS AS A RESULT OF THE L SUBWAY LINE CLOSURE WITHIN THE L SUBWAY LINE CLOSURE AREA; (P) INCREASED SUBWAY SERVICE AND CAPACITY ON L ALTERNATIVE ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (Q) IDENTIFICATION OF SUBWAY STATION IMPROVEMENTS AT L-ALTERNATIVE ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (R) FARE PARITY BETWEEN FERRY, BUS AND SUBWAY LINES FOR DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (S) CONTRACT INCENTIVES AND PENALTIES FOR THE CONTRACTORS TO ENCOURAGE THE COMPLETION OF THE L SUBWAY LINE CLOSURE PROJECT WITHIN FIFTEEN MONTHS; (T) THE IMPLEMENTATION OF BUS LANES IN ORDER TO MOVE BUSES QUICKLY AND NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (U) THE IMPLEMENTATION OF HIGH OCCUPANCY VEHICLE(HOV) LANE RESTRICTIONS IN ORDER TO MOVE HIGH OCCUPANCY VEHICLES QUICKLY AND NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (V) THE IDENTIFICATION OF APPROPRIATE PLACEMENT OF HOV LANES THROUGH- OUT THE IMPACTED AREA TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (W) DETERMINATION AND EVALUATION ENFORCEMENT MEASURES OF HOV LANES; (X) THE PERIODIC REVIEW OF THE EFFECTIVENESS OF HOV LANES; (Y) ANALYSIS OF THE IMPACT OF THE WILLIAMSBURG BRIDGE RESTRICTIONS ON THE OTHER EAST RIVER CROSSINGS; (Z) MITIGATION OF AN OUTSIZED SHIFT OF DIVERTED L-RIDERS TO FOR-HIRE VEHICLES THAT COULD LEAD TO MASSIVE CONGESTION AT EAST RIVER CROSSINGS; (AA) DEVELOPMENT OF ROBUST PLANS FOR BICYCLE USE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (BB) EXPANDED ACCESS TO PEDESTRIANS, BUS RIDERS AND CYCLISTS ALONG L-ALTERNATIVE ROUTE TRANSPORTATION CORRIDORS TO ENSURE QUICK AND EFFI- CIENT MOVEMENT FOR DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (CC) PEAK HOUR RESTRICTIONS TO ASSIST BUSES IN TRAVELING ALONG L-AL- TERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (DD) BUS LANES TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNATIVE TRANS- PORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (EE) SELECT BUS SERVICE TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNA- TIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (FF) UPGRADING OF SELECT BUS SERVICE TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (GG) TEMPORARY BUS BULBS TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; S. 8052--C 4 (HH) OFFSET BUS LINES TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (II) SIDEWALK EXPANSION ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (JJ) NEW PEDESTRIAN SPACE ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (KK) AN ANALYSIS AND DETERMINATION OF THE IMPACT ON DAILY CYCLING VOLUME ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (LL) TWO-WAY PROTECTED CROSSTOWN BIKE LANE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (MM) PEDESTRIANIZED STREET FEATURES ALONG THE L-ALTERNATIVE TRANSPOR- TATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (NN) NEW BIKE PARKING HUBS ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (OO) NEW FERRY ROUTES ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (PP) INCREASED SERVICES AND CAPACITY FOR COMMUNITY BICYCLE-SHARING PROGRAMS TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (QQ) IDENTIFICATION AND IMPLEMENTATION OF THE PLACEMENT OF ADDITIONAL CROSSWALKS ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; (RR) ADDITIONAL BICYCLE PARKING ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE; AND (SS) THE PERIODIC BRIEFING OF ELECTED OFFICIALS ON THE STATUS OF THE SUBWAY LINE CLOSURE BEFORE, DURING AND AFTER THE CLOSURE. 2. IN DEVELOPING THE PLAN REFERENCED IN SUBDIVISION ONE OF THIS SECTION, THE AUTHORITY SHALL CONSIDER BUT NOT BE LIMITED TO THE FOLLOW- ING ACTIONS AND MEASURES FOR INCLUSION IN SAID PLAN: (A) DISCOUNTED ADVERTISING ON ALL AUTHORITY ADVERTISING MEDIUMS WITHIN THE L SUBWAY LINE CLOSURE AREA; (B) SIGNAGE WITHIN THE L SUBWAY LINE CLOSURE AREA IN THE VICINITY OF ABOVE-GROUND WORK SITES WHICH STATE THAT NEARBY BUSINESSES ARE OPEN; (C) THE COMMISSIONING OF PUBLIC ART TO BE INSTALLED WITHIN THE L SUBWAY LINE CLOSURE AREA FOR THE PURPOSE OF DRAWING VISITORS TO NEIGH- BORHOODS IN THE L SUBWAY LINE CLOSURE AREA; (D) METHODS TO ENCOURAGE THE PATRONAGE OF BUSINESSES WITHIN THE L SUBWAY LINE CLOSURE AREA; (E) IN CONSULTATION WITH THE URBAN DEVELOPMENT CORPORATION, PROVIDING FINANCIAL ASSISTANCE TO BUSINESSES WITHIN THE L SUBWAY LINE CLOSURE AREA, INCLUDING GRANTS AND RENTAL AND UTILITY ASSISTANCE; AND (F) IN CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPO- RATION, IDENTIFYING STATE OWNED PROPERTY