Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Feb 24, 2025 |
referred to finance |
Senate Bill S5552
2025-2026 Legislative Session
Establishes the green accessible transition authority and establishes a for-hire vehicle improvement surcharge; appropriation
download bill text pdfSponsored By
(D, WF) 18th Senate District
Current Bill Status - In Senate Committee Finance Committee
- Introduced
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- 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
2025-S5552 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6635
- Current Committee:
- Senate Finance
- Law Section:
- Appropriations
- Laws Affected:
- Add Art 8 Title 7 §§1750 - 1766, Pub Auth L; add Art 29-E §§1299-aa - 1299-ff, Tax L
- Versions Introduced in 2023-2024 Legislative Session:
-
S9528, A10454
2025-S5552 (ACTIVE) - Summary
Establishes the green accessible transition authority to promote the transition of the for-hire vehicle and other state industries to environmentally sustainable practices and increase universal accessibility of for-hire vehicles, paratransit services, and taxi services statewide; establishes a for-hire vehicle improvement surcharge for each for-hire transportation trip conducted in a transportation network company vehicle or by a high-volume for-hire service; makes an appropriation therefor.
2025-S5552 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5552 SPONSOR: SALAZAR TITLE OF BILL: An act to amend the public authorities law, in relation to establishing the green accessible transition authority; to amend the tax law, in relation to establishing a for-hire vehicle improvement surcharge; and making an appropriation therefor PURPOSE OR GENERAL IDEA OF BILL: To create a $1 surcharge on all rideshare trips, which would fund the Green Accessible Transition Authority. This new authority would aid rideshare drivers and paratransit agencies in purchasing electric and/or wheelchair accessible vehicles and help underemployed drivers transition from rideshare driving to green jobs. Once those main purposes are complete, the Authority is allowed to aid in any other ways to move the State towards its CLCPA goals. SUMMARY OF PROVISIONS:
Section 1 establishes this act to be known as the "Green Accessible Transition Act." Section 2 sets out legislative findings, including that the for-hire vehicle industry is at the center of three interlinked issues - for-hire vehicle driver poverty, climate change, and a lack of wheelchair acces- sibility. In response to this, Section 2 declares that the state must create the Green Accessible Transition Authority, which will have the power to combat these crises. Section 3 amends Article 8 of the public authorities law by adding a new title 7. § 1750 of the new title prescribes definitions. § 1751 of the new title creates the green accessible transition authori- ty. § 1752 of the new title lays out the membership of the authority and how they shall be appointed. § 1753 of the new title describes the purposes, powers, and duties of the new authority. Among its duties is that the authority shall not give, grant, loan, or gift money to any initiative that furthers depend- ence on fossil fuels. § 1754 of the new title delineates further powers of the authority, including administering a co-investment program to aid for-hire vehicle drivers in purchasing vehicles that are both zero-emission and wheel- chair accessible, funding the development of infrastructure to support electric and wheelchair accessible vehicles, and helping for-hire vehi- cle drivers transition into public service or green jobs once zero-emis- sion and wheelchair-accessible vehicle transition goals are met. Addi- tionally, the authority will have the power to collect data from for-hire vehicle companies on the number of wheelchair accessible and electric vehicles operating in each county/region and the number of trips they are taking, which they can use to publish studies to set goals and standards to transition the industry to zero-emissions and wheelchair-accessible vehicles. Furthermore, they can convene a task- force to assess the availability of zero-emissions and wheelchair-acces- sible vehicles and work with government authorities, automakers, and retrofitters to rapidly develop and manufacture such vehicles. Lastly, the authority will have the power to fund programs to increase paratran- sit reliability and access across the state. § 1755 of the new title establishes the green accessible transition fund, which will be money received by the authority pursuant to the provisions of section twelve hundred ninety-nine-ff of the tax law in accordance with the provisions thereof. This money shall be used for programs administered by the authority. § 1756 of the new title outlines accounts and funding of the authority. § 1757 of the new title exempts the authority from taxes, assessments, and certain fees. § 1758 of the new title requires the authority to be subject to an annu- al audit and report by the state comptroller. § 1759 of the new title describes the labor and procurement stands of the authority. These requirements include that any project done by the authority must be a public work project and use materials produced in whole or substantial part in the US. Workers must be paid prevailing wages consistent with article nine of the labor law for building services work. No project should result in the partial or full displace- ment of workers or loss of current positions or the transfer of existing duties to contractors. For procurement, the authority must use a system that includes a best-value contracting framework that requires offerors to include aspects such as an employment plan and a commitment to create high-quality jobs for disadvantaged or underrepresented individuals to the greatest extent possible. § 1760 of the new title gives the authority power to issue bonds and notes. S 1761 of the new title allows the authority to establish reserve funds. § 1762 of the new title exempts the authority from paying taxes on its bonds and notes. § 1763 of the new title makes the authority's bonds and notes legal investments for fiduciaries. § 1764 of the new title allows the state to require the redemption of bonds. § 1765 of the new title determines the rights and remedies of bondhold- ers and noteholders. § 1766 of the new title absolves the state of liability on the authori- ty's bonds and notes. Section 4 amends the tax law to add a new article 29-E. 1299-aa of the new article determines definitions. § 1299-bb of the new article imposes a surcharge of $1 on all for-hire vehicle transportation trips. § 1299-cc of the new article explains who has the liability for this surcharge. The for-hire vehicle company is liable, but the surcharge shall be passed on to the passenger. § 1299-dd of the new article provides for the returns and payment of said surcharge, from those liable for the surcharge to the commissioner § 1299-ee of the new article sets forth which records must be kept by those liable for the surcharge. § 1299-ff of the new article requires the deposit and disposition of all revenue collected from the surcharge daily with such responsible banks, banking houses, or trust companies. Section 5 appropriates $10,000,000 to the green accessible transition authority from the general fund. Section 6 provides that the act shall take effect immediately. JUSTIFICATION: The Green Accessible Transition Authority would create programs to help for-hire vehicle (FHV) drivers buy zero-emission and wheelchair-accessi- ble vehicles and to expand paratransit access across the state, as well as to create more electric vehicle charging stations. Furthermore, once the zero-emission and wheelchair-accessible vehicle transition goals are met, the Authority will have the power to invest in other projects, such as helping FHV drivers transition into green jobs. The Authority would utilize a Jobs Plan to encourage electric vehicle manufacturers to commit to good wages, benefits and training as part of its evaluation process for eligible vendors. All of this will be done without raising the income tax; funding will instead come from a $1 surcharge on all FHV trips, mirroring the already existing surcharges on taxis and FHVs, like the Black Car Fund. We can help New York State's rideshare driver work- force, which is predominantly immigrants and people of color, escape poverty; create unprecedented mobility for New Yorkers who use wheel- chairs; clean our air; and meet climate goals through a just, green transition for New York State. Rideshare driver earnings are in the lowest 10% of all occupations in the United States. This led the City of New York to establish the first- ever pay regulations for app-based drivers, but long hours and low pay remains the norm for most of the for-hire vehicle industry's 90% immi- grant, predominantly people of color workforce of over 84,000 active drivers in NYC. The situation is even worse outside across the rest of the state, where driver pay is entirely unregulated. In addition to these issues with workers' rights, New York's fleet of rideshare vehicles is a major source of greenhouse gas emissions that drive climate change. In New York City alone, a fleet of 81,000 gaso- line-fueled rideshare vehicles puts 1.4 million tons of CO2 into the atmosphere every year, a 62% increase from 2013 to 2018 as the FHV fleet ballooned. Lastly, as of 2023, there were only around 3,400 wheelchair-accessible vehicles (WAVs) out of 94,000 FHVs in NYC, and in regions other than NYC, New York does not collect or publish data on accessible FHVs. The result is that those who need these vehicles often have long wait times or cannot find a wheelchair accessible ride at all. Meanwhile, the para- transit systems in NYC and across the state are limited and dysfunction- al, with no elevators in over 70% of MTA stations as of 2022 and a scar- city of reliable and accessible mass transit systems outside the city. However, they remain necessary as mass transit. All of this means that wheelchair users and New Yorkers with mobility impairments have a much harder time getting anywhere on public transit and paratransit, cannot rely on accessible FHVs, and face major barriers to employment, educa- tion, healthcare, and civic participation. These intersecting crises - climate change, workers' rights, and disa- bility access - mean that we must act now. The State, along with many municipalities throughout, have long promised to uphold the goals of the CLCPA, expand paratransit services, and protect workers. All these promises continue to go unmet. None of these issues will go away on their own, and it is on the State to combat these worsening issues. LEGISLATIVE HISTORY: SENATE 2024: S9528 (Salazar) - Referred to Finance ASSEMBLY 2024: A10454 (Gonzalez-Rojas) - Referred to Corporations, Authorities, and Commissions FISCAL IMPLICATIONS: This bill would cost the state $10,000,000 as an appropriation to the green transition authority from the general fund, but it is expected to generate over $260 million from NYC-based trips alone for the authority to use. This bill would reduce the costly burden of climate change by transitioning for-hire vehicles to electric ones, and would also give for-hire vehicle drivers the option to transition to jobs that are high- er paying and better for the environment, all of which would save the state money on things like health insurance and social assistance programs. EFFECTIVE DATE: This act shall take effect immediately.
