S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2895--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2023
                                ___________
 
 Introduced  by  M.  of  A. GONZALEZ-ROJAS, MAMDANI, DINOWITZ, SEAWRIGHT,
   SEPTIMO, SIMONE,  GALLAGHER,  MITAYNES,  SHRESTHA,  CARROLL,  HYNDMAN,
   CUNNINGHAM,  SIMON,  DARLING,  TAPIA  -- read once and referred to the
   Committee on Ways and Means --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend the state finance law, the public authorities law and
   the tax law, in relation to directing payment of  certain  taxes  into
   the  central business district tolling capital lockbox fund to be made
   without appropriation
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 4 of the state finance law is amended by adding a
 new subdivision 14 to read as follows:
   14. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION AND ANY OTHER  LAW
 TO THE CONTRARY, THE REVENUE (INCLUDING FEES, TAXES, INTEREST AND PENAL-
 TIES)  FROM THE TAXES IMPOSED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH
 FIVE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF  THE  TAX
 LAW  WHICH  ARE  PAID IN ACCORDANCE WITH SUBDIVISION ONE OF SECTION FIVE
 HUNDRED FIFTY-THREE-J OF THE PUBLIC AUTHORITIES  LAW  INTO  THE  CENTRAL
 BUSINESS  DISTRICT  TOLLING  CAPITAL LOCKBOX FUND ESTABLISHED BY SECTION
 FIVE HUNDRED FIFTY-THREE-J OF THE PUBLIC AUTHORITIES LAW SHALL BE  ALLO-
 CATED PURSUANT TO STATUTE BUT WITHOUT APPROPRIATION.
   § 2. Subdivision 3 of section 99-ff of the state finance law, as added
 by  section  6-c of part G of chapter 59 of the laws of 2019, is amended
 to read as follows:
   3. Uses of funds. [Following appropriation by the legislature, moneys]
 MONEYS shall be available  for  distribution  to  the  central  business
 district  tolling  capital  lockbox FUND established pursuant to section
 five hundred fifty-three-j of the public authorities law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02284-02-3
 A. 2895--A                          2
 
              

   § 3. Subdivision 1 of section 553-j of the public authorities law,  as
 added by section 5 of subpart A of part ZZZ of chapter 59 of the laws of
 2019, is amended to read as follows:
   1.  The  authority  shall  establish a fund to be known as the central
 business district tolling capital lockbox fund which shall be kept sepa-
 rate from and shall not be commingled  with  any  other  monies  of  the
 authority. The fund shall consist of all monies received by the authori-
 ty  pursuant  to  article  forty-four-C  of the vehicle and traffic law,
 subdivision twelve-a of section five hundred fifty-three of this  title,
 and  revenues  of  the  real  estate  transfer tax deposited pursuant to
 subdivision (b) of section fourteen hundred twenty-one of the  tax  law,
 and  sales  tax  pursuant  to  subdivision (c) of section eleven hundred
 forty-eight of the tax law,  [subparagraph  (B)  of  paragraph  five  of
 subdivision (c) of section twelve hundred sixty-one of the tax law, and]
 funds  appropriated from the central business district trust fund estab-
 lished pursuant to section [ninty-nine-ff] NINETY-NINE-FF of  the  state
 finance  law,  AND,  WITHOUT APPROPRIATION, THE REVENUE INCLUDING TAXES,
 INTEREST AND PENALTIES COLLECTED IN ACCORDANCE WITH SUBPARAGRAPH (II) OF
 PARAGRAPH FIVE OF SUBDIVISION (C) OF SECTION TWELVE HUNDRED SIXTY-ONE OF
 THE TAX LAW.
   § 4. Subdivision (c) of section 1148 of  the  tax  law,  as  added  by
 section  6-a  of part G of chapter 59 of the laws of 2019, is amended to
 read as follows:
   (c) Provided however, after funds are distributed pursuant to subdivi-
 sion (b) of this section but before such funds are distributed  pursuant
 to  subdivision  (a)  of  this  section, funds shall be deposited by the
 comptroller into the New  York  central  business  district  trust  fund
 established  pursuant to section ninety-nine-ff of the state finance law
 in accordance with the following schedule: (1) in state fiscal year  two
 thousand nineteen - two thousand twenty, one hundred twelve million five
 hundred thousand dollars; (2) in state fiscal year two thousand twenty -
 two  thousand  twenty-one, one hundred fifty million dollars; and (3) in
 state fiscal year two thousand twenty-one - two thousand twenty-two  and
 every  succeeding  state fiscal year, an amount equal to one hundred one
 percent of the amount  deposited  in  the  immediately  preceding  state
 fiscal  year.  The  funds  deposited  into the New York central business
 district trust fund shall be deposited  monthly  in  equal  installments
 WITHOUT APPROPRIATION.
   §  5.  Subparagraph  (ii) of paragraph 5 of subdivision (c) of section
 1261 of the tax law, as amended by section 2 of part RR of chapter 57 of
 the laws of 2022, is amended to read as follows:
   (ii) After withholding the taxes, penalties and  interest  imposed  by
 the  city  of  New York on and after August first, two thousand eight as
 provided in subparagraph (i) of this paragraph,  the  comptroller  shall
 withhold  a  portion of such taxes, penalties and interest sufficient to
 deposit annually into the  central  business  district  tolling  capital
 lockbox  established  pursuant  to section five hundred fifty-three-j of
 the public authorities law: (A) in state fiscal year two thousand  nine-
 teen  -  two  thousand  twenty,  one  hundred  twenty-seven million five
 hundred thousand dollars; (B) in state fiscal year two thousand twenty -
 two thousand twenty-one, one hundred seventy  million  dollars;  (C)  in
 state  fiscal year two thousand twenty-one - two thousand twenty-two and
 every succeeding state fiscal year, an amount equal to one  hundred  one
 percent  of  the  amount  deposited  in  the immediately preceding state
 fiscal year. The funds shall be deposited monthly in equal  installments
 WITHOUT  APPROPRIATION.  During  the  period  that  the  comptroller  is
 A. 2895--A                          3

