NY State Senate Bill 2019-S7766

Senate Bill S7766

2019-2020 Legislative Session

Relates to the board submitting a recommendation regarding the central business district toll amounts to the legislature and recommending a privacy risk plan

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 18, 2020	referred to transportation

2019-S7766 (ACTIVE) - Details

See Assembly Version of this Bill:: A9807
Current Committee:: Senate Transportation
Law Section:: Public Authorities Law
Laws Affected:: Amd §553-k, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A4797
2023-2024: A3063

2019-S7766 (ACTIVE) - Summary

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

2019-S7766 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7766

SPONSOR: FLANAGAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the Legislature to approve the initial central
business district tolling program before such toll amounts established
and adopted by the Triborough bridge and tunnel authority board. This
bill would also require the traffic mobility review board to recommend a
privacy risk plan in relation to the collection, processing, transfer,
and disclosure of personal data.

 
SUMMARY OF PROVISIONS:

Section one sets forth the legislative intent of the bill.

Section two of the bill requires the traffic mobility review board to
make their central business district toll amount recommendations by
October 15, 2020. The bill then requires that the recommendations be
submitted to the Legislature for approval, and requires that the Legis-
lature vote on the recommendations by January 31, 2021. Only if the
recommendations are approved by the Legislature will they then be sent
to the Triborough Bridge and Tunnel Authority for consideration.  Addi-
tionally, section one requires that the traffic mobility review board
recommend a privacy risk plan in relation to the collection, processing,
transfer, and disclosure of personal data.

Section three provides the effective date.

 
JUSTIFICATION:

This bill would ensure a timely recommendation by both the traffic
mobility review board, and the Legislature, so that a central business
district tolling policy can be effectively established with requisite
input.

The central business district tolling program will affect a variety of
New York State citizens, and a prompt establishment of said program will
bring clarity for ratepayers while generating revenue for much-needed
system improvements.

Additionally, safeguards against the collection and dissemination of
personal data are always critical in the 21st century; requiring a
privacy risk plan and affirmative consent by individuals will ensure
that protection.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
Immediately.

2019-S7766 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7766
 
                             I N  S E N A T E
 
                             February 18, 2020
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the public authorities law, in  relation  to  the  board
   submitting  a  recommendation  regarding the central business district
   toll amounts to the legislature and recommending a privacy risk plan

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 legislative  accountability  is a core element in any democratic polity.
 The commuter tax legislation passed last year  tried  to  sidestep  that
 accountability  by  passing  off the burden of establishing the commuter
 tax rates to unelected bureaucrats and announcing such  rates  the  week
 after  the  2020  election.   This legislation would restore the crucial
 element of legislative accountability by requiring  not  only  that  the
 legislature  approve any rate established for the commuter tax, but also
 conditioning that approval be made before the upcoming election.
   § 2. Subdivisions 2 and 3 of section 553-k of the  public  authorities
 law, as added by section 8 of subpart A of part ZZZ of chapter 59 of the
 laws of 2019, are amended to read as follows:
   2.  The  board shall make a recommendation regarding the central busi-
 ness district toll amounts to be established pursuant to article  forty-
 four-C  of  the vehicle and traffic law, which shall include a variable-
 pricing structure, no [sooner] LATER than [November] OCTOBER  fifteenth,
 two  thousand twenty [and no later than December thirty-first, two thou-
 sand twenty, or no later than thirty  days  before  a  central  business
 district  tolling program is initiated, whichever is later]. Such recom-
 mendation shall be submitted to  the  LEGISLATURE  FOR  APPROVAL.    THE
 LEGISLATURE  SHALL  VOTE ON SUCH RECOMMENDATION BY JANUARY THIRTY-FIRST,
 TWO THOUSAND TWENTY-ONE. THE AUTHORITY SHALL ONLY BE PERMITTED TO ESTAB-
 LISH CENTRAL BUSINESS TOLL DISTRICT AMOUNTS IF APPROVED BY THE  LEGISLA-
 TURE.  IF  APPROVED  BY  THE  LEGISLATURE,  SUCH RECOMMENDATION SHALL BE
 SUBMITTED TO THE board of the Triborough bridge and tunnel authority for
 consideration before the Triborough bridge and  tunnel  authority  board
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14855-02-0

 S. 7766                             2
 
 may  approve  central  business district toll amounts that may be estab-
 lished and adopted.
   3.  For  purposes  of recommending a central business district toll or
 tolls in addition to the goal of reducing  traffic  within  the  central
 business  district,  the  board  shall,  at  minimum, ensure that annual
 revenues and fees collected under  such  program,  less  costs  of  such
 program, provide for revenues into the central business district tolling
 capital  lockbox  fund,  established  pursuant  to  section five hundred
 fifty-three-j of this [chapter] TITLE, necessary to fund fifteen billion
 dollars for capital projects for the 2020 to 2024 capital  program,  and
 any  additional  revenues  above  that  amount  to  be available for any
 successor program. The board shall consider for purposes of  its  recom-
 mendations,  factors  including  but  not  limited to, traffic patterns,
 traffic mitigation measures,  operating  costs,  public  impact,  public
 safety,  hardships,  vehicle  type,  discounts for motorcycles, peak and
 off-peak rates and environmental impacts, including but not  limited  to
 air  quality  and emissions trends. The board shall recommend a plan for
 credits, discounts, and/or exemptions for  tolls  paid  on  bridges  and
 crossings which shall be informed by a traffic study associated with the
 impact  of  any  such credits, discounts and/or exemptions on the recom-
 mended toll. The board shall recommend a plan  for  credits,  discounts,
 and/or  exemptions  for  for-hire  vehicles  defined,  and  subject to a
 surcharge imposed by, article twenty-nine-C of the tax law  for  a  for-
 hire transportation trip based on factors including, but not limited to,
 initial  market  entry  costs  associated with licensing and regulation,
 comparative contribution to congestion in the central business district,
 and general industry impact. THE BOARD SHALL RECOMMEND  A  PRIVACY  RISK
 PLAN  IN RELATION TO THE COLLECTION, PROCESSING, TRANSFER AND DISCLOSURE
 OF PERSONAL DATA, INCLUDING, BUT NOT LIMITED TO, HISTORICAL OR REAL-TIME
 GEOLOCATION DATA, UNDER SUCH A PROGRAM AND REQUIRE THAT USE,  DISCLOSURE
 OR  ACCESS  TO  AN INDIVIDUAL'S PERSONAL DATA SHALL REQUIRE AFFIRMATIVE,
 EXPRESS CONSENT OF THE INDIVIDUAL. The board shall  produce  a  detailed
 report that provides information regarding the board's review and analy-
 sis  for purposes of establishing its recommendations, including but not
 limited to, all of the considerations referred to in  this  subdivision.
 The  board shall not recommend a toll that provides for charging passen-
 ger vehicles registered pursuant to  subdivision  six  of  section  four
 hundred one of the vehicle and traffic law more than once per day.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.