IN MANHATTAN WHICH MAY BE USED AS TEMPORARY SHOWROOMS FOR BUSINESSES WITHIN THE L SUBWAY LINE PROJECT AREA. 3. FOR PURPOSES OF THIS SECTION "L SUBWAY LINE CLOSURE AREA" SHALL MEAN AN AREA APPROVED BY THE BOARD OF THE AUTHORITY THAT IS ADJACENT TO OR AFFECTED BY THE TEMPORARY CLOSURE OF PORTIONS OF THE L SUBWAY LINE FOR REPAIRS. S. 8052--C 5 4. THE L SUBWAY LINE CLOSURE MITIGATION PLAN REQUIRED PURSUANT TO THIS SECTION SHALL, NO LATER THAN SIXTY DAYS BEFORE THE COMMENCEMENT OF THE L SUBWAY LINE CLOSURE, BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESI- DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, BE POSTED ON THE AUTHORITY'S WEBSITE AND ALSO BE MADE READILY AVAILABLE TO THE PUBLIC. 5. THE AUTHORITY SHALL NOT CHARGE AN ADDITIONAL OR EXTRA FARE OR FEE FOR ANY SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA. § 3. Paragraph 5 of subdivision (c) of section 1111-c of the vehicle and traffic law, as amended by section 6 of part NNN of chapter 59 of the laws of 2018, is amended to read as follows: 5. "bus rapid transit program" shall mean up to ten routes designated by the New York city department of transportation in consultation with the applicable mass transit agency, A ROUTE DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ON GRAND STREET, DELANCEY STREET AND THE WILLIAMSBURG BRIDGE FROM THE GRAND STREET STATION TO THE DELANCEY STREET STATION, AND A ROUTE DESIGNATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ON FOURTEENTH STREET BETWEEN THIRD AND NINTH AVENUES EASTBOUND AND THIRD AND EIGHTH AVENUES WESTBOUND, in addition to the Bus Rapid Transit Phase I plan routes, that operate on designated bus lanes and that may include upgraded signage, enhanced road markings, minimum bus stop spacing, off-board fare payment, traffic signal priority for buses, and any other enhancement that increases bus speed or reliabil- ity. § 4. Section 1268 of the public authorities law is amended by adding a new subdivision 4 to read as follows: 4. THE AUTHORITY AND THE NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS SUBSIDIARY CORPORATIONS SHALL CONSULT WITH AND ASSIST THE CITY OF NEW YORK IN IMPLEMENTING A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM ON THE WILLIAMSBURG BRIDGE PURSUANT TO SECTION ELEVEN HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW. § 5. The vehicle and traffic law is amended by adding a new section 235-a to read as follows: § 235-A. JURISDICTION; WILLIAMSBURG BRIDGE TEMPORARY HIGH-OCCUPANCY VEHICLE PROGRAM. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, IN ANY CITY WHICH HERETOFORE OR HEREAFTER IS AUTHORIZED TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL HAVING JURISDICTION TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR STOPPING VIOLATIONS IN ACCORDANCE WITH THIS ARTICLE, SUCH TRIBUNAL SHALL BE AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER AND SUCH TRIBUNAL AND THE RULES AND REGULATIONS PERTAINING THERETO SHALL BE CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING SECTIONS. § 6. Section 236 of the vehicle and traffic law is amended by adding a new subdivision 1-a to read as follows: 1-A. A PARKING VIOLATIONS BUREAU CREATED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL HAVE JURISDICTION AS PROVIDED IN THIS SECTION AND SHALL ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER. § 7. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 16 to read as follows: S. 8052--C 6 16. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- SION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER. § 8. Subdivision 1 of section 239 of the vehicle and traffic law is amended by adding a new paragraph f-1 to read as follows: F-1. "NOTICE OF VIOLATION" MEANS A NOTICE OF VIOLATION AS DEFINED IN SUBDIVISION NINE OF SECTION TWO HUNDRED THIRTY-SEVEN OF THIS ARTICLE, BUT SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP- TER. § 9. Section 239 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI- NATIONS OF OWNER LIABILITY FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER. § 10. Section 240 of the vehicle and traffic law is amended by adding three new subdivisions 1-b, 1-c and 2-a to read as follows: 1-B. NOTICE OF HEARING. WHENEVER A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER CONTESTS SUCH ALLEGATION, THE BUREAU SHALL ADVISE SUCH PERSON PERSONALLY BY SUCH FORM OF FIRST CLASS MAIL AS THE DIRECTOR MAY DIRECT OF THE DATE ON WHICH HE OR SHE MUST APPEAR TO ANSWER THE CHARGE AT A HEARING. THE FORM AND CONTENT OF SUCH NOTICE OF HEARING SHALL BE PRESCRIBED BY THE DIRECTOR, AND SHALL CONTAIN A WARNING TO ADVISE THE PERSON SO PLEADING OR CONTEST- ING THAT FAILURE TO APPEAR ON THE DATE DESIGNATED, OR ON ANY SUBSEQUENT ADJOURNED DATE, SHALL BE DEEMED AN ADMISSION OF LIABILITY, AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 1-C. FINES AND PENALTIES. WHENEVER A PLEA OF NOT GUILTY HAS BEEN ENTERED, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER IS BEING CONTESTED, BY A PERSON IN A TIMELY FASHION AND A HEARING ON THE MERITS HAS BEEN DEMANDED, BUT HAS NOT YET BEEN HELD, THE BUREAU SHALL NOT ISSUE ANY NOTICE OF FINE OR PENALTY TO THAT PERSON PRIOR TO THE DATE OF THE HEARING. 