2025-S5552 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5552 2025-2026 Regular Sessions I N S E N A T E February 24, 2025 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the public authorities law, in relation to establishing the green accessible transition authority; to amend the tax law, in relation to establishing a for-hire vehicle improvement surcharge; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "green accessible transition act". § 2. Legislative findings and declaration. The legislature finds and declares that: 1. New York State's For-Hire Vehicle (FHV) industry is at the center of three interlinked crises that impact FHV drivers, people with disa- bilities, and the environment. a. FHV driver poverty. Rideshare driver earnings are in the lowest 10% of all occupations in the United States. This led the City of New York to establish the first-ever pay regulations for app-based drivers, but long hours and low pay remain the norm for most of the for-hire vehicle industry's 91% immigrant, predominantly people of color workforce of over 60,000 active drivers in NYC and for thousands more drivers across the state. Earnings from trips are only half the problem. Union surveys indicate that on average, each driver must spend $31,000 per year for the things they need to do their job: a vehicle, gas, repairs, and insurance. Vehicle costs push drivers into poverty. Unfunded mandates to transition to electric vehicles, such as that of the City of New York's "Green Rides" program, risk deepening this crisis. b. Climate change. New York's fleet of rideshare vehicles is a major source of greenhouse gas emissions that drive climate change. In New York City alone, a fleet of 81,000 gasoline-fueled rideshare vehicles puts 1.4 million tons of CO2 into the atmosphere every year, a 62% EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01021-02-5
S. 5552 2 increase from 2013 to 2018 as the FHV fleet ballooned. Transportation generates approximately 30% of New York City's total carbon emissions, with the FHV fleet responsible for a substantial portion of this total. The massive increase in emissions from the FHV fleet has moved New York City away from the goal established by the City Council of zero carbon emissions by 2050. Statewide, rideshare vehicles are a disproportionate driver of greenhouse gas emissions that cause climate change because they are on the road more hours than privately-used vehicles. Addi- tionally, the State is far behind the curve in meeting its emissions reductions and renewable energy production established by the Climate Leadership and Community Protection Act (CLCPA). c. Wheelchair accessibility. Very few rideshare vehicles are wheel- chair accessible across New York State. In 2011, people with disabili- ties launched a campaign to bring New York City's taxicab fleet into line with the requirements of the Americans with Disabilities Act (ADA). In 2014, the campaign won a consent decree that mandated that half of the taxicab fleet of 13,587 vehicles would be made up of Wheelchair Accessible Vehicles (WAVs) by 2020. The 2013 decree was enhanced by an August 29, 2024 court order requiring all new taxis to be wheelchair accessible until half of all taxis are accessible. To fund this mandate, in 2014 the City of New York created a 30-cent surcharge on all yellow and green cab rides to establish a Taxicab Improvement Fund (TIF) which would issue grants of up to $30,000 to medallion owners to buy and main- tain accessible vehicles. This surcharge was recently increased to $1/trip. To date, 3,564 WAV vehicles, which is less than half the fleet of 13,587 taxis, have been purchased and deployed as taxis. Only around half the medallion fleet has come back on the road since the start of the pandemic. The Taxis For All Campaign advocated for accessibility in New York City's FHV fleets; in response, the New York City Taxi and Limousine Commission approved performance standards for these fleets, requiring them to serve wheelchair users within 15 minutes of a ride request. However, with no funding available on the for-hire vehicle side of the industry, only 3,373 out of a total of 94,000 FHVs in New York City are wheelchair accessible. Statewide, there is no mandate for taxi or for-hire vehicle accessibility, and wheelchair accessible vehicles are essentially non-existent, in spite of efforts by advocates to require wheelchair accessibility when the state passed legislation to allow FHVs to operate. In practical terms, the failure to provide wheel- chair accessible FHVs and taxis means that persons with disabilities who need to use WAVs are unable to get jobs, attend school, or otherwise fully participate in the civic and public life of their communities. Instead, they must rely on woefully inadequate paratransit systems or infrequent and unreliable bus service, or are just isolated at home. 2. It is in the interest of the state to establish a dedicated public authority, the Green Accessible Transition Authority, to address the three crises of driver poverty, climate change, and lack of wheelchair accessible vehicles in the FHV industry. The Green Accessible Transition Authority will manage funding collected through a surcharge on FHV rides, additional government appropriations, and bond issuances to: a. Work with and incentivize auto manufacturers and retrofitters to rapidly develop and market zero-emissions wheelchair accessible vehi- cles; b. Establish a co-investment program to incentivize and enable FHV drivers to purchase or retrofit zero-emission and wheelchair accessible vehicles; S. 5552 3 c. Develop zero-emission vehicle charging infrastructure and mainte- nance facilities for zero-emission and wheelchair accessible vehicles; d. Establish a voluntary transition program for drivers who wish to leave the FHV industry to receive paid training for employment in green jobs or jobs in disability advocacy; e. Fund other initiatives to advance economic development with the goal of decarbonizing the transportation sector and creating good, green jobs and jobs in disability advocacy; and f. Improve paratransit service across New York State. 3. It is critical that the Green Accessible Transition Authority represent the public, drivers, autoworkers, environmental justice advo- cates, and disability justice advocates, and be transparent and account- able to these stakeholders in managing funding and programs. § 3. Article 8 of the public authorities law is amended by adding a new title 7 to read as follows: TITLE 7 GREEN ACCESSIBLE TRANSITION AUTHORITY SECTION 1750. DEFINITIONS. 1751. GREEN ACCESSIBLE TRANSITION AUTHORITY. 1752. MEMBERS. 1753. PURPOSES, POWERS AND DUTIES OF THE AUTHORITY. 1754. ADDITIONAL POWERS OF THE AUTHORITY. 1755. GREEN ACCESSIBLE TRANSITION FUND. 1756. ACCOUNTS AND FUNDING. 1757. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES. 1758. AUDIT AND ANNUAL REPORT. 1759. LABOR AND PROCUREMENT STANDARDS. 1760. BONDS AND NOTES. 1761. RESERVE FUNDS AND APPROPRIATIONS. 1762. EXEMPTION FROM TAXATION OF BONDS AND NOTES. 1763. BONDS AND NOTES LEGAL INVESTMENTS FOR FIDUCIARIES. 1764. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. 1765. RIGHTS AND REMEDIES OF BONDHOLDERS AND NOTEHOLDERS. 1766. STATE NOT LIABLE ON BONDS AND NOTES. § 1750. DEFINITIONS. AS USED OR REFERRED TO IN THIS TITLE, UNLESS A DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT: 1. "AUTHORITY" MEANS THE GREEN ACCESSIBLE TRANSITION AUTHORITY ESTAB- LISHED PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-ONE OF THIS TITLE. 2. "DISADVANTAGED COMMUNITIES" MEANS COMMUNITIES THAT BEAR THE BURDENS OF NEGATIVE PUBLIC HEALTH EFFECTS, ENVIRONMENTAL POLLUTION, AND IMPACTS OF CLIMATE CHANGE, AND POSSESS CERTAIN SOCIOECONOMIC CRITERIA, AS IDEN- TIFIED PURSUANT TO SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW. 3. "DISADVANTAGED OR UNDERREPRESENTED WORKER" MEANS A RESIDENT OF NEW YORK STATE WHO: (A) IS A WOMAN, WHEN CONSIDERING CONSTRUCTION AND BUILDING CONTRACTS; (B) HAS A HOUSEHOLD INCOME OF LESS THAN FIFTY PERCENT OF THE AREA MEDIAN INCOME; (C) IS AN INDIVIDUAL RESIDING IN AN AREA OF CONCENTRATED POVERTY; (D) HAS A DISABILITY; (E) IS A VETERAN; (F) IS A PERSON PREVIOUSLY INCARCERATED OR CONVICTED OF A CRIM- INAL OFFENSE; OR (G) IS LONG-TERM UNEMPLOYED. S. 5552 4 4. "DOWNSTATE REGION" MEANS THAT PORTION OF THE STATE THAT INCLUDES EACH OF THE FOLLOWING COUNTIES: NASSAU, SUFFOLK, PUTNAM, ROCKLAND, WEST- CHESTER, DUTCHESS, ORANGE, BRONX, KINGS, NEW YORK, QUEENS, AND RICHMOND. 5. "ELECTRIC VEHICLE" MEANS A VEHICLE POWERED ONLY BY AN ELECTRIC MOTOR THAT DRAWS CURRENT FROM RECHARGEABLE STORAGE BATTERIES, FUEL CELLS, PHOTOVOLTAIC ARRAYS, OR OTHER SOURCES OF ELECTRIC CURRENT. 6. "ELECTRIC VEHICLE CHARGING INFRASTRUCTURE" MEANS ANY PHYSICAL INFRASTRUCTURE REQUIRED FOR THE CONSTRUCTION OF ELECTRIC VEHICLE CHARG- ING STATIONS. 7. "ELECTRIC VEHICLE CHARGING STATION" MEANS STATIONS THAT DELIVER ELECTRICITY FROM A SOURCE OUTSIDE AN ELECTRIC VEHICLE INTO ONE OR MORE ELECTRIC VEHICLES, OR ANY RELATED EQUIPMENT NEEDED TO FACILITATE CHARG- ING ELECTRIC VEHICLES. 8. "ENVIRONMENTALLY SUSTAINABLE PRACTICES" MEANS PRACTICES THAT PRIOR- ITIZE THE RESPONSIBLE USE OF NATURAL RESOURCES TO MAINTAIN ECOLOGICAL BALANCE AND ENSURE THE CONSERVATION OF RESOURCES FOR FUTURE GENERATIONS. 9. "FOR-HIRE VEHICLE" MEANS ANY TRANSPORTATION NETWORK COMPANY VEHICLE (TNC VEHICLE) AS DEFINED IN SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC LAW AND ANY FOR-HIRE VEHICLE AS DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. 10. "FOR-HIRE VEHICLE IMPROVEMENT SURCHARGE" MEANS THE SURCHARGE ON FOR-HIRE VEHICLE TRANSPORTATION TRIPS IMPOSED UNDER ARTICLE TWENTY-NINE-E OF THE TAX LAW. 11. "GREEN JOB" MEANS EMPLOYMENT WITHIN INDUSTRIES THAT EMPLOY ENVI- RONMENTALLY SUSTAINABLE PRACTICES. 12. "UPSTATE REGION" MEANS THAT PORTION OF THE STATE THAT INCLUDES EACH AND EVERY COUNTY OF THE STATE NOT INCLUDED IN THE DOWNSTATE REGION, AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION. 13. "WHEELCHAIR ACCESSIBLE VEHICLE" MEANS A VEHICLE EQUIPPED WITH A HYDRAULIC LIFT OR RAMPS DESIGNED FOR THE PURPOSE OF TRANSPORTING PERSONS USING WHEELCHAIRS OR A VEHICLE CONTAINING ANY OTHER PHYSICAL DEVICE OR ALTERATION DESIGNED TO PERMIT ACCESS TO AND ENABLE THE TRANSPORTATION OF PERSONS USING WHEELCHAIRS AND WHICH MEETS THE FEDERAL AMERICANS WITH DISABILITIES ACT REQUIREMENTS FOR A WHEELCHAIR ACCESSIBLE VEHICLE. 