 required to withhold amounts and make payments described in  this  para-
 graph,  the  city  of  New York has no right, title or interest in or to
 those taxes, penalties and interest required to be paid into  the  above
 referenced  central  business district tolling capital lockbox. In addi-
 tion, the comptroller shall withhold a portion of such taxes,  penalties
 and  interest  in the amount of one hundred fifty million dollars, to be
 withheld in four quarterly  installments  on  January  fifteenth,  April
 fifteenth,  July fifteenth and October fifteenth of each year, and shall
 deposit such  amounts  into  the  New  York  State  Agency  Trust  Fund,
 Distressed Provider Assistance Account.
   §  6.  Subparagraph  (ii) of paragraph 5 of subdivision (c) of section
 1261 of the tax law, as added by section 6-b of part G of chapter 59  of
 the laws of 2019, is amended to read as follows:
   (ii)  After  withholding  the taxes, penalties and interest imposed by
 the city of New York on and after August first, two  thousand  eight  as
 provided  in  subparagraph  (i) of this paragraph, the comptroller shall
 withhold a portion of such taxes, penalties and interest  sufficient  to
 deposit  annually  into  the  central  business district tolling capital
 lockbox established pursuant to section five  hundred  fifty-three-j  of
 the  public authorities law: (A) in state fiscal year two thousand nine-
 teen - two  thousand  twenty,  one  hundred  twenty-seven  million  five
 hundred thousand dollars; (B) in state fiscal year two thousand twenty -
 two thousand twenty-one, one hundred seventy million dollars; and (C) in
 state  fiscal year two thousand twenty-one - two thousand twenty-two and
 every succeeding state fiscal year, an amount equal to one  hundred  one
 percent  of  the  amount  deposited  in  the immediately preceding state
 fiscal year. The funds shall be deposited monthly in equal  installments
 WITHOUT  APPROPRIATION.  During  the  period  that  the  comptroller  is
 required to withhold amounts and make payments described in  this  para-
 graph,  the  city  of  New York has no right, title or interest in or to
 those taxes, penalties and interest required to be paid into  the  above
 referenced central business district tolling capital lockbox.
   §  7. This act shall take effect immediately; provided that the amend-
 ments to subparagraph (ii) of paragraph 5 of subdivision (c) of  section
 1261 of the tax law made by section five of this act shall be subject to
 the  expiration and reversion of such subparagraph pursuant to section 5
 of part ZZ of chapter 56 of the laws of 2020, as amended, when upon such
 date the provisions of section six of this act shall take effect.