2-A. CONDUCT OF HEARINGS. A. EVERY HEARING FOR AN ADJUDICATION OF AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER SHALL BE HELD BEFORE A HEARING EXAMINER IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE BUREAU. B. NO CHARGE MAY BE ESTABLISHED EXCEPT UPON PROOF BY SUBSTANTIAL EVIDENCE. C. THE HEARING EXAMINER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE IN THE CONDUCT OF THE HEARING, EXCEPT RULES RELATING TO PRIVILEGED COMMUNI- CATIONS. D. THE HEARING EXAMINER SHALL AT THE REQUEST OF THE PERSON CHARGED ON A SHOWING OF GOOD CAUSE AND NEED THEREFOR, OR IN HIS OR HER OWN DISCRETION, ISSUE A SUBPOENA TO COMPEL THE APPEARANCE AT A HEARING OF THE OFFICER WHO SERVED THE NOTICE OF VIOLATION OR OF OTHER PERSONS TO GIVE TESTIMONY, AND MAY ISSUE A SUBPOENA DUCES TECUM TO COMPEL THE PRODUCTION FOR EXAMINATION OR INTRODUCTION INTO EVIDENCE, OF ANY BOOK, PAPER OR OTHER THING RELEVANT TO THE CHARGES. E. IN THE CASE OF A REFUSAL TO OBEY A SUBPOENA, THE BUREAU MAY MAKE APPLICATION TO THE SUPREME COURT PURSUANT TO SECTION TWENTY-THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FOR AN ORDER REQUIR- ING SUCH APPEARANCE, TESTIMONY OR PRODUCTION OF EVIDENCE. S. 8052--C 7 F. THE HEARING EXAMINER SHALL NOT EXAMINE THE PRIOR VIOLATION RECORD OF A PERSON CHARGED BEFORE MAKING A DETERMINATION. G. A RECORD SHALL BE MADE OF A HEARING ON A PLEA OF NOT GUILTY OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER IS CONTESTED. RECORDING DEVICES MAY BE USED FOR THE MAKING OF THE RECORD. § 11. Section 241 of the vehicle and traffic law is amended by adding two new subdivisions 1-a and 2-a to read as follows: 1-A. THE HEARING EXAMINER SHALL MAKE A DETERMINATION ON THE CHARGES, EITHER SUSTAINING OR DISMISSING THEM. WHERE THE HEARING EXAMINER DETER- MINES THAT THE CHARGES HAVE BEEN SUSTAINED HE OR SHE MAY EXAMINE THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER OF THE PERSON CHARGED PRIOR TO RENDERING A FINAL DETERMINATION. FINAL DETERMINATIONS SUSTAINING OR DISMISSING CHARGES SHALL BE ENTERED ON A FINAL DETERMINATION ROLL MAINTAINED BY THE BUREAU TOGETHER WITH RECORDS SHOWING PAYMENT AND NONPAYMENT OF PENALTIES. 2-A. WHERE AN OPERATOR OR OWNER FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP- TER OR FAILS TO APPEAR ON A DESIGNATED HEARING DATE OR SUBSEQUENT ADJOURNED DATE OR FAILS AFTER A HEARING TO COMPLY WITH THE DETERMINATION OF A HEARING EXAMINER, AS PRESCRIBED BY THIS ARTICLE OR BY RULE OR REGU- LATION OF THE BUREAU, SUCH FAILURE TO CONTEST, APPEAR OR COMPLY SHALL BE DEEMED, FOR ALL PURPOSES, AN ADMISSION OF LIABILITY AND SHALL BE GROUNDS FOR RENDERING AND ENTERING A DEFAULT JUDGMENT IN AN AMOUNT PROVIDED BY THE RULES AND REGULATIONS OF THE BUREAU. HOWEVER, AFTER THE EXPIRATION OF THE ORIGINAL DATE PRESCRIBED FOR CONTESTING AN ALLEGATION OF LIABIL- ITY AND BEFORE A DEFAULT JUDGMENT MAY BE RENDERED, IN SUCH CASE THE BUREAU SHALL PURSUANT TO THE APPLICABLE PROVISIONS OF LAW NOTIFY SUCH OPERATOR OR OWNER, BY SUCH FORM OF FIRST CLASS MAIL AS THE COMMISSION MAY DIRECT: (1) OF THE LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER ALLEGED, (2) OF THE IMPENDING DEFAULT JUDGMENT, (3) THAT SUCH JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY IN WHICH THE BUREAU HAS BEEN ESTABLISHED, OR OTHER COURT OF CIVIL JURISDICTION OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE OF NEW YORK, AND (4) THAT A DEFAULT MAY BE AVOIDED BY CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER OR MAKING AN APPEARANCE WITHIN THIRTY DAYS OF THE SENDING OF SUCH NOTICE. ALLEGATIONS OF LIABIL- ITY CONTESTED WITHIN THAT PERIOD SHALL BE IN THE MANNER PRESCRIBED IN THE NOTICE AND NOT SUBJECT TO ADDITIONAL PENALTY OR FEE. SUCH NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL NOT BE REQUIRED PRIOR TO THE RENDERING AND ENTRY THEREOF IN THE CASE OF OPERATORS OR OWNERS WHO