14. "ZERO-EMISSION VEHICLE" MEANS A VEHICLE THAT PRODUCES NO DIRECT EXHAUST OR TAILPIPE EMISSIONS AND INCLUDES, BUT IS NOT LIMITED TO, ELEC- TRIC VEHICLES. 15. "PARATRANSIT" MEANS TRANSPORTATION SERVICES REQUIRED BY THE FEDERAL AMERICANS WITH DISABILITIES ACT FOR INDIVIDUALS WITH DISABILI- TIES WHO ARE UNABLE TO USE FIXED ROUTE TRANSPORTATION SYSTEMS AS DEFINED IN 49 CFR § 37.3. 16. "PRESIDENT" MEANS THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY. § 1751. GREEN ACCESSIBLE TRANSITION AUTHORITY. THERE IS HEREBY CREATED THE GREEN ACCESSIBLE TRANSITION AUTHORITY (GREATA). THE AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC BENEFIT CORPO- RATION. § 1752. MEMBERS. 1. THE AUTHORITY SHALL CONSIST OF NINE VOTING MEMBERS, WHO SHALL BE APPOINTED AS FOLLOWS: TWO SHALL BE REPRESENTATIVES OF ENVIRONMENTAL JUSTICE ORGANIZATIONS, ONE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, AND ONE OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; TWO SHALL BE REPRESENTATIVES OF DISABILITY JUSTICE ORGAN- IZATIONS AND SHALL BE PARATRANSIT USERS, ONE OF WHOM SHALL BE APPOINTED BY THE GOVERNOR, AND ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE SHALL BE A REPRESENTATIVE OF DRIVERS OF FOR-HIRE VEHICLES WHO IS A MEMBER OF A NEW YORK STATE WORKER COOPERATIVE CORPORATION OWNED BY DRIVERS LICENSED BY THE NEW YORK CITY TAXI AND S. 5552 5 LIMOUSINE COMMISSION AND SHALL BE APPOINTED BY THE GOVERNOR; ONE SHALL BE A REPRESENTATIVE OF AN ORGANIZATION WITH A TRACK RECORD OF ADVOCACY FOR A JUST, GREEN TRANSITION OF THE FOR-HIRE VEHICLE INDUSTRY AND SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE SHALL BE A REPRESEN- TATIVE OF AUTOMOTIVE WORKERS' UNION AND SHALL BE APPOINTED BY THE TEMPO- RARY PRESIDENT OF THE SENATE; ONE SHALL BE A REPRESENTATIVE OF A BUILD- ING TRADES UNION AND SHALL BE APPOINTED BY THE GOVERNOR; AND ONE SHALL BE APPOINTED BY THE GOVERNOR AS AN AT-LARGE REPRESENTATIVE OF THE PUBLIC WITH CONSENT FROM BOTH HOUSES OF THE LEGISLATURE. FOUR OF THE MEMBERS SHALL RESIDE IN THE UPSTATE REGION OF THE STATE AND FIVE OF THE MEMBERS SHALL RESIDE IN THE DOWNSTATE REGION. ALL OF THE APPOINTED MEMBERS SHALL HAVE RELEVANT EXPERIENCE IN ANY OR ALL OF THE FOLLOWING AREAS: ENVIRONMENTAL JUSTICE, DISABILITY JUSTICE, ENERGY MARKETS, ENERGY SYSTEMS, ORGANIZED LABOR, WORKFORCE DEVELOPMENT, SUSTAINABLE LAND USE, TRANSPORTATION, AND CLEAN ENERGY. 2. ALL MEMBERS SHALL CONTINUE TO HOLD OFFICE UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFY. OF THE APPOINTED MEMBERS, SIX OF THE MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE INITIAL TERMS OF FOUR YEARS, WHILE THE REMAINING FIVE MEMBERS SHALL SERVE INITIAL TERMS OF THREE YEARS. THEREAFTER, ALL TERMS SHALL BE FOR A PERIOD OF FOUR YEARS. 3. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. MEMBERS MAY BE REMOVED FROM OFFICE FOR THE SAME REASONS AND IN THE SAME MANNER AS MAY BE PROVIDED BY LAW FOR THE REMOVAL OF OFFICERS OF A COUNTY. 4. THE MEMBERS OF THE AUTHORITY SHALL DESIGNATE THE CHAIR. THE CHAIR SHALL PRESIDE OVER MEETINGS OF THE AUTHORITY AND SHALL SERVE AS THE PRIMARY LIAISON BETWEEN THE MEMBERS AND AUTHORITY STAFF. A VICE-CHAIR MAY BE ELECTED BY THE AUTHORITY FROM AMONG ITS OTHER MEMBERS TO SERVE AS SUCH AT THE PLEASURE OF THE AUTHORITY. THE VICE-CHAIR SHALL PRESIDE OVER ALL MEETINGS OF THE AUTHORITY IN THE ABSENCE OF THE CHAIR AND SHALL HAVE SUCH OTHER DUTIES AS THE AUTHORITY MAY PRESCRIBE. THE PRESIDENT SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE AUTHORITY AND SHALL BE PRIMARILY RESPONSIBLE FOR THE DISCHARGE OF THE EXECUTIVE AND ADMINISTRATIVE FUNC- TIONS OF THE AUTHORITY. 5. THE MEMBERS OF THE AUTHORITY SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE REIMBURSED FOR ALL OTHER ACTUAL AND NECES- SARY EXPENSES INCURRED IN CONNECTION WITH THE CARRYING OUT OF THE PURPOSES OF THIS TITLE. § 1753. PURPOSES, POWERS AND DUTIES OF THE AUTHORITY. 1. THE PURPOSES OF THE AUTHORITY SHALL BE TO PROMOTE THE SIMULTANEOUS TRANSI- TION OF THE FOR-HIRE VEHICLE AND OTHER STATE INDUSTRIES TO ENVIRON- MENTALLY SUSTAINABLE PRACTICES AND INCREASE UNIVERSAL ACCESSIBILITY OF FOR-HIRE VEHICLES, PARATRANSIT SERVICES, AND TAXI SERVICES STATEWIDE. 2. EXCEPT AS OTHERWISE LIMITED BY THIS TITLE, THE AUTHORITY SHALL HAVE THE POWER TO: (A) SUE AND BE SUED; (B) HAVE A SEAL OR ALTER SUCH SEAL AT PLEASURE; (C) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND MANAGEMENT AND TO MAKE AND ALTER RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS POWERS AND FULFILLMENT OF ITS PURPOSES UNDER THIS TITLE; (D) MAKE RULES AND REGULATIONS GOVERNING THE EXERCISE OF ITS CORPORATE POWERS AND THE FULFILLMENT OF ITS CORPORATE PURPOSES UNDER THIS TITLE AND TITLE NINE-A OF THIS ARTICLE, WHICH SHALL BE FILED WITH THE DEPART- MENT OF STATE IN THE MANNER PROVIDED BY SECTION ONE HUNDRED TWO OF THE EXECUTIVE LAW; S. 5552 6 (E) APPOINT SUCH OFFICERS, AGENTS, AND EMPLOYEES, WITHOUT REGARD TO ANY PERSONNEL OR CIVIL SERVICE LAW, RULE OR REGULATION OF THE STATE AND IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY, AS IT MAY REQUIRE FOR THE PERFORMANCE OF ITS DUTIES AND TO FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES AND COMPENSATION; (F) ACQUIRE, LEASE, HOLD, AND DISPOSE OF REAL AND PERSONAL PROPERTY, WHETHER TANGIBLE OR INTANGIBLE, OR ANY INTEREST THEREIN, BY ANY METHOD; (G) MAKE AND EXECUTE AGREEMENTS, CONTRACTS OR OTHER INSTRUMENTS NECES- SARY OR CONVENIENT FOR THE EXERCISE OF ITS FUNCTIONS, POWERS AND DUTIES UNDER THIS TITLE; (H) FIX AND COLLECT FEES, RENTALS AND CHARGES FOR THE USE OF ANY PROP- ERTY OR FACILITY UNDER ITS JURISDICTION, OR FOR THE SALE OF ANY PRODUCT, BY-PRODUCT OR SERVICE PRODUCED IN OR PROVIDED BY ANY SUCH FACILITY, AND ESTABLISH THE RIGHTS AND PRIVILEGES CREATED UPON PAYMENT THEREOF. SUCH FEES, RENTALS AND CHARGES SHALL BE ESTABLISHED BY THE AUTHORITY SO AS TO PRODUCE, IN THE JUDGMENT OF THE AUTHORITY, REVENUES SUFFICIENT, TOGETHER WITH ANY OTHER FUNDS AVAILABLE TO THE AUTHORITY, TO MEET THE EXPENSES OF MAINTENANCE AND OPERATION OF THE FACILITIES OF THE AUTHORITY, TO REPAY ANY MONEYS REPAYABLE TO THE STATE, TO FULFILL THE TERMS OF AGREEMENTS WITH THE HOLDERS OF ITS BONDS, NOTES, OR OTHER OBLIGATIONS, AND TO PROVIDE FUNDS FOR SUCH OTHER CORPORATE PURPOSES AS THE AUTHORITY MAY DEEM APPROPRIATE; (I) BORROW MONEY AND ISSUE SUCH NOTES, BONDS, OR OTHER OBLIGATIONS IN RELATION TO SUCH INDEBTEDNESS, AND SECURE ANY OF ITS OBLIGATIONS BY MORTGAGE OR PLEDGE OF ALL OR ANY OF ITS PROPERTY OR ANY INTEREST THERE- IN, WHEREVER SITUATED; (J) ARRANGE FOR GUARANTEES OF ITS BONDS, NOTES, OR OTHER OBLIGATIONS BY THE FEDERAL GOVERNMENT OR BY ANY PRIVATE INSURER OR OTHERWISE AND TO PAY ANY PREMIUMS THEREFOR; (K) PURCHASE BONDS, NOTES, OR OTHER OBLIGATIONS OF THE AUTHORITY AT SUCH PRICE OR PRICES AS THE AUTHORITY MAY DETERMINE; (L) LEND MONEY, INVEST AND REINVEST ITS FUNDS, AND TAKE AND HOLD REAL AND PERSONAL PROPERTY AS SECURITY FOR THE PAYMENT OF FUNDS SO LOANED OR INVESTED; (M) PROCURE INSURANCE OR OBTAIN INDEMNIFICATION FROM THE FEDERAL GOVERNMENT OR OTHER PERSONS AGAINST ANY LOSS IN CONNECTION WITH ITS PROPERTIES OR OPERATIONS IN SUCH AMOUNT OR AMOUNTS AND FROM SUCH INSUR- ERS, INCLUDING THE FEDERAL GOVERNMENT, AS IT MAY DEEM NECESSARY OR DESIRABLE, AND TO PAY ANY PREMIUMS THEREFOR; (N) ACCEPT ANY GIFTS OR GRANTS OR LOANS OF FUNDS OR PROPERTY OR FINAN- CIAL OR OTHER AID IN ANY FORM FROM THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALITY THEREOF, THE STATE, OR ANY OTHER SOURCE, AND TO COMPLY WITH THE PROVISIONS OF THIS TITLE AND THE TERMS AND CONDITIONS THEREOF; (O) ENGAGE THE SERVICES OF BOND COUNSEL, FINANCIAL ADVISORS, ACCOUNT- ANTS, ENGINEERS, ATTORNEYS, AND OTHER PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE; (P) CREATE OR ACQUIRE ONE OR MORE WHOLLY-OWNED SUBSIDIARIES AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE; (Q) NEGOTIATE AND ENTER INTO AGREEMENTS WITH TRUSTEES OR RECEIVERS APPOINTED BY UNITED STATES BANKRUPTCY COURTS OR FEDERAL DISTRICT COURTS OR IN OTHER PROCEEDINGS INVOLVING ADJUSTMENT OF DEBTS, AND TO AUTHORIZE LEGAL COUNSEL FOR THE AUTHORITY TO APPEAR IN ANY SUCH PROCEEDINGS; (R) FILE A PETITION UNDER CHAPTER NINE OF TITLE ELEVEN OF THE UNITED STATES BANKRUPTCY CODE, OR TAKE OTHER SIMILAR ACTION FOR THE ADJUSTMENT OF ITS DEBTS; S. 5552 7 (S) ENTER INTO MANAGEMENT AGREEMENTS FOR THE OPERATION OF ALL OR ANY OF THE PROPERTY OR FACILITIES OWNED BY THE AUTHORITY; (T) MAINTAIN AN OFFICE OR OFFICES AT SUCH PLACE OR PLACES IN THE STATE AS IT MAY DETERMINE; (U) MAKE ANY INQUIRY, INVESTIGATION, SURVEY, OR STUDY WHICH THE AUTHORITY MAY DEEM NECESSARY TO ENABLE IT TO EFFECTIVELY CARRY OUT THE PROVISIONS OF THIS TITLE AND TO REQUIRE THE PRODUCTION OF RECORDS, BOOKS, PAPERS, ACCOUNTS, AND OTHER DOCUMENTS, INCLUDING PUBLIC RECORDS, AND TO MAKE COPIES THEREOF OR EXTRACTS THEREFROM; (V) ADOPT, REVISE, AMEND, AND REPEAL RULES AND REGULATIONS WITH RESPECT TO ITS OPERATIONS, PROPERTIES, FACILITIES, AND PROJECTS AS MAY BE NECESSARY OR CONVENIENT TO CARRY OUT THE PURPOSES OF THIS TITLE, SUBJECT TO THE PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE ACT; (W) FROM TIME TO TIME ENTER INTO AGREEMENTS WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION, THE NEW YORK POWER AUTHORITY, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE, THE METROPOLITAN TRANSPORTATION AUTHORI- TY, OTHER STATE TRANSIT AUTHORITIES, THE NEW YORK CITY TAXI AND LIMOU- SINE COMMISSION OR ANY OTHER RELEVANT ENTITY TO FINANCE THE CAPITAL COSTS OF PROJECTS AUTHORIZED PURSUANT TO SECTION EIGHTY-EIGHT-B OF THE STATE FINANCE LAW, AND TO ISSUE BONDS AND NOTES FOR CAPITAL PROJECTS APPROVED BY THE BOARD; PROVIDED, HOWEVER, THAT EACH PROVISION OF THIS TITLE RELATING TO BONDS AND NOTES WHICH ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE BONDS AND NOTES AUTHORIZED BY THIS SECTION; (X) REQUEST SUPPORT AND SERVICES TO THE AUTHORITY FROM ANY OTHER STATE AGENCY OR AUTHORITY; (Y) LEVY FINES AND FEES; (Z) ESTABLISH AND ISSUE GRANTS FOR PROGRAMS, JOBS, UPGRADES, OR FOR ANY OTHER PURPOSE WITHIN THE SCOPE OF THE AUTHORITY; (AA) PRIORITIZE GRANTING FUNDS TO PROJECTS, PROGRAMS AND INITIATIVES IN DISADVANTAGED COMMUNITIES OR DISADVANTAGED WORKERS; AND (BB) ASSIST OTHER STATE AND LOCAL AGENCIES AND AUTHORITIES IN THE PROCUREMENT OF ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES. 3. (A) THE AUTHORITY SHALL NOT GIVE, GRANT, GIFT, OR LOAN MONEY TO ANY PROJECTS, JOBS, PROGRAMS, OR INITIATIVES THAT FURTHER DEPENDENCE ON FOSSIL FUELS OR ARE NOT IN COMPLIANCE WITH THE AMERICANS WITH DISABILI- TIES ACT. (B) THE AUTHORITY SHALL NOT GRANT OR GIFT MONEY TO ANY PROJECTS, JOBS, PROGRAMS, OR INITIATIVES WHOSE SHARES CONTAIN A FIFTY PERCENT OR GREATER INTEREST FROM A FOSSIL FUEL COMPANY OR THAT ARE BEING LED BY A FOSSIL FUEL COMPANY. (C) THE AUTHORITY SHALL NOT GIVE, GRANT, GIFT, OR LOAN MONEY TO ANY PROJECTS, JOBS, PROGRAMS OR INITIATIVES THAT USE BLUE, TURQUOISE, BROWN/BLACK, YELLOW, WHITE OR GREY HYDROGEN, OR ANY COMBINATION THEREOF, OR THE PRODUCTION THEREOF IN ANY AMOUNT. ANY USE OF SUCH COLORS OF HYDROGEN THAT ARE COMBINED WITH GREEN HYDROGEN SHALL NOT RECEIVE ANY FUNDING FROM THE AUTHORITY. (D) THE AUTHORITY SHALL HAVE THE ABILITY TO ESTABLISH AND ISSUE GRANTS FOR PROGRAMS, JOBS, UPGRADES, OR ANYTHING ELSE THAT FALLS WITHIN THE SCOPE OF THE AUTHORITY, AND AT A MINIMUM, SHALL GRANT FIFTY PERCENT OF VEHICLE PURCHASE FUNDS TO SUPPORT THE PURCHASE OR RETROFIT OF ZERO-EMIS- SION WHEELCHAIR ACCESSIBLE FOR-HIRE VEHICLES IN THE FIRST YEAR, AND INCREASE THE PERCENTAGE BY TEN PERCENT EVERY YEAR THEREAFTER UNTIL ONE HUNDRED PERCENT OF VEHICLE AT PURCHASE FUNDS HAVE BEEN DEDICATED TO ZERO-EMISSION WHEELCHAIR ACCESSIBLE FOR-HIRE VEHICLES. S. 5552 8 (E) THE AUTHORITY SHALL ENSURE THAT AT LEAST FORTY PERCENT OF SPENDING ON TRANSPORTATION AND CLEAN ENERGY BENEFITS DISADVANTAGED COMMUNITIES IN ACCORDANCE WITH SECTION 75-0117 OF THE ENVIRONMENTAL CONSERVATION LAW. § 1754. ADDITIONAL POWERS OF THE AUTHORITY. IN ADDITION TO THE POWERS ENUMERATED IN SECTION SEVENTEEN HUNDRED FIFTY-THREE OF THIS TITLE, THE AUTHORITY SHALL HAVE THE POWER AND OBLIGATION TO: 1. COLLECT DATA FROM TRANSPORTATION NETWORK COMPANY PROVIDERS OPERAT- ING IN THE STATE INCLUDING, BUT NOT LIMITED TO: (A) THE NUMBER OF WHEEL- CHAIR-ACCESSIBLE AND ELECTRIC VEHICLES OPERATING IN EACH COUNTY OR REGION; (B) THE NUMBER OF TRIPS, AND MILEAGE DRIVEN BY FOR-HIRE VEHICLES AND TAXIS; (C) THE ANNUAL ESTIMATED EMISSIONS OF FOR-HIRE VEHICLES AND TAXIS STATEWIDE; AND (D) THE NUMBER OF WHEELCHAIR ACCESSIBLE TRIPS REQUESTED AND COMPLETED BY FOR-HIRE VEHICLES AND TAXIS STATEWIDE. 