§ 201. State agency employee vehicle efficiency. 1. For the purpose
of this section:

a. "state agency" means any department of the executive, any bureau,
commission, agency, board or other agency, any public authority, and the
judiciary and the legislature.

b. "state office" means any building or facility in the state wherein
one hundred or more employees, in aggregate, of any state agency are
located whether or not such office building or facility is owned, rented
or leased by the state.

2. Each state agency shall institute a program at each state office to
increase the average passenger occupancy per vehicle in commuting trips
between home and the work place. In the area designated as severe
non-attainment for ozone, as designated by the administrator of the
United States environmental protection agency, such increase shall be
not less than twenty-five percent above the average vehicle occupancy
standard for such trips as such standard is established in accordance
with the federal Clean Air Act, 42 U.S.C. Section 7401 et seq., as
amended by Public Law 101-549, November fifteenth, nineteen hundred
ninety, hereinafter referred to as "the Act", and regulations
promulgated pursuant thereto. Where parking for a state agency occurs on
properties under the jurisdiction of the office of general services, the
state agency shall institute such program in consultation with the
commissioner of general services. Where parking for a state office
occurs on properties not controlled by the office of general services,
each state agency shall be solely responsible for instituting such
program. When instituting such a program, a state agency shall take into
account the location of each facility, the availability of mass transit,
and the scheduling of employees at each work site using such facility.
Such program may include designation of parking spaces to be used
exclusively by multiple occupancy vehicles, provided that the number of
such spaces shall be determined with reference to the ability of users
of such facilities to engage in ride-sharing, provided, however, that
the designation of such spaces shall in no way displace handicapped
parking spaces established pursuant to section twelve hundred three-c of
the vehicle and traffic law. A plan for such program shall be completed
on or before November fifteenth, nineteen hundred ninety-five, and
implemented on or before November fifteenth, nineteen hundred
ninety-seven.

3. The provisions of this section shall not exclude any state agency
from any duty or responsibility to implement an employee trip reduction
program pursuant to section 7511a(d)(1)(B) of the Act. To the extent
permitted by the Act, programs instituted under this provision may be
used to comply with the employee trip reduction provisions of section
7511a(d)(1)(B) of the Act. Implementation of this section shall be
consistent with any agreements which may be made as a result of
collective bargaining or other negotiations between the state and its
affected employee unions.