ARE NON-RESI- DENTS OF THE STATE OF NEW YORK. IN NO CASE SHALL A DEFAULT JUDGMENT BE RENDERED OR, WHERE REQUIRED, A NOTICE OF IMPENDING DEFAULT JUDGMENT BE SENT, MORE THAN TWO YEARS AFTER THE EXPIRATION OF THE TIME PRESCRIBED FOR CONTESTING AN ALLEGATION OF LIABILITY. WHEN A PERSON HAS DEMANDED A HEARING, NO FINE OR PENALTY SHALL BE IMPOSED FOR ANY REASON PRIOR TO THE HOLDING OF THE HEARING. IF THE HEARING EXAMINER SHALL MAKE A DETERMI- NATION ON THE CHARGES, SUSTAINING THEM, HE OR SHE SHALL IMPOSE NO GREAT- ER PENALTY OR FINE THAN THOSE UPON WHICH THE PERSON WAS ORIGINALLY CHARGED. § 12. Subdivision 5-a of section 401 of the vehicle and traffic law is amended by adding a new paragraph a-1 to read as follows: A-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER- EOF THERE IS A CERTIFICATION FROM A COURT OR ADMINISTRATIVE TRIBUNAL OF APPROPRIATE JURISDICTION THAT THE REGISTRANT OR HIS OR HER REPRESEN- S. 8052--C 8 TATIVE FAILED TO APPEAR ON THE RETURN DATE OR ANY SUBSEQUENT ADJOURNED DATE OR FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF AN ADMINIS- TRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION IN RESPONSE TO A TOTAL OF THREE OR MORE SUMMONSES OR OTHER PROCESS IN THE AGGREGATE, ISSUED WITHIN AN EIGHTEEN-MONTH PERIOD, CHARGING THAT THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER, THE COMMISSIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRA- TION OR RENEWAL APPLICATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE COURT OR ADMINISTRATIVE TRIBUNAL WHEREIN THE CHARGES ARE PENDING THAT AN APPEARANCE OR ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL THAT HE OR SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION. WHERE AN APPLICATION IS DENIED PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR HER DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVI- SION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES REMAIN UNANSWERED, OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE REGISTRANT FAILS TO COMPLY WITH THE RULES AND REGULATIONS FOLLOWING ENTRY OF A FINAL DECISION. § 13. Section 1110 of the vehicle and traffic law is amended by adding a new subdivision (f) to read as follows: (F) EVERY PERSON SHALL OBEY THE INSTRUCTIONS OF ANY OFFICIAL TRAFFIC- CONTROL DEVICE PLACED TO DELINEATE HIGH-OCCUPANCY VEHICLE LANE RESTRICTIONS UNDER THE TEMPORARY HOV PROGRAM ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, UNLESS OTHERWISE DIRECTED BY A TRAFFIC OR POLICE OFFICER, SUBJECT TO THE EXCEPTIONS GRANTED THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE IN THIS TITLE. § 14. The vehicle and traffic law is amended by adding a new section 1110-a to read as follows: § 1110-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH TEMPORARY HIGH-OCCUPANCY VEHICLE PROGRAM RESTRICTIONS. (A) 1. NOTWITH- STANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IN CONSULTA- TION WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM ON THE WILLIAMSBURG BRIDGE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH HOV RESTRICTIONS ON SUCH BRIDGE IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF TRANSPORTA- TION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE HOV PHOTO DEVICES ONLY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG BRIDGE IN SUCH CITY. SUCH HOV PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION. 2. ANY IMAGE OR IMAGES CAPTURED OR PRODUCED BY AN HOV PHOTO DEVICE SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGE TO BE PRODUCED. 3. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN- TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY AN HOV PHOTO DEVICE, S. 8052--C 9 PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE PRODUCED BY AN HOV PHOTO DEVICE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSEN- GERS, OR THE CONTENTS OF A VEHICLE, PROVIDED THAT THE CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. SUCH PROTECTIVE MEASURES SHALL INCLUDE: (I) THE UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE THAT IMAGES PRODUCED BY SUCH HOV PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI- FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE; (II) A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY HOV PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER; (C) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR (D) AS OTHERWISE REQUIRED BY LAW; (III) THE INSTALLATION OF SIGNAGE IN ADVANCE OF ENTRY POINTS TO DESIG- NATED HOV AREAS STATING THAT HOV PHOTO DEVICES ARE USED TO ENFORCE HOV RESTRICTIONS; AND (IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED PRIVACY PROTECTION MEASURES. 