2. CONDUCT AND PUBLISH ANNUAL STUDIES OF THE FOR-HIRE VEHICLE INDUSTRY TO SET STANDARDS AND GOALS FOR THE TRANSITION OF THE FOR-HIRE VEHICLE AND PARATRANSIT FLEETS TO THE EXCLUSIVE USE OF ZERO-EMISSION AND WHEEL- CHAIR ACCESSIBLE VEHICLES; 3. CONVENE A GREEN ACCESSIBLE VEHICLE TASKFORCE, INCLUDING ENVIRON- MENTAL JUSTICE, DISABILITY JUSTICE, AND LABOR ADVOCATES TO: (A) ASSESS THE AVAILABILITY OF ZERO-EMISSION AND WHEELCHAIR ACCESSIBLE VEHICLES; (B) WORK WITH GOVERNMENT AUTHORITIES AND AUTOMAKERS TO ENSURE THAT VEHI- CLES MEETING APPROPRIATE ENVIRONMENTAL AND ACCESSIBILITY STANDARDS ARE BROUGHT TO MARKET, INCLUDING ISSUING A REQUEST FOR PROPOSAL TO INCENTIV- IZE PRODUCTION OF ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE; AND (C) VET VEHICLES ELIGIBLE FOR INCLUSION IN THE CO-INVESTMENT PROGRAM PURSUANT TO SUBDIVI- SION FOUR OF THIS SECTION BASED ON THEIR AVAILABLE FEATURES AND THE AUTOMAKERS' COMMITMENT TO LABOR, SOCIAL AND ENVIRONMENTAL BENEFITS; 4. ADMINISTER A CO-INVESTMENT PROGRAM FOR THE PURCHASE OF QUALIFYING VEHICLES, UNDER THE TERMS OF WHICH FOR-HIRE VEHICLE DRIVERS AND PARA- TRANSIT AGENCIES AND PROGRAMS SHALL BE ELIGIBLE FOR A VOUCHER OF AN AMOUNT AND UNDER THE TERMS TO BE DETERMINED BY THE AUTHORITY TOWARD THE PURCHASE OF ZERO-EMISSION VEHICLES AND WHEELCHAIR ACCESSIBLE VEHICLES APPROVED FOR INCLUSION IN THE PROGRAM BY THE GREEN ACCESSIBLE VEHICLE TASKFORCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION. IN THE EVENT THE AUTHORITY MAKES A DETERMINATION THAT INSUFFICIENT ACCESSIBLE ZERO- EMISSIONS VEHICLES ARE AVAILABLE FOR PURCHASE OR RETROFIT TO MEET THIS GOAL IN A GIVEN YEAR, THE AUTHORITY MAY INSTEAD UTILIZE FUNDS TO SUPPORT EXPANSION OF ON-DEMAND PARATRANSIT SERVICE STATEWIDE AND ELECTRIFICATION OF DEDICATED PARATRANSIT FLEETS; 5. AFTER THE ZERO-EMISSION AND WHEELCHAIR ACCESSIBLE VEHICLE TRANSI- TION GOALS ARE MET, DEVELOP AND ADMINISTER A VOLUNTARY PROGRAM FOR DRIV- ERS OF FOR-HIRE VEHICLES TO RECEIVE TRAINING AND FINANCIAL SUPPORT TO ENTER INTO ALTERNATIVE EMPLOYMENT IN PUBLIC SERVICE, GREEN, OR DISABILI- TY JUSTICE JOBS; 6. FUND THE DEVELOPMENT OF INFRASTRUCTURE REQUIRED TO SUPPORT THE EXPANDING USE OF ZERO-EMISSION VEHICLES, INCLUDING BUT NOT LIMITED TO ELECTRIC VEHICLE CHARGING INFRASTRUCTURE; 7. FUND THE PURCHASE OF ZERO-EMISSION AND WHEELCHAIR ACCESSIBLE VEHI- CLES, EXCLUDING ANY HYDROGEN-BASED VEHICLES THAT OPERATE ON ANY COLOR OF HYDROGEN OTHER THAN GREEN HYDROGEN, AND INFRASTRUCTURE NEEDED TO RAPIDLY TRANSITION PUBLIC PARATRANSIT SERVICES TO ZERO-EMISSION VEHICLES; 8. FUND ANY AND ALL OTHER ACTIVITIES THAT PROMOTE AND FACILITATE: (A) THE TRANSITION OF NEW YORK STATE TOWARD ONE HUNDRED PERCENT ZERO-EMIS- SION WHEELCHAIR ACCESSIBLE VEHICLES; (B) AFTER THE PRIMARY GOAL OF A TRANSITION OF THE FOR-HIRE VEHICLE INDUSTRY TO ZERO-EMISSION WHEELCHAIR S. 5552 9 ACCESSIBLE VEHICLES HAS BEEN SUBSTANTIALLY ACHIEVED, OTHER INITIATIVES THAT HELP ACHIEVE COMPLIANCE WITH THE STATE'S GREENHOUSE GAS EMISSIONS REDUCTIONS MANDATES UNDER THE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE CITY OF NEW YORK'S 80 X 2050 INITIATIVE AND LOCAL LAW NINETY-SEVEN, AND/OR FUTURE REQUIREMENTS FOR ADDITIONAL REDUCTIONS IN GREENHOUSE GAS OR CO-POLLUTANT EMISSIONS THAT THE LEGISLATURE MAY IMPOSE; AND (C) THE INFRASTRUCTURE TO ENVIRONMENTALLY SUSTAINABLE PRAC- TICES, AND IN THE PUBLIC INTEREST; 9. FUND PROGRAMS TO EXPAND AND IMPROVE RELIABILITY OF PARATRANSIT SERVICES IN THE STATE INCLUDING, BUT NOT LIMITED TO: (A) PURCHASE AND OPERATION OF ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES BY PARATRANSIT AGENCIES AND THEIR CONTRACTORS; (B) ADOPTION OF, EXPANSION OF, AND ONGO- ING SUPPORT FOR ON-DEMAND PARATRANSIT SERVICE STATEWIDE; (C) EXPANSION OF PARATRANSIT SERVICE TO BROADER GEOGRAPHIC AREAS; AND (D) OTHER INNO- VATIVE PROJECTS THAT SEEK TO ENHANCE PARATRANSIT SERVICE QUALITY THROUGH IMPROVED TECHNOLOGY, EDUCATION, AND OTHER STRATEGIES. THE AUTHORITY SHALL ENSURE THAT AT LEAST TWENTY PERCENT OF OVERALL FUNDS ARE USED TO SUPPORT PARATRANSIT SERVICES AND SHALL FURTHER ENSURE THAT AT LEAST FIFTY PERCENT OF SUCH FUNDS ARE ALLOCATED TO SUPPORTING PARATRANSIT SERVICES OPERATING IN THE UPSTATE REGION, WITH THE GOAL OF MAKING ON-DE- MAND PARATRANSIT SERVICE AVAILABLE STATEWIDE WITH AVAILABILITY TWENTY- FOUR HOURS A DAY, SEVEN DAYS A WEEK, AT LEAST THREE MILES BEYOND EXIST- ING PUBLIC TRANSIT ROUTES; AND 10. PROVIDE TEN PERCENT OF OVERALL FUNDS TO GRANTS FOR ORGANIZATIONS TO PROVIDE TRAINING AND ASSISTANCE FOR DRIVERS TO ACCESS AND OPERATE ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLES AND SUBSIDIES, WITH AWARDS TO NO LESS THAN FIVE PROVIDERS ANNUALLY. AWARDED PROVIDERS SHALL BE NONPROFIT ORGANIZATIONS OR LABOR UNIONS, AND SHALL HAVE A TRACK RECORD OF PROVIDING SERVICES FOR FOR-HIRE VEHICLE DRIVERS IN NEW YORK STATE. § 1755. GREEN ACCESSIBLE TRANSITION FUND. 1. THE AUTHORITY SHALL CREATE AND ESTABLISH A FUND TO BE KNOWN AS THE "GREEN ACCESSIBLE TRANSI- TION FUND" WHICH SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS OF THE AUTHORITY. THE GREEN ACCESSIBLE TRANSITION FUND SHALL CONSIST OF MONEYS RECEIVED BY THE AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION TWELVE HUNDRED NINETY-NINE-FF OF THE TAX LAW IN ACCORDANCE WITH THE PROVISIONS THEREOF. 2. MONEYS IN THE FUND SHALL BE USED FOR THE EXCLUSIVE PURPOSE OF FUNDING PROGRAMS ADMINISTERED BY THE AUTHORITY. 3. ANY REVENUES DEPOSITED IN THE GREEN ACCESSIBLE TRANSITION FUND PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE USED EXCLUSIVELY FOR THE PURPOSES DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. SUCH REVENUES SHALL ONLY SUPPLEMENT AND SHALL NOT SUPPLANT ANY FEDERAL, STATE, OR LOCAL FUNDS EXPENDED BY THE AUTHORITY OR SUCH AUTHORITY'S AFFILIATES OR SUBSIDIARIES FOR SUCH PURPOSES. 4. ANY REVENUES DEPOSITED INTO THE GREEN ACCESSIBLE TRANSITION FUND PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL NOT BE DIVERTED INTO THE GENERAL FUND OF THE STATE, ANY OTHER FUND MAINTAINED FOR THE SUPPORT OF ANY OTHER GOVERNMENTAL PURPOSE, OR FOR ANY OTHER PURPOSE NOT AUTHOR- IZED BY SUBDIVISION TWO OF THIS SECTION. 5. THE AUTHORITY SHALL REPORT ON THE RECEIPT AND USES OF ALL FUNDS RECEIVED BY THE GREEN ACCESSIBLE TRANSITION FUND TO THE DIRECTOR OF THE BUDGET, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON AN ANNUAL BASIS NO LATER THAN THE FIRST DAY OF FEBRUARY. § 1756. ACCOUNTS AND FUNDING. 1. THE PROGRAMS ADMINISTERED BY THE AUTHORITY SHALL BE FUNDED IN PART BY THE GREEN ACCESSIBLE TRANSITION FUND ESTABLISHED PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-FIVE OF S. 5552 10 THIS TITLE AND ANY OTHER MONEYS RECEIVED BY THE AUTHORITY, INCLUDING PAYMENTS, GIFTS, OR APPROPRIATIONS TO THE AUTHORITY FROM ANY OTHER SOURCE. 2. THE AUTHORITY SHALL BE AUTHORIZED TO SET A STANDARD RATE FOR VEHI- CLE CHARGING STATIONS OWNED BY THE AUTHORITY AND TO COLLECT ANY REVENUE GENERATED FROM SUCH CHARGING STATIONS. 3. THE AUTHORITY SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED FROM TIME TO TIME TO ISSUE ITS NEGOTIABLE BONDS IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR ANY PURPOSE AUTHORIZED BY THIS TITLE. § 1757. EXEMPTION FROM TAXES, ASSESSMENTS AND CERTAIN FEES. IT IS HEREBY DETERMINED THAT THE CREATION OF THE AUTHORITY AND THE CARRYING OUT OF ITS CORPORATE PURPOSES IS IN ALL RESPECTS FOR THE BENEFIT OF THE PEOPLE OF THE MUNICIPALITY AND THE STATE AND IS A PUBLIC PURPOSE AND THE AUTHORITY SHALL BE REGARDED AS PERFORMING A GOVERNMENTAL FUNCTION IN THE EXERCISE OF THE POWERS CONFERRED UPON IT BY THIS TITLE AND SHALL NOT BE REQUIRED TO PAY ANY TAXES, SPECIAL AD VALOREM LEVIES OR SPECIAL ASSESS- MENTS UPON ANY PROPERTY OWNED BY IT OR UNDER ITS JURISDICTION, CONTROL OR SUPERVISION OR UPON ITS ACTIVITIES OR ANY FILING, RECORDING OR TRANS- FER FEES OR TAXES IN RELATION TO INSTRUMENTS FILED, RECORDED OR TRANS- FERRED BY IT OR ON ITS BEHALF. THE CONSTRUCTION, USE, OCCUPATION OR POSSESSION OF ANY PROPERTY OWNED BY THE AUTHORITY OR THE MUNICIPALITY, INCLUDING IMPROVEMENTS THEREON, BY ANY PERSON OR PUBLIC CORPORATION UNDER A LEASE, LEASE AND SUBLEASE OR ANY OTHER AGREEMENT SHALL NOT OPER- ATE TO ABROGATE OR LIMIT THE FOREGOING EXEMPTION, NOTWITHSTANDING THAT THE LESSEE, USER, OCCUPANT OR PERSON IN POSSESSION SHALL CLAIM OWNERSHIP FOR FEDERAL INCOME TAX PURPOSES. MORTGAGES MADE OR FINANCED, DIRECTLY OR INDIRECTLY, BY THE AUTHORITY SHALL BE EXEMPT FROM THE MORTGAGE RECORDING TAXES IMPOSED BY ARTICLE ELEVEN OF THE TAX LAW. THE AUTHORITY SHALL BE DEEMED A PUBLIC AUTHORITY FOR THE PURPOSES OF SECTION FOUR HUNDRED TWELVE OF THE REAL PROPERTY TAX LAW. § 1758. AUDIT AND ANNUAL REPORT. IN CONFORMITY WITH THE PROVISIONS OF SECTION FIVE OF ARTICLE TEN OF THE CONSTITUTION, THE ACCOUNTS OF THE AUTHORITY SHALL BE SUBJECT TO THE SUPERVISION OF THE STATE COMPTROLLER AND AN ANNUAL AUDIT SHALL BE PERFORMED BY AN INDEPENDENT CERTIFIED ACCOUNTANT. THE AUTHORITY SHALL ANNUALLY SUBMIT TO THE GOVERNOR, STATE COMPTROLLER AND STATE LEGISLATURE A DETAILED REPORT PURSUANT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED OF THIS CHAPTER, AND A COPY OF SUCH REPORT SHALL BE FILED WITH EVERY MUNICIPALITY INCLUDED IN THE REPORT. THE AUTHORITY SHALL COMPLY WITH THE PROVISIONS OF SECTIONS TWEN- TY-EIGHT HUNDRED ONE, TWENTY-EIGHT HUNDRED TWO AND TWENTY-EIGHT HUNDRED THREE OF THIS CHAPTER. § 1759. LABOR AND PROCUREMENT STANDARDS. 