4. WITHIN THE CITY OF NEW YORK, SUCH HOV PHOTO DEVICES USED IN ACCORD- ANCE WITH THE TEMPORARY HOV PROGRAM SHALL ONLY BE OPERATED WITHIN DESIG- NATED HOV AREAS ON THE WILLIAMSBURG BRIDGE DURING PERIODS TO BE DETER- MINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IN ORDER TO FACILITATE TRAFFIC MANAGEMENT. DETERMINATION OF SUCH PERIODS SHALL BE MADE BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL TRAFFIC ANALYSES CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC, AND GUIDANCE FROM APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION STRATEGIES. (B) IF THE CITY OF NEW YORK HAS ESTABLISHED A TEMPORARY HOV PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY HOV RESTRICTIONS THAT APPLY, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM AN HOV PHOTO DEVICE; PROVIDED, HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY HOV RESTRICTIONS. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 2. "HIGH-OCCUPANCY VEHICLE" OR "HOV" SHALL MEAN VEHICLES WITH A HIGH NUMBER OF OCCUPANTS AS DETERMINED IN RULES PROMULGATED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. 3. "HOV PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF HOV RESTRICTIONS. 4. "HOV RESTRICTIONS" SHALL MEAN RESTRICTIONS, WITHIN THE TEMPORARY HOV PROGRAM, ON THE USE OF DESIGNATED AREAS OF THE WILLIAMSBURG BRIDGE, DURING TIME PERIODS TO BE DEFINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, BY A VEHICLE OTHER THAN: (I) AN HOV; (II) A VEHICLE REGISTERED AS A COMMERCIAL VEHICLE PURSUANT TO PART ONE HUNDRED SIX OF TITLE FIFTEEN OF THE NEW YORK CODES, RULES AND REGULATIONS; (III) AN S. 8052--C 10 AUTHORIZED EMERGENCY VEHICLE; (IV) AN ACCESS-A-RIDE VEHICLE AS DEFINED IN CHAPTER FIVE OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW YORK; OR (V) A BUS. 5. "TEMPORARY HOV PROGRAM" SHALL MEAN A TEMPORARY PROGRAM THAT OPER- ATES EXCLUSIVELY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG BRIDGE DURING PERIODS OF HIGH-TRAFFIC VOLUME TO BE DETERMINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. DETERMINATION OF SUCH PERIODS SHALL BE MADE BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL TRAFFIC ANALYSES CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC, AND GUIDANCE FROM APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION STRATEGIES. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY AN HOV PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. (E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE SHALL BE LIABLE FOR MONETARY PENAL- TIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED THIRTY-FIVE DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- CLE INSURANCE COVERAGE. (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI- NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE HOV PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY S. 8052--C 11 AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. 5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVI- SION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. (I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE, PROVIDED THAT: (I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER; AND (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. 3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU- ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION. (J) IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR. (K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE. § 15. The opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10 of chapter 222 of the laws of 2015, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred S. 8052--C 12 eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chap- ter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP- TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section S. 8052--C 13 eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of fifty-five dollars. § 15-a. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-a of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, parking or motor vehicle equip- ment or violations by pedestrians or bicyclists, or other than an adju- dication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdi- vision (d) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. § 15-b. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-b of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdi- vision (d) of section eleven hundred eleven of this chapter in accord- ance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision S. 8052--C 14 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-c. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-c of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accord- ance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-d. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-d of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accord- ance with section eleven hundred eighty-c of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION S. 8052--C 15 ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-e. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-e of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-f. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 10-f of chapter 222 of the laws of 2015, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 15-g. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by chapter 16 of the laws of 1983 and chapter 62 of the laws of 1989, is amended to read as follows: 1. Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a crime under this chapter or a traffic infraction under this chapter other than a traffic infraction involving standing, stopping, parking or motor vehicle equipment or violations by pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 16. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11 of chapter 222 of the laws of 2015, is amended to read as follows: S. 8052--C 16 a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter, or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP- TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twen- ty-eight dollars. § 16-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-a of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication in accordance with section eleven hundred eleven-c of this chapter of a violation of a bus lane restriction as defined in such section, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision S. 8052--C 17 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- ter in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-b of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-b of this chapter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-c of this chapter, and except an adjudication of liabil- ity of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authori- ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permit- ted by law, an additional surcharge of twenty-eight dollars. § 16-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-c of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- S. 8052--C 18 ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eight- y-c of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJU- DICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-d of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred eleven-d of this chap- ter or in accordance with section eleven hundred eleven-e of this chap- ter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 11-e of chapter 222 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter or in accordance with section eleven hundred-e of this chapter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred S. 8052--C 19 eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 16-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 5 of part C of chapter 55 of the laws of 2013, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, and except an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chap- ter, and except an adjudication of liability of an owner for a violation of toll collection regulations pursuant to section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 17. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (p) to read as follows: (P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED TEN-A OF THE VEHICLE AND TRAFFIC LAW. § 18. The New York city department of transportation shall: (i) prior to implementing a temporary high-occupancy vehicle (HOV) program on the Williamsburg bridge as authorized by section 1110-a of the vehicle and traffic law, as added by section fourteen of this act, and in consulta- tion with the metropolitan transportation authority, in accordance with subdivision 4 of section 1268 of the public authorities law, as added by section four of this act, communicate to the public, including the affected communities in New York and Kings counties, the plan for HOV restrictions so as to maximize awareness of such temporary HOV program; (ii) for at