1. ANY PROJECT THAT IS FUNDED BY THE AUTHORITY SHALL: (A) BE DEEMED A PUBLIC WORK PROJECT SUBJECT TO ARTICLE EIGHT OF THE LABOR LAW; (B) REQUIRE THAT ANY MATERIALS USED IN THE PROJECT ARE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE HEAD OF THE CONTRACTING PUBLIC ENTITY FINDS THAT: (I) APPLYING THIS PARAGRAPH WOULD BE INCONSISTENT WITH THE PUBLIC INTEREST; (II) PRODUCTS ARE NOT PRODUCED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATISFACTORY QUALITY; OR (III) INCLUSION OF PRODUCTS PRODUCED IN THE UNITED STATES WILL INCREASE THE COST OF THE OVERALL PROJECT BY MORE THAN TWENTY-FIVE PERCENT. IF THE HEAD OF THE CONTRACTING S. 5552 11 PUBLIC ENTITY RECEIVES A REQUEST FOR A WAIVER FROM THE REQUIREMENTS OF THIS PARAGRAPH, SUCH PERSON SHALL MAKE AVAILABLE TO THE PUBLIC ON AN INFORMAL BASIS A COPY OF THE REQUEST AND INFORMATION AVAILABLE TO SUCH PERSON CONCERNING THE REQUEST, AND SHALL ALLOW FOR INFORMAL PUBLIC INPUT ON THE REQUEST FOR AT LEAST FIFTEEN DAYS PRIOR TO MAKING A FINDING BASED ON THE REQUEST. THE HEAD OF THE CONTRACTING PUBLIC ENTITY SHALL MAKE THE REQUEST AND ACCOMPANYING INFORMATION AVAILABLE BY ELECTRONIC MEANS, INCLUDING ON THE OFFICIAL PUBLIC WEBSITE OF THE PUBLIC ENTITY; PROVIDED FURTHER, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO PRODUCTS PURCHASED PRIOR TO THE EFFECTIVE DATE OF THIS TITLE. THE HEAD OF THE CONTRACTING PUBLIC ENTITY MAY, AT THE CONTRACTING PUBLIC ENTITY'S SOLE DISCRETION, PROVIDE FOR A SOLICITATION OF A REQUEST FOR PROPOSAL, INVITATION FOR BID, OR SOLICITATION OF PROPOSAL, OR ANY OTHER METHOD PROVIDED FOR BY LAW OR REGULATION FOR SOLICITING A RESPONSE FROM OFFERORS INTENDING TO RESULT IN A CONTRACT PURSUANT TO THIS PARAGRAPH INVOLVING A COMPETITIVE PROCESS IN WHICH THE EVALUATION OF COMPETING BIDS GIVES SIGNIFICANT CONSIDERATION IN THE EVALUATION PROCESS TO THE PROCUREMENT OF EQUIPMENT AND SUPPLIES FROM BUSINESSES LOCATED IN NEW YORK STATE; (C) REQUIRE THAT ANY PUBLIC OWNER OR THIRD PARTY ACTING ON THE BEHALF OF A PUBLIC OWNER ENTER INTO A PROJECT LABOR AGREEMENT AS DEFINED BY SECTION TWO HUNDRED TWENTY-TWO OF THE LABOR LAW FOR ALL CONSTRUCTION WORK; (D) REQUIRE THE PAYMENT OF PREVAILING WAGE STANDARDS CONSISTENT WITH ARTICLE NINE OF THE LABOR LAW FOR BUILDING SERVICES WORK; AND (E) REQUIRE THAT ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDI- TIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EXISTING PUBLIC EMPLOYEES AND THE WORK JURIS- DICTION, COVERED JOB TITLES, AND WORK ASSIGNMENTS, SET FORTH IN THE CIVIL SERVICE LAW AND COLLECTIVE BARGAINING AGREEMENTS WITH LABOR ORGAN- IZATIONS REPRESENTING PUBLIC EMPLOYEES SHALL BE PRESERVED AND PROTECTED. 2. ANY SUCH PROJECT SHALL NOT RESULT IN THE: (A) DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON- OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS, OR RESULT IN THE IMPAIR- MENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS; (B) TRANSFER OF EXISTING DUTIES AND FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS PERFORMED BY EXISTING EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY; OR (C) TRANSFER OF FUTURE DUTIES AND FUNCTIONS ORDINARILY PERFORMED BY EMPLOYEES OF AUTHORIZED ENTITIES TO A CONTRACTING ENTITY. 3. ANY PROJECT FUNDED BY THE AUTHORITY SHALL CERTIFY THAT THE MATERI- ALS, COMPONENTS, PARTS OR VEHICLES ARE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES OR POSSESSIONS; PROVIDED, HOWEVER, THAT THE PRESIDENT OF THE AUTHORITY, OR THE PRESI- DENT'S DESIGNEE MAY WAIVE THE PROCUREMENT REQUIREMENTS SET FORTH IN THIS SUBDIVISION IF SUCH OFFICIAL DETERMINES THAT: (A) THE REQUIREMENTS WOULD RESULT IN UNREASONABLE COSTS; (B) OBTAINING SUCH INFRASTRUCTURE- RELATED MATERIALS, COMPONENTS OR PARTS IN THE UNITED STATES WOULD INCREASE THE COST OF A PROJECT BY AN UNREASONABLE AMOUNT; OR (C) ANY SUCH VEHICLES, PARTS, OR COMPONENTS CANNOT BE PRODUCED, MADE, OR ASSEM- BLED IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTI- TIES OR OF SATISFACTORY QUALITY. ANY SUCH WAIVER SHALL REMAIN IN EFFECT ONLY SO LONG AS THE CONDITIONS NECESSITATING THE WAIVER ARE IN EFFECT. ALL DETERMINATIONS ON WAIVERS SHALL BE MADE ON AN ANNUAL BASIS NO LATER THAN DECEMBER THIRTY-FIRST, AFTER PROVIDING NOTICE AND OPPORTUNITY FOR S. 5552 12 PUBLIC COMMENT, AND SUCH DETERMINATION SHALL BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE AUTHORITY'S WEBSITE WITH A DETAILED EXPLANATION OF THE FINDINGS LEADING TO SUCH A DETERMINATION. IF THE PRESIDENT OR THE PRESIDENT'S DESIGNEE HAS ISSUED DETERMINATIONS FOR THREE CONSECUTIVE YEARS FINDING THAT NO SUCH WAIVER IS WARRANTED PURSUANT TO THIS SUBDIVI- SION, THEN THE AUTHORITY SHALL NO LONGER BE REQUIRED TO PROVIDE THE ANNUAL DETERMINATION REQUIRED BY THIS SUBDIVISION. 4. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (I) "CONTRACTOR" MEANS AN ENTITY THAT SELLS AN APPROVED ELIGIBLE VEHI- CLE TO A VEHICLE PURCHASER AND THAT MEETS THE FOLLOWING CRITERIA: (1) IS ANY OF THE FOLLOWING TYPES OF ENTITIES: (A) A ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLE DEALERSHIP THAT HAS A WRITTEN AGREEMENT WITH A ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLE ORIGINAL EQUIPMENT MANUFACTURER AND THAT SELLS OR LEASES COMPLETE ELIGI- BLE VEHICLES TO VEHICLE OWNER-OPERATORS; (B) AN ORIGINAL EQUIPMENT MANUFACTURER THAT BUILDS AND SELLS OR LEASES COMPLETE ELIGIBLE VEHICLES DIRECTLY TO FLEETS OR VEHICLE OWNER-OPERA- TORS; (C) AN AUTOMOTIVE VEHICLE UPFIT OR RETROFIT MANUFACTURER THAT HAS A WRITTEN AGREEMENT WITH AN ORIGINAL EQUIPMENT MANUFACTURER AND THAT UPFITS, RETROFITS, OR PERFORMS FINAL EQUIPMENT INSTALLATIONS ON NEW REPLACEMENT OR REPOWERED VEHICLES AND SELLS OR LEASES THE COMPLETED ELIGIBLE VEHICLE TO A LEASING COMPANY, FLEET, OR VEHICLE OWNER-OPERATOR; OR (D) A RETROFIT KIT COMPANY THAT PRODUCES AND INSTALLS SUCH KITS ON EXISTING VEHICLES, SUCH AS A BATTERY ELECTRIC VEHICLE KIT ON AN EXISTING DIESEL-POWERED VEHICLE; (2) HAS A VALID BUSINESS LICENSE FOR THE PAST TWO YEARS; AND (3) IS THE ENTITY THAT SELLS OR LEASES THE FULLY ASSEMBLED AND COMPLETED NEW ELIGIBLE VEHICLE OR REPOWERED VEHICLE. (II) "DISADVANTAGED COMMUNITIES" SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. (III) "DISPLACED WORKERS" MEANS WORKERS WHO HAVE LOST THEIR JOBS IN THE PREVIOUS FIVE YEARS DUE TO LACK OF BUSINESS, A REDUCTION IN WORK- FORCE, OR OTHER ECONOMIC, NON-DISCIPLINARY REASONS RELATED TO A PANDEMIC OR TO THE TRANSITION FROM THE FOSSIL FUEL INDUSTRY TO RENEWABLE ENERGY OR ELECTRIC TRANSPORTATION, AND WHO HAVE NOT BEEN ABLE TO SECURE A COMPARABLY COMPENSATED POSITION. (IV) "ELIGIBLE VEHICLE" MEANS A ZERO-EMISSION WHEELCHAIR ACCESSIBLE VEHICLE THAT MEETS ALL OF THE RULES AND REQUIREMENTS OF THE AUTHORITY. (V) "NEW YORK JOBS PLAN" MEANS A COMPONENT OF THE DOCUMENTATION SUBMITTED DURING THE ELIGIBILITY APPLICATION PROCESS AND THAT SHALL BE USED TO DETERMINE CERTAIN PLUS-UPS AND DEDUCTIONS FROM THE BASE INCEN- TIVE AMOUNT. THE NEW YORK JOBS PLAN SHALL INCLUDE THE INFORMATION SUBMITTED BY THE CONTRACTOR, THE CONTRACTOR'S SUPPLIER, AND THE CONTRAC- TOR'S MAJOR SUPPLIER, WHICH STATES: (1) THE MINIMUM NUMBER OF JOBS; (2) PROPOSED WAGES, BENEFITS, AND INVESTMENT IN TRAINING; (3) TARGETED HIRING PLANS FOR DISADVANTAGED WORKERS, DISPLACED WORKERS, AND INDIVID- UALS FACING BARRIERS TO EMPLOYMENT FOR JOBS CREATED OR RETAINED IN THE STATE; (4) LIFECYCLE EMISSIONS ANALYSIS; (5) USE OF RECYCLED CONTENT; (6) PLANS TO MAXIMIZE REUSE AND RECYCLING OF BATTERIES; AND (7) THE USE OF RECYCLED OR RESPONSIBLY-MINED MINERALS. (VI) "ORIGINAL EQUIPMENT MANUFACTURER" MEANS A MANUFACTURER THAT BUILDS OR ASSEMBLES, AT A MINIMUM, THE COMPLETED DRIVETRAIN AND CHASSIS FOR AN ELIGIBLE VEHICLE. S. 5552 13 (VII) "SUPPLIER" MEANS A COMPANY THAT SELLS VEHICLES OR COMPONENT PARTS OF VEHICLES TO AN ORIGINAL EQUIPMENT MANUFACTURER OR AN UPFIT OR RETROFIT MANUFACTURER. (VIII) "RESPONSIBLE MINERAL SOURCING" MEANS ORIGINAL EQUIPMENT MANUFACTURER PROCUREMENT PRACTICES FOR COMPONENTS AND RAW MATERIALS THAT ENABLE THE ORIGINAL EQUIPMENT MANUFACTURER TO ACCURATELY ASSESS AND REPORT THE SOCIAL AND ENVIRONMENTAL IMPACT OF MINED MINERALS USED IN THE PRODUCTION OF THE VEHICLE, AND IN WHICH THE ORIGINAL EQUIPMENT MANUFAC- TURER TAKES ACTIVE STEPS TO IMPROVE THE SOCIAL AND ENVIRONMENTAL IMPACT OF THE MINED MINERALS USED IN THE PRODUCTION OF SUCH VEHICLE BY ENSURING THAT ANY MINED MINERALS USED IN THE VEHICLE CONFORM TO THE HIGHEST POSSIBLE STANDARDS OF SOCIAL RESPONSIBILITY, INCLUDING FREE, PRIOR, AND INFORMED CONSENT, HUMAN RIGHTS, LABOR RIGHTS, WORKER AND COMMUNITY HEALTH AND SAFETY, CONFLICT INVOLVEMENT, COMMUNITY ENGAGEMENT AND CONSULTATION, AND CULTURAL HERITAGE, AND ENVIRONMENTAL RESPONSIBILITY, INCLUDING WATER MANAGEMENT, AIR QUALITY, GREENHOUSE GAS EMISSIONS, NOISE MANAGEMENT, PROTECTION OF ECOSYSTEMS AND BIODIVERSITY, AND MANAGEMENT OF TOXINS INCLUDING MERCURY AND CYANIDE. WHENEVER AVAILABLE, STANDARDS AND EVALUATIONS SHALL CONFORM TO THOSE OF THE INITIATIVE FOR RESPONSIBLE MINING ASSURANCE. (IX) "UPFIT OR RETROFIT MANUFACTURER" MEANS A MANUFACTURER THAT INSTALLS EQUIPMENT ON AN AUTOMOTIVE VEHICLE CHASSIS PURCHASED FROM AN ORIGINAL EQUIPMENT MANUFACTURER. THE UPFIT OR RETROFIT MANUFACTURER SHALL BEAR FULL RESPONSIBILITY UNDER FEDERAL LAW FOR ANY VEHICLE DEFECTS AND SHALL BE RESPONSIBLE FOR CERTIFYING THAT THE VEHICLE MEETS ALL APPLICABLE FEDERAL SAFETY STANDARDS. (B) THE AUTHORITY SHALL ESTABLISH GUIDELINES GOVERNING THE QUALIFICA- TIONS OF ELIGIBLE VEHICLES AND SHALL CONSIDER PROSPECTIVE VEHICLE CONTRACTORS' EXPERIENCE, FINANCIAL CAPABILITY AND RESPONSIBILITY, AND PAST PERFORMANCE, INCLUDING PERFORMANCE ON MEETING NEW YORK JOBS PLAN COMMITMENTS. (C) THE AUTHORITY SHALL DEVELOP PROCEDURES FOR DETERMINING INCENTIVE AMOUNTS FOR ELIGIBLE VEHICLES. AS PART OF THE ELIGIBILITY QUALIFICATION PROCESS, THE AUTHORITY SHALL REQUIRE PROSPECTIVE CONTRACTORS TO SUBMIT NEW YORK JOBS PLAN INFORMATION FOR THEMSELVES AS WELL AS THEIR SUPPLI- ERS. IF A CONTRACTOR IS A ZERO-EMISSION VEHICLE DEALERSHIP THAT HAS A WRITTEN AGREEMENT WITH A ZERO-EMISSION VEHICLE ORIGINAL EQUIPMENT MANUFACTURER, THEN THE CONTRACTOR SHALL SUBMIT NEW YORK JOBS PLAN INFOR- MATION FROM THE ORIGINAL EQUIPMENT MANUFACTURER. AT A MINIMUM, THE NEW YORK JOBS PLAN SHALL REQUIRE PROSPECTIVE CONTRACTORS AND THEIR SUPPLIERS TO PROVIDE THE FOLLOWING INFORMATION: (I) THE MINIMUM NUMBER OF FULL-TIME EQUIVALENT PERMANENT JOBS IN PRODUCTION OCCUPATIONS TO BE RETAINED AND CREATED PER TEN VEHICLE SALES; (II) THE MINIMUM WAGE LEVELS BY JOB CLASSIFICATION; (III) THE MINIMUM AMOUNTS THAT WILL BE PAID FOR FRINGE BENEFITS BY JOB CLASSIFICATION; (IV) THE MINIMUM AMOUNTS THAT WILL BE PAID FOR WORKER TRAINING BY JOB CLASSIFICATION; (V) INFORMATION ON RECRUITMENT AND TRAINING PROGRAMS TARGETED SPECIF- ICALLY TOWARDS INDIVIDUALS FACING BARRIERS TO EMPLOYMENT, DISPLACED WORKERS, AND DISADVANTAGED WORKERS; (VI) LIFECYCLE EMISSIONS ANALYSIS OF THE VEHICLES; (VII) THE MINIMUM PERCENT TOTAL VALUES OF RECYCLED CONTENT IN THE CHASSIS, BODY, BATTERY, AND MOTOR, ALONG WITH THE TOTAL VALUE OF EACH OF THESE COMPONENTS; S. 5552 14 (VIII) A PLAN TO MAXIMIZE REUSE AND RECYCLING OF THE TRACTION BATTERY AT END OF USE IN VEHICLES; AND (IX) A PLAN TO PURCHASE MOTORS MANUFACTURED USING RECYCLED (FIRST PRIORITY) OR RESPONSIBLY-MINED (SECOND PRIORITY) COPPER AND BATTERIES USING RECYCLED OR RESPONSIBLY-MINED LITHIUM, NICKEL, AND COBALT, ACCORD- ING TO THE STANDARDS AND ASSESSMENTS ESTABLISHED BY THE INITIATIVE FOR RESPONSIBLE MINING ASSURANCE. (D) UPON CERTIFICATION OF AN ELIGIBLE VEHICLE, THE NEW YORK JOBS PLAN INFORMATION SHALL BE INCORPORATED AS A MATERIAL TERM OF THE CONTRACT. (E) TO DETERMINE THE INCENTIVE AMOUNT FOR EACH ELIGIBLE VEHICLE, THE AUTHORITY SHALL SCORE THE CONTRACTOR'S AND THE CONTRACTOR'S SUPPLIERS' NEW YORK JOBS PLAN COMMITMENTS FROM ZERO TO ONE HUNDRED, ACCORDING TO A FORMULA WHICH INCLUDES COMPARATIVE ASSESSMENTS OF: (I) ECONOMIC BENEFITS: FIFTY PERCENT. ECONOMIC BENEFITS SHALL BE CALCULATED AS THE PRODUCT OF FULL-TIME EQUIVALENT POSITIONS CREATED OR RETAINED AT EACH CLASSIFICATION AND THE SQUARE OF EACH CLASSIFICATION'S TOTAL COMPENSATION, WAGES, AND MONETARY FRINGE BENEFITS. (II) WORKFORCE DEVELOPMENT: TEN PERCENT. WORKFORCE DEVELOPMENT SHALL BE CALCULATED AS THE TOTAL AMOUNT OF INVESTMENT IN WORKER TRAINING FOR EMPLOYEES OF THE ORIGINAL EQUIPMENT MANUFACTURER OVER THE TWELVE-MONTH PERIOD PRIOR TO FINAL DELIVERY OF THE VEHICLE. WORKFORCE DEVELOPMENT SHALL ACCOUNT FOR TEN PERCENT OF THE COMPARATIVE ASSESSMENT. (III) INCLUSION: FIFTEEN PERCENT. INCLUSION SHALL BE CALCULATED AS A QUALITATIVE EVALUATION OF THE ORIGINAL EQUIPMENT MANUFACTURER'S RECRUIT- ING AND TRAINING PROGRAMS TARGETED SPECIFICALLY TOWARDS INDIVIDUALS FACING BARRIERS TO EMPLOYMENT AND DISPLACED WORKERS. (IV) ENVIRONMENTAL SUSTAINABILITY: TWENTY-FIVE PERCENT. ENVIRONMENTAL SUSTAINABILITY SHALL BE CALCULATED AS AN INTEGRATED EVALUATION OF SUSTAINABLE MANUFACTURING PRACTICES, INCLUDING THE FOLLOWING FACTORS: (1) LIFECYCLE EMISSIONS ANALYSIS: TWENTY-FIVE PERCENT; (2) COMMITMENTS FOR PERCENT OF TOTAL VALUE OF RECYCLED CONTENT IN THE CHASSIS, BODY, BATTERY, AND MOTOR: TWENTY-FIVE PERCENT; (3) QUALITATIVE EVALUATION OF THE PLAN TO MAXIMIZE REUSE AND RECYCLING OF THE TRACTION BATTERY: TWENTY-FIVE PERCENT; AND (4) QUALITATIVE EVALUATION OF THE PLAN FOR RESPONSIBLE SOURCING OF MOTOR AND BATTERY MINERALS AND/OR REDUCING MINERAL USE IN THE VEHICLE: TWENTY-FIVE PERCENT. (V) NEW YORK'S REGIONAL EMPLOYMENT BENEFITS: UP TO TEN BONUS POINTS. (F) CONTRACTORS SHALL BE REQUIRED TO PROVIDE QUARTERLY REPORTS TO THE AUTHORITY FOR THE FIRST YEAR AFTER A CONTRACT IS AWARDED AND THEN ANNU- ALLY THEREAFTER. SUCH REPORTS SHALL DETAIL PROGRESS AND COMPLIANCE WITH THE CONTRACTOR'S NEW YORK JOBS PLAN COMMITMENTS AND THE COMMITMENTS OF THEIR SUPPLIERS ON FORMS PROVIDED BY THE AUTHORITY. IF ANY SUCH REPORT INDICATES A FAILURE TO COMPLY WITH THE CONTRACTOR'S NEW YORK JOBS PLAN COMMITMENTS, THE AUTHORITY SHALL NOTIFY SUCH CONTRACTOR OF THEIR NONCOM- PLIANCE AND THE TIME FRAME WITHIN WHICH COMPLIANCE MUST BE MET. FAILURE TO COMPLY WITH THEIR NEW YORK JOBS PLAN COMMITMENTS WITHIN THE GIVEN TIME FRAME SHALL RESULT IN FORFEITURE OF THE ENTIRE VALUE OF THE VOUCH- ER. (G) THE AUTHORITY SHALL PUBLISH NEW YORK JOBS PLAN COMMITMENTS AND REPORTS TO THE AUTHORITY'S WEBSITE WITHIN TWO WEEKS OF VEHICLE CERTIF- ICATION AND SHALL PUBLISH QUARTERLY REPORTS WITHIN TWO WEEKS OF RECEIPT BY THE AUTHORITY. § 1760. BONDS AND NOTES. 1. THE AUTHORITY SHALL HAVE THE POWER AND IS HEREBY AUTHORIZED TO ISSUE AT ONE TIME OR IN SERIES FROM TIME TO TIME ITS NEGOTIABLE BONDS AND NOTES IN CONFORMITY WITH APPLICABLE PROVISIONS S. 5552 15 OF THE UNIFORM COMMERCIAL CODE IN SUCH PRINCIPAL AMOUNTS AS, IN THE OPINION OF THE AUTHORITY, SHALL BE NECESSARY TO PROVIDE SUFFICIENT MONEYS FOR ACHIEVING THE AUTHORITY'S CORPORATE PURPOSES, INCLUDING THE ESTABLISHMENT OF RESERVES TO SECURE THE BONDS AND NOTES AND THE PAYMENT OF INTEREST ON BONDS AND NOTES. 2. THE AUTHORITY SHALL HAVE POWER FROM TIME TO TIME TO RENEW BONDS OR NOTES OR TO ISSUE RENEWAL BONDS OR NOTES FOR SUCH PURPOSE, TO ISSUE BONDS OR NOTES TO PAY BONDS OR NOTES, AND, WHENEVER IT DEEMS REFUNDING EXPEDIENT, TO REFUND ANY BOND OR NOTE BY THE ISSUANCE OF NEW BONDS OR NOTES, WHETHER THE BONDS OR NOTES TO BE REFUNDED HAVE OR HAVE NOT MATURED, AND MAY ISSUE BONDS OR NOTES PARTLY TO REFUND BONDS OR NOTES THEN OUTSTANDING AND PARTLY FOR ANY OTHER CORPORATE PURPOSE OF THE AUTHORITY. BONDS OR NOTES ISSUED FOR REFUNDING PURPOSES SHALL BE SOLD AND THE PROCEEDS APPLIED TO THE PURCHASE, REDEMPTION OR PAYMENT OF THE BONDS OR NOTES TO BE REFUNDED. 3. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED BY THE AUTHORITY, EVERY ISSUE OF BONDS OR NOTES SHALL BE GENERAL OBLIGATIONS PAYABLE OUT OF ANY MONEYS OR REVENUES OF THE AUTHORITY, SUBJECT ONLY TO ANY AGREE- MENTS WITH THE HOLDERS OF BONDS OR NOTES PLEDGING ANY RECEIPTS OR REVEN- UES. 4. THE BONDS AND NOTES SHALL BE AUTHORIZED BY RESOLUTION OF THE AUTHORITY, SHALL BEAR SUCH DATE OR DATES AND MATURE AT SUCH TIME OR TIMES AS SUCH RESOLUTION SHALL PROVIDE, EXCEPT THAT NOTES AND ANY RENEWALS THEREOF SHALL MATURE WITHIN FIVE YEARS FROM THEIR RESPECTIVE DATES OF ISSUANCE OR RENEWAL, AS THE CASE MAY BE, AND BONDS SHALL MATURE WITHIN FORTY YEARS FROM THEIR RESPECTIVE DATES OF ISSUANCE OR RENEWAL, AS THE CASE MAY BE. THE BONDS AND NOTES SHALL BEAR INTEREST AT SUCH RATE OR RATES, BE IN SUCH DENOMINATION, BE IN SUCH FORM, EITHER COUPON OR REGISTERED, CARRY SUCH REGISTRATION PRIVILEGES, BE EXECUTED IN SUCH MANNER, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE OR PLACES, AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS SUCH RESOLUTION OR RESOL- UTIONS MAY PROVIDE. 5. BONDS AND NOTES SHALL BE SOLD BY THE AUTHORITY, AT PUBLIC OR PRIVATE SALE, AT SUCH PRICE OR PRICES AS THE AUTHORITY MAY DETERMINE. BONDS AND NOTES OF THE AUTHORITY SHALL NOT BE SOLD BY THE AUTHORITY AT PRIVATE SALE UNLESS SUCH SALE AND THE TERMS THEREOF HAVE BEEN APPROVED IN WRITING BY THE COMPTROLLER, WHERE SUCH SALE IS NOT TO THE COMP- TROLLER, OR BY THE DIRECTOR OF THE BUDGET, WHERE SUCH SALE IS TO THE COMPTROLLER. 6. IN THE DISCRETION OF THE AUTHORITY ANY BONDS OR ISSUE OF BONDS OR NOTES OR ISSUE OF NOTES MAY BE SECURED BY SUCH RESOLUTION OR BY A TRUST INDENTURE BY AND BETWEEN THE AUTHORITY AND A CORPORATE TRUSTEE WHICH MAY BE ANY TRUST COMPANY OR BANK HAVING THE POWERS OF A TRUST COMPANY IN THE STATE OR BY A SECURED LOAN AGREEMENT OR OTHER INSTRUMENT. SUCH RESOL- UTION, TRUST INDENTURE, LOAN AGREEMENT OR OTHER INSTRUMENT MAY CONTAIN ANY USUAL OR CUSTOMARY PROVISIONS, COVENANTS OR LIMITATIONS FOR BONDS OR NOTES OF SIMILAR NATURE WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THEREOF, INCLUDING SUCH PROVISIONS FOR PROTECTING AND ENFORCING THE RIGHTS AND REMEDIES OF BONDHOLDERS AND NOTEHOLDERS AS MAY BE REASON- ABLE AND PROPER AND NOT IN VIOLATION OF LAW. 7. ANY RESOLUTION OR RESOLUTIONS AUTHORIZING ANY NOTES OR BONDS OR ANY ISSUE THEREOF MAY CONTAIN PROVISIONS, WHICH SHALL BE A PART OF THE CONTRACT WITH THE HOLDERS THEREOF, AS TO: (A) PLEDGING ALL OR PART OF THE FEES, CHARGES, GIFTS, GRANTS, RENTS, REVENUES OR OTHER MONEYS RECEIVED OR TO BE RECEIVED AND LEASES OR AGREE- MENTS TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY ISSUE THERE- S. 5552 16 OF SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS AND NOTEHOLDERS AS MAY THEN EXIST; (B) THE RATES OF THE FEES OR CHARGES TO BE ESTABLISHED, AND THE AMOUNTS TO BE RAISED IN EACH YEAR THEREBY AND THE USE AND DISPOSITION OF THE FEES, CHARGES, GIFTS, GRANTS, RENTS, REVENUES OR OTHER MONEYS RECEIVED OR TO BE RECEIVED; (C) THE SETTING ASIDE OF RESERVES OR SINKING FUNDS, AND THE REGULATION AND DISPOSITION THEREOF; (D) LIMITATIONS ON THE PURPOSE TO WHICH THE PROCEEDS OF SALE OF ANY ISSUE OF NOTES OR BONDS THEN OR THEREAFTER TO BE ISSUED MAY BE APPLIED AND PLEDGING SUCH PROCEEDS TO SECURE THE PAYMENT OF THE NOTES OR BONDS OR OF ANY ISSUE THEREOF; (E) LIMITATIONS ON THE ISSUANCE OF ADDITIONAL NOTES OR BONDS; THE TERMS UPON WHICH ADDITIONAL NOTES OR BONDS MAY BE ISSUED AND SECURED; THE REFUNDING OF OUTSTANDING OR OTHER NOTES OR BONDS; (F) THE PROCEDURE, IF ANY, BY WHICH THE TERMS OF ANY CONTRACT WITH BONDHOLDERS OR NOTEHOLDERS MAY BE AMENDED OR ABROGATED, THE AMOUNT OF NOTES OR BONDS THE HOLDERS OF WHICH MUST CONSENT THERETO, AND THE MANNER IN WHICH SUCH CONSENT MAY BE GIVEN; AND (G) ANY OTHER MATTERS, OF LIKE OR DIFFERENT CHARACTER, WHICH IN ANY WAY AFFECT THE SECURITY OR PROTECTION OF THE NOTES OR BONDS. 8. IT IS THE INTENTION HEREOF THAT ANY PLEDGE MADE BY THE AUTHORITY SHALL BE VALID AND BINDING FROM THE TIME WHEN THE PLEDGE IS MADE, THAT THE MONEYS SO PLEDGED AND THEREAFTER RECEIVED BY THE AUTHORITY SHALL IMMEDIATELY BE SUBJECT TO THE LIEN OF SUCH PLEDGE WITHOUT ANY PHYSICAL DELIVERY THEREOF OR FURTHER ACT, AND THAT THE LIEN OF ANY SUCH PLEDGE SHALL BE VALID AND BINDING AS AGAINST ALL PARTIES HAVING CLAIMS OF ANY KIND IN TORT, CONTRACT OR OTHERWISE AGAINST THE AUTHORITY IRRESPECTIVE OF WHETHER SUCH PARTIES HAVE NOTICE THEREOF. NEITHER THE RESOLUTION NOR ANY OTHER INSTRUMENT BY WHICH A PLEDGE IS CREATED NEED BE RECORDED. 9. NEITHER THE MEMBERS OF THE AUTHORITY NOR ANY PERSON EXECUTING THE BONDS OR NOTES SHALL BE LIABLE PERSONALLY ON THE BONDS OR NOTES OR BE SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THE ISSUANCE THEREOF. 10. SUBJECT TO SUCH AGREEMENTS WITH BONDHOLDERS OR NOTEHOLDERS AS MAY THEN EXIST, THE AUTHORITY SHALL HAVE POWER OUT OF ANY FUNDS AVAILABLE THEREFOR TO PURCHASE BONDS OR NOTES AT A PRICE NOT EXCEEDING (A) IF THE NOTES OR BONDS ARE THEN REDEEMABLE, THE REDEMPTION PRICE THEN APPLICABLE PLUS ACCRUED INTEREST TO THE NEXT INTEREST PAYMENT DATE THEREON, OR (B) IF THE NOTES OR BONDS ARE NOT THEN REDEEMABLE, THE REDEMPTION PRICE APPLICABLE ON THE FIRST DATE AFTER SUCH PURCHASE UPON WHICH THE NOTES OR BONDS BECOME SUBJECT TO REDEMPTION PLUS ACCRUED INTEREST TO SAID DATE. BONDS AND NOTES SO PURCHASED SHALL THEREUPON BE CANCELLED. 11. THE STATE DOES HEREBY PLEDGE TO AND AGREE WITH THE HOLDERS OF ANY BONDS OR NOTES THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS AND POWERS VESTED IN THE AUTHORITY BY THIS TITLE TO FULFILL THE TERMS OF ANY CONTRACT MADE BY THE AUTHORITY WITH SUCH HOLDERS, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF SUCH HOLDERS UNTIL SUCH BONDS AND NOTES, TOGETHER WITH THE INTEREST THEREON, WITH INTEREST ON ANY UNPAID INSTALL- MENTS OF INTEREST, AND ALL COSTS AND EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR ON BEHALF OF SUCH HOLDERS, ARE FULLY MET AND DISCHARGED. THE AUTHORITY IS AUTHORIZED TO INCLUDE THIS PLEDGE AND AGREEMENT OF THE STATE, INSOFAR AS IT REFERS TO HOLDERS OF ANY BONDS OR NOTES, IN ANY CONTRACT WITH SUCH HOLDERS. § 1761. RESERVE FUNDS AND APPROPRIATIONS. 