least 40 days prior to implementing such temporary HOV program, send by first class mail notice of such upcoming implementation to the owner of any vehicle that is not a bus, a commercial vehicle, an authorized emergency vehicle, or an access-a-ride vehicle, identified as having been driven on the Williamsburg bridge with fewer than three occupants during time periods defined by the New York city department of transportation in accordance with the provisions of section 1110-a of the vehicle and traffic law, as added by section fourteen of this act; and (iii) take such measures as are necessary to implement such tempo- rary HOV program prior to its implementation, including promulgating any rules and regulations necessary for the implementation of this act. S. 8052--C 20 Failure to comply with the provisions of this section shall not affect the validity or implementation of the temporary HOV program authorized by section 1110-a of the vehicle and traffic law, as added by section fourteen of this act. § 19. The purchase or lease of equipment for a program established pursuant to section 1110-a of the vehicle and traffic law shall be subject to the provisions of section 103 of the general municipal law. § 20. (a) This act shall take effect immediately provided, however, that sections one through three of this act shall expire and be deemed repealed September 1, 2020; provided, however, that the amendments to paragraph 5 of subdivision (c) of section 1111-c of the vehicle and traffic law, made by section three of this act, shall not affect the repeal of such section and shall be deemed repealed therewith provided, further, that sections four through seventeen and section nineteen of this act shall take effect April 1, 2019, and sections four through nineteen of this act shall expire and be deemed repealed July 1, 2020, except that if the metropolitan transportation authority completes repairs on the Canarsie tunnel prior to July 1, 2020, sections four through nineteen of this act shall expire and be deemed repealed on such prior date; provided that the metropolitan transportation authority shall notify the legislative bill drafting commission upon the occur- rence of such completion of the Canarsie tunnel occurring prior to July 1, 2020 in order that the commission may maintain an accurate and timely effective database of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law; (b) notwithstanding the expiration and repeal of certain provisions of this act, any violations issued prior to July 1, 2020 or the prior date upon which sections four through nineteen of this act expires and is deemed repealed pursuant to subdivision (a) of this section, whichever occurs first, may be adjudicated after such date; (c) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-a of this act shall take effect; (d) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-b of this act shall take effect; (e) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-b of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-c of this act shall take effect; (f) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-c of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-d of this act shall take effect; (g) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-d of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-e of this act shall take effect; S. 8052--C 21 (h) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-e of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-f of this act shall take effect; (i) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section fifteen-f of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section fifteen-g of this act shall take effect; (j) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-a of this act shall take effect; (k) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-b of this act shall take effect; (l) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-c of this act shall take effect; (m) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-c of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-d of this act shall take effect; (n) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-d of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-e of this act shall take effect; and (o) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section sixteen-e of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section sixteen-f of this act shall take effect.
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