1. THE AUTHORITY MAY CREATE AND ESTABLISH ONE OR MORE RESERVE FUNDS TO BE KNOWN AS DEBT SERVICE S. 5552 17 RESERVE FUNDS AND MAY PAY INTO SUCH RESERVE FUNDS (A) ANY MONEYS APPRO- PRIATED AND MADE AVAILABLE BY THE STATE FOR THE PURPOSES OF SUCH FUNDS, (B) ANY PROCEEDS OF SALE OF BONDS AND NOTES TO THE EXTENT PROVIDED IN THE RESOLUTION OF THE AUTHORITY AUTHORIZING THE ISSUANCE THEREOF, (C) ANY MONEYS DIRECTED TO BE TRANSFERRED BY THE AUTHORITY TO SUCH FUNDS, AND (D) ANY OTHER MONEYS WHICH MAY BE MADE AVAILABLE TO THE AUTHORITY FOR THE PURPOSES OF SUCH FUNDS FROM ANY OTHER SOURCE OR SOURCES. THE MONEYS HELD IN OR CREDITED TO ANY DEBT SERVICE RESERVE FUND ESTABLISHED UNDER THIS SUBDIVISION, EXCEPT AS HEREINAFTER PROVIDED, SHALL BE USED SOLELY FOR THE PAYMENT OF THE PRINCIPAL OF BONDS OF THE AUTHORITY SECURED BY SUCH RESERVE FUND, AS THE SAME MATURE, REQUIRED PAYMENTS TO ANY SINKING FUND ESTABLISHED FOR THE AMORTIZATION OF SUCH BONDS (HEREIN- AFTER REFERRED TO AS "SINKING FUND PAYMENTS"), THE PURCHASE OR REDEMP- TION OF SUCH BONDS OF THE AUTHORITY, THE PAYMENT OF INTEREST ON SUCH BONDS OF THE AUTHORITY OR THE PAYMENT OF ANY REDEMPTION PREMIUM REQUIRED TO BE PAID WHEN SUCH BONDS ARE REDEEMED PRIOR TO MATURITY; PROVIDED, HOWEVER, THAT MONEYS IN ANY SUCH FUND SHALL NOT BE WITHDRAWN THEREFROM AT ANY TIME IN SUCH AMOUNT AS WOULD REDUCE THE AMOUNT OF SUCH FUND TO LESS THAN THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR ON THE BONDS OF THE AUTHOR- ITY THEN OUTSTANDING AND SECURED BY SUCH RESERVE FUND, EXCEPT FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST ON THE BONDS OF THE AUTHORITY SECURED BY SUCH RESERVE FUND MATURING AND BECOMING DUE AND SINKING FUND PAYMENTS FOR THE PAYMENT OF WHICH OTHER MONEYS OF THE AUTHORITY ARE NOT AVAILABLE. ANY INCOME OR INTEREST EARNED BY, OR INCREMENT TO, ANY SUCH DEBT SERVICE RESERVE FUND DUE TO THE INVESTMENT THEREOF MAY BE TRANS- FERRED TO ANY OTHER FUND OR ACCOUNT OF THE AUTHORITY TO THE EXTENT IT DOES NOT REDUCE THE AMOUNT OF SUCH DEBT SERVICE RESERVE FUND BELOW THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR ON ALL BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH RESERVE FUND. IN COMPUTING THE AMOUNT OF ANY DEBT SERVICE RESERVE FUND FOR THE PURPOSES OF THIS SECTION, SECU- RITIES IN WHICH ALL OR A PORTION OF SUCH RESERVE FUND ARE INVESTED SHALL BE VALUED AT PAR OR, IF PURCHASED AT LESS THAN PAR, AT THEIR COST TO THE AUTHORITY. 2. THE AUTHORITY SHALL NOT ISSUE BONDS AT ANY TIME IF THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN A SUCCEED- ING CALENDAR YEAR ON THE BONDS OUTSTANDING AND THEN TO BE ISSUED AND SECURED BY A DEBT SERVICE RESERVE FUND WILL EXCEED THE AMOUNT OF SUCH RESERVE FUND AT THE TIME OF ISSUANCE, UNLESS THE AUTHORITY, AT THE TIME OF ISSUANCE OF SUCH BONDS, SHALL DEPOSIT IN SUCH RESERVE FUND FROM THE PROCEEDS OF THE BONDS SO TO BE ISSUED, OR OTHERWISE, AN AMOUNT WHICH TOGETHER WITH THE AMOUNT THEN IN SUCH RESERVE FUND, WILL BE NOT LESS THAN THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR ON THE BONDS THEN TO BE ISSUED AND ON ALL OTHER BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH RESERVE FUND. 3. TO ASSURE THE CONTINUED OPERATION AND SOLVENCY OF THE AUTHORITY FOR THE CARRYING OUT OF THE PUBLIC PURPOSES OF THIS TITLE PROVISION IS MADE IN SUBDIVISION ONE OF THIS SECTION FOR THE ACCUMULATION IN EACH DEBT SERVICE RESERVE FUND OF AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT OF PRINCI- PAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR ON ALL BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH RESERVE FUND. IN ORDER FURTHER TO ASSURE THE MAINTENANCE OF SUCH DEBT SERVICE RESERVE FUNDS, THERE SHALL BE ANNUALLY APPORTIONED AND PAID TO THE AUTHORITY FOR DEPOSIT IN EACH DEBT SERVICE RESERVE FUND SUCH SUM, IF S. 5552 18 ANY, AS SHALL BE CERTIFIED BY THE CHAIR OF THE AUTHORITY TO THE GOVERNOR AND STATE DIRECTOR OF THE BUDGET AS NECESSARY TO RESTORE SUCH RESERVE FUND TO AN AMOUNT EQUAL TO THE MAXIMUM AMOUNT OF PRINCIPAL AND INTEREST MATURING AND BECOMING DUE IN ANY SUCCEEDING CALENDAR YEAR ON THE BONDS OF THE AUTHORITY THEN OUTSTANDING AND SECURED BY SUCH RESERVE FUND. THE CHAIR OF THE AUTHORITY SHALL ANNUALLY, ON OR BEFORE DECEMBER FIRST, MAKE AND DELIVER TO THE GOVERNOR AND STATE DIRECTOR OF THE BUDGET A CERTIF- ICATE STATING THE SUM, IF ANY, REQUIRED TO RESTORE EACH SUCH DEBT SERVICE RESERVE FUND TO THE AMOUNT AFORESAID, AND THE SUM OR SUMS SO CERTIFIED, IF ANY, SHALL BE APPORTIONED AND PAID TO THE AUTHORITY DURING THE THEN CURRENT STATE FISCAL YEAR. THE PRINCIPAL AMOUNT OF BONDS SECURED BY A DEBT SERVICE RESERVE FUND OR FUNDS TO WHICH STATE FUNDS ARE APPORTIONABLE PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO THE TOTAL AMOUNT OF BONDS AND NOTES OUTSTANDING ON THE EFFECTIVE DATE OF THIS TITLE, PLUS THE TOTAL AMOUNT OF BONDS AND NOTES CONTRACTED AFTER THE EFFECTIVE DATE OF THIS TITLE TO FINANCE PROJECTS IN PROGRESS ON THE EFFECTIVE DATE OF THIS TITLE AS DETERMINED BY THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO SECTION FIFTY OF THIS CHAPTER WHOSE AFFIRMATIVE DETERMINATION SHALL BE CONCLUSIVE AS TO ALL MATTERS OF LAW AND FACT SOLELY FOR THE PURPOSES OF THE LIMITATIONS CONTAINED IN THIS SUBDIVISION, BUT IN NO EVENT SHALL THE TOTAL AMOUNT OF BONDS SO SECURED BY SUCH A DEBT SERVICE RESERVE FUND OR FUNDS EXCEED NINE MILLION SIX HUNDRED SIXTY THOUSAND DOLLARS, EXCLUDING BONDS ISSUED TO REFUND SUCH OUTSTANDING BONDS UNTIL THE DATE OF REDEMPTION OF SUCH OUTSTANDING BONDS. AS OUTSTANDING BONDS SO SECURED ARE PAID, THE AMOUNT SO SECURED SHALL BE REDUCED ACCORDINGLY BUT THE REDEMPTION OF SUCH OUTSTANDING BONDS FROM THE PROCEEDS OF REFUNDING BONDS SHALL NOT REDUCE THE AMOUNT SO SECURED. 4. ALL AMOUNTS PAID OVER TO THE AUTHORITY BY THE STATE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE AND BE ACCOUNTED FOR AS ADVANCES BY THE STATE TO THE AUTHORITY AND, SUBJECT ONLY TO THE RIGHTS OF THE HOLDERS OF ANY BONDS OR NOTES OF THE AUTHORITY THERETOFORE OR THEREAFTER ISSUED, SHALL BE REPAID TO THE STATE FROM ALL AVAILABLE OPER- ATING REVENUES OF THE AUTHORITY IN EXCESS OF DEBT SERVICE RESERVE FUND REQUIREMENTS AND OPERATING EXPENSES. 5. AS USED IN THIS SECTION, (A) THE TERM "OPERATING EXPENSES" SHALL MEAN ORDINARY EXPENDITURES FOR OPERATION AND ADMINISTRATION OF THE AUTHORITY, INCLUDING MAINTENANCE, REPAIR AND REPLACEMENT OF AUTHORITY PROPERTY; AND (B) THE TERM "AVAILABLE OPERATING REVENUES" SHALL MEAN ALL AMOUNTS RECEIVED ON ACCOUNT OF RENTALS AND FEES CHARGED BY THE AUTHORI- TY, IF ANY, AND INCOME OR INTEREST EARNED OR ADDED TO FUNDS OF THE AUTHORITY DUE TO THE INVESTMENT THEREOF, AND NOT REQUIRED UNDER THE TERMS OR PROVISIONS OF ANY COVENANT OR AGREEMENT WITH HOLDERS OF ANY BONDS OR NOTES OF THE AUTHORITY TO BE APPLIED TO ANY PURPOSES OTHER THAN PAYMENT OF OPERATING EXPENSES OF THE AUTHORITY. § 1762. EXEMPTION FROM TAXATION OF BONDS AND NOTES. THE STATE COVEN- ANTS WITH THE PURCHASERS AND WITH ALL SUBSEQUENT HOLDERS AND TRANSFEREES OF BONDS AND NOTES, IN CONSIDERATION OF THE ACCEPTANCE OF AND PAYMENT FOR THE BONDS AND NOTES, THAT THE BONDS AND NOTES AND THE INCOME THERE- FROM, AND ALL MONEYS, FUNDS AND REVENUES PLEDGED TO PAY OR SECURE THE PAYMENT OF SUCH BONDS AND NOTES SHALL AT ALL TIMES BE FREE FROM TAXA- TION, EXCEPT FOR ESTATE AND GIFT TAXES AND TAXES ON TRANSFERS. § 1763. BONDS AND NOTES LEGAL INVESTMENTS FOR FIDUCIARIES. THE BONDS AND NOTES ARE HEREBY MADE SECURITIES IN WHICH ALL PUBLIC OFFICERS AND BODIES OF THE STATE AND ALL MUNICIPALITIES AND MUNICIPAL SUBDIVISIONS, ALL INSURANCE COMPANIES AND ASSOCIATIONS AND OTHER PERSONS CARRYING ON S. 5552 19 AN INSURANCE BUSINESS, ALL BANKS, BANKERS, TRUST COMPANIES, SAVINGS BANKS, SAVINGS ASSOCIATIONS, INCLUDING SAVINGS AND LOAN ASSOCIATIONS AND BUILDING AND LOAN ASSOCIATIONS, INVESTMENT COMPANIES AND OTHER PERSONS CARRYING ON A BANKING BUSINESS, ALL ADMINISTRATORS, GUARDIANS, EXECU- TORS, TRUSTEES AND OTHER FIDUCIARIES, AND ALL OTHER PERSONS WHATSOEVER WHO ARE NOW OR WHO MAY HEREAFTER BE AUTHORIZED TO INVEST IN BONDS OR OTHER OBLIGATIONS OF THE STATE, MAY PROPERLY AND LEGALLY INVEST FUNDS INCLUDING CAPITAL IN THEIR CONTROL OR BELONGING TO THEM. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, THE BONDS AND NOTES OF THE AUTHORITY ARE ALSO HEREBY MADE SECURITIES WHICH MAY BE DEPOSITED WITH AND MAY BE RECEIVED BY ALL PUBLIC OFFICERS AND BODIES OF THIS STATE AND ALL MUNICI- PALITIES AND MUNICIPAL SUBDIVISIONS FOR ANY PURPOSE FOR WHICH THE DEPOS- IT OF BONDS OR OTHER OBLIGATIONS OF THE STATE IS NOW OR MAY HEREAFTER BE AUTHORIZED. § 1764. RIGHT OF STATE TO REQUIRE REDEMPTION OF BONDS. NOTWITHSTANDING AND IN ADDITION TO ANY PROVISIONS FOR THE REDEMPTION OF BONDS WHICH MAY BE CONTAINED IN ANY CONTRACT WITH THE HOLDERS OF THE BONDS, THE STATE MAY, UPON FURNISHING SUFFICIENT FUNDS THEREFOR, REQUIRE THE AUTHORITY TO REDEEM, PRIOR TO MATURITY, AS A WHOLE, ANY ISSUE OF BONDS ON ANY INTER- EST PAYMENT DATE NOT LESS THAN TWENTY YEARS AFTER THE DATE OF THE BONDS OF SUCH ISSUE AT ONE HUNDRED FIVE PERCENT OF THEIR FACE VALUE AND ACCRUED INTEREST OR AT SUCH LESSER REDEMPTION PRICE AS MAY BE PROVIDED IN THE BONDS IN CASE OF THE REDEMPTION THEREOF AS A WHOLE ON THE REDEMP- TION DATE. NOTICE OF SUCH REDEMPTION SHALL BE PUBLISHED IN AT LEAST TWO NEWSPAPERS PUBLISHED AND CIRCULATING RESPECTIVELY IN THE CITIES OF ALBA- NY AND NEW YORK AT LEAST TWICE, THE FIRST PUBLICATION TO BE AT LEAST THIRTY DAYS BEFORE THE DATE OF REDEMPTION. § 1765. RIGHTS AND REMEDIES OF BONDHOLDERS AND NOTEHOLDERS. THE HOLD- ERS OF BONDS AND NOTES SHALL HAVE THE FOLLOWING RIGHTS AND REMEDIES, SUBJECT TO THE TERMS OF THE RESOLUTION AUTHORIZING SUCH BONDS AND NOTES OR ANY TRUST INDENTURE, SECURED LOAN AGREEMENT OR OTHER INSTRUMENT RELATED THERETO: 1. IN THE EVENT THAT THE AUTHORITY SHALL DEFAULT IN THE PAYMENT OF PRINCIPAL OF OR INTEREST ON ANY ISSUE OF BONDS OR NOTES AFTER THE SAME SHALL BECOME DUE, WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION, AND SUCH DEFAULT SHALL CONTINUE FOR A PERIOD OF THIRTY DAYS, OR IN THE EVENT THAT THE AUTHORITY SHALL FAIL OR REFUSE TO COMPLY WITH THE PROVISIONS OF THIS TITLE, OR SHALL DEFAULT IN ANY CONTRACT MADE WITH THE HOLDERS OF ANY ISSUE OF BONDS OR NOTES, THE HOLDERS OF TWENTY-FIVE PER CENTUM IN AGGREGATE PRINCIPAL AMOUNT OF THE BONDS OR NOTES OF SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT OR INSTRUMENTS FILED IN THE OFFICE OF THE CLERK IN THE COUNTY OF ALBANY AND APPROVED OR ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A TRUSTEE TO REPRESENT THE HOLDERS OF SUCH BONDS OR NOTES FOR THE PURPOSES HEREIN PROVIDED. 2. SUCH TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF TWEN- TY-FIVE PER CENTUM IN PRINCIPAL AMOUNT OF SUCH BONDS OR NOTES THEN OUTSTANDING SHALL, IN SUCH TRUSTEE'S OR ITS OWN NAME: (A) BY SUIT, ACTION OR SPECIAL PROCEEDING, ENFORCE ALL RIGHTS OF THE BONDHOLDERS OR NOTEHOLDERS, INCLUDING THE RIGHT TO REQUIRE THE AUTHORITY TO COLLECT FEES, RENTALS AND CHARGES ADEQUATE TO CARRY OUT ANY AGREE- MENTS WITH THE HOLDERS OF SUCH BONDS OR NOTES AND TO PERFORM ITS DUTIES UNDER THIS TITLE; (B) BRING SUIT UPON SUCH BONDS OR NOTES; (C) BY ACTION OR SUIT IN EQUITY, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE THE TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH BONDS OR NOTES; S. 5552 20 (D) BY ACTION OR SUIT IN EQUITY, ENJOIN ANY ACT OR THINGS WHICH MAY BE UNLAWFUL OR IN VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH BONDS OR NOTES; AND (E) DECLARE ALL SUCH BONDS OR NOTES DUE AND PAYABLE, AND IF ALL DEFAULTS SHALL BE MADE GOOD THEN WITH THE CONSENT OF THE HOLDERS OF TWENTY-FIVE PER CENTUM OF THE PRINCIPAL AMOUNT OF SUCH BONDS OR NOTES THEN OUTSTANDING, TO ANNUL SUCH DECLARATION AND ITS CONSEQUENCES. 3. SUCH TRUSTEE, WHETHER OR NOT THE ISSUANCE OF BONDS OR NOTES REPRES- ENTED BY SUCH TRUSTEE HAD BEEN DECLARED DUE AND PAYABLE, SHALL BE ENTI- TLED AS OF RIGHT TO THE APPOINTMENT OF A RECEIVER OF ANY PROPERTY OF THE AUTHORITY, THE FEES, RENTALS, CHARGES OR OTHER REVENUES OF WHICH ARE PLEDGED FOR THE SECURITY OF THE BONDS OR NOTES OF SUCH ISSUE AND SUCH RECEIVER MAY ENTER AND TAKE POSSESSION OF SUCH PROPERTY, OR ANY PART OR PARTS THEREOF AND OPERATE AND MAINTAIN THE SAME AND RECEIVE ALL FEES, CHARGES, RENTALS AND OTHER REVENUES THEREAFTER ARISING THEREFROM AND EXERCISE SUCH OTHER POWERS OF THE AUTHORITY AS THE COURT MAY DEEM ADVIS- ABLE AND PERFORM THE PUBLIC DUTIES AND CARRY OUT THE AGREEMENTS AND OBLIGATIONS OF THE AUTHORITY UNDER THE DIRECTION OF THE COURT. IN ANY SUIT, ACTION OR PROCEEDING BY THE TRUSTEE THE FEES, COUNSEL FEES AND EXPENSES OF THE TRUSTEE AND OF THE RECEIVER, IF ANY, SHALL CONSTITUTE TAXABLE DISBURSEMENTS AND ALL COSTS AND DISBURSEMENTS ALLOWED BY THE COURT SHALL BE A FIRST CHARGE ON ANY FEES, CHARGES, RENTALS AND OTHER REVENUES DERIVED FROM SUCH PROPERTIES. 4. SUCH TRUSTEE SHALL IN ADDITION TO THE FOREGOING HAVE AND POSSESS ALL OF THE POWERS NECESSARY OR APPROPRIATE FOR THE EXERCISE OF ANY FUNC- TIONS SPECIFICALLY SET FORTH HEREIN OR INCIDENT TO THE GENERAL REPRESEN- TATION OF BONDHOLDERS OR NOTEHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS. 5. THE SUPREME COURT SHALL HAVE JURISDICTION OF ANY SUIT, ACTION OR PROCEEDING BY THE TRUSTEE ON BEHALF OF SUCH BONDHOLDERS OR NOTEHOLDERS. THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE LAID IN THE COUNTY OF ALBANY. 6. BEFORE DECLARING THE PRINCIPAL OF BONDS OR NOTES DUE AND PAYABLE, THE TRUSTEE SHALL FIRST GIVE THIRTY DAYS' NOTICE IN WRITING TO THE GOVERNOR, TO THE AUTHORITY, TO THE COMPTROLLER AND TO THE ATTORNEY GENERAL OF THE STATE. § 1766. STATE NOT LIABLE ON BONDS AND NOTES. THE BONDS AND NOTES SHALL NOT BE A DEBT OF THE STATE OF NEW YORK NOR SHALL THE STATE BE LIABLE THEREON AND SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO THAT EFFECT. § 4. The tax law is amended by adding a new article 29-E to read as follows: ARTICLE 29-E FOR-HIRE VEHICLE IMPROVEMENT SURCHARGE SECTION 1299-AA. DEFINITIONS. 1299-BB. IMPOSITION OF TAX. 1299-CC. LIABILITY FOR SURCHARGE. 1299-DD. RETURNS AND PAYMENT OF SURCHARGE. 1299-EE. RECORDS TO BE KEPT. 1299-FF. DEPOSIT AND DISPOSITION OF REVENUE. § 1299-AA. DEFINITIONS. AS USED OR REFERRED TO IN THIS ARTICLE, UNLESS A DIFFERENT MEANING CLEARLY APPEARS FROM THE CONTEXT: (A) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, LIMITED LIABILITY COMPANY, SOCIETY, ASSOCIATION, JOINT STOCK COMPANY, CORPORATION, ESTATE, RECEIVER, TRUSTEE, ASSIGNEE, REFEREE OR ANY OTHER PERSON ACTING IN A FIDUCIARY OR REPRESENTATIVE CAPACITY, WHETHER APPOINTED BY A COURT OR S. 5552 21 OTHERWISE, ANY COMBINATION OF INDIVIDUALS AND ANY OTHER FORM OF UNINCOR- PORATED ENTERPRISE OWNED OR CONDUCTED BY TWO OR MORE PERSONS. (B) "AUTHORITY" MEANS THE GREEN ACCESSIBLE TRANSITION AUTHORITY ESTABLISHED PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW. (C) "FOR-HIRE VEHICLE" MEANS ANY TRANSPORTATION NETWORK COMPANY VEHI- CLE (TNC VEHICLE) AS DEFINED IN SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND TRAFFIC LAW AND ANY FOR-HIRE VEHICLE AS DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. (D) "FOR-HIRE TRANSPORTATION TRIP" MEANS TRANSPORTATION PROVIDED IN A FOR-HIRE VEHICLE AS DEFINED IN SUBDIVISION (C) OF THIS SECTION, FOR WHICH A CHARGE IS MADE. (E) "HIGH-VOLUME FOR-HIRE SERVICE" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 19-502 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. § 1299-BB. IMPOSITION OF TAX. (A) IN ADDITION TO ANY OTHER TAX OR ASSESSMENT IMPOSED BY THIS CHAPTER OR OTHER LAW, THERE IS HEREBY IMPOSED A SURCHARGE OF ONE DOLLAR FOR EACH FOR-HIRE TRANSPORTATION TRIP CONDUCTED IN A TRANSPORTATION NETWORK COMPANY VEHICLE OR BY A HIGH-VO- LUME FOR-HIRE SERVICE, OTHER THAN TRIPS DISPATCHED BY A PARATRANSIT SERVICE. (B) RECEIPTS SUBJECT TO TAX UNDER PARAGRAPH TEN OF SUBDIVISION (C) OF SECTION ELEVEN HUNDRED FIVE OF THIS CHAPTER SHALL BE DEEMED TO EXCLUDE ANY SURCHARGE IMPOSED BY THIS ARTICLE. § 1299-CC. LIABILITY FOR SURCHARGE. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY PERSON WHO DISPATCHES A MOTOR VEHICLE BY ANY MEANS THAT PROVIDES TRANSPORTATION THAT IS SUBJECT TO A SURCHARGE IMPOSED BY THIS ARTICLE SHALL BE LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE. (B) NOTWITHSTANDING ANY LAW TO THE CONTRARY: (1) THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL BE PASSED ALONG TO PASSENGERS AND SEPARATELY STAT- ED ON ANY RECEIPT THAT IS PROVIDED TO SUCH PASSENGERS. THE PASSING ALONG OF SUCH SURCHARGE SHALL NOT BE CONSTRUED BY ANY COURT OR ADMINISTRATIVE BODY AS THE IMPOSITION OF THE SURCHARGE ON THE PERSON OR ENTITY THAT PAYS FOR THE FOR-HIRE TRANSPORTATION TRIP. ALL REGULATORY AGENCIES SHALL ADJUST ANY FARES THAT ARE AUTHORIZED BY SUCH AGENCIES TO INCLUDE THE SURCHARGE IMPOSED BY THIS ARTICLE AND SHALL REQUIRE THAT ANY METER OR OTHER INSTRUMENT USED IN ANY FOR-HIRE VEHICLE REGULATED BY SUCH AGENCY TO CALCULATE FARES BE ADJUSTED TO INCLUDE THE SURCHARGE. (2) NEITHER THE FAILURE OF A REGULATORY AGENCY TO ADJUST FARES NOR THE FAILURE TO ADJUST A METER OR OTHER INSTRUMENT USED IN A FOR-HIRE VEHICLE TO CALCULATE FARES SHALL RELIEVE ANY PERSON LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE FROM THE OBLIGATION TO PAY SUCH SURCHARGE. § 1299-DD. RETURNS AND PAYMENT OF SURCHARGE. (A) EVERY PERSON LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL FILE A RETURN WITH THE COMMISSIONER ON A MONTHLY BASIS. EACH RETURN SHALL SHOW THE NUMBER OF FOR-HIRE TRANSPORTATION TRIPS SUBJECT TO THE SURCHARGE IMPOSED BY THIS ARTICLE IN THE MONTH FOR WHICH THE RETURN IS FILED, ALONG WITH SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE. THE RETURNS REQUIRED BY THIS SECTION SHALL BE FILED WITHIN TWENTY DAYS AFTER THE END OF THE MONTH COVERED THEREBY. IF THE COMMISSIONER DEEMS IT NECESSARY TO ENSURE THE PAYMENT OF THE SURCHARGE IMPOSED BY THIS ARTICLE, THE COMMISSIONER MAY REQUIRE RETURNS TO BE MADE FOR SHORTER PERIODS THAN PRESCRIBED BY THE PROVISIONS OF THIS SECTION, AND UPON SUCH DATES AS MAY BE SPECIFIED. THE FORM OF RETURNS SHALL BE PRESCRIBED BY THE COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AS THE COMMISSIONER MAY DEEM NECESSARY FOR THE S. 5552 22 PROPER ADMINISTRATION OF THIS ARTICLE. THE COMMISSIONER MAY REQUIRE THAT RETURNS BE FILED ELECTRONICALLY. (B) EVERY PERSON LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL, AT THE TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL AMOUNT OF ALL SURCHARGES DUE UNDER THIS ARTICLE. SUCH AMOUNT SHALL BE DUE AND PAYABLE ON THE DATE SPECIFIED FOR THE FILING OF THE RETURN FOR SUCH PERIOD, WITHOUT REGARD TO WHETHER A RETURN IS FILED, OR WHETHER THE RETURN THAT IS FILED CORRECTLY SHOWS THE CORRECT NUMBER OF FOR-HIRE TRIPS THAT ARE SUBJECT TO THE SURCHARGE, OR THE CORRECT SURCHARGE AMOUNT DUE THEREON. THE COMMISSIONER MAY REQUIRE THAT THE SURCHARGE BE PAID ELECTRONICALLY. (C) IN ADDITION TO ANY OTHER PENALTY OR INTEREST PROVIDED FOR UNDER THIS ARTICLE OR OTHER LAW, AND UNLESS IT IS SHOWN THAT SUCH FAILURE IS DUE TO REASONABLE CAUSE AND NOT DUE TO WILLFUL NEGLECT, ANY PERSON LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE THAT FAILS TO PAY SUCH SURCHARGE WHEN DUE SHALL BE LIABLE FOR A PENALTY IN AN AMOUNT EQUAL TO TWO HUNDRED PERCENT OF THE TOTAL SURCHARGE AMOUNT THAT IS DUE. § 1299-EE. RECORDS TO BE KEPT. EVERY PERSON LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL KEEP, AND SHALL MAKE AVAILABLE FOR REVIEW UPON DEMAND BY THE COMMISSIONER: (A) RECORDS OF EVERY TRIP PROVIDED OR ARRANGED BY SUCH PERSON, OR PROVIDED THROUGH THE USE OF A FOR-HIRE VEHICLE OWNED OR LEASED BY SUCH PERSON, INCLUDING ALL AMOUNTS PAID, CHARGED, OR DUE THEREON, IN SUCH FORM AS THE COMMISSIONER MAY REQUIRE; (B) TRUE AND COMPLETE COPIES OF ANY RECORDS REQUIRED TO BE KEPT BY ANY APPLICABLE REGULATORY DEPARTMENT OR AGENCY; AND (C) SUCH OTHER RECORDS AND INFORMATION AS THE COMMISSIONER MAY REQUIRE TO PERFORM THEIR DUTIES UNDER THIS ARTICLE. § 1299-FF. DEPOSIT AND DISPOSITION OF REVENUE. (A) ANY SURCHARGE, INTEREST, AND PENALTIES COLLECTED OR RECEIVED BY THE COMMISSIONER SHALL BE DEPOSITED DAILY WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES, OR TRUST COMPANIES, AS MAY BE DESIGNATED BY THE COMPTROLLER, TO THE CREDIT OF THE COMPTROLLER IN TRUST FOR THE GREEN ACCESSIBLE TRANSITION AUTHORITY. AN ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONEY IN THE POSSESSION OF THE COMPTROLLER. THE COMPTROLLER SHALL REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITORIES. OF THE TOTAL REVENUE COLLECTED OR RECEIVED UNDER THIS ARTICLE, THE COMPTROLLER SHALL RETAIN SUCH AMOUNT AS THE COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS ARTICLE. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEDUCT FROM THE AMOUNTS THE DEPARTMENT RECEIVES UNDER THIS ARTICLE, BEFORE DEPOSIT INTO THE TRUST ACCOUNTS DESIGNATED BY THE COMPTROLLER, A REASONABLE AMOUNT NECESSARY TO EFFECTUATE REFUNDS OF APPROPRIATIONS OF THE DEPARTMENT TO REIMBURSE THE DEPARTMENT FOR THE COSTS INCURRED TO ADMINISTER, COLLECT AND DISTRIBUTE THE SURCHARGE, INTEREST, AND PENALTIES IMPOSED BY THIS ARTICLE. (B) ON OR BEFORE THE TWELFTH DAY OF EACH MONTH, AFTER RESERVING SUCH AMOUNT FOR SUCH REFUNDS AND DEDUCTING SUCH AMOUNTS FOR SUCH COSTS, AS PROVIDED FOR IN SUBDIVISION (A) OF THIS SECTION, THE COMMISSIONER SHALL CERTIFY TO THE COMPTROLLER THE AMOUNT OF REVENUES SO RECEIVED DURING THE PRIOR MONTH AS A RESULT OF THE SURCHARGE, INTEREST, AND PENALTIES SO IMPOSED. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AFTER DEDUCTING THE AMOUNTS SPECIFIED IN THIS SUBDIVISION, THE REMAINING FUNDS COLLECTED SHALL BE DEPOSITED BY THE COMPTROLLER, WITHOUT APPROPRIATION, INTO THE GREEN ACCESSIBLE TRANSITION FUND ESTABLISHED PURSUANT TO SECTION SEVENTEEN HUNDRED FIFTY-FIVE OF THE PUBLIC AUTHORITIES LAW. S. 5552 23 § 5. The sum of ten million dollars ($10,000,000), or so much thereof as may be necessary, is hereby appropriated to the green accessible transition authority from any moneys in the state treasury in the gener- al fund to the credit of the state purposes account not otherwise appro- priated for the purposes of carrying out the provisions of this act. Such sum shall be payable on the audit and warrant of the state comp- troller on vouchers certified or approved by the secretary of state or such secretary's duly designated representative in the manner provided by law. § 6. This act